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Sunday, Dec. 27 2009, 10 Teves 5770
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Halacha For Today:
Sunday
December 27th 2009
10 Teves 5770 (Fast Day, Asara B'Teves)
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1)One who journeyed through a sea and arrives at his destination safely recites Birchas HaGomel. (Shulchan Aruch Siman 219:1)
This only applies to a sea or ocean (i.e. where the large waves and other elements can be dangerous) and not to rivers and other calm bodies of water. (See Biur Halacha Siman 219 Dibur Hamaschil Yordei)
The Bracha is only recited after arriving on dry land, even if something dangerous transpired while the ship is still en route from which they were saved. (Kaf HaChaim Siman 219:4 and Mishna Berura 219:1)
2) One who travels through an underwater tunnel (such as the tunnel connecting England and France) is not considered to have journeyed through the sea and does not recite Birchas HaGomel upon leaving the tunnel. (Shu"t Shevet Haleivi Vol. 9 Siman 72 and Shu"t L'Horos Nosson Vol. 7 Siman 10. See also Shu"t Minchas Yitzchak Vol. 4 Siman 11)
Similarly, one who takes a ferry ride or otherwise is on a ship for a short period of time and not for an extended journey, does not recite Birchas HaGomel upon getting off the ship, unless the ship was in actual danger at some point in the ride.
Today's days when ship travel is basically nonexistent, A Rav should be consulted with the specific details of any ship ride to determine if Birchas HaGomel is halachically required.
***
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QUESTION & ANSWER CORNER:
Reader Submitted Questions of interest on topics related to Halachos we covered, as well as other interesting topic and Answers. Taken from the Q & A pages on the Halacha For Today website.
Although the answers I give to questions are taken directly from the Sifrei HaPoskim, and aren't my own, they are still for study purposes only, NOT for Psak Halacha.
Questions can be emailed to HalachaForToday@Yahoo.com
Reader's Question:
If one had to Daven over Shmoneh Esrei because they forgot Yaleh V'Yavo [or any other insertion that needed to be said] do you count the extra 19 brochos towards the count of the 100 Brachos that need to be said each day?
Answer:
The second, valid , Shemona Esrei is definitely counted. The question is if the original Shemona Esrei is counted.
The Poskim debate this.
They base it on the machlokes (which we recently discussed) if one omitted something from Shemona Esrei and thus needs Tashlumin, is the Tashlumin coming to give him just the part he missed, or is the whole Shemona Esrei invalid, and thus the Tashlumin is necessary for the entire Shemona Esrei.
If its like the first opinion, then the first Shemona Esrei was valid as far as the 100 brachos are concerned. If it's like the second opinion that the entire Shemona Esrei was invalid, most likely those Brachos will not count toward the 100.
The Chazon Ish was said to have ruled that indeed a shemona esrei that needed to be repeated was still counted toward the 100 brachos. (brought in Ma'aseh Ish page 88)
(See Shu"t Eretz Tzvi Vol. 1 Siman 23 for more on this topic) |
Our holy sages, the Chazal tell us תנא דבי אליהו כל השונה הלכות בכל יום מובטח לו שהוא בן עולם הבא, שנאמר הליכות עולם לו, אל תקרי הליכות אלא הלכות - one who studies [at least two] Halachos daily is assured a portion in Olam Haba - the world to come. (:מגילה כ"ח )
Please visit my website www.HalachaForToday.com for archives, Kosher links, Questions and Answers,and other features. Halachos are for study purposes only, and should not be relied upon for final Psak. See Halacha L'Maaseh Disclaimer Here. I welcome all questions on any topic, anytime! Help spread the word of Hashem!
Please Tell your friends about this list and have them sign up too!
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Tizkeh L'Mitzvos! |
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Posted 12/27/2009 12:00 AM |
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Erev Shabbos Kodesh, Dec. 25 2009, 8 Teves 5770
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Halacha For Today:
Erev Shabbos Kodesh Parshas VaYigash
December 25th 2009
To dedicate the learning of a day (or more) of Halacha For Today, or to make a much appreciated donation to help us spread Halacha For Today to many more Jews around the world, please CLICK BUTTON BELOW. No PayPal account is necessary to make a donation, regular credit card donations can be processed via PayPal as well. Thank you and Tizkeh L'Mitzvos!
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SPECIAL DOUBLE PORTION L'KAVOD SHABBOS KODESH
Halachos for Erev Shabbos Kodesh
1) We learned that one who was in a dangerous situation and was saved recites Birchas HaGomel. We will now discuss some various different "situations" and their Halachic status.
The Poskim point out that one needn't necessarily be in actual danger, rather even if one was in a place or situation where it is common to encounter danger, if he passed through and was never presented with any actual danger the Bracha is still recited. (See Biur Halacha Siman 219 Dibur Hamaschil Yordei HaYam where he cites an example of one who travels over calm waters of a sea would recite Gomel, because it is common to encounter dangerous waves etc. in the place he crossed. See also Shu"t Har Tzvi Siman 113)
2) One who was in a serious car collision that potentially could have caused death, and survived, recites Birchas HaGomel (Based on Shulchan Aruch Siman 219:9 that one who had a "collision" with a bull recites Gomel)
One who was "almost" in a serious collision and at the last moment averted the danger, does not recite Birchas HaGomel (See Shu"t Teshuvos V'Hanhagos Vol.2 Siman 136. He writes there also in the name of Rav Yaakov Kamenetsky Zatzal, that in any case where one was in or near danger, where the Halacha is that one does not recite Birchas HaGomel, still it is important to thank Hashem and say various Tefilos of Hoda'ah. See also Halichos Shlomo Perek 23:1, Shu"t Igros Moshe Orach Chaim Vol. 2 Siman 49 and Shu"t Tzitz Eliezer Vol. 18 Siman 22)
One who was in a war zone and returned to safety unscathed recites Birchas HaGomel. (See Shu" t Shevet Haleivi Vol. 5 Siman 24:2)
Soldiers who are in combat and are saved from an actual danger recite Birchas HaGomel, even if they will still remain in that war zone. (See Shu"t Shevet Haleivi Vol. 9 Siman 45 at length for other details that pertain to soldiers in and out of war zones. See also Shu"t L'Horos Nosson Vol. 11 Siman 12)
Halachos for Shabbos Kodesh
1) One who was kidnapped by terrorists or other dangerous beings, and was released, recites Birchas HaGomel (See Shu"t Yechaveh Da'as Vol. 2 Siman 25)
A caravan of vehicles that was traveling through enemy territory where stones were thrown at them with the intent to kill, if one vehicle was damaged and in danger, the members of all the vehicles in the caravan, even the ones that were not damaged but could have been, recite Birchas HaGomel. (Shu"t L'Horos Nosson Vol. 11 Siman 13)
If one was held up by an armed robber who threatened to kill him unless he handed over money, since his life was in danger, he recites Birchas HaGomel upon getting out of the situation alive. (Shu"t Va'Yan Dovid Siman 36)
2) One who was in prison [for an extended period of time], if it was for a matter that could have resulted in a death sentence, according to all Poskim he recites Birchas HaGomel upon being released.
If he was incarcerated for other reasons, and was never in danger of being executed, it is a big dispute amongst the Poskim if Birchas HaGomel is recited upon being released, and according to many Poskim the Bracha should thus be recited without Shem U'malchus, especially in today's society where execution is never carried out for anything other than capital crimes, and even then very rarely. (See Biur Halacha Siman 219 Dibur Hamaschil Chavush. See also Kaf HaChaim 219:11, Aruch HaShulchan 219:5, Kitzur Shulchan Aruch Siman 61:1 and Chayei Adam Klal 65:6. See also Shu"t banyan Av Vol. 1 Siman 6)
***
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QUESTION & ANSWER CORNER:
Reader Submitted Questions of interest on topics related to Halachos we covered, as well as other interesting topic and Answers. Taken from the Q & A pages on the Halacha For Today website.
Although the answers I give to questions are taken directly from the Sifrei HaPoskim, and aren't my own, they are still for study purposes only, NOT for Psak Halacha.
Questions can be emailed to HalachaForToday@Yahoo.com
Reader's Question:
I'm not sure but i remember learning that you do not have to use a utensil when you wash for Neegel Vasser in the morning and that the only time when it is a must is when you are washing for bread. Is that correct?
I remember learning it in the Kitzur Shulchan Aruch.
Answer:
There is an opinion in the Rishonim (The Rosh, quoted in Taz Siman 4:1) that does not require a Kli for Negel Vasser. The Rama Siman 4:7 rules that washing without a Kli does not invalidate the Negel vasser
However, the Shulchan Aruch Siman 4:7 strongly suggests to indeed wash with a Kli. (Psak of the Rashba quoted in the Bais Yosef Siman 4 Dibur HaMaschil U'Mashma. See also Aruch HaShulchan Siman 4:7 where he quotes the Zohar that requires a Kli for Negel Vasser, and stresses the danger that will be present if a Kli isn't used.)
The Mishna Berura (Siman 4:16 and 17) writes on the Rama above that L'Chatchila Negel Vasser must be washed with a utensil, as if it isn't washed with a utensil the Ruach Ra is not lifted from the person's body. If for whatever reason the hands were not washed with a Kli, they must be rewashed as soon as possible inthe correct manner, with a Kli (Mishna Berura Siman 4:25 and 26)
Incidentally, the Kitzur Shulchan Aruch (Siman 2:1) clearly states that a utensil is required for Negel Vasser.
Bottom line: If a utensil is available, it should be used. Even if it isn't available, the hands should be washed under the faucet, opening and closing the faucet each time, alternating the hand, until each hand was washed at least 3 times. And as soon as a utensil becomes available, the hands should be rewashed again with a proper Negel Vasser.
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Our holy sages, the Chazal tell us תנא דבי אליהו כל השונה הלכות בכל יום מובטח לו שהוא בן עולם הבא, שנאמר הליכות עולם לו, אל תקרי הליכות אלא הלכות - one who studies [at least two] Halachos daily is assured a portion in Olam Haba - the world to come. (:מגילה כ"ח )
Please visit my website www.HalachaForToday.com for archives, Kosher links, Questions and Answers,and other features. Halachos are for study purposes only, and should not be relied upon for final Psak. See Halacha L'Maaseh Disclaimer Here. I welcome all questions on any topic, anytime! Help spread the word of Hashem!
Please Tell your friends about this list and have them sign up too!
Help us Spread the Word Of Hashem! Donate Today!
Tizkeh L'Mitzvos! |
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Posted 12/25/2009 12:00 AM |
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Thursday, Dec. 24 2009, 7 Teves 5770
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Halacha For Today:
Thursday
December 24th 2009
To dedicate the learning of a day (or more) of Halacha For Today, or to make a much appreciated donation to help us spread Halacha For Today to many more Jews around the world, please CLICK BUTTON BELOW. No PayPal account is necessary to make a donation, regular credit card donations can be processed via PayPal as well. Thank you and Tizkeh L'Mitzvos!
If you are just joining us today, please see ARCHIVES so you can review the previous Halachos on this and other topics.
1)We mentioned yesterday that one who was ill with a [serious] sickness must recite Birchas HaGomel upon being totally healed.
There is a dispute amongst the Poskim as to what is considered a "sickness" in regard to this:
The Shulchan Aruch (Siman 219:8) rules that upon recovering from any sickness, even one that was not life threatening, the Birchas HaGomel is recited.
According to the Rama (ibid.) only upon recovering from a serious [i.e. life threatening] illness would the Bracha be recited.
The Mishna Berura (219:28) rules that a) if one became ill with an illness that effects the entire body, to the point that we would allow a non Jew to desecrate the Shabbos to obtain a cure, even if it isn't life threatening or b) one became ill [with a non life threatening illness]to the point that they needed bed rest for three days, (or with a life threatening illness which required bed rest for even a shorter period of time) then the Birchas HaGomel would be recited upon being cured. (See Biur Halacha Siman 219 Dibur Hamaschil Kegon Maka for more about the three day requirement)
2) The prevalent custom today's days is not to recite Birchas HaGomel after being healed from common illnesses such as Flus, Cellulitis, infections etc. even if it was accompanied by a high fever and required 3 days of bed rest.
Perhaps the reason for this is that with the many medical advances in today's world (for which of course we must thank Hashem) these common illnesses are highly treatable and seldom lead to life threatening situations, and thus are no longer considered illnesses that require the Birchas HaGomel. (See Ben Ish Chai Parshas Eikev Siman 67. Based on his ruling there, perhaps even on the Flu etc. it should be recited without Shem U'Malchus. For Halacha L'ma'aseh, of course, a Rav must be consulted. See also Ohr L'Tzion Perek 14:44)
***
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QUESTION & ANSWER CORNER:
Reader Submitted Questions of interest on topics related to Halachos we covered, as well as other interesting topic and Answers. Taken from the Q & A pages on the Halacha For Today website.
Although the answers I give to questions are taken directly from the Sifrei HaPoskim, and aren't my own, they are still for study purposes only, NOT for Psak Halacha.
Questions can be emailed to HalachaForToday@Yahoo.com
Reader's Question:
If one forgot to say Ya'ale Veyavoh at Mincha on Rosh Chodesh and only realized after shkiya, does he have to do a Tashlumim (make up) Shmone Esrei at Maariv?
If yes, does it make a difference if the next day is no longer Rosh Chodesh?
Answer:
Yes, a Tashlumin is necessary at Maariv.
If it is Rosh Chodesh, the Tashlumin of course will be with Ya'aleh V'Yavo.
If it is no longer Rosh Chodesh at Ma'ariv, it is a machlokes HaPoskim.
Some Poskim say that if you daven your Tashlumin without Ya'aleh V'Yavo, then you defeated your purpose, so there is no point of davening again, as you are missing a Ya'aleh V'yavo from Mincha, and you are still missing it after the Tashlumin.
Others say that by missing Ya'aleh V'yavo in your Mincha Shemona Esrei, you were not Yotzei your Shemona Esrei at all, so the Tashlumin is necessary for your Shemona Esrei and not just for the Ya'aleh V'Yavo, so of course by doing a Tashlumin, you make up for a missing Shemona Esrei.
So, what should be done?
The Poskim say that the best thing to do is to indeed daven two Shemona Esrei by Ma'ariv, and a T'nai (stipulation) should be made before starting the second Shemona Esrei, as follows:
"If I am obligated in this Tefilah, it should satisfy my obligation. If I am not obligated in this Shemona Esrei, let it be considered a Tefilas Nedava (not a mandatory Tefilah, similar to a Korban Nedava which was not obligatory)"
If Ya'aleh V'Yavo was mistakenly recited in the Shemona Esrei of Tashlumin, when it was no longer Rosh Chodesh, it isn't considered a Hefsek.
If this happens when Rosh Chodesh is on Friday, it will not work, as we may not daven Tefilas Nedava on Shabbos. (If it does happen on Friday night, either have Kavana when the Chazan says the Bracha of M'Ein Sheva, or even better, daven for the Amud, if possible, and by saying the M'Ein Sheva it will be your Tashlumin)
The above applies every time one has a real safek if he is obligated in davening a Shemona Esrei, that it be done with this stipulation.
(See Mishna Berura Siman 108: 32-35, and Biur Halacha Siman 108:12 Dibur Hamaschil HaToeh) |
Our holy sages, the Chazal tell us תנא דבי אליהו כל השונה הלכות בכל יום מובטח לו שהוא בן עולם הבא, שנאמר הליכות עולם לו, אל תקרי הליכות אלא הלכות - one who studies [at least two] Halachos daily is assured a portion in Olam Haba - the world to come. (:מגילה כ"ח )
Please visit my website www.HalachaForToday.com for archives, Kosher links, Questions and Answers,and other features. Halachos are for study purposes only, and should not be relied upon for final Psak. See Halacha L'Maaseh Disclaimer Here. I welcome all questions on any topic, anytime! Help spread the word of Hashem!
Please Tell your friends about this list and have them sign up too!
Help us Spread the Word Of Hashem! Donate Today!
Tizkeh L'Mitzvos! |
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Posted 12/24/2009 12:00 AM |
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Wednesday, Dec. 23 2009, 6 Teves 5770
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Halacha For Today:
Wednesday
December 23rd 2009
To dedicate the learning of a day (or more) of Halacha For Today, or to make a much appreciated donation to help us spread Halacha For Today to many more Jews around the world, please CLICK BUTTON BELOW. No PayPal account is necessary to make a donation, regular credit card donations can be processed via PayPal as well. Thank you and Tizkeh L'Mitzvos!
If you are just joining us today, please see ARCHIVES so you can review the previous Halachos on this and other topics.
1) One who was ill with a [serious] sickness (we shall discuss the definition of "serious" tomorrow B'Ezras Hashem), or underwent a surgery [on an internal organ], must recite Birchas HaGomel upon being totally healed. (See Shu"t Tzitz Eliezer Vol. 12 Siman 18 and Halichos Shlomo Perek 23:2 regarding an internal procedure that isn't considered life threatening today, such as inserting stents and balloons and eye surgeries, that they still require Birchas HaGomel due to their being internal. See also Orchos Rabbeinu from the Steipler page 91 where he questions whether an operation to fix a broken bone requires Birchas HaGomel upon healing.)
A Jewish male who was not circumcised as a child, and undergoes a Bris Milah when he gets older, recites Birchas HaGomel upon being healed. (See Shu"t Minchas Shlomo Vol. 2 Siman 4:31 and Shu"t Tzitz Eliezer Vol. 19 Siman 53)
2) If one was only partially healed, or even mostly healed, no Birchas HaGomel is recited until the healing is totally complete. (Mishna Berura Siman 219:1)
Likewise, if one's sickness is in remission, but according to the doctors may possibly return, no Birchas HaGomel is recited until a totally clean bill of health is received. (See Kaf HaChaim 219:43. This seems to be evident from the Mishna Berura 219:25 as well. See also Shu"t Shevet Haleivi Vol. 4 Siman 152:3 and Shu"t Divrei Yatziv Siman 86)
QUESTION & ANSWER CORNER:
Reader Submitted Questions of interest on topics related to Halachos we covered, as well as other interesting topic and Answers. Taken from the Q & A pages on the Halacha For Today website.
Although the answers I give to questions are taken directly from the Sifrei HaPoskim, and aren't my own, they are still for study purposes only, NOT for Psak Halacha.
Questions can be emailed to HalachaForToday@Yahoo.com
Reader's Question:
I saw that the Mishna Berura says to make a [new Bracha of Al ] Netilas Yadayim if one used the restroom for Gedolim or left the premises in the middle of a meal. Is this how we pasken because I've never heard of this or seen anyone actually do it?
Answer:
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