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Mishloach Manot: Difference between revisions
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# It is preferable to give it before eating the Seudat Purim. <Ref> Rav Shlomo Zalman (Halichot Shlomo 19:9) writes that one shouldn’t eat before fulfilling Mishloach Manot because it is like other mitzvot which one may not eat before fulfilling. Moadim UZmanim 2:186 agrees. However, Chazon Ovadyah (pg 135) writes that the implication of the Rambam and S”A who mention Seudat Purim before Mishlaoch Manot is that it is permitted to eat before Mishloach Manot. He adds that it is proper to give it before the meal. Tzitz Eliezer 15:32(15), Az Nidbaru 6:65, and Mishna Halachot 6:122, 7:92 agree. </ref> | # It is preferable to give it before eating the Seudat Purim. <Ref> Rav Shlomo Zalman (Halichot Shlomo 19:9) writes that one shouldn’t eat before fulfilling Mishloach Manot because it is like other mitzvot which one may not eat before fulfilling. Moadim UZmanim 2:186 agrees. However, Chazon Ovadyah (pg 135) writes that the implication of the Rambam and S”A who mention Seudat Purim before Mishlaoch Manot is that it is permitted to eat before Mishloach Manot. He adds that it is proper to give it before the meal. Tzitz Eliezer 15:32(15), Az Nidbaru 6:65, and Mishna Halachot 6:122, 7:92 agree. </ref> | ||
==What’s called two portions?== | ==What’s called two portions?== | ||
# One food which is cut | # To fulfill the obligation of Mishloach Manot, one must give two foods. One food which is cut into two pieces is not considered two foods. <Ref>Aruch HaShulchan 695:14, Chazon Ovadyah (purim pg 125) </ref> | ||
# Two food with two different tastes is considered two different foods. <Ref>Halichot Shlomo 19:12 </ref> | # Two food with two different tastes is considered two different foods. <Ref>Halichot Shlomo 19:12 </ref> | ||
==What type of foods?== | ==What type of foods?== | ||
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# Many say that each food should be something that could serve as a course in a meal. <Ref> Chazon Ovadyah (pg 129-31) learns from Megillah 7b that one should send enough food that could serve as a meal. Aruch HaShulchan 695:15 writes each food should be significant. Similarly, Rabbi Schachter (3/4/09 “Hilchos Purim”, min 56-8) said each food should be something that could serve as a course in a meal or one can invite a guest for a meal. </ref> | # Many say that each food should be something that could serve as a course in a meal. <Ref> Chazon Ovadyah (pg 129-31) learns from Megillah 7b that one should send enough food that could serve as a meal. Aruch HaShulchan 695:15 writes each food should be significant. Similarly, Rabbi Schachter (3/4/09 “Hilchos Purim”, min 56-8) said each food should be something that could serve as a course in a meal or one can invite a guest for a meal. </ref> | ||
# If one sends bread it counts as one food and only one other is required. <Ref> Chazon Ovadyah (Purim pg 128), Kaf HaChaim 695:42 </ref> | # If one sends bread it counts as one food and only one other is required. <Ref> Chazon Ovadyah (Purim pg 128), Kaf HaChaim 695:42 </ref> | ||
# A filled pastry only counts as one food and another is required. <Ref> Chazon Ovadyah (Purim pg 128) </ref> | # A filled pastry only counts as one food, and another food item is required. <Ref> Chazon Ovadyah (Purim pg 128) </ref> | ||
## Deli and Sardines can be used for Mishloach Manot. <Ref> 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). </ref> | ## Deli and Sardines can be used for Mishloach Manot. <Ref> 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). </ref> | ||
# If one sent food that is kosher but the receiver doesn’t hold of that hechsher, one fulfills the obligation. <ref> 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. </ref> | # If one sent food that is kosher but the receiver doesn’t hold of that hechsher, one fulfills the obligation. <ref> 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. </ref> | ||
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# One doesn’t fulfill the obligation with anything that’s non-food, such as clothing or cigarettes. <Ref> 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 </ref> | # One doesn’t fulfill the obligation with anything that’s non-food, such as clothing or cigarettes. <Ref> 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 </ref> | ||
# Some say women who send to other women fulfill their obligation by sending clothes. <Ref> 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. </ref> | # Some say women who send to other women fulfill their obligation by sending clothes. <Ref> 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. </ref> | ||
# One doesn’t fulfill the obligation | # One doesn’t fulfill the obligation by sending money. <Ref> 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. </ref> | ||
# Additionally, one doesn’t fulfill their obligation by sending Chiddushei Torah. <ref> Chazon Ovadyah (Purim pg 123), Sh”t Mishneh Halachot 4:91 </ref> | # Additionally, one doesn’t fulfill their obligation by sending Chiddushei Torah. <ref> Chazon Ovadyah (Purim pg 123), Sh”t Mishneh Halachot 4:91 </ref> | ||
# Some say that one | # Some say that one may fulfill 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. <Ref>Sh”t Yabea Omer (additions) 9:74, Halichot Shlomo 19:11, Piskei Teshuvot 695:20 </ref> | ||
# One fulfills the mitzvah by sending fruit that grew with Kedushat Shemitta as long as one lets | # One fulfills the mitzvah by sending fruit that grew with Kedushat Shemitta as long as one lets the receiver 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. Some say that one should only do so after one already fulfilled the mitzvah with giving one other Mishloach Manot. <Ref>Chazon Ovadyah (pg 154), Yalkut Yosef (HaSheviyit pg 423), Halichot Shlomo (vol 2 19:10) </ref> | ||
# If one sent a slaughtered bird and it turns out to be Taref one needs to send another food in it’s place. <ref>Chazon Ovadyah (pg 150) </ref> | # If one sent a slaughtered bird and it turns out to be Taref one needs to send another food in it’s place. <ref>Chazon Ovadyah (pg 150) </ref> | ||
# If one sent Mishloach Manot and it was stolen one should resend the Mishloach Manot. <Ref>Yalkut Yosef (Moadim pg 337, Kitzur S”A 694:4(50)) </ref> | # If one sent Mishloach Manot and it was stolen one should resend the Mishloach Manot. <Ref>Yalkut Yosef (Moadim pg 337, Kitzur S”A 694:4(50)) </ref> | ||
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# If the person receiving the gift doesn’t want to accept, nonetheless, the giver has fulfilled his obligation. <ref> Rama 695:4 </ref> However, others argue that one hasn’t fulfilled his obligation. <ref> Chatom Sofer 196, Pri Chadash (quoted by Mishna Brurah 695:23) </ref> | # If the person receiving the gift doesn’t want to accept, nonetheless, the giver has fulfilled his obligation. <ref> Rama 695:4 </ref> However, others argue that one hasn’t fulfilled his obligation. <ref> Chatom Sofer 196, Pri Chadash (quoted by Mishna Brurah 695:23) </ref> | ||
# It’s preferable to give the two portions of Mishloach Manot at once and not one after another. <Ref>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. </ref> | # It’s preferable to give the two portions of Mishloach Manot at once and not one after another. <Ref>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. </ref> | ||
# If one gives Mishloach as a gift | # If one gives Mishloach Manot as a gift on the condition that it must be returned one does not fulfill one’s obligation. <ref>Halichot Shlomo 19:13, Chazon Ovadyah (pg 133), Yalkut Yosef (Kitzur S”A 694:4(4) </ref> | ||
# If one gives Mishloach Manot through an institution and one will pay later, one fulfills the mitzvah. <ref>Halichot Shlomo 19:14 </ref> | # If one gives Mishloach Manot through an institution and one will pay later, one fulfills the mitzvah. <ref>Halichot Shlomo 19:14 </ref> | ||
# If one gave the Mishloach Manot and the receiver didn’t know until after purim one didn’t fulfill one’s obligation. Therefore, one should ensure that the recipient notices that he received it before sunset. <Ref> Aruch HaShulchan 695:16 writes that if the recipient doesn’t return home during the day and doesn’t know about it, even if his family accepts it for him, the giver doesn’t fulfill his obligation. Yalkut Yosef 695:4(28) agrees. 3. Moadei Yeshurun (Purim pg 59) quoting Rav Moshe disagrees with the Aruch HaShulchan. See, also, Adar VePurim (pg 158) who quotes Rav Moshe Feinstein as saying that if a woman accepted Mishloach Manot on behalf of her husband, even if he didn’t know about it on purim, nonetheless, the giver fulfills his obligation. </ref> | # If one gave the Mishloach Manot and the receiver didn’t know until after purim, one didn’t fulfill one’s obligation. Therefore, one should ensure that the recipient notices that he received it before sunset. <Ref> Aruch HaShulchan 695:16 writes that if the recipient doesn’t return home during the day and doesn’t know about it, even if his family accepts it for him, the giver doesn’t fulfill his obligation. Yalkut Yosef 695:4(28) agrees. 3. Moadei Yeshurun (Purim pg 59) quoting Rav Moshe disagrees with the Aruch HaShulchan. See, also, Adar VePurim (pg 158) who quotes Rav Moshe Feinstein as saying that if a woman accepted Mishloach Manot on behalf of her husband, even if he didn’t know about it on purim, nonetheless, the giver fulfills his obligation. </ref> | ||
==Who is obligated?== | ==Who is obligated?== | ||
