Mishloach Manot

From Halachipedia
Revision as of 18:53, 6 February 2012 by YitzchakSultan (talk | contribs) (Text replace - "kezayit" to "Kezayit")

Mishloach Manot

Basic obligation

  1. There’s an obligation to send a gift called Mishloach Manot of two foods to one person on Purim. [1]
  2. Anyone who increases in sending Mishloach Manot is praiseworthy. [2]
    1. Some explain that we’re supposed to give gifts in order to increase friendliness and plant roots of kindness and peace as such is the way of Torah. [3] Others explain that the obligation is meant to supply people with food for the Purim Sueda especially those who are poor and are embarrassed to ask for money. [4]

When should it be done?

  1. Mishloach Manot should be given during the day of purim and not the night. [5]
  2. Preferably, the Mishloach Manot should be done before the Seudah of Purim, but it’s permissible to have a snack prior to fulfilling this mitzvah. [6] Some say that one shouldn’t eat before fulfilling this mitzvah. [7]

What’s called two portions?

  1. One food which is cut in two pieces isn’t considered two foods. [8]
  2. Two food with two different tastes is considered two different foods. [9]

What type of foods?

  1. The food being sent should be cooked or ready to eat, however, some permit even if it’s raw but at least the animal has been slaughtered properly (shechita). [10]
  2. Preferably, one should send Mishloach Manot that are significant according to the wealth of the giver. [11]
  3. If the receiver of the Mishloach Manot is wealthy, it’s proper that the Mishloach Manot be according to his honor. [12]
  4. Preferably, the Mishloach Manot should be enough for a person to make a meal out of it. [13]
  5. If one sends bread it counts as one food and only one other is required. [14]
  6. A filled pastry only counts as one food and another is required. [15]
    1. Deli and Sardines can be used for Mishloach Manot. [16]
  7. If one sent food that is kosher but the receiver doesn’t hold of that hechsher, one fulfills the obligation. [17]
  8. Drinks also satisfy the mitzvah. [18]

Non-foods

  1. One doesn’t fulfill the obligation with anything that’s non-food, such as clothing or cigarettes. [19]
  2. Some say women who send to other women fulfill their obligation by sending clothes. [20]
  3. One doesn’t fulfill the obligation with money. [21]
  4. Additionally, one doesn’t fulfill their obligation by sending Chiddushei Torah. [22]
  5. Some say that one fulfills one’s obligation by sending candies to someone with diabetes or food that the receiver is allergic to, or unhealthy foods to someone on a diet. [23]
  6. One fulfills the mitzvah by sending fruit that grew with Kedushat Shemitta as long as one lets him know that they are Kedushat Shemitta. Similarly, if one received Mishloach Manot from one person, one may return Mishloach Manot to that person with fruit with Kedushat Shemitta and some say that one should only do so after one already fulfilled the mitzvah with giving one other Mishloach Manot. [24]
  7. If one sent a slaughtered bird and it turns out to be Taref one needs to send another food in it’s place. [25]
  8. If one sent Mishloach Manot and it was stolen one should resend the Mishloach Manot. [26]

How the gift is sent

  1. Some say that one should send the Mishloach Manot through a messenger. [27] Many others argue. [28]
  2. One fulfills the obligation by sending the Mishloach Manot through a child or goy. [29]
  3. If the person receiving the gift doesn’t want to accept, one still has fulfilled one’s obligation. [30] However, others argue that one hasn’t fulfilled his obligation. [31]
  4. It’s preferable to give the two portions of Mishloach Manot at once and not one after another. [32]
  5. If one gives Mishloach as a gift which must be returned one doesn’t fulfill one’s obligation. [33]
  6. If one gives Mishloach Manot through an institution and one will pay later, one fulfills the mitzvah. [34]
  7. If one gave the Mishloach Manot and the receiver didn’t know until after purim one didn’t fulfill one’s obligation. [35]

Who is obligated?

  1. Women are obligated to fulfill Mishloach Manot. [36] However, if she’s married she may fulfill her obligation if her husband sends more than one. [37]
  2. If partners or a community send Mishloach Manot together, some say that each partner must contribute the value of 2 portions, whereas others hold that even if altogether the Mishloach Manot is complete, each person fulfilled their obligation. [38]
  3. If a Mishloach Manot is addressed to a group of people such as a family one should make sure that there’s 2 separate foods per person of the group. [39]
  4. A Yeshiva student who receives a portion of food in the cafeteria can fulfill Mishloach Manot by giving it to a friend. [40]

To who is the gift sent?

  1. Some say that one doesn’t fulfill the obligation if someone who celebrate purim of the 14th sends Mishloach Manot to someone celebrating on the 15th and visa versa. [41]

Challah

  1. If one kneads the amount of dough to take Challah even if one plans on separating the dough as long as one isn’t concerned about the pieces touching one another, one should remove Challah without a Bracha. [42]
  2. If one receives a lot of baked goods and put them together in a basket or in the refrigerator one doesn’t have to take Challah as it’s considered as if they have combined. [43]

References

  1. ↑ Gemara Megilah 7a, Rambam (Megilah 2:15), Tur and S”A 695:4
  2. ↑ S”A 695:4
  3. ↑ Rabbi Shlomo Alkabetz (Manot HaLevi pg 208a)
  4. ↑ Sh”t Trumat HaDeshen 111. To see more pilpul about these reasons see Sh”t חתם סופר 196, Katav Sofer 141:2, Sh”t Shevet Sofer 23, Sh”t Binyan Tzion 44, Sh”t Afarkasta DeAniya 25, Sh”t Bet Sharim 385.
  5. ↑ Darkei Moshe 695:7 quotes Mahari Brin (based on the Rosh Megilah 1:6) who says that there’s only an obligation of Mishloach Manot during the day. The Rama codifies this in 695:4. Mishna Brurah 695:22 writes that only one must be given during the day, however, if one wants to give more Mishloach Manot one may give them at night. Chazon Ovadyah (pg 140) holds like the Rama.
  6. ↑ Chazon Ovadyah (pg 135), Sh”t Tzitz Eliezer 15:32
  7. ↑ Halichot Shlomo (Moadim vol 2, 19:9)
  8. ↑ Aruch HaShulchan 695:14, Chazon Ovadyah (purim pg 125)
  9. ↑ Halichot Shlomo 19:12
  10. ↑ Maharil, Magan Avrham 795:11, Eliyah Rabba 695:8, Maaseh Rav (Siman 240), Chaye Adam 155:31, and Aruch HaShulchan 695:15 all hold that one must send a food that’s cooked and ready to eat. However, Pri Chadash 695:4 holds that it’s enough that it’s slaughtered even if it’s raw. Kodeshei David Chassan 695:4, Sh”t Shelat Yacov 61(1), Gefen Poriah (Megilah 7b), Sh”t Shevet Sofer 23, Netsiv in Emek Shelah (Siman 67:9), and Chazon Ovadyah (Purim pg 118) holds like the Pri Chadash. Mishna Brurah 695:20 brings both opinions.
  11. ↑ Sh”t Tzitz Eliezer 8:14:4, Chazon Ovadyah (pg 129)
  12. ↑ Chaye Adam (vol 3, 155:31) quotes the Yerushalmi which implies that to fulfill one’s obligation the Mishloach Manot must be according to the honor of the receiver. However, Biur Halacha (695 D”H Chayav), Halichot Shlomo (pg 336), and Chazon Ovadyah (pg 129) hold that it’s only preferable.
  13. ↑ Aruch HaShulchan 695:15 writes that each portion must be a significant portion that’s respectable and not just a Kezayit. (This is brought in the Piskei Teshuvot 695:18.) Chazon Ovadyah (pg 129) adds that it’s preferable to send the amount that could be used for a meal.
  14. ↑ Chazon Ovadyah (Purim pg 128), Kaf HaChaim 695:42
  15. ↑ Chazon Ovadyah (Purim pg 128)
  16. ↑ Chazon Ovadyah (Purim pg 118), however, Moadim UZmanim (Rav Moshe Shternbach, vol 2 siman 54) has a doubt regarding deli (or foods that can last more than one day).
  17. ↑ Sh”t Kinyan Torah 7:55 writes that one fulfills the obligation even according to the Trumat HaDeshen since he could sell it. Nishmat Avraham 695 quotes Rav Shlomo Zalman who also holds that you fulfill your obligation. Piskei Teshuvot 695:20 writes that if one sends kosher food but the receiver doesn’t eat because of a chumra one fulfills one’s obligation.
  18. ↑ Sh”t Trumat HaDeshen 111, Pri Chadash 695:4 (D”H Katuv BeTrumat), Aruch HaShulchan 695:14, Mishna Brurah 695:20, Chazon Ovadyah (purim pg 124)
  19. ↑ Darkei Moshe 695:7 quotes the Maharil that it’s preferable to send food and not other items. However, the Darkei Moshe also quotes the Sh”t Trumat HaDeshen 111 who writes that one doesn’t fulfill their obligation with anything other than food and drinks. So holds the Eliyah Rabba 695:9, Mishna Brurah 695:20, and Chazon Ovadyah (Purim pg 120) write that only food can be used and not clothing or other things against the Sh”t Halachot Ketonot 163 (quoted by Bear Hetiev 695:9), Nahar Shalom 695:2, and Sh”t Mei Yehuda 86. Similarly, Chazon Ovadyah (Purim pg 120-3), Sh”t Tzitz Eliezer 9:33, and Sh”t Tirosh VeYitzhar 171:4 write that one doesn’t fulfill their obligation with cigarettes. However, Sh”t Divrei Yisrael (Waltz) 1:223 holds that one fulfills their obligation with cigarettes. See also Sh”t Rivivot Efraim 3:473:2
  20. ↑ Sh”t Bet Sharim OC 380 since the gifts that women enjoy nowsdays is clothing, one fulfills their obligation by sending clothing. Sh”t Mishneh Halachot 4:91 (D”H VeTzipiti) also supports this idea. However, Chazon Ovadyah (Purim pg 121), and Sh”t Haychalei Shen (3rd edition, siman 8) argue that in order to fulfill the obligation of sending manot, even for women one must send food and not clothing in order to fulfill one’s obligation.
  21. ↑ Sh”t Trumat HaDeshen 111 writes that such is implied from the Rambam who mentions money by Matanot LeEvyonim but not by Mishloach Manot. However, the Sefer Charedim (Siman 713) and Sh”t Halachot Ketanot 2:163 allow sending money. Sh”t Yachava Daat 6:45, Chazon Ovadyah (Purim pg 120), Maharsham in Daat Torah (Siman 695), Erech HaShulchan (695:2), and Sh”t Shlat Yacov 61 hold like the Trumat HaDeshen.
  22. ↑ Chazon Ovadyah (Purim pg 123), Sh”t Mishneh Halachot 4:91
  23. ↑ Sh”t Yabea Omer (additions) 9:74, Halichot Shlomo 19:11, Piskei Teshuvot 695:20
  24. ↑ Chazon Ovadyah (pg 154), Yalkut Yosef (HaSheviyit pg 423), Halichot Shlomo (vol 2 19:10)
  25. ↑ Chazon Ovadyah (pg 150)
  26. ↑ Yalkut Yosef (Moadim pg 337, Kitzur S”A 694:4(50))
  27. ↑ Sh”t Binyan Tzion 44, Chatom Sofer on Gittin 22b, Mishna Brurah 695:18, Sh”T Yafeh Lelev (vol 2, 695:19)
  28. ↑ Maadeni Shlomo pg 121 writes that the Chazon Ish used to do Mishloach Manot by himself and not a שליח. Chazon Ovadyah (pg 143-5) we he quotes Rav Ezra Attiyah and himself (Rav Ovadyah Yosef) concludes that one doesn’t need to send Mishloach Manot through a שליח. Sh”t Yehuda Yaaleh OC 207, Eshel Avraham 695, Sh”t Nachalat Binyamin 136, Sh”t Elef Lecha Shlomo OC 383, Sh”t Yad HaLevi OC 118 argue on the Binyan Tzion. See Sh”t Yabea Omer 9:71 who writes that one can rely on a שליח to fulfill his mission.
  29. ↑ Chazon Ovadyah (pg 145-6), Mekor Chaim 694, Chatom Sofer (Gittin 22b)
  30. ↑ Rama 695:4
  31. ↑ Chatom Sofer 196, Pri Chadash (quoted by Mishna Brurah 695:23)
  32. ↑ Chida in Kikar LeAden (pg 21b) writes that from the פסוק one must send both portions at once. Chazon Ovadyah (pg 131) writes that preferably one should give both portions together.
  33. ↑ Halichot Shlomo 19:13, Chazon Ovadyah (pg 133), Yalkut Yosef (Kitzur S”A 694:4(4)
  34. ↑ Halichot Shlomo 19:14
  35. ↑ Mikrei Kodesh pg 39, Aruch HaShulchan 696:3
  36. ↑ Rama 695:4 writes that women are obligated in Mishloach Manot against the Pri Chadash (end of 695). The Pri Megadimv (695 A”A 14), Aruch HaShulchan 695:18, Kitzur Shulchan Aruch 142:4, Ben Ish Chai (Parshat Titsaveh #17), Chaye Adam (Vol 3 155:33), Kaf HaChaim 695:53, Mishna Brurah 695:25, and Chazon Ovadyah (pg 140) all hold like the Rama.
  37. ↑ Magan Avraham 695:14 writes some women rely on their husband to send Mishloach Manot for them however he concludes that women should be strict and fulfill the mitzvah themselves. The Magan Avraham is quoted by the achronim including Chaye Adam (Moadim 155:33), Kitzur S”A 142:4, Mishna Brurah 695:25
  38. ↑ Halichot Baytah 24:25 (also quoted in Halichot Shlomo 19:15 and 19:17 pg 337-8) in name of Rav Shlomo Auerbach writes that a women can fulfill her obligation by a joint gift with her husband to someone else if there’s a contribution of 2 Manot per person, whereas Chazon Ovadyah (pg 137-8) writes that it’s sufficient if altogether there’s a proper Mishloach Manot.
  39. ↑ Halichot Shlomo 19:15
  40. ↑ Halichot Shlomo 19:16
  41. ↑ Moadim UZmanim (vol 2 siman 186)
  42. ↑ Halichot Shlomo 19:18
  43. ↑ Halichot Shlomo 19:19
Retrieved from "http://localhost:80/index.php?title=Mishloach_Manot&oldid=4503"