Daily Halacha Podcast - Daily Halacha By Rabbi Eli J. Mansour

Verfügbare Folgen

5 von 25

Is One Allowed to Keep Other Items With the Tefillin in the Tefillin Bag?
The Shulhan Aruch (Orah Haim 42:3) writes that if one keeps his Tefillin in a bag which is exclusively designated for Tefillin, then once he placed his Tefillin in the bag, he may not then use the bag to keep money inside it. The bag at that point becomes a "Tashmish Kedusha" – an article designated for the purpose of a sacred article – and thus may not be used for money. The Mishna Berura (Rav Yisrael Meir Kagan of Radin, 1839-1933) clarifies that the Shulhan Aruch mentions money only as a common example, and in truth, this Halacha applies to all items which are not sacred like Tefillin. Even things which are used for a Misva – such as a Siddur or Tehillim – may not be placed in the bag designated for Tefillin. Likewise, one may not keep in this bag the mirror he uses to help position the Tefillin on his head, or the marker he uses to paint his Tefillin. Many people keep their small Tefillin bag in a larger bag, which is used also for their Tallit and Siddur. Since this larger bag is not designated exclusively for Tefillin, it may be used for other items, even items which are not used for a Misva, such as money. This Halacha is discussed by Hacham David Yosef (contemporary) in his Halacha Berura (vol. 3, p. 301; listen to audio recording for precise citation). Summary: A bag which is designated exclusively for Tefillin may not be used to hold anything else, even a Siddur. However, if one keeps his Tefillin bag in a larger bag together with his Tallit and Siddur, then since the larger bag is not designated exclusively for Tefillin, he may keep anything else – even money – in that larger bag.
--------
When Does a Mourner Resume Wearing Tefillin?
The Shulhan Aruch (Orah Haim 38:5) writes that a mourner does not wear Tefillin on the first day of mourning. If, for example, one's family member passed away, Heaven forbid, on Sunday night, and the funeral takes place on Monday, the mourner does not wear Tefillin on Monday, and he resumes wearing Tefillin on Tuesday. Often, the burial takes place the day after the passing. Hacham David Yosef (contemporary), in his Halacha Berura (vol. 3, p. 215), brings different views among the Poskim as to when the mourner resumes wearing Tefillin in such a case. The Maharit Sahalon (1559-1638) maintained that if the burial takes place the day after the death, then the mourner wears Tefillin after the burial, that same day. Since this is not the day of the loved one's passing, Tefillin is required. Others, however, including the Elya Rabba (Rav Eliyahu Shapira, Prague, 1660-1712), Mas'at Binyamin (Rav Binyamin Aharon Selnik, Poland, 1530-1620) and Peri Megadim (Rav Yosef Ben Meir Teomim, 1727-1792), disagreed. In their view, the day of the burial is treated like the day of death, and so the mourners do not wear Tefillin that day. As for the practical Halacha, Hacham Ovadia Yosef ruled that given the difference of opinion among the Poskim, in such a case one should wear Tefillin on the second day, but in private, and without reciting the Beracha. An exception to this rule is when the family member passed away on Shabbat, and is buried on Sunday. Since the burial cannot take place on Shabbat, Shabbat is not considered the first day of mourning. Therefore, Tefillin are not worn the following day, Sunday, even after the burial. This is the ruling of Hacham Ovadia Yosef (Yabia Omer, vol. 2, Y.D. 27:8), based on the Kanhag ("Kenesset Ha'gedola," Rav Haim Benveniste, Turkey, 1603-1673). On the second day of mourning, the mourner must not put on his Tefillin until after Netz Ha'hama (sunrise). This is because fundamentally, Tefillin are not worn even on the second day, but due to the rule of "Miskat Ha'yom Ke'kulo" ("part of the day is like the entirety of the day"), the mourner waits a few moments into the second day, and then resumes wearing Tefillin. Thus, on the day after the burial, the mourner must ensure not to put on Tefillin before sunrise. In the wintertime, sunrise can be as late as 7:20am or so, and so mourners must be cognizant of this Halacha and make a point of not putting on their Tefillin on the day following the burial until after sunrise. Summary: Mourners do not wear Tefillin on the first day of mourning; they resume wearing Tefillin after sunrise on the day following the burial. If the burial did not take place on the day of the family member's death, then the mourner puts on Tefillin after the burial, in private and without a Beracha, unless the family member died on Shabbat and was buried on Sunday, in which case the mourner does not put on Tefillin until after sunrise on Monday morning.
--------
When Should A Mourner Begin To Sit Shiva If Remaining Out Of Town Away From The Place of The Funeral and Burial
A situation recently arose concerning a family in Montreal who lost a relative, Heaven forbid, living in Miami. The family in Montreal did not to travel to join the other relatives at the funeral, which was held two days later, and they therefore faced the question of when to begin Aveilut (mourning). Does the period of Aveilut begin only after the funeral, in which they case they should call the relatives in Miami to find out when the funeral concluded and then begin Aveilut, or should they begin immediately? Although generally mourning observances begin only after the funeral, perhaps in this case, when the relatives are not attending the funeral, they should begin observing Aveilut immediately upon hearing of the unfortunate news. This issue is subject to a debate among the Halachic authorities. Many authorities, including the Sedei Chemed (Rabbi Chayim Chizkiya Halevi, Israel, 1832-1904) and Rabbi Shlomo Zalman Auerbach (Israel, 1910-1995), ruled stringently, and held that the period of Aveilut cannot begin until after the funeral. Others, however, including Rabbi Moshe Feinstein (Russia-New York, 1895-1986), in his Iggerot Moshe (Yoreh Dei'a, vol. 1, 253), held that relatives who do not travel to the funeral begin observing Aveilut immediately upon learning of the passing. This is the view taken by Rabbi Shemuel Wosner (contemporary, Israel), in his work Shevet Ha'levi. Rabbi Shemuel Pinchasi, in his work Chayim Va'chesed (3:13), cites both opinions. Chacham Ovadia Yosef (ibid) ruled that in situations where Yom Tov begins after the person's death but before the funeral, relatives who do not travel for the funeral may follow the lenient position and begin the Aveilut immediately. In such a case, following the stringent view would require delaying Aveilut until after Yom Tov, which might cause considerable difficulty. A person in this situation may therefore follow the lenient position and begin Aveilut immediately upon hearing of the relative's passing, such that the onset of Yom Tov will cancel the rest of Aveilut. In all other situations, however, Chacham Ovadia requires delaying Aveilut until after the funeral. As for the final Halacha, from my consultation with several leading Rabbis in our community it emerges that we follow the lenient view, and allow mourners who are in a different city and are staying there, to begin observing Aveilut immediately. This applies to all cases of a person who does not attend a relative's funeral when in a distant location. Summary: If a person loses a family member, Heaven forbid, in a distant location, and he does not travel to the funeral, some authorities maintain that he may begin Aveilut immediately, whereas others require that he delay Aveilut until after the funeral. The general practice in our community is to allow the individual to begin Aveilut immediately.
--------
Birkat Kohanim During the Seven Days of Mourning
The custom of the Sepharadim is to conduct the Birkat Kohanim service during the Shaharit prayer as usual in the house of an Abel (mourner) during the seven days of mourning. However, if the Abel himself is a Kohen, he should not recite Birkat Kohanim. He should instead leave the room at that point in the service, and not participate in the Beracha. If no Kohanim are present in the house of the Abel, or if the community follows the custom not to recite Birkat Kohanim in a house of mourning, then the Hazan recites the passage, "Elokenu V'Elokeh Abotenu Barechenu Ba'beracha Ha'meshuleshet…" in place of Birkat Kohanim. If a mourner who is a Kohen prays in the synagogue on Shabbat during the seven-day mourning period, then he should leave the synagogue at the time of Birkat Kohanim, rather than participate with the other Kohanim. However, if there are no other Kohanim present in the synagogue, then he should recite Birkat Kohanim. In such a case, refraining from reciting Birkat Kohanim would make a public spectacle of the Abel's status of mourning. On Shabbat it is forbidden for a mourner to observe "Abelut Be'farhesya" – public expressions of mourning, and he should therefore recite Birkat Kohanim in the synagogue on Shabbat if no other Kohanim are present. If there are other Kohanim, however, then his non-participation is not readily noticeable, and he should therefore not take part in the Beracha. A Kohen who is a mourner resumes his regular participation in Birkat Kohanim immediately after the seven-day mourning period. No distinction is made in this regard between mourning for parents and mourning for other relatives; in either instance, he resumes his participation in Birkat Kohanim upon the completion of the seven days. Summary: The custom among Sepharadim is to recite Birkat Kohanim in a house of mourning, but if the mourner is a Kohen he should leave the room and not recite Birkat Kohanim. On Shabbat during the seven days of mourning, a mourner who is a Kohen does not recite Birkat Kohanim unless there are no other Kohanim in the synagogue. The mourner resumes his participation in Birkat Kohanim immediately after the seven days.
--------
A Mourner’s Exemption From Misvot Before the Burial as it Applies to Sissit, Charity, Berachot and Sefirat Ha’omer
A person who loses an immediate relative, Heaven forbid, has the status of "Onen" from the time of the family member's passing until the burial. During this period of "Aninut," he is exempt from all Misvot, including the recitation of Berachot. In order to ensure that he focuses his attention fully on the burial needs of the deceased, Halacha exempts an Onen from Misva obligation. In fact, it is improper for an Onen to perform Misvot, as this diminishes from his focus upon the needs of the deceased. One exception to this rule is wearing a Tallit Katan. Rav Shlomo Zalman Auerbach (Jerusalem, 1910-1995) ruled that since the Tallit Katan is part of the mourner's normal attire, he may wear it even as an Onen, as it will not diminish from his focus on the burial. This is no different, Rav Shlomo Zalman noted, from Misvot that one fulfills in his thoughts, which may be fulfilled during the period of Aninut. May an Onen give charity? Rav Shlomo Zalman ruled that if an Onen wishes to give charity to benefit the soul of the deceased, then not only is this permissible, but to the contrary, it fulfills the objective of Aninut, which is to care for the needs of the deceased. It would therefore certainly be appropriate and even admirable for an Onen to give charity to benefit the soul of his deceased family member. If an Onen mistakenly recites a Beracha, those who hear the Beracha should not answer "Amen." Since the Beracha was unwarranted and should not have been recited, it does not warrant the response of "Amen." This is the view of Tosafot (Talmud commentaries by Medieval French and German scholars) in Masechet Mo'ed Katan (28). If a person becomes an Onen, Heaven forbid, during the period of Sefirat Ha'omer, may he count the Omer, so that he will not miss a full day of counting? In most cases, this question does not arise, because a person does not normally remain an Onen for an entire twenty-four-hour period. If a family member passed away at night, before one counted the Omer, it is likely that the burial will take place before sundown the following day, in which case he should count the Omer after the burial, when he is no longer an Onen. He would count the Omer without a Beracha, just as one does if he forgot to count at night and counts during the day. The question arises, however, in a situation where the burial did not take place before sundown on the following day, such that one remained an Onen throughout the 24 hours when the Omer could have been counted. If he does not count the Omer at some point during that day, he will then be unable to continue counting with a Beracha. Is he allowed to count the Omer despite his status as an Onen, or must he miss a day of counting? The Bei'ur Halacha (commentary by Rav Yisrael Meir Kagan of Radin, 1839-1933), in Siman 489, cites the view of the Noda B'yehuda (Rav Yechezkel Landau of Prague, 1713-1793) allowing an Onen to count the Omer without a Beracha in such a case, so that he does not miss an entire day of counting. Hacham Ovadia Yosef, however, disagrees, noting that if an individual is exempt from the obligation of Sefirat Ha'omer, then even if he counts, he will be considered to have missed a day of counting. If one counts the Omer when the Misva does not apply to him, then he is not considered as having fulfilled that day's obligation of counting, since he did not perform a Halachically mandated counting. As such, he will in any event be considered to have missed a day. Therefore, according to Hacham Ovadia, one should not count the Omer in a state of Aninut, even if this means that he will be unable to continue counting with a Beracha. Hacham Ovadia notes that this is the view taken by several other authorities, including the Shalmeh Sibur and Rav Haim Palachi. Summary: A person who loses an immediate relative, Heaven forbid, should not perform Misvot or recite Berachot until after the burial. If he mistakenly recites a Beracha, those who hear the Beracha should not answer "Amen." He may, however, wear a Tallit Katan, and give charity to benefit the soul of the deceased. If this happens during the Omer period, he should not count Sefirat Ha'omer, even if this means that he will miss a full day and thus be unable to continue counting with a Beracha. In most cases, however, the burial will take place before sundown, thus allowing the mourner to count the Omer before the end of the day.
--------