Home

Daily Moroccan Halachot

Halachot in the tradition of our Chachamim from Morocco

Audio & Video Shiurim

Dozens of Audio & Video Shiurim by Rabbi Mordechai Lebhar

Hilula of Our Tzadikim

Hilula of Moroccan Tzadikim

Bookstore

Sefarim based on our Morrocan Minhagim

Monthly Sponsor: Available

Weekly Sponsor: Available

Sponsor of the Day: Available

MagenAvot--daily-halacha

Magen Avot - Daily Halacha

Click here to purchase

Daily Moroccan Halachot

Click Here to Sponsor Daily Moroccan halachot

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

  Join the Magen Avot Halacha Group on Whatsapp

DAILY HALACHOT PODCAST   ON APPLE    ON SPOTIFY        

Search:
Daily Halachot Topics

Washing with Dipped Foods

In addition to Netilat Yadaim for bread, the Shulhan Aruch (Orah Haim 158:4) rules that whenever one eats food dipped into or wet by certain liquids, one must wash one’s hands without a blessing. These liquids are wine, honey, oil, milk, dew, blood (such as fish blood, which the Torah allows, but is prohibited because ofMarit Ayin, ie. how it will be perceived) and water, because these liquids have the capacity to transmitting impurity. The Rama (ibid.) goes further and says that only if the tip of the food is being dipped and one’s hands will remain dry, one still must wash. Even though the laws of ritual purity have been suspended, there is still a virtue of eating food in a state of holiness. As such, one who eats a wet apple, for example, would need to wash prior to eating it. Additionally, this is why one washes one’s hands without a blessing for the Karpas segment of the Seder, since it involves a vegetable being dipped into a liquid.

Nevertheless some Rishonim, including the Maharam of Rothenberg, are lenient with regards to this type of washing. As well, Rabbi Shalom Messas (Shu”t Shemesh Umagen, vol. 2, § 45:3) and Rabbi Shlomo Zalman Auerbach write that the custom nowadays is to be lenient. Rabbi David Ovadia (Nahagu Ha’am, Hilchot Berachot), on the other hand, writes that one may be lenient only if a segment of the food is wet but the portion that one is holding is still dry, such as dipping a tip of a cookie into tea.

Summary:  Although the Halacha is that one must wash one’s hands without a blessing when eating wet foods, there were many lenient opinions.

 

 

 

 

How is Hametz Sold?

The Torah prohibits owning (Shemot 12:19) and seeing (Shemot 13:7) Hametzduring Pesah. As such, throughout the generations, people would either give away their Hametz to non-Jews or would simply discard it before the holiday. Since discarding one’s Hametz would represent a sizable financial loss, the Tosefta (Pesahim 1:6) discusses selling one’s Hametz to a non-Jew. Indeed, the Shulhan Aruch (Orah Haim 448:3) codifies this by saying that one may either sell one’sHametz to a non-Jew, or it give it away for free as a gift.  It became common for people to appoint the community rabbi to be their agent and to sell that community’s Hametz to a designated non-Jew. In cases where the value of the community’s Hametz was significant to the point that the non-Jew could not pay the total cost, a down-payment would be advanced and the non-Jew would have the duration of the holiday to pay off the balance.
Rabbi Yosef Messas (Otzar HaMichtavim, vol. 3, § 9) explains that historically the selling of Hametz was  would occur between Jews and one non-Jews on an individual basis, without appointing a rabbi. This eventually became impractical so people found it more convenient to sell their Hametz directly to the rabbi. This too was eventually replaced with the custom of the rabbi acting as an agent and selling the Hametz to a non-Jew on behalf of the community.
When this was done on a small scale, Rabbi Yosef Messas (ibid.) and Rabbi David Ovadia (Nahagu Ha’am) said that it was preferable for individuals to hand over their keys to the rabbi so that the non-Jew would theoretically have access to the Hametz. Nowadays, when the value of a community’s Hametz is significant, Rabbi Haim Medini (Sde Hemed, Ma’arechet Hametz Umatza, § 9) says that since the non-Jew does not necessarily pay for the Hametz in full, one may be lenient and not give one’s house keys to the rabbi. Rabbi Ben Zion Abba Shaul (Or LeZion, vol. 3) takes the strict approach that must hand over one’s keys to the rabbi who is selling Hametz on one’s behalf, however there is room to be lenient.
Summary: Selling Hametz to a non-Jew is a bona-fide legal transaction. The non-Jew is entitled to pay in full and keep the Hametz, or it may be sold back to the Jew.

May One Eat Machine-Made Matza?

The Shulhan Aruch (Orah Haim 453:4) says that it is proper for theMatza that is used for the different Mitzvot during the Seder (ie. Achilat Matza, Korech, Afikoman) be made from wheat which was closely watched over from the time of its reaping (“Matza Shmura”). During the rest of the holiday, however, one does not need to eat Matza Shmura.
Another is issue is the propriety of eating machine-made Matza. Some rabbis, mainly Ashkenazic, were concerned that during the grinding of the wheat kernels, moisture would be pressed out and would lead to inadvertent leavening of the dough. Indeed, Rabbi Raphael Benaim (Sefer Kol Tehina-Kol Tehina) as well as several Algerian rabbis forbade eating machine-made Matza on Pesah for this reason. Nowadays, the machines used to produce Matza are more refined than what existed previously and this concern no longer exists. Nevertheless, one issue with machine-made Matza is that there is a possibility that they are not made for the sake of the Mitzvah of Matza. Rabbi Ben Zion Abba Shaul (Or LeZion, vol. 3, ch. 11, Q. 7) says that the Matza used for the Mitzvot of the Seder should be hand-made. For the rest of the holiday, he says that the Matza which has a more reliable kosher certification should be used since it is more likely that it was produced for the sake of the Mitzvah of Matza. It should be noted that during the Shulchan Orech section, which is the actual meal, one may consume machine-made Matza.

Summary:     Hand-made Matza should be used for the different Mitzvot at the Seder (Achilat Matza, Korech, Afikoman). Machine-made Matza may be used for the actual meal and for the rest of Pesah so long as they have a reliable Hechsher. 

Is Rice Permitted on Pesah?

The Shulhan Aruch (Orah Haim 453:1) writes that since they do not ferment, rice and other legumes are permissible for consumption on Pesah. The Rama (ibid.), however, notes that rice and legumes (“Kitniyot”) were forbidden in Ashkenazic lands because they often came into contact with actual Hametz and by cooking them once may accidentally consume Hametz on Pesah. Another reason is that, since bread could also be made out of rice, corn and the like, those who were unlearned might confuse that which is permitted and that which is forbidden. As such the Haye Adam mentions that Ashkenazic rabbis forbade legumes altogether, including beans. By and large the Sephardic community accepted the Shulhan Aruch’s ruling, with the exception of some communities, namely in Morocco. Rabbi Ya’akov ibn Tzur (Mishpat Utzdaka BeYa’akov vol. 1, § 9) writes that the rabbis of Morocco unanimously proscribed rice on Pesah out of concern that bran and kernels from actual Hametz grains were mixed in with them. Regarding other Kitniyot, Rabbi  Yosef Benaim (Noheg BeHochma), Rabbi David Ovadia (Nahagu Ha’am) and Rabbi Haim Messas (Leket HaKemah) explain that although the rabbis did not expressly forbid them, they were of the opinion that they should be avoided on Pesah. The HIDA (Mahzik Beracha  § 467), and among the Turkish community, Rabbi Haim Palagi (Lev Haim, vol. 1,  § 92) discuss the restriction on Kitnityot as well.
Interestingly, besides the general Moroccan custom, there were individual families who had their own stringencies. For example, some families avoided chickpeas on Pesah since the Arabic word for them (“Hummus)” sounded similar toHametz. Other families did not use sugar since bread was sometimes dipped in it, and therefore it could have contained crumbs. One who has a known family custom should maintain it, in addition to the broader custom of not consuming rice on Pesah.

Summary:   According to the Moroccan custom, rice is not permitted onPesah. Although not expressly forbidden, the custom is to avoid otherKitniyot as well.

Koshering Glass Stovetops

Pyrex and Duralex are proprietary names of glass-based materials commonly used in kitchenware which are produced in such a manner which allows them to be heat-resistant. Although some are of the opinion that they have earthenware-like properties (see previous Halacha), Rabbi Ben Zion Abba Shaul (Or LeZion vol. 3, ch. 10) says that they have the same status as glass and simply need to be cleaned before Pesah.

Another area of concern in the kitchen are modern stove-tops which are made of a glass-ceramic material. According to the Institute of Science and Halacha (Israel), the crystallization method of this material gives it ceramic properties, namely hardness, yet it is still non-porous just like glass. Therefore, with regards to koshering for Pesah, they have the same status as glass. The part of the stove-top occupied by the elements are of least concern since they can be turned on and koshered through the process of Libun. Regarding the peripheral areas of the stove-top, Rabbi Levi Yitzchak Halperin of the Institute suggests that one pour boiling water on it three times from a primary heat source (such as an electric kettle). Alternatively, one can cover the stove-top with aluminum foil, excluding the actual elements.

Summary:  Pyrex has the status of glass and only needs to be cleaned forPesah. The area of glass-ceramic stove-tops excluding the burners can be cleaned by pouring boiling water on it three times. Alternatively those areas can be covered with aluminum foil.

Koshering Earthenware and Glass for Pesah

While discussing an earthenware vessel in which sacrifices were cooked, the Torah (Vayikra 6:21) and the Gemara (Pesahim 30b) explain that such a vessel can not be cleansed by conventional immersion into a Mikve, and that only breaking the vessel will render the resultant pieces pure. By extension, the Shulhan Aruch (Orah Haim 451:1) says that an earthenware vessel in which hotHametz was cooked throughout the year cannot be koshered by Haga’ala(immersion into boiling water). Although Libun (heating with a flame) would technically work, there is a concern that one would not do it to a satisfactory level out of fear of bursting the vessel. However, placing such a vessel into a kiln, or nowadays, a self-cleaning oven, would render it kosher for Pesah, albeit with the risk of shattering. It should be noted that aforementioned laws apply to both glazed and unglazed earthenware.

Unlike porous earthenware which has the capacity of absorbing residual Hametz, the Shulhan Aruch (Orah Haim 451:26) rules that glass is not absorptive. Therefore, the Sephardic custom, including that of the Moroccan community, is that glass need only be cleaned for use on Pesah.

Summary: Unless one uses the heat of a self-cleaning oven, earthenware vessels cannot be koshered for Pesah. Glass vessels require no special koshering.

 

 

How did Moshe Kill the Egyptian?

Alenu Leshabe’ah holds deep significance and is replete with allusions. Rabbi Elazar Rokeah (Sefer HaRokeah) writes that when one recites “Hu Elokenu En Od Aher” (lit. “He is our G-d, there is none other”), one should have in mind that we no longer have the Bet HaMikdash to atone for our sins and that it is only Hashem Himself who can hear and accept our prayers. Additionally, when one recites “Mehera Betiferet Uzach” (lit. “quickly with the splendor of Your strength”), one should contemplate the last letters of the words. These three letters when rearranged “Tav-Chaf-He” spell out the Name of Hashem designated to protectBnei Israel from its enemies and from the spiritual adversaries that may obstruct our prayers. Interestingly, the Arizal (Pri Etz Haim) explains that this was the name that Moshe Rabenu used to kill the Egyptian who was abusing the Jewish slave, and is alluded to in the word “Lama Take Re’echa”. These letters are alluded to in other verses such as “Kol HaNeshama Tehalel Y-a Haleluy-a”
Summary: One should contemplate the Name spelled “Tav-Chaf-He” while reciting that corresponding portion of Alenu Leshabe’ah.

What is Isru Hag?

The day after Pesah, Shavuot and Sukkot is known as Isru Hag. The Gemara (Sukkah 45b) expounds the verse that is sung in the Hallel “Isru Hag Ba’Avotim Ad Karnot HaMizbeah” to mean that one who treats the day after the holiday festively, is considered to have brought a sacrifice to the Bet HaMikdash. Furthermore, the Yerushalmi (Avoda Zara 1:5) refers to Isru Hag as “Bere DeMoada” (lit. “child of the holiday”) on which it was customary to eat a festive meal. The Rama (Orah Haim 429:2) states that one should treat this day as a semi-holiday by eating and drinking. Indeed, Rabbi Yosef Benaim (Noheg BeHochma, pg. 34) explains that the custom in the city of Fes was to refrain from work on Isru Hag. The Ben Ish Hai (Rav Pe’alim, vol. 2, Sod LeYesharim § 1) states that this was the custom in Baghdad as well, but only on the Isru Haf of Pesah and Sukkot, but not Shavuot. The prevalent custom nowadays is to work on Isru Hag. Furthermore there is a custom to recite the Mizmor “HaShamaim Mesaperim Kevod E-l” and the verses “Ana Hashem Hoshia Na, Ana Hashem Hatzliha Na”.

Summary: Isru Hag has a semi-festive character. 

 

      Isru Hag

What are Some Customs of Isru Hag?

The day after the last day of Yom Tov is known as Isru Hag and has the status of a minor holiday . There was a custom in Morocco on Isru Hag of Shavuot to gather and bury any Torah scrolls, holy books and holy objects that needed to be buried. When such articles become invalid or unusable, they must be disposed of in a special manner. Since this type of disposal shows honor to the Torah and holy objects, it is fitting to perform the burial after the holiday commemorating our receiving the Torah. Most communities nowadays have a Genizah service in which holy articles can be stored and one should be aware of the intrinsic holiness of even Torah pamphlets, bulletins, etc.

One who has the practice of fasting on the Nahala (Yartzheit) of a family member should not fast if the Nahala falls on Isru Hag, and should postpone it to another day.

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.

Summary: Isru Hag has some properties of Yom Tov. One should be aware of certain articles that may need proper Genizah/disposal if they become unusable. ​

 

Haseva: Are Women Obligated?

The Shulhan Aruch (Orah Haim 472:14) rules that women are obligated in all the Mitzvot that are performed at the Seder, but elsewhere (ibid:4), it says that women are not obligated in Haseva, unless she is a distinguished woman. Haseva is the Mitzvah to lean when drinking the four cups of wine and eating the Matza, which is how royalty used to eat, and is performed to demonstrate the idea of freedom. The Rama (ibid.) writes that all women nowadays are considered distinguished, but that the custom is that they did not lean. Furthermore the custom in Morocco was that women did not lean.
​
The Gemara (Pesahim 120a) discusses the idea of women leaning and the early Poskim give different reasons as to why women may be exempt. The Rashbam (Pesahim 108a, sv. “Isha”) explains that a woman’s awe and subservience to her husband would exempt her from Haseva. The Sheiltot writes that it is not the nature of women to lean, while the Ran explains that a woman serves her husband and thus she is not fully free.

Rabbi Moshe Karp (Hilchot Hag BeHag) writes that women nowadays are not considered subordinate to their husbands as they were in generations past, and thus they too can express their freedom by leaning. Furthermore, many families hire help, which would allow women to more fully participate in the Seder, including leaning. Rabbi Haim Benveniste (Pesah Me’uvin, § 3), Rabbi Ben Zion Abba Shaul (Or LeZion, vol. III , ch. 15), Rabbi Ovadiah Yosef (Hazon Ovadiah Pesach) and other rabbis concur with this approach.

One practical difference between men and women is if one forgot to lean when drinking wine or eating Matza. If a man does so, he does not fulfill his obligation and must go back and repeat the Mitzvah while leaning. However, since the Shulhan Aruch says that women are exempt from leaning and the original custom was as such, it appears that a woman would not have to repeat the glass of wine or Matza if she forgot to lean, and would have fulfilled her obligation Bediavad (ex post facto).

Summary:  Nowadays, women should lean at the appropriate times during the Seder. A women does not have to go back and drink another glass of wine or eat Matzah while leaning if she forgot to lean the first time.

      Haseva Are Women Obligated
1 … 29 30 31 … 38

Sign up for the Daily Moroccan Halachot Email