Revach L'Neshama http://revach.net/ RSS feed for - Section: HALACHA Category:TSHUVOS Copyright 2007, Revach L'Neshama en-US Revach L'Neshama Logo 144 31 http://revach.net/img/small_header.jpg http://revach.net/ info@revach.net Tue, 09 Feb 2010 03:00:00 -0800 240 Rivevos Ephraim, Rav Vosner, and Rav Moshe Shternbuch: Do Women Wash Mayim Achronim? http://revach.net/article.php?id=4366 http://revach.net/article.php?id=4366 Rav Ephraim Greenblatt (Rivevos Ephraim 1:139) was asked if women need to wash Mayim Achronim.  He answers that the Salma Chadasha says that there are two reasons for Mayim Achronim, either because there is a remez from the pasuk, "Vihiyisem Kedoshim", or because of the infamous Melach Sedomis.  Since neither of these reasons are gender specific, women, he says, have the same obligation as men.  He also brings from Rav Yaakov Emden that you must inform the women that they must wash Mayim Achronim.

However the Piskei Tshuvos (181:1) brings from other poskim including Rav Vosner and Rav Moshe Shternbuch, that since we eat with flatware and we don't use our hands, there is no logical basis for Mayim Achronim.  The reason why we are noheg to do it is based on the Zohar.  Because it is based on Kabalah, women are not makpid to do it.  Unless of course their hands are dirty, in that case women must wash Mayim Achronim al pi halacha.

Important Note: We bring this tshuvah as a starting point for discussion and not to convey any halacha.  We try to convey the Tshuva to the best of our ability. We admit that our understanding may not be accurate. One should learn the tshuva to verify the accuracy of our interpretation.  Please understand that this Tshuva may not be the final word on this topic. One should consult a Rav before drawing any conclusions.

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Tue, 09 Feb 2010 03:00:00 -0800
Btzel HaChochma: Can You Change Your Mind After Promising To Lend Someone Money? http://revach.net/article.php?id=1874 http://revach.net/article.php?id=1874 The Shulchan Aruch (CM 39:17) says clearly that if you promise to lend someone money, even if with your knowledge that person goes through the trouble and expense of drafting a loan agreement, you may change your mind and refuse to lend them the money.  Rav Betzalel Stern in Btzel HaChochma (3:78) says that you are not even considered a Michusar Amana, a person who is not trustworthy, despite the fact that even someone who promises a gift and rescinds his promise is considered a Michusar Amana.

However he says that if the lender is a poor person it is forbidden to go back on your agreement to give him a loan.  The reason is that the Halacha says (YD 258:6) that someone who promises money to Tzedoka must keep his word and may not change his mind unless he does Hatoras Nedarim.  Lending money to a poor person is more than a loan.  It is the best kind of tzedoka (YD 249:6).  It is tzedoka that doesn't embarrass the recipient.  Therefore, although a promise to lend money may be rescinded, a promise to a poor person must be honored.

Important Note: We try to convey the Tshuva to the best of our ability. We admit that our understanding may not be accurate. Please also understand that this Tshuva may not be the final word on this topic. One should consult a Rav before drawing any conclusions.

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Mon, 08 Feb 2010 03:00:00 -0800
Zippering A Hood To A Coat On Shabbos http://revach.net/article.php?id=4359 http://revach.net/article.php?id=4359 The Mishna Brura writes (317:15) that if you have new article of clothing you may not insert on Shabbos its belts and strings that are left there permanently  because you are Misaken Mana or fixing the item. 

The Piskei Tshuvos brings from the Chelkas Yaakov that attaching a hood to a coat with a zipper, in the beginning of the winter for the entire winter is assur just the same.  He also brings from Rav Vosner that it is even the Milacha of Tofeir sewing since it will remain permanently for the winter.  Moreover he brings from Rav Binyomin Zilber in Az Nidbiru that even snapping on an Atara on a talis is assur.

However he says there are those who are matir in all these cases because it is not Tefira and it is like buttoning your clothing which is permissible even for an extended period of time.  The matirim include the Btzel HaChochma, the Debriciner Rav, Rav Yehonoson Shteiff, and Rav Shlomo Zalman Auerbach.

Important Note: We bring this tshuvah as a starting point for discussion and not to convey any halacha.  We try to convey the Tshuva to the best of our ability. We admit that our understanding may not be accurate. One should learn the tshuva to verify the accuracy of our interpretation.  Please understand that this Tshuva may not be the final word on this topic. One should consult a Rav before drawing any conclusions.

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Fri, 05 Feb 2010 03:00:00 -0800
Rav Chaim Kanievsky: Money Back For An Aliyah From A Sefer Torah Pasul? http://revach.net/article.php?id=1928 http://revach.net/article.php?id=1928 Someone bought an Aliyah and after Krias HaTorah was completed it was discovered that the Sefer Torah was Pasul.  One of the people who bought an Aliyah wanted to avoid payment with the claim that it was a Mekach Ta'us because if he had known that the Sefer Torah was Pasul he would not have bought the Aliyah.  Rav Chaim Kanievski Shlit'a ruled that he is obligated to pay and it is not considered a Mekach Ta'us because the tzibur was Yotzei with the Kiras ha'Torah b'Dieved. (Kuntrus Halachah u'Maseh) 

 Disclaimer: We try to convey the Tshuva to the best of our ability. We admit that our understanding may not be accurate. Please also understand that this Tshuva may not be the final word on this topic. One should consult a Rav before drawing any conclusions.

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Thu, 04 Feb 2010 03:00:00 -0800
Rav Vosner On Learning Tanach In Yeshiva http://revach.net/article.php?id=4351 http://revach.net/article.php?id=4351 A Michanech sent a letter to Rav Vosner (Shevet HaLevi 8:207) asking him for encouragement regarding learning Tanach and Dikduk to young children.  Rebbi Eliezer (Brachos 28b) on his deathbed told his talmidim, "Minu Yadeichem Min HaHegayon".  Rashi says this means do not learn Pasukim "Yoseir Midai", too much, because it will draw your interest away from other important things.  Rav Vosner writes that this does not negate our obligation to master the basics of Tanach and Dikduk sufficiently.

Moreover he says, the Chasam Sofer who said that the main learning must be Shas and Torah SheBa'al Peh and only after that should one learn Tanach, yet his talmidim were all incredibly well versed in all of Tanach.  Rav Vosner says that he need not talk at length about subjects of Torah that all Gedolei Yisroel know inside out, although some have hid their knowledge in these areas from public view because the Apikursim have rallied around these subjects while rejecting others.

Learning these parts of out Holy Torah, says Rav Vosner at the end of his tshuva, is not something that needs his Haskama.  (See also Rav Moshe Shternbuch's Tshuva on the topic)

Important Note: We bring this tshuvah as a starting point for discussion and not to convey any halacha.  We try to convey the Tshuva to the best of our ability. We admit that our understanding may not be accurate. One should learn the tshuva to verify the accuracy of our interpretation.  Please understand that this Tshuva may not be the final word on this topic. One should consult a Rav before drawing any conclusions.

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Wed, 03 Feb 2010 03:00:00 -0800
Rav Menashe Klein: Doing A Dangerous Mitzva, Are You Really Protected? http://revach.net/article.php?id=4344 http://revach.net/article.php?id=4344 There are two pasukim that people rely on, to do mitzvos under dangerous circumstances.  One is "Shomer Mitzva Lo Yeida Davar Ra", one who performs a mitzva will not come to any harm.  The second is "Shomer Psayim Hashem", Hashem watches over the fools.  When do these promises take effect?

Rav Menashe Klein (Mishneh Halachos 4:190) sheds some interesting light that dispel the misuse of these psukim.  With regard to Shomer Mitzva, he says that you can only rely on this pasuk to keep harm away from you is if the bad things you are worried about is from a segula and not natural.  For example one should not marry a women who is a Katlanis (whose husband's die).  There is no medical reason not to marry her, but Chazal say that she has bad Mazal.  In this case one can say Shomer Mitzva.  However if you are doing something that is dangerous MiDerech HaTeva, just because you are doing a mitzva there is no guarantee that you will not be harmed.

With regard to Hashem watching over the fools, Rav Menashe Klein makes two points.  First he says it only applies if everyone acts this way.  An individual will not be protected unless the action is widespread.  Second he says, that fact that Hashem watched the fools does not obligate you to undertake this action even if by not doing it you will lose a mitzva.  It merely allows you to do it if you choose to.  

Important Note: We bring this tshuvah as a starting point for discussion and not to convey any halacha.  We try to convey the Tshuva to the best of our ability. We admit that our understanding may not be accurate. One should learn the tshuva to verify the accuracy of our interpretation.  Please understand that this Tshuva may not be the final word on this topic. One should consult a Rav before drawing any conclusions.

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Mon, 01 Feb 2010 03:00:00 -0800
Maharsham: Aveilus For Someone Who Commits Suicide Out Of Disgrace http://revach.net/article.php?id=4341 http://revach.net/article.php?id=4341 In 1896 the Maharsham (6:123) was sent a question from Cracow, where a number of distinguished people from the community had committed suicide.  The question was, although if a person commits suicide (Miabed Atzmo LaDaas) we do not mourn him (YD 345:1), what happens if they commit suicide out of pain, suffering, poverty, or disgrace?

The Maharsham answered that we find in Chazal a number of people who chose to end their lives prematurely.  Among them Shaul HaMelech, Achitofel, and Rebbi Chanina ben Tradyon.  These cases however do not shed any light on our question because in each of these cases their death was already guaranteed, and the Ramban holds that if you are going to die and only can Miabed Atzmo LaDaas if you kill yourself because you are in great pain or will surely be tortured.

However, says the Maharsham, if someone kills himself to forego his shame and suffering, then although it technically may be suicide, the person is considered an Omer Mutar, one who thinks it is permitted.  If so it is not considered intentional murder, but rather BiShogeg and therefore all the chumros that apply to someone who willingly took his own life do not apply to him, and you may mourn him KaHalacha.

Important Note: We bring this tshuvah as a starting point for discussion and not to convey any halacha.  We try to convey the Tshuva to the best of our ability. We admit that our understanding may not be accurate. One should learn the tshuva to verify the accuracy of our interpretation.  Please understand that this Tshuva may not be the final word on this topic. One should consult a Rav before drawing any conclusions.

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Sun, 31 Jan 2010 03:00:00 -0800
Rav Moshe Feinstein: Going To College In The Summer http://revach.net/article.php?id=4333 http://revach.net/article.php?id=4333 In 1972 Rav Moshe Feinstein was asked (Igros moshe YD 4:34) by a Rosh Yeshiva if he should allow his talmidim to go to college in the summer during Bein HaZmanim. Rav Moshe answered that going to college at all was not a simple matter.  However we don't protest it because many  boys will not listen, either because they have too much parental pressure, or they need to go to college to be able to earn a living.  There are also boys who aren't learning Torah anyway.  Regardless of the justification, says Rav Moshe, it must be made clear to anyone going to college that it is not a simple matter.

Regarding going to college in the summer, says Rav Moshe, since there are women on campus who do not dress in modest attire, the Rosh Yeshiva should enforce an absolute ban on going.  Many boys will claim that it is better for their learning since they can receive many more credits in a much shorter time and it will free up more learning time during the year.  Their arguments should not be heeded, says Rav Moshe, and even if they are permitted to go during the year, they should not be allowed to go in the summer.

Important Note: We bring this tshuvah as a starting point for discussion and not to convey any halacha.  We try to convey the Tshuva to the best of our ability. We admit that our understanding may not be accurate. One should learn the tshuva to verify the accuracy of our interpretation.  Please understand that this Tshuva may not be the final word on this topic. One should consult a Rav before drawing any conclusions.

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Thu, 28 Jan 2010 03:00:00 -0800
Bais Ovi: Man Giving A Shiur To Women - Need A Mechitza? http://revach.net/article.php?id=1680 http://revach.net/article.php?id=1680 Can a Rav or any male teacher give a Shiur to women without a Mechitza between him and the audience?   Rav Yitzchok Isaac Liebes in Tshuvos Bais Ovi (3:40) says that the Gemara in Succah says that even at the Levaya of the murdered Moshiach Ben Yosef where the mood is very serious as we are all mourning his death we will need a separation between the men and women. Based on this gemara, certainly even in in classroom or lecture setting there should be a need for a Mechitza.  Nevertheless he says that in a Torah lecture it is not necessary.  Why not?

The fact that it is done in Bais Yaakov, says the Bais Ovi, shows that the Rabbanim permitted it.  Furthermore when looking at the beautiful frum families and entire communities that emerged from this system it is clear that they have done nothing wrong.  Since we know that Aveira Goreres Aveira were this an issue it would have had a terrible negative affect and spiraled out of control to the other extreme.  Since the results are so positive it must not be any problem whatsoever.

He further says that when Reb Yisroel Salanter came to Germany and found the great gaon and tzaddik Rav Ezriel Hildesheimer teaching Shulchan Aruch and Tanach to girls without a Mechitza, he told him that if any Rav would do this in Lithuania he would be fired immediately and rightfully so according to Halacha.  Nevertheless said Rav Yisroel Salanter, "Halevai I should be zocheh to sit next to Rav Hildesheimer in the Olam Haba where his reward will be great.  He did it all L'Shem Shamayim and it is and "Es Laasos LaHashem".

The Bais Ovi does caution that this liberty can only be taken for a Torah lecture, but for any non torah lectures, the Halacha should be strictly adhered to.

Disclaimer: We try to convey the Tshuva to the best of our ability. We admit that our understanding may not be accurate. Please also understand that this Tshuva may not be the final word on this topic. One should consult a Rav before drawing any conclusions.

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Wed, 27 Jan 2010 03:00:00 -0800
Rav Moshe Shternbuch - Give Maaser Or Pay Debts? http://revach.net/article.php?id=4326 http://revach.net/article.php?id=4326 Someone had many financial debts that he owed and wasn't able to pay them off despite the constant pressure from the creditors.  He asked Rav Moshe Shternbuch (5:282) if under these conditions he was allowed to give Maaser or rather he must use the money to pay his debts.

On one hand, said Rav Shternbuch, your maaser money is not yours, it is Hashem's and the creditor has no claim to that money.  On the other hand the mitzva of giving maaser was not given in a situation when you owe people money and can't pay them.  Hashem is not interested in money that rightfully belongs to others, "Sonei Gezel B'Olah" says the Pasuk. The Sefer Chasidim says that you may not give tzedaka or buy seforim if you owe someone money.

In such a case, recommends Rav Shternbuch, you should be Matir Neder on your minhag to give Maaser.  However rather than just give money to the creditors, you should first take off maaser from your money and then give that amount to the creditor.  When Hashem turns around your fortune you should pay back all the maaser money that you used to repay your loans and give it to tzedaka.

One exceptions, says Rav Shternbuch, is that you still may give pocket change to someone collecting.  The creditor is surely Mochel this small amount of money just like he is mochel you on the money you use to support your family while the loan is still outstanding.

Important Note: We bring this tshuvah as a starting point for discussion and not to convey any halacha.  We try to convey the Tshuva to the best of our ability. We admit that our understanding may not be accurate. One should learn the tshuva to verify the accuracy of our interpretation.  Please understand that this Tshuva may not be the final word on this topic. One should consult a Rav before drawing any conclusions.

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Tue, 26 Jan 2010 03:00:00 -0800
Can You Leave A Wedding While the Chosson and Kalla Are Busy Taking Pictures? http://revach.net/article.php?id=1165 http://revach.net/article.php?id=1165 The gemara in Brachos (6b) says that "Kol Neheneh MiSeudas Chosson V'Einoy Misamchoy Oiveir BChamisha Kolos"; whoever enjoys from a wedding meal without making the Chosson happy cheapens five brachos that Hashem gave Bnei Yisroel using the word "Kol".  What happens if after the Chupah the Chosson and Kalla are taking a very long time before coming to the main ballroom and you need to leave?  Is it enough that you made the parents of the young couple happy?

The Shevet HaKehosi (5:230) says that while the chiyuv is specifically to make the Chosson happy and not the parents if you ate from the seudah before the young couple arrived in the hall there is no issur.  The problem only arises if you eat while the Chosson and Kalla are present in the room where you are eating.

With regard to what is called making the Chosson happy, he says, that saying Mazal Tov is enough to earn your meal.

Disclaimer: We try to convey the Tshuva to the best of our ability. We admit that our understanding may not be accurate. Please also understand that this Tshuva may not be the final word on this topic. One should consult a Rav before drawing any conclusions.

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Mon, 25 Jan 2010 03:00:00 -0800
Rav Moshe Feinstein: Throwing Out Transliterated Brachos http://revach.net/article.php?id=4322 http://revach.net/article.php?id=4322 If a bracha is written in its proper Nusach with the Shem Hashem in Lashon Kodesh using English letters, does it have Kedusha or may you throw it out without worry?  This question was posed to Rav Moshe Feinstein (Igros Moshe OC 2 55) regarding a fundraising campaign where they sent out Hadlakas Neiros with the Bracha to people who could not read Lashon Kodesh.  The concern however was, that these people may throw it in the garbage.

Rav Moshe answered that the Shem Hashem written in English has no Kedusha whatsoever and can be thrown out.  A transliterated Shem Hashem is not Hashem's name but rather a cue to the reader to say Hashem's name.  Rav Moshe distinguishes this from two letters Yud written in a siddur, where the Rema (YD 276:10) says can be only erased L'Tzorech, in a time of need.  There, says Rav Moshe, the two Yuds aside from telling us that we need to say Shem Hashem, also have significance in their own right, as the letter Yud is the first letter in Hashem's name.

Rav Moshe however raises a different issue with regard to sending out transliterated Brachos.  His concern was that the people who receive it will read it and say a Brachos Livatala.  A solution for that could be to print a warning on it not to say unless you are actually lighting candles.  However says Rav Moshe it is better to find a different way to raise funds. 

Important Note: We bring this tshuvah as a starting point for discussion and not to convey any halacha.  We try to convey the Tshuva to the best of our ability. We admit that our understanding may not be accurate. One should learn the tshuva to verify the accuracy of our interpretation.  Please understand that this Tshuva may not be the final word on this topic. One should consult a Rav before drawing any conclusions.

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Sun, 24 Jan 2010 03:00:00 -0800
Rav Moshe Shternbuch: On Teaching Children Tanach http://revach.net/article.php?id=437 http://revach.net/article.php?id=437

The minhag in today's Yeshivos is not to teach Tanach before learning Gemara. Rav Moshe Shternbuch (2:457) explains that learning Tanach requires even deeper understanding than learning Gemara. A Mekor for this is Rashi in Brachos (28a) who says that one should stay away from too much Tanach.

The danger he says is that people do not realize this. He quotes the Chasam Sofer who says that this was the tragedy of translating the Torah to Greek. Since then, people were free to learn Tanach with literal translation without being taught the correct interpretation through kabalas avoseinu.

This is not to say that Tanach is blacklisted, says Rav Shternbuch. One who has learned a great deal of gemara and poskim and has acquired a great deal of Yiras Hashem is required to learn all of Tanach and must know it thoroughly.(See also Rav Vosner's Tshuva on this subject)

Important Note: We bring this tshuvah as a starting point for discussion and not to convey any halacha.  We try to convey the Tshuva to the best of our ability. We admit that our understanding may not be accurate. One should learn the tshuva to verify the accuracy of our interpretation.  Please understand that this Tshuva may not be the final word on this topic. One should consult a Rav before drawing any conclusions.
 

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Thu, 21 Jan 2010 03:00:00 -0800
Rav Vosner: Bikur Cholim and Contagious Diseases http://revach.net/article.php?id=1890 http://revach.net/article.php?id=1890

Disease transmitted through the air is not a new phenomenon.  The gemara says Rav Zeira was careful to avoid being downwind from a person with a certain disease, Rava stuffed up his window during a plague, and Rav Ami and Rav Asi wouldn't eat an egg that was in the same street as a sick person.

What about Bikur Cholim?  Are you exempt from the mitzva if the person has a contagious disease?  The Tshuvas HaRema says that worrying about catching a disease from Bikur Cholim is nonsense.  Hashem makes people sick and Hashem is the one who cures.  The Maharsham agrees with this opinion.  However the Shulchan Gavoa argues and says, "Who will listen to the Rema to endanger their life?"  The Sdei Chemed says that since there are strong opinions on both sides it is hard to take a side.  (V'Darashta V'Chakarta 4:50)

In the Shevet HaLevi (8:251), Rav Vosner argues with the logic of the Tshuvas Rema, who says that if we are scared to visit the sick the mitzva will become Batel.  Rav Vosner says that even if the mitzva would become batel we should not endanger our lives to do it.  Furthermore there are many non contagious illnesses where we can visit the sick and do the mitzva.  He therefore recommends following the Halacha of the Shulchan Aruch (YD 335:8) which says that you can be Yotzei the Mitzva of Bikur Cholim by going into a room outside of where the sick person is and inquire about what the Choleh needs.  In this way you have done your mitzva and avoided any possible danger.  

 Disclaimer: We try to convey the Tshuva to the best of our ability. We admit that our understanding may not be accurate. Please also understand that this Tshuva may not be the final word on this topic. One should consult a Rav before drawing any conclusions.

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Wed, 20 Jan 2010 03:00:00 -0800
Klausenberger Rebbe: If Your Mother Did Not Wear A Shaitel http://revach.net/article.php?id=4309 http://revach.net/article.php?id=4309 If someone is noheg to act in accordance with a certain chumra, in order to be released from that minhag he must be Matir Neder.  The Klausenberger Rebbe ztz"l was asked (Divrei Yatziv YD 55) if someone's mother would not cover her hair with a Shaitel only a Tichel, may her daughter be Matir Neder and wear a Shaitel.

The Klausenberger Rebbe brings a Maharashdam who says that a person may only be Matir Neder for a minhag that forbid something that is 100% mutar, yet the minhag was to be machmir.  However if there is a Machlokes HaPoskim and a person's minhag is to be machmir like the stricter opinion then Hataras Nedarim does not help.  This was also the opinion of the Chasam Sofer and the Maharam Schick.

In the case of wearing a Shaitel there are many poskim who forbid wearing a natural or even a synthetic wig, including the Ran, Ritva, Be'er Sheva, Rav Yaakov Emden, and the Divrei Chaim among many others.  Therefore since wearing a Shaitel is not permissible according to many poskim, even though many people rely on the poskim who permit it, if your minhag is to be machmir, Hataras Nedarim does not provide a way out.

In closing the Klausenberger Rebbe, makes an additional points. He says that since in this case the Hataras Nedarim is not valid according to many poskim, the issur of Nedarim may be even worse than the issur of wearing a Shaitel.

Important Note: We bring this tshuvah as a starting point for discussion and not to convey any halacha.  We try to convey the Tshuva to the best of our ability. We admit that our understanding may not be accurate. One should learn the tshuva to verify the accuracy of our interpretation.  Please understand that this Tshuva may not be the final word on this topic. One should consult a Rav before drawing any conclusions.

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Mon, 18 Jan 2010 03:00:00 -0800
Btzel HaChochma: Mixed Event To Raise Money For Tzedaka? http://revach.net/article.php?id=4306 http://revach.net/article.php?id=4306 Rav Betzalel Stern was asked (Btzel HaChochma 2:85) if one must protest a mixed fundraising event in order raise money for tzedaka. 

"I don't understand the question", answered Rav Stern.  "What is the difference between this and any other aveira that Chazal required one to protest?"  The Shulchan Aruch (EH 21:1) clearly states that a person must refrain from joking and acting lighthearted with women, or admiring her beauty.  Surely there is no difference that the setting is a fundraiser.

No aveira is set aside for the sake of doing a mitzva, unless it falls within the framework of Aseh Docheh Lo Saaseh, which this does not.  Giving tzedaka is in no way related to having a party.  Furthermore the Shulchan Aruch (OC 529:4) says that on Yom Tov when it is a mitzva to eat, drink, and be joyous, you must have policemen to watch that the public does not mix with men and women eating and drinking together for Simchas HaChag. 

Hashem says that He trusts Avrohom who commands is children (Vayeira 18:19), "VShamru Derech Hashem Laasos Tzedaka UMishpat".  Rav Stern darshans this pasuk to mean, they keep the mitzvos of Hashem even when doing tzedaka and mitzvos!

Important Note: We bring this tshuvah as a starting point for discussion and not to convey any halacha.  We try to convey the Tshuva to the best of our ability. We admit that our understanding may not be accurate. One should learn the tshuva to verify the accuracy of our interpretation.  Please understand that this Tshuva may not be the final word on this topic. One should consult a Rav before drawing any conclusions.

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Sun, 17 Jan 2010 03:00:00 -0800
Rav Moshe Shternbuch: Can You Throw Newspapers With Torah Content Into The Garbage? http://revach.net/article.php?id=474 http://revach.net/article.php?id=474

Rav Moshe Shternbuch points out (1:553) that the Rambam (Yesodei HaTorah 6:8) distinguishes between Kisvei Kodesh meaning klafim of tanach that must be buried and seforim that do not fall into the category of Kisvei Kodesh which do need to be buried but it is forbidden to destroy them or burn them. If you destroy them you get Malkus D'Rabanan (Mardus).

To be Melamed Z'chus on people who throw newspapers with Torah content in the garbage he makes two points. Firstly, printed materials technically have no kedusha and secondly, since these newspapers are made to be thrown out they never become kadosh.

Although Rav Shternbuch himself buries any papers with any kind of torah content, he paskens that one should wrap it in a bag or another paper before throwing out. That would be okay considering the fact that it is printed and meant to be erased. Furthermore it is best not to place it in the garbage can with the rest of the garbage but rather in separate bin. He ends of by saying that V'Hamachmir Tovoi Alav Bracha.

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Thu, 14 Jan 2010 03:00:00 -0800
Rav Moshe Shternbuch: Clear The Way For The Talmid Chochom On The Grocery Line http://revach.net/article.php?id=4292 http://revach.net/article.php?id=4292 There is a mitzva to stand up and show respect for a Talmid Chochom.  What about letting him ahead of you when you are online in the grocery?  Rav Moshe Shternbuch (1:532) says that this is as good as it gets with regard to with regard to showing respect.

He compares this to the Halacha in Shulchan Aruch (YD 243:4) that paskens that you must let a talmid chochom sell his merchandise before you, if you carry the same items.  This way the tamid chochom can get back to his learning.  Although there is a question of whether anybody has the status of a talmid chochom nowadays, regarding this halacha says Rav Shternbuch, if he learns all the time you should allow him to checkout first.  Rav Shternbuch is amazed that we don't act this way nowadays.

He adds a caveat that this only applies to an occasional meeting with the talmid chochom.  However if the talmid chochom takes advantage of his priority on line, then it is worthwhile not to let him go ahead since it appears like he is using the crown of Torah for his own personal use, and trouncing upon the heads of a Holy Nation.

Important Note: We bring this tshuvah as a starting point for discussion and not to convey any halacha.  We try to convey the Tshuva to the best of our ability. We admit that our understanding may not be accurate. One should learn the tshuva to verify the accuracy of our interpretation.  Please understand that this Tshuva may not be the final word on this topic. One should consult a Rav before drawing any conclusions.

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Mon, 11 Jan 2010 03:00:00 -0800
Rav Shlomo Zalman Auerbach - School Yard Fights http://revach.net/article.php?id=4289 http://revach.net/article.php?id=4289 If a child hits another child in school how should the child respond?  Should he hit him back or should he go to the Rebbi and tell him what was done to him?

The Aleihu Lo Yibol (Chinuch 23) says that this question was asked to Rav Shlomo Zalman Auerbach and he said to tell the child to hit the other child back in order to defend himself and deter the other child from hitting him again.  However he should be told that this should be the purpose of his hitting back, and not for revenge.

Important Note: We bring this tshuvah as a starting point for discussion and not to convey any halacha.  We try to convey the Tshuva to the best of our ability. We admit that our understanding may not be accurate. One should learn the tshuva to verify the accuracy of our interpretation.  Please understand that this Tshuva may not be the final word on this topic. One should consult a Rav before drawing any conclusions.

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Sun, 10 Jan 2010 03:00:00 -0800
Rav Shmuel Wosner: Can A Baal Korei Read The Torah With A Transparent Overlay http://revach.net/article.php?id=1449 http://revach.net/article.php?id=1449 Rav Wosner was asked (Shevet HaLevi 8:29) about an ingenious idea for a Shul without a Baal Korei.  You make a transparent overlay with Nikudos and taamim and place it on the words of the Sefer Torah.  This way you are reading the actual Sefer Torah and any amateur can become a professional Baal Korei without mistakes.

He answers that technically this is permitted since reading through plastic or glass is considered reading the actual scroll.  However, he says that he does not feel comfortable giving his stamp to this new innovation.  He suggests solving the problem in the traditional way, which is for someone with a Chumash to whisper into the ear of the Baal Korei and the Baal Korei read from the Sefer Torah.  He also comments that this is different than reading through eye glasses which is perfectly acceptable.

 Disclaimer: We try to convey the Tshuva to the best of our ability. We admit that our understanding may not be accurate. Please also understand that this Tshuva may not be the final word on this topic. One should consult a Rav before drawing any conclusions.

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Fri, 08 Jan 2010 03:00:00 -0800
Rav Shlomo Zalman Auerbach: Maaser On Gifts? http://revach.net/article.php?id=487 http://revach.net/article.php?id=487

With regard to a gift of money Rav Shlomo Zalman says one must give maaser. There is no difference between earning money from business or from a gift. He adds that one should be sufficiently satisfied to receive 90% of a gift. If the gift is not money then you do not need to give any money to tzedoka based on its value but if and when you sell it you should then give 10% to tzedoka.

To another questioner however Rav Shlomo Zalman suggested that he value the gifts at the current price he can sell it at and give that sum to tzedoka when Hashem blesses him with sufficient means to pay it. (Aleihu Lo Yibol 1:YD:98)

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Thu, 07 Jan 2010 03:00:00 -0800
Is a Tzadik’s Tefilos Considered Pikuach Nefesh? - The Sar Shalom of Belz & Rav Shlomo Kluger http://revach.net/article.php?id=2189 http://revach.net/article.php?id=2189 May one be mi’Chalel Shabbos for the purpose of having a Tzadik daven for a mortally ill person. A number of years ago is a town called Zlutchov in Galicia the Dayan of the city permitted a Chasid of Belz to have a non-Jew write down the name of a mortally ill person and bring it to the Sar Shalom of Belz to who was in a neighboring town so that the Tzadik will Daven for him. When the Sar Shalom received the name he was disturbed by the Chilul Shabbos and he commented, I will now have to put in extra effort in my Tefila so that the Chilul Shabbos will not be for naught.

R. Shlomo Kluger upon hearing of the story took great umbrage to the Chilul Shabbos (even though it was only an Isur mid'Rabbanan) and he wrote a letter to the town elders decrying the Heter that was given and he said that it is forbidden to be Mechalel Shabbos for the purpose of having someone Daven for the Choleh. It is only permitted to be Mechalel Shabbos for something that will be a Refuah for the Choleh. Tefila is not a Refuah it is a request for Hashem Yisborach to cure the Choleh. Hashem Yisborach could cure the Choleh without our Tefilos. Hashem knows what is in our hearts and He knows that if it weren’t Shabbos we would ask the Tzadik to Daven for us.

Important Note: We try to convey the Tshuva to the best of our ability. We admit that our understanding may not be accurate. Please also understand that this Tshuva may not be the final word on this topic. One should consult a Rav before drawing any conclusions.

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Mon, 04 Jan 2010 03:00:00 -0800
Rav Ovadia Yosef: Is Coffee Bishul Akum? http://revach.net/article.php?id=418 http://revach.net/article.php?id=418

The Halachah is that a food or drink that can't be eaten raw may not be cooked by a non-Jew. However it is permitted to drink coffee made by a non-Jew since coffee is not something that is normally served at a Royal banquet it is not regarded as something prestigious and is thus permitted even though it was cooked by a non-Jew. (Yechave Da'as 4:42)

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Sun, 03 Jan 2010 03:00:00 -0800
Rav Yehonoson Eibshitz - Respecting Your Older Sister http://revach.net/article.php?id=4261 http://revach.net/article.php?id=4261 Rashi in Yaakov's Mussar to Shimon and Levi (Vayichi 49:5) says that it could have only been Shimon and Levi who said let's kill Yosef when he came to meet them in Doisan.  We see that Reuven and Yehuda did not want to kill him.  It could not have been the Bnei HaShfachos since they got along with him, and it could not have been Yisachar and Zevulun who would not have spoken up in front of their older brothers.  That leaves Shimon and Levi.

All the Meforshim ask why did Rashi need a separate reason for the Bnei HaShfachos.  Why did he not say that they too would not speak up before their older brothers?  The Shalal Rav brings from Rav Yehonoson Eibshitz that the reason a person must respect his older brother is because he did not damage his mother's womb on the way out.  A younger sibling owes their entire existence to the peaceful exit of the older ones.  This would only apply to brothers from the mother, but not from the father.  Therefore the Bnei Hashfachos would have no problem speaking up before Shimon and Levi and Rashi must give another reason.

The Shvus Yaakov says that there is an additional din of respecting your older brother.  That is that the oldest son is his father's right hand man and therefore out of respect for your father you must respect him.  According to this reason, you would respect only your oldest brother from your father.  According to Rav Yehonoson Eibshitz you must respect any older sibling from your mother, possibly even your older sister.

Important Note: We bring this tshuvah as a starting point for discussion and not to relay any halacha.  We try to convey the Tshuva to the best of our ability. We admit that our understanding may not be accurate. One should learn the tshuva to verify the accuracy of our interpretation.  Please understand that this Tshuva may not be the final word on this topic. One should consult a Rav before drawing any conclusions.

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Thu, 31 Dec 2009 03:00:00 -0800
Rav Menashe Klein – Wearing Tefilin On A Toupee http://revach.net/article.php?id=2654 http://revach.net/article.php?id=2654 If someone wears a toupee, must he take it off when putting on Tefilin Shel Rosh? The Tshuvas HaRashba (1:30), which is not in accordance with the other Rishonim, proves from the Yerushalmi that having a Chatzitza, a separation between your head and your Tefilin Shel Rosh, is not a problem.  It is only a problem by Tefilin Shel Yad.  However, says Rav Menashe Klein (Mishneh Halachos 6:8), that at best the Rashba only holds this B’Di’eved and even so he concedes that the Rishonim before him disagreed.  Furthermore, the Rashba says that his opinion is L’Halacha but not L’Maaseh.

Another possible heter says the Mishneh Halachos is a Pnei Aryeh (6) who says that if you put white powder in your hair, it is not a Chatzitza since it is for beauty, and anything put in the hair for aesthetic purposes in not a chatzitza.  Similarly, says Rav Menashe Klein, maybe a toupee, which is meant to enhance your appearance, is also not a chatzitza.  However he dismisses this argument saying that you cannot compare powder, which disappears and a toupee, which is very thick.

L’Maskana he says that the Shela HaKadosh holds that even if you put ashes in your hair for aveilus Zecher L’Churban, you must wash it off before putting on your tefilin.  The Machatzis HaShekel (OC 27:4) says that even excessively long hair is a Chatzitza.  Although some disagree with this Machazis HaShekel, says Rav Menashe Klein, certainly when it comes to a toupee, all would agree that it is a chatzitza.  If after explaining to someone the problem with a toupee for Tefilin the person insists on putting Tefilin on top of a toupee, he definitely shouldn’t make a separate bracha on his tefilin shel rosh.

Important Note: We try to convey the Tshuva to the best of our ability. We admit that our understanding may not be accurate. Please also understand that this Tshuva may not be the final word on this topic. One should consult a Rav before drawing any conclusions.

This article has not been reviewed by the posek of the AskRevach section, Rav Peretz Moncharsh.  Any questions regarding this topic and Halacha L’Maaseh may be asked to him at www.revach.net/ask 

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Mon, 28 Dec 2009 03:00:00 -0800
Piskei Tshuvos: Rinsing Your Mouth & Brushing Teeth On A Taanis http://revach.net/article.php?id=4252 http://revach.net/article.php?id=4252 With regard to rinsing your mouth on a Taanis Tzibur. the Michaber (567:3) says you should not do so.  The Mishna Brura says that if this causes you Tzaar, you may rinse your mouth but you should be sure to keep your head bent over so you don't swallow.  On Tisha B'Av, the Mishna Brura says you may only do so if your are in great Tzaar.  On Yom Kippur you must totally refrain from this.

Similarly, says the Piskei Tshuvos based on the Minchas Yitzchok (4:109), L'Chatchila you should not brush your teeth on a Taanis Tzibur, even without water, unless you are in Tzaar.  If you are in Tzaar, you may do so even with water.  And again he cautions if you do so, make sure to bend your head down when rinsing so that you don't swallow any water.

Important Note: We bring this tshuvah as a starting point for discussion and not to relay any halacha.  We try to convey the Tshuva to the best of our ability. We admit that our understanding may not be accurate. One should learn the tshuva to verify the accuracy of our interpretation.  Please understand that this Tshuva may not be the final word on this topic. One should consult a Rav before drawing any conclusions.

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Sun, 27 Dec 2009 03:00:00 -0800
Chelkas Yaakov - Lechem Mishna On Matza Or Challah Missing A Small Piece? http://revach.net/article.php?id=321 http://revach.net/article.php?id=321

If the Matzos are broken a little bit around the sides it is still regarded as a Shalem for Lechem Mishnah paskens the Chelkas Yaakov (92). The reason that we need Lechem Mishnah is because we need a Challah that is Chashuv and a Challah that is missing a small piece does not lose its Chashivus. Although there are some Acharonim that are machmir, since the Mitzvah of Lechem Mishnah is only M'Derabanan one can be lenient.

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Fri, 25 Dec 2009 03:00:00 -0800
Rav Moshe Feinstein: Davening On An Airplane http://revach.net/article.php?id=336 http://revach.net/article.php?id=336

If a person needs to daven on an airplane it is permitted to daven Shomeh Esrei sitting down if standing up is difficult and it will disturb him from davening with the proper Kavanah. However he should stand up prior to the parts of the Shomeh Esrei that require bending down. After he bends down he may sit down again. If the plane lands before the end of the Zman Tefillah he is not obligated to daven again even though he davened while sitting. (Igros Moshe OC 4:20)

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Thu, 24 Dec 2009 03:00:00 -0800
Tzitz Eliezer: A Blind Man At The Kosel http://revach.net/article.php?id=4240 http://revach.net/article.php?id=4240 The Shulchan Aruch paskens (OC 561:1) that when a person sees the Kosel he must tear Kria.  What about a blind person, must he tear kria when coming to the Kosel even if he cannot actually see it?

The Tzitz Eliezer (16:39) brings from the Tal Chaim a similar question.  The gemara (Moed Katan 19) says that if you see a Sefer Torah burning you must tear kria.  The Tal Chaim says since the gemara uses the word HaRo'eh he who sees, and not HaOmed he who is present, we see that when it says the word HaRoeh, like by the Kosel, it depends on actually seeing and it is not sufficient to be cognizant of being present at that time.

Moreover says the Tzitz Eliezer, even a person whose eyes are perfectly healthy can and is standing by the kosel but he doesn't actually see because his view is obstructed, he also does not tear kria.  Even being able to see is not enough, only the actual seeing is.

Important Note: We try to convey the Tshuva to the best of our ability. We admit that our understanding may not be accurate. One should learn the tshuva to verify the accuracy of our interpretation.  Please also understand that this Tshuva may not be the final word on this topic. One should consult a Rav before drawing any conclusions.

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Mon, 21 Dec 2009 03:00:00 -0800
Shevet HaKehosi: Can You Erase Hashem's Name If It Is Written As A Single Letter Daled or Hey? http://revach.net/article.php?id=414 http://revach.net/article.php?id=414

The Rema paskens (YD 276:10) in the name of the Terumas HaDeshen that one can only erase Shem Hashem written (usually in Siddurim) as two letter "Yud"s if really necessary. The Shevet HaKehosi (4:256b) says that if the letters Dalet or Hey are used to indicate Hashem's name, you are permitted to erase it. He brings a "Raya" from the Tosfos in Shevuos that says although the gemara says that every time it says the name "Shlomo" in Shir HaShirim it refers to Hashem nevertheless you are permitted to erase it.

If so what is special about two yud's that you are only allowed to erase it "L'tzorech Gadol"? The Terumas HaDeshen says (2:171) that Tosfos says in the name of R. Chananel that you cannot erase the name of "Havaya" or of "Adnus" even if only the first two letters are written (i.e. Alef Dalet or Yud and Hey). Therefore says the Terumas HaDeshen that when there is two Yuds since the Yud is the first letter of Hashem's name it is better not to erase. But it is permissible "L'Tzorech" because it is only one letter of Hashem's name (not two) and it is followed by another Yud that is not part of Hashem's name.

Disclaimer: We try to convey the Tshuva to the best of our ability. We admit that our understanding may not be accurate. Please also understand that this Tshuva may not be the final word on this topic. One should consult a Rav before drawing any conclusions.

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Sun, 20 Dec 2009 03:00:00 -0800
Rav Shlomo Zalman Auerbach: When The Chosson & Kallah Make An Unexpected Detour During A Chanukah Wedding http://revach.net/article.php?id=4235 http://revach.net/article.php?id=4235 A person is supposed to light Neiros Chanuka in his home.  What should a Chosson do on the night of his chasuna?  Before the Chasuna when it is time to light he does not have his own home and his place is in his father's home.  However while the night is still young he gets married and is no longer part of his father's home.  Must he light in his new home that night?

Rav Shlomo Zalman Auerbach (Halichos Shlomo 2:14:14) says that since he is in his father's home when the Zman for Hadlaka begins he should light there.  However, if the Chupah takes place before shkia then he is no longer part of his father's home and cannot be yotzei in that house.  In that case, after the Chupah and before the Seuda, the Chosson and Kallah should go to their new home and have a light Seuda to establish their residence.  After that the Chosson should light the Menorah and they return to the wedding.

Important Note: We try to convey the Tshuva to the best of our ability. We admit that our understanding may not be accurate. One should learn the tshuva to verify the accuracy of our interpretation.  Please also understand that this Tshuva may not be the final word on this topic. One should consult a Rav before drawing any conclusions.

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Thu, 17 Dec 2009 03:00:00 -0800
Rav Vosner: Are Woman Obligated To Say Hallel On Chanuka? http://revach.net/article.php?id=4227 http://revach.net/article.php?id=4227 Even though it is a Mitzvas Aseh SheHaZman Grama, the gemara (Shabbos 23a) says that women are obligated in the Mitzva of Ner Chanuka since they were part of the miracle.  What about Krias Hallel, are they obligated to recite it on Chanuka?

Rav Vosner (Shevet HaLevi 1:205 683) brings from the Sdei Chemed that one gadol had a dilemma and it is seems from the Rambam that women are patur from Hallel as they are on Rosh Chodesh.  

However Rav Vosner says that it seems from Tosfos (Succah 38a Mi) that they must say Hallel on Chanuka.  Tosfos says that although women are patur from Hallel on Succos they are chayav to say Hallel on Pesach night.  Tosfos's reason is that they are obligated to drink the Four Kosos, and the whole point of the kosos is to say Hallel on a Kos.

The reason why Pesach is different, says Tosfos, is because the reason we say it is to celebrate the Nes, which women were part of.  If so then it is also possible to say that the Hallel on Chanuka is to celebrate the Nes and therefore women are obligated to say Hallel just like they are obligated to light candles.

Important Note: We try to convey the Tshuva to the best of our ability. We admit that our understanding may not be accurate. One should learn the tshuva to verify the accuracy of our interpretation.  Please also understand that this Tshuva may not be the final word on this topic. One should consult a Rav before drawing any conclusions.

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Mon, 14 Dec 2009 03:00:00 -0800
Chanuka: Why Don't Women Light The Menorah? Should They? http://revach.net/article.php?id=3160 http://revach.net/article.php?id=3160 Themitzva of Mehadrin requires each person in the house to light their owncandles.  If so, why don't women, who are obligated in Ner Chanukah,light their own candles?  The Mishna Brura (675:9) brings from the OlasShmuel that a married women is like her husband, so she doesn't light. Even single girls are batel to the men in this respect, and do notlight. 

Why are women batel to men when it comes to NerChanuka if they are also obligated?  The Chasam Sofer (Shabbos 21b)explains that since Ner Chanuka is performed outside in the street, itis not Tzanua for a woman to light her candles among the men.  Ratherthey should listen to men from inside the house.

The PiskeiTshuvos (671:2) brings the Mishmeres Shalom (48:2) that says that ifthere are only women in the house, then in fact, all of them shouldlight.  However even in this case it is customary for only the motherto light and be Motzi the rest of the girls.

Important Note: We try to convey the Tshuva to the best of ourability. We admit that our understanding may not be accurate. Pleasealso understand that this Tshuva may not be the final word on thistopic. One should consult a Rav before drawing any conclusions.

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Sun, 13 Dec 2009 03:00:00 -0800
Rav Shlomo Zalman Auerbach: Disposable Ready Made Neiros Chanukah http://revach.net/article.php?id=4221 http://revach.net/article.php?id=4221 There is a machlokes whether you may use a throw away cup for Kiddush on Shabbos.  What about Neiros Chanuka, may you use the throw away glasses that come complete with oil and wick inside and are disposed each day?

The Halichos Shlomo (2:15:5) writes that Rav Shlomo Zalman Auerbach was matir L'chatchila.  In the footnotes below it explains that the whole question is based on whether it is nice for the mitzva of Chanuka to use a throw away item.  Since this throw away item is made special for use on Chanuka Rav Shlomo Zalman holds that it is permissible without any reservation.

The Minchas Yitzchok however holds that the problem with a throw away items is that it may not be considered a Keili.  To this Rav Shlomo Zalman says that a Keili is not subject to the criteria of multi-use.  The question is looking at the Keili itself is it sufficient to be considered a vessel.

Important Note: We try to convey the Tshuva to the best of our ability. We admit that our understanding may not be accurate. One should learn the tshuva to verify the accuracy of our interpretation.  Please also understand that this Tshuva may not be the final word on this topic. One should consult a Rav before drawing any conclusions.

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Fri, 11 Dec 2009 03:00:00 -0800
Tzitz Eliezer: Can A Doctor Tell A Chosson That His Kalla Cannot Have Children or Vice Versa? http://revach.net/article.php?id=1340 http://revach.net/article.php?id=1340 A Doctor performed surgery on a 19 year old girl who had no reproductive organs whatsoever.  The successful operation artificially built enough of her anatomy to enable her to have relations.  The girl pleaded with the Doctor not to reveal to the boy about her condition and the boy didn't inquire.  He asked Rav Eliezer Yehuda Waldenberg zt"l if he was required to proactively tell the boy the situation (Tzitz Eliezer 16:4).

There are three issues involved in telling the boy.  1.  The question of Lashon Hara.  2.  The girl's request not to disclose.  3.  The oath of confidentiality that every Doctor makes about becoming a Doctor.  The Tzitz Eliezer paskens that in this case all hurdles are cleared and the Doctor must tell the boy.

  1.  Lashon Hara - In a lengthy discussion he says that on the contrary, by not telling the boy the Doctor would be oveir the Lav of "Lo Sa'amod Al Dam Rei'acha"; do not stand on your brother's blood.  This aveira applies even for financial loss and certainly in this case where the consequences to his future are very grave.  He calls this "leading the ox to the slaughterhouse".
  2. The Girl's request - Even if the Doctor assured the girl he would not divulge this information he must do so.  Even if he swore it would not be effective because an oath to violate a Mitzva is not valid.  Moreover this would only have been a promise so he is obligated to save the boy.
  3. The Doctor's Professional Oath - Here lays the only hitch.  Since he oath covers both permissible cases and cases where he would be oveir an aveira be keeping his oath, therefore Halachicly the oath is valid.   However says the Tzitz Eliezer he still is obligated to be "Matir Neder" to nullify the oath in order to save the boy. (He does add that possibly he never made the oath intending cases like this and therefore is not bound in this case.)

His final Psak is that the Doctor is obligated to tell the boy and for good measure should do Hataras Nedarim before three people on his professional oath. 

He does however advise, as a practical matter, that it is best to tell the girl know, as gently as possible, that he will inform the boy.  This way she may agree to tell him personally and save herself tremendous embarrassment.  This psak he says applies in the reverse situation as well.

Disclaimer: We try to convey the Tshuva to the best of our ability. We admit that our understanding may not be accurate. Please also understand that this Tshuva may not be the final word on this topic. One should consult a Rav before drawing any conclusions.

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Wed, 09 Dec 2009 03:00:00 -0800
Rav Moshe Shternbuch: Is It A Mitzva To Attend The Funeral Of A Non-Jew? http://revach.net/article.php?id=4218 http://revach.net/article.php?id=4218 The Bais Yosef (YD 367) brings from the Kol Bo that there is a mitzva to be Melavah an Akum four amos.  The Bais Yosef explains that this refers to Chasidei Umos HaOlam because they have a Cheilek of Olam Haba. 

Rav Moshe Shternbuch (1:721) brings the Rambam who says that this is only if the Akum kept the 7 Mitzvos Bnei Noach.  Moreover he needed to have kept them because that is what Hashem wanted and not merely as a humanitarian gesture.  However says Rav Shternbuch, from the words of the Bais Yosef it seems that any Akum who is kind to Am Yisroel has this status, as long as he in fact keeps the 7 mitzvos, even if it isn't Lishma.

From here we learn, says Rav Shternbuch, that any Akum that was good to Am Yisroel, not only could we pay him his last respects, but it is even a mitzva to do so.  This will also show our Hakoras HaTov and make a Kiddush Hashem.

Important Note: We try to convey the Tshuva to the best of our ability. We admit that our understanding may not be accurate. One should learn the tshuva to verify the accuracy of our interpretation.  Please also understand that this Tshuva may not be the final word on this topic. One should consult a Rav before drawing any conclusions.

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Tue, 08 Dec 2009 03:00:00 -0800
Bais Ovi - Covering Plastic Knives By Birchas Hamazon http://revach.net/article.php?id=1575 http://revach.net/article.php?id=1575 Before Birchas HaMazon during a weekday meal the Shulchan Aruch says (OC 180:5) that there is a Minhag to cover all knives on the table.  What about a plastic knives?  Must they be covered as well?

Rav Yitzchok Isaac Liebes zt"l in Shu"t Bais Ovi says that the Mishna Brura (11) brings two reasons from the Bais Yosef why knives need to be covered.  One reason is that our table is compared to a Mizbei'ach.  The mizbei'ach lengthens a person's life and iron which is used to shape weapons shortens a persons life. Therefore as soon we finish eating and have no use for the knife, we cover it.  Accordingly a plastic knife does not need to be covered. The second reason is that once a person became so distraught over the Churban when saying U'Vinei Yerushalayim that he grabbed a knife from the table at stabbed himself in the stomach.  Therefore as a precautionary measure we remove all the knives from plain view.  According to this says the Bais Ovi, even plastic knives should be covered.

He brings another reason from the Mekubalim for covering the knives.  The four items on the table during the meal are Sakin (knife), Mayim (water), Oichel (food), Lechem (bread).  The Roshei Teivos spell out the name of the evil malach Sama-el (Samech, Mem, Alef, Lamed).  As soon as we finish eating we hide the Samech (Sakin/Knife) and introduce the letter Kuf for Kos Shel Bracha, a cup of wine for Birchas HaMazon.  The new combination of letters spells out Michoel, the name of the malach of Rachamim.

Disclaimer: We try to convey the Tshuva to the best of our ability. We admit that our understanding may not be accurate. Please also understand that this Tshuva may not be the final word on this topic. One should consult a Rav before drawing any conclusions.

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Mon, 07 Dec 2009 03:00:00 -0800
Rav Moshe Feinstein - Visiting & Relocating Kevarim Of Parents http://revach.net/article.php?id=4212 http://revach.net/article.php?id=4212 Someone's parents were buried in a faraway land that made it very difficult for the children who lived in New York to visit the graves in accordance with their minhag.  Rav Moshe Feinstein was asked (Igros Moshe YD 2:162) if under the circumstances it would be permissible to move them to New York where the whole family currently resided.

Rav Moshe said that it was pashut that they may not do this.  The reason for this move was not Kavod HaMeis, but rather to make it easier for the children.  This is not permissible.  Moreover he brings the Arizal who says that one should never go visit a cemetery in general, not even to visit the graves of their parents.

Even if the whole world has a minhag to do this and considers it Kavod HaMeis, says Rav Moshe, this is not Kavod HaMeis by halacha which only allows moving a grave for Kavod HaMeis to move the grave next to the niftar's parents.  Not everything the world decided to call Kavod HaMeis changes the halacha, especially in light of the opinion of the Arizal.

A number of years ago during the intifada Rav Yitzchok Mordechai Rubin was asked by someone if he should persuade his parents to sell their plot on Har HaZeisim and buy one in Har HaMenuchos where it would be easier for the son to visit.  His answer was an unequivocal and resounding, no!  Har HaZeisim is a Makom Kadosh from Tanach whereas HaMenuchos has no such stature.  Secondly he said, how do you know what will be years from now.  Lastly he said, your parents will be fine and they don't need you to visit!

Important Note: We try to convey the Tshuva to the best of our ability. We admit that our understanding may not be accurate. One should learn the tshuva to verify the accuracy of our interpretation.  Please also understand that this Tshuva may not be the final word on this topic. One should consult a Rav before drawing any conclusions.

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Sun, 06 Dec 2009 03:00:00 -0800
Rav Binyomin Zilber: Where To Light Candles At Separate Seating Shabbos Seudah http://revach.net/article.php?id=2432 http://revach.net/article.php?id=2432 A Woman is supposed to light candles in the place where the family will eat Seudas Shabbos.  What happens if there is a Simcha on Shabbos and the men and women will eat in separate rooms?  Where should she light candles, by her husband or by the women’s’ section where she will eat?

Rav Binyomin Zilber in Shu”T Uz Nidbiru (13:3) says that he once paskened that as far as the halachos of candle lighting is concerned there is no difference.  However out of respect for her husband a woman should light in where the men will eat.  He then goes on to say that he now thinks the best thing to do is to make a bracha and have in mind to light in both places and then go light in both places without talking or making any hefsek in between.

Important Note: We try to convey the Tshuva to the best of our ability. We admit that our understanding may not be accurate. Please also understand that this Tshuva may not be the final word on this topic. One should consult a Rav before drawing any conclusions.

This article has not been reviewed by the posek of the AskRevach section, Rav Peretz Moncharsh.  Any questions regarding this topic and Halacha L’Maaseh may be asked to him at www.revach.net/ask
 

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Fri, 04 Dec 2009 03:00:00 -0800
Sridei Eish: Can a Jew Who is Married to a Non-Jew Count Towards a Minyan? http://revach.net/article.php?id=156 http://revach.net/article.php?id=156  The Shulchan Aruch (OC 54:11) says anyone who has committed aveirios can be counted for a minyan provided that he wasn't excommunicated.  Adds the Pri Migadim that this applies only if the aveira was committed for sheer pleasure (L'Tei'avon) but if he committed aveiros spitefully (L'Hach'is) he cannot be counted.

In the case of a Jew marrying a gentile, although this would be considered L'Tei'avon and he was not excommunicated, nevertheless says the Sridei Eish, he cannot be counted for a minyan since he deserves to be excommunicated.  The fact that today Bais Din does not wield the necessary power does not let him off the hook.  Therefore we view him as if he were excommunicated and exclude him. (Chashukei Chemed - Shabbos 116a)

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Thu, 03 Dec 2009 03:00:00 -0800
Rav Moshe Shternbuch: Meat at a Morning Bris? http://revach.net/article.php?id=1557 http://revach.net/article.php?id=1557 In Teshuvos V'Hanhagos (2:285) Rav Shternbuch writes that although it is a mitzvah to have meat at a Seudas Bris, if meat is very expensive then it is permissible not to have meat in order not to embarrass those who cannot afford to serve meat at their Bris.  He justifies this aberration because he says that nowadays even Kings do not eat meat for breakfast and therefore it is not a Bizayon to the Seudas Mitzva to have non-meat menu.  He also brings from the Eretz Chaim in the name of the Maharan Azulai that in certain countries there was a minhag to serve fish instead of meat at a morning Bris in order not embarrass those who could not afford meat.

Fast forward to his Teshuva 3:294 where Rav Shternbuch quotes his earlier Psak and questions it.  The mitzva of Bris Milah is referred to by the word "Sason".  Sason, explains the Vilna Gaon means happiness expressed outwardly, as opposed to the word "Simcha" which means inward happiness; in the heart.  This outward expression of happiness is manifested by a great banquet in honor of the mitzva and therefore he says, one should be Makpid to serve meat at a Bris.  This he says is the opinion of the Maharsham as well as the Brisker Rav.

Rav Shternbuch in his sensitivity to those who cannot afford to pay for a "Fleishig" Bris, recommends inviting fewer people but not compromising on the menu.

Disclaimer: We try to convey the Tshuva to the best of our ability. We admit that our understanding may not be accurate. Please also understand that this Tshuva may not be the final word on this topic. One should consult a Rav before drawing any conclusions.

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Tue, 01 Dec 2009 03:00:00 -0800
Rivevos Ephraim: Too Busy To Daven Mincha http://revach.net/article.php?id=4198 http://revach.net/article.php?id=4198 If you forget B'Ones to daven Mincha you may daven Shmoneh Esrei by Maariv twice.  Rav Ephraim Greenblatt in Rivevos Ephraim (1:166) says that the Acharonim hold that even if you are in middle of a business deal and you will lose money of you stop to daven, that is also considered an Ones and you may continue your dealings and daven Shmoneh Esrei by Maariv twice.  Moreover says Rav Greenblatt even if you will not lose money only profit, it is still considered an Ones.

However asks Rav Greenblatt, what happens if you had the whole afternoon to daven but decided to wait for later.  Only when later came you found yourself caught up in business.  Is that also considered an Ones?  Even in this case he says that you are an Ones.  The fact that you did not daven earlier does not make you negligent since you had every reason to believe you will daven later.  Not that you became busy you are considered an Ones.

In order not to face this situation, the Rivevos Ephraim suggests to schedule yourself to daven an early Mincha leaving plenty of time in case of emergency business concerns.

Important Note: We try to convey the Tshuva to the best of our ability. We admit that our understanding may not be accurate. One should learn the tshuva to verify the accuracy of our interpretation.  Please also understand that this Tshuva may not be the final word on this topic. One should consult a Rav before drawing any conclusions.

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Mon, 30 Nov 2009 03:00:00 -0800
Shevet HaKehosi: A Mezuza For Your Office Door? http://revach.net/article.php?id=1445 http://revach.net/article.php?id=1445

The Shuchan Aruch (YD 286:22) says that if you rent or borrow an apartment you are obligated to put on a Mezuza after 30 days if it is located in Chutz LaAretz. If the apartment is in Eretz Yisroel you are obligated to put up a mezuzah immediately. Your office, says the Shevet HeKehosi (4:263), is loaned to you and therefore in principal you are required to put up a mezuzah on the door.

However, he adds, you are not the sole interest in your office and the owner of the business is a "Shutaf" in it as well. Therefore if it is a Jewish owned office you need to put up a mezuzah. However if the owner is not Jewish you are patur since "Shutfus" of a Goy exempts you from the obligation of putting up a Mezuza according to the Rema (YD 286:1) and most poskim (although some argue).

Disclaimer: We try to convey the Tshuva to the best of our ability. We admit that our understanding may not be accurate. Please also understand that this Tshuva may not be the final word on this topic. One should consult a Rav before drawing any conclusions.

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Sun, 29 Nov 2009 03:00:00 -0800
Rav Moshe Shternbuch: Stopping Work To Go To A Levaya? http://revach.net/article.php?id=4191 http://revach.net/article.php?id=4191 The Halacha is that a person is Mivatel his Torah to go to a Levaya or a Chasuna.  We are not noheg like that today and Rav Moshe Shternbuch (4:213) brings down a number of reasons why.  But what about those of us who are not in Kollel or Yeshiva.  Shouldn't we need to stop our work to go to a levaya in the city or a chasuna?

Rav Shternbuch says that he is MiSupak if a working person needs to stop work, even though halachicly even someone learning must attend.  The reason why someone learning Torah must stop his learning is because while learning Torah is a mitzva so is Levayas HaMeis.  In that case the halacha is that the mitzva of levaya takes precedence.  The Gemara (Minachos 99b) says "Bitula Zehu Yesoda" sometimes being Mivatel Torah is its further establishment and Hashem approves of the Bitul.

However when it comes to losing money, who said it is an obligation to attend.  The gemara (Kidushin 33b) says that Kavod Talmid Chochom does not require losing money.  If the whole city is at a standstill and you have no business anyway during that time then you are obligated to go but otherwise you may continue with your job.  

Important Note: We try to convey the Tshuva to the best of our ability. We admit that our understanding may not be accurate. One should learn the tshuva to verify the accuracy of our interpretation.  Please also understand that this Tshuva may not be the final word on this topic. One should consult a Rav before drawing any conclusions.

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Wed, 25 Nov 2009 03:00:00 -0800
Shevet HaKehosi: Can You Be Yotzei With A Bracha From Someone Who Doesn't Speak Clearly? http://revach.net/article.php?id=1725 http://revach.net/article.php?id=1725 The Shulchan Aruch says (OC 53:12) that someone who has a speech impediment and cannot, while reading, correctly differentiate between the letters Aleph and Ayin should not be a Chazan.  Although we cannot differentiate between these letters it is permissible to be a Chazan since this Halacha doesn't apply if everyone has the same problem.  What is more problematic however is some who cannot properly pronounce the letter "Shin" and reads instead "Sin".  Another example is someone who cannot properly pronounce "Ches" and instead reads "Hey", or someone who slurs and swallows words.

The Mishna Brura brings the Pri Chadash who holds that if there is no one who is more qualified to be Chazan than the person with the speech impediment can be the Chazan.  However this is only a temporary solution.  Such a person cannot be appointed as the official Chazan.  The Pnei Moshe disagrees and says such a person may not be Chazan even occasionally.

From here the Shevet HaKehosi (5:30) concludes that if someone needs to be yotzei with a bracha he should try to find someone who speaks clearly.  Only if they cannot should they rely on listening to a bracha not pronounced clearly.

Disclaimer: We try to convey the Tshuva to the best of our ability. We admit that our understanding may not be accurate. Please also understand that this Tshuva may not be the final word on this topic. One should consult a Rav before drawing any conclusions.

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Tue, 24 Nov 2009 03:00:00 -0800
Rav Moshe Feinstein: Blood For Money http://revach.net/article.php?id=4184 http://revach.net/article.php?id=4184 There is an issur for a person to injure himself.  Although it is a Machlokes in the Gemara, the Rishonim pasken that a person is not the owner of his own body to cause it harm.  What about donating blood?  If there is someone in need then there is no question.  But what if a person wants to donate it to a blood bank in return for money, may he do so? 

Rav Moshe Feinstein (Igros Moshe CM 1:103) says that he may and we should not try to stop him.  The reason is that even though you may not harm yourself in order to profit, when it comes to bloodletting it is a different story.  In times long gone by, bloodletting was a common therapy to cure people of their ills.  The gemara talks about the ins and outs of bloodletting in great detail. 

Rav Moshe says that even though our physiology has changed and bloodletting is no longer considered therapeutic, nevertheless it has not changed that much and there still must be some sort of hidden benefit involved.  Furthermore, says Rav Moshe, the procedure had become so simple and pain free that it is possible that it would not be considered harming yourself.  Rav Moshe does not condone this and ends by saying that if someone chose to donate blood to a bank, we should not protest because there is great logic behind the heter.

Important Note: We try to convey the Tshuva to the best of our ability. We admit that our understanding may not be accurate. One should learn the tshuva to verify the accuracy of our interpretation.  Please also understand that this Tshuva may not be the final word on this topic. One should consult a Rav before drawing any conclusions.

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Mon, 23 Nov 2009 03:00:00 -0800
Chelkas Yaakov: Washing Your Hands Inside A Bathroom http://revach.net/article.php?id=1220 http://revach.net/article.php?id=1220 The Shulchan Aruch paskens (OC 4:18) that when you go out of a bathroom you need to wash your hands.  The Pri Megadim says this applies even if you do not use the facilities or even touch anything with your hands.  The question then arises if there is a sink and cup inside the bathroom what good does it do for you to wash your hands in the bathroom if as soon as you leave you need to wash it again?

The Chelkas Yaakov (OC 2) explains that washing your hands after using the facilities which is because of cleanliness.  Therefore it is assur to say a Bracha until you have washed your hands.  However the reason for washing hands for merely being physically present in a bathroom is because of a Ruach Ra'a.  Although you must wash Netilas Yadayim to rid yourself of this Ruach Ra'a it is permissible to make a Bracha even if you haven't done so.

Therefore if you are in a situation where the only place to wash your hands is inside the bathroom you are permitted to use the facilities, wash your hands inside, and then make brachos and even daven afterward.  When you have an opportunity to wash outside of the bathroom you must do so to rid yourself of the Ruach Ra'a.

Disclaimer: We try to convey the Tshuva to the best of our ability. We admit that our understanding may not be accurate. Please also understand that this Tshuva may not be the final word on this topic. One should consult a Rav before drawing any conclusions.

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Sun, 22 Nov 2009 03:00:00 -0800
Rav Moshe Shternbuch on Inducing Childbirth http://revach.net/article.php?id=1422 http://revach.net/article.php?id=1422 In this very unequivocal Tshuva (1:894) Rav Moshe Shternbuch says that you should not induce labor "Chas V'Shalom".  Hashem has scheduled the baby to come out exactly at the right time and it should not be influenced by a doctor's schedule.  The additional time may help the baby complete development of its body or mind.  Additionally, the baby's Mazal is dependent on its coming out in the appropriate time. 

He says in the name of the Arizal that you should not write a K'meiya for a woman to speed childbirth because it can alter the baby's mazal and cause it a life of poverty, pain and early death.

He quotes an Igros Moshe (YD 2:74) that says that all child birth is life threatening.  Although bringing yourself into a life threatening situation is not permitted, since it is the nature of the world, a woman is permitted to get pregnant.  However, to induce labor before the natural time is tampering with nature and it is prohibited to put yourself in this  dangerous predicament.

If the doctor says that it is dangerous to the mother or the baby to wait then it is certainly permitted to take the baby out by any means.

Disclaimer: We try to convey the Tshuva to the best of our ability. We admit that our understanding may not be accurate. Please also understand that this Tshuva may not be the final word on this topic. One should consult a Rav before drawing any conclusions.

 

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Thu, 19 Nov 2009 03:00:00 -0800
Rav Yisroel Yaakov Fisher - Accidentally Exchanging Coats & Scarves In Shul http://revach.net/article.php?id=4173 http://revach.net/article.php?id=4173

What happens if you take a coat to Shul and when you come out your coat is not there but a another coat just like it is?  Are you allowed to take that coat or not?

 

Rav Yisroel Yaakov Fisher (Even Yisroel 8:96) says that you may take the other coat for two reasons.  Firstly, if you are not sure it is yours because it does not have a Siman, there is halachic grounds to assume that it is yours because you left one there just like.  Secondly he says, even if you know it is not yours, you may still take it because the real owner, who took your coat by accident, wants to let you use it so that you will let him use yours.

 

Hebrings a Raya from the Mishna in Succah that says that when the firstday of Succos came out on Shabbos everyone would bring their Lulavim on Erev Shabbos to Har Habayis.  The next morning the Gaba'im would throw them to the crowd.  Everybody would grab a Lulav and each person was mochel the person who took theirs, granting their lulav to him B'Matana.  This way they are yotzei with a Lulav that halachicly belongs to them.


Important Note: We try to convey the Tshuva to the best of ourability. We admit that our understanding may not be accurate. One should learn the tshuva to verify the accuracy of our interpretation.  Pleasealso understand that this Tshuva may not be the final word on thistopic. One should consult a Rav before drawing any conclusions.

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Wed, 18 Nov 2009 03:00:00 -0800
Tzitz Eliezer: How To Deal With A Parent Who Has Gone Mad http://revach.net/article.php?id=1896 http://revach.net/article.php?id=1896 The gemara says (Kedushin 31b) says that Rav Asi had an old mother who made all sorts of bizarre requests.  He did what he could until it became impossible and then he ran away since he could not properly fulfill his mitzva of Kibbud Eim.  The Rambam learns from here that when it becomes impossible to deal with a parent you should leave the parent in someone else's care rather than violate Kibbud Av V'Eim.

The Raavad and others asks on the Rambam and say that if the parent needs someone to watch over them because of their condition, it is critical that the children care for their parent since they can care for them better than anyone else.  With regard to the problem that the child cannot fulfill every request, the Bach explains that it is not a problem since the parent is not of sound mind the child is not obligated to fulfill every request anyway.  The only obligation is to give the parent basic care and keep them out of harm's way.

The Tzitz Eliezer (12:59) explains that there is no Machlokes.  The Rambam paskens that the child should run away only if the care that the parent needs is something that the child is forbidden to administer.  For example a child may not tie down a parent who has gone mad nor may the child exert any physical force.  If this kind of care is required the child must hire someone else to do it.  Otherwise no matter how difficult it is to deal with the parent and no matter what kind of the demands the parent makes, if the parent needs to be watched, the child is the most appropriate candidate for giving the best possible care to the parent and should not leave them in someone else's hands even according to the Rambam.

 Disclaimer: We try to convey the Tshuva to the best of our ability. We admit that our understanding may not be accurate. Please also understand that this Tshuva may not be the final word on this topic. One should consult a Rav before drawing any conclusions.

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Tue, 17 Nov 2009 03:00:00 -0800