Daily Halachot Topics
In the current month of Elul, it behooves us to try and observe the Mitzvot more carefully and to be more cautious not to violate any transgressions. It is therefore worthwhile to clarify one area of Shabbat observance that many may are not be aware of. There are 39 acts that are prohibited, one of them being Mehatech, or cutting for a creative purpose. If someone were to rip open a potato chip bag, for example, this would be permitted because the cutting is destructive in nature and because one is not doing so for the sake of cutting, but rather to access the food inside. If one cuts paper for a constructive purpose, however, the Mishna Berura (O.H. 340:41) explains that one would be liable for both acts of Kore’a (tearing) and Mechatech. Thus, cutting aluminum foil or plastic wrap is not permitted on Shabbat, and certainly not cutting precise sizes or shapes so as to properly cover food. Summary: One may tear open bags or wrappers on Shabbat for the purpose of eating food. Tearing aluminum foil, plastic wrap and the like are not permitted on Shabbat. After the Kedusha of the Amida, the blessing of Da’at is recited. The Zohar (Pekude) explains that once one has sanctified oneself during the Kedusha, the first thing one asks for from Hashem is Da’at, the type of knowledge needed to discern between different things. Incidentally the special Havdala prayer is inserted here on Motzaei Shabbat, because it is this type of knowledge needed to distinguish between the holiness of Shabbat versus the weekdays. The HIDA (Birke Yosef, Siman 115) explains that the reason Da’at is the first thing one prays for in the Amida is based on the teaching in the Gemara (Berachot 33a) that one who is not graced with knowledge is not worthy of mercy. Therefore, we beseech Hashem for Da’at so that we may be worthy of His mercy, and by extension, we can ask Him for all our other requests in the following blessings. There are two versions of this blessing. The version originally accepted by the Moroccan community and recorded in Tefilat HaHodesh and the Avudraham, is “Honenu Meitecha De’a Bina VeHaskel”. Rabbi David Ovadia explains that certain parts of Morocco eventually accepted the other version of “Honenu Meitecha Hochma Bina VaDa’at”. According to the Arizal, the latter version alludes to one of Hashem’s Names, spelled Het-Bet-Vav. There is scriptural for both wordings of this blessing and therefore one can follow whichever version one is accustomed to. Summary: Both “De’a Bina VeHaskel” and “Hochma Bina VaDa’at” are acceptable versions of the blessing of Da’at. According to the Shulhan Aruch (Orah Haim 493:2), the custom is that haircuts and shaving are prohibited during the Omer, up until the 33rd or 34th days (see earlier Daily Halacha regarding on which day these become permitted). The Gemara (Yevamot 62b) describes this period as a time of mourning since Rabbi Akiva’s students died. Rabbi Itzhak Ben Oualid (Vayomer Itzhak, Orah Haim, Likute Dinim, §§ 2), quoting Rabbi Yishmael HaKohen (Zera Emet), says that if one needed to meet with a king it was customary to present oneself in a well-groomed manner. Since being unkempt would be considered below the dignity of a king or any pre-eminent person, it was the custom to be lenient and permit haircuts in such a situation. It follows that if there is no such custom in a certain locale or if that there is no pressing need to get a haircut, then it would not be permitted. Nevertheless, Rabbi Shlomo Auerbach (Ma’adane Shlomo) and Rabbi Moshe Feinstein (Igrot Moshe, Orah Haim, vo. IV, § 102) write that if one were to suffer a financial loss as a result of not being groomed, one would be permitted to shave. Rabbi Yosef Shalom Elyashiv (Hilchot Hag BeHag, Sefirat HaOmer, ch. 7, note 65), on the other hand, says that even in the case of financial loss, one is should avoid shaving during this period. If one is faced with a situation where it is vital to shave, then it is preferable to shave on Friday. This is based on Rabbi Yehuda Shmuel Ashkenazi (Bet Oved) who writes that there is a custom to shave on Fridays during the Omer in honor of Shabbat, and indeed this is the custom of the Yemenite community. According to Rabbi Yehoshua Maman (Emek Yehoshua, vol. VI, ch. 33) the Moroccan custom with respect to shaving every Friday is to be strict and not permit it. Furthermore, when Lag Ba’Omer falls on a Sunday, those who follow the custom of taking haircuts on the 33rd day, may have one’s hair cut on the preceding Friday, as will occur this year (5777/2017). The Rama (ibid.) and Rabbi Yosef Benaim (Noheg Behochma, p.49) state that the honor of Shabbat takes precedence over the mourning of the Omer, specifically in anticipation of Lag BaOmer. Regarding women, Rabbi Ben Zion Abba Shaul (Or LeZion, vol. III, ch. 17, § 3) says that the stringency of mourning of the Omer period is comparable to that of the Shloshim period, the thirty days after a relative passes away (h’v). Just as women are not forbidden from getting a haircut during the Shloshim, they are not forbidden from doing so during the Omer. The same is true for trimming one’s eyebrows and other types of grooming. Additionally, Rabbi Itzhak ibn Denan (LeItzhak Re’ah, Likute Orah Haim) writes that the Moroccan custom is to permit cutting one’s nails, whether an man or a woman, during the Omer. The Mishna Berura (O.H. 493:1) does permit getting married during the Omer for one who is remarrying a divorcee since it is considered a lesser joy than an initial wedding. It should be noted that it is considered a Mitzvah to remarry one’s divorcee, so long as she had not remarried another man after the initial divorce and that the one is not a Kohen. Nevertheless, Rabbi Itzhak Ben Oualid (Vayomer Itzhak, Likute Dinim, Orah Haim, Dinei HaOmer) writes that even an elderly widow would not be permitted to marry during the Omer, even though it is also not considered especially joyous. He explains that if this were to be permitted, it would create a slippery slope situation in which other cases would be permitted and the original prohibition would be lost. Regarding attending weddings during the Omer period, Rabbi Shalom Messas (Shemesh Umagen, Orah Haim, § 68) rules leniently if it occurs on a day in which other communities permit weddings. For example, some Ashkenazic communities permit weddings up to and including Rosh Hosdesh Iyar, and thus a Sephardic person would be permitted to attend. Similarly, if one’s custom is to wait until the 34th day to suspend all mourning activities, one would be permitted to attend a wedding on the 33rd day if needed. Our Sages enacted that Hallel should be recited on several days throughout the year. In addition to these mandatory days the Gemara (Ta’anit 28b) explains that saying Hallel on Rosh Hodesh is a Minhag and is therefore recited in an abridged format. The rabbis debate whether the abridged Hallel of Rosh Hodesh warrants a blessing and there are three principal approaches to this question. Rabenu Tam explains that even a custom warrants a blessing, and he rules the Hallel of Rosh Hodesh should be recited, whether one prays in a Minyan or alone. The Rambam rules that a blessing should never be said over the abridged Hallel of Rosh Hodesh as it is simply a Minhag. Finally, the Rif takes an intermediate stance by saying that a blessing should be recited only in a Minyan, but not by an individual praying alone. The Bet Yosef quotes the Ran who testifies that the practice in Spain was to follow the opinion of the Rif. Rabbi David Ovadia says that a blessing should be said whether or alone or with a Minyan, like Rabenu Tam, although most Sephardic communities also follow the Rif’s approach. Although it is unclear what the Bet Yosef himself practiced, he mentioned that the custom in Israel was to never recite a blessing on Hallel of Rosh Hodesh, and indeed this is the custom of Sephardic communities from Syria, Iraq, etc. Finally, the Moroccan custom is to recite a blessing over the Hallel on Hallel, but only in the a Minyan, as per the Rif. Furthermore, Moroccans recite the blessing “Ligmor Et HaHallel” when the complete Hallel is said, and “Likro Et HaHallel” when the abridged Hallel is said. Summary: The Moroccan custom is recite a blessing on Hallel of Rosh Hodesh, specifically “Likro Et HaHallel”. Normally on Rosh Hodesh, the Shaliah Tzibbur recites the blessing for the Hallel on the congregation’s behalf and has the intention to acquit the congregants off their obligation. Rabbi Shalom Messas (Tevuot Shamesh § 68) discusses whether an an individual may make a blessing for oneself, if it causes one to pray with more inspiration, for example, and rules that this would constitute an unnecessary blessing. Rabbi Machlouf Abuhatzira (Yetze Sha’a § 14) writes that if the Shaliah Tzibbur is more distinguished than the individual, then the former should make the blessing, otherwise one may make one’s own blessing, and Rabbi Shalom Messas agrees with this stipulation. Furthermore, the Meiri notes that even if one follows the opinion of the Rif (only the Shaliah Tzibbur makes a blessing) and arrived at the synagogue while the congregation was already saying Hallel, one may make a blessing individually. Regarding the concluding blessing of the Hallel, “Yehalelucha”, Rabbi Shalom Messas rules that similar to the opening blessing, an individual who missed hearing it from the Shaliah Tzibbur may recite in oneself. Summary: One may recite the opening and closing blessings of the Hallel on Rosh Hodesh individually, so long as one is praying with a Minyan. To properly answer this question, let us examine, in what context Purim is taking place. Roughly seventy years have passed after the First Beit Hamikdash was destroyed and the first time in history that the Jewish people as a collective nation found themselves in exile from the time they entered Eretz Yisrael. Indeed this was a very depressing time. Part of their depression was the existential question they were grappling with: Will Hashem’s Shechinah stay with us even in Exile? The Rama (Orah Haim 692:4) writes that one is not permitted to eat prior to hearing the Megillah, even if one is very hungry from the fast of Ta’anit Esther. By eating, one may become occupied with other affairs and may forget to hear the Megillah. The Magen Avraham (692:7) compares this to the prohibition on eating before other Mitzvot and in those cases, the restriction is only on a meal of aKabetza or more. However, regarding amounts less than this, or foods that do not comprise a Halachic “meal”, such as fruit, one would be permitted to eat. Nevertheless, the Magen Avraham rules stringently and says that even tasting a small amount of food is not permitted before hearing the Megillah. Rabbi Ben Zion Abba Shaul (Or LeZion vol. 4, ch. 54) rules like the Magen Avraham, but says that in a case of great need, one would be able to taste some food prior to the Megillah. Rav Ovadia Yosef (Yabia Omer, vol. 9, § 67) says that anyone is permitted to eat so long as it is not a Halchically-fixed meal, that is, a Kabetza(roughly 56g) or more of bread or other grain products. There are situations in which the Megillah is read much later than Tzet HoKochavim and fasting past that time may prove quite burdensome. In such a case on can rely on the Aruch HaShulhan (652:5), who says in regards to theMitzvah of Lulav, one is permitted to drink water or a hot beverage. The Mishna Berura (692:16) offers another solution, which is to appoint a Shomer, or a person who will ensure that one is reminded about the Megillah. Although the Mishna Berura refers to someone who is weak or sickly, Rabbi Yosef Sonenfeld (Shalmat Haim) says that even a healthy person could appoint a Shomer, as long as it is in the case of the Megillah being read at a late hour. Summary: One is not permitted to eat before hearing the Megillah when it is read right at nightfall. There are leniencies for the infirm or if the Megillah is read later in the night. Summary: The Moroccan custom is for the person reading the Megillah to stand for the blessings, while the congregants sit. There is a biblical commandment to remember what Amalek did to the Jewish people and this is fulfilled by reading Parashat Zachor. In fact, unlike the Torah readings of Shabbat, holidays, etc., which are rabbinically mandated, there is a Torah obligation to hear Parashat Zachor (and some say, Parashat Para as well). The Shulhan Aruch (Orah Haim 685:7) adds that if one does not live near a synagogue, one should make a special effort to listen to the Torah on Shabbat Zachor. Parashat Zachor is read on the Shabbat that precedes Purim since Haman was a descendant of Amalek.May One Tear Glad Wrap On Shabbat?
Which Version of Honen HaDa’at is Correct?
Sefirat HaOmer: Shaving
Summary: Under extenuating circumstances, one may shave during the Omer, but should preferably do so on Friday. Women may have haircuts during the Omer. Nail-cutting is permitted during the Omer. If Lag BaOmer falls on Sunday, like this year (5777/2017), those who have the custom to shave on the 33rd day may do so on the preceding Friday.Sefirat HaOmer: Attending a Wedding
Summary: Weddings are generally forbidden during the Omer. One may attend a wedding during this period if it occurs on a day in which other communities permit it.Should Hallel be Recited on Rosh Hodesh?
May One Make One’s Own Blessing on Hallel?
The Significance of Purim
Eating Before the Megillah
How Are the Megillah’s Blessings Recited?
The Magen Avraham (O.H. 8:2) points out that whenever a blessing over aMitzvah is recited (“Asher Kideshanu Bemitzvotav Vetzivanu”), it is done so standing up. However, he has difficulty with the blessing that women recite overHala since the Mishna (Hala 2:3) explains that it is done sitting down. The Vilna Gaon reconciles this by saying that a blessing over any Mitzvah which could be performed while sitting could also be recited whilst sitting. Regarding the reading of the Megillah, the Shulhan Aruch (Orah Haim 690:1) rules that it may be read sitting and therefore, according to the Vilna Gaon’s explanation, its blessings could be said while sitting also.
Who is Obligated in Parashat Zachor?
Regarding a woman’s obligation to hear Parashat Zachor, Sefer HaHinuch explains that since women are not obligated to go out to war and would not be involved in wiping out Amalek, they are exempt from this Mitzvah. This is also the opinion of most rabbis and the custom in Morocco was that woman did not go to the synagogue to specifically hear Parashat Zachor. As well, since there is doubt as to a woman’s obligation, the Torah should not be taken out especially for a group of women. Nevertheless, the Kaf HaHaim (Orah Haim 685:30) says that although women are exempt, they may read Parshat Zachor for themselves from aHumash.
Ideally one should hear Parashat Zachor from someone who reads it in the pronunciation to which one is accustomed, such as Sephardic, Ashkenazic or Yemenite. Furthermore, Rabbi Ben Zion Abba Shaul (Or LeZion vol. 4) says that one should hear Parashat Zachor from a Torah that is written according to one’s tradition, since there are differences in script between the Torah scrolls of different communities. Nonetheless, if one hears this Torah portion from someone who reads it in a different tradition or from a different community’s Sefer Torah, one still fulfills one’s obligation.
Summary: Listening to Parashat Zachor is a biblical commandment and one should listen to it in the style of one’s tradition. Women are exempt from listening to Parashat Zachor.
Sign up for the Daily Moroccan Halachot Email
