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FRUMToronto Articles Halacha for Today




Blog Image: Halacha For Today Picture.jpg
Sunday, December 28 2008, 7th Day of Chanukah 5769
Halacha For Today: 
 
Sunday
December 28th 2008
2nd Day Rosh Chodesh Teves 5769 (7th Day of Chanukah)
~~~~~~~~~~~~~~~~~~~~~ 
1) It is a Mitzvah to recite "Krias Shema" before going to sleep for the night.
 
This is commonly referred to as "Krias Shema SheAl HaMitah- Shema recited before bed".
 
Even if all three Parshiyos of Shema were already recited after nightfall
(during Maariv or any time), the Krias Shema SheAl HaMitah must be recited again before bedtime.
 
This Halacha is derived from the Posuk "Imru BilVavchem Al Mishkavchem" (Tehilim 4:5. See Rashi on Gemara Brachos end of 4b)

2) Only the first Parsha of Shema must be recited in order to satisfy the obligation of Krias Shema SheAl HaMitah. (If the three Parshiyos of Shema were not recited after nightfall, however, then they must be recited in order to satisfy the obligation of reading Kerias Shema at night, which is independent of the recital of Krias Shema SheAl Hamitah. This is common when davening  early Maariv before real nightfall)

However, many are scrupulous to recite the entire Krias Shema (all 3 Parshiyos) which contains 248 words (when including the three preceding words of "Keil Melech Ne'eman). Doing so will protect a person's 248 limbs [from physical and spiritual harm while he/she sleeps]. (Mishna Berura Siman 239:1)

Women should also recite Krias Shema SheAl HaMitah, since the primary reason for its recital is for Shmirah, protection, and women also require protection. (Elya Rabbah and Pri Megadim Siman 239)
 

question

QUESTION & ANSWER CORNER:
 
(Reader Submitted Questions of interest (on topics related to Halachos we covered, as well as other interesting topics) and my Answers taken from the Q & A page on the Halacha For Today website. For study purposes only, NOT for Psak Halacha. Questions can be sent to Halacha For Today )
 
 
Reader's Question:  
 
With all the [Tzedakah]Chinese Auctions being held around this time, please clarify these questions if you can:
 
1)Can Ma'aser (money one tithes for charity) be used to purchase auction tickets?
2) If so, if you win a prize, do you have to add back the ticket price to the Ma'aser you owe?
3)Do you take Ma'aser from a prize and/or cash that is won?  
4)If you have a Pushka for a particular organization, can the contents be used to buy tickets for that organization's auction, or does it have to be given no strings attached?

My Answer:

1) The Poskim are divided on this issue. The Sefer  Hilchos Maaser Kesofim says in the name of Rav Shmuel Felder shlita ( A respected Posek in Lakewood, NJ) that he heard from Rav Shlomo Zalmen Auerbach Zatzal, and YB"LCT,from Harav Yosef Shalom Elyashiv Shlita that it is prohibited under all circumstances.
 
Other Poskim maintain that as long as there is no limit to the amount of tickets being sold for the item, you may use Maaser money  to purchase the tickets. This is the opinion of Rav Moshe Feinstein Zatzal (Igros Moshe Orach Chaim Vol. 4 Siman 76)
 
According to this if there are a limited amount of tickets being sold in the auction/raffle, then Maaser may not be used for their purchase.
 
Some Poskim  allow maaser to be used in all instances, even when a limited amount of tickets are being sold. (Rav Shmuel Wosner Shlita in Shu"t Shevet Halevi  Vol. 9  Siman 200. See also Shu"t Teshuvos V'Hanhagos from Rav Moshe Sternbuch Shlita Vol. 3 Siman 289)
 
There are so many other opinions in this, with different conditions and stipulations, that it is impossible to write them all here. As always, for a final Psak please consult your Rav.
 
2) Some Poskim maintain that if you win, indeed you should give the amount of the ticket purchase to Maaser again. (Rav Moshe feinstein ibid.)
 
3) Rav Moshe also maintains that you must give Maaser on what you won, as it is no different from any other income you earn. He writes that it is proper to give this Maaser to the organization from whom you won the prize.
 
4) Once you put the money in the Pushka, it belongs to the Tzedaka/Organization, and you may not use it for any purpose from which you will benefit. If while you give the money to the Pushka, you stipulate that you are amassing this money for their auction or rafle, perhaps it would be OK. As with everything, consult  your Rav for a ruling.


Posted 12/28/2008 12:00 AM | Tell a Friend | Halacha for Today | Comments (0)

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