meta: {"file": "/data/tomer/Sefaria-Export/txt/Halakhah/Arukh HaShulchan/English/Sefaria Community Translation.txt"}
text: Arukh HaShulchan
  ערוך השולחן
  Sefaria Community Translation
  
  
  Arukh HaShulchan
  
  Orach Chaim
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  The basis of religion is to believe that our Torah, holy as it is- was given to us at Sinai through the hands of Moses, our teacher.
  
  
  
  
  
  And these are the words of the Rambam there Law 9: "The clothing of a Talmid Chacham is nice and clean, and it is forbidden that a stain or oil, etc. should be found in his clothes. And he shouldn't wear purple clothing — since everyone would look upon the clothing — neither should he wear clothing of poverty — since it disgraces the wearer — rather he should wear nice clothes that are in-between these two extremes. And his skin shouldn't be seen beneath his clothing, like the clothing made out of light flax that is made in Egypt. And his clothing shouldn't hang on the ground, like that of someone low-spirited. Rather, the clothing should reach until his ankles, and his sleeves up until the tips of his fingers... And he shouldn't go out to the market perfumed, or his clothes perfumed, nor should he put perfume in his hair. But if he anointed himself with perfume in order to remove a stinky smell — it is permitted. Also, he should not go out alone at night, unless he had a fixed time to go out to his studies. And all this is to fend against suspicion." (See Brachot 43b, and in Chullin 91a, that explains that "all this" is to fend against demons. Requires further investigation.)
  He also writes there in Law 7: "A Talmid Chacham shouldn't shout when he is talking; he shouldn't raise his voice, but rather speak softly with all the creations (i.e. humans). And when he speaks softly, he should not speak from too far a distance lest he sound haughty. Also, he should precede his friend in greeting. And judge every person with the benefit of the doubt. He should mention his friend's praises and never his friends faults. 'Love peace and chase peace.' (Avot 1:12). If he sees that his words will be helpful and heard — he should speak.  Otherwise — he should keep silent... And he should not speak except with wisdom and kindness etc. And he should not converse with a woman in the market, even if she is his wife or his sister or his daughter." And all the more so he should not become accustomed to swears and oaths. Also, he shouldn't eat his meals in a lot of places. And he should distance himself from settlements of fools and from people who are not respectable.
  We say at the end of Masechet Horayot: there are five things that cause one to forget their learning: Eating from what a mouse or cat has eaten from; and eating an animal's heart; and regularly eating olives; and drinking the excess water from washing; and washing his legs one atop the other. And there are those who say: even one that lays his vessels — that is to say, his clothing — beneath his head. And five things that cause one to remember their learning: Eating toasted bread, and all the more so the burnt parts themselves; and eating a soft roasted egg without salt (see Rashi on Shabbat 38b, "בשביל"); and one who is accustomed to olive oil; and accustoming oneself with wine and spices; and drinking excess water from dough. And there are some who say: even one who dips his finger in salt and then eats.
  It is also found there: There are ten things that are hard for learning (to understand what one is learning): passing beneath the straps of a camel, and all the more so beneath the camel itself; and passing between two camels; and passing between two women; and a woman passing between two men; and passing beneath the bad stench of a corpse; and passing beneath the bridge that water hasn't passed beneath it for forty days; and eating bread that isn't cooked all the way; and eating meat from the spoon that is used to stir the pot; and drinking from the pool that passes through a cemetery; and looking in the face of the dead. And there are some who say: even reading the writing that is on the gravestone, see there. And there are those that have written that wearing two garments together is also hard for forgetting (causes one to forget) (Magen Avraham in the name of Kavanot). Regarding shoes, however, we are not strict.
  Our rabbis, the writers of the Shulchan Aruch Paragraph 4 wrote: "One should put on their right shoe first and shouldn't tie it, then put on the left shoe and tie it, and then should return to the right shoe and tie it. And our shoes that have no tie — one should put on the right shoe first. And when one is removing their shoes — they should remove their left foot first." Until here is their language. And also with socks, when putting on, right first, and when taking off, left first (Shulchan Aruch, the Garshaz). And there are those that argue on this (Artzot Ha'Chayim), but we don't follow that opinion. And also in their tying, as we tie our socks on the leg, that are called "paduskas" — so too, here: one should put on his right sock first but not ties it, then put on the left sock and tie it and then tie the right one. And thus we practice, and one shouldn't stray from the words of our Rabbis the writers of the Shulchan Aruch. And also the Tur ruled like this, see there.
  As an explanation of the matter: since in every place the Torah gives honor to the right, for instance in the service of the Temple, that only the right is valid for the service. And it is so in the sprinkling on the thumb and the big toe in Parashat "Metzora" it is written: "The right [hand/foot]." Also it is so that in all the doings of people — the right is preferred. Therefore, one should dress the right side first. Also therefore, in undressing one should remove the garment on the left first, so that the right will be dressed for longer, since respect of a limb is when it is covered and dressed. Yet, regarding the tying of Tefillin we find that the Torah gave respect to the left, since the Tefillin is tied on the left arm. And thus, everything regarding tying — we give priority to the left. And everything regarding putting on garments — we give priority to the right, and this is according to the Tur and the Shulchan Aruch. And so it is found in Gemara Shabbat (61a) that Rav Nachman Bar Yitzchak said that Mar the son of Revana did so. Yet all of our Rabbis the Rishonim — the Rif, and the Rambam, and the Rosh, and the Mordechai, and the Sefer Mitzvot Gadol (SM"G) — left this idea out completely and didn't mention it at all. And the reason is clear, since after what it says there (ibid): "Rav Ashi says, we see that Rav Kahana was not strict on this matter." See there, and Rav Ashi is a later Amora [and we always follow the later opinions]. (And in the Artzot Ha'Chayim he writes that Mar the son of Revina is the same generation as Rav Ashi, see there. But this is not the case, since here it is Mar the son of "RAVNA", and not "REVINA". And about him Rav Ashi says in Yevamot (22a): "Isn't Mar the son of Ravna signed on it?" [Mar the son of Ravna] was an earlier Amora.. And anyway this idea is mentioned in the Tur and the Shulchan Aruch, since Rav Nachman Bar Yitzchak said: "Someone who is God-fearing should go out...", and it is upon us to uphold the words of the Tur and the Shulchan Aruch.)
  "A person is forbidden to walk four Amot standing upright, as it is written: 'The whole land is filled with [God's] glory'" (Kidushin 31a). "And anyone that walks standing upright — it is as if he is pushing the legs of the Omnipresence" (Brachot 43b). And the Gemara's intention is not that one should walk hunched over, but rather that one shouldn't walk too straight with his neck outstretched like people with too much pride. And these are the words of the Rambam in the fifth chapter from Hilchot Da'ot, Law 8: "A Talmid Chacham should not walk straight and with an outstrectched neck, like it is written, 'And they went with their throats outstretched.' Also, one should not walk with his heel to his big toe, like women and haughty people, as it is written: 'The women would go with their feet close together'. And one shouldn't run in public areas like the crazies, and shouldn't stoop over like people who suffer from a hunched back, but rather look down, like one who is standing in prayer. And one who is walking in the market should look like he is busy with his business. Also from the stride of a person can it be recognized whether he is wise and full of knowledge or if he is dim-witted. And so said Shlomo in his wisdom: "And also in the way that a fool walks his heart is empty, and he is telling everyone that he is a fool.'"
  It is written in Kiddushin there (31a): "Rav Huna the son of Rav Yehoshuah would not walk four Amot with an exposed head. He would say, 'The Omnipresence is above my head.'" And he himself said in Masechet Shabbat (118b): "Good will come to me, since I did not go four Amot with an exposed head." And there (156b) it is written: "Cover your head, so that there will be upon you awe of Heaven." And it is brought there a case in which exposing of the head brings a person to sin. And it is brought in Masechet Kallah: "One time elders were sitting in the gate and two children passed before them, one with a covered head, one with an exposed head. They investigated after the one that had his head exposed and it was found that he is a Mamzer, the son of a women who had been in Niddah, see there. And the idea is that the head, that inside it is the brain, which is the source of wisdom and awe — it is not fitting to be exposed before the Blessed One, that the whole land is filled with [God's] glory, just as one shouldn't stand in a holy place with a exposed head. And if he doesn't cover his head, his inclination overpowers him without any feeling. And we have from the Great Rabbis that explain that at its essence there is a prohibition against having an exposed head, and there are some that explain that it is only a Middah of Chasidut, the right thing to do, but not neccesarily required. However, if you look you will find that it is the common practice. (But in a forced position, such as in the courts of the emperor may his name be glorified, where by the law of the land one may not walk with his head covered — he is permitted to leave his head uncovered. But in a non-forced position, whoever wants to merit awe of Hashem should make sure he does this. Enough said for an understanding person. And if you investigate, you will see that it is simple.)
  Also, he should check if he has to go to the bathroom before prayer, as Rabbi [Yochanan] says (Brachot 15a): "One who wants to take upon himself the yoke of heaven fully — he should go to the bathroom and wash his hands, and he should put on Tefillin, and he should say Sh'ma, and he should pray [the Shemoneh Esreh]." And a person should become accustomed to go to the bathroom in the morning and in the evening, it is being careful and clean. And one only has to check himself. But if he checked and nothing comes out, even if he imagines that he needs to go to the bathroom — he is considered a "clean body" anyway, and is required to pray. And if, God forbid, the time for saying Sh'ma passes because of this [having to go to the bathroom] — the Torah wasn't given to angels, it was given to humans — what can he do? Many people make a mistake about this, thus one should warn them. And he shouldn't walk around with parts of his body naked. And he shouldn't walk around barefoot, since there is nothing more offensive than someone that walks around barefoot.
  
  
  
  It is written, "His angels will be commanded to you, to watch over you on all of your travels". On Shabbos (Meseches (Tractate) Shabbos) 119b we say,"two angles escort a person". In Chagigah 16a, it comes to say, " the two angels that escort this person testify on his behalf". Therefore, the Sages commanded (Brachos 60b) that when one needs to enter the bathhouse,  he should say before he enters "be honored, respected and holy ones, the rulers of above! Watch over me! Watch over me! Help me! Help me! Wait for me until I enter and come out, since this is the way of man!". Its explanation: This person is mentioning that the angels are too holy to enter into the bathhouse and therefore, they should wait for him to exit from there. He is asking them to protect him from demons. This is the true meaning of that which is written, "His angels will be commanded to you, to watch over you on all of your travels". Meaning, wherever one is forced to go, even into a place where the angles cannot enter. The mentioned safeguarding is from demons as was written in prior times, "You shall not fear the fright of night...destruction that ravages at noon" (Tehillim 91). This that one says, "Help me!" is in regard to cleanliness since at the exit of the uncleanliness (excrement) is something that dependent upon all beings; therefore, one says,"this is the way of man!", meaning, "what shall be done if someone is forced to do this?".
  Now, we no longer have the tradition to say this ("be honored..."). This was the tradition of the first and pious whose thoughts were always devoted to G-d. About them it is said, "He who dwells in the covert of the Most High will lodge in the shadow of the Almighty" (Psalms 91:1). They felt the holiness of those who escorted them (the angels) and therefore, it was pleasant for them to say so ("be honored..."). We (in modern times), also have the escort of angles, like the sages of blessed memory have explained (and as we have explained above); however, we can not feel their holiness at all. Our saying this is considered arrogant and egotistical and it appears as arrogance as well. Certainly a holy man who is involved with Torah in holiness needs to say this, but not us, only regular people. This is the essence  and this is the practice. (The "Artzot HaChaim" questions this, but the way I have written this is correct. Refer and you find it easily).
  One should act modestly in the bathroom, and one is not called "modest" unless he is modest in the bathroom (Berachot 62a). That is to say, that he acts modestly in the bathroom, all the more so in other places. This is what the Rambam wrote in Hilchot Deot (Mishneh Torah, Human Dispositions 5, 6): Torah Scholars conduct themselves with great modesty: they don't disgrace themselves, and do not reveal their head or body. Even when they go to the washroom they should be modest, they shouldn't remove their clothes until seated, they shouldn't wipe with their right hand. And he should distance himself from everyone, and enter a room within a room, a cave within a cave, and only then defecate. And if he defecates behind a wall, he should distance himself so that he doesn't hear another if he is making sounds. And if he defecates in a valley, he should distance himself so that nobody sees his nakedness. And he should not speak while he is defecating, even for a great need. And just like he is modest in the washroom during the day, so too should he be at night. And one should always defecate in the morning and the night only, to avoid the need of distancing himself (from others). Until here is his writing, and he omitted some laws that he will outline. And I do not know his reasoning.
  He should shut the door behind him, and two people should not go inside the washroom together. And regarding women they said in Sanhedrin (Sanhedrin 19a): they enacted that women should converse in the bathroom, see there. And this is regarding washrooms in the fields and not in the city. Therefore, nowadays, women, too, should not enter together (Magen Avraham). 
  
  
  
  
  
  
  
  
  And in all blessings we speak to Him may He be Blessed, in the second person- Blessed are You. And in expressions of thanks and praises there occurs the frequent term "You-He" including both second and third persons (Heb.- these are called "present"- 2nd person, and "hidden"- 3rd person.) And the concept is can be understood thusly: G-d's essential being is hidden beyond all that is hidden, and even the different kinds of angels do not know it. It is only through His actions  that He is known to us and to the angels ... this is why we say "You-He," meaning, You on the side of Your actions, He, on the side of His Essence. Therefore in our prayers, when we are asking that God should do x and y, we are speaking on the level of actions, hence we say "You." And so too with all kinds of blessings... this is why we say "You" in the form of presence (2nd person).
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  Our Rabbi the Beit Yosef wrote: "After one dons the Tallit — he should place the Tefillin, since we [only] go up in holiness." And people have questioned upon this ruling: "It should the opposite since Tefillin are more holy, and we have established that anything that is holier than something else takes priority over that something else, and if so he should put on the Tefillin before the Tallit (Sha'agat Aryeh Chapter 28 and the Dagul Mervavah). But the words of our Rabbi the Beit Yosef are correct. That it is in Menachot (49b) that we conclude that commonality and holiness — are both equal in priority, and one can prioritize whichever he wants (between those two). And so the Rambam ruled at the end of Chapter 8 from Hilchot Tamidin, see there. And Tallit compared to Tefillin is more common, as it is worn also on Shabbat and Yom Tov. And so [the Beit Yosef] is saying: that since the two of them (Tallit and Tefillin) are equal in priority, thus from the side of "[Only] going up in holiness", that is to say, to elevate the body — therefore we put on the Tallit before the Tefillin. And so it is in the Zohar at the end of Parashat "Bamidbar" that the Tallit is donned before Tefillin, see there.
  And in any case he wrote in paragraph 2: "One who is careful to wear a Tallit Kattan — he should wear it and [then] place the Tefillin in his house, and he should walk to synagogue dressed in Tzitzit and crowned with Tefillin, and there he should wrap himself in the Tallit Gadol." That is to say: that the Zohar tells to be careful to come to synagogue crowned with Tzitzit and Tefillin, and it is not proper to walk from his house to synagogue in the Tallit Gadol. And how should one do this, if one must precede Tzitzit to Tefillin as I have written? Because of this he says that since he has upon him the Tallit Kattan — he is permitted to don the Tefillin without the Tallit Gadol, and walk to synagogue and there he should place the Tallit Gadol and he will find that he has fulfilled everything. And our Rabbi the Rem"a wrote on this matter: "And everyone practiced to wrap themselves even in the Tallit Gadol before and to make the blessing upon it, and after [putting on the Tallit] he places the Tefillin and walks to synagogue." And he is not arguing with our Rabbi the Beit Yosef. Rather, in his time the Jews lived amongst themselves and they could walk also in the Tallit Gadol to synagogue. And thus they didn't need to fulfill the words of the Zohar regarding the Tzitzit Kattan, since it is not the main [Tallit], rather they would wear the Tallit Gadol [which is the main Tallit] and the Tefillin and would walk t0 synagogue. Yet in our time and in our great sins it is impossible for us to do this at all. And we place both the Tallit and the Tefillin in synagogue.
  And since it was explained in paragraph 1 that one should put on the Tzitzit before the Tefillin, therefore one should caution those who put the Tefillin purse with the Tallit in one purse, as is our practice, that they don't place the Tefillin purse above and closer to the opening of the purse than the Tallit, in order so that he will not touch the Tefillin first and he will have to place them before the Tallit. Since we do not pass up on the performance of Mitzvot. And even though the Tefillin are still in their purse and the reason of "we do not pass up" wouldn't really apply (Magen Avraham), in any case since the reason for placing the Tallit before the Tefillin is itself not so clear, and how much more so according to what we explained that they are technically equal in priority, that the Tallit is common and the Tefillin are holy, thus any touching to the Tefillin — one should precede them. And even if among the Tefillin one touches the Shel Rosh first, we aren't worried because of the reason of "we do not pass up" as will be explained, it is different there since it is a decree from the text to precede the Shel Yad as will be explained, what is not so regarding the Tallit and Tefillin (Turei Zahav).
  But with what is explained in paragraph 2, that they place the Tefillin in their house and the tallit in the synagogue, with this there is certainly no worry even if he touches the Tallit first. Anyway he doesn't need to wrap himself in the Tallit in his house because since he didn't have intention to wear it here, the ruling before (of "we don't pass up") doesn't apply, as in chapter 168 that one must precede the blessing of "Hamotzee" to a bread made from wheat to bread made from barley. But this is when he wants to eat from the bread made from wheat, but when he doesn't want to eat [the wheat bread] — this rule doesn't apply. And it is so here too (Magen Avraham). And know that all this is only when one has before himself the Tallit and the Tefillin prepared, that we have investigated which one to precede the other. But when the Tefillin are prepared before him but the Tallit is not prepared — he shouldn't wait for the Tallit. Rather, he should place the Tefillin, and when the Tallit is brought to him he should wrap himself in it. 
  It was already explained by the Zohar that it is a great thing to walk to synagogue wrapped in the Tallit and crowned in the Tefillin. And even if he has to go through disgusting alleyways — he is permitted to go there, as log as he covers the "Shel Rosh". And this idea is so great, that there were from the great [Rabbis] that ruled that one who was part of a group to go to synagogue before dawn for the saying of Tehillim in a group, and now wants to go back on it since he is unable to walk to synagogue in his Tallit and his Tefillin before dawn, he is permitted to go back on it and is exempt from penalty. And also the promise doesn't fall upon him since it is similar to accidental promises (Magen Avraham in the name of the Maharam from Lublin Chapter 37). And it was for this reason that the Arizal was never among the first ten at synagogue, since many came before dawn and he didn't want to go without the wrapping and crowning of the Tallit and the Tefillin (ibid.). But anyway, many great [Rabbis] argued on this, that before dawn since it is still not time for Tzitzit and Tefillin — we are not concerned [the walking to synagogue with Tallit and Tefillin doesn't apply]. And the warning of the Zohar [to walk to synagogue...] was not referring to this [before dawn] (Eliyah Rabbah and Nahar Shalom and Menachem Azaria). And anyway, annulment of his vow is certainly required (Magen Avraham ibid.) And the reason for the Arizal was not only for this reason, but also because he digestive problems, and thus had to go to the bathroom, and he wasn't able to come earlier. (Machatzit Ha'Shekel. And thus wrote the Magen Avraham on Paragraph 90, see there.)
  And so was the Minhag of the Rosh Z"l: He would wrap himself in the Tallit and would order(say) the [morning] blessings [up] until "[God] crowns Israel with glory," and then he would place Tefillin. And he said this blessing since the Tefillin are called "glory", and it is nice to make that blessing immediately after the placing of Tefillin. So wrote the Tur and the Shulchan Aruch in his name. And it's not law, since in the Gemara the morning blessings were ordered about other things (Berachot 60b), and this blessing is about [not Tefillin, but rather about] putting on a hat, as I have written in Chapter 46. Rather since we are unable to order(say) the blessings, each one in its place [according to Berachot ibid.], we order(say) them together, either at home or in synagogue as will be explained there. Rather they taught us this because if a great man such as the Rosh Z"l did so, certainly whoever is able according to his body and way to do so — he should do so. But it is not law.
  Every Jewish man is obligated to make sure that there will be the Tefillin upon him during Kriyat Shema and Prayer (Amidah/Shemoneh Esreh). And anyone who says Kriyat Shema without Tefillin — it is as if he has testified falsely against himself, and as if he has sacrificed a sacrifice without the libations (Berachot 14b). That is to say: that the false testimony is that he says "And you shall bind them [the Tefillin] as a sign upon your arm..." — and he didn't bind them! And also the Kriyat Shema that he said only counts as half a Mitzvah, like one who sacrifices a sacrifice without the libations. And until when the Tefillin should be upon him will be explained at the end of this chapter, that they should be upon him until after "Aleinu", see there.
  And know that even according to the Halachic authorities that explain that performance of Mitzvot don't need intention, anyway one certainly must know the main idea of the commandment and its core. And with Tefillin if one does not place intention to its main idea at all — he did not fulfill the commandment, and it is as if he did an action of nonsense. And thus one should have intention in their placing that that Holy One Blessed be [God] commanded us to place these four sections, that have in them the Oneness of God's name and the Exodus from Egypt, on the arm opposite the heart and upon the head opposite the brain, in order so that we will remember the miracles and wonders that God did for us. Since they tell of God's Oneness, and that God has the power and dominion in the upper realms and the lower realms. And through this one will strengthen his faith in the Blessed One, and trust God in all his things. And he will serve the Holy One Blessed be [God] with the soul that is in the brain, and also the heart that is the center of desire and thought. And through this he will remember the Creator, and will lessen his [superfluous] pleasures, and will understand that he was created only for the purpose to do the will of the Blessed One. And he will send to God his wishes and all his needs. And know that from these four sections we were only commanded to read two of the sections: "Shema", and "Ve'Haya Im Shamoah". But "Kadesh", and "Ve'haya Ki Yaviacha" — we do not need to read. And so they learned out in Sifrei on the verse "Ve'Shinantem Le'vanecha (And you shall teach your children)": "Shema" "Ve'haya Im Shamoah" [that it mentions "And you shall teach..."] — shall be taught [i.e. read], but not "Kadesh" and "Ki Yaviacha" [that it is not mentioned "And you shall teach..."] shall not be taught [i.e. not need be read]. And you will find among the great [Rabbis] that wrote that one should say also the latter two sections (see Magen Avraham) — but this is not meant to be an obligation nor a commandment, but rather extra love [for God] as is the trait of the righteous. And they only came to teach that the intention [of that one need not read the latter sections] is not to say that it is forbidden but rather that one doesn't have the obligation to read them. And one who wishes to do so should read them too, and we do not protest. 
  One places the Shel Yad first, and after that the Shel Rosh. And even if one touches the Shel Rosh first — he is forced to pass on it, even though we don't pass up on the performance of Mitzvot, and he should take the Shel Yad and place it on his arm, and afterwards should take the Shel Rosh and place it on his head. And the reason is because it is written: "And they shall be a Totafot between your eyes", and we learn out (Menachot 36a) from the language of "they" since it is in the plural (Rashi), that all the time that it [the Shel Rosh] is "between your eyes" — there should be two [both the Shel Rosh and the Shel Yad]. And even though that if one doesn't have the Shel Yad, or he is unable to place the Shel Yad, he [still] places the Shel Rosh alone as I have written in Chapter 26 — this is because they are two Mitzvot, and of course he is obligated to fulfill whatever he can. But when he has both [and can place both] — it is a decree of the Torah to place the Shel Rosh after the Shel Yad, and thus we are not concerned with "we do not pass up on the performance of Mitzvot". And thus Our Rabbis of Blessed Memory said (Yoma 33a) that one should be careful to not touch the Shel Rosh first, so that he will not have to pass up on the performance of the Mitzvah.
  And regarding blessings [on the Tefillin] there is a dispute among the Rabbis. There are those from our rabbis who ruled that one should make one single blessing upon both of them. And there are those who ruled that one should make two blessings: On the Shel Yad, "To place the Tefillin" and on the Shel Rosh, "About the Mitzvah of Tefillin". And the Ashkenazim follow that latter opinion, and the Sefardim mke one blessing, like the first opinion. And it is simple in the Gemara in Menachot (36a) that: If one didn't converse between the [placing of the] Shel Yad and the Shel Rosh — makes one blessing. [If he] conversed — makes two blessings. This implies that there is one blessing upon both, and so explains Rashi. However, it is simple in the Gemara of Berachot (60b) that says: When one places the Tefillin upon his arm, he should say, "Blessed...to place...", when he places [the Tefillin] upon his head he should say "Blessed...about the Mitzvah..." — it is clear that he needs two blessings[!] And so it is in the Yerushalmi, and in the Midrash Tanchuma at the end of Parashat "Bo", see there. And so ruled Rabbeinu Tam, and explained that [what is written] in Menachot, that "if he converses — he makes two blessings" on the Shel Rosh, alone. And Rashi would explain that the blessings [found in the Gemara Berachot 60b] are when he conversed. And the Rif and the Rambam and the Rashba ruled like Rashi. And the Rosh and the Tur ruled like Rabbeinu Tam. (And it is not clear according to Rabbeinu Tam regarding the "if he conversed — he makes two blessings" upon the Shel Rosh, yet how can one make two blessings upon one Mitzvah? And the Maharal from Prague was already awakened to this matter which was brought down in the Bach, and he wrote that one should move around the Shel Yad [when saying one of the two blessings had he conversed], and thus one of the blessings would be upon the Shel Yad [thus it would not be two blessings on one Mitzvah, but rather one on each Tefillin]. And according to this when he has only the Shel Rosh — he should only make one blessing, see there. But this is not implied from Tosfot and the Rosh, but it is implied from the Magen Avraham. And I have also found in the Or Zarua Gadol Chapter 582 in the name of the Geonim that technically each Tefillin would require two blessings: "to place" and "about the Mitzvah of", see there. And it seems to me that "to place" is the blessing upon the Mitzvah, and "about the Mitzvah of" is the blessing of gratitude that God merited us to make a sign between God and us. And this is related to the Shel Rosh, like they learned out (Menachot 35b) on the verse "they will all see...that the name of God is called upon you and they will be in awe of you" — this is [referring to] the Tefillin Shel Rosh. And according to this it is simple. And if you investigate you will find that it is simple.)
  And our Rabbi the Rem"a wrote, "It is the general custom of Ashkenazi Jews to make two blessings. And it is good to always say after the second blessing 'May the Honored Name of [God's] Kingdom be blessed forever and ever'." This is because of the doubt of perhaps a blessing (the second blessing) made in vain, as I have written in chapter 206 that when someone says the Name of Heaven in vain he should say "May the Honored Name of [God's] Kingdom be blessed forever and ever", see there. And it is not clear at all either way: If the matter is not clear to us [if the second blessing might be a blessing in vain], that therefore we say "May the Honored Name of [God's] Kingdom be blessed forever and ever", why would we make [the] second blessing? We should make one blessing, as is the law with all doubts about blessings (there is a rule, "if there is a doubt regarding blessings, one must be lenient", and thus if there is a doubt about whether one should make a blessing one should not make the blessing). And if the matter is clear to us [that the second blessing is not in vain], then why should we say "May the Honored Name of [God's] Kingdom be blessed forever and ever"? And the truth is that the Levush didn't mention it [saying, "May the Honored Name..."]. (And also the Bach doubted this matter, and the Ma'adanei Yom Tov wrote that it is the proper thing to say. And it needs further investigation.) And simply we could say that the Ashkenazi Jews ruled to make two blessings, and only our Rabbi the Rem"a was unclear about this matter. And he couldn't change the custom [of saying two blessings] and therefore he ruled this way [to say, "May the Honored Name..."]. And according to this, someone whose heart hurts him can make one blessing (since it would be too much effort to make two). And we have heard that some Great [Rabbis] would make an effort to answer "Amen" between the Shel Yad and the Shel Rosh, and they would then consider this an interruption [so that they could fulfill the idea of] making a blessing on the Shel Rosh according to all opinions. (And in the Beit Yosef he was surprised at the Mahari Ben Chaviv who practiced [to say "About the Mitzvah of"], since who would force himself to enter into a doubt of a blessing in vain and save himself with the saying of, "May the Honored Name of [God's] Kingdom be blessed forever and ever"? See there.)
  And according to my humble opinion, it seems that the saying of "May the Honored Name of [God's] Kingdom be blessed forever and ever" is not for the reason of doubt of blessing, rather because of a different reason. And even though the Halachic Authorities wrote that it is for this reason, in any case it seems to me that the custom arises from a different reason: That we already questioned how can one make two blessings on one thing? And also there have been who have challenged on the core of the opinion of Rabbeinu Tam, since we taught in a Tosefta in Brachot chapter 6, and so wrote the Rambam in the first chapter of Ma'asrot, that if one separates Teruma, and Terumat Ma'aser, and Ma'aser Sheni [together] as one — he makes one blessing upon all of them. And if so, how can they establish two blessings upon the two Tefillin [when they are being performed together as one Mitzvah]? (The Gra. And the suggested answer of the Artzot Chayim is surprising, see there.)
  
  In the word "Tefillin" the Lamed (Hebrew letter: ל) is Dagush (Has a dot in it: לּ, in Hebrew grammar, when there is a dot in a letter other than the letters of בג״ד כפ״ת, it is drawn out), since the Shoresh (root) of the word is Pallel (פ.ל.ל.) as I have written in the name of the Tur. And it should theoretically be written with two Lameds (It is written תפילין when it should theoretically be written תפיללין in order to match up with the root of the word), but the Dagush (the dot in the letter) fills in the missing letter, as is known. And thus when one says "To place the Tefillin", and so with "About the Mitzvah of Tefillin" — he should draw out the Lamed (ל) as is the way with Dagush-es. And he should say "להניח - Le'Honeach (To place)" with the Hey (Hebrew letter: ה) pronounced with a Kamatz (vowel underneath a letter, pronounced by Ashkenazim "o" as in "off") since it is the language of placing - on the hand - like "to place (Le'Honiach) a blessing upon your house" (Ezekiel 44:30), and not with a Patach (vowel underneath a letter: אַ, pronounced as "o" as in "octagon") which is the language of abandonment (meaning that the word "Le'Haniach" means abandonment), like "leave (Hanichu) your one brother with me" (Genesis 42:33) with a Makaf (a dash under the letter: a Patach). And "על מצות - Al Mitzvat (About the Mitzvah of)" with a Patach underneath the Vav (Hebrew letter: ו), that since it is only said upon the Shel Rosh it must be in the singular (Thus, it is "Al Mitzvat" as in "another", which would be the singular, as opposed to Al Mitzvot, as in "ode", which would be the plural). And even if it would be said that the blessing is upon both [of the Tefillin], isn't it written: "The commandment (singular, Mitzvat) of Hashem is clear and lights up the eyes", this is referring to all the commandments [of the Torah]. And in any case the use of a Patach is singular language (Magen Avraham), that all the commandments are [really] one Mitzvah, meaning: that the Holy One, Blessed be [God] commanded us. And there are those who say "Al Mitzvot" with a Cholam (Hebrew vowel above a letter and to the left or above a Vav: רֹ or וֹ, making the "o" sound as in "ode", which is thus plural) but when they have only the Shel Rosh they say it with the Patach, because [they only have] the singular [Shel Rosh] (Turei Zahav in the name of his brother). And the main custom is like the first one ("Al Mitzvat" with a Patach), and so ruled the Great Achronim (Eliyah Rabbah, and the Graz, and Levushei Srad, and the Derech Ha'Chayim).
  It is known that with all Mitzvot, one must make the blessing "Passing over doing them", meaning: before doing them, and immediately before doing them. And therefore one should not make the blessing on the Shel Yad ["Le'Honiach Tefillin (To place the Tefillin)"] before he places it upon his bicep, that being the place for the placing of the Tefillin as I have written in chapter 27, because then [the blessing] would not be immediate the tying which is the actual action of the Mitzvah, and [one should not make the blessing] after the tying since we need [the blessing to] "Pass over doing them". Rather, one should place the [Tefillin Shel Yad] upon his bicep, and hold the strap in his right hand (since he is putting the Tefillin on his left arm. If he was putting his Tefillin on his right arm, he would hold the strap in his left hand) and make the blessing, and immediately tighten [the strap] as that is the actual tying of the Mitzvah. And so one should do with the Shel Rosh — he should make the blessing before he tightens it, and this is after the placing upon the head and before the tightening (Magen Avraham). And according to this one must be careful not to expose his head (Pri Magdim), and one should place his Tallit over his head (so that his head is covered when he makes the blessing). And this is difficult, specifically for young lads who don't have a Tallit, of course. And thus there are those who practice to hold the Shel ROsh beside the head and make the blessing, and then immediately place it upon his head, since this is also [considered] immediate to the action. And know that all this is optimal. But sub-optimally, when one didn't make the blessing before [placing the Tefillin and tightening it] — he should make the blessing after this, since [the Tefillin] is placed for a long time (Pri Magdim). And this is similar to someone who didn't say "Hamotzee (the blessing on bread)" before he began eating, he should make the blessing in the middle of the meal. And that is the law here, however one must shift the Tefillin when he is making the blessing since the shifting is kind of like placing.
  Optimally, it is forbidden to interrupt in any form of speaking between [the placing of] the Shel Yad and the Shel Rosh. And if one did speak between — he goes back and makes the blessing of "About the Mitzvah of Tefillin" on the Shel Rosh. And this is for those who make only one blessing on both of them. For those who make two blessings — he should make two blessings upon the Shel Rosh [if he interrupted], as was explained. And this is what he should do: He should shift the Shel Yad and tighten the tie and make both blessings on the Shel Rosh, since it will be like one [blessing] on the Shel Yad because of the shifting, and one [blessing] on the Shel Rosh (Magen Avraham in the name of the Ran, see there). And this is because of the surprising matter of making two blessings on one thing. And we already explained this with the support of Heaven.
  And the fact that conversation is considered an interruption, this is only when one conversed not for the need of the Tefillin. But if one conversed for the need of the Tefillin, even though optimally he should refrain from doing this if it's not something that is pertinent that one needs to interrupt for the need of Tefillin — he does not need to make another blessing, since any conversation that is for the need of the Mitzvah that one is involved in is not considered an interruption. And if one hears Kaddish or Kedusha when he is in between [the placing of] the Shel Yad and the Shel Rosh, our Rabbi the Beit Yosef wrote in paragraph 10 that "he should not interrupt to answer with them. Rather he should be silent and listen and intend to what they are saying." Since regarding the matter of answering Kedusha and Kaddish and "Barchu", [the rule of] one who listens [and intends] is like one who is answering/saying [the Kedusha...], but regarding the idea of interruption it is not considered an interruption. But if one did answer Kaddish..., there are those who say that he should go back and make another blessing on the Shel Rosh (Magen Avraham). And there are those who say that one need not go back and make another blessing, that since he has the obligation regarding this matter [to answer] – it is no worse than conversing for the need of the Tefillin (Turei Zahav). And this seems to be the prominent view. (And from the language of the Shulchan Aruch it implies that one doesn't need to interrupt in order to answer "Amen" even in a regular hearing [that is not between Tefillin]. But perhaps he just didn't mention this, since he also didn't mention "Barchu". And if you investigate you will find that it is simple.)
  Something that is understood by all is that when one says the blessing of "To place", this applies also to the Shel Rosh, and this is not necessary [to point out] for those who only say one blessing, but even to those who say two blessings, in any case the blessing of "to place" applies to the Shel Rosh as well. And thus one should limit the interruption as much as possible. And thus our rabbi the Beit Yosef wrote in paragraph 11 that "After one binds the Shel Yad upon the arm — he should place the Shel Rosh before he wraps the strap around the arm." And the Tur wrote that the Rosh Z"l practiced this way, even though he held that we make two blessings (the Beit Yosef rules Sephardic so he only said one blessing). But in any event we do not practice so. And it was written that the Arizal would wrap the wraps and afterwards place the Shel Rosh, even though he would, Z"l, make only one blessing. And simply one can explain the reason: That since the wraps one is required to do, they are also considered part of the placing of the Tefillin, and thus are not an interruption. Further, that it is known that if one does not wrap the wraps the tie of the Shel Yad will loosen, and it will be that the Shel Rosh will be placed before the Shel Yad. Besides these, they have written that there are hidden reasons for this as well (see Turei Zahav, and Magen Avraham). And so is the custom and one should not change it. 
  And so one should not take the Shel Rosh out of the case until he places the Shel Yad. And even if they are both before him outside of the case — he shouldn't fix the Shel Rosh to prepare to place the Shel Rosh before the he places the Shel Yad, that if he does this since he is dealing with the Shel Rosh and then places it [back on the table], and then he places [on his arm] the Shel Yad first (as one has to do, that the Shel Yad comes first) — behold, he is passing on the performance of a Mitzvah, and we don't pass on the performance of a Mitzvah, as I have written. And thus, we practice to place both of them in one case, and we place the Shel Rosh on the right and the Shel Yad on the left. And we always do this. That way, one can open the case and turn to the left and take the Shel Yad and place it, and then afterwards take the Shel Rosh from the case and place it on his head. (One can do this every time because he will remember every time that the Shel Yad is on the left.)  And specifically he should be strict with himself. But if someone else takes his Shel Rosh out first and prepares it before the person who is going to place the Tefillin — one need not be strict.
  
  The Tur wrote that, "Every [time] that one places [the Tefillin] in the day — he makes a blessing. Even if they are removed from their place [on their own], and he shifts them to return them to their place — he must make a blessing." [The m]eaning [of the second part is]: [the Tur] didn't need to mention that when he takes them off purposefully and places them back on after some time that he must make a blessing, rather [he is coming to teach that] even if they were only removed from their place on their own, and he shifted them back to their place immediately — he must make the blessing. And it isn't because of the small interruption of time, since he explained above in Chapter 8 (?????) — he doesn't make another blessing, see there.  Rather, since they are removed without intention, thus a person is obligated to make another blessing, even if [he returned them] immediately. And [the first part of the above Tur], that a person is obligated to make a blessing every [time] that he places them, this is when he removed them with the intention to not wear them [again], or to wear them after a long time. And that [the Tur said] "even [if they are removed...]", is because if they are removed by themselves it is considered as a long time even if it was only for a short time. (?????)
  And according to the opinion of the Tur, one who removes his Tefillin to go to the bathroom, with the intention to place them immediately upon returning — one doesn't need to make a[nother] blessing. But our Rabbi the Beit Yosef in paragraph 12 disagrees, as he wrote: "If they are removed from their place...— one needs to make the blessing. If one moved them from their place with the intention to return them [to their place] immediately — one needs to make a blessing." Since he thinks that any [time] they are removed from their place, whether intentionally or not, whether with the intention to return them immediately or not — he needs to make a blessing. And about this our Rabbi the Rem"a wrote: "There are those who say not to make the blessing, and so is practiced," and this is about one who moves them from their place with the intention to return them immediately, like the opinion of the Tur, as we have explained. And we practice this way. And further than this: even if they are removed from their place on their own — we don't practice to make a blessing. And I don't know the reason, since everyone agrees that one should make the blessing. And there are those who have written that the reason is that during the time of prayer simply one doesn't take his mind off of them, and [the Tefillin being removed on their own] is like one took them off in order to return them (Magen Avraham in the name of the Shelah).
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  One forgot, and "used his bed" in tefillin.  He should not grab them by the straps, much less by the tefillin themselves, until he has washed his hands.  For the hands are "busybodies" and he certainly touched a place that requires hand washing.  And when he washes his hands, he should take them off until he has washed off the emission, and then he is permitted to wear them again, for someone who is impure because of a seminal emission is permitted to wear tefillin.  And if he sleeps in tefillin and has an emission, he should not grab them by the boxes. Rather, he should grab them by the straps and take them off until he has washed the emission off himself and washed his hands.  
  Our master, the Beit Yosef wrote in subsections 8: "One who goes in to an established meal should remove them and set them on the table until the time for the blessing (grace after meals), and then put them on again.  However one who is eating a snack need not remove them."  For it is permitted to eat a snack in tefillin.  This is according to their custom, for they would go the whole day in their tefillin, but not for us.  It seems to me that by us, it is not correct even to eat a casual meal in tefillin.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  In Talmudic times, each person would say all the morning blessings in their home, since they were holy and scrupulous even in their sleep not to let their hands touch their intimate places. But now it is impossible to recite these blessings at home individually, since our hands are unclean. It is possible, of course, to clean our hands by wiping them on the wall or something else as soon as we awake - but since many people are ignorant of this, and don't even know the blessings - it is customary to recite them all at the synagogue and have the people answer <i>Amen!</i> after each one. We say these blessings at home after <i>netilat yadayim</i>, and after the appropriate cleansing. But we do not say each blessing in its place, for a number of reasons.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  One must be careful not to create a pause by speaking between "Barukh She-'Amar" until the end of the Amidah.  Even for the sake of a mitzvah one should not stop between "Barukh She-'Amar" and "Yishtabach".  And thus one should not stop between "Yishtabach" and "Yotsér 'Or"; this is illuminated in Siman 54.  Our teacher the Bét Yosef wrote in Se'if 5: between these psalms we may ask after those honored in our community and respond to a greeting from any person.  And in the middle of a psalm we may ask after those revered in our community and respond to those honored.  Until here is [the Bét Yosef's] teaching, and the Tur wrote likewise.  The explanation for "after those revered" and "honored" is illumnated in Siman 66.  P'suké D'Zimrah is like the blessings of the recitation of Shema, and thus it is forbidden to answer "amén" in the middle of a chapter [or a particular psalm].  However, in the writings of the AR"I, may his memory be blessed, he ruled that one may interrupt to answer "Amen" (see Magén Avraham, Se'if Katan 3), and even in the middle of the blessing "Barukh She-'Amar" it is permissible to answer "Amén" (same).  It seems to me that the Tur and the Shulchan Arukh agree with regard to "amén", since "amen" does not diminish from all the songs and praises.  Rather because he does not intend himself to pause with ordinary speaking, like within the blessings of the recitation of Shema, it does not apply to responding "amén".  And this is how we behave.  However, to respond "barukh hu uvarukh shemo" -- [this is forbidden], since it is not based in law at all.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  The Kaddish is great and awesome praise that the Men of the Great Assembly fixed after the destruction of the First Temple.  It is a prayer about the desecration of the Blessed Name from the destruction of the Sanctuary, the decimation of the Holy Land, and the dispersion of Israel to the 4 corners of the earth.  We pray 'let the Blessed name be magnified and  sanctified' as the prophet said:  "I will make myself greater and more sanctified and be known to the nations, and they will know that I am Hashem."  As R. Yosi said at the beginning of Berakhot, once a Bat Kol was heard cooing like a dove and saying: 'Oy to the children, that because of their sins, I destroyed My house, and burned my temple, and exiled them...'  And Eliahu the prophet said to him, that three times each day a Bat Kol like this is heard.  And further, at the time Israel enters its synagogues and study halls, and they answer 'amen! yehei shmei raba...amen ! May His great Name be blessed', the Holy One of Blessing nods his head and says, 'happy is the King who is praised like this in His house.  What it is to be a Father who exiled His children? And woe to the children who were exiled from the table of their Father.'  And because of its elevated status, it was decreed that it [the Kaddish] would be recited in Aramaic, because in Babylonia they spoke this language.  And thus, so that everyone would understand it, [the Kaddish] was established in the spoken tongue. And, additionally, there are hidden reasons for this.
  R. Yosi said at the beginning of Berakhot that one time a Divine Voice was heard 
  R. Yosi said at the beginning of Berakhot that one time a Divine Voice was heard 
  R. Yosi said at the beginning of Berakhot that one time a Divine Voice was heard 
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  13. The Brakha of "Yotzeir," one should say quietly along with the shaliach tzibbur.  One shouldn't rely on hearing it from the shaliach tzibbur and just answering "Amen," for two reasons: first, because in the Shilhi, Rosh Hashanah they said that the shaliach tzibbur only discharges the obligation of one who is not an expert (and able to pray for themselves) and not one who an expert; and further, because even if we say that he may also fulfill the obligation of an expert, as we will explain, nonetheless, perhaps one will not hear well, and  will miss some words by listening and will not fulfill the obligation.  Therefore, it is better to say it oneself with the shaliach tzibbur.  The shaliach tzibbur should say it out loud, and the individual should say it quietly and not out loud, for if he also says it out loud, they won't be able to hear the voice of the shaliach tzibbur, for two voices together are not heard.  This cannot be, for the shaliach tzibbur needs to fulfill the obligation of those who are not expert.  And one should complete the brakha before the shaliach tzibbur in order to answer "Amen," to the brakha of the shaliach tzibbur, for in the middle it is forbidden to interrupt.  It seems to me that this is when the shaliach tzibbur speaks at a moderate pace.  However, if he rushes, it is better to say it at a moderate pace and not answer "Amen," for the Amein is not absolutely necessary for one who is saying it on his own, and he is not fulfilling his obligation through the blessing of the shaliach tzibbur.  So, too, with the rest of the berakhot of Shacharit and Arvit. And this is the meaning of the Tur. (And this is the explanation of the words of the Shulchan Arukh in clause 4, examine it and it will be clear).
  
  
  
  
  
  It is correct that when you say "and chose us" to remember standing at Mt. Sinai , concerning 'chose us", as it is written "lest you forget the things....the day you stood before the Eternal Your God at Horeb(Deuteronomy 4:9)."  And when you say, "Your great name, " remember the incident of Amalek that The Name is not whole until one wipes out the descendants of Amalek, as it is written, "Remember what Amalek did to you ..."(Deuteronomy 25:16)"  And when you say, "To acknowledge You" remember that the mouth was created to acknowledge Him who is blessed and not to speak words of gossip.  And remember the incident of Miriam, as it is written, "Remember what the Eternal your God did to Miriam...(Deuteronomy 24:8)"  And when you say "In love" remember concerning what is written, "Remember how you provoked the Eternal your God in the wilderness (Deuteronomy 9:7)."  And when you read, "And when you remember all of God's commandments", remember that Shabbat is equal to all the commandments, as it is written, " Remember the Sabbath day (Exodus 20:8)." As it is said, never forget the Sabbath day.  And like Amram of blessed memory:  From one Sabbath to the next Sabbath.  And therefore in the Psalm of the day we read:  "This is the first day of the Sabbath....."  And when we say, "from the four corners of the earth,"  place the corners of the tallit that are upon his shoulders to fall downward. (Magen Avraham, small paragraph, Bet, and we are not concerned with this.  See Pri Etz Chayim, Gate of the Recitation of the Shma, Chapter 3, and you will understand what we are not accustomed to. And be precise and find easy.) 
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  The authors of the Shulchan Arukh wrote that if one is reciting individually, one should focus on the 15 vavs in the blessing "Emet v'yatziv," which equal 90.  These correspond to three Tetragrammatons, for each name equals 26, plus four letters equals 30.  Another reason is that the 15 vavs equal 90, and the recitation counts as one, which makes 91, which is the value of the Name as it is read and as it is written.  It's as if you said "Hashem Lord, True." There are those who write that one who recites the Shema alone should say "El Melekh Ne'eman Shema Yisrael." For these three words make the total 248, and this is in place of the "Amein" that one would have said after the blessing "who chooses his people Israel with love," and this is the custom.  Nonetheless, when one is reciting with the shaliach tzibbur, one shouldn't say "El Melekh Ne'eman," but should only say "Amen" after the shaliach tzibbur, when he finishes the brakha.  This is the custom and it is correct. End quote. There are some among the great authorities who grumble a lot about interrupting with "El Melekh Ne'eman even when reciting individually (Magen Avraham clause 4, in the name of the Maharshal), and we don't have the custom to say this.  There are those who also repeat "Hashem Elokeikhem Emet" when reciting individually, and I do't know what they base this.  It would be better to repeat the words "Etkhem Mei'eretz Mitzrayim" which don't contain a divine name, and I have seen some doing this. 
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  They taught in beginning of Chapter Two of the Mishnah Berakhot, that in the middle of the chapter, one may greet out of awe and answer out of honor, and in between the chapters, one may greet out of honor and may answer the greeting of any person. That is that when one is in the middle of the berakha of "Yozeir" or of "Ahavah Rabba," or in the middle of one of the sections of the Shema, or in the middle of the blessing after the recitation of Shema, and a man whom he is obligated to honor passes in front of him, nonetheless he shouldn't greet him, but if this man greets him, he answers his greeting.  However, if a man whom it would be appropriate to be in awe passes in front of him, then he may greet him and all the more so, answer.  However, between the sections, for instance between "Yotzeir" and "Ahava Rabba" and between "Ahavah and Shema" and between "Shema and "Vehaya Im Shamoa" and between "Vehayah and Vayomer," he may greet even a man whom he is only obligated to honor, but it is permitted to answer anyone.  And there is a debate concerning who is "because of honor" and who is "because of awe"
  Behold, Rashi explains "because of honor," a person who is honored, that it would be appropriate to greet them first. And "becuase of awe," this is a person of whom one is afraid lest he kill him.  The Rambam, in his commentary on the Mishnah and in composition, explains "because of awe" like Rashi.  However, he explains "because of honor" as a person whom one is obligated to honor, such as one's father or rabbi.  And the Rosh and the Rashba raise a difficulty with their explanation of "because of awe," that if they is any concern of murder, it's obvious [that one is allowed to interrupt] and what is the Mishnah coming to teach us? Doesn't saving a life take precedence over everything else?!  Therefore the explanation of "becuase of awe" is for instance, his fatehr or his rabbi, whom he is obligated to revere, and the explanation of "because of honor" is an honorable person, as Rashi explained.  The Tur and the Shulchan Arukh wrote this in paragraph 1.  And our master, the Beit Yosef expands "because of awe" to include one who is greater than him in wisdom.  This is surprising, for the Rashba wrote explicitly that this is in the category of "because of honor," unless he meant one of the great sage of the generation.  For thus writes the Trumat HaDeshen (Ch. 135) that one must be in awe of a great sage who is exceedingly wise.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  ...All those who are exempt from the obligation of reciting the Shema - those who are involved in fulfilling a commandment or are  concerned with fulfilling a commandment, and those who are dealing with a dead body - are exempt from the obligation to pray. There is one aspect of the obligation of prayer that is more lenient in exempting than the obligation of reading the Shema, as the rabbis said in the Mishna at the beginning of the third chapter: "Those carrying the coffin..., those who are still needed to carry the coffin are exempt, and those who are no longer needed to carry it are obligated. But both are exempt from the obligation to pray." The reason is, for those who hold that the obligation to pray is rabbinic, it is simple: The obligation to recite the Shema is from the Torah, while the obligation to pray is rabbinic. And for those who hold the obligation to pray is from the Torah, it is because prayer requires one to stand, and they do not have time to do so; though this is not the case regarding the recitation of the Shema - they can say it all while they walk, except for the first verse (Tosafot R"Y)
  
  
  
  
  
  And this is definitely true that according to Rashi, women are required to pray three times a day, the same way men are obligated, since according to him, there is no difference in Rabbinical law [regarding prayer] between a time-bound (which women are mostly exempt from Biblically) and a non-time-bound obligation. Tosfot would opine similarly, since according to their view, the Talmud explicitly states: although [prayer is] a time-bound obligation, nonetheless, since [the drive to pray stems from a universal human tendency] to seek [G-d's] mercy, the Rabbis obligated them, and naturally, they are obligated the same way men are. However, according to Rif and the Rambam, whose text [of the Talmud] does not include the reasoning that [the obligation to pray stems from a universal human tendency] to seek [G-d's] mercy, rather, argue that [women] are obligated Biblically [in prayer] since it is not a time-bound commandment, would naturally say that [women] are only required [to pray] once daily and [can choose any words they desire express prayer] (lit. "in any textual version"). It is impossible to say that the Rabbinic decree to pray three times daily and in [their obligated] time applies to [women] as well, for if that were so, why would the Talmud [rhetorically] reply "But that is obvious?!" (to the Mishna's statement that women are obligated in prayer, See Aruch HaShulchan : Chelek 1 : Siman 106 : 5)? [That rhetorical question is not logically sensible since the Mishna's statement is not at all obvious] rather it teaches us a great deal! Really, what I previously wrote is the correct way [to explain the matter].
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  Synagogues and study halls have great holiness since we pray in them and learn in them Torah. These locations have a reflection of the sanctity of the Temple. Our wise ones of blessed memory said, "And these will be small Temples" (Megilah 29a)-these are the Synagogues and study halls. And this that is written, "O Lord, You have been our dwelling place throughout all generations"(Psalms 90:1)- these are the Synagogues and study halls.  Even in the time of the destruction [of the Temple], they still have sanctity as it is written, "and I will desolate your sanctuaries" (Lev. 26:31)-"They are still sanctuaries even when they are desolate" (Megilah 28a). Therefore, Synagogues and study halls are not treated with lightheartedness, for example, with games, humor and small talk. The Arizal (R' Issac Luria) was very careful to only speak words of prayer in the Synagogue. Even words of rebuke should not be spoken, least it lead to the discussion of mundane matters. (Magen Avraham  Subsection 3). 
  We do not eat and we do not drink in them, even a temporary (short) consumption. We do not get dressed in them and we do not travel through them. We do not use them to take shelter from the heat when it is hot outside or from the rain when it is raining. Learned ones and their students are allowed to eat in them in urgent situations. Some say that they can eat in a study hall, even if the situation is not urgent, since for most of the day, they will be there to learn anyway. If so [if they would have to leave], this would be a waste of [ time that could be spent learning] Torah when they would have to step out of there to eat. However, to take shelter there from the rain or from the heat or cold is still prohibited, even for a learned person. Rather, he would have to learn there, or in a Synagogue, he would have to pray there (Magen Avraham subsection 2). There is in the Yerushalmi that a learned person is allowed  lodge in a study hall (Magen Avraham subsection 2). And like this it sounds like in Pesachim (Pesachim 100a). At seems that guests can eat in the study hall. However, in truth, the Tosfos write there that this is referring to the rooms next to the Synagogue, see there. (Refer to the Ta"z subsection 1. His words are puzzling. In addition, the Ramban did not write this, just because of a condition, see there.)
  And one should not engage in financial calculations inside of a synagogue or beit midrash unless they are calculations that pertain to a mitzvah, such as calculations of a tzedakah fund or for redeeming captives etc. And there should be no eulogizing in a synagogue unless it is a eulogy for a great person. Or, if the eulogy is relevant for an influential resident of the city such that many  residents fo the city will gather to pay tribute to the deceased and the entire community will gather in honor of the bereaved relative...
  And what should one do if one needs to enter into a synagogue or beit midrash, for example to call someone from there etc.? One should enter and then recite a few words of scripture or some halakhah and only then call to one's friend so that it does not appear as though one entered the sacred space for his own mundane purposes. And if the individual does not know how to recite scripture or learn a halakhah, he can turn to a child and say "read for me the verse that you are studying now." Or, he can wait a few moments in the synagogue or beit midrash for merely sitting there is also considered a mitzvah as it says "happy or those who dwell in your home." And then the person can call to whomever he wishes. And how long should he sit under these circumstances? Enough time to walk from one entryway to another as I wrote above in Siman 90. And one does not have to sit for standing is the same and "yeshiva" which literally means sitting here means being detained and stationary as it says "like the days that you dwelled." But one should have in mind that sitting or standing one is fulfilling the mitzvah of dwelling in a synagogue or beit midrash. And it seems to me that in this one one could also enter a synagogue or beit midrash for shelter from the sun or cold or rain. And even if it looks as though one is entering the synagogue for protection from the elements, nonetheless, if one then learns a verse or a halakhah, it will not appear so flagrantly  as though one entered because of the rain, sun, or cold.
  And one can question the current practice to be lenient about speaking in the synagogue or beit midrash following prayers about all manner of mundane topics to a degree that this behavior seems to be permissible. And it appears to me that they base themselves on the position of Ramban who explains that synagogues in the diaspora are built on condition that even while they are in operation as synagogues they can be used for other needed purposes. And we think mundane conversations are needed. Each individual decides for himself. However, it is certainly forbidden to smoke "bitter leaves" in shul for there is no greater form of light-headedness than this. And it is only permissible for those who spend all day or half the day in the beit midrash studying Torah to smoke since this is like eating for them. But that smoking can only take place in a beit midrash and not a synagogue. And any other person who does not spend all day learning Torah in the beit midrash cannot smoke there and no condition put in place when the beit midrash was built can make this permissible. And so it is appropriate to rebuke those who do. 
  One should not sleep in a synagogue, even a nap. But it is permissible to do so in a beit midrash for one who learns there. And for the sake of the synagogue itself one can eat or sleep there but one should not bring a mattress into the synagogue. And for this reason one can sleep in the synagogue on the night of Yom Kippur in order to guard the candles so that no bad thing occur. Also those who sleep in the synagogue on Yom Kippur to guard the candles recite many Psalms and songs and praises. It is also permissible to sleep in the synagogue for a mitzvah purpose like in earlier times they would enter the synagogue to intercalculate the year and they would not return to their homes at all and would eat and sleep there. But they ate only simple foods (bread and beans). And when one makes a siyum on a massechet, and certainly if one makes a siyum on something larger, one can eat in the beit midrash since that is a se'udat mitzvah [mitzvah meal]. But to set a large meal there seems not right and one should only do so in a case of great need. And this is specifically  the se'udat mitzvah of Torah study and not some other mitzvah like the meal of a bris or pidyon ha-ben or wedding. Those cannot take place in a beit midrash since they have no relevance to a beit midrash. 
  There are those who say that which we taught concerning the sanctity of batei midrash is only when they are communal, akin to a synagogue. However, if an individual sets aside a space for his own need to learn there, this space is not endowed with the sanctity of a beit midrash. And there is no doubt about this for the beginning of its building was for a generic home. And even now that a room has been dedicated for study, there was no intention to sanctify  the room with the sanctity of a beit midrash. And there is no need for an explicit condition to have been articulated at the time of building for in the absence of an alternative the general assumption prevails.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  It is said in the Gemara (Brachot 42a) that bread which comes as dessert, one blesses over it "who creates kinds of nourishment" and not "Who brings [bread from the earth]", and what bread which comes as dessert is will be explained shortly. So, [our previous ruling is in effect] specifically when one eats it casually, but when one bases a meal on bread which comes as dessert, one blesses "Who brings [bread from the earth]" and [after eating] the blessing of the meal, and it requires washing of the hands. And if one originally intended to eat a little, and blessed "Who creates many types of nourishment", and then ate much -- one needs to bless the blessing of the meal. And this is in a case where one did not decide at the beginning of eating to eat a lot, and then it happened that one ate a lot, in which case the blessing of "Who brings [forth bread from the earth]" and hand-washing would not be appropriate. And even if, in the middle of one's eating, one changed one's mind and decided to eat a lot, nevertheless when from the time of the decision until the end of the eating there does not remain enough time to 'fix a meal' -- it's not necessary to wash one's hands and to bless "Who brings". But if one changed one's mind and decided to eat a lot at the beginning of one's eating, one does need to wahs one's hands (and this was the intention of the Magen Avraham on Shulchan Aruch, Orach Chayim 114).
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  It is intellectually understood that the notion of prayer is only relevant to the future and not the past, for how could it have an effect on the past?  Only thanksgiving is relevant to the past- to give praise to Him, may He be blessed, for the good that He did for him.  Regarding the future, the opposite is the case- for praise is only relevant for that which already transpired, and prayer is relevant to the future for one is asking God to do something for him....
  Therefore, one who enters a city and hears the sound of shouting due to some sort of calamity that occurred in it and says, "may it be [God's] will that [that shouting] is not from within my house", has uttered a vain prayer, for this prayer is regarding the past and whatever has happened has already happened.  But he can say, "I trust that it is not from my house" if he is wholly righteous.  This is akin to the story of Hillel the Elder, regarding whom it is said: He shall not be afraid of evil tidings; his heart is steadfast, trusting in the Lord (Berachot 60a).  The matter can be explicated in two ways: (1) in its simple rendering- that he is not afraid that it was coming from his house or (2) because he had accustomed his household to accept everything with joy, both the good and its opposite.  Therefore, even if, God forbid, some calamity had taken place, they would not scream, but would rather accept it with love and silence. ...
  So too, if one's wife is pregnant and he wants a male child, he can prayer up until 40 days: 'May it be [God's] will that my wife will give birth to a son', since up until 40 days [the fetus] is merely water [viz. not formed].  But after 40 days, when the form has been solidified, praying 'May it be [God's] will that my wife will give birth to a son' would be a vain prayer, for what has happened has already happened, and it cannot be changed.  Even though we find that Dinah switched from a male to female, this was within 40 days, and even if it were after 40 days, we do not mention [viz. draw conclusions from] miracles (ibid.), and the matters related to our holy forefathers were all miraculous.
  One who enters a town says: 'may it be Your will, Hashem our God and God of our forefathers, that you allow me to enter this town in peace'; this is a prayer regarding the future.  When he has entered in peace he says: 'thank You Hashem, my God, for allowing me to enter this town in peace'; this is thanksgiving for the past.  So too when he is leaving, he says: 'may it be Your will..that you take me out of this town in peace'.  When he has left, he says: 'thank You...for allowing me to leave this town in peace; just as you have allowed me to leave in peace, so too should You guide me in peace, etc.'.  This is the wayfarer's prayer, as is explained in section 110, see there.  Maimonides wrote in his commentary to the Mishnah that this is not a prayer or a blessing, rather it is merely a request.  Therefore, we are no longer accustomed to saying this, since Rashi explained that [the reason it is said is] due to the criminal activity in the towns, and in our times this is no longer relevant.  Nonetheless, it is proper to say for one who is careful regarding the words of the Sages, especially since this is not a blessing such that one would be concerned about a blessing in vain.
  ...One who goes in to measure his grain should say: 'may it be Your will, Hashem my God, that you send blessing for my stalks', since this is a blessing regarding the future.  When he has begun measuring, he says: 'blessed is He who sends his blessing for my stalks', since he trusts that there will be blessing.  One who has measured and then blesses has uttered a vain prayer, since blessing is only found for something that cannot be seen, so that it will not seem as though it is really going against nature, since most miracles are hidden ones.  One who enters a bathhouse (their bathhouses had fires under them and were a constant danger) should say: 'may it be Your will, Hashem My God, that you allow me to enter in peace and leave in peace, and that you save me from this fire, and similarly in the future'.  When he has exited peacefully, he should say: 'Thank You Hashem, My God, for saving me from this fire'. We are no longer accustomed to this, since the fire is now to the side and is not dangerous (Bach, Taz, Magen Avraham). This is explicit in the Palestinian Talmud in the 10th chapter of Berachot.  One who lets blood should say: 'May it be Your will..that this matter will be advantageous to my health, since you are a free doctor'. After you let blood, say: 'Blessed is the healer of the sick'.  Some say to say it with God's name and kingship (Taz, #3 and Maimonides, as well as the Beit Yosef in the name of the Semag).  It is proper to say before every healing: 'May it be Your will, Hashem My God, that this will be healing for me'.  This is how the punctilious act.  One should accustom himself to say: 'All that the Merciful One does is for good'.  The principle is that one should always prayer for the future and beseech for mercy before Him, may He be blessed, and he should give thanksgiving for the past, thanking and praising according to his capacity.  The more praise one accords to God, the better.  This is like it says in the verse: 'it is good to praise God, and to sing your exalted name'. 
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  The Rambam wrote, "Lighting Shabbos candles is not (some ordinary) optional act, where you may or may not light them according to your desire.  And (to think) it is not a mitzvah and where you are you not required to chase after it... rather it is an obligation for both men and women to have in their homes a light for Shabbos.  Even if you do not have your own food to eat, you must go door to door begging for oil and kindle the light because this (light) is included in "Shabbos Pleasure" (the mitzveh to have Oneg Shabbos).  And one must say the blessing before the kindling:  Blessed are you Hashem our God King of the Universe Who has sanctified us with His commandments and commanded us to kindle a light for Shabbos.  One recites this blessing just like we do for all Rabbinical requirements."  And even though we do not recite a blessing on (each and ) every matter relating to "Shabbos Pleasure" (oneg Shabbos), nevertheless, the kindling of the light was a Rabbinical ordinance in itself, as it is said, "'The kindling of a light for Shabbos in an obligation.' Rashi explains the reason is 'Honoring Shabbos' (Kavod Shabbos) since you can only hold an important feast in a well lit place."  So according to Rashi, (the reason we light a Shabbos candle) is not because of "Shabbos Pleasure" (Oneg Shabbos) but rather due to "Honoring Shabbos" (Kavod Shabbos).
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  It's taught in Sanhedrin 42a: "And Rabbi Aḥa bar Ḥanina says that Rabbi Asi says that Rabbi Yoḥanan says: With regard to anyone who blesses the new month in its proper time, it is as if he greets the Face of the Divine Presence. Alluding to this, it is written here concerning the sanctification of the new month: “This month shall be for you the beginning of months” (Exodus 12:2), and it is written there, where the Jewish people encountered the Divine Presence at the splitting of the sea: “This is my God and I will glorify Him” (Exodus 15:2). The term “this” is employed in both verses. The school of Rabbi Yishmael taught: If the Jewish people merited to greet the Face of their Father in Heaven only one time each and every month, it would suffice for them, since in the blessing of the moon there is an aspect of greeting the Divine Presence. Abaye said: Therefore, we will say the blessing while standing, in honor of the Divine Presence." Behond it's clear that sanctification of the moon is a great and terrible matter like greeting the Shechina. And certainly there are great and terrible secrets regarding it, as the wise receivers of tradition have elaborated: the matter of the moon's diminishing and the matter of the First Man's sin, they touch one another. In the future, when the First Man's sin is rectified - then the diminishing of the moon will also be rectified. And regarding that moment it is said "And the light of the moon will be like the light of the sun" (Isaiah 30:26).
  And according to the plain meaning, the reason that we bless the moon more than the stars/planets, although it's smaller than almost all the other planets (excepting Mercury), is because it's closer to the Earth than all the other stars/planets; it's only about 43,000 parasangs away. The moon inspires in us a feeling of the greatness of the Holy Blessed One, since every night its path is perceived, and it orbits the earth every month. For this reason it's called "<i>yareach</i>" [ירח], as it is written "[God] made a moon [ירח] to mark the seasons" (Psalms 104:19)  -- since it orbits the earth in every moon of days, and its waxing and waning are perceptible. And Israel, who count [days] by the moon, are compared to the moon; just as the moon has no light of its own, and is illuminated by the sun's light, so too Israel have no light other than the Light of the Holy Blessed One, which shines for us from the midst of the Holy Torah, as it is written "A sun and a shield is Lord God" (Psalms 84:12). And just as the moon darkens and lightens, so too is Israel; just as we say in the blessing "and to the moon They said, 'renew yourself!' - a crown of glory to the womb-borne, for they are destined to renew themselves like it." And just as the moon exists even in the days of its diminishment [waning], when it seems dark on Earth -- it however is light on its other face from above, as is known; so too Israel. And for all of these reasons, Israel accepted this commandment with joy.
  Therefore, the one who sees the moon in her renewal blesses "Blessed... is the One with Whose word They created <i>shechakim</i> ..." - and the firmament is here called shechakim as we say in Chagiga 12b: "[there are seven firmaments, including] <i>shechakim</i>, since there millstones stand and grind out manna for the righteous" [the word for grind and <i>shechakim</i> are similar]. Therefore Rav Yehuda, who said this statement about blessing of the moon in Sanhedrin 42a, he thinks in Chagiga 12b that there are only two firmaments, "heavens" and "the utmost heavens". And it's possible that the two are firmament and the <i>shechakim</i>, and his intent was: that although it's obvious that there are seven firmaments, they fall into two categories. For in the Tana"ch we find only these two names for the firmaments: firmament [רקיע] and <i>shechakim</i> [שחקים], and these are "heavens" [שמים] and "the utmost heavens" [שמי השמים]. And this is why it says "at Their word They created <i>shechakim</i>, and with the breath of Their Mouth all their hosts" -- since so says David, "at the word of God the heavens were made, and with the breath of Their Mouth all their hosts" (Psalms 33:6). And it says "A law and a time They gave to them, that they should not change their courses". The "time" is all the days if the world, six thousand years. "Being glad and rejoicing to do the will of their Creator", as it is written "[the sun] rejoices like a hero about to run a race" (Psalms 19:6). And it uses the language of "gladness and joy", like the language designated for Yisrael, as it says "Gladness and joy shall abide there, Thanksgiving and the sound of music" (Isaiah 51:3). "Doers of truth whose doings are true" -- this is the text of Rash"i, and it refers to the sun and the moon whose courses do not change. And the Tosfot render it "Doer of truth whose doings are true" and referring to the Holy Blessed One, since with truth and justice did They diminish the moon. "And to the moon They said to renew itself..." -- this is the world to come, which will be entirely renewed. And as for now, it renews itself every month. And this is a sign for Israel, who are "those borne in the womb", since so said the prophet "[the people of Israel] who are carried from the womb" (Isaiah 46:3). And one concludes the blessing "Blessed... is the One Who renews months." [מחדש חודשים]
  And after this we are accustomed to say "Blessed is the One Who formed you" -- as a sign for Ya'akov. And some begin "Blessed is the One Who made you", due to the order of the words. And dance three times opposite it with toes [i.e. jump], and say "Just as I... Fall...", and [the latter formula] backwards three times [each]. And we are accustomed to say "David, King of Israel, lives and endures", and the intent is the descendants of David. For the kingship of the house of David is compared to the moon, as it is written in Psalms (89:37-8) "His line continues forever... as the moon established forever." As if to say -- even though it gets dark, it will get light again. And after that we say each to the other "Peace be upon you..." "The voice of my beloved..." "My beloved is similar..." "A song of ascents..." "Praise God from Their Sanctuary..." "It is taught in the house of Rabbi Yishmael, if..." and "May it be Your will", as it is written in prayerbooks. And our teacher the Rem"a [Rabbi Moshe Isserles] writes: "we are accustomed to say "David..." for his kingship is compared to the moon, and is destined to renew itself like one. And the community of Israel will return to cleave unto the Holy Blessed One and their example is the moon which renews itself with the sun, as it says "the sun and the shield of God..." (Psalms 84:12). And therefore we do joys [?] and dances at the sanctification of the moon: an example of the joy of a wedding." This is the end of the Rem"a's language. And the primary portion is the blessing, and [the lack of it] prevents [it working], and the other things, if one didn't say them -- it's not prevented. (And one shakes the folds of one's clothes.)
  Sanctification of the moon is only during entire night, and when the moon is shining and we benefit from its light. And not before the night; we need the moonlight's shining to be recognised on the land, so it casts a shadow. And in the time of the blessing one straightens [stretches?] one's legs and fixes one's eyes on the moon, and makes the blessing standing. And when it's written to fix one's eyes on the moon to gaze on it, this is only before the blessing. But during the blessing one lowers one's eyes and does not look at it. And so we are accustomed according to <i>kabbalah</i> [accepted tradition].
  
  
  
  If the moon is not visible until the last night [on which one can bless it] and the people are standing in prayer and the moon becomes visible, and after prayer it's clear that the moon will no longer be visible and the opportunity will be lost: If they are in Shema and its blessings - they need to interrupt, even in the middle of a section. And if they are able to finish a section, that's excellent! And if the same thing happens -- they need to interrupt the reading of the Scroll of Esther (Sha'arei Teshuva in the name of the Noda biYehuda). But this is an unlikely occurence, and I shall not elaborate on it.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  It is well-known that it is a positive commandment of the Torah to yell out and to supplicate about every woe - that it should not come - and it is explained in the Laws of Fasts. And there are days that all of Israel fasts because of the woes that happened on them in order to awaken the hearts and open the paths of repentance. And this is to remember our bad deeds and the deeds of our ancestors, which were like our current [bad] deeds, until it caused them - and us - those woes. And in remembering these things, we repent to do the good, as it is written (Leviticus 26:40), "And they will confess their iniquity and the iniquity of their fathers." (Rambam, Mishneh Torah, Laws of Fasts 5) 
  And they are four days: The third day of Tishrei, on which Gedaliah ben Achikam was killed and the remaining coal of Israel was extinguished and this was a cause for the increase of the woes. The tenth of Tevet, on which the evil Nevuchadnetsar approached Jerusalem, as it is written in II Kings 25:1 and in Jeremiah 52:4, "in the ninth year of [the rule of Tsidkiyahu] on the tenth month on the tenth of the month, Nevuchadnetsar and all of his army came upon Jerusalem." And the Holy One, blessed be He, revealed this to Yechezkel - who was in Babylonia with the exile of Yochaniah - in a prophecy on that same day, as it is written (Ezekiel 24:1-2),  "And the word of God was upon me in the ninth year on the tenth month on the tenth day, saying, 'Son of man, write for yourself the name of this day - of this very day - [as] the king of Babylonia approached Jerusalem on this very day.'" Which is to say that He commanded him to write the name of the day, which is the name of the month and also the specific day, and he wrote, "on the tenth of the tenth month," and the prophet did not know for what [reason] He commanded him to write this. And after he wrote it, He revealed to him, "You should know 'the king of Babylonia approached Jerusalem on this very day.'" And through this they all saw the true prophecy, as that day and that time were revealed to the prophet in Babylonia. Since, the exact [time] of the day is called "that very day," as per <i>chatsot hayom</i> (midday). And [this is] because there were then false prophets who fooled Israel, like Chananiah ben Azur and his colleagues, who  prophesied that the Temple would not be destroyed and that Israel would not be exiled from their land, and [so] they strengthened the hands of the sinners. And Yirmiah - who rebuked them that they should return to God,  and if not, the Temple would be destroyed and Israel would be exiled - they placed in the courtyard of the guardhouse and put him in a pit of mud, as is explained in Jeremiah 38. Hence, God informed Yechezkel the prophet in Babylonia that Yirmiah was a true prophet, and he prophesied in Babaylonia all that was happening in the Land of Israel, and that the Tenth of Tevet was the beginning of all the woes. Therefore, they established it as a fast day for the generations. And it is found in the name of the early ones, that if the Tenth of Tevet would come out on Shabbat, it would push off the Shabbat, as it is written about it,  "on that very day," like Yom Kippur (Beit Yosef, Section 550 in the name of Abudarham). But we do not hold like this, as will be explained.
  And on the seventeenth day of Tammuz, five things occurred. The tablets were broken. And the [daily] sacrifice in the first Temple ceased. And the city of Jerusalem was breached at the [time of] the destruction of the second Temple. And Apostimos burned the Torah and set up an image in the [Temple] chamber. And so [too] on the ninth of Av, five things also occurred. 1) It was decreed in the desert that Israel would not enter the land. 2-3) And the Temple was destroyed, the first and the second. As at the end of II Kings 25 8-9, it is written, "And on the fifth month on the ninth of the month, in the twelfth year of the reign of Nevuchadnetsar...came Nevuzaradan... and the burned the House of the Lord." And at the end of Jeremiah 52:12, it is written about this very story, "on the tenth of the month." And they said in Taanit, "It was taught, 'It is impossible to say on "on the seventh," as behold it has already been stated "on the tenth;" and it is impossible to say "on the tenth," as behold it has already been stated "on the seventh." So how is this? On the seventh, they entered the chamber, etc. On the ninth close to darkness, they set it on fire and it continued to burn the entire day of the tenth'" (Taanit 29a). 4) And Beitar was conquered on it, and there were thousands and tens of thousands of Jews [there]. And there was a king there and many imagined that he was the king Messiah. But the sins caused that they were all killed and they were also not allowed to be buried, and it was a great woe like the destruction of the Temple. 5) And on this day that is fit for punishments, the evil Turnus Rufus plowed over the [Temple] chamber, in order to fulfill that which was stated, "Zion will be plowed for a field."
  And these four fasts; behold they are explicit in the tradition through the prophet, Zachariah 8:19, "So said the Lord of Hosts, 'the fast of the fourth and the fast of the fifth and the fast of the seventh and the fast of the tenth will be for the House of Yehuda for happiness and rejoicing.'" "The fast of the fourth" is the seventeenth of Tammuz, as it is in the fourth month. And "the fast of the fifth" is the ninth of Av, as it is in the fifth month. And "the fast of the seventh" is the Fast of Gedaliah, as it is in the seventh of the months. And "the fast of the tenth" is the tenth of Tevet, as it is in the tenth of the months. And all of Israel is accustomed to fast on those days. And even though with the first Temple, Jerusalem was breached on the ninth of Tammuz - as it is written in Kings there - nonetheless, they did not decree a fast upon it; only on the seventeenth, upon which the city was breached with the second [Temple]. And for us the destruction of the second Temple is [more] weighty, as from then we have become poor and scattered to the four corners of the earth. And to decree that they should fast on [both] the ninth and the seventeenth, we do not decree too much upon the community. (And Beit Yosef brought in the name of Rabbenu Yerucham that Gedaliah was killed on Rosh Hashanah, and it was pushed off to the next day - see there. And nonetheless, it does not have the status of a fast that is pushed off, concerning one who needs to do a circumcision -  as it is like this all of the years. And it is not similar to a fast that is pushed off from Shabbat to Sunday, as everyone [is aware] of the pushing off, which is not the case with the Fast of Gedaliah, as all years are the same. And [this is] like the conclusion of Taz - see there.)
  In the Talmud there, it is expounded from the verses in Zachariah that in the time of the Temple these fasts were for happiness and rejoicing [and not for fasting], and so [too] will it be in the future, if God wills. And during the time of the destruction: if the Children of Israel are in a state of pain, they are obligated to fast - and it is positive commandment of the words of tradition and all of Israel accepted it upon them; and in a time when they are not in a state of pain, if the majority of the community wanted, they fast [and] if the majority did not want, they don't fast. And at this time, they wanted and accepted upon themselves  to fast (Tur). And  especially now there is pain. And nonetheless, we did not accept them as a complete public fast to be stopping [to eat] from when it is still day [on the eve], to walk barefoot [and to abstain from] bathing, applying [ointments] and sexual relations, except only on the Ninth of Av.  But [on] the other three fasts, we eat at night [on the eve] and we do not practice all of the stringencies, but [rather just] fast from the morning to the evening, as per the law of a private fast. And at this time - [due to] our many sins - [there are those that] devalue these fasts and they will bear the punishment [for this] in the future. As it is forbidden for anyone who is healthy to separate himself from the community, and [if he does,] he transgresses a positive commandment from the words of tradition. And even the one that needs to eat because of his weakness should not eat his meal like on all the [other] days, but rather only food and drink needed for the sustenance of his body. And this is [what] we are accustomed [to do]. 
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  And know that there are those who place a Volume Completion on these days, so as to eat flesh. And it is a hideous thing, because even though in Mo'ed Qatan (9a) it is clear that it is permitted it measure some for a Mitzvah Feast, as it was there by the building of the Temple op. cit., certainly to have one a priori so as to eat flesh - not good at all. And there are those who learn a volume a priori so as to make a Completion in these days, and this thing is possible, in order that because of this occupation with Torah is produced. Who? - do not ask for Completion except from Sages which are close to Torah learning. And we do not practice with Completion, and even if a Completion occurs in these days - we place the Completion  after the Ninth of Av, so that it is possible to celebrate in the Completion celebration according to the deserved glory of Torah.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  We do not recite Tachanun during Shacharit on Erev Rosh Hashana (i.e. the day whose evening is the start of Rosh Hashana).  Even though we "fall on our faces" (recite petitionary prayers) through the observance of Selichot (during the final days of Elul), and sometimes these (pre-dawn prayers) continue into the day, nonetheless during Shacharit (on Erev Rosh Hashana) we do not recite Tachanun, just as for the Eve of every Yom Tov.  And we do not sound the shofar on Erev Rosh Hashana, in order to separate what is merely permitted from what is obligated.  Though in the study hall, it is allowed.  We do not sound shofar at night anytime during the whole month of Elul, even for the sake of learning.  For one does not try to arouse (heavenly mercy) at night, and sounding the shofar arouses the uppermost qualities.  The custom is to allow oaths on Erev Rosh Hashana.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  ......
  
  
  
  
  Know that in the Rambam, in his Laws of Yom Kippur, this law of eating and drinking on the ninth does not exist. And ostensibly, the reason is simple: In Yoma, it's a Tannaic dispute regarding the interpretation of that verse. One of the Tannaim derives from that verse the concept of adding extra time to the day of Yom Kippur [by starting earlier than sunset]. Thus we have there: "And you shall afflict your soul... on the ninth of the month..." Do you really think one should start fasting on the ninth? The Torah therefore says, "in the evening." But if it's the evening, one might think [this means] only once it gets dark? The Torah therefore says, "on the ninth." How does one accomplish this? He shall start fasting while it is still day. From here we have the concept of adding from the non-holy day to the holy day... And [the gemara] questions this: But the Tanna who derives the concept of adding extra time to Yom Kippur from a different verse, what does he do with this verse? And [the gemara] answers: That anyone who eats and drinks of the ninth is as if he fasted for both days... And so the Rambam in Laws of Yom Kippur 1:6 writes, "And one must add from the non-holy day onto the holy day... as it says, 'And you shall afflict your souls on the ninth of the month in the evening,' meaning, you shall start to fast from the end of the ninth close to it..." And since he uses this verse for the concept of adding time to Yom Kippur, he therefore doesn't use it for the derivation of "Anyone who eats and drinks..." And that's why he leaves it out.
  But if so, why does the Rambam mention it in the Laws of Vows 3:9, "One who vows to fast on Monday or Tuesday, and it turns out it is Yom Tov or Erev Yom Kippur, he is obligated to fast... If it turns out it is Chanukah or Purim, he should push off the fast [til afterward]. since it is a rabbinical prohibition to fast on those days, it needs bolstering [and therefore fasting on it to fulfill a vow is forbidden]." It is explicitly implied that Erev Yom Kippur is forbidden to fast on from the Torah, like Yom Tov, and doesn't need bolstering. And that's how the commentators have understood his words.
  I am very puzzled by this! If one thinks that the Rambam holds that it is forbidden to fast on Erev Yom Kippur on a Torah level, or even on a rabbinical level, and that one must eat on it and drink - how could he not mention it in the appropriate place, in the Laws of Yom Kippur, but instead rely on the fact he mentioned it by-the-by in the Laws of Vows, through the opposite fact where one would be obligated to fast [if one took a vow]. And so, it seems in my humble opinion that it is clear according to what I have said, that the Rambam discarded this law, as I wrote. And the fact that he wrote in the Laws of Vows that one is obligated to fast [if one took a vow for Erev Yom Kippur], the reason isn't because it is a Yom Tov, whether on a Torah level or close to it, and it doesn't even need bolstering. Just the opposite - [the reason one must fast on it if one took a vow to do so is] because there is totally no mitzvah to eat, either on a Torah level or rabbinical. That's why the vow takes effect. And the reason why it was mentioned at all is because the custom of everyone is to eat a lot on Erev Yom Kippur. And there is a Midrash of a tailor who spent much money for a fish on Erev Yom Kippur, brought by the Tur. And we find it similarly in the end of the 5th chapter of Chulin 83a that they would have much for meals on Erev Yom Kippur. And so that one will not be mistaken that there is some rabbinical mitzvah, and therefore the vow shouldn't take effect on that7 day like Chanukah and Purim - [the Rambam] teaches us that there is no rabbinical command at all, and the vow takes effect. And the Rambam is not alone on this, for I didn't find this law in the Rif and the Smag the command to eat on Erev Yom Kippur. And their reasoning is because that verse is used for adding time to Yom Kippur, see there.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  It is a positive biblical commandment to sit in the Sukkah for seven days, from the 15th of Tishrei until after the 21st of Tishrei, for it is written in Parashat Emor (Leviticus 23:34): "On the fifteenth day of this seventh month is the feast of tabernacles for seven days unto the LORD... Ye shall dwell in booths seven days; all that are home-born in Israel shall dwell in booths; that your generations may know that I made the children of Israel to dwell in booths, when I brought them out of the land of Egypt" (Leviticus 23:42-43).
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  "for I caused Israel to dwell in Sukkot" (Leviticus 23:43) --these were clouds of glory according to Rabbi Eliezer, Rabbi Akiva says 'these were actual sukkot.' (Sukkah 11b).  According to the position of Rabbi Eliezer, it is obvious that we would want to remember such a tremendous feat as being surrounded by the clouds of glory...for inside the clouds of glory God was revealed to all the people, as it says, "You, O LORD, appear in plain sight when Your cloud rests over them and when You go before them in a pillar of cloud by day and in a pillar of fire by night."(Numbers 14:14)                            However, for Rabbi Akiva whose understands these to be physical sukkot, what is so great about these that the Torah instructs us to build them "in order that future generations may know that I made the Israelite people live in booths"? (Leviticus 23:43)
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  In the [time of] the second Temple when the evil Antiochuses lived, they made decrees against Israel and [forbade] their holy religion; they did not allow them to be engaged with Torah study and with the commandments; and they placed their hand on their money and on their daughters. And they entered the Temple and opened gaps [in its walls], made the pure things impure, caused pain to Israel and brought great duress upon them. Until the Lord, the God of their forefathers had mercy upon them and delivered them from their hand, and saved them through the holy and pure sons of the Hasmoneans, the High Priests, Mattatyahu and his sons; who fought with Antiochus and were able [to win]. And the victory was not according to nature, as the Hasmoneans [together ] with a band of pious men were very few and Antiochus came against them with a large [group], with many elephants and with chariot and riders. However the Lord, who desires His people, Israel, 'delivered the mighty into the hand of the weak, the many into the hand of the few, the impure into the hand of the pure and the evildoers into the hand of the righteous.' And the renegades from Israel who appended themselves to Antiochus were also killed and delivered into the hand of those engaged in Torah study. And then the name of Heaven was magnified and sanctified in the world, the light of the Torah shone in its true purity and the name of Israel was magnified.
  And the end of the miracle was on the 25th of Kislev. And another miracle was shown to them from the Heavens through the 'candle of the commandment and the Torah light.' As we have the text in Shabbat 21b that reads, "What is Chanukkah, that our Sages taught: 'On the 25th of Kislev - the days of Chanukkah, they are eight, not to eulogize on them and not to fast on them?' When the Greeks entered the Temple, they polluted all the oils in the Temple, and when the Hasmonean dynasty overcame and defeated them, they checked and they found but one cruse of oil that was set in place with the seal of the High Priest, but there was in it only [enough] to light a single day. A miracle was done with it, and they lit from it for eight days. The following year [the Sages] fixed those [days], making them holidays for praise and thanksgiving."  
  The explanation of these words: When they purified the Temple, they were all impure from defilement with corpses from the war. And someone impure from contact with corpses can only become pure after seven days - through the sprinkling [of purifying waters] on the third and seventh day. And [then] one [more] day [was needed] for the preparation of pure oil (Beit Yosef). And also, as the pure oil was at a distance of four days [sojourn], by the time they would go and come back, eight days would pass (Ran on Shabbat 21a). And they did not have what to light in the menorah. [It is true that] they sacrificed all of the daily sacrifices, since a communal sacrifice pushes off [the prohibition of sacrificing when the priests are in a state of] impurity. And therefore, they could have also lit the candles of the menorah for this reason, as it is taught [in a bereita] in Torat Cohanim, Parshat Emor, at the end of Parsha 13, "'He shall arrange the candles in front of Me always' - 'always,' even on Shabbat; 'always' even in [a state of] impurity." However the oil had to be pure, as impurity is only rendered permissible for the community [in this context] with regards to the impurity from contact with corpses; but not other impurities, as is explained in Pesachim 67a. And the oil was made impure with [such] other impurities - though their touch and their being carried. And all of the olives were [similarly] made impure. [This situation lasted] until they attained [olives that were still] attached [to the tree], as they do not absorb impurity, and [so] eight days passed. And therefore, when they found this cruse sealed with the seal of the High Priest - and it had been placed in a deep location such that it was not raised up; as were this not so, it would have become impure through being raised up (Tosefot, Shabbat 21b), and also, had [the Greeks] seen [it], they would have certainly taken it, as it would have appeared that there were precious stones there (Ran, op.cit.) - the Holy One, blessed be He, made a miracle for them. As even though there was only enough [pure] oil for one day - they lit for eight days from it, until they made pure oil. And hence, they 'fixed eight days for praise and thanksgiving.' (And see Beit Chadash, but according to what I have written, it easily comes out fine.)
  And even though the miracle was really for seven days - as there was enough in it to light for one day - nonetheless, since only one eighth of the oil was lit, it follows that the miracle was also on the first day (Beit Yosef). And there is someone (Shiltei Hagiburim citing Hagahot Mordechai?) who wrote, "[Eight days are commemorated,] since they [forbade] the commandment of circumcision, which is for eight days." And there is one who wrote, [It is] because they then inaugurated the Temple for the service that the evil Antiochus had [forbidden] (Ibid.). 
  And [the last reason] is the truth - as in the Midrash, it is found that the work of the tabernacle was finished on the 25th of Kislev, and they did not inaugurate it until the beginning of the month (Rosh Chodesh) of Nissan, when the forefathers had been born.  And the Holy One, blessed be He, payed [Israel] back in the time of Mattityahu (this midrash is brought by Maharsha, Shabbat 21b). And hence they made it like the inauguration of the Tabernacle, which was [composed of] the seven days of installation and the eighth day, [which] was the completion of the beginning of the service in the Tabernacle by Aharon and his sons, as is explained in the Torah. And so [too] with King Shlomo, it is written in II Chronicles 7, "And Shlomo made the holiday... seven days, and... on the eighth day was a convocation" - see there. And hence to commemorate [this], they called this holiday Chanukah (inauguration) also, from the expression, <i>chanukat hamizbeach</i> (inauguration of the tabernacle) and <i>chanukat habayit</i> (inauguration of the Temple). And with this, there is also an allusion to the 25th day: chanu (they inaugurated) kah [which is made up of the letters kaf and hey, which together represent the number twenty-five] (Ran, op.cit.). And another reason for this is elucidated in the Book of the Maccabees: Since, as a result of the decrees, they were stopped from bringing the sacrifices of the holiday of the past Sukkot and Shemini Atzeret. And hence, to commemorate this, they made the eight days of Channukah. And [it followed] that when from the Heavens they were shown the miracle of the oil - 'They' showed them that 'They' agreed to them making eight days. (And this is [the meaning of] what they wrote in Shabbat, op.cit., "The following year, they fixed, etc.;" meaning to say, after they saw that there was agreement to them from the Heavens to make eight days - through the oil that 'They' showed them [stay] lit for eight days. And in commemoration of this miracle, they fixed that candles be lit on Channukah, as was written by Tur.) 
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  (1) On Friday, one should light the Hanukkah light before the Shabbat light.  And it does not matter whether one accepts Shabbat through lighting the Shabbat light, in which case it is forbidden to light anything else, but even if one does not accept Shabbat through lighting, nevertheless, one cannot light Shabbat lights before the Hanukkah light, because it is inappropriate after lighting Shabbat lights to do profane work....  Legally, one may light Shabbat lights first, but it is better to light Hanukkah lights first ....  
  (2) It is true that the RaSHBA, z"l, in a responsum (Part I, #1070), ruled that one should light Shabbat lights first, because "frequent and infrequent -- frequent goes first."  And I'm surprised, because the Gemara says explicitly that, if one lacks both [wine for] kiddush and Hanukkah lights, Hanukkah lights takes priority, because of publicizing the miracle, over kiddush that is frequent.  It must be that he [RaSHBA] was of the view that this [Talmudic ruling] addressed the situation where one of the practices would be omitted entirely, and did not address which should be performed first [when both could be performed], and that the Tosafot were also of this view.  And one can explain further, that on Friday, when one lights while it is still daytime, the consideration of publicizing the miracle does not yet apply.
  (3) Nevertheless, the established practice in all corners of the Jewish world is to light Hanukkah lights before Shabbat lights, because our women accept Shabbat through their lighting [Shabbat lights].  And even a man who lights, when it is explicit that he is not accepting Shabbat, and in such way [lighting Shabbat lights first] would be permissible even according to the BH"G, he should still light Hanukkah lights first....
  
  Yoreh De'ah
  
  
  
  
  
  Shechita (Ritual slaughtering as dictated in Jewish Law) is a "positive" mitzvah. Shecita is not obligatory (as the case with obligations of Shofar, Succah and Lulav) since if one does not want to eat meat, there is no need to shecht (slaughter) . However, if someone does want to eat meat- there is an obligation to eat the animal only after shechting it, as the verse says, "You shall sacrifice your cattle and sheep like you have been commanded"(Deut. 12:21). Similarly, the shechita of a wild animal (that is kosher) is dictated by Torah law as the verse says regarding a firstborn animal that has a blemish, "...the same way he will eat the deer and the buck" (Deut. 12:22). One learns from this that a wild animal is alike to a domesticated animal in terms of Shechita (See the Sifrei HaMitzvos of the Rambam and the Smag). Furthermore, the shechita of birds is dictated by the Torah since the verse says, "that he will hunt a hunted animal or bird and will pour its blood" (Lev. 17:13). It is concluded from this verse that the pouring of the blood of a bird (which is part of the shechita process of that bird) is the same as that of an animal (see Sifri on Parshas Re'eh). It was taught by Bar Kafra- "This is the set of rules for the animal and the bird and anything that lives in the water" (Lev. 11). 'The bird' has been placed in between 'the animal' and 'anything that lives in the water'...
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  ...The Bet Yosef writes that when a Jewish baker is not found, one may buy bread from a non Jewish bakery. If there is a Jewish baker that comes to town, then the non jewish bakery is no longer permitted. However, once the bread is brought from the non-Jewish Baker in a permitted fashion (ie no Jewish baker is in town) it is permitted even when a Jewish baker arrives before one consumed the bread from the non Jewish bakery. The reason that the bread is permitted, is that when the bread was bought it was in a permitted state, once permitted it does not return to a prohibited state.
  The Bet Yosef writes that when a Jewish baker is not found, one may buy bread from a non Jewish bakery. If there is a Jewish baker that comes to town, then the non jewish bakery is no longer permitted. However, once the bread is brought from the non-Jewish Baker in a permitted fashion (ie no Jewish baker is in town) it is permitted even when a Jewish baker arrives before one consumed the bread from the non Jewish bakery. The reason that the bread is permitted, is that when the bread was bought it was in a permitted state, once permitted it does not return to a prohibited state.
  The Bet Yosef writes that when a Jewish baker is not found, one may buy bread from a non Jewish bakery. If there is a Jewish baker that comes to town, then the non jewish bakery is no longer permitted. However, once the bread is brought from the non-Jewish Baker in a permitted fashion (ie no Jewish baker is in town) it is permitted even when a Jewish baker arrives before one consumed the bread from the non Jewish bakery. The reason that the bread is permitted, is that when the bread was bought it was in a permitted state, once permitted it does not return to a prohibited state.
  The Bet Yosef writes that when a Jewish baker is not found, one may buy bread from a non Jewish bakery. If there is a Jewish baker that comes to town, then the non jewish bakery is no longer permitted. However, once the bread is brought from the non-Jewish Baker in a permitted fashion (ie no Jewish baker is in town) it is permitted even when a Jewish baker arrives before one consumed the bread from the non Jewish bakery. The reason that the bread is permitted, is that when the bread was bought it was in a permitted state, once permitted it does not return to a prohibited state.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  All of these beverages that we've discussed - this permissibility is only if there is no concern of an admixture of wine, such as beer or honey-drink, and other similar beverages. But types of beverages that there might be a concern of an admixture of wine - such as apple-wine or pomegranate-wine and other similar drinks - if they are in a place where wine is cheaper or even if it's not cheaper, but the beverages are improved through the addition of wine (Priest’s Lips §6) - if there's only this concern, then it is forbidden to buy it from a gentile until it is known that there is no admixture of wine. And even if there is an admixture of wine, but know that the wine is nullified 1 in 60 parts, then it is also permissible. And there are those who say that it doesn't require 60, but that it is sufficient to have a 1:6 ratio, as it is written in Section 134 of the Shulhan Arukh that wine in water is nullified 1:6 and this is the rule with other beverages (Gold Rows §4), although the first opinion opines that it is only nullified in water 1:6, but requires 60 parts in other beverages (Abraham's Shield Section 204 §16).
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  It is written further there: If the son knows that his father and mother are disappointed by what he has chosen to fast over – he may not undertake a fast that is not obligatory.  And a father that was sick, and the doctors ordered that he should not eat this certain food or he should not drink this certain drink, and the father requested that his son give this to him – the son does not give this to him.  And even if the father says to him “I will not forgive you if you do not give this to me” – the son should not take any notice of him.  Since the doctors had warned him about it – it is impossible to give it to him.   And if the mother commanded something of her son, and the father asked the son, “What did she say to you?”, and the son knows that telling him the truth will make him angry at her – he should not tell him what she commanded.  It is permitted to depart from the truth in a matter that will bring peace.
  
  Even HaEzer
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  One may not send regards to a woman whatsoever, even by means of a messenger, and even by means of her husband it is forbidden to send her regards, but it is permitted to ask her husband of her welfare.  And the reason that one may not send regards to a woman is because maybe through sending her regards, even through a messenger, they will become acquainted with one another and come to affection [Rashi].  And according to this, the prohibition is only with sending regards that causes mental closeness and love, but to say "good morning" or the like - it seems that it isn't forbidden.  And to ask someone else how a certain woman is doing, some say that this is only allowed by means of her husband and not by means of anyone else [Chelkat Mechokek], and some permit it [Bach].  And to ask a woman about the welfare of another woman is allowed [Maharsha]; and there are those who want to forbid this because the voice of a woman is nakedness, but that isn't seemly, because normal speech isn't prohibited with women, only a sweet voice where the listener benefits from it.  And to write in a letter "send regards to your spouse" or "and tell your wife greetings" - it is prohibited, because this is sending regards through her husband, but to ask about her welfare in a letter - it is permitted, because he is asking her husband how she is faring.  And as to his daughter and his daughter-in-law and his sister - it seems that it isn't forbidden whatsoever to send regards to them because causing mental closeness isn't pertinent, because it is the way of the land that a father sends regards to his children, and it is an obligation on him, and likewise a brother to his sister.  And the bottom line of these concepts is that everything is dependent on astuteness and fear of heaven, and if his impulses are submissive and compliant to him and nothing gets aroused in his heart whatsoever - there isn't a concern about sending regards [Ritva], and therefore we found by Elisha that he said to his attendant "run now to call her and tell her 'peace to you'", although from there there is no proof, because everything was done because of (prophetic) speech, for he was a prophet.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  Elul is written 'full,' meaning that the vav is added because this is how it appears in the Book of Nechemia chapter 6 and in the Mishnah at the beginning of tractate Rosh Hashanah. In the ninth chapter of Bechorot Tishre is written with one yud at the end of it and not more, and it is also written so in the Mishnah there. Marcheshvan is written with one vav as it is found in the Mishnah, and in the first chapter of the gemara Ta'anit as well as elsewhere. If one writes is simply as Cheshvan this is legitimate because that is what people call the month and that is how it is printed in calendars and people will not be led astray. It appears to me that if Cheshvan is written with two vavs it is also a legitimate spelling because the extra letter does not change the pronunciation and will not lead people astray. One must write Marcheshvan as a single word and if it is written as two words - Mar Cheshvan - I am in doubt that it is legitimate. Even if one says that this is acceptable, I am still in doubt in a case when Mar is written at the end of one line and Cheshvan at the beginning of the next. It appears to me that Mar is its own word meaning, as some people explain, that the rains fall in this month and Mar refers to raindrops as it is written "The nations are but a drop in a bucket..." (Isaiah 40:15) One could also say that in the Jerusalem Talmud (chapter 1, halacha 2) and in midrash Bereshit 48 it teaches that the names of the months were brought by the returnees from the Babylonian exile. Therefore one could say that they made this month a remembrance for the beginning of the sins which led to exile that itself began with the ten northern tribes and only afterward continued withe Judah and Benjamin. The 'chief sinner' was Yerovam ben Nevat who switched the seventh and eight months of the calendar, as it says in the Book of Kings (I Kings 12:32-33). Mar in Aramaic means 'switch,' which would make Marcheshvan a reference to switching Cheshvan and Tishre, the seventh and eight months. There is also a hint here thaht this change cause bitterness (marirut) to all of Israel. Despite all this, in truth we do not expound the meaning of the names of the month in a definitive fashion and therefore if Marcheshvan is written as two words or on two line this is a doubtful case despite the fact that I am inclined to permit it. If, Gd forbid, this doubt should lead to the inability to grant a divorce then perhaps one should be lenient.
  
  Seder HaGet
  
  
  
  Seder Chalitza
  
  
  
  Choshen Mishpat
  
  
  
  
  
  The law of appointment of Judges in our days and the days of the Temple and in it are 26 paragraphs All that is explained in these laws is only with the permission of the Exalted Czar, for the law of the King is the law.  It is a positive commandment from the Torah to appoint Judges as it says (Devarim 16:18) Judges and (Enforcement) Officers you should appoint for yourselves. And they need to have Semikha from the Land of Israel specifically. That is, 3 wise men and one of them that has Semikha (Rambam, Sanhedrin Chapter 4, Halacha 3) when they see a wise man that is fit to judge and issue rulings, they should give Semikha and call him Rebbe (Rabbi).
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  Even though the ones chosen [to judge] have all the laws of being a judge, and therefore it should be forbidden for any of the litigants to propose his claims before the one he chose without the other litigant present, nevertheless, it has become the minhag that each one proposes his claims before the [judge] he chose. And since each of the two parties does this, and the minhag is such, it is as if each party has accepted upon themselves this process in this mode, and there is no prohibition. However, the chosen [judge] must be careful to make sure the litigant who chose him promising him money for his work will give it to him whether he wins or loses. For were this not so, it would be prohibited for him to sit in judgement, since he has a bias, and his heart is turned even to falsity so that he can take from his party what was promised him.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  If he accepts testimony of an Arab [i.e. gentile], it is as effective as if he accepted a relative or invalid witness. But if he agreed to be judged before an Arab judge, that does not work at all, and it is prohibited to be judged before them, as will be explained in Siman 26. But if he agreed to rely on what he judged based on the clarity of his thought, and not on their set laws, that is as effective as accepting a relative or an invalid witness (like we saw earlier in the approach of the Shach in s'k 15, and this is the proper law, unlike ...).
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  We have established that sight damage (<i>hezek re'iyah</i>) is a real form of damage. For most people are particular about others watching their actions, their use [of the courtyard] and their work, because the evil eye results from the gaze of others - and the Sages, may their memory be blessed, said (Bava Metzia 107a) that it is prohibited for a person to stand by another’s field when [its ripe grain] is standing; and they also expounded about the verse (Deuteronomy 7:15), "The Lord will ward off from you all sickness," this is the evil eye - and furthermore, there are many kinds of work and use that require privacy, such that when someone else is watching, one is prevented from doing them. But we have also established that there is established use (<i>chazakah</i>) with sight damage (showing the damaged party's consent to the situation). However there is a disagreement about the measure of established use, as I have written in the beginning of Arukh HaShulchan, Choshen Mishpat 153. For there are some that say that immediately when his fellow does [an action that impinges on his privacy] and it becomes known to him and [yet] he is quiet, it is immediately [considered] acquiescence. But there are others that say that it requires three years and a justification [of the action]. And we have already explained there in paragraph 3, regarding the established use of sight damage, that since there is a doubt about the law, the burden of proof is upon the one who wants to extract what his fellow [possesses]; and the one damaged is called the possessor. Hence there is no established use here without a justification and with less than three years. However there is established use with sight damage. And even though there are some great rabbis that hold that there is no established use at all with sight damage, our rabbis who are the authors of the Shulchan Arukh have determined that there is established use. And likewise should one instruct once a person has established his use for three years with a justification.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  The Rama has already written at the end of Shulchan Aruch, Choshen Mishpat 35 that the rules regarding invalid witnesses is according to the formal ruling, but there is an early enactment that in a place where there are no available valid witnesses, we accept testimony even from invalid witnesses. And there is someone who has written that this is only true regarding uncommon occurrences, but regarding torts which are common we do not apply this early enactment. . . . And I was shocked because if this limitation [on the early enactment is true] you have not left any room to survive for from where will parties secure valid witnesses regarding various forms of property damage . . . [It seems to me] that the core reason [why some have resisted expanding this early enactment] is because we are worried that some will simply hire invalid witnesses to testify falsely. Therefore, it seems to me that the law is where a beit din concludes that the testimony of invalid witnesses is not credible and the opposing party contradicts their testimony completely, the beit din will not rule on the basis of the testimony submitted by the invalid witnesses. However, if the beit din believes, based on the facts of the case, that they would be ruling correctly by admitted the testimony of these invalid witnesses, [then they should admit the testimony of the invalid witnesses] because if you did not do so, the fields, gardens and orchards will be burned down and there will be nobody to protect them. And this is the correct ruling.