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CHANUKAH 5778 | כסלו תשע“ח Graciously sponsored by Mr. and Mrs. Emil Ben-David and Mr. and Mrs. Ben Kelaty לזכר נשמת ישראל בן בנימין

AWAY FROM HOME FOR CHANUKAH: SHOULD STUDENTS LIGHT THEIR OWN CANDLES? By Avraham Ben-Haim Introduction A spouse or parent’s lighting parents were no longer alive,7 In most Ashkenazi yeshivot, the The Gemara in Shabbat5 which is why he had to partner lobbies, dining rooms and attests that Ribbi Zera changed his with his hosts until he married.) hallways are lined with brightly- Chanukah candle-lighting Although ideally one should be glowing candles each year on practices after he got married. present while the Chanukah Chanukah. There is little room to Originally, when he was away candles are lit, it is not necessary question this practice among from home for Chanukah, Ribbi to be there at the moment of Ashkenazi students, because the Zera would chip-in for the candles lighting.8 Ashkenazi custom is that every and partner with his host to be Based on this, Rav Ovadia member of the family lights included in their lighting. After he Yosef9 ruled that students who are Chanukah candles individually, married, he would rely on his wife’s away from home for Chanukah even when they are all living lighting in their home and would are not required to light their own together.1 Accordingly, Rav no longer light himself or need to candles. They fulfill their obligation Moshe Feinstein2 ruled that partner with his host. with their parents’ lighting, even students who are living away from Based on this Gemara, the though they are not present. Rav home should light candles inside Shulchan Arukh rules that if goes as far as saying their dormitory rooms. Sepharadic someone is away from home for (in the name of Rav Shlomo families, however, are Chanukah but has someone Zalman Aurbach) that even if the accustomed to only lighting one lighting candles in their home, parents are in a different time- set of Chanukah candles per they do not need to light their own zone and will not be lighting their household, as stated in the candles or to partner with Chanukiah for another few hours, Rambam3 and Shulchan Arukh.4 someone else who is already the student can still rely on their This article will explore whether it is lighting. Machzor Vitri6 (a siddur lighting. appropriate or obligatory for a arranged by students of Rash”i) Sepharadic student who is away specifies that not only does this Can they still light if they want to from home to light his or her own apply to one’s spouse, like in the anyway? Chanukiah. case of Ribbi Zera, but also to Students who feel left out of one’s parents. (Ribbi Zera’s the holiday activities may light

תשמרו לעשות candles in their even fulfilled without your knowledge or may light with a beracha. though they have already fulfilled even your presence. You cannot their obligation with their parents’ exclude yourself from the lighting Should a student make a beracha lighting. However, the Bet Yosef10 that takes place in your home of She’asa nisim la’avotenu if not rules that they may not make the even if you wanted to. lighting? beracha when lighting. Reciting The Ben Ish Hai12 draws an According to Halacha,13 if a such a beracha would be a interesting conclusion from this person is not lighting or planning beracha she’ena tzericha (a explanation of the Chid”a. He on lighting Chanukah candles, he beracha which is forbidden writes that the Bet Yosef would or she should make a beracha of because it is unnecessary) only consider it a beracha She’asa nisim la’avotenu when according to the Bet Yosef, since she’ena tzericha if candles were seeing someone else’s candles. he already fulfilled his obligation already lit in his home, even if he On the first day, a beracha of with his parents’ lighting. tried to opt out of fulfilling his Shehechiyanu should also be The Chid”a11 adds that obligation. However, if candles still made. Chanukah is anomalous have not been lit at his home, one Rav Haim Palachi14 held that compared to other mitzvot can in fact light with a beracha this includes people who fulfilled because you cannot opt out of because his obligation was not their obligation via someone else fulfilling your obligation with the yet fulfilled. Based on this, Rav but were not present at the time lighting that takes place at your Ovadia Yosef writes that students of lighting. According to this home. In most instances, a person who are overseas and in an earlier opinion, students who were not can explicitly have in mind to not time-zone (such as American present at their parents’ lighting be included in someone else’s students studying in ) may should recite this beracha upon mitzva. (This is our practice, for light with a beracha if they so seeing someone else’s Chanukah example, on Yom Kippur with the choose, because their parents will candles. The Shulchan Arukh,15 beracha of Shehechiyanu- the not be lighting for another seven however, holds that this only person who says the Kol Nidre hours, even though they are not applies to people who are unable prayers says his own obligated to. Similarly, if a student to fulfill the mitzva at all, and Shehechiyanu, but everyone in in the same time-zone as his or her nobody is lighting at their home for the crowd has in mind to exclude parents receives telephone them. Therefore, according to the themselves from his beracha. confirmation from his parents that Shulchan Arukh, it would not be Afterwards, each person makes they have not yet lit the appropriate for a student to recite the beracha individually.) Chanukah candles, the Ben Ish this beracha. However, with Chanukah Hai and Rav Ovadia Yosef would candles, your mitzva can be seemingly agree that the student

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SUMMARY:

❖ Sepharadic students are not required to light Chanukah candles on their own if they know that their parents will be lighting at home. Instead, they fulfill their obligation via their parents, even though they are not present, and even if they are in a different time zone.

❖ Students who wish to light candles even though they are not obligated may not make a beracha on the lighting unless they know for a fact that their parents have not yet lit candles at home, such as if they are in another time zone.

❖ Students should not make a beracha of She’asa nisim la’avotenu upon seeing someone else’s Chanukiah because they have fulfilled their obligation, even though they were not present to hear the berachot.

SOURCES AND ENDNOTES

1. כן פסק מור"ם באו"ח סי' תרעא סעיף ב 2. אגרות משה או"ח ח"ד סי' ע אות ג 3. כתב שזו המנהג בכל ערי ספרד אע"פ שלפי שיטתו אין זה מהודר. הל' חנוכה פ"ד הל' ג 4. או"ח סי' תרעא סעיף ב 5. דף כג ע"א 6. סימן רלח 7. כדמוכח בירושלמי קידושין פ"א הל' ז- רבי זעירא הוה מצטער ואמר הלואי הוה לי אבא ואימא דאוקרינון ואירת גן עדן כד שמע אילין תרין אולפנייא אמר בריך רחמנא דלית לי לא אבא ולא אימא 8. ז"ל הב"ח בסימן תרעז: ואף על פי דצריך לכתחלה לעמוד אצל מי שמדליק עליו מכל מקום אינו מעכב ומדינא יוצא אפילו אינו עומד אצלו דעיקר החיוב על ממונו להדליק נרות לפרסומי ניסא 9. חזון עובדיה חנוכה עמוד קנ 10. סימן תרעז ד"ה כתב בתרומת הדשן 11. ברכי יוסף סימן תרעז ס"ק ב 12. שו"ת רב פעלים ח"ב סימן נ 13. שבת דף כג ע"א, רמב"ם הלכות חנוכה פ"ג הל' ד 14. ספר מועד לכל חי סימן כז אות י בשם ספר תפלה לדוד 15. או"ח סימן תרעו סעיף ג. ופלא בעיני שרבנו החבי"ף לא פסק כמו מרן, בפרט אחר שהביא שיטה זו בשם הרבה ראשונים בבית יוסף וביניהם רש"י והר"ן והמרדכי והרא"ש.

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HALF HALLEL IN DIFFERENT TRADITIONS By Oren Heskia The Basic Laws Rashi2 since half hallel is only a may recite the blessing.8 So too Several times in the yearly minhag, a blessing cannot be with hallel—although we are not cycle we read the hallel in the recited over it, following the obligated in saying it this day, we synagogue services. Those days principle that one may not invoke may still make a berakha if we are: Chanukah, the first day(s) of God’s name in a berakha if it is a choose to partake in it. Pesach, Shavout, and Sukkot. That minhag. Rabbeinu Tam,3 the adds up to eighteen days of hallel Raavad,4 and the Rivash5 No Berakha Reasoning in Israel and twenty-one days in disagree with this approach. They The argument for why one may the Diaspora. Reciting hallel on contend that for an important not recite a blessing over a half these days is a Rabbinic minhag, such as reading hallel, hallel reading begins with a obligation. On rosh chodesh and one may recite a blessing. The first passage from the in Tannit the remaining days of Pesach, we approach is generally the 28b. The Gemara there presents a read a shortened version of the Separdic custom for this matter, story: Rav was visiting Bavel from hallel called half hallel. The and the second is the Ashkenazi Israel on a day which happened practice of reciting half hallel on custom. to be rosh chodesh, and noticed these days is only a minhag. that they were reciting hallel. Rav The full hallel reading consists Berakha Reasoning was surprised to see them doing of Tehillim chapters 114-118, with The Mishnah Berura6 writes that so and at first thought to stop some individual verses being although reading half hallel is only them. But, once he saw that they repeated in 118. Additionally, a minhag, there are other were skipping portions he relented there is a berakha of ligmor et instances where a blessing is and commented that this minhag hahallel said before the reading recited over a minhag. For is acceptable. This story proves and a second berakha is said at example, the second day of Yom that (a) the reading of the hallel the end. Tov added outside of Israel is a on rosh chodesh was not In the half hallel, reading the minhag yet we still make a prevalent in Israel at the time, (b) first halves of chapters 115 and blessing over all aspects of the that reading the hallel on rosh 116 are skipped. Most Sephardic day—kiddush, tefillot, lighting chodesh should be done while communities will not say any candles, etc.7 skipping portions, and (c) that this berakha before half hallel but Furthermore, the reasoning practice is a minhag and most Ashkenazi congregations continues, once this mitzvah is obligatory. do. (That blessing that the being performed (i.e. reciting the Ashkenazim make is phrased hallel), it is no longer a berakha From these conclusions, we slightly differently - likro et hahallel levatala. Although it is not an can infer that half hallel should not – reading the hallel.) Additionally, obligation per se to recite the be said with a blessing in no berakha is said after half hallel. hallel on this day, we are connection with the Talmud in We will examine both sides of the permitted to recite the blessing if Sukka 44b. In this passage it is dispute between Sepharadic and we are partaking in the action. stated that the yearly striking of Ashkenazi practices below along This is similar reasoning to that the ‘aravot which takes place on with some relevant situations given regarding a woman reciting sukkot does not include a blessing. which it may yield. a blessing over a mitzvah which (In fact, the act of striking the she is not obligated in but ‘aravot is performed while reciting Berakha for Half Hallel? nevertheless partakes in. For the phrase “chavit chavit vela As mentioned above, there is a example, if a woman were to barikh” which is an emphasis of debate amongst the shake the lulav on Sukkot, a the fact that no berakha is recited whether a berakha is recited mitzvah which she is not obligated over this act.) The reason given when reading half hallel. in, the Tosafot would argue that there is that the action is in According to Rambam1 and even though she is exempt she memory of a similar ceremony

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done in the Temple and is only Leading an Ashkenazi Minyan Shulchan Arukh and Rambam to minhag neviim. From this it is clear After reviewing the two sides of not say the berakha. that customs should not have the debate, let us analyze a R. Yosef Kapach in his blessings recited over them. Since scenario where the two worlds commentary to the Mishne half hallel is a custom, it should not collide. What if a Sepharadi, who Torah11 disagrees with the stance be accompanied with a berakha. normally does not say a blessing of the Derekh Hamelekh who for half hallel, is asked to lead the argues that one should recite the Lastly, it is noteworthy that the prayers for a congregation that berakha on behalf of the blessing that would be recited normally does say the blessing? Ashkenazi minyan that he is here reads “and commanded us May he follow the Ashkenazi leading. He believes that it is “very to read the hallel.” Some custom in this situation or should difficult to state that one should authorities note that this is he refuse? A decision from R. make a berakha levatala inappropriate language to be Ovadia Yosef10 reads that one because of people who using in this situation. The hallel may not say a blessing in this case. mistakenly believe that one here is based in minhag, and was R. Ovadia is of the opinion that the should make a blessing.” And, as not commanded to us by our Sephardi should follow the started earlier, how can we say Rabbis or by God. How can we minhag that has been established vetzivanu for a blessing that we possibly praise God and say in Israel—to follow the ruling of the were never commanded!?12 vetzivanu when we never were!?9

Rav Ben-Haim’s pesak din:

❖ A Sepharadi may not recite a blessing over half hallel.

❖ A Sepharadi may not recite the berakha even if asked to be the hazan for an Ashkenazi minyan.

❖ It is not forbidden to answer amen to the blessing of an Ashkenazi who makes this berakha as per his custom.13

SOURCES AND ENDNOTES

1. הלכות ברכות י"א:ט"ז 2. מחזור ויטרי עמ' קצ"ג 3. סוכה מד: 4. סוף פרק י"א מהלכות ברכות בהשגותיו 5. שו"ת הריב"ש ס' קי"א 6. שו"ע קכ"ב:ב' 7. תוספות ביצה דף ד' 8. תוספות ערכין י: 9. פסקי ר' ישעיה מטראני לסוכה )מד:( 10. שו"ת יחוה דעת ד':ל"א 11. הל' מגלה וחנכה ג':ז' 12. יחוה דעת ד':ל"א ע"פ שבולי הלקט ס' קע"ד 13. לא כמו שפסק ביחוה דעת שם

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IS SNOW MUKSEH? By Mosheh Aziz The Issue of Nolad Therefore, according to Rav the prohibition is due to nolad. There is a general Rabbinic Moshe Feinstein, it is prohibited to Rav Yosef Karo also rules that it is prohibition to handle objects on handle any snow which fell on permissible to walk on snow on if they were not Friday night or Shabbat day until Shabbat even though it will crush prepared for use beforehand. This the end of Shabbat, although it the snow and might produce prohibition is known as mukseh. would be permitted to handle water.9 Since one does not intend There is a category of mukseh snow which fell before Shabbat. to extract water from the snow or known as nolad (newly-born). The Rav Ovadia Yosef4 argues that ice when he walks on it, the prohibition of nolad says that if an snow is akin to rain which fell on Rabbis permitted it in this scenario. object did not exist before Shabbat, and the prohibition of Rav Ovadia Yosef10 adds that it is Shabbat began, that object nolad does not apply to snow, the permitted to walk on snow on becomes prohibited to handle on same way it does not apply to Shabbat even if one is wearing Shabbat as mukseh. rain. According to Rav Ovadia shoes which have letters imprinted 1 The Gemara addresses the Yosef, therefore, it is permitted to on the bottom. Even though the question of whether rain which fell handle snow on Shabbat (in a bottoms of the shoes make an on Yom Tov is considered nolad. place where there is an Eruv) even impression in the snow which may Since the rain existed only in vapor if the snow fell on Friday night or be a form of writing which is form when it was in the clouds, Shabbat day. prohibited on Shabbat, it is still perhaps its existence as vapor is permitted as long as one is not halachically considered Walking on Snow on Shabbat intending to write by walking on 5 insignificant while it is in the clouds. The Gemara says that it is the snow. Therefore, when the vapor turns to forbidden to actively crush snow rain on the day of Yom Tov (or or ice to extract water from it. One Shoveling Snow on Shabbat Shabbat), it would be considered may, however, place snow or ice Assuming one is inside a place nolad, and therefore it would be into a cup of water to cool the an Eruv, there are two primary forbidden to handle that water on liquid inside the cup. According to concerns with shoveling snow on Yom Tov (or Shabbat). The Rashi,6 the prohibition of actively Shabbat: Gemara rejects this notion, and crushing snow or ice is due to Firstly, the ground underneath concludes that rainwater is not nolad. In Rashi’s view, the the snow must be taken into considered nolad. Accordingly, transformation from solid to liquid account. One should not shovel in rainwater is permitted to handle form is legally treated as creating an area where there is grass or dirt even if it rained on Shabbat. This something which did not exist underneath the snow, because Gemara is accepted as the from before Shabbat, and that is one may come to violate 2 halacha. the reason it is prohibited. Shabbat by digging into the The question becomes, does Rambam,7 however, has a ground. If the area underneath the logic of the Gemara extend to different understanding of this the snow is, for example, asphalt snow on Shabbat, or is snow prohibition. According to or concrete, this would not pose a considered different than rain? Rambam, actively crushing snow problem since it is not directly 3 Rav Moshe Feinstein writes that is prohibited because it is a form of exposed to earth. snow is considered nolad if it falls sohet, squeezing the juice of The second concern with on Shabbat. Even though the certain fruits, which is a corollary of shoveling snow is that it may be Gemara concludes that rainwater the prohibition of dash, or considered “Uvdin Dechol,” a is permitted even if it rains on threshing, on Shabbat. “weekday” activity which takes Shabbat, Rav Moshe Feinstein Rav Yosef Karo8 rules like the away from the atmosphere of argues that snow is different than Rambam, that the prohibition of Shabbat. However, many rabbis11 rain, and would be considered actively crushing ice is due to are lenient and do not nolad if it falls on Shabbat. sohet, and not like Rashi who says

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תשמרו לעשות considering shoveling as “Uvdin It is also permitted to pour salt walk, to prevent any danger of Dechol”. on the ice or on the ground in people slipping.12 areas where people normally

Rav Ben-Haim’s pesak din:

❖ Snow is not considered nolad, even if it snows on Shabbat. Therefore, snow is not mukseh and may be handled on Shabbat.

❖ While it is forbidden to crush snow to extract water from it, it is permitted to walk on snow or ice on Shabbat even if some water may be produced from the snow as a result.

❖ One may shovel snow on Shabbat if the area underneath is not directly exposed to earth, such as on asphalt or concrete. One should not vigorously engage in shoveling snow on Shabbat, so that it does not become like a weekday activity. Rather, one should only shovel the amount needed to create a path, in a balanced manner which maintains the respect of Shabbat.

❖ One may pour salt on ice or in areas where there is danger of people slipping on Shabbat.

ENDNOTES 1. עירובין דף מו ע"א 2. בית יוסף או"ח ס"ס שי 3. אגרות משה או"ח ח"ה סימן כב אות לז 4. חזון עובדיה שבת ח"ג עמוד קמב 5. שבת דף נא ע"ב 6. שם ד"ה כדי שיזובו מימיו 7. הלכות שבת פרק כב הל' יג 8. שלחן ערוך או"ח סימן שכ סעיף ט 9. שם סעיף יג 10. יביע אומר ח"ה או"ח סימן כח 11. עיין בחזון עובדיה שבת ח"ג עמוד קמב 12. חזון עובדיה שם עמוד קמג

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HOLIDAY PARTIES: DRINKING WITH NON- IN A BUSINESS SETTING By Rabbi Sammy Banilivy A question from our readers Which Beverages fall under this common. In that jurisdiction, it was a - חמר מדינה An employee for a company category? considered where most of the employees The beverages discussed herein distinguished beverage, and it aren’t Jewish gets invited to a are common alcoholic was used for havdalah. Therefore, holiday party or for drinks with the beverages other than wine, such it became necessary for the boss. What can he do? Can he as beer, whiskey and vodka. Wine Amoraim (the scholars in that go? If yes, is he allowed to drink? is subject to its own unique set of time-period) to impose restrictions more stringent prohibitions. on drinking shechar with non- Having Drinks in a public setting It is interesting to note is that our Jews, unlike the situation in Eretz as the main Yisrael, where alcohol was almost חתנות The Gemara1 tells us about Rav Sages specified Achai and Rav Papa, discussing reason for the prohibition against exclusively wine. Interestingly the precautions they would take drinking with non-Jews even enough, even the second when purchasing alcoholic though this prohibition applies prohibition against drinking beverages. Rav Papa would across the board, even in alcohol with non-Jews does not avoid sitting down to drink situations where there does not apply to extremely uncommon alcoholic beverages in the store appear to be any risk of potential forms of alcohol, such as where he purchased them. He intermarriage, such as in an all- pomegranate liquor.5 would purchase his drink, leave male setting. the store and drink it outside. Rav There is a concept in Halacha of What are the restrictions? ,our Sages did not While a decree was necessary – לא פלוג רבנן Achai went a step further- he waited till he arrived home to drink differentiate between one case the Amoraim did not make the the beverage. What was the and another. Once a ruling has restrictions on shechar as broad as reason for this interesting been instituted, it applies in all those on wine for two reasons. behavior? cases, even if the reasoning First, shechar does not have the Of the many prohibitions that behind it does not seem to apply.3 same effect as wine; “Wine Chazal enacted was the The prohibition against drinking gladdens man’s heart” (Tehillim prohibition of consuming non- non-Jewish wine dates back to 105:15). In addition, since the Jewish drinks called shechar. the Mishnah, while the prohibitions Tannaim (the earlier scholars) had Shechar translates literally in against drinking shechar with non- not decreed against shechar, the Talmudic Hebrew as “beer”, but is Jews was from the period of the Amoraim did not want to invest more appropriately defined in this Talmud Bavli, which was written their own later decree with the context as an alcoholic beverage later in time and in Bavel. To fully same weight as that of the other than wine. According to the understand this prohibition, a little Tannaim. forbids Gemara, the reason for the history lesson is useful. In the times the consumption of any type of the of the Sages, the standard drink common alcoholic beverage with - משום חתנות prohibition was concern of intermarrying. Our was wine. Most other types of non-Jews because of the concern Sages were concerned that if we alcohol were not common, and for intermarrying. This includes, but would be permitted to drink non- weren’t even considered suitable is not limited to, beverages made Jewish alcohol, we would we for kiddush and havdalah.4 of dates, figs, barley, grain or become used to hanging out at Drinking shechar was not honey. However, assuming that non-Jewish affairs, which could widespread enough to be a the product itself is kosher, it is only lead us to socializing that could cause for concern, so no forbidden to drink it in the location lead to a prohibited prohibition was enacted to restrict where it is sold or otherwise marriage/relationship.2 its consumption with non-Jews. In dispensed. We can buy it and Babylon, dates were in drink it at home, because the abundance and date liquor was primary purpose of the 8

תשמרו לעשות enactment is to prevent sharing a to keep us at a distance from non- according to the Bach it would still meal with a non-Jew.6 In other Jews and reduce the likelihood of have been forbidden to drink words, the prohibition relates not intermarriage alcohol there. As the Rambam to the “kosher” status of the They forbade drinking with them, wrote, any drinking in a non- beverage – which may actually even in a situation where there is Jewish establishment or home, be kosher – but to the location no concern for yayin nesech – even alone, and even if it is our and environment in which it is wine that was libated for idol own alcohol from our own cup, is consumed. This stands in stark worship, and they forbade eating forbidden. contrast with non-Jewish wine, the bread baked and food which is forbidden everywhere cooked by non-Jews, even where Coffee/Tea even if all the ingredients are there is no concern that the food We are forbidden to drink alcohol kosher. Our Sages were not only itself is not kosher. with a non-Jew, but what about a concerned with what we eat and The Rambam allows only one cup of coffee? drink, but also with where we eat leniency. He writes, “If the majority Today, going out to “do coffee” is and drink it. We must be careful to of those present at the mesibah as common as going out for a maintain an acceptable (party) are Jewish, it is permitted beer, in both social and work- environment. to drink there.” related settings. Assuming once There seems to be a blatant again that the coffee itself is Sitting down to drink with Non- contradiction in the Rambam. On kosher, there are more lenient Jews the one hand, he rules that it is accept approaches to coffee. Shulchan Aruch adds an forbidden to drink in The Pri Chadash rules that it is important clause to the predominantly non-Jewish permitted to have coffee with a prohibition against non-Jewish company; he only permits it when non-Jew. The Gemara forbids all alcohol: This prohibition was only the majority of those present are types of alcohol, but as the enacted in a situation where Jews. On the other, we see that Rambam rules, all types of fruit sitting down based on the Gemara in Avodah juices are permitted, which would - קובע עצמו someone is to drink in a more formal manner. Zarah, and as the Rambam include coffee.9 Similarly, the Kaf himself rules, drinking alcohol at HaChaim10 writes that in Baghdad דרך עראי However, it is permitted in a casual and any non-Jewish gathering is it was customary to drink coffee – בעקראי spontaneous manner. absolutely forbidden, regardless and tea in non-Jewish homes, and It is important to note the of the number of Jews present. there were no objections to this difference in the wording used The Bach explains the apparent practice. when describing the permitted contradiction in the Rambam. He and non-permitted forms of writes that any leniency permitting Holiday Parties drinking- derech arai – casual, drinking with a non-Jew is limited Chazal forbade consumption of and b’akrai – spontaneous. exclusively to drinking with him in a non-Jewish bread and oil as The Kaf HaChaim, cites the Pri Jewish home. Even if non-Jews are safeguards against socializing Chadash, who writes that derech visiting a Jewish home, the with non-Jews: “They instituted a arai means in a manner which is concern for intermarriage still prohibition against non-Jewish strictly casual and informal – not exists, and a Jew may only drink bread and oil because of their sitting down to have a drink alcohol if there is a majority of wine; against their wine because together. B’akrai means that it Jews present. In a non-Jewish of their daughters; and against was a chance, passing incident – house, even if one is drinking their daughters because of not something which happens on alone, it is forbidden.8 This includes idolatry”.11 While intermarriage is a regular basis. any sort of non-Jewish “house” or an explicit and very serious establishment, whether private, prohibition on its own, the hazards Drinking at an Event of a Non-Jew commercial, or social. of intermarriage and idolatry are The Rambam7 writes that Chazal In other words, even had there very closely linked, as we learn enacted certain prohibitions been a majority of Jews at the from the passuk which is the which are not explicit in the Torah, restaurant with one’s employers, source of the prohibition: “Lest you

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תשמרו לעשות make a covenant with those who incumbent upon a person to take wedding of his son or daughter,” dwell in the land, and stray after a step back and analyze whether implying that the prohibition is their gods, and offer sacrifices to not attending will act as a small, broader than just weddings. their gods, and he will invite you, superficial hindrance in his or her However, continues the Levush, and you will eat from his sacrifices, career, or will actually portray eating and drinking kosher food at and you will take from his Jews in an unfavorable manner. other types of meals for the daughters for your sons, and his What is the scope of the purpose of darkei shalom - which daughters will stray after their prohibition against eating and includes potentially losing your job gods, and cause your sons to stray drinking at Non-Jewish parties? or losing a promotion opportunity after their gods.”12 Which type of party were they is permitted. Apparently, referring to? Does it only include according to the Levush, if there is What if failing to attend puts a wedding festivities per se, or other a legitimate reason for us to strain on one’s career? gatherings and events as well? attend events other than In some cases, Chazal are lenient From the Gemara, Rambam, and weddings and related gatherings, concerning rabbinical decrees Shulchan Aruch, it seems that the and certainly to maintain good mishum eivah - in order to prevent main issue is non-Jewish wedding relations with non-Jews, it would animosity in our dealings with non- celebrations. The Levush writes be permitted to eat and drink Jews which might give us an that Chazal forbade eating and there, as long as no alcoholic unfortunate reputation. From an drinking at a non-Jew’s beverages are consumed as analytical perspective, it is celebration, “…such as the explained earlier.

ENDNOTES

1. עבודה זרה דף לא ע"ב 2. רמב"ם פירוש המניות עבודה זרה ב:ו 3. יורה דעה סימן קיב סעיף א, עיין רמ"א וט"ז 4. פסחים דף קו עמוד א 5. שלחן ערוך יו"ד סימן קיד סעיף ג 6. יורה דעה קיד סעיף א 7. מאכלות אסורות י"ז,ט-י 8. יורה דעה סימן קיב ס"ק ג )ד"ה ואסרו לשתות במסיבתן( 9. יורה דעה סימן קיד 10. יורה דעה סימן קיד סעיף יב 11. שבת דף י"ז עמוד ב 12. שמות פרק לד

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SUMMARY AND CASE-BY-CASE CONCLUSION

It is incumbent on every Jew to be aware of his surroundings at all times. Both from a physical and spiritual perspective. That being said, if someone is attending…….

Case 1: A wedding or affair of a non-Jewish coworker Prohibited: Have any alcoholic Beverages. Permitted: Have Kosher fruit juices and other (Kosher) non-alcoholic beverages.

Case 2: Kosher alcoholic beverages in drinking establishment or non-Jewish restaurant Side note: If one must choose between having a business meeting at a Restaurant/ Bar. Choosing a restaurant is a much wiser choice from a halachic and business perspective.

Prohibited: Drink any of the alcoholic drinks in the establishment. If it is a dire circumstance & one feels that by not having “a drink” he is in risk of insulting an employer or client, or at risk of having his employment terminated, there is a small leniency to permit beer as long as it is consumed at a distance from the bar. Permitted: Purchase drinks that are kosher and consume them outside the establishment.

Case 3: Coffee or tea Permitted: Drink coffee or tea in any type of establishment.

Case 4: Jewish owned establishment Permitted: Consume alcoholic beverages.

לעילוי נשמת האשה הכשרה שגדלה בניה ובנותיה בדרכי התורה ורדה בת בן-ציון ע"ה

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HILCHOT SHABBAT: FOOD WARMING AND TEA PREPARATION ON SHABBAT By Rabbi Elie Sadik Introduction Others say it is 110 degrees the meat of an ox). Salt may be Fahrenheit.6 HaRav Yitzchak Yosef placed into a kli rishon that is off The Melacha of Bishul, or cooking, Shlita, the current Sephardic Chief the fire.10 presents many common and Rabbi of Israel, recommends that When one pours/transfers any complex questions. The goal of if the food or liquid is too hot to eat food or liquid from a kli rishon into this article is to clearly describe or drink from, one should assume it a second utensil, the second what the prohibition of Bishul is is yad soledet .7 utensil is classified as a kli sheni.11 and how it applies to everyday It is important to differentiate A kli sheni does not have the cases. between the prohibition of power to cook any raw substance The 39 Melachot are derived from cooking and the prohibition of except for tea leaves, eggs, and the integral actions performed to lighting a fire. If one creates a fire a few other delicate foods, since construct the Mishkan. We find underneath a pot of uncooked these items are easily cooked. that the Melacha of Bishul was food, one has violated two These easily cooked items are done to prepare special dyes. It separate prohibitions: lighting a called kalei ha’bishul.12 For was necessary to cook certain fire (hav’ara) and cooking anything else, even if the food or herbs to produce dyes that were (bishul). If one places raw food on liquid contents of the kli sheni are used to color the curtains of the a fire or hotplate that was lit at the yad soledet bo Mishkan1. Sefer Yere’im2, on the before Shabbat and the food temperature, they do not have other hand, claims that the actual becomes cooked, one has the ability to cook any added raw function of Bishul in the Mishkan violated the prohibition of substances. A kli sheni does not was to bake the Lechem cooking.8 have the power to cook because Hapnaim, the holy bread. its walls were not heated by a According to this view, the actual Definitions and Explanations of direct source of heat.13 Therefore, Melacha would be best Important Halachic Terminology it is permissible to pour cold water categorized as Ofeh, or baking. or any raw food into a kli sheni Most authorities reject this view Before discussing practical (except for the kalei ha’bishul), because baking bread only questions related to Bishul, it is even if the kli sheni and its content occurred once the Mishkan was important to define and describe are at yad soledet bo. already erected, and it was not a few relevant Halachic terms When one pours/transfers any performed for the construction of and concepts. food or liquid from a kli sheni into the Mishkan. A kli rishon is defined as any vessel another utensil, this utensil is called Bishul is defined as using heat to that is currently or previously had a kli shlishi. change the physical properties of been placed on the fire, hotplate, Irui is defined as pouring food or a substance.3 By food, cooking is or other source of heat.9 If the liquid from one vessel to another. defined as making the food contents contained within a kli Irui from a kli rishon is defined as suitable to eat.4 Cooking by liquid rishon or the kli rishon itself are at pouring something from a kli rishon is defined as heating the liquid to yad soldet bo, they have the into a kli sheni (second vessel). the temperature of yad soledet power to cook uncooked food. Irui from a kli rishon has the power bo, which is literally defined as Therefore, it is prohibited to add to cook the external layer of any water that is hot enough to cause any raw food, spice, or liquid, raw food. Therefore, it is prohibited one to withdraw one’s hand from including water, into a kli rishon to do irui on Shabbat onto raw or the hot water. According to Rav that is at yad soledet bo. This partially cooked food.14 Shlomo Zalman Aurbach, applies whether the kli rishon is on anything above 113 degrees or off the fire. The only exception Farenheit is yad soledet bo.5 Rav to this rule is salt because salt is Ben-Haim is like this opinion. much harder to cook (similar to 12

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Practical Bishul Questions and and ghorme sabzee that often minimal amount of liquid. Answers contain close to equal amounts of solids and liquids. Rav Moshe Though it is generally prohibited to Is it permissible to reheat food on Feinstein21 rules that as long as reheat cooled down liquids on Shabbat? If yes, is there a there is no significant amount of Shabbat, Rav Yitzchak Yosef offers difference between solid food sauce or gravy on the solid food, 2 permissible ways to do so: and liquids? one may reheat this food on a. One may tell a non-Jew to Shabbat. Therefore, one may place the previously cooked Before discussing this topic, it is reheat chicken with gravy or steak liquid on a hotplate or blech.27 important to note that we are only with sauce on Shabbat. However, Since reheating previously talking about reheating food on a if there is a significant amount of cooked is a matter of covered fire, such as a hotplate or liquid, it is prohibited to reheat this Halachic debate, it is blech. Our sages prohibited food because doing so inevitably considered a safek (doubt) returning fully cooked food on an recooks the liquid. According to whether this is permissible. open fire because it appears as if this view, it is prohibited to reheat Even though Maran in one is starting the cooking process most types cholent, stews, or Shulchan Aruch explicitly rules on Shabbat (mech’zi ghorme sabzee, since they are one may not reheat liquids, ke’mevashel).15 comprised of a significant amount Rav Yitzchak Yosef claims that The Mishna in Masechet of liquid. perhaps Maran was ruling Shabbat16 states that one may Chacham Ovadia Yosef22 stringently because Shabbat place any cooked food into hot disagrees with Rav Moshe and is very stringent, and indeed water on Shabbat. The Gemara states that as long as the majority Maran was not absolutely says a cooked egg is a typical of the food is solid, it is permissible certain whether reheating example of a cooked food. It to reheat the food on Shabbat. liquids is considered cooking. would seem from here that there He quotes the Minchat Kohen23 Additionally, since telling a is no prohibition to reheat any and Rav Tzvi Pesach Frank24 as non-Jew to do a melacha on food, even a liquid, which is fully proof to his leniency. Rav Tzvi Shabbat is a Rabbinic cooked. Indeed, most of the Pesach Frank states that in a case prohibition, we apply the Sephardic Rishonim, most notably where the majority of the food is principle of “safek the Rambam,17 Rashba, and the solid, the liquid is considered tafel de’Rabanan le’kula”. Ran rule that there is no difference (literally- nullified) compared to b. Before Shabbat, one may set between a fully cooked solid and the solid. His argument is based on a timer for the hotplate to go liquid in this matter. However, a Gemara in Shabbat.25 The on during Shabbat. One may Rashi,18 Rosh,19 and Rabenu Gemara states that one is not then place the previously Yonah claim that although one liable for carrying a live person in cooked liquid on the hotplate may reheat fully cooked solids on a public domain,26 and if one while it is off, knowing that the Shabbat, one may not reheat carries a live person on a hotplate will eventually go on. liquids that have cooled down. stretcher, one is also exempt for This is permissible even if the Doing so, they suggest, will recook carrying the stretcher. Since the previously cooked liquid will the liquid. Maran in Shulchan stretcher is merely a means to reach yad soledet bo. Since Aruch20 rules like Rashi, the Rosh, carry the live person, it can be cooking in this manner is a and Rabenu Yonah that one may viewed as “nullified” to the Rabbinic prohibition, and only reheat solid food on Shabbat human, and one is not liable for heating previously cooked and not liquids. The final Halacha carrying it. Therefore, Chacham liquids is a safek, we apply the follows the Shulchan Aruch. Ovadia rules that as long as most principle of “safek A common question arises of the fully cooked food is solid, de’Rabanan le’kula”.28 regarding food that contains one may reheat this food on solids and liquids, such as chicken Shabbat. Nevertheless, he rules or fish with sauce. Furthermore, that it is good to be stringent and there are foods such as cholent only reheat food that contains a

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How can I make tea or coffee on This is permissible because a kli bo, it is prohibited to pour any Shabbat? Can I use tea shlishi does NOT have the water into this food, even if the concentrate that was made power to cook. water itself is currently at yad before Shabbat? soledet bo. This is because when Tea Concentrate the water is poured, it travels As mentioned before, tea leaves If one cooked the tea leaves on a through the air cools down slightly. are classified as kalei ha’bishul, or fire before Shabbat and created Once the water comes in contact easily cooked substances. tea concentrate or essence, it is with the food or the kli rishon, it is Therefore, even though a kli sheni technically permissible to pour hot recooked. generally does not have the water from a kli rishon directly power to cook, it can cook tea onto the essence, even if it There are three solutions to this leaves or a tea bag. Nevertheless, contains tea leaves. However, dilemma: there are several permissible ways one should preferably first pour 1. One may transfer the food to make tea on Shabbat. the hot water from the kli rishon from the kli rishon to a kli sheni Generally speaking, people make into a kli sheni, and then pour the and then add hot or cold tea by one of two methods: using tea essence into the kli sheni.32 water to the food. This is tea bags or tea leaves, and using Since a kli sheni does not have the because a kli sheni, as previously made tea power to cook, there is no mentioned previously, does concentrate. problem in pouring tea essence not have the power to cook. into a kli sheni. 2. One may tell a non-Jew to Tea Bags and Tea Leaves add hot water (water at the • If the leaves were cooked in a Making Coffee temperature of yad soledet teapot that was on the fire One may pour hot water directly bo) or previously cooked before Shabbat, one may onto powdered or instant coffee water directly into the kli rishon pour hot water onto these tea on Shabbat. Similarly, one may that is off the fire or crockpot. leaves on Shabbat. Once the pour hot water directly onto sugar Since reheating previously tea leaves have been cooked on Shabbat. This is because both cooked is a matter of over the fire, they cannot be sugar and coffee are previously Halachic debate, it is further cooked.29 cooked foods.33 Furthermore, it is considered a safek (doubt) • One may pour hot water from permissible to add cold milk or whether this is permissible. a kli sheni into a kli shlishi that water to a hot cup of coffee or Additionally, since telling a contains the tea bag or tea tea (contained in a kli sheni). non-Jew to do a melacha on leaves.30 This is permissible Shabbat is a Rabbinic because Irui from a kli sheni If I wake up in the morning and prohibition, we apply the does NOT have the power to find my cholent on the verge of principle of “safek cook. drying out, is there any way I can de’Rabanan le’kula.” • One may place a tea bag or save this cholent? 3. Before Shabbat, one may tea leaves into a kli shlishi that leave a nylon sack of water in contains hot water, even if the If one’s food/cholent is on the fire the pot of food and poke a water is at yad soledet bo.31 or in a kli rishon that is at yad soldet hole in this sack if necessary.

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ENDNOTES

1. Rashi Shabbat Daf 73a D”H Ha’ofeh, Rambam Hilchot Shabbat Perek 9 Halacha 1 2. See Eglei Tal Melechet Ofeh 3. Rambam chapter 9, Halacha 6 4. Yalkut Yosef Shabbat part 3, page 120 5. Shemirat Shabbat Kehilcheta Chapter 1 footnote 3 6. Igrot Moshe part 4, siman 74 7. Yalkut Yosef Shabbat part 3, page 134 8. Yalkut Yosef Shabbat part 3, page 133 9. Yalkut Yosef Shabbat part 3, page 165 10. Yalkut Yosef Shabbat part 3, pages 165 and 226, based on Gemara Shabbat 11. Yalkut Yosef Shabbat part 3, page 193 12. Yalkut Yosef Shabbat part 3, pages 193-194 13. Gemara Shabbat daf 40b and Tosafot here 14. Yalkut Yosef Shabbat part 3, page 167 15. Yalkut Yosef Shabbat part 3, page 207 16. Shabbat 145b 17. Hilchot Shabbat chapter 9 18. See Gemara Shabbat 34a 19. Gemara Shabbat, chapter 3, siman 11 20. Shulchan Aruch siman 318, seif 4 21. Igrot Moshe Orach Chaim part 4 siman 74, sub-note 7 22. Yabia Omer Orach Chaim part 6 siman 48 sub-note 16 23. Minchat Kohen Part 2, Chapter 2 24. Sh’oot Har Tzvi Orach Chaim Part 1 page 263 25. Gemara Shabbat Daf 93b 26. See Gemara here and Tosafot here to understand “Chai Noseh Et Atzmo” 27. Yalkut Yosef Shabbat part 3, page 207 28. Yalkut Yosef Shabbat part 1 siman 253 29. Yalkut Yosef Shabbat part 3, page 179 30. Yalkut Yosef Shabbat part 3, page 185 31. Yalkut Yosef Shabbat part 3, page 185 32. Yalkut Yosef Shabbat part 3, page 181 33. Yalkut Yosef Shabbat part 3, page 244

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ABOUT THE AUTHORS

Rabbi Mosheh Aziz is an assistant rabbi for the Mashadi Jewish Community and 5th grade teacher at Long Island Hebrew Academy in Great Neck. He received his Yoreh-Yoreh Semicha both from Harav Eliyahu Ben-Haim and from ’s Rabbi Isaac Elchanan Theological Seminary, and completed a Master’s Degree in Social Work at Yeshiva University’s Wurzweiler School of Social Work. Recently, he published his first book with his chavruta Avraham Ben-Haim, Shenot Haim, a practical guide to Hilchot Avelut based on the teachings of Harav Ben Haim.

Rabbi Sammy Banilivy is a graduate of Yeshiva University and a musmach of Harav Eliyahu Ben-Haim Shlita. After completing his undergraduate degree, he returned to Israel to study in Darchei L’Horaah Rav Kollel. He is currently working as an accountant.

Avraham Ben-Haim attended Yeshiva University’s Rabbi Isaac Elchanan Theological Seminary where he studied under his father, Harav Eliyahu Ben- Haim Shlit”a. He has worked on several other books, including a practical guide to Hilchot Avelut titled Shenot Haim, co-written with his chavruta Rabbi Mosheh Aziz.

Oren Heskia graduated from Yeshiva University in 2014, where he studied under Harav Ben-Haim. He has headed several Mashadi publications in the past, including Read It Up and the Holiday Companion series.

Rabbi Elie Sadik is currently studying in Yeshiva Ner Israel. A Los Angeles native, Elie received his degree in Biology from Yeshiva University. He recently received his smicha from Harav Eliyahu Ben-Haim Shlita, and plans to pursue a career in medicine.

For questions or comments about this publication or to sponsor a future

` edition, please email the authors at [email protected]

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