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Section: Questions   Category: Halacha
  A r c h i v e s
Halacha - kettle used on shabbat by goy
Submitted by renee  Answered by Rav Peretz Moncharsh
Question:
Answer: It is permitted to continue using the urn, whether the Goyta used the hot water for herself or for your mother. In the future, she should be discouraged from using it for a Jew.
posted:2012-03-28 12:14:47  (0) comments   email to a friend


Halacha - lottery and shabbos
Submitted by ari  Answered by Rav Peretz Moncharsh
Question:
Answer: Yes, it is permitted.
posted:2012-03-15 23:10:23  (0) comments   email to a friend


Halacha - crockpot
Submitted by CHacham  Answered by Rav Peretz Moncharsh
Question:
Answer:  

Assuming all the other conditions for Chazara have been met, a crockpot that does not have variable temperature settings is permitted to return to. If it does have a high and low setting, the knob should be covered. In any event, it is praiseworthy to line the base with aluminum foil essentially creating a flexible and curved Blech.

However, there are Poskim who are concerned regarding a different issue, Hatmana. Since the walls of the pot insert are surrounded by hot insulating walls, they consider this included in the Gezeira of insulating a pot with material that increases its heat. This can be avoided by placing three small stones inside the base, insuring that the insert does not come in direct contact with the insulating outer surface. There are also numerous Poskim who do not consider this necessary.

posted:2012-03-11 11:42:02  (0) comments   email to a friend


Halacha - Tanach at night
Submitted by anonymous  Answered by Rav Peretz Moncharsh
Question:
Answer: The Mishna Berura deduces from the Pri Megadim that it is only a preference to refrain from mikra at night but not an obligation, however the mekuballim are very strict on this issue based on the Arizal. While there are some opinions that permit chumash after chatzos, the predominant and accepted opinion is not until alos hashachar. If you learn Rashi together with the pesukim, it is permitted.
posted:2012-02-28 15:17:31  (0) comments   email to a friend


Halacha - Answering Amen when in the bathroom
Submitted by anonymous  Answered by Rav Peretz Moncharsh
Question:
Answer:

Generally speaking one may not answer Amen in a bathroom. the Rema OC 84:1 rules that Amen may not be said in response to any Beracha in a bathroom. However, in 83:4 provision is made that a bathroom that is intrinsically clean is not subject to the general restrictions on a typical bathroom. Presumably most bathrooms today meet the description of the Gemara and Shulchan Aruch. However, many Poskim debate whether this is necessarily so, and it is recommended to refrain.

posted:2012-02-27 14:12:20  (0) comments   email to a friend


Halacha - toiveling a george foreman
Submitted by anonymous  Answered by Rav Peretz Moncharsh
Question:
Answer: Yes. As a cooking utensil that comes in direct contact with the food, it requires Tevila. Care should be taken that it is fully dry before using, to prevent risk of electric shocks.
posted:2012-02-04 23:41:24  (0) comments   email to a friend


Halacha - Birchos HaTorah
Submitted by Dov Miller  Answered by Rav Peretz Moncharsh
Question:
Answer: One should preferably recite Birkas HaTorah before saying any Pesukim. You can say it at home before heading to Shul, then you can say Ma Tovu upon entering.
posted:2012-02-02 14:44:54  (0) comments   email to a friend


Halacha - Playing cards
Submitted by Yael  Answered by Rav Peretz Moncharsh
Question:
Answer: It is permitted according to Halacha. However, some people are sensitive to the association with gambling and refrain.
posted:2012-01-23 20:31:47  (0) comments   email to a friend


Halacha - Mana Chama
Submitted by MOshe  Answered by Rav Peretz Moncharsh
Question:
Answer: No. It is Kalei HaBishul, something easily cooked, and is forbidden even in a Kli Sheini.
posted:2012-01-15 16:31:38  (0) comments   email to a friend


Halacha - Scooter for children in shabbat
Submitted by anonymous  Answered by Rav Peretz Moncharsh
Question:
Answer: It is fine. The primary problem with a bike is the risk that the chain may fall off and require a repair, which would be forbidden on Shabbos. Since scooters and skates are simpler and contain to chains, there is less risk of needing fixing and there are no grounds for concern.
posted:2012-01-15 16:30:09  (0) comments   email to a friend


Halacha - Bishu; Kli Sheini, Shlishi
Submitted by anonymous  Answered by Rav Peretz Moncharsh
Question:
Answer:  

Generally speaking, a hot item in its original container that was on the fire can cook, and should not come in contact with cold raw food on Shabbos. This is called a Kli Rishon. Food that has been transferred to a second location cools off from the cold utensil and is no longer capable of cooking a cold object. This is referred to as Kli Sheini. So, one would presume that once the kugel had been placed on a plate it should now be considered a harmless Kli Sheini, and there should be no problem placing raw fruit on it.

However, there is significant discussion in the Poskim if a solid object which does not spread out along the new vessel it is placed in is affected sufficiently by the cool walls to lose its ability to cook. This is called a Davar Gush. The general consensus, based on the Magen Avraham in Orach Chaim 318 is to be Machmir. Therefore, the proper thing to do would be to avoid placing raw melon in direct contact with kugel, presuming the kugel is very hot to the touch, above 45C or 113F.

It retrospect, there are grounds to be lenient and to judge favorably that your wife did nothing wrong. While the accepted Halacha is to be stringent regarding a Davar Gush, it is more of a Chumra than a true risk of cooking. While certainly one should adhere to a Chumra that has been accepted universally for hundreds of years, we cannot say that someone who mistakenly did not transgressed and violated Shabbos. Additionally, melon is not a food that is usually cooked and does not improve when subjected to heat. This gives us additional grounds for leniency, as whatever occurred to the melon cannot be termed a deliberate and constructive act of cooking on Shabbos.

In conclusion, in the future the melon should not come into contact with very hot kugel, but your wife need not feel guilty over what already transpired.

posted:2012-01-07 19:08:05  (0) comments   email to a friend


Halacha - Birkat Halevana/Kiddush Levona
Submitted by anonymous  Answered by Rav Peretz Moncharsh
Question:
Answer: The Rema in OC 426:4 writes that Kiddush Levana should not be recited under a roof. The Mishna Berura there explains that it is comparable to greeting a king, and one would be expected to go out to the street to do so. However, the Mishna Berura continues that this is merely preferable; if someone is incapable of exiting their house they may recite it inside. In the Shaar HaTziun he adds that while ideally the window should be opened, if this is not feasible it is not necessary.
posted:2012-01-07 15:04:38  (0) comments   email to a friend


Halacha - 7 branched menora
Submitted by anonymous  Answered by Rav Peretz Moncharsh
Question:
Answer:

The Pischei Teshuva in Yoreh Deah 141:12 quotes the Tiferes l'Moshe that if a non-Jew manufactured a 7 branched Menorah, one is allowed to use it. The Mekor Mayim Chaim concurs, however he cites a dissenting opinion that there may be an Issur d'Rabbanan that people may suspect he made i thimself, which would be ab Issur d'Oraisa. However, the Maharam Shick on Mitzva 39 disputes this, and suggests that using such a Menorah should be Assur Min HaTorah.

In conclusion, I'm not sure, but it would appear that there are grounds to be lenient.

posted:2012-01-04 21:07:03  (0) comments   email to a friend


Halacha - mikvah
Submitted by anonymous  Answered by Rav Peretz Moncharsh
Question:
Answer: Most Poskim consider the Hefsek Tahara to be d'Oraisa. so, unless she is absolutely certain it was done a day early, it will be necessary to wait.
posted:2011-12-15 01:01:33  (0) comments   email to a friend


Halacha - window in the winter
Submitted by anonymous  Answered by Rav Peretz Moncharsh
Question:
Answer:

While it is not an explicit Halacha in any primary source, there is a strong basis for it.

There is a case in the Gemara in Bava Basra (22b-23a): Rav Yosef had a neighbor who was a doctor, who used to perform bloodletting (a common medical procedure in those days) in his yard, which was adjacent to Rav Yosef's house. This practice attracted a large number of ravens to the yard, which caused a major disturbance to R' Yosef, who was particularly sensitive to the noise (or filth) produced by the birds. The Talmud rules that R' Yosef was justified in his demand that the neighbor cease the offensive practice. This ruling is recorded in the Shulchan Aruch (C.M. 155:39), where the Rema adds that the same law applies to any form of intolerable nuisance, such as annoyances that are ordinarily bothersome to the average normal person, or to a sick person (if the complainant is ill) -- the one causing the disturbance must cease the offensive activity or do it elsewhere.

In our case, since most people find an open window bothersome in cold weather -- and a closed window in warm weather -- they do not have to tolerate these inconveniences when a person or a group of people seeks to impose it upon them. The same argument, however, could be advanced just as well by the other party, who sees the open window as a nuisance even though it is a warm day, except for the following consideration:

The Chazon Ish writes that a sick or insomniac person is not within his rights to complain about a neighbor's crying child. The reasoning behind this is that anyone who moves into an apartment or a neighborhood does so with the understanding that he will have neighbors and that there are certain normal noises produced by neighbors, one of which is the crying of a baby. The Talmud's ruling does not apply to ordinary nuisances that are a normal part of everyday life. Thus, no complaint can be lodged against people who create a "nuisance" that is part of the normal routine of life, such as keeping a window open in the summer and closed in the winter.

posted:2011-12-11 16:34:32  (0) comments   email to a friend


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