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Please do not read during Davening or Halochos of Yichud Krias Hatorah 25 Halochos of Yichud 13. Answer. If he would be inside for a minute and a half before opening Yichud the door, no one would be concerned enough to come inside looking 1. A situation in which a man and a woman are together in a secluded for him. Therefore, this is a situation of yichud. Since, in a situation of yichud, the issur is even for a moment, he may not enter the שו"ת רדב"ז ח"א סי' ) place and no one will intrude is called yichud Even apartment alone even for a moment. He should have another man .(שו"ע אהע"ז סי' כ"ב ס"א) This situation can lead to aveiroh .(קכ"א if they did not ultimately do the aveiroh, they transgressed the follow him onto his balcony and watch him the whole time he is inside. Elevator מנחת ) need a kaporoh (שו"ע ס"ב) issur of yichud and both of them The amount of time spent in an elevator is usually less than the .14 .(שלמה קמא סי' צ"א אות כ"ב 2. The issur of yichud applies to everyone, even people who are not duration of yichud. Even if it is more, one may be inside with a woman if it is possible the elevator will stop on another floor to שו"ת ) suspect or capable of doing an aveiroh – e.g., an elderly man דבר הלכה שו"ת סוף ) pick someone up before the duration of yichud בית שמואל אהע"ז סי' קמ"ח ) or someone sick (דברי מלכיאל ח"ד סוס"י ק"ב .Even if it did not end up stopping, they did not do an issur .(סי' י"א .(שו"ע שם סט"ו) as well as tzaddikim and upstanding people – (סק"ו Children 15. One may be alone with a woman in a glass elevator whose interior 3. Everyone who is chayov in mitzvos is subject to the issur of yichud. can be seen by people outside. This is like a door open to a public Thus, a 13-year-old boy may not be in yichud with a girl who is 3 or area (regarding a camera in the elevator, see below, 32). older, and a 12-year-old girl may not be in yichud with a boy who is 16. Machmir custom. Although strictly speaking is it muttar, some A boy younger than 13 may be in yichud people make sure not to be alone in an elevator with a woman as a .(שו"ע שם סי"א) or older 9 way of keeping extra distance from indecency and bad thoughts .(דבר הלכה סי' ב' ס"ח) with a girl younger than 12 One who does this has no right to stop a .(תשוה"נ ח"ה סי' של"א אות י') Two Rooms 4. The issur of yichud applies when the man and woman are in the woman from entering an elevator while he is in it; since there is no same house, even if they are in different rooms, e.g., a bedroom issur, if a woman comes in, he should be the one to leave. and an adjoining living room or two bedrooms off the same 17. Takonoh to be machmir. Some neighborhoods and buildings are hallway, but there are other factors too: part of communities that have a takonoh or minhag that a man and 5. A man and woman may be together in one room if there is another man woman should not be together alone in an elevator. Everyone in or a shomeir in a second room [at night there must be two shomrim], such places must respect these rules, even guests. Small, narrow elevator. It could be uncomfortable for a man and a .18 .(דבר הלכה סי' י"א ס"ג הע' ג') and the door between the rooms is open 6. In the above case, if the door between the rooms is closed – even if woman to be together in a small, narrow elevator. Thus, although it is unlocked – it is an issur of yichud. Even if the woman is in one strictly speaking, there is no issur of yichud, there are grounds to room and the man is in the second room with the shomeir, if the avoid this in order not to cause anyone to feel uncomfortable. door between the rooms is closed, some say there is an issur yichud for fear that the man will go into the room the woman is in Door Open to a Public Area [“Pesach Posuach”] Pesach Posuach .(חזו"א אהע"ז סי' ל"ד אות א') and the shomeir will not follow or realize 7. Others hold we are not concerned the man will go into the room the 19. There is no issur of yichud in a house with a door open to a public This is because the man and woman will both be .(שו"ע שם ס"ט) Some area .(שו"ע ס"ו, ערוה"ש אהע"ז סי' כ"ב ס"ט) woman is in, and it is not yichud .(שו"ת בנין ציון סי' קל"ח) are machmir if the man frequently interacts with women in his afraid that someone will enter and see them .Accordingly, they must both know the door is open .(שו"ת אג"מ אהע"ז ח"ד סי' ס"ה אות י"ז) [”occupation [“isko im hanoshim 8. If there is a locked door between the room the man is in and the 20. The door does not have to specifically be open to a public place; room the woman is in, there is still an issur of yichud if the man or any area where people pass by suffices, e.g., a stairwell or .(שו"ת בנין ציון שם) If only the woman has courtyard that people pass through .(דבר הלכה סי' י"א ס"ו) both of them have a key a key and she locks the door from the inside, some say there is no Open Door Even with an open door, if no one from outside would come in .21 .(שו"ת אג"מ שם אות י"ט) others say there is still an issur ;(שם) issur 9. Everyone agrees there is no issur if a third person who is a shomeir without permission, yichud is only muttar in areas visible to a .person standing near the doorway .(חזו"א שם אות ה') has the key Duration of Yichud 22. Even if someone else would come in, yichud is only muttar in areas 10. The poskim argue about the duration of seclusion for the issur; the the person would enter. Thus, there is still an issur of yichud in inner areas of the house where people would not enter, e.g., a .(משמרת היחוד פ"ה ס"ג) average time given is a minute and a half .(דבר הלכה סי' ג' סע' ז' וח') This is the amount of time that would allow them to do an aveiroh bedroom or an upper floor .11 without being intruded on. If this possibility exists, they may not be in 23. Even with an open door, there is an issur of yichud if no one is or .(פתח"ת שם סק"ט) yichud for even a moment, even if they are not planning on remaining will be passing by, e.g., late at night Closed Door .(שו"ת שבט הלוי ח"ג סי' קפ"ב ד"ה מכ"ק) alone for the duration of yichud 12. Shailoh. A couple went out in the evening and hired a babysitter 24. If the door is closed but not locked, and people regularly enter for their baby at home. When they returned, they knocked loudly, but no one answered. The babysitter had apparently fallen asleep without permission [whether or not they knock], e.g., family in the living room. The husband was able to jump from a neighbor's members or coworkers, some say there is no problem of yichud others say there is still ;(שו"ת רדב"ז ח"א סי' קכ"א, שו"ת מנח"י ח"ז סי' ע"ג) balcony onto his balcony, from where he could enter the שו"ת בית מאיר ורע"א סי' ק"א ד"ה מ"ש מעכ"ת הובא בפתח"ת שם ) apartment and open the front door from inside. Would there be a an issur .(שו"ת שבט הלוי ח"ה סי' ר"ג אות ד') It is proper to be machmir .(סק"ח ?problem of yichud for those moments

Asking Neighbors to Enter 39. Some say even if she is sure her husband will not enter, and even if 25. Even if the door is locked, if several people have a key [and there is he does not know where she is, she still has a natural fear of her חיד"א, שיורי ברכה אהע"ז סי' כ"ב, חזו"א, דבר הלכה סי' ז' סי"ב, ) no key in the lock from the inside preventing entry], or if the lock is husband .(שו"ת דברי יציב ח"ה סי' מ"ב אות ד' a combination lock and people regularly enter, the above ?Who Can Use the Heter of Baaloh Bo’ir שו"ת דובב מישרים ח"א סי' ה' ד"ה אם יש, כ"ק מרן ) machlokes (24) applies דבר ) However, if they know it is unlikely for anyone to 40. The heter of baaloh bo’ir helps even for an immodest man .(גאב"ד ירושלים It does not help for libo gas .(שם סי"ד) or a non-Jew (הלכה סי' ז' ס"ו .enter for some time, there is definitely an issur of yichud unless the husband is in the same courtyard or (שו"ע שם ס"ח) If there is a situation of yichud and leaving the door open is not boh .26 .(דבר הלכה סי' ז' סע' כ"ב) feasible, a neighbor can be asked to come in without asking several next to the house times throughout the day. If the door is locked, he should be given 41. Some say it helps for someone who frequently interacts with women a key to enable him to enter. The fact that there is someone .(דבר הלכה סי' ז' סע' ח') in his occupation; others say it does not coming and going [“yotzei venichnas”] removes the issur. The Shomrim by Day and Night .(דבר הלכה י' ג' הע' י"א) neighbor must actually come and go Window 27. A man and a woman may be alone together in a house with a Shomeir by Day locked door if there is a transparent window facing an area that 42. Two men may be alone with a woman by day in the city, since each This is true even if one .(רמ"א שם ס"ה) even one is a shomeir for the other ,(נודב"י קמא אהע"ז סי' ע"א) people passing through can see inside מו"ר שו"ת ) of them is asleep since daytime naps are not substantial שו"ת מהרש"ם ח"ב מפתחות אהע"ז סי' ) if they have to strain a bit to see .(שבט הקהתי ח"ד סי' שי"ט .This is true even if just the man or just the woman is visible .(ע"ו A .(רמ"א יו"ד סי' קצ"ב ס"ד) They Can See Everyone Who Comes In 43. A boy who is at least six can be a shomeir (שו"ת שבט הלוי ח"ה סי' ר"ד אות א') Even if there is an open door facing a public area, if the ones inside girl between six and nine and a day .28 Once she is nine, she cannot even .(שו"ע שם ס"י) can see everyone who comes in from where they are, e.g., on a can be a shomeres security monitor, there is an issur of yichud, as they get advance be a shomeres for herself. notice before anyone enters. This is very common in offices, 44. A blind person can be a shomeir, but a sick person who is not of .(שבט הקהתי שם) jewelry stores, many private homes etc. sound mind cannot Who Does an Open Door Help? Shomeir at Night 29. A door open to a public area removes the issur even for an 45. For yichud at night, there must be an additional shomeir in case If there are two shomrim, there is no .(רמ"א שם ס"ה) one falls asleep דבר הלכה סי' ) a non-Jew ,(פתח"ת שם סק"ט) [”immodest man [“porutz or one who frequently interacts with women in his issur even if they are both sleeping since the man and woman will ,(ג' סע' ח"י even if the woman is unscrupulous ,(פתח"ת שם) occupation be afraid one of them will wake up. [“prutzoh”] or not Jewish. 46. For this topic, night is defined as the time the shomeir normally goes to 30. “Libo gas boh” means there is a degree of friendliness between a man and a woman resulting from having grown up together, family sleep, even if he is not sleeping at the moment. Earlier than this time, .(דבר הלכה סי' ט' סע' י"ז) Since they even if it is dark outside, one shomeir is enough .(ערוה"ש סי' כ"ב ס"ו) or business ties ,(שו"ע שם ס"ח) relation do not have a natural distance, the poskim argue about the open 47. If there is no fear the shomeir will go to sleep, one shomeir is enough. [My rebbi, Hagaon Rav Meir Brandsdorfer zt”l once was ט"ז שם סק"ח, חזו"א, וכך נוטה בשו"ת ) door heter. Some say it is a heter with a chosson and kalloh who needed a shomeir for yichud. He חלקת מחוקק סקי"ג, בית ) others say it is not ;(שבט הלוי ח"ה סי' ר"ג אות ז' learned at a shtender all night and was not with another shomeir. It .(שמואל סקי"ג, נודב"י תנינא אהע"ז סי' ח"י ד"ה והנה, ערוה"ש שם ס"ו 31. Practically speaking, if the door is closed and they are relying on could be the reason was that he was not afraid he would fall into a someone coming and going, they may only rely on the meikel deep sleep; napping on a shtender is not considered sleeping for [.(כמבואר בדבר הלכה סי' ט' סע' י"ז הע' י"ז) poskim in a pressing situation. If the door is totally open and they these purposes stay in front of the door, even with libo gas boh, there is no issur as Doctor’s Appointment If a woman needs to see a male doctor [who is more of an expert .48 .(תורת היחוד פ"ה הע' כ"ח בשם הגריש"א) it is not considered yichud at all she should ,[(שו"ת שבט הלוי ח"ד סוס"י קס"ז) Place with Cameras than any female doctor 32. The poskim discuss whether there is an issur of yichud in a place not rely on the heter of baaloh bo’ir due to the many problems in שו"ת שבט ) under constant camera surveillance, since the two will be afraid of this area; her husband should be in the room with her even if that will cause him to miss some (הלוי ח"ה סי' ר"ג אות ו' being seen by others who can see the screen. Most poskim agree certainly if he will just miss ;(תשוה"נ ח"ה סי' של"א אות ה') that cameras only remove the issur of yichud while someone is learning ,some work. Alternatively, another woman who can be a shomeres הגר"י ראטה, קובץ אור ישראל גליון ס"ה עמ' נ"ז, הגר"נ ) viewing the screen .(שו"ת מנח"י ח"ג סי' ע"ג) and only if the two in the room cannot cover the camera should go with her (ציננער שם חוט שני, יחוד ס"ד סוף סק"ג lens ( ). 49. If the secretary often enters the exam room without permission, 33. When no one is viewing the screen, there is no heter to rely on there is no issur of yichud [see above, 24], even if the doctor and them fearing that perhaps someone will check the tape later. If the secretary .(משמרת היחוד פכ"ד ס"ה) patient are behind a curtain 34. The major poskim have put out letters ruling that one should not rely on cameras at all due to the harm that has come about from waits for the doctor’s permission, the issur is still in force. In a pressing 50. A woman must make sure there is no problem of yichud before .(הגריש"א, בעל שבט הלוי, והגר"נ קרליץ) relying on them situation, one should ask a rav. getting an X-ray, CT scan, or MRI. Traveling by Car Psychologist 35. A man and woman may travel together in a car outside the city 51. If a woman must go to a specific psychologist or mental health even at night if, at any given moment, there is a good chance professional, she must make sure there is no problem of yichud, another car will approach, and its passengers can see at least one since usually no one else enters the room during a session. The of the two. If no other commuters are around, it is ossur. door must be left open a bit or someone must enter in the middle. 36. The Yerushalayim-Tel Aviv highway usually has cars traveling all 52. Shailoh. A psychologist once asked us if he may be alone with an along it. Thus, a woman may travel alone in a taxi to the airport in “androginus.” Answer. The Mechaber explicitly rules that a man since there is not a ,(שו"ע שם סי"ב) may be alone with an androginus .(כ"ק מרן גאב"ד ירושלים) the middle of the night .(חלקת מחוקק סקט"ז) Husband in Town [“Baaloh Bo’ir”] suspicion for a sofeik Yichud with Non-Jewish Father Husband in Town 53. Shailoh. A woman was born from a Jewish mother and non-Jewish 37. There is no issur of yichud with a woman whose husband is in town father, r”l. Her mother was deceased, and her elderly father, who Some say she will be afraid lived far away in South Africa wanted her to visit. She asked if there .(שו"ע שם ס"ח) since she will be afraid According to is a problem of yichud with a non-Jew for her to go visit him along .(חכ"א כלל קכ"ו ס"ו) her husband will enter unexpectedly this, the very fact that he can enter is enough, even if he doesn’t with her 11-year-old daughter. Answer. Although a geir is like a usually do so, e.g., he is in shul, learning in kollel, or at work. newborn and is not considered to be related to his non-Jewish 38. However, if he is actually unable to enter for some time, e.g., he is family, some allow a geir to be alone with his non-Jewish mother on the other side of a big city, or he is ill, lo oleinu, and cannot walk since there is no yetzer horo for a biological mother or daughter Thus, she .(שו”ת אג"מ אהע"ז ח"ד סי' ס"ד, שו"ת שבט הקהתי ח"ו סי' תכ"א) שו"ת אג"מ אהע"ז ) unassisted, there is an issur of yichud for that time Also, if her husband may visit him, especially since some hold a man may be alone with .(ח"ד סי' ס"ה אות ז', שו"ת שבט הלוי ח"ה סי' ר"ג אות ג' .even though many argue ,(אג"מ שם) does not know where she is, he cannot enter and yichud is ossur. a woman and her daughter בס''ד ליקוטי ופסקי הלכות

שע''י ''חדר הוראה''

שכונת מנחת יצחק פעיה''ק ירושלם תובב''א בראשות הרב חיים אהרן בלייער שליט''א Halochos compiled by HaRav Chaim Bleier – Translated from the Hebrew edition by R’ Zerachya Shicker

Please do not read during Davening or 29 The Halachos of Tzedaka | Parshas Mishpatim/Shekalim 5777 Krias Hatorah

The Mitzva of Tzedaka 12. Therefore, a Gabbai shouldn't pressure people since he does not know their financial situation. The dictum, "Greater is the one who Parshas Shekalim causes others to give…" doesn't apply when collecting from one who .(ספר חסידים סי' של''ב) struggles with his own livelihood 1. The Korbanos brought from Rosh Chodesh Nissan and onward were bought with newly donated funds. Therefore, on Rosh Chodesh Adar, Plaques and Publicity .(רמ''א סי' רמ''ט סי''ג) Beis Din would call on everyone to give a half-Shekel. In place of this 13. One should not boast about his charity actual process, we read in Shul the passage from ‘Ki Sisa’ discussing the Nevertheless, if one donates an item, it is permissible, and proper, as reward for his (רשב''א ח''א סי' תקפ''א) to inscribe his name upon it .(מ''ב סי' תרפ''ה סק''ב) half-Shekel donation 2. "Rabbi Elazar said: 'When the Beis Hamikdash stood, each person Mitzva and to inspire others to do likewise. would give their half-Shekel and receive an atonement. Now that 14. It is likewise permissible for a Gabbai to publicize donors' names .(חכ''א כלל קמ''ד סכ''ג) there is no Beis Hamikdash, if one gives Tzedaka, good, [feeding the if not, Mental Commitments ;[(מהרש"א) poor takes the place of 'feeding' the Mizbeiach gentiles will take his money by force. Even so, it will be considered 15. If one planned to donate, even if he did not verbalize such, he is .(רמ''א סי' רנ''ח סי''ג) obligated to follow through .(גמ' ב''ב דף ט') "Tzedaka 16. Often, one is inspired to give a generous sum to a certain cause, but "Providing his Needs" later reconsiders and wants to give less. If he did not originally say 3. The Mitzva of Tzedaka is to give the poor man his needs (e.g., food, anything or fully make up his mind, he does not have to give what he originally planned. One is only obligated to give if he mentally ר''נ 'שו''ע יו''ד סי) clothing, utensils etc.), based on what he is used to .(מו''ר בשו''ת קנה בשם ח''ב סי' ק''י אות ב) The one to whom the poor man appeals is not responsible to committed .(ס''א provide everything alone. Rather, he should inform the public of his 17. Sometimes a person sees a poor man circulating and decides to give, but the man disappears before reaching him. He is not obligated to .(רמ''א שם) plight, and everyone should jointly provide for his needs 4. If the pauper is a Torah scholar, the obligation to give is according to chase down the pauper. His plan was to give to the poor man when Some understand this to mean that we he approached. Since he never reached him, the plan was never .(שו''ע סי' רנ''ג סי''א) his honor concretized and he does not even need to give the money to another פמ''ג או''ח ) must provide generously to allow him to learn comfortably .(שו''ת קנה בשם שם) pauper .(סי' קנ''ג א''א סקכ''ד, מו''ר בצדקה ומשפט פ''ג הערה ה Tzedaka for Mitzva Purposes "Asmachta" 5. The Mitzva of Tzedaka includes providing the poor with money to use 18. Question: I pledged to triple Ploni's donation, never imagining he would for Mitzvos (e.g., Matza), even Mitzvos D'rabonon (e.g., four cups of give anything significant, but he did. Do I have to follow through? However, a pauper who 19. Answer: If someone says, "If I do X, I will give a certain sum to .(משנה ריש ערבי פסחים) (wine for the Seder יו''ד סי' רנ''ח ס''י, ) Tzedaka," and he does X, he is obligated to give .(ליקוטי שו''ת חת''ס סי' כ''ט) lacks food, takes precedence Therefore, the pledge would seem to be .(וברמ''א חו''מ סי' ר''ז סי''ט ,.If the poor man was used to performing Mitzvos scrupulously (e.g .6 buying a beautiful Esrog or special Matzos), it is a Mitzva to help him binding. However, if it was an exaggeration and he was confident continue to do so despite the cost. However, it is preferable for the Ploni was not going to donate, some hold that it is an invalid pledge .(מו''ר בשו''ת שבט הקהתי ח''ו סי' ש''מ) thereby being and he does not have to pay ,(צדקה ומשפט פ''ג הערה ד) pauper to decline such aid .(Others hold that the pledge takes effect (based on the rule of Asmachta .20 .(שו''ע סי' רנ''ה ס''א) scrupulous in the Mitzva not to rely on others שו"ת שבט הלוי יו"ד סי' קכ"ג, צדקה ) Gabbai Tzedaka (Charity Collector) However, he can do Hataras Nedarim Ploni certainly must pay as his .(ומשפט פ"ד סל"ט, וכ"ק מרן גאב"ד ירושלים 7. Each community is responsible to appoint Gabbaim to collect from the donation was never contingent on the matching donor. thus sparing the ,(שו''ע סי' רנ''ו ס''א) public and distribute to the poor .(שו''ע סי' ר''נ ס''ה) poor from having to go begging Order of Precedence שיעורי רבינו חיים ) The Mitzva of Tzedaka includes urging others to give .8 Greater is the one who causes others to give than the Relatives" – (הלוי ב''ב established priorities ,(דברים ט''ו ז) based on a Pasuk ,(ספרי) Chazal .21 (גמ' ב''ב דף ט' ע''א, שו''ע סי' רמ''ט ס''ה) ".givers לקט יושר ח''ב עמ' ) This includes all who assist in organizing a fundraising event, as they for Tzedaka. Relatives, even from another city .9 הג' רע''א של ) precede other poor people, even Torah scholars ,(מ''ח are generating more Tzedaka. The same applies to donating gifts for a :The order of relatives is as follows .(שו''ע .raffle or covering the costs of the food, music, etc (c ,(שם) b) Adult Children ,(שו''ע סי' רנ''א ס''ג וברמ''א) A Gabbai may not give precedence to his relatives. He should view 22. a) Parents .10 'שד''ח כללים פאת השדה מערכת הב' סי' ח''י, צו''מ פ''ג הע) Grandparents .(שו''ע סי' רנ''ז ס''י) every poor person the same way שערי צדק פ''ז ) e) Parents-in-law ,(שד''ח שם) d) Grandchildren ,(י''ט A Gabbai may not put someone in a situation where he may donate .11 and an older brother precede (ש''ך סק''ז) f) paternal Brothers ,(סק''כ more than he can afford out of embarrassment. A Gabbai may not (g ,(ביאור הגר''א) or Sisters (שערי צדק שם סקי''ט) collect from this type of person. Hashem will punish a Gabbai who other brothers .Maternal siblings .(שו''ע סי' רמ''ח ס''ז) shames someone into giving

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23. There is no order of precedence for relatives more distant than these. Method of Giving However, relatives close enough to be disqualified for testimony Eight Levels first cousins or closer – precede – (שו''ת בית יצחק יו''ד ח''ב סוף סי' פ''ו) other poor people. 39. The Poskim enumerate eight ways of giving based on maintaining :(שו''ע סי' רמ''ט ס''ו עד סי''ג) Wife's Relatives. Some say a man's wife's relatives have the status of the pauper's dignity .24 others say they are between the 40. Level 1. The best way is to fulfill the Pasuk, "You shall strengthen him ;(פתח''ת רנ''א סק''ב) the local poor the pauper)" by making a partnership with him, hiring him, finding) שו''ת חת''ס חו''מ סי' קי''ב, שו''ת אמרי אש ) local poor and his relatives work for him, giving him a gift the way a close friend would, or loaning א''א ) yet others say they have the status of his relatives ;(יו''ד סי' צ''ז .(שו''ע ס''ו) him money. These help him become self-sufficient .(בוטשאטש סי' תרצ''ה 41. Level 2. Giving in such a manner that the identities of the benefactor Neighbors and beneficiary remain unknown to each other, and there is no go- with priority given to ,(רמ''א שם) After relatives come neighbors .25 between who knows either party. This minimizes that shame of the .(ביאור הגר''א שם סק''ד) neighbors in closer proximity .(שו''ע ס''ז) pauper Local Poor People 42. A similar method is where one gives anonymously to a Gabbai, and Both the the Gabbai gets the money to the pauper without him seeing .(שו''ע שם) Local poor precede the poor from another city .26 .(פרישה סק''י, חכ''א כלל קמ''ז סט''ז) giver and the pauper are considered to be part of a city once they have Just beneath that is where the Gabbai knows who the giver and .43 ;(רמ''א סי' רנ''ו ס''ה בשם י''א, מ''ב סי' תכ''ט סק''ה) been there for 30 days if they are planning on settling there, they are immediately members recipient are, but the recipient does not know the Gabbai or the .(ב''י, שו''ע שם) giver .(שו''ע שם) of that city 27. Outgoing paupers. If a poor man moves to another city, the people 44. Level 3. The giver knows the recipient, but the recipient does not from his former city no longer give him precedence over other poor know the giver. E.g., someone drops an anonymous envelope with This was the practice .(שו''ע ס''ח) money in the poor man's mailbox .(ליקוטי שו''ת חת''ס סי' כ''ט, שו''ת דברי חיים ח''ב חו''מ סי' ס''ח) people 28. Some hold even after a pauper moves, he retains the status of the local of Gedolim. This includes sending money to the pauper through the .(חכ''א סי''ז) pauper's close friend who will not cause him any shame שו''ת מנחת ) poor. This even applies to people of common descent דרך ) This is especially true if no one is taking care of the The deliverer is allowed to say that the money is from himself .(אלעזר ח''ד סי' ח .(אמונה פ''י סקמ''א שו''ת גינת ורדים יו''ד כלל ג' סי' ט', מכתב ) pauper in his new location Level 4. The pauper is aware of who his benefactor is, but the giver .45 .(מהגר''ח וולאזין בשו''ת מגיני ארץ ישראל E.g., someone appoints .(שו''ע ס''ט) Rabbi Meir Baal Haneis. Based on this, Gedolim founded many doesn't know who the pauper is .29 Tzedakos, e.g., ‘Rabbi Meir Baal Haneis’ fund, Kollel ‘Shomrei a Gabbai to distribute his Tzedaka as he sees fit and the Gabbai tells Hachomos’ for those of Hungarian descent; Kollel ‘Chibas the poor man who the money is from, but doesn't tell the giver to .(חכ''א שם) Yerusahalayim’ for those of Galician descent; Kollel ‘Poland’, etc. whom he gave 30. However, some say nowadays that these communities no longer exist, 46. Level 5. Giving to the poor man before he asks. This spares the poor and in return, Hashem will ,(שו''ע ס''י) their offspring are scattered throughout the world, and the Israeli man the shame of asking .(ערוה''ש סי''ז) beneficiaries of these Tzedakos haven't lived in those places for provide the giver's needs before he asks Level 6. Giving a respectable amount after the pauper requests .47 מרן ראב''ד ) generations, there is no longer any status of the local poor .(שו''ע סי''א) The main thing is to give to Torah scholars .(תשוה''נ ח''ב סי' קס''ט ,ירושלים .(שו''ע סי''ב) Level 7. Giving only a small amount, but pleasantly .48 .(ויואל משה) in Israel, as Chazal extensively praise giving to them but without conveying that to ,(שו''ע סי''ג) Chassidus or Community. Some say one should give to the poor of his 49. Level 8. Giving reluctantly .31 the pauper. If one gives sullenly, he transgresses the Pasuk, "Do not שו''ת ) community or Chassidus before other poor people in his city .(ש''ך סק''ט) "This seemingly does not apply to poor members of give with a bad heart .(הרא''ם ח''א סי' נ''ג his Chassidus living in another city. Tomchei Yotzei England 32. Bochurim learning in a city have the status of the local poor and even 50. There is an organization in Israel called Tomchei Yotzei England .(שו''ת חת''ס ח''ו סי' כ''ז) precede the local poor Amei Ha'aretz which, twice a year (before Yom Tov), gives money to families The Poor of Israel originally from England. These are families of Bnei Torah and are .In generally uncomfortable turning to other Israeli Tzedakos .(שו''ע סי' רנ''א ס''ג) The poor in Israel precede other poor people .33 other words, if, after giving to the local poor, one wishes to give to poor 51. Donating to Tomchei Yotzei England fulfills many of the categories people from elsewhere, he should give precedence to the poor from of giving Tzedaka: Most, if not all, of the recipients are Bnei Torah who toil all day in .52 .(ש''ך סק''ו, שו''ת חת''ס ח''ו סי' כ''ז, שו''ת שבט הלוי ח''ה סי' קל''ה) Israel The Poor of Yerushalayim learning. Supporting Torah learning is the greatest form of Tzedaka 34. Some write that the poor from Yerushalayim precede the poor from (37) and may even precede helping relatives (38). Among the ,recipients are tremendous Torah scholars, who, according to some שו''ת חת''ס יו''ד סי' רל''ג רל''ד הובא בפתח''ת שם ) elsewhere in Israel (However, a poor man from elsewhere who is lacking food precede the local poor (36 .(סק''ד precedes a poor man from Yerushalayim with a minimum of food. 53. It is very likely that some recipients are relatives (21), or at least Torah Scholars neighbors (25), as there are families from all areas. Donors from Yerushalayim certainly get the Mitzva of giving to the .54 שו''ע סי' ) A poor Torah scholar and his wife precede other poor people .35 local poor (26), as some recipients live in Yerushalayim. Even donors .(רנ''א ס''ט, ורמ''א 36. Some say the local poor precede a Torah scholar from another city from elsewhere get the Mitzva of "the poor of Yerushalayim" (34) .(others say the Torah and "the poor of Israel" (33 ;(שו''ת שמש צדקה יו''ד סי' י''ט הובא בפתח''ת סק''ג) Even if the giver and recipient currently live in different cities, many .55 שו"ת דברי חיים ח"ב חו"מ סי' ס"ח, דרך אמונה פ"ז ) scholar comes first Poskim hold one fu lfills giving to the local poor if both parties are .(הג' רע''א של שו''ע) but not before one's relatives ,(סקצ"ט Supporting Torah Learning. originally from the same place (28). Many Gedolim relied on this. 37. The highest form of Tzedaka is supporting Torah learning, i.e., 56. Tzedaka given through Tomchei Yotzei England fulfills Level 2 supporting Bochurim or others who learn. This includes any needs of Tzedaka (43), which is the best way of giving (after "strengthening the poor"). Chazal say that one who gives in this manner is saved .(חכ''א כלל קמ''ה ס''ז) the Beis Medrash .(גמ' ב''ב דף י' ע''א) Tzedaka for supporting Torah is greater than Tzedaka to the poor, from an unnatural death .38 unless the poor person is in danger. There is a dispute if it precedes In the merit of" .(שו''ת מהרשד''ם יו''ד סי' קנ''ח, אהבת חסד ח''ב פי''ט) poor relatives

Tzedaka, one has To sponsor a weeks children who are Torah הגליון נכתב לע''נ האשה scholars, wealthy, and :publication, please contact מרת .(גמ' ב''ב ט' ע''ב) "[email protected] respected בת ר' ע''ה

''ד ליקוטי ופסקי הלכות

שע''י ''חדר הוראה''

שכונת מנחת יצחק פעיה''ק ירושלם תובב''א בראשות הרב חיים אהרן בלייער שליט''א Halachos compiled by HaRav Chaim Bleier – Translated from the Hebrew edition by R’ Zerachya Shicker

Please do not read Talmud Torah | Parshas Behar-Bechukosai 5777 during Davening or 41 Krias Hatorah The Obligation of Learning Torah 11. Unable to learn a lot. All of this applies to one who succeeds in his learning and has the strength to learn a great deal. One who is Halochah, Not Mussar incapable of learning a lot, whether due to lack of intellect, abilities, 1. People generally think that the halochos of talmud Torah are mussar- or focus, does not need to make his work secondary; he is yotzei by related, and admirable virtues. In truth, just like all other mitzvos, the just setting some time aside. He may engage in his business the rest mitzvah of Talmud Torah has halachos in Shulchan Aruch and other of the day to enable himself to amply support talmidei chachomim seforim detailing exactly how to fulfill the mitzvah. We all must or his children who are learning Torah, and it is considered as if he .(שו"ע הרב פ"ג ס"ד) strengthen ourselves in these halochos. himself learned Every Man is Obligated Keviyus Ittim [Setting Aside Fixed Times] (שו"ע יו"ד סי' רמ"ו ס"א) Every Jewish man is chayov to learn Torah .2 constantly, day and night, according to his ability, as it says: "vehogisa bo Uncompromising One who is yotzei his chiyuv with keviyus ittim must not interrupt .12 .(מג"א סי' קנ"ו סק"ב, שו"ע הרב ס"ה, של"ה שבועות אות כ"א) "yomam volaila שו"ע או"ח סי' ) The chiyuv of continuous Torah learning applies to anyone who does not that time, even if he thinks he can make a great profit .3 since the main value of keviyus ittim is when he doesn't ,(קנ"ה ס"א ,need to occupy himself with his livelihood, or is supported by others unless he is a total oneis ,(סדר היום בסדר הלימוד) e.g., Yeshiva bochurim or avreichim], as well as balabatim in the time skip a single day] .(נצח ישראל להח"ח פי"ב) left after sufficiently providing for their families. Setting aside a bit of time by day and by night is not enough; one is constantly chayov – during The Time all hours of the day and night – according to his strength. 13. How much? There is no specific amount of time one must set. It all .(סדר היום) One Who is Preoccupied depends on the amount of time he has כף החיים ) One who is engrossed all day in his livelihood or one who is weak or old 14. When? Ideally, one should set aside the same time every day .4 It is best to designate a slot right after davening, to fulfill .(או"ח סי' קנ"ה and cannot dedicate all his time to Torah learning must still set a fixed time by day and by night to learn Torah. As the Mechaber says: "Whether he is the posuk, "yeilchu meichayil el chayil," and to avoid getting engrossed .(מ"ב שם סק"ג) poor or rich; healthy or suffering; young or old – even a beggar, and even in his affairs and missing his learning a man with a wife and children – he must set a fixed time to learn Torah by 15. Nighttime. One must also learn at night. One who desires to get the crown of Torah" must take care to spend his nights in words of wisdom" .(שו"ע שם) "day and night, as it says, "vehogisa bo yomam volaila שו"ע סי' רמ"ו ) However, when he has time, such as after work hours, or when he is and Torah; not sleeping, eating, drinking, and chatting .5 .(רמ"א שם) since most of the wisdom a person learns is at night ,(סכ"ג של"ה מס' ) unoccupied, the obligation to learn night and day returns If he is free and chooses not to learn, he borders on 16. Making up. If one learns a certain amount or at a certain time each .(שבועות אות כ"א on the posuk, "He disgraced the day, but was busy one day and skipped, he must make it up at night (סנהדרין דף צ"ט ע"א) what Chazal say ,He should not push it off until the next day .(שו"ע או"ח סי' רל"ח ס"ב) word of Hashem" – "this refers to one who is capable of involving himself Bedieved, some .(מ"ב שם סק"ד) since the next day has its own chiyuv .(מ"ב סי' קנ"ה סק"ד) "in Torah, but does not .(פתח"ת יו"ד סי' רמ"ו סק"א) Extremely preoccupied. If one has no choice and there is a day when say making up on another day works .6 he cannot learn at all, he may rely on kerias shema of the morning and Place A set place. One must set a fixed place in the beis medrash for .17 .(מימרא דרשב"י, מנחות צ"ט ע"ב, רמ"א יו"ד סי' רמ"ו ס"א) evening .(רמ"א או"ח סי' קנ"ה ס"א) However, realistically, there is almost no one who only has time to learning Torah .7 fulfill "vehogisa" with kerias shema. This halachah applies to one in a 18. Learning at home. Even after learning in a beis medrash, one should set aside time to learn in his house. As the Mechaber says, "Fire consumes שו"ע הרב ) thousand who is an oneis, e.g., on the major market day .(שו"ע סכ"ד) "any house in which words of Torah are not heard at night .(ערוה"ש יו"ד סי' ת' ס"ו) or an aveil lo aleinu ,(פ"ג ס"ד, ערוה"ש ס"ז Doesn't Know How to Learn It is good for his wife and children to see him learning, since the Torah 8. One who does not know how to learn at all should still go to the beis will influence them. רמ"א או"ח סי' קנ"ה ס"א medrash and will get schar for going ( ). He is 19. A room to learn. Even when learning in his house, one should designate exempt from setting fixed times for learning and is yotzei with learning an area where he will not be disturbed. If possible, he should have a יעב"ץ ) the little he understands and by supporting others learning room specifically for learning Torah, and treat that room with the .(בסידורו, לימוד אחר התפילה אות ח' .(קב הישר פנ"ג) Nowadays, there is almost no one who doesn't know how to learn, as kedushah of a beis medrash .9 there are seforim in all areas of Torah that are simple to learn, as well as What to Learn seforim in English and other languages through which one fulfills the 20. Halachah. It is not enough to learn gemara, rashi, and tosafos; one Therefore, must also learn the sifrei haposkim in order to know what to do and .(תשובות והנהגות ח"א סי' תקל"ז) mitzvah of Talmud Torah everyone must fulfill their mitzvah by learning what they understand. how to conduct himself based on the Torah and Shulchan Aruch .(דרישה סי' רמ"ו סק"ד הובא בט"ז שם סק"ד ובש"ך סק"ה) "Make Your Work Secondary" 10. A working man. One should always make his Torah primary and his 21. The main halachos one must learn are the most commonly applied ones, work secondary; he should minimize his dealings and engage in Torah; i.e., orach chaim, and select halachos in the other sections of Shulchan .(שו"ע הרב פ"ב ס"ט וערוה"ש סי"ז) Aruch which everyone must know ,(רמ"א יו"ד סי' רמ"ו סכ"א) …he should remove indulgence from his heart i.e., he should engage in work only to the extent necessary to provide 22. If someone insists on only learning gemara without the final halachah, himself and his family with their needs [not just the bare minimum they should not be dissuaded if that may cause them to stop learning but not with unnecessary luxuries. He should ,[(ש"ך סי' רמ"ג סק"ז) always try to find ways to increase his learning and reduce his work. altogether, since all words of Torah restore the soul and bring pure .(ערוה"ש סי"ז) yiras Hashem

Disturbing neighbors. If one is learning out loud and it disturbs .40 אריז"ל והגר"א ) Mussar. One is obligated to learn mussar every day .23 מו"ר בשו"ת שבט הקהתי ח"ד ) and to set aside time – whether a little or a nearby residents, they may not object (הובאו במ"ב סי' תר"ג סק"ב 'However, if possible, one should not disturb his neighbors .(סי' רצ"ט This chiyuv .(ברכי יוסף וח"א הובאו במ"ב סי' א' סקי"ב) lot – for this .(מו"ר בפתחי חושן גניבה פט"ו סק"ג) peace .(שעה"צ שם סקכ"ו) precedes learning mishnayos 41. Distracting others. If one is learning aloud and it distracts others learning Quality of Learning in the Beis medrash, they may not object. If he is in a place where it is Mitzvah to Know Torah customary to be quiet, such as an otzar seforim, they may object. 24. Everyone is obligated to learn and know the entire Torah shebichsav and Toiling and Laboring in Torah 42. "Torah learning does not endure for one who is lax about it, one who is sheba'al peh with all their details and particulars, i.e., Tanach, Talmud too leisurely, or one who learns while eating and drinking; only for one Bavli and Yerushalmi, Tosefta, Mechilta, Sifra, Sifri, Tur and Beis Yosef, who "kills himself" over it and agonizes over it, withholding sleep from שו"ע הרב פ"ב ס"א I.e., only one who "kills himself" over his Torah .(שו"ע סכ"א) "…and Shulchan Aruch with its commentaries ( ). his eyes for the only wisdom that endures is ,(שו"ע הרב פ"ד ס"ט) Although it sounds like a lot and impossible, a person must will not forget it .25 nevertheless strive for that. If he puts in the time, he can gradually get that learned through toil and labor; when learned pleasurably and .(פיה"מ אבות פ"ה מכ"ג) there. He must try to the best of his ability. leisurely, it will not last or be of benefit Learning Without Understanding 43. The main aspect of toil in Torah is that of pilpul and the back-and- 26. Torah shebichsav. One who learns Torah shebichsav, even without forth in order to truly understand it, as it says, "im bechukosai teileichu" – that you should labor in Torah. This explains the text of .(שו"ע הרב פ"ב סי"ב) understanding it, fulfills the mitzvah to learn Torah 27. Torah sheba'al peh. If one learns Torah sheba'al peh without the brocho, "la'asok bedivrei torah" – Torah should be like an .(ט"ז או"ח סי' מ"ז סק"א) "understanding it, it is not considered learning. The whole purpose of occupation with "negotiation Torah sheba'al peh is to explain Torah shebichsav – if he doesn't Interruptions During Learning .(שו"ת ארץ צבי ח"א סי' כ') understand, Torah was not explained 28. Nevertheless, even if he does not understand Torah sheba'al peh, he must still try to learn it, since le'asid lavo he will understand all the Torah he Bittul Torah Bittul Torah is when a person can learn, but doesn't, or when a .44 .(שו"ע הרב שם, צל"ח בהקדמה לגבי לימוד אגדות חז"ל) worked at in this world 29. Zohar. Merely saying the words of the Zohar, even without person stops learning and gets caught up in trivial worldly matters, neglecting his learning. This is included in the posuk, "He disgraced .(חיד"א, שו"ת חיים שאל ח"א סי' ע"ה) understanding, is significant .(שו"ע סכ"ה) "Four Times the word of Hashem 30. When approaching something new, one must learn it four times to 45. Bittul Torah applies to every single hour a person could've learned, .(ח"ח, תורת הבית) understand it well. Otherwise, he will not fully understand it, even if but didn't If 46. Qualitative bittul Torah. Some say that a person who learns but .(ס' חיי עולם ח"ב פי"א, קריינא דאגרתא ח"א סי' ט') he thinks he does one learned without reviewing four times initially, he did not fulfill the doesn't put in the effort to delve into the Torah as much as he could is .(מרן הגר"ח הלוי, משנת ר' אהרן ח"א עמ' נו) qualitatively mevateil Torah .(ח"ח הובא בתשובות והנהגות ח"א סי' תקל"ט) mitzvah of learning Torah Review Disrupting Learning 31. One who forgets something he learned is oveir the lav of pen tishkach 47. Apart from the issur of bittul Torah, there is an issur to interrupt Chazal explain that the posuk is referring to all of learning for something else. Doing so shows disregard for the Torah .(מנחות צ"ט ע"ב) and disrespect for its kedushah. It is like speaking to a king and .(שו"ע הרב פ"ב ס"ד) Torah, not just the aseres hadibros .(רבינו יונה אבות פ"ג מ"ז) interrupting to speak to someone else יראים סי' שנ"ט, סמ"ג ) Some count this lav as one of the 613 mitzvos .32 The Rambam, who didn't, held that the issur is midivrei 48. The issur to interrupt learning is even for a single word, or a temporary .(לאווין י"ג Therefore, one must be very careful .(תויו"ט אבות פ"ג מ"ז) interruption .(שו"ע הרב פ"ג קו"א סק"א) sofrim 33. One who doesn't review, resembles one who plants but does not reap not to use his phone while learning, not even to check who is calling, Therefore, each person must review his learning so or similar, which would count as an interruption. It is praiseworthy to .(סנהדרין צ"ט ע"א) as not to forget it. Success in learning mainly depends on review, since turn off the phone completely to avoid any temptation. If one finished learning a topic and did not yet start another, he may .49 .(קריינא דאגרתא ח"א סי' ו') reviewing develops one's intellectual skills 34. One should review even at the expense of learning new material, as it says interrupt if there is a need. Still, a ba'al nefesh should try to avoid יוסף אומץ הקדמון עמ' ) in Avos: "You are not responsible to finish the job, but you are not free to even this, and wait until he is finished learning After a seder, one may stop even if he .(268, שעה"צ סי' רפ"ה סקי"א .(הפלאה הקדמה לכתובות אות כ"א) sit idle .(יוסף אומץ שם, ע' שו"ת שבט הקהתי ח"א סי' ש"ע) However, if one didn't review because he was learning new material, not is mid-topic .35 because he was sitting idly, and forgot some Torah, it's a machlokes if he is 50. 'Gezundheit'. One should not even respond "Gezundheit" to a This applies .(שו"ע סי"ז) sneeze in the beis medrash mid-learning .(פסקים ותשובות סי' רמו הערה oveir on pen tishkach (187 .(ט"ז סק"ו ושו"ע הרב פ"ד סי"א) If one who supports Torah has a choice between supporting a talmid nowadays as well .36 chochom who reviews and one who doesn't but learns more 51. Drinking. If one needs a drink to refresh himself, he may take a break, .(שו"ת לב חיים ח"ג סי' כ"ג) quantitatively, he should give preference to the one who constantly even mid-topic, to make a brocho and drink Similarly, if drinking a coffee or the like…, will help him learn better, he .(מו"ר בשו"ת שבט הקהתי ח"ב סי' ער"א) reviews his learning 37. A koveia ittim. One who is koveia ittim must also designate time to review may stop for a coffee, as long as he actually feels he needs it. his learning so as not to forget what he learned. It is improper for one to Interrupting for Another Mitzvah .(שו"ע סי' רמ"ו סי"ח) learn a daf a day but not review and even forget what he learned within a 52. Chazal say that learning is equal to all the mitzvos few days. He must also find time for review. Nevertheless, sometimes one must stop learning to perform 38. However, if one is so busy with his livelihood that he does not have time another mitzvah, as follows: to review all that he learned, or if one forgot due to old age or illness chas 53. If the other mitzvah can be done by others, he should not interrupt his The same is true of a mitzvah only he can do, but .(שו"ע שם) learning שו"ע הרב ס"ו ועי' תויו"ט אבות פ"ג ) veshalom, he is not oveir pen tishkach .(ביאור הגר"א סי' ר"מ סקכ"ד) he can wait until he is done with learning .(מ"ח שכתב שאפ"ה מתחייב בנפשו Learning Out Loud 54. If the mitzvah can't be done by anyone else, he should pause to do E.g., burying .(שו"ע שם) the mitzvah, and then return to his learning אבות ) "One of the ways to acquire Torah is through "arichas sefosayim .39 ;(ע' שו"ע יו"ד סי' שס"א ס"א) based on the niftar's honor ,ל"ע a meis מאירי ) Therefore, one should learn audibly and pleasantly .(פ"ו מ"ה or ;(אהבת חסד ח"ג פ"א) chesed; tzedoko; and hachnosas orchim שו"ע ) One who learns aloud remembers what he learned .(יומא י"ט ע"ב .(רמ"א אבהע"ז סי' ס"ה ס"א) gladdening a chosson and kallah .(יו"ד סי' רמ"ו סכ"ב

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Please do not read during Davening or Ma’aser Money - 2 | Parshas Ki Seitzei 5777 Krias Hatorah 5555 Using Ma’aser Money for Mitzvos be sincerely going to get yiras shomayim and grow in dveikus to If .(שו"ת בצל החכמה יו"ד ח"ד סי' קס"ג) Just for the Poor, or Also for Mitzvos? Hashem, and to visit his Rov he is only going because everyone else is, or primarily for another 1. Ma’aser money was instituted for the poor and it is their money purpose, he may not use ma’aser money for his travel expenses. Some poskim say that it must be .(מהרי"ל, רמ"א יו"ד סי' רמ"ט ס"א) 11. Kivrei tzadikim. One may not use ma’aser money to travel to kivrei .(שם) given to the poor and not used for other mitzvos tzadikim, since that is not considered the mitzvoh of visiting a Rov 2. Others say one may use ma’aser money for a mitzvoh if the mitzvoh .(שו"ת ב"ד של שלמה יו"ד סי' א' הלכתא פסיקתא אות י"א) תשו' מהר"ם, מהרש"ל, דרישה, ט"ז סק"א, ש"ך ) cannot be done without it Debts .(הגר"נ קרליץ באורח צדקה פי"א הע' ח') This is the general minhag .(סק"ג 12. Paying off a debt. One may not use ma’aser money for an 3. Therefore, ideally, when one accepts upon himself to give ma’aser, he Therefore, one .(מו"ר בצדקה ומשפט פ"ו אות ב') obligatory payment should stipulate that he should also be able to use it for mitzvos, מו"ר ) may not pay off a debt to someone from his ma’aser money שו"ת חת"ס יו"ד סי' רל"א הובא בפתח"ת סי' רמ"ט ) satisfying all opinions .(בעל קנה בשם ח"ג סי' פ"ב Even if he gave to the poor three times without making this .(סק"ב 13. However, if one borrowed money from a gemach to marry off a child condition, he may still stipulate that from now on his ma’aser can also be and he planned from the start on paying back with ma’aser money, he since his future ma’aser ,(שו"ת בצל החכמה ח"ד סי' קס"ג) used for mitzvos may (below, 33). שו"ת ערוגת ) money does not yet exist and does not belong to the poor Benefitting the Poor .(הבשם יו"ד סי' ר"כ 4. Chiyuv. The poskim write that even according to the meikel opinion, one may only use ma’aser money for a voluntary mitzvoh, 14. Forgiving a debt. If a poor person owes someone money, but cannot pay e.g., donating lights or other necessities to a shul; not for chiyuvim him back, the creditor may forgive the loan and subtract the amount Some says this is only true if he had .(רמ"א יו"ד סי' רנ"ז ס"ה) such as tefillin, mezozoh, lulov and esrog, kiddush, shofar or the from ma’aser others permit it ;(ש"ך סקי"ב) this in mind when he loaned the money .(לבוש סי' רמ"ט ס"א, לקט יושר יו"ד עמ' like (76 .(שו"ת אג"מ יו"ד ח"א סי' קנ"ג) Chomesh. One who gives a fifth to fulfill the mitzvoh in the best way even if he did not have it in mind .5 (Gilyon 54, number 9) may use half of it [a tenth] for mitzvos even 15. If the poor man died or it becomes known that he now has money or if the lender despaired of receiving the money, he ,(רמ"א שם) שו"ת אג"מ ) without prior stipulation, and even just for hiddur mitzvoh דרך אמונה פ"ח ) may not then subtract the amount from ma’aser .(אהבת חסד ח"ב פי"ט ס"ג) and the other half for the poor ,(יו"ד ח"ג צ"ג .(ציה"ל ס"ק רפ"ח Mitzvos with Ma’aser Money 16. Items for a gemach. If one donates a used item to a gemach, he 6. Kimcho d’Pischo. One may use his ma’aser for ‘kimcho d’pischo’. may subtract its current value [not its original value] from ma’aser. Back when each town set a sum of money as the required 17. Buying from a poor person. One may buy something from a poor kimcho d’pischo, one could not use ma’aser money; nowadays person and overpay, subtracting the difference from ma’aser, as long .(שו"ת מהר"ם שיק יו"ד סי' ר"ל) as there are no other considerations הגרש"ז אוירבאך, ) there is no fixed amount so it is all tzedokoh .(מעדני שלמה עמ' ב' ,מו"ר שו"ת שבט הקהתי ח"א סי' קל"ז 7. Matonos lo’evyonim. One may not use ma’aser money for his Paying a Rebbi basic chiyuv of matonos lo’evyonim, since it is a full-fledged chiyuv Small Children If he does not .(שו"ע יו"ד סי' רמ"ה ס"א) He may use his ma’aser for anything 18. One must teach his son Torah .(מג"א סי' תרצ"ד סק"א) ,Since this is a chiyuv .(שם ס"ד) teach him personally, he must hire a rebbi .(שו"ת שבט הקהתי שם) beyond that 8. Kaporos. Ma’aser money should not be used for kaporos during the he may not pay the rebbi with ma’aser money; ma’aser may only be used אהבת חסד ח"ב פי"ט ס"ב ) aseres yemei teshuvoh whether they be animals or money, since for something which is not an actual chiyuv .(בשם הא"ר סי' קנ"ו, שו"ע הרב הל' ת"ת פ"א ס"ז, שו"ת אג"מ יו"ד ח"ב סי' קי"ג Anything beyond the .(מ"ב סי' תר"ה סק"ו) kaporos are a chiyuv chiyuv may come from ma’aser money. 19. Strictly speaking, a father must only pay a rebbi to teach his son Torah Although it would .(שו"ע שם ס"ו) Shebichsav; not Mishnoh and Gemoro Tzadikim seem that one may use ma’aser money to pay for a rebbi to teach his son Mishnoh and Gemoro, the poskim write that since one should also שו"ת ) Pidyon. One may give ma’aser money as pidyon to a Rebbe .9 even if the Rebbe is wealthy, since he teach his son Mishnoh and Gemoro and everyone does this, it is like a ,(דברי שלום ח"ג או"ח סי' קל"א will presumably distribute it to the poor and needy [and if the gabbai chiyuv. Practically, therefore, one should not use ma’aser money even .(שו"ת באר שבע סי' מ"א) needs it, one may give him ‘kvittel gelt’ from ma’aser]. for teaching his son Mishnoh and Gemoro 10. Traveling to a tzadik. If one had in mind when he designated his 20. One who is struggling financially may use ma’aser money for part שי' שבט הלוי מהדו"ק סי' רמ"ט ) ma’aser that he would use it for travel expenses to get to a tzadik of the cost to teach his son Torah .(ס"א, פרי יצחק ח"ב סי' כ"ז and he has no other money, he may use it. In such a case, he must

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21. Other children. One may use ma’aser money to pay for a rebbi to to the poor in the meantime and take it back to marry off his child He may do this with up to half .(הגר"נ קרליץ) when the time comes .(אהבת חסד ח"ב פי"ט ס"ב) teach a poor person’s son .(שו"ת שבט הלוי ח"ט סי' ר"א אות ב') Yeshivoh Ketanoh and Gedoloh of his ma’aser 22. One may use ma’aser money to pay for his son’s yeshivoh ketanoh Supporting Children since he could send 36. Married children. One may support his married sons or sons-in-law ,(ארחות רבינו ח"א עמ' רח"צ) or gedoloh tuition שו"ת שבט הלוי ח"ה סי' קל"ג, שו"ת חלקת יעקב ) and with ma’aser money ,(שו"ת אבני ישפה ח"ג סי' פ"ח) his son somewhere else for free even if they are not learning, if they are not ,(יו"ד סי' קל"ז because strictly speaking, one is not chayov to teach his sons succeeding in their efforts to make a livelihood; how much more so .(שו"ת פרי יצחק שם) Gemoro and Mishnoh Tutor is this true for sons or sons-in-law learning in kollel with a meager stipend. This is a lofty endeavor. 23. One may use ma’aser money to hire a tutor or an avreich to learn with his son in addition to his regular studies since that is beyond his Indirectly Benefiting from Ma’aser Money Similarly, if necessary, a working .(שו"ת מנח"י ח"ח סי' ה') basic chiyuv man may pay a chavrusoh with ma’aser money to learn with him if 37. One may indirectly benefit from the ma’aser money that he separates in the same way that he may indirectly benefit from .(כ''ק מרן גאב"ד ירושלים) he had that in mind from the start .(ט"ז יו"ד סי' רמ"ט סק"א) Daughters ma’aser of his produce 24. School. Parents of girls in chareidi schools who struggle financially Raffle Tickets

may use ma’aser for the kodesh part of the tuition, since girls are 38. One may use ma’aser money to buy a raffle ticket from an שו"ת שבט הלוי ח"ט ס"י not chayov to learn Torah; ma’aser may not be used for the secular institution ( ), and keep the prize. Some say this is only true if his chances of winning are slim, e.g., if many .(שו"ת מנח"י ח"י סי' פ"ה, תשובות והנהגות ח"א סי' תק"ס) studies .(שו"ת אג"מ או"ח ח"ד סי' ע"ו אות ב') tickets were sold ארחות רבינו ) Seminary. One may pay seminary tuition from ma’aser .25 Dinner .(ח"ו עמ' ק"מ Bonuses 39. One may use ma’aser to pay for a tzedokoh organization’s dinner in 26. Many people give bonuses directly to a teacher at various points which he is participating, as long as he subtracts the value that he during the year, e.g., before Yom Tov, Purim, or when he marries off a benefitted, i.e., the money he would have personally payed to .(הגר"י קמינצקי) child. This money is not a chiyuv and may thus come from ma’aser. enjoy the food, music, and the like Entries in a Dinner Journal Seforim and Torah 40. One may use ma’aser to buy an entry in a dinner journal in honor Publishing Seforim of or l’ilui nishmas so-and-so, since that is only an indirect benefit. 27. One may use ma’aser money for the expenses to publish a sefer, 41. Business. A company who places an entry in a dinner journal whilst whether it be his or another’s, since everyone is considered poor advertising the company at the same time and their intention is for the .This is only true for a benefit of both, only half the money may be used from ma’aser money .(שו"ת אמר שמואל יו"ד סי' ד') regarding Torah Buying an Aliyoh or Mitzvoh in Shul ,(חזו"א, דרך אמונה פ"ז ציה"ל ס"ק ס') sefer that many people need such as a sefer that aids in understanding Torah or clarifies pshat 42. One may buy an aliyoh or mitzvoh [e.g., pesichas ho’oron or for children, or a halochoh work that will assist those learning hagboh] in shul with ma’aser money if he had in mind to do so halochoh or facilitate its fulfillment. when he bought it. If he initially bought it without having in mind to 28. Gilyonos. Likewise, one may use ma’aser to produce weekly pay with ma’aser money, it becomes a chiyuv and he may not .(ט"ז שם) gilyonos that spread Torah to the public with the above conditions. subsequently decide to pay with ma’aser Purchasing Seforim 43. However, some only allow using ma’aser for the difference 29. From a poor author. One may use ma’aser to buy a sefer from a poor between his bid and the previous bid. I.e., if someone bid fifty dollars and he bid sixty and got it, he would only be able to use ten .(ספר חסידים סי' תתרל"ה) author, if he would not otherwise buy it 30. For a beis medrash. One may use ma’aser money to buy seforim dollars of ma’aser. This is because the shul would have gotten fifty and leave them in a beis medrash for general use. non-ma’aser dollars regardless, so if he pays the entire amount של"ה מס' מגילה ענין ) For a home. Based on the minhag to also use ma’aser money for with ma’aser, “ma’aser” as a whole loses out .31 If he is .(צדקה ומעשר, הובא ברע"א גליון שו"ע סי' רמ"ט על הט"ז סק"א mitzvos (above, 2), the poskim allow one to buy seforim and keep them in his house to learn, unless he would have bought them in a shul of bnei Torah or poor people who all buy aliyos with .ma’aser money, then he may pay the full amount with ma’aser .(ט"ז יו"ד סי' רמ"ט סק"א, ש"ך סק"ג) even without ma’aser money He must note in the seforim that they were bought with ma’aser 44. Mi shebeirach money. One may pay money he pledged in a mi .(חזו"א ארחות רבינו ח"א סי' ש"ג) shebeirach from ma’aser .(ט"ז שם) money so his heirs will not keep them for themselves 32. However, the contemporary poskim do not allow this. Back when most people did not own seforim, if one would buy a sefer, others A Seat for Davening in Shul would benefit by borrowing it. Nowadays that seforim abound, buying 45. If one has two options of shuls in which to daven, one which charges money and one which does not, but he prefers the shul ערוה"ש סי' רמ"ט ס"י, ) a sefer for one’s home does not benefit others which charges, he may use ma’aser money to pay for a seat. The שו"ת אבני ישפה ח"א סי' קצ"א בשם הגר"ש וואזנר, הגר"ח קנייבסקי, דרך logic as that since he has the ability to daven somewhere without Nevertheless, if necessary and with .(אמונה פ"ז ביה"ל ד"ה ואחד מעשר paying, he is not chayov to daven in the shul that he prefers. However, if he has to daven in a particular shul, e.g., he belongs to .46 .(הגרשז"א) no other option, one may be meikel and rely on this a certain chassidus and would not consider davening elsewhere, Marrying Off and Supporting Children davening there is like a chiyuv and he may not pay with ma’aser money (Chukei Chaim, Issue 6). He may, however, upgrade to a .(שו"ת שרגא המאיר ח"ח סי' נ"ד ב') Marrying Off Children better seat using ma’aser money 33. If one committed a certain sum to his mechutan to marry off a 47. If the gabboim charge a higher price for seats than is generally child, he may not pay from ma’aser money since it became a accepted, one may pay the amount beyond what is accepted from .(שו"ת שרגא המאיר שם) chiyuv, and a chiyuv cannot be payed with ma’aser. If, when he ma’aser money committed, he had in mind to pay with ma’aser money, he may. It

חת"ס ) is preferable not to use more than half of his ma’aser for this גליון זה נתרם לע''נ .(יו"ד סי' רל"א הובא בפתח"ת יו"ד סי' רמ"ט סק"ב זקנינו הרב הצדיק 34. Similarly, if one had in mind to pay the chosson’s dowry from ר' .(שו"ת מהרש"ם ח"א סי' ל"ב) ma’aser money, he may זצ''ל ב''ר שלמה זצ''ל Children Before Marriageable Age בעל מגדולי צעירי מחזיקי תורה גולדרס גרין לונדון תלמיד הרמ''א One may not save his ma’aser money in a bank account for his .35 לע''נ זקנינו הרה''ח , מאנסי ומהר''ל מפראג children’s future weddings, since in the meantime, the money ב''ר עוזר מרדכי ז''ל נפטר ח' אלול שע''ג הגרשז"א, הגריש"א באורח צדקה פי"א ) belongs to the current poor נפטר י''ב אלול תשס''ז ומנו''כ פראג One may deposit the money in a gemach that will lend it .(אות פ"א

Please do not read during Davening or Minyan of Ten | Parshas Chayei Soroh 5778 Krias Hatorah 65 Matters of Kedushoh With Ten People before their bar mitzvoh. They also sometimes wear clothing of a godol. Sometimes, people do not realize that they are still ketanim The Chiyuv and inadvertently count them for a minyan. Therefore, one cannot assume based on a boy’s clothing or tefillin that he is a bar ויקרא ) ’It says in the Torah, ‘I will be sanctified among Bnei Yisroel .1 Chazal learn from here that words of kedushoh, e.g., mitzvoh. He should come up with a clever way to figure it out so as .(כ"ב ל"ב Kaddish, Kedushoh, Borchu, and Krias Hatorah, are not said with not to embarrass a 14-year-old by asking if he is a bar mitzvoh. who are at least thirteen Began With a Minyan, But Some Left (גמ' ברכות דף כ"א ע"ב) less than ten men .(שו"ע או"ח סי' נ"ה ס"א) years and one day old 2. Most poskim hold that the chiyuv to have ten people is derabonon 12. If a minyan began Kaddish or Kedushoh with ten, and then some [(מ"ב סקי"א) left, they should finish, as long as the majority [i.e., six (פמ"ג, א"א סק"ז) and the posuk is just an asmachto Still, those who left have an aveiroh and about .(שו"ע שם ס"ב) This hints to remain .(כ"ד, י') ”It says in the parshoh, “The servant took ten camels .3 the chiyuv of a minyan for Birkas Eirusin – Eliezer took ten camels with them it says, ‘Those who abandon Hashem will perish.’ One may Even if one left, if there is .(רמ"א) leave if there are ten without him חזקוני, תוס’ כתובות דף ז' ע"ב ד"ה ) .their riders so he would have a minyan See below 45. Some say that Eliezer traveled with ten men so he a koton as the tenth, no one else may leave; since some allow .(שנאמר including a koton (above, 8), if someone leaves, he definitely loses .(אדמו"ר מוויען, שמן ראש פ' חיי שרה, ועוד) would have a minyan for tefiloh How to Count the Ten his minyan. If two of the ten leave and only eight gedolim remain, .(מו''ר בשו"ת שבט הקהתי ח"ב סי' ל"ח) When checking to see if there are ten, one should not count, “One, others may also leave .4 The minhag is to 13. Anything which requires a minyan, e.g., Birkas Kohanim or Krias .(פר"ח סק"א) two etc.” Instead, he should use a posuk .Hatorah, may be finished if there was a minyan when it started קצשו"ע סי' ט"ו ) use the posuk ‘Hoshi’oh es amecho’ which has ten words .(מ"ב סק"ו) However, nothing new may be started .(כף החיים סקי"א) One may also look around and count in his head .(ס"ג – (א"א בוטשאטש) ’Kaddish. If Kaddish – even just the word ‘Yisgadal .14 Who Counts? was started with a minyan, it may be finished even if some people Asleep .(שו"ע שם) left – (מג"א, מ"ב סקל"ב) Some hold that one sleeping person – no more .5 since the Shechinoh is Shacharis (שו"ע סי' נ"ה ס"ו) may be counted for a minyan Nevertheless, 15. Yishtabach. If Yishtabach was started with a minyan, but some left .(מ"ב סקל"ד) present whenever there are ten men הכרעת ) many poskim argue and hold that a sleeping person is like a shoteh before the following Kaddish, Kaddish may not be started .(מ"ב שם סק"ז Thus, if .(ט"ז, פר"ח, ברכ"י, דרך החיים) and does not count for a minyan there are exactly ten, he should be woken up at least to the point 16. Kaddish before Borchu. If Kaddish before Borchu of Shacharis was started with a minyan, but some left, some allow continuing with .(מ"ב שם) that he is only dozing and not fully asleep .(מאמר מרדכי הובא במ"ב סק"ט) others do not ;(א"ר, כף החיים סקל"ד) Drunk Borchu 6. All agree that one who is drunk to the point of ‘Lot’s drunkenness’, Borchu after Kaddish of Ma’ariv may not be said if some people left i.e., he is unaware of what he is doing, whose actions are .(תהילה לדוד סק"ד) .does not count for a minyan ,(רמב"ם פכ"ט מכירה הי"ח) disregarded 17. Birchos Krias Shema and silent Shmoneh Esrei. If Birchos Krias 7. However, if he is only drunk to the point that he stutters somewhat and does not walk perfectly straight, some say he does Shema, or even Shmoneh Esrei, were said with a minyan, but then .(רמ"א ס"ג, מ"ב סקט"ז) some left, Chazoras Hashatz may not be started כף החיים סקט"ו, אורחות ) others say he does ;(מ"ב סי' צ"ט סק"י) not count Chazoras Hashatz. If Chazoras Hashatz was started – even just the .18 .(חיים סי' נ"ח סקי"ב א"א ) ’or at least ‘Boruch atoh Hashem ,(סתימת הפוסקים) ’Koton word ‘Boruch ,with a minyan, but then some left, the whole thing – (בוטשאטש סק"ב Although some allow including one koton if there is not a tenth man .8 ,and while he is including Kedushoh, may be finished. Birkas Kohanim is separate (רמ"א) or at least with no other choice (שו"ע סי' נ"ה ס"ד) we are machmir not to count a koton, so it should not be said. The chazzon should still say ‘Elokeinu ,(מ"ב סקכ"ד) holding a sefer Torah .(מ"ב סק"ו) vEilokei avoseinu’ since that pertains to Shmoneh Esrei .(מ"ב שם) even if he holds a sefer Torah, and even with no other choice 9. 13. A boy who has started his 14th year, i.e., from the first night of his 14th 19. Birkas Kohanim. If Birkas Kohanim was started with a minyan, but .(מ"ב סק"ו) even if it is unknown then some left, it may be completed ,(הסכמת רוב הפוסקים, מ"ב סקמ"ב וסי' נ"ג סקל"ג) year Kaddish after Chazoras Hashatz. Some say that the Kaddish after .20 שו"ע אה"ע סי' קנ"ה סי"ז ) whether he has the signs of a godol [two hairs since the halochos of Chazoras Hashatz is separate and if some left mid-Chazoras (רמ"א ס"ה) may be counted for a minyan ,[(וי"ח Hashatz leaving behind less than ten men, they should finish .(מ"ב סקל"א ,minyan are only derabonon (above, 2 דעת המחבר, שו"ע ) .Chazoras Hashatz, but not the following Kaddish הגרש"ז אויערבאך, אשי ) A boy is believed to say that he is a bar mitzvoh .10 This is the .(ס"ג, שע"ת סק"ה בדעתו, פמ"ג א"א סק"א, קצשו"ע סי' ט"ו ס"י .(ישראל פט"ו הע' ל' .(כף החיים סקל"ה) There is a minhag for boys to put on tefillin one or three months minhag of our Sfardi brothers .11

21. Some say that Kaddish after Chazoras Hashatz pertains to Chazoras Beginning Kaddish After Shmoneh Esrei some 37. When the chazzon says Kaddish after Shmoneh Esrei, e.g., at Ma’ariv ;(רמ"א שם) Hashatz and may be said even if some people left hold Chatzi Kaddish and Kaddish Tiskabeil after Uvo Letziyon may [or after a short Minchoh], strictly speaking, he may include someone others hold that the Rama only allowed who is still davening. I.e., it is enough to have eight answering besides ;(מ"ב סקי"ט) also be said Many poskim hold it is .(שו"ע סי' נ"ה ס"ו, ח"א, באה"ט) for the chazzon .(ערוה"ש ס"ז) Kaddish Tiskabeil, not Chatzi Kaddish after tachnun One may rely on this in a .(מ"ב שם סקל"ב) If some left after Shmoneh Esrei but before Chazoras Hashatz, in enough to have six answering .22 which case Chazoras Hashatz is not said (above, 17), although the case of tircho ditziburo, or if they are rushing to get to work. holds that Kaddish Tiskabeil is 38. Still, it is best lechatchiloh to wait for nine people who will answer (ביאה"ל ד"ה ותפלת) Mishnoh Bruroh or the ,(דרישה שם סק"א, סתימת הט"ז סק"ד) before starting Kaddish רע"א, תהילה לדוד, שו"ת אבן ) not said, others hold it may still be said .(majority of the average tzibbur (above, 34 .(ישראל ח"ט סי' ס"ג Krias Hatorah 23. Krias Hatorah is a distinct section. Thus, it may not be started Ten People in One Place even if there was a minyan for Two Rooms ,(רמ"א שם) without a minyan שו"ע סי' ) Chazoras Hashatz. 39. All ten people, including the chazzon, must be in one place They must all be in one room, and then they comprise a .(נ"ה סי"ג Nevertheless, if Krias Hatorah started with a minyan by saying ‘Boruch .24 .(מ"ב סקמ"ח) minyan even if they do not all see each other מ"ב סי ' ) atoh Hashem’ of the first brochoh [‘Borchu’ alone is not enough and then some left, Krias Hatorah should be completed 40. If some are in one room and others in another, they do not ,[(קמ"ג סק"ד with all the aliyos for that day [e.g., three during the week, combine if they do not see each other, even if there is an open (שו"ע שם) Some .(מ"ב שם) Aliyos may not be added and door or a doorway with no door between the rooms .[(מ"ב סק"ו) .four on Rosh Chodesh etc It is .(מ"ב שם) Maftir and Haftoroh are not read, but Kaddish is said afterwards. The are machmir by two rooms even if they see each other unless it is a sha’as (ביאה"ל ד"ה ולחוץ) best to be machmir lechatchiloh .(מ"ב שם) Haftoroh may be read without a brochoh .(מ"ב סקנ"ז) Minchoh hadchak 25. Ashrei. If Ashrei was started with a minyan, but some left before 41. Doorframe as a separation. Sometimes, there is one room with a doorframe dividing it in the middle. If its purpose is not to divide .(הכרעת מ"ב שם סי' נ"ה סק"ז) Kaddish, Kaddish may not be said the room in two, e.g., the beis medrash was added on to and the שו"ע ) If some left during a short Minchoh without Chazoras Hashatz .26 it could be that Kaddish Tiskabeil may be said after support columns create a doorframe, it is not considered a ,(או"ח סי' קכ"ד ס"ב .(שו"ת מנח"י ח"ד סי' ט') Shmoneh Esrei as is true by Ma’ariv (below, 29), at least according to separation ,However, if the doorframe was made to divide the room in two .42 .(הגר"ח קנייבסקי, אשי ישראל פט"ו הע' קל"ז) the Rama Ma’ariv e.g., there is a door in it which can be closed, it is considered two rooms even if the door is open and ten people must be on one side 27. If Kaddish was said with a minyan before Borchu, and then some of the doorframe, or the chazzon must stand within the doorframe, It is different than Borchu .(תהילה לדוד) left, Borchu may not be said Only the chazzon can link .(שו"ע סט"ו) in which case he links them .(מ"ב סקנ"ד) of Shacharis, which is debated by the poskim (above, 16). them, no one else 28. Birchos Krias Shema. If there was a minyan for Birchos Krias Shema 43. Once there are ten people in one place, anyone davening in an and then some left, the Mechaber holds Kaddish before Shmoneh adjacent room is considered to be davening with a minyan. All the חזו"א, ארחות רבינו ח"ג ) above was only if there are not ten in one room .(מ"ב סקכ"ב) Esrei may not be said; the Rama holds it may be said .This is the minhag of the Rebbes of Ruzhiner dynasty .(עמ' ר"ח .(רמ"א שם) Kaddish after Shmoneh Esrei should not be said 29. Shmoneh Esrei. If there was a minyan for Shmoneh Esrei and then On the Street or in a Field some left, according to the Mechaber, Kaddish Tiskabeil should not 44. When davening on the street, in a field, or any open space, ten be said afterwards; according to the Rama, it may be said. men only make a minyan if they can see each other and hear the שו"ת מנח"י ח"ב ) Calling in a Tenth Man chazzon and there is no walking path between them They also must make sure there is nothing dirty and no .(סי' מ"ד If a minyan was missing a tenth man and they got someone from .30 Some say that .(י"א בשו"ע סי' נ"ה ס"כ) outside to be able to say a matter of kedushoh, he must stay for the tzo’oh between them whole thing, but not for the next section. E.g., if they called him in to lechatchiloh none of the ten should be four amos [1.92 meters] .(שו"ת דבר יהושע ח"ה סי' ג') answer ‘Borchu,’ he does not need to stay for Chazoras Hashatz; if he away from the next one joined for Chazoras Hashatz, he must wait until after Kaddish Chuppoh .(מ"ב סי' נ"ה סקי"ב) Tiskabeil since it is part of the same section 31. Nevertheless, if the tenth man from outside said that he only has a Birkas Eirusin and Nisuin minute, the chazzon should not start Chazoras Hashatz knowing from 45. Birkas Eirusin, i.e., the brochoh that generally the mesader שו"ע אה"ע סי' ) kiddushin makes, may only be made with ten people שו"ת רב פעלים ) the outset that they will lose the minyan in the middle ”A support for this is from the posuk, “They blessed Rivkoh .(ל"ד ס"ד .(ח"א סי' ה', מו"ר בשו"ת שבט הקהתי ח"ה סי' ל"ד ערוה"ש שם ) The chosson counts as one of the ten .(ביאור הגר"א סקי"א) ?Do All Ten Need to Hear Nevertheless, if there are not ten, the brochoh may still be .(ס"י .(בית הילל שם סק"ד, ובית שמואל סק"ו) Beginning Chazoras Hashatz made 32. When the chazzon begins Chazoras Hashatz, the minyan must be 46. Birkas Nisuin, i.e., the Sheva Brochos said under the chuppoh, also with the chosson counting ,(שו"ע אה"ע סי' ס"ב ס"ד) silent, have kavonoh during the brochos, and answer amein. If nine requires a minyan If there is not a minyan, the brochos may not be .(שו"ע שם) men do not have kavonoh for the brochos, they are almost as one If the brochos were made without a .(שו"ת הרשב"א סי' אלף קס"ז) Therefore, after Shmoneh Esrei, made .(שו"ע סי' קכ"ד ס"ד) levatoloh Still, if .(חכ"א כלל קכ"ט ס"ג) lechatchiloh there should be nine men who can answer for the minyan, some say they are yotzei bedieved chazzon to be able to begin Chazoras Hashatz. there is another chasunoh, it is advisable for the chosson and kalloh 33. If there is just barely a minyan and some people are davening to stand there and have kavonoh to be yotzei with their brochos slowly, if it is a sha’as hadchak, they can rely on the opinions that Others say they are not even yotzei bedieved .(נב"י מהדו"ק סי' נ"ו) hold that even for Chazoras Hashatz, it suffices to have six .(ערוה"ש סי' ס"ב סי"ח) .(מהרי"ל הוזכר במג"א סי' נ"ה סק"ח) answering

34. However, if it is not a sha’as hadchak or if it is a regular minyan with 47. Not all ten men must stand under the chuppoh; it is enough for them more than ten people, the chazzon should not begin Chazoras to stand next to the ones under the chuppoh. If there is a separation Hashatz until there are at least nine answering, in line with the poskim between them, there is a concern that that is not considered a נחלה לישראל ) Still, it is minyan in one place, since the chuppoh is its own reshus .(שו"ע הרב ס"ז, פמ"ג משב"ז ססק"ד) who hold that that is me’akeiv Therefore, those who arrange the .(לר' יחיאל מיכל אב"ד ניזנוב, סי' כ"ב best to wait for the majority of the average tzibbur who are neither chuppoh in such a way that the guests are at a distance should make .(סידור יעב"ץ הנהגת חזרת התפילה אות א') davening quickly nor slowly 35. ‘Table-knockers’. Accordingly, those in the minyan who finish sure that there are ten men close to the actual chuppoh to be able to quickly and, thinking they are the only ones in shul, knock on the make the brochos with a minyan and so they can hear the brochos .(קונט’ 'קול אומרים' שבסוף ס' כוצד מזמנין) table to tell the chazzon to begin already while the chazzon is without the aid of a microphone

finishing his tefiloh or waiting for others to finish so he can begin properly are acting improperly and disturbing those still davening. To sponsor a publication, 36. Beginning with the chazzon. One who is waiting to begin his Shmoneh or receive the publication weekly via email, please contact us at: Esrei with the chazzon and will say it word for word with him counts as [email protected] .(הגרש"ז אויערבאך, הליכות שלמה) one of the nine or six answering

Please do not read during Davening or Who May Receive Tzedokoh | Parshas Mishpotim - Shekolim 5778 Krias Hatorah 78 When to Give Tzedokoh 10. 50 zuz. If one had capital to invest in business prospects – even 50 However, if he did not .(שו"ע שם) zuz – he could not take tzedokoh Parshas Shekolim make yearly returns of 200 zuz [400% profit! Very rare.], he was no 1. Starting Rosh Chodesh Nisson, the korbonos were bought from worse than a poor person without a year’s livelihood and he could newly-donated funds. For this purpose, the public was called upon take tzedokoh. Some say he could not take tzedokoh if he made starting from Rosh Chodesh Adar to bring their shekolim. In place 150 zuz returns – which, when added to the principal, is 200 zuz .(שו"ת חת"ס יו"ד סי' רל"ט) of this, we read the parshoh of the shekolim in Ki Siso on ‘Shabbos [300% profit] – until the following year Definition of ‘Poor’ Today .(מ"ב סי' תרפ"ה סק"ב) ’Shekolim 2. ‘Rebbi Elozor said, “When the Beis Hamikdosh stood, a man gave 11. Some say that these numbers only defined the poor in those days his shekel and received a kaporoh. Now that the Beis Hamikdosh is since even if they did not make a living the following year, they could no longer around, if they give tzedokoh, good [the eating of the take from the tamchui and kupoh, which were prevalent, as well as ,Today, however .(טור שם) if not, leket, shich’choh, pei’oh, and ma’aser oni ;[(מהרש"א) poor takes place of the ‘eating’ of the Mizbei’ach non-Jews will come and take it by force. Even so, it will be tamchui and kupoh are not very prevalent and there are many more considered for them as tzedokoh, as it says, “[That which you give expenses. Therefore, one may take tzedokoh until he has enough capital to support his household from the profit alone for a period of .(ב"ב דף ט') ”to] your oppressors will be tzedokoh This is paskened .(שו"ת שבט הלוי ח"ב סי' ק"כ) In Honor of Yom Tov time, even more than a year .(שו"ע שם ס"ב, ש"ך סי' רמ"ח סק"א, חכ"א כלל קמ"ה ס"י) It is the custom of the righteous to give tzedokoh for the Yomim in halochoh .3 The 12. The many tzedokoh organizations which exist today are not a .(ספר יראים ש"ח) Tovim as part of the mitzvoh of aliyoh l’regel mitzvoh to rejoice on Yom Tov is mainly to gladden the poor and to substitute for the existence of and requirement for the tamchui ,and kupoh of old; these organizations give out of kindheartedness .(רמב"ם פ"ו יו"ט הי"ח, מנהגים מהרי"ל הל' יו"ט) give them tzedokoh 4. Collecting for the poor. Since many people are ashamed to not obligation. openly ask for money for Yom Tov, it is customary in certain 13. Support from profit. As an example, if one’s yearly expenses are places for wise individuals to go to the wealthy to collect for $30,000, he has the status of the poor and can take tzedokoh until those of embittered soul. Fortunate are the men who oversee he has enough capital to make returns of $30,000. If he profits at a this as they create merit for themselves and everyone in their rate of 10%, he can take tzedokoh until he has $300,000. .Fixed income. This is all true for someone without a fixed income .14 .(לשון מ"ב סי' תקכ"ט סקי"ז) city שו"ת שבט הלוי ) One who has a fixed income that can support him e.g., a monthly salary or parental or governmental ,(ח"ב סי' קכ"ה ’Definition of ‘Poor Tamchui support, may not take tzedokoh even if he does not currently have .(צדקה ומשפט פ"ב אות ו' ובהערה) Once, each city had a tzedokoh fund which distributed food called a enough money for a year’s support .5 ‘tamchui’. Gabbo’im would collect bread, food, or money daily and in 15. If one’s fixed income only covers part of his expenses, he may take the evening, allocate to each poor person enough to support him for a the rest from tzedokoh or enough money to make that amount .(שם) day. Based on this, the Shulchon Oruch rules that whoever has two from his returns meals’ worth of food, i.e., enough food for a day, may not take from Avreichim With a stipend. Some say that an avreich who learns in kollel and .16 .(שו"ע יו"ד סי' רנ"ג ס"א) the tamchui Kupoh receives a regular monthly stipend which covers all his monthly 6. There was also once a fund which distributed money every erev Shabbos, expenses [not too common..] may take tzedokoh since they could giving each poor person support for a week. Therefore, whoever had a let him go any month, they are not obligated to support him, and שו"ת חלקת יעקב יו"ד ) they only pay when the rosh kollel has money .(שו"ע שם) week's worth of food did not take from the kupoh others say that if he ;(סי' קל"ז, הגר"ח קנייבסקי, דרך אמונה פ"ט סי"ג One Year’s Livelihood 7. Even one who did not take from the tamchui or kupoh qualified as actually gets the monthly stipend, he is no different than any poor and was able to receive support from individuals’ tzedokoh if he did not have one year’s livelihood. employee who can be dismissed at any time and he may not take .(תשוה"נ ח"ד סי' רט"ו) zuz. By Chazal’s estimate, 200 zuz was enough to support a tzedokoh 200 .8 person for a year. Anyone who had 199 [gematrio of ‘tzedokoh’ 17. If his stipend does not cover all of his expenses, or if he has not received his stipend in several months, he may certainly take tzedokoh ר"ש פאה פ"ח ) zuz or less per each household member [(פרישה סק"ג) and did not invest it for profit was allowed to take tzedokoh and is not required to take out a loan until his stipend comes since at (מ"ח .the moment, he is defined as a poor person .(שו"ע שם) money; anyone with 200 zuz or more was not 9. However, even one with more than 200 zuz can take tzedokoh to 18. Wife works. Even an avreich whose wife works may take a kollel especially if it helps him ,(שי' שבט הלוי כת"י מהדו"ק סי' רנ"ג ס"ב) stipend מו"ר הגרי"י בלויא, ) cover specific, occasional needs and expenses צדקה ומשפט פ"ב ס"ג .(תשוה"נ ח"א סי' תקס"ח) learn better .(

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ש"ך ) Those who toil in Torah. One should give money to those who toil in others in order to learn diligently inside the beis medrash walls .19 .(שם, שו"ת אג"מ יו"ד ח"ב סי' קט"ז, הסטייפלער, קריינא דאגרתא ח"א סי' נ"ב Torah. In general, they do not have capital to invest and make profits to survive on for a year, so one may give them tzedokoh, and certainly Those whose occupation is Torah and who are immersed in their ma’aser money, which was mainly instituted for those who toil in learning and nothing else are doing a beautiful thing. Not Occupied with Torah The gedolim strongly expressed the .(שו"ת חלקת יעקב יו"ד סי' קל"ז) Torah 31. One is not chayov to give tzedokoh to a poor person who does not importance of every city having kollelim for Torah learners supported spend his day learning Torah and can support himself with a job, skill, or business, but would rather collect tzedokoh because it is .(מו"ר כ"ק מרן גאב"ד ירושלים ע"פ אגרת של החזו"א) by its residents Nevertheless, his wife .(שו"ת מהרשד"ם יו"ד סי' קס"ו) Special Expenses easier or he is lazy .(הגריש"א) Even a person who overall has enough to support himself can and children are not at fault and must be supported .20 encounter a situation which comes with a high cost, e.g., a medical 32. However, if he looks for work unsuccessfully, has a job but does not issue, lo oleinu. He may take tzedokoh to cover these costs. receive a salary, or is involved in a new business venture which is not 21. Marrying off children. One who can cover his monthly expenses, but yielding profits, he is poor for the time being and may take tzedokoh. does not have enough money to marry off his children may take 33. One should always judge unemployed poor people favorably since since sometimes, Hashem weighs a person's body down with laziness or (שו"ת אג"מ יו"ד ח"א סי' קמ"ד ד"ה ולכן) tzedokoh for that purpose ספר מכתבי ח"ח, חלק דוגמא מדרכי אבות ) with respect to that matter, he is poor. If he does not think he will heaviness and he cannot work When it is unclear if he is able to work, it is certainly proper .(אות ע' have time to raise the money after the shidduch is made, he may .(מו"ר בשו"ת שבט הקהתי ח"ה סי' קע"ז) begin taking tzedokoh beforehand, as long as it is close to the time to give him tzedokoh for his child to get married. 22. Designated money. One who has money in the bank to marry Became Poor off his children, but does not have enough money for day-to- A Horse and a Slave day life may take tzedokoh to support himself and does not 34. It is paskened in Shulchon Oruch that the chiyuv of tzedokoh is to give the poor what they lack…even if he rode on a horse with a הגר"ח ) need to dip into the funds for his children’s marriages slave running before him when he was wealthy and he became .(קנייבסקי תשו' סוף ספר באורח צדקה אות ק"ה 23. A man received a $100,000 inheritance and put it into a fund to poor, buy him a horse and slave – each person should get his .(שו"ע סי' ר"נ ס"א) marry off his ten children, $10,000 per child. It turned out that particular needs that was not enough for his first child’s wedding. He may take 35. The poskim explain that this is for someone who was accustomed רמב"ם פ"ז מתנת עניים ) what he still needs from tzedokoh and does not need to touch to this when he was wealthy and became poor חינוך ) who lost a lot of money even if he is not technically poor ,(ה"ג .the money designated for his other children or who is poor but from a wealthy family and grew up ,(מצוה תע"ט Marrying a daughter to a talmid chochom. If one’s daughter .24 wants to marry a ben Torah who is a talmid chochom, since to with these luxuries. In all these cases, only if he is in true pain and her, that is life, but he would need to promise a dowry or potential danger without these things, especially if they are of a apartment [as per local custom..] which he cannot afford unless public nature. Otherwise, there is no chiyuv to give poor people .(מהרש"א כתובות ס"ז:, שו"ת מהרשד"ם יו"ד סי' קס"ו) he takes tzedokoh [as per local custom..], he may take luxuries If a poor person accustomed himself to luxuries, the public does .36 .(תשו' הגר"י זילברשטיין סוף ספר באורח צדקה סי' ג') tzedokoh for this Repaying Debts not need to satisfy his desires and provide him with excesses and 25. Since nowadays, one may take enough tzedokoh to enable him to luxuries since he should not have accustomed himself to such make a year’s livelihood from the returns (above, 11), one who has things in the first place. his current needs met, but owes others money and does not see 37. However, items that the average person in that place and time is how he can repay them may also take tzedokoh to help repay his used to living with may be given to the poor from tzedokoh money, e.g., food, electricity, furniture, a washing machine, a phone or .(שערי צדק פ"ה סקכ"ט ע"פ שו"ת חת"ס יו"ד סי' רל"ט) debts Yom Tov Expenses cellphone and the like, which today are basic in every house. This 26. Similarly, one who is not considered poor vis-á-vis his routine all depends on the place, time, and context. expenses but has many more expenses for Yomim Tovim may take Tomchei Yotzei England tzedokoh for his Yom Tov expenses. 38. The chessed organization, 'Tomchei Yotzei England' gives money A Few Kind Words before Yomim Tovim (3) to families of English descent who are 27. It is very important to know that one can fulfill the mitzvoh of usually ashamed to ask people for help (4), as is the nature of the tzedokoh toward anyone with just a few kind words, as the people of the country from which they hail. Many of them are not Chinuch writes: ‘The rule of the matter is that helping a fellow out, used to living meagerly (34), but have sacrificed to live a Torah life whether with money, food, other needs, or even kind and in Eretz Yisroel (19). Some of them do not have sustenance for a comforting words is included in the mitzvoh of tzedokoh and yields year and have the bona fide status of poor people (11), and some very much reward. Let my words enter your ears, as they are of them are poor with respect to Yom Tov expenses (26). Thus, it is a mitzvoh to aid and support them through Tomchei .39 .(חינוך פ' ראה מצוה תע"ט) ’…good Taking Tzedokoh Instead of Making a Living Yotzei England which grants them money for basic items (37) in honor of Yom Tov [they do not provide cars, although a white One who Learns Torah Volvo is the modern-day white horse (34)..]. 28. If one can learn all day and also do a little business to support himself, it is a midas chassidus and a gift from Hashem. He is In the zechus of donating and bringing 'joy to Your land and gladness fortunate, as he does not need other people and his Torah will stay to Your city', may we be zocheh to the rest of the tefilloh: 'the blossoming of Your servant Dovid's honor', as it is written, 'Great is הל' ת"ת פ"ג ה"י, ) with him and he satisfies the Rambam’s opinion However, one who is ill or old and cannot tzedokoh as it speeds up the days of Ben Dovid and the ge'uloh, as it .(והוזכר ברמ"א סי' רמ"ו סכ"א "שמרו משפט ועשו צדקה כי קרובה ישועתי לבוא וצדקתי להגלות" :support himself may take tzedokoh to enable himself to learn says '(ישעי'ה נ"ו) .(רמב"ם ורמ"א שם) Torah, even according to the Rambam 29. Some say that even a healthy person may lechatchiloh learn Torah All .(תשב"ץ ח"א סי' קמ"ב ואילך, רמ"א שם) and get supported by others כס"מ הל' ת"ת שם, יש"ש חולין פ"ג סי' ט', ט"ז סי' ) the poskim rule this way since otherwise, there would be no Torah in (רמ"ו סק"ז, ש"ך שם סק"כ Klal Yisroel, as not everyone can learn Torah and become wise .(יש"ש שם) while supporting himself 30. Today, many poskim agree that it is not even a midas chassidus to do this. They hold that, due to the weakness of the generation and many needs, it is better to take tzedokoh and get supported by

הגליון נתרם לזכרון צדיק יסוד עולם מורינו הגליון נתרם ע''י ידידנו האברך היקר ורבינו הגה''צ ר' ב''ר הר''ר אב''י לונדון סג''ל זצוק''ל ראש ישיבת מנשסטר לרגל לידת בנו שיחי' שיזכו להכניסו בבריתו של יצאה נשמתו הטהורה יום כ''ב שבט תשנ''ג א''א ולגדלו לתורה לחופה ולמעש''ט לראות נחת הונצח ע''י הר''ר דקדושה מכל יוצאי חלציו במנוחת הנפש

Please do not read during Davening or Non-Jew in a Yid's House | Parshas Balak 5778 Krias Hatorah 98 Yichud Jewish Man with Non-Jewish Woman 1. Although we previously covered the halochos of yichud in depth 12. A man may not seclude himself with a non-Jewish woman (above, (Issue 25), we will reiterate the halochos relevant to our topic to get a 3). Thus, if there is a female housekeeper, the husband and boys complete picture and because of the importance and gravity of the over bar mitzvoh age must be careful about yichud. A man does issue. [Someone related to me that an individual who had to hire a not have a heter if his wife is merely in town; she must be in the even in a different room, or at least in ,(שו"ע סי' כ"ב ס"ג) non-Jewish caregiver for his mother-in-law asked my Rebbi, Rav same house Yaakov Blau, about the relevant halochos. Rav Blau gave him the same courtyard or building albeit in a different apartment. .(דבר הלכה סי' ו' ס"ב) practical guidance for different halochos and then said that the main Otherwise, there is no heter A man must make sure he has one of the above heteirim, e.g., a .13 [.(מפי הר"ר ש"ח סאלאבייציק) thing is to be careful about hilchos yichud Yichud with a Non-Jew door which is open to the reshus horabim assuming he is not 2. Just as there is an issur of yichud between a Jewish man and woman, a familiar with her, or a situation of 'yotzei venichnas'; if he does not know when his wife or other members of the household will return שו"ע אהע"ז ) Jewish woman may not be secluded with a non-Jewish man .Some say that in most cases, the issur is de'oraiso even for and they could do so at any time, it is mutar .(סי' כ"ב ס"ג Halochos Regarding Yayin Nesech .(שו"ת חת"ס יו"ד סי' ע"ו ד"ה ועוד, תורת היחוד פ"א ס"ו) an unmarried girl 3. Also, a Jewish man may not be secluded with a non-Jewish woman Yayin Nesech When a non-Jew is in a Jew’s house, many shailos arise about wine .14 .(שו"ת ריב"ש סי' ו' הובא בפתח"ת אהע"ז סי' ט"ז סק"א) miderabonon (שם ס"ב) Jewish Woman with Non-Jewish Man in the house, especially open bottles of wine in the refrigerator. To 4. Husband in town. A woman whose husband is in town and can that end, we will set forth several principles about these halochos. Yayin nesech. It is ossur mide’oraiso to drink or benefit from wine .15 שו"ת אמרי ) come home at any time – even if it is unlikely that he will משנה ע"ז ) does not have an issur yichud, even with a which was known to have been poured for avodoh zoroh – (יושר ח"ב סי' ט' אות ח' Since it is ossur behano’oh, one may not sell it to a non-Jew or .(כ"ט: especially in a house in an area with ,(דבר הלכה סי' ז' סי"ד) non-Jew even give it to a non-Jew, since that would benefit him by causing .(חזו"א אהע"ז סי' ל"ה אות ב') many Jews who will hear if she screams 5. Door which is open to reshus horabim. A woman whose husband the non-Jew to feel indebted to him [‘tovas hano’oh’]. is not in town must rely on another heter – opening the door of the 16. Idol worshipers’ stam yeinom. Wine of an idol-worshiping non-Jew house to the reshus horabim or other place where there are is ossur miderabonon to drink or benefit from since it may have .been poured for avodoh zoroh, even if it is not known that it was .(שו"ת בנין ציון סי' קל"ח) passersby, e.g., a stairwell 6. The 'open door' heter only allows a woman to be alone with a man Some say the gezeiroh is out of fear that Jews may end up marrying in a spot that can be seen by someone standing next to the door non-Jews and Chazal added the unlikely concern the wine was others say the main concern is ;(רמב"ן שם) which is open to the reshus horabim; it does not help for an inner poured for avodoh zoroh room or higher floor since people from outside will not go to those that it may have been poured for avodoh zoroh which would Thus, if a technician comes to fix create an issur hano’oh just like real yayin nesech. Although one .(דבר הלכה סי' ג' סע' ז' וח') areas something in an inner room, the 'open door' heter does not apply. may not drink a non-Jew’s wine even if there is no fear it was 7. 'Libo gas boh'. A woman frequently interacts with her non-Jewish poured for avodoh zoroh due to the concern of intermarriage, one רמב"ם פי"א מאכ"א ג' ד' ) may benefit from it like bishul and pas akum .(דבר הלכה סי' ז' סי"ח) hired help, enabling a familiarity to be formed .(יו"ד סי' קכ"ד ס"ו) This is the Shulchon Oruch’s psak .(ז' In such a case, the issur of yichud would apply even if her husband There is a machlokes if the open door Non-Jews’ Stam Yeinom .(שו"ע סי' כ"ב ס"ח) is in town heter works under these circumstances; one should only be meikel 17. Avodoh zoroh religion. Today, many non-Jews, e.g., Christians, do not strictly do avodoh zoroh. Still, a non-Jew who is part of an .(ע' מש"כ גליון ח"ח 25 אות ל') in a pressing situation 8. People coming in and out ['yotzei venichnas']. If the two are afraid avodoh zoroh religion causes wine he touches to become ossur that people may come to their place of seclusion without warning, e.g., even if he does not personally do avodoh zoroh. Some say wine he ;(סתימת השו"ע קכ"ג ס"א, ט"ז שם סק"א) other members of the household or neighbors, it is not considered a touches is also ossur behano’oh One may rely on this .(טור שם, רש"י) It does not need to be that someone others say it is mutar behano’oh .(שו"ת בנין ציון שם) place of yichud .(רמ"א שם) will definitely enter; as long as this fear or possibility exists, it is mutar. opinion if he will otherwise incur a great loss 18. No connection to avodoh zoroh. Atheists or members of a non- 9. Even if the door is locked, if someone has a key and can enter, it is avodoh zoroh religion, such as Muslims, cause wine they touch to unless there is a key in the inside of ,(דבר הלכה סי' ג' הע' י"א) mutar .(שו"ע סי' קכ"ד ס"ו) become ossur to drink but not behano’oh the door preventing entry, or the door is locked from the inside Mevushal Wine If they know with certainty that no one will 19. Mevushal wine that was boiled over a fire does not become ossur .(משמרת היחוד פ"ו הע' כ"ג) The reason is that .(שו"ע סי' קכ"ג ס"ג) come, e.g., if they are far from the house or at work and there is no through a non-Jew’s contact chance of anyone intruding, it is ossur. cooking wine lowers its quality; people do not gather together to 10. Thus, if a woman is home and a worker must come, if there is no drink inferior wine, removing the concern of intermarriage, and other heter of yichud, she can give a key to a neighbor and ask inferior wine is not poured for avodoh zoroh. them to enter without warning to the inner area where the worker 20. Level of cooking. Some say to remove the issur of yayin nesech, the is working [if there is no issur of yichud for that neighbor] during wine must be cooked to the degree of yad soledes bo which we the time that the worker will be in the house. find by Shabbos [between 45-82˚C, or 113-179.6˚F, depending on others say it must be cooked until it ;(ביאור הגר"א סק"ז) [Therefore, if a woman's husband is not in town, or even if he is in the opinion .11 This itself is a subject of dispute .(ש"ך סק"ז) town, but she has a familiarity with this man or the circumstances diminishes in quantity do not allow the open door heter, she can do the above to create a among contemporary poskim: some say it must be greatly situation of yotzei venichnas. diminished by cooking, i.e., cooked to its boiling point [100˚C, or Cleaned the refrigerator. Thus, if a woman asks her housekeeper .34 ;(תשוה"נ ח"ב סי' ת"א) F], and the Shach is arguing with the Gra˚212 others say it needs to only be slightly diminished, which can be to clean the refrigerator and, in doing so, the housekeeper moved a bottle of wine to the counter and returned it after the job, even if it שו"ת ) interpreted in line with the Gra, that yad soledes bo suffices .(מו"ר כ"ק מרן גאב"ד ירושלים) and we use the chomur measure that it is 71˚C, or was open, it does not become ossur ,(אג"מ ח"ג סי' ל"א .(שו"ת אג"מ ח"ד סי' ע"ד אות ג') F˚159.8 21. Pasteurization. Many wines today undergo a process called flash Non-Jewish Housekeeper in the Kitchen pasteurization. The wine is heated up very quickly to about 79˚C to kill Leaving a Non-Jew in the House with Food bacteria, and then quickly cooled to preserve its quality. Some poskim 35. If one left a non-Jew alone in his house, he may still eat food that was hold this gives it mevushal status and it is not subject to yayin nesech since around and does not have to be afraid the non-Jew swapped his food with something ossur to cause him to transgress, unless the non-Jew .(שו"ת אג"מ הנ"ל, שו"ת מנח"י ח"ז סי' ס"א) it was cooked to yad soledes bo This even applies .(שו"ע יו"ד סי' קי"ח ס"י) However, many poskim hold the whole heter of the poskim who held would benefit from swapping it .22 yad soledes bo suffices was only if at least some wine was lost; when to meat in a Jew's house, even if it was not sealed, again, provided wine is pasteurized in a totally sealed system, not a drop is lost, the the non-Jew would not benefit from exchanging it. quality does not decrease, and people can barely detect a difference. 36. Coming in and out. Even in a scenario where a non-Jew would benefit from the switch, one may leave unsealed food in his house הגרשז"א, שו"ת ) Thus, it would not have the heter of mevushal wine if he will be coming in and out (see below, 38) since the non-Jew is .(מנחת שלמה ח"א סי' כ"ה, הגריש"א, קובץ תשובות ח"א סי' ע"ה 23. Bottom line. Most kashrus organizations which certify wine allow afraid to switch the food since he knows the Jew may come in and A .(ש"ך סקל"ב) One may rely on this lechatchiloh .(שו"ע שם) pasteurization to give it mevushal status. Thus, when a wine's label says it catch him .(ש"ך סקל"ג) is mevushal, in general it means it was pasteurized, not actually cooked. cognizant koton can be the one coming in and out Many are meikel and hold that this avoids yayin nesech issues. When the Leaving a Housekeeper in the House with Dishes Eidoh Hachareidis relies on pasteurization, they write explicitly, 37. One should not leave a non-Jewish housekeeper alone in the house with dishes out of fear she may use them to cook treif or the like 'Mevushal through pasteurization'; they only write 'Mevushal' alone if the .as well as out of concern of bli'os of bishul akum ,(שו"ע סי' קי"ח סי"ב) .(רמ"א שם) wine was actually cooked. This allows those who are machmir on If he will be coming in and out, there is no problem pasteurization to be careful about yayin nesech of pasteurized wine. Coming in and Out ['Yotzei Venichnas'] 24. Today. Currently, many types of choice wines with mehudar hechsherim 38. One is deemed 'coming in and out' if he remains outside for the amount of .(ביאור הגר"א סי' קכ"ט סק"ב) are not mevushal at all. Accordingly, one must make sure to keep them time it takes to walk a mil, or 18 minutes away from potential contact with non-Jews, as will be explained. Remaining out longer is considered a prolonged interval ['zman merubeh']. Closed Bottle. 39. If one was out for a prolonged interval, but did not inform the non- Jew that he would be out for a while, the dishes or food are mutar שו"ע יו"ד סי' ) Wine in the hands of a non-Jew must have two seals .25 since we are concerned he may pour it to avodoh zoroh bedieved even if they were unsealed since the non-Jew would still (קי"ח ס"א Nowadays that non-Jews do be afraid to use them or switch them since there is a chance the .(רש"י ע"ז ל"ט) and duplicate one seal .(שו''ע שם ס''י, ש''ך סקל''ב) not pour wine to avodoh zoroh, some say one seal suffices Jew will come back unexpectedly others say it still needs a 40. Housekeeper around all day. Some write that since housekeepers ;(ט"ז שם סק"ד, ערוה"ש סקי"ג) lechatchiloh Bedieved one may today usually bring their own food from outside and do not cook .(ישועות יעקב סק"ד, ערך שי ריש סי' קי"ח) double seal for themselves in their employer's house, there is not such a .(רמ"א שם) rely on a single seal 26. So long as the bottle is closed with a double seal, a non-Jew's concern they will cook for themselves and one may rely on this .(מו"ר בשו"ת שבט הקהתי ח"ו סי' רפ"א) even if there is heter lechatchiloh ,(שו"ע סי' קי"ח ס"א) contact does not create an issue no Jew present. Once the bottle was opened, one must make sure 41. Going out for a long time. Therefore, if one must go out for a long a non-Jew does not touch it if there is no Jew right there. Thus, if time leaving the non-Jew alone in the house, he should tell her, there is a non-Jew in the house and there is no heter of a Jew "I'm going out, but I'll be back in a bit." If he needs to tell her to do something in a few hours, he can add, "If there is an emergency present, or at least coming in and out (below, 38), lechatchiloh the and I'm not back within three hours, please do such and such." wine should remain sealed with at least one seal. One can put tape 42. Live-in. One who employs a live-in housekeeper and must leave the house over the cork in a way that it will be evident if it was opened. for several days leaving her alone in the house, he should be machmir and .(שו"ע סי' קי"ח סי"ב) Covered wine in front of a Jew. If a Jew is watching the non-Jew consider dishes that she may have used ossur .27 handling the wine, as long as there is some sort of cover on it – 43. Some write that if there is only a concern she used some of the dishes, even if it is not actually sealed – there is no issue of yayin nesech just it is unknown which ones, they are boteil berov and mutar. Although they are 'devorim sheyeish lohem matirim', which are not שו"ע ) since that is not the normal way to pour wine to avodoh zoroh since there are expenses ,(שו"ע סי' ק"ב) even boteil in one thousand .(יו"ד סי' קכ"ה ס"ט, ש"ך סקי"ז Still, one .(רמ"א שם ס"ג) Screw cap. A bottle of wine sealed with a screw cap attached to a involved in hag'oloh, they are boteil berov .28 and ,(ש"ך סק"ח) ring is mutar as long as it was not opened as if it had a double seal. should wait 24 hours so that they are not benei yomon .(אהל יעקב בירור הלכה סוף יו"ד סי' קי"ח סק"ו) Still, for extra precaution, the cap is generally covered with plastic then they are all mutar shrink wrap which constitutes another seal. Directing a Housekeeper 29. Cork. A cork covered with a sleeve that must be torn to open it has 44. When one hires a new housekeeper, it is always advisable in the the status of a double seal. After the cork is opened, it does not beginning to give various instructions about working in a Jewish even constitute one seal, even when inserted into the bottle. home, e.g., never to touch wine, never to cook anything, to only What Sort of Handling Assers the Wine? wash dishes which are in the sink so that the milchige and fleishige 30. Open wine. The following halochos only apply when a non-Jew handles dishes do not get mixed up, etc. This will cause her to be scared to completely open wine. If the wine has any sort of cover or cap and a disobey their instructions [just do not give her this week's Chukai Chaim issue as her instructions since one may not teach Torah to a Jew is present, all sorts of handling of the wine are mutar (above, 27). .[(חגיגה י"ג ע"א, מנ"ח מצוה רל"ב, שו"ת אג"מ יו"ד ח"ג סי' פ"ט)..non-Jew 31. Lifted the bottle. If a non-Jew merely lifted an open bottle of wine Tznius without shaking or spilling it at all and without touching the wine 45. One should make sure that their housekeeper is dressed modestly so that .they do not compromise the kedushoh of their house and family ch"v .(שו"ע סי' קכ"ד סי"ח) itself, the wine is not ossur 32. Shook without lifting. Some say if a non-Jew shook an open bottle 46. As of late, special uniformed robes for housekeepers to wear while others say it they are working in the home are available for purchase, called ;(שו"ע סי"ז) of wine in place without lifting it, it is ossur It is advisable to purchase them .'עוזרת בכבוד – is not ossur. Thus, one need not be machmir if he will incur a loss 'Maid of Honor If he lifted the bottle and deliberately shook it, it is ossur. and explain to the housekeeper that you want to honor her with .(רמ"א שם) 33. Moved it. Moving an open bottle of wine from one place to clothing of dignity.

another is considered indirect contact. The Shulchon Oruch holds if !the Rama is Great News ;(שו"ע שם סכ"ד) a non-Jew does this, the wine is ossur meikel on non-Jews who do not do avodoh zoroh, who constitute We are in the midst of preparing most non-Jews today. Therefore, even if he moved it to another a booklet of all place and the wine moved within the bottle somewhat, the wine is English Gilyonos printed to date, Modest Home-help clothing .(דגול מרבבה, רע"א, חזו"א סי' מ"ט סק"ז) not ossur with a detailed .index גליון זה נתרם ע''י ידידנו הנגיד הרה''ח ר' הי''ו For Dedications or מחשובי תושבי מעלבורן לרגל נישואי בתו שתחי' עוזרת בכבוד Maidofhonor613 info, contact @gmail.com עב''ג החתן נ''י לשמור על קדושת הבית paskenshtibel בן הרה''ח ר' הי''ו ונכד ידידנו החשוב הרה''ח ביגוד צנוע לעוזרת בבית [email protected] 02-538 9562 ר' הי''ו לונדון