Ask The Rabbi Book 3b - Eretz Hemdah

ERETZ HEMDAH INSTITUTE164.165.166.167.168.Guidelines regarding Tzar Baalei Chaim-cruelty toanimalsBackground and guidelines regarding the prohibition ofTzar Baalei ChaimFishing with a hookWhich animals Shiluach Haken applies toCaring for animals on Shabbat249251253254255JEWISH THOUGHT & .180.181.182.183.184.185.186.Sources on balancing Bitachon and HishtadlutHalachic Attitude Towards Cloning and Stem CellresearchNature of the Halachic rule that "its ways are ways ofpleasantness"Judaism and the ZodiacThe Halachic status of Energy HealingCustom of wearing a red string given out at the KotelPictures of the sun, moon, and starsThe Ice AgeChazal and scienceQuestions regarding Judaism and artThe Torah’s perspective on slavery in contemporarysocietyContemporary significance of remembering AmalekOrthodoxy and the modern worldContemporary relevance of a groom’s exemption fromthe armyThe relationship between the authority of the Tanachand the TalmudWho is authorized to be a Posek (Halachic decisor)?Halachic perspective on honoring a living willDonating a 5291293295MISCELLANEOUS LAWS:187.Details regarding the Mitzvah to stand for a Talmid297

ASK THE RABBI .200.201.202.Chacham or the elderlyOwning angel figurines or pictures of angelsShaatnez in a couchText of the Hadran one recites upon the completion ofthe MishnahWhy a Jew may not participate in a non-Jewish funeralWhat to do if one’s parents’ Hebrew names areunknownProper Teshuva for getting a tattooChoosing between attending a Brit or a Bar MitzvahAuthors of TehillimWhen one is allowed to say only parts of PesukimPermissibility of lift and cut shaversDisposing of Challah from Hafrashat ChallahHalachic status of the “Bodies” exhibitWhether practicing vegetarianism constitutes a NederWhether one should wash hands after giving bloodWhen one is required to pick up food from the 9

ERETZ HEMDAH INSTITUTETHE LAWS OF SHABBAT1

ASK THE RABBI III1. Running for Pleasure on ShabbatQuestion: I am an avid runner. I do not run simply for fitness, but Itruly enjoy it. I derive great pleasure from running. Am I permittedto run on Shabbat?Answer: Strictly speaking, there is no prohibition to run forenjoyment on Shabbat. Only if it is done for fitness is there aformal prohibition. However, the application of when it isappropriate to run is a serious question of the atmosphere ofShabbat. This question breaks up into two parts; public and private.Shabbat is a day which puts a stress on limiting physicalexertion and having it give way to rest and, more importantly, tospiritual elevation. Spending a day, or a good part of it, on seriousrunning is less than optimal. On the other hand, I am not so naiveas to believe that anyone who isn’t busy running, is busy engagingin Torah study or spiritual introspection all day. So, from thisperspective, it is hard to give practical advice without knowing youand the practical alternatives of refraining from serious running.A similar situation exists on a communal level. For respectedmembers of the community to be seen in full weekday runninggear, involved publicly in that which is perceived as a veryweekday–like activity, is something that may raise eyebrows.Whether or not they are aware of the great pleasure you personallyderive from the activity, the special atmosphere of Shabbat whichhopefully exists in your community on at least some level, may beaffected. Even if it is affected slightly, this is an issue, especiallybecause public activities may create snowball effects. In thisregard, it would be particularly important to confer with a localrabbi to receive his appraisal of the situation.In my running days, I used to enjoy the mental discipline andwillpower it took to keep on going well after part of me wanted tostop. I would like to think that some of that discipline has assistedme in my Torah studies to continue learning even when part of mewas interested in stopping or taking a longer break than necessary.While Shabbat is not the time to work on mental discipline, it2

ERETZ HEMDAH INSTITUTEmight be particularly appropriate for someone who has experiencein that skill to turn his focus to rigorous Torah study even whenpart of him, and perhaps his friends and family, are pulling himtowards other pursuits.3

ASK THE RABBI III2. Asking a Non-Jew to Do a Psik-Reisha onShabbatQuestion: In my apartment building, the front lobby has a lightwhich automatically goes on in the evening hours when a personcomes through the entrance, and passes in the range of a sensor.(From my observation it seems impossible to avoid being in thisrange). There is another source of light present in the lobby whichwould enable someone to see where they are going even withoutthis light. You had answered in the name of Rav Wosner, that inthese circumstances it is preferable (unless it is a sha’at hadchak)not to pass through this lobby on Friday night if this light will beactivated by going through. One should wait for a non-Jew to gothrough first. Can one actively request the non-Jewish doorman towalk in front of the light in order to activate it?Answer: The Rema (253:5) writes that it was the custom for nonJews to place pots on the cold oven, and then light the fire in orderto heat the pots. Even though this is a psik reisha and forbidden fora Jew, it is permitted, since it is performed by a non-Jew. Similarly,it is permissible to ask the doorman to enter because psik reisha ispermitted when asking a non-Jew to do the act.Sources: Shulchan Aruch, Orach Chaim 253:5. Rema and MishnaBerura ibid 99, Sefer Melachim Omnayich pg.265.4

ERETZ HEMDAH INSTITUTE3. Umbrellas on ShabbatQuestion: I understand that using an umbrella on Shabbos that wasopened prior to Shabbos is prohibited by the poskim due to maarisayin. Can a person therefore use a “Shabbos umbrella” on Shabbosthat always remains open and never closes to avoid maaris ayinissues?Answer: It has already been accepted by klal Yisrael to forbid theopening or carrying of an umbrella on Shabbat (Noda B’Yehuda,Orach Chaim 30). The reason is that according to halacha it is likebuilding a temporary tent on Shabbat. (According to the Rif this isa Torah based prohibition). Even if the umbrella is opened beforeShabbat it is forbidden to carry on Shabbat for two reasons:A: Marit ayin (giving the appearance of a forbidden act).B: The possibility that it is considered building a temporarystructure: Opening the umbrella is not what makes it forbidden,rather, the lifting and placing the umbrella over one’s head.Similarly, the Shulchan Aruch (Orach Chaim 301:40) prohibitswearing a hat with a brim wider than a tefach.It should be mentioned that the Noda B’Yehuda hesitates withregards to whether lifting the umbrella above one’s headconstitutes constructing a temporary structure.Your solution does not solve the problem of marit ayin and, inaddition, because the prohibition of building may apply, onecannot permit the use of umbrellas.For these reasons, the Rabbis ruled that the use of umbrellas onShabbat is prohibited even in places where there is a lot of rain,and this custom is widespread. (Shut Yechaveh Daat 4:43 &Mishpetei Uziel 14).Beyond the halachic reasons, the fact that the prohibition ofumbrellas is so widely and unanimously accepted in thecommunity means that it would be problematic to contradict thiscustom even if one had halachic basis to do so. The statement“don’t change a custom in order not to cause dispute” (Pesachim50b) applies here.5

ASK THE RABBI III4. Shehecheyanu Upon Beginning to LightShabbat CandlesQuestion: Does a kallah on the first Shabbos following herwedding make "shehecheyanu" on the candles on Friday night?(Most meforshim seem to say to not make the beracha, but thereappears to be two conflicting views brought down in the TaameiHaMinhagim both in the name of the Ya’avetz).Answer: The Ya’avetz writes in his sefer1 that it would seem that awoman should make a “shehechiyanu” the first time she performsthis mitzva. However there is a big debate whether we make a“shehecheyanu” on every mitzva the first time we do it. There aresome who say that she should make a “shehechiyanu”,2 and thereare some that dispute this3. The poskim of our generation wrote thatshe should not recite “shehecheyanu”, and if she wishes to do so,she should eat a new fruit or wear new clothing so that she canrecite “shehecheyanu” for both together.41Dinei Erev Shabbos.Shut Chatam Sofer, Orach Chaim 55.3Magen Avraham, Orach Chaim 22:1, Biur Halacha ibid.4Tzitz Eliezer 13:24, Mishne Halachot 6, Shmirat Shabbat K’hilchataVol.2 pg.57, and others.26

ERETZ HEMDAH INSTITUTE5. Lactose Pills on ShabbatQuestion: In order to properly digest milk, I need to take lactosepills. Would it be permitted to take such pills on Shabbat in light ofthe issur refuah?Answer: It is permitted to take lactose pills on Shabbat, because thepurpose of the medication is preventative and not to cure (SeferRefuat Shabbat & Tzitz Eliezer 11:37).7

ASK THE RABBI III6. Questions Regarding MuktzehQuestion: Is tiltul min hatzad (moving muktzeh indirectly) allowedfor any reason other than the use of the non- muktzeh item-i.e. canyou use tiltul min hatzad to remove unwanted muktzeh?Also, do doors ever become a bassis for a d’var muktzeh?Answer: Answer to first question:Tiltul min hatzad, moving with the help of another object, ispermissible for the need of a permissible thing. For example, it ispermitted to move bones that are not fitting for food consumptionoff of one’s table, with the help of a knife, if you want the table toclean. But if you do this so that the muktzeh object will not bedamaged or because you need the muktzeh object in a differentplace, then it is forbidden to move even via tiltul min hatzad(Shulchan Aruch 311:8).Answer to second question:A door can never become a bassis l’davar hamuktzeh (a base for amuktzeh object), because a door is an important feature of thehouse that it serves, and thus the muktzeh on the door isunimportant relative to the door and becomes batel, nullified, to it(See Mishna B’rurah 277:7 and Shmirat Shabbos K’Hilchita20:74).8

ERETZ HEMDAH INSTITUTE7. Causing Melacha to be Performed in aTime Zone Where it is Still ShabbatQuestion: Is one permitted to cause a melacha to be performed onShabbat, if he is in a place where it is no longer Shabbat (such asafter Shabbat in Israel, causing a melacha to take place on Shabbatin America)? If this is prohibited, may one visit websites that arebased in America on Motzei Shabbat in Israel, or is this consideredcausing a melacha to take place?Answer: The fact that melacha is done on Shabbat in America isnot a problem. However, if it causes a Jew to respond or otherwisedo melacha on Shabbat, then that is a problem (of lifnei iver).9

ASK THE RABBI III8. Communicating with Someone When it isStill Shabbat in His Time ZoneQuestion: If someone has non-religious relatives in another timezone, is he allowed to 'talk' with them online when it isn't Shabbatfor him but is for them? Is there any difference taking into accountthat he may be their only religious link/outlet and they may takeoffense to his reluctance to communicate with them because of'religious issues'?Answer: One must not dial or answer a phone call or an internetcall when it is Shabbat on the other end of the line. If there is needfor one to spiritually educate one’s relatives then one must find thetime and the methods to do so without transgressing prohibitionssuch as lifnei iver (putting a stumbling block in front of a blindperson). For more on this issue see Shut Minchat Shlomo (1, siman35), as well as in Shut BeMareh HaBazak, vol. 1, answer 37, and invol. 5, answer 52.10

ERETZ HEMDAH INSTITUTE9. Keeping a Website Open on Shabbat andHaving a Non-Shomer Shabbat PartnerQuestion:1. A Jew has a website where people can order products and payfor them using a credit card. Is it permitted to allow this websiteto operate on Shabbat, or must the “store” be prevented fromperforming sales on Shabbat?2. If it is permitted to allow the store to remain open on Shabbat, afurther question: the Jew’s partner is not shomer Shabbat, andwhen orders arrive on Shabbat, he may begin to process themon Shabbat. Are you allowed to participate in this partnershipwith him? Must you make some arrangement to avoid profitingfrom his business activities performed on Shabbat?Answer:1. There are a number of halachic problems with leaving aninternet site open on Shabbat if Jews are likely to visit the site:the prohibition of placing “a stumbling block before a blindperson”, of facilitating someone transgressing the laws of theTorah and of receiving income on Shabbat (which is alsorelevant to payment from non-Jews). Discussions relating to allthe above prohibitions are written in great detail in our bookShut BeMareh HaBazak volume 5. Also see Techumin 19 p.349, which discusses a similar issue. Even though there is logicto be stringent and forbid the opening of the site on Shabbat,since it would be difficult and would cause significant financialloss, the site may remain open. If it is possible to buy theseproducts on other internet sites (belonging to non-Jews) there iseven more room to be lenient and leave the site open onShabbat.2. Regarding partnership with someone who is not shomerShabbat, see Shut Be’er Moshe 5:97:22, who writes that oneshould be stringent. However, it is written in Shut MelamedL’Hoil, Orach Chaim (1:34) that one should begin thepartnership anew, dividing it up so that the partner who isshomer Shabbat will not receive the profits from Shabbat. Inturn, he will take the profits of another day of the week.11

ASK THE RABBI IIIThere are some who prohibit naming the firm after the onewho is shomer Shabbat (lest one think he is profiting from thebusiness on Shabbat). However the Melamed L’Hoil writes that, ifnecessary, it is permitted to keep the name of the firm in his name.All this is in the case of absolute necessity, when one’sincome is dependent on it. However, if one has a choice, it ispreferable not to join a partnership of this kind.12

ERETZ HEMDAH INSTITUTE10. Properly Operating a Website onShabbatQuestion: In answer to "when is it Shabbat on the internet?"(Jewish Star, Dec. 1, 2006) Rabbi Carmel states that the owner of acommercial website does not need to close the site on Shabbos aslong as he does not make money during that time.That sounds either like a legal fiction or an oxymoron.In the final analysis, if business is transacted and profitsaccrue at some time and place along the worldwide web, what sortof sophisticated bookkeeping would sort out when it is Shabbos atthe seller's location and not at the buyer's (if the buyer is evenJewish)? Even with the services of a Shabbos goy, wouldn't thesite-owner ultimately pocket the profits?There's something about the original answer that doesn't seemkosher and your comments would be appreciated.Answer: There are a number of problematic points in operating awebsite on Shabbat. Two of them directly relate to commercialactivity:A. Commercial activity is prohibited on Shabbat due to the verse"nor pursuing thy business, nor speaking thereof" (Yishaya 58,13) from which Chazal learn that a person may not look into hisassets on Shabbat. This prohibition is not connected to a person'sfinancial gain but rather to the very dealing and participation insomething with commercial and financial content.According to most poskim, the owner of a commercial websiteis not transgressing this prohibition since he is totally passive.However, in order to meet the terms of all of the opinions, itwould be proper to ensure that customer's credit cards are notbilled until Motzei Shabbat, and that this is clearly stated on thewebpage. This adaptation is uncomplicated and requires onlyminor adjustments of the website's program – and the paymentcan be postponed to a time when it is no longer Shabbat in anypart of the world.13

ASK THE RABBI IIIB. Chazal prohibited the receipt of payment for work done onShabbat, even for activities that are permitted on Shabbat, andthis includes not receiving salary for watching over someoneelse's belongings on Shabbat. This prohibition applies even ifthe payment is made on a weekday, due to the fact that the workpaid for was done on Shabbat. This prohibition applies also toreceiving salary for services provided over the internet.It is permitted to receive a monthly/annual payment for theright to access the website, due to the fact that Shabbat salary canbe absorbed into a larger payment - and in this way there is noprohibition.However, it is prohibited to receive unique payment for thesupply of information, or for watching a movie etc., because this issimilar to receiving payment for renting things out on Shabbat.This is also the case regarding a virtual market that receivespercentages from every transaction made in it. Receipt of uniquepayment or percentages will only be permitted if the site isoperated in partnership with a non-Jew so that each partner owns iton alternating days. This means that the one-time profits made onShabbat will be given to the non-Jewish partner, while, inexchange, the Jewish partner will receive the one-time profits madeon another day of the week1. This calculation can also be doneautomatically, after the necessary adjustments to the program aremade. Only in a situation of great distress and serious losses can itbe permitted to operate without such a partnership.To summarize: Credit billings must be done only on MotzeiShabbat, and this must be announced on the website. In the case ofa website providing a service that can only be paid for on anindividual use basis, or a website that collects a percentage fromevery transaction, the payments must be divided in an alternatingday partnership with a non-Jew, and only in a situation of greatdistress and serious losses can it be permitted to operate withoutsuch a partnership.1The non-Jewish partner must be a real partner in the company and not afictitious partner.14

ERETZ HEMDAH INSTITUTEFor in-depth perusal of the sources and poskim see ourpublication Shut BeMareh HaBazak Vol. 5, pages 89-100 whichdeal with this topic.15

ASK THE RABBI III11. Working as an Airport Security Officer,on ShabbatQuestion: I am an El-Al ground security officer somewhere inEurope. I was recently told that we will soon be responsible for t

THE LAWS OF YOM TOV: 42. Guidelines for an Israeli in Chu”l for Yom Tov Sheni 58 43. Having a non-Jew attend a business show on one’s behalf, on Yom Tov 60 44. Blowing the Shofar on the left side of one’s mouth 62 45. How to properly wash hands on Yom Kippur 63 46. Using mouthwash on Yom Kippur 64