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A Proper Perspective – Shavuos 5771

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Posted by Binyomin Finkelstein
June 7th, 2011
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The Gemrah in Pesachim 68: states that R’ Yosi would ask his wife to prepare for him the finest meat available in honor of the holiday of Shavuos. He attributed all his success to the day the Torah was given by saying “If not for that day, there would be no difference between me and all the ‘Yosi’s’ in the marketplace”. Rashi explains that it was through his Torah learning that he had been uplifted, and if not for the Torah he would be just like any other person.

R’ Dovid Kaplan explains a fundamental lesson in regards to how we should view Torah learning. It is known that R’ Yosi was blind. The difference between someone who is blind and someone who can see is incomparable. However, this vast difference between himself and others was secondary to his view on what affect Torah had on him in his life. In reality what he was saying is that someone who is devoid of Torah is worse off than a blind man. In other words, the person who is blind, and has Torah in his life is better off then someone who has the power of vision, but is lacking in Torah.

It is through the Torah that we are meant to live our lives. Someone who leads his life with the Torah as his guide is truly enlightened.

Did you ever wonder….

R Aharon Kotler zt’l asks: So many things are “Zecher l’yetzias Mitzrayim,” If the point of leaving Egypt was to receive the Torah, why do we remember that and not “Zecher l’ma’amad har Sinai.”

He answers that we need a reminder for something in the past, which isn’t here anymore. However, one can re-experience the giving of the Torah at any time by immersing himself in its study, as the Gemara relates examples of scholars who were surrounded by fire when they learned and it was the holy fire of Sinai. (Succah 28a re: Yonason ben Uziel, Yerushalmi Chagiga 2:1 re: R’ Eliezer and R’ Yehoshua at bris of Elisha ben Avuya.)

We should not only celebrate Shavuos as the day when Torah was given, but as the day we were given the extraordinary gift that we can receive the Torah anew each day.

Categories: Shavuos Tags:

How to Acquire Torah – Shavuos and Parshas Beha’aloscha 5771

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Posted by Rabbi Yosef Tropper
June 7th, 2011
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This entry is part 36 of 41 in the series Torah Sweets Volume 3

The Shlah HaKodosh teaches us that each Yom Tov ties in to the Parsha that is read during the week that it falls out. What does Parshas Beha’aloscha have to do with the Holiday of Kaballas HaTorah?

Going through all of the themes of the Parsha sheds beautiful insight regarding the importance and approach towards getting closer to Hashem and His Torah. The Parsha begins with the word, “Beha’aloscha, when you go up,” this is the theme of the entire Torah, personal growth and development. Life is seen as a great opportunity for upward growth and working towards becoming a self-motivated and high integrity person.

The Parsha begins by discussing the Menorah. My dear Rebbe, Rabbi Asher Zelig Rubenstein shlit”a always quotes Rashi who explains how Aharon lit the Menorah in the Mishkan. Aharon was to hold the flame onto the wick until the wick itself became aflame and was able to draw oil and stay lit on its own. This represents the two vital stages of learning Torah. First, we strive to connect to our Rebbe who teaches us Torah knowledge and skills, this is akin to Aharon HaKohen’s flame. The next stage is to take in the lessons and become a flame on our own, with our personal development and strengths. This is what brings light to the world.

The Leviim are singled out in our Parsha and given great honor. This teaches us that those that uphold and represent the Torah will be given great recognition and honor for their dedication. Torah brings greatness to all who embrace its study. On Shavuos one should understand that with a commitment and diligence, Torah knowledge and success can be ours!

Next comes the topic of Pesach Shaini, the make-up Pesach for those that missed it the first time around. The lesson is that it is never too late to connect to Hashem. Even if one was unclean or too distant in the past, the Torah teaches that one can always come back and connect with Hashem. There is one condition though to this and that is: “Lamah nigarah, why should we lose out and be inferior?!” The men that were unclean and far away asked for another chance with a clear expression of their interest and passion to get closer to Hashem. It is never too late to start for one who is passionate and excited to connect with Hashem.

The next topic is that of the Clouds of Glory and Fire that protected and guided the Jews in the desert. The beauty of the Torah is that when one listens to its message, we allow Hashem to guide our lives. Hashem is our great Father who loves and cares for us and only wants to see us succeed. Hashem wants to take care of us and He gave us the Torah with clear instructions that state: “for best results in life, use as follows…” This is what the actual word Torah means, “Moreh Derech, guide for life.”

Next, Hashem taught the Jews the lesson regarding the Misonanim, the complainers. If one is focused on negativity, he or she will indeed be very miserable. Only one who is happy with his lot and appreciates the bounty that Hashem gives him will be happy.

In the end of the Parsha, Hashem tells Moshe to appoint 70 Elders to help lead the Jews. This is to show that we always need elders to turn to for advice and guidance and Hashem wants us to turn to Daas Torah in order to learn how to live life.

Finally, the Parsha ends with Moshe’s passionate plea for his sister Miriam to be healed and the Nation waiting seven days until she recovered. This signifies the great love and respect that one must have towards his fellow brothers and sisters. The Torah only rests on one who has Derech Eretz and compassion towards others.

There are so many lessons found in the Parsha that relate to Shavuos. May we merit a sweet and inspirational Yom Tov filled with growth in Torah and connection to our family and friends.

Categories: Parshas Beha'aloscha, Shavuos Tags:

Mothers-in-Law, Sandy Koufax, and the Lesson of Shavuos

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Posted by Rabbi Yehuda Spitz
June 5th, 2011
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by Rabbi Elchonon Feldman

Rabbi of Belmont United Synagogue, London, U.K. 

As we approach the anniversary of one of the most epic historical periods of our nation, I am reminded of a….  Mother-in-law joke:

What do you do if you miss your Mother-in-law?

 Reload and shoot again.

Let me explain why a coarse piece of humour is on my mind as we approach Shavuos, our re-enactment of receiving the Torah at Sinai.

When it comes to Jewish-American sports heroes, the famous Baseball Pitcher Sandy Koufax comes to mind. In his famous act of loyalty to his roots, on October 6th 1965, during the first game of the World Series, the Dodgers versus the Twins, Sandy refused to pitch (that is throw the ball at a guy with a wooden bat, for all those unfamiliar with the sport), for it was Yom Kippur day.

In this selfless act of commitment, Sandy became a Jewish-American icon, a model for generations to come; for Jewish men and women to make their own sacrifices by putting their Judaism before themselves.

Imagine you were in the same Shul as Sandy during that Yom Kippur service. Obviously, the Rabbi would have made an honourable mention during his sermon of Sandy’s self-sacrifice. I can imagine it would not have gone something like this: “Sandy, I would like to publicly applaud you on your dedication to your ageing mother, you have gone out of your way to escort her to Synagogue today and you have doted over her throughout this service. Oh, in addition, I think it’s great that you didn’t play baseball today, possibly forfeiting your entire professional career.”

Why am I convinced that the Rabbi did not mention the devotion Sandy had for his mother? Although, of course, it is laudable to treat one’s parent with care, still, relative to such a massive act of sacrifice, it just doesn’t seem to register.

Yet, we see in Megillas Ruth, which we will be reading over Shavuot, a fascinating thing. Boaz, a Jewish aristocrat, who marries Ruth the convert, explains what exactly attracted him to her: “I’ve been told all about what you have done for your mother-in-law since the death of your husband—how you left your father and mother and your homeland and came to live with a people you did not know before.” (Ruth 2:11)

We must analyze this verse. First Boaz comments how Ruth helped take care of Naomi, her Mother-in-law, after the passing of Naomi’s son, Ruth’s husband. This is very nice indeed. However, only afterward does Boaz even mention Ruth’s supreme accomplishment of leaving her house of royalty in Moab, becoming a peasant, and following the religion of her heart. How can we give centre stage to kindness to one’s Mother-in-law in contrast to Ruth’s famous conversion? Perhaps this is why the above mentioned Mother-in-law joke came to mind.

I think we can offer something a little more substantial. The Targum Yonason ben Uziel, an early commentary on the Torah, explains as follows: Boaz was not just describing his personal admiration for Ruth, rather he was explaining Ruth’s merit to be the mother of the Davidic dynasty; the Birth-mother of Moshiach. True, the ability to sacrifice one’s self for what is right is an outstanding virtue, perhaps integral for royalty. However, simple personal care is the cornerstone of Judaism. The Talmud tells us that there are certain attributes which characterize and exemplify the characteristics of a Jew, the finale of which is our Chessed. Ruth deserved to be the Mother of royalty not just due to her spiritual devotion, but rather because of her kindness.

As we approach our own special re-acceptance of the Torah on Shavuot, we need to decide how much of a role caring and kindness plays in our own lives. When we are shooting for the stars in terms of spirituality, our relationship with our fellow man is paramount to get us there.

Perhaps the Rabbi did mention Sandy’s kindness to his mother during the sermon, or at least he definitely should have.

 —————————————————————————

 Rabbi Elchonon Feldman has over 15 years experience at high level Yeshivos as both student and teacher, where he gained the relevant Torah fundamentals and skills to lead and teach a congregation. This is complemented by a degree in Liberal Arts and a councellor’s license. He received semicha last year and recently completed a two year rabbinic training program at the Ohr Lagolah Leadership Institute. He is a talmid of mine, as well as the newly appointed rabbi of  Belmont United Synagogue in London, U.K. He can be reached at  rebelchb@gmail.com.

Categories: Hashkafah, Inspiration, Mussar, Shavuos Tags:

Baking Milky

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Posted by Rabbi Yehuda Spitz
June 1st, 2011
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Baking Milky

 A discussion in Halocho by Rabbi Elie Schoemann – For a final Psak, please consult your Rov.

חז”ל decreed a prohibition on baking milky or meaty bread. If baked, the bread may not be eaten at all. The reason for this is that bread is commonly eaten together with either meat or milk. Hence, חז”ל were concerned that a person might eat the milky bread with meat or vice versa.[1] (For the purpose of this article we’ll be discussing milky bread that could accidentally be eaten with meat but the same applies in reverse.)

 Shavuos is a time that many milky delicacies will be on the menu.[2] Some of these might include Milky bread and rolls, Milky cake, Milky biscuits etc. How do we go about preparing our favorite milky delights without transgressing this above mentioned Halocho?

 Two leniencies were given to this Halocho[3]:

  1. It is permitted to bake a small quantity of milky bread.
  2. It is permitted to bake even a large quantity of milky bread in a unique shape that one would recognize as milky and not come to eat with meat.

 Small Quantity

The שולחן ערוך[4] says that this is the amount of bread that is eaten in that household at one meal. The רמ”א[5] has a more lenient opinion, that a small amount is the supply of bread for that household for one day (24hr period[6]). Bnei Ashkenaz follow the ruling of the רמ”א.

The reason for this leniency is that one would not forget the milky status of the bread in this short time period. Therefore, if relying on this leniency, one should intend to consume the bread within these times and not to store them away in the freezer.[7]

 Unique Shape

Only a shape that would be recognized as milky by the intended consumers may be used. Cheese or other obviously milky toppings or fillings that are visible would also permit the bread or baked product.[8] The shapes, fillings or toppings should encompass the entire product[9] and must be present prior to the actual baking.

 Intention to amend or inform after baking

One should not make a large amount of milky bread without any unique shape with the intention to either divide up the bread between many people or to change the shape or place a sticker or sign on the milky bread after baking.[10]

Similarly one should not bake milky bread with the intention to inform potential consumers of its milky status as one might forget to do so.[11]

However, there are opinions that are lenient in either of the above.[12] 

 Milky Cakes and Biscuits

Baked goods that are not usually eaten with meat (e.g. cakes, biscuits, croissants, danishes …) are not included in the above restrictions of milky bread.[13] However, there are poskim[14] that are stringent with these types of products as well.

 


[1] גמ’[פסחים ל. , לו.] טור ושו”ע [יו"ד ריש סי' צ"ז]

[2] עיין רמ”א ומ”ב [או"ח סי' תצ"ד סע' ג']

[3] [יו"ד סי' צ"ז סע' א']

[4] [שם]

[5] [שם]

[6] ערוך השולחן [יו"ד צ"ז סי' ד']

[7] בדי השולחן [יו"ד סי' צ"ז ס"ק ט' , ביאורים ד"ה ולכן עמ' שנ"ג] וע”ע בחמודי דניאל, אות י”ב “מדברי רש”י נראה שצריך לאכול מיד….לכך נראה דצריך לאכלו בו ביום”. וכן מובא בדרכי תשובה שם ס”ק ט”ו.

[8] ערוך השולחן [שם סי' ה'], כף החיים [שם ס"ק א'] וכן שו”ת באר שבע [סימן ל"ב]

[9] גליון מהרש”א [שם]

[10] פתחי תשובה [יו"ד שם ס"ק ג'] בשם החוו”ד ופמ”ג ודלא ככו”פ בשם זקנו שמיקל בכה”ג.

[11] פ”ת [שם] בשם מהרי”ט [שו"ת ח"ב יו"ד סי' י"ח]. ויש מתירים בכה”ג [דברי יוסף סי' תרנ"ו - מובא ד"ת ס"ק כ'].

[12] עיין לעיל הערה 10 ו-11. לענין פת שנהיה “חלבי” בשוגג עיין פ”ת [שם ס"ק ב'] שמביא בזה מחלוקת אי אסרינן או לא ומסיק לחומרא. ע”ע ביד יהודה שבנפל עליו חלב אח”כ, אפשר לחתוך ולחלק לכמה אנשים או לעשות עליו סימן [ד"ת ס"ק ז'].

[13] מהרי”ט [שם], פר”ח [ס"ק א'], חכ”א [כלל נ' סעי' ג'], פ”ת [ס"ק ג'], ערה”ש [שם סעי' ז' וח'], הגריש”א שליט”א, הגר”מ הלברשטאם ז”ל (מפי מו”ר רב יוסף יצחק לרנר שליט”א).

[14] ט”ז [שם ס"ק א'], יד יהודה [הקצר ס"ק ג', הארוך ס"ק ו']. המ”ב [סי' תמ"ז ס"ק ק"ו] אוסר נתינת חלב לתוך יין, אמנם כתב המנח”י [כלל ס' אות ג'] שהיינו דווקא יין (ולא במיני מתיקה) כמו בלחם שדרך לאוכלה עם בשר.

———————————————————————————————————————————————–

Rabbi Elie Schoemann is a Rabbinic Coordinator in the certification department of the London Beth Din Kashrus Division. His role includes overseeing and coordinating the operations of the certification department thereby maintaining the high kashrus standards of the KLBD.

Rabbi Elie Schoemann studied at leading Yeshivos and Kollelim in Jerusalem for 10 years, gaining numerous Smichas and Qualifications including Yoreh Yoreh from Harav Moshe Sternbuch shlit”a and Harav Zalman Nechemia Goldberg shlit”a, Bachelor of Talmudic Law and Certificate in Kashrus Supervision, Jerusalem Kashrus Institute.

He can be reached at  eschoe@gmail.com.

Categories: Halacha, Halacha For the Layman, Shavuos Tags:

Peh-Sach – Pesach 5771

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Posted by Rabbi Dovid Boruch Kopel
April 17th, 2011
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The Ins and Outs of Mechiras Chometz

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Posted by Rabbi Yehuda Spitz
April 15th, 2011
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 The Ins and Outs of Mechiras Chometz 

By Rabbi Yirmiyohu Kaganoff

 As we all know, a Jew may not own chometz on Pesach, which is included in the Torah’s double prohibition, bal yira’eh and bal yimatzei. Furthermore, the Torah commanded us with a mitzvas aseh, a positive mitzvah, to destroy any chometz left in our possession after midday on Erev Pesach.

 According to most poskim, these prohibitions apply both to chometz gamur (pure chometz) and to ta’aroves chometz (chometz mixed into another product). Furthermore, the Torah prohibited benefiting from chometz from midday on Erev Pesach regardless whether a Jew or a gentile owns it. Chazal prohibited benefiting from chometz an hour earlier. In addition, Chazal instituted a penalty whereby chometz owned by a Jew during Pesach may never be used. They also required us to search our homes and property the night before Pesach for chometz that we may have forgotten.

 Although a Jew may not own chometz on Pesach, there is nothing wrong with his selling his chometz to a gentile before it becomes prohibited. The Mishnah (21a) states explicitly that one may sell chometz to a gentile before Pesach, although this meant that the gentile took the chometz home with him (see Terumas HaDeshen #120). Today when we sell our chometz, we leave it in our homes and we know that the gentile does not intend to use our chometz. Does this sale present us with any halachic issues to resolve?

 REASONS TO ARRANGE MECHIRAS CHOMETZ

Before addressing these issues, we should note that there are several valid reasons to arrange a mechiras chometz even if one has no chometz of any value:

 1. One is required to rid one’s house and all one’s possessions of chometz. However, some items, such as toasters, mixers, wooden kneading bowls, and flour bins are difficult, if not impossible, to clean. Shulchan Aruch and Rama (442:11) recommend giving wooden kneading bowls and flour bins and the chometz they contain as a gift to a non-Jew before Pesach, with the understanding that the gentile will return them after the holiday.

 However, if one does not have such a relationship with a gentile, or it is inconvenient for the gentile to store these items in his house, one needs to modify the solution so that one does not possess chometz on Pesach. Thus, one can include this chometz and these appliances in the sale of chometz.

 One should not sell items that require tevilas keilim (immersing vessels in a mikveh), such as metal or glass appliances, but rent them out instead, since otherwise one will have to immerse them again according to many poskim (Pischei Teshuvah, Yoreh Deah 120:13). Alternatively, one can simply sell the chometz that is attached or inside them, but not the appliances themselves.

 2. Someone who owns stocks either directly or through mutual funds and/or retirement programs has another reason to arrange selling his chometz. Although some poskim contend that one may own stocks in a chometz business over Pesach (Rav Moshe Feinstein), most poskim prohibit owning shares on Pesach of a company that owns chometz. They contend that owning part of a corporation that owns chometz is considered as if I own chometz myself (Shu’t Minchas Yitzchok 3:1). Thus, in their opinion, even if someone’s house is completely chometz-free, he should arrange a mechiras chometz to include that which he owns as part of his shares.

 3. The Mishnah Berurah mentions an additional reason to sell one’s chometz — to avoid searching for chometz (bedikas chometz) in areas that are difficult to check (433:23) or where one plans to store non-Pesach items (436:32). Many poskim contend that when using the sale to preempt bedikah, it should take affect prior to the time of bedikas chometz. This way, when the mitzvah of bedikah takes affect, these areas and their chometz are already under the control and ownership of the gentile.

 4. Modern manufacturing creates an additional reason why one should arrange mechiras chometz, since it is difficult to ascertain whether medicines, vitamins, and cosmetic items such as colognes and mouthwashes contain chometz. For this reason, many people perform a standard mechiras chometz even if they destroy all their known chometz and search all the areas they own for chometz.

 SOURCES FOR MECHIRAS CHOMETZ

The Mishnah (Pesachim 21a) and Gemara (Pesachim 13a) discuss selling chometz before Pesach in cases that one does not expect to receive the chometz back. In these instances, the sale is fairly easy to arrange: The gentile pays for the chometz (or receives it as a gift) and takes it home with him.

However, in instances where the Jew is expecting to receive the chometz back after Pesach, how does one guarantee that the chometz indeed becomes the property of the non-Jew? Does the Jew’s expectation that he will receive the chometz back undermine the sale? Also, does the gentile really intend to buy the chometz, or does he think that this is all make-believe and that he is not really purchasing it? This would, of course, undermine the purpose of the sale.

 The Tosefta provides us with background to these questions:

 A Jew is traveling by ship and has with him chometz that he needs to dispose of before Pesach. However, the Jew would like the chometz back after Pesach because there is a dearth of kosher food available. (Apparently, there was no hechsher on that particular ship.) The Jew may sell the chometz to the gentile before Pesach, and then purchase it back afterwards. Alternatively, the Jew may give the chometz to the gentile as a present, provided no conditions are attached. The gentile may then return the present after Pesach (Tosefta Pesachim 2:6). Thus we see that one may sell or give away chometz to a gentile and expect it back without violating any halachos provided the agreement does not require the gentile to give it back.

 REMOVING THE CHOMETZ TO THE GENTILE’S PROPERTY

Terumas HaDeshen (#120) also discusses whether you may give your chometz to a gentile as a present that he intends to return to you after Pesach. He permits this, although he stipulates that the gentile must remove the chometz from the Jew’s house (as explained by Bach, Orach Chayim 448).

 This condition presents us with a problem in arranging our mechiras chometz. The gentile is willing to cooperate and purchase our chometz, but he does not remove the chometz to his own house. Is there a way to alleviate this problem, or must we forgo selling chometz?

 This problem became common when Jews became extensively involved in the ownership of taverns, which was in many places one of the few forms of livelihood open to them. It became common practice to sell the whiskey to a gentile before Pesach even though it remained in the Jew’s tavern (Bach, Orach Chayim Chapter 448). This procedure seems to violate the Terumas HaDeshen’s instructions.

 Before we address this question, we must first analyze why the Terumas HaDeshen requires the removal of the chometz from the Jew’s premises.

 The poskim present different reasons for this stipulation, some suggesting that leaving the chometz on the Jew’s property implies that the Jew assumes responsibility for the chometz even though he no longer owns it (Magen Avraham 448:4). The halacha prohibits a Jew from being responsible for a gentile’s chometz during Pesach (Gemara Pesachim 5b; Shulchan Aruch, Orach Chayim 440:1).

 Others contend that the sold chometz should be removed from the Jew’s property out of concern that the Jew might eat it by mistake since it was once his (Shu’t Radbaz #240). The halacha is that if the Jew never owned the chometz, he may leave it on his property as long as he places a very noticeable barrier around it (Gemara Pesachim 6a).

 The poskim rule that transferring ownership of the area where the chometz is stored to the gentile satisfies both of these concerns (Bach 448). Thus, rather than moving the chometz onto the gentile’s property, we make the property holding the chometz into his property. Therefore, the contract selling the chometz also sells the area where the chometz is located.

 If the Jew does not own the area holding the chometz but is renting it, he should rent the area to the non-Jew for Pesach rather than sell it. (To simplify matters, many Rabbonim simply rent areas to begin with, and do not sell the areas to a gentile.) Similarly, in Eretz Yisroel, where the Torah prohibited selling land to a gentile, one should rent his property to a gentile rather than sell it.

 There is another approach to explain why the gentile should remove the chometz from the Jew’s property when he buys it. This opinion contends that in order to take possession of the chometz, the gentile must remove it into his property (Chok Yaakov, 448:14). This requires a bit of explanation.

 WHAT MAKES A TRANSACTION VALID?

 On a daily basis, we buy and sell items from merchants without paying attention when the item changes possession. – That is, at what point does the transaction become valid. Indeed for most of our daily activities, this question is not germane. I go to the supermarket to buy groceries. Does the item become mine when I pick it up to place it into my shopping cart, when I pay for it, or when I pick up the bag to leave the store? The vast majority of times it does not make a difference.

 However, sometimes it makes a difference at what point the item becomes mine. If the item accidentally breaks after I paid for it, but before I picked up the bag, is it already mine or not? If the item is indeed already mine, I have no right to ask the merchant to replace it. It makes no difference whether it broke while I was at the store or after I brought it home – in either instance it is incorrect for me to assume that the merchant is responsible to compensate me. Indeed, although the merchant may be willing to replace the item, it is unclear that I may ask him to do so. The merchant may replace the item because he does not want to lose a customer, not because he has any obligation. Thus, this may qualify as coercing someone to give a present that he does not want to, something that is halachically prohibited and morally objectionable.

 When selling chometz, it is of paramount importance to determine that the transaction has actually transpired. If the transaction has occurred, then the chometz now belongs to the gentile and there is no violation of bal yira’eh and bal yimatzei on Pesach. However, if the transaction has not taken affect, then the chometz still belongs to the Jew, who will violate bal yira’eh and bal yimatzei.

 HOW DOES THE CHOMETZ BECOME PROPERTY OF THE GENTILE?

 An item changes ownership when there is an agreement between the parties that is then followed by a maaseh kinyan, an act that transfers ownership. There are many types of maasei kinyan, each appropriate to some transactions and not to others.

 Here is an example of an attempt to make a maaseh kinyan that does not work. Reuven wants to purchase a candy, and he decides to draw up a contract for the sale. This written contract does not transfer ownership of the candy to Reuven since it is not a recognized maaseh kinyan for transacting movable items. (Real estate is an example of an item for which a written contract is a maaseh kinyan.) On the other hand, the candy becomes Reuven’s property when he picks it up (assuming that the seller has agreed to the transaction and the two parties have agreed to a price) because this is a maaseh kinyan for movable items.

 The poskim dispute what is the maaseh kinyan when purchasing movable items from a gentile, some contending that movable property becomes the buyer’s when he pays for it (Rashi, Bechoros 3b), others contending that it does not become his until he picks it up or takes physical possession in a similar way (Rabbeinu Tam, quoted by Tosafos, Avodah Zarah 71a). If it is a large or heavy item, then it becomes his when he pulls it or causes it to move it in some other way, or when it is delivered to his property. Thus the chometz will not become property of the gentile until he takes physical possession.

 This presents us with a practical problem. Since the gentile is not bringing the chometz home with him, nor is he picking it up, there is no maaseh kinyan taking place to transfer to him the ownership of the chometz according to Rabbeinu Tam.

 Several poskim suggest alternative methods of carrying out the transaction (see Mishnah Berurah 448:17). In some of these methods, one rents to the gentile the places where the chometz is stored.

 Since not all poskim accept this method of transacting chometz, we perform several such maasei kinyan in order to guarantee that the chometz indeed becomes the property of the gentile. This concern is one of the reasons why some people refrain from selling chometz gamur and only use the mechirah as a back-up measure. (See also Tevuos Shor, Pesachim 21a for another reason.)

 We see that conducting a proper mechiras chometz is a complicated procedure, and certainly beyond the halachic skills of the typical layman. Thus, it is inadvisable for a lay person to arrange his own mechiras chometz without a rav’s supervision and advice.

 A PRIVATELY ARRANGED SALE

 In one of my previous positions, I was the only rav in the vicinity who was arranging mechiras chometz. One member of my shul, an attorney, had not approached me to arrange for the sale of his chometz, which I assumed was an oversight on his part. Wishing to avoid a crisis, I approached him diplomatically to ask whether he had forgotten to take care of mechiras chometz. He replied that he had arranged his own sale with a non-Jewish acquaintance of his, and had indeed drawn up the deed-of-sale himself.

 The attorney did not consult with me before he arranged this sale. In all likelihood, the contract he drew up was valid according to civil law, and therefore would be considered a valid mechirah according to some poskim (Masas Binyamin quoted by Magen Avraham 448:4). However, according to many poskim this attempt to sell chometz did not follow the rules that govern mechiras chometz (see Magen Avraham and Machatzis HaShekel). Thus, the attorney had violated bal yira’eh and bal yimatzei according to many opinions.

 DIFFERENT TIME ZONES

 Shimon is looking forward to his visit with his children in Eretz Yisroel for Pesach. He must make sure to mention this to his rav who is arranging his mechiras chometz. Since the sixth hour of Erev Pesach will arrive for Shimon in Eretz Yisroel many hours before it arrives for his rav in New York, Shimon’s chometz must be sold before the sixth hour of Erev Pesach in Eretz Yisroel, many hours earlier than if he were in America. The rav will make sure that the sale on Shimon’s chometz takes affect earlier than everyone else’s.

 CAN I SELL CHOMETZ WITHOUT AUTHORIZATION?

 Yosef stored a case of whiskey in my garage and then left for a lengthy vacation. He told me he would be back by Purim. A few days before Pesach, I notice that the whiskey is still in my garage, and I have not heard from Yosef, nor do I know how to reach him. What do I do with his whiskey? Can I arrange mechiras chometz on it without his explicit authorization?

 Yehudah’s father, who lives in South Africa, is unfortunately no longer able to care for himself and suffers from dementia. Months ago, Yehudah moved his father into his own home in New York and closed up his father’s house for the time being. Now Yehudah realizes that he has no idea if his father owns any chometz in the house, or where it possibly might be. Can he authorize mechiras chometz on his father’s property without authorization?

 The Gemara tells a story that impacts on these shaylos. Someone placed a large sack of chometz with a man named Yochanan the Sofer for safekeeping. On the morning of Erev Pesach, Yochanan went to ask Rebbe whether he should sell the chometz before it becomes prohibited. Rebbe ruled that Yochanan should wait to take action since the owner might still claim his property.

 An hour later, Yochanan returned to ask the shaylah again and received the same reply. This happened hourly until the fifth hour, the last time at which he could sell the chometz, at which time Rebbe instructed him to sell the chometz to gentiles in the marketplace (Gemara Pesachim 13a).

 There is a question that this Gemara does not address. How could Yochanan sell the chometz, if the owner had not authorized him?

 The answer is that although the owner had not authorized Yochanan to sell the chometz, if it will become worthless, he should sell it as a favor for the owner. This is a form of hashavas aveidah, returning a lost object to its owner, since now he will receive some compensation for his chometz and otherwise it will become worthless (Mishnah Berurah 443:11). Similarly, both Yosef and Yehuda would be able to arrange mechiras chometz even though the owner had not authorized them (see Magen Avraham 443:4).

 According to Kabbalah, searching for chometz is symbolic of searching within ourselves to locate and remove our own arrogant selves. As we go through the mitzvos of cleaning the house, searching, burning, and selling the chometz, we should also try to focus on the spiritual side of this search and destroy mission.

 ————————————————————————

Copied with permission from http://www.rabbikaganoff.com.

Rabbi Yirmiyohu Kaganoff, a prolific Halacha writer, and former Rav and Dayan in Buffalo and Baltimore, currently serves as a Morah Hora’ah in Neve Yaakov in Yerushalayim. Rabbi Kaganoff, a renowned posek who answers shaylos from around the world, is the author of seven books on Rabbinic scholarship, both in English and Hebrew. He and his Rebbitzin are extraordinarily dedicated to the Jewish people, and work tirelessly to assist, support and teach. They have touched countless lives and earned the respect of thousands. He can be reached through his website www.rabbikaganoff.com.

Rabbi Kaganoff also runs a Tzedaka Organization – Nimla Tal. To learn more about it or to donate, please click here: http://rabbikaganoff.com/about-nimla-tal.

Purim Somayach!!!

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Posted by Rabbi Yehuda Spitz
March 19th, 2011
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by Daniel Freedman
Well its that time of year again
where we drink and join the party train
Yes, I know its exciting and filled with great cheer
When we rid ourselves of the inhibitions that have blocked us
throughout the year
But give some thought to these few words,
which I think will give you something more than just for the birds.

We celebrate the hand of G-d, a hidden hand no more,
With subtle hints in the Megillah we read twice for thats the law.
For Haman’s failed attempt to wipe us out
ended in his own demise that came about.

But take pause, and do contemplate, there is another that also tried
and failed in his attempt, but lived a ripe old age, for which no-one cried.
His Name: Achashveirosh, who was equally malicious in Haman’s exposé
Equally vicious?  why you do you malign? you may say.
But its true, the king’s mind was not on our side at all
and it is only Mordechai’s rescue that saved us from the fall.

Remember it is Achashveirosh that held the party,
with the relics from the Beis HaMikdash, that almost ended in tragedy
He was by no means a saint
and in fact could be likened to something like smelly paint.

What is the point, anyway you might digress?
I mean we won, and we’re here no less?
It is true we are here, for the valiant steps of individuals in times of despair
but its time we realize that WE need to care!

Mordechai and Esther, as great as they were, are no longer here,
to help us overturn decrees that have fallen on a deaf ear
But we are in a serious matzav, if you couldn’t quite tell
Financially speaking, many of us are not at all well
the world is going crazy, and in a few weeks, Egypt, Jordan and the like
have quite literally lost it, and have taken a hike.

The threat of Iran is much more severe, especially with a nuclear
program aimed at Israel,
Palestinian gunmen at our door, makes life interesting I must tell,
But these are symptoms of a deeper problem, as the case was with our
ancestors in Persia,
The tragedy came from a lack of sensitivity to who we are and what our
purpose is,
We forgot our mission, our focus, and came to a dangerous precipice
and now we aren’t so fortunate to have others to save us from this.
We have to rely on ourselves to make simple changes
and we pray that these might have a great impact for the future
Pray a few words to G-d, give a little charity, learn about Purim, say
a Psalm for the sick
and become more connected to your fellow Jew, give a friend a hug and
say I love you
to the people you care about.

Purim is not just a holiday for once a year,
But rather is a day that spreads throughout, good cheer
Good tidings is what we want, a failed plot, a killed despot
To see G-d’s hand in everything is the test for us all
Especially in trying times, when we’re in for a long haul
So my wish and blessing this Purim and time of gladness
Is that each and everyone of you is able to wipe away the sadness!

Freileche Purim!

———————————
The author can be reached at daniel@ohr.edu.

Most Befitting – Parshas Tzav and Purim 5771

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Posted by Rabbi Yosef Tropper
March 18th, 2011
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This entry is part 25 of 41 in the series Torah Sweets Volume 3

The Kohen’s clothes were required to be precisely fitting. “The Kohen shall wear his fitted linen shirt” (6:3). Chazal say that if a Kohen performed the service while wearing improperly fitting clothing, he was punished by death from Heaven!

The Vilna Goan in Mishlei states that the clothes that one wears represents his or her middos, character traits. The Gemara (Shabbos 114a) tells us that a Talmud Chacham is careful to always fix his inverted clothing. The Vilna Goan explains that this refers to the process of character refinement. He says that sometimes we have traits that are not so nice and they are backward. A person connected to Torah gathers his strength to put in the effort to improve and reverse the negative trait to become more appropriate.

Chazal (Shabbos 113a) tell us that Rabbi Yochanan would call his clothing, “my honor.” The simple understanding is that one who dresses in a respectable and dignified manner shows himself to be put together and worthy of respect. The deeper meaning based on the Vilna Goan’s explanation that clothing refers to character is quite powerful. Rabbi Yochanan expressed the importance of having middos. Only one who works to refine himself deserves honor and respect.

Indeed in Megillas Esther, the verse tells us that at the most important time in the Megillah where Esther was sent by Mordechai to go speak with Achashveirosh, “Esther dressed in royal clothing” (Esther 5:1). This means (Megillah 14b) that she dressed herself with Ruach HaKodesh, Divine Inspiration, in order to gain clarity and presence of mind at this vital junction. I suggest that it was only in the merit of Esther’s character development (her royal clothing) that she was granted the power from Hashem to dress in royal Divine Inspiration.

Indeed, Hashem placed her in the palace to save the Jews and the Vilna Goan explains how Esther was chosen by Achashveirosh. Esther (2:9) “She (Esther) found favor in his eyes and she expressed her kindness to him…” The Gra says that the verse expresses that Esther was appreciated for two things, her beauty and her kindness. This is what it means, “favor in his eyes” (beauty) and kindness (she had great middos)!

Just as the Kohen and Esther achieved greatness through good middos, may we merit to find success and fulfillment through great middos.

צו

Most Befitting

The Kohen’s clothes were required to be precisely fitting. “The Kohen shall wear his fitted linen shirt” (6:3). Chazal say that if a Kohen performed the service while wearing improperly fitting clothing, he was punished by death from Heaven!

The Vilna Goan in Mishlei states that the clothes that one wears represents his or her middos, character traits. The Gemara (Shabbos 114a) tells us that a Talmud Chacham is careful to always fix his inverted clothing. The Vilna Goan explains that this refers to the process of character refinement. He says that sometimes we have traits that are not so nice and they are backward. A person connected to Torah gathers his strength to put in the effort to improve and reverse the negative trait to become more appropriate.

Chazal (Shabbos 113a) tell us that Rabbi Yochanan would call his clothing, “my honor.” The simple understanding is that one who dresses in a respectable and dignified manner shows himself to be put together and worthy of respect. The deeper meaning based on the Vilna Goan’s explanation that clothing refers to character is quite powerful. Rabbi Yochanan expressed the importance of having middos. Only one who works to refine himself deserves honor and respect.

Indeed in Megillas Esther, the verse tells us that at the most important time in the Megillah where Esther was sent by Mordechai to go speak with Achashveirosh, “Esther dressed in royal clothing” (Esther 5:1). This means (Megillah 14b) that she dressed herself with Ruach HaKodesh, Divine Inspiration, in order to gain clarity and presence of mind at this vital junction. I suggest that it was only in the merit of Esther’s character development (her royal clothing) that she was granted the power from Hashem to dress in royal Divine Inspiration.

Indeed, Hashem placed her in the palace to save the Jews and the Vilna Goan explains how Esther was chosen by Achashveirosh. Esther (2:9) “She (Esther) found favor in his eyes and she expressed her kindness to him…” The Gra says that the verse expresses that Esther was appreciated for two things, her beauty and her kindness. This is what it means, “favor in his eyes” (beauty) and kindness (she had great middos)!

Just as the Kohen and Esther achieved greatness through good middos, may we merit to find success and fulfillment through great middos.

Categories: Parshas Tzav, Purim Tags:

The Origins of Eating Hamantashen on Purim

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Posted by Rabbi Yehuda Spitz
March 17th, 2011
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By Rabbi Eliezer Brodt

I. Introduction

As Jews, most of our holidays have special foods specific to them; and behind each culinary custom, lays enveiled the reasoning behind them. Shavuot brings with it a vast array of customary dairy delicacies – in some parts of the world, cheesecake is practically obligatory – not to mention different customs in regard to how and when to eat them. Rosh Hashanah in renowned for the different fruits and vegetables eaten as physical embodiments symbolizing our tefillot; Chanukah has fried foods (no trans-fats please); whether latkes sizzling in the frying pan, or the elusive Israeli sufganiyot (jelly doughnuts) seen for a month before but not to be found a minute after Chanukah’s departure, and on the fifteenth of Shevat a veritable plethora of fruits are sampled in an almost ‘Pesach Seder’-like ceremony. Of course, on Purim we eat hamentashen.

Hamentashen. Those calorie-inflated, Atkins-defying, doughy tri-cornered confections filled with almost anything bake-able. The Mishpacha reports that this year in Israel alone, an astounding 24.5 million hamentashen will be sold, weighing 1225 tons, and yielding an approximate 33 million NIS in sales.[1] The question that many will be asking themselves is “where did this minhag to eat hamentashen come from?”

Recently I started researching this topic; thus far (and I hope to find more) my results are as follows.

II. Origins

The earliest source I have located so far can be found in the first Jewish comedy called Ztachus Bedechusa Dekidushin. This play was written in Hebrew by Yehudah Sommo (1527- 1592) from Italy. He was a friend of R. Azariah Men Hadomim and is even quoted in the Meor Eynamim (at the end of chapter eighteen). This comedy was written for Purim as he writes in the introduction: 

הוא ספר חדש מדבר צחות אשר בדה מלבו פ’ בימי בחרותו לצחק בו בימי הפורים ובשעת חדוה

In one of the scenes the following conversation take place:

יאיר: אם בדברים כאלה אכפרה פניו, כבר יש לי קושיא אחת אשר ייעפו כל תוספי התורה להתירה, כי הנה כתוב במגלת פורים “ויתלו את המן” ובפרשת בלק נכתב בפירוש “ויאכלו בני ישראל את המן”. ואיך יאכלו היהודים הנשמרים מכל רע את נבלת התלוי ההוא ואל הכלב לא ישליכו אותה?

יקטן: גם זה ראיתי אני וכבר תרץ הקושיא הזאת רב בלעם בן בבי בשם אביו: כי מה שאמרה התורה “ויאכלו את המן” היא אזהרה וציווי לנו שנאכל בימי הפורים האלה מאזני המן – הן המה הרקייקם הנעשים בסולת בלולה בשמן, וזהו שאמר אחרי כן “וטעמו כצפיחית בדבש”.

יאיר: יפה פירוש בן ביבי זכור לטוב!

 Professor Schirman who printed this play from manuscript notes that רב בלעם בן בבי is the name of one of the characters in the Massekhet Purim of R. Kalonymus ben Kalonymus. [2] In connection with Yehudah Sommo’s play, it is possible to understand an engmatic statement in the Tishbi. Specifically, R. Elijah Bocher writes: 

ערך “מנלן”- מנלן להמן מן התורה שנאמר ויאכלך את המן, גם זו מלה מורכבת מן ב’ מלות אן ולן

 R. Yeshaya Pick in his notes on the Tishbi asks, the Gemarah in Chulin which asks this same question has a different source for Haman min Hatorah where does the Tishbi get this Chazal from? He suggests that maybe he had different chazal which we do not have. However in the new edition of Tishbi they printed notes of R. Mazauz who suggests that it is highly probable that there was no such Chazal rather the Tishbi was referring to the famous lezunuot about eating hamntashen. This suggestion is all the more probable after seeing the words of Yehudah Sommo in his play written a little after the Tishbi.[3]

The next source I have located is in the poetry of the brothers Yakov and Emanuel Pranosish (1618- 1703) in one piece [4] they write:

אמנם נזרק העט ונקצר ענינים,

כי יום פורים זה בא, נכין לו מעדנים,

נכין מרקחות ממתקים מכל מינים,

נגדיל אזני המן מאזני השפנים,

 Ben-Yehudah, in his dictionary also cites to a manuscript excerpt of a Purim comedy penned by R. Yehudah Aryeh de Modena, where he is supposed to mention this food Hamantashen.[5]
Mention can also be found in some liturgical parodies [6] from the seventeenth-century, where it includes references to eating hamentashen:

 שתו אכלו אזני המן

Thus, from the above, it seems that the original word was aznei Haman; the name Hamantashen only came later.

In an 1846 cook book called The Jewish Manual by Lady Judith Cohen Montefiore we find a recipe for “Haman fritters.”[7] R. Baruch ha-Levi Epstein, in his Mekor Barukh, relates the following interesting anecdote which highlights the importance his grandfather placed on eating hamentashen:

 One year in the beginning of the month of Adar he [my grandfather] noticed that the bakeries were not selling hamentashen. When he inquired as to why this was so, he discovered that there was a shortage of flour. He promptly went ahead and gave the biggest bakers in the city a large sum of money to enable them to buy flour to bake hamantsashen.[8]

 In a nineteenth-century Lithuanian memoir again the import of hamentashen is apparent. The author recalls that “my sister spent the day preparing the baked delicacies of Purim. Most important were the hamentashen.”[9] R. Michael Braver in his excellent memoir of Galicia written in the mid 1800’s also describes the sending of Hamantashen on Purim. [10] A. S. Sachs in his memories on shtetl life notes that his “grandma would add a Haman-tash for the kiddies” in the meshloach manot.[11] Chaim Hamburger also mentions the baking of Hamantashen on purim in his memoirs. [12]. Professor Simcha Assaf, in an article describing Purim, also writes that people made special foods called hamentashen.[13] Shmarya Levin recollects in his autobiography with great detail the hamentashen:

 The much-loved little cakes, stuffed with nuts and poppy seed, which are called ‘Haman’s ears’ – sometimes ‘Haman’s pockets’ – had been prepared for us in vast numbers. Their shape alone was a joy. They were neither round, like rolls, nor long, like the loaf; with their triangular shape they were like nothing else that we ate during the year. The stuffing was made of poppy-seeds fried in honey, but there was not enough of it, so we used to eat the cake cagily, in such wise that with every mouthful we got at least a nibble of honeyed poppy seed.[14]

 Similarly, David Zagier in his memoirs of Botchki writes about his childhood there: We commemorated Purim . . . Lesser Miracles came in the wake of the Purim miracle . . . the invention of Hamentashen, the best cakes one could dream of, all poppy seed and honey (p. 69).[15] We also find hamentashen being eaten in Amsterdam[16] and Jews from Bucharia, as well, make אזני המן, similar to hamentashen. [17] לאה אזני המן מנין is a comedy listed in Avraham Yari’s bibliographical listing of comedies.[18]

III. Other possible early origins for HamentashenAs we can see, the custom of eating hamentashen is widespread and common from at least the 16th century. In fact, R. Shmuel Ashkenazi pointed to some sources which may demonstrate that hamentashen were eaten even earlier. Ben Yehuda in his dictionary claims that as early as the time of the Abarbanel (1437-1508), hamentashen were consumed. The Abarbanel, discussing the food which fell from heaven, the mon, describes these cakes as:[19]

 

 וצפיחית הוא מאכל הקמח מבושל בשמן כצורת צפחת המים הנאכל בדבש והוא כמו הרקיקים העושים מן הבצק כדמות אזנים מבושלות בשמן ויטבלו אותם בדבש ויקראוהו אזנים

 This sounds like our hamentashen although there is no reference to eating them on Purim. But R. Ashkenazi pointed out to me that if this is the source, you might then be able to suggest that hamentashen was already eaten much earlier, as this piece of the Abarbanel is word for word taken from R Yosef ibn Kaspi who lived several hundred years earlier (Kaspi was born in 1298 and died in 1340)!

Another possible early source for our Hamentashen could perhaps be found thru the words of Emanuel Haromi. In Machbres Emanuel [20] he writes:

 

מה אומר המן? לכל זמן

וזרש? לא תקלל חרש!

And then again:

ואם אמר: ארור המן וזרש! ישיבון: אל תקלל, דוד, לחרש!

 Dov Yardan when he was preparing his excellent critical edition of Machberes Emanuel composed a list of statements of Emanuel that Yardan was unable to locate sources for. One of these was this line regarding Haman’s deafness. Yaran suggests that this maybe this has to do with why we eat aznei Haman! And maybe that is also tied to the banging and using of gragers when we say Haman name. [21] Interestingly Dov Sadan also writes in his youth he used to hear that Haman was deaf.

So to conclude it seems from all this that the original word was aznei Haman; the name Hamantashen only came later and earliest origins are from Italy. [22]

IV. Ta’am ha-Hamentashen

Irrespective when the custom of eating hamentashen began, the question we need to now explore is why hamentashen, what connection do hamentashen have with Purim?

Chaim Schauss explains that in actuality the origins of the hamentashen are not Jewish, rather, we originally appropriated them from another culture. He explains that “the hamentashen are also of German origin. Originally they were called mohn-tashen, mohn meaning poppy seed and tashen meaning pockets and also signified dough that is filled with other food stuffs. The people therefore related the cake to the book of Esther and changed the mahn to Haman [due to its similarity]. In time the interpretation arose that the three cornered cakes are eaten because Haman wore a three cornered hat when he became prime minister to Ahasuerus. The three corners were also interpreted as a symbolic sign of the three patriarchs whose merit aided the Jews against Haman.”[23]

Another reason offered for eating hamentashen also deals with the meaning (more correctly a pun) of the word – hamentashen, because Haman wanted to kill us out and Hashem weakened him, preventing him from doing evil to us. Thus, the treat is called המן תש (Hamen became weakened). Eating these pastries is representative of our faith that the same result will befall all our antagonists.[24]

 The next reason offered by Menucha u-Kedusha has to do with the pastry itself, more specifically, how the filling is hidden. Until the events which occurred on Purim, the Jews were accustomed to open miracles like those in their battle with Sisra, whereas the Purim miracle appeared to be through natural events – only Mordechai knew that this was a miracle. To remember this, we eat pastries that the main part – the filling – is hidden in the dough, similar to the miracle which was hidden in nature. The filling chosen was specifically zeronim (seeds – poppy seed – mahn) to remind us of Daniel having eaten only seeds (and not non-kosher food) while in captivity at Nevuchadnezar’s court. Furthermore, according to this source the triangular shape also has meaning. The Talmud (Megillah 19b) records a three way argument from where to start reading the megillah. As the halacha is to follow all three opinions and start from the beginning, we cut the pastries in triangular shape to symbolize our accordance to all three opinions.

Another reason mentioned in Menucha u-Kedusha for the filling is based on the writings of R. Moshe Alshich, who states the Jews did not really think they were going to get completely wiped out until Mordechai finally convinced them so. The possibility arises that Mordechai was afraid to keep on sending out letters, so pastries were baked and the letters hidden therein. These pastry-letters saved the Jews; in turn we eat filled pastries. This reason is a bit interesting for itself, but what is even more interesting is that he never calls the pastries hamentashen.[25] A possibility might be kreplach, meat filled pockets boiled in soup, but the theory is unlikely as kreplach are not something special eaten exclusively for Purim – we eat it other times such as Erev Yom Kippur and Hoshana Rabah.

R. Yaakov Kamenetsky offers yet another reason for eating hamentashen on Purim. As we eat the hamentashen and eating is a form of destroying the item being eaten. Therefore, in eating hamentashen, we are fulfilling the commandment (figuratively) of destroying Amalek we are eating Hamen.[26]

Yom Tov Lewinsky and Professor Dov New both suggest that the reason for eating the hamentashen is because the custom in the Middle Ages was to cut off the ears of someone who was supposed to be hanged,[27] to remember that we eat pastries from which a part had been cut off. Another point mentioned both by these authors is an opinion that the filling in the pastries [this is specific to poppy seeds] is in remembrance to the 10,000 silver coins that Haman offered to contribute to Achashverosh’s coffers.[28]

Aside from the general merrymaking on Purim, there is also a long tradition of written fun. Specifically, since the famous Massekhet Purim of R. Kalonymus ben Kalonymus (1286-1328), there have been many versions of these type of comedies written throughout the ages. One such was R. Avraham Mor, Kol Bo LePurim (Lemberg, 1855), which is a complete sefer all about Purim written to be humorous. Included therein is a question regarding changing the way hamentashen should be made from a triangle to make them square shape! He answered that it would be terrible to make hamentashen square. If the hamentashen are square they would have four corners which in turn would obligate the attachment of tzitzet like any clothes of four corners.[29]

One last interesting point in regard to hamentashen can be found within Prof. Elliott Horowitz’s recent book-length discussion related to Purim[30] where he notes that as recent as 2002, a Saudi ‘scholar’ Umayna Ahamad al Jalahma claimed that Muslim blood can be used for the three cornered hamentashen.[31] Horowitz also notes that in middle of the Damascus affair in 1840, a work from 1803 was discovered which claimed that Christian blood was used in the ingredients for Purim pastries.[32] Again in 1846, Horowitz writes that “on the holiday of Purim it was claimed the Jews would annually perform a homicide in hateful memory of Haman, and if they managed to kill a Christian the Rabbi would bake the latter’s blood in triangular pastries which he would send as mishloach manot to his Christian friend.”[33] In 1938 the Jews were once again accused of murdering an adult Christian and drying his blood to be mixed into the triangular cakes eaten on Purim.[34]

Thanks to Rabbis Y. Tessler, A. Loketch and Yosaif M. Dubovick, and the two anonymous readers, for their help in locating some of the sources.

Notes
[1] Mishpacha (27 Shevat 5767), 30.
[2] This play was printed for the first time from manuscript by C. Shirman in a critical edition in 1946 and than reissued by him with additions in 1965. This piece with the quote of aznei Haman can be found in the second edition on page 67. This particular passage was also reprinted by Shirman in his Letoldos Hashira vHadrama Haivrit, 2, pg 52-53. Shirman includes a nice introduction and background on Yehudah Sommo printed in both these places.

This play is the first known play performed for Purim. From this time period and onwards we have a very rich literature of plays and musicals. They were performed especially on Purim but on other occasions such as Simchas Torah and weddings (Shirman, Ibid, pp. 63-67; 80 -85). To be sure these plays were also met with opposition most notable by R. Samuel Abhuv [See, Shu"t Davar Shmuel, siman daled and Shirman, ibid pg 47, 56]. This is the one and the same that was against Meschtas Purim and cross dressing. However, it could be there was not so much out rage against it as the Rabonim felt it was a lost battle or the lesser of two evils to go to ones of Gentiles. Of the many play writers some were very famous gedolim most notable the author of Ikrei Dinim, R. Moshe Zechuto and the Ramchal. This whole topic has been dealt with very much in depth by C. Shirman in his Letoldos Hashira VHadrama Haivrit, 2, pgs 44-94. On the Ramchal see: Shirman, ibid, pg 84-85 and 161-175.

This era in Italy was followed by a long period of Yiddish plays many of which were collected by C. Shmirk. Until today in many circles especially yeshivas plays are performed on Purim. In Europe some of the plays were performed by the bochrim to raise money for themselves. In many memoirs we have accounts of how much the masses enjoyed these plays. Just to list a few of the very many sources on this topic. See the accounts in Pauline Wengeroff, Rememberings: The World of a Russian-Jewish Woman in the Nineteenth Century pp. 31- 32; A. S. Sachs, Worlds That Passed, pp. 232-234 ; Zechronot Av Ubeno, p. 356.

On purim plays in general much has been written see: Israel Abrahams, Jewish life in the Middle Ages, pgs 260- 272; H. Pollack, Jewish Folkways in Germanic Lands (1648-1806), pp. 184- 190 and 332-335; Sperber, Minhagei Yisroel,6, p. 201 who writes this was from outside influences; M. Breuer, Ohele Torah, pp. 418-419; E. Horowitz, Reckless Rites, pp. 84-87;
[3] New edition of Tishbi p. 162.
[4] Printed in Kol Shirei Yakov Pronsish p. 363. On these brothers see the Introduction printed in this edition. See also: C. Shirman, Letoldos Hashira vHadrama Haivrit, 2, pp. 57, 138.
[5] Though I was unable to pin-point the comedy, it might be the one called La Reina Esther; see Mark R. Cohen, The Autobiography of a Seventeenth-Century Venetian Rabbi: Leon Modena’s Life of Judah (Princeton University Press, 1988), p. 235. This play was written in Italian and is extremely rare. Recently Marina Arbib wrote an excellent article called ‘The Queen Esther Triangle: Leon Modena, Ansaldo Ceba and Sara Copio Sullam’, printed in the book Aryeh Yeshag pp. 103-135. See also C. Schirman, Letoldos Hashira vHadrama Haivrit, 2, p. 55.
[6] Israel Davidson, Parody in Jewish Literature (New York, 1907), p. 193.
[7] Lady Judith Cohen Montefiore, The Jewish Manual (London, 1846)
[8] R. Baruch ha-Levi Epstein, Mekor Barukh (vol 1, p. 974)
[9] Pauline Wengeroff, Rememberings: The World of a Russian-Jewish Woman in the Nineteenth Century, ed. Bernard Dov Cooperman, trans. Henny Wenkart (University Press of Maryland, 2000), p. 29.
[10] Zechronot Av Ubeno, p. 24.
[11] A. S. Sachs, Worlds That Passed (Jewish Publication Society of America, 1928), p. 229.
[12] Shlosha Olmos, 3, p. 22.
[13] Simcha Assaf, Sefer Hamoadim, p. 29.
[14] Forward from Exile: The Autobiography of Shmarya Levin, ed. and trans. Maurice Samuel (Jewish Publication Society of America, 1967).
[15] Botchki, p. 69.
[16] Minhagei Amsterdam p. 149 # 12
[17] Yalkut ha-Minhagim, pg. 210
[18] Hamachazeh Ha-Ivri, p. 76 n.654.
[19] Parashat Beshalach, end of chap. 16; [This source is also quoted in the Otzar ha-Lashon ha-Ivrit, however the editors simply describe it as a "phrase from the Middle Ages" (vol 1 p. 59).] When I first wrote this suggestion from R. Askenazi, R. M. Honig pointed out to me that it is more likely that they were referring to Sufganyuos as it is evident from the words of Rav Mamion the father of the Rambam where he says:

 אין להקל בשום מנהג ואפילו מנהג קל. ויתחייב כל נכון לו עשית משתה ושמחה ומאכל לפרסם הנס שעשה השם יתברך עמנו באותם הימים. ופשט המנהג לעשות סופגנין, בערבי אלספינג, והם הצפחיות בדבש ובתרגום האיסקריטין הוא מנהג הקדמונים משום שהם קלויים בשמן לזכר ברכתו – כלומר לנס שבפך שמן

(See my earlier post on this). This could be further supported with the words of Emanuel Haromi in Machbres Emanuel where he writes (p. 168):

בכסליו… ואחרת תבשל הרקיקים, וצפחית ומעשה החבתים.

This could be another early source for Sufganyuos. However in light of these words of Yehudah Sommo where he says:

לנו שנאכל בימי הפורים האלה מאזני המן – הן המה הרקייקם הנעשים בסולת בלולה בשמן, וזהו שאמר אחרי כן “וטעמו כצפיחית בדבש”.

So it could very well be that the Abarbanel and Kaspi were referring to Hamantashen.
[20] Machbres Emanuel pp. 109, 169. According to this that the possible source for eating aznei Haman comes from Emanuel Haromi! It is not clear if he had a source from Chazal for this statement that Haman was deaf as much of what he says is based on Chazal. However there is a good chance that this was just a joke of his. This would not be the first time that a joke of his became accepted in our regular literature. R. Askenazi pointed out to me one such example in the Tur Al Hatoroah, Bresheis (pg 7) where he writes as follows:

ויאמר האדם האשה אשר נתתה עמדי הוא נתנה לי מן העץ ואכל. לפי הפשט שהכתני בעץ עד כי שמעתי לדבריה.

The source for this is really Emmanuel Haromi (pg 400) where he writes:

ויגש העשרי ויאמר: אמר נא, פלא יועץ מה רצה הכתוב באמרו היא נתנה לי מן העץ והיה לו לומר מפרי העץ, לפי הנראה ועתה אמר נא, בחסדך מה פרוש בו אתה רואה? ואען ואמר: חייך, ידידות נפשי! פרוש הפסוק הוא: היא נתנה לי מן העץ על ראשי ודכאה לארץ חיתי עד שאכלתי על כרחי, שלא בטובתי.

R. Askenazi noted that this pirish which was meant as a joke was accepted by many besides for the Tur amongst them the Moshav Zekanim R. Yakov Meveinia.
[21] Yedah Haam, 3, p. 70.
[22] See the excellent article of Dov Saden printed in his work Shay Olomos (pp. 25-38) on the development of this word hamantashen, based on an incredible wide range of sources. This piece helped me find some of the rather unknown sources. See also Yehudah Avidah in his work on Yiddish Foods ‘Yideishe macholim’ pp. 46-49. See also Dov New, Machanaim (# 43) and the recent issue of the Kulmos (#60) p. 17.
[23] Chaim Schauss, The Jewish Festivals (Random House, 1938; Hebrew, 1933), p. 270. The source for the first reason can be found in Judah David Eisenstein, Otzar Dinim u-Minhagim (New York, 1917), p. 336, and for the last reason in Yitzhak Lifshitz, Sefer Ma’atamim (Warsaw, 1889), p. 86.
[24] Avraham Eliezer Hershkowitz, Otzar Kol Minhaghei Yeshrun (St. Louis, 1918), p. 131. See also R. Cohen in his book Puirm VChodesh Adar, pp. 116-117 and R. Kamile, Shar Reveun, p. 206.
[25] R. Yisrael Isserl of Ponevezh Sefer Menucha u-Kedusha (Vilna, 1864), pp. 271-72.
[26] Yaakov Michoel Jacobs, Bemechitzas Rabbeinu: Hagaon Rav Yaakov Kamenetzky, zt”l (Feldheim, 2005), p. 142.
[27] Yom Tov Lewinsky, Sefer Hamoadim (pp. 153-154); Dov New, Machanaim # 43. New quotes a piece from Yashar which I have been unable to locate on this topic if any one knows its location please be so kind as to let me know. This source is also quoted by Ben Yehuda in his dictionary under the entry aznei.
[28] Ibid.
[29] R. Avraham Mor, Kol Bo LePurim (Lemberg, 1855), pg. 6. See Israel Davidson, ibid. pg 234-235, #191.
[30] Elliott Horowitz, Reckless Rites: Purim and the Legacy of Jewish Violence (Princeton University Press, 2006)
[31] Ibid, p. 9.
[32] Ibid, p. 218.
[33] Ibid, p. 219.
[34] Ibid, p. 228.

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Rabbi Eliezer Brodt, author of Bein Kesseh L’Esor and Lekutei Eliezer, is a prolific writer whose numerous articles, mainly on researching the origins of Minhagei Yisrael, have been featured in many Torah and Halacha journals, as well as The Sefarim Blog. He is currently working on his third sefer ‘Uru Yeshainim M’Shinaschem’ on Minhagei Aseres Ymei Teshuva. He can be reached at eliezerbrodt@gmail.com

 

Matanos L’evyonim – A Halachic Review – Q & A

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Posted by Rabbi Yehuda Spitz
March 15th, 2011
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by Rabbi Yirmiyohu Kaganoff

Megillas Esther teaches that one of the mitzvos established by Mordechai and Esther was “matanos la’evyonim,” giving gifts to the poor. Since the megillah states one should give gifts “La’evyonim,” which is plural, we derive that one must give gifts to at least two poor people (Gemara Megillah 7b).

 WHAT IS THE MINIMUM GIFT TO FULFILL THE MITZVAH?

 There are several opinions regarding the minimum gift needed to fulfill the mitzvah. The Maharasha contends that one must give each person an amount significant enough to be respectable (Chiddushei Agados, Megillah 7a s.v. shadar). Some contemporary poskim rule this way.

 Zera Yaakov (Shu”t #11) contends that it is sufficient if the poor person could purchase a minimum meal with the gift, which he defines as bread the size of three eggs (quoted in Pischei Teshuvah 694:1). Thus according to this opinion, one fulfills matanos la’evyonim if one gives three slices of bread to each of two poor people (or enough money for each to purchase three slices of bread).

 Ritva contends that one is required to give only the value of a prutah, a copper coin worth only a few cents (Ritva, Megillah 7b; Menoras HaMaor; Shu”t Maharil #56). Mishnah Berurah (694:2) rules this way and one can certainly follow this approach.

 HOW MUCH SHOULD ONE STRIVE TO GIVE?

 The above amounts are indeed extremely paltry matanos la’evyonim and only define the minimum amount to fulfill the mitzvah. There are two other rules that are important:

 Firstly, one should give money to every person who asks for a tzedakah donation on Purim without verifying whether he has a legitimate tzedakah need (see Yerushalmi Megillah 1:4). We will explain the details of this halacha later. (It is obvious that one should not make a major donation without verifying that the need is legitimate.)

 Secondly, one should calculate how much one intends to spend for shalach manos and the Purim seudah and then designate a greater amount of money for matanos la’evyonim (Rambam, Hilchos Megillah 2:17).

 MATANOS LA’EVYONIM VERSUS SHALACH MANOS

 Question: Assuming that one has limited resources, which is more important to give, many gifts to the poor or many shalach manos?

 One should give a greater amount of matanos la’evyonim and limit how much shalach manos he sends (Rambam, Hilchos Megillah 2:17).

 IS IT BETTER TO GIVE A LOT TO A FEW POOR, OR A LITTLE TO EACH?

 The Bach rules that someone with 100 gold coins to distribute for matanos la’evyonim should distribute one coin to each of 100 poor people rather than give it all to one individual because this makes more people happy (Bach 695 s.v. v’tzarich lishloach). According to Rav Elyashiv, it is better to give two large gifts that will make two aniyim happy than to give many small gifts that are insufficient to make the recipients happy (quoted in Shevus Yitzchok on Purim, pg. 98).

 These two Piskei halacha are not in conflict — quite the contrary, they complement one another. The mitzvah of matanos la’evyonim is to make as many poor people happy as possible. Receiving a very small gift does not place a smile on a poor man’s face, although it fulfills the minimal requirements of the mitzvah as noted above. However, both the Bach’s gold coin and Rav Elyashiv’s large gift accomplish that the poor person becomes happy. Therefore, giving each person enough of a gift to bring a smile to his face is a bigger mitzvah than giving a very large gift to one person and being unable to bring a smile to the others. Thus, the optimal way to perform the mitzvah is to make as many people happy as possible.

 MAY MATANOS LA’EVYONIM COME FROM MAASER FUNDS?

 The minimal amount that I am required to give may not be from maaser funds just as one may not spend maaser money on other mitzvos (Shu”t Maharil #56; Magen Avraham 694:1). The additional money that I give may be from maaser (Magen Avraham 694:1). However, since I concluded that one is not required to give more than one perutah to each of two poor people, two perutos are worth only a few cents. Therefore, once can assume that virtually all one’s matanos la’evyonim may come from maaser money.

 DO I FULFILL THE MITZVAH WITH MONEY GIVEN BEFORE PURIM?

 If the poor person receives the money on Purim, one is yotzei (Be’er Heiteiv 695:7; Aruch HaShulchan 694:2). Therefore, one can fulfill the mitzvah by mailing a contribution if one is certain that the poor person will receive it on Purim. If the poor person receives the money before Purim, one is not yotzei (Magen Avraham 694:1).

Similarly, one does not fulfill the mitzvah of matanos la’evyonim if the ani does not receive the money until after Purim.

 DO I FULFILL MATANOS LA’EVYONIM BY DONATING MONEY TO AN ORGANIZATION?

 If the organization distributes the money to the poor on Purim, I can perform my mitzvah this way.

 DOES GETTING A TAX DEDUCTION PRECLUDE ME FROM FULFILLING MATANOS LA’EVYONIM?

 If I donate the money through an institution that will distribute the money on Purim, I can fulfill the mitzvah and also deduct the donation from my tax liability.

 CAN I FULFILL THE MITZVAH BY CHECK?

 If the poor person can convert the check into cash or food on Purim, then I fulfill the mitzvah (Shvus Yitzchok pg. 99, quoting Rav Elyashiv).

 DOES MY WIFE NEED TO GIVE HER OWN MATANOS LA’EVYONIM?

 A woman is obligated in matanos la’evyonim (Shulchan Aruch 695:4). Magen Avraham states “I did not see that people are careful about this, possibly because this rule applies only to a widow or other woman who does not have a husband but that a married woman fulfills her obligation by having her husband distribute for her. However, one should be more machmir.” Thus according to the Magen Avraham, a woman should distribute her own money to the poor. It would be acceptable for a husband to tell his wife, “I am giving matanos la’evyonim specifically on your behalf,” but it is better if he gives her the money for her to distribute or gives the money to a shaliach to be zocheh for her, and then gives the money to the ani. Although most poskim follow the Magen Avraham’s ruling, some rule that a married woman fulfills the mitzvah when her husband gives, even without making any special arrangements (Aruch HaShulchan 694:2), and others contend that a married woman has no responsibility to give matanos la’evyonim (Pri Chodosh, quoting Maharikash).

 MUST I GIVE MONEY?

 No. One fulfills the mitzvah by giving the poor either food or money (Rambam). However, one should give the poor person something that he can use to enhance his celebration of Purim (see Pri Megadim, Mishbetzos Zahav 694:1).

 MUST THE POOR PERSON USE THE MONEY FOR PURIM?

 No. The poor person may do whatever he wants with the money (see Gemara Bava Metzia 78b).

 MAY ONE FULFILL THE MITZVAH AT NIGHT?

 One does not fulfill the mitzvos of matanos la’evyonim, shalach manos, or the Purim meal if they are performed at night (see Machatzis HaShekel 694:1).

 HOW POOR MUST A PERSON BE TO QUALIFY FOR MATANOS LA’EVYONIM?

 The Mishnah (Peah 8:8) states that someone who owns less than 200 zuz qualifies to collect most of the Torah’s gifts to the poor, including maaser ani, the second tithe reserved for the poor, and peah, the corner of the field left for them. What is the modern equivalent of owning 200 zuz? Contemporary poskim rule that someone whose income is insufficient to pay for his family’s expenses qualifies as a poor person for all halachos including matanos la’evyonim. This is assuming that he does not have enough income or savings to support his family without selling basic essentials (Piskei Teshuvos 694:2).

 DOES A POOR PERSON HAVE A MITZVAH OF GIVING TO THE POOR?

 Does the mitzvah of matanos la’evyonim apply to the poor? Is there an easy way for him to perform it?

 The Tur (694) states that “Chayov kol adam litein matanos la’aniyim,” “Every person is obligated to give matanos la’evyonim.” What is added by emphasizing “kol,” everyone? The Bach explains that this emphasizes that even a poor person, who is himself a tzedakah recipient, must also give.

 Is there an inexpensive way for a poor person to give matanos la’evyonim?

 Yes, he can give part of his seudas Purim to another poor person and the other poor person reciprocates. Thereby, they both fulfill matanos la’evyonim (Mishnah Berurah 694:2). Also, note that according to what I concluded above, a poor person can give a quarter to each of two other paupers and thereby fulfill the mitzvah.

 MAY ONE USE MONEY COLLECTED FOR MATANOS LA’EVYONIM FOR A DIFFERENT PURPOSE?

 One may not use money collected for matanos la’evyonim for a different tzedakah (Gemara Bava Metzia 78b). This is because the people who donated the money expect to fulfill two mitzvos with their donation: tzedakah and the special mitzvah of matanos la’evyonim. Thus, if one uses the money for a different tzedakah purpose, they fulfilled the mitzvah of tzedakah, but not the mitzvah of matanos la’evyonim.

 If someone decided to give money for matanos la’evyonim, he is required to give it for this purpose even if he did not say so (Mishnah Berurah 694:6, quoting Hagahos Ashri).

 PURIM VERSUS SHUSHAN PURIM

 Do residents of Yerushalayim and other ancient walled cities who observe Purim on the fifteenth of Adar (often referred to as “Shushan Purim”) fulfill the mitzvah of matanos la’evyonim by giving to the poor who observed Purim the day before? Do people who observe Purim on the Fourteenth fulfill the mitzvah by giving to the poor of Yerushalayim when it is not yet Purim for them? These are good questions that are debated by contemporary poskim.

 In the words of the Rambam (Hilchos Megillah 2:17), “It is more important to provide more gifts to the poor than to have a more lavish Purim seudah or send more shalach manos. This is because there is no greater and honored joy than bringing happiness to orphans, widows and the needy. Someone who makes the unfortunate happy is likened to Hashem’s Divine Presence, as the pasuk says: ‘He who revives the spirit of the lowly and brings to life the heart of the crushed,’” (Yeshayah 57:15).

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Rabbi Yirmiyohu Kaganoff, a prolific Halacha writer, and former Rav and Dayan in Buffalo and Baltimore, currently serves as a Morah Hora’ah in Neve Yaakov in Yerushalayim. Rabbi Kaganoff, a renowned posek who answers shaylos from around the world, is the author of seven books on Rabbinic scholarship, both in English and Hebrew. He and his Rebbitzin are extraordinarily dedicated to the Jewish people, and work tirelessly to assist, support and teach. They have touched countless lives and earned the respect of thousands. He can be reached through his website www.rabbikaganoff.com.

Rabbi Kaganoff also runs a Tzedaka Organization – Nimla Tal. To learn more about it or to donate, please click here: http://rabbikaganoff.com/about-nimla-tal.