פנורמה של הלכה 30

00:09 Speaker 1 Good evening. Can you hear me? Good. We'll start off with a bit of Tehillim, and we'll-- Some Stocher. We'll say capital, uh, capital chof, and we'll say some, um, um-- and then put in Stocher, and we'll start the Shir. Lamnatzich, Mizmor l'David. Yah, Ancha Radim Yom Tzara. Yisagech Hashem V'elei Achriv. Yishlach Ezrakha M'Keidesh. U'Metziya Yunis Adecha. Yizkech Kol Minchesecha V'Loski Yash Naselo. Yiten Lecha Chelbo Avecha U'Kol Atatzki Yimale. V'Rananah B'Shuasecha V'Shem Eloheinu Nidgel. Yimale Aleinu Ekhal Mish'alecha. Ata Yudati Ki Yeshua Aleinu Meshichoi. Ya'aneinu Mishme'achotche B'Gur Es Yeshi Yimino. Ele Varecheh V'Ele Bazuzim. Anachnu B'Shem Adonai Eloheinu Nazkir. Heim Makoru V'Nafalo V'Anachnu Kamnu V'Nis'Adod. Adonai Yeshua Melech Ya'aneinu V'Ein Koreinu. So today, uh, we'll start the Shir with the first of the questions, which is coming after Shavuos. So we have a change. Someone asked me about this change in Chabad Nusach, where in the Mechiasf Min Haskeim on, uh, Shavuos. So normally, say, Mechiasf Min Haskeim, we mention the Korbanos of the day in the Musaf. And on Shavuos, instead of saying m-- um, instead of saying, uh, the Soir Lechatos, we say Shnei Se'irim Lechatos. The reason for the Shnei Se'irim is because on Shavuos, there are two sets of Korbanos, was the-- Like every Yom Teruah, we have the Musaf of the, of the day. In addition, on Shavuos, we would have the Omstei HaLechem, which was, uh, from the new harvest, the first time they were brought for wheat as a Korban, as a, as a Mincha. So that was brought on

02:22 Speaker 1 Shavuos. So the Omer was brought from barley, and that was on the second day of Pesach. And the, um, the Omstei HaLechem is brought on Shavuos. That would be accompanied with a whole set of, of, uh, of Korbanos, of Olos, et cetera, and also with the Soir Lechatos. So there was two Chatos. One was from the Musafin-- was, and will be. One from Musafin and one got to do with the Omstei HaLechem. And it's in recognition of this that the Alter Rebbe changed. Instead of saying on Shavuos Soir Lechatos, they say Shnei Se'irim Lechatos. So someone asked me why, why was it added. So I said, "Actually, the question is the other way around," which I don't really have a, an adequate answer. Why don't we go through the whole Seder of Omstei HaLechem in, uh, on, on Shavuos? And similar question, why don't we have in davening the Seder of the Hakravas Korban HaOmer? Why is that not-- Why is there not, you know, davening-- no section-- no mention in davening of the whole Seder of the Omer? At any rate, this we have here. So this is from a, a very rare Sefer where he talks about the Alter Rebbe's Nusach. And he says that we mention the Korbanos of Musaf. The Omstei HaLechem are there just to allow us to eat from Chadash. Therefore, it's not necessary to mention them. And then he says, "But the ch-- the, the Soir, because the goat is coming for Kaporo, that's why we don't miss

03:55 Speaker 1 out on that." So the Korban Olah, they are just as a Doren, just as a gift. Therefore, it's not so essential to mention them. Whereas the Korban Chatas is essential to mention, and therefore, uh, we have the mention of the Shnei Se'irim. Okay, let's move on to a practical question. About making ice cream on Yom Teruah. So these are a few questions which came up on-- out of Yom Teruah. One was, as I say, about making ice cream. Now, we have id-idea of Nolad. And in sh-- in the times of the Gemara, they didn't necessarily have facilities to make ice or to make, uh, ice cream. But they did-- If they did have ice, and so to take ice and make it into water, that is forbidden on Yom-- on Shabbos. That's called Moled. So creating a new entity. Before, it was ice, and now it's become a, a runny liquid, a fluid. So to do that on Yom Teruah-- on Shabbos is forbidden. So now, if making ice into water is forbidden, it would follow that making water into ice is equally forbidden. So that's the-- where we have this thing about not making ice on, on, uh, on Shabbos. So we've got here two quotes. So on the right side, I believe it's from Hilchot Shabbos in Piskei Teshuva, where he's telling us that, uh... So let's read that text inside. "From what we've discussed so far," he says, "now you can understand that you're not allowed to make mayonnaise on Shabbos because

05:32 Speaker 1 you make mayonnaise by mixing eggs, um, forcefully, together with-- beating them together with oil and some other spices. And for that matter, you wouldn't be allowed to make ice cream on Shabbos, which involves also whisking, et cetera, with a share of eggs and a margarine and s-sugar, perhaps milk. And for that matter," he says, "also to, to make a froth for, um, take, uh, coffee and sugar and to mix it to make a, a froth would also be, uh, an Inyan of Rishon as, as well as Moled." So we have here that on Shabbos, we wouldn't be allowed to make, uh, a new, a new, a new m-m-metsias. That before it was one, one form, and to change its form totally. So that's a sort of moled. What about Yom Tov? And obviously, the, the Hergeshes, if you're allowed to take flour and mix it and, and make a cake on Yom Tov. We don't do it because we, you know, we've got everything with machines nowadays. But you could, theoretically, you could make a cake on, on Yom Tov. So if you're allowed to bake, why should moled be, um, and noled be also? So now this is on the left side of the, of the page. This is from Piske Teshuvas in, uh, in, uh, in Herges Yom Tov. And he's saying that you're not allowed to do moled on, on, on Yom Tov. That's why we're not allowed to strike a match on Yom Tov, because you're creating a new thing. A

06:56 Speaker 1 similar thing is that you're not allowed to impregnate a fragrance into garments and... Okay. Then he says, some say that even if it's for food, moled is, is forbidden, and therefore you shouldn't melt, um, melt, melt margarine, and you shouldn't be melting, uh, cubes of ice. Others disagree, and they say no. That moled and moled is, is w- when, um, is when you create a new entity, like creating a fire. But if you're just changing its form, especially, uh, when it's got to do with food, that would be okay. So coming back to the question which was asked, which I felt was, uh, I said w-would be okay. The question was asked, you can te- There's a way of making ice cream, apparently, by shaking up the ingredients inside a, uh, to a bag inside a bag. The outer bag has got ice and salt, and the inner bag has got the sugar and whatever else you make ice cream with. And so, uh, to do that as an activity for the k- with the kids on, on, on Yom Tov. So I felt that would be okay. To do so on Shabbos wouldn't be okay. Let's move on. Similar question. Someone sent me a picture of this whipped cream, and it's, it's in an aerosol, the way I understand. It wasn't clear what's okay, Shabbos and Yom Tov, so repeat that again. Okay. So just to summarize that last point, to make ice cream or mayonnaise on Shabbos, the answer is no, and to

08:26 Speaker 1 do it on Yom Tov would be okay. Now, producing whipped cream from an aerosol. So it looks like inside the aerosol, I've never been inside, but I understand that inside they've got the ingredients and there's, um, there's air pressure. And then when it comes out, it's going to produce a, a foam. And so it's a very similar question to making the ice cream. So this is now a quote. With this time, it's from Shmiras Shabbos KeHilchoso, where he says, "If you've got food inside a tube, you're allowed to push them like in a forcing bag. That's not a problem of Memare'ach, of smoothing, et cetera." But he says, "If you want to create a particular shape, that wouldn't be okay. There could be some kind of forcing bags which would create a particular shape, that would not be okay." Then what's relevant to us is the next point, which he says, the second paragraph. He says, "You shouldn't use on Shabbos or Yom Tov a spray which is going to create a, a, a, a solid cream on a cake." So it's going to... Says, "A spray which creates icing." So, and he says that's a problem of moled. Like you see in note, Mem Zayin. Because the spray inside the container is fl- is liquid, and then it becomes a solid as it comes out of the, the, uh, container. So I, I still think that we, we just saw that for Yom Tov, that moled w- to make, to... If y- making food

10:04 Speaker 1 would be okay. And f- for Shabbos, this, this, so using this thing to create a, a cream on Ya- on Shabbos would not be okay, but on Yom Tov, I think it, it would be okay. Let's move on. Okay. Now, here is a very interesting question. It was last Thursday, and a boy called me. He's from New York. He called me, and he's Chosson, and he's going to meet the Kallah. So I'm not sure whether he's already engaged or not, but he was very concerned that his nails are very long, and he felt embarrassed to meet the Kallah with long nails. So he was asking me, is there a way that he's allowed to cut his nails on, uh, on, on Thursday. So we all know, and this is a quote now from the Alter Rebe's Shulchan Aruch. The upper quote is, "Vayesh Makpidim Shelo Litol Tzipanayim BeYom Hei." That many who have, uh, are particular not to trim the nails on Thursday. "Mepnei ShehaTzipanayim Maschilin Lach Zev Velitzmoach Beyom Gimel Legiluchan." Because the nails start regrowing on the third day. "VeEin Roitz SheYehi Hazeh BeShabbos." And it's undesired, undesirable that they should be growing on Shabbos. And it's a very strange Halacha, if I may say. Um, because you're allowed to plant seeds on Thursday and Friday, even though they're gonna grow on Shabbos. So why all of a sudden do we ha- worry about trimming nails, and they're gonna grow in three days' time, two days' time, whatever you, however you work it

11:42 Speaker 1 out? Now, this meaning of not trimming nails on Thursday goes back to perhaps late Reshoniym. The lower quote we have is from the Sefer Maatei Moshe. Maatei Moshe was a Talmud of Maharshal, which puts him about 400 years ago. And he says something, that till Wednesday, it belongs to the past week. And from there, from Wednesday onwards, w- w- it belongs to the future. As we say by Havdalah, Motzei Shabbos, if you didn't make Havdalah till Tuesday, um, uh, n-nightfall, you can still make Havdalah. Therefore, "Hihi l'ku siporno mi yom rivi v'cholo kadeshi yi atikun l'kavod Shabbos." That's a bit unclear what he's saying. He seems to be encouraging you to cut your nails in the latter part of the week. The, the way the Mishnah Berurah in Siman Resh Samach, he, he learns the following. You trim your nails, and then it comes Shabbos, and it's obvious you didn't trim your nails l'kavod Shabbos. You trimmed them on Thursday, not on Friday. Why did you, why did you cut your nails earlier in the week? Why didn't you cut them before, m-mamash erev Shabbos? That doesn't look right. It looks like you are looking after your cosmetic needs, not to cover Shabbos, but for yourself. Something on those lines. Therefore, you don't trim your nails on Thursday because it-- they'll start growing on Shabbos. It'll be obvious that you didn't trim your nails to cover Shabbos. That's, that's the way the Mishnah Berurah learns. I just now saw that others disagree with that way,

13:11 Speaker 1 and it's not so evident in the Alter Rebbe either. But that's the way he learns it, and I'm quoting from the Alter Rebbe. At any rate, that was the basis of my psak, which I told him. My advice was to him like this. Again, you remember, it was the chassan, and he has to meet his kallah, and he's worried that his nails look very unkempt. So, I told him, "Trim your nails now, but don't cut them all the way down. And then on Friday, you'll trim them again." So then it'll come Shabbos, he-- his nails, his nails were trimmed l'kavod Shabbos. In fact, he trimmed them on Thursday. Well, that doesn't matter because they were trimmed again L-l'kavod Shabbos. I think perhaps even according to the, the other ways of learning, that, that, uh, advice might, uh, remain, remain valid. Let me take a look at the chats. Nails grow from the base, not from the top. Within 24 hours, the nails lose their sharpness. Why not erev Shabbos? So they are not sharp. Okay. I don't know the answer to that. You see, someone's asking, "Why should you trim-- not trim your nails on, on, uh, on Thursday to avoid them being sharp on Shabbos?" Okay. Let's move on. Okay. So, here's an interesting question. A boy on, uh... called me up on Sunday, on Erev Yom Tov, that he is in Eretz Yisrael and is keeping two days because he's a Chutznik, and so he's keeping two days Yom Tov. So, he's thinking,

14:42 Speaker 1 he's planning ahead, what should he do on the second day of Yom Tov? Could he go and do mitzvah tefillin? Could he go, I don't know, Shalai, and whatever it may be, do mitzvah tefillin, uh, on the day which for him is the second day of Yom Tov? So, I was able to, uh, find that Reb Shlomo Zalman Auerbach was asked about a person who's keeping two days Yom Tov in Eretz Yisrael, but he wants to be choyshish. There are the shita of Chacham Tsvi. There are those who hold that you should be keeping only one day. So, he doesn't want to miss a day of tefillin. But on the other hand, he puts on tefillin, tefillin are muktzeh. So, Reb Shlomo Zalman says that tefillin are, are... that like, like any kli which is muktzeh. For example, a screwdriver is muktzeh. But you are allowed to move a screwdriver if you need to... need the space, or if you need to use it for a permitted thing. Let's say, uh, to use it as a-- to wedge a door open. So, we've got the klal that muktzeh, a keli, which is melacha yeseir, you're allowed to move it. Let's say, to go for your makomoi. So now, if you want to use the tefillin for a permitted activity on Shabbos or Yom Tov, they're not muktzeh. So, on that basis, Reb Shlomo Zalman says, "Don't worry about muktzeh. You're allowed to put on tefillin, uh, even if you're keeping Yom Tov. Uh, you're allowed

15:55 Speaker 1 to be machmir to put on tefillin, so certainly you can use the tefillin to put on tefillin with yiden." Here, just want to point out an interesting diyyuk, I think, which I heard from Rabbi Telsner, uh, going back a few years, that the, the lashon of poskim Mishnah Berurah is that tefillin are a klishah melacha yeseir. Whereas the Alter Rebbe in Siman shin, uh, Siman shin ches, where hechjas muktzeh, he says, "Ein klishah melacha leheter." He uses, like, a, a roundabout lashon. He doesn't want to say it's a klishah melacha yeseir. Let's move on. So, the answer to that was, the boy would be allowed to go on with his tefillin because the tefillin being used for a permitted activity is okay. Now, here's a very interesting question which I got, and I didn't find a, a satisfactory answer, or not a clear answer. And that was, in one of the-- one town in Europe, they did not get a minyan on the first day of Yom Tov. On Monday, sh-first day of Shavuot, they didn't get a minyan. On Tuesday, they did get a minyan. And so then they were in dilem-- in the, they had a dilemma whether what Krias Hatorah should they do on the Tuesday. Should they do, um, Kol HaChayyim, um, in other words, the Parshah, which talks about Shivas Shavuos Tisparnoch, which talks about counting seven weeks and having the Yom Tov. Or should they do the reading of the first day of Yom Tov, which is describing Vayom

17:22 Speaker 1 Hashlishi, talking about, about Matan Torah. So, this is their dilemma. N-we normally, on the first day, we, we learn about Matan Torah. The second day, we learn about the day of Shavuot. Well, and he's, he's asking what should he do. So, let's first perhaps go down to... This is the quote from the Gemara Megillah, from Daf Lamed Alef. So, the Mishnah has said that on Shavuot, the reading is Shivas Shavuot, which is, uh, as I said, that's Kol HaChayyim in Parshah 3A. So, Ba'atzeres Shivas Shavuot, um, Haftirim B'Chabakuk. Achidum Oimrim, the second opinion says, "No, on Shavuot, you should read Vachodesh Hashlishi." I said before Vayom Hashlishi, sorry. Vachodesh Hashlishi, we, uh, that's, uh, Sivan talking about Matan Torah. Maftirim B'Merkavah. Um, the Haftarah is all about the, um, vision of Yechezkel, of the heavenly throne, et cetera. Now that we've got two days, because of So next week you're gonna do a double, a double Parsha, and you'll make up for last week. So, the, the, the So, there is a degree of flexibility. And I, as I told the fellow, if I had been in his place, I would've done, done the same thing. Um, right. Let's move on. Okay. Right. So I was asked this week about does one make a Bracha when putting up a mezuzah in a school building. So on the screen you have here from Mishne Torah, and this is Siman Reish Peh Vav. In here, the idea, and it says, "Beis Hamedrash potim bimizuzah. Im yesh beis

23:12 Speaker 1 Pasach shelo..." If there's a, there's a door between a Beis Hamedrash to a private dwelling, then you should put up a mezuzah. Then there's a second opinion, "Ve yesh omerim she Beis Hamedrash chayav bimizuzah." Some say that a Beis Hamedrash does need to have a mezuzah. "Ve lo choin lo chush le'ivreihem." Anyone should take heed of those words, but you shouldn't make a Bracha on a mezuzah putting, being put up in a Beis Hamedrash. So that's wr- written in Mishne Torah. So you put up a mezuzah in a Beis Hamedrash, it's without a Bracha. On the left side is a quote from a Sefer called She'el Tov, one of the specialists for him on Halachas mezuzah, and he writes, "Ve cheid be Talmud Torah ha kavua le limudei kodesh." A room in a Talmud Torah which is designated for limudei kodesh, so then it's got a dinu of Beis Hamedrash. Even if the, even though the occupants are little children, it still has got kedushah. On the contrary, it's got even a greater kedushah, hevel she'in becheit. Uh, the fact that they use the same classroom for limudei chol, well, that's also the Torah. That to enable they should have limudei kodesh, they have also a bit of limudei chol. So basically, what we see here is that a mezuzah in a school would be appropriate, but it would be appropriate without a Bracha, like a Beis Hamedrash you put up without a Bracha. Okay. Let's go on then to the next thing, which we

24:33 Speaker 1 have here, and that is a Shliach sent me... He, uh, he asked me in advance, uh, and he sent me a- actual, an actual sample of this, uh, what he calls a... He, he's branded it as a cam-mezuzah. His on- his Shliach comes, comes in touch with, with, uh, students, et cetera, on campus, and they're very... They would like to have a mezuzah, but they don't want to get harassed because of it. So if you can see what I have in my hand, here's the, uh, mezuzah case. At the back it's got a diagonal, um, so the mezuzah, uh, can be placed in, as, on a diagonal within this case. And there's, if you can see here, um, you can see here it's got a, a rubber stopper. Where you'd take that rubber stopper, you'd put it up the mezuzah, in the, in this tube. So then, and then if you look closely, closely, um, does it come up on the screen? You can see that it's got a shin. Uh, and it looks, from a distance, it just looks like some sensor or a bell push or something. So it looks quite innocuous. And so, uh, this is, this is what... This is this, uh, idea of having a, a discreet mezuzah case. And the basis of this, he asked me, before making it, he asked me for, uh, whether it, it would be okay, and I felt it's definitely okay. And what you have on top of the screen to the right is

26:02 Speaker 1 a quote from Kitzur Shulchan Aruch. Siman Yud Alef in Kitzur Shulchan Aruch says the following. "If one is worried, in a place where you're worried that your mezuzah gets stolen, so then you could excavate in the doorframe and place your mezuzah inside the doorframe. But it shouldn't be excavated a tefach away from the surface, because then it's not on the doorframe. It should, uh, it'd be too far in. And it should also be noticeable that there is a mezuzah there." And, uh, okay. So that's the basis where we're coming from. That we're to have a mezuzah case. It... And if someone is close, close enough, they will see that it's got a shin, and that's in the name of Hashem. Shin Dalet, Yud, Hashem's name. And, uh, it's a discreet way they, they, they can have their mezuzah without being worried of being, of it being vandalized. And that's the basis of the, the Halakha. Let's, we'll go on to our next, uh, question. Okay. So here, one of our, our regular listeners, uh, lives in somewhere in the States. And a neighbor of his, a goyishe neighbor, brought him a bunch of garlic. And these look to me like gr- um, like, um, what do you call them? The, uh, onions or the green onions. What are they called? Never mind. Um- Spring onions. Thank you. Um, so thank you for that. In US it's called scallions. Americans call scallions, right. So now they, uh, they were cut by the goy with a, we

27:43 Speaker 1 don't know what. And so what he's asking, if it's, if, if they were cut with a kitchen knife, would we be allowed to eat those, those, uh, pieces of garlic? So here we have from Shulchan Aruch in Siman Tsadik Vav. Tzonin. It does talk about davar charif, ma'achal charif. A sharp food. So it says, tzonin, which is a radish, a silka, whatever that is. Beet, whatever it may be. Shechot cham besakin shel basar. Which had been cut with a fleishig knife. Sheben yomo. She'eino mekuneh. If it's greasy. Oysur leochlan bechalavs. If, if a, um, radish was cut with a, a meaty knife which is not perfectly clean, you wouldn't be allowed to have it with milk. Unless you'd cut off the mokim hachataf. You'd have to cut off the, um, the trim part a little bit. Netilas mokim. Which would mean you'd have to cut off about, uh, I don't know, about a finger w- width. Shehu ke'uve etsba. Which is about, uh, which is about two centimeters. Right. So if that's what you have to do from fleishig to milchig, and then we go on to Sif Beis in the same Siman. It says, im chotach beshumin ubezolim ukreshim. If one had used a knife to cut garlic, onions or, uh, kreshin's leek, I think. Vetamcho and chrein. Which, shekoidin chrein. Shekodyo etzeba midvarim acharifim. Or potatoes, or chamutz, et cetera. Dinam shavah lechotach beitznin. So it's the same din as having cut a, a radish. It goes in some detail. Now, what this

29:23 Speaker 1 left us with, there's not, not, not much to be done here with this, uh, the, with these, um, onions, these, these garlics. Because once it's, once it's cut off two centimeters, there's not gonna be much food left there. I, I suggested that he asks the, uh, his benefactor whether he used a, what kind of knife he used. Did he use a gardening piece of equipment or did he use a kitchen knife? He said it's just simpler just to throw it out. So that's it. I told him give it to a goyishe neighbor. Um, right. Let's move on. Right. So someone's asking here on the chat, would, uh, is one allowed to buy cut-up fruit from, um, and vegetables, from a non-Jewish grocery? So the, what's unique about these, these products which we're talk... These, these, uh, foods which we're talking about, that they are sharp. And because they are sharp, even if the knife hadn't been used in 24 hours. So there's a concept of mechayal el shevach, that the, the sharpness would refresh. So generally, we know that if, if a knife hasn't been used for 24 hours, so then the taste is, is gone, gone, gone, gone a bit off. But that doesn't work if it's cutting, if it's with a sharp food. So if it's a sharp food, you cannot buy it from a, uh, a cut-up fruit from a goyishe grocery. Other foods, uh, you would be allowed to. I'm not very comfortable about it, but you could. And just cut

30:59 Speaker 1 off a, a thin, uh, layer. Uh, which if the, if you're worried that they used a, a non-kosher- Knife. The likelihood is, as you see on the screen here, it talks here about, about, um, a food of gin- made of ginger or something. And he says that they would have special tools for that. The likelihood is, in a shop, they probably would have knives which they basically use just for the vegetables, especially if it's a bigger shop. But you never know. So that's why I would still trim off a little bit, and it wouldn't have this kind of infectious nature of, uh, a דבר חריף. Right, let's move on then. Right. So here we have an interesting שאלה. Someone, he is-- his business is he's, he searches for commercial properties. And so they will specialize in finding... And now there's a, there's a restaurant chain, a franchise, and he has been finding them, for them, restaurants or properties around the country. And they say to him, "Instead of us paying you a fee, a finder's fee for finding us these premises, we would offer you that you should become a stakeholder," obviously, they're fleishig restaurants, yeah. Um, "We'll offer you a, a, an ownership or a, a dividend of the properties." And w-what their motive here is, besides it not costing them so much, but also that the finder will make it his business to find more suitable properties, more profitable and pro-pro-profitable venues, so that they would get a g-greater, a, a dividend on,

32:51 Speaker 1 in, in those, those properties. So the question is, is this allowed? Now, we have הלכה. It's a whole siman in שחטות יורדיק of יצאים. Also, לא תסע סחורה בדברים אסורים. We're not allowed to do trade with non-kosher produce. Not, we're not talking about בשר בחלב, which is also בהמה ובהמה. We're talking about selling meat, treif for meat, uh, um, treif for chicken, whatever it may be. If it's stuff which is אסור מן התורה. Stuff which is אסור מדרבנן, you are allowed to trade with. Stuff which is אסור מן התורה, you're not allowed to trade with. Um, and the question is, what's the reason for this? This, this is in שו"ת חсам סופר יורדיק ק"ד קכ"ו. He talks about a question of a, a businessman somewhere in Trieste, I think it was, or may- perhaps I'm mixing up. And there was a businessman somewhere in Europe, at any rate, and he wants to... He's got a bi- a business contact in Egypt, and apparently eels would be very lucrative to sell them in Egypt. So he wants to buy from a provider of eels somewhere in Europe, in barrels, send the, ship the barrels out to Egypt, and sell them at a profit. So the question was put to the Chasam Sofer. And the Chasam Sofer talks about this, what's the reason for not trading, not being allowed to trade in treif food, in דברים אסורים? Is it because you might, as you're touching, you know, to handling with it, you might come to eat some

34:30 Speaker 1 of it, which would be a reason for a Jewish boy not to get a job in a goyische, uh, delicatessen? Because they might, whilst they're on the job, might eat something even though it's not theirs. On the other side, this fellow is a businessman. He's just not touching the stuff. Or is it just a איסור, just a איסור מן התורה? And the Chasam Sofer says the majority of poskim, save the ט"ז and all the rest of the poskim, hold that סחורה בדברים אסורים is a div- is איסור מן התורה. So now, to actually own a part or to be a partner in this restaurant, which is s-selling treif food, I think that's one of the main, main, main parts of it. If it's just a side thing, just to keep the business running, that may be less of an issue. But if it's, if that's, it's a set restaurant selling treif food, the whole it's a, a דבר אסור. But here, it's not ממש. As I spoke to the, uh, the Rav, who was, uh, put the שאלה to me, here, it's not ממש that he's going to own. It's more he's got like a share. Now, he's gonna have a share, and he's gonna get it, but he has, has no דעה, no opinion in running the company, what to buy, what to sell, et cetera. So it's a little bit less of an issue. So now I'm, I'm reading here from a sefer which is called בן ישרול לנוכרי, and it, it specializes

35:54 Speaker 1 in דינים between ידים and גויים, obviously. And in the section on יורדיק, it says the following. "יש אוסרים ליתן מועס לנוכרי שיעסק בדברים האסורים והרווח יהיה לשניה." Some say that you're not allowed to give money as an investment to a גוי, that the גוי will then s-invest in non-kosher food, and the profit will then be shared. "אף על פי שהנוכרי מתעסק בחנוסו." Although the גוי's direct contact is the גוי is in his shop, "והישרול אינו נמצא אצלו," and the יד is not even there. So it's what we call a sleeping partner. He's out of the picture. And there are those who say it's not allowed. "ויש מתירים," and there are those who say that it is allowed. So... And I felt that here, here's a... Since in, in this case, he's ממש a partner and still יש מתירים. In the case which I'm talking about now, he is not even a partner. He's just, he's getting a share of the profits, but he doesn't have any management, uh, uh, kind of, um, stake in it at all. I felt one could be, to certainly rely on the more lenient opinion. Um- The Chasam Sofer back to the guy, the fe-fellow with the eels. So the Chasam Sofer advises that instead of him owning, he should take a, a, a agency fee. That he will be the agent in between introducing the, the vendors, the pr- the manufacturers of these eel, um, whatever, barrels, and the, contact him, it's rhyme in Egypt, and they make, uh,

37:36 Speaker 1 he'll make his money on, uh, as an agent rather than actual vendor. Okay. Let's now go on to the next point, which we have here today. Well, for sure, we're getting through our, our agenda. Right. So here I got this question, uh, a day or two ago. What is the Halacha about going into a bathroom, a toilet, uh, with a siddur, but it's in your pocket inside a bag? Very many of us, we might have a, I mean, Mirchamei of nowadays, since you got siddur on your phone, it's become less, less necessary to have a, um, a, a little siddur in your pocket. But, uh, be that as it may. So this is a question. Are you allowed to enter with a siddur inside a, a bag or inside a wallet inside and into the toilet? It says... and the wallet is in your pocket. So now we've got here two sources, and one is in Siman Mem, in the Alter Rebe's Shechunach. That's on the right side. So let's go b- through this carefully. It's in the middle of a, a discussion about a Beis Hakeseh, a, a, uh, out in a field. And there it said, the person who's wearing tefillin, those times they used to wear tefillin the whole day, that he would be allowed to, uh, go in with the tefillin wrapped up in his, in his g- garments. And it says that's only allowed by tefillin, She'adam Lo She'nikla Hayom, because if a person wears them all day, he's wearing

39:13 Speaker 1 these He says, but a Sefer that you wouldn't-- There, there's no need for the concession. You can leave the, the Sefer at home. Why do I have to give you a concession to have it with you? And wrap it up in your g- clothes. You could-- Who said-- You're not required to take a Sefer with you. And he says, If they are in-- If they, if they are in a pouch, you are allowed to. Then he says, but in-- If a Beis Hakeseh Shebaba'is. If it's in a, in a, in a hou- Out in a field, if you have a siddur and it's inside a bag, you would be allowed to take it in. But if it's in a, in a house, as it... and it's in the pocket, it says, that's not allowed. That you wouldn't be allowed to take it in. You'd have to leave it outside. Now, this is quite a practical i- is-issue. A person does have a Mirchamei or something, as I said, inside their wallet, and they want to use... I mean, it's not always practical every time to go, when one goes in, to take it out and put it, find somewhere to put it safely, and it shouldn't get, um, spoiled. So what about kis betoch kis? So this is if it's in one pouch. But if it's in, in, in, in, in a double pouch, the Poskim say it's okay. In addition, some Poskim maintain that this objection is more about a Sefer which is written

41:27 Speaker 1 on parchment, uh, like a Megillah, that kind of, you know, so which got, which have got more Kedushah. Whereas a printed Sefer, some say it doesn't have that degree of Kedushah. But there's... Well, if, if it's already inside a bag, inside your pocket, kis betoch kis, one c- one could rely on, on, on the lenient opinion. Let's take a look at... The second quote is from Siman Mem Gimel, and it talks about tefillin and the, the-- This was the-- why the person asked me the question. It says here, if you have a tefillin in a bag together with a tallit. Yeah. They put the tefillin bag and the tallit into a big bag. The larger bag is called the bag of the tefillin. So tefillin inside a tallit bag, that would still be called... Even though the tefillin are in a bag, it would be called... It's only in one bag. You'd still have to have another bag on the outside. Which I told him, I, I feel that this Halacha is u- not talking about regular two bags, because we have a din of kis betoch kis. Here is a unique Halacha, that the tefillin inside the tallit bag, it's as if the tallit bag is there to honor the tefillin as well as the tallit. Therefore, they're all called like one bag. But I don't think it's, uh, has any bearing on, um, generally having a bag inside a bag. One last point which I found quite interesting. This person who sent me

43:02 Speaker 1 the question, sent me a quote from the late Rav Falk. Um, which, well, would relate, relate to one of the questions over here, uh, on the, on the chat. Rav Falk said a very interesting point in his... That's in his Sefer Machazeh Eliyahu. A pocket. Most of our pockets are made as a little bag, and inside the jacket, there's a slit in the lining, and the pocket is sewn into the slit, if you can understand. Therefore, the pocket is an independent bag, and it's somehow sewn into and is, uh, uh, attached to the, to the, uh, to the, uh, garment. As-- On that basis, every... Most pockets would be a kis- So that, that, that might s-uh, answer that would be okay in any case, uh, in the airport because that's like Besoder. Uh, anyway, if you want to be more Machmir, make sure that your Sidur, Sidur inside your bag would be inside a, a another bag. Let's go on to our, our last, uh, question for today, and that is... Let's come back to the screen. Okay. So this is a question we have. So one of our regular listeners is, uh, in, in Russia and quite north, and we are familiar that the Alter Rebbe says in the Dinim of Sefir HaSocher, he has a Loshon, "Bemedinos elo hatsfoinyos," that dawn. The Alter Rebbe-- Let's explain something. We have a couple of minutes. It's very confusing. You look on the calendars and the earlier dawn, later dawn. What's, what's it got to

46:12 Speaker 1 do with? So dawn is the word Alos Hashachar. Shachar means the blackness, and Alos Hashachar means when the blackness starts lifting, the blackness of night. The f-the total blackness of night starts lifting because of the first ray of, of daylight. There's another Loshon, Kochav Hashachar. There's a, there's a morning star, which would, would be like kind of heralding the, uh, dawn. So that's Kochav Hashachar. Alos Hashachar means the blackness of night is lifting. So some Poskim follow that it's just seventy-two minutes, uh, before sunrise, and that's based upon... In the Gemara in Pesachim, we get the impression that the difference b-between Alos Hashachar, which is dawn, and Netz Hamah, which is sunrise, is the amount of time it takes to walk four mil, which works out according to-- Well, many Shitas works out to be seventy-two minutes. Okay. And therefore, they are applying the sheer of seventy-two minutes before sunrise, regardless of which latitude, et cetera. The Alter Rebbe certainly is, uh, uh, uh, is, uh, uh, uh, disagrees with this. Very-- That's what, the point which he makes over there in the Sidur, that dawn being before sunrise is, um, that the, the seventy-two minutes was true, is true in Eretz Israel at the times of the equinox, the times of Nisan and Tishri. But looking at dawn, uh, other times of the year. So the difference between dawn, the time difference between dawn and sunrise in winter will be longer than at the equinox, and in summer it will be even longer. And

48:01 Speaker 1 then that-- If that's true, seventy-two minutes is true for Eretz Israel, well, that's because it, it being about thirty-odd degrees above the equator. But if you go further north, and very much further north, then the transition from dawn to sunrise can be much longer. It can be two hours, it can be three hours. And that's the Alter Rebbe's point, which he says, "Bemedinos elo hatsfoinyos." So dawn, it's, it's, it's, it's at midnight because it gets earlier and earlier to the point you can't go earlier than midnight. So, therefore, the Alter Rebbe says two things. After Yud Ches Iyar, after Lag BaOmer, basically, you cannot do Sefiras HaOmer with a Bracha after midnight. Because after midnight, it's already, it's already dawn. It's already the beginning of the next day. Second point he says, "On Sheva Osur B'Tamuz," you wouldn't be allowed to eat. Now, Sheva Osur, like, uh, most other, most other fasts besides Tisha B'Av and, and, and Yom Kippur, the other fasts, they start from d-from d-from dawn. So the Alter Rebbe says, "On Sheva Osur B'Tamuz, Bemedinos elo hatsfoinyos," from midnight you're not allowed to eat because it's already-- the, the fast has begun. Okay. So we-- The Alter Rebbe is saying very clearly that dawn starts from... In, in these, in very northern parts, parts of the world in, uh, in these, these months, June, July, it's going to start at midnight. So this fellow is asking, a Chassidishe Yingerrman, and he sometimes will not have finished his learning for the day

49:34 Speaker 1 until, uh, nightfall, and sometimes he'll, uh, want to, want to learn a bit longer after midnight. So then question, if it's already dawn, what about Birkat HaTorah? Does he have to do Birkat HaTorah? And he has another question. He's actually going to bed. Does he say HaMapil? In other words... Now, in, in Hayom Yom, I think it says that there were three days in the-- in Lubavitch, the three days a year he wouldn't say HaMapil, wouldn't say, Kerias Shema Shema, wouldn't say HaMapil, and they would be up a whole night. So here, Shmuels, by the time I, I, I, uh, uh, I came home, et cetera, it was already dawn, well after dawn, so I didn't say HaMapil. So you don't say HaMapil after wasn't, it wasn't, um, uh, very light, but it was a-after dawn. So he's asking the question, "Do you say Hamapil after midnight in his region?" And then he's got... And he sent me another question, "What about eating?" Are you allowed to eat after without saying Birkat, um, um, Birkat Shachar? So this is the question which-- these are the questions which he's asking. And so what you have in front of you is actually a note which I wrote in the Sefer Ha-Nasivim, Sefer Ha-Shlichot Gimmel. And there's a first chapter, it's all about the zmanim for Iceland. Shlicha is Baruch Hashem, a shlicha matzliach in Iceland. It, it, it, it... And so he's asked for the times. So what I-- w- the point which I made over here

50:59 Speaker 1 is the following. Sometimes we say, uh, if a person's got a particular, um... He's got, uh, his own nature is unusual. So we often will say, "Ba'ad ledai tzeh kol adam," the fact that you are satisfied with this, but for other people, it's not normal. But when you have a whole region, kol anshei m'komot, so that becomes-- if it's a whole country, that is considered normal, even though it's not normal for the rest of the world, but in this country, this is normal. So now in Iceland, to say that-- What's the, what's the issue here? You're saying in, um, in Hamapil, you're saying Hashkiveinu. Hashkiveinu avinu shalom. And halachah, it's after dawn. It's not zman shkiva. It's not the time for going to sleep. How can you say Hashkiveinu? But you know what? In this part of the world, for most of the people, most of the population are sleeping at this time, and therefore, it is zman shkiva. So again, for an individual who decides to go to sleep at, at, at four o'clock in the morning, and it's really getting light, it's gonna be perhaps a bit of a stretch to call it a zman shkiva. You can argue. Six o'clock in the morning, for sure, it's not zman shkiva. People are getting up already by, by then. But in a, a, in, in region where m- where, where the, the night is such a short night, and therefore, people are sleeping at this time, and this is the normal, um, practice in

52:19 Speaker 1 this country, then that should be called zman shkiva. And therefore, it shouldn't be a problem to say Hashkiveinu. Now, I s- I, I... And then someone, this Rabbi Greenwald, sent me, uh, a few references who say very much the same story. That, uh, Shulchan Aruch Harav Yosef, that, um, that in places where it doesn't become night, so when what follows zman shkiva, that sleeping times for the local people would be called, um, sleeping time, and another couple of references. And then another quote, the, the third paragraph is from the, uh, Kloisenberger Rebbe in his Shaar HaDerech Yitzchak. And he says another idea, that if there's a place where it doesn't get fully dark, but the sun does set, someone would count nightfall from sunset. So these, these regions... At any rate, so let's come back to the, to the question about saying Hamapil after midnight. I think yesh om haluz meich to say. And the very fact, the very fact the Alter Rebbe in his siddur says, "Don't eat after midnight on Shiva Asar b'Tammuz, and don't do Sefirat HaOmer after midnight from, from like, um, from Ayud Tes Yod. Why didn't he address the more common thing? Uh, Hamapil. People, uh, I'm sure it was a common thing. And what about people, um, about Birkat HaTorah? Why doesn't he address these things? It looks like he wasn't worried about them. And so possibly, he-- this was the svara. They said, "It's a zman shkiva, although when technically it's already dawn, but it, um, colloquially,

53:46 Speaker 1 it's still zman shkiva. You can still say Hamapil." With Birkat HaTorah, then I have another, um, uh, argument to be allowed to say Birkat-- to, to not have to say Birkat HaTorah, and this is in Shulchan Aruch Maarshag. Shimon Greenfeld was a rabbi, I think, in Szombathely just before the war, and he writes the following, especially, uh, talking about Tikkun Leil Shavuot. And it's relevant in these parts of the world where the, the... You know, the, it, it becomes dawn very quickly, uh, so after midnight. So, uh, when do you finish your Tikkun? So ask a simple question. We know in Halakha that the day switches at nightfall. This morning was Yom Chamishi. Now, it's already, uh, uh, called Leil Shishi. Why don't, why don't I have to make a Birkat HaTorah right now? The sun is setting. It's set. Why don't I have to make a Birkat HaTorah? It's a new day. Till now, it was Chamishi, now it's Shishi. But rewriting a kesubah or, uh, whatever it may be, I'd have to write it Yom Shishi. So Rabbeinu, Rabbeinu Yona, I believe, says the following, Rabbeinu Brochos, that the night now is a hashlomah for the day. That which you didn't manage to cover during the day, you have your quota of learning, and you didn't manage to cover it during the day, so you immediately... You finish off at night. So it's like a, a, a follow-on. And therefore, the evening learning, the night learning is kind of linked to the day's

55:17 Speaker 1 learning, the preceding day's learning, and you don't have to make a new berakha at nightfall. That's the... It's written in Ohr HaChaim. The Maarshag, Rabbi Shimon Greenfeld, he takes this one step further. On Erev Shavuot, when you got up in the morning, you said Birkat HaTorah, you knew that tonight is gonna be, be, be going to be Shavuot, and you knew that you're gonna be up for the Tikkun Leil Shavuot, and that Tikkun Leil Shavuot would, uh, may overspill. Ah, okay. So your Birkat HaTorah kind of o- on the eve-- on, I'm sorry, the m- morning of Erev Shavuot, that included your learning, which is going to be in the overflow after dawn. That's, that's his, that's his chiddush. I know, and certainly, if it's a normal practice that a person sometimes in those regions does learn after chatzos, I think he can rely on that and doesn't have to stop to say Birkat HaTorah. Um, just one last thing we have on the chat here. Someone, one of our listeners in, uh, Eretz Israel, and he says, "Here in Israel, everyone seem to have a different time for Halacha Shachar. Even their latest zman was well before the zman on chabad.org." Well, I'm sorry. I can't really answer you without, uh, seeing, um, more data. So you can send it to me, and we'll be in, uh, be in touch afterwards. Meanwhile, I wish everyone a Guten Shabbes, and, uh, gehalt soll zeiyn gezunt. And we should, uh, meet besoyves mochees, tomat kol hayomim.

56:41 Speaker 1 Kol tuv.

56:41 Speaker 2 Yeah. Shkoyach. Good Shabbes.

56:49 Speaker 1 Shkoyach, shkoyach.

56:50 Speaker 2 Shkoyach.

56:59 Speaker 1 Good.