PRIVACY CONCERNS

Selected Halachos from the“One Minute Halacha” project

By HaRav Yosef Yeshaya Braun, ShlitaMara D’asra and member of the Badatz of Crown Heights 

VISITING GRAVES OF TZADDIKIM

There is an apparent contradiction in the Kisvei HaArizal (writings of the Arizal) regarding whether one should visit kivrei tzaddikim or not. In one place he writes that it is not recommended to go to cemeteries, and one should go only to a levaya (funeral)—which is a mitzvah. The reason he gives for not going to cemeteries is that the chitzonim (negative forces) that are there might latch on to the visitor. The Magen Avraham quotes this in Hilchos Tisha B’Av. In a different place the Arizal writes that going to kivrei tzaddikim is a very positive and holy deed, and that it is auspicious to daven there. The Arizal was heavily involved in identifying many unknown k’varim of earlier tzaddikim and visiting kivrei tzaddikim is integral to his teachings. Indeed, the significance of davening at kivrei tzaddikim is found in many places in Chazal.

One of the ways to resolve this apparent contradiction is as follows: If one is meharher b’teshuvah (repents in their heart) in order to purify themselves, and if they go to the mikvah before going to kivrei tzaddikim, then it is very constructive and a source of abundant blessings. However, if one is not spiritually prepared, they should not go. The Zohar mentions that one should fast before going to kivrei tzaddikim; many are accustomed to doing so before visiting any kever. However, the common custom is not to fast entirely; on the contrary, one should be sure to drink so that it should not be considered a complete fast. This is because it is the custom of non-Jews to fast before they visit their graves, and fasting could be a violation of v’doresh el hameisim (attempting to communicate with the dead). It is also important to give tzedakah when visiting a kever, and some also have the minhag of circling the kever or the beis hachayim (the cemetery) one or more times as part of their t’fillos.

PRIVACY IN ONE’S BACKYARD

Hezek re’iyah (harm caused by viewing) is the concept that one may not cause damage or discomfort to another, even by just looking. A practical application of this halacha is the prohibition of opening or installing a door or window through which one can look into another’s property. In the same vein, if two homeowners have adjacent backyards, one should not be able to see into the other yard. Therefore, if one of them so wishes, they have the right to insist that a wall be constructed between the backyards, the cost of which they share equally—regardless of the size of their respective properties; the wall should run the entire length of the yard so that no part of the yard is visible to the neighbor.

This halacha applies in any place where people wish to have some modicum of privacy, such as for example, if they wish to eat outside and don’t want their neighbors watching them. It applies even in places where the norm is not to have walls between backyards—which is the custom in many places these days.

CONFLICTING RABBINIC RULINGS WITHIN A COMMUNITY

Chazal (our Sages) interpret the mitzvah of “Lo Sisgodedu,” to mean “lo saasu agudos agudos”, that it is forbidden to divide a community into various factions—to have conflicting groups within one community who follow different halachic rulings. Such a situation creates machlokes gedolos (much discord) within Jewish communities. There are poskim who say that it is an issur d’Oraisa (Biblical prohibition), whereas others say it is an issur de’Rabbanan (Rabbinic prohibition). The beginning of the pasuk is, “Banim atem la’Hashem Elokeichem,”—Jewish people are children to Hashem, and since we are all children of one G-d, we should all act in a unified manner, with no disparity. When members of a community follow rulings that are at variance with each other, it appears kishtei Toros (as if there are two Torahs) and kishtei Elokus, chas v’shalom (as if there are two different gods, Heaven forbid).

There is a discussion in halacha regarding “shtei batei dinim be’ir achas” (two Rabbinic courts in one city), whether that violates the prohibition of Lo Sisgodedu or not. In many places nowadays there are various distinct communities living side by side. Poskim agree that if they originated elsewhere as separate communities there is no issue of Lo Sisgodedu. Certainly, if there is one Beis Din in one community, but the dayanim are divided, and act as if there were two different Batei Din, it is not acceptable. This can potentially result in a situation, mentioned above, where people within the same community follow different halachic rulings. Unquestionably, the Torah way is for the community to be united. The halacha is that in case a halachic decision isn’t unanimous, we are to follow the majority opinion.

REQUIREMENTS OF A MIKVAH FOR MEN

Tevilas Ezra—so called since it was instituted by Ezra HaSofer—which applies when a man immerses in a mikveh before praying because he requires purification, should ideally be in a mikvah filled by rainwater. Where rainwater is unavailable, forty se’a of mayim she’uvim (tap water) qualify, but it should be bekarka (in the ground); velo b’kli (but not in a receptacle above ground); a kiddie pool, for example, is unacceptable, whereas a receptacle built into the ground, such as a pool, usually qualifies as bekarka. The water should also not be zochalin (running)—it should be stationary. If there is a filter, it should be turned off prior to immersion; in case the filter cannot be turned off, it is still kosher. However, if someone is immersing in a mikvah for tosefes tahara (additional measure of purity), as some people do with varying frequencies—every day, on certain days of the week, on Friday, on Shabbos, or before Yom Tov—there are some poskim who maintain that it must be in rain water. Nevertheless, in this case too, if rainwater is unavailable, it is permissible to use mayim she’uvim—but it should preferably go behamshacha al gabbei karka (run a bit on the ground) for a distance of three t’fachim (handbreadths).

There is another option called Tisha kabin, which involves pouring nine kav (approx. 12-16 liters) of water on a person in an uninterrupted flow, which can be used if a person does not have access to a rainwater mikvah, a natural body of water, or even a pool. This method can be achieved by taking a shower for several minutes. To ascertain how many minutes are necessary, one can put a pail where it can catch the water to measure how long it takes for the water to reach the required shiur. There are additional details about this method that are beyond the scope of today’s halacha. If a kosher mikvah is available later on, one should immerse again.

MAY ONE RECITE TEFILLAS HADERECH ON BEHALF OF OTHERS?

It is important for all those who are traveling together to say Tefillas HaDerech (the Traveler’s Prayer) simultaneously. In case there are not enough siddurim available, an option is for one of the travelers to recite Tefillas HaDerech word by word, and for the others to repeat the words in unison.

Some have the practice of one person saying the tefilla and being motzi (fulfilling the obligation of) all the others in the group. In order for one person to be motzi others, the following conditions must be met: 1) The one saying the tefilla must have in mind to be motzi all the others. 2) The listeners must bear in mind that they are being yotzei through the reader. 3) They must hear every word. 4) They may not hear the tefilla through a microphone. After the conclusion of the tefilla they all should answer amen.

Even if all the above conditions are met, it is nevertheless not the preferred manner. The right way is for every person to say Tefillas HaDerech by themselves—but it should be said simultaneously.

PLAYING BALL ON SHABBOS 

We should utilize our time on Shabbos to increase in Torah study, and therefore playing ball and other similar pastimes are generally discouraged for adults. Poskim quote a Yerushalmi that a certain city was destroyed because its inhabitants played ball on Shabbos, demonstrating disrespect for the sanctity of Shabbos. In fact, playing ball on Shabbos outdoors poses a halachic problem, even for children, if it involves rolling the ball on the ground. According to many poskim, children may not play ball outdoors on Shabbos on a concrete floor either because of its similarity to an earthen floor—on which one may not roll a ball on Shabbos. In addition, playing ball in a park on Shabbos can also be problematic even if the park is surrounded by walls. The halacha is that one may not carry on Shabbos in an enclosed area that is larger than the shiur of beis sasayim—which is 5,000 square amos—if it was fenced in for non-residential purposes, such as gardens and orchards; the same halacha applies to parks as well.

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