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FRUMToronto Articles Halacha for Today




Blog Image: Halacha For Today Picture.jpg
Wednesday, Erev Rosh Hashana 5771, September 6 2010
Halacha For Today:

Wednesday
September 8 2010
Erev Rosh Hashana 5771

To See Today's Yahrtzeit's CLICK HERE

Today's Halachos are dedicated by a daily reader, M.B., L'Zecher Nishmas his father Ashe Ben Ezra. May his Neshama continue to go higher and higher in Gan Eden and may he be a Meilitz Yosher for the entire family.

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Thank you and Tizkeh L'Mitzvos!

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SPECIAL QUADRUPLE PORTION L'KAVOD ROSH HASHANA AND L'KAVOD SHABBOS


Halachos for Wednesday, Erev Rosh Hashana

1) If one doesn't understand the meaning of the words of Hataras Nedarim (as it is printed in the Siddur or Machzor in Hebrew) it isn't valid. Therefore it is better to say it in English or any other language that you understand, or to read it and its translation beforehand so you will know what you are saying when you say it. (Chayei Adam and Kitzur Shulchan Aruch)

2) Women do not have the custom to say Hataras Nedarim (One of the reasons for this is that doing so in front of 3 men is not Tzniyus). Rather, a married woman should have her husband say to the "Bais Din" that his wife appointed him a Shliach (messenger) to annul her vows, and they in turn say " Mutarim Lah- it is annulled".



Some Poskim (Rav Moshe Sternbuch in Shu"t Teshuvos V'Hanhagos Vol 1 Siman 338 , the Steipler and others) say that women can rely on the communal Hataras Nedarim recited at Kol Nidrei at the onset of Yom Kippur, and this is indeed what many women (especially single girls and women) rely on.





3) It is customary [for men] to immerse in a kosher Mikvah on Erev Rosh Hashana, regardless if they are impure or not, in order to spiritually purify themselves in preparation for the holy day. The accepted custom is to immerse in the Mikvah three times to signify the 3 times it says the word "Tahara- purity" in the Pasuk "V'Zarakti Aleichem Mayim Tehorim. U'Tehartem MiKol Tumoseichem U'Mikol Giluleichem Ataher Eschem- [Hashem says] I will sprinkle purified water upon you, and purify you from all your impurities; and from all your filthiness I will purify you" (Yechezkael 36:25) (Sefer Chasidim, Mateh Ephraim and others).



There are other Minhagim regarding how many times to immerse. Some do it once, some do it 7 times, others do it 12 times etc. If you don't have an established personal custom regarding this, rely on the above and do it three times.

The earliest time for going to the Mikvah is an hour before Chatzos, midday.(Which is around 1:00pm)

4) One should constantly have "Teshuva" on his/her mind throughout the day on Erev Rosh Hashana (Chayei Adam)

Many have the Minhag to go to a grave of a Tzaddik and daven there that Hashem should have mercy on us and forgive our sins and grant us a good year in the merit of the Tzaddik. If a no Tzaddik's grave is accessible, the Poskim recommend going to any Jewish cemetery to daven. (Some even say that if no Jewish cemetery is available, one should go to the outside of a non Jewish cemetery, as just going to any cemetery reminds us that we will not live forever, and that we better start doing Teshuva before it's too late)

One who is impure (due to nocturnal emissions) should preferably not visit a cemetery, especially on Erev Rosh Hashana, as it can be harmful to him. (The Gaon of Vilna and others were extremely stringent about this). It is also better to visit the cemetery before eating, thus many have the Minhag to go immediately after Shacharis.



It is a good custom to give Tzedakah to poor people prior to praying at the grave of the Tzadik (In fact it is best to give Tzedakah prior to praying anytime, as the Pasuk says "Ani B'Tzedek Echezeh Panecha- with the Zechus of Tzedaka will I approach Hashem [to pray]. (see Talmud Bava Basra 10b)



Halachos for Thursday, First day of Rosh Hashana



1) When entering the Shul on the eve of Rosh Hashanah (or when getting ready to daven, for women, or anyone else davening at home) one should enter with a feeling of fear, trepidation and trembling [before Hashem] as the time has arrived for each of us to take the defendant's seat to be judged by the supreme judge (Hashem).



2) It is extremely important to daven with Kavanah (concentration; understanding and meaning the words) on Rosh Hashanah. (Chayei Adam)


3) Although the entire year the Shemona Esrei is recited quietly as not to disturb the concentration of people standing near you, on Rosh Hashanah [and Yom Kippur] many have the Minhag to recite it louder than usual, as this brings them to be able to concentrate better.



4) Being that everyone has a Machzor on these days, we aren't concerned that reciting Shemona Esrei will cause the people near you to lose concentration. However, even if reciting it louder than usual, it should still not be recited too loud, and if one can concentrate fully even when davening low, as is done the whole year, that is still ideal.( Mishna Berura, Shel"ah and others)




Halachos for Erev Shabbos Kodesh, Second day of Rosh Hashanah


1)The Arizal says that one who does not cry on these days can be sure that his/her Neshama isn't worthy and/or complete, and he/she should exert extra effort to atone for their sins, which are preventing the Neshama from reaching its potential. (Brought in Mateh Ephraim. The Chida maintains that even if one isn't really crying, he/she should still force himself to daven in a crying voice.)



The Gaon of Vilna was of the opinion that one shouldn't cry on Rosh Hashanah, as we must be confident that we will come out of the judgment exonerated based on the Pesukim in Nechemia (Perek 8, Pesukim 9-11) [which were said to the Jews on Rosh Hashanah of that year] "V'Al Tivku...Ki Kadosh HaYom...V'Al TisAtzvu- Do not cry...for today is a holy day... and do not be disheartened"


Does the Gaon of Vilna contradict the Arizal? The answer is no, and the explanation is as follows:
There are two kinds of crying. If one forces himself to cry from fear of a bad judgment even the Arizal would agree to the Gr"a that it is not in the spirit of Rosh Hashanah, and shouldn't be done. However, if one's soul causes them to cry involuntarily from within him/herself [during the prayers], even according to the Gaon of Vilna, he will agree to the Arizal that there is no problem at all, with such an "inspired" prayer and it is actually commendable. (See Shu"t Teshuvos V'Hanhogos from Rav Moshe Sternbuch Shlita Vol. 2 Siman 268 for a more lengthy elucidation of the above explanation)


2) After Maariv on the first night of Rosh Hashana it is customary to bless everyone you meet with a special greeting of "L'Shana Tova Techasev [V'Techasem] [L'Alter] U'Lchaim Tovim]-To a good year may you be written and signed immediately for a year of good life". (opinion of the Magen Avraham)


"V'Techasem-and signed" is omitted, as the final signing of the decree happens on Yom Kippur and not on Rosh Hashanah. (Opinion of the Gaon of Vilna, the Ram"a M'Panu and the Levush) (Even though Tzadikim Gemurim and Reshaim Gemurim are signed on Rosh Hashana, that is only for their heavenly reward, but for "life" on this world, even Tzadikim are only signed on Yom Kippur, according to the Gaon of Vilna's explanation)



A third opinion is that it is OK to say V'Techasem, as it is referring to the Chasima- the final ruling- which will take place on Yom Kippur. However, according to this opinion, the word "L'Alter- immediately" should be omitted. (Opinion of the Kaf HaChaim, Mateh Ephraim, Kitzur Shulchan Aruch)



3) Gam Atem- you too", V'Chain L'Mar- So too [should the blessing go] for you", or some other variation of such a response. (Some people refrain from using the term "V'Chain L'Mar" on Rosh Hashana as "Mar" also means bitter and we are careful to only use words, eat foods, and convey feelings of sweetness on Rosh Hashana.)


On the second night of Rosh Hashana according to the Taz and other Poskim the same greeting as the first night is said. However according to the Elya Rabbah, Pri Megadim, Gr"a and other Poskim, it is not recited. The prevalent Minhag is like the latter opinion.



4) The blessing of "Gmar Chasima Tova- A good final judgment" is customarily said instead of "Kesiva V'Chasima Tova" when greeting people anytime from the second day of Rosh Hashana until Hoshana Rabbah.


Halachos for Shabbos Kodesh



1)The day after Rosh Hashanah, 3 Tishrei is known as "Tzom Gedaliah- The Fast of Gedaliah".



When the 3rd of Tishrei falls out on Shabbos, as it does this year, the fast is postponed until Sunday, 4 Tishrei.



It is a fast day that was instituted by the Nevi'im (prophets) to commemorate the death of the prophet Gedalia the son of Achikam, who was the leader of the Jewish people in the period after the destruction of the first Bais HaMikdash. After his assassination at the hands of rival Jewish factions, thousands of Jews who still remained in Eretz Yisroel after the destruction of the Bais HaMikdash, were then driven out by Nebuchadnezzar HaRasha into Galus(exile), and thousands more were killed.


Eretz Yisroel remained desolate and barren, and thus this fast day was established for all of Klal Yisroel throughout the ages.


2) Rabbeinu Yeruchambrought in the Bais Yosef 549, and others)say that Gedaliah was actually killed on Rosh Hashanah, but as not to institute a fast on Rosh Hashanah, it was pushed off to the next day. Many Poskim (Elya Rabbah, Mateh Ephraim, and others), therefore, are more lenient on this fast day regarding nursing and pregnant women, mildly ill people, fathers making a Bris etc., as they maintain that this fast day always has the status of a "fast that was pushed off".



Others (Taz, Be'er Halacha) argue, and maintain that since it was originally instituted on this day (as well as the fact that many Meforshim ,based on the Gemara Rosh Hashanah 19a, and the Rambam Perek 2 of Hilchos Taanis, maintain that he was indeed killed on 3 Tishrei, and not on Rosh Hashanah), it has all the Halachos of the other fast days.



A competent orthodox rabbi should be consulted to determine if any individual with any special situation may in fact be lenient on this fast.


3) The main point of this fast [and all fast days] is to bring our hearts to Teshuva. (See Rambam Hilchos Teshuva 5:1 and Mishna Berura 549:1). It is good to increase on a fast day the amount of Tzedakah one gives. Many have the custom to calculate the amount that their meal(s) (that they aren't eating today) would have cost, and give that amount to poor people instead.

4) It is worthwhile to minimize working on Tom Gedaliah, as well as the entire Aseres Yemei Teshuva, to the best of one's ability, and to try and spend more time learning and davening in Shul and/or the Bais Hamedrash (Chayei Adam)





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:


[You wrote in the halachos of Tefilah]"All the Halachos of Chazaras HaShatz apply as well to the Bracha M'Ein Sheva that is said by the Ba'al Tefilah on Friday nights after Maariv (Baruch Ata...Mogen Avos B'Devaro...Mekadesh HaShabbos") (Kaf HaChaim Siman 124:16)"

Does this apply as well that the SHATZ should keep both feet together? Bow during 'Boruch Ata'? as a regular Chazaras Hashatz?


Answer:

This is a machlokes HaPoskim.

The Mekor Chaim, Tzitz Eliezer and others hold that he should bow.

Other Poskim including Shaarei Zevulun, Yabia Omer, Shu"t Zeh HaShulchan hold that it is forbidden to bow then.

The Shu"t B'Tzel HaChachma Vol. 4 Siman 111 says the Machlokes is if we hold it is exactly like Chazaras HaShatz (and thus should bow) or it is not exactly like Chazaras HaShatz (and thus may not add extra bowings beyond Shemona Esrei).

I didn't see anyone discuss what position the feet must be in, but that again would probably be dependant on the above Machlokes.

Therefore, according to the Kaf HaChaim that I mentioned in the Halachos, it would be required to keep feet togetehr and bow at "Baruch Ata".

This seems to be how most contemporary Poskim say to do it. I saw in the Sefer "Tefilah K'Hilchaso" that he quotes Rav Elyashiv shlita that M'Ikar HaDin it shouldn't be done, but since this is the Minhag of most of Klal Yisroel, it should not be stopped.

*******************
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rAV sHACH SPEAKING

CHIZUK CORNER



As a Zechus for the Refuah Shelaima of one of the Gedolei HaDor, the Telzer Rosh Yeshiva , HaRav Chaim Stein Shlita, R' Chaim Yaakov ben Chasya Miriam, B'soch Sha'ar Cholei Yisroel, we will B'Ezras Hashem post here each day a short Chizuk thought to help us all improve our lives and grow in our service of our Father in heaven, HaKadosh Baruch Hu.


קוה אל ד', חזק ויאמץ לבך, וקוה אל ד'

Chizuk For Today:





Question:

Why doesn't Yom Kippur come first, Rosh Hashana is Yom Hadin and it's a great Sakona, a great danger, we might be inscribed without doing proper Teshuva?

Answer from HaRav Avigdor Miller Zatzal:

And the answer is as follows. There's a Klal and there are Protim. There's a general principle we have to learn, and there are details in that principle. The number one principle that includes everything else, is Emunah in Hashem. What will it help a person to say Al Chait Shechotosi L'fonecho, if he is lacking in Emunah. And therefore Rosh Hashana is dedicated to one purpose, Hashem Melech, all day long. We have to shout again and again. Melech means, He is the One that owns the world. Why does he own the world? Hayom Haras Olam, this is the birthday of the world, on Rosh Hashana He created the world out of nothing.

The whole world is nothing but the imagination of Hashem. Wherever you look it's nothing but Hashem on all sides. And this Klal, this general rule, is the fundamental Teshuva. Of all kinds of repentance, this is the most important and that's most urgent. First and foremost to feel the presence of Hashem in the world, He is the owner, Lashem Ha'aretz Umlo'oh, the whole world belongs only to Him. If we concentrate on that one subject, if we utilize Rosh Hashana properly then we start talking about the Protim, the details. Al Chait Shechatanu L'fonecho on this and on this and on this...

But remember the most important Teshuva, is the Teshuva of not being aware of Hashem Melech.



From the "A moment with Rav Avigdor Miller Zatzal" weekly email. To subscribe Click Here.

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. (Talmud Niddah 73a)


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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Posted 9/7/2010 11:07 PM | Tell a Friend | Halacha for Today | Comments (0)

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