Anonymous

Shinui Makom: Difference between revisions

From Halachipedia
 
(2 intermediate revisions by the same user not shown)
Line 11: Line 11:
# Moving in an open area outdoors is not considered a Shinui Makom if it’s still possible to see the place from where one started.<Ref>Bet Yosef 178:1 commenting on Rambam Brachot 4:5, Mishna Brurah 178:25, Vezot HaBracha (pg 57, chapter 6) </ref>
# Moving in an open area outdoors is not considered a Shinui Makom if it’s still possible to see the place from where one started.<Ref>Bet Yosef 178:1 commenting on Rambam Brachot 4:5, Mishna Brurah 178:25, Vezot HaBracha (pg 57, chapter 6) </ref>
# Moving in an enclosed area outdoors (like a fenced in area) is not considered a Shinui Makom even if one can’t see the place from where one started. <Ref>Mishna Brurah 178:25, Vezot HaBracha (pg 57, chapter 6), see there what he quotes in name of Rav Elyashiv regarding an enclosure of an eruv of [[Shabbat]]. Bet Yosef 178:1 quotes the Orchot Chaim Brachot 18 who writes that moving from part of an enclosed garden or orchard to another is a shinui makom unless one had intention to move around. Yet, moving from one enclosed garden or orchard to another even with intention it is a shinui makom.</ref>
# Moving in an enclosed area outdoors (like a fenced in area) is not considered a Shinui Makom even if one can’t see the place from where one started. <Ref>Mishna Brurah 178:25, Vezot HaBracha (pg 57, chapter 6), see there what he quotes in name of Rav Elyashiv regarding an enclosure of an eruv of [[Shabbat]]. Bet Yosef 178:1 quotes the Orchot Chaim Brachot 18 who writes that moving from part of an enclosed garden or orchard to another is a shinui makom unless one had intention to move around. Yet, moving from one enclosed garden or orchard to another even with intention it is a shinui makom.</ref>
# If someone goes to the bathroom in the same house it is not a shinuy makom whether one was eating bread or a snack.<ref>Halacha Brurah 178:23 writes that there's no shinuy makom going to the bathroom even in the middle of a snack since it is normal and necessary to go to the bathroom. Even according to those who hold that there is a shinuy makom from room to room there is no shinuy makom going to the bathroom. However, Mishna Brurah (178:26 and Biur Halacha s.v. kgon) holds that it is a shinuy makom when leaving the house to go to the bathroom in he middle of a snack. Piskei Teshuvot 178:20 limit the Mishna Brurah to leaving the house but if it is a room in the house it is not a shinuy makom. Halacha Brurah cites Zichronot Eliyahu Brachot 300:7, Daat Torah 178, Igrot Moshe 5:16:10, Shulchan Aruch Harav 178:8, Chemdat Avraham 3:11, Birkat Yehuda 1:5 unlike his father in Halichot Olam (v. 2 end of Bahalotcha) who holds that going to the bathroom is a shinuy makom. Yalkut Yosef (178, 5764 edition), agreed with his father that it is a shinuy makom since we don't intend to eat in the bathroom since it is forbidden to eat there. Yalkut Yosef (5771 edition, p. 37, 178:26) agrees with Halacha Brurah and writes that his father agreed with him that going to the bathroom is not a shinuy makom if it is within the same house. Also, technically it is permitted to eat there. However, regarding an outhouse he writes (5771 edition, p. 34 178:8) that it is a shinuy makom during a snack.</ref>


===Cases that are in doubt and are preferable to avoid===
===Cases that are in doubt and are preferable to avoid===
Line 44: Line 45:


==Which Foods does Shinui Makom apply to?==
==Which Foods does Shinui Makom apply to?==
# If one had a [[Kezayit]] of bread there’s no Shinui Makom whether one leaves that place and returns or if one leaves that place and goes to another place, no new [[Bracha Rishona]] is needed. <ref>Rav Chisda in Pesachim 101b, Rama O.C. 178:2, Vezot HaBracha (pg 60, chapter 6). Do we follow Rav Chisda or Rav Sheshet? Tosfot Pesachim 101b s.v. elah rules like Rav Chisda, while Rabbenu Chananel 102a rules like Rav Sheshet.</ref> Even by bread, initially, one may not move from house to house unless one had intent to do so from the beginning. <ref>Vezot HaBracha (pg 60, chapter 6) </ref>
# If one had a [[Kezayit]] of bread there’s no Shinui Makom whether one leaves that place and returns or if one leaves that place and goes to another place, no new [[Bracha Rishona]] is needed. <ref>Rav Chisda in Pesachim 101b, Rama O.C. 178:2, Vezot HaBracha (pg 60, chapter 6). Do we follow Rav Chisda or Rav Sheshet? Tosfot Pesachim 101b s.v. elah rules like Rav Chisda. Rosh Pesachim 1:6 agrees. On the other hand, Rabbenu Chananel 102a rules like Rav Sheshet. Rif Pesachim 20b, Rambam Brachot 4:4 (as per Kesef Mishna there), and Baal Hameor 20b concur with Rabbenu Chananel.</ref> Even by bread, initially, one may not move from house to house unless one had intent to do so from the beginning. <ref>Vezot HaBracha (pg 60, chapter 6) </ref>
# If one had less than a [[Kezayit]] of bread, [[Mezonot]], or Shivat HaMinim (grapes, figs, pomegranates, olives, dates) it’s like all other foods and if one changes places a new Bracha would be required. <ref>Vezot HaBracha (pg 60, chapter 6) </ref>
# If one had less than a [[Kezayit]] of bread, [[Mezonot]], or Shivat HaMinim (grapes, figs, pomegranates, olives, dates) it’s like all other foods and if one changes places a new Bracha would be required. <ref>Vezot HaBracha (pg 60, chapter 6) </ref>
# Even by bread, initially one may not make a Shinui for an extended period of time because one may forget to return and make Birkat haMazon, however, it’s permissible to make a Shinui for a short time. In order to perform a mitzvah, it’s permissible to leave the area for a long time, however, one should make sure not to forget the [[Bracha Achrona]] within Shuir Ikul. If one is afraid that one will forget, then one should make the [[Bracha Achrona]] before moving to the other place. <ref>Vezot HaBracha (pg 61, chapter 6) </ref>  
# Even by bread, initially one may not make a Shinui for an extended period of time because one may forget to return and make Birkat haMazon, however, it’s permissible to make a Shinui for a short time. In order to perform a mitzvah, it’s permissible to leave the area for a long time, however, one should make sure not to forget the [[Bracha Achrona]] within Shuir Ikul. If one is afraid that one will forget, then one should make the [[Bracha Achrona]] before moving to the other place. <ref>Vezot HaBracha (pg 61, chapter 6) </ref>  
Line 64: Line 65:
# For a Mitzvah (going to daven in a [[minyan]] if there’s no others, going to a funeral) it’s permissible to leave the place without making [[Birkat HaMazon]]. <Ref> Yalkut Yosef ([[Brachot]] pg 216) </ref>
# For a Mitzvah (going to daven in a [[minyan]] if there’s no others, going to a funeral) it’s permissible to leave the place without making [[Birkat HaMazon]]. <Ref> Yalkut Yosef ([[Brachot]] pg 216) </ref>
===Other foods===
===Other foods===
# For foods that have a [[Bracha Achrona]] of [[Boreh Nefashot]] (drinks besides wine, fruit and vegetables besides Shivat HaMinim), one should make a [[Bracha Achrona]] in the place where one ate, however, after the fact (even if one didn’t have in mind to change places) if one goes to another room (even on another floor) no new Bracha is necessary. However, if one leaves the house, a new Bracha is required. <Ref> Yalkut Yosef (vol 3 pg 219, Kitzur S”A 178:9, and 11), Halichot Olam (vol 2 pg 41) </ref>
# For foods that have a [[Bracha Achrona]] of [[Boreh Nefashot]] (drinks besides wine, fruit and vegetables besides Shivat HaMinim), one should make a [[Bracha Achrona]] in the place where one ate, however, after the fact (even if one didn’t have in mind to change places) if one goes to another room (even on another floor) no new Bracha is necessary. However, if one leaves the house, a new Bracha is required.<Ref> Yalkut Yosef (vol 3 pg 219, Kitzur S”A 178:9, and 11), Halichot Olam (vol 2 pg 41) </ref>
# Leaving a room and walking to a separate stairwell room is considered an interruption and another [[Bracha Rishona]] is required, however, walking up stairs that are in the house isn’t an interruption. <Ref> Yalkut Yosef (vol 3 pg 224 and 233, Kitzur S”A 28) </ref>
# Leaving a room and walking to a separate stairwell room is considered an interruption and another [[Bracha Rishona]] is required, however, walking up stairs that are in the house isn’t an interruption.<Ref> Yalkut Yosef (vol 3 pg 224 and 233, Kitzur S”A 28) </ref>
# Leaving to the courtyard is considered an interruption and another [[Bracha Rishona]] would be required. <Ref> Sh”t Yechave Daat 6:11, Sh”t Yabia Omer O”C 6:27, Sh”t Chazon Ovadyah 1:18, Yalkut Yosef (vol 3 pg 224) </ref>
# Leaving to the courtyard is considered an interruption and another [[Bracha Rishona]] would be required. <Ref> Sh”t Yechave Daat 6:11, Sh”t Yabia Omer O”C 6:27, Sh”t Chazon Ovadyah 1:18, Yalkut Yosef (vol 3 pg 224) </ref>
# If one was eating fruit of the Shivat HaMinim (grapes, figs, pomegranates, olives, dates) or [[Mezonot]] and one left the house no new Bracha is needed, however, if one didn’t eat a [[Kezayit]] of the fruit before leaving then a new Bracha is needed upon leaving the house. However, if one was eating together with others and some remain in the place one began eating and one left and returned, no new Bracha is needed. <Ref> Yalkut Yosef (vol 3 pg 220, Kitzur S”A 178:10), Halichot Olam (vol 2 pg 41) </ref>
# If one was eating fruit of the Shivat HaMinim (grapes, figs, pomegranates, olives, dates) or [[Mezonot]] and one left the house no new Bracha is needed, however, if one didn’t eat a [[Kezayit]] of the fruit before leaving then a new Bracha is needed upon leaving the house. However, if one was eating together with others and some remain in the place one began eating and one left and returned, no new Bracha is needed. <Ref> Yalkut Yosef (vol 3 pg 220, Kitzur S”A 178:10), Halichot Olam (vol 2 pg 41) </ref>
#After the fact if one left one room and went to another room that is not a shinuy makom after the fact and no new bracha is necessary.<ref>Yalkut Yosef 178:1, Halacha Brurah 178:1</ref> Some say that if one has intention to move room to room it is permitted even initially.<ref>Halacha Brurah 178:1, Or Letzion 2:12:15, Vezot Habracha p. 64. Yalkut Yosef 178 fnt. 8 implies that there's what to rely upon to follow the Ben Ish Chai (Bahalotcha 4) who allows having intention to move room to room. Otzrot Yosef 9:4 brings a proof from Shulchan Aruch O.C. 273:1 that he accepts having intention to move from room to room like Rama 178:1. However, Gra on 178:3 notes that it seems to be a dispute between the Rambam and Raavad and the Shulchan Aruch 178:2 follows the Rambam.</ref>
===Eating on the walk===
===Eating on the walk===
# If one eats on the walk or had intent to eat on the way, whether it’s bread, [[Mezonot]], or fruit, one doesn’t need a new Bracha even if one makes a Shinui Makom. <Ref>Yalkut Yosef (vol 3 pg 220-2) </ref>For example, if one made a [[Shehakol]] on gum in the house and then walks out of the house, and even if one has more gum a new [[Shehakol]] isn’t necessary as long as one had intent originally to eat on the walk. <Ref>Yalkut Yosef (vol 3 pg 223) </ref>
# If one eats on the walk or had intent to eat on the way, whether it’s bread, [[Mezonot]], or fruit, one doesn’t need a new Bracha even if one makes a Shinui Makom. <Ref>Yalkut Yosef (vol 3 pg 220-2) </ref>For example, if one made a [[Shehakol]] on gum in the house and then walks out of the house, and even if one has more gum a new [[Shehakol]] isn’t necessary as long as one had intent originally to eat on the walk. <Ref>Yalkut Yosef (vol 3 pg 223) </ref>
Anonymous user