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Living the Halachic Process Volume IV Living the Halachic Process Volume IV LIVING THE HALACHIC PROCESS QUESTIONS AND ANSWERS FOR THE MODERN JEW Volume IV Answer to Queries sent to the ERETZ HEMDAH INSTITUTE Headed by Rabbi Yosef Carmel Rabbi Moshe Ehrenreich by Rabbi Daniel Mann Living the Halachic Process, Vol. IV Eretz Hemdah Institute © Eretz Hemdah Institute 2017 Additional copies of this book and companion source sheets for the questions in the book are available at Eretz Hemdah: 2 Brurya St. P.O.B 8178 Jerusalem 9108101 Isrel (972-2) 537-1485 fax (972-2) 537-9626 [email protected] www.eretzhemdah.org EDITOR: Rabbi Dr. Jonah Mann COPY EDITOR: Meira Mintz TYPESETTING & BOOK DESIGN: Rut Saadon COVER DESIGN: Rut Saadon הו"ל בהשתתפות המשרד לענייני דתות All rights reserved. However, since the purpose of this publication is educational, the copyright holder permits the limited reproduction of sections of this book for non-commercial educational purposes. ISBN 978-965-436-031-9, hardcover Printed in Israel לע"נ אשת חיל עטרת בעלה אמא וסבתא למופת רבת חסד ועשיה מרת סוזי )שרה( ונגרובסקי ע"ה רבות בנות עשו חיל ואת עלית על כלנה נלב"ע י בתמוז תשע"ד Dedicated to the memory of Leah and Rabbi Jacob Mann הרב יעקב ולאה מן ז"ל Quincy, Mass. Miriam and Abraham Roseman אברהם אייזיק ומרים רוזמן ז"ל Kew Gardens Hills, New York To Rav Mann, A genuine talmid chacham who is marbitz torah to an entire generation. More importantly to a person who I call a true friend. May you continue to educate us all Ad Meah V'esrim Shana Alan and Barbara Weichselbaum In Honor of Rabbi Daniel Mann from the families of Roger & Rebecca Fine Milltown, New Jersey & Rabbi David and Dr. Julie Fine Modiin, Israel לכבוד הרב יוסף ופרופ' ליילה ברונר אריכות ימים ושנים בבריאות בזכות לימוד התורה וולטר ואסתר פיינבלום In Memory of our Beloved Parents Leonard and Molly Naider Joseph and Belle Serle May your memories serve as a blessing for your family and Klal Yisrael. Your children, grandchildren and great-grandchildren all miss you very much. Anita and Fred Naider We dedicate this book in honor of THE SOLDIERS OF THE STATE OF ISRAEL Eric and Gale Rothner לעילוי נשמת יצחק אייזיק בן יהודה לייב ע"ה – Irwin Usdan התמסרותו למידת הישרות וההגינות ברוח התורה עברה כחוט השני במסכת חייו. מידותיו התרומיות ומעלותיו גדשו את חייו הצנועים כאיש עסקים. שמו הטוב הלך לפניו כאיש ישר בעל מוסר עבודה גבוה. נעימות הליכותיו ודיבורו בנחת עם הבריות היו נודעים לכל. היווה בחייו דוגמא חיה וזוהרת למשמעותה המלאה של קבלת אחריות כלפי הציבור וכלפי המשפחה. חי חיים צנועים בכדי לאפשר את קיומם של חיי תורה ומצוות באמריקה. היה "עשיר" גדול על פי קנה המידה האמיתי שקבעו חז"ל במסכת אבות – "השמח בחלקו". הקדשת ספר זה לעילוי נשמתו יש בה הצדעה לאהבתו הגדולה ללימוד התורה והשתתפות בשיעור תורה, וחגיגת הערך העליון ממנו שאב נחת רוח של ממש – הזכות לראות בחייו את ילדיו לומדים בישיבות ואת נכדיו ממשיכים את דרך התורה והמצוות אשר התווה להם. נפטר בפתאומיות בטרם עת בגיל 62. אמנם לא זכה לאריכות שנים, אך זכה בהחלט לאריכות ימים – באשר כל ימיו היו מלאים בתורה ודרך ארץ. "סֹוף ּדָ בָר הַּכֹול נִׁש ְמָע אֶתהָאֱֹלהִים יְָרא וְאֶת מִצְוֹותָיו ׁשְמֹור ּכִי זֶה ּכָל הָאָדָ ם" )קהלת יב, יג( הוקדש על ידי חיה דבורה וצבי אהרן יוזדן Foreword וארבעה“ :We find in the words of the wisest man to live … the fourth goes the best) ”מטיבי לכת ... והמה חכמים מחכמים and they are fully developed in their wisdom) (Mishlei 30). As we publish the fourth volume of Living the Halachic Process, our heart is filled with joy. Our Rabbis greatly praised one who is involved in Torah study and especially one who does so with great regularity and continued intensity. A fourth volume represents a further marker on the long path of Eretz Hemdah’s responsa projects. The Eretz Hemdah Institute, founded by our leader, HaGaon HaRav Shaul Yisraeli, z.t.l., has served for thirty years as a trusted address for people seeking Torah and Halacha from the scholars of the Land of Israel. This and previous volumes join the nine volumes of the Hebrew-language BeMareh HaBazak Responsa, the latter being primarily for the use of rabbis and rabbinical courts throughout the Jewish world. This current volume gives a glimpse of the work of our Ask the Rabbi service, for the broad public, which we run in conjunction with the OU. Rabbi Dayan Daniel Mann, one of Eretz Hemdah’s first graduates and a pillar of our Eretz Hemdah rabbinical staff for many years, is one of the leading members of the Ask the Rabbi service. He is not afraid to “go on long expeditions along the paths of Torah” and produces well-balanced halachic rulings. Rabbi Mann clarifies every question from several perspectives and considers additional halachic considerations that influence the final ruling. Every response includes Talmudic sources, as well as those of the Rishonim and the Acharonim. It also has a clear conclusion that is based on an understanding of the present-day realities, in a modern and fast-changing world. Each answer is presented in a manner that a layman without a yeshiva background or deep understanding of the intricacies of Halacha can understand. This gives the reader the feeling that he can connect to Torah and to a life of adherence to Halacha. Rabbi Mann’s work has greatly xiii LIVING THE HALACHIC PROCESS contributed to building the halachic approach of Eretz Hemdah. This approach is characterized by deep and broad Torah study, along with a broad perspective and sensitivity to the spiritual needs or every Jew in every situation and every place. It is an approach of “its ways are ways of pleasantness” and “the power of the lenient ruling is greater,” while not compromising one bit on the integrity of Halacha. We pray to HaShem that this approach will bring more Jews to value and enjoy Torah and ultimately cause them to more fully follow a life of Torah and mitzvot. In this way, people will say about one who follows this approach: “Fortunate are his parents.” We take this opportunity to wish well to Rabbi Mann’s parents, Rabbi Dr. Jonah and Mrs. Tirtza Mann, who are partners in the publication of this book in several ways. May they have many years of nachas, good health, and service of HaShem with happiness. To Rabbi Daniel Mann himself, we wish a large portion of nachas from all the members of his family: his children, their spouses, and the grandchildren, many more years of service of HaShem with happiness along with his special wife, Natanya, who is a real partner in all of his endeavors. We pray that we will merit to produce many more Torah scholars, who walk well along the correct path and embark upon “long and difficult journeys and reach their destinations.” May they be Torah scholars, whether halachic decisors, yeshiva heads, or rabbinical court judges, who cling to HaShem, Who is “Good and the Doer of Good.” May they sanctify the Divine Name and טוב לי“ demonstrate, with their “gait and mode of living,” that The Torah of Your mouth is better) ”תורת פיך מאלפי זהב וכסף than thousands of gold and silver coins) (Tehillim 119:72). With Torah blessings, HaRav Moshe Ehrenreich HaRav Yosef Carmel Deans of the Eretz Hemdah Institute xiv Preface The questions and answers found in this volume are taken from the files of our responsa service and our weekly parasha sheets from the years 5766-5771 (2006-11). A lot has changed in the world since then, including the world of Halacha. Therefore, in preparing the “old” responses for publication as a “new” book, I did not things for granted. Not only did I review all the sources and rethink the logic, but I considered the possibility that the societal basis might have changed in certain cases, as well. For example, in response G-8, we pointed out that the status of the dollar in Israel has undergone a change since the original answer was written. In the prefaces of the earlier volumes of Living the Halachic Process, we spelled out much of the background behind the book: the internet Ask the Rabbi service, the halachic philosophy of Eretz Hemdah, and the challenge of rendering halachic rulings in the impersonal forum of the Internet. With Divine Assistance, we have been sharing our rulings to rabbis (in Hebrew, in the BeMareh HaBazak series) on a broad spectrum of issues with the public for well over two decades. For some seventeen years, we have been sharing our answers in English to questions from the general public in the weekly publications “Hemdat Yamim” and “Torah Tidbits” (they now also appear in other forums and even in another language). As we prepare to present the questions and answers that comprise this fourth volume in book form, we will not go into long explanations but will rely on the familiarity of much of our readership with our work. We will just update some small things that have changed in recent years. New resources have also become available to help us answer the questions. The increasing usage of internet searches for information, which applies to this researcher/writer as well as many others, has been impactful in a few ways. On one simple level, there is now broader access to a variety of contemporary xv LIVING THE HALACHIC PROCESS rabbinic opinions on halachic issues of the day (as well as classical ones, for which we have had good access for decades). This includes “breaking issues,” which have not had the chance to make it into published sefarim.
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