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Halachot Related to Coronavirus/COVID-19 Pandemic: Difference between revisions
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Halachot Related to Coronavirus/COVID-19 Pandemic (view source)
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==Pesach== | ==Pesach== | ||
===Birchat Ha' | ===[[Birchat Ha'ilanot]]=== | ||
#One can recite | #One can recite [[Birchat Ha'ilanot]] from indoors if one can see the trees but one may not recite them by seeing the trees on a video.<ref>Ateret Paz (Birkat Ilanot) p. 154-6, [http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-28-April-23-2020.pdf Rav Hershel Schachter (Piskei Corona, April 23 2020)]</ref> See the [[Birchat Ha'ilanot]] for more details and sources. | ||
===[[Taanit Bechorot]]=== | ===[[Taanit Bechorot]]=== | ||
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#A person can sell his chametz on the phone or online and if possible a kinyan can be made virtually in order to appoint the rabbi to sell the chametz. The kinyan would take place as follows: the rabbi would ask if there's someone standing next to the one who wants to appoint the rabbi and if there is then that person can give a pen or a utensil to the one who wants to appoint the rabbi as his shaliach. This is considered a valid kinyan between the person standing there and the one who wants to appoint the rabbi on behalf of the rabbi to be appointed. If that isn't feasible it isn't necessary. Nonetheless, one could stipulate in the document that this appointment of the rabbi is done with the full knowledge of its legal ramifications and it is accepted completely.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-1-Mar-24-2020.pdf Rav Hershel Schachter (Teshuva dated 28 Adar 5780 p. 2)], Nefesh Harav p. 179, [https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (min 1-5)] explained that the minhag is to make a kinyan to appoint a someone to sell something for you. This is classically done with a handing of a handkerchief from the rabbi to the one selling chametz. However, when they call on the phone that isn't possible. The Steipler held in such a case it isn't necessary to be careful about that minhag and simply have the person orally declare that he appoints the rabbi. However, Rav Soloveitchik felt that we should try to fulfill the minhag in any event. How can it be fulfilled? One can have someone standing in the room next to the person on the phone give something to the person on the phone on behalf of the rabbi. That is an effective halachic kinyan on behalf of the rabbi (see Kiddushin 7a). [https://www.torahanytime.com/#/lectures?v=106099 Rav Shmuel Fuerst (min 10)] explained that one can appoint the rabbi to sell his chametz online. Rav Asher Weiss (Minchat Asher Corona p. 66) agrees. [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal] allowed appointing the rabbi online if he is a talmid chacham.</ref> | #A person can sell his chametz on the phone or online and if possible a kinyan can be made virtually in order to appoint the rabbi to sell the chametz. The kinyan would take place as follows: the rabbi would ask if there's someone standing next to the one who wants to appoint the rabbi and if there is then that person can give a pen or a utensil to the one who wants to appoint the rabbi as his shaliach. This is considered a valid kinyan between the person standing there and the one who wants to appoint the rabbi on behalf of the rabbi to be appointed. If that isn't feasible it isn't necessary. Nonetheless, one could stipulate in the document that this appointment of the rabbi is done with the full knowledge of its legal ramifications and it is accepted completely.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-1-Mar-24-2020.pdf Rav Hershel Schachter (Teshuva dated 28 Adar 5780 p. 2)], Nefesh Harav p. 179, [https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (min 1-5)] explained that the minhag is to make a kinyan to appoint a someone to sell something for you. This is classically done with a handing of a handkerchief from the rabbi to the one selling chametz. However, when they call on the phone that isn't possible. The Steipler held in such a case it isn't necessary to be careful about that minhag and simply have the person orally declare that he appoints the rabbi. However, Rav Soloveitchik felt that we should try to fulfill the minhag in any event. How can it be fulfilled? One can have someone standing in the room next to the person on the phone give something to the person on the phone on behalf of the rabbi. That is an effective halachic kinyan on behalf of the rabbi (see Kiddushin 7a). [https://www.torahanytime.com/#/lectures?v=106099 Rav Shmuel Fuerst (min 10)] explained that one can appoint the rabbi to sell his chametz online. Rav Asher Weiss (Minchat Asher Corona p. 66) agrees. [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal] allowed appointing the rabbi online if he is a talmid chacham.</ref> | ||
#There is no issue with the selling of Chametz even though the Chametz is in a locked building or in a place that isn't accessible to the non-Jew because of the coronavirus situation.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950290/rabbi-hershel-schachter/piskei-corona-10-chametz-sheeno-birshuso/ Rav Schachter (Piskei Corona #10)]</ref> | #There is no issue with the selling of Chametz even though the Chametz is in a locked building or in a place that isn't accessible to the non-Jew because of the coronavirus situation.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950290/rabbi-hershel-schachter/piskei-corona-10-chametz-sheeno-birshuso/ Rav Schachter (Piskei Corona #10)]</ref> | ||
#Some poskim allow ordering chametz on Pesach if one is certain that it will only be delivered after | #Some poskim allow ordering chametz on Pesach if one is certain that it will only be delivered after Pesach. If Chametz arrives while it is still Pesach by mistake, one must refuse the delivery.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951179/rabbi-hershel-schachter/piskei-corona-17-ordering-chametz-from-a-non-jew-on-pesach-to-arrive-after-pesach/ Rav Schachter (Piskei Corona #17)] explains that it isn't considered rotzeh bkiyumo, wanting the chametz to continue to exist, to order the chametz since one doesn't insist on any particular box of chametz that the company provides. However, one certainly may not acquire it with a kinyan such as picking it up or moving it. Even if it is delivered into one's property if one has intention not to acquire it, one doesn't acquire it. Yet, one can't even protect it since doing so is an issue of rotzeh bkiyumo. [https://yeshiva-university.zoom.us/rec/play/usAsduuh-283HoLAtASDAPZ9W9S0eq2s0igX-_pez0jkW3EFZFr1M7QRa7Qf9B_vOGt5lyO0vcW9I1-0?startTime=1585760529000&_x_zm_rtaid=CQsocm3ZRaq6pGgFL5OMGQ.1585880286593.75ff95374a21dbfc2f0c45524d508e2a&_x_zm_rhtaid=674 Rav Willig (April 1 2020, min 0-2)] agreed in technical terms.</ref> | ||
===Buying for Pesach=== | ===Buying for Pesach=== | ||
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#Alternatively, one can use tevilat kelim in the mikvah while wearing gloves, then throw out the gloves, wash off the kelim with soap and water. If the community has other procedures for safety one should observe them.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 5-9)], [https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 3-4)]</ref> | #Alternatively, one can use tevilat kelim in the mikvah while wearing gloves, then throw out the gloves, wash off the kelim with soap and water. If the community has other procedures for safety one should observe them.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 5-9)], [https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 3-4)]</ref> | ||
#As a last resort one can avoid tevilat kelim by giving the pots to a non-Jew and borrowing them back. One can rely on this until the virus passes.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 5-9)], [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]. [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal] said that one could rely upon this if there was no other option. [https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 14-16)] allows selling the kelim to a non-Jew. Rav Yosef Tzvi Rimon (teshuva dated Nisan 1 5780) recommended this.</ref> If one can't sell or gift the pots to a non-Jew oneself one can do so online through [https://nirshamti.co.il/e-%D7%98%D7%91%D7%99%D7%9C%D7%94/ Zomet]. | #As a last resort one can avoid tevilat kelim by giving the pots to a non-Jew and borrowing them back. One can rely on this until the virus passes.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 5-9)], [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]. [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal] said that one could rely upon this if there was no other option. [https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 14-16)] allows selling the kelim to a non-Jew. Rav Yosef Tzvi Rimon (teshuva dated Nisan 1 5780) recommended this.</ref> If one can't sell or gift the pots to a non-Jew oneself one can do so online through [https://nirshamti.co.il/e-%D7%98%D7%91%D7%99%D7%9C%D7%94/ Zomet]. | ||
#Another option is for a person to declare the pots that need tevilat kelim to be ownerless (hefker) in front of 3 Jews. One has to have full intent that the pots are ownerless and if someone took them one would have no claim upon them. If these Jews can't be there in person it is sufficient if they are present through social media technology but they should be people who live in the neighborhood. They should then leave the pots outside their house for a few minutes so that if someone wanted to take them they could.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-1-Mar-24-2020.pdf Rav Hershel Schachter (Teshuva dated 28 Adar 5780 p. 1)], [https://itorah.com/daily-halacha/lecture/if-one-has-new-utensils-which-he-is-unable-to-immerse/3801 Rabbi Mansour]</ref> Others disagree.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 5-12)] said that one shouldn't use the solution to make the pots hefker since you're using the kelim. See Sefer Tevilat Kelim p. 84 based on Maharil Diskin. See | #Another option is for a person to declare the pots that need tevilat kelim to be ownerless (hefker) in front of 3 Jews. One has to have full intent that the pots are ownerless and if someone took them one would have no claim upon them. If these Jews can't be there in person it is sufficient if they are present through social media technology but they should be people who live in the neighborhood. They should then leave the pots outside their house for a few minutes so that if someone wanted to take them they could.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-1-Mar-24-2020.pdf Rav Hershel Schachter (Teshuva dated 28 Adar 5780 p. 1)], [https://itorah.com/daily-halacha/lecture/if-one-has-new-utensils-which-he-is-unable-to-immerse/3801 Rabbi Mansour]</ref> Others disagree.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 5-12)] said that one shouldn't use the solution to make the pots hefker since you're using the kelim. See Sefer Tevilat Kelim p. 84 based on Maharil Diskin. See Shulchan Aruch Harav 445:1 that hefker that isn't meaningful since you plan to reacquire it isn't a solution. However, Rav Elyashiv and Rav Soloveitchik allowed it in extenuating circumstances. Rav Asher Weiss (Minchat Asher Corona p. 72) writes that one should avoid using new pots and relying on this leniency to mafkir but in an extenuating circumstance one can rely on it.</ref> | ||
#If there's are no solutions, some poskim would allow using the pots without tevilat kelim in this extenuating circumstance.<ref>Rav Asher Weiss (Teleconference, March 22 2020 11am), Rav Yosef Tzvi Rimon (Teshuva dated Nisan 1 5780)</ref> | #If there's are no solutions, some poskim would allow using the pots without tevilat kelim in this extenuating circumstance.<ref>Rav Asher Weiss (Teleconference, March 22 2020 11am), Rav Yosef Tzvi Rimon (Teshuva dated Nisan 1 5780)</ref> | ||
#Regarding a seder plate and kos shel eliyahu requiring tevilah, see [[Tevilat Kelim]] page. | #Regarding a seder plate and kos shel eliyahu requiring tevilah, see [[Tevilat Kelim]] page. | ||
