פנורמה של הלכה 15

00:03 Speaker 1 Okay. Good-a gute vokh. And we'll start off with acknowledging our sponsor, who is, uh, as I say there, you first mention the nifter and then you mention the one who's giving the dedication. That's the seder. So the dedication is in honor of the late Aptovia Goltzovel, who passed away two years ago on Purim. He was one of the very early members of Tzach in, uh, Stamford Hill. Very active. I remember the years when he used to be organizing, going around to the hospitals, um, on Rosh Hashanah and on Sukkot for Mitzvah Shofar, Mitzvah Lulav. And he made it his business that every, in every hospital on the, where the reception, there was a bottle of lemonade and some, some, some biscuits or something so that the volunteers when they go there. So obviously, I mean, he ran around from hospital to hospital to put refreshments there. That was before Ezra Omarpe rooms, et cetera. And, uh, he used to make blubber milk. He was a, he was a person who was, who was always looking for ways of, of, of doing good things and, uh, yeah, he was encouraging the young people, et cetera. And, uh, he's zechor l'vorach. And thank you to his, uh, son-in-law, Shlomo, and his wife, obviously, and the daughter, uh, for dedicating for to-today's shiur. Okay. Right. So we've gone-- We're gonna, we're gonna do with-- start with two Purim, two Purim, uh, points. One is, should one who won't hear Megillah say the brochos of Shacha- Shehecheyanu She’asah Nisim.

01:45 Speaker 1 Other way around, She’asah Nisim Shehecheyanu. So we did go through in last week's shiur about someone who is in a place which doesn't-- he doesn't have Megillah, has no access to a Megillah. So we mentioned we have a quote, a quote from Shulchan Aruch, that he should still read the Megillah from a printed, from a Chumash, et cetera, L'zecher, as a, um, as a remembrance of the real thing. Then there was a discussion, should he say, should he say, um, the brochos of She’asah Nisim and Shehecheyanu. So now the question here is because Shehecheyanu and She’asah Nisim is for the, for the day, it says in Gemara about the Shehecheyanu of, of, uh, Yom Tov. Mivorach afiu bashuk. You're walking in the street, you realize, oops, I didn't say Shehecheyanu at Kiddush. So you can say Shehecheyanu for Yom Tov the whole, the whole seven days. What's the story about, um, Shehecheyanu of Purim and Hanukkah? Is the Shehecheyanu on the day or is it on the, on the mitzvah? And here it's not so clear and so there's a Birhat Halacha talks about, the Mishnah Berurah talks about this. And the, the bottom line remains that the, that the ikar brocha of Shehecheyanu and She’asah Nisim is actually only together with the reading of the Megillah, only together with the lighting of the Sh- of the Hanukkah candles. But we wouldn't say the brocha. Although the brocha is on She’asah Nisim is an acknowledgement for the miracles back then, but it's, it's associated. I'm

03:19 Speaker 1 doing an act of lighting the candles. I'm doing an act of, uh, reading the Megillah. And this act is commemorative. Together with the commemorative act, then one is going to say the brocha She’asah Nisim habasenu. But if you, uh, so not like Yom Tov, where the Shehecheyanu is on this man itself, it comes to Pu-Purim and Hanukkah, the understanding is that the Shehecheyanu is on the, is on the, it really has to be done together with the mitzvah of the day. Now, the next point which I want to discuss is something I miss-- uh, on Thursday, I met a, a, uh, a rav, not from Lubavitch community. Friendly, very friendly. And he asked a question. He had seen that there's been some publicity about arranging with, with the delivery companies to be able to deliver shalach manos. And he asked me, uh, and I was a little bit stumped. What's the-- How does it work exactly? How does it work that someone sends an email online, whatever, "Please send, you know, a, a food package to this, to this and this person. I'll pay for it." How does it become... How, how-- Let's say my name is Reuven. How does Reuven fulfill the mitzvah of Mishlach Manot? So this is discussed a lot in, a lot in Poskim, that Shlu- that, that, that Mishlach Manot does not need shlichus in the strict sense. In other words, there's no need to have a bar mitzvah. You can send it with a child, and you could also

05:08 Speaker 1 send your Mishlach Manot. You could also send your Mishlach Manot with a, with a goyish courier, but there is a different story. I've already bought, I've bought a hamper of, I've bought some foods, and then I send it with a messenger. Whether that messenger is Jewish or not, it's Mishlach goy. That, it doesn't need to have shlichus, I understand. But here's a different story. I didn't buy anything. I'm sitting in my office. I'm sitting by my desk, pressing a couple of buttons, and someone takes some food and delivers it to address. How does that become my mitzvah? How did I purchase? How did I-- How was I koina that? That was, that was his question. How does it become, how does it become that that Mishlach Manot is attributed to me? That was the question. I was a little bit stumped. So if it's a Jewish shop, a lot of the Hamisha shops in our area Are, uh, you know, the advertising for this, if we'll, we'll deliver a package, a suitable package. But there, a Yiddisher shop I can understand. I'll pay £20, £35, whatever it may be, and they will put a package, some chocolate and some, some whiskey, whatever, and they'll deliver it. So they are shluchim. They are doing it on my shlichus. I can understand. Well, what was-- I was a little bit baffled and that was... I was a little bit stumped, rather, was if it's a goyische company, if I call up Harrods who have a... And I

06:40 Speaker 1 said, "Deliver a fruit basket to this and this house," how does it become mine? How am I fulfilling the mitzvah? That was really where I got a little bit, um, stumped. And I'll explain the question. Halacha, how do I make kinyan? So we know that you're not kinyan with kesef. Halacha, um, cannot be kinyan by money. By putting down money, I'm not kinyan something. I have to do what's called a hakba. I have to lift it, or I have to... There are various forms of kinyan, but, uh, money is not-- kesef is not kinyan. So that was the, my, my, my question. He asked me how, how does it become yours? So here's a fascinating... And then I was a little bit... And now I want to share with you a svora, and if someone has another explanation, it's, it's fine. There is-- although we've just said that kesef is not kinyan. It doesn't... By putting down money, it doesn't become yours. However, if, let's say, I had something for sale. I had a, a, uh, a sefer for sale, and someone's very keen to buy that sefer. He comes and gives me my, my desired price. He gives me the £20 for the sefer, and I took the £20. The sefer is still in my house. Do I have the right to cancel, say, "No, I don't want to sell it," or as soon as I receive the £20, it's his? So the Halacha is that even if he's given me the money, the

08:14 Speaker 1 kinyan is not-- hasn't happened. It's still my sefer. I can still pull out. But if I retract, if I retract after nesinas moez, there's something called a Mishapora. There's a curse which Chachamim said, if a person doesn't keep his word, there will be-- he will be, um, the subject of a curse. That whoever punished, the Deir Hamabel and Deir Hafloga, will be punished for who doesn't keep his word. So the Halacha is therefore that when someone gives me the £20, he doesn't kinyan, he's not kinyan the safer. But I become committed to the level of, of Mishapora. That if I would retract, it would, it would be a, a morally punishable offense. So now, here we have a very big chidush, that in, in yoni which are dinim de Rabonon, a kinyan for Mishapora is enough to say it's already yours. So I'm going to read the Halacha. And this is from the Alter Rebbe's Madura Basra. It's a long tract at the back of the Shechinach, tiny little words. And, uh, I'm, I'm gonna confess, I never learnt through the whole thing myself because it was so, uh, daunting. But there's this quote. In some complication of ribbis, even a minor kinyan will be effective. If it's a kinyan to the degree, not that becomes his, but it becomes-- he becomes kind of owner to the level of being morally punishable for backtracking on their deal. That's already a kinyan. To remove an issur of ribbis. That's enough. So the Alter Rebbe brings this

10:04 Speaker 1 also for Pesach Shabbos. So what we're seeing here is, although strictly speaking, the sefer is mine and it's not his, even though he's given money, but once he's given money, there is a kinyan for Mishapora that I would not be allowed to retract morally from this deal. So similarly, I'm saying this with a hesitation, but similarly, when I pay online, even though you're gonna argue that Halacha, it's not mine, but there is already a kind of contract on the level of Mishapora, that's enough of an ownership for a mitzvah de Rabonon. And therefore, even if it's, uh, if it's a Jewish store who's doing the shlach manos packages, for sure I don't have to worry because they are Bnei Shlichus. Even if it's a non-Jewish provider, a, a store, I think we have here, um, an, um, a Rebbe says the same, mitzvah shlach manos is Rabonon, so it's enough, a kinyan de Rabonon to say it's a valid kinyan. Let's move on to another... That was a little bit, that was like a bit of a complicated Landeshir Stickel. Let's go over a very practical question here. We're learning in the, uh, weekly, in the evening, the weekdays, we're learning Gemara Eruvin. And here is a question I received. This is from Eretes Roeh. And he sent me this last Friday, like, two hours before Shabbos. I said, "I don't have a chance to look up to answer." He wants to know like this. You've got-- you can see the, the setup. You can

11:33 Speaker 1 see the, the, on the right, it's from the front, and from the left, you see from the, a side picture. So you see there's, that's the, I guess, the, um, gray door. That's the front door of the shul. And, um, there's like a passage in front. Now, it's in a moshav, but they don't have an eruv in the moshav. It's not a frum moshav. His question is, it looks like because of lockdown, et cetera, that they would be davening only... Well, they'll be davening near the shul, not in the shul. So now he's asking, is he allowed to carry- In this passage right in front of the resh. Is it allowed to stand with a siddur inside this area over here, which I'm pointing to with the, with the, with the arrow. Is that called a reshus hayachid? So now I hesitated, and I want to share with you there's a concept which you learned in Gemara of Pi Tikra Yored V'Chosim. That, th- uh, what's the problem here? It's an air passage. It's only got two walls. To be a reshus hayachid, it has to have at least three walls. So how do we get the third wall? So my thought was possibly the overhang of the roof would count as, as, as a wall, as an imaginary wall. Because we've got the concept, Pi Tikra Yored V'Chosim. The edge of the roof is considered as if it were a, a wall. However, I'm pleased I looked it up. I didn't answer him right

13:04 Speaker 1 away because it actually does not work with a hori- with a diagonal roof. See, here you've got the quote from Shulchan Aruch. Seem- this end of Siman shin samech alef. Yesh omerim she'ein... The second one. Yesh omerim she gam tzorch gam ken she lo yehi pi ha-tikra meshupa k'gagen shel lonu. A sloping roof won't have the din of, uh, of, of Pi Tikra. She'ein bohem, she'az ein bohem peh. That idea that you say that there's a, the end of the roof, Pi Tikra, doesn't work. V'lo amrinan ela pi tikra yored v'chosim. It would have to be a flat roof. It would, it, uh, horizontal. Diagonal would not work. I see someone's asking a question. Perhaps we should say that this diagonal, uh, po- uh, the diagonal, uh, piece of wood should work as a suras hapesach. Good point. Okay. I, I didn't think about it. I didn't... I was just, I was actually just thinking just of the roof itself. Not sure. Um, it would still, you still only have one and a half, one and a half sides. What I did tell him, a simple thing, is you can add what's called a lechi. You can add a vertical pole, and that would be, hopefully, on the, on, uh, the wall. You see, under the way you've got this brown wood. Oh, here it is. Oh. So to add a piece of, a thin piece of wood, it can be even a, uh, even, like, a, a couple of centimeters wood, uh, thick. To

14:47 Speaker 1 add a piece of wood down here from, like, tenth, the top tenth tefach from the ground till here. To add a thin piece of wood, that would be called a lechi, and even though it's only a tiny, uh, width, will be enough to create a third wall, and then he'd be allowed to carry in the, in that passage. Okay. Some earlier in the week, we go on to the next point. Someone asked about the minhag of plucking, uh, grass when leaving a, a cemetery. So this is written in, in Mechaber, in Shulchan Aruch, in Yoreh Deah, Sinayim Vav. It's also brought in Kitzur Shulchan Aruch. In the Mechaber, it's in the context of after a, a funeral, after levaya. In the Kitzur Shulchan Aruch, it says, "Whenever one leaves a cemetery." So we're gonna read here. There's a f- quite a few reasons given. No jagim, I just, I took from the Kitzur Shulchan Aruch. You have here the source in Kitzur is Siman quf tzedek tes. It's one of the last simanim in the Kitzur. No jagim k'she, k'she holchim m'beit hakever. It's customary when taking leave-- when leaving a beit hakever. Tol shm hasabim. One plucks some grasses. U'mashlichim acharei gavam. And throwing it over the back. V'yomerim, um, v'notzei, zochor ki ofar anachnu. Remember that we are dust. V'gam huram as l'techias hameysim. It's also a reminder to allude to the resurrection of the dead. Sheyichyu miaforom. That they will arise from the dust. Al derech, as it says in Pasuk, v'yotsitzu

16:20 Speaker 1 me'ir k'esev ha'aretz. They will sprout from the city like the grass of the earth. So we've got this minhag, and we, we, we can, we can saw also the Rebbe was also knowing this minhag when he left the, uh, oil, et cetera. So, um, we pluck grass. In, it happens to be in Enfield, there's like a, a dearth of, uh, of grass in the, as you go out. But I also, either I, I, I find some grass. It doesn't say clearly where you have to pluck the grass. Inside or once you've left. Sometimes I, just outside as you, there's a grass verge. So sometimes we would stop there and pull out. I, uh, which shoulder? It doesn't say. Um, if only you're using your right hand, it's easier to throw it over your left shoulder. So, uh, or the, it doesn't... That, that, that much detail it doesn't say. I mean, as we already asked the question, why over the shoulder? I don't know. Po-possibly this is like at the same time to kind of distance yourself. Yes. We are making remembrance, but, you know, we have time to, till, to, till we get there. Right. Let's move on. Um, so now, last week, we had this discussion about using a child, a boy of under bar mitzvah, to make up the minyan, b'shaat chadchak. And we ma- we, we, we had from, uh, Sh-Shulchan Aruch, some Ashkenazi poskim do allow it, b'shaat chadchak. And so the, there was the question, does it work for

17:53 Speaker 1 Kriyat HaTorah? Because to remind you what we did say, even if you would rely on the, the cotton to make up your minyan, it would only be for the mandatory kadeshim, not for the voluntary kadeshim. So the Kaddesh Yosem it wouldn't work for. It would only be allowable for the For the, uh, Kaddish before you-- you know, after Yizkor, and the one after Shemoneh Esreh, and the one after Uva L'Tzion. The other Kaddish wouldn't work. So then the question came up, what about Kriyat HaTorah? So it's an interesting-- the Seforais Lekanes, Seforais-- the Seforais, the thoughts either way. So let's first take a look at the... On the right, we have a quote from the Igrot Moshe. He says that, um, about a child, one should be, uh, uh... If you're already relying on the child, you could, you rely for Kriyat HaTorah because as we know, Minchadin for the seven Aliyahs, you could have a child also as one of the seven Aliyahs. Now, not so Poshut because, um, there are those who say that the se- a child, uh, making up the seven Aliyahs is back then when they used to have the only two brachas, one at the beginning of the whole se-uh, series of Aliyahs and one at the end. But now that everyone makes their own brachas, some say a child is not making up. Akopani, there is an idea of a child making up the, the, um, the number of the Aliyahs. Therefore, there's more of an argument that

19:21 Speaker 1 he should make up also, um, to make up your minyan. But Moshe also had-- Now I'm going to the, to the left side of the page. But Moshe has an interesting Seforah. If you are relying on a Kotan to make up your minyan, well, repeating the Shemoneh Esreh only, and, and it's not justified, would be a question of Bracha L'vatala. So he says, "I've got a s-- and I've got an idea to, uh, to, to minimize the question of Bracha L'vatala. How about one of your adults not davening with the other people, and he will come to Chazzan and he'll say his own Shemoneh Esreh aloud. In that way, you've avoided the, the question of Bracha L'vatala. And that could also be done on Shabbos. That the one who the, that one of the people, one of the men will just say his own Shemoneh Esreh aloud. And of course, then he'll have to say, yeah, Elokai Netzor at the end of it, Sim Shalom quietly. Okay, fine. That's his suggestion. But meanwhile, coming back to Kriyat HaTorah, some are saying that you can't rely on a Kotan for Kriyat HaTorah. Others say no, that actually there's more argument to, to, to allow a child to make up the minyan for Kriyat HaTorah. So I think that remains the bottom line, that if you, uh, are going to rely on the Sha'at Shachat to bring in a, a, to allow a child to make up the minyan, you could allow it for Kriyat HaTorah also.

20:46 Speaker 1 That seems to be the, the, um, majority opinion. Um, someone-- I'm going to the chat for a moment. Someone's asking, when does the slope of the roof become diagonal? Anything less than ninety degrees. I think ninety degrees. Uh, y- um, oh, that's a good question. That's a good question. All right. We'll have to... You're saying it's slightly sloped. Does that also m-take it away from being a pitikra? Yeah. Um, all right. I have to look in the Macharonim of Shin, Shin Samech Alef for more detail. Okay, let's move on. So again, we're still dealing with the minyan story. And there's a-- But this is a-- I got this question, actually. It was-- We discussed this once on Shabbos, and Sunday morning I get this question from someone in the United States who's, uh, he's corresponded with me before. He's got a small, one of these small, uh, pro-provinces somewhere upstate New York, and they struggle for a minyan. And okay, so they have their m- their minyan, and people want to get to the, get, get leave on t-um, in good time to get to their offices. But one of the people is a very Frum fella, and he's taking a long time in his Shemoneh Esreh. So you got these guys who are, you know, tearing to get it, to take their tallit and tefillin off to rush out the door. And this fellow is davening Shemoneh Esreh, and they're only into ten people in the room. Yeah. It looks, uh, this looks a

22:14 Speaker 1 familiar scenario, yeah. So looks like a very familiar s-scenario. So he's asking, "Is there any break on that? Do we have to wait for the tenth person, for the ninth person to finish Shemoneh Esreh?" So we're gonna look at the Halakha. This is in Siman Kuf Chof Daled in Al Trei Bais Yochanan. He says like, he quotes here, "Keshe Shliach Tsibbur Chozer HaTefilah. Vayichad She-- " When the Ch-the Chazan repeats the davening, "Yesh L'kol HaKor Lish tok," the people should be silent. "Ul'chaven L'brachos SheMvorach Shliach Tsibbur Lane'as Amen." To, uh, focus on the brachas which are being said and to answer, "Amen." "DeNi Yatz." This is a Feloshim from the Rosh in Shavas HaRosh. "VeIm Ein Tes Mechavenim LeBirchoso." If you don't have nine people focusing on the brachas of the Chazan, "Kor Av LiYos Birchoso L'vatala." It's close to the brachas being said in vain. Why is that? "Ki Chazorat HaShliach Tsibbur Nitakna Lo BeBasara." This institution of repeating the Shemoneh Esreh was instituted davka when there are ten people. "U'keshe Ein Tes Mechavenim LeBirchoso." If there's no nine people fai- uh, f-focusing, "Nire Ki Bracha L'vatala." It looks like... It's like interesting language. Kor Av and Nire. "L'chein Kol Adam Ya'ase Atzmo Ke'ilu Ein Tes Zuluso." Therefore, every person in shul should, should consider that there's no nine people without him, and he is crucial to make up the minyan. "VeYesh Ligro BaAnashim Shelomdim Be'es Chazarat HaShatz." One should reprimand those people who are studying Torah or whatever during Chazarat HaShatz or saying

24:03 Speaker 1 Tachnun. Even if they kind of zo- um, home in for the end of the bracha to answer, "Amen," it's con-- i-i-it's, it's still Lo Ya'av BeHeim Oisim. And then he explains a little bit more in the brackets. Why is it so important? "SheIm Ein Tes HaMechavenim L'tchilat HaBrachos." So then the beginning of the brachas are L'vatala. Because Chazarot HaShatz, last three lines. "Tiknu Chazarot HaShatz K'dei L'hoitzi Et SheEinei Boki." The institution of Chazarot HaShatz was to acquit the one who's unable to daven on his own. "VeEinu Moitzi Yo'er L'keshet Tes SheMinoy." The setting to be Moitzi the Einei Boki is only when you've got, um, nine people listening. And if there's therefore-- So therefore, we do see it's very, um, clear that it's crucial for Chazarot HaShatz to have nine people listening. And if one of the davening Shemoneh Esreh, I'm afraid he doesn't-- he's not-- He's, he's, he's busy doing wonderful things. He's not gonna make up your, your minyan. So back to the pressure. What's the alternative? So if you know that one of your te- nine people, ten people is very slow, so then the alternative is that one of the people, one of the, uh, will, will not daven the quiet Shemoneh Esreh, and he'll take over, um, the loud Shemoneh. He'll daven his own Shemoneh Esreh out loud, and for that, for that you don't need to have Tisha B'Av. For that, you only need-- you have to have six people who are able to answer. So again, when it's

25:40 Speaker 1 a, a repetition of Shemoneh Esreh, then it's crucial to have nine people listening. When you say your own Shemoneh Esreh aloud and tha- thus, thus enabling people to answer Kedushah, so long as there are six people who are able to answer, and there are ten yidden in the room, including yourself, then you'll be, uh, be allowed to say further. So that's one solution. Okay. Let's go and read some of your, um, quite a few comments over here. I'm not sure whether ... Okay, I'm... There's someone, um, so it's, it's okay. Um, someone is saying that, um, he remembers when he was his-- with his Zayde, someone with the name of Rabbi Novitz. With his Zayde, there was a Premishlan minyan in Hampstead, and he was counted as part of the minyan when he was under Bar Mitzvah. So yeah, probably they were struggling for a minyan. Hampstead wasn't then of such a Hamisha place at the time. See, when, when this person was a little boy. Yeah. So-

26:45 Speaker 2 I'm asking, when you're saying that someone should, uh, that someone should stay and not daven and, and say the... Is that till, till after Kedushah or the whole Shemoneh Esreh-

26:54 Speaker 1 The whole She- whole Shemoneh Esreh. Whole Shemoneh Esreh. Yeah. Um, it's a bit of Shaas Hadchak, but that's, that's an acceptable alternative. Okay. So Rab Salman is asking, this day and age in Hamisha Shul, everyone davens themselves. Chazar Sashatz is mainly to keep the Takana and for people that are not in Shul. That might explain the Korov and the Nire. It's not saying it's absolute Bracha of Atola Gemura, but it does need to keep to the profile of the original Takana, and the original Takana was with nine people, um, answering, and therefore that's why it's Korov and Nire, and that's why it's crucial you do have the nine people who are listening. Okay. Now, someone else is writing that in one place where you have a minyan, not everyone is up with the minyan, and one of them is at the point where they're unable to answer. So if someone is almost up to Shemoneh Esreh, we get him to take over for the Chazan and make... Well, he... Well, I would say not just a whole Kedushah. He should say the whole of Shemoneh Esreh aloud. So if we have-- Let's repeat that. You had six people davening, and then you turn around, well, the one fellow is, you know, in Ezras, et cetera. He's just put down his tzitzit, um, Kush the tzitzit. So now, um, you ask him to take over. Yeah. Well, that, that's, that's the reward for being late, is that he can, he can be the Chazan. Um, and

28:14 Speaker 1 he just stays with the Chazan till the end of davening. Yeah. Um, just I must throw this in that, um, did Ash-- Did Achashverosh daven Nusach Ashkenaz or Nusach Sefard? Famous question. So the answer is he must have davened Nusach Ash- Nusach Sefard because it says, "May Hodu ve'ad Kush." First, he said Hodu, and then he Kush his tzitzit at the Baruch Sharma. In, in, in, in, uh, Nusach Ashkenaz, it's first Kush and then Hodu. Okay, um, let's move on. Yes. Whoever, whoever d- and does his quiet Shemoneh Esreh aloud would have to say Aleinu quietly, and also want to clarify that he would, um, have to step back three steps. Normally, the Chazan doesn't take three steps back at the end of a Shemoneh Esreh because he relies on the three steps at the end of Kadesh Shalom, whether by Mincha or even by Shacharit, after a Volitzion. Most of Shalom in Rome, if he takes three steps back. So those three steps are his kind of departure from Oymed Lifney HaMelech. But when a person uses his private Shemoneh Esreh as the Chazar Sashat, so to speak, so then he would have to step three steps back when he finishes Aleinu Shoneh Esreh Shalom before continuing. Right. Um, let me just go back to the chats again. Um, at Ma'ariv, you don't need to have nine. That's correct. You, you don't have to have nine to finish Shemoneh Esreh. If one person is davening longer, you could, um, say, uh, the Kaddish, but

29:50 Speaker 1 you might get a Broges. But that, that's a separate story. That's, uh, Ben Adam Lechavere. Um, right. But you might get Broges for the people to-- who, who are waiting. So fine, you'll have to work that out. Right. Um, so Naftali is asking, if six people have davened Shemoneh Esreh, and let's say six others in the room, but one of the six has not davened, uh, finished Shemoneh Esreh, does one have to wait for him? No. You, if you have s-- If you have nine people who are able to answer, whether because they, uh, have finished Shemoneh Esreh or because they are in Psukah d'Zimra or earlier, so you're not Machuyav to wait for the one-- the, the, for the other people, um, unless you want to do the Mechased and, and other people are, are, are okay with it. Yeah. Um, about Birkat Cohen, we'll have to leave it, leave another time. Um, how many people does one need to answer the one saying aloud? You need to have, uh, six people. That would be enough. Um, Birkat Cohen, as in the king of a Kohen, you say normally.

30:57 Speaker 2 Only six people to answer Amen or six people to have davened with you Shemoneh Esreh?

31:03 Speaker 1 You need to have... Well, to do a full Chazar Sashat, so the full of Shemoneh Esreh aloud- If you don't have six people, you just do a ​​‎חֲכַכְתְּ דּוֹשָׁא. But if you have six people, and so then you can get someone who hasn't דָּוֶן to say the whole Shema Yisrael out. I hope that answers your question. Okay. Does the חָזֶן do three steps at the beginning of Chazara Hashatz? I mean, if, if this is his quiet Shema Yisrael, of course, he has to do three steps. Okay, let's move on. Um, okay. Another totally different question, very common question. If someone removes a mezuzah to have it checked, does one say a bracha? And so there are... And if some people will say, uh, various opinions are said about this, and what I've got here, a quote, is from a Sefer called Sechel Tov. And Sechel Tov is written by a Sephardic shade, uh, by the name of Harav Tsuriel Taasa. I find him one of the best forum on Hilchos Mezuzah, and he, like, brings the various opinions, and he says, "When you read the Hamushotaf, the Choladeas, the, the common denominator of all the different opinions is the concept of Hesced Hadas." So if you take off your mezuzah, and you take it off, let's say if you are one of the do-it-yourself guys, and you open up the mezuzah, you see it's all okay, you put it back, you don't have to make a new bracha. If you take off a mezuzah, and

32:25 Speaker 1 you're going to give it to a sofer, and it's going to be at least, let's say, if it's overnight, so then there's been what's called a Hesced Hadas. There's been a distraction of focus because most of us don't think of mezuzahs when we're sleeping. Therefore, there's been a distraction of those, what we call Hesced Hadas. Then when you put, when you put up the mezuzah the following day, you'd make a bracha. There are those who disagree with this, but that seems to be the vast, uh, consensus, the vast majority of the poskim, that if there has been a clear Hesced Hadas, a clear, um, lapse between when you took the mezuzah off and you're putting it back on again, you would make a new bracha. Thank you for reminding me. Going back to question number seven. If the tenth man replaces the chazan for Chazarot Hashatz, does he main as chazan until the end of Shacharit? That's optional. It's optional. If he's, uh, if he's okay to stay till the end of Shacharit, it's fine. In other words, the question which the fellow in, this fellow in upstate New York was asking, did the chazan who was there by Yishtabach, does he have to take back the cha- the amid after, uh, after this, uh, replacement for Chazarot Hashatz? There's no, there's no que- there's no need for him to sta- take it over again. And there is permission to switch chazan in the middle of davening. It's, uh, it's may not be the most

33:46 Speaker 1 popular thing, but it is, it's, it's legitimate. And sometimes when there's a shortage in places where they are in the sh-short of, of, of a ch-- and there's two chiyuvim, they will sometimes switch over at the Volotzin. It's not a problem to switch over i-if necessary. Does a chazan... So, I have a hiding scroll. It's asking, does a chazan do three steps at the beginning of Chazarot Hashatz? Interesting question. In Sefer HaSichot, I think Tov Shin Dalet, Beis Nissan, there's some interesting lashonus over there. But certainly, I can tell you l'maaseh. L'maaseh, the chazan goes back three steps at the end of his quiet Shema Yisrael, and then he takes three steps forward, and he does not do... In other words, uh, he doesn't do twice Hin and Sdic, Hin and Sdic. He goes back at the end of his quiet Shema Yisrael, and then he walks forward three steps, and he starts Chazarot Hashatz. Let's move on. Okay. So here was a s-serious question. A shliach somewhere in Europe asks me the following. Till now, they've had a, they had, they have a communal kitchen of some sort. I'm not sure exactly, but they, they'd have a kitchen which they provide for the community. Until now, they've had a, a Shomer Shabbos cook, and now the Shomer Shabbos cook is leaving, and they're looking around at a small community, and it's not so likely they'll get a Shomer Shabbos cook. Can they employ someone who is not a Shomer Shabbos? And that person should

35:25 Speaker 1 be the... And the question is, can they be the cook, and is it called Bishul Akum? And then, uh, what about checking vegetables, et cetera? So we've got this famous loshon of Mechlal Shabbos BeFarhesia, that a person who is so, um, so, uh, reckless, if that's the right word. I'm looking for another word. But that they're about-- They, they're so blase about Shabbos that they would violate Shabbos even in the presence of 10 people. So they, as this Thank you for reminding me. Now we have this loshen, and this is a Mishnah Brurah, this is in Hilchos Eiruvin. Because we have a legabie eiruv in relation to eiruv, a person who doesn't subscribe to the concept of eiruv can't, can't join, can't join with the eiruv. So this is in Siman Shin Peh He in, in Ohr HaChaim. It says, if a person's mechallel Shabbos only b'tzina, only discreetly. Ve'im mitbayesh la'asos zeh bifnei adam gadol. If he does violate, but he wouldn't do so in the presence of a adam gadol, of, of a, uh, chashuv, a person. Ach she'oso zeh bifnei kamar anashim, gam zeh l'tzina yeuchshev. So Mishnah Brurah brings here from this, from earlier poskim, um, that if the person would hesitate to violate Shabbos because of a adam gadol, then that's enough to say that they're not mechallel Shabbos b'farhesia. So here, this basis on the Gemara in Eiruvin, I think it's Daf Samech He, we have about hahu denofech bechumrus de-medusha. A person was wearing a kind of ring

38:23 Speaker 1 which a Yid should not be wearing on Shabbos because of carrying. And he, chimah de-chazah l'Rab Yehuda Nasi. He saw Rabbi Yehuda Nasi. That probably is the grandson of Rabbi Yehuda HaNasi. Chasya, he covered it up. Omar, so Rabbi Yehuda Nasi said, k'gon zeh m'vatel reshus. This person we can rely upon for hilchos eiruvin, that he's considered, uh, he's, means he, he keeps the dinim of, of Shabbos. So what we're seeing here, this is the basis of that psak, that someone who violates Shabbos, but he would be embarrassed to do so in the presence of, of a chashuv, a person, that is not called mechallel Shabbos. So this, uh, shliach in Europe, he's saying that this, this lady he wants to employ as a cook, she wouldn't be mechallel Shabbos in his presence. So is that, um, is that e-e-enough to say she's not mechallel Shabbos? So you see here, these poskim, and they're saying that that would not be called mechallel Shabbos b'farhesia, because they would be, uh, they would be apprehensive to do so in the presence of a adam gadol, or the local rabbi. That's, you know, that's the greatest, uh, adam gadol in the, in that part of the world. Having said that, in the Minchas Yitzchok, he's asked this question, Rav, uh, Rav Weiss, and he refers to an earlier sefer. Um, this sefer is called Torah Samayach, which I managed to, to locate. And he says an interesting thing, because this is news. Because always we're saying, mechallel Shabbos

39:54 Speaker 1 b'farhesia, what's, what's, what's, what's this business of, uh, because of adam gadol? So he says, in the Gemara there, it's talking about of a, a drabonon violation. A vi- a rabona violation, then if they wouldn't do it in the presence of a, of a adam chashuv, they're called shemet, shemet Shabbos, not mechallel Shabbos b'farhesia. But if it's a, if they are violating on a isur m'na Torah, then even if they, even, even the fact that they wouldn't do so in the presence of an adam gadol is not of enough of a reason to, to, uh, prevent them from the status of, of, uh, mechallel Shabbos b'farhesia. So again, someone who would be mechallel Shabbos in the presence of, in, in public, but they would do an isur d'oraisa in the presence, in, in public presence. But in front of the Rav, they wouldn't smoke a cigarette. In front of friends, they would, but in front of the rabbi, they wouldn't. So according to this sefer, he's saying that they would be considered a mechallel Shabbos, um, b'farhesia on that basis. Okay, so here we have the parameters of mechallel Shabbos b'farhesia, um, and they hesitant in front of a adam gadol, so we have here a dispute. Coming back to the story with this kitchen, I felt that the whole issue of m'cha-- of, of, uh, Bishul Akum is a din d'Rabonon. Therefore, we have machlokes, we can rely on the more lenient opinion to say that they're not, they're not, not considered mechallel Shabbos,

41:21 Speaker 1 and therefore we, we are, we are allowed to employ them. Shliach said in any case, he's gonna be there on, on b'klal on a daily basis, and he'll go, he's got, he, he's very regularly there. And there's another opinion, which I mentioned not so long ago. There's an opinion which says that the isur of Bishul Akum is only from a, a colleague. But if it's an employee, as a servant in a Jewish house, the isur of Bi-Bishul Akum doesn't apply. And here we're talking about a Yid after all. But the, uh... So there's, there's several, several, uh, bases to be make up. When it came, however, to talking about, um, checking the vegetables for bugs, then I said that you can't rely on, on this lady. If, if a person, this kol hachoshid al davar lo yidonu bo meidai, a person who's suspect on a particular inyin, so you can't ask him to be a te- a witness and can't, uh, to be a judge. If they're not concerned about it, they can't be acting as, as, as a, uh, as an authority, as, as a, to be, to be supervising it. So all right, so that's like many restaurants. They'll have a mashgiach, so the shliach will uncheck the vegetables. Uh, everything else, he has full control. He's confident he has full control of the supply, et cetera. But, uh, with the vegetables, he'll have to go and check the vegetable, he himself or his wife, whatever. And everything else, the cooking, as far

42:36 Speaker 1 as Bishul Akum, we can rely on this, uh, this lady. Does the chazan for Shemoneh Esreh need to say the Kaddish after Avodah Zarah? So I don't think so. As I just said before, that sometimes they have, uh, a case of, uh, two avalim, one let's learn, and they will switch over at sh- at, at, um, Ashrei, Avodah Zarah. And the second one will say the Kaddish. And he says, fis kal v'tsluisen. The vort is like this. The Shemoneh Esreh is not a private business. If I did Chazarat Hashatz, it's not my private thing. It's, I did Chazarat Hashatz for the whole tzibbur. So when the chazan, chazan number two says, fis kal v'tsluisen, and referring to the Chazarat Hashatz, it's not his, it's the tzibbur's Chazarat Hashatz. It's not a problem. Okay, let's move on. Okay. Oh, so someone asked me the following question that we've gone through this perhaps before, that the berakhah on a vegetable soup is ha'adamah. As if you're cooking vegetables in order to eat the vegetables. So then if you have a bit of the liquid, even without any vegetables, the berakhah is ha'adamah. So he's asking... But that is only if you cook the ve- you cooked it for in order to make vegeta- but how to eat the vegetables. But if you co- cooked it because you want the liquid, so then the halakha is that the liquid is, that, that the soup is, is sheha-kol. And then, and so he's asking the question. Now, I, I'm

44:11 Speaker 1 gonna tell you, bedidi haba ovda. I was a, uh... 40 years ago, I was a shliach in Melbourne, and we had a guy, we had a cook in the yeshiva, and this wasn't a very big building. And so she would make a big pot of chopped up apples and put it on a low fire, and they would st- stew, and then she'd make a compote, a, um, a dessert like this. Perhaps she would puree it, I don't remember. But meanwhile, we would sometimes sneak into the kitchen and take a ladle, and ladle out the liquid at the top of the s- the apple stew. And it tastes mamish, I can tell you, it tastes mamish like the commercial apple juice. It was... So now, you've heard the shailah azai. She cooked the vege- the apples in order to make apple stew. So in her mind, this liquid is tafal to the apples. In my mind, I'm going to now have a sneak, um, preview. I'm going to have just, um... Thank you. It's not Libre, it was Luba. Thank you. A, a fellow Australian is a- adding, um, Rabbi Heidingsfeld, yes. Luba, Yu- Yugoslavian cook. She used to tell, there was a Russian Jewish lady who used to help her in the kitchen. So Luba wasn't Jewish, she was Yugoslavian. And he-- the Russian Jewish lady would come in the morning, so Luba would tell her, "Go wash negel vasser before you start touching the food." At any rate, so here coming up to our

45:35 Speaker 1 question. Does it go according to the, um, the cook, or does it go according to the, the consumer? That was the question. So just let's run through that this is the, how I've worded it, the syrup of the apple stew. So here we have the following halakhas in the Alter Rebbe's Sefer Ha-Negin. Chaza k'sheshon, bishul da'as l'ochlol im meimei'an. When does a liquid become ha'adama or ha'etz if you had cooked in, with the intent of having the food together with the liquid? She'oz teras morok alei'em. It's called morok, um, which in modern Hebrew is used for gravy, but it doesn't matter. Aval im b'shonah bishul ish tes mei meian leb Adam. If the purpose of the cooking was actually for the liquid, like borscht, et cetera, so then, then it doesn't-- it's not called morok. It's not called the soup as such of this food. Elo sheim mashke. It's a liquid. It's a drink. Well, therefore, the berakhah is sheha-kol. And that's why we have a drink with cooked leaves. Cooked leaves called tea in English or Yiddish, tey. Or epel kvas or jagod's kvas, which is, um, sometimes I don't, I don't know why I switched out their order. Epel kvas is obviously some kind of, um, apple drink, and jagod's is, is, be- berries. Uh, the, the drink of tea is y- y... I'm just saying, I don't know why, but it's in kavi. But the, the coffee, tea, et cetera, the main purpose here is the liquid. It's not as if you

47:00 Speaker 1 are, uh, want to eat the leaves. So then therefore, the berakhah on tea is sheha-kol. So coming back, so here's, uh, my question with w- our, our sneak preview of the compote. Is it sheha-kol or is it ha'etz? My, my intent, my... Don't ask me what I did 40 years ago. But, um, my, my in- my feeling is that it goes according to the cook or the norm, because what we're seeing here, he says, "That's why on tea, it's sheha-kol." But, but the nor- in, in apple stew, the juice in apple stew is there for, uh, for part of the apple stew, and therefore it should be ha'etz, even though you are actually, um, have your own kavanas. Let's move on. Okay. Bishul akum for vegetable soup. So you can see here, this is from someone in the United States, Trader Joe's, and it's a soup powder, and you mix it with water, I guess, and you boil it. And so they're asking, is there a question of bishul akum? So is there a question of bishul akum? Mechirah on a soup powder, I hadn't thought about it properly. Um, but l'chayeh this has been first made into a soup, then dehydrated. So when it was made into a soup, does it become a bishul akum, et cetera? So one of the m- mo- very important rules in bishul akum is if it's nechel k'mo sh'hu chai, a food which is edible raw doesn't have a problem of bishul akum. A food that is inedible

48:32 Speaker 1 raw, then it can be bishul akum, provided it's a chashuv food, which will be olah shulchan m'lachim, which would be served at a royal banquet. So now-

48:41 Speaker 3 Can I just-- Can I ask the, the question is canned vegetable soup. I understood because canned vegetable soup has a different process than regular cooking. That's how I understood it.

48:55 Speaker 1 Okay. Oh, well, we'll have to deal with that. Yeah. Okay. Sorry if we're wording it wrong. Uh, I, I, I see there between the-

49:02 Speaker 3 It's, it's, it's steamed, not cooked. That's another term, bishul al machinin.

49:07 Speaker 1 Okay. I'll, I'll come to that. I'll, I'll come to about it back to that soon, yeah? Let's meanwhile deal with this, what we have in m- ma'aleh shel afoneinu. So on the right side, we have here, um, it's made with carrots, organic carrots, organic celery, organic tomatoes, organic carrot juice concentrate, organic tomato paste, organic leeks, organic onion powder. This is Gevaldik. Um, or a- a component, the majority of these ca- these ingredients are a food which are edible without cooking. And therefore, I don't see a problem of bishul akum on the things on the, on the right side in this, this vegetable bro- broth. On the left side, we have here it's made with potato and butternut, um, which seem to be the majority, you know, of the vegetable ingredient. Those things, as far as I know, are not edible raw. And the butternut soup is a ganz g'schmack, and it would probably be a-- it would be served at a chasuna, et cetera. So then it would be subject to bishul akum. So that's, that's the, that's what I would say. You have to look at the ingredients, if they are edible or not. Now, so now, uh, the, the Rabbi Liu mentioned and Rab- Rabbi Ari is mentioning about cans being steamed. It's not as simple, and I'll tell you why. They... Le-let's explain the background. The lotion of the Gemara in Avodah Zarah, the smoked, I think the lotion of Rambam, the smoked, the salted and the smoked are not included in

50:33 Speaker 1 this prohibition. That smoked, like smoked salmon, is not included in the issue of Bishul Akum. So that's smoked. So some poskim say steamed is the same thing. We can have steamed fish. So they say that steamed fish is not in... It's, it's like smoked fish. It's not Bishul Akum. The problem is that the, the food in cans is not cooked in steam. The food in cans is cooked in water or in brine. It-- the heat is provided by steam. They're put into what's called a retort, a very large oven, and they release steam. Very hot steam comes into the oven, and the steam cooks it. It's... but it's not that... It's not cooking in steam. It's cooking in water, which the water is cooked by steam. So therefore, it's not such a fully... I mean, Bishul Asse Hachag, you can rely on that. There's a tshuva also, Rav Padwe in Chesheiv Heibed has a tshuva to be, to find heterim for, um, for canned vegetables, et cetera. I want to tell you that I had once, going back about 30 years ago, there's a family here in London who asked the Rebbe for a brocha. They were having some struggles, and they asked the Rebbe for a, for a brocha. And the Rebbe responded to them, they should be z- careful about, about kashrus, zahir as b'kashrus. So they, the ka- family contacted me, and we sat down, and we went through their whole list of their, you know, their, their, what they buy, the

52:00 Speaker 1 products which they use at home. And one of the things they were using canned, the, the kind of canned commercially cooked stuff. So, so whilst there are, as they say, there are mekilim because of steamed, and Rav Padwe has another heter because of shita sora onish nogeh. There are heterim, but I felt that was the one thing which I could see of their, their list of, uh, their menu or their weekly usage, which I felt that was one thing which could be more mehader not to rely on, on the canned vegetables without being Bishul Yisroel. Um, you're mentioning, I want... You're mentioning there, um, that you wouldn't serve at a chasuna a soup made from a powder. That's a good point. The question is, what was the soup before it was made into powder? Was it an edible soup? Let me just throw something. In the discussion, famous discussion, are chips, um, um, uh, potato crisps. Are they an issue of, issue of Bishul Akum? So even if you're going to take a lenient view on that, but, but Pringles, do they still exist? I don't remember. But Pringles were, was, was a worse problem because the Pringles are first made into mashed potato, then they are made into this form which looks like a saddle to me, and then they are put into the, some kind of fryer or whatever to... However they are fried. So therefore, before the Pringle becomes the finished product, it's already mashed potatoes, and mashed potatoes is already edible.

53:31 Speaker 1 So once it's already become a mashed potatoes, it's already a royal achilah. The fact that later it's gone through another process is the mashu... You take to- a bread which was, um, a pas akum and pop it into a toaster. It's already become, um, a pas akum. It doesn't help to recook it afterwards. So that's why there's this question, if the soup was already Bishul Akum before, it wouldn't help that it was then reduced into a powder, et cetera. Okay. Yeah. Um, we have here in Ha'arah that smoked salmon is sometimes are known to be smoked with treif meat, and that's why it does need to have a, uh, at least a visitation to the plant, um, um, um, Mizmaon Izmaon, to confirm that the, that the, uh, company don't, doesn't do other, other foods on the same equipment. Okay. Let's move on. Have just a couple of minutes left. So someone asked here about... This is, we're not there yet. About using... Someone asked me on Friday morning, "Can you use a chemical hand warmer or foot warmer?" So you got this kind of, you, it's, uh, like, like a pouch, and you press something, uh, and it releases, makes a chemical reaction, and starts making it warm. People go skiing or people who stand, you know, many hours in the cold weather, they sometimes put them in their boots, and it keeps their feet warm. Ask are you allowed to use that kind of thing on Shabbos. So a few years ago, they

54:55 Speaker 1 came up with, with this, these, these meals, these, um, which you can release and warm, warm them up. I was thinking about that, Shaula, and I thought that is a problem of Hatmona Bedava Musef Hevel. You're releasing the, the, the warm, uh, reaction, so it's, you're wrapping it in something which is increasing its heat, which is clearly also. But now that he asked me about this foot warmer, et cetera. So I did a, a brief search, um, on, you know, various things which I can't use on Shabbos, and I see it is addressed by numerous, especially in Eitz Yisroel, because you have, you know, you know, frum achayalim who are, uh, out sometimes on, on the guard for, for hours and hours on Shabbos. And basically, they, they, they said there's a problem of moled, of creating a new entity. So there is this concern of, of, of making that reaction would be under issue of moled. What they do say for the achayalim in Hermon, the, the, uh, the soldiers, one has to take a more lenient view to enable them to be able to manage out there. Uh, after all, they're doing what they're doing for Pikuach Nefesh, so one takes a more lenient view. But generally, they take the view that you shouldn't use these foot warmers on Shabbos because of, um, because of moled. You're creating that chemical reaction would be like you're having, uh, um, like taking, um- Taking ice and making it to water. So you're making a new

56:17 Speaker 1 entity. So some of them bring-- some of the contemporary poskim say that this would be the same with the foot warmers. Finally, we have this, uh... Let's, uh... I-- Well, we have, uh, one message here about the smoked salmon. That Da'as Zekenim investigated and comes to the conclusion that they, they would not mix between salmon, fish and, and, um, and meat because of the, uh, sensitivity to the flavor. Okay. Right. Let's come-- So, so this question I was asked last week, and someone is going to-- is, uh, he wants to-- he needs their, their, their, their premises need a rewire and they want to, uh... They, they're closed for, for Pesach. Is there a way they could use over Pesach to have the rewire done? And after all, it is, there is a mechiras chometz, et cetera, and therefore it's not your-- his premises in any case. So at first I was, um, I thought there's no chance, but I, I spent time looking for it. And here we have, this is from the Sefer from Shemos from Halach Mo'ed K'Hilchot from Rav Forcash, and he talks about selling a field to a Goy with a shaar mechira, similar to mechiras chometz, and then over Yom Tov, over Chol HaMoed, not Yom Tov. He says that, that the Goy will be able-- will then be cultivating the field. If otherwise, there will be a loss that they won't be able to do the planting, the sowing the seed after because it will be too late

57:46 Speaker 1 because of the season. So there pa-- there are poskim who are makeal on that. And in the notes it brings... Well, I'll spend, Bezrat Hashem, more time looking through this, but there seems to be room to be makeal, to be lenient. Because Chol HaMoed, you do have permission in the case of a davar aved. And let me explain something. Davar aved means a loss of money. And there's something which means not loss of money, but loss of an opportunity of making money. That's, that's called menehas areva. It's not the same as loss of money. Loss of money means I got a freezer, and if it's switched off, well, the stuff will go rotten. That's called davar aved. If I have a shop which I'm not selling, s- I'm, I'm missing out on profiting, but not necessarily losing what I have. That's, that's more questionable. But there are s-- nevertheless, there are-- there's a strong lean-- uh, tendency to be accommodating, um, some kind of ac-- you know, ways to make it here for, for Chol HaMoed. And therefore, I think there is room to allow this, that there should be a Goy should be, uh, the, uh, legal owner of that business or that, that premises over, over, um, over, over Pesach. And whilst not on Yom Tov, but at least Chol HaMoed, to allow them to continue doing that rewire in a way that they should be able to resume work after Yom Tov with minimum disruption. Okay, um, so I think I'm gonna

59:07 Speaker 1 stop here and wish you all a Gut Voch, and thank you for joining us, and we should meet one another in gezunterhait. Yeah. Gut Voch. Gut Voch. Gut Voch. Yeah. Gut Voch.