DON’T STARE

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

MAY I GIVE MY EMPLOYEES POINTLESS WORK TO KEEP THEM BUSY?

The Torah enjoins us against tormenting an eved ivri (Jewish slave) with avodas perech (backbreaking labor); this includes giving the slave avoda sh’ein lah kitzvah (work with no discernible end), or work that serves no real purpose other than keeping him occupied. This raises the question whether an employer who sees that his employees are idling may assign them pointless work in order to keep them busy; does the prohibition of avodas perech apply in a work environment as well?

The halacha is that, based on the fact that an employee always has the option of refusing to work and/or quitting, as well as on the statements of many Rishonim that this prohibition applies only to slaves, it would be permissible to assign useless tasks in the workplace if it’s for the purpose of maintaining a good work ethic.

However, according to a minority opinion that an employee is deemed “acquired” by the employer, thus according him a status akin to an eved ivri, there is room for being stringent and refraining from assigning work without an inherent purpose. Certainly, it’s middas chassidus (pious behavior) not to assign avodas perech to an employee. In fact, it’s middas chassidus to treat even an eved kna’ani (non-Jewish slave) with the same degree of dignity that we would expect to be treated.

DOES ACCUMULATING DOUGH IN THE FREEZER CREATE A SHIUR FOR SEPARATING CHALLA?

One of the rules of hafrashas challa is that if different batches of dough are placed in the same bowl, even if each individual portion is less than the shiur (requisite amount) for separating challa, hasal metzarfan (the ‘basket’ [or receptacle] combines them) into one large dough; by virtue of the fact that they are in the same bowl, challa must now be separated. A tanur (oven), on the other hand, does not combine the batches of dough placed inside it; if each batch placed in the oven is less than the shiur, they remain exempt from challa.

A related, oft-asked question is whether storing different batches of dough, or even baked goods, in a fridge or freezer—whether for mishloach manos, for Shabbos, or for whatever reason—would serve to halachically combine those batches of dough in the manner described above. The common custom is that different batches of dough in the same freezer are not considered cumulative for separating challa. There are a number of reasons to justify this practice: the fridge and freezer are mechubar l’karka (connected to the ground by virtue of being plugged in); the portions of dough weren’t placed there with the intention to combine them; they’re in separate bags, and many other reasons. Although each of these factors on its own is not sufficient, these factors collectively serve to exempt the dough from becoming obligated in challa.

MAY I SEPARATE MAASER ON BEHALF OF FUTURE INCOME?

Maaser kesafim (the tithe from one’s income) follows a similar halachic formula to maaser dagan (the tithe from one’s produce). Maaser dagan applies to a new crop in Eretz Yisroel, which may not be consumed until a tenth has been set aside and been given to a Levi. This maaser must consist of the produce from that year’s harvest, and may not be given in advance on account of a future crop. This raises the question whether maaser kesafim may be separated and given to tz’daka (charity) on behalf of future earnings, or whether the restriction with regard to maaser dagan applies here as well.

The halacha is that one may in fact give maaser kesafim on account of future income. However, one should nevertheless separate maaser again when those earnings actually arrive and then one could keep it as reimbursement for the tz’daka that was laid out previously. Poskim state that it’s advisable to stipulate before committing to adopt the practice of separating maaser that it might be done in advance.

However, according to some poskim, if the status of the tz’daka recipient changes—i.e., they are no longer poor, or have unfortunately passed away—before the new income was earned, the obligation of maaser will have failed to be met; the earlier contribution cannot be regarded as going into effect now due to the altered circumstances.

MAY THE ELDERLY OR INFIRM USE A WHEELCHAIR ON THE STREET ON SHABBOS?

There is a discussion among poskim whether it’s permissible to use a wheelchair on Shabbos in a place where there is no eiruv. The gist of the question is whether a wheelchair can be viewed as being the same as a shoe or a garment, just like a cane for someone who can’t walk at all without it, and therefore shouldn’t be considered like carrying. The consensus among poskim, however, seems to be that a wheelchair is not in that category, and using it would therefore be regarded as carrying.

In fact, there are those who are of the opinion that a wheelchair may not even be used on Shabbos where it’s permissible to carry, or even on Yom Tov, although that opinion is not accepted in practice.

The related question of whether one may have a non-Jew push a Jew’s wheelchair outdoors on Shabbos in a place without an eiruv is a serious issue, and the answer depends on a number of factors. If being transported by the wheelchair is an absolute necessity, then one should discuss the matter on a case-by-case basis with a rav to determine whether it’s permissible. Going to shul on Shabbos, albeit of great importance, might not be considered a necessity according to halacha.

HOW LONG SHOULD THE CANDLES REMAIN BURNING AT A CHUPPA?

The minhag (custom) is that the unterfirers (the escorts) hold lighted candles while leading the chassan and kalla to the chuppa. Some of the reasons given for this custom are:

Candles represent simcha (joy).

“Ner”, candle in Hebrew, has the numerical value of 250, so two candles equal 500, which corresponds to the numerical value of “peru urvu”, the blessing to multiply and have children.

500 also corresponds to the combined number of organs in the bodies of a man and a woman—248 and 252, respectively.

It isn’t clear from the original sources for this minhag whether the candles are to be burning only while the unterfirers lead the couple to the chuppa, or whether they are supposed to remain alight throughout the chuppa. In fact, some people find it difficult to hold the candles aloft for the entire duration of the chuppa. Although customs vary, most of the reasons provided, however, seem to imply that the candles should remain burning until the chuppa is over. Moreover, there is an opinion that the chuppa must take place during daylight; if a chuppa takes place at night, keeping the candles burning throughout the chuppa could satisfy the opinion that the chuppa should take place only in the daytime.

STARING AT A WICKED PERSON

According to halacha, there are a number of things that one is assur l’histakel (forbidden to gaze at):

Assur l’histakel bifnei rasha (it’s forbidden to gaze at the face of wicked person)—yet many g’dolei Yisroel (Jewish sages) met the political leaders of their time, whether kings, czars or ministers who were reshaim, and exchanged greetings; they must surely have been looking at them.

Assur l’histakel bifnei keshes (it’s forbidden to gaze at a rainbow)—yet there’s a special bracha that we make upon seeing a rainbow, which necessitates looking at it.

One should also not be mistakel bifnei nasi (gaze at the Jewish leader of the generation), unless when learning Torah from him—yet there were many who seemingly didn’t comply with this either.

The solution to these conundrums is that there’s a distinction in halacha between histaklus and re’iyah: histaklus means gazing intently for an extended period of time, which would be a problem in any of the instances listed above, whereas re’iyah means looking briefly; thus taking a quick glance before making a bracha on a rainbow wouldn’t be a problem, and neither would briefly looking at a rasha or conversely a nasi.

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