Category Archives: Archives 5771

halacha

Tammuz 5771 – But Everybody’s Talking About It!!

But Everybody's Talking About It!! Tammuz 5771
But Everybody’s Talking About It!!
by Rabbi Moshe Rosenstein

 

With Rosh Chodesh Tamuz here and the summer in full swing, we know that the time of Bein Hametzarim is at hand. As we know, beginning on Shiva Asar BiTamuz Klal Yisroel enters into a period of collective mourning. And we also know that this is a time for focusing our efforts on rectifying the sins that caused the destruction of the Beis HaMikdash – the halachos Bein Adam Lichaveiro, and specifically, Lashon Hora. It would be a good time to review some of the known, and less well-known halachos of this halacha that is so central to our Bein Adam LiChaveiro growth.

Isn’t it Common Knowledge?

Many times people assume that Loshon Hora that is already known is permissible to repeat. It is true that if someone spoke Loshon Hora about another person in a “public” setting, there are times when repeating that Loshon Hora will not be a assur. However, there are many details and criteria that must be met for this to be permissible. While we will discuss the laws that pertain to this, it is vital to point at first that due to the complexity of the parameters that govern this exception, one should exercise great caution before relying on this. When possible, one should abstain altogether from speaking, even if all the criteria below are met.

The Halachic Background

The general rule we will discuss relates to the permissibility of repeating Loshon Hora that was originally said in front of at least three people. This concept is known as Loshon Hora that was said “bi’apei tlosa,” in front of three. The underlying concept is that since the original Loshon Hora was related in such a way that makes it inevitable that it will be publicized, there is no prohibition in repeating it to someone else. We can assume that the person now hearing it would have heard it anyway.

There are two aspects of the Lashon Hora that may permit one to repeat it:

· The way in which the original Loshon Hora was said

· The way in which the Loshon Hora is later repeated to others

We will look at each of these separately.

The Way in Which the Original Loshon Hora was Said

The original Loshon Hora had to have been said in front of three people. The original speaker of this Loshon Hora is unquestionably in violation of the prohibition against speaking Loshon Hora, and his sin is compounded by the fact that he said what he said in front of more people. There is no dispensation whatsoever to speak Loshon Hora in front of three people. The laws discussed below pertain only to the repetition of the Loshon Hora already spoken in violation of the halacha.

There are three parameters that must be met regarding the situation in which the Loshon Hora was said to the original three people:

1 – Three people had to have heard the Loshon Hora.

Even if two people spoke the same Loshon Hora to two other people, in each other’s presence, this does not work. There must be three people listening, independent of any of the speakers of this Loshon Hora for this rule to apply.

2 – The three people hearing the original Loshon Hora are the type of people who would repeat this information to others.

Because this dispensation “relies” on the fact that the original three listeners to the Loshon Hora will spread this around, if there is any reason for us to believe that any of the original three listeners will not in fact repeat this, there is no longer any dispensation. If there were only three listeners in the original group, if even one of the three would not repeat the Loshon Hora, then it is not permissible for any of them to repeat it. There are several examples of people who we must assume would not repeat the Loshon Hora:

1 – Family members of the one whom the Loshon Hora is being spoken about.

2 – Friends of the one whom the Loshon Hora is being spoken about.

3 – Generally G-d fearing people for whom it is not the norm to spread gossip.

If even one of the three listeners is from one of the groups above, it is not permissible for any of the others to repeat the Loshon Hora. If, however, the original group was more than three people, even if family or friends were present, as long as there are three listeners who would feasibly repeat what they had heard (i.e. the other listeners are not in the above categories), this dispensation would still apply.

3 – The original speaker of the Loshon Hora did not specify to the three listeners that he did not want this Loshon Hora repeated.

If the original speaker of the Loshon Hora explained to the listeners that he did not want his gossip to be repeated to others, even if the listeners under other circumstances would be the type to repeat what they had heard, because he asked them not to repeat it, we must assume that they will honor his request. We therefore can no longer rely on the assumption that three people will be spreading this Loshon Hora. Therefore, it is not permissible for any of them to do so.

The Way in Which the Loshon Hora is Repeated by the Listeners

Once three people have heard Loshon Hora spoken regarding another person, under certain circumstances it will be permissible for them to repeat what they had heard. However, under no circumstances are they permitted to believe what they heard – what was spoken was pure Loshon Hora and is fully subject to the prohibition of believing Loshon Hora.

There are five parameters that must be met regarding how and when this Loshon Hora is repeated:

1 – It is not permissible to repeat this Loshon Hora with the intent to spread the word further. It is only permissible to mention in a “tangential” fashion.

This would include mentioning this Loshon Hora as an anecdote as it pertains to a topic being discussed or using it to illustrate a point. However, to simply repeat what was heard for the sake of informing others who have not yet heard this Loshon Hora is forbidden and not subject to this heter.

2 – It is only permissible for the original three listeners to repeat what they had heard.

Someone who only heard this Loshon Hora from one of the original three is not included in this heter. Only the original three who actually heard the Loshon Hora being said can repeat it. If the original listener, however, repeated the Loshon Hora in front of another three people, they now have the status of three that heard Loshon Hora and be subject to the rules discussed here.

3 – It is not permissible to add even one word to the original Loshon Hora that was said.

Since the entire premise of this halacha is based on the idea that this Loshon Hora will inevitably be spread, this can only be the case if the exact Loshon Hora is repeated as heard. If even one word is added, this becomes new Loshon Hora and is therefore not subject to this dispensation. There are several applications of this rule:

Any intonation or gesturing that was not part of the originally spoken Loshon Hora is prohibited.

Any commentary offered on the part of the one repeating the Loshon Hora is prohibited.

Repeating the Loshon Hora in a context where there is an implication of negativity that was not part of the original statement made.

In addition, by one adding his own commentary or “spin” on the original Loshon Hora, he is clearly indicating that he has accepted the original Loshon Hora and believes it.

4 – It is only permissible to repeat the Loshon Hora somewhere that this information could feasibly spread.

If the original Loshon Hora was said in a certain town or location, one may not repeat it in a different locale that does not normally hear the news and gossip from the town where the Loshon Hora was spoken. In our times where it is the norm for people from all around the world to talk with each other, it is difficult to give this rule strictly geographical limitations. Rather, the Loshon Hora can only be repeated to people that the original three listeners have a line of communication with and can readily assume the word will spread to.

An exception to this rule is when the matter being discussed is of a nature that it is normal for it to spread beyond geographical or social boundaries. If the original Loshon Hora pertained to something so out of the ordinary or so egregious, it is considered to be the norm for it spread more than “ordinary” gossip would spread. In such a case it can be assumed that this gossip would extend its reach farther than usual.

5 – If the new listener is the type of person who will believe the Loshon Hora to be true, it is not permissible to repeat it.

As mentioned above, it is not permissible for the original three listeners to believe what they heard. What was spoken was true Loshon Hora and is therefore subject to the prohibition of believing Lashon Hora. Therefore it is not permissible for them to repeat this Loshon Hora – even if all the above parameters are met – if they are saying it in the presence of someone who will believe it to be true.

 

halacha

Av 5771 – The One Day A Year We Avoid Shalom…?

The One Day A Year We Avoid Shalom...? Av 5771
The One Day A Year We Avoid Shalom…?
by Rabbi Moshe Rosenstein

 

Perhaps the most difficult halacha to remember on the day of Tisha B’Av is the rule that we are not allowed to greet others throughout the day. For most of, saying, “Hi, how are you?” is so natural and habitual that it is almost like second nature when meeting an acquaintance or friend. At the same time, the constant stopping of oneself from such a normal action serves as a powerful reminder of the tone of the day. Even though this is the time of the year that we actively work on our bein adam lichaveiro and interpersonal interactions, the mourning of the day transcends these niceties and requires us to conduct ourselves as mourners. I wanted to briefly examine some of the halachos of the prohibition of “she’eilas Shalom” on Tisha B’Av.

– The Shulchan Aruch writes that on this day, one is prohibited from offering a greeting of “Shalom” to anyone else. The Mishna Berura includes saying “good morning” or the like.

– The later poskim explain that this includes any type of normal greeting or salutation, like “hello” or “how are you?” or any other form of accepted greeting phrase.

– Even greeting someone with a nod of the head, or other form of acknowledgement, is prohibited.

– When one answers the phone on Tisha B’Av, one should not say “hello.” One may answer by saying, “Rosenstein family,” or “Moshe speaking,” or something of that nature. [It is a good idea to substitute your name in the phrase, however, so people won’t get confused.]

– If someone who is not aware of the halacha opens with a greeting, it is permissible to answer, so as not to be rude. However, one should answer in a subdued fashion.

– The Mishna Berura writes that giving a gift on Tisha B’Av is also prohibited, as it is also a form of wishing a person well in this way.

– Rav Shlomo Zalman Auerbach zt”l held that one is allowed to genuinely ask how someone else is doing or feeling on Tisha B’Av. Meaning, saying “how are you?” as a greeting is prohibited, as it has more or less become an accepted greeting statement, but asking someone how they are, not as a greeting, is permissible.

– These halachos apply throughout the day of Tisha B’Av, until after the time the fast ends. [Incidentally, as there is sometimes confusion regarding this, the only halacha that changes at chatzot hayom, midday, is the requirement to sit on a low stool. After midday, one is allowed to sit on a regular seat or chair. All other halachos of the day – eating, drinking, washing, shoes, marital relations and saying hello – apply throughout the day.]

I will end with a tefillah to Hashem that we should not have to know these halachos this year, and Hashem should bring us all home and end our individual and collective tzaros once and for all, together with the rest of Klal Yisroel, amen!

 

Kislev 5771 – Chanukah Timing Tips

Chanukah Timing Tips Kislev 5771
Chanukah Timing Tips
by Rabbi Moshe Rosenstein

 

It is hard to believe that Chanukah is almost here.  As we look forward to this time filled with simcha and chizuk, as well as get togethers with family and friends, I thought it would be a good time to go over some of the common, but sometimes overlooked, halachos that come up over Chanukah.

The Proper Time to Light Candles

·         There are different minhagim regarding what the best time, lichatchila, to light Chanukah candles is.  Here in Yerushalayim, the minhag is to light the Chanukah candles at shkiah, sunset, or as close to it as possible.  Most communities in Chutz LaAretz, where the amount of time in between sunset and nightfall (tzeis hakochavim) is significantly longer, light somewhere between 20 and 30 minutes after shkiah.  A person should follow the accepted practice in her home or community.

·         Chanukah candles must be lit at a time when there are still people out on the streets that will see the menorah lit.  The poskim say that for an hour or so after the stores in an area close, it is still a time time that people are considered to be out on the streets.  Seeing as most retail stores close in the 7-9PM vicinity, depending on the area, the latest time for lighting could be 10 or 11pm; in big cities it could be much later.  If one lights later than this time, they should light without reciting the brachos.  If one is lighting inside the house, then the lighting is primarily serving to publicize the mitzvah to those who are at home in the house.  As long as one other person is awake to see the candles lit, one may light with a bracha even very late at night.

·         If someone is unable to light at the proper time (around sunset), she should light later when she is able to.  As long as she will still be lighting at a time that she can make a bracha (as explained above), it is better to wait until they are able to light and not light earlier than shkiah.

·         If one will not be able to light later at all (if she is traveling or will not be back home until it is too late to light), one may light the candles earlier than sunset – provided it is later than plag hamincha.  Before plag hamincha, one may not light the candles, and if one did so, it is invalid and the mitzvah must be done properly later.

·         If a person lives together with other people (family, roommates, etc.), or if there is someone who will be fulfilling the mitzvah of Ner Chanukah in her current residence, she can ask someone who will be lighting on time to light on her behalf as well (making her friend her “shaliach” for this mitzvah).  In fact, the poskim say that this preferable to a person lighting earlier than shkiah.

·         Regardless of what time a person lights, there must be enough oil (or a long enough candle) for the Chanukah candles to burn until at least 30 minutes after tzeis hakochavim.

To get a better idea of what this all means, I have included here a few different locations with their zmanim on the first night of Chanukah (the night of December 1) – the zmanim get slightly earlier throughout Chanukah.

Baltimore
Plag: 3:44  Shkiah: 4:44  Tzeis: 5:28
Chicago
Plag: 3:22  Shkiah: 4:21  Tzeis: 5:06
Cleveland
Plag: 3:59  Shkiah: 4:58  Tzeis: 5:43
London
Plag: 3:04  Shkiah: 3:55  Tzeis: 4:52
Los Angeles
Plag: 3:41  Shkiah: 4:44  Tzeis: 5:24
New York
Plag: 3:30  Shkiah: 4:30  Tzeis: 5:15
Yerushalayim
Plag: 3:31  Shkiah: 4:35  Tzeis: 5:10

Activities that Should not be Done Until a Person Lights

It is important to note that in order to make sure that a person does not unnecessarily delay the lighting and then perhaps forget to light, there are certain activities that are prohibited from the time the sun sets until a person has fulfilled the mitzvah.

·         Activities that are time consuming and distracting should not be started within a half an hour before shkiah.  These activities include getting a haircut, going to exercise  or swim, business or purchasing interactions that have the potential to take a long time (going to buy a car, or a sheitel, or meeting with the photographer for the wedding, or going to a store to decide which items to register for, etc.).  Even if one began one of these activities earlier, when shkiah comes she should, if she can, stop until she is able to light.

·         “Minor” activities that do not continue indefinitely, or that are commonly interrupted in the middle and then continued later, are permissible.  Therefore one may write an email, take a shower or the like during this time, even before she lights.

·         A person may not eat a meal.  This means that a person may not eat a substantial amount of bread (meaning more than a slice of bread or so), or an amount of mezonos that would constitute “a meal.”  Snacks are permissible.  Small amounts of mezonos foods, rice, and any foods that you make any other bracha on are permissible.  But sitting down to a proper seudah with bread (like a family get together) should not be done until one has lit.

·         Sleeping is not permissible beginning from 30 minutes before shkiah.  Even putting one’s head down for a brief nap is not permissible until one has lit candles.

·         IN ANY OF THE ABOVE SITUATIONS:  If a person has set up a reminder for herself, to make sure that she does not forget to light, it is permissible to engage in any of these activities.  This includes setting up a friend (who herself did light candles already on time) or setting an alarm to remind you to light when you get home.  A person can set a reminder on a cell phone or PDA that she will get later that night, at a time she will be able to light.

I would like to finally note that there is no doubt that the best possible way to fulfill the mitzvah of Ner Chanukah is to light the menorah at the appropriate zman (shkiah or some 2-30 minutes thereafter).  While there are halachos regarding what to do if this is not an option, and one can fulfill the mitzvah by lighting later or earlier, a rebbe of mine once commented that he felt that people should put real thought into making their Chanukah plans.  Why should we set ourselves up, on the holiday of celebrating the mesiras nefesh of Klal Yisroel, to fulfill a mitzvah in a less than optimal way. It is very much in the spirit of Chanukah for a person to schedule her engagements during the week in such a way that she is able to fulfill the mitzvah bizman.  May we all be zoche to see yeshuos Hashem bikarov.

Have a very happy and halachic Chanukah!

halacha

Teves 5771 – What Do We Do With The Wicks?

Wicks Teves 5771
What Do We Do With The Wicks?
by Rabbi Moshe Rosenstein

 

As Chanukah draws to a close, and we prepare to light our final Chanukah candles, we notice that the area of the Menorah is scattered with oil, wax, wicks and other items used in the mitzvah of Ner Chanukah. I thought it would be a good idea to look at some of the halachos regarding what to do with items that were used for a mitzvah, once we no longer have a use for them because we have completed the mitzvah they were used for.

The Shulchan Aruch writes that if a man’s Tzitzis strings snap, he may discard them in the garbage. On this the Rema comments that the minhag in Ashkenaz is not to throw out any items used for a mitzvah and that one should not discard them in a way that is a “bizayon,” a disgrace, for them. The Mishna Berura points out that this will apply in any situation that an item is either no longer usable (like the snapped Tzitzis strings) or that the mitzvah is completed. He therefore lists several examples of such items including schach after Succos, the lulav and esrog, an old shofar – even the walls of a succah – that should not be thrown directly in the garbage, but rather should be wrapped up before being put into the dumpster, or placed by the side of the dumpster so that we are not throwing it out directly. The later Sefaradi poskim [the Ben Ish Chai and Kaf HaChaim] agree with the Rema and say that Sefaradim too should be careful not to treat such items in a disgraceful way.

When it comes to the leftover candles, wicks and oil on Chanukah, the halacha is as follows:
– Leftover wicks at the end of Chanukah should either be wrapped up before being discarded or burnt in a fire that one does not get any benefit from. While the halachic requirement is filled by simply burning the wicks, there are some customs regarding the burning of these wicks. Chassidim make a whole ceremony out of burning the leftover oil after Chanukah while singing the perek from Tehillim “Laminatzeich Baneginos.” Others keep the wicks and burn them together with their chametz several months later.

– Leftover oil that was from the candles that were lit has the following halachos: If there was just enough oil to burn for the actual mitzvah, meaning enough oil for the candle to burn for 30 minutes after tzeis hakochavim, and the candles burned out in the middle, that oil may only be used again for the Chanukah candles during that Chanukah. If there is such oil left over after the last night, it too must be burned like the wicks above. If one put more oil than was absolutely necessary for the mitzvah (as is usually the case), one should make “a tenai” – a halachic stipulation, that only the oil necessary for the actual zman of the mitzvah should become sanctified. If one made such a stipulation and the candles always burned past the minimum zman of the mitzvah, the remaining oil may be discarded in the garbage regularly. If one did not make such a stipulation, there is a machlokes in the poskim what to do with the remaining oil. One should either ask a shailoh or simply burn it like the wicks are burned. [Wrapping oil and discarding it may also be done, but it must be wrapped in such a way that the oil does not leak out of the wrapping. Therefore, for liquid oil, burning is the better solution.]

– Leftover wax or not fully burned wax candles have the same status as the oil. One should stipulate that only the minimum amount should be sanctified, and the rest may be discarded.

– Oil left in the bottle that was never poured into the candles, or wax candles that were left in the box and never lit may be discarded, as they were never involved in the mitzvah at all. Likewise, the matches or candles used to light the Chanukah candles may be discarded in the regular fashion.

– Some poskim maintain that all these halachos pertain also to the candles and oil lit by a child that has reached the age of chinuch.

I will end with one last interesting halacha. There are those who are careful with the leftover wicks from Shabbos candles as well. While there are many poskim who recommend this practice, Rav Shlomo Zalman Auerbach zt”l maintained that one may throw out the leftover oil, candles or wicks from the Shabbos candles. Unlike the Chanukah candles where the candles themselves are the actual mitzvah, the mitzvah of Shabbos candles is to provide light. The candles, wicks and oil are the way in which we do that, but they themselves do not become sanctified as objects of kedusha in the process.

Wishing you a Chodesh Tov and a wonderful end to your Chanukah.

halacha

Shevat 5771 – Kosher Loans

Kosher Loans Shevat 5771
Kosher Loans
by Rabbi Moshe Rosenstein

 

There are times that people find themselves in need of some small amount of money that they does not have on them at the moment. People will often turn to their friends or acquaintances and ask to borrow money – sometimes even seemingly insignificant amounts – in order to buy a drink or pay a parking meter or the like. What many people do not realize is that there are some important halachos regarding borrowing money under these circumstances.

From the Gemara and Shulchan Aruch it is clear that it is only permissible to loan another person money if there are witnesses present. There are two reasons for this: 1) If there is no testimony to the loan, the borrower may be tempted to deny ever having taken the loan and then the lender will have been in violation of “Lifnei iveir lo titein michshol” – placing a stumbling block in front of someone. By leaving the “option” of denying the loan open to the borrower, the lender has violated this law. 2) Lending without proof is detrimental to the lender himself. If he attempts to collect on this loan and the borrower forgets that he had borrowed the money, people will curse the lender, accusing him of unjustly demanding money from his friend. The Gemara concludes that having witnesses to testify to the validity of the loan takes care of both of these issues.

Several poskim take note of the fact that it seems many people are lax in their fulfillment of this halacha, and offer a few options to lend money in a halachically acceptable manner:

– The poskim permit one to write an “IOU” note as evidence of the loan. If the lender keeps this as proof and it is recognizable as the writing or the signature of the borrower, then one may loan money without witnesses.

– If one lends the money with a check (made out to the name of the borrower) it is permissible, as that itself is evidence of the loan.

– If the lender is willing to completely forgive the loan and decides at the time of the loan absolutely that should the borrower forget the loan, he will not collect on it and completely write it off, then it is also not a violation of this halacha.

Rav Yosef Chaim Zunnenfeld zt”l, in the sefer Teshuvos Salmas Chaim, after addressing possible alternatives to lending without witnesses, concludes his teshuva regarding this matter by saying, “none the less, the best thing to do is to fulfill the words of Chazal as they were established – to not lend without witnesses or a document, if possible.”