q& a page 22

q&a page 22

1,071) Q: What is the halacha if I forgot to say Mashiv Haruach u'morid Hageshem, and instead I by mistake say Morid Hatal (nusach sefard)? I once heard something about morid hatal being yotzi all year round be'di'eved as it technically is also asking for rain (dew). Is that the case?

A: Yes, that's correct. If you said Morid Hatal you don't repeat Shemona Esrei.

If you realize before finishing that bracha, you say Mashiv Haruach where you remember. See Shulchan Aruch Siman 114:5

1,072) Q: You mentioned about interlacing the fingers. I know that the Aino-Yehudim pray with their open hands clutched together. People are using this symbol while texting and want to show their appreciation, via what has become a univerasl "Thank You" emoji.

As far as I know this is a non-Jewish symbol. Am I correct ?

A: Yes, I am aware of that emoji. It bothers me too when people use it, as indeed it looks ike the position Aino Yehudim use when they pray.

We Yidden must be very careful before using words, phrases, emojis and other items created by Aino Yehudim, as many of them are rooted in the culture of the Aino Yehudim, which is not something we should be associating with. Many of the emojis, symbols and other content available on the internet does not meet strict Tzniyus guidelines, and certainly many of the symbols and emojis are not refined enough to be used by the Am Hanivchar. Deracheha Darchei Noam - the Torah's way is pleasant and refined, not rough and trashy.

Also, even emojis and symbols that may be - or seem- innocent enough, must be used according to the will of Hashem. For instance, emojis that depict winking, kissing, hugs or similar gestures may not be used between members of the opposite gender, as doing so borders on serious prohibitions of Arayos/Abizraihu D'Arayos, which according to many Rishoinim may even be in the class of Yaharog V'Al Ya'avor.

We cannot just do whatever we want, because the society and culture around us does it. We must follow the Torah at all times, in all situations, even if it is sometimes difficult and even if it's against what "everyone is doing". We are Hashem's holy nation. we are not "everyone".

I urge everyone to examine and rethink their online and texting "habits" to determine if they are on par with what they should be. Hashem sees every private text and Hashem knows the true thoughts and meaning behind every inuendo- laced text and emoji. Let's not disappoint Hashem, and let's not disappoint ourselves by falling into the Yetzer Hara's traps.

Chazak V'Ematz!

1,073) Q: I am now in sh’loshim for my dear mother A"H. Am I allowed to make a shehechiyanu on a new fruit?

A: There is no prohibition for an Avel to recite the bracha of Shehechiyanu. Even during shiva it would be allowed, certainly during shloshim it's allowed. Only it is best if it isn't done publicly, but in your home, just you, and your family, that is fine. (See Mogen Avrohom Siman 551 os 42 and Mishna Berura Siman 551 S"K 98)

1.074) Q: One lives in a large city, like Los Angeles, and holds of the eruv. He orders plasticware, for a big seuda on Shabbos

Amazon promises delivery on Thursday or Friay, but it does not show up. The box of plasticware arrives on their doorstep on Shabbos morning

The driver presumably came from beyond the techum Shabbos, but is likely delivering parcels for many Aino-Yehudim, as well. Can the family take in the delivery and use the plasticware on Shabbos?

A: While there is a lenient opinion regarding a non muktzah item that arrived on Shabbos via the regular mail system (see Shmiras Shabbos K'Hilchaso Perek 31:24) this leniency does not apply to a delivery that came specifically to your address, such as UPS , FedEx or Amazon. So it should not be used on Shabbos.

1,074) Q: Why does the choson take out one of his arms from the sleeve before the chuppah?

A:The Talmud (Moed Katan 22b) teaches that when a parent R”L passes away one should “bare his shoulder”. (Mourners don’t follow this custom nowadays – See Rama Yoreh Deah Siman 340:17)

Wearing the coat in this manner, with the left shoulder exposed, is a sign of mourning, Zecher L’Churban, reminiscent of that old custom, and is practiced by some people.(See Minhagei MaHari Weill page 148)

1,075) Q: are women prohibited to sew on moitzai Shabbos?

A: Such a minhag exists (See Mogen Avrohom Siman 299), but not many people adhere to it (See Shu"t Rivevos Ephraim Vol. 2 Siman 107)

1,076) Q: Where is the minhag brought down to wish availim HaMakom Yenachaim before Mizmor Shir on Friday night?

A: See Be’er HaGolah Yoreh Deah Siman 393, Mishna Berura Siman 287 S”K 3, Aruch Hashulchan Yoreh Deah Siman 400:5 and Shu”t Teshuvos V’Hanhagos Vol. 4, page 339

1,077) Q: On Erev Lag B'Omer, does one say Tachanun at Tefilas Mincha?

A: No. See Mishna Berura Siman 131 S"K 33 and Siman 493 S"K 9

1,078) Q: Why is it that only the yeshivos say"Behab"? Is this halacha,minhag,or a davar tov?

A: It's a minhag that was originally accepted by Ashkenazim, and not by Separdim . Even among Ashkenazim nowadays, that people are weaker, and unable to fast as easily, the minhag is not kept by many, and there are many Poskim who say that if by fasting it will hinder your Avodas hashem, it should not be done. Being that the fast is not much observed, over time, the selichos became less observed as well. While it's a great idea to daven and do teshuva, as per the point of this minhag, it is still only a minhag and not established halacha, and as such those who don't observe it have on whom to rely. ( See Kaf Hachaim Siman 492:8, Aruch Hashulchan Siman 492:2 and Nitei Gavriel; Pesach, Perek 42 footnote 3 )

1,079) Q: Is one allowed to be a ba'al tefilah if he is in a major machlokes with one of the members of the tzibur?

A: The Rav of the shul has to determine the eligibility of the Shliach tzibur in this case, as it depends on a few variables. See Mishna Berura Siman 53 S"K 17

(He should do whatever he can to make peace, as machlokes is a fire that consumes everyone involved, regardless who is right)

1,080) Q: I would like to know if there's any source for lifting the chassan and kallah at a wedding. Does this have a mesorah, or was this a breach in tznius that infiltrated klal yisrael?

A: The minhag used to be to carry the Choson on someone’s shoulders. The Poskim frowned upon this for serious halachic reasons and recommended putting a stop to it, and thus the Minhag developed to lift the choson on chair instead, and this is an acceptable Minhag. (See Kaf Hachaim Siman 669:22, Shu”t Shevet Haleivi Vol. 6 Siman 203:2 and Shu”t Tzitz Eliezer Vol. 12 Siman 73:3. See also Sefer Natei Gavriel Nisuin Perek 41:14)

It is also acceptable to lift the Kallah on a chair, so long as this is done on the women’s side, in a way that does not breach Hilchos Tzniyus in any way, shape or form.

In the writings of Rav Dov Ber of Lubavitch, he discusses that this is the custom for the men to lift the chosson and the women to lift the kalalh. So this minhag was already in place a long time ago, as he lived in the 1700s

1,081) Q: It seems from going through the halachos of "Devarim hanohgim besudah" that wine that's drunk exempts all other drinks. Does that refer to kiddush as well?

A: If the other drinks were on the table at the time of the hagafen, and you intended to drink them, the hagafen covers them, provided that you drank a cheekful (Melo Lugmav) of wine/grape juice. So practically, when one is yotzi with kiddush from another person, and doesn't drink any wine, or only tastes a drop of wine, that Hagafen won't work for his soda. (See Mishna Berura Siman 174 S"K 3, and Biur Halacha there)

1,082) Q: It seems hat any time you drink a better wine you must make a "Birchas Hatov Vehamaitiv" Does that mean if we're mekadaish on grape juice we must make a Hatov vehamaitiv on chashuveh wine drunk in middle of the seudah?

A: The Halachos of Hatov V'Hameitiv over wine are complex, and many conditions must be in place for it to be recited, which is why nowadays many Poskim say to avoid reciting the bracha altogether unless you have a direct psak from a Rav who addresses your exact situation. Regarding your question, the Poskim are not in agreement if grape juice can be considered the first wine for this purpose, or if it must be an alcoholic wine that precedes the second wine. See Shu"t Avnei Yashfeh Vol. 1 Siman 38 and Sefer Vezos Habracha page 172 for more about this.

1,083) Q: What is the mekor for a woman to go to Shul and hear a davar Sh'bkedusha after childbirth?

A: This is an old minhag, and it's in lieu (of sorts) of the korban that a woman usually brought after giving birth. T

he Mogen Avrohom, end of Siman 282, references it, and also deems her husband a chiyuv aliyah when she is there on a day of Krias Hatorah. See Toras Chaim to Sanhedrin 94a and see Shu"t B'Tzeil Hachochma Vol. 6 Siman 78.

1,084) Q: Is it halacha that one has to wash their face in the morning?

A: Yes, we must wash our face each morning. It's also ideal to rinse one's mouth each mornng. .(See Mishna Berura Siman 4 S"K 2 and S"K 9)

1,084) Q: Are women exempt from the mitzva of Peru U-Veru, procreating, and why?

A: Yes, a woman doesn't have the chiyuv of Pru Urevu.

The Talmd (Yevamos 65b) derives this from the end of the Posuk that commands us to procreate, which states to go out and conquer, and it isn't a woman's role to go out and conquer, so she is also not included in the first part of the Posuk.

Also, the Mitzvah demands being dominant of one's partner, and the Torah gives dominance to the male. Another reason given is that since her life is endangered in the process, the Torah doesn't mandate it of her.

She does, however, have a mitzvah to assist her husband in ths matter, and receives great reward for doing so.

Some say she has a different mitzvah of Lasheves Yetzarah (Yeshayahu 45:18) a separate mitzvah to populate the world.

See Shulchan Aruch Even Haezer, Siman 1:3 and Siman 154. See Tosafos Gittin 41b. See Ran Kidushin Perek 2. See Bartenura Yevamos 6:6 and Meshech Chochma Bereishis 9:7

1,085) Q: Is there a halacha that a person is not supposed to hold anything other than the item they are making a bracha on when they are making a bracha or davening ?

A: Yes, the Shulchan Aruch Siman 96 rules not to hold anything in your hand during davening, if that item can distract you in any way. The Mishna Berura says this applies to Pesukei D'zimra and Shema as well.

This halacha is not mentioned regarding when reciting brachos before or after eating food, so seemingly that would be allowed, if necessary.

Even during Birchas Hamazon, Rav Elyashiv Zatzal was lenient regarding holding a child (See Shu"t Rivevos Ephraim Vol. 6 Siman 410 and Shu"t Avnei Yashfei Vol. 5 Siman 52), so seemingly the halacha is specifically for davening, not for brachos.

Of course, if holding something, or a child actually distracts you from reciting Birchas Hamazon or other brachos, it goes without saying that it shouldn't be done, as the Mishna Berura Siman 191 S"K 5 clearly rules that it is prohibited to do anything during Birchas Hamazon, even a light chore (cleaning the crumbs, closing soda bottles etc.), so just holding a child would be fine, but anything that requires focusing on the thing you are holding is surely asur, and not part of what Rav Elyashiv meant to allow.

1,086) Q: Is it permissible to make an instant noodle soup (you just add hot water and the seasonings) on Shabbos by using a kli shlishi and then pouring that hot water into the instant noodle soup?

A: The issue of Bishul, we can get around, if we determine that all the ingredients are already cooked (common by noodle soup; less common by rice. Also, the dehydrated vegetables and the spice packet that is included with many of these soups, are often not cooked enough to deem them mevushal, so those may be a greater issue than the noodles. of course, you can leave those out if they are what pose the only issue.), and if we do it in a kli shlishi, with a shinui, it would be OK, as far as Bishul is concerned. (The reason why Kli Shlishi would be needed and not just a Kli sheini, is because many of these noodles are "cooked" with steam, and not in water, and thus are deemed baked, not cooked, and may be an issue of kalei habishul, which we would get around by using a Kli Shlishi, based on Mishna Berura Siman 318 S"K 47, who allows pouring hot water from a Kli Shlishi on bread and other baked items.)

However, there is another issue to be concerned with, and that is the melacha of Makeh B'Patish, putting the finishing touch on something, which according to the Rama Siman 318:4 applies to hard food that cannot be eaten without first pouring hot water onto it.

This would seemingly be impossible to get around, and render it problematic to do on Shabbos, unless the wheat noodles are deemed edible even in their current state, as many are, a la Ramen noodles which are eaten raw, in salads, or plain.

There are Poskinm who are lenient with the Makeh B'patish aspect of it, and so long as all the Bishul issues are ruled out, allow one to prepare such a soup on Shabbos, and there are Poskim who are more stringent, so you must discuss with your Rav what is the correct Psak for you.

Also, find out from the manufacturer, or from the Kashrus agency, which of the components in the soup are cooked and which are not, as not every company follows the same process.

See Shu"t Shevet Haleivi Vol. 8 Siman 63.

1.087) Q: Does one omit the brocha "she-oso li kol tzorki" on Tisha B'Av?

A: The Mishna Berura Siman 554 SK 31 rules like the opinion of many Poskim that although we may not wear leather shoes, we still may recite the bracha of She'asah Li Kol Tzorki on Tisha B'Av and Yom Kippur. Most Ashkenazim follow this ruling.

The Arizal held to omit this bracha on Tisha B'Av and Yom Kippur, and many Sephardim and Chasidim follow this ruling. (See Ben Ish Chai Parashas Vayeishev, year 1, Siman 9)

#Tishabav

1,088) Q: What is the source behind a shalom zachor? Are they halachically mandated or is it just minhag? What is the reason that chick peas are served at shalom zachors?

A: It's a minhag codified in halacha. See Rama Yoreh Deah Siman 265:12. See also the Taz there for more details about it, and how it is a "Nichum aveilim" to the child for his losing all the Torah knowledge he gained in the womb. See also the Aruch Hashulchan Yoreh Deah Siman 265:37 for a slightly different custom than we do nowadays. Regarding the chick peas, round food is traditionally eaten by mourners. Since part of the reason for Shalom Zachor, is to comfort the child for losing his Torah knowledge, we eat mourner food. For this reason, some say the shalom zachor needs to be where the child is.

1,089) Q: At a Bris on Tisha B’Av may we wish the father of the baby “Mazel Tov”? What about wishing an ill person “Refuah Shelaima” on Tisha B'Av?

A:We do not greet people on Tisha B’Av, or say good morning or the like. (Mishnah Berura Siman 554 S” K 41)

Rav Shlomo Zalmen Auerbach Zatzal ruled that Mazel Tov for a Simcha may be said on Tisha B’Av since it is considered a blessing and not a greeting (See Halichos Shlomo; Bein HaMetzorim Perek 15 Orchos Halacha 30).

Rav Moshe Feinstein Zatzal, however ruled that Mazel Tov for a Bris should only be said after Chatzos (cited in Mishna Berura Dirshu edition)

It is permissible to wish an Avel Refuah Shelaima, and thus would be permissible to wish a Choleh on Tisha B’Av a Refuah Shelaima, as it isn’t a greeting, it is a Tefilah or a Bracha. (See Gesher HaChaim 21:67:7)

#Tishabav

1,090) Q: if one will be eating on Tisha B'Av, due to illnes, or another valid reason, does he still have to participate in the Seudah Hamafsekes before the fast?

A: Yes, the Seudah Hamafsekes is a distinct obligation of mourning the Churban Bais hamikdash, unrelated to the fast itself, and it has its own halachos such as what to eat, how to eat it, with whom to eat etc. Also, besides for fasting, there are other expressions of mourning that we do on Tisha B'av, e.g. not siting on chairs, not wearing shoes etc. , which one who is not fasting can still observe, so the seudah hamafsekes is a preparation for those items as well, not just for the fasting. (See Shu"t Ohr L'Tzion Vol. 3 Siman 28:2 in the Ha'aros and Shu"t Shevet Haleivi Vol. 10 Siman 83)

#Tishabav