https://halachipedia.com/api.php?action=feedcontributions&feedformat=atom&user=ChachamYHalachipedia - User contributions [en]2026-05-13T13:50:32ZUser contributionsMediaWiki 1.39.3https://halachipedia.com/index.php?title=Avoda_Zara&diff=32742Avoda Zara2024-02-01T17:19:20Z<p>ChachamY: /* Entering a Church */</p>
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<div>One of the pillars of the entire Torah is to run away from any form of service to any other God. It is a capital sin and extremely crucial to the observance of Torah. A Jew who violates this sin willingly is like he violated all of the Torah and he loses many of his halachic privileges as a Jew.<br />
==Background==<br />
* The Rambam (Avoda Zara 9:4) considers Christianity to be avoda zara. There is a large discussion within the opinion of Tosfot (Sanhedrin 63b s.v. asur) whether Christianity is considered avoda zara for non-Jews considering that they believe in the Trinity, which is a slight deviation from narrow monotheism. The opinion of Tosfot is cited by Rama OC 156. Pitchei Teshuva Y.D. 147:2 cites the Nodeh BeYehuda YD 148 who writes that the opinion of Tosfot is that Christianity is avoda zara just not for the purposes of swearing by the name of a pagan God. Rav Soloveitchik (Nefesh HaRav p. 230) quoted Rav Chaim as supporting the approach of the Nodeh BeYehuda.<br />
* The Rambam (Maachalot Asurot 11:7) considers Islam not to be avoda zara. Ritva Pesachim 25b s.v. vktav od disagrees and holds Islam is avoda zara. Radvaz 4:92 holds that even according to the Rambam one still would need to give up one's life before submitting to the beliefs of Islam and following all of their ways.<br />
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==Entering a Church==<br />
# Some hold that despite entering a church nowadays being a serious prohibition, entering a mosque is permitted.<ref>Yabia Omer YD 2:11 and YD 7:12 holds that entering a church is forbidden but entering a mosque is permitted since Islam is monotheistic. Igrot Moshe YD 3:129:6 agrees that entering a church is forbidden even if one is just going to look at the artwork. Tzitz Eliezer 14:91 holds that entering a church or a mosque is forbidden. [https://www.yutorah.org/lectures/lecture.cfm/915001/rabbi-hershel-schachter/traveling-to-eretz-yisrael/ Rav Hershel Schachter ("Traveling to Israel" min 43)] agreed with the Tzitz Eliezer that one may not enter a mosque.</ref><br />
# One may enter Maarat Hamachpelah since it was originally a Jewish structure and the Arabs can't halachically convert it into a mosque.<ref>[https://www.yutorah.org/lectures/lecture.cfm/915001/rabbi-hershel-schachter/traveling-to-eretz-yisrael/ Rav Hershel Schachter ("Traveling to Israel" min 43)]</ref><br />
# It is permitted to enter a church in order to save someone's life such as if one is a paramedic or a firefighter.<ref>[https://www.yeshiva.org.il/midrash/23372 Rav Mordechai Halpern on yeshiva.org.il] explained that it is a concern of ayvah not to save someone's life in a church building and that concern of pikuach nefesh allows one to enter.</ref><br />
# If a person who does maintenance on air conditioning units and is asked to fix one in a church and if he doesn't do so would lose a significant amount of money should not enter a church. He can hire a non-Jew to hire another non-Jew to enter in order to fix it.<ref>[http://halachayomit.co.il/he/default.aspx?HalachaID=681 halachayomit.co.il]. Rav Ovadia's footnotes printed in the new edition of Yabia Omer YD 2:11 makes this same point as well.</ref><br />
# It is permitted to enter a church to save one's life.<Ref>Shulchan Aruch Y.D. 157:3 following the Rosh as opposed to the Rashba.</ref><br />
# Some say that it is permitted to pray in a non-denominational prayer room.<ref>Shevet Hakehati 6:83 forbids davening in an interfaith chapel in an airport. His proof is from Biur Halacha 154:11 s.v. nerot that once the place is used for avoda zara it may not be used for davening to Hashem. Also, http://din.org.il/2017/08/22/%D7%91%D7%99%D7%AA-%D7%9B%D7%A0%D7%A1%D7%AA-%D7%94%D7%9E%D7%99%D7%95%D7%A2%D7%93-%D7%9C%D7%91%D7%A0%D7%99-%D7%9B%D7%9C-%D7%94%D7%93%D7%AA%D7%95%D7%AA/ argues that just like it is forbidden to enter a church it is forbidden to enter a non-denominational prayer room and the entire concept of having such a room is against the first two dibrot that religions are exclusive. However, Rav Moshe Feinstein in Mesoret Moshe v. 1 p. 46 is quoted by Rav Elimelech Bluth that it is permitted to pray in a non-denominational prayer room since it isn't designated for Christians specifically.</ref><br />
# It is permitted to sit or walk in the shade of a church.<ref>Shulchan Aruch Y.D. 142:10 writes that it is permitted to walk in the shade of a building of avoda zara but not inside or near the entrance. The Shach 142:22 explains that the building wasn't made for shade on the outside of the building so it is permitted. Shach adds that even sitting in the shade of a church is permitted.</ref><br />
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==Benefitting from Avoda Zara==<br />
# It is forbidden to look at a beautiful Avoda Zara or even artwork or decorations of Avoda Zara.<ref>Rabbenu Yerucham 17:5, Shulchan Aruch Y.D. 142:15</ref> Religious artwork which is not meant to decorate an avoda zara and is not served is not forbidden from benefit and can be looked at.<Ref>Shach 142:33</ref><br />
# It is forbidden to listen to musical instruments that are used to play for religious Avoda Zara services<ref>Shulchan Aruch Y.D. 142:15</ref> or even people singing songs in honors of avoda zara.<ref>Bet Hillel 142:2 based on Shulchan Aruch Y.D. 142:15</ref><br />
# It is permitted to walk in a place that one might see artwork for the avoda zara or hear songs for the avoda zara as long as one doesn't intend to benefit.<ref>Pesachim 25b, Rama Y.D. 142:15. Shach 142:34 adds that if it is a pesik reisha and inevitable that he will benefit from the sights or songs it is forbidden to go. Since it is possible to close one's eyes and ears it is not a pesik reisha. This is the opinion of Tosfot and Rosh, however, Ran Chullin 32a s.v. abaye that there is no concept of pesik reisha when discussing benefitting from something forbidden. If one intends to benefit it is forbidden, and if not it is permitted.</ref><br />
#It is forbidden to play music in front of avoda zara even if one is hired and paid for it.<ref>Darkei Teshuva 142:29 citing Chaim Byad 28</ref><br />
# It is forbidden to sit in the shade of avoda zara. If one is walking without intending to benefit from the shade it is permissible to pass by in the shade.<ref>Ran Avoda Zara 21a cited by Bet Yosef, Rama Y.D. 142:9</ref><br />
#It is forbidden to look at icons of avoda zara.<ref>Rivevot Efraim 3:497 based on Zohar 3:84 and Vayikra 19:4. He ponders whether it is permitted even to look at a picture of an icon of avoda zara found in a history book or encyclopedia.</ref><br />
# It is forbidden to look at and benefit from anything artistic or decorative that is meant to beatify avoda zara. If a person is passing by such art or decorations and one does not intend to look to benefit from it he may pass that way.<ref>Shulchan Aruch Y.D. 142:15, Shach 142:34</ref> Some say that he needs to actually close his eyes while walking there.<ref>Chachmat Adam 84:16 understands the Rosh Pesachim 2:2 to mean that indeed the person needs to actually close his eyes from seeing the decorations of avoda zara since otherwise it is a pesik reisha that he'll benefit from it. Halichot Shlomo (Nissan 14:12 p. 80) favors this approach rather than that of the [https://www.sefaria.org/Chofetz_Chaim%2C_Part_One%2C_The_Prohibition_Against_Lashon_Hara%2C_Principle_6.5.3?lang=bi&with=Be%27er%20Mayim%20Chaim&lang2=en Chafetz Chaim (Lashon Hara 6:14)] who permits leaving one's eyes open. Moadim Uzmanim 7:204 questions the Chafetz Chaim but has another approach to be lenient for other prohibitions besides avoda zara. See Shalmei Chayim Pesachim ch. 9 who explains this Chafetz Chaim. See Ritva Yoma 39a s.v. vim and Tosfot Yeshanim Yoma 39a s.v. hanashim who quote a dispute that seems to be relevant to this question.</ref><br />
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==To Save Your Life==<br />
# It is forbidden to worship another religion even to save your life.<ref>Shulchan Aruch Y.D. 157:1</ref><br />
# It is permitted to hide in a Church or house of worship of another religion in order to save your life.<ref>Shulchan Aruch Y.D. 157:3</ref><br />
See further [[Violating_Torah_to_Save_Your_Life#The_Big_Three]].<br />
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==Using a Name of Avoda Zara==<br />
#It is forbidden to use the name of an Avoda Zara whether there is or isn't a specific need.<ref>Shulchan Aruch Y.D. 147:1. See Chavot Yair 1 hasaga 11-12</ref><br />
# It is permitted to use the name of a Saint or another person who was defied since it was originally a mundane name that was then used for Avoda Zara. However, it is only permitted to do so not the same way non-Jews call that individual, which ascribes that individual honor. For example, it is permitted to say Nicholas but not Saint Nicholas.<Ref>Shulchan Aruch Y.D. 147:2 quoting Rabbenu Yerucham</ref> Practically, some poskim permit saying a place that begins San, Sao, or Saint since it refers to a place and not the Avoda Zara itself.<Ref>Rav Yakov Yisrael Fisher in Umka Dparsha 5770 p. 172 and Banei Banim 3:35:4</ref><br />
==Owning Symbols of Other Religions==<br />
See [[Drawing_or_Sculpting_Forbidden_Images]]<br />
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==Related Links==<br />
* [http://www.yutorah.org/lectures/lecture.cfm/822409/Rabbi_Ezra_Schwartz/Avodah_Zarah_in_the_Western_World Rabbi Ezra Schwartz (Avoda Zara in the Western World) on yutorah.org]<br />
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==Sources==<br />
<references/><br />
[[Category:Avoda Zara]]</div>ChachamYhttps://halachipedia.com/index.php?title=Techum&diff=31530Techum2023-06-26T15:51:58Z<p>ChachamY: /* Techum of Bronx */</p>
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<div>A person may not leave a certain area from where he started Shabbat. This boundary of where he cannot leave is called the ''techum'' (heb. תחום; lit. border). Every person has a unique techum depending on where he was at the beginning of Shabbat. It is forbidden to walk beyond one's techum on Shabbat, Yom Tov, or Yom Kippur.<ref>Shulchan Aruch O.C. 396:1, 495:1, 611:1. [https://ph.yhb.org.il/12-06-04/ Peninei Halacha] discusses why the allowance for ochel nefesh doesn't permit going beyond the techum on Yom Tov.</ref> In general, the techum boundary is 2000 [[amot]] beyond the immediate 4 [[amot]] area around a person.<ref>Shulchan Aruch O.C. 397:1, Kitzur Shulchan Aruch 95:1. Mishna Brurah 397:1 writes that some hold that walking beyond 12 [[mil]] on shabbat is a biblical prohibition, while others consider it a rabbinic prohibition. Magen Avraham 404:1 quotes a dispute between the Maharalbach 28 and Maharam Elshaker 41 whether 12 mil is deoritta for kelim. Ramban Eruvin 43a clearly hold it is deoritta even for kelim. Biur Halacha 404:1 is lenient to rely on Maharalbach since either way many rishonim hold that 12 mil is not deoritta.</ref><br />
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==Determining the techum==<br />
===Outside of a City===<br />
# If a person is alone in the desert, the techum extends 2000 [[amot]] beyond the 4 [[amot]] around him. If a person is in a house at the beginning of Shabbat, the techum is 2000 [[amot]] from outside the house.<ref>39 Melachos (Rabbi Ribiat, vol 4, pg 1386-7)</ref><br />
# If a person starts Shabbat outside a city he can determine the directions of his techum and have 2000 amot in each of those directions. He also is allowed to travel until the end of 2800 amot in the direction of the corners of the square he chose. Once he decided his square he cannot change it that Shabbat.<ref>Chazon Ish 110:24 based on Gra 345:1, Mishna Brurah 345:5. This is the opinion of the Rambam. According to the Rabbenu Tam (Eruvin 51a, Yoma 67a a person always can travel until 2800 amot even without choosing the square. However, Rashbam held that one's square is automatically determined to correspond with the north-south directions of the earth and then one can walk until the end of those corners. Tosfot Yoma and Rosh Eruvin reject Rabbenu Tam.</ref><br />
# If one starts Shabbat in a city, his techum is the entire city. In fact, the city is considered only 4 [[amot]] and one may walk beyond that city for 2000 [[amot]]. A city is considered like 4 amot whether or not it is a walled city.<ref>Tur 398:9, Bet Meir 398:1, Chayey Adam 76:11, Shaar Hatziyun 408:13</ref><br />
#Additionally, if he starts Shabbat outside a city but his techum entirely includes a city, the city is only considered 4 amot. For example, if one's dwelling place is 500 [[amot]] from a city and the city is 1000 [[amot]] long, the city is only considered 4 [[amot]]. Therefore, one is able to walk another 1496 [[amot]] after the city. However, if one's techum ends in the middle of the city, the city is not considered 4 [[amot]] and one may not walk beyond one's techum.<ref>Kitzur Shulchan Aruch 95:12</ref><br />
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===Techum of a City===<br />
# If one is in a village, town, or city, one may have 2000 [[amot]] from the outer bounds of the city, depending on the density of the houses.<ref>Kitzur Shulchan Aruch 95:2</ref> If there are 6 homes each within 70.66 [[amot]] of another home, they are considered a city and the techum would begin from 2000 [[amot]] outside the group of houses. Any home that is within 70.66 [[amot]] of the established city is included in the city. However, a house which is more than 70.66 [[amot]] from the other houses is not included in the city. The techum for residents of that house is 2000 [[amot]] from the edge of that house. Therefore, a suburban area with houses separated more than 70.66 [[amot]] are not considered part of a city and residents of a house only have 2000 [[amot]] from that house.<ref>39 Melachos (Rabbi Ribiat, vol 4, pg 1387-9). Rabbi Ribiat quotes the Minchat Shabbat who explicitly writes that we do have the halachic category of chatzerot nowadays in order to form a city. We still require that there's 2 houses to create a chetzer but if there's 6 houses we have a city. Torat Shlomo Eruvin 19:19 p. 144 explicitly writes that even though we don't use the chatzerot today like rooms you can create a city without chatzerot. See Chazon Ish OC 110:20 who supports this. However, Rav Hershel Schachter ([https://www.yutorah.org/sidebar/lecture.cfm/814168/rabbi-hershel-schachter/shiur-99-shabbos-dechiya/ Shabbat Shiur 99 (very end)] and [https://www.yutorah.org/sidebar/lecture.cfm/814233/rabbi-hershel-schachter/shiur-100-shabbos-chazer-vs-mavui/ Shabbat Shiur 100 (beginning)]) holds that nowadays we don't have a city for techum since we don't use our chatzerot today like a room of the house. Therefore, since we need 3 chatzerot to form a city (S"A 398:10) we can't have a city today. This is based on the Rama, Chazon Ish OC 65:52, and is discussed by Imrei Baruch Eruvin 40-41.</ref><br />
# Many cities have 2000 amot from the edges of the city. Generaly, the techum is drawn as a rectangle around the outermost extremities of the city along the directions of a compass; that is, the techum of the city is 2000 amot from the edge of the northern most house, eastern most house, southern most house, and western most house. However, if the city is already rectangle, L-shaped, or arc shaped may not have this extension of squaring off the city.<ref>39 Melachos (Rabbi Ribiat, vol 4, pg 1391-2)</ref> See [[#Squaring Off a City]] for details.<br />
# Because the laws of establishing a techum and extending the techum with a Eruv techumin are complicated one should consult a local Orthodox Rabbi. <ref>39 Melachos (Rabbi Ribiat, vol 4, pg 1393)</ref><br />
===Squaring Off a City===<br />
#Chazal learn from the Torah that a city is considered as having corners which are drawn according to the cardinal directions of the world.<ref>Eruvin 55a, Shulchan Aruch O.C. 398:3</ref> <br />
# A city that is a square or rectangle is not squared off because it already has corners, even though its corners do not align with the cardinal directions.<ref>Eruvin 55a, Shulchan Aruch O.C. 398:1</ref><br />
# A city that is a circle, triangle, pentagon, hexagon, or more sides are squared off.<ref>Eruvin 55a, Shulchan Aruch O.C. 398:2</ref><br />
# A city with two parallel sides, one side which is wider and one side that is shorter, such as a trapezoid, is squared off by making the shorter side as long as the longer side.<ref>Eruvin 55a, Shulchan Aruch O.C. 398:4</ref> <br />
# A city which has houses within 70.6 amot jutting out on one side, when squaring off the city, the city is measured by the furthest house in that direction.<ref>Eruvin 55a, Shulchan Aruch O.C. 398:6</ref><br />
# A city that is shaped like an L or a semicircle, if the ends are within 4000 amot, it is all considered one city and the area between its two ends is considered as though it was filled in with houses. If the ends are 4000 amot or more between the ends of the city, each branch of the city are considered separate and the area between them is not considered part of the city.<ref>Eruvin 55a, Shulchan Aruch O.C. 398:4</ref> Some are lenient to consider that area part of the city if from the line drawn between the two ends of the city and the middle of the city is less than 2000 amot. Additionally, some are lenient that if the ends gradually spread apart to consider the section of the ends where they are less than 4000 amot apart to be considered filled in.<ref>Rama 398:4</ref><br />
#There is a dispute whether a L shaped or triangular shaped city is squared off according to the cardinal directions or by the side that is straight.<ref>Shulchan Aruch Harav 398:3 and Chayei Adam 68:14 hold that a city that is a triangle or L shaped city is squared off by the cardinal directions. However, Chazon Ish 80 s.v. tos 54a and 110:23 maintains that a city which has one side that is straight is squared off in accordance with that side and not according to the cardinal directions.</ref><br />
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===Joining Cities===<br />
# If two cities are within 141.3 amot of each other they are considered like one city and the techum is drawn around both of them.<ref>Shulchan Aruch O.C. 398:7</ref><br />
# If when drawing the square around a city that would include part of another city, some poskim hold that the two cities are considered one large city and the techum is drawn around both of them.<ref>Minchat Yitzchak 8:33 explains that since the squaring of a city is taken into account before we add the 70 amot of the city if the squaring off of a city includes another city everything should be considered one large city. His proof is the concept of Eruvin 55a that the arms of a bow-shaped city join as long as they are within 4000 amot of each other. The Chazon Ish 110:16 wasn't sure whether or not the cities join when the squaring off of each other join. Rav Chaim Kanievsky in [http://www.hebrewbooks.org/pdfpager.aspx?req=49174&st=&pgnum=383 Shoneh Halachot 398:19 and 21] writes that Chazon Ish held that they do join but left it unresolved (הדבר צריך הכרע). Zecher Tzvi (techum Shabbat p. 21) holds that one can be lenient based on Chazon Ish. Dirshu 398:21 quotes Rav Dovid Landau who holds that since Chazon Ish left this unresolved one must be strict. Dirshu 398:21 cites Rav Wosner (Kitzur Hilchot Medidat techumin) as holding that one can be lenient, but Rav Elyashiv as holding that one should be strict. [https://www.hebrewbooks.org/pdfpager.aspx?req=21547&st=&pgnum=250 Mechzeh Eliyahu 1:74] and 77 is lenient. Machneh Yisrael of Rabbi Dimitrovsky p. 19-22 writes that one who is lenient has what to rely upon and supports this from the Rambam and Meiri. He also cites Rav Elyashiv as being strict. Mdarkei Hatechum p. 18 quotes Rav Dovid Feinstein, Rav Belsky, Rav Elyashiv, and Rav Nissim Karelitz as holding that we cannot cities based on the squaring off of the city.</ref><br />
#This dispute directly impacts if one may walk from Brooklyn to Manhattan. If one is lenient about the above question, if someone starts Shabbat in Manhattan he can walk to Brooklyn and vice versa. If one is strict about the above dispute he may not.<Ref>Mdarkei Hatechum p. 19</ref> <br />
#Nontheless, even those who are strict not to consider both cities to be like one large city agree that if someone starts Shabbat within the squaring off of the techum of one city he may walk throughout that city. For example, if he starts Shabbat in a specific section of Manhattan that is within the squaring off of the techum of Brooklyn, he may walk throughout Brooklyn on Shabbat.<ref>Mdarkei Hatechum p. 19</ref><br />
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==Techum of Specific Cities==<br />
===Techum of Manhattan===<br />
#There are two ways to square off the city of Manhattan to determine its techum.<br />
##Method 1: One way is to draw a rectangle using the western side as a single straight side. A parallel line is drawn with the same length at the same angle to the east of the island. Then two shorter sides are drawn perpendicular to the parallel lines to complete the rectangle. This is Chazon Ish's method to squaring off a city. According to this a small section of Brooklyn and possibly a tiny section of Jersey City are included in the squaring off of Manhattan. <br />
##Method 2: Another way of squaring off Manhattan is to square it off based on the cardinal directions. The western border is drawn from the western most part of the island, and the same is done for the other directions so that there is a rectangle which aligns with the cardinal directions. This squaring off of Manhattan easily protrudes into Brooklyn as well as Fort Lee.<ref>Rav Yitzchak Shpitzer and Rav Yechezkel Shraga Weiss (Poalim Ltorah v. 17 pp. 113-131)</ref><br />
<center><gallery><br />
Ribu'a of Manhattan (Chazon Ish).png|Method 1: along the western side on [https://www.google.com/maps/d/u/0/edit?mid=1C_35EvqooOX1dJDROrMgWiz__xSp1J8&usp=sharing google maps]<br />
Ribu'a of Manhattan (Ruchot Haolam).png|Method 2: according to the cardinal directions on [https://www.google.com/maps/d/u/0/edit?mid=1C_35EvqooOX1dJDROrMgWiz__xSp1J8&usp=sharing google maps]<br />
</gallery></center><br />
#The ramification of this question is whether it is permissible to cross the Williamsburg bridge or Washington bridge on Shabbat. According to the Chazon Ish's squaring off of Manhattan both of these bridges would be beyond the techum; accordingly, it is forbidden to cross these on Shabbat. According to the other method, both of these bridges and some adjacent area is within the squaring off of Manhattan; according to this view it is permissible to cross these bridges on Shabbat.<ref>Rav Yitzchak Shpitzer and Rav Yechezkel Shraga Weiss (Poalim Ltorah v. 17 pp. 113-131)</ref><br />
#Yet, even according to Chazon Ish's view there are three other arguments that possibly could allow for crossing these bridges. 1) Chazon Ish suggests that cities join together if even just a small part of their squaring off overlap. Rav Elyashiv disagrees.<ref>See [[#Joining_Cities]] above.</ref> If one were to be lenient on this question, then even according to the first method of squaring off Manhattan it joins with Fort Lee and Brooklyn. 2) Tunnels with buildings on top potentially join cities. 3) The Williamsburg bridge had a booth for guards to watch the bridge. Some poskim hold that this makes the entire bridge like a dwelling place and then it would join Manhattan and Brooklyn together. In practice, some rabbis allow walking over the Williamsburg bridges and others do not.<ref>Rav Yitzchak Shpitzer and Rav Yechezkel Shraga Weiss (Poalim Ltorah v. 17 pp. 113-131). [https://www.yutorah.org/lectures/lecture.cfm/728838/rabbi-hershel-schachter/eruvin-shiur-118/ Rav Hershel Schachter (Eruvin 118, min 50-53)] also notes that whether Manhattan and Brooklyn join together for one techum depends on whether two overlapping techumin are considered one city.</ref><br />
===Techum of Bronx===<br />
#There are two methods of how to draw the techum of Bronx. Note, the main area of Bronx has contiguous settlement without breaks of 141.3 amot for most of Bronx, Yonkers, New Rochelle, Scarsdale, and White Plains. The map below demonstrates where highways like Bronx River Parkway, I-95, and 287 break up the settlement. Additionally, parks and rivers break up the settlement. Either way, the settlement does not spill over into Connecticut by measuring contiguous settlement.<br />
##Method 1: Perhaps Chazon Ish would draw the techum of Bronx as a rectangle beginning with the eastern side which is roughly straight and draw a rectangle from there.<br />
##Method 2: Bronx isn't a rectangle and so its techum is drawn according to the cardinal directions. Each border is drawn from the furthest point in that direction.<ref>[https://www.yutorah.org/lectures/lecture.cfm/728838/rabbi-hershel-schachter/eruvin-shiur-118/ Rav Hershel Schachter (Eruvin 118, min 53-56)] assumes Bronx is squared off by the cardinal directions.</ref><br />
<center><gallery><br />
Ikar Ha'ir Bronx.png|Outline of contiguous settlement of no breaks of 141 amot [https://www.google.com/maps/d/u/0/edit?mid=1uOaGMZ15akbgsoFYcisTlIciia1QzSY&usp=sharing google maps]<br />
Ribu'a of Bronx (Chazon Ish).png|Method 1: along the eastern side on [https://www.google.com/maps/d/u/0/edit?mid=1uOaGMZ15akbgsoFYcisTlIciia1QzSY&usp=sharing google maps]<br />
Ribu'a of Bronx (Ruchot Haolam).png|Method 2: according to the cardinal directions on [https://www.google.com/maps/d/u/0/edit?mid=1uOaGMZ15akbgsoFYcisTlIciia1QzSY&usp=sharing google maps]<br />
</gallery></center><br />
#Whether it is permitted to walk from Riverdale (Bronx) to Washington Heights (Manhattan) on Shabbat depends on how the techum of Bronx is squared. If Bronx is squared according to the cardinal directions then the 2000 amot techum around that square includes Washington Heights. Accordingly, it is permitted to walk from Riverdale to Washington Heights. However, Manhattan's squaring off (by either method) does not reach most of Riverdale. Accordingly it is forbidden to walk from Washington Heights to Riverdale on Shabbat.<ref>[https://www.yutorah.org/lectures/lecture.cfm/728838/rabbi-hershel-schachter/eruvin-shiur-118/ Rav Hershel Schachter (Eruvin 118, min 53-56)]</ref><br />
##Yet, other reasons to permit walking from Washington Heights to Riverdale include: 1) If two overlapping squares is considered one city, then Bronx and Manhattan are considered one city.<ref>[https://www.yutorah.org/lectures/lecture.cfm/728838/rabbi-hershel-schachter/eruvin-shiur-118/ Rav Hershel Schachter (Eruvin 118, min 50-56)]</ref> 2) If the tunnels between Bronx and Manhattan are considered as joining them, then they are considered one city.<ref>See Rav Yitzchak Shpitzer and Rav Yechezkel Shraga Weiss (Poalim Ltorah v. 17 pp. 113-131) and Tikkun Eruvin (fnt. 89).</ref> 3) If someone started Shabbat in a very small sliver of the west side of Washington Heights at the beginning of Shabbat, it is considered as though he was in the square of Bronx. If so, he can walk to Riverdale.<ref>See [[#Joining_Cities]] above.</ref><br />
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==Moving Packages Received on Shabbat==<br />
# If one isn't sure if an item was brought from beyond the techum on Shabbos, one may not to move it beyond 4 amot even though techum is rabbinic.<Ref>Beitzah 24b, Shulchan Aruch O.C. 515:1</ref><br />
# Even if the package was delivered from outside of the techum if the package was placed in a house or building then it can be moved within the house since the house walls are considered 4 amot.<ref>Shulchan Aruch O.C. 405:1 writes that people who leave the techum only have 4 amot. Shulchan Aruch 405:9 applies these laws to objects as well. Shulchan Aruch 405:6 writes that if a person left the techum accidentally or was forcibly was moved by non-Jews and ended up beyond the techum within a walled area the entire walled area is considered like 4 amot. However, if a Jew left the techum intentionally he only has 4 amot. However, with respect to objects that left the techum, Mishna Brurah 405:50 writes that if the objects left the techum and entered a walled area they can be moved within the entire walled area whether they were moved there intentionally or unintentionally.</ref><br />
#If a package was delivered from outside the techum on Shabbat for a Jew he cannot benefit from it on Shabbat or even after Shabbat the time it would take to bring it from beyond the techum. He is allowed to move the package up within 4 amot or if it is in a building within the walls of the building.<ref>Shulchan Aruch O.C. 325:8. Shulchan Aruch quotes two opinions about whether he must wait until the time it takes to bring it from beyond the techum in order to eat it. Mishna Brurah 325:40 implies that he is strict about this question, though he doesn't require waiting until Sunday morning the time it takes to deliver it from beyond the techum like the opinion Rama quotes.</ref><br />
<br />
==Walking to the edge of the techum==<br />
# It is forbidden to walk to the edge of the techum in order to leave on a journey quickly after Shabbat. However, if the action one is going to do after [[Shabbat]] could theoretically have been done on [[Shabbat]], it is not forbidden to walk tot the edge of the techum waiting for the end of [[Shabbat]]. For example, one may walk to the edge of the techum in order to bring one's animal back because theoretically one could have done this on Shabbat if there were houses extending the techum. Also one may walk to the edge of the techum in order to collect fruit which fell before [[Shabbat]] and aren't [[Muktzeh]] because theoretically one could have done so on [[Shabbat]] if there were walls surrounding the path (which would permit [[carrying on Shabbat]]). <ref>Kitzur Shulchan Aruch 90:3</ref><br />
# One may walk to one's garden within the techum in order to pick fruit after [[Shabbat]] since it is not evident that one is walking there for that purpose.<ref>Kitzur Shulchan Aruch 90:3</ref><br />
<br />
==Techum above Ten Tefachim==<br />
# There is an unresolved discussion in the Gemara whether there is techum above ten tefachim. We are lenient if a person started Shabbat above ten tefachim that he doesn't have a techum of two thousand amot as long as he didn't yet land or reach a place that is connected to the ground.<ref>Gemara Eruvin 43a-b, Shulchan Aruch OC 404:1</ref> This is relevant to a person who was on a boat at the beginning of Shabbat.<ref>Shulchan Aruch 404:1</ref><br />
# A wagon is considered within ten tefachim of the ground since the wheels rest on the ground and the wagon itself if bigger than 4 tefachim.<ref>Shoel Umeishiv 5:3</ref><br />
==Techum of Property==<br />
# A barrel that belongs to two people that was split up on Yom Tov, each part has the techum of the owner of that half even though it was only split up on Yom Tov.<ref> The Gemara Beitzah 37b records a dispute between Rav and Shmuel whether we hold of the concept of berierah. Berierah is that we can view an eventual decision as though it already happened to clarify what is the case now. Rav holds of it and Shmuel does not. The gemara’s conclusion (38a) is that for derabbanan concepts we hold of Berierah. This is codified by the Rambam (Yom Tov 5:20) and Shulchan Aruch 397:10.</ref><br />
==Boats==<br />
#Some permit getting on a boat before Shabbat even though the boat will travel more than the techum on Shabbat because the traveler isn't walking or moving himself, rather the water is moving the boat.<ref>Rashbam cited by Tosfot Eruvin 43a, Ramban Eruvin 43a, Rashba Eruvin 43a</ref> However, most rishonim disagree and hold that traveling more than the techum on a boat is forbidden.<Ref>Rabbenu Chananel Shabbat 19a, Rambam (teshuva 308-310), Ritva Eruvin 43a, Rif Shabbat 7b according to Bet Yosef 248. Maharik 45 understands that Rif can hold like Rashbam. Chazon Ovadia v. 1 pp. 127-130 proves that the poskim don't accept the Rashbam and that's how he holds.</ref> Nonetheless, there are other leniencies about traveling beyond the techum on a boat: <br />
## If the boat is always above 10 tefachim from the seabed there is no prohibition to go in the boat beyond techum since there is no techum above 10 tefachim in the water, according to many poskim.<ref> Rabbenu Chananel Shabbat 19a, Rambam (teshuva 308-310), Rif Shabbat 7b, Shulchan Aruch 248:2</ref><br />
##Some permit getting on a boat more than 3 days before Shabbat even though it is known that it will continue to travel on Shabbat more than the techum, even if it is within 10 tefachim.<Ref>Maharik 45, Rama 248:1, Shulchan Aruch Harav 248:3</ref><br />
## Nonetheless, it is forbidden to get on a boat on Shabbat itself.<Ref>Mishna Brurah 248:21</ref><br />
## If someone was on a boat from before Shabbat and it was always above 10 tefachim, he may get off the boat. Once he gets off the boat he only can walk 2000 amot. Some are strict to hold that he may not get off the boat.<ref>Gemara Eruvin 43a has a unresolved question about whether there is techumin above 10 tefachim. Rambam (teshuva 308) and Ramban (Eruvin 43a) are lenient if the question is only rabbinic. Rosh, however, is strict that there is techumin above 10 tefachim. According to Rambam and Ramban, it is permissible to get off the boat if he was on there from before Shabbat since his techum didn't begin while he was on the boat above 10 tefachim. According to Rosh he may not get off the boat. Shulchan Aruch 404:1 holds like Rambam and Ramban. Mishna Brurah 248:22 writes that it is permissible to disembark from the boat and go up to 2000 amot if he was on the boat from before Shabbat.</ref><br />
<br />
==Airplane that Landed on Shabbat==<br />
#It is forbidden to go on a plane that will land on Shabbat.<Ref>Igrot Moshe OC 3:97</ref><br />
#If someone was in an airplane that landed on Shabbat, because of circumstances beyond his control, there is a discussion if it is permitted to get off the plane because of techum. Some allow getting off the plane into the walkway that is attached to the plane and airport. Still one may not leave the airport unless it is included in the techum of the city.<Ref>Igrot Moshe OC 3:97 holds that even if there’s no techum while the airplane is moving, there is techum once it lands. Since from the point it landed until the terminal is more than 2000 amot, it is forbidden to get off the plane. He's discussing leaving from the plane onto the tarmac. techumei Shabbat p. 48 is lenient in extenuating circumstances to get off the plane into the walkway attached to the plane since it is all like 4 amot. See also Tzitz Eliezer 1:21:18.</ref><br />
<br />
==Someone who came from beyond the techum==<br />
#Someone who was brought against his will from beyond the techum and was brought against his will back into a walled area that area is considered like 4 amot.<ref><br />
* Rosh (perek mi shehotziyhu 10) holds that in order for the city to count like 4 amot for techumin it must have walls made for living. This is true both when acquiring techum at the beginning of Shabbat and if brought from beyond the techum and put into walls. <br />
* Rabbenu Yerucham (cited by Beit Yosef 405:6) holds that in order for the city to count like 4 amot it must have walls made for living only when brought from beyond the techum. However, when acquiring techum at the beginning of Shabbat walls aren't necessary. Biur Halacha (405:8 s.v. im) rules in according with this view. Dirshu 405:17 also infers this from Shaar Hatziyun 408:13.<br />
*Ramban (Eruvin 41a) holds that walls are never necessary for a city to be considered 4 amot. Biur Halacha (405:6 s.v. mukfet) writes that in an extenuating circumstance you can rely on this opinion, unlike Shulchan Aruch O.C. 405:6 who rules unlike Ramban.</ref><br />
==Who Needs An Eruv Techumin?==<br />
# A child up to the age of 7 follows his mother's techum.<ref>Ketubot 65b, Shulchan Aruch O.C. 414:2</ref><br />
<br />
==Links==<br />
# See a summary of the halacha's of techum with pictures on [http://www.techumshabbos.com/the-basic-halachos-in-a-rush.html techumShabbos.com]<br />
# [https://ph.yhb.org.il/category/%d7%a9%d7%91%d7%aa/30-%d7%aa%d7%97%d7%95%d7%9e%d7%99-%d7%a9%d7%91%d7%aa/ פניני הלכה, שבת פרק ל]<br />
<br />
==Sources==<br />
<references/></div>ChachamYhttps://halachipedia.com/index.php?title=File:Ikar_Ha%27ir_Bronx.png&diff=31529File:Ikar Ha'ir Bronx.png2023-06-26T15:46:27Z<p>ChachamY: https://www.google.com/maps/d/u/0/edit?mid=1uOaGMZ15akbgsoFYcisTlIciia1QzSY&usp=sharing</p>
<hr />
<div>== Summary ==<br />
https://www.google.com/maps/d/u/0/edit?mid=1uOaGMZ15akbgsoFYcisTlIciia1QzSY&usp=sharing</div>ChachamYhttps://halachipedia.com/index.php?title=Support_Obligations&diff=31528Support Obligations2023-06-26T13:56:37Z<p>ChachamY: Created page with "From chazal, a father is obligated to pay for the food of his child up to the age of seven.<ref>Ran (Ketubot 28b) explains that a father's obligation to pay for his child is based on his obligation to give food to his wife. Since a mother feeds her children, he is obligated to provide her with food for his child up to the age of seven.</ref> ==Sources== <references/>"</p>
<hr />
<div>From chazal, a father is obligated to pay for the food of his child up to the age of seven.<ref>Ran (Ketubot 28b) explains that a father's obligation to pay for his child is based on his obligation to give food to his wife. Since a mother feeds her children, he is obligated to provide her with food for his child up to the age of seven.</ref><br />
==Sources==<br />
<references/></div>ChachamYhttps://halachipedia.com/index.php?title=Marriage&diff=31527Marriage2023-06-26T13:54:23Z<p>ChachamY: </p>
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<div>*[[Halachot of Dating]]<br />
*[[Right Age to Marry]]<br />
*[[Scheduling a Wedding Date]]<br />
*[[Aufruf]]<br />
*[[Tenayim]]<br />
*[[Introduction to Kesuba]]<br />
*[[Badekin]]<br />
*[[Kiddushin]]<br />
*[[Nesuin]]<br />
*[[Wedding]]<br />
*[[Marrying More than One Wife]] ([[Cherem deRabbeinu Gershom]])<br />
*[[Day of Wedding]]<br />
*[[Attending a Wedding]]<br />
*[[Sheva Brachot]]<br />
*[[Shabbat Chattan]]<br />
*[[Shadchanut]]<br />
*[[Having Children]]<br />
*[[Support Obligations]]<br />
[[Category:Marriage]]<br />
[[Category:Between Man And His Fellow]]</div>ChachamYhttps://halachipedia.com/index.php?title=Techum&diff=31526Techum2023-06-26T13:51:55Z<p>ChachamY: /* Someone who came from beyond the techum */</p>
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<div>A person may not leave a certain area from where he started Shabbat. This boundary of where he cannot leave is called the ''techum'' (heb. תחום; lit. border). Every person has a unique techum depending on where he was at the beginning of Shabbat. It is forbidden to walk beyond one's techum on Shabbat, Yom Tov, or Yom Kippur.<ref>Shulchan Aruch O.C. 396:1, 495:1, 611:1. [https://ph.yhb.org.il/12-06-04/ Peninei Halacha] discusses why the allowance for ochel nefesh doesn't permit going beyond the techum on Yom Tov.</ref> In general, the techum boundary is 2000 [[amot]] beyond the immediate 4 [[amot]] area around a person.<ref>Shulchan Aruch O.C. 397:1, Kitzur Shulchan Aruch 95:1. Mishna Brurah 397:1 writes that some hold that walking beyond 12 [[mil]] on shabbat is a biblical prohibition, while others consider it a rabbinic prohibition. Magen Avraham 404:1 quotes a dispute between the Maharalbach 28 and Maharam Elshaker 41 whether 12 mil is deoritta for kelim. Ramban Eruvin 43a clearly hold it is deoritta even for kelim. Biur Halacha 404:1 is lenient to rely on Maharalbach since either way many rishonim hold that 12 mil is not deoritta.</ref><br />
<br />
==Determining the techum==<br />
===Outside of a City===<br />
# If a person is alone in the desert, the techum extends 2000 [[amot]] beyond the 4 [[amot]] around him. If a person is in a house at the beginning of Shabbat, the techum is 2000 [[amot]] from outside the house.<ref>39 Melachos (Rabbi Ribiat, vol 4, pg 1386-7)</ref><br />
# If a person starts Shabbat outside a city he can determine the directions of his techum and have 2000 amot in each of those directions. He also is allowed to travel until the end of 2800 amot in the direction of the corners of the square he chose. Once he decided his square he cannot change it that Shabbat.<ref>Chazon Ish 110:24 based on Gra 345:1, Mishna Brurah 345:5. This is the opinion of the Rambam. According to the Rabbenu Tam (Eruvin 51a, Yoma 67a a person always can travel until 2800 amot even without choosing the square. However, Rashbam held that one's square is automatically determined to correspond with the north-south directions of the earth and then one can walk until the end of those corners. Tosfot Yoma and Rosh Eruvin reject Rabbenu Tam.</ref><br />
# If one starts Shabbat in a city, his techum is the entire city. In fact, the city is considered only 4 [[amot]] and one may walk beyond that city for 2000 [[amot]]. A city is considered like 4 amot whether or not it is a walled city.<ref>Tur 398:9, Bet Meir 398:1, Chayey Adam 76:11, Shaar Hatziyun 408:13</ref><br />
#Additionally, if he starts Shabbat outside a city but his techum entirely includes a city, the city is only considered 4 amot. For example, if one's dwelling place is 500 [[amot]] from a city and the city is 1000 [[amot]] long, the city is only considered 4 [[amot]]. Therefore, one is able to walk another 1496 [[amot]] after the city. However, if one's techum ends in the middle of the city, the city is not considered 4 [[amot]] and one may not walk beyond one's techum.<ref>Kitzur Shulchan Aruch 95:12</ref><br />
<br />
===Techum of a City===<br />
# If one is in a village, town, or city, one may have 2000 [[amot]] from the outer bounds of the city, depending on the density of the houses.<ref>Kitzur Shulchan Aruch 95:2</ref> If there are 6 homes each within 70.66 [[amot]] of another home, they are considered a city and the techum would begin from 2000 [[amot]] outside the group of houses. Any home that is within 70.66 [[amot]] of the established city is included in the city. However, a house which is more than 70.66 [[amot]] from the other houses is not included in the city. The techum for residents of that house is 2000 [[amot]] from the edge of that house. Therefore, a suburban area with houses separated more than 70.66 [[amot]] are not considered part of a city and residents of a house only have 2000 [[amot]] from that house.<ref>39 Melachos (Rabbi Ribiat, vol 4, pg 1387-9). Rabbi Ribiat quotes the Minchat Shabbat who explicitly writes that we do have the halachic category of chatzerot nowadays in order to form a city. We still require that there's 2 houses to create a chetzer but if there's 6 houses we have a city. Torat Shlomo Eruvin 19:19 p. 144 explicitly writes that even though we don't use the chatzerot today like rooms you can create a city without chatzerot. See Chazon Ish OC 110:20 who supports this. However, Rav Hershel Schachter ([https://www.yutorah.org/sidebar/lecture.cfm/814168/rabbi-hershel-schachter/shiur-99-shabbos-dechiya/ Shabbat Shiur 99 (very end)] and [https://www.yutorah.org/sidebar/lecture.cfm/814233/rabbi-hershel-schachter/shiur-100-shabbos-chazer-vs-mavui/ Shabbat Shiur 100 (beginning)]) holds that nowadays we don't have a city for techum since we don't use our chatzerot today like a room of the house. Therefore, since we need 3 chatzerot to form a city (S"A 398:10) we can't have a city today. This is based on the Rama, Chazon Ish OC 65:52, and is discussed by Imrei Baruch Eruvin 40-41.</ref><br />
# Many cities have 2000 amot from the edges of the city. Generaly, the techum is drawn as a rectangle around the outermost extremities of the city along the directions of a compass; that is, the techum of the city is 2000 amot from the edge of the northern most house, eastern most house, southern most house, and western most house. However, if the city is already rectangle, L-shaped, or arc shaped may not have this extension of squaring off the city.<ref>39 Melachos (Rabbi Ribiat, vol 4, pg 1391-2)</ref> See [[#Squaring Off a City]] for details.<br />
# Because the laws of establishing a techum and extending the techum with a Eruv techumin are complicated one should consult a local Orthodox Rabbi. <ref>39 Melachos (Rabbi Ribiat, vol 4, pg 1393)</ref><br />
===Squaring Off a City===<br />
#Chazal learn from the Torah that a city is considered as having corners which are drawn according to the cardinal directions of the world.<ref>Eruvin 55a, Shulchan Aruch O.C. 398:3</ref> <br />
# A city that is a square or rectangle is not squared off because it already has corners, even though its corners do not align with the cardinal directions.<ref>Eruvin 55a, Shulchan Aruch O.C. 398:1</ref><br />
# A city that is a circle, triangle, pentagon, hexagon, or more sides are squared off.<ref>Eruvin 55a, Shulchan Aruch O.C. 398:2</ref><br />
# A city with two parallel sides, one side which is wider and one side that is shorter, such as a trapezoid, is squared off by making the shorter side as long as the longer side.<ref>Eruvin 55a, Shulchan Aruch O.C. 398:4</ref> <br />
# A city which has houses within 70.6 amot jutting out on one side, when squaring off the city, the city is measured by the furthest house in that direction.<ref>Eruvin 55a, Shulchan Aruch O.C. 398:6</ref><br />
# A city that is shaped like an L or a semicircle, if the ends are within 4000 amot, it is all considered one city and the area between its two ends is considered as though it was filled in with houses. If the ends are 4000 amot or more between the ends of the city, each branch of the city are considered separate and the area between them is not considered part of the city.<ref>Eruvin 55a, Shulchan Aruch O.C. 398:4</ref> Some are lenient to consider that area part of the city if from the line drawn between the two ends of the city and the middle of the city is less than 2000 amot. Additionally, some are lenient that if the ends gradually spread apart to consider the section of the ends where they are less than 4000 amot apart to be considered filled in.<ref>Rama 398:4</ref><br />
#There is a dispute whether a L shaped or triangular shaped city is squared off according to the cardinal directions or by the side that is straight.<ref>Shulchan Aruch Harav 398:3 and Chayei Adam 68:14 hold that a city that is a triangle or L shaped city is squared off by the cardinal directions. However, Chazon Ish 80 s.v. tos 54a and 110:23 maintains that a city which has one side that is straight is squared off in accordance with that side and not according to the cardinal directions.</ref><br />
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===Joining Cities===<br />
# If two cities are within 141.3 amot of each other they are considered like one city and the techum is drawn around both of them.<ref>Shulchan Aruch O.C. 398:7</ref><br />
# If when drawing the square around a city that would include part of another city, some poskim hold that the two cities are considered one large city and the techum is drawn around both of them.<ref>Minchat Yitzchak 8:33 explains that since the squaring of a city is taken into account before we add the 70 amot of the city if the squaring off of a city includes another city everything should be considered one large city. His proof is the concept of Eruvin 55a that the arms of a bow-shaped city join as long as they are within 4000 amot of each other. The Chazon Ish 110:16 wasn't sure whether or not the cities join when the squaring off of each other join. Rav Chaim Kanievsky in [http://www.hebrewbooks.org/pdfpager.aspx?req=49174&st=&pgnum=383 Shoneh Halachot 398:19 and 21] writes that Chazon Ish held that they do join but left it unresolved (הדבר צריך הכרע). Zecher Tzvi (techum Shabbat p. 21) holds that one can be lenient based on Chazon Ish. Dirshu 398:21 quotes Rav Dovid Landau who holds that since Chazon Ish left this unresolved one must be strict. Dirshu 398:21 cites Rav Wosner (Kitzur Hilchot Medidat techumin) as holding that one can be lenient, but Rav Elyashiv as holding that one should be strict. [https://www.hebrewbooks.org/pdfpager.aspx?req=21547&st=&pgnum=250 Mechzeh Eliyahu 1:74] and 77 is lenient. Machneh Yisrael of Rabbi Dimitrovsky p. 19-22 writes that one who is lenient has what to rely upon and supports this from the Rambam and Meiri. He also cites Rav Elyashiv as being strict. Mdarkei Hatechum p. 18 quotes Rav Dovid Feinstein, Rav Belsky, Rav Elyashiv, and Rav Nissim Karelitz as holding that we cannot cities based on the squaring off of the city.</ref><br />
#This dispute directly impacts if one may walk from Brooklyn to Manhattan. If one is lenient about the above question, if someone starts Shabbat in Manhattan he can walk to Brooklyn and vice versa. If one is strict about the above dispute he may not.<Ref>Mdarkei Hatechum p. 19</ref> <br />
#Nontheless, even those who are strict not to consider both cities to be like one large city agree that if someone starts Shabbat within the squaring off of the techum of one city he may walk throughout that city. For example, if he starts Shabbat in a specific section of Manhattan that is within the squaring off of the techum of Brooklyn, he may walk throughout Brooklyn on Shabbat.<ref>Mdarkei Hatechum p. 19</ref><br />
<br />
==Techum of Specific Cities==<br />
===Techum of Manhattan===<br />
#There are two ways to square off the city of Manhattan to determine its techum.<br />
##Method 1: One way is to draw a rectangle using the western side as a single straight side. A parallel line is drawn with the same length at the same angle to the east of the island. Then two shorter sides are drawn perpendicular to the parallel lines to complete the rectangle. This is Chazon Ish's method to squaring off a city. According to this a small section of Brooklyn and possibly a tiny section of Jersey City are included in the squaring off of Manhattan. <br />
##Method 2: Another way of squaring off Manhattan is to square it off based on the cardinal directions. The western border is drawn from the western most part of the island, and the same is done for the other directions so that there is a rectangle which aligns with the cardinal directions. This squaring off of Manhattan easily protrudes into Brooklyn as well as Fort Lee.<ref>Rav Yitzchak Shpitzer and Rav Yechezkel Shraga Weiss (Poalim Ltorah v. 17 pp. 113-131)</ref><br />
<center><gallery><br />
Ribu'a of Manhattan (Chazon Ish).png|Method 1: along the western side on [https://www.google.com/maps/d/u/0/edit?mid=1C_35EvqooOX1dJDROrMgWiz__xSp1J8&usp=sharing google maps]<br />
Ribu'a of Manhattan (Ruchot Haolam).png|Method 2: according to the cardinal directions on [https://www.google.com/maps/d/u/0/edit?mid=1C_35EvqooOX1dJDROrMgWiz__xSp1J8&usp=sharing google maps]<br />
</gallery></center><br />
#The ramification of this question is whether it is permissible to cross the Williamsburg bridge or Washington bridge on Shabbat. According to the Chazon Ish's squaring off of Manhattan both of these bridges would be beyond the techum; accordingly, it is forbidden to cross these on Shabbat. According to the other method, both of these bridges and some adjacent area is within the squaring off of Manhattan; according to this view it is permissible to cross these bridges on Shabbat.<ref>Rav Yitzchak Shpitzer and Rav Yechezkel Shraga Weiss (Poalim Ltorah v. 17 pp. 113-131)</ref><br />
#Yet, even according to Chazon Ish's view there are three other arguments that possibly could allow for crossing these bridges. 1) Chazon Ish suggests that cities join together if even just a small part of their squaring off overlap. Rav Elyashiv disagrees.<ref>See [[#Joining_Cities]] above.</ref> If one were to be lenient on this question, then even according to the first method of squaring off Manhattan it joins with Fort Lee and Brooklyn. 2) Tunnels with buildings on top potentially join cities. 3) The Williamsburg bridge had a booth for guards to watch the bridge. Some poskim hold that this makes the entire bridge like a dwelling place and then it would join Manhattan and Brooklyn together. In practice, some rabbis allow walking over the Williamsburg bridges and others do not.<ref>Rav Yitzchak Shpitzer and Rav Yechezkel Shraga Weiss (Poalim Ltorah v. 17 pp. 113-131). [https://www.yutorah.org/lectures/lecture.cfm/728838/rabbi-hershel-schachter/eruvin-shiur-118/ Rav Hershel Schachter (Eruvin 118, min 50-53)] also notes that whether Manhattan and Brooklyn join together for one techum depends on whether two overlapping techumin are considered one city.</ref><br />
===Techum of Bronx===<br />
#There are two methods of how to draw the techum of Bronx. <br />
##Method 1: Perhaps Chazon Ish would draw the techum of Bronx as a rectangle beginning with the eastern side which is roughly straight and draw a rectangle from there.<br />
##Method 2: Bronx isn't a rectangle and so its techum is drawn according to the cardinal directions. Each border is drawn from the furthest point in that direction.<ref>[https://www.yutorah.org/lectures/lecture.cfm/728838/rabbi-hershel-schachter/eruvin-shiur-118/ Rav Hershel Schachter (Eruvin 118, min 53-56)] assumes Bronx is squared off by the cardinal directions.</ref><br />
<center><gallery><br />
Ribu'a of Bronx (Chazon Ish).png|Method 1: along the eastern side on [https://www.google.com/maps/d/u/0/edit?mid=1uOaGMZ15akbgsoFYcisTlIciia1QzSY&usp=sharing google maps]<br />
Ribu'a of Bronx (Ruchot Haolam).png|Method 2: according to the cardinal directions on [https://www.google.com/maps/d/u/0/edit?mid=1uOaGMZ15akbgsoFYcisTlIciia1QzSY&usp=sharing google maps]<br />
</gallery></center><br />
#Whether it is permitted to walk from Riverdale (Bronx) to Washington Heights (Manhattan) on Shabbat depends on how the techum of Bronx is squared. If Bronx is squared according to the cardinal directions then the 2000 amot techum around that square includes Washington Heights. Accordingly, it is permitted to walk from Riverdale to Washington Heights. However, Manhattan's squaring off (by either method) does not reach most of Riverdale. Accordingly it is forbidden to walk from Washington Heights to Riverdale on Shabbat.<ref>[https://www.yutorah.org/lectures/lecture.cfm/728838/rabbi-hershel-schachter/eruvin-shiur-118/ Rav Hershel Schachter (Eruvin 118, min 53-56)]</ref><br />
##Yet, other reasons to permit walking from Washington Heights to Riverdale include: 1) If two overlapping squares is considered one city, then Bronx and Manhattan are considered one city.<ref>[https://www.yutorah.org/lectures/lecture.cfm/728838/rabbi-hershel-schachter/eruvin-shiur-118/ Rav Hershel Schachter (Eruvin 118, min 50-56)]</ref> 2) If the tunnels between Bronx and Manhattan are considered as joining them, then they are considered one city.<ref>See Rav Yitzchak Shpitzer and Rav Yechezkel Shraga Weiss (Poalim Ltorah v. 17 pp. 113-131) and Tikkun Eruvin (fnt. 89).</ref> 3) If someone started Shabbat in a very small sliver of the west side of Washington Heights at the beginning of Shabbat, it is considered as though he was in the square of Bronx. If so, he can walk to Riverdale.<ref>See [[#Joining_Cities]] above.</ref><br />
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==Moving Packages Received on Shabbat==<br />
# If one isn't sure if an item was brought from beyond the techum on Shabbos, one may not to move it beyond 4 amot even though techum is rabbinic.<Ref>Beitzah 24b, Shulchan Aruch O.C. 515:1</ref><br />
# Even if the package was delivered from outside of the techum if the package was placed in a house or building then it can be moved within the house since the house walls are considered 4 amot.<ref>Shulchan Aruch O.C. 405:1 writes that people who leave the techum only have 4 amot. Shulchan Aruch 405:9 applies these laws to objects as well. Shulchan Aruch 405:6 writes that if a person left the techum accidentally or was forcibly was moved by non-Jews and ended up beyond the techum within a walled area the entire walled area is considered like 4 amot. However, if a Jew left the techum intentionally he only has 4 amot. However, with respect to objects that left the techum, Mishna Brurah 405:50 writes that if the objects left the techum and entered a walled area they can be moved within the entire walled area whether they were moved there intentionally or unintentionally.</ref><br />
#If a package was delivered from outside the techum on Shabbat for a Jew he cannot benefit from it on Shabbat or even after Shabbat the time it would take to bring it from beyond the techum. He is allowed to move the package up within 4 amot or if it is in a building within the walls of the building.<ref>Shulchan Aruch O.C. 325:8. Shulchan Aruch quotes two opinions about whether he must wait until the time it takes to bring it from beyond the techum in order to eat it. Mishna Brurah 325:40 implies that he is strict about this question, though he doesn't require waiting until Sunday morning the time it takes to deliver it from beyond the techum like the opinion Rama quotes.</ref><br />
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==Walking to the edge of the techum==<br />
# It is forbidden to walk to the edge of the techum in order to leave on a journey quickly after Shabbat. However, if the action one is going to do after [[Shabbat]] could theoretically have been done on [[Shabbat]], it is not forbidden to walk tot the edge of the techum waiting for the end of [[Shabbat]]. For example, one may walk to the edge of the techum in order to bring one's animal back because theoretically one could have done this on Shabbat if there were houses extending the techum. Also one may walk to the edge of the techum in order to collect fruit which fell before [[Shabbat]] and aren't [[Muktzeh]] because theoretically one could have done so on [[Shabbat]] if there were walls surrounding the path (which would permit [[carrying on Shabbat]]). <ref>Kitzur Shulchan Aruch 90:3</ref><br />
# One may walk to one's garden within the techum in order to pick fruit after [[Shabbat]] since it is not evident that one is walking there for that purpose.<ref>Kitzur Shulchan Aruch 90:3</ref><br />
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==Techum above Ten Tefachim==<br />
# There is an unresolved discussion in the Gemara whether there is techum above ten tefachim. We are lenient if a person started Shabbat above ten tefachim that he doesn't have a techum of two thousand amot as long as he didn't yet land or reach a place that is connected to the ground.<ref>Gemara Eruvin 43a-b, Shulchan Aruch OC 404:1</ref> This is relevant to a person who was on a boat at the beginning of Shabbat.<ref>Shulchan Aruch 404:1</ref><br />
# A wagon is considered within ten tefachim of the ground since the wheels rest on the ground and the wagon itself if bigger than 4 tefachim.<ref>Shoel Umeishiv 5:3</ref><br />
==Techum of Property==<br />
# A barrel that belongs to two people that was split up on Yom Tov, each part has the techum of the owner of that half even though it was only split up on Yom Tov.<ref> The Gemara Beitzah 37b records a dispute between Rav and Shmuel whether we hold of the concept of berierah. Berierah is that we can view an eventual decision as though it already happened to clarify what is the case now. Rav holds of it and Shmuel does not. The gemara’s conclusion (38a) is that for derabbanan concepts we hold of Berierah. This is codified by the Rambam (Yom Tov 5:20) and Shulchan Aruch 397:10.</ref><br />
==Boats==<br />
#Some permit getting on a boat before Shabbat even though the boat will travel more than the techum on Shabbat because the traveler isn't walking or moving himself, rather the water is moving the boat.<ref>Rashbam cited by Tosfot Eruvin 43a, Ramban Eruvin 43a, Rashba Eruvin 43a</ref> However, most rishonim disagree and hold that traveling more than the techum on a boat is forbidden.<Ref>Rabbenu Chananel Shabbat 19a, Rambam (teshuva 308-310), Ritva Eruvin 43a, Rif Shabbat 7b according to Bet Yosef 248. Maharik 45 understands that Rif can hold like Rashbam. Chazon Ovadia v. 1 pp. 127-130 proves that the poskim don't accept the Rashbam and that's how he holds.</ref> Nonetheless, there are other leniencies about traveling beyond the techum on a boat: <br />
## If the boat is always above 10 tefachim from the seabed there is no prohibition to go in the boat beyond techum since there is no techum above 10 tefachim in the water, according to many poskim.<ref> Rabbenu Chananel Shabbat 19a, Rambam (teshuva 308-310), Rif Shabbat 7b, Shulchan Aruch 248:2</ref><br />
##Some permit getting on a boat more than 3 days before Shabbat even though it is known that it will continue to travel on Shabbat more than the techum, even if it is within 10 tefachim.<Ref>Maharik 45, Rama 248:1, Shulchan Aruch Harav 248:3</ref><br />
## Nonetheless, it is forbidden to get on a boat on Shabbat itself.<Ref>Mishna Brurah 248:21</ref><br />
## If someone was on a boat from before Shabbat and it was always above 10 tefachim, he may get off the boat. Once he gets off the boat he only can walk 2000 amot. Some are strict to hold that he may not get off the boat.<ref>Gemara Eruvin 43a has a unresolved question about whether there is techumin above 10 tefachim. Rambam (teshuva 308) and Ramban (Eruvin 43a) are lenient if the question is only rabbinic. Rosh, however, is strict that there is techumin above 10 tefachim. According to Rambam and Ramban, it is permissible to get off the boat if he was on there from before Shabbat since his techum didn't begin while he was on the boat above 10 tefachim. According to Rosh he may not get off the boat. Shulchan Aruch 404:1 holds like Rambam and Ramban. Mishna Brurah 248:22 writes that it is permissible to disembark from the boat and go up to 2000 amot if he was on the boat from before Shabbat.</ref><br />
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==Airplane that Landed on Shabbat==<br />
#It is forbidden to go on a plane that will land on Shabbat.<Ref>Igrot Moshe OC 3:97</ref><br />
#If someone was in an airplane that landed on Shabbat, because of circumstances beyond his control, there is a discussion if it is permitted to get off the plane because of techum. Some allow getting off the plane into the walkway that is attached to the plane and airport. Still one may not leave the airport unless it is included in the techum of the city.<Ref>Igrot Moshe OC 3:97 holds that even if there’s no techum while the airplane is moving, there is techum once it lands. Since from the point it landed until the terminal is more than 2000 amot, it is forbidden to get off the plane. He's discussing leaving from the plane onto the tarmac. techumei Shabbat p. 48 is lenient in extenuating circumstances to get off the plane into the walkway attached to the plane since it is all like 4 amot. See also Tzitz Eliezer 1:21:18.</ref><br />
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==Someone who came from beyond the techum==<br />
#Someone who was brought against his will from beyond the techum and was brought against his will back into a walled area that area is considered like 4 amot.<ref><br />
* Rosh (perek mi shehotziyhu 10) holds that in order for the city to count like 4 amot for techumin it must have walls made for living. This is true both when acquiring techum at the beginning of Shabbat and if brought from beyond the techum and put into walls. <br />
* Rabbenu Yerucham (cited by Beit Yosef 405:6) holds that in order for the city to count like 4 amot it must have walls made for living only when brought from beyond the techum. However, when acquiring techum at the beginning of Shabbat walls aren't necessary. Biur Halacha (405:8 s.v. im) rules in according with this view. Dirshu 405:17 also infers this from Shaar Hatziyun 408:13.<br />
*Ramban (Eruvin 41a) holds that walls are never necessary for a city to be considered 4 amot. Biur Halacha (405:6 s.v. mukfet) writes that in an extenuating circumstance you can rely on this opinion, unlike Shulchan Aruch O.C. 405:6 who rules unlike Ramban.</ref><br />
==Who Needs An Eruv Techumin?==<br />
# A child up to the age of 7 follows his mother's techum.<ref>Ketubot 65b, Shulchan Aruch O.C. 414:2</ref><br />
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==Links==<br />
# See a summary of the halacha's of techum with pictures on [http://www.techumshabbos.com/the-basic-halachos-in-a-rush.html techumShabbos.com]<br />
# [https://ph.yhb.org.il/category/%d7%a9%d7%91%d7%aa/30-%d7%aa%d7%97%d7%95%d7%9e%d7%99-%d7%a9%d7%91%d7%aa/ פניני הלכה, שבת פרק ל]<br />
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==Sources==<br />
<references/></div>ChachamYhttps://halachipedia.com/index.php?title=Techum&diff=31525Techum2023-06-26T05:01:58Z<p>ChachamY: /* Techum of Bronx */</p>
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<div>A person may not leave a certain area from where he started Shabbat. This boundary of where he cannot leave is called the ''techum'' (heb. תחום; lit. border). Every person has a unique techum depending on where he was at the beginning of Shabbat. It is forbidden to walk beyond one's techum on Shabbat, Yom Tov, or Yom Kippur.<ref>Shulchan Aruch O.C. 396:1, 495:1, 611:1. [https://ph.yhb.org.il/12-06-04/ Peninei Halacha] discusses why the allowance for ochel nefesh doesn't permit going beyond the techum on Yom Tov.</ref> In general, the techum boundary is 2000 [[amot]] beyond the immediate 4 [[amot]] area around a person.<ref>Shulchan Aruch O.C. 397:1, Kitzur Shulchan Aruch 95:1. Mishna Brurah 397:1 writes that some hold that walking beyond 12 [[mil]] on shabbat is a biblical prohibition, while others consider it a rabbinic prohibition. Magen Avraham 404:1 quotes a dispute between the Maharalbach 28 and Maharam Elshaker 41 whether 12 mil is deoritta for kelim. Ramban Eruvin 43a clearly hold it is deoritta even for kelim. Biur Halacha 404:1 is lenient to rely on Maharalbach since either way many rishonim hold that 12 mil is not deoritta.</ref><br />
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==Determining the techum==<br />
===Outside of a City===<br />
# If a person is alone in the desert, the techum extends 2000 [[amot]] beyond the 4 [[amot]] around him. If a person is in a house at the beginning of Shabbat, the techum is 2000 [[amot]] from outside the house.<ref>39 Melachos (Rabbi Ribiat, vol 4, pg 1386-7)</ref><br />
# If a person starts Shabbat outside a city he can determine the directions of his techum and have 2000 amot in each of those directions. He also is allowed to travel until the end of 2800 amot in the direction of the corners of the square he chose. Once he decided his square he cannot change it that Shabbat.<ref>Chazon Ish 110:24 based on Gra 345:1, Mishna Brurah 345:5. This is the opinion of the Rambam. According to the Rabbenu Tam (Eruvin 51a, Yoma 67a a person always can travel until 2800 amot even without choosing the square. However, Rashbam held that one's square is automatically determined to correspond with the north-south directions of the earth and then one can walk until the end of those corners. Tosfot Yoma and Rosh Eruvin reject Rabbenu Tam.</ref><br />
# If one starts Shabbat in a city, his techum is the entire city. In fact, the city is considered only 4 [[amot]] and one may walk beyond that city for 2000 [[amot]]. A city is considered like 4 amot whether or not it is a walled city.<ref>Tur 398:9, Bet Meir 398:1, Chayey Adam 76:11, Shaar Hatziyun 408:13</ref><br />
#Additionally, if he starts Shabbat outside a city but his techum entirely includes a city, the city is only considered 4 amot. For example, if one's dwelling place is 500 [[amot]] from a city and the city is 1000 [[amot]] long, the city is only considered 4 [[amot]]. Therefore, one is able to walk another 1496 [[amot]] after the city. However, if one's techum ends in the middle of the city, the city is not considered 4 [[amot]] and one may not walk beyond one's techum.<ref>Kitzur Shulchan Aruch 95:12</ref><br />
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===Techum of a City===<br />
# If one is in a village, town, or city, one may have 2000 [[amot]] from the outer bounds of the city, depending on the density of the houses.<ref>Kitzur Shulchan Aruch 95:2</ref> If there are 6 homes each within 70.66 [[amot]] of another home, they are considered a city and the techum would begin from 2000 [[amot]] outside the group of houses. Any home that is within 70.66 [[amot]] of the established city is included in the city. However, a house which is more than 70.66 [[amot]] from the other houses is not included in the city. The techum for residents of that house is 2000 [[amot]] from the edge of that house. Therefore, a suburban area with houses separated more than 70.66 [[amot]] are not considered part of a city and residents of a house only have 2000 [[amot]] from that house.<ref>39 Melachos (Rabbi Ribiat, vol 4, pg 1387-9). Rabbi Ribiat quotes the Minchat Shabbat who explicitly writes that we do have the halachic category of chatzerot nowadays in order to form a city. We still require that there's 2 houses to create a chetzer but if there's 6 houses we have a city. Torat Shlomo Eruvin 19:19 p. 144 explicitly writes that even though we don't use the chatzerot today like rooms you can create a city without chatzerot. See Chazon Ish OC 110:20 who supports this. However, Rav Hershel Schachter ([https://www.yutorah.org/sidebar/lecture.cfm/814168/rabbi-hershel-schachter/shiur-99-shabbos-dechiya/ Shabbat Shiur 99 (very end)] and [https://www.yutorah.org/sidebar/lecture.cfm/814233/rabbi-hershel-schachter/shiur-100-shabbos-chazer-vs-mavui/ Shabbat Shiur 100 (beginning)]) holds that nowadays we don't have a city for techum since we don't use our chatzerot today like a room of the house. Therefore, since we need 3 chatzerot to form a city (S"A 398:10) we can't have a city today. This is based on the Rama, Chazon Ish OC 65:52, and is discussed by Imrei Baruch Eruvin 40-41.</ref><br />
# Many cities have 2000 amot from the edges of the city. Generaly, the techum is drawn as a rectangle around the outermost extremities of the city along the directions of a compass; that is, the techum of the city is 2000 amot from the edge of the northern most house, eastern most house, southern most house, and western most house. However, if the city is already rectangle, L-shaped, or arc shaped may not have this extension of squaring off the city.<ref>39 Melachos (Rabbi Ribiat, vol 4, pg 1391-2)</ref> See [[#Squaring Off a City]] for details.<br />
# Because the laws of establishing a techum and extending the techum with a Eruv techumin are complicated one should consult a local Orthodox Rabbi. <ref>39 Melachos (Rabbi Ribiat, vol 4, pg 1393)</ref><br />
===Squaring Off a City===<br />
#Chazal learn from the Torah that a city is considered as having corners which are drawn according to the cardinal directions of the world.<ref>Eruvin 55a, Shulchan Aruch O.C. 398:3</ref> <br />
# A city that is a square or rectangle is not squared off because it already has corners, even though its corners do not align with the cardinal directions.<ref>Eruvin 55a, Shulchan Aruch O.C. 398:1</ref><br />
# A city that is a circle, triangle, pentagon, hexagon, or more sides are squared off.<ref>Eruvin 55a, Shulchan Aruch O.C. 398:2</ref><br />
# A city with two parallel sides, one side which is wider and one side that is shorter, such as a trapezoid, is squared off by making the shorter side as long as the longer side.<ref>Eruvin 55a, Shulchan Aruch O.C. 398:4</ref> <br />
# A city which has houses within 70.6 amot jutting out on one side, when squaring off the city, the city is measured by the furthest house in that direction.<ref>Eruvin 55a, Shulchan Aruch O.C. 398:6</ref><br />
# A city that is shaped like an L or a semicircle, if the ends are within 4000 amot, it is all considered one city and the area between its two ends is considered as though it was filled in with houses. If the ends are 4000 amot or more between the ends of the city, each branch of the city are considered separate and the area between them is not considered part of the city.<ref>Eruvin 55a, Shulchan Aruch O.C. 398:4</ref> Some are lenient to consider that area part of the city if from the line drawn between the two ends of the city and the middle of the city is less than 2000 amot. Additionally, some are lenient that if the ends gradually spread apart to consider the section of the ends where they are less than 4000 amot apart to be considered filled in.<ref>Rama 398:4</ref><br />
#There is a dispute whether a L shaped or triangular shaped city is squared off according to the cardinal directions or by the side that is straight.<ref>Shulchan Aruch Harav 398:3 and Chayei Adam 68:14 hold that a city that is a triangle or L shaped city is squared off by the cardinal directions. However, Chazon Ish 80 s.v. tos 54a and 110:23 maintains that a city which has one side that is straight is squared off in accordance with that side and not according to the cardinal directions.</ref><br />
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===Joining Cities===<br />
# If two cities are within 141.3 amot of each other they are considered like one city and the techum is drawn around both of them.<ref>Shulchan Aruch O.C. 398:7</ref><br />
# If when drawing the square around a city that would include part of another city, some poskim hold that the two cities are considered one large city and the techum is drawn around both of them.<ref>Minchat Yitzchak 8:33 explains that since the squaring of a city is taken into account before we add the 70 amot of the city if the squaring off of a city includes another city everything should be considered one large city. His proof is the concept of Eruvin 55a that the arms of a bow-shaped city join as long as they are within 4000 amot of each other. The Chazon Ish 110:16 wasn't sure whether or not the cities join when the squaring off of each other join. Rav Chaim Kanievsky in [http://www.hebrewbooks.org/pdfpager.aspx?req=49174&st=&pgnum=383 Shoneh Halachot 398:19 and 21] writes that Chazon Ish held that they do join but left it unresolved (הדבר צריך הכרע). Zecher Tzvi (techum Shabbat p. 21) holds that one can be lenient based on Chazon Ish. Dirshu 398:21 quotes Rav Dovid Landau who holds that since Chazon Ish left this unresolved one must be strict. Dirshu 398:21 cites Rav Wosner (Kitzur Hilchot Medidat techumin) as holding that one can be lenient, but Rav Elyashiv as holding that one should be strict. [https://www.hebrewbooks.org/pdfpager.aspx?req=21547&st=&pgnum=250 Mechzeh Eliyahu 1:74] and 77 is lenient. Machneh Yisrael of Rabbi Dimitrovsky p. 19-22 writes that one who is lenient has what to rely upon and supports this from the Rambam and Meiri. He also cites Rav Elyashiv as being strict. Mdarkei Hatechum p. 18 quotes Rav Dovid Feinstein, Rav Belsky, Rav Elyashiv, and Rav Nissim Karelitz as holding that we cannot cities based on the squaring off of the city.</ref><br />
#This dispute directly impacts if one may walk from Brooklyn to Manhattan. If one is lenient about the above question, if someone starts Shabbat in Manhattan he can walk to Brooklyn and vice versa. If one is strict about the above dispute he may not.<Ref>Mdarkei Hatechum p. 19</ref> <br />
#Nontheless, even those who are strict not to consider both cities to be like one large city agree that if someone starts Shabbat within the squaring off of the techum of one city he may walk throughout that city. For example, if he starts Shabbat in a specific section of Manhattan that is within the squaring off of the techum of Brooklyn, he may walk throughout Brooklyn on Shabbat.<ref>Mdarkei Hatechum p. 19</ref><br />
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==Techum of Specific Cities==<br />
===Techum of Manhattan===<br />
#There are two ways to square off the city of Manhattan to determine its techum.<br />
##Method 1: One way is to draw a rectangle using the western side as a single straight side. A parallel line is drawn with the same length at the same angle to the east of the island. Then two shorter sides are drawn perpendicular to the parallel lines to complete the rectangle. This is Chazon Ish's method to squaring off a city. According to this a small section of Brooklyn and possibly a tiny section of Jersey City are included in the squaring off of Manhattan. <br />
##Method 2: Another way of squaring off Manhattan is to square it off based on the cardinal directions. The western border is drawn from the western most part of the island, and the same is done for the other directions so that there is a rectangle which aligns with the cardinal directions. This squaring off of Manhattan easily protrudes into Brooklyn as well as Fort Lee.<ref>Rav Yitzchak Shpitzer and Rav Yechezkel Shraga Weiss (Poalim Ltorah v. 17 pp. 113-131)</ref><br />
<center><gallery><br />
Ribu'a of Manhattan (Chazon Ish).png|Method 1: along the western side on [https://www.google.com/maps/d/u/0/edit?mid=1C_35EvqooOX1dJDROrMgWiz__xSp1J8&usp=sharing google maps]<br />
Ribu'a of Manhattan (Ruchot Haolam).png|Method 2: according to the cardinal directions on [https://www.google.com/maps/d/u/0/edit?mid=1C_35EvqooOX1dJDROrMgWiz__xSp1J8&usp=sharing google maps]<br />
</gallery></center><br />
#The ramification of this question is whether it is permissible to cross the Williamsburg bridge or Washington bridge on Shabbat. According to the Chazon Ish's squaring off of Manhattan both of these bridges would be beyond the techum; accordingly, it is forbidden to cross these on Shabbat. According to the other method, both of these bridges and some adjacent area is within the squaring off of Manhattan; according to this view it is permissible to cross these bridges on Shabbat.<ref>Rav Yitzchak Shpitzer and Rav Yechezkel Shraga Weiss (Poalim Ltorah v. 17 pp. 113-131)</ref><br />
#Yet, even according to Chazon Ish's view there are three other arguments that possibly could allow for crossing these bridges. 1) Chazon Ish suggests that cities join together if even just a small part of their squaring off overlap. Rav Elyashiv disagrees.<ref>See [[#Joining_Cities]] above.</ref> If one were to be lenient on this question, then even according to the first method of squaring off Manhattan it joins with Fort Lee and Brooklyn. 2) Tunnels with buildings on top potentially join cities. 3) The Williamsburg bridge had a booth for guards to watch the bridge. Some poskim hold that this makes the entire bridge like a dwelling place and then it would join Manhattan and Brooklyn together. In practice, some rabbis allow walking over the Williamsburg bridges and others do not.<ref>Rav Yitzchak Shpitzer and Rav Yechezkel Shraga Weiss (Poalim Ltorah v. 17 pp. 113-131). [https://www.yutorah.org/lectures/lecture.cfm/728838/rabbi-hershel-schachter/eruvin-shiur-118/ Rav Hershel Schachter (Eruvin 118, min 50-53)] also notes that whether Manhattan and Brooklyn join together for one techum depends on whether two overlapping techumin are considered one city.</ref><br />
===Techum of Bronx===<br />
#There are two methods of how to draw the techum of Bronx. <br />
##Method 1: Perhaps Chazon Ish would draw the techum of Bronx as a rectangle beginning with the eastern side which is roughly straight and draw a rectangle from there.<br />
##Method 2: Bronx isn't a rectangle and so its techum is drawn according to the cardinal directions. Each border is drawn from the furthest point in that direction.<ref>[https://www.yutorah.org/lectures/lecture.cfm/728838/rabbi-hershel-schachter/eruvin-shiur-118/ Rav Hershel Schachter (Eruvin 118, min 53-56)] assumes Bronx is squared off by the cardinal directions.</ref><br />
<center><gallery><br />
Ribu'a of Bronx (Chazon Ish).png|Method 1: along the eastern side on [https://www.google.com/maps/d/u/0/edit?mid=1uOaGMZ15akbgsoFYcisTlIciia1QzSY&usp=sharing google maps]<br />
Ribu'a of Bronx (Ruchot Haolam).png|Method 2: according to the cardinal directions on [https://www.google.com/maps/d/u/0/edit?mid=1uOaGMZ15akbgsoFYcisTlIciia1QzSY&usp=sharing google maps]<br />
</gallery></center><br />
#Whether it is permitted to walk from Riverdale (Bronx) to Washington Heights (Manhattan) on Shabbat depends on how the techum of Bronx is squared. If Bronx is squared according to the cardinal directions then the 2000 amot techum around that square includes Washington Heights. Accordingly, it is permitted to walk from Riverdale to Washington Heights. However, Manhattan's squaring off (by either method) does not reach most of Riverdale. Accordingly it is forbidden to walk from Washington Heights to Riverdale on Shabbat.<ref>[https://www.yutorah.org/lectures/lecture.cfm/728838/rabbi-hershel-schachter/eruvin-shiur-118/ Rav Hershel Schachter (Eruvin 118, min 53-56)]</ref><br />
##Yet, other reasons to permit walking from Washington Heights to Riverdale include: 1) If two overlapping squares is considered one city, then Bronx and Manhattan are considered one city.<ref>[https://www.yutorah.org/lectures/lecture.cfm/728838/rabbi-hershel-schachter/eruvin-shiur-118/ Rav Hershel Schachter (Eruvin 118, min 50-56)]</ref> 2) If the tunnels between Bronx and Manhattan are considered as joining them, then they are considered one city.<ref>See Rav Yitzchak Shpitzer and Rav Yechezkel Shraga Weiss (Poalim Ltorah v. 17 pp. 113-131) and Tikkun Eruvin (fnt. 89).</ref> 3) If someone started Shabbat in a very small sliver of the west side of Washington Heights at the beginning of Shabbat, it is considered as though he was in the square of Bronx. If so, he can walk to Riverdale.<ref>See [[#Joining_Cities]] above.</ref><br />
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==Moving Packages Received on Shabbat==<br />
# If one isn't sure if an item was brought from beyond the techum on Shabbos, one may not to move it beyond 4 amot even though techum is rabbinic.<Ref>Beitzah 24b, Shulchan Aruch O.C. 515:1</ref><br />
# Even if the package was delivered from outside of the techum if the package was placed in a house or building then it can be moved within the house since the house walls are considered 4 amot.<ref>Shulchan Aruch O.C. 405:1 writes that people who leave the techum only have 4 amot. Shulchan Aruch 405:9 applies these laws to objects as well. Shulchan Aruch 405:6 writes that if a person left the techum accidentally or was forcibly was moved by non-Jews and ended up beyond the techum within a walled area the entire walled area is considered like 4 amot. However, if a Jew left the techum intentionally he only has 4 amot. However, with respect to objects that left the techum, Mishna Brurah 405:50 writes that if the objects left the techum and entered a walled area they can be moved within the entire walled area whether they were moved there intentionally or unintentionally.</ref><br />
#If a package was delivered from outside the techum on Shabbat for a Jew he cannot benefit from it on Shabbat or even after Shabbat the time it would take to bring it from beyond the techum. He is allowed to move the package up within 4 amot or if it is in a building within the walls of the building.<ref>Shulchan Aruch O.C. 325:8. Shulchan Aruch quotes two opinions about whether he must wait until the time it takes to bring it from beyond the techum in order to eat it. Mishna Brurah 325:40 implies that he is strict about this question, though he doesn't require waiting until Sunday morning the time it takes to deliver it from beyond the techum like the opinion Rama quotes.</ref><br />
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==Walking to the edge of the techum==<br />
# It is forbidden to walk to the edge of the techum in order to leave on a journey quickly after Shabbat. However, if the action one is going to do after [[Shabbat]] could theoretically have been done on [[Shabbat]], it is not forbidden to walk tot the edge of the techum waiting for the end of [[Shabbat]]. For example, one may walk to the edge of the techum in order to bring one's animal back because theoretically one could have done this on Shabbat if there were houses extending the techum. Also one may walk to the edge of the techum in order to collect fruit which fell before [[Shabbat]] and aren't [[Muktzeh]] because theoretically one could have done so on [[Shabbat]] if there were walls surrounding the path (which would permit [[carrying on Shabbat]]). <ref>Kitzur Shulchan Aruch 90:3</ref><br />
# One may walk to one's garden within the techum in order to pick fruit after [[Shabbat]] since it is not evident that one is walking there for that purpose.<ref>Kitzur Shulchan Aruch 90:3</ref><br />
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==Techum above Ten Tefachim==<br />
# There is an unresolved discussion in the Gemara whether there is techum above ten tefachim. We are lenient if a person started Shabbat above ten tefachim that he doesn't have a techum of two thousand amot as long as he didn't yet land or reach a place that is connected to the ground.<ref>Gemara Eruvin 43a-b, Shulchan Aruch OC 404:1</ref> This is relevant to a person who was on a boat at the beginning of Shabbat.<ref>Shulchan Aruch 404:1</ref><br />
# A wagon is considered within ten tefachim of the ground since the wheels rest on the ground and the wagon itself if bigger than 4 tefachim.<ref>Shoel Umeishiv 5:3</ref><br />
==Techum of Property==<br />
# A barrel that belongs to two people that was split up on Yom Tov, each part has the techum of the owner of that half even though it was only split up on Yom Tov.<ref> The Gemara Beitzah 37b records a dispute between Rav and Shmuel whether we hold of the concept of berierah. Berierah is that we can view an eventual decision as though it already happened to clarify what is the case now. Rav holds of it and Shmuel does not. The gemara’s conclusion (38a) is that for derabbanan concepts we hold of Berierah. This is codified by the Rambam (Yom Tov 5:20) and Shulchan Aruch 397:10.</ref><br />
==Boats==<br />
#Some permit getting on a boat before Shabbat even though the boat will travel more than the techum on Shabbat because the traveler isn't walking or moving himself, rather the water is moving the boat.<ref>Rashbam cited by Tosfot Eruvin 43a, Ramban Eruvin 43a, Rashba Eruvin 43a</ref> However, most rishonim disagree and hold that traveling more than the techum on a boat is forbidden.<Ref>Rabbenu Chananel Shabbat 19a, Rambam (teshuva 308-310), Ritva Eruvin 43a, Rif Shabbat 7b according to Bet Yosef 248. Maharik 45 understands that Rif can hold like Rashbam. Chazon Ovadia v. 1 pp. 127-130 proves that the poskim don't accept the Rashbam and that's how he holds.</ref> Nonetheless, there are other leniencies about traveling beyond the techum on a boat: <br />
## If the boat is always above 10 tefachim from the seabed there is no prohibition to go in the boat beyond techum since there is no techum above 10 tefachim in the water, according to many poskim.<ref> Rabbenu Chananel Shabbat 19a, Rambam (teshuva 308-310), Rif Shabbat 7b, Shulchan Aruch 248:2</ref><br />
##Some permit getting on a boat more than 3 days before Shabbat even though it is known that it will continue to travel on Shabbat more than the techum, even if it is within 10 tefachim.<Ref>Maharik 45, Rama 248:1, Shulchan Aruch Harav 248:3</ref><br />
## Nonetheless, it is forbidden to get on a boat on Shabbat itself.<Ref>Mishna Brurah 248:21</ref><br />
## If someone was on a boat from before Shabbat and it was always above 10 tefachim, he may get off the boat. Once he gets off the boat he only can walk 2000 amot. Some are strict to hold that he may not get off the boat.<ref>Gemara Eruvin 43a has a unresolved question about whether there is techumin above 10 tefachim. Rambam (teshuva 308) and Ramban (Eruvin 43a) are lenient if the question is only rabbinic. Rosh, however, is strict that there is techumin above 10 tefachim. According to Rambam and Ramban, it is permissible to get off the boat if he was on there from before Shabbat since his techum didn't begin while he was on the boat above 10 tefachim. According to Rosh he may not get off the boat. Shulchan Aruch 404:1 holds like Rambam and Ramban. Mishna Brurah 248:22 writes that it is permissible to disembark from the boat and go up to 2000 amot if he was on the boat from before Shabbat.</ref><br />
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==Airplane that Landed on Shabbat==<br />
#It is forbidden to go on a plane that will land on Shabbat.<Ref>Igrot Moshe OC 3:97</ref><br />
#If someone was in an airplane that landed on Shabbat, because of circumstances beyond his control, there is a discussion if it is permitted to get off the plane because of techum. Some allow getting off the plane into the walkway that is attached to the plane and airport. Still one may not leave the airport unless it is included in the techum of the city.<Ref>Igrot Moshe OC 3:97 holds that even if there’s no techum while the airplane is moving, there is techum once it lands. Since from the point it landed until the terminal is more than 2000 amot, it is forbidden to get off the plane. He's discussing leaving from the plane onto the tarmac. techumei Shabbat p. 48 is lenient in extenuating circumstances to get off the plane into the walkway attached to the plane since it is all like 4 amot. See also Tzitz Eliezer 1:21:18.</ref><br />
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==Someone who came from beyond the techum==<br />
#Someone who was brought against his will from beyond the techum and was brought against his will back into a walled area that area is considered like 4 amot.<ref><br />
* Rosh (perek mi shehotziyhu 10) holds that in order for the city to count like 4 amot for techumin it must have walls made for living. This is true both when acquiring techum at the beginning of Shabbat and if brought from beyond the techum and put into walls. <br />
* Rabbenu Yerucham (cited by Beit Yosef 405:6) holds that in order for the city to count like 4 amot it must have walls made for living only when brought from beyond the techum. However, when acquiring techum at the beginning of Shabbat walls aren't necessary. Biur Halacha (405:8 s.v. im) rules in according with this view. Dirshu 405:17 also infers this from Shaar Hatziyun 408:13.<br />
*Ramban (Eruvin 41a) holds that walls are never necessary for a city to be considered 4 amot. Biur Halacha (405:6 s.v. mukfet) writes that in an extenuating circumstance you can rely on this opinion, unlike Shulchan Aruch O.C. 405:6 who rules unlike Ramban.</ref><br />
==Links==<br />
# See a summary of the halacha's of techum with pictures on [http://www.techumshabbos.com/the-basic-halachos-in-a-rush.html techumShabbos.com]<br />
# [https://ph.yhb.org.il/category/%d7%a9%d7%91%d7%aa/30-%d7%aa%d7%97%d7%95%d7%9e%d7%99-%d7%a9%d7%91%d7%aa/ פניני הלכה, שבת פרק ל]<br />
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==Sources==<br />
<references/></div>ChachamYhttps://halachipedia.com/index.php?title=Techum&diff=31524Techum2023-06-26T05:01:21Z<p>ChachamY: /* Techum of Manhattan */</p>
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<div>A person may not leave a certain area from where he started Shabbat. This boundary of where he cannot leave is called the ''techum'' (heb. תחום; lit. border). Every person has a unique techum depending on where he was at the beginning of Shabbat. It is forbidden to walk beyond one's techum on Shabbat, Yom Tov, or Yom Kippur.<ref>Shulchan Aruch O.C. 396:1, 495:1, 611:1. [https://ph.yhb.org.il/12-06-04/ Peninei Halacha] discusses why the allowance for ochel nefesh doesn't permit going beyond the techum on Yom Tov.</ref> In general, the techum boundary is 2000 [[amot]] beyond the immediate 4 [[amot]] area around a person.<ref>Shulchan Aruch O.C. 397:1, Kitzur Shulchan Aruch 95:1. Mishna Brurah 397:1 writes that some hold that walking beyond 12 [[mil]] on shabbat is a biblical prohibition, while others consider it a rabbinic prohibition. Magen Avraham 404:1 quotes a dispute between the Maharalbach 28 and Maharam Elshaker 41 whether 12 mil is deoritta for kelim. Ramban Eruvin 43a clearly hold it is deoritta even for kelim. Biur Halacha 404:1 is lenient to rely on Maharalbach since either way many rishonim hold that 12 mil is not deoritta.</ref><br />
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==Determining the techum==<br />
===Outside of a City===<br />
# If a person is alone in the desert, the techum extends 2000 [[amot]] beyond the 4 [[amot]] around him. If a person is in a house at the beginning of Shabbat, the techum is 2000 [[amot]] from outside the house.<ref>39 Melachos (Rabbi Ribiat, vol 4, pg 1386-7)</ref><br />
# If a person starts Shabbat outside a city he can determine the directions of his techum and have 2000 amot in each of those directions. He also is allowed to travel until the end of 2800 amot in the direction of the corners of the square he chose. Once he decided his square he cannot change it that Shabbat.<ref>Chazon Ish 110:24 based on Gra 345:1, Mishna Brurah 345:5. This is the opinion of the Rambam. According to the Rabbenu Tam (Eruvin 51a, Yoma 67a a person always can travel until 2800 amot even without choosing the square. However, Rashbam held that one's square is automatically determined to correspond with the north-south directions of the earth and then one can walk until the end of those corners. Tosfot Yoma and Rosh Eruvin reject Rabbenu Tam.</ref><br />
# If one starts Shabbat in a city, his techum is the entire city. In fact, the city is considered only 4 [[amot]] and one may walk beyond that city for 2000 [[amot]]. A city is considered like 4 amot whether or not it is a walled city.<ref>Tur 398:9, Bet Meir 398:1, Chayey Adam 76:11, Shaar Hatziyun 408:13</ref><br />
#Additionally, if he starts Shabbat outside a city but his techum entirely includes a city, the city is only considered 4 amot. For example, if one's dwelling place is 500 [[amot]] from a city and the city is 1000 [[amot]] long, the city is only considered 4 [[amot]]. Therefore, one is able to walk another 1496 [[amot]] after the city. However, if one's techum ends in the middle of the city, the city is not considered 4 [[amot]] and one may not walk beyond one's techum.<ref>Kitzur Shulchan Aruch 95:12</ref><br />
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===Techum of a City===<br />
# If one is in a village, town, or city, one may have 2000 [[amot]] from the outer bounds of the city, depending on the density of the houses.<ref>Kitzur Shulchan Aruch 95:2</ref> If there are 6 homes each within 70.66 [[amot]] of another home, they are considered a city and the techum would begin from 2000 [[amot]] outside the group of houses. Any home that is within 70.66 [[amot]] of the established city is included in the city. However, a house which is more than 70.66 [[amot]] from the other houses is not included in the city. The techum for residents of that house is 2000 [[amot]] from the edge of that house. Therefore, a suburban area with houses separated more than 70.66 [[amot]] are not considered part of a city and residents of a house only have 2000 [[amot]] from that house.<ref>39 Melachos (Rabbi Ribiat, vol 4, pg 1387-9). Rabbi Ribiat quotes the Minchat Shabbat who explicitly writes that we do have the halachic category of chatzerot nowadays in order to form a city. We still require that there's 2 houses to create a chetzer but if there's 6 houses we have a city. Torat Shlomo Eruvin 19:19 p. 144 explicitly writes that even though we don't use the chatzerot today like rooms you can create a city without chatzerot. See Chazon Ish OC 110:20 who supports this. However, Rav Hershel Schachter ([https://www.yutorah.org/sidebar/lecture.cfm/814168/rabbi-hershel-schachter/shiur-99-shabbos-dechiya/ Shabbat Shiur 99 (very end)] and [https://www.yutorah.org/sidebar/lecture.cfm/814233/rabbi-hershel-schachter/shiur-100-shabbos-chazer-vs-mavui/ Shabbat Shiur 100 (beginning)]) holds that nowadays we don't have a city for techum since we don't use our chatzerot today like a room of the house. Therefore, since we need 3 chatzerot to form a city (S"A 398:10) we can't have a city today. This is based on the Rama, Chazon Ish OC 65:52, and is discussed by Imrei Baruch Eruvin 40-41.</ref><br />
# Many cities have 2000 amot from the edges of the city. Generaly, the techum is drawn as a rectangle around the outermost extremities of the city along the directions of a compass; that is, the techum of the city is 2000 amot from the edge of the northern most house, eastern most house, southern most house, and western most house. However, if the city is already rectangle, L-shaped, or arc shaped may not have this extension of squaring off the city.<ref>39 Melachos (Rabbi Ribiat, vol 4, pg 1391-2)</ref> See [[#Squaring Off a City]] for details.<br />
# Because the laws of establishing a techum and extending the techum with a Eruv techumin are complicated one should consult a local Orthodox Rabbi. <ref>39 Melachos (Rabbi Ribiat, vol 4, pg 1393)</ref><br />
===Squaring Off a City===<br />
#Chazal learn from the Torah that a city is considered as having corners which are drawn according to the cardinal directions of the world.<ref>Eruvin 55a, Shulchan Aruch O.C. 398:3</ref> <br />
# A city that is a square or rectangle is not squared off because it already has corners, even though its corners do not align with the cardinal directions.<ref>Eruvin 55a, Shulchan Aruch O.C. 398:1</ref><br />
# A city that is a circle, triangle, pentagon, hexagon, or more sides are squared off.<ref>Eruvin 55a, Shulchan Aruch O.C. 398:2</ref><br />
# A city with two parallel sides, one side which is wider and one side that is shorter, such as a trapezoid, is squared off by making the shorter side as long as the longer side.<ref>Eruvin 55a, Shulchan Aruch O.C. 398:4</ref> <br />
# A city which has houses within 70.6 amot jutting out on one side, when squaring off the city, the city is measured by the furthest house in that direction.<ref>Eruvin 55a, Shulchan Aruch O.C. 398:6</ref><br />
# A city that is shaped like an L or a semicircle, if the ends are within 4000 amot, it is all considered one city and the area between its two ends is considered as though it was filled in with houses. If the ends are 4000 amot or more between the ends of the city, each branch of the city are considered separate and the area between them is not considered part of the city.<ref>Eruvin 55a, Shulchan Aruch O.C. 398:4</ref> Some are lenient to consider that area part of the city if from the line drawn between the two ends of the city and the middle of the city is less than 2000 amot. Additionally, some are lenient that if the ends gradually spread apart to consider the section of the ends where they are less than 4000 amot apart to be considered filled in.<ref>Rama 398:4</ref><br />
#There is a dispute whether a L shaped or triangular shaped city is squared off according to the cardinal directions or by the side that is straight.<ref>Shulchan Aruch Harav 398:3 and Chayei Adam 68:14 hold that a city that is a triangle or L shaped city is squared off by the cardinal directions. However, Chazon Ish 80 s.v. tos 54a and 110:23 maintains that a city which has one side that is straight is squared off in accordance with that side and not according to the cardinal directions.</ref><br />
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===Joining Cities===<br />
# If two cities are within 141.3 amot of each other they are considered like one city and the techum is drawn around both of them.<ref>Shulchan Aruch O.C. 398:7</ref><br />
# If when drawing the square around a city that would include part of another city, some poskim hold that the two cities are considered one large city and the techum is drawn around both of them.<ref>Minchat Yitzchak 8:33 explains that since the squaring of a city is taken into account before we add the 70 amot of the city if the squaring off of a city includes another city everything should be considered one large city. His proof is the concept of Eruvin 55a that the arms of a bow-shaped city join as long as they are within 4000 amot of each other. The Chazon Ish 110:16 wasn't sure whether or not the cities join when the squaring off of each other join. Rav Chaim Kanievsky in [http://www.hebrewbooks.org/pdfpager.aspx?req=49174&st=&pgnum=383 Shoneh Halachot 398:19 and 21] writes that Chazon Ish held that they do join but left it unresolved (הדבר צריך הכרע). Zecher Tzvi (techum Shabbat p. 21) holds that one can be lenient based on Chazon Ish. Dirshu 398:21 quotes Rav Dovid Landau who holds that since Chazon Ish left this unresolved one must be strict. Dirshu 398:21 cites Rav Wosner (Kitzur Hilchot Medidat techumin) as holding that one can be lenient, but Rav Elyashiv as holding that one should be strict. [https://www.hebrewbooks.org/pdfpager.aspx?req=21547&st=&pgnum=250 Mechzeh Eliyahu 1:74] and 77 is lenient. Machneh Yisrael of Rabbi Dimitrovsky p. 19-22 writes that one who is lenient has what to rely upon and supports this from the Rambam and Meiri. He also cites Rav Elyashiv as being strict. Mdarkei Hatechum p. 18 quotes Rav Dovid Feinstein, Rav Belsky, Rav Elyashiv, and Rav Nissim Karelitz as holding that we cannot cities based on the squaring off of the city.</ref><br />
#This dispute directly impacts if one may walk from Brooklyn to Manhattan. If one is lenient about the above question, if someone starts Shabbat in Manhattan he can walk to Brooklyn and vice versa. If one is strict about the above dispute he may not.<Ref>Mdarkei Hatechum p. 19</ref> <br />
#Nontheless, even those who are strict not to consider both cities to be like one large city agree that if someone starts Shabbat within the squaring off of the techum of one city he may walk throughout that city. For example, if he starts Shabbat in a specific section of Manhattan that is within the squaring off of the techum of Brooklyn, he may walk throughout Brooklyn on Shabbat.<ref>Mdarkei Hatechum p. 19</ref><br />
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==Techum of Specific Cities==<br />
===Techum of Manhattan===<br />
#There are two ways to square off the city of Manhattan to determine its techum.<br />
##Method 1: One way is to draw a rectangle using the western side as a single straight side. A parallel line is drawn with the same length at the same angle to the east of the island. Then two shorter sides are drawn perpendicular to the parallel lines to complete the rectangle. This is Chazon Ish's method to squaring off a city. According to this a small section of Brooklyn and possibly a tiny section of Jersey City are included in the squaring off of Manhattan. <br />
##Method 2: Another way of squaring off Manhattan is to square it off based on the cardinal directions. The western border is drawn from the western most part of the island, and the same is done for the other directions so that there is a rectangle which aligns with the cardinal directions. This squaring off of Manhattan easily protrudes into Brooklyn as well as Fort Lee.<ref>Rav Yitzchak Shpitzer and Rav Yechezkel Shraga Weiss (Poalim Ltorah v. 17 pp. 113-131)</ref><br />
<center><gallery><br />
Ribu'a of Manhattan (Chazon Ish).png|Method 1: along the western side on [https://www.google.com/maps/d/u/0/edit?mid=1C_35EvqooOX1dJDROrMgWiz__xSp1J8&usp=sharing google maps]<br />
Ribu'a of Manhattan (Ruchot Haolam).png|Method 2: according to the cardinal directions on [https://www.google.com/maps/d/u/0/edit?mid=1C_35EvqooOX1dJDROrMgWiz__xSp1J8&usp=sharing google maps]<br />
</gallery></center><br />
#The ramification of this question is whether it is permissible to cross the Williamsburg bridge or Washington bridge on Shabbat. According to the Chazon Ish's squaring off of Manhattan both of these bridges would be beyond the techum; accordingly, it is forbidden to cross these on Shabbat. According to the other method, both of these bridges and some adjacent area is within the squaring off of Manhattan; according to this view it is permissible to cross these bridges on Shabbat.<ref>Rav Yitzchak Shpitzer and Rav Yechezkel Shraga Weiss (Poalim Ltorah v. 17 pp. 113-131)</ref><br />
#Yet, even according to Chazon Ish's view there are three other arguments that possibly could allow for crossing these bridges. 1) Chazon Ish suggests that cities join together if even just a small part of their squaring off overlap. Rav Elyashiv disagrees.<ref>See [[#Joining_Cities]] above.</ref> If one were to be lenient on this question, then even according to the first method of squaring off Manhattan it joins with Fort Lee and Brooklyn. 2) Tunnels with buildings on top potentially join cities. 3) The Williamsburg bridge had a booth for guards to watch the bridge. Some poskim hold that this makes the entire bridge like a dwelling place and then it would join Manhattan and Brooklyn together. In practice, some rabbis allow walking over the Williamsburg bridges and others do not.<ref>Rav Yitzchak Shpitzer and Rav Yechezkel Shraga Weiss (Poalim Ltorah v. 17 pp. 113-131). [https://www.yutorah.org/lectures/lecture.cfm/728838/rabbi-hershel-schachter/eruvin-shiur-118/ Rav Hershel Schachter (Eruvin 118, min 50-53)] also notes that whether Manhattan and Brooklyn join together for one techum depends on whether two overlapping techumin are considered one city.</ref><br />
===Techum of Bronx===<br />
#There are two methods of how to draw the techum of Bronx. <br />
##Method 1: Perhaps Chazon Ish would draw the techum of Bronx as a rectangle beginning with the eastern side which is roughly straight and draw a rectangle from there.<br />
##Method 2: Bronx isn't a rectangle and so its techum is drawn according to the cardinal directions. Each border is drawn from the furthest point in that direction.<br />
<center><gallery><br />
Ribu'a of Bronx (Chazon Ish).png|Method 1: along the eastern side on [https://www.google.com/maps/d/u/0/edit?mid=1uOaGMZ15akbgsoFYcisTlIciia1QzSY&usp=sharing google maps]<br />
Ribu'a of Bronx (Ruchot Haolam).png|Method 2: according to the cardinal directions on [https://www.google.com/maps/d/u/0/edit?mid=1uOaGMZ15akbgsoFYcisTlIciia1QzSY&usp=sharing google maps]<ref>[https://www.yutorah.org/lectures/lecture.cfm/728838/rabbi-hershel-schachter/eruvin-shiur-118/ Rav Hershel Schachter (Eruvin 118, min 53-56)] assumes Bronx is squared off by the cardinal directions.</ref><br />
</gallery></center><br />
#Whether it is permitted to walk from Riverdale (Bronx) to Washington Heights (Manhattan) on Shabbat depends on how the techum of Bronx is squared. If Bronx is squared according to the cardinal directions then the 2000 amot techum around that square includes Washington Heights. Accordingly, it is permitted to walk from Riverdale to Washington Heights. However, Manhattan's squaring off (by either method) does not reach most of Riverdale. Accordingly it is forbidden to walk from Washington Heights to Riverdale on Shabbat.<ref>[https://www.yutorah.org/lectures/lecture.cfm/728838/rabbi-hershel-schachter/eruvin-shiur-118/ Rav Hershel Schachter (Eruvin 118, min 53-56)]</ref><br />
##Yet, other reasons to permit walking from Washington Heights to Riverdale include: 1) If two overlapping squares is considered one city, then Bronx and Manhattan are considered one city.<ref>[https://www.yutorah.org/lectures/lecture.cfm/728838/rabbi-hershel-schachter/eruvin-shiur-118/ Rav Hershel Schachter (Eruvin 118, min 50-56)]</ref> 2) If the tunnels between Bronx and Manhattan are considered as joining them, then they are considered one city.<ref>See Rav Yitzchak Shpitzer and Rav Yechezkel Shraga Weiss (Poalim Ltorah v. 17 pp. 113-131) and Tikkun Eruvin (fnt. 89).</ref> 3) If someone started Shabbat in a very small sliver of the west side of Washington Heights at the beginning of Shabbat, it is considered as though he was in the square of Bronx. If so, he can walk to Riverdale.<ref>See [[#Joining_Cities]] above.</ref><br />
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==Moving Packages Received on Shabbat==<br />
# If one isn't sure if an item was brought from beyond the techum on Shabbos, one may not to move it beyond 4 amot even though techum is rabbinic.<Ref>Beitzah 24b, Shulchan Aruch O.C. 515:1</ref><br />
# Even if the package was delivered from outside of the techum if the package was placed in a house or building then it can be moved within the house since the house walls are considered 4 amot.<ref>Shulchan Aruch O.C. 405:1 writes that people who leave the techum only have 4 amot. Shulchan Aruch 405:9 applies these laws to objects as well. Shulchan Aruch 405:6 writes that if a person left the techum accidentally or was forcibly was moved by non-Jews and ended up beyond the techum within a walled area the entire walled area is considered like 4 amot. However, if a Jew left the techum intentionally he only has 4 amot. However, with respect to objects that left the techum, Mishna Brurah 405:50 writes that if the objects left the techum and entered a walled area they can be moved within the entire walled area whether they were moved there intentionally or unintentionally.</ref><br />
#If a package was delivered from outside the techum on Shabbat for a Jew he cannot benefit from it on Shabbat or even after Shabbat the time it would take to bring it from beyond the techum. He is allowed to move the package up within 4 amot or if it is in a building within the walls of the building.<ref>Shulchan Aruch O.C. 325:8. Shulchan Aruch quotes two opinions about whether he must wait until the time it takes to bring it from beyond the techum in order to eat it. Mishna Brurah 325:40 implies that he is strict about this question, though he doesn't require waiting until Sunday morning the time it takes to deliver it from beyond the techum like the opinion Rama quotes.</ref><br />
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==Walking to the edge of the techum==<br />
# It is forbidden to walk to the edge of the techum in order to leave on a journey quickly after Shabbat. However, if the action one is going to do after [[Shabbat]] could theoretically have been done on [[Shabbat]], it is not forbidden to walk tot the edge of the techum waiting for the end of [[Shabbat]]. For example, one may walk to the edge of the techum in order to bring one's animal back because theoretically one could have done this on Shabbat if there were houses extending the techum. Also one may walk to the edge of the techum in order to collect fruit which fell before [[Shabbat]] and aren't [[Muktzeh]] because theoretically one could have done so on [[Shabbat]] if there were walls surrounding the path (which would permit [[carrying on Shabbat]]). <ref>Kitzur Shulchan Aruch 90:3</ref><br />
# One may walk to one's garden within the techum in order to pick fruit after [[Shabbat]] since it is not evident that one is walking there for that purpose.<ref>Kitzur Shulchan Aruch 90:3</ref><br />
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==Techum above Ten Tefachim==<br />
# There is an unresolved discussion in the Gemara whether there is techum above ten tefachim. We are lenient if a person started Shabbat above ten tefachim that he doesn't have a techum of two thousand amot as long as he didn't yet land or reach a place that is connected to the ground.<ref>Gemara Eruvin 43a-b, Shulchan Aruch OC 404:1</ref> This is relevant to a person who was on a boat at the beginning of Shabbat.<ref>Shulchan Aruch 404:1</ref><br />
# A wagon is considered within ten tefachim of the ground since the wheels rest on the ground and the wagon itself if bigger than 4 tefachim.<ref>Shoel Umeishiv 5:3</ref><br />
==Techum of Property==<br />
# A barrel that belongs to two people that was split up on Yom Tov, each part has the techum of the owner of that half even though it was only split up on Yom Tov.<ref> The Gemara Beitzah 37b records a dispute between Rav and Shmuel whether we hold of the concept of berierah. Berierah is that we can view an eventual decision as though it already happened to clarify what is the case now. Rav holds of it and Shmuel does not. The gemara’s conclusion (38a) is that for derabbanan concepts we hold of Berierah. This is codified by the Rambam (Yom Tov 5:20) and Shulchan Aruch 397:10.</ref><br />
==Boats==<br />
#Some permit getting on a boat before Shabbat even though the boat will travel more than the techum on Shabbat because the traveler isn't walking or moving himself, rather the water is moving the boat.<ref>Rashbam cited by Tosfot Eruvin 43a, Ramban Eruvin 43a, Rashba Eruvin 43a</ref> However, most rishonim disagree and hold that traveling more than the techum on a boat is forbidden.<Ref>Rabbenu Chananel Shabbat 19a, Rambam (teshuva 308-310), Ritva Eruvin 43a, Rif Shabbat 7b according to Bet Yosef 248. Maharik 45 understands that Rif can hold like Rashbam. Chazon Ovadia v. 1 pp. 127-130 proves that the poskim don't accept the Rashbam and that's how he holds.</ref> Nonetheless, there are other leniencies about traveling beyond the techum on a boat: <br />
## If the boat is always above 10 tefachim from the seabed there is no prohibition to go in the boat beyond techum since there is no techum above 10 tefachim in the water, according to many poskim.<ref> Rabbenu Chananel Shabbat 19a, Rambam (teshuva 308-310), Rif Shabbat 7b, Shulchan Aruch 248:2</ref><br />
##Some permit getting on a boat more than 3 days before Shabbat even though it is known that it will continue to travel on Shabbat more than the techum, even if it is within 10 tefachim.<Ref>Maharik 45, Rama 248:1, Shulchan Aruch Harav 248:3</ref><br />
## Nonetheless, it is forbidden to get on a boat on Shabbat itself.<Ref>Mishna Brurah 248:21</ref><br />
## If someone was on a boat from before Shabbat and it was always above 10 tefachim, he may get off the boat. Once he gets off the boat he only can walk 2000 amot. Some are strict to hold that he may not get off the boat.<ref>Gemara Eruvin 43a has a unresolved question about whether there is techumin above 10 tefachim. Rambam (teshuva 308) and Ramban (Eruvin 43a) are lenient if the question is only rabbinic. Rosh, however, is strict that there is techumin above 10 tefachim. According to Rambam and Ramban, it is permissible to get off the boat if he was on there from before Shabbat since his techum didn't begin while he was on the boat above 10 tefachim. According to Rosh he may not get off the boat. Shulchan Aruch 404:1 holds like Rambam and Ramban. Mishna Brurah 248:22 writes that it is permissible to disembark from the boat and go up to 2000 amot if he was on the boat from before Shabbat.</ref><br />
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==Airplane that Landed on Shabbat==<br />
#It is forbidden to go on a plane that will land on Shabbat.<Ref>Igrot Moshe OC 3:97</ref><br />
#If someone was in an airplane that landed on Shabbat, because of circumstances beyond his control, there is a discussion if it is permitted to get off the plane because of techum. Some allow getting off the plane into the walkway that is attached to the plane and airport. Still one may not leave the airport unless it is included in the techum of the city.<Ref>Igrot Moshe OC 3:97 holds that even if there’s no techum while the airplane is moving, there is techum once it lands. Since from the point it landed until the terminal is more than 2000 amot, it is forbidden to get off the plane. He's discussing leaving from the plane onto the tarmac. techumei Shabbat p. 48 is lenient in extenuating circumstances to get off the plane into the walkway attached to the plane since it is all like 4 amot. See also Tzitz Eliezer 1:21:18.</ref><br />
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==Someone who came from beyond the techum==<br />
#Someone who was brought against his will from beyond the techum and was brought against his will back into a walled area that area is considered like 4 amot.<ref><br />
* Rosh (perek mi shehotziyhu 10) holds that in order for the city to count like 4 amot for techumin it must have walls made for living. This is true both when acquiring techum at the beginning of Shabbat and if brought from beyond the techum and put into walls. <br />
* Rabbenu Yerucham (cited by Beit Yosef 405:6) holds that in order for the city to count like 4 amot it must have walls made for living only when brought from beyond the techum. However, when acquiring techum at the beginning of Shabbat walls aren't necessary. Biur Halacha (405:8 s.v. im) rules in according with this view. Dirshu 405:17 also infers this from Shaar Hatziyun 408:13.<br />
*Ramban (Eruvin 41a) holds that walls are never necessary for a city to be considered 4 amot. Biur Halacha (405:6 s.v. mukfet) writes that in an extenuating circumstance you can rely on this opinion, unlike Shulchan Aruch O.C. 405:6 who rules unlike Ramban.</ref><br />
==Links==<br />
# See a summary of the halacha's of techum with pictures on [http://www.techumshabbos.com/the-basic-halachos-in-a-rush.html techumShabbos.com]<br />
# [https://ph.yhb.org.il/category/%d7%a9%d7%91%d7%aa/30-%d7%aa%d7%97%d7%95%d7%9e%d7%99-%d7%a9%d7%91%d7%aa/ פניני הלכה, שבת פרק ל]<br />
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==Sources==<br />
<references/></div>ChachamYhttps://halachipedia.com/index.php?title=File:Ribu%27a_of_Bronx_(Ruchot_Haolam).png&diff=31523File:Ribu'a of Bronx (Ruchot Haolam).png2023-06-26T05:01:14Z<p>ChachamY: https://www.google.com/maps/d/u/0/edit?mid=1uOaGMZ15akbgsoFYcisTlIciia1QzSY&usp=sharing</p>
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<div>== Summary ==<br />
https://www.google.com/maps/d/u/0/edit?mid=1uOaGMZ15akbgsoFYcisTlIciia1QzSY&usp=sharing</div>ChachamYhttps://halachipedia.com/index.php?title=File:Ribu%27a_of_Bronx_(Chazon_Ish).png&diff=31522File:Ribu'a of Bronx (Chazon Ish).png2023-06-26T05:01:00Z<p>ChachamY: https://www.google.com/maps/d/u/0/edit?mid=1uOaGMZ15akbgsoFYcisTlIciia1QzSY&usp=sharing</p>
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<div>== Summary ==<br />
https://www.google.com/maps/d/u/0/edit?mid=1uOaGMZ15akbgsoFYcisTlIciia1QzSY&usp=sharing</div>ChachamYhttps://halachipedia.com/index.php?title=Techum&diff=31521Techum2023-06-26T04:21:51Z<p>ChachamY: /* Techum of Manhattan */</p>
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<div>A person may not leave a certain area from where he started Shabbat. This boundary of where he cannot leave is called the ''techum'' (heb. תחום; lit. border). Every person has a unique techum depending on where he was at the beginning of Shabbat. It is forbidden to walk beyond one's techum on Shabbat, Yom Tov, or Yom Kippur.<ref>Shulchan Aruch O.C. 396:1, 495:1, 611:1. [https://ph.yhb.org.il/12-06-04/ Peninei Halacha] discusses why the allowance for ochel nefesh doesn't permit going beyond the techum on Yom Tov.</ref> In general, the techum boundary is 2000 [[amot]] beyond the immediate 4 [[amot]] area around a person.<ref>Shulchan Aruch O.C. 397:1, Kitzur Shulchan Aruch 95:1. Mishna Brurah 397:1 writes that some hold that walking beyond 12 [[mil]] on shabbat is a biblical prohibition, while others consider it a rabbinic prohibition. Magen Avraham 404:1 quotes a dispute between the Maharalbach 28 and Maharam Elshaker 41 whether 12 mil is deoritta for kelim. Ramban Eruvin 43a clearly hold it is deoritta even for kelim. Biur Halacha 404:1 is lenient to rely on Maharalbach since either way many rishonim hold that 12 mil is not deoritta.</ref><br />
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==Determining the techum==<br />
===Outside of a City===<br />
# If a person is alone in the desert, the techum extends 2000 [[amot]] beyond the 4 [[amot]] around him. If a person is in a house at the beginning of Shabbat, the techum is 2000 [[amot]] from outside the house.<ref>39 Melachos (Rabbi Ribiat, vol 4, pg 1386-7)</ref><br />
# If a person starts Shabbat outside a city he can determine the directions of his techum and have 2000 amot in each of those directions. He also is allowed to travel until the end of 2800 amot in the direction of the corners of the square he chose. Once he decided his square he cannot change it that Shabbat.<ref>Chazon Ish 110:24 based on Gra 345:1, Mishna Brurah 345:5. This is the opinion of the Rambam. According to the Rabbenu Tam (Eruvin 51a, Yoma 67a a person always can travel until 2800 amot even without choosing the square. However, Rashbam held that one's square is automatically determined to correspond with the north-south directions of the earth and then one can walk until the end of those corners. Tosfot Yoma and Rosh Eruvin reject Rabbenu Tam.</ref><br />
# If one starts Shabbat in a city, his techum is the entire city. In fact, the city is considered only 4 [[amot]] and one may walk beyond that city for 2000 [[amot]]. A city is considered like 4 amot whether or not it is a walled city.<ref>Tur 398:9, Bet Meir 398:1, Chayey Adam 76:11, Shaar Hatziyun 408:13</ref><br />
#Additionally, if he starts Shabbat outside a city but his techum entirely includes a city, the city is only considered 4 amot. For example, if one's dwelling place is 500 [[amot]] from a city and the city is 1000 [[amot]] long, the city is only considered 4 [[amot]]. Therefore, one is able to walk another 1496 [[amot]] after the city. However, if one's techum ends in the middle of the city, the city is not considered 4 [[amot]] and one may not walk beyond one's techum.<ref>Kitzur Shulchan Aruch 95:12</ref><br />
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===Techum of a City===<br />
# If one is in a village, town, or city, one may have 2000 [[amot]] from the outer bounds of the city, depending on the density of the houses.<ref>Kitzur Shulchan Aruch 95:2</ref> If there are 6 homes each within 70.66 [[amot]] of another home, they are considered a city and the techum would begin from 2000 [[amot]] outside the group of houses. Any home that is within 70.66 [[amot]] of the established city is included in the city. However, a house which is more than 70.66 [[amot]] from the other houses is not included in the city. The techum for residents of that house is 2000 [[amot]] from the edge of that house. Therefore, a suburban area with houses separated more than 70.66 [[amot]] are not considered part of a city and residents of a house only have 2000 [[amot]] from that house.<ref>39 Melachos (Rabbi Ribiat, vol 4, pg 1387-9). Rabbi Ribiat quotes the Minchat Shabbat who explicitly writes that we do have the halachic category of chatzerot nowadays in order to form a city. We still require that there's 2 houses to create a chetzer but if there's 6 houses we have a city. Torat Shlomo Eruvin 19:19 p. 144 explicitly writes that even though we don't use the chatzerot today like rooms you can create a city without chatzerot. See Chazon Ish OC 110:20 who supports this. However, Rav Hershel Schachter ([https://www.yutorah.org/sidebar/lecture.cfm/814168/rabbi-hershel-schachter/shiur-99-shabbos-dechiya/ Shabbat Shiur 99 (very end)] and [https://www.yutorah.org/sidebar/lecture.cfm/814233/rabbi-hershel-schachter/shiur-100-shabbos-chazer-vs-mavui/ Shabbat Shiur 100 (beginning)]) holds that nowadays we don't have a city for techum since we don't use our chatzerot today like a room of the house. Therefore, since we need 3 chatzerot to form a city (S"A 398:10) we can't have a city today. This is based on the Rama, Chazon Ish OC 65:52, and is discussed by Imrei Baruch Eruvin 40-41.</ref><br />
# Many cities have 2000 amot from the edges of the city. Generaly, the techum is drawn as a rectangle around the outermost extremities of the city along the directions of a compass; that is, the techum of the city is 2000 amot from the edge of the northern most house, eastern most house, southern most house, and western most house. However, if the city is already rectangle, L-shaped, or arc shaped may not have this extension of squaring off the city.<ref>39 Melachos (Rabbi Ribiat, vol 4, pg 1391-2)</ref> See [[#Squaring Off a City]] for details.<br />
# Because the laws of establishing a techum and extending the techum with a Eruv techumin are complicated one should consult a local Orthodox Rabbi. <ref>39 Melachos (Rabbi Ribiat, vol 4, pg 1393)</ref><br />
===Squaring Off a City===<br />
#Chazal learn from the Torah that a city is considered as having corners which are drawn according to the cardinal directions of the world.<ref>Eruvin 55a, Shulchan Aruch O.C. 398:3</ref> <br />
# A city that is a square or rectangle is not squared off because it already has corners, even though its corners do not align with the cardinal directions.<ref>Eruvin 55a, Shulchan Aruch O.C. 398:1</ref><br />
# A city that is a circle, triangle, pentagon, hexagon, or more sides are squared off.<ref>Eruvin 55a, Shulchan Aruch O.C. 398:2</ref><br />
# A city with two parallel sides, one side which is wider and one side that is shorter, such as a trapezoid, is squared off by making the shorter side as long as the longer side.<ref>Eruvin 55a, Shulchan Aruch O.C. 398:4</ref> <br />
# A city which has houses within 70.6 amot jutting out on one side, when squaring off the city, the city is measured by the furthest house in that direction.<ref>Eruvin 55a, Shulchan Aruch O.C. 398:6</ref><br />
# A city that is shaped like an L or a semicircle, if the ends are within 4000 amot, it is all considered one city and the area between its two ends is considered as though it was filled in with houses. If the ends are 4000 amot or more between the ends of the city, each branch of the city are considered separate and the area between them is not considered part of the city.<ref>Eruvin 55a, Shulchan Aruch O.C. 398:4</ref> Some are lenient to consider that area part of the city if from the line drawn between the two ends of the city and the middle of the city is less than 2000 amot. Additionally, some are lenient that if the ends gradually spread apart to consider the section of the ends where they are less than 4000 amot apart to be considered filled in.<ref>Rama 398:4</ref><br />
#There is a dispute whether a L shaped or triangular shaped city is squared off according to the cardinal directions or by the side that is straight.<ref>Shulchan Aruch Harav 398:3 and Chayei Adam 68:14 hold that a city that is a triangle or L shaped city is squared off by the cardinal directions. However, Chazon Ish 80 s.v. tos 54a and 110:23 maintains that a city which has one side that is straight is squared off in accordance with that side and not according to the cardinal directions.</ref><br />
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===Joining Cities===<br />
# If two cities are within 141.3 amot of each other they are considered like one city and the techum is drawn around both of them.<ref>Shulchan Aruch O.C. 398:7</ref><br />
# If when drawing the square around a city that would include part of another city, some poskim hold that the two cities are considered one large city and the techum is drawn around both of them.<ref>Minchat Yitzchak 8:33 explains that since the squaring of a city is taken into account before we add the 70 amot of the city if the squaring off of a city includes another city everything should be considered one large city. His proof is the concept of Eruvin 55a that the arms of a bow-shaped city join as long as they are within 4000 amot of each other. The Chazon Ish 110:16 wasn't sure whether or not the cities join when the squaring off of each other join. Rav Chaim Kanievsky in [http://www.hebrewbooks.org/pdfpager.aspx?req=49174&st=&pgnum=383 Shoneh Halachot 398:19 and 21] writes that Chazon Ish held that they do join but left it unresolved (הדבר צריך הכרע). Zecher Tzvi (techum Shabbat p. 21) holds that one can be lenient based on Chazon Ish. Dirshu 398:21 quotes Rav Dovid Landau who holds that since Chazon Ish left this unresolved one must be strict. Dirshu 398:21 cites Rav Wosner (Kitzur Hilchot Medidat techumin) as holding that one can be lenient, but Rav Elyashiv as holding that one should be strict. [https://www.hebrewbooks.org/pdfpager.aspx?req=21547&st=&pgnum=250 Mechzeh Eliyahu 1:74] and 77 is lenient. Machneh Yisrael of Rabbi Dimitrovsky p. 19-22 writes that one who is lenient has what to rely upon and supports this from the Rambam and Meiri. He also cites Rav Elyashiv as being strict. Mdarkei Hatechum p. 18 quotes Rav Dovid Feinstein, Rav Belsky, Rav Elyashiv, and Rav Nissim Karelitz as holding that we cannot cities based on the squaring off of the city.</ref><br />
#This dispute directly impacts if one may walk from Brooklyn to Manhattan. If one is lenient about the above question, if someone starts Shabbat in Manhattan he can walk to Brooklyn and vice versa. If one is strict about the above dispute he may not.<Ref>Mdarkei Hatechum p. 19</ref> <br />
#Nontheless, even those who are strict not to consider both cities to be like one large city agree that if someone starts Shabbat within the squaring off of the techum of one city he may walk throughout that city. For example, if he starts Shabbat in a specific section of Manhattan that is within the squaring off of the techum of Brooklyn, he may walk throughout Brooklyn on Shabbat.<ref>Mdarkei Hatechum p. 19</ref><br />
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==Techum of Specific Cities==<br />
===Techum of Manhattan===<br />
#There are two ways to square off the city of Manhattan to determine its techum.<br />
##Method 1: One way is to draw a rectangle using the western side as a single straight side. A parallel line is drawn with the same length at the same angle to the east of the island. Then two shorter sides are drawn perpendicular to the parallel lines to complete the rectangle. This is Chazon Ish's method to squaring off a city. According to this a small section of Brooklyn and possibly a tiny section of Jersey City are included in the squaring off of Manhattan. <br />
##Method 2: Another way of squaring off Manhattan is to square it off based on the cardinal directions. The western border is drawn from the western most part of the island, and the same is done for the other directions so that there is a rectangle which aligns with the cardinal directions. This squaring off of Manhattan easily protrudes into Brooklyn as well as Fort Lee.<ref>Rav Yitzchak Shpitzer and Rav Yechezkel Shraga Weiss (Poalim Ltorah v. 17 pp. 113-131)</ref><br />
<center><gallery><br />
Ribu'a of Manhattan (Chazon Ish).png|Method 1: along the western side on [https://www.google.com/maps/d/u/0/edit?mid=1C_35EvqooOX1dJDROrMgWiz__xSp1J8&usp=sharing google maps]<br />
Ribu'a of Manhattan (Ruchot Haolam).png|Method 2: according to the cardinal directions on [https://www.google.com/maps/d/u/0/edit?mid=1C_35EvqooOX1dJDROrMgWiz__xSp1J8&usp=sharing google maps]<br />
</gallery></center><br />
#The ramification of this question is whether it is permissible to cross the Williamsburg bridge or Washington bridge on Shabbat. According to the Chazon Ish's squaring off of Manhattan both of these bridges would be beyond the techum; accordingly, it is forbidden to cross these on Shabbat. According to the other method, both of these bridges and some adjacent area is within the squaring off of Manhattan; according to this view it is permissible to cross these bridges on Shabbat.<ref>Rav Yitzchak Shpitzer and Rav Yechezkel Shraga Weiss (Poalim Ltorah v. 17 pp. 113-131)</ref><br />
#Yet, even according to Chazon Ish's view there are three other arguments that possibly could allow for crossing these bridges. 1) Chazon Ish suggests that cities join together if even just a small part of their squaring off overlap. Rav Elyashiv disagrees.<ref>See [[#Joining_Cities]] above.</ref> If one were to be lenient on this question, then even according to the first method of squaring off Manhattan it joins with Fort Lee and Brooklyn. 2) Tunnels with buildings on top potentially join cities. 3) The Williamsburg bridge had a booth for guards to watch the bridge. Some poskim hold that this makes the entire bridge like a dwelling place and then it would join Manhattan and Brooklyn together. In practice, some rabbis allow walking over the Williamsburg bridges and others do not.<ref>Rav Yitzchak Shpitzer and Rav Yechezkel Shraga Weiss (Poalim Ltorah v. 17 pp. 113-131). [https://www.yutorah.org/lectures/lecture.cfm/728838/rabbi-hershel-schachter/eruvin-shiur-118/ Rav Hershel Schachter (Eruvin 118, min 50-53)] also notes that whether Manhattan and Brooklyn join together for one techum depends on whether two overlapping techumin are considered one city.</ref><br />
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==Moving Packages Received on Shabbat==<br />
# If one isn't sure if an item was brought from beyond the techum on Shabbos, one may not to move it beyond 4 amot even though techum is rabbinic.<Ref>Beitzah 24b, Shulchan Aruch O.C. 515:1</ref><br />
# Even if the package was delivered from outside of the techum if the package was placed in a house or building then it can be moved within the house since the house walls are considered 4 amot.<ref>Shulchan Aruch O.C. 405:1 writes that people who leave the techum only have 4 amot. Shulchan Aruch 405:9 applies these laws to objects as well. Shulchan Aruch 405:6 writes that if a person left the techum accidentally or was forcibly was moved by non-Jews and ended up beyond the techum within a walled area the entire walled area is considered like 4 amot. However, if a Jew left the techum intentionally he only has 4 amot. However, with respect to objects that left the techum, Mishna Brurah 405:50 writes that if the objects left the techum and entered a walled area they can be moved within the entire walled area whether they were moved there intentionally or unintentionally.</ref><br />
#If a package was delivered from outside the techum on Shabbat for a Jew he cannot benefit from it on Shabbat or even after Shabbat the time it would take to bring it from beyond the techum. He is allowed to move the package up within 4 amot or if it is in a building within the walls of the building.<ref>Shulchan Aruch O.C. 325:8. Shulchan Aruch quotes two opinions about whether he must wait until the time it takes to bring it from beyond the techum in order to eat it. Mishna Brurah 325:40 implies that he is strict about this question, though he doesn't require waiting until Sunday morning the time it takes to deliver it from beyond the techum like the opinion Rama quotes.</ref><br />
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==Walking to the edge of the techum==<br />
# It is forbidden to walk to the edge of the techum in order to leave on a journey quickly after Shabbat. However, if the action one is going to do after [[Shabbat]] could theoretically have been done on [[Shabbat]], it is not forbidden to walk tot the edge of the techum waiting for the end of [[Shabbat]]. For example, one may walk to the edge of the techum in order to bring one's animal back because theoretically one could have done this on Shabbat if there were houses extending the techum. Also one may walk to the edge of the techum in order to collect fruit which fell before [[Shabbat]] and aren't [[Muktzeh]] because theoretically one could have done so on [[Shabbat]] if there were walls surrounding the path (which would permit [[carrying on Shabbat]]). <ref>Kitzur Shulchan Aruch 90:3</ref><br />
# One may walk to one's garden within the techum in order to pick fruit after [[Shabbat]] since it is not evident that one is walking there for that purpose.<ref>Kitzur Shulchan Aruch 90:3</ref><br />
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==Techum above Ten Tefachim==<br />
# There is an unresolved discussion in the Gemara whether there is techum above ten tefachim. We are lenient if a person started Shabbat above ten tefachim that he doesn't have a techum of two thousand amot as long as he didn't yet land or reach a place that is connected to the ground.<ref>Gemara Eruvin 43a-b, Shulchan Aruch OC 404:1</ref> This is relevant to a person who was on a boat at the beginning of Shabbat.<ref>Shulchan Aruch 404:1</ref><br />
# A wagon is considered within ten tefachim of the ground since the wheels rest on the ground and the wagon itself if bigger than 4 tefachim.<ref>Shoel Umeishiv 5:3</ref><br />
==Techum of Property==<br />
# A barrel that belongs to two people that was split up on Yom Tov, each part has the techum of the owner of that half even though it was only split up on Yom Tov.<ref> The Gemara Beitzah 37b records a dispute between Rav and Shmuel whether we hold of the concept of berierah. Berierah is that we can view an eventual decision as though it already happened to clarify what is the case now. Rav holds of it and Shmuel does not. The gemara’s conclusion (38a) is that for derabbanan concepts we hold of Berierah. This is codified by the Rambam (Yom Tov 5:20) and Shulchan Aruch 397:10.</ref><br />
==Boats==<br />
#Some permit getting on a boat before Shabbat even though the boat will travel more than the techum on Shabbat because the traveler isn't walking or moving himself, rather the water is moving the boat.<ref>Rashbam cited by Tosfot Eruvin 43a, Ramban Eruvin 43a, Rashba Eruvin 43a</ref> However, most rishonim disagree and hold that traveling more than the techum on a boat is forbidden.<Ref>Rabbenu Chananel Shabbat 19a, Rambam (teshuva 308-310), Ritva Eruvin 43a, Rif Shabbat 7b according to Bet Yosef 248. Maharik 45 understands that Rif can hold like Rashbam. Chazon Ovadia v. 1 pp. 127-130 proves that the poskim don't accept the Rashbam and that's how he holds.</ref> Nonetheless, there are other leniencies about traveling beyond the techum on a boat: <br />
## If the boat is always above 10 tefachim from the seabed there is no prohibition to go in the boat beyond techum since there is no techum above 10 tefachim in the water, according to many poskim.<ref> Rabbenu Chananel Shabbat 19a, Rambam (teshuva 308-310), Rif Shabbat 7b, Shulchan Aruch 248:2</ref><br />
##Some permit getting on a boat more than 3 days before Shabbat even though it is known that it will continue to travel on Shabbat more than the techum, even if it is within 10 tefachim.<Ref>Maharik 45, Rama 248:1, Shulchan Aruch Harav 248:3</ref><br />
## Nonetheless, it is forbidden to get on a boat on Shabbat itself.<Ref>Mishna Brurah 248:21</ref><br />
## If someone was on a boat from before Shabbat and it was always above 10 tefachim, he may get off the boat. Once he gets off the boat he only can walk 2000 amot. Some are strict to hold that he may not get off the boat.<ref>Gemara Eruvin 43a has a unresolved question about whether there is techumin above 10 tefachim. Rambam (teshuva 308) and Ramban (Eruvin 43a) are lenient if the question is only rabbinic. Rosh, however, is strict that there is techumin above 10 tefachim. According to Rambam and Ramban, it is permissible to get off the boat if he was on there from before Shabbat since his techum didn't begin while he was on the boat above 10 tefachim. According to Rosh he may not get off the boat. Shulchan Aruch 404:1 holds like Rambam and Ramban. Mishna Brurah 248:22 writes that it is permissible to disembark from the boat and go up to 2000 amot if he was on the boat from before Shabbat.</ref><br />
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==Airplane that Landed on Shabbat==<br />
#It is forbidden to go on a plane that will land on Shabbat.<Ref>Igrot Moshe OC 3:97</ref><br />
#If someone was in an airplane that landed on Shabbat, because of circumstances beyond his control, there is a discussion if it is permitted to get off the plane because of techum. Some allow getting off the plane into the walkway that is attached to the plane and airport. Still one may not leave the airport unless it is included in the techum of the city.<Ref>Igrot Moshe OC 3:97 holds that even if there’s no techum while the airplane is moving, there is techum once it lands. Since from the point it landed until the terminal is more than 2000 amot, it is forbidden to get off the plane. He's discussing leaving from the plane onto the tarmac. techumei Shabbat p. 48 is lenient in extenuating circumstances to get off the plane into the walkway attached to the plane since it is all like 4 amot. See also Tzitz Eliezer 1:21:18.</ref><br />
<br />
==Someone who came from beyond the techum==<br />
#Someone who was brought against his will from beyond the techum and was brought against his will back into a walled area that area is considered like 4 amot.<ref><br />
* Rosh (perek mi shehotziyhu 10) holds that in order for the city to count like 4 amot for techumin it must have walls made for living. This is true both when acquiring techum at the beginning of Shabbat and if brought from beyond the techum and put into walls. <br />
* Rabbenu Yerucham (cited by Beit Yosef 405:6) holds that in order for the city to count like 4 amot it must have walls made for living only when brought from beyond the techum. However, when acquiring techum at the beginning of Shabbat walls aren't necessary. Biur Halacha (405:8 s.v. im) rules in according with this view. Dirshu 405:17 also infers this from Shaar Hatziyun 408:13.<br />
*Ramban (Eruvin 41a) holds that walls are never necessary for a city to be considered 4 amot. Biur Halacha (405:6 s.v. mukfet) writes that in an extenuating circumstance you can rely on this opinion, unlike Shulchan Aruch O.C. 405:6 who rules unlike Ramban.</ref><br />
==Links==<br />
# See a summary of the halacha's of techum with pictures on [http://www.techumshabbos.com/the-basic-halachos-in-a-rush.html techumShabbos.com]<br />
# [https://ph.yhb.org.il/category/%d7%a9%d7%91%d7%aa/30-%d7%aa%d7%97%d7%95%d7%9e%d7%99-%d7%a9%d7%91%d7%aa/ פניני הלכה, שבת פרק ל]<br />
<br />
==Sources==<br />
<references/></div>ChachamYhttps://halachipedia.com/index.php?title=Techum&diff=31520Techum2023-06-26T03:13:34Z<p>ChachamY: /* Techum of Manhattan */</p>
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<div>A person may not leave a certain area from where he started Shabbat. This boundary of where he cannot leave is called the ''techum'' (heb. תחום; lit. border). Every person has a unique techum depending on where he was at the beginning of Shabbat. It is forbidden to walk beyond one's techum on Shabbat, Yom Tov, or Yom Kippur.<ref>Shulchan Aruch O.C. 396:1, 495:1, 611:1. [https://ph.yhb.org.il/12-06-04/ Peninei Halacha] discusses why the allowance for ochel nefesh doesn't permit going beyond the techum on Yom Tov.</ref> In general, the techum boundary is 2000 [[amot]] beyond the immediate 4 [[amot]] area around a person.<ref>Shulchan Aruch O.C. 397:1, Kitzur Shulchan Aruch 95:1. Mishna Brurah 397:1 writes that some hold that walking beyond 12 [[mil]] on shabbat is a biblical prohibition, while others consider it a rabbinic prohibition. Magen Avraham 404:1 quotes a dispute between the Maharalbach 28 and Maharam Elshaker 41 whether 12 mil is deoritta for kelim. Ramban Eruvin 43a clearly hold it is deoritta even for kelim. Biur Halacha 404:1 is lenient to rely on Maharalbach since either way many rishonim hold that 12 mil is not deoritta.</ref><br />
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==Determining the techum==<br />
===Outside of a City===<br />
# If a person is alone in the desert, the techum extends 2000 [[amot]] beyond the 4 [[amot]] around him. If a person is in a house at the beginning of Shabbat, the techum is 2000 [[amot]] from outside the house.<ref>39 Melachos (Rabbi Ribiat, vol 4, pg 1386-7)</ref><br />
# If a person starts Shabbat outside a city he can determine the directions of his techum and have 2000 amot in each of those directions. He also is allowed to travel until the end of 2800 amot in the direction of the corners of the square he chose. Once he decided his square he cannot change it that Shabbat.<ref>Chazon Ish 110:24 based on Gra 345:1, Mishna Brurah 345:5. This is the opinion of the Rambam. According to the Rabbenu Tam (Eruvin 51a, Yoma 67a a person always can travel until 2800 amot even without choosing the square. However, Rashbam held that one's square is automatically determined to correspond with the north-south directions of the earth and then one can walk until the end of those corners. Tosfot Yoma and Rosh Eruvin reject Rabbenu Tam.</ref><br />
# If one starts Shabbat in a city, his techum is the entire city. In fact, the city is considered only 4 [[amot]] and one may walk beyond that city for 2000 [[amot]]. A city is considered like 4 amot whether or not it is a walled city.<ref>Tur 398:9, Bet Meir 398:1, Chayey Adam 76:11, Shaar Hatziyun 408:13</ref><br />
#Additionally, if he starts Shabbat outside a city but his techum entirely includes a city, the city is only considered 4 amot. For example, if one's dwelling place is 500 [[amot]] from a city and the city is 1000 [[amot]] long, the city is only considered 4 [[amot]]. Therefore, one is able to walk another 1496 [[amot]] after the city. However, if one's techum ends in the middle of the city, the city is not considered 4 [[amot]] and one may not walk beyond one's techum.<ref>Kitzur Shulchan Aruch 95:12</ref><br />
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===Techum of a City===<br />
# If one is in a village, town, or city, one may have 2000 [[amot]] from the outer bounds of the city, depending on the density of the houses.<ref>Kitzur Shulchan Aruch 95:2</ref> If there are 6 homes each within 70.66 [[amot]] of another home, they are considered a city and the techum would begin from 2000 [[amot]] outside the group of houses. Any home that is within 70.66 [[amot]] of the established city is included in the city. However, a house which is more than 70.66 [[amot]] from the other houses is not included in the city. The techum for residents of that house is 2000 [[amot]] from the edge of that house. Therefore, a suburban area with houses separated more than 70.66 [[amot]] are not considered part of a city and residents of a house only have 2000 [[amot]] from that house.<ref>39 Melachos (Rabbi Ribiat, vol 4, pg 1387-9). Rabbi Ribiat quotes the Minchat Shabbat who explicitly writes that we do have the halachic category of chatzerot nowadays in order to form a city. We still require that there's 2 houses to create a chetzer but if there's 6 houses we have a city. Torat Shlomo Eruvin 19:19 p. 144 explicitly writes that even though we don't use the chatzerot today like rooms you can create a city without chatzerot. See Chazon Ish OC 110:20 who supports this. However, Rav Hershel Schachter ([https://www.yutorah.org/sidebar/lecture.cfm/814168/rabbi-hershel-schachter/shiur-99-shabbos-dechiya/ Shabbat Shiur 99 (very end)] and [https://www.yutorah.org/sidebar/lecture.cfm/814233/rabbi-hershel-schachter/shiur-100-shabbos-chazer-vs-mavui/ Shabbat Shiur 100 (beginning)]) holds that nowadays we don't have a city for techum since we don't use our chatzerot today like a room of the house. Therefore, since we need 3 chatzerot to form a city (S"A 398:10) we can't have a city today. This is based on the Rama, Chazon Ish OC 65:52, and is discussed by Imrei Baruch Eruvin 40-41.</ref><br />
# Many cities have 2000 amot from the edges of the city. Generaly, the techum is drawn as a rectangle around the outermost extremities of the city along the directions of a compass; that is, the techum of the city is 2000 amot from the edge of the northern most house, eastern most house, southern most house, and western most house. However, if the city is already rectangle, L-shaped, or arc shaped may not have this extension of squaring off the city.<ref>39 Melachos (Rabbi Ribiat, vol 4, pg 1391-2)</ref> See [[#Squaring Off a City]] for details.<br />
# Because the laws of establishing a techum and extending the techum with a Eruv techumin are complicated one should consult a local Orthodox Rabbi. <ref>39 Melachos (Rabbi Ribiat, vol 4, pg 1393)</ref><br />
===Squaring Off a City===<br />
#Chazal learn from the Torah that a city is considered as having corners which are drawn according to the cardinal directions of the world.<ref>Eruvin 55a, Shulchan Aruch O.C. 398:3</ref> <br />
# A city that is a square or rectangle is not squared off because it already has corners, even though its corners do not align with the cardinal directions.<ref>Eruvin 55a, Shulchan Aruch O.C. 398:1</ref><br />
# A city that is a circle, triangle, pentagon, hexagon, or more sides are squared off.<ref>Eruvin 55a, Shulchan Aruch O.C. 398:2</ref><br />
# A city with two parallel sides, one side which is wider and one side that is shorter, such as a trapezoid, is squared off by making the shorter side as long as the longer side.<ref>Eruvin 55a, Shulchan Aruch O.C. 398:4</ref> <br />
# A city which has houses within 70.6 amot jutting out on one side, when squaring off the city, the city is measured by the furthest house in that direction.<ref>Eruvin 55a, Shulchan Aruch O.C. 398:6</ref><br />
# A city that is shaped like an L or a semicircle, if the ends are within 4000 amot, it is all considered one city and the area between its two ends is considered as though it was filled in with houses. If the ends are 4000 amot or more between the ends of the city, each branch of the city are considered separate and the area between them is not considered part of the city.<ref>Eruvin 55a, Shulchan Aruch O.C. 398:4</ref> Some are lenient to consider that area part of the city if from the line drawn between the two ends of the city and the middle of the city is less than 2000 amot. Additionally, some are lenient that if the ends gradually spread apart to consider the section of the ends where they are less than 4000 amot apart to be considered filled in.<ref>Rama 398:4</ref><br />
#There is a dispute whether a L shaped or triangular shaped city is squared off according to the cardinal directions or by the side that is straight.<ref>Shulchan Aruch Harav 398:3 and Chayei Adam 68:14 hold that a city that is a triangle or L shaped city is squared off by the cardinal directions. However, Chazon Ish 80 s.v. tos 54a and 110:23 maintains that a city which has one side that is straight is squared off in accordance with that side and not according to the cardinal directions.</ref><br />
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===Joining Cities===<br />
# If two cities are within 141.3 amot of each other they are considered like one city and the techum is drawn around both of them.<ref>Shulchan Aruch O.C. 398:7</ref><br />
# If when drawing the square around a city that would include part of another city, some poskim hold that the two cities are considered one large city and the techum is drawn around both of them.<ref>Minchat Yitzchak 8:33 explains that since the squaring of a city is taken into account before we add the 70 amot of the city if the squaring off of a city includes another city everything should be considered one large city. His proof is the concept of Eruvin 55a that the arms of a bow-shaped city join as long as they are within 4000 amot of each other. The Chazon Ish 110:16 wasn't sure whether or not the cities join when the squaring off of each other join. Rav Chaim Kanievsky in [http://www.hebrewbooks.org/pdfpager.aspx?req=49174&st=&pgnum=383 Shoneh Halachot 398:19 and 21] writes that Chazon Ish held that they do join but left it unresolved (הדבר צריך הכרע). Zecher Tzvi (techum Shabbat p. 21) holds that one can be lenient based on Chazon Ish. Dirshu 398:21 quotes Rav Dovid Landau who holds that since Chazon Ish left this unresolved one must be strict. Dirshu 398:21 cites Rav Wosner (Kitzur Hilchot Medidat techumin) as holding that one can be lenient, but Rav Elyashiv as holding that one should be strict. [https://www.hebrewbooks.org/pdfpager.aspx?req=21547&st=&pgnum=250 Mechzeh Eliyahu 1:74] and 77 is lenient. Machneh Yisrael of Rabbi Dimitrovsky p. 19-22 writes that one who is lenient has what to rely upon and supports this from the Rambam and Meiri. He also cites Rav Elyashiv as being strict. Mdarkei Hatechum p. 18 quotes Rav Dovid Feinstein, Rav Belsky, Rav Elyashiv, and Rav Nissim Karelitz as holding that we cannot cities based on the squaring off of the city.</ref><br />
#This dispute directly impacts if one may walk from Brooklyn to Manhattan. If one is lenient about the above question, if someone starts Shabbat in Manhattan he can walk to Brooklyn and vice versa. If one is strict about the above dispute he may not.<Ref>Mdarkei Hatechum p. 19</ref> <br />
#Nontheless, even those who are strict not to consider both cities to be like one large city agree that if someone starts Shabbat within the squaring off of the techum of one city he may walk throughout that city. For example, if he starts Shabbat in a specific section of Manhattan that is within the squaring off of the techum of Brooklyn, he may walk throughout Brooklyn on Shabbat.<ref>Mdarkei Hatechum p. 19</ref><br />
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==Techum of Specific Cities==<br />
===Techum of Manhattan===<br />
#There are two ways to square off the city of Manhattan to determine its techum.<br />
##Method 1: One way is to draw a rectangle using the western side as a single straight side. A parallel line is drawn with the same length at the same angle to the east of the island. Then two shorter sides are drawn perpendicular to the parallel lines to complete the rectangle. This is Chazon Ish's method to squaring off a city. According to this a small section of Brooklyn and possibly a tiny section of Jersey City are included in the squaring off of Manhattan. <br />
##Method 2: Another way of squaring off Manhattan is to square it off based on the cardinal directions. The western border is drawn from the western most part of the island, and the same is done for the other directions so that there is a rectangle which aligns with the cardinal directions. This squaring off of Manhattan easily protrudes into Brooklyn as well as Fort Lee.<ref>Rav Yitzchak Shpitzer and Rav Yechezkel Shraga Weiss (Poalim Ltorah v. 17 pp. 113-131)</ref><br />
<center><gallery><br />
Ribu'a of Manhattan (Chazon Ish).png|Method 1: along the western side on [https://www.google.com/maps/d/u/0/edit?mid=1C_35EvqooOX1dJDROrMgWiz__xSp1J8&usp=sharing google maps]<br />
Ribu'a of Manhattan (Ruchot Haolam).png|Method 2: according to the cardinal directions on [https://www.google.com/maps/d/u/0/edit?mid=1C_35EvqooOX1dJDROrMgWiz__xSp1J8&usp=sharing google maps]<br />
</gallery></center><br />
#The ramification of this question is whether it is permissible to cross the Williamsburg bridge or Washington bridge on Shabbat. According to the Chazon Ish's squaring off of Manhattan both of these bridges would be beyond the techum; accordingly, it is forbidden to cross these on Shabbat. According to the other method, both of these bridges and some adjacent area is within the squaring off of Manhattan; according to this view it is permissible to cross these bridges on Shabbat.<ref>Rav Yitzchak Shpitzer and Rav Yechezkel Shraga Weiss (Poalim Ltorah v. 17 pp. 113-131)</ref><br />
#Yet, even according to Chazon Ish's view there are three other arguments that possibly could allow for crossing these bridges. 1) Chazon Ish suggests that cities join together if even just a small part of their squaring off overlap. Rav Elyashiv disagrees. If one were to be lenient on this question, then even according to the first method of squaring off Manhattan it joins with Fort Lee and Brooklyn. 2) Tunnels with buildings on top potentially join cities. 3) The Williamsburg bridge had a booth for guards to watch the bridge. Some poskim hold that this makes the entire bridge like a dwelling place and then it would join Manhattan and Brooklyn together. In practice, some rabbis allow walking over the Williamsburg bridges and others do not.<ref>Rav Yitzchak Shpitzer and Rav Yechezkel Shraga Weiss (Poalim Ltorah v. 17 pp. 113-131)</ref><br />
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==Moving Packages Received on Shabbat==<br />
# If one isn't sure if an item was brought from beyond the techum on Shabbos, one may not to move it beyond 4 amot even though techum is rabbinic.<Ref>Beitzah 24b, Shulchan Aruch O.C. 515:1</ref><br />
# Even if the package was delivered from outside of the techum if the package was placed in a house or building then it can be moved within the house since the house walls are considered 4 amot.<ref>Shulchan Aruch O.C. 405:1 writes that people who leave the techum only have 4 amot. Shulchan Aruch 405:9 applies these laws to objects as well. Shulchan Aruch 405:6 writes that if a person left the techum accidentally or was forcibly was moved by non-Jews and ended up beyond the techum within a walled area the entire walled area is considered like 4 amot. However, if a Jew left the techum intentionally he only has 4 amot. However, with respect to objects that left the techum, Mishna Brurah 405:50 writes that if the objects left the techum and entered a walled area they can be moved within the entire walled area whether they were moved there intentionally or unintentionally.</ref><br />
#If a package was delivered from outside the techum on Shabbat for a Jew he cannot benefit from it on Shabbat or even after Shabbat the time it would take to bring it from beyond the techum. He is allowed to move the package up within 4 amot or if it is in a building within the walls of the building.<ref>Shulchan Aruch O.C. 325:8. Shulchan Aruch quotes two opinions about whether he must wait until the time it takes to bring it from beyond the techum in order to eat it. Mishna Brurah 325:40 implies that he is strict about this question, though he doesn't require waiting until Sunday morning the time it takes to deliver it from beyond the techum like the opinion Rama quotes.</ref><br />
<br />
==Walking to the edge of the techum==<br />
# It is forbidden to walk to the edge of the techum in order to leave on a journey quickly after Shabbat. However, if the action one is going to do after [[Shabbat]] could theoretically have been done on [[Shabbat]], it is not forbidden to walk tot the edge of the techum waiting for the end of [[Shabbat]]. For example, one may walk to the edge of the techum in order to bring one's animal back because theoretically one could have done this on Shabbat if there were houses extending the techum. Also one may walk to the edge of the techum in order to collect fruit which fell before [[Shabbat]] and aren't [[Muktzeh]] because theoretically one could have done so on [[Shabbat]] if there were walls surrounding the path (which would permit [[carrying on Shabbat]]). <ref>Kitzur Shulchan Aruch 90:3</ref><br />
# One may walk to one's garden within the techum in order to pick fruit after [[Shabbat]] since it is not evident that one is walking there for that purpose.<ref>Kitzur Shulchan Aruch 90:3</ref><br />
<br />
==Techum above Ten Tefachim==<br />
# There is an unresolved discussion in the Gemara whether there is techum above ten tefachim. We are lenient if a person started Shabbat above ten tefachim that he doesn't have a techum of two thousand amot as long as he didn't yet land or reach a place that is connected to the ground.<ref>Gemara Eruvin 43a-b, Shulchan Aruch OC 404:1</ref> This is relevant to a person who was on a boat at the beginning of Shabbat.<ref>Shulchan Aruch 404:1</ref><br />
# A wagon is considered within ten tefachim of the ground since the wheels rest on the ground and the wagon itself if bigger than 4 tefachim.<ref>Shoel Umeishiv 5:3</ref><br />
==Techum of Property==<br />
# A barrel that belongs to two people that was split up on Yom Tov, each part has the techum of the owner of that half even though it was only split up on Yom Tov.<ref> The Gemara Beitzah 37b records a dispute between Rav and Shmuel whether we hold of the concept of berierah. Berierah is that we can view an eventual decision as though it already happened to clarify what is the case now. Rav holds of it and Shmuel does not. The gemara’s conclusion (38a) is that for derabbanan concepts we hold of Berierah. This is codified by the Rambam (Yom Tov 5:20) and Shulchan Aruch 397:10.</ref><br />
==Boats==<br />
#Some permit getting on a boat before Shabbat even though the boat will travel more than the techum on Shabbat because the traveler isn't walking or moving himself, rather the water is moving the boat.<ref>Rashbam cited by Tosfot Eruvin 43a, Ramban Eruvin 43a, Rashba Eruvin 43a</ref> However, most rishonim disagree and hold that traveling more than the techum on a boat is forbidden.<Ref>Rabbenu Chananel Shabbat 19a, Rambam (teshuva 308-310), Ritva Eruvin 43a, Rif Shabbat 7b according to Bet Yosef 248. Maharik 45 understands that Rif can hold like Rashbam. Chazon Ovadia v. 1 pp. 127-130 proves that the poskim don't accept the Rashbam and that's how he holds.</ref> Nonetheless, there are other leniencies about traveling beyond the techum on a boat: <br />
## If the boat is always above 10 tefachim from the seabed there is no prohibition to go in the boat beyond techum since there is no techum above 10 tefachim in the water, according to many poskim.<ref> Rabbenu Chananel Shabbat 19a, Rambam (teshuva 308-310), Rif Shabbat 7b, Shulchan Aruch 248:2</ref><br />
##Some permit getting on a boat more than 3 days before Shabbat even though it is known that it will continue to travel on Shabbat more than the techum, even if it is within 10 tefachim.<Ref>Maharik 45, Rama 248:1, Shulchan Aruch Harav 248:3</ref><br />
## Nonetheless, it is forbidden to get on a boat on Shabbat itself.<Ref>Mishna Brurah 248:21</ref><br />
## If someone was on a boat from before Shabbat and it was always above 10 tefachim, he may get off the boat. Once he gets off the boat he only can walk 2000 amot. Some are strict to hold that he may not get off the boat.<ref>Gemara Eruvin 43a has a unresolved question about whether there is techumin above 10 tefachim. Rambam (teshuva 308) and Ramban (Eruvin 43a) are lenient if the question is only rabbinic. Rosh, however, is strict that there is techumin above 10 tefachim. According to Rambam and Ramban, it is permissible to get off the boat if he was on there from before Shabbat since his techum didn't begin while he was on the boat above 10 tefachim. According to Rosh he may not get off the boat. Shulchan Aruch 404:1 holds like Rambam and Ramban. Mishna Brurah 248:22 writes that it is permissible to disembark from the boat and go up to 2000 amot if he was on the boat from before Shabbat.</ref><br />
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==Airplane that Landed on Shabbat==<br />
#It is forbidden to go on a plane that will land on Shabbat.<Ref>Igrot Moshe OC 3:97</ref><br />
#If someone was in an airplane that landed on Shabbat, because of circumstances beyond his control, there is a discussion if it is permitted to get off the plane because of techum. Some allow getting off the plane into the walkway that is attached to the plane and airport. Still one may not leave the airport unless it is included in the techum of the city.<Ref>Igrot Moshe OC 3:97 holds that even if there’s no techum while the airplane is moving, there is techum once it lands. Since from the point it landed until the terminal is more than 2000 amot, it is forbidden to get off the plane. He's discussing leaving from the plane onto the tarmac. techumei Shabbat p. 48 is lenient in extenuating circumstances to get off the plane into the walkway attached to the plane since it is all like 4 amot. See also Tzitz Eliezer 1:21:18.</ref><br />
<br />
==Someone who came from beyond the techum==<br />
#Someone who was brought against his will from beyond the techum and was brought against his will back into a walled area that area is considered like 4 amot.<ref><br />
* Rosh (perek mi shehotziyhu 10) holds that in order for the city to count like 4 amot for techumin it must have walls made for living. This is true both when acquiring techum at the beginning of Shabbat and if brought from beyond the techum and put into walls. <br />
* Rabbenu Yerucham (cited by Beit Yosef 405:6) holds that in order for the city to count like 4 amot it must have walls made for living only when brought from beyond the techum. However, when acquiring techum at the beginning of Shabbat walls aren't necessary. Biur Halacha (405:8 s.v. im) rules in according with this view. Dirshu 405:17 also infers this from Shaar Hatziyun 408:13.<br />
*Ramban (Eruvin 41a) holds that walls are never necessary for a city to be considered 4 amot. Biur Halacha (405:6 s.v. mukfet) writes that in an extenuating circumstance you can rely on this opinion, unlike Shulchan Aruch O.C. 405:6 who rules unlike Ramban.</ref><br />
==Links==<br />
# See a summary of the halacha's of techum with pictures on [http://www.techumshabbos.com/the-basic-halachos-in-a-rush.html techumShabbos.com]<br />
# [https://ph.yhb.org.il/category/%d7%a9%d7%91%d7%aa/30-%d7%aa%d7%97%d7%95%d7%9e%d7%99-%d7%a9%d7%91%d7%aa/ פניני הלכה, שבת פרק ל]<br />
<br />
==Sources==<br />
<references/></div>ChachamYhttps://halachipedia.com/index.php?title=Techum&diff=31519Techum2023-06-25T23:18:16Z<p>ChachamY: /* Techum of Manhattan */</p>
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<div>A person may not leave a certain area from where he started Shabbat. This boundary of where he cannot leave is called the ''techum'' (heb. תחום; lit. border). Every person has a unique techum depending on where he was at the beginning of Shabbat. It is forbidden to walk beyond one's techum on Shabbat, Yom Tov, or Yom Kippur.<ref>Shulchan Aruch O.C. 396:1, 495:1, 611:1. [https://ph.yhb.org.il/12-06-04/ Peninei Halacha] discusses why the allowance for ochel nefesh doesn't permit going beyond the techum on Yom Tov.</ref> In general, the techum boundary is 2000 [[amot]] beyond the immediate 4 [[amot]] area around a person.<ref>Shulchan Aruch O.C. 397:1, Kitzur Shulchan Aruch 95:1. Mishna Brurah 397:1 writes that some hold that walking beyond 12 [[mil]] on shabbat is a biblical prohibition, while others consider it a rabbinic prohibition. Magen Avraham 404:1 quotes a dispute between the Maharalbach 28 and Maharam Elshaker 41 whether 12 mil is deoritta for kelim. Ramban Eruvin 43a clearly hold it is deoritta even for kelim. Biur Halacha 404:1 is lenient to rely on Maharalbach since either way many rishonim hold that 12 mil is not deoritta.</ref><br />
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==Determining the techum==<br />
===Outside of a City===<br />
# If a person is alone in the desert, the techum extends 2000 [[amot]] beyond the 4 [[amot]] around him. If a person is in a house at the beginning of Shabbat, the techum is 2000 [[amot]] from outside the house.<ref>39 Melachos (Rabbi Ribiat, vol 4, pg 1386-7)</ref><br />
# If a person starts Shabbat outside a city he can determine the directions of his techum and have 2000 amot in each of those directions. He also is allowed to travel until the end of 2800 amot in the direction of the corners of the square he chose. Once he decided his square he cannot change it that Shabbat.<ref>Chazon Ish 110:24 based on Gra 345:1, Mishna Brurah 345:5. This is the opinion of the Rambam. According to the Rabbenu Tam (Eruvin 51a, Yoma 67a a person always can travel until 2800 amot even without choosing the square. However, Rashbam held that one's square is automatically determined to correspond with the north-south directions of the earth and then one can walk until the end of those corners. Tosfot Yoma and Rosh Eruvin reject Rabbenu Tam.</ref><br />
# If one starts Shabbat in a city, his techum is the entire city. In fact, the city is considered only 4 [[amot]] and one may walk beyond that city for 2000 [[amot]]. A city is considered like 4 amot whether or not it is a walled city.<ref>Tur 398:9, Bet Meir 398:1, Chayey Adam 76:11, Shaar Hatziyun 408:13</ref><br />
#Additionally, if he starts Shabbat outside a city but his techum entirely includes a city, the city is only considered 4 amot. For example, if one's dwelling place is 500 [[amot]] from a city and the city is 1000 [[amot]] long, the city is only considered 4 [[amot]]. Therefore, one is able to walk another 1496 [[amot]] after the city. However, if one's techum ends in the middle of the city, the city is not considered 4 [[amot]] and one may not walk beyond one's techum.<ref>Kitzur Shulchan Aruch 95:12</ref><br />
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===Techum of a City===<br />
# If one is in a village, town, or city, one may have 2000 [[amot]] from the outer bounds of the city, depending on the density of the houses.<ref>Kitzur Shulchan Aruch 95:2</ref> If there are 6 homes each within 70.66 [[amot]] of another home, they are considered a city and the techum would begin from 2000 [[amot]] outside the group of houses. Any home that is within 70.66 [[amot]] of the established city is included in the city. However, a house which is more than 70.66 [[amot]] from the other houses is not included in the city. The techum for residents of that house is 2000 [[amot]] from the edge of that house. Therefore, a suburban area with houses separated more than 70.66 [[amot]] are not considered part of a city and residents of a house only have 2000 [[amot]] from that house.<ref>39 Melachos (Rabbi Ribiat, vol 4, pg 1387-9). Rabbi Ribiat quotes the Minchat Shabbat who explicitly writes that we do have the halachic category of chatzerot nowadays in order to form a city. We still require that there's 2 houses to create a chetzer but if there's 6 houses we have a city. Torat Shlomo Eruvin 19:19 p. 144 explicitly writes that even though we don't use the chatzerot today like rooms you can create a city without chatzerot. See Chazon Ish OC 110:20 who supports this. However, Rav Hershel Schachter ([https://www.yutorah.org/sidebar/lecture.cfm/814168/rabbi-hershel-schachter/shiur-99-shabbos-dechiya/ Shabbat Shiur 99 (very end)] and [https://www.yutorah.org/sidebar/lecture.cfm/814233/rabbi-hershel-schachter/shiur-100-shabbos-chazer-vs-mavui/ Shabbat Shiur 100 (beginning)]) holds that nowadays we don't have a city for techum since we don't use our chatzerot today like a room of the house. Therefore, since we need 3 chatzerot to form a city (S"A 398:10) we can't have a city today. This is based on the Rama, Chazon Ish OC 65:52, and is discussed by Imrei Baruch Eruvin 40-41.</ref><br />
# Many cities have 2000 amot from the edges of the city. Generaly, the techum is drawn as a rectangle around the outermost extremities of the city along the directions of a compass; that is, the techum of the city is 2000 amot from the edge of the northern most house, eastern most house, southern most house, and western most house. However, if the city is already rectangle, L-shaped, or arc shaped may not have this extension of squaring off the city.<ref>39 Melachos (Rabbi Ribiat, vol 4, pg 1391-2)</ref> See [[#Squaring Off a City]] for details.<br />
# Because the laws of establishing a techum and extending the techum with a Eruv techumin are complicated one should consult a local Orthodox Rabbi. <ref>39 Melachos (Rabbi Ribiat, vol 4, pg 1393)</ref><br />
===Squaring Off a City===<br />
#Chazal learn from the Torah that a city is considered as having corners which are drawn according to the cardinal directions of the world.<ref>Eruvin 55a, Shulchan Aruch O.C. 398:3</ref> <br />
# A city that is a square or rectangle is not squared off because it already has corners, even though its corners do not align with the cardinal directions.<ref>Eruvin 55a, Shulchan Aruch O.C. 398:1</ref><br />
# A city that is a circle, triangle, pentagon, hexagon, or more sides are squared off.<ref>Eruvin 55a, Shulchan Aruch O.C. 398:2</ref><br />
# A city with two parallel sides, one side which is wider and one side that is shorter, such as a trapezoid, is squared off by making the shorter side as long as the longer side.<ref>Eruvin 55a, Shulchan Aruch O.C. 398:4</ref> <br />
# A city which has houses within 70.6 amot jutting out on one side, when squaring off the city, the city is measured by the furthest house in that direction.<ref>Eruvin 55a, Shulchan Aruch O.C. 398:6</ref><br />
# A city that is shaped like an L or a semicircle, if the ends are within 4000 amot, it is all considered one city and the area between its two ends is considered as though it was filled in with houses. If the ends are 4000 amot or more between the ends of the city, each branch of the city are considered separate and the area between them is not considered part of the city.<ref>Eruvin 55a, Shulchan Aruch O.C. 398:4</ref> Some are lenient to consider that area part of the city if from the line drawn between the two ends of the city and the middle of the city is less than 2000 amot. Additionally, some are lenient that if the ends gradually spread apart to consider the section of the ends where they are less than 4000 amot apart to be considered filled in.<ref>Rama 398:4</ref><br />
#There is a dispute whether a L shaped or triangular shaped city is squared off according to the cardinal directions or by the side that is straight.<ref>Shulchan Aruch Harav 398:3 and Chayei Adam 68:14 hold that a city that is a triangle or L shaped city is squared off by the cardinal directions. However, Chazon Ish 80 s.v. tos 54a and 110:23 maintains that a city which has one side that is straight is squared off in accordance with that side and not according to the cardinal directions.</ref><br />
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===Joining Cities===<br />
# If two cities are within 141.3 amot of each other they are considered like one city and the techum is drawn around both of them.<ref>Shulchan Aruch O.C. 398:7</ref><br />
# If when drawing the square around a city that would include part of another city, some poskim hold that the two cities are considered one large city and the techum is drawn around both of them.<ref>Minchat Yitzchak 8:33 explains that since the squaring of a city is taken into account before we add the 70 amot of the city if the squaring off of a city includes another city everything should be considered one large city. His proof is the concept of Eruvin 55a that the arms of a bow-shaped city join as long as they are within 4000 amot of each other. The Chazon Ish 110:16 wasn't sure whether or not the cities join when the squaring off of each other join. Rav Chaim Kanievsky in [http://www.hebrewbooks.org/pdfpager.aspx?req=49174&st=&pgnum=383 Shoneh Halachot 398:19 and 21] writes that Chazon Ish held that they do join but left it unresolved (הדבר צריך הכרע). Zecher Tzvi (techum Shabbat p. 21) holds that one can be lenient based on Chazon Ish. Dirshu 398:21 quotes Rav Dovid Landau who holds that since Chazon Ish left this unresolved one must be strict. Dirshu 398:21 cites Rav Wosner (Kitzur Hilchot Medidat techumin) as holding that one can be lenient, but Rav Elyashiv as holding that one should be strict. [https://www.hebrewbooks.org/pdfpager.aspx?req=21547&st=&pgnum=250 Mechzeh Eliyahu 1:74] and 77 is lenient. Machneh Yisrael of Rabbi Dimitrovsky p. 19-22 writes that one who is lenient has what to rely upon and supports this from the Rambam and Meiri. He also cites Rav Elyashiv as being strict. Mdarkei Hatechum p. 18 quotes Rav Dovid Feinstein, Rav Belsky, Rav Elyashiv, and Rav Nissim Karelitz as holding that we cannot cities based on the squaring off of the city.</ref><br />
#This dispute directly impacts if one may walk from Brooklyn to Manhattan. If one is lenient about the above question, if someone starts Shabbat in Manhattan he can walk to Brooklyn and vice versa. If one is strict about the above dispute he may not.<Ref>Mdarkei Hatechum p. 19</ref> <br />
#Nontheless, even those who are strict not to consider both cities to be like one large city agree that if someone starts Shabbat within the squaring off of the techum of one city he may walk throughout that city. For example, if he starts Shabbat in a specific section of Manhattan that is within the squaring off of the techum of Brooklyn, he may walk throughout Brooklyn on Shabbat.<ref>Mdarkei Hatechum p. 19</ref><br />
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==Techum of Specific Cities==<br />
===Techum of Manhattan===<br />
#There are two ways to square off the city of Manhattan to determine its techum.<ref>Rav Yitzchak Shpitzer and Rav Yechezkel Shraga Weiss in an article to R' Beresh Rapaport</ref><br />
##Method 1: One way is to draw a rectangle using the western side as a single straight side. A parallel line is drawn with the same length at the same angle to the east of the island. Then two shorter sides are drawn perpendicular to the parallel lines to complete the rectangle. This is Chazon Ish's method to squaring off a city. According to this a small section of Brooklyn and possibly a tiny section of Jersey City are included in the squaring off of Manhattan. <br />
##Method 2: Another way of squaring off Manhattan is to square it off based on the cardinal directions. The western border is drawn from the western most part of the island, and the same is done for the other directions so that there is a rectangle which aligns with the cardinal directions. This squaring off of Manhattan easily protrudes into Brooklyn as well as Fort Lee. <br />
<center><gallery><br />
Ribu'a of Manhattan (Chazon Ish).png|Method 1: along the western side on [https://www.google.com/maps/d/u/0/edit?mid=1C_35EvqooOX1dJDROrMgWiz__xSp1J8&usp=sharing google maps]<br />
Ribu'a of Manhattan (Ruchot Haolam).png|Method 2: according to the cardinal directions on [https://www.google.com/maps/d/u/0/edit?mid=1C_35EvqooOX1dJDROrMgWiz__xSp1J8&usp=sharing google maps]<br />
</gallery></center><br />
#The ramification of this question is whether it is permissible to cross the Williamsburg bridge or Washington bridge on Shabbat. According to the Chazon Ish's squaring off of Manhattan both of these bridges would be beyond the techum; accordingly, it is forbidden to cross these on Shabbat. According to the other method, both of these bridges and some adjacent area is within the squaring off of Manhattan; according to this view it is permissible to cross these bridges on Shabbat. <br />
#Yet, even according to Chazon Ish's view there are three other arguments that possibly could allow for crossing these bridges. 1) Chazon Ish suggests that cities join together if even just a small part of their squaring off overlap. Rav Elyashiv disagrees. If one were to be lenient on this question, then even according to the first method of squaring off Manhattan it joins with Fort Lee and Brooklyn. 2) Tunnels with buildings on top potentially join cities. 3) The Williamsburg bridge had a booth for guards to watch the bridge. Some poskim hold that this makes the entire bridge like a dwelling place and then it would join Manhattan and Brooklyn together. In practice, some rabbis allow walking over the Williamsburg bridges and others do not.<br />
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==Moving Packages Received on Shabbat==<br />
# If one isn't sure if an item was brought from beyond the techum on Shabbos, one may not to move it beyond 4 amot even though techum is rabbinic.<Ref>Beitzah 24b, Shulchan Aruch O.C. 515:1</ref><br />
# Even if the package was delivered from outside of the techum if the package was placed in a house or building then it can be moved within the house since the house walls are considered 4 amot.<ref>Shulchan Aruch O.C. 405:1 writes that people who leave the techum only have 4 amot. Shulchan Aruch 405:9 applies these laws to objects as well. Shulchan Aruch 405:6 writes that if a person left the techum accidentally or was forcibly was moved by non-Jews and ended up beyond the techum within a walled area the entire walled area is considered like 4 amot. However, if a Jew left the techum intentionally he only has 4 amot. However, with respect to objects that left the techum, Mishna Brurah 405:50 writes that if the objects left the techum and entered a walled area they can be moved within the entire walled area whether they were moved there intentionally or unintentionally.</ref><br />
#If a package was delivered from outside the techum on Shabbat for a Jew he cannot benefit from it on Shabbat or even after Shabbat the time it would take to bring it from beyond the techum. He is allowed to move the package up within 4 amot or if it is in a building within the walls of the building.<ref>Shulchan Aruch O.C. 325:8. Shulchan Aruch quotes two opinions about whether he must wait until the time it takes to bring it from beyond the techum in order to eat it. Mishna Brurah 325:40 implies that he is strict about this question, though he doesn't require waiting until Sunday morning the time it takes to deliver it from beyond the techum like the opinion Rama quotes.</ref><br />
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==Walking to the edge of the techum==<br />
# It is forbidden to walk to the edge of the techum in order to leave on a journey quickly after Shabbat. However, if the action one is going to do after [[Shabbat]] could theoretically have been done on [[Shabbat]], it is not forbidden to walk tot the edge of the techum waiting for the end of [[Shabbat]]. For example, one may walk to the edge of the techum in order to bring one's animal back because theoretically one could have done this on Shabbat if there were houses extending the techum. Also one may walk to the edge of the techum in order to collect fruit which fell before [[Shabbat]] and aren't [[Muktzeh]] because theoretically one could have done so on [[Shabbat]] if there were walls surrounding the path (which would permit [[carrying on Shabbat]]). <ref>Kitzur Shulchan Aruch 90:3</ref><br />
# One may walk to one's garden within the techum in order to pick fruit after [[Shabbat]] since it is not evident that one is walking there for that purpose.<ref>Kitzur Shulchan Aruch 90:3</ref><br />
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==Techum above Ten Tefachim==<br />
# There is an unresolved discussion in the Gemara whether there is techum above ten tefachim. We are lenient if a person started Shabbat above ten tefachim that he doesn't have a techum of two thousand amot as long as he didn't yet land or reach a place that is connected to the ground.<ref>Gemara Eruvin 43a-b, Shulchan Aruch OC 404:1</ref> This is relevant to a person who was on a boat at the beginning of Shabbat.<ref>Shulchan Aruch 404:1</ref><br />
# A wagon is considered within ten tefachim of the ground since the wheels rest on the ground and the wagon itself if bigger than 4 tefachim.<ref>Shoel Umeishiv 5:3</ref><br />
==Techum of Property==<br />
# A barrel that belongs to two people that was split up on Yom Tov, each part has the techum of the owner of that half even though it was only split up on Yom Tov.<ref> The Gemara Beitzah 37b records a dispute between Rav and Shmuel whether we hold of the concept of berierah. Berierah is that we can view an eventual decision as though it already happened to clarify what is the case now. Rav holds of it and Shmuel does not. The gemara’s conclusion (38a) is that for derabbanan concepts we hold of Berierah. This is codified by the Rambam (Yom Tov 5:20) and Shulchan Aruch 397:10.</ref><br />
==Boats==<br />
#Some permit getting on a boat before Shabbat even though the boat will travel more than the techum on Shabbat because the traveler isn't walking or moving himself, rather the water is moving the boat.<ref>Rashbam cited by Tosfot Eruvin 43a, Ramban Eruvin 43a, Rashba Eruvin 43a</ref> However, most rishonim disagree and hold that traveling more than the techum on a boat is forbidden.<Ref>Rabbenu Chananel Shabbat 19a, Rambam (teshuva 308-310), Ritva Eruvin 43a, Rif Shabbat 7b according to Bet Yosef 248. Maharik 45 understands that Rif can hold like Rashbam. Chazon Ovadia v. 1 pp. 127-130 proves that the poskim don't accept the Rashbam and that's how he holds.</ref> Nonetheless, there are other leniencies about traveling beyond the techum on a boat: <br />
## If the boat is always above 10 tefachim from the seabed there is no prohibition to go in the boat beyond techum since there is no techum above 10 tefachim in the water, according to many poskim.<ref> Rabbenu Chananel Shabbat 19a, Rambam (teshuva 308-310), Rif Shabbat 7b, Shulchan Aruch 248:2</ref><br />
##Some permit getting on a boat more than 3 days before Shabbat even though it is known that it will continue to travel on Shabbat more than the techum, even if it is within 10 tefachim.<Ref>Maharik 45, Rama 248:1, Shulchan Aruch Harav 248:3</ref><br />
## Nonetheless, it is forbidden to get on a boat on Shabbat itself.<Ref>Mishna Brurah 248:21</ref><br />
## If someone was on a boat from before Shabbat and it was always above 10 tefachim, he may get off the boat. Once he gets off the boat he only can walk 2000 amot. Some are strict to hold that he may not get off the boat.<ref>Gemara Eruvin 43a has a unresolved question about whether there is techumin above 10 tefachim. Rambam (teshuva 308) and Ramban (Eruvin 43a) are lenient if the question is only rabbinic. Rosh, however, is strict that there is techumin above 10 tefachim. According to Rambam and Ramban, it is permissible to get off the boat if he was on there from before Shabbat since his techum didn't begin while he was on the boat above 10 tefachim. According to Rosh he may not get off the boat. Shulchan Aruch 404:1 holds like Rambam and Ramban. Mishna Brurah 248:22 writes that it is permissible to disembark from the boat and go up to 2000 amot if he was on the boat from before Shabbat.</ref><br />
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==Airplane that Landed on Shabbat==<br />
#It is forbidden to go on a plane that will land on Shabbat.<Ref>Igrot Moshe OC 3:97</ref><br />
#If someone was in an airplane that landed on Shabbat, because of circumstances beyond his control, there is a discussion if it is permitted to get off the plane because of techum. Some allow getting off the plane into the walkway that is attached to the plane and airport. Still one may not leave the airport unless it is included in the techum of the city.<Ref>Igrot Moshe OC 3:97 holds that even if there’s no techum while the airplane is moving, there is techum once it lands. Since from the point it landed until the terminal is more than 2000 amot, it is forbidden to get off the plane. He's discussing leaving from the plane onto the tarmac. techumei Shabbat p. 48 is lenient in extenuating circumstances to get off the plane into the walkway attached to the plane since it is all like 4 amot. See also Tzitz Eliezer 1:21:18.</ref><br />
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==Someone who came from beyond the techum==<br />
#Someone who was brought against his will from beyond the techum and was brought against his will back into a walled area that area is considered like 4 amot.<ref><br />
* Rosh (perek mi shehotziyhu 10) holds that in order for the city to count like 4 amot for techumin it must have walls made for living. This is true both when acquiring techum at the beginning of Shabbat and if brought from beyond the techum and put into walls. <br />
* Rabbenu Yerucham (cited by Beit Yosef 405:6) holds that in order for the city to count like 4 amot it must have walls made for living only when brought from beyond the techum. However, when acquiring techum at the beginning of Shabbat walls aren't necessary. Biur Halacha (405:8 s.v. im) rules in according with this view. Dirshu 405:17 also infers this from Shaar Hatziyun 408:13.<br />
*Ramban (Eruvin 41a) holds that walls are never necessary for a city to be considered 4 amot. Biur Halacha (405:6 s.v. mukfet) writes that in an extenuating circumstance you can rely on this opinion, unlike Shulchan Aruch O.C. 405:6 who rules unlike Ramban.</ref><br />
==Links==<br />
# See a summary of the halacha's of techum with pictures on [http://www.techumshabbos.com/the-basic-halachos-in-a-rush.html techumShabbos.com]<br />
# [https://ph.yhb.org.il/category/%d7%a9%d7%91%d7%aa/30-%d7%aa%d7%97%d7%95%d7%9e%d7%99-%d7%a9%d7%91%d7%aa/ פניני הלכה, שבת פרק ל]<br />
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==Sources==<br />
<references/></div>ChachamYhttps://halachipedia.com/index.php?title=Techum&diff=31518Techum2023-06-25T23:07:48Z<p>ChachamY: /* Techum of Manhattan */</p>
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<div>A person may not leave a certain area from where he started Shabbat. This boundary of where he cannot leave is called the ''techum'' (heb. תחום; lit. border). Every person has a unique techum depending on where he was at the beginning of Shabbat. It is forbidden to walk beyond one's techum on Shabbat, Yom Tov, or Yom Kippur.<ref>Shulchan Aruch O.C. 396:1, 495:1, 611:1. [https://ph.yhb.org.il/12-06-04/ Peninei Halacha] discusses why the allowance for ochel nefesh doesn't permit going beyond the techum on Yom Tov.</ref> In general, the techum boundary is 2000 [[amot]] beyond the immediate 4 [[amot]] area around a person.<ref>Shulchan Aruch O.C. 397:1, Kitzur Shulchan Aruch 95:1. Mishna Brurah 397:1 writes that some hold that walking beyond 12 [[mil]] on shabbat is a biblical prohibition, while others consider it a rabbinic prohibition. Magen Avraham 404:1 quotes a dispute between the Maharalbach 28 and Maharam Elshaker 41 whether 12 mil is deoritta for kelim. Ramban Eruvin 43a clearly hold it is deoritta even for kelim. Biur Halacha 404:1 is lenient to rely on Maharalbach since either way many rishonim hold that 12 mil is not deoritta.</ref><br />
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==Determining the techum==<br />
===Outside of a City===<br />
# If a person is alone in the desert, the techum extends 2000 [[amot]] beyond the 4 [[amot]] around him. If a person is in a house at the beginning of Shabbat, the techum is 2000 [[amot]] from outside the house.<ref>39 Melachos (Rabbi Ribiat, vol 4, pg 1386-7)</ref><br />
# If a person starts Shabbat outside a city he can determine the directions of his techum and have 2000 amot in each of those directions. He also is allowed to travel until the end of 2800 amot in the direction of the corners of the square he chose. Once he decided his square he cannot change it that Shabbat.<ref>Chazon Ish 110:24 based on Gra 345:1, Mishna Brurah 345:5. This is the opinion of the Rambam. According to the Rabbenu Tam (Eruvin 51a, Yoma 67a a person always can travel until 2800 amot even without choosing the square. However, Rashbam held that one's square is automatically determined to correspond with the north-south directions of the earth and then one can walk until the end of those corners. Tosfot Yoma and Rosh Eruvin reject Rabbenu Tam.</ref><br />
# If one starts Shabbat in a city, his techum is the entire city. In fact, the city is considered only 4 [[amot]] and one may walk beyond that city for 2000 [[amot]]. A city is considered like 4 amot whether or not it is a walled city.<ref>Tur 398:9, Bet Meir 398:1, Chayey Adam 76:11, Shaar Hatziyun 408:13</ref><br />
#Additionally, if he starts Shabbat outside a city but his techum entirely includes a city, the city is only considered 4 amot. For example, if one's dwelling place is 500 [[amot]] from a city and the city is 1000 [[amot]] long, the city is only considered 4 [[amot]]. Therefore, one is able to walk another 1496 [[amot]] after the city. However, if one's techum ends in the middle of the city, the city is not considered 4 [[amot]] and one may not walk beyond one's techum.<ref>Kitzur Shulchan Aruch 95:12</ref><br />
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===Techum of a City===<br />
# If one is in a village, town, or city, one may have 2000 [[amot]] from the outer bounds of the city, depending on the density of the houses.<ref>Kitzur Shulchan Aruch 95:2</ref> If there are 6 homes each within 70.66 [[amot]] of another home, they are considered a city and the techum would begin from 2000 [[amot]] outside the group of houses. Any home that is within 70.66 [[amot]] of the established city is included in the city. However, a house which is more than 70.66 [[amot]] from the other houses is not included in the city. The techum for residents of that house is 2000 [[amot]] from the edge of that house. Therefore, a suburban area with houses separated more than 70.66 [[amot]] are not considered part of a city and residents of a house only have 2000 [[amot]] from that house.<ref>39 Melachos (Rabbi Ribiat, vol 4, pg 1387-9). Rabbi Ribiat quotes the Minchat Shabbat who explicitly writes that we do have the halachic category of chatzerot nowadays in order to form a city. We still require that there's 2 houses to create a chetzer but if there's 6 houses we have a city. Torat Shlomo Eruvin 19:19 p. 144 explicitly writes that even though we don't use the chatzerot today like rooms you can create a city without chatzerot. See Chazon Ish OC 110:20 who supports this. However, Rav Hershel Schachter ([https://www.yutorah.org/sidebar/lecture.cfm/814168/rabbi-hershel-schachter/shiur-99-shabbos-dechiya/ Shabbat Shiur 99 (very end)] and [https://www.yutorah.org/sidebar/lecture.cfm/814233/rabbi-hershel-schachter/shiur-100-shabbos-chazer-vs-mavui/ Shabbat Shiur 100 (beginning)]) holds that nowadays we don't have a city for techum since we don't use our chatzerot today like a room of the house. Therefore, since we need 3 chatzerot to form a city (S"A 398:10) we can't have a city today. This is based on the Rama, Chazon Ish OC 65:52, and is discussed by Imrei Baruch Eruvin 40-41.</ref><br />
# Many cities have 2000 amot from the edges of the city. Generaly, the techum is drawn as a rectangle around the outermost extremities of the city along the directions of a compass; that is, the techum of the city is 2000 amot from the edge of the northern most house, eastern most house, southern most house, and western most house. However, if the city is already rectangle, L-shaped, or arc shaped may not have this extension of squaring off the city.<ref>39 Melachos (Rabbi Ribiat, vol 4, pg 1391-2)</ref> See [[#Squaring Off a City]] for details.<br />
# Because the laws of establishing a techum and extending the techum with a Eruv techumin are complicated one should consult a local Orthodox Rabbi. <ref>39 Melachos (Rabbi Ribiat, vol 4, pg 1393)</ref><br />
===Squaring Off a City===<br />
#Chazal learn from the Torah that a city is considered as having corners which are drawn according to the cardinal directions of the world.<ref>Eruvin 55a, Shulchan Aruch O.C. 398:3</ref> <br />
# A city that is a square or rectangle is not squared off because it already has corners, even though its corners do not align with the cardinal directions.<ref>Eruvin 55a, Shulchan Aruch O.C. 398:1</ref><br />
# A city that is a circle, triangle, pentagon, hexagon, or more sides are squared off.<ref>Eruvin 55a, Shulchan Aruch O.C. 398:2</ref><br />
# A city with two parallel sides, one side which is wider and one side that is shorter, such as a trapezoid, is squared off by making the shorter side as long as the longer side.<ref>Eruvin 55a, Shulchan Aruch O.C. 398:4</ref> <br />
# A city which has houses within 70.6 amot jutting out on one side, when squaring off the city, the city is measured by the furthest house in that direction.<ref>Eruvin 55a, Shulchan Aruch O.C. 398:6</ref><br />
# A city that is shaped like an L or a semicircle, if the ends are within 4000 amot, it is all considered one city and the area between its two ends is considered as though it was filled in with houses. If the ends are 4000 amot or more between the ends of the city, each branch of the city are considered separate and the area between them is not considered part of the city.<ref>Eruvin 55a, Shulchan Aruch O.C. 398:4</ref> Some are lenient to consider that area part of the city if from the line drawn between the two ends of the city and the middle of the city is less than 2000 amot. Additionally, some are lenient that if the ends gradually spread apart to consider the section of the ends where they are less than 4000 amot apart to be considered filled in.<ref>Rama 398:4</ref><br />
#There is a dispute whether a L shaped or triangular shaped city is squared off according to the cardinal directions or by the side that is straight.<ref>Shulchan Aruch Harav 398:3 and Chayei Adam 68:14 hold that a city that is a triangle or L shaped city is squared off by the cardinal directions. However, Chazon Ish 80 s.v. tos 54a and 110:23 maintains that a city which has one side that is straight is squared off in accordance with that side and not according to the cardinal directions.</ref><br />
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===Joining Cities===<br />
# If two cities are within 141.3 amot of each other they are considered like one city and the techum is drawn around both of them.<ref>Shulchan Aruch O.C. 398:7</ref><br />
# If when drawing the square around a city that would include part of another city, some poskim hold that the two cities are considered one large city and the techum is drawn around both of them.<ref>Minchat Yitzchak 8:33 explains that since the squaring of a city is taken into account before we add the 70 amot of the city if the squaring off of a city includes another city everything should be considered one large city. His proof is the concept of Eruvin 55a that the arms of a bow-shaped city join as long as they are within 4000 amot of each other. The Chazon Ish 110:16 wasn't sure whether or not the cities join when the squaring off of each other join. Rav Chaim Kanievsky in [http://www.hebrewbooks.org/pdfpager.aspx?req=49174&st=&pgnum=383 Shoneh Halachot 398:19 and 21] writes that Chazon Ish held that they do join but left it unresolved (הדבר צריך הכרע). Zecher Tzvi (techum Shabbat p. 21) holds that one can be lenient based on Chazon Ish. Dirshu 398:21 quotes Rav Dovid Landau who holds that since Chazon Ish left this unresolved one must be strict. Dirshu 398:21 cites Rav Wosner (Kitzur Hilchot Medidat techumin) as holding that one can be lenient, but Rav Elyashiv as holding that one should be strict. [https://www.hebrewbooks.org/pdfpager.aspx?req=21547&st=&pgnum=250 Mechzeh Eliyahu 1:74] and 77 is lenient. Machneh Yisrael of Rabbi Dimitrovsky p. 19-22 writes that one who is lenient has what to rely upon and supports this from the Rambam and Meiri. He also cites Rav Elyashiv as being strict. Mdarkei Hatechum p. 18 quotes Rav Dovid Feinstein, Rav Belsky, Rav Elyashiv, and Rav Nissim Karelitz as holding that we cannot cities based on the squaring off of the city.</ref><br />
#This dispute directly impacts if one may walk from Brooklyn to Manhattan. If one is lenient about the above question, if someone starts Shabbat in Manhattan he can walk to Brooklyn and vice versa. If one is strict about the above dispute he may not.<Ref>Mdarkei Hatechum p. 19</ref> <br />
#Nontheless, even those who are strict not to consider both cities to be like one large city agree that if someone starts Shabbat within the squaring off of the techum of one city he may walk throughout that city. For example, if he starts Shabbat in a specific section of Manhattan that is within the squaring off of the techum of Brooklyn, he may walk throughout Brooklyn on Shabbat.<ref>Mdarkei Hatechum p. 19</ref><br />
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==Techum of Specific Cities==<br />
===Techum of Manhattan===<br />
#There are two ways to square off the city of Manhattan to determine its techum.<ref>Rav Yitzchak Shpitzer and Rav Yechezkel Shraga Weiss in an article to R' Beresh Rapaport</ref><br />
##Method 1: One way is to draw a rectangle using the western side as a single straight side. A parallel line is drawn with the same length at the same angle to the east of the island. Then two shorter sides are drawn perpendicular to the parallel lines to complete the rectangle. This is Chazon Ish's method to squaring off a city. According to this a small section of Brooklyn and possibly a tiny section of Jersey City are included in the squaring off of Manhattan. <br />
##Method 2: Another way of squaring off Manhattan is to square it off based on the cardinal directions. The western border is drawn from the western most part of the island, and the same is done for the other directions so that there is a rectangle which aligns with the cardinal directions. This squaring off of Manhattan easily protrudes into Brooklyn as well as Fort Lee. <br />
<gallery><br />
Ribu'a of Manhattan (Chazon Ish).png|Method 1: along the western side on [https://www.google.com/maps/d/u/0/edit?mid=1C_35EvqooOX1dJDROrMgWiz__xSp1J8&usp=sharing google maps]<br />
Ribu'a of Manhattan (Ruchot Haolam).png|Method 2: according to the cardinal directions on [https://www.google.com/maps/d/u/0/edit?mid=1C_35EvqooOX1dJDROrMgWiz__xSp1J8&usp=sharing google maps]<br />
</gallery><br />
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==Moving Packages Received on Shabbat==<br />
# If one isn't sure if an item was brought from beyond the techum on Shabbos, one may not to move it beyond 4 amot even though techum is rabbinic.<Ref>Beitzah 24b, Shulchan Aruch O.C. 515:1</ref><br />
# Even if the package was delivered from outside of the techum if the package was placed in a house or building then it can be moved within the house since the house walls are considered 4 amot.<ref>Shulchan Aruch O.C. 405:1 writes that people who leave the techum only have 4 amot. Shulchan Aruch 405:9 applies these laws to objects as well. Shulchan Aruch 405:6 writes that if a person left the techum accidentally or was forcibly was moved by non-Jews and ended up beyond the techum within a walled area the entire walled area is considered like 4 amot. However, if a Jew left the techum intentionally he only has 4 amot. However, with respect to objects that left the techum, Mishna Brurah 405:50 writes that if the objects left the techum and entered a walled area they can be moved within the entire walled area whether they were moved there intentionally or unintentionally.</ref><br />
#If a package was delivered from outside the techum on Shabbat for a Jew he cannot benefit from it on Shabbat or even after Shabbat the time it would take to bring it from beyond the techum. He is allowed to move the package up within 4 amot or if it is in a building within the walls of the building.<ref>Shulchan Aruch O.C. 325:8. Shulchan Aruch quotes two opinions about whether he must wait until the time it takes to bring it from beyond the techum in order to eat it. Mishna Brurah 325:40 implies that he is strict about this question, though he doesn't require waiting until Sunday morning the time it takes to deliver it from beyond the techum like the opinion Rama quotes.</ref><br />
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==Walking to the edge of the techum==<br />
# It is forbidden to walk to the edge of the techum in order to leave on a journey quickly after Shabbat. However, if the action one is going to do after [[Shabbat]] could theoretically have been done on [[Shabbat]], it is not forbidden to walk tot the edge of the techum waiting for the end of [[Shabbat]]. For example, one may walk to the edge of the techum in order to bring one's animal back because theoretically one could have done this on Shabbat if there were houses extending the techum. Also one may walk to the edge of the techum in order to collect fruit which fell before [[Shabbat]] and aren't [[Muktzeh]] because theoretically one could have done so on [[Shabbat]] if there were walls surrounding the path (which would permit [[carrying on Shabbat]]). <ref>Kitzur Shulchan Aruch 90:3</ref><br />
# One may walk to one's garden within the techum in order to pick fruit after [[Shabbat]] since it is not evident that one is walking there for that purpose.<ref>Kitzur Shulchan Aruch 90:3</ref><br />
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==Techum above Ten Tefachim==<br />
# There is an unresolved discussion in the Gemara whether there is techum above ten tefachim. We are lenient if a person started Shabbat above ten tefachim that he doesn't have a techum of two thousand amot as long as he didn't yet land or reach a place that is connected to the ground.<ref>Gemara Eruvin 43a-b, Shulchan Aruch OC 404:1</ref> This is relevant to a person who was on a boat at the beginning of Shabbat.<ref>Shulchan Aruch 404:1</ref><br />
# A wagon is considered within ten tefachim of the ground since the wheels rest on the ground and the wagon itself if bigger than 4 tefachim.<ref>Shoel Umeishiv 5:3</ref><br />
==Techum of Property==<br />
# A barrel that belongs to two people that was split up on Yom Tov, each part has the techum of the owner of that half even though it was only split up on Yom Tov.<ref> The Gemara Beitzah 37b records a dispute between Rav and Shmuel whether we hold of the concept of berierah. Berierah is that we can view an eventual decision as though it already happened to clarify what is the case now. Rav holds of it and Shmuel does not. The gemara’s conclusion (38a) is that for derabbanan concepts we hold of Berierah. This is codified by the Rambam (Yom Tov 5:20) and Shulchan Aruch 397:10.</ref><br />
==Boats==<br />
#Some permit getting on a boat before Shabbat even though the boat will travel more than the techum on Shabbat because the traveler isn't walking or moving himself, rather the water is moving the boat.<ref>Rashbam cited by Tosfot Eruvin 43a, Ramban Eruvin 43a, Rashba Eruvin 43a</ref> However, most rishonim disagree and hold that traveling more than the techum on a boat is forbidden.<Ref>Rabbenu Chananel Shabbat 19a, Rambam (teshuva 308-310), Ritva Eruvin 43a, Rif Shabbat 7b according to Bet Yosef 248. Maharik 45 understands that Rif can hold like Rashbam. Chazon Ovadia v. 1 pp. 127-130 proves that the poskim don't accept the Rashbam and that's how he holds.</ref> Nonetheless, there are other leniencies about traveling beyond the techum on a boat: <br />
## If the boat is always above 10 tefachim from the seabed there is no prohibition to go in the boat beyond techum since there is no techum above 10 tefachim in the water, according to many poskim.<ref> Rabbenu Chananel Shabbat 19a, Rambam (teshuva 308-310), Rif Shabbat 7b, Shulchan Aruch 248:2</ref><br />
##Some permit getting on a boat more than 3 days before Shabbat even though it is known that it will continue to travel on Shabbat more than the techum, even if it is within 10 tefachim.<Ref>Maharik 45, Rama 248:1, Shulchan Aruch Harav 248:3</ref><br />
## Nonetheless, it is forbidden to get on a boat on Shabbat itself.<Ref>Mishna Brurah 248:21</ref><br />
## If someone was on a boat from before Shabbat and it was always above 10 tefachim, he may get off the boat. Once he gets off the boat he only can walk 2000 amot. Some are strict to hold that he may not get off the boat.<ref>Gemara Eruvin 43a has a unresolved question about whether there is techumin above 10 tefachim. Rambam (teshuva 308) and Ramban (Eruvin 43a) are lenient if the question is only rabbinic. Rosh, however, is strict that there is techumin above 10 tefachim. According to Rambam and Ramban, it is permissible to get off the boat if he was on there from before Shabbat since his techum didn't begin while he was on the boat above 10 tefachim. According to Rosh he may not get off the boat. Shulchan Aruch 404:1 holds like Rambam and Ramban. Mishna Brurah 248:22 writes that it is permissible to disembark from the boat and go up to 2000 amot if he was on the boat from before Shabbat.</ref><br />
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==Airplane that Landed on Shabbat==<br />
#It is forbidden to go on a plane that will land on Shabbat.<Ref>Igrot Moshe OC 3:97</ref><br />
#If someone was in an airplane that landed on Shabbat, because of circumstances beyond his control, there is a discussion if it is permitted to get off the plane because of techum. Some allow getting off the plane into the walkway that is attached to the plane and airport. Still one may not leave the airport unless it is included in the techum of the city.<Ref>Igrot Moshe OC 3:97 holds that even if there’s no techum while the airplane is moving, there is techum once it lands. Since from the point it landed until the terminal is more than 2000 amot, it is forbidden to get off the plane. He's discussing leaving from the plane onto the tarmac. techumei Shabbat p. 48 is lenient in extenuating circumstances to get off the plane into the walkway attached to the plane since it is all like 4 amot. See also Tzitz Eliezer 1:21:18.</ref><br />
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==Someone who came from beyond the techum==<br />
#Someone who was brought against his will from beyond the techum and was brought against his will back into a walled area that area is considered like 4 amot.<ref><br />
* Rosh (perek mi shehotziyhu 10) holds that in order for the city to count like 4 amot for techumin it must have walls made for living. This is true both when acquiring techum at the beginning of Shabbat and if brought from beyond the techum and put into walls. <br />
* Rabbenu Yerucham (cited by Beit Yosef 405:6) holds that in order for the city to count like 4 amot it must have walls made for living only when brought from beyond the techum. However, when acquiring techum at the beginning of Shabbat walls aren't necessary. Biur Halacha (405:8 s.v. im) rules in according with this view. Dirshu 405:17 also infers this from Shaar Hatziyun 408:13.<br />
*Ramban (Eruvin 41a) holds that walls are never necessary for a city to be considered 4 amot. Biur Halacha (405:6 s.v. mukfet) writes that in an extenuating circumstance you can rely on this opinion, unlike Shulchan Aruch O.C. 405:6 who rules unlike Ramban.</ref><br />
==Links==<br />
# See a summary of the halacha's of techum with pictures on [http://www.techumshabbos.com/the-basic-halachos-in-a-rush.html techumShabbos.com]<br />
# [https://ph.yhb.org.il/category/%d7%a9%d7%91%d7%aa/30-%d7%aa%d7%97%d7%95%d7%9e%d7%99-%d7%a9%d7%91%d7%aa/ פניני הלכה, שבת פרק ל]<br />
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==Sources==<br />
<references/></div>ChachamYhttps://halachipedia.com/index.php?title=File:Ribu%27a_of_Manhattan_(Ruchot_Haolam).png&diff=31517File:Ribu'a of Manhattan (Ruchot Haolam).png2023-06-25T22:50:38Z<p>ChachamY: Google maps customized map. https://www.google.com/maps/d/u/0/edit?mid=1C_35EvqooOX1dJDROrMgWiz__xSp1J8&usp=sharing</p>
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<div>== Summary ==<br />
Google maps customized map. https://www.google.com/maps/d/u/0/edit?mid=1C_35EvqooOX1dJDROrMgWiz__xSp1J8&usp=sharing</div>ChachamYhttps://halachipedia.com/index.php?title=File:Ribu%27a_of_Manhattan_(Chazon_Ish).png&diff=31516File:Ribu'a of Manhattan (Chazon Ish).png2023-06-25T22:48:34Z<p>ChachamY: Google maps customized picture. https://www.google.com/maps/d/u/0/edit?mid=1C_35EvqooOX1dJDROrMgWiz__xSp1J8&usp=sharing</p>
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<div>== Summary ==<br />
Google maps customized picture. https://www.google.com/maps/d/u/0/edit?mid=1C_35EvqooOX1dJDROrMgWiz__xSp1J8&usp=sharing</div>ChachamYhttps://halachipedia.com/index.php?title=Techum&diff=31515Techum2023-06-25T22:22:17Z<p>ChachamY: </p>
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<div>A person may not leave a certain area from where he started Shabbat. This boundary of where he cannot leave is called the ''techum'' (heb. תחום; lit. border). Every person has a unique techum depending on where he was at the beginning of Shabbat. It is forbidden to walk beyond one's techum on Shabbat, Yom Tov, or Yom Kippur.<ref>Shulchan Aruch O.C. 396:1, 495:1, 611:1. [https://ph.yhb.org.il/12-06-04/ Peninei Halacha] discusses why the allowance for ochel nefesh doesn't permit going beyond the techum on Yom Tov.</ref> In general, the techum boundary is 2000 [[amot]] beyond the immediate 4 [[amot]] area around a person.<ref>Shulchan Aruch O.C. 397:1, Kitzur Shulchan Aruch 95:1. Mishna Brurah 397:1 writes that some hold that walking beyond 12 [[mil]] on shabbat is a biblical prohibition, while others consider it a rabbinic prohibition. Magen Avraham 404:1 quotes a dispute between the Maharalbach 28 and Maharam Elshaker 41 whether 12 mil is deoritta for kelim. Ramban Eruvin 43a clearly hold it is deoritta even for kelim. Biur Halacha 404:1 is lenient to rely on Maharalbach since either way many rishonim hold that 12 mil is not deoritta.</ref><br />
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==Determining the techum==<br />
===Outside of a City===<br />
# If a person is alone in the desert, the techum extends 2000 [[amot]] beyond the 4 [[amot]] around him. If a person is in a house at the beginning of Shabbat, the techum is 2000 [[amot]] from outside the house.<ref>39 Melachos (Rabbi Ribiat, vol 4, pg 1386-7)</ref><br />
# If a person starts Shabbat outside a city he can determine the directions of his techum and have 2000 amot in each of those directions. He also is allowed to travel until the end of 2800 amot in the direction of the corners of the square he chose. Once he decided his square he cannot change it that Shabbat.<ref>Chazon Ish 110:24 based on Gra 345:1, Mishna Brurah 345:5. This is the opinion of the Rambam. According to the Rabbenu Tam (Eruvin 51a, Yoma 67a a person always can travel until 2800 amot even without choosing the square. However, Rashbam held that one's square is automatically determined to correspond with the north-south directions of the earth and then one can walk until the end of those corners. Tosfot Yoma and Rosh Eruvin reject Rabbenu Tam.</ref><br />
# If one starts Shabbat in a city, his techum is the entire city. In fact, the city is considered only 4 [[amot]] and one may walk beyond that city for 2000 [[amot]]. A city is considered like 4 amot whether or not it is a walled city.<ref>Tur 398:9, Bet Meir 398:1, Chayey Adam 76:11, Shaar Hatziyun 408:13</ref><br />
#Additionally, if he starts Shabbat outside a city but his techum entirely includes a city, the city is only considered 4 amot. For example, if one's dwelling place is 500 [[amot]] from a city and the city is 1000 [[amot]] long, the city is only considered 4 [[amot]]. Therefore, one is able to walk another 1496 [[amot]] after the city. However, if one's techum ends in the middle of the city, the city is not considered 4 [[amot]] and one may not walk beyond one's techum.<ref>Kitzur Shulchan Aruch 95:12</ref><br />
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===Techum of a City===<br />
# If one is in a village, town, or city, one may have 2000 [[amot]] from the outer bounds of the city, depending on the density of the houses.<ref>Kitzur Shulchan Aruch 95:2</ref> If there are 6 homes each within 70.66 [[amot]] of another home, they are considered a city and the techum would begin from 2000 [[amot]] outside the group of houses. Any home that is within 70.66 [[amot]] of the established city is included in the city. However, a house which is more than 70.66 [[amot]] from the other houses is not included in the city. The techum for residents of that house is 2000 [[amot]] from the edge of that house. Therefore, a suburban area with houses separated more than 70.66 [[amot]] are not considered part of a city and residents of a house only have 2000 [[amot]] from that house.<ref>39 Melachos (Rabbi Ribiat, vol 4, pg 1387-9). Rabbi Ribiat quotes the Minchat Shabbat who explicitly writes that we do have the halachic category of chatzerot nowadays in order to form a city. We still require that there's 2 houses to create a chetzer but if there's 6 houses we have a city. Torat Shlomo Eruvin 19:19 p. 144 explicitly writes that even though we don't use the chatzerot today like rooms you can create a city without chatzerot. See Chazon Ish OC 110:20 who supports this. However, Rav Hershel Schachter ([https://www.yutorah.org/sidebar/lecture.cfm/814168/rabbi-hershel-schachter/shiur-99-shabbos-dechiya/ Shabbat Shiur 99 (very end)] and [https://www.yutorah.org/sidebar/lecture.cfm/814233/rabbi-hershel-schachter/shiur-100-shabbos-chazer-vs-mavui/ Shabbat Shiur 100 (beginning)]) holds that nowadays we don't have a city for techum since we don't use our chatzerot today like a room of the house. Therefore, since we need 3 chatzerot to form a city (S"A 398:10) we can't have a city today. This is based on the Rama, Chazon Ish OC 65:52, and is discussed by Imrei Baruch Eruvin 40-41.</ref><br />
# Many cities have 2000 amot from the edges of the city. Generaly, the techum is drawn as a rectangle around the outermost extremities of the city along the directions of a compass; that is, the techum of the city is 2000 amot from the edge of the northern most house, eastern most house, southern most house, and western most house. However, if the city is already rectangle, L-shaped, or arc shaped may not have this extension of squaring off the city.<ref>39 Melachos (Rabbi Ribiat, vol 4, pg 1391-2)</ref> See [[#Squaring Off a City]] for details.<br />
# Because the laws of establishing a techum and extending the techum with a Eruv techumin are complicated one should consult a local Orthodox Rabbi. <ref>39 Melachos (Rabbi Ribiat, vol 4, pg 1393)</ref><br />
===Squaring Off a City===<br />
#Chazal learn from the Torah that a city is considered as having corners which are drawn according to the cardinal directions of the world.<ref>Eruvin 55a, Shulchan Aruch O.C. 398:3</ref> <br />
# A city that is a square or rectangle is not squared off because it already has corners, even though its corners do not align with the cardinal directions.<ref>Eruvin 55a, Shulchan Aruch O.C. 398:1</ref><br />
# A city that is a circle, triangle, pentagon, hexagon, or more sides are squared off.<ref>Eruvin 55a, Shulchan Aruch O.C. 398:2</ref><br />
# A city with two parallel sides, one side which is wider and one side that is shorter, such as a trapezoid, is squared off by making the shorter side as long as the longer side.<ref>Eruvin 55a, Shulchan Aruch O.C. 398:4</ref> <br />
# A city which has houses within 70.6 amot jutting out on one side, when squaring off the city, the city is measured by the furthest house in that direction.<ref>Eruvin 55a, Shulchan Aruch O.C. 398:6</ref><br />
# A city that is shaped like an L or a semicircle, if the ends are within 4000 amot, it is all considered one city and the area between its two ends is considered as though it was filled in with houses. If the ends are 4000 amot or more between the ends of the city, each branch of the city are considered separate and the area between them is not considered part of the city.<ref>Eruvin 55a, Shulchan Aruch O.C. 398:4</ref> Some are lenient to consider that area part of the city if from the line drawn between the two ends of the city and the middle of the city is less than 2000 amot. Additionally, some are lenient that if the ends gradually spread apart to consider the section of the ends where they are less than 4000 amot apart to be considered filled in.<ref>Rama 398:4</ref><br />
#There is a dispute whether a L shaped or triangular shaped city is squared off according to the cardinal directions or by the side that is straight.<ref>Shulchan Aruch Harav 398:3 and Chayei Adam 68:14 hold that a city that is a triangle or L shaped city is squared off by the cardinal directions. However, Chazon Ish 80 s.v. tos 54a and 110:23 maintains that a city which has one side that is straight is squared off in accordance with that side and not according to the cardinal directions.</ref><br />
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===Joining Cities===<br />
# If two cities are within 141.3 amot of each other they are considered like one city and the techum is drawn around both of them.<ref>Shulchan Aruch O.C. 398:7</ref><br />
# If when drawing the square around a city that would include part of another city, some poskim hold that the two cities are considered one large city and the techum is drawn around both of them.<ref>Minchat Yitzchak 8:33 explains that since the squaring of a city is taken into account before we add the 70 amot of the city if the squaring off of a city includes another city everything should be considered one large city. His proof is the concept of Eruvin 55a that the arms of a bow-shaped city join as long as they are within 4000 amot of each other. The Chazon Ish 110:16 wasn't sure whether or not the cities join when the squaring off of each other join. Rav Chaim Kanievsky in [http://www.hebrewbooks.org/pdfpager.aspx?req=49174&st=&pgnum=383 Shoneh Halachot 398:19 and 21] writes that Chazon Ish held that they do join but left it unresolved (הדבר צריך הכרע). Zecher Tzvi (techum Shabbat p. 21) holds that one can be lenient based on Chazon Ish. Dirshu 398:21 quotes Rav Dovid Landau who holds that since Chazon Ish left this unresolved one must be strict. Dirshu 398:21 cites Rav Wosner (Kitzur Hilchot Medidat techumin) as holding that one can be lenient, but Rav Elyashiv as holding that one should be strict. [https://www.hebrewbooks.org/pdfpager.aspx?req=21547&st=&pgnum=250 Mechzeh Eliyahu 1:74] and 77 is lenient. Machneh Yisrael of Rabbi Dimitrovsky p. 19-22 writes that one who is lenient has what to rely upon and supports this from the Rambam and Meiri. He also cites Rav Elyashiv as being strict. Mdarkei Hatechum p. 18 quotes Rav Dovid Feinstein, Rav Belsky, Rav Elyashiv, and Rav Nissim Karelitz as holding that we cannot cities based on the squaring off of the city.</ref><br />
#This dispute directly impacts if one may walk from Brooklyn to Manhattan. If one is lenient about the above question, if someone starts Shabbat in Manhattan he can walk to Brooklyn and vice versa. If one is strict about the above dispute he may not.<Ref>Mdarkei Hatechum p. 19</ref> <br />
#Nontheless, even those who are strict not to consider both cities to be like one large city agree that if someone starts Shabbat within the squaring off of the techum of one city he may walk throughout that city. For example, if he starts Shabbat in a specific section of Manhattan that is within the squaring off of the techum of Brooklyn, he may walk throughout Brooklyn on Shabbat.<ref>Mdarkei Hatechum p. 19</ref><br />
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==Techum of Specific Cities==<br />
===Techum of Manhattan===<br />
<br />
==Moving Packages Received on Shabbat==<br />
# If one isn't sure if an item was brought from beyond the techum on Shabbos, one may not to move it beyond 4 amot even though techum is rabbinic.<Ref>Beitzah 24b, Shulchan Aruch O.C. 515:1</ref><br />
# Even if the package was delivered from outside of the techum if the package was placed in a house or building then it can be moved within the house since the house walls are considered 4 amot.<ref>Shulchan Aruch O.C. 405:1 writes that people who leave the techum only have 4 amot. Shulchan Aruch 405:9 applies these laws to objects as well. Shulchan Aruch 405:6 writes that if a person left the techum accidentally or was forcibly was moved by non-Jews and ended up beyond the techum within a walled area the entire walled area is considered like 4 amot. However, if a Jew left the techum intentionally he only has 4 amot. However, with respect to objects that left the techum, Mishna Brurah 405:50 writes that if the objects left the techum and entered a walled area they can be moved within the entire walled area whether they were moved there intentionally or unintentionally.</ref><br />
#If a package was delivered from outside the techum on Shabbat for a Jew he cannot benefit from it on Shabbat or even after Shabbat the time it would take to bring it from beyond the techum. He is allowed to move the package up within 4 amot or if it is in a building within the walls of the building.<ref>Shulchan Aruch O.C. 325:8. Shulchan Aruch quotes two opinions about whether he must wait until the time it takes to bring it from beyond the techum in order to eat it. Mishna Brurah 325:40 implies that he is strict about this question, though he doesn't require waiting until Sunday morning the time it takes to deliver it from beyond the techum like the opinion Rama quotes.</ref><br />
<br />
==Walking to the edge of the techum==<br />
# It is forbidden to walk to the edge of the techum in order to leave on a journey quickly after Shabbat. However, if the action one is going to do after [[Shabbat]] could theoretically have been done on [[Shabbat]], it is not forbidden to walk tot the edge of the techum waiting for the end of [[Shabbat]]. For example, one may walk to the edge of the techum in order to bring one's animal back because theoretically one could have done this on Shabbat if there were houses extending the techum. Also one may walk to the edge of the techum in order to collect fruit which fell before [[Shabbat]] and aren't [[Muktzeh]] because theoretically one could have done so on [[Shabbat]] if there were walls surrounding the path (which would permit [[carrying on Shabbat]]). <ref>Kitzur Shulchan Aruch 90:3</ref><br />
# One may walk to one's garden within the techum in order to pick fruit after [[Shabbat]] since it is not evident that one is walking there for that purpose.<ref>Kitzur Shulchan Aruch 90:3</ref><br />
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==Techum above Ten Tefachim==<br />
# There is an unresolved discussion in the Gemara whether there is techum above ten tefachim. We are lenient if a person started Shabbat above ten tefachim that he doesn't have a techum of two thousand amot as long as he didn't yet land or reach a place that is connected to the ground.<ref>Gemara Eruvin 43a-b, Shulchan Aruch OC 404:1</ref> This is relevant to a person who was on a boat at the beginning of Shabbat.<ref>Shulchan Aruch 404:1</ref><br />
# A wagon is considered within ten tefachim of the ground since the wheels rest on the ground and the wagon itself if bigger than 4 tefachim.<ref>Shoel Umeishiv 5:3</ref><br />
==Techum of Property==<br />
# A barrel that belongs to two people that was split up on Yom Tov, each part has the techum of the owner of that half even though it was only split up on Yom Tov.<ref> The Gemara Beitzah 37b records a dispute between Rav and Shmuel whether we hold of the concept of berierah. Berierah is that we can view an eventual decision as though it already happened to clarify what is the case now. Rav holds of it and Shmuel does not. The gemara’s conclusion (38a) is that for derabbanan concepts we hold of Berierah. This is codified by the Rambam (Yom Tov 5:20) and Shulchan Aruch 397:10.</ref><br />
==Boats==<br />
#Some permit getting on a boat before Shabbat even though the boat will travel more than the techum on Shabbat because the traveler isn't walking or moving himself, rather the water is moving the boat.<ref>Rashbam cited by Tosfot Eruvin 43a, Ramban Eruvin 43a, Rashba Eruvin 43a</ref> However, most rishonim disagree and hold that traveling more than the techum on a boat is forbidden.<Ref>Rabbenu Chananel Shabbat 19a, Rambam (teshuva 308-310), Ritva Eruvin 43a, Rif Shabbat 7b according to Bet Yosef 248. Maharik 45 understands that Rif can hold like Rashbam. Chazon Ovadia v. 1 pp. 127-130 proves that the poskim don't accept the Rashbam and that's how he holds.</ref> Nonetheless, there are other leniencies about traveling beyond the techum on a boat: <br />
## If the boat is always above 10 tefachim from the seabed there is no prohibition to go in the boat beyond techum since there is no techum above 10 tefachim in the water, according to many poskim.<ref> Rabbenu Chananel Shabbat 19a, Rambam (teshuva 308-310), Rif Shabbat 7b, Shulchan Aruch 248:2</ref><br />
##Some permit getting on a boat more than 3 days before Shabbat even though it is known that it will continue to travel on Shabbat more than the techum, even if it is within 10 tefachim.<Ref>Maharik 45, Rama 248:1, Shulchan Aruch Harav 248:3</ref><br />
## Nonetheless, it is forbidden to get on a boat on Shabbat itself.<Ref>Mishna Brurah 248:21</ref><br />
## If someone was on a boat from before Shabbat and it was always above 10 tefachim, he may get off the boat. Once he gets off the boat he only can walk 2000 amot. Some are strict to hold that he may not get off the boat.<ref>Gemara Eruvin 43a has a unresolved question about whether there is techumin above 10 tefachim. Rambam (teshuva 308) and Ramban (Eruvin 43a) are lenient if the question is only rabbinic. Rosh, however, is strict that there is techumin above 10 tefachim. According to Rambam and Ramban, it is permissible to get off the boat if he was on there from before Shabbat since his techum didn't begin while he was on the boat above 10 tefachim. According to Rosh he may not get off the boat. Shulchan Aruch 404:1 holds like Rambam and Ramban. Mishna Brurah 248:22 writes that it is permissible to disembark from the boat and go up to 2000 amot if he was on the boat from before Shabbat.</ref><br />
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==Airplane that Landed on Shabbat==<br />
#It is forbidden to go on a plane that will land on Shabbat.<Ref>Igrot Moshe OC 3:97</ref><br />
#If someone was in an airplane that landed on Shabbat, because of circumstances beyond his control, there is a discussion if it is permitted to get off the plane because of techum. Some allow getting off the plane into the walkway that is attached to the plane and airport. Still one may not leave the airport unless it is included in the techum of the city.<Ref>Igrot Moshe OC 3:97 holds that even if there’s no techum while the airplane is moving, there is techum once it lands. Since from the point it landed until the terminal is more than 2000 amot, it is forbidden to get off the plane. He's discussing leaving from the plane onto the tarmac. techumei Shabbat p. 48 is lenient in extenuating circumstances to get off the plane into the walkway attached to the plane since it is all like 4 amot. See also Tzitz Eliezer 1:21:18.</ref><br />
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==Someone who came from beyond the techum==<br />
#Someone who was brought against his will from beyond the techum and was brought against his will back into a walled area that area is considered like 4 amot.<ref><br />
* Rosh (perek mi shehotziyhu 10) holds that in order for the city to count like 4 amot for techumin it must have walls made for living. This is true both when acquiring techum at the beginning of Shabbat and if brought from beyond the techum and put into walls. <br />
* Rabbenu Yerucham (cited by Beit Yosef 405:6) holds that in order for the city to count like 4 amot it must have walls made for living only when brought from beyond the techum. However, when acquiring techum at the beginning of Shabbat walls aren't necessary. Biur Halacha (405:8 s.v. im) rules in according with this view. Dirshu 405:17 also infers this from Shaar Hatziyun 408:13.<br />
*Ramban (Eruvin 41a) holds that walls are never necessary for a city to be considered 4 amot. Biur Halacha (405:6 s.v. mukfet) writes that in an extenuating circumstance you can rely on this opinion, unlike Shulchan Aruch O.C. 405:6 who rules unlike Ramban.</ref><br />
==Links==<br />
# See a summary of the halacha's of techum with pictures on [http://www.techumshabbos.com/the-basic-halachos-in-a-rush.html techumShabbos.com]<br />
# [https://ph.yhb.org.il/category/%d7%a9%d7%91%d7%aa/30-%d7%aa%d7%97%d7%95%d7%9e%d7%99-%d7%a9%d7%91%d7%aa/ פניני הלכה, שבת פרק ל]<br />
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==Sources==<br />
<references/></div>ChachamYhttps://halachipedia.com/index.php?title=Techum&diff=31514Techum2023-06-25T21:55:39Z<p>ChachamY: </p>
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<div>A person may not leave a certain area from where he started Shabbat. This boundary of where he cannot leave is called the ''techum'' (heb. תחום; lit. border). Every person has a unique techum depending on where he was at the beginning of Shabbat. It is forbidden to walk beyond one's techum on Shabbat, Yom Tov, or Yom Kippur.<ref>Shulchan Aruch O.C. 396:1, 495:1, 611:1. [https://ph.yhb.org.il/12-06-04/ Peninei Halacha] discusses why the allowance for ochel nefesh doesn't permit going beyond the techum on Yom Tov.</ref> In general, the techum boundary is 2000 [[amot]] beyond the immediate 4 [[amot]] area around a person.<ref>Shulchan Aruch O.C. 397:1, Kitzur Shulchan Aruch 95:1. Mishna Brurah 397:1 writes that some hold that walking beyond 12 [[mil]] on shabbat is a biblical prohibition, while others consider it a rabbinic prohibition. Magen Avraham 404:1 quotes a dispute between the Maharalbach 28 and Maharam Elshaker 41 whether 12 mil is deoritta for kelim. Ramban Eruvin 43a clearly hold it is deoritta even for kelim. Biur Halacha 404:1 is lenient to rely on Maharalbach since either way many rishonim hold that 12 mil is not deoritta.</ref><br />
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==Determining the techum==<br />
===Outside of a City===<br />
# If a person is alone in the desert, the techum extends 2000 [[amot]] beyond the 4 [[amot]] around him. If a person is in a house at the beginning of Shabbat, the techum is 2000 [[amot]] from outside the house.<ref>39 Melachos (Rabbi Ribiat, vol 4, pg 1386-7)</ref><br />
# If a person starts Shabbat outside a city he can determine the directions of his techum and have 2000 amot in each of those directions. He also is allowed to travel until the end of 2800 amot in the direction of the corners of the square he chose. Once he decided his square he cannot change it that Shabbat.<ref>Chazon Ish 110:24 based on Gra 345:1, Mishna Brurah 345:5. This is the opinion of the Rambam. According to the Rabbenu Tam (Eruvin 51a, Yoma 67a a person always can travel until 2800 amot even without choosing the square. However, Rashbam held that one's square is automatically determined to correspond with the north-south directions of the earth and then one can walk until the end of those corners. Tosfot Yoma and Rosh Eruvin reject Rabbenu Tam.</ref><br />
# If one starts Shabbat in a city, his techum is the entire city. In fact, the city is considered only 4 [[amot]] and one may walk beyond that city for 2000 [[amot]]. A city is considered like 4 amot whether or not it is a walled city.<ref>Tur 398:9, Bet Meir 398:1, Chayey Adam 76:11, Shaar Hatziyun 408:13</ref><br />
#Additionally, if he starts Shabbat outside a city but his techum entirely includes a city, the city is only considered 4 amot. For example, if one's dwelling place is 500 [[amot]] from a city and the city is 1000 [[amot]] long, the city is only considered 4 [[amot]]. Therefore, one is able to walk another 1496 [[amot]] after the city. However, if one's techum ends in the middle of the city, the city is not considered 4 [[amot]] and one may not walk beyond one's techum.<ref>Kitzur Shulchan Aruch 95:12</ref><br />
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===Techum of a City===<br />
# If one is in a village, town, or city, one may have 2000 [[amot]] from the outer bounds of the city, depending on the density of the houses.<ref>Kitzur Shulchan Aruch 95:2</ref> If there are 6 homes each within 70.66 [[amot]] of another home, they are considered a city and the techum would begin from 2000 [[amot]] outside the group of houses. Any home that is within 70.66 [[amot]] of the established city is included in the city. However, a house which is more than 70.66 [[amot]] from the other houses is not included in the city. The techum for residents of that house is 2000 [[amot]] from the edge of that house. Therefore, a suburban area with houses separated more than 70.66 [[amot]] are not considered part of a city and residents of a house only have 2000 [[amot]] from that house.<ref>39 Melachos (Rabbi Ribiat, vol 4, pg 1387-9). Rabbi Ribiat quotes the Minchat Shabbat who explicitly writes that we do have the halachic category of chatzerot nowadays in order to form a city. We still require that there's 2 houses to create a chetzer but if there's 6 houses we have a city. Torat Shlomo Eruvin 19:19 p. 144 explicitly writes that even though we don't use the chatzerot today like rooms you can create a city without chatzerot. See Chazon Ish OC 110:20 who supports this. However, Rav Hershel Schachter ([https://www.yutorah.org/sidebar/lecture.cfm/814168/rabbi-hershel-schachter/shiur-99-shabbos-dechiya/ Shabbat Shiur 99 (very end)] and [https://www.yutorah.org/sidebar/lecture.cfm/814233/rabbi-hershel-schachter/shiur-100-shabbos-chazer-vs-mavui/ Shabbat Shiur 100 (beginning)]) holds that nowadays we don't have a city for techum since we don't use our chatzerot today like a room of the house. Therefore, since we need 3 chatzerot to form a city (S"A 398:10) we can't have a city today. This is based on the Rama, Chazon Ish OC 65:52, and is discussed by Imrei Baruch Eruvin 40-41.</ref><br />
# Many cities have 2000 amot from the edges of the city. Generaly, the techum is drawn as a rectangle around the outermost extremities of the city along the directions of a compass; that is, the techum of the city is 2000 amot from the edge of the northern most house, eastern most house, southern most house, and western most house. However, if the city is already rectangle, L-shaped, or arc shaped may not have this extension of squaring off the city.<ref>39 Melachos (Rabbi Ribiat, vol 4, pg 1391-2)</ref> See [[#Squaring Off a City]] for details.<br />
# Because the laws of establishing a techum and extending the techum with a Eruv techumin are complicated one should consult a local Orthodox Rabbi. <ref>39 Melachos (Rabbi Ribiat, vol 4, pg 1393)</ref><br />
===Squaring Off a City===<br />
#Chazal learn from the Torah that a city is considered as having corners which are drawn according to the cardinal directions of the world.<ref>Eruvin 55a, Shulchan Aruch O.C. 398:3</ref> <br />
# A city that is a square or rectangle is not squared off because it already has corners, even though its corners do not align with the cardinal directions.<ref>Eruvin 55a, Shulchan Aruch O.C. 398:1</ref><br />
# A city that is a circle, triangle, pentagon, hexagon, or more sides are squared off.<ref>Eruvin 55a, Shulchan Aruch O.C. 398:2</ref><br />
# A city with two parallel sides, one side which is wider and one side that is shorter, such as a trapezoid, is squared off by making the shorter side as long as the longer side.<ref>Eruvin 55a, Shulchan Aruch O.C. 398:4</ref> <br />
# A city which has houses within 70.6 amot jutting out on one side, when squaring off the city, the city is measured by the furthest house in that direction.<ref>Eruvin 55a, Shulchan Aruch O.C. 398:6</ref><br />
# A city that is shaped like an L or a semicircle, if the ends are within 4000 amot, it is all considered one city and the area between its two ends is considered as though it was filled in with houses. If the ends are 4000 amot or more between the ends of the city, each branch of the city are considered separate and the area between them is not considered part of the city.<ref>Eruvin 55a, Shulchan Aruch O.C. 398:4</ref> Some are lenient to consider that area part of the city if from the line drawn between the two ends of the city and the middle of the city is less than 2000 amot. Additionally, some are lenient that if the ends gradually spread apart to consider the section of the ends where they are less than 4000 amot apart to be considered filled in.<ref>Rama 398:4</ref><br />
#There is a dispute whether a L shaped or triangular shaped city is squared off according to the cardinal directions or by the side that is straight.<ref>Shulchan Aruch Harav 398:3 and Chayei Adam 68:14 hold that a city that is a triangle or L shaped city is squared off by the cardinal directions. However, Chazon Ish 80 s.v. tos 54a and 110:23 maintains that a city which has one side that is straight is squared off in accordance with that side and not according to the cardinal directions.</ref><br />
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===Joining Cities===<br />
# If two cities are within 141.3 amot of each other they are considered like one city and the techum is drawn around both of them.<ref>Shulchan Aruch O.C. 398:7</ref><br />
# If when drawing the square around a city that would include part of another city, some poskim hold that the two cities are considered one large city and the techum is drawn around both of them.<ref>Minchat Yitzchak 8:33 explains that since the squaring of a city is taken into account before we add the 70 amot of the city if the squaring off of a city includes another city everything should be considered one large city. His proof is the concept of Eruvin 55a that the arms of a bow-shaped city join as long as they are within 4000 amot of each other. The Chazon Ish 110:16 wasn't sure whether or not the cities join when the squaring off of each other join. Rav Chaim Kanievsky in [http://www.hebrewbooks.org/pdfpager.aspx?req=49174&st=&pgnum=383 Shoneh Halachot 398:19 and 21] writes that Chazon Ish held that they do join but left it unresolved (הדבר צריך הכרע). Zecher Tzvi (techum Shabbat p. 21) holds that one can be lenient based on Chazon Ish. Dirshu 398:21 quotes Rav Dovid Landau who holds that since Chazon Ish left this unresolved one must be strict. Dirshu 398:21 cites Rav Wosner (Kitzur Hilchot Medidat techumin) as holding that one can be lenient, but Rav Elyashiv as holding that one should be strict. [https://www.hebrewbooks.org/pdfpager.aspx?req=21547&st=&pgnum=250 Mechzeh Eliyahu 1:74] and 77 is lenient. Machneh Yisrael of Rabbi Dimitrovsky p. 19-22 writes that one who is lenient has what to rely upon and supports this from the Rambam and Meiri. He also cites Rav Elyashiv as being strict. Mdarkei Hatechum p. 18 quotes Rav Dovid Feinstein, Rav Belsky, Rav Elyashiv, and Rav Nissim Karelitz as holding that we cannot cities based on the squaring off of the city.</ref><br />
#This dispute directly impacts if one may walk from Brooklyn to Manhattan. If one is lenient about the above question, if someone starts Shabbat in Manhattan he can walk to Brooklyn and vice versa. If one is strict about the above dispute he may not.<Ref>Mdarkei Hatechum p. 19</ref> <br />
#Nontheless, even those who are strict not to consider both cities to be like one large city agree that if someone starts Shabbat within the squaring off of the techum of one city he may walk throughout that city. For example, if he starts Shabbat in a specific section of Manhattan that is within the squaring off of the techum of Brooklyn, he may walk throughout Brooklyn on Shabbat.<ref>Mdarkei Hatechum p. 19</ref><br />
<br />
==Techum of Specific Cities==<br />
===Techum of Manhattan===<br />
<br />
==Moving Packages Received on Shabbat==<br />
# If one isn't sure if an item was brought from beyond the techum one has to be strict not to move it beyond 4 amot even though techum is rabbinic.<Ref>Beitzah 24b, Shulchan Aruch O.C. 515:1</ref><br />
# Even if the package was delivered from outside of the techum if the package was placed in a house or building then it can be moved within the house since the house walls are considered 4 amot.<ref>Shulchan Aruch O.C. 405:1 writes that people who leave the techum only have 4 amot. Shulchan Aruch 405:9 applies these laws to objects as well. Shulchan Aruch 405:6 writes that if a person left the techum accidentally or was forcibly was moved by non-Jews and ended up beyond the techum within a walled area the entire walled area is considered like 4 amot. However, if a Jew left the techum intentionally he only has 4 amot. However, with respect to objects that left the techum, Mishna Brurah 405:50 writes that if the objects left the techum and entered a walled area they can be moved within the entire walled area whether they were moved there intentionally or unintentionally.</ref><br />
#If a package was delivered from outside the techum on Shabbat for a Jew he cannot benefit from it on Shabbat or even after Shabbat the time it would take to bring it from beyond the techum. He is allowed to move the package up within 4 amot or if it is in a building within the walls of the building.<ref>Shulchan Aruch O.C. 325:8. Shulchan Aruch quotes two opinions about whether he must wait until the time it takes to bring it from beyond the techum in order to eat it. Mishna Brurah 325:40 implies that he is strict about this question, though he doesn't require waiting until Sunday morning the time it takes to deliver it from beyond the techum like the opinion Rama quotes.</ref><br />
<br />
==Walking to the edge of the techum==<br />
# It is forbidden to walk to the edge of the techum in order to leave on a journey quickly after Shabbat. However, if the action one is going to do after [[Shabbat]] could theoretically have been done on [[Shabbat]], it is not forbidden to walk tot the edge of the techum waiting for the end of [[Shabbat]]. For example, one may walk to the edge of the techum in order to bring one's animal back because theoretically one could have done this on Shabbat if there were houses extending the techum. Also one may walk to the edge of the techum in order to collect fruit which fell before [[Shabbat]] and aren't [[Muktzeh]] because theoretically one could have done so on [[Shabbat]] if there were walls surrounding the path (which would permit [[carrying on Shabbat]]). <ref>Kitzur Shulchan Aruch 90:3</ref><br />
# One may walk to one's garden within the techum in order to pick fruit after [[Shabbat]] since it is not evident that one is walking there for that purpose.<ref>Kitzur Shulchan Aruch 90:3</ref><br />
<br />
==techum above Ten Tefachim==<br />
# There is an unresolved discussion in the Gemara whether there is techum above ten tefachim. We are lenient if a person started Shabbat above ten tefachim that he doesn't have a techum of two thousand amot as long as he didn't yet land or reach a place that is connected to the ground.<ref>Gemara Eruvin 43a-b, Shulchan Aruch OC 404:1</ref> This is relevant to a person who was on a boat at the beginning of Shabbat.<ref>Shulchan Aruch 404:1</ref><br />
# A wagon is considered within ten tefachim of the ground since the wheels rest on the ground and the wagon itself if bigger than 4 tefachim.<ref>Shoel Umeishiv 5:3</ref><br />
==techum of Property==<br />
# A barrel that belongs to two people that was split up on Yom Tov, each part has the techum of the owner of that half even though it was only split up on Yom Tov.<ref> The Gemara Beitzah 37b records a dispute between Rav and Shmuel whether we hold of the concept of berierah. Berierah is that we can view an eventual decision as though it already happened to clarify what is the case now. Rav holds of it and Shmuel does not. The gemara’s conclusion (38a) is that for derabbanan concepts we hold of Berierah. This is codified by the Rambam (Yom Tov 5:20) and Shulchan Aruch 397:10.</ref><br />
==Boats==<br />
#Some permit getting on a boat before Shabbat even though the boat will travel more than the techum on Shabbat because the traveler isn't walking or moving himself, rather the water is moving the boat.<ref>Rashbam cited by Tosfot Eruvin 43a, Ramban Eruvin 43a, Rashba Eruvin 43a</ref> However, most rishonim disagree and hold that traveling more than the techum on a boat is forbidden.<Ref>Rabbenu Chananel Shabbat 19a, Rambam (teshuva 308-310), Ritva Eruvin 43a, Rif Shabbat 7b according to Bet Yosef 248. Maharik 45 understands that Rif can hold like Rashbam. Chazon Ovadia v. 1 pp. 127-130 proves that the poskim don't accept the Rashbam and that's how he holds.</ref> Nonetheless, there are other leniencies about traveling beyond the techum on a boat: <br />
## If the boat is always above 10 tefachim from the seabed there is no prohibition to go in the boat beyond techum since there is no techum above 10 tefachim in the water, according to many poskim.<ref> Rabbenu Chananel Shabbat 19a, Rambam (teshuva 308-310), Rif Shabbat 7b, Shulchan Aruch 248:2</ref><br />
##Some permit getting on a boat more than 3 days before Shabbat even though it is known that it will continue to travel on Shabbat more than the techum, even if it is within 10 tefachim.<Ref>Maharik 45, Rama 248:1, Shulchan Aruch Harav 248:3</ref><br />
## Nonetheless, it is forbidden to get on a boat on Shabbat itself.<Ref>Mishna Brurah 248:21</ref><br />
## If someone was on a boat from before Shabbat and it was always above 10 tefachim, he may get off the boat. Once he gets off the boat he only can walk 2000 amot. Some are strict to hold that he may not get off the boat.<ref>Gemara Eruvin 43a has a unresolved question about whether there is techumin above 10 tefachim. Rambam (teshuva 308) and Ramban (Eruvin 43a) are lenient if the question is only rabbinic. Rosh, however, is strict that there is techumin above 10 tefachim. According to Rambam and Ramban, it is permissible to get off the boat if he was on there from before Shabbat since his techum didn't begin while he was on the boat above 10 tefachim. According to Rosh he may not get off the boat. Shulchan Aruch 404:1 holds like Rambam and Ramban. Mishna Brurah 248:22 writes that it is permissible to disembark from the boat and go up to 2000 amot if he was on the boat from before Shabbat.</ref><br />
<br />
==Airplane that Landed on Shabbat==<br />
#It is forbidden to go on a plane that will land on Shabbat.<Ref>Igrot Moshe OC 3:97</ref><br />
#If someone was in an airplane that landed on Shabbat, because of circumstances beyond his control, there is a discussion if it is permitted to get off the plane because of techum. Some allow getting off the plane into the walkway that is attached to the plane and airport. Still one may not leave the airport unless it is included in the techum of the city.<Ref>Igrot Moshe OC 3:97 holds that even if there’s no techum while the airplane is moving, there is techum once it lands. Since from the point it landed until the terminal is more than 2000 amot, it is forbidden to get off the plane. He's discussing leaving from the plane onto the tarmac. techumei Shabbat p. 48 is lenient in extenuating circumstances to get off the plane into the walkway attached to the plane since it is all like 4 amot. See also Tzitz Eliezer 1:21:18.</ref><br />
<br />
==Someone who came from beyond the techum==<br />
#Someone who was brought against his will from beyond the techum and was brought against his will back into a walled area that area is considered like 4 amot.<ref><br />
* Rosh (perek mi shehotziyhu 10) holds that in order for the city to count like 4 amot for techumin it must have walls made for living. This is true both when acquiring techum at the beginning of Shabbat and if brought from beyond the techum and put into walls. <br />
* Rabbenu Yerucham (cited by Beit Yosef 405:6) holds that in order for the city to count like 4 amot it must have walls made for living only when brought from beyond the techum. However, when acquiring techum at the beginning of Shabbat walls aren't necessary. Biur Halacha (405:8 s.v. im) rules in according with this view. Dirshu 405:17 also infers this from Shaar Hatziyun 408:13.<br />
*Ramban (Eruvin 41a) holds that walls are never necessary for a city to be considered 4 amot. Biur Halacha (405:6 s.v. mukfet) writes that in an extenuating circumstance you can rely on this opinion, unlike Shulchan Aruch O.C. 405:6 who rules unlike Ramban.</ref><br />
==Links==<br />
# See a summary of the halacha's of techum with pictures on [http://www.techumshabbos.com/the-basic-halachos-in-a-rush.html techumShabbos.com]<br />
# [https://ph.yhb.org.il/category/%d7%a9%d7%91%d7%aa/30-%d7%aa%d7%97%d7%95%d7%9e%d7%99-%d7%a9%d7%91%d7%aa/ פניני הלכה, שבת פרק ל]<br />
<br />
==Sources==<br />
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<div> __NOGLOSSARY__<br />
Special thanks is given to Rabbi Mordechai Willig, Rosh Yeshiva of Yeshiva University, who reviewed each one of the articles below. <br />
<br>Here's a list of the articles that came out in the 5774-5775 year:<br />
* [http://www.halachipedia.com/documents/5775/Purim_Packet.pdf Practical Guide to Purim]<br />
* [http://halachipedia.com/documents/5775/Brachos_Packet.pdf Practical Guide to Brachos] in honor of Tu Bishvat<br />
* [http://halachipedia.com/documents/5775/Sukkos_Packet.pdf Practical Guide to Sukkos]<br />
<br>Here's a list of the articles that came out in the 5773-5774 year:<br />
*[http://halachipedia.com/documents/5774/Daled_Minim.pdf Practical Guide to the Daled Minim]<br />
*[http://www.halachipedia.com/documents/5774/Chanukah_Packet.pdf Chanukah Packet]<br />
*[http://www.halachipedia.com/documents/5774/Haggadah_Halachot.pdf Halachot of The Haggadah]<br />
*[http://www.halachipedia.com/documents/5774/Shabbos_Packet.pdf Guide to The 39 Melachos and Selected Halachos]<br />
<br>Here's a list of the articles that came out in the 5772-5773 year:<br />
*[http://halachipedia.com/documents/5773/1.pdf Issue 1 - Minhagim of Elul]<br />
*[http://halachipedia.com/documents/5773/2.pdf Issue 2 - The Mitzvah of Rebuke]<br />
*[http://halachipedia.com/documents/5773/3.pdf Issue 3 - Simanim on Rosh Hashana]<br />
*[http://halachipedia.com/documents/5773/4.pdf Issue 4 - Hadlakat Neirot Shabbat in Yeshiva]<br />
*[http://halachipedia.com/documents/5773/5.pdf Issue 5 - Trapping on Shabbat]<br />
*[http://halachipedia.com/documents/5773/6.pdf Issue 6 - Amirah LeNochri]<br />
*[http://halachipedia.com/documents/5773/7.pdf Issue 7 - Erasing On Shabbat]<br />
*[http://halachipedia.com/documents/5773/8.pdf Issue 8 - Bracha on Chocolate]<br />
*[http://halachipedia.com/documents/5773/9.pdf Issue 9 - Time to Light Chanukah Candles]<br />
*[http://halachipedia.com/documents/5773/10.pdf Issue 10 - Order of Lighting Chanukah Candles]<br />
*[http://halachipedia.com/documents/5773/11.pdf Issue 11 - Chanukah Candles in the Dorms]<br />
*[http://halachipedia.com/documents/5773/12.pdf Issue 12 - Leftover Oil from Chanukah Candles]<br />
*[http://halachipedia.com/documents/5773/13.pdf Issue 13 - Practical Applications of Tofer]<br />
*[http://halachipedia.com/documents/5773/14.pdf Issue 14 - Muktzeh Machmat Chisaron Kis]<br />
*[http://halachipedia.com/documents/5773/15.pdf Issue 15 - Muktzeh Machmat Gufo]<br />
*[http://halachipedia.com/documents/5773/16.pdf Issue 16 - Moving Muktzeh on Shabbat]<br />
*[http://halachipedia.com/documents/5773/17.pdf Issue 17 - Tanit Ester]<br />
*[http://halachipedia.com/documents/5773/18.pdf Issue 18 - When Purim falls out on Motzei Shabbat]<br />
*[http://halachipedia.com/documents/5773/19.pdf Issue 19 - Kashering Utensils for Pesach]<br />
*[http://halachipedia.com/documents/5773/20.pdf Issue 20 - Bitul and Biur Chametz]<br />
*[http://halachipedia.com/documents/5773/21.pdf Issue 21 - Shiur of wine at the Seder]<br />
*[http://halachipedia.com/documents/5773/22.pdf Issue 22 - Bosis of Muktzeh]<br />
*[http://halachipedia.com/documents/5773/23.pdf Issue 23 - Brushing Teeth on Shabbat]<br />
*[http://halachipedia.com/documents/5773/24.pdf Issue 24 - Amirah LeNochri for Maids]<br />
*[http://halachipedia.com/documents/5773/25.pdf Issue 25 - Eating Dairy on Shavuot]<br />
<br>Here's a list of the articles that came out in the 5771-5772 year:<br />
*[http://halachipedia.com/documents/5772/1.pdf Issue 1 - Bracha on Pizza]<br />
*[http://halachipedia.com/documents/5772/2.pdf Issue 2 - Opening bottles on Shabbat]<br />
*[http://halachipedia.com/documents/5772/3.pdf Issue 3 - Korbanot]<br />
*[http://halachipedia.com/documents/5772/4.pdf Issue 4 - Guest on Chanuka]<br />
*[http://halachipedia.com/documents/5772/5.pdf Issue 5 - Minhagim of Chanuka]<br />
*[http://halachipedia.com/documents/5772/6.pdf Issue 6 - Birkat HaLevana]<br />
*[http://halachipedia.com/documents/5772/7.pdf Issue 7 - Learning secular subjects on Shabbat]<br />
*[http://halachipedia.com/documents/5772/8.pdf Issue 8 - Removing a stain on Shabbat]<br />
*[http://halachipedia.com/documents/5772/9.pdf Issue 9 - Order of Brachot]<br />
*[http://halachipedia.com/documents/5772/10.pdf Issue 10 - Bracha on certain snacks]<br />
*[http://halachipedia.com/documents/5772/11.pdf Issue 11 - Practical applications of Borer]<br />
*[http://halachipedia.com/documents/5772/12.pdf Issue 12 - Zecher LeMachsit HaShekel]<br />
*[http://halachipedia.com/documents/5772/13.pdf Issue 13 - Mishloach Manot]<br />
*[http://halachipedia.com/documents/5772/14.pdf Issue 14 - Seudat Purim]<br />
*[http://halachipedia.com/documents/5772/15.pdf Issue 15 - Standing for a talmid chacham or elderly]<br />
*[http://halachipedia.com/documents/5772/16.pdf Issue 16 - Bedika and Mechira for Yeshiva students]<br />
*[http://halachipedia.com/documents/5772/17.pdf Issue 17 - Shiur of Matza at the Seder]<br />
*[http://halachipedia.com/documents/5772/18.pdf Issue 18 - Shaving during Sefira]<br />
*[http://halachipedia.com/documents/5772/19.pdf Issue 19 - When to count the sefira]<br />
*[http://halachipedia.com/documents/5772/20.pdf Issue 20 - Music during Sefira and Three Weeks]<br />
*[http://halachipedia.com/documents/5772/21.pdf Issue 21 - Practical cases of Koshair on Shabbat]<br />
*[http://halachipedia.com/documents/5772/22.pdf Issue 22 - Halachos of staying up all night]<br />
*[http://halachipedia.com/documents/5772/23.pdf Issue 23 - Preparing on Shabbat for After Shabbat]<br />
*[http://halachipedia.com/documents/5772/24.pdf Issue 24 - Heating up food on Shabbat]<br />
*[http://halachipedia.com/documents/5772/25.pdf Issue 25 - Electronics on Shabbat]<br />
<br />
<br>On a number of occasions, Rav Willig commented that he enjoyed the articles and their thoroughness. He also explained that these articles did not represent his personal pesakim on the issues mentioned except where his opinion is specifically mentioned, in which case, it was always confirmed that the article represented his opinion accurately.</div>ChachamYhttps://halachipedia.com/index.php?title=Main_Page&diff=16513Main Page2015-02-27T07:16:26Z<p>ChachamY: </p>
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*[[Prayers| And more...]]<br />
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* [[Brachot on Food]]<br />
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* [[Brachot HaShachar]]<br />
* [[Pesukei DeZimrah]]<br />
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<googlePlusOne/></div>ChachamYhttps://halachipedia.com/index.php?title=Tefillat_HaDerech&diff=14943Tefillat HaDerech2014-07-10T15:35:52Z<p>ChachamY: </p>
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<div>==Obligation and text==<br />
# Someone who goes on a trip whether it’s by foot, car, train, or airplane should say Tefillat HaDerech. <Ref>S”A 110:7 writes that one only makes the Bracha for a distance of a parsa (which Mishna Brurah 110:31 explains is 8000 [[Amot]]). Mishna Brurah 110:30 writes that one should make the Bracha for riding a train. Piskei Teshuvot 110:2 writes that one makes the Bracha for travel by car, train, boat, or airplane. Ishei Yisrael 50:2 writes that whether one is walking or driving one makes the Bracha. Ishei Yisrael 50:1 quotes Rav Shlomo Zalman saying that one who’s traveling by car can add the phrase “VeTatsileynu MeTeunot Derachim” (may we be saved from a car accident). </ref> <br />
# One who travels on the path should say Tefillat HaDerech ([[prayer for traveling]]) with the following text:<br />
''יהי רצון מלפניך ה' אלהינו ואלהי אבותינו שתוליכנו לשלום, ותצעידנו לשלום, ותסמכנו לשלום, [ואם חוזר בו ביום יוסיף: ותחזירנו לשלום] ותצילנו מכף כל אויב ואורב בדרך, ותשלח ברכה במעשי ידינו, ותתננו לחן לחסד ולרחמים בעיניך ובעיני כל רואינו, [כי אתה שומע תפלות עמך ישראל ברחמים] ברוך אתה ה' שומע תפלה'' . <ref>Gemara [[Brachot]] 29b, S”A 110:4. Text from Yalkut Yosef ([[Tefillah]] vol 2, 110:2). According to the Kitzur Shulchan Aruch 68:1, the text is "ותתנני"; otherwise, everything else is in the plural. </ref><br />
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==For what trips should one say Tefillat HaDerech?==<br />
# <div id="forwhichtrips"></div> According to some poskim, one should recite Tefillat HaDerech only if he is nervous about the trip. <Ref>R' Joseph B. Soloveitchik, R' Hershel Schachter in [http://www.yutorah.org/lectures/lecture.cfm/799793/Rabbi_Hershel_Schachter/Daily_Halacha_Chabura_#21 Daily Halacha Chabura #21 (5:25)]. </ref> Other poskim maintain that one should recite it regardless of whether he is nervous. <Ref>R' Yaakov Kamenetsky, quoted by Rabbi Schachter [http://www.yutorah.org/lectures/lecture.cfm/799793/Rabbi_Hershel_Schachter/Daily_Halacha_Chabura_#21 Daily Halacha Chabura #21 (5:25)] </ref><br />
#Ashkenazim hold that when one travels a distance of 8000 [[Amot]] from one city to another city, one recites Tefillat HaDerech only if there’s no city within 16,000 [[amot]] along the path one is traveling. If there’s a continuous line of cities along the way within 16,000 [[Amot]] from the city where one departed one should say Tefillat HaDerech without Hashem’s name in the Bracha. <Ref>Beiur Halacha 110:7 s.v. VeEin says that if there’s a city with 8000 [[Amot]] along the way one shouldn’t say Tefillat HaDerech. Halichot Shlomo ([[Tefillah]] 21:7) writes that one is only obligated in Tefillat HaDerech if one travels in an area that there’s no city for 16,000 [[Amot]]. He adds that we calculate the trip by distance and not time. [[Tefillah]] KeHilchata 27:26 rules that in order to make the Bracha at the conclusion it must be a trip the distance of 4.7 km (based on the Chazon Ish’s measure of the [[Amah]]). </ref> <br />
## The distance is measured according to the distance it takes to travel the roads even if the road isn’t straight and not according to the shortest most direct line. <Ref>Eshel Avraham MeButchach 110, Tehillat LeDavid 110:4, Halichot Shlomo ([[Tefillah]], chap 21, note 7, pg 253), Piskei Teshuvot 110:8 </ref><br />
# Sephardim hold that if one travels in a car, train, boat, airplane or any other mode of transportation if one travels 72 minutes from one city to another city then one says Tefillat HaDerech. <Ref>Halacha Brurah 110:16 based on Sh”t Yabia Omer 1:13, 6:48(9) </ref><br />
## The distance is only counted between one city and the other. <Ref>Halacha Brurah 110:16 </ref><br />
## Even if there’s cities or pit stops along the way, the Sephardic minhag is to make Tefillat HaDerech. <Ref>Yalkut Yosef ([[Tefilla]] vol 2, 110:2, pg 3) </ref><br />
==Distance traveled==<br />
# According to Ashkenazim as long as the distance traveled is 3.84 kilometers then one should make the Bracha, however, according to Sephardim one should only make it for a travel of 72 minutes. <Ref>Piskei Teshuvot 110:8 writes that according to Rav Chaim Noeh the measurement is 3.84 km and according to the Chazon Ish 4.6km. Sh”t Yabia Omer 1:13 writes that Sephardim follow the time of it takes to walk a [[mil]] which is established to be 72 minutes. </ref><br />
==When should one say Tefillat HaDerech?==<br />
# One should preferably say it within the first 8000 [[Amot]] of the trip. <Ref>Rama 110:7, Ishei Yisrael 50:7, Kitzur Shulchan Aruch 68:1 </ref>However, if one didn’t as long as there is 8000 [[Amot]] left in the trip one may say Tefillat HaDerech. <Ref>S”A 110:7, Ishei Yisrael 50:7 </ref><br />
# One shouldn’t say Tefillat HaDerech until one leaves the city and a bit more than 70 [[Amot]] from the city. <Ref>S”A 110:7 writes that one shouldn’t say Tefillat HaDerech until one is on the way. Mishna Brurah 110:29 adds that one shouldn’t say while one is in the extension of the city which is a bit more than 70 [[amot]]. </ref> If one made it while one was still in the city, after the fact, one fulfilled the obligation. <ref>Mishna Brurah 110:29 </ref><br />
# Tefillat HaDerech should be said right after a Bracha such as a [[Bracha Achrona]] or [[Asher Yatzer]] so as to connect a Bracha beginning with Baruch to Tefillat HaDerech, if it’s impossible then one should make Tefillat HaDerech without any Bracha beforehand. <Ref>Mishna Brurah 110:28, Ishei Yisrael 50:5. Kitzur S"A 68:3 writes that if you are traveling before [[prayers]], then you should ideally recite it after the beracha of "[[gomel]] chasadim tovim liamo yisrael." </ref><br />
# One who needs to travel on [[Shabbat]] for a medical emergency should say Tefillat HaDerech. <Ref>[[Tefillah]] KeHilchata 27:30 based on Sh”t Besel haChachma 5:41 </ref><br />
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==How it should be said==<br />
# It’s proper to stand still when saying Tefillat HaDerech, however, if one is unable to one may say it while walking. <Ref>In Gemara [[Brachot]] 30a Rav Sheshet says that one may say it walking while Rav Chisda says one should say it only standing. The Rif ([[Brachot]] 20b) rules that it’s preferable to follow Rav Chisda. This is also the ruling of Rosh 4:18, Tur, S”A 110:4 </ref><br />
# If one is on a bus or train (or public transportation) and one is able to stand to say Tefillat HaDerech one should do so, otherwise one may say it seated. <Ref> In Gemara [[Brachot]] 30a Rav Sheshet says that one may say it walking while Rav Chisda says one should say it only standing. The Rif ([[Brachot]] 20b) rules that it’s preferable to follow Rav Chisda. This is also the ruling of Rosh 4:18, Tur and S”A 110:4. Mishna Brurah 110:22 writes that if one if standing still will cause one not to be able to have concentration one may say it while walking or seated. Halacha Brurah 110:11, Ishei Yisrael 50:2, Kitzur S"A 68:4. [[Tefillah]] KeHilchata 27:27 rule similarly. </ref><br />
# It’s preferable to stop the car to make the Bracha, however, if it’s dangerous or it will disturb one’s concentration if one stops, one may say it while traveling. <Ref>S”A 110:4, Mishna Brurah 110:22, 23, Halacha Brurah 110:11 </ref> Some say that because of lack of safety in saying Tefillat HaDerech while driving and lack of kavana (proper intent) one may say it in the Shomeh [[Tefillah]] of the [[Shemoneh Esrei]] prior to leaving. <Ref>[[Tefillah]] KeHilchata (chap 27 note 80) in name of Rav Scheinberg says that if one will not be able to stop and one may can’t say it while driving because of safety and lack of kavana one should say it in the Shomeh [[Tefillah]] of the [[Shemoneh Esrei]] prior to leaving. </ref><br />
# It’s preferable that each person say it themselves but the strict law permits one to say it and others to fulfill their obligation. <ref>Piskei Teshuvot 110:3 </ref><br />
# Although the [[prayer]] should be recited in the plural, one nevertheless fulfills his obligation if he recites it in the singular. <ref> Mishna Brurah 110:18 </ref><br />
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==How often is it said==<br />
# Tefillat HaDerech covers one’s travels for the entire day and night until [[Olot HaShachar]] unless one had in mind to complete one’s travels and then changed one’s mind to travel. <Ref>S”A 110:5, Ishei Yisrael 50:3, Kitzur S"A 68:5 </ref><br />
# If one continues to travel the next day another Tefillat HaDerech is needed unless one non-stopped traveled through the night (without stopping for a Shinat Kevah). <ref>Mishna Brurah 110:26 , Ishei Yisrael 50:4. See Kitzur S"A 68:5, who holds that if one embarks on a journey which lasts more than a day and night--and this includes if one sleeps on the journey in an unsettled place--one repeats the Tefillat Haderech each day, while concluding without a Beracha. </ref><br />
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==Halachos of Traveling==<br />
# When traveling one should learn Torah but not learn Torah in depth so that one is not too distracted, however, if one riding in a carriage and someone else is leading the horses one may even learn in depth learning. <Ref>Magan Avraham 110:10 </ref><br />
# When one departs from one’s friend one should leave him with a halacha. <Ref>Gemara [[Brachot]] 31a, Shaarei [[Teshuva]] 110:6 </ref><br />
# When one departs from a friend one should say “לך לשלום” (go in peace) and not לך בשלום. <Ref>The Gemara [[Brachot]] 64a notes that Dovid HaMelech told Avshalom, "לך בשלום", and he eventually died, hung on a tree from his hair; Yitro told Moshe, "לך לשלום", and he succeeded. The Gemara concludes that when one parts from a friend one should say “לך לשלום” and not "לך בשלום". This is codified as halacha by the Mishna Brurah 110:17 and Kitzur S"A 68:6.</ref><br />
# One should give [[Tzedaka]] before departing <ref> Kitzur S"A 68:6. The Passuk in Tehillim 85:14 says: צֶ֭דֶק לְפָנָ֣יו יְהַלֵּ֑ךְ וְיָשֵׂ֖ם לְדֶ֣רֶךְ פְּעָמָֽיו. </ref>.<br />
# One should try to have several people escort him during the beginning of his journey; the person who is escorting him must stay in place until the person is out of sight <ref> Kitzur S"A 68:6 </ref>.<br />
# One should say each day some Tehillim with intent and humility. One should bring bread with him, even if he isn't going far. One should take an extra pair of [[tzitzit]]. One shouldn't eat too much when he is traveling. <ref> Kitzur S"A 68:6 </ref><br />
# There are Halachos related to saying a [[Shemoneh Esrei]] sitting. See [[Shemoneh_Esrei#Davening_sitting|Davening Sitting]].<br />
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==Questions and Answers==<br />
# For which trips should one make tefilat haderech? [[Tefillat HaDerech#forwhichtrips|see above]]<br />
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==Sources==<br />
<references/><br />
[[Category:Prayer]]</div>ChachamYhttps://halachipedia.com/index.php?title=Games_on_Shabbat&diff=14031Games on Shabbat2014-03-19T04:41:53Z<p>ChachamY: /* Lego or Tinkertoy */</p>
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<div>{{Good}}<br />
For an introduction to playing games on [[Shabbat]], especially for those above Bar and Bat mitzvah, see the discussion page. <br />
==Children above Bar/Bat Mitzvah==<br />
# It’s highly advisable that older children (above 13 for a boy and above 12 for a girl) and adults should desist from playing games on [[Shabbat]]. <Ref> Shemirat [[Shabbat]] KeHilchata 16:1, Children in Halacha (Rabbi Simcha Bunim pg 132), Kaf Hachaim 308:259, Sh"t Az Nidberu 1:13, Yam Shel Shlomo Masechet Beitza 1:34. See Sh”t Or Letzion 2:45:5 who only permits games for girls under Bat Mitzvah because for adults it’s an issue of [[muktzah]], and for boys under [[Bar Mitzvah]] it’s an issue of getting them involved in something that will cause [[Bitul Torah]]. The Gemara Yerushalmi [[Shabbat]] 15:3 writes that [[Shabbat]] was given for people to learn torah. Ben Ish Chai Parashat Shemot:Halacha 2 writes that the reward for learning torah on [[Shabbat]] is one thousand times greater than during the week. </ref><br />
==Children Under the age of Bar/Bat Mitzvah==<br />
# Even children as young as 4 or 5 should only play with games or toys which are permissible on [[Shabbat]]. <ref> Or Litzion 2:42:5 </ref> Children younger than that though, can use toys that are usually considered muktze. <ref> Tiltulei [[Shabbos]] pg. 22:footnote 2 in the name of Rav Moshe Feinstein. </ref> <br />
# Some poskim permit an adult to move an otherwise [[muktzeh]] toy for a young child, because the child will play with it so it isn't considered [[muktzeh]]. <ref> Sh"t Iggerot Moshe 5:22:10, Sh"t Beer Moshe 6:24, Sh"t Yabia Omer 7:39 </ref> <br />
==Noisemakers==<br />
# Items which make noise, such as bells, rattles, and musical instruments, are [[Muktzeh]]. <Ref> Shemirat [[Shabbat]] KeHilchata 16:2. Shulchan Shlomo pg. 280 however, permits moving a rattle even if this will make noise </ref> <br />
# It’s permissible for an adult to give a baby a toy that makes noise, such as whistles, rattles, or other noisemakers. <Ref>Shemirat [[Shabbat]] KeHilchata 16:3, 39 Melachos (Rabbi Ribiat, vol 4, pg 1161-2) </ref> Some say that one shouldn't give such a toy directly to the baby, but should place the toy in front of him, unless the baby won’t take it for himself. <Ref> Children in Halacha (Rabbi Simcha Bunim, pg 134) </ref><br />
# An adult shouldn't personally use a noisemaker (such as a rattle) to entertain a baby <Ref>Shemirat [[Shabbat]] KeHilchata 16:3, 39 Melachos (Rabbi Ribiat, vol 4, pg 1161) </ref> unless there’s a necessity (such as to calm down a crying baby,) and even in such, a case it’s preferable for the adult to shake it in an unusual manner. <Ref> Children in Halacha (Rabbi Simcha Bunim, pg 135) </ref><br />
# Children that are above the age of [[chinuch]] (approximately four years old) should be taught not to use these noisemakers on [[Shabbat]]. <Ref> Children in Halacha (Rabbi Simcha Bunim, pg 133) </ref><br />
# However, toys whose primary function are not for noise, such as a merry-go-round that clicks as is used, may be used by children on [[Shabbat]]. <Ref> Children in Halacha (Rabbi Simcha Bunim, pg 134) </ref><br />
# A toy that hangs from the crib is not [[muktzeh]] because although it does make noise it can also be used to look at. <ref> Shalmei Yehuda 5:15, [[Shevet Halevi]] 9:78 </ref> <br />
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==Playing with sand==<br />
# It’s permissible for children to play with sand that’s fine, dry, and prepared before [[Shabbat]] for this use (as in a [[sandbox]]). One may not add water to the sand on [[Shabbat]] (a violation of [[Losh]].) <Ref> Shemirat [[Shabbat]] KeHilchata 16:4, Children in Halacha (Rabbi Simcha Bunim, pg 137-8), 39 Melachos (Rabbi Ribiat, vol 2, pg 253) </ref><br />
# A child who understands the holiness of [[Shabbat]] should not be let to play with a [[sifting]] toy which sifts out pebbles or dirt from the sand because of the melacha of [[Merakaid]].<ref>39 Melachos (vol 2, pg 516)</ref><br />
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==Clay==<br />
# It’s forbidden to play with clay or plaster on [[Shabbat]]. <Ref> Children in Halacha (pg 140), Sh”t Bear Moshe 6:34, Shemirat [[Shabbat]] KeHilchata 16:13 </ref><br />
==Paper folding==<br />
# On [[Shabbat]], one should not make a toy out of folded paper such as a boat or a hat. <ref>Shemirat [[Shabbat]] KeHilchata 16:21 </ref><br />
==Snow==<br />
===Walking===<br />
# One may walk normally on snow without concern that he is causing it to melt. <ref> S"A 320:13, Yalkut Yosef 320:25 </ref> This is true even if your shoes have letters which will be imprinted into the snow. <ref> Yalkut Yosef 320:25, Yabea Omer 5:28, Sh"t Maharam Brisk 1:59, Sh"t Chelkat Yaakov 2:132 </ref> <br />
===Muktzeh===<br />
# Snow isn’t [[Muktzeh]], but it’s forbidden to make snowballs or a snowman. <Ref> Children in Halacha (Rabbi Simcha Bunim, pg 138). Beer Moshe 1:20, Shemirat [[Shabbat]] Kehilchita 16:note 110 rule that snow isn't [[muktzeh]] based on the Gemara Eruvin 46a and Tosfot Beitza 2a “ka” which says that rain is not [[muktzeh]] as nolad because the moisture was in the clouds before the rain fell. <br />
<br /> However, Rav Moshe Feinstein (quoted in The Halachos of Muktza, pg. 165 note 10) stated that snow is [[muktzeh]] because it isn’t normally used and therefore would be like sticks or stones, even if it fell before [[Shabbat]]. In Iggerot Moshe OC 5:22 he was asked if you can move snow, based on his earlier psak that its [[muktzeh]], and says that its asur because of nolad and explains what makes it different from rain. </ref><br />
===Shoveling===<br />
# There is a discussion amongst the poskim if one is allowed to shovel snow on [[Shabbat]]. <ref> Mishneh Halachot 5:4 says that in a place without an eruv, one can ask a non-Jew to shovel snow because of the danger. Contemporary Questions in Halacha and Hashkofah pg. 137 writes that one should seek a non-Jew to clear the snow but If a non-Jew was not available and the conditions were hazardous getting in and out of the house, as a last resort, there may be room to be lenient and clear a small path. He adds that a Rav should be consulted. [http://en.tvunah.org/2013/12/16/shoveling-snow-on-shabbos/ Rav Osher Weiss] says even a Jew can shovel on a path that needs to be used and certainly one can have a non-Jew shovel for him </ref><br />
===Salt===<br />
# One may spread salt on icy walkway or stairs on [[Shabbat]] to prevent people from slipping.<ref>39 Melachos (vol 2, pg 368), Yalkut Yosef [[Shabbat]] 3 320:24, [http://en.tvunah.org/2013/12/23/melting-snow-with-salt/ Rav Osher Weiss] </ref><br />
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==Magnets==<br />
# Magnets are not [[muktzeh]] on [[Shabbat]]. <ref> Tiltulei [[Shabbat]] (pg 32) </ref> Some hold that it is permissible to attach things using a magnet. <ref> [http://thehalacha.com/wp-content/uploads/Vol3Issue14.pdf Halachically Speaking] in the name of Rav Yisrael Belsky </ref> Others disagree and say that it is an issue of [[tofer]]. <ref> [http://thehalacha.com/wp-content/uploads/Vol3Issue14.pdf Halachically Speaking] quoting Rav Elyashiv from sefer Migdal Dovid page 599:footnote 28 </ref> <br />
==Marbles==<br />
# Children may play with marbles inside the house (as long as it has flooring and not bare earth) but not outside. <Ref> Shemirat [[Shabbat]] KeHilchata 16:5 </ref><br />
==Playing with a ball==<br />
# A play-ball according to some Sephardic poskim is [[Muktzeh]], while Ashkenazic poskim hold it’s Kli Sh’Melachto LeHeter<ref> Even though Shevut Yitzchak (pg 89) quotes Rav Elyashiv as saying that even Shulchan Aruch would agree that the modern play-ball is non-[[Muktzeh]]. Even though Yalkut Yosef (Kitzur S”A 308:84; authored by Rav Yitzchak Yosef) writes one should follow S”A 308:45 that considers all balls to be [[Muktzeh]], Chazon Ovadia (p. 99; authored by Rav Ovadia Yosef) rules that nowadays since the balls are made to this purpose they aren't [[Muktzeh]]. Sh”t Or Letzion 2:26:8 writes that a ball is considered [[Muktzah]] for boys and girls above Bar and Bat mitzvah. Other games are generally not [[muktzah]] but should preferably be treated as [[muktzah]] and not moved. <br />
* For Ashkenazim the Rama 308:45 certainly considers balls to be non-[[Muktzeh]]. Rav Moshe Feinstein quoted by Sefer Tiltulei [[Shabbat]] (pg 22 note 16), Rav Elyashiv in Shalmei Yehuda (pg 91), and Sh"t [[Shevet Halevi]] 9:78 agree.</ref><br />
# Children may play ball games on paved (asphalt or concrete) ground or on a ping-pong table, both indoors or outside, as long as there’s an appropriate Eruv. <Ref>Shemirat [[Shabbat]] KeHilchata 16:6. Children in Halacha (Rabbi Simcha Bunim Cohen, pg 137) adds that any game which the ball rolls on the ground may not be played except on pavement; however, other ball games can be played even on grass. Children in Halacha (Rabbi Simcha Bunim, pg 140) says that it’s permissible to play ping-pong. </ref><br />
# It’s forbidden to get a ball out of a tree whether by hand or using a stick. <Ref>Shemirat [[Shabbat]] KeHilchata 16:7, Mishna Berura 336:3, Children in Halacha (Rabbi Simcha Bunim Cohen, pg 137) </ref><br />
# It’s permissible to blow up inflatable balls which had been previously inflated so long as the air is kept in using a plastic or rubber insertion. However, if the opening is usually tied after inflation, the ball is [[Muktzeh]] and can’t be used. <Ref>Shemirat [[Shabbat]] KeHilchata 16:8, Binyan [[Shabbos]] pg. 137. Rav Elyashiv (quoted in Shalmei Yehuda pg. 92) however, holds that it is a problem of uvda dichol. see also Sh"t Minchat Yitzchak 6:30 and Sh"t Chelkat Yaakov 3:159 who are stringent as well </ref> Similarly, some permit one to inflate a balloon on [[Shabbat]] for a child. <Ref> Children in Halacha (pg 139) </ref><br />
# It’s not within the sanctity of [[Shabbat]] to visit a sports game even if there’s no issue of the admissions ticket. <Ref>Shemirat [[Shabbat]] KeHilchata 16:9 </ref><br />
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==Bikes==<br />
# Children shouldn’t ride a bike on [[Shabbat]], however a tricycle or scooter is permissible only within in an eruv. Preferably, the bell on the scooter should be removed. <Ref> Children in Halacha (pg 138), Shemirat [[Shabbat]] KeHilchata 16:17 adds a scooter </ref><br />
==Swings==<br />
# It’s permissible to climb a swing set, but it is forbidden to climb a tree or ascend a ladder which leans against a tree. (This is a Rabbinic prohibition related to [[Kotzer]]). <Ref> Shemirat [[Shabbat]] KeHilchata 16:15 </ref><br />
# It’s permissible to use a swing suspended from a swing set. <Ref>Children in Halacha (pg 140), Shemirat [[Shabbat]] KeHilchata 16:16 </ref><br />
# Some permit using a swing suspended from a tree as long as the tree doesn’t shake when used; however, a tire suspended from a tree shouldn’t be used. Others forbid all swings suspending from a tree unless the swing suspends from a pole that’s attached to two trees. <Ref>Children in Halacha (pg 140) is lenient, while Shemirat [[Shabbat]] KeHilchata 16:16 is stringent. </ref><br />
==Toy car==<br />
# It’s permissible to wind up a spring motorized toy on [[Shabbat]]. <Ref>Children in Halacha (pg 139), Shemirat [[Shabbat]] KeHilchata 16:14</ref><br />
# Before [[Shabbat]] one must remove batteries from a battery run toy in order that the child can play with it on [[Shabbat]]. <Ref>Children in Halacha (pg 139) </ref><br />
==Binoculars and Telescopes==<br />
# It is permissible to use binoculars or a telescope on [[Shabbat]], provided that no electricity or special assembly equipment is used. <ref> Shemirat [[Shabbat]] Kehilchita 16:45 </ref> <br />
# One may focus binoculars on [[Shabbat]]. <ref> Kaf Hachaim 313:73, Shemirat [[Shabbat]] Kehilchita 16:45, Ketzot HaShulchan 119:12 explain that this does not pose a problem of [[boneh]] because it is the regular method of use. see also Sh"t Tzitz Eliezer 6: pg. 296 </ref><br />
==Jacks==<br />
# Playing five stone (a type of jacks) is permissible and isn’t an issue of [[Muktzeh]]. <Ref>Shemirat [[Shabbat]] KeHilchata 16:11 </ref><br />
==Photographs==<br />
# It’s permissible to place a photograph into an album unless the photo’s adhere to the page or is stuck into the album even by means of a corner piece. (See page on [[Tofer]].)<Ref> Shemirat [[Shabbat]] KeHilchata 16:12 </ref><br />
==Lego or Tinkertoy==<br />
# It’s permissible to play with building blocks that don’t interlock. (See page on [[Boneh]].) <Ref>Shemirat [[Shabbat]] KeHilchata 16:18 </ref><br />
# Some say that playing with Lego or Tinkertoy isn’t considered building and is permissible. <Ref> Sh”t Or Letzion vol 2 (chap 42:5 pg 272), Sh”t Tzitz Eliezer 13:30, Sh”t Be'er Moshe 6:25, Sh”t Yabia Omer 7:39(4), Yalkut Yosef 314:1, Children in Halacha (Rabbi Simcha Bunim Cohen, pg 135). The Or Letzion's reasoning is that if one intends to take them apart in a short period of time, then it is considered like something that is usually put together and taken apart and doesn't constitute Boneh. Additionally, they are put together for fun and not in order to build. See, however, Sh”t Machazeh Eliyahu 69 who raises the issue of [[Kotev]].</ref> However, some say that it’s forbidden. <Ref> Shemirat [[Shabbat]] KeHilchata 16:19 (in the new edition) writes that building blocks which fit together tightly are forbidden and continues to give Lego as an example. Similarly, Shalmei Yehuda (pg 90) quotes Rav Elyashiv as saying that lego would be considered building. Sefer Tiltulei [[Shabbat]] (Rabbi Pinchas Bodner, pg 24) quotes Rav Moshe Feinstein as saying that it’s not clear whether the interlocking pieces is forbidden, and therefore the Sefer Tiltulei [[Shabbat]] writes that one shouldn’t give it to a child, but if the child takes it not to object. </ref><br />
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==Board games==<br />
# Using dice on [[Shabbat]] is permitted. <Ref>Shemirat [[Shabbat]] KeHilchata 16:33 </ref><br />
===Monopoly===<br />
# It is permitted to play monopoly on [[Shabbat]], while others say that one should refrain. <Ref> Children in Halacha (pg 139) and Sh”t Or Letzion 2:45:5 in the note are lenient, while Shemirat [[Shabbat]] KeHilchata 16:32 says that it’s preferable to refrain. </ref><br />
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===Scrabble===<br />
# Some poskim consider Scrabble a kli shemelachto li'isur since it is a game which involves writing down the score. <ref> Sefer Tiltulei [[Shabbat]] pg. 24 </ref> <br />
# It’s forbidden to play a game that one normally writes when playing the game. (See the page on [[Kotaiv]].) <Ref> Chaye Adam ([[Shabbat]] 38:11) </ref> Therefore, some say that scrabble shouldn’t be played on [[Shabbat]] because one normally writes when playing the game. <Ref>Children in Halacha (Rabbi Simcha Bunim, pg 135), Tiltulei [[Shabbat]] (Halachos of [[Muktzeh]] pg 24) </ref> <br />
# Some hold that it is permissible to play as long as you do not use the scrabble board that has individual squares for each tile (which creates an additional problem of kosev.)<br />
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==Card games==<br />
# It’s permissible to play card games; however, when finished, one may not separate the cards in order to put it away. (See the page on [[Borer]].)<Ref>Shemirat [[Shabbat]] KeHilchata 16:34 </ref><br />
==Puzzles==<br />
# Some poskim permit building puzzles on [[Shabbat]], while others forbid. (See the page on [[Kotaiv]].) To avoid the issue of [[Borer]] ([[separating]]) one must be careful not to separate pieces that one doesn’t want from those that one wants. <Ref> Sh”t Or Letzion 2:45:6 writes that it’s not considered writing since it’s only for the purposes of a game (and it’s temporary). So too there’s no issue of [[Borer]] since one takes the pieces one wants and uses them immediately. This is also the opinion of Sh”t Beer Moshe 6:26, and Rav Chaim Pinchas Scheinberg quoted in Children in Halacha (pg 140), and Rav Moshe HaLevi in Menuchat Ahava (vol 3, 22:16). However, Shemirat [[Shabbat]] KeHilchata 16:23 forbids if the pieces fit tight together (interlock). Similarly, Shalmei Yehuda (pg 90) quoting Rav Elyashiv and Sefer Tiltulei [[Shabbat]] (pg 25; Rabbi Yisrael Bodner) write that it’s forbidden. </ref><br />
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==Sources==<br />
<References/><br />
[[Category:Shabbat]]</div>ChachamYhttps://halachipedia.com/index.php?title=User_talk:IvduEsHashemB%27Simcha&diff=14028User talk:IvduEsHashemB'Simcha2014-03-19T04:16:52Z<p>ChachamY: </p>
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<big>I'm proud to help such a great website!</big><br />
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Yashar Koach! --[[User:ChachamY|ChachamY]] ([[User talk:ChachamY|talk]]) 00:16, 19 March 2014 (EDT)</div>ChachamYhttps://halachipedia.com/index.php?title=Dancing,_Clapping,_and_Making_Music_on_Shabbat&diff=14019Dancing, Clapping, and Making Music on Shabbat2014-03-18T19:13:06Z<p>ChachamY: </p>
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<div>{{Okay}}<br />
==Dancing or Clapping==<br />
# It's forbidden to dance or clap on [[Shabbat]]. <ref>S"A 339:3</ref><br />
# There is a minhag to be lenient in these issues and one shouldn't protest those who are lenient. Many authorities say that one shouldn't rely on this minhag except in cases of mitzvah. <Ref> The Mishna in Beitzah 36b writes that it’s forbidden to clap or dance on [[Yom Tov]] or [[Shabbat]]. The Gemara (Beitzah 36b) explains that this is a rabbinic prohibition in order to prevent a person from coming to fix a musical instrument. Tosfot (Beitzah 30a s.v. Tenan) writes that the gezerah of Chazal only applied then when they were experts in fixing musical instrument but it wouldn’t apply to us since we’re not experts in that area. The Bet Yosef 339:3 writes that the implication of all the poskim who simply copy the prohibition of the Mishna is that they do not hold of the logic of Tosfot. The Shulchan Aruch 339:3 rules clearly that it’s forbidden to clap or dance on [[Shabbat]]. The Rama writes that the minhag is to be lenient based on the opinion of Tosfot that there’s no prohibition anymore of coming to fix a musical instrument. The implication of the Rama is that this minhag isn’t proper but it’s better not to inform people of the prohibition so that they only violate it unintentionally and not deliberately. The Mishna Brurah 339:10 writes that one shouldn’t rely on this minhag except in cases of mitzvah. This is also the opinion of the Shemirat [[Shabbat]] KeHilchata 16:43-4. Sh"t Igrot Moshe 2:100 writes that even though most rishonim forbid, since the rama quotes tosfot and that is the minhag there is what to rely on but a baal nefesh should be strict. 39 Melachos (Rabbi Ribiat, vol 4, pg 1160) writes that based on the Rama many people permit themselves to clap and drum their fingers while singing (and quotes Igrot Moshe in the footnote). </ref><br />
# For the honor of the Torah it's permissible to dance on [[Simchat Torah]]. <ref>39 Melachos (Rabbi Ribiat, vol 4, pg 1160) </ref><br />
==Rhythms or beats==<br />
# It is forbidden to play a musical instrument even if the sound produced isn't musical or rhythmic. <ref>39 Melachos (Rabbi Ribiat, vol 4, pg 1159) </ref>Examples of instruments included are whistles, rattles, bells, horns, and groggers. <ref>39 Melachos (Rabbi Ribiat, vol 4, pg 1161) </ref> <br />
# It's forbidden to make music (a rhythm) using any tool or even one's hand. <ref> However, making music is another prohibition codified in Shulchan Aruch 338:1 based on a different source altogether. The Gemara Eiruvin 104a has a dispute between Rav Menashe (and Ulla) who forbids any production of sound and Rava who only forbids making music (קול של שיר). The Bet Yosef 338:1 quotes the Rif and Rambam 23:4 who hold like Rava and infers from the Rosh 10:20 that he also holds like Rava. However, the Rosh and Tur 338:1 quote the Rabbanu Chananel who holds like Rav Menashe. The reason of Rava isn’t clear from the Gemara, Rashi, or Tosfot. However, the Rambam 23:4 writes that the reason of the prohibition is the same as in the Mishna in Beitzah, so that one doesn’t come to fix an instrument. The Magan Avraham 338:1 clearly understands like the Rambam as he even writes that really there is room for being lenient as the Rama writes in 339:3. This is also codified in Mishna Brurah 338:1. The Mishna Brurah adds that the prohibition is not limited to a musical instrument and also applies to one's hand. </ref><br />
# Therefore, one may not knock on a door with one’s fist in a rhythm. <ref>39 Melachos (Rabbi Ribiat, vol 4, pg 1160) based on Mishna Brurah 338:1 (see previous footnote for background). See Orchot [[Shabbat]] 2:21(21) who agrees with this. </ref><br />
# One may not use a door knocker to knock on the door as it is considered an instrument designated for making sound. <ref>Rama 338:1 writes that tone may not knock on the door with a knocker even though one doesn't intend to make music because the knocker is designated to make noise. 39 Melachos (Rabbi Ribiat, vol 4, pg 1161), Shemirat [[Shabbat]] KeHilchata 23:55, The [[Shabbos]] Home (Rabbi Simcha Cohen, vol 2, pg 535) quote this as halacha. Based on Beiur Halacha 338:1 s.v. Hoil, the [[Shabbos]] Home writes that in cases of great need one is permitted to use the door knocker. </ref><br />
# If there is no other entrance available and one needs to enter it is permitted to open a door on [[Shabbat]] which has bells attached to it. It is preferable to remove the bells before [[Shabbat]]. <ref>39 Melachos (Rabbi Ribiat, vol 4, pg 1161), Shemirat [[Shabbat]] KeHilchata 23:54 </ref><br />
# It is permissible to use a object not designed for producing sound that are not rhythmic. For example, it's permissible to tap on a glass (cup) to get the audience's attention or knock on the door with a key. <ref>39 Melachos (Rabbi Ribiat, vol 4, pg 1160) </ref><br />
# One may set an alarm clock before [[Shabbat]] even though it will make noise on [[Shabbat]]. <ref>The [[Shabbos]] Home (Rabbi Simcha Cohen, vol 2, pg 537) and Sh"t Maharshag YD 1:7(2) permit. However, Sh"t Igrot Moshe 4:70(4) only permits if it is not heard outside his personal room. See Shemirat [[Shabbat]] KeHilchata 28:29 (and 28:30 in new edition) who permits before [[Shabbat]] setting a mechanical alarm clock that involves removing a pin (see there). </ref><br />
# After fulfilling the mitzvah of blowing (or listening) to the [[Shofar]] one may not blow the [[Shofar]] on [[Rosh Hashana]] for practice or amusement. The same restriction applies to [[Shabbat]] and [[Yom Tov]]. <ref>39 Melachos (Rabbi Ribiat, vol 4, pg 1162) </ref><br />
==Children==<br />
# Regarding children and noisemakers, see [[Games_on_Shabbat#Noisemakers|Games on Shabbat]]. <br />
==Singing==<br />
# It is permitted to sing or whistle (with one's mouth) on [[Shabbat]]. <ref> Rama 338:1 permits whistling. The Magen Avraham 338:2 explains that this is only referring to whistling which is not musical. However, Mishna Brurah 338:3 disagrees and says even if you whistle a song it is permissible because it is with the mouth. Shemirat [[Shabbat]] KeHilchata 16:2 and 39 Melachos (Rabbi Ribiat, vol 4, pg 1160) rule in accordance with the Mishna Brurah. </ref><br />
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==Sources==<br />
<references/><br />
[[Category:Shabbat]]</div>ChachamYhttps://halachipedia.com/index.php?title=Talk:Dancing_and_clapping_on_Shabbat&diff=14018Talk:Dancing and clapping on Shabbat2014-03-18T17:11:20Z<p>ChachamY: ChachamY moved page Talk:Dancing and clapping on Shabbat to Talk:Dancing and Clapping on Shabbat</p>
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<div>#REDIRECT [[Talk:Dancing and Clapping on Shabbat]]</div>ChachamYhttps://halachipedia.com/index.php?title=Talk:Dancing,_Clapping,_and_Making_Music_on_Shabbat&diff=14017Talk:Dancing, Clapping, and Making Music on Shabbat2014-03-18T17:11:20Z<p>ChachamY: ChachamY moved page Talk:Dancing and clapping on Shabbat to Talk:Dancing and Clapping on Shabbat</p>
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<div>Just created an account, and I noticed that the word "clapping" in the title should be capitalized, but I don't know how to edit titles. Anyone? [[User:IvduEsHashemB&#39;Simcha|IvduEsHashemB&#39;Simcha]] ([[User talk:IvduEsHashemB&#39;Simcha|talk]]) 19:18, 17 March 2014 (EDT)<br />
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To change the title - use the Move Page option in the dropdown menu. I got it. Yashar Koach!<br />
--[[User:ChachamY|ChachamY]] ([[User talk:ChachamY|talk]]) 13:10, 18 March 2014 (EDT)</div>ChachamYhttps://halachipedia.com/index.php?title=Dancing_and_clapping_on_Shabbat&diff=14016Dancing and clapping on Shabbat2014-03-18T17:11:20Z<p>ChachamY: ChachamY moved page Dancing and clapping on Shabbat to Dancing and Clapping on Shabbat</p>
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<div>#REDIRECT [[Dancing and Clapping on Shabbat]]</div>ChachamYhttps://halachipedia.com/index.php?title=Dancing,_Clapping,_and_Making_Music_on_Shabbat&diff=14015Dancing, Clapping, and Making Music on Shabbat2014-03-18T17:11:20Z<p>ChachamY: ChachamY moved page Dancing and clapping on Shabbat to Dancing and Clapping on Shabbat</p>
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==Dancing or Clapping==<br />
# It's forbidden to dance or clap on [[Shabbat]]. <br />
# There is a minhag to be lenient in these issues and one shouldn't protest those who are lenient. Many authorities say that one shouldn't rely on this minhag except in cases of mitzvah. <Ref> The Mishna in Beitzah 36b writes that it’s forbidden to clap or dance on [[Yom Tov]] or [[Shabbat]]. The Gemara (36b) explains that this is a rabbinic prohibition in order to prevent a person from coming to fix a musical instrument. Tosfot (Beitzah 30a s.v. Tenan) writes that the gezerah of Chazal only applied then when they were experts in fixing musical instrument but it wouldn’t apply to us since we’re not experts in that area. The Bet Yosef 339:3 writes that the implication of all the poskim who simply copy the prohibition of the Mishna is that they do not hold of the logic of Tosfot. The Shulchan Aruch 339:3 rules clearly that it’s forbidden to clap or dance on [[Shabbat]]. The Rama writes that the minhag is to be lenient based on the opinion of Tosfot that there’s no prohibition anymore of coming to fix a musical instrument. The implication of the Rama is that this minhag isn’t proper but it’s better not to inform people of the prohibition so that they only violate it unintentionally and not deliberately. The Mishna Brurah 339:10 writes that one shouldn’t rely on this minhag except in cases of mitzvah. This is also the opinion of the Shemirat [[Shabbat]] KeHilchata 16:43-4. Sh"t Igrot Moshe 2:100 writes that even though most rishonim forbid, since the rama quotes tosfot and that is the minhag there is what to rely on but a baal nefesh should be strict. 39 Melachos (Rabbi Ribiat, vol 4, pg 1160) writes that based on the Rama many people permit themselves to clap and drum their fingers while singing (and quotes Igrot Moshe in the footnote). </ref><br />
# For the honor of the Torah it's permissible to dance on [[Simchat Torah]]. <ref>39 Melachos (Rabbi Ribiat, vol 4, pg 1160) </ref><br />
==Rhythms or beats==<br />
# It is forbidden to play a musical instrument even if the sound produced isn't musical or rhythmic. <ref>39 Melachos (Rabbi Ribiat, vol 4, pg 1159) </ref>Examples of instruments included are whistles, rattles, bells, horns, and groggers. <ref>39 Melachos (Rabbi Ribiat, vol 4, pg 1161) </ref> <br />
# It's forbidden to make music (a rhythm) using any tool or even one's hand. <ref> However, making music is another prohibition codified in Shulchan Aruch 338:1 based on a different source altogether. The Gemara Eiruvin 104a has a dispute between Rav Menashe (and Ulla) who forbids any production of sound and Rava who only forbids making music (קול של שיר). The Bet Yosef 338:1 quotes the Rif and Rambam 23:4 who hold like Rava and infers from the Rosh 10:20 that he also holds like Rava. However, the Rosh and Tur 338:1 quote the Rabbanu Chananel who holds like Rav Menashe. The reason of Rava isn’t clear from the Gemara, Rashi, or Tosfot. However, the Rambam 23:4 writes that the reason of the prohibition is the same as in the Mishna in Beitzah, so that one doesn’t come to fix an instrument. The Magan Avraham 338:1 clearly understands like the Rambam as he even writes that really there is room for being lenient as the Rama writes in 339:3. This is also codified in Mishna Brurah 338:1. The Mishna Brurah adds that the prohibition is not limited to a musical instrument and also applies to one's hand. </ref><br />
# Therefore, one may not knock on a door with one’s fist in a rhythm. <ref>39 Melachos (Rabbi Ribiat, vol 4, pg 1160) based on Mishna Brurah 338:1 (see previous footnote for background). See Orchot [[Shabbat]] 2:21(21) who agrees with this. </ref><br />
# One may not use a door knocker to knock on the door as it is considered an instrument designated for making sound. <ref>Rama 338:1 writes that tone may not knock on the door with a knocker even though one doesn't intend to make music because the knocker is designated to make noise. 39 Melachos (Rabbi Ribiat, vol 4, pg 1161), Shemirat [[Shabbat]] KeHilchata 23:55, The [[Shabbos]] Home (Rabbi Simcha Cohen, vol 2, pg 535) quote this as halacha. Based on Beiur Halacha 338:1 s.v. Hoil, the [[Shabbos]] Home writes that in cases of great need one is permitted to use the door knocker. </ref><br />
# If there is no other entrance available and one needs to enter it is permitted to open a door on [[Shabbat]] which has bells attached to it. It is preferable to remove the bells before [[Shabbat]]. <ref>39 Melachos (Rabbi Ribiat, vol 4, pg 1161), Shemirat [[Shabbat]] KeHilchata 23:54 </ref><br />
# It is permissible to use a object not designed for producing sound that are not rhythmic. For example, it's permissible to tap on a glass (cup) to get the audience's attention or knock on the door with a key. <ref>39 Melachos (Rabbi Ribiat, vol 4, pg 1160) </ref><br />
# One may set an alarm clock before [[Shabbat]] even though it will make noise on [[Shabbat]]. <ref>The [[Shabbos]] Home (Rabbi Simcha Cohen, vol 2, pg 537) and Sh"t Maharshag YD 1:7(2) permit. However, Sh"t Igrot Moshe 4:70(4) only permits if it is not heard outside his personal room. See Shemirat [[Shabbat]] KeHilchata 28:29 (and 28:30 in new edition) who permits before [[Shabbat]] setting a mechanical alarm clock that involves removing a pin (see there). </ref><br />
# After fulfilling the mitzvah of blowing (or listening) to the [[Shofar]] one may not blow the [[Shofar]] on [[Rosh Hashana]] for practice or amusement. The same restriction applies to [[Shabbat]] and [[Yom Tov]]. <ref>39 Melachos (Rabbi Ribiat, vol 4, pg 1162) </ref><br />
==Children==<br />
# Regarding children and noisemakers, see [[Games_on_Shabbat#Noisemakers|Games on Shabbat]]. <br />
==Singing==<br />
# It is permitted to sing or whistle (with one's mouth) on [[Shabbat]]. <ref> Rama 338:1 permits whistling. The Magen Avraham 338:2 explains that this is only referring to whistling which is not musical. However, Mishna Brurah 338:3 disagrees and says even if you whistle a song it is permissible because it is with the mouth. Shemirat [[Shabbat]] KeHilchata 16:2 and 39 Melachos (Rabbi Ribiat, vol 4, pg 1160) rule in accordance with the Mishna Brurah. </ref><br />
<br />
==Sources==<br />
<references/><br />
[[Category:Shabbat]]</div>ChachamYhttps://halachipedia.com/index.php?title=Talk:Dancing,_Clapping,_and_Making_Music_on_Shabbat&diff=14014Talk:Dancing, Clapping, and Making Music on Shabbat2014-03-18T17:11:03Z<p>ChachamY: </p>
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<div>Just created an account, and I noticed that the word "clapping" in the title should be capitalized, but I don't know how to edit titles. Anyone? [[User:IvduEsHashemB&#39;Simcha|IvduEsHashemB&#39;Simcha]] ([[User talk:IvduEsHashemB&#39;Simcha|talk]]) 19:18, 17 March 2014 (EDT)<br />
<br />
<br />
To change the title - use the Move Page option in the dropdown menu. I got it. Yashar Koach!<br />
--[[User:ChachamY|ChachamY]] ([[User talk:ChachamY|talk]]) 13:10, 18 March 2014 (EDT)</div>ChachamYhttps://halachipedia.com/index.php?title=Talk:Dancing,_Clapping,_and_Making_Music_on_Shabbat&diff=14013Talk:Dancing, Clapping, and Making Music on Shabbat2014-03-18T17:10:46Z<p>ChachamY: </p>
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<div>Just created an account, and I noticed that the word "clapping" in the title should be capitalized, but I don't know how to edit titles. Anyone? [[User:IvduEsHashemB&#39;Simcha|IvduEsHashemB&#39;Simcha]] ([[User talk:IvduEsHashemB&#39;Simcha|talk]]) 19:18, 17 March 2014 (EDT)<br />
To change the title - use the Move Page option in the dropdown menu. I got it. Yashar Koach!<br />
--[[User:ChachamY|ChachamY]] ([[User talk:ChachamY|talk]]) 13:10, 18 March 2014 (EDT)</div>ChachamYhttps://halachipedia.com/index.php?title=Birchot_HaTorah&diff=13938Birchot HaTorah2014-03-14T22:35:32Z<p>ChachamY: /* Waking up in middle of the night */</p>
<hr />
<div>==Obligation==<br />
# One should be very careful about Birchot HaTorah to say them before learning. <Ref>S”A 47:1 </ref>The [[Brachot]] should be said with great Simcha (happiness) that we’re fortunate to be chosen and be privileged with the Torah. <ref>Mishna Brurah 47:4 </ref><br />
# Before one learns Torah one must make the following [[Brachot]] <ref> Ramban in Sefer HaMitzvot of the Rambam adds Birkat HaTorah as a Mitzvah Deoritta based on Gemara [[Brachot]] which learns these [[Brachot]] from the Pasuk “Ki Shem Hashem Ekrah Havu Godel LeElokenu”. See Ramban there and Minchat [[Chinuch]] 430:5 who classify these [[Brachot]] as [[Brachot]] of praise. Because of the dispute in the Rishonim whether these [[Brachot]] are Deoritta or Derabanan the rule of [[Safek Brachot LeHakel]] still applies. </ref>:<br />
## Baruch Atta Hashem…Asher Kidishanu BeMitzvotav … Divrei Torah <br />
## VeHaRev Nah Hashem Elokenu…Halomed Torah LeAmo Yisrael <ref> S"A 47:6 rules that the Bracha of HaRev Nah begins with the letter Vav to connect it to the last Bracha. The Rama writes that others hold that one should say it without a vav, it's better to say it with a vav. Magen Avraham 47:4 explains that the vav shows that the first and text [[brachot]] are really one long bracha, and the opinion that the Rama quotes who argues that there should be no vav holds that they are considered two separate [[brachot]]. Mishna Brurah 47:11 agrees.</ref><br />
## Baruch Atta Hashem…Asher Bachar Banu Mekol HaAmim…Baruch Atta Hashem Noten HaTorah <ref> S”A 47:5 </ref><br />
<br />
==The extent of the obligation==<br />
# One should be particularly careful about saying the Birchot HaTorah because they show one's appreciation of Hashem’s gift of Torah to the Jewish people. <ref> S”A 47:1. Gemara Nedarim 81a says because the Jews didn’t say Birchot HaTorah the fist Bet HaMikdash and [[Israel]] was destroyed. The Bach 57:1 explains that their intention was to learn Torah just to learn the knowledge and be arrogant in their wisdom. They didn’t internalize the holiness of Torah into their body and soul and this caused Hashem’s Shechina to be removed. </ref><br />
# Some hold Birchot HaTorah are a Biblical Mitzvah and some consider it a Rabbinic institution. <Ref>Mishna Brurah 47:1 </ref><br />
# Someone who was in doubt, preferably, one should hear someone else make the [[Brachot]] (and both the listening and the speaker should have intent to fulfill the obligation), otherwise one should have intent to fulfill the obligation with the Bracha of Ahavah Rabba or Ahavat Olam and learn right after [[Davening]]. If that’s not possible, according to Ashkenazim, one may make the Bracha of the Asher Bacher Banu. <Ref>Mishna Brurah 47:1 </ref> However, according to Sephardim, if one can't hear the bracha from someone else or have intent that one's bracha of Ahavat Olam fulfill one's obligation, one should not say the [[brachot]].<reF>Yalkut Yosef 47:2 writes that since there are some who hold [[brachot hatorah]] are derabbanan if one is in doubt one should not say the bracha based on the klal of [[safek brachot lehakel]].</ref><br />
# One has to make Birchot HaTorah for any learning including Torah, midrash, Mishna, and Gemara. <ref> [[Brachot]] 11b, S”A 47:2, Yalkut Yosef 47:2 </ref><br />
# Women are also obligated in making the Birchot HaTorah. <ref> S”A 47:14, Magan Avraham 47:17 explains that it’s because women have to learn the Halachot relevant to them. Minchat [[Chinuch]] 430:5 says that women can make these [[Brachot]] because it’s a praise of Hashem for giving us the Torah. The Gra 47:18 argues that women shouldn’t have to make the [[Brachot]] because they’re exempt from Torah learning. However he allows women to make the [[Brachot]] like any other mitzvah from which women are exempt, Ashkenazic custom is to allow them to make a bracha. </ref><br />
<br />
==What type of learning requires Birchot HaTorah?==<br />
# Writing Torah even without reading, if one understands what he’s reading, it is considered learning for which you have to make Birchot HaTorah. <ref> S”A 47:3 based on Avudraham pg 32. Magan Avraham 47:1 adds that one has to understand what he’s writing to be considered learning, but just copying over text isn’t learning. This is also the opinion of Buir Heitev 47:2 </ref><br />
# According to Ashkenazim, because of a dispute one should not think Torah before making Birchot HaTorah, however it’s permissible to do a Mitzvah even though it’ll cause one to thing about the laws of the Mitzvah. <ref>Mishna Brurah 47:7 because of the Gra who argues on S"A. </ref> However, according to Sephardim thinking words of Torah don't require Birchot HaTorah and so it's permissible to think Torah before Birchat HaTorah. <ref> S”A 47:4 based on [[Shabbat]] 151a, Agur 2, and Tosfot 20b s.v. VeRav Chisda. This is also the opinion of Yalkut Yosef (vol 3 pg 81) that it's permissible to think Torah before Birchat HaTorah. </ref><br />
# Hearing a speech of Divrei Torah from a person or a electronic device requires the [[Brachot]]. <ref> Yalkut Yosef 47:5 </ref><br />
# Looking into a Sefer Kodesh and only reading with one’s eyes, even without saying the words, requires [[Brachot]]. <ref> Yalkut Yosef 47:6 </ref><br />
# Telling someone a halacha without giving a reason is a dispute of the poskim and should be strict to say Torah [[Brachot]]. <ref> Rama on S”A 47:4 based on Ran ([[Shabbat]] 4b s.v. Makom, Avoda Zara 19b s.v. Tana) allows this because it’s just like thoughts of torah. However Yalkut Yosef 47:7 rules that because of a double doubt one should be strict to make [[Brachot]]. </ref><br />
# One who hears a berachah may answer [[Amen]] before reciting these [[berachot]]. One also may answer Kedushah before reciting these [[berachot]], even though the responses are themselves biblical verses. <ref> Sh"t Rivivot Ephraim 1:39:1 </ref> <br />
<br />
==The Text of the Brachot==<br />
# The first bracha Ashkenazim conclude with the words “LaAsoak BeDivrei Torah” and Sephardim conclude with the words “Al Divrei Torah" <ref> s.v. Maiy Mevarech) and Arizal (Shaar Kavonot Nusach Hatefilah) have the version of Sephardim- Al Divrei Torah. Rosh ([[Brachot]] 1:13) and Tur 47 have the version of the Ashkenazim of LaAsoak BeDivrei Torah. </ref> <br />
# The second bracha begins with VeHaRev with a Vav. Some Ashkenazim have the custom to say it without a Vav. <ref> S”A 47:6 based on Tosfot ([[Brachot]] 46a s.v. Kol, Ketubot 8a s.v. [[Shehakol]] in name of Rabbenu Tam), Rosh ([[Brachot]] 1:13), Rabbenu Yonah 5b s.v. Veha, Rashi 11b s.v. VeRabbi Yochanan, and Mordechai 31. Rama says that the practice is say it without a Vav but it’s better to say it without a vav to satisfy all opinions. This opinion is sourced in the Rambam (Tefilah 7:10, Rashba 11b s.v. VeRabbi Yochanan, Bal HaMor s.v. Maiym, and Avudraham pg 44. </ref><br />
# When saying Birchot HaTorah especially “VeNehiyeh Anachnu VeTzeTzeynu” on should pray for one’s children to be Talmidei Chachamim, Tzaddikim, and Baalei [[Middot]]. <Ref>Mishna Brurah 47:9, 10 </ref><br />
# The minhag is to say the Pesukim of [[Birkat Cohanim]] and the משניות of Elu Devarim after Birchot HaTorah. If one didn’t learn then, it’s a dispute whether one fulfilled one’s obligation and so one should have intent to fulfill one’s obligation with the Bracha of Ahava Rabba. <Ref>S”A 47:9-10, Mishna Brurah 47:19-20 </ref><br />
# There is a dispute whether the first bracha of Birchot HaTorah includes Haarev Nah or not. In light of this, there's a dispute whether one should answer [[Amen]] if one hears someone finish the bracha of LaAsok BeDivrei Torah, for Ashkenazim, or Al Divrei Torah, for Sephardim. Therefore, some advise saying this bracha quietly so that the listener won't be in doubt as to whether to answer [[Amen]]. <ref>Kitzur S"A 7:1</ref><br />
<br />
==Someone who forgot to make the Brachot==<br />
# The Bracha of Ahavat Olam (the second bracha of Birchot [[Kriyat Shema]]) exempts one’s obligation of Birchot HaTorah only if one learns immediately after Tefilah. <ref> S”A 47:7 based on [[Brachot]] 11b says that one can fulfill the [[Brachot]] with the Bracha before Shema. Mishna Brurah 47:15 in name of Levush says that one can finish tefilah and it’s not called an interruption. Beiur Halacha s.v. Im Lamad implies from the Or Zaruh that finishing tefilah is ok but talking would be an interruption. </ref><br />
# If one forgot if he said the Birchot HaTorah (and didn’t yet say Ahavat Olam), Sephardim shouldn’t make a bracha, but Ashkenazim can make the Asher Bachar Banu Bracha. <ref>Sephardim don’t make a bracha because it’s a safek [[Brachot]] lehakel since it’s a dispute in the rishonim if Birchot HaTorah is Deoritta (Ramban) or Derabanan (Rambam). This is also the opinion of (Yalkut Yosef Hilchot Pesukei Dezimrah 47:2 pg 60). Ashkenazim can make the Asher Bachar Banu bracha as the Mishna Brurah 47:1 says in the name of the Shagat Aryeh. </ref><br />
<br />
==How they are to be said==<br />
# The [[Brachot]] can be said standing or sitting. <ref> Yalkut Yosef 47:15 pg 94 </ref><br />
# Some say that one can interrupt between the [[Brachot]] and the learning, but it’s correct not to, and so the practice is the say the Parshat [[Birkat Cohanim]] right after the [[Brachot]]. <ref> S”A 47:9. Tosfot [[Brachot]] 11b s.v. Shkevar in name of the Ri, Rabbenu Yonah 5b, and Mordechai 31 hold an interruption isn’t a problem. Rambam (as understood by Bet Yosef) holds one can’t make an interruption. Magan Avraham 47:8 says that one can say these pesukim even before daylight unlike the Maharshal who says one doesn’t read pesukim of [[Birkat Cohanim]] at night. </ref><br />
# It is good to recite one's berachah out loud, to enable others to respond [[Amen]]. However, this is not an obligation. <ref> Sh"t Rivivot Ephraim 1:39:2 </ref> <br />
<br />
==Interruptions that would require new Brachot==<br />
# One who stops from his learning with working, bathing, or sleeping, isn’t an interruption for his learning and he doesn’t make new [[Brachot]]. <ref> S”A 47:10. See Tosfot [[Brachot]] 11b. </ref><br />
<br />
==Sleeping during the day==<br />
# If one slept during the day for a long period of time one does not make Birchot HaTorah again upon [[waking up]]. Even though there is what to rely on to one to make the [[Brachot]], the Minhag HaOlam is not to make the [[Brachot]], and one should instead hear them from someone who is obligated to make them (both must have kavana, and after the Bracha, both learn some pesukim such as Parshat [[Birkat Cohanim]]). <Ref> S”A 47:11 quotes those who say that a fixed sleep during the day is a [[hefsek]], and then quotes those who say that it isn't a [[hefsek]]; the minhag follows the latter view. However, Eliyah Rabba 47:9 quotes many poskim who say that one should make a Beracha and agrees with them; Mishna Brurah 47:25 quotes many main acharonim who say to make a Birchas HaTorah, and concludes that one who does doesn't lose out. However, many contemporary poskim including Piskei Teshuvot 47:14, Halichos Shlomo [[Tefilla]] 6:6, Rivevos Ephraim 8:609:1, Ishei Yisrael 6:25, Karna Deigrata 1:133, Halachically Speaking (vol 3, article 1, pg 5), and Piskei Teshuvot 47:14 write that the minhag is not to make any Birchot HaTorah for sleeping in the day. </ref><br />
<br />
==Nighttime==<br />
# The night goes after the day with regards to Birkas HaTorah; therefore, one doesn't make a new Birkas HaTorah when night begins. However, if one goes to sleep at night, one will need to make a new Birkas HaTorah when one wakes up.<ref> Shulchan Aruch 47:12, M"B S.K. 28 </ref>.<br />
# If one woke up before [[Olot HaShachar]] (after [[Chatzot]]) and wants to learn, one should make Birchot HaTorah even if one will go to sleep afterwards. If one does go back to sleep Shinat Kevah during the night, there’s what to rely on to make Birchot HaTorah a second time. <Ref> Mishna Brurah 47:29,30 </ref><br />
#Someone who wakes up early in the morning before dawn can make all the [[Brachot]] ([[Brachot HaShachar]] and Birchot HaTorah) except Hanoten LeSachvi Binah and Parshat HaTamid which should wait until Or hayom. The Birchot HaTorah then covers his [[Brachot]] all day. <ref> S”A 47:13 </ref><br />
# If one didn't sleep all night, such as on the night of [[Shavuot]], there's a dispute whether one should make Birchot HaTorah. According to Ashkenazim, one should try to hear the [[Brachot]] from someone else, and then say some pesukim afterwards. If one is unable to do that, one should have intent that one's Bracha of Ahava Rabba should count for Birchot HaTorah, and then learn after [[Tefillah]].<ref>Mishna Brurah 47:28, Rabbi Hershel Schachter (cited by Bet Yitzchak vol 30, p. 592). The side that says one should say it views Birchas HaTorah as similar to other Birchos Hashachar, which are said every morning, regardless of whether one slept or not. </ref>However, the Sephardic minhag is to say Birchot HaTorah by oneself.<ref>Chazon Ovadyah ([[Yom Tov]] p. 312)</ref><br />
# If one slept Shinat Kevah the day before staying up all night, one should make the Birchot HaTorah in the morning after one didn’t sleep. <Ref> Mishna Brurah 47:28 in name of Rabbi Akiva Eiger </ref><br />
==Waking up in middle of the night==<br />
# See the [[Waking_up_in_the_middle_of_the_night]] page.<br />
<br />
==Sources==<br />
<references/><br />
[[Category:Brachot]]<br />
[[Category:Learning Torah]]<br />
[[Category:Prayer]]</div>ChachamYhttps://halachipedia.com/index.php?title=Birchot_HaTorah&diff=13937Birchot HaTorah2014-03-14T22:34:34Z<p>ChachamY: </p>
<hr />
<div>==Obligation==<br />
# One should be very careful about Birchot HaTorah to say them before learning. <Ref>S”A 47:1 </ref>The [[Brachot]] should be said with great Simcha (happiness) that we’re fortunate to be chosen and be privileged with the Torah. <ref>Mishna Brurah 47:4 </ref><br />
# Before one learns Torah one must make the following [[Brachot]] <ref> Ramban in Sefer HaMitzvot of the Rambam adds Birkat HaTorah as a Mitzvah Deoritta based on Gemara [[Brachot]] which learns these [[Brachot]] from the Pasuk “Ki Shem Hashem Ekrah Havu Godel LeElokenu”. See Ramban there and Minchat [[Chinuch]] 430:5 who classify these [[Brachot]] as [[Brachot]] of praise. Because of the dispute in the Rishonim whether these [[Brachot]] are Deoritta or Derabanan the rule of [[Safek Brachot LeHakel]] still applies. </ref>:<br />
## Baruch Atta Hashem…Asher Kidishanu BeMitzvotav … Divrei Torah <br />
## VeHaRev Nah Hashem Elokenu…Halomed Torah LeAmo Yisrael <ref> S"A 47:6 rules that the Bracha of HaRev Nah begins with the letter Vav to connect it to the last Bracha. The Rama writes that others hold that one should say it without a vav, it's better to say it with a vav. Magen Avraham 47:4 explains that the vav shows that the first and text [[brachot]] are really one long bracha, and the opinion that the Rama quotes who argues that there should be no vav holds that they are considered two separate [[brachot]]. Mishna Brurah 47:11 agrees.</ref><br />
## Baruch Atta Hashem…Asher Bachar Banu Mekol HaAmim…Baruch Atta Hashem Noten HaTorah <ref> S”A 47:5 </ref><br />
<br />
==The extent of the obligation==<br />
# One should be particularly careful about saying the Birchot HaTorah because they show one's appreciation of Hashem’s gift of Torah to the Jewish people. <ref> S”A 47:1. Gemara Nedarim 81a says because the Jews didn’t say Birchot HaTorah the fist Bet HaMikdash and [[Israel]] was destroyed. The Bach 57:1 explains that their intention was to learn Torah just to learn the knowledge and be arrogant in their wisdom. They didn’t internalize the holiness of Torah into their body and soul and this caused Hashem’s Shechina to be removed. </ref><br />
# Some hold Birchot HaTorah are a Biblical Mitzvah and some consider it a Rabbinic institution. <Ref>Mishna Brurah 47:1 </ref><br />
# Someone who was in doubt, preferably, one should hear someone else make the [[Brachot]] (and both the listening and the speaker should have intent to fulfill the obligation), otherwise one should have intent to fulfill the obligation with the Bracha of Ahavah Rabba or Ahavat Olam and learn right after [[Davening]]. If that’s not possible, according to Ashkenazim, one may make the Bracha of the Asher Bacher Banu. <Ref>Mishna Brurah 47:1 </ref> However, according to Sephardim, if one can't hear the bracha from someone else or have intent that one's bracha of Ahavat Olam fulfill one's obligation, one should not say the [[brachot]].<reF>Yalkut Yosef 47:2 writes that since there are some who hold [[brachot hatorah]] are derabbanan if one is in doubt one should not say the bracha based on the klal of [[safek brachot lehakel]].</ref><br />
# One has to make Birchot HaTorah for any learning including Torah, midrash, Mishna, and Gemara. <ref> [[Brachot]] 11b, S”A 47:2, Yalkut Yosef 47:2 </ref><br />
# Women are also obligated in making the Birchot HaTorah. <ref> S”A 47:14, Magan Avraham 47:17 explains that it’s because women have to learn the Halachot relevant to them. Minchat [[Chinuch]] 430:5 says that women can make these [[Brachot]] because it’s a praise of Hashem for giving us the Torah. The Gra 47:18 argues that women shouldn’t have to make the [[Brachot]] because they’re exempt from Torah learning. However he allows women to make the [[Brachot]] like any other mitzvah from which women are exempt, Ashkenazic custom is to allow them to make a bracha. </ref><br />
<br />
==What type of learning requires Birchot HaTorah?==<br />
# Writing Torah even without reading, if one understands what he’s reading, it is considered learning for which you have to make Birchot HaTorah. <ref> S”A 47:3 based on Avudraham pg 32. Magan Avraham 47:1 adds that one has to understand what he’s writing to be considered learning, but just copying over text isn’t learning. This is also the opinion of Buir Heitev 47:2 </ref><br />
# According to Ashkenazim, because of a dispute one should not think Torah before making Birchot HaTorah, however it’s permissible to do a Mitzvah even though it’ll cause one to thing about the laws of the Mitzvah. <ref>Mishna Brurah 47:7 because of the Gra who argues on S"A. </ref> However, according to Sephardim thinking words of Torah don't require Birchot HaTorah and so it's permissible to think Torah before Birchat HaTorah. <ref> S”A 47:4 based on [[Shabbat]] 151a, Agur 2, and Tosfot 20b s.v. VeRav Chisda. This is also the opinion of Yalkut Yosef (vol 3 pg 81) that it's permissible to think Torah before Birchat HaTorah. </ref><br />
# Hearing a speech of Divrei Torah from a person or a electronic device requires the [[Brachot]]. <ref> Yalkut Yosef 47:5 </ref><br />
# Looking into a Sefer Kodesh and only reading with one’s eyes, even without saying the words, requires [[Brachot]]. <ref> Yalkut Yosef 47:6 </ref><br />
# Telling someone a halacha without giving a reason is a dispute of the poskim and should be strict to say Torah [[Brachot]]. <ref> Rama on S”A 47:4 based on Ran ([[Shabbat]] 4b s.v. Makom, Avoda Zara 19b s.v. Tana) allows this because it’s just like thoughts of torah. However Yalkut Yosef 47:7 rules that because of a double doubt one should be strict to make [[Brachot]]. </ref><br />
# One who hears a berachah may answer [[Amen]] before reciting these [[berachot]]. One also may answer Kedushah before reciting these [[berachot]], even though the responses are themselves biblical verses. <ref> Sh"t Rivivot Ephraim 1:39:1 </ref> <br />
<br />
==The Text of the Brachot==<br />
# The first bracha Ashkenazim conclude with the words “LaAsoak BeDivrei Torah” and Sephardim conclude with the words “Al Divrei Torah" <ref> s.v. Maiy Mevarech) and Arizal (Shaar Kavonot Nusach Hatefilah) have the version of Sephardim- Al Divrei Torah. Rosh ([[Brachot]] 1:13) and Tur 47 have the version of the Ashkenazim of LaAsoak BeDivrei Torah. </ref> <br />
# The second bracha begins with VeHaRev with a Vav. Some Ashkenazim have the custom to say it without a Vav. <ref> S”A 47:6 based on Tosfot ([[Brachot]] 46a s.v. Kol, Ketubot 8a s.v. [[Shehakol]] in name of Rabbenu Tam), Rosh ([[Brachot]] 1:13), Rabbenu Yonah 5b s.v. Veha, Rashi 11b s.v. VeRabbi Yochanan, and Mordechai 31. Rama says that the practice is say it without a Vav but it’s better to say it without a vav to satisfy all opinions. This opinion is sourced in the Rambam (Tefilah 7:10, Rashba 11b s.v. VeRabbi Yochanan, Bal HaMor s.v. Maiym, and Avudraham pg 44. </ref><br />
# When saying Birchot HaTorah especially “VeNehiyeh Anachnu VeTzeTzeynu” on should pray for one’s children to be Talmidei Chachamim, Tzaddikim, and Baalei [[Middot]]. <Ref>Mishna Brurah 47:9, 10 </ref><br />
# The minhag is to say the Pesukim of [[Birkat Cohanim]] and the משניות of Elu Devarim after Birchot HaTorah. If one didn’t learn then, it’s a dispute whether one fulfilled one’s obligation and so one should have intent to fulfill one’s obligation with the Bracha of Ahava Rabba. <Ref>S”A 47:9-10, Mishna Brurah 47:19-20 </ref><br />
# There is a dispute whether the first bracha of Birchot HaTorah includes Haarev Nah or not. In light of this, there's a dispute whether one should answer [[Amen]] if one hears someone finish the bracha of LaAsok BeDivrei Torah, for Ashkenazim, or Al Divrei Torah, for Sephardim. Therefore, some advise saying this bracha quietly so that the listener won't be in doubt as to whether to answer [[Amen]]. <ref>Kitzur S"A 7:1</ref><br />
<br />
==Someone who forgot to make the Brachot==<br />
# The Bracha of Ahavat Olam (the second bracha of Birchot [[Kriyat Shema]]) exempts one’s obligation of Birchot HaTorah only if one learns immediately after Tefilah. <ref> S”A 47:7 based on [[Brachot]] 11b says that one can fulfill the [[Brachot]] with the Bracha before Shema. Mishna Brurah 47:15 in name of Levush says that one can finish tefilah and it’s not called an interruption. Beiur Halacha s.v. Im Lamad implies from the Or Zaruh that finishing tefilah is ok but talking would be an interruption. </ref><br />
# If one forgot if he said the Birchot HaTorah (and didn’t yet say Ahavat Olam), Sephardim shouldn’t make a bracha, but Ashkenazim can make the Asher Bachar Banu Bracha. <ref>Sephardim don’t make a bracha because it’s a safek [[Brachot]] lehakel since it’s a dispute in the rishonim if Birchot HaTorah is Deoritta (Ramban) or Derabanan (Rambam). This is also the opinion of (Yalkut Yosef Hilchot Pesukei Dezimrah 47:2 pg 60). Ashkenazim can make the Asher Bachar Banu bracha as the Mishna Brurah 47:1 says in the name of the Shagat Aryeh. </ref><br />
<br />
==How they are to be said==<br />
# The [[Brachot]] can be said standing or sitting. <ref> Yalkut Yosef 47:15 pg 94 </ref><br />
# Some say that one can interrupt between the [[Brachot]] and the learning, but it’s correct not to, and so the practice is the say the Parshat [[Birkat Cohanim]] right after the [[Brachot]]. <ref> S”A 47:9. Tosfot [[Brachot]] 11b s.v. Shkevar in name of the Ri, Rabbenu Yonah 5b, and Mordechai 31 hold an interruption isn’t a problem. Rambam (as understood by Bet Yosef) holds one can’t make an interruption. Magan Avraham 47:8 says that one can say these pesukim even before daylight unlike the Maharshal who says one doesn’t read pesukim of [[Birkat Cohanim]] at night. </ref><br />
# It is good to recite one's berachah out loud, to enable others to respond [[Amen]]. However, this is not an obligation. <ref> Sh"t Rivivot Ephraim 1:39:2 </ref> <br />
<br />
==Interruptions that would require new Brachot==<br />
# One who stops from his learning with working, bathing, or sleeping, isn’t an interruption for his learning and he doesn’t make new [[Brachot]]. <ref> S”A 47:10. See Tosfot [[Brachot]] 11b. </ref><br />
<br />
==Sleeping during the day==<br />
# If one slept during the day for a long period of time one does not make Birchot HaTorah again upon [[waking up]]. Even though there is what to rely on to one to make the [[Brachot]], the Minhag HaOlam is not to make the [[Brachot]], and one should instead hear them from someone who is obligated to make them (both must have kavana, and after the Bracha, both learn some pesukim such as Parshat [[Birkat Cohanim]]). <Ref> S”A 47:11 quotes those who say that a fixed sleep during the day is a [[hefsek]], and then quotes those who say that it isn't a [[hefsek]]; the minhag follows the latter view. However, Eliyah Rabba 47:9 quotes many poskim who say that one should make a Beracha and agrees with them; Mishna Brurah 47:25 quotes many main acharonim who say to make a Birchas HaTorah, and concludes that one who does doesn't lose out. However, many contemporary poskim including Piskei Teshuvot 47:14, Halichos Shlomo [[Tefilla]] 6:6, Rivevos Ephraim 8:609:1, Ishei Yisrael 6:25, Karna Deigrata 1:133, Halachically Speaking (vol 3, article 1, pg 5), and Piskei Teshuvot 47:14 write that the minhag is not to make any Birchot HaTorah for sleeping in the day. </ref><br />
<br />
==Nighttime==<br />
# The night goes after the day with regards to Birkas HaTorah; therefore, one doesn't make a new Birkas HaTorah when night begins. However, if one goes to sleep at night, one will need to make a new Birkas HaTorah when one wakes up.<ref> Shulchan Aruch 47:12, M"B S.K. 28 </ref>.<br />
# If one woke up before [[Olot HaShachar]] (after [[Chatzot]]) and wants to learn, one should make Birchot HaTorah even if one will go to sleep afterwards. If one does go back to sleep Shinat Kevah during the night, there’s what to rely on to make Birchot HaTorah a second time. <Ref> Mishna Brurah 47:29,30 </ref><br />
#Someone who wakes up early in the morning before dawn can make all the [[Brachot]] ([[Brachot HaShachar]] and Birchot HaTorah) except Hanoten LeSachvi Binah and Parshat HaTamid which should wait until Or hayom. The Birchot HaTorah then covers his [[Brachot]] all day. <ref> S”A 47:13 </ref><br />
# If one didn't sleep all night, such as on the night of [[Shavuot]], there's a dispute whether one should make Birchot HaTorah. According to Ashkenazim, one should try to hear the [[Brachot]] from someone else, and then say some pesukim afterwards. If one is unable to do that, one should have intent that one's Bracha of Ahava Rabba should count for Birchot HaTorah, and then learn after [[Tefillah]].<ref>Mishna Brurah 47:28, Rabbi Hershel Schachter (cited by Bet Yitzchak vol 30, p. 592). The side that says one should say it views Birchas HaTorah as similar to other Birchos Hashachar, which are said every morning, regardless of whether one slept or not. </ref>However, the Sephardic minhag is to say Birchot HaTorah by oneself.<ref>Chazon Ovadyah ([[Yom Tov]] p. 312)</ref><br />
# If one slept Shinat Kevah the day before staying up all night, one should make the Birchot HaTorah in the morning after one didn’t sleep. <Ref> Mishna Brurah 47:28 in name of Rabbi Akiva Eiger </ref><br />
==Waking up in middle of the night==<br />
# See the [[Waking up in middle of the night]] page.<br />
<br />
==Sources==<br />
<references/><br />
[[Category:Brachot]]<br />
[[Category:Learning Torah]]<br />
[[Category:Prayer]]</div>ChachamYhttps://halachipedia.com/index.php?title=Birchot_HaTorah&diff=13936Birchot HaTorah2014-03-14T20:46:37Z<p>ChachamY: </p>
<hr />
<div>==Obligation==<br />
# One should be very careful about Birchot HaTorah to say them before learning. <Ref>S”A 47:1 </ref>The [[Brachot]] should be said with great Simcha (happiness) that we’re fortunate to be chosen and be privileged with the Torah. <ref>Mishna Brurah 47:4 </ref><br />
# Before one learns Torah one must make the following [[Brachot]] <ref> Ramban in Sefer HaMitzvot of the Rambam adds Birkat HaTorah as a Mitzvah Deoritta based on Gemara [[Brachot]] which learns these [[Brachot]] from the Pasuk “Ki Shem Hashem Ekrah Havu Godel LeElokenu”. See Ramban there and Minchat [[Chinuch]] 430:5 who classify these [[Brachot]] as [[Brachot]] of praise. Because of the dispute in the Rishonim whether these [[Brachot]] are Deoritta or Derabanan the rule of [[Safek Brachot LeHakel]] still applies. </ref>:<br />
## Baruch Atta Hashem…Asher Kidishanu BeMitzvotav … Divrei Torah <br />
## VeHaRev Nah Hashem Elokenu…Halomed Torah LeAmo Yisrael <ref> S"A 47:6 rules that the Bracha of HaRev Nah begins with the letter Vav to connect it to the last Bracha. The Rama writes that others hold that one should say it without a vav, it's better to say it with a vav. Magen Avraham 47:4 explains that the vav shows that the first and text [[brachot]] are really one long bracha, and the opinion that the Rama quotes who argues that there should be no vav holds that they are considered two separate [[brachot]]. Mishna Brurah 47:11 agrees.</ref><br />
## Baruch Atta Hashem…Asher Bachar Banu Mekol HaAmim…Baruch Atta Hashem Noten HaTorah <ref> S”A 47:5 </ref><br />
<br />
==The extent of the obligation==<br />
# One should be particularly careful about saying the Birchot HaTorah because they show one's appreciation of Hashem’s gift of Torah to the Jewish people. <ref> S”A 47:1. Gemara Nedarim 81a says because the Jews didn’t say Birchot HaTorah the fist Bet HaMikdash and [[Israel]] was destroyed. The Bach 57:1 explains that their intention was to learn Torah just to learn the knowledge and be arrogant in their wisdom. They didn’t internalize the holiness of Torah into their body and soul and this caused Hashem’s Shechina to be removed. </ref><br />
# Some hold Birchot HaTorah are a Biblical Mitzvah and some consider it a Rabbinic institution. <Ref>Mishna Brurah 47:1 </ref><br />
# Someone who was in doubt, preferably, one should hear someone else make the [[Brachot]] (and both the listening and the speaker should have intent to fulfill the obligation), otherwise one should have intent to fulfill the obligation with the Bracha of Ahavah Rabba or Ahavat Olam and learn right after [[Davening]]. If that’s not possible, according to Ashkenazim, one may make the Bracha of the Asher Bacher Banu. <Ref>Mishna Brurah 47:1 </ref> However, according to Sephardim, if one can't hear the bracha from someone else or have intent that one's bracha of Ahavat Olam fulfill one's obligation, one should not say the [[brachot]].<reF>Yalkut Yosef 47:2 writes that since there are some who hold [[brachot hatorah]] are derabbanan if one is in doubt one should not say the bracha based on the klal of [[safek brachot lehakel]].</ref><br />
# One has to make Birchot HaTorah for any learning including Torah, midrash, Mishna, and Gemara. <ref> [[Brachot]] 11b, S”A 47:2, Yalkut Yosef 47:2 </ref><br />
# Women are also obligated in making the Birchot HaTorah. <ref> S”A 47:14, Magan Avraham 47:17 explains that it’s because women have to learn the Halachot relevant to them. Minchat [[Chinuch]] 430:5 says that women can make these [[Brachot]] because it’s a praise of Hashem for giving us the Torah. The Gra 47:18 argues that women shouldn’t have to make the [[Brachot]] because they’re exempt from Torah learning. However he allows women to make the [[Brachot]] like any other mitzvah from which women are exempt, Ashkenazic custom is to allow them to make a bracha. </ref><br />
<br />
==What type of learning requires Birchot HaTorah?==<br />
# Writing Torah even without reading, if one understands what he’s reading, it is considered learning for which you have to make Birchot HaTorah. <ref> S”A 47:3 based on Avudraham pg 32. Magan Avraham 47:1 adds that one has to understand what he’s writing to be considered learning, but just copying over text isn’t learning. This is also the opinion of Buir Heitev 47:2 </ref><br />
# According to Ashkenazim, because of a dispute one should not think Torah before making Birchot HaTorah, however it’s permissible to do a Mitzvah even though it’ll cause one to thing about the laws of the Mitzvah. <ref>Mishna Brurah 47:7 because of the Gra who argues on S"A. </ref> However, according to Sephardim thinking words of Torah don't require Birchot HaTorah and so it's permissible to think Torah before Birchat HaTorah. <ref> S”A 47:4 based on [[Shabbat]] 151a, Agur 2, and Tosfot 20b s.v. VeRav Chisda. This is also the opinion of Yalkut Yosef (vol 3 pg 81) that it's permissible to think Torah before Birchat HaTorah. </ref><br />
# Hearing a speech of Divrei Torah from a person or a electronic device requires the [[Brachot]]. <ref> Yalkut Yosef 47:5 </ref><br />
# Looking into a Sefer Kodesh and only reading with one’s eyes, even without saying the words, requires [[Brachot]]. <ref> Yalkut Yosef 47:6 </ref><br />
# Telling someone a halacha without giving a reason is a dispute of the poskim and should be strict to say Torah [[Brachot]]. <ref> Rama on S”A 47:4 based on Ran ([[Shabbat]] 4b s.v. Makom, Avoda Zara 19b s.v. Tana) allows this because it’s just like thoughts of torah. However Yalkut Yosef 47:7 rules that because of a double doubt one should be strict to make [[Brachot]]. </ref><br />
# One who hears a berachah may answer [[Amen]] before reciting these [[berachot]]. One also may answer Kedushah before reciting these [[berachot]], even though the responses are themselves biblical verses. <ref> Sh"t Rivivot Ephraim 1:39:1 </ref> <br />
<br />
==The Text of the Brachot==<br />
# The first bracha Ashkenazim conclude with the words “LaAsoak BeDivrei Torah” and Sephardim conclude with the words “Al Divrei Torah" <ref> s.v. Maiy Mevarech) and Arizal (Shaar Kavonot Nusach Hatefilah) have the version of Sephardim- Al Divrei Torah. Rosh ([[Brachot]] 1:13) and Tur 47 have the version of the Ashkenazim of LaAsoak BeDivrei Torah. </ref> <br />
# The second bracha begins with VeHaRev with a Vav. Some Ashkenazim have the custom to say it without a Vav. <ref> S”A 47:6 based on Tosfot ([[Brachot]] 46a s.v. Kol, Ketubot 8a s.v. [[Shehakol]] in name of Rabbenu Tam), Rosh ([[Brachot]] 1:13), Rabbenu Yonah 5b s.v. Veha, Rashi 11b s.v. VeRabbi Yochanan, and Mordechai 31. Rama says that the practice is say it without a Vav but it’s better to say it without a vav to satisfy all opinions. This opinion is sourced in the Rambam (Tefilah 7:10, Rashba 11b s.v. VeRabbi Yochanan, Bal HaMor s.v. Maiym, and Avudraham pg 44. </ref><br />
# When saying Birchot HaTorah especially “VeNehiyeh Anachnu VeTzeTzeynu” on should pray for one’s children to be Talmidei Chachamim, Tzaddikim, and Baalei [[Middot]]. <Ref>Mishna Brurah 47:9, 10 </ref><br />
# The minhag is to say the Pesukim of [[Birkat Cohanim]] and the משניות of Elu Devarim after Birchot HaTorah. If one didn’t learn then, it’s a dispute whether one fulfilled one’s obligation and so one should have intent to fulfill one’s obligation with the Bracha of Ahava Rabba. <Ref>S”A 47:9-10, Mishna Brurah 47:19-20 </ref><br />
# There is a dispute whether the first bracha of Birchot HaTorah includes Haarev Nah or not. In light of this, there's a dispute whether one should answer [[Amen]] if one hears someone finish the bracha of LaAsok BeDivrei Torah, for Ashkenazim, or Al Divrei Torah, for Sephardim. Therefore, some advise saying this bracha quietly so that the listener won't be in doubt as to whether to answer [[Amen]]. <ref>Kitzur S"A 7:1</ref><br />
<br />
==Someone who forgot to make the Brachot==<br />
# The Bracha of Ahavat Olam (the second bracha of Birchot [[Kriyat Shema]]) exempts one’s obligation of Birchot HaTorah only if one learns immediately after Tefilah. <ref> S”A 47:7 based on [[Brachot]] 11b says that one can fulfill the [[Brachot]] with the Bracha before Shema. Mishna Brurah 47:15 in name of Levush says that one can finish tefilah and it’s not called an interruption. Beiur Halacha s.v. Im Lamad implies from the Or Zaruh that finishing tefilah is ok but talking would be an interruption. </ref><br />
# If one forgot if he said the Birchot HaTorah (and didn’t yet say Ahavat Olam), Sephardim shouldn’t make a bracha, but Ashkenazim can make the Asher Bachar Banu Bracha. <ref>Sephardim don’t make a bracha because it’s a safek [[Brachot]] lehakel since it’s a dispute in the rishonim if Birchot HaTorah is Deoritta (Ramban) or Derabanan (Rambam). This is also the opinion of (Yalkut Yosef Hilchot Pesukei Dezimrah 47:2 pg 60). Ashkenazim can make the Asher Bachar Banu bracha as the Mishna Brurah 47:1 says in the name of the Shagat Aryeh. </ref><br />
<br />
==How they are to be said==<br />
# The [[Brachot]] can be said standing or sitting. <ref> Yalkut Yosef 47:15 pg 94 </ref><br />
# Some say that one can interrupt between the [[Brachot]] and the learning, but it’s correct not to, and so the practice is the say the Parshat [[Birkat Cohanim]] right after the [[Brachot]]. <ref> S”A 47:9. Tosfot [[Brachot]] 11b s.v. Shkevar in name of the Ri, Rabbenu Yonah 5b, and Mordechai 31 hold an interruption isn’t a problem. Rambam (as understood by Bet Yosef) holds one can’t make an interruption. Magan Avraham 47:8 says that one can say these pesukim even before daylight unlike the Maharshal who says one doesn’t read pesukim of [[Birkat Cohanim]] at night. </ref><br />
# It is good to recite one's berachah out loud, to enable others to respond [[Amen]]. However, this is not an obligation. <ref> Sh"t Rivivot Ephraim 1:39:2 </ref> <br />
<br />
==Interruptions that would require new Brachot==<br />
# One who stops from his learning with working, bathing, or sleeping, isn’t an interruption for his learning and he doesn’t make new [[Brachot]]. <ref> S”A 47:10. See Tosfot [[Brachot]] 11b. </ref><br />
<br />
==Sleeping during the day==<br />
# If one slept during the day for a long period of time one does not make Birchot HaTorah again upon [[waking up]]. Even though there is what to rely on to one to make the [[Brachot]], the Minhag HaOlam is not to make the [[Brachot]], and one should instead hear them from someone who is obligated to make them (both must have kavana, and after the Bracha, both learn some pesukim such as Parshat [[Birkat Cohanim]]). <Ref> S”A 47:11 quotes those who say that a fixed sleep during the day is a [[hefsek]], and then quotes those who say that it isn't a [[hefsek]]; the minhag follows the latter view. However, Eliyah Rabba 47:9 quotes many poskim who say that one should make a Beracha and agrees with them; Mishna Brurah 47:25 quotes many main acharonim who say to make a Birchas HaTorah, and concludes that one who does doesn't lose out. However, many contemporary poskim including Piskei Teshuvot 47:14, Halichos Shlomo [[Tefilla]] 6:6, Rivevos Ephraim 8:609:1, Ishei Yisrael 6:25, Karna Deigrata 1:133, Halachically Speaking (vol 3, article 1, pg 5), and Piskei Teshuvot 47:14 write that the minhag is not to make any Birchot HaTorah for sleeping in the day. </ref><br />
<br />
==Nighttime==<br />
# The night goes after the day with regards to Birkas HaTorah; therefore, one doesn't make a new Birkas HaTorah when night begins. However, if one goes to sleep at night, one will need to make a new Birkas HaTorah when one wakes up.<ref> Shulchan Aruch 47:12, M"B S.K. 28 </ref>.<br />
# If one woke up before [[Olot HaShachar]] (after [[Chatzot]]) and wants to learn, one should make Birchot HaTorah even if one will go to sleep afterwards. If one does go back to sleep Shinat Kevah during the night, there’s what to rely on to make Birchot HaTorah a second time. <Ref> Mishna Brurah 47:29,30 </ref><br />
#Someone who wakes up early in the morning before dawn can make all the [[Brachot]] ([[Brachot HaShachar]] and Birchot HaTorah) except Hanoten LeSachvi Binah and Parshat HaTamid which should wait until Or hayom. The Birchot HaTorah then covers his [[Brachot]] all day. <ref> S”A 47:13 </ref><br />
# If one didn't sleep all night, such as on the night of [[Shavuot]], there's a dispute whether one should make Birchot HaTorah. According to Ashkenazim, one should try to hear the [[Brachot]] from someone else, and then say some pesukim afterwards. If one is unable to do that, one should have intent that one's Bracha of Ahava Rabba should count for Birchot HaTorah, and then learn after [[Tefillah]].<ref>Mishna Brurah 47:28, Rabbi Hershel Schachter (cited by Bet Yitzchak vol 30, p. 592). The side that says one should say it views Birchas HaTorah as similar to other Birchos Hashachar, which are said every morning, regardless of whether one slept or not. </ref>However, the Sephardic minhag is to say Birchot HaTorah by oneself.<ref>Chazon Ovadyah ([[Yom Tov]] p. 312)</ref><br />
# If one slept Shinat Kevah the day before staying up all night, one should make the Birchot HaTorah in the morning after one didn’t sleep. <Ref> Mishna Brurah 47:28 in name of Rabbi Akiva Eiger </ref><br />
==Waking up in middle of the night==<br />
<br />
<br />
<br />
<br />
<br />
==Sources==<br />
<references/><br />
[[Category:Brachot]]<br />
[[Category:Learning Torah]]<br />
[[Category:Prayer]]</div>ChachamYhttps://halachipedia.com/index.php?title=Asking_another_Jew_to_work_on_Shabbat&diff=9295Asking another Jew to work on Shabbat2013-04-30T22:14:08Z<p>ChachamY: Redirected page to Amirah LeYisrael</p>
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<div>#REDIRECT [[Amirah LeYisrael]]</div>ChachamYhttps://halachipedia.com/index.php?title=Amirah_LeNochri&diff=9294Amirah LeNochri2013-04-30T22:13:47Z<p>ChachamY: </p>
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<div>There are three reasons for the Rabbinic prohibition to instruct a non-Jew to perform work for a Jew on [[Shabbat]]: (1) asking a non-Jew to do work will cause a laxity in the observance of [[Shabbat]], (2) there’s a statement from the prophets which says “Daber Davar” meaning that one’s speech on [[Shabbat]] should be different from one’s speech on the weekdays, and (3) instructing a non-Jew is halachically considered a form of שליחות (agency) which attributes the actions of the messenger to the sender. <Ref>39 Melachos (Rabbi Ribiat; vol 1, pg 63-4) </ref> There’s two main sections of Amirah LeNochri, instructing a non-Jew and benefiting from the work of a non-Jew. <Ref>39 Melachos (Rabbi Ribiat; vol 1, pg 64), Shemirat Shabbat KeHilchata 30:1 </ref> See also [[Summary of Amirah LeNochri]]. <br />
==Telling a non-Jew to do a forbidden activity==<br />
# It’s forbidden to tell a non-Jew to do any action that one would be forbidden to do himself whether it's a Deoritta or Derabbanan prohibition. <Ref>Shemirat Shabbat KeHilchata 30:1. Rambam [[Shabbat]] 6:1, Smag Lavin 65, Tur 325, S”A 307:2, see S”A 307:21 who forbid even if the Jew gets no benefit but it’s a melacha forbidden for a Jew. </ref><br />
# It’s forbidden to tell a non-Jew to do a Derabbanan prohibition for a Jew on [[Shabbat]]. <ref>Mishna Brurah 253:94, Shemirat Shabbat KeHilchata 30:2.Biur Hagra on Rama 244:5 says even for a Melacha Derabanan. </ref><br />
# It’s forbidden to tell a non-Jew to violate a prohibited activity on [[Shabbat]] even if the Jew receives no direct benefit. For example, one may not ask a non-Jew to shut the lights. <Ref>39 Melachos (Rabbi Ribiat; vol 1, pg 64) </ref><br />
===Hints which also command===<br />
# Just as it’s forbidden to tell a non-Jew to do work on [[Shabbat]] it’s also forbidden to hint using words of command or to make motions that imply a command to do work. <Ref> Rama 307:22, Chaye Adam 62:2, Shemirat Shabbat KeHilchata 30:3, 39 Melachos (Rabbi Ribiat; vol 1 pg 71) </ref><br />
# Example of a hint that do include a command are: “Why didn’t you turn off the light last [[Shabbat]]”, “Do me a favor, there’s not enough light in the room”, “Anyone who turns off the flame won’t loose”, <Ref>Shemirat Shabbat KeHilchata 30:5-7 </ref> or “ If you lower the flame, I will reward you for your effort”. <Ref>39 Melachos (Rabbi Ribiat; vol 1, pg 71) </ref><br />
===Hints which don’t command===<br />
# It’s permissible to hint to a non-Jew to do work on [[Shabbat]] if one uses a hint that doesn’t include a command. <Ref>Mishna Brurah 307:76, Shemirat Shabbat KeHilchata 30:3. Chut Shani (v. 3 p. 210) agrees that one may hint to a non-Jew to do melacha with a hint that doesn't include a command, but adds that it has to be a case where it doesn't appear as though one may have commanded the non-Jew on Shabbat, such as if it is an action that is done commonly without the permission of the employer. </ref> Regarding benefiting from such work, see further. <br />
# A hint which doesn’t include a command is a statement which only addresses the need for a certain action but doesn’t address the role of the non-Jew in that situation. Examples include: “The alarm is beeping, and we are not permitted to turn it off”, “The lights in the bedroom are on and we are not permitted to shut them”, “It is a shame that the lights are on and electricity is being wasted” <Ref>39 Melachos (Rabbi Ribiat; vol 1, pg 70) </ref> “It’s difficult to sleep because of the light in the room”, “It’s a shame that the gas (from a burner) is going to waste”, or “I don’t have enough (ripped) toilet paper”. <Ref>Shemirat Shabbat KeHilchata 30:5-6 </ref><br />
# If there’s light in a room making it possible to read with difficulty, one may hint to the non-Jew “I can’t read because there’s not enough light” or “the room isn’t well lit because there’s only one bulb on”. However, one may not use a hint which includes a command. If the room is totally dark it’s forbidden to benefit from the light that the non-Jew turned on. <Ref>Shemirat Shabbat KeHilchata 30:7 </ref><br />
# It’s permissible to tell a non-Jew “I don’t have enough (ripped) toilet paper”. <Ref>Shemirat Shabbat KeHilchata 30:8 </ref><br />
# It’s permissible to tell a non-Jew “I can’t read the letter” to hint to open the mail. <Ref>Shemirat Shabbat KeHilchata 30:10 </ref><br />
===If the non-Jew asks===<br />
# If one hints to a non-Jew to do a certain action and the non-Jew asks in reply “do you want me to me such and such?”, one may not respond “Yes” because doing so is considered like a command, but rather one should answer “I would appreciate it such an action was done”. <Ref>39 Melachos (Rabbi Ribiat; vol 1, pg 70-1) </ref><br />
===Telling a non-Jew to do work after Shabbat===<br />
# It’s forbidden to tell a non-Jew on [[Shabbat]] to do a prohibited activity after [[Shabbat]]. <ref> Mishna Brurah 307:9, Shemirat Shabbat KeHilchata 30:2 </ref><br />
# It’s permissible to hint to a non-Jew on [[Shabbat]] to do work after [[Shabbat]] even using a hint that includes words of command. <Ref>S”A 307:7, Rama 307:22, Mishna Brurah 307:28, Shemirat Shabbat KeHilchata 30:3 </ref><br />
# It’s permissible to tell a non-Jew on [[Shabbat]] “Why didn’t you pick me up in your car last Saturday night?” (using a hint with a command for work after [[Shabbat]]). <ref>Shemirat Shabbat KeHilchata 30:9 </ref><br />
===Telling a non-Jew before or after Shabbat===<br />
# It’s forbidden to tell a non-Jew before or after [[Shabbat]] to do a prohibited activity on [[Shabbat]]. <ref>S”A 307:2, Shemirat Shabbat KeHilchata 30:2 </ref><br />
# It’s permissible to hint before [[Shabbat]] or after [[Shabbat]] to a non-Jew to do work on [[Shabbat]] even using a hint that includes words of command. <Ref>S”A 307:2, Shemirat Shabbat KeHilchata 30:3 </ref><br />
# Before [[Shabbat]] it’s permissible to tell a non-Jew “Why didn’t you open the mail last [[Shabbat]]?” (before [[Shabbat]] using a hint with a command for work). <ref>Shemirat Shabbat KeHilchata 30:10 </ref> <br />
==On his own initiative==<br />
# One may tell a non-Jew to do a permissible activity even if it’s clear that the non-Jew will do a prohibited activity while doing that task unless the non-Jew has in mind that the Jew will benefit directly from the prohibited activity. <Ref>Shemirat Shabbat KeHilchata 30:24 </ref><br />
# It’s permissible to ask a non-Jew to wash dishes even if it’s clear that the non-Jew will use hot water to do so unless the non-Jew knows that the Jew will join in washing the dishes after the non-Jew turns on the hot water. <Ref>Shemirat Shabbat KeHilchata 30:24 </ref><br />
# It’s permissible to ask a non-Jew to carry something up a tall building even if it’s known that the non-Jew will use the elevator. <Ref>Shemirat Shabbat KeHilchata 30:25 </ref><br />
# It’s permissible to ask a non-Jew to get something from a dark room even if it’s clear that he will turn on the lights in order to get that thing. <Ref>Shemirat Shabbat KeHilchata 30:26 </ref><br />
==For a sick person==<br />
# It’s permissible to ask a non-Jew to perform any Melacha even one which is forbidden Deoritta (biblically) for a ill person (someone in the hospital, someone confined to a bed, someone who has a flu, severe toothache, earache, or migraine headaches). <br />
# Similarly, on a very cold day, it’s permissible to ask a non-Jew to turn on the heat as everyone is considered ill in the cold. <Ref>39 Melachos (Rabbi Ribiat; vol 1, pg 74) </ref><br />
# For someone who is ill to the extent that he is suffering discomfort or irritation (a common cold), one may ask a non-Jew to only perform Melacha which is forbidden MeDerabbanan. <Ref>39 Melachos (Rabbi Ribiat; vol 1, pg 74) </ref><br />
# It’s permissible to tell a non-Jew to do a forbidden activity on [[Shabbat]] for the health of a sick person even if it’s not a sickness that’s life threatening. <Ref>Shemirat Shabbat KeHilchata 30:11 </ref><br />
# One may tell a non-Jew to turn on the light so the sick person can see what he’s doing, or to turn off the light to go to sleep, or going to buy medicine. <Ref>Shemirat Shabbat KeHilchata 30:11 </ref><br />
# In places where it’s cold and one is in pain because of the cold it's permissible to ask a non-Jew to turn the heat. If there are children or older people who are bothered by the cold one may ask a non-Jew to turn on the heat even if it is not freezing. <Ref>S"A 276:5, Mishna Brurah 276:40, Shemirat Shabbat KeHilchata 23:26, 30:11, http://www.dailyhalacha.com/Display.asp?ClipID=591 </ref><br />
# If one set the air conditioning to stay on for [[Shabbat]] and then the weather or the settings changed so that it's now freezing and there's no other way to prevent the cold (such as opening a window) one may ask a non-Jew to turn off the air conditioning. <ref>Sh"t Igrot Moshe OC 3:42, Shemirat Shabbat KeHilchata 30:11, http://www.dailyhalacha.com/Display.asp?ClipID=591 </ref><br />
# In places where there is a heat wave one may ask a non-Jew to turn on a fan or air conditioning for someone who is suffering from the extreme weather. <Ref>Shemirat Shabbat KeHilchata 30:11, Sh"t Minchat Yitzchak 3:23-4, http://www.dailyhalacha.com/Display.asp?ClipID=591 </ref><br />
<br />
==To save Sefarim==<br />
# One may ask a non-Jew to do a forbidden activity on [[Shabbat]] in order to save Sifrei Kodesh, such as asking a non-Jew to extinguish a fire if there are Sefarim in the house. <Ref>Shemirat Shabbat KeHilchata 30:12 </ref><br />
==For a big loss==<br />
# If one is about to have a big loss it’s permissible to hint (even a hint which uses a command) to a non-Jew to do any forbidden activity on [[Shabbat]] to prevent that loss. <Ref>Shemirat Shabbat KeHilchata 30:13 based on S”A 307:19 and 334:26 </ref><br />
==Asking a non-Jew to do a Derabbanan==<br />
# In general it’s forbidden to ask a non-Jew to a Derabbanan prohibition, however, if it’s for a sick person, great need, big loss, a mitzvah, or guests that weren’t expected. <Ref>Shemirat Shabbat KeHilchata 30:14 </ref><br />
# One may ask a non-Jew to remove candlesticks (after the candles went out) from the table if the area is needed, and if one stipulated before [[Shabbat]] that the non-Jew would remove the candlesticks one can ask the non-Jew to move them even if there’s no need for the place but there’s at least a need so that the candlesticks don’t get ruined. <Ref>Shemirat Shabbat KeHilchata 30:21 </ref><br />
==To remove a obstacle==<br />
# It’s permissible to ask a non-Jew to remove a obstacle for many people even if it involves a Melacha Deoritta if the non-Jew can’t do it with only a Derabbanan. <Ref>Shemirat Shabbat KeHilchata 30:23 </ref><br />
# It’s permissible to ask a non-Jew to tie an eruv string that fell on [[Shabbat]] so that many people don’t carry on [[Shabbat]] unintentionally; if it can’t be tied with a bow the non-Jew should tie it with a double knot. <Ref>Shemirat Shabbat KeHilchata 30:23 </ref> <br />
==During [[Ben HaShemashot]]==<br />
# During [[Ben HaShemashot]], between Shekiyah until close to [[Tzet HaKochavim]], it’s permissible to ask a non-Jew to do any forbidden activity on [[Shabbat]] if there’s a great need, a need for [[Shabbat]], or a need for a mitzvah. <ref>S”A 261:1, Shemirat Shabbat KeHilchata 30:27 </ref> <br />
# Therefore, during [[Ben HaShemashot]], one may ask a non-Jew to turn on the lights in the room where one will have the [[Shabbat]] meals. <Ref>Shemirat Shabbat KeHilchata 30:27 </ref><br />
# Therefore, if one forgot to light [[Shabbat]] candles, one may ask a non-Jew during [[Ben HaShemashot]] to light the candles, however, one shouldn’t make a Bracha on such a lighting. <Ref>Shemirat Shabbat KeHilchata 30:27 </ref><br />
==Requesting one non-Jew to tell another==<br />
# Instructing one non-Jew to tell another non-Jew to do a forbidden activity on [[Shabbat]] is a major dispute and many hold that one should use this leniency unless there’s a mitzvah need, a financial loss, or if it’s done before or after [[Shabbat]]. <Ref>39 Melachos (Rabbi Ribiat; vol 1, pg 72) </ref><br />
==Hiring a non-Jew before Shabbat==<br />
# One can hire a goy to do a job for him and the goy can do it when he wants, it’s permitted even if the goy works on [[Shabbat]]. This only if the job is private work, but if it’s work that the public will see and recognize that a Jew hired him it’s forbidden. Additionally the work must not be done in the Jew’s house. <Ref> S”A 244:1, Mishna Brurah 244:2 explains that since the Jew doesn’t care when the goy does the work, the goy on his own does it on [[Shabbat]] and the wage was fixed it’s permissible. Mishna Brurah 244:3, and Kaf Hachaim 244:4 explain private as something not recognized as being a work paid for by a Jew. S”A 252:2, Mishna Brurah 252:17 say it’s forbidden for the goy to work in the Jew’s house because then it looks like the goy is working as the agent of the Jew. </ref><br />
# It is permitted to drop off shirts at the cleaners before Shabbat if there is a fixed price and one leaves them enough time to clean it without having to do so on Shabbat. Some say that if the non-Jew will have to work overtime if he doesn't want to work on Shabbat it is considered if one stipulated that he work on Shabbat, while others say that even if the non-Jew will have to work overtime so as not to work on Shabbat it is not like one stipulated that the non-Jew work on Shabbat. <ref><br />
* The Mishnah (Shabbat 17b) records a dispute between Beit Shammai and Beit Hillel regarding whether one may leave clothes at a non-Jewish cleaner before Shabbat. Beit Shammai forbid, while Beit Hillel permit. The Gemara (19a) records another dispute regarding giving a letter to a non-Jewish mailman before Shabbat, where Beit Hillel permit only if one stipulates a price for the job, while Beit Shammai forbid in all cases. Rashi s.v. Ela explains that once a price is fixed, the non-Jew may deliver it at his own convenience, and if he does so on Shabbat, he is not considered to be doing it for the Jew. Tosfot s.v. Ela and Rambam 6:12 apply the condition of stipulating a price to the case of giving clothes to a cleaner. <br />
* Beit Yosef 252:2 quotes the Smag and other Rishonim who clarify that one may give clothes to a cleaner only if one does not stipulate that it be cleaned on Shabbat. S”A 252:2 codifies this as halacha. Mishnah Brurah 252:16 adds that if one specifies that he wants the clothes to be ready on Motza’ei Shabbat, it is as if one told the non-Jew to clean it on Shabbat. <br />
* The Pri Megadim (M”Z 244:5) writes that if the Jew wants the job to be finished by a certain time that would require the non-Jew to work on Shabbat unless he would overexert himself and work at night, it is considered as if the Jew stipulated that the non-Jew work on Shabbat. Similarly, Rav Hershel Schachter (Halachipedia Article 5773 #6) said that if by the nature of the business it is known that they won’t clean it afterhours but will do it on Shabbat, it is as if one stipulated that they do it on Shabbat. Rav Yosef Shalom Elyashiv (quoted by Sanctity of Shabbos p. 66), and Rav Chaim Pinchas Sheinburg (ibid.) agreed.<br />
* Sanctity of Shabbos (ibid.) infers from Eliyah Rabba 244:12 and Igrot Moshe 4:53 that even if the non-Jew would have to work into the night to complete it before Shabbat, it is not considered as though one stipulated that it be done on Shabbat. </ref><br />
# If one’s scheduled garbage pickup is on Shabbat, one may allow the sanitation department to pickup one’s garbage on Shabbat. <ref> Rav Mordechai Willig (Am Mordechai p. 214) writes that since the garbage collectors work for the city, one may let non-Jewish garbage collectors pick up his garbage on Shabbat. The Sanctity of Shabbos (p. 84) adds that there’s no issue of marit ayin because it is well-known that the Jewish homeowner didn’t arrange for the garbage to be picked up on Shabbat. </ref><br />
<br />
==Leaving work by a non-Jew==<br />
# If a Jew has a non-Jewish worker who produces a product or provides a service and is paid a fixed wage for the job and not paid per hour, it's permissible to allow the non-Jewish worker to work on [[Shabbat]]. For example, it’s permissible on the weekday to give a non-Jew clothing to mend, or a car to fix since there was no command to the non-Jew to work on [[Shabbat]], it’s done in private, it's not recognizable as a Jew’s, and there’s a fixed wage. <Ref> 39 Melachos (Rabbi Ribiat; vol 1, pg 77-9) </ref><br />
# However one shouldn’t give it in on Friday afternoon and is pick it up Saturday night if there’s no time for the goy to fix it before or after [[Shabbat]] because it's tantamount to telling the non-Jew to work on [[Shabbat]]. However if there’s a need, Sephardim are lenient and Ashkenazim are strict. <Ref> Mekor Chaim 3:35:4, [[Shabbat]] VeHilchoteha 21:4-5, Mekor HaMayim O”C 4:26; Rav Ovadyah in Sh”t Yechave Daat 3:17 is lenient and Sh”t Divrei Chachamim 17 in name of Rav Eliyashiv and Rav Sheinberg are strict. 39 Melachos (Rabbi Ribiat; vol 1, pg 79) and Shemirat Shabbat KeHilchata 20:28 rule strictly. </ref><br />
# Nonetheless in cases of need one may send a package on Friday to be sent overnight since it's considered telling one non-Jew to tell another non-Jew to perform a Melacha which is permissible is done before [[Shabbat]]. <ref> 39 Melachos (Rabbi Ribitat); vol 1, pg 73) </ref><br />
# If a Jew has a non-Jewish worker who is paid per hour, it's forbidden for the non-Jew to perform Melacha on behalf of the Jew on [[Shabbat]]. For example, one may not allow a non-Jewish employee such as an office secretary to perform office work on [[Shabbat]]. <ref> 39 Melachos (Rabbi Ribiat; vol 1, pg 79) </ref><br />
# It is forbidden for a shul or yeshiva to hire a non-Jew to do custodial work on [[Shabbat]] unless it is stipulated that the custodian only does non-Melacha activities. <Ref> 39 Melachos (Rabbi Ribiat; vol 1, pg 80) </ref><br />
# Many poskim forbid ordering a newspaper that is printed and delivered on Shabbat, while some are lenient if most of the subscribers are non-Jewish.<ref><br />
* The Maharam Shick O.C. 123 addresses the question of subscribing to a newspaper that is printed on Shabbat. He says that although there is a dispute whether or not one may ask one non-Jew to ask another non-Jew to do a melacha on Shabbat, everyone should agree here that it is permitted, since the workers in the printing station don’t know that they are printing for Jews. Nonetheless, he concludes that this is not enough to rely on. Rav Mordechai Willig (Am Mordechai p. 214) writes that the Maharam’s logic would not apply nowadays, because the workers in the printing company know that there are Jews in the city for whom they are printing.<br />
* Rav Moshe Feinstein (quoted by The Sanctity of Shabbos p. 83), Mishneh Halachot 4:47, and Be’eir Moshe 6:66 agree that ordering a newspaper for Shabbat is forbidden because of Amirah LeNochri. Rav Hershel Schachter (Halachipedia Article 5773 #6) said it would be forbidden even if one orders a weekly subscription that includes Shabbat.<br />
* In another context, the Maharam Shick (O.C. 324) writes that it is not similar to the case of S”A 276:2 where halacha assumes that the non-Jew’s intent depends on the majority of the people for whom the melacha is done. In our case, every single print is for a specific need, and if the Jew didn’t subscribe, they would print less. Shemirat Shabbat K’hilchata 31:25, however, quotes Rav Shlomo Zalman Auerbach who argues that it is permitted to order a newspaper to be delivered on Shabbat if most of the subscribers are non-Jews because the additional printing is considered a grama, and perhaps the newspapers printed for Jews are nullified by the majority. Nonetheless, Shemirat Shabbat K’hilchata adds that if a non-Jew brought the newspaper through an area where there is no eruv, one may not read it on Shabbat. <br />
* For more information, see [http://www.yutorah.org/lectures/lecture.cfm/789052/Rabbi_Daniel_Stein/Reading_the_Shabbat_Newspaper_&_Subscribing_to_the_Saturday_Times Rabbi Daniel Stein in a shiur on yutorah.org]. </ref><br />
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===A non-Jewish maid===<br />
# It is forbidden to hire a domestic cleaning person to do Melacha on [[Shabbat]] (as they are paid by the hour) unless it is stipulated that the maid only do non-Melacha activities such as folding (not washing) laundry, washing dishes, clearing a table, and tidying the house (not vacuuming). <ref> 39 Melachos (Rabbi Ribiat; vol 1, pg 81) </ref><br />
# It is permissible to ask a maid to wash dishes even though the maid will use hot water and a sponge as she is doing so for her own convenience and was not included in any request. <ref>39 Melachos (Rabbi Ribiat; vol 1, pg 81) </ref><br />
# Many poskim are lenient regarding a live-in maid as a worker paid by the job and not per hour as long as the maid is told explicitly that she is not required to do them on Shabbos and may do it beforehand or afterwards. Nonetheless, there's numerous restrictions in order to permit a maid to perform Melacha for Jews on [[Shabbat]] including: not instructing the non-Jew to do Melacha, not having a possibility of maris ayin (appearance of sin), not benefiting directly, and not degrading [[Shabbat]]'s sanctity. <ref> The Sanctity of Shabbos (Rabbi Simcha Bunim Cohen; chapter 10, pg 87-93) quoting Rav Moshe Feinstein, Rabbi Shlomo Zalman Auerbach, and Rabbi Chaim Pinchas Sheinburg. Rabbi Simcha Bunim Cohen (The Sanctity of Shabbos, p. 87-93) summarizes that the 4 conditions restricting the work, which a non-Jewish live-in maid may do on Shabbat for a Jewish employer. 1) The Jew must tell the maid that she does not have to do the work on Shabbat and may do it before or after Shabbat. Similarly, the Jew may not instruct the non-Jew to do a melacha on Shabbat. 2) The maid may not do labors that she wouldn’t regularly do unless she does them in her room. 3) The maid may not do activities that degrade the sanctity of Shabbat, such as vacuuming (See Rama 252:5). 4) The Jew may not receive benefit from the non-Jew’s work on Shabbat. See also 39 Melachos (Rabbi Ribiat; vol 1, pg 82) who quotes this leniency with the a language of "some poskim rule" and concludes that families that avail themselves of non-Jewish domestic help must consult with a Rav on how to conduct themselves with the numerous halachic questions..." </ref><br />
# In order to avoid maris ayin one may not have a maid do an activity which would not normally be done if there wasn't a specific command such as defrosting a refrigerator, mending a garment, shopping, taking a baby in a carriage, and cleaning the carpets. <ref> The Sanctity of Shabbos (Rabbi Simcha Bunim Cohen; chapter 10, pg 88-9) </ref><br />
# It order to avoid degradation of the sanctity of [[Shabbat]] one may not have a maid garden or wash windows. <ref> The Sanctity of Shabbos (Rabbi Simcha Bunim Cohen; chapter 10, pg 89) </ref><br />
# According to Ashkenazim, in order to avoid degradation of the sanctity of [[Shabbat]] one may not have a maid use a machine which draws attention due to a loud noise such as a washing machine, dishwasher, dryer, and vacuum cleaner. <ref> The Sanctity of Shabbos (Rabbi Simcha Bunim Cohen; chapter 10, pg 89) </ref><br />
<br />
==Hiring a non-Jew==<br />
# It’s forbidden before [[Shabbat]] to pay a non-Jew to do work for a Jew if because of the lack of time the non-Jew will have to work on [[Shabbat]] for the Jew. <Ref>Shemirat Shabbat KeHilchata 30:28 </ref><br />
# It’s forbidden to hire an electrician to fix something in the house on [[Shabbat]], because the work is being done in a Jew’s house. <Ref>Shemirat Shabbat KeHilchata 30:30 </ref><br />
# It’s permitted to hire a non-Jew to milk one’s cows on [[Shabbat]] even if one specifies [[Shabbat]] because of the pain it causes the cows if they aren’t milked, however, one should try to milk the cows right before and after [[Shabbat]] in order to minimize this leniency. Additionally, it’s permissible for a Jew to over watch the milking as long as he doesn’t speak with the non-Jew about the wages. <Ref>Shemirat Shabbat KeHilchata 30:31 </ref><br />
===Paying non-Jews===<br />
# It’s permissible to pay on [[Shabbat]] not using money such as by giving a piece of cake. <ref> Shemirat Shabbat KeHilchata 30:33 </ref><br />
<br />
==Non-Jew working at a Jewish home==<br />
==Non-Jew working with Jewish owned items==<br />
# One can’t have a goy build on the field or harvest the field of a Jew on [[Shabbat]] since anything attached to the ground is clear that it belongs to the Jew. <Ref> S”A 244:1, Mishna Brurah 244:5 </ref><br />
==Deriving benefit from work of a non-Jew==<br />
# It’s forbidden to derive direct benefit from work that the non-Jew performs on behalf of a Jew even if the Jew did not command the non-Jew at all. <Ref>Shemirat Shabbat KeHilchata 30:1, 4, 39 Melachos (Rabbi Ribiat; vol 1, pg 65) </ref><br />
===If done for personal benefit===<br />
# It’s permissible to benefit from the action of a non-Jew which was done for his own benefit and not for a Jew. For example, if a non-Jew turned on the lights in a room for personal benefit, it’s permissible to ask the non-Jew not to turn it off. <Ref>39 Melachos (Rabbi Ribiat; vol 1, pg 67) </ref><br />
# However, it’s forbidden to benefit from an action of a non-Jew where the action was done for a Jew. For example, if a non-Jewish maid boils a pot of hot water for a cup of hot-water, the family members may not benefit from the rest of the hot water in the pot which was probably heated for them. <Ref>39 Melachos (Rabbi Ribiat; vol 1, pg 68) </ref><br />
===What’s direct benefit?===<br />
# It’s permitted to hint to a goy not in a commanding way like “it’s too dark in here”, or “I can’t read with this lighting”. One can benefit from the goy’s action only if beforehand one could have read under that light with difficulty (the room was dimly lit). <Ref> Mishna Brurah 307:76, Magan Avraham, and Knesset Hagedolah in name of the Maharmat. Pri Megadim explains that it’s not real benefit since one could have read beforehand anyway and the light is just improved. This is codified in 39 Melachos (Rabbi Ribiat; vol 1 pg 66). </ref><br />
# If a non-Jew turns on a light (on his own initiative) in a room which was totally dark and one was unable to read, it’s nonetheless forbidden for the Jew to benefit from the light that the non-Jew turned on. <Ref>39 Melachos (Rabbi Ribiat; vol 1, pg 65) </ref><br />
# One may benefit from the action of a non-Jew which improved a situation but didn’t altogether make something unusable into something useable. For example, it’s permissible to benefit if a non-Jew tightens a already working but wobbly doorknob, chair, or table. <Ref>39 Melachos (Rabbi Ribiat; vol 1, pg 67) </ref><br />
# If, on [[Shabbat]], a non-Jew cleaned clothes which were soiled or stained (on his own initiative) it’s forbidden to benefit from the cleaned clothing on [[Shabbat]]. <Ref>39 Melachos (Rabbi Ribiat; vol 1, pg 65) </ref><br />
# If, on [[Shabbat]], the fire underneath the blech went out, and the non-Jew relit the fire (on his own initiative) it’s forbidden to benefit from the warmed food on [[Shabbat]]. <Ref>39 Melachos (Rabbi Ribiat; vol 1, pg 65) </ref><br />
# Removing an obstacle or annoyance is not considered causing direct benefit and so it’s permissible to benefit from the action of a non-Jew who turned off a light or an alarm when one wanted to go to sleep. <Ref>39 Melachos (Rabbi Ribiat; vol 1, pg 66) </ref> Additionally it’s permissible to benefit from the act of a non-Jew who turns off the headlights to a car (which were left on). <br />
# One may benefit from the action of a non-Jew which improved a situation but didn’t altogether make something unusable into something useable. For example, it’s permissible to benefit if a non-Jew tightens a already working but wobbly doorknob, chair, or table. <Ref>39 Melachos (Rabbi Ribiat; vol 1, pg 69) </ref><br />
==For a Mitzvah==<br />
# For the purpose of a mitzvah, it’s permissible to ask a non-Jew to perform a Melacha only if it is only forbidden MeDeRabbanan. <Ref>39 Melachos (Rabbi Ribiat; vol 1, pg 74-5) </ref><br />
# In order to prevent widespread transgression it’s permissible to ask a non-Jew to perform a Melacha Deoritta. For example, if an Eruv fell on [[Shabbat]] it’s permissible to ask a non-Jew to fix it on [[Shabbat]] even if it involves Melacha Deoritta. <Ref>39 Melachos (Rabbi Ribiat; vol 1, pg 75) </ref><br />
# In order to allow a many people to perform a mitzvah, some poskim permit asking a non-Jew to perform a Melacha Deoritta. <Ref>39 Melachos (Rabbi Ribiat; vol 1, pg 75) </ref><br />
==Commanding animals to do work==<br />
# Similarly, it’s forbidden to signal to a (trained) animal to a melacha on [[Shabbat]], but it’s permitted to signal before [[Shabbat]] for it to do melacha on [[Shabbat]]. <Ref> Sh”t Or Letzion O”C 1:23 </ref><br />
==Related Pages==<br />
* [[Asking another Jew to work on Shabbat]] ([[Amirah LeYisrael]])<br />
==Sources==<br />
<references/></div>ChachamYhttps://halachipedia.com/index.php?title=Halachapedia&diff=5209Halachapedia2012-03-13T05:20:15Z<p>ChachamY: </p>
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'''See the [[Main Page]]'''</div>ChachamYhttps://halachipedia.com/index.php?title=Birkat_Cohanim&diff=5195Birkat Cohanim2012-03-11T13:27:20Z<p>ChachamY: </p>
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<div>[[Image:Birkat_kohanim.jpg|right|400px]]<br />
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==General==<br />
# The Mitzvah of Birkat Cohanim is biblical (Deoritta) even nowadays in all places at all times. <Ref>Sefer HaChinuch (378), Shaar HaTzion 128:133 </ref> <br />
# The Mitzvah isn’t strictly obligatory but rather a Mitzvah which is an opportunity to fulfill a positive command similar to Tzitzit. <Ref>Dvar Avraham 1:31 </ref><br />
# If a Cohen is in shul and isn’t called up to do the Birkat Cohanim strictly he isn’t obligated to do Birkat Cohanim (certainly, it’s appropriate and correct to do so) however, once a Cohen is asked to do Birkat Cohanim he violates the biblical command by refusing. <Ref>Biur Halacha 128:4 </ref><br />
# The Ashkenazic minhag outside Israel is not to do Birkat Cohanim except at Mussaf of [[Yom Tov]] because Birkat Cohanim should be done when people are relaxed and not bothered by work. <Ref>Rama 128:44. For other reasons to explain the Ashkenazi minhag see Bet Yosef 128 quoting the Sefer Chasidim, Sh”t Zera Emet 3:13, and Sh”t Bet Efraim 6 </ref><br />
# Throughout Jewish history some have made a great effort to change this minhag (in order to fulfill this biblical Mitzvah) and were unsuccessful. <Ref>Aruch HaShulchan 128:64 </ref><br />
# Some have the practice not do Birkat Cohanim when [[Yom Tov]] falls out on [[Shabbat]], however, the poskim strongly disapprove of this and urge to discontinue this practice without causing conflict. <Ref>Mishna Brurah 128:165, Sh”t Igrot Moshe 3:18, 5:15 </ref><br />
# Most assume that the mitzvah is upon the Cohanim while a minority opinion assumes that there’s a mitzvah both upon the Cohanim and the Yisraelim who are being blessed. <Ref>Biur Halacha 128 intro, Sefer Charedim 12:18, Igrot Moshe 4:21 </ref><br />
# Some say that a Yisrael may not raise his fingers in the same fashion as the cohanim do for Birkat Cohanim. <ref>Piskei Teshuvot 128:3 based on Kaf HaChaim 128"79 who quotes the Zohar. However, see Sh"t Rivevot Efraim 1:93(2) who questions whether this prohibition applies to Yisraelim or not. See also Sh"t Yechava Daat 5:14 who defends the minhag to bless one's children with one or two hands. </ref><br />
# When a Cohen goes up to bless the congregation, it is as if he too is blessed. <Ref> Yalkut Yosef, Tefillah Volume 1, page 294 </ref><br />
==Proper Behavior of the Cohanim==<br />
# Even if there is no platform, the cohanim should still go up to bless the congregation. Therefore if the one leading the prayers is the only cohen present, he should bless "birkat cohanim" from where he is standing, and he doesn't need to move to the platform. <Ref> Yalkut Yosef, Tefillah Volume 1, page 294 </ref><br />
# Rabbi Yochanan ben Zakai instituted that the Cohanim shouldnt go up wearing sandals or any type of shoe, out of respect to the congregation <Ref> Gemara Sotah 40a </ref><br />
# By the time the Sheliach Tzibur arrives at the blessing of "Retzeh", the Cohanim must make a motion towards doing the mitzvah. If the Sheliach Tzibur finished the blessing of "Retzeh", and said the word "Modim" before a cohen made this motion, that cohen may not go up to do birkat cohanim. <Ref> Yalkut Yosef, Tefillah Volume 1, page 299 </ref><br />
# If the only cohen in the tzibur is the Sheliach tzibur, and he is using a siddur and will therefor not be confused and will be able to continue in his tefila after birkat cohanim, he should move his feet during the bracha of "Retzeh", and then go do birkat cohanim, so that the tzibur will not miss out on this special blessing. But if there is another cohen who can do birkat cohanim, the sheliach tzibur should not go. <Ref> Yalkut Yosef, Tefillah Volume 1, page 311 </ref><br />
# If the sheliach tzibur forgot to do bircat coahanim, and he started the blessing of "Sim Shalom", as long as he did not finish the blessing of "Sim Shalom", if he remembers he can go back. But if he finished the words "Hamevarech et amo yisrael basahalom"(the end of "Sim Shalom"), he can no longer go back. And even though there are those who say that you can do birkat cohanim after the prayers are finished, it is better not to do it. ([[Safek brachot lehakel]]- when we have a doubt about blessing we should be lenient, and not say the blessing)<Ref> Yalkut Yosef, Tefillah Volume 1, page 315 </ref><br />
# If a person can not pronounce his letters correctly, for example if he says his "Ayin's" like "Alephs" and his "chet's" like "caf's", he is still allowed to do birkat cohanim, because nowadays that is how everyone pronounces them. However if he happens to be in a place where they are very meticulous about correct pronounciation, he should not do birkat cohanim. There are those who say that if a person is in a place that they are meticulous, but all the people know that this person can not pronounce their letters the "corect" way, or if they pronounce it a different way (for example: if an ashkenazi, who has different letter pronunciations, is in a sephardic shul), he may do birkat cohanim. This is the accepted minhag. <Ref> Yalkut Yosef, Tefillah Volume 1, page 318 </ref><br />
# A Cohen who has a defect, blemish, or deformity, on his face or his hands should not do birkat cohanim, because the people will look at him and be distracted. However if he is "Dash B'iro", meaning that he is had a blemish for at least 30 days and the whole tzibur knows that he has this blemish, there is no worry that people will look at him, and he may do birkat cohanim. Nowadays, since the Cohanim cover themselves with a talit during the blessing, there is no worry that people will look at him, and any Cohen who has a blemish on his hands or face may do bircat cohanim. <ref>Yalkut Yosef 128:68 (Tefillah vol 2, pg 338, 5764 edition)</ref><br />
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==Proper behavior of the congregation during Birkat Cohanim==<br />
# Because of the opinion that there is also a mitzvah for the Yisraelim to receive the Bracha if one is in Shul when the Cohanim were called one may not leave until after Birkat Cohanim. <ref> Piskei Teshuvot 128:2 </ref> Even if one already heard Birkat Cohanim that day it's improper to leave the Shul when the Cohanim get up for Birkat Cohanim. <ref>Kaf HaChaim 128:149 </ref><br />
# The Tzibbur should stand during Birkat Cohanim and listen to every word with intent. <Ref>Mishna Brurah 128:51, Tefillah KeHilchata 14:48 </ref><br />
# However, a sick or old person may sit during Birkat Cohanim. <Ref> Yalkut Yosef, Tefillah Volume 1, page 298 </ref><br />
# If one is slightly behind the Cohanim one is not included in the Bracha, however, if one is standing directly on the side, one is included in the Bracha, yet, one should face the Cohanim. <Ref>S”A 128:24, Biur Halacha D”H Aval </ref><br />
# If one is in front of the Cohanim one should face east (the front of the Shul). <Ref> Biur Halacha 128:24 D”H Aval </ref><br />
# One shouldn’t look at the hands of the Cohanim during Birkat Cohanim and so one should face downward <Ref>S”A 128:23 </ref> or cover one’s face with a talit. <Ref> Mishna Brurah 128:92, Tefillah KeHilchata 14:49 </ref> However, nowadays that the Cohanim wear the Talit over their hands one may look at the cohanim. <Ref>Siach Tefillah (Shaar 5, 1:2) [See also Rav Herschel Schacter’s opinion at yu.edu.]. However, the Piskei Teshuvot 128:55 writes that one should still not look at the Cohanim so as not to get distracted. </ref><br />
# One should answer Amen to the three Bracha’s of the Cohanim. One should only answer Amen after the Cohanim have completed the last word of that פסוק. <Ref>S”A 128:18, Igrot Moshe 2:31 </ref><br />
# There are various opinions regarding whether one should answer Baruch Hu Baruch Shemo after Hashem’s name in Birkat Cohanim. <Ref>The Weekly Halachah Discussion (Vol 2, pg 379) writes that one may follow one’s customary practice but should do so quietly. See Yachava Daat 4:9. </ref><br />
# At the conclusion of Birkat Cohanim some have the practice to thank the cohanim for the Brachot and the cohanim respond Tzivku LeMitzvot while others advise avoid responding in these words. <Ref>Mishna Brurah 128:60, Aruch HaShulchan 128:24, Sh”t Har Tzvi 62 </ref> However, saying Yasher Koach or thank you isn’t an issue. <Ref>Nesiut Kapim KeHilchata (Chap 9 note 53) writes that the Cohanim saying the “Yashar Koach” isn’t an issue. Piskei Teshuvot 128:48 writes that saying “Thank you” isn’t an issue. </ref><br />
# If a Yisrael who makes the blessing of the cohanim, with the intention of doing the mitzvah, he is transgressing a positive commandment, because only the cohanim were commanded.<Ref> Yalkut Yosef, Tefillah Volume 1, page 296 </ref><br />
# However, parents blessing their children and Rabbis blessing their students, may put both of their hands on their heads while reciting the blessing, since the only prohibition is to make the blessing with the intention of fulfilling the mitzvah of the commandment, and to do it like the cohen.<Ref> Yalkut Yosef, Tefillah Volume 1, page 296 </ref><br />
# There is no worry about saying a "Bracha levatala", a blessing in vain, since they are verses verses in the Torah, which are permitted to say. <br />
==Someone in middle of [[Shemona Esreh]]==<br />
# Someone who’s in middle of [[Shemona Esreh]] should stop to listen even if one is in front of the Cohanim, however, according to Sephardim one may continue [[Shemona Esreh]] but if one wants one may stop to listen in between Brachot. <Ref><br />
* The Gemara Sotah 40a tells us that one shouldn’t say Pesukim while the Cohanim are blessing the people because it’s disrespectful to ignore the blessings being said. This is codified in Shulchan Aruch 128:26. However, this may be different considering that one is involved in Davening and there’s no mitzvah to stop Davening to listen rather the principle of Osek BeMitzvah Patur Min HaMitzvah (one who is involved in a mitzvah should continue that mitzvah) comes into effect.<br />
* If there’s a mitzvah on the individual Jews receiving the Bracha like the Sefer Charedim 4:18 then it’s understandable that one should pause to hear the Brachot. [This is also the opinion of the Raavad (Mishna Tamid end of chapter 6), Bet Efraim 6, Haflah (Ketubot 24b).] However, the Ritva (Sukkah 31a) writes clearly that the mitzvah is only upon the cohanim and not those being blessed. [This is also the opinion of the Keren Orah (Sotah 39b). The Chatom Sofer 167 writes that this is the opinion of the majority of Rishonim.] If so it’s logical that there’s no reason to stop to listen to Birkat Cohanim since there’s no Mitzvah of to say the Brachot but only to listen. <br />
* It’s seemingly unanimous (Sh”t Yabea Omer 7:12, Halichot Shlomo 10:3) that even according to those Rishonim (Tosfot Brachot 21b) who disapprove of stopping in [[Shemona Esreh]] to hear Kedusha because the principle of Shomea KeOnah (listening is like hearing) makes it as if one actually said the words and interrupted one’s prayer, would agree here that it’s not an issue because one has no intent to be considered as if one said the words but rather one is silent in order to receive the blessings. <br />
* Rav Ovadyah Yosef in Sh”t Yabea Omer 7:12 writes that one doesn’t have to stop in middle of [[Shemona Esreh]] in order to listen to Birkat Cohanim (based on the above two reasons), however, if one wanted to one should do so in between the Brachot. However, Rav Shlomo Zalman in Halichot Shlomo 10:3 writes that in deference to those who hold that there’s also a mitzvah for those being blessing one should stop to listen.<br />
* Chazon Ish (Dinim VeHanhagot 4:29), Igrot Moshe 4:21(2), Shevet HaLevi 3:15, and Halichot Shlomo 10:3 (note 18 adds that one should listen from the beginning of the Bracha that the cohanim make before Birkat Cohanim.) all hold that one should stop and listen for Birkat Cohanim. See also Avnei Yishfah (Tefillah pg 205) quoting Rav Elyashiv and Sh”t Teshuvot VeHanhagot 2:77 who say that one shouldn’t stop to listen to Birkat Cohanim. </ref> If one stopped to listen to Birkat Cohanim one should not answer Amen. <Ref> Tefillah KeHilchata 14:51 based on Sh”t Shevet HaLevi 3:15, and the Imrei Yosher in name of the Chazon Ish writes not to answer Amen. Tefillah KeHilchata 14:51 writes that if one is saying [[Shemona Esreh]] together with the Shaliach Tzibbur one should answer Amen. </ref><br />
==Interruptions==<br />
# During Birkat Cohanim one shouldn’t make any interruptions even to answer Kaddish or Kedusha. <Ref>Halichot Shlomo 10:4 </ref><br />
# The Tzibbur shouldn’t say anything during the Birkat Cohanim except for Amen (and some say Baruch Hu Baruch Shemo). <Ref>Mishna Brurah 127:11. Sh”t Yechava Daat 4:9 writes that one should say Baruch Hu UBaruch Shemo after the name of Hashem. Tefillah KeHilchata (pg 297 note 110* writes that some have the minhag to answer Ken Yehe Ratzon after the first two pesukim and Amen Ken Yehe Ratzon after the third pasuk. </ref><br />
# The Shaliach Tzibbur shouldn’t answer Amen unless he’s Davening from a Siddur and feels that he won’t loose his place, <Ref>S”A 128:19, Mishna Brurah 128:71, Tefillah KeHilchata 14:52 </ref> but to the Bracha of the cohanim before Birkat Cohanim one certainly shouldn’t answer Amen. <ref>Mishna Brurah 128:71, Kaf HaChaim 128:112, Tefillah KeHilchata 14:52 </ref><br />
==The Shaliach Tzibbur saying each word==<br />
# The Sheliach Tzibbur should say each word to the Cohanim out loud and not quietly. <Ref>Halichot Shlomo 10:15 </ref><br />
# If one of the Cohanim didn’t hear a word (even the name of Hashem), the Sheliach Tzibbur should repeat it out loud. <Ref> Halichot Shlomo (pg 133 note 56) </ref><br />
==Washing hands==<br />
# The kohanim need to wash their entire hands for birkat kohanim, even on tisha be’av on which one can’t wash past the knuckles. only Levim who regularly wash their own hands before washing the kohanim’s, can wash on tisha be’av before washing the kohanim’s hands. <ref> http://www.dailyhalacha.com/Display.asp?ClipID=958 </ref><br />
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==References==<br />
<references/></div>ChachamYhttps://halachipedia.com/index.php?title=Talk:Birkat_Cohanim&diff=5194Talk:Birkat Cohanim2012-03-11T13:22:14Z<p>ChachamY: </p>
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<div>I couldn't find the image kohanim_hands.jpg, so I removed the line [ [Image:kohanim_hands.jpg|right|270px ] ]. I would first make sure to upload the picture before adding it to the page. If you need help, email me: support@halachipedia.com.</div>ChachamYhttps://halachipedia.com/index.php?title=Talk:Birkat_Cohanim&diff=5193Talk:Birkat Cohanim2012-03-11T13:18:17Z<p>ChachamY: Created page with 'I couldn't find the image kohanim_hands.jpg, so I removed the line 270px. I would first make sure to upload the picture before adding it to the …'</p>
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<div>I couldn't find the image kohanim_hands.jpg, so I removed the line [[Image:kohanim_hands.jpg|right|270px]]. I would first make sure to upload the picture before adding it to the page. If you need help, email me: support@halachipedia.com.</div>ChachamYhttps://halachipedia.com/index.php?title=Matanot_LeEvyonim&diff=5158Matanot LeEvyonim2012-03-08T05:43:37Z<p>ChachamY: </p>
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<div>==Who is obligated to give Matanos L'Evyonim?==<br />
# Both men and women are obligated to give Matanot L'evyonim. <Ref> S"A and Mishna Brurah 694:1 </ref><br />
# Even a poor person who relies on charity to support himself is obligated to give Matanot L'evyonim. <Ref> S"A and Mishna Brurah 694:1 </ref><br />
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==When should Matanot L'evyonim be given?==<br />
# Matanot LeEvyonim should be given during the day and not the night of purim. <Ref> Magan Avraham 695:13, Mishna Brurah 695:22 </ref><br />
# If one gives Matanot LeEvyonim before purim and is sure that the poor person won’t use it before Purim one fulfilled one’s obligation and some are strict to give it on the day of Purim itself. <Ref>Piskei Teshuvot 694:8, Piskei Shemuot pg 144 quotes Rav Elyashiv who permits lechatchila </ref> Similarly, before Purim one can give it to a messenger (Shaliach) who will give it on Purim itself. <Ref>Piskei Shemuot pg 144 quoting Rav Nassim Karlitz </ref><br />
==How much does one have to give for Matanot L'evyonim==<br />
# One is obligated to give two gifts of charity to two poor people, one to each person. <Ref>S”A 694:1 </ref><br />
# Some say that the amount one should give for each of the poor people is at least [[Measurements#Prutah| Prutah]] (which is 2.5 Agurot which is a 1/25 of a Shekel) <ref>Mishna Brurah 694:2 quotes the Ritva saying that one fulfills one's obligation even with two prutot (one [[Measurements#Prutah|prutah]] per poor person). Sh”t Tzitz Eliezer 7:27(7) (at end) seems to agree that this is the accepted halacha.</ref> whereas others say the minimum amount is how much it would cost to buy a meal of 3 [[Measurements#KeBaytzah| KeBaytzim]] of bread. <Ref>Shaarei Teshuva 694 quoting the Zera Emet, Maharsha (Megillah 7a), Kaf HaChaim 695:7, Teshuvot VeHanhagot 3:231, Piskei Teshuvot 694:6 </ref> It’s proper to be strict for the second opinion. <Ref>Yalkut Yosef (Kitzur S”A 694:1). Similarly, Yeme Mishteh VeSimcha pg 244 quotes Rav Elyashiv as saying that even though one fulfills one's obligation with a Prutah, nonetheless, it's proper to give each poor person about 5 shekalim which is an amount which would make the poor person happy. Halichot Shlomo (chap 19, note 62) quotes Rav Shlomo Zalman as having said that in order to fulfill all opinions one should give an amount which is significant by the giver and by the taker's standards. </ref><br />
==Who should one give Matanot L'evyonim to?==<br />
# Nowadays, someone who doesn’t have a stable income that can support one’s family for normal expenses and doesn’t have property that’s not usually used and could be sold or if one has abnormal expenses such as for medical bills, or making a wedding for which one can not afford, is considered a poor person regarding this mitzvah. <ref>Piskei Teshuvot 694:2 </ref><br />
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==References==<br />
<references/></div>ChachamYhttps://halachipedia.com/index.php?title=Talk:Costumes&diff=5157Talk:Costumes2012-03-08T05:41:06Z<p>ChachamY: </p>
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<div>maybe most of this should be a footnote? like write: While it is generally forbidden for a man to dress as a woman, on purim some are meikil and allow it. and then have a footnote with all the shitas.<br />
You're right it should be a footnote, I just haven't gotten around to fixing this page.</div>ChachamYhttps://halachipedia.com/index.php?title=Rosh_HaShana&diff=5156Rosh HaShana2012-03-08T05:36:40Z<p>ChachamY: Redirected page to Rosh Hashana</p>
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<div>#REDIRECT [[Rosh Hashana]]</div>ChachamYhttps://halachipedia.com/index.php?title=Tikkun_Chatzot&diff=5155Tikkun Chatzot2012-03-08T05:36:19Z<p>ChachamY: </p>
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<div>== Is it an obligation? Who is obligated?==<br />
# In order to feel pain over the churban slightly before Chatzot every night one should say Tikkun Chatzot. <Ref>S”A 1:3, Mishna Brurah 1:9 </ref> However, the minhag is not to say Tikkun Chatzot and some achronim justify the minhag, nonetheless it’s praiseworthy to say it from time to time. <Ref>Piskei Teshuvot 1:10. Yavetz in Mor UKesiah (Siman 1) writes that the obligation only applies to Torah scholars and in Israel. The Chida in Machzik Bracha 1:3 argues that it applies to all people in all places. </ref><br />
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==The feelings one should feel==<br />
# One should be pained over the destruction of the Temple. <ref> S"A 1:3 based on the Rosh (Brachot 3b). </ref><br />
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==Relevative Precedence==<br />
# If one only has time for Tikkun Chatzot and Selichot, one should say Tikkun Chatzot. <ref> Ben Ish Chai (Vayishlach 9), Yalkut Yosef (5764 edition, vol 1, pg 191) Rav Mordechai Eliyahu (Maamer Mordechai 34:6). </ref><br />
# If one only has time for Tikkun Chatzot and learning torah, one should say Tikkun Chatzot. <ref> Ben Ish Chai (Vayishlach 9), Yalkut Yosef (5764 edition, vol 1, pg 174) and Rav Mordechai Eliyahu (Maamer Mordechai 34:6). </ref><br />
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==How should it be said?==<br />
# It is the practice to say Tikkun Chatzot while sitting on the floor near the doorpost witth the mezuzah. One shouldn't sit directly on the ground rather one should sit on a cloth, pillow or small bench. If the floor is tiled one can be lenient to sit directly on the floor. <ref> Yalkut Yosef (5764 edition, vol 1, pg 161) </ref><br />
# The Minhag is to place ashes on one's head in the area where the Tefilin Shel Rosh is placed. <ref> Yalkut Yosef (5764 edition, vol 1, pg 161) </ref><br />
# Another practice is to not to wear shoes during Tikkun Chatzot. <ref> Yalkut Yosef (5764 edition, vol 1, pg 161) </ref><br />
# Some had the practice to say Tikkun Chatzot communally in shul. Even though some oppose the practice, it has what to rely on and has it's benefits. <ref> Sh"t Shevut Yacov writes that the practice of some groups to get together to say Tikkun Chatzot at night in Shul was inappropriate because it displayed arrogance as Tikkun Chatzot is something only a minority of people keep. However, Chida in Birkei Yosef 1:3 and Mishna Brurah 1:9 argue on the Shevut Yacov because it's preferable to pray as a community as it says "BeRov Am Hadrat Melech". </ref> <br />
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==When should Tikkun Chatzot be said?==<br />
# Ashkenazim hold that it should be said right before Chatzot and then one should learn from Chatzot until morning when one can pray. <ref> Mikdash Melech on Zohar (Vayahakel 195c) writes the Tikkun Chatzot can be said from the second section of the night which is 2 hours (Shaot Zmaniot) before Chatzot. Shulchan Aruch HaRav rules like that. Similarly, Yeshuot Yacov 1 writes that Chatzot should be said a little before Chatzot. So rule the Malbim in Arsot HaChaim 1:31 and Mishna Brurah 1:9. </ref> However, Sephardim hold that it should be said at Chatzot of night or afterwards until [[Olot HaShachar]]. <ref> Sh"t Yachave Daat 1:46 pg 135 based on the Zohar (Chaye Sara pg 132b) and Arizal (Shaar Kavanot pg 52d) that one should not say Tikkun Chatzot before Chatzot. So rules Aruch HaShulchan 1:21, Birkei Yosef 1:6, Ben Ish Chai (Vishlach 4), Yalkut Yosef (5764 edition, vol 1, pg 165), and Halacha Brurah 1:5 </ref><br />
# On shouldn't say Tikkun Chatzot after [[Olot HaShachar]]. However one can be lenient to say Tikkun Leah after [[Olot HaShachar]]. <ref> Igret Rramaz 11 writes that one should say it before [[Olot HaShachar]] and in a Shat HaDachak one can say it after Olot. This is brought down by the Shaarei Teshuva 1:6. However, Sh"t Lev Chaim writes that one can say it until the time to put on Talit and Tefilin. Ben Ish Chai Vayishlach 8 argues on this based on the language of the Arizal that one shouldn't say it after Olot. Nonetheless, Zichronot Eliyahu 400:17 and Nemukei Orach Chaim (quoted in Maasef LeKol HaMachanot 1:29) say that one can lenient regarding Tikkun Leah. So rules Rav Ovadyah in Halichot Olam 1 pg 49, and Halacha Brurah 1:6. </ref><br />
# Women may say Tikkun Chatzot. <ref> Sh"t Rav Poalim 1:9 (Sod Yesharim), Ben Ish Chai Vayishlach 6 write that women shouldn't say Tikkun Chatzot. However, Kaf HaChaim 1:15, Halichot Olam 1 pg 48, and Halacha Brurah 7 write that women are allowed to say Tikkun Chatzot. Yalkut Yosef (vol 1, pg 173) rules like the Kaf HaChaim but writes that the minhag is that women don't say Tikkun Chatzot. </ref><br />
# During the three weeks (Ben HaMetzarim), Tikkun Chatzot should be said after Chatzot of the day. <ref> Kaf HaChaim 551:222. Hinted to in Mishna Brurah 551:103, see Piskei Teshuvot there. </ref><br />
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==On what days is it not said?==<br />
# On the following nights no Tikkun Chatzot is said: [[Shabbat]], <ref> Shaarei Tzion (beginning of sefer) writes that one does say Tikkun Leah on [[Shabbat]], nonetheless, most achronim rule otherwise including the Ben Ish Chai (Vayishlach 7), Kaf HaChaim 1:13, and Halacha Brurah 1:8. </ref> [[Rosh HaShana]], [[Yom Kippur]], [[Pesach]] ([[Yom Tov]] and [[Chol HaMoed]]), [[Shavuot]], [[Sukkot]] (just [[Yom Tov]]), and [[Shemini Aseret]]. <ref> Ben Ish Chai (Vayishlach 7), Kaf HaChaim 1:13, and Halacha Brurah 1:8 quote this list of days that there's no Tikkun Chatzot. Of course one doesn't say Tikkun Chatzot on [[Yom Tov]] Sheni Shel Galiyot just like the first day [[Yom Tov]]. However, Chesed LaAlafim 1:2, and Kaf HaChaim Palagi 3:34 write that one does say Tikkun Leah on [[Yom Tov]]. </ref><br />
# On the following nights no Tikkun Rachel is said, but Tikkun Leah is still said: days when there's no Tachanun, Chol HaMoad Sukkot, Asert Yemei Teshuva, year of Shemittah in Israel, day after the Molad before Rosh Chodesh, <ref> Ben Ish Chai Vayishlach 5, Kaf HaChaim 1:11, Halacha Brurah 1:9 write that the night of the day of the molad has only Tikkun Leah even if it's not the day of Rosh Chodesh itself. For example, Rosh Chodesh Sivan 5770 falls out on Friday May 14th 2010 and the molad falls out on Thursday May 13th 2010. If the Molad and Rosh Chodesh coincide then there's no Tikkun Rachel because there's no Tachanun on Rosh Chodesh. </ref> and days of Sefirat HaOmer. <ref> Ben Ish Chai Vayishlach 5, Kaf HaChaim 1:11, and Halacha Brurah 1:9 </ref><br />
# In the following cases no Tikkun Rachel is said: at a mourner's house, the house of a groom, and the father, Tzandak (holder of the baby), Mohel of a Brit Milah. <ref> Kaf HaChaim Palagi 3:35, Ben Ish Chai Vayishlach 5, Kaf HaChaim 1:11 </ref><br />
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==What texts should be said?==<br />
A free copy of the text can be found at https://docs.google.com/viewer?url=http://www.briskodesh.org/PDF/tikkun-chatzos.pdf<br />
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==References==<br />
<references/></div>ChachamYhttps://halachipedia.com/index.php?title=Kotzer&diff=3766Kotzer2011-12-02T19:36:46Z<p>ChachamY: </p>
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<div>==Uprooting or severing a plant==<br />
# Uprooting or severing any part of a living plant is forbidden on Shabbat under the category of Kotzer (Harvesting). <ref>39 Melachos (Rabbi Ribiat, vol 2, pg 281), Shemirat Shabbat KeHilchata 26:10 </ref><br />
# It is forbidden to break a branch off a tree, remove a leave, pick a fruit or flower from a tree on Shabbat. <ref>39 Melachos (Rabbi Ribiat, vol 2, pg 281), Shemirat Shabbat KeHilchata 26:10 </ref><br />
==Fruit==<br />
# Picking a fruit on Shabbat is forbidden. <Ref>S”A 336:12 </ref> However, one may remove a fruit from a branch which was detached from the tree from before Shabbat. <ref>Shemirat Shabbat KeHilchata 26:10 quoting Rama 336:8, Biur Halacha 336:8 D"H SheNishpach writes that one shouldn't remove a fruit unless the branch is completely detached from the tree. Shemirat Shabbat KeHilchata (chap 26 note 38) quotes a dispute between the Machsit HaShekel and Pri Megadim whether one is allowed to remove leaves from a branch that was detached from the tree from before Shabbat. </ref><br />
# It is forbidden to detach fruit whether it is fully ripened or shriveled. <ref>39 Melachos (Rabbi Ribiat, vol 2, pg 289) </ref><br />
# It is forbidden to pick mushrooms or remove moss from a rock it is growing on. <ref> 39 Melachos (Rabbi Ribiat, vol 2, pg 283), Shemirat Shabbat KeHilchata 26:10 </ref><br />
==Vegetables and seeds==<br />
# One may not remove bean sprouts from the moist environment of the container if it has struck root. Therefore, one should make sure to remove the sprouts from the jar from before Shabbat. <ref>39 Melachos (Rabbi Ribiat, vol 2, pg 283-4) </ref><br />
# However, if one left vegetables on a damp floor and they sprouted (which is common in onions and potatoes) one may pick up the vegetables (as long as it is not [[Muktzeh]], however, raw potatoes are [[Muktzeh]]). Additionally, one may cut off these sprouts on Shabbat (but one should be beware not to violate [[Borer]] and so one should cut off the sprout with a part of the bulb). However, if vegetables sprouted in a dirt floor one would not be allowed to removed them. <ref>39 Melachos (Rabbi Ribiat, vol 2, pg 285-7) </ref><br />
# One may carry seeds (that are not [[Muktzeh]]) that did not begin to sprout across a lawn, however, once the seeds began to sprout one may not carry it across the lawn. <ref>39 Melachos (Rabbi Ribiat, vol 2, pg 288) </ref><br />
# If a seed fell on the ground one may pick it up if it has remained on the soil for less than 2 or 3 days and according to some views it also not have been covered with dirt for growing purposes. <ref>39 Melachos (Rabbi Ribiat, vol 2, pg 288-9) </ref><br />
==Walkingn on plants==<br />
# One should avoid running through tall grass or shrubs because there it's likely some grass will be uprooted. <ref>39 Melachos (Rabbi Ribiat, vol 2, pg 291) quoting Biur Halacha 336:3</ref><br />
# One may not walk on delicate plants such as flowers whose stems will snap if stepped on. <ref>39 Melachos (Rabbi Ribiat, vol 2, pg 291) </ref><br />
# It is forbidden to kick a dandelion because doing so will detach the pollen from the plant. <ref>39 Melachos (Rabbi Ribiat, vol 2, pg 291) </ref><br />
==References==<br />
<references/></div>ChachamYhttps://halachipedia.com/index.php?title=Lighting_Chanukah_Candles&diff=3758Lighting Chanukah Candles2011-11-30T17:50:13Z<p>ChachamY: </p>
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<div>[[file:Chanuka.png|right|''A Chanukkiya lit on the eighth night'']]<br />
In the time of the second Bet Hamikdash, the Greek kings made decrees against the Jews in order to make them forget Torah and Judaism. They broke into the Bet Hamikdash and defiled it until Hashem had mercy on the Jews and saved them. The salvation came through the Chashmonaim who were victorious over the Greeks and served as Cohanim Gedolim. They returned to the Bet Hamikdash and only found one pure flask of oil which was enough to light for only one day. A miracle occurred and it lasted 8 days. On the day that they found the flask, on the 25th of Kislev, the Rabbis established a holiday, 8 days of festivity and joy, called Chanuka. <ref> Shabbat 21b, Rambam Chanuka 3:1-3</ref><br />
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== Mitzvah of Chanuka Candles==<br />
# The mitzvah to light candles is a very special and dear mitzvah. Even a poor person should rent or sell his clothing or hire himself out in order to get enough for at least one candle for every night. The Gabbai tzedaka (local charity distributor) needs to make sure that the poor have money for at least one candle every night. <ref>Rambam Chanuka 4:12, S”A 671:1. The Mishna (Pesachim 99b) which says a poor person can take from the Tamchui (the charity fund) for 4 cups of wine on pesach, the gemara explains is because of Pirsumeh Nisa, publicizing the miracle. Maggid Mishna (Chanuka 4:12) says from here Rambam learns all the more so is there publiczing the miracle by candles of Chanuka. The Lechem Mishna ibid argues the law of publicizing the miracle by Chanuka is just equal to the 4 cups of wine. Sh”t Kanaf Ranana O”C 84 explains the Miggid Mishna that Chanuka candles are more important since it’s the only way to publicize compared to pesach where there’s an entire seder. </ref> <br />
# The minimum requirement of candles is one candle per house every night. The practice is to do this mitzvah in the most beautified (Mehadrin) which means that one candle for every person in the house every night is lit. The best (Mehadrin Min HaMehadrin) way to fulfill this mitzvah is according to Sephardim, for one person per house to light one candle on the first night and to add another candle each night and according to Ashkenazim, for every person to light for themselves one candle on the first night and to add another candle each night. <ref> Shabbat 21b as understood by Sephardim and Ashkenazim. Rambam (Chanuka 4:1-2) rules that each night one adds one candle for each member of the household. [He adds that the Minhag of Spain is to only light add one candle every night per household.] So holds Rabbenu Yehonatan in name of Ran (Shabbat 21b), Piskei Riaz (Shabbat 2, Chanuka 5), Rif explained by Buir HaGra 671:4. However, Tosfot (Shabbat 21b D”H VeHaMehadrin) in name of the Ri writes that one should only have one increasing per household so that it’s recognizable what night of the Chanuka it is. So writes Mordechai (Shabbat 270) in name of the Ri, Meiri (Shabbat 21b) that such is the Minhag, Ran (ibid.) in name of Raah, Tur(671). Ritva (Shabbat 21b) brings both explanations of the Gemara. S”A 671:2 holds like Tosfot and Rama ibid. holds like Rambam. Interesting Points: The Taz 671:1 writes that here is a case where Ashkenazim follow Rambam and Sephardim follow Tosfot. Chemed Moshe 671:4 argues that the Rambam concludes so is the Minhag not like the ruling, meaning it’s an old practice even before his time. The Torat HaMoadim (Chanuka pg 18) brings the Rama in Darkei Moshe 671:1 who says the Ashkenazi practice goes even according to Tosfot since the candles are indoors and separate. Tzeddai Chem (Chanuka 9:4) argues that the Ashkenazic practice for each member of the household to light isn’t like the Rambam who says that one person lights for everyone according to the number of people. For this reason many challenge the Rama who quotes his ruling in name of the Rambam including Maamar Mordechai 671:4, Bet Halevi on Torah (Chanuka pg 69). Yet, the Sh”t Maharil 145, Sh”t Trumat Hadeshen 101, and Sh”t Mahari Mebrona 50 hold like the explanation held by the Rama and could be sources for his opinion. Also, the Alfasi Zuta (Shabbat 2 beginning) says that the Rama is following the idea of the Rambam to light according to the number of household members but in order to satisfy Tosfot’s issue of being recognizable, every person lights instead of one person lighting.</ref><br />
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==Getting benefit from the light of the candles==<br />
# It’s forbidden to get benefit from the light of the candles for the first half hour, even on minimal tasks like checking the value of a coin. <Ref> Shabbat 22a brought by S”A 673:1 writes that it’s a disgrace to mitzvah to benefit from the candles. Sh”t Ginat Veradim (Began HaMelech 42) writes that the prohibition applies equally to the new candle of mitzvah and extra candles of Hidur. So rules Bear Hetiev 673:2, Sh”T Ketav Sofer O”C 133, and Simchat Yehuda (Masechet Soferim 20:6). </ref><br />
# However a minimal task that’s for a mitzvah is permitted, but learning by the light of the candles isn’t considered a minimal task. <Ref> Biur Halacha 673:1, quoted by Yalkut Yosef (Kitzur S”A 673). </ref> <br />
# Therefore it’s the Minhag to light a Shamash so that if one does use the light of the candles it’ll be permitted because of the Shamash. <Ref> Yalkut Yosef (Kitzur S”A 673) </ref><br />
# The Shamash should be placed slightly higher than the other candles or recognizable distant from the others. <Ref> Yalkut Yosef (Kitzur S”A 673)</ref><br />
# Nowadays when we have electric lights if the lights are on some say one doesn’t need a Shamash and some say it’s still part of the Minhag. <Ref> Rav Kanievsky (Sefer Yamei Hallel VeHodah 25 note 11) says that the Minhag applies even if there’s electric candles. Rav Shlomo Zalman Aurbach (Berchat Moshe; quoted by Halichot Yosef pg 319) says if there are electric lights one doesn’t need a Shamash. </ref><br />
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== If done incorrectly==<br />
# If one missed lighting one day it can’t be made up and the next night one should light the number everyone else is lighting. <ref> S”A 672:2. Siddur Rashi 316 pg 151 quotes Rabbenu Yitzchak Bar Yehuda who says that there’s no make up for a missed day, otherwise those who see will think you’re violating the words of the Rabbis. So writes the Tur 672. There’s a dispute whether this means that since it can’t be made up one doesn’t light the next night or one lights like the rest of the world. The Sh”t Maaseh Geonim (55 pg 43) quoting Rabbenu Yitzchak Bar Yehuda that the next night one lights like everyone else. (Thus, Rabbenu Yitzchak means not to light the amount of the night he missed with the amount of that night because that would look like he’s going against the Rabbis); So hold Mordechai 2:268 explained by Sh”t Maharil 28, Agudah (Shabbat 31), Roke’ach 226 pg 128, Shibolei Leket 186, and Pardes Hagadol 199. However, Sefer Minhagim in name of Meharar MeMerizberg writes that the next night one should light the number of candles you missed last night. [He understood Rabbenu Yitzchak quoted by the Tur that one can’t add 8 candles on the 9th night.] Darkei Moshe 672:3 holds like the Agudah and Rokeach against the Maharam.</ref><br />
# If one lit two candles on the first night, he fulfills his obligation and doesn’t have to relight the right number of candles. <ref> Sh”t HaElef Lecha Shlomo O”C 380 says adding to the number doesn’t ruin the mitzvah as the Rama 263 says by Shabbat candles. However, Sh”t Ohel Moshe 69 and Sh”t Mishna Sachir O”C 199 argue since he lit the wrong number someone seeing this will think he didn’t lit it for Chanuka candles just for light. Yet, the Pri Chadash 675 says one who extinguishes the candles fulfills the mitzvah since the candles are in a Chanukiya that’s only used for Chanuka it’s recognizable that he lit for Chanuka. Also, Eliya Raba 671:7 says the first night doesn’t need to illustrate the number of the nights. Sh”t Lehorot Natan 2:51, Sh”t Shraga HaMeir 4:73, 5:75(1), Sh”t Shevet Hakehati 1:202 hold like Sh”t HaElef Lecha Shlomo. Chazon Ovadiah (Mitzvah Hadlaka 6, pg 29) agrees and adds that one who repeats and makes a bracha is making a bracha levatala.</ref><br />
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== Who’s Obligated?==<br />
# Women are obligated in Chanuka candles since they too were part of the miracle of Chanuka. Thus a man who is away traveling he should have his wife light at home for him to fulfill his obligation. Even if he will come that night later than tzet hakochavim (the night to light Chanuka candles), he should still have his wife light. Ashkenazim who have the Minhag that everyone in the household lights and they are able to light where they are should light without a bracha. <ref> S”A 565:5 says that women are obligated in Chanuka candles based on Shabbat 23a, Rambam (Chanuka 4:9), and Tur 565. Piskei Maharam Riketani (154) holds women can fulfill a man’s obligation on his behalf. So holds Rabbenu Yerucham 9:1, Rokeach Chanuka 226:3, Ritva and Meiri (Shabbat 23a, Megilah 4a), Maharil (Chanuka pg 407). Levush (675), Bach (675), Taz(675:4), Magan Avraham 675:4, Olot Shabbat 675:1, Pri Chadash 675:4, Eliyah Raba 675:6, Sh”t Shar Efraim 42, Shulchan Gavoha 675:6, Mor Ukesia 675:6, machzik Bracha 675:4, Mishna Brurah 675:9. Sh”t Yechava Daat 3:51 writes that since some rishonim and achronim hold one can only light at tzet hakochavim one should let his wife light at the right time and fulfill his obligation according to all opinions. The Yechava Daat holds like the Chaye Adam 154:33. Kaf Hachiam 676:25. Chaye Adam adds that Ashkenazim can light without a bracha. Interesting point: S”A 689:2 says a women can read the megillah to fulfill for a man his obligation of megillah, and some hold otherwise. [Bahag (quoted by Tosfot Megilah 4a, Erchin 3a) and Morchedai 4a in name of Ravyah (Megilah 569,843) hold women can’t fulfill the obligation of a man, but Rashi Erchin 3a, Or Zaruh 2:324, Rambam(Megilah 1), Rif (quoted by Sefer Eshkol 2:30) hold a women can fulfill obligation of a man]. However Smag (brought by Magan Avraham 589:5), Itur (Megilah 113d), Eshkol 2 pg 30 differentiate between Megilah which is like Torah reading but by Chanuka women can fulfill the man’s obligation according to everyone. Also Torat Moadim Chanuka pg 40 says the Behag only held a women can fulfill megilah for a man since a women’s obligation is derebanan and a man’s is from divrei kabalah (Ketuvim). Similarly, Sh”t Maharash Halevi O”C 24 says Chanuka isn’t an obligation on each person but on the household and so a women can fulfill it for a man. Thus even those who say by Megilah a woman can’t fulfill a man’s obligation agree by Chanuka. </ref><br />
# A deaf and mute, insane, or child not bar/bat-mitzvah isn’t obligated to light and so can’t fulfill the obligation of someone who is obligated. However a deaf who can speak is obligated and can fulfill the obligation of others. <ref> Shabbat 23a says a deaf, insane person, and child isn’t obligated. So holds Rambam (Chanuka 4:9), Tur and S”A 675:3. The Mishna Trumot 1:2 defines deaf in Talmud as deaf and mute, but someone just deaf is obligated like anyone else. So quotes Pri Megadim M”Z 670:5, Mishna Brurah 675:12, and Torat HaMoadim 2:19. There’s a dispute whether a child who is at the age of Chinuch can fulfill the obligation of an adult. Bet Yosef 675e quotes the Ran (Shabbat 23a) in name of the Itur (Chanuka pg 116a) that a child can fulfill the obligation of an adult. So writes the Shibolei HaLeket 185, Orchot Chaim (Chanuka 12). However Meiri writes that he disagrees with the Rabbis of Provincia who say a child at age of chinuch can fulfill the obligation of an adult. [Seemingly, this is the opinion of Tosfot (Megilah 19b concerning megilah) that a double derabanan (child only obligated on a chinuch level and it’s only a derabanan mitzvah) can’t fulfill the mitzvah of one obligated on level of rabanan (adult for a mitzvah derabanan). The Tur 689 writes that so is the opinion of the Bahag and Rosh. However Bet Yosef 53 in name of Sh”t HaRashba 1:239, and Raavad disagree with Tosfot.] S”A 675:3 says a child isn’t obligated to light but some permit “a child at age of chinuch to fulfill the obligation of others” Yet, it’s a dispute in the Achronim whether S”A meant it as “Setam and then Yesh Omerim” (anonymous and then a disagreeing opinion) in which case we hold like the anonymous opinion or that it’s not a dispute but the “some say” was just explaining the first line. Magan Avraham 689:4 (as understood by Pri Megadim A”A 689:4), Sh”t Zivchei Tzedek 3:41 say that S”A meant the “some say” is just explanatory. However, Yaavetz in Mor U’Kesia 689 understands S”A that we hold like the anonymous opinion. So holds Sh”t Kol Gadol 100, Chelko Shel Yedid pg 58b, Sh”t Olat Shmuel 105e, Pri Chadash 675:3, Ben Ish Chai Veyeshev 19, Mishna Brurah 675:13, and Torat HaMoadim 2:19. </ref><br />
# A blind person is obligated in lighting. If he’s married, his wife should light for him, if he lives alone he should light. <ref> Sh”t Maharshal 76, Magan Avraham 675:4, Eliyah Raba 675:7 write that a blind is obligated and preferably should fulfill it through joining with other house members or his wife, otherwise they can light own their own. </ref><br />
# Even though a child, who is the age of chinuch but not bar/bat mitzvah, can’t fulfill the obligation of others, the one making the bracha can light the first candle and then let the child light the other candles. However a child who isn’t at the age of chinuch, shouldn’t light any of the candles except for the Shamash. <ref> Levush 671, Yaavetz in Mor U’Kesia 671, and Ben Ish Chai Vayeshev 18 hold the making the bracha should light all the candles. However Sh”t Maharshal 85, Magan Avraham 671:11, Mishna Brurah 671:49, Ruach Chaim 671:3, and Torat HaMoadim 2:20 (he writes that his father Rav Ovadyah Yosef would hold his hands while lighting in order to satisfy all opinions). </ref><br />
# A mourner in the first 7 days can light and make Brachot [however he shouldn’t light in shul on the first night because of the Shechianu, even in the 30 days of mourning or 12 months for a parent.] <ref> Sh”t Maharam Mintz 43, Sefer Mnhagim of Rav Yitzchak Tirna (Yom Kippur 155), Taz 671:8 write that a mourner shouldn’t light in shul the first night because of Shechiyanu. The Nodea Benyehuda Tanina O”C 141 writes that at home one can light even the first night with shechiyanu. So holds Machzik Bracha 671:10, Birkei Yosef Y”D 205:14m,Bet HaRoeh pg 59, Chatom Sofer on S”A 671, Chaye Adam 154:17, Sh”t Binyan Olan O”C 35, Sh”t Olat Shmuel 106, Sh”t Machane Chaim Y”D 2:61, Sh”t Rav Poalim O”C 4:36, Siddur Bet Ovad pf 160b:2, Kemach Solet 137d, Shulchan Lechem HaPanim 676e, Mishna Brurah 671:44, and Kaf HaChaim 671:73. </ref><br />
# A mourner on the first day is exempt as he is exempt from all mitzvoth and so he should have a household member who isn’t a mourner light with a bracha, if that’s not possible, he should have another person light without a bracha. <ref> Eliyah Raba 670:19 writes one should have someone else light and answer amen. However, Erech HaShulchan 670:3 writes one should light without a bracha. Kaf Hachaim 670:20 explains that this is only a dispute if the first-day mourner is alone, otherwise his wife or a household member can fulfill for him his obligation. Pri Megadim M”Z 670:5 agrees with Eliyah Raba but argues that one can’t answer amen as in S”A Y”D 341 where we follow the anonymous opinion that a first-day mourner doesn’t answer amen. Torat HaMoadim 2:24 agrees with Erech HaShulchan. </ref><br />
# A convert can make all the Brachot and say “She’assa Nissim Le’avotenu” but if he wants can change it to say “She’assa Nissim LeYisrael”. <ref> Sh”t Rambam (Pasya edition 158, Kisei Nirdamim Mehuderet Fredman 42, Mehuderet Belav 293) writes that a convert can say all of the Brachot like every Jew because he converted he becomes a descendant of Avraham and part of the Jewish people for all their history, however if he wants to change the brachot that relate to the Jewish history such as Yetsiat Mitzrayim, and Chanuka. So quotes Sh”t Rashba 7:54, Hagot Mordechai Megilah 1:786, Sh”t Ridvaz 5:520; Torat HaMoadim 2:25 says this is also the opinion of S”A based on S”A O”C 53:19, 199:9. </ref><br />
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==Who should rely on the household’s lighting?==<br />
# A married woman should rely on her husband’s lighting. Unmarried girls who in still live at in their father’s home can rely on their father’s lighting even according to the Ashkenazic custom. If they want to light, Ashkenazim can light with a Bracha. <ref> A married women is exempt by her husband because “Ishto Kegufo Dami”(a husband and wife are like one person). So writes the Maharshal 88, Knesset Hagedolah 671, Mateh Moshe 982, Eliya Raba 671:3, Machasit Hashekel 675:4. Mishna Brurah 675:9 quotes this in name of Sh”t Olot Shmeul 105 and says if women want they can light with a Bracha like any mitzvah for which one’s exempt according to the Ashkenazi Minhag. Mishmeret Shalom 48 says since a married woman doesn’t light and relies on her husband, her daughters also don’t light as derech eretz. Similarly, Chiddushei Chatom Sofer (Shabbat 21b D”H Vehamehadrin) writes since the practice used to be to light outside it wasn’t Derech Eretz for women to light if her husband is already lighting and since then the Minhag hasn’t changed. Ashel Avraham Mebustatesh 675:3 says according to kabbalah women don’t light (unless they have to). However it seems as the minhag is that Ashkenzic unmarried girls also light.</ref> <br />
# According to Sephardim, members of the household that are dependant on their parents fulfill their obligation with the one lighting of the household even if they aren’t home such as children in yeshiva or in the army that don’t sleep at home don’t light where they sleep. However, Ashkenazi Minhag is for single children to light themselves even at home and certainly when not sleeping at home. <ref> S”A and Tur 677:1, based on Shabbat 23a, and Rambam (Chanuka 4:11) rule that a dependant is exempt with his household’s lighting. However, Rambam, Tur, and S”A add that if he has his own household, he should light so people don’t suspect him of not observing Chanuka. However Sh”t Rashba 1:541, Orchot Chaim Chanuka 13, Smak 280, Sefer Trumah 228, Hagot Maimon Chanuka 4:30, Ritva (Shabbat 23a), Mordechai (Shabbat 2:226), Ohel Moed (Chanuka) Shibolei HaLeket 185 say that there’s no suspicion of not lighting by a extra doorway nowadays when we light indoors. Sefer HaTrumah (229 Introduction) says clearly students that learn outside their home don’t light if they have someone lighting for them at home. So write Magan Avraham 677:1, Sh”t Yechava Daat 6:43, and Chazon Ovadyah (Chanuka pg 144-151). Meiri Shabbat 23a and Orchot Chaim (Chanuka 14) say an older and married child should light for themselves. </ref><br />
# A married man traveling should have his wife light for him at home and not make the Bracha of Sh’asa Nisim nor Sh’chianu even when he returns home. <ref> S”A 676:3. There’s a dispute in the Rishonim whether one makes a bracha for seeing Chanuka candles if he is fulfilling his obligation with that which they light for him at home. Rashba (Shabbat 23a), Sefer HaHashlamah (Shabbat 23a) in name of Rabbi Asher MeLunil, Smag(Chanuka 250d), Ran(10b D”H Amar Rav Chiya), Tur 676:3, Magid Mishna (Chanuka 3:4) in name of Itur (2 pg 117c), Rosh (Shabbat 8) imply that one doesn’t make a bracha if one is fulfilling his obligation through his household. However Rambam (Chanuka 3:4), Magid Mishna in name of some Geonim, Ravyah 3:843, Riaz (Shabbat 23a), Meiri, Sefer HaMeorot (Shabbat 23a), Orchot Chaim (Chanuka 9) hold that one can make a Bracha even if one is fulfilling his obligation with his house’s lighting. S”A rules 676:3 that one doesn’t make Bracha HaRoeh if is fulfilling his obligation at home. Against the S”A the following rule that one should make the Brachot HaRoeh: Sh”t Maharshal 85, Bach 676:3 (in name of Rif, Rambam, Smak, Rosh, and Aguda), Eliyah Raba Pri Chadash, Biur HaGra, Chaye Adam 154:33. However Shirei Knesset HaGedola 677:3, Taz 676:4, Magan Avraham 676:1, Shulchan Gavoha 676:5, Birkei Yosef 676:3, Mishna Brurah 676:6, and Torat HaMoadim 2:15 rule that one doesn’t make a bracha because of Safek Bracha. </ref><br />
<br />
== Should a guest light candles?==<br />
# A guest at a friend’s house, who doesn’t have anyone lighting for them at home, must chip in (a prutah’s worth) with the owner of the house for the Chanuka candles so that the owner will give him a portion of the candles, either with a kinyan or as a gift, [and the owner will add some oil for the guest] and will fulfill the obligation of the guest. According to Ashkenzim, if he has his own doorway (to outside) he should light by himself, and even if he doesn’t have his own doorway it’s preferable to light by himself. <ref> S”A 677:1 says that a guest fulfills his obligation with a portion of the oil, based on Shabbat 23a, Rambam Chanuka 4:11, Tur 677. S”A 677:1 based on Rif 23a rules because of suspicion one should light in a second doorway. However Rama says that nowadays we don’t have this suspicion because we light indoors. So agrees many achronim including Sh”t Maharshal 85, see Sh”t Yechava Daat 6:43. Thus a guest shouldn’t need to light for himself. However Sh”t Mahariv (Likutim 31), (quoted by Magan Avraham 677:3, Mishna Brurah 677:7) says since there’s no suspicion everyone lights indoors and even the guest. Kaf Hachaim adds that the Sh”t HaRashba 1:542 one needs a portion of the oil and the wicks. Yad Aharon 677, Sh”t Ginat Veradim (Gan HaMelech 40), Pri Megadim (A”A 677:1), Mishna Brurah 677:3 rule that any amount is sufficient against Eliyah Rabba(677:1,2) who says that one must chip in the amount of oil to burn for a half hour. Sh”t HaRashba 1:542, Magan Avraham 677:1, Pri Chadash 677:1, Eliyah Raba 677:2, Derech HaChaim 677:2, Mishna Brurah 677:3 say that the owner can give him the portion even as a gift. Agudah (Shabbat 2:32), Bach 677, Magan Avraham 677:1, say that the owner should add some oil because of the guest. Pri Megadim and Derech Hachaim rule it’s enough the owner add a little bit against the Eliyah Raba who says the owner should add the amount the guest gave and Machasit HaShekel who says the owner should add an half hour’s worth. </ref><br />
# A household member who is a guest in a friend’s house but have someone lighting for them at home, according to Sephardim may light but without a bracha, even if they have in mind not to fulfill their mitzvah with their house’s lighting. According to Ashkenazim, one should light by oneself and have what to rely on if they want make such as bracha. <ref> There’s a dispute whether one can have in mind not to fulfill his obligation with his house’s lighting. Sh”t Trumat HaDeshen 101, Sh”t Sh”t Maharil 145, Agur 1036, Rama 677 hold one can have intent not to be exempt and since there’s a doubt whether his house will light with him in mind he can make a bracha for himself. So agree the Levush (677:1), Olat Shabbat 677:1, Taz 677:1, Magan Avraham 677:9, Eliyah Rabba 677:4, Sh”t Tevuot Shemesh O”C 7. However Bet Yosef 677 says one can’t rely on the Trumat HaDeshen to make an unnecessary Bracha. So hold Sh”t Maharshal 85, Pri Chadash 677:1, Mateh Moshe 983, Sh”t Zera Emet 1:97, Chaye Adam 154:33, Mishna Brurah 677:16 say that it’s better one doesn’t make a bracha. That applies for Ashkenazim. However for Sephardim who always rely on the house’s lighting can’t have in mind not to fulfill your obligation. Knesset Hagedolah understands Bet Yosef as it’s not forbidden as Bracha Levatala but just an issue of Bracha Sh’eina Tzaricha; however the Birkei Yosef 677, Maamer Mordechai 677:5 argue that shouldn’t make such a bracha; so hold Sh”t Sadeh Eretz O”C 42, Sh”t Chesed LeAvraham Alkelai O”C 24, Sh”t Zivchei Tzedek 2:37, Sh”t Yechava Daat 6:43 (who says that he personally asked Rav Ezra Attiah this question), and Torat HaMoadim 2:6. </ref> <br />
# A Sephardic household member who is exempt with the house’s lighting even if he is in Israel and his household is in America where they will only light many hours later. If one wants to light one can light at Tzet in Israel with a bracha. <ref> Yalkut Yosef (Moadim pg 231), Torat HaMoadim 2:7, and Sh”t Mishna Halachot 6:119 explain that according to many that hold the obligation is only on the household, he fulfill his obligation, but the Bach who holds there’s an obligation on each individual, may also hold that one should light in his timezone, but concludes that he fulfill his obligation with his household even according to the Bach. However Sh”t Minchat Yitzchak 7:46 says because of the doubt one should have in mind not to fulfill his obligation with his house’s lighting. However because of the dispute between posikim about whether that will enable one to make a bracha (see previous footnote), one shouldn’t have in mind not to fulfill his obligation with his house’s lighting. Chazon Ovadyah pg 150 and Pri HaAretz 1:9 pg 6d say if one wants, one can light with a bracha at Tzet in Israel because his family didn’t light for him in America yet. </ref><br />
# A guest can intend not to join with the owner’s lighting and light for himself with a bracha. However if he is totally dependant on the house owner such as where one doesn’t pay for expenses or he only pays for some expenses but not for every need, according to Sephardim, he may not have intention to not to fulfill his obligation with the owner’s lighting, but he is allowed to light by himself without a bracha, but according to Ashkenazim he may intend not to be part of the owner’s lighting and light by himself with a bracha. <ref> Rabbenu Chananel (Shabbat 23b), Tur 677, Meiri (Shabbat 23a), Itur (2 Chanuka pg 116c), Ran (Pesachim 6b) imply that one is allowed to intend not to be part of the owner’s lighting and light by oneself. However Darkei Moshe 677:2 quotes the Mahari (Yalkutim 31), Sh”t Maharil (145e), Mishna Brurah 677:3 who say it’s preferable for a guest to light for himself. However for Sephardim since some hold that he is included in the household members who are exempt with the owner’s lighting, one shouldn’t light independently because of Safek Brachot. So holds Torat Moadim 2:12. </ref><br />
# An older child who is independent of his parents or a son-in-law who come for Chanuka, according to Ashkenazim, should light for himself, but according to Sephardim should rely on the owner of the house and not by himself. <ref> See previous footnote. </ref><br />
# A Sephardic household member who is independent from his parents in that he doesn’t live at home, (or if he has no parents), should light on his own. However if he’s living in Yeshiva or college with other Jews he should intend to fulfill his obligation with the Yeshiva’s lighting or join with some friends and have them lighting for him. Thus they shouldn’t make a bracha on their own lighting. <ref> Since he isn’t exempt from his house’s lighting he must light on his own. However, Sh”t Ginat Veradim says the rule that a guest must chip in for the Chanuka candle expenses to fulfill his obligation (S”A 677:1) only applies to a guest who pays for all his expenses like food and board, but a student in Yeshiva or College who can rely on them for all his needs and doesn’t account for every expense, doesn’t need to chip in for the Chanuka candles since they definitely allow him a portion of the candles. So holds Yad Aharon, Shulchan Gavoha, Kiseh Eliayahu, Shulchan Aruch HaRav 263:9, Kaf Hachaim 677:3, Sh”t Yechava Daat 6:43, and Torat HaMoadim 2:8 (who says he personally asked his father, Rav Ovadyah Yosef). On the other hand, Pri Megadim A”A 677:3 and Mishna Brurah 677:4 disagree with the Ginat Veradim and hold any guest needs to chip in for the Chanuka candles. See Sh”t Bet David O”C 472, Sh”t Chesed LeAlafim Alkelai O”C 24, Sh”t Zivchai Tzedek 2:27, Sh”t Rav Poalim 2:50, Sh”t Mishnat Halachot 7:87. </ref><br />
# A guest who is relying on the home owner and the home owner asks him to light, he can light for everyone with a bracha. <ref> Torat HaMoadim 2:13 quoting his father, Rav Ovadiah, based on the fact that one can appoint a Shaliach to light for him and all the more so if the Shaliah is a household member. So holds Rav Elyashiv (Kuntres Halichot VeHanhagot, quoted in Halichot Yosef pg 244), Sefer Chanuka of Rav Kenievsky 13:14b. </ref> <br />
# A guest of a motel or hotel which is just for guests and not a home owner, needs to light for himself (unless theirs is someone lighting for him at home). <ref> Torat HaMoadim 2:14 says a hotel guest doesn’t have the laws of a guest at his friend’s house because he’s not living with the owner of the house and he’s renting his own room. So holds the Chovat Hadar 39. Implied from Piskei Riaz (Shabbat 23a), Piskei Rid (Shabbat 23a), and Shebolei HaLeket 185 that there’s an obligation on a renter even if it’s a just a room in a house. </ref><br />
# Two people who live in a one apartment if they eat together and pay for the food together, they should light one set of candles (in which they both have a potion) and switch off with who should do the Bracha. If they pay for their own food separately even if they are family members they should light separately. <ref> Sefer Pardes Gadol 199e, Sh”t Maaseh Geonim 44, and Shiboeli HaLeket 185 bring a dispute between Rabbenu David who hold that two people living in one house should light separately and Rabbotenu who said that they can light together. Torat Hamoadim 2:17 explains that this dispute concerns two people who have separate funds for food because otherwise it’s untenable why Rabbenu David requires separate lighting, however if they didn’t separate the cost of food everyone agrees that they can light together. Magid Mishna (Chanuka 4:4), Pri Chadash 677:1, Sh”t Shaarei Yehoshua O”C 7:4 agree with Rabbenu David. However, Sefer HaTrumah 229, Eliyahu Zuta 671:6 in name of Tosfot, Levush 677:3, Pri Megamdim A”A 678:3, and Ben Ish Chai Vayeshev 17 agree with Rabbotenu. Mishna Brurah in Biur Halacha (677:1 D”H Imo) quotes this dispute and doesn’t rule on it. Torat HaMoadim 2:17 advises that since everyone agrees that one can light separately and it’s dispute whether one can light together one should light separately to satisfy all opinions. </ref><br />
# Someone who doesn’t have a house and isn’t a dependant of someone’s house, can’t light candles. If he eats at someone’s house, he can light without a bracha or join in the lighting of the owner (by paying for a portion of the candles). However he can make the Brachot HaRoeh for seeing the candles (She’assa Nisim and Shechianu on the first night). <ref> Rav Moshe Feinstein in Igrot Moshe Y”D 3:14(5) based on Rashi (23a D”H HaRoeh) and Torat HaMoadim 2:18 based on Tosfot (Sukkah 46a D”H HaRoeh) rule that someone who doesn’t have a house doesn’t light and can only make Brachot HaRoah. [It seems, Sh”t Tzitz Eliezer 15:29 holds one should light even if he doesn’t have a house.] Bach 677 D”H “U’Mah Shekatav HaRosh” implies if not for suspicion one can light in the place he ate. However Taz 677:2 argues that one can not light in the place he ate. Thus one can only light without a Bracha (Safek Brachot Lehakel). </ref><br />
# If one is eating at someone’s house (even if it’s one’s parents) on Friday night Chanuka, and is going to sleep at home that night, should light at home after Plag HaMincha. <Ref> Yalkut Yosef (Kitzur S”A 672:11) </ref><br />
# A guest on Chanuka according to Ashkenazim should light one’s own Chanukia. However there’s a dispute as to how long of a stay at someone’s house allows one to light there: some say one must be there for all 8 days, while some say that it’s enough to be there for 1 day. <Ref> Biur Halacha quotes the Pri Chadash who gives the example of a guest who stays in a home for all 8 days of chanuka. Rav Elyashiv (Shevut Yitzchak Chanuka pg 110) holds that one needs to be there 8 days in order to have some connection to that house in order to light there. [See Rav Shachter at yu.edu who also holds this.] Rav Wosner (Piksei Shemuot pg 136), Rav Shternbuch (Sh”t Teshuvot VeHanhagot 1:391), and Rav Shlomo Zalman (Halichot Shlomo 14:18, 19) hold that one only needs to be there for one day in order to light there. </ref><br />
# Another option is to join with the owner of the house by giving a coin in order to acquire a portion in the candles. Some say one needs to mnake a קנין in order to acquire a partion of the candles, while others disagree. <Ref>Shaar HaTzion 677:9, Piskei Teshuvot 677, Peninei Halacha pg 18 </ref>The guest should hear the Brachot. <Ref>Mishna Brurah 677:4 </ref><br />
# Otherwise, one can appoint a שליח to light for oneself at home. <Ref> Shevut Yitchak pg 110, Mishna Brurah 677:14 </ref><br />
<br />
== Brachot HaRoah (Seeing)==<br />
# Someone traveling all night in a car, train, plane, or boat and has no one lighting for him at home should preferably light there without a Bracha and make Brachot HaRoeh. <ref> Rashi 23a D”H HaRoah says one only makes Brachot Haroah when on a boat. So quotes in name of Rashi, Machsor Vitri pg 201, Itur (Chanuka 2 pg 117c), Smag (Chanuka), Smak (280), Ravyah 3:843, Or Zaruah 2:325, Tosfot Rid(Shabbat 23a), and Rosh (Shabbat 2:8). So rules Rav Moshe Feinstein in Igrot Moshe in Rav Moshe Feinstein in Igrot Moshe Y”D 3:14(5). However Sh”t Maharsham 5:144 writes only in an unroofed boat one can’t light but in a train one should light. So rules Rav Tzvi Peasch Frank in Mikra’eh Kodesh (Chanuka 18e), Rav Ovadyah Yosef (Kol Sinai Kislev 5725), Aruch HaShulchan 677:5, Sh”t Mishna Halachot 7:86, and Sh”t Tzitz Eliezer 15:29 (he says one should light even if he’s in an unroofed boat); Torat Hamoadim 2:18 says since there’s a safek for Rashi’s opinion one shouldn’t make the Bracha but can make Brachot HaRoeh. </ref><br />
<br />
== Minimum Measurements==<br />
# The candles only need fuel to burn for a half hour. <ref> Shabbat 21b says the time of Tichle Regel is when the Tarmodeans (merchants) leave, which the Rif says is about a half hour. Rambam (Chanuka 4:5) and Orchot Chaim (Chanuka 15) writes it’s a half hour or (a little) more. The accepted opinion is a half hour. So writes Rosh (2:3, Rabben Yerucham 9:1, Meiri, S”A 672:2, Mishna Brurah 672:1 (who is strict to satisfy all opinions to light by Shekiah and have it last a half hour past Tzet), and Torat HaMoadim 4:5. Some say in name of the Griz that since the Gemara sets the ending time for candles as when people leave the marketplace, nowadays when many people stay at the marketplace late into the night one should have to light longer than a half hour. However, Chazon Ovadiah pg 66, Sh”t Mishna Halachot 4 pg 79, and Sh”t Or Letzion 44 argue that the measure set by Chazal (a half hour) hasn’t changed because of the practice of our time. However, Avodot VeHanagot LeBet Brisk says that the Griz himself challenged that idea when he heard it from another Rabbi in Brisk, yet he lit candles that lasted for very long only as a hiddur mitzvah. Also Yomin DeChanuka and Leket Yoshar say there’s a hiddur mitzvah to light for longer than a half hour. </ref> If one doesn’t have enough for the each Hidur candle, the Hidur candles don’t need to burn for a half hour. <ref> Magan Avraham 671:1 </ref><br />
# A person who is in doubt if his candles will last a half hour can nonetheless light with a bracha. <ref> Smag in name of the Ri, Hagot Maimon (Chanuka 4:2), Ravyah (843 pg 579) in name of Rabbenu Tam hold that no minimum measure is needed (the gemara’s two explanation of ‘Tichleh Regel Min HaShuk’ argue and we hold the first explanation). Similarly, Hilchot and Minhagei Maharash in name of Rimzei HaRosh (quoted by Darkei Moshe 672:1), Piskei Tosfot (Shabbat 89), Leket Yoshar pg 151, Shiltei Giborim(Shabbat 9a:5), Taharat Mayim Shuirei Tahara 8:9, Sh”t Chochavei Yitzchak 1:5(3), Sh”t Bear Tzvi 31 that nowadays when we don’t light for Parsumei Nisa of the public, we don’t need a minimum measure. Thus we have a Safek Safeka(double doubt) perhaps no minimum measure is needed and perhaps even if the measure is nessecary, the candle will last the minimum measure. Chazon Ovadiah (Chanuka pg 67) says if one wants to make a bracha, he can make a bracha with this Safek Sefaka. For more about Safek Safaka BeBrachot see Sh”t Yachave Daat 5:21 (the footnote), Otzrot Yosef 4:3, and Sh”t Chazon Ovadiah 48 pg 866. </ref><br />
<br />
<br />
== Which Chanukia is Kosher and which is preferable==<br />
# One should beautify the mitzvah by using a nice Chanukia. The types of materails in order of their importance are:1)gold 2) silver 3)polished copper 4)red copper 5)iron 6)tin 7)lead 8)glass 9)wood 10)animal bone 11)glazed earthenware 12)unglazed earthenware that’s new 13)shell of a pomegranate 14)coconut shell 15)oak tree bark. <ref> Chesed LeAvraham (2:58 pg 25b), Sh”t Sadeh HaAretz O”C 41, Ikrei HaDaat 35:11, Sadei Chemed (Chanuka 7), Kaf HaChaim 673:60 and Torat HaMoadim 5:16 record this list of importance. </ref><br />
# Unglazed earthenware that was used for lighting candles once shouldn’t be used again because it becomes old looking. However if there’s nothing else it can be cleaned out and reused. Glazed earthenware, glass, and metal don’t need to be cleaned in order to be reused. <ref> Masechet Soferim 20:3 says one can’t use an old vessel, if there’s nothing else one can clean it out and reuse it. Mordechai 2:268 in name of Maharam, Hagot Maimon (Chanuka 4:1), Tur 673, Likutim MeHilchot Amarchal 24b, Shibolei Leket 185, Kol Bo44, and S”A 673:3 say that a metal vessel doesn’t get the status of an old vessel. Torat HaMoadim 5:17 adds glass and glazed earthenware to the list of vessels that don’t get the status of an old vessel. </ref> <br />
# The floating wick even though the wick is floating on the oil with wax one can use it Lechatchila. <ref> Yalkut Yosef (kitzur Shulchan Aruch 673:3), Sh”t Shevet HaLevi 8:157, Sh”t Lehorot Natan 6:45, Halichot Shlomo pg 285. </ref><br />
# A Chanukia bought from a goy doesn’t need a tevilah. <Ref> Yalkut Yosef (Kitzur S”A 671:16) </ref><br />
# A vessel used to sample urine (for medical purposes) isn’t allowed to be used as a Chanukia but rather as the vessel holding the Shamash. <Ref> Sh”t Kol Gadol 92 and brought down by Yalkut Yosef (Kitzur S”A 671:17) </ref><br />
<br />
== Possible Chanukia arrangements==<br />
# One can fill a bowl with oil and surround the edge with wicks as long as it’s covered by a vessel so that the wicks stay separate in order not to appear like a bonfire. If it the candles are lit while covered each wick counts as another candle, if it’s not covered then all the wicks don’t even count for one candle. <ref> Shabbat 23b explains that a bowl with wicks needs to be covered to look like candles and not a bonfire. Rambam (Chanuka 4:4), Tur, S”A 671:4, Sh”t Ginat Veradim (Gan Hamelech 151), Yad Aharon (671 Hagot Tur), Pri Megadim (A”A 671:3), and Mishna Brurah 671 bring down this Halacha. </ref><br />
# If one lit without covering the bowl (with wicks surrounding the edge) one should extinguish the candles and relight without a bracha. <ref> Pri Chadash 671 and Piskei Moshe (Chanuka 3:4) quotes the above halacha (S”A 671:4) and says if one did light without a cover one should relight with a bracha. However, Kaf Hachaim 671:26, Sh”t Yabea Omer 4:52(5,6) and Torat HaMoadim 5:21 say since at the time the first candle was lit the mitzvah was fulfilled even though later on it became a bonfire it’s like lighting in an area where there’s a lot of wind (in which case according to some opinions one fulfills the mitzvah) and thus one should just relight without a bracha (Safek Brachot LeHakel). Perhaps that’s why the rest of the achronim (besides the Pri Chadash) don’t say that law that one should relight with a bracha implying that one should just relight without a bracha. Against Yabea Omer </ref><br />
# Even if one separates the wicks an Etzbah (2 centimeters), one doesn’t need to cover the candles. However, some say that one should cover it even if it’s separated. <ref> Sefer HaItur (Chanuka 2:116d) (quoted by Shibolei Haleket 185, Orchot Chaim (Chanuka 18), Kol Bo 44, Meiri and Ran (Shabbat 23b)) holds if they are separated and not covered the wicks don’t appear to be a bonfire. However the Tur 671 and Ritva (Shabbat 23b) argue that one still needs to cover the wicks. Bet Yosef answers the tur’s question on the Sefer HaItur. Nonetheless, Meiri and Sh”t Maharshal 85 say according to the Sefer HaItur if it’s not covered it can only count as one candle against the Pri Chadash who says it can count for as many candles as there are wicks. Torat Hamoadim 5:22 rules to be strict because it’s a dispute in the rishonim. Pri Megadim (M”Z 671:2), Mekor Chaim (671:4) and Piskei Moshe (Chanuka pg 74) say that the opinion of S”A is like the Tur. However Chazon Ovadyah (Chanuka pg 124) says that we hold like the Itur because that’s the majority of the rishonim. </ref><br />
# A chanukia with branches in a circle with an etzbah separation between each candle are Kosher for lighting. <ref>Sh”t Trumat HaDeshen 105 allowed circular Chanukia’s with permanent holders if there’s a separation between candles. So rules Rama 671:4. Mishna Brurah 673:18 explains in name of the Buir HaGra that they need to be separated by an eztbah and have a separate holder. See at length Torat Hamoadim 15:24 and Chazon Ovadyah pg 124. </ref><br />
# One shouldn’t arrange Chanuka candles in a circle (not in any permanent holders) since it looks like a bonfire. If one light this way one should relight without a bracha. If one separated the candles by an etzbah one doesn’t need to relight at all. <ref> Rabbenu Peretz (Hagot Smak 280) and Rama 671:4 says that one shouldn’t arrange the candles in a circle. Piskei Moshe (Chanuka 3:6) says one relights without a bracha because of the Pri Chadash 671:4 who say one fulfills his obligation even if it’s in a circle [see similar idea in Torat HaMoadim 5:21]. Piskei Moshe 3:6 rules if one separated the candles an etzbah one doesn’t need to relight because of a Sefek Sefeka. </ref><br />
# One shouldn’t light with wax candles attached to each other because it looks like a bonfire, rather they should be separated an etzbah (2 centimeters). <ref>Or Zaruh 326 says not to light attached wax candles. Darkei Moshe 671:2, Marahi Vil (Dinin VeHalachot 65), and Rama 671:4 bring down this law. Magan Avraham 671:4, Eliyah Raba 671:8, Chaye Adam 154:10 and Mishna Brurah 671:19 say it even applies to attaching 2 candles. Pri Chadash 671:4 argues that it’s okay that the candles are attached because it looks light a torch and not a bonfire. [However, Sefer Eshkol 21 and Maharal in Ner mitzvah say not to use a torch (of wax).] Pri Medagim A”A 671:4 says the candles can be separated just a little bit against the Mishna Brurah 671:18 in the name of Eliyah Raba that they should be separated by an eztbah. </ref><br />
# The candles should be set up in a line and not a zigzag. <ref> Maharil(Chanuka pg 405), Darkei Moshe 671:2, Rama 671:4, and Mateh Moshe 988 hold one should align them in a line. However Pri Megadim A”A 671:3 says since the Rama left out part of this halacha he meant to arrange it in a line rather than a circle but a zigzag is okay. </ref><br />
# The candles should be set up all at the same height level. <ref> Chaye Adam 154:10 and Torat HaMoadim 5:23 says to set them up at the same height. However, Mahari MeBruna 39, Sharei Knesset Hagedolah (Hagot Bet Yosef 673:1) and Eliyah Raba that the candle should specifically be set up so that each new candle is higher than the next. </ref><br />
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== The Brachot of Chanuka Candles==<br />
# On the first night all three blessings are said. On all other nights only the first two are said <ref> Shulkhan Arukh Orach Chayim 676:1-2</ref><br />
## ברוך אתה ה' אלוקינו מלך העולם, אשר קדשנו במצותיו וצונו להדליק נר (של) חנוכה<br />
## ברוך אתה ה' אלוקינו מלך העולם, שעשה נסים לאבותינו בימים ההם בזמן הזה<br />
## ברוך אתה ה' אלוקינו מלך העולם, שהחינו וקימנו והגענו לזמן הזה<br />
# There are there Brachot on the first night: 1)Asher Kidishanu BeMitzvotav VeTzivanu Lehadlik Ner (Ashkenazim add: Shel) Chanuka. 2) SheAssa Nissim LeAvotenu Bayamim Hahem Bazman Hazeh. 3)SheHechiyanu Vekiyemanu Vehiygianu Lazman Hazeh. <ref> S”A 676:1 writes the first bracha without the word shel. So is the opinion of the Arizal (Shaar Kavanot pg 108d), Pri Chadash, and Gra (Maaseh Rav 231). However Ashkenazim add the word Shel based on our girsa of the Gemara, Rif and Rambam. Clearly, if a Sephardi said it with the word Shel he fulfills his obligation (Chazon Ovadyah pg 125). </ref><br />
# If one forgot to say the Brachot and remembers after he finished lighting and before a half hour passed one can say “SheAssa Nissim” (and Shechiyanu on the first night) but not “Lehadlik Ner”. If one remembers before one finishes lighting the candles (on the 2nd day and on) one can make all the Brachot then and finish the lighting. <ref> Sh”t Rabbenu Avraham Ben HaRambam 83 pg 122, Shulchan Gavoha 676:3, and Sh”t Demeshk Eliezer Y”D 47 write that after one lights one can’t make the bracha of Lehadlik Ner against Sefer Pardes (Rabbenu Asher Ben Chaim pg 66) who says one can say it as long as the candles are burning. Sh”t Halachot Ketanot 1:3 and Yad Aharon (Hagot Tur 676) say that one can make all the Brachot as long as one didn’t finish lighting all the candles of Hidur. Sh”t Rabbi Akiva Eiger (Mehudra Tanina 13) writes that if one remembers before one finishes one can make all the Brachot but if one only remembers after he finishes lighting he can’t make Lehadlik Ner just like Brachot HaRoeh(S”A676:3). So rules Mishna Brurah 676:4, Ben Ish Chaim Vayeshev 10, and Sh”t Chatav Sofer O”C 135.Torat HaMoadim 6:9 adds that since we learn the after lighting one can still make the bracha of SheAssa Nisim from Brachot HaRoeh it only applies to the first half hour after one sees the candles as by Brachot HaRoeh. </ref><br />
# If one forgot to say Shechiyanu before lighting one can say it in the half hour after lighting. If one didn’t say it the first night one should say it the second night and so on. So too, if on the eighth night one forgot one can say it in the half hour after lighting. <ref> Shibolei HaLeket 186 and Orchot Chaim (Chanuka 10) quote a Teshuvat Hagoanim to which Rabbenu Yishaya says that one can say Shechiyanu any day after the first when he remembers. Piskei Rid (Shabbat 23a) explains it means one can only make the bracha at the time of the lighting. However, Bach 676 in name of the Maharash says not to say Shechiyanu the second night. Nonetheless, Meiri (Shabbat 23a) and Riaz (23a), also write that one lights Shechiyanu the first night one lights. So holds Sh”t Maharam (Prague Edition 57), Tur 676 in name of the Rosh and S”A 676:1. </ref><br />
# After the half hour of lighting one can’t say the Brachot. <ref> Levush 676, Pri Chadash 676:1, Sh”t Sadeh HaAretz O”C 38, Birkei Yosef 692:1, and Sh”t Igrot Moshe 1:190 hold that one can only make the Shechiyanu at the time of the lighting. However, Yavetz in Mor Ukesiah 692, Sh”T Mahari Molcho 78, Sh”t Zera Emet 1:96, and Taharat Mayim (Shuirei Tahara 8:3) hold it can be said any time during Chanuka. Nonetheless, Mishna Brurah (676:2 and Shar Tzion 676:3), and Torat HaMoadim 6:12 say that because of a Safek Brachot one doesn’t make Brachot past the time of lighting. Taharat Mayim implies that by SheAssa Nissim one can say it anytime against the Mor Ukesiah who says that SheAssa Nissim can only be said over the candles. Sh”t Yechave Daat 2:77 says because of Safek Brachot one doesn’t say SheAssa Nissim not over candles. </ref><br />
# If someone had his wife or anyone else light for him the first night he fulfill his obligation of saying Shechiyanu and shouldn’t say it the next night. <ref> Bach 676 says that his wife’s lighting with Brachot doesn’t exempt him from Shechiyanu. So says Eliyah Raba 676:5. Torat HaMoadim 6:13 explain that this is the Bach according to his opinion that one who has someone lighting for him at home makes Brachot HaRoah; however since we hold (S”A 676:3) that if one has someone lighting for home doesn’t make Brachot HaRoah here too, one fulfills Shechiyanu with his wife’s lighting. So rules Sharei Knesset Hagedolah 676:2, Magan Avraham 676:2, Pri Megadim A”A 676:2, Mishna Brurah 676:7, and Kaf HaChaim 676:26. Sh”t Yabea Omer O”C 4:50 (4-5), 6:42(3-4) holds that even by Shechiyanu we apply Safek Brachot LeHakel. </ref><br />
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==Lighting Chanuka candles in a non-Jewish city==<br />
# Someone in a city that’s totally not Jewish even if he has family lighting for him at home he should light with a bracha. <ref> S”A 677:3 writes “some say to light with a bracha when in a city that totally not Jewish” based on Orchot Chaim (Chanuka 13,18) and Mordechai 267. So writes Sh”t She’erit Yosef 73e. Pri Chadash 677:3 argue that one shouldn’t rely on this to make a bracha since it’s not an obligation [just like the Bet Yosef 677:1 argued against the Trumat Hadeshen 101 who says that a guest who was married was allowed to light on his own for Hiddur Mitzvah because, says the Bet Yosef, one shouldn’t rely on this to make an unnecessary bracha.] Buir HaGra 677:3 argues similarly. So rules the Mishna Brurah 677:14. On the other hand, Chazon Ovadyah pg 158-60 says that the Bet Yosef 677:3 only quotes the Orchot Chaim and Mordechai without anyone who argues and then rules that way in S”A implying that no one disagrees. The difference between the a guest and this traveler is as the Mamer Mordechai 677:4 explains that the guest can’t light if there’s already a Pirsume Nisa and he’s fulfilled his obligation with his wife’s lighting, but a traveler has an obligation of Pirsume Nisa (just like in lighting in Shul) even if his wife is lighting because no one around is lighting. So holds the Shulchan Gavoha 677:5 (and that so was the Minhag of Selanica), Chasidei David Chasan pg 61b, Chelko Shel Yedid pg 48b, Sh”t Besamim Rosh 343, Chazon Ovadyah, and Moed Kol Chai 27:49. Why did S”A begin the halacha with words “some say”? Mamer Mordechai says it’s because S”A was unsure about this. Yet, Chazon Ovadyah responds that the S”A was intending to the opinion of the Meiri (who argues on the Orchot Chaim and Mordechai). </ref><br />
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== Sources==<br />
<references/></div>ChachamY