קרח תשפ״ד

00:10 Speaker 1 Good evening, and welcome to tonight's Shiur. Today is Thursday of Parshas Qairech. Let's see what we have as our preliminaries. So one of the benefits of giving this Shiur is that people-- If I make mistakes, people correct me. So one of the mistakes was that when you announce a website, you don't have to say HTTPS nowadays. You just say vimeo.com/963655633, and that is the, uh, that's the link for r- my son Yaakov's rendering company. For where if you have a, a building plan to have it all beautiful in, in, in virtual before it's built, help you plan it. So that's, uh, a contact there. If you want to have more information, get back to me. Um, Baruch Hashem, the next preliminary is, Baruch Hashem, the campaign for the fundraising for the Seder. It's going very well, Baruch Hashem. Thank you for those who participated. We are in Tova generously. We're now, I know it says here eighteen, we're now, uh, closer to forty, uh, a thousand dollars. BeEzrat Hashem, we'll get there, uh, forever and be able to celebrate and enjoy the new Sefer. Over a hundred donors altogether have participated. Okay. Now, having said those preliminaries. Also, a mazal tov to Pinches Rabin and family on the chasuna this past week of their son, Shaul. So our first question is the Brocha HaMapil. Is HaMapil a chiyuv or is it something which is optional if you... And the practicality of it is... So the question is basically, uh, is the mother is asking that

02:34 Speaker 1 she often goes to bed, and then one of the children, the next room starts asking for attention, and then she has to be mafsik. And generally, we know that we're careful not to be mafsik after HaMapil, so then it becomes a bit frustrating and perhaps to say, "You know what? Let's just not say it." And I've heard also of some, some cries in some circles where they avoid saying HaMapil because of the Hashash of Hefsik. But on the other hand, if you think about it, it's, it's a brocha which is written in the Gemara. Like, Tefillas Haderech is a brocha written in the Gemara and so on. It's a brocha written in the Gemara. It's part of the Meyer Brochas. And so it's, uh, it's a Kolos Kazal. Who is it made for? I once remember, I once asked my father, you know, that something in the Siddur, Baruch Hashem. So I asked him about this thing, and he said, "Do we have to say it?" He says, says, "Well, the Daf Yomi from Vasman to Zaran, they can consider. If it's something which you don't need to say, why would they put it in the Siddur in the first place?" If it's there, it's there. Generally, that's the case. It's there to be said, yeah. Okay. But now we have here from the Piskei Teshuvas. You have here from a Sefer who was, uh, written by Talmid Chacham of the Tzanzerov. So-- And let's read what he has to say. "Mitzat Hadin," he writes,

03:54 Speaker 1 "Mutar L'daber Achar HaMapil." You-- Mitzat Hadin, you are allowed to speak after having said HaMapil. "Ve'einu Doyme L'hamotzi." Don't compare it to HaMotzi. Once you say HaMotzi, you're not meant to interrupt until you've eaten some bread. "Shehasheinu Einu Mesura B'yad Ha'adam." It's not as if you have control to switch on. You're a Hilah Prachi, yes, but most of us, we don't necessarily switch into sleeping at a whim. "She'pa'am Im Einu Yochel Lishan." Sometimes you, you don't-- can't fall asleep, whatever it may be. So it's not like a, like a brocha on food. It's a "Takono Chan She'knes Zagzeila," like we say Hashkiveinu in Mahid. And after that, we're still gonna be awake for a couple of hours, possibly. And there he says, "If it's then-- If it's Nochut," then there's something urgent which comes up after you've said HaMapil, okay. So you can address it. And for that matter, you're allowed to eat and drink if needed to-- if necessary. And there may be something else, even though if something, uh, some urgent errand may be done after HaMapil. This idea of not talking after HaMapil is not mentioned in Rishonim, he says. Ramoh does bring up, um, um, this idea, Minchah, of not talking after HaMapil. But he says, "Pasuk Imar Blevavchem Al Mishkavchem V'doim Usel." So this is a Pasuk quoted in Gmara Brochos in connection with Be... Kerishat Shelo Amitom. "V'doim Usel." Okay, you've s-- "Imar Blevavchem," you'll say to your husband, then perhaps this Al Levavcha, the Shema. "V'doim Usel," and

05:32 Speaker 1 then you're gonna go quiet. So there's a Minchah to be quiet, but it's not that it's a Issur if necessary to interrupt. And he says, "Therefore, you are allowed to be mafsik if necessary." Then he has another Loshon, which is very, uh, significant. "Hayoshim B'li HaMapil K'ochel B'lo Brocha." Although he said, "Don't compare it to HaMotzi," on the other hand, he seems to be saying that this idea of sleeping is a Hanu'a, and it's as if it's like a Hanu'a. You're making a Brocha for the fact that Hashem gave us this benefit of sleep. And therefore, if you fall asleep without Amap, it's as if you're eating without a brocha. So that's what he has from this, says Talmud of the Tzanzerov. Then he has from the son of the Bnei Soscha, who says, let's see, it's even more strict than eating without a brocha. So anyway, so what we are seeing here is, certainly the advice is, say Amapil, even though you run the risk you might have to, you might have to interrupt. At this point, say Amapil. If you do have to interrupt, send it to your fellow. Now, then what happens to some people who fall asleep and then they wake up in the middle of the night and they realize they haven't said Amapil. So, and they're going to, they're continuing to sleep. It's not as if they're going to get up now. So it's the middle of the night. You fell asleep without saying Amapil. And now you woke

07:01 Speaker 1 up. So Da should know. So there's also from the Episcopate Shuras that if you fall asleep without saying Amapil and you wake up in the middle of the night, so long as it's not dawn yet, and you intend to continue sleeping, say Amapil then. Then he points out about washing your hands, negel vasa. Obviously, we won't go into that now. But washing your hands before because you've been sleeping, so you wash negel vasa. Now, I'm sure we're all familiar that there's a meaning not to say a brocha whilst negel vasa is in the room. I suspect that that is referring to, first of all, that concept of not saying a brocha when negel vasa is in the room is not mentioned in earliest form. You're talking about something, let's say, two hundred, two hundred and fifty years ago, Chiddah, et cetera. I remember I once asked Rabbi Yeser Goldberg, well, I showed him the Yeshiva in Brunoy. This is going back forty-five years ago plus. And he, a couple of days later, showed me it's in the Berkei Yosef. Okay, so we're talking about back then. It's a long time ago. Sorry, well, it's two hundred and fifty years ago, but it's not in the Gemara or in Rosh HaNan. So possibly this idea of not saying a brocha with negel vasa in the room is talking about the negel vasa at the end of your sleep when you're staying up. Well, negel vasa in the middle of the night for whatever reason may be

08:28 Speaker 1 wouldn't be a need to avoid saying brochas whilst the water's in the room. That would just be another, how do you say, disincentive to say the brocha then. Let's move on. So someone asked this past week, there is a minhag in Broughton's Shechinah if someone, if someone fell asleep, sorry, if someone forgot to light Shabbos candles, if a woman forgot to light Shabbos candles, so then there's a knas, like a penalty from there. And then afterwards, every Friday before Shabbos, she lights an extra candle. So if she till now has been lighting four candles, now she'll light a fifth candle every, every Friday afternoon, Friday evening. So here's the question. It was asked, what about Yom Tov? Now, first of all, practically, it's not the same as Shabbos because Shabbos, once it's sunset, you can't do anything about it. And you come to the table, you see there's no candles or the candles are, haven't been lit. There's nothing you can do about it. There's Shabbos. Whereas Yom Tov, if you realize that you come to the meal and you haven't benched licht, so all right, you know, you can deal with it then. So it's, it's rare that there should be more, more, more far-fetched that there should be an incident of someone not light, of a woman not lighting Yom Tov night. Could be if they invited out or something and they forgot to light in their, at their hostess. Could be, it's, it's more infrequent. And there's a general view of something

10:23 Speaker 1 which is unusual. There's no need to make a special institution, a special takan. So there's, that's, that's, that's one argument. Another point is, may, may not be so relevant, is there a mitzvah to light Yom Tov candles? So I've seen in Shuken Aruch it says, it is a mitzvah and you make a brocha. That's what's done. There are rich women who say it's not a mitzvah because Shabbos, the mitzvah is to, to make sure before Shabbos that you'll have light for the Shabbos evening. Yom Tov, you can deal with it when, as and when. So there's no, wasn't a need, but that's not what we follow. We follow when we do say a brocha. So we take the view it is a chir. As I say, the omission of not lighting is, is not such a common thing. Bottom line is, well, there are those who say that it, that the knas does not apply to Yom Tov. Others say it does. And some say it's darker from Yom Tov. Other Yom Tovim says it means also for Shabbos. It's, it's, it's not clear. And the Piskei Chovos writes, I think wisely, that any doubt which is here in this thing of a knas should be dealt with, should be tilting towards rather being more lenient. Of course, from Mishneh Berurah, um, on a similar, a similar vein. We're talking about a knas which is, its origin is in later, uh, later sources. Fine. And then we do have this knas. But if there's room

12:11 Speaker 1 to, to, uh, argue that it's not, just doesn't apply, you can take the lenient view. Okay. So I would say not, not to worry about it. Just move on. Okay, so now we come on to a question which took me a while to, to, um, research and come to some clarity. So here's the question. Um, um, someone's staying at a non-Jewish hotel and doesn't have his own Shabbos kettle. Is he able to take water from the hotel's hot water system, hot water urn, et cetera? That was the question. So here we have a diff-- Now, first of all, to know the address. It's important to know the address of each halakha, where there's discussion. Amira lenochri is in Siman resh ayin zayin. There's, uh, uh, various places around Shulchan Aruch is the idea of amira lenochri. But here we're not dealing, uh, with amira lenochri per se, as much as hanah mimay sei ha'nochri. What a Goy did on Shabbos, melacha done by a Goy on Shabbos, whether you ought to have benefit from it. That... The address of this halakha is in Siman shin chaf he. So there you have a difference between if a Goy lit a candle. There we use the principle of neir le'echad, neir le'meah. So you're allowed to have... A Goy lit for himself a candle, and you are, you are using the same room, you're allowed to enjoy the light. When it comes to tav shil, a Goy cooked food, let's say in the case of a chole

13:53 Speaker 1 sheyesh besakan... A she'eyes besakan, a Goy cooked food, and it was-- that was permitted for the patient. Well, then you wouldn't be allowed to have from that food because shema ya'al bebishvila, in case the Goy will consciously add more food to, to cook, cook more food for the, for the healthy person. So then we're not allowed to have the, the, uh, food from which it was cooked by a Goy. The same thing if the Goy cooked for... He heated water for himself. Let's read, read, read this now. Uh, although I told you shin chaf he, this I'm reading from Shmiras Shabbos KeHilchosa, chapter lamed. A Goy boiled water for himself where there's a concern that he may add water for a Yid, then a Yid is an asur to have benefit from that water, from that hot water on Shabbos, because of the concern that the Goy might add do melacha of... For you, of lighting more water... Of, of boiling more water. Then he goes on, if this concern doesn't apply, v'im she'eino, when this is... It doesn't apply, say he doesn't know who you are, or you come into a coffee house and they're doing for their Goyishe clients, and they've already boiled the water. Or if you are a guest in a Goy's house, and you've told him, "I don't need hot water on Shabbos," and he boiled water, then you're allowed to, you're allowed to drink it. This is what the Shmiras Shabbos KeHilchosa says, and his sources are going back

15:28 Speaker 1 to some late Acharonim of people going out to a spa or something, a health resort, and whether... But they're, they're addressing more if the person's a chole, and that's why it- they're more kind of trying to accommodate. So it's not so glatt, yeah? So let's take... read that, those last couple of lines. The Yid is staying in a Goyishe house, and he told the host, "I don't need hot water on Shabbos," and the Goy heated water. Then you're allowed to he-heat water because there's... You've told him, "I don't need water." That wouldn't help you in the case where, uh, you didn't tell them, "I don't need hot water." Yeah? So you're in a hotel. You don't go not telling everyone you don't need hot water. So not so, not so clear, yeah? What I would say is, though, that what, from my little bit of experience, is that in many, many of these places, the hot water is plumbed in. It's not that they have a big urn like a Shabbos kettle, and they fill it up, and then... Rather, it's, it's connected to the mains, and there is in the, in the... Whatever it's called, a percolator, whatever it may be. But it, it's got, it's got, um, let's say, a container which will... A tank which will contain two liters of hot water, of boiling hot water. As you take water out from it, from the dispenser, so then cold water will come into the tank, and the thermostat will click in or

17:07 Speaker 1 wake up the, the element, and it'll heat it. So really, first of all, I don't, uh... Am I, am I allowed to ask the Goy to take water for me even though I know it's going to trigger the, the mechanism of, of causing more water to be heated? And the answer is yes. I'm allowed to ask the Goy even though I know that more water will come in. Because there's a rule in psik-- in, in, in, uh, amira lenochri that psik reisha is permitted. I'm asking a Goy for to do A. The fact that B is gonna happen as a consequence, that doesn't matter. So I would even be allowed to ask the Goy to do this for me, to, for, to, to, um... Knowing that it's going to add more water, but that's not the intent. So because they're plumbed in, so they're not... He's not doing anything. So I don't see a problem. Of course, yourself, you wouldn't be allowed to take from this dispenser because what I've just described. Because as you take water from the dispenser, you're going to cause cold water to come into the system. But that's, uh, for yourself. But to ask a Goy to... That, that's not a problem. So the one who asked me the questions b-got back to me today after he saw the list of questions, and he said actually he wasn't talking about a dispenser and at the bar. He was asking about taking water from a hot water urn. So it's, uh,

18:29 Speaker 1 less, less, um, sophisticated. It's a simple urn. Would you be allowed to take water from there? There I'm a little bit concerned, as we've just seen here. I mean, uh, if they have such a system, so then they're going to have to check up and see is there enough water. And if there's not enough water, they're gonna have to add water. So possibly they are going to be adding water because of their Jewish clients. Whether you're one out of a hundred guests or, um, ten hidden out of a hundred guests, I don't think it makes a difference. The point is that they have to accommodate and provide water for, for their guests. So I'm concerned that there-- that i-inion of shema ya'avod b'shvilo will still apply. Okay, let's move on. Since we're talking about hot water, so then that brings me... So I had some feedback about last week's discussion about going to Scot-- to Starbucks. Just to remind you, I had, uh, discovered in Kitzur Shulchan Aruch that he sees... He quotes from the Poneim Me'irios that having coffee, uh, in a coffee house is similar to having b-beer in a pub. Where it says in Shulchan Aruch that you shouldn't be having a chashaveh drink b'mekom m'chiroso, in a place where it's, it's up for sale. So that was what I sh-shared about this. Now, I got a k-feedback from a couple of people. Number one, there was someone in-- at, uh, in America, Rabbi Sean Barehandel, I believe. And he, he, he's

20:10 Speaker 1 into this, uh, into kashrus in a professional way. See, I'm, I'm into kashrus on a, on, on, as a, uh, consumer, yeah. Whatever comes out of the kitchen. But he's in a professional way. And so he sent me a link to the CRC. That's the Chicago Rabbinical Council. They've got a very good, very informative website. And they have a, an article. You can see on the, on the list which I sent out, you can have the, you have the link there. And they talk about the Starbucks as an example and how some of the, some of these... They got like twenty different types of coffee which they have there. Some of them are clearly more of a problem. Now, the, the jugs, for example. And he-- all this, Rabbi Barehandel also told me that the jugs which are used on the airplanes for giving out, uh, serving coffee, they will later be put in a dishwasher, and they will be put, uh, in the dishwasher with whatever else has to be washed up. Okay, that's one ar-area. But then here they're talking about the, the various other complications with the, with the, uh, coffee, uh, with different types of coffee. So if you go to this link, you'll see a list of which coffees, which types are no problem or less problem, and which are, are more problematic. And then I got also a call. We have one our regular listeners in Thailand, um, Ron Brill. So he left me a message today that from

21:42 Speaker 1 his experience... Now, see, I'm, I'm, I'm Haredi. So when it comes to Starbucks, if I have gone to Starbucks, I have to say Shehecheyanu, yeah? 'Cause I've never been inside. So I am just telling you what I'm, uh, hear say, so to speak. So Rabbi, he tells me that he spoke to one of the managers of one of these, uh, coffee shops, and he says like the espresso... So the espresso, as you... It ha-- There's like a kind of handle with some kind of container which is put under, under the dispenser. So that, that removable handle which is put on for making espresso and then et cetera, et cetera. That, that-- Those, those pieces are put into the dishwasher later together with whatever else, uh, is being washed up. All right. So on the one hand, it's washed up with, with soap, which makes it less of a problem. Uh, does it m-- Can make it a mission of Hasidim? No, it's not a mission of Hasidim. Okay. So you can say that because it's washed up together with soap, um, could be... Um, we've gone through this before that actually in dishwashers sometimes there's first a run of hot water without soap. So that's not really, uh, in itself a total, uh, confidence builder. Okay. So there is certainly room to be machmir. And, uh, what, uh, Ron Brill was telling me that he shared this information with the mashgiachim from the Eidah HaChareidis, Badatz, who come to Tha-Thailand. And, uh, once they heard

23:18 Speaker 1 this, they said, "Well, then that's the end of going to Starbucks for them." Um, like to manage with the out... On the other hand, on the planes, to ask us for hot water and, um, just... A-and then adding your own teabag or something, that, that shouldn't be a problem. Okay, let's move on. So we all know that there's a Gemara in, in Nida which talks about Ruach Ra. It mentions three things which-- three foods which if they are peeled and left overnight will attract Ruach Ra, an evil spirit, and they are garlic and onions and eggs. Now, the, uh, bakeries, J-Kosher bakeries, many of them will not... Some of them do have a mashgiach standing there and cracking eggs. Many of them don't. They buy ready l-- a, a, a can of a liter or five liters of, of egg yolk or egg whites, and they use that for egging the, the challahs, et cetera. So what happens... So this is bought from a manufacturer. Well, how does he a-avoid the inion of a peeled egg overnight? So they add a bit of salt. So this is the general, uh, consensus that although Linas Lail, or leaving overnight, is an issue, but if it's been already processed, uh, to some degree, then we're not worried about Ruach Ra. So here's the question about the-- this woman. She had cut up some onion, uh, and then she mixed it with lettuce leaves also chopped up, and mixed them. But they-- no dressing was added. So this

24:56 Speaker 1 is the question, is this called processed or not called processed? So fortunately, I managed to get this source. This is from the Sefer Ha-Sama'k, uh, Sefer Mrs. Kotom. And writes here, he talks about this peeled, uh, peeled, uh, garlic, peeled o-onion, and, uh, There are those people who do not have, uh, peeled garlic on Shabbos morning for this reason, because of it left overnight. Now, those who are not concerned, for some reason in their minhag was that they would mix with the chopped, uh, garlic, they would also mix in small pieces of bread, and that was already considered processed. So we see already from the Samak there's, there's room to say that once it's mixed with other foods, even though it hasn't been processed as such, it's already considered enough to call it, um, processed and not a problem of bina's lila. We've gotta discuss this many times. And this is yonom habru achro. Whenever there's room to, to say this is not mamish like the precedent in the Gemara, one would take what takes a, a lenient view. Let's move on. So a mezuzah on a caravan. We had some time ago a discussion about a similar situation, but there it was a motorhome parked outside a house, and a daughter, when she does her music practice, she goes and does it in the motorhome. Does it need a mezuzah? Here we're talking about a different setting where there's a person who actually does not have another home. This is their home. They've got

26:51 Speaker 1 a motorhome. And I asked, "Do they stay in one place?" So they may stay for a few weeks in one place, and then they'll go somewhere else. So, so it is a little bit of a nomad state. And the question is: Does it need to have a mezuzah? And then mezuzah with a berakhah. I was in-- once in Amsterdam, or more than once, that you walk in the middle of Amsterdam, the where there's the... Forgotten the name of the river. Perhaps there's more than one, but there's lots of houseboats. And I think here in London also they exist, where kosher people live on these floating boxes on the side of the river. Um, and they've even got electricity. Back then, they had, uh, phone wires, post box, uh, d-delivery of post. The reason why they're living on these things is, uh, apparently it's much cheaper in tax, that rates. So let's read the Shekhinat. So we have in here s- mezuzah. Um, so siman reish peh vav. Sukka se chag be chag. A sukkah during sukkahs does not need a mezuzah because it's temporary. A bayit she be sfina, a house which is on a boat is exempt from, uh, from, from mezuzah. A khanuyot she be shuk ha'am. If you've got a, a kiosk which is in the, uh, marketplace, it's on wheels, whatever, it's something which is not... You don't live there on a regular basis. So these are patur. So if a bayit she be sfina is patur, you may take the

28:26 Speaker 1 view that, uh, the same thing a motorhome should be patur mimyzuz. So now here we have, um, from the Sefer on-- Sefer HaTor, which is a specialist Sefer on mezuzah, and he says, he quotes that an, a, um, an, a... I guess that must mean Mishtebora, but I wonder. Mishtebora would talk about it. Oto, a, a, a car. You're living be kiryas, so efshar de chai. And then he quotes, though, from Chelkas Yaakov, and he writes quite clearly, "A person lives in a motorhome or in a caravan, it is chai mezuzah and with a berakhah, even as it's moving." To explain, what is the difference between a, a house in a boat and a house which is like a motorhome? The answer is that a boat is to get from A to B. So although people on the boat, they're living in the boat, but then I'm not talking about the boats which are moored, uh, you know, or barges which are just in one place the whole time. Typically, a sfina would be traveling the sea, traveling from A to B. So people living in those boats are there just to get from A to B. Once they get to B, they got- they're off the boat. Whereas if you'd be living in a more permanent... You're living in this, in this motorhome, so then this is, this is your home. It's not for you to get from A to B. It's not, it's not just for holidays. You're actually living in this motorhome.

29:58 Speaker 1 Then it- it's considered a kiryas sofair, but it's not always in the same, uh, how you say, coordinates. Uh, you're sometimes in this part of town, that part of town. But it is-- If we-- Within there, you are living be-- bayit ve'an kavuah. Therefore, he say- takes the view that you do have to put up a, a mezuzah and even with a berakhah. Okay. Let's move on. So since we're talking about mezuzah, so then we also, bash gach hapotis, we have another mezuzah question. Very common question. And that is, you have a front door, and it has a mezuzah. And then in front of the front door, there is a bit of a porch, and that's very common in our area, the, the older houses at least. Now, there is also, like, another archway in front of the door. And the question is: Does that archway in front of the door, does that require a separate mezuzah? Is it a separate pesach, or is it just... We all understand you have a, a doorway, and it has a bit of an architrave. And if the architrave is a bit more fancy, you're not gonna put up two mezuzahs, one on the- Uh, you know, right next to one another. We're gonna say it's all one. So the question is: Where do you draw the line? Where do you say it's all one entrance, and when do you say it's a separate entrance? That's really the question. So again, we're going back to the Sefer, um,

31:23 Speaker 1 Sha'ar HaTziyun, and this time it's Siman Resh Peh Tes. And he says this question, when you have a very thick, a very wide doorpost, where do you draw the line to say that it's another entr- a-another doorway? So he quotes a Rashi about... I did not look up the Rashi. It mentions there about four or five tefachim, et cetera. Then he has another, uh, sixth tefachim. But then he brings from Kovetz Torat Mitziyon. I tried to locate this, and I didn't manage. He says a beit shar, which means a, a veranda, a por- a porch, whatever you call it. If it is just the same width as the doo- as the entrance, it's like just one big door or doorway. And he says, if the area in front is four amos or more, then you'd need to have a second mezuzah. But if it's less than four amos, so he says it doesn't need to have a mezuzah. So looking at this picture, I wasn't able to measure exactly, but I suspect actually from the doorway till the beginning of the post on the inside, I believe it's less than dalet amos, which is about a hundred and ninety-two centimeters. And in which that, in that, in which case, it doesn't need to have a mezuzah. Um, I can say that on Holmley Road, Rav Yossel Pader lives there, and he's got... There, it's not as ornate as this. It's the door, and in front of it there's a porch, which is probably about a

33:00 Speaker 1 meter, a bit more. Uh, and then there's another archway closer to the street, and he doesn't have a mezuzah. And he holds it doesn't need to have a mezuzah. I think I've once discussed that with him. He feels it's all one doorway. It doesn't need to have a mezuzah. So here you see it's more than an amah, but it's less than dalet amos, and he takes the view it doesn't require a mezuzah. Okay. Um, where are we holding? We're number nine, yeah? So this week, someone called me. He was at a chasuna. A chasuna of one of his mechutanim. He was not the Rav Mesader Kidushin. He, uh, someone else was officiating. And he somehow glimpsed at the ketubah. The chasuna was on Sunday, and the ketubah said, "Veshlishi baShabbos." Now, by the time he spoke to me-

33:57 Speaker 2 Call from zero seven four seven one zero three four nine four.

34:06 Speaker 1 By the time he spoke to me, the Rav had gone home, and the eidem had gone home. It was, there was nothing much to really to be done in any case. But here's the question. If a shtar has this, this, uh, that the date is written, the day of the week is the wrong day of the week. So let's, let's say the date... So in, in the ketubah, we start off with the day of the week and also the day of the month. Let's say the day of the month was not today, it was in two days' time. It's post-dated. So is a post-dated ketubah valid? So here... Well, generally, a post-dated shtar is usually valid. Let's say if I borrow money from you, and the document or the IOU document is post-dated. So that's not causing anyone any, any risk. Anyone, uh, it is so... And therefore, it's kosher. A shtar meukhes is kosher. That's a Resh Mishim Esh Siman Mem Gimel. So the same thing here, the ketubah, which is-

35:12 Speaker 2 Call from zero seven four seven one-

35:22 Speaker 1 The ketubah which is post-dated is going to be a kosher ketubah. Now, m-my, my hesitation here is, the ketubah is post-dated, um, but for the interim between the chasuna and until Tuesday, can you say there's no ketubah? Because it hasn't been activated yet. It's not, it's not valid yet. But then the... If you think about the reason why it's so important to have a ketubah, is that a husband should not feel easy to divorce his wife at a whim. So what's the difference whether the liability is going to be tonight or in two days' time or in a week? It's still gonna be... The liability is gonna be there, whether it's gonna, whether it's, he's already liable today or liable in two days' time. But there is a liability there in any case. So really, in that princi- in that, from that approach, I don't see such a problem of a post-dated ketubah. Now, here we have on the screen the Azeh Mikadesh. That's from the Bachocher Rav, and he deals with this a little bit. And he says he's not so concerned, um, but he's talking about it because it's a very short delay. But it seems though from him that if it would be a longer delay, he would be concerned of the fact that there's no ketubah, uh, which is valid. And, uh, perhaps I've told this before. In Chabad, we are noyche to ti- sign the ketubah during the day, even though the chasuna is at night. Let me explain this.

37:00 Speaker 1 In, in seven seventy, Rav Zalman Schimun, he would generally sign the ketubah, let's say, two o'clock, three o'clock Mincha time And this would have been the winter. By the time the Chasid was happening, it was already the next date, and he wasn't worried because the fact that, because at the time when the kasubah was written, it was valid. And so they, it's a kosher kasubah, even though it's not the date of the Chasid Al-Allah, the date, like a date early. But Ashkenazi, Allah Shalom, used to time like this. If the, on the contrary, if you're going to have the date of the kasubah, the nighttime, the, the, how do you say, when is the power of the star is going to be at the end of the twenty-four hours. By tomorrow night, by sunset or by night, that's when it's gonna be, how do you say, um, capable to demand with this kasubah. And therefore, that means the first night, they don't really have a valid kasubah. So he was concerned about this. I don't, as I say, I don't see it as being such a big concern. The other thing which I couldn't find out, I couldn't find, what is it if there's a discrepancy between the day of the week and the day of the month? Is that going to be a problem in a star? That's why I say I, I didn't manage to find an answer to that. And as I say, there wasn't much to be done at the time

38:29 Speaker 1 in any case. So just looking for ways to say that, all right, the shtam ucher nisgefelach. I told the person, if it's a star which is post-dated, it's not a problem. And, um, so it's there. And as I say, the argument is also that there's, there is a kasubah there, so it's not such a problem. Okay. I had today, was it this question, a teacher or a madrig and his, in camp, and the kids are swimming. So they, he's not the lifeguard. If he's a lifeguard, I would not tell him that he's allowed to look at a safe while he's li- lifeguarding. But he's there just as an attendant in case there's some, some trouble where there's something he say has to be there. But the kids are we- wearing what we call in England swimming trunks. In America, they're calling bathing suit. And, um, he's asking, "Can I do my shitas, my Rambam? Can I learn something? Can I say a brocha, whatever, these kids are g-going around just wearing swimming trunks?" So the answer is yes, you are allowed to. And actually, we're gonna see in Halakha that, that, that your persons are allowed to min haddin. Of course, it's a kerav azak. But min haddin, he's allowed to say a brocha even if he's bare-chested. So let's take a look inside. This is a Siman Shuken Orach and Siman Shi-- uh, Siman Ayin Dalet. Al Tzedek Shuken Orach. He says, "Hoys ha-talisa hagur le'al mosnov." If you have a robe wrapped around

39:57 Speaker 1 your waist, "min mosnov el mato." It's from your waist downwards. Even though from "min mosnov el mailo," his orem is, is, uh, is naked above the waist. "Muta likros kirias shema." You're allowed to say shema because the ervo, the, uh, male organ, et cetera, is, is covered, and there's a interruption between his, his heart and chest and the ervo. "T'davaj sh'man asru not." Because when you davaj sh'man asru is, it has to be omed lifne haMelech. But for shema, you know, "einei medav min haMelech," so you're allowed to say shema in that, in that, in that form. As I say, it's not, certainly not a recommended thing. But min haddin, it, it would be muta to say shema in such a state. And h-how much more so that for the madrig to be able to, to say, uh, to learn or say, say a davaj sh'mech dudsha in that presence, that would be permitted. Just want to say, um, I don't remember who it was. He said that he, he was in Morocco as a shliach, and he was with my late uncle, Reb Leib, uh, Leib Raskin. They were in Agadir or somewhere with a camp. And my uncle, who's the organizer of the camp, he was there when they went on the outings. So in the heat of a Moroccan summer, he is standing there with his kapota, with his hat, shnil from the river. So he's, he's, uh, I should say all nine yards there. Um, as a shliach, so he has

41:29 Speaker 1 to be, behave like a shliach. Right. Let's move on. So now, well, this is the last thing which we have for today, and that is a, a melamed. Uh, I haven't messed up anything yet. A melamed drives, uh, his ta- talmidim to a bar mitzvah. So it's a bar mitzvah of one of their classmates, and the, the family are in shlichas, so it takes a long, uh, time to get there. He's not familiar with the town. So he drives with his car, with a few talmidim, to join in this bar mitzvah. Gets to town, and you've got one of these count-- local council money-making schemes that if you go to this road the wrong way or something, so you get slapped a, a, a penalty. So he's asking, is he, is it legitimate to, to, um, to pay for this penalty from Mauser money? So let's come back for, on a, uh... That's a fundamental question. If I am working for a company or for an employer, and I drive-- If I park, if I park a company car on a, uh, no parking zone or a limited parking zone, and we get a knass, or, uh, maybe a... So who, whose, whose liability is it? The employer or the, uh, the driver? It's true that he was driving on behalf of the company, but the company didn't employ him to park in the wrong place to incur penalties. So this is what we have here in Shechinat Ruch in Siman Kuf Peh Ches. Mi

43:25 Speaker 1 Shehigia Lo Hezek Bemammonai. Someone who incurred a loss, Machmas Shlichus Shelcho. Because he was carrying out a mission of whoever's dispatching him, and he, as he's driving or something, he, he, he got into some damage. He bashed into something. Or because he was involved in this, he was accused of something. So his, Shimon is working for Reuven. And whilst Shimon is driving around for Reuven, he incurs some damage or he incurs some, some penalty. That's not the liability of the one who dispatched him. So, so the employer doesn't have to pay for penalties incurred by the employee unless he had told him to, to go and to ignore the rules. But otherwise, it's the choice and therefore the liability of the employee. Of course, I have every sympathy that he didn't notice the signs, et cetera. Um, it happens to all of us, but it's, it's not something which he could pass on to his, to his mashaleach. And therefore, although he was driving children for a bar mitzvah and it was to a shliach, but it's, it's end of it. The mistake is his own liability. All right. The Aibishter engineered it this way. Okay. So, uh, the Aibishter will be mashlim and give him a way to, uh, reimburse him, but it doesn't-- I don't see how it would be justified to claim that expense from, uh, Meis Hamoni. I think that's what we have enough for today. Um, just coming back. Uh, so I'll finish off again. Rachasham, the campaign for the

45:24 Speaker 1 printing of the siddur. We're past, past forty thousand. And anyone who wants to contribute, um, so you have here rochot.org and then slash dedicate slash products slash HP hyphen SRH. And, uh, Bezrashem, we should get there, and we should be able to celebrate and enjoy the Sefer Zefanim in good health. Kol tuv to all of you. And good night, a good Shabbos, and a good Chodesh, and an inspiring Gimmel Tammuz. It's Shloshim Shonah. Um, when I was in, uh, going to Shlichus to Australia, so this was thirty years. It was Taf Shin Mem. Thirty years from Gimmel Tammuz, from, from Yud Shevat. And then there was a whole Koch Vayhi B'Shloshim Shonah K'fly ondertashia. At thirty years, like a double measure of, of strength. So Bezrashem, we should take the inspiration, rededicate, and carry out the Rebbe's Shlichus, and to fulfill the Rebbe's life's mission, which is to bring the Geulah Sheleimah Ramitis with Moshiach Tzidkeinu b'meheira b'yomeinu amen. Kol tuv. Amen. Goya, thank you very much. Shavua tov