Volume 27 Number 21 Produced: Wed Oct 29 5:07:41 1997 Subjects Discussed In This Issue: Answering Kadish Through Video Transmission [Yitzchok Adlerstein] Deaths on Chol Hamoed and Yom Tov [I. Harvey Poch] Microphones and Answering Amen [Yosef Gavriel Bechhofer] Migdol & Magdil [Menashe Elyashiv] Migdol, Magdil [Yosef Gavriel Bechhofer] Mourning during Chag [Yisrael Medad] Shir Ha'Ma'alot and Al Naharot Bavel [Mike Fischer] Taking the Middle Road [Steve White] When Death Occurs on Yom Tov [Janice Gelb] When death occurs on Yom TOv where Shabbos directly follows [Larry Israel] ---------------------------------------------------------------------- From: Yitzchok Adlerstein <yadler@...> Date: Tue, 28 Oct 1997 08:34:00 -0800 Subject: Answering Kadish Through Video Transmission I believe that there has been some confusion in some of the previous postings. It is true that, for the most part, the poskim are not thrilled with the idea of fulfilling one's obligation to hear Havdalah or Megillah through an electronically transmitted recitation. They regard the sound that is heard as disembodied and completely altered from the original. In answering Kadish and Kedushah, though, the issue is not fulfilling an obligation, but the propriety of answering to a recitation that one did not hear. It turns out (see Ramo, 124:11) that you can answer even if you never heard the recitation. All you need is to be aware that someone recited the Kadish, etc. the very moment before. Certainly a live video transmission from Madison Square Garden makes one aware that the shliach tzibbur has just recited the beginning of Kadish, allowing you to respond with "Amen, Yehey Shemei etc." This is what we assumed at the Los Angeles Siyum HaShas. I was pleased to find this distinction explicitly given by Rav Ovadiah Yosef, shlit"a, in Yechave Da'as 2:68. He mentions that Rav Shlomo Zalman Auerbach z"tl came to the same conclusion: you can answer to Kadish and Kedushah, but you do not fulfill any obligation to hear a beracha, etc. ---------------------------------------------------------------------- From: I. Harvey Poch <af945@...> Date: Mon, 27 Oct 1997 20:29:29 -0500 (EST) Subject: Deaths on Chol Hamoed and Yom Tov This is meant to be an answer to questions raised by John Kraus, and then some. I offer this information as a professional funeral director serving the Jewish community of greater Toronto and area. If a funeral is held during chol hamo'ed, the actual observance of shiva does not begin until after the holiday is over, but, in chutz la'aretz, the last day of the holiday counts as the first day of shiva - even though aveilus is NOT observed. Thus, this year, the observance of shiva would have begun on Saturday night, but would end on THURSDAY morning. In the case of Mr. Kraus' friend, IF the burial had in fact occurred on Simchas Torah, the observance of shiva would have begun on Saturday night and finish on THURSDAY morning as well, because Simchas Torah would have counted as day 1, even though no aveilus was observed. However, since the burial took place on Sunday, the OBSERVANCE of shiva ends late Friday afternoon, but the shiva itself ends on Shabbos after shacharis. In most places, this means that the earliest the avel can have an aliyah is at MINCHAH on Shabbos. As far as hakkofos, even though this is a public display of mourning, most avelim IN SHIVA will not circle, and most avelim will not dance during the entire twelve months. Since aninus (the period between the death and the burial) is a more severe level of mourning, this should be true for the onen as well. As far as saying kaddish when an onen, IF the onen will not be attending the funeral, shiva would begin immediately on a regular weekday, and kaddish should be said immediately. (I remember one member of the shul where I daven, whose mother died overseas on Erev Yom Kippur several years ago. Since the daughter could not make it to the funeral, she began her shiva immediately, and it ended with Yom Kippur - even though her mother was buried only AFTER Yom Kippur in the country where she died. So the shiva was over before the funeral!) If the onen IS planning to attend the funeral, there is a general principal that the onen is exempted (even FORBIDDEN) from performing ALL 'mitzvos asay' until the funeral, since s/he is supposed to be doing what is necessary to prepare for the funeral. This includes tefilloh b'tzibur and kaddish. However, in his book "Death and Bereavement: A Halakhic Guide", published by Ktav and the UOJCA, Rabbi Abner Weiss writes "An onen *may* recite Kaddish" (emphasis mine) - p. 44. On p. 47 he also lists the do's and don't's for Sukkos, and says that an onen *may* accept an aliya on Simchas Torah, as long as it is not either of the 'chassan' aliyos. I. Harvey Poch (:-)> <af945@...> ---------------------------------------------------------------------- From: Yosef Gavriel Bechhofer <sbechhof@...> Date: Mon, 27 Oct 1997 01:30:25 -0600 (CST) Subject: Microphones and Answering Amen The issue of answeing "omein" to a bracha or kaddish over a microphone is completely distinct from whether one fulfills the mitzva of megilla etc. - even havdala - thereby by virtue of "shomei'a k'oneh" (hearing is like responding). That the former is permissible is derived from the Gemara in Sukka describing the large shul in Alexandria where even those who could not hear the Chazzan answered on cue. The latter is far more complex. While some Poskim do permit shomei'a k'oneh via a microphone (Reb Moshe Feinstein seems unsure about the issue), many, including Reb Shlomo Zalman Auerbach and the Lubavitcher Rebbe - and, notably, Reb Yosef Engel in his Gilyonei HaShas on the recent Daf Yomi on "Erva b'Ashashis), who had a very good comprehension of the technology involved, emphatically reject this position. The Lubavitcher Rebbe states that anyone who permits shomei'a k'oneh via a microphone does not understand the nature of electronics! It should be noted that even "live" shomei'a k'oneh has its limits. For example, the Chazon Ish rules explicitly that one cannot fulfill the obligation of hearing the Haftara from an individual reading out of a Chumash, or even a Tanach. Unless the Ba'al Keri'ah leins the Haftara from a Nach written on a parchment scroll, the congregation must read along (preferably in an undertone I assume, although by many Chassidim I have seen the congregation drowning out the Ba'al Keri'ah) form their respective Chumashim. Yosef Gavriel Bechhofer c/o Shani Bechhofer <sbechhof@...> http://www.geocities.com/Heartland/Plains/6147 ---------------------------------------------------------------------- From: Menashe Elyashiv <elyashm@...> Date: Tue, 28 Oct 1997 08:35:50 +0200 (WET) Subject: Migdol & Magdil The Minhag Sepharadi is to say Migdol on: Days that Musaf is said Seuda Riviit (Melava Malka) - except if it is after Yom Kippur (because it is not a Melava Malka) Seudat Purim, Seudat Brit (but not Sheva Brahot) The reasons are Kabbalic. BTW, R. Amram Aburavia in his Netivai Am wrote that Migdol should be said also on Yom Haasmaout! ---------------------------------------------------------------------- From: Yosef Gavriel Bechhofer <sbechhof@...> Date: Mon, 27 Oct 1997 01:30:25 -0600 (CST) Subject: Migdol, Magdil The Rogatchover has an exquisite explanation of why we say Migdol on Shabbos and Magdil on weekdays. The Gemara forbade the study of any passages in the portion of Tanach known as "Kesuvim" on Shabbos, because this pursuit proved more appealing to the masses than attending the halachic discourses generally held on Shabbos that Chazal deemed more vital. The song of Dovid from which the line "Magdil/Migdol yeshu'os malko etc. appears both in Kesuvim and Nevi'im. The version that has magdil is from Kesuvim, the version that has migdol is from Nevi'im (Shmuel) - in order to remind us of the prohibition of perusing Kesuvim on Shabbos the difference was instated. Yosef Gavriel Bechhofer c/o Shani Bechhofer <sbechhof@...> http://www.geocities.com/Heartland/Plains/6147 ---------------------------------------------------------------------- From: <isrmedia@...> (Yisrael Medad) Date: Sun, 26 Oct 97 20:06:45 PST Subject: RE: Mourning during Chag Here at Shiloh, a 10 year old died of heart failure stemming from a birth defect at the end of Shabbat during Chag. The burial was the next day but besides the saying of Kaddish, the family practiced no outward signs of mourning, that is, they encircled the Bimah during the Hoshanot saying and danced during Simchat Torah. Yisrael Medad ---------------------------------------------------------------------- From: Mike Fischer <miketran@...> Date: Mon, 27 Oct 1997 00:10:26 -0500 Subject: Re: Shir Ha'Ma'alot and Al Naharot Bavel From: <NJGabbai@...> (Jeff Fischer) > As far as Shir Ha'Ma'alot and Al HaNaharot Bavel are concerned, Shir > HaMa'alot is said on any day that we do not say Tachanun and Al > HaNa'arot is said on days that we do say Tachanun. Jeff, what about days on which we say Tachanun during part of the day and the rest of it we don't, like Fridays (Tachanun in shachrit and none at mincha?) What do we say at "lunch" on Fridays? You are eating a seuda on a "regular" Thursday when Tachanun is said and a man who was just married two days earlier came into the lunchroom to join you. A) Do you say shir hamaalot? B) If the chatan joined you and another male to form a group of three or eight to form a minyon. Do you say shir hamaalot? C) What if you're celebrating a personal simcha like a siyum on a volume of the talmud. Do you say shir hamaalot? D) What about Yom HaAtzmaut. Do you say shir hamaalot? What if the group eating together don't share the same view about the whether or not Yom HaAtzmaut is a happy day. (May Hashem rapidly open their eyes to see the great miracle tahe Yom HaAtzmaut represents!) -- Mike (HaLevi) Fischer ---------------------------------------------------------------------- From: <StevenJ81@...> (Steve White) Date: Mon, 27 Oct 1997 18:38:06 -0500 (EST) Subject: Taking the Middle Road I'd like to propose a new spin on a couple of recent strings. (1) Maple syrup and batel b'shishim [nullified by 1 part in 60]: It seems to me that the actual position is neither that the bitul [nullification] is done b'diaved [after the fact, as in an accidental case], nor is it a case where the manufacturer is making something for the Jewish market using an ingredient which is known before the fact to be treif. Instead, he is simply trying to take a product he is already manufacturing for the gentile market and gain additional sales among the Jews. Here's the difference. If the manufacturer were making something for the Jewish community alone (or primarily), he would be required to change the ingredient, for if he did not, he would have few or no sales. In the current case, changing ingredients from lard to something else *might* be too expensive, and he might not be able to afford the margin hit that such a change would place on his entire manufacturing operation. On the other hand, he is willing to pay a supervising service to make sure everything (else) is entirely ok, because the additional cost of the supervision drives sales sufficiently to pay itself off. If the nullification l'chatchila [before the fact] is a legitimate halachic device when the product is being made primarily for non-Jews, why shouldn't such a hechsher be completely ok? Why wouldn't we want to encourage such a hechsher? (2) Answering amen to a broadcast: Three separate questions, not one: (a) *Must* one answer amen to a broadcast? (Evidently not) (b) Can one be yotzei anything by hearing something broadcast and answering amen? (Seems not, except perhaps in extremis, or maybe when the broadcaster and listener are in the same room) (c) Is there any reason *not* to answer amen to a broadcast? It seems to me that the answer to (c) is no, and that there might be a marit ayin [appearance of violating a halacha] problem in not answering. Steven White ---------------------------------------------------------------------- From: <janiceg@...> (Janice Gelb) Date: Mon, 27 Oct 1997 15:16:00 -0800 Subject: When Death Occurs on Yom Tov In vol 27 #17, John Kraus wrote: > I am just wondering if any one would know the Halacha that is practiced > around the world with respect to my question. On Simchat Torah Night, > one of my freinds mothers (A'H) past away. They went to the Rav of the > Yeshiva Communtiy, and they were told to start saying kadddish, not to > receive Hakafot or an Aliyah and not to dance. The 'proper' shiva was to > start after Shabbos on sunday .(Simchat Torah was on thrusday > night). The Adass communtiy, of which they are affiliated with wanted > the burial to be on second day Yom Tov. The family decided for numerous > reasons that the burial should take place on sunday. I have heard > various comments and thoughts on whether kaddish should have been said > before the burial or not, do you know of any cases like this ? Amazing that you should bring this up: a close friend's father died on Wednesday afternoon right before the first night of Sukkot, and I now know much more than I ever did before about the rules of mourning on yom tov. Although some authorities evidently permit burial on second-day yom tov, transportation issues and so on make it difficult to do so halachically. My friend also decided to wait until Sunday. During the time between the death and the funeral, she was told that she was in the same state as any avela between a death and the funeral, so I doubt kaddish should be said. In her case, as the funeral was during chol hamoed, they could not start the shiva until Simchat Torah (second day yom tov is evidently acceptable to count for shiva). Janice Gelb | The only connection Sun has with this <janice.gelb@...> | message is the return address. http://www.geocities.com/Area51/8018/index.html ---------------------------------------------------------------------- From: Larry Israel <VSLARRY@...> Date: Mon, 27 Oct 97 21:41:07 +0200 Subject: Re: When death occurs on Yom TOv where Shabbos directly follows The following is just anecdotal. When my father passed away on a Friday, and the funeral was to be on Sunday, the rabbi of his "shtiebl" told me to say kaddish on Shabbes, as there was nothing for me to do anyway. However, I noticed that Lamm's "The Jewish Way of Mourning", and the Kitzur Shulhan Aruch both say that you should not say kaddish unless you were going to say it anyway or if there is no other mourner. ----------------------------------------------------------------------
End of Volume 27 Issue 21