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Section: Questions   Category: Halacha
  A r c h i v e s
Halacha - Dead person's Tefillin
Submitted by Juan Carlos  Answered by Rav Peretz Moncharsh
Answer: It is very special to continue a family tradition by keeping the tefillin in the family. However after so many years it is essential that the parshios (scrolls) and batim (boxes) be thoroughly checked by a qualified sofer
posted:2009-10-07 21:59:27  (0) comments   email to a friend

Halacha - 4 Minim
Submitted by anonymous  Answered by Rav Peretz Moncharsh
Answer: Yes. The Orchos Chaim holds that one has not fulfilled the mitzva if both are held in the same hand. While the Taz disagrees, the Mishna Berura concludes that one should follow the stringent opinion and shake them again without a beracha.
posted:2009-10-06 04:25:31  (0) comments   email to a friend

Halacha - 4 Minim
Submitted by Daniel  Answered by Rav Peretz Moncharsh
Answer: Shulchan Aruch 651:5 writes that one should first lift the lulav and only afterwards the esrog and the Chayei Adam concurs. However the Magen Avraham writes that the esrog should be picked up first and put down last. The custom and majority of Poskim follows the first opinion.
posted:2009-10-06 04:24:37  (0) comments   email to a friend

Halacha - 30/31
Submitted by anonymous  Answered by Rav Peretz Moncharsh

First of all b'Shaah Tova, may everything progress smoothly to a healthy baby.

The Gemara writes that a woman is only considered to have ceased seeing her period after 3 months of pregnancy, and only then may she desist from observing her regular vestos. HaRav Moshe Feinstein zatzal observes in Igros Moshe that today nearly all women stop seeing their monthly period immediately upon conception, and based on this he writes that the Halacha has changed and a woman may ignore her cycle as soon as a reliable test has confirmed pregnancy. While this seems to be a very logical conclusion, the overwhelming majority of Poskim do not concur with Reb Moshe's leniency and if fact in a later teshuva Reb Moshe himself seems to retract this kula.

L'Halacha one should follow the stringent, majority opinion on the 30th day during the actual time period of the previous period, whether day or night. However, the other half of the day and the 31st day are only chumros in any event, and one may be lenient when there is a confirmed pregnancy.

posted:2009-09-30 02:17:29  (0) comments   email to a friend

Halacha - Kaporos
Submitted by Rachmiel Winocour  Answered by Rav Peretz Moncharsh
Answer: One who did not say kaparos on Erev Yomn Kippur may still say it on Hoshana Rabba.
posted:2009-09-28 17:37:11  (0) comments   email to a friend

Halacha - Smittah loan nullification
Submitted by anonymous  Answered by Rav Peretz Moncharsh
Answer: Yes Shmitta still does cancel loans, even today and even in Chutz l'Aretz.
posted:2009-09-25 13:34:51  (0) comments   email to a friend

Halacha - meah brachot
Submitted by anonymous  Answered by Rav Peretz Moncharsh
Answer: Generally speaking one may only count berachos he says himself, however there are circumstances where one may be lenient. Even this, the Tur and Bach hold, only applies to a beracha that is specifically instituted for a public gathering and does not include, for example, Birchos HaShachar. See also Mishna Berura 46:14 where it is clear he only relies on listening under circumstances where there is no other way of reaching the total of 100. The Pri Megadim he quotes is also only referring to the shaas hadchak of a fast day where we lose out on the berachos of eating and it is difficult to reach the total. Harav Sholom Zalman Auerbach is quoted in Halichos Shlomo in footnote 43 as making it clear that hearing is only a possibility if you are fulfilling your obligation, not just listening to someone else make their own personal beracha.
posted:2009-09-17 12:12:31  (0) comments   email to a friend

Halacha - Brilliant Gambler
Submitted by anonymous  Answered by Rav Yehonoson Hool

It's not clear from the question exactly what is involved. If there is "no real betting involved," then what is involved?

I suppose that if it's strictly legal there would be nothing forbidding it from a Halachic point of view, although one might argue that the other gamblers who are placing their money are assuming that they have at least a chance of winning, and if in fact they have no chance it might be considered as taking their money against their will.

posted:2009-09-17 01:56:15  (0) comments   email to a friend

Halacha - maakeh -- bracha
Submitted by anonymous  Answered by Rav Peretz Moncharsh
Answer: If you have full ownership of the porch, it seems you would say a beracha. The Mabit asked the Beis Yosef about a situation where one person owned the house and roof where a second had rights to limited use of the roof. The Beis Yosef seemed uncertain if the ability to hang laundry was sufficient to obligate the non-owner in a maakeh, and the Poskim conclude in such a case not to say a beracha. However since you have full ownership of the roof, it would appear there should be no doubt regarding your obligation.
posted:2009-09-15 21:13:36  (0) comments   email to a friend

Halacha - Challah - Tziruf Sal
Submitted by Adam  Answered by Rav Peretz Moncharsh
Answer: If all the other conditions for tziruf sal are met, I see no problem with using loaves that are frozen.
posted:2009-09-15 16:43:26  (0) comments   email to a friend

Halacha - Maakeh
Submitted by anonymous  Answered by Rav Peretz Moncharsh
Answer: Yes you must put up a maakeh. The relevant issue is not ownership of the area, but whether a dangerous situation exists in the place you live. It is chovas ha'dar, an obligation on the person who actually dwells there and not on the technical owner, similar to mezuza.
posted:2009-09-13 22:34:52  (0) comments   email to a friend

Halacha - Question on halacha
Submitted by Maksim  Answered by Rav Peretz Moncharsh
Answer: This is a very serious question that depends on many important details and does not lend itself to a simple, impersonal answer over the net. I strongly suggest you ask a Rabbi with specific experience in the areas of conversion and personal status. Seeing that you live in Baltimore, I would suggest contacting HaRav Moshe Heinneman of the Agudah Shul.
posted:2009-09-13 21:35:07  (0) comments   email to a friend

Halacha - havdala candle on Yom Tov
Submitted by PM  Answered by Rav Peretz Moncharsh

This question brings up a number of different issues.

HaRav Elyashiv shlita is of the opinion that one may not ignite a new fire solely for the purpose of saying the beracha at Havdala on Yom Tov, since one has no intention to derive any personal benefit from its light. HaRav Shlomo Zalman Auerbach zatzal was similarly doubtful about its permissibility. However this issue can easily be circumvented by using the existing Yom Tov candles for Havdala, and not lighting a new one.

The next issue is tilting the candles and holding them together , which inevitably causes more wax to melt and drip off. While the Taz 514:2 forbids one to tilt a candle on Yom Tov to make it drip because of gram kibuyi, the majority of the Achronim disagree. Additionally, the Taz himself was only referring to a situation where the expressed intent was to cause the fire to extinguish sooner, which is not the case here.

The biggest problem is separating the candles at the conclusion of Havdala. The Rema 502:2 writes that one may remove a burning stick from one side of a bonfire to place it in the fire on the other side, even though the intensity of the fire will inevitably be temporarily diminished, since the reduction of the fire is not intentional. The Mishna Berura  sk 20 adds that based on this logic one should similarly be allowed to remove the stick to light the way in the dark as a torch. So it would seem that there is no problem separating the candles after Havdala. However, the Mishna Berura adds that some Poskim disagree with the Rema's heter and forbid removing the stick, and one should be machmir for their opinion, and the Shulchan Aruch HaRav concurs with this stringency. It would appear that the same should apply to our Havdala candle, and one should be machmir, however the prevalent minhag is not to.

While it is evident that holding the candles together is permitted in Halacha and it is only a chumra to refrain, one must weigh against this the fact that using a torch or other multi-wicked flame for Havdala is only a "mitzva min hamuvchar" as the Gemarra Pesachim writes; a chumra itself.

So it seems to me that if one has a specific minhag to hold two candles together for Havdala on Yom Tov, it is permitted and not necessary to change an established and legitimate minhag. However a person who does not know of a definite family custom would be better served keeping the candles separate for the duration of Havdala.

posted:2009-09-12 19:27:58  (0) comments   email to a friend

Halacha - Straight/Curved Menorah
Submitted by anonymous  Answered by Rav Peretz Moncharsh
Answer: A round menora is not permitted because from a distance the flames would all seem to be one large fire similar to a torch, and a multi-wicked fire is not valid for Chanuka lights. However, if the candles are on the same horizontal plane and only a slight curve as you describe, it is acceptable since the important consideration is seeing the separate flames which should not be compromised. However it is preferable that there should be a space of a finger's width between each flame to insure they can be distinguished individually.
posted:2009-09-06 06:50:45  (0) comments   email to a friend

Halacha - Brachot
Submitted by Adam  Answered by Rav Peretz Moncharsh
Answer: An excellent question. The Magen Avraham proposes the source of the minhag is based on many people not being familiar with the intricacies of different berachos on various fragrances, and we don't want someone to become confused in the middle of havdala. Based on this reason, Shmiras Shabbos K'Hilchaso proposes that the minhag should not apply in precisely the circumstance you mention. However since other seforim suggest other reasons for the minhag which may apply even when smelling the besamim separate from the rest of havdala, he leaves the issue unresolved.
posted:2009-09-06 02:37:03  (0) comments   email to a friend

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