Selected Halachos from the “One Minute Halacha” project
By HaRav Yosef Yeshaya Braun, Shlita
Mara D’asra and member of the Badatz of Crown Heights
TILL WHEN MAY I WASH FOR SEUDA SHLISHIS?
We may not eat or drink once Shabbos is over until we have heard Havdala, unless we began a meal earlier by washing for bread; in that case we may continue the meal even after tzeis hakochavim (nightfall).
Poskim are divided about whether this prohibition applies from the beginning of bein hashmashos (twilight)—namely at shkiah (sundown)—or from tzeis hakochavim. There are many people who are lenient and do begin a meal after shkiah, but the primary halachic viewpoint is that the issur (prohibition) begins at shkiah.
There are poskim, though, who say that there’s room for leniency if one hadn’t eaten seuda shlishis (the third Shabbos meal) yet, and rule that it’s permissible to wash for bread even after shkiah due to the importance of this mitzvah. Others, on the other hand, maintain that starting a meal after shkiah is prohibited under any circumstance. One should therefore make sure to begin seuda shlishis before shkiah, or at least no later than immediately after shkiah*, thus avoiding any problems.
*) The exact amount of minutes differs according to location and season, a matter beyond the scope of this halacha.
KOL B’ISHAH: WOMEN SINGING IN THE PRESENCE OF MEN
The halacha of kol b’ishah ervah is that a man may not hear a woman or a girl singing. The accepted halacha is that the issur (prohibition) also applies to women singing in unison.
Women should therefore avoid singing if there are men present, or within earshot. A woman who sings in a man’s presence is liable for lifnei iver (the prohibition of placing a stumbling block in front of another).
A non-Jew isn’t forbidden by halacha to listen to a woman singing; rather, it’s an issue of tznius (modesty) for the woman. Therefore, it’s best to avoid singing when non-Jewish men are around, as well.
MAY I LEAVE MONEY OUT TO DETERMINE WHETHER MY CLEANING HELP IS STEALING?
If one suspects their cleaning help of stealing they may be tempted to leave money in an obvious place to confirm their suspicion, and to catch the would-be thief red-handed.
The Ben Ish Chai writes, and other poskim concur, that the above ploy is only permitted if the owner declares the money hefker (ownerless). However, in a t’shuva (responsum) in his work, Torah Lishma, the Ben Ish Chai ruled that doing so is absolutely forbidden—even if the money was made hefker.
This is because the prohibition of lifnei iveir (placing a stumbling block before the unsuspecting) includes also causing someone to intend to sin and applies to unsuspecting non-Jews as well. There are other ways to find out whether someone is stealing, and to better protect one’s valuables; setting a trap is not permitted by halacha.
AM I RESPONSIBLE FOR TZ’DAKA MONEY STOLEN FROM MY HOUSE?
Whether or not one is responsible for replacing tz’daka money that was stolen while in their possession depends on their shomer (guardian) status. Following are some of the general guidelines:
If the tz’daka money had not been designated to a particular recipient yet, no one has a claim to it; thus the one that was holding the money doesn’t have the status of a shomer, and is not obligated to replace it. There is, however, room for stringency latzeis yedei Shamayim (to do the right thing).
If a specific amount of money was earmarked for a recipient the person holding the money is considered a shomer. If the guardian receives no benefit from guarding the money, they have the status of a shomer chinam (an unpaid guardian). Therefore, if the money was guarded properly and not left in a pushka in full view, or other unsafe place, they are exempt from replacing the money. Nonetheless, it’s recommended to be stringent, and repay the money to tz’daka.
In a case that they do derive benefit from safeguarding the money—either through the prestige accorded a gabbai tz’daka (one officially in charge of tz’daka funds), or because they often borrow from the tz’daka fund—they are regarded as a shomer sachar (a paid guardian) and are obligated to replace the loss.
If one’s own tz’daka money (such as money set aside for maaser) was stolen, their (the victim’s) commitment to tz’daka may remain unfulfilled until the money is replaced. Whether or not they are required to replace the money depends on many factors, but those are beyond the scope of this halacha.
In case it’s determined that maaser money has to be replaced, one may deduct the sum of the stolen money from their total income, thus lowering the amount they owe for maaser.
WHAT DO I DO IF I REALIZE THAT MY HOST’S KASHRUS STANDARDS ARE NOT UP TO MY OWN?
Those with high kashrus standards must sometimes choose between offending their host and compromising their principles.
It should be noted that stating the issues—what on the menu they feel comfortable eating, and what they don’t—in a polite, mentchliche (sensitive) manner will often go over without the host being offended.
However, in an uncomfortable situation, one may be lenient and use utensils that came in contact with food that one avoids due to a chumra (stringency). Similarly, if necessary, one may eat food that is mutar b’dieved (permitted after the fact), which they don’t usually eat. Obviously, none of this applies if the food is assur min hadin (inherently forbidden).
On their part, hosts should be sensitive to their guest’s needs and refrain from serving food that is not up to their guest’s kashrus standards. This is actually a halachic requirement, and not merely proper etiquette.
I TOOK ON A HACHLATA, BUT NOW I WISH I HADN’T. MAY I STOP IT?
If one undertook a minhag tov (positive practice) such as prishus (abstaining from a certain indulgence) or a chumra (an added stringency in the performance of a mitzvah) with the intention of adhering to it permanently, or if they did it three times—after which it becomes halachically binding—they would have to do hataras nedarim (have the vow nullified by a beis din) if they wish to stop doing it. This is because the new practice has acquired the properties of a vow.
However, if the practice was based on a mistaken assumption—such as the incorrect notion that one should stand during a certain part of the davening—then it’s deemed a minhag ta’us (a mistaken practice), and it may be discontinued without resorting to hataras nedarim.
ONENESS OF HASHEM
Yichud Hashem, the unity and oneness of Hashem, is a fundamental mitzvah, “Ikar hagadol shehakol talui boi,” a primary principle upon which practically all of Yiddishkait is dependent. We need to be mindful of the oneness of Hashem when we say the word echad in Kriyas Shma and when we put on t’fillin; every time we pass a mezuzah, it should serve as a reminder of the mitzvah of Yichud Hashem. It is one of the six mitzvos that apply at all times, and is incumbent upon women as well. It encompasses the following concepts: Hashem is the only One Who controls the universe, and there is no other being in control other than Him; no one can stop His wishes from being fulfilled, and He alone is responsible for everything that happens; Hashem is omniscient and omnipotent, and no one is comparable to Him. A deeper level of the mitzvah of Yichud Hashem is addressed by the Shelah: Not only are we to believe that there is One G-d, as Hashem is the only One Who controls the universe; rather, Hashem is One, because there is no real existence other than Hashem—“Ein oid Milvado”. A proper understanding of this concept is beyond the scope of this article; for a more comprehensive study of this subject, one should explore the writings of Chassidus, which are based on this tenet.
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