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8112 Living Balanced 2018 R032 Draft 07.Indd 1 28-Nov-17 5:26:21 PM Living the Halachic Process, Vol LIVING THE HALACHIC PROCESS QUESTIONS AND ANSWERS FOR THE MODERN JEW LIVING THE HALACHIC PROCESS QUESTIONS AND ANSWERS FOR THE MODERN JEW Including an Overview of the History and Process of Halacha Answers to Queries Sent to the ERETZ HEMDAH INSTITUTE Headed by Rabbi Yosef Carmel Rabbi Moshe Ehrenreich Edited by Rabbi Daniel Mann ERETZ HEMDAH INSTITUTE 8112 Living balanced 2018 r032 draft 07.indd 1 28-Nov-17 5:26:21 PM Living the Halachic Process, Vol. I, second edition Published by Eretz Hemdah Institute (first edition by Devora Publishing) Distributed by Eretz Hemdah Institute Text Copyright © 2007 by Eretz Hemdah Institute Reprinted by Eretz Hemdah Institute in 2017 A companion CD to this book containing source sheets for the questions in the book is available. A PDF file of these sheets can be found on the Eretz Hemdah website. Contact Eretz Hemdah at: 2 Brurya St., POB 8178 Jerusalem, 9108101 Israel Tel. (972- 2) 537- 1485 Fax. (972- 2) 537- 9626 Web site: www.eretzhemdah.org E- mail: [email protected] Cover Design: Rut Saadon Typesetting & Book design: Raphaël Freeman, Renana Typesetting EDITOR: Rabbi Dr. Jonah Mann Copy Editors: Robert Cohen & Sybil Ehrlich Editorial & production manager: Daniella Barak הו״ל בהשתתפות המשרד לעניני דתות All rights reserved. However, since the purpose of this publication is educational, the copyright holder permits the limited reproduction of sections of this book for non-commercial educational purposes. ISBN Hard: 978-965-436-032-6 Printed in Israel 8112 Living balanced 2018 r032 draft 07.indd 2 28-Nov-17 5:26:21 PM לעילוי נשמות ידיד מו"ר זצ"ל וידיד "ארץ חמדה" הרב מאיר בן ר' יעקב אריה פרידמן זצ"ל נפטר כ"ד תשרי תשנ"ה ואשתו הרבנית גאולה מרים בת ר' אליהו אפרים פרומקין נפטרה י"ב אב תשנ"א In Loving Memory of Rabbi Meyer Frydman and Mrs. Gertrude Miriam Frydman of London, England מוקדש ע"י הבנים: דוד, אריה ויעקב פרידמן ומשפחותיהם 8112 Living balanced 2018 r032 draft 07.indd 3 28-Nov-17 5:26:21 PM Dedicated to the memory of Leah and Rabbi Jacob Mann הרב יעקב ולאה מן ז"ל Quincy, Mass. Miriam and Abraham Roseman אברהם אייזיק ומרים רוזמן ז"ל Kew Gardens Hills, New York 8112 Living balanced 2018 r032 draft 07.indd 4 28-Nov-17 5:26:21 PM In Honor of My Dear Wife Jinny Jerry Pinsky 8112 Living balanced 2018 r032 draft 07.indd 5 28-Nov-17 5:26:21 PM This Sefer is Dedicated in Memory of our Beloved Fathers Leonard Naider יוסף אריה בן אברהם צבי Joseph Serle ישראל בן משה נחום Who taught us leadership, menschlichkeit and love of Yiddishkeit and Eretz Yisrael May their memory be an inspiration to their children, grandchildren, and great- grandchildren whom they both loved dearly, and may they be a source of consolation and blessing for their wives Molly Naider and Belle Serle, together with whom they instilled their future generations with true Jewish values. Anita and Fred Naider 8112 Living balanced 2018 r032 draft 07.indd 6 28-Nov-17 5:26:21 PM 11 Iyar 5766 The Eretz Hemdah Kollel (Institute) publishes weekly the pam- phlet “Hemdat Yamim.” The Kollel, headed by Rabbis Yosef Carmel and Moshe Ehrenreich shlita, answers the questions of individuals and institutions throughout the four corners of the world. Some of the answers appear weekly in the column “Ask the Rabbi,” which is edited by my dear and prominent friend and student, Rabbi Daniel Mann shlita. The answers were writ- ten with quotations of sources and logical explanations, and it is proper that the Kollel should publish a full book that gathers the answers for the benefit of the community. May all who are involved in this mitzva be blessed to sanctify His Name publicly for many healthy and productive years to come. Mordechai Willig 8112 Living balanced 2018 r032 draft 07.indd 7 28-Nov-17 5:26:21 PM 8112 Living balanced 2018 r032 draft 07.indd 8 28-Nov-17 5:26:21 PM Contents How to Use This Book xv Sample Source Sheet From Companion Compact Disc xvii Foreword xix Preface xxi Introduction: The History and Process of Halacha 1 1. Halacha – A Basic Definition 1 2. Torah – Written and Oral 2 3. Rabbinic Law 4 4. Rabbinic Historical Periods and Bibliographical Notes 5 5. The Process of Halacha – Approaches Toward Rendering Halachic Rulings 26 TEFILLA (PRAYER) A- 1: Set Seat in Shul 43 A- 2: Reading Parasha Sheets During Tefilla 45 A- 3: How Long to Wait for a Minyan 47 A- 4: Davening by Heart 50 A- 5: Taking Time Off From Work to Daven With a Minyan 53 A- 6: Kaddish D’Rabbanan When Parents Are Alive 55 A- 7: Going to a Place Where a Group Will Miss Torah Reading 58 A- 8: Walking in Front of Someone Who is Davening 61 A- 9: Latest Time to Daven Shacharit 64 A- 10: Number of People Needed to Begin the Repetition of Shemoneh Esrei 66 A- 11: Hosafot on Yom Tov That Falls on Shabbat 68 A- 12: Covering the Torah During the Aliya’s Concluding Beracha 70 8112 Living balanced 2018 r032 draft 07.indd 9 28-Nov-17 5:26:21 PM A- 13: Tefilla While Babysitting 72 A- 14 When the Wrong Sefer Torah is Opened 75 A- 15: Remembering the Exodus: Is it From the Torah? Are Women Commanded? 78 BERACHOT (BLESSINGS) B- 1: Teaching Berachot over Non- Kosher Food 83 B- 2: Shehecheyanu the First Time One Puts on Tefillin 85 B- 3: Berachot on Fruit Salad 88 B- 4: Birkat HaTorah for One Who Wakes Up During the Night 91 B- 5: Does Birkat HaMazon Cover Cake That Was Eaten Before the Meal? 93 B- 6: Does a Mistaken Beracha Exempt Other Foods? 96 B- 7: Berachot Made by a Katan on Behalf of a Gadol 99 SHABBAT C- 1: Rules of Lighting Shabbat Candles 105 C- 2: Swimming on Shabbat 107 C- 3: Use of Hearing Aid on Shabbat 109 C- 4: Kashrut of Milk That Was Milked on Shabbat 111 C- 5: Making Havdala on Sunday 114 C- 6: Grape Juice for Kiddush 117 C- 7: Giving a Baby a Rattle on Shabbat 120 C- 8: Killing Mosquitoes on Shabbat 123 C- 9: Clearing a Table That Will Not Be Used Again on Shabbat 125 C- 10: Doing Work on Motzaei Shabbat Before Havdala 128 C- 11: Eating on Shabbat by Midday 131 C- 12: Making Tea on Shabbat 134 C- 13: Taking Lactase Pills on Shabbat 137 8112 Living balanced 2018 r032 draft 07.indd 10 28-Nov-17 5:26:21 PM C- 14: Benefiting on Shabbat From Work Done by a Child 140 C- 15: Is a Rock Collection Muktzeh on Shabbat? 143 C- 16: Guest Who Does Not Find Pre- Cut Toilet Paper for Shabbat 146 C- 17: Removing Excess Milk From Cereal on Shabbat 149 C- 18: Encouraging a Non- Jew to Buy Tickets on Shabbat 151 C- 19: Sorting Silverware on Shabbat 153 C- 20: Insulating Hot Food Taken From an Oven on Shabbat 156 C- 21: Insulating a Warm Challa Before Shabbat 159 MO’ADIM (FESTIVALS) D- 1: Tashlich on Shabbat 163 D- 2: Blowing Shofar on Behalf of Women 166 D- 3: Outlook of One Who Must Eat on Yom Kippur 168 D- 4: Children Fasting on Yom Kippur 170 D- 5: Why is Simchat Torah Celebrated Sukkot Time? 172 D- 6: Taking a Lulav and Etrog to the Kotel 174 D- 7: Buying a Separate Lulav for Boys Under Bar Mitzva 176 D- 8: Categories of Forbidden Work on Chol Hamo’ed 179 D- 9: Going to Work on Chol Hamo’ed 181 D- 10: The Validity of Artistic Chanukiyot 184 D- 11: Lighting Chanuka Candles Away From Home 187 D- 12: Does One Need a Minyan for Megillat Esther? 190 D- 13: Giving Matanot La’Evyonim Before Purim 192 D- 14: Rushing to Eat Afikoman 194 D- 15: An Ashkenazi Eating From Pots Used for Kitniyot 197 D- 16: Chametz Found on or After Pesach 200 D- 17: Time of Selling Chametz for a Traveler 202 D- 18: Can a Chazan Who Missed a Day of Sefirat Ha’Omer Recite the Beracha? 205 8112 Living balanced 2018 r032 draft 07.indd 11 28-Nov-17 5:26:21 PM D- 19: Counting Sefirat Ha’Omer in a Non- Standard Base System 208 D- 20: Getting Married on Yom HaAtzma’ut or Yom Yerushalayim 211 D- 21: Why Are There Two Days of Shavuot? 213 D- 22: Eating New Fruit During the Three Weeks 215 D- 23: How to Spend Tisha B’Av 218 D- 24: Caffeine Pills on Fast Days 221 KASHRUT E- 1: Milk and Poultry – Why Is It Forbidden? 225 E- 2: Kashering China 227 E- 3: Kashering Utensils From Meat to Dairy 229 E- 4: Children Checking Food for Insects 231 E- 5: Exchanging Non- Kosher Wine 233 E- 6: Commerce With Non- Kosher Food 235 E- 7: Use of Fleishig Oven for Pareve Food 237 E- 8: Milk That Fell on Hot Meat 240 E- 9: Swallowing Blood From a Cracked Lip 242 E- 10: What Utensils Require Tevillat Keilim? 245 E- 11: Bishul Akum Regarding Pancakes 248 TZEDAKA (CHARITY) AND RIBBIT (USURY) F- 1: Pressuring a Business to Contribute 253 F- 2: Giving Ma’aser Money in a Friend’s Name 255 F- 3: Adoption – Which Child Has Precedence? 257 F- 4: Spending Tzedaka Money to Visit the Sick 260 F- 5: Various Ma’aser Kesafim (Tzedaka) Issues 263 F- 6: Is Buying Israel Bonds Ribbit (Usury)? 265 8112 Living balanced 2018 r032 draft 07.indd 12 28-Nov-17 5:26:21 PM HOLY ARTICLES G- 1: Proper Position of Tefillin Shel Rosh 271 G- 2: Using Holy Scrolls as Art 274 G- 3: Mezuzot at an Office Complex Shared by Jews and Non- Jews 277 G- 4: Mezuza in the Workplace 280 G- 5: Making a Beracha When Returning a Mezuza 282 G- 6: Kissing Sefer Torah With a Siddur 285 G- 7: Fasting if a Sefer Torah Falls 287 G- 8: A Donor’s Name Above HaShem’s Name 289 G- 9: Treatment of Abbreviations of HaShem’s Name 291 G- 10: Berachot for One Who Took the Wrong Tallit and Tefillin 293 MISCELLANEOUS H- 1: Changing the Name of a Sick Person 299 H- 2: Crossing at a Red Light 301 H- 3: Interests of the Public vs.
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