Laws of Pesah 5769

Back by popular demand, and simplified quite a bit this time. You can download the PDF Version or read it below. The original footnoted version can also be made available upon request (if you would like a copy, email me, and please be patient!).

קיצור הלכות פסח
Essential Laws of Pesah by Rabbi J. Maroof


איסור החמץ - The Prohibition of Hametz

1. On Pesah we are not permitted to eat or to possess any hametz. This includes any food product that contains one of the five grains (wheat, barley, oats, rye or spelt) or one of their many derivatives, unless it has been properly supervised for Pesah use.

2. In addition to the prohibition of eating and possessing hametz, the Torah prohibits us to benefit from it in any way. Therefore, we may not sell it, present it as a gift or feed it to any animals on Pesah.

3. Containers of condiments and spreads like butter, cream cheese and fruit preserves that have been opened and used with hametz should be thrown out and new ones purchased for Pesah.

4. Since spices, oils and other additives are sometimes poured directly into a pot over the fire and may have absorbed hametz from its steam, one should purchase new, unopened ones for Pesah. However, the old ones do not need to be thrown out or sold, just put away.

5. The prohibition of hametz also requires us to treat all of the pots, pans, utensils and other cookware that have been used with hametz as non-Kosher for Pesah use.

6. In addition to the restriction on eating actual hametz, Ashkenazim also refrain from eating kitniyot (‘legumes’, such as rice, corn, and beans) during Pesah. However, they are permitted to possess kitniyot and may utilize pots, pans, dishes and utensils that have been used with kitniyot.

7. The restriction on kitniyot only applies to foods that are primarily made up of kitniyot. Food products that contain less than fifty percent kitniyot AND in which the kitniyot are not recognizable, like soft drinks that contain corn syrup, are permitted even for Ashkenazim on Pesah.

8. Sephardim who are accustomed not to eat kitniyot during Pesah may discontinue their custom if they want to. Ideally, they should ‘annul’ the custom before a Jewish court (bet din).

9. Nowadays, Sephardim who eat kitniyot such as rice that are packaged commercially are not obligated to check them for traces of hametz because the companies that prepare these products have already purified them. However, if one happens to find a grain of hametz mixed in with rice, it must be removed. If one has already cooked the rice, consult a Rabbi about how to proceed (many factors are involved).

10. Sephardim are permitted to eat ‘egg matza’ on Pesah, provided that it is prepared under proper supervision. Ashkenazim only allow egg matza for the sick and elderly who cannot digest regular matza.

11. Some authorities permit both kitniyot and egg matza even for Ashkenazim on Erev Pesah.

12. Items that are not edible, such as shoe polish, aluminum foil, glue, cosmetics, toiletries, shampoos and medicines do not need to be kosher for Pesah (or in general), because they are not foods. Pet food, however, must be kosher for Pesah, because it is considered an edible item.

13. The prohibition of eating hametz will begin on the eve of Pesah – Wednesday, April 8th - in Rockville, Maryland at 11:01 AM this year (in NYC, 10:48 AM). The prohibition to possess, sell or otherwise benefit from hametz will begin at 12:06 PM (in NYC, 11:53 AM).


בדיקת חמץ- The Search for Hametz

1. On the night before Pesah begins – this year, Tuesday, April 7th - every Jew is required to search their property for any hametz. The search should be a genuine, serious inspection for hametz, not a ritualistic walk through the house with a feather and a candle.

2. The search for hametz should begin twenty minutes after sunset or as soon as possible thereafter.

3. Before the search, we recite the appropriate beracha (found either in the Haggada or Pesah prayerbook) and proceed to inspect all areas that we may have brought hametz into during the year. This includes our homes, cars, offices, coat pockets, etc.

4. A flashlight should be used during the search so that one can inspect all of the necessary areas with sufficient lighting.

5. There is no need for ‘spring cleaning’ during the search for hametz. One should concentrate on finding substantial pieces of hametz (like a cookie or pretzel) rather than sweeping up crumbs. If there is extra time, removing even smaller bits of hametz is an enhancement of the mitzvah.

6. After the search for hametz, one should gather all the hametz one intends to save for dinner or breakfast and keep it in one place.

7. When the search for hametz is concluded, one must say the nullification of hametz (‘bittul hametz’) formula found in the Haggada or Mahazor. The nullification statement is repeated in a slightly different form in the morning, right after one destroys or eats the last of one’s hametz.

8. If one is going away for the holiday before the night of the search but is leaving less than a month before Pesah one must conduct a proper search for hametz without a beracha on the last night that one is still home. One should recite the nighttime ‘bittul hametz’ formula immediately after the search, but should wait until erev Pesah to make the daytime “bittul” statement.


ערב פסח - The Eve of Pesah

1. On the eve of Pesah – this year, Wednesday, April 8th - it is prohibited to eat matza, so that the matza eaten at the seder will be special. Egg matza is permitted for Sephardim as well as for those Ashkenazim who are lenient in this matter on Erev Pesah.

2. It is customary that every firstborn male fasts on the eve of Pesah. The fast may be broken if one attends a ‘Siyum Masechet’, a celebration held when somebody completes the study of an entire tractate of the Talmud.

3. Where possible, first born females should attend the Siyum as well, since many authorities maintain that they are also obligated to fast.

4. One is not permitted to begin work projects that are very involved after midday on Erev Pesah so that one can fully devote one’s energy to preparing for the seder.

5. Beginning about two and a half hours before sunset on Erev Pesah, one is not permitted to eat the equivalent of a meal (even of egg matza), so that he/she will be hungry enough to enjoy dining at the seder. Snacks of fruits and vegetables are permitted.


ערוב תבשילין - Eruv Tavshilin

1. On Yom Tov, it is prohibited to make preparations for any other day. Therefore, When Yom Tov falls on a Friday we are required to create an Eruv Tavshilin in order to permit us to prepare for Shabbat. The Eruv must be prepared before the holiday begins.

2. The Eruv Tavshilin is made by taking a cooked dish (like a hard boiled egg) and a piece of matza and then reciting the beracha and declaration written in the machzor or haggada.

3. It is preferable to recite the Eruv declaration in a language that one understands.

4. When Yom Tov falls out on a Thursday and Friday, preparations for Shabbat may only be made on Friday, despite the fact that the Eruv was created on Wednesday.

5. When preparing for Shabbat on Yom Tov, one should complete one’s preparations early in the afternoon so that it is not obvious that one is using Yom Tov to prepare for Shabbat.

6. It is customary to eat the Eruv Tavshilin at Seudah Shelishit on Shabbat.



הכשר כלים -Kashering Vessels

1. Many people keep separate sets of cookware and utensils for Pesah use. If, however, one wishes to use one’s year-round kitchenware for Pesah, it must first undergo a process of ‘kashering’. In order to avoid complications, it is best to complete this process before hametz becomes prohibited (i.e., before 11:01 AM on April 8th this year).

2. Only metal, stone, wood and plastic vessels can be kashered. Items made from earthenware, such as china, cannot be kashered.

3. Sephardim do not require any kashering for glass and Pyrex vessels and are permitted to use them after a thorough cleaning. Ashkenazim treat these items like earthenware and prohibit their use for Pesah unless they have been used exclusively with cold food.

4. The method used to kasher an item is always based on the way in which the item is used. A vessel that is used for cooking liquidy substances, such as a pot, should be kashered by boiling water in it and then dropping a hot rock or hot piece of metal into it so that it boils over on all sides. Utensils such as soup ladles and carving knives that are placed directly into hot pots are kashered by completely submerging them in a pot filled with boiling water. Serving platters and strainers that have food poured onto them from hot pots are generally kashered in this way as well.

5. After kashering a vessel with boiling water, it is customary to rinse the item off with cold water.

6. Customs differ with regard to kashering vessels that are used for eating hot food but have no direct contact with hot cookware (for example, forks, spoons, knives, etc.) Sephardim may kasher these utensils by cleaning them thoroughly and then running them through a regular cycle in a kosher-for-Pesah dishwasher. Ashkenazim require all vessels that come into contact with hot food to be kashered through placement in a pot of boiling hot water.

7. According to Ashkenazic practice, a vessel must be left unused for 24 hours before being purged with boiling water for Pesah use. Sephardim are only required to observe this stringency in two cases: (1) when kashering a microwave and (2) when kashering meat and dairy vessels together in the same vat. However, it is meritorious for Sephardim to follow the stringent practice in all cases if possible.

8. Before a vessel can be kashered with boiling water, it must be totally clean. When cleaning a vessel to prepare it for kashering, one may come across food substances that adhere to it and cannot be removed. In such cases, simply apply a caustic cleaner such as bleach or detergent to the substance in order to render it inedible.

9. A vessel upon which dry food is directly placed to cook, like a grill or baking pan, should be kashered by cleaning it carefully and then heating it until it is red hot (libun). This is the most intense form of kashering, and vessels kashered in this way do not need to be left unused for 24 hours beforehand.

10. Vessels used for cold food only, such as goblets for Kiddush or cups used for cold drinks, need only to be rinsed with water and are permitted for Pesah use.

11. According to Sephardim, if a vessel is used in different ways at different times, the method of kashering that is applied will follow the primary usage. For example, if a pot normally used for cooking liquidy foods were used for dry cooking once or twice, it would still be kashered by boiling water inside. Similarly, if a fork normally used for eating was used to stir a pot over the fire a couple of times, it could still be kashered by a run through the dishwasher. However, if the vessel was used in a more intense way than usual during the past 24 hours, the more intense method of kashering must be applied.

12. Ashkenazim always kasher based on the most intense way that the vessel has been used with food, even if it has been used that way only once. Therefore, in the two cases mentioned in Law #11, the pot would need to be heated until red hot and the fork would need to be placed in a pot of boiling water.

13. If one carefully cleans one’s oven racks and covers all food placed in the oven with single sheets of tin foil, there is no need to kasher the oven because there is no way for food cooked in the oven to absorb hametz from it.

14. If one does decide to kasher an oven, self-cleaning is perfectly acceptable. If one’s oven does not have a self-cleaning option, one should carefully clean the racks and walls of the oven and then - after leaving it unused for 24 hours - place the oven on its highest temperature setting for one hour.

15. For Sephardim, the grates on which pots are placed on a gas or electric stovetop need only to be spotlessly cleaned to be kosher for Pesah. As an added measure of stringency, some Sephardim also place them into a pot of boiling hot water.

16. After cleaning the grates, Ashkenazim are required to heat them to the temperature at which a tissue that touched them would ignite.

17. Sephardim may kasher dishwashers, regardless of the material they are made of, by leaving them unused for 24 hours and then running them (without dishes inside) through at least one complete cycle with detergent. Ideally, for Ashkenazim, three complete dishwasher cycles should be run (only one needs to include detergent). The racks do not need to be changed.

18. For Sephardim, sinks, countertops and tabletops require nothing more than a careful cleaning to be kosher for Pesah (however, please be sure to consult Law #20.) Some Sephardim are stringent with sinks and, in addition to cleaning them, pour boiling hot water over them

19. Ashkenazim are advised not to use their sinks, countertops or tabletops without kashering them first. They should either (1) not use these items with anything hot for 24 hours and then pour boiling water over them OR (2) simply clean and then cover them.

20. If a sink, countertop, tabletop or stove grate is known to have had contact with hot hametz during the past 24 hours, then Sephardim are required to kasher them according to the same standards as Ashkenazim.

21. Dish sponges and toothbrushes should be cleaned thoroughly with hot water or replaced for the holiday.

22. A microwave can be kashered by leaving it over for 24 hours, cleaning the inside thoroughly and then heating a dish of water in the microwave until it is filled with steam.

23. Refrigerators and cabinets need only to be wiped down with water to be kosher for Pesah. Dish strainers on which clean dishes are placed to dry do not require any kashering at all.

24. If one is not planning on using a particular vessel or appliance for Pesah, it does not require any kashering. Non-Pesah vessels should be cleaned and put away, preferably in a cabinet that is taped up or locked.


ליל הסדר - The Seder Night

1. One may not begin the Pesah Seder until at least 45 minutes after sunset.

2. Men, women and children are obligated to fulfill all the mitzvot of the night. It is especially important for children to have the Haggada explained to them.

3. The custom of Sephardim is to use red wine for the Four Cups, even if superior white wine is available. The custom of Ashkenazim is to use red wine unless a superior white wine is available.

4. The minimum amount of wine that must be contained in each of the four cups is approximately 3 fluid ounces. One must drink more than half of each cup (about 1.6 fl. oz.) to fulfill the mitzvah.

5. Almost any vegetable may be used for karpas, provided that its blessing is bore peri ha-adama. One should make sure that any vegetables eaten at the Seder (and all year round) have been carefully inspected for bugs.

6. It is preferable to use handmade matza shemura for the Seder. However, machine-made shemura is also acceptable.

7. It is ideal to use Romaine lettuce for Maror.

8. Everyone participating in the Seder is required to lean to the left when drinking any of the four cups or eating the matza, korech, or the afikoman. If a man forgot to lean while performing one of the mitzvot he must go back and redo it. Women may be lenient and need not repeat the mitzvah.

9. Sephardim recite the beracha of Borei Pri Hagefen only on the first and third cups. Ashkenazim say a beracha on all four cups.

10. The most essential part of the Haggada is “Rabban Gamliel Haya Omer”, in which the special mitzvot of the night are explained.

11. The minimum amount of matza that must be eaten for each mitzva is a little more than one third of a medium size handmade matza. However, for motzi matza on the first night, one should eat at least half of a handmade matza.The minimum amount of maror one must eat for each mitzvah is approximately 28 grams.

12. One should make every effort to complete the entire Seder, including Hallel, before “midnight” (in Rockville this year, 1:11 AM; in NYC, 12:58 AM). If this is not possible, one should at least eat the afikoman before this time.

Can Women Issue Halakhic Rulings?

I was recently asked to respond to the question of whether a woman who is knowledgeable in Torah Law may issue rulings on matters of halakha. My answer, in brief, is contained in this post; I apologize in advance for my uncharacteristic use of Hebrew letters and terminology, I have not had a chance to translate the relevant "lingo" from the original document into English just yet.

(Incidentally, you can read the entire paper, complete with footnotes, here.)

There is a paucity of classical source material addressing the question of whether qualified women can render halakhic decisions, i.e., give הוראה. However, what material does exist is uniformly and clearly in support of the permissibility of women being halakhic decisors (מורות הוראה). For example, the ספר החינוך in פרשת שמיני מצוה קנ"ח writes that the prohibition of giving הוראה while intoxicated applies both to men and to women who are qualified to rule on halakhic issues.

Furthermore, the ברכי יוסף, written by the renowned sage מרן החיד"א and cited approvingly in פתחי תשובה חו"מ סימן ז' ס"ק ה states unequivocally that, although women are not permitted to serve as judges on a rabbinical court, a knowledgeable woman may issue decisions on matters of halakha. Former Sephardic Chief Rabbi of Israel, Harav Eliyahu Bakshi-Doron, concurs with this view in his responsa שו"ת בנין אב as did one of his most illustrious predecessors, Harav Ben-Zion Meir Hai Uziel in both משפטי עוזיאל and פסקי עוזיאל.

The פתחי תשובה points out that this distinction is, in principle, made by the ספר החינוך as well, inasmuch as he states that women are forbidden from serving as judges but nevertheless allows for the possibility of legitimate מורות הוראה who would be required to observe the mitzvah prohibiting them from engaging in halakhic decision-making while under the influence of alcohol.

As the פ"ת mentions, this approach is also supported by תוספות in מסכת נדה דף נ, who argue that, even if Devorah was not permitted to serve as the official judge of the Jewish people, she must at least have instructed the judges in the proper interpretation of the law - i.e., been מורה הוראה to them.

This dichotomy, however, appears problematic. Why should a woman be entitled to render halakhic decisions yet be barred from serving as a judge? In order to understand the answer, we must clarify the fundamental difference between the concepts of הוראה and פסיקת דין and the legal mechanisms by which they operate.

The literal meaning of הוראה is teaching or instruction; indeed, the words הוראה and תורה share the same Hebrew root. Specifically,הוראה refers to the application of the abstract principles of Torah Law to the concrete particulars of life. In essence, then, הוראה is nothing more than a by-product of intensive Torah study. When one develops a thorough and comprehensive theoretical knowledge of an area of Jewish law, and applies that knowledge to the practical exigencies of life, one is basically engaging in הוראה.

This is not to say that all Torah study is created equal. On the contrary, the validity of any הוראה will be a function of the quality of the research and analysis that produced it. Not all explanations are correct, not all interpretations are valid, and not all conclusions are warranted. Even the most distinguished and scholarly Yeshiva students, Rabbis, men and women are subject to occasional error, flaws in reasoning, forgetfulness and bias. As the רמ"א explains in ש"ע יו"ד in סימן רמ"ב סעיף י"ד, both halakha and tradition dictate that one may not rely upon - or encourage others to rely upon - the conclusions that emerge from one’s personal analysis of the Law until one has received explicit permission to do so from one’s teacher. This restriction, similar to secular ‘quality control’ laws that require doctors, lawyers, etc., to receive an accredited education and be licensed before practicing in their fields, prevents students who are insufficiently prepared from adhering to or disseminating their own incorrect rulings prematurely.

Be that as it may, the fact remains that the goal of all learning is to bring the practical implications of Torah to bear upon our lives; therefore, we can safely assert - at least in theory - that every well-executed, sincere and genuine act of תלמוד תורה has the potential to culminate in some kind of הוראה, whether it is a הוראה to oneself or a הוראה to someone else. The essential point here is that the core of any given act of הוראה is the process of Torah study upon which it is based and from which it emerges, and that this process is equally accessible to competent men and to competent women.

Judgment, or פסיקת דין , on the other hand, derives its validity not from the process that produces it but from the stature of the one who issues it. Judgment is, by its very nature, an act of governance (שררה) and an exercise of personal authoritative leadership rather than the outgrowth of a specific act of תלמוד תורה. In this sense, serving as a judge is more akin to receiving the original form of semikha that was conferred from Rabbi to student from the days of Moshe Rabbenu until persecutions led to its discontinuation during the Talmudic period. The quality of being a מוסמך or a בעל המסורה inheres in the recipient, endowing his person with unique legal authority (שררה) and his decisions with legitimacy and binding force.

In the framework of פסיקת דין, then, the legal decisions of the individual are manifestations of the special status with which he is vested and take effect by virtue of that status alone. Since today we lack the authentic Sinaitic ordination, a lone judge cannot arrogate to himself the level of authority once possessed by a יחיד מומחה המוסמך; it is instead granted to the collective of three judges who convene a בית דין. Once the בית דין rules on a case, this ruling cannot be reversed unless a manifest error in the proceedings is discovered. This is because the binding nature of the decision is intrinsic, enshrined by the authority of the team of judges and not contingent upon any other factor.3

Granting a woman this form of political authority, or שררה, is what most Rishonim find objectionable about the prospect of allowing women to serve as judges. Prohibiting women from holding positions of שררה ensures that they remain free from communal obligation so that they can dedicate themselves to maintaining the integrity and sanctity of the Jewish family which was placed in their care by הקב"ה.

We can now understand why women may indeed be מורות הוראה but may not, according to most opinions, hold official positions of שררה such as judgeships. Women are capable of engaging in the study of Torah at high levels and their theories and conclusions deserve to be accorded the same respect and weight as those of their male counterparts. As long as their process of Torah study is legitimate, the הוראות that organically emerge from it are, by definition, legitimate as well. The validity or binding force of a given halakhic conclusion is not contingent upon the political station of its proponent but upon the research and analysis that generated it; espousing such a conclusion neither necessitates nor entails שררה.

In summary, the act of הוראה is essentially an act of learning or teaching and is not a manifestation of an individual’s political authority or שררה at all. Therefore, a competent, knowledgeable and God fearing woman who receives the requisite permission from her teachers is entitled to be מורה הוראה.

Women's Issues

On the heels of Hakham Ovadiah Yosef's recent espousal of liberal views regarding women and Megillah - novel to some but not intrinsically newsworthy since he has been quite candid about his position on these issues for many, many years already - comes an article on the question of the ordination of women as Orthodox Rabbis.

For many years I have planned to write a paper on this very subject including a systematic review and analysis of the relevant halakhic sources (there are a limited number but their implications are quite fascinating). The appearance of this news item has reawakened my interest in doing so in the near future. Perhaps the blogosphere is the ideal venue for its publication, one installment as a time. To be continued, I suppose...

Tefillin, Prayer and Gelatin

Question:

Hello Rabbi Maroof-

I was looking at your blog, and I wanted to ask you a couple of questions, whether through the blog, or through email both are the same to me, but I didn't know exactly how to post it to the blog...

1.- Removing Tefillin for the Restroom - When we remove the Tefillin to use the restrooms, do we remove it in any specific way? (such as we would when removing them for putting them away)

2.- Praying Shacharit after the latest time for Shacharit (and before Chatzot) - My understanding about praying Shacharit was that one is allowed to pray Shacharit up until Chatzot. Recently I heard in a recorded Shiur that when one prays Shacharit after the latest time for Shacharit (Sof Zman Tefilah) and before Chatzot, then one doesn't mention Hashem's name in the Berachot of Shema. What's the Halacha Lemaase? Furthermore, if one is allowed to pray Shacharit up until Chatzot, then what exactly does that mean? -> Should one finish before Chatzot? Should one start before Chatzot? I understand than to avoid all this the best is to pray as early as possible, yet sometimes, it's not always easy or possible...

3.- Gelatin - I recently read an article (http://en.wikipedia.org/wiki/Kosher_foods#Gelatin) about gelatin which 'claims' that Rab Ovadia Yosef categorizes it as parve due to its chemical process and change. Is the article accurate? If yes, does that mean we could potentially eat any gelatin?

Thank you so much Rabbi, and warm regards,
Daniel


Answer:

Dear Daniel,

1. You remove them the same way you would to put them away.

2. After Sof Zeman Tefillah (the last time for morning prayers), the Amidah (silent devotion) can still be recited but not the blessings on the Shema or the blessings on Pesuqei Dezimra (i.e., Baruch Sheamar/Yishtabach). The Amidah should be finished, at least the majority of it, before Hatzot (halakhic midday).

3. This attribution is correct, Hacham Ovadiah states this unequivocally in a Teshuva in his responsa Yabia Omer (in the eighth volume), and he is by no means alone in this assessment.

So gelatin is indeed OK at least for Sephardim who abide by the rulings of Hacham Ovadiah.

Best Regards,

Rabbi Maroof

Sephardic Wedding Customs

Question:

Hi

I am sefardi (persian) however I grew up in a primarily ashkenazik community. What are the halachot as well as minhagim for sefardim as pertaining to weddings (perhaps as a contrast to askenazic halachot/minhagim)?

Thank You,

David


Answer:

This seemingly simple question requires a rather complex response. There are several key distinctions between Ashkenazic and Sephardic practices in this regard.

Essentially there are eight differences:

1) There is no "badeqen", or veiling of the bride that is practiced in Ashkenazic circles.

2) We (Sephardim) do not have a "tish" before the wedding. We do not sign "tannaim". Many Sephardic Rabbanim actually perform the ketubah signing under the Huppah as part of the ceremony.

3) The text of the ketubah should be prepared according to Sephardic tradition rather than Ashkenazic wording.

4) The woman does not circle around the man when she arrives under the Huppah. Instead, she stops a few feet before the Huppah, her parents move on, and the groom comes out to walk together with her back under the Huppah.

5) The man puts on a brand new tallit under the Huppah and recites Sheheyanu (and Lehitatef betsitsit if it is daytime).

6) The Tallit is held over the heads of the bride and groom during the recitation of the Sheva Berachot

7) The text of the wedding Berachot is slightly different, using a Sephardic Siddur would solve that problem.

8) Many Sephardim do not practice "yihud", seclusion of the bride and groom after the ceremony. For this you should consult with a local Sephardic rabbi. I know within the Syrian communities there are differences in custom. Rav Ovadyah Yosef is against the seclusion. But some do it anyway.

9) We have much better food - Ghormeh Sabzi, Berengh, Tadigh, etc. :)

Off the top of my head, these are the basic differences. If you have any further questions, please feel free to ask.

Best Regards,

Rabbi Maroof

Hanukkah or Yahrzeit?

Question:

My mother's yahrzeit is next Friday, the fifth day of Hanukkah.  At minha I
seem to have two choices:

To pray before the amud at a minyan that will take place after we have lit the
candles at home,  OR

To pray earlier in a minyan, but not to be the shliah tzibbur.

Which alternative is preferable?


Answer:

If I understand correctly, your conflict is as follows:
On one hand, the recommended procedure
throughout Hanukkah, and particularly on
Friday afternoon, is to pray the Minha Service
prior to lighting Hanukkah candles.

However, this would require you to forgo the
custom of serving as prayer leader on the
anniversary of a parent's death (Yahrzeit).
You are wondering which priority should take
precedence here. 

This is somewhat of a judgment call,
since neither of these considerations is
strictly halakhic. You are weighing the
relative importance of two recommended
practices.

Thus, whatever choice you make, you are
still within the parameters of legitimate
halakhic observance.

I believe that praying minha earlier and
thus lighting Hanukkah candles at the ideal
time would be the preferred practice in
this case. Leading the prayers on a
yahrzheit is a custom that was introduced
into Judaism much later (the original
version was simply reciting kaddish, and
before that, simply fasting - though not on
Hanukkah, of course) that should not
trump the more established and intuitive
 principle of lighting Hanukkah candles after minha.

Best Regards,

Rabbi Maroof

Making Music on Shabbat

Question:

Shalom Rabbi,

I am wondering why it isn't okay to use a drum or any other musical instrument on Shabbat if groups like Chabad and other Chassidim say the ban against this doesn't really apply today because nobody makes their own instruments now. They use this line of argument to justify clapping and dancing, but what about using a small hand drum or something similar which one (and most) has no idea how to create or fix if broken?

thanks,

Andrew H.


Answer:

Dear Andrew,

After reading my response, I would encourage you to address this question to someone who believes the ban on clapping and dancing is no longer applicable. You are correct in observing that this position seems inconsistent because it still upholds the prohibition on musical instruments despite the fact that some of them should be treated in the same way as hand clapping. It would be interesting to see how proponents of the Chassidic view explain their stance.

As you may know, most halakhic scholars disagree with the Chassidic practice and maintain that we don't have the ability to discount Rabbinic legislation simply because its original intent has become partially obsolete.

In this case in particular, the reality is that many musicians do indeed regularly and habitually tune their instruments, especially string players, so the prohibition makes perfect sense. (It is tuning, by the way, and not fashioning instruments, that is the reason for the rabbinic enactment - tuning an instrument is Biblically prohibited on Shabbat because it constitutes repairing or restoring the functionality of a vessel).

Distinguishing between different forms of instruments, hand clapping, etc., on a case by case basis is generally avoided in halakha because it becomes confusing and the average person is generally not well versed in the subtleties of the principles involved.

Best Regards,

Rabbi Maroof

Blowing Shofar After Rosh Hashana

Question:

Dear Rabbi Maroof,

May the Shofar be sounded on any days between Rosh Hashana and Yom Kippur?
If not, where is that written and what is the reason?

Thanks,

Scott M.

Answer:

Dear Scott,

Sounding the Shofar between Rosh Hashana and Yom Kippur is not halakhically problematic. The only time it is prohibited is on the day before Rosh Hashana. This is in order to make a clear distinction between the blowing of the Shofar on the holiday, which is done in fulfillment of a Biblical obligation, and the blowing of the Shofar practiced during the preceding month of Elul, which is only a widespread custom.

It is also prohibited to blow the Shofar on Shabbat because this would constitute playing a musical instrument which is not allowed then.

Shana Tova,

Rabbi Maroof

How To Evaluate A Rabbi

Question:

Hi Rabbi,

I am looking for resources about how to evaluate our Rabbi's performance for our synagogue. It is time for her performance review.

Steve


Answer:

Dear Steve,

I am not an expert in the professional evaluation of rabbis per se. But I can offer a few suggestions based upon my understanding of the role of a rabbi in a congregation and from personal experience.

As I see it, the objective of an evaluation should be to provide the rabbi with a better understanding of aspects of the job that the board believes are being carried out well and those aspects that require additional attention and fine-tuning. It should be an instrument of communication between the board and the rabbi that clarifies their common goals, vision and partnership - not an opportunity to criticize or complain to the rabbi on behalf of a small number of outspoken, disgruntled members. Otherwise, rather than strengthen and focus the rabbi, it will be a demoralizing and counterproductive exercise.

The most fundamental aspect of a rabbi's qualification for leadership is knowledge of Judaism. Does the rabbi exhibit a fluency and expertise in the Torah and Rabbinic Literature? This can be a difficult question for a committee of laypersons to answer since they usually don't have the extensive background in Jewish studies that would enable them to pass judgment on their rabbi in this respect. However, they can approach the issue fairly and reasonably by considering questions like the following:

What are the Rabbi's formal academic credentials, in terms of Jewish and secular studies?

Does the Rabbi seem to have a ready answer to basic queries that are posed by congregants?

Is the Rabbi comfortable interacting with Jewish texts in their original languages and drawing from ancient and modern commentaries to elucidate their meaning and clarify their relevance for our lives?

Most importantly, in my view - does the Rabbi love Jewish learning passionately and continue to engage in it regularly for its own sake? If not, how is the congregation expected to fall in love with it and want to support and perpetuate it?

The next issue to be explored is that of character. This is somewhat easier for the average person to evaluate, although we should be cautious in this regard as well. One congregant who feels neglected or slighted by the rabbi may interpret the actions of that rabbi in a consistently negative light, and generate lots of "bad karma" in the congregation.

Upstanding rabbis deserve the benefit of the doubt and the presumption that they act with the best interests of their constituents, not to mention their understanding of Torah values, in mind. I would recommend being wary of the potential biases that may crop up in this respect. Focus on issues like the following:

Does the Rabbi greet people personally, warmly and enthusiastically?

Is the Rabbi kindhearted and sensitive, taking the necessary time to address personal and communal concerns with full attention?

Does the Rabbi know how to help congregants deal with emotionally difficult situations, such as bereavement, separation, divorce, etc., with tact, tenderness and fairness?

Does the Rabbi reach out to assist such people out of genuine empathy, or is an air of distance maintained?

Does the Rabbi exhibit honesty and integrity in all aspects of life, personal, intellectual and professional? Is the Rabbi a good role model - would I want my child to emulate such an individual?

Does the Rabbi remain calm and cool under pressure, dealing even with difficult congregants without getting flustered or losing control?

Details about how Rabbis manage time, what portion of their schedule is devoted to teaching, program development, outreach, counseling, visiting the sick, etc., are very much dependent upon the specific needs of your community, to which I am not privy. However, from a general pragmatic standpoint, these elements should all be incorporated into the Rabbi's agenda to some extent or another.

Overall, ensuring that the Rabbi is available to, and serving the needs of, every cohort in your community - young and old, sick and well, one-time-a-year attendees and daily service participants, married and single - is vital to congregational stability and growth. Is the Rabbi introducing new and innovative programs to address each of these groups? Are any of them being unduly neglected, and, if so, what can be done to correct this? Does your demographic need to be expanded in any particular way? What can the Rabbi do to contribute to this process?

Bear in mind that a Rabbi is often expected to be all things to all people, and it is inevitable that some members of your congregation will be dissatisfied with some aspect of your Rabbi's performance. Rabbis are also human beings with feelings and needs that ought to be respected. They are on call 24 hours a day, seven days a week, and even the most dedicated and charismatic rabbis need to enjoy lives of their own as well. Otherwise, their job satisfaction will decline and their enthusiasm for the profession will dissipate. It is important to think about the fact that an unhappy and stressed-out rabbi is of little use to any synagogue, and may not stick around for the long haul if less stressful opportunities become available.

Although all rabbis have areas in which they can and should be expected to improve, there are limits on the demands a synagogue can reasonably make of its rabbi, and these should be carefully considered in the context of the evaluation. An evaluation that is based upon unrealistic standards will be off-putting and depressing for your rabbi, and will not achieve the intended goal of more effective and inspiring congregational leadership.

I hope you find this general outline of talking points to be helpful. If I can be of any further assistance, please feel free to email me a follow-up message.

Best Regards,

Rabbi Maroof

Nehamat Yaaqov 5768

I am proud to present an updated and revised version of Nehamat Yaaqov, a compendium of the essential laws of the Three Weeks and Tisha B'av, for the year 5768. It can be downloaded in PDF form by clicking here. I have reproduced the laws below, without the aspects of formatting that are incompatible with Blogger.


נחמת יעקב - קיצור הלכות בין המצרים
Essential Laws of The Three Weeks and Tisha B’av
by Rabbi J. Maroof
מוקדש לזכר נשמת חמותי היקרה
יהודית בת שמואל ע“ה
ת. נ. צ. ב. ה.

שבעה עשר בתמוז - The Seventeenth of Tammuz

1. Each year we observe a period of mourning for the destruction of the Temple. We begin on the Seventeenth day of the Hebrew month of Tammuz with a day of fasting and prayer. This year, the fast falls out on Sunday, July 20, 2008.

2. The fast of the 17th of Tammuz begins at astronomical dawn and continues until nightfall. Sephardim conclude this and all other minor fasts twenty minutes after sundown, whereas Ashkenazim conclude anywhere from thirty to fifty minutes after sundown. This year, the fast will begin in Rockville on Sunday morning at 4:47AM and will conclude (for Sephardim) at 8:50 PM.

3. It is preferable not to launder clothing, wear freshly laundered clothing or bathe in warm water during the daytime on the Seventeenth of Tammuz. However, it is permitted to brush one’s teeth with toothpaste or use mouthwash.

4. From the Seventeenth of Tammuz through the Ninth day of the month of Av, it is customary to avoid reciting the blessing of Shehecheyanu on new fruits, clothing, etc.

5. It is the custom of Ashkenazim to avoid shaving, taking haircuts, cutting fingernails, and celebrating weddings beginning with the 17th day of Tammuz. If necessary for business purposes, shaving is permitted until the first day of Av. In particularly dire circumstances, it may be permitted up through the Friday before Tisha B’av. In such cases, a competent Rabbi should be consulted.

6. It is meritorious to avoid listening to most forms of music (with the exception of classical and some religious music) throughout the year as a sign of mourning for the destruction of the Temple. However, if one is lenient in this regard most of the time, one should try to be more careful about it during this period.


תשעת הימים ושבוע שחל בו - The Nine Days

1. The first nine days of the month of Av are known as the “Nine Days”, a period of time during which our mourning for the Temple’s destruction intensifies. Beginning with the first day of Av, Sephardim join Ashkenazim in not permitting any celebrations, such as weddings or engagement parties, until the conclusion of the mourning period.

2. It is customary to refrain from eating meat and drinking wine during the Nine Days. Sephardim do not start observing this restriction until the second day of Av (i.e., the night after Rosh Hodesh Av.) Ashkenazim abstain from meat and wine on Rosh Hodesh as well. This year, Rosh Hodesh Av falls out on Shabbat, August 2nd.

3. Ashkenazic custom prohibits drinking wine during the Nine Days even for a mitzvah, such as reciting Havdala or Birkat Hamazon. Sephardim only apply the prohibition to drinking that is done for personal enjoyment. All agree that the restriction on meat and wine is not observed on Shabbat.

4. The Saturday night prior to Tisha B’av marks the beginning of a time period known as the “Week of Tisha B’av”. At this point, the mourning observances are further intensified and remain this way until the conclusion of the fast.

5. Throughout the Week of Tisha B’av, it is prohibited to shave or take a haircut. (As mentioned above, Ashkenazic custom is to avoid shaving, haircuts and cutting fingernails for the entire “Three Weeks” period.)

6. One may not launder clothing (even for someone else) or wear freshly laundered clothing during the Week of Tisha B’av. This restriction extends to linens, towels, etc. During this period, a non-Jew may not be asked to launder clothing on a Jew’s behalf.

7. One is not permitted to bathe with hot water (i.e., for enjoyment) during the Week of Tisha B’av. Rinsing off with cold water or to remove actual dirt is permitted.

8. One may not produce or purchase new garments during this time period, even if one does not plan on using them until after Tisha B’av.

9. The custom of Ashkenazim is to extend the “Week of Tisha B’av” and observe its restrictions - not laundering, wearing fresh clothing, bathing for pleasure, or making/buying new garments - for the entire “Nine Days” period.

10. This year, since Tisha B’av falls out on Sunday, Sephardim only observe the “Week of Tisha B’av” restrictions on Tisha B’av itself. However, the restrictions of the “Nine Days” - not eating meat, drinking wine, engaging in celebration, etc. - are observed as usual.


ערב תשעה באב - The Eve of the Ninth of Av

1. On the eve of Tisha B’av after midday, it is preferable only to study Torah subjects that are permitted on fast itself. However, if one cannot focus his or her mind on such topics and will end up neglecting Torah study altogether, it is better to be lenient and study the topic of one’s choice.

2. After the Mincha service on the eve of the Tisha B’av, a meal known as the Seuda Hamafseket is usually held in preparation for the fast. This year, however, since Tisha B’av begins on Saturday night, the laws regarding Seuda Hamafseket are not observed. Seudah Shelisheet is eaten in the normal manner but must be concluded before sunset.


תשעה באב - Tisha B’av

1. All Jews are obligated to fast on Tisha B’av, even pregnant and nursing women. A woman who has recently (within thirty days) given birth to a child is exempt from the fast. If a person becomes ill from fasting on Tisha B’av, he need not complete the fast.

2. This year, Tisha B’av will begin on Saturday night, August 9th at sundown and will end at nightfall on Sunday, August 10th. As mentioned above, depending on one’s custom, one may conclude the fast anytime from 25-50 minutes after sundown on Sunday.

(Because the fast begins this year on Saturday night, we do not recite Havdalah in the normal manner. Instead, the blessing on fire is recited in the synagogue after evening services, and the remainder of havdalah is postponed until Sunday night. )

3. Five pleasurable activities are prohibited on the Ninth of Av:

(1) Eating and drinking
(2) Anointing one’ body with oil or perfume
(3) Washing, including brushing teeth and using mouthwash
(4) Wearing leather shoes, and
(5) Engaging in marital relations.

4. On Tisha B’av, one may only study subjects that are directly related to the destruction of the Temple or to Divine punishment, such as the Book of Eicha, the Book of Iyov, the sections of the Prophetic books and the Talmud that deal with the destruction of the Temple, or the laws of mourning.

5. One is not permitted to inquire about the well being of others on Tisha B’av. This would include greeting friends, asking them how they are doing and otherwise engaging in “small talk” about personal concerns. Answering the phone with “hello” is not considered greeting and is permitted.

6. One is prohibited to work on the night of Tisha B’av. During the day, work is permitted after the recitation of Kinnot. According to some authorities, one must wait until midday before becoming involved in any work. In any case, working at any time on Tisha B’av is strongly discouraged and, if possible, work should be completely avoided during the fast.

7. During the recitation of Kinnot in the synagogue, it is customary to sit on the ground or on a low stool or pillow. Many people refrain from sitting on a regular chair on Tisha B’av from sundown until midday, even in their own homes.

8. Since leather shoes are not worn on Tisha B’av, the blessing of “She-asa Li Kol Tzorki” should be omitted at Shacharit.

9. One may wash one’s hands in the morning with a blessing, but the water may only be poured over the fingertips (up to the first joint of the fingers). This form of washing is also permitted - and, if one plans to pray, recite a blessing, or study Torah, it is required - after one has used the bathroom.

10. One who has actually become dirty may wash the dirt off normally.

11. The custom of the majority of Jews is not to wear a Tallit or Tefillin during Shacharit on Tisha B’av. They are worn at Mincha instead. (However, the custom of some Sephardim in Israel is to wear the Tallit and Tefillin at Shacharit as usual.)


עשרה באב - The Tenth of Av

1. It is customary to recite Kiddush Levana on the night following Tisha B’av. This year, since Tisha B’av begins on Saturday night, Havdalah is postponed until after the fast and is recited on Sunday night without spices (besamim) or a candle.

2. Sephardim should not consume meat or wine until the 11th day of Av, i.e., until Monday night August 11th this year. Ashkenazim only observe this restriction until midday of the 10th of Av.

3. Upon the conclusion of the fast, Sephardim are permitted to launder clothing, shave, take haircuts, and bathe (even with hot water). Ashkenazim refrain from these activities until midday of the tenth of Av. When Tisha B’av falls out on a Thursday, even Ashkenazim permit laundering clothes, shaving and taking haircuts immediately after the fast so that preparations can be made for Shabbat.

Cooking on Shabbat

QUESTION:

Dear Rabbi Maroof,

Hopefully you can answer these questions before this Shabbat.

1) In our home, we use an electric Shabbat warming plate to keep food warm; recently, I was reading about hatmanah and it only confused me. Please tell me if the following is halachically correct -- here's what we usually do: on top of the electric plate we place a pot with water -- this pot is covered with the lid inverted so that on top of it we can place a pot with food (this way the pot with food doesn't get too hot overnight). The pot containing the food is covered with a lid as well. Are we violating the laws of hatmanah by covering either pot with a lid?

2) My understanding is that dry, solid items can be reheated on Shabbat. Does rice fall into this category? I've heard contradicting opinions about this. Usually, we put the rice in the refrigerator Friday night and take it out again on Saturday morning to reheat it on the electric plate. Part "B" of this question would be, should we be concerned about the water droplets that form in the rice pot when take out of the fridge and then we reheat it in the hot plate? Is this considered reheating a liquid?

3) Can baked plantains be reheated on the plate? They are solid, but when baked in foil, they look soggy.

Thank you for your time!

Joseph


ANSWER:

Dear Joseph,

1) This is no problem. The restrictions on Hatmana, or insulating, only apply when the pot is entirely surrounded by insulating material. Covering the top of a pot would not be included in this prohibition.

2) Rice can be taken out of the refrigerator on Shabbat morning and placed on an electric hotplate for warming. If condensation has created water droplets in the pot, one should either dry them or move the rice to a dry container for reheating.

3) Just for clarity's sake, let me explain that the reason that reheating liquid is treated more stringently than reheating solids is the following: When we cook a solid for the first time, we affect a real change in the substance of the food. Even after the food item cools off, it remains permanently transformed by virtue of the cooking process to which it was subjected. Subsequent reheating of the dish, which merely raises the temperature of the food but has no other significant impact on its quality, is clearly differentiated from the act of cooking and is therefore permissible under certain conditions.

On the other hand, the only difference between, for example, cooked and uncooked water, is the temperature of the water. If I cook water and then it cools, it has reverted to its original state. Reheating it is identical to cooking it for the first time. Therefore, reheating liquids is not permitted on Shabbat - it would be tantamount to cooking liquids.

Some foods have a soggier quality than others when cooked or reheated. However, as long as they are solids, these foods can be reheated on Shabbat without compunction.

Best Regards,

Rabbi Maroof

Idolatry in a Restaurant?

Q: Rabbi Maroof,

I was recently on a business trip, and while I found the city to be very nice etc., I am a bit concerned. I visited an Asian Restaurant, not owned by Jews, (Under the local Rabbis) There seemed to be active idolatry taking place. There was a statue of Buddha, where they had placed a large bowl of oranges and burning incense right in the entrance to the place. At the end of the meal I was served oranges (Possibly ones that were previously in front of Buddha)

Is this place considered a "Bais Avodah Zorah" ? And can a Jew eat there?

Mark C.

A: Dear Mark,

It is prohibited to eat or otherwise benefit from any food that was presented as an offering to an idol. So, if the oranges in question were indeed utilized in an idolatrous ritual before they were served to you (or if they were somehow consecrated to be used as such) they would not be permitted for consumption.

However, the mere fact that idolatrous activity may be taking place in a section of the restaurant does not necessarily mean that it is prohibited to enter the building and/or eat kosher food that is prepared or sold there. This is because the restaurant is not primarily designated for idolatrous worship, and so is not classified as a "House of Idolatry".

Whatever the case may be, I would suggest that you contact the local Orthodox rabbinate immediately to inform them of your concerns.

I am confident that the rabbis will conduct a thorough investigation into the goings-on at the restaurant and will take action to remedy the situation if need be.

Best Regards,

Rabbi Maroof

Nehamat Yaaqov - Laws of the Three Weeks

I am proud to present Nehamat Yaaqov, a concise guide to the laws of the Three Weeks and Tisha B'av. It is dedicated to the memory of my dear mother-in-law, Yehudit Bat Shmuel A"H.

Please feel free to email me any questions or comments you may have regarding the text.

As an aside, I realize that many readers are waiting for responses to queries they have submitted. I apologize for the delays. Rest assured that new content will be posted on this blog in the very near future.

Baby Naming

Please remember to vote for my blog, Vesom Sechel, in the JIB Finals for Best Torah Blog!!!

A couple recently contacted me via email to ask me for help in preparing for their daugher's upcoming baby naming.

When my own daughter, Zehara Yehudit, was born, I found myself dissatisfied with the standard text for a girl's naming (we Sephardim call it a Zeved Habat.) In general, when called upon to name a newborn girl in my current synagogue, I freely amend the phraseology in the Siddur that I find objectionable. I followed the same practice when I served the Sephardic community in Riverdale, NY. There is nothing problematic about this, since the format of a baby naming is a matter of custom and not Jewish law.

I am certain that the lackluster and, in my opinion, blatantly sexist wording of the traditional Zeved Habat prayer reflects the general preference Jewish people (especially Sephardim) have for boys. Not to mention the fact that the birth of a male child is always followed by a Berit Millah and is therefore perceived by the community as a more significant event than the birth of a female.

As a result, just over two years ago, I took it upon myself to compose a prayer that is based on traditional sources but is more consistent with my personal view of the spiritual significance of the birth of a new daughter. I hope the thoughts and sentiments it contains resonate with my readership as well.

To download the Zeved Habat prayer, click here. Feedback will be much appreciated.

Introductory Guide to the Jewish Wedding and the Laws of Family Purity

I am proud to present a new guide to the laws of marriage and family purity, entitled "Shoshanat Yaaqov: A Guide to the Jewish Wedding and Family Purity in Light of the Fundamentals of Jewish Thought."

In addition to practical halachic guidelines, Shoshanat Yaaqov presents a philosophical framework through which one can better appreciate the meaning and significance of these important laws.

Since it is not yet fully edited, I would very much appreciate your feedback, constructive criticism, etc.

You can download a PDF version of the work here.

Shabbat Shalom!

JIB Awards Nomination

It just came to my attention that my other blog, Vesom Sechel, has been nominated for "Best Torah Blog" on the JIB Awards Site (Group C).

I am honored to have been nominated, especially in view of the fact that my communal obligations have prevented me from posting on a regular basis for the past couple of months.

Of course, I plan to resume a more predictable posting schedule in the very near future.

Thank you to my readership for your kind support.

Guide to the Laws of Passover

My yearly guide to the Essential Laws of Passover is now available online in PDF format. You can download a copy by clicking here.

If you are interested in receiving a version of the guide that includes extensive Hebrew footnotes and sources, please email me and I will gladly forward you a copy.

Dairy, Meat and Hebrew

Q: Dear Rabbi,

Thanks for answering my question last week. My next questions for you are 1) What is our tradition regarding waiting after eating dairy before eating meat? Must we simply clean our mouths thoroughly, or do we have a waiting period, like Chabad? 2) Also, what do you think of the ultra-ancient Hebrew text? (http://www.ancient-hebrew.org/6_chart.html) Why isn't the Torah written in the earliest, ultra-ancient script, as shown in the chart? Is there anything special and holy about these particularly old Hebrew letters, as there is with the ones commonly known today?

Sincerely,

Michael N.


A: Dear Michael,

1) Our (Sephardic) custom is that meat can be eaten immediately after dairy. However, when we do this, we are required to first chew something pareve (such as a cracker or piece of bread) and then rinse our mouths out with water.

2) The Talmud discusses this issue at length in Masechet Sanhedrin. In Rabbinic parlance, the more ancient script is referred to as "Ketav Ivri" and the later form of writing is called "Ketav Ashurit". In the Gemara, the Rabbis debate the precise status of each of these scripts.

According to one view, the Torah was always written in "Ketav Ashurit", which was reserved for holy purposes; Ketav Ivri was the mundane, colloquial form of writing used for non-sacred matters.

Another opinion holds that the Torah was originally transcribed in Ketav Ashurit. After the sin of the Golden Calf, the script was temporarily changed to Ketav Ivri. Eventually, Ketav Ashurit was reinstated as the official form of sacred script.

A third view (which generally corresponds to the modern scholarly perspective) maintains that the Torah was originally given in Ketav Ivri, but that Ezra changed this upon the return of the Jews to the Land of Israel. Nachmanides explains that this change was one of many that Ezra initiated in order to commemorate the end of the Babylonian Exile (another example is the use of Babylonian names for the months of the year).

All agree that Ketav Ivri may no longer be used for sacred articles such as Torah Scrolls, Megillot, Tefillin or Mezuzot. In fact, if any of these were to be written in Ketav Ivri (or any script other than Ashurit, for that matter) they would not be considered halachically valid.

Best Regards,

Rabbi Maroof

Hair Covering

Q: Hi,

I came across your blog while browsing online. What is the halacha regarding married women covering their hair, with respect to fully or partially? Also is that Deorisa (Biblical) or Medarabanan (Rabbinical)?

Thank You,

David

A: Dear David,

Your question touches upon a complex area of Jewish law. I will attempt to survey and summarize the basic issues in this area very briefly. As you will see, this topic is subject to a great deal of analysis and discussion in Jewish literature.

The Talmud in Tractate Ketubot states that married Jewish women may not appear in public with their hair uncovered. This prohibition is described as a Biblical law and a verse from the Torah is cited to substantiate it.

Two levels of obligatory hair covering are then delineated: complete and partial covering, respectively. Partial coverage of the hair fulfills the more basic standard of "Dat Moshe", or the "Law of Moses". This level is the one that the Rabbis say is alluded to in the Bible.

Complete coverage of the hair, though not mentioned in the Torah, is still necessary in order to satisfy the requirements of "Dat Yehudit", or "conduct deemed proper for a Jewish woman."

(I am leaving the definitions of "complete" and "partial" deliberately vague because they are a subject of scholarly debate, as we will see below.)

The vast majority of halachic decisors take the Talmud in Ketubot literally and maintain that a married woman who goes out with her hair totally exposed is violating a Biblical prohibition (Dat Moshe). On the other hand, the requirement to cover hair completely is only Rabbinical (Dat Yehudit).

By contrast, there is a small minority of scholars who interpret the Talmud differently. They argue that, while there is a Biblical allusion to the practice of married women covering their hair, the prohibition itself actually has the status of Rabbinic Law. According to this view, the term "Dat Moshe" means a law promulgated by Moses, but not necessarily a law he received on Sinai. These scholars maintain that the higher standard of "Dat Yehudit" is a matter of authoritative and binding Jewish custom rather than some kind of formal Rabbinic legislation.

To summarize, then, we have two levels of haircovering: "Dat Moshe" and "Dat Yehudit". Both are obligatory, although the statuses of the respective obligations differ. In order to observe this halacha, however, we must clarify two parameters: what constitutes full coverage of hair, and what is considered "public"?

With regard to the question of complete coverage, there are two basic approaches. One interprets the term literally and concludes that a married woman cannot have more than a tefah (handsbreadth, approximately 3-4 inches) of her hair exposed in public at any time.

The other approach posits that "completeness" with reference to hair covering should be no different than "completeness" in other areas of Jewish law. Generally speaking, we have a principle in halacha that rubo k'chulo, the majority of something is legally equivalent to its entirety. Based upon this concept, some hold that as long as a woman has the majority of her hair covered, we treat it as if she had all of her hair covered.

What constitutes "public" is also a matter of scholarly debate. Some suggest that anytime a woman is in the presence of three men who are not her immediate relatives, this is legally regarded as being "in public".

Others, basing themselves on the simple reading of the Talmud, interpret "public" and "private" in terms of the political or social status of a particular location. According to this viewpoint, a place of residence is always considered private, no matter how many people are currently visiting it. And a mall or shopping center is always regarded as public, even if, at this moment, it is empty.

Many contemporary authorities go so far as to rule that a married woman may never have her hair uncovered in front of a man who is not her husband or a member of her immediate family. This, however, is a matter of middat hasidut, admirable or especially pious conduct, and is not legally mandated.

Now that we have reviewed the basic issues involved in this area of Jewish law, we can consider its practical implications. All agree that some form of complete coverage of hair is required whenever a married woman is in public.

With regard to the definition of complete coverage, the majority of scholars maintain that no more than a tefah (3-4 inches) should be exposed. This is the view that should be followed in practice.

However, when it comes to the precise definition of "public", the rabbinic consensus is far from clear. Based on the sources, it seems most reasonable to conclude that the distinction between "public" and "private" is determined by the nature of the location in question. Therefore, in a private residence, a married woman is not required to have her hair covered, even if she has several guests visiting.

Best Regards,

Rabbi Maroof

Polyester Tsitsit

Q: Dear Rabbi,

My minhag is Edot ha Mizrach (Iraqi descent). What do you think about 100% Polyester Mesh Arba Canfot (or what about if they are only partially made of polyester?)? And do they need to be Menupitz Lishmo Tzitzits (regardless of the material of the garment)?

Regards,

Michael N.


A: Dear Michael,

According to all opinions, it is preferable to use a 100% wool garment to fulfill the mitsvah of wearing tsitsit. In fact, in the view of the Rambam and the Shulhan Aruch - the bases of Sephardic halachic tradition - garments made of materials other than wool or linen are only obligated in tsitsit on a rabbinical level. This means that, for us, wearing polyester tsitsit will not be considered a fulfillment of the Biblical mitsvah. However, if there is no four-cornered woolen garment available, then garments with tsitsit made of other fabrics are certainly acceptable.

The threads of the tsitsit must be prepared for the sake of the mitsvah. This requirement applies equally to all tsitsit, regardless of the material out of which they are made.

Best Regards,

Rabbi Maroof

Laws of Shaving

Q: Hello Rav,

I was curious, what was the precedent in various Sephardic communities for both shaving and pay'ot? It would seem that only the Yemenites have had a custom of very long side-curls; others I have seen photographs in which even Rabbi's have been clean-shaven, and seemingly at a time before the electric razor. How was this done, and what halakhic precautions were or were not adhered to? Are there differences between the shaving restrictions for different minhagim?

Best,
Isaac


A: Dear Isaac,

The Torah commands us not to "destroy the corners of our beards" and instructs the Kohanim that "the corners of their beards shall not be shaved." Similarly, the Torah teaches that "you shall not round off the edge of your scalps."

The Talmud explains that the two verses regarding shaving actually complement one another. Taken together, they reflect a single legal formula - namely, that one may not shave the corners of the beard in a way that is considered "destroying", i.e., with a smooth razor blade. The use of scissors, however, is permissible.

One question debated in the early commentaries is the precise location of the "corners of the beard." Because of the variety of opinions on that subject, later authorities prohibited shaving any part of the face with a razor. Here is where the tremendous benefit of electric razors comes in.

In the olden days, men who were clean shaven typically used dipilatory creams to achieve that look. This involves no prohibition because it is not considered shaving. Similarly, one may shave the neck area with a regular razor because we are certain that no part of the neck is one of the "corners of the beard" that the Torah describes.

With regard to the prohibition of rounding the edges of the scalp, the Torah makes no distinction between the use of scissors, dipilatory creams and razors - all are prohibited. In other words, unlike the prohibition of shaving in which the method used to remove the hair is of paramount importance, the prohibition of rounding the scalp exists irrespective of the process of hair removal that is used; it is the result that counts, not the process. This means that while the beard can go (by permitted means) the sideburns must remain intact no matter what.

In some communities, the custom developed to allow peyot (sidecurls) to grow in fulfillment of the requirement not to remove the sideburns. Technically speaking, however, as long as the length of the sideburns extends to the cheekbones, they are halachically acceptable.

Incidentally, these commandments apply to men only. Women are not required to observe these laws at all.

Best Regards,

Rabbi Maroof

Whisky and Wine

Q: Kvod HaRav,

Is single malt scotch whisky finished in wine casks kosher? Glenmoranige lists one of their single malts with this description: "Finished in Sherry butts after an initial maturation in ex-bourbon casks." No wine is added to the whisky, it only sits in casks that used to hold non-kosher wine.
If I am not mistaken yayin nesech is batel b'shesh. Obviously any wine left in the cask walls would be less than one in six. Do we hold by this and say the whisky is kosher or does ta'am k'ikar trump here and make the whisky non-kosher?

Kol tuv,
Aric K.

A: Dear Aric,

Your basic assumption is correct. The only caveat is that we must calculate based upon the dimensions of the cask itself and not our estimation of how much wine its walls absorbed. We treat the entirety of the cask as if it is non-kosher wine. Now, if we know for sure that the total volume of the casks is less than one sixth of the volume of the whisky that is finished in them, then that whisky is kosher.

By definition, the fact that we use the measurement "one sixth" rather than "one sixtieth" means that we are not concerned with taam k'iqar here. In other words, the possible or actual presence of wine flavor in the whisky would be irrelevant in this case.

Best Regards,

Rabbi Maroof

UPDATE: A good friend informed me via email that I overlooked an important halacha in the Shulhan Aruch that addresses this case. In reality, even if the volume of the casks is greater than one-sixth of the whisky inside, the whisky remains permissible. This is because of a special leniency regarding non-kosher wine - the halacha is that the absorbed wine taste is automatically nullified by any non-wine beverage that is placed in the non-kosher wine vessels. The one-sixth ratio is only necessary when actual non-kosher wine becomes mixed into a kosher beverage.

Direction During Prayer

Q: Rabbi Maroof,

Here in North America, the shortest distance from NY to Jerusalem follows a great circle (http://en.wikipedia.org/wiki/Great_circle) which is an arc which starts its bearing at NE and eventually becomes SE. Therefore maybe we should face northeast. On the other hand the rhumb line ( http://en.wikipedia.org/wiki/Rhumb_line) has a constant bearing of SE. What is the definition of the halacha for where we are to face during davening?

Abraham B.


A: Dear Abraham,

The Aruch Hashulchan addresses this question and explains that the halacha does not require us to be precise when it comes to facing Jerusalem during prayer. As long as the general direction "East" is accurate, we need not be concerned with nuances of Northeast and Southeast - all variations are equally acceptable.

Best Regards,

Rabbi Maroof

Moment Magazine on "The Birds and The Bees"

As part of its bimonthly "Ask the Rabbis" feature, Moment Magazine asked me to respond to the question "When and how should Jewish parents talk to their children about sex?" My answer appears in the December 2006 issue of Moment and can be found here.

Singing Verses of Tanach

Hi,

I took voice lessons for a year and a half many years ago and I plan on going back to take more lessons in order to become a chazzan. Many times I have sung at chupahs. I know that it is forbidden to sing pesukim (verses of Tanach). However, at many weddings people want the person singing at the chupah to sing Im Eschacheych etc. but I have never sung it because of my concern that it may be forbidden. Is a person allowed to sing these words at a chupah since its forbidden to sing pesukim?

Thank you,

Elazar

Dear Elazar,

In his responsum Yoreh Deah (II):142, Rabbi Moshe Feinstein discusses the prohibition of singing verses from Tanach. It is based upon a statement in the Talmud that suggests that using words of Torah as lyrics for a song is inappropriate and disrespectful to their sanctity.

However, at the end of his letter, Rabbi Feinstein indicates that the prohibition of singing verses of Tanach applies only when it is done for frivolous enjoyment ("l'zimra ulis-chok"). In cases where there the singing serves to highlight the meaning of the words for educational and/or other constructive purposes, it may not be problematic.

We can corroborate this interpretation from another angle. Rabbi Feinstein applies the restriction on singing to the Oral Torah as well. This means that we are not allowed to sing blessings, Talmudic passages, etc. Yet, the Talmud criticizes a person who is "Shoneh Belo Zimra", i.e., who studies without singing, since chanting the words we are learning helps us to remember them. It is clear, then, that this prohibition is only relevant in situations where the singing is frivolous, and where the verses are being "used" to enhance the singing. When, on the other hand, the singing is done to intensify our focus on the verses, it is permitted.

It is difficult to see how the recitation of "Im Eshkachech" at a wedding, which is done to help us recall the destruction of the Holy Temple, could possibly be construed as frivolous song. If anything, it is a solemn tribute which is further enhanced through the use of melody.

Much success in your pursuit of a career in Hazzanut!

Best Regards,

Rabbi Maroof

Drums on Shabbat

I am asking this question for my son, who is 20 years old, a soldier in the Israeli army and also – a drummer. He wants to know if he can play the drums on Shabbat – and if this is forbidden, the reasons why it is not allowed. Why this is any different than tapping one's fingers to a nigun sung at the Shabbat table? He adds that he can put special pads on the drums so that the sound is almost nil.

Thank you so much,
Mrs. Levy


Dear Mrs. Levy,

According to Halacha, one may not play a musical instrument on Shabbat. The Rabbis prohibited the use of musical instruments because they frequently require tuning. The Rabbis were concerned that people might tune their instruments on Shabbat. Tuning an instrument on Shabbat or Yom Tov is Biblically prohibited because it involves "fixing" or "repairing" a vessel.

As far as I know, concerns about tuning do not apply to a drum in the same way they apply to, say, string instruments. However, the Rabbis did not make any distinction in their broad ruling on this matter, and forbade the use of any and all musical instruments on Shabbat.

In fact, even clapping hands, slapping knees, snapping fingers, dancing and banging on tables are included in the Rabbinic decree. This is discussed explicitly in the Shulhan Aruch, Orah Haim, 338:1-4 and 339:3.

That being said, while not allowed on Shabbat, playing an instrument is a wonderful thing. Please extend my warmest blessings to your son for continued success in developing his musical talent.

Best Regards,

Rabbi Maroof

Communicating with the Dead

Hello Rabbi Maroof,

Please tell me if it is a wrong thing to be a medium; if I can form a link with a soul from the next world and relay information to the sitter, is that wrong?
Thank you,

David.


Dear David,

In the Book of Deuteronomy, we are told:

There shall not be found among you one who passes his son through the fire; a diviner, an astrologer, one who reads omens or a sorcerer. One who charms animals, one who inquires of Ov or Yideoni, or one who consults the dead. For anyone who does these is an abomination of Hashem; and, because of these abominations, Hashem, your God, banishes the nations from before you.

The Torah clearly prohibits any attempt to communicate with the dead. Maimonides explains the reason for this law:

All of these things are matters of falsehood and lies, and they are the very means through which the idol worshipers fooled the nations of the world into following them. And it is not proper for the Jewish people, who are exceptionally wise, to follow after these vanities, nor to entertain the possibility that they have any benefit...Anyone who believes in these things and things like them, and thinks in his heart that they are true and wise but that the Torah has prohibited them; he is one of the fools and those lacking knowledge... But those who possess wisdom and sound mind know by clear demonstration that all of these things that the Torah prohibits are not things of wisdom; rather, they are emptiness and vanity that fools stray after, and all of the paths of truth have been corrupted because of them. Because of this the Torah states, when it warns us about these vanities, "Perfect shall you be with Hashem, your God."

In other words, we reject these practices because they encourage magical and mystical ways of thinking that contradict the wise paths of our holy Torah. There is no rational basis for them whatsoever.

Those who seek mediums are usually emotionally troubled individuals who have unresolved issues with loved ones who are deceased. Instead of attempting to gain insight into their internal conflicts and resolve them, these people turn to charlatans who offer to help them "reconnect" with their dead relatives - for a price, of course.

The best thing you can do is suggest that these unfortunate human beings seek professional help to deal with their emotional difficulties. This is the healthy, reasonable approach that is advocated by our Torah. Perhaps then they will no longer feel a need to chase after fantasy and will begin to appreciate the value of wisdom.

Best Regards,

Rabbi Maroof

Moment Magazine on Trick-or-Treating

As part of its bimonthly "Ask the Rabbis" feature, Moment Magazine asked me to respond to the question "should Jewish children Trick-or-Treat?" An edited version of my answer appears in the October 2006 issue of Moment and can be found here. The original response I composed is posted here.

Tefillin at Minha on Fast Days

Dear Rabbi Maroof,

Why do Sephardic/Mizrahi Jews wear Tefillin at Minha on the Fast of Gedaliah?

Thanks,

I.M.


Dear I.M.,

Many Sephardic communities have the custom of donning Tefillin at the Minha (afternoon) service on all fast days (except, of course, Yom Kippur). This practice is mentioned by Rabbi Yosef Karo in his classic commentary, the Bet Yosef.

Three main reasons are offered for the custom. The first explanation relates to berachot (blessings). We are required to recite a minimum of one hundred blessings a day. A typical daily routine, including blessings on foods, etc., will satisfy this requirement almost "naturally". However, on fast days, the fact that we don't consume any food takes a toll on our "beracha count." Wearing Tefillin at Minha gives us the opportunity to make an additional blessing.

Another explanation of the custom is based upon the laws of Tefillin themselves. Theoretically, Tefillin should be worn all day long on weekdays. This is problematic because wearing Tefillin requires a level of purity of thought and focus that is difficult to attain, let alone to sustain for an entire day of work, school, etc. Therefore, our custom is to wear Tefillin only during the morning service since, even during Minha prayers, we tend to be quite distracted. On Fast Days, though, our abstention from food and drink brings us to a higher level of spiritual awareness. As a result, we are capable of donning Tefillin at Minha time as well.

A third explanation of the custom points to the function of Tefillin as tools that enhance our kavanah (concentration). When we have Tefillin on our arms and heads, we remain more vigilant about the direction of our thoughts and more definite in our sense of purpose. On Fast Days, we wish for our prayers to be of an especially high quality. Therefore, we wear Tefillin at Minha as well as Shaharit, to help us engage our minds even more fully and intensely in the all of the services of the day.

Best Regards,

Rabbi Maroof

New Blog - Vesom Sechel

Please take some time to visit my new blog, http://vesomsechel.blogspot.com.

"Vesom Sechel" is dedicated to the study of Tanach, especially the weekly Parasha. For the next month or so, posts there will explore aspects of the upcoming Holidays from the perspective of Torah Shebichtav (the Written Torah). It is amazing how much depth one can add to one's understanding of the holidays merely by paying closer attention to the nuances of the Torah's text.

I hope to add a new installment to Vesom Sechel each week, and any feedback you leave in the comments section will be greatly appreciated!

Rabbi Maroof

Evolution and God's Existence

Q: Hello Rabbi,

Until last night, the idea that life originated by itself without any of Hashem's guidance seemed very unlikly, considering that only to randomly assemble the proteins (enzymes) in a functioning bacterium, from already existing set of amino acids is a 1 in 10^40,000 chance (this is taken from "Origins: A Skeptics guide" by Robert Shapiro). However, my very good and skeptical friends, who would never pass a chance to argue, said that... he agrees with me that this is very unlikly however there is still, as small as it may be, a chance... and since the universe is endless (i agreed with him that the universe is endless), even the least likely things can occur. my question is- what do I tell a person who claims this, and tries to disprove, like you have said: "that the existence of matter and its lawfulness is the result of God's design"?

Thank you very much and Shabbat Shalom!

RS


A: Dear RS,

First of all, I must say that I am impressed with your sincere pursuit of truth. Many people are satisfied with simple faith in God. Others will accept incomplete or flawed answers to their questions in order to avoid facing difficult realities. You, however, seek a solid rational basis to support your beliefs. This is not only an admirable characteristic, it is also a tremendous mitsvah.

Living organisms are remarkably complex entities that certainly appear to be purposefully "designed." The elegance and efficiency of their anatomy and physiology - the intricate systems, from the molecular level upward, that must operate in harmony with one another to sustain even the simplest creature - seem to bear the signature of a Creator. Indeed, the very phenomenon of "life" and the circumstances of its emergence are still poorly understood by scientists, and are ranked among the most tantalizing mysteries of nature. This is probably the reason why philosophers from time immemorial have regarded the "miracle" of life as the most compelling evidence for the existence of a Deity.

We may add that the genesis and evolution of life through a combination of random mutations and natural selection would have required a lot more than one fortuitous accident. The number of "accidents" that would have had to occur is practically incalculable. Consequently, the amount of time that would have been necessary for these accumulated mutations - slowly sifted through via the mechanism of natural selection over countless generations - to bring forth the species as we know them today makes the theory of evolution seem unrealistic, if not incredible. This fact leads many people to the conclusion that Creationism is a more parsimonious solution to the riddle of life than Evolution.

I would have to agree that, from our vantage point, the likelihood is slim that life came into existence by pure chance and then developed into the diverse forms we now observe. It is hard to imagine that the fantastically complicated and highly specific set of preconditions that are necessary for even the most primitive life form to emerge simply fell into place by coincidence, without the involvement of Divine Providence of some sort. It is similarly remarkable that the exact combination of physical conditions and constants that are required to sustain life on our planet "just happen" to be incorporated into the fabric of the cosmos. It is almost as if the Universe were "expecting us." In his book The Rediscovery of Wisdom: From Here to Antiquity in Search of Sophia, Professor David Conway addresses this issue briefly, in the course of an insightful discussion of the Argument from Design. You might also find The God Hypothesis, by Michael Corey, an interesting read.

Nonetheless, it is ultimately a bad idea to try and prove Hashem's existence from the presence of inexplicable and mysterious phenomena in nature. When we do this, we end up positioning ourselves against science and fiercely resisting intellectual progress. The reason for this is clear. If we base our belief in God on the fact that there are still things we are unable to comprehend, then the more things science can rationally explain, the less "room" is left for belief in Hashem. The truth is that matters that are incomprehensible to us today may appear perfectly reasonable in the future in light of new scientific discoveries and intellectual breakthroughs. It would be foolish for us ignore these developments or to go out looking for new "unexplained mysteries" each time science advances further.

For this very reason, in Judaism, we do not depend on the "unexplained" to justify our belief in God. On the contrary, it is precisely the intelligibility, beauty and sheer elegance of the Universe that commands our respect and points to the infinite wisdom of its Creator. The graceful consistency of the natural world, directed by scientific law of the utmost depth and precision, testifies to Hashem's existence more than any "miracle." As King David wrote, "the heavens declare the glory of God, and the firmament recounts His handiwork." The intricate order of creation, with its unfathomable subtlety, reflects a Mind far greater than any of ours. Although physical events may be attributed to mere chance, the exquisitely formulated principles that govern our world cannot possibly have been the result of an accident. The laws of nature clearly emerged from a "Lawgiver" Who crafted the Universe in accordance with them. For more on this and related subjects, you might enjoy reading God and The Astronomers, by Robert Jastrow, or The Mind of God, by Paul Davies.

I would be remiss if I failed to mention one last important point. Scientific evidence of God's existence is extremely valuable, but it remains beyond the grasp of many ordinary people. This is why the Torah provides us with universally accessible "proofs" of Hashem's presence and providence - the Exodus from Egypt and the Revelation at Sinai. These unique events in human history were witnessed and recorded by an entire nation of men, women and children and, as such, could not possibly have been fabricated. Our knowledge of Hashem is firmly established upon the testimony of our ancestors who stood at the foot of Sinai, heard the voice of God, received His Torah and commandments, and transmitted a faithful account of their experiences to their children and grandchildren after them. I have posted briefly on this topic on my other blog, http://vesomsechel.blogspot.com.

Incidentally, I am not in favor of the idea that the Universe is endless. Although it is impossible for us to measure its dimensions at the present time, even something as vast as the Universe is still a physical entity which is by definition finite and thus limited in size. Our minds cannot really handle the concept of infinity anyway, so, in my opinion, trying to utilize it in thinking about the material world can only be counterproductive!

Best wishes for success in your quest for true knowledge of Hashem.


Rabbi Maroof

Checking Ingredients

Rabbi Maroof,

Is everyone qualified to read ingredient panels?What about equipment issues?

Eliyahu


Dear Eliyahu,

Because your comment is so important, I "promoted" it to its own post!

Most ingredients are self-explanatory. If you don't immediately recognize one of the items listed on an ingredient panel, further information is readily available from numerous sources, including the FDA website, encyclopedias, etc. If necessary, one may directly contact the manufacturer of the product in question to inquire about its contents.

You correctly observe that, generally speaking, non-kosher food has an impact on the pots and pans in which it is prepared - i.e., the cookware absorbs the flavor of the food and becomes non-kosher itself. Shouldn't we then be worried that the companies that process packaged foods have used the same vessels to prepare both kosher and non-kosher items, thereby disqualifying even the "kosher" items that they produce?

Your question is a reasonable one. However, when it comes to commercial food processing, "equipment issues" do not pose a serious concern, for the following reasons:

1. We are not halachically obliged to assume that a non-kosher product was prepared on the same equipment as the kosher food we wish to purchase. From a legal standpoint, the vessels used to process the food are "innocent until proven guilty". In Talmudic parlance, this principle is known as "ahazukeh issura lo mahazakinan".

2. Even if non-kosher food was in fact prepared on the same machinery as the kosher food, we need not assume that the non-kosher food was prepared within 24 hours of the kosher food "run". This would mean, from a halachic perspective, that whatever flavor the equipment absorbed from the non-kosher food has already become insignificant by the time the kosher food even enters the picture.

3. Even if the two "runs" actually took place within 24 hours of one another, it is possible that the flavor of the specific non-kosher food in question is not compatible with that of the kosher food. For example, if we were to mix pork rinds with chocolate cake, the pork flavor would detract from the quality of the cake rather than enhance it. Thus, halachically speaking, the pork taste would automatically be nullified (provided it is less than a majority of the total mixture). This phenomenon is called "noten taam lifgam" in Hebrew.

4. Finally, as a matter of fact, it is well known that nobody ever tastes the flavor of one product in another product that has been processed on the same line. Indeed, companies will do everything in their power to ensure this, in order to maintain their reputations with consumers. This establishes a clear presumption that we need not worry about discovering non-kosher taste in an otherwise acceptable food item.

In summary, then, there is a more than sufficient halachic basis for relying upon the ingredient panel of an item to determine its kashrut.


Best Regards,
Rabbi Maroof

Chewing Gum

Q: Dear Rabbi,

Since I am not eating the gum--what difference does it make if the gum is not certified Kosher?

The gum in question is Koolerz watermelon gum made by Hershey foods, but is not certified by anyone. There doesn't seem to be any non-kosher ingredients--but some one said even gum is non-kosher.

But I am not eating it--what's the facts.

Thanks

Yehuda

A: Dear Yehuda,

Gum does need to be kosher, because it contains flavoring that we swallow while chewing it. However, provided that the ingredient label does not suggest the presence of any non-kosher substances, rabbinical supervision would not be necessary.

I am not familiar with the specific brand of gum in question. If I can be of any assistance in evaluating the ingredient list, please feel free to email it to me and I'll be glad to review it. The main ingredient to be on the lookout for is probably grape juice.

Best Regards,

Rabbi Maroof

Indian Foods

Q: Good Morning Rabbi,

I was curious: I am interested in bringing a particular processed food into my kitchen, which are not supervised under kashrut authorities. However, they are under supervision of Indian national food authorities, which do have accurate labeling for vegetarian food items (denoted by a green dot, whereas foods with animal products have a red dot) as a significant portion of their population has dietary restrictions from eating animal products (Brahmin/priestly caste). Given the existence of an established supervisory body forfood products, is it permissible to bring them into a kosher kitchen? Or, is it considered permissible by some to bring them in to a kosher Sephardic kitchen, such as one that follows such guidances like those of Rabbi Abadi (http://www.kashrut.org, an example, he permits the consumption of certain "gelatin" products as truly non-problematic)?

Thanks,

Tzahi

A: Dear Tzahi,

The answer to your question depends on the reliability of the food classification system in India. If a company would be fined or otherwise penalized for falsely labeling an item "vegetarian", then we may assume that the classifications they assign to their products are accurate. If, on the other hand, there are no consequences attached to such misrepresentation, then there is no basis upon which to trust the labeling process. We would have to be concerned about the possibility that business owners will make fraudulent claims about their foods simply in order to increase their profits.

Even if a product is reliably certified as vegetarian, one would still need to be sure that it contains no grape juice or wine. Grape juice and wine are not kosher unless they have been prepared under rabbinical supervision.

In our country, the halachic reliability of ingredient labels is based upon this very principle; namely, we assume that a company will provide accurate information to the consumer for the purpose of avoiding law suits, fines and liabilities of various kinds. If not for the careful monitoring of the food industry here, we would continue to harbor a healthy skepticism toward the representations made on product labels.

Best Regards,

Rabbi Maroof

Sephardic and Ashkenazic Customs

Q: Hi Rabbi Maroof,

I was asked to lead at "mincha" after school, which is organized by the Ashkenazi minyan. I did not know whether or not I had to modify certain prayers, or which Kaddish I should have said. Could you please tell me what I can keep Sephardic, and what I have to change to Ashkenazi tradition. Thanks a lot.


A: Dear Friend,

When you serve as the prayer leader, you accept the responsibility to act as a representative of the prayer group. Therefore, any part of the prayer that is "public" and that you recite aloud - such as kaddish, kedusha, etc. - should be performed in accordance with custom of the minyan. Anything you say to yourself privately (like the silent amida) should reflect your own personal custom.

Best Regards,

Rabbi Maroof

Opening Containers on Shabbat

Q: Rabbi Maroof,

When opening a can of tuna on Shabbat, am I making a keli (new vessel)? Same question for opening a bottle of soda with a plastic twist off cap. Is this a problem?

Steve K.

A: Dear Steve,

With regard to soda bottles, there is no problem at all. The cap is designed to be removed - this is why it has a perforated ring on the bottom.

Tuna cans are more complicated because there is no preexistent "opening." The most common approach to this problem is to puncture the underside of the can prior to opening it; this renders the can unusable and thereby ensures that one is not fashioning a vessel by removing its top. The top of the tuna can itself is definitely not considered a vessel.


Best Regards,

Rabbi Maroof