GETTING PAID TO DO NOTHING

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

THE CASE OF THE DOUBLE FRONT PORTAL

A common design for the entrance of a brick or stone house is a tzuras hapesach (an opening formed by two side posts and a lintel, i.e. a doorway) which consists of a brick (or stone) portal that is adjacent to a second doorframe made of wood supporting the front door. There is a machlokes (difference of opinion) among poskim whether in such a situation, the mezuzah should be placed on the outer jamb or the inner one.

Those that argue for the outer (brick) doorframe cite the ruling that the mezuzah should be placed on tefach hasamuch lechutz (the four finger-breadths closest to the outside), so that we encounter the mezuzah right upon entry to the home, and there is no part of the home (even the smallest area) that is not under the mezuzah’s protection.

The opposing view determines the halacha according to the s’vara (halachic argument) that when one doorframe is adjacent to another, the first is nullified by the presence of the second.

So, practically speaking, what should the homeowner do? If the brick portal is indeed canceled out by the inner doorframe, it is no longer considered a real entrance and the mezuzah placement is invalid. Furthermore, if the inner doorframe protrudes a tefach or more beyond the outer brick doorframe, a mezuzah on the outer portal may be deemed he’emik lah tefach (embedded a tefach into the doorpost), which is not kosher.

On the other hand, whereas the idea of tefach hasamuch lechutz is considered good practice, it is not me’akev (restrictive, i.e. halachically binding). Therefore, the preferable placement for the mezuzah in this set-up is on the inner doorframe, if possible. If the inner doorframe is narrower than the outer portal by a tefach or more, the mezuzah must be placed on the inner doorframe.

BLESS THE DRESS, BUT SHUN THE SHOES

The Rema mentions the custom of blessing a person who acquires a new item of clothing: Tivleh u’sechadesh (wear it out and get a new one). There is an exception: We do not give this particular bracha for new shoes. Shoes are made from leather, the skin of an animal, and it is inappropriate for us to wish that another animal be killed so the wearer may get yet another new pair.

Shulchan Aruch states that a person should recite the bracha of SheHechiyanu (“That we have reached the occasion,” which is recited for monumental events, like a new Yom Tov) upon purchasing or donning new clothes. This halacha has been abandoned by some people in current times since buying new clothing has become so commonplace—but they still make the bracha on very elegant or expensive clothing.

What about shoes? Poskim say that according to all opinions shoes are not considered fancy garments, even for the poor, so SheHechiyanu is not said when buying them, just as it is not said for new socks or other ordinary clothing. It seems that the reasoning for this halacha is that in the times of earlier poskim, new shoes were considered a constant need and other apparel, a luxury.

These days, however, shoes can be quite expensive, more so than regular clothing, and can last for much longer too. It is therefore questionable why we don’t say SheHechiyanu on them. Perhaps the explanation given above for not saying tivleh usechadesh can be applied to SheHechiyanu as well—but this explanation is a stretch.

Alternatively, perhaps shoes were simply always less important because they are constantly in the dirt. Perhaps, the reason the Shulchan Aruch states that SheHechiyanu is not recited on them was never on account of the regularity of their purchase (or their expense, which was always significant), but because their primary use is traversing the ground.

Although these explanations are difficult to sustain, it is nevertheless the prevailing custom not to say SheHechiyanu upon buying or donning new shoes.

I CANCELLED THE TAXI; MUST I PAY ANYWAY?

A customer who orders a taxi, and then cancels in advance with legitimate cause, is not required to pay.

On the other hand, if the driver lost another potential job because of the reservation, the customer is liable. The same applies if the driver already began traveling to the pick-up location and was unable to recoup his fare by engaging another customer.

The sum required of the customer is not full payment for the job, but an amount k’poel batel (like an idle worker), i.e. the going rate that a hiree would accept for “sitting on the job” within that time frame. This amount can be calculated at about half of a regular fare, after operating costs were deducted (unless there were any expenses incurred for this particular job, which can be added). However, in places where there is a minhag hamedinah (local custom) for compensation in such situations, that figure should be the pay standard.

A customer who hires a taxi, and then encounters an unreasonable delay in its arrival, may cancel without liability.

“One Minute Halacha” is a succinct daily presentation on practical Halacha in video, audio, and text formats, and can be accessed by phone at 718.989.9599, by email, halacha2go@gmail.com, or by WhatsApp 347.456.5665.