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Daily Moroccan Halachot
Rabbi Mordechai Lebhar, author Magen Avot
Redacted by Dr. Emile Amzallag
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The third Rabbinic restriction (the first two being Shehiya and Hazara) regarding cooking on Shabbat is called Hatmana, or insulating food. One category of insulation is a material which acts endothermically, that is, the more heat that is supplied to it, the more heat it produces itself. This is known as Davar Hamosif Hevel. The classic example of an endothermic insulating material in the Gemara is olive pits. The Rabbis forbade insulating food with such material, even if it is done before Shabbat, lest one stoke the source from which the insulating material is deriving its heat. It appears that nowadays, the crockpot would be a modern-day example of an endothermic insulating vessel and according to the ruling of the Rabbis, should be forbidden to use on Shabbat. Indeed, Rabbi Shlomo Zalman Aurerbach, in his last ever responsum, writes that crockpots are forbidden specifically for this reason, and although the top of the crockpot is revealed, nevertheless, the majority of the crockpot is covered.. Nevertheless, Rabbi Ovadia Yosef (Hazon Ovadia, vol. I, pg. 64) rules leniently and gives two reasons. Firstly, he relies on an opinion cited by the Rishonim who say that the restriction on Davar Hamosif Hevel only applies if the food contained within will be eaten at night, not the following day. Furthurmore, one can combine the opinion of the Rama that Hatmana is only applicable when the pot is fully covered by insulating material. However, the crockpot is open on top, only to be covered by the cover of the pot, with no other insulating material. For those who wish to be more stringent, there are crockpots on the market which have a heating element on the bottom, similar to a heating plate, thus the rest of the crockpot is revealed. Others place empty tin cans under the crockpot in order to elevate the pot, thus causing the crockpot not to be fully covered. Another category of insulation is known as Matmana Mehamat Davar Aher, which means that the material is being heated by another source, not intrinsically. Although the Shulhan Aruch (258:8) considers this as an insulating agent that is forbidden from Erev Shabbat, nevertheless, the Ramban and other Rishonim write that such insulation is permitted. Indeed, the logstanding Sephardic custom was like the Ramban, and not like the ruling of the Shulchan Aruch. Therefore, the custom in Morocco and many Sephardic lands was to insulate pots of food by wrapping them in blankets. As such, Rabbi Moshe Berdugo (Devar Moshe, 64), Rabbi Ben Zion Abba Shaul (Or LeZion, vol. II, ch. 17,§10 ) Rabbi Ovadia Yosef (Yabia Omer, vol. VI, Orah Haim, § 33) and Rabbi Shalom Messas (Shemesh Umagen, vol. III, § 50) all write that one is permitted to wrap up pots in blankets and the like to insulate the food contained within. Summary: There is a Halachic basis to permit using crockpots on Shabbat. One may wrap pots of food to keep them insulated over Shabbat. The Shulhan Aruch (Orah Haim 253:4), based on Rabbenu Yonah, says that the practice of adding hot or boiling water from an insulated urn to to a cooked dish on Shabbat to prevent it from drying up should be protested. (Adding cold water, according to the Ashkenazic community and adding warm water, according to the Sephardic community is expressly forbidden). Rabbenu Yonah says that one reason for this stringency is because sometimes this water may have cooled down, and one may violate the prohibition of cooking on Shabbat. Another reason is that when one pours hot water from the urn, which is a primary vessel, the water leaving the walls of the urn is considered to have come from a secondary vessel and by contacting the hot food, the water becomes cooked. Regarding Rabbenu Yonah’s other reason, the Hazon Ish (§37:13) explains it as follows: When hot water is poured from a primary vessel into a secondary vessel, it Halachically loses its ability to cook something else (even though in actuality, the water is still very hot). This rule only applies to the water’s ability to cook, but when it comes to the water’s ability of being cooked, even though it is in a secondary vessel, it is considered Halachically as hot as when it was in the primary vessel. Therefore, if one were to pour water from a secondary vessel into Dafina, it would not be as though the water was being cooked, and as such it would be permitted. Rabbi Ben Zion Abba Shaul (Or LeZion, vol. II, ch. 17, § 8) concurs and says there is a Halachic basis to adding hot water to a cooked food which is on a heat source on Shabbat. Summary: The Moroccan custom is to permit adding boiling water to Dafina on Shabbat to prevent it from burning or to improve its consistency. As was discussed yesterday, there are a few customs regarding when Berich Sheme is recited. A question arises when one is praying in a synagogue where Berich Sheme is recited more ofthen than one’s own custom and whether one is permitted to recited along with them. To answer this question it is important to understand the nature of this prayer. Berich Sheme is a prayer in which one asks Hashem for many things including a long life, the ability to learn and understand the Torah, and for righteous children, among others. As such, Rabbi Ben Zion Mutzafi (Orhot Zion ch. 9, § 31) quotes the Ben Ish Hai (Shu”t Rav Pe’alim, vol. 3, Sod Yesharim § 8) that nothing is lost by reciting it more often than one is used to, such as when one is praying at another synagogue. If one wishes to be strict, one may say that one is reciting Berich Sheme “Bli Neder”, however this is beyond the letter of the law. Summary: If one is praying at a synagogue where Berich Sheme is recited more often than one is accustomed to, one may nevertheless recite it. As was discussed previously, the Arizal explains that two great spiritual lights emerge when the Torah is removed from the ark and when the Torah scroll is shown to the congregation. Some communities raise the Torah scroll and show it to the congregation after is carried to the Teva, while others, mainly Yerushalmim, walk with an open scroll from the Hechal to the Teva. It is assumed that this latter practice is done in order to benefit immediately from the second of these lights, rather than waiting to show the Torah at the Teva. Rabbi Yaakov Hagiz (Shu”t Hilchot Ketanot, vol. 2, § 255) clarifies, however, that this practice actually developed roughly 350 years ago in Jerusalem. In those days, the typical synagogue was small and not every congregant had room to stand inside and behold the Torah scroll when it was raised at the Teva. As such, it was opened while being carried in procession from the Hechal to the Teva, so that all congregants could see the words of that week’s Parasha. Indeed, the Arizal implies (Sha’ar HaKavanot 48c) that the proper practice is to carry the Torah to the Teva and then open it up to show the congregation, and this is when the second spiritual light emerges. This position is supported by Rabbi Yitzhak Barda (Shu”t Yitzhak Yeranen, vol. 4, § 27). The Moroccan custom and that of most communities follows the Arizal’s opinion. Summary: The Moroccan custom is that the Torah is opened and shown to the congregation only after it has been brought to the Teva. There are two main types of coverings for the Torah scroll in use today, an embroidered-usually velvet–covering, and a hard case. The latter is used most commonly in the Edot HaMizrah communities, but in recent generations has been used among Moroccans. The original Moroccan practice, however, is to use the velvet covering, just like is used among the Ashkenazim. Rabbi Meir Mazuz (Or Torah, Shana 35) explains that the proper type of covering can be learned from the Gemara (Megila 32a), which says that the scroll should not be rolled while in its covering, . Unlike a hard case, in which the scroll is permanently affixed, the velvet covering is removable and therefore allows the scroll to be rolled outside of its covering. This is also codified in the Shulhan Aruch (Orah Haim 147:6), which states that rolling the Torah scroll whilst in its covering is improper. The Ran also testifies that the custom in Spain prior to the Inquisition was to use a soft covering like those used today. In light of this, Rabbi Ben Zion Abba Shaul (Or LeZion vol. 2, § 45) questions how a hard case could be used at all. One explanation is that moderate rolling is permitted while the scroll is in its covering, but not extensive, multi-Parasha rolling. Furthermore, there is a well-known debate regarding the orientation of a Mezuza (Menahot 33a); Rashi says the it should be horizontal, while Rabbenu Tam says it should be vertical. One solution is a compromise between the two, and that is why some communities place the Mezuza diagonally. The same can be applied to the Torah scroll, which has similar laws as a Mezuza. Since the Moroccan custom is to place the Torah scroll on a slant while storing it in the Hechal, this is best achieved by covering it with a soft velvet covering. Conversely, a rigid Torah case is more appropriate for placing the Torah vertically. Rabbi Binyamin ben Matitya writes (Shu”t Binyamin Ze’ev § 163) that the honors that are given out at the time the Torah is read, such as raising it for the congregation to see or the different Aliyot, should never be a source of discord in the synagogue. He writes that it is the tendency of humble people to relinquish such honors, while those that he describes as “hungry”, try to grab them. He also bases his opinion on the Halacha that one may not answer “Amen” to someone who forcefully imposed oneself to be the Shaliah Tzibbur without the congregation’s approval. Similarly, it is unbecoming for a congregant to seek out one of the Mitzvot associated with the Torah reading. Furthermore, even if one was rightfully entitled to an Aliya, such as one observing a Yahrtzeit, but it was taken by someone else, the former should not quarrel with that person. One way to avoid such disharmony is the practice of auctioning off these honors, even on Shabbat. The Rama (Orah Haim 306:6) writes that there is an opinion that it is improper to auction off the Mitzvot on Shabbat since it has the appearance of a weekday transaction, and that even if such a sale does take place, the sale amounts should not be mentioned. Nevertheless, the Rama says that that the custom to be lenient in this matter. Indeed, Rabbi Baruch Toledano (Kitzur Shulhan Aruch, Hotza’at Sefer Torah, pg, 125) and Rabbi David Ovadia (Nahagu Ha’am, Hilchot Shabbat § 20) say that since the sale of Mitzvot is for the sake of charity and communal need, it is permitted do so on Shabbat. Summary: One should not quarrel over the Mitzvot associated with the Sefer Torah. Auctioning off these Mitzvot is permitted, even on Shabbat. There is a passage in the Torah (Shemot 15:22-27) which describes Bnei Israel’s three-day journey in the desert without finding any source of water. Since water is compared to Torah, the Sages learn from this that three days should not go by without a public reading of the Torah. As such, the Gemara (Bava Kama 82a) explains that Moshe Rabbenu and Ezra HaSofer enacted that the Torah should be read on Monday and Thursday, and on Shabbat Minha, respectively. Part of this enactment was that three people should be called up and that a minimum of three verses be read per person. As is well known, if present, a Kohen is given the privilege of the first Aliyah and the Levi the second. A situation arises when non-Kohanim need to be honored with first Aliyah, such as at a family celebration. Although the Kohen has the first right to the Aliyah, it is acceptable for him to forego this honor so that others may be called up to the Torah. The Rama (Orah Haim 135:1) says that a solution is to simply add supplementary Aliyot, such that the Kohen and the honorees may go up. Rabbi Yosef Benaim (Noheg BeHochma, pg.144) and Rabbi Moshe Toledano (HaShamaim Hadashim § 282) write that the Moroccan custom, however, is not to add Aliyot on the readings of Monday, Thursday or Shabbat Minha, but rather to ask the Kohen to temporarily step out of the sanctuary while the non-Kohanim are called up. This is not the case on Shabbat or the holidays, when it is common to add Mosifim, supplementary Aliyot. The HIDA (LeDavid Emet ch. 5) writes that one need not even ask the Kohen to step out, and that as long as he forwent his honor, he may stay in the sanctuary. Summary: If necessary, a Kohen may be asked to temporarily leave the sanctuary so that a non–Kohen may get a first Aliyah when the Torah is read on Monday, Thursday or Shabbat Minha. It is written in the Tosefta (Megila 3:13) that the Hazan should not commence his reading of the Torah until the congregants tell him to begin. From here it is learned that one may go up for an Aliya only when called up and not on one’s own. Furthermore, the Rama (Orah Haim 139:3) states that the custom is to summon congregants by name. The HIDA (LeDavid Emet § 5:30), however, notes that the custom in Israel was that congregants were not called up specifically by name. He explains that if one is called up and refuses the Aliya it is considered a slight on the Torah’s honor and such a person may even be cursed. In order to avoid such a situation, the HIDA says that it is preferable not to call up congregants by name, and indeed, there are communities that summon congregants by simply saying “Bechavod” (“With honor [please go up]”). Nevertheless, the Moroccan custom is to call up the person receiving the Aliya by name. The original custom was to use one’s name and last name, although some use the first name and the person’s father’s name. Rabbi Matzliah Mazuz (Shu”t Ish Matzliah vol. 3, pg. 428) writes that the well-rooted practice of calling up congregants by name existed even before the Spanish Inquisition, and Rabbi Israel Trunk (Yeshuot Malko § 12) explains that this custom has deep significance. Summary: The Moroccan custom is call people up to the Torah by their first and last names. The Yerushalmi (Megila 4:2) learns from the verse (Devarim 31:26) “Lakoah Et Sefer HaTorah Haze” (“Take this Torah”) that one should grasp onto the Sefer Torah while reciting its blessings, and this is codified in the Shulhan Aruch (Orah Haim 139:1). The Rama (ibid.) notes that another source for this is from Yehoshua bin Nun, of whom it says (Yehoshua 1:8) “Lo Yamush Sefer Haze Mipicha”, that the Torah shall never leave his mouth. Paranthetically, the continuation of this verse is also the source of the expressions associated with reading the Torah “Hazak Ve’Ematz”, “Hazak Ubaruch”, “Hazak Hazak Venithazek”, and in the Moroccan community, when one of the five books are completed, “Hizku Veametz Levavchem Kol Hameyahalim L’Hashem”. Practically speaking, this is accomplished by holding onto the handles of the Torah scroll or the case in which it is set. Another method is to hold onto the parchment itself, but since touching the parchment is forbidden (Megila 32a), an intervening cover or cloth is used. This is why, especially in the Moroccan community, the entire scroll is wrapped in an underlying cloth, so that one not make contact with the actual parchment. The Arizal (Pri Etz Haim, Keriat Sefer Torah, ch. 2) writes that while reciting the blessing, one should hold the Torah with both hands, and should remove one’s left hand after the blessing and during the reading of the Torah. This, he explains, is so that the Attribute of Mercy, represented by the right hand, overpowers the Attribute of Judgement. The Ben Ish Hai (Shana Alef, Toledot, § 18) and others concur with this approach. Summary: One should hold on to the Torah with both hands while reciting the blessing of the Torah, and should continue holding only with the right hand during the reading of the Torah. Rabbi Yehuda explains in the Gemara that while one recites the opening blessing of the Torah, one should close the scroll since it would appear as though one is reading the blessing from the Torah text. The Rambam explains that this is not a cause of concern, and the Shulhan Aruch (Orah Haim 139:4), following the Rambam, does not say that the scroll should be closed for the opening blessing, but only for the closing blessing. The Ran (Megila 32b) takes issue with making a difference between the first and last blessings. but the Bet Yosef explains that with the first blessing, closing the scroll is onerous on the congregation, whereas with last blessing it is more respectful to close the scroll between the different Olim. The Rama (ibid.) says that, although one does not close the Torah during the opening blessing, one should turn one’s head to the side so as not to appear to be reading the blessing from the Torah text. The Mishna Berura (O.H. 139:19) writes that turning away one’s head may appear like one is reciting a blessing on something other than the Torah, and therefore it is preferable to simply close one’s eyes. There are several customs regarding this practice. The Arizal says that the scroll should be closed for both blessings, and this is the practice of certain communities. When asked about the Moroccan custom, Rabbi Shalom Messas explained Torah scroll is not closed when reciting the opening blessing. Furthermore, he says that closing one’s eyes for the blessings is proper and this would be acceptable according to all opinions.Crockpots on Shabbat
Hatmana
Dafina: Adding Water
Adding Water to Dafina
One practical application of this is adding hot water from a hot water urn or a teapot into Dafina (also known as Hamin or Skhina, and is akin to Cholent) to improve its consistency. Rabbi Ovadia Yosef (Yehave Da’at, vol. II, § 22) rules like Rabbenu Yonah and says that one should not add hot water to one’s Dafina on Shabbat. Nevertheless, Rabbi Messod HaKohen (Pirhe Kehuna, § 33), Rabbi Yosef Messas (Mayim Haim, vol. I, § 152), Rabbi Shalom Messas (Tevuot Shamesh, Orah Haim, § 26) and Rabbi Moshe Malka (Mikve HaMayim, vol. III, § 42) all write that the Moroccan custom is to permit adding hot water to Dafina on Shabbat. If one examines the commentaries to Rabbenu Yonah’s opinion quoted in the Shulhan Aruch, namely the Magen Avraham, the Taz, the Mishna Berura, the Aruch HaShulhan and the Kaf HaHaim (all ibid.), the main concern to forbid adding hot water to cooked food is that at times one may use cold water. Rabbenu Yonah was referring to a situation in which one takes a kettle off a heat source and insulates it, and at times may come to use a kettle with cold water. Nowadays, however, one generally takes hot water from a heat source, such as a hot water urn or a an oven and immediately pours it into the Dafina. As such there is no concern of using water that is cold.Can One Recite Berich Sheme More Often?
Opening the Torah Scroll
Velvet vs. Case
Summary: The Moroccan custom is to cover the Torah scroll in a an embroidered velvet covering.Selling Aliyot
Israel Getting First Aliyah
How is One Called up to the Torah?
Holding the Torah
Closing the Torah During Birkot HaTorah
Summary: The Torah scroll is not closed for the opening blessing (“Asher Bahar Banu”), but one should preferably close one’s eyes while reciting the blessing. The Torah scroll should be closed for the closing blessing (“Asher Natan Lanu”).
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