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Daily Moroccan Halachot

Rabbi Mordechai Lebhar, author Magen Avot
Redacted by Dr. Emile Amzallag

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Daily Halachot Topics

Can one make Kiddush over grape juice?

The Shulhan Aruch (O.H. 272:2) rules that one may use wine directly from the wine press, which has not fully completed its fermentation process, for the purpose of Kiddush. Based on the Gemara (Bava Batra 97a), the Shulhan Aruch goes on to say that one may even squeeze grapes and use the resulting juice for Kiddush. Nevertheless, the Mishna Berura (M.B., O.H. 272:5) says that the way to observe the Mitzvah of Kiddush in the most preferred manner (“Mitzvah Min Hamuvhar”) is to use wine which has fermented for at least forty days. Wine nowadays fulfills this forty-day benchmark. 

Rabbi Ben Zion Abba Shaul (Or Lezion, vol. III, ch. 15, § 4), based on the aforementioned Mishna Berura, rules that it is preferable to use wine and not grape juice for Kiddush at night.  On the other hand, Rabbi Ovadia Yosef (Hazon Ovadia, vol. VI, pg. 99) says that if one prefers the sweet taste of grape juice over the taste of wine, one may use it for Kiddush. 

The Shulhan Aruch (ibid:4) says that, although the Ramban considers white wine invalid for Kiddush, the custom  is to do and is therefore permitted. Regarding adding red wine to one’s white wine to render it red, the Ben Ish Hai (Rav Pe’alim, vol. III, Orah Haim, § 11) rules that this would be considered an act of dyeing (“Tzove’a”), and would therefore not be allowed on Shabbat. Although Tzove’a does not apply to foods, the Ben Ish Hai writes that in this case one has the express intention of coloring one’s white wine. Nevertheless, Rabbi Shalom Messas (Shemesh Umagen, vol. II, § 4:7) and Rabbi Ovadia Yosef both rule that one may add red wine to white wine even if it changes the color. 

Summary:   Besides red wine, one may use white wine or grape juice for Kiddush. One may color one’s white wine with red wine on Shabbat.

Can one make Kiddush over grape juice?

The Shulhan Aruch (O.H. 272:2) rules that one may use wine directly from the wine press, which has not fully completed its fermentation process, for the purpose of Kiddush. Based on the Gemara (Bava Batra 97a), the Shulhan Aruch goes on to say that one may even squeeze grapes and use the resulting juice for Kiddush. Nevertheless, the Mishna Berura (M.B., O.H. 272:5) says that the way to observe the Mitzvah of Kiddush in the most preferred manner (“Mitzvah Min Hamuvhar”) is to use wine which has fermented for at least forty days. Wine nowadays fulfills this forty-day benchmark. 

Rabbi Ben Zion Abba Shaul (Or Lezion, vol. III, ch. 15, § 4), based on the aforementioned Mishna Berura, rules that it is preferable to use wine and not grape juice for Kiddush at night.  On the other hand, Rabbi Ovadia Yosef (Hazon Ovadia, vol. VI, pg. 99) says that if one prefers the sweet taste of grape juice over the taste of wine, one may use it for Kiddush. 

The Shulhan Aruch (ibid:4) says that, although the Ramban considers white wine invalid for Kiddush, the custom  is to do and is therefore permitted. Regarding adding red wine to one’s white wine to render it red, the Ben Ish Hai (Rav Pe’alim, vol. III, Orah Haim, § 11) rules that this would be considered an act of dyeing (“Tzove’a”), and would therefore not be allowed on Shabbat. Although Tzove’a does not apply to foods, the Ben Ish Hai writes that in this case one has the express intention of coloring one’s white wine. Nevertheless, Rabbi Shalom Messas (Shemesh Umagen, vol. II, § 4:7) and Rabbi Ovadia Yosef both rule that one may add red wine to white wine even if it changes the color. 

Summary:   Besides red wine, one may use white wine or grape juice for Kiddush. One may color one’s white wine with red wine on Shabbat.

When is the Blessing Recited over the Shabbat Candles?

In general, when a blessing is recited on the performance of a Mitzvah, the blessing is first recited and one then performs the Mitzvah. For example, with respect to sounding the Shofar, one first recites the blessing and then one blows the Shofar. This method, based on the Gemara (Sukkah 39a), is known as “Over Le’asiatan”. There are instances in which the blessing is recited after the Mitzvah is performed for logistical, or other Halachic reasons, such as in Netilat Yadayim.

There is a discussion among the Poskim as to when a woman should recite the blessing on Shabbat candles. This is based on the debate on whether a woman accepts Shabbat upon herself when she lights the Shabbat candles. The Bahag (c.f Bet Yosef, § 263) writes that a woman accepts Shabbat when she recites the blessing over the candles. It follows that she could not light the candles after the blessing since, for her, it is already Shabbat, and therefore she would have to first light and then recite the blessing.

The Shulhan Aruch (O.H. 263:5) writes that when one lights the Shabbat candles one recites the blessing “Baruch…Lehadlik Ner Shel Shabbat”. Nornally, the Shulhan Aruch writes its ruling in the verbiage of either the Tur or the Rambam. However, the Rambam (Shabbat 5:1) writes clearly that one first recites the blessing and then lights the candles, whereas the language of the Shulhan Aruch simply says “when” someone lights one recites the blessing.  Rabbi Shalom Messas (Shemesh Umagen, § 3:71) writes that although the Shulhan Aruch is vague, it seems to imply that one first lights and then recites the blessing. Furthermore, whenever the Shulhan Aruch is vague, the Halacha follows the accepted custom. As well, the Aruch Hashulhan (263:16) adds that reciting the blessing before lighting could actually be considered a blessing in vain since such a case, one says a blessing, thereby accepting Shabbat, and then one goes on to perform an act which violates Shabbat. 

It is important to note that the HIDA (Mahazik Beracha 263:4) and the Ben Ish Hai (Shana II, Parashat Noach) testify that the universal Sepahrdic and Ashkenazic custom was that a women should first light, then cover the light of the candles and then one’s eyes and recite the blessing. Furthermore, Magen Avot (263:5) records that this was the custom of Tunisia, Algeria, Libya  Iraq, Iran, Buchara, Egypt, Turkey and Syria.

It is well known that Rabbi Ovadia Yosef (Yabia Omer, vol. X, §21),  based on the Rambam, was of the opinion that one should first recite the blessing and then light the Shabbat candles. Although the accepted custom was to first light, he cites (c/f in footnote ibid) that many great rabbis throughout the generations had the power to nullify customs. 

Notwithstanding, since this custom has a strong basis in Halacha, and the blessing is said right after the lighting, it is compared to the procedure used in  Netilat Yadayim. Indeed, great rabbis from Morocco were adamant about maintaining this custom just as it was practiced for centuries (c.f Shemesh Umagen ibid, Kitzur S. A Toledano §134:27, Nahagu Haam, Shabbat) 

Summary:  The universal  custom is for the woman to first light the Shabbat candles and then recite the blessing. 

Reciting “Yom Hashishi” : Permitted?

When reciting Kiddush, the cup should be held with the right hand, since the right side symbolizes the Divine attribute of kindness. Furthermore, Rabbi Eliyahu HaKohen (Midrash Talpiot, § 20, Anaf Kavana) writes that the Kiddush cup should be grasped with all five fingers of the right hand. In the Abuhatzira dynasty, there was a custom to hold the Kiddush cup along with the saucer beneath it with five fingers as per Kabbalah.  The Rashash, however, disagrees and says according to Kabbalah, the saucer should not be held with the cup while reciting Kiddush. 

Kiddush on Friday night is prefaced with the verses beginning with “Yom Hashishi”. (Interestingly, there is a unique Moroccan custom in which “Yom Hashishi” is also chanted, first by the Hazan and then the congregation, prior to the Hazan’s abridged repetition of the Amida during Arvit of Shabbat). At first glance, this presents a Halachic issue since the Gemara (Berachot 12b) teaches that we can only read Torah verses in the way the Moshe Rabbenu recorded them, and not in fragmented form. “Yom Hashishi” is actually the last two words of one verse (Bereshit 1:31) and the remainder of that verse is omitted. Other communities begin “Vayhi Erev Vayhi Boker Yom Hashishi”, but even in this case, the entire verse is not be recited. 

The Ben Ish (Rav Pe’alim, Orah Haim, vol. I, § 11) writes that the Gemara’s ruling only applies when a part of a verse which is longer than two words is fragmented off the original verse. In this case “Yom Hashishi” is only two words and therefore it is permissible. Rabbi Haim Binyamin Pontrimoli (Petah Hadevir, § 271:10) writes that it is permitted to recite “Yom Hashishi” in this way because although the source is the Torah, the verse is said as a form of prayer and not as a public reading of the Torah itself. If one were to read the Torah and fragment the verses then it would be problematic.  Additionally, Rabbi Ben Zion Abba Shaul (Or LeZion, vol. II, ch. 20, § 16) writes that the injunction against reciting fragmented verses only applies to a public setting, such as reading the Torah in the synagogue. If it is done privately, such as at home, then it is permitted. 

Rabbi Haim Palagi (Kaf Hahaim, § 36:2) writes that it in order to avoid any Halachic issues, it is preferable to recite the entire verse beginning with the words. Nevertheless, this appears to be a personal stringency and is not the accepted universal custom. 

Summary: The Kiddush cup should be held with all five fingers of the right hand. The Moroccan custom is begin Kiddush of Friday night with the the verses that begin with the words “Yom Hashishi”.

How is Kiddush recited on Friday night?

The Shulhan Aruch (O.H. 271:1) writes that when one returns home from the synagogue on Friday night, one should immediately recite Kiddush. The Mishna Berura (M.B., O.H. 271:1) mentions that if one is not hungry when one returns, one may wait to recite Kiddush since one already sanctifies the Shabbat during Arvit. Notwithstanding, the Mishna Berura adds that for the sake of one’s wife, kids or guests, one should not delay Kiddush and the ensuing meal. Accordingly, if one sees that one’s wife or guests may be hungry, tired or the like, one may forego all the introductory portions of Kiddush, such as Shalom Alechem, Bar Yohai or Azamer Bishvahin and recite them after Kiddush.

The Rama (ibid:10) writes that it is preferable to sit down while reciting the Kiddush of Friday night, and only briefly stand up at the beginning in honor of Hashem. The Kol Bo explains that since Kiddush must be followed by a meal, it is proper for Kiddush to be recited in a way a meal is conducted, that is, sitting down. The Vilna Gaon (M.B 46) offers another explanation  that when Kiddush is recited standing up, it lends itself to those present to move around and not have the requisite concentration or decorum for this Mitzvah. Indeed, the custom in many Ashkenazic communities is to stand during the verses of “Vaychulu” but then sit for the remainder of Kiddush. Nevertheless, the Sephardic custom, based on the Arizal, is to stand for Kiddush on Friday night (c.f Peri Etz Haim Shaar Shabbat 14, and Kaf Hachaim ibid 62). It goes without saying that at synagogue or other gatherings, in which there is a tendency for people to move about and socialize, those present should stand still and listen intently to the one reciting Kiddush.

As for the actual drinking of the Kiddush, however, one should sit since the Gemara (Gittin 70a) explains that drinking while standing damages the body. (c.f Ben Ish Hai Shana II, Bereshit 29).

Summary:  One should recite Kiddush as soon as one returns from synagogue on Friday night. If necessary, one may skip the introductory portions of Kiddush. Kiddush of Friday night is recited standing. The Kiddush is drunk sitting down. 

How many Shabbat candles should one light?

Although, strictly speaking, only one candle is sufficient to light for Shabbat, the Shulhan Aruch (O.H. 263:1) says that there is a practice to light two candles, one alluding to Zachor (remembering Shabbat) and one alluding to Shamor (keeping Shabbat). The Magen Avraham (ibid:2) writes of customs to light seven candles, which allude to the days of the week, and even ten candles, to symbolize the Ten Commandments.  The Kaf Hahaim (ibid:10) also mentions the custom of lighting seven candles, but bases it on the teachings of Kaballah. Rabbi Yitzhak Palagi (Yafe Lalev, vol. II, § 3) says that Shlomo Hamelech’s Menora had ten branches, and since the root of his name is “peace”, it is appropriate to light ten Shabbat candles.

The common Moroccan custom is to light two Shabbat candles. Rabbi Mas’ud Abuhatzira, in his Piyut “Mizmor Shir Leyom Hashabbat,” mentions writes “Hova Shete Nerot Tadirim” (lit. “the obligation is to have to constant candles”).  According to Gematria, “Ner” has the value of 500, which equals the amount of limbs in a male (248) and the amount of limbs in a woman (252). 

The Rama (ibid.) writes that if a woman forgets to light the Shabbat candles, she must light three Shabbat candles for the rest of her life as a penalty.  Rabbi Ben Zion Abba Shaul (Or Lezion, ch. 18, § 12) and Rabbi Ovadia Yosef (Hazon Ovadia, vol. I, pg. 174) write that nowadays that there is electricity, this is no longer the case. One of the reasons that the Mitzvah of Shabbat candles was instituted was to provide light such that people to knock into each other in the dark and quarrel. Therefore, even if a woman forgets to light, there are other lights in the home that are on, which provide their own light. Furthermore, Rabbi Ovadia is lenient in imposing the penalty in cases where a woman wanted to light but was caught up in Shabbat preparations and missed the time, or in the case in which a woman eats in someone else’s home Nowadays, the penalty would only be applicable if a woman wantonly ignored the Mitzvah of Shabbat candles. 

Summary:  The Moroccan custom is to light two Shabbat candles. In most cases nowadays, a woman need not light an extra Shabbat candle as a penalty if she failed to light the candles previously. 

Can one skip Shir Hashirim?

May one study Torah in lieu of chanting Shir Hashrim?

Rabbi Israel Ya’akov Algazi (Hemdat Yamim) writes that it is a universal custom for Shir Hashirim to be recited before Shabbat. The Moroccan custom is for it to be recited between Minha and Kabbalat Shabbat. Rabbi Shalom Messas (Shemesh Umagen, vol. IV, Orah Haim, § 15:12) discusses a case in which a community prefers to have a Shir Hashirim between Minha and Kabbalat Shabbat, in which case he says that Shir Hashirim may be recited before Minha. If this is not practical, however, he writes that such a community could forego Shir Hashirim in deference to a Torah class. On the other hand, Rabbi Haim Kanievsky was asked about a similar case involving a Moroccan community, and he ruled that, because it’s spiritual loftiness, Shir Hashirim should be recited at its proper time. Rabbi Haim Binyamin Pontrimoli (Petah Hadevir, § 260:9) writes that one should not speak during Shir Hashirim, even in Hebrew, as it causes an interruption of the holy words.

Regarding the last stanza of Lecha Dodi, the Arizal (Sha’ar Hakavanot) writes that the source of turning to the west is in the Gemara (Shabbat 119a), which notes that Rabbi Hanina would go out to the fields to greet the Shabbat, which is compared to a queen. This idea is alluded to in the Piyut “Mizmor Shir Leyom Hashabbat” of Rabbi Mas’ud Abuhatzira when it says “Yetziat Shabbat Lehakbil Et Pene Shabbat Malketa”. Even though the custom is no longer to go out to greet Shabbat but rather to remain in the synagogue, Rabbi Moshe Feinstein (Igrot Moshe, vol. III, Orah Haim, § 45) based on the Pri Megadim (§ 262), writes that one should still turn to the west when reciting the last stanza of Lecha Dodi. He explains that Hashem’s Presence is to the west and therefore, even if the Hechal is not exactly to the east, one should not turn opposite the Hechal, but rather still to the west. It appears as though the original Moroccan custom was not to turn to the west during the last stanza, but over time, the universal custom has evolved to do so 

Summary: Shir Hashirim is recited between Minha and Kabbalat Shabbat, and it should not be skipped. One should turn to the west when reciting the last stanza of Lecha Dodi.

Hadlaka Osa Mitzvah: Ramifications

When is the Mitzvah of lighting accomplished?

The Gemara (Shabbat 22b) teaches the concept of “Hadlaka Osa Mitzvah”, that is, that the Mitzvah of the Hanukkah candles is accomplished during the lighting. As an example, the Rama (O.H. 671:6) rules that if one lit the Hanukkah at a height greater than twenty Amot, which normally invalidates the Mitzvah, and then subsequently lowered it to an acceptable height, one would not have fulfilled the Mitzvah of the Hanukkah candles. This is because at the time of lighting, the parameters of the Mitzvah were not all fulfilled, namely in this case, the proper height. 

Another ramification of this concept is that at the time of lighting, there needs to be sufficient oil or candle wax for the flame to burn at least thirty minutes. Therefore, if one were to light a Hanukkah that only had enough oil to burn for less than thirty minutes and then subsequently added more oil such that it could last at least thirty minutes, one would not have fulfilled the Mitzvah.  Conversely, if one were to light the Hanukkah and ensured there was enough oil to last thirty minutes, but the flames somehow extinguished prematurely, one would fulfil the Mitzvah. It should be noted that this only applies if the candles were extinguished in a way that could not have reasonably been foreseen. 

Another ramification involves the additional Mitzvah of publicizing of the miracle of Hanukkah. One example is if one were to light the Hanukkah near a window while the blinds were down and then later raised the blinds as the candles were burning. Although one would fulfill the Mitzvah of the Hanukkah candles and even publicizing the miracle for those inside the home, one would not have fulfilled the enhancement of publicizing the miracle to those on the outside. 

Rabbi Moshe Sternbuch (Teshuvot Vehanhagot, vol. II, § 342:8) writes a novel application of Hadlaka Osa Mitzvah in which one lights a candle with an exceptionally long wick. One does not fulfill this Mitzvah in this way because at the time of lighting, only the wick is burning and there is a delay until the oil or wax starts to burn. One would need to keep the match or lighter on the wick until the flame reaches the oil or wax in order to fulfill the Mitzvah.

Summary:  In order for one to accomplish the Mitzvah of the Hanukkah candles, all parameters of the Mitzvah must be fulfilled at the time of the lighting, and not afterwards. 

Where should one place the Hanukkah?

The Shulhan Aruch (O.H. 671:7), based on the Gemara (Shabbat 21a), rules that it is a Mitzvah to place the Hanukkah candles to the left of one’s entrance-way. In such a way, the Mezuza is on the right side of the door, the Menora is on the left and therefore when one lights, one is surrounded by Mitzvot. 
 
Rabbi Avraham Azoulay (gloss to Levush § 671) comments that in most years, Parashat Miketz is read during Hanukkah and that the word in the first verse “Shenatayim,” stands for “Semol Ner Tadlik Yemin Mezuza” (lit. “On the left light the candle, and to the right is the Mezuza”). Similarly, his great-grandson, the HIDA (Midbar Kedemot, Ma’arechet 8), writes that the word “Yamim”, which is also in the first verse of Miketz, alludes to “Yenichena Mitzad Yemin Hayotze” (lit. “One should place it (the Menora) to the right of one who is exiting [that is, opposite the Mezuza]”). Furthermore, the Kaf HaHaim (K.H., O.H. 671:58), quoting the Sheiltot DeRav Ahai, says that when one lights the Menora to the left of the Mezuza while donning a Tzitzit, one fulfils the verse (Kohelet 4:12), which says that a three-stranded cord is not easily broken. In this case, each Mitzvah represents one strand and together, they have great spiritual benefit. 
 
Nowadays, it is challenging to fulfill the Mitzvah of placing the Menora to the left of the entrance-way. For one thing, the main objective of placing the Menora at the entrance is for passersby to see it, which publicizes the miracle of Hanukkah. Since most home doors these days are not made of transparent glass, it would not accomplish this objective. As well, if one were to simply leave the door open, it would expose the Menora to wind, rain or snow, which could extinguish it. Therefore, if one cannot place the Menora at the entrance, one should place it near a window which faces the public domain so as to fulfill the Mitzvah of publicizing the miracle.  
 
Summary: The ideal way to fulfill the Mitzvah of the Hanukkah candles is to place the Menora to the left of the entrance’s Mezuza and that the candles will be visible to passersby outside. If this is not possible, one should place the Menora by a window which faces the public domain. 
 

What is considered a Hanukkah vessel?

The Gemara (Shabbat 23b) teaches that one who is careful regarding the lighting of the Hanukkah (in Morocco, the Menora/Hanukkiyah was known simply as “Hanukkah”), merits sons who will become Torah scholars. As such, the Rambam (Hilchot Hanukkah 4:12) writes that the mitzva of Hanuka is very dear and one should be exceedingly meticulous in lighting the Hanukkah. Rabbi Yitzhak Sagi-Nahor, the son of the Raavad, quoted by  Rabbi Avraham Azoulay (Hesed Le’Avraham, Ma’ayan 2, Nahar 58, sv. Besod Hadlakat Nerot Hanukkah) explain the Gemara’s statement as a quid pro quo; just as one is careful about all the details, laws and enhancements of lighting the Hanukkah, Hashem will give as a reward sons who will also be as diligent in all facets of the Torah.   

The Rama (O.H. 671:4) writes that the candles should be arranged in a row such that each light is discernible, rather than in a circular fashion in which all the candles contribute to the appearance of a bonfire. Furthermore, he says that one is permitted to use a candelabra in order to achieve this row-like appearance. The Mishna Berura (ibid:18), quoting the Elya Rabbah, specifies that each candle should be at least a fingerbreadth apart. 

Although strictly speaking one could simply melt a candle onto a surface and light it, Rabbi Avraham Azoulay (ibid.) recommends a stringency that each candle or wick should be placed in a vessel. According to Rabbi Avraham Bornstein (Avne Nezer, Orah Haim, § 500), one does not fulfil one’s obligation at all if one does not place the candles in a vessel because the Hanukkah lights should be reminiscent of the Menorah in the Bet Hamikdash, which itself was a vessel. One practical ramification of this ruling applies to the glass cups that many use to fill with oil and light.  Some cups are rounded at the bottom and are not able to stand on their own, while others have a flat surface and are able to stand on their own. In the laws of purity and impurity, something only attains that status of a vessel if it is able to stand on its own. Therefore, if one uses cups to light, one should attempt to use cups that are flat and sufficiently broad at the bottom. 

Summary: Ideally one should use a vessel, such as a Menora or individual cups, for the Mitzvah of the Hanukkah lights. If one uses cups, they should ideally be flat at the bottom such that they are able to stand on their own.

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