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FRUMToronto Articles Halacha for Today




Blog Image: Halacha For Today Picture.jpg
Thursday, Dec. 24 2009, 7 Teves 5770
 
Halacha For Today: 
 
Thursday
December 24th 2009
7 Teves 5770
 
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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

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!
 
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Tizkeh L'Mitzvos!


Posted 12/24/2009 12:00 AM | Tell a Friend | Halacha for Today | Comments (0)

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