Halachot in the tradition of our Chachamim from Morocco
Dozens of Audio & Video Shiurim by Rabbi Mordechai Lebhar
Hilula of Moroccan Tzadikim
Sefarim based on our Morrocan Minhagim
Monthly Sponsor: Available
Weekly Sponsor: Available
Sponsor of the Day: Available
Magen Avot - Daily Halacha
Click here to purchase
Daily Moroccan Halachot
Rabbi Mordechai Lebhar, author Magen Avot
Redacted by Dr. Emile Amzallag
DAILY HALACHOT PODCAST 
ON APPLE 
ON SPOTIFY
Daily Halachot Topics
The Shulhan Aruch writes (Orah Haim 28; listen to audio recording for precise citation) that one is required to touch his Tefillin “at every moment” while he wears them, so that his mind will not be distracted from them. The Mishna Berura (commentary by Rav Yisrael Kagan, 1839-1933) clarifies that this refers to every time when a person mentions the Tefillin in the prayer service. In the Shema recitation, for example, when one recites “U’kshartam Le’ot Al Yadecha,” which refers to the Tefillin Shel Yad, he should touch the Tefillin Shel Yad, and when he recites the next phrase – “Ve’hayu Le’totafot Ben Enecha” – which refers to the Tefillin Shel Rosh, he should touch the Tefillin Shel Rosh. The Shulhan Aruch emphasizes that whenever one touches his Tefillin, he should first touch the Tefillin Shel Yad, and then the Tefillin Shel Rosh. The Mishna Berura explains that this Halacha is based on the principle of “En Ma’abirin Al Ha’misvot,” which means that one must never skip over the opportunity to perform a Misva. Since one’s hand in its normal position is closer to the Tefillin Shel Yad than to the Tefillin Shel Rosh, one must first touch the Shel Yad, for otherwise he will be “skipping” the Shel Yad to touch the Shel Rosh. The Mishna Berura comments further than besides serving to keep one’s mind focused on the Tefillin, occasionally touching the Tefillin is important as a means of checking to ensure that it is positioned properly. If one feels the Tefillin Shel Yad or Tefillin Shel Rosh and notices that it has shifted from its proper location, he must immediately return the Tefillin to its correct spot. If one notices that both the Shel Yad and the Shel Rosh are out of position, then he should first return the Shel Yad to its place, and then the Shel Rosh. The Torah (in the aforementioned verse in the Shema section) first mentions the Shel Yad before the Shel Rosh, indicating that one must place the Shel Yad before donning the Shel Rosh. By the same token, then, if they are both out of position, one should first move the Shel Yad and then the Shel Rosh. When one removes his Tefillin, he should first remove the Shel Rosh before removing the Shel Yad. The Torah speaks of the Tefillin Shel Rosh in the plural form (“Totafot”), indicating that the Tefillin Shel Rosh is worn when both Tefillin are worn, meaning, when the Tefillin Shel Yad is also worn. Thus, one should avoid a situation where the Tefillin Shel Rosh is on his head but the Tefillin Shel Yad is not on his arm. For this reason, one must remove the Shel Rosh before removing the Shel Yad. One should stand while removing the Tefillin Shel Rosh. The Mishna Berura writes that it is proper to remove the Tefillin Shel Rosh with one’s weaker hand. A right-handed person should thus remove the Tefillin Shel Rosh with his left hand, and a left-handed person should remove his Tefillin Shel Rosh with his right hand. The reason for this practice is to demonstrate that we are not enthusiastic about removing our Tefillin, and we therefore do so with our weaker hand, which moves with less strength and vigor. Whenever one handles his Tefillin, he should hold it with both hands, carefully and delicately, the way one holds an infant. He should hold the Bayit (box of the Tefillin) with one hand, and the straps with the other, so that they don’t dangle. This is the proper way to hold the Tefillin as an expression of honor and reverence. Likewise, while removing the Tefillin Shel Rosh, one should use one hand to remove the Bayit (a right-handed uses his left hand, as discussed above) and the other to hold the straps. Similarly, when one removes the Tefillin from their bag, he should remove them with both hands, and not allow the straps to drag or dangle. The Mishna Berura records a custom to kiss the Tefillin both when putting them on and when removing them. Furthermore, the Mishna Berura writes, one should not wrap the Tefillin straps on the Bayit; he should instead wrap them on the Titura (the base of the Tefillin). However, this Halacha is not generally applicable nowadays, since we commonly keep the Tefillin in a protective plastic box, and it is certainly permissible to wrap the Tefillin straps on the box. The Mishna Berura also records a custom to wrap the Tefillin in the shape of wings, to commemorate the incident recorded in the Gemara where a man’s Tefillinmiraculously turned into dove’s wings. Summary: It is proper to touch one’s Tefillin at various points in the prayer service; one should first touch the Tefillin Shel Yad, followed by the Shel Rosh. The TefillinShel Yad is always put on before the Tefillin Shel Rosh, and the Tefillin Shel Rosh is always removed before the Tefillin Shel Yad. It is proper to use one’s weaker hand when removing the Tefillin Shel Rosh. In general, whenever one handles his Tefilin, he should hold them delicately, with two hands, and ensure that the straps do not drag on the floor or dangle in the air. Regarding Yom Tov, the Torah states (Shemot 12:16) that although labor is forbidden, those acts which are involved in preparing food are permitted. The Gemara learns from this verse that not only is food preparation allowed, but also other acts from which one derives pleasure. The Ba’al HaTanya (Shuhan Aruch Harav) explains that the Torah used the example of food since this is the quintessential form of pleasure, but that anything else which is universally accepted as pleasure is also permitted. As such, even though using fire is normally a biblically-proscribed act, since it is used in the preparation of food, it is permitted on Yom Tov. Therefore, strictly from the Torah’s point of view, lighting a fire on Yom Tov would theoretically be permitted. Nevertheless, our Sages instituted a prohibition against starting a fire (“Nolad”), since this may lead to one using the flame for something that could have been prepared before the holiday, or for other uses which are not permitted on the holiday. Lighting a flame anew is never permitted on Yom Tov even if it is for a pleasurable act, although one is permitted to light from an existing flame and to transfer it elsewhere, or to increase an existing flame. One practical application of this law is the use use of hot water on Yom Tov. Many homes have a boiler which heats up water, and when hot water is used, it draws in more water and heats it up for future use. Since the boiler works continuously, hot water may be used on Yom Tov for an accepted pleasure or benefit, such as washing dishes. However, some homes nowadays use what are known as tank-less heaters. This works by starting a flame or element as soon as the hot water faucet is turned on, which heats up a reservoir of water, and within a short period of time, hot water comes out of the tap. This is advantageous because it is energy efficient, but since turning on the hot water faucet necessarily entails the act ofNolad, it would not be permitted on Yom Tov. If an accessory could be attached which sporadically turns on the element to heat the water and that one’s turning on the faucet is not directly responsible for the hot water which flows out, then it would be permitted. Furthermore, when one needs hot water for a Yom Tov use, it would be permissible to ask a non-Jew to turn on a the hot water faucet of a tankless heater system. This is because Nolad and asking a non-Jew to perform a forbidden act are both Rabbinically-instituted prohibitions, and we do not compound such prohibitions. Summary: One may use hot water on Yom Tov for accepted purposes like washing dishes or washing one’s face. One may not use a tank-less heater system on Yom Tov. There is a widespread Jewish custom known as Kaparot, in which chickens are raised above one’s head and a prayer is recited. The idea is that if one is deserving of harsh punishment, that it should be transferred to the chicken instead, which is then slaughtered. Kaparot are performed between Rosh Hashana and Yom Kippur, and the Arizal (Sha’ar HaKavanot) writes that the ideal time is to do it on the eve of Yom Kippur before daybreak. Interestingly, the Shulhan Aruch (O.H. 605:1) says that this custom should be abandoned as it may have idolatrous roots, yet it is still a widely accepted custom. It is written that if the cost of providing one chicken per household member is prohibitive, one may purchase one for the male members and one for the female members. In Sefrou, Morocco, due to the high number of chickens being slaughtered for the Kaparot, there were questions raised about the Halachic validity of the slaughter. As such, the rabbis of that city decreed that each family was entitled to only one male and one female bird. Furthermore, if one does not have access to chickens, one may recite the Kaparot prayer over money and then give it to charity. Today, the 8th of Tishre, corresponds to the Sefira of Hod, beauty or illumination. All one’s endeavors should be done to add light and positivity in the world. Summary: One may rely on using one hen for all female family members and one rooster for all males. If one cannot use chickens one may use money for Kaparot. According to the Torah, one who makes a vow is obligated to fulfil it. Nevertheless, there exists a mechanism by which a vow may be nullified before a panel of rabbis, and this is called Hatarat Nedarim. Nowadays, one can perform Hatarat Nedarim with one’s fellows and a special nullification declaration is recited. Some communities perform this on the eve of Rosh Hashana so that one may enter the new year free of any unfulfilled vows. Other communites do this before Rosh Hashana and Yom Kippur, while others do it every Friday before Shabbat as an extra measure of piety. The Moroccan custom is to do Hatarat Nedarim, customarily at the synagogue, on the eve of Rosh Hashana only. Men and women above the ages of 13 and 12, respectively, are obligated in Hatarat Nedarim. Regarding females, the Torah explains that a married woman’s nullification is covered by that of her husband and she may appoint him her agent for this matter. An unmarried woman may come to the synagogue and perform Hatarat Nedarim while in the ladies’ section and this was the practice in Morocco. Summary: The Moroccan custom is for both men and women to do Hatarat Nedarimon the eve of Rosh Hashana. Summary: The Moroccan custom is to refrain from bathing during the Nine Days. There is room to be lenient if one bathes with lukewarm water to remove uncleanliness from one’s body, even in the week of Tisha Be’Av. During Shavua Shehal Bo, it is forbidden to do laundry, wear laundered clothing and shave. In certain years such as this one (5776) there is no Shavua Shehal Bo and those activities would be permitted, but the custom is to still refrain from shaving or getting a haircut. The Moroccan custom is to refrain from shaving as of Rosh Hodesh Av. The Shulhan Aruch (Orah Haim 551:2) rules that one may not wed during the Nine Days, however one may get engaged without a festive meal. Although a Seuda is not permitted for an engagement, one may have simple refreshments as are common in what is called a “LeHaim” or “Vort”. Festive meals are not permitted during the Nine Days in and of themselves, however if they are associated with a Mitzvah, they are permitted. As such, if a boy turns thirteen during the Nine Days, a Seuda may be held in honor of his accepting the yoke of Torah and commandments on his Bar Mitzvah. Conversely, holding a festive meal to dedicate a new home (“Hanukat Bait”) is not permitted during the Nine Days since the dedication itself is not appropriate during this time. Another common type of festive meal associated with a Mitzvah which is permitted is a Siyum, the completion of a section of the Talmud. One who invested significant time and effort to complete a tractate of the Talmud may hold a festive meal with meat and wine during the Nine Days and the invitees who came to rejoice with him may partake of this meal as well. This leniency has created a situation in which restaurants and the like offer daily or hourlySiyumim so that meat could be served in their establishments. This is clearly not in the spirit of the law nor is it appropriate given the mournful nature of this period. Indeed, Rabbi Ben Zion Abba Shaul (Or LeTzion vol. 3, 26:5) questions the propriety of partaking of such a meal by people who are not connected to the person that is holding the Siyum. Furthermore, he mentions that once one has ten participants for the Siyum, one should not invite more people. Therefore it is questionable if such a meal is considered a Seudat Mitzvah for someone who is not connected to the Siyum (such as family or a study partner) and as such eating meat might not be permitted. Summary: Festive meals not associated with a Mitzvah are not permitted during the Nine Days. Ben HaMetzarim refers to the period between the Seventeenth of Tammuz andTisha Be’Av and is commonly known in English as the “Three Weeks”. Halachically speaking, there are several levels of increasing stringency: 1. The Three Weeks, 2. The “Nine Days” from Rosh Hodesh Av to Tisha Be’av, 3. The week in which Tisha Be’av falls, 4. The eve of Tisha Be’Av and 5. Tisha Be’Av itself. The Shulhan Aruch (Orah Haim 551:18) says that during the Three Weeks one should be careful not to go out alone between the fourth and ninth hours of the day because of certain demonic forces that are present at that time. It is rare for people to follow this practice nowadays and the Kovetz Halachot suggests that this is because demons are not as common as they used to be. Furthermore, the Vilna Gaon explained that after a certain Jew was killed sanctifying Hashem’sName, these evil forces were nullified. Even though we are lenient regarding this practice, we should be cognizant of the idea that these few weeks are considered to be more dangerous than usual. One area of practical application is swimming during the Three Weeks. Rabbi Ben Zion Abba Shaul (Or Letzion, vol. 3, 25:5) permits swimming during Ben HaMetzarim in a pool or at the beach because these are not considered to be especially dangerous places. Going to the ocean or a turbulent sea may is not advisable, however. It should be noted that during the week of Tisha Be’Av, and some say the entire Nine Days, swimming is similar to bathing, which has certain restrictions. Since the Three Weeks is an inherently dangerous period for the Jewish people and there is a question regarding the propriety of flying during this time. The Kovetz Halachot rules that since flying is no more dangerous than other activities, it is permitted in the Three Weeks, the Nine Days included. Parenthetically, using the same reasoning, he holds that flying does not warrant reciting Birkat HaGomel. Halichot Shlomo suggests that it is preferable not to fly during the period of Nine Days itself. Based on these opinions it would appear that traveling during the Nine Days, and certainly the Three Weeks, is permissible for the sake of a Mitzvah or another important purpose. Even visiting family or friends could be considered a Mitzvah as it is Mekabel P’nei Havero (greeting one’s fellow). For leisure, although not outright prohibited, it is advisable to limit travelling during the Nine Days. Interestingly, the community of Rabbi Haim Palagi enacted a prohibition on all travel during the entire period of Ben HaMetzarim. Summary: Swimming and taking an airplane during the Three Weeks is permitted. It is preferable not to travel during the Nine Days unless it is for an important purpose or Mitzvah. Touching the Tefillin While Wearing Them; the Procedure for Repositioning, Removing and Handling Tef
Tefillin at Night
Can a Sephardi Wear Askenazi Tefillin?
May One Use Hot Water on Yom Tov?
What May One Use for Kaparot?
Who is Obligated in Hatarat Nedarim?
The Nines Days and the Week of Tisha Be’Av
It would appear that this is a challenging restriction as people nowadays are accustomed to showering daily, especially in the hot summer weather. Therefore, a distinction is made between bathing for pleasure, such as in hot water, and bathing to remove dirt and other uncleanliness. It should be noted that even on Yom Kippur, washing off dirt is permitted. As such, many rabbis are lenient regarding bathing in lukewarm water as it does not involve the same level of pleasure as hot water. Furthermore, although soap used to be considered a pleasurable accessory to bathing (Levush, ibid.), Rabbi Shmuel Kamenetzky (Kovetz Halachot), Rabbi Moshe Feinstein (Shmatata d’Moshe) and others permit soap since it is used to clean off dirt.
* * *Within the Nine Days is the week in which Tisha Be’Av falls (“Shavua Shehal Bo [Tisha Be’Av]”) which has a greater level of stringency, such as restrictions on laundry or shaving. As an example, if Tisha Be’Av were to fall on a Tuesday, then Shavua Shehal Bo would begin two days earlier, on Sunday the 7th of Av. This year (5776/2016) presents an interesting case as the 9th of Av is onShabbat and therefore the fast is pushed off till the following day. In such a case, the Shulhan Aruch (Orah Haim 551:4) rules in accordance with the Yerushalmi (Ta’anit) that there is no Shavua Shehal Bo. Rav Ovadia Yosef (Yehve Da’at, vol. 3, § 39; Hazon Ovadia pg. 223), Rabbi Ben Zion Abba Shaul (Or LeTzion, vol. 3, 27:6) and the Ben Ish Hai (Parashat Devarim) all agree that in such a year there would be no week of Tisha Be’Av, but mention that although laundry would be permitted, one should refrain from shaving or getting a haircut. It should be pointed out that the Moroccan custom is to refrain from shaving for the whole Nine Days, and some even stop shaving as of the Seventeenth of Tammuz.
Festive Meals in the 9 Days
Pregnant or Nursing Women and Tisha Be’Av Nidhe
Nonetheless, if a woman has weakness or discomfort that is beyond what is to be normally expected during pregnancy, she would be exempt. As well, since Havdala will not be recited until Sunday night this year (5776), in theory one is not allowed to eat until that time. However, a pregnant or nursing woman may drink juice or the like even if Havdalawas not recited if she has any sort of discomfort. Even a pregnant or nursing woman who feels fine but is concerned that fasting may cause issues can drink, but it should it be consumed only in minimal amounts (less than a Revi’it and spaced in nine-minute intervals).Flying and Swimming During Ben HaMetzarim
Sign up for the Daily Moroccan Halachot Email
