Thursday, April 18, 2013


Question:
Can I make the “Berchas Elanos” after Nissan?

Discussion:
The Gemara in Brachos (43) tells us that “one who goes out during Nissan and sees trees that have begun to bud makes a bracha…” The Mishna Berura (226:1) writes that this bracha does not have to be said specifically in the month of Nissan but rather whenever the first time that you see a tree with buds on it you can make the bracha. The Mishna Berura comments further that this bracha is only to be made on a fruit bearing  tree.

This bracha should not be said on a spice tree since spices are not considered fruit (Maaseh Chemed Ch. 2 note 79).

The definition of a tree for this halacha is something that survives from year to year and lasts for at least three years (Chazon Ish).

If one did make a bracha on a non-fruit bearing tree he should not repeat the bracha since there are opinions that you can make the bracha on such a tree (Shevet Halevi 6:53:4). Additionally, he writes that if one made the bracha without even seeing the tree he should not repeat the bracha when he does see it.
It is preferable to make a bracha on two trees that are growing near each other rather than on one tree that is alone since the bracha was written in plural. However, if this is not possible then the bracha can be said on a single tree (Kitzos Hashulchan 66:18).     

Wednesday, April 10, 2013


Question:
Is one permitted to clap or whistle on Shabbos?
Discussion:
There is a rabbinic prohibition of producing sounds on Shabbos using an instrument. The reason for this is the rabbis were concerned that one may come to adjust the instrument and thereby perform the melacha of Makeh Bepatish (putting a finishing touch on an object).  The Rema (338:1) writes that this prohibition includes any object whose primary purpose is to create sound - not just musical instruments. He therefore writes that using a doorknocker on Shabbos would be prohibited (in extenuating circumstances it may be permitted see B.H. s.v. since).
Likewise it is forbidden to produce musical sounds using objects that are not intended to create sound, such as put covers, while singing (338:1 M.B.1; M.B. 339:3:9). It would be permitted to use these objects to make a sound that is not musical in nature such as to get someone’s attention.
Clapping:
In the times of Chazal singing and clapping often was accompanied by musical instruments. Chazal prohibited clapping while singing to ensure that musical instruments would not be used and perhaps adjusted. One can certainly clap in order to get someone’s attention or to wake someone up (Nishmas Shabbos 3:464). There are poskim that permitted clapping while singing for various reasons which are beyond the scope of this email (see Aruch Hashulchan 339:9; Iggros Moshe O.C. 2:100). One option which would be permitted according to all would be to clap in an unusual manner such as clapping the back of one hand on to the palm of the other (S.A. 339:3). Some poskim permit clapping while singing zimeros since this enhances the mitzvah (Nishmas Shabbos 3:463).
Whistling:
One is permitted to whistle on Shabbos as Chazal did not enact any ordinance regarding making noise with one’s mouth. This includes whistling made by putting one’s fingers in his mouth as well 338:1).
Dancing:
Dancing is also prohibited on Shabbos (339:3) however, the leniencies that apply to clapping apply to dancing as well.