S E P H A R D I C

Family, Business, & Jewish Life Through the Prism of Halacha

VOLUME 5779 • ISSUE XXV • PARASHAT TZAV • A PUBLICATION OF THE SEPHARDIC HALACHA CENTER

possibility of mitzva fulfillment exists. SCROLL R’ Tzvi Pesach Frank in Mikra’ay Kodesh (Megilla 11) cites a different responsum of the Halachot and CALL: Ketanot (2:45) where he says the hearing im- paired may listen to the Megilla with ear trum- May One Hear the Megilla by pets. Asks R’ Tzvi Pesach: Doesn’t this contradict Electronic Means? the ruling of the Halachot Ketanot about the Adapted from a shiur by Rav Eliezer Gewirtzman cave? Some answer that the difference lies in Adapted from a Parasha & Halacha Shiur by Rav Yosef Greenwald on Parashat Tzav the distance that the sound must travel.

ANSWERING THE CALL But R’ (1:9) estab- A Matter of Taste lishes that the sound that emerges from tele- One some years ago, I was about The Halacha is that forbidden food that is to begin the Megilla reading when a man phones, microphones, and hearing aids is a new absorbed in a mixture forbids the entire mix- approached and placed a cell phone on the one that cannot be attributed to the speaker. ture (within a set of rules and limitations). This bima. He explained that his father lived in a The Tzitz Eliezer agrees in many places, but the rule is known as “Ta’am K’Ikar” – a taste is like place with no Megilla reading; could he listen Igrot Moshe (O.C. 2:108) and Chazon Ish do not, to ours by phone? the entity itself. Maran (Y.D. 98) follows many although R’ Moshe permits only reluctantly in Rishonim who hold that this rule is MiD’Orai- case of need. (Their argument in favor would The Halachot Ketanot (2:276) discusses the ta. Rashi (Hullin 97b) says it is generally D’Ra- appear to pertain to digital technology as well.) case of a man reading the Megilla inside a banan except for Kodashim. MiD’Oraita, it is Some posit that a hearing aid wearer who can cave while another man some distance from Battel B’Rov (nullified in a majority). hear minimally without assistance, and uses the the cave listens to the echo. He rules that the Rashi and the Ra’avad argue that if Ta’am K’Ikar devices only for amplification, can fulfill mitzv- echo is not the voice of the reader, and the were to be MiD’Oraita, then, if less than a Ka- ot with a hearing aid. If he can position himself listener does not fulfill the mitzva. In a paren- Zayit of non-kosher meat dissolves into a soup near enough to the ba’al koray that he could thetical note, the publisher observes that the and is not Battel B’Shishim (there is no sixty in hear at least something unassisted, he should same logic would apply to hearing the Megilla the soup to nullify it) one is Hayav for eating do so to avoid the Halachic controversy. by phone. This inference is echoed by the Ma- a KaZayit of the soup on its own right, as the harsham in Da’at (O.C. 689). One who is reading only for a hearing aid-de- soup now becomes a non-kosher entity. How- pendent person should do so without a bracha. Minchat Elazar (2:72) is inclined to say that ever, most Rishonim maintain that non-kosher mitzvot other than shofar—where the Mishna One who must hear the Megilla by phone taste is not nullified because of its importance. (Rosh Hashana 3:7) specifically excludes hear- should also not make a bracha. R’ Moshe holds (continued on page 2) ing an echo because one must hear the shofar that a telephone is inferior to a microphone or directly—can be fulfilled telephonically. Neta hearing aid due to the distance the signal must Sha’ashuim (4), a disciple of the Minchat Ela- traverse. Elevate your Inbox. zar, rejects the view of the Halachot Ketanot, One may not taste food at night until after Me- Scan here to receive the weekly because he maintains that a phone transmits gilla, unlike other mitzvot that only prohibit a email version of the Halacha Journal the speaker’s actual voice. He further says that full meal prior to their fulfillment. Maran rules spotlight his teacher, the Minchat Elazar, only prohibited that if one cannot hold out fasting that long, it hearing shofar by phone because phone audio is better that he read as early as plag haMin- (continued quality in his time was very poor. cha—1.25 Halachic hours before sunset—than on back) It would seem that with digital communica- eat something before reading. The Pri Chadash tion, like cellular phones or some landlines, disagrees, saying that the Megilla must not be these authorities would agree that what the read before tzait hakochavim (the emergence of the stars) under any circumstances. listener hears is not the speaker’s voice and no OR SIGN UP AT BHHJ.ORG (continued on back)

Don’t miss our upcoming Business Halacha Journal topic on Ribbit. Don’t yet receive it? Visit www.TheSHC.org, call us at 732.9300.SHC (742) or email [email protected] Hacham ztz”l in Hazon Ovadia cham by ensuring that he is comfortable. GENERAL (Hilchot Purim pg. 167) also follows the Zera Q: Does the household have to know that one Yaakov (Hacham Ovadia was quoted as saying is giving Matanot La’Evyonim on their behalf? that the amount should be “enough to buy HALACHA A: When the head of the household gives Mat- himself a Falafel”). Matanot La’Evyonim FAQ’s anot La’Evyonim on behalf of his wife and chil- The Ohr L’Tzion (ibid) points out that despite dren, the Poskim discuss whether they have By Rav Mordechai Lebhar, for the SHC and Rosh LINK, Los Angeles the fact that one can technically fulfill the Mitz- to be aware that the money is given on their vah with a small amount, if however, the per- behalf or whether the fact that he is Mezake son receiving is an important person, such as (benefiting) them with the Mitzva, should be a Talmid Hacham, one should be careful to enough to consider as though they have ful- give a honorable sum that would not embar- filled their obligation themselves. rass them. If one does not have this amount There are instances where one is able to give of money to give, he should find another poor money on behalf of someone else despite the person that would accept this small sum. fact that they are not aware of the giver’s inten- It should be noted, that if one gives a sum to tions, as the Gemara in Ketubot (98) discusses the or another messenger to give Mat- regarding the giving of the Mahatzit HaShekel anot La’Evyonim on his behalf and he gives an for someone that one has vowed not to derive amount from the collective amount collected, pleasure from. However, the Netivot HaMish- and this indeed is a proper sum, this concern Q: How much do I have to give for Matanot pat (cf Teshuvat Hemdat Shelomo 32) writes would be avoided. La’Evyonim? that this is only with regards to the Mitzva of Similarly, Rav Elyashiv ztz”l has been quoted Shekalim, where the Mitzva is that every Jew A: Ribbi Yaakov Haim Benaim, one of the great many times saying that one who wishes to should have a Shekel given on his account, how- sages of Morocco in the 18th century, in his work fulfill the Mitzvah in the most proper fashion ever, a Mitzva that is incumbent on a person to Zera Yaakov (§11) is the common source quot- should give an amount that is sufficient to do with his own body (Hovat HaGuf) such as ed regarding this question. Following a lengthy make a poor person happy, as this is the es- Pidyon HaBen, cannot be fulfilled through the discussion, he finds support in the commentary sence of the Mitzva. This amount is relative. If agency of someone else. of the Ran in Masechet Megila (Perek Megila this is difficult for a person, Rav Elyashiv sug- Nikret) that distinguishes between Mishloah Subsequently, with regards to the Mitzva of gests that it is preferable to give two important Manot and Matanot La’Evyonim, that while we Matanot La’Evyonim, where the Mitzva has to donations than many small donations. need to send two items for Mishloah Manot, be done by one’s self, one would have to have even one gift suffices for Matanot La’Evyonim Although this is not the common practice, one the knowledge that the Mitzva is being done since to a poor person that is enough to glad- who wishes to be stringent in this Mitzva is for them (see Shevut Yitzhak, Purim 8). Further- den him. Therefore, reasons Rabbi Benaim, that praiseworthy. As the Rambam writes (Mishne more, Rav Elyashiv ztz”l is quoted as saying that just as for Mishloah Manot we give items that Torah, Hil. Hanuka U’Megila 2:17): since Matanot La’Evyonim are given from the are fit for a meal, so too for Matanot La’Evyonim “One should rather spend more money on person’s money, one has to consent to the giv- we should give a gift that can be used toward gifts to the poor than on his Purim banquet ing, otherwise it is not considered as they have a meal. This amount is universally accepted and presents to friends. No joy is greater and fulfilled their obligation. by the Poskim as enough to buy 150 grams of more glorious than the joy of gladdening Q: Who is considered to be a poor person? bread. the hearts of the poor, the orphans, the wid- A: Maran and the commentaries on the Shul- The Hida in Mahzik Beracha (§694) quotes the ows and the strangers. He who gladdens the han Aruch (Yore De’a 253) define a poor per- Zera Yaakov, and this seems to be the accept- hearts of these unhappy people imitates G-d, son as one who has overbearing expenses of ed practice. Hacham Ben Tzion Aba Shaul ztz”l as it is written: I am…to revive the spirit of the the basics needed to support his family, and is in Ohr L’Tzion (Vol. IV Ch. 58), rules that although humble, and to put heart into the crushed”. struggling to make ends meet without a stable the minimum amount for Matanot La’Evyonim Furthermore, one who gives Matanot salary that can cover these expenses. is a Peruta (the minimal Halachic monetary La’Evyonim to a Talmid Hacham fulfills anoth- If a person lives in a place where there are no amount) as the Ritva (Megila 7) writes; never- er very important concept of “Gadelehu MiShel poor people, one can appoint a messenger theless, since this amount is negligible, one Ehav” – just as there is a Mitzva to elevate a Ko- who will be in a place on Purim where there should not give less than an amount that one hen Gadol by means of financial support, so are poor people and give him some money to can buy a Se’uda. This is the prevalent custom. too there is a Mitzva to elevate a Talmid Ha- be distributed on Purim.

(continued from front pg.) Still, it doesn’t There are certain stringencies unique to Two pots, usually do not transfer taste from turn the ko- Hametz on Pessah beyond the regular rules. one to the other, but on Pessah we are strict. and sher entity into Hametz is Assur B’Mashehu (forbidden in any Noten Ta’am LiFgam (when the non-kosher non-kosher on amount, even 1:60) if it is mixed on Pessah taste is not beneficial to the food) – if food was its own right, with non-Hametz. cooked in a pot more than 24 hours after it and thus one is only Hayav if he eats a KaZayit Yavesh B’Yavesh (a mixture of two dry items) was used for non-kosher, we usually permit it. of the actual non-kosher meat (although eat- – Even if it got mixed before Pesach, is Assur This is true even on Pessah, according to Ma- ing any amount of the soup is still forbidden). B’Mashehu. ran. However, the Rama forbids it MATTERS OF INTEREST AVISSAR FAMILY RIBBIT AWARENESS INITIATIVE A Ride to a Wedding

A few friends are seeking a ride to a wedding. If the driver happens to owe money to any of them, may he offer the lender a ride? lender, he would not be allowed to do so. May he give the lender preference over other It is quoted in the name of Rav Elyashiv z”l that people if there isn’t enough room for every- if he is friends with the lender, he may even give him preference over the others if there is one? The The driver is allowed to give the lender a ride, not enough room for everyone, provided he is not doing it because of the loan rather out of since he probably would have done so regard- in less of the loan. If he is not friends with the friendship.

Bring the Daf to Life! HALACHOT OF DAILY LIVING Topics From The Gerald & Karin מסכת חולין Feldhamer Ou Kosher Halacha Yomis Laws related to Berachot

Are women obligated to re- RAV YOSEF GREENWALD Dayan, Bais HaVaad cite one hundred Berachot daily? Many Poskim write that RAV AVRAHAM YESHAYA COHEN women are exempt from Rosh Kollel of Kollel Ohel Yitzchok of Lakewood this Mitzvah. As evidence, the Shevet HaLevi (5:23) points out that the Ris- RAV MOSHE ZEEV GRANEK Member Kollel Zichron Gershon honim who list the hundred Berachot recited of the wonders of creation), and Shekoho each day include the Berachos that are recit- U’Gvurato Male Olam for thunder (this Bera- ed on Tallit and Tefillin. Since women do not cha refers to the awesome power of Hashem) recite these Berachos, this would indicate that [Some Sepharadim have the custom not to re- these Rishonim did not consider this obliga- cite these Berachot with a Shem U’Malchut.] tion to apply to women. Teshuvot V’Hanhagot The Mishna Berura also writes that the bless- The Halachos of Ma’aseh Shabbos דף ק"טו adds that since the one hundred Be- ing of Shekoho U’Gvurato Male Olam – “That (2:129) Chicken & Milk דף ק"טז rachot must be recited each day, according to His power and strength fills the world” is only some opinions this qualifies the Mitzvah as a said on a wind that howls with such intensi- Tumah & Tahara Tidbits דף ק"יז time-bound obligation, which women are not ty that it can be heard across the world (until ”A Different Type of “Hechsher דף ק"יח required. the horizon), similar to thunder. Since we are KaBeitza for Tumas Ochlin דף ק"יט Is there a Beracha that should be recited on not proficient in delineating what exactly is a a hurricane? “wind that blows with rage”, we do not recite Juice in Halacha דף ק"כ this blessing. Instead, we recite the blessing Maran in Shulhan Aruch (OH 227:1) writes one ?Can Live Animals Become Tamei דף ק"כא -of Oseh Ma’ase Bereshit . Although a hur may recite either Oseh Ma’ase Bereshit or She- ricane would seemingly qualify as “a wind koho U’Gvurato Male Olam for thunder, light- that blows with rage” the custom is to avoid ning or “great winds that blow with rage”. the issue by always reciting Oseh Ma’ase Common practice is to recite Oseh Ma’ase Bereshit which can be recited on any danger- Bereshit for lightning (this Beracha speaks ous gust of wind. (continued from front pg.)

What if a doctor will be in surgery until late at EVENTS & HAPPENINGS night and will have great difficulty fasting until AT THE BAIS HAVAAD after a very late Megilla reading? According to the Magen Avraham, rather than hearing Megil- RAV AVRAHAM YESHAYA COHEN la early, he should eat a snack to tide him over, ROSH KOLLEL OF KOLLEL OHEL YITZCHOK OF LAKEWOOD even though he hasn’t yet heard the Megilla. RAV ELIEZER COHEN Because, as we have seen, hearing the Megilla ROV OF BAIS MEDRASH TIFERES ELIEZER from the hospital by phone would be problem- RAV YOSEF GREENWALD atic, this would be a better option. DAYAN, BAIS HAVAAD YERUSHALAYIM Nursing home residents who won’t be awake after tzait should hear Megilla after plag haMincha. A Happy Purim to all.

AT Bet HaVaad Medical Halacha EVENTS & HAPPENINGS Center Hosts Well-Attended THE BAIS HAVAAD Symposium For Rabbanim

When the Plaintiff On Monday, March 11, Close to 70 local Rabbanim attended a seminar at the Bet HaVaad Medical Halacha Center. The is in Cleveland, the program began with a shiur from Rav Shmuel Felder, shlita, senior Posek in Bais Medrash Govoha, followed by esteemed Defendant local periodontist, R’ Manis Berger, who spoke about modern dental procedures and oral applications, and the related in Florida. Halachic issues. Then, after an introduc- tion by Rav Yosef Fund shlita, Posek in BMG and one of the Medical Halacha Center’s leading Halachic authorities, OUR KEHILLAH BAIS DIN to the topic of “General Medical Devic- WILL GET IT DONE es: Practical Presentation & Implica- tions of Assorted Medical Devices” an extremely informative PowerPoint was presented by Rabbi Daniel Roth MD, member of the Medical Halacha Center and Co-author of Sefer Refuat Yisrael.

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