DON’T SMILE: YOU’RE ON CCTV

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

I’M ATTENDING A YESHIVA DINNER. MAY I PAY WITH MAASER MONEY?

If one wishes to attend a dinner or Melaveh Malka for the benefit of a mosad (a religious institution), and they would like to pay using maaser money, they must first assess the dollar amount they would ascribe to the pleasure derived from such an event, including the food and the entertainment. (Other factors such as the market value or the mosad’s actual costs are irrelevant.) That amount must come out of their pocket, and anything beyond that may indeed be taken from maaser money, since it’s purely to support the cause.

SAYING T’FILLAS HADERECH ON A PLANE

T’fillas HaDerech should be recited if a person travels at least a parsa (approximately 2.4 miles) past ibura shel ir (the outskirts of the city). Ibura shel ir is equivalent to approximately 108 ft. after the last house of the city.

According to most poskim, this applies to travel by air as well. If the airport is beyond the limits of the city’s populated area, the t’filla should be said when traveling to the airport, after leaving city limits. If the airport is within the city limits, it should be recited on the plane; whether it can be said before takeoff—while technically still in the city—or one must wait until after takeoff is the subject of a dispute among halachic authorities.

If the t’filla wasn’t recited at the first opportunity, it may be said throughout the flight until the moment of landing. After landing, it may no longer be recited with Hashem’s name, unless the distance from the airport to the city of destination (where one will stay for the night) is at least a parsa.

DOES BEING RECORDED BY CCTV ON SHABBOS POSE A HALACHIC PROBLEM?

Video surveillance (using CCTV, closed-circuit television) systems are increasingly prevalent both on public and private properties. This raises the question of whether being filmed on Shabbos involves the issur of kosev (prohibition of writing/recording).

Most poskim rule that it isn’t a problem, due to a combination of the following reasons:

The person passing by has neither intention nor desire to be filmed. Although being recorded is a p’sik reisha (lit. translation: a chopped head which automatically results in death, meaning an inevitable outcome), it is lo nicha leih (a result that one distinctly prefers wouldn’t occur). Although it might be nicha leih if one was attempting to gain entry to a residence and being spotted on the monitor would expedite his entry, having the owners cover their monitor for the duration of Shabbos would circumvent this problem.

Walking isn’t the normal mode of kosev. Aside from being k’lachar yad (not in the usual manner), there are grounds for permitting an unintended melacha which occurs when one is going about their business, even if it’s an inevitable outcome.

It can be argued that recording on a video isn’t considered roshem (making a mark), a toldah (derivative) of kosev, since the recording isn’t visible unless the cassette is inserted into a player.

The cameras are recording nonstop, and whether the person appears in the video or not — has no impact on the camera’s continuous operation. Therefore, he isn’t responsible for what the camera records. Even if the camera only records when there is movement, the individual isn’t considered responsible for what the camera does.

DON’T SMILE: YOU’RE ON CCTV

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

I’M ATTENDING A YESHIVA DINNER. MAY I PAY WITH MAASER MONEY?

If one wishes to attend a dinner or Melaveh Malka for the benefit of a mosad (a religious institution), and they would like to pay using maaser money, they must first assess the dollar amount they would ascribe to the pleasure derived from such an event, including the food and the entertainment. (Other factors such as the market value or the mosad’s actual costs are irrelevant.) That amount must come out of their pocket, and anything beyond that may indeed be taken from maaser money, since it’s purely to support the cause.

SAYING T’FILLAS HADERECH ON A PLANE

T’fillas HaDerech should be recited if a person travels at least a parsa (approximately 2.4 miles) past ibura shel ir (the outskirts of the city). Ibura shel ir is equivalent to approximately 108 ft. after the last house of the city.

According to most poskim, this applies to travel by air as well. If the airport is beyond the limits of the city’s populated area, the t’filla should be said when traveling to the airport, after leaving city limits. If the airport is within the city limits, it should be recited on the plane; whether it can be said before takeoff—while technically still in the city—or one must wait until after takeoff is the subject of a dispute among halachic authorities.

If the t’filla wasn’t recited at the first opportunity, it may be said throughout the flight until the moment of landing. After landing, it may no longer be recited with Hashem’s name, unless the distance from the airport to the city of destination (where one will stay for the night) is at least a parsa.

DOES BEING RECORDED BY CCTV ON SHABBOS POSE A HALACHIC PROBLEM?

Video surveillance (using CCTV, closed-circuit television) systems are increasingly prevalent both on public and private properties. This raises the question of whether being filmed on Shabbos involves the issur of kosev (prohibition of writing/recording).

Most poskim rule that it isn’t a problem, due to a combination of the following reasons:

The person passing by has neither intention nor desire to be filmed. Although being recorded is a p’sik reisha (lit. translation: a chopped head which automatically results in death, meaning an inevitable outcome), it is lo nicha leih (a result that one distinctly prefers wouldn’t occur). Although it might be nicha leih if one was attempting to gain entry to a residence and being spotted on the monitor would expedite his entry, having the owners cover their monitor for the duration of Shabbos would circumvent this problem.

Walking isn’t the normal mode of kosev. Aside from being k’lachar yad (not in the usual manner), there are grounds for permitting an unintended melacha which occurs when one is going about their business, even if it’s an inevitable outcome.

It can be argued that recording on a video isn’t considered roshem (making a mark), a toldah (derivative) of kosev, since the recording isn’t visible unless the cassette is inserted into a player.

The cameras are recording nonstop, and whether the person appears in the video or not — has no impact on the camera’s continuous operation. Therefore, he isn’t responsible for what the camera records. Even if the camera only records when there is movement, the individual isn’t considered responsible for what the camera does.