What are some Halachos of Tefillahs Haderech (part I)?

Question:

What are some Halachos of Tefillahs Haderech (part I)?

Discussion:

The custom is to say the tefillah in plural from even when travelling alone since this will help the tefillah have more of an affect (M.B. 110:19). The Mishna Berura also writes that a person should make sure to travel with food since when travelling it is possible for an accident to happen and he might find himself without kosher food.  Additionally, one should make sure to travel with Tallis and Teffilin even if he is planning to return the same day since it is possible that he will be delayed and miss the mitzvah. This is true even if he would be able to borrow someone’s Teffilin (M.B. 110:20).

One should stop travelling while saying Tefillahs Haderech; however, if this will cause him to delay and he will not be able to concentrate it may be said while traveling (S.A. 110:4). When traveling by plane, bus, or train and it is possible to stand while saying Tefillahs Haderech, one should do so (Aruch Hashulchan 110:11).  

The obligation of this tefillah is once a day while travelling. Therefore, if a person is traveling for two days and stops overnight, he should say this tefillah twice; this is true even if he resumes traveling while it is still night. If the stop was a short one and he continued traveling, a new tefillah is not made. If one is traveling the entire day and night, he should repeat the tefillah without the concluding bracha. Therefore, if one is on a cruise he should make sure to say Tefillahs Haderech each morning without the concluding bracha (Eishay Yisrael 50:4:13). 

If, upon reaching his destination, he changes his mind and wants to continue traveling, he should say Tefillahs Haderech again (S.A. 110:5).  

The bracha should ideally be connected to another bracha so if possible one should first go to the bathroom, make an Asher Yotzar, and then say tefillah Haderech. Another option would be to eat something, make a bracha achrona, and then say Tefillahs Haderech. If this is not possible, Tefillahs Haderech should be said anyway (M.B. 110:28).

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).     

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.  

Question:

What are some of the laws of Heseiba, Reclining?

Discussion:

On the night of the Seder, we are supposed to act as if we ourselves were taken out of Egypt. One of the ways we do this is by eating in the way of free men – which is to recline while eating (Shulchan Aruch HaRav 472:7).

One is required to recline at the following points in the Seder, while eating the Matzah, (this includes koraich and Afikomen) and while drinking each of the Four Cups. There is a discussion regarding reclining while eating the Karpas, one should follow his custom. If he has no specific custom he should recline since the dipping is to show freedom (Halachos of Pesach pg. 247)

The Opinion of the Ra’avyah:

There is an opinion that holds that since it is no longer the custom of nobility to recline it is no longer a sign of a free man is in unnecessary at the Seder. However, we generally do not follow this view since most poskim hold that it is still a sign of freedom.  Therefore, if one did not recline at the appropriate places he must redo the mitzvah. However, if one did not recline while drinking the first Cup he should not drink a new Cup.

Women:

The general custom is that women do not recline since it was never the custom of women to do so (even when it was normal for people to recline). Additionally, the opinion of the Ra’avyah is that no one is required to recline therefore the custom developed that women do not recline (M.B. 472:12).  

Question:

What are the laws of the 4 Cups?

Discussion:

 We drink four cups of wine at the Seder because wine is the drink of a “free man” (Pesachim 117b). Each of these cups is drunk after completing four mitzvos at the Seder. They are 1) Kiddush 2) reciting the Hagaddah 3) Bentching 4) Hallel. These cups must be drunk at the right place therefore if one drinks four cups one after the other he has not fulfilled his obligation (M.B. 472:26).

How much must I drink?

The cup must contain a “rivis” of wine (the exact meassurments will be the topic of a subsequent email.) and it is preferable to drink the entire cup one must drink at least a majority of the cup (M.B. 472:30). Additionally, it must be dunk in a specific amount of time there is some debate among the poskim as to what the exact time is the opinions range from one (or two swallows with minimal time in between) to nine minutes (M.B. 170:8; 472:34). If it took a person longer than nine minutes to drink rov rivis (most of a rivis) then a new cup should be drunk with a new bracha ( Shar Hatzyun 472:47).

Can I use Grape Juice?

There are two aspects in the mitzvah of the Four Cups, one is the act of drinking it and the other is the feeling of “freedom” that it represents. In order to fulfill both aspects one should use wine for the four cups even if it causes him some discomfort (O.C. 472:10). The Gemara says that the wine must have the appearance and taste of wine this means that grape juice should preferably not be used (Shulchan Aruch HaRav 742:27). One is permitted to mix the wine with grape juice provided that the wine taste is not lost. If one gets sick from drinking wine then he should use grape juice (M.B. 472:35).

Women and Children:

Women have an equal obligation in drinking the Four Cups as men do and therefore all the halachos that apply to a man are applicable to a woman as well. Like any other mitzvah, parents are obligated to train their children in the mitzvah when they reach the age that they can understand the mitzvah. The Cups should be drunk in the proper place and not all at once.  

Question:

What is the mitzvah of “Retelling the story of our exodus from Egypt”?

Discussion:

There is a unique mitzvah on the night of the Seder, which is the retelling of our freedom from Egypt. This is a Torah commandment that can only be fulfilled on the night of the Seder. Although the Torah uses the terms of a father telling the story to his son (Shemos 13:8) we know that everyone is obligated to retell the story.

Are women obligated in this mitzvah?

Women are obligated in this mitzvah however, there is some discussion if it is a Biblical obligation or a Rabbinic one. Either way they should make sure to participate in all the mitzvos of the night. The absolute minimum that a woman (or a man) must be part of is from “Raban Gamliel…” until the second cup has been drunk. There are some poskim that say women should also be present for the “Ten Plagues” as well.

However, it should be noted that women are obligated in all the mitzvos of the night and are therefore required to drink the four cups at their proper place in the Hagaddah as well as eating the matzo and marror (Beur Halacha 472:8). 

Children

There is a mitzvah of chinuch in all the mitzvos of the night. Therefore, once a child can understand the story he or she should participate in the Seder. Usually, this begins between the ages of 5 or 6 but it can vary depending on the child (Shulchan Aruch HaRav 472:25).

It is important for parents to ensure that their children sleep during the day so that they can stay up at night to hear the Hagaddah. They should not be put to sleep until after the Maggid part of the Seder is done. Obviously, as the children get older they should be encouraged to stay until the end of the Hagaddah. The Gemara relates that Rabbi Akiva used to leave the Bais Medrash to ensure that the children would take a nap during the day (Pesachim 109a). 

Question:

What are some halachos of Mattanos L’Evyonim?

Discussion:

Note: Many of these halachos come from the sefer Kovetz Halachos al Purim unless otherwise noted.

The minimum amount of money one must give is one dollar to each poor person (Kovetz Halachos al Purim). Some say that one should give enough money to purchase a small meal (e.g. a bagel and a coffee).

One can fulfill this mitzvah by giving a check- providing that there is a way to get cash for it (someone will cash it for him, the bank is open or a store will accept it etc. – Halichos Shlomo 19:23).

Women are obligated in this mitzvah. A married woman may fulfill her obligation with her husband’s donation (Aruch Hashulchan 694:2 see also 695:18). Some poskim say that a married woman should give her own Mattanos L’Evyonim.  A son that is supported by his father is obligated in this mitzvah as well. However, the father may pay for it using his own funds.

One is not obligated to train his children in this mitzvah.

There is a dispute as to whether one should give a large donation to two poor people, thereby giving them a lot of simcha, or giving many people a smaller amount. The Bach (§675) says it is better to give less to more people. Rav Elyashiv shlita is quoted as saying one should give a large amount to less people.

Money which is already designated for tzeddakah may not be used for Mattanos L’Evyonim. Similarly one cannot use maser money.

Money may be given to a tzeddakah collector before Purim providing that he will distribute the money on Purim itself.

The Halacha of “we give to any one that asks for tzeddakah on Purim” only applies to individual people. This does not apply to people collecting for institutions.