Halacha

Halacha

By Mansour, Rabbi Eli

Daily Halacha by Rabbi Eli J. Mansour according the Sephardic laws and customs of Aram Soba.... more

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  1. Number 1: The Impurity of the Water Used for Netilat Yadayim (with Special intro on Halacha in General)

    Daily Halacha - delivered directly to your computer and/or mobile device.

    11min
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  2. Number 2: If One Does Not Have a Cup for the Morning Netilat Yadayim

    Daily Halacha - delivered directly to your computer and/or mobile device.

    12min
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  3. Number 3: The Yom Kippur Fast – Guidelines For a Woman Who Has Just Given Birth

    The Shulhan Aruch (Orah Haim 617:10) rules that a woman who gave birth within three days before Yom Kippur is entirely exempt from the Yom Kippur fast, and is permitted to eat on Yom Kippur as much as she normally does. Since a woman during this period is exceedingly frail, any diminishing of her food intake could be injurious to her health, and so she is allowed to eat as usual. According to the Shulhan Aruch, this exemption applies only if the woman gave birth within three halachic days before Yom Kippur. This means that if she gave birth at 2pm on Monday, the first day ends several hours later, at sundown, and the third day ends with sundown on Wednesday afternoon. Therefore, if Yom Kippur begins Wednesday night, then according to the Shulhan Aruch, she must observe the fast (and she is allowed to eat only if she feels a special need to do so). Other Poskim, however, disagreed, and maintained that a woman is entirely exempt from the Yom Kippur fast for a full 72 hours after childbirth. And so in the case of a woman who gave birth at 2pm on Monday, the exemption extends until Thursday afternoon. Since the issue at stake is the woman's health, and a potential risk to life, Halacha follows the lenient position, even against the ruling of the Shulhan Aruch, and so the exemption extends for a full 72 hours after childbirth. Nevertheless (as noted by the Sha'ar Ha'siyun), after the third Halachic day the woman should not eat as much as she wants, but should eat only as much as she feels she needs to in order to maintain her health. Although she is, strictly speaking, exempt from fasting, it is proper at this point for her not to eat normally, but only what is necessary. The 72-hour period begins at the time the baby is delivered – as opposed to the time when active labor began – and it ends after 72 hours, even if this period ends in the middle of Yom Kippur. Thus, in the case described above, where the 72 hours end at 2pm on Thursday, which is Yom Kippur, the woman is required to fast after 2pm, and she may eat only if she feels a special need. If the 72-hour period ends an hour or so into Yom Kippur, then the woman should be stringent and observe the fast, if she is physically capable of fasting. Since in any event there is only one hour or so when she would be permitted to eat, and she does not need to eat every hour, it is proper in this case for her to observe the fast, and to eat only if she feels it is absolutely necessary. This is the ruling of Hacham Bension Abba Shaul (Israel, 1924-1998), in his Ner Siyon. Summary: If Yom Kippur falls within 72 hours after a woman delivered a baby, she is entirely absolved from the Yom Kippur fast, and may eat normally. However, after the third Halachic day (defined as the period from sundown till sundown the following day), she should eat only what she feels she needs to, even if she is still within 72 hours of delivery. If the 72-hour period ends during Yom Kippur, she should fast from that point, and eat only if she feels a particular need. If the 72-hour period ends an hour or so after the onset of Yom Kippur, she should, if possible, observe the entire fast.

    7min
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  4. Number 4: Halachot of Habdala When Yom Kippur Falls on Shabbat

    Normally, when we recite Habdala on Mosa'eh Yom Kippur, we recite the Beracha of "Boreh Me'oreh Ha'esh" over a "Ner She'shabat" – a candle which had been burning since before Yom Kippur. We light a 26-hour candle before the onset of Yom Kippur, and then use that flame for the Beracha of "Esh" during Habdala after Yom Kippur. This practice is followed even when Yom Kippur falls on Shabbat. Despite the fact that on Mosa'eh Shabbat we generally light a new flame to commemorate the discovery of fire by Adam Harishon, nevertheless, when Mosa'eh Shabbat is also Mosa'eh Yom Kippur, we use a preexisting flame. However, Hacham Ovadia Yosef rules that if one does not have access to a "Ner She'shabbat" when Mosa'eh Yom Kippur is also Mosa'eh Shabbat, then he may recite the Beracha of "Esh" over a new flame. And thus although one should use a "Ner She'shabat" like on an ordinary Mosa'eh Yom Kippur, if one does not have access to such a flame – which often happens – he may light a new fire and use that flame for Habdala. This ruling appears in Hazon Ovadia (p. 384), Yehave Da'at (1:63), and Yalkut Yosef (p. 423; listen to audio recording for precise citation). Besamim are not used in Habdala on Mosa'eh Yom Kippur, even when it falls on Mosa'eh Shabbat. Although we generally use Besamim in Habdala on Mosa'eh Shabbat, this is not the case when it is also Mosa'eh Yom Kippur. Hacham Ovadia Yosef writes that it is preferable to make a Beracha over Besamim and smell them after reciting Habdala and drinking the wine, but this should not be done as part of Habdala. One may not eat on Mosa'eh Yom Kippur before reciting or hearing Habdala. Even once it has become dark and Yom Kippur has ended, one may not eat before Habdala. Although the other prohibitions of Yom Kippur no longer apply once it has become dark – such as bathing, wearing leather shoes and applying creams – eating and drinking remain forbidden until Habdala. However, somebody who is very thirsty may drink water before Habdala (even if he has yet to recite Arbit), just as on Mosa'eh Shabbat. A woman whose husband has not yet returned from the synagogue after Yom Kippur may recite Habdala so she can eat. If one has access to a preexisting flame, but it will take time for somebody to bring it, he may recite Habdala without the Beracha of "Esh" so he can eat, and then recite the Beracha of "Esh" later, when the flame arrives. Summary: When Yom Kippur falls on Shabbat, the Habdala recited after Yom Kippur is the same as Habdala on an ordinary Mosa'eh Yom Kippur – Besamim are not used, and the Beracha of "Esh" is recited specifically over a fire that had been lit before Yom Kippur. However, when Mosa'eh Yom Kippur is also Mosa'eh Shabbat, one who does not have a candle that was lit before Yom Kippur may recite the Beracha over a new flame. Once Yom Kippur ends, all the activities forbidden on Yom Kippur become permissible, except for eating and drinking, which remain forbidden until Habdala, though one who is very thirsty may drink water before Habdala. A woman may recite Habdala before her husband returns from the synagogue so she can eat.

    5min
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  5. Number 5: Mailing Letters That Will be Handled on Shabbat

    The Shulhan Aruch (Siman 247) discusses the delivery of mail by non-Jews on Shabbat. Is it permissible to drop a letter in a mailbox on Erev Shabbat, which will be delivered on Shabbat? The Shulhan Aruch establishes a clear rule: It is permitted, as long as the non-Jew is paid a fixed price and he was not instructed to deliver it specifically on Shabbat. If these conditions are met, it is considered that the non-Jew is working for himself, and it was his choice to deliver the letter on Shabbat. This principle can be applied to modern-day mail. The postage stamp is the fixed payment. When one puts the letter in a mailbox before Shabbat, he is not telling the non-Jew when to deliver it. Even though there is a sign on the mailbox that says it will be emptied on Shabbat, it is not a problem, since the Jew did not ask the non- Jew to deliver it on Shabbat. It does not make a difference to the Jew whether the mail carrier comes on Shabbat or Mosei Shabbat. Moreover, there are additional factors to be lenient. First, the non-Jew is coming not only for the letter of the Jew; he is coming because of the other letters in the mailbox as well. Also, he is not directly in the employ of the Jew; he has a salaried position working for the government. Therefore, it is clearly permissible to drop a letter in the mailbox before Shabbat. This is the opinion of the Shevut Yaakov in his responsa (2:42) and it is accepted by Hacham Ovadia and Hacham Ben Sion. This leniency applies also to leaving letters in the personal mailboxes of private homes, and not just public mailboxes. There is no issue of Marit Ayin, i.e. that an outside observer would think that the Jew gave the letter to the mail carrier on Shabbat. Everybody knows that postal workers walk onto the porch every single day of the week. However, it is prohibited to personally hand the mail carrier the letter on Shabbat. The Shulhan Aruch clearly rules (252:2) that a Jew cannot engage a non-Jew to do work on Shabbat, even for a fixed fee. It would also be a problem to raise the indicator flag of the mailbox on Friday. Actively calling the mail carrier’s attention to the letter is tantamount to asking him to pick up the letter on Shabbat. It would also be a problem to raise the flag on Shabbat in advance of placing letters after Shabbat. This would constitute Hachana-preparing for after Shabbat. SUMMARY It is permitted to place a letter in a mailbox that will be emptied on Shabbat. It is prohibited to hand a letter to a non-Jewish mail carrier on Shabbat.

    8min
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