General Laws of Muktzeh and Socializing with Non-Jews: Difference between pages

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==Reasons for Muktzeh==
There are a number of reasons why the Rabbis forbad moving certain items on [[Shabbat]].
# The rabbis understood that just like the prophets forbad speaking on Shabbat just like one speaks during the week ([[Dabber Dvar]]) and they forbad walking just like one walks during the week (MeAsot Derachecha), so too the items a person moves on Shabbat should different from what he moves during the week. Considering that a person can't do any melacha, he might begin to move all sorts of items around the house in an effort to organize or clean. If one does such, one will have violated the Torah's commandment to rest.
# The rabbis prohibited moving items lest one come to use them for a prohibited use on Shabbat.
# The rabbis felt that some people don't do any particular work during the week. If such people were able to speak, walk, and move items just like they do during the week, the "resting of Shabbat" wouldn't be distinguishable from one's rest the other days of the week.
# The rabbis were concerned that if one were to move any item one would come to carry outdoors.<Ref>Rambam and Raavad ([[Shabbat]] 24:12), Bet Yosef (Intro to 308), Mishna Brurah (Intro to 308), Yalkut Yosef ([[Shabbat]] v. 2, p. 304) </ref>


==Ways of moving Muktzeh==
==Drinking in a Non-Jewish Store or House==
# If a [[Muktzeh]] item is on top of a non-[[Muktzeh]] item, it is permitted to move the [[Muktzeh]] indirectly if one’s intent is to use the non-[[Muktzeh]] item but not if one’s intent is to move the [[Muktzeh]]. This assumes that the non-[[Muktzeh]] item isn’t a [[Bosis]] and one can’t remove the [[Muktzeh]] by tilting. <Ref> In the Gemara ([[Shabbat]] 123a) Rav Nachman states that indirect movement of [[Muktzeh]] is permitted. On the other hand, the Gemara (43b) earlier states that everyone agrees indirect movement of [[Muktzeh]] is forbidden. Tosfot (43b s.v. DeKuleh) answer that indirect movement of [[Muktzeh]] is permitted if one’s purpose is to move the permitted item and a [[Muktzeh]] item is drawn along, but if one’s intent is to move the [[Muktzeh]] item, one may not do so even indirectly. The Rif 20b, Rambam ([[Shabbat]] 25:14), and Rosh 3:19 agree to this resolution. Tur and S”A 311:8 codify this as halacha.
In order to keep the Jewish people at a distance from non-Jews in a venue in which they could become too well acquainted and arrive at intermarriage, the Chachamim prohibited drinking "Sheichar" of non-Jews.<ref>Avodah Zarah 31b</ref> Some say this was a takkanah or middat chassidut adopted by the later Amoraim.<ref>Two slightly different articulations of Rabbeinu Tam’s view as quoted by various Rishonim such as Sefer HaYashar Chiddushim 621/727, Tosafot Avodah Zarah 31b, Talmidei R' Yonah ad loc, Or Zarua Avodah Zarah 163, Rosh 2:15, Ramban, Ritva, and Ran ad loc, Torat HaBayit 5:1</ref>
* The Chazon Ish 47:12-14 explains that if one is moving a [[Muktzeh]] item and a non-[[Muktzeh]] item for the sake of the [[Muktzeh]], it is considered as though one is moving [[Muktzeh]], but if one is moving it for the sake of the non-[[Muktzeh]] item, it is considered as though one is moving only the non-[[Muktzeh]]. Accordingly, the Chazon Ish writes that he doesn’t understand the Taz 308:18 and Mishna Brurah 308:115, who write that one may push peels or bones that are totally inedible off the table using a knife if one needs the area where these peels and bones are located since one is moving [[Muktzeh]] indirectly for a permitted need. The Chazon Ish argues that since one is primarily focused on moving the [[Muktzeh]], it is forbidden even if it is done indirectly.
* Rabbi Mordechai Willig (Am Mordechai p. 104-6) explains that the Mishna Brurah and others hold that it is permitted to move [[Muktzeh]] indirectly for a permitted use on [[Shabbat]] as Chazal were lenient with regards to moving [[Muktzeh]] indirectly for a permitted purpose. He explains that this leniency may be due to the fact that [[Muktzeh]] is based on the prohibition to carry on [[Shabbat]]. Even if one carried [[Muktzeh]] for a permitted purpose and not for the [[Muktzeh]] itself, it would be Melacha Sheino Tzaricha LeGufo and not a biblical prohibition. However, Chazal only permitted moving [[Muktzeh]] for a permitted use if done indirectly or in an abnormal manner because of a Lo Plug. Shemirat [[Shabbat]] Kehilchata 22:38 agrees with the Mishna Brurah.
* Based on S”A 309:3-4, Rabbi Simcha Bunim Cohen (Muktzeh, A Practical Guide p. 35-8) notes that one may not indirectly move a non-[[Muktzeh]] item if it was a Bosis. Additionally, if one can remove the [[Muktzeh]] item by tilting, one may not move it indirectly.</ref>
# It is permitted to move a [[Muktzeh]] item with one’s body. <Ref> The Mishnah ([[Shabbat]] 141a) states that one may push [[Muktzeh]] straw off of his bed with his body but not with his hands. The Gemara explains that this is based on the principle that indirect movement of [[Muktzeh]] is permitted. Based on the distinction of Tosfot (see note 1), Rabbeinu Yonah (cited by the Rosh 3:19) asks why indirect movement of [[Muktzeh]] is permitted if one’s intent is to move the [[Muktzeh]] item. The Rosh answers that moving [[Muktzeh]] with one’s body is permitted even if one’s intent is to move [[Muktzeh]], whereas direct movement of a non-[[Muktzeh]] item which in turn moves a [[Muktzeh]] item is permitted only if one’s intent is for the non-[[Muktzeh]] item. Tur and S”A 311:8 codify this as halacha.
* The Mishna Brurah 311:30 writes that it is permitted to move [[Muktzeh]] with any part of one’s body other than his hands. For example, in 308:13 and 30 he writes that one may move [[Muktzeh]] with one’s foot. Shemirat [[Shabbat]] Kehilchata 22:36 agrees. See Chazon Ish 47:12, who argues that the Rosh merely meant that one may lie down on straw even if it moves since its not evident that one is moving [[Muktzeh]]. One may not, however, move [[Muktzeh]] with one’s body if his primary intent is to move [[Muktzeh]]. See Rabbi Mordechai Willig (Am Mordechai p. 105-6) who connects this to the above dispute. </ref>
# It’s permissible to blow on [[Muktzeh]] to make it move if it’s for a permissible purpose. <Ref>S”A 308:43 and Rama 308:3 consider blowing on [[Muktzeh]] as indirect movement which can be moved for a permissible purpose. </ref>
# Additionally, it’s permissible to cover a [[Muktzeh]] item with a vessel even if the vessel will touch the [[Muktzeh]] as long as placing the cover on the [[Muktzeh]] will not move it. <ref>Mishna Brurah 308:22 rules like the Gra unlike the Magen Avraham (which was brought as a dispute in Mishna Brurah 308:17). </ref>
# It’s permissible to sit on [[Muktzeh]] unless there’s no need in which case one shouldn’t. <Ref>Ran on Rif (Shabbat 46b), Mishna Brurah 308:82 </ref>
===Touching Muktzeh===
# It is permitted to touch [[Muktzeh]] if it does not move. Some say that one may not touch [[Muktzeh]] if one’s intent is to serve the [[Muktzeh]] item. <Ref> The Yerushalmi (Beitzah 5:1) states that one may place a vessel over an egg that was laid on [[Shabbat]] as long as the vessel doesn’t touch the egg. The [[Maggid]] Mishneh ([[Shabbat]] 25:23) wonders why there should be a prohibition even if the vessel touches the egg – after all, Chazal forbade only moving [[Muktzeh]]. He answers that since an egg is round, touching it automatically will make it move. The Trumat HaDeshen (67) based on Tosfot (see note 1) argues that covering [[Muktzeh]] for its protection is forbidden since one’s entire intent is for the [[Muktzeh]].
* S”A 308:42 and Rama 308:3 write simply that it is permitted to touch [[Muktzeh]] and don’t add the Trumat HaDeshen’s condition. Magen Avraham 310:3 rules in favor of the Trumat HaDeshen, while the Gr”a (Beiur HaGra 310:6) rules like the [[Maggid]] Mishneh. The Mishna Brurah 310:22 and Shemirat [[Shabbat]] Kehilchata 22:33 agree with the Gr”a. </ref>
# It’s permissible to remove a permissible item that’s sitting on top of a [[Muktzeh]] item. <Ref>Rama 308:3 </ref>
===Muktzeh that’s in already in one’s hands===
# If one has picked up a [[Kli Sh’Melachto LeIssur]] in one’s hands in a permissible fashion then it’s permissible to place it anywhere one likes.<ref>Rashi Shabbat 43a s.v. btzarich, Tosfot Beitzah 3b s.v. aval, Mishna Brurah 308:13</ref> However, if one picked it up in a forbidden way or one has an absolute [[Muktzeh]] item in one’s hand, then one should drop it. <ref>Mishna Brurah 308:13 </ref>
# After the mohel finished the milah and needs to put the milah knife down some poskim hold that he should drop it as soon as is possible that wouldn't be dangerous. Ashkenazim hold that he could move it as long as it is still in his hands since he was allowed to pick it up. Sephardim hold it is permitted to move.<ref>Bet Yosef 266:1 cites Rabbenu Yerucham who says that after the milah one could put it away. Darkei Moshe 266:1 quotes the Maharil that one needs to drop it immediately after the milah. Rama 266:2 and Shach (Nekudat Hakesef 266:1) hold like the Rabbenu Yerucham. However, Taz 266:1, Magen Avraham 331:5, and Gra YD 266:3 accept the Maharil. Magen Avraham is lenient while it is still in your hand, while the Gra disagrees with that leniency. Chazon Ovadia v. 3 p. 59 is lenient and writes that such is the minhag even if one put it down. Mishna Brurah 310:15 is strict once you put it down unless one left it in a place that one is afraid that it will be stolen. (Everyone accepts that the milah knife is muktzeh. Pri Megadim M"Z 308:2 writes that a milah knife is a kli shemelachto lisur but if muktzeh mahcmat chisaron kis because you don't want it to get ruined, while the Shach (Nekudat Hakesef 266:1) seems to hold it is fundamentally a kli shemelachto lheter.) </ref>
# If someone has muktzeh in his hands from before Shabbat he should drop it once Shabbat starts.<Ref>Mishna Brurah 266:35 writes that the Gra is strict that once Shabbat starts one has to drop the muktzeh unlike the Rama. Biur Halacha 266:12 s.v. yachol cites the Derech Hachaim who allows it for a kli shemelachto lisur and not for real muktzeh.</ref>


==Unpleasant Situations (Geref Shel Reey)==
===What Drinks Are Included===
# Anything which is disgusting such as feces, a dead mouse, and the like are [[Muktzeh]]. <Ref>Mishna Brurah 308:136 </ref> However, they may be moved (to a garbage) out of a place which are used frequently such as places in one’s house which are used, or path in front of one’s house. <Ref>Shulchan Aruch 308:34, Mishna Brurah 308:130, 131 </ref>
# "Sheichar" in the times of the Talmud referred primarily to date beer, but the general position of the Rishonim is that it applies to grain based beer, as well. Some are lenient and that seems to have been the custom in Ashkenaz, so Ashkenazim can rely on the Mordechai and Rama who hold that it is specifically date beer.<ref>Tosafot Avodah Zarah 31b s.v. utravayhu, Mordechai Avodah Zarah 819, Rama Yoreh Deah 114:1, Bach Yoreh Deah 114 who recommends being strict not to have any beer with non-Jews. Zivchei Tzedek 114:1, Kaf HaChaim Yoreh Deah 114:1</ref>  Sephardim are stringent.<ref>Shulchan Aruch Yoreh Deah 114:1, Zivchei Tzedek 114:8, Kaf HaChaim Yoreh Deah 114:11. See Darkei Teshvuah 114:5 for some further explanations of the Rama.</ref>
# A disgusting item may not be returned to the house. <Ref>S”A 308:35 </ref>
# Similarly, a honey drink is included in the prohibition according to the strict opinion.<ref>Shulchan Aruch and Rama Yoreh Deah 114:1. See Pri Chadash Yoreh Deah 114:1 and Pri Toar 114:1 who debate whether or not this gezerah is static or dynamic, respectively. i.e. are the examples set in stone (according to the Pri Chadash) or is there room for the gezerah's reach to expand and include or exclude additional drinks depending on cultural norms (Pri Toar, according to [https://www.yutorah.org/lectures/lecture.cfm/895256/rabbi-dovid-cohen-crc-/alcoholic-beverages-2-siman-114-sif-1b-drinking-in-a-non-jew-s-bar-or-home-source-of-the-prohibition-which-locations-which-beverages-/ Rav Dovid Cohen]’s interpretation). See Mizmor leDavid ad loc who argues that since the whole din is at most MiDeRabbanan and has some fundamental aspects as a "minhag," meaning it was never proscribed by Beit Din, there's a lot of room to employ the axiom of Safek DeRabbanan lekullah.</ref>
# Something which is disgusting in a place that’s not used frequently may not be moved and in cases of loss one may sit in that place so that it’ll be disgusting and will require one to remove it. <Ref>S”A 308:34 and 37, Mishna Brurah 308:131. </ref>
# Drinks that are uncommon are not included in this prohibition.<ref>Rambam Hilchot Maachalot Assurot 17:11 (Kesef Mishneh ad loc adds that they’re not called Sheichar), Tosafot Avodah Zarah 31b, Talmidei Rabbeinu Yonah, Rosh Avodah Zarah 2:16, Mordechai Avodah Zarah 819, Torat HaBayit 5:1, Tur and Shulchan Aruch Yoreh Deah 114:3</ref> According to some, anything not common in the times of Chazal can not be added later to the prohibition, even if it becomes more common.<ref>Pri Toar 114:3, Zivchei Tzedek 114:14, Kaf HaChaim Yoreh Deah 114:17</ref>
# Something which is not so disgusting but unpleasant such as having a bad smell is not [[Muktzeh]]. <Ref> Shulchan Aruch 310:1, Mishna Brurah 310:1 </ref>
# Additionally, expensive alcoholic drinks, such as rum, porter, and cognac are excluded according to some. Despite their ability to engender feelings of closeness, they're not common enough to be included in the gezerah.<ref>Aruch HaShulchan Yoreh Deah 114:11, Darkei Teshuvah 114:7</ref>
# In the first place, one may not make a situation which is disgusting which will need to be removed, however after the fact, the disgusting item may be removed. <Ref>Shulchan Aruch 308:36 writes that one should make a disgusting object in order to remove it from the house, and Mishna Brurah 308:139 explains that one shouldn’t make a disgusting item (which will need to be removed) irrelevant of one’s intent. </ref>
# Spirits with high alcohol per volume are also excluded, as it's unusual to have more than a couple of shots, which wouldn't be called "keviut." Drinking more than that is abnormal and someone who does drink excessively is not considered to be a "Bar Da'at,"<ref>Pri Toar 114:1, Darkei Teshuva 114:1, Zivchei Tzedek 114:2 (where for some reason this is quoted incorrectly) and 114:11.</ref> so it's not conducive to generating feelings of closeness.<ref>Aruch HaShulchan Yoreh Deah 114:11, Darkei Teshuvah 114:6</ref>
# A container for going to the bathroom such as a child’s potty is muktzeh after the goes to the bathroom in it. It can be emptied out because it is disgusting but it can’t be returned unless some water is placed in it.<ref>Beitzah 36b, Shulchan Aruch 308:35. Bet Yosef 308:35 cites the Mahari Avuhav who was bothered how adding water helps since placing something permitted on something muktzeh doesn’t help except for a corpse. Mishna Brurah 308:135 explains that the container for waste is muktzeh like a rock since it can’t be used for anything while it is disgusting. Chazon Ish 48:10 argues that the entire concept of placing in water is a unique gezerah and has nothing to do with muktzeh.</ref>
# With all this in mind, quite a few poskim disagree with the Rama and urge one to be stringent anyway.<ref>Pri Chadash Yoreh Deah 114:6 states the Rama is wrong entirely, Chochmat Adam 66:14 recommends being stringent, Kaf HaChaim 114:10. </ref>
# Regardless, at Non-Jewish Parties it's all prohibited according to some.<ref>Pri Toar 114:1</ref> Others disagree.<ref>Rav Tehrani in Ben Yisrael Lnochri p. 324 and Mechon  Hameor fn. 2 to Pri Toar 114:1</ref>
# Many poskim write how coffee shops are included in the gezerah, so one would not be allowed to drink coffee or hot chocolate purchased in a coffee shop. Rather, he should walk outside to drink it.<ref>Erech Lechem Yoreh Deah 114:1 writes how in Egypt coffee should not be drunk where it is sold due to this concern of intermarriage, and because sitting in the coffee shop is a violation of Moshav Letzim. Yad Ephraim ad loc quotes the Yaavetz as saying the same, and the Sama in his Hagahot ad loc notes how the Vaad Arba Aratzot also prohibited it. On the other hand, the Pri Chadash Yoreh Deah 114:6 writes how if one is lenient on defining sheichar, then coffee in a coffee shop would not be an issue. This is echoed by the Maharit in his Be'er Heitev, but the Pitchei Teshuvah Yoreh Deah 114:1 quotes his grandfather the Panim Meirot as being strict (because Goyim invite each other over coffee). He also cites the aforementioned Yaavetz who argues to be lenient. In Pitchei Teshuva 122:4 he quotes a Noda BeYehudah who raises concerns of the constant use of the coffee utensils in the shop as a lack of opportunity to apply "Stam Kelim Bnei Yoman," thereby leaving the taste absorbed in the utensils prohibited always. Those who are lenient are worthy of rebuke. The Chochmat Adam 66:14 admits that coffee in a coffeehouse really is ok, but in our disastrous situation, people drink coffee with Chalav Akum, which is a real prohibition, and it also leads them to promiscuity with non-Jews, so those who are associated even slightly with Torah should stay away. See the Star-K’s article [https://www.star-k.org/articles/kashrus-kurrents/6017/when-you-can-drink-and-drive-the-halachic-implications-of-drinking-coffee-on-the-road/ WHEN YOU CAN DRINK AND DRIVE: THE HALACHIC IMPLICATIONS OF DRINKING COFFEE ON THE ROAD] for more on this topic.
Darkei Teshuvah 114:2 and Kaf HaChaim Yoreh Deah 114:12 cite the aforementioned sources. Zivchei Tzedek 114:9 testifies that we assume like the Pri Chadash that it's not included and that the custom in Baghdad is to be lenient. The Pri Toar's point about parties is well taken, and it must be that the custom in Baghad is rooted in Darkei Shalom and preventing Eivah, as the coffeehouse is a venue of honoring one another. (Kaf HaChaim Yoreh Deah 114:14) Rav Hershel Schachter accepts the stringency of the Chochmat Adam but admits that if it is uncommon to socialize with strangers in coffee shops, there is room to be lenient.</ref> Yet, the majority of poskim are lenient and the minhag is to be lenient.<ref>According to the Rama 114:1 obviously it is permitted since it isn’t date beer. Furthermore, even according to Shulchan Aruch, the Pri Chadash 114:6 writes that coffee isn’t a beer at all and is obviously permitted. Furthermore, the coffee is nullified in the water like it is in hilchot brachot. Maharit cited by Pitchei Teshuva 114:1 agrees. Chelkat Binyamin 114:22 cites the Gra and Pri Chadash as holding coffee isn’t included in sechar akum unlike the stringency of the Chaye Adam who advises against it.</ref>
====Potential Contamination====
# It should be noted that in a location where people are lax in their observance of the prohibition of Stam Yeynam, even sheichar is prohibited.<ref>The Gemara (Avodah Zarah 31b) tells how Rav Shmuel bar Bisna went to a place called Margoan and didn't drink their wine or their sheichar because of "shimtza" and "shimtza deshimtza." Rashi ad loc interprets Margoan as a place where Jews weren't so careful with Stem Yaynam and Shimtza as wine mixed in. The Ritva ad loc argues that it was a Non-Jewish place, and that they sent him a present. The Rif and Rosh omit this din altogether. Meanwhile, the Rashba writes like Rashi in Torat HaBayit HaAroch 5:1 and that it's a stringency that a Baal Nefesh should accept upon himself; however, in Torat HaBayit HaKatzar he writes that it's prohibited unequivocally. The Tur Yoreh Deah 114:2 only brings the Rashba's opinion from the Katzar (he didn't have the Aroch), and the Beit Yosef ad loc fills in the Aroch. See Perishah Yoreh Deah 114:2 and Bach Kuntres Acharon ad loc for a discussion regarding why the Tur chose to include a Halacha about Stam Yeynam here next to Sheichar Akum, since it's seemingly unrelated. Shach Yoreh Deah 114:4 cites both. In Shulchan Aruch Yoreh Deah 114:2 he copies the unequivocally prohibited articulation.</ref>
# Some remain lenient by Sheichar where the injunction of Stam Yeyanm is derelict, if the majority of the population consists of non-Jews, as long as one is purchasing from a Non-Jewish vendor.<ref>The Maharshal is quoted as saying that the whole issue is irrelevant nowadays because it's so commonplace to be lax,  so it should be permitted to drink the beverage outside the Goy's home. The Bach, however, argues that the Maharshal's reasoning does not obviate the concern for wine mixed in. Instead he interprets the Gezerah as enacted only in a place with a majority of Jews in the population, but, if the majority are non-Jews, one may purchase from the non-Jews but not the Jews who are suspect. On the other hand, Taz Yoreh Deah 114:3 contends Maharshal means that where it's widespread, not drinking sheichar won't mean anything for people because they won't know what to be distanced from. Shach Yoreh Deah 114:4, Pri Chadash Yoreh Deah 114:7, Zivchei Tzedek 114:13, and Kaf HaChaim 114:16 side with the Bach on this.</ref>
# Some say that if there's no concern for wine being mixed in through negligence, then one can be lenient.<ref>Pri Toar 114:2 considers that in Margoan they weren't careful with the storage of the Sheichar and there was a real chance that wine was mixed in in their negligence. Therefore, if that is not the case one can be lenient, against the Shulchan Aruch's ruling. See Darkei Teshuvah 114:9 who is willing to consider this as part of a multifaceted leniency. </ref>


==Mistaken Muktzeh==
===Where===
# If someone thought that something wasn’t edible before Shabbat and then on Shabbat he realized that he was incorrect and it was edible before Shabbat it isn’t muktzeh.<ref>Gemara Beitzah 26b establishes that if someone didn’t realize that something was edible and useable for Shabbat and thought it was muktzeh and in fact he was mistaken the halacha is that it isn’t muktzeh. Shulchan Aruch 310:4 codifies this as the halacha.</ref> Some permit this only when one anticipated the food to become edible at some point.<ref>Rashi Beitzah 26b s.v. muter, Mishna Brurah 310:17</ref>  
# The Gemara tells how one Amora would take the sheichar out the door of the non-Jew's home in order to drink it, while a different Amora would go all the way back home.<ref>Avodah Zarah 31b.</ref> At that point, the concern for intermarriage no longer applies.<ref>Rif, Rabbeinu Chananel, Ramban, Talmidei Rabbeinu Yonah, Rosh 2:15, Ran, and Tosafot Rid ad loc, Beit Yosef Yoreh Deah 114:1</ref> In practice, one can be lenient and drink once he has fully exited the place of sale, but there is definitely room to follow the second opinion either due to interest in being stringent or because the Halacha follows it.<ref>Most authorities (Rif, Tosafot, Rashba) argue that the second Amora was only acting stringently on himself, but the Rambam (Maachalot Assurot 17:10) took him more seriously and holds like him. Shulchan Aruch Yoreh Deah 114:1 presents the language of the Rambam, but Pri Chadash Yoreh Deah 114:3 and Darkei Teshuva 114:3 disagree. In the Pri Chadash's view, the second, more stringent Amora only went all the way home because he was a regular. A person who doesn't go regularly can even drink in the doorway of the place of sale. Mizmor leDavid (Pardo, ad loc.), Chochmat Adam 66:14, Aruch HaShulchan Yoreh Deah 114:10, and Zivchei Tzedek 114:3 argue back in favor of Shulchan Aruch's ruling and note that the Rama doesn't even disagree. However, the Shulchan Gavoah interprets Rambam and, by extension, Shulchan Aruch to not be literal in their insistence on going all the way home.</ref>
## For example, if someone thought that his animals were outside of the techum before Shabbat and in fact they were in the techum some hold that they are permitted<ref>Chazon Ish 49:13, Byitzchak Yikareh 310:17. There is a proof that this is permitted from the Ritva Shabbat 45a s.v. amar that if a person put seeds in the ground and assumed that they took root if in fact they didn’t they aren’t muktzeh.</ref>, while others hold that they are muktzeh.<ref>Biur Halacha 498:3 s.v. im cited by Dirshu 310:25. See Rosh Yosef Beitzah 26b who seems to agree with Biur Halacha and Rashi unlike the Levush he quotes which is like the Chazon Ish.</ref>
# Therefore, even in a kosher restaurant, if it's owned by a non-Jew, a Sephardi<ref>see the leniency for Ashkenazim above</ref> may not have a beer at the bar; rather, he must take it and sit down at a table in the other room.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/895256/rabbi-dovid-cohen-crc-/alcoholic-beverages-2-siman-114-sif-1b-drinking-in-a-non-jew-s-bar-or-home-source-of-the-prohibition-which-locations-which-beverages-/ R' Dovid Cohen (cRc)]</ref>
# If someone thought that something was muktzeh because it was forbidden and it came out that it was in fact permitted some hold that it is muktzeh since he didn’t prepare it and intentionally thought it was forbidden.<ref>Pri Megadim E”A 498:9 writes that if you thought something was forbidden and it came out that it wasn’t then in fact it is muktzeh.</ref> Most other poskim hold that it is permitted.<ref> Chazon Ish OC 49:13 writes if you have intention that something should be muktzeh because it is forbidden when in fact it is permitted that it is indeed not muktzeh. His proof is Tosfot Sukkah 10b s.v. ad that all muktzeh because of the previous day when it is practically forbidden during ben hashemashot isn’t muktzeh. (Note that Mishna Brurah 310:17 is premised on Rashi Beitzah and Tosfot Sukkah is also in disagreement with Rashi.) Rav Shlomo Zalman Auerbach in Shemirat Shabbat Khilchata ch. 22 fnt. 32 and Rav Nevinsal in Byitzchak Yikareh 310:17 agree.</ref>
# One who is staying overnight in a non-Jews home (such as in an inn or hotel), and one who is hosting the non-Jew in his home, however, can be lenient, because of Eivah. The prohibition preventing intermarriage applies only in the context of a drinking party in the store or regularly in the non-Jew's home.<ref>Sefer HaTerumah 158, Tosfot Avodah Zarah 31b s.v. Utravayhu, Talmidei Rabbeinu Yonah and Ritva ad loc, Ohr Zarua Avodah Zarah 163, Rosh Avodah Zarah 2:15 adds that "Gedolei Eretz HaEey (England) were lenient, Mordechai Avodah Zarah 819, Hagahot Maimoniot, Tur and Shulchan Aruch Yoreh Deah 114:1, Kenesset HaGedolah Hagahot Beit Yosef 114:10, Zivchei Tzedek 114:6-7, Kaf HaChaim Yoreh Deah 114:7</ref>
# If someone thought that something was permitted and non-muktzeh and on Shabbat he realized that in fact it was muktzeh many hold that it is indeed muktzeh, others holds it isn’t muktzeh.<Ref>Dirshu 310:25 quotes Rav Shlomo Zalman Auerbach in Minchat Shlomo 1:62:11 and Shemirat Shabbat Khilchata ch. 22 fnt. 31 that it is forbidden but the Tosfot Rid Beitzah 31b permits it.</ref>
# In other words, if one is participating in a fashion which is both "aray" (informal, unestablished) and "akrai" (seldom, three or fewer times), it is permissible. Meaning, drinking in an established fashion ("keva" instead of "aray") even once is a problem, and more than three times (ragil) even informally (be'akrai) are still problematic.
## If someone has intention to use a book or newspaper which is forbidden to read always or if it is forbidden to read on Shabbat, for them it isn’t muktzeh.<ref>Tiltulei Shabbat p. 138 fnt. 10 quotes Rav Moshe Feinstein as holding that if someone has intention to use a muktzeh machmat isur and violate the isur it isn’t muktzeh. This is relevant to business newspapers or inappropriate books which are forbidden to read. He also cites Rav Shlomo Zalman Auerbach as holding it isn’t muktzeh but limiting it to him but for others it would be muktzeh.</ref>
# One may also send someone to bring him Sheichar from a non-Jew in the city and drink it bederech keva in his own home.<ref>Shulchan Aruch Yoreh Deah 114:1, Kaf HaChaim Yoreh Deah 114:8</ref>
# See page on [[Marit Ayin/Suspicious actions|Marit Ayin]] for relevant halachot in these situations.
 
==Attending Parties With Non-Jews==
 
#Most say that one is not allowed to drink any alcohol or eat any food at a party provided that there are more non-Jews than Jews at his table or immediate social group at the party.<ref>Gemara Avoda Zara 8a, Rambam Ma'achalot Asurot 17:9-10</ref>
# In order to maintain peaceful relationships with non-Jews some say that one is allowed to attend and eat at the party of a non-Jew, if the food is kosher.<ref>Levush Yoreh Deah 152:1</ref> Some hold that if necessary one may attend but not eat.<ref>Mishna Halachos 7:118 writes that one is allowed to attend if necessary, but one is forbidden from eating at the social event.</ref>  
# The prohibition also applies to a case where there are an equal amount of Jews and non-Jews.<ref>Pri Chadash 114:1</ref> Where there are more Jews than non-Jews in one's social group or table at a party, the prohibitions do not apply.<ref>Rambam Ma'achalot Asurot 17:9-10</ref>
#If there is no wine or beer present, some hold that one may attend a party with more non-Jews than Jews at his table or immediate social group, and he may eat (kosher food) and drink other beverages. <ref>Ben Yisroel Lenochri pg. 324 according to his interpretation of Rambam Maachalot Asurot 17:9-10.</ref> Some hold one would still not be able to eat or drink other beverages in such a case. <ref>Lechem Mishna on the Rambam Maachalot Asurot 17:9-10, Pri Chadash 114:101 according to his interpretation of Rambam Maachalot Asurot 17:9-10.</ref>
#It is forbidden to do a parlor meeting in a non-Jew's house because it is like having a party with non-Jews at their house.<ref>Igrot Moshe YD 2:117</ref>  
# It isn't proper to honor a non-Jew at a fundraising banquet if doing so will generate donations.<ref>Igrot Moshe YD 2:117 explains that it is a problem to accept donations that were given because of the non-Jew since that would constitute a chilul Hashem since it is public. It would only be permitted if the institution couldn't support itself at all unless it did this. Even so it is improper to honor the non-Jew for the fundraiser even if there is a way to permit it.</ref>
 
==Attending Office Parties==
 
#Most hold one is allowed to attend office parties,<ref>[https://www.torahmusings.com/2013/12/bars-and-office-parties-in-jewish-law-ii/#fn-19570-42 Rabbi J. David Bleich] holds that if one was invited to the office party then he would be allowed to go.</ref> but preferably only for business purposes (ex. to receive a salary bonus).<ref>Rabbi Baruch Chaim Hirschfeld, cited in Rabbi Yerachmiel Dweck’s article ''Beiur Inyan Mesibot Shel Goyim'' in ''Yismach Yisrael'' 3, Shevat 5771. Rabbi Hirschfeld argues that the decree does not apply to attending parties for  business purposes because it was only decreed to create social distance (cited in Rabbi Jonathan Ziring's article [https://www.torahmusings.com/2013/12/bars-and-office-parties-in-jewish-law-ii/#fn-19570-47 ''Bars and Office Parties in Jewish Law II''  in Torah Musings]).</ref> Many who are lenient in regard to attending office parties still say that one should not remain at the party for too long.<ref>[https://www.torahmusings.com/2013/12/bars-and-office-parties-in-jewish-law-ii/#fnref-19570-32 Rabbi Hershel Schachter], [https://torah.org/torah-portion/weekly-halacha-5767-miketz/ Rabbi Doniel Neustadt]</ref> Some, however, are strict about attending office parties and say that one may not attend the parties altogether.<ref>Shut Mishne Halachot 7:118</ref>
#One should not attend an office party that has a sign up sheet (or the like) as opposed to a formal invitation.<ref> [https://www.torahmusings.com/2013/12/bars-and-office-parties-in-jewish-law-ii/#fn-19570-42 Rabbi J. David Bleich] explained that one should not attend an office party with a signup sheet. The reason for this is because a signup sheet indicates that attendance to the holiday party is completely optional and, therefore, not attending will not cause one to lose out from a business perspective.</ref>
#If there is no Avodah Zara present, attending office holiday parties has the same considerations as other office parties.<ref>[https://torah.org/torah-portion/weekly-halacha-5767-miketz/ Rabbi Doniel Neustadt]</ref>
 
==Attending Non-Jewish Weddings==
 
#One is forbidden from eating and drinking at a non-Jewish wedding even if one brings their own food to the wedding.<ref>Avoda Zara 8a, The gemara explains that the issue of eating and drinking at the wedding of a non-Jew is that one will come to do Avoda Zara. </ref><ref>Shulchan Aruch Y.D. 152:1, The Shulchan Aruch implies that one is allowed to attend the wedding as long as one does not eat or drink at the wedding.</ref><ref>Derisha 152:1, The Derisha suggests that there may be a heter to attend (but not eat at the wedding of a non-Jew) in order to ensure that there is no ill will or hatred that develops between Jews and non-Jews. </ref> Some, however, say that it is forbidden to even attend the wedding of a non-Jew even if one does not intend to eat the food there.<ref>Ben Yisrael Lenachri 152:1, There is a discussion in the rishonim whether one can go to a non-Jewish wedding and not eat or if one is forbidden from attending the wedding whether one intends to eat or not. The Taz 152:1 implies that it is forbidden to attend the non-Jewish wedding even if one does not intend to eat at the wedding. </ref>
#Some say that eating and drinking at the wedding of a Muslim is allowed.<ref>Yabia Omer Section 10, Yoreh Deah 13, Rav Ovadia argues that since Muslims are not idol worshipers the prohibition of eating and drinking at a non-Jewish wedding does not apply to Muslim weddings. </ref> Others argue that attending the wedding of any non-Jew, even if the non-Jew is a Muslim, is forbidden.<ref>Shut Chessed L'Avraham 14:26 pg. 127a, Darkei Teshuva 114:1, Ben Yisrael Lenachri pg. 398. According to view that it is forbidden to eat and drink at the wedding of a Muslim, the issue of eating and drinking at the wedding of a non-Jew is that it will lead to intermarriage. Therefore, it is still an issue to eat and drink at the wedding of a muslim as this practice may lead to intermarriage. </ref>
 
==Links==
# For contemporary applications of some of these issues, including the views of Rav Yisroel Belsky and Rav Hershel Schachter, see [https://oukosher.org/blog/kosher-in-the-factory/coffee/ Coffee] and [https://oukosher.org/blog/kosher-professionals/drinking-coffee-on-the-road-2/ Drinking Coffee on the Road].
#[https://www.yutorah.org/sidebar/lecture.cfm/878315/rabbi-yoni-levin/meeting-for-coffee-at-starbucks-social-drinking-with-co-workers/ Shiur from Rabbi Yoni Levin]
#[https://www.torahmusings.com/2013/12/bars-and-office-parties-in-jewish-law-ii/#fn-19570-42 Article by Rabbi Jonathan Ziring in ''Torah Musings'']
#[https://torah.org/torah-portion/weekly-halacha-5767-miketz/ Article by Rabbi Doniel Neustadt]


==Sources==
==Sources==
<references/>
<references />
[[Category:Shabbat]]
[[Category:Interactions with Non-Jews]]
[[Category:Muktzeh]]

Latest revision as of 21:30, 21 August 2024

Drinking in a Non-Jewish Store or House

In order to keep the Jewish people at a distance from non-Jews in a venue in which they could become too well acquainted and arrive at intermarriage, the Chachamim prohibited drinking "Sheichar" of non-Jews.[1] Some say this was a takkanah or middat chassidut adopted by the later Amoraim.[2]

What Drinks Are Included

  1. "Sheichar" in the times of the Talmud referred primarily to date beer, but the general position of the Rishonim is that it applies to grain based beer, as well. Some are lenient and that seems to have been the custom in Ashkenaz, so Ashkenazim can rely on the Mordechai and Rama who hold that it is specifically date beer.[3] Sephardim are stringent.[4]
  2. Similarly, a honey drink is included in the prohibition according to the strict opinion.[5]
  3. Drinks that are uncommon are not included in this prohibition.[6] According to some, anything not common in the times of Chazal can not be added later to the prohibition, even if it becomes more common.[7]
  4. Additionally, expensive alcoholic drinks, such as rum, porter, and cognac are excluded according to some. Despite their ability to engender feelings of closeness, they're not common enough to be included in the gezerah.[8]
  5. Spirits with high alcohol per volume are also excluded, as it's unusual to have more than a couple of shots, which wouldn't be called "keviut." Drinking more than that is abnormal and someone who does drink excessively is not considered to be a "Bar Da'at,"[9] so it's not conducive to generating feelings of closeness.[10]
  6. With all this in mind, quite a few poskim disagree with the Rama and urge one to be stringent anyway.[11]
  7. Regardless, at Non-Jewish Parties it's all prohibited according to some.[12] Others disagree.[13]
  8. Many poskim write how coffee shops are included in the gezerah, so one would not be allowed to drink coffee or hot chocolate purchased in a coffee shop. Rather, he should walk outside to drink it.[14] Yet, the majority of poskim are lenient and the minhag is to be lenient.[15]

Potential Contamination

  1. It should be noted that in a location where people are lax in their observance of the prohibition of Stam Yeynam, even sheichar is prohibited.[16]
  2. Some remain lenient by Sheichar where the injunction of Stam Yeyanm is derelict, if the majority of the population consists of non-Jews, as long as one is purchasing from a Non-Jewish vendor.[17]
  3. Some say that if there's no concern for wine being mixed in through negligence, then one can be lenient.[18]

Where

  1. The Gemara tells how one Amora would take the sheichar out the door of the non-Jew's home in order to drink it, while a different Amora would go all the way back home.[19] At that point, the concern for intermarriage no longer applies.[20] In practice, one can be lenient and drink once he has fully exited the place of sale, but there is definitely room to follow the second opinion either due to interest in being stringent or because the Halacha follows it.[21]
  2. Therefore, even in a kosher restaurant, if it's owned by a non-Jew, a Sephardi[22] may not have a beer at the bar; rather, he must take it and sit down at a table in the other room.[23]
  3. One who is staying overnight in a non-Jews home (such as in an inn or hotel), and one who is hosting the non-Jew in his home, however, can be lenient, because of Eivah. The prohibition preventing intermarriage applies only in the context of a drinking party in the store or regularly in the non-Jew's home.[24]
  4. In other words, if one is participating in a fashion which is both "aray" (informal, unestablished) and "akrai" (seldom, three or fewer times), it is permissible. Meaning, drinking in an established fashion ("keva" instead of "aray") even once is a problem, and more than three times (ragil) even informally (be'akrai) are still problematic.
  5. One may also send someone to bring him Sheichar from a non-Jew in the city and drink it bederech keva in his own home.[25]
  6. See page on Marit Ayin for relevant halachot in these situations.

Attending Parties With Non-Jews

  1. Most say that one is not allowed to drink any alcohol or eat any food at a party provided that there are more non-Jews than Jews at his table or immediate social group at the party.[26]
  2. In order to maintain peaceful relationships with non-Jews some say that one is allowed to attend and eat at the party of a non-Jew, if the food is kosher.[27] Some hold that if necessary one may attend but not eat.[28]
  3. The prohibition also applies to a case where there are an equal amount of Jews and non-Jews.[29] Where there are more Jews than non-Jews in one's social group or table at a party, the prohibitions do not apply.[30]
  4. If there is no wine or beer present, some hold that one may attend a party with more non-Jews than Jews at his table or immediate social group, and he may eat (kosher food) and drink other beverages. [31] Some hold one would still not be able to eat or drink other beverages in such a case. [32]
  5. It is forbidden to do a parlor meeting in a non-Jew's house because it is like having a party with non-Jews at their house.[33]
  6. It isn't proper to honor a non-Jew at a fundraising banquet if doing so will generate donations.[34]

Attending Office Parties

  1. Most hold one is allowed to attend office parties,[35] but preferably only for business purposes (ex. to receive a salary bonus).[36] Many who are lenient in regard to attending office parties still say that one should not remain at the party for too long.[37] Some, however, are strict about attending office parties and say that one may not attend the parties altogether.[38]
  2. One should not attend an office party that has a sign up sheet (or the like) as opposed to a formal invitation.[39]
  3. If there is no Avodah Zara present, attending office holiday parties has the same considerations as other office parties.[40]

Attending Non-Jewish Weddings

  1. One is forbidden from eating and drinking at a non-Jewish wedding even if one brings their own food to the wedding.[41][42][43] Some, however, say that it is forbidden to even attend the wedding of a non-Jew even if one does not intend to eat the food there.[44]
  2. Some say that eating and drinking at the wedding of a Muslim is allowed.[45] Others argue that attending the wedding of any non-Jew, even if the non-Jew is a Muslim, is forbidden.[46]

Links

  1. For contemporary applications of some of these issues, including the views of Rav Yisroel Belsky and Rav Hershel Schachter, see Coffee and Drinking Coffee on the Road.
  2. Shiur from Rabbi Yoni Levin
  3. Article by Rabbi Jonathan Ziring in Torah Musings
  4. Article by Rabbi Doniel Neustadt

Sources

  1. ↑ Avodah Zarah 31b
  2. ↑ Two slightly different articulations of Rabbeinu Tam’s view as quoted by various Rishonim such as Sefer HaYashar Chiddushim 621/727, Tosafot Avodah Zarah 31b, Talmidei R' Yonah ad loc, Or Zarua Avodah Zarah 163, Rosh 2:15, Ramban, Ritva, and Ran ad loc, Torat HaBayit 5:1
  3. ↑ Tosafot Avodah Zarah 31b s.v. utravayhu, Mordechai Avodah Zarah 819, Rama Yoreh Deah 114:1, Bach Yoreh Deah 114 who recommends being strict not to have any beer with non-Jews. Zivchei Tzedek 114:1, Kaf HaChaim Yoreh Deah 114:1
  4. ↑ Shulchan Aruch Yoreh Deah 114:1, Zivchei Tzedek 114:8, Kaf HaChaim Yoreh Deah 114:11. See Darkei Teshvuah 114:5 for some further explanations of the Rama.
  5. ↑ Shulchan Aruch and Rama Yoreh Deah 114:1. See Pri Chadash Yoreh Deah 114:1 and Pri Toar 114:1 who debate whether or not this gezerah is static or dynamic, respectively. i.e. are the examples set in stone (according to the Pri Chadash) or is there room for the gezerah's reach to expand and include or exclude additional drinks depending on cultural norms (Pri Toar, according to Rav Dovid Cohen’s interpretation). See Mizmor leDavid ad loc who argues that since the whole din is at most MiDeRabbanan and has some fundamental aspects as a "minhag," meaning it was never proscribed by Beit Din, there's a lot of room to employ the axiom of Safek DeRabbanan lekullah.
  6. ↑ Rambam Hilchot Maachalot Assurot 17:11 (Kesef Mishneh ad loc adds that they’re not called Sheichar), Tosafot Avodah Zarah 31b, Talmidei Rabbeinu Yonah, Rosh Avodah Zarah 2:16, Mordechai Avodah Zarah 819, Torat HaBayit 5:1, Tur and Shulchan Aruch Yoreh Deah 114:3
  7. ↑ Pri Toar 114:3, Zivchei Tzedek 114:14, Kaf HaChaim Yoreh Deah 114:17
  8. ↑ Aruch HaShulchan Yoreh Deah 114:11, Darkei Teshuvah 114:7
  9. ↑ Pri Toar 114:1, Darkei Teshuva 114:1, Zivchei Tzedek 114:2 (where for some reason this is quoted incorrectly) and 114:11.
  10. ↑ Aruch HaShulchan Yoreh Deah 114:11, Darkei Teshuvah 114:6
  11. ↑ Pri Chadash Yoreh Deah 114:6 states the Rama is wrong entirely, Chochmat Adam 66:14 recommends being stringent, Kaf HaChaim 114:10.
  12. ↑ Pri Toar 114:1
  13. ↑ Rav Tehrani in Ben Yisrael Lnochri p. 324 and Mechon Hameor fn. 2 to Pri Toar 114:1
  14. ↑ Erech Lechem Yoreh Deah 114:1 writes how in Egypt coffee should not be drunk where it is sold due to this concern of intermarriage, and because sitting in the coffee shop is a violation of Moshav Letzim. Yad Ephraim ad loc quotes the Yaavetz as saying the same, and the Sama in his Hagahot ad loc notes how the Vaad Arba Aratzot also prohibited it. On the other hand, the Pri Chadash Yoreh Deah 114:6 writes how if one is lenient on defining sheichar, then coffee in a coffee shop would not be an issue. This is echoed by the Maharit in his Be'er Heitev, but the Pitchei Teshuvah Yoreh Deah 114:1 quotes his grandfather the Panim Meirot as being strict (because Goyim invite each other over coffee). He also cites the aforementioned Yaavetz who argues to be lenient. In Pitchei Teshuva 122:4 he quotes a Noda BeYehudah who raises concerns of the constant use of the coffee utensils in the shop as a lack of opportunity to apply "Stam Kelim Bnei Yoman," thereby leaving the taste absorbed in the utensils prohibited always. Those who are lenient are worthy of rebuke. The Chochmat Adam 66:14 admits that coffee in a coffeehouse really is ok, but in our disastrous situation, people drink coffee with Chalav Akum, which is a real prohibition, and it also leads them to promiscuity with non-Jews, so those who are associated even slightly with Torah should stay away. See the Star-K’s article WHEN YOU CAN DRINK AND DRIVE: THE HALACHIC IMPLICATIONS OF DRINKING COFFEE ON THE ROAD for more on this topic. Darkei Teshuvah 114:2 and Kaf HaChaim Yoreh Deah 114:12 cite the aforementioned sources. Zivchei Tzedek 114:9 testifies that we assume like the Pri Chadash that it's not included and that the custom in Baghdad is to be lenient. The Pri Toar's point about parties is well taken, and it must be that the custom in Baghad is rooted in Darkei Shalom and preventing Eivah, as the coffeehouse is a venue of honoring one another. (Kaf HaChaim Yoreh Deah 114:14) Rav Hershel Schachter accepts the stringency of the Chochmat Adam but admits that if it is uncommon to socialize with strangers in coffee shops, there is room to be lenient.
  15. ↑ According to the Rama 114:1 obviously it is permitted since it isn’t date beer. Furthermore, even according to Shulchan Aruch, the Pri Chadash 114:6 writes that coffee isn’t a beer at all and is obviously permitted. Furthermore, the coffee is nullified in the water like it is in hilchot brachot. Maharit cited by Pitchei Teshuva 114:1 agrees. Chelkat Binyamin 114:22 cites the Gra and Pri Chadash as holding coffee isn’t included in sechar akum unlike the stringency of the Chaye Adam who advises against it.
  16. ↑ The Gemara (Avodah Zarah 31b) tells how Rav Shmuel bar Bisna went to a place called Margoan and didn't drink their wine or their sheichar because of "shimtza" and "shimtza deshimtza." Rashi ad loc interprets Margoan as a place where Jews weren't so careful with Stem Yaynam and Shimtza as wine mixed in. The Ritva ad loc argues that it was a Non-Jewish place, and that they sent him a present. The Rif and Rosh omit this din altogether. Meanwhile, the Rashba writes like Rashi in Torat HaBayit HaAroch 5:1 and that it's a stringency that a Baal Nefesh should accept upon himself; however, in Torat HaBayit HaKatzar he writes that it's prohibited unequivocally. The Tur Yoreh Deah 114:2 only brings the Rashba's opinion from the Katzar (he didn't have the Aroch), and the Beit Yosef ad loc fills in the Aroch. See Perishah Yoreh Deah 114:2 and Bach Kuntres Acharon ad loc for a discussion regarding why the Tur chose to include a Halacha about Stam Yeynam here next to Sheichar Akum, since it's seemingly unrelated. Shach Yoreh Deah 114:4 cites both. In Shulchan Aruch Yoreh Deah 114:2 he copies the unequivocally prohibited articulation.
  17. ↑ The Maharshal is quoted as saying that the whole issue is irrelevant nowadays because it's so commonplace to be lax, so it should be permitted to drink the beverage outside the Goy's home. The Bach, however, argues that the Maharshal's reasoning does not obviate the concern for wine mixed in. Instead he interprets the Gezerah as enacted only in a place with a majority of Jews in the population, but, if the majority are non-Jews, one may purchase from the non-Jews but not the Jews who are suspect. On the other hand, Taz Yoreh Deah 114:3 contends Maharshal means that where it's widespread, not drinking sheichar won't mean anything for people because they won't know what to be distanced from. Shach Yoreh Deah 114:4, Pri Chadash Yoreh Deah 114:7, Zivchei Tzedek 114:13, and Kaf HaChaim 114:16 side with the Bach on this.
  18. ↑ Pri Toar 114:2 considers that in Margoan they weren't careful with the storage of the Sheichar and there was a real chance that wine was mixed in in their negligence. Therefore, if that is not the case one can be lenient, against the Shulchan Aruch's ruling. See Darkei Teshuvah 114:9 who is willing to consider this as part of a multifaceted leniency.
  19. ↑ Avodah Zarah 31b.
  20. ↑ Rif, Rabbeinu Chananel, Ramban, Talmidei Rabbeinu Yonah, Rosh 2:15, Ran, and Tosafot Rid ad loc, Beit Yosef Yoreh Deah 114:1
  21. ↑ Most authorities (Rif, Tosafot, Rashba) argue that the second Amora was only acting stringently on himself, but the Rambam (Maachalot Assurot 17:10) took him more seriously and holds like him. Shulchan Aruch Yoreh Deah 114:1 presents the language of the Rambam, but Pri Chadash Yoreh Deah 114:3 and Darkei Teshuva 114:3 disagree. In the Pri Chadash's view, the second, more stringent Amora only went all the way home because he was a regular. A person who doesn't go regularly can even drink in the doorway of the place of sale. Mizmor leDavid (Pardo, ad loc.), Chochmat Adam 66:14, Aruch HaShulchan Yoreh Deah 114:10, and Zivchei Tzedek 114:3 argue back in favor of Shulchan Aruch's ruling and note that the Rama doesn't even disagree. However, the Shulchan Gavoah interprets Rambam and, by extension, Shulchan Aruch to not be literal in their insistence on going all the way home.
  22. ↑ see the leniency for Ashkenazim above
  23. ↑ R' Dovid Cohen (cRc)
  24. ↑ Sefer HaTerumah 158, Tosfot Avodah Zarah 31b s.v. Utravayhu, Talmidei Rabbeinu Yonah and Ritva ad loc, Ohr Zarua Avodah Zarah 163, Rosh Avodah Zarah 2:15 adds that "Gedolei Eretz HaEey (England) were lenient, Mordechai Avodah Zarah 819, Hagahot Maimoniot, Tur and Shulchan Aruch Yoreh Deah 114:1, Kenesset HaGedolah Hagahot Beit Yosef 114:10, Zivchei Tzedek 114:6-7, Kaf HaChaim Yoreh Deah 114:7
  25. ↑ Shulchan Aruch Yoreh Deah 114:1, Kaf HaChaim Yoreh Deah 114:8
  26. ↑ Gemara Avoda Zara 8a, Rambam Ma'achalot Asurot 17:9-10
  27. ↑ Levush Yoreh Deah 152:1
  28. ↑ Mishna Halachos 7:118 writes that one is allowed to attend if necessary, but one is forbidden from eating at the social event.
  29. ↑ Pri Chadash 114:1
  30. ↑ Rambam Ma'achalot Asurot 17:9-10
  31. ↑ Ben Yisroel Lenochri pg. 324 according to his interpretation of Rambam Maachalot Asurot 17:9-10.
  32. ↑ Lechem Mishna on the Rambam Maachalot Asurot 17:9-10, Pri Chadash 114:101 according to his interpretation of Rambam Maachalot Asurot 17:9-10.
  33. ↑ Igrot Moshe YD 2:117
  34. ↑ Igrot Moshe YD 2:117 explains that it is a problem to accept donations that were given because of the non-Jew since that would constitute a chilul Hashem since it is public. It would only be permitted if the institution couldn't support itself at all unless it did this. Even so it is improper to honor the non-Jew for the fundraiser even if there is a way to permit it.
  35. ↑ Rabbi J. David Bleich holds that if one was invited to the office party then he would be allowed to go.
  36. ↑ Rabbi Baruch Chaim Hirschfeld, cited in Rabbi Yerachmiel Dweck’s article Beiur Inyan Mesibot Shel Goyim in Yismach Yisrael 3, Shevat 5771. Rabbi Hirschfeld argues that the decree does not apply to attending parties for business purposes because it was only decreed to create social distance (cited in Rabbi Jonathan Ziring's article Bars and Office Parties in Jewish Law II in Torah Musings).
  37. ↑ Rabbi Hershel Schachter, Rabbi Doniel Neustadt
  38. ↑ Shut Mishne Halachot 7:118
  39. ↑ Rabbi J. David Bleich explained that one should not attend an office party with a signup sheet. The reason for this is because a signup sheet indicates that attendance to the holiday party is completely optional and, therefore, not attending will not cause one to lose out from a business perspective.
  40. ↑ Rabbi Doniel Neustadt
  41. ↑ Avoda Zara 8a, The gemara explains that the issue of eating and drinking at the wedding of a non-Jew is that one will come to do Avoda Zara.
  42. ↑ Shulchan Aruch Y.D. 152:1, The Shulchan Aruch implies that one is allowed to attend the wedding as long as one does not eat or drink at the wedding.
  43. ↑ Derisha 152:1, The Derisha suggests that there may be a heter to attend (but not eat at the wedding of a non-Jew) in order to ensure that there is no ill will or hatred that develops between Jews and non-Jews.
  44. ↑ Ben Yisrael Lenachri 152:1, There is a discussion in the rishonim whether one can go to a non-Jewish wedding and not eat or if one is forbidden from attending the wedding whether one intends to eat or not. The Taz 152:1 implies that it is forbidden to attend the non-Jewish wedding even if one does not intend to eat at the wedding.
  45. ↑ Yabia Omer Section 10, Yoreh Deah 13, Rav Ovadia argues that since Muslims are not idol worshipers the prohibition of eating and drinking at a non-Jewish wedding does not apply to Muslim weddings.
  46. ↑ Shut Chessed L'Avraham 14:26 pg. 127a, Darkei Teshuva 114:1, Ben Yisrael Lenachri pg. 398. According to view that it is forbidden to eat and drink at the wedding of a Muslim, the issue of eating and drinking at the wedding of a non-Jew is that it will lead to intermarriage. Therefore, it is still an issue to eat and drink at the wedding of a muslim as this practice may lead to intermarriage.
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