Daily Halacha Podcast - Daily Halacha By Rabbi Eli J. Mansour

Halacha allows women to light the Shabbat candles without accepting the onset of Shabbat. For example, if a woman must drive somewhere before Shabbat and will not return home before Shabbat begins, she may light the Shabbat candles before she leaves and stipulate that she does not yet accept the onset of Shabbat. She then accepts Shabbat later, a few minutes before sundown. However, the Shulhan Aruch writes (263:4; listen to audio for precise citation) that when a woman lights the Shabbat candles early, rather than shortly before sundown, she must accept the onset of Shabbat. Halacha allows a woman to light Shabbat candles as early as Pelag Ha'minha – which occurs on the average 75 minutes before sundown, depending on the season – but she must accept Shabbat at that point, because otherwise it is not evident that she lights specifically for the honor of Shabbat. This Halacha gives rise to the question of how early before sundown a woman may light Shabbat candles without accepting Shabbat. Said differently, at which point on Friday afternoon does it become clear that the candles are lit specifically for the honor of Shabbat, such that a woman may light without accepting Shabbat? Hacham Yishak Yosef (She'erit Yosef, vol. 3, p. 383; listen to audio for precise citation) rules that a woman may light candles without accepting Shabbat as early as a half-hour before sundown; according to other authorities, she may do so as early as forty minutes before sundown. Thus, for example, if sundown on a summer day occurs at 8:30 PM, a woman who lights candles before 7:50 PM on Friday must accept the onset of Shabbat. If she wishes to perform Melacha (activity forbidden on Shabbat) after lighting candles, then she must light candles no earlier than 7:50 PM. Summary: A woman may light Shabbat candles on Friday afternoon as early as Pelag Ha'minha – approximately 75 minutes before sundown, depending on the season. She must accept Shabbat at the time of lighting unless she lights within thirty minutes – or, according to others, forty minutes – before sundown, in which case she may stipulate at the time of lighting that she does not yet accept the onset of Shabbat.

The Shulhan Aruch (Orah Haim 263) rules (based on the Rashba) that if a person accepted Shabbat early, before sunset – as one is supposed to do – he is allowed to ask another Jew, who has not accepted Shabbat, to perform Melacha on his behalf. As long as the sun has not yet set, one who has accepted Shabbat may have somebody else perform Melacha for him, even though he himself obviously may not perform Melacha, as he has accepted Shabbat. Since the other person has not yet accepted Shabbat, and the person who had accepted Shabbat would be allowed to perform Melacha were it not for his decision to accept Shabbat early, he may ask somebody else to perform Melacha which he needs to be done. One example of this Halacha is a case where a woman needs to go to the Mikveh on Friday night. She may light the Shabbat candles and accept Shabbat, and then her husband can drive her to the Mikveh. As long as she does not open doors or perform any other action that activates lights or electronic devices, she may have her husband drive her to the Mikveh. Conversely, if the husband accepted Shabbat and the wife has not yet accepted Shabbat, she may drive him to the synagogue. Likewise, if the husband accepted Shabbat and prayed in the synagogue before sundown, as many men do in the summertime, and he comes home before his wife lit candles and accepted Shabbat, he may ask his wife to turn on a light, turn on the air conditioner, or perform other activities involving Melacha. This is the ruling of the Shulhan Aruch, as discussed by Rabbi Moshe Halevi (Israel, 1961-2001) in his Menuhat Ahaba (vol. 1, p. 111; listen to audio recording for precise citation). Summary: One who accepts Shabbat before sundown may ask another Jew who had not yet accepted Shabbat to perform Melacha on his behalf, such as to turn on a light or air conditioner, as long as the sun has not yet set.

Many congregations have the practice during the summer months of accepting Shabbat early, before sundown on Friday afternoon. The men go the synagogue, recite Minha, Kabbalat Shabbat and Arbit, and return home well before sundown. The question arises in this situation as to whether or not the wife is bound by the husband's acceptance of Shabbat. If, for example, the husband estimates that he will recite Kabbalat Shabbat and thus accept the onset of Shabbat at 7:15pm, must he instruct his wife to complete all Shabbat preparations and light the Shabbat candles by 7:15? A famous Halachic principle known as "Ishto Ke'gufo" establishes that a husband and wife are considered a single unit. Seemingly, then, once a husband accepts Shabbat, the wife must likewise accept Shabbat at that point, and may therefore not perform any Melacha (activity forbidden on Shabbat) past the time when her husband accepts Shabbat. In truth, however, this is not the case. Hacham Ovadia Yosef explicitly rules that a husband and wife accept Shabbat separately, and are not bound by the other's acceptance. Strictly speaking, then, it is possible for the husband to return home from the synagogue on Friday night during the summer months and find his wife still turning on and off lights, dealing with the oven, lighting candles, and so on. Since the wife is not bound by the husband's acceptance of Shabbat, she may continue performing Melacha until the time for Shabbat candle lighting eighteen minutes before sunset. Needless to say, once the wife lights the Shabbat candles, she accepts the onset of Shabbat and may no longer perform Melacha. The also applies in the reverse case. Meaning, if a wife accepts Shabbat early, before the other members of her family, her acceptance is not binding upon them, and they may still perform Melacha. It should be noted that the restrictions of "Amira Le'akum" – asking a gentile to perform Melacha on Shabbat on one's behalf – do not apply to asking Jews. For example, if somebody accepted Shabbat early, before sunset, and then realizes that he mistakenly left his bedroom light on, he may ask another Jew who has not yet accepted Shabbat to turn off the light. There is no prohibition against asking a fellow Jew to perform Melacha on one's behalf if he has yet to accept Shabbat and the sun has not yet set. This applies after Shabbat, as well. For example, many people extend their Se'uda Shelishit meal until well after nightfall, by which time many other people have already recited Habdala and ended Shabbat. It would be permissible in such a situation to ask somebody who has ended Shabbat to perform Melacha on his behalf, such as to bring him something from his car. Even though the one making the request has not yet ended Shabbat, he may ask a fellow Jew to perform Melacha for him if that other Jew has already ended Shabbat. Summary: Even though a man accepted Shabbat early, before sundown, his wife is not required to accept Shabbat at that point, and she may continue performing Melacha until the usual candle lighting time. A person who accepted Shabbat early may ask a fellow Jew who has not yet accepted Shabbat to perform Melacha for him. Similarly, a person who did not yet end Shabbat on Saturday night may ask a person who did end Shabbat to perform a Melacha for him.

Halacha forbids listening to music – either live or from a radio, tape, disc player and the like – during the three weeks from Shiba Assar Be'Tammuz through Tisha B'Ab. This applies even to religious music, such as prayers and Pizmonim; even these songs may not be sung with musical accompaniment during the Three Weeks. Just as a mourner, Heaven forbid, may not listen to music due to his state of bereavement, similarly, during the Three Weeks, when we mourn the destruction of the Mikdash, we must refrain from listening to music. There are, however, a number of exceptions to this rule, situations in which listening to music would be permissible during this period. Rav Shlomo Zalman Auerbach (Israel, 1910-1995) ruled that a person who suffers from depression or anxiety, Heaven forbid, and depends upon music to relieve his emotional distress, may listen to music during the Three Weeks. A similar situation would be a person who lives alone and experiences loneliness, and relies on music to lift his or her spirits. Rav Shlomo Zalman maintained that situations such as these are treated no differently than medical disorders, and thus the prohibition against listening to music is waived in consideration of the serious health concerns involved. This is also the ruling of Hacham Ovadia Yosef. Of course, one must be honest with himself before applying this Halacha. A person cannot simply decide that he's in a "bad mood" so he can now listen to music. This ruling refers to people suffering considerably from depression, and not to anyone who happens to have had a difficult day. Hacham Ovadia also addressed the question posed by a camp director concerning the music played during camp hours as part of the camp's routine. Would it be permissible to continue playing music in the camp during the Three Weeks? Hacham Ovadia allowed playing music in this framework, since the music is played not for enjoyment, but rather to help the counselors by keeping the children attentive and on schedule. This is comparable to the situation of oarsmen who often sing to keep them in rhythm as they row; the music is played not for enjoyment, but rather as part of the counselors' work routine. If a person earns a living as a musician, he may play music for gentile audiences during the Three Weeks, but only until the week of Tisha B'Ab. He may not, however, play for fellow Jews already from Shiba Assar Be'Tammuz, even for Jews who are not halachically observant. A musician who earns a livelihood from teaching music – such as piano teachers, violin teachers, and so on – may continue giving lessons during the Three Weeks, but not during the week of Tisha B'Ab. Since he would lose a substantial amount of money by refraining from teaching for three weeks, and in light of the fact that he is not playing music for enjoyment, he is allowed to continue teaching until and not including the week of Tisha B'Ab. Summary: Although it is generally forbidden to listen to music during the Three Weeks, people suffering from depression or anxiety who need music to relieve their distress may listen to music. Music may also be played at summer camps when this is necessary to keep the young campers attentive and happy. It is permissible to play music for gentile audiences – but not Jewish audiences – until the week of Tisha B'Ab, and one may also teach music lessons until the week of Tisha B'Ab.

The day of Shiba Asar Be'Tammuz (the 17th day in the month of Tammuz) is observed as a fast day to commemorate five calamities that befell the Jewish people on this day: 1) Just several months after the Exodus from Egypt, Beneh Yisrael worshipped the golden calf on Shiba Asar Be'Tammuz; 2) Toward the end of the First Temple era, it was on this day when the daily Tamid offering was discontinued; 3) Just before the destruction of the Second Temple, the wall of Jerusalem was breached by the Roman legions on the 17th of Tammuz; 4) An enemy named Apostomus publicly burned a Sefer Torah; 5) A statue was brought into the Bet Hamikdash. Other calamities occurred on this day, as well. The Gemara in Masechet Ta'anit establishes the rule of "En Ta'anit Sibur Be'Babel." This means that when the Sages in Babylonia established fast days, they did not treat them with the same severity as Yom Kippur and Tisha B'Ab. Thus, it is permissible to wash, bathe and wear leather shoes on Shiba Asar Ba'Tammuz. Furthermore, the fast begins in the morning, and not at sundown the previous evening. The Halachic authorities address the question of whether or not the restrictions of "Ben Ha'mesarim" – the three-week period between Shiba Asar Be'Tammuz and Tisha B'Ab – apply on the night before Shiba Asar Be'Tammuz. The period of the Three Weeks is a time when many calamities befell the Jewish nation, in commemoration of which we observe a number of prohibitions. Do these restrictions take effect on the morning of Shiba Asar Be'Tammuz, when the fast begins, or do they take effect already the previous night? The Hid"a (Rav Haim Yosef David Azulai, 1724-1806) addresses this question in his work of responsa Haim Sha'al, and he writes that one should begin observing the restrictions of the Three Weeks already on the night before Shiba Asar Be'Tammuz. Other authorities rule leniently in this regard, allowing haircutting and festivity on the night before Shiba Asar Be'Tammuz, and therefore those who are lenient have a basis on which to rely. Preferably, however, one should refrain from such activities already at the night of Shiba Asar Be'Tammuz, except in situations of a particular need. It should be noted that according to some authorities (including the Ramban and the Shela), the fast of Shiba Asar Be'Tammuz begins already the previous night. Of course, Halacha does not follow this opinion, but it nevertheless demonstrates that the night of Shiba Asar Be'Tammuz is considered the beginning of the Three Week period, and it is therefore proper to begin observing the restrictions of the Three Weeks already on this night. Specifically, these restrictions take effect at Set Hakochavim (nightfall) of the evening of Shiba Asar Be'Tammuz. Rav Yosef Shalom Elyashiv (contemporary) rules that since these restrictions are of Rabbinic (as opposed to Biblical) origin, they do not have to be observed during Ben Ha'shemashot on the evening of Shiba Asar Be'Tammuz. It is only at nightfall, when the stars become visible, that one must begin observing the restrictions of the Three Weeks. Summary: The restrictions of the Three Weeks begin at nightfall the evening before Shiba Asar Be'Tammuz. Even though the fast of Shiba Asar Be'Tammuz does not begin until morning, one should begin observing the laws of the Three Weeks already at nightfall the previous night, except in situations where it is necessary to delay these observances until morning.

Is it permissible to recite Birkat Ha'gomel on Shiba Assar Be'Tammuz? If, for example, a person returned from a trip and must recite the Beracha, may he do so on the fast of Shiba Assar Be'Tammuz? The reason why one might raise such a question is a ruling of the Kaf Ha'haim Sofer (Rav Yaakob Haim Sofer, Baghdad-Israel, 1870-1939) that one should not recite Birkat Ha'gomel on Tisha B'Ab morning. The morning of Tisha B'Ab marks the height of the intensity of the mourning for Temple's destruction, and it is therefore not an appropriate occasion for reciting the festive Beracha of Birkat Ha'gomel, in which one gives thanks to the Almighty for rescuing him. The Kaf Ha'haim does, however, allow reciting Birkat Ha'gomel during Minha on Tisha B'Ab, when the intensity of the mourning begins to diminish, and we already begin speaking about consolation ("Nahamu Nahamu"). Hacham Ovadia Yosef argues on this ruling, and maintains that one may recite Birkat Ha'gomel even in the morning of Tisha B'Ab. In his view, Birkat Ha'gomel is no different from the other standard Berachot recited as part of the prayer service, like Birkat Ha'shahar, which give praise to God, and there is no problem at all reciting Berachot on Tisha B'Ab. Hacham Ben Sion Abba Shaul (Israel, 1923-1998), in his work Or Le'sion, adds that it is permissible to recite Birkat Ha'gomel throughout the three weeks from Shiba Assar Be'Tammuz until Tisha B'Ab, without any restriction, and this is, indeed, the Halacha. Summary: One who is obligated to recite Birkat Ha'gomel may recite the Beracha during the three weeks from Shiba Assar Be'Tammuz until Tisha B'Ab, even on the day of Tisha B'Ab.

The Gemara in Masechet Berachot (30) establishes the obligation of "Tefilat Ha'derech," the special Beracha recited when embarking on a trip. There is a debate among the Rabbis in the Gemara as to whether or not this prayer must be recited while standing. Rav Hisda maintained that one must stop traveling and stand while reciting Tefilat Ha'derech, while Rav Sheshat was of the opinion that one may sit and continue traveling as he recites this prayer. The Rishonim (Medieval Halachic scholars) disagree in determining the final Halacha. Tosafot (commentaries by French and German Medieval scholars) followed the lenient position of Rav Sheshat, whereas the Rif (Rabbi Yishak of Fez, Morocco, 1013-1103) accepted the stringent ruling of Rav Hisda. The Shulhan Aruch (Orah Haim 110; listen to audio recording for precise citation) ruled that optimally, one should stop traveling and stand for the recitation of Tefilat Ha'derech. If, however, this is not possible, one may certainly rely on the lenient view of Rav Sheshat and recite the prayer while seated. If a person forgot to recite Tefilat Ha'derech at the beginning of his trip, until what point may he still recite the prayer? Halacha follows the position of the Behag ("Ba'al Halachot Gedolot") that allows a person to recite Tefilat Ha'derech even in the middle of his trip, so long as at least 72 minutes of traveling remain. For example, if a person takes a four-hour flight and remembered two hours into the flight that he had not recited Tefilat Ha'derech, he may recite the prayer at that point, since more than 72 minutes of traveling remain. If, however, a person did not remember to recite Tefilat Ha'derech until he is within 72 minutes of his destination, then he recites the Beracha but omits Hashem's Name in the conclusion. Thus, instead of reciting "Baruch Ata Hashem Shome'a Tefila," he would say, "Baruch Ata Shome'a Tefila." Summary: A traveler should preferably recite Tefilat Ha'derech while standing, but if this is not possible he may recite the prayer while sitting. A person who forgot to recite Tefilat Ha'derech at the beginning of his trip may recite it later, so long as at least 72 minutes of travel time remain. Otherwise, he may recite the Beracha but he must omit Hashem's Name from the concluding phrase, "Baruch Ata Hashem Shome'a Tefila."

In general, the Halacha permits traveling by boat on Shabbat, provided that one boarded the specified time before Shabbat. However, the Shulhan Aruch (248:2), based on a responsa of the Rambam, adds a caveat to this practice. He rules, that it is only permitted to travel over water on Shabbat, if it is not known for certain that the depth of the water is less than 10 tefachim (handbreadths). If it is known that the water is so shallow, travelling presents a problem of Tehumin (Leaving the boundaries of Shabbat.) Accordingly, even if one is in doubt as to the depth of the water, it is permitted to travel. Since the prohibition of Tehumin is M'drabanan (Rabbinic Law), the principle of Safek D'raban L'Kula, ("A doubt in a rabbinic matter is resolved leniently") is applied. Rabbi Akiva Eger (1761-1837) extrapolates a fundamental Halachic principle from this precedent. He points out that even travel above 10 tefachim is subject to question. The Talmud already defined such a case as a Halachic doubt. Therefore, one could have argued that travel over water whose depth is unknown, should be prohibited because of a "Safek Sefeka" (Double Doubt) of stringency: If the water is less than 10 Tefahim, it is certainly prohibited; if the water is deeper than 10 Tefahim, it still presents a problem, because of the side that is stringent even in such a case. From the fact that the Shulhan Aruch did not take this approach and maintained a lenient position, it can be concluded that the aforementioned argument is faulty. Rabbi Akiva Eger, based on the Shaar HaMelech, thereby deduces a general principle that in a doubt with regard to Rabbinic law, even a double doubt to be stringent is resolved leniently. This principle is adopted by Hacham Ovadia in Yabia Omer, as well as in Hazon Ovadia (Hilchot Shabbat, Vol. 1). He defends this leniency as a general rule in all areas of Halacha, against those opinions that view it as a special ruling in the case of Tehumin. SUMMARY A Halachic doubt in a Rabbinic Law is resolved leniently, even if there are two doubts towards stringency.

Is it permissible to travel on a boat during Shabbat, if one boarded the ship before Shabbat? Clearly, one may not ride on a boat on Shabbat if the captain or crew members are Jews who do not observe Shabbat. Since the trip entails Shabbat desecration by Jews, it is forbidden to participate in the voyage. This is the ruling of Hacham Ovadia Yosef in his work Yehaveh Da'at (6:16) and in Yabia Omer (vol. 4, Orah Haim 43:6), as well as of Rabbi Shemuel Pinhasi (contemporary), in his work Ve'daber Davar (listen to audio recording for precise citation). Of course, as Rabbi Pinhasi notes, if the trip is necessary for the purposes of Piku'ah Nefesh – saving a life – then one may travel on the ship even if it is operated and maintained by Jews. If the boat is operated and maintained by gentiles, as is more often the case, under what circumstances may one travel on the ship on Shabbat? According to Halacha, if one wishes to embark on the trip for the purpose of performing a Misva, then he may board a ship at any point before Shabbat and remain on the ship on Shabbat. If, however, one travels for personal or recreational purposes, then Halacha forbids boarding a ship within a few days of Shabbat. According to some authorities, one may board a ship through Tuesday, whereas others allow boarding a ship through Wednesday. Rav Pinhasi writes that it is preferable, when possible, to follow the stringent position and not board a ship past Tuesday. If, however, one already made reservations or cannot find a suitable cruise before Wednesday, then he may follow the lenient view. Hazal enacted this prohibition forbidding boarding a ship within a few days of Shabbat because doing so will likely interfere with one's "Oneg Shabbat" – the enjoyment of Shabbat. It often takes several days to accustom oneself to sea travel and overcome seasickness, and so the Sages forbade boarding a ship too close to Shabbat in order to ensure that one will be comfortable and at ease on Shabbat. Interestingly, Rabbi Moshe Halevi (Israel, 1961-2001), in his work Menuhat Ahava (1:2), raises the possibility that this enactment of Hazal might not apply nowadays, when boats are very large and stable. Furthermore, most people who travel on cruises are accustomed to sea travel and thus do not become seasick. Nevertheless, the vast majority of Halachic authorities dispute this position and forbid boarding a ship after Tuesday (or Wednesday), unless one travels for the purpose of performing a Misva. Thus, people who plan a cruise must ensure that the ship leaves no later than Wednesday, and preferably no later than Tuesday. It is permissible to board a docked ship on Shabbat, provided that it will not be departing at all during Shabbat. However, if one travels on a ship on Shabbat and the ship makes a temporary stop at some point during Shabbat, he must ensure not to disembark from the ship, as it will be forbidden for him to reboard the ship again later before the ship departs. Summary: It is forbidden to travel on Shabbat on a ship that is operated or maintained by Jews. If the ship is run by gentiles, one may ride on the ship on Shabbat provided that he boards no later than Wednesday, and preferably no later than Tuesday. If he travels for the purpose of a Misva, he may board anytime before Shabbat. It is permissible to board a docked ship on Shabbat, unless it will be departing at some later point during Shabbat.

If a boat reached its port on Shabbat, it is permitted to disembark on Shabbat. Assuming that the boat travelled across water deeper than 10 Tefahim (handbreadths), there is no issue of Tehum Shabbat (leaving the boundaries of Shabbat). Accordingly, the Jewish passengers are considered residents of the port city and can freely walk its entire domain. Even if non-Jews erect a ramp to disembark, the Jews may use it, since it was constructed for the benefit of the majority of non-Jewish passengers. Hacham Ovadia even permits disembarking from a ship via means of a smaller boat that ferries passengers to shore. So long as the non-Jewish sailors operate the boat for the majority of the non-Jewish passengers, it is permitted for the Jew to benefit from the service. Of course, caution must be exercised to a avoid issues of mukse and carrying without an Eruv. Often, the ship requires passengers to present their passport to return on board, and therefore, a Halachic solution must be implemented. Also, one must insure that no violations of Shabbat are incurred as a result of triggering electronic sensors or mechanisms upon disembarking. SUMMARY It is permitted to disembark a ship on Shabbat via a smaller ferry.