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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
The Torah mentions the that one should take the “fruit of a beautiful tree” during Sukkot, and according to Oral Tradition, this refers to a citron, or Etrog. One issue that has arisen is that of grafted Etorgim; a reglar citron tree is delicate, requires much care and only bears fruit after several years. As such, some farmers grafted the Etorg tree with other fruit, such as lemons, and the resulting hybrid produced more fruit in less time. This grafted citron is known as Etrog Murkav and is Halachically invalid for use in the Arba Minim (Four Species). Citrons originating from Morocco have a longstanding tradition as being bona fide Etrogim, and this has been upheld by Rabbi Machluf Abuhatzira (Yafe Sha’a § 54) and Rabbi Baruch Toledano. Rabbi Haim David Hazan (Yishre Lev) of Izmir, basing himself on several North African rabbis, testified on the validity of Moroccan Etrogim, as did Rabbi Yaakov Ettlinger (Aruch LaNer, Tosefet Bikkurim, § 645). Furthermore, the Brisker Rav and Rav Elyashiv were careful to seek out Moroccan Etrogim for use on Sukkot. Since Moroccan Etrogim are known to be seedless, Rabbi Israel Harpness wrote that this may be a disqualifying property, however his opinion was rejected by numerous rabbis. Furthermore, citrons which have what is known in horticulture as a stigma, or Pitam in Hebrew, are known to be preferable for the Mitzvah of Arba Minim, and Moroccan Etrogim possess them. As well, since Israeli Etrogim this year (5776) may have a questionable status with regards to the laws of Shevi’it, there is a further advantage to using Moroccan Etrogim. Summary: Moroccan Etrogim have a strong and authentic tradition of being Halachically valid, and are known to be especially beautiful. P’ri ‘Etz Hadar The Passuk states[1]: “U’Lkahtem lachem bayom harishon p’ri ‘etz hadar” – “And thou shall take for yourselves, on this first day [the fifteenth of Tishri] a fruit of a tree of ‘Hadar’”. The Gemara in Sukkah[2] explains that the Torah is implying that we must use a species in which the taste of its bark and its fruit are the same – one of the characteristics of the Etrog (citron, or citrus medica). Another identifying feature the Gemara derives from this Passuk is that it “lives on the water year-round”, which the HazonIsh[3] explains to mean, that it requires additional irrigation in order to grow, and cannot solely rely on rainwater. This condition is also met with the Etrog species. Although we have a basic tradition as to which fruit the Talmud is referring to, defining the boundaries of this species is shrouded in ambiguity. The Talmud does not indicate which variations or subspecies of the Etrog are still considered to be of the same species. Furthermore, citrus fruits are almost always grafted with one another to achieve certain benefits (sweetness, sourness, color, durability etc.). The Talmud does not discuss whether a mixed-breed Etrog (i.e. one that is grafted with a lemon) is considered a viableEtrog or not. A Pure Breed The Levush[4] writes that one may not use a grafted Etrog to fulfill his obligation, as it was created through an Averah (grafting fruit trees is forbidden as a form ofKil’ayim), and is therefore unacceptable before Hashem. This logic implies that there is no intrinsic problem with a grafted Etrog, only that it was achieved through in Averah.Accordingly, if we maintain that there is no prohibition to graft similar citrus fruits – a possibility that the Hazon Ish entertains[5] – an Etrog grafted with a lemon would pose no issue. However, the Aharonim do not follow the opinion of the Levush. The Hazon Ish writes that in order for a fruit to be considered an authentic Etrog we must have a tradition that that specific variety is an Etrog – something which a grafted Etrog lacks. The Mishna Berura[6] and Hacham Ben-Tziyon Abba Shaul זצ”ל[7] also write that a grafted Etrog is not considered an Etrog whatsoever, since it is mixed with other species. It is important to note, that grafting Etrog trees with lemon or bitter orange (chushchash) trees is a very lucrative proposition. The Etrog tree is extremely delicate and generally only produces proper fruit for around six years. Combining it with stronger breeds can triple the Etrog tree’s lifespan. [Some have claimed that grafting Etrogim withchushchash would be acceptable; that would only be possible if we were to classify the chushchash as a bone-fide Etrog.] Keeping it Real The question now becomes how to verify that an Etrog was not grafted somewhere up its lineage. This question was posed to the Rama in his Teshuvot[8], and, in his response, he cites the Maharam Padua who writes that there are three identifying features that can help us tell apart a grafted Etrog from the real thing: 1. A grafted Etrog is smooth, whereas a real Etrog has bumps. 2. The stem of the grafted Etrog sticks out while a real Etrog’s stem is sunken in. 3. A grafted Etrog is very juicy and has a thin rind, whereas the real Etrog does not have much juice and has a thick rind. Additionally, the Olat Shabbat writes that one can check the position of the seeds. The seeds of a real Etrog will be in a vertical position, whereas the seeds of a graftedEtrog will be in a horizontal position. Regarding this identifying feature, the Bikkure Ya’akov, cited in the Mishna Berura, writes that he has personally checked many Etorgimand can attest that the position of the seed should not be a definite indicator. Let us now examine the various types of Etrogim that are commonly used and the source of their tradition. The Moroccan Moroccan Etrogim have a very strong Mesorah and have been used for generations. The Yishre Lev (the Rishon L’Tziyon, Ribbi Hayim David Hazan from Izmir, 1790-1869) cites three of the greatest Hachamim of Morocco who testified that the tradition of the Moroccan Etrogim is undisputable and that they were the type that everyone used throughout their lands. Many more Aharonim tout the authenticity of the Moroccan Etrogim[10]. Rav Moshe Shternbuch שליט”א writes[11] that the Rav of Brisk, Rav Yitchak Ze’ev Soloveitchik זצ”ל, would use a Moroccan Etrog. In the year 1981, Rav Yisroel Harpenes, a Posek and author from Brooklyn, wrote a volume named “P’ri ‘Etz Hadar”. Citing the fact that the Moroccan Etrog’s seeds are not vertical but horizontal, in addition to the fact that it has far less juice than the other Etrogim (although Etrogim do not have a lot of juice, as we mentioned, these Etrogim are exceptionally dry), Rav Harpenes claimed that the Moroccan Etrogim do not meet the conditions that the Poskim set to be classified as an Etrog. However, the contemporary Poskim reject this claim. Besides the Bikkure Ya’akov’s assertion that the seed position test is not as indicative, the Poskim understood that the identifying factors mentioned in the Rama should only be applied when one is in doubt whether a specific fruit is an Etrog or not. One who has a Mesorah – a tradition – that clearly identifies a fruit as an Etrog, should not be concerned about these indicators and may safely rely on his tradition. The Hattam Sofer[12] writes that a Mesorah for an Etrog is like the Mesorah for the kosher status of a bird species. Just like one need not be concerned with the identifying factors of a kosher species if he has a reliable Mesorah on that species, so too, one may rely on a Mesorah identifying a species of fruit as an Etrog. [One must still ensure that the Etrogim weren’t grafted. An upright merchant, with Yir’at Shamayim, will seek out Etrogim from places in which they are carefully maintained and kept pure.] The Yemenite Yemenite Etrogim also boast a very strong Mesorah, and were the Etrog of choice of Hacham Ben-Tziyon Abba Shaul. Still, over the years, they have been the subject of a lot of grafting by private growers, as the Ohr L’Tziyon warns. The Sefer “Arba’at HaMinim LaMehadrin”[13] writes that he once interviewed a Yemenite Jew who prided himself on grafting Etrogim to receive the most durable and beautiful fruit. Again, as with the Moroccan Etrogim, one should buy from a reliable merchant to ensure that they are sourced from a proper grower. Etrog “Hazon Ish” Another very popular species of Etrogim are known as Etroge “Hazon Ish”. The species was identified by the Hazon Ish himself, when he arrived in Eretz Yisrael and saw an Etrog tree growing in the wild, near Tzefat. The Hazon Ish proclaimed to his students that these were indeed true Etrogim. One of his students, Rav Halperin, took from those Etrogim and charged great Talmide Hachamim such as Rav Michel Yehuda Lefkovitch זצ”ל, Rav Chaim Greineman זצ”ל and Rav Gedalia Nadel זצ”ל with growing them with the utmost care. Due to their relatively short Mesorah and high level of proper supervision they pose no concerns of grafting. Yanover, Braverman The Chassidim (especially Chabad and Satmar) seek out the Yanover Etrogim, which were originally grown in Genoa, a city in Northern Italy. The Hattam Sofer[14]writes that they have a strong Mesorah dating back to Rabbenu Tam and the Sages of Ashkenaz, if indeed they can be traced back to that same region. Today, many of theseEtrogim are grown in Calabria, a region in Southern Italy. Another brand of Etrogim known as the “Braverman” Etrogim, also have a Mesorah and were allegedly used by theMaharil Diskin (Rav of Brisk and Yerushalaim, 1818-1898). With a Pittam or without? Many are confused by the fact that some Etrogim do not have a Pittam (carpel). [“Hazon Ish” and Yemenite Etrogim do not have a Pittam, while Moroccan Etrogimhave a Pittam.] The Rama[15] cites the Rosh who writes that if an Etrog’s Pittam falls off then it is not valid – unless it never had one to begin with. The Poskim grapple with the meaning of this Rosh, since every Etrog starts off as a Pittam. Rav Chaim P. Sheinberg זצ”ל and Rav Meir Brandsdorfer זצ”לare of the opinion that since we do not know the true meaning of the Rosh, one should only use an Etrogwith a Pittam. Others say, that the Rosh means to say that as long as the Pittam fell off while the Etrog was still connected to the tree, or, according to some, before the Etrogreached a third of its growth (an important milestone for many Halachot, such as Ma’aser etc.), then the Etrog is acceptable. It is important to remember that despite the fact that many of the brands of Etrogim have a strong Mesorah throughout Am Yisrael – one must always ensure he is buying from a G-d fearing merchant who will ensure to source his Etrogim properly. Sources: [1] ויקרא כו, מ [2] ל”ה ע”א [3] כלאים סי’ ג’ אות ז’ [4] סי’ תרמט ס”ד [5] שם, ומעלה שיש להתיר ע”י עכו”ם [6] סי’ תרמח ס”ק סה [7] אול”צ ח”ד פל”ה ס”ז [8] סי’ קכ [9] שם [10] כ”כ בבכורי יעקב, והגד מרדכי סי’ ה’, זכר יהוסף ח”ג רל”ב בית שמחה סי’ א’ ועוד [11] תשובות והנהגות ח”א סי’ שפא [12] שו”ת חאו”ח סי’ ר”ז [13] עמ’ רעד [14] שם [15] סי’ תרמט ס”ז
The Prozbul contract is filled out and signed before two witnesses and then handed over to the Bet Din. This year (5775/2015) is the Shemittah year, and therefore, one who lent out money should complete a Prozbul so that one’s loan can be collected on one’s behalf by the Bet Din. Summary: One who lent out money to a fellow Jew should complete a Prozbul before Rosh Hashana 5776. Attached for those to whom this applies are Prozbul contracts in Hebrew and English. The Mishna teaches (Rosh Hashana 1:2) that Shavuot is the day of judgement for trees. The Tola’at Yaakov says that just as trees are believed, on a Kabbalistic level, to possess souls and are judged on Shavuot, so too are people judged onShavuot. More specifically, Shavuot is the day on which one is judged one’s neglect of Torah study in the previous year as well as on one’s success in Torah study in the upcoming year. Therefore, there is a custom to stay up all night on Shavuot to study to show Hashem our devotion to the Torah. The Sephardic custom is to read the special Tikkun (lit. “[spiritual] rectification) which includes passages for the Tanach as well as from the Zohar. Rabbi Ben Zion Abba Shaul (Or LeTzion vol. 3, 18:11) states that if it is difficult for one to complete the Tikkun, one may read the Tanach section and a few parts from the Zohar to fulfill one’s obligation. The Shulhan Aruch (Orah Haim 47:12) rules that if one is awake all night studying, one does not recite Birkot HaTorah. The rationale, according to the Bet Yosef, is that these blessings are being said on the Mitzvah of studying Torah, and since there was no interruption between the previous day and the entire night, there is no need to recite them again. The Kaf HaHaim (O.H. 47:26), Rabbi Ben Zion Abba Shaul and Rav Ovadia Yosef rely on the Kabbalistic approach and rule that Birkot HaTorah should be recited even if one stayed up all night. Furthermore, there is a debate among the Poskim regarding whether one may recite the blessing ofElokai Neshama if one stayed up all night. Since there is a doubt regardingElokai Neshama and in light of the Shulhan Aruch’s ruling on Birkot HaTorah, the Moroccan custom is to omit the Birkot HaShahar and Birkot HaTorah altogether. In lieu of reciting these blessings, Rabbi David Banon, quoting that renown expert in Minhagim Rabbi Avraham Abuhatzira, says that the custom in Morocco was to ask someone who slept to recite these blessings on one’s behalf (see MagenAvot, 3rd ed., Orah Haim § 47). Furthermore, many Moroccan synagogues continue to practice this custom. Summary: One should read the entire Tikkun on Shavuot, or at least all of the Tanach and some of the Zohar sections. If one stays up all night onShavuot, one does not recite Birkot HaShahar and Birkot HaTorah. One should hear these blessings from someone who did sleep to fulfill one’s obligation. There is a question among the Poskim regarding the recital of Arvit and Kiddush on the eve of Shavuot before Tzet Hakochavim, nightfall. In many locales in the northern hemisphere, nightfall is very late at this time of the year and praying and reciting Kiddush at that time may not be pragmatic. However, in describing Sefirat HaOmer, the Torah says “Sheva Shabbatot Temimot Tihyena” (Vayikra 23:15); which means that the Sefira must comprise seven complete weeks. By reciting Arvit and Kiddush (which declare the onset of Shavuot) before nightfall, it follows that Arvit and Kiddush are being recited on the 49th day of the Omer and that the seven weeks are not complete. The Magen Avraham (Siman 494) cites the Masat Binyamin, who says that Kiddush should not be recited before nightfall because it will be taking away from a portion of the last day of the Omer, which is not in keeping with the principle of Temimot. The Taz says that even Arvit should not be recited prior to Tzet Hakochavim. Rabbi Yaakov Emden, however, states in his Siddur that in time of need one may be lenient regarding both Arvit and Kiddush. Rabbi Ben Zion Abba Shaul (Or LeTzion vol. 3, 18:4) rules that Lechatehila (ideally) both Arvit and Kiddush should be recited after Tzet Hakochavim. Where necessary, however, such as in cities with very late nightfalls, he rules that one may recite both Arvit and Kiddush before this time. Rabbi Shimon ibn Danan, the former Chief Rabbi of Morocco, used to pray Arvit only after Tzet Hakochavim. It should be noted that Rabbi ibn Danan’s practice took place in a location where nightfall occurs at a relatively early hour, and it is unclear if this custom would apply to other cities as well. This should not be an issue this year (5775/2015) as Shavuot falls on Motzaei Shabbat and Arvit and Kiddush will, by necessity, take place after Shabbat ends and Tzet Hakochavim. Summary: Ideally, both Arvit and Kiddush of Shavuot eve should be recited after Tzet Hakochavim. If this is not practical due to the late hour, both may be recited before that time. Tzet Hakochavim for your location may be found here. Tahanun is a penitential supplication that makes up part of the daily prayer and, because of its solemn nature, it is omitted on joyous days (the holidays, in the presence of a groom, etc.). The prevailing Moroccan custom is that Tahanun is not recited for the first 12 days of the month of Sivan for the following reasons: The first day is Rosh Hodesh, on which Tahanun is never recited. On the second day of Sivan, Hashem commanded Bnei Israel to sanctify themselves before the Revelation at Mount Sinai. The third, fourth and fifth days commemorate the three days on which Bnei Israel prepared themselves to receive the Torah. The sixth day of Sivan is Shavuot, and Tahanun is not recited on the holidays. Tahanun is omitted on the next six days to commemorate the six days after Shavuot during which one still had the opportunity to offer the Hagiga sacrifice if unable to do so during the holiday itself. Rabbi Itzhak ben Oualid (Vayomer Itzhak, Tefila 5) was of the opinion that Tahanun should be omitted on the 13th of Sivan as well, and cites an opinion to omit it even on the 14th. The 13th of Sivan can be explained by the fact that in the Diaspora, Shavuot falls on both the 6th and 7th of Sivan and so the six days commemorating the Hagiga would extend to the 13th of Sivan. The opinion regarding the 14th of Sivan is supported by the Kabbalah, which says that Tahanun is recited on 222 days of the year and it works out mathematically that Tahanun would not occur on the 14th. This mathematical calculation has been shown to be problematic and indeed it is not a widespread custom to omit Tahanun on the 14th of Sivan. Summary: Unless one has a specific custom to omit Tahanun on the 13th and/or the 14th of Sivan, the prevailing Moroccan custom is that Tahanun is not recited for the first 12 days only. A culinary custom on Shavuot that was common in Morocco, however, was eating Matzah. A special dish known in Arabic as Hrabel was made of Matzah meal, sugar and mint. The HIDA (Lev David ch. 31) references the Tola’at Yaakov, who says that Shavuot is likened to Olam Haba (the World to Come) where the body and soul join in a heavenly experience. On Shavuot there was a bread offering, which is symbolic of the physical body, as well as a Minha offering, consisting of unleavened Matzah, which symbolizes the soul. Thus, on Shavuot one eats Matzah to complement the bread offering and to symbolically join the physical and the spiritual worlds. The HIDA gives another reason based on the Zohar that in Egypt, Matzah was the bread of affliction when we were slaves to Pharaoh. On Shavuot, when we accepted Hashem’s Torah, we eat Matzah to symbolize that we are still servants, but to Hashem. Summary: One may partake of dairy foods on Shavuot but one should also eat meat in honor of Yom Tov. There is a special custom to eat Matzah on Shavuot. Why is the Moroccan Etrog Ideal?
An Etrog or a Lemon?
What is Prozbul?
Moroccan Customs for Shavuot
Another custom is to read the Azharot, composed by Rabbi Shlomo ibn Gvirol and Rabbi Yitzhak Barceloni. The Azharot are lists of the 613 positive and negative commandments, written in poetic form. The custom in Morocco was to read the positive commandments of Rabbi Shlomo ibn Gvirol were read afterShaharit, and then the positive commandments of Rabbi Yitzhk Barceloni afterMinha. On the second day the negative commandments of each rabbi would be read at the same time as the previous day. Nowadays, many communities recite them in the afternoon around Minha.Does One Say Birkot HaShahar on Shavuot?
What’s the Earliest One Can Bring in Shavuot?
Customs of Isru Hag Shavuot
Finally, the book Arba Gevi’im discusses a custom to read the books of Iyov,Mishle and Daniel before Minha on the Shabbatot between Shavuot and Tisha B’Av.May One Recite Arvit & Kiddush Before Nightfall on Shavuot?
When is Tahanun Omitted in Sivan?
What Foods Should be Eaten on Shavuot?
Rabbi Yosef Benaim (Noheg BeHochma, pg. 202) explains that this was not a common practice in Morocco but that there were people who ate dairy foods in Morocco and other Sephardic lands.