Transferring Taste and Birkat Halevana: Difference between pages

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==Kli Sheni==
{{Done}}[[File:Moon_phases.gif|thumb|Phases of the moon]]
During the beginning of the lunar month the moon is situated between the earth and the sun, thus causing the illuminated side of the moon to face away from the earth. A few days into the new month, the moon makes it's appearance gradually until it reaches it's fullness, when it then wanes again. Our Sages instituted that upon seeing the moon at it's first stages after renewal one is to recite a blessing called '''Birkat Halevana''' (Hebrew: ברכת הלבנה, tran. ''Blessing of The Moon)'', or '''Kiddush Levana''' (Hebrew: ''קידוש לבנה'', trans. ''Sanctification of the Moon).''<ref>Some Ashkenazic greats termed this blessing "Kiddush Halevana, see for instance Maharil (Rosh Chodesh, Siman 9) and Rama 426:2. Rabbi Yosef Qafih (The Guide for the Perplexed, 2:5 fn. 15) however, writes that the name "Birkat Halevana" is more correct as that is what is found in all earlier sources. See Hegyonei Haparsha Shemot (p. 132) who documents that the Or Zaruah (456), Shibolei Haleket (167) and Tur (426) all use the title B''irkat Halevana'', as opposed to the Eshkol (Birchot Hodah 23:3) and Maharil (Rosh Chodesh) who termed it K''iddush Levana''. In explaining the term this latter term, he cites the To'ameha Chaim (37) who brings that Midrash Rabba (Shemos Rabba 15) states that God gave the Jewish people the moon as his betrothal gift, with that he explains that this term highlights the relationship between God and the Jewish people which is comparable to an Halachic marriage, ''[[kiddushin]]''.  </ref>


#If something permitted was cooked with something forbidden in a kli sheni after the fact the food is permitted. Some are strict unless there is a case of great loss.<ref>Shulchan Aruch Y.D. 105:2. The Rashba Torat Habayit 1b quotes someone who says that just like a kli sheni doesn't cause [[Bishul]] (Shabbat 40b) it doesn't cause any transference of taste. (This is also the opinion of the Rabbenu Yerucham in Iser Vheter n. 32.) The Rashba himself disagrees based on Chullin 8a and Chullin 8b. He held that even though a kli sheni doesn't cause bishul it does cause a transference of taste. The Tur 105:2 understands that the Rashba himself would say that a kli sheni could only transfer taste up to a klipah but himself argues that perhaps it transfers taste completely. The Shulchan Aruch Y.D. 105:2 cites the lenient opinion who says that it doesn't transfer taste as well as the Rashba that it transfers taste up to a klipah. He says initially one should be strict for the Rashba. Aruch Hashulchan 91:19 follows Shulchan Aruch. However, Shach 105:5 and Taz 105:4 cite the Maharshal who holds that a kli sheni can transfer taste completely and advise being strict. Badei Hashulchan 105:39 is strict unless there is a great loss in which case one can rely on Shulchan Aruch. Chachmat Adam 59:6 says that a klipah is necessary unless there is a loss.</ref>
This monthly ritual is performed outdoors at night in the first half of the month, in which this blessing along with a series of additional prayers are recited for the new moon.  
#If something forbidden was cooked in a pot or utensil that was a kli sheni the pot or utensil needs to be koshered. Some poskim hold it doesn't need to be koshered.<ref>Based on the dispute cited above, the utensils that were made non-kosher because of a kli sheni should not require koshering according to the lenient opinion and should require koshering according to the Rashba. Shulchan Aurch 105:2 is initially strict for the Rashba. Rama YD 94:7 and 95:3 and Torat Chatat 33:1, 58 hold that a utensil that was absorbed something non-kosher in a kli sheni doesn't need to be koshered. However, Minchat Yakov 33:3, Rabbi Akiva Eiger 105:6, Badei Hashulchan 105:39, and Horah Brurah 105:28 write that one should be lenient to kosher something that became non-kosher because of a kli sheni unless it is a loss. Yabia Omer OC 3:24:1 implies this as well. His proof is from the Rif Pesachim 8b, Rosh Pesachim 2:7, Shulchan Aruch O.C. 451:5, Tur and Bet Yosef Y.D. 121:3-5 who say that a kli sheni requires koshering.</ref>


==Dvar Gush==
The source of this blessing appears in the Talmud (Sanhedrin 42a) where the sages equate one who blesses the new moon on its proper time to one who greets the Divine Presence.<ref>Sanhedrin 42a. See Divrei Yatziv (Orach Chaim 278) for a discussion as to why this blessing is only first introduced here.  </ref> The commentators explain that by reciting this blessing of the new moon, one in essence recalls that it is God who created the universe, and this realization in turn is tantamount to experiencing the Divine Presence.<ref>Levush (426:1) explains that this blessing was specifically designated to the moon over other stars or planets because it is the moon that is closest to us on earth, easily enabling us to constantly recognize God's control over the universe. Aruch Hashulchan 426:2 also cites this reason. C.f. Sefer Hachinuch 403 for a similar idea. Alternatively, Hegyonei Haparsha (Shemot p. 133) quotes To'ameha Chayim (Rosh Chodesh n. 8) that the moon is awarded this blessing as an appeasement for it's minimization by God at the beginning of creation (See Rashi Beresheet 1:16). </ref>


#The Rama Y.D 94:7 holds that a solid item in a kli sheni is a kli sheni and there's no difference between a solid and a liquid after they landed. Chavot Daat 92:23 cites Minchat Yakov 61:45 writes that even if a dvar gush is like a kli rishon it can't accomplish bishul, so it can't be boleh umaflit kechad. See Magen Avraham 318:45.
Another aspect of this ritual is in order for us to internalize a significant lesson that emerges when comparing the history of the Nation of Israel and the cycle of the moon: just as the moon is "reborn" after a period of its decrease and extinction, so too, our nations decline will end and its light will once again radiate in full vibrancy. This ritual in effect instills in our hearts this much-needed message of hope.<ref>Rama 426 citing Rabbeinu Bahya (Parashas Vayeshev) </ref>
#A solid item that falls onto something cold according to the Maharshal is considered a kli rishon, while according to the Rama is considered a broken stream iruy. If that solid item is mixed with hot liquids the Rama agrees that even the solid is considered like an unbroken stream iruy since it is mixed in hot liquids.<ref>The Rama cited by Shach 105:8 answers how a bug poured in hot liquid could transmit taste to the utensil it falls upon that it is treated as an iruy since it is mixed in with other hot liquids. Shaarei Deah Luria 99:1 p. 438 explains further that if it wasn't mixed in it would be considered a broken stream iruy which wouldn't forbid the utensil since it couldn't be mavliya umaflit k'echad. However, since it is mixed in with hot liquids it is considered an unbroken stream iruy and can be maliya umaflit k'echad.</ref>


==Ladle==
==Basics==


#There is a dispute whether a ladle that was dipped into a kli rishon pot is considered like a kli rishon<ref>Taz 92:30 and Nekudat Hakesef there</ref> or a kli sheni unless it was left in the pot for a long time so that it like become a kli rishon as well.<ref>Maharil cited by Taz 92:30. See Mishna Brurah 318:45.</ref>
#Since this blessing involves greeting the Divine Presence, it is most proper, when possible, for it to be recited while standing. <ref>Gemara Sanhedrin 42a, Shulchan Aruch Orach Chaim 426. The Gemara relates that Mereimar and Mar Zutra in their later years would be supported by their attendants in order to recite this blessing while standing. See Rashi there. </ref> When not feasible (eg. a elderly or sick person), this blessing may be recited in a sitting position.<ref>Ya'alkut Yosef 426:11</ref>
#Liquids that poured out of a ladle are to be treated stringently like iruy kli rishon.<ref>Halacha Brurah 93:103</ref>
#It is also preferable, when possible, that this blessing not be recited indoors but, rather, outdoors under open skies, as is the way to go greet someone of prominent stature. <ref>Shiltei Ha'giborim (Berachos 189:3), Bach Orach Chaim 426 and Teshuvos HaBach (no. 80)</ref> Preferably one should also not be positioned beneath a roof or overhang.<ref>Rama Orach Chaim 426:4 with Mishnah Brurah (426:21) and Ya'alkut Yosef (426:26). Orchos Rabbenu (v. 1 p. 178) however, brings from the Chazon Ish that this optimal condition is only to refrain from it's recital in indoor structures, but, once outside, one may recite the blessing under an overhang. See Responsa Yaskil Avdi (vol. 8 no. 38) and Ya'alkut Yosef (Shabbat vol. 5, pg. 332) for a discussion regarding it's recital under a tree branch, and Mishnah Berura Dirshu (42) regarding it's recital under an umbrella. </ref> When not feasible, this recommended condition may be waived, provided the moon's illumination is visible indoors to the reciter (eg. through a window or door). <ref>Bach Orach Chaim 426 with Mishnah Berurah (426:21).  </ref>
#It is proper to be clothed with dignity while reciting this blessing, as one would dress before greeting someone of prominent stature. Some have the custom to wear special Shabbat garments, even while reciting this blessing during an ordinary weekday. <ref>Tractate Sofrim (20) makes reference to the importance of being well dressed during this ritual. See Hagaos Maimoniyos (Hilchos Berachos 10:16) who relates that his teacher Rabbi Meir of Rothenburg had the custom to wear Shabbos clothes before the recital of this blessing, even if he preformed it during the weekday. Pri Chadash Orach Chaim 426:???? brings this, and suggests that we at the very least be meticulous of wearing the special Shabbos hat. See Mishnah Berurah (426:7) however, who observed that widespread custom is to no longer to be careful in this latter stringency. See also Ya'alkut Yosef Shabbat vol. 5, pg. 318). </ref>
#Since this ritual involves such great allusion the ultimate convalesce of our nation, it is customary to break into frolic dance after its completion. <ref>Meiri Sanhedrin 42a, Darchei Moshe Orach Chaim 426, Rama Orach Chaim 426:2 further analogizes this ritual in effect to a ceremony of ultimate matrimony between God and the Nation of Israel. (Teshuvot Vehanhagot (1:203) quotes Rabbi Betzalel Stern who points out that this is the only place we find the Rama interestingly recommending dancing.) See Shaar Hatziyun (Orach Chaim 426:12) explains that we do not recite this blessing on Friday night because this ritual is accustomed to be coupled with dancing, which is forbidden on Shabbos. </ref>


==Kli Shelishi==
==When It Should Be Said==
{{MoladVar}}


#If something permitted was cooked with something forbidden in a kli shelishi, after the fact some hold that the food is permitted.<ref>Horah Brurah 105:29 writes that even though some are strict regarding a kli sheni there's no need to be strict regarding a kli shelishi. Shevet Halevi 8:181 agrees. Badei Hashulchan cites the Pri Chadash who is strict. See Chatom Sofer YD 95.</ref> Some say that a kli shelishi is the same as a kli sheni.<ref>Badei Hashulchan 94:101 citing Pri Chadash 68, Aruch Hashulchan end of 94, Chazon Ish OC 52. See however, Shaar Hatziyun 451:10 who distinguishes between kli sheni and kli shelishi.</ref>
#According to Ashkenazim, one may recite the Bracha three days after the molad; however, according to Sephardim, in general, one should wait until seven days after the molad.<ref>Shulchan Aruch Orach Chaim 426:4 writes that one shouldn’t recite Birkat Halevana until seven days have passed from the molad based on the Shaarei Orah. However, the Bach on Orach Chaim 426 rules like the Rabbenu Yonah who says that one may say it after three days. Taz, Orach Chaim 426:3, Magen Avraham 426:13, Aruch HaShulchan, Orach Chaim 426:13, and Mishna Brurah 426:20 agree with the Bach. Sh”t Yabia Omer 6:38(1) rules like Shulchan Aruch but adds that if Motzei [[Shabbat]] is a few hours less than seven days one may say it and in places where majority of the month is cloudy one may say it after three days.</ref> In this context, days are counted as 24 hour periods.<ref>Mishna Brurah 426:17 clarifies that for this halacha days are counted as 24 hour periods and not from sunset to sunset.</ref> It’s proper to wait until Motzei [[Shabbat]] (Saturday night) to recite Birkat Halevana.<ref>Masechet Sofrim 19:10 (in some versions 20:1) writes that one should say Birkat Halevana specifically on Motzei [[Shabbat]]. However, Rabbenu Yonah ([[Brachot]] 21a) quotes some who say this, rejects it, and concludes that one can say it anytime after three days. Bet Yosef Orach Chaim 426:2 writes that probably Rabbenu Yonah didn’t have this girsa in Maasechet Sofrim. Shulchan Aruch, Orach Chaim 426:2 rules that one should recite Birkat Halevana on Motzei [[Shabbat]]; however, the Biur HaGra, Orach Chaim 426:2 cites the Gemara Yevamot 39a which says that we don’t delay performing [[Mitzvot]]. The Mishna Brurah 426:20 rules that it’s proper to wait until Motzei [[Shabbat]], but there is what to rely on to say it earlier. Additionally, in the winter and rainy months, those who are zealous to say it early are praiseworthy. Rama Orach Chaim 426:2 writes that if Motzei [[Shabbat]] is the eleventh night from the molad, one doesn’t have to wait until Motzei [[Shabbat]], because it’s possible it will be cloudy the following four nights.</ref>
#During the month of Tishrei, Birkat Halevana isn't recited prior to [[Yom Kippur]]; rather it should be said right after [[Yom Kippur]].<ref>Rama, Orach Chaim 426:2. The Beiur Halacha (s.v. sham d"h v'lo kodem), however, does quote the opinion of the Levush that by Yom Kippur, as opposed to Tisha B'Av, Birkat Halevana ''should'' be said ''before'' Yom Kippur as even one merit (one mitzvah) may tip the scales towards the positive during this period of judgement. He notes that this seems to be the opinion of the Beis Meir as well.</ref>
#During the month of Av, most have the minhag not to say [[Kiddush Levana]] prior to [[Tisha BeAv]].<ref>Rama, Orach Chaim 426:2, 551:8</ref> Some say that it shouldn't be said right after [[Tisha BeAv]], but in the next few days.<ref>Rama, Orach Chaim 426:2, Mishna Brurah 426:10. However, Ish Matzliach footnote 3 ad loc. says that the Minhag in most places is to recite it on Motzaei Tisha B'av<br />


==Iruy==
*Halichot Shlomo (Tefillah ch. 15, n. 22) records Rav Shlomo Zalman's minhag to recite [[Kiddush Levana]] after three full days even during the months of Tishrei and Av. See Aruch Hashulchan Orach Chaim 551:22 and Maaseh Rav 159.</ref>
#One may recite Birkat Halevana until 15 days after the molad, however, on the 16th day one should recite it without [[Shem UMalchut]]. Some say that one may only say it until 14¾ days after the molad.<ref>Shulchan Aruch Orach Chaim 426:3 rules like the opinion of Nehardai in Gemara Sanhedrin 41b who say that one has 15 complete days. Chazon Ovadia, Chanuka p. 349 agrees, unlike the opinion of the Rav Pe'alim. However, the Rama Orach Chaim 426:3 writes that one may only say it up to half of 29 days, 12 hours, and 793 chalakim. Beiur Halacha s.v. VeLo writes that if one is in such a situation where half of 29 days, 12 hours, 793 chalakim passed and 15 days have not, there is what to rely on to say the Bracha. Beiur Halacha adds that if it’s the 16th day one should say it without [[Shem UMalchut]]. Sh”t Yabia Omer 6:38 agrees with the Beiur Halacha that on the 16th day one should say it without [[Shem UMalchut]]. </ref> A chart of the time of the upcoming molads is printed here (see note for calculation)<ref>Rambam ([[Kiddush]] HaChodesh 6:3) writes that from one Molad (the astronomical time when the new moon can be seen) to another is 29 days, 12 hours, and 793 chelakim (and there's 1080 chelakim in an hour). The Rambam 6:8 also writes that the time with which to begin to calculate the Molads from the beginning of creation is the 2nd day, 5 hours, and 204 chelakim. To calculate the Molad of [[Rosh Chodesh]] Tishrei 5773, first let us calculate the number of months which passed from creation and then add the appropriate time for each month. Although there are 12 months in a regular year because there are 7 leap years in a 19 year cycle, there is an average of 12.3684 lunar months a year. By Tishrei 5773, 5772 complete years have passed, meaning that 71390 complete months have passed since creation. The chelakim for the molad of Tishrei 5773 should be 1034 (i.e. 204 + (71390 * 793) modulo 1080) which is equal to 57 minutes and 8 chelakim. Making similar calculations leads to conclude that the Molad for Tishrei 5773 is 1am (i.e. 5+12*71390+(204+71930*793-1034)/1080) mod 24 starting from 6pm) Sunday (i.e. 2+1*71390+(909103-37879)/24 mod 7). The other months can then be calculated from that starting point by either adding or subtracting the interval for each month (1 day, 12 hours, 793 chelakim. To confirm these calculations, one can check the [http://www.chabad.org/library/article_cdo/aid/216238/jewish/Molad-Times.htm Chabad.org page of Molad times]. For more explanation of Molad calculation and how the calendar works, see David Pahmer, ''Chesbon Zeman Kiddush Levana'' (Ohr HaMizrach 51 1-2, pp. 120, Tishrei 5766) and [https://www.yutorah.org/lectures/lecture.cfm/896300/rabbi-david-pahmer/kiddush-hachodesh/ Kiddush HaChodesh] on YUTorah.</ref>:
#The strict halacha allows reciting Birkat Halevana on [[Shabbat]] and [[Yom Tov]], but, since the Kabbalists recommend against it, one shouldn't do it unless one is running out of time to recite the Beracha.<ref>The Rashba (responsa 4:48) quotes someone who said that it is forbidden to say Birkat Halevana on Friday night, since it is like travelling out of the [[Techum]] above ten tefachim. The Rashba doesn't understand that opinion and disagrees. He argues that there is no [[Techum]] above ten tefachim, and, also, it is greeting Hashem and not the moon. Therefore, it isn't at all like travelling out of the [[Techum]] and is permissible to be recited on [[Shabbat]]. The Mishna Brurah 426:12 rules that it is permissible to say Kiddush Levana on [[Shabbat]] and [[Yom Tov]] if it is necessary. In the Shaar Hatziyun 426:12 he adds a reason that everyone can agree with. Since it is a mitzvah filled with happiness, a person might come to dance, which is forbidden on [[Shabbat]].</ref>


#If something forbidden is poured onto something permitted or the opposite or meat and milk, the pour can transfer a taste up to the thickness of a peel.<ref>Shulchan Aruch 91:4, Shach 105:5</ref> The thickness of a peel is the amount that it could be peeled at one time.<ref>Badei Hashulchan 91:30</ref> If hot milk from a kli rishon fell on a meat pot the thickness of a peel of the pot is rendered non-kosher and needs to be koshered. If one accidentally cooked in it without koshering the food is nonetheless kosher.<ref>Chachmat Adam 59:4 writes that based on the Shach 69:65 we always have sixty times the peel of a pot in the food cooking in it.</ref>
==Looking at the Moon==
#If the stream is unbroken there is enough heat to heat up each side and completely transfer tastes one to another. If the stream is broken there is only enough heat to heat up each side but not enough to heat it up and extract a taste and have it absorbed into the other side simultaneously.<ref>Shach 105:5. See however Badei Hashulchan 92:184 that from Shach 92:38 it seems that a broken stream that was originally heated up by the fire is like a kli rishon. Though, Chazon Ish 9:6 cited by Badei Hashulchan maintains that a broken stream is never more than a klipah.</ref> For example, if hot water in a broken stream poured onto cold cheese which was sitting on a meat dish the cheese and the dish are kosher.<ref>Rama 95:3. Igrot Moshe YD 1:42:2 explains that the Rama would consider it to be mavliya umaflit kechad even when pouring hot water on cheese that was stuck onto a meat dish since the water needs to heat up the cheese and also enable its absorption into the dish. This is also evident from Chavot Daat 92:23. </ref> Another example is that it is permitted to pour with a broken stream hot water on chickens which weren't salted since the heat of the stream isn't enough to heat up the blood and to have it get absorbed into the chicken.<ref>Shach 105:5</ref>
#If an unbroken stream of hot liquids overflow from a pot on the fire<ref>Pri Megadim M"Z 92:26 raises the possibility that this definition of a stream even though it is on a cold surface is only if the stream is connected to a pot on the fire but not to a kli rishon off the fire. He concludes that one shouldn't be lenient even if it is off the fire.</ref> and go along a surface until it touches something it is considered an unbroken pour to transfer taste up to a peel.<ref>Trumat Hadeshen 181 and Rama 92:7. Chavot Daat 92:23 writes that even though the stream doesn't cool down since it isn't broken it doesn't cook (or boleh umaflit kechad) since it is on a cold surface.</ref> If the stream is broken it is considered a kli sheni.<ref>Trumat Hadeshen 181 and Rama 92:7. The Pri Megadim M"Z 92:26 explains that even though usually a broken stream can transfer taste up to a peel, since the stream ran along a cold surface if it is broken it is certainly considered a kli sheni. Badei Hashulchan 92:147 agrees.</ref>
#A solid piece of food that is picked up on a fork or with one's hand is considered a kli rishon until it is placed on the plate or bowl. <ref>Badei Hashulchan 106:21 outlines three approaches as to why the food while in the air is still considered a kli rishon. 1) According to the Maharshal (Yam Shel Shlomo Gid Hanesheh 44, Kol Habasar 75) any solid food (Gush) is considered a kli rishon. 2) Solid food that is in the air that didn't land is considered a kli rishon.(Chazon Ish 9:5) 3) Any food that is in the air that didn't land is considered a kli rishon. (Shach 105:5)</ref> As it is being placed down on the plate or bowl that is considered iruy. After it settles it is considered a kli sheni.<ref>Shach 105:7 citing Darkei Moshe 105:4 clarifies that a hot food that is placed on a plate or bowl is considered iruy while it is being placed down. However, after it settles it is considered a kli sheni.</ref>


==Cham Miksato Cham Kulo==
#One should look at the moon prior to reciting the Bracha. Some hold that one should only look at the moon once and not look at it again, whereas others are lenient to allow looking at it anytime during the Seder of Birkat Halevana except during the Bracha itself.<ref>*Shulchan Aruch, Orach Chaim 426:2 writes that one should look at the moon prior to making the Bracha. Magen Avraham 426:8 quotes the Shlah who says that one should only look once and then it’s forbidden to look again (for Kabbalistic reasons). Shaarei Knesset HaGedolah 426:5 quotes the Sefer Charedim that one may only look at the moon at the time of the Bracha.
On the other hand, the Sefer Charedim 45:5 actually writes that one may not look at the moon just like one may not look at a rainbow (and doesn’t mention anything about the Bracha). Thus, the Birur Halacha (Rabbi Yechiel Zilber, vol 5, pg 121) explains that the Sefer Charedim probably agrees with the Shlah.


#If a metal<ref>Pesachim 74a. Mishna Brurah 451:68 clarifies that this entire topic is specifically relevant to metal utensils and not other materials.</ref> utensil is used to cook and only part of it is actively involved in the cooking, there is a multitude of opinions as to how to consider whether or not the taste was transferred throughout the utensil or not. One school of rishonim take the concept of ''Cham Miksato Cham Kulo'',<ref>Pesachim 74a</ref> literally, that a utensil that is partially hot is completely hot, and apply it to the idea that we can assume that tastes absorbed in the walls of utensils spread throughout the utensil even if they only abosrbed the taste in one area. Others argue and hold that the only part that is considered to have absorbed the taste of the food is the part that was in contact with the food and the tastes don't travel within the utensil.<ref>Rabbenu Peretz, Rashba, and Tosfot.
*Morever, Shaarei Knesset HaGedolah writes that the minhag is look at the moon during the entire Seder, and his point supported by the language of Maasechet Sofrim quoted by the Tur and Shulchan Aruch. Birur Halacha (vol 5, pg 122) writes that if one is looking at the moon in order to recognize Hashem’s wonders then it’s permissible.
*Mishna Brurah 426:13 quotes these three opinions and doesn’t give a ruling. The Aruch HaShulchan, Orach Chaim 426:5 writes that the minhag is like the Shlah. Chida in Yosef Ometz 474 and Moreh Etzbah 6:186, Chesed Alafim 426:4, Kaf HaChaim Palagi 35:4, The Ben Ish Chai (II Vayikra 23), Kaf HaChaim Orach Chaim 426:34, Mekor Chaim 426:2, Birkat Eitan (Birkat Halevana pg 207), Yalkut Yosef (Birkat Halevana pg 146), and Ateret Paz (Birkat Halevana pg 65) agree.</ref>
#If one recited Birkat Halevana without looking at the moon but with a tzibbur, one fulfills his obligation after the fact.<ref>Birkat Eitan (Birkat Halevana pg 200), Sefer [[Kiddish]] Levana (2 note 20) in name of Rav Elyashiv, Halichot Shlomo 15:13, Even Yisrael 426:1, Sh"t Shevet HaLevi Y"D 5:125(4) </ref>


*Rabbenu Perek cited by Tur 94:1 holds that the spoon absorbs the taste of the food throughout the spoon even though it was only dipped in the food partially. That is based on ''Cham Miksato Cham Kulo''. However, other rishonim argue that the spoon only possibly absorb the taste of the food up to the point that it was dipped in the food. Smak 213 cites the dispute. Ran Pesachim 30b cites the dispute and seems to be lenient. Gra 121:17 quotes Ran as lenient. Baal Hatrumah 49 and Shaarei Dura 85 cited by Bet Yosef 94:1 are lenient. Isur Vheter 57:61 is lenient. Shulchan Aruch Y.D. 94:1, Rama, and Shach 94:3 all hold leniently like the Sefer Hatrumah and Smak unlike Rabbenu Peretz.
==Explanation of the Text==
*Additionally, there is a dispute between the Rashba (Torat Habayit 38a) and Tur YD 121:6 about a utensil that was only used for forbidden food on part of the utensil if one can do a hechsher on that part alone. The Rashba holds it needs hechsher on the entire utensil as an application of ''Cham Miksato Cham Kulo''. However, the Tur YD 121:6 argues that hechsher can be done in the manner that the absorption entered (''kbolo kach polto''); therefore it is sufficient to do hechser on the part that absorbed the food. It seems to be a dispute between the Shulchan Aruch and Rama as to the halacha. Shulchan Aruch follows the Rashba, while the Rama follows the Tur. Pri Chadash YD 121:15 holds like the Tur and Rama. Yeyerim 52 agrees with the Tur. Tosfot Zevachim 96b seems to agree with the Rashba (Chok Natan Zevachim ad loc.) The Shach 121:17 cites the opinion of the Raah (Bedek Habayit 37b) as compromise opinion. The Raah holds that hagalah doesn't work on part of a utensil, while libun does.</ref> Still many others have a compromise opinions.<ref>Tur, Yereyim, Sefer Hatrumah, Smak, Shaarei Dura, Isur Vheter cited in the previous footnote.


*As an extreme approach, the Maharam Mintz holds that Cham Miksato only means that we treat the entire utensil as though it is hot and can absorb a forbidden taste on the other side of the utensil than the one that is cooking. However, it doesn't mean that internally the utensil spreads the tastes it absorbed. Shach 121:17 ultimately accepts that opinion. Pitchei Teshuva 94:1 cites Solet Lmincha 85:1 who agrees.
#The text of this blessing, as it appears in the Talmud, reads: Blessed are you God.. Who with his utterance created the heavens.. Who renews the months, etc.<ref>Sanhedrin 42a, Shulchan Aruch Orach Chaim 426:1 </ref> In this blessing, we express our recognition of God's awesome power over the universe. As such, one should be vigilant to recite this blessing with full intent, devotion, and elation.<ref>Moreh Ba'ezbah 187, Ben Ish Chai (vol. 1, Vayikra 26)</ref> It is customary to also recite additional appropriate texts and passages, the "Shalom Aleichem" greeting <ref>Levush (Orach Chaim 426) explains that this greeting is included after the recital of this blessing, for after having greeted the Divine Presence, we then joyously bless one another. [http://www.hebrewbooks.org/pdfpager.aspx?req=1911&pgnum=105 Rav Yosef Meshash in Mayim Chayim 92] adds another reason. We are asking for Shalom for Klal Yisrael, between the parts of Hashem's name, and that the moon should return to its original completeness.</ref> and, for Ashkenazim, the "Aleinu" prayer<ref>Mishnah Berurah 426. We recite this prayer after our greeting of the moon, to declare that this ritual is not to be interpreted as idolatrous heavenly worship, God forbid. </ref>.
*The Magen Avraham 451:24 holds that if the taste goes in one part we're concerned that it spread throughout the utensil. Therefore, if one used it on any part of the utensil the forbidden taste can be transferred. However, if one did a hechsher on one side of the utensil and then one uses that side, there is not going to be a transfer of the forbidden taste from the other side exiting. If one did a hechsher on one side of the utensil and used another side, there is going to be a transfer of the forbidden taste even if that side wasn't used for the forbidden taste to begin with since the taste might have traveled in the utensil. Mishna Brurah 451:68 mentions this approach.</ref> The halacha is explained below.
#The verse "Just as I dance toward you but cannot touch you, so may none of my enemies be able to touch me for evil" and many that follow in the text are repeated three times in order to give emphasis to these special messages. Upon the recital of this verse, one is to rise on his toes as if in a dance.<ref>Masechet Soferim (19). Dover Shalom (Kiddush Levana) explains that this symbolic exertion to touch the moon is a form of prayer: "Just as we cannot touch the moon, may the exertions of our enemies against us be with no avail". Some write that this rise should specially be of three times, See Yalkut Yosef (426).</ref>
#After mankind's first successful Lunar surface landing in July 20, 1969, there were those who felt that this last mentioned verse should now read:"Just as I dance toward you but '''do not''' touch you", most however argued, explaining that, to us here at earth, the moon is classified as 'unable to be touched'.<ref>Israeli Armed Forces’ Chief Chaplain General Rabbi Shlomo Goren's change in the IDF Siddur (pg. 464) also based on text of Masechet Soferim. See, however, Derech Sicha (pg. 629), where Rabbi Chaim Kanievsky explains that even nowadays the moon is deemed 'unable to be touched'. Yalkut Yosef (426:17) writes similarly. </ref>
#Some have written that praying "May I be saved from toothaches" after the recital of this last verse "none of my enemies be able to touch me for evil" is auspicious for being saved from toothaches.<ref>Ta'amei Haminhagim (Inyanei Rosh Chodesh) from the Radziner Rebbe. Some versions of the Ya'avetz's Siddur have this addition as well, in brackets, though. Rabbi Chaim Kanievsky in Derech Sicha (p. 144) concurred with the efficacy of this benevolent charm, as well. He relates that his father, Rabbi Ya'akov Yisrael Kanievsky would recite these additional words also on behalf of others who were suffering from toothaches. See also Yalkut Yosef (Shabbat vol. 5, pg. 329).</ref>
#As was mentioned above, the phases of the moon are equated to the Davidic dynasty, where we are confident that our nation's "diminished" power will soon end and its light will soon illuminate to fullness. It is therefore the custom to recite the verse "David, King of Israel, is alive and enduring".<ref>Rama Orach Chaim 426 </ref> Some communities then follow the recital of this verse with the recital of the word "Amen", three times. One should take care to pause between each [[Amen]] <ref>*Yerushalmi ([[Megillah]] 4:10) teaches that one may not say [[Amen]] [[Amen]] just as the Sages prohibited the recital of "[[Shema]] [[Shema]]". See Ohel Moed ([[Kriyat Shema]] 1:7) who cites this Yerushalmi and rules accordingly. The Beis Yosef (Orach Chaim 61) however challenges this ruling of the Ohel Moed and questions it with many verses which actually contain the words [[Amen]] one after the other. (See Mor U'ketzia (61) where the Yaavetz proves that this Yershalmi actually is against a Bavli which permits such a recital.)
*Pri Chadash (Orach Chaim 61:12) refutes the Beis Yosef's proof: he suggests that those verses are indeed only to be said on condition that  pause between the two [[Amen]] words. Kaf Hachaim (Orach Chaim 61:43) and Yabia Omer 10:5 therefore rule that while the recital of Birkat Halevana, a pause should be made between the three "Amen" words.</ref> unless his recital is in private, in which case one is not obligated to pause.<ref>Korban HaEdah (Megillah 4:10)</ref>


===Using Two Sides of a Utensil===
==Women==


#If a utensil absorbed a forbidden taste in one spot we are not concerned that it traveled throughout the utensil. Therefore, if one used the other side of that utensil to cook something kosher the utensil doesn't impart non-kosher taste to the kosher food.<ref>Shach 94:3, 121:17</ref> However, most authorities hold that there are absorptions in the other side of the utensil and forbid the food.<ref>Magen Avraham 451:24, Peleti 94:3, Mishna Brurah 451:68, 69, Chachmat Adam 74:11, [https://chabadlibrary.org/books/chasidim/piskey-admur-hazaken/22/1.htm Shulchan Aruch Harav (Piskei Admor Hazaken Bisur Vheter 94:2)]</ref> The lenient view is assuming that the utensil isn't completely hot and this isn't dry heat absorption. See next section for that halacha.
#According to most authorities this blessing is a [[time-bound commandment]], thus exempting women from obligation of its recital.<ref>Meiri (Sanhedrin 42a) seems to hold that women are obligated in its recital. Rabbi Shlomo Kluger (Chochmas Shlomo 426:1) explains that although this ritual is time-framed it does not fall under the category of time-bound obligations from which women are exempt for. He reasons that Birkas Halevana is not attached to a specific time on the calendar, as most time-bound commandments, rather this ritual which is a "response" to a natural phenomenon - the moon's renewal - which so happens to be at specific part of the month, and women are therefore obligated. Rabbi Joseph Ber Soloveitchik held this way as well (Nefesh Harav, pg. 176)  See Yabia Omer (Orach Chaim 5:36) for more on this topic. Rav Moshe Feinstein (Choshen Mishpat 2:47) however argued that even this is considered time-framed as it comes around at a same specific time monthly, and that suffices to consider it a time-bound commandment from which women are exempt from. Mishnah Berurah (426:1) considers it so as well. </ref>
#If a utensil absorbed a forbidden taste in one spot and then that utensil is used again in that same spot, we only need to nullify the amount of the utensil that was used because we assume that the amount that was absorbed was only absorbed in that spot that was in contact with the food.<ref>Shulchan Aruch Y.D. 94:1, Rama, Shach 94:3, Pri Chadash 94:3, Chachmat Adam 46:6, and Badei Hashulchan 94:15.
#When it comes to other time-bound commandments there is a dispute between the Sephardic and Ashkenazic authorities as to whether they may opt-in and recite the blessing if they so wish.<ref>{{Bracha on Mitzvot Aseh Shehazman Grama}}</ref> When it comes to this blessing however, the widespread custom is that all women do not in fact recite it.<ref>Mishnah Berurah 426</ref> Some suggest that women should attempt to hear the blessing recited by a man who has in mind that the blessing be behalf of them as well.<ref>Kaf HaChaim (Orach Chaim 426:1)</ref>


*Chanan in kelim (YD 98:4). This dispute does not affect the dispute regarding chanan in kelim. The above dispute is regarding where the transfer of the taste exists, while chanan in kelim effects the other tastes absorbed in the walls becoming forbidden and becoming necessary to nullify.</ref> This assumes that the utensil isn't completely hot and this isn't dry heat absorption. See next section for that halacha.
==Blind==


===Factors to Accept Cham Miksato===
#The authorities dispute whether a blind person is obligated in this blessing or not.<ref>Responsa Maharshal (no. 77) explains that this blessing was instituted in recognition of the renewal of the moon, and it, thus, follows that even the blind be obligated. Additionally, even the blind benefit from the moon, for others use its light in escorting them. This is also the opinion of the Mishnah Berurah (426:1). See however Biur Halachah (s.v. nehenin) who cites many who hold that he should not recite this blessing. See Ya'avetz's Siddur (Kiddush Levana) who writes that he should recite the blessing with omitting God's name.</ref> Many suggest that he should listen to another while having in mind to fulfill his obligation.<ref>Biur Halachah (426, s.v. nehenin) </ref>


#If the entire kli is actually hot then the tastes from the food travel throughout the pot even the part that isn't being used.<ref>Badei Hashulchan 94:9, 14 based on based on Pri Megadim M"Z 94:1 s.v. heneh, Shach 69:64, Chavot Daat, Rabbi Akiva Eiger (OC MA 451:24), Zivchei Tzedek 94:11. Chachmat Adam disagrees. Isur Vheter 57:61 seems to be lenient.</ref>
==Hebrew Text==
#If the heat was dry heat i.e. it wasn't cooking, such as roasting, then it spreads throughout the kli.<ref>Isur Vheter 37:2, 57:61, Shach 121:17, Gra 94:6, and Badei Hashulchan 94:15</ref>
#Ashkenazic text of Birkat Halevana: [https://he.wikisource.org/wiki/%D7%A1%D7%99%D7%93%D7%95%D7%A8/%D7%A0%D7%95%D7%A1%D7%97_%D7%90%D7%A9%D7%9B%D7%A0%D7%96/%D7%A7%D7%99%D7%93%D7%95%D7%A9_%D7%9C%D7%91%D7%A0%D7%94 Wikisource.org].
#Some poskim hold that a spoon that was used to mix a hot pot is considered to absorb taste up to the point that the spoon entered into the pot and not just up to the point that it entered into the food. The reason for this opinion is that the spoon can absorb taste up while it is in the pot from the ''[[zeyia]]'' of the hot food even though it is an open pot.<ref>Peleti 94:1, Pri Chadash 121:15, Chavot Daat 94:1. Pri Megadim MZ 94:1 s.v. vda cites this from the Pri Chadash 121:15 and Bet Lechem Yehuda 11.</ref> Most opinions are lenient.<ref>Chachmat Adam 46:6, Badei Hashulchan 94:4 citing Chatom Sofer 82 and Yad Yehuda. Zivchei Tzedek 121:29 cites the Pri Chadash but in 94:10 he cites the dispute and writes that the primary opinion is that of the Chachmat Adam.</ref>
#Sephardic text of Birkat Halevana: [https://www.sefaria.org/Siddur_Edot_HaMizrach,_Blessing_of_the_Moon Sefaria.org].
#Some distinguish between whether the absorption was isura baala or hetera baala and hold that we don't say ''cham miksato'' when it was hetera baala.<ref>Rashba in Mishmeret Habayit 4:4 37b, Shach 121:16, Zivchei Tzedek 121:28</ref>
 
===Partial Hechsher===
 
#In terms of doing hechsher on part of a utensil. If the utensil only ever came into contact with the forbidden taste in one spot, according to Ashkenazim, according to the strict law many hold that could kasher only that spot. However, initially one should kasher everything.<ref>Rama 121:6, Gra 121:17, Shach 121:17, Pri Chadash 121:15 following the Tur</ref> After the fact if one did use the spot that was used and had the hechsher, the food is still kosher. After the fact if one did use the other side of the utensil that was not originally used and didn't have a hechsher, the food is forbidden.<ref>Chachmat Adam 74:11 writes that after the fact if one used the spot that you did you the hechsher on, that doesn't create a transfer of the forbidden taste in the other half to come out into the kosher food. But if one used the other side of the utensil that didn't have a hechsher even though it wasn't originally used for the forbidden taste, we are concerned for the Magen Avraham 451:24 who is strict and would forbid the food. If it was a large loss and there were other factors to be lenient one can rely upon the Shach and Pri Chadash who are lenient. Mishna Brurah 451:69 seems to be lenient after the fact to rely on the Rama that hechsher on part of the utensil works for all of it and the food is kosher even when one used the other side of the utensil. Similarly, Aruch Hashulchan YD 121:24 is also lenient after the fact if one only did a partial hechsher it worked like the Rama. Yet, in Aruch Hashulchan OC 451:22 he cites the Magen Avraham that after the fact the partial hechsher only worked for the part had the hechsher and not the other side.</ref> Sephardim certainly hold that one should kasher the entire utensil.<ref>Shulchan Aruch Y.D. 121:6, Taz 121:7 following the Rashba. For other reasons, the Magen Avraham 451:24 holds that the absorptions can spread within the utensil by being absorbed in from one spot but can't be extracted from one spot. Therefore, in terms of hechsher he accepts the Shulchan Aruch. Peleti 94:3 and Chachmat Adam 74:11 agree. Zichei Tzedek 121:27 writes that Shulchan Aruch is concerned for the Rashba and Rabbenu Peretz but after the fat if there's a large loss one can follow the opinion that partial hechsher works.</ref>
#If the utensil was used to cook throughout the utensil and one only did a partial hechsher it is ineffective even if one used the part of the utensil that one did the hechsher on and if one used it for food it would make impart non-kosher taste.<ref>Mishna Brurah 451:69</ref>
 
===Multi-part Utensils===
 
#Does Cham Miksato Cham Kulo transfer from one utensil to another if they are attached? There is a large dispute about this point. <ref>Magen Avraham OC 451:24 holds that it does transfer from one utensil to the other if they are attached, while Rabbi Akiva Eiger 451:24 disagrees. Radvaz teshuva 6:2308, Maharsham 3:112, and Darkei Teshuva YD 92:22 are strict like the Magen Avraham. Mor Ukesiya end of 451, Shaarei Hamesuyanim Bhalacha 116:10, and R' Elyashiv (Hagadah Shel Pesach p. 32, Kovetz Teshuvot 3:81) are lenient. These are all cited by Ohel Yakov Kashrut Lpesach p. 44. Dirshu 451:62 also cites the Chatom Sofer OC 130 and Minchat Yitzchak 5:81:11 as being lenient. It also cites Chut Shani Pesach 10:13 as being strict.</ref>
 
==Mavliya Umaflit K'echad==
 
#According to the Taz a kli sheni can be mavliya or maflit but not both simultaneously.<ref>Taz 105:4</ref>
#According to the Shach, an unbroken stream can be mavliya umaflit kechad but a broken stream can be mavliya or maflit but not both simultaneously.<ref>Shach 105:5</ref>
#According to the Chavot Daat an unbroken stream on a cold surface can be mavliya or maflit but not both simultaneously.<ref>Chavot Daat 92:23</ref>
#According to Chavot Daat a dvar gush can be mavliya or maflit but not both simultaneously.<ref>Chavot Daat 92:23 citing Minchat Yakov 61:45</ref> Magen Avraham argues that it can do both simultaneously.<ref>Magen Avraham 318:45</ref>
#What does that mean that something can't be mavliya and maflit simultaneously?
##Taste doesn't transfer from one solid to another solid (Pri Megadim M"Z 105:4).
##Taste doesn't transfer from one solid to another through a liquid (Dagul Mirvava 105:3).
##Taste doesn't transfer from a liquid to a liquid through a solid (Chavot Daat 92:22).<ref>Ateret Moshe Aharon p. 242 provides three examples of what it means that something doesn't mavliya umaflit k'eched. </ref>
 
==Not Yad Soledet Bo==
 
#A kli rishon that isn’t yad soledet bo one shouldn’t use initially for something that isn’t kosher. After the fact it could make something non-kosher up to a klipah.<ref>Pri Megadim M”Z 105:4 writes using a kli rishon even if it isn’t a yad soledet bo it is an issue even after the fact. That’s the implication of Torat Chatat 23:3 and 33:1. Badei Hashulchan 105:2 s.v. lechatchila cites the Pri Megadim and seems to agree.</ref>
#A kli sheni that isn’t yad soledet bo one shouldn’t use initially but after the fact it doesn’t make something non-kosher at all.<ref>Pri Megadim M”Z 105:4 writes that the Shach and Taz conclude that if a kli sheni isn’t yad soledet bo it doesn't make something forbidden at all after the fact. But initially it is an issue up to a klipah. Badei Hashulchan 105:2 s.v. lechatchila cites the Pri Megadim and seems to agree.</ref>
#Some hold that there are no transfer of tastes unless the food becomes Yad Soledet Bo, while most poskim disagree.<ref>Shach 105:5 says initially we're strict for the Rashba and Tur who say kli sheni is boleh even though it is not yad soledet bo. See above footnotes which also include various sources that are strict for non-soledet bo infusions of taste. However, Rav Mordechai Willig (Am Mordechai on S"A p. 89) elaborates on the idea that it is impossible for there to be a transfer of taste without two entities involved to be yad soledet bo.</ref>
#If a food fell onto a hot surface and it was removed immediately some say that it is permitted as long as the piece didn't reach Yad Soledet Bo. Most others disagree.<ref>Pitchei Teshuva 105:8 cites the Chamudei Doniel that posits that if a cold piece fell on top of a hot piece it doesn't absorb the taste of the bottom piece immediately. Once it was left there for a little bit then it becomes forbidden. Maharsham 2:20 infers from Radvaz 1:223 that he accepts the Chamudei Doniel. Yet, he writes that he would only rely on the Chamudei Doniel if it was a question of rabbinic nature and there was another factor to rely upon. Darkei Halacha 94:4 quotes Even Shetiya YD 42 who limits the Chamudei Doniel two solids touching or a kli rishon off the fire but not for a spoon that was placed in a hot pot and removed immediately. Harei Besamim 3:56 similarly makes limitations on the Chamudei Doniel. </ref>
 
==Dry Heat and Roasting (Tzeli)==
{| class="wikitable" style="background-color:#D9D9D9;float:right"
|- style="vertical-align:bottom; background-color:#F90;"
!Dry Heat<ref>Ezer Lshulchan p. 82</ref>
!Touching
!If It Isn't Fatty
!If It Is Fatty
|- style="background-color:#dc9a55;"
| style="vertical-align:bottom;" |Absorbed in Food
| style="background-color:#DC9A55;" |Food
| style="vertical-align:bottom; background-color:#0F0;" |Permitted
| style="vertical-align:bottom; background-color:#F00;" |Completely
|- style="background-color:#DC9A55;"
|Absorbed in Food
| style="vertical-align:bottom; background-color:#D9D9D9;" |Utensil
| style="vertical-align:bottom; background-color:#0F0;" |Permitted
| style="vertical-align:bottom; background-color:#F00;" |Completely
|-
| style="vertical-align:bottom;" |Absorbed in a Utensil
| style="background-color:#DC9A55;" |Food
| style="vertical-align:bottom; background-color:#FF0;" |Peel
| style="vertical-align:bottom; background-color:#F00;" |Peel/Completely
|- style="vertical-align:bottom;"
|Absorbed in a Utensil
|Utensil
| style="background-color:#0F0;" |Permitted
| style="background-color:#0F0;" |Permitted
|- style="background-color:#B45F06;"
| style="vertical-align:bottom;" |Intrinsically Forbidden Food
| style="background-color:#DC9A55;" |Food
| style="vertical-align:bottom; background-color:#FF0;" |Up to 2cm
| style="vertical-align:bottom; background-color:#F00;" |Completely
|- style="vertical-align:bottom; background-color:#B45F06;"
|Intrinsically Forbidden Food
| style="background-color:#D9D9D9;" |Utensil
| style="background-color:#FF0;" |Peel<ref>[https://www.hebrewbooks.org/pdfpager.aspx?req=14334&pgnum=74 Chazon Ish YD 22:6], Taz 94:15, Badei Hashulchan 94:105. See, however, Shach 94:32 who seems to have another approach in which most foods can go into a utensil to an Eztbah but cheese is unique and doesn't go into utensils more than a peel. Chazon Ish disagrees and thinks that there's no reason or source to distinguish between foods and rather a utensil is hard and can't absorb more than a peel with dry heat.</ref>
| style="background-color:#F00;" |Completely<ref>Badei Hashulchan 94:106. Badei Hashulchan Biurim s.v. im proves this from the Rama 98:4. See [https://www.hebrewbooks.org/pdfpager.aspx?req=14334&st=&pgnum=75 Chazon Ish YD 22:7 s.v. vadayin] who isn't certain about this halacha.</ref>
|}
===Intrinsically Forbidden===
 
#Roasting something forbidden together with something permitted will make the permitted thing forbidden up to the thickness of a [[Etzbah]] where they touched.<ref>There are three opinions of how far roasting can transfer taste. The Rashba thinks that essentially it could only transfer up to the thickness of a peel. But he is strict for the opinion of Tosfot for any question of Biblical nature. Tosfot  Chullin 99b s.v. ad and Rosh Chullin 7:24 hold that it could transfer up to the thickness of a netila, which is an [[Etzbah]]. Lastly, the Ri Halavan (cited by) holds that roasting can transfer taste completely just like cooking. Shulchan Aruch follows the Rashba. Maharshal follows the Ri Halavan but the Shach disagrees.</ref>
#A non-kosher food that was roasted on a kosher utensil the utensil absorbs up to a peel.<ref>Taz 94:15 implies this but the Pri Megadim vehemently argues that this is an incorrect reading of Shulchan Aruch. Nonetheless, the Badei Hashulchan 94:105 based on Chazon Ish 22:6 rules like the implication of the Taz that food roasted on a utensil only enters the utensil up to a peel. See however, Shulchan Aruch 92:5.</ref>
 
===Absorbed Forbidden Tastes in Food===
 
#A food which absorbed a taste of something forbidden that is then roasted together with another food that other food doesn't become forbidden at all<ref>Taz 105:14 clarifies that ''ein beluah blo rotev'' means that the other food isn't affected at all even the width of a peel.</ref> unless the food that absorbed the taste is fatty.<ref>The Rashba cited by Shulchan Aruch 105:7 holds that taste absorbed in a food can't impart taste with roasting unless it is fatty. Maharshal in Yam Shel Shlomo Chullin 7:45 and Isur Vheter LMaharshal siman 37 writes that ein beluah yotzei blo rotev only applies to tata gavar or two pieces next to one another but it doesn't apply to tzeli or melicha. He explains that he is following the Ri Halavan that tzeli and melicha transfer taste completely just like cooking. Shach 105:18 quotes the Maharshal and disagrees.</ref> Even Ashkenazim agree that in this case we don't assume that all foods might be fatty.<ref>Shach 105:17-18 is lenient for an absorbed forbidden taste to not assume that all foods are fatty since anyway the question of whether a fatty absorption spreads from one food to another is a dispute between the Rashba and Maharam.</ref>
##Some don't distinguish between whether the non-fatty food with an absorbed taste is transferring into a pot or a food, either way it doesn't forbid the next thing at all. However, many achronim distinguish and say that only when a non-fatty food with an absorbed taste is transferring to a food do we say that it has no effect, but from that food to a utensil it would have the effect up to a peel's worth and would require kashering.<ref>Chavot Daat is lenient but most achronim are strict (Ezer Lshulchan p. 82). The Chavot Daat 96:6 is lenient to hold that the taste absorbed in a food doesn't transfer to a utensil. He is only strict if it is a fatty absorption. Pri Megadim MZ 447:13 has a unresolved inquiry about the point of the Chavot Daat. Bet Shlomo YD 1:168 is strict like the Magen Avraham unlike the Chavot Daat.</ref>
#A kosher food that absorbed non-kosher tastes which was then roasted without liquids on a kosher utensil the utensil remains kosher.<ref>Taz 105:16</ref>
 
===Absorbed Forbidden Tastes in Utensils===
 
#A dry kosher food that was roasted on a non-kosher utensil only absorbs up to a peel. If the kosher food was wet it would absorb up to a Etzbah.<ref>Shulchan Aruch 94:8, Rama 105:7, Shach 105:23, 94:33, Horah Brurah 105:71. Bet Yosef 95:1 s.v. masati writes that roasting on a utensil transfers a Etzbah, but see Shach 94:9.</ref>
#A kosher utensil that touched a non-kosher utensil with dry heat the kosher utensil remains completely kosher<ref>Rama 92:8, Shulchan Aruch 105:7</ref> whether or not the absorption in the non-kosher utensil was fatty.<ref>Ezer Lshulchan p. 82</ref>
 
==Pressure of a Knife (Duchka Dsakina)==
{| class="wikitable" style="vertical-align:bottom; background-color:#F9CB9C;float:right"
|- style="background-color:#EFEFEF;"
!Knives
!Used Within 24 Hours
!What Was Cut
!Was The Knife Clean
!How Much Is Affected
|- style="background-color:#F90;"
|Hot Kli Rishon
| style="background-color:#F0F;" |Ben Yomo
| style="background-color:#0FF;" |Not Dvar Charif
| style="background-color:#DD7E6B;" |Either
| style="background-color:#F00;" |Entire Piece<ref>Shulchan Aruch Y.D. 94:7. Shach 94:27 has two approaches as to why a dairy knife can forbid a piece of meat completely if it is simply like dry heat which can at most infuse taste up to a Etzbah. He answers that the pressure of the knife combines with the heat to infuse taste throughout the piece. Alternatively, we're assuming that the knife is dirty and that fatty residue can be infused throughout the meat. Rabbi Akiva Eiger 94:7 points out that the [https://www.hebrewbooks.org/pdfpager.aspx?req=8922&st=&pgnum=259 Rashba Torat Habayit 34a] holds that the halacha of cutting with a knife in a kli rishon is like using a knife to cut a cold dvar charif.</ref>
|- style="background-color:#F90;"
|Hot Kli Rishon
| style="background-color:#EAD1DC;" |Not Ben Yomo
| style="background-color:#0FF;" |Not Dvar Charif
| style="background-color:#E6B8AF;" |Clean
| style="background-color:#0F0;" |Wash<ref>Horah Brurah 94:50. It is also implied by Badei Hashulchan 94:89.</ref>
|- style="background-color:#F90;"
|Hot Kli Rishon
| style="background-color:#EAD1DC;" |Not Ben Yomo
| style="background-color:#0FF;" |Not Dvar Charif
| style="background-color:#85200C;" |Fat Residue
| style="background-color:#FF0;" |Peel<ref>Shulchan Aruch 94:7, Badei Hashulchan 94:89</ref>
|-
|Hot Kli Sheni
| style="background-color:#F0F;" |Ben Yomo
| style="background-color:#0FF;" |Not Dvar Charif
| style="background-color:#E6B8AF;" |Clean
| style="background-color:#0F0;" |Wash<ref>Torat Chatat 61:13, Rabbi Akiva Eiger 94:7, Aruch Hashulchan 94:31, Horah Brurah 94:52, Madanei Hashulchan 94:89. </ref>/Peel<ref>Badei Hashulchan (Biurim 94:7 s.v. habasar) argues with Rabbi Akiva Eiger and says that even though the Torat Chatat ruled that a Kli Sheni has no infusion of taste at all we're concerned with the pressure of the knife together with a kli sheni there's a small infusion of taste up to a peel. This is the opinion of the Gra 94:26 and Badei Hashulchan proceeds to show that the Rama retracted from his opinion in the Torat Chatat.</ref>
|-
|Hot Kli Sheni
| style="background-color:#F0F;" |Ben Yomo
| style="background-color:#0FF;" |Not Dvar Charif
| style="background-color:#85200C;" |Fat Residue
| style="background-color:#FF0;" |Peel<ref>Rama 94:7</ref>
|-
|Hot Kli Sheni
| style="background-color:#EAD1DC;" |Not Ben Yomo
| style="background-color:#0FF;" |Not Dvar Charif
| style="background-color:#E6B8AF;" |Clean
| style="background-color:#0F0;" |Wash<ref>Rabbi Akiva Eiger 94:7. Here the argument of the Badei Hashulchan (Biurim 94:7 s.v. habasar) doesn't apply.</ref>
|-
|Hot Kli Sheni
| style="background-color:#EAD1DC;" |Not Ben Yomo
| style="background-color:#0FF;" |Not Dvar Charif
| style="background-color:#85200C;" |Fat Residue
| style="background-color:#FF0;" |Peel<ref>Rama 94:7</ref>
|- style="background-color:#FCE5CD;"
|Cold
| style="background-color:#C27BA0;" |Either
| style="background-color:#D0E0E3;" |Onion ([[Dvar Charif]])
| style="background-color:#DD7E6B;" |Either
| style="background-color:#FF0;" |Up to 2cm/Entire Piece<ref>Shulchan Aruch Y.D. 96:1 quotes one opinion who says that even if the knife isn't Ben Yomo and is clean still it has an effect of taste up to a netila. The Rama cites another opinion that dvar charif in fact effects the food completely and we're strict for the opinion initially. See [[Dvar Charif]] for all of the opinions.</ref>
|- style="background-color:#FCE5CD;"
|Cold
| style="background-color:#C27BA0;" |Either
| style="background-color:#76A5AF;" |Turnip (hard)
| style="background-color:#DD7E6B;" |Either
| style="background-color:#0F0;" |Wash<ref>Shulchan Aruch Y.D. 96:5. Horah Brurah 96:49 writes that if the knife were clean it wouldn't even need to be washed. Madanei Hashulchan 96:76 implies otherwise. See also Badei Hashulchan 96:70.</ref>
|- style="background-color:#FCE5CD;"
|Cold
| style="background-color:#C27BA0;" |Either
| style="background-color:#76A5AF;" |Cucumber (soft)
| style="background-color:#DD7E6B;" |Either
| style="background-color:#FF0;" |Scrape<ref>Shulchan Aruch Y.D. 96:5. Shach 96:21 explains that washing off the cucumber doesn't work since it is soft and moist and the fat upon it doesn't come off by washing it. Badei Hashulchan 96:69 cites another reason but sides with the Shach. Shach also writes that even if the knife is dirty scrape off a layer to clean the cucumber is sufficient. Badei Hashulchan 96:70 agrees and isn't certain if the knife is clean but there wasn't neytza, sticking the knife into the ground, whether the cucumber needs to be scraped or not. Perhaps even for a clean knife we're concerned that there's a little residue left on it.</ref>
|}
 
#If a cold knife is used to cut a non-sharp food there's no transfer of taste between the food and the knife.<ref>Shulchan Aruch YD 96:5</ref>
#If a cold knife is used to cut a sharp food there is a transfer of taste up to a thickness of a Etzbah and for Ashkenazim initially there is a complete transfer.<ref>Shulchan Aruch YD 96:1. In the rishonim there are three opinions of how far a sharp food transfers taste when cut. Some say it transfers taste up to a peel (Rosh Chullin 8:31), some say up to a Etzbah (Raavad cited by Torat Habayit Haaruch 4a), and some say completely (Rashba Torat Habayit Hakatzar 4a).</ref>
#If a knife is used to cut a non-sharp food that is in a Kli Rishon whether it has liquids or solids there is a complete taste transfer.<ref>Shulchan Aruch YD 94:7. The Bet Yosef asks why there is a complete transfer if a Kli Rishon could transfer taste from a utensil to a food up to a peel. He answers that a knife has the ability to transfer more taste and instead of it only going up to a peel, it transfers completely. The Bet Yosef gives another answer that acknowledges that the knife doesn't transfer taste completely unless there is fat on the knife. Also, the Shach has a third answer which would yield the same position about knives in a Kli Rishon. Nonetheless, the poskim are strict for the first answer of the Bet Yosef alone (Badei Hashulchan 94:76 citing Pri Megadim).
 
*Pri Chadash 94:23 argues that there is an absorption up to a Etzbah. His proof is the Rashba Chullin 111b who states that the Raavad compared cutting with a hot knife non-sharp foods to cutting a sharp food with a cold knife and both transfer taste up to a Etzbah.</ref>
#If a knife is used to cut a non-sharp food that is in a Kli Sheni there is a major dispute but most hold that there is only a transfer of a peel.<ref>In the poskim there are three possible approaches:
 
#The Torat Chatat 61 holds that there is no transfer of taste in a Kli Sheni even if there is also pressure of a knife. There is only a transfer from the knife when it is dirty with fat left on it. This is cited by Rabbi Akiva Eiger 94:9.
#The Rama 94:7 holds that there is a transfer of taste up to a peel when the pressure of a knife is used in conjunction of a Kli Sheni. His proof is the Gemara Chullin 8b that the pressure of a knife together with the temperature of an animal's neck at the time of slaughtering cause a transfer of a peel. The Gra 94:27-8 cites this proof.
#The Maharshal (Chullin 7:44 and 8:71) holds that there is a complete transfer of taste for two reasons. 1) He holds that generally a kli sheni causes a complete taste transfer. 2) He holds that a solid item from a kli rishon isn't considered a kli sheni, it is still considered a kli rishon in which case it causes a complete taste transfer. Taz 94:14 accepts the first argument and the second argument he generally doesn't hold of except for when there's pressure of a knife.</ref>
#If a knife is used to cut a non-sharp food that is in a Kli Shelishi most say that there is a taste transfer of only a peel.<ref>The Chatom Sofer 95 writes that we treat a kli shelishi like a kli sheni, while the Pitchei Teshuva 94:7 writes that we treat it more lenient. Rama 94:7 writes that a kli sheni with pressure of a knife only requires a peel.</ref>
#If a knife is used to slaughter an animal according to Sephardim there is no transfer of taste at all, while according to Ashkenazim there is a transfer of taste up to a peel into food but not into the knife since utensils don't absorb as easily as food does.<ref>If a person slaughters a kosher animal with a non-kosher knife there is a dispute in Chullin 8b whether the meat absorbs non-kosher taste. One opinion is that it doesn't and simply needs to be washed, while the other opinion is that it transfers a taste up to a peel. Ashkenazim follow the opinion that there is a transfer of taste up to a peel (Rama 10:1, Shach 10:9), while Sephardim follow the opinion that the meat can be washed. On the other hand, if a person slaughtered a non-kosher animal with a kosher knife the gemara has another dispute whether the knife becomes non-kosher but the halacha according to everyone is that the knife remains kosher (Shulchan Aruch YD 10:3). Rashi Chullin 8b s.v. vhilchata explains that the reason to be more strict on food than the knife is that food absorbs more easily than utensils.</ref>
#If a knife isn't used within 24 hours it doesn't transfer taste.<ref>Shulchan Aruch 94:7</ref>


==Sources==
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[[Category: Kashrut]]
 
[[Category:Brachot]]
[[Category:Prayer]]

Revision as of 21:20, 3 August 2020

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Phases of the moon

During the beginning of the lunar month the moon is situated between the earth and the sun, thus causing the illuminated side of the moon to face away from the earth. A few days into the new month, the moon makes it's appearance gradually until it reaches it's fullness, when it then wanes again. Our Sages instituted that upon seeing the moon at it's first stages after renewal one is to recite a blessing called Birkat Halevana (Hebrew: ברכת הלבנה, tran. Blessing of The Moon), or Kiddush Levana (Hebrew: קידוש לבנה, trans. Sanctification of the Moon).[1]

This monthly ritual is performed outdoors at night in the first half of the month, in which this blessing along with a series of additional prayers are recited for the new moon.

The source of this blessing appears in the Talmud (Sanhedrin 42a) where the sages equate one who blesses the new moon on its proper time to one who greets the Divine Presence.[2] The commentators explain that by reciting this blessing of the new moon, one in essence recalls that it is God who created the universe, and this realization in turn is tantamount to experiencing the Divine Presence.[3]

Another aspect of this ritual is in order for us to internalize a significant lesson that emerges when comparing the history of the Nation of Israel and the cycle of the moon: just as the moon is "reborn" after a period of its decrease and extinction, so too, our nations decline will end and its light will once again radiate in full vibrancy. This ritual in effect instills in our hearts this much-needed message of hope.[4]

Basics

  1. Since this blessing involves greeting the Divine Presence, it is most proper, when possible, for it to be recited while standing. [5] When not feasible (eg. a elderly or sick person), this blessing may be recited in a sitting position.[6]
  2. It is also preferable, when possible, that this blessing not be recited indoors but, rather, outdoors under open skies, as is the way to go greet someone of prominent stature. [7] Preferably one should also not be positioned beneath a roof or overhang.[8] When not feasible, this recommended condition may be waived, provided the moon's illumination is visible indoors to the reciter (eg. through a window or door). [9]
  3. It is proper to be clothed with dignity while reciting this blessing, as one would dress before greeting someone of prominent stature. Some have the custom to wear special Shabbat garments, even while reciting this blessing during an ordinary weekday. [10]
  4. Since this ritual involves such great allusion the ultimate convalesce of our nation, it is customary to break into frolic dance after its completion. [11]

When It Should Be Said

The Molad for Iyar 5782 is 6:08pm Jerusalem time on Thursday 20th April 2023 and the latest time for kiddush levana for Sephardim is 6:08pm Jerusalem time on Friday 5th May 2023 and for Ashkenazim 12:30pm Jerusalem time on Friday 5th May 2023.

  1. According to Ashkenazim, one may recite the Bracha three days after the molad; however, according to Sephardim, in general, one should wait until seven days after the molad.[12] In this context, days are counted as 24 hour periods.[13] It’s proper to wait until Motzei Shabbat (Saturday night) to recite Birkat Halevana.[14]
  2. During the month of Tishrei, Birkat Halevana isn't recited prior to Yom Kippur; rather it should be said right after Yom Kippur.[15]
  3. During the month of Av, most have the minhag not to say Kiddush Levana prior to Tisha BeAv.[16] Some say that it shouldn't be said right after Tisha BeAv, but in the next few days.[17]
  4. One may recite Birkat Halevana until 15 days after the molad, however, on the 16th day one should recite it without Shem UMalchut. Some say that one may only say it until 14¾ days after the molad.[18] A chart of the time of the upcoming molads is printed here (see note for calculation)[19]:
  5. The strict halacha allows reciting Birkat Halevana on Shabbat and Yom Tov, but, since the Kabbalists recommend against it, one shouldn't do it unless one is running out of time to recite the Beracha.[20]

Looking at the Moon

  1. One should look at the moon prior to reciting the Bracha. Some hold that one should only look at the moon once and not look at it again, whereas others are lenient to allow looking at it anytime during the Seder of Birkat Halevana except during the Bracha itself.[21]
  2. If one recited Birkat Halevana without looking at the moon but with a tzibbur, one fulfills his obligation after the fact.[22]

Explanation of the Text

  1. The text of this blessing, as it appears in the Talmud, reads: Blessed are you God.. Who with his utterance created the heavens.. Who renews the months, etc.[23] In this blessing, we express our recognition of God's awesome power over the universe. As such, one should be vigilant to recite this blessing with full intent, devotion, and elation.[24] It is customary to also recite additional appropriate texts and passages, the "Shalom Aleichem" greeting [25] and, for Ashkenazim, the "Aleinu" prayer[26].
  2. The verse "Just as I dance toward you but cannot touch you, so may none of my enemies be able to touch me for evil" and many that follow in the text are repeated three times in order to give emphasis to these special messages. Upon the recital of this verse, one is to rise on his toes as if in a dance.[27]
  3. After mankind's first successful Lunar surface landing in July 20, 1969, there were those who felt that this last mentioned verse should now read:"Just as I dance toward you but do not touch you", most however argued, explaining that, to us here at earth, the moon is classified as 'unable to be touched'.[28]
  4. Some have written that praying "May I be saved from toothaches" after the recital of this last verse "none of my enemies be able to touch me for evil" is auspicious for being saved from toothaches.[29]
  5. As was mentioned above, the phases of the moon are equated to the Davidic dynasty, where we are confident that our nation's "diminished" power will soon end and its light will soon illuminate to fullness. It is therefore the custom to recite the verse "David, King of Israel, is alive and enduring".[30] Some communities then follow the recital of this verse with the recital of the word "Amen", three times. One should take care to pause between each Amen [31] unless his recital is in private, in which case one is not obligated to pause.[32]

Women

  1. According to most authorities this blessing is a time-bound commandment, thus exempting women from obligation of its recital.[33]
  2. When it comes to other time-bound commandments there is a dispute between the Sephardic and Ashkenazic authorities as to whether they may opt-in and recite the blessing if they so wish.[34] When it comes to this blessing however, the widespread custom is that all women do not in fact recite it.[35] Some suggest that women should attempt to hear the blessing recited by a man who has in mind that the blessing be behalf of them as well.[36]

Blind

  1. The authorities dispute whether a blind person is obligated in this blessing or not.[37] Many suggest that he should listen to another while having in mind to fulfill his obligation.[38]

Hebrew Text

  1. Ashkenazic text of Birkat Halevana: Wikisource.org.
  2. Sephardic text of Birkat Halevana: Sefaria.org.

Sources

  1. ↑ Some Ashkenazic greats termed this blessing "Kiddush Halevana, see for instance Maharil (Rosh Chodesh, Siman 9) and Rama 426:2. Rabbi Yosef Qafih (The Guide for the Perplexed, 2:5 fn. 15) however, writes that the name "Birkat Halevana" is more correct as that is what is found in all earlier sources. See Hegyonei Haparsha Shemot (p. 132) who documents that the Or Zaruah (456), Shibolei Haleket (167) and Tur (426) all use the title Birkat Halevana, as opposed to the Eshkol (Birchot Hodah 23:3) and Maharil (Rosh Chodesh) who termed it Kiddush Levana. In explaining the term this latter term, he cites the To'ameha Chaim (37) who brings that Midrash Rabba (Shemos Rabba 15) states that God gave the Jewish people the moon as his betrothal gift, with that he explains that this term highlights the relationship between God and the Jewish people which is comparable to an Halachic marriage, kiddushin.
  2. ↑ Sanhedrin 42a. See Divrei Yatziv (Orach Chaim 278) for a discussion as to why this blessing is only first introduced here.
  3. ↑ Levush (426:1) explains that this blessing was specifically designated to the moon over other stars or planets because it is the moon that is closest to us on earth, easily enabling us to constantly recognize God's control over the universe. Aruch Hashulchan 426:2 also cites this reason. C.f. Sefer Hachinuch 403 for a similar idea. Alternatively, Hegyonei Haparsha (Shemot p. 133) quotes To'ameha Chayim (Rosh Chodesh n. 8) that the moon is awarded this blessing as an appeasement for it's minimization by God at the beginning of creation (See Rashi Beresheet 1:16).
  4. ↑ Rama 426 citing Rabbeinu Bahya (Parashas Vayeshev)
  5. ↑ Gemara Sanhedrin 42a, Shulchan Aruch Orach Chaim 426. The Gemara relates that Mereimar and Mar Zutra in their later years would be supported by their attendants in order to recite this blessing while standing. See Rashi there.
  6. ↑ Ya'alkut Yosef 426:11
  7. ↑ Shiltei Ha'giborim (Berachos 189:3), Bach Orach Chaim 426 and Teshuvos HaBach (no. 80)
  8. ↑ Rama Orach Chaim 426:4 with Mishnah Brurah (426:21) and Ya'alkut Yosef (426:26). Orchos Rabbenu (v. 1 p. 178) however, brings from the Chazon Ish that this optimal condition is only to refrain from it's recital in indoor structures, but, once outside, one may recite the blessing under an overhang. See Responsa Yaskil Avdi (vol. 8 no. 38) and Ya'alkut Yosef (Shabbat vol. 5, pg. 332) for a discussion regarding it's recital under a tree branch, and Mishnah Berura Dirshu (42) regarding it's recital under an umbrella.
  9. ↑ Bach Orach Chaim 426 with Mishnah Berurah (426:21).
  10. ↑ Tractate Sofrim (20) makes reference to the importance of being well dressed during this ritual. See Hagaos Maimoniyos (Hilchos Berachos 10:16) who relates that his teacher Rabbi Meir of Rothenburg had the custom to wear Shabbos clothes before the recital of this blessing, even if he preformed it during the weekday. Pri Chadash Orach Chaim 426:???? brings this, and suggests that we at the very least be meticulous of wearing the special Shabbos hat. See Mishnah Berurah (426:7) however, who observed that widespread custom is to no longer to be careful in this latter stringency. See also Ya'alkut Yosef Shabbat vol. 5, pg. 318).
  11. ↑ Meiri Sanhedrin 42a, Darchei Moshe Orach Chaim 426, Rama Orach Chaim 426:2 further analogizes this ritual in effect to a ceremony of ultimate matrimony between God and the Nation of Israel. (Teshuvot Vehanhagot (1:203) quotes Rabbi Betzalel Stern who points out that this is the only place we find the Rama interestingly recommending dancing.) See Shaar Hatziyun (Orach Chaim 426:12) explains that we do not recite this blessing on Friday night because this ritual is accustomed to be coupled with dancing, which is forbidden on Shabbos.
  12. ↑ Shulchan Aruch Orach Chaim 426:4 writes that one shouldn’t recite Birkat Halevana until seven days have passed from the molad based on the Shaarei Orah. However, the Bach on Orach Chaim 426 rules like the Rabbenu Yonah who says that one may say it after three days. Taz, Orach Chaim 426:3, Magen Avraham 426:13, Aruch HaShulchan, Orach Chaim 426:13, and Mishna Brurah 426:20 agree with the Bach. Sh”t Yabia Omer 6:38(1) rules like Shulchan Aruch but adds that if Motzei Shabbat is a few hours less than seven days one may say it and in places where majority of the month is cloudy one may say it after three days.
  13. ↑ Mishna Brurah 426:17 clarifies that for this halacha days are counted as 24 hour periods and not from sunset to sunset.
  14. ↑ Masechet Sofrim 19:10 (in some versions 20:1) writes that one should say Birkat Halevana specifically on Motzei Shabbat. However, Rabbenu Yonah (Brachot 21a) quotes some who say this, rejects it, and concludes that one can say it anytime after three days. Bet Yosef Orach Chaim 426:2 writes that probably Rabbenu Yonah didn’t have this girsa in Maasechet Sofrim. Shulchan Aruch, Orach Chaim 426:2 rules that one should recite Birkat Halevana on Motzei Shabbat; however, the Biur HaGra, Orach Chaim 426:2 cites the Gemara Yevamot 39a which says that we don’t delay performing Mitzvot. The Mishna Brurah 426:20 rules that it’s proper to wait until Motzei Shabbat, but there is what to rely on to say it earlier. Additionally, in the winter and rainy months, those who are zealous to say it early are praiseworthy. Rama Orach Chaim 426:2 writes that if Motzei Shabbat is the eleventh night from the molad, one doesn’t have to wait until Motzei Shabbat, because it’s possible it will be cloudy the following four nights.
  15. ↑ Rama, Orach Chaim 426:2. The Beiur Halacha (s.v. sham d"h v'lo kodem), however, does quote the opinion of the Levush that by Yom Kippur, as opposed to Tisha B'Av, Birkat Halevana should be said before Yom Kippur as even one merit (one mitzvah) may tip the scales towards the positive during this period of judgement. He notes that this seems to be the opinion of the Beis Meir as well.
  16. ↑ Rama, Orach Chaim 426:2, 551:8
  17. ↑ Rama, Orach Chaim 426:2, Mishna Brurah 426:10. However, Ish Matzliach footnote 3 ad loc. says that the Minhag in most places is to recite it on Motzaei Tisha B'av
    • Halichot Shlomo (Tefillah ch. 15, n. 22) records Rav Shlomo Zalman's minhag to recite Kiddush Levana after three full days even during the months of Tishrei and Av. See Aruch Hashulchan Orach Chaim 551:22 and Maaseh Rav 159.
  18. ↑ Shulchan Aruch Orach Chaim 426:3 rules like the opinion of Nehardai in Gemara Sanhedrin 41b who say that one has 15 complete days. Chazon Ovadia, Chanuka p. 349 agrees, unlike the opinion of the Rav Pe'alim. However, the Rama Orach Chaim 426:3 writes that one may only say it up to half of 29 days, 12 hours, and 793 chalakim. Beiur Halacha s.v. VeLo writes that if one is in such a situation where half of 29 days, 12 hours, 793 chalakim passed and 15 days have not, there is what to rely on to say the Bracha. Beiur Halacha adds that if it’s the 16th day one should say it without Shem UMalchut. Sh”t Yabia Omer 6:38 agrees with the Beiur Halacha that on the 16th day one should say it without Shem UMalchut.
  19. ↑ Rambam (Kiddush HaChodesh 6:3) writes that from one Molad (the astronomical time when the new moon can be seen) to another is 29 days, 12 hours, and 793 chelakim (and there's 1080 chelakim in an hour). The Rambam 6:8 also writes that the time with which to begin to calculate the Molads from the beginning of creation is the 2nd day, 5 hours, and 204 chelakim. To calculate the Molad of Rosh Chodesh Tishrei 5773, first let us calculate the number of months which passed from creation and then add the appropriate time for each month. Although there are 12 months in a regular year because there are 7 leap years in a 19 year cycle, there is an average of 12.3684 lunar months a year. By Tishrei 5773, 5772 complete years have passed, meaning that 71390 complete months have passed since creation. The chelakim for the molad of Tishrei 5773 should be 1034 (i.e. 204 + (71390 * 793) modulo 1080) which is equal to 57 minutes and 8 chelakim. Making similar calculations leads to conclude that the Molad for Tishrei 5773 is 1am (i.e. 5+12*71390+(204+71930*793-1034)/1080) mod 24 starting from 6pm) Sunday (i.e. 2+1*71390+(909103-37879)/24 mod 7). The other months can then be calculated from that starting point by either adding or subtracting the interval for each month (1 day, 12 hours, 793 chelakim. To confirm these calculations, one can check the Chabad.org page of Molad times. For more explanation of Molad calculation and how the calendar works, see David Pahmer, Chesbon Zeman Kiddush Levana (Ohr HaMizrach 51 1-2, pp. 120, Tishrei 5766) and Kiddush HaChodesh on YUTorah.
  20. ↑ The Rashba (responsa 4:48) quotes someone who said that it is forbidden to say Birkat Halevana on Friday night, since it is like travelling out of the Techum above ten tefachim. The Rashba doesn't understand that opinion and disagrees. He argues that there is no Techum above ten tefachim, and, also, it is greeting Hashem and not the moon. Therefore, it isn't at all like travelling out of the Techum and is permissible to be recited on Shabbat. The Mishna Brurah 426:12 rules that it is permissible to say Kiddush Levana on Shabbat and Yom Tov if it is necessary. In the Shaar Hatziyun 426:12 he adds a reason that everyone can agree with. Since it is a mitzvah filled with happiness, a person might come to dance, which is forbidden on Shabbat.
  21. ↑ *Shulchan Aruch, Orach Chaim 426:2 writes that one should look at the moon prior to making the Bracha. Magen Avraham 426:8 quotes the Shlah who says that one should only look once and then it’s forbidden to look again (for Kabbalistic reasons). Shaarei Knesset HaGedolah 426:5 quotes the Sefer Charedim that one may only look at the moon at the time of the Bracha. On the other hand, the Sefer Charedim 45:5 actually writes that one may not look at the moon just like one may not look at a rainbow (and doesn’t mention anything about the Bracha). Thus, the Birur Halacha (Rabbi Yechiel Zilber, vol 5, pg 121) explains that the Sefer Charedim probably agrees with the Shlah.
    • Morever, Shaarei Knesset HaGedolah writes that the minhag is look at the moon during the entire Seder, and his point supported by the language of Maasechet Sofrim quoted by the Tur and Shulchan Aruch. Birur Halacha (vol 5, pg 122) writes that if one is looking at the moon in order to recognize Hashem’s wonders then it’s permissible.
    • Mishna Brurah 426:13 quotes these three opinions and doesn’t give a ruling. The Aruch HaShulchan, Orach Chaim 426:5 writes that the minhag is like the Shlah. Chida in Yosef Ometz 474 and Moreh Etzbah 6:186, Chesed Alafim 426:4, Kaf HaChaim Palagi 35:4, The Ben Ish Chai (II Vayikra 23), Kaf HaChaim Orach Chaim 426:34, Mekor Chaim 426:2, Birkat Eitan (Birkat Halevana pg 207), Yalkut Yosef (Birkat Halevana pg 146), and Ateret Paz (Birkat Halevana pg 65) agree.
  22. ↑ Birkat Eitan (Birkat Halevana pg 200), Sefer Kiddish Levana (2 note 20) in name of Rav Elyashiv, Halichot Shlomo 15:13, Even Yisrael 426:1, Sh"t Shevet HaLevi Y"D 5:125(4)
  23. ↑ Sanhedrin 42a, Shulchan Aruch Orach Chaim 426:1
  24. ↑ Moreh Ba'ezbah 187, Ben Ish Chai (vol. 1, Vayikra 26)
  25. ↑ Levush (Orach Chaim 426) explains that this greeting is included after the recital of this blessing, for after having greeted the Divine Presence, we then joyously bless one another. Rav Yosef Meshash in Mayim Chayim 92 adds another reason. We are asking for Shalom for Klal Yisrael, between the parts of Hashem's name, and that the moon should return to its original completeness.
  26. ↑ Mishnah Berurah 426. We recite this prayer after our greeting of the moon, to declare that this ritual is not to be interpreted as idolatrous heavenly worship, God forbid.
  27. ↑ Masechet Soferim (19). Dover Shalom (Kiddush Levana) explains that this symbolic exertion to touch the moon is a form of prayer: "Just as we cannot touch the moon, may the exertions of our enemies against us be with no avail". Some write that this rise should specially be of three times, See Yalkut Yosef (426).
  28. ↑ Israeli Armed Forces’ Chief Chaplain General Rabbi Shlomo Goren's change in the IDF Siddur (pg. 464) also based on text of Masechet Soferim. See, however, Derech Sicha (pg. 629), where Rabbi Chaim Kanievsky explains that even nowadays the moon is deemed 'unable to be touched'. Yalkut Yosef (426:17) writes similarly.
  29. ↑ Ta'amei Haminhagim (Inyanei Rosh Chodesh) from the Radziner Rebbe. Some versions of the Ya'avetz's Siddur have this addition as well, in brackets, though. Rabbi Chaim Kanievsky in Derech Sicha (p. 144) concurred with the efficacy of this benevolent charm, as well. He relates that his father, Rabbi Ya'akov Yisrael Kanievsky would recite these additional words also on behalf of others who were suffering from toothaches. See also Yalkut Yosef (Shabbat vol. 5, pg. 329).
  30. ↑ Rama Orach Chaim 426
  31. ↑ *Yerushalmi (Megillah 4:10) teaches that one may not say Amen Amen just as the Sages prohibited the recital of "Shema Shema". See Ohel Moed (Kriyat Shema 1:7) who cites this Yerushalmi and rules accordingly. The Beis Yosef (Orach Chaim 61) however challenges this ruling of the Ohel Moed and questions it with many verses which actually contain the words Amen one after the other. (See Mor U'ketzia (61) where the Yaavetz proves that this Yershalmi actually is against a Bavli which permits such a recital.)
    • Pri Chadash (Orach Chaim 61:12) refutes the Beis Yosef's proof: he suggests that those verses are indeed only to be said on condition that pause between the two Amen words. Kaf Hachaim (Orach Chaim 61:43) and Yabia Omer 10:5 therefore rule that while the recital of Birkat Halevana, a pause should be made between the three "Amen" words.
  32. ↑ Korban HaEdah (Megillah 4:10)
  33. ↑ Meiri (Sanhedrin 42a) seems to hold that women are obligated in its recital. Rabbi Shlomo Kluger (Chochmas Shlomo 426:1) explains that although this ritual is time-framed it does not fall under the category of time-bound obligations from which women are exempt for. He reasons that Birkas Halevana is not attached to a specific time on the calendar, as most time-bound commandments, rather this ritual which is a "response" to a natural phenomenon - the moon's renewal - which so happens to be at specific part of the month, and women are therefore obligated. Rabbi Joseph Ber Soloveitchik held this way as well (Nefesh Harav, pg. 176) See Yabia Omer (Orach Chaim 5:36) for more on this topic. Rav Moshe Feinstein (Choshen Mishpat 2:47) however argued that even this is considered time-framed as it comes around at a same specific time monthly, and that suffices to consider it a time-bound commandment from which women are exempt from. Mishnah Berurah (426:1) considers it so as well.
  34. ↑ There is a major dispute regarding women and the recitation of a beracha when they perform mitzvot that are time bound (which they are exempt from). The Rambam (Hilchot Tzitzit 3:9) holds that since women are exempt from the Mitzvah of Tzitzit, they can't make a Bracha on it (see also Hilchot Shofar Sukkah Vilulav 6:13 about sitting in a Sukkah). On the other hand, the Raavad (Hilchot Tzitzit 3:9) and Tosfot (Eruvin 96a, Rosh Hashanah 33a, Kiddshin 31a s.v. lo mifkadana) quoting Rabbenu Tam, argue that even if women are exempt from a mitzvah, they may recite the bracha if they opt to perform the mitzvah. The Maggid Mishna Hilhot Sukkah 6:13 explains the Rambam as saying that it is impossible to say VeTzivanu if a person is exempt from the mitzvah. Shulchan Aruch Orach Chaim 589:6 follows the Rambam, while the Rama Orach Chaim 17:2 accepts the Rabbenu Tam.
    • What emerges from the halacha is that Ashkenazim hold that women may recite the bracha upon a mitzvah that they are volunteering to do, while according to Sepharadim they may not.
    • Chacham Ovadia Yosef (Shu"t Yabea Omer 2:OC 6, Shu"t Yechave Daat 1:68, Chazon Ovadia Sukkot 149-151) very strongly encourages following Shulchan Aruch that women should not say a beracha.
    • However, see Chida (Birkei Yosef 654:2) who opines that even Sephardim have what to rely upon to follow Rabbenu Tam and Kaf Hachaim Orach Chaim 17:4 who quotes this. Similarly, given the dozens of Poskim who rule that a Sephardic woman may recite the beracha, and that this was the custom in their communities, Rav Mordechai Lebhar (Magen Avot, Orach Chaim 589:6) writes that women from those communities may continue with their traditions, but others may not, as the Shulchan Aruch rules stringently and we would say Safek Berachot Lehakel.
  35. ↑ Mishnah Berurah 426
  36. ↑ Kaf HaChaim (Orach Chaim 426:1)
  37. ↑ Responsa Maharshal (no. 77) explains that this blessing was instituted in recognition of the renewal of the moon, and it, thus, follows that even the blind be obligated. Additionally, even the blind benefit from the moon, for others use its light in escorting them. This is also the opinion of the Mishnah Berurah (426:1). See however Biur Halachah (s.v. nehenin) who cites many who hold that he should not recite this blessing. See Ya'avetz's Siddur (Kiddush Levana) who writes that he should recite the blessing with omitting God's name.
  38. ↑ Biur Halachah (426, s.v. nehenin)
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