All summaries below are done to the best of my abilities and are for the purpose of informing and not paskening. In all cases, a posek should be consulted.

Sunday, September 12, 2010

Suppositories on Yom Kippur - Igrot Moshe Orach Chaim 4:121

Rav Moshe Feinstein was asked about a woman who reacted to Yom Kippur by becoming faint. Her doctors suggested that she take some form of vitamin suppository that would prevent her from having such a condition and would thus allow her to continue her fast. Are such suppositories allowed on Yom Kippur?

Rav Moshe begins his response by analyzing the seriousness of the condition. According to the Gemara, someone who is seized by bulmus can eat - the question is what exactly that condition is and whether this condition is comparable. Rav Moshe reasons that bulmus is a state of illness that afflicts an otherwise healthy individual as a result of the fast, and that bulmus can be perceived by a marked change in a person's eyes. However, if such a change does not occur then we would simply say that the individual is having a difficult fast, which is a normal occurrence and does not lead to permission to eat. This case of the fainting woman may be similar in that we might allow her to eat given her condition.

That being said, can the woman opt to continue to fast by take vitamins rectally? Rav Moshe considers the possibility that since the vitamins are not actually curative they might run afoul of the Rabbinic prohibition of שחיקת סממנין, grinding medicinal plants, which is the source for our general prohibition of taking medicine on Shabbat. However, Rav Moshe reasons that since an individual would be allowed to take food through a passageway other than the mouth, then certainly this vitamin capsule should be allowed without worrying about violating the decree of שחיקת סממנין.

Wednesday, September 8, 2010

Tashlich - Yechaveh Daat 1:56

In this teshuva, Rav Ovadiah Yosef begins by explaining the source for the universally accepted practice of tashlich. Citing the Maharil, he notes that it is based on the Midrash which explains that when Avraham and Yitzchak went to do the akeidah, the Satan tried to stop them by turning into a river and blocking their way. Avraham reacted by calling out to Hashem and saying that if they were to drown in trying to fulfill God's command, then who would be left to publicize the name of Hashem in the world!? Thus, as a way of recalling the merit of this most incredible of religious acts (which Chazal believe took place on Rosh Hashana), we say this tefilla by the banks of a river or stream.

A second reason given is that since kings were anointed by the banks of a river, we as it were "anoint" Hashem on this day that proclaims His dominion over the world.

In terms of whether or not tashlich should be said on Shabbat, Rav Yosef acknowledges that there may be some esoteric reasons for not doing so, but he sides with the view that the main reason to not do so is that people will carry their machzorim to tashlich and thus will violate the prohibition of carrying on Shabbat. As such, if the body of water being used is within the eruv, it would seem permissible to say tashlich even on Shabbat.

Tuesday, September 7, 2010

Blowing Shofar during Shemoneh Esrei - Igrot Moshe Orach Chayim 1:173

There is a practice to blow shofar not only before שמונה עשרה and not only during חזרת הש"ץ, but also during the silent שמונה עשרה. In this practice, people reach a certain point in their davening, then stop and wait for the shofar to be blown, then resume their silent prayer. Rav Dovid Feinstein asked his father what the law is regarding those individuals who daven slower and thus are still in the middle of a bracha when the shofar is blown. Is their pause in order to listen to the shofar and thus fulfill the mitzva considered to be an interruption in their davening?

Rav Moshe answered that there is no problem of הפסק, interruption, for two main reasons. First, even though we have a principle of שומע כעונה, under which a person is considered to have said a bracha merely by listening to another recite it, in this case the person is not considered to have said anything or even to have blown the shofar. He is merely listening to the sound and thereby fulfilling his obligation. Mere listening does not rise to the level of interruption.

Second, Rav Moshe reasons that the entire silent שמונה עשרה is considered to be an appropriate place for the blowing of the shofar, and thus wherever in davening one is up to when the shofar is blown, that is a suitable spot for him to hear it, and thus there is no הפסק issue.

Tuesday, August 31, 2010

Paying chazzanim - Yechaveh Daat 1:53

Is a community allowed to pay the individual who serves as the בעל תפילה or בעל תוקע on Rosh Hashana? The question is based on the gemara in בבא מציעא which states that even an action that is completely permitted on Shabbat cannot be performed for compensation unless the compensation also encompasses a time which is not on Shabbat (or Yom Tov). With the individuals in question, it would seem that their entire task is executed on Yom Tov and thus would be in violation of this rule.

Rav Ovadiah Yosef deals with this issue by noting the long history of Rishonim and Acharonim who permitted such practices, on the basic grounds that this prohibition does not apply when the action in question is for the purpose of performing a mitzva. He notes that even the Shulchan Aruch only says that the compensated individual will not see any bracha from that money, yet he refrains from saying that such an action is forbidden. Many others, including the מהר"ם מרוטנברג and Rav Shlomo Kluger, permitted paying individuals to lead the davening on Shabbat and Yom Tov without any qualifications, and thus Rav Yosef feels that we can comfortably be lenient in this regard.

Monday, August 30, 2010

Selichot without a minyan - Yechaveh Daat 1:47

In this teshuva, Rav Ovadiah Yosef deals with the issue of saying the י"ג מידות הרחמים in selichot if there is no minyan present. The tradition to require a minyan for this crucial portion of selichot dates back to Rav Amram Gaon, and other than the Tur and Rabbeinu Yonah, it is fairly accepted as the prevailing practice. There are those who even classify it as a דבר שבקדושה, which necessitates a minyan.

However, in the event that a minyan is not present, Rav Yosef says that one can rely on the view of the Shulchan Aruch and others that allow one to recite these verses as if he is simply reading them like any other biblical verses, and to preferably do so with the proper cantillation. While there is one view that says that one cannot even do this and that an individual reciting these verses may only recite them in a coded fashion, Rav Yosef favors the view of the Shulchan Aruch.

In a footnote to this teshuva, Rav Yosef asks how we can recite the verses of the י"ג מידות, given that our recitation of them stops in the middle of a verse, thus violating the rule of כל פסוק דלא פסק משה אנן נמי לא פסקינן (for more on this topic, see my article here). Rav Yosef brings down views that claim that since it is being recited as part of davening, it is permissible to recite the partial verses. Even if an individual is reciting it, and thus is reciting it as if he is reading it, since it is permissible for a minyan to recite the partial verses in this situation, the same permission applies to an individual.

(Rav Yosef includes several other questions on this point, yet the answer is always essentially the same.)

Wednesday, August 25, 2010

Saying Selichot before Chatzot - Igrot Moshe Orach Chaim 2:105 and Yechaveh Da'at 1:46

We know that selichot are generally recited either after chatzot (halachic midnight) or before davening in the morning. Some shuls have the practice of allowing a minyan for selichot to take place earlier in the evening, usually some time around 9 or 10pm. Is such a practice permitted? We will look at two recent teshuvot that take divergent views not only on the answer, but also on their approach to the answer.

Rav Moshe Feinstein was asked this question in the context of individuals who lived in a location where they were afraid to be out on the street alone at the usual times for reciting selichot. As such, they wanted to recite the selichot at an earlier time in the evening, when there were more people around and the danger was decreased. Rav Moshe's answer, which follows through the Shulchan Aruch and its major commentaries, is that the purpose of reciting selichot after midnight is because that it considered to be an עת רצון and thus it is the most appropriate time to beg for mercy from Hashem. However, since this entire practice has no basis in the Gemara and is based mainly on Kabbalistic literature, Rav Moshe felt it was better to allow selichot at an earlier time rather than to have people not say them at all. Rav Moshe even brings sources which seem to cast doubt on the specific efficacy of chatzot. However, he does caution that this ruling should be seen as a הוראת שעה and that if the situation improves, and certainly for people who do not have such a problem, selichot should be recited ater midnight.

Rav Ovadiah Yosef tackles the problem in a completely different manner. For him, the Kabbalistic sources are all-important, and the lack of a Talmudic basis for selichot does not factor into his reasoning at all. He explains that according to the Zohar, the time from the afternoon until halachic midnight is a time of מדת הדין - judgement, and only after midnight does Hashem switch his focus to that of רחמים - mercy. Thus, saying selichot before midnight would be both pointless as well as borderline heretical, and any location which has such a minyan is engaged in a bitter and bad practice. Rav Yosef quotes Rav Moshe Feinstein's dismissal of the Kabbalistic basis for this practice and says instead that the Kabbalistic rationale is so strong and so important that one ignores it at his own peril.

Rav Yosef further deals with two challenges. First, if the evening is a time of judgement and thus unfit for the recital of selichot, then how do we explain the common practice to say selichot in the evening of Yom Kippur? Rav Yosef brushes this objection aside by explaining that Yom Kippur is different, as the entire day is one when Hashem is open to hear supplication.

Second, what does one do it he is unable to recite selichot after midnight or in the early morning? Rav Yosef suggests reciting them before mincha. As to the possible objection that he said earlier that the afternoon is a time of judgement, Rav Yosef qualifies that position by noting that many people begin תחנון at mincha by saying וידוי and the י"ג מידות הרחמים, which are the essense of selichot, and thus they must have some efficacy at that time.

Thursday, August 12, 2010

Coeducation and school buildings - Igrot Moshe Yoreh Deah 3:78-80

In these three teshuvot, written over a span of 13 years (1967-1980), Rav Moshe Feinstein makes it very clear that boys and girls are to be separated in educational settings as much as possible.

In the first teshuva, he quickly asserts that coeducation is forbidden. Even if some communities practice it at younger grade levels due to financial considerations, certainly by Middle School boys and girls should be separated.

In the second teshuva, a school asked about using one building for boys and girls, but with substantial measures taken to have boys and girls on completely separate sides of the building with separate entrances, separate playgrounds, separate cafeterias, and some sort of barrier that rendered the two halves of the building virtually distinct from one another. Having seen the plans, Rav Moshe permitted the building, but with the note that the school should continue to look for an opportunity to build a second building on a different campus for the girls.

In the final teshuva, Beit Yaakov of Baltimore had the opportunity to build a new building alongside a Yeshivat Chofetz Chaim, in a move that would be cheaper than building on their own campus. Rav Moshe flatly rejected this plan, noting that especially in our generation when so many boundaries are ignored, and particular in the area of עריות, it is imperative to keep a distance between teenage boys and girls.