Volume 38: Number 33
Mon, 11 May 2020
Subjects Discussed In This Issue:
Message: 1
From: Prof. L. Levine
Date: Mon, 11 May 2020 15:43:13 +0000
Subject: [Avodah] Haircuts Tonight ? on the Night of LaG BaOmer
From
https://vosizneias.com/2020/05/11/haircuts-tonight-on-the-night-of-lag-baomer/?utm_source=feedburner&;utm_medium=email&utm_campaign=Feed%3A+vin+%28Vos+Iz+Neias%29
While each person should ask his own Rav or Posaik, it is the generally
accepted view to wait until the actual day of Lag BaOmer for the haircut
and unless one is at the wedding itself, to listen to music only at
daytime. If there are other reasons to be lenient ? a Rav should be
consulted.
See the above URL for much more.
YL
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Message: 2
From: Prof. L. Levine
Date: Mon, 11 May 2020 14:01:11 +0000
Subject: [Avodah] What is the reason behind the minhag to light
From today's OU Kosher Halacha Yomis
A. Lag B?omer is the yahrtzeit of Rebbi Shimon bar Yochai (the great Tanna
and Kabbalist, who authored the Zohar). In a letter written in 1489, Rav
Ovadya Mi?Bartenura reports seeing a multitude of torches lit on Lag B?omer
at the grave of Rebbi Shimon bar Yochai in honor of his yahrtzeit. Just as
there is a custom to light a candle for the neshama of a relative on his or
her yahrtzeit, so too there is a custom to light torches by the grave of
Rebbi Shimon bar Yochai on his yahrtzeit. The Aruch Hashulchan (OC 493:7)
writes that Lag B?omer was also the day that Rebbi Shimon bar Yochai was
able to exit the cave where he had been hiding for twelve years. For the
same reason, there is a minhag to light bonfires throughout Eretz Yisroel
on Lag B?omer in honor of Rebbi Shimon bar Yochai. While it is more common
in Israel, some light candles or bonfires outside of Israel as well.
Many other reasons are offered for this minhag. Here are some:
1. The Bnei Yisaschar (Iyar 3:6) writes that on the day Rebbi Shimon bar
Yochai passed away, the sun did not set until Rebbi Shimon bar Yochai
finished teaching the hidden secrets of the Torah to his students. To
remember this miraculous event, we light bonfires at night to brighten
the sky as though it is still day.
2. The Bnei Yisaschar (Iyar 3:3) also writes that there were many hidden
secrets revealed that day that lit up the world. We therefore light fires
on this day as a remembrance of the light of his Torah.
3. The Gemara relates that when Rebbi Shimon bar Yochai emerged from the
cave, wherever he gazed was consumed by fire because of his great
spiritual level. Because he left the cave on Lag B?omer, we light fires
to commemorate that miracle.
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Message: 3
From: Rich, Joel
Date: Mon, 11 May 2020 03:18:35 +0000
Subject: Re: [Avodah] Street Minyanim
You might find the following analysis of interest. Having listen to a
number of shiurim i?ve come to the conclusion that while there are
technical points to debate , the mega shaat hadechak issue looms large
https://aiayk.org/wp-content/uploads/2020audio/VYK4.30.20HaRavShmuelGelley.mp3
HARAV SHMUEL GELLEY-PORCH AND ZOOM MINYANIM
Kt
Joel rich
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Message: 4
From: Micha Berger
Date: Mon, 11 May 2020 17:43:10 -0400
Subject: Re: [Avodah] What is the reason behind the minhag to light
On Mon, May 11, 2020 at 02:01:11PM +0000, Prof. L. Levine via Avodah wrote:
> From today's OU Kosher Halacha Yomis
> A. Lag B?omer is the yahrtzeit of Rebbi Shimon bar Yochai...
Maybe. It's "yom *simchas* RSBY", and "shemeis" is apparently a
transcription error during the history of copying the Peri Eitz Chaim.
(That's according to R Yaaqov Hillel, Seifer Shaar haTefillah, who worked
off RCVital's handwritten manuscript.)
The notion that he happily joined his Maker is only one possible peshat.
The argument in favor: Rashbi told his talmidim that he looked forward
to the day of his death like it would be the day of his wedding, and
they should celebrate it rather than mourn it.
The Chida writes in Birkhei Yoseif that tlag LaOmer is the Rashbi's
yahrzeit. But in Ma'aret Ayin (29 years later) he lists this as one
of the mistakes he made when writing BY.
Tir'u baTov!
-Micha
--
Micha Berger Today is the 32nd day, which is
http://www.aishdas.org/asp 4 weeks and 4 days in/toward the omer.
Author: Widen Your Tent Netzach sheb'Hod: What type of submission
- https://amzn.to/2JRxnDF really results in dominating others?
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Message: 5
From: Micha Berger
Date: Mon, 11 May 2020 18:32:56 -0400
Subject: Re: [Avodah] Street Minyanim
On Sun, May 10, 2020 at 10:11:49PM +0100, Chana Luntz via Avodah wrote:
> On the topic of street minyanim, and with the general back and forth on how
> to rule (I have written something on mail-jewish on this)...
Check out R' Gil Student's article on the subject.
https://www.torahmusings.com/2020/04/are-porch-minyanim-kosher/
Eh, I'll just include it here.
Tir'u baTov!
-Micha
Torah Musings
Are Porch Minyanim Kosher?
Apr 20, '20
by R. Gil Student
I. Pesach, Prayer and Bentching
In the current phase of the Coronavirus pandemic, all shuls around the
world are closed and nearly every Jew globally is praying without a
minyan. Even during its strictest period, the Israeli government
allowed a few minyanim to continue under health department guidelines.
In the US, I know of a family with ten adult men (a grandfather, father
and eight sons above 13) who continue praying as a minyan. A widely
discussed option is for neighbors to pray together on their front or
back porchs, without anyone leaving their own property. Every community
will have its own concerns about local health guidelines and the
ability to consistently follow them, as well as anti-semitism that may
be flamed by even perfectly legal and healthy minyanim. Setting all
that aside, I would like to discuss whether in theory, if not in
practice, neighbors can join together as a minyan, everyone remaining
on their own property. The matter is less simple than many people think
and is discussed by many recent responsa specifically related to
Coronavirus.
The issue begins with a Mishnah (Pesachim 85b) discussing the
definition of a house, inside which a Pesach sacrifice must be eaten on
the first night of the holiday and from which the meat may not be
removed. The Mishnah says that the house is defined as from the doorway
and inside. In the Gemara, Rav adds that the same applies to prayer but
R. Yehoshua Ben Levi disagrees. Tosafos (ad loc., s.v. ve-khen) explain
that the disagreement is about answering the prayer of a minyan if you
are outside. According to Rav, you must be inside even to answer
Kaddish and the like. According to R. Yehoshua Ben Levi, whom we
follow, you may answer even if you are outside but there must still be
a minyan inside. Therefore, if you are in the doorway or inside (i.e.
if the door closes and you are inside) then you can be counted for a
minyan. This would seem to limit a minyan to people inside one room,
even though anyone outside can join the prayers if there is a minyan in
the room.
Rav Shlomo Ben Aderet (Rashba, 13th cen., Spain; [51]Responsa, vol. 1,
no. 96) suggests comparing counting for a minyan for prayer to counting
for a zimun for bentching. In the latter, the Mishnah (Berakhos 50a)
says that if two groups are eating in different places in a house, as
long as they can see each other they can count together for a zimun.
Rashba says that this doesn't mean specifically in one house but as
long as some of the people in each group can see some people from the
other group, they all count together. Therefore, Rashba suggests, the
same may apply for a minyan. Even if people are in different buildings,
as long as they can see each other then they count for a minyan.
However, Rav Shlomo Ben Shimon Duran (Rashbash, 15th cen., Algeria;
Responsa, no. 37) rejects this suggestion. He says that zimun is
referring to two groups that each have enough people but want to join
together as one group. That cannot be compared to half a minyan in one
room and half in another room. Among Rishonim and Acharonim, the
overwhelming majority rule strictly like Rashbash and not like Rashba's
suggestion. (Although Pri Chadash, Orach Chaim 55:12 and Pri Megadim,
Mishbetzos 55:12 follow Rashba.) Because of this consensus against
Rashba, under normal circumstances you need ten men within the room in
order to constitute a minyan. The question of porch minyanim boils down
to whether we can rely on Rashba in a case of great need.
II. Modern Rulings
Rav Chaim Yosef David Azulai (Chida, 18th cen., Israel; [52]Machazik
Berakhah 55:11) discusses a case of quarantine in Italy, in which
guards would not allow people in two adjacent houses to mix. Chida felt
that if the four men of one family could stand outside the open door of
the second house which had six men so that they can all see each other,
even though the four are forbidden to enter the house, they could join
as a minyan based on Rashba's condition of being able to see each
other. However, his colleague Rav Yosef Chazan (18-19th cen., Turkey;
[53]Chikrei Lev, Orach Chaim 1:28) argues at length against following
this difficult minority opinion, even in a case of quarantine.
Citing this Chikrei Lev and many other similar strict rulings, Chief
Sephardic Rabbi of Israel, Rav Yitzchak Yosef, in a [54]recent
responsum forbids participation in a porch minyan (but allows answering
amen if such a minyan is taking place). Similarly, Rav Hershel
Schachter in a [55]recent responsum distinguishes between prayer (which
is a davar she-bi-kdushah) to a zimun (which is not), and therefore
forbids porch minyanim. Rav Schachter points to a contradiction within
Bi'ur Halakhah whether to follow Rashba or Rashbash and concludes that
we cannot rely on Rashba even in a time of great need.
Rav Asher Weiss, in a [56]recent responsum, allows relying on Rashba's
leniency in this time of great need and permits porch minyanim if
people can see each other (setting aside the issues mentioned at the
beginning of this essay). However, he points out that even regarding
zimun, you cannot join together with someone across a street.
Therefore, all the porches must be on the same side of the street. Rav
Moshe Sternbuch, in a [57]recent responsum, rules leniently also but
adds another leniency -- if the people are standing on porches 10
tefachim above street level, then they can join even across the street.
In a responsum unrelated to Coronavirus, Rav Yitzchak Zilberstein was
asked whether Jewish guards and prisoners, who are forbidden to mix,
can join for a minyan through prison bars ([58]Chashukei Chemed,
Pesachim 85b). Rav Zilberstein says that you can rely on the Chida but
is not entirely comfortable relying on it for people in a holding cell,
who will only be there for a short time. It seems that he would rule
leniently for those in long-term quarantine.
Rav Shlomo Miller, [59]in a recent responsum, takes a middle position.
He tentatively approves of porch minyanim but, out of caution, does not
allow any prayer that requires a minyan -- such as Torah reading and
the repetition of the Amidah -- except for Kaddish and Kedushah, which
he allows.
Because this is so current a question, I urge everyone to ask their
rabbi before putting anything into practice, especially considering the
other very important considerations mentioned above.
#[1]Torah Musings ? Feed [2]Torah Musings ? Comments Feed [3]Torah
Musings ? Are Porch Minyanim Kosher? Comments Feed [4]alternate
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Are Porch Minyanim Kosher?
Posted by: [43]Gil Student in [44]Coronavirus, [45]Halachah Musings,
[46]Magazine, [47]Musings, [48]Posts Apr 20, 20 [49]2 Comments
[50]Print Friendly, PDF & Email Print Friendly, PDF & Email
by R. Gil Student
I. Pesach, Prayer and Bentching
In the current phase of the Coronavirus pandemic, all shuls around the
world are closed and nearly every Jew globally is praying without a
minyan. Even during its strictest period, the Israeli government
allowed a few minyanim to continue under health department guidelines.
In the US, I know of a family with ten adult men (a grandfather, father
and eight sons above 13) who continue praying as a minyan. A widely
discussed option is for neighbors to pray together on their front or
back porchs, without anyone leaving their own property. Every community
will have its own concerns about local health guidelines and the
ability to consistently follow them, as well as anti-semitism that may
be flamed by even perfectly legal and healthy minyanim. Setting all
that aside, I would like to discuss whether in theory, if not in
practice, neighbors can join together as a minyan, everyone remaining
on their own property. The matter is less simple than many people think
and is discussed by many recent responsa specifically related to
Coronavirus.
The issue begins with a Mishnah (Pesachim 85b) discussing the
definition of a house, inside which a Pesach sacrifice must be eaten on
the first night of the holiday and from which the meat may not be
removed. The Mishnah says that the house is defined as from the doorway
and inside. In the Gemara, Rav adds that the same applies to prayer but
R. Yehoshua Ben Levi disagrees. Tosafos (ad loc., s.v. ve-khen) explain
that the disagreement is about answering the prayer of a minyan if you
are outside. According to Rav, you must be inside even to answer
Kaddish and the like. According to R. Yehoshua Ben Levi, whom we
follow, you may answer even if you are outside but there must still be
a minyan inside. Therefore, if you are in the doorway or inside (i.e.
if the door closes and you are inside) then you can be counted for a
minyan. This would seem to limit a minyan to people inside one room,
even though anyone outside can join the prayers if there is a minyan in
the room.
Rav Shlomo Ben Aderet (Rashba, 13th cen., Spain; [51]Responsa, vol. 1,
no. 96) suggests comparing counting for a minyan for prayer to counting
for a zimun for bentching. In the latter, the Mishnah (Berakhos 50a)
says that if two groups are eating in different places in a house, as
long as they can see each other they can count together for a zimun.
Rashba says that this doesn't mean specifically in one house but as
long as some of the people in each group can see some people from the
other group, they all count together. Therefore, Rashba suggests, the
same may apply for a minyan. Even if people are in different buildings,
as long as they can see each other then they count for a minyan.
However, Rav Shlomo Ben Shimon Duran (Rashbash, 15th cen., Algeria;
Responsa, no. 37) rejects this suggestion. He says that zimun is
referring to two groups that each have enough people but want to join
together as one group. That cannot be compared to half a minyan in one
room and half in another room. Among Rishonim and Acharonim, the
overwhelming majority rule strictly like Rashbash and not like Rashba's
suggestion. (Although Pri Chadash, Orach Chaim 55:12 and Pri Megadim,
Mishbetzos 55:12 follow Rashba.) Because of this consensus against
Rashba, under normal circumstances you need ten men within the room in
order to constitute a minyan. The question of porch minyanim boils down
to whether we can rely on Rashba in a case of great need.
II. Modern Rulings
Rav Chaim Yosef David Azulai (Chida, 18th cen., Israel; [52]Machazik
Berakhah 55:11) discusses a case of quarantine in Italy, in which
guards would not allow people in two adjacent houses to mix. Chida felt
that if the four men of one family could stand outside the open door of
the second house which had six men so that they can all see each other,
even though the four are forbidden to enter the house, they could join
as a minyan based on Rashba's condition of being able to see each
other. However, his colleague Rav Yosef Chazan (18-19th cen., Turkey;
[53]Chikrei Lev, Orach Chaim 1:28) argues at length against following
this difficult minority opinion, even in a case of quarantine.
Citing this Chikrei Lev and many other similar strict rulings, Chief
Sephardic Rabbi of Israel, Rav Yitzchak Yosef, in a [54]recent
responsum forbids participation in a porch minyan (but allows answering
amen if such a minyan is taking place). Similarly, Rav Hershel
Schachter in a [55]recent responsum distinguishes between prayer (which
is a davar she-bi-kdushah) to a zimun (which is not), and therefore
forbids porch minyanim. Rav Schachter points to a contradiction within
Bi'ur Halakhah whether to follow Rashba or Rashbash and concludes that
we cannot rely on Rashba even in a time of great need.
Rav Asher Weiss, in a [56]recent responsum, allows relying on Rashba's
leniency in this time of great need and permits porch minyanim if
people can see each other (setting aside the issues mentioned at the
beginning of this essay). However, he points out that even regarding
zimun, you cannot join together with someone across a street.
Therefore, all the porches must be on the same side of the street. Rav
Moshe Sternbuch, in a [57]recent responsum, rules leniently also but
adds another leniency -- if the people are standing on porches 10
tefachim above street level, then they can join even across the street.
In a responsum unrelated to Coronavirus, Rav Yitzchak Zilberstein was
asked whether Jewish guards and prisoners, who are forbidden to mix,
can join for a minyan through prison bars ([58]Chashukei Chemed,
Pesachim 85b). Rav Zilberstein says that you can rely on the Chida but
is not entirely comfortable relying on it for people in a holding cell,
who will only be there for a short time. It seems that he would rule
leniently for those in long-term quarantine.
Rav Shlomo Miller, [59]in a recent responsum, takes a middle position.
He tentatively approves of porch minyanim but, out of caution, does not
allow any prayer that requires a minyan -- such as Torah reading and
the repetition of the Amidah -- except for Kaddish and Kedushah, which
he allows.
Because this is so current a question, I urge everyone to ask their
rabbi before putting anything into practice, especially considering the
other very important considerations mentioned above.
2020-04-20
[60]Gil Student
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About Gil Student
Rabbi Gil Student is the Publisher and Editor-in-Chief of
TorahMusings.com, a leading website on Orthodox Jewish scholarly
subjects, and the Book Editor of the Orthodox Union's [64]Jewish Action
magazine. He writes a [65]popular column on issues of Jewish law and
thought featured in newspapers and magazines, including [66]The Jewish
Link of New Jersey, [67]The Jewish Echo and [68]The Vues. In the past,
he has served as the President of the small Jewish publisher Yashar
Books and as the Managing Editor of OU Press. Rabbi Student serves on
the Executive Committee of the [69]Rabbinical Council of America and as
Director of the Halacha Commission of the [70]Rabbinical Alliance of
America. He also serves on the Editorial Board of Jewish Action
magazine and the Board of OU Press. He has published five English
books, the most recent titled [71]Search Engine volume 2: Finding
Meaning in Jewish Texts -- Jewish Leadership, and served as the
American editor for [72]Morasha Kehillat Yaakov: Essays in Honour of
Chief Rabbi Lord Jonathan Sacks.
51. https://hebrewbooks.org/pdfpager.aspx?req=1376&;pgnum=67
52. https://hebrewbooks.org/pdfpager.aspx?req=9191&;st=&pgnum=37
53. https://hebrewbooks.org/pdfpager.aspx?req=1725&;st=&pgnum=106
54. https://moreshet-maran.com/%D7%9E%D7%A8%D7%9F-%D7%94%D7%A8%D7%91-%D7%99%D7%A6%D7%97%D7%A7-%D7%99%D7%95%D7%A1%D7%A3/%D7%94%D7%90%D7%9D-%D7%90%D7%A4%D7%A9%D7%A8-%D7%9C%D7%94%D7%A6%D7%98%D7%A8%D7%A3-%D7%9C%D7%9E%D7%A0%D7%99%D7%99%D7%9F-%D7%93%D7%A8%D7%9A-%D7%9E%D7%A8%D7%A4%D7%A1%D7%95%D7%AA-%D7%94%D7%A8%D7%90/
55. https://7d4ab068-0603-408d-89df-fac4580e17c4.filesusr.com/ugd/8b9b1c_6f7c90c3f14b4974874d4dc813065b54.pdf
56. https://7d4ab068-0603-408d-89df-fac4580e17c4.filesusr.com/ugd/8b9b1c_52e90efdb32648a0923e318c2b1bf187.pdf
57. https://7d4ab068-0603-408d-89df-fac4580e17c4.filesusr.com/ugd/8b9b1c_72dc2b4440a74e7ea4d7c631a35ebd74.pdf
58. https://hebrewbooks.org/pdfpager.aspx?req=49719&;st=&pgnum=44
59. https://static.wixstatic.com/media/8b9b1c_53622ba03ec3473cad7bf95413b948f6~mv2.jpg
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Message: 6
From: Chana Luntz
Date: Tue, 12 May 2020 00:40:39 +0100
Subject: Re: [Avodah] Street Minyanim
I wrote:
> On the topic of street minyanim, and with the general back and forth
> on how to rule (I have written something on mail-jewish on this)...
And RMB replied:
>Check out R' Gil Student's article on the subject.
>https://www.torahmusings.com/2020/04/are-porch-minyanim-kosher/
>Eh, I'll just include it here.
I read R' Student's piece on this - and assumed that most other people on
here had as well, which is why I didn't rehash the sources he brings.
Indeed RGS's piece is the one that characterises RSM as bringing" a
half-way house" (with a link to the very brief teshuva, which is what I
quoted in my piece). RGS did not discuss the half-way house any further
though, which was the part that was niggling at me.
Regarding RGS's piece itself - I wrote for mail-jewish (in a piece not yet
published):
<<What I find particularly fascinating about this issue is that it seems, at
least to me, to highlight fundamental differences between ways of
determining halacha, and illustrates the extent to which the methodology
invoked by Rav Ovadiah Yosef (but which has echoes in the Aruch HaShulchan
and other modern Ashkenazi psak), is in the ascendant, over the methodology
of the Mishna Brura. Because if you take the classic Rav Ovadiah type
approach: - start with the relevant sugyos in the gemora, learn the
Rishonim, learn the Beis Yosef, and then use that to understand the Shulchan
Aruch, a mere possibility raised by the Rashba, that seeing one another is
enough to allow joining to a minyan (just as it is generally agreed that it
does for zimun) can be comfortably dismissed. Certainly when ranged against
the straightforward reading of the gemora in Eruvin (that all participants
must be together in one place, or at least the second place must be
subservient and connected to the first, such as an antechamber to a main
room) and the way the gemora in Pesachim is understood by a majority of the
Rishonim.
But, if your way of learning halacha is to start with the Shulchan Aruch,
and then learn the classic Ashkenazi commentators on it, particularly those
right there on the page such as the Magen Avraham, followed by the Pri
Megadim and the Pri Chadash, you will end up with a very different
perspective. Because the Magen Avraham brings the logic of the Rashba as the
explanation of the Shulchan Aruch, and not just as a possibility, and from
there it flows down in the classic way into the Mishna Brura. In Eastern
Europe, where texts of Rishonim were presumably often hard to come by, and
the Magen Avraham and the Taz and similar so often appear to have been the
key window into the Rishonic world, used to determine psak at least for
Ashkenazim, it is not that surprising that the views of the Magen Avraham,
followed by the Pri Megadim and Pri Chadash and then the Mishna Brura, would
form the basis of a position that, at least in a non-ideal scenario, would
allow mere seeing being used as the joining mechanism for a minyan. That, I
think, is how they so often used to do it in der haim. And it is very
interesting as to how the various poskim have ruled on the subject here, and
what it says about their derech halimud [way of learning halacha]>>
RGS is, if you read carefully, is the epitome of the first approach
(although he works from Pesachim, rather than Eruvin, which is where I would
have started, but no matter). One therefore finds the positions of Rav
Yitzchak Yosef and Rav Hershel Shechter easily comprehensible from his
piece, but, IMHO struggle to get a sense of the basis on which poskim of the
stature of Rav Asher Weiss have completely matired and participated in porch
minyanim (and indeed, insist that this is not a Sephardi or Ashkenazi thing,
and that everybody hold that they are mutar). RGS does bring the Chida, but
the Chida is not usually the basis for Ashenazi poskim such as RAW and Rav
Shternbach, influential though he is in the Sephardi world.
But it was on the basis that people had at least some grasp of the
difficulties with completely matiring porch minyanim, as set out by RGS,
that I raised the question as to how did R' Shlomo Miller select which parts
of divrei shebekedusha he would permit and which he would not!
>-Micha
Regards
Chana
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