פנורמה של הלכה 33

00:06 Speaker 1 Evening. And, uh, we'll start off with Tehillim. And particularly, I would like to, um, have in mind Sara Hinda bas Chana Chaya Mushka for Shlomo, petech she'or achei liYisrael. So we'll say and then we'll do and tzedakah and we'll say Hashir. So we'll start the Shir now. The first question which we want to deal with today is about saying, um, Ani Maamin at the end of davening, where other, in other siddurim we see Ani Maamin at the end of davening. And the question people ask is why is it not in Chabad siddur? So let's go to the first slide. That's first of all, thank you for all those who participated in the, uh, appeal for the, uh, the charity, which Baruch Hashem was, uh, an amazing experience to see how p-people were so generous. And, um, BeEzrat Hashem we should put it to good use. Okay, so here, this is-- What we have here is a letter of the Rebbe. Someone asked the Rebbe about why is it Chabad don't say Ani Maamin at the end of davening, and, um, why is it not in the siddur? So the Rebbe says, "Well, simply, it's-- we don't say it because it's not in the siddur." But the question is, why is it not in the siddur? So here we have, uh, it's not the full letter. I've put just a couple of points. Before reading the letter, what are these Yud-Gimmel Ikarim? Where do they come from? So the Rambam in Mishnayos, in Sanhedrin, he identifies

02:53 Speaker 1 13 principle points of faith. Uh, and so then-- So the Rambam did not write the text which shows in the siddurim. He wrote in his own text, and then someone kind of, uh, edited and put it together in the text, which is in the popular siddurim. Uh, the Rambam wrote, obviously, he wrote his, uh, Pirush on the Mishnah. He wrote it in Arabic. So in any case, the translation would be, uh, open for interpretation. Now, when we say 13 principles of faith, this-- the Rebbe later in this letter actually says it, that not all Jewish philosophers are of the-- agree with the Rambam of making, uh, identifying 13 principles of faith. There may be, um, perhaps you could say everything is, is a principle of faith or there are different ways of looking at it. Um, so you've got particularly the Ikarim who disagrees with the Rambam on this principle of saying that there's 13 principles of faith. But be that as it may, it's become popular in Klal Yisrael. Many siddurim, they have it. So now the question is: Why is it not brought in the siddur, in the Chabad siddur? So, "Hatam shelo hei vizé rabena besidurai." So the Rebbe first of all admits, "Lo kibalti bodeh bozeh dah meforesh." I don't have a, an explicit tradition from the previous, previous Rebbe, et cetera. And therefore, "Ve'ef sh'loimo rag bederech hash'oarah." Therefore, he says, "I'm going to guess, kind of. Kamot amim al iho amiro bitfilah. I'm gonna give a couple of reasons

04:32 Speaker 1 which are suggesting why we don't say Yud-Gimmel midot or, um, sorry, Yud, um, Gimmel Ikarim Emunah in davening." "Hatfilah alef. Hatfilah in yono." What is the purpose of tefilah? As explained in Gemara, "Gemara bashas sidu shevocho sh'lomochoim." It's in a moment of praise. "Uvakosas t'rochov." It's praising Hashem. "Uvakosas t'rochov sh'lodom," and it's a moment of, uh, uh, asking, supplication. These are the two points of tefilah: praise and pleading. "Vamiras ani maamin. Einu mishei sugim hanal." Ani Maamin is a declaration of, should we say, of policy, of what the policy of, of Yiddishkeit is. True. It's not a declaration of praise. It's not expression of praise, rather. And it's not a tefilah. Therefore, it's not, it's not-- doesn't really fit in what tefilah is all about. Now, you may be, uh, you may ask the question: What about Adon Olam? Adon Olam is, in a sense, also summing up the yesodots of Yiddishkeit and Adon Olam, who was the king and, um, . It, it is kind of declarating-- the, the-- a declaration of faith. The difference is, though, that Adon Olam is an expression in a form of praise. It's saying the principles of faith, but in a form of praise. Therefore, it does belong in a Seder after-- in a Seder of Davening. I see someone's asking, "What about the Shesh Gedias?" The Shesh Gedias are talking not part of Davening. They're not a part of Davening. They are there in the Siddur. So you're asking now what's the difference. Okay, let's-- we'll have

06:33 Speaker 1 to think about that. Um, at the Dekah, what, what is the question? When do you say Shesh Gedias in Shabbos? Do you say it, uh, before, be-before Tehillim or after Tehillim? Now, now I'm sensitive of this kind of stuff. Halavaya would have had the sense when we ca-could observe the Rebbe when he finished with, uh, Oleinu. Did he close his Siddur and take the Tehillim, or did he leave the Siddur open? If he closed the Siddur, then presumably he said the V'lakachta Soeles, uh, before Tehillim. If he left the Siddur open, he left... So the question is Shesh Gedias and V'lakachta Soeles. So there's-- that's since is, is open for debate and there's a kazay, there's a kazay. Okay, let's c-come back. So the, the first point is that declaration of Yiddyo Middas doesn't fall into the rubric of Tefillah. Point base. Any addition to Tefillah, which is in addition to what, what that which was established by the Anshei Knesset HaGedolah which is in the beginning of the second Beis Hamikdash and/or quoted in Rishonim. If you want to introduce another Tefillah, you need to bring basis for this. If you remember when the Rebbe pushed for everyone should say Harei MiBekabol and before Davening and to say Ach Tzadikim after Davening. So he, he, uh, points out that this is not a new Chiddush. It's in, um, in the Sikha there, there's like this dozens of sources of saying, uh, Harei MiBekabol before. And so although it's not in regular Nusach Ashkenaz it's

08:32 Speaker 1 at Als-Nusach Sephard, you know, Sephardi. It's, uh, more, uh, from the Ari Z"L. But, uh, the Rebbe encouraged it. So it's got a Yisod in the Ari Z"L. But to come some-someone should come on their own volition to come and introduce a new aspect of Davening is a, a Chiddush. In other words, one who introduces a Seder of a certain Tefillah which will be for communal use. You have to, you have to bring-- the one who wants to introduce it needs to have, uh, strong evidence to, to introduce it. The, the onus of, of, of, uh, proof, et cetera, is not on the one who doesn't take on the new thing. It's on the one who wants to introduce the new thing. It's known how particular we are, we are traditionally of the words and the letters of Davening. To the degree that they've established even Ramosim. As you may know, the, um, the, the saver called the Recheach. Recheach was one of the mid to late, uh, Rishonim in, in, in, in Ashkenaz. And he, he, he has, uh, numbers for how many words there are each Brachos, Shemoneh Esreh, et cetera. And they were, they were, they were very careful of how many words there should be. So they, what they-- so the Rebbe is saying, we're very careful what we establish as part of Tefillah. It may not be so, uh, well known that when originally the inion of saying Tehillim was introduced in Chabad on a daily basis after Davening. And

10:27 Speaker 1 this, I believe, is around Taf Resh Peh Zain. It may have been a little bit earlier, but it was around the time which we now be celebrating the Beis Talmud. It was around that time that it was introduced to say Tehillim by the Friediker Rebbe pushed it. It should, it should, it should be in every shul. Doesn't matter whether they're Ashkenaz or, or Ari, whatever it may be. It should say Tehillim after Davening. Originally, the Seder was that the Chazan didn't say lead Tehillim from the, from the Amud. He would go to the Bima and stand by the Bima and, and lead the Tehillim from the Bima because of this sensitivity not to add, not to add extra pieces to Davening. So, um, and I think this answers perhaps, Rabaria, your question, what about Shesh Gedias? We don't have a Shesh Gedias as a collective Tefillah, everyone saying it together. It's each one says on their own, and that's in order to be yoisa of, of the Gedias. There is a mitzvah of the Gedias. But it's not a, it's not a communal Tefillah. That's I think what the Rebbe is emphasizing in . He says, with Shesh Gedias, each one says on their own. Of course, there's gonna be more questions. What about various other inion in which some Duris say in Parshah Samo and Parshah, uh, et cetera. There are different things which some Minhagim have. Okay, that's for another discussion. But that's, that's the, the background which the Rebbe is answering. That

11:49 Speaker 1 Ani Maamin, first of all, is, uh, is not strictly a form of Tefillah. And secondly, uh, we have, we have to know where-- who introduced to say it as part of Davening. Someone-- They-- Actually, a few years ago, I'm not sure, 15 years ago, something like that, a certain Siddur was published in Bnei Brak- Called, something, I think it's the Bial Siddur. Anyway, it was a siddur published in Bnei Brak, and the editor of the siddur had taken the Yud Gimmel Midas-- Yud Gimmel, um, Ikrim, and modified the wording. Felt it was to correct, to express them better. At the time, both Rav Vosner, the Shevet Halevi, and Rav Moshe Lander both wrote very strong letters about these modifications which were put into the, uh, Yud Gimmel Ikrim. The pro-problem being, you may say that they're not to- that they're not expressed with total accuracy. On the other hand, the fact that you can tamper with them is going to make it even, even worse because then people say they're not so accurate. Therefore, they were-- they said, "Don't, don't, you know, tchepanish. We leave it the way it is." Okay. Let's go on to the next point. So someone asks me about investing in companies that are owned by institutions of Avodah Zarah. Now, we do have, um... If, if to, to, let's say, to lend money to a, a church, they want to build a bigger, uh, a new facility, whatever. So certainly, even if they're going to be paying interest, that's something

13:38 Speaker 1 which one, one should avoid. Um, the, the, the-- That, that's as much as I could find. I mean, Rav Meir Chazizhek has a tshuva about this. Um, I saw also a tshuva about some-someone asks, they had-- it's someone living in Israel. They had bought a, a, um, pair of beds, and it turns out they are from a certain factory which is in Eretz Yisrael, which is run by missionaries. And so they were very upset that they bought-- they have these. Are they allowed to use the beds? So the tshuva was saying that they are allowed to use the beds, um, but, uh, of course, if they were aware that this, buying these beds is, is supporting missionaries, of course, they wouldn't buy them. Uh, so we understand that. But I could not find, if someone listening now or later will be able to tell me. We know that banks, we, if we put our, our money in a, in a, in a bank for savings, the-- it's very li-like, like, it's likely they're gonna be lending it to Avodah Zarah stuff also. So do we have to worry about that? I don't think so because I, I, we're, we're not lending it for Avodah Zarah. We're lending it to a bank, and what they do with it is their, is their, uh, you know, it's, it's their business. But I couldn't find anyone who really addresses this problem, uh, clearly. Okay. So now let's go on to the next point then. Yeah. Okay. I got

15:15 Speaker 1 this question during this week. Uh, Monday, someone called me up that in shul, there's someone who's blind, and he had taken off his tefillin, left them on the table, and unwittingly had moved and the tefillin had fallen to the floor. I presume that the shul has got carpet, so the person, this blind person who w- he was totally unaware of what happened. And the question was, should we tell him what happened, or should we not tell him? So there is a whole interesting discussion. If a person does an inyun of, um, an avera mid'Rabbonon and he doesn't even know about it, is he, is he, uh, is he, um, doing anything wrong? So this is in Hal... In the Rambam, he says there's a Jewish... Let's say he has a restaurant and he sold treif of food. He didn't realize. A mistake. It can happen, a mistake. So the Rambam says, if he sold treif of food, which is treif min hatorah, he has to reimburse the customer. If the treif of food is only also mid'Rabbonon, he doesn't have to reimburse the customer. So the Poskim understand from the Rambam, the Rambam is saying that isur d'Rabbonon invi- violated unwittingly is not an avera at all. That's why you don't have to reimburse the customer. That's how they learn. So there was a story going back about a hundred years ago, perhaps a little bit more. So you had in Kovno, you had the Ribitzcha Hanon in his Sefer, in I think it's Beis

17:05 Speaker 1 Yitzchok or Ein Yitzchok. So he had a, a shailah that there was a couple who were married, happily, uh, uh, um, happily married, and then someone realizes that there was a serious mistake here, that their, their, that relation-- they had some kind of relationship. You have now something called shniyyus d'Rabbonon. There's some kind of relationship which is also mid'Rabbonon. When they got married, they didn't realize there's anything wrong. They don't know anything wrong now. Do we have to tell them, or can we let them continue living together in blissful ignorance? And the question was, is an isur d'Rabbonon without awareness, is, um, isur d'Rabbonon b'shogeg, unawareness, is that an, is that an avera altogether? So there are those who say it's not an avera altogether. In-- The Rebbe in Taf Shin Lamed BeFor in Avodah Zarah Pesach spoke about this topic, and he points to Tanya, I think in Peh Vov or Peh Zayin, where it says that if you owe isur d'Rabbonon b'shogeg, it's also got to do with, uh, the Gmar Klipos Satmar. So be that as it may. So here, here's the question. The person is unaware. Should we tell him about it? What's the issue? Well, we have a minhag of if tefillin, if one drops the tefillin, one would fast. He would fast. We discussed this a while, um, not too long ago, about someone with tefillin, and, uh, as mentioned from Rav Oznus says if a soifer has such an accident, he doesn't have to fast because he's, he's

18:30 Speaker 1 working with it. Where's the source of this business of fasting if tefillin have-- were dropped? So the earliest source is in a Sefer Mishpat Eshkol, Venezia, uh, about-- published about 400 years ago. And someone asks him about this minhag of fasting, and he, he says... Well, yes, in the last line you can see, "Ve'ze yaspi lo se-sem ech min hag-- min hag shon agu." It was already an established minhag that people would fast if they dropped their tefillin. And I think he says somewhere here the word of kapara. It's an atonement. So there was something wrong. If tefillin fall, it's something wrong, and then there is need for a kapara. So I felt that actually the person should be told, but since he's obviously much more limited in control because he's blind, in control of what's happening. So one certainly should give him the, the easier option of, of being pader and giving tzedakah instead of fasting. That, that's true. But on the other hand, not to tell him at all, lepoel, perhaps he does need to have a kapara. We have, you know, we have, you know, stories about people who were punished for things which they didn't even know that they did. So if, if this in-- or fasting or giving tzedakah instead is a kapara, I felt it would be correct to tell him, and perhaps then he'll be more-- try, try to be more careful. And on that-- But together with that to say that it's enough for him to give

19:58 Speaker 1 tzedakah. Okay. Let's go on to the next point. So I have a friend who is, uh, write articles for various, uh, jour- uh, magazines. You know, his-- One, one of his, his specialities is about zmanim. So he write, he writes to me an email that he had, um, just given a shiur in Lakewood. He lives in Baltimore. He'd be giving a shiur in Lakewood about zmanim. And the question was, which came up in the shiur, Shabbat was on Sunday. So the fast starts from, from dawn. So we will make Motza'i Shabbos, we'll make Havdalah, and then we'll have Melave Malka, and then however long later, an hour or two later, two or three, four hours later will be dawn, and that's when the fast will begin. But what happens if it's a place like Iceland or Alaska, which in June you have the longest days, the shortest nights, and it doesn't become properly dark. So in Iceland at this time, Motza'i Shabbos is at midnight. At twelve midnight. Iceland has, um, keeps the same time as England, but in, in real terms, they are an hour and a half away from England. As you count the longitudes, an hour and a half. So by there, midnight is one thirty AM. So Shabbos ends one thirty AM. When is dawn? One thirty AM. Dawn and Motza'i Shabbos is the same time. I didn't check out the exact timings for Alaska, et cetera, but this is, this is his question. So they can't make Havdalah on Motza'i

21:57 Speaker 1 Shabbos because as soon as Shabbos ends at one thirty AM, it's already the fast, which begins at one thirty AM. So what should they do about Havdalah? So, um, he had given his shiur, and then he spoke to the-- he wrote to the shliach in Iceland and told him that, that I'd spent a lot of time, uh, working through these shailas, but I hadn't actually dealt with this particular shaila. Okay. So what was his question? Should they make Havdalah on Monday, one thirty AM? Uh, all right. Uh, perhaps he wants to stay up to one thirty AM to make Havdalah. Or Monday morning make Havdalah. Or perhaps to make Havdalah on a Shabbos afternoon. Now, what does it mean to make Havdalah on Shabbos afternoon? In Gemara, it says just like you can make Kiddush before Shabbos on F- on Friday evening, similarly, it's a possibility of doing Havdalah without Havdalah candle, without a flame. The berakh of Havdalah from Plag Mincha. One would be allowed to do Havdalah from Plag Mincha, which in Iceland is about ten o'clock at night. So this is his question. Should we perhaps recommend that instead of leaving Havdalah till, till Monday morning, that Havdalah should be done on Shabbos late afternoon? It does not mean you're allowed to do melakhah, chas v'shalom. It's just doing Havdalah a little bit before nightfall. And so just like we have Zachor. "Zachrei hu b'nisose hu b'yitziyose." There's a mitzvah of Zachor, and before Shabbos comes in, but as Shabbos comes in,

23:48 Speaker 1 we zachrei hu, we say Kiddush. And when Shabbos goes out, we say Havdalah. So but it's not-- We don't mean that it actually changes the date. So this is his question. And his svara was perhaps one day delaying Havdalah is one thing, but to delay Havdalah two days or, or is, is perhaps better already to do on, on, on, uh, on Sh- on Shabbos afternoon, like late afternoon. So here I showed-- I responded to him. I'm sharing it with you. This is from, you can see from our Rebbe Shucan Aruch, Siman Resh Tsadik Tes. A person who's fasting three days straight, from Motza'i Shabbos straight into a three-day stretch. So then what should he do? He should listen to Havdalah from someone else. If no one else is available, so then he'll make Havdalah from Plag Mincha. Now, I, I want to, um, just, just stop, stop for a second. Why is that-- Why do I feel it's important to discuss this? Because we always wissen, but if there's a case of someone who becomes an oinen on Shabbos because a re-relative... No, not on Shabbos. Let's say if a relative passed away either just before Shabbos or on Shabbos, so Motza'i Shabbos, the person's an oinen, and they can't do Havdalah. They can't daven Ma'ariv, they can't do Havdalah. As soon as Motza'i Shabbos comes in, they can't do Havdalah. So they're-- In such a case, it's recommended that they, he should daven Ma'ariv and do Havdalah, um, before the end of Shabbos, and

25:24 Speaker 1 without, without a flame. Because there's-- otherwise, they cannot be able to make, make Havdalah Motza'i Shabbos because of aninus. So that's why one, one should know. It's only this reason, but if there is such a case, that's when this would be, this halakhah will be brought in. But coming back to, um, under normal circumstances, no. This idea of doing Havdalah late on Shabbos afternoon is overall discouraged. This fellow's fasting for three days on the trot, and by the time he'll finish his fasting on, on Tuesday night, he won't be able to do, uh, Havdalah. That's why it's permitted to, for him to do on Shabbos afternoon. And he says, "By night, he'll make a bracha on the fire and the besamim. Davening Ma'ariv also before." Okay. But then the bo-bottom two lines. "Avod mishe misaneh beis yomim bilvad." If a person's fasting two days, certainly only one day. "Lo ya'avod el beshabos mibbeidehem ela bemitzo heyeim beis." So even if it's a two-day delay, what we're seeing here is that that is still better than doing this concession of doing Havdalah on Sha-on late Shabbos afternoon. It's very confusing, and it's only allowed in very, very extreme situations. Okay, let's go on to our next, uh, question. A very common question of mix-ups in dishwashers. Now, the, I mean, bichlal, this is one of the most common shailas is, which I'm going to get, is about mixing up of the washing of the dishes, fleishig and milchig. The first thing I ask when, when a,

27:06 Speaker 1 a shailah comes to me, it comes this way, is did they use washing up liquid? And if they used wa-- also, I ask, how hot was the water? But did they use washing up liquid? If w-washing up liquid was used, so then the taste of the leftover gravy and the taste of the leftover pizza, they're all tainted with Fairy Liquid. And Fairy Liquid, um, choidim bekomei munach, is not very tasty. So therefore, it-- what we have a concept in halakhah, no'es in ta'am lifgam. It gives a, uh, an off, off-putting taste, and that doesn't make anything treif. That we know if something is more than twenty-four hours since it was last used. So we have this yesod in halakhah that if something is more than twenty-four hours... Sorry. So if that something's got a, a bad taste, so the treif doesn't happen because it's got a bad taste. The problem with-- that's with a... Well, that's with, with a, uh, with a sink. The problem with a dishwasher is that the dishwasher has a rinse cycle before the soap gets in. Then you have to know whether the rinse cycle, the first thing, is it hot water or cold water? Because if it's ta'am, the first thing is hot water, then you could have here a spoon which has got some fleishig on it. Next, you got, you got a fork which has got some cheese from the pizza, and you've got a str-a stream of boiling water, and it's making a shidduch. An un-un-un-un,

28:42 Speaker 1 you know, an, an unworthy shidduch between the two. That's where we have the problem. So I've never, um, I've never risked spending time inside a dishwasher whilst it's, uh, running. But this is really what it depends on. What is the first, um, cycle of the dishwasher? Is it hot water or cold water? So here I've got here from a Sefardishe sefer. He says that, "Robei ha'madichim habaisi mekubal." In most domestic dishwashers, mekubal, we have a tradition, and the first rinse is going to be with cold water without soap. I don't know where he has his tradition from. How do you have a tradition about what goes on in dishwashers? At any rate, um, if that's the case, yes, then he's right. He takes an overall view that, that, that, um, it would be okay. And to the point that he's even, towards the last paragraph, he's even, uh, g-gearing towards saying that you could lechatchilah do this. Um, but then the last line, as you see, "Bnei Ashkenaz ma'achmidim bedavar." Ashkenazim don't rely on this, um, the idea of, of lechatchilah relying on no'es in ta'am lifgam. So definitely lechatchilah, we wouldn't allow such a thing. But bedieved, one, o-o-one could... It, it, this depen- it, it really depends on what was the first cycle. If your first cycle is hot water, then we're in hot water. If, uh, if the first cycle is cold sta- is cold water, then there's certainly one could be make or that the dishes are, are kosher. And what

30:30 Speaker 1 happens later comes with soap, so then that again is kosher. Let's go on to the next thing. Um, okay. We've discussed this thing before about leaving food under a bed. And so mother is asking that her son went off to yeshiva, and he kept tea bags in his suitcase under his bed. So now he's ask-- she's asking, is he allowed to use the, the, uh, the tea bags? There are also boxes of, um, of vitamins, of vitamins. Blosh in America. And so the question was- Are those things usable? Now, I'll, I'll just sh- I want to share with you, um, my own policy about the, all of these inyanim which are, shall we say, about Ruach Ra'ah, et cetera, which we don't fully understand the, the, uh, the mechanics of them. I take the view that, Ein HaChavoyos Mechidushoy. That if it's identical to the, to the precedent which is discussed in Poskim, so of course we follow that to the letter. But if it is a little bit different, then I would take the, a more lenient view. So now we're reading here in the Shechinach, the Alter Rebbe Shechinach, Lo yania-- Lo yiten tav shilish or oichlino mashkim tachas hamito. One should not put cooked food or other foods or drinks under a bed. Mipnei she Ruach Ra'ah shora alei, because it brings a evil spirit to, to res- rest upon them. Afilu hei mechu pim bechli barzel, even if they are covered with metal, uh, a metal container. So, so let's say

32:10 Speaker 1 t- cans of, uh, Coca-Cola, whatever it may be, also one wouldn't leave under a bed. So what I felt, though, is that teabags are not food as such. They can be m- they are-- can be made into food, but you can't eat teabags. And on that basis, I felt that one could be more lenient. The vitamins, I wasn't so sure about. I just felt, again, vitamins are quite expensive, and possibly to take the view that the vitamins are also not a food. They are more a, uh, uh, me- like a medicine. But, but certainly with the, with the teabag, I feel more confident to say that, uh, to take the lenient view that they are not called food as such, and therefore the Ruach Ra'ah shouldn't be a problem. Of course, we're talking about Bedieved. Someone's asking in the chat, "What would you say regarding medicines in the pocket when one falls asleep on them?" Yeah. Uh, again, as I say, when one... I would, I would take wherever I can take a lenient view and say it's not mamash, voren kav ayosam. The late Rav, uh, Rav Yaish Schneibal talks about, in his Tshuva, Shechaga Hameir, he talks about the, uh, tray under a pram. Remember the old thing that used to be, many years ago, used to be something called prams, and used to have, uh, trays underneath for the shopping, and there's a baby sleeping. And he says it's okay because it's, it's not myuchah. It's not like the under the bed

33:43 Speaker 1 where the Ruach Ra'ah is in, is, feel comfortable there. Um, so when they're asked, when it's not mamash, the, uh, as the precedent in, in, in, in Gemara, one can take a lenient view. Let's move on, and this might actually impact the question which was just asked, someone who fell asleep, um, and had a medicine in his pocket. The medic- uh, medicines. Now, medicines, again, I'm s- I'm not so sure whether they're called a food altogether. Okay. So the next question is about people falling asleep. There's, uh... We're going now and celebrating Siyum HaRambam in a few days. So one of the, uh, prominent shluchim in America, once he said, "By Kinas Torah," he said, "By Kinas HaShluchim," he says, "The Rebbe took care of everything." So if we have a problem with falling asleep, it's the Rebbe took care of it. He told us to learn Rambam. So, uh, you have your shia, your three brocha Rambam, and you're, uh, uh, it's late at night, and it's, it's a zgula. It's a zgula to fall asleep, you know. So you have a possuk, Veshinantom l'vanecha. Veshinantom l'vanecha, they'll say you, you, uh, try to learn your shiurim, and you start falling asleep. So here's the question. Uh, he's sitting at his, his table or in his chair, and he's doing his shiurim, and he falls asleep. And now it's 1:30 AM or 2:00, and does he... And he wants to continue finishing his Chitas Rambam. Does he have to say Birkat HaTorah? So I

35:28 Speaker 1 think we discussed this not too long ago. Why does it, why even, why does it come to Birkat HaTorah? Why don't we say Birkat HaTorah at Shkiah? We know that by even the day switches from... By, by the, the date switches at, at sunset, so why do I not have to make a new brocha of Birkat HaTorah in the evening, by Shkiah? And the answer is, as Rabbi Ben Yona says, that the, the evening learning is a Hashlometh, complete. That which you missed out, didn't manage to finish through the day, do at night. We have also the possuk in Yehoshua, Vahagiza bo yomam va'laila. So it's yomam and then layla. So Torah, the evening, is still connected to the previous day, the preceding day. So when does the evening end? So the ruling which is we're seeing over here, if you can see on the right, this is from the Piskei Tshuvos. He's saying the following. The whole second line, Vechaz man sh'leyosha shinat kvah ein kan hefsek. So long as there wasn't a... I don't know how you translate shinat kvah in English. Don't say permanent asleep. That's not a very good term. That's not what we mean, yeah. We mean is, it is pre- sleeping properly. There's a difference between napping and going to sleep. Napping, you can sit on a chair and, and doze off a bit. That's called napping. That's, uh, the shinat arai. Shinat kvah, we'll see a bit more definition soon. Then if you had a shinat kvah, a

36:56 Speaker 1 proper sleep, then you'd have to make a new, a new brocha when you wake up i- if it's during the night. But, and if you have just a dozing off, that itself is not enough to, to, uh, warrant that when you wake up, you have to make a Birkat HaTorah. So let's look at the second column. Um- But bedside sheenas kavod, how do we define properly sleeping? So here he goes quite balabatish. He says, "You take off your day clothes." "Sh'posh et balbushav. Each person according to their, their, their use or what they're used to, and is sleeping in a bed with the cushions and with the blankets, and he sleeps at least a half an hour. But if he's missing out in any of, any of these three conditions, even he slept sever- several hours, that's still called a nap. It's not called a proper sleep. Unless you're the kind of person who sleeps like that. Some people sleep in their clothes. Some people sleep on the, uh, armchairs possibly. Uh, and they're not planning to sleep any, in, in any more Mehudedik way. But if this for you is not the proper sleep, it's just a, a short nap, and, I mean, or certainly if a person falls asleep at the table, at the, at the desk, that's called, uh, a sheenas ara. That would not be a hefsik to cut off the continuum of the original beracha from the m- early, m- the, uh, first morning, the previous morning. Therefore, you wouldn't

38:27 Speaker 1 have to make a new beracha, which I, actually for me, this was a Chiddush. Because till now I've, uh, I've, you know, I've, I've been in this situation many times. I'm sitting there with the Rambam and I'm just falling asleep and, uh, and then I fall asleep, and then I wake up, uh, like, uh, half an hour later and it's well after chatzos. And I think, "You know what? Birkat haTorah, I can't say it yet. I'll go to sleep. I'll take a mortgage and do it tomorrow." Um, now, um, I don't know what I'm gonna do. Well, you know what I'm gonna do, I'm gonna learn Rambam earlier, so I shouldn't have this problem. But, uh, th- this is what we're seeing over here, that in order to warrant a new Birkat haTorah, it's only if it's a sheenas kavod. Now, till now, I've shown you here from the Sefer Piskei Teshuvos. His source, his primary source, is a Sefer called Kerem Kedovid. Um, I'll show it to you. It's Kerem Kedovid. It's actually, he was a dayan in Satmar in, uh, before the war. Uh, it's very, very nice, uh, very clear style of presenting stuff. So he, he makes this point, sheenas kavod. But now I'm gonna show you the Alter Rebbe says this also. So here we got a piece of Alter Rebbe's Shulchan Aruch in Siman Mem, uh, Zain, Din Birkat haTorah. "Och shelo midba laylo." One is learning by night, at night. "Kol zman shelo yoshan." So long as he

39:49 Speaker 1 hasn't gone to sleep. "Ein tzorich levarech ledivre hakol." You don't have to make a new Birkat haTorah. "Shehalaylah holech ach ha'yom." Because the night belongs to the preceding day. Very clear. "Och sheyoshan sheenas kavod, vehiskin kodem al hashascha." But if you... Now, here we add the word sheenas kavod. If he slept a sh- a, a, a proper sleep, ah, he slept a proper sleep, then when he wakes up, he has to say, um, a new Birkat haTorah. And so for people who get up for Tikkun Chatzos, they'd have to say Birkat haTorah if they had, uh, if they had a proper sleep. The only thing which is missing in this detail, and the Alter Rebbe doesn't mention how long. In the Piskei Teshuvos, he mentioned about half an hour. That detail is not, is not spelt out over here. But other than that, everything else, it says ex- exactly the same thing. The Alter Rebbe is saying that a, a hefsik of Birkat haTorah is only if it was sheenas kavod. Let's go on to our last point, and that's about erev Tavshin. So when Yom Tov occurs on a Friday, so then we want to have permission to be allowed to cook on Friday for Shabbos. We want to be able to put up a challah on the Friday of Yom Tov for Shabbos. Now, we know that you're not allowed to cook on Yom Tov for after Yom Tov, only for Yom Tov itself. So here there's a special takanah called erev Tavshilin,

41:34 Speaker 1 which allows you to cook on Friday of Yom Tov for Shabbos. What's the reason for this? So there's two reasons in the Gemara. Kovod Shabbos and Kovod Yom Tov. Kovod Yom Tov is the following, that there seems to be a little bit of a aberration, a little bit of a compromise on the Kedushas Yom Tov. Yom Tov, you say, "No, you, you can't do Yom Tov for, for after Yom Tov." And here you are allowing this. So you say, "No, you're only allowed to do on Yom Tov if you did the ha'azarah, if you started before Yom Tov, so you can continue. But if you hadn't done that, you wouldn't be allowed to do some, uh, stuff on Yom Tov." So that kind of to preserve Kovod Yom Tov. Then there's the other reason is Kovod Shabbos. Ah, the family come together, they're celebrating Yom Tov, and they have a lot of food. But then it could be that all the food, all the goodies, are finished off on Yom Tov. It comes Shabbos, there's only a, a can of tuna kind of thing. There's hardly anything left. So in order that you should have in mind Shabbos is also coming, so Chachom made a takanah that whilst you're cooking on, on Wednesday or Thursday, whatever it may be, um, erev Yom Tov, you should put aside some food for Shabbos symbolically. In this way, it will remind you to put aside, uh, enough food that you should have food for Shabbos also. Now, the

42:59 Speaker 1 question which I'm addressing today is, I have someone who's a fr- a friend who's living in assisted living, and he calls up, calls up erev Yom Tov, "When you make your erev Tavshilin, can you have me in mind?" Now, we all know the story of the person in Gemara Bava, a person who forgot- To make an Erev Tav Shilin, and he comes to... I've forgotten who the, the iju was, and he said, "I forgot to make Erev Tav Shilin." So he said, "You can..." The Amora said... The Rosh Yeshiva said, "You can rely on me." Came next year, next Yom Teru, whatever, next time it happened, and he came with the same story. He says, "Everyone else can rely on my Eruv, but not you. If you are not doing an Eruv yourself, you can't rely on my Eruv." So you can... Uh, I once told this, uh, re- this Halakhah to someone, that you c- that you can only get to, uh, rely on the Rov only once or twice, but after that, you, you won't be able to. She said, "That's a good, that's a good reason to change rabbis from time to time." Things like this, you have a... If you forget, yeah, your Eruv, you can still get to, yeah, get away with it. But meanwhile, so the idea of having the Eruv done by the Rov for the whole city is certainly seen as a B'di'eved, and only... Thank you. I think that's Shmuel. Thank you. Um, it's, it's only

44:25 Speaker 1 B'di'eved. Well, ienia or not. So here's the question. Can you ask someone... So she's asking me, out of Yom Teru, now I'm asking, "Can you have me in mind when you make your Erev Tav Shilin?" And I, I, I say, "Yes," but, uh, the person's assisted living. He's not really doing much Melakhah. The only thing is that this year he's lighting candles, so for that, possibly. He doesn't need to have Erev Tav Shilin. So I was, I was of two minds about this. So now let's take a look in... This is the Dinim of Erev Tav Shilin. It's a Siman Tov Kuf Kaf Zayin, and we're now looking at Mishne Brurah. Yeah. So that's where it has the Chaf He, Nik Kra Pesha. The person who doesn't bother and just relies on the rabbi is Pesha. Mipnesh et hakonas hakhomim ho yoshe kol echad ve'echad ya'aseh erev tav shilin be'atzmo. The original zakon is make your own Eruv. That is kadeshi yes zochor. Sheim mi yom teru l'shabbas osen l'vashel. It is re- it's, it's a reminder and awareness. If you're not allowed to cook on Friday for Shabbos, mi kos rekein mi yom teru l'cheil. Well, mi hu... And then here's the, here's the, um, Chidush of Mishne Brurah. Mi hu lav davka hu be'atzmo. To hu ha-din im man asshaliach nami. The shluchei shel Adam Kamoisoi. That you can also do an Eruv via a shliach. V'libo el la'apuke erev shel gadol. The objection is not to rely on the Rov. Shemeich mitav

45:52 Speaker 1 shilo iveininim l'cha b'ev she'as asi yose. That you didn't discuss anything. You're relying on the rabbi. He does it when you're not doing anything. That's the objection. That's called a Pesha. But if you call up someone, you go over to someone and ask him to include me in the Eruv, in his Eruv Tav Shilin, Mishne Brurah seems to be saying it's okay. Now take a look in the bottom. Underneath this, the Lamed Zayin refers us to Rosh V'Tou... No, no, no, no. Um, the line before that. The first, first line. V'hu ha-din im hagdol yomar lo kodesh. V'chein kosuv in Har Sholom. V'chein mashma bis Shivolei Haleket. Siman Reish Mem Bet. So he's got his source in two places. Sefer Nahar Shalom, and earlier on in Shibbolei Haleket. So let's first go to the Shibbolei Haleket, which is one of the, uh, a later Rishon, and then we'll look at the, um, Nahar Shalom. Venidra li d'vadai adam yochal lismoch al chaveiro im omar lo she'ya'arev bishvilo. That you are allowed to rely on someone else to make an Eruv for you if you ask them to. The shluchei shel Adam Kamoisoi. It's fairly clear. It's not totally clear. Why? What's not so totally clear? Because possibly it means that the someone else is taking my food. I give them my food. I give them my piece of fish and my matzah, and do make, you make this, the, the Eruv for me. Does it mean that he is making the Eruv with his own

47:26 Speaker 1 food and having me in mind? That's t- perhaps why the Mishne Brurah says it's mashma. Nahar Shalom, which is here on this side, over here. Um, and it comes here. And he says, posture at that, that... Sorry. That the objection not to rely on the Agadola here is only if you're just relying because he does it for everyone. Aval kol dom moi da lehu kodem she'ya'arev. If the Rosh Yeshiva, the, the Rov will say before he makes the Eruv, and he says, "Ani a'arev bishvilchem. I'm making a Eruv for you explicitly. I'm having you in specifically in mind. Naaseh shlucho bahava leichim m'arvim, m'arvim heim." It's as if they did it themselves. So the Nahar Shalom is c- pretty clear that you could have, uh, a, a, an, someone to do the Eruv for you. But it, sh- this, this was very difficult to understand. If the point of the Eruv is one of them is Korban Shabbos, and Korban Shabbos is to remind you on Erev Sh- on Erev Yom to have enough food for Shabbos. What does it help that the Rov is saying that he's making an Eruv for you? You could say that the conversation with the Rov, that achieves the, the, the same effect. So certainly the Mishne Brurah takes the view that you could have, uh, someone else to do an Eruv, and it's the Shliach is using his own, his own fish and his own bread for the Eruv. That's Mishne Brurah's view. Now, as I many, many

49:03 Speaker 1 times I quote the Sefer Piskei Teshuva. And, um, I say, in the Piskei Teshuva, he actually takes a stricter view, not like the Mishne Brurah, and he bases himself on the Alter Rebbe. Now, I have a newer edition. The earlier edition, they didn't mention anything about it. When the newest edition of Tav Shhin Ayin Tes, r- he r- raises this, that it's not so poshet. Now, let's take a look at the Alter Rebbe. That's the top of the page. "Ve'ein tzoch l'ima she'im lo shachach klal ela she'somach al hareuvei shel gadol ha'ir v'al adam acher she'netzavvin b'eiruvai v'hotzeiv eiruvai." If you rely on the Rov or someone else, "She'eino yotzer b'eiruv zer kalal." You're not yotzer. "Shekol adam chayav l'orev be'atzmo." There's a duty each one to make their own Eruv. "Oi yetzaveh l'acheirim she'ya'arvu b'soch beiso mi sheloi." Or you can instruct someone to come to your house. To Sant, not in his house. In my house. He'll come to my house, he'll take my fish and my challah, and he'll say that he, he'll make the, he'll, he'llthe Adir for me. So it could be, it could be sometimes there are people who are not so learned, so they don't know how to do the Adir. So the Rav comes to their house or sends their Shaliach to the house and say, "Bocher, do the Adir with them." There were people you can see in Malachim. There were some, sometimes they had their Rav. Rabbonim would send Schluchim to the houses of

50:34 Speaker 1 people who are less knowledgeable to do the Adir for them. Sheshlucha shel Adonchem Moshe. In the Alter Rebbe's... You can see there's a little base there. That's for the Kuntress Achron. Um, Mishnah actually mentions this Kuntress Achron. And that is a whole discussion. If I'm doing your mitzvah, can I make a berachah? I'm making your Adir. I'm putting up your mezuzah. Who make-- Can I make a berachah on your mezuzah? Or if I'm putting up your mezuzah, can you make a berachah while I'm putting up the mezuzah? And the Alter Rebbe takes the view that you can-- that I can-- I'm, I'm doing your mitzvah, I can make a berachah. If I'm reading Megillah for you, I can make a berachah, et cetera. Well, you know, if you can't do the berachah. So the Alter Rebbe seems to be very clear that it has to actually-- that the, this, um, this story which she's asking me to make-- to include me in her Adir of Tafshilin, according to the Alter Rebbe, seems to be unacceptable. According to Mishnah, it seems to be acceptable. So, all right. So, uh, each one to their own and, uh, Nara, Nara, Pashte. It's, uh, Din D'Rabbonon, so, okay. Let me just finish off with I want to put the question to the Olam, and I'm tremendously appreciative for everyone who's, um, participating. I realize that some people are finding it, the timing obviously is, is not so comfy- convenient. I want to know if a 15-minute delay or 15

51:59 Speaker 1 minute or more, would that make it, um, more manageable for people? I'm thinking, uh, further up, up north with Plagg Amunche, where the early time, earliest time you can have Ma'ariv in your shuls. So, um, let me know and I, I'm, I'm quite okay to, uh, delay. I see Rabbi Mendel is suggesting, um, this 15 minutes. Would that make the difference? That would make a big difference. Okay. So if, if, if anyone ha- says the opposite, let me know either way. I'm, you know, I'm... I'll, I'll go Basor Harov, uh, who tell me what they're, they're in-- 'cause I'm not Yudei Machshavas, not qualified as yet. Okay. So, uh, if, if, if I don't have many objections, and I have many yay- yays for that, um, well, possibly next week I'll put it on the, on the notice. I'll, I'll put on what the time will be. All right? Okay, then. I wish you all a good Shabbos and, uh, zei, zei taldik gezunt. And, uh-

52:59 Speaker 2 Shabbat Shalom.

53:08 Speaker 1 Shabbat.

53:09 Speaker 3 Shabbat Shalom.

53:11 Speaker 4 Shabbat.

53:12 Speaker 1 Thank you.

53:12 Speaker 3 You too.