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Listening to Music

2025-04-29T12:39:41Z

Yaabim: Added the words "some say" to checking with a rabbi before listening to music, because this could put off people from judging if they are at high risk of depression

[[Image:Music.png|right|200px]]
Is there a rabbinic prohibition of listening to music in commemoration of the destruction of the temple, and, if so, how does it apply?
==Background==
===Source===
* The Gemara in Gittin 7a states that after the Churban Bayit, Mar Ukva forbade singing, playing, and listening to music. That applies whether the music comes from people singing or whether it comes from musical instruments. The Mishna in Sotah 48a also says that after the dissolution of the Sanhedrin, singing songs became forbidden at parties.
===Dispute of the Rishonim===
# Rashi (Gittin 7a s.v. Zimra) and Tosfot (Gittin 7a s.v. Zimra) understand that the prohibition of Mar Ukva only includes music at feasts or parties as in the Mishna above. Tosfot adds that one should be strict to cases similar to that of the Yerushalmi ([[Megillah]] 5:3) of a person who goes to sleep and wakes up to music. Many Rishonim including: the Smag ([[Tisha BeAv]] pg 123b), Chiddushei HaRan (Gittin 7a), Tosfot HaRosh (Gittin 7a), Hagahot Mordechai (beginning of Gittin), and Meiri (pg 20) agree with Rashi and Tosfot.
# On the other hand, the Rambam (Taniot 5:14) writes that it’s forbidden to play musical instruments in any case, and singing is only forbidden at a feast with wine. Tur 560:3 quotes the Sh”t HaRambam 370 who forbids listening to music whether it comes through instruments or people singing and whether it’s at a feast or not.
'''Understanding behind the dispute'''
# Rabbi Aharon Kahn (RJJ journal #14 (pg 7-48)) suggests that the Rambam understood the prohibition as a way of refraining from joy after the destruction of the temple. This is clear from the language of the Rambam. [This is also reflected in the placement of this Halacha by the Rambam in Hilchot Taniot and Tur and S”A in the Siman of Zecher LeMikdash.] However, Tosfot (see Meiri (Gittin 7a)) understood that the prohibition was enacted because of vulgar songs and ths is was only applicable after the Sanhedrin lost it’s authority because it was then that people lost respect for the rabbis, and began to sing improper songs at weddings.
===Halachic discussion===
# Shulchan Aruch 560:3 rules like the Rambam in Yad Chazakah (Taniot 5:14). Rama 560:3 brings the opinion of Tosfot as the Halacha (the prohibition of music is limited to a party or feast with wine.) Additionally, it applies to someone who regularly listens to music when going to sleep and [[waking up]] as is the practice of kings.
# The Bach 560:3 holds that all music is forbidden whether it’s sung by people, played on instruments, is at a feast or isn't at a feast as the Sh”t HaRambam (see above) holds. Furthermore, the Bach explains that this is also what the Rambam meant in his Yad Chazakah. This stringent opinion is brought as halacha by some achronim including: Magen Avraham 560:8, Shlah (Tanit pg 60d), Bear Sheva (Sotah 49a), Mishna Brurah 560:13, and Sh”t Az Nidabru 8:58(1). Sh”t Igrot Moshe 1:166 writes that a righteous individual should be strict for the Bach, and Sh”t Az Nidbaru 8:58(1) holds that the minhag to rely on the Rama is a weak minhag.
# Some Achronim side with the Rama, such as: Rabbi Moshe Karp (Hilchot Uminhagei Ben HaMesarim pg 24), and Sh”t Tzitz Eliezer (15:33) (who says that the minhag shouldn’t be questioned). [The Sh”t Sheilat Shlomo (7:59-60) mentions that even though many Achronim follow the Bach, the Mishna Brurah doesn’t bring up any objections against the Rama, so one can surely rely on the Rama. However, this is difficult to understand because the Mishna Brurah 560:13 (also Bear Hetiev 560:6) quotes the objection of the Bach in reference to the Rama.]
# The Sh”t Igrot Moshe 1:166 sides with the Shulchan Aruch and the Rambam in Yad Chazakah that forbid musical instruments in any case. He adds that a Baal Nefesh (one who cares for his soul) should preferably be strict in accordance with the Bach. However, in 3:87 he says not to protest against one who is lenient like the Rama.

===Specific cases===
'''Religious music'''
# Rambam (Taniot 5:14) adds that the minhag is to be lenient about listening to songs that include praise to Hashem. This leniency is based on the Rif ([[Brachot]] 21b, fifth perek) in the name of Rav Hai Gaon who writes that whereas singing songs of romance is forbidden, songs praising Hashem are permitted, even at parties. This is brought down by: Rosh ([[Brachot]] 5:1), Ramban (Hilchot Avel Yishana pg 89a), Sefer HaEshkol (1 pg 23), Sefer HaMeorot ([[Brachot]] 31a), Ravyah ([[Brachot]] [[Siman 91]]), Chiddushei HaRan (Gittin 7a), Ritva (Gittin 7a), Rabbenu Yerucham (pg 186c), Kaftor VePerach (6 pg 110), and Orchot Chaim (Hilchot [[Tisha BeAv]] 14).See Ish Matzliach's comment on Mishna Brurah holds like the Orchot Chaim.
# The Meiri (Gittin 7a) and Otzer Geonim (Gittin 7a Siman 18) both permit songs of praise with musical instruments. However, the Orchot Chaim ([[Tisha BeAv]] 14) limits the leniency of songs of praise to people singing without musical instruments. Most Achronim hold like the Meiri including: the Maharikash (560e), Tzafnat Paneach (Devarim pg 156c), Sh”t Shoel VeNishal (O”C 6:45), Shemen HaMishcha (Tanit 560), Sh”t Sharei Tzion HaCohen (O”C 38), and Chazon Ovadyah (Arba Taniot pg 434).
# Even songs of Torah and thanks to Hashem must be sung with the proper attitude and seriousness. Similarly, the Magen Avraham 560:10 writes that the Torah weeps before Hashem when Jews make a mockery of it by singing its verses. See Piskei Teshuvot and Ish Matzliach on Mishna Brurah who write that the Magen Avraham only forbids one who doesn’t have pure intent.
'''Classical music'''
# Halichot Shlomo (pg 412) quotes Rav Shlomo Zalman who permits listening to music that doesn’t lead to (or accompany) dancing (whether it’s sung or played by an instrument). For example, classical music would fall into this category. It’s proper not to listen to such music during the three weeks as a sign of [[mourning]]. Similarly, Rabbi Shlomo Dechovsky (Techumin, Vol 21 pg 67) quotes Rav Moshe Feinstein as permitting listening to classical music as one works because it’s unrelated to dancing (the primary prohibition of simcha is dancing, as in Magen Avraham 551:10). Others including: Rabbi Yosef B. Soloveitchik (quoted in RJJ Journal vol 14 pg 34) and Aseh Lecha Rav (3 pg 16) agree. Lastly, Peninei Halacha (pg 145) permits songs that don’t lead to or involve simcha and, all the more so, sad songs. [Sh”t Shelat Shlomo 7:60 says that classical music should depend on the dispute between Rashi and Rambam.]
'''Weddings'''
# Tosfot (Gittin 7a s.v. Zimra) writes that for a Tzorech Mitzvah, such as to make the Chatan and Kallah happy, one may certainly play songs with musical instruments. This is brought by many rishonim including: Meiri, Chiddushei HaRan, Tosfot HaRosh, Smag, Hagahot Mordechai, Hagahot Maimon (Taniot 5). The Rama 560:3 also brings this down. This is brought down for Sephardim as well in Sh”t Yachave Daat 1:45. Sh”t Igrot Moshe O”C 168 permits all types of festivities of mitzvah and says that perhaps even a tzadeka banquet can be included. Similarly, Sh”t Yachave Daat 1:45 includes: a [[Brit Milah]], a [[Pidyon HaBen]], a Siyum, a [[Purim]] Seuda, and [[Chol HaMoed]] Dancing.
'''Weddings in Yerushalayim'''
# There is an old gezerah that the rabbis of the second half of the nineteenth century established, declaring that there should be no music from musical instruments played at weddings in Yerushalayim. Rav Elyashiv in Bet Chatanim (pg 160) says that the gezerah was restricted to the Old City, while the Torat Chesed held that it applies even outside the Old City. See RJJ journal #14 pg 23, Shalmat Chayyim 1:77, 4:34, 5:40, Sh”t Shevet HaLevi 6:69 and Sh”t Tzitz Eliezer 15:33.
'''Listening to the radio'''
# According to Sh”t Igrot Moshe 1:166 and Sh”t Tzitz Eliezer 15:33:2, listening to music through a radio or tape-recorder is considered by most to be the same as listening to the music live. The same goes for recorded music of instruments. ***However, Sh”t Chelkat Yacov 62:2 (also quoted by Sh”t Yachave Daat 1:45, 6:34) argues that since the music comes from an instrument that didn’t exist in the time of Chazal, it should not be considered forbidden under the gezera of Chazal***(check citation for clarification) However, Sh”t Az Nidabru 8:58 and Sh”t Shevet HaLevi 8:127 argue that recorded music is always considered music from musical instruments even if it was recorded from people singing. He explains that it emanates from an instrument and produces an artificial sound. [See Shalmei Moed who quotes Rav Elyashiv as agreeing with the Igrot Moshe.]
'''Sefirah and three weeks'''
# Many Achronim (Aruch HaShulchan 493:2, Sh”t Igrot Moshe 1:166, 5:87. 6:21:4, Sh”t Yacheve Daat 6:34, Sh”t Kapei Aharon Epstein 52, Yalkut Yosef Moadim pg 434, Maamer Mordechai of Rav Mordechai Eliyahu [[Sefirat HaOmer]] #40 and Torat HaMoadim 5:2) write that even those who are lenient to listen to music during the rest of the year should refrain from listening during the Sefirah and three weeks. The Igrot Moshe 1:166 and Sh”t Yechave Daat 6:34 hold that only instrumental music is forbidden during the Sefira, while Sh”t Shevet HaLevi 8:127, and Sh”t Tzitz Eliezer 15:33 forbid even recorded vocal music.

==Halachot==
# According to Ashkenazim, some say that it is permitted to listen to music year-round except at a feast with wine.<ref>
* The Gemara in Gittin 7a learns from Pesukim in Nach that it is forbidden to sing songs or play musical instruments. Tosfot (Gittin 7a s.v. Zimra) understand that the prohibition includes only music at feasts of wine, as in the Mishna Sotah 48a. Tosfot add that one should be strict in cases similar to that of the Yerushalmi of a person who goes to sleep and wakes up to music. The Rambam (Taaniyot 5:14), by contrast, writes that it’s forbidden to play musical instruments in all cases, and mere singing is forbidden only at a feast with wine. Strangely, the Rambam in his responsa (# 224) seems to forbid listening to music whether it comes through instruments or people singing and whether it’s at a feast or not.
* Shulchan Aruch 560:3 rules like the Rambam in Yad Chazakah. The Rama 560:3, though, quotes the opinion of Tosfot as normative, while the Bach 560 holds like the Sh”t HaRambam. Many acharonim, including the Magen Avraham 560:9, Mishna Brurah 560:13, Kaf HaChaim 560:26, and Sh”t Az Nidbaru 8:58 cite the Bach and seem to hold like him. Kitzur S”A 126:3 clearly holds like the Bach. Sh”t Igrot Moshe 1:166 rules like S”A but adds that a righteous individual should be strict for the Bach.
* On the other hand, Sh”t Tzitz Eliezer 15:33, Rav Belsky in Shulchan HaLevi 16:2, Hilchot Chag BeChag (p. 24), and Sh”t Sheilat Shlomo 7:59 accept the position of the Rama. </ref> According to Sephardim, however, many hold that it is forbidden to listen to musical instruments anytime, and even vocal songs are prohibited at a feast with wine. Nonetheless, many Sephardim are lenient to listen to recorded music or music over the radio. <Ref>* According to Sh”t Igrot Moshe 1:166 and Sh”t Tzitz Eliezer 15:33:2, listening to music through a radio or tape-recorder is considered to be the same as listening to the music live. Sh”t Chelkat Yaakov 64:2 argues that since the music comes from an instrument that didn’t exist in the time of Chazal, it should not be forbidden under Chazal’s prohibition. On the other extreme, Sh”t Az Nidabru 8:58:3 and Sh”t Sheivet HaLevi 2:57 hold that recorded music is always considered music from musical instruments, even if it was recorded as “a capella”, because it emanates from an instrument (i.e. the music player).
* Rav Ovadyah in Sh”t Yechave Daat 1:45 rules like the S”A. He is lenient, though, to listen to recorded music of holy content, based on the Chelkat Yaakov. Rav Chaim Dovid HaLevi (Aseh Lecha Rav vol 3 p. 16) seems to agree. Or Letzion (vol 3 30:3) even writes that although it’s proper to follow the S”A, the Sephardic minhag is lenient like the Rama. </ref>
# Many authorities hold that classical music is not included in this prohibition. <Ref> Rabbi Chaim Jachter (Gray Matter vol 3 p. 5) quotes Rav Soloveitchik as saying that classical music was not included in the prohibition of Chazal altogether. Sheilat Shlomo 7:60 agrees. Similarly, Rav Shlomo Zalman (Halichot Shlomo 11:14 and 14:3) permits listening to music that does not lead to dancing, even if it contains musical instruments, even during the three weeks and sefirat ha’omer. He adds, though, that for the three weeks, it is proper to be strict. See also Rabbi Dichovsky’s essay (Techumin Vol 21 p. 67) where he quotes Rav Moshe Feinstein as permitting listening to background music as one works, learns, or drives during the three weeks because such music is unrelated to dancing. </ref>
# Listening to music to prevent depression is permissible but this leniency should be used restrictively and some say preferably only after consulting a local Rabbi. <Ref> Sh”t Shevet HaLevi 6:69 permits listening to music so as to prevent a person from becoming depressed. Sh”t Maharshag 2:155, Chelkat Yaakov 1:62, Sh”t Mishna Halachot 6:106, and Sh”t Az Nidabru 5:58:2 also permit music to prevent depression, however, Sh”t Az Nidabru warns not to use this leniency too loosely because it could lead to uprooting the entire Halacha of listening to music; therefore, a person should ask a local Rabbi about their situation. </ref>
# It is permitted to listen to music while driving late at night to prevent one from falling asleep. <Ref>Kovetz Hilchot Leyemeh Ben Hametsarim (pg 95) writes that one can listen to vocal music while driving to prevent falling asleep and Nechmat Yisrael (pg 34 note 30) says that seemingly even musical instruments should be permitted. </ref>
# A person should refrain from [[waking up]] everyday to music (even if that’s the alarm). However, if that’s the only way that a person wakes up, there is what to be rely on. <Ref> For background on the issue, see above notes.
* Gemara Gittin 7a states that after the Churban Bayit, Mar Ukva forbad singing, playing, or listening to music whether the music comes from people singing or if it comes from musical instruments. Tosfot Gittin 7a limits this to music at a party/feast and music played for kings who go to sleep and wake up to music. Tosfot explains that it’s forbidden because they have an aspect of added pleasure from music. Rama 560:3 brings this Tosfot as Halacha. Even if the music is a recording it still the status of played music (see above from Sh”t Igrot Moshe 1:166, Sh”t Tzitz Eliezer 15:33:2).
* Halichot Shlomo (Tefilah 13:18) in name of Rav Shlomo Zalman and Torat HaYeshiva 1:7 rule that yeshiva students who wake up to music is included in the prohibition of chazal. See Kuntres Halichot VeHanhagot in name of Rav Eliyashiv.
* Reasons to be lenient: (a) However, Torat HaYeshivot 1:7 says that a person won’t get up with another way, one can be lenient because one’s intention isn’t in order to get pleasure but rather to facilitate [[waking up]]. Torat HaYeshivot also quotes Rav Chaim Kanievsky in Shilhei DeKaytah who agrees. This leniency is similar to the leniency of classical music (see above).
* (b) Additionally, Torah HaYeshivot argues that perhaps the prohibition only applies if one goes to sleep and wakes up but [[waking up]] alone might not be an issue. [The Pri Megadim says that one should protest against those who eat a meal everyday next to those who play music. Mishna Brurah 560:12 brings this as Halacha. It’s very clear from the language of the Pri Megadim and Mishna Brurah are discussing is that of having music of a feast, but regarding having music regularly isn’t an issue. This is even more explicit in the Shaar HaTziyun 560:23 who says that one shouldn’t protest since they have the Hagahot Mordechai to rely on who says that a music at a meal only an issue of a meal of only wine or wine before eating, however drink together with a meal isn’t an issue. Accordingly, it seems that the Mishna Brurah holds that listening to music daily at midday isn’t forbidden unless there’s an issue of a feast. Similarly, the Sh”t Shevet HaLevi 6:69 writes that those who listen to music on the radio morning, at a meal, and night are definitely violating an isser, implying that regularly listening music means multiple times a day. However, Sh”t Az Nidabru 8:58:4 writes that to him it seems that listening everyday at lunch is considered listening to music regularly like the listening of the kings, nonetheless, regarding protesting others who should be lenient (like the Mishna Brurah). Sh”t Az Nidabru concludes that this issue of listening regularly depends on the minhag. Accordingly, someone who just wakes up to music has what to rely on in that it’s that it’s not called listening regularly.] </ref>
# If the singer of a recorded song is a wicked person it is forbidden to listen to his music. <Ref> Sh”t Mishna Halachot 6:108. See also [http://www.chabad.org/library/article_cdo/aid/568482/jewish/Is-there-any-issue-with-listening-to-non-Jewish-music.htm Chabad.org]. </ref>
# If a certain musician was religious and then rejected religion, some poskim hold that it is forbidden to listen to his music that he produced when he was religious unless the musician’s name is removed from that music and it’s not recognizable that it’s from that singer,<Ref> Sh”t Mishna Halachot 6:108 </ref> while other poskim hold that it is permitted to listen to their music they produced before they became not religious, and even to listen to their music they produced afterwards is permitted but a ben torah should be strict. Additionally, this only applies to someone who became a real kofer and not someone who did sins for pleasure.<ref>Igrot Moshe EH 1:96</ref>

==Three Weeks==
{{Listening to Music during the Three Weeks}}
==Sefira==
{{Listening to Music during Sefira}}
==Chol HaMoed==
# The minhag is to be lenient regarding playing and listening to music during [[Chol HaMoed]] for simchat HaChag. <Ref>Sh”t Mishna Halachot 8:188 leaves it in a tzarich iyun. Az nidabru 10 :23:2 says it’s clearly permissible as does Sh”T Yachave Daat 1:45. </ref>
==Wedding and Sheva Brachot==
# One is allowed to play and listen to music at a wedding. <Ref> Tosfot (Gittin 7a s.v. Zimra) writes that for a Tzorech Mitzvah such as to make the Chatan and Kallah happy, one may lechatchila play songs with musical instruments. This is brought by many rishonim including Meiri, Chiddushei HaRan, Tosfot HaRosh, Smag, Hagahot Mordechai, Hagahot Maimon (Taniot 5) and ruled into Halacha by Rama 560:3, and even Sephardic achronim including Sh”t Yachave Daat 1:45. </ref>
# Some permit playing music at a [[Sheva Brachot]] meal during the three weeks, while some forbid. <Ref> Torat HaMoadim 5:4 writes that a simcha of [[Sheva Brachot]] would permit music during the three weeks. (It seems that Sh”t Igrot Moshe 166 and Sh”t Yechave Daat 1:45 would agree.) However, Rav Vosner in Sh”t Shevet HaLevi 3:157 writes explicitly that for a simcha of [[Sheva Brachot]] music and dancing are forbidden. </ref>

==Links==
* [http://www.koltorah.org/ravj/13-32%20Jewish%20Perspectives%20on%20Music.htm Rabbi Chaim Jachter]
* [http://www.yeshiva.org.il/midrash/Shiur.asp?id=2262 Rabbi Eliezer Melamed]
* [https://docs.google.com/viewer?url=http://download.yutorah.org/1987/1053/735711.pdf&pli=1 Rabbi Aharon Kahn]
* [http://www.yutorah.org/lectures/lecture.cfm/734247/Rabbi_Baruch_Simon/79_-_Zimrah_B'Zman_Ha'zeh_-_Listening_to_Music_Nowadays_(Part_1) Rabbi Baruch Simon]
* [http://www.yutorah.org/lectures/lecture.cfm/735746/Rabbi_Aryeh_Lebowitz/Music_During_Sefira Rabbi Aryeh Lebowitz]
* [http://www.yutorah.org/lectures/lecture.cfm/735987/Rabbi_Zvi_Sobolofsky/_Halachot_of_the__Three_Weeks__(Shaving,_Music,_and_Parties)_-_Part_1 Rabbi Sobolofsky]

==Sources==
<references/>

Talk:Shabbat Candles

2025-04-18T11:01:09Z

Yaabim: /* Obligation of a Guest */ new section

== Obligation of a Guest ==

The section "Obligation of a Guest" is a bit hard to follow, and it doesn't seem to have early sources. [[User:Yaabim|Yaabim]] ([[User talk:Yaabim|talk]])

Talk:Bishul Akum

2025-02-24T13:13:17Z

Yaabim: /* Canned Food */ new section

== Canned Food ==

"The custom seems to treat canned goods as a concern of bishul akum" - I understand that there are different views on this, and some kashrut agencies are strict about it while others are not. Additionally, it seems easier to justify being lenient on this than being strict, when we think about what is served at a royal table. Perhaps the wording could be adjusted to reflect this? I'm not sure exactly how it should be worded though. Thanks -- [[User:Yaabim|Yaabim]] ([[User talk:Yaabim|talk]]) 13:13, 24 February 2025 (UTC)

Bishul Akum

2025-02-24T13:04:58Z

Yaabim: /* Fried Foods */ donuts in english, not just sufganiyot

[[File:Mashgiach.png|thumb|From https://www.ekollel.com/what-is-mashgiach/ (reproduced with permission)]]
Bishul Akum (Hebrew: בשול עכו"ם, tran. ''cooking of a non-Jew'') is a rabbinic restriction that forbids a Jew from eating many foods that a non-Jew cooked. The reason for the restriction is to prevent intermarriage and to avoid eating non-kosher ingredients that may have been mixed in. There are many leniencies that relate to the quality of the food as well as the significance of the cooking for the particular food in question. Additionally, if a Jew is partially involved in the cooking process, this can alleviate the issue of ''bishul akum''. This is a key reason for the need to have a hashgacha on many foods even though all of the ingredients are kosher.

==The Restriction==

#The rabbis<ref>This gezeirah is d’rabanan in nature (Meseches Avodah Zarah 38b, Yerushalmi Meseches Avodah Zarah 2:8, Ran Meseches Avodah Zarah page 28 “rebbe,” Rosh Meseches Chullin 3:61, Issur V’heter 43:1, Rambam Hilchos Machalas Asuros 17:9, Shulchan Aruch Y.D. 113:16, Aruch Hashulchan 113:1, Sdei Chemed mareches bais page 133:69, see Teshuvos V’hanhagos 3:247 who seems to say there is a semach to a d’oraisa and therefore one should be very careful with these halachos). Refer to Kav Hayosher 75:5. </ref> enacted a decree forbidding food that was cooked by a non-Jew, even if the food is totally made from Kosher ingredients.<ref>Meseches Avodah Zarah 35b.</ref> However, it is permitted to derive benefit from food cooked by a non-Jew.<ref>Meseches Avodah Zarah 38b. </ref>

===Reasons===

#There are a number of reasons for this restriction. Some early commentators<ref>Rashi (Beitzah 16a s.v. ein and Avodah Zarah 35b s.v. v’hashlakos) and Tosfot (Avoda Zara 38a). Refer to Rambam Hilchos Machalas Asuros 17:15, Tur Y.D. 113, Ramban Meseches Avodah Zarah 35b.</ref> explain that the rabbis wanted to prevent socializing with non-Jews, which might lead to intermarriage<ref>Devarim 7:3. </ref><ref>Rambam Hilchos Machalas Asuros 17:15, Issur V’heter 43:1, Tur Y.D. 112. Refer to Pardes Yosef Vayeichi 49:page 838 (new). The issur applies even if one may not come to intermarriage (Refer to Rashba 1:248, Ramban Meseches Avodah Zarah 35b, Levush Y.D. 113:1, Shevet Hakehasi 6:273). This halacha even applies to non-Jews who aren't idolaters. (See Pri Tohar 112:3, Matei Yehonosson 112, Rav Poalim Y.D. 4:17, Yechaveh Daas 5:54, see Rav Poalim Y.D. 4:17, Shema Shlomo Y.D. 2:67, Shulchan Melachim pages 194-198). Regarding whether an issue of bishul akum exists if there will be animosity, see Taz Y.D. 152:1, Shach on Taz Y.D. 152:1, Chavos Yuer 66, Shulchan Melachim pages 189-194 in depth. </ref>. Others<ref>Rashi a"z 38a s.v. m’d’rabanan.” Refer to Tur 113, Ha’go’es Ashri Meseches Avodah Zarah 2:28, Levush 113:1, Chochmas Adom 66:1. </ref> think that the motivation for this restriction is that we are concerned that if the Jew often eats the non-Jew's food, the non-Jew might later serve a non-kosher food item to the Jew.<ref>Refer to Bishul Yisroel page 3:footnote 1 on the two views of Rashi. </ref> Most rabbis agree with the first reason.<ref>Rambam Hilchos Machalas Asuros 17:9, 15, Tosfas Meseches Avodah Zarah 38a “ela”, Issur V’heter 43:1, Tosfas Harid Meseches Avodah Zarah 35b, Ohr Zeruah Meseches Avodah Zarah 2:190:page 53, Tur 113, Bais Yosef 113, Bach, Levush 113:1, Taz 1, Shach 1, Prisha 3, Chochmas Adom 66:1, Pischei Teshuva 113:1, Aruch Hashulchan 2, 6, Kaf Hachaim 1, Chelkes Binyomin 113:1. The Halichos Shlomo Moadim 2:3:footnote 11 says the reason for the increase in intermarriage today is because of the many leniencies we accept for bishul akum. </ref>
#The rabbis were more stringent with these laws of ''bishul'' (cooking) than with [[Pat Akum|bread of a non-Jew]].<ref>Shach 112:17, Aruch Hashulchan 113:1-2, see Mesora 1:pages 84-85. Refer to Igros Moshe Y.D. 1:45, Noam Halacha page 64:footnote 3 in depth.</ref>

===Exceptions===

#There are two basic exceptions to the restrictions. A food that falls into either of these two categories<ref>This is expressed in Tosfas in Meseches Avodah Zarah 38a “ika”, and “dagim”, and codified by the poskim. Refer to Rosh Meseches Avodah Zarah 2:28:page 83, Ran page 15, Rashba Meseches Avodah Zarah 38a, Ramban Meseches Avodah Zarah 37b, Toras Habayis 3:7, Meiri Meseches Avodah Zarah 38a, Rambam Hilchos Machalas Asuros 17:14-15, Bais Yosef 113, Bach, Shulchan Aruch 113:1, Levush 2, Aruch Hashulchan 5. Refer to Mordechai Meseches Avodah Zarah 830:page 42.</ref> is not subject to the laws of [[bishul]] akum and may be eaten by a Jew.<ref>Chelkes Binyomin 113:3.</ref>
#A food that can be eaten raw (ne'echal k'mo she'hu chay) may be cooked by a non-Jew. There are two reasons for this. First, the [[cooking]] does not really improve the food<ref>Rashi Meseches Beitzah 16a “ein”, Chochmas Adom 66:1, Bais Yitzchok 33:pages 565-566, Chelkes Binyomin 113:3, 5.</ref> because it can be eaten raw<ref>Meseches [[Shabbos]] 51a, Avodah Zarah 38a, Ran Beitzah page 8b “im tzolon”, Rosh Meseches Avodah Zarah 2:28, Rif page 14, Issur V’heter 43:2, Tur 113, Shulchan Aruch 113:1, Toras Chatos 75:16, Levush 2, Chochmas Adom 66:1, Kitzur Shulchan Aruch 38:6. Refer to Tosfas Meseches Avodah Zarah 38a “dagim”.</ref> (and it's not considered cooked).<ref>Rashi Meseches Beitzah 16a “ein buhem”, Levush 113:2.</ref> Second, food which is edible raw is not an important food, and one would not invite someone to his home to eat such foods.<ref>Ran Meseches Beitzah 8b “im tzolon”, Taz 113:1.</ref> Examples of such foods are beets,<ref>OU document A-110. Refer to the opinion of the Be’er Moshe quoted in Pischei Halacha (Kashrus) page 119:12 regarding borscht.</ref> cheese,<ref>Tosfas Meseches Avodah Zarah 38a “ika”, Darchei Teshuva 113:5, Kaf Hachaim 15. Refer to [[Bishul]] Yisroel pages 576-557 regarding processed cheeses.</ref> fruits,<ref>Refer to Shevet Ha’Levi 6:108:5. This is even if they are fried in sugar or honey (Aruch Hashulchan 13).</ref> honey,<ref>Tosfas Meseches Avodah Zarah 38a “ika”, Rosh 2:28, Rambam Hilchos Machalas Asuros 17:23, Issur V’heter 43:5, Shulchan Aruch Y.D. 114:7, Aruch Hashulchan 113:13, Yalkut Yosef Y.D. 2:page 149, Shevet Ha’Levi 6:109.</ref> juice, ice cream, milk, (this will be discussed in a later issue), sugar cane,<ref>Aruch Hashulchan 23.</ref> zucchini and other vegetables,<ref>Refer to Rambam Hilchos Machalas Asuros 17:14, Shulchan Aruch 113:3. This is only if the vegetable is not cooked with meat that is [[bishul]] akum since the fat from the meat gets absorbed into the vegetable (Shulchan Aruch 113:3, see G’ra 3, Darchei Teshuva 33-34, Chelkes Binyomin 33).</ref> and water.<ref>OU document A-110.</ref> Examples of foods that are not edible raw are asparagus, cauliflower, chicken, meat, potatoes, (this will be discussed in a later issue) and pumpkin.<ref>OU document A-110 </ref>
#The prohibition of [[bishul]] akum is limited to foods which are served on a king's table<ref>Meseches Avodah Zarah 38a, Rosh 2:28, Ran page 15, Rashba Meseches Avodah Zarah 38a, Rambam Hilchos Machalas Asuros 17:15, Tur 113, Shulchan Aruch 113:1, Levush 3, Kitzur Shulchan Aruch 38:6, Chochmas Adom 66:1, see Ritvah Meseches Avodah Zarah 38a. </ref> (''oleh al shulchan melachim'') and accompany bread (such as meat,<ref>Aruch Hashulchan 10. </ref> eggs, or fish)<ref>Rambam Hilchos Machalas Asuros 17:15, Ritvah Meseches [[Shabbos]] 51a, Meiri Meseches Avodah Zarah 35a. </ref> or as an appetizer.<ref>Rambam Hilchos Machalas Asuros 17:18, Issur V’heter 43:2, Tur 113, Bais Yosef, Shulchan Aruch Y.D. 113:1, Toras Chatos 75:16, Shach 112:5, Chochmas Adom 66:1, Kitzur Shulchan Aruch 38:6, Chelkes Binyomin 113:12, [[Bishul]] Yisroel pages 180-181. Others say a dessert which is not eaten with bread is not a concern (Pri [[Chadash]] 114:6, Chasam Sofer 113:2, Kaf Hachaim 7), while others disagree (Refer to Shulchan Aruch Y.D. 113:1, Aruch Hashulchan 7, Darchei Teshuva 12). </ref> Only these types of foods are served at social gatherings, and only then is there the concern of intermarriage.<ref>Rashba Toras Habayis 3:7. </ref> When there is no invitation, there is also no concern that the Jew will become used to eating the non-Jew's food, and therefore, there is no concern that the non-Jew might later serve the Jew non-Kosher.<ref>Chachmas Adam 66:1. See Chelkas Binyomin 113:3, and [[Bishul]] Yisroel pages 130-131. </ref>
#Many say that any food that is fit to be served on a king's table is subject to [[bishul]] akum, even if it is not eaten with bread.<ref>Rashba Meseches Avodah Zarah 38a, Toras Habayis 3:7, Levush 3, Pri Tohar 3, Tiferes Yisroel Meseches Avodah Zarah 2:52, Aruch Hashulchan YD 113:7, Darchei Teshuva 12, Shevet Ha’Levi 2:43, 10:124, [[Bishul]] Yisroel page 148:footnote 15 quoting the opinion of Harav Elyashiv Shlita.</ref> Others say that the above stipulation is to be taken literally, and even an important food is only prohibited if it is eaten with bread.<ref>Ritvah Meseches Avodah Zarah 38a, Issur V’heter 43:2, Zer Zahav 2, Meiri Meseches Avodah Zarah 38a, Pri [[Chadash]] 113:3, 22, opinion of Harav Henkin zt”l quoted in Shearim Metzuyanim B’halacha 38:4, Hamesivta 5754:pages 83-84, Teharas Hamayim page 328:footnote*. Such an example would be a fancy spread ([[Bishul]] Yisroel pages 170-172). </ref> The accepted custom follows the stringent opinion.
#There is a third, somewhat obscure exception, which permits food which does not change when it is cooked.<ref>The Shevet Ha’Levi 6:108:2 says this reason and the reason of edible raw is the same reason. Refer to the Pri [[Chadash]] 113:1. See Meseches Avodah Zarah 37b (bottom), Ohr Zeruah Meseches Avodah Zarah 2:191:page 53, Ha’go’es Ashri Meseches Avodah Zarah 2:28, Ran Meseches Avodah Zarah page 28 “rebbe”, Meiri Meseches Avodah Zarah 38a, Toras Chatos 75:16, Minchas Yaakov 75:32, Aruch Hashulchan 8. The Ran on page 15 (Meseches Avodah Zarah) says this third exception is not found in other Rishonim. See Darchei Moshe 113:3, Shach 113:1. </ref> However, most poskim maintain that this may not be relied upon to permit [[bishul]] akum.<ref>Issur V’heter 43:1, Shach 1, Be’er Heitiv 1, Pri [[Chadash]] 1, Pri Tohar 1, Aruch Hashulchan 9, Darchei Teshuva 14, Zivchei Tzedek 113:1, Kaf Hachaim 3, Chelkes Binyomin Biurim “davar” pages 60-61, Shevet Ha’Levi 2:43, Hamesivta 5754:pages 78-80. Refer to Avnei Nezer Y.D. 96:1. </ref>
# A bakery's food is permissible, even if the baker is not Jewish, as long as the ingredients are kosher. <ref> Yehave Daat, 5, 53 </ref>

====What Does "Eaten Raw" Mean?====

#The poskim debate the definition of "eaten raw. Some say that it depends on each individual's eating habits.<ref>Pri [[Chadash]] 113:2-3, Aruch Hashulchan 112:12, Darchei Teshuva 113:3 quoting the opinion of the Bnei Chai.</ref> However, many say that it follows the custom of most people.<ref>Rashi Meseches Avodah Zarah 38b “l’inyun”, Rashba Toras Habayis 3:7. Refer to Chochmas Adom 66:3. Refer to Shiurei Beracha 113:1, Darchei Teshuva 3, Chochmas Adom 66:4, Aruch Hashulchan 113:12, Kaf Hachaim 10, Shevet Ha’Levi 5:93:page 97, Chelkes Binyomin 113:6, Be’er Moshe quoted in Pischei Halacha (Kashrus) page 116:16. Refer to Chelkes Yaakov 113:5. </ref> Accordingly, if most people eat a certain food raw, even if one personally doesn't eat such a food, then one may eat it if a non-Jew cooked it. .<ref>Chelkes Binyomin 113:6, see Biurim “nechal.”</ref>
#A food which can only be eaten raw in difficult circumstances (al yedai ha'dechak) is not halachically considered edible raw.<ref>Rashba Toras Habayis (hakutzer) 3:7:page 213 (new), Ran Meseches Avodah Zarah 16b s.v. beitzah, Meiri Meseches Avodah Zarah 38a, Tur 113, Shulchan Aruch 113:12. Refer to Pri [[Chadash]] 113:21, Chochmas Adom 66:3, Ben Ish Chai Chukas 2:22, Aruch Hashulchan 26, Kaf Hachaim 71, Shevet Ha’Levi 9:162, Chelkes Binyomin 113:117, [[Bishul]] Yisroel pages 85-87. Refer to Bach 113 “umeiy shnu” who explains why if a food is cooked is it permitted even if it can be eaten if one pushes himself. </ref> However, others disagree and hold that this is halachically considered edible raw.<ref>Rama 113:12. Refer to Ramban and Ritvah Meseches Avodah Zarah 38b. </ref>
#If it is common to eat the item raw with other ingredients, then the raw item is still considered edible raw.<ref>Gilyon Maharsha Y.D. 113, Magen Avraham O.C. 203:4, Mishna Brurah 203:11, M’Bais Levi 8:page 26:1, Chelkes Binyomin 113:6-7. Refer to [[Bishul]] Yisroel page 102, OU Document A-59 quoting the opinion of Rav Schachter Shlita, OU madrich pages 100-101. See Darchei Teshuva 113:4, [[Bishul]] Yisroel page 102 quoting the opinion of Harav Shmuel Felder Shlita. Refer to [[Bishul]] Yisroel page 463 who is not sure what status sushi has in this regard.</ref> A food which was edible raw while fresh, is not considered edible raw after it dries out.<ref>Aruch Hashulchan 15. See Dugel Mervuva Y.D. 113. Refer to [[Bishul]] Yisroel pages 88-90. </ref>
#Some say that [[bishul]] akum doesn't apply to corn because it's normal to eat corn raw, it's just not commonly done. On the other hand, others hold that [[bishul]] akum does apply to corn since it isn't eaten raw.<ref>[http://www.yutorah.org/lectures/lecture.cfm/788653/Rabbi_Mordechai_I_Willig/Yoreh_De'ah_Shiur_06_Bishul_Akum Rabbi Mordechai Willig in a shiur on yutorah.org (min 55-57)] quotes Rav Yisrael Belsky as saying that [[bishul]] akum doesn't apply to corn since it would be normal to eat it raw, it is just that we are picky. However, Rav Hershel Schachter held that [[bishul]] akum does apply unless a majority of people eat it raw.</ref>
#Eggs are considered inedible raw and are therefore subject to the laws of bishul akum.<ref>Shulchan Aruch Y.D. 113:14</ref>

===="Fit to be Served on a King's Table"====

#We mentioned earlier that food which is fit to be served on a king's table is subject to the halachos of [[bishul]] akum.<ref>Refer to Darchei Teshuva 113:10 if this applies to a Jewish king or non-Jewish king. Additionally, refer to [[Bishul]] Yisroel pages 187-188 if this applies to something which is fit for a king’s table sometimes. See Tosfas Meseches Beitzah 16b “dagim”, Avodah Zarah 38a “dagim”.</ref> This term requires clarification. What if a king eats a certain food for breakfast, but would not eat it for supper? Would this be considered "fit to be served on a king's table"? Some say that "fit to be served on a king's table" refers to food that would be served at a royal dinner.<ref>Based on the Gemorah in Meseches Avodah Zarah 38a. Refer to Shevet Hakehasi 6:274:4. </ref> The prevailing opinion is that this term is not limited to a king, but instead refers to anyone of stature.<ref>Issur V’heter 43:2, Shiurei Beracha Y.D. 113:2, Ben Ish Chai Chukas 2:9, Zivchei Tzedek 113:2, Kaf Hachaim 13:2. Refer to Aruch Hashulchan 18 who seems to hold this way as well. See Chelkes Binyomin 113:10, [[Bishul]] Yisroel page 133. See Shulchan Melachim 2:pages 1164-1165. </ref> Others say it means food which would be served at a state dinner,<ref>Refer to Kashrus Kurrents from the Star-K “Food Fit For A King”.</ref> while some apply it even if a food is eaten by a king at breakfast<ref>Refer to Mesora 1:page 86:2, Shulchan Melachim 2:page 1209:3. </ref> (this is not the halacha). Others are of the opinion that it refers to a food that one would serve on [[Shabbos]] to invites guests,<ref>Based on the opinion of the Rambam in Hilchos Machalas Asuros 17:15, Be’er Moshe quoted in Pischei Halacha (Kashrus) page 116:18, opinion of Harav Falk Shlita in [[Bishul]] Yisroel (teshuvos) page 28:3. Refer to [[Bishul]] Yisroel pages 134-135 who says this clause is not mentioned in Shulchan Aruch, but it seems to be l’halacha anyways. </ref> or food served at a fancy meal in honor of a mitzvah.<ref>Shevet Ha’kehusi 6:274:4, see Dinei Machalei Nuchrim pages 18-19. </ref> Harav Yisroel Belsky (this is the OU policy) holds that it refers to food served at a wedding smorgasbord.<ref>Based on a personal conversation. Refer to [[Bishul]] Yisroel (teshuvos) page 28:3 who does not seem to agree with this. </ref> Examples of foods which do not fit into the above categories and are permitted are: chickpeas,<ref>Refer to Darchei Moshe 113:3, Rama 113:2, Aruch Hashulchan 13, 15-16, Halichos Olom 7:pages 102-103, Opinion of the Be’er Moshe quoted in Pischei Halacha (Kashrus) page 119:14, Halichos Olom 7:page 102, OU Documents A-64:1, A-130, M-7. Refer to Rambam Hilchos Machalas Asuros 17:17, Ben Ish Chai Chukas 2:12. See Minchas Yaakov 75:31 who says (in his days) cooked chickpeas were fit to be served on a king’s table.</ref> corn, snacks,<ref>Toras Chaim Avodah Zarah 38a, Zechor L’Avraham 5762-5763:page 749, Teshuvos V’hanhagos 1:438, Noam Halacha page 190, opinion of Harav Elyashiv Shlita quoted in [[Bishul]] Yisroel page 169:footnote 3, Kitzur Hilchos [[Bishul]] Akum (Sharf) 11. </ref> Rice Krispies,<ref>Be’er Moshe quoted in Pischei Halacha (Kashrus) page 117:21, Star-K article entitled “Food Fit For A King”.</ref> and popcorn.<ref>Pischei Halacha (Kashrus) page 118:2, Rivevos Ephraim 7:page 450, Noam Halacha page 193, Chai Ha’Levi 4:50:10. </ref>
#Is "Fit to be Served on a King's Table" defined by the category of food, or by the specific type of food? Some poskim hold that if a certain type of food can be prepared in a way that could be served at a king's table, then any dish prepared from this food falls under the problem of [[bishul]] akum, even if this particular dish would not be served at the king's table.<ref>Refer to Aruch Hashulchan 113:10, Emes L’Yaakov Y.D. 112:footnote 42, Teshuvos V’hanhagos 1:438, opinion of Harav Elyashiv Shlita quoted in [[Bishul]] Yisroel page 146:14, Igros Moshe Y.D. 5:48:5, Dinei Machalei Nuchrim pages 23-24, [[Bishul]] Yisroel pages 139-144, Teshuvos V’hanhagos 1:438, Be’er Moshe quoted in Pischei Halacha (Kashrus) page 116:17. Refer to Tiferes Yisroel Avodah Zarah 2:52.</ref> However, most poskim disagree with this position and maintain that each dish must be evaluated individually.<ref>Harav Yisroel Belsky Shlita, see OU documents A-21, A-23, and A-106, Maharsham 2:262, Gan Shoshanim 2:page 202. Refer to Chelkes Binyomin 113:6, 8, biurim page 96, Shevet Ha’kehasi 6:274, Teshuvos V’hanhagos 3:249, [[Bishul]] Yisroel page 143, Kerem Ephraim pages 64-65. </ref> Accordingly, if a specific potato is prepared in a way that it is fit for a king's table, then only that type of potato is a problem of [[bishul]] akum. This opinion is followed by most kashrus agencies.<ref>Tiferet Yisrael (Avoda Zara Yachin. 2:52) writes that when judging whether something is fit for a king we judge the type of food. Teshuvot Vhanhagot 1:438 agrees and forbids potato chips.

*One proof is that the Iser Vheter that is cited and accepted by the Shach (113:2) writes that intestines are forbidden because of Bishul Akum even though they aren’t fit to serve a guest (S”A YD 101:5). Since meat is important we judge all meat as fit for a king’s table even the parts which are very low quality. This is echoed by the Pri Chadash 113:2 and Aruch Hashulchan 113:10. Rav Pesach Falk (author of Machazeh Eliyahu, in Am Hatorah 5754 p. 75) argues with the Tiferet Yisrael based on a number of proofs.</ref><ref>Another factor to use to permit potato chips is that usually they aren’t eaten with bread and some poskim hold that any food which isn’t eaten with bread isn’t included in Bishul Akum. Pri Chadash 113:3 is lenient. See Darkei Teshuva 113:12 for those who are lenient. Chayei Adam 66:1 and Yechava Daat 4:42 don’t hold of this Pri Chadash. [https://www.star-k.org/articles/articles/1182/food-fit-for-a-king-reviewing-the-laws-of-bishul-akum-bishul-yisroel/ Rav Heinemann] is lenient for potato chips since they are not eaten for a meal at all. Rav Shlomo Machpud (Daat Kashrut 5762 p. 136) agrees.</ref>
#If a food would only be fit for the king's table after certain spices and seasoning were added, it is still considered fit for the king's table even without the spices.<ref>Darchei Teshuva 113:9, Chelkes Binyomin 113:8. Refer to OU document A-41. </ref>
#[[Bishul]] Akum applies to instant rice which was cooked by the non-Jewish manufacturer. Parboiled rice, however, which requires further [[cooking]] to be edible is not [[Bishul]] Akum at the time of manufacturing and need to be finished [[cooking]] by a Jew.<ref>[http://www.star-k.org/kashrus/kk-issues-bishul.htm Article on star-k.org]</ref>
#Many hold that [[Bishul]] Akum does not apply to potato chips since in that particular way of preparing a potato it isn't fit to be served on a king's table.<ref>[http://www.yutorah.org/lectures/lecture.cfm/788653/Rabbi_Mordechai_I_Willig/Yoreh_De'ah_Shiur_06_Bishul_Akum Rabbi Mordechai Willig in a shiur on yutorah.org (min 55-57)] quoting Rabbi Belsky from the OU Papers on [[Bishul]] Akum</ref> Some are strict about this and won't eat pringles with an OU because of the bishul akum issue.<ref>[https://kavhalacha.co.il/index.php/parashathashavoa-dafyomi-halachayomit-lectures-9/harav-david-yosef-17/3459-2017-05-30-05-42-83 Rav Eliyahu Pinchasi] based on Rav Elyashiv and the Badatz Edah Charedit.</ref>

#Many hold that the definition of fit for a king's tables depends on the current custom and not a previous custom.<ref>This is the opinion of the Chochmas Adam 66:4 as well as Rambam Hilchos Machalas Asuros 17:18, Pri Tohar 7, Shiurei Beracha 113:9, Kaf Hachaim 6 and 11, Chelkes Binyomin 113:6, [[Bishul]] Yisroel pages 198-199. The Pri [[Chadash]] 113:5 argues (see Sdei Chemed mareches [[bishul]] akum u’pitan 5:page 287, Darchei Teshuva 113:7). </ref>

===Product Shipped From one Place to Another===

#If a non-Jew cooks a food which ''is'' edible raw then it is permitted even if it is shipped to a country where it is not eaten raw.<ref>Harav Yisroel Belsky Shlita as expressed in OU document A-88, see Pri [[Chadash]] Y.D. 113:22, Shiurei Beracha 113:1, Kaf Hachaim 113:11. Refer to Shevet Ha’Levi 9:163. The reason for this is since the food is edible raw in one place there is no certainty that it will not be edible raw in the place where it is shipped since it is many days from when the food is made and the food may be dry. </ref> This is not a common issue as a food which is edible in one country is usually edible in a different country as well.<ref>OU document A-88 </ref>
#If a non-Jew prepared a food which ''is not'' edible raw in a country where it is not served on a king's table, and shipped it to a country where the food is fit to be served on a king's table, the food is forbidden because of [[bishul]] akum.<ref>Refer to [[Bishul]] Yisroel (teshuvos) pages 31-32. See OU document A-131.</ref> If the situation is reversed, and a non-Jew prepared a food which is not edible raw and it is fit to be served on a king's table in that country, then the food is forbidden even if it is shipped to a country where it is not eaten on a king's table.<ref>Harav Yisroel Belsky Shlita as expressed in OU document A-88, opinion of Harav Falk Shlita as expressed in [[Bishul]] Yisroel (teshuvos) pages 31-34 in depth. Refer to Shiurei Beracha 113:7, Ben Ish Chai Chukas 2:12, Chaim Shaul 1:74:6, Kaf Hachaim 113:20, Kerem Ephraim pages 62-63, [[Bishul]] Yisroel pages 61-62. In regard to tortillas see Dinei Machalei Nuchrim pages 93-101 in depth. </ref>

===Important Person===

#There is a discussion in the poskim if an important person (Adam Chashuv, i.e. a Torah scholar) should go beyond the letter of the law regarding the laws of [[bishul]] akum. Some poskim say that such a person should refrain from any food cooked by a non-Jew even if it can be eaten raw, if it is fit to be served on a king's table.<ref>Refer to Meseches [[Shabbos]] 51a, Meiri [[Shabbos]] 51a, Ritvah 51a, Shach Y.D. 152:2, Bach Y.D. 113, Shiurei Beracha 113:4-5, Tosfas [[Shabbos]] O.C. 257:17 in depth, Kaf Hachaim 12, Shevet Ha’kehasi 4:200, M’Bais Levi 8:page 31:13, Shevet Ha’Levi 6:108:3, Minchas Yaakov 75:30, Dinei Machalei Nuchrim page 9:footnote 4, see Pri Megadim Eishel Avraham 257:15. The Taz 3 says it is a pious act. Some even says this applies to water (Kaf Hachaim 13 quoting the opinion of the Arizal). </ref> The reason is that if one sees an important person being lenient even though it is permitted strictly speaking, the onlooker will potentially be more lenient in a circumstance where it can be forbidden.<ref>Rashi Meseches [[Shabbos]] 51a s.v. adom, Meiri Meseches [[Shabbos]] 51a </ref>
#If it is eaten raw and fit to be served on a king's table, one should be stringent.<ref>Refer to [[Bishul]] Yisroel pages 385-386. </ref> However, others disregard this concern,<ref>Dugel Mirvuva Y.D. 113, Zivchei Tzedek 113:10, Machzik Beracha O.C. 257:2, Kaf Hachaim 113:12, Hamesivta 5754:page 82, see Chelkes Binyomin 113:4. </ref> and the custom seems to follow the latter opinion.<ref>Harav Yisroel Belsky Shlita, see Pri [[Chadash]] 113:3, Aruch Hashulchan Y.D. 113:11, Chai Ha’Levi 4:51:6.</ref> Even the stringent opinion makes allowances for health reasons (see below).<ref>Tashbatz 1:89, Maharsham 5:36:page 35. </ref>

===Health Reasons===

#A food which is fit to be served on a king's table and is not eaten raw, is still not a concern of [[bishul]] akum if it is eaten for health reasons. It is not a "chashuva" food, and sharing it will not lead to closeness with a non-Jew.<ref>Radvaz 3:637, Meiri Meseches Avodah Zarah 38a, Ritvah Meseches Avodah Zarah 38a, Maharsham 2:262, Noam Halacha page 75, Chelkes Binyomin 113:page 11 (biurim). </ref>

==Types of Food==
===Beverages===

#The consensus of the poskim is that there is a concern of [[bishul]] akum with beverages (i.e. soup) if one cannot drink it without [[cooking]] it or it is fit to be served on a king's table.<ref>Refer to Tosfas Meseches Avodah Zarah 31b “v’travaihu,” Rosh 2:15, Rambam Hilchos Machalas Asuros 17:14, Orchos Habayis 8:14:footnote 41, [[Bishul]] Yisroel pages 185-186. Refer to Pri [[Chadash]] 113:3, 114:6 who seems to argue. See Sdei Chemed mareches “[[bishul]] eino yehudi u’pitan” page 349:10. </ref>

===Frozen===

#A food that is forbidden because of [[bishul]] akum and placed into the freezer is still forbidden even though it is inedible while it is frozen.<ref>Dinei Machalei Nuchrim page 48:6, Noam Halacha page 71:16:footnote 28, Kitzur Hilchos [[Bishul]] Akum (Berger) page 27. </ref> By the same token, if a Jew cooked food and froze it, there is no concern if a non-Jew heats up the food.<ref>Kitzur Hilchos [[Bishul]] Akum (Berger) page 26-27.</ref>

===Dried===

#Potatoes which were milled or pureed and then dehydrated to be used for producing other foods, are subject to Bishul Akum since they are edible without further cooking such as adding lukewarm water.<ref>Rav Shlomo Machpud in Daat Kashrut 5762 p. 136 writes that since the potatoes were steamed and then pureed they are ready to be eaten with simply adding lukewarm water and therefore forbidden. He cites Rav Masas in Shemesh Umagen 2:44 who is lenient but also cites Rav Mordechai Eliyahu who was strict. Rav Masas argued that since the pureed needed further processing it is like the original cooking wasn't ineffective.</ref>

===Canned Foods===

#There is a discussion among the poskim if canned food is subject to the halachos of [[bishul]] akum. Food which is cooked before it is canned and is just put in a can for storage would be forbidden.<ref>[[Bishul]] Yisroel page 34, Teshuvos V’hanhagos 3:247. </ref> However, one could argue that food cooked in a can is not fit to be served on a king's table.<ref>Refer to Mesora 1:page 86 (bottom), Mesora 2:pages 74-75, OU document A-64:4, Star-K article entitled “Food Fit For A King” page 2, opinion of Harav Pinchus Sheinberg Shlita quoted in Divrei Chachamim pages 182-183:22. </ref> The custom seems to treat canned goods as a concern of [[bishul]] akum (if the food is not edible raw) even if it is cooked with indirect steam.<ref>Refer to [[Bishul]] Yisroel (teshuvos) pages 46-47, Teshuvos V’hanhagos 3:247. Also see [[Bishul]] Yisroel pages 34-36. Some are lenient because many products do not get changed when cooked in a can (Aleh Ezra Y.D. 5). </ref> However, this can be used as an additional factor to be lenient in certain cases.

===Fried Foods===

# Sufganiyot (donuts) fried in oil by non-Jews are permitted. <ref> Halichot Olam, 7, Page 106</ref>

==Utensils==

#There is a discussion in the poskim if food cooked by a non-Jew<ref>The Shach 113:20 discusses the view of Rama in Torat Chatat. In one place, Rama writes that if a person's maidservant cooks for herself in one's home, then you have an issue of Bishul Akum. In another place, Rama writes that we are bdiavad (after the fact) lenient if a maidservant cooked in a Jew's home. Shach's answer is hat we are more strict on a case where she cooked for her own needs in a Jew's home, as it's unlikely that one of the members of the household intervened in the cooking process. Refer to Prisha 113:17, Chochmas Adom 66:11. See Shulchan Melachim 2:pages 959-957.</ref> renders the pot treif.<ref>Some say that if the [[cooking]] was not done in front of us, then there is a concern that the non-Jew cooked treif in the pot, and all would agree that hagalah is required (Chelkes Binyomin 113:134). </ref> Some poskim say that no hagalah (kashering) is required.<ref>Tosfot Harosh Avoda Zara 40a s.v. vani, Ritvah Meseches Avodah Zarah 38a, Issur V’heter 43:8, Shulchan Aruch 113:16, Levush 16, Shiurei Beracha 18. Refer to Hamesivta 5754:pages 123-125 who says most poskim hold no hagalah is required. </ref> Some explain that the main reason for the issur of [[bishul]] akum is because of intermarriage, and using a pot with bishul akum absorption will not lead to socializing with non-Jews.<ref>Bedek Habayis 3:7:page 209 (new), G’ra 40, 42, See Aruch Hashulchan 113:50. </ref> However, many poskim maintain that hagalah is in fact required,<ref>Rashba in Toras Habayis 3:7 (end), Rashba Meseches Avodah Zarah 38a, Ran (teshuvos) 5:11, Toras Chatos 75:14, Tur, Bais Yosef, Shulchan Aruch 113:16, Levush 16, Shiurei Beracha 18-19, Chochmas Adom 66:11, Mishna Brurah O.C. 328:63, Aruch Hashulchan 113:50, Kaf Hachaim Y.D. 113:89, Igros Moshe Y.D. 2:41, Kitzur Hilchos [[Bishul]] Akum (Berger) page 45:67. Refer to Matei Yehonosson 113:16, Pri [[Chadash]] 25, Kashrus 2:pages 13-20 in depth. See Shulchan Melachim 2:pages 943-951.</ref> and this is the overwhelming custom.<ref>Shulchan Aruch 113:16, Aruch Hashulchan 113:50, Chai Ha’Levi 5:54:1. Some say that if the [[cooking]] was done in a Jewish home or Jewish establishment , then no hagalah is required, since there are two sefikos (doubts). One doubt is if utensils that have bishul akum absorption require hagalah, and the other doubt is if there is [[bishul]] akum in a Jew’s home (Halichos Olom 7:page 104:footnote). </ref> The reason is that the food itself becomes forbidden, and the blios (absorption) from the food are considered as forbidden foods.<ref>Toras Habayis 3:7:page 214 (new), Aruch Hashulchan 113:50. See Gr’a 113:40, 42. Refer to Tzitz Eliezer 22:44 in depth on this dispute. </ref> This applies even if the utensils were not used within twenty-four hours (eino ben-yomo), in which case the taste of the food is pogem (ill tasting).<ref>Ben Ish Chai Chukas 2:24, Kaf Hachaim 113:89-90, Chelkes Binyomin 113:138, [[Bishul]] Yisroel pages 373-374, opinion of Harav Falk Shlita stated in [[Bishul]] Yisroel (teshuvos) page 67. Refer to Chochmas Adom 66:12. See Darchei Teshuva 113:92 who brings a lenient opinion. See Rama O.C. 452:2, Mishna Brurah 20. The opinion of Harav Falk Shlita stated in [[Bishul]] Yisroel (teshuvos) pages 78-79 is that in time of need one can be lenient and do hagalah even within twenty-four hours. Refer to Chochmas Adom 66:12. </ref> Nonetheless, one can do ''[[Koshering a Kitchen|hagalah]]'' (after waiting twenty-four hours)<ref>Kaf Hachaim 113:90, Chelkes Binyomin 113:142. </ref> for an earthenware utensil (which we normally do not kasher)<ref>Shulchan Aruch O.C. 451:22. </ref> three times and use it for kosher food.<ref>Bais Yosef 113, Shulchan Aruch 113:16, Toras Chatos 75:14, Levush 16, Chochmas Adom 66:11, Mishna Brurah O.C. 328:63, Aruch Hashulchan 113:50, Kaf Hachaim 95, see Gilyon Maharsha 113, Mishna Brurah 328:63, Shevet Ha’Levi 9:162:16. Refer to Shevet Ha’Levi 6:108:8, Kashrus 2:pages 237-238. </ref> This is common if a non-Jew used a crock-pot to cook food.<ref>Kitzur Hilchos [[Bishul]] Akum (Berger) page 46:70. </ref>
#An interesting question arises regarding kashering the utensils of a convert which were only used for kosher food. It would seem from the language of the Shulchan Aruch<ref>Y.D. 113:16. </ref> (when he discusses the obligation to kasher from [[bishul]] akum) that he does not require kashering.<ref>Opinion of Harav Herschel Schachter Shlita and Rabbi Ari Senter Shlita. Harav Yisroel Belsky Shlita added that the non-Jew before he converted did nothing wrong when [[cooking]] for himself, so his utensils are not [[bishul]] akum (if they were used for kosher food). </ref> However, when the question arises one should discuss it with a competent Rav.

==Doubts and Mixtures==
===Doubt===

#The halacha is that anytime<ref>Rama 113:11, Chochmas Adom 66:9, Aruch Hashulchan 48. Refer to [[Bishul]] Yisroel 304-310.</ref> one has a doubt<ref>Even if the doubt is if a Jew was involved in the [[cooking]] of the food (Chelkes Binymon biurim “v’chein” page 100). </ref> whether a Jew stoked the coals<ref>Taz 11. This would not be valid according to the opinion of the Shulchan Aruch since stoking the coals is not [[bishul]] yisroel (Kaf Hachaim 68). </ref>, or if a food was cooked 1/3 by a Jew<ref>Chochmas Adom 66:9 </ref>, then we can be lenient. Some say that even if one is unsure whether a particular food is subject to the laws of [[bishul]] akum, he may be lenient since the entire prohibition is rabbinic ([[Klalei_Halacha#Safek_Derabbanan_Lkula]]).<ref>Tosfas Meseches Avodah Zarah 38a “ika”, Issur V’heter 43:10, Tur 113, Rama 113:11, Toras Chatos 75:7, Chochmas Adom 66:9, Aruch Hashulchan 48. Refer to Darchei Teshuva 70. </ref> There is a discussion if we can be lenient if one is unsure if a food is fit to be served on a king's table. Some poskim are lenient even if one can verify the status,<ref>Opinion of the Shevet Ha’Levi quoted in Kerem Ephraim page 48:15:1. Refer to Pri Megadim Sifsei Da’as Y.D. 110:34. </ref> but the custom is to be stringent.<ref>Shach 110:34 (dinei sfek sfeika), [[Bishul]] Yisroel pages 490-491, opinion of Harav Falk Shlita quoted in [[Bishul]] Yisroel page 52 (teshuvos) 5:16. </ref>

===Rov or Shishim===

#Most poskim are of the opinion that [[bishul]] akum is nullified in a simple majority ([[Nullification|botel b'rov]])<ref>Toras Chatos 75:9, Shach 112:23, 113:21, Be’er Heitiv 18, Shiurei Beracha 113:10, Chochmas Adom 66:11, Aruch Hashulchan 53, Darchei Teshuva 90, Kaf Hachaim 91, see Mishna Brurah 328:63. Refer to Darchei Teshuva 113:91 if one is permitted to be mevatel [[bishul]] akum with his hands. Refer to Yeshoshua Yaakov Y.D. 113:3 in depth why one is permitted to mix a [[bishul]] akum food with a non-[[bishul]] akum food.</ref> while some maintain you need shishim (60 times).<ref>Refer to Hagalas Keilim 10:footnote 11, Chelkes Binyomin 113:136. </ref> Sephardim hold you need 60 times, but if you have a majority and not sixty, then you can add more permitted ingredients in order to nullify it.<ref>Divrei Dovid 2:20 proves the Shulchan Aruch Y.D. 113:3 holds that bishul akum isn't nullified by a majority. He cites this approach from the Bear Sheva 19, Minchat Cohen 1:1, Pri Chadash 99:17, Maharashdam 41, Kahal Yehuda 113:2, Misgeret Hashulchan 113:2, Ayin Hamayim 112:11, Kiseh Eliyahu 113:2, Maharam Shik 134, and Yeshuot Yakov 113:3. [http://www.toratemetfreeware.com/online/f_01598.html#HtmpReportNum0002_L3 Patbag Hamelch 2:23] agrees.</ref>

===Mixing Food which can be eaten raw with Non-Edible Raw Food===

#If food which can be eaten raw is mixed<ref>There is no concern of being mevatel an issur here (Darchei Teshuva 113:18). </ref> with food that is not edible raw, if the majority the mixture can be eaten raw, then the mixture is not subject to the halachos of [[bishul]] akum.<ref>Ritvah Meseches Avodah Zarah 38a, [http://www.hebrewbooks.org/pdfpager.aspx?req=1381&st=&pgnum=77 Tashbetz 1:89], Shulchan Aruch 113:2, Toras Chatos 75:12, Levush 15, Chochmas Adom 66:6, Aruch Hashulchan 14. See Mishna Brurah 203:11. Refer to Meseches Beitzah 16a-16b, Avodah Zarah 38a, Rashi Meseches Beitzah 16a “asirei,” Avodah Zarah 38a “ku mashma lon”, Ran page 15. Refer to [[Bishul]] Yisroel pages 330-333.</ref> Some are lenient even if the mixture is half-and-half<ref>Aruch Hashulchan 14, Darchei Teshuva 19. Some say that if one of the five grains is mixed in, then it's considered the main ingredient with regards to bishul akum, as we find by hilchos berochos (Darchei Teshuva 113:20, Chelkes Binyomin 113:21, see Hamesivta 5754:pages 88-89 where he asks on the Aruch Hashulchan). Thus, if the grain that's mixed in cannot be eaten raw, even if it's a minority of the mixture, then the whole mixture is forbidden because of bishul akum. </ref> (this will be discussed in a later issue). Some say that the five grains are considered the main ingredient as is the case in hilchos [[berachos]].
#In a case where a majority of the mixture can be eaten raw, some say that we are only lenient if the food which is inedible raw is not recognizable in the mixture.<ref>Darchei Teshuva 113:22, Divrei Dovid 2:20. See Kaf Hachaim 17</ref>

===Tafel===

#Sometimes, a food may be eaten raw, but is a tafel to the main food which has a concern of [[bishul]] akum (not eaten raw). The question is if the food eaten as a tafel is subject to the halachos of [[bishul]] akum. The rules here follow the same rules as [[berachos]]. A food which is mixed to the same degree where it is considered mixed with regards to the halachos of [[berachos]], would be forbidden because of [[bishul]] akum. For example, if peas (edible raw) are mixed with other food, then there would be a [[bishul]] akum concern for the peas as well.<ref>Gemara Avoda Zara 38a, Shulchan Aruch YD 113:2, Refer to OU document A-131. </ref>

==Forms of Cooking==

#Some poskim hold that there is no prohibition of bishul akum when cooking in a microwave, while others disagree.<ref>[https://www.star-k.org/articles/kashrus-kurrents/2168/food-fit-for-a-king-reviewing-the-laws-of-bishul-akum-and-bishul-yisroel/ Rav Heinemann at Star K] holds that there is no bishul akum on a microwave. [https://halachablog.com/2016/01/18/bishul-akum-and-microwaves/] quotes Rav Asher Weiss (Minchat Asher Devarim) as being lenient in a case of need. See Chelkas Binyamin p. 106, Lehorot Natan 7:64 and Rivevot Efraim 8:111 for more lenient opinions.

*[https://halachablog.com/2016/01/18/bishul-akum-and-microwaves/] writes that Shevet Halevi 8:185, Shraga Hameir 6:52:3, and Rav Elyashiv (Shvut Yitzchak v. 6 p. 61) hold that there is bishul akum for microwaves.
*The [https://oukosher.org/faqs/are-there-kosher-concerns-of-bishul-akum-if-the-food-is-cooked-in-a-microwave-by-a-gentile/ OU] writes that it is a dispute whether there is bishul akum when cooking in a microwave. On the one hand, it's a new development and the prohibition might not apply to it. Alternatively, it might be considered a normal form of cooking today.</ref>

===Jew Watching non-Jew===

#Even if a Jew observes the entire [[cooking]] process and ensures that the non-Jew didn't add any non-Kosher food, the food is nevertheless prohibited because of bishul akum . The main reason for the issur of bishul akum is that it might lead to intermarriage, and standing over a non-Jew does not mitigate this factor.<ref>Rivash 514, Noam Halacha page 76. </ref>

==Sephardim==

#Ideally, according to Sephardim, one should not eat in a restaurant where the food was not put on the fire by a Jew, regardless of who lit the flame. Rav Ovadia Yosef articulated a leniency to eat in a restaurant or hotel with an Ashkenazic hashgacha (that only makes sure that a Jew turns on the fire, but not that a Jew actually puts the food on the fire). One should ask a qualified rabbi regarding how to apply this leniency in various situations, such as Jewish homes where the maid did some cooking, Shawarma cut by a non Jew, etc.<ref>Rav Ovadyah Yosef in Yechave Daat vol. 5 Siman 54, Yabia Omer vol. 9 Yoreh Deah 6, Halichot Olam vol. 7 page 120. Patbag Hamelech p. 69 writes that lechatchila (initially) one can be lenient, but it is proper to be strict. However, Divrei Dovid YD 4:18 disagrees and strongly encourages one to be strict, and says that only those who can't be strict have what to rely upon to be lenient. See also Shu"t Rav Pealim vol. 3 Yoreh Deah Siman 9, [http://www.hebrewbooks.org/pdfpager.aspx?req=19979&st=&pgnum=31&hilite= Shu"t Ohr LeTzion vol 2. page 12], [http://www.otzar.org/wotzar/book.aspx?168477&pageid=P0347 Shu"t HaRav HaRoshi (R' Mordechai Eliyahu) 5750-5753 Siman 152 page 346], [http://www.otzar.org/wotzar/book.aspx?608029&pageid=0106 Shu"t Maamar Mordechai (Eliyahu vol. 3 Yoreh Deah Siman 4], Shu"t Minchat Yitzchak vol. 7 Siman 62, [http://www.hebrewbooks.org/pdfpager.aspx?req=52140&st=&pgnum=143 Shu"t Binyan Av (R' Eliyahu Bakhchi Doron) vol. 1 Siman 33], [http://www.hebrewbooks.org/pdfpager.aspx?req=52138&st=&pgnum=161 Shu"T Binyan Av vol. 3 Siman 35] and [http://www.hebrewbooks.org/pdfpager.aspx?req=52138&st=&pgnum=166&hilite= 36] and [http://www.hebrewbooks.org/pdfpager.aspx?req=52136&st=&pgnum=211 vol. 5 Siman 46], Ohr Torah ([http://www.otzar.org/wotzar/book.aspx?14604&pageid=P0187L Sivan 5752 page 363], Iyyar 5752, [http://www.otzar.org/wotzar/book.aspx?14604&pageid=P0396L Av 5752 Siman 155], [http://www.otzar.org/wotzar/book.aspx?154390&pageid=P0371 Adar 5764 Siman 94], [http://www.otzar.org/wotzar/book.aspx?154390&pageid=P0595 Iyyar 5764 Siman 88 page 559], [http://www.otzar.org/wotzar/book.aspx?154390&pageid=P0681 Sivan 5764 Siman 99]), [http://www.hebrewbooks.org/pdfpager.aspx?req=21865&st=&pgnum=112 Shu"t Shema Shlomo vol. 2 Yoreh Deah Siman 7-10], [http://www.hebrewbooks.org/pdfpager.aspx?req=48336&st=&pgnum=106 Shu"t Dibrot Eliyahu (Abergel) vol. 6 Yoreh Deah 55], [http://www.hebrewbooks.org/55063 Lilkot Shoshanim (R' Eliyahu Bochbot) vol. 5], [http://www.hebrewbooks.org/pdfpager.aspx?req=55207&st=&pgnum=296 Shu"t Divrei Benayahu (Dayan) vol. 17 Siman 29], [http://www.otzar.org/wotzar/book.aspx?23030&pageid=P0136 Shu"t Ateret Paz (R' Shmuel Pinchasi) vol. 1-2 Yoreh Deah Siman 2 page 102 and on], [http://www.otzar.org/wotzar/book.aspx?199834&pageid=19983400285 Ateret Avot vol. 3 page 273], [http://www.otzar.org/wotzar/book.aspx?28897&pageid=P0235 Shu"t Birkat Yehudah (R' Yehuda Bracha) vol. 1 Yoreh Deah 23-31], [http://www.hebrewbooks.org/pdfpager.aspx?req=51920&st=&pgnum=146 Shu"t Asher Chanan (Aflalo) vol. 3 Yoreh Deah 35], [http://www.otzar.org/wotzar/book.aspx?198010&pageid=19801000352 Shu"t Avnei Derech (Rav Elchanan Prince) vol. 8 Siman 528], [http://www.otzar.org/wotzar/book.aspx?194191&pageid=19419100513 Shu"t Avnei Derech vol. 9 page 513],[http://www.otzar.org/wotzar/book.aspx?199083&pageid=19908300235 Shu"t Avnei Derech vol. 10 Siman 86-88], and [https://www.srugim.co.il/126159-לספרדים-יש-בעיה-לקנות-שווארמה-כשהמוכר שו"ת: לספרדים יש בעיה לקנות שווארמה כשהמוכר ערבי] regarding the general issue and shwarma, [http://www.otzar.org/wotzar/book.aspx?194191&pageid=19419100286 Shu"t Avnei Derech vol. 9 Siman 99] and [http://www.otzar.org/wotzar/book.aspx?199083&pageid=19908300453 vol. 10 page 453] regarding sushi, [https://oukosher.org/content/uploads/2014/02/2014.02.pdf OU Daf HaKashrus Adar 5774], Banim Chavivim (R' Eli Yanay) page 483, and the Further Reading section below.</ref>

==Credits==
Special thanks to Rabbi Moishe Dovid Lebovits Rabbinical Administrator for KOF-K Kosher Supervision and author of Halachically Speaking for this article. To reach the author please email mlebovits@kof-k.org. Most of the halachos can also be found in original print on [http://thehalacha.com/wp-content/uploads/Vol7Issue1.pdf thehalacha.com].

==Further Reading==

#For Sephardim, see the sources to the above Halachot and these articles:
##See [http://www.badatz.biz/article/בישולי-גויים/ בהלכות בישולי נכרים] by Rav Moshe Yosef, of Badatz Beit Yosef
##Patgan HaMelech by Rav Moshe Parzis ([http://www.ateret4u.com/online/f_01904.html ToratEmmet edition], [https://www.otzar.org/wotzar/Book.aspx?52200& Otzar HaChochmah edition], [https://www.youtube.com/watch?v=oymv6CkzEMk YouTube Shiur])
##[https://www.star-k.org/articles/kashrus-kurrents/2171/bishul-yisroel-sefardi-and-now-for-the-rest-of-the-story/ BISHUL YISROEL SEPHARDI: AND NOW FOR THE REST OF THE STORY], By: Rabbi Tzvi Rosen, Star-K
##HalachaYomit.co.il ([http://halachayomit.co.il/en/Default.aspx?HalachaID=2612&PageIndex=5 May 24th 2017], [http://halachayomit.co.il/en/Default.aspx?HalachaID=4783 June 18th 2018])
##[http://www.dailyhalacha.com/displayRead.asp?readID=1649 The Prohibition of Bishul Akum – Eating Foods Prepared by a Gentile], by Rabbi Eli Mansour, DailyHalacha.com
##[http://dinonline.org/2012/06/09/bishul-akum-for-sephardim/ Bishul Akum for Sephardim], Din online
#[https://oukosher.org/blog/kosher-professionals/lo-basi-ella-lorer-bishul-akum/ Lo Basi Ella L’orer: Bishul Akum] (OUKosher)
#[https://oukosher.org/blog/kosher-professionals/drinking-coffee-on-the-road-2/ Drinking Coffee on the Road] (OUKosher)
#[https://oukosher.org/blog/consumer-kosher/playing-with-fire/ Playing With Fire] (OUKosher)
#[https://oukosher.org/blog/kosher-in-the-factory/coffee/ Coffee] (OUKosher)
#[https://oukosher.org/blog/consumer-kosher/master-list-of-bishul-akum-status-of-foods/ Master List Of Bishul Akum Status Of Foods] (OU Kosher)
#[https://www.star-k.org/articles/articles/1182/food-fit-for-a-king-reviewing-the-laws-of-bishul-akum-bishul-yisroel/ FOOD FIT FOR A KING: REVIEWING THE LAWS OF BISHUL AKUM & BISHUL YISROEL] (Star-K)
#[https://rabbikaganoff.com/some-contemporary-bishul-akum-curiosities/ Some Contemporary Bishul Akum Curiosities] (R' Kaganoff)
#[https://rabbikaganoff.com/the-right-type-of-help/ The Right Type of Help] (R' Kaganoff)
#[https://www.yeshiva.co/midrash/shiur.asp?id=31779 Bishul Akum Problems in the Home] (R' Kaganoff)

==Sources==
<references />
[[Category:Kashrut]]
{{Kashrut}}

Talk:Dvarim SheBichtav

2016-10-11T07:21:38Z

Yaabim:

Does anyone bring down that a Chazan should read the psukim of Kedusha (kadosh kadosh kadosh, baruch, and yimloch) from the ksav to be motzi those people in the tzibur that are still davening shmonah esrei and cannot respond themselves? Mishna Brurah 53:87 quotes the Avudraham who writes that the shaliach tizbbur is called a chazon because he is supposed to look inside the siddur and read. But that's in general and probably not meekev. In terms of reading pesukim to be motzei other people, I didn't find this source, but it sounds right.

I think theres a discussion in the gemara where it says that communities that cannot afford nevi'im scrolls for the haftarah are allowed to read it from a scroll comprised of only nevi'im, and such a scroll isnt really a skav, and although this is a violation of "dvarim shebichtav", still, "eit la'asot La'Hashem hefiru Torasecha". I think the Magen Avraham points out that nowadays with the invention of the printing press, so getting your hands on a full nevi'im isn't so challenging, so we should lichorah use that, and indeed the minhag in many shuls is to use a full Tanach, which has a full copy of that particular week's Navi. But the Chazon Ish (Orach Chaim, Moed, Hilchos Shabbos, Siman 60:11, D"H "Od Katav HaRosh" argues and points out that our printed sfarim dont have a din of a sefer, so there's no maaleh of using a full Tanach instead of the back of a chumash or, lichorah, even a little bar mitzvah boy's pamflet. The minhag in many Hassidic communities is that the whole tzibur reads the haftarah (or megila, besides Esther) to themselves quietly because of the problem of being motzi someone with psukim ba'al peh, while other communities are lenient and rely on our sefarim as not being a violation of dvarim shebichtav. Gra, notably, read shnei mikra from a sefer Torah.

Yashar Koach for your additions.

Dvarim SheBichtav

2016-10-11T07:17:38Z

Yaabim:

Based on a Pasuk, Gittin 60b tells us ”Dvarim SheBichtav Ei Atta Rashei LeOmeran Al Peh” meaning that Torah which is written should not be said be heart. The rishonim introduce many leniencies for this law and the achronim are of different opinions as to whether one should be strict regarding this issue or lenient. This prohibition is brought in Shulchan Aruch in the laws of Pesukei DeZimrah, where this law is a practical issue.<ref> Rav Yehuda is recorded in the Gemara Gittin 60b and Temurah 14b as saying that the written Torah should not be said orally and the Oral Torah should not be written. He bases this off the pasuk ויאמר ה אֶל מֹשֶׁה כְּתָב לְךָ אֶת הַדְּבָרִים הָאֵלֶּה כִּי עַל פִּי הַדְּבָרִים הָאֵלֶּה כָּרַתִּי אִתְּךָ בְּרִית וְאֶת יִשְׂרָאֵל (Shemot 34:27). Rambam (Tefilah 12:8), Tur and Shulchan Aruch 49:1 codify this prohibition as halacha. Tosfot Yeshanim (Yoma 70a s.v. UbeOser)writes that Rav Yehuda’s rule is only a more proper way to do the mitzvah and not mandatory. However Yerushalmi (Megilah 4:1) imply it is a true prohibition and Petach Aynayim (Yoma 70a) writes that the rishonim write as if it is a real prohibition meaning that they disagree with the idea of the Tosfot Yeshanim. Tashbetz 1:2 says that this is a torah prohibition and Chatam Sofer OC 38 agrees. On the other hand, Yereim 268 says that it is only rabbinic. 
* Tosafot Ri"d Megilla 17a says that this prohibition exists because one who recites pesukim by heart might make a mistake.
* Ritva Gittin 60b "Ha Keitzad" says that since there are times when the torah has letters that aren't pronounced and the rabbis derive laws from those, they will be missing if recited by heart.
* Raavan teshuva 42 says the prohibition exists so as not to disgrace Sifrei Torah
* See also Yereim 268, Maharal Tiferet Yisrael 58, and Minchat Asher Parashat Ki Tisa for a longer discussion. </ref>

==Saying Pesukim by Heart==
===Pesukim that are Familiar===
# Even though there is a halacha that Torah SheBechtav (the written Torah, which includes Torah, Neviyim, and Ketuvim)<ref>Kitzur Shulchan Aruch 1:6. Tosafot Temura 14b brings one suggestion that the prohibition only applies to torah but not neviim and ketuvim. However, Rabbenu Gershom Temura 14b says explicitly that it applies to torah, neviim, and ketuvim. </ref> should not be said by heart it is permitted to say “[[Kriyat Shema]]”, “Parshat [[Birkat Cohanim]]”, and “Pesukei DeZimrah” as well as all pesukim in tefillah because people are commonly fluent in them. But pesukim that people are not fluent in and familiar with, one may not say by heart. <ref> Shulchan Aruch 49 permits [[Kriyat Shema]], Parshat Birkat Cohanim and Parshat HaTamid because everyone is fluent in these pesukim. In the rishonim there are many explanations as to why it is permitted to say Mizmorim and Pesukim in prayer by heart (here are only 6 approaches all of which Bet Yosef quotes). Bet Yosef quotes the (1) Mordechai (Gittin 407) who writes that anything that everyone is fluent is permitted. So writes Tosfot Rid (Tanit 28a), Or Zaruh 1:545, and Sh”t Maharam (Prague Edition 313). Bet Yosef also quotes (2)Tosfot (Temurah 14b D”H Devarim) who says that there is only a prohibition by Torah and not Nach. So writes Bach 49. However, Rabbenu Gershom (Terumah 14b) holds it applies to all of Tanach. Similarly, Tosfot Rid (Mehudra Batra Megilah 17b), Smag (Megilah), Or Zaruh 1:378, Mordechai (Megilah 793) and Tosfot (Bava Kama 3b s.v. Kedemetargem Rav Yosef) all imply that it applies to all of Tanach because they deal with the issue in context of pesukim in Nach. (3)Tosfot (Temurah 14b) adds that any reading that is not to fulfill the obligation of others is permitted. So writes Tosfot Yeshanim (Yoma 70a), Yerayim 128, Sh”t Maharam ([[Lulav]] edition 437), Smag (megilah), Tashbetz 185, and Kol Bo 13. Rav Shlomo Bamburger in HaMeayen (Tishrei 5737) writes that those who hold that one may not fulfill the obligation of others only applies if one fulfills the obligation of many others, but for one other person it is totally permissible. However, Shemirat Shabbat KeHilchata (chapter 47 note 142) questions this חידוש. See also Minchat Asher (Ki Tisa pg 415-6).(4) Bet Yosef then quotes the Kol Bo 13 in name of Yerushalmi(Yoma 7:1) that it only applies to Torah reading and not tefillah. This is also the opinion of the Orchot Chaim (Meah [[Brachot]] 14), Rabbenu David Avudraham (Shachrit Shel Chol pg 48), and Rambam (Tefilah 12:8) where he only quotes this prohibition in the context of Torah reading. However Radvaz 4:1205 writes that we do not hold like this Yerushalmi. (5)Kol Bo continues that it does not apply to when pesukim are read without the Torah reading tune. This is also the opinion of Ritva (Yoma 70a),Tosfot Shantz (Terumah 14b), and Radvaz 4:1205. Bet Yosef also quotes (6)Talmidei Rabbenu Yonah (Brachot 5a) who say any pasuk that one is obligated to say can be said by heart. So writes Sefer Charedim (2 Mitzvot Aseh Min HaTorah HaTeluyot BeAynayim). The Siftei Shoshanim 2 and Halacha Brurah 49:1 quote at least another 4 approaches in the rishonim. There are two approaches in the achronim on how to deal with all the leniencies. Magen Avraham 49:1 writes that one should not say pesukim by heart except with the leniency brought by Shulchan Aruch and nothing else. So writes Bear Hetiev 49:1, Tahart HaMayim (Shurei Tahara 4:36), Shedei Chemed (Marechet Chalitzah 33), Sh”t Torah Lishma 197, and Halacha Brurah 49:1. Similarly, Mishna Brurah 49:6 quotes the Magen Avraham and then adds but one can rely on the Chovot Yair to say Tehilim by heart which are [[prayers]] because of the opinion of the Atret Zekenim and Gra. However Aruch HaShulchan 49:3 holds by many of the leniencies and concludes “one does not have to be strict because of the Gedolim we can rely on and I do not know why some were very strict in this matter (Magen Avraham)”. Similarly, Sh”t Tzitz Eliezer 13:11 says that the leniencies are not contradictory. </ref>
# If the one saying the pesukim is fluent in them but most people are not, one should not say it by heart. However if it is impossible in another fashion and one will lose out on one's Torah learning one can be lenient. <ref> Shulchan Aruch 49 based on Tur in name of Rabbenu Chaim rules that one can be lenient if all people are fluent with those pesukim. Bach explains that it means that only the one saying the pasuk needs to be fluent in the pesukim. This is also the opinion of Birkei Yosef 49:4, Erech HaShulchan 49, Mamer Mordechai 49:2, Petach Dvir 49:2, Shlamei Tzibbor (Tefilah 6), Minchat Aharon9:12, and Sh”t Torah Lishma 197. However Magen Avraham argues that everyone needs to know the pesukim in order to recite them by heart. This is also the opinion of Sh”t Shalit Yavetz 1:75, Bear Hetiev 49:1, Shulchan Aruch HaRav 49:1, Derech Chaim (Hashkamat Boker 20), Kitzur Shulchan Aruch 1:6, Chesed LeAlafim 49:1, and Mishna Brurah 49:4. Kaf HaChaim 49:2 and Halacha Brurah 49:1 says if there is no other way one should not lose out on Torah learning because of this. </ref>
# Those who say a pasuk which begins with the first letter of one's name and ends with the last letter of one's name has on what to rely to recite it by heart. <ref> Although, Sh"t Hitorirut Teshuva 1:227 questions this practice, Yalkut Yosef Kitzur S"A 49:12 writes that those who do so have on what to rely. </ref>
# Those who say “Kadesh Li” and “VaHaya Ki Viyecha” after putting on [[Tefillin]] everyday can say these pesukim by heart. But if there is no minhag in that place to say it daily one should be strict not to say it by heart. <ref> Halacha Brurah 49:3, Yalkut Yosef Kitzur S"A 49:13 </ref>

===Fulfilling Others' Obligation===
# If one is fulfilling the obligation of others even if everyone is fluent in the pesukim one should not recite them by heart unless it is impossible to read them from writing. <ref> Pri [[Chadash]] 49 and Halacha Brurah 49:1 say that since Shulchan Aruch does not rule Tosfot’s approach (that it is only forbidden when fulfilling someone else’s obligation. This is from Tosafot Temura 14b) and does rule like the Mordechai’s approach (that it is permitted when everyone is fluent in it) one can be lenient if everyone is fluent in it even in case where one fulfills the obligation of others. However, Eliyah Raba 49:2, Chesed LeAlafim 49:1, Mishna Brurah 49:7 argue that because of the many rishonim and achronim who hold like Tosfot one should be strict any time one is fulfilling the obligation of others. Kaf HaChaim 49:8 says one should be strict if he can. </ref>
# When one is fulfilling the obligation of others, one should be strict not to say these pesukim by heart even if everyone is familiar and knows these pesukim by heart. <Ref>Mishna Brurah 49:6 in name of the Magen Avraham and Buir HaGra. </ref>Therefore, one should be careful to say Vaychulu of [[Kiddish]] and any other pesukim said during [[Kiddish]] (or [[Havdalah]]) from a Siddur so that one does not say pesukim by heart in order to fulfill the obligation of others. However, some defend the minhag. <Ref>Shemirat [[Shabbat]] KeHilchata (chapter 47 halacha 31) is strict based on Mishna Brurah. However, Tzitz Eliezer 17:63, Minchat Asher (Parshat Ki Tisa pg 418), and Otzar Halacha (Siman 49 note 16) defend the minhag by saying that some (Kaf HaChaim 49:8) hold that one can be lenient to say pesukim by heart even in order to fulfill the obligation of others if everyone is familiar with these pesukim. </ref>

===Blind===
# A blind person is allowed to say pesukim by heart since he does not have another way to read the pesukim. <ref> Tosfot (Bava Kama 3b s.v. Kedemargem Rav Yosef), Shitah Mekubeset 3b in name of Rabbenu Yishaya, Sefer Agudah in name of Ri are lenient to allow a blind person to say pesukim by heart. However Or Zaruh 1:545,2:375, Ritva (Yoma 70a), Meiri (Megilah 24a) are strict in this regard. Magen Avraham 49, Sh”t Halachot Ketanot 1:217, Bear Hetiev 49:1, Solet Belulah 49, Derech Chaim (Hashkamat Haboker 20), Sh”t Teshuva MeAhava 2:242, Kitzur Shulchan Aruch 1:6, Shulchan Aruch HaRav 49:1, Kaf HaChaim 49:5, Yalkut Yosef Kitzur S"A 49:12 and Mishna Brurah 49:1 rule leniently like Tosfot. </ref>

===Derasha===
# A Rabbi giving a Dvar Torah quoting many pesukim and it is therefore difficult to read all of them from a sefer has what to rely on to say them by heart. <ref> Mishna Brurah 49:6 and Yalkut Yosef (Pesukei DeZimrah 49:7, She'erit Yosef 2 pg 16), Yalkut Yosef Kitzur S"A 49:7 </ref>

===School===
# The minhag to teach children pesukim by heart in school has what to rely on. <ref> Tzitz Eliezer 13:11 writes that the minhag for children to learn pesukim by heart in class has a reliable source in halacha (based on those who hold like the Rosh that if one is not fulfilling the obligation of others it is permissible, see there). Yalkut Yosef Kitzur S"A 49:8 agrees </ref>

===Targum===
# The Targum (translation) of Torah Shebiketav can be said by heart. <ref> Birkei Yosef 49:1, Sharei Teshuva 49:1, Machzik Beracha 49:4, Kaf Hachaim 49:3, Yalkut Yosef Kitzur S"A 49:14 </ref>

==Links==
* [http://www.yutorah.org/lectures/lecture.cfm/791042/rabbi-elly-storch/saying-torah-shebiksav-writing-torah-sheb-al-peh/ Saying Torah Shebiksav Writing Torah Shebal Peh] by Rabbi Elly Storch
* [http://www.torahmusings.com/2012/03/reciting-prayers-by-heart/ Article on Reciting Prayers by Heart] by Rabbi Ari Enkin
* [http://www.hebrewbooks.org/50243 Sefer Siftei Shoshanim] on Hebrewbooks.org
==Sources==
<references/>
[[Category:Prayer]]

Nine Days

2016-06-16T14:44:44Z

Yaabim:

The Nine Days is time period from the beginning of the month of Av until [[Tisha BeAv]] during which there are a number of practices of [[mourning]] described below. While many of the laws below apply to the entire period of the Nine Days, some of them only apply during the week in which Tishba BaAv falls out (Shevua SheChal Bo). Additionally, these practices are very similar but generally more stringent than those that observed during the [[Three Weeks]].
==Business==
# From the beginning of the month of Av one should reduce one’s involvement in activities of happiness. <Ref>S”A 551:1</ref>
# If one has a lawsuit with a non-Jew one should delay it until the [[month of Elul]] or at least until after [[Tisha BeAv]]. <Ref>S”A 551:1, Mishna Brurah 551:2</ref> Similarly, if one must have a surgery and it can be delayed, one should try to delay it until after [[Tisha BeAv]].<ref>Yalkut Yosef (Moadim p. 557)</ref>
# During the Nine Days, one should refrain from buying materials that are needed for a wedding.<Ref>Mishna Brurah 551:11 </ref> Some authorities are lenient if the groom has not yet fulfilled the mitzvah of Pru Urevu and one will not be able to prepare for the wedding after [[Tisha BeAv]] because the wedding is right after [[Tisha BeAv]] or if there is a concern that the price of the wedding needs will become expensive after [[Tisha BeAv]].<ref>Yalkut Yosef (Moadim p. 558) </ref>
# The minhag is to be lenient to allow one not to reduce one’s regular business during the [[Nine days]]. <Ref>Mishna Brurah 551:11, Yalkut Yosef (Moadim p. 559) </ref>
# One may not build houses or buildings for business purposes during the Nine Days. However, one may hire a non-Jew before the Nine Days with a fixed sum for the entire project and then, he may work during the Nine Days and even on [[Tisha BeAv]]. <Ref>S”A 551:2, Mishna Brurah 511:12 </ref>
# If a wall is going to fall, even if there isn’t a concern of danger but only a concern of loss, one may restore it during the Nine Days. <Ref>S”A 551:2, Mishna Brurah 551:13 </ref>
# If there is a need, one may buy furniture if it is going to be delivered after the [[nine days]].<ref>Halichot Shlomo (p. 426, 14:22)</ref>
# One shouldn't buy important items such as furniture or appliances during the [[nine days]] since it brings a person a lot of pleasure.<ref> Guidelines of the [[Three Weeks]] by Rabbi Elozor Barclay (p. 47) citing Igrot Moshe 3:80 and MeBeyt Levi p. 8 n. 4</ref>

==Taking Haircuts and Shaving==
# The Sephardic minhag is not to take a haircut during the week in which Tishba BaAv falls out (Shevua SheChal Bo)<Ref>S”A 551:3, Yalkut Yosef (Shevua SheChal Bo #1)</ref>, while the Ashkenazic minhag is not to take a haircut during the entire Nine Days. <Ref>Rama 551:3 </ref>
# [[Shaving]] one’s beard or mustache is forbidden just like it is forbidden to take a haircut. <Ref>S”A 551:12 </ref> If one moustache interferes with one’s eating, one may cut it. <ref>S”A 551:13 </ref>
# It is permitted to comb and style one's hair during the [[Three Weeks]] and Nine Days and one doesn't have to worry that one will pull out hairs. <ref> Eliya Rabba 551:7, Shaare Teshuva 551:12, Mishna Brurah 551:20, Aruch Hashulchan 551:15, Sh"t Yechave Daat 6:35 </ref>
# If [[Tisha BeAv]] falls out on [[Shabbat]] and is pushed off until Sunday, according to Sephardim, it's proper not to take a hair cut the week prior to [[Shabbat Chazon]]. However, in regards to [[shaving]], if one shaves regularly and it's difficult not to shave, one may shave during the week before [[Shabbat Chazon]], especially if one is doing so for [[Kavod Shabbat]]. <ref>Yalkut Yosef (Shevua SheChal Bo #11), Yechave Daat 3:39</ref>

==Laundering Clothes==
# The Sephardic minhag is not to launder clothes or wear newly laundered clothes during the week in which Tishba BaAv falls out (Shevua SheChal Bo)<Ref>S”A 551:3</ref>, while the Ashkenazic minhag is not to launder clothes or wear newly laundered clothes during the entire Nine Days. <Ref>Rama 551:3 </ref>
# Some say that one may prepare one's clothing for the week in which [[Tisha BeAv]] falls (Shevua SheChal Bo) by changing one's clothing on [[Shabbat Chazon]] so that one has enough clothes to wear during the next week.<ref>Orchot Rabbenu (vol 2, p. 130) quoting the Stiepler</ref>
# If [[Tisha BeAv]] falls out on [[Shabbat]] and is pushed off until Sunday, according to most Sephardim, one may launder clothing and wear laundered clothing the week prior to [[Shabbat Chazon]]. However, Ashkenazim don't wear laundered clothing the entire Nine Days in any event. <ref>Yalkut Yosef (Shevua SheChal Bo #11), Yechave Daat 3:39</ref>

==Showering, Bathing, and Swimming==
# The minhag in some places is to refrain from bathing during the week which Tisha BeAv falls out and some places have the minhag not to bathe during the Nine Days.<Ref>S”A 551:16 </ref> The Sephardi minhag is only to refrain from bathing in warm water during the week which Tisha BeAv falls out<ref>Yalkut Yosef 551:13</ref>, while the Ashkenazic minhag is to avoid pleasure bathing all 9 days.<ref>Rama 551:16</ref>
# The Ashkenazic minhag is not to go swimming in the Nine Days. <Ref>Sh"t Teshuvot VeHanhagot 2:263, Piskei Teshuvot 551:46
# Some Poskim agree that it is OK to go swimming for exercise, but not for fun.
[http://www.yutorah.org/lectures/lecture.cfm/735559/Rabbi_Aryeh_Lebowitz/Halachos_of_the_Three_Weeks Rabbi Ayreh Lebowitz], Moadei Yeshurun (pg 128) quoting Rav Moshe, Halichot Shlomo (Moadim, vol 2, chap 14, note 7), MeBayit Levi (vol 13, pg 22, note 5) quoting Rav Wosner, Sh"t Rivevot Ephraim 3:333, 4:135:14, 6:285:2, and Shevet HaKehati 1:169:4. [http://books.google.com/books?id=k2lV5wQwwj0C&lpg=PA34&ots=yg-xJtgt00&dq=swimming%20during%20the%20three%20weeks&pg=PA12#v=onepage&q=swimming%20during%20the%20three%20weeks&f=false Rabbi Eider] quotes Rav Moshe Iggerot Moshe Even Haezer 4:84 who says even during the [[nine days]] if one is sweating or dirty and wants to wash off it's permissible to dip in the pool for a short time. Shaarim mitzuyanim bihalacha kuntres acharon 122:12 is lenient with children swimming in private area during the [[nine days]], but not in public, like camps.</ref> The Sephardic minhag, however, is to refrain from swimming in cold water during the week in which [[Tisha BeAv]] falls (Shevua SheChal Bo). <ref> Yalkut Yosef (Shevua SheChal Bo #14) writes that strictly speaking the Sephardic minhag would allow swimming in cold water during Shevua SheChal Bo, however, because of danger it's proper to refrain from it. This is the position of Rav Ovadya Yosef in Sh"t Yechave Daat 1:38. [http://www.dailyhalacha.com/displayRead.asp?readID=2181 Rabbi Mansour on dailyhalacha.com] however, writes that swimming during Shevua SheChal Bo is forbidden because of bathing. See also Or Letzion.</ref>

==Eating Meat and Drinking Wine==
# The Ashkenazic and Sephardic custom is to refrain from meat, poultry, and wine during the [[nine days]]. Ashkenazim include [[Rosh Chodesh]] in this prohibition, while Sephardim are lenient regarding the day of [[Rosh Chodesh]] itself and some Sephardim are strict. <Ref> The gemara Baba Batra 60b quotes the opinion of Rabbi Yishmael Ben Elisha that after the destruction of the Beit HaMikdash, it would have been appropriate for the rabbis to ban eating meat and drinking wine in order to properly mourn. However, since most of the congregation would not be able to abide by this, the rabbis never made it. Biur HaGra OC 551:9 writes that this is the source for refraining from eating meat and drinking wine prior to Tisha B'Av, that although it is impossible to ban eating meat and drinking wine throuvghout the year, it is possible to refrain from meat and wine for a short period of time. The Mishna in Taanit 26b the Gemara 30a discuss the prohibition of eating meat during the seudat hamakseket prior to tisha b'av. Rambam Hilchot Taaniot 5:6 says that the custom is to extend the prohibition beyond that meal. He says that some don't eat meat during the week of tisha b'av, and some don't eat from [[rosh chodesh]] av and onward. Shulchan Aruch 551:9 writes that there are three customs about not eating meat and drinking wine; some refrain only for the week on [[Tisha BeAv]], some refrain for the [[nine days]] (from [[Rosh Chodesh]] Av), some refrain for the whole three weeks. Mishna Brurah 551:58 writes that the Ashkenazic custom is not to eat meat or drink wine for the [[nine days]] including [[Rosh Chodesh]] Av but excluding [[Shabbat]] (Mishna Brurah 551:59). This is also written in the [http://www.torah.org/advanced/weekly-halacha/5762/devarim.html Weekly Halacha by Rabbi Neustadt]. Sh"t Yechave Daat 1:41, Moed Likol Chai 9:15, [http://www.doresh-tzion.co.il/QAShowAnswer.aspx?qaid=97492 Rav Bentzion Mussafi], and Kaf Hachayim 551:125 write that the Sephardic custom is to refrain from eating meat and wine during the [[nine days]], however, on [[Rosh Chodesh]] the minhag is to be lenient, however, some are strict. See also Chazon Ovadyah (Arba Taniyot pg 169), [http://www.dailyhalacha.com/displayRead.asp?readID=2184 Rabbi Mansour on dailyhalacha.com], and Halachot and History of The [[Three Weeks]] (by Rabbi Shlomo Churba, pg 37) who all write that the Sephardic custom is not to eat meat, poultry or wine in the [[nine days]]. </ref>
# Some say that there is what to rely on to have meat leftovers from [[Shabbat]] during the [[nine days]], while others forbid. <Ref>Chazon Ovadyah (Arba Taniyot pg 177) writes that there is what to rely on, as does the Torat Moadim 5:46. Birkei Yosef 551:6 says that in order to encourage proper for fulfillment of the meal itself we allow the leftovers to be eaten later. However, the [http://www.torah.org/advanced/weekly-halacha/5762/devarim.html Weekly Halacha by Rabbi Neustadt] quotes Sh"t Igrot Moshe 4:21(4) who forbids (see there). Aruch Hashulchan 551:24 also forbids it, also see Piskei Teshuvot 551:34. Kaf Hachayim 551:144 says that for melave malka one is permitted to eat meat leftovers as long as he doesn't prepare extra for [[shabbat]] with the intention of having leftovers. [http://www.dailyhalacha.com/displayRead.asp?readID=950 Rabbi Eli Mansour] quotes that Rav Chaim Palachi allows this while Chacham Benzion Abba Shaul says it's better not to. Rabbi Mansour also says that for the remainder of the week kids can eat it lechatchila and if adults eat it one cannot rebuke them. Piskei Teshuvot 551:34 says there are some poskim who permit eating meat for melave malka for someone who usually eats meat for melave malka. </ref>
# One who needs to eat meat for health reasons such as a child, pregnant woman, nursing woman, or an elderly or sick person is permitted to eat meat, but if he can eat chicken that is preferable. <ref> Mishna Brurah 551:64. Yechave Daat 1:41 adds that if they do, they are not required to make a [[hatarat nedarim]]. </ref>
# One may eat meat at a meal for a mitzvah such as the meal of a [[Brit Milah]] and this includes the relatives and friend invited to the meal however, it doesn’t include those who just walk in to eat. <Ref> Chazon Ovadyah (Arba Taniyot pg 196-7). Rama 551:10 allows eating meat for a seudat mitzva, and the Taz there explains that only someone would normally be invited to this seuda, may partake in this meat seuda during this time. If the bris is scheduled to be performed before the [[nine days]], even if it has already been postponed, Shaare Teshuva 551:10 says you cannpot postpone any further to allow eating meat, and one who does this is considered someone who breaches fences. </ref>
# One may eat meat at a meal held for a siyum and this includes the friends and family invited to the meal. <Ref>Chazon Ovadyah (Arba Taaniyot pg 196-8). Although the Rama 551:10 writes that one should minimize the amount of guests invited to this meal, Rav Moshe Feinstein and Rav Shlomo Zalman Auerbach (cited in Nitei Gavriel 18:7), rule that if the one who completes the masechet eats in a communal dining room (such as a camp or hotel), all those who eat with him may participate. Rav Moshe Feinstein quoted in Moadei Yeshurun page 132 says that preferably one shouldn't hold a siyum of a masechet after the sixth of av. Aruch Hashulchan 551:28 says that since nowadays we do not properly celebrate the Torah, preferably no siyums should be held during the [[nine days]]. </ref>
# One may eat meat a meal held for a [[Bar Mitzvah]] only if it’s held the day that the son becomes 13. <ref>Chazon Ovadyah (Arba Taniyot pg 200), Halichot Shlomo (Moadim vol 2 pg 415), Yad Yitzchak 3:230, Yad Efrayim 551:31, Divrei Yatziv 2:238. Even though this is not mentioned by the Rama 551:10 as one of the meals you can eat meat for, Magen Avraham 225:4 says that a bar mitzva meal is a seudat mitzva, because just like siyum on a masechet is the celebration of the culmination of a mitzva, so too a bar mitzva is celebrating culminating the mitzva of [[chinuch]]. </ref>
#It is preferable not to even feed children meat during the [[nine days]], but if you do you may have on who to rely. <ref>Magen Avraham 551:31 says you can give children meat even during the week of tisha b'av because we never had the minhag for kids to mourn. However, he adds that this is only true for a child below the age of [[chinuch]], meaning a child who doesn't understand what we mourn. Mishna Brurah 551:70 and Shaar Hatziyun 551:76 say that although there is no requirement for the child to mourn for the beit hamikdash, the prohibition of feeding children prohibited items discussed in SA OC 343 extends to things that are only prohibited by custom and therefore one shouldn't feed meat to his kids unless for health reasons and the reason the Rama permitted [[Havdalah]] wine for children was for a mitzva. Iggerot Moshe 4:21:4 says even to feed the children meat on Friday afternoon before [[shabbat]] would not be allowed unless they usually eat their [[Friday night meal]] at that hour. Based on the Magen Avraham 551:31, Rabbi David Yosef in torat hamoadim Siman 5 page 190 says there is ample room to be lenient in this case. Aruch Hashulchan 551:26 as well says there is room to be lenient, especially in a case where it is a weak child who can gain a lot from eating the meat. </ref>
# Although the custom is not to eat meat or drink wine during the [[nine days]], stores that sell meat or wine may continue to sell meat or wine because someone who is permitted to eat it, such as a sick person or for a seudat mitzvah may need it. <ref> Iggerot Moshe 4:112 </ref> One is permitted to leave his meat restaurant open during the [[nine days]], because the people who are eating meat during the [[nine days]], without the availability of kosher meat, may go to a non-kosher restaurant but he should preferably serve only chicken. <ref> Yechave Daat 3:38. For more on whether a meat restaurant may remain open, see [http://www.koltorah.org/ravj/Restaurants%20Serving%20Meat%20During%20the%20Nine%20Days.htm Rabbi Chaim Jachter: Restaurants Serving Meat During the Nine Days] </ref>
# One may taste the meat food on erev [[shabbat]] during the [[nine days]] but should try not to swallow any meat ingredients. <ref> Shemirat [[Shabbat]] Kihilchita 42:61 since the Magen Avraham 250:1 quotes the Arizal that this is part of the mitzva of kavod [[shabbat]] to taste the food to make sure it tastes good. </ref>
# One is permitted to buy meat and wine during the [[Nine days]] for use after the [[Nine days]] if there is a sale, or he won't have time afterwards. <ref> Iggerot Moshe 4:112 </ref>
# One is permitted to eat food that was cooked in meat pots, as long as not meat was cooked with it, and one cannot taste the taste of the meat in his food. <ref> Mishna Brurah 551:63, Kaf Hachayim 551:142, Orchot Chaim 31, Nitei Gavriel 38:5. Shaar Hatziyun 551:68 writes that even if a small piece of meat that will not be tasted fell into a dish, it may still be eaten. </ref> Parve food which looks like meat may be eaten during the Nine Days. <ref>Nitei Gavriel 38:6</ref>
# If, by mistake, one recited a blessing over meat or wine, he should taste a bit so that his blessing will not have been in vain. <ref> Sdei Chemed (Bein ha-Metzarim 1:4). See also the topic of mistakenly making a Bracha on food on a fast day at [[Fast_Days#Other_Halachas_of_fast_days]]. </ref>
# Since the minhag is not to drink wine, a question arises as to what we should do with [[Havdalah]]. For sephardim one is permitted to use wine and drink it as usual <ref> Shulchan Aruch 551:10. Yalkut Yosef page 574 adds that one may drink the entire cup. </ref> while for Ashkenazim there are several possibilities. <ref> The Aruch HaShulchan 551:26 says some people have the Minhag to drink beer or another drink that qualifies as Chamar Medina. The Eshel Avraham 551 and the Chazon Ish (quoted in Imrei Yosher, pg. 4) says that those who say [[Havdalah]] every week over wine or grape juice should do the same during the Nine Days as well. Rav Moshe Harari in his Mikraei Kodesh 1:14 say it is preferable to use grape juice as this doesn't cause any joy, and Rav Moshe Karp in Hilchot UMinhagei Ben HaMetsarim chapter 4 note 74 says that in this situation an adult can drink it lechatchila. Rama 551:10 says to preferably give it to a child. Mishna Brurah 551:70 says that it should be a minor above the age of [[chinuch]] but doesn't fully comprehend the concept of [[mourning]] the destruction of the beit hamikdash. Rav Moshe Feinstein quoted in Moadei Yeshurun page 154 says the adults should drink the [[Havdalah]] wine. Darkei Moshe 551:9 says in the name of the Maharil that this can be done lechatchila. See piskei teshuvot 551:35 and Hilchot UMinhagei Ben HaMetsarim chapter 4 note 74 for more poskim who say this. </ref>
# Even somebody who normally uses a cup of wine for [[Birkat HaMazon]], should not during the [[nine days]] except for on [[Shabbat]]. <ref> Rama 551:10 with Mishna Brurah 551:69, Kaf Hachayim 551:152. </ref>
# One may eat meat on [[Shabbat]] during the Nine Days.<Ref>Shulchan Aruch 552:10</ref>If one began a meal on [[Shabbat]] and it continued into the night, one may continue to have meat, however, some are strict in this situation.<Ref>Nitei Gavriel 38:4</ref>
==Weddings==
# The Sephardic minhag is not to get married during the Nine Days <Ref>S”A 551:2 </ref>, while the Ashkenazic minhag is not to get married anytime in the [[Three Weeks]]. <Ref>Rama 551:2 </ref>
# Even if the man has not yet fulfilled the mitzvah of Pru Urevu the minhag is not to get married during the Nine Days including [[Rosh Chodesh]]. <Ref>Yalkut Yosef (Moadim p. 560) </ref>

==Trips and Pleasurable activities==
# Some say that one shouldn't take a pleasure trip during the [[nine days]], while others disagree. <ref>Rivevot Efraim 1:374 quotes one gadol who said that it was forbidden to take pleasurable trips during the [[nine days]]. Afterwards, he writes that this is hard to understand and isn't included in the prohibition of binyan shel simcha.</ref>
# It is permitted to have one's grass cut during the [[nine days]], however, one should refrain from doing so on [[Tisha BeAv]].<Ref>Rivevot Efraim 1:374 quoting Rav Moshe Bick, Rav Chaim Pinchas Scheinberg, and Rav Munk writes that it is permitted to cut one's grass during the [[nine days]], but on [[Tisha BeAv]] itself one should be strict not to.</ref>

==Shehecheyanu==
# It is forbidden to buy new clothes during the Nine Days. <Ref>S”A and Rama 551:7 </ref> Most of these halachot are the same as it is for the [[Three Weeks]], so see the [[Three_Weeks#Saying_Shehecheyanu]].

==Links==
* Article on [http://www.yutorah.org/lectures/lecture.cfm/711706/Rabbi_Josh_Flug/The_Laws_Of_Bein_HaMetzarim The Laws Of Bein HaMetzarim] by Rabbi Josh Flug
* [http://www.yutorah.org/lectures/lecture.cfm/796035/Rabbi_Hershel_Schachter/Halachos_of_the_Nine_Days_and_Rosh_Chodesh Halachos of the Nine Days and Rosh Chodesh] by Rabbi Hershel Schachter
* [http://www.yutorah.org/lectures/lecture.cfm/735779/Rabbi_Aryeh_Lebowitz/Halachos_of_the_Nine_Days Halachos of the Nine Days] by Rabbi Aryeh Lebowitz
==Sources==
<references/>
[[Category:Holidays]]

Kiddushin

2015-04-15T19:43:09Z

Yaabim:

[[Image:Chuppah.png|right|200px]]
While today's engagement's only correspond to dating in a halachic sense<ref>See Mishna Brurah 493:3</ref>, there is a process called Kiddushin which is the halachic act of engagement.<ref>Kiddushin 2a, Rambam (Ishut 1:2)</ref> Once a woman is halachically engaged (''mekudeshet''), she may not marry anyone else unless she receives a halachic divorce (''get'') or if her husband dies.<ref>Mishna Kiddushin 2a, Rambam (Gerushin 1:1)</ref> If the husband dies without children, in certain cases, there is a mitzvah of Chalitza prior to remarrying.<ref>Rambam (Yibum 1:2)</ref>

==How to accomplish Kiddushin==
# Kiddushin in theory could be accomplished in one of three ways: using money, a written document, or through marital relations.<Ref>Mishna Kiddushin 2a, Rambam (Ishut 1:2), Shulchan Aruch 26:4</ref> However, accomplishing Kiddushin through marital relations is a deplorable practice and is strictly forbidden.<ref>The Gemara Kiddushin 12b records Rav's insistence on not accomplishing Kiddushin with marital relations that he would give lashes to anyone who did such. Rashi (s.v. derav) and Rambam (Ishut 3:21) explain that the reason it is deplorable is because it is licentious. Shulchan Aruch EH 26:4 codifies this as halacha. </ref>
# The minhag is to accomplish Kiddushin with money as opposed to a written document. <ref>Rambam (Ishut 3:21). [http://www.yutorah.org/lectures/lecture.cfm/786134/Rabbi_Hershel_Schachter/Hilchos_Siddur_Kiddushin Rav Schachter in a shiur on YUTorah ("Hilchos Siddur Kiddushin", min 4)] explained that the reason we do so is because we are registering our compliance with chazal and disagreement with the karaites who didn't accept Kiddushin through money. Nitai Gavriel (Nesuin v. 1, p. 24-5) offers kabbalistic reasons for why we do Kiddushin with money as opposed to a written document. </ref>

==Ritual results of Kiddushin==
# Once a woman is halachically engaged, it is an extremely serious sin to have relations with anyone else.<ref>Vayikra 20:10, Rambam (Ishut 1:3)</ref> Not only that, there are numerous safeguards some of which are Biblical and some of which are rabbinic which prevent a married woman from becoming too close with another man. These apply equally to a married and halachically engaged woman.<ref>With regards to [[Yichud]], see Avoda Zara 36b. Regarding the numerous other separations between men and women, such as touching, staring inappropriately, speaking together inappropriately, listening to her voice, or even thinking about her inappropriately, see the [[Appropriate Interaction between Men and Women]] page.</ref>

==Procedure of Kiddushin==
# The minhag is to do Kiddushin with a ring.<ref>Shulchan Aruch EH 31:2</ref>
# Some say it is preferable not to do kiddushin at night. <ref>Beer Heitev EH 26:4 quoting the Reem and Knesset HaGedola. See also Tosfot Ketubot 2a s.v. LeYom.</ref> During the winter this is usually impractical.<ref>[http://www.yutorah.org/lectures/lecture.cfm/824763/Rabbi_Hershel_Schachter/Shiur_#54_-_Kesubos_-_Chazara Rav Schachter Ketubot shiur 54 (min 30-7)] said that it is recommended to get married during the day, but during the winter it is impractical and personally his wedding (officiated by Rav Moshe Feinstein) was during the winter and during the night.</ref>

==Edim for Kiddushin==
# It is proper to specify witnesses for the Kiddushin, however, if a mistake occurred and the witnesses were invalid, the marriage is valid as long as other kosher witnesses were watching.<ref>Nefesh HaRav (p. 261). See Chatom Sofer EH 100, Achiezer EH 27. see also [http://www.yutorah.org/lectures/lecture.cfm/820596/Rabbi_Aryeh_Lebowitz/From_The_Rabbi's_Desk_-_Wedding_Questions From_The_Rabbi's_Desk_-_Wedding_Questions] by Rabbi Aryeh Lebowitz</ref>

==Procedure of Tenayim==
# The old minhag was to write the Tenayim at the time of engagement in order to impose a monetary penalty on the party that backs out from the marriage. However, today it isn't written at all or only written immediately before marriage. <ref>[http://www.yutorah.org/lectures/lecture.cfm/827065/Rabbi_Hershel_Schachter/Seder_Kiddushin_and_Nesuin Rav Schachter in "Seder Kiddushin and Nesuin" (min 1-2)]</ref>
# For those who write tenayim prior to the wedding, here's a text according to Rav Moshe Feinstein and the text of other gedolim: [http://www.hebrewbooks.org/pdfpager.aspx?req=46545&pgnum=377 Nitai Gavriel Nesuin v. 1 p. 377].

==The Beracha for Kiddushin (Birkat Erusin)==
'''ברוך אתה ה' אלקנו מלך העולם אשר קדשנו במצותיו וצונו על העריות<ref>The Rambam's text (Hil' Ishut 3:23) reads והבדילנו נן העריות, and it is quoted in the Beit Yosef (34:1), but not Shulchan Aruch. </ref> ואסר לנו את <ref>The Peri Megadim (34:1) points out that the word את does not appear in Shulchan Aruch (34:1), though it does appear in the Gemara (Ketubot 7b), Tur, and all the Siddurim. </ref> הארוסות והתיר לנו את הנשואות לנו<ref>The Ran (Ketubot 7b) quotes Rabbeinu Tam who took out the word נשואות, since this is only Erusin and not Nissuin. He brings Rav Hai Gaon who says that this is also the Minhag of the two Yeshivot in Bavel. The Hagahot Asheri (Ketubot 1:12) quotes the Mordechai in the name of R' Ephraim who says the Minhag is to say it. In Shulchan Aruch (34:1), Maran paskens to say it.</ref> על ידי חופה ב\וקידושין<ref>The Ran (Ketubot 7b) quotes the Baal HaIttur that the proper text of the Beracha is בקידושין and not וקידושין. The mistake arose because in this case they're pronounced the same way and people confused the two. His opinion is quoted by the Beit Yosef (34:1) and incorporated into Shulchan Aruch. The Rama writes that their Minhag is to say וקידושין. </ref> ברוך אתה ה' מקדש עמו ישראל על ידי חופה ב\וקידושין<ref>The Ramban (Ketubot 7b) says that in order for the conclusion of the Beracha to match the opening and because we're only doing Nissuin now nad not Erusin, we should only conclude מקדש עמו ישראל and not add על ידי חופה וקידושין. He claims that Rav Hai Gaon also said the Minhag in the Bavli Yeshivot was not to and that he found a manuscript of the Rif with the words crossed out. The Ramban is quoted in the Rosh (1:12), Ran (ibid.), Tur (34:1), and Beit Yosef (ibid.). The Rambam also does not have those words, and the Shulchan Aruch also paskens that way. The Rama says the Minhag is to say it. It seems that many modern day Sepharadic Siddurim (Kavannat HaLev, Birkat Rafael, Succat David) also have it.</ref><ref>The Hagahot Maimoniot (Hil' Ishut 3:60) quotes the Hagahot of Rabbeinu Peretz on the Smak who says that Rabbeinu Yechiel MiParis would have the Chattan say the Beracha of לקדש האשה, based on the Yerushalmi Berachot 9:3.</ref>'''
#One should make the Beracha before giving the Kallah the ring.<ref>Like all Birkot HaMitzvah, the Beracha must be made before doing the Mitzvah (Pesachim 7b). The Rif (Sh"T 293) and Rambam (Hilchot Ishut 3:23) write that it would be a Beracha Levatala to make the Beracha after the Kiddushin. However, many Rishonim, including Rav Shererah Gaon (Tur 34:4), Tosafot beShem Rabbeinu Tam (Pesachim 7b), Rashba (Ketubot 7b), Raavad (ibid.), She'etot (16), Tosafot Rid (Ketubot 7a), Tosafot HaRosh (Pesachim 7b), Maggid Mishneh (who really agrees with the Rambam, but says the Minhag is not like him), and Ramach, hold that one should make the Beracha afterwards, as it's a Birkat HaShevach. Additionally, it's Teluya beDaat Acherim, meaning that it depends on the woman agreeing, so, if she doesn't, one just made a Beracha Levatala.
*The Rosh (Ketubot 1:12) first brings the opinion of the Rif that one must make the Beracha before, but he then brings the latter opinion and doesn't explicitly take sides. On the other hand, In his Teshuvot (Kllal 26) he explicitly sides with the Rif. The Korban Netanel (2) suggests that the Rosh must really hold like the Rif, but brought the latter opinion to indicate thar if one did forget to make the Beracha before the Kiddushin, there is what to rely on to make it afterwards. The Beit Shmuel (34:4) and Chelkat Mechokek (34:2) both assume like this, as well, though they make no reference to the Rosh.
*The Beit Yosef (34:1b) assumes that the Rosh holds entirely Rif; therefore, since all three Amudei HaHoraah agree, this is the position he writes in Shulchan Aruch (34:1). The Bach takes issue with the Beit Yosef's understanding of the Rosh, as the Rosh himself (later, in 1:17) brings the opinion of Rav Nissim Gaon that one can still make Birkat Erusin up until the Nissuin. The Chiddushei Hagahot (on that Beit Yosef, printed in the Shirat Devorah Tur) raises an important issue in Kllalei HaPesak. He refers to the Kllal brought by the Tur (CM 72) that when faced with a contradiction between the Piskei haRosh and the Teshuvot HaRosh, we follow the Pesakim, so the Shulchan Aruch should've taken this into account. However, the Beit Yosef himself doesn't agree to the rule (YD 169; 201), and it's not totally clear that the Rosh changed his mind in the Pesakim. Additionally, there is little to no practical ramification, as it would be a Machaloket Amudei Horaah of 2 vs. 1, where he would just pasken against the Rosh. See further Sh"T Rambam 101, Rambam Hilchot Berachot 5:5, Sh"T Tashbetz (2:27), Meiri (Pesachim 7b), Hagahot Rabbi Akiva Eiger (YD 19:1).
*As referenced above, there are a number of Rishonim who were of the opinion that one may make the Birkat Erusin until the Nissuin, as the Biblical permisibility of one to his wife accomplished through the Erusin has not yet ended, similar to one's ability to make Birkat HaMazon as long as the food has not been fully digested in his body. Those Rishonim include the Hagahot Maimoniot (Hil' Ishut 3, 60), Hagahot Asheri (Ketubot 1:12), Rav Nissim Gaon and Rabbeinu Yonah (quoted in the Rosh Ketubot 1:17, Tur 34), the Rivash (Sh"T 82), Mordechai (Ketubot 1:131), Rama (34:1). See Mishneh LeMelech (Hil' Ishut 3). As it does "look" like a Beracha Levatala, when one makes Birkat Erusin at Nissuin, some Rishonim (Sh"t HaRivash 88, R' Peretz quoted in Beit Yosef 34:3, See Darkei Moshe 34:6) suggest redoing the Maaseh Kiddushin. Others even say one should repeat the Beracha (Rabbeinu Nissim quoted in Beit Yosef 34:3, Kol Bo quoted in Darkei Moshe 34:6,7), especially if he did the original Kiddushin through a Shaliach. The former Rishonim said that would be a Beracha Levatala, and one should only say the Beracha without Shem uMalchut. The Rama (34:4) paskens like the Rivash. It is unclear why they didn't think that was a Hefsek between HaGefen and drinking.
</ref>
#The Minhag is that the Mesader Kiddushin is the one who makes the Beracha.<ref>The Rama (34:1) writes that even though when one does a Mitzvah himself and not through a Shaliach he makes the Beracha himself, in order not to embarrass one who does not know how to make a Beracha, the Minhag developed that someone else makes the Beracha.
*With regards to making Birkat Erusin via a Shaliach, See Tosafot Ketubot 7b and Tur 34:1 who says the Shaliach makes the Beracha. The Rambam (Hil' Ishut 3:23) says that either one may makes the Beracha. Shulchan Aruch (34:1) sounds like one makes the Beracha himself regardless, and there the Rama makes his above comment. See Magen Avraham OC 432:6, Meiri beginning of second Perek of Kiddushin, Darkei Moshe (34:7, 35:1, and 62:7).</ref>
#One should make Birkat Erusin over a cup of wine. If there is no wine available, one may use Shechar. If there is neither wine nor Shechar available, one may make Birkat Erusin without them. <ref>Rambam (Hil' Ishut 3:24), Maggid Mishneh (ibid.), Shulchan Aruch 34:2, Darkei Moshe 34:7. This is only true by Birkat Erusin, not [[Sheva Berachot]]</ref>

==Sources==
<references/>
[[Category:Lifecycles]]
[[Category:Interactions between Men and Women]]

Inappropriate Speech

2015-04-15T18:44:31Z

Yaabim:

The Torah goes out of its way in a verbose way in order to use clean speed and to teach us a lesson in the importance of the purity of one's tongue. Therefore, a person shouldn't let a vile expression exit his mouth. <ref>Gemara Pesachim 3a</ref>
==Gravity of the Sin==
# The Gemara states that even though everyone knows why a bride enters a wedding canopy, the one who fouls his mouth to speak about it will loose any good decree God had in store for him and that decree will be turned into a harsh decree.<ref>Gemara [[Shabbat]] 33a. See Mesilat Yesharim (Ch. 11) who explains that [[vile speech]] is an extension of the prohibition of not exposing or seeing a person's nakedness.</ref>
==Using Positive Speech==
# One should compliment a bride in a way that is nice and kind. <Ref> Gemara Ketubot 17a</ref>
# See the page about the [[Prohibition of Lying]] for details about [[lying]] for constructive purposes.
==Sources==
<references/>
[[Category:Between Man And His Fellow]]
[[Category:Interactions between Men and Women]]

Netilat Yadayim upon Waking Up

2015-04-01T11:52:52Z

Yaabim:

When one wakes up in the morning there is a mitzvah to wash one's hands three times with a cup. The details of when and how it should be done are described below:
==Procedure for Washing One's Hands==
# One should wash with a cup or some sort of vessel. <ref> Shulchan Aruch 4:7, Kitzur Shulchan Aruch 2:4, Mishna Brurah 4:15, Kitzur S"A of Rav Mordechai Eliyahu 2:1. </ref> If there is no cup available, according to Ashkenazim, if one is in an extenuating circumstance and one wants to pray, one may wash without a cup with a bracha. According to Sephardim, if one washes without a cup, such as if one washes directly from the faucet, one should not recite a bracha. <ref> Kitzur Shulchan Aruch 2:6 writes that in an extenuating circumstance when there is no cup available and one wants to pray one should wash without a cup and with a bracha. However, Rav Mordechai Eliyahu (comments on Kitzur Shulchan Aruch 2:9) writes that if one washes without a cup one should not make the bracha. Halacha Berura 4:12 also writes that if one washes from the faucet one should not make the bracha.</ref>
# One should wash up to one's wrists. If there is not enough water available, it is sufficient to wash up to one's major knuckles (where one's fingers connect to the hand). <ref> Mishna Brurah 4:9 writes that one should wash up to one's wrists and if there happens not to be enough water, it is sufficient to wash up to one's knuckles. Kitzur Shulchan Aruch 2:3 agrees. Ben Ish Chai (Parashat Toldot #2) writes that one must wash until one's wrists except for on [[Yom Kippur]] and [[Tisha BeAv]] when one may only wash up to one's knuckles. </ref>
# One should wash one's right hand first, then one's left, and repeat this process two more times so that one washes each hand 3 times alternating hands. Some say one should wash each hand 4 times. <ref>Mishna Brurah 4:9</ref>
# Before pouring the water the filled vessel should be picked up with the right hand and passed to the left hand. <ref> Ben Ish Hai, Toledot, Halacha 1; Kaf HaChaim 4:12 </ref>
# Even a lefty should begin to wash his right hand first.<Ref>Kaf HaChaim 4:35, Artzot HaChaim 4:10, Halacha Brurah 4:22</ref>
# One may not derive benefit from the water that one washed one's hands with.<Ref>Kitzur Shulchan Aruch 2:4</ref>

==When Should One Wash One's Hands?==
# One should wash one's hands immediately after one's recitation of [[Modeh Ani]]. <ref> Shulchan Aruch 4:1 </ref>
# According to Ashkenazim, if one needs to go to the bathroom upon [[waking up]] and after going to the bathroom one will be ready for [[davening]], one should wash without a bracha upon [[waking up]] and after having gone to the bathroom wash again with the bracha of Al [[Netilat Yadayim]]. <ref> Magen Avraham 4:1 quotes the Ketavim of the Arizal as saying that one should wash with the Bracha and then go to the bathroom, however he disagrees and feels that it would be preferable to wash with a Bracha after going to the bathroom. He adds that if one needs to go to the bathroom, then it is forbidden to wash with a Bracha before going to the bathroom. The Kitzur Shulchan Aruch 2:7 and Mishna Brurah 4:4 agree with the Magen Avraham; one should wash with a Bracha after going to the bathroom. They add that one should also wash without a Bracha before going to the bathroom. </ref>
# According to Ashkenazim, if after having gone to the bathroom one will still not be ready for [[davening]] and will have to go to the bathroom another time before [[davening]] (as is common when one wakes up a long time before [[davening]]), one should wash without a Bracha upon [[waking up]], wash a second time without a Bracha after having gone to the bathroom the first time, and then wash a third time with a Bracha of Al [[Netilat Yadayim]] when one is ready for [[davening]] after having gone to the bathroom a second time. Some say that one does not need to wash before going to the bathroom and also that after having gone to the bathroom one should wash without a cup and without the Bracha, and then when one is ready for [[davening]] one should wash again using a cup and make the Bracha. <ref>
* If one is not going to be ready for [[davening]] after having gone to the bathroom the first time, the Beiur Halacha (4:1 s.v. Afliu) presents two opinions about when it is preferable to wash one's hands with the Bracha of Al [[Netilat Yadayim]]. The Chaye Adam holds that it is preferable to wash without a Bracha upon [[waking up]] and when one is ready for [[davening]] to wash again with the Bracha, while the Shaarei [[Teshuva]] holds that one should wash with the Bracha after going to the bathroom even if one is not totally ready for [[davening]]. The Beiur Halacha rules like the Chaye Adam that upon [[waking up]] one should wash without a Bracha and when one is ready for [[davening]] to wash again with the Bracha.
* Rav Shlomo Zalman (quoted in Halichot Shlomo [[Tefilla]] 2:23, pg 23) rules like the Chaye Adam and states when one is washing one's hands after having gone to the bathroom in the morning and one knows that one will need to go to the bathroom again before [[davening]], the first time one should wash without a Bracha and after going to the bathroom the second time when one is ready for [[davening]] one should wash with the Bracha.
* Rav Mordechai Willig in Am Mordechai ([[Brachot]], Siman 11, pg 45-8) writes that one should go to the bathroom, wash without a cup, and then when one is ready for [[davening]] wash again with a cup and make the bracha of Al [[Netilat Yadayim]]. </ref>
# According to Sephardim, one may get dressed, go to the bathroom, and then wash and make the Bracha of [[Al Netilat Yadayim]]. However, it is preferable upon [[waking up]] to wash without a Bracha and then after having gone to the bathroom to wash again with a Bracha unless one has an urgent need to go to the bathroom, in which case one should go to the bathroom before washing one's hands. <Ref> Yalkut Yosef (vol 1, pg 384). Rav Ovadia Yosef in Halichot Olam (v. 1, p. 32) disagrees with the Ben Ish Chai (Toldot #6) who says that one should not touch one's clothes before [[Netilat Yadayim]]. This is quoted by [https://www.dailyhalacha.com/Display.asp?PageIndex=119&ClipID=1521 Rabbi Mansour on dailyhalacha.com]. Halacha Brurah 4:4 writes that if one needs to go to the bathroom one should first go to the bathroom and then wash one's hands with a Bracha of Al [[Netilat Yadayim]]. However, some are strict to wash twice, once before going to the bathroom and once afterward and only make the Bracha the second time. If the need to go to the bathroom is urgent then certainly one should go to the bathroom and only wash afterwards. </ref>

==What Is Permissible before Washing Hands?==
# It is permissible to say [[Modeh Ani]] before washing hands. <ref> Mishna Brurah 1:8, Kitzur Shulchan Aruch 1:2, Shulchan Aruch HaRav 1:6 </ref>
# It is not permissible to learn or even think Torah before washing one's hands. <ref> Mishna Brurah 1:8, Shulchan Aruch HaRav 1:6 </ref>
# One should wash one's hands before walking 4 [[amot]]. <ref> Mishna Brurah 1:1, Kitzur Shulchan Aruch 2:1. See also Piskei Teshuvot 1:7 who writes that the minhag is that one should wash one's hands even before putting one's feet on the ground. </ref> However some are lenient in this regard. <ref> BeYitzchak Yikrah 1:2 comments that the tradition from the Gra that the Ruach Rah on hands was nullified with the death of Rabbi Avraham the Ger applies only to laws of the Zohar and not the Talmud Bavli and since this law is sourced in the Zohar, there is reason to be lenient. </ref>
# If the water is further than 4 [[Amot]] away some say that it is better to walk less than 4 [[amot]] at a time while others say it is better to go there quickly if it is still in the same house. <ref> Mishna Brurah 1:2 </ref>
# It is permitted to get dressed prior to washing one’s hands. <Ref> Yalkut Yosef (vol 1 pg 7), Sh”t Yabia Omer 5:1, Sh”t Otzrot Yosef 1:1 </ref>
# It is preferable to be strict and not to walk more than 4 [[amot]] prior to [[Netilat Yadayim]]. <ref>The Tolat Yacov (Seder [[Netilat Yadayim]]) quotes the Zohar saying that it is forbidden to walk 4 [[amot]] prior to washing [[Netilat Yadayim]]. (1) The Bach (beginning of 4) writes that S”A did not quote the Zohar because many people would not be able to fulfill the law. Sh”t Shevut Yacov 3:1 defends the minhag by saying that either the entire law of the Zohar is not applicable since the Talmud Balvi argues on it, or that the entire house is considered within 4 [[amot]]. The Eliyah Rabba 1:4 argues on the Shevut Yacov but defends the minhag by saying that perhaps the law does not apply nowadays. The Lechem Mishna (Shevitat Esor 3:12) and Yam Shel Shlomo (Chullin 31)agree. (2) On the other hand the Chida (Birkei Yosef 1:1) writes that it is a serious Halacha, most people are strict about, therefore if the water is far away one should walk less than 4 [[amot]] at a time to get the water. So writes the Shalmei Tzibbur 18c, Chesed LeAlaphim 4:12, Ruach Chaim 4:1, and Petach Dvir 4:1. However, the Shaarei [[Teshuva]] 1:2 and Siddur Bet Ovad 6:3 argue that if the water is far away one should rush to get to the water as soon as one can. (3) In conclusion, Sh”t Otzrot Yosef 1:2 writes in the name of Rav Ovadyah Yosef that in cases of need, one may rely on the lenient opinions especially if one went to sleep after [[Chatzot]]. So too, Mishna Brurah 1:2 writes that one may rely on the Shevut Yacov (that a house is like 4 [[amot]]) in cases of great need. </ref>
# One should not touch any foods before washing one's hands. If one did unintentionally, the food should be washed three times. If this is impossible, one should preferably refrain from eating it. If necessary though, one can eat it without washing it. <ref> Yabia Omer 4:1, Otzrot Yosef 1:10 </ref>

==When Does One Need to Wash Hands?==
# Before [[Shacharit]] or [[Mincha]] (specifically the [[Shemoneh Esrei]]) one should wash hands if there was a long interruption from the time of the original washing upon rising. <ref> Shulchan Aruch 92:5 writes that if there was an interruption between the washing upon rising in the morning and praying, one should wash one's hands if water is available. This is brought down in Yalkut Yosef (Tefilah pg 330). </ref> If water is not available one does not need to wash one's hands, but only to rub them against something hard. <ref> Mishna Brurah 92:26 writes that since one cannot find water for Stam hands one does not need to wash them, but rather rub them against that which cleanses them. </ref>
# If one actually touched an unclean part of the body or went to the bathroom, one must search and find water to wash one's hands for [[Shemoneh Esrei]]. <ref> Mishna Brurah 92:27 writes that this applies only if one has Stam hands. Shulchan Aruch is lenient and states one does not have to search for water if it is not around, however if there is a certain impurity such as if one touched an unclean area or went to the bathroom, one certainly must wash hands. Kaf Hachayim 4:86 writes that if one is in the middle of the [[Shemoneh Esrei]] and one realizes one touched something that would obligate one to wash, one should just wipe one's hands on "midi diminakei" such as one's clothes, wood, or stone. </ref>
# However, in order to say [[Brachot]], [[Kriyat Shema]], or learn Torah one does not need to wash one's hands. <ref> Mishna Brurah 92:25 writes that implied in the Shulchan Aruch is, that not only does [[Shemoneh Esrei]] require clean hands, but for [[learning Torah]], [[Kriyat Shema]] or [[Brachot]] Stam hands (they are in doubt, they are not certainly clean or unclean) are sufficient. However, Mishna Brurah also quotes the Pri Megadim 4, who writes that [[Kriyat Shema]] does need washed hands. </ref>
# If one slept in a bed during the day, one should wash [[Netilat Yadayim]] without a Bracha. <ref> Halacha Berura 4:47 </ref>

==Someone who Stayed up All Night==
# If one slept less than 30 minutes <ref> Kitzur S”A 2:8, Dinei Nieyor Kol HaLaylah (pg 42) in name of Rav Chaim Kanievsky </ref> or slept in a temporary fashion (putting one’s head on the table, <ref>Ishei Yisrael 2:33 note 110, Piskei Teshuvot </ref>, or on a couch or chair) <ref> Halacha Berura 4:47 </ref> in the morning, one should wash without a Bracha. <Ref> Mishna Brurah 4:27, Ishei Yisrael 2:33, Birkei Yosef 4:5 </ref>
# If one woke up and has in mind to go back to sleep, one should wash without a Bracha and then when one wakes up the second time one should wash with a Bracha. <Ref> Piskei Teshuvot 1:6 writes that it is preferable to wash when one wakes up the first time, however, it makes sense not to make a Bracha since one is not ready to daven as in Beiur Halacha 4:1 s.v. Afilu. Halichot Shlomo ([[Tefillah]] pg 170) agrees. </ref>
# If one wakes up in the middle of the night and wants to take a drink, one should preferably wash one's hands first, but if this is too difficult he can just wipe his hands on a blanket and then have the drink. <ref> Or Litzion 2:1:8 </ref>
# If one wakes up after [[Chatzot]], and one will still need to go to the bathroom before [[davening]], one should not make the Bracha of Al [[Netilat Yadayim]] until after one went to the bathroom and then it should be said together with [[Brachot HaShachar]], however, if one knows that one does not need to go to the bathroom before [[Davening]], one should make the Bracha of [[Netilat Yadayim]] as close as possible to [[waking up]]. <Ref> Beiur Halacha 4:1 s.v. Afilu as ruling like the Chaye Adam, Ishei Yisrael 2:31, Dinei Nieyor Kol HaLaylah (pg 42), Halichot Olam 2:23, See Piskei Teshuvot 4:2 who writes that one can go like the Chaye Adam or like the Mekubalim </ref>
# If one washed with a Bracha before [[Olot HaShachar]], one should wash again at Olot without a Bracha. <Ref> S”A 4:14, Mishna Brurah 4:31, Ishei Yisrael 2:31 </ref>
# If one wakes up before [[Chatzot]], one should wash without a Bracha, and then after Olot Hashachar one should dirty one’s hands (by touching a or by going to the bathroom) and then wash with a Bracha. <Ref>Beiur Halacha 4:13 s.v. Kol, Ishei Yisrael 2:32, Dinei Nieyor Kol HaLaylah (pg 41) </ref>
# If one stayed up all night, one should wash in the morning without a bracha. <ref>The Shulchan Aruch (4:13) writes that there is a doubt whether one makes a Bracha on [[Netilat Yadayim]] on the morning after staying up all night. Similarly, the Rama (4:13) comments that one should do [[Netilat Yadayim]] without a Bracha.
* The source of the Shulchan Aruch's doubt is the dispute for doing [[Netilat Yadayim]] in the morning. The Rosh ([[Brachot]] 9:23) says because one's hands are "עסקניות" (literally busy) and they may have touched an unclean part of the body during one's sleep, it's an obligation to do [[Netilat Yadayim]] in the morning. As a support to his view that we wash our hands for cleanliness before [[prayer]] he quotes the pasuk from Tehilim (26:6) "אֶרְחַץ בְּנִקָּיוֹן כַּפָּי ". On the other hand, the Rashba (Teshuvat HaRashba 1:191) argues on the Rosh claiming that there is no source for the idea of the Rosh. Rather the reason is that we are purifying our hands for the whole day (theoretically even to cover washing before bread) and the reason that we do it specifically before [[Shacharit]] is that when we wake up in the morning it's as if we are created anew as it says in Eicha (3:23) חֲדָשִׁים לַבְּקָרִים רַבָּה אֱמוּנָתֶךָ.
* A practical difference (explained by the Bet Yosef 4:13) that emerges from the dispute is a case of a person that didn't go to sleep at night. According to the Rosh, since one didn't go to sleep there is no doubt that a person would have touched an unclean area and so, there's no need for [[Netilat Yadayim]]. On the other hand, the Rashba holds that since we are created new everyday we need [[Netilat Yadayim]] even if one didn't go to sleep that night. Another concern that compounds the doubt of the Shulchan Aruch is the aspect of רוח רעה that is mentioned by the Tur (4:1) and so, even according to the Rosh one should still need to do [[Netilat Yadayim]]. Nonetheless based on a quote from the Zohar (Vayishlach 169b), the Bet Yosef ({{ibid}}) argues that the issue of רוח רעה only applies to the nighttime.
* Rav Ovadiah(Chazon Ovadiah, [[Shavuot]], note 25) mentions that even though the Maharsham (3:126) holds that one even makes a bracha on [[Netilat Yadayim]] of [[Birkat Cohanim]] and going to the bathroom; nevertheless, we don't hold like the Maharsham in this Halacha, says Rav Ovadiah Yosef.
* The Mishna Brurah(4:27) adds that if one indeed went to sleep a שינת קבע (a substantial sleep) on his bed, then one makes [[Netilat Yadayim]] with a Bracha.
</ref>

==When to Recite the Bracha==
# The minhag is to make the Bracha of Al Netilat Yadiyim between washing and drying one’s hands. <Ref> S”A 158:11 writes that the Bracha of [[Netilat Yadayim]] is like most other [[Brachot]] that have to be made prior to completing the mitzvah. Therefore concludes S”A the practice is to rub one’s hands to clean them (so one can make the Bracha), then make the Bracha prior to washing. However, Mishna Brurah 158:41 writes that the minhag of the world is to make the Bracha after washing but before drying like the Rama writes is permissible. </ref>
# However, many Sephardim follow the Shulchan Aruch, who says that as long as one's hands are clean one should make the Bracha BEFORE washing one's hands. <Ref> As quoted in previous source, S”A 158:11 writes that the Bracha of [[Netilat Yadayim]] is like most other [[Brachot]] that have to be made prior to completing the mitzvah, and so one should rub one’s hands to clean them (so one can make the Bracha), then make the Bracha prior to washing. This practice of many Sephardim such as those from Colombia to make the Bracha before washing one’s hands, does not follow the opinion of the Rama who says you can make the Bracha after washing but before drying. </ref>
# If one forgot to make the Bracha of Al [[Netilat Yadayim]] before drying one’s hands, according to Ashekazim one is permitted to make a Bracha of [[Netilat Yadayim]] until one makes the [[Hamotzei]]. However, Sephardim hold that once one’s hands are totally dry one may not make the Bracha. <Ref> Rama 158:11 writes that if one forgot to make a Bracha before drying one’s hand one can make the Bracha after drying. Mishna Brurah 158:44 supports the Rama by saying that [[Netilat Yadayim]] is different than other [[Brachot]] and may be made after the mitzvah is completed. Mishna Brurah writes that even though the Taz forbids making the Bracha after drying hands, since most achronim hold like the Rama one should act according to the Rama, but one should be careful to avoid such a situation. For Sephardim Ben Ish Chai Shemini:Halacha 7 and Chacham Ovadia Yosef in Halichot Olam 1:page 317 rule that once you dry your hands you can no longer make the beracha. </ref>
# Some have the custom to wait until going to shul to make the beracha of netilat yadayim. However, this is not the minhag of the Sepharadim. In any case, one shouldn't make the beracha upon both waking up and going to shul. <ref> Shulchan Aruch 6:2 </ref>

==Interruptions (Chatzitza) Between the Hand and Water==
#Anything that is considered an interruption between the body and water for tevilla is also for [[Netilat Yadayim]]. The two qualifications that would make it interrupt are that 1. that it covers most of the skin. 2. that it is something you don't want to always be there. <ref> Shulchan Aruch 161:1 based on gemara chullin 106b. </ref>
#Most poskim hold that a ring should be removed, <ref> Shulchan Aruch 161:3, Mishna Brurah 161:17, Iggeros Chazon Ish 1:4. The Rama 161:3 adds that even thoguh some are meikil if the ring is loose, one should be machmir even though water could get through. Kaf Hachayim 161:32 says that if you have an expensive ring that you are afraid to remove, then you can first pour a [[Revi'it]] of water on the right hand where the ring is, then move the ring a little and pour again, but when you move the ring it has to be with a hand that’s already been washed. Rav Chaim Kanievsky (Daad Note 251 footnote 249 says that this requirement to remove the ring is only for washing for a meal, and therefore if the ring is loose you wouldn't need to remove it for the morning [[Netilat Yadayim]]. According to Mishna Brurah 161:19, Aruch HaShulchan 161:6, and Rivevot Ephraim 1:127 if someone doesn't remove their ring for anything, then they also wouldn't have to for [[Netilat Yadayim]]. </ref> but if a loose ring wasn't removed you don't need to repeat the washing. <ref> Mishna Brurah 161:18 </ref>
#One should remove the dirt under his nails before washing his hands. <ref> Ben Ish Chai Kedoshim 24. Shulchan Aruch HaRav 161:4 and Kaf HaChaim 161:4 say that this is only for dirt that is bothersome to somebody and he would usually remove it. </ref>
# If a person has a something that cannot be removed covering his hand (a cast), he should wash the hand hand three times and make the beracha as usual. <ref> Yechave Daat 2:19, Kaf Hachayim 158:4. Aruch Hashulchan 163:2 says that the beracha should not be recited when only one hand is washed even if for a permissible reason. </ref>

==Who is Obligated==
# Women are equally obligated to wash [[Netilat Yadayim]]. <ref> Pri Megadim (M"Z 4:7), Mishna Brurah 4:10, Kaf Hachayim 4:20, and Halacha Brurah 4:21. Kaf HaChaim points out that in fact, women may have a greater obligation because they have more control over the purity of their houses since they prepare the food and feed the children. </ref>
# There is a difference of opinions when a child should be taught to wash his hands in the morning. Some say that a child of 5 or 6 should be taught, while others say that once the child is able to eat on his own should taught. <ref>
*Shulchan Aruch Harav 4:2, Eishel Avraham OC 4, and Rav Shlomo Zalman Auerbach in Halichot Shlomo 20:25 say that the obligation for children to wash begins at the age of [[chinuch]] for other mitzvot which is approximately 5 or 6.
*Mishna Brurah 4:10 (based on Pri Megadim 7) says the obligation begins at the time when the child begins to eat on his own. Ben Ish Hai, Toledot 10 agrees.
*Rav Yaakov Kamenetsky in Emet LeYacov 4:10 says that it begins when a child is old enough to say [[amen]] to a beracha or recite a pasuk in torah.
*The Kaf Hachayim 4:23 and Ben Ish Chai (Toldot #10) say that even a newborn's hands should be washed by his parents. See further [http://torah.org/advanced/weekly-halacha/5766/lechlecha.html Rabbi Neustadt at torah.org]</ref>

==Sources==
<references/>
[[Category:Netilat Yadayim]]
[[Category:Orach Chaim]]

Netilat Yadayim upon Waking Up

2015-04-01T08:07:23Z

Yaabim: /* Interruptions (Chatzitza) Between the Hand and Water */

When one wakes up in the morning there is a mitzvah to wash one's hands three times with a cup. The details of when and how it should be done are described below:
==Procedure for Washing One's Hands==
# One should wash with a cup or some sort of vessel. <ref> Shulchan Aruch 4:7, Kitzur Shulchan Aruch 2:4, Mishna Brurah 4:15, Kitzur S"A of Rav Mordechai Eliyahu 2:1. </ref> If there is no cup available, according to Ashkenazim, if one is in an extenuating circumstance and one wants to pray, one may wash without a cup with a bracha. According to Sephardim, if one washes without a cup, such as if one washes directly from the faucet, one should not recite a bracha. <ref> Kitzur Shulchan Aruch 2:6 writes that in an extenuating circumstance when there is no cup available and one wants to pray one should wash without a cup and with a bracha. However, Rav Mordechai Eliyahu (comments on Kitzur Shulchan Aruch 2:9) writes that if one washes without a cup one should not make the bracha. Halacha Berura 4:12 also writes that if one washes from the faucet one should not make the bracha.</ref>
# One should wash up to one's wrists. If there is not enough water available, it is sufficient to wash up to one's major knuckles (where one's fingers connect to the hand). <ref> Mishna Brurah 4:9 writes that one should wash up to one's wrists and if there happens not to be enough water, it is sufficient to wash up to one's knuckles. Kitzur Shulchan Aruch 2:3 agrees. Ben Ish Chai (Parashat Toldot #2) writes that one must wash until one's wrists except for on [[Yom Kippur]] and [[Tisha BeAv]] when one may only wash up to one's knuckles. </ref>
# One should wash one's right hand first, then one's left, and repeat this process two more times so that one washes each hand 3 times alternating hands. Some say one should wash each hand 4 times. <ref>Mishna Brurah 4:9</ref>
# Before pouring the water the filled vessel should be picked up with the right hand and passed to the left hand. <ref> Ben Ish Hai, Toledot, Halacha 1; Kaf HaChaim 4:12 </ref>
# Even a lefty should begin to wash his right hand first.<Ref>Kaf HaChaim 4:35, Artzot HaChaim 4:10, Halacha Brurah 4:22</ref>
# One may not derive benefit from the water that one washed one's hands with.<Ref>Kitzur Shulchan Aruch 2:4</ref>

==When Should One Wash One's Hands?==
# One should wash one's hands immediately after one's recitation of [[Modeh Ani]]. <ref> Shulchan Aruch 4:1 </ref>
# According to Ashkenazim, if one needs to go to the bathroom upon [[waking up]] and after going to the bathroom one will be ready for [[davening]], one should wash without a bracha upon [[waking up]] and after having gone to the bathroom wash again with the bracha of Al [[Netilat Yadayim]]. <ref> Magen Avraham 4:1 quotes the Ketavim of the Arizal as saying that one should wash with the Bracha and then go to the bathroom, however he disagrees and feels that it would be preferable to wash with a Bracha after going to the bathroom. He adds that if one needs to go to the bathroom, then it is forbidden to wash with a Bracha before going to the bathroom. The Kitzur Shulchan Aruch 2:7 and Mishna Brurah 4:4 agree with the Magen Avraham; one should wash with a Bracha after going to the bathroom. They add that one should also wash without a Bracha before going to the bathroom. </ref>
# According to Ashkenazim, if after having gone to the bathroom one will still not be ready for [[davening]] and will have to go to the bathroom another time before [[davening]] (as is common when one wakes up a long time before [[davening]]), one should wash without a Bracha upon [[waking up]], wash a second time without a Bracha after having gone to the bathroom the first time, and then wash a third time with a Bracha of Al [[Netilat Yadayim]] when one is ready for [[davening]] after having gone to the bathroom a second time. Some say that one does not need to wash before going to the bathroom and also that after having gone to the bathroom one should wash without a cup and without the Bracha, and then when one is ready for [[davening]] one should wash again using a cup and make the Bracha. <ref>
* If one is not going to be ready for [[davening]] after having gone to the bathroom the first time, the Beiur Halacha (4:1 s.v. Afliu) presents two opinions about when it is preferable to wash one's hands with the Bracha of Al [[Netilat Yadayim]]. The Chaye Adam holds that it is preferable to wash without a Bracha upon [[waking up]] and when one is ready for [[davening]] to wash again with the Bracha, while the Shaarei [[Teshuva]] holds that one should wash with the Bracha after going to the bathroom even if one is not totally ready for [[davening]]. The Beiur Halacha rules like the Chaye Adam that upon [[waking up]] one should wash without a Bracha and when one is ready for [[davening]] to wash again with the Bracha.
* Rav Shlomo Zalman (quoted in Halichot Shlomo [[Tefilla]] 2:23, pg 23) rules like the Chaye Adam and states when one is washing one's hands after having gone to the bathroom in the morning and one knows that one will need to go to the bathroom again before [[davening]], the first time one should wash without a Bracha and after going to the bathroom the second time when one is ready for [[davening]] one should wash with the Bracha.
* Rav Mordechai Willig in Am Mordechai ([[Brachot]], Siman 11, pg 45-8) writes that one should go to the bathroom, wash without a cup, and then when one is ready for [[davening]] wash again with a cup and make the bracha of Al [[Netilat Yadayim]]. </ref>
# According to Sephardim, one may get dressed, go to the bathroom, and then wash and make the Bracha of [[Al Netilat Yadayim]]. However, it is preferable upon [[waking up]] to wash without a Bracha and then after having gone to the bathroom to wash again with a Bracha unless one has an urgent need to go to the bathroom, in which case one should go to the bathroom before washing one's hands. <Ref> Yalkut Yosef (vol 1, pg 384). Rav Ovadia Yosef in Halichot Olam (v. 1, p. 32) disagrees with the Ben Ish Chai (Toldot #6) who says that one should not touch one's clothes before [[Netilat Yadayim]]. This is quoted by [https://www.dailyhalacha.com/Display.asp?PageIndex=119&ClipID=1521 Rabbi Mansour on dailyhalacha.com]. Halacha Brurah 4:4 writes that if one needs to go to the bathroom one should first go to the bathroom and then wash one's hands with a Bracha of Al [[Netilat Yadayim]]. However, some are strict to wash twice, once before going to the bathroom and once afterward and only make the Bracha the second time. If the need to go to the bathroom is urgent then certainly one should go to the bathroom and only wash afterwards. </ref>

==What Is Permissible before Washing Hands?==
# It is permissible to say [[Modeh Ani]] before washing hands. <ref> Mishna Brurah 1:8, Kitzur Shulchan Aruch 1:2, Shulchan Aruch HaRav 1:6 </ref>
# It is not permissible to learn or even think Torah before washing one's hands. <ref> Mishna Brurah 1:8, Shulchan Aruch HaRav 1:6 </ref>
# One should wash one's hands before walking 4 [[amot]]. <ref> Mishna Brurah 1:1, Kitzur Shulchan Aruch 2:1. See also Piskei Teshuvot 1:7 who writes that the minhag is that one should wash one's hands even before putting one's feet on the ground. </ref> However some are lenient in this regard. <ref> BeYitzchak Yikrah 1:2 comments that the tradition from the Gra that the Ruach Rah on hands was nullified with the death of Rabbi Avraham the Ger applies only to laws of the Zohar and not the Talmud Bavli and since this law is sourced in the Zohar, there is reason to be lenient. </ref>
# If the water is further than 4 [[Amot]] away some say that it is better to walk less than 4 [[amot]] at a time while others say it is better to go there quickly if it is still in the same house. <ref> Mishna Brurah 1:2 </ref>
# It is permitted to get dressed prior to washing one’s hands. <Ref> Yalkut Yosef (vol 1 pg 7), Sh”t Yabia Omer 5:1, Sh”t Otzrot Yosef 1:1 </ref>
# It is preferable to be strict and not to walk more than 4 [[amot]] prior to [[Netilat Yadayim]]. <ref>The Tolat Yacov (Seder [[Netilat Yadayim]]) quotes the Zohar saying that it is forbidden to walk 4 [[amot]] prior to washing [[Netilat Yadayim]]. (1) The Bach (beginning of 4) writes that S”A did not quote the Zohar because many people would not be able to fulfill the law. Sh”t Shevut Yacov 3:1 defends the minhag by saying that either the entire law of the Zohar is not applicable since the Talmud Balvi argues on it, or that the entire house is considered within 4 [[amot]]. The Eliyah Rabba 1:4 argues on the Shevut Yacov but defends the minhag by saying that perhaps the law does not apply nowadays. The Lechem Mishna (Shevitat Esor 3:12) and Yam Shel Shlomo (Chullin 31)agree. (2) On the other hand the Chida (Birkei Yosef 1:1) writes that it is a serious Halacha, most people are strict about, therefore if the water is far away one should walk less than 4 [[amot]] at a time to get the water. So writes the Shalmei Tzibbur 18c, Chesed LeAlaphim 4:12, Ruach Chaim 4:1, and Petach Dvir 4:1. However, the Shaarei [[Teshuva]] 1:2 and Siddur Bet Ovad 6:3 argue that if the water is far away one should rush to get to the water as soon as one can. (3) In conclusion, Sh”t Otzrot Yosef 1:2 writes in the name of Rav Ovadyah Yosef that in cases of need, one may rely on the lenient opinions especially if one went to sleep after [[Chatzot]]. So too, Mishna Brurah 1:2 writes that one may rely on the Shevut Yacov (that a house is like 4 [[amot]]) in cases of great need. </ref>
# One should not touch any foods before washing one's hands. If one did unintentionally, the food should be washed three times. If this is impossible, one should preferably refrain from eating it. If necessary though, one can eat it without washing it. <ref> Yabia Omer 4:1, Otzrot Yosef 1:10 </ref>

==When Does One Need to Wash Hands?==
# Before [[Shacharit]] or [[Mincha]] (specifically the [[Shemoneh Esrei]]) one should wash hands if there was a long interruption from the time of the original washing upon rising. <ref> Shulchan Aruch 92:5 writes that if there was an interruption between the washing upon rising in the morning and praying, one should wash one's hands if water is available. This is brought down in Yalkut Yosef (Tefilah pg 330). </ref> If water is not available one does not need to wash one's hands, but only to rub them against something hard. <ref> Mishna Brurah 92:26 writes that since one cannot find water for Stam hands one does not need to wash them, but rather rub them against that which cleanses them. </ref>
# If one actually touched an unclean part of the body or went to the bathroom, one must search and find water to wash one's hands for [[Shemoneh Esrei]]. <ref> Mishna Brurah 92:27 writes that this applies only if one has Stam hands. Shulchan Aruch is lenient and states one does not have to search for water if it is not around, however if there is a certain impurity such as if one touched an unclean area or went to the bathroom, one certainly must wash hands. Kaf Hachayim 4:86 writes that if one is in the middle of the [[Shemoneh Esrei]] and one realizes one touched something that would obligate one to wash, one should just wipe one's hands on "midi diminakei" such as one's clothes, wood, or stone. </ref>
# However, in order to say [[Brachot]], [[Kriyat Shema]], or learn Torah one does not need to wash one's hands. <ref> Mishna Brurah 92:25 writes that implied in the Shulchan Aruch is, that not only does [[Shemoneh Esrei]] require clean hands, but for [[learning Torah]], [[Kriyat Shema]] or [[Brachot]] Stam hands (they are in doubt, they are not certainly clean or unclean) are sufficient. However, Mishna Brurah also quotes the Pri Megadim 4, who writes that [[Kriyat Shema]] does need washed hands. </ref>
# If one slept in a bed during the day, one should wash [[Netilat Yadayim]] without a Bracha. <ref> Halacha Berura 4:47 </ref>

==Someone who Stayed up All Night==
# If one slept less than 30 minutes <ref> Kitzur S”A 2:8, Dinei Nieyor Kol HaLaylah (pg 42) in name of Rav Chaim Kanievsky </ref> or slept in a temporary fashion (putting one’s head on the table, <ref>Ishei Yisrael 2:33 note 110, Piskei Teshuvot </ref>, or on a couch or chair) <ref> Halacha Berura 4:47 </ref> in the morning, one should wash without a Bracha. <Ref> Mishna Brurah 4:27, Ishei Yisrael 2:33, Birkei Yosef 4:5 </ref>
# If one woke up and has in mind to go back to sleep, one should wash without a Bracha and then when one wakes up the second time one should wash with a Bracha. <Ref> Piskei Teshuvot 1:6 writes that it is preferable to wash when one wakes up the first time, however, it makes sense not to make a Bracha since one is not ready to daven as in Beiur Halacha 4:1 s.v. Afilu. Halichot Shlomo ([[Tefillah]] pg 170) agrees. </ref>
# If one wakes up in the middle of the night and wants to take a drink, one should preferably wash one's hands first, but if this is too difficult he can just wipe his hands on a blanket and then have the drink. <ref> Or Litzion 2:1:8 </ref>
# If one wakes up after [[Chatzot]], and one will still need to go to the bathroom before [[davening]], one should not make the Bracha of Al [[Netilat Yadayim]] until after one went to the bathroom and then it should be said together with [[Brachot HaShachar]], however, if one knows that one does not need to go to the bathroom before [[Davening]], one should make the Bracha of [[Netilat Yadayim]] as close as possible to [[waking up]]. <Ref> Beiur Halacha 4:1 s.v. Afilu as ruling like the Chaye Adam, Ishei Yisrael 2:31, Dinei Nieyor Kol HaLaylah (pg 42), Halichot Olam 2:23, See Piskei Teshuvot 4:2 who writes that one can go like the Chaye Adam or like the Mekubalim </ref>
# If one washed with a Bracha before [[Olot HaShachar]], one should wash again at Olot without a Bracha. <Ref> S”A 4:14, Mishna Brurah 4:31, Ishei Yisrael 2:31 </ref>
# If one wakes up before [[Chatzot]], one should wash without a Bracha, and then after Olot Hashachar one should dirty one’s hands (by touching a or by going to the bathroom) and then wash with a Bracha. <Ref>Beiur Halacha 4:13 s.v. Kol, Ishei Yisrael 2:32, Dinei Nieyor Kol HaLaylah (pg 41) </ref>
# If one stayed up all night, one should wash in the morning without a bracha. <ref>The Shulchan Aruch (4:13) writes that there is a doubt whether one makes a Bracha on [[Netilat Yadayim]] on the morning after staying up all night. Similarly, the Rama (4:13) comments that one should do [[Netilat Yadayim]] without a Bracha.
* The source of the Shulchan Aruch's doubt is the dispute for doing [[Netilat Yadayim]] in the morning. The Rosh ([[Brachot]] 9:23) says because one's hands are "עסקניות" (literally busy) and they may have touched an unclean part of the body during one's sleep, it's an obligation to do [[Netilat Yadayim]] in the morning. As a support to his view that we wash our hands for cleanliness before [[prayer]] he quotes the pasuk from Tehilim (26:6) "אֶרְחַץ בְּנִקָּיוֹן כַּפָּי ". On the other hand, the Rashba (Teshuvat HaRashba 1:191) argues on the Rosh claiming that there is no source for the idea of the Rosh. Rather the reason is that we are purifying our hands for the whole day (theoretically even to cover washing before bread) and the reason that we do it specifically before [[Shacharit]] is that when we wake up in the morning it's as if we are created anew as it says in Eicha (3:23) חֲדָשִׁים לַבְּקָרִים רַבָּה אֱמוּנָתֶךָ.
* A practical difference (explained by the Bet Yosef 4:13) that emerges from the dispute is a case of a person that didn't go to sleep at night. According to the Rosh, since one didn't go to sleep there is no doubt that a person would have touched an unclean area and so, there's no need for [[Netilat Yadayim]]. On the other hand, the Rashba holds that since we are created new everyday we need [[Netilat Yadayim]] even if one didn't go to sleep that night. Another concern that compounds the doubt of the Shulchan Aruch is the aspect of רוח רעה that is mentioned by the Tur (4:1) and so, even according to the Rosh one should still need to do [[Netilat Yadayim]]. Nonetheless based on a quote from the Zohar (Vayishlach 169b), the Bet Yosef ({{ibid}}) argues that the issue of רוח רעה only applies to the nighttime.
* Rav Ovadiah(Chazon Ovadiah, [[Shavuot]], note 25) mentions that even though the Maharsham (3:126) holds that one even makes a bracha on [[Netilat Yadayim]] of [[Birkat Cohanim]] and going to the bathroom; nevertheless, we don't hold like the Maharsham in this Halacha, says Rav Ovadiah Yosef.
* The Mishna Brurah(4:27) adds that if one indeed went to sleep a שינת קבע (a substantial sleep) on his bed, then one makes [[Netilat Yadayim]] with a Bracha.
</ref>

==When to Recite the Bracha==
# The minhag is to make the Bracha of Al Netilat Yadiyim between washing and drying one’s hands. <Ref> S”A 158:11 writes that the Bracha of [[Netilat Yadayim]] is like most other [[Brachot]] that have to be made prior to completing the mitzvah. Therefore concludes S”A the practice is to rub one’s hands to clean them (so one can make the Bracha), then make the Bracha prior to washing. However, Mishna Brurah 158:41 writes that the minhag of the world is to make the Bracha after washing but before drying like the Rama writes is permissible. </ref>
# However, many Sephardim follow the Shulchan Aruch, who says that as long as one's hands are clean one should make the Bracha BEFORE washing one's hands. <Ref> As quoted in previous source, S”A 158:11 writes that the Bracha of [[Netilat Yadayim]] is like most other [[Brachot]] that have to be made prior to completing the mitzvah, and so one should rub one’s hands to clean them (so one can make the Bracha), then make the Bracha prior to washing. This practice of many Sephardim such as those from Colombia to make the Bracha before washing one’s hands, does not follow the opinion of the Rama who says you can make the Bracha after washing but before drying.
# If one forgot to make the Bracha of Al [[Netilat Yadayim]] before drying one’s hands, according to Ashekazim one is permitted to make a Bracha of [[Netilat Yadayim]] until one makes the [[Hamotzei]]. However, Sephardim hold that once one’s hands are totally dry one may not make the Bracha. <Ref> Rama 158:11 writes that if one forgot to make a Bracha before drying one’s hand one can make the Bracha after drying. Mishna Brurah 158:44 supports the Rama by saying that [[Netilat Yadayim]] is different than other [[Brachot]] and may be made after the mitzvah is completed. Mishna Brurah writes that even though the Taz forbids making the Bracha after drying hands, since most achronim hold like the Rama one should act according to the Rama, but one should be careful to avoid such a situation. For Sephardim Ben Ish Chai Shemini:Halacha 7 and Chacham Ovadia Yosef in Halichot Olam 1:page 317 rule that once you dry your hands you can no longer make the beracha. </ref>
# Some have the custom to wait until going to shul to make the beracha of netilat yadayim. However, this is not the minhag of the Sepharadim. In any case, one shouldn't make the beracha upon both waking up and going to shul. <ref> Shulchan Aruch 6:2 </ref>

==Interruptions (Chatzitza) Between the Hand and Water==
#Anything that is considered an interruption between the body and water for tevilla is also for [[Netilat Yadayim]]. The two qualifications that would make it interrupt are that 1. that it covers most of the skin. 2. that it is something you don't want to always be there. <ref> Shulchan Aruch 161:1 based on gemara chullin 106b. </ref>
#Most poskim hold that a ring should be removed, <ref> Shulchan Aruch 161:3, Mishna Brurah 161:17, Iggeros Chazon Ish 1:4. The Rama 161:3 adds that even thoguh some are meikil if the ring is loose, one should be machmir even though water could get through. Kaf Hachayim 161:32 says that if you have an expensive ring that you are afraid to remove, then you can first pour a [[Revi'it]] of water on the right hand where the ring is, then move the ring a little and pour again, but when you move the ring it has to be with a hand that’s already been washed. Rav Chaim Kanievsky (Daad Note 251 footnote 249 says that this requirement to remove the ring is only for washing for a meal, and therefore if the ring is loose you wouldn't need to remove it for the morning [[Netilat Yadayim]]. According to Mishna Brurah 161:19, Aruch HaShulchan 161:6, and Rivevot Ephraim 1:127 if someone doesn't remove their ring for anything, then they also wouldn't have to for [[Netilat Yadayim]]. </ref> but if a loose ring wasn't removed you don't need to repeat the washing. <ref> Mishna Brurah 161:18 </ref>
#One should remove the dirt under his nails before washing his hands. <ref> Ben Ish Chai Kedoshim 24. Shulchan Aruch HaRav 161:4 and Kaf HaChaim 161:4 say that this is only for dirt that is bothersome to somebody and he would usually remove it. </ref>
# If a person has a something that cannot be removed covering his hand (a cast), he should wash the hand hand three times and make the beracha as usual. <ref> Yechave Daat 2:19, Kaf Hachayim 158:4. Aruch Hashulchan 163:2 says that the beracha should not be recited when only one hand is washed even if for a permissible reason. </ref>

==Who is Obligated==
# Women are equally obligated to wash [[Netilat Yadayim]]. <ref> Pri Megadim (M"Z 4:7), Mishna Brurah 4:10, Kaf Hachayim 4:20, and Halacha Brurah 4:21. Kaf HaChaim points out that in fact, women may have a greater obligation because they have more control over the purity of their houses since they prepare the food and feed the children. </ref>
# There is a difference of opinions when a child should be taught to wash his hands in the morning. Some say that a child of 5 or 6 should be taught, while others say that once the child is able to eat on his own should taught. <ref>
*Shulchan Aruch Harav 4:2, Eishel Avraham OC 4, and Rav Shlomo Zalman Auerbach in Halichot Shlomo 20:25 say that the obligation for children to wash begins at the age of [[chinuch]] for other mitzvot which is approximately 5 or 6.
*Mishna Brurah 4:10 (based on Pri Megadim 7) says the obligation begins at the time when the child begins to eat on his own. Ben Ish Hai, Toledot 10 agrees.
*Rav Yaakov Kamenetsky in Emet LeYacov 4:10 says that it begins when a child is old enough to say [[amen]] to a beracha or recite a pasuk in torah.
*The Kaf Hachayim 4:23 and Ben Ish Chai (Toldot #10) say that even a newborn's hands should be washed by his parents. See further [http://torah.org/advanced/weekly-halacha/5766/lechlecha.html Rabbi Neustadt at torah.org]</ref>

==Sources==
<references/>
[[Category:Netilat Yadayim]]
[[Category:Orach Chaim]]

Netilat Yadayim upon Waking Up

2015-04-01T08:03:44Z

Yaabim: /* When to Recite the Bracha */

When one wakes up in the morning there is a mitzvah to wash one's hands three times with a cup. The details of when and how it should be done are described below:
==Procedure for Washing One's Hands==
# One should wash with a cup or some sort of vessel. <ref> Shulchan Aruch 4:7, Kitzur Shulchan Aruch 2:4, Mishna Brurah 4:15, Kitzur S"A of Rav Mordechai Eliyahu 2:1. </ref> If there is no cup available, according to Ashkenazim, if one is in an extenuating circumstance and one wants to pray, one may wash without a cup with a bracha. According to Sephardim, if one washes without a cup, such as if one washes directly from the faucet, one should not recite a bracha. <ref> Kitzur Shulchan Aruch 2:6 writes that in an extenuating circumstance when there is no cup available and one wants to pray one should wash without a cup and with a bracha. However, Rav Mordechai Eliyahu (comments on Kitzur Shulchan Aruch 2:9) writes that if one washes without a cup one should not make the bracha. Halacha Berura 4:12 also writes that if one washes from the faucet one should not make the bracha.</ref>
# One should wash up to one's wrists. If there is not enough water available, it is sufficient to wash up to one's major knuckles (where one's fingers connect to the hand). <ref> Mishna Brurah 4:9 writes that one should wash up to one's wrists and if there happens not to be enough water, it is sufficient to wash up to one's knuckles. Kitzur Shulchan Aruch 2:3 agrees. Ben Ish Chai (Parashat Toldot #2) writes that one must wash until one's wrists except for on [[Yom Kippur]] and [[Tisha BeAv]] when one may only wash up to one's knuckles. </ref>
# One should wash one's right hand first, then one's left, and repeat this process two more times so that one washes each hand 3 times alternating hands. Some say one should wash each hand 4 times. <ref>Mishna Brurah 4:9</ref>
# Before pouring the water the filled vessel should be picked up with the right hand and passed to the left hand. <ref> Ben Ish Hai, Toledot, Halacha 1; Kaf HaChaim 4:12 </ref>
# Even a lefty should begin to wash his right hand first.<Ref>Kaf HaChaim 4:35, Artzot HaChaim 4:10, Halacha Brurah 4:22</ref>
# One may not derive benefit from the water that one washed one's hands with.<Ref>Kitzur Shulchan Aruch 2:4</ref>

==When Should One Wash One's Hands?==
# One should wash one's hands immediately after one's recitation of [[Modeh Ani]]. <ref> Shulchan Aruch 4:1 </ref>
# According to Ashkenazim, if one needs to go to the bathroom upon [[waking up]] and after going to the bathroom one will be ready for [[davening]], one should wash without a bracha upon [[waking up]] and after having gone to the bathroom wash again with the bracha of Al [[Netilat Yadayim]]. <ref> Magen Avraham 4:1 quotes the Ketavim of the Arizal as saying that one should wash with the Bracha and then go to the bathroom, however he disagrees and feels that it would be preferable to wash with a Bracha after going to the bathroom. He adds that if one needs to go to the bathroom, then it is forbidden to wash with a Bracha before going to the bathroom. The Kitzur Shulchan Aruch 2:7 and Mishna Brurah 4:4 agree with the Magen Avraham; one should wash with a Bracha after going to the bathroom. They add that one should also wash without a Bracha before going to the bathroom. </ref>
# According to Ashkenazim, if after having gone to the bathroom one will still not be ready for [[davening]] and will have to go to the bathroom another time before [[davening]] (as is common when one wakes up a long time before [[davening]]), one should wash without a Bracha upon [[waking up]], wash a second time without a Bracha after having gone to the bathroom the first time, and then wash a third time with a Bracha of Al [[Netilat Yadayim]] when one is ready for [[davening]] after having gone to the bathroom a second time. Some say that one does not need to wash before going to the bathroom and also that after having gone to the bathroom one should wash without a cup and without the Bracha, and then when one is ready for [[davening]] one should wash again using a cup and make the Bracha. <ref>
* If one is not going to be ready for [[davening]] after having gone to the bathroom the first time, the Beiur Halacha (4:1 s.v. Afliu) presents two opinions about when it is preferable to wash one's hands with the Bracha of Al [[Netilat Yadayim]]. The Chaye Adam holds that it is preferable to wash without a Bracha upon [[waking up]] and when one is ready for [[davening]] to wash again with the Bracha, while the Shaarei [[Teshuva]] holds that one should wash with the Bracha after going to the bathroom even if one is not totally ready for [[davening]]. The Beiur Halacha rules like the Chaye Adam that upon [[waking up]] one should wash without a Bracha and when one is ready for [[davening]] to wash again with the Bracha.
* Rav Shlomo Zalman (quoted in Halichot Shlomo [[Tefilla]] 2:23, pg 23) rules like the Chaye Adam and states when one is washing one's hands after having gone to the bathroom in the morning and one knows that one will need to go to the bathroom again before [[davening]], the first time one should wash without a Bracha and after going to the bathroom the second time when one is ready for [[davening]] one should wash with the Bracha.
* Rav Mordechai Willig in Am Mordechai ([[Brachot]], Siman 11, pg 45-8) writes that one should go to the bathroom, wash without a cup, and then when one is ready for [[davening]] wash again with a cup and make the bracha of Al [[Netilat Yadayim]]. </ref>
# According to Sephardim, one may get dressed, go to the bathroom, and then wash and make the Bracha of [[Al Netilat Yadayim]]. However, it is preferable upon [[waking up]] to wash without a Bracha and then after having gone to the bathroom to wash again with a Bracha unless one has an urgent need to go to the bathroom, in which case one should go to the bathroom before washing one's hands. <Ref> Yalkut Yosef (vol 1, pg 384). Rav Ovadia Yosef in Halichot Olam (v. 1, p. 32) disagrees with the Ben Ish Chai (Toldot #6) who says that one should not touch one's clothes before [[Netilat Yadayim]]. This is quoted by [https://www.dailyhalacha.com/Display.asp?PageIndex=119&ClipID=1521 Rabbi Mansour on dailyhalacha.com]. Halacha Brurah 4:4 writes that if one needs to go to the bathroom one should first go to the bathroom and then wash one's hands with a Bracha of Al [[Netilat Yadayim]]. However, some are strict to wash twice, once before going to the bathroom and once afterward and only make the Bracha the second time. If the need to go to the bathroom is urgent then certainly one should go to the bathroom and only wash afterwards. </ref>

==What Is Permissible before Washing Hands?==
# It is permissible to say [[Modeh Ani]] before washing hands. <ref> Mishna Brurah 1:8, Kitzur Shulchan Aruch 1:2, Shulchan Aruch HaRav 1:6 </ref>
# It is not permissible to learn or even think Torah before washing one's hands. <ref> Mishna Brurah 1:8, Shulchan Aruch HaRav 1:6 </ref>
# One should wash one's hands before walking 4 [[amot]]. <ref> Mishna Brurah 1:1, Kitzur Shulchan Aruch 2:1. See also Piskei Teshuvot 1:7 who writes that the minhag is that one should wash one's hands even before putting one's feet on the ground. </ref> However some are lenient in this regard. <ref> BeYitzchak Yikrah 1:2 comments that the tradition from the Gra that the Ruach Rah on hands was nullified with the death of Rabbi Avraham the Ger applies only to laws of the Zohar and not the Talmud Bavli and since this law is sourced in the Zohar, there is reason to be lenient. </ref>
# If the water is further than 4 [[Amot]] away some say that it is better to walk less than 4 [[amot]] at a time while others say it is better to go there quickly if it is still in the same house. <ref> Mishna Brurah 1:2 </ref>
# It is permitted to get dressed prior to washing one’s hands. <Ref> Yalkut Yosef (vol 1 pg 7), Sh”t Yabia Omer 5:1, Sh”t Otzrot Yosef 1:1 </ref>
# It is preferable to be strict and not to walk more than 4 [[amot]] prior to [[Netilat Yadayim]]. <ref>The Tolat Yacov (Seder [[Netilat Yadayim]]) quotes the Zohar saying that it is forbidden to walk 4 [[amot]] prior to washing [[Netilat Yadayim]]. (1) The Bach (beginning of 4) writes that S”A did not quote the Zohar because many people would not be able to fulfill the law. Sh”t Shevut Yacov 3:1 defends the minhag by saying that either the entire law of the Zohar is not applicable since the Talmud Balvi argues on it, or that the entire house is considered within 4 [[amot]]. The Eliyah Rabba 1:4 argues on the Shevut Yacov but defends the minhag by saying that perhaps the law does not apply nowadays. The Lechem Mishna (Shevitat Esor 3:12) and Yam Shel Shlomo (Chullin 31)agree. (2) On the other hand the Chida (Birkei Yosef 1:1) writes that it is a serious Halacha, most people are strict about, therefore if the water is far away one should walk less than 4 [[amot]] at a time to get the water. So writes the Shalmei Tzibbur 18c, Chesed LeAlaphim 4:12, Ruach Chaim 4:1, and Petach Dvir 4:1. However, the Shaarei [[Teshuva]] 1:2 and Siddur Bet Ovad 6:3 argue that if the water is far away one should rush to get to the water as soon as one can. (3) In conclusion, Sh”t Otzrot Yosef 1:2 writes in the name of Rav Ovadyah Yosef that in cases of need, one may rely on the lenient opinions especially if one went to sleep after [[Chatzot]]. So too, Mishna Brurah 1:2 writes that one may rely on the Shevut Yacov (that a house is like 4 [[amot]]) in cases of great need. </ref>
# One should not touch any foods before washing one's hands. If one did unintentionally, the food should be washed three times. If this is impossible, one should preferably refrain from eating it. If necessary though, one can eat it without washing it. <ref> Yabia Omer 4:1, Otzrot Yosef 1:10 </ref>

==When Does One Need to Wash Hands?==
# Before [[Shacharit]] or [[Mincha]] (specifically the [[Shemoneh Esrei]]) one should wash hands if there was a long interruption from the time of the original washing upon rising. <ref> Shulchan Aruch 92:5 writes that if there was an interruption between the washing upon rising in the morning and praying, one should wash one's hands if water is available. This is brought down in Yalkut Yosef (Tefilah pg 330). </ref> If water is not available one does not need to wash one's hands, but only to rub them against something hard. <ref> Mishna Brurah 92:26 writes that since one cannot find water for Stam hands one does not need to wash them, but rather rub them against that which cleanses them. </ref>
# If one actually touched an unclean part of the body or went to the bathroom, one must search and find water to wash one's hands for [[Shemoneh Esrei]]. <ref> Mishna Brurah 92:27 writes that this applies only if one has Stam hands. Shulchan Aruch is lenient and states one does not have to search for water if it is not around, however if there is a certain impurity such as if one touched an unclean area or went to the bathroom, one certainly must wash hands. Kaf Hachayim 4:86 writes that if one is in the middle of the [[Shemoneh Esrei]] and one realizes one touched something that would obligate one to wash, one should just wipe one's hands on "midi diminakei" such as one's clothes, wood, or stone. </ref>
# However, in order to say [[Brachot]], [[Kriyat Shema]], or learn Torah one does not need to wash one's hands. <ref> Mishna Brurah 92:25 writes that implied in the Shulchan Aruch is, that not only does [[Shemoneh Esrei]] require clean hands, but for [[learning Torah]], [[Kriyat Shema]] or [[Brachot]] Stam hands (they are in doubt, they are not certainly clean or unclean) are sufficient. However, Mishna Brurah also quotes the Pri Megadim 4, who writes that [[Kriyat Shema]] does need washed hands. </ref>
# If one slept in a bed during the day, one should wash [[Netilat Yadayim]] without a Bracha. <ref> Halacha Berura 4:47 </ref>

==Someone who Stayed up All Night==
# If one slept less than 30 minutes <ref> Kitzur S”A 2:8, Dinei Nieyor Kol HaLaylah (pg 42) in name of Rav Chaim Kanievsky </ref> or slept in a temporary fashion (putting one’s head on the table, <ref>Ishei Yisrael 2:33 note 110, Piskei Teshuvot </ref>, or on a couch or chair) <ref> Halacha Berura 4:47 </ref> in the morning, one should wash without a Bracha. <Ref> Mishna Brurah 4:27, Ishei Yisrael 2:33, Birkei Yosef 4:5 </ref>
# If one woke up and has in mind to go back to sleep, one should wash without a Bracha and then when one wakes up the second time one should wash with a Bracha. <Ref> Piskei Teshuvot 1:6 writes that it is preferable to wash when one wakes up the first time, however, it makes sense not to make a Bracha since one is not ready to daven as in Beiur Halacha 4:1 s.v. Afilu. Halichot Shlomo ([[Tefillah]] pg 170) agrees. </ref>
# If one wakes up in the middle of the night and wants to take a drink, one should preferably wash one's hands first, but if this is too difficult he can just wipe his hands on a blanket and then have the drink. <ref> Or Litzion 2:1:8 </ref>
# If one wakes up after [[Chatzot]], and one will still need to go to the bathroom before [[davening]], one should not make the Bracha of Al [[Netilat Yadayim]] until after one went to the bathroom and then it should be said together with [[Brachot HaShachar]], however, if one knows that one does not need to go to the bathroom before [[Davening]], one should make the Bracha of [[Netilat Yadayim]] as close as possible to [[waking up]]. <Ref> Beiur Halacha 4:1 s.v. Afilu as ruling like the Chaye Adam, Ishei Yisrael 2:31, Dinei Nieyor Kol HaLaylah (pg 42), Halichot Olam 2:23, See Piskei Teshuvot 4:2 who writes that one can go like the Chaye Adam or like the Mekubalim </ref>
# If one washed with a Bracha before [[Olot HaShachar]], one should wash again at Olot without a Bracha. <Ref> S”A 4:14, Mishna Brurah 4:31, Ishei Yisrael 2:31 </ref>
# If one wakes up before [[Chatzot]], one should wash without a Bracha, and then after Olot Hashachar one should dirty one’s hands (by touching a or by going to the bathroom) and then wash with a Bracha. <Ref>Beiur Halacha 4:13 s.v. Kol, Ishei Yisrael 2:32, Dinei Nieyor Kol HaLaylah (pg 41) </ref>
# If one stayed up all night, one should wash in the morning without a bracha. <ref>The Shulchan Aruch (4:13) writes that there is a doubt whether one makes a Bracha on [[Netilat Yadayim]] on the morning after staying up all night. Similarly, the Rama (4:13) comments that one should do [[Netilat Yadayim]] without a Bracha.
* The source of the Shulchan Aruch's doubt is the dispute for doing [[Netilat Yadayim]] in the morning. The Rosh ([[Brachot]] 9:23) says because one's hands are "עסקניות" (literally busy) and they may have touched an unclean part of the body during one's sleep, it's an obligation to do [[Netilat Yadayim]] in the morning. As a support to his view that we wash our hands for cleanliness before [[prayer]] he quotes the pasuk from Tehilim (26:6) "אֶרְחַץ בְּנִקָּיוֹן כַּפָּי ". On the other hand, the Rashba (Teshuvat HaRashba 1:191) argues on the Rosh claiming that there is no source for the idea of the Rosh. Rather the reason is that we are purifying our hands for the whole day (theoretically even to cover washing before bread) and the reason that we do it specifically before [[Shacharit]] is that when we wake up in the morning it's as if we are created anew as it says in Eicha (3:23) חֲדָשִׁים לַבְּקָרִים רַבָּה אֱמוּנָתֶךָ.
* A practical difference (explained by the Bet Yosef 4:13) that emerges from the dispute is a case of a person that didn't go to sleep at night. According to the Rosh, since one didn't go to sleep there is no doubt that a person would have touched an unclean area and so, there's no need for [[Netilat Yadayim]]. On the other hand, the Rashba holds that since we are created new everyday we need [[Netilat Yadayim]] even if one didn't go to sleep that night. Another concern that compounds the doubt of the Shulchan Aruch is the aspect of רוח רעה that is mentioned by the Tur (4:1) and so, even according to the Rosh one should still need to do [[Netilat Yadayim]]. Nonetheless based on a quote from the Zohar (Vayishlach 169b), the Bet Yosef ({{ibid}}) argues that the issue of רוח רעה only applies to the nighttime.
* Rav Ovadiah(Chazon Ovadiah, [[Shavuot]], note 25) mentions that even though the Maharsham (3:126) holds that one even makes a bracha on [[Netilat Yadayim]] of [[Birkat Cohanim]] and going to the bathroom; nevertheless, we don't hold like the Maharsham in this Halacha, says Rav Ovadiah Yosef.
* The Mishna Brurah(4:27) adds that if one indeed went to sleep a שינת קבע (a substantial sleep) on his bed, then one makes [[Netilat Yadayim]] with a Bracha.
</ref>

==When to Recite the Bracha==
# The minhag is to make the Bracha of Al Netilat Yadiyim between washing and drying one’s hands. <Ref> S”A 158:11 writes that the Bracha of [[Netilat Yadayim]] is like most other [[Brachot]] that have to be made prior to completing the mitzvah. Therefore concludes S”A the practice is to rub one’s hands to clean them (so one can make the Bracha), then make the Bracha prior to washing. However, Mishna Brurah 158:41 writes that the minhag of the world is to make the Bracha after washing but before drying like the Rama writes is permissible. </ref>
# However, many Sephardim follow the Shulchan Aruch, who says that as long as one's hands are clean one should make the Bracha BEFORE washing one's hands. <Ref> As quoted in previous source, S”A 158:11 writes that the Bracha of [[Netilat Yadayim]] is like most other [[Brachot]] that have to be made prior to completing the mitzvah, and so one should rub one’s hands to clean them (so one can make the Bracha), then make the Bracha prior to washing. This practice of many Sephardim such as those from Colombia to make the Bracha before washing one’s hands, does not follow the opinion of the Rama who says you can make the Bracha after washing but before drying.
# If one forgot to make the Bracha of Al [[Netilat Yadayim]] before drying one’s hands, according to Ashekazim one is permitted to make a Bracha of [[Netilat Yadayim]] until one makes the [[Hamotzei]]. However, Sephardim hold that once one’s hands are totally dry one may not make the Bracha. <Ref> Rama 158:11 writes that if one forgot to make a Bracha before drying one’s hand one can make the Bracha after drying. Mishna Brurah 158:44 supports the Rama by saying that [[Netilat Yadayim]] is different than other [[Brachot]] and may be made after the mitzvah is completed. Mishna Brurah writes that even though the Taz forbids making the Bracha after drying hands, since most achronim hold like the Rama one should act according to the Rama, but one should be careful to avoid such a situation. For Sephardim Ben Ish Chai Shemini:Halacha 7 and Chacham Ovadia Yosef in Halichot Olam 1:page 317 rule that once you dry your hands you can no longer make the beracha. </ref>
# Some have the custom to wait until going to shul to make the beracha of netilat yadayim. However, this is not the minhag of the Sepharadim. In any case, one shouldn't make the beracha upon both waking up and going to shul. <ref> Shulchan Aruch 6:2 </ref>

==Interruptions (Chatzitza) Between the Hand and Water==
#Anything that is considered an interruption between the body and water for tevilla is also for [[Netilat Yadayim]]. The two qualifications that would make it interrupt are that 1. that it covers most of the skin. 2. that it is something you don't want to always be there. <ref> Shulchan Aruch 161:1 based on gemara chullin 106b. </ref>
#Most poskim hold that a ring should be removed, <ref> Shulchan Aruch 161:3, Mishna Brurah 161:17, Iggeros Chazon Ish 1:4. The Rama 161:3 adds that even thoguh some are meikil if the ring is loose, one should be machmir even though water could get through. Kaf Hachayim 161:32 says that if you have an expensive ring that you are afraid to remove, then you can first pour a [[Revi'it]] of water on the right hand where the ring is, then move the ring a little and pour again, but when you move the ring it has to be with a hand that’s already been washed. Rav Chaim Kanievsky (Daad Note 251 footnote 249 says that this requirement to remove the ring is only for washing for a meal, and therefore if the ring is loose you wouldn't need to remove it for the morning [[Netilat Yadayim]]. According to Mishna Brurah 161:19, Aruch HaShulchan 161:6, and Rivevot Ephraim 1:127 if someone doesn't remove their ring for anything, then they also wouldn't have to for [[Netilat Yadayim]]. </ref> but if a loose ting wasn't removed you don't need to repeat the washing. <ref> Mishna Brurah 161:18 </ref>
#One should remove the dirt under his nails before washing his hands. <ref> Ben Ish Chai Kedoshim 24. Shulchan Aruch HaRav 161:4 and Kaf HaChaim 161:4 say that this is only for dirt that is bothersome to somebody and he would usually remove it. </ref>
# If a person has a something that cannot be removed covering his hand (a cast), he should wash the hand hand three times and make the beracha as usual. <ref> Yechave Daat 2:19, Kaf Hachayim 158:4. Aruch Hashulchan 163:2 says that the beracha should not be recited when only one hand is washed even if for a permissible reason. </ref>

==Who is Obligated==
# Women are equally obligated to wash [[Netilat Yadayim]]. <ref> Pri Megadim (M"Z 4:7), Mishna Brurah 4:10, Kaf Hachayim 4:20, and Halacha Brurah 4:21. Kaf HaChaim points out that in fact, women may have a greater obligation because they have more control over the purity of their houses since they prepare the food and feed the children. </ref>
# There is a difference of opinions when a child should be taught to wash his hands in the morning. Some say that a child of 5 or 6 should be taught, while others say that once the child is able to eat on his own should taught. <ref>
*Shulchan Aruch Harav 4:2, Eishel Avraham OC 4, and Rav Shlomo Zalman Auerbach in Halichot Shlomo 20:25 say that the obligation for children to wash begins at the age of [[chinuch]] for other mitzvot which is approximately 5 or 6.
*Mishna Brurah 4:10 (based on Pri Megadim 7) says the obligation begins at the time when the child begins to eat on his own. Ben Ish Hai, Toledot 10 agrees.
*Rav Yaakov Kamenetsky in Emet LeYacov 4:10 says that it begins when a child is old enough to say [[amen]] to a beracha or recite a pasuk in torah.
*The Kaf Hachayim 4:23 and Ben Ish Chai (Toldot #10) say that even a newborn's hands should be washed by his parents. See further [http://torah.org/advanced/weekly-halacha/5766/lechlecha.html Rabbi Neustadt at torah.org]</ref>

==Sources==
<references/>
[[Category:Netilat Yadayim]]
[[Category:Orach Chaim]]