Halachipedia - User contributions [en]

Building a Fence Around One's Roof

2019-11-04T23:00:05Z

RBarak: I deleted idle links and tried to standardize transliteration.

==Obligation==

#There is a positive Torah command to build a fence on the roof of a house that’s used for living.<ref>Based on the pasuk Devarim 22:8 כִּ֤י תִבְנֶה֙ בַּ֣יִת חָדָ֔שׁ וְעָשִׂ֥יתָ מַעֲקֶ֖ה לְגַגֶּ֑ךָ, Sefer Hachinnuch 546, Rambam Sefer Hamitzvot Aseh 184, Sefer HaMitzvot Hakatzar of the Chofetz Chaim 77, Kitzur S"A 190:1 </ref>
#The fence on the roof must be ten Tefachim (86 centimeters) and strong enough so it would prevent someone from falling. <ref>S”A C”M 427:5, Kitzur Shulchan Aruch 190:1 </ref>

==Which Roofs?==

#Any flat roof requires a maakeh (a three-foot wall to keep people from falling off), even if people only walk on the roof occasionally. <ref>Sh"t Rivivot Ephraim 1:35 </ref> A roof that is not used does not need a roof.<ref>Kitzur S"A 190:1 </ref>
#Shuls and Batei Midrash are exempt from putting a fence on the roof since these buildings aren’t meant for living. <ref>S”A C”M 427:3 based on gemara chullin 136a </ref>
#Some say that there’s no obligation for a slanted roof. <ref>See Mishneh Halachot 4:243, Yalkut Yosef (Chupah VeKiddushin pg 669) </ref>
#A building used for storage or animals doesn’t require a fence on the roof. <ref>S”A C”M 427:1, Kitzur Shulchan Aruch 190:1 </ref>

==Other Things==

#If one has a pit in one's property one must erect a fence of ten Tefachim around it or cover it up so that someone doesn't fall in.<ref>Kitzur Shulchan Aruch 190:1</ref>
#Some say that a window that can be opened and is situated less than ten Tefachim from the floor requires a fence outside of it,<ref>[http://www.otzar.org/wotzar/book.aspx?155405&pageid=P0034 Emek Beracha page 34], [https://www.yutorah.org/lectures/lecture.cfm/906667/rabbi-hershel-schachter/bava-kamma-6-nizkei-avadim-bor-meinekes-maakah-peshia-ones-ones-gamur-garmi-rav-tendler-s-class-rav-shteinman-stories/ Rav Hershel Schachter (Bava Kamma 5778-9 #6)]</ref>, as a child could innocently open the window and fall out. Although others disagree Halachically,<ref>[http://www.hebrewbooks.org/pdfpager.aspx?req=21547&st=&pgnum=337 Shu"t Machazeh Eliyahu vol. 1 Siman 121:1-2] claims that either because as long as the walls of the room indicate clear limits of one's walkable range, there can be "holes" in the Maakeh or because the window is narrow enough for one to grab on to the sides if he falls, that the Emek Beracha is incorrect.</ref> some admit that one should for safety reasons install a fence of some sort without a Bracha.<ref>Shu"t Teshuvot veHanhagot vol. 1 Siman 848. He quotes Rav Chaim Kanievsky who claims the Chazon Ish disagreed with the Emek Beracha. Indeed, the Steipler ([http://www.hebrewbooks.org/pdfpager.aspx?req=50076&st=%D7%96%D7%9B%D7%95%D7%9B%D7%99%D7%AA&pgnum=35 Mezuzah uMaakeh, Hilchot Maakeh Seif 31]) claims he heard the Chazon Ish say so himself. See also [http://www.otzar.org/wotzar/book.aspx?22807&pageid=P0289 Yevakesh Torah (Shulchan Aruch) Siman 118]</ref> Some even recommend always installing locks on windows that are even above ten Tefachim in homes with small children.<ref>Shevet HaKehati (vol. 4 Siman 311:1-2), Yalkut Yosef (Sova Semachot vol. 1, Ketzat MeHilchot Maakeh 24)</ref> Moreover, some say that glass itself can never be used for a fence,<ref>[http://www.otzar.org/wotzar/book.aspx?155405&pageid=P0034 Emek Beracha page 34]</ref> as it doesn't fulfill the Rambam's definition of being able to sustain the pressure of someone leaning on it, but others disagree, since thick glass walls do fit that definition.<ref>[http://www.hebrewbooks.org/pdfpager.aspx?req=21547&st=&pgnum=337 Shu"t Machazeh Eliyahu vol. 1 Siman 121:1-2], Aruch HaMishpat Siman 427 page 32</ref>

==Beracha==

#The beracha of Asher Kidshanu Bimitzvotav Vitzivanu Laasot Maakeh is recited when building the fence. <ref>Rambam [[Berachot]] 11:8 </ref>

==Links==

*Article on [http://www.yutorah.org/lectures/lecture.cfm/740334/rabbi-josh-flug/ma-akeh-the-mitzvah-to-build-a-fence-around-one-s-roof/ Maakeh: The Mitzvah to Build a Fence Around One's Roof] by Rabbi Josh Flug
*[https://www.star-k.org/articles/articles/1215/good-fences-make-good-home-owners/ GOOD FENCES MAKE GOOD HOME OWNERS] (Star-K)
*[https://www.star-k.org/articles/kashrus-kurrents/5295/insights-from-the-institute-8/ INSIGHTS FROM THE INSTITUTE] (Star-K)

==Sources==
<references />
[[Category:Between Man And His Fellow]]

Shnayim Mikra V'Echad Targum

2019-11-04T22:54:43Z

RBarak: I changed the transliterations (multiple were previously in the article) of V'Echad Targum to be standardized to the one used in the title of the articles. Also, I deleted links that led nowhere for the concept about which the article is.

==Who is obligated?==

#All men have an obligation to read the parsha that the Tzibbur is currently reading (Parsha HaShavua) twice with the targum once. This [[mitzvah]] is called Shenayim Mikrah V'Echad Targum. <ref>Rav Huna Bar Yehuda in Gemara [[Brachot]] 8a says that a person should read the Parsha twice and Targum once. This is codified by the Rambam ([[Tefillah]] 13:25), Tur, Shulchan Aruch 285:1, and Kitzur Shulchan Aruch 72:11. Mechilta Parshat Bo quoted by Bet Yosef 285:5 records that Rabbi Yehuda HaNasi commanded his sons to fulfill this obligation before [[Shabbat]] lunch. Aruch Hashulchan 285:2 writes that this obligation is an institution since the times of Moshe Rabbeinu. Sh”t Maharsham (1:213 "ulam" writes that this has become a real obligation. Baal Haturim Shemot 1:1, Levush 285:1, Pri Megadim MZ 285:1 bring a hint to this obligation from the first pasuk in sefer shemot from the first letter of each word in the pasuk. see there for the small variations in the hint. </ref>
#Even someone who will hear the Torah reading in Shul must read Shenayim Mikra. <ref>The Hagahot Maimoniot ([[Tefillah]] 3:24) quotes the Raavan who says that [[Shenayim Mikra]] is only an obligation for those who live in villages that don’t have Torah reading on [[Shabbat]], however, the Hagahot Maimon argues on the Raavan. The Rambam 13:25, Tur, and S”A 285:1 write explicitly that there’s an obligation of [[Shenayim Mikra]] even for someone who heard Torah reading in shul. </ref>
#Even someone who is learned and wants to learn Talmud is obligated to read Shnayim Mikrah. <ref>Teshuvot HaGeonim 7 in name of Rabbenu Matatya says that even a talmid chacham must complete Shenyaim Mikra VeEchad Targum. Sh”t Rashba 1:206 agrees. This is brought as Halacha in Chazon Ovadya ([[Shabbat]] 1 pg 300), Sh”t Igrot Moshe 5:17, Shulchan Lechem HaPanim (Siman 285), and Shemirat [[Shabbat]] KeHilchata 42:57. Kuntres Hilchot Shnayim Mikra VeChad Targum (Rabbi Sender, pg 10) writes that he saw Rav Elyashiv reading Shnayim Mikra even though he never wastes any time from [[learning Torah]]. Bikkurei Chaim (pg 39) writes that those who think that it’s [[Bitul Torah]] since they are capable of learning more in-depth should know that by spending more time on Shnayim Mikra they will be rewarded with long life ([[Brachot]] 8a). </ref>
#Even someone who doesn’t understand Targum very well should still read Shnayim Mikra V'Echad Targum.<ref>Sh”t Yechave Daat 2:37, Yalkut Yosef (vol 1, pg 358), Kuntres Hilchot Shnayim Mikra VeChad Targum (Rabbi Sender, pg 12) quoting Rav Elyashiv, Shemirat [[Shabbat]] Kehilchata (chap 42, note 215)</ref> Others hold that if one doesn't understand Targum one doesn't fulfill his obligation with reading Targum and instead should read Rashi.<ref>Chafetz Chaim in Likutei Maamarim Umichtavim n. 18</ref>
#Women are exempt from Shnayim Mikrah. <ref>Sh”t Mishna Halachot 6:60 writes that women are exempt from Shnayim Mikrah because many hold Shnayim Mikrah is included in the mitzvah of [[learning Torah]] from which woman are generally exempt. Shemirat [[Shabbat]] KeHilchata 42:60 and Yalkut Yosef ([[Shabbat]] vol 1 pg 361) agree. See Mishna Brurah 282:12 who writes that even though woman aren't obligated in Talmud Torah they should listen to the [[Kriyat HaTorah]] but the minhag isn't be strict about this. Regarding women listening to kriyat hatorah see Aruch Hashulchan 282:11.</ref> A woman who wants to read Shnayim Mikrah may do so. <ref>Chazon Ovadyah ([[Shabbat]] vol 1, pg 328) </ref>
#A parent should teach his son to read Shnayim mikra. <ref>Sh”t [[Shevet Halevi]] 8:46, Sh”t Teshuvot V’Hanhagot 1:661, Halichot Shlomo [[Tefilla]] 12:36 </ref>
#A sick, blind, or illiterate man is exempt but it’s preferable to hear it read from another person.<ref>Sh”t Radvaz 3:425, Kaf HaChaim 285:9-10, Sh”t Mahari Shtif 18</ref>
#A mourner within the first 7 days can read it but not with Rashi.<ref>Sh”t Habit HaYehudi 3:36(15), SH”t Orchot Yosher Y”D 1:28.</ref>
#A teacher who teaches children the parsha and goes over the pesukim a few times he only needs to read targum to fulfill his obligation.<ref>Shulchan Aruch O.C. 285:6, Mishna Brurah 285:16, Kaf Hachaim 285:32 adds that according Kabbalah it’s better to read it again all together without a break</ref>

==What Pesukim and What Targum?==

#The Targum Unkelos we have printed in regular Chumashim, which includes a Targum of every pasuk, can be used even for pesukim that are just names or places.<ref>The Gemara [[Berachot]] 8a says that one should also read the pesukim of just names such as “Atarot VeDevon”. Rashi explains that the pasuk chosen by the gemara has a targum but isn’t so well know, the targum Yerushalmi. On these pesukim one should still read it twice with targum rather than reading it three times without targum. So writes the Talmedei Rabbenu Yonah, Ravyah ([[Brachot]] 22), Mordechai ([[Brachot]] 1:17), Tashbetz 184, Orchot Chaim pg 64b:3, Kol Bo 37, and Leket Yosher pg 55. Since nowadays our Targum is the Mechlalta UMalbusta which is a derivative of Targum Yerushalmi one should read the Targum for the third time. so holds the Badei Shulchan 10b:1, Rabbenu BeChay (end of Matot), and Elfasi Zuta ([[Brachot]] 8b).</ref>
#Rashi’s commentary also counts as Targum. A Yaare Shamayim should read also Targum Unkelos and Rashi <ref>S”A 85:2, Mishna Brurah 285:6 says reading Unkelos is important since it was the targum of Torah given at har Sinai, and Rashi is also important since he includes the comments of Chazal. Sh”T Kinyan Torah 6:146 in name of Meharash that someone who learns Rashi on the Parsha every week is deserving of a portion of Olam Haba in Rashi’s Yeshiva. See Sh”t Shalmat Chaim 171. See also Michtavei Chafetz Chayim #18, where he says that nowadays we don't fulfill the mitzva with reading the targum and one must read rashi instead. </ref>
#The pasuk Shema Yisrael can be said twice and then it’s Targum.<ref>Maamar Mordechai 61:5 says since it’s recognizable that one is repeating every pasuk it’s not like he is acknowledging two deities (the issue with saying Shema twice usually see S”A 61:9). This is also the opinion of Sh”t Yam hagadol 3, Badei Shulchan 72:10, Sh”t Avnei Tzedek O”C 9, Divrei Menachem 61:2</ref>
#One doesn’t need to do it on the [[Yom Tov]] reading, [[Rosh Chodesh]], or the four parshiot or any reading that’s not in the weekly parsha.<ref>S”A 285:7, Mishna Brurah 285:18 and Kaf Hachaim 285: 35 explain that it’s because one is already completing the Torah by doing the weekly parsha. Kaf Hachaim 285:35, Sh”t Igrot Moshe O”C 3:40 extend this any time that’s not the regular weekly parsha. </ref>
#One should read the Haftorah of the weekly parsha even if the Haftorah read in shul is a special one for [[Rosh Chodesh]] or Zachor.<ref>Kitzur Shulchan Aruch 72:11 writes that the minhag is to read the haftorah as well as the parsha. The Chida in Moreh Etzbah 4:131-2 writes that one should read the weekly Haftorah even if a special one is being read in shul. Kaf Hachaim 285:36 and Ben Ish Chai Lech Lecha 11 agree.</ref>
#Some poskim say that one could be yotze the targum with an English translation of Rashi's commentary. <ref>The Taz 285:2 quoted by Mishna Berurah 285:5 says that if you do not understand targum unkelos or Rashi you can read the tzena u'rena in german. Based on this Rav Moshe Feinstein (quoted in Yagel Yaakov page 208 and in Dirshu Mishna Brura 285: note 15), as well as Rav Moshe Shternbuch in his Teshuvot Vihanhagot 1:261: "vhiskamti" allow using an English translation of rashi if that is the best way for one to study and understand the parasha. </ref>

==How should one read it?==

#There are three practices as how to read Shenayim Mikra: 1. Read each pasuk twice followed by it’s Targum <ref>The Arizal (Shaare Kavanot 62a) would read Shnayim Mikra pasuk by pasuk. The Sefer Itim (pg 244), Magen Avraham 285:1, Maharam MeRutenberg (Pesakim VeMinhagim, Mehura HaRav Kahana pg 217), Or Ha[[Shabbat]] (8:41 in name of the Bal Shem Tov), and Chida in Machzik Bracha 285:10 all hold that Shnayim Mikra should be done pasuk by pasuk. Sh”t Shevet HaLevi 7:33 writes that such was the minhag of the Chafetz Chaim. </ref> 1b. Read the entire parsha and then read each pasuk with it’s Targum, 1c. Read each pasuk with it’s Targum and then the entire parsha once. <ref>The Birur Halacha (Beginning of 285) writes that reading the entire parsha once and then each pasuk followed by it’s Targum, or reading the each pasuk once followed by it’s Targum and then the entire parsha once are both valid options that are halachically the same as the Arizal’s method because the entire issue is reading the Targum close to the pasuk. This is brought by Bikkurei Chaim 3:1. </ref> 2. Read each paragraph, petucha (a line break before the next paragraph) or setuma (a short break before the next paragraph) twice and then it’s Targum <ref>Kitzur S”A 72:11 writes that one should read each paragraph twice whether it’s patucha or setuma and then the Targum. The Shelah brings the different opinions and writes that he prefers reading one paragraph at a time and then doing the Targum on that. So was the practice of the Gra (HaMaaseh Rav 60) quoted in Mishna Brurah 285:8. Rav Yaakov Kamenetsky in Emes Liyaakov 285:1 suggests something similar that one should read a paragraph just mikra once, and then a second time with the targum. </ref> 3. Read the entire parsha twice and then the Targum. <ref>Aruch HaShulchan 285:7 according to the simple understanding of “completing the parsha twice with Targum” and supports it from Rashi and Or Zaruah. Torat [[Shabbat]] 285 writes that such was the minhag of Mahara MeBalaza. Orchot Rabbenu (pg 123) writes in name of the Steipler that there’s no difference between methods 2 and 3. Mishmeret Shalom 24:33 writes that his father and grandfather had the practice to read the [[Shenayim Mikra]] from the Torah and since it was difficult to interrupt between each pasuk to read Targum (and then have to find the place again), they read the entire Parsha twice and then Targum. </ref>
#Some have the practice to read a little bit every day and complete it day [[Shabbat]]. <ref>Talmedei Rabbenu Yonah 4b s.v. LeOlam writes that some had the practice to read a little every day and complete it by [[Shabbat]]. This is brought as Halacha by the Aruch HaShulchan 285:1 </ref>
#One is allowed to read Shnayim Mikrah while seated. <ref>Pri Megadim (M”Z 690:1, Bikkurei Chaim 3:11 </ref>
#Some say that it’s Lechatchila to go like the first practice of reading it pasuk by pasuk<ref>S”A HaRav 285:3, Chazon Ovadya ([[Shabbat]] 1 pg 301-2), and Dvar Yom BeYomo (Cheshvan) write that Lechatchila one should follow the Arizal to read it pasuk by pasuk, however, there isn’t a lot of time one can follow the other methods. </ref>, and some say that there’s one can go like any of the above practices as one wishes <ref>Aruch HaShulchan 285:7 writes this regarding all three practices, while Mishna Brurah 285:2 writes this regarding the first two practices. </ref>
#One shouldn’t read Targum and then the pasuk twice and not the pasuk, the Targum and then the pasuk <ref>Mishna Brurah 285:6 says one shouldn’t say targum and then the pasuk twice. [[Seder]] Hayom (pg 21a) writes that one who reads [[Shenayim Mikra]] in this order doesn’t fulfill the obligation. </ref>
#Bedieved if one did the pasuk, Targum and then the pasuk again he fulfills his obligation. <ref>Kiseh Eliyahu 285:1, Kaf HaChaim 285:6 say one shouldn’t say the pasuk, targum, and then the pasuk. On the other hand, the Levush writes that one is allowed to fulfill one reading of mikra by listening to the Torah reading. The Lechem Chamudot (on Rosh [[Brachot]] 41) writes that it’s clear from the Levush that the order Bedieved was to read it once with the pesukim, once with the targum and then again with the pesukim. The Lechem Chamudot is brought as Halacha in Mishna Brurah (Shaare Tzion 285:10), Sh”t Tzitz Eliezer 16:18, Sh”t Beir Moshe 8:3, Sh”t Rivivot Efraim 5:216 all holding that it’s Bedieved. Nonetheless, Shulchan Lechem HaPanim (Vol 5 pg 139), Yesodei Yishurun (Erev [[Shabbat]]), Meon Bracha ([[Brachot]] 8b; in name of Tosfot [[Yom Tov]]) and perhaps Aruch HaShulchan 285:3. The practice of the Chazon Ish (Bekkurei Chaim pg 79 and Derech Sichah by Rav Chaim Kanievsky pg. 2) was to read the pasuk, targum, and then pasuk again because he felt that the targum helped him understand the pasuk better the second time. </ref>
#Some say that one is allowed to read the Shenayim Mikra during Torah reading even if one is reading a different section of the parsha than the Shliach Tzibbur. <ref>(a) The Shibolei HaLeket in name of his Rabbi, and Hagahot Maimon in name of the Maharam say that one shouldn’t read along with the Torah reading rather one should just listen. This is the opinion of the Magen Avraham 146:5 in name of the Shlah, Kitzur Shlah (pg 81b), Pri Chadash (quoted by Mishna Brurah 146:15), Eliyah Zuta (285:4 in name of Shaar Gedolim), Kaf HaChaim (285:31) in name of Mahara Tuvina, and Gra (Maaseh Rav). (b) On the other hand, the Mordechai ([[Brachot]] 19), Hagahot Ashurei ([[Brachot]] 1:7) in name of Or Zaruah (1:11), Smak 155, Hagahot Maimon ([[Tefillah]] 12:7) hold that one is allowed to read [[Shenayim Mikra]] while the tzibbur is reading the parsha. Accordingly, S”A 285:5 rules that one is allowed to read Shnayim Mikra during Torah reading even if one is reading a section of the parsha that the shaliach isn’t currently reading. The Eliyah Rabba says that one should follow this approach even lechatchila, while the rest of the achronim (including Maamer Mordechai 285:3 and Beiur Halacha 285 s.v. Yachol) argue that it’s only Bedieved or BeShaat HaDachak. (c) Mishna Brurah 285:14 suggests that one can be lenient to read along with the Shaliach Tzibbur word by word and fulfill one time of Mikra with this. The Levush 285:5 and Perisha 285:1 (explaining the Bet Yosef and Rambam) agree that this is a valid method. This is also the opinion of the Mateh Moshe (quoted by Magen Avraham 146:5) even lechatchila. Similarly, the Orchot Rabbenu (pg 123) in says that the minhag of the Stiepler was to read it once on Friday afternoon and once with the Bal Koreh. However, Sh”t Yechave Daat 2:37 and Shemirat [[Shabbat]] KeHilchata 42:51 writes that only if a person doesn’t have time one is allowed to read it word by word with the Shliach Tzibbur. </ref>
#All agree that one is allowed to read Shenayim Mikra between Aliyot. <ref>Mishna Brurah 285:14 writes that even the stringent opinions about reading the Shenayim along with the Bal Koreh, allow one to read [[Shenayim Mikra]] between Aliyot. Orchot Rabbenu (pg 123) writes the minhag of the Stiepler was to read it once on Friday afternoon, once with the Bal Koreh, and the Targum in between aliyot. </ref>
#Some say that one fulfills one’s obligation by listening the Torah reading however, others hold that one doesn’t fulfill his obligation even Bedieved. Therefore one shouldn’t only listen to the Bal Koreh rather one should read along word by word. <ref>The Magen Avraham 285:8, Chaye Adam 7:9, Shulchan Ha[[Shabbat]] 60, Shitilei Zaytim 285:10 write that Bedieved one fulfilled one’s obligation by simply listening to the Bal Koreh. However, the Bet Yosef (D”H Katuv BeHagot) and Rambam ([[Tefillah]] 13:25) hold that by listening one doesn’t fulfill his obligation. Therefore, S”A HaRav 285:8 writes that one should rely on this only BeShaat HaDachak. Instead of just listening one is allowed to read along word by word </ref>
#One is allowed to read the Shenayim Mikra along with the Shliach Tzibbur during Torah reading word by word and fulfill one’s obligation. Some say that this is Lechatchila, while others hold that this is only for Shat HaDachak. <ref>Perisha writes that by reading the parsha word by word with the Shliach Tzibbur one fulfills one time of reading the parsha. This is brought as Halacha in Aruch HaShulchan 285:3. </ref>
#Some say that one fulfills his obligation with listening to someone else read Shenayim Mikra. <ref>Shaarei Teshuva 285:6 quotes the Radvaz who says that listening to someone else read [[Shenayim Mikra]] fulfills the obligation if one had kavana for the words. </ref>
#Lechatchila, one should read a pasuk twice and it’s Targum but if one read the whole parsha then the Targum one has fulfilled his obligation.<ref>Chazon Ovadya ([[Shabbat]] 1 pg 301-2). Sefer Itim pg 244 says one should read it pasuk by pasuk. Leket yosher pg 54 says if one doesn’t have targum he can read the whole parsha twice and do targum when he finds Targum. Shelah writes that some read it pasuk by pasuk and some read the whole parsha twice and then the Targum and he prefers reading one paragraph at a time and then doing the Targum on that. So was the practice of the Gra (HaMaaseh Rav 60). However the Arizal (Shaare Kavanot 62a) would read it pasuk by pasuk. Magen Avraham 285:1, Maharam MeRutenberg (Pesakim VeMinahgim, Mehura HaRav Kahana pg 217), and Chida in Machzik Bracha 285:10 agree.</ref>
#One shouldn’t read Targum and then the pasuk twice and not the pasuk, the Targum and then the pasuk, however bedieved if one did the pasuk, Targum and the pasuk he fulfills his obligation.<ref>Mishna Brurah 285:6 says one shouldn’t say targum and then the pasuk twice. Kiseh Eliyahu 285:1, Kaf HaChaim 285:6 say one shouldn’t say the pasuk, targum, and then the pasuk. However bedieved one fulfills his requirement so holds Shaare Tzion 285:10, Sh”t Tzitz Eliezer 16:18, Sh”t Beir Moshe 8:3, and Sh”t Rivivot Efraim 5:216. </ref>
#One should read it with the tune of Torah reading <ref>Chida in Machazik Beracha 285:8, Yechave Daat 2:37, Kaf Hachaim 132:6 </ref> but Targum shouldn’t be read with a tune.<ref>Yechave Daat 2:37, Chida in Machazik Beracha 285:7 </ref> One fulfills his obligation bedieved if he read it without a tune<ref>Sh”t Torah Lishma 406, Kaf Hachaim 132:6, 285:12-13, in 285:4 he writes in name of [[Maggid]] Mesharim one should say it slowly and carefully. Sh”t Teshuvot Vehanhagot 2:204 says bedieved one fulfills his obligation.</ref>
#Someone who owns a Sefer Torah and knows how to read it with the tune and pronunciations should read it from a Sefer Torah. If one doesn’t know the correct way to read it well it’s preferable to read it from a Chumash that has Tamim and Nekudot.<ref>Chazon Ovadya ([[Shabbat]] 1 pg 302-3)</ref>
#If it's possible it's good not to interrupt when reading Shnayim Mikrah and a pious person should be strict about this. <ref>Mishna Brurah 285:6 writes if it's possible it's good not to interrupt when reading Shnayim Mikrah and a pious person should be strict about this. Kaf Hachaim 285:15 quotes this in the name of the Mekubalim and adds that if one is very thirsty one may interrupt to drink with a bracha before and after.
Kaf HaChaim Palagi 27:4 writes that in middle of Shnayim Mikrah one may not interrupt to talk even in Hebrew.</ref> Some allowed interrupting to answer a question. <ref>Rav Shlomo Zalman in Halichot Shlomo ([[Tefillah]], chap 12, note 105) would interrupt reading Shnayim Mikrah in order to answer a question because that entails the mitzvah of Chesed. He adds that Shnayim Mikrah isn't different than other Talmud Torah which may be interrupted in certain situations such as a passing mitzvah. </ref>
#One should repeat the last pasuk again after finishing the targum in order to end with mikra. <ref>Magen Avraham 285:1, Kitzur Shulchan Aruch 72:11, Aruch HaShulchan 285:6, [http://www.torah.org/advanced/weekly-halacha/5772/shemos.html Rabbi Nuestadt in Weekly Halachic Discussions] </ref> Some have the practice to repeat the last pasuk of the parsha twice without Targum (after having finished the whole parsha Shnayim Mikrah V'Echad Targum). <ref>Kaf Hachaim Palagi 27:3, Chida in Morah BeEtzba 4:131</ref>

==Earliest and latest time==

#One can begin to read the weekly Parsha once the congregation (Tzibbur) read the Parsha at [[Shabbat]] [[Mincha]]. <ref>Rama (Darchei Moshe 285:1) quotes a dispute between the Mordechai who says one can begin to read [[Shenayim Mikra]] from [[mincha]] of [[Shabbat]] when the congregation begins to read that parsha and the Kol Bo who argues that one can not read it then because earlier that day the congregation read the previous parsha. S”A 285:3 writes that one can start on Sunday. Shulchan Aruch Harav 285:5 and Kitzur Shulchan Aruch 72:11 agree. The Mishna Brurah 285:7 explains that the language of Shulchan Aruch is imprecise and really one is permitted to start once the Tzibbur began reading the Parsha at [[Shabbat]] [[Mincha]]. Shaar HaTziyun 285:12 notes that the opinion of the Kol Bo is a minority opinion. Kaf HaChaim 285:24 seems to agree. See Sh”t Yaskil Avdi O”C 5:39 and Sh”t Asse Lecha Rav 7:16. </ref>
#Some have the practice to do the [[Shenayim Mikrah]] on Friday afternoon. <ref>Kitzur S”A 72:11 writes that ideally one should read [[Shenayim Mikra]] on Friday afternoon. Orchot Rabbenu (pg 123) writes the minhag of the Stiepler was to read it once on Friday afternoon and once with the Bal Koreh. </ref>
#One should finish Shenayim Mikra V'Echad Targum by [[Shabbat]] lunch. <ref>Chayei Adam [[Shabbos]] 7:9, Shulchan Aruch HaRav 285:5, Aruch Hashulchan 285:8, Mishna Brurah 285:9 and Beiur Halacha "yashlim." The Shla quoted by the Magen Avraham 285:5-6 and the Arizal quoted by the Shaare Teshuva 285:1 say that one should finish by friday. </ref> If one didn’t complete it by lunch time one shouldn't delay lunch for Shnayim Mikrah rather one should finish it by [[Mincha]] of [[Shabbat]]. If one didn’t complete it by then one can fulfill it until Tuesday night. Some hold one can even complete it by that year’s Shemini Esret. <ref>S”A 285:4, Mishna Brurah 285:9. See Kaf Chaim Palagi 27:4, Ben Ish Chai Lech Lecha 14. There are many opinions as to what is meant by until [[mincha]].

*Rav Shlomo Zalman Auerbach (Halichot Shlomo, [[Tefilla]] 12:35) and Rav Chaim Kanievsky (quoted in Halichot Chaim v. 1, p. 95) say that one can recite it until he prays [[mincha]].
*Shmirat [[Shabbat]] Kihilchata (2:42:footnote 218) says you can say it until the time of [[mincha]] gedola.
*Rav Avraham Chaim Naeh (Ketzot Hashulchan 72: Badei Hashulchan 7) says you can recite it until [[mincha]] is recited in the shul.
*The Chazon Ish (cited in Orchos Rabbeinu 3: page 234) held that you should finish by the time you eat seudat shlishit.</ref>
#The Shenayim Mikra V'Echad Targum of Parshat Vezot Habracha should be read on [[Hoshana Rabba]]. However, if one read it on Shemini Esret one also fulfills the obligation. <ref>The Chida in Birkei Yosef 285:4, Ben Ish Chai (Vezot Habracha 1:15), and Mishna Brurah 285:18 write that while it's preferable to read the [[Shenayim Mikra]] of Vezot HaBracha on [[Hoshana Rabba]], it may also be read on [[Shemini Aseret]]. The Piskei Teshuvot 285:4 quotes the Sh"t Kaneh Beshem 1:16 who holds that if one read it prior to [[Hoshana Rabba]] one hasn't fulfilled his obligation. However, the Dvir Hakadosh (Siman 23:4, p. 124) argues that according to Tosfot one should be able to read it from the first time we read it on [[Shabbat]] [[mincha]]. </ref>
#Someone for whom it’s difficult to read it on Friday or [[Shabbat]] have those to rely to say it Friday night.<ref>Sh”t Yabia Omer O”C 6:30(5), Sh"t Yitzchak Yiranen 1:29. </ref>
#If one misses a week one should read the previous Parsha's Shenayim Mikra and then the current weeks Parsha. <ref>Sh”t Bear Moshe 5:79 writes that if one misses a week one should read the previous Parsha's [[Shenayim Mikra]] and then the current weeks Parsha. Rav Shlomo Zalman Halichot Shlomo ([[Tefillah]] 12:36), Ketzos haShulchan 72:9, Chazon Ovadyah ([[Shabbat]], vol 1, pg 314), and [http://www.dailyhalacha.com/displayRead.asp?readID=2057 Daily Halacha (by Rabbi Mansour)] agree. However, Sh”t Yitzchak Yiranen 1:32 says one can make up a parsha out of order. Halichot Shlomo ([[Tefillah]] 12:37) adds that if one did begin the current week's parsha before one finished the previous one, one may finish it.</ref>

==Links==

*Ten Minute Halacha on [http://www.yutorah.org/lectures/lecture.cfm/749358/rabbi-aryeh-lebowitz/ten-minute-halacha-shnayim-mikra/ Shnayim Mikra] by Rabbi Aryeh Lebowitz
*Article on [http://www.theyeshivaworld.com/news/headlines-breaking-stories/265848/halachic-analysis-shnayim-mikra-vechad-targum.html Shnayim Mikra V'Echad Targum] by Rabbi Yair Hoffman

==Sources==
<references />
[[Category:Shabbat]]
[[Category:Learning Torah]]

Items That Cannot Be Nullified

2019-11-04T22:42:31Z

RBarak: Very minor grammatical issue; numbers one through ten should be spelled out

==Complete Natural Items (Biryah)==

#If a whole item from a living being is mixed into a mixture it isn’t nullified even one in a thousand<ref>Chullin 100a says that the sciatic nerve isn’t nullified when in a mixture of other sinews because it a complete item. From here the rishonim extrapolate that all complete items are considered significant and not nullified. This is codified in the Rambam (Maachalot Asurot 16:6), Tur, and Shulchan Aruch YD 100:1.

*Rash (Mishna Trumot 10:8) writes that a complete living item is nullified with an amount 960 times greater than its volume of permitted ingredients. The Rashba (Torat HaBayit 14b) agrees. However, the Rosh (Chullin 7:37) and Ran (Chullin 32b) disagree and say that the mishna Chullin 96b compares the piece that is used to honor guest and a complete item from a living being and a piece that is used to honor guest isn’t nullified even one in a thousand. Shulchan Aruch YD 100:1 and Gra 100:5 rule that a complete item from a living being isn’t nullified even one in a thousand.</ref>, whether or not it is mixed with like or unlike ingredients.<ref>Torat Chatat 40:6 and Taz 101:12 in response to the Isur Veheter HaAruch 25:17</ref> For example, an ant, non-kosher bird, sciatic nerve, and a limb that was detached from a kosher animal are considered whole items and not nullified. <ref>Shulchan Aruch YD 100:1</ref>
#A item from a living being is only considered significant and not nullified if it meets 4 conditions:
##It comes from a living being.<ref>Gemara Macot 17a sites the opinion of the Rabbis who disagree with Rabbi Shimon that only a complete item from a living being is significant. The Ritva (Chullin 100a) and Taz 100:1 point out that the significance of a living being found in the area of Malkot, as is the subject of the discussion between Rabbi Shimon and the Rabbis, is applied on a rabbinic level to nullification. The idea that only a living item is significant for the halacha of biryah is mentioned by the Ran (chullin 36a s.v. garsinan). Therefore, Shulchan Aruch YD 100:1 writes that a kernel of wheat isn't a biryah.</ref>
##It is whole and not cut up.<ref>Ran (chullin 36a s.v. garsinan), Shulchan Aruch 100:1

*The Kaf HaChaim 100:19 qualifies that if a little bit of it is lost int he cooking process as is normal it retains the status of biryah.</ref>
##It is forbidden from its creation.<ref>Ran (chullin 36a s.v. garsinan), Shulchan Aruch 100:1</ref>
##If it were to be split up it would lose its unique name.<ref>Rosh (Chullin 7:33), Shulchan Aruch 100:1. All four of the above conditions are summarized by the Pri Megadim (S”D 100:3).</ref>
#If there is a halachic doubt if an item is a biryah, it can be nullified, however, if there is a doubt if an item is forbidden but certainly is considered a biryah the item isn't nullified.<ref>Isur Veheter HaAruch 25:7, Taz 100:1</ref>
#If a biryah fell into a mixture and was removed, the taste it imparted to the mixture can be nullified in 60. If the biryah is unrecognizable and can't be removed, the entire mixture is forbidden.<ref>Mishna Chullin 96b, Shulchan Aruch YD 100:2</ref>

===Bugs===

#If a bug or another biryah fell into a soup and was lost, the entire soup is forbidden.<ref>Rashba (responsa 1:101), Shulchan Aruch YD 100:3</ref>
#If a bug fell into a soup and were crushed up, as long as there was a majority of the soup in comparison to the bugs, the soup is permitted. Yet, as long as it is possible check the soup and strain it one must.<ref>Rashba (Torat Habayit 16b), Shulchan Aruch YD 104:3</ref>
#If three<ref>The Bach 100:3 writes that we should be strict to forbid the vegetables even if 2 bugs are found, however, the Taz 100:6 defends the Rashba who says it is only forbidden if 3 bugs are found. The Aruch HaShulchan 100:12 and Kaf HaChaim 100:34 agree with the Taz. </ref> bugs are found in cooked vegetables they are forbidden because there is a established concern of bugs in these vegetables and once they are cooked they can't be checked well. <ref>Rashba (responsa 1:113), Shulchan Aruch YD 100:4.

*The Rashba (responsa 1:113) draws upon sources from the gemara to say that clearly there is an obligation to check vegetables for bugs.
*For more sources about checking for bugs, see Aruch Hashulchan 103:11 and Igrot Moshe YD 4:2.</ref>

===Examples===

#An egg with a blood spot potentially is considered a biryah. <ref>The Bet Yosef 110:1 is unsure in understanding the Rambam where just an egg that has an unborn chick is considered a biryah or even an egg with a blood spot is considered a biryah. In the Bedek Habayit he concludes leniently that the egg with a blood spot isn't considered a biryah. The Shach 101:2 argues that it certainly isn't a biryah since it was never a living being. This seems to be the opinion of the Rashba [http://www.hebrewbooks.org/pdfpager.aspx?req=9381&st=&pgnum=209 (Torat Habayit Hakatzar 8a)]. See further in the Bet Yosef 86 and Rambam (Maachalot Asurot 15:19) who implies it is a biryah.</ref>
#A limb of a non-kosher animal or insect<ref>Pri Chadash 100:7, Chavot Daat 100:2, Kaf HaChaim 100:6</ref>, an animal that died without proper shechita, and an animal who had a Teriefah defect are considered biryah.<ref>Shulchan Aruch YD 100:1, Shach 100:4, Kaf HaChaim 100:12</ref>
#A limb of a kosher animal that was detached when it was alive is considered a biryah and isn't nullified. <ref>Rosh (Chullin 7:33), Isur Veheter 25:2, Shulchan Aruch YD 100:1</ref>
#The forbidden fats of an animal aren't considered a biryah and can be nullified. <ref>The Shach 100:5 explains that since cut up fat is also called fat it isn't considered a biryah based on the fourth condition of biryah above. The Ran (Chullin 36a s.v. garsinan) explains that the forbidden fats aren't considered a biryah since they are dispersed and not one unit. Kaf Hachaim 100:16 quotes both explanations.</ref>

==Important Foods used to Honor Guests==

#An important piece of forbidden food, whether it is forbidden in benefit or not<ref>Even though the Rif (Avoda Zara 35b) seems to hold that only items that are forbidden in benefit have this particular halacha that an important piece can't be nullified, the majority of the poskim have disagreed with the Rif as the Bet Yosef 101:1 writes. The Tosfot (Avoda Zara 74a s.v. lemeutei) and Rambam (Maachalot Asurot 16:5) disagree with the Rif</ref>, that can be used to honor an important guest<ref>Kaf HaChaim 101:1 and Aruch Hashulchan 101:1 write that the food needs to be important enough that it would be used to honor an important guest.</ref> isn't nullified even one in a thousand.<ref>Shulchan Aruch YD 101:1</ref>
#If there is a halachic doubt if an item is an important piece it can be nullified, however, if there is a doubt if an item is forbidden but certainly is considered an important piece the item isn't nullified.<ref>Isur Veheter HaAruch 25:7, Rama 101:1, Taz 100:1</ref>
#If a piece of food that's important falls into a mixture and is removed, the taste it imparted into the mixture is nullified in 60.<ref>Kaf HaChaim 101:3</ref>
#If a food isn't currently ready to be served to guests but potentially could be made into a piece that is significant for guests, according to some rishonim<ref>Rosh (Chullin 7:36)</ref> that is considered significant and isn't nullified, while according to others it is nullified if it isn't currently ready to be served.<ref>Rashba (Torat Habayit 13b)</ref> Ashkenazim hold that if it is almost ready to be served it is already important and can't be nullified, however, if there is a major activity to still do, such as removing the feathers from a chicken, it can be nullified. Sephardim hold that if the piece is too big or too small or is unfeathered it can be nullified, however, if it is just raw, where there's no minhag one should be strict and assume that it can't be nullified.<ref>Shulchan Aruch YD 101:3 holds as long as the piece isn't the right size, unfeathered, and cooked it can be nullified. Rama YD 101:3, however, that as long the chicken was feathered it can't be nullified. Kaf HaChaim 101:27 advises being strict about an uncooked piece but notes that the minhag of Yerushalayim was to be lenient and they have what to rely upon.</ref>
#It is only considered an important piece that can't be nullified if it is forbidden in it of itself such as nevelah or a combination of meat and milk but not if it just absorbed the taste of a forbidden food.<ref>Shulchan Aruch YD 101:2</ref>
#If an important piece is cut or crushed up so that it lost its original form it no longer retains its significant status and can be nullified. That is only if it was cut or crushed unintentionally.<ref>Shulchan Aruch YD 101:6</ref>
#If an important piece fell into a mixture and one piece was cut, that piece is permitted but the rest of the mixture is forbidden. <ref>Rosh (Chullin 7:35), Shulchan Aruch 101:7</ref>

==Items which will become Permitted==

#An item which is either inevitably going to become permitted after some time or it is possible to for you fix it, isn't nullified.<ref>Rashba [http://www.hebrewbooks.org/pdfpager.aspx?req=9381&st=&pgnum=218 (Torat Habayit 12b)], Tur and Shulchan Aruch 102:2. Shach 102:7 writes that everyone agrees to this definition and proves it from the Gemara Beitzah 3b. Shach 102:8 cites the Maharshal who argues that someone which can be fixed but won't become permitted on its own isn't considered an item which will become permitted. The Shach proceeds to reject on the Maharshal because of the case of [[neder]].</ref>
#If a food will get completely<ref>Kaf HaChaim 101:19</ref> ruined before you can wait for it to become permitted, it isn't considered an item which will become permitted and can be nullified.<ref>Gemara Beitzah 4b, Rashba (Beitzah 4a s.v. Ha Deamrinan), Shulchan Aruch 102:4</ref> However, if it'll just cool down, it can't be nullified.<ref>Kaf HaChaim 102:21</ref>
#An item which will become permitted isn't nullified even if it isn't whole.<ref>Shulchan Aruch YD 102:1</ref>
#There is a major dispute if the absorbed taste from an item which will become permitted can be nullified. <ref>The Rama 102:4 holds that the taste of an item that will become permitted can be nullified, even if the actual forbidden item was dissolved into the permitted food. The Rama is based on the Isur Veheter 25:17 and 25:19, yet see Shach 102:9 who disputes this interpretation of the Isur Veheter. Hagahot Ashri (Avoda Zara 5:29) is explicitly of this opinion. The Taz 102:9 argues that only taste from a forbidden item that will become permitted can be nullified, but not if the actual item dissolved into the permitted food. The Shach 102:9 holds that all taste from an item that will become permitted cannot be nullified. Kaf HaChaim 102:24 cites the Chaye Adam 53:21 who is strict unless there is a great need. Regarding the actual item being dissolved, the Shach 102:10 argues that it certainly can't be nullified and Kaf Hachaim 102:25 writes that all of the achronim agree with the Shach.</ref>
#An egg born on Yom Tov is something which will become permitted after time. Nonetheless, it is permitted to buy (without specifying the price or amount<ref>Shulchan Aruch OC 323:4</ref>) an egg on the first night of Yom Tov (which doesn't fall out after a Shabbat) since majority of eggs are born by day.<ref>Rosh Beitzah 1:9 writes that since majority of eggs are from a hen and chicken and could only be born by day one can buy an egg on the night of Yom Tov or the second day of Yom Tov sheni. This is similar to Tosfot Beitzah 7b s.v ki and Ran (on Rif Beitzah 4a s.v. vedavka). The Maharshal (Yam Shel Shlomo Beitzah 1:20) explains that really you need two independent majorities to be lenient; first that rov eggs are from a hen and chicken and could only be born by day and second, that rov eggs that were from the heat of the ground are still born by day. He draws support from the Tur 513 and disagrees with the Ran's explanation that even a single majority is sufficient. Bet Yosef 513:6 writes the the Ran's generalization that one majority is enough to permit a derabbanan even if it is a dvar sheyesh lo matirin is disputed by many rishonim.</ref>
#If there's a doubt if something is muktzeh on Yom Tov sheni it is permitted. <ref>The Ran (Beitzah 13a s.v. gemara ein halacha) writes that it is permitted to use something that there's a doubt if it is muktzeh on Yom Tov sheni since it is a safek safeka. Shulchan Aruch 497:4 codifies the Ran. Shach YD 110:56 discusses if the Rama who agree and he concludes that he would. </ref>

===Examples===

#Something that is forbidden to a person because of a vow is considered an item that will become permitted since one could or should nullify one's vow by annulment.<ref>Gemara Nedarim 59a, Isur Veheter HaAruch 25:4, Shulchan Aruch YD 216:9, Rama 102:4. The Kaf HaChaim 101:29 discusses whether this is true only for a neder where there is a mitzvah to annul it or even for a specific vow and concludes that for a great need one can be lenient on a shevuah.</ref>
#An egg born on Shabbat or Yom Tov is considered an item that will become permitted since it is permitted after Shabbat or Yom Tov.<ref>Gemara Beitzah 3b, Isur VeHeter HaAruch 25:4, Tur and Shulchan Aruch YD 102:1</ref> The same is true of all [[muktzeh]].<ref>Isur VeHeter HaAruch 25:4</ref>
#Some say that Chametz on Erev Pesach which is going to be permitted after Pesach, but will become forbidden next Pesach, isn't considered an item that will become permitted. Some argue and Sephardim are strict.<ref>Kaf Hachaim 102:32 cites the Erech Hashulchan who is strict because of the opinion of the Rambam. </ref>Chametz on Pesach isn't nullified. <ref>Shulchan Aruch OC 447</ref>
#Chadash is an example of something that will become permitted and as such there's no nullification.<ref>Gemara Nedarim 58a, Rosh (responsa 20:1), Shach 110:56. See, however, the Chidushei Anshei Shem (Beitzah no. 1) who explains that the Mordechai holds that Chadash isn't a dvar sheyesh lo matirin.</ref>

==Sources==
<references />