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Parshas Tzav: Rabbeinu Bachaye - Covering the Shame of Sinners

Parshas Tzav: Rabbeinu Bachaye - Covering the Shame of Sinners

Parshas Tzav: Rabbeinu Bachaye - Covering the Shame of Sinners

Parshas Pinchas: Rav Yehonoson Eibshitz - Where did Zimri the Great Tzaddik go Wrong?

Showering the Night Before a Taanis
 
Section: Questions   Category: Halacha
  A r c h i v e s
Halacha - Smittah loan nullification
Submitted by anonymous  Answered by Rav Peretz Moncharsh
Question: In our times, does shimittah still cancel loans of money and property at least without a pruzbol and/or outside of Israel?
Answer: Yes Shmitta still does cancel loans, even today and even in Chutz l'Aretz.
posted:2009-09-25 13:34:51  (0) comments   email to a friend


Halacha - shemittah
Submitted by anonymous  Answered by Rav Peretz Moncharsh
Question: May someone who lives in jerusalem avoid the obligation to do biur on peiros nochri by having in mind as follows: "When my wife goes shopping for the family, I intend not to be koneh any product regarding which there is a problem of biur--all such products should either be hefker or remain in the ownership of the mocher"? If this eitzah is not effective, why not? Is there another way to solve the biur problem? According to the lists that I have, the time of biur has already past for certain products that are commonly stored, such as potatoes, and for products such as tomatoes which are used as ingredients in various canned foods. lemaiseh, is there a practical and easy solution to the biur problem for peiros nochri bought in jerusalem?
Answer: According to the Beis Yosef and minhag Yerushalaim there is no Kedushas Shvi'is on peiros nochri and therefore there is no obligation of biur at all. The only issue would be for one who is machmir like the Chazon Ish.
posted:2009-03-15 01:39:49  (2) comments   email to a friend


Halacha - fruits from a tree
Submitted by schonfeld betty  Answered by Rav Peretz Moncharsh
Question: Dear Rabbi, I have a new garden, with two trees from which the fruit are only in third third year, so that I have to wait an additionnal year to eat them. What should I do with the fruit this year, isn't it baal tachris? We have baby oranges and baby lemons. Another question is about herbs, like Petrousilia, minth, etc..can I use them this year and how? Thank you ve shavoua Tov, Betty
Answer: There is no ba'al tashchis on something that is forbidden to eat, and the fruit should be destroyed to avoid anyone eating it by mistake. I assume your question about herbs relates to Shmitta. If they are being picked at this time they are not an issue and are not considered Shmitta produce.
posted:2009-01-04 06:50:54  (0) comments   email to a friend


Halacha - shmita
Submitted by anonymous  Answered by Rav Peretz Moncharsh
Question: My cousins give me delicious pecans from their two private pecan trees in Israel. They do not keep mitzvos, so I don't take shmita year pecans. I brought home a big bag of 6th year pecans which they still had in storage before they harvested their shmita pecans, and my local posek told me that Bedatz Aidas Heredis is not hexshiring 6th year pecan nuts this shmita cycle. I don't know if this applies to my situation because I saw my cousin's 7th year pecans still on the tree unharvested when I took a big sack of their 6th year pecans home with me. My posek told me to ask Bedatz Aidas Hereides if 6th year pecans can be ma'asered & eaten or not. I don't know if they will rule according to commercial pecans, as I could see a situation where commercial farmers, haz v'shalom, could substitute shmita pecans for 6th year pecans behind the masgiach's back. Whereas I am certain that I took home 6th year pecans. Should I call them & explain the difference in my situation? If so, do you have a contact phone number for them? Are you able to rule on this? Also, might this be an area in which the hereidi poskim in Israel have a machlochet or is it clear cut? Thanks! This is a wonderful service for the frum world!
Answer:

I don't see what problem there could potentially be with the situation you describe, but there may be practical issues I am not familiar with. The phone number for the Eida Charedis is 02 625-1651 and if you explain the circumstances they should tell you the Halacha and also the reason behind it. If you have any further questions after speaking to them, feel free to contact me again and I will do the best of my ability to explain what they tell you.

posted:2008-12-21 07:38:25  (0) comments   email to a friend


Halacha - Shmittat Ksafim
Submitted by anonymous  Answered by Rav Peretz Moncharsh
Question: 1. Is a positive account balance in an Israeli bank , where no Prozbul was done ( intentionally ) , considered a loan which is cancelled ? If so , what should be done with the money ? Also what then of the accounts of the non-observant ? 2. Where no Prozbul was done ( intentionally ) , and regarding a loan , the loveh says af al pi ken , he wants to return a matanah , must the malveh accept it ? Is he denying the loveh , ruach Chachamim nocha mimenu , or is his ratzon , enough for this ?
Answer:

1) While a positive balance on a bank account is considered a loan since the bank may use the money for whatever purpose they choose, according to most opinions one may still withdraw the money from a Jewish-owned bank after Shmitta even if no pruzbol was made. The reasons are that the bank is a corporation not an individual and many opinions hold that a corporation does not need to forgive loans nor are loans made to a corporation forgiven. Additionally, since the bank is closed when Rosh HaShana begins it is considered by many to be a loan whose time for payment has not yet arrived. However, one should still preferably make a pruzbol on a bank deposit to cover the other opinions.

2) The Kol Sofer and Mishnas Yosef write that one should accept the loan in order that the borrower fulfill his ruach chachomim nocha mimenu, I didn't see any discussion why his intention is not sufficient. Reb Shlomo Zalman Aurbach zatzal adds that even after shmitta cancels the obligation to repay the loan the loan itself still remains and it is not completely a gift to return the loan. Therefore there is no concept of sone matanos yichye to refuse to accept the gift/repayment.

posted:2008-10-28 10:19:10  (2) comments   email to a friend


Halacha - Esrog
Submitted by anonymous  Answered by Rav Peretz Moncharsh
Question: Why can't we get esrogim from e'y this year just because it's shmitta? Also, what kavanos are we suposed to have when we shake na'anuim?
Answer:

While the Halacha is that generally speaking Shmitta produce may not be exported out of Eretz Yisroel because biyur must be done in Eretz Yisroel, but esrogim are generally an exception because of the difficulty in finding reliable esrogim grown in Chutz LaAretz. So you should be able to find Israeli esrogim this year, just be careful to treat them properly, as described in a different response.

posted:2008-10-11 23:02:36  (0) comments   email to a friend


Halacha - shmitta esrog
Submitted by anonymous  Answered by Rav Peretz Moncharsh
Question: I'm buying esrogim this year from Eretz Yisroel that are otzar beis din and others that rely on a heter from Rav Moshe that they can be sold if its specified that you pay for the lulav, so you aren't buying sheviis produce. In both cases, what are the inyanim by disposal of the esrog?
Answer: In both cases the esrog has Kedushas Shviis and must be returned to Eretz Yisroel for biyur before Tu B'Shvat. Also, care must be taken not to damage the esrog in any way.
posted:2008-10-04 22:58:06  (0) comments   email to a friend


Halacha - Pruzbul
Submitted by Yaakov Rosenes  Answered by Rav Peretz Moncharsh
Question: I sent a supplier a post-dated cheque for after Rosh Hashanna. He already wrote his Pruzbul and says that the debt will be cut off at R"H according to the Shita of the Even Ezra that Shmitta is Mishametet be Tehillato. I say that we don't Poskin that way and the Pruzbul lets him collect all debts even if they are incurred after Rosh HaShanna. Who is right ?
Answer:

Shmitta Mishametes B'Tchilaso means that last year Rosh HaShana cancelled all outstanding debts and not this Rosh HaShana. However, we pasken that tit is this Rosh HaShana following Shmitta that cancels debts. He should know that if he already wrote his pruzbol now, a week before Rosh HaShana, that it does not cover any loans given between the writing of the pruzbol and the end of the year. Therefore, it is preferable to wait until Erev Rosh HaShana to write the pruzbol.

posted:2008-09-23 14:18:55  (0) comments   email to a friend


Halacha - Esrog Picking
Submitted by anonymous  Answered by Rav Peretz Moncharsh
Question: How many esrogim can you take from a Pardes on Shmittah? Is there a Pardes limit or a limit to how many i can have at one time in my house?
Answer: You may only take as many esrogim as you need, generally one per person. More than that is considered wasting, not using, Shmitta fruit. If you always buy 2 esrogim, say a Chazon Ish and a Teimani, that would be permitted because you are using both.
posted:2008-09-15 14:19:28  (0) comments   email to a friend


Halacha - shviit
Submitted by josef h  Answered by Rav Peretz Moncharsh
Question: why is there no zman biur for shviit wine? i saw a yiron wine from 2001 which is aged for 16 months before sale - stating that it has shmitta sanctity. with hechsher.
Answer:

There is zman biyur on Shviis wine, and it is on Pesach of the 8th year. However, assuming biyur was done properly by removing it from ones possession and declaring it ownerless in front of three people in the correct time, the wine may be consumed afterwards. I don't know in your situation if anyone is taking responsibility that biyur was done properly, the Hashgacha can't take responsibility for anything that happens after the wine is bottled.

posted:2008-08-27 23:21:04  (0) comments   email to a friend


Halacha - After Shmittah
Submitted by Levi Bookin  Answered by Rav Peretz Moncharsh
Question: When we get busy again with the plants on our balcony, is there any question concerning the earth we buy for the containers?
Answer: There is no problem of Shmitta on potting soil.
posted:2008-08-18 01:10:25  (0) comments   email to a friend


Halacha - Shmitah
Submitted by Aaron Swirski  Answered by Rav Peretz Moncharsh
Question: B"H Shalom Rav Peretz Moncharsh: "Blessed are you H' who made me Jewish and made me preocupied with these matters!" A friend gave me two mangoes from his garden I thank him, because I didn't want to ofend him, but I do not know if we can eat it or not. My wife and I buy and eat fruit from the supermarket, can we eat these mangoes, or what should we do? Thank you! Shabbat Shalom! Aaron
Answer:

Let me see if I understand your question correctly. I assume this friend is not Shomer Shviis and there is reason to be concerned that he was not mafkir his fruits and even worked on his trees in Shmitta. I also assume that when you write that you buy fruit from the supermarket that you mean that you rely on the Beis Yosef and Minhag Yerushalaim, and not the stricter opinion of the Chazon Ish. If this is what you meant, than in this case the Beis Yosef is actually more stringent than the Chazon Ish and the produce is forbidden to eat, and one may not take the leniencies of both sides.

posted:2008-08-07 09:22:08  (0) comments   email to a friend


Halacha - Shmita
Submitted by anonymous  Answered by Rav Peretz Moncharsh
Question: Does a hydroponic farmer, one that grows crops in water rather than soil, have to observe the laws of the sabbatical years?
Answer: While there are leniencies that apply to tending produce grown indoors (potentially including greenhouses) and also regarding plants grown in a container completely detached from the ground, there are still many laws of Shmitta that do apply and many relevant Halachos that have to be taken into account. One example is that tending existing plants would be permitted, but planting new ones would not.
posted:2008-05-26 16:36:10  (0) comments   email to a friend


Halacha - Collecting Bad Debts
Submitted by anonymous  Answered by Rav Peretz Moncharsh
Question: I lent a friend (yid) $2,000 in 1999 he said the other day that he would like to pay me back, although I have written it off and not mentioned it to him in years. Can I accept the money?
Answer: Generally speaking as long as one did not say explicitly that he forgives a debt the money is still owed and certainly may be accepted. However since 2000-2001 was Shmitta, Rosh HaShana of 2001 eliminated the debt if no pruzbol was made. Therefore, you would have to tell the borrower that he need not pay back, and only if he continues to insist on paying may you accept the money.
posted:2008-04-14 19:23:45  (0) comments   email to a friend


Halacha - etrog liqueur
Submitted by anonymous  Answered by Rav Peretz Moncharsh
Question: Is one allowed to make etrog liqueur from etrogim that have kedushat shevi'it? One takes thin peels from the etrog, soaks them in 95% alcohol for a couple of months, then adds, to the liquid one gets from that, twice as much syrup made with equal amounts of sugar and water.
Answer: One may not make liqueur from an esrog that has kedushas shvi'is because it is not the common use of an esrog. If one did make the liqueur already he must keep in mind the zman habiur. However, most esrogim availible now started growing before Rosh HaShana and do not have kedushas shvi'is.
posted:2008-04-13 09:30:53  (2) comments   email to a friend


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