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Section: Questions   Category: Halacha
  A r c h i v e s
Halacha - candle lighting
Submitted by yehuda  Answered by Rav Peretz Moncharsh
Answer: You cannot light the Shabbos candles in a place you are neither eating nor sleeping. It would be best to light in the hall where you are eating.
posted:2014-03-28 16:48:28  (0) comments   email to a friend

Halacha - Cooking on Shabbos
Submitted by anonymous  Answered by Rav Peretz Moncharsh
Answer: If it is hot enough to warm the small pot to the temperature of Yad Soledes Bo, around 110F/45C, it is forbidden to place a cold liquid and is considered cooking.
posted:2013-12-10 11:25:11  (0) comments   email to a friend

Halacha - Shabbat
Submitted by Sholom Cohn  Answered by Rav Peretz Moncharsh

Using these adhesive book marks on Shabbos would be questionable. On the one hand, since the adhesive is relatively weak and not designed to remain permanently and their normal usage is to frequently detach and reattach them, they might appear to be permitted similar to the tabs on disposable diapers. However, since it would be common to sometimes leave them in place for an extended period of time, there is reason to draw a distinction, and they should not be used.

posted:2013-11-14 19:24:37  (0) comments   email to a friend

Halacha - swimming pool on shabbos
Submitted by anonymous  Answered by Rav Peretz Moncharsh
Answer: No. The Rabbanan forbade swimming on Shabbos out of concern one would make a flotation device, even when there is no issue regarding drying the hair.
posted:2013-06-09 21:13:51  (0) comments   email to a friend

Halacha - hatmana
Submitted by Huvs  Answered by Rav Peretz Moncharsh

You are correct that this is a potentially problematic arrangement. However, there are two possible solutions. First, the prohibition of Hatmana I sonly relevant when the entire pot is covered, if you could only place the towel over most of the lid leaving a portion of it exposed, it would be permitted. Alternatively, Hatmana is only an issue when the insulation is in direct contact with the pot. If you could use something to prop up the towel so it is not laying flat on the lid and there is a gap of air between them, this too would be acceptable.

posted:2013-04-12 04:12:44  (0) comments   email to a friend

Halacha - Ear plugs
Submitted by anonymous  Answered by Rav Peretz Moncharsh

There are two main types of ear plugs, with distinct consequences for the Halacha.

Foam ear plugs spring back more or less to their original shape after use and are permitted to use on Shabbos and Yom Tov.

However, wax or silicone ones must be shaped from a round ball into a usable form that will fit in the ear. The act of creating a functional shape is potentially problematic, and should be avoided.

posted:2012-09-19 15:30:29  (0) comments   email to a friend

Halacha - Halachic Time
Submitted by anonymous  Answered by Rav Peretz Moncharsh

All three depend upon various opinions and interpretations of the Rishonim and later Poskim.

The Gemara declares that there is a period of time named "Bein HaShmashos" which is doubtful whether it is still day or already night. Sometime during this time period is the transition between them, but is impossible to determine precisely. Therefore, this entire time span is considered questionable, and one must be Machmir to consider it day as well as Machmir to suspect it is night. This time period is described as lasting the amount of time it takes to walk ¾ of a Mil, between 13.5 and 18 minutes.

There are two primary opinions when Bein HaShmashos occurs, the Gaonim place it immediately following observed sunset while Rabbeinu Tam describes it a s immediately preceding the appearance of 3 medium stars 72 minutes after sunset.

According to the Gaonim, this span is relatively simple to pinpoint, from astronomical sunset until 13.5-18 minutes later is questionably day/night, and one cannot do Melacha then neither Friday evening nor Saturday. According to this view, 18 minutes following sunset on Motzei Shabbos one could consider it certainly night with all that entails, the only remaining issue is determining the precise time of Halachic sunset, which is especially complicated when hill block out the sun before it sinks below the horizon. However, this is generally a matter of a few minutes, and 25 minutes after astronomical sunset would be safe to do Havdala etc.

However, Rabbeinu Tam's opinion is much more complicated, as it has no clear starting point. Furthermore, the two reference points given of 72 minutes and 3 medium stars to not necessarily coincide, complicating matters further. Additionally, some Poskim calculate the 72 minutes typically while others utilize Zmanios, meaning 1.2 times 1/12 of the time between sunrise and sunset. Others calculate the sun's relative position below the horizon (and there too, some use 12° others 16° and yet others 20°). According to the most extreme calculation of this opinion, nightfall in the summer could be close to 3 hours following sunset.

Despite its complexities, this opinion cannot easily be dismissed. Many, if not an absolute majority of early Poskim support Rabbeinu Tam's position as the accepted one. This also fluctuates significantly between various locales; the custom in Hungary was to follow Rabbeinu Tam completely, while in Lithuania many accepted the Vilna Gaon's endorsement of the Gaonim's view. While we certainly would not suggest relying on Rabbeinu Tam's ruling to be lenient Friday night, many Poskim including the Mishna Berura exhort people to be Machmir for it, at least when the issue is a potential Issur d'Oraisa such as Melacha on Motzei Shabbos.

While it is difficult to give a conclusive ruling on an issue that has so many prominent Poskim endorsing such a wide variety of positions, I would suggest that while generally it is ideal to wait at least 72 minutes before doing Melacha on Motzei Shabbos or any other potential Biblical transgression, as this is the opinion of the both the Mechaber and Rema in the  Shulchan Aruch, in case of need one could rely on the following moderate consensus position.

Both HaRav Moshe Feinstein zatzal and the Chazon Ish zatzal understood the primary factor according to Rabbeinu Tam as being the appearance of 3 medium stars. Consequently, Reb Moshe calculated the time of Havdala in New York as being 50 minutes following sunset, and the Chazon Ish reportedly generally observed the required stars approximately 40 minutes after sunset in Bnei Brak. He also proposed that if one can see 10 stars of any size, we can assume that at least 3 of them are medium.

While I am not familiar with the speed of dusk in St. Petersburg, this is something you should be able to easily observe yourself. Once three medium stars are visible, I believe you could safely rely on the combination of the Gaonim who consider Shabbos long passed, together with the Gedolei HaPoskim who opine that Rabbeinu Tam would already agree.

posted:2012-05-29 08:47:22  (0) comments   email to a friend

Halacha - Selling on Shabbat
Submitted by Benjamin  Answered by Rav Peretz Moncharsh

At first glance it might appear that this is permitted, provided you do not explicitly specify that your friend should sell them on Shabbos. The Shulchan Aruch OC 245:5 states "It is permitted for a Jew to give merchandise to a gentile to sell for him, as long as he does not instruct him to sell it on Shabbos."

However, the Mishna Berura there §21 elaborates that if the market day in that locale is on Shabbos, it is understood that the intent is to sell it specifically on Shabbos, and it is equivalent to an explicit instruction, which is forbidden. From your question, it would appear that this is precisely analogous to your situation.

One possible solution would be to sell the pottery to your friend prior to Shabbos. Then, all the items she would be selling are her own, which is permitted. The Poskim (Minchas Yitzchok 3:29) even permit this when the non-Jew is selling it on commission and can return the unsold objects after Shabbos. Since at the time the merchandise belonged to a gentile and they would bear responsibility for any loss or damage, it is not considered selling Jewish property on Shabbos.

posted:2012-05-20 16:58:33  (0) comments   email to a friend

Halacha - Shabbos
Submitted by Yehoshua  Answered by Rav Peretz Moncharsh
Answer: No. One may not cook on Shabbos, even with a timer.
posted:2012-05-08 06:59:09  (0) comments   email to a friend

Halacha - kettle used on shabbat by goy
Submitted by renee  Answered by Rav Peretz Moncharsh
Answer: It is permitted to continue using the urn, whether the Goyta used the hot water for herself or for your mother. In the future, she should be discouraged from using it for a Jew.
posted:2012-03-28 12:14:47  (0) comments   email to a friend

Halacha - lottery and shabbos
Submitted by ari  Answered by Rav Peretz Moncharsh
Answer: Yes, it is permitted.
posted:2012-03-15 23:10:23  (0) comments   email to a friend

Halacha - crockpot
Submitted by CHacham  Answered by Rav Peretz Moncharsh

Assuming all the other conditions for Chazara have been met, a crockpot that does not have variable temperature settings is permitted to return to. If it does have a high and low setting, the knob should be covered. In any event, it is praiseworthy to line the base with aluminum foil essentially creating a flexible and curved Blech.

However, there are Poskim who are concerned regarding a different issue, Hatmana. Since the walls of the pot insert are surrounded by hot insulating walls, they consider this included in the Gezeira of insulating a pot with material that increases its heat. This can be avoided by placing three small stones inside the base, insuring that the insert does not come in direct contact with the insulating outer surface. There are also numerous Poskim who do not consider this necessary.

posted:2012-03-11 11:42:02  (0) comments   email to a friend

Halacha - Mana Chama
Submitted by MOshe  Answered by Rav Peretz Moncharsh
Answer: No. It is Kalei HaBishul, something easily cooked, and is forbidden even in a Kli Sheini.
posted:2012-01-15 16:31:38  (0) comments   email to a friend

Halacha - Scooter for children in shabbat
Submitted by anonymous  Answered by Rav Peretz Moncharsh
Answer: It is fine. The primary problem with a bike is the risk that the chain may fall off and require a repair, which would be forbidden on Shabbos. Since scooters and skates are simpler and contain to chains, there is less risk of needing fixing and there are no grounds for concern.
posted:2012-01-15 16:30:09  (0) comments   email to a friend

Halacha - Bishu; Kli Sheini, Shlishi
Submitted by anonymous  Answered by Rav Peretz Moncharsh

Generally speaking, a hot item in its original container that was on the fire can cook, and should not come in contact with cold raw food on Shabbos. This is called a Kli Rishon. Food that has been transferred to a second location cools off from the cold utensil and is no longer capable of cooking a cold object. This is referred to as Kli Sheini. So, one would presume that once the kugel had been placed on a plate it should now be considered a harmless Kli Sheini, and there should be no problem placing raw fruit on it.

However, there is significant discussion in the Poskim if a solid object which does not spread out along the new vessel it is placed in is affected sufficiently by the cool walls to lose its ability to cook. This is called a Davar Gush. The general consensus, based on the Magen Avraham in Orach Chaim 318 is to be Machmir. Therefore, the proper thing to do would be to avoid placing raw melon in direct contact with kugel, presuming the kugel is very hot to the touch, above 45C or 113F.

It retrospect, there are grounds to be lenient and to judge favorably that your wife did nothing wrong. While the accepted Halacha is to be stringent regarding a Davar Gush, it is more of a Chumra than a true risk of cooking. While certainly one should adhere to a Chumra that has been accepted universally for hundreds of years, we cannot say that someone who mistakenly did not transgressed and violated Shabbos. Additionally, melon is not a food that is usually cooked and does not improve when subjected to heat. This gives us additional grounds for leniency, as whatever occurred to the melon cannot be termed a deliberate and constructive act of cooking on Shabbos.

In conclusion, in the future the melon should not come into contact with very hot kugel, but your wife need not feel guilty over what already transpired.

posted:2012-01-07 19:08:05  (0) comments   email to a friend

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