https://halachipedia.com/api.php?action=feedcontributions&user=Qehath.z&feedformat=atomHalachipedia - User contributions [en]2024-03-28T08:48:03ZUser contributionsMediaWiki 1.39.3https://halachipedia.com/index.php?title=Sefirat_HaOmer&diff=21998Sefirat HaOmer2018-11-25T14:50:21Z<p>Qehath.z: /* A child who became Bar Mitzvahed during Sefirah */</p>
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<div>[[Image:Sefirah.jpg|thumb|right|The first day of the Omer on Bet Midrash Gavoha's Sefira Calendar]]<br />
There is a Torah obligation to count the days of the Omer stated in the Pasuk <ref>(Vayikra 23:15-16) </ref> as follows: וספרתם לכם ממחרת השבת מיום הביאכם את עמר התנופה שבע שבתות תמימת תהיינה: עד ממחרת השבת השביעת תספרו חמשים יום והקרבתם מנחה חדשה ליהוה:. The Mitzvah is to count 49 days (counting the days and the weeks) from the second day of [[Pesach]] (when the Korban HaOmer was brought) until [[Shavuot]]. The mitzvah applies nowadays. <Ref> Rambam (Sefer HaMitzvah Mitzvot Aseh #161) counts this as one mitzvah to count days and weeks and not as two separate mitzvot, seemingly based on the gemara menachot 66a. See Tosfot Menachot 65b s.v. Ketuv who asks why we only count 49 days when the Pasuk says to count 50 days and answers that the pasuk doesn't mean from the Korban Omer until the day after Ha[[Shabbat]] HaShevit count 50 days but rather means to from the Korban Omer until the day after Hashabbat HaShevit which is the 50th day one should count (up to but not including). Alternatively Tosfot answers that the command to count to the number 50 in the pasuk refers to when the Korban Shtei HaLechem is brought and not the count of the Omer. </ref><br />
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==Procedure of counting Sefirat HaOmer==<br />
# The bracha to be recited before counting the Omer is ברוך אתה ה' אלוקינו מלך העולם אשר קדשנו במצותיו וצונו על ספירת העומר - Baruch Atta Hashem Elokeinu Melech HaOlam Asher Kideshanu BeMitzvotav VeTzivanu Al Sefirat HaOmer.<ref>The Levush 489:1 records the text of the Bracha to be said before counting the sefira as Al Sefirat HaOmer. This is also evident from Shulchan Aruch 489:2</ref><br />
# One should say the Sefirat HaOmer standing up. If one said it sitting, one fulfilled one's obligation after the fact.<Ref>Rosh (Pesachim 10:41) and Rambam (Temidin UMusafin 7:23) write that Sefirat HaOmer should be said standing. S”A 489:1 codifies this halacha that one should say Sefirat HaOmer while standing. The Rambam adds that, if one did say it while seated one fulfills one's obligation after the fact. The Mishna Brurah 489:6 concurs. Mishna Brurah adds that one should stand also for the bracha. </ref><br />
# There is a dispute if a person can fulfill Sefirat HaOmer by listening to someone else count. Therefore, one should avoid doing so. However, one may fulfill the bracha by listening to someone else count.<Ref>There is a major dispute amongst the Rishonim if [[Shomea KeOneh]] is operable by Sefirat HaOmer. The Ramban (Pesachim 7a s.v. VeAni) implies that you can't Sefirat HaOmer with [[Shomea KeOneh]], since in theory we should have said the bracha with a lamed as it can't be fulfilled by someone else. Rashi (Menachot 65b) also seems to say that Shomea KeOneh doesn't work since the Torah wanted each and every person to count. However, the Rashba 1:458 implies that the congregation can fulfill Sefirat HaOmer with [[Shomea KeOnah]]. The Beiur Halacha 489 s.v. UMitzvah quotes the Maharitz Geyitz and Orchot Chaim as saying that Shomea KeOnah is effective for Sefirat HaOmer. In conclusion, the Beiur Halacha writes that one should avoid using Shomea KeOnah for Sefirat HaOmer. Nonetheless, Mishna Brurah 489:5 points out that there's no dispute that Shomea KeOnah is effective for the bracha.</ref><br />
# If a person read an email or text aloud stating that today was such-and-such in the Omer and didn't have intent to fulfill one's obligation, if it was after the seventh day one hasn't fulfilled one's obligation since he has not mentioned weeks and may count afterwards with a bracha.<ref>[http://www.dailyhalacha.com/Display.asp?PageIndex=&ClipID=1629 Rabbi Mansour on dailyhalacha.com]</ref> However, if it was read without verbal expression or just mentally expressed, one certainly doesn't fulfill one's obligation. <ref>Pri Chadash 489:6</ref><br />
# If a person wrote in a letter that today was such-and-such in the Omer there is a dispute if one has fulfilled one's obligation and therefore, one should count again without a bracha.<ref>Kaf HaChaim 489:28 cites a dispute whether one has fulfilled his obligation and concludes that one should count again without a bracha. The Aruch Hashulchan (O.C. 489:9) assumes that one cannot fulfill the mitzvah through writing. However, R’ Akiva Eiger (Teshuvos 1:29-32) and Chasam Sofer (Teshuvos 6:19) consider the possibility that “Kisiva Kidibur”, writing has the same Halachic status as speaking, and therefore after writing the sefira, a bracha may no longer be recited on a secondary counting. Rav Soloveitchik (Harerei Kedem, 2:110) suggested, that perhaps, even if in other areas of Halacha writing is not equivalent to speaking, sefiras haomer is unique and the mitzvah may be fulfilled with writing. This is because sefira does not require verbalization. Rather, the person must list the correct date in some manner and writing would be sufficient to do so even without articulation. See [[Birchot_HaTorah#What_Type_of_Learning_Requires_Birchot_HaTorah.3F]] for a similar discussion.</ref><br />
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==When to Count Sefira==<br />
# According to most poskim, it is correct to wait until Tzet Hakochavim in order to count [[sefirat haomer]]; however, one fulfills his obligation by counting after sunset. <Ref> <br />
* Tosfot (Menachot 66a s.v. zecher) has one opinion who says that one may count sefira during [[Bein HaShemashot]] since sefira is only derabbanan. Rosh (Pesachim 10:40) and Tur 489:1 agree. However, the Ran (Pesachim 28a) argues that it’s not proper to enter a safek initially. Similarly, Rambam (Temidin UMusafin 7:22) rules that sefira should be counted at night. <br />
* Bet Yosef 489:1 quotes this dispute, and his ruling in S”A is unclear. Mishna Brurah 489:14 understands that S”A holds that the halacha follows Tosfot but that it is proper to wait until Tzet Hakochavim. Chazon Ovadyah (p. 232) agrees.<br />
* After the fact, if one counted during [[Bein HaShemashot]], Magen Avraham 489:6 writes that he has fulfilled his obligation. Beiur HaGra 489:3 and Mishna Brurah 489:15 agree. However, Eliyah Rabba 489:10 argues that one should count again after Tzet Hakochavim without a Bracha. </ref><br />
# If one is praying in a [[minyan]] that finishes [[maariv]] after sunset and one wants to count after Tzet Hakochavim, he should count then without a Bracha and mentally stipulate, "if I don't remember to count with a bracha then this counting should fulfill my obligation, however, if I remember later then I have intent not to fulfill my obligation with this counting." If one in fact remembers, he should count after Tzet Hakochavim with a Bracha. <ref><br />
* The Avudraham (Tefillot HaPesach) writes that if one prays with an early [[minyan]], he should count without a Bracha, and if he remembers later, he should count with a Bracha. Shulchan Aruch 489:3 codifies this as the halacha. Taz 489:6 and Beiur HaGra 489:3 explain that the case is where the [[minyan]] finished during [[Bein HaShemashot]]. <br />
* Mishna Brurah 489:17 writes that if one wants to count after Tzet Hakochavim, he should count with the [[minyan]] without a Bracha and have in mind that if he remembers later to count with a Bracha, this original counting shouldn’t fulfill his obligation. Hagahot Rabbi Akiva Eiger 46:16 and Aruch HaShulchan 489:8 agree. Chazon Ovadyah ([[Yom Tov]] p. 233-4) adds that the stipulation should be "if I don't remember to count with a bracha then this counting should fulfill my obligation, however, if I remember later then I have intent not to fulfill my obligation with this counting." However, the Taz writes that making such a condition doesn’t work.<br />
* See, however, the Levush 489:3, who explains that the case is where the [[minyan]] finished before sunset, and the reason they counted was for Amei HaAretz who wouldn’t count later at night. </ref><br />
# If one is going to pray [[maariv]] with a [[minyan]] that is late at night, some poskim hold that one should wait to count with the [[minyan]], while others say that one should count at Tzet Hakochavim. <Ref> <br />
* S”A 489:1 writes that on the second night of [[Pesach]], one should count sefira after [[maariv]]. The Chok Yaakov 489:16 explains that this is based on the halacha of giving precedence to the more common activity (Tadir). However, Mor UKetziah 489:1 argues that Tadir doesn’t apply here since sefira is deoraitta, or at least the mitzvah is explicit in the pasuk even though nowadays it’s derabbanan, while [[tefillah]] is entirely derabbanan. Thus, he explains that sefira must be said in the beginning of the night (Tzet Hakochavim) because one shouldn’t delay a mitzvah. <br />
* Sh”t Igrot Moshe 4:99(1) defends the Chok Yaakov and writes that one must wait to count sefira after [[maariv]] even if he prays later in the night. Rav Elyashiv (quoted by Piskei Shemuot p. 18) agrees. On the other hand, Shevet HaLevi 6:53(3) agrees with the Mor UKetziah and says that if one is going to daven in a late [[minyan]], he should count by himself earlier, but he defends the minhag to wait to count with the [[minyan]] because otherwise many people would forget to count. Similarly, Halichot Shlomo (Tefilaa 16:16) also writes that the minhag is not to eat from the time of Sefirat HaOmer, and even if one still didn't pray [[Maariv]], one should count the sefira. </ref> <br />
# If one counted during the day (before Plag [[Mincha]]) one has not fulfilled one’s obligation even if one Davened [[Mariv]] early and one must count it again that night with a Bracha. <Ref>Shulchan Aruch O.C. 489:2, Mishna Brurah 489:13, Beiur Halacha 489:3 s.v. MeBeOd Yom</ref> However, because of a minority opinion who says one did fulfill one's obligation, some say one should count again at night without a bracha. <ref>Kaf HaChaim 489:47</reF><br />
# If one said [[Mariv]] before [[Shekiyah]] after Plag [[Mincha]] one shouldn’t count then but rather wait until at least [[Bein HaShemashot]], However if one did so then one should count again at night without a Bracha unless one didn’t daven [[mariv]] before [[Shekiyah]] in which case one should count again with a Bracha. <Ref>Hilchot Chag BaChag (pg 29) </ref><br />
# If someone is insistent on saying [[Kriyat Shema]] at night after [[Tzet HaKochavim]] of Rabbenu Tam, one should also wait until [[Tzet HaKochavim]] in order to count Sefirat HaOmer. <Ref>Piskei Shemuot ([[Shavuot]] pg 40-1) in name of Rav Nassim Karlitz </ref><br />
# One shouldn’t rely on the minhag to count after Plag [[Mincha]]. <Ref>Rav Elyashiv in Kovetz Teshuvot (vol 3, end of chapter 4) quoted by Piskei Shemuot ([[Shavuot]] pg 42), Beiur Halacha 489:3 s.v. MeBeOd Yom </ref><br />
===Counting During the Day===<br />
# If one forgot to count at night one can still count during the day without a bracha and continue to count the next night with a bracha.<ref>Shulchan Aruch O.C. 489:7</ref><br />
# Sephardim have a minhag to count the sefirat haomer after Shacharit every day so that in case someone forgot they will have fixed it.<ref>Kaf Hachaim 489:80 and Yalkut Yosef 489:25 (Moadim n. 18) write that the minhag is to count the sefirat haomer after Shacharit each day so that if someone forgot to count at night they will have counted during the day and continue the next night.</ref> Ashkenazim don't have that minhag.<ref>Teshuvot Vehanhagot 2:247 writes that the Ashkenazi minhag is not to count each day after Shacharit because doing so would be considered baal tosif to validate the day for sefirat haomer which isn't true according to some rishonim. Rivevot Efraim 1:331 writes that in fact this difference of minhagim appears in the Maharshal (end of Bava Kama n. 44) that in Israel they would count after Shacharit each day but in Bavel they wouldn't.</ref><br />
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==If one forgot to count==<br />
# One should say the Sefirah in the beginning of the night, if one forgot one can say the Sefirah with a Bracha the entire next night. <Ref> Tur 489:1 writes that if one forgot to count at the beginning of the night one can count all night. Perisha 489:1 quotes the Ran (Pesachim 28a s.v. VeBeHaggadah Gam Ken) who agrees. This is also the opinion of S”A 489:1. </ref><br />
# If one forgot to count the Omer an entire night and day one should continue to count without a Bracha. <Ref> Shulchan Aruch 489:8, Yabia Omer 3:28. Mishna Brurah 489:36-37 explains that we continue counting to satisfy the opinions that say that you can, but don't say a beracha because of the opinions that you cannot, namely the Behag quoted by Tosafot Menachot 66a "zecher" that if you miss one night you can't count any longer because to fulfill the mitzva you need seven full weeks. Tosafot themselves disagree and say you can continue counting, as does Rabbeinu Yitzchak quoted in the Rosh Pesachim 10:41 because the Behag believes that the mitzva is only one long mitzva. Rabbi Joseph B. Soloveitchik quoted by Rav Herschel Schachter in Eretz Hatzvi 3:6-7 explains the behag not as saying that you need seven full weeks, but that you need the 49 consecutive days, and that is why the halacha is that if you count during the day even if you missed it the night before, you can continue through the rest of sefira with a beracha because you accomplished this obligation of consecutive nights. Sh"t Beit Halevi 1:39 says that since there is a mitzva to count days and weeks, if somebody misses a night in the middle of the week, he can count with a beracha on the nights that complete the week. Shearim mitzuyanim Bihalacha 120:4 says that nowadays when people miss a night they think they are exempt, and that is not what the Shulchan Aruch intended by saying that one should count without a beracha, and therefore, nowadays one should continue counting with a beracha. </ref><br />
# If one is unsure whether one missed an entire day one should continue to count with a Bracha. <ref> Shulchan Aruch 489:8 </ref><br />
# If one forgot to count one entire day and night, some say that one can be the Shaliach Tzibbur and make the bracha for others, however, others argue that one may not do so, rather once one missed a night and day, one may not count with a bracha but one may listen to someone making the bracha for himself.<ref>Pri [[Chadash]] 489:8 quotes one Rabbi who said that just like the Shaliach Tzibbur can make the [[brachot]] of chazarat hashatz even if no one in the congregation needs those [[brachot]] to fulfill an obligation, so too a Shaliach Tzibbur may make tha bracha of Sefirat HaOmer even if he isn't obligated in that bracha because he missed a day. However, the Pri [[Chadash]] argues that once he missed a day he isn't considered mechuyachav in the mitzvah of sefiarh according to that opinion that one may not miss any days. He compares it to the Yerushalmi which says that a person who lives in a city that reads the [[megillah]] on the 14th can't fulfill the obligation of a person who lives in a walled city who reads the [[megillah]] on the 15th. He argues that even Rashi ([[Megillah]] 2a) who seems to argue on the Yerushalmi, doesn't really disagree (see also Tosfot Yevamot 14a s.v. Ki).</ref><br />
# If a person counted in a self-contradictory manner, like saying the correct number of days but wrong number of weeks or vice versa and he didn't fix it by the next night, he can only continue to count without a beracha. <ref> [http://www.dailyhalacha.com/displayRead.asp?readID=563 Rabbi Eli Mansour Dailyhalacha] </ref><br />
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==If someone asks the day of the Omer==<br />
# If someone asks "What day of the Omer is it?" if one hasn't fulfilled one's obligation yet, one should answer that "yesterday was such and such" rather than answering "today is such and such in the Omer" because if one were to do so, then one would fulfill one's obligation without having made the Bracha (and wouldn't be allowed to then say the Bracha). <ref>Shulchan Aruch 489:4 </ref><br />
# If it's before [[Shekiah]] then one may answer the day in the Omer in a straightforward manner and still say that night's Omer with a Bracha. <ref> Shulchan Aruch 489:4 </ref>However, because of a minority opinion that one fulfills one's obligation by counting after Plag [[Mincha]], even before [[Shekiyah]], one should be careful not to answer in a straightforward manner but rather say "yesterday was such and such".<ref>Kaf HaChaim 489:52 quoting Shulchan Aruch 489:15</ref><br />
# If a person asks the day of the Omer and one answered by saying the number of the Omer without saying the number of weeks many authoriites hold that one hasn't fulfilled one's obligation and one should repeat the counting with a Bracha <ref> Sh"t Maharash HaLevi Siman 5 ([http://hebrewbooks.org/pdfpager.aspx?req=1834&st=&pgnum=16&hilite= see it inside]) argues at length that the mitzvah includes an element of counting the days and an element of counting weeks and if one lacks either one the obligation wasn't fulfilled and one should repeat it with a Bracha. The Mishna Brurah 489:22 (and Shaar HaTziyun 489:28) hold like the Eliyah Rabba who also holds that if one didn't count the weeks one must repeat the counting with a Bracha. </ref>, while others argue that one should repeat the counting without a Bracha <ref> Knesset HaGedolah on Bet Yosef 489 s.v. VaAni </ref>, and some make a compromise to obligate one in repeating the counting with a Bracha on days when a week is completed. <ref> Shaar HaTziyun 489:28 in name of the Pri [[Chadash]] </ref><br />
# Some say that if a person answered the number in abbreviation (such as Lag for 33 or Dalet for 4) one has not fulfilled one’s obligation and one should repeat counting the Sefirah with a Bracha. <Ref> Sh"t Maharash HaLevi Siman 5 </ref> while others hold that one fulfills one's obligation with an abbreviation and one should not repeat the Omer with a Bracha. <ref> Knesset HaGedolah on Bet Yosef 489 s.v. VaAni </ref><br />
# If a person made the Bracha and then said the number in abbreviation one shouldn’t repeat the counting with a Bracha (since he clearly intended to fulfill his obligation and there is some significance to an abbreviation.)<Ref> Sh"t Maharash HaLevi Siman 5 </ref><br />
# If one makes the Bracha and counts by saying the next number of the Omer minus one such as saying that today is forty minus one instead of saying thirty nine one has fulfilled one's obligation. <ref> The Pri HaAretz Siman 10 quotes the Mahari Malcho who says that if on the 39th day one said that tonight is 40 minus 1 one fulfilled one’s obligation. This is also quoted by the Kemach Solet pg 118b s.v. Mi SheShachach, Bear Hetiev 489:8, Yad Aharon (on the Tur Siman 489 s.v. Im Amar). </ref><br />
# If a person asks the day of the Omer and one answered by saying the next number of the Omer minus one such as saying that today is forty minus one instead of saying thirty nine, some say that one fulfilled one's obligation, while others disagree and hold that one should repeat the counting with a Bracha. <ref> Sh"t Pri HaAretz Siman 10 (at the end in parentheses), Kemach Solet pg 118b s.v. Im Shoalo Chavero </ref><br />
# If a person asks the day of the Omer and one answered by saying that tomorrow the Omer is such and such (and it's implied that today's Omer is one less) nonetheless one has not fulfilled one's obligation and one must repeat counting the Omer with a Bracha. <ref> Sh"t Vayan Avraham Siman 35 and Chazon Ovadyah ([[Yom Tov]] pg 247) based on the distinction of the Sh"t Pri HaAretz Siman 10 (at the end in parentheses)</ref><br />
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==Eating before counting the Omer==<br />
# From a half hour before the time for sefira (according to some poskim, this refers to sunset, while others maintain that it refers to Tzet Hakochavim), one shouldn’t eat a meal until he counts sefira. More than a [[KeBaytzah]] of bread is considered a meal, however, even a lot of fruit isn’t a meal. There is a dispute whether [[Pas HaBah Bekisnin]] is considered like bread for this halacha. Nonetheless, many poskim defend the minhag to eat before sefira if one regularly attends a later [[minyan]].<ref><br />
* Rama 489:4 writes that from the time of sefira, it is forbidden to eat until one counts. Mishna Brurah 489:23 writes that really the prohibition begins from a half hour before Tzet Hakochavim, while the S”A HaRav 489:17 and Kaf HaChaim 489:64 hold that the prohibition begins from a half hour before sunset. <br />
* Kaf HaChaim 489:66 clarifies that it is forbidden only to eat a meal that fits the criteria given by S”A 232:3, meaning more than a KeBeitzah of bread; fruit, even in large quantities, is not considered a meal. Yalkut Yosef 489:43 and Hilchot Chag BeChag (p. 16) write that Pat HaBah Bekisnin is the same as bread for this halacha; Nitei Gavriel 26:5 disagrees. <br />
* Sh”t Igrot Moshe 4:99 writes that the logic permitting a person to eat before [[maariv]] - namely, that if one usually prays in a [[minyan]] he won’t forget to pray - should also permit eating before sefira, even after Tzet Hakochavim. Az Nidbaru 6:52, Rav Elyashiv (quoted by Piskei Shemuot p. 47), and Nitei Gavriel 26:4 agree. See Aruch HaShulchan 232:16, who records this leniency regarding [[mincha]]. </ref><br />
# Learning is permitted before sefira if one usually goes to a later [[minyan]]. <Ref> Regarding [[Shacharit]], Rashi [[Brachot]] 5b understands that Abba Binyamin wouldn’t learn before [[Davening]], however, Tosfot disagrees. Rosh 1:7 explains that Rashi meant only that a person who doesn’t usually pray with a [[minyan]] shouldn’t learn before praying. Someone who usually prays with a [[minyan]], on the other hand, is unlikely to forget to pray and thus may learn before praying. Tur and S”A 89:6 codify the Rosh as halacha. Mishna Brurah 232:11 writes that the same is true of [[mincha]]. Therefore, when Mishna Brurah 489:24 writes that doing any activity before [[counting sefira]] is the same as by [[mincha]], he means that it’s permitted if one usually davens with a [[minyan]]. </ref><br />
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==Who is obligated to count?==<br />
# Women are exempt from counting since it’s a Mitzvah Aseh SheZman Grama. <Ref>Rambam (Temidin UMusafin 7:24, Sefer Hamitzvot #161) rules that women are exempt from counting Sefirah. This is brought in Bet Yosef 489:1 s.v. VeTzarich and is also the opinion of Magen Avraham 489:1 (who also quotes Zohar Titzaveh pg 319 to show women are exempt) and Mishna Brurah 489:3.<br> Interestingly, Ramban (Kiddushin 34a) holds that women are obligated ''because it is a Mitzvat Aseh She'ein HaZman Grama''. Many Acharonim grapple with this Ramban, as, seemingly, it's indeed time bound between Pesach and Shavuot. The Avnei Nezer (O.C. 384) postulates that since the Torah ties Sefirat HaOmer to the day after Yom Tov, and not Yom Tov itself, it's not really dependent on the 16th of Nissan, but the day before, and, therefore, SheHaZman Grama. In opposition, the Sridei Esh (vol. 2 Siman 116) argues that Zeman Grama means there is a specific interval of time in which one must fulfill the Mitzvah. Sefirat HaOmer isn't bound to a time interval, however, it itself is a time interval, in which we are obligated to acknowledge during each of its days. Rav Yosef Dov Soloveitchic (Nefesh HaRav pg. 191, see also MiPininei HaRav pg. 124) and the editors of the Rambam Frankel (Sefer HaMitzvot ibid.) felt it was just a copyist error, as none of the Ramban's major Talmidim who usually quote his opinions cite it. [http://www.yutorah.org/lectures/lecture.cfm/854004/rabbi-hershel-schachter/sanhedrin-84-chazarah-6/ Rav Hershel Schachter] and [http://www.torahbase.org/%D7%A4%D7%A8%D7%A9%D7%AA-%D7%90%D7%9E%D7%95%D7%A8-%D7%A0%D7%A9%D7%99%D7%9D-%D7%91%D7%9E%D7%A6%D7%95%D7%AA-%D7%A1%D7%A4%D7%99%D7%A8%D7%AA-%D7%94%D7%A2%D7%95%D7%9E%D7%A8/ Rav Asher Weiss] point out how a recent discovery of the [http://www.hebrewbooks.org/pdfpager.aspx?req=49831&st=&pgnum=471&hilite= Sefer Imrei Shefer], Chiddushim of the son of the Maharam Chalawa, who was a Talmid of a Talmid of the Rashba, shed light on the matter. The son quotes his father, the Maharam Chalawah, who explains that Sefirah isn’t Zman Grama since the time doesn’t cause Sefirah, but the Korban HaOmer, just like Birkat HaMazon on Shabbat isn't Zeman Grama, as the Mitzvah of Seudat Shabbat is Gorem it. Rav Schachter felt that the Maharam Chalawah's explanation was most relevant, as it was coming from a Talmid from the same Beit Midrash who most probably had a masorah. For a more detailed discussion, see the above article by HaRav Asher Weiss, Biur Sefer HaMitzvot LeRav Saadia Gaon by Rav Yerucham Fischel Perlow (Mevo chapter 12, specifically s.v. veOmnam), and the essay by HaRav Shlomo Wahrman, Rosh Yeshiva of HANC, in [http://www.hebrewbooks.org/pdfpager.aspx?req=51478&st=&pgnum=360&hilite= Orot HaPesach], pg. 289.<br />
* Shulchan Shlomo 489:3 writes that women shouldn't count [[sefirat haomer]] with a bracha because they might forget to count one night and they won't know the halacha (that they're supposed to continue without a bracha). </ref><br />
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==A child who became [[Bar Mitzvah]]ed during Sefirah==<br />
# According to R. Ovadiah Yosef, a child who became [[Bar Mitzvah]]ed during Sefirah should continue counting after his Bar Mitvah without a bracha.<ref> Sh"t Yabia Omer 3:27-28</ref> However, most Ashkenazi poskim say that he may continue counting even with a bracha.<ref>Shaarei Teshuvah O.C. 489:20, Aruch HaShulchan O.C. 489:15, Sheilot U'teshuvot Kesav Sofer 99, Sheilot U'teshuvot Maharam Shick 260, and Sheilot U'Teshuvot Mishnah Halachos 11:398. Rabbi Yosef Dov Soloveitchik quoted in Eretz Hatzvi 3:6-7 says that according to the Behag quoted in Tosafot 66a "zecher" the bar-mitzva boy should be allowed to continue with a beracha because the mitzva is dependent on the consecutiveness of the 49 nights, which he fulfills even before becoming of age. </ref> <br />
# A convert who converted during Sefirah should count without a bracha from the time of his conversion.<ref>Shaarei Teshuvah O.C. 489:20, Aruch HaShulchan O.C. 489:15</ref><br />
<br />
==Language of the Sefirah==<br />
# Lechatchila, one should know the number of the day when you make the bracha. Bedieved, if one said the bracha with intent to hear the number of the day from his friend and paused to hear his friend after his bracha, he’s Yotsei. <ref> Shulchan Aruch OC 489:5 writes that if one said the bracha with in mind that one will say the Hayom that his friend says, he fulfills his obligation. Yet, Taz 489:8 writes that implied from S”A is that Lechatchila one should say the bracha only when you know the number of the day. Mishna Brurah 489:29 adds that Lechatchila it’s forbidden to pause for more than [[Toch Kedi Dibbur]]. </ref><br />
# Lechatchila, one should count today is such and such “to the Omer”, Bedieved if one just said today is such and such day you’re yotzei. <Ref> Sh”t Rashba 1:457 brought in Bet Yosef 489 s.v. Katav rules that really to fulfill the mitzvah it doesn’t matter whether you mention the Omer or not, however, it’s preferable to mention the Omer to clarify. This is also the opinion of the Mishna Brurah 489:8. </ref><br />
# After ten days one should count the ones digit and then the tens digit such as Echad Asar and Eched V'esrim.<ref>Magen Avraham 489:5 writes that one should count the tens digit before the ones digit since that is the normal way to count and the Gemara Yoma 55a writes that when counting numbers we should follow the practice of the place. Chok Yakov 489:10 agrees. Emunat Shmuel responsa 49 writes that the sefira is counted with the ones digit first because we follow Rabbi Yehuda in Yoma 55a and he doesn't say that it depends on the place.</ref> If one switched the order one fulfilled his obligation.<ref>Mishna Brurah 489:9</ref> If it is normal in your country to say the tens digit first you should say it before the ones digit as in Esrim V'echad.<ref>Magen Avraham 489:5, Otzar Hamoadim 489:8.<br /><br />
The Get Pashut 126:24 is bothered that the minhag is to say on Yom Kippur the text of Achat V'shatim mentioning the smaller number before the bigger one and for Gittin the minhag is to write the bigger number first (Rama EH 126:5). This is cited by the Mitzvat Sefirat Haomer p. 75.</ref><br />
# The minhag is for the first ten days of the Omer to use the term Yamim to count the days but after the tenth day the minhag is to uses the term Yom for the days part of the counting as in Eched Asar Yom and not Yamim.<ref>Chok Yakov 489:10 writes that this is the regular form of terms in Hebrew.</ref><br />
===La'Omer vs. Ba'Omer===<br />
# Some say that we recite today is such and such day la'omer.<ref>Shu"t HaRashba 1:457, Kol Bo Siman 55, Arizal (Shaar HaKavanot Sefirat Haomer Drush 11) and Shla Pesachim 23. Mishna Brura 489:8 says most poskim say la'omer</ref> Others say ba'omer.<ref> Rama 489:1, Taz 489:3<br /><br />
Rav Soloveitchik ([https://www.torahmusings.com/2015/06/baomer-or-laomer/ Halakhic Positions of Rav Joseph B. Soloveitchik]) said that the word “Ba’Omer” reflects the connotation that Sefirah is diorayta even today, in accordance with the Rambam, and the present period is thus even today called the Omer period. However, “La’Omer” implies that the counting is from the time of the korban haomer, which does not apply nowadays, and thus the counting is only rabbinic. see however, Hilchot Chag Bechag pg. 33 who says exactly the opposite.</ref> Some even suggest saying both.<ref>Rav Soloveitchik ([https://www.torahmusings.com/2015/06/baomer-or-laomer/ Halakhic Positions of Rav Joseph B. Soloveitchik])</ref> Each person should stick to his own custom.<ref> Hilchot Chag BeChag pg 32, Shulchan Aruch Harav 489:7 </ref>Either way, entire addition of the phrase Ba’Omer or La’Omer is only Lechatechila but one fulfills the requirement of counting without mentioning either phrase. <Ref> Mishna Brura 489:8, Hilchot Chag Bechag pg. 34, Maamar Mordechai 489:2 </ref><br />
<br />
==Incorrect intent during Bracha==<br />
# Preferably, one should know the day of the Omer while making the Bracha, however, if one didn't know the day of the Omer but made the Bracha with intent to complete it as one will hear from one's friend and one did do so one has fulfilled one's obligation. <ref> Mishna Brurah 489:29, Shulchan Aruch 489:5 </ref><br />
# If one started the bracha (Baruch Atta…Melech HaOlam) with in mind to say the wrong night and then finished the bracha with the intent to say the correct night and then said the correct Hayom, one is Yotzei. <ref> Tur 489:6 quotes the Avi Ezri that writes that a person who had in mind the wrong number during the beginning of the bracha and during the end of the bracha he thought of the correct number and said the HaYom correctly, isn’t Yotzei as he needs the beginning and end of the bracha to be with the correct intention. Bet Yosef 489:6 quotes the Mordechai that this Avi Ezri is going according to the opinion that Sefira is Deoritta and therefore since it’s a Safek whether such a Bracha is sufficient (as in [[Brachot]] 12a) he must make a new bracha. However, Bet Yosef concludes since majority of RIshonim hold Sefira is Derabbanan, we are lenient on this safek and is Yotzei. This is also the opinion of the S”A 489:6 and all achronim agree including Mishna Brurah 489:32. </ref><br />
# If one started the bracha (Baruch Atta…Melech HaOlam) with in mind to say the correct night and then finished the bracha with the intent to say the wrong night and then said the wrong Hayom, according to Sephardim, one is Yotzei, while Ashkenazim hold that if one corrects the Hayom within [[Toch Kedi Dibbur]] one is Yotsei but otherwise one isn’t Yotzei and needs a new bracha. <ref> (1) Tur 489:6 quotes the Avi Ezri that writes that a person who had in mind the correct number during the beginning of the bracha and during the end of the bracha he thought of the wrong number and said the wrong HaYom, isn’t Yotzei as he needs the beginning and end of the bracha to be with the correct intention. (2) Bet Yosef 489:6 quotes the Mordechai that this Avi Ezri is going according to the opinion that Sefira is Deoritta and therefore since it’s a Safek whether such a Bracha is sufficient (as in [[Brachot]] 12a) he must make a new bracha. However, Bet Yosef concludes since majority of Rishonim hold Sefira is Derabbanan, we are lenient on this safek and is Yotzei. So rules the S”A 489:6 and some achronim agree including Magen Avraham 489:12, Olot [[Shabbat]] 489:6, Chok Yakov 489:19, and Kaf HaChaim 489:75. Yalkut Yosef (Moadim edition 5764 pg 615) writes that one should count again to fulfill the obligation according to everyone however one shouldn’t make a Bracha like S”A. (3) However, Bach (489 s.v. UMah SheKatav Katav Od Avi Ezri) argues on the Bet Yosef and says that according to everyone one isn’t Yotzei in such a case as the counting was simply wrong. This is also the opinion of the Levush, Pri Chadash and Mishna Brurah 489:32. (4) The third approach is that of the Maamer Mordechai 489:8 and Chok Yosef who explains S”A as where one corrected himself within [[Toch Kedi Dibbur]]. (5) Another explanation of S”A is that of the Taz 489:9 (to defend S”A against his father-in-law the Bach) who explains that the S”A was only dealing with someone who made the bracha with the wrong intent either in the beginning or in the end and then counted the Hayom correctly and so one fulfills his obligation according to the majority of Rishonim that Sefirah is Derabbanan. </ref><br />
# If one made the bracha and counted incorrectly and didn't fix it within a Toch Kdei Dibbur one needs to count again with a new bracha.<ref>Shulchan Aruch 489:5, Mishna Brurah 489:32</ref><br />
<br />
==Prohibited practices during the Sefirat HaOmer==<br />
The practice is to observe certain practices of [[mourning]] during the Sefirah because the 24,000 students of Rabbi Akiva died during this time. <ref> Tur and Shulchan Aruch 493:1 based on gemara in Yevamot 62b. </ref> There’s three basic minhagim about the [[mourning]] period between [[Pesach]] and [[Shavuot]]:<br />
# One practice is to mourn the first 33 days from the beginning of the Omer until the 34th day in the morning. This practice is followed by Sephardim. <Ref>The source for this minhag is the [[Teshuvah]] of R. Yehoshua Ibn Shuib (cited by Bet Yosef 493:2) which says that the students of Rabbi Akiva died during the Omer except for the last 15 days which leaves the first 34 days, however, based on Miksat HaYom KeKulo (a minority of the day is considered like a whole day) one may stop [[mourning]] on the morning of the 34th. This is the ruling of S”A 493:2 and the practice of Sephardim as recorded in Yalkut Yosef (Kitzur S”A 493:1), Yabia Omer 3:26, Yechave s.v. Nohagin, Beiur Halacha 493 Daat 4:32. This is explained clearly in Biur HaGra 493:6 s.v. Yesh Nohagim, and [http://www.yutorah.org/lectures/lecture.cfm/714562/Rabbi_Josh_Flug/The_Mourning_Period_Of_Sefirat_Ha'omer Rabbi Flug's article on Sefirat HaOmer]. </ref><br />
# A second practice is to mourn from the beginning of the Omer until the 33rd day in the morning. This practice is followed by most Ashkenazim. <Ref>The source for this minhag is the Rama 493:2 who holds that the students of Rabbi Akiva stopped dying on the 33rd day of the Omer and by the principle of Miksat HaYom KeKulo (a minority of the day is considered like a whole day) one may stop [[mourning]] on the morning of the 33rd. This is the explanation of the Biur HaGra 493:9 s.v. UMarbim, and the practice of Ashkenazim as recorded by [https://docs.google.com/viewer?url=http%3A%2F%2Fwww.thehalacha.com%2Fattach%2FVolume5%2FIssue8.pdf Halachically Speaking] (Volume 3, Issue 8, page 3).<br />
This is explained clearly in Beiur Halacha 493 s.v. Yesh Nohagim and [http://www.yutorah.org/lectures/lecture.cfm/714562/Rabbi_Josh_Flug/The_Mourning_Period_Of_Sefirat_Ha'omer Rabbi Flug's article on Sefirat HaOmer]. </ref> <br />
# A third practice is to mourn 33 not consecutive days during the Omer. <ref> <br />
Bet Yosef 493:3 quotes the Ri Ibn Shoiv who records another tradition that Rabbi Akiva’s students only died on the 33 days during the Sefira when we do say [[Tachanun]], excluding the 7 days of [[Pesach]], 7 Shabbatot, and 2 days of [[Rosh Chodesh]] Iyar. The Bach 4931 clarifies that really we include the one day of Rosh Chodesh Sivan and exclude one day of Pesach since the last 7 days of Pesach certainly already includes Shabbat. Therefore, there are 16 days when Rabbi Akiva's students didn't die. Based on this tradition, Sh"t Igrot Moshe 1:159 writes, there is a minhag to mourn for 33 non-consecutive days during the sefira. </ref>This practice is followed by some Ashkenazim. <Ref> Mishna Brurah 489:5 </ref><br />
## Some observe this practice by [[mourning]] from the day after [[Rosh Chodesh]] Iyar until Erev [[Shavuot]] excluding [[Lag BaOmer]]. <Ref>Magen Avraham 489:5, Mishna Brurah 493:15 </ref><br />
##Some observe this practice by [[mourning]] from the first day of [[Rosh Chodesh]] Iyar until the third day before [[Shavuot]]. <Ref>Rama 493:3, Magen Avraham 489:5 </ref><br />
## Some observe this practice by [[mourning]] from after [[Issru Chag]] until [[Rosh Chodesh]] Sivan excluding the two days of [[Rosh Chodesh]] Iyar and [[Lag BaOmer]]. <Ref>Mishna Brurah 489:15 quoting the Siddur Derech Chaim </ref><br />
## Some observe this practice by [[mourning]] all the days of the Omer expect for [[Rosh Chodesh]] Iyar and Sivan. <Ref> Sh”t Igrot Moshe 1:159 explains that the reason for this minhag is that it holds that the students of Rabbi Akiva died on all the days between [[Pesach]] and [[Shavuot]] except for the 16 days when one can not say [[Tachanun]] (7 days of [[Pesach]], 6 [[Shabbat]]ot, 3 days of [[Rosh Chodesh]]) and so the minhag forbids getting married and cutting hair the entire Sefira except for [[Rosh Chodesh]] Iyar and Sivan (and [[Pesach]] and [[Shabbat]] are already forbidden to get married). </ref><br />
# A fourth minhag followed by some is to observe sefira, in regards to not cutting one's hair, for the entire duration of the sefira from Erev [[Pesach]] until Erev [[Shavuot]].<ref>Arizal quoted by Shaarei Teshuva 493:8</ref><br />
# It is permitted for a wife to observe her family’s [[mourning]] period, as long as her husband does not object. <ref> Rav Doniel Neustadt [[Daily Halacha]] Discussion page 219 </ref> <br />
===Getting Married===<br />
# The Sephardic custom is not to get married during the Sefira until the 34th day in the morning,<ref> Yalkut Yosef (Moadim pg 428). The source for this minhag is the Teshuvah of R. Yehoshua Ibn Shuib (cited by Bet Yosef 493:2) which says that the students of Rabbi Akiva died during the Omer except for the last 15 days which leaves the first 34 days. Based on Miksat HaYom KeKulo (a minority of the day is considered like a whole day) one may stop mourning on the morning of the 34th. This is the ruling of S”A 493:2 and the practice of Sephardim as recorded in Yalkut Yosef (Kitzur S”A 493:1) and Yabia Omer 3:26. </ref> while the Ashkenazic custom is not to get married during the Sefira until the 33rd day ([[Lag BaOmer]]). <Ref> Rama 493:1, See Nisuin Kehilchatam 5:19 for lengthier discussion. </ref><br />
# If the [[marriage]] involves a couple with one side who is Ashkenazic and one side Sephardic, the custom of the husband should be followed. <ref> Sh"t Yabia Omer 3:26(4), Yalkut Yosef (Moadim pg 429) </ref><br />
# If one is invited to a wedding which takes place during a time of the sefira when one's custom is to observe the practices of [[mourning]], and the one who is getting married has the custom that it is permissible to get married then, one should not refrain from going to the wedding because of the sefira.<Ref>[http://www.yutorah.org/lectures/lecture.cfm/774533/Rabbi_Hershel_Schachter/Shiur_#80_-_Yevamos_-_מפני_מה_גרים_בזה'ז_מעונים,_יש_זיקה,_ספירת_העומר Rabbi Hershel Schachter on yutorah.org (at the very end)] based on a ruling of Rav Moshe Feinstein Iggerot Moshe 1:159, Rav Soloveitchik (quoted in Nefesh Harav pg. 192), Rav Shlomo Zalman Auerbach (Shalmei Simcha page 84 and Halichos Shlomo, Sefiras Haomer 11:19), Rav Elyashiv (Ashrei Haish 3:65:30), Rav Yaakov Kamenetsky (Emet Liyaakov 493). However, Minchat Yitzchak 4:84 disagrees and feels that one may not attend a wedding during their Sefira </ref> However, one may still not shave in such a situation.<ref> Rav Moshe Feinstein (Igros Moshe OC 2:95) held that it is not permissible to take a haircut or shave, since that does not directly contribute to the joy of the chosson and kallah.</ref><br />
<br />
===Getting engaged===<br />
# It's permissible to get engaged during the Sefirah.<ref> Mishna Brura 493:3 </ref> However one may not have musical instruments and one shouldn't dance. <ref> Nitei Gavriel (Pesach v. 3, 51:5), Maamer Mordechai of Rav Mordechai Eliyahu (Sefirat HaOmer #45), Hanisuin Kihilchatam pg. 122 and Halichot Shlomo Moadim 2:11:18 </ref><br />
# In general, it is permitted to have meals with friends during the sefira unlike regular mourning. <Ref>Shulchan Aruch HaRav 493:1</ref><br />
===Celebrating a Bar Mitzva===<br />
# It is permissible to celebrate a bar mitzva with dancing during sefira, but without music.<ref> Shulchan HaLevi pg. 135</ref><br />
===Cutting hair===<br />
# In commemoration of the death of the students of Rabbi Akiva, the minhag is not to cut one’s hair during sefira. Although many minhagim exist, the common minhag is that Sephardim don’t cut their hair until the 34th day of sefira in the morning and Ashkenazim don’t cut their hair until the 33rd in the morning.<ref><br />
* The Gemara Yevamot 62b records the tragic story of Rabbi Akiva’s student passing away between [[Pesach]] and [[Shavuot]]. The Tur 493:1 records the minhag not to take hair cuts during sefirat HaOmer in order to mourn the death of Rabbi Akiva’s students. The Tur writes that some would cut their hair from [[Lag BaOmer]] and on because there’s a tradition that the students of Rabbi Akiva stopped dying on [[Lag BaOmer]]. The Tashbetz 1:178, however, says that they died until 15 days before [[Shavuot]] (Pros HaAseret), which is the 34th of the Omer. S”A 493:2 follows the Tashbetz, while the Rama quotes some who follow the Tur and some who don’t take a hair cut from [[Rosh Chodesh]] Iyar until [[Shavuot]].<br />
* Bet Yosef 493:3 quotes the Ri Ibn Shoiv who records another tradition that Rabbi Akiva’s students only died on the 33 days during the Sefira when there’s no [[Tachanun]]. According to this tradition, Beiur Halacha 493 s.v. Yesh the minhag developed to mourn 33 days during the sefira corresponding to the days they died. Kitzur S”A 120:6-7 writes that some mourn the last 33 days of sefira starting after [[Rosh Chodesh]] Iyar excluding [[Lag BaOmer]] and a variant minhag is to mourn from the first day of [[Rosh Chodesh]] Iyar until the Shelosha Yemei Hagbala excluding [[Lag BaOmer]]. <br />
* S”A 493:2 writes that the minhag is to mourn from the beginning of the sefira until the morning of the 34th of the Omer. Kaf HaChaim 493:12 and Chazon Ovadyah (pg 253) agree that this is the common minhag among Sephardim. Yalkut Yosef (Moadim pg 430) and Maamer Mordechai of Rav Mordechai Eliyahu (Sefirat HaOmer #48) agree. Kaf HaChaim 493:12-3 adds that some follow the Arizal’s practice not to cut one’s hair the entire Sefira.<br />
* Although the Mishna Brurah 493:15 records the Ashkenazic minhag to mourn from the first day of [[Rosh Chodesh]] Iyar until the Shelosha Yemei Hagbala, [http://www.yeshiva.org.il/midrash/shiur.asp?id=301 Peninei Halacha] (Hilchot Sefirat HaOmer) writes that nowadays the common Ashkenazic minhag is like the Rama to mourn from the beginning of the Omer until [[Lag BaOmer]] in the morning. <br />
* Mishna Brurah 493:6 explains S”A as saying that one may only cut one’s hair starting from the 34th in the morning because Miksat HaYom KeKulo only operates starting in the daytime. In 493:10 he writes that the same for the Rama regarding the 33rd. However, Mishna Brurah 493:11 quotes some achronim who argue that one may even cut one’s hair from the nighttime. Rav Shlomo Zalman (cited by Halichot Shlomo p 364, note 80) once permitted taking a hair cut on Lag BeOmer at night. </ref><br />
# The Sephardic custom on a year that [[Lag BaOmer]] falls out on Friday is that one may cut one's hair on Friday morning out of respect for [[Shabbat]] and if one is unable to cut one's hair on Friday morning, it's permissible to cut one's hair on Thursday night after [[Tzet HaKochavim]]. <ref> Yalkut Yosef (Moadim pg 431-2) </ref><br />
# According to Ashkenazim, if there's a pressing need women may cut their hair during Sefirat HaOmer.<ref>Sh"t Igrot Moshe YD 2:137. See [https://docs.google.com/viewer?url=http://www.thehalacha.com/attach/Volume5/Issue8.pdf&pli=1 Halachically Speaking article on Sefirah]. See Nitei Gavriel ([[Pesach]] 49:11) who writes that the minhag not to cut one's hair during sefirah also applies to women. </ref> According to Sephardim, women may cut their hair during the Sefirah.<Ref>Chazon Ovadyah ([[Yom Tov]] pg 261)</ref><br />
# According to some poskim, children under the age of bar mitzvah are permitted to get haircuts during the omer as they are not included in the [[mourning]] of the [[sefirat haomer]]. <ref> Sh"t Or Litzion 3:page 184 </ref> <br />
# If one has a [[Brit Milah]] during the Sefira, the father of the baby, the Mohel, and the Tzandak may cut their hair that day. <ref> Yalkut Yosef (Moadim pg 432) </ref><br />
# It is permissible to tweeze eyebrows or eyelashes. <ref> Bein [[Pesach]] Lishavuot page 241 quoting Rav Shlomo Zalman Auerbach and Rav Shmuel Wosner. </ref><br />
# It is permissible to comb hair even if some hairs will be removed in the process. <ref> Mishna Brurah 551:20 </ref><br />
===Shaving===<br />
# Included in the minhag not to take hair cuts is not to shave. <ref> Tur 493 says that some have the custom "lo lihistaper." Masekhet Semachot (7:11) in regards to [[mourning]] writes that lihistaper means to cutting the hair of one's head, mustache, beard, and all other hair. Nitei Gavriel ([[Pesach]] vol 3, 49:2) and Chazon Ovadyah (p. 262) write that including in the minhag not to take a hair cut is not to shave.</ref> Some authorities permitted someone who shaves daily after having waited 3 or 5 days of not [[shaving]] to shave during the Sefira. <ref> Rav Soloveitchik (cited by Rav Schachter in Nefesh HaRav pg 191-2) compared the Sefira to the 12 months of [[mourning]] in which a person who shaves daily may shave after waiting a few days. Rav Soloveitchik felt that this was the case because all customs have to be based on some opinion or patterned after another halacha. Therefore, he argues that the [[mourning]] of the Omer is parallel to the [[mourning]] during the year of [[mourning]] for a parent. Therefore since the halacha says that it is permissible to shave during the year once one's friends scold him to tell him that his hair is too long ("ad she-yig'aru bo chaveirav": Moed Katan 22b, Rambam Hilkhot Evel 6:3), it would be permissible during the omer also.<br />
* Rav Schachter ([http://www.yutorah.org/sidebar/lecture.cfm/733780/rabbi-hershel-schachter/hilchos-chol-hamoed/ “Hilchos Chol HaMoed”], min 67-70) clarified that not [[shaving]] for 3 or 5 days is sufficient. Rabbi Willig (“Hilchos [[Pesach]] and Sefira#1”, min 85-90) also quotes Rav Soloveitchik. Rav Aharon Lictenstein [http://vbm-torah.org/archive/halak65/24halak.htm vbm.org] says that it is even an obligation to shave for kavod [[shabbat]] on Friday incorporating Rav Soloveitchik's approach. </ref> <br />
# Many Sephardic authorities are lenient regarding shave on [[Rosh Chodesh]] Iyar if it causes one pain not to shave, however, Ashekanzic authorities seem not to accept such a leniency.<ref><br />
* The Bet Yosef 493:3 writes that those who cut their hair on [[Rosh Chodesh]] Iyar because they consider it a [[Yom Tov]] are mistaken because the minhag is not to cut their hair on [[Rosh Chodesh]] Iyar. He adds that they may have mistakenly thought it was permitted based on another minhag which would mourn another 33 days during the sefira. Similarly, Mishna Brurah 493:14 summarizes that according to those who don’t cut their hair the first 33 days of the Sefira, it would be contradictory to shave on [[Rosh Chodesh]] Iyar.<br />
* However, the Radvaz 2:687 permits cutting one’s hair on [[Rosh Chodesh]] Iyar if not cutting one’s hair causes one’s pain based on the halacha that one who is pain is exempt from the mitzvah of [[Sukkah]]. Sh”t Chazon Ovadyah (vol 1, pg 55) clarifies that although the halacha of [[Sukkah]] is based on Teshvu Kein Taduro, the Radvaz means that it’s logical that one can be lenient if it’s bothersome since sefira is only a minhag. Chida in Yosef Ometz 40:2 and Kaf HaChaim 493:40 write that some rely on this Radvaz. Similarly, Rav Ovadyah in Yalkut Yosef (Moadim pg 431) and Chazon Ovadyah (pg 262) writes that one should be careful not to shave during sefira and if it’s difficult not to shave, one may shave on [[Rosh Chodesh]] Iyar. <br />
* The Bach 493 quotes the Minhagim who says that it’s permitted to get married on [[Rosh Chodesh]] Iyar if it falls out on [[Shabbat]] and explains that it’s based on the fact that there’s a combination of the [[kedusha]] of [[rosh chodesh]] and [[kedusha]] of [[Shabbat]] to override [[mourning]] of Sefira. Pri Megadim (E”A 493:2) clarifies that the Bach means getting married on Friday because it’s forbidden to get married on [[Shabbat]]. Regarding this Bach, the Pri [[Chadash]] 493:3 writes that the same is true for haircuts. Thus, Mishna Brurah 493:5 writes that if [[Rosh Chodesh]] Iyar falls out on [[Shabbat]] one may cut one’s hair on Friday. Kitzur S”A 120:6 and S”A HaRav 493:8 agree. It seems clear from the above achronim that [[Rosh Chodesh]] alone isn’t sufficient to permit cutting one’s hair. </ref><br />
# Many authorities hold that one may not shave on Friday for [[Kavod Shabbat]], though some allow it. If there is a great need the Sephardic poskim are lenient to allow shaving every Friday.<ref><br />
* Rav Shlomo Zalman (cited by Shalmei Moed pg 449-450) and Rav Yacov Kamenetsky (Emet L’Yaakov 493 note 467) hold that one may not shave during the sefira for [[Kavod Shabbat]]. (It seems evident from the Mishna Brurah 493:5 that one may not cut one’s hair because of [[Kavod Shabbat]] alone.)<br />
* However, Rav Lichtenstein (vbm.org) ruled that not only is it permitted but an obligation to shave for [[kavod Shabbat]] during sefira just like [[Kavod Shabbat]] theoretically overrides the [[nine days]] (see Mishna Brurah 551:32). <br />
* Similarly, Rav Ovadyah in Chazon Ovadyah ([[Yom Tov]] pg 262) and Yalkut Yosef (Moadim pg 431) writes that if there is a great need one may shave every Friday. [http://www.hebrewbooks.org/pdfpager.aspx?req=9084&st=&pgnum=321 Kaf Hachaim 493:17] and Nitai Gavriel (Pesach v. 3, 49:7) write that if one gets headaches from not shaving one may shave every Friday.</ref><br />
# Some authorities permit [[shaving]] in honor of [[Yom HaAtzmaut]], however, some disagree. <ref> Rabbi Eliezer Melamed (Peninei Halacha "[[Yom HaAtzmaut]]") writes that those who shave regularly should shave prior [[Yom HaAtzmaut]] in order to look presentable for the holiday. He also quotes Rav Yitzchak Nissim and Rav Tzvi Yehuda HaCohen Kook who agreed. Shana Beshana (5752, p. 145) quotes Rav Tzvi Pesach Frank as agreeing. Shana B’shana (5752, p. 145) quotes Rav Tzvi [[Pesach]] Frank as agreeing. Rav Shaul Yisraeli in Mareh HaBezek 4:54 permits [[shaving]] from after midday prior to [[Yom HaAtzmaut]] even for those living outside [[Israel]]. However, Yaskil Avdi 6:10 and Rav Soloveitchik (quoted by Rav Schachter in Nefesh HaRav p. 94) argue.</ref><br />
# Many authorities permit [[shaving]] if not [[shaving]] will cause one a loss of income; however, each case should be judged individually. <ref><br />
* Rav Moshe in Igrot Moshe 4:102 rules that if one will lose money by not [[shaving]], one may shave during sefira, because the minhag never applied in a case of monetary loss. In 5:24(9), he explains his position and says that only a person who is concerned about losing his income for the duration of the sefira is permitted to shave. If, however, he can simply borrow money and then repay it with later income, this leniency wouldn’t apply. See Maadanei Shlomo (p. 54) who quotes Rav Shlomo Zalman as also being lenient.<br />
* Similarly, Sh”t Zera Emet 69 writes that for [[parnasa]] it is permitted, but each case should be judged independently. Chida in Machzik Bracha 493:4, Kaf Hachaim 493:19, Sh”t Yaskil Avdi 6:5, and Nitei Gavriel (49:8) agree.<br />
* However, Piskei Shemuot (p. 62) quotes Rav Elyashiv saying that nowadays it is forbidden to shave for [[parnasa]] because it’s not considered strange to go unshaven. </ref><br />
# Many authorities hold that one is not permitted to shave during his custom of sefira in order to look presentable for a date. <Ref> [http://thehalacha.com/wp-content/uploads/Vol5Issue8.pdf Halachically Speaking] quoting Rav Belsky, Piskei Shmuos (pg 62-63) quoting Rav Elyashiv </ref><br />
<br />
===Cutting nails===<br />
# It is permissible to cut one's nail during the Sefirat HaOmer. <ref>Maamer Mordechai of Rav Mordechai Eliyahu (Sefirat HaOmer #54), Kaf Hachayim 493:16, Chazon Ovadia Hilchot [[Yom Tov]] page 261, Sh"t Rivivot Ephrayim 4:126:5 </ref><br />
<br />
===Making Shehecheyanu===<br />
# If something occurs that would require a [[shehecheyanu]], one should recite it as usual. <ref> Mishna Brurah 493:2. The minhag not to is quoted in the Eliyahu Zuta 493:1 quoting Rabbeinu Yerucham and Leket Yosher page 97 quoting the Terumat Hadeshen. </ref><br />
# It is preferable not to wear new clothing which would require one to make a [[Shehecheyanu]] during the Sefira, however, if there's a need one should do it on a [[Shabbat]], at a Simcha of a [[Bar Mitzvah]] or [[Brit Milah]]. <ref> Yalkut Yosef (Moadim pg 433). </ref> Others write that it is completely permissible and one may buy new clothing and furniture during sefira. <ref>The Mishna Berura (493:2) writes that it is permissible to recite the bracha of shehechiyanu during sefira.Thus, Rav Moshe Feinstein (Mesoras Moshe, p. 156), Rav Yaakov Kamenetzky (Emes L’Yaakov O.C. 493), Rav Shlomo Zalman Auerbach (Halichos Shlomo, Sefiras Haomer 11:53, Shalmei Moed pg. 441 and Aleihu Lo Yibol 286), and Rav Yosef Shalom Elyashiv (Ashrei HaIsh, Moadim 65:12) rule that it is completely permissible to buy new clothing if it is not your minhag not to. See Taamei Haminhagim page 251. </ref> The accepted Sephardic minhag is to make [[Shehecheyanu]] as usual. <Ref> Maamer Mordechai of Rav Mordechai Eliyahu (Sefirat HaOmer #55) </ref> If one thought it was prohibited to recite [[shehecheyanu]] but later found out that it is not, doesn't need a [[hatarat nedarim]] to start saying [[shehecheyanu]] during sefira. <ref> Yechave Daat 1:24. </ref><br />
# It is permitted to buy new undergarments which do not regularly require a [[Shehecheyanu]] during sefira. <ref> Piskei Teshuvot 493:3 </ref><br />
# It is permissible to eat a new fruit which would require one to make a [[Shehecheyanu]] during the Sefira. <ref> Yalkut Yosef (Moadim pg 434), Rav Elyashiv quoted in Mivakshei Torah 19 </ref><br />
# It is permissible to move into a new apartment and make the requisite [[Shehecheyanu]] during the Sefira. <ref> Yalkut Yosef (Moadim pg 434) </ref><br />
<br />
===Moving to a New House===<br />
# It is permitted to move to a new house or apartment during sefira. <ref> Piskei Teshuvot 493: note 6 quoting the Satmar Rebbe, Mevakshei Torah 19 quoting Rav Elyashiv, Tzitz Eliezer 11:41. Piskei Teshuvot 493:1 quotes several poskim who bring down this minhag. </ref><br />
# It is permitted to redecorate or paint one's home. <ref> Yechave Daat 3:30, Tzitz Eliezer 11:41. Piskei Teshuvot 493:1 quotes several poskim who bring this minhag as well. </ref><br />
===Listening to Music===<br />
{{Listening to Music during Sefira}}<br />
<br />
==Sources==<br />
<references/><br />
[[Category:Holidays]]<br />
[[Category:Pesach]]<br />
[[Category:Prayer]]</div>Qehath.zhttps://halachipedia.com/index.php?title=Beit_Din_and_Dayanim&diff=21997Beit Din and Dayanim2018-11-25T14:44:26Z<p>Qehath.z: /* Vigilante Action */</p>
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<div>== Semichah and Cases a Beit Din May Judge ==<br />
Up until the times of the Tannaim and Amoraim, Dayanim could be granted Semichah as a certification to judge cases involving Kenas, such as Chatzi Nezek and Kefel.<ref>Shulchan Aruch Choshen Moshpat 1</ref> Semichah was transmitted Rebbe to Talmid from Moshe Rabbeinu and on until R' Yehudah Ben Bava.<ref>See Sanhedrin 14a</ref> There was an additional license to judge known as Reshut, granted by the Nasi in Eretz Yisrael and the Resh Galuta in Bavel. Reshut enabled a Dayan was license bring litigants to court against their will, and it also served as insurance, exempting judges who who erred in their rulings from reimbursing the losing party. <ref>Sanhedrin 5b</ref><br />
What we colloquially refer to as "Semichah" nowadays is, in fact, neither of these, but, rather, "Hetter Hora'ah Bifnei Rabo." That is to say, that even if one arrives at the level of Mumcheh, he still may not voice a Halachic opinion within a certain proximity of his Rav Muvhak. Only when his rebbe grants him Semichah may he pasken regularly. <ref>Shu"t HaRivash Simah 271, cited by SMA Choshen Mishpat 1:9, Eretz HaTzvi pg. 225</ref><br />
<br />
==Establishing a Bet Din==<br />
# Even though according to Torah law there is a mitzvah to establish a Jewish court system in every county and in Israel in every town<ref>Gemara Macot 7a, Rambam (Sanhedrin 1:1-2)</ref>, nowadays this mitzvah doesn’t apply since we don’t have judges with ordination from the times of Moshe. <ref>Sama 1:1</ref><br />
==Cases can Bet Din judge according to the Strict Law==<br />
# Nowadays the Bet Din, or Jewish court, can’t judge according to the regular monetary laws in cases where (1) there is no monetary loss, (2) are uncommon, (3) involve the primary payment for bodily injuries due to bodily damages, or (4) are a penalty disproportionate with the value of the damage. <ref>Gemara b”k 84b, Tur and S”A CM 1:1 </ref> <br />
## No mentary loss: If a person hits his friends and embarrassed him bet din can’t enforce a payment since there’s no monetary loss to the victim. <ref>Tur CM 1:1, Sama CM 1:5</ref><br />
## Uncommon: If one animal gores another animal bet din can’t enforce a payment since it is uncommon. <ref>Rambam Sanhedrin 5:9, S”A CM 1:1</ref> Yet, if an animal damages in a common way either by consumption of property or by its movement or walking, bet din can collect a payment.<ref>S”A CM 1:3 writes that bet din can collect for shen and regel since these are common.</ref><br />
## Bodily Injuries due to bodily damages: If a person hits his friend the bet din can’t enforce any payment for the primary payment for the bodily injury, embarrassment, and payment for pain, but bet din can enforce payment for medical bills and compensation for work loss. <ref>S”A CM 1:2. Sama 1:12 adds that according to the Rambam medical bills and work loss can be collected even in a uncommon case, such as if one’s hand was cut off, since the category of bodily injuries is common. </ref> Some argue that bet din can’t judge any payments for bodily injury but can force the damager to appease the victim.<ref>Rama CM 1:2</ref><br />
## Penalties: If a person steals from his friend and is caught with the item, according to Torah law he needs to pay double, however, bet din can’t enforce his payment today. <ref>Rambam Sanhedrin 5:9, S”A CM 1:1</ref><br />
# Property damages: Bet din can judge on cases of a person who damaged another person’s property and cases of theft.<ref>S”A CM 1:3. Shach 1:9 explains that S”A and Rambam hold that bet din can judge all cases of theft, unlike the Sama who says bet din can’t judge cases of theft which were a result of combat.</ref> Bet din can even judge on cases which are indirect damages.<ref>S”A CM 1:4</ref> Some say that bet din can’t judge cases of outright theft but bet din can judge cases where a person denied returning money deposited by him or the like.<ref>Rama 1:3</ref> <br />
# Someone who verbally embarresses his friend is put in excommunication until he appeases his friend. <ref>S”A CM 1:6</ref><br />
# Summary: Bet Din can judge cases of loans, admissions of obligation, gifts, inheritance<ref>S”A CM 1:1</ref>, bodily injury<ref>S”A CM 1:2</ref>, property damages, theft<ref>S”A CM 1:3</ref>, conversions, and divorce<ref>Sama 1:3 explains that we judge conversions and divorce even though even aren’t monetary because of their particular importance to Jewish society.</ref><br />
==Enforcing paymen for Penalties==<br />
# Even payments which bet din can’t judge today, according to the rules set above, bet din can force a defendant to appease his plaintiff and if he doesn’t do so they can excommunicate the defendant.<ref>S”A CM 1:5</ref> As long as the defendant pays close to the amount of the loss bet din will remove the excommunication.<ref>Sama 1:17</ref><br />
# Bet Din doesn’t excommunicate a person to pay for a penalty above the actual loss.<ref>Sama 1:18, Shach 1:14</ref><br />
# A person can grab the penalty that is owed him. <ref>S”A CM 1:5</ref><br />
==Judging according to compromise==<br />
# It is a mitzvah upon the judge to open up the case by asking the litigants if they want to have an arbitration based on compromise (peshara) or a regular legal case. The court which uses arbitration more often is praiseworthy.<ref>Shulchan Aruch CM 12:2</ref> Bet Din can't force someone to go above and beyond the letter of the law and some poskim argue.<ref>Rama CM 12:2</ref><br />
<br />
==Power of Bet Din==<br />
# The bet din of each community has the authority to establish practices for its community just like the geonim had an authority to establish practices for all Jews.<ref>Sama 2:10</ref><br />
# Theoretically, bet din has the authority to punish a criminal in any fashion according to the need of the time and place.<ref>Sanhedrin 46a, S”A CM 2:1. Sama 2:1 adds that this applies even outside Israel. Sama 2:3 expands the authority of bet din to cases of an individual criminal, not just where a certain crime plagues the entire community. See Sama 2:6 and Shach 2:6 regarding theoretically administering capital cases today.</ref><br />
# Nonetheless, in America, bet din can’t force people to adhere to religious principles. <ref>Rav Schachter in a [http://www.yutorah.org/lectures/lecture.cfm/832595/Rabbi_Hershel_Schachter/Shiur_#90_-_Kesubos_-_Dina_D'malchusa shiur on yutorah] explained that since the laws of religious freedom benefit Jews and non-Jews alike, it is applicable upon Jews in the sense that they can’t force other Jews in religious law. He compared it to the ruling of Rav Henkin with respect to rent control being applicable even between a Jewish landowner and a Jewish renter since it is a law that benefits Jews and non-Jews alike.</ref><br />
==Number of Judges Necessary==<br />
# A bet din can’t function with less than 3 judges. These 3 judges can be any 3 people even if they’re not knowledgeable as long as one of them is familiar with the laws of judging. <ref>S”A and Rama CM 3:1. The Sama 3:1 rules that really biblically even one judge is sufficient, however, the Shach 3:1 and 3:5 argues that biblically 3 judges are necessary.</ref><br />
# If none of the judges are knowledgable, the bet din doesn’t function unless they are the communally accepted bet din.<ref>Shach 3:3</ref><br />
# Even though theoretically one expert judge can judge cases without any other judges, nowadays we don’t have an expert judge of that caliber.<ref> S”A and Rama 3:2</ref> However, if the one expert judge was accepted by the disputants and the case is simple, he can judge the case, otherwise an individual judge should not judge alone.<ref>Shach 3:10. S”A 3:3 writes that it is always preferable to have a bet din of 3 judges and not just a single expert judge.</ref><br />
# The more judges on a bet din the better, though, the judges need to be fit to be judges.<ref>S”A CM 3:4</ref><br />
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<br />
==Vigilante Action==<br />
# A person who finds that his friend stole from him can retrieve his property even if that means that he’ll have to hit him as long as he can’t do something else. Even if there’s no immediate loss, even if he would wait until the case would go to court, he is allowed to retrieve his property. This is on condition he is able to prove in court that he is deserving of the money he is grabbing.<ref>Rav Nachman in Bava Kama 27b, Shulchan Aruch Choshen Mishpat 4:1 with Rama</ref><br />
# If there’s no concern of loss, it is forbidden to hit him.<ref>Netivot Mishpat 4:1, Lechem Mishna (Avadim 3:5)</ref><br />
<br />
==Ordering of Cases==<br />
# A bet din should judge that come before him in the order that he received them, irrelevant of the amount involved in each case.<ref>Sanhedrin 8a, Midrash Tanchuma (Mishpatim no. 6), Tur and S”A CM 15:1. Rambam (Sanhedrin 20:10) quotes this halacha of treating each case irrelevant of the amount involved equally in general and with respect to ordering the cases. Maharsha (Sanhedrin 8a s.v. kekatan) adds that one shouldn’t rearrange the order of the cases even though the judge won’t be able to collect his fee for the small case and would collect a fee for the large case.</ref><br />
# Some say that it is permitted to rearrange the order of the cases if the earlier case is complex and will take a long time and a later case is quick and easy.<ref>Radvaz (Sanhedrin 20:10). Cheshukei Chemed (Sanhedrin 8a s.v. haim) writes based on this Radvaz in a grocery store it is proper to allow a customer who is only buying one simple item to precede someone who is making a large order. </ref><br />
# If there’s a case that involves marital strife and monetary cases, the case of marital strife takes precedence.<Ref>Kesef Kedoshim CM 15:1 based on Bamidbar 32:24</ref><br />
# The case of a talmid chacham takes precedence over other cases out of honor for the talmid chacham and in order to prevent him from learning.<ref>The gemara Shevuot 30a says that we do give precedence to a talmid chacham’s case. This is codified by the Tur and S”A CM 15:1. nonetheless, the Sama 15:4 writes that nowadays we don’t have a talmid chacham for this purpose.</ref><br />
<br />
==Binding Agreements==<br />
# If the defendant says that if I doesn’t come on a certain day to swear and be exonerated then you the plaintiff will be believed to take his money with an oath that is a binding agreement if the plaintiff receives a kinyan from the defendant on this matter. The same is true if the plaintiff says that if I don’t come by a certain day to swear and collect then you, the defendant, are exempt. <br />
# However, if the person who made the stipulation can show that there was an unforeseen circumstance preventing him from returning, the stipulation isn’t binding and he can take the oath at a later date.<ref>The Rambam Sanhedrin 7:10 writes that if the person who made a stipulation about the oath can’t fulfill his stipulation because of an unforeseen circumstance the stipulation isn’t binding and he can take the oath later. The Hagahot Maimoniyot (Sanhedrin 7:9) and Bet Yosef CM 21:1 cite the Smag (Asin 97) who agrees with the Rambam and proves it from the Yerushalmi. However, the Bach 21:1 argues that the Smag is trying to disprove the Rambam from the Yerushalmi. <br />
* Indeed, the Yerushalmi Kiddushin 3:2 cites a dispute between Reish Lakish and Rabbi Yochanan about someone who said that wants to perform kiddushin with a woman on condition that he marries her within a year. If an unforeseen circumstance arises and he is unable to fulfill his condition, is his stipulation binding? Rabbi Yochanan says it is and there is no kiddushin, however, Reish Lakish says that it isn’t and she is mekudeshet. Since we pasken like Rabbi Yochanan (Yevamot 30a) this seems to be a proof against the Rambam that the stipulation is binding even if unforeseen circumstances arise. The Shach 21:3 answers for the Rambam and Shulchan Aruch 21:1 that only if the unforeseen circumstance is coming to exempt a person from an obligation we say that it isn’t binding, however, if it is coming to obligate oneself, then the agreement isn’t binding even if there was unforeseen circumstances since an ones can exempt but not create obligations. <br />
* In any event, there is a proof for the Rambam from the gemara Nedarim 27b as the Shach 21:3 and Biur Hagra 21:1 note. <br />
* The Sama 21:5 distinguishes between the two cases of the Rambam and says that if there is an unforeseen circumstance the person may still take an oath to exempt himself but not to still be able to collect. However, the Shach 21:4 argues that there is no such distinction in the Rambam. </ref><br />
<br />
==Edim==<br />
# The witnesses are called edim and must testify exactly what they heard and not just say someone is obligated to pay his friend because sometimes if the witnesses heard a person admit he owes money in truth he isn't obligated. <ref>Shulchan Aruch CM 32:1</ref><br />
# If a person hired false witnesses to testify that Reuven owes Shimon money and Reuven was awarded money based on these false edim, if in the truth Reuven didn't owe Shimon, Shimon doesn't admit that he doesn't deserve the money, the edim don't admit to lying, and the one who hired them does admit that he hired them as false witnesses, in the heavenly court he is obligated to pay Reuven for his loss.<ref>Bava Kama 55b, Shulchan Aruch CM 32:2</ref><br />
# Anyone who is invalid to be a judge is also invalid to be a witness except someone who loves or hates the litigant, who is invalid as a judge but valid as a witness.<ref>The gemara Sanhedrin 29a states that even according to the rabbanan who say that someone who loves or hates a litigant is valid as a witness is invalid as a judge and learn it from a pasuk. Shulchan Aruch CM 33:1 rule like the rabbanan. The Sama 33:1 explains that whereas for testimony we assume that someone who loves or hates the litigant won't lie in court and alter the facts he witnessed, the role of a judge involves much more subjective assessments which could be easily biased. </ref><br />
===Blood Relatives===<br />
[[Image:Relatives.png|right|450px]]<br />
# The following relationships are considered first order relationships (rishon b'rishon): <br />
## A sibling with another sibling, maternally or paternally or both<br />
## A parent and a child<ref>Rif (Bava Batra 56b) writes that the gemara concludes that we don't follow Mar Bar Rav Ashi because he permitted a grandparent thinking that he was considered rishon b'shelishi but really a father and son is rishon b'rishon and a grandson is rishon b'shelishi, which is permitted. The Rambam (Edut 13:5) agrees. The Tur and Shulchan Aruch 33:2 agree with the definition of the Rif that a parent to child is rishon b'rishon.</ref><br />
## A husband and wife<br />
# The following relationships are considered relationships between someone of one generation with someone one generation apart (rishon b'sheni): <br />
## A descendant of a sibling<br />
## A grandchild<ref>Mar Bar Rav Ashi in Bava Batra 128a permitted a grandfather to testify about a grandchild but the gemara concludes that we do not follow his opinion.</ref><br />
# The following relationships are considered second order relationships (sheni b'sheni): <br />
## First cousins<br />
# The following relationships are considered relationships between someone of one generation with someone two generations apart (rishon b'shelishi): <br />
## A great grandchild<ref>The Rashbam (Bava Batra s.v. leveyt) learns that once we don't follow Mar Bar Rav Ashi all direct descendants are relatives even a great grandchild and beyond. However, the Tosfot (s.v. leyt) argues as does Shulchan Aruch CM 33:2.</ref><br />
## A grandchild of sibling<br />
# The following relationships are considered relationships between someone of a second generation with someone one generation apart (sheni b'shelishi): <br />
## A cousin to a descendant of a cousin i.e. first cousin once removed<ref>Rabbi Abba in Bava Batra 128a states that a sheni b'shelishi is permitted. This is codified by Shulchan Aruch CM 33:2</ref><br />
# The following relationships are considered second order relationships (shelishi b'shelishi): <br />
## Second cousins<br />
# The halacha is that the first four categories described above are relatives and may not testify together. There is a dispute if the fifth category is considered a relative, Sephardim holding it isn't and Ashkenazim holding it is<ref>Rabbenu Tam (Bava Batra 129a s.v. iy) holds that a great grandfather is disqualified from testifying about his great grandson and the Rif (Bava Batra 56b) and Rambam (Edut 13:4) argue that it is permitted. Shulchan Aruch CM 33:2 quotes the Rambam as the primary opinion but also cites Rabbenu Tam and the Rama says that Ashkenazim hold like Rabbenu Tam. </ref>, and the sixth category certainly isn't a relative. <ref>Shulchan Aruch CM 33:2. The source for relatives being disqualified to testify against one another or together according to Gemara Sanhedrin 27b is the pasuk "לא יומתו אבות על בנים" (Devarim 24:16). The Sama 33:5 infers from the Rama that the disqualification of all relatives is biblical with the exception of someone of one generation with someone two generations apart (shlishi b'rishon). The Rama 33:2 writes that some understood the Rambam to mean that maternal relatives are only rabbinic, however, the Shach 33:1 argues at length with this opinion and says everyone agrees that maternal relatives are biblically disqualified from testimony.</ref><br />
# Therefore, a father and child, brother and sibling, husband and wife, uncle and nephew, grandfather and grandchild, and first cousin are all relatives who may not testify about one another.<ref>Shulchan Aruch CM 33:2</ref><br />
===Relatives By Marriage===<br />
[[Image:Relatives_by_marriage.png|right|450px]]<br />
# Anyone who is disqualified to testify about a man is also disqualified to testify about his wife. Inversely, anyone who is disqualified to testify against a woman is also disqualified to testify against her husband.<ref>Gemara Sanhedrin 28b, Shulchan Aruch CM 33:3</ref> However, regarding the relationships between someone of one generation with someone two generations apart (rishon b'shelishi) if the person is only a relative through marriage he is fit to testify against him.<ref>Yerushalmi Sanhedrin 3:6 asks whether Moshe Rabbenu would have been able to testify about the wife of pinchas and Rabbi Yochanan answers that it is permitted. From here the Rosh (responsa 57:3) learns that a relative two generations apart through marriage is permitted to testify. Shulchan Aruch 33:3 codifies this for the opinion of Rabbenu Tam.</ref><br />
# The first two categories are disqualified even if it involves going through two marriages.<ref>Shulchan Aruch CM 33:4</ref> Some say that the second category is permitted if it goes through two marriages.<ref>Rama CM 33:4 writes that we hold like this opinion. The Bear Heitiv 33:4 says that initially this should be avoided for judges.</ref> The third category is permitted if it goes through two marriages.<ref>Shulchan Aruch CM 33:4</ref> Initially this should be avoided for witnesses signing a document.<ref>Trumat HaDeshen 226 and Rama CM 33:4 as we're concerned for a Bet Din who will make a mistake and invalidate these witnesses.</ref><br />
## For example, men who are married to woman who are first cousins (sheni b'sheni) are permitted to testify together.<ref>Shulchan Aruch CM 33:4</ref><br />
## A man is disqualified to testify about his wife's son-in-law from a daughter from another marriage (rishon b'rishon with two baal k'ishto's).<ref>Shulchan Aruch CM 33:4</ref><br />
## A man may not testify about his wife's sister's husband i.e. brother-in-law (rishon b'rishon with two baal k'ishto's).<ref>Shulchan Aruch CM 33:4</ref><br />
## A man may not testify about his wife's sister's son-in-law (rishon b'sheni with two baal k'ishto's). However, a person may testify about his wife's sister's husband's son from another marriage. <ref>Shulchan Aruch CM 33:4</ref><br />
# Anyone who one can't testify against since he is married to a relative is considered a relative but not his relatives. Similarly, any woman married to a relative of oneself is a relative but not her relatives. <ref>Shulchan Aruch CM 33:5. Bet Yosef 33:5 writes that this rule is learned from the case of a half-brother's half-brother.</ref><br />
## For example, one's half-brother's half-brother isn't a relative for testimony. <ref>Rav Chisda in Sanhedrin 28b, Shulchan Aruch CM 33:7</ref> <br />
## Another example is the father of man and a father of a woman whose children are married (mechutanim) and aren't considered relatives.<ref>Shulchan Aruch CM 33:6</ref><br />
# A wife's relatives are one's own. For example, her children or children-in-law from another marriage, her parents or step-parents are all relatives. <ref>Shulchan Aruch CM 33:8</ref> There is a dispute about one's wife's grandparents is they are considered relatives for testimony. <ref>Sama 33:16 holds that are not relatives. Gra 33:23 agrees. However, the Taz 33:8 argues that they are relatives. See the Darkei Moshe CM 33:7 and Bet Yosef CM 33 s.v. avi chamiv who clearly imply that they hold like the Taz.</ref><br />
# A person may not testify about his wife once they are halachically engaged but he still may testify about her relatives.<ref>Shulchan Aruch CM 33:9. The Sama 33:17 writes that even testifying about one's engaged wife's relatives is only permitted after the fact.</ref> However, a person may even testify about his wife to be without any halachic engagement or marriage. Nonetheless, he might be biased if he is testifying about her receiving money.<ref>Rama CM 33:9</ref><br />
<br />
==Related Pages==<br />
* [[Secular Court]]<br />
* [[Dina D'Malchusa Dina]]<br />
<br />
==Sources==<br />
<References/><br />
<br />
==External Links==<br />
* [http://www.yutorah.org/halacha/jewish-law/beit-din/ YUTorah Shiurim]<br />
* [https://bethdin.org/ Beth Din of America]<br />
* [http://www.rabanut.org.il/index.php?option=com_content&view=article&id=111&Itemid=95 Israeli Chief Rabbinate Beit Din for Monetary Disputes]<br />
* [http://www.badatzqueens.org/ Badatz Mekor Chaim, Queens (HaRav Eliyahu Ben Chaim)]<br />
* [http://www.businesshalacha.com/en/page/arbitration Business Halacha Beis Din]</div>Qehath.zhttps://halachipedia.com/index.php?title=Boneh&diff=21611Boneh2018-09-16T18:47:21Z<p>Qehath.z: /* Umbrella */</p>
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The basic definition of Boneh is creating or assembling any kind of structure. In order to be culpable for Boneh, one need not even build the entire structure; even contributing to the building process can be enough to be culpable. The classic example of the av melacha of Boneh would be the construction of a permanent structure, like a house.<ref> Rav Eli Baruch Shulman highlighted a Rashi in Beitzah, 11b (s.v. d’ein binyan b’keilim) that says the reason that there is no binyan by keilim (according to Beis Hillel) is because Boneh applies only to binyan batim. </ref> The amount of Boneh that one must do to be culpable is any amount.<ref> Mishnah, Shabbos 102b. The Gemara says this is learned from the Mishkan where they would fill up wormholes in the kerashim with melted lead. </ref> <br />
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=== Two Primary Principles of Boneh ===<br />
# Creating a shelter ("asiat ohel") <ref>Rambam 7,6 This was done in the Mishkan when the walls and rooftops were assembled. </ref><br />
# Assembling pieces to create a form or structure ("me'dabek chalakim") <ref> Rambam 11,13 and 22,27 This was done in the Mishkan when the planks were assembled. </ref><br />
# Performing either of these actions constitutes a Torah-prohibition, as both of these actions were done in the construction of the Mishkan. An action that involves both of these principles is the av melacha of Boneh. <ref>Rambam as explained by the Even Ha'ezel 10,17. For instance, Rambam Hilchos Shabbos 7:6 writes that making cheese on Shabbos is a violation of Boneh, as it involves combining pieces together to create a new object.</ref> Pitching a tent, even if it does not require assembly, would be asiyas ohel and a toldah of Boneh.<ref> Rambam, Hilchos Shabbos, 10:13</ref><br />
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===Building shelters and tents===<br />
# Setting up a functional installation attached to the ground is a violation of Boneh (building). For example, it's forbidden to erect a post in the ground or tomato stake to support a tomato plant. <ref>39 Melachos (Rabbi Ribiat, vol 4, pg 1005) </ref> <br />
# Laying bricks, setting up rocks as a border to a garden, putting down rocks for landscaping purposes (like chips around a tree or on a road or path), and building a fence are all violations of Boneh (building). <ref> 39 Melachos (Rabbi Ribiat, vol 4, pg 1006) </ref> <br />
# Building a [[Sukkah]] is forbidden as Boneh (building). <ref>39 Melachos (Rabbi Ribiat, vol 4, pg 1010) </ref> <br />
# Building any functional land structure whether it is permanent or temporary is forbidden. <ref>39 Melachos (Rabbi Ribiat, vol 4, pg 1012) explains that if it is a construction that can't be taken apart and only can be broken then it's forbidden biblically whether it is permanent or temporary and if it is a assembly that can be dismantled then building it for temporary purposes (less than 7 days) is a rabbinic violation and building it for permanent purposes is biblical violations. </ref> <br />
# However, using an object as it is normally used such as closing a door is permitted. Similarly one may replace a removable paper towel roll or removable toilet paper holder. <ref>39 Melachos (Rabbi Ribiat, vol 4, pg 1014-5) </ref> <br />
===Adding on to a existing structure===<br />
# Just as it is forbidden to create even a temporary structure on [[Shabbat]], it is forbidden to add onto a permanent structure even if the addition is temporary.<ref>Kitzur Shulchan Aruch 80:67</ref><br />
# In previous centuries it was common to have dirt floors and it would be forbidden to put down new sand as it is left as a permanent layer of the floor and is a violation of Boneh (building). <ref>39 Melachos (Rabbi Ribiat, vol 4, pg 1015) </ref> <br />
# Putting down a large area rug which is meant to remain there for more than 7 days is forbidden as it is considered something that can become nullified to the floor. <ref>39 Melachos (Rabbi Ribiat, vol 4, pg 1017 and 1019) explains that since it is only a loose addition it doesn't become nullified to the floor unless it is put there for 7 days. </ref> <br />
# Tiling a floor, wallpapering a room, installing a doorknob are all forbidden as adding to an existing structure. <ref>39 Melachos (Rabbi Ribiat, vol 4, pg 1016-7) </ref> <br />
# According to many poskim it is permitted to rehang a picture that fell on [[Shabbat]] as long as the picture isn't expensive and rare. <ref>39 Melachos (Rabbi Ribiat, vol 4, pg 1019) explains that that according to many opinions hanging a picture isn't a violation of adding to a existing structure because it retains it's own function similar to putting a potted plant on the floor or a vessel in the breakfront even though it will remain for a long time. On pg 1038 he writes that it's permissible to rehang it unless it is a expensive and rare painting because it would be [[muktzah]] and according to some poskim it's [[muktzeh]] once it was attached during the onset of [[Shabbat]]. </ref> <br />
# One should not replace a [[mezuzah]] that fell on [[Shabbat]] because of issues of adding to an existing structure and [[muktzeh]]. However, if it is [[lying]] on the floor one pick it up in a abnormal way such as by using the palms of both hands. <ref>39 Melachos (Rabbi Ribiat, vol 4, pg 1038) </ref> <br />
===Digging and filling a hole===<br />
# When people used to have dirt floors, if there was a hole in the floor, filling it up would be a violation of Boneh. <reF>In Gemara ([[Shabbat]] 73b) Rava says that if one fills in a hole with dirt inside the house, one has violated Boneh. Rambam ([[Shabbat]] 10:12) rules that flattening the ground indoors, by flattening a mound or filling in a hole is a violation of Boneh. Mishna Brurah 337:6 writes that if one intentionally fills the holes when sweeping one would violate Boneh.</ref><br />
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===Assembling objects===<br />
# One of the biggest limitations in the melacha of Boneh is its application to keilim, moveable vessels that are not attached to the ground. ''Ein binyan b’keilim'' is a concept that appears in several Gemaras<ref> Shabbos 102b, 122b and Beitzah 11b are some examples </ref> and is the subject of an enormous machlokes<ref> According to Rashi Shabbat 74b s.v. ve’iy there is no issue of boneh when constructing a utensil and only if it is attached to the ground is it boneh, altogether either way it’ll be macah b’patish. However, Tosfot s.v. chavita argues that creating a kli is also boneh as the gemara Shabbat 102b cites the opinion of Rav who holds that assembling a shovel is boneh. Maginei Shlomo Shabbat 102b answers Tosfot’s question based on the Ramban (Milchamot Shabbat 37a) who explains that many other amoraim disagree with Rav and hold that there's no boneh in constructing utensils. See Peni Yehoshua Shabbat 74b for another answer. Nonetheless, the conclusion of most rishonim is that it is boneh to create a utensil from scratch like Tosfot. This is the opinion of Baal Hameor (on Rif Shabbat 37a s.v. ayil), Ran (37a s.v. makshu), Ramban (102b s.v. rav), and Rashba (102b s.v. hay). For further reading, the sefer Binyan Shabbos (Part 1) dedicates several chapters to this topic. </ref> among the rishonim, achronim, and poskim. Despite the all-encompassing implication of “ein binyan b’keilim,” most rishonim and poskim say that there are situations when one can make a kli and be chayav on a biblical level for Boneh. The general consensus among most rishonim is that Boneh does apply to keilim when one makes a kli in its entirety<ref> Chiddushei HaRamban, Shabbos 102b, s.v. Rav Amar. Also see Tosfos, Shabbos 74b, s.v. Chavisa </ref> or if one uses strength and craft (''chizuk v’umanus'') in the process of making it.<ref> Tosfos, Shabbos 102b, s.v. Hai. It should be noted that Rashi (Shabbos 47a, s.v. Chayav Chatas; Beitza 11b, s.v. d’ein) seems to be of the opinion that there is no concept of binyan b’keilim at all. However, Rashi says (Shabbos 47a) that there are cases, like making a kli in its entirety, when one would be chayav for makeh b’patish. </ref><br />
# Making a utensil loosely is permitted if it usually is made loosely, but it is forbidden to fit it together tightly or even loosely if it usually fits together tightly.<ref>The Gemara Shabbat 47a cites a dispute whether constructing a bed in a loose fashion is permitted but everyone agrees if it is tight it is forbidden. The Shulchan Aruch 313:6 rules that if it is loose it is permitted. Rama 313:6 writes that it is only permitted to assemble a utensil in a loose fashion if it is normally loose, however, if it is usually tight and you just made it loose once there is a concern you'll make it tight this time. The Bet Yosef cites this concept from the Hagahot Ashuri Shabbat 3:23 and infers it from the Rambam 22:26.</ref> For example, constructing an army cot from pieces that come apart on Shabbat or Yom Tov is forbidden since the legs fight in tightly.<br />
## If a shtender is made of multiple pieces it is forbidden to construct or reassemble if it is apart unless it is so loose that the pieces would wobble in their sockets.<ref>Shulchan Aruch 313:6 cites a dispute whether constructing a cup is similar to constructing a bed. Mishna Brurah 313:45 explains the dispute is whether a cup which is which put together tightly but not hammered together is judged like a bed or not. Mishna Brurah 313:46 writes that initially we are strict to assume that it is the same halacha as a bed but if there's a need of Shabbat we are lenient. Lastly, Mishna Brurah 313:47 equates a shtender made of pieces to a cup. Shulchan Aruch 313:6 only permits constructing a bed if it is loose. Biur Halacha 313:6 s.v. darka cites the Raavad who explains that loose means that it is so loose that it would wobble in its socket.</ref><br />
# Covering a pot with a cover tightly is permitted since it is meant to be opened and closed all the time.<Ref>Mishna Brurah 313:45</ref><br />
# A shtender which can have its height adjusted with a knob but isn't frequently adjusted, according to many poskim it is permitted to adjust the height on Shabbat, and according to others it is forbidden.<ref>Rav Shlomo Zalman Auerbach in Meor HaShabbat (v. 2 Letter 32:3) holds that it is permitted to adjust the height of a shtender with a knob which tightens and loosens, even if it is only infrequently adjusted, since the shtender is like covering and uncovering a pot, which was a utensil before and after the use. However, Minchat Yitzchak 9:38 disagrees since the shtender is only infrequently adjusted unlike a pot cover. See Dirshu (Mishna Brurah 313:45) and [http://ph.yhb.org.il/01-15-06/ Peninei Halacha Shabbat 15:6].</ref><br />
# Making an earth vessel such as an oven or barrel before it is hardened in the kiln is a violation of Boneh. <ref>Rambam ([[Shabbat]] 10:13)</ref><br />
# One shouldn't untangle [[Tzitzit]] strings on [[Shabbat]] because this involves Tikkun Kli (fixing of a vessel). <ref>Shemirat [[Shabbat]] Kehilchata 15:94</ref><br />
# One shouldn't make a paper boat or paper hat by folding the paper since this involves creating a vessel. <ref>Shemirat [[Shabbat]] Kehilchata 16:21</ref><br />
# One may fold a napkin regularly, but one shouldn't fold it in a special shape, such as is normally done in honor of guests. <ref>Shemirat [[Shabbat]] Kehilchata 28:17</ref><br />
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==In the Mishkan==<br />
# The melacha of Boneh was done in the Mishkan when they placed the kerashim, the planks that made up the walls, into their sockets.<ref> Yerushalmi Shabbos, 7th and 12th Perek </ref><br />
==Building a tent==<br />
# It’s forbidden to set up the roof of a tent, permanent or temporary, on [[Shabbat]], even if one there are no walls. Additionally, it’s forbidden to add onto a tent structure, however, a temporary addition to an existing structure is permitted. <Ref>Shemirat [[Shabbat]] KeHilchata 24:1-2 </ref><br />
# It is forbidden to set up a tent out of blankets even if it is meant to be temporary. <Ref>Menuchat Ahava (vol 3, 23:8), Shemirat [[Shabbat]] KeHilchata 24:1-2 </ref><br />
===Adding an existing structure===<br />
# It’s permitted to make a temporary addition to an exisiting tent. Therefore, if there is a [[Tefach]] of roof already opened before [[Shabbat]] one may continue to add a temporary addition to that roof, but one should only add to the existing roof starting from the side which is already roofed. <Ref>Shemirat [[Shabbat]] KeHilchata 24:6 </ref><br />
# One may not put a mat on top of polls or walls even if the mat is rolled up if there is a [[Tefach]] of width to the roll of the mat. Even if the rolled mat was put there before [[Shabbat]] one may not unroll it on [[Shabbat]], however, if a [[Tefach]] of the mat was already unrolled then it is permitted to continue to unroll it on [[Shabbat]]. <ref>Shemirat [[Shabbat]] KeHilchata 24:5, 7 </ref><br />
===Roof which is attached===<br />
# If a roof was attached before [[Shabbat]] with hinges or another permanent connection it is permitted to spread out that roof (which was attached) on [[Shabbat]]. <Ref>Shemirat [[Shabbat]] KeHilchata 24:13 </ref><br />
# It is permitted to open the hood of a baby carriage if it was attached from before [[Shabbat]], however, it was attached on [[Shabbat]] one may not spread it one [[Shabbat]]. Once the hood is open it is permitted to add a temporary additional roof but one should start to add to that roof from the side which is already covered (by the hood). <Ref>Chazon Ish OC 52:6 holds that it is permitted to open and close the roof of a baby carriage and it isn't considered like creating an ohel to protect from the sun. His reasoning is that it since it is attached to the carriage opening it is like extending a preexisting ohel. Also, it is like opening and closing a door which is built to do that. See Rama 626:3 regarding opening and closing a shlock for the sukkah and Mishna Brurah 315:27 regarding shtenders. In that piece Chazon Ish is disagreeing with the Nodeh Beyehuda OC 2:30 regarding umbrellas. Shemirat Shabbat KeHilchata 24:13 agrees and is lenient. Rav Ovadia Yosef in Chazon Ovadia (Shabbat v. 5 p. 302) writes that one should be strict for those are strict. Yalkut Yosef 315:12 quotes those who are strict and concludes that it is proper to leave it a tefach (excluding the folded part) open before Shabbat and extend it or fold it up on Shabbat.</ref><br />
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==Practical Examples of Building==<br />
==Folding table==<br />
# It is permitted to open a folding table. <Ref>Shemirat [[Shabbat]] KeHilchata 24:23 </ref><br />
# It’s permitted to add a table leaf to extend a table on [[Shabbat]] (for temporary use), however, one should take it apart unless one needs the space on that [[Shabbat]]. <ref>Shemirat [[Shabbat]] KeHilchata 24:23, Practical Laws of [[Shabbat]] (Rabbi Rafeal Soae, vol 2, pg 146), Rivivot Ephraim 1:222:3. Chazon Ovadia (v. 5, p. 315) writes that it is permitted to add a leaf to a table and it doesn’t involve constructing an ohel, since part of the ohel was already in place (and it is temporary). </ref><br />
# One should not remove a drawer from a table if there’s a depth of a [[Tefach]] in the drawer, however, it is permitted to remove a drawer from a dresser because even after removing the drawer there still remains a roofed structure in the dresser. <Ref>Shemirat [[Shabbat]] KeHilchata 24:24 (and note 85) </ref><br />
# It is permitted to spread a tablecloth even if it hangs over the side of the table. <Ref>Mishna Brurah 315:31, Shemirat [[Shabbat]] KeHilchata 24:25 </ref><br />
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===Umbrella===<br />
# The Rabbis forbade opening and closing an umbrella on [[Shabbat]]. Furthermore, they forbade using an umbrella that’s already opened from before [[Shabbat]]. <Ref>Shemirat [[Shabbat]] KeHilchata 24:15, Biur Halacha 315:7, Ben Ish Chai (second year Shemot #8), Noda Biyehuda 1:30, [https://www.dailyhalacha.com/Display.asp?ClipDate=3/25/2008 Rabbi Eli Mansour], Rivevot Ephraim 7:105 and 2:115:61. see however Chatam Sofer OC 72 who is lenient </ref> <br />
# An umbrella is [[muktzeh]] since it cannot be used <ref> Shemirat [[Shabbat]] KeHilchata 24:15 </ref><br />
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===Binoculars===<br />
See [[Balls_and_games#Binoculars_and_Telescopes | Binoculars and Telescopes]] on the [[Games on Shabbat]] page<br />
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===Setting up a Mechitza===<br />
# It’s permissible to set up a partition as a mechitzah in shul between men and women on [[Shabbat]]. <ref>Yalkut Yosef (vol 2, 315, pg 531), Rav Soloveitchik (cited in Nefesh Harav pg. 170) </ref><br />
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===Saltshakers===<br />
# It is permitted to open and close a saltshaker on [[Shabbat]]. <ref> Minchat Shlomo 1:11:4 says that this isn't an issue of boneh since it isn't typically screwed on tightly. </ref> <br />
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==Pot covers==<br />
It is permitted to cover or remove the cover on a pot on [[Shabbat]]. <ref>Yalkut Yosef (pg 506) </ref> Some say that one may not cover a pot which is larger than 40 seah. <Ref>Or Letzion (vol 2, chap 28:5) </ref><br />
===Glasses===<br />
# Some poskim permit a glasses lenses to be replaced by a non-professional <ref>Yalkut Yosef (pg 512) </ref> while others forbid. <Ref>Shemirat [[Shabbat]] KeHilchata 15:77 </ref> <br />
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===Hanging up Pictures===<br />
# Some say that on [[Shabbat]] it’s permitted to hang or remove a picture on a nail already in the wall. <Ref>Yalkut Yosef (pg 527) </ref><br />
===Bottle caps===<br />
# See the [[Opening_bottles_and_containers#Bottle_caps]] page.<br />
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===Ice cubes===<br />
# Some are lenient to allow making ice on Shabbat and don't consider it to be constructing ice cubes. <Ref>Yalkut Yosef (pg 515) </ref> In terms of preparing for after Shabbat, see [[Hachana]].<br />
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==Watches==<br />
# It is forbidden to wind a watch which has stopped working on [[Shabbat]]. <ref>Shemirat [[Shabbat]] KeHilchata 28:19 </ref> Some say that one may wind it if it is still working. <ref> Yalkut Yosef (pg 512) </ref><br />
===Shtender===<br />
# Some say that it is permitted to adjust the height of a shtender if (1) the parts aren’t held tightly and (2) the parts are frequently opened and closed (as is common which shtenders in shul). However, if the parts fit tightly or it isn’t opened and closed frequently (as is common which shtenders in a house) it’s forbidden. The pieces are considered held loosely if one isn’t considered if the parts move around where they are joined. <Ref>Or Letzion (vol 2, 27:3). Sh"t Minchat Yitzchak 9:38 prohibits in any event </ref> However, some poskim are lenient in all cases. <Ref>Yalkut Yosef (314, pg 504), Shulchan Shlomo 313:7, Sh”t Shevet HaLevi 6:32. </ref><br />
===Play pen===<br />
# Some sat that it is permitted to set up a baby’s play pen only if (1) the parts aren’t held tightly and (2) the parts are frequently opened and closed. However, if the parts fit tightly or it isn’t opened and closed frequently it’s forbidden. The pieces are considered held loosely if one isn’t considered if the parts move around where they are joined. <Ref>Or Letzion (vol 2, 27:1) </ref> However, some permit it if it is used frequently. <Ref>Shemirat [[Shabbat]] KeHilchata 24:23 </ref><br />
# It is forbidden to cover a play pen with a blanket to protect it from the sun or bugs. However if the blanket was spread over the pen from before [[Shabbat]] at least a [[tefach]] in width (not including the part which was rolled up) then one may spread it out fully on [[Shabbat]]. One should make sure not to remove the blanket totally rather leave at least a [[Tefach]] spread out. <ref>Shemirat [[Shabbat]] KeHilchata 24:9 </ref><br />
===Baby basket===<br />
# It is permitted to adjust the height of a baby’s basket if (1) the parts aren’t held tightly and (2) the parts are frequently opened and closed. However, if the parts fit tightly or it isn’t opened and closed frequently it’s forbidden. The pieces are considered held loosely if one isn’t considered if the parts move around where they are joined. <Ref>Or Letzion (vol 2, 27:1) </ref><br />
===Sukkah Schlock===<br />
# It is permitted to put a rainproof cover (like a plastic tarp) on top of the Sachach of a [[Sukkah]] on [[Yom Tov]] as long as it is clear that one is only doing so to protect the sukkah and also the covering is within 3 tefachim of the sachach. When putting on the cover one should be careful not to move the Sachach because it is [[Muktzeh]]. <Ref>Mishna Brurah 640:25, Shemirat [[Shabbat]] KeHilchata 24:12 </ref><br />
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===Beds===<br />
# It is permitted to spread a bed sheet even if it hangs over the side of the bed. <Ref>Mishna Brurah 315:31, Shemirat [[Shabbat]] KeHilchata 24:25 </ref><br />
# It is forbidden to put together a crib on [[Shabbat]]. <ref>Shemirat [[Shabbat]] KeHilchata 24:23 </ref><br />
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==Building a wall==<br />
# It’s forbidden to build a permanent wall which means that it is meant to last a few days. <Ref>Shemirat [[Shabbat]] KeHilchata 24:26 </ref><br />
# It is permitted to erect a temporary wall even to protect from the sun or wind; for example it’s permitted to set up temporary walls around a sick person’s bed <Ref>Shemirat [[Shabbat]] KeHilchata 24:27 </ref><br />
# It’s permitted to place a cloth in place of a broken window, but one may not use nails or thumbtacks. <Ref>Shemirat [[Shabbat]] KeHilchata 24:27 </ref><br />
# It’s permitted to set up a Parochet (curtain) in front of the Aron in Shul on [[Shabbat]] as long as it doesn’t have a width of a [[Tefach]] as a roof. Some only permit if there are doors besides the curtain while others forbid unless there are doors. <Ref>Rama 315:1, Mishna Brurah 315:7 </ref> If it is a large Parochet it should only be put up by two people so that it doesn’t fold over and form a tent on [[Shabbat]]. <ref>S”A 315:12, Mishna Brurah 315:8 </ref><br />
===Curtains===<br />
# It’s permitted to set up a curtain in place of a door even if it’s attached at the bottom and top only if it is meant to be set up temporarily (less than a few days). <Ref>Shemirat [[Shabbat]] KeHilchata 24:27 </ref> <br />
# Some permit setting up a curtain even for many days (permanently) if it is only attached at the top and not the bottom. However, others hold that this is biblically forbidden. Even according to those who permit when put up a large curtain one must make sure to put it up with two people so that it doesn’t fold over while trying to put it up and when it folds over it will form a tent on [[Shabbat]]. <Ref>Shemirat [[Shabbat]] KeHilchata 24:28 quotes the opinion of the Rama 315:1 and Mishna Brurah 315:6 as being lenient against the Chazon Ish 52:13 who is strict, but don’t resolve or take a side in the dispute. The Shemirat [[Shabbat]] KeHilchata insists on putting it up with two people based on the S”A 315:12 </ref><br />
# Setting up a curtain in place of a window is the same as a door (if it’s temporary it’s permitted, if it’s permanent some permit if one only attaches it at the top while others forbid.) <ref>Shemirat [[Shabbat]] KeHilchata 24:29 </ref><br />
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==Links==<br />
* [http://www.yutorah.org/lectures/lecture.cfm/710114/Rabbi_Yaakov_B_Neuburger/Boneh:_Halacha_lema'aseh Boneh: Halacha lema'aseh] by Rabbi Yaakov Neuburger<br />
* Article on [http://www.yeshiva.co/midrash/shiur.asp?id=13223 Assembling Portable Cribs and Adjusting Shtenders on Shabbos] by Rabbi Yirmiyohu Kaganoff<br />
==Sources==<br />
<references/><br />
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[[Category:Orach Chaim]]<br />
[[Category:Shabbat]]</div>Qehath.zhttps://halachipedia.com/index.php?title=Answering_Amen_to_Your_Own_Bracha&diff=21595Answering Amen to Your Own Bracha2018-09-05T20:55:17Z<p>Qehath.z: </p>
<hr />
<div>__NOGLOSSARY__<br />
<p class="indent">The Gemara [[Brachot]] 45b says that one shouldn't answer [[amen]] to one's own bracha except for the bracha of [[Boneh]] Yerushalayim. Rashi (45b s.v. Ha) explains that [[Boneh]] Yerushalayim is only an example; in reality, the same would be true of any bracha that completed a series of [[brachot]]. [[Boneh]] Yerushalayim itself concludes the series of biblical [[brachot]] of [[Birkat HaMazon]].<ref>A number of rishonim agree with Rashi that [[Boneh]] Yerushalayim was only representative including the Rabbenu Chananel (cited by Tosfot 45b s.v. Ha), Bahag (cited by Tosfot 45b s.v. Ha), Rif ([[Brachot]] 33b), Rabbenu Yonah ([[Brachot]] 33b s.v. Ha DeAni), Rashba ([[Brachot]] 45b s.v. Lo Kasha), Rosh, and Shitah Mikubeset ([[Brachot]] 45b s.v. Ha BeShaar).</ref> For example, according to Rashi, after the [[brachot]] of [[Kriyat Shema]] one should answer [[amen]] since it completes a sequence of [[brachot]]. Tosfot (45b s.v. Ha), however, notes that the common minhag was only to answer [[amen]] to one's own bracha after [[Boneh]] Yerushalayim.<ref>The Mordechai ([[Brachot]] 162) and Maharik 2:31 (cited by the Bet Yosef 51:3) are in agreement with Tosfot.</ref> The Rif cites a Yerushalmi that lists a number of instances where one should answer Amen to his own Beracha, including Birchat HaTorah, Sim Shalom, the ending Brachot of the Haftarah, and <i>any Birchot haMitzvah</i>. The Rosh explains that the scope encapsulates any series of Brachot, such as Birchot Kriyat Shema. The Rambam (Hilchot Brachot 1:16) limits it only to a series of ending Brachot, thereby excluding Yishtabach, Hallel, and Kriyat HaTorah, which only have one closing Bracha. There are a number of other opinions among the Rishonim about answering Amen to Bracha Rishonahs on food and Mitzvot, but their opinions have not been accepted LeHalacha. For examples, see the Further References section.</p><br />
<p class="indent">While the Ashkenazic minhag is simple and follows Tosfot<ref>The Rama 215:1 writes that Ashkenazic minhag is in accordance with Tosfot.</ref>, the Sephardic minhag seems not to follow Rashi, Tosfot, or the Rambam. As the Sephardic tradition is to answer [[amen]] after Yishtabach (OC 51:4) and [[Hallel]], but not after Birchat HaTorah for [[Kriyat HaTorah]] or [[Bracha Achrona]].<ref>See Tur-Shulchan Aruch Orach Chaim 51:4, 66:7, 111:1, 188:1, and 215:1, 236:4</ref> According to Rashi, seemingly one should have answered [[amen]] to all of the above, while the Rambam would forbid answering Amen to Yishtabach and Hallel. To make things more puzzling, The Tur 215:1 comments that the minhag of his father, the Rosh, was to follow the Rambam.</p><br />
<p class="indent">In defense of the minhag, the Beit Yosef 51:3 suggests that really one should only answer [[amen]] to a concluding bracha if it concludes a sequence of [[brachot]] which were established to be said together, formally termed [[bracha]] ha'semucha lechaverta. However, when it comes to an opening and closing Bracha, since there's some act of eating or Mitzvah in between the Brachot, the two Brachot are each considered an individual Bracha. He adds that the [[brachot]] of [[Pesukei DeZimrah]] and [[Hallel]] are considered as if they were consecutive since they surround pesukim of praise and are themselves forms of praise. The Beit Yosef explains this understanding within the opinion of the Rambam.</p><br />
<p class="indent">He also cites the Maharalnach who offers alternative explanation via the opinion of the Rosh that any two Brachot which one may interrupt in between are not considered Semuchot Lechaverta/a series, so Baruch Sh'amar and Yishtabach are really considered a series of Brachot, as one may not interrupt between them. The same is true for the opening and closing Brachot of Hallel, but not Brachot on food. And it is in this aspect alone that the Tur meant that his father agreed with the Rambam.</p><br />
===What is the logic for such a distinction?===<br />
<p class="indent">Rabbeinu Yonah explains that answering Amen indicates the conclusion of a process. Hence, it is inappropriate to answer Amen to one's Bracha, make another Bracha, answer Amen to it, and so on, as one is stopping and starting over and over again. That’s why the Gemara (above) only called it “Meguneh” and not Assur</p><br />
<p class="indent">Rav Moshe Feinstein (Igrot Moshe O.C. 5:9:1) explains that when one answers amen after a regular bracha it seems as though one is adding onto the institution of chazal. When one finishes a series of brachot, however, one may answer amen to one's own bracha because in such a case, amen is seen as a conclusion of a section and not an addition to the text of chazal. He compares this to the Gemara Brachot 34b which forbids one from bowing during Shemona Esrei at points where chazal didn't institute an obligation to bow since it appears as though one is adding onto chazal's establishment.</p><br />
<p class="indent">Rav Moshe HaLevi (Birkat Hashem vol. 1, 6:15:50) writes that Amen is an affirmation of what the Mevarech said, so, in general, it doesn’t make sense to affirm one’s own words. Only when Chazal instituted certain Brachot in a series may one answer Amen to himself. It is not, however, an issue of Hefsek, as he quotes the Meiri (Magen Avot 1:17 and Beit HaBechirah Brachot 45b) who says there’s no real Hefsek even if one talks between a Bracha Rishonah and performing the action of the Bracha (see Brachot 40a and 42b)<ref>And also Brachot 47a and Rashi s.v. Ad Sheyichleh Amen</ref>, so, certainly, answering Amen isn’t a Hefsek. Similar to the Rabbeinu Yonah, he explains that Amen is really a part of the Bracha</p><br />
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<p>Lastly, The Kaf HaChaim 51:6 writes that the Sephardic minhag follows the Shulchan Aruch to answer [[amen]] after Yishtabach and [[Hallel]].</p><br />
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==Further References==<br />
#See further Ritva Hilchot Brachot 6:5, Birkeh Yosef OC 215:1, Yosef Ometz 68, Yechave Daat 2:23, Yabia Omer vol. 8 OC 25:10 and vol 9 OC 108:102, Ohr LeTzion vol. 2 page 134, and Halichot Olam vol. 2 page 130<br />
==Sources==<br />
<references/><br />
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[[Category:Brachot]]</div>Qehath.z