https://halachipedia.com/api.php?action=feedcontributions&user=YitzchakSultan&feedformat=atomHalachipedia - User contributions [en]2024-03-19T03:26:10ZUser contributionsMediaWiki 1.39.3https://halachipedia.com/index.php?title=Reporting_to_the_Authorities&diff=25552Reporting to the Authorities2020-04-12T17:41:10Z<p>YitzchakSultan: /* Spousal Abuse */</p>
<hr />
<div>[[Image:Police.jpg|right|250px]]<br />
==Prohibition to Report to the Authorities==<br />
# It is forbidden to inform upon another Jew to have him taken by non-Jews. Anyone who does so loses their share in Olam Haba.<ref>Shulchan Aruch CM 388:9</ref><br />
#If a Jew owes a non-Jew money and is running away, another Jew who knows shouldn't inform the non-Jew of the whereabouts of the Jew. If he does he isn't obligated to pay for his fellow's loss since that person didn't lose any money.<Ref>Rama 388:12</ref><br />
#A landlord who doesn't properly take care of his tenants such as if he doesn't heat the buildings (which is illegal) some say that it is forbidden to inform upon him to the government without first asking a bet din.<ref>Mishneh Halachot 12:451</ref><br />
# Someone who tells his friend that he's going to report him to the government some say that he is considered a moser. Others argue.<ref>Rama C.M. 388:8. Chelkat Yakov CM 5 quotes two explanations of when the lenient opinion would agree and offers his own. 1) If he always keeps his word (Mahari Asad YD 299), 2) He reported to the government previously (Bet Yosef 34:32), 3) If he stated that he was going to report to the government if the other party didn't do something.</ref><br />
# Someone who threatens giving people to the authorities isn't disqualified for being a witness.<ref>Chelkat Yakov CM 5 writes that since many kosher people think that it is permitted to report to the government someone who does so isn't disqualified as a witness.</ref><br />
===In America===<br />
# Some poskim hold that there is no prohibition of mesira in a Western country where the laws are just and equally applicable to Jews and non-Jews and aren't anti-semitic.<ref>Shach 388:20, Aruch Hashulchan 388:7 in footnote, Tzitz Eliezer 19:52, [https://www.torahweb.org/audio/rsch_120306_video.html Rav Schachter ("Should I Call the Police?" min 7-8) on torahweb.org]</ref> There would not be a prohibition if in the case that the criminal was convicted he would be punished according to the law. However, if he would be punished in excess of his crime in an unfair manner there would be a prohibition of mesira to report him to the authorities. Before engaging in mesira one must consult with rabbis and the relevant professionals. Rav Elimelech Schachter (Bet Yitzchak v. 39 p. 105) writes that mesira generally doesn't apply in a fair society such as America, but during the Red Scare in the 50s there was a bias against communists especially Jewish ones, and so mesira would still apply.<ref> [https://www.torahweb.org/audio/rsch_120306_video.html Rav Schachter ("Should I Call the Police?" min 7-9) on torahweb.org] explained that if on the books the criminal deserves to sit in the prison for 10 years and if convicted he would get that sentence then it isn't an issue of mesira. However, if in prison he’ll be abused then it is mesira since he is getting an unfair sentence. To determine what his sentence might be it is important to consult with rabbis and social workers.</ref><br />
# A minority of poskim disagree and apply mesira to America.<ref>Mishneh Halachot 12:451 maintains that the prohibition of informing upon another Jew to the authorities obviously applies to America. Chelkat Yakov CM 5 (regarding Antwerp) writes that mesira to the authorities today is prohibited even if the laws aren't antisemitic because there is a concern that they will take advantage of the Jew once he's convicted.</ref><br />
<br />
===Menace to the Public===<br />
# Someone who is engaged in forgery and endangers the public he should be warned and if he continues he can be informed upon to the authorities.<ref>Rama 388:12</ref> This establishes the rule that it is permitted to report a public menace.<ref>[https://www.torahweb.org/audio/rsch_120306_video.html Rav Schachter ("Should I Call the Police?" min 9) on torahweb.org]. Erech Hachaim Bhalacha cites Rav Yakov Emden in Even Bochen 1:75-6 who writes that it is permitted and proper to report someone who is endangering the public by injuring non-Jews or defrauding them. One proof is that the Jews gave Shimshon to the Plishtim because he killed sixty plishtim and he endangered the Jews. Rav Emden cites Sefer Chasidim 699 as a support.</ref><br />
# Someone who is driving recklessly even after being warned should be reported to a bet din and with approval reported to the police because of the danger it poses to the public.<ref>Minchat Yitzchak 8:148</ref><br />
<br />
===Abusers===<br />
#There is a communal responsibility to confront and curtail child abuse.<ref>Rav Asher Weiss and Rav Zalman Nechemya Goldberg in Yeshurun v. 15 pp. 634-666 cited by Rabbi Reiss (Journal of Halacha and Contemporary Society, Spring 2012 pp. 6-21)</ref> There is a Biblical obligation to help someone in danger and not stand idly by.<ref>Vayikra 19:16</ref><br />
#Even if the victim says that they should leave the perpetrator alone there is nonetheless an obligation to help the victim.<ref>Rabbi Reiss (Journal of Halacha and Contemporary Society, Spring 2012 pp. 6-21) writes that just like we find with respect to a rodef that there is an obligation to rescue a victim even if the victim says to leave the assailant alone (Rambam Rotze'ach 1:13) that is also applicable to abuse cases. The Sama CM 426:12 explains that we're concerned that the victim merely says not to pursue the abuser out of fear that he will become a victimized further if the assailant is irritated.</ref><br />
====Teachers====<br />
#A teacher who is abusive to children can be reported to authorities since he is damaging the public.<ref>Tzitz Eliezer 19:52, [https://www.torahweb.org/audio/rsch_120306_video.html Rav Schachter ("Should I Call the Police?" min 4) on torahweb.org]. Rabbi Reiss (Journal of Halacha and Contemporary Society, Spring 2012 pp. 6-21) supports Rabbi Asher Weiss, Rav Zalman Nechemya Goldberg, and Rav Elyashiv who hold that there is not mesira when reporting a child molester. He explains that the government needs to deal with criminal law since bet din today can only deal with civil law. Second since the Gemara Bava Metsia 83a explains that a government worker can hand over Jews to the authorities a mandated reporter might have that same status. Third, sexual molestation is a crime with severe punishments. Fourth, mesira doesn't apply to a country with a fair government. Lastly, a child molester is a public menace. However, Mishneh Halachot 16:58 writes that a doctor who figures out about sexual abuse can't report it to the government since he found out from the child and that isn't two kosher male adult witnesses who witnessed the sin. Therefore, they should report it to the bet din and not government.<br />
* Nishmat Avraham v. 4 CM 388 quotes Rav Elyashiv that if someone knows about abuse of a teacher he should report it to the principal and if they don't take care of the issue he should report it to the police. </ref> It is important to deal with the issue immediately to help the victims and to get accurate testimonies.<ref>[https://www.torahweb.org/audio/rsch_120306_video.html Rav Schachter ("Should I Call the Police?" min 9-12) on torahweb.org]</ref><br />
====Parents====<br />
#A parent who is physically or sexually is abusive to his child can be reported to the authorities. However, if there is a concern that if they are reported the child will be removed from his parent's house which was a religious house and placed in a non-religious house it is only permitted if there is a concern of a fatal danger.<ref>Tzitz Eliezer 19:52. Nishmat Avraham v. 4 CM 388 quotes Rav Elyashiv and Rav Shlomo Zalman Auerbach that if a doctor sees that a child is physically abused by a parent and there is a pikuach nefesh concern it is permitted for the doctor to report an abusive parent to the government even if that means that they might remove the child from being in a Jewish home. Afterwards one should endeavor to get the child to a religious home.<br />
</ref> A rabbi should be consulted.<ref>Mishneh Halachot 16:58 writes that it is forbidden to report a parent who is physically abusive to his child since he could just be hitting him for chinuch. Even if the parent is hitting out of anger you can't report them since the government might take away the child and that would constitute kidnapping. Rather they should report it to bet din and they should determine what to do. The Torah empowers parents to raise their children. By reporting them and having children taken from their parents it is negative for several things: 1) It is kidnapping, 2)It is preventing the father from fulfilling chinuch, 3) It is robbing the children of parents. It is important to report it to the bet din. They should first warn the parents. Even if it is pikuach nefesh they should go to the bet din. Mishneh Halachot 14:60 writes that a woman who reported her abusive husband to the courts and police violated mesira. He goes further that a get that she would give is invalid until the pressure from the police is removed. </ref><br />
====Spousal Abuse====<br />
#It is permitted for a doctor who knows that a woman is being beaten up by her husband to report it to the authorities.<ref>[https://www.torahweb.org/audio/rsch_120306_video.html Rav Schachter ("Should I Call the Police?" min 12-13) on torahweb.org] explained that it is permitted to report physical abuse since it is preventing further abuse.</ref><br />
====Espionage====<br />
# If someone is aware of someone who is spying for another country, whereby they could reveal important information of one government's army, weaponry, etc it would be permitted to do mesira on such a person since they are endangering the lives of the public.<ref>Rav Elimelech Schachter (Bet Yitzchak v. 39 p. 104)</ref><br />
<br />
====Testimony from Invalid Witnesses====<br />
# Testimony from a child can be accepted in a case where no other witnesses are available.<ref>Rama C.M. 35:14. Rav Elyashiv (Yeshurun v. 15 p. 640-643) writes that it is permitted to report to the government when there is a certain knowledge that someone is physically or sexually abusing children. He cites Rashba 3:393 that in certain cases the rabbis of the generation can permit litigate based on invalid testimony for the need of the time. Rabbi Reiss (Journal of Halacha and Contemporary Society, Spring 2012 pp. 6-21) writes that even in uncertain cases there are the following considerations to pursue an allegation based on unclear evidence: 1) if the accused is really innocent the authorities will acquit him, 2) in most cases of an allegation there is truth to the claim, 3) even though one can't accept lashon hara he should take the proper precautions (Shoel Umeishiv 1:185). However, each of these claims are questionable. Therefore he suggests consulting a professional community liason, bet din, or posek.</ref> However, in cases of uncertainty one should consult a professional communal figure or bet din who deals with these issues before reporting.<ref>Rabbi Reiss (Journal of Halacha and Contemporary Society, Spring 2012 pp. 6-21) defends the idea of checking with an authority first partially based on concerns of [[chilul Hashem]].</ref><br />
<br />
===Reporting a Thief or Someone Cheating on Taxes===<br />
# If they suspect that a jew stole something, it is permitted to give in the thief so that they don’t suspect all the Jews. It is removing a chilul Hashem.<ref>[https://www.torahweb.org/audio/rsch_120306_video.html Rav Schachter ("Should I Call the Police?" min 7) on torahweb.org]</ref><br />
# If a criminal is cheating on taxes or another illegal business if the sentence he would receive isn't unfair it isn't mesira to report him. Nonetheless, it is an issue to report him because it is considered returning a lost object to a non-Jew. It is only permitted to report him if there would otherwise be a chilul Hashem. For example, if a person is subpoenaed to testify against someone who is stealing from the government he should comply because otherwise there would be a chilul Hashem.<ref>[https://www.torahweb.org/audio/rsch_120306_video.html Rav Schachter ("Should I Call the Police?" min 3-7) on torahweb.org]</ref><br />
# It is permitted to work for a tax collection agency and report Jews cheating on taxes.<ref>Shevet Halevi 2:18</ref><br />
<br />
===Aiding a Thief===<br />
#It is forbidden to inform a thief of the whereabouts of your fellow Jew's property and if someone does so and the thief takes away his money the informer must repay for his fellow's loss. That is true when the informer volunteered the information. If he was forced by the thief he is exempt.<ref>Shulchan Aruch CM 388:2</ref> If he was forced to show them his own property and he instead showed them his fellow's property he is liable to pay.<ref>Rama 388:2</ref><br />
<br />
===Damages===<br />
# It is forbidden to report a fellow Jew to the authorities or government if he injured or damaged you or your property without first consulting a bet din. If the bet din agrees they can authorize a person to go to the authorities if they see fit.<ref>Rama 388:5 writes that it isn't considered mesira if report another Jew in order to get back your money as long as your intent isn't to injure him. But some disagree and consider it mesira if he was warned. Shach 388:26 is strict. He says that even the lenient opinion isn't lenient if there is another option. Mishneh Halachot 14:191 writes that if you could have gone to bet din and instead went to a non-Jewish court you are in violation of mesira. Teshuvot Vehanhagot 5:362:5 concludes that if you have a claim against another Jew you need to first go to a bet din and not to the authorities.</ref><br />
# If an employer and employee get into a dispute they should go to a bet din. If one of them sues the other in court they should be put excommunication until they removed that suit.<ref>Igrot Moshe CM 1:6 writes that one can't sue another Jew in secular court to retrieve his money and if he does he should be put in excommunication until that is retracted based on Shulchan Aruch CM 388:5.</ref><br />
<br />
==Obligation to Report a Public Menace==<br />
# [[Deceitful Practices]]<br />
<br />
==Sources==<br />
<references/><br />
[[Category:Choshen Mishpat]]</div>YitzchakSultanhttps://halachipedia.com/index.php?title=Reporting_to_the_Authorities&diff=25551Reporting to the Authorities2020-04-12T17:38:05Z<p>YitzchakSultan: /* In America */</p>
<hr />
<div>[[Image:Police.jpg|right|250px]]<br />
==Prohibition to Report to the Authorities==<br />
# It is forbidden to inform upon another Jew to have him taken by non-Jews. Anyone who does so loses their share in Olam Haba.<ref>Shulchan Aruch CM 388:9</ref><br />
#If a Jew owes a non-Jew money and is running away, another Jew who knows shouldn't inform the non-Jew of the whereabouts of the Jew. If he does he isn't obligated to pay for his fellow's loss since that person didn't lose any money.<Ref>Rama 388:12</ref><br />
#A landlord who doesn't properly take care of his tenants such as if he doesn't heat the buildings (which is illegal) some say that it is forbidden to inform upon him to the government without first asking a bet din.<ref>Mishneh Halachot 12:451</ref><br />
# Someone who tells his friend that he's going to report him to the government some say that he is considered a moser. Others argue.<ref>Rama C.M. 388:8. Chelkat Yakov CM 5 quotes two explanations of when the lenient opinion would agree and offers his own. 1) If he always keeps his word (Mahari Asad YD 299), 2) He reported to the government previously (Bet Yosef 34:32), 3) If he stated that he was going to report to the government if the other party didn't do something.</ref><br />
# Someone who threatens giving people to the authorities isn't disqualified for being a witness.<ref>Chelkat Yakov CM 5 writes that since many kosher people think that it is permitted to report to the government someone who does so isn't disqualified as a witness.</ref><br />
===In America===<br />
# Some poskim hold that there is no prohibition of mesira in a Western country where the laws are just and equally applicable to Jews and non-Jews and aren't anti-semitic.<ref>Shach 388:20, Aruch Hashulchan 388:7 in footnote, Tzitz Eliezer 19:52, [https://www.torahweb.org/audio/rsch_120306_video.html Rav Schachter ("Should I Call the Police?" min 7-8) on torahweb.org]</ref> There would not be a prohibition if in the case that the criminal was convicted he would be punished according to the law. However, if he would be punished in excess of his crime in an unfair manner there would be a prohibition of mesira to report him to the authorities. Before engaging in mesira one must consult with rabbis and the relevant professionals. Rav Elimelech Schachter (Bet Yitzchak v. 39 p. 105) writes that mesira generally doesn't apply in a fair society such as America, but during the Red Scare in the 50s there was a bias against communists especially Jewish ones, and so mesira would still apply.<ref> [https://www.torahweb.org/audio/rsch_120306_video.html Rav Schachter ("Should I Call the Police?" min 7-9) on torahweb.org] explained that if on the books the criminal deserves to sit in the prison for 10 years and if convicted he would get that sentence then it isn't an issue of mesira. However, if in prison he’ll be abused then it is mesira since he is getting an unfair sentence. To determine what his sentence might be it is important to consult with rabbis and social workers.</ref><br />
# A minority of poskim disagree and apply mesira to America.<ref>Mishneh Halachot 12:451 maintains that the prohibition of informing upon another Jew to the authorities obviously applies to America. Chelkat Yakov CM 5 (regarding Antwerp) writes that mesira to the authorities today is prohibited even if the laws aren't antisemitic because there is a concern that they will take advantage of the Jew once he's convicted.</ref><br />
<br />
===Menace to the Public===<br />
# Someone who is engaged in forgery and endangers the public he should be warned and if he continues he can be informed upon to the authorities.<ref>Rama 388:12</ref> This establishes the rule that it is permitted to report a public menace.<ref>[https://www.torahweb.org/audio/rsch_120306_video.html Rav Schachter ("Should I Call the Police?" min 9) on torahweb.org]. Erech Hachaim Bhalacha cites Rav Yakov Emden in Even Bochen 1:75-6 who writes that it is permitted and proper to report someone who is endangering the public by injuring non-Jews or defrauding them. One proof is that the Jews gave Shimshon to the Plishtim because he killed sixty plishtim and he endangered the Jews. Rav Emden cites Sefer Chasidim 699 as a support.</ref><br />
# Someone who is driving recklessly even after being warned should be reported to a bet din and with approval reported to the police because of the danger it poses to the public.<ref>Minchat Yitzchak 8:148</ref><br />
<br />
===Abusers===<br />
#There is a communal responsibility to confront and curtail child abuse.<ref>Rav Asher Weiss and Rav Zalman Nechemya Goldberg in Yeshurun v. 15 pp. 634-666 cited by Rabbi Reiss (Journal of Halacha and Contemporary Society, Spring 2012 pp. 6-21)</ref> There is a Biblical obligation to help someone in danger and not stand idly by.<ref>Vayikra 19:16</ref><br />
#Even if the victim says that they should leave the perpetrator alone there is nonetheless an obligation to help the victim.<ref>Rabbi Reiss (Journal of Halacha and Contemporary Society, Spring 2012 pp. 6-21) writes that just like we find with respect to a rodef that there is an obligation to rescue a victim even if the victim says to leave the assailant alone (Rambam Rotze'ach 1:13) that is also applicable to abuse cases. The Sama CM 426:12 explains that we're concerned that the victim merely says not to pursue the abuser out of fear that he will become a victimized further if the assailant is irritated.</ref><br />
====Teachers====<br />
#A teacher who is abusive to children can be reported to authorities since he is damaging the public.<ref>Tzitz Eliezer 19:52, [https://www.torahweb.org/audio/rsch_120306_video.html Rav Schachter ("Should I Call the Police?" min 4) on torahweb.org]. Rabbi Reiss (Journal of Halacha and Contemporary Society, Spring 2012 pp. 6-21) supports Rabbi Asher Weiss, Rav Zalman Nechemya Goldberg, and Rav Elyashiv who hold that there is not mesira when reporting a child molester. He explains that the government needs to deal with criminal law since bet din today can only deal with civil law. Second since the Gemara Bava Metsia 83a explains that a government worker can hand over Jews to the authorities a mandated reporter might have that same status. Third, sexual molestation is a crime with severe punishments. Fourth, mesira doesn't apply to a country with a fair government. Lastly, a child molester is a public menace. However, Mishneh Halachot 16:58 writes that a doctor who figures out about sexual abuse can't report it to the government since he found out from the child and that isn't two kosher male adult witnesses who witnessed the sin. Therefore, they should report it to the bet din and not government.<br />
* Nishmat Avraham v. 4 CM 388 quotes Rav Elyashiv that if someone knows about abuse of a teacher he should report it to the principal and if they don't take care of the issue he should report it to the police. </ref> It is important to deal with the issue immediately to help the victims and to get accurate testimonies.<ref>[https://www.torahweb.org/audio/rsch_120306_video.html Rav Schachter ("Should I Call the Police?" min 9-12) on torahweb.org]</ref><br />
====Parents====<br />
#A parent who is physically or sexually is abusive to his child can be reported to the authorities. However, if there is a concern that if they are reported the child will be removed from his parent's house which was a religious house and placed in a non-religious house it is only permitted if there is a concern of a fatal danger.<ref>Tzitz Eliezer 19:52. Nishmat Avraham v. 4 CM 388 quotes Rav Elyashiv and Rav Shlomo Zalman Auerbach that if a doctor sees that a child is physically abused by a parent and there is a pikuach nefesh concern it is permitted for the doctor to report an abusive parent to the government even if that means that they might remove the child from being in a Jewish home. Afterwards one should endeavor to get the child to a religious home.<br />
</ref> A rabbi should be consulted.<ref>Mishneh Halachot 16:58 writes that it is forbidden to report a parent who is physically abusive to his child since he could just be hitting him for chinuch. Even if the parent is hitting out of anger you can't report them since the government might take away the child and that would constitute kidnapping. Rather they should report it to bet din and they should determine what to do. The Torah empowers parents to raise their children. By reporting them and having children taken from their parents it is negative for several things: 1) It is kidnapping, 2)It is preventing the father from fulfilling chinuch, 3) It is robbing the children of parents. It is important to report it to the bet din. They should first warn the parents. Even if it is pikuach nefesh they should go to the bet din. Mishneh Halachot 14:60 writes that a woman who reported her abusive husband to the courts and police violated mesira. He goes further that a get that she would give is invalid until the pressure from the police is removed. </ref><br />
====Spousal Abuse====<br />
#It is permitted for a doctor who knows that a woman is being beaten up by her husband to report it to the authorities.<ref>[https://www.torahweb.org/audio/rsch_120306_video.html Rav Schachter ("Should I Call the Police?" min 12-13) on torahweb.org] explained that it is permitted to report physical abuse since it is preventing further abuse.</ref> <br />
====Testimony from Invalid Witnesses====<br />
# Testimony from a child can be accepted in a case where no other witnesses are available.<ref>Rama C.M. 35:14. Rav Elyashiv (Yeshurun v. 15 p. 640-643) writes that it is permitted to report to the government when there is a certain knowledge that someone is physically or sexually abusing children. He cites Rashba 3:393 that in certain cases the rabbis of the generation can permit litigate based on invalid testimony for the need of the time. Rabbi Reiss (Journal of Halacha and Contemporary Society, Spring 2012 pp. 6-21) writes that even in uncertain cases there are the following considerations to pursue an allegation based on unclear evidence: 1) if the accused is really innocent the authorities will acquit him, 2) in most cases of an allegation there is truth to the claim, 3) even though one can't accept lashon hara he should take the proper precautions (Shoel Umeishiv 1:185). However, each of these claims are questionable. Therefore he suggests consulting a professional community liason, bet din, or posek.</ref> However, in cases of uncertainty one should consult a professional communal figure or bet din who deals with these issues before reporting.<ref>Rabbi Reiss (Journal of Halacha and Contemporary Society, Spring 2012 pp. 6-21) defends the idea of checking with an authority first partially based on concerns of [[chilul Hashem]].</ref><br />
<br />
===Reporting a Thief or Someone Cheating on Taxes===<br />
# If they suspect that a jew stole something, it is permitted to give in the thief so that they don’t suspect all the Jews. It is removing a chilul Hashem.<ref>[https://www.torahweb.org/audio/rsch_120306_video.html Rav Schachter ("Should I Call the Police?" min 7) on torahweb.org]</ref><br />
# If a criminal is cheating on taxes or another illegal business if the sentence he would receive isn't unfair it isn't mesira to report him. Nonetheless, it is an issue to report him because it is considered returning a lost object to a non-Jew. It is only permitted to report him if there would otherwise be a chilul Hashem. For example, if a person is subpoenaed to testify against someone who is stealing from the government he should comply because otherwise there would be a chilul Hashem.<ref>[https://www.torahweb.org/audio/rsch_120306_video.html Rav Schachter ("Should I Call the Police?" min 3-7) on torahweb.org]</ref><br />
# It is permitted to work for a tax collection agency and report Jews cheating on taxes.<ref>Shevet Halevi 2:18</ref><br />
<br />
===Aiding a Thief===<br />
#It is forbidden to inform a thief of the whereabouts of your fellow Jew's property and if someone does so and the thief takes away his money the informer must repay for his fellow's loss. That is true when the informer volunteered the information. If he was forced by the thief he is exempt.<ref>Shulchan Aruch CM 388:2</ref> If he was forced to show them his own property and he instead showed them his fellow's property he is liable to pay.<ref>Rama 388:2</ref><br />
<br />
===Damages===<br />
# It is forbidden to report a fellow Jew to the authorities or government if he injured or damaged you or your property without first consulting a bet din. If the bet din agrees they can authorize a person to go to the authorities if they see fit.<ref>Rama 388:5 writes that it isn't considered mesira if report another Jew in order to get back your money as long as your intent isn't to injure him. But some disagree and consider it mesira if he was warned. Shach 388:26 is strict. He says that even the lenient opinion isn't lenient if there is another option. Mishneh Halachot 14:191 writes that if you could have gone to bet din and instead went to a non-Jewish court you are in violation of mesira. Teshuvot Vehanhagot 5:362:5 concludes that if you have a claim against another Jew you need to first go to a bet din and not to the authorities.</ref><br />
# If an employer and employee get into a dispute they should go to a bet din. If one of them sues the other in court they should be put excommunication until they removed that suit.<ref>Igrot Moshe CM 1:6 writes that one can't sue another Jew in secular court to retrieve his money and if he does he should be put in excommunication until that is retracted based on Shulchan Aruch CM 388:5.</ref><br />
<br />
==Obligation to Report a Public Menace==<br />
# [[Deceitful Practices]]<br />
<br />
==Sources==<br />
<references/><br />
[[Category:Choshen Mishpat]]</div>YitzchakSultanhttps://halachipedia.com/index.php?title=Halachot_Related_to_Coronavirus/COVID-19_Pandemic&diff=25547Halachot Related to Coronavirus/COVID-19 Pandemic2020-04-12T13:54:26Z<p>YitzchakSultan: /* Chol Hamoed */</p>
<hr />
<div>[[Image:3D medical animation corona virus.jpg|right|300px]]<br />
All rabbinim agree that one should be cautious with all the health guidelines and social distancing<ref>[https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 34)] interestingly describes the sources in general about the Jewish view on handshaking and whether it is a [[Chukot Hagoyim]]. The poskim hold that in it isn't however, at this time it is forbidden because of the health concerns.</ref> set up by the government and other local institutions in order to stay safe and help prevent getting others sick.<ref>[https://www.torahanytime.com/#/lectures?v=104843 Rav Yitzchak Yosef], [http://www.torahweb.org/torah/docs/rsch/RavSchachter-with-doctors_Mar-15-2020.pdf Rav Hershel Schachter], Rav Asher Weiss (Teleconference March 22 2020), [https://www.ou.org/covid19/ OU (March 20 2020)], [https://www.torahanytime.com/#/lectures?v=106099 Rav Shmuel Fuerst (min 53)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal], [https://www.jpost.com/israel-news/leader-of-ultra-orthodox-world-calls-for-lone-prayer-due-to-coronavirus-622805 Rav Chaim Kanievsky], [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Shlomo Aviner (Keter Yitnu Lecha p. 34)], and RCBC letters. An article on [https://www.kikar.co.il/abroad/354170.html kikar.co.il] describes how the gedolim are currently davening privately including: the Gerre rebbe, Rav Shalom Kohen, Rav Gershon Edelstein, Rav Moshe Shternbuch, Rav Yitzchak Yosef, Sanser Rebbe, Rav Bakshi Doron, Rav Dovid Yosef, Bavian Rebbe, and Rav Sheiner.<br />
<br />
*Endangering Oneself to Learn Torah: Ketubot 77b records and praises the practice of Reish Lakish to teach Torah to those ill with tzarat, some translate as leprosy, even though it is contagious. The gemara explained that he did so out of his love for Torah. Daf Al Hadaf cites Mishnat Pikuach Nefesh 69:7 who asks how Reish Lakish could endanger himself and rely on a miracle. He answers that the disease he was concerned with was only dangerous to health but not life threatening.</ref> Coronavirus, as it causes a serious health threat to some people, inhibits any social gatherings and semachot, and has severely damaged the economy and livelihood of certain people, poses a serious challenge to everyone. We all need to daven and take advantage of the circumstances in order to best serve Hashem. As a thoughtful Jew, it is incumbent upon a person to take to heart some important lessons of life and re-strengthen himself in his commitments. <ref>Rambam Taniyot 1:1-3, [https://www.torahanytime.com/#/lectures?a=105844 Rav Reuven Epstein] emphasizes that we need to take a lesson from corona since it overtly a hardship for Jews and humanity and a sign from Hashem. [https://www.yutorah.org/lectures/lecture.cfm/949185/rabbi-menachem-penner/shema-everything-is-from-hashem/ Rabbi Penner] discussed how we can revitalize our strength in mitzvot at this time based on better appreciating the lessons of Shema. Rav Asher Weiss (Teleconference March 22, 2020) introduced his shiur by discussing how we can strengthen our commitment to [[Ben Adam Lchavero]]. [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha)] wrote many lengthy pieces on the hashkafic questions related to COVID19.<br />
* Rav Asher Weiss ("Safek Bidud" Nissan 5780) wrote that a person who isn't sure if they were exposed to someone with the virus should quarantine since we are strict on safek nefashot.</ref> Additionally, on a practical level, COVID19 has many implications for people, and below is a small collection of the relevant halachot.<br />
<br />
==[[Tefillah]]==<br />
When davening at home one should be cognizant of the following ideas:<br />
<br />
#The best time to pray is Netz. According to many poskim this is equivalent to praying with a minyan.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz], Laws of Praying Beyachid (Adar 5780) by Rabbi Yonatan Nacson p. 1 citing Yalkut Yosef 89:1</ref><br />
#A person should daven in a [[makom kavuah]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] and [https://www.star-k.org/videos.php Rabbi Moshe Heinemann around minutes 5-7]</ref><br />
#It is preferable to daven with two people instead of one.<ref>Rav Asher Weiss (Minchat Asher, Volume on coronavirus, Inyane Tefila section, Chapter 16, Subchapter 2, page 41). Rav Asher Weiss adds that there is no distinction between a man or a woman in this situation, so praying with one's wife or daughter is equally preferable to praying with one's son. </ref><br />
#A person should daven in front of a wall so that there's no distractions in front of him.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]</ref><br />
#A person can and should daven near a window that serves as a means of being inspired to look towards heaven.<ref>Shulchan Aruch 90:4 writes that there should be windows in a place where one davens. [https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] suggested that the same should be done for when we daven at home to daven in a place where there is a window.</ref><br />
#A person can daven [[Shemona Esrei]] aloud if it helps his kavana. It also serves as a role model for children.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]</ref><br />
#A person shouldn't daven in a room that is usually used for frivolity.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]</ref><br />
#A person shouldn't daven in front of an open bathroom.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]</ref><br />
#At a time of a plague such as our times it is advisable to say [[ketoret]] which has the power to end a plague.<ref>Laws of Praying Beyachid by Rabbi Nacson p. 2, [https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] citing Rabbi Akiva Eiger teshuva 71</ref><br />
#According to some, at this time a person should recite Avinu Malkenu in [[Shacharit]] and [[Mincha]],<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] quoting Rav Schachter</ref> while others emphasize how one must focus on Teshuvah and reciting all parts of the regular seder haTefillah first.<ref>[https://www.torahanytime.com/#/lectures?v=104864 Rav Bention Mutzafi (55:10)]</ref> Avinu Malkenu should not be recited during [[Nissan]].<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal] stated that one should not recite Avinu Malkenu during Nissan. See Divrei Yatziv OC 75 for different minhagim about saying Avinu Malkenu during Nissan. See discussion page.</ref><br />
#Eating a meal before davening when the time comes to daven a certain tefillah should be avoided since generally we are lenient about this since we go to established minyanim but for when that isn't possible we should be more strict about this.<ref>Mishna Shabbat 9b, [https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]. [https://www.star-k.org/videos.php Rabbi Moshe Heinemann] around minutes 5-7 says that if one sets an alarm, that should be sufficient</ref> See details here about [[Eating before Davening| eating]] and [[Other Activities before Davening| doing activities before davening]].<br />
#When davening as a family, in a temporary fashion, some hold that it isn't necessary to have a [[mechitza]] and the men and women can simply daven on different sides of the room.<ref>Igrot Moshe 5:12:1 writes that regarding a Shabbos Sheva Brachos since it is just the family and it is a temporary situation no mechitza is necessary.</ref> See [[Mechitza]] for more details.<br />
#A person shouldn't forget to recite [[Birkat Halevana]] by themselves when they see the moon. It can be said from indoors. See [[Birkat Halevana]] page for details.<br />
<br />
===Parts of Davening to Skip===<br />
<br />
#On Friday night an individual doesn't recite [[Shabbat_Davenings#Me.27ayn_Sheva |Magen Avot]] after Shemona Esrei of Maariv.<ref>Laws of Praying Beyachid p. 10 citing Shulchan Aruch O.C. 268:8</ref> However, one should recite Vayechulu.<ref>[https://vimeo.com/399141271 Rabbi Moshe Heinemann] at around 24:45. At around 34 minutes, he clarifies that this can be done even by yourself, though normally we try to say it with at least two </ref><br />
#One doesn't recite [[Baruch Shemey]] when praying by oneself since it is part of the activity of removing the Sefer Torah.<ref>Mishna Brurah 134:13</ref><br />
<br />
==Minyan via Porches or Technology==<br />
<br />
#It is forbidden to have a minyan in person whether it is in a shul, shteibel, home, or backyard.<ref>[https://www.ou.org/covid19/ OU]. [https://www.yutorah.org/lectures/lecture.cfm/951048/rabbi-hershel-schachter/piskei-corona-14-forming-a-minyan-outside/ Rav Schachter (Piskei Corona #14)] writes that a person shouldn't try to make a minyan on his lawn spread out even if there's a small remote chance of spreading the virus. He also held that making a minyan with ten people standing on different balconies or porches doesn't count as a minyan. [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)] writes that certainly a person should not attend a minyan because of the danger and one may not rely on the zechut of a minyan to protect him, one needs to be safe. Rav Asher Weiss agrees that one must pray alone in order to avoid potential danger (Minchat Asher, Volume on coronavirus, Inyane Tefila section, Chapter 16, page 36). </ref> There is an exemption from tefila in a minyan due to the danger of the pandemic.<ref>Rav Asher Weiss (Minchat Asher, Volume on coronavirus, Inyane Tefila section, Chapter 16, Subchapter 1, page 40).</ref><br />
#If there ten people standing on their own porches and can see one another, some say that one can not create a minyan in such a manner, while others hold that one can.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951048/rabbi-hershel-schachter/piskei-corona-14-forming-a-minyan-outside/ Rav Schachter (Piskei Corona #14)] holds that it isn't a valid minyan. Similarly, [https://moreshet-maran.com/%D7%9E%D7%A8%D7%9F-%D7%94%D7%A8%D7%91-%D7%99%D7%A6%D7%97%D7%A7-%D7%99%D7%95%D7%A1%D7%A3/%D7%94%D7%90%D7%9D-%D7%90%D7%A4%D7%A9%D7%A8-%D7%9C%D7%94%D7%A6%D7%98%D7%A8%D7%A3-%D7%9C%D7%9E%D7%A0%D7%99%D7%99%D7%9F-%D7%93%D7%A8%D7%9A-%D7%9E%D7%A8%D7%A4%D7%A1%D7%95%D7%AA-%D7%94%D7%A8%D7%90/ Rav Yitzchak Yosef] also holds that it isn't a valid minyan and it involves safek brachot and the like. However, Rav Shternbuch (teshuva Nissan 8 5780) held that it is a valid minyan. To satisfy all the opinions the shaliach tzibur should have in mind that when he does chazarat hashatz that he could be praying a voluntary tefillah. They can't join if they're across the street and within ten tefachim of the ground. The shaliach tzibur needs to be able to see everyone. For kriyat hatorah that is done with porches initially one should call up the baal koreh or anyone on his porch, then one can even call up to an aliya someone on another porch as long as he can hear the baal koreh. The kohanim should leave before retzah because they can't say birkat kohanim. Someone davening alone doesn't have to hear kriyat hatorah since it is an obligation of the community and not individual. Rav Asher Weiss (Teleconference with Aguda, April 2 2020) was also inclined to hold that it is possible to make a minyan with people on porches who can see each other.<br />
*Mishna Brurah 55:48 based on Rashba responsa 1:96 holds that one can learn from the laws of zimmun that if people can see each other they can join for minyan. However, Shaarei Knesset Hagedola 55:6 and many others hold that they can't join. See Yalkut Yosef 90:29 for the sources.<br />
* Rav Asher Weiss writes that a minyan can be created between men praying from their respective porches in order to prevent the grave danger of congregating in closer proximity, and kadish and kedusha may be recited (Minchat Asher, Volume on coronavirus, Inyane Tefila section, Chapter 18, Subchapter 2, page 53). In another teshuva ("Histarfut Lminyan" Nissan 5780) wrote that he thought that one couldn't join people across the street from one another.</ref><br />
#You can't create a minyan with a video (e.g. zoom or skype) or phone call but one can join a minyan of ten men in one room with a video or phone call in order to answer [[dvarim shebekedusha]].<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)], Rabbi Nacson in Laws of Praying Beyachid p. 4 based on Yalkut Yosef 5775 ed Yamim Noraim p. 17, Yabia Omer 1:19:18, Chazon Ovadia Purim p. 56</ref><br />
#It isn't considered a minyan for people to join together to daven on a video conference but it is still spiritually valuable.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)]. Rav Asher Weiss says that it is appropriate to fix a time for people to pray together remotely. Rav Asher adds it will help ascertain that prayer is done properly, on time and with concentration. Nonetheless, chazarat hashatz and devarim shebikdusha must be omitted. (Minchat Asher, Volume on coronavirus, Inyane Tefila section, Chapter 17, pages 45-46)</ref><br />
<br />
===Answering [[Amen]]===<br />
<br />
#Even if there is a time delay between the person reciting the bracha and the one answering it that wouldn't be considered an [[Amen Yetoma]].<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)], [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)], Rabbi Nacson in Laws of Praying Beyachid p. 4 based on Yalkut Yosef 5775 ed Yamim Noraim p. 17, Yabia Omer 1:19:18, Chazon Ovadia Purim p. 56, Rav Asher Weiss (teshuva "Aniyat Amen" Nissan 5780)</ref> <br />
# If there is a minyan in some place and someone hears on the phone or video a live stream some poskim allow them to answer [[kaddish]], [[kedusha]], and [[modim derabbanan]], though for kedusha they should intend that they are saying it as psukim.<ref>Rav Asher Weiss (teshuva "Aniyat Amen" Nissan 5780)</ref> <br />
<br />
===[[Megillah]]===<br />
<br />
#There is a major dispute if a person could fulfill their mitzvah of listening to the megillah on the phone or through watching a live streamed video. Some rabbanim advised this,<ref>Rav Schachter cited by [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)] and Rav Aviner agreed.</ref> while others hold that one can't fulfill one's mitzvah at all.<ref>Rav Dovid Feinstein cited by [http://podcast.headlinesbook.com/e/coronavirus-what-the-halacha-tells-us/ Rabbi Fink] and [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)]</ref> See this topic explained more fully here: [[Brachot_Through_a_Microphone]].<br />
<br />
==Netilat Yadayim==<br />
<br />
#If a person wants to wash his hands with soap and wash [[Netilat Yadayim for a meal]], one should first wash Netilat Yadyaim for the meal, dry the hands, recite the bracha, and then wash one's hands with soap and then recite the Hamotzei.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Willig (min 30-34)]</ref><br />
<br />
==Shabbat Davening==<br />
===Friday Night===<br />
<br />
#Although the reason for reciting Shalom Alechem on a Friday night is that the angels accompany you home from shul and you welcome them to your home, if one was unable to attend shul on a Friday night, he would still sing Shalom Alechem.<ref>[https://vimeo.com/399141271 Rabbi Moshe Heinemann] at around 28:30 in the name of Rav Moshe Feinstein, because Hashem will not punish you by not sending the angels when you weren't able to attend</ref><br />
<br />
===Davening for the Sick===<br />
<br />
#It is generally prohibited to daven on Shabbat for our needs or for the well-being of a sick person. However, if the person is in a state of mortal danger one may daven for his well-being on Shabbat.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951537/rabbi-hershel-schachter/piskei-corona-25-davening-for-the-sick/ Rav Schachter (Piskei Corona #25)]</ref> See [[Shabbat_Davenings#Personal_Requests]] for all of the details of this topic.<br />
<br />
===[[Kriyat Hatorah]]===<br />
<br />
#A person who is at home and can't be at shul should nonetheless read the parsha from a chumash between Shacharit and Mussaf as a way of remembering the concept of kriyat hatorah. He can use that reading as part of his reading of [[Shenayim Mikra Vechad Targum]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] quoting Rabbi Willig. [https://www.star-k.org/videos.php Rabbi Moshe Heinemann] around minutes 7-10 agrees that you should do so on Shabbat, but that it is not necessary on Monday and Thursday. </ref> Some think this doesn't accomplish anything.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950291/rabbi-hershel-schachter/piskei-corona-8-krias-hatorah/ Rav Schachter (Piskei Corona #8)]</ref><br />
#When the congregation misses a kriyat hatorah they can make it up by reading two parshiyot next week in Shul. However, if they miss multiple weeks there is a discussion if they should or could make up all of the parshiyot that they missed.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] based on Rama and Magen Avraham</ref><br />
#A person should not move a sefer torah out of a Shul for a home minyan.<ref>[https://drive.google.com/file/d/14IUOs2OOMhloqYwnbv3iKGrWS6GbYGId/view?usp=drivesdk Rabbi Yonatan Nacson in Laws of Praying Byachid (p. 10)] citing Rav Asher Weiss</ref> See [[Respecting_a_Sefer_Torah#Transporting_a_Sefer_Torah]] for more details.<br />
#There still is an obligation of [[Shenayim Mikra Vechad Targum]] when the there is no congregation doing the Kriyat Hatorah in shul.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950291/rabbi-hershel-schachter/piskei-corona-8-krias-hatorah/ Rav Schachter (Piskei Corona #8)</ref><br />
#One doesn't recite [[Baruch Shemey]] when praying by oneself since it is part of the activity of removing the Sefer Torah.<ref>Mishna Brurah 134:13</ref><br />
<br />
===Anim Zemirot===<br />
<br />
#A person davening alone doesn't have to recite Anim Zemirot.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951536/rabbi-hershel-schachter/piskei-corona-24-anim-zmiros-without-a-minyan/ Rav Schachter (Piskei Corona #24)] explains that anim zemirot was instituted only for a minyan, and according to Rav Soloveitchik was considered a [[dvar shebekedusha]].</ref><br />
<br />
==[[Hagomel]]==<br />
<br />
#A person who was quarantined and got out of quarantine doesn't recite Hagomel since they were in no danger.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
#A person needs to recite [[hagomel]] in front of a [[minyan]] of ten men. Some suggest that this can be recited before ten people listening on a video or phone call and can answer amen. Even though they aren't present, the minyan in this context is purely to publicize the idea so it is permissible.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)]</ref> Others disagree and as long as the minyan isn't in the same room one can not recite hagomel.<ref>Divrei Dovid 4:3</ref><br />
#According to Ashkenazim, if a person is ill with a sickness to the point that he is a choleh sheyesh bo sakana, a concern of mortal danger, he should recite Hagomel, but if he less sick than that there is no need to recite Hagomel.<ref>Rama 219:8, [http://nleresources.com/2020/03/rav-asher-weiss-coronavirus-in-halacha/#.XnoNOIjYrIU Rav Asher Weiss (March 15 2015, min 11)]</ref> Sephardic tradition is to recite Hagomel anytime someone was sick in bed such as with a flu or bad cold even for a short period of time.<ref>[https://itorah.com/global-search/birkat%20hagomel Rabbi Mansour ("Saying Birkat Hagomel Within 3 Days and Laws of Birkat Hagomel Following A Sickness")]</ref><br />
<br />
==[[Bedikat Chametz]] and [[Biur Chametz]]==<br />
<br />
#A person should do bedikat chametz after praying by oneself at Tzet Hakochavim and then immediately begin the bedika. They should not have a meal within a half hour of the bedika.<ref>[https://www.torahanytime.com/#/lectures?v=106099 Rav Shmuel Fuerst (min 1-5)],[https://www.yutorah.org/sidebar/lecture.cfm/950401/rabbi-dan-cohen-rabbi-meir-gavriel-elbaz/pesach-prep-simplified/ Rav Meir Elbaz (min 17-8)]</ref><br />
#Because one can't do a large communal Chametz burning because gatherings aren't safe and even doing it with a few people at a time can look to non-Jews as unsafe. Rather one should just do biur chametz with a Kezayit by flushing it down the toilet.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-3-Mar-26-2020.pdf Rav Herschel Schachter (teshuva Rosh Chodesh Nissan 5780)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]. [https://www.jpost.com/Israel-News/Chief-Rabbis-Dont-leave-home-to-burn-chametz-for-Passover-623072 Rav Yitzchak Yosef and Rav David Lau] said that one should not go outside to burn chametz or kasher pots.</ref><br />
#A person should sell chametz in the house or office if he left there before he had the chance to do a bedikat chametz. By selling the chametz there he is absolving himself of having to do bedikat chametz.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/950401/rabbi-dan-cohen-rabbi-meir-gavriel-elbaz/pesach-prep-simplified/ Rav Elbaz (min 26)], Rav Asher Weiss (Teleconference, March 29 2020 11am)</ref><br />
<br />
==Selling [[Chametz]]==<br />
<br />
#If a person doesn't usually [[sell chametz]] and is afraid that if he doesn't sell chametz one year he isn't going to have food afterwards he can sell his chametz. He wouldn't require a [[hatarat nedarim]].<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (min 20)], [https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 9-11)]. [http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-3-Mar-26-2020.pdf Rav Herschel Schachter (teshuva Rosh Chodesh Nissan 5780)] explained the reason why the hatarat nedarim isn't necessary. [https://vimeo.com/399141271 Rabbi Moshe Heinemann] at around 46:45 agrees that if there is a big loss one can be lenient and sell chametz and it would not require hatarat nedarim, although he isn't so sure that it would be a big loss to an individual.</ref><br />
#A person can sell his chametz on the phone or online and if possible a kinyan can be made virtually in order to appoint the rabbi to sell the chametz. The kinyan would take place as follows: the rabbi would ask if there's someone standing next to the one who wants to appoint the rabbi and if there is then that person can give a pen or a utensil to the one who wants to appoint the rabbi as his shaliach. This is considered a valid kinyan between the person standing there and the one who wants to appoint the rabbi on behalf of the rabbi to be appointed. If that isn't feasible it isn't necessary. Nonetheless, one could stipulate in the document that this appointment of the rabbi is done with the full knowledge of its legal ramifications and it is accepted completely.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-1-Mar-24-2020.pdf Rav Hershel Schachter (Teshuva dated 28 Adar 5780 p. 2)], Nefesh Harav p. 179, [https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (min 1-5)] explained that the minhag is to make a kinyan to appoint a someone to sell something for you. This is classically done with a handing of a handkerchief from the rabbi to the one selling chametz. However, when they call on the phone that isn't possible. The Steipler held in such a case it isn't necessary to be careful about that minhag and simply have the person orally declare that he appoints the rabbi. However, Rav Soloveitchik felt that we should try to fulfill the minhag in any event. How can it be fulfilled? One can have someone standing in the room next to the person on the phone give something to the person on the phone on behalf of the rabbi. That is an effective halachic kinyan on behalf of the rabbi (see Kiddushin 7a). [https://www.torahanytime.com/#/lectures?v=106099 Rav Shmuel Fuerst (min 10)] explained that one can appoint the rabbi to sell his chametz online. Rav Asher Weiss (Minchat Asher Corona p. 66) agrees. [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal] allowed appointing the rabbi online if he is a talmid chacham.</ref><br />
#There is no issue with the selling of Chametz even though the Chametz is in a locked building or in a place that isn't accessible to the non-Jew because of the coronavirus situation.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950290/rabbi-hershel-schachter/piskei-corona-10-chametz-sheeno-birshuso/ Rav Schachter (Piskei Corona #10)]</ref><br />
#Some poskim allow ordering chametz on Pesach if one is certain that it will only be delivered after pesach.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951179/rabbi-hershel-schachter/piskei-corona-17-ordering-chametz-from-a-non-jew-on-pesach-to-arrive-after-pesach/ Rav Schachter (Piskei Corona #17)] explains that it isn't considered rotzeh bkiyumo, wanting the chametz to continue to exist, to order the chametz since one doesn't insist on any particular box of chametz that the company provides. However, one certainly may not acquire it with a kinyan such as picking it up or moving it. Even if it is delivered into one's property if one has intention not to acquire it, one doesn't acquire it. Yet, one can't even protect it since doing so is an issue of rotzeh bkiyumo. [https://yeshiva-university.zoom.us/rec/play/usAsduuh-283HoLAtASDAPZ9W9S0eq2s0igX-_pez0jkW3EFZFr1M7QRa7Qf9B_vOGt5lyO0vcW9I1-0?startTime=1585760529000&_x_zm_rtaid=CQsocm3ZRaq6pGgFL5OMGQ.1585880286593.75ff95374a21dbfc2f0c45524d508e2a&_x_zm_rhtaid=674 Rav Willig (April 1 2020, min 0-2)] agreed in technical terms.</ref><br />
<br />
==Buying for Pesach==<br />
<br />
#If you have raw chicken or raw meat you don't have to worry that it is chametz even if it was processed in a place where there was chametz. You can simply wash it off to solve any question.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 11-15)]</ref><br />
#Sanitizing alcohol gel, such as Purell, isn't [[chametz]] since it isn't edible and can be used on Pesach.<Ref>Rav Asher Weiss (teshuva "Shimush Bpesach B'alchogel" Chol Hamoed Pesach 5780)</ref><br />
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==Kitniyot==<br />
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#Out of a concern of the coronavirus, this year some poskim permit taking vitamins which have additives of [[kitniyot]] in order to stay healthy and to strength one's immune system.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950289/rabbi-hershel-schachter/piskei-corona-7-kitniyos/ Rav Schachter (Piskei Corona #7)]</ref><br />
#Someone with Crohn's disease and needs to drink an enriched milk with kiniyot additives for his health can do so on Pesach. Also, he can do so within 6 hours after eating meat (see [[Waiting between Meat and Milk]]).<ref>[https://www.yutorah.org/lectures/lecture.cfm/950289/rabbi-hershel-schachter/piskei-corona-7-kitniyos/ Rav Schachter (Piskei Corona #7)]</ref><br />
<br />
==[[Kashering for Pesach]]==<br />
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#Some poskim allow [[kashering a dishwasher]] for Pesach even though there are plastic and other materials in there that are questionable to kosher. One should wait 24 hours without using it and then use with just hot water and no soap. According to Ashkenazim this should be used to kosher it from Chametz but not from meat to parve or milk or vice versa.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-3-Mar-26-2020.pdf Rav Herschel Schachter (teshuva Rosh Chodesh Nissan 5780)]</ref><br />
#Some hold that one can kasher plastic, while others disagree. See on the [[Kashering_the_Kitchen_for_Pesach#Which_materials_can_be_kashered.3F]] page.<br />
<br />
==Pesach Davening==<br />
===Hallel Pesach Night===<br />
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#There is a custom of Sephardic and some Ashkenazic communities to recite Hallel Pesach night in Shul. However, being that the current situation demands that a person needs to remain inside there is no way to fulfill this minhag and should not recite Hallel after davening. Rather one should only recite it at the Seder.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950285/rabbi-hershel-schachter/piskei-corona-9-hallel-on-pesach-night-and-tefillas-tal/ Rav Hershel Schachter (Piskei Corona #9)]</ref> Some Ashkenazic poskim would allow reciting a bracha.<ref>Rav Asher Weiss (Minchat Asher Corona p. 73-4) writes that a person who has the practice to recite the Hallel the night of the seder after davening can do so with a bracha even when davening individually.</ref><br />
#According to Sephardim, one should recite Hallel the night of the seder after davening with a bracha even though one is davening at home.<ref>Yachava Daat 5:34, Teshuva written by Rabbi Mordechai Lebhar author of Magen Avot (Erev Shabbat Hagadol 5780), Kaf Hachaim 487:38-42</ref><br />
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===Shir Hashirim on Chol Hamoed===<br />
<br />
#Ashkenazim generally have the custom to read Shir Hashirim on Shabbat Chol Hamoed Pesach. This year since there is no minyanim available, when one davens at home individually, there is no obligation to read Shir Hashirim. One may do so but it isn't in fulfillment of the minhag.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950655/rabbi-hershel-schachter/piskei-corona-13-shir-hashirim-on-chol-hamoed-pesach/ Rav Schachter (Piskei Corona #13)]</ref><br />
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===Tefillat HaTal===<br />
<br />
#One can recite the piyut for tal on Pesach was only instituted for a congregation, however if one wants to recite it one may do so.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950285/rabbi-hershel-schachter/piskei-corona-9-hallel-on-pesach-night-and-tefillas-tal/ Rav Schachter (Piskei Corona #9)]</ref><br />
#In Mussaf everyone should stop saying [[Mashiv Haruach Umorid Hageshem]] and instead recite Morid Hatal because one is davening individually and one may not change from the practice of saying Mashiv Haruach of the congregation until the Shaliach Tzibur has done so and this year there are no minyanim switching at mussaf. After Mussaf, starting with Mincha, one should follow their regular minhag if they usually recite Morid Hatal or not.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950285/rabbi-hershel-schachter/piskei-corona-9-hallel-on-pesach-night-and-tefillas-tal/ Rav Schachter (Piskei Corona #9)]</ref> See [[Mashiv_HaRuach_UMorid_HaGeshem#When_to_Stop_Morid_Hageshem_and_Start_Tal]] for the background.<br />
#For Sephardim, one may begin to recite Morid Hatal in Mussaf even though he praying individually and there is no minyan nearby.<ref>Kaf Hachaim 114:8 and Halacha Brurah v. 6 p. 145 rule that the primary halacha is that there's no prohibition to begin to start to say Morid Hatal before the Shaliach Tzibbur. It is only forbidden for an individual to begin Mashiv Haruach Umorid Hageshem before the congregation does. This is the approach of the Bet Yosef citing the Ran, Pri Chadash, and Maamar Mordechai, unlike the Raavad cited by the Tur 114:2. However, in a regular year, the Kaf Hachaim and Halacha Brurah recommend being strict for the Raavad to have the Shaliach Tzibur announce before the Mussaf that everyone should begin to say Morid Hatal.</ref><br />
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==Machine Matza==<br />
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#It is permitted under extenuating circumstances to use [[machine matza]] for the mitzvah of eating matzah on the seder night.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards beginning)]. This is acceptable for Sephardim as well even with a bracha as described by Rav Ovadia Yosef in Yachava Daat 1:14 and Chazon Ovadia (Pesach Hilchot Leil Haseder 5763 Edition p. 76). [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim] holds that one should really used hand baked matzah but if one can't acquire any then one can use machine matzah. [https://yeshiva-university.zoom.us/rec/play/uMB7I-D--j83ToDAtgSDUaJ7W9Xueqis0nRK-6FfmUm0VSMBZ1qjYLIbZbHenouY882eTH8fEnI5K7DA?startTime=1585587811000&_x_zm_rtaid=5PWyeRatQdGWZ2q1UH7K6w.1585657713810.05dafc99f0c11cb46ffb1a63ddd87e47&_x_zm_rhtaid=904 Rav Willig (min 2)] has a similar approach.</ref><br />
#Some say that there's no concern to have the hand baked matzot this year.<ref>Rav Asher Weiss (Teleconference March 22 2020, min 19) said that there's no concern to use the hand-baked matzot since they were baked earlier in the year. His personal minhag is to have only hand baked matzot. In terms of using machine matzah he felt that it is only a chumra not to use them even for the mitzvah of motzei matzah and one could use them if there's no other option.</ref><br />
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==[[Eruv Tavshilin]] and [[Eruv Chatzerot]]==<br />
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#A rabbi should establish an eruv tavshilin on behalf of his whole community. Even though usually he acquires it to another person who isn't a family member on behalf of the community, this year because of social distancing one can acquire it to one's wife. <ref>[https://www.yutorah.org/lectures/lecture.cfm/951181/rabbi-hershel-schachter/piskei-corona-19-eruv-tavshillin-and-eruv-chatzeiros-and-social-distancing/ Rav Schachter (Piskei Corona #19)]</ref><br />
#An eruv tavshilin works to allow cooking from Yom Tov to Shabbat even though it isn't possible to have guests in most cases.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951181/rabbi-hershel-schachter/piskei-corona-19-eruv-tavshillin-and-eruv-chatzeiros-and-social-distancing/ Rav Schachter (Piskei Corona #19)] explained that usually we use the concept of ''hoil'', since guests might arrive who can eat the food one cooked, to permit cooking from one day of Yom Tov to Shabbat. However, this year that seems not to be applicable. Rav Schachter explained based on the Maharam Chalavah that ''hoil'' doesn't necessitate that one actually have guests or even have the ability to have guests, it is rather a halachic principle since objectively it is possible to have guests the eruv is effective.</ref><br />
#The communal eruv chatzerot continues to be effective even though the communal box of matzah's might not be accessible.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951181/rabbi-hershel-schachter/piskei-corona-19-eruv-tavshillin-and-eruv-chatzeiros-and-social-distancing/ Rav Schachter (Piskei Corona #19)] explained that since theoretically it is possible to get the box alone for a few minutes it isn't completely inaccessible (see Har Tzvi OC 2:16).</ref><br />
#It is permissible to wear a surgical mask on Shabbat outside and it isn't [[carrying]] as long as it is fastened well and won't fall off.<ref>[https://itorah.com/daily-halacha/lecture/may-one-wear-a-surgical-mask-on-shabbat-in-a-public-domain/3803 Rabbi Mansour]</ref><br />
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==Birchat Ha'ilanot==<br />
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#One can recite birkat hailanot from indoors if one can see the trees but one may not recite them by seeing the trees on a video.<ref>Ateret Paz p. 154-6</ref> See the [[Birchat HaIlanot]] for more details and sources.<br />
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==[[Tanit Bechorot]]==<br />
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#A person should try to finish a short masecheta to make his own siyum.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-1-Mar-24-2020.pdf Rav Hershel Schachter (Teshuva dated 28 Adar 5780 p. 2)], [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref> Some say that learning one masechta with Bartenura is sufficient.<ref>[https://itorah.com/daily-halacha/lecture/ta-anit-bechorot-during-the-coronavirus-pandemic/3802 Rabbi Mansour], [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref><br />
#Many poskim say that he can rely on a siyum over the phone or video livestream.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-1-Mar-24-2020.pdf Rav Hershel Schachter (Teshuva dated 28 Adar 5780 p. 2)]. [https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards beginning)]. [https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 1-4)] explained that Rav Schachter and Rav Shlomo Zalman Auerbach hold that it is enough to listen and join with the siyum over the phone or video call. However, other poskim don't like this leniency. Rav Asher Weiss (Teleconference March 22 2020, min 7) agreed that one can be yotzei with a siyum over the phone or video for the tanit bechorot. [https://www.torahanytime.com/#/lectures?v=106099 Rav Shmuel Fuerst (min 6)] agreed that this year you can be yotzei the siyum over the phone since it is an extenuating circumstance. [https://youtu.be/Yo6IJi2V-bw Rav Avigdor Nevinsal] agreed that you can be part of a siyum over the phone and the meal one has afterwards is a seudat mitzvah. [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim] holds that it is better to make a siyum oneself even on a tractate of mishna but if that's not possible one can listen on the phone.</ref><br />
#Some say that in the event one can't make one's own siyum or even hear someone else's, one doesn't need to fast this year in order to maintain strength in this time of a health crisis.<ref>[https://itorah.com/daily-halacha/lecture/ta-anit-bechorot-during-the-coronavirus-pandemic/3802 Rabbi Mansour]</ref><br />
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==Birkat Halevana==<br />
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#Ideally one should recite birkat halevana outdoors.<ref>Rama 426:4</ref> If one can not do so one can recite Birkat Halevana from inside but initially one should open the window.<ref>Pri Megadim M"Z 426:4, Mishna Brurah 426:21</ref> See the [[Birkat HaLevana]] page.<br />
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==Chol Hamoed==<br />
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#One can't buy stocks or sell them on Chol Hamoed, however, if not selling them could lead to a loss of one's original capital that one invested one can sell it.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref><br />
#It is permitted to do art projects with children on Chol Hamoed.<ref>[https://www.kipa.co.il/יהדות/חגים/פסח/958678-הרב-אליקים-לבנון-להתיר-בחול-המועד-מלאכות-שאסורות-בשנה-רגילה/ Rav Elyakim Levanon] wrote that it is fine to do art projects with children on Chol Hamoed even if they involve coloring, weaving, decorating the house because they aren't considered an exaustive effort and are meant for the kids to have a good time.</ref><br />
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See [[Chol Hamoed]] for many details.<br />
<br />
==Using Zoom for the Seder==<br />
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#Although a minority of rabbis allow using Zoom for this emergency situation in a very extenuating circumstance where an elderly single person is alone for the seder away from family because of the quarantines to use technology to leave a video conference going for Yom Tov to join with a family seder,<ref>[http://www.israelnationalnews.com/News/News.aspx/277764 Rabbi Eliyahu Abergel and other rabbis]</ref> most rabbis consider this to be a breach of halacha.<ref>Rav Asher Weiss (Teleconference March 22 2020 11am, min 39; teshuva in Minchat Asher Corona pp. 75-6), [http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-2-Mar-25-2020.pdf Rav Herschel Schachter (teshuva Adar 29 5780)], [https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 20-22)], [https://www.inn.co.il/News/News.aspx/432065 Rav Yosef Tzvi Rimon]. Rav Willig's held that it is absolutely forbidden and it is a tremendous zilzul Shabbat besides questions of others prohibitions of Shabbat.</ref> There is a discussion if the firstgroup of rabbis retracted.<ref>[https://vosizneias.com/2020/03/24/the-heter-for-zoom-at-the-seder-is-incorrect-and-should-be-retracted/ Rabbi Yair Hoffman] describes how 3 of the original signers of the lenient ruling would only permit under life and death needs and not in general. However, [https://www.jpost.com/israel-news/zoom-passover-seder-rabbis-hit-back-at-critics-622494 another article] describes how some of the original rabbis who were lenient confirmed their opinions.</ref><br />
#It is suggested to perform a pre-pesach zoom seder for people who you can't invite to your seder in order to share divrei torah, songs, and the experience of the seder before Yom Tov.<ref>[https://www.inn.co.il/News/News.aspx/432065 Rav Yosef Tzvi Rimon]</ref><br />
#For someone who is clinically depressed to the point that there is a concern of suicide or just losing one's mind it is permitted to use a phone to call him to cheer him up and check on him. However, if there's a way to check the patient before Pesach one should do so.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-2-Mar-25-2020.pdf Rav Herschel Schachter (teshuva Adar 29 5780)]. [https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Willig (min 24)] agrees that we violate Shabbat for someone who is suicidal but they can use the phone.</ref> A person should check with his rabbi in each case.<br />
#A person should recite Ha lachma anya this year as one would any other year, even though that phrase is a call for inviting guests and this year that is impossible.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951299/rabbi-hershel-schachter/piskei-corona-21-can-we-say-kol-dichfin-this-year-/ Rav Schachter (Piskei Corona #21)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
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==[[Sefirat Haomer]]==<br />
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#If someone couldn't get a hair cut because the barbers were all closed before Pesach, then if one reached the point when it very noticeably long and people would tell him to get a haircut he can take a haircut during [[Sefira]]. Today it can be estimated that if it has been more than 2 months since his last haircut he can take a haircut during the Sefira.<ref>https://www.yutorah.org/lectures/lecture.cfm/950659/rabbi-hershel-schachter/piskei-corona-16-haircuts-on-chol-hamoed-and-sefira/ Rav Schachter (Piskei Corona #16)</ref><br />
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==Mikveh==<br />
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#Each community rabbi needs to decide these sort of questions however in theory it is possible for the Mikva to remain open and allow women who aren't having symptoms or aren't quarantined to go to Mikva. They should be extra careful about hygiene and prepare completely at home, go to the Mikva where there is no contact with anyone besides a brief contact with the water which has chemicals for cleanliness. Then upon returning home there are poskim who allow the woman to take a shower when she gets home to clean herself off.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/950654/rabbi-hershel-schachter/piskei-corona-12-showering-after-the-mikvah/ Rav Hershel Schachter (Piskei Corona #12)], [https://www.torahanytime.com/#/lectures?v=105574 Rabbi Shay Tahan]. Rav Asher Weiss (March 29 2020) said it is obviously permitted to overlook the chumra of not showering when the woman returns from mikveh at these times.</ref><br />
#On Shabbat, if a woman goes to mikveh she can not take a hot shower when she gets back since turning on the hot water is causing cold water to enter the boiler and cook. Rather she should either decide to take a completely cold shower or delay the mikveh until Motzei Shabbat. She should also not decide not to take a shower at all because one shouldn't do something unsafe when there's an option to delay going to mikveh.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951538/rabbi-hershel-schachter/piskei-corona-26-showering-when-returning-home-from-the-hospital-or-the-mikvah-on-shabbos-or-yom-tov/ Rav Schachter (Piskei Corona #26)]</ref><br />
#On Yom Tov, according to those who are lenient to permit [[showering on Yom Tov]], when a woman returns from the mikveh should do so. Rav Schachter's opinion is that it is only permitted to take a shower on Yom Tov with water that is just hot enough to remove the chill from the water (less than lukewarm). If she decides she doesn't want to take such a shower, she should delay going to mikveh until after Yom Tov.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951538/rabbi-hershel-schachter/piskei-corona-26-showering-when-returning-home-from-the-hospital-or-the-mikvah-on-shabbos-or-yom-tov/ Rav Schachter (Piskei Corona #26)]</ref><br />
#The OU has established [https://www.ou.org/covid-19-and-the-mikvah-recommended-protocols/?utm_source=SilverpopMailing&utm_medium=email&utm_campaign=Mikvah%20Guidance%20(1)&utm_content=&spMailingID=32100310&spUserID=MTM2NTc0Mjg0NTYwS0&spJobID=1683098314&spReportId=MTY4MzA5ODMxNAS2 health guidelines] in order to allow a mikveh to remain open.<br />
#The RCBC also stated that Mikva's are remaining open for the time.<ref>[https://www.theyeshivaworld.com/news/featured/1839350/no-shul-yeshivas-shabbos-guests-levayos-shiva-vaad-harabanim-of-bergen-county-releases-letter.html RCBC letter on yeshivaworld.com]</ref><br />
#The men's mikveh's should be closed at this time. Even if a person is careful to go to mikveh each day he can fulfill this custom by taking a 5 minute shower.<ref>Rav Asher Weiss (Teleconference March 22 2020, min 12)</ref> See [[Preparations_for_Davening#Going_to_Mikveh]] for details.<br />
<br />
==Tevilat Kelim==<br />
<br />
#Each community should decide whether or not close the kli mikveh out of a safety concern. You can do the [[tevilat kelim]] in the ocean.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 5-9)], [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref><br />
#Alternatively, one can use tevilat kelim in the mikvah while wearing gloves, then throw out the gloves, wash off the kelim with soap and water. If the community has other procedures for safety one should observe them.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 5-9)], [https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 3-4)]</ref><br />
#As a last resort one can avoid tevilat kelim by giving the pots to a non-Jew and borrowing them back. One can rely on this until the virus passes.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 5-9)], [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]. [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal] said that one could rely upon this if there was no other option. [https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 14-16)] allows selling the kelim to a non-Jew. Rav Yosef Tzvi Rimon (teshuva dated Nisan 1 5780) recommended this.</ref> If one can't sell or gift the pots to a non-Jew oneself one can do so online through [https://nirshamti.co.il/e-%D7%98%D7%91%D7%99%D7%9C%D7%94/ Zomet].<br />
#Another option is for a person to declare the pots that need tevilat kelim to be ownerless (hefker) in front of 3 Jews. One has to have full intent that the pots are ownerless and if someone took them one would have no claim upon them. If these Jews can't be there in person it is sufficient if they are present through social media technology but they should be people who live in the neighborhood. They should then leave the pots outside their house for a few minutes so that if someone wanted to take them they could. <ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-1-Mar-24-2020.pdf Rav Hershel Schachter (Teshuva dated 28 Adar 5780 p. 1)], [https://itorah.com/daily-halacha/lecture/if-one-has-new-utensils-which-he-is-unable-to-immerse/3801 Rabbi Mansour]</ref> Others disagree.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 5-12)] said that one shouldn't use the solution to make the pots hefker since you're using the kelim. See Sefer Tevilat Kelim p. 84 based on Maharil Diskin. See S"A Harav 445:1 that hefker that isn't meaningful since you plan to reacquire it isn't a solution. However, Rav Elyashiv and Rav Soloveitchik allowed it in extenuating circumstances. Rav Asher Weiss (Minchat Asher Corona p. 72) writes that one should avoid using new pots and relying on this leniency to mafkir but in an extenuating circumstance one can rely on it.</ref><br />
#If there's are no solutions, some poskim would allow using the pots without tevilat kelim in this extenuating circumstance.<ref>Rav Asher Weiss (Teleconference, March 22 2020 11am), Rav Yosef Tzvi Rimon (Teshuva dated Nisan 1 5780)</ref><br />
#Regarding a seder plate and kos shel eliyahu requiring tevilah, see [[Tevilat Kelim]] page.<br />
<br />
==[[Brit Milah]]==<br />
<br />
#A Brit Milah can be done without a minyan since gatherings aren't safe.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
#A grandfather or someone else involved in a brit milah via zoom can recite the naming of the baby but he should not recite the bracha of asher kidash yadid mbeten.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951300/rabbi-hershel-schachter/piskei-corona-22-participating-in-a-simcha-via-zoom/ Rav Schachter (Piskei Corona #22)]</ref><br />
<br />
==Naming a Girl==<br />
<br />
#Although normally we try to name a baby girl at an aliya to the Torah, a person doesn't need a minyan in order to name a girl and under the circumstances should do so without delay.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Neventzal], [https://www.yutorah.org/lectures/lecture.cfm/950292/rabbi-hershel-schachter/piskei-corona-11-krias-shem-for-a-baby-girl/ Rav Schachter (Piskei Corona Teshuva #11)], [https://vimeo.com/399141271 Rabbi Moshe Heinemann] at about 16:45</ref><br />
==[[Pidyon Haben]]==<br />
# In order to do a [[Pidyon Haben]] the father has to give 5 shekalim (of the days of the Torah) to a kohen. If they can meet in a safe way while following all of the social distancing practices they should. If not, then the father should leave the money or equivalent outside his door for a neighbor<ref>Rav Rimon pointed out that using one's wife to acquire the money to someone else is a dispute and should be avoided.</ref> to pick up on behalf of the kohen and that acts as a kinyan for the kohen to acquire the money. Then the father should video the kohen to recite the bracha and the rest of the text for the pidyon haben.<ref>Rav Yosef Tzvi Rimon (teshuva 12 Nissan 5780)</ref><br />
# The money to be used for the pidyon haben needs to the pidyon haben coins, silver, or any other valuable item which has actual worth. One can not use cash or check for this.<ref>Rav Yosef Tzvi Rimon (teshuva 12 Nissan 5780)</ref> These item collectively need to be worth 100 grams of silver. See the Pidyon Haben page for details.<br />
<br />
==Bar Mitzvah's==<br />
<br />
#[https://www.torahanytime.com/#/lectures?v=105558 A message for Bar Mitzvah Boys in the Lockdown by Rabbi Pesach Krohn]<br />
#A bar mitzvah boy who missed the opportunity to read his parsha in shul when he became bar mitzvah'ed when it is next possible to go to shul he can add his parsha as a hosafa and read it then. Additionally, the haftorah can follow that hosafa.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards end)]</ref><br />
#The father of a Bar Mitzvah boy who couldn't layn should wait until he can do something that shows he's Bar Mitzvah like layn or daven as Shaliach Tzibbur to make such a bracha.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
<br />
==Weddings==<br />
<br />
#Ideally a wedding shouldn't be pushed off if both parties are ready even though it means having a tiny wedding.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal], [https://www.kimizion.org/maamar/5780_5784/keter.pdf (Keter Yitanu Lecha p. 38)]</ref><br />
#A rabbi should not officiate at a wedding that isn't abiding by the CDC guidelines of health because he is furthering unsafe practices.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards beginning)]</ref><br />
#It has been asked whether or not the poskim are more lenient this year regarding weddings during [[Sefira]] but the answer is that it is not determined because the situation is still unclear.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref> Some are lenient but it is best to schedule for [[Rosh Chodesh]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref><br />
#If in this dire situation it isn't possible to have a minyan, it is possible to have a wedding nonetheless without [[Sheva Brachot]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/951180/rabbi-hershel-schachter/piskei-corona-18-getting-married-with-less-than-10-men-present/ Rav Schachter (Piskei Corona #18)] explained that although it isn't possible to recite Sheva Brachot and seemingly they forbid the couple to each other without Sheva Brachot in this extenuating circumstance one can rely upon the opinion that the wedding is valid and they are permitted even without Sheva Brachot (see Nodeh Beyehuda EH 1:56). For birkat erusin certainly having a minyan isn't critical (Shulchan Aruch E.H. 34:4) although it is preferable and in this circumstance unnecessary. From Bet Shmuel 64:4 it appears to be a dispute between the Shulchan Aruch and Rama whether one is allowed to have a wedding at all if it is extremely difficult to get a minyan, the Rama being lenient. </ref><br />
#A minyan for [[sheva brachot]] can not be created via Zoom. Additionally, one can't recite a bracha of sheva brachot for the couple via Zoom.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951300/rabbi-hershel-schachter/piskei-corona-22-participating-in-a-simcha-via-zoom/ Rav Schachter (Piskei Corona #22)]</ref><br />
<br />
==[[Fast Days]]==<br />
<br />
#If the rabbis declare a half fast day until [[Chatzot]] according to Ashkenazim an individual can recite [[Anenu]] in Mincha Shemona Esrei<ref>Rama 562:1 writes that Ashkenazim hold that even for an incomplete fast one can recite anenu. Mishna Brurhah 562:48 references this Rama in discussing a fast that was accepted to fast until chatzot. The Mishna Brurah 562:7 cites a debate as to whether one should omit the words צום תעניתנו while reciting עננו in such a scenario as many poskim argue that a half fast is not considered a fast and therefore one would not want to risk speak falsely, particularly when he is speaking to Hashem.<br />
<br />
*[https://www.theyeshivaworld.com/news/israel-news/1841977/hagaon-harav-chaim-kanievsky-calls-to-fast-for-half-a-day-on-erev-rosh-chodesh.html Rav Chaim Kanievsky] declared a half fast on Erev Rosh Chodesh Nissan 5780.</ref> assuming he is still fasting when he prays Mincha.<ref>Mishna Brurah 562:6</ref> According to Sephardim one can only recite anenu if one fasts the entire day.<ref>Shulchan Aruch 562:10-11 holds that a incomplete fast is not considered a fast with respect to saying anenu. Therefore if one only fasts until chatzot one should not recite anenu.</ref><br />
#A person should accept the fast from the day before, as is traditionally done at mincha time. If one didn't do so, according to Sephardim one shouldn't recite anenu, but according to Ashkenazim one can recite anenu.<ref>Shulchan Aruch and Rama 562:5</ref><br />
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==Mezuzah==<br />
<br />
#A person should not kiss any mezuzah, or any siddur or chumash of a shul or a public area at this time because of concern of spreading COVID19.<ref>[https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)], [https://www.jpost.com/israel-news/chief-rabbi-of-israel-due-to-coronavirus-stop-kissing-the-mezuzah-619753 Chief Rabbi Rabbi David Lau]</ref><br />
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==Shalom Bayit==<br />
<br />
#It is critical to be mindful of other people when everyone is under stress and no one is completely comfortable. [https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Dr. Pelcovitz] discusses the implications quarantine can have Shalom Bayit.<br />
#It is forbidden for a couple to have [[tashmish]] at a night of famine<ref>Gemara Tanit 11a, Shulchan Aruch O.C. 240:12</ref> since everyone is in distress it is incumbent on everyone to take upon himself an aspect of distress.<ref>Mishna Brurah 574:9</ref> The same is true for any time of societal distresses.<ref>Rama 240:12 based on Yerushalmi Tanit. Olot Tamid 240:6 (cited by Kaf Hachaim 240:85) understands the Rama to apply to any type of tragedy that we would declare a fast over.</ref> Others disagree.<ref>Shaarei Knesset Hagedola (Hagahot Tur 240:5) writes that tashmish is only forbidden during a famine, plague of the crops, locusts and the like which cause a famine but not for other tragedies or troubles. Kaf Hachaim 240:85 rules like the Shaarei Knesset Hagedola either because that is the explanation of the Yerushalmi or we don't follow the Yerushalmi.</ref><br />
#It is permitted to have tashmish on mikvah night.<ref>Shulchan Aruch O.C. 574:11 writes that it is permitted for a couple to have tashish on mikva night. Mishna Brurah 574:11 cites the Magen Avraham who argues with Shulchan Aruch but then he cites the Bigdei Yesha and Nahar Shalom who are lenient and there's what to rely on to follow Shulchan Aruch. Mishna Brurah concludes that certainly one can be lenient at a time when it isn't a famine and it is just another time of distress in the world.</ref><br />
#It is permitted to have tashmish for a couple who didn't yet fulfill [[pru urevu]].<ref>Shulchan Aruch O.C. 240:12, 574:4, Mishna Brurah 240:47</ref> Once his wife is pregnant this leniency doesn't apply.<ref>Mishna Brurah 574:12</ref><br />
#If he has a strong yetzer hara and there is a concern of [[hashchatat zera]] it is permitted.<ref>Mishna Brurah 240:46</ref><br />
#There is what to rely upon to have tashmish at a time of war and there is no midat chasidut to be strict, especially for young couples even for someone who fulfilled pru urevu.<ref>Tzitz Eliezer 13:21</ref><br />
#During the time then the plague of corona virus is rampant in the world there is a lot to rely upon to have tashmish. Someone who wants to be strict can do so.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949166/rabbi-ally-ehrman/is-tashmish-hamitta-permitted-during-the-coronavirus-pandemic-/ Rabbi Ehrman on yutorah]. Rav Asher Weiss (Zoom Conference, March 22 2020, 11am, min 15) was lenient he said that the situation presently isn't one that rises to the level where we need to declare a fast. Also, since domestic violence recently has been on the rise because of the quarantines one shouldn't be strict in this area. </ref><br />
<br />
==Laid off Workers and Cancelled Contracts Because of Corona==<br />
<br />
#If there's a employee that is unable to work because of a societal or national crisis the employees should continue to be paid by the employers according to many opinions or at least they should make a compromise.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949287/rabbi-michoel-zylberman/coronavirus-and-laid-off-employees/ Rabbi Zylberman on yutorah]. Mordechai b"m 343 writes that if there's a decree in the town that the teachers can't teach the teachers should still be paid. Rama C.M. 321:1 cites this Mordechai and applies it to any worker in 334:1. The Sama 334:2 argues with the Mordechai and holds that since the employee can't work and both aren't at fault and both couldn't foresee this the employer is exempt. Netivot 334:1 limits the idea of the Mordechai to a teacher and not other employers since a teacher is paid for sachar betela (see [[Laws_of_Learning_Torah#Taking_Money_for_Learning_and_Teaching_Torah]]). Shach 334 holds that this opinion of the Mordechai only applies if majority of the town ran away because of a crisis but if only a minority runs away then the employee isn't entitled to payment. Aruch Hashulchan 334:10 has another approach. If the situation prevents the worker from working then he is entitled to pay but if he runs away then he isn't. Rabbi Zylberman explained from Mishpat Poalim we think that this is a case of Hamotzei Mchavero Alav Harayah, whoever is holding onto the money can claim that he is exempt from paying or returning the money. Rav Asher Weiss in Minchat Asher 2:106 says that they should make a compromise, and Rav Bleich ([https://www.sefaria.org/Contemporary_Halakhic_Problems%2C_Vol_IV%2C_Chapter_XIV_The_Intifada_and_the_Gulf_War.35?lang=bi&with=all&lang2=en Contemporary Halachic Problems v. 4]) thinks that we follow the Rama. Once the Chatom Sofer had a case in his town and he felt that they should pay but he couldn't force everyone to pay it so he told them to pay half. Rav Yona Reiss had a case where they made a compromise. <br />
<br />
*Rav Asher Weiss (Zoom Conference, March 22 2020, 11am, min 21-25) thought that one should compromise and give the workers who aren't working 30% of their pay. This applies Jewish and non-Jewish workers. This is based on the Rama and Sama CM 221. As for the day schools and daycares that are closed and not providing services one theoretically should be exempt. Since it might be devastating to the schools one needs to wait until the government makes a decision. Either way, we should wait until there is a major decision from the government or authorities and follow that. Until then for the schools we should pay so that the teachers can have a salary for their [[parnasa]].</ref><br />
#This applies to contractors for cancelled events as well.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949287/rabbi-michoel-zylberman/coronavirus-and-laid-off-employees/ Rabbi Zylberman on yutorah]</ref><br />
#If someone rented out an apartment to someone and then he wants to retract because of a concern that the potential tenants have the virus, some say that it is forbidden to back out of the contract.<ref>[http://kol-barama.co.il/item/%D7%A4%D7%99%D7%A7%D7%95%D7%97-%D7%A0%D7%A4%D7%A9-%D7%A7%D7%95%D7%A8%D7%95%D7%A0%D7%94-%D7%A2%D7%A4%D7%99-%D7%94%D7%94%D7%9C%D7%9B%D7%94/ Rav Yakov Sinai] based on Rama in teshuva, Shach CM 312 and other sources</ref> The same is true of a hotel or pesach program that was cancelled.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951789/rabbi-hershel-schachter/piskei-corona-27-the-importance-of-tzedaka-and-chesed/ Rav Schachter (Piskei Corona #27)] writes that it is important to reach a peshara, compromise, with respect to the question of how much a person should be paid in return for the pesach programs that were cancelled.</ref><br />
<br />
==Yeshiva Tuition==<br />
See previous section about the background for this question.<br />
<br />
#Even though the question of whether a person should pay tuition while it is closed is subject to debate a person should make sure to pay in full as the yeshivot do not have enough money and it is critical to give tzedaka at this time, which is a great merit to protect oneself from any danger.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951789/rabbi-hershel-schachter/piskei-corona-27-the-importance-of-tzedaka-and-chesed/ Rav Schachter (Piskei Corona #27)</ref><br />
<br />
==[[Bikur Cholim]]==<br />
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#A person doesn't have to and shouldn't visit someone who has a virus that contagious such as corona.<ref>[http://kol-barama.co.il/item/%D7%A4%D7%99%D7%A7%D7%95%D7%97-%D7%A0%D7%A4%D7%A9-%D7%A7%D7%95%D7%A8%D7%95%D7%A0%D7%94-%D7%A2%D7%A4%D7%99-%D7%94%D7%94%D7%9C%D7%9B%D7%94/ Rav Yakov Sinai (min 3)] explains that although the Rama in a teshuva and Knesset Hagedola hold that one should visit the sick even if they have a contagious disease, the Shulchan Gavoha and others disagree and that is the halacha.</ref><br />
#A person fulfills the mitzvah of bikur cholim on the phone according to many poskim.<ref>[https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Shlomo Aviner (Keter Yitnu Lecha p. 34)] citing Igrot Moshe YD 1:223 and Tzitz Eliezer 8:5. Rav Aviner added that the main idea of bikur cholim is to do what is best for the patient and in our context that is to call.</ref><br />
#Someone who is praying for a mortally ill patient to get better and doesn't know if he is still alive should pray for his well-being and not specifically for him to get better.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951537/rabbi-hershel-schachter/piskei-corona-25-davening-for-the-sick/ Rav Schachter (Piskei Corona #25)]</ref><br />
<br />
==Burial and Mourning==<br />
===Burial===<br />
<br />
#Each place should follow the guidelines that are in place for safety. If a minyan isn't possible, then the next thing that is to try to have is Jews doing the burial. If they don't even let that, then afterwards a Jew should check that the burial by the non-Jews was done properly in the ground.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 26-8)]. [https://www.yutorah.org/sidebar/lecture.cfm/951298/rabbi-hershel-schachter/piskei-corona-20-tahara-for-meisim/ Rav Schachter (Piskei Corona #20)] said that they should specifically have as few people as possible for the burial and maybe just the workers and that too fulfills the mitzvah of burial.</ref> It is forbidden to cremate and it is still considered not dangerous to properly do a burial with no tahara and minimal involvement of the fewest people or simply the cemetery workers.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951298/rabbi-hershel-schachter/piskei-corona-20-tahara-for-meisim/ Rav Schachter (Piskei Corona #20)]</ref><br />
#At this time the chevra kadisha should not perform a tahara for the deceased since it could lead to danger.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951298/rabbi-hershel-schachter/piskei-corona-20-tahara-for-meisim/ Rav Schachter (Piskei Corona #20)]</ref><br />
#A person who was buried in America because of the corona virus but was planned to be buried in Israel can later when the virus isn't an issue be reburied in Israel, even though generally we don't rebury someone who was buried.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)]</ref> See the topic of [[Laws_and_Customs_of_a_Funeral#Under_What_Circumstances_is_it_Permitted_to_Move_Someone_Buried.3F|reburying a corpse]] in general.<br />
#Regarding burials on Yom Tov and Yom Tov Sheni, see [https://www.yutorah.org/lectures/lecture.cfm/951790/rabbi-hershel-schachter/piskei-corona-28-guidelines-for-burial-on-shabbos-and-yom-tov/ Rav Schachter's Guidlines for burial on Shabbat and Yom Tov]<br />
<br />
===Kriyah===<br />
<br />
#The rabbi could do the [[Kriyah]] for the mourner with gloves and a mask or he can simply tell the mourner to do it.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Willig (min 29)]</ref><br />
<br />
===Avelut===<br />
<br />
#A person who is no going to be involved in the burial anymore because the deceased was given to the chevra kaddisha then he is not considered an [[Onen]] anymore and should begin [[Avelut]] (mourning). However, if he is going to call relatives to tell them about the levaya then he is still an [[Onen]].<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)]</ref>. If he is going to watch the burial with Zoom or listen on the phone it is unclear if he is still an Onen.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)] isn't certain if a person involved in the burial merely because he is watching via Zoom is still considered an Onen. [https://www.yutorah.org/sidebar/lecture.cfm/839779/rabbi-asher-bush/%d7%94%d7%aa%d7%97%d7%9c%d7%aa-%d7%90%d7%91%d7%99%d7%9c%d7%95%d7%aa-%d7%9c%d7%9e%d7%99-%d7%a9%d7%90%d7%99%d7%a0%d7%95-%d7%a0%d7%9e%d7%a6%d7%90-%d7%91%d7%a7%d7%91%d7%95%d7%a8%d7%aa-%d7%90%d7%91%d7%99%d7%95-%d7%95%d7%9e%d7%a9%d7%aa%d7%aa%d7%a3-%d7%a2-%d7%99-%d7%94%d7%98%d7%9c%d7%a4%d7%95%d7%9f/ Rav Asher Bush] wrote based on MPeninei Harav p. 202 that he considers someone phoning into a burial to not be an Onen unless they're going to ask him questions about the burial.</ref><br />
#On [[Erev Pesach]] if someone is buried before [[Chatzot]] (midday) the relatives should observe [[Avelut]] (mourning) before Chatzot and then at Chatzot it is considered like a Yom Tov and the rest of the [[Shiva]] is cancelled. If the person is buried after [[Chatzot]] they should observe Avelut before Yom Tov and then the Yom Tov will come and cancel the rest of [[Shiva]].<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)]</ref><br />
#A mourner shouldn't eat his first meal after the burial, the [[Seudat Havrah]], from his own food; other should provide that food. If at this time when people are concerned for COVID19 and might not send food, if the mourner knows that he isn't going to be sent food, he can eat the first meal from his own food.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)]</ref><br />
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===Kaddish and Iyluy Neshama===<br />
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#Under the circumstances a person can not recite the kaddish because minyanim aren't available. Therefore, a person should take upon himself to learn mishnayot for the deceased.<ref>Rav Asher Weiss (Minchat Asher Corona pp. 58-9)</ref><br />
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See [[Practices_in_the_Mourner%27s_House#Iyluy_Neshama]] and [[Kaddish]] pages.<br />
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==[[Kibbud Av Vem]]==<br />
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#If one's parents ask him to do something which the department of health has deemed unsafe a person should not listen to his parents in such a case and that isn't a breach of Kibbud Av Vem.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-2-Mar-25-2020.pdf Rav Schachter (Teshuva Adar 29 5780)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
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==Violating Shabbat for [[Pikuach Nefesh]]==<br />
'''On Shabbat or Yom Tov, if anyone has any concern whatsoever that they are in serious danger because of deteriorating health, they should immediately call a doctor or [[Going_to_and_Staying_in_the_Hospital_on_Shabbat|go to the hospital]].'''<br />
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#It is a well established halacha that it is not only permitted but even a mitzvah to violate [[Shabbat]] in order to safe a life or to remove a situation that presents even a slight chance of danger.<ref>Shulchan Aruch O.C. 328:13</ref> The question is how to define the threshold of danger.<ref>[http://nleresources.com/2020/03/rav-asher-weiss-coronavirus-in-halacha/#.XnoNOIjYrIU Rav Asher Weiss (March 15 2020, min 18-22) to Beit Midrash Gavoha] explained that the definition of danger in order to violate Shabbat isn't defined by statistics. For vaccinations we assume that it is a sakana not to vaccinate even though the odds of dying because of the measles is low. Since it is preventable it is incumbent upon us to vaccinate. He concludes that as long as it is a natural phenomenon and there is an action that we can do to prevent deaths we must do so.</ref><br />
#In certain cases of emergency regarding corona virus it would be allowed to violate Shabbat.<ref>[https://www.theyeshivaworld.com/news/headlines-breaking-stories/1841156/harav-zilberstein-answer-telephone-on-shabbos-if-awaiting-results-of-coronavirus-test.html Rav Zilberstein] allowed a patient to answer the phone on Shabbat with a [[shinuy]] only to hear the results of a test and answer questions for epidemiological investigation. If the test results that show that a patient has the virus are produced on Shabbat it is incumbent for the health department to deal with the quarantine then and it is permitted to answer the phone for that.</ref> Obviously every single case is different and one should learn the laws of Pikuach Nefesh from a rabbi in advance.<br />
#If a person is discharged from the hospital on Shabbat and they need him to leave because of the lack of space that they have because of the numbers of people who are ill, his family member can drive to get him. They should do a [[Shinuy]] when turning on the car like turning the key with one's weaker hand, or pressing the button on the key with one's knuckle. Also, when turning off the car one should use a Shinuy.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950282/rabbi-hershel-schachter/piskei-corona-6-pikuach-nefesh-on-shabbos/ Rav Schachter (Piskei Corona #6)]</ref> However, a similar question regarding a nurse returning from the hospital on Shabbat some poskim say that she may not drive herself but rather should take a non-Jewish cab and just be careful when in and after leaving the taxi.<ref>Rav Asher Weiss (teshuva "Nesiyat Achot" Nissan 5780) was uncomfortable permitting driving oneself home from the hospital on Shabbat even if it was for an emergency since it is a large dispute between Rav Moshe and Rav Shlomo Zalman. Rather he said that one should take a cab with a non-Jewish driver. Even though at this time when people are concerned about getting the virus from going in a cab, he still felt that it isn't considered pikuach nefesh and one shouldn't still drive oneself. Rather one should take the cab but very careful.</ref><br />
#If a relative is in the hospital and the family members would call the hospital that would indicate to the doctors and nurses that the family cares and the patient will receive better treatment, it is permissible to do so on Shabbat or Yom Tov.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951791/rabbi-hershel-schachter/piskei-corona-29-calling-the-hospital-on-shabbos-or-yom-tov-to-advocate-for-relatives/ Rav Schachter (Piskei Corona #29)]. [https://www.theyeshivaworld.com/news/featured/1848379/important-message-from-flatbush-hatzolah-about-family-members-in-hospitals.html Flatbush Hatzolah] announced the same thing but they said that the calling and hanging up should be done with a shinuy.</ref><br />
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==Doctors Working in the Hospital==<br />
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#Regarding the larger issue of halachic triage see [https://www.yutorah.org/lectures/lecture.cfm/951531/rabbi-hershel-schachter/piskei-corona-15-triage-in-medical-decisions-updated-/ Rav Schachter (Piskei Corona #15 Updated)]. Here is a relevant [https://docs.google.com/document/d/1CtQ_XHzQarzg_0PEQODCO1ATKlM_cEmvPsXa8kdpgJA/edit sourcesheet on Halachic Triage]. [https://aiayk.org/pesachaudio/ Rav Asher Weiss (Teleconference April 6 2020, min 5-15)] discusses triage in halacha and what doctors should do.<ref>Rav Asher feels that there are only two factors that we consider for halachic triage: give precedence to someone who is in immediate danger, and give treatment to whoever has a better chance for survival. Age or spiritual need for the community are not factors for precedence. <br />
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*Rav Asher says that for choleh shebifanenu the knowledge that another choleh is going to come in soon is considered pikuach nefesh if will with certainty be helpful. Therefore, if an older patient comes into the hospital but they know a younger patient is going to come in, they can consider them as though they came in together and treat according to who is in immediate danger and who has the better chance to live. Rav Schachter felt the same way in his teshuva.<br />
*If a hospital has a certain regulation, does he need to disregard the hospital protocols? Rav Asher Weiss felt that the doctors should not disregard hospital protocol, for multiple reasons but partly because if he doesn't he'll lose his license and having more able doctors at this time is pikuach nefesh.<br />
*Pulling a patient off a ventilator because someone entered the hospital who has a better chance of living, Rav Asher (min 27) felt is forbidden. Rather the doctor should say that he feels uncomfortable to do this and should let another doctor do it. Rav Schachter felt that one should try to convince the older patient to sign a DNR at that point in order to save the younger patient.</ref><br />
#A doctor may and is encouraged to perform a life saving procedure if he is wearing the correct protective gear.<ref>[https://aiayk.org/pesachaudio/ Rav Asher Weiss (Aguda Teleconference, April 6, 2020, min 18-22)] explains that you can’t put yourself in danger. However, you can if you’re saving someone from an immediate danger and you’re putting yourself in minimal danger then it is a middat chasidut to do so. Therefore, a doctor should do mechanical ventilation CPR on a COVID19 patient if he has the correct protective gear.<br />
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*Rav Asher (min 33) allowed sharing ventilators when the doctors see fit in order to save another life because moving a patient from a single ventilator to a shared ventilator isn't considered doche nefesh mipnei nefesh since it isn't proven to be dangerous to use a shared ventilator. He also cited the Chazon Ish regarding turning the arrow to the side killing fewer people to save more people.<br />
*Rav Asher (min 38) said that a doctor who isn't in that particular field or is retired or has vacation doesn't have to volunteer but his doing so would be a middat chasidut. However, if he is endangering himself such as if he's over 70, he is immune compromised, or has a family member who is, then he shouldn't volunteer.</ref><br />
#A doctor returning from the hospital on Shabbat and needs to shower for health reasons so as not to catch the corona virus on his body or clothing, may do so. If he can manage with a cold shower, he should do so. If he can't, he may turn on the hot water with a [[shinuy]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/951538/rabbi-hershel-schachter/piskei-corona-26-showering-when-returning-home-from-the-hospital-or-the-mikvah-on-shabbos-or-yom-tov/ Rav Schachter (Piskei Corona #26)]. See there for how he distinguishes this from the woman returning from the mikveh on Shabbat.</ref><br />
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==[[Mesira]] and Rodef==<br />
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#If your doctor actually ascertains that there is a sakanat nefashot, mortal danger, involved with a certain large gathering that someone is doing then it is permitted to tell the authorities. However, otherwise it is forbidden because of informing upon another Jew ([[mesira]]). This can be a very difficult measure to actually properly assess.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Willig (min 41)]</ref> Some say that it is obligatory to be moser to the police on someone who is supposed to be in quarantine and isn't.<ref>Rav Asher Weiss (teshuva "Mechuyav Bbidud" Chol Hamoed Pesach 5780)</ref><br />
#Some hold that if a person is supposed to be in quarantine and they are not they are considered a rodef. However, obviously one should first speak to him and convince him to do what is safe.<ref>[https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 36)] citing Rav Zilberstein</ref><br />
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==Links==<br />
<br />
*[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal Q&A about Corona]<br />
*[https://rabbidunner.com/coronavirus-qa-with-rav-hershel-schachter/ Transcription of Q&A with Rav Schachter by Rabbi Dunner]<br />
*[https://www.theyeshivaworld.com/news/featured/1839350/no-shul-yeshivas-shabbos-guests-levayos-shiva-vaad-harabanim-of-bergen-county-releases-letter.html RCBC letter calling for the closing of Shuls and Schools]<br />
*[http://www.torahweb.org/ TorahWeb] hosts many resources for Corona halacha including Rav Schachter's Teshuvot<br />
*[http://www.kolcorona.com/ KolCorona.com] a Torah resource, initiated by Rabbi Reuven Taragin, for those affected by Corona<br />
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==Sources==<br />
<references /><br />
[[Category:Orach Chaim]]</div>YitzchakSultanhttps://halachipedia.com/index.php?title=Halachot_Related_to_Coronavirus/COVID-19_Pandemic&diff=25546Halachot Related to Coronavirus/COVID-19 Pandemic2020-04-12T13:53:59Z<p>YitzchakSultan: /* Minyan via Porches or Technology */</p>
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<div>[[Image:3D medical animation corona virus.jpg|right|300px]]<br />
All rabbinim agree that one should be cautious with all the health guidelines and social distancing<ref>[https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 34)] interestingly describes the sources in general about the Jewish view on handshaking and whether it is a [[Chukot Hagoyim]]. The poskim hold that in it isn't however, at this time it is forbidden because of the health concerns.</ref> set up by the government and other local institutions in order to stay safe and help prevent getting others sick.<ref>[https://www.torahanytime.com/#/lectures?v=104843 Rav Yitzchak Yosef], [http://www.torahweb.org/torah/docs/rsch/RavSchachter-with-doctors_Mar-15-2020.pdf Rav Hershel Schachter], Rav Asher Weiss (Teleconference March 22 2020), [https://www.ou.org/covid19/ OU (March 20 2020)], [https://www.torahanytime.com/#/lectures?v=106099 Rav Shmuel Fuerst (min 53)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal], [https://www.jpost.com/israel-news/leader-of-ultra-orthodox-world-calls-for-lone-prayer-due-to-coronavirus-622805 Rav Chaim Kanievsky], [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Shlomo Aviner (Keter Yitnu Lecha p. 34)], and RCBC letters. An article on [https://www.kikar.co.il/abroad/354170.html kikar.co.il] describes how the gedolim are currently davening privately including: the Gerre rebbe, Rav Shalom Kohen, Rav Gershon Edelstein, Rav Moshe Shternbuch, Rav Yitzchak Yosef, Sanser Rebbe, Rav Bakshi Doron, Rav Dovid Yosef, Bavian Rebbe, and Rav Sheiner.<br />
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*Endangering Oneself to Learn Torah: Ketubot 77b records and praises the practice of Reish Lakish to teach Torah to those ill with tzarat, some translate as leprosy, even though it is contagious. The gemara explained that he did so out of his love for Torah. Daf Al Hadaf cites Mishnat Pikuach Nefesh 69:7 who asks how Reish Lakish could endanger himself and rely on a miracle. He answers that the disease he was concerned with was only dangerous to health but not life threatening.</ref> Coronavirus, as it causes a serious health threat to some people, inhibits any social gatherings and semachot, and has severely damaged the economy and livelihood of certain people, poses a serious challenge to everyone. We all need to daven and take advantage of the circumstances in order to best serve Hashem. As a thoughtful Jew, it is incumbent upon a person to take to heart some important lessons of life and re-strengthen himself in his commitments. <ref>Rambam Taniyot 1:1-3, [https://www.torahanytime.com/#/lectures?a=105844 Rav Reuven Epstein] emphasizes that we need to take a lesson from corona since it overtly a hardship for Jews and humanity and a sign from Hashem. [https://www.yutorah.org/lectures/lecture.cfm/949185/rabbi-menachem-penner/shema-everything-is-from-hashem/ Rabbi Penner] discussed how we can revitalize our strength in mitzvot at this time based on better appreciating the lessons of Shema. Rav Asher Weiss (Teleconference March 22, 2020) introduced his shiur by discussing how we can strengthen our commitment to [[Ben Adam Lchavero]]. [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha)] wrote many lengthy pieces on the hashkafic questions related to COVID19.<br />
* Rav Asher Weiss ("Safek Bidud" Nissan 5780) wrote that a person who isn't sure if they were exposed to someone with the virus should quarantine since we are strict on safek nefashot.</ref> Additionally, on a practical level, COVID19 has many implications for people, and below is a small collection of the relevant halachot.<br />
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==[[Tefillah]]==<br />
When davening at home one should be cognizant of the following ideas:<br />
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#The best time to pray is Netz. According to many poskim this is equivalent to praying with a minyan.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz], Laws of Praying Beyachid (Adar 5780) by Rabbi Yonatan Nacson p. 1 citing Yalkut Yosef 89:1</ref><br />
#A person should daven in a [[makom kavuah]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] and [https://www.star-k.org/videos.php Rabbi Moshe Heinemann around minutes 5-7]</ref><br />
#It is preferable to daven with two people instead of one.<ref>Rav Asher Weiss (Minchat Asher, Volume on coronavirus, Inyane Tefila section, Chapter 16, Subchapter 2, page 41). Rav Asher Weiss adds that there is no distinction between a man or a woman in this situation, so praying with one's wife or daughter is equally preferable to praying with one's son. </ref><br />
#A person should daven in front of a wall so that there's no distractions in front of him.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]</ref><br />
#A person can and should daven near a window that serves as a means of being inspired to look towards heaven.<ref>Shulchan Aruch 90:4 writes that there should be windows in a place where one davens. [https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] suggested that the same should be done for when we daven at home to daven in a place where there is a window.</ref><br />
#A person can daven [[Shemona Esrei]] aloud if it helps his kavana. It also serves as a role model for children.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]</ref><br />
#A person shouldn't daven in a room that is usually used for frivolity.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]</ref><br />
#A person shouldn't daven in front of an open bathroom.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]</ref><br />
#At a time of a plague such as our times it is advisable to say [[ketoret]] which has the power to end a plague.<ref>Laws of Praying Beyachid by Rabbi Nacson p. 2, [https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] citing Rabbi Akiva Eiger teshuva 71</ref><br />
#According to some, at this time a person should recite Avinu Malkenu in [[Shacharit]] and [[Mincha]],<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] quoting Rav Schachter</ref> while others emphasize how one must focus on Teshuvah and reciting all parts of the regular seder haTefillah first.<ref>[https://www.torahanytime.com/#/lectures?v=104864 Rav Bention Mutzafi (55:10)]</ref> Avinu Malkenu should not be recited during [[Nissan]].<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal] stated that one should not recite Avinu Malkenu during Nissan. See Divrei Yatziv OC 75 for different minhagim about saying Avinu Malkenu during Nissan. See discussion page.</ref><br />
#Eating a meal before davening when the time comes to daven a certain tefillah should be avoided since generally we are lenient about this since we go to established minyanim but for when that isn't possible we should be more strict about this.<ref>Mishna Shabbat 9b, [https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]. [https://www.star-k.org/videos.php Rabbi Moshe Heinemann] around minutes 5-7 says that if one sets an alarm, that should be sufficient</ref> See details here about [[Eating before Davening| eating]] and [[Other Activities before Davening| doing activities before davening]].<br />
#When davening as a family, in a temporary fashion, some hold that it isn't necessary to have a [[mechitza]] and the men and women can simply daven on different sides of the room.<ref>Igrot Moshe 5:12:1 writes that regarding a Shabbos Sheva Brachos since it is just the family and it is a temporary situation no mechitza is necessary.</ref> See [[Mechitza]] for more details.<br />
#A person shouldn't forget to recite [[Birkat Halevana]] by themselves when they see the moon. It can be said from indoors. See [[Birkat Halevana]] page for details.<br />
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===Parts of Davening to Skip===<br />
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#On Friday night an individual doesn't recite [[Shabbat_Davenings#Me.27ayn_Sheva |Magen Avot]] after Shemona Esrei of Maariv.<ref>Laws of Praying Beyachid p. 10 citing Shulchan Aruch O.C. 268:8</ref> However, one should recite Vayechulu.<ref>[https://vimeo.com/399141271 Rabbi Moshe Heinemann] at around 24:45. At around 34 minutes, he clarifies that this can be done even by yourself, though normally we try to say it with at least two </ref><br />
#One doesn't recite [[Baruch Shemey]] when praying by oneself since it is part of the activity of removing the Sefer Torah.<ref>Mishna Brurah 134:13</ref><br />
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==Minyan via Porches or Technology==<br />
<br />
#It is forbidden to have a minyan in person whether it is in a shul, shteibel, home, or backyard.<ref>[https://www.ou.org/covid19/ OU]. [https://www.yutorah.org/lectures/lecture.cfm/951048/rabbi-hershel-schachter/piskei-corona-14-forming-a-minyan-outside/ Rav Schachter (Piskei Corona #14)] writes that a person shouldn't try to make a minyan on his lawn spread out even if there's a small remote chance of spreading the virus. He also held that making a minyan with ten people standing on different balconies or porches doesn't count as a minyan. [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)] writes that certainly a person should not attend a minyan because of the danger and one may not rely on the zechut of a minyan to protect him, one needs to be safe. Rav Asher Weiss agrees that one must pray alone in order to avoid potential danger (Minchat Asher, Volume on coronavirus, Inyane Tefila section, Chapter 16, page 36). </ref> There is an exemption from tefila in a minyan due to the danger of the pandemic.<ref>Rav Asher Weiss (Minchat Asher, Volume on coronavirus, Inyane Tefila section, Chapter 16, Subchapter 1, page 40).</ref><br />
#If there ten people standing on their own porches and can see one another, some say that one can not create a minyan in such a manner, while others hold that one can.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951048/rabbi-hershel-schachter/piskei-corona-14-forming-a-minyan-outside/ Rav Schachter (Piskei Corona #14)] holds that it isn't a valid minyan. Similarly, [https://moreshet-maran.com/%D7%9E%D7%A8%D7%9F-%D7%94%D7%A8%D7%91-%D7%99%D7%A6%D7%97%D7%A7-%D7%99%D7%95%D7%A1%D7%A3/%D7%94%D7%90%D7%9D-%D7%90%D7%A4%D7%A9%D7%A8-%D7%9C%D7%94%D7%A6%D7%98%D7%A8%D7%A3-%D7%9C%D7%9E%D7%A0%D7%99%D7%99%D7%9F-%D7%93%D7%A8%D7%9A-%D7%9E%D7%A8%D7%A4%D7%A1%D7%95%D7%AA-%D7%94%D7%A8%D7%90/ Rav Yitzchak Yosef] also holds that it isn't a valid minyan and it involves safek brachot and the like. However, Rav Shternbuch (teshuva Nissan 8 5780) held that it is a valid minyan. To satisfy all the opinions the shaliach tzibur should have in mind that when he does chazarat hashatz that he could be praying a voluntary tefillah. They can't join if they're across the street and within ten tefachim of the ground. The shaliach tzibur needs to be able to see everyone. For kriyat hatorah that is done with porches initially one should call up the baal koreh or anyone on his porch, then one can even call up to an aliya someone on another porch as long as he can hear the baal koreh. The kohanim should leave before retzah because they can't say birkat kohanim. Someone davening alone doesn't have to hear kriyat hatorah since it is an obligation of the community and not individual. Rav Asher Weiss (Teleconference with Aguda, April 2 2020) was also inclined to hold that it is possible to make a minyan with people on porches who can see each other.<br />
*Mishna Brurah 55:48 based on Rashba responsa 1:96 holds that one can learn from the laws of zimmun that if people can see each other they can join for minyan. However, Shaarei Knesset Hagedola 55:6 and many others hold that they can't join. See Yalkut Yosef 90:29 for the sources.<br />
* Rav Asher Weiss writes that a minyan can be created between men praying from their respective porches in order to prevent the grave danger of congregating in closer proximity, and kadish and kedusha may be recited (Minchat Asher, Volume on coronavirus, Inyane Tefila section, Chapter 18, Subchapter 2, page 53). In another teshuva ("Histarfut Lminyan" Nissan 5780) wrote that he thought that one couldn't join people across the street from one another.</ref><br />
#You can't create a minyan with a video (e.g. zoom or skype) or phone call but one can join a minyan of ten men in one room with a video or phone call in order to answer [[dvarim shebekedusha]].<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)], Rabbi Nacson in Laws of Praying Beyachid p. 4 based on Yalkut Yosef 5775 ed Yamim Noraim p. 17, Yabia Omer 1:19:18, Chazon Ovadia Purim p. 56</ref><br />
#It isn't considered a minyan for people to join together to daven on a video conference but it is still spiritually valuable.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)]. Rav Asher Weiss says that it is appropriate to fix a time for people to pray together remotely. Rav Asher adds it will help ascertain that prayer is done properly, on time and with concentration. Nonetheless, chazarat hashatz and devarim shebikdusha must be omitted. (Minchat Asher, Volume on coronavirus, Inyane Tefila section, Chapter 17, pages 45-46)</ref><br />
<br />
===Answering [[Amen]]===<br />
<br />
#Even if there is a time delay between the person reciting the bracha and the one answering it that wouldn't be considered an [[Amen Yetoma]].<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)], [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)], Rabbi Nacson in Laws of Praying Beyachid p. 4 based on Yalkut Yosef 5775 ed Yamim Noraim p. 17, Yabia Omer 1:19:18, Chazon Ovadia Purim p. 56, Rav Asher Weiss (teshuva "Aniyat Amen" Nissan 5780)</ref> <br />
# If there is a minyan in some place and someone hears on the phone or video a live stream some poskim allow them to answer [[kaddish]], [[kedusha]], and [[modim derabbanan]], though for kedusha they should intend that they are saying it as psukim.<ref>Rav Asher Weiss (teshuva "Aniyat Amen" Nissan 5780)</ref> <br />
<br />
===[[Megillah]]===<br />
<br />
#There is a major dispute if a person could fulfill their mitzvah of listening to the megillah on the phone or through watching a live streamed video. Some rabbanim advised this,<ref>Rav Schachter cited by [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)] and Rav Aviner agreed.</ref> while others hold that one can't fulfill one's mitzvah at all.<ref>Rav Dovid Feinstein cited by [http://podcast.headlinesbook.com/e/coronavirus-what-the-halacha-tells-us/ Rabbi Fink] and [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)]</ref> See this topic explained more fully here: [[Brachot_Through_a_Microphone]].<br />
<br />
==Netilat Yadayim==<br />
<br />
#If a person wants to wash his hands with soap and wash [[Netilat Yadayim for a meal]], one should first wash Netilat Yadyaim for the meal, dry the hands, recite the bracha, and then wash one's hands with soap and then recite the Hamotzei.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Willig (min 30-34)]</ref><br />
<br />
==Shabbat Davening==<br />
===Friday Night===<br />
<br />
#Although the reason for reciting Shalom Alechem on a Friday night is that the angels accompany you home from shul and you welcome them to your home, if one was unable to attend shul on a Friday night, he would still sing Shalom Alechem.<ref>[https://vimeo.com/399141271 Rabbi Moshe Heinemann] at around 28:30 in the name of Rav Moshe Feinstein, because Hashem will not punish you by not sending the angels when you weren't able to attend</ref><br />
<br />
===Davening for the Sick===<br />
<br />
#It is generally prohibited to daven on Shabbat for our needs or for the well-being of a sick person. However, if the person is in a state of mortal danger one may daven for his well-being on Shabbat.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951537/rabbi-hershel-schachter/piskei-corona-25-davening-for-the-sick/ Rav Schachter (Piskei Corona #25)]</ref> See [[Shabbat_Davenings#Personal_Requests]] for all of the details of this topic.<br />
<br />
===[[Kriyat Hatorah]]===<br />
<br />
#A person who is at home and can't be at shul should nonetheless read the parsha from a chumash between Shacharit and Mussaf as a way of remembering the concept of kriyat hatorah. He can use that reading as part of his reading of [[Shenayim Mikra Vechad Targum]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] quoting Rabbi Willig. [https://www.star-k.org/videos.php Rabbi Moshe Heinemann] around minutes 7-10 agrees that you should do so on Shabbat, but that it is not necessary on Monday and Thursday. </ref> Some think this doesn't accomplish anything.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950291/rabbi-hershel-schachter/piskei-corona-8-krias-hatorah/ Rav Schachter (Piskei Corona #8)]</ref><br />
#When the congregation misses a kriyat hatorah they can make it up by reading two parshiyot next week in Shul. However, if they miss multiple weeks there is a discussion if they should or could make up all of the parshiyot that they missed.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] based on Rama and Magen Avraham</ref><br />
#A person should not move a sefer torah out of a Shul for a home minyan.<ref>[https://drive.google.com/file/d/14IUOs2OOMhloqYwnbv3iKGrWS6GbYGId/view?usp=drivesdk Rabbi Yonatan Nacson in Laws of Praying Byachid (p. 10)] citing Rav Asher Weiss</ref> See [[Respecting_a_Sefer_Torah#Transporting_a_Sefer_Torah]] for more details.<br />
#There still is an obligation of [[Shenayim Mikra Vechad Targum]] when the there is no congregation doing the Kriyat Hatorah in shul.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950291/rabbi-hershel-schachter/piskei-corona-8-krias-hatorah/ Rav Schachter (Piskei Corona #8)</ref><br />
#One doesn't recite [[Baruch Shemey]] when praying by oneself since it is part of the activity of removing the Sefer Torah.<ref>Mishna Brurah 134:13</ref><br />
<br />
===Anim Zemirot===<br />
<br />
#A person davening alone doesn't have to recite Anim Zemirot.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951536/rabbi-hershel-schachter/piskei-corona-24-anim-zmiros-without-a-minyan/ Rav Schachter (Piskei Corona #24)] explains that anim zemirot was instituted only for a minyan, and according to Rav Soloveitchik was considered a [[dvar shebekedusha]].</ref><br />
<br />
==[[Hagomel]]==<br />
<br />
#A person who was quarantined and got out of quarantine doesn't recite Hagomel since they were in no danger.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
#A person needs to recite [[hagomel]] in front of a [[minyan]] of ten men. Some suggest that this can be recited before ten people listening on a video or phone call and can answer amen. Even though they aren't present, the minyan in this context is purely to publicize the idea so it is permissible.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)]</ref> Others disagree and as long as the minyan isn't in the same room one can not recite hagomel.<ref>Divrei Dovid 4:3</ref><br />
#According to Ashkenazim, if a person is ill with a sickness to the point that he is a choleh sheyesh bo sakana, a concern of mortal danger, he should recite Hagomel, but if he less sick than that there is no need to recite Hagomel.<ref>Rama 219:8, [http://nleresources.com/2020/03/rav-asher-weiss-coronavirus-in-halacha/#.XnoNOIjYrIU Rav Asher Weiss (March 15 2015, min 11)]</ref> Sephardic tradition is to recite Hagomel anytime someone was sick in bed such as with a flu or bad cold even for a short period of time.<ref>[https://itorah.com/global-search/birkat%20hagomel Rabbi Mansour ("Saying Birkat Hagomel Within 3 Days and Laws of Birkat Hagomel Following A Sickness")]</ref><br />
<br />
==[[Bedikat Chametz]] and [[Biur Chametz]]==<br />
<br />
#A person should do bedikat chametz after praying by oneself at Tzet Hakochavim and then immediately begin the bedika. They should not have a meal within a half hour of the bedika.<ref>[https://www.torahanytime.com/#/lectures?v=106099 Rav Shmuel Fuerst (min 1-5)],[https://www.yutorah.org/sidebar/lecture.cfm/950401/rabbi-dan-cohen-rabbi-meir-gavriel-elbaz/pesach-prep-simplified/ Rav Meir Elbaz (min 17-8)]</ref><br />
#Because one can't do a large communal Chametz burning because gatherings aren't safe and even doing it with a few people at a time can look to non-Jews as unsafe. Rather one should just do biur chametz with a Kezayit by flushing it down the toilet.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-3-Mar-26-2020.pdf Rav Herschel Schachter (teshuva Rosh Chodesh Nissan 5780)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]. [https://www.jpost.com/Israel-News/Chief-Rabbis-Dont-leave-home-to-burn-chametz-for-Passover-623072 Rav Yitzchak Yosef and Rav David Lau] said that one should not go outside to burn chametz or kasher pots.</ref><br />
#A person should sell chametz in the house or office if he left there before he had the chance to do a bedikat chametz. By selling the chametz there he is absolving himself of having to do bedikat chametz.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/950401/rabbi-dan-cohen-rabbi-meir-gavriel-elbaz/pesach-prep-simplified/ Rav Elbaz (min 26)], Rav Asher Weiss (Teleconference, March 29 2020 11am)</ref><br />
<br />
==Selling [[Chametz]]==<br />
<br />
#If a person doesn't usually [[sell chametz]] and is afraid that if he doesn't sell chametz one year he isn't going to have food afterwards he can sell his chametz. He wouldn't require a [[hatarat nedarim]].<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (min 20)], [https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 9-11)]. [http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-3-Mar-26-2020.pdf Rav Herschel Schachter (teshuva Rosh Chodesh Nissan 5780)] explained the reason why the hatarat nedarim isn't necessary. [https://vimeo.com/399141271 Rabbi Moshe Heinemann] at around 46:45 agrees that if there is a big loss one can be lenient and sell chametz and it would not require hatarat nedarim, although he isn't so sure that it would be a big loss to an individual.</ref><br />
#A person can sell his chametz on the phone or online and if possible a kinyan can be made virtually in order to appoint the rabbi to sell the chametz. The kinyan would take place as follows: the rabbi would ask if there's someone standing next to the one who wants to appoint the rabbi and if there is then that person can give a pen or a utensil to the one who wants to appoint the rabbi as his shaliach. This is considered a valid kinyan between the person standing there and the one who wants to appoint the rabbi on behalf of the rabbi to be appointed. If that isn't feasible it isn't necessary. Nonetheless, one could stipulate in the document that this appointment of the rabbi is done with the full knowledge of its legal ramifications and it is accepted completely.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-1-Mar-24-2020.pdf Rav Hershel Schachter (Teshuva dated 28 Adar 5780 p. 2)], Nefesh Harav p. 179, [https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (min 1-5)] explained that the minhag is to make a kinyan to appoint a someone to sell something for you. This is classically done with a handing of a handkerchief from the rabbi to the one selling chametz. However, when they call on the phone that isn't possible. The Steipler held in such a case it isn't necessary to be careful about that minhag and simply have the person orally declare that he appoints the rabbi. However, Rav Soloveitchik felt that we should try to fulfill the minhag in any event. How can it be fulfilled? One can have someone standing in the room next to the person on the phone give something to the person on the phone on behalf of the rabbi. That is an effective halachic kinyan on behalf of the rabbi (see Kiddushin 7a). [https://www.torahanytime.com/#/lectures?v=106099 Rav Shmuel Fuerst (min 10)] explained that one can appoint the rabbi to sell his chametz online. Rav Asher Weiss (Minchat Asher Corona p. 66) agrees. [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal] allowed appointing the rabbi online if he is a talmid chacham.</ref><br />
#There is no issue with the selling of Chametz even though the Chametz is in a locked building or in a place that isn't accessible to the non-Jew because of the coronavirus situation.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950290/rabbi-hershel-schachter/piskei-corona-10-chametz-sheeno-birshuso/ Rav Schachter (Piskei Corona #10)]</ref><br />
#Some poskim allow ordering chametz on Pesach if one is certain that it will only be delivered after pesach.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951179/rabbi-hershel-schachter/piskei-corona-17-ordering-chametz-from-a-non-jew-on-pesach-to-arrive-after-pesach/ Rav Schachter (Piskei Corona #17)] explains that it isn't considered rotzeh bkiyumo, wanting the chametz to continue to exist, to order the chametz since one doesn't insist on any particular box of chametz that the company provides. However, one certainly may not acquire it with a kinyan such as picking it up or moving it. Even if it is delivered into one's property if one has intention not to acquire it, one doesn't acquire it. Yet, one can't even protect it since doing so is an issue of rotzeh bkiyumo. [https://yeshiva-university.zoom.us/rec/play/usAsduuh-283HoLAtASDAPZ9W9S0eq2s0igX-_pez0jkW3EFZFr1M7QRa7Qf9B_vOGt5lyO0vcW9I1-0?startTime=1585760529000&_x_zm_rtaid=CQsocm3ZRaq6pGgFL5OMGQ.1585880286593.75ff95374a21dbfc2f0c45524d508e2a&_x_zm_rhtaid=674 Rav Willig (April 1 2020, min 0-2)] agreed in technical terms.</ref><br />
<br />
==Buying for Pesach==<br />
<br />
#If you have raw chicken or raw meat you don't have to worry that it is chametz even if it was processed in a place where there was chametz. You can simply wash it off to solve any question.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 11-15)]</ref><br />
#Sanitizing alcohol gel, such as Purell, isn't [[chametz]] since it isn't edible and can be used on Pesach.<Ref>Rav Asher Weiss (teshuva "Shimush Bpesach B'alchogel" Chol Hamoed Pesach 5780)</ref><br />
<br />
==Kitniyot==<br />
<br />
#Out of a concern of the coronavirus, this year some poskim permit taking vitamins which have additives of [[kitniyot]] in order to stay healthy and to strength one's immune system.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950289/rabbi-hershel-schachter/piskei-corona-7-kitniyos/ Rav Schachter (Piskei Corona #7)]</ref><br />
#Someone with Crohn's disease and needs to drink an enriched milk with kiniyot additives for his health can do so on Pesach. Also, he can do so within 6 hours after eating meat (see [[Waiting between Meat and Milk]]).<ref>[https://www.yutorah.org/lectures/lecture.cfm/950289/rabbi-hershel-schachter/piskei-corona-7-kitniyos/ Rav Schachter (Piskei Corona #7)]</ref><br />
<br />
==[[Kashering for Pesach]]==<br />
<br />
#Some poskim allow [[kashering a dishwasher]] for Pesach even though there are plastic and other materials in there that are questionable to kosher. One should wait 24 hours without using it and then use with just hot water and no soap. According to Ashkenazim this should be used to kosher it from Chametz but not from meat to parve or milk or vice versa.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-3-Mar-26-2020.pdf Rav Herschel Schachter (teshuva Rosh Chodesh Nissan 5780)]</ref><br />
#Some hold that one can kasher plastic, while others disagree. See on the [[Kashering_the_Kitchen_for_Pesach#Which_materials_can_be_kashered.3F]] page.<br />
<br />
==Pesach Davening==<br />
===Hallel Pesach Night===<br />
<br />
#There is a custom of Sephardic and some Ashkenazic communities to recite Hallel Pesach night in Shul. However, being that the current situation demands that a person needs to remain inside there is no way to fulfill this minhag and should not recite Hallel after davening. Rather one should only recite it at the Seder.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950285/rabbi-hershel-schachter/piskei-corona-9-hallel-on-pesach-night-and-tefillas-tal/ Rav Hershel Schachter (Piskei Corona #9)]</ref> Some Ashkenazic poskim would allow reciting a bracha.<ref>Rav Asher Weiss (Minchat Asher Corona p. 73-4) writes that a person who has the practice to recite the Hallel the night of the seder after davening can do so with a bracha even when davening individually.</ref><br />
#According to Sephardim, one should recite Hallel the night of the seder after davening with a bracha even though one is davening at home.<ref>Yachava Daat 5:34, Teshuva written by Rabbi Mordechai Lebhar author of Magen Avot (Erev Shabbat Hagadol 5780), Kaf Hachaim 487:38-42</ref><br />
<br />
===Shir Hashirim on Chol Hamoed===<br />
<br />
#Ashkenazim generally have the custom to read Shir Hashirim on Shabbat Chol Hamoed Pesach. This year since there is no minyanim available, when one davens at home individually, there is no obligation to read Shir Hashirim. One may do so but it isn't in fulfillment of the minhag.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950655/rabbi-hershel-schachter/piskei-corona-13-shir-hashirim-on-chol-hamoed-pesach/ Rav Schachter (Piskei Corona #13)]</ref><br />
<br />
===Tefillat HaTal===<br />
<br />
#One can recite the piyut for tal on Pesach was only instituted for a congregation, however if one wants to recite it one may do so.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950285/rabbi-hershel-schachter/piskei-corona-9-hallel-on-pesach-night-and-tefillas-tal/ Rav Schachter (Piskei Corona #9)]</ref><br />
#In Mussaf everyone should stop saying [[Mashiv Haruach Umorid Hageshem]] and instead recite Morid Hatal because one is davening individually and one may not change from the practice of saying Mashiv Haruach of the congregation until the Shaliach Tzibur has done so and this year there are no minyanim switching at mussaf. After Mussaf, starting with Mincha, one should follow their regular minhag if they usually recite Morid Hatal or not.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950285/rabbi-hershel-schachter/piskei-corona-9-hallel-on-pesach-night-and-tefillas-tal/ Rav Schachter (Piskei Corona #9)]</ref> See [[Mashiv_HaRuach_UMorid_HaGeshem#When_to_Stop_Morid_Hageshem_and_Start_Tal]] for the background.<br />
#For Sephardim, one may begin to recite Morid Hatal in Mussaf even though he praying individually and there is no minyan nearby.<ref>Kaf Hachaim 114:8 and Halacha Brurah v. 6 p. 145 rule that the primary halacha is that there's no prohibition to begin to start to say Morid Hatal before the Shaliach Tzibbur. It is only forbidden for an individual to begin Mashiv Haruach Umorid Hageshem before the congregation does. This is the approach of the Bet Yosef citing the Ran, Pri Chadash, and Maamar Mordechai, unlike the Raavad cited by the Tur 114:2. However, in a regular year, the Kaf Hachaim and Halacha Brurah recommend being strict for the Raavad to have the Shaliach Tzibur announce before the Mussaf that everyone should begin to say Morid Hatal.</ref><br />
<br />
==Machine Matza==<br />
<br />
#It is permitted under extenuating circumstances to use [[machine matza]] for the mitzvah of eating matzah on the seder night.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards beginning)]. This is acceptable for Sephardim as well even with a bracha as described by Rav Ovadia Yosef in Yachava Daat 1:14 and Chazon Ovadia (Pesach Hilchot Leil Haseder 5763 Edition p. 76). [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim] holds that one should really used hand baked matzah but if one can't acquire any then one can use machine matzah. [https://yeshiva-university.zoom.us/rec/play/uMB7I-D--j83ToDAtgSDUaJ7W9Xueqis0nRK-6FfmUm0VSMBZ1qjYLIbZbHenouY882eTH8fEnI5K7DA?startTime=1585587811000&_x_zm_rtaid=5PWyeRatQdGWZ2q1UH7K6w.1585657713810.05dafc99f0c11cb46ffb1a63ddd87e47&_x_zm_rhtaid=904 Rav Willig (min 2)] has a similar approach.</ref><br />
#Some say that there's no concern to have the hand baked matzot this year.<ref>Rav Asher Weiss (Teleconference March 22 2020, min 19) said that there's no concern to use the hand-baked matzot since they were baked earlier in the year. His personal minhag is to have only hand baked matzot. In terms of using machine matzah he felt that it is only a chumra not to use them even for the mitzvah of motzei matzah and one could use them if there's no other option.</ref><br />
<br />
==[[Eruv Tavshilin]] and [[Eruv Chatzerot]]==<br />
<br />
#A rabbi should establish an eruv tavshilin on behalf of his whole community. Even though usually he acquires it to another person who isn't a family member on behalf of the community, this year because of social distancing one can acquire it to one's wife. <ref>[https://www.yutorah.org/lectures/lecture.cfm/951181/rabbi-hershel-schachter/piskei-corona-19-eruv-tavshillin-and-eruv-chatzeiros-and-social-distancing/ Rav Schachter (Piskei Corona #19)]</ref><br />
#An eruv tavshilin works to allow cooking from Yom Tov to Shabbat even though it isn't possible to have guests in most cases.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951181/rabbi-hershel-schachter/piskei-corona-19-eruv-tavshillin-and-eruv-chatzeiros-and-social-distancing/ Rav Schachter (Piskei Corona #19)] explained that usually we use the concept of ''hoil'', since guests might arrive who can eat the food one cooked, to permit cooking from one day of Yom Tov to Shabbat. However, this year that seems not to be applicable. Rav Schachter explained based on the Maharam Chalavah that ''hoil'' doesn't necessitate that one actually have guests or even have the ability to have guests, it is rather a halachic principle since objectively it is possible to have guests the eruv is effective.</ref><br />
#The communal eruv chatzerot continues to be effective even though the communal box of matzah's might not be accessible.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951181/rabbi-hershel-schachter/piskei-corona-19-eruv-tavshillin-and-eruv-chatzeiros-and-social-distancing/ Rav Schachter (Piskei Corona #19)] explained that since theoretically it is possible to get the box alone for a few minutes it isn't completely inaccessible (see Har Tzvi OC 2:16).</ref><br />
#It is permissible to wear a surgical mask on Shabbat outside and it isn't [[carrying]] as long as it is fastened well and won't fall off.<ref>[https://itorah.com/daily-halacha/lecture/may-one-wear-a-surgical-mask-on-shabbat-in-a-public-domain/3803 Rabbi Mansour]</ref><br />
<br />
==Birchat Ha'ilanot==<br />
<br />
#One can recite birkat hailanot from indoors if one can see the trees but one may not recite them by seeing the trees on a video.<ref>Ateret Paz p. 154-6</ref> See the [[Birchat HaIlanot]] for more details and sources.<br />
<br />
==[[Tanit Bechorot]]==<br />
<br />
#A person should try to finish a short masecheta to make his own siyum.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-1-Mar-24-2020.pdf Rav Hershel Schachter (Teshuva dated 28 Adar 5780 p. 2)], [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref> Some say that learning one masechta with Bartenura is sufficient.<ref>[https://itorah.com/daily-halacha/lecture/ta-anit-bechorot-during-the-coronavirus-pandemic/3802 Rabbi Mansour], [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref><br />
#Many poskim say that he can rely on a siyum over the phone or video livestream.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-1-Mar-24-2020.pdf Rav Hershel Schachter (Teshuva dated 28 Adar 5780 p. 2)]. [https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards beginning)]. [https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 1-4)] explained that Rav Schachter and Rav Shlomo Zalman Auerbach hold that it is enough to listen and join with the siyum over the phone or video call. However, other poskim don't like this leniency. Rav Asher Weiss (Teleconference March 22 2020, min 7) agreed that one can be yotzei with a siyum over the phone or video for the tanit bechorot. [https://www.torahanytime.com/#/lectures?v=106099 Rav Shmuel Fuerst (min 6)] agreed that this year you can be yotzei the siyum over the phone since it is an extenuating circumstance. [https://youtu.be/Yo6IJi2V-bw Rav Avigdor Nevinsal] agreed that you can be part of a siyum over the phone and the meal one has afterwards is a seudat mitzvah. [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim] holds that it is better to make a siyum oneself even on a tractate of mishna but if that's not possible one can listen on the phone.</ref><br />
#Some say that in the event one can't make one's own siyum or even hear someone else's, one doesn't need to fast this year in order to maintain strength in this time of a health crisis.<ref>[https://itorah.com/daily-halacha/lecture/ta-anit-bechorot-during-the-coronavirus-pandemic/3802 Rabbi Mansour]</ref><br />
<br />
==Birkat Halevana==<br />
<br />
#Ideally one should recite birkat halevana outdoors.<ref>Rama 426:4</ref> If one can not do so one can recite Birkat Halevana from inside but initially one should open the window.<ref>Pri Megadim M"Z 426:4, Mishna Brurah 426:21</ref> See the [[Birkat HaLevana]] page.<br />
<br />
==Chol Hamoed==<br />
<br />
#One can't buy stocks or sell them on Chol Hamoed, however, if not selling them could lead to a loss of one's original capital that one invested one can sell it.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref><br />
<br />
See [[Chol Hamoed]] for many details.<br />
<br />
==Using Zoom for the Seder==<br />
<br />
#Although a minority of rabbis allow using Zoom for this emergency situation in a very extenuating circumstance where an elderly single person is alone for the seder away from family because of the quarantines to use technology to leave a video conference going for Yom Tov to join with a family seder,<ref>[http://www.israelnationalnews.com/News/News.aspx/277764 Rabbi Eliyahu Abergel and other rabbis]</ref> most rabbis consider this to be a breach of halacha.<ref>Rav Asher Weiss (Teleconference March 22 2020 11am, min 39; teshuva in Minchat Asher Corona pp. 75-6), [http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-2-Mar-25-2020.pdf Rav Herschel Schachter (teshuva Adar 29 5780)], [https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 20-22)], [https://www.inn.co.il/News/News.aspx/432065 Rav Yosef Tzvi Rimon]. Rav Willig's held that it is absolutely forbidden and it is a tremendous zilzul Shabbat besides questions of others prohibitions of Shabbat.</ref> There is a discussion if the firstgroup of rabbis retracted.<ref>[https://vosizneias.com/2020/03/24/the-heter-for-zoom-at-the-seder-is-incorrect-and-should-be-retracted/ Rabbi Yair Hoffman] describes how 3 of the original signers of the lenient ruling would only permit under life and death needs and not in general. However, [https://www.jpost.com/israel-news/zoom-passover-seder-rabbis-hit-back-at-critics-622494 another article] describes how some of the original rabbis who were lenient confirmed their opinions.</ref><br />
#It is suggested to perform a pre-pesach zoom seder for people who you can't invite to your seder in order to share divrei torah, songs, and the experience of the seder before Yom Tov.<ref>[https://www.inn.co.il/News/News.aspx/432065 Rav Yosef Tzvi Rimon]</ref><br />
#For someone who is clinically depressed to the point that there is a concern of suicide or just losing one's mind it is permitted to use a phone to call him to cheer him up and check on him. However, if there's a way to check the patient before Pesach one should do so.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-2-Mar-25-2020.pdf Rav Herschel Schachter (teshuva Adar 29 5780)]. [https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Willig (min 24)] agrees that we violate Shabbat for someone who is suicidal but they can use the phone.</ref> A person should check with his rabbi in each case.<br />
#A person should recite Ha lachma anya this year as one would any other year, even though that phrase is a call for inviting guests and this year that is impossible.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951299/rabbi-hershel-schachter/piskei-corona-21-can-we-say-kol-dichfin-this-year-/ Rav Schachter (Piskei Corona #21)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
<br />
==[[Sefirat Haomer]]==<br />
<br />
#If someone couldn't get a hair cut because the barbers were all closed before Pesach, then if one reached the point when it very noticeably long and people would tell him to get a haircut he can take a haircut during [[Sefira]]. Today it can be estimated that if it has been more than 2 months since his last haircut he can take a haircut during the Sefira.<ref>https://www.yutorah.org/lectures/lecture.cfm/950659/rabbi-hershel-schachter/piskei-corona-16-haircuts-on-chol-hamoed-and-sefira/ Rav Schachter (Piskei Corona #16)</ref><br />
<br />
==Mikveh==<br />
<br />
#Each community rabbi needs to decide these sort of questions however in theory it is possible for the Mikva to remain open and allow women who aren't having symptoms or aren't quarantined to go to Mikva. They should be extra careful about hygiene and prepare completely at home, go to the Mikva where there is no contact with anyone besides a brief contact with the water which has chemicals for cleanliness. Then upon returning home there are poskim who allow the woman to take a shower when she gets home to clean herself off.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/950654/rabbi-hershel-schachter/piskei-corona-12-showering-after-the-mikvah/ Rav Hershel Schachter (Piskei Corona #12)], [https://www.torahanytime.com/#/lectures?v=105574 Rabbi Shay Tahan]. Rav Asher Weiss (March 29 2020) said it is obviously permitted to overlook the chumra of not showering when the woman returns from mikveh at these times.</ref><br />
#On Shabbat, if a woman goes to mikveh she can not take a hot shower when she gets back since turning on the hot water is causing cold water to enter the boiler and cook. Rather she should either decide to take a completely cold shower or delay the mikveh until Motzei Shabbat. She should also not decide not to take a shower at all because one shouldn't do something unsafe when there's an option to delay going to mikveh.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951538/rabbi-hershel-schachter/piskei-corona-26-showering-when-returning-home-from-the-hospital-or-the-mikvah-on-shabbos-or-yom-tov/ Rav Schachter (Piskei Corona #26)]</ref><br />
#On Yom Tov, according to those who are lenient to permit [[showering on Yom Tov]], when a woman returns from the mikveh should do so. Rav Schachter's opinion is that it is only permitted to take a shower on Yom Tov with water that is just hot enough to remove the chill from the water (less than lukewarm). If she decides she doesn't want to take such a shower, she should delay going to mikveh until after Yom Tov.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951538/rabbi-hershel-schachter/piskei-corona-26-showering-when-returning-home-from-the-hospital-or-the-mikvah-on-shabbos-or-yom-tov/ Rav Schachter (Piskei Corona #26)]</ref><br />
#The OU has established [https://www.ou.org/covid-19-and-the-mikvah-recommended-protocols/?utm_source=SilverpopMailing&utm_medium=email&utm_campaign=Mikvah%20Guidance%20(1)&utm_content=&spMailingID=32100310&spUserID=MTM2NTc0Mjg0NTYwS0&spJobID=1683098314&spReportId=MTY4MzA5ODMxNAS2 health guidelines] in order to allow a mikveh to remain open.<br />
#The RCBC also stated that Mikva's are remaining open for the time.<ref>[https://www.theyeshivaworld.com/news/featured/1839350/no-shul-yeshivas-shabbos-guests-levayos-shiva-vaad-harabanim-of-bergen-county-releases-letter.html RCBC letter on yeshivaworld.com]</ref><br />
#The men's mikveh's should be closed at this time. Even if a person is careful to go to mikveh each day he can fulfill this custom by taking a 5 minute shower.<ref>Rav Asher Weiss (Teleconference March 22 2020, min 12)</ref> See [[Preparations_for_Davening#Going_to_Mikveh]] for details.<br />
<br />
==Tevilat Kelim==<br />
<br />
#Each community should decide whether or not close the kli mikveh out of a safety concern. You can do the [[tevilat kelim]] in the ocean.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 5-9)], [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref><br />
#Alternatively, one can use tevilat kelim in the mikvah while wearing gloves, then throw out the gloves, wash off the kelim with soap and water. If the community has other procedures for safety one should observe them.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 5-9)], [https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 3-4)]</ref><br />
#As a last resort one can avoid tevilat kelim by giving the pots to a non-Jew and borrowing them back. One can rely on this until the virus passes.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 5-9)], [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]. [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal] said that one could rely upon this if there was no other option. [https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 14-16)] allows selling the kelim to a non-Jew. Rav Yosef Tzvi Rimon (teshuva dated Nisan 1 5780) recommended this.</ref> If one can't sell or gift the pots to a non-Jew oneself one can do so online through [https://nirshamti.co.il/e-%D7%98%D7%91%D7%99%D7%9C%D7%94/ Zomet].<br />
#Another option is for a person to declare the pots that need tevilat kelim to be ownerless (hefker) in front of 3 Jews. One has to have full intent that the pots are ownerless and if someone took them one would have no claim upon them. If these Jews can't be there in person it is sufficient if they are present through social media technology but they should be people who live in the neighborhood. They should then leave the pots outside their house for a few minutes so that if someone wanted to take them they could. <ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-1-Mar-24-2020.pdf Rav Hershel Schachter (Teshuva dated 28 Adar 5780 p. 1)], [https://itorah.com/daily-halacha/lecture/if-one-has-new-utensils-which-he-is-unable-to-immerse/3801 Rabbi Mansour]</ref> Others disagree.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 5-12)] said that one shouldn't use the solution to make the pots hefker since you're using the kelim. See Sefer Tevilat Kelim p. 84 based on Maharil Diskin. See S"A Harav 445:1 that hefker that isn't meaningful since you plan to reacquire it isn't a solution. However, Rav Elyashiv and Rav Soloveitchik allowed it in extenuating circumstances. Rav Asher Weiss (Minchat Asher Corona p. 72) writes that one should avoid using new pots and relying on this leniency to mafkir but in an extenuating circumstance one can rely on it.</ref><br />
#If there's are no solutions, some poskim would allow using the pots without tevilat kelim in this extenuating circumstance.<ref>Rav Asher Weiss (Teleconference, March 22 2020 11am), Rav Yosef Tzvi Rimon (Teshuva dated Nisan 1 5780)</ref><br />
#Regarding a seder plate and kos shel eliyahu requiring tevilah, see [[Tevilat Kelim]] page.<br />
<br />
==[[Brit Milah]]==<br />
<br />
#A Brit Milah can be done without a minyan since gatherings aren't safe.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
#A grandfather or someone else involved in a brit milah via zoom can recite the naming of the baby but he should not recite the bracha of asher kidash yadid mbeten.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951300/rabbi-hershel-schachter/piskei-corona-22-participating-in-a-simcha-via-zoom/ Rav Schachter (Piskei Corona #22)]</ref><br />
<br />
==Naming a Girl==<br />
<br />
#Although normally we try to name a baby girl at an aliya to the Torah, a person doesn't need a minyan in order to name a girl and under the circumstances should do so without delay.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Neventzal], [https://www.yutorah.org/lectures/lecture.cfm/950292/rabbi-hershel-schachter/piskei-corona-11-krias-shem-for-a-baby-girl/ Rav Schachter (Piskei Corona Teshuva #11)], [https://vimeo.com/399141271 Rabbi Moshe Heinemann] at about 16:45</ref><br />
==[[Pidyon Haben]]==<br />
# In order to do a [[Pidyon Haben]] the father has to give 5 shekalim (of the days of the Torah) to a kohen. If they can meet in a safe way while following all of the social distancing practices they should. If not, then the father should leave the money or equivalent outside his door for a neighbor<ref>Rav Rimon pointed out that using one's wife to acquire the money to someone else is a dispute and should be avoided.</ref> to pick up on behalf of the kohen and that acts as a kinyan for the kohen to acquire the money. Then the father should video the kohen to recite the bracha and the rest of the text for the pidyon haben.<ref>Rav Yosef Tzvi Rimon (teshuva 12 Nissan 5780)</ref><br />
# The money to be used for the pidyon haben needs to the pidyon haben coins, silver, or any other valuable item which has actual worth. One can not use cash or check for this.<ref>Rav Yosef Tzvi Rimon (teshuva 12 Nissan 5780)</ref> These item collectively need to be worth 100 grams of silver. See the Pidyon Haben page for details.<br />
<br />
==Bar Mitzvah's==<br />
<br />
#[https://www.torahanytime.com/#/lectures?v=105558 A message for Bar Mitzvah Boys in the Lockdown by Rabbi Pesach Krohn]<br />
#A bar mitzvah boy who missed the opportunity to read his parsha in shul when he became bar mitzvah'ed when it is next possible to go to shul he can add his parsha as a hosafa and read it then. Additionally, the haftorah can follow that hosafa.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards end)]</ref><br />
#The father of a Bar Mitzvah boy who couldn't layn should wait until he can do something that shows he's Bar Mitzvah like layn or daven as Shaliach Tzibbur to make such a bracha.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
<br />
==Weddings==<br />
<br />
#Ideally a wedding shouldn't be pushed off if both parties are ready even though it means having a tiny wedding.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal], [https://www.kimizion.org/maamar/5780_5784/keter.pdf (Keter Yitanu Lecha p. 38)]</ref><br />
#A rabbi should not officiate at a wedding that isn't abiding by the CDC guidelines of health because he is furthering unsafe practices.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards beginning)]</ref><br />
#It has been asked whether or not the poskim are more lenient this year regarding weddings during [[Sefira]] but the answer is that it is not determined because the situation is still unclear.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref> Some are lenient but it is best to schedule for [[Rosh Chodesh]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref><br />
#If in this dire situation it isn't possible to have a minyan, it is possible to have a wedding nonetheless without [[Sheva Brachot]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/951180/rabbi-hershel-schachter/piskei-corona-18-getting-married-with-less-than-10-men-present/ Rav Schachter (Piskei Corona #18)] explained that although it isn't possible to recite Sheva Brachot and seemingly they forbid the couple to each other without Sheva Brachot in this extenuating circumstance one can rely upon the opinion that the wedding is valid and they are permitted even without Sheva Brachot (see Nodeh Beyehuda EH 1:56). For birkat erusin certainly having a minyan isn't critical (Shulchan Aruch E.H. 34:4) although it is preferable and in this circumstance unnecessary. From Bet Shmuel 64:4 it appears to be a dispute between the Shulchan Aruch and Rama whether one is allowed to have a wedding at all if it is extremely difficult to get a minyan, the Rama being lenient. </ref><br />
#A minyan for [[sheva brachot]] can not be created via Zoom. Additionally, one can't recite a bracha of sheva brachot for the couple via Zoom.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951300/rabbi-hershel-schachter/piskei-corona-22-participating-in-a-simcha-via-zoom/ Rav Schachter (Piskei Corona #22)]</ref><br />
<br />
==[[Fast Days]]==<br />
<br />
#If the rabbis declare a half fast day until [[Chatzot]] according to Ashkenazim an individual can recite [[Anenu]] in Mincha Shemona Esrei<ref>Rama 562:1 writes that Ashkenazim hold that even for an incomplete fast one can recite anenu. Mishna Brurhah 562:48 references this Rama in discussing a fast that was accepted to fast until chatzot. The Mishna Brurah 562:7 cites a debate as to whether one should omit the words צום תעניתנו while reciting עננו in such a scenario as many poskim argue that a half fast is not considered a fast and therefore one would not want to risk speak falsely, particularly when he is speaking to Hashem.<br />
<br />
*[https://www.theyeshivaworld.com/news/israel-news/1841977/hagaon-harav-chaim-kanievsky-calls-to-fast-for-half-a-day-on-erev-rosh-chodesh.html Rav Chaim Kanievsky] declared a half fast on Erev Rosh Chodesh Nissan 5780.</ref> assuming he is still fasting when he prays Mincha.<ref>Mishna Brurah 562:6</ref> According to Sephardim one can only recite anenu if one fasts the entire day.<ref>Shulchan Aruch 562:10-11 holds that a incomplete fast is not considered a fast with respect to saying anenu. Therefore if one only fasts until chatzot one should not recite anenu.</ref><br />
#A person should accept the fast from the day before, as is traditionally done at mincha time. If one didn't do so, according to Sephardim one shouldn't recite anenu, but according to Ashkenazim one can recite anenu.<ref>Shulchan Aruch and Rama 562:5</ref><br />
<br />
==Mezuzah==<br />
<br />
#A person should not kiss any mezuzah, or any siddur or chumash of a shul or a public area at this time because of concern of spreading COVID19.<ref>[https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)], [https://www.jpost.com/israel-news/chief-rabbi-of-israel-due-to-coronavirus-stop-kissing-the-mezuzah-619753 Chief Rabbi Rabbi David Lau]</ref><br />
<br />
==Shalom Bayit==<br />
<br />
#It is critical to be mindful of other people when everyone is under stress and no one is completely comfortable. [https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Dr. Pelcovitz] discusses the implications quarantine can have Shalom Bayit.<br />
#It is forbidden for a couple to have [[tashmish]] at a night of famine<ref>Gemara Tanit 11a, Shulchan Aruch O.C. 240:12</ref> since everyone is in distress it is incumbent on everyone to take upon himself an aspect of distress.<ref>Mishna Brurah 574:9</ref> The same is true for any time of societal distresses.<ref>Rama 240:12 based on Yerushalmi Tanit. Olot Tamid 240:6 (cited by Kaf Hachaim 240:85) understands the Rama to apply to any type of tragedy that we would declare a fast over.</ref> Others disagree.<ref>Shaarei Knesset Hagedola (Hagahot Tur 240:5) writes that tashmish is only forbidden during a famine, plague of the crops, locusts and the like which cause a famine but not for other tragedies or troubles. Kaf Hachaim 240:85 rules like the Shaarei Knesset Hagedola either because that is the explanation of the Yerushalmi or we don't follow the Yerushalmi.</ref><br />
#It is permitted to have tashmish on mikvah night.<ref>Shulchan Aruch O.C. 574:11 writes that it is permitted for a couple to have tashish on mikva night. Mishna Brurah 574:11 cites the Magen Avraham who argues with Shulchan Aruch but then he cites the Bigdei Yesha and Nahar Shalom who are lenient and there's what to rely on to follow Shulchan Aruch. Mishna Brurah concludes that certainly one can be lenient at a time when it isn't a famine and it is just another time of distress in the world.</ref><br />
#It is permitted to have tashmish for a couple who didn't yet fulfill [[pru urevu]].<ref>Shulchan Aruch O.C. 240:12, 574:4, Mishna Brurah 240:47</ref> Once his wife is pregnant this leniency doesn't apply.<ref>Mishna Brurah 574:12</ref><br />
#If he has a strong yetzer hara and there is a concern of [[hashchatat zera]] it is permitted.<ref>Mishna Brurah 240:46</ref><br />
#There is what to rely upon to have tashmish at a time of war and there is no midat chasidut to be strict, especially for young couples even for someone who fulfilled pru urevu.<ref>Tzitz Eliezer 13:21</ref><br />
#During the time then the plague of corona virus is rampant in the world there is a lot to rely upon to have tashmish. Someone who wants to be strict can do so.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949166/rabbi-ally-ehrman/is-tashmish-hamitta-permitted-during-the-coronavirus-pandemic-/ Rabbi Ehrman on yutorah]. Rav Asher Weiss (Zoom Conference, March 22 2020, 11am, min 15) was lenient he said that the situation presently isn't one that rises to the level where we need to declare a fast. Also, since domestic violence recently has been on the rise because of the quarantines one shouldn't be strict in this area. </ref><br />
<br />
==Laid off Workers and Cancelled Contracts Because of Corona==<br />
<br />
#If there's a employee that is unable to work because of a societal or national crisis the employees should continue to be paid by the employers according to many opinions or at least they should make a compromise.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949287/rabbi-michoel-zylberman/coronavirus-and-laid-off-employees/ Rabbi Zylberman on yutorah]. Mordechai b"m 343 writes that if there's a decree in the town that the teachers can't teach the teachers should still be paid. Rama C.M. 321:1 cites this Mordechai and applies it to any worker in 334:1. The Sama 334:2 argues with the Mordechai and holds that since the employee can't work and both aren't at fault and both couldn't foresee this the employer is exempt. Netivot 334:1 limits the idea of the Mordechai to a teacher and not other employers since a teacher is paid for sachar betela (see [[Laws_of_Learning_Torah#Taking_Money_for_Learning_and_Teaching_Torah]]). Shach 334 holds that this opinion of the Mordechai only applies if majority of the town ran away because of a crisis but if only a minority runs away then the employee isn't entitled to payment. Aruch Hashulchan 334:10 has another approach. If the situation prevents the worker from working then he is entitled to pay but if he runs away then he isn't. Rabbi Zylberman explained from Mishpat Poalim we think that this is a case of Hamotzei Mchavero Alav Harayah, whoever is holding onto the money can claim that he is exempt from paying or returning the money. Rav Asher Weiss in Minchat Asher 2:106 says that they should make a compromise, and Rav Bleich ([https://www.sefaria.org/Contemporary_Halakhic_Problems%2C_Vol_IV%2C_Chapter_XIV_The_Intifada_and_the_Gulf_War.35?lang=bi&with=all&lang2=en Contemporary Halachic Problems v. 4]) thinks that we follow the Rama. Once the Chatom Sofer had a case in his town and he felt that they should pay but he couldn't force everyone to pay it so he told them to pay half. Rav Yona Reiss had a case where they made a compromise. <br />
<br />
*Rav Asher Weiss (Zoom Conference, March 22 2020, 11am, min 21-25) thought that one should compromise and give the workers who aren't working 30% of their pay. This applies Jewish and non-Jewish workers. This is based on the Rama and Sama CM 221. As for the day schools and daycares that are closed and not providing services one theoretically should be exempt. Since it might be devastating to the schools one needs to wait until the government makes a decision. Either way, we should wait until there is a major decision from the government or authorities and follow that. Until then for the schools we should pay so that the teachers can have a salary for their [[parnasa]].</ref><br />
#This applies to contractors for cancelled events as well.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949287/rabbi-michoel-zylberman/coronavirus-and-laid-off-employees/ Rabbi Zylberman on yutorah]</ref><br />
#If someone rented out an apartment to someone and then he wants to retract because of a concern that the potential tenants have the virus, some say that it is forbidden to back out of the contract.<ref>[http://kol-barama.co.il/item/%D7%A4%D7%99%D7%A7%D7%95%D7%97-%D7%A0%D7%A4%D7%A9-%D7%A7%D7%95%D7%A8%D7%95%D7%A0%D7%94-%D7%A2%D7%A4%D7%99-%D7%94%D7%94%D7%9C%D7%9B%D7%94/ Rav Yakov Sinai] based on Rama in teshuva, Shach CM 312 and other sources</ref> The same is true of a hotel or pesach program that was cancelled.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951789/rabbi-hershel-schachter/piskei-corona-27-the-importance-of-tzedaka-and-chesed/ Rav Schachter (Piskei Corona #27)] writes that it is important to reach a peshara, compromise, with respect to the question of how much a person should be paid in return for the pesach programs that were cancelled.</ref><br />
<br />
==Yeshiva Tuition==<br />
See previous section about the background for this question.<br />
<br />
#Even though the question of whether a person should pay tuition while it is closed is subject to debate a person should make sure to pay in full as the yeshivot do not have enough money and it is critical to give tzedaka at this time, which is a great merit to protect oneself from any danger.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951789/rabbi-hershel-schachter/piskei-corona-27-the-importance-of-tzedaka-and-chesed/ Rav Schachter (Piskei Corona #27)</ref><br />
<br />
==[[Bikur Cholim]]==<br />
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#A person doesn't have to and shouldn't visit someone who has a virus that contagious such as corona.<ref>[http://kol-barama.co.il/item/%D7%A4%D7%99%D7%A7%D7%95%D7%97-%D7%A0%D7%A4%D7%A9-%D7%A7%D7%95%D7%A8%D7%95%D7%A0%D7%94-%D7%A2%D7%A4%D7%99-%D7%94%D7%94%D7%9C%D7%9B%D7%94/ Rav Yakov Sinai (min 3)] explains that although the Rama in a teshuva and Knesset Hagedola hold that one should visit the sick even if they have a contagious disease, the Shulchan Gavoha and others disagree and that is the halacha.</ref><br />
#A person fulfills the mitzvah of bikur cholim on the phone according to many poskim.<ref>[https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Shlomo Aviner (Keter Yitnu Lecha p. 34)] citing Igrot Moshe YD 1:223 and Tzitz Eliezer 8:5. Rav Aviner added that the main idea of bikur cholim is to do what is best for the patient and in our context that is to call.</ref><br />
#Someone who is praying for a mortally ill patient to get better and doesn't know if he is still alive should pray for his well-being and not specifically for him to get better.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951537/rabbi-hershel-schachter/piskei-corona-25-davening-for-the-sick/ Rav Schachter (Piskei Corona #25)]</ref><br />
<br />
==Burial and Mourning==<br />
===Burial===<br />
<br />
#Each place should follow the guidelines that are in place for safety. If a minyan isn't possible, then the next thing that is to try to have is Jews doing the burial. If they don't even let that, then afterwards a Jew should check that the burial by the non-Jews was done properly in the ground.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 26-8)]. [https://www.yutorah.org/sidebar/lecture.cfm/951298/rabbi-hershel-schachter/piskei-corona-20-tahara-for-meisim/ Rav Schachter (Piskei Corona #20)] said that they should specifically have as few people as possible for the burial and maybe just the workers and that too fulfills the mitzvah of burial.</ref> It is forbidden to cremate and it is still considered not dangerous to properly do a burial with no tahara and minimal involvement of the fewest people or simply the cemetery workers.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951298/rabbi-hershel-schachter/piskei-corona-20-tahara-for-meisim/ Rav Schachter (Piskei Corona #20)]</ref><br />
#At this time the chevra kadisha should not perform a tahara for the deceased since it could lead to danger.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951298/rabbi-hershel-schachter/piskei-corona-20-tahara-for-meisim/ Rav Schachter (Piskei Corona #20)]</ref><br />
#A person who was buried in America because of the corona virus but was planned to be buried in Israel can later when the virus isn't an issue be reburied in Israel, even though generally we don't rebury someone who was buried.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)]</ref> See the topic of [[Laws_and_Customs_of_a_Funeral#Under_What_Circumstances_is_it_Permitted_to_Move_Someone_Buried.3F|reburying a corpse]] in general.<br />
#Regarding burials on Yom Tov and Yom Tov Sheni, see [https://www.yutorah.org/lectures/lecture.cfm/951790/rabbi-hershel-schachter/piskei-corona-28-guidelines-for-burial-on-shabbos-and-yom-tov/ Rav Schachter's Guidlines for burial on Shabbat and Yom Tov]<br />
<br />
===Kriyah===<br />
<br />
#The rabbi could do the [[Kriyah]] for the mourner with gloves and a mask or he can simply tell the mourner to do it.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Willig (min 29)]</ref><br />
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===Avelut===<br />
<br />
#A person who is no going to be involved in the burial anymore because the deceased was given to the chevra kaddisha then he is not considered an [[Onen]] anymore and should begin [[Avelut]] (mourning). However, if he is going to call relatives to tell them about the levaya then he is still an [[Onen]].<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)]</ref>. If he is going to watch the burial with Zoom or listen on the phone it is unclear if he is still an Onen.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)] isn't certain if a person involved in the burial merely because he is watching via Zoom is still considered an Onen. [https://www.yutorah.org/sidebar/lecture.cfm/839779/rabbi-asher-bush/%d7%94%d7%aa%d7%97%d7%9c%d7%aa-%d7%90%d7%91%d7%99%d7%9c%d7%95%d7%aa-%d7%9c%d7%9e%d7%99-%d7%a9%d7%90%d7%99%d7%a0%d7%95-%d7%a0%d7%9e%d7%a6%d7%90-%d7%91%d7%a7%d7%91%d7%95%d7%a8%d7%aa-%d7%90%d7%91%d7%99%d7%95-%d7%95%d7%9e%d7%a9%d7%aa%d7%aa%d7%a3-%d7%a2-%d7%99-%d7%94%d7%98%d7%9c%d7%a4%d7%95%d7%9f/ Rav Asher Bush] wrote based on MPeninei Harav p. 202 that he considers someone phoning into a burial to not be an Onen unless they're going to ask him questions about the burial.</ref><br />
#On [[Erev Pesach]] if someone is buried before [[Chatzot]] (midday) the relatives should observe [[Avelut]] (mourning) before Chatzot and then at Chatzot it is considered like a Yom Tov and the rest of the [[Shiva]] is cancelled. If the person is buried after [[Chatzot]] they should observe Avelut before Yom Tov and then the Yom Tov will come and cancel the rest of [[Shiva]].<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)]</ref><br />
#A mourner shouldn't eat his first meal after the burial, the [[Seudat Havrah]], from his own food; other should provide that food. If at this time when people are concerned for COVID19 and might not send food, if the mourner knows that he isn't going to be sent food, he can eat the first meal from his own food.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)]</ref><br />
<br />
===Kaddish and Iyluy Neshama===<br />
<br />
#Under the circumstances a person can not recite the kaddish because minyanim aren't available. Therefore, a person should take upon himself to learn mishnayot for the deceased.<ref>Rav Asher Weiss (Minchat Asher Corona pp. 58-9)</ref><br />
<br />
See [[Practices_in_the_Mourner%27s_House#Iyluy_Neshama]] and [[Kaddish]] pages.<br />
<br />
==[[Kibbud Av Vem]]==<br />
<br />
#If one's parents ask him to do something which the department of health has deemed unsafe a person should not listen to his parents in such a case and that isn't a breach of Kibbud Av Vem.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-2-Mar-25-2020.pdf Rav Schachter (Teshuva Adar 29 5780)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
<br />
==Violating Shabbat for [[Pikuach Nefesh]]==<br />
'''On Shabbat or Yom Tov, if anyone has any concern whatsoever that they are in serious danger because of deteriorating health, they should immediately call a doctor or [[Going_to_and_Staying_in_the_Hospital_on_Shabbat|go to the hospital]].'''<br />
<br />
#It is a well established halacha that it is not only permitted but even a mitzvah to violate [[Shabbat]] in order to safe a life or to remove a situation that presents even a slight chance of danger.<ref>Shulchan Aruch O.C. 328:13</ref> The question is how to define the threshold of danger.<ref>[http://nleresources.com/2020/03/rav-asher-weiss-coronavirus-in-halacha/#.XnoNOIjYrIU Rav Asher Weiss (March 15 2020, min 18-22) to Beit Midrash Gavoha] explained that the definition of danger in order to violate Shabbat isn't defined by statistics. For vaccinations we assume that it is a sakana not to vaccinate even though the odds of dying because of the measles is low. Since it is preventable it is incumbent upon us to vaccinate. He concludes that as long as it is a natural phenomenon and there is an action that we can do to prevent deaths we must do so.</ref><br />
#In certain cases of emergency regarding corona virus it would be allowed to violate Shabbat.<ref>[https://www.theyeshivaworld.com/news/headlines-breaking-stories/1841156/harav-zilberstein-answer-telephone-on-shabbos-if-awaiting-results-of-coronavirus-test.html Rav Zilberstein] allowed a patient to answer the phone on Shabbat with a [[shinuy]] only to hear the results of a test and answer questions for epidemiological investigation. If the test results that show that a patient has the virus are produced on Shabbat it is incumbent for the health department to deal with the quarantine then and it is permitted to answer the phone for that.</ref> Obviously every single case is different and one should learn the laws of Pikuach Nefesh from a rabbi in advance.<br />
#If a person is discharged from the hospital on Shabbat and they need him to leave because of the lack of space that they have because of the numbers of people who are ill, his family member can drive to get him. They should do a [[Shinuy]] when turning on the car like turning the key with one's weaker hand, or pressing the button on the key with one's knuckle. Also, when turning off the car one should use a Shinuy.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950282/rabbi-hershel-schachter/piskei-corona-6-pikuach-nefesh-on-shabbos/ Rav Schachter (Piskei Corona #6)]</ref> However, a similar question regarding a nurse returning from the hospital on Shabbat some poskim say that she may not drive herself but rather should take a non-Jewish cab and just be careful when in and after leaving the taxi.<ref>Rav Asher Weiss (teshuva "Nesiyat Achot" Nissan 5780) was uncomfortable permitting driving oneself home from the hospital on Shabbat even if it was for an emergency since it is a large dispute between Rav Moshe and Rav Shlomo Zalman. Rather he said that one should take a cab with a non-Jewish driver. Even though at this time when people are concerned about getting the virus from going in a cab, he still felt that it isn't considered pikuach nefesh and one shouldn't still drive oneself. Rather one should take the cab but very careful.</ref><br />
#If a relative is in the hospital and the family members would call the hospital that would indicate to the doctors and nurses that the family cares and the patient will receive better treatment, it is permissible to do so on Shabbat or Yom Tov.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951791/rabbi-hershel-schachter/piskei-corona-29-calling-the-hospital-on-shabbos-or-yom-tov-to-advocate-for-relatives/ Rav Schachter (Piskei Corona #29)]. [https://www.theyeshivaworld.com/news/featured/1848379/important-message-from-flatbush-hatzolah-about-family-members-in-hospitals.html Flatbush Hatzolah] announced the same thing but they said that the calling and hanging up should be done with a shinuy.</ref><br />
<br />
==Doctors Working in the Hospital==<br />
<br />
#Regarding the larger issue of halachic triage see [https://www.yutorah.org/lectures/lecture.cfm/951531/rabbi-hershel-schachter/piskei-corona-15-triage-in-medical-decisions-updated-/ Rav Schachter (Piskei Corona #15 Updated)]. Here is a relevant [https://docs.google.com/document/d/1CtQ_XHzQarzg_0PEQODCO1ATKlM_cEmvPsXa8kdpgJA/edit sourcesheet on Halachic Triage]. [https://aiayk.org/pesachaudio/ Rav Asher Weiss (Teleconference April 6 2020, min 5-15)] discusses triage in halacha and what doctors should do.<ref>Rav Asher feels that there are only two factors that we consider for halachic triage: give precedence to someone who is in immediate danger, and give treatment to whoever has a better chance for survival. Age or spiritual need for the community are not factors for precedence. <br />
<br />
*Rav Asher says that for choleh shebifanenu the knowledge that another choleh is going to come in soon is considered pikuach nefesh if will with certainty be helpful. Therefore, if an older patient comes into the hospital but they know a younger patient is going to come in, they can consider them as though they came in together and treat according to who is in immediate danger and who has the better chance to live. Rav Schachter felt the same way in his teshuva.<br />
*If a hospital has a certain regulation, does he need to disregard the hospital protocols? Rav Asher Weiss felt that the doctors should not disregard hospital protocol, for multiple reasons but partly because if he doesn't he'll lose his license and having more able doctors at this time is pikuach nefesh.<br />
*Pulling a patient off a ventilator because someone entered the hospital who has a better chance of living, Rav Asher (min 27) felt is forbidden. Rather the doctor should say that he feels uncomfortable to do this and should let another doctor do it. Rav Schachter felt that one should try to convince the older patient to sign a DNR at that point in order to save the younger patient.</ref><br />
#A doctor may and is encouraged to perform a life saving procedure if he is wearing the correct protective gear.<ref>[https://aiayk.org/pesachaudio/ Rav Asher Weiss (Aguda Teleconference, April 6, 2020, min 18-22)] explains that you can’t put yourself in danger. However, you can if you’re saving someone from an immediate danger and you’re putting yourself in minimal danger then it is a middat chasidut to do so. Therefore, a doctor should do mechanical ventilation CPR on a COVID19 patient if he has the correct protective gear.<br />
<br />
*Rav Asher (min 33) allowed sharing ventilators when the doctors see fit in order to save another life because moving a patient from a single ventilator to a shared ventilator isn't considered doche nefesh mipnei nefesh since it isn't proven to be dangerous to use a shared ventilator. He also cited the Chazon Ish regarding turning the arrow to the side killing fewer people to save more people.<br />
*Rav Asher (min 38) said that a doctor who isn't in that particular field or is retired or has vacation doesn't have to volunteer but his doing so would be a middat chasidut. However, if he is endangering himself such as if he's over 70, he is immune compromised, or has a family member who is, then he shouldn't volunteer.</ref><br />
#A doctor returning from the hospital on Shabbat and needs to shower for health reasons so as not to catch the corona virus on his body or clothing, may do so. If he can manage with a cold shower, he should do so. If he can't, he may turn on the hot water with a [[shinuy]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/951538/rabbi-hershel-schachter/piskei-corona-26-showering-when-returning-home-from-the-hospital-or-the-mikvah-on-shabbos-or-yom-tov/ Rav Schachter (Piskei Corona #26)]. See there for how he distinguishes this from the woman returning from the mikveh on Shabbat.</ref><br />
<br />
==[[Mesira]] and Rodef==<br />
<br />
#If your doctor actually ascertains that there is a sakanat nefashot, mortal danger, involved with a certain large gathering that someone is doing then it is permitted to tell the authorities. However, otherwise it is forbidden because of informing upon another Jew ([[mesira]]). This can be a very difficult measure to actually properly assess.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Willig (min 41)]</ref> Some say that it is obligatory to be moser to the police on someone who is supposed to be in quarantine and isn't.<ref>Rav Asher Weiss (teshuva "Mechuyav Bbidud" Chol Hamoed Pesach 5780)</ref><br />
#Some hold that if a person is supposed to be in quarantine and they are not they are considered a rodef. However, obviously one should first speak to him and convince him to do what is safe.<ref>[https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 36)] citing Rav Zilberstein</ref><br />
<br />
==Links==<br />
<br />
*[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal Q&A about Corona]<br />
*[https://rabbidunner.com/coronavirus-qa-with-rav-hershel-schachter/ Transcription of Q&A with Rav Schachter by Rabbi Dunner]<br />
*[https://www.theyeshivaworld.com/news/featured/1839350/no-shul-yeshivas-shabbos-guests-levayos-shiva-vaad-harabanim-of-bergen-county-releases-letter.html RCBC letter calling for the closing of Shuls and Schools]<br />
*[http://www.torahweb.org/ TorahWeb] hosts many resources for Corona halacha including Rav Schachter's Teshuvot<br />
*[http://www.kolcorona.com/ KolCorona.com] a Torah resource, initiated by Rabbi Reuven Taragin, for those affected by Corona<br />
<br />
==Sources==<br />
<references /><br />
[[Category:Orach Chaim]]</div>YitzchakSultanhttps://halachipedia.com/index.php?title=Halachot_Related_to_Coronavirus/COVID-19_Pandemic&diff=25545Halachot Related to Coronavirus/COVID-19 Pandemic2020-04-12T13:45:31Z<p>YitzchakSultan: /* Naming a Girl */</p>
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<div>[[Image:3D medical animation corona virus.jpg|right|300px]]<br />
All rabbinim agree that one should be cautious with all the health guidelines and social distancing<ref>[https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 34)] interestingly describes the sources in general about the Jewish view on handshaking and whether it is a [[Chukot Hagoyim]]. The poskim hold that in it isn't however, at this time it is forbidden because of the health concerns.</ref> set up by the government and other local institutions in order to stay safe and help prevent getting others sick.<ref>[https://www.torahanytime.com/#/lectures?v=104843 Rav Yitzchak Yosef], [http://www.torahweb.org/torah/docs/rsch/RavSchachter-with-doctors_Mar-15-2020.pdf Rav Hershel Schachter], Rav Asher Weiss (Teleconference March 22 2020), [https://www.ou.org/covid19/ OU (March 20 2020)], [https://www.torahanytime.com/#/lectures?v=106099 Rav Shmuel Fuerst (min 53)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal], [https://www.jpost.com/israel-news/leader-of-ultra-orthodox-world-calls-for-lone-prayer-due-to-coronavirus-622805 Rav Chaim Kanievsky], [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Shlomo Aviner (Keter Yitnu Lecha p. 34)], and RCBC letters. An article on [https://www.kikar.co.il/abroad/354170.html kikar.co.il] describes how the gedolim are currently davening privately including: the Gerre rebbe, Rav Shalom Kohen, Rav Gershon Edelstein, Rav Moshe Shternbuch, Rav Yitzchak Yosef, Sanser Rebbe, Rav Bakshi Doron, Rav Dovid Yosef, Bavian Rebbe, and Rav Sheiner.<br />
<br />
*Endangering Oneself to Learn Torah: Ketubot 77b records and praises the practice of Reish Lakish to teach Torah to those ill with tzarat, some translate as leprosy, even though it is contagious. The gemara explained that he did so out of his love for Torah. Daf Al Hadaf cites Mishnat Pikuach Nefesh 69:7 who asks how Reish Lakish could endanger himself and rely on a miracle. He answers that the disease he was concerned with was only dangerous to health but not life threatening.</ref> Coronavirus, as it causes a serious health threat to some people, inhibits any social gatherings and semachot, and has severely damaged the economy and livelihood of certain people, poses a serious challenge to everyone. We all need to daven and take advantage of the circumstances in order to best serve Hashem. As a thoughtful Jew, it is incumbent upon a person to take to heart some important lessons of life and re-strengthen himself in his commitments. <ref>Rambam Taniyot 1:1-3, [https://www.torahanytime.com/#/lectures?a=105844 Rav Reuven Epstein] emphasizes that we need to take a lesson from corona since it overtly a hardship for Jews and humanity and a sign from Hashem. [https://www.yutorah.org/lectures/lecture.cfm/949185/rabbi-menachem-penner/shema-everything-is-from-hashem/ Rabbi Penner] discussed how we can revitalize our strength in mitzvot at this time based on better appreciating the lessons of Shema. Rav Asher Weiss (Teleconference March 22, 2020) introduced his shiur by discussing how we can strengthen our commitment to [[Ben Adam Lchavero]]. [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha)] wrote many lengthy pieces on the hashkafic questions related to COVID19.<br />
* Rav Asher Weiss ("Safek Bidud" Nissan 5780) wrote that a person who isn't sure if they were exposed to someone with the virus should quarantine since we are strict on safek nefashot.</ref> Additionally, on a practical level, COVID19 has many implications for people, and below is a small collection of the relevant halachot.<br />
<br />
==[[Tefillah]]==<br />
When davening at home one should be cognizant of the following ideas:<br />
<br />
#The best time to pray is Netz. According to many poskim this is equivalent to praying with a minyan.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz], Laws of Praying Beyachid (Adar 5780) by Rabbi Yonatan Nacson p. 1 citing Yalkut Yosef 89:1</ref><br />
#A person should daven in a [[makom kavuah]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] and [https://www.star-k.org/videos.php Rabbi Moshe Heinemann around minutes 5-7]</ref><br />
#It is preferable to daven with two people instead of one.<ref>Rav Asher Weiss (Minchat Asher, Volume on coronavirus, Inyane Tefila section, Chapter 16, Subchapter 2, page 41). Rav Asher Weiss adds that there is no distinction between a man or a woman in this situation, so praying with one's wife or daughter is equally preferable to praying with one's son. </ref><br />
#A person should daven in front of a wall so that there's no distractions in front of him.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]</ref><br />
#A person can and should daven near a window that serves as a means of being inspired to look towards heaven.<ref>Shulchan Aruch 90:4 writes that there should be windows in a place where one davens. [https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] suggested that the same should be done for when we daven at home to daven in a place where there is a window.</ref><br />
#A person can daven [[Shemona Esrei]] aloud if it helps his kavana. It also serves as a role model for children.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]</ref><br />
#A person shouldn't daven in a room that is usually used for frivolity.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]</ref><br />
#A person shouldn't daven in front of an open bathroom.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]</ref><br />
#At a time of a plague such as our times it is advisable to say [[ketoret]] which has the power to end a plague.<ref>Laws of Praying Beyachid by Rabbi Nacson p. 2, [https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] citing Rabbi Akiva Eiger teshuva 71</ref><br />
#According to some, at this time a person should recite Avinu Malkenu in [[Shacharit]] and [[Mincha]],<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] quoting Rav Schachter</ref> while others emphasize how one must focus on Teshuvah and reciting all parts of the regular seder haTefillah first.<ref>[https://www.torahanytime.com/#/lectures?v=104864 Rav Bention Mutzafi (55:10)]</ref> Avinu Malkenu should not be recited during [[Nissan]].<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal] stated that one should not recite Avinu Malkenu during Nissan. See Divrei Yatziv OC 75 for different minhagim about saying Avinu Malkenu during Nissan. See discussion page.</ref><br />
#Eating a meal before davening when the time comes to daven a certain tefillah should be avoided since generally we are lenient about this since we go to established minyanim but for when that isn't possible we should be more strict about this.<ref>Mishna Shabbat 9b, [https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]. [https://www.star-k.org/videos.php Rabbi Moshe Heinemann] around minutes 5-7 says that if one sets an alarm, that should be sufficient</ref> See details here about [[Eating before Davening| eating]] and [[Other Activities before Davening| doing activities before davening]].<br />
#When davening as a family, in a temporary fashion, some hold that it isn't necessary to have a [[mechitza]] and the men and women can simply daven on different sides of the room.<ref>Igrot Moshe 5:12:1 writes that regarding a Shabbos Sheva Brachos since it is just the family and it is a temporary situation no mechitza is necessary.</ref> See [[Mechitza]] for more details.<br />
#A person shouldn't forget to recite [[Birkat Halevana]] by themselves when they see the moon. It can be said from indoors. See [[Birkat Halevana]] page for details.<br />
<br />
===Parts of Davening to Skip===<br />
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#On Friday night an individual doesn't recite [[Shabbat_Davenings#Me.27ayn_Sheva |Magen Avot]] after Shemona Esrei of Maariv.<ref>Laws of Praying Beyachid p. 10 citing Shulchan Aruch O.C. 268:8</ref> However, one should recite Vayechulu.<ref>[https://vimeo.com/399141271 Rabbi Moshe Heinemann] at around 24:45. At around 34 minutes, he clarifies that this can be done even by yourself, though normally we try to say it with at least two </ref><br />
#One doesn't recite [[Baruch Shemey]] when praying by oneself since it is part of the activity of removing the Sefer Torah.<ref>Mishna Brurah 134:13</ref><br />
<br />
==Minyan via Porches or Technology==<br />
<br />
#It is forbidden to have a minyan in person whether it is in a shul, shteibel, home, or backyard.<ref>[https://www.ou.org/covid19/ OU]. [https://www.yutorah.org/lectures/lecture.cfm/951048/rabbi-hershel-schachter/piskei-corona-14-forming-a-minyan-outside/ Rav Schachter (Piskei Corona #14)] writes that a person shouldn't try to make a minyan on his lawn spread out even if there's a small remote chance of spreading the virus. He also held that making a minyan with ten people standing on different balconies or porches doesn't count as a minyan. [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)] writes that certainly a person should not attend a minyan because of the danger and one may not rely on the zechut of a minyan to protect him, one needs to be safe. Rav Asher Weiss agrees that one must pray alone in order to avoid potential danger (Minchat Asher, Volume on coronavirus, Inyane Tefila section, Chapter 16, page 36). </ref> There is an exemption from tefila in a minyan due to the danger of the pandemic.<ref>Rav Asher Weiss (Minchat Asher, Volume on coronavirus, Inyane Tefila section, Chapter 16, Subchapter 1, page 40).</ref><br />
#If there ten people standing on their own porches and can see one another, some say that one can not create a minyan in such a manner, while others hold that one can.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951048/rabbi-hershel-schachter/piskei-corona-14-forming-a-minyan-outside/ Rav Schachter (Piskei Corona #14)] holds that it isn't a valid minyan. However, Rav Shternbuch (teshuva Nissan 8 5780) held that it is a valid minyan. To satisfy all the opinions the shaliach tzibur should have in mind that when he does chazarat hashatz that he could be praying a voluntary tefillah. They can't join if they're across the street and within ten tefachim of the ground. The shaliach tzibur needs to be able to see everyone. For kriyat hatorah that is done with porches initially one should call up the baal koreh or anyone on his porch, then one can even call up to an aliya someone on another porch as long as he can hear the baal koreh. The kohanim should leave before retzah because they can't say birkat kohanim. Someone davening alone doesn't have to hear kriyat hatorah since it is an obligation of the community and not individual. Rav Asher Weiss (Teleconference with Aguda, April 2 2020) was also inclined to hold that it is possible to make a minyan with people on porches who can see each other.<br />
*Mishna Brurah 55:48 based on Rashba responsa 1:96 holds that one can learn from the laws of zimmun that if people can see each other they can join for minyan.<br />
Rav Asher Weiss writes that a minyan can be created between men praying from their respective porches in order to prevent the grave danger of congregating in closer proximity, and kadish and kedusha may be recited (Minchat Asher, Volume on coronavirus, Inyane Tefila section, Chapter 18, Subchapter 2, page 53). In another teshuva ("Histarfut Lminyan" Nissan 5780) wrote that he thought that one couldn't join people across the street from one another.</ref><br />
#You can't create a minyan with a video (e.g. zoom or skype) or phone call but one can join a minyan of ten men in one room with a video or phone call in order to answer [[dvarim shebekedusha]].<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)], Rabbi Nacson in Laws of Praying Beyachid p. 4 based on Yalkut Yosef 5775 ed Yamim Noraim p. 17, Yabia Omer 1:19:18, Chazon Ovadia Purim p. 56</ref><br />
#It isn't considered a minyan for people to join together to daven on a video conference but it is still spiritually valuable.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)]. Rav Asher Weiss says that it is appropriate to fix a time for people to pray together remotely. Rav Asher adds it will help ascertain that prayer is done properly, on time and with concentration. Nonetheless, chazarat hashatz and devarim shebikdusha must be omitted. (Minchat Asher, Volume on coronavirus, Inyane Tefila section, Chapter 17, pages 45-46)</ref><br />
<br />
===Answering [[Amen]]===<br />
<br />
#Even if there is a time delay between the person reciting the bracha and the one answering it that wouldn't be considered an [[Amen Yetoma]].<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)], [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)], Rabbi Nacson in Laws of Praying Beyachid p. 4 based on Yalkut Yosef 5775 ed Yamim Noraim p. 17, Yabia Omer 1:19:18, Chazon Ovadia Purim p. 56, Rav Asher Weiss (teshuva "Aniyat Amen" Nissan 5780)</ref> <br />
# If there is a minyan in some place and someone hears on the phone or video a live stream some poskim allow them to answer [[kaddish]], [[kedusha]], and [[modim derabbanan]], though for kedusha they should intend that they are saying it as psukim.<ref>Rav Asher Weiss (teshuva "Aniyat Amen" Nissan 5780)</ref> <br />
<br />
===[[Megillah]]===<br />
<br />
#There is a major dispute if a person could fulfill their mitzvah of listening to the megillah on the phone or through watching a live streamed video. Some rabbanim advised this,<ref>Rav Schachter cited by [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)] and Rav Aviner agreed.</ref> while others hold that one can't fulfill one's mitzvah at all.<ref>Rav Dovid Feinstein cited by [http://podcast.headlinesbook.com/e/coronavirus-what-the-halacha-tells-us/ Rabbi Fink] and [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)]</ref> See this topic explained more fully here: [[Brachot_Through_a_Microphone]].<br />
<br />
==Netilat Yadayim==<br />
<br />
#If a person wants to wash his hands with soap and wash [[Netilat Yadayim for a meal]], one should first wash Netilat Yadyaim for the meal, dry the hands, recite the bracha, and then wash one's hands with soap and then recite the Hamotzei.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Willig (min 30-34)]</ref><br />
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==Shabbat Davening==<br />
===Friday Night===<br />
<br />
#Although the reason for reciting Shalom Alechem on a Friday night is that the angels accompany you home from shul and you welcome them to your home, if one was unable to attend shul on a Friday night, he would still sing Shalom Alechem.<ref>[https://vimeo.com/399141271 Rabbi Moshe Heinemann] at around 28:30 in the name of Rav Moshe Feinstein, because Hashem will not punish you by not sending the angels when you weren't able to attend</ref><br />
<br />
===Davening for the Sick===<br />
<br />
#It is generally prohibited to daven on Shabbat for our needs or for the well-being of a sick person. However, if the person is in a state of mortal danger one may daven for his well-being on Shabbat.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951537/rabbi-hershel-schachter/piskei-corona-25-davening-for-the-sick/ Rav Schachter (Piskei Corona #25)]</ref> See [[Shabbat_Davenings#Personal_Requests]] for all of the details of this topic.<br />
<br />
===[[Kriyat Hatorah]]===<br />
<br />
#A person who is at home and can't be at shul should nonetheless read the parsha from a chumash between Shacharit and Mussaf as a way of remembering the concept of kriyat hatorah. He can use that reading as part of his reading of [[Shenayim Mikra Vechad Targum]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] quoting Rabbi Willig. [https://www.star-k.org/videos.php Rabbi Moshe Heinemann] around minutes 7-10 agrees that you should do so on Shabbat, but that it is not necessary on Monday and Thursday. </ref> Some think this doesn't accomplish anything.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950291/rabbi-hershel-schachter/piskei-corona-8-krias-hatorah/ Rav Schachter (Piskei Corona #8)]</ref><br />
#When the congregation misses a kriyat hatorah they can make it up by reading two parshiyot next week in Shul. However, if they miss multiple weeks there is a discussion if they should or could make up all of the parshiyot that they missed.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] based on Rama and Magen Avraham</ref><br />
#A person should not move a sefer torah out of a Shul for a home minyan.<ref>[https://drive.google.com/file/d/14IUOs2OOMhloqYwnbv3iKGrWS6GbYGId/view?usp=drivesdk Rabbi Yonatan Nacson in Laws of Praying Byachid (p. 10)] citing Rav Asher Weiss</ref> See [[Respecting_a_Sefer_Torah#Transporting_a_Sefer_Torah]] for more details.<br />
#There still is an obligation of [[Shenayim Mikra Vechad Targum]] when the there is no congregation doing the Kriyat Hatorah in shul.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950291/rabbi-hershel-schachter/piskei-corona-8-krias-hatorah/ Rav Schachter (Piskei Corona #8)</ref><br />
#One doesn't recite [[Baruch Shemey]] when praying by oneself since it is part of the activity of removing the Sefer Torah.<ref>Mishna Brurah 134:13</ref><br />
<br />
===Anim Zemirot===<br />
<br />
#A person davening alone doesn't have to recite Anim Zemirot.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951536/rabbi-hershel-schachter/piskei-corona-24-anim-zmiros-without-a-minyan/ Rav Schachter (Piskei Corona #24)] explains that anim zemirot was instituted only for a minyan, and according to Rav Soloveitchik was considered a [[dvar shebekedusha]].</ref><br />
<br />
==[[Hagomel]]==<br />
<br />
#A person who was quarantined and got out of quarantine doesn't recite Hagomel since they were in no danger.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
#A person needs to recite [[hagomel]] in front of a [[minyan]] of ten men. Some suggest that this can be recited before ten people listening on a video or phone call and can answer amen. Even though they aren't present, the minyan in this context is purely to publicize the idea so it is permissible.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)]</ref> Others disagree and as long as the minyan isn't in the same room one can not recite hagomel.<ref>Divrei Dovid 4:3</ref><br />
#According to Ashkenazim, if a person is ill with a sickness to the point that he is a choleh sheyesh bo sakana, a concern of mortal danger, he should recite Hagomel, but if he less sick than that there is no need to recite Hagomel.<ref>Rama 219:8, [http://nleresources.com/2020/03/rav-asher-weiss-coronavirus-in-halacha/#.XnoNOIjYrIU Rav Asher Weiss (March 15 2015, min 11)]</ref> Sephardic tradition is to recite Hagomel anytime someone was sick in bed such as with a flu or bad cold even for a short period of time.<ref>[https://itorah.com/global-search/birkat%20hagomel Rabbi Mansour ("Saying Birkat Hagomel Within 3 Days and Laws of Birkat Hagomel Following A Sickness")]</ref><br />
<br />
==[[Bedikat Chametz]] and [[Biur Chametz]]==<br />
<br />
#A person should do bedikat chametz after praying by oneself at Tzet Hakochavim and then immediately begin the bedika. They should not have a meal within a half hour of the bedika.<ref>[https://www.torahanytime.com/#/lectures?v=106099 Rav Shmuel Fuerst (min 1-5)],[https://www.yutorah.org/sidebar/lecture.cfm/950401/rabbi-dan-cohen-rabbi-meir-gavriel-elbaz/pesach-prep-simplified/ Rav Meir Elbaz (min 17-8)]</ref><br />
#Because one can't do a large communal Chametz burning because gatherings aren't safe and even doing it with a few people at a time can look to non-Jews as unsafe. Rather one should just do biur chametz with a Kezayit by flushing it down the toilet.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-3-Mar-26-2020.pdf Rav Herschel Schachter (teshuva Rosh Chodesh Nissan 5780)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]. [https://www.jpost.com/Israel-News/Chief-Rabbis-Dont-leave-home-to-burn-chametz-for-Passover-623072 Rav Yitzchak Yosef and Rav David Lau] said that one should not go outside to burn chametz or kasher pots.</ref><br />
#A person should sell chametz in the house or office if he left there before he had the chance to do a bedikat chametz. By selling the chametz there he is absolving himself of having to do bedikat chametz.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/950401/rabbi-dan-cohen-rabbi-meir-gavriel-elbaz/pesach-prep-simplified/ Rav Elbaz (min 26)], Rav Asher Weiss (Teleconference, March 29 2020 11am)</ref><br />
<br />
==Selling [[Chametz]]==<br />
<br />
#If a person doesn't usually [[sell chametz]] and is afraid that if he doesn't sell chametz one year he isn't going to have food afterwards he can sell his chametz. He wouldn't require a [[hatarat nedarim]].<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (min 20)], [https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 9-11)]. [http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-3-Mar-26-2020.pdf Rav Herschel Schachter (teshuva Rosh Chodesh Nissan 5780)] explained the reason why the hatarat nedarim isn't necessary. [https://vimeo.com/399141271 Rabbi Moshe Heinemann] at around 46:45 agrees that if there is a big loss one can be lenient and sell chametz and it would not require hatarat nedarim, although he isn't so sure that it would be a big loss to an individual.</ref><br />
#A person can sell his chametz on the phone or online and if possible a kinyan can be made virtually in order to appoint the rabbi to sell the chametz. The kinyan would take place as follows: the rabbi would ask if there's someone standing next to the one who wants to appoint the rabbi and if there is then that person can give a pen or a utensil to the one who wants to appoint the rabbi as his shaliach. This is considered a valid kinyan between the person standing there and the one who wants to appoint the rabbi on behalf of the rabbi to be appointed. If that isn't feasible it isn't necessary. Nonetheless, one could stipulate in the document that this appointment of the rabbi is done with the full knowledge of its legal ramifications and it is accepted completely.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-1-Mar-24-2020.pdf Rav Hershel Schachter (Teshuva dated 28 Adar 5780 p. 2)], Nefesh Harav p. 179, [https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (min 1-5)] explained that the minhag is to make a kinyan to appoint a someone to sell something for you. This is classically done with a handing of a handkerchief from the rabbi to the one selling chametz. However, when they call on the phone that isn't possible. The Steipler held in such a case it isn't necessary to be careful about that minhag and simply have the person orally declare that he appoints the rabbi. However, Rav Soloveitchik felt that we should try to fulfill the minhag in any event. How can it be fulfilled? One can have someone standing in the room next to the person on the phone give something to the person on the phone on behalf of the rabbi. That is an effective halachic kinyan on behalf of the rabbi (see Kiddushin 7a). [https://www.torahanytime.com/#/lectures?v=106099 Rav Shmuel Fuerst (min 10)] explained that one can appoint the rabbi to sell his chametz online. Rav Asher Weiss (Minchat Asher Corona p. 66) agrees. [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal] allowed appointing the rabbi online if he is a talmid chacham.</ref><br />
#There is no issue with the selling of Chametz even though the Chametz is in a locked building or in a place that isn't accessible to the non-Jew because of the coronavirus situation.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950290/rabbi-hershel-schachter/piskei-corona-10-chametz-sheeno-birshuso/ Rav Schachter (Piskei Corona #10)]</ref><br />
#Some poskim allow ordering chametz on Pesach if one is certain that it will only be delivered after pesach.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951179/rabbi-hershel-schachter/piskei-corona-17-ordering-chametz-from-a-non-jew-on-pesach-to-arrive-after-pesach/ Rav Schachter (Piskei Corona #17)] explains that it isn't considered rotzeh bkiyumo, wanting the chametz to continue to exist, to order the chametz since one doesn't insist on any particular box of chametz that the company provides. However, one certainly may not acquire it with a kinyan such as picking it up or moving it. Even if it is delivered into one's property if one has intention not to acquire it, one doesn't acquire it. Yet, one can't even protect it since doing so is an issue of rotzeh bkiyumo. [https://yeshiva-university.zoom.us/rec/play/usAsduuh-283HoLAtASDAPZ9W9S0eq2s0igX-_pez0jkW3EFZFr1M7QRa7Qf9B_vOGt5lyO0vcW9I1-0?startTime=1585760529000&_x_zm_rtaid=CQsocm3ZRaq6pGgFL5OMGQ.1585880286593.75ff95374a21dbfc2f0c45524d508e2a&_x_zm_rhtaid=674 Rav Willig (April 1 2020, min 0-2)] agreed in technical terms.</ref><br />
<br />
==Buying for Pesach==<br />
<br />
#If you have raw chicken or raw meat you don't have to worry that it is chametz even if it was processed in a place where there was chametz. You can simply wash it off to solve any question.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 11-15)]</ref><br />
#Sanitizing alcohol gel, such as Purell, isn't [[chametz]] since it isn't edible and can be used on Pesach.<Ref>Rav Asher Weiss (teshuva "Shimush Bpesach B'alchogel" Chol Hamoed Pesach 5780)</ref><br />
<br />
==Kitniyot==<br />
<br />
#Out of a concern of the coronavirus, this year some poskim permit taking vitamins which have additives of [[kitniyot]] in order to stay healthy and to strength one's immune system.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950289/rabbi-hershel-schachter/piskei-corona-7-kitniyos/ Rav Schachter (Piskei Corona #7)]</ref><br />
#Someone with Crohn's disease and needs to drink an enriched milk with kiniyot additives for his health can do so on Pesach. Also, he can do so within 6 hours after eating meat (see [[Waiting between Meat and Milk]]).<ref>[https://www.yutorah.org/lectures/lecture.cfm/950289/rabbi-hershel-schachter/piskei-corona-7-kitniyos/ Rav Schachter (Piskei Corona #7)]</ref><br />
<br />
==[[Kashering for Pesach]]==<br />
<br />
#Some poskim allow [[kashering a dishwasher]] for Pesach even though there are plastic and other materials in there that are questionable to kosher. One should wait 24 hours without using it and then use with just hot water and no soap. According to Ashkenazim this should be used to kosher it from Chametz but not from meat to parve or milk or vice versa.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-3-Mar-26-2020.pdf Rav Herschel Schachter (teshuva Rosh Chodesh Nissan 5780)]</ref><br />
#Some hold that one can kasher plastic, while others disagree. See on the [[Kashering_the_Kitchen_for_Pesach#Which_materials_can_be_kashered.3F]] page.<br />
<br />
==Pesach Davening==<br />
===Hallel Pesach Night===<br />
<br />
#There is a custom of Sephardic and some Ashkenazic communities to recite Hallel Pesach night in Shul. However, being that the current situation demands that a person needs to remain inside there is no way to fulfill this minhag and should not recite Hallel after davening. Rather one should only recite it at the Seder.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950285/rabbi-hershel-schachter/piskei-corona-9-hallel-on-pesach-night-and-tefillas-tal/ Rav Hershel Schachter (Piskei Corona #9)]</ref> Some Ashkenazic poskim would allow reciting a bracha.<ref>Rav Asher Weiss (Minchat Asher Corona p. 73-4) writes that a person who has the practice to recite the Hallel the night of the seder after davening can do so with a bracha even when davening individually.</ref><br />
#According to Sephardim, one should recite Hallel the night of the seder after davening with a bracha even though one is davening at home.<ref>Yachava Daat 5:34, Teshuva written by Rabbi Mordechai Lebhar author of Magen Avot (Erev Shabbat Hagadol 5780), Kaf Hachaim 487:38-42</ref><br />
<br />
===Shir Hashirim on Chol Hamoed===<br />
<br />
#Ashkenazim generally have the custom to read Shir Hashirim on Shabbat Chol Hamoed Pesach. This year since there is no minyanim available, when one davens at home individually, there is no obligation to read Shir Hashirim. One may do so but it isn't in fulfillment of the minhag.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950655/rabbi-hershel-schachter/piskei-corona-13-shir-hashirim-on-chol-hamoed-pesach/ Rav Schachter (Piskei Corona #13)]</ref><br />
<br />
===Tefillat HaTal===<br />
<br />
#One can recite the piyut for tal on Pesach was only instituted for a congregation, however if one wants to recite it one may do so.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950285/rabbi-hershel-schachter/piskei-corona-9-hallel-on-pesach-night-and-tefillas-tal/ Rav Schachter (Piskei Corona #9)]</ref><br />
#In Mussaf everyone should stop saying [[Mashiv Haruach Umorid Hageshem]] and instead recite Morid Hatal because one is davening individually and one may not change from the practice of saying Mashiv Haruach of the congregation until the Shaliach Tzibur has done so and this year there are no minyanim switching at mussaf. After Mussaf, starting with Mincha, one should follow their regular minhag if they usually recite Morid Hatal or not.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950285/rabbi-hershel-schachter/piskei-corona-9-hallel-on-pesach-night-and-tefillas-tal/ Rav Schachter (Piskei Corona #9)]</ref> See [[Mashiv_HaRuach_UMorid_HaGeshem#When_to_Stop_Morid_Hageshem_and_Start_Tal]] for the background.<br />
#For Sephardim, one may begin to recite Morid Hatal in Mussaf even though he praying individually and there is no minyan nearby.<ref>Kaf Hachaim 114:8 and Halacha Brurah v. 6 p. 145 rule that the primary halacha is that there's no prohibition to begin to start to say Morid Hatal before the Shaliach Tzibbur. It is only forbidden for an individual to begin Mashiv Haruach Umorid Hageshem before the congregation does. This is the approach of the Bet Yosef citing the Ran, Pri Chadash, and Maamar Mordechai, unlike the Raavad cited by the Tur 114:2. However, in a regular year, the Kaf Hachaim and Halacha Brurah recommend being strict for the Raavad to have the Shaliach Tzibur announce before the Mussaf that everyone should begin to say Morid Hatal.</ref><br />
<br />
==Machine Matza==<br />
<br />
#It is permitted under extenuating circumstances to use [[machine matza]] for the mitzvah of eating matzah on the seder night.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards beginning)]. This is acceptable for Sephardim as well even with a bracha as described by Rav Ovadia Yosef in Yachava Daat 1:14 and Chazon Ovadia (Pesach Hilchot Leil Haseder 5763 Edition p. 76). [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim] holds that one should really used hand baked matzah but if one can't acquire any then one can use machine matzah. [https://yeshiva-university.zoom.us/rec/play/uMB7I-D--j83ToDAtgSDUaJ7W9Xueqis0nRK-6FfmUm0VSMBZ1qjYLIbZbHenouY882eTH8fEnI5K7DA?startTime=1585587811000&_x_zm_rtaid=5PWyeRatQdGWZ2q1UH7K6w.1585657713810.05dafc99f0c11cb46ffb1a63ddd87e47&_x_zm_rhtaid=904 Rav Willig (min 2)] has a similar approach.</ref><br />
#Some say that there's no concern to have the hand baked matzot this year.<ref>Rav Asher Weiss (Teleconference March 22 2020, min 19) said that there's no concern to use the hand-baked matzot since they were baked earlier in the year. His personal minhag is to have only hand baked matzot. In terms of using machine matzah he felt that it is only a chumra not to use them even for the mitzvah of motzei matzah and one could use them if there's no other option.</ref><br />
<br />
==[[Eruv Tavshilin]] and [[Eruv Chatzerot]]==<br />
<br />
#A rabbi should establish an eruv tavshilin on behalf of his whole community. Even though usually he acquires it to another person who isn't a family member on behalf of the community, this year because of social distancing one can acquire it to one's wife. <ref>[https://www.yutorah.org/lectures/lecture.cfm/951181/rabbi-hershel-schachter/piskei-corona-19-eruv-tavshillin-and-eruv-chatzeiros-and-social-distancing/ Rav Schachter (Piskei Corona #19)]</ref><br />
#An eruv tavshilin works to allow cooking from Yom Tov to Shabbat even though it isn't possible to have guests in most cases.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951181/rabbi-hershel-schachter/piskei-corona-19-eruv-tavshillin-and-eruv-chatzeiros-and-social-distancing/ Rav Schachter (Piskei Corona #19)] explained that usually we use the concept of ''hoil'', since guests might arrive who can eat the food one cooked, to permit cooking from one day of Yom Tov to Shabbat. However, this year that seems not to be applicable. Rav Schachter explained based on the Maharam Chalavah that ''hoil'' doesn't necessitate that one actually have guests or even have the ability to have guests, it is rather a halachic principle since objectively it is possible to have guests the eruv is effective.</ref><br />
#The communal eruv chatzerot continues to be effective even though the communal box of matzah's might not be accessible.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951181/rabbi-hershel-schachter/piskei-corona-19-eruv-tavshillin-and-eruv-chatzeiros-and-social-distancing/ Rav Schachter (Piskei Corona #19)] explained that since theoretically it is possible to get the box alone for a few minutes it isn't completely inaccessible (see Har Tzvi OC 2:16).</ref><br />
#It is permissible to wear a surgical mask on Shabbat outside and it isn't [[carrying]] as long as it is fastened well and won't fall off.<ref>[https://itorah.com/daily-halacha/lecture/may-one-wear-a-surgical-mask-on-shabbat-in-a-public-domain/3803 Rabbi Mansour]</ref><br />
<br />
==Birchat Ha'ilanot==<br />
<br />
#One can recite birkat hailanot from indoors if one can see the trees but one may not recite them by seeing the trees on a video.<ref>Ateret Paz p. 154-6</ref> See the [[Birchat HaIlanot]] for more details and sources.<br />
<br />
==[[Tanit Bechorot]]==<br />
<br />
#A person should try to finish a short masecheta to make his own siyum.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-1-Mar-24-2020.pdf Rav Hershel Schachter (Teshuva dated 28 Adar 5780 p. 2)], [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref> Some say that learning one masechta with Bartenura is sufficient.<ref>[https://itorah.com/daily-halacha/lecture/ta-anit-bechorot-during-the-coronavirus-pandemic/3802 Rabbi Mansour], [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref><br />
#Many poskim say that he can rely on a siyum over the phone or video livestream.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-1-Mar-24-2020.pdf Rav Hershel Schachter (Teshuva dated 28 Adar 5780 p. 2)]. [https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards beginning)]. [https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 1-4)] explained that Rav Schachter and Rav Shlomo Zalman Auerbach hold that it is enough to listen and join with the siyum over the phone or video call. However, other poskim don't like this leniency. Rav Asher Weiss (Teleconference March 22 2020, min 7) agreed that one can be yotzei with a siyum over the phone or video for the tanit bechorot. [https://www.torahanytime.com/#/lectures?v=106099 Rav Shmuel Fuerst (min 6)] agreed that this year you can be yotzei the siyum over the phone since it is an extenuating circumstance. [https://youtu.be/Yo6IJi2V-bw Rav Avigdor Nevinsal] agreed that you can be part of a siyum over the phone and the meal one has afterwards is a seudat mitzvah. [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim] holds that it is better to make a siyum oneself even on a tractate of mishna but if that's not possible one can listen on the phone.</ref><br />
#Some say that in the event one can't make one's own siyum or even hear someone else's, one doesn't need to fast this year in order to maintain strength in this time of a health crisis.<ref>[https://itorah.com/daily-halacha/lecture/ta-anit-bechorot-during-the-coronavirus-pandemic/3802 Rabbi Mansour]</ref><br />
<br />
==Birkat Halevana==<br />
<br />
#Ideally one should recite birkat halevana outdoors.<ref>Rama 426:4</ref> If one can not do so one can recite Birkat Halevana from inside but initially one should open the window.<ref>Pri Megadim M"Z 426:4, Mishna Brurah 426:21</ref> See the [[Birkat HaLevana]] page.<br />
<br />
==Chol Hamoed==<br />
<br />
#One can't buy stocks or sell them on Chol Hamoed, however, if not selling them could lead to a loss of one's original capital that one invested one can sell it.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref><br />
<br />
See [[Chol Hamoed]] for many details.<br />
<br />
==Using Zoom for the Seder==<br />
<br />
#Although a minority of rabbis allow using Zoom for this emergency situation in a very extenuating circumstance where an elderly single person is alone for the seder away from family because of the quarantines to use technology to leave a video conference going for Yom Tov to join with a family seder,<ref>[http://www.israelnationalnews.com/News/News.aspx/277764 Rabbi Eliyahu Abergel and other rabbis]</ref> most rabbis consider this to be a breach of halacha.<ref>Rav Asher Weiss (Teleconference March 22 2020 11am, min 39; teshuva in Minchat Asher Corona pp. 75-6), [http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-2-Mar-25-2020.pdf Rav Herschel Schachter (teshuva Adar 29 5780)], [https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 20-22)], [https://www.inn.co.il/News/News.aspx/432065 Rav Yosef Tzvi Rimon]. Rav Willig's held that it is absolutely forbidden and it is a tremendous zilzul Shabbat besides questions of others prohibitions of Shabbat.</ref> There is a discussion if the firstgroup of rabbis retracted.<ref>[https://vosizneias.com/2020/03/24/the-heter-for-zoom-at-the-seder-is-incorrect-and-should-be-retracted/ Rabbi Yair Hoffman] describes how 3 of the original signers of the lenient ruling would only permit under life and death needs and not in general. However, [https://www.jpost.com/israel-news/zoom-passover-seder-rabbis-hit-back-at-critics-622494 another article] describes how some of the original rabbis who were lenient confirmed their opinions.</ref><br />
#It is suggested to perform a pre-pesach zoom seder for people who you can't invite to your seder in order to share divrei torah, songs, and the experience of the seder before Yom Tov.<ref>[https://www.inn.co.il/News/News.aspx/432065 Rav Yosef Tzvi Rimon]</ref><br />
#For someone who is clinically depressed to the point that there is a concern of suicide or just losing one's mind it is permitted to use a phone to call him to cheer him up and check on him. However, if there's a way to check the patient before Pesach one should do so.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-2-Mar-25-2020.pdf Rav Herschel Schachter (teshuva Adar 29 5780)]. [https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Willig (min 24)] agrees that we violate Shabbat for someone who is suicidal but they can use the phone.</ref> A person should check with his rabbi in each case.<br />
#A person should recite Ha lachma anya this year as one would any other year, even though that phrase is a call for inviting guests and this year that is impossible.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951299/rabbi-hershel-schachter/piskei-corona-21-can-we-say-kol-dichfin-this-year-/ Rav Schachter (Piskei Corona #21)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
<br />
==[[Sefirat Haomer]]==<br />
<br />
#If someone couldn't get a hair cut because the barbers were all closed before Pesach, then if one reached the point when it very noticeably long and people would tell him to get a haircut he can take a haircut during [[Sefira]]. Today it can be estimated that if it has been more than 2 months since his last haircut he can take a haircut during the Sefira.<ref>https://www.yutorah.org/lectures/lecture.cfm/950659/rabbi-hershel-schachter/piskei-corona-16-haircuts-on-chol-hamoed-and-sefira/ Rav Schachter (Piskei Corona #16)</ref><br />
<br />
==Mikveh==<br />
<br />
#Each community rabbi needs to decide these sort of questions however in theory it is possible for the Mikva to remain open and allow women who aren't having symptoms or aren't quarantined to go to Mikva. They should be extra careful about hygiene and prepare completely at home, go to the Mikva where there is no contact with anyone besides a brief contact with the water which has chemicals for cleanliness. Then upon returning home there are poskim who allow the woman to take a shower when she gets home to clean herself off.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/950654/rabbi-hershel-schachter/piskei-corona-12-showering-after-the-mikvah/ Rav Hershel Schachter (Piskei Corona #12)], [https://www.torahanytime.com/#/lectures?v=105574 Rabbi Shay Tahan]. Rav Asher Weiss (March 29 2020) said it is obviously permitted to overlook the chumra of not showering when the woman returns from mikveh at these times.</ref><br />
#On Shabbat, if a woman goes to mikveh she can not take a hot shower when she gets back since turning on the hot water is causing cold water to enter the boiler and cook. Rather she should either decide to take a completely cold shower or delay the mikveh until Motzei Shabbat. She should also not decide not to take a shower at all because one shouldn't do something unsafe when there's an option to delay going to mikveh.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951538/rabbi-hershel-schachter/piskei-corona-26-showering-when-returning-home-from-the-hospital-or-the-mikvah-on-shabbos-or-yom-tov/ Rav Schachter (Piskei Corona #26)]</ref><br />
#On Yom Tov, according to those who are lenient to permit [[showering on Yom Tov]], when a woman returns from the mikveh should do so. Rav Schachter's opinion is that it is only permitted to take a shower on Yom Tov with water that is just hot enough to remove the chill from the water (less than lukewarm). If she decides she doesn't want to take such a shower, she should delay going to mikveh until after Yom Tov.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951538/rabbi-hershel-schachter/piskei-corona-26-showering-when-returning-home-from-the-hospital-or-the-mikvah-on-shabbos-or-yom-tov/ Rav Schachter (Piskei Corona #26)]</ref><br />
#The OU has established [https://www.ou.org/covid-19-and-the-mikvah-recommended-protocols/?utm_source=SilverpopMailing&utm_medium=email&utm_campaign=Mikvah%20Guidance%20(1)&utm_content=&spMailingID=32100310&spUserID=MTM2NTc0Mjg0NTYwS0&spJobID=1683098314&spReportId=MTY4MzA5ODMxNAS2 health guidelines] in order to allow a mikveh to remain open.<br />
#The RCBC also stated that Mikva's are remaining open for the time.<ref>[https://www.theyeshivaworld.com/news/featured/1839350/no-shul-yeshivas-shabbos-guests-levayos-shiva-vaad-harabanim-of-bergen-county-releases-letter.html RCBC letter on yeshivaworld.com]</ref><br />
#The men's mikveh's should be closed at this time. Even if a person is careful to go to mikveh each day he can fulfill this custom by taking a 5 minute shower.<ref>Rav Asher Weiss (Teleconference March 22 2020, min 12)</ref> See [[Preparations_for_Davening#Going_to_Mikveh]] for details.<br />
<br />
==Tevilat Kelim==<br />
<br />
#Each community should decide whether or not close the kli mikveh out of a safety concern. You can do the [[tevilat kelim]] in the ocean.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 5-9)], [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref><br />
#Alternatively, one can use tevilat kelim in the mikvah while wearing gloves, then throw out the gloves, wash off the kelim with soap and water. If the community has other procedures for safety one should observe them.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 5-9)], [https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 3-4)]</ref><br />
#As a last resort one can avoid tevilat kelim by giving the pots to a non-Jew and borrowing them back. One can rely on this until the virus passes.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 5-9)], [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]. [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal] said that one could rely upon this if there was no other option. [https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 14-16)] allows selling the kelim to a non-Jew. Rav Yosef Tzvi Rimon (teshuva dated Nisan 1 5780) recommended this.</ref> If one can't sell or gift the pots to a non-Jew oneself one can do so online through [https://nirshamti.co.il/e-%D7%98%D7%91%D7%99%D7%9C%D7%94/ Zomet].<br />
#Another option is for a person to declare the pots that need tevilat kelim to be ownerless (hefker) in front of 3 Jews. One has to have full intent that the pots are ownerless and if someone took them one would have no claim upon them. If these Jews can't be there in person it is sufficient if they are present through social media technology but they should be people who live in the neighborhood. They should then leave the pots outside their house for a few minutes so that if someone wanted to take them they could. <ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-1-Mar-24-2020.pdf Rav Hershel Schachter (Teshuva dated 28 Adar 5780 p. 1)], [https://itorah.com/daily-halacha/lecture/if-one-has-new-utensils-which-he-is-unable-to-immerse/3801 Rabbi Mansour]</ref> Others disagree.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 5-12)] said that one shouldn't use the solution to make the pots hefker since you're using the kelim. See Sefer Tevilat Kelim p. 84 based on Maharil Diskin. See S"A Harav 445:1 that hefker that isn't meaningful since you plan to reacquire it isn't a solution. However, Rav Elyashiv and Rav Soloveitchik allowed it in extenuating circumstances. Rav Asher Weiss (Minchat Asher Corona p. 72) writes that one should avoid using new pots and relying on this leniency to mafkir but in an extenuating circumstance one can rely on it.</ref><br />
#If there's are no solutions, some poskim would allow using the pots without tevilat kelim in this extenuating circumstance.<ref>Rav Asher Weiss (Teleconference, March 22 2020 11am), Rav Yosef Tzvi Rimon (Teshuva dated Nisan 1 5780)</ref><br />
#Regarding a seder plate and kos shel eliyahu requiring tevilah, see [[Tevilat Kelim]] page.<br />
<br />
==[[Brit Milah]]==<br />
<br />
#A Brit Milah can be done without a minyan since gatherings aren't safe.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
#A grandfather or someone else involved in a brit milah via zoom can recite the naming of the baby but he should not recite the bracha of asher kidash yadid mbeten.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951300/rabbi-hershel-schachter/piskei-corona-22-participating-in-a-simcha-via-zoom/ Rav Schachter (Piskei Corona #22)]</ref><br />
<br />
==Naming a Girl==<br />
<br />
#Although normally we try to name a baby girl at an aliya to the Torah, a person doesn't need a minyan in order to name a girl and under the circumstances should do so without delay.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Neventzal], [https://www.yutorah.org/lectures/lecture.cfm/950292/rabbi-hershel-schachter/piskei-corona-11-krias-shem-for-a-baby-girl/ Rav Schachter (Piskei Corona Teshuva #11)], [https://vimeo.com/399141271 Rabbi Moshe Heinemann] at about 16:45</ref><br />
==[[Pidyon Haben]]==<br />
# In order to do a [[Pidyon Haben]] the father has to give 5 shekalim (of the days of the Torah) to a kohen. If they can meet in a safe way while following all of the social distancing practices they should. If not, then the father should leave the money or equivalent outside his door for a neighbor<ref>Rav Rimon pointed out that using one's wife to acquire the money to someone else is a dispute and should be avoided.</ref> to pick up on behalf of the kohen and that acts as a kinyan for the kohen to acquire the money. Then the father should video the kohen to recite the bracha and the rest of the text for the pidyon haben.<ref>Rav Yosef Tzvi Rimon (teshuva 12 Nissan 5780)</ref><br />
# The money to be used for the pidyon haben needs to the pidyon haben coins, silver, or any other valuable item which has actual worth. One can not use cash or check for this.<ref>Rav Yosef Tzvi Rimon (teshuva 12 Nissan 5780)</ref> These item collectively need to be worth 100 grams of silver. See the Pidyon Haben page for details.<br />
<br />
==Bar Mitzvah's==<br />
<br />
#[https://www.torahanytime.com/#/lectures?v=105558 A message for Bar Mitzvah Boys in the Lockdown by Rabbi Pesach Krohn]<br />
#A bar mitzvah boy who missed the opportunity to read his parsha in shul when he became bar mitzvah'ed when it is next possible to go to shul he can add his parsha as a hosafa and read it then. Additionally, the haftorah can follow that hosafa.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards end)]</ref><br />
#The father of a Bar Mitzvah boy who couldn't layn should wait until he can do something that shows he's Bar Mitzvah like layn or daven as Shaliach Tzibbur to make such a bracha.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
<br />
==Weddings==<br />
<br />
#Ideally a wedding shouldn't be pushed off if both parties are ready even though it means having a tiny wedding.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal], [https://www.kimizion.org/maamar/5780_5784/keter.pdf (Keter Yitanu Lecha p. 38)]</ref><br />
#A rabbi should not officiate at a wedding that isn't abiding by the CDC guidelines of health because he is furthering unsafe practices.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards beginning)]</ref><br />
#It has been asked whether or not the poskim are more lenient this year regarding weddings during [[Sefira]] but the answer is that it is not determined because the situation is still unclear.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref> Some are lenient but it is best to schedule for [[Rosh Chodesh]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref><br />
#If in this dire situation it isn't possible to have a minyan, it is possible to have a wedding nonetheless without [[Sheva Brachot]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/951180/rabbi-hershel-schachter/piskei-corona-18-getting-married-with-less-than-10-men-present/ Rav Schachter (Piskei Corona #18)] explained that although it isn't possible to recite Sheva Brachot and seemingly they forbid the couple to each other without Sheva Brachot in this extenuating circumstance one can rely upon the opinion that the wedding is valid and they are permitted even without Sheva Brachot (see Nodeh Beyehuda EH 1:56). For birkat erusin certainly having a minyan isn't critical (Shulchan Aruch E.H. 34:4) although it is preferable and in this circumstance unnecessary. From Bet Shmuel 64:4 it appears to be a dispute between the Shulchan Aruch and Rama whether one is allowed to have a wedding at all if it is extremely difficult to get a minyan, the Rama being lenient. </ref><br />
#A minyan for [[sheva brachot]] can not be created via Zoom. Additionally, one can't recite a bracha of sheva brachot for the couple via Zoom.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951300/rabbi-hershel-schachter/piskei-corona-22-participating-in-a-simcha-via-zoom/ Rav Schachter (Piskei Corona #22)]</ref><br />
<br />
==[[Fast Days]]==<br />
<br />
#If the rabbis declare a half fast day until [[Chatzot]] according to Ashkenazim an individual can recite [[Anenu]] in Mincha Shemona Esrei<ref>Rama 562:1 writes that Ashkenazim hold that even for an incomplete fast one can recite anenu. Mishna Brurhah 562:48 references this Rama in discussing a fast that was accepted to fast until chatzot. The Mishna Brurah 562:7 cites a debate as to whether one should omit the words צום תעניתנו while reciting עננו in such a scenario as many poskim argue that a half fast is not considered a fast and therefore one would not want to risk speak falsely, particularly when he is speaking to Hashem.<br />
<br />
*[https://www.theyeshivaworld.com/news/israel-news/1841977/hagaon-harav-chaim-kanievsky-calls-to-fast-for-half-a-day-on-erev-rosh-chodesh.html Rav Chaim Kanievsky] declared a half fast on Erev Rosh Chodesh Nissan 5780.</ref> assuming he is still fasting when he prays Mincha.<ref>Mishna Brurah 562:6</ref> According to Sephardim one can only recite anenu if one fasts the entire day.<ref>Shulchan Aruch 562:10-11 holds that a incomplete fast is not considered a fast with respect to saying anenu. Therefore if one only fasts until chatzot one should not recite anenu.</ref><br />
#A person should accept the fast from the day before, as is traditionally done at mincha time. If one didn't do so, according to Sephardim one shouldn't recite anenu, but according to Ashkenazim one can recite anenu.<ref>Shulchan Aruch and Rama 562:5</ref><br />
<br />
==Mezuzah==<br />
<br />
#A person should not kiss any mezuzah, or any siddur or chumash of a shul or a public area at this time because of concern of spreading COVID19.<ref>[https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)], [https://www.jpost.com/israel-news/chief-rabbi-of-israel-due-to-coronavirus-stop-kissing-the-mezuzah-619753 Chief Rabbi Rabbi David Lau]</ref><br />
<br />
==Shalom Bayit==<br />
<br />
#It is critical to be mindful of other people when everyone is under stress and no one is completely comfortable. [https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Dr. Pelcovitz] discusses the implications quarantine can have Shalom Bayit.<br />
#It is forbidden for a couple to have [[tashmish]] at a night of famine<ref>Gemara Tanit 11a, Shulchan Aruch O.C. 240:12</ref> since everyone is in distress it is incumbent on everyone to take upon himself an aspect of distress.<ref>Mishna Brurah 574:9</ref> The same is true for any time of societal distresses.<ref>Rama 240:12 based on Yerushalmi Tanit. Olot Tamid 240:6 (cited by Kaf Hachaim 240:85) understands the Rama to apply to any type of tragedy that we would declare a fast over.</ref> Others disagree.<ref>Shaarei Knesset Hagedola (Hagahot Tur 240:5) writes that tashmish is only forbidden during a famine, plague of the crops, locusts and the like which cause a famine but not for other tragedies or troubles. Kaf Hachaim 240:85 rules like the Shaarei Knesset Hagedola either because that is the explanation of the Yerushalmi or we don't follow the Yerushalmi.</ref><br />
#It is permitted to have tashmish on mikvah night.<ref>Shulchan Aruch O.C. 574:11 writes that it is permitted for a couple to have tashish on mikva night. Mishna Brurah 574:11 cites the Magen Avraham who argues with Shulchan Aruch but then he cites the Bigdei Yesha and Nahar Shalom who are lenient and there's what to rely on to follow Shulchan Aruch. Mishna Brurah concludes that certainly one can be lenient at a time when it isn't a famine and it is just another time of distress in the world.</ref><br />
#It is permitted to have tashmish for a couple who didn't yet fulfill [[pru urevu]].<ref>Shulchan Aruch O.C. 240:12, 574:4, Mishna Brurah 240:47</ref> Once his wife is pregnant this leniency doesn't apply.<ref>Mishna Brurah 574:12</ref><br />
#If he has a strong yetzer hara and there is a concern of [[hashchatat zera]] it is permitted.<ref>Mishna Brurah 240:46</ref><br />
#There is what to rely upon to have tashmish at a time of war and there is no midat chasidut to be strict, especially for young couples even for someone who fulfilled pru urevu.<ref>Tzitz Eliezer 13:21</ref><br />
#During the time then the plague of corona virus is rampant in the world there is a lot to rely upon to have tashmish. Someone who wants to be strict can do so.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949166/rabbi-ally-ehrman/is-tashmish-hamitta-permitted-during-the-coronavirus-pandemic-/ Rabbi Ehrman on yutorah]. Rav Asher Weiss (Zoom Conference, March 22 2020, 11am, min 15) was lenient he said that the situation presently isn't one that rises to the level where we need to declare a fast. Also, since domestic violence recently has been on the rise because of the quarantines one shouldn't be strict in this area. </ref><br />
<br />
==Laid off Workers and Cancelled Contracts Because of Corona==<br />
<br />
#If there's a employee that is unable to work because of a societal or national crisis the employees should continue to be paid by the employers according to many opinions or at least they should make a compromise.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949287/rabbi-michoel-zylberman/coronavirus-and-laid-off-employees/ Rabbi Zylberman on yutorah]. Mordechai b"m 343 writes that if there's a decree in the town that the teachers can't teach the teachers should still be paid. Rama C.M. 321:1 cites this Mordechai and applies it to any worker in 334:1. The Sama 334:2 argues with the Mordechai and holds that since the employee can't work and both aren't at fault and both couldn't foresee this the employer is exempt. Netivot 334:1 limits the idea of the Mordechai to a teacher and not other employers since a teacher is paid for sachar betela (see [[Laws_of_Learning_Torah#Taking_Money_for_Learning_and_Teaching_Torah]]). Shach 334 holds that this opinion of the Mordechai only applies if majority of the town ran away because of a crisis but if only a minority runs away then the employee isn't entitled to payment. Aruch Hashulchan 334:10 has another approach. If the situation prevents the worker from working then he is entitled to pay but if he runs away then he isn't. Rabbi Zylberman explained from Mishpat Poalim we think that this is a case of Hamotzei Mchavero Alav Harayah, whoever is holding onto the money can claim that he is exempt from paying or returning the money. Rav Asher Weiss in Minchat Asher 2:106 says that they should make a compromise, and Rav Bleich ([https://www.sefaria.org/Contemporary_Halakhic_Problems%2C_Vol_IV%2C_Chapter_XIV_The_Intifada_and_the_Gulf_War.35?lang=bi&with=all&lang2=en Contemporary Halachic Problems v. 4]) thinks that we follow the Rama. Once the Chatom Sofer had a case in his town and he felt that they should pay but he couldn't force everyone to pay it so he told them to pay half. Rav Yona Reiss had a case where they made a compromise. <br />
<br />
*Rav Asher Weiss (Zoom Conference, March 22 2020, 11am, min 21-25) thought that one should compromise and give the workers who aren't working 30% of their pay. This applies Jewish and non-Jewish workers. This is based on the Rama and Sama CM 221. As for the day schools and daycares that are closed and not providing services one theoretically should be exempt. Since it might be devastating to the schools one needs to wait until the government makes a decision. Either way, we should wait until there is a major decision from the government or authorities and follow that. Until then for the schools we should pay so that the teachers can have a salary for their [[parnasa]].</ref><br />
#This applies to contractors for cancelled events as well.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949287/rabbi-michoel-zylberman/coronavirus-and-laid-off-employees/ Rabbi Zylberman on yutorah]</ref><br />
#If someone rented out an apartment to someone and then he wants to retract because of a concern that the potential tenants have the virus, some say that it is forbidden to back out of the contract.<ref>[http://kol-barama.co.il/item/%D7%A4%D7%99%D7%A7%D7%95%D7%97-%D7%A0%D7%A4%D7%A9-%D7%A7%D7%95%D7%A8%D7%95%D7%A0%D7%94-%D7%A2%D7%A4%D7%99-%D7%94%D7%94%D7%9C%D7%9B%D7%94/ Rav Yakov Sinai] based on Rama in teshuva, Shach CM 312 and other sources</ref> The same is true of a hotel or pesach program that was cancelled.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951789/rabbi-hershel-schachter/piskei-corona-27-the-importance-of-tzedaka-and-chesed/ Rav Schachter (Piskei Corona #27)] writes that it is important to reach a peshara, compromise, with respect to the question of how much a person should be paid in return for the pesach programs that were cancelled.</ref><br />
<br />
==Yeshiva Tuition==<br />
See previous section about the background for this question.<br />
<br />
#Even though the question of whether a person should pay tuition while it is closed is subject to debate a person should make sure to pay in full as the yeshivot do not have enough money and it is critical to give tzedaka at this time, which is a great merit to protect oneself from any danger.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951789/rabbi-hershel-schachter/piskei-corona-27-the-importance-of-tzedaka-and-chesed/ Rav Schachter (Piskei Corona #27)</ref><br />
<br />
==[[Bikur Cholim]]==<br />
<br />
#A person doesn't have to and shouldn't visit someone who has a virus that contagious such as corona.<ref>[http://kol-barama.co.il/item/%D7%A4%D7%99%D7%A7%D7%95%D7%97-%D7%A0%D7%A4%D7%A9-%D7%A7%D7%95%D7%A8%D7%95%D7%A0%D7%94-%D7%A2%D7%A4%D7%99-%D7%94%D7%94%D7%9C%D7%9B%D7%94/ Rav Yakov Sinai (min 3)] explains that although the Rama in a teshuva and Knesset Hagedola hold that one should visit the sick even if they have a contagious disease, the Shulchan Gavoha and others disagree and that is the halacha.</ref><br />
#A person fulfills the mitzvah of bikur cholim on the phone according to many poskim.<ref>[https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Shlomo Aviner (Keter Yitnu Lecha p. 34)] citing Igrot Moshe YD 1:223 and Tzitz Eliezer 8:5. Rav Aviner added that the main idea of bikur cholim is to do what is best for the patient and in our context that is to call.</ref><br />
#Someone who is praying for a mortally ill patient to get better and doesn't know if he is still alive should pray for his well-being and not specifically for him to get better.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951537/rabbi-hershel-schachter/piskei-corona-25-davening-for-the-sick/ Rav Schachter (Piskei Corona #25)]</ref><br />
<br />
==Burial and Mourning==<br />
===Burial===<br />
<br />
#Each place should follow the guidelines that are in place for safety. If a minyan isn't possible, then the next thing that is to try to have is Jews doing the burial. If they don't even let that, then afterwards a Jew should check that the burial by the non-Jews was done properly in the ground.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 26-8)]. [https://www.yutorah.org/sidebar/lecture.cfm/951298/rabbi-hershel-schachter/piskei-corona-20-tahara-for-meisim/ Rav Schachter (Piskei Corona #20)] said that they should specifically have as few people as possible for the burial and maybe just the workers and that too fulfills the mitzvah of burial.</ref> It is forbidden to cremate and it is still considered not dangerous to properly do a burial with no tahara and minimal involvement of the fewest people or simply the cemetery workers.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951298/rabbi-hershel-schachter/piskei-corona-20-tahara-for-meisim/ Rav Schachter (Piskei Corona #20)]</ref><br />
#At this time the chevra kadisha should not perform a tahara for the deceased since it could lead to danger.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951298/rabbi-hershel-schachter/piskei-corona-20-tahara-for-meisim/ Rav Schachter (Piskei Corona #20)]</ref><br />
#A person who was buried in America because of the corona virus but was planned to be buried in Israel can later when the virus isn't an issue be reburied in Israel, even though generally we don't rebury someone who was buried.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)]</ref> See the topic of [[Laws_and_Customs_of_a_Funeral#Under_What_Circumstances_is_it_Permitted_to_Move_Someone_Buried.3F|reburying a corpse]] in general.<br />
#Regarding burials on Yom Tov and Yom Tov Sheni, see [https://www.yutorah.org/lectures/lecture.cfm/951790/rabbi-hershel-schachter/piskei-corona-28-guidelines-for-burial-on-shabbos-and-yom-tov/ Rav Schachter's Guidlines for burial on Shabbat and Yom Tov]<br />
<br />
===Kriyah===<br />
<br />
#The rabbi could do the [[Kriyah]] for the mourner with gloves and a mask or he can simply tell the mourner to do it.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Willig (min 29)]</ref><br />
<br />
===Avelut===<br />
<br />
#A person who is no going to be involved in the burial anymore because the deceased was given to the chevra kaddisha then he is not considered an [[Onen]] anymore and should begin [[Avelut]] (mourning). However, if he is going to call relatives to tell them about the levaya then he is still an [[Onen]].<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)]</ref>. If he is going to watch the burial with Zoom or listen on the phone it is unclear if he is still an Onen.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)] isn't certain if a person involved in the burial merely because he is watching via Zoom is still considered an Onen. [https://www.yutorah.org/sidebar/lecture.cfm/839779/rabbi-asher-bush/%d7%94%d7%aa%d7%97%d7%9c%d7%aa-%d7%90%d7%91%d7%99%d7%9c%d7%95%d7%aa-%d7%9c%d7%9e%d7%99-%d7%a9%d7%90%d7%99%d7%a0%d7%95-%d7%a0%d7%9e%d7%a6%d7%90-%d7%91%d7%a7%d7%91%d7%95%d7%a8%d7%aa-%d7%90%d7%91%d7%99%d7%95-%d7%95%d7%9e%d7%a9%d7%aa%d7%aa%d7%a3-%d7%a2-%d7%99-%d7%94%d7%98%d7%9c%d7%a4%d7%95%d7%9f/ Rav Asher Bush] wrote based on MPeninei Harav p. 202 that he considers someone phoning into a burial to not be an Onen unless they're going to ask him questions about the burial.</ref><br />
#On [[Erev Pesach]] if someone is buried before [[Chatzot]] (midday) the relatives should observe [[Avelut]] (mourning) before Chatzot and then at Chatzot it is considered like a Yom Tov and the rest of the [[Shiva]] is cancelled. If the person is buried after [[Chatzot]] they should observe Avelut before Yom Tov and then the Yom Tov will come and cancel the rest of [[Shiva]].<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)]</ref><br />
#A mourner shouldn't eat his first meal after the burial, the [[Seudat Havrah]], from his own food; other should provide that food. If at this time when people are concerned for COVID19 and might not send food, if the mourner knows that he isn't going to be sent food, he can eat the first meal from his own food.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)]</ref><br />
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===Kaddish and Iyluy Neshama===<br />
<br />
#Under the circumstances a person can not recite the kaddish because minyanim aren't available. Therefore, a person should take upon himself to learn mishnayot for the deceased.<ref>Rav Asher Weiss (Minchat Asher Corona pp. 58-9)</ref><br />
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See [[Practices_in_the_Mourner%27s_House#Iyluy_Neshama]] and [[Kaddish]] pages.<br />
<br />
==[[Kibbud Av Vem]]==<br />
<br />
#If one's parents ask him to do something which the department of health has deemed unsafe a person should not listen to his parents in such a case and that isn't a breach of Kibbud Av Vem.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-2-Mar-25-2020.pdf Rav Schachter (Teshuva Adar 29 5780)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
<br />
==Violating Shabbat for [[Pikuach Nefesh]]==<br />
'''On Shabbat or Yom Tov, if anyone has any concern whatsoever that they are in serious danger because of deteriorating health, they should immediately call a doctor or [[Going_to_and_Staying_in_the_Hospital_on_Shabbat|go to the hospital]].'''<br />
<br />
#It is a well established halacha that it is not only permitted but even a mitzvah to violate [[Shabbat]] in order to safe a life or to remove a situation that presents even a slight chance of danger.<ref>Shulchan Aruch O.C. 328:13</ref> The question is how to define the threshold of danger.<ref>[http://nleresources.com/2020/03/rav-asher-weiss-coronavirus-in-halacha/#.XnoNOIjYrIU Rav Asher Weiss (March 15 2020, min 18-22) to Beit Midrash Gavoha] explained that the definition of danger in order to violate Shabbat isn't defined by statistics. For vaccinations we assume that it is a sakana not to vaccinate even though the odds of dying because of the measles is low. Since it is preventable it is incumbent upon us to vaccinate. He concludes that as long as it is a natural phenomenon and there is an action that we can do to prevent deaths we must do so.</ref><br />
#In certain cases of emergency regarding corona virus it would be allowed to violate Shabbat.<ref>[https://www.theyeshivaworld.com/news/headlines-breaking-stories/1841156/harav-zilberstein-answer-telephone-on-shabbos-if-awaiting-results-of-coronavirus-test.html Rav Zilberstein] allowed a patient to answer the phone on Shabbat with a [[shinuy]] only to hear the results of a test and answer questions for epidemiological investigation. If the test results that show that a patient has the virus are produced on Shabbat it is incumbent for the health department to deal with the quarantine then and it is permitted to answer the phone for that.</ref> Obviously every single case is different and one should learn the laws of Pikuach Nefesh from a rabbi in advance.<br />
#If a person is discharged from the hospital on Shabbat and they need him to leave because of the lack of space that they have because of the numbers of people who are ill, his family member can drive to get him. They should do a [[Shinuy]] when turning on the car like turning the key with one's weaker hand, or pressing the button on the key with one's knuckle. Also, when turning off the car one should use a Shinuy.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950282/rabbi-hershel-schachter/piskei-corona-6-pikuach-nefesh-on-shabbos/ Rav Schachter (Piskei Corona #6)]</ref> However, a similar question regarding a nurse returning from the hospital on Shabbat some poskim say that she may not drive herself but rather should take a non-Jewish cab and just be careful when in and after leaving the taxi.<ref>Rav Asher Weiss (teshuva "Nesiyat Achot" Nissan 5780) was uncomfortable permitting driving oneself home from the hospital on Shabbat even if it was for an emergency since it is a large dispute between Rav Moshe and Rav Shlomo Zalman. Rather he said that one should take a cab with a non-Jewish driver. Even though at this time when people are concerned about getting the virus from going in a cab, he still felt that it isn't considered pikuach nefesh and one shouldn't still drive oneself. Rather one should take the cab but very careful.</ref><br />
#If a relative is in the hospital and the family members would call the hospital that would indicate to the doctors and nurses that the family cares and the patient will receive better treatment, it is permissible to do so on Shabbat or Yom Tov.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951791/rabbi-hershel-schachter/piskei-corona-29-calling-the-hospital-on-shabbos-or-yom-tov-to-advocate-for-relatives/ Rav Schachter (Piskei Corona #29)]. [https://www.theyeshivaworld.com/news/featured/1848379/important-message-from-flatbush-hatzolah-about-family-members-in-hospitals.html Flatbush Hatzolah] announced the same thing but they said that the calling and hanging up should be done with a shinuy.</ref><br />
<br />
==Doctors Working in the Hospital==<br />
<br />
#Regarding the larger issue of halachic triage see [https://www.yutorah.org/lectures/lecture.cfm/951531/rabbi-hershel-schachter/piskei-corona-15-triage-in-medical-decisions-updated-/ Rav Schachter (Piskei Corona #15 Updated)]. Here is a relevant [https://docs.google.com/document/d/1CtQ_XHzQarzg_0PEQODCO1ATKlM_cEmvPsXa8kdpgJA/edit sourcesheet on Halachic Triage]. [https://aiayk.org/pesachaudio/ Rav Asher Weiss (Teleconference April 6 2020, min 5-15)] discusses triage in halacha and what doctors should do.<ref>Rav Asher feels that there are only two factors that we consider for halachic triage: give precedence to someone who is in immediate danger, and give treatment to whoever has a better chance for survival. Age or spiritual need for the community are not factors for precedence. <br />
<br />
*Rav Asher says that for choleh shebifanenu the knowledge that another choleh is going to come in soon is considered pikuach nefesh if will with certainty be helpful. Therefore, if an older patient comes into the hospital but they know a younger patient is going to come in, they can consider them as though they came in together and treat according to who is in immediate danger and who has the better chance to live. Rav Schachter felt the same way in his teshuva.<br />
*If a hospital has a certain regulation, does he need to disregard the hospital protocols? Rav Asher Weiss felt that the doctors should not disregard hospital protocol, for multiple reasons but partly because if he doesn't he'll lose his license and having more able doctors at this time is pikuach nefesh.<br />
*Pulling a patient off a ventilator because someone entered the hospital who has a better chance of living, Rav Asher (min 27) felt is forbidden. Rather the doctor should say that he feels uncomfortable to do this and should let another doctor do it. Rav Schachter felt that one should try to convince the older patient to sign a DNR at that point in order to save the younger patient.</ref><br />
#A doctor may and is encouraged to perform a life saving procedure if he is wearing the correct protective gear.<ref>[https://aiayk.org/pesachaudio/ Rav Asher Weiss (Aguda Teleconference, April 6, 2020, min 18-22)] explains that you can’t put yourself in danger. However, you can if you’re saving someone from an immediate danger and you’re putting yourself in minimal danger then it is a middat chasidut to do so. Therefore, a doctor should do mechanical ventilation CPR on a COVID19 patient if he has the correct protective gear.<br />
<br />
*Rav Asher (min 33) allowed sharing ventilators when the doctors see fit in order to save another life because moving a patient from a single ventilator to a shared ventilator isn't considered doche nefesh mipnei nefesh since it isn't proven to be dangerous to use a shared ventilator. He also cited the Chazon Ish regarding turning the arrow to the side killing fewer people to save more people.<br />
*Rav Asher (min 38) said that a doctor who isn't in that particular field or is retired or has vacation doesn't have to volunteer but his doing so would be a middat chasidut. However, if he is endangering himself such as if he's over 70, he is immune compromised, or has a family member who is, then he shouldn't volunteer.</ref><br />
#A doctor returning from the hospital on Shabbat and needs to shower for health reasons so as not to catch the corona virus on his body or clothing, may do so. If he can manage with a cold shower, he should do so. If he can't, he may turn on the hot water with a [[shinuy]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/951538/rabbi-hershel-schachter/piskei-corona-26-showering-when-returning-home-from-the-hospital-or-the-mikvah-on-shabbos-or-yom-tov/ Rav Schachter (Piskei Corona #26)]. See there for how he distinguishes this from the woman returning from the mikveh on Shabbat.</ref><br />
<br />
==[[Mesira]] and Rodef==<br />
<br />
#If your doctor actually ascertains that there is a sakanat nefashot, mortal danger, involved with a certain large gathering that someone is doing then it is permitted to tell the authorities. However, otherwise it is forbidden because of informing upon another Jew ([[mesira]]). This can be a very difficult measure to actually properly assess.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Willig (min 41)]</ref> Some say that it is obligatory to be moser to the police on someone who is supposed to be in quarantine and isn't.<ref>Rav Asher Weiss (teshuva "Mechuyav Bbidud" Chol Hamoed Pesach 5780)</ref><br />
#Some hold that if a person is supposed to be in quarantine and they are not they are considered a rodef. However, obviously one should first speak to him and convince him to do what is safe.<ref>[https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 36)] citing Rav Zilberstein</ref><br />
<br />
==Links==<br />
<br />
*[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal Q&A about Corona]<br />
*[https://rabbidunner.com/coronavirus-qa-with-rav-hershel-schachter/ Transcription of Q&A with Rav Schachter by Rabbi Dunner]<br />
*[https://www.theyeshivaworld.com/news/featured/1839350/no-shul-yeshivas-shabbos-guests-levayos-shiva-vaad-harabanim-of-bergen-county-releases-letter.html RCBC letter calling for the closing of Shuls and Schools]<br />
*[http://www.torahweb.org/ TorahWeb] hosts many resources for Corona halacha including Rav Schachter's Teshuvot<br />
*[http://www.kolcorona.com/ KolCorona.com] a Torah resource, initiated by Rabbi Reuven Taragin, for those affected by Corona<br />
<br />
==Sources==<br />
<references /><br />
[[Category:Orach Chaim]]</div>YitzchakSultanhttps://halachipedia.com/index.php?title=Halachot_Related_to_Coronavirus/COVID-19_Pandemic&diff=25544Halachot Related to Coronavirus/COVID-19 Pandemic2020-04-12T13:37:10Z<p>YitzchakSultan: </p>
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<div>[[Image:3D medical animation corona virus.jpg|right|300px]]<br />
All rabbinim agree that one should be cautious with all the health guidelines and social distancing<ref>[https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 34)] interestingly describes the sources in general about the Jewish view on handshaking and whether it is a [[Chukot Hagoyim]]. The poskim hold that in it isn't however, at this time it is forbidden because of the health concerns.</ref> set up by the government and other local institutions in order to stay safe and help prevent getting others sick.<ref>[https://www.torahanytime.com/#/lectures?v=104843 Rav Yitzchak Yosef], [http://www.torahweb.org/torah/docs/rsch/RavSchachter-with-doctors_Mar-15-2020.pdf Rav Hershel Schachter], Rav Asher Weiss (Teleconference March 22 2020), [https://www.ou.org/covid19/ OU (March 20 2020)], [https://www.torahanytime.com/#/lectures?v=106099 Rav Shmuel Fuerst (min 53)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal], [https://www.jpost.com/israel-news/leader-of-ultra-orthodox-world-calls-for-lone-prayer-due-to-coronavirus-622805 Rav Chaim Kanievsky], [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Shlomo Aviner (Keter Yitnu Lecha p. 34)], and RCBC letters. An article on [https://www.kikar.co.il/abroad/354170.html kikar.co.il] describes how the gedolim are currently davening privately including: the Gerre rebbe, Rav Shalom Kohen, Rav Gershon Edelstein, Rav Moshe Shternbuch, Rav Yitzchak Yosef, Sanser Rebbe, Rav Bakshi Doron, Rav Dovid Yosef, Bavian Rebbe, and Rav Sheiner.<br />
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*Endangering Oneself to Learn Torah: Ketubot 77b records and praises the practice of Reish Lakish to teach Torah to those ill with tzarat, some translate as leprosy, even though it is contagious. The gemara explained that he did so out of his love for Torah. Daf Al Hadaf cites Mishnat Pikuach Nefesh 69:7 who asks how Reish Lakish could endanger himself and rely on a miracle. He answers that the disease he was concerned with was only dangerous to health but not life threatening.</ref> Coronavirus, as it causes a serious health threat to some people, inhibits any social gatherings and semachot, and has severely damaged the economy and livelihood of certain people, poses a serious challenge to everyone. We all need to daven and take advantage of the circumstances in order to best serve Hashem. As a thoughtful Jew, it is incumbent upon a person to take to heart some important lessons of life and re-strengthen himself in his commitments. <ref>Rambam Taniyot 1:1-3, [https://www.torahanytime.com/#/lectures?a=105844 Rav Reuven Epstein] emphasizes that we need to take a lesson from corona since it overtly a hardship for Jews and humanity and a sign from Hashem. [https://www.yutorah.org/lectures/lecture.cfm/949185/rabbi-menachem-penner/shema-everything-is-from-hashem/ Rabbi Penner] discussed how we can revitalize our strength in mitzvot at this time based on better appreciating the lessons of Shema. Rav Asher Weiss (Teleconference March 22, 2020) introduced his shiur by discussing how we can strengthen our commitment to [[Ben Adam Lchavero]]. [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha)] wrote many lengthy pieces on the hashkafic questions related to COVID19.<br />
* Rav Asher Weiss ("Safek Bidud" Nissan 5780) wrote that a person who isn't sure if they were exposed to someone with the virus should quarantine since we are strict on safek nefashot.</ref> Additionally, on a practical level, COVID19 has many implications for people, and below is a small collection of the relevant halachot.<br />
<br />
==[[Tefillah]]==<br />
When davening at home one should be cognizant of the following ideas:<br />
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#The best time to pray is Netz. According to many poskim this is equivalent to praying with a minyan.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz], Laws of Praying Beyachid (Adar 5780) by Rabbi Yonatan Nacson p. 1 citing Yalkut Yosef 89:1</ref><br />
#A person should daven in a [[makom kavuah]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] and [https://www.star-k.org/videos.php Rabbi Moshe Heinemann around minutes 5-7]</ref><br />
#It is preferable to daven with two people instead of one.<ref>Rav Asher Weiss (Minchat Asher, Volume on coronavirus, Inyane Tefila section, Chapter 16, Subchapter 2, page 41). Rav Asher Weiss adds that there is no distinction between a man or a woman in this situation, so praying with one's wife or daughter is equally preferable to praying with one's son. </ref><br />
#A person should daven in front of a wall so that there's no distractions in front of him.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]</ref><br />
#A person can and should daven near a window that serves as a means of being inspired to look towards heaven.<ref>Shulchan Aruch 90:4 writes that there should be windows in a place where one davens. [https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] suggested that the same should be done for when we daven at home to daven in a place where there is a window.</ref><br />
#A person can daven [[Shemona Esrei]] aloud if it helps his kavana. It also serves as a role model for children.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]</ref><br />
#A person shouldn't daven in a room that is usually used for frivolity.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]</ref><br />
#A person shouldn't daven in front of an open bathroom.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]</ref><br />
#At a time of a plague such as our times it is advisable to say [[ketoret]] which has the power to end a plague.<ref>Laws of Praying Beyachid by Rabbi Nacson p. 2, [https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] citing Rabbi Akiva Eiger teshuva 71</ref><br />
#According to some, at this time a person should recite Avinu Malkenu in [[Shacharit]] and [[Mincha]],<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] quoting Rav Schachter</ref> while others emphasize how one must focus on Teshuvah and reciting all parts of the regular seder haTefillah first.<ref>[https://www.torahanytime.com/#/lectures?v=104864 Rav Bention Mutzafi (55:10)]</ref> Avinu Malkenu should not be recited during [[Nissan]].<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal] stated that one should not recite Avinu Malkenu during Nissan. See Divrei Yatziv OC 75 for different minhagim about saying Avinu Malkenu during Nissan. See discussion page.</ref><br />
#Eating a meal before davening when the time comes to daven a certain tefillah should be avoided since generally we are lenient about this since we go to established minyanim but for when that isn't possible we should be more strict about this.<ref>Mishna Shabbat 9b, [https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]. [https://www.star-k.org/videos.php Rabbi Moshe Heinemann] around minutes 5-7 says that if one sets an alarm, that should be sufficient</ref> See details here about [[Eating before Davening| eating]] and [[Other Activities before Davening| doing activities before davening]].<br />
#When davening as a family, in a temporary fashion, some hold that it isn't necessary to have a [[mechitza]] and the men and women can simply daven on different sides of the room.<ref>Igrot Moshe 5:12:1 writes that regarding a Shabbos Sheva Brachos since it is just the family and it is a temporary situation no mechitza is necessary.</ref> See [[Mechitza]] for more details.<br />
#A person shouldn't forget to recite [[Birkat Halevana]] by themselves when they see the moon. It can be said from indoors. See [[Birkat Halevana]] page for details.<br />
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===Parts of Davening to Skip===<br />
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#On Friday night an individual doesn't recite [[Shabbat_Davenings#Me.27ayn_Sheva |Magen Avot]] after Shemona Esrei of Maariv.<ref>Laws of Praying Beyachid p. 10 citing Shulchan Aruch O.C. 268:8</ref> However, one should recite Vayechulu.<ref>[https://vimeo.com/399141271 Rabbi Moshe Heinemann] at around 24:45. At around 34 minutes, he clarifies that this can be done even by yourself, though normally we try to say it with at least two </ref><br />
#One doesn't recite [[Baruch Shemey]] when praying by oneself since it is part of the activity of removing the Sefer Torah.<ref>Mishna Brurah 134:13</ref><br />
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==Minyan via Porches or Technology==<br />
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#It is forbidden to have a minyan in person whether it is in a shul, shteibel, home, or backyard.<ref>[https://www.ou.org/covid19/ OU]. [https://www.yutorah.org/lectures/lecture.cfm/951048/rabbi-hershel-schachter/piskei-corona-14-forming-a-minyan-outside/ Rav Schachter (Piskei Corona #14)] writes that a person shouldn't try to make a minyan on his lawn spread out even if there's a small remote chance of spreading the virus. He also held that making a minyan with ten people standing on different balconies or porches doesn't count as a minyan. [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)] writes that certainly a person should not attend a minyan because of the danger and one may not rely on the zechut of a minyan to protect him, one needs to be safe. Rav Asher Weiss agrees that one must pray alone in order to avoid potential danger (Minchat Asher, Volume on coronavirus, Inyane Tefila section, Chapter 16, page 36). </ref> There is an exemption from tefila in a minyan due to the danger of the pandemic.<ref>Rav Asher Weiss (Minchat Asher, Volume on coronavirus, Inyane Tefila section, Chapter 16, Subchapter 1, page 40).</ref><br />
#If there ten people standing on their own porches and can see one another, some say that one can not create a minyan in such a manner, while others hold that one can.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951048/rabbi-hershel-schachter/piskei-corona-14-forming-a-minyan-outside/ Rav Schachter (Piskei Corona #14)] holds that it isn't a valid minyan. However, Rav Shternbuch (teshuva Nissan 8 5780) held that it is a valid minyan. To satisfy all the opinions the shaliach tzibur should have in mind that when he does chazarat hashatz that he could be praying a voluntary tefillah. They can't join if they're across the street and within ten tefachim of the ground. The shaliach tzibur needs to be able to see everyone. For kriyat hatorah that is done with porches initially one should call up the baal koreh or anyone on his porch, then one can even call up to an aliya someone on another porch as long as he can hear the baal koreh. The kohanim should leave before retzah because they can't say birkat kohanim. Someone davening alone doesn't have to hear kriyat hatorah since it is an obligation of the community and not individual. Rav Asher Weiss (Teleconference with Aguda, April 2 2020) was also inclined to hold that it is possible to make a minyan with people on porches who can see each other.<br />
*Mishna Brurah 55:48 based on Rashba responsa 1:96 holds that one can learn from the laws of zimmun that if people can see each other they can join for minyan.<br />
Rav Asher Weiss writes that a minyan can be created between men praying from their respective porches in order to prevent the grave danger of congregating in closer proximity, and kadish and kedusha may be recited (Minchat Asher, Volume on coronavirus, Inyane Tefila section, Chapter 18, Subchapter 2, page 53). In another teshuva ("Histarfut Lminyan" Nissan 5780) wrote that he thought that one couldn't join people across the street from one another.</ref><br />
#You can't create a minyan with a video (e.g. zoom or skype) or phone call but one can join a minyan of ten men in one room with a video or phone call in order to answer [[dvarim shebekedusha]].<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)], Rabbi Nacson in Laws of Praying Beyachid p. 4 based on Yalkut Yosef 5775 ed Yamim Noraim p. 17, Yabia Omer 1:19:18, Chazon Ovadia Purim p. 56</ref><br />
#It isn't considered a minyan for people to join together to daven on a video conference but it is still spiritually valuable.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)]. Rav Asher Weiss says that it is appropriate to fix a time for people to pray together remotely. Rav Asher adds it will help ascertain that prayer is done properly, on time and with concentration. Nonetheless, chazarat hashatz and devarim shebikdusha must be omitted. (Minchat Asher, Volume on coronavirus, Inyane Tefila section, Chapter 17, pages 45-46)</ref><br />
<br />
===Answering [[Amen]]===<br />
<br />
#Even if there is a time delay between the person reciting the bracha and the one answering it that wouldn't be considered an [[Amen Yetoma]].<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)], [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)], Rabbi Nacson in Laws of Praying Beyachid p. 4 based on Yalkut Yosef 5775 ed Yamim Noraim p. 17, Yabia Omer 1:19:18, Chazon Ovadia Purim p. 56, Rav Asher Weiss (teshuva "Aniyat Amen" Nissan 5780)</ref> <br />
# If there is a minyan in some place and someone hears on the phone or video a live stream some poskim allow them to answer [[kaddish]], [[kedusha]], and [[modim derabbanan]], though for kedusha they should intend that they are saying it as psukim.<ref>Rav Asher Weiss (teshuva "Aniyat Amen" Nissan 5780)</ref> <br />
<br />
===[[Megillah]]===<br />
<br />
#There is a major dispute if a person could fulfill their mitzvah of listening to the megillah on the phone or through watching a live streamed video. Some rabbanim advised this,<ref>Rav Schachter cited by [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)] and Rav Aviner agreed.</ref> while others hold that one can't fulfill one's mitzvah at all.<ref>Rav Dovid Feinstein cited by [http://podcast.headlinesbook.com/e/coronavirus-what-the-halacha-tells-us/ Rabbi Fink] and [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)]</ref> See this topic explained more fully here: [[Brachot_Through_a_Microphone]].<br />
<br />
==Netilat Yadayim==<br />
<br />
#If a person wants to wash his hands with soap and wash [[Netilat Yadayim for a meal]], one should first wash Netilat Yadyaim for the meal, dry the hands, recite the bracha, and then wash one's hands with soap and then recite the Hamotzei.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Willig (min 30-34)]</ref><br />
<br />
==Shabbat Davening==<br />
===Friday Night===<br />
<br />
#Although the reason for reciting Shalom Alechem on a Friday night is that the angels accompany you home from shul and you welcome them to your home, if one was unable to attend shul on a Friday night, he would still sing Shalom Alechem.<ref>[https://vimeo.com/399141271 Rabbi Moshe Heinemann] at around 28:30 in the name of Rav Moshe Feinstein, because Hashem will not punish you by not sending the angels when you weren't able to attend</ref><br />
<br />
===Davening for the Sick===<br />
<br />
#It is generally prohibited to daven on Shabbat for our needs or for the well-being of a sick person. However, if the person is in a state of mortal danger one may daven for his well-being on Shabbat.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951537/rabbi-hershel-schachter/piskei-corona-25-davening-for-the-sick/ Rav Schachter (Piskei Corona #25)]</ref> See [[Shabbat_Davenings#Personal_Requests]] for all of the details of this topic.<br />
<br />
===[[Kriyat Hatorah]]===<br />
<br />
#A person who is at home and can't be at shul should nonetheless read the parsha from a chumash between Shacharit and Mussaf as a way of remembering the concept of kriyat hatorah. He can use that reading as part of his reading of [[Shenayim Mikra Vechad Targum]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] quoting Rabbi Willig. [https://www.star-k.org/videos.php Rabbi Moshe Heinemann] around minutes 7-10 agrees that you should do so on Shabbat, but that it is not necessary on Monday and Thursday. </ref> Some think this doesn't accomplish anything.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950291/rabbi-hershel-schachter/piskei-corona-8-krias-hatorah/ Rav Schachter (Piskei Corona #8)]</ref><br />
#When the congregation misses a kriyat hatorah they can make it up by reading two parshiyot next week in Shul. However, if they miss multiple weeks there is a discussion if they should or could make up all of the parshiyot that they missed.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] based on Rama and Magen Avraham</ref><br />
#A person should not move a sefer torah out of a Shul for a home minyan.<ref>[https://drive.google.com/file/d/14IUOs2OOMhloqYwnbv3iKGrWS6GbYGId/view?usp=drivesdk Rabbi Yonatan Nacson in Laws of Praying Byachid (p. 10)] citing Rav Asher Weiss</ref> See [[Respecting_a_Sefer_Torah#Transporting_a_Sefer_Torah]] for more details.<br />
#There still is an obligation of [[Shenayim Mikra Vechad Targum]] when the there is no congregation doing the Kriyat Hatorah in shul.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950291/rabbi-hershel-schachter/piskei-corona-8-krias-hatorah/ Rav Schachter (Piskei Corona #8)</ref><br />
#One doesn't recite [[Baruch Shemey]] when praying by oneself since it is part of the activity of removing the Sefer Torah.<ref>Mishna Brurah 134:13</ref><br />
<br />
===Anim Zemirot===<br />
<br />
#A person davening alone doesn't have to recite Anim Zemirot.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951536/rabbi-hershel-schachter/piskei-corona-24-anim-zmiros-without-a-minyan/ Rav Schachter (Piskei Corona #24)] explains that anim zemirot was instituted only for a minyan, and according to Rav Soloveitchik was considered a [[dvar shebekedusha]].</ref><br />
<br />
==[[Hagomel]]==<br />
<br />
#A person who was quarantined and got out of quarantine doesn't recite Hagomel since they were in no danger.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
#A person needs to recite [[hagomel]] in front of a [[minyan]] of ten men. Some suggest that this can be recited before ten people listening on a video or phone call and can answer amen. Even though they aren't present, the minyan in this context is purely to publicize the idea so it is permissible.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)]</ref> Others disagree and as long as the minyan isn't in the same room one can not recite hagomel.<ref>Divrei Dovid 4:3</ref><br />
#According to Ashkenazim, if a person is ill with a sickness to the point that he is a choleh sheyesh bo sakana, a concern of mortal danger, he should recite Hagomel, but if he less sick than that there is no need to recite Hagomel.<ref>Rama 219:8, [http://nleresources.com/2020/03/rav-asher-weiss-coronavirus-in-halacha/#.XnoNOIjYrIU Rav Asher Weiss (March 15 2015, min 11)]</ref> Sephardic tradition is to recite Hagomel anytime someone was sick in bed such as with a flu or bad cold even for a short period of time.<ref>[https://itorah.com/global-search/birkat%20hagomel Rabbi Mansour ("Saying Birkat Hagomel Within 3 Days and Laws of Birkat Hagomel Following A Sickness")]</ref><br />
<br />
==[[Bedikat Chametz]] and [[Biur Chametz]]==<br />
<br />
#A person should do bedikat chametz after praying by oneself at Tzet Hakochavim and then immediately begin the bedika. They should not have a meal within a half hour of the bedika.<ref>[https://www.torahanytime.com/#/lectures?v=106099 Rav Shmuel Fuerst (min 1-5)],[https://www.yutorah.org/sidebar/lecture.cfm/950401/rabbi-dan-cohen-rabbi-meir-gavriel-elbaz/pesach-prep-simplified/ Rav Meir Elbaz (min 17-8)]</ref><br />
#Because one can't do a large communal Chametz burning because gatherings aren't safe and even doing it with a few people at a time can look to non-Jews as unsafe. Rather one should just do biur chametz with a Kezayit by flushing it down the toilet.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-3-Mar-26-2020.pdf Rav Herschel Schachter (teshuva Rosh Chodesh Nissan 5780)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]. [https://www.jpost.com/Israel-News/Chief-Rabbis-Dont-leave-home-to-burn-chametz-for-Passover-623072 Rav Yitzchak Yosef and Rav David Lau] said that one should not go outside to burn chametz or kasher pots.</ref><br />
#A person should sell chametz in the house or office if he left there before he had the chance to do a bedikat chametz. By selling the chametz there he is absolving himself of having to do bedikat chametz.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/950401/rabbi-dan-cohen-rabbi-meir-gavriel-elbaz/pesach-prep-simplified/ Rav Elbaz (min 26)], Rav Asher Weiss (Teleconference, March 29 2020 11am)</ref><br />
<br />
==Selling [[Chametz]]==<br />
<br />
#If a person doesn't usually [[sell chametz]] and is afraid that if he doesn't sell chametz one year he isn't going to have food afterwards he can sell his chametz. He wouldn't require a [[hatarat nedarim]].<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (min 20)], [https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 9-11)]. [http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-3-Mar-26-2020.pdf Rav Herschel Schachter (teshuva Rosh Chodesh Nissan 5780)] explained the reason why the hatarat nedarim isn't necessary. [https://vimeo.com/399141271 Rabbi Moshe Heinemann] at around 46:45 agrees that if there is a big loss one can be lenient and sell chametz and it would not require hatarat nedarim, although he isn't so sure that it would be a big loss to an individual.</ref><br />
#A person can sell his chametz on the phone or online and if possible a kinyan can be made virtually in order to appoint the rabbi to sell the chametz. The kinyan would take place as follows: the rabbi would ask if there's someone standing next to the one who wants to appoint the rabbi and if there is then that person can give a pen or a utensil to the one who wants to appoint the rabbi as his shaliach. This is considered a valid kinyan between the person standing there and the one who wants to appoint the rabbi on behalf of the rabbi to be appointed. If that isn't feasible it isn't necessary. Nonetheless, one could stipulate in the document that this appointment of the rabbi is done with the full knowledge of its legal ramifications and it is accepted completely.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-1-Mar-24-2020.pdf Rav Hershel Schachter (Teshuva dated 28 Adar 5780 p. 2)], Nefesh Harav p. 179, [https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (min 1-5)] explained that the minhag is to make a kinyan to appoint a someone to sell something for you. This is classically done with a handing of a handkerchief from the rabbi to the one selling chametz. However, when they call on the phone that isn't possible. The Steipler held in such a case it isn't necessary to be careful about that minhag and simply have the person orally declare that he appoints the rabbi. However, Rav Soloveitchik felt that we should try to fulfill the minhag in any event. How can it be fulfilled? One can have someone standing in the room next to the person on the phone give something to the person on the phone on behalf of the rabbi. That is an effective halachic kinyan on behalf of the rabbi (see Kiddushin 7a). [https://www.torahanytime.com/#/lectures?v=106099 Rav Shmuel Fuerst (min 10)] explained that one can appoint the rabbi to sell his chametz online. Rav Asher Weiss (Minchat Asher Corona p. 66) agrees. [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal] allowed appointing the rabbi online if he is a talmid chacham.</ref><br />
#There is no issue with the selling of Chametz even though the Chametz is in a locked building or in a place that isn't accessible to the non-Jew because of the coronavirus situation.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950290/rabbi-hershel-schachter/piskei-corona-10-chametz-sheeno-birshuso/ Rav Schachter (Piskei Corona #10)]</ref><br />
#Some poskim allow ordering chametz on Pesach if one is certain that it will only be delivered after pesach.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951179/rabbi-hershel-schachter/piskei-corona-17-ordering-chametz-from-a-non-jew-on-pesach-to-arrive-after-pesach/ Rav Schachter (Piskei Corona #17)] explains that it isn't considered rotzeh bkiyumo, wanting the chametz to continue to exist, to order the chametz since one doesn't insist on any particular box of chametz that the company provides. However, one certainly may not acquire it with a kinyan such as picking it up or moving it. Even if it is delivered into one's property if one has intention not to acquire it, one doesn't acquire it. Yet, one can't even protect it since doing so is an issue of rotzeh bkiyumo. [https://yeshiva-university.zoom.us/rec/play/usAsduuh-283HoLAtASDAPZ9W9S0eq2s0igX-_pez0jkW3EFZFr1M7QRa7Qf9B_vOGt5lyO0vcW9I1-0?startTime=1585760529000&_x_zm_rtaid=CQsocm3ZRaq6pGgFL5OMGQ.1585880286593.75ff95374a21dbfc2f0c45524d508e2a&_x_zm_rhtaid=674 Rav Willig (April 1 2020, min 0-2)] agreed in technical terms.</ref><br />
<br />
==Buying for Pesach==<br />
<br />
#If you have raw chicken or raw meat you don't have to worry that it is chametz even if it was processed in a place where there was chametz. You can simply wash it off to solve any question.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 11-15)]</ref><br />
#Sanitizing alcohol gel, such as Purell, isn't [[chametz]] since it isn't edible and can be used on Pesach.<Ref>Rav Asher Weiss (teshuva "Shimush Bpesach B'alchogel" Chol Hamoed Pesach 5780)</ref><br />
<br />
==Kitniyot==<br />
<br />
#Out of a concern of the coronavirus, this year some poskim permit taking vitamins which have additives of [[kitniyot]] in order to stay healthy and to strength one's immune system.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950289/rabbi-hershel-schachter/piskei-corona-7-kitniyos/ Rav Schachter (Piskei Corona #7)]</ref><br />
#Someone with Crohn's disease and needs to drink an enriched milk with kiniyot additives for his health can do so on Pesach. Also, he can do so within 6 hours after eating meat (see [[Waiting between Meat and Milk]]).<ref>[https://www.yutorah.org/lectures/lecture.cfm/950289/rabbi-hershel-schachter/piskei-corona-7-kitniyos/ Rav Schachter (Piskei Corona #7)]</ref><br />
<br />
==[[Kashering for Pesach]]==<br />
<br />
#Some poskim allow [[kashering a dishwasher]] for Pesach even though there are plastic and other materials in there that are questionable to kosher. One should wait 24 hours without using it and then use with just hot water and no soap. According to Ashkenazim this should be used to kosher it from Chametz but not from meat to parve or milk or vice versa.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-3-Mar-26-2020.pdf Rav Herschel Schachter (teshuva Rosh Chodesh Nissan 5780)]</ref><br />
#Some hold that one can kasher plastic, while others disagree. See on the [[Kashering_the_Kitchen_for_Pesach#Which_materials_can_be_kashered.3F]] page.<br />
<br />
==Pesach Davening==<br />
===Hallel Pesach Night===<br />
<br />
#There is a custom of Sephardic and some Ashkenazic communities to recite Hallel Pesach night in Shul. However, being that the current situation demands that a person needs to remain inside there is no way to fulfill this minhag and should not recite Hallel after davening. Rather one should only recite it at the Seder.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950285/rabbi-hershel-schachter/piskei-corona-9-hallel-on-pesach-night-and-tefillas-tal/ Rav Hershel Schachter (Piskei Corona #9)]</ref> Some Ashkenazic poskim would allow reciting a bracha.<ref>Rav Asher Weiss (Minchat Asher Corona p. 73-4) writes that a person who has the practice to recite the Hallel the night of the seder after davening can do so with a bracha even when davening individually.</ref><br />
#According to Sephardim, one should recite Hallel the night of the seder after davening with a bracha even though one is davening at home.<ref>Yachava Daat 5:34, Teshuva written by Rabbi Mordechai Lebhar author of Magen Avot (Erev Shabbat Hagadol 5780), Kaf Hachaim 487:38-42</ref><br />
<br />
===Shir Hashirim on Chol Hamoed===<br />
<br />
#Ashkenazim generally have the custom to read Shir Hashirim on Shabbat Chol Hamoed Pesach. This year since there is no minyanim available, when one davens at home individually, there is no obligation to read Shir Hashirim. One may do so but it isn't in fulfillment of the minhag.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950655/rabbi-hershel-schachter/piskei-corona-13-shir-hashirim-on-chol-hamoed-pesach/ Rav Schachter (Piskei Corona #13)]</ref><br />
<br />
===Tefillat HaTal===<br />
<br />
#One can recite the piyut for tal on Pesach was only instituted for a congregation, however if one wants to recite it one may do so.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950285/rabbi-hershel-schachter/piskei-corona-9-hallel-on-pesach-night-and-tefillas-tal/ Rav Schachter (Piskei Corona #9)]</ref><br />
#In Mussaf everyone should stop saying [[Mashiv Haruach Umorid Hageshem]] and instead recite Morid Hatal because one is davening individually and one may not change from the practice of saying Mashiv Haruach of the congregation until the Shaliach Tzibur has done so and this year there are no minyanim switching at mussaf. After Mussaf, starting with Mincha, one should follow their regular minhag if they usually recite Morid Hatal or not.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950285/rabbi-hershel-schachter/piskei-corona-9-hallel-on-pesach-night-and-tefillas-tal/ Rav Schachter (Piskei Corona #9)]</ref> See [[Mashiv_HaRuach_UMorid_HaGeshem#When_to_Stop_Morid_Hageshem_and_Start_Tal]] for the background.<br />
#For Sephardim, one may begin to recite Morid Hatal in Mussaf even though he praying individually and there is no minyan nearby.<ref>Kaf Hachaim 114:8 and Halacha Brurah v. 6 p. 145 rule that the primary halacha is that there's no prohibition to begin to start to say Morid Hatal before the Shaliach Tzibbur. It is only forbidden for an individual to begin Mashiv Haruach Umorid Hageshem before the congregation does. This is the approach of the Bet Yosef citing the Ran, Pri Chadash, and Maamar Mordechai, unlike the Raavad cited by the Tur 114:2. However, in a regular year, the Kaf Hachaim and Halacha Brurah recommend being strict for the Raavad to have the Shaliach Tzibur announce before the Mussaf that everyone should begin to say Morid Hatal.</ref><br />
<br />
==Machine Matza==<br />
<br />
#It is permitted under extenuating circumstances to use [[machine matza]] for the mitzvah of eating matzah on the seder night.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards beginning)]. This is acceptable for Sephardim as well even with a bracha as described by Rav Ovadia Yosef in Yachava Daat 1:14 and Chazon Ovadia (Pesach Hilchot Leil Haseder 5763 Edition p. 76). [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim] holds that one should really used hand baked matzah but if one can't acquire any then one can use machine matzah. [https://yeshiva-university.zoom.us/rec/play/uMB7I-D--j83ToDAtgSDUaJ7W9Xueqis0nRK-6FfmUm0VSMBZ1qjYLIbZbHenouY882eTH8fEnI5K7DA?startTime=1585587811000&_x_zm_rtaid=5PWyeRatQdGWZ2q1UH7K6w.1585657713810.05dafc99f0c11cb46ffb1a63ddd87e47&_x_zm_rhtaid=904 Rav Willig (min 2)] has a similar approach.</ref><br />
#Some say that there's no concern to have the hand baked matzot this year.<ref>Rav Asher Weiss (Teleconference March 22 2020, min 19) said that there's no concern to use the hand-baked matzot since they were baked earlier in the year. His personal minhag is to have only hand baked matzot. In terms of using machine matzah he felt that it is only a chumra not to use them even for the mitzvah of motzei matzah and one could use them if there's no other option.</ref><br />
<br />
==[[Eruv Tavshilin]] and [[Eruv Chatzerot]]==<br />
<br />
#A rabbi should establish an eruv tavshilin on behalf of his whole community. Even though usually he acquires it to another person who isn't a family member on behalf of the community, this year because of social distancing one can acquire it to one's wife. <ref>[https://www.yutorah.org/lectures/lecture.cfm/951181/rabbi-hershel-schachter/piskei-corona-19-eruv-tavshillin-and-eruv-chatzeiros-and-social-distancing/ Rav Schachter (Piskei Corona #19)]</ref><br />
#An eruv tavshilin works to allow cooking from Yom Tov to Shabbat even though it isn't possible to have guests in most cases.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951181/rabbi-hershel-schachter/piskei-corona-19-eruv-tavshillin-and-eruv-chatzeiros-and-social-distancing/ Rav Schachter (Piskei Corona #19)] explained that usually we use the concept of ''hoil'', since guests might arrive who can eat the food one cooked, to permit cooking from one day of Yom Tov to Shabbat. However, this year that seems not to be applicable. Rav Schachter explained based on the Maharam Chalavah that ''hoil'' doesn't necessitate that one actually have guests or even have the ability to have guests, it is rather a halachic principle since objectively it is possible to have guests the eruv is effective.</ref><br />
#The communal eruv chatzerot continues to be effective even though the communal box of matzah's might not be accessible.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951181/rabbi-hershel-schachter/piskei-corona-19-eruv-tavshillin-and-eruv-chatzeiros-and-social-distancing/ Rav Schachter (Piskei Corona #19)] explained that since theoretically it is possible to get the box alone for a few minutes it isn't completely inaccessible (see Har Tzvi OC 2:16).</ref><br />
#It is permissible to wear a surgical mask on Shabbat outside and it isn't [[carrying]] as long as it is fastened well and won't fall off.<ref>[https://itorah.com/daily-halacha/lecture/may-one-wear-a-surgical-mask-on-shabbat-in-a-public-domain/3803 Rabbi Mansour]</ref><br />
<br />
==Birchat Ha'ilanot==<br />
<br />
#One can recite birkat hailanot from indoors if one can see the trees but one may not recite them by seeing the trees on a video.<ref>Ateret Paz p. 154-6</ref> See the [[Birchat HaIlanot]] for more details and sources.<br />
<br />
==[[Tanit Bechorot]]==<br />
<br />
#A person should try to finish a short masecheta to make his own siyum.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-1-Mar-24-2020.pdf Rav Hershel Schachter (Teshuva dated 28 Adar 5780 p. 2)], [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref> Some say that learning one masechta with Bartenura is sufficient.<ref>[https://itorah.com/daily-halacha/lecture/ta-anit-bechorot-during-the-coronavirus-pandemic/3802 Rabbi Mansour], [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref><br />
#Many poskim say that he can rely on a siyum over the phone or video livestream.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-1-Mar-24-2020.pdf Rav Hershel Schachter (Teshuva dated 28 Adar 5780 p. 2)]. [https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards beginning)]. [https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 1-4)] explained that Rav Schachter and Rav Shlomo Zalman Auerbach hold that it is enough to listen and join with the siyum over the phone or video call. However, other poskim don't like this leniency. Rav Asher Weiss (Teleconference March 22 2020, min 7) agreed that one can be yotzei with a siyum over the phone or video for the tanit bechorot. [https://www.torahanytime.com/#/lectures?v=106099 Rav Shmuel Fuerst (min 6)] agreed that this year you can be yotzei the siyum over the phone since it is an extenuating circumstance. [https://youtu.be/Yo6IJi2V-bw Rav Avigdor Nevinsal] agreed that you can be part of a siyum over the phone and the meal one has afterwards is a seudat mitzvah. [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim] holds that it is better to make a siyum oneself even on a tractate of mishna but if that's not possible one can listen on the phone.</ref><br />
#Some say that in the event one can't make one's own siyum or even hear someone else's, one doesn't need to fast this year in order to maintain strength in this time of a health crisis.<ref>[https://itorah.com/daily-halacha/lecture/ta-anit-bechorot-during-the-coronavirus-pandemic/3802 Rabbi Mansour]</ref><br />
<br />
==Birkat Halevana==<br />
<br />
#Ideally one should recite birkat halevana outdoors.<ref>Rama 426:4</ref> If one can not do so one can recite Birkat Halevana from inside but initially one should open the window.<ref>Pri Megadim M"Z 426:4, Mishna Brurah 426:21</ref> See the [[Birkat HaLevana]] page.<br />
<br />
==Chol Hamoed==<br />
<br />
#One can't buy stocks or sell them on Chol Hamoed, however, if not selling them could lead to a loss of one's original capital that one invested one can sell it.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref><br />
<br />
See [[Chol Hamoed]] for many details.<br />
<br />
==Using Zoom for the Seder==<br />
<br />
#Although a minority of rabbis allow using Zoom for this emergency situation in a very extenuating circumstance where an elderly single person is alone for the seder away from family because of the quarantines to use technology to leave a video conference going for Yom Tov to join with a family seder,<ref>[http://www.israelnationalnews.com/News/News.aspx/277764 Rabbi Eliyahu Abergel and other rabbis]</ref> most rabbis consider this to be a breach of halacha.<ref>Rav Asher Weiss (Teleconference March 22 2020 11am, min 39; teshuva in Minchat Asher Corona pp. 75-6), [http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-2-Mar-25-2020.pdf Rav Herschel Schachter (teshuva Adar 29 5780)], [https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 20-22)], [https://www.inn.co.il/News/News.aspx/432065 Rav Yosef Tzvi Rimon]. Rav Willig's held that it is absolutely forbidden and it is a tremendous zilzul Shabbat besides questions of others prohibitions of Shabbat.</ref> There is a discussion if the firstgroup of rabbis retracted.<ref>[https://vosizneias.com/2020/03/24/the-heter-for-zoom-at-the-seder-is-incorrect-and-should-be-retracted/ Rabbi Yair Hoffman] describes how 3 of the original signers of the lenient ruling would only permit under life and death needs and not in general. However, [https://www.jpost.com/israel-news/zoom-passover-seder-rabbis-hit-back-at-critics-622494 another article] describes how some of the original rabbis who were lenient confirmed their opinions.</ref><br />
#It is suggested to perform a pre-pesach zoom seder for people who you can't invite to your seder in order to share divrei torah, songs, and the experience of the seder before Yom Tov.<ref>[https://www.inn.co.il/News/News.aspx/432065 Rav Yosef Tzvi Rimon]</ref><br />
#For someone who is clinically depressed to the point that there is a concern of suicide or just losing one's mind it is permitted to use a phone to call him to cheer him up and check on him. However, if there's a way to check the patient before Pesach one should do so.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-2-Mar-25-2020.pdf Rav Herschel Schachter (teshuva Adar 29 5780)]. [https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Willig (min 24)] agrees that we violate Shabbat for someone who is suicidal but they can use the phone.</ref> A person should check with his rabbi in each case.<br />
#A person should recite Ha lachma anya this year as one would any other year, even though that phrase is a call for inviting guests and this year that is impossible.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951299/rabbi-hershel-schachter/piskei-corona-21-can-we-say-kol-dichfin-this-year-/ Rav Schachter (Piskei Corona #21)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
<br />
==[[Sefirat Haomer]]==<br />
<br />
#If someone couldn't get a hair cut because the barbers were all closed before Pesach, then if one reached the point when it very noticeably long and people would tell him to get a haircut he can take a haircut during [[Sefira]]. Today it can be estimated that if it has been more than 2 months since his last haircut he can take a haircut during the Sefira.<ref>https://www.yutorah.org/lectures/lecture.cfm/950659/rabbi-hershel-schachter/piskei-corona-16-haircuts-on-chol-hamoed-and-sefira/ Rav Schachter (Piskei Corona #16)</ref><br />
<br />
==Mikveh==<br />
<br />
#Each community rabbi needs to decide these sort of questions however in theory it is possible for the Mikva to remain open and allow women who aren't having symptoms or aren't quarantined to go to Mikva. They should be extra careful about hygiene and prepare completely at home, go to the Mikva where there is no contact with anyone besides a brief contact with the water which has chemicals for cleanliness. Then upon returning home there are poskim who allow the woman to take a shower when she gets home to clean herself off.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/950654/rabbi-hershel-schachter/piskei-corona-12-showering-after-the-mikvah/ Rav Hershel Schachter (Piskei Corona #12)], [https://www.torahanytime.com/#/lectures?v=105574 Rabbi Shay Tahan]. Rav Asher Weiss (March 29 2020) said it is obviously permitted to overlook the chumra of not showering when the woman returns from mikveh at these times.</ref><br />
#On Shabbat, if a woman goes to mikveh she can not take a hot shower when she gets back since turning on the hot water is causing cold water to enter the boiler and cook. Rather she should either decide to take a completely cold shower or delay the mikveh until Motzei Shabbat. She should also not decide not to take a shower at all because one shouldn't do something unsafe when there's an option to delay going to mikveh.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951538/rabbi-hershel-schachter/piskei-corona-26-showering-when-returning-home-from-the-hospital-or-the-mikvah-on-shabbos-or-yom-tov/ Rav Schachter (Piskei Corona #26)]</ref><br />
#On Yom Tov, according to those who are lenient to permit [[showering on Yom Tov]], when a woman returns from the mikveh should do so. Rav Schachter's opinion is that it is only permitted to take a shower on Yom Tov with water that is just hot enough to remove the chill from the water (less than lukewarm). If she decides she doesn't want to take such a shower, she should delay going to mikveh until after Yom Tov.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951538/rabbi-hershel-schachter/piskei-corona-26-showering-when-returning-home-from-the-hospital-or-the-mikvah-on-shabbos-or-yom-tov/ Rav Schachter (Piskei Corona #26)]</ref><br />
#The OU has established [https://www.ou.org/covid-19-and-the-mikvah-recommended-protocols/?utm_source=SilverpopMailing&utm_medium=email&utm_campaign=Mikvah%20Guidance%20(1)&utm_content=&spMailingID=32100310&spUserID=MTM2NTc0Mjg0NTYwS0&spJobID=1683098314&spReportId=MTY4MzA5ODMxNAS2 health guidelines] in order to allow a mikveh to remain open.<br />
#The RCBC also stated that Mikva's are remaining open for the time.<ref>[https://www.theyeshivaworld.com/news/featured/1839350/no-shul-yeshivas-shabbos-guests-levayos-shiva-vaad-harabanim-of-bergen-county-releases-letter.html RCBC letter on yeshivaworld.com]</ref><br />
#The men's mikveh's should be closed at this time. Even if a person is careful to go to mikveh each day he can fulfill this custom by taking a 5 minute shower.<ref>Rav Asher Weiss (Teleconference March 22 2020, min 12)</ref> See [[Preparations_for_Davening#Going_to_Mikveh]] for details.<br />
<br />
==Tevilat Kelim==<br />
<br />
#Each community should decide whether or not close the kli mikveh out of a safety concern. You can do the [[tevilat kelim]] in the ocean.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 5-9)], [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref><br />
#Alternatively, one can use tevilat kelim in the mikvah while wearing gloves, then throw out the gloves, wash off the kelim with soap and water. If the community has other procedures for safety one should observe them.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 5-9)], [https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 3-4)]</ref><br />
#As a last resort one can avoid tevilat kelim by giving the pots to a non-Jew and borrowing them back. One can rely on this until the virus passes.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 5-9)], [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]. [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal] said that one could rely upon this if there was no other option. [https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 14-16)] allows selling the kelim to a non-Jew. Rav Yosef Tzvi Rimon (teshuva dated Nisan 1 5780) recommended this.</ref> If one can't sell or gift the pots to a non-Jew oneself one can do so online through [https://nirshamti.co.il/e-%D7%98%D7%91%D7%99%D7%9C%D7%94/ Zomet].<br />
#Another option is for a person to declare the pots that need tevilat kelim to be ownerless (hefker) in front of 3 Jews. One has to have full intent that the pots are ownerless and if someone took them one would have no claim upon them. If these Jews can't be there in person it is sufficient if they are present through social media technology but they should be people who live in the neighborhood. They should then leave the pots outside their house for a few minutes so that if someone wanted to take them they could. <ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-1-Mar-24-2020.pdf Rav Hershel Schachter (Teshuva dated 28 Adar 5780 p. 1)], [https://itorah.com/daily-halacha/lecture/if-one-has-new-utensils-which-he-is-unable-to-immerse/3801 Rabbi Mansour]</ref> Others disagree.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 5-12)] said that one shouldn't use the solution to make the pots hefker since you're using the kelim. See Sefer Tevilat Kelim p. 84 based on Maharil Diskin. See S"A Harav 445:1 that hefker that isn't meaningful since you plan to reacquire it isn't a solution. However, Rav Elyashiv and Rav Soloveitchik allowed it in extenuating circumstances. Rav Asher Weiss (Minchat Asher Corona p. 72) writes that one should avoid using new pots and relying on this leniency to mafkir but in an extenuating circumstance one can rely on it.</ref><br />
#If there's are no solutions, some poskim would allow using the pots without tevilat kelim in this extenuating circumstance.<ref>Rav Asher Weiss (Teleconference, March 22 2020 11am), Rav Yosef Tzvi Rimon (Teshuva dated Nisan 1 5780)</ref><br />
#Regarding a seder plate and kos shel eliyahu requiring tevilah, see [[Tevilat Kelim]] page.<br />
<br />
==[[Brit Milah]]==<br />
<br />
#A Brit Milah can be done without a minyan since gatherings aren't safe.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
#A grandfather or someone else involved in a brit milah via zoom can recite the naming of the baby but he should not recite the bracha of asher kidash yadid mbeten.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951300/rabbi-hershel-schachter/piskei-corona-22-participating-in-a-simcha-via-zoom/ Rav Schachter (Piskei Corona #22)]</ref><br />
<br />
==Naming a Girl==<br />
<br />
#Although normally we try to name a baby girl at an aliya to the Torah, a person doesn't need a minyan in order to name a girl and under the circumstances should do so without delay.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Neventzal], [https://www.yutorah.org/lectures/lecture.cfm/950292/rabbi-hershel-schachter/piskei-corona-11-krias-shem-for-a-baby-girl/ Rav Schachter (Piskei Corona Teshuva #11)], [https://vimeo.com/399141271 Rabbi Moshe Heinemann] at about 16:45</ref><br />
<br />
==Bar Mitzvah's==<br />
<br />
#[https://www.torahanytime.com/#/lectures?v=105558 A message for Bar Mitzvah Boys in the Lockdown by Rabbi Pesach Krohn]<br />
#A bar mitzvah boy who missed the opportunity to read his parsha in shul when he became bar mitzvah'ed when it is next possible to go to shul he can add his parsha as a hosafa and read it then. Additionally, the haftorah can follow that hosafa.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards end)]</ref><br />
#The father of a Bar Mitzvah boy who couldn't layn should wait until he can do something that shows he's Bar Mitzvah like layn or daven as Shaliach Tzibbur to make such a bracha.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
<br />
==Weddings==<br />
<br />
#Ideally a wedding shouldn't be pushed off if both parties are ready even though it means having a tiny wedding.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal], [https://www.kimizion.org/maamar/5780_5784/keter.pdf (Keter Yitanu Lecha p. 38)]</ref><br />
#A rabbi should not officiate at a wedding that isn't abiding by the CDC guidelines of health because he is furthering unsafe practices.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards beginning)]</ref><br />
#It has been asked whether or not the poskim are more lenient this year regarding weddings during [[Sefira]] but the answer is that it is not determined because the situation is still unclear.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref> Some are lenient but it is best to schedule for [[Rosh Chodesh]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref><br />
#If in this dire situation it isn't possible to have a minyan, it is possible to have a wedding nonetheless without [[Sheva Brachot]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/951180/rabbi-hershel-schachter/piskei-corona-18-getting-married-with-less-than-10-men-present/ Rav Schachter (Piskei Corona #18)] explained that although it isn't possible to recite Sheva Brachot and seemingly they forbid the couple to each other without Sheva Brachot in this extenuating circumstance one can rely upon the opinion that the wedding is valid and they are permitted even without Sheva Brachot (see Nodeh Beyehuda EH 1:56). For birkat erusin certainly having a minyan isn't critical (Shulchan Aruch E.H. 34:4) although it is preferable and in this circumstance unnecessary. From Bet Shmuel 64:4 it appears to be a dispute between the Shulchan Aruch and Rama whether one is allowed to have a wedding at all if it is extremely difficult to get a minyan, the Rama being lenient. </ref><br />
#A minyan for [[sheva brachot]] can not be created via Zoom. Additionally, one can't recite a bracha of sheva brachot for the couple via Zoom.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951300/rabbi-hershel-schachter/piskei-corona-22-participating-in-a-simcha-via-zoom/ Rav Schachter (Piskei Corona #22)]</ref><br />
<br />
==[[Fast Days]]==<br />
<br />
#If the rabbis declare a half fast day until [[Chatzot]] according to Ashkenazim an individual can recite [[Anenu]] in Mincha Shemona Esrei<ref>Rama 562:1 writes that Ashkenazim hold that even for an incomplete fast one can recite anenu. Mishna Brurhah 562:48 references this Rama in discussing a fast that was accepted to fast until chatzot. The Mishna Brurah 562:7 cites a debate as to whether one should omit the words צום תעניתנו while reciting עננו in such a scenario as many poskim argue that a half fast is not considered a fast and therefore one would not want to risk speak falsely, particularly when he is speaking to Hashem.<br />
<br />
*[https://www.theyeshivaworld.com/news/israel-news/1841977/hagaon-harav-chaim-kanievsky-calls-to-fast-for-half-a-day-on-erev-rosh-chodesh.html Rav Chaim Kanievsky] declared a half fast on Erev Rosh Chodesh Nissan 5780.</ref> assuming he is still fasting when he prays Mincha.<ref>Mishna Brurah 562:6</ref> According to Sephardim one can only recite anenu if one fasts the entire day.<ref>Shulchan Aruch 562:10-11 holds that a incomplete fast is not considered a fast with respect to saying anenu. Therefore if one only fasts until chatzot one should not recite anenu.</ref><br />
#A person should accept the fast from the day before, as is traditionally done at mincha time. If one didn't do so, according to Sephardim one shouldn't recite anenu, but according to Ashkenazim one can recite anenu.<ref>Shulchan Aruch and Rama 562:5</ref><br />
<br />
==Mezuzah==<br />
<br />
#A person should not kiss any mezuzah, or any siddur or chumash of a shul or a public area at this time because of concern of spreading COVID19.<ref>[https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)], [https://www.jpost.com/israel-news/chief-rabbi-of-israel-due-to-coronavirus-stop-kissing-the-mezuzah-619753 Chief Rabbi Rabbi David Lau]</ref><br />
<br />
==Shalom Bayit==<br />
<br />
#It is critical to be mindful of other people when everyone is under stress and no one is completely comfortable. [https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Dr. Pelcovitz] discusses the implications quarantine can have Shalom Bayit.<br />
#It is forbidden for a couple to have [[tashmish]] at a night of famine<ref>Gemara Tanit 11a, Shulchan Aruch O.C. 240:12</ref> since everyone is in distress it is incumbent on everyone to take upon himself an aspect of distress.<ref>Mishna Brurah 574:9</ref> The same is true for any time of societal distresses.<ref>Rama 240:12 based on Yerushalmi Tanit. Olot Tamid 240:6 (cited by Kaf Hachaim 240:85) understands the Rama to apply to any type of tragedy that we would declare a fast over.</ref> Others disagree.<ref>Shaarei Knesset Hagedola (Hagahot Tur 240:5) writes that tashmish is only forbidden during a famine, plague of the crops, locusts and the like which cause a famine but not for other tragedies or troubles. Kaf Hachaim 240:85 rules like the Shaarei Knesset Hagedola either because that is the explanation of the Yerushalmi or we don't follow the Yerushalmi.</ref><br />
#It is permitted to have tashmish on mikvah night.<ref>Shulchan Aruch O.C. 574:11 writes that it is permitted for a couple to have tashish on mikva night. Mishna Brurah 574:11 cites the Magen Avraham who argues with Shulchan Aruch but then he cites the Bigdei Yesha and Nahar Shalom who are lenient and there's what to rely on to follow Shulchan Aruch. Mishna Brurah concludes that certainly one can be lenient at a time when it isn't a famine and it is just another time of distress in the world.</ref><br />
#It is permitted to have tashmish for a couple who didn't yet fulfill [[pru urevu]].<ref>Shulchan Aruch O.C. 240:12, 574:4, Mishna Brurah 240:47</ref> Once his wife is pregnant this leniency doesn't apply.<ref>Mishna Brurah 574:12</ref><br />
#If he has a strong yetzer hara and there is a concern of [[hashchatat zera]] it is permitted.<ref>Mishna Brurah 240:46</ref><br />
#There is what to rely upon to have tashmish at a time of war and there is no midat chasidut to be strict, especially for young couples even for someone who fulfilled pru urevu.<ref>Tzitz Eliezer 13:21</ref><br />
#During the time then the plague of corona virus is rampant in the world there is a lot to rely upon to have tashmish. Someone who wants to be strict can do so.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949166/rabbi-ally-ehrman/is-tashmish-hamitta-permitted-during-the-coronavirus-pandemic-/ Rabbi Ehrman on yutorah]. Rav Asher Weiss (Zoom Conference, March 22 2020, 11am, min 15) was lenient he said that the situation presently isn't one that rises to the level where we need to declare a fast. Also, since domestic violence recently has been on the rise because of the quarantines one shouldn't be strict in this area. </ref><br />
<br />
==Laid off Workers and Cancelled Contracts Because of Corona==<br />
<br />
#If there's a employee that is unable to work because of a societal or national crisis the employees should continue to be paid by the employers according to many opinions or at least they should make a compromise.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949287/rabbi-michoel-zylberman/coronavirus-and-laid-off-employees/ Rabbi Zylberman on yutorah]. Mordechai b"m 343 writes that if there's a decree in the town that the teachers can't teach the teachers should still be paid. Rama C.M. 321:1 cites this Mordechai and applies it to any worker in 334:1. The Sama 334:2 argues with the Mordechai and holds that since the employee can't work and both aren't at fault and both couldn't foresee this the employer is exempt. Netivot 334:1 limits the idea of the Mordechai to a teacher and not other employers since a teacher is paid for sachar betela (see [[Laws_of_Learning_Torah#Taking_Money_for_Learning_and_Teaching_Torah]]). Shach 334 holds that this opinion of the Mordechai only applies if majority of the town ran away because of a crisis but if only a minority runs away then the employee isn't entitled to payment. Aruch Hashulchan 334:10 has another approach. If the situation prevents the worker from working then he is entitled to pay but if he runs away then he isn't. Rabbi Zylberman explained from Mishpat Poalim we think that this is a case of Hamotzei Mchavero Alav Harayah, whoever is holding onto the money can claim that he is exempt from paying or returning the money. Rav Asher Weiss in Minchat Asher 2:106 says that they should make a compromise, and Rav Bleich ([https://www.sefaria.org/Contemporary_Halakhic_Problems%2C_Vol_IV%2C_Chapter_XIV_The_Intifada_and_the_Gulf_War.35?lang=bi&with=all&lang2=en Contemporary Halachic Problems v. 4]) thinks that we follow the Rama. Once the Chatom Sofer had a case in his town and he felt that they should pay but he couldn't force everyone to pay it so he told them to pay half. Rav Yona Reiss had a case where they made a compromise. <br />
<br />
*Rav Asher Weiss (Zoom Conference, March 22 2020, 11am, min 21-25) thought that one should compromise and give the workers who aren't working 30% of their pay. This applies Jewish and non-Jewish workers. This is based on the Rama and Sama CM 221. As for the day schools and daycares that are closed and not providing services one theoretically should be exempt. Since it might be devastating to the schools one needs to wait until the government makes a decision. Either way, we should wait until there is a major decision from the government or authorities and follow that. Until then for the schools we should pay so that the teachers can have a salary for their [[parnasa]].</ref><br />
#This applies to contractors for cancelled events as well.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949287/rabbi-michoel-zylberman/coronavirus-and-laid-off-employees/ Rabbi Zylberman on yutorah]</ref><br />
#If someone rented out an apartment to someone and then he wants to retract because of a concern that the potential tenants have the virus, some say that it is forbidden to back out of the contract.<ref>[http://kol-barama.co.il/item/%D7%A4%D7%99%D7%A7%D7%95%D7%97-%D7%A0%D7%A4%D7%A9-%D7%A7%D7%95%D7%A8%D7%95%D7%A0%D7%94-%D7%A2%D7%A4%D7%99-%D7%94%D7%94%D7%9C%D7%9B%D7%94/ Rav Yakov Sinai] based on Rama in teshuva, Shach CM 312 and other sources</ref> The same is true of a hotel or pesach program that was cancelled.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951789/rabbi-hershel-schachter/piskei-corona-27-the-importance-of-tzedaka-and-chesed/ Rav Schachter (Piskei Corona #27)] writes that it is important to reach a peshara, compromise, with respect to the question of how much a person should be paid in return for the pesach programs that were cancelled.</ref><br />
<br />
==Yeshiva Tuition==<br />
See previous section about the background for this question.<br />
<br />
#Even though the question of whether a person should pay tuition while it is closed is subject to debate a person should make sure to pay in full as the yeshivot do not have enough money and it is critical to give tzedaka at this time, which is a great merit to protect oneself from any danger.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951789/rabbi-hershel-schachter/piskei-corona-27-the-importance-of-tzedaka-and-chesed/ Rav Schachter (Piskei Corona #27)</ref><br />
<br />
==[[Bikur Cholim]]==<br />
<br />
#A person doesn't have to and shouldn't visit someone who has a virus that contagious such as corona.<ref>[http://kol-barama.co.il/item/%D7%A4%D7%99%D7%A7%D7%95%D7%97-%D7%A0%D7%A4%D7%A9-%D7%A7%D7%95%D7%A8%D7%95%D7%A0%D7%94-%D7%A2%D7%A4%D7%99-%D7%94%D7%94%D7%9C%D7%9B%D7%94/ Rav Yakov Sinai (min 3)] explains that although the Rama in a teshuva and Knesset Hagedola hold that one should visit the sick even if they have a contagious disease, the Shulchan Gavoha and others disagree and that is the halacha.</ref><br />
#A person fulfills the mitzvah of bikur cholim on the phone according to many poskim.<ref>[https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Shlomo Aviner (Keter Yitnu Lecha p. 34)] citing Igrot Moshe YD 1:223 and Tzitz Eliezer 8:5. Rav Aviner added that the main idea of bikur cholim is to do what is best for the patient and in our context that is to call.</ref><br />
#Someone who is praying for a mortally ill patient to get better and doesn't know if he is still alive should pray for his well-being and not specifically for him to get better.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951537/rabbi-hershel-schachter/piskei-corona-25-davening-for-the-sick/ Rav Schachter (Piskei Corona #25)]</ref><br />
<br />
==Burial and Mourning==<br />
===Burial===<br />
<br />
#Each place should follow the guidelines that are in place for safety. If a minyan isn't possible, then the next thing that is to try to have is Jews doing the burial. If they don't even let that, then afterwards a Jew should check that the burial by the non-Jews was done properly in the ground.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 26-8)]. [https://www.yutorah.org/sidebar/lecture.cfm/951298/rabbi-hershel-schachter/piskei-corona-20-tahara-for-meisim/ Rav Schachter (Piskei Corona #20)] said that they should specifically have as few people as possible for the burial and maybe just the workers and that too fulfills the mitzvah of burial.</ref> It is forbidden to cremate and it is still considered not dangerous to properly do a burial with no tahara and minimal involvement of the fewest people or simply the cemetery workers.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951298/rabbi-hershel-schachter/piskei-corona-20-tahara-for-meisim/ Rav Schachter (Piskei Corona #20)]</ref><br />
#At this time the chevra kadisha should not perform a tahara for the deceased since it could lead to danger.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951298/rabbi-hershel-schachter/piskei-corona-20-tahara-for-meisim/ Rav Schachter (Piskei Corona #20)]</ref><br />
#A person who was buried in America because of the corona virus but was planned to be buried in Israel can later when the virus isn't an issue be reburied in Israel, even though generally we don't rebury someone who was buried.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)]</ref> See the topic of [[Laws_and_Customs_of_a_Funeral#Under_What_Circumstances_is_it_Permitted_to_Move_Someone_Buried.3F|reburying a corpse]] in general.<br />
#Regarding burials on Yom Tov and Yom Tov Sheni, see [https://www.yutorah.org/lectures/lecture.cfm/951790/rabbi-hershel-schachter/piskei-corona-28-guidelines-for-burial-on-shabbos-and-yom-tov/ Rav Schachter's Guidlines for burial on Shabbat and Yom Tov]<br />
<br />
===Kriyah===<br />
<br />
#The rabbi could do the [[Kriyah]] for the mourner with gloves and a mask or he can simply tell the mourner to do it.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Willig (min 29)]</ref><br />
<br />
===Avelut===<br />
<br />
#A person who is no going to be involved in the burial anymore because the deceased was given to the chevra kaddisha then he is not considered an [[Onen]] anymore and should begin [[Avelut]] (mourning). However, if he is going to call relatives to tell them about the levaya then he is still an [[Onen]].<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)]</ref>. If he is going to watch the burial with Zoom or listen on the phone it is unclear if he is still an Onen.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)] isn't certain if a person involved in the burial merely because he is watching via Zoom is still considered an Onen. [https://www.yutorah.org/sidebar/lecture.cfm/839779/rabbi-asher-bush/%d7%94%d7%aa%d7%97%d7%9c%d7%aa-%d7%90%d7%91%d7%99%d7%9c%d7%95%d7%aa-%d7%9c%d7%9e%d7%99-%d7%a9%d7%90%d7%99%d7%a0%d7%95-%d7%a0%d7%9e%d7%a6%d7%90-%d7%91%d7%a7%d7%91%d7%95%d7%a8%d7%aa-%d7%90%d7%91%d7%99%d7%95-%d7%95%d7%9e%d7%a9%d7%aa%d7%aa%d7%a3-%d7%a2-%d7%99-%d7%94%d7%98%d7%9c%d7%a4%d7%95%d7%9f/ Rav Asher Bush] wrote based on MPeninei Harav p. 202 that he considers someone phoning into a burial to not be an Onen unless they're going to ask him questions about the burial.</ref><br />
#On [[Erev Pesach]] if someone is buried before [[Chatzot]] (midday) the relatives should observe [[Avelut]] (mourning) before Chatzot and then at Chatzot it is considered like a Yom Tov and the rest of the [[Shiva]] is cancelled. If the person is buried after [[Chatzot]] they should observe Avelut before Yom Tov and then the Yom Tov will come and cancel the rest of [[Shiva]].<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)]</ref><br />
#A mourner shouldn't eat his first meal after the burial, the [[Seudat Havrah]], from his own food; other should provide that food. If at this time when people are concerned for COVID19 and might not send food, if the mourner knows that he isn't going to be sent food, he can eat the first meal from his own food.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)]</ref><br />
<br />
===Kaddish and Iyluy Neshama===<br />
<br />
#Under the circumstances a person can not recite the kaddish because minyanim aren't available. Therefore, a person should take upon himself to learn mishnayot for the deceased.<ref>Rav Asher Weiss (Minchat Asher Corona pp. 58-9)</ref><br />
<br />
See [[Practices_in_the_Mourner%27s_House#Iyluy_Neshama]] and [[Kaddish]] pages.<br />
<br />
==[[Kibbud Av Vem]]==<br />
<br />
#If one's parents ask him to do something which the department of health has deemed unsafe a person should not listen to his parents in such a case and that isn't a breach of Kibbud Av Vem.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-2-Mar-25-2020.pdf Rav Schachter (Teshuva Adar 29 5780)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
<br />
==Violating Shabbat for [[Pikuach Nefesh]]==<br />
'''On Shabbat or Yom Tov, if anyone has any concern whatsoever that they are in serious danger because of deteriorating health, they should immediately call a doctor or [[Going_to_and_Staying_in_the_Hospital_on_Shabbat|go to the hospital]].'''<br />
<br />
#It is a well established halacha that it is not only permitted but even a mitzvah to violate [[Shabbat]] in order to safe a life or to remove a situation that presents even a slight chance of danger.<ref>Shulchan Aruch O.C. 328:13</ref> The question is how to define the threshold of danger.<ref>[http://nleresources.com/2020/03/rav-asher-weiss-coronavirus-in-halacha/#.XnoNOIjYrIU Rav Asher Weiss (March 15 2020, min 18-22) to Beit Midrash Gavoha] explained that the definition of danger in order to violate Shabbat isn't defined by statistics. For vaccinations we assume that it is a sakana not to vaccinate even though the odds of dying because of the measles is low. Since it is preventable it is incumbent upon us to vaccinate. He concludes that as long as it is a natural phenomenon and there is an action that we can do to prevent deaths we must do so.</ref><br />
#In certain cases of emergency regarding corona virus it would be allowed to violate Shabbat.<ref>[https://www.theyeshivaworld.com/news/headlines-breaking-stories/1841156/harav-zilberstein-answer-telephone-on-shabbos-if-awaiting-results-of-coronavirus-test.html Rav Zilberstein] allowed a patient to answer the phone on Shabbat with a [[shinuy]] only to hear the results of a test and answer questions for epidemiological investigation. If the test results that show that a patient has the virus are produced on Shabbat it is incumbent for the health department to deal with the quarantine then and it is permitted to answer the phone for that.</ref> Obviously every single case is different and one should learn the laws of Pikuach Nefesh from a rabbi in advance.<br />
#If a person is discharged from the hospital on Shabbat and they need him to leave because of the lack of space that they have because of the numbers of people who are ill, his family member can drive to get him. They should do a [[Shinuy]] when turning on the car like turning the key with one's weaker hand, or pressing the button on the key with one's knuckle. Also, when turning off the car one should use a Shinuy.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950282/rabbi-hershel-schachter/piskei-corona-6-pikuach-nefesh-on-shabbos/ Rav Schachter (Piskei Corona #6)]</ref> However, a similar question regarding a nurse returning from the hospital on Shabbat some poskim say that she may not drive herself but rather should take a non-Jewish cab and just be careful when in and after leaving the taxi.<ref>Rav Asher Weiss (teshuva "Nesiyat Achot" Nissan 5780) was uncomfortable permitting driving oneself home from the hospital on Shabbat even if it was for an emergency since it is a large dispute between Rav Moshe and Rav Shlomo Zalman. Rather he said that one should take a cab with a non-Jewish driver. Even though at this time when people are concerned about getting the virus from going in a cab, he still felt that it isn't considered pikuach nefesh and one shouldn't still drive oneself. Rather one should take the cab but very careful.</ref><br />
#If a relative is in the hospital and the family members would call the hospital that would indicate to the doctors and nurses that the family cares and the patient will receive better treatment, it is permissible to do so on Shabbat or Yom Tov.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951791/rabbi-hershel-schachter/piskei-corona-29-calling-the-hospital-on-shabbos-or-yom-tov-to-advocate-for-relatives/ Rav Schachter (Piskei Corona #29)]. [https://www.theyeshivaworld.com/news/featured/1848379/important-message-from-flatbush-hatzolah-about-family-members-in-hospitals.html Flatbush Hatzolah] announced the same thing but they said that the calling and hanging up should be done with a shinuy.</ref><br />
<br />
==Doctors Working in the Hospital==<br />
<br />
#Regarding the larger issue of halachic triage see [https://www.yutorah.org/lectures/lecture.cfm/951531/rabbi-hershel-schachter/piskei-corona-15-triage-in-medical-decisions-updated-/ Rav Schachter (Piskei Corona #15 Updated)]. Here is a relevant [https://docs.google.com/document/d/1CtQ_XHzQarzg_0PEQODCO1ATKlM_cEmvPsXa8kdpgJA/edit sourcesheet on Halachic Triage]. [https://aiayk.org/pesachaudio/ Rav Asher Weiss (Teleconference April 6 2020, min 5-15)] discusses triage in halacha and what doctors should do.<ref>Rav Asher feels that there are only two factors that we consider for halachic triage: give precedence to someone who is in immediate danger, and give treatment to whoever has a better chance for survival. Age or spiritual need for the community are not factors for precedence. <br />
<br />
*Rav Asher says that for choleh shebifanenu the knowledge that another choleh is going to come in soon is considered pikuach nefesh if will with certainty be helpful. Therefore, if an older patient comes into the hospital but they know a younger patient is going to come in, they can consider them as though they came in together and treat according to who is in immediate danger and who has the better chance to live. Rav Schachter felt the same way in his teshuva.<br />
*If a hospital has a certain regulation, does he need to disregard the hospital protocols? Rav Asher Weiss felt that the doctors should not disregard hospital protocol, for multiple reasons but partly because if he doesn't he'll lose his license and having more able doctors at this time is pikuach nefesh.<br />
*Pulling a patient off a ventilator because someone entered the hospital who has a better chance of living, Rav Asher (min 27) felt is forbidden. Rather the doctor should say that he feels uncomfortable to do this and should let another doctor do it. Rav Schachter felt that one should try to convince the older patient to sign a DNR at that point in order to save the younger patient.</ref><br />
#A doctor may and is encouraged to perform a life saving procedure if he is wearing the correct protective gear.<ref>[https://aiayk.org/pesachaudio/ Rav Asher Weiss (Aguda Teleconference, April 6, 2020, min 18-22)] explains that you can’t put yourself in danger. However, you can if you’re saving someone from an immediate danger and you’re putting yourself in minimal danger then it is a middat chasidut to do so. Therefore, a doctor should do mechanical ventilation CPR on a COVID19 patient if he has the correct protective gear.<br />
<br />
*Rav Asher (min 33) allowed sharing ventilators when the doctors see fit in order to save another life because moving a patient from a single ventilator to a shared ventilator isn't considered doche nefesh mipnei nefesh since it isn't proven to be dangerous to use a shared ventilator. He also cited the Chazon Ish regarding turning the arrow to the side killing fewer people to save more people.<br />
*Rav Asher (min 38) said that a doctor who isn't in that particular field or is retired or has vacation doesn't have to volunteer but his doing so would be a middat chasidut. However, if he is endangering himself such as if he's over 70, he is immune compromised, or has a family member who is, then he shouldn't volunteer.</ref><br />
#A doctor returning from the hospital on Shabbat and needs to shower for health reasons so as not to catch the corona virus on his body or clothing, may do so. If he can manage with a cold shower, he should do so. If he can't, he may turn on the hot water with a [[shinuy]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/951538/rabbi-hershel-schachter/piskei-corona-26-showering-when-returning-home-from-the-hospital-or-the-mikvah-on-shabbos-or-yom-tov/ Rav Schachter (Piskei Corona #26)]. See there for how he distinguishes this from the woman returning from the mikveh on Shabbat.</ref><br />
<br />
==[[Mesira]] and Rodef==<br />
<br />
#If your doctor actually ascertains that there is a sakanat nefashot, mortal danger, involved with a certain large gathering that someone is doing then it is permitted to tell the authorities. However, otherwise it is forbidden because of informing upon another Jew ([[mesira]]). This can be a very difficult measure to actually properly assess.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Willig (min 41)]</ref> Some say that it is obligatory to be moser to the police on someone who is supposed to be in quarantine and isn't.<ref>Rav Asher Weiss (teshuva "Mechuyav Bbidud" Chol Hamoed Pesach 5780)</ref><br />
#Some hold that if a person is supposed to be in quarantine and they are not they are considered a rodef. However, obviously one should first speak to him and convince him to do what is safe.<ref>[https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 36)] citing Rav Zilberstein</ref><br />
<br />
==Links==<br />
<br />
*[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal Q&A about Corona]<br />
*[https://rabbidunner.com/coronavirus-qa-with-rav-hershel-schachter/ Transcription of Q&A with Rav Schachter by Rabbi Dunner]<br />
*[https://www.theyeshivaworld.com/news/featured/1839350/no-shul-yeshivas-shabbos-guests-levayos-shiva-vaad-harabanim-of-bergen-county-releases-letter.html RCBC letter calling for the closing of Shuls and Schools]<br />
*[http://www.torahweb.org/ TorahWeb] hosts many resources for Corona halacha including Rav Schachter's Teshuvot<br />
*[http://www.kolcorona.com/ KolCorona.com] a Torah resource, initiated by Rabbi Reuven Taragin, for those affected by Corona<br />
<br />
==Sources==<br />
<references /><br />
[[Category:Orach Chaim]]</div>YitzchakSultanhttps://halachipedia.com/index.php?title=Halachot_Related_to_Coronavirus/COVID-19_Pandemic&diff=25543Halachot Related to Coronavirus/COVID-19 Pandemic2020-04-12T13:32:41Z<p>YitzchakSultan: /* Minyan via Porches or Technology */</p>
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<div>[[Image:3D medical animation corona virus.jpg|right|300px]]<br />
All rabbinim agree that one should be cautious with all the health guidelines and social distancing<ref>[https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 34)] interestingly describes the sources in general about the Jewish view on handshaking and whether it is a [[Chukot Hagoyim]]. The poskim hold that in it isn't however, at this time it is forbidden because of the health concerns.</ref> set up by the government and other local institutions in order to stay safe and help prevent getting others sick.<ref>[https://www.torahanytime.com/#/lectures?v=104843 Rav Yitzchak Yosef], [http://www.torahweb.org/torah/docs/rsch/RavSchachter-with-doctors_Mar-15-2020.pdf Rav Hershel Schachter], Rav Asher Weiss (Teleconference March 22 2020), [https://www.ou.org/covid19/ OU (March 20 2020)], [https://www.torahanytime.com/#/lectures?v=106099 Rav Shmuel Fuerst (min 53)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal], [https://www.jpost.com/israel-news/leader-of-ultra-orthodox-world-calls-for-lone-prayer-due-to-coronavirus-622805 Rav Chaim Kanievsky], [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Shlomo Aviner (Keter Yitnu Lecha p. 34)], and RCBC letters. An article on [https://www.kikar.co.il/abroad/354170.html kikar.co.il] describes how the gedolim are currently davening privately including: the Gerre rebbe, Rav Shalom Kohen, Rav Gershon Edelstein, Rav Moshe Shternbuch, Rav Yitzchak Yosef, Sanser Rebbe, Rav Bakshi Doron, Rav Dovid Yosef, Bavian Rebbe, and Rav Sheiner.<br />
<br />
*Endangering Oneself to Learn Torah: Ketubot 77b records and praises the practice of Reish Lakish to teach Torah to those ill with tzarat, some translate as leprosy, even though it is contagious. The gemara explained that he did so out of his love for Torah. Daf Al Hadaf cites Mishnat Pikuach Nefesh 69:7 who asks how Reish Lakish could endanger himself and rely on a miracle. He answers that the disease he was concerned with was only dangerous to health but not life threatening.</ref> Coronavirus, as it causes a serious health threat to some people, inhibits any social gatherings and semachot, and has severely damaged the economy and livelihood of certain people, poses a serious challenge to everyone. We all need to daven and take advantage of the circumstances in order to best serve Hashem. As a thoughtful Jew, it is incumbent upon a person to take to heart some important lessons of life and re-strengthen himself in his commitments. <ref>Rambam Taniyot 1:1-3, [https://www.torahanytime.com/#/lectures?a=105844 Rav Reuven Epstein] emphasizes that we need to take a lesson from corona since it overtly a hardship for Jews and humanity and a sign from Hashem. [https://www.yutorah.org/lectures/lecture.cfm/949185/rabbi-menachem-penner/shema-everything-is-from-hashem/ Rabbi Penner] discussed how we can revitalize our strength in mitzvot at this time based on better appreciating the lessons of Shema. Rav Asher Weiss (Teleconference March 22, 2020) introduced his shiur by discussing how we can strengthen our commitment to [[Ben Adam Lchavero]]. [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha)] wrote many lengthy pieces on the hashkafic questions related to COVID19.</ref> Additionally, on a practical level, COVID19 has many implications for people, and below is a small collection of the relevant halachot.<br />
<br />
==[[Tefillah]]==<br />
When davening at home one should be cognizant of the following ideas:<br />
<br />
#The best time to pray is Netz. According to many poskim this is equivalent to praying with a minyan.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz], Laws of Praying Beyachid (Adar 5780) by Rabbi Yonatan Nacson p. 1 citing Yalkut Yosef 89:1</ref><br />
#A person should daven in a [[makom kavuah]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] and [https://www.star-k.org/videos.php Rabbi Moshe Heinemann around minutes 5-7]</ref><br />
#It is preferable to daven with two people instead of one.<ref>Rav Asher Weiss (Minchat Asher, Volume on coronavirus, Inyane Tefila section, Chapter 16, Subchapter 2, page 41). Rav Asher Weiss adds that there is no distinction between a man or a woman in this situation, so praying with one's wife or daughter is equally preferable to praying with one's son. </ref><br />
#A person should daven in front of a wall so that there's no distractions in front of him.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]</ref><br />
#A person can and should daven near a window that serves as a means of being inspired to look towards heaven.<ref>Shulchan Aruch 90:4 writes that there should be windows in a place where one davens. [https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] suggested that the same should be done for when we daven at home to daven in a place where there is a window.</ref><br />
#A person can daven [[Shemona Esrei]] aloud if it helps his kavana. It also serves as a role model for children.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]</ref><br />
#A person shouldn't daven in a room that is usually used for frivolity.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]</ref><br />
#A person shouldn't daven in front of an open bathroom.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]</ref><br />
#At a time of a plague such as our times it is advisable to say [[ketoret]] which has the power to end a plague.<ref>Laws of Praying Beyachid by Rabbi Nacson p. 2, [https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] citing Rabbi Akiva Eiger teshuva 71</ref><br />
#According to some, at this time a person should recite Avinu Malkenu in [[Shacharit]] and [[Mincha]],<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] quoting Rav Schachter</ref> while others emphasize how one must focus on Teshuvah and reciting all parts of the regular seder haTefillah first.<ref>[https://www.torahanytime.com/#/lectures?v=104864 Rav Bention Mutzafi (55:10)]</ref> Avinu Malkenu should not be recited during [[Nissan]].<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal] stated that one should not recite Avinu Malkenu during Nissan. See Divrei Yatziv OC 75 for different minhagim about saying Avinu Malkenu during Nissan. See discussion page.</ref><br />
#Eating a meal before davening when the time comes to daven a certain tefillah should be avoided since generally we are lenient about this since we go to established minyanim but for when that isn't possible we should be more strict about this.<ref>Mishna Shabbat 9b, [https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]. [https://www.star-k.org/videos.php Rabbi Moshe Heinemann] around minutes 5-7 says that if one sets an alarm, that should be sufficient</ref> See details here about [[Eating before Davening| eating]] and [[Other Activities before Davening| doing activities before davening]].<br />
#When davening as a family, in a temporary fashion, some hold that it isn't necessary to have a [[mechitza]] and the men and women can simply daven on different sides of the room.<ref>Igrot Moshe 5:12:1 writes that regarding a Shabbos Sheva Brachos since it is just the family and it is a temporary situation no mechitza is necessary.</ref> See [[Mechitza]] for more details.<br />
#A person shouldn't forget to recite [[Birkat Halevana]] by themselves when they see the moon. It can be said from indoors. See [[Birkat Halevana]] page for details.<br />
<br />
===Parts of Davening to Skip===<br />
<br />
#On Friday night an individual doesn't recite [[Shabbat_Davenings#Me.27ayn_Sheva |Magen Avot]] after Shemona Esrei of Maariv.<ref>Laws of Praying Beyachid p. 10 citing Shulchan Aruch O.C. 268:8</ref> However, one should recite Vayechulu.<ref>[https://vimeo.com/399141271 Rabbi Moshe Heinemann] at around 24:45. At around 34 minutes, he clarifies that this can be done even by yourself, though normally we try to say it with at least two </ref><br />
#One doesn't recite [[Baruch Shemey]] when praying by oneself since it is part of the activity of removing the Sefer Torah.<ref>Mishna Brurah 134:13</ref><br />
<br />
==Minyan via Porches or Technology==<br />
<br />
#It is forbidden to have a minyan in person whether it is in a shul, shteibel, home, or backyard.<ref>[https://www.ou.org/covid19/ OU]. [https://www.yutorah.org/lectures/lecture.cfm/951048/rabbi-hershel-schachter/piskei-corona-14-forming-a-minyan-outside/ Rav Schachter (Piskei Corona #14)] writes that a person shouldn't try to make a minyan on his lawn spread out even if there's a small remote chance of spreading the virus. He also held that making a minyan with ten people standing on different balconies or porches doesn't count as a minyan. [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)] writes that certainly a person should not attend a minyan because of the danger and one may not rely on the zechut of a minyan to protect him, one needs to be safe. Rav Asher Weiss agrees that one must pray alone in order to avoid potential danger (Minchat Asher, Volume on coronavirus, Inyane Tefila section, Chapter 16, page 36). </ref> There is an exemption from tefila in a minyan due to the danger of the pandemic.<ref>Rav Asher Weiss (Minchat Asher, Volume on coronavirus, Inyane Tefila section, Chapter 16, Subchapter 1, page 40).</ref><br />
#If there ten people standing on their own porches and can see one another, some say that one can not create a minyan in such a manner, while others hold that one can.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951048/rabbi-hershel-schachter/piskei-corona-14-forming-a-minyan-outside/ Rav Schachter (Piskei Corona #14)] holds that it isn't a valid minyan. However, Rav Shternbuch (teshuva Nissan 8 5780) held that it is a valid minyan. To satisfy all the opinions the shaliach tzibur should have in mind that when he does chazarat hashatz that he could be praying a voluntary tefillah. They can't join if they're across the street and within ten tefachim of the ground. The shaliach tzibur needs to be able to see everyone. For kriyat hatorah that is done with porches initially one should call up the baal koreh or anyone on his porch, then one can even call up to an aliya someone on another porch as long as he can hear the baal koreh. The kohanim should leave before retzah because they can't say birkat kohanim. Someone davening alone doesn't have to hear kriyat hatorah since it is an obligation of the community and not individual. Rav Asher Weiss (Teleconference with Aguda, April 2 2020) was also inclined to hold that it is possible to make a minyan with people on porches who can see each other.<br />
*Mishna Brurah 55:48 based on Rashba responsa 1:96 holds that one can learn from the laws of zimmun that if people can see each other they can join for minyan.<br />
Rav Asher Weiss writes that a minyan can be created between men praying from their respective porches in order to prevent the grave danger of congregating in closer proximity, and kadish and kedusha may be recited (Minchat Asher, Volume on coronavirus, Inyane Tefila section, Chapter 18, Subchapter 2, page 53). In another teshuva ("Histarfut Lminyan" Nissan 5780) wrote that he thought that one couldn't join people across the street from one another.</ref><br />
#You can't create a minyan with a video (e.g. zoom or skype) or phone call but one can join a minyan of ten men in one room with a video or phone call in order to answer [[dvarim shebekedusha]].<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)], Rabbi Nacson in Laws of Praying Beyachid p. 4 based on Yalkut Yosef 5775 ed Yamim Noraim p. 17, Yabia Omer 1:19:18, Chazon Ovadia Purim p. 56</ref><br />
#It isn't considered a minyan for people to join together to daven on a video conference but it is still spiritually valuable.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)]. Rav Asher Weiss says that it is appropriate to fix a time for people to pray together remotely. Rav Asher adds it will help ascertain that prayer is done properly, on time and with concentration. Nonetheless, chazarat hashatz and devarim shebikdusha must be omitted. (Minchat Asher, Volume on coronavirus, Inyane Tefila section, Chapter 17, pages 45-46)</ref><br />
<br />
===Answering [[Amen]]===<br />
<br />
#Even if there is a time delay between the person reciting the bracha and the one answering it that wouldn't be considered an [[Amen Yetoma]].<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)], [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)], Rabbi Nacson in Laws of Praying Beyachid p. 4 based on Yalkut Yosef 5775 ed Yamim Noraim p. 17, Yabia Omer 1:19:18, Chazon Ovadia Purim p. 56, Rav Asher Weiss (teshuva "Aniyat Amen" Nissan 5780)</ref> <br />
# If there is a minyan in some place and someone hears on the phone or video a live stream some poskim allow them to answer [[kaddish]], [[kedusha]], and [[modim derabbanan]], though for kedusha they should intend that they are saying it as psukim.<ref>Rav Asher Weiss (teshuva "Aniyat Amen" Nissan 5780)</ref> <br />
<br />
===[[Megillah]]===<br />
<br />
#There is a major dispute if a person could fulfill their mitzvah of listening to the megillah on the phone or through watching a live streamed video. Some rabbanim advised this,<ref>Rav Schachter cited by [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)] and Rav Aviner agreed.</ref> while others hold that one can't fulfill one's mitzvah at all.<ref>Rav Dovid Feinstein cited by [http://podcast.headlinesbook.com/e/coronavirus-what-the-halacha-tells-us/ Rabbi Fink] and [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)]</ref> See this topic explained more fully here: [[Brachot_Through_a_Microphone]].<br />
<br />
==Netilat Yadayim==<br />
<br />
#If a person wants to wash his hands with soap and wash [[Netilat Yadayim for a meal]], one should first wash Netilat Yadyaim for the meal, dry the hands, recite the bracha, and then wash one's hands with soap and then recite the Hamotzei.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Willig (min 30-34)]</ref><br />
<br />
==Shabbat Davening==<br />
===Friday Night===<br />
<br />
#Although the reason for reciting Shalom Alechem on a Friday night is that the angels accompany you home from shul and you welcome them to your home, if one was unable to attend shul on a Friday night, he would still sing Shalom Alechem.<ref>[https://vimeo.com/399141271 Rabbi Moshe Heinemann] at around 28:30 in the name of Rav Moshe Feinstein, because Hashem will not punish you by not sending the angels when you weren't able to attend</ref><br />
<br />
===Davening for the Sick===<br />
<br />
#It is generally prohibited to daven on Shabbat for our needs or for the well-being of a sick person. However, if the person is in a state of mortal danger one may daven for his well-being on Shabbat.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951537/rabbi-hershel-schachter/piskei-corona-25-davening-for-the-sick/ Rav Schachter (Piskei Corona #25)]</ref> See [[Shabbat_Davenings#Personal_Requests]] for all of the details of this topic.<br />
<br />
===[[Kriyat Hatorah]]===<br />
<br />
#A person who is at home and can't be at shul should nonetheless read the parsha from a chumash between Shacharit and Mussaf as a way of remembering the concept of kriyat hatorah. He can use that reading as part of his reading of [[Shenayim Mikra Vechad Targum]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] quoting Rabbi Willig. [https://www.star-k.org/videos.php Rabbi Moshe Heinemann] around minutes 7-10 agrees that you should do so on Shabbat, but that it is not necessary on Monday and Thursday. </ref> Some think this doesn't accomplish anything.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950291/rabbi-hershel-schachter/piskei-corona-8-krias-hatorah/ Rav Schachter (Piskei Corona #8)]</ref><br />
#When the congregation misses a kriyat hatorah they can make it up by reading two parshiyot next week in Shul. However, if they miss multiple weeks there is a discussion if they should or could make up all of the parshiyot that they missed.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] based on Rama and Magen Avraham</ref><br />
#A person should not move a sefer torah out of a Shul for a home minyan.<ref>[https://drive.google.com/file/d/14IUOs2OOMhloqYwnbv3iKGrWS6GbYGId/view?usp=drivesdk Rabbi Yonatan Nacson in Laws of Praying Byachid (p. 10)] citing Rav Asher Weiss</ref> See [[Respecting_a_Sefer_Torah#Transporting_a_Sefer_Torah]] for more details.<br />
#There still is an obligation of [[Shenayim Mikra Vechad Targum]] when the there is no congregation doing the Kriyat Hatorah in shul.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950291/rabbi-hershel-schachter/piskei-corona-8-krias-hatorah/ Rav Schachter (Piskei Corona #8)</ref><br />
#One doesn't recite [[Baruch Shemey]] when praying by oneself since it is part of the activity of removing the Sefer Torah.<ref>Mishna Brurah 134:13</ref><br />
<br />
===Anim Zemirot===<br />
<br />
#A person davening alone doesn't have to recite Anim Zemirot.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951536/rabbi-hershel-schachter/piskei-corona-24-anim-zmiros-without-a-minyan/ Rav Schachter (Piskei Corona #24)] explains that anim zemirot was instituted only for a minyan, and according to Rav Soloveitchik was considered a [[dvar shebekedusha]].</ref><br />
<br />
==[[Hagomel]]==<br />
<br />
#A person who was quarantined and got out of quarantine doesn't recite Hagomel since they were in no danger.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
#A person needs to recite [[hagomel]] in front of a [[minyan]] of ten men. Some suggest that this can be recited before ten people listening on a video or phone call and can answer amen. Even though they aren't present, the minyan in this context is purely to publicize the idea so it is permissible.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)]</ref> Others disagree and as long as the minyan isn't in the same room one can not recite hagomel.<ref>Divrei Dovid 4:3</ref><br />
#According to Ashkenazim, if a person is ill with a sickness to the point that he is a choleh sheyesh bo sakana, a concern of mortal danger, he should recite Hagomel, but if he less sick than that there is no need to recite Hagomel.<ref>Rama 219:8, [http://nleresources.com/2020/03/rav-asher-weiss-coronavirus-in-halacha/#.XnoNOIjYrIU Rav Asher Weiss (March 15 2015, min 11)]</ref> Sephardic tradition is to recite Hagomel anytime someone was sick in bed such as with a flu or bad cold even for a short period of time.<ref>[https://itorah.com/global-search/birkat%20hagomel Rabbi Mansour ("Saying Birkat Hagomel Within 3 Days and Laws of Birkat Hagomel Following A Sickness")]</ref><br />
<br />
==[[Bedikat Chametz]] and [[Biur Chametz]]==<br />
<br />
#A person should do bedikat chametz after praying by oneself at Tzet Hakochavim and then immediately begin the bedika. They should not have a meal within a half hour of the bedika.<ref>[https://www.torahanytime.com/#/lectures?v=106099 Rav Shmuel Fuerst (min 1-5)],[https://www.yutorah.org/sidebar/lecture.cfm/950401/rabbi-dan-cohen-rabbi-meir-gavriel-elbaz/pesach-prep-simplified/ Rav Meir Elbaz (min 17-8)]</ref><br />
#Because one can't do a large communal Chametz burning because gatherings aren't safe and even doing it with a few people at a time can look to non-Jews as unsafe. Rather one should just do biur chametz with a Kezayit by flushing it down the toilet.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-3-Mar-26-2020.pdf Rav Herschel Schachter (teshuva Rosh Chodesh Nissan 5780)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]. [https://www.jpost.com/Israel-News/Chief-Rabbis-Dont-leave-home-to-burn-chametz-for-Passover-623072 Rav Yitzchak Yosef and Rav David Lau] said that one should not go outside to burn chametz or kasher pots.</ref><br />
#A person should sell chametz in the house or office if he left there before he had the chance to do a bedikat chametz. By selling the chametz there he is absolving himself of having to do bedikat chametz.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/950401/rabbi-dan-cohen-rabbi-meir-gavriel-elbaz/pesach-prep-simplified/ Rav Elbaz (min 26)], Rav Asher Weiss (Teleconference, March 29 2020 11am)</ref><br />
<br />
==Selling [[Chametz]]==<br />
<br />
#If a person doesn't usually [[sell chametz]] and is afraid that if he doesn't sell chametz one year he isn't going to have food afterwards he can sell his chametz. He wouldn't require a [[hatarat nedarim]].<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (min 20)], [https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 9-11)]. [http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-3-Mar-26-2020.pdf Rav Herschel Schachter (teshuva Rosh Chodesh Nissan 5780)] explained the reason why the hatarat nedarim isn't necessary. [https://vimeo.com/399141271 Rabbi Moshe Heinemann] at around 46:45 agrees that if there is a big loss one can be lenient and sell chametz and it would not require hatarat nedarim, although he isn't so sure that it would be a big loss to an individual.</ref><br />
#A person can sell his chametz on the phone or online and if possible a kinyan can be made virtually in order to appoint the rabbi to sell the chametz. The kinyan would take place as follows: the rabbi would ask if there's someone standing next to the one who wants to appoint the rabbi and if there is then that person can give a pen or a utensil to the one who wants to appoint the rabbi as his shaliach. This is considered a valid kinyan between the person standing there and the one who wants to appoint the rabbi on behalf of the rabbi to be appointed. If that isn't feasible it isn't necessary. Nonetheless, one could stipulate in the document that this appointment of the rabbi is done with the full knowledge of its legal ramifications and it is accepted completely.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-1-Mar-24-2020.pdf Rav Hershel Schachter (Teshuva dated 28 Adar 5780 p. 2)], Nefesh Harav p. 179, [https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (min 1-5)] explained that the minhag is to make a kinyan to appoint a someone to sell something for you. This is classically done with a handing of a handkerchief from the rabbi to the one selling chametz. However, when they call on the phone that isn't possible. The Steipler held in such a case it isn't necessary to be careful about that minhag and simply have the person orally declare that he appoints the rabbi. However, Rav Soloveitchik felt that we should try to fulfill the minhag in any event. How can it be fulfilled? One can have someone standing in the room next to the person on the phone give something to the person on the phone on behalf of the rabbi. That is an effective halachic kinyan on behalf of the rabbi (see Kiddushin 7a). [https://www.torahanytime.com/#/lectures?v=106099 Rav Shmuel Fuerst (min 10)] explained that one can appoint the rabbi to sell his chametz online. Rav Asher Weiss (Minchat Asher Corona p. 66) agrees. [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal] allowed appointing the rabbi online if he is a talmid chacham.</ref><br />
#There is no issue with the selling of Chametz even though the Chametz is in a locked building or in a place that isn't accessible to the non-Jew because of the coronavirus situation.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950290/rabbi-hershel-schachter/piskei-corona-10-chametz-sheeno-birshuso/ Rav Schachter (Piskei Corona #10)]</ref><br />
#Some poskim allow ordering chametz on Pesach if one is certain that it will only be delivered after pesach.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951179/rabbi-hershel-schachter/piskei-corona-17-ordering-chametz-from-a-non-jew-on-pesach-to-arrive-after-pesach/ Rav Schachter (Piskei Corona #17)] explains that it isn't considered rotzeh bkiyumo, wanting the chametz to continue to exist, to order the chametz since one doesn't insist on any particular box of chametz that the company provides. However, one certainly may not acquire it with a kinyan such as picking it up or moving it. Even if it is delivered into one's property if one has intention not to acquire it, one doesn't acquire it. Yet, one can't even protect it since doing so is an issue of rotzeh bkiyumo. [https://yeshiva-university.zoom.us/rec/play/usAsduuh-283HoLAtASDAPZ9W9S0eq2s0igX-_pez0jkW3EFZFr1M7QRa7Qf9B_vOGt5lyO0vcW9I1-0?startTime=1585760529000&_x_zm_rtaid=CQsocm3ZRaq6pGgFL5OMGQ.1585880286593.75ff95374a21dbfc2f0c45524d508e2a&_x_zm_rhtaid=674 Rav Willig (April 1 2020, min 0-2)] agreed in technical terms.</ref><br />
<br />
==Buying for Pesach==<br />
<br />
#If you have raw chicken or raw meat you don't have to worry that it is chametz even if it was processed in a place where there was chametz. You can simply wash it off to solve any question.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 11-15)]</ref><br />
#Sanitizing alcohol gel, such as Purell, isn't [[chametz]] since it isn't edible and can be used on Pesach.<Ref>Rav Asher Weiss (teshuva "Shimush Bpesach B'alchogel" Chol Hamoed Pesach 5780)</ref><br />
<br />
==Kitniyot==<br />
<br />
#Out of a concern of the coronavirus, this year some poskim permit taking vitamins which have additives of [[kitniyot]] in order to stay healthy and to strength one's immune system.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950289/rabbi-hershel-schachter/piskei-corona-7-kitniyos/ Rav Schachter (Piskei Corona #7)]</ref><br />
#Someone with Crohn's disease and needs to drink an enriched milk with kiniyot additives for his health can do so on Pesach. Also, he can do so within 6 hours after eating meat (see [[Waiting between Meat and Milk]]).<ref>[https://www.yutorah.org/lectures/lecture.cfm/950289/rabbi-hershel-schachter/piskei-corona-7-kitniyos/ Rav Schachter (Piskei Corona #7)]</ref><br />
<br />
==[[Kashering for Pesach]]==<br />
<br />
#Some poskim allow [[kashering a dishwasher]] for Pesach even though there are plastic and other materials in there that are questionable to kosher. One should wait 24 hours without using it and then use with just hot water and no soap. According to Ashkenazim this should be used to kosher it from Chametz but not from meat to parve or milk or vice versa.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-3-Mar-26-2020.pdf Rav Herschel Schachter (teshuva Rosh Chodesh Nissan 5780)]</ref><br />
#Some hold that one can kasher plastic, while others disagree. See on the [[Kashering_the_Kitchen_for_Pesach#Which_materials_can_be_kashered.3F]] page.<br />
<br />
==Pesach Davening==<br />
===Hallel Pesach Night===<br />
<br />
#There is a custom of Sephardic and some Ashkenazic communities to recite Hallel Pesach night in Shul. However, being that the current situation demands that a person needs to remain inside there is no way to fulfill this minhag and should not recite Hallel after davening. Rather one should only recite it at the Seder.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950285/rabbi-hershel-schachter/piskei-corona-9-hallel-on-pesach-night-and-tefillas-tal/ Rav Hershel Schachter (Piskei Corona #9)]</ref> Some Ashkenazic poskim would allow reciting a bracha.<ref>Rav Asher Weiss (Minchat Asher Corona p. 73-4) writes that a person who has the practice to recite the Hallel the night of the seder after davening can do so with a bracha even when davening individually.</ref><br />
#According to Sephardim, one should recite Hallel the night of the seder after davening with a bracha even though one is davening at home.<ref>Yachava Daat 5:34, Teshuva written by Rabbi Mordechai Lebhar author of Magen Avot (Erev Shabbat Hagadol 5780), Kaf Hachaim 487:38-42</ref><br />
<br />
===Shir Hashirim on Chol Hamoed===<br />
<br />
#Ashkenazim generally have the custom to read Shir Hashirim on Shabbat Chol Hamoed Pesach. This year since there is no minyanim available, when one davens at home individually, there is no obligation to read Shir Hashirim. One may do so but it isn't in fulfillment of the minhag.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950655/rabbi-hershel-schachter/piskei-corona-13-shir-hashirim-on-chol-hamoed-pesach/ Rav Schachter (Piskei Corona #13)]</ref><br />
<br />
===Tefillat HaTal===<br />
<br />
#One can recite the piyut for tal on Pesach was only instituted for a congregation, however if one wants to recite it one may do so.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950285/rabbi-hershel-schachter/piskei-corona-9-hallel-on-pesach-night-and-tefillas-tal/ Rav Schachter (Piskei Corona #9)]</ref><br />
#In Mussaf everyone should stop saying [[Mashiv Haruach Umorid Hageshem]] and instead recite Morid Hatal because one is davening individually and one may not change from the practice of saying Mashiv Haruach of the congregation until the Shaliach Tzibur has done so and this year there are no minyanim switching at mussaf. After Mussaf, starting with Mincha, one should follow their regular minhag if they usually recite Morid Hatal or not.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950285/rabbi-hershel-schachter/piskei-corona-9-hallel-on-pesach-night-and-tefillas-tal/ Rav Schachter (Piskei Corona #9)]</ref> See [[Mashiv_HaRuach_UMorid_HaGeshem#When_to_Stop_Morid_Hageshem_and_Start_Tal]] for the background.<br />
#For Sephardim, one may begin to recite Morid Hatal in Mussaf even though he praying individually and there is no minyan nearby.<ref>Kaf Hachaim 114:8 and Halacha Brurah v. 6 p. 145 rule that the primary halacha is that there's no prohibition to begin to start to say Morid Hatal before the Shaliach Tzibbur. It is only forbidden for an individual to begin Mashiv Haruach Umorid Hageshem before the congregation does. This is the approach of the Bet Yosef citing the Ran, Pri Chadash, and Maamar Mordechai, unlike the Raavad cited by the Tur 114:2. However, in a regular year, the Kaf Hachaim and Halacha Brurah recommend being strict for the Raavad to have the Shaliach Tzibur announce before the Mussaf that everyone should begin to say Morid Hatal.</ref><br />
<br />
==Machine Matza==<br />
<br />
#It is permitted under extenuating circumstances to use [[machine matza]] for the mitzvah of eating matzah on the seder night.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards beginning)]. This is acceptable for Sephardim as well even with a bracha as described by Rav Ovadia Yosef in Yachava Daat 1:14 and Chazon Ovadia (Pesach Hilchot Leil Haseder 5763 Edition p. 76). [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim] holds that one should really used hand baked matzah but if one can't acquire any then one can use machine matzah. [https://yeshiva-university.zoom.us/rec/play/uMB7I-D--j83ToDAtgSDUaJ7W9Xueqis0nRK-6FfmUm0VSMBZ1qjYLIbZbHenouY882eTH8fEnI5K7DA?startTime=1585587811000&_x_zm_rtaid=5PWyeRatQdGWZ2q1UH7K6w.1585657713810.05dafc99f0c11cb46ffb1a63ddd87e47&_x_zm_rhtaid=904 Rav Willig (min 2)] has a similar approach.</ref><br />
#Some say that there's no concern to have the hand baked matzot this year.<ref>Rav Asher Weiss (Teleconference March 22 2020, min 19) said that there's no concern to use the hand-baked matzot since they were baked earlier in the year. His personal minhag is to have only hand baked matzot. In terms of using machine matzah he felt that it is only a chumra not to use them even for the mitzvah of motzei matzah and one could use them if there's no other option.</ref><br />
<br />
==[[Eruv Tavshilin]] and [[Eruv Chatzerot]]==<br />
<br />
#A rabbi should establish an eruv tavshilin on behalf of his whole community. Even though usually he acquires it to another person who isn't a family member on behalf of the community, this year because of social distancing one can acquire it to one's wife. <ref>[https://www.yutorah.org/lectures/lecture.cfm/951181/rabbi-hershel-schachter/piskei-corona-19-eruv-tavshillin-and-eruv-chatzeiros-and-social-distancing/ Rav Schachter (Piskei Corona #19)]</ref><br />
#An eruv tavshilin works to allow cooking from Yom Tov to Shabbat even though it isn't possible to have guests in most cases.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951181/rabbi-hershel-schachter/piskei-corona-19-eruv-tavshillin-and-eruv-chatzeiros-and-social-distancing/ Rav Schachter (Piskei Corona #19)] explained that usually we use the concept of ''hoil'', since guests might arrive who can eat the food one cooked, to permit cooking from one day of Yom Tov to Shabbat. However, this year that seems not to be applicable. Rav Schachter explained based on the Maharam Chalavah that ''hoil'' doesn't necessitate that one actually have guests or even have the ability to have guests, it is rather a halachic principle since objectively it is possible to have guests the eruv is effective.</ref><br />
#The communal eruv chatzerot continues to be effective even though the communal box of matzah's might not be accessible.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951181/rabbi-hershel-schachter/piskei-corona-19-eruv-tavshillin-and-eruv-chatzeiros-and-social-distancing/ Rav Schachter (Piskei Corona #19)] explained that since theoretically it is possible to get the box alone for a few minutes it isn't completely inaccessible (see Har Tzvi OC 2:16).</ref><br />
#It is permissible to wear a surgical mask on Shabbat outside and it isn't [[carrying]] as long as it is fastened well and won't fall off.<ref>[https://itorah.com/daily-halacha/lecture/may-one-wear-a-surgical-mask-on-shabbat-in-a-public-domain/3803 Rabbi Mansour]</ref><br />
<br />
==Birchat Ha'ilanot==<br />
<br />
#One can recite birkat hailanot from indoors if one can see the trees but one may not recite them by seeing the trees on a video.<ref>Ateret Paz p. 154-6</ref> See the [[Birchat HaIlanot]] for more details and sources.<br />
<br />
==[[Tanit Bechorot]]==<br />
<br />
#A person should try to finish a short masecheta to make his own siyum.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-1-Mar-24-2020.pdf Rav Hershel Schachter (Teshuva dated 28 Adar 5780 p. 2)], [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref> Some say that learning one masechta with Bartenura is sufficient.<ref>[https://itorah.com/daily-halacha/lecture/ta-anit-bechorot-during-the-coronavirus-pandemic/3802 Rabbi Mansour], [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref><br />
#Many poskim say that he can rely on a siyum over the phone or video livestream.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-1-Mar-24-2020.pdf Rav Hershel Schachter (Teshuva dated 28 Adar 5780 p. 2)]. [https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards beginning)]. [https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 1-4)] explained that Rav Schachter and Rav Shlomo Zalman Auerbach hold that it is enough to listen and join with the siyum over the phone or video call. However, other poskim don't like this leniency. Rav Asher Weiss (Teleconference March 22 2020, min 7) agreed that one can be yotzei with a siyum over the phone or video for the tanit bechorot. [https://www.torahanytime.com/#/lectures?v=106099 Rav Shmuel Fuerst (min 6)] agreed that this year you can be yotzei the siyum over the phone since it is an extenuating circumstance. [https://youtu.be/Yo6IJi2V-bw Rav Avigdor Nevinsal] agreed that you can be part of a siyum over the phone and the meal one has afterwards is a seudat mitzvah. [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim] holds that it is better to make a siyum oneself even on a tractate of mishna but if that's not possible one can listen on the phone.</ref><br />
#Some say that in the event one can't make one's own siyum or even hear someone else's, one doesn't need to fast this year in order to maintain strength in this time of a health crisis.<ref>[https://itorah.com/daily-halacha/lecture/ta-anit-bechorot-during-the-coronavirus-pandemic/3802 Rabbi Mansour]</ref><br />
<br />
==Birkat Halevana==<br />
<br />
#Ideally one should recite birkat halevana outdoors.<ref>Rama 426:4</ref> If one can not do so one can recite Birkat Halevana from inside but initially one should open the window.<ref>Pri Megadim M"Z 426:4, Mishna Brurah 426:21</ref> See the [[Birkat HaLevana]] page.<br />
<br />
==Chol Hamoed==<br />
<br />
#One can't buy stocks or sell them on Chol Hamoed, however, if not selling them could lead to a loss of one's original capital that one invested one can sell it.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref><br />
<br />
See [[Chol Hamoed]] for many details.<br />
<br />
==Using Zoom for the Seder==<br />
<br />
#Although a minority of rabbis allow using Zoom for this emergency situation in a very extenuating circumstance where an elderly single person is alone for the seder away from family because of the quarantines to use technology to leave a video conference going for Yom Tov to join with a family seder,<ref>[http://www.israelnationalnews.com/News/News.aspx/277764 Rabbi Eliyahu Abergel and other rabbis]</ref> most rabbis consider this to be a breach of halacha.<ref>Rav Asher Weiss (Teleconference March 22 2020 11am, min 39; teshuva in Minchat Asher Corona pp. 75-6), [http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-2-Mar-25-2020.pdf Rav Herschel Schachter (teshuva Adar 29 5780)], [https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 20-22)], [https://www.inn.co.il/News/News.aspx/432065 Rav Yosef Tzvi Rimon]. Rav Willig's held that it is absolutely forbidden and it is a tremendous zilzul Shabbat besides questions of others prohibitions of Shabbat.</ref> There is a discussion if the firstgroup of rabbis retracted.<ref>[https://vosizneias.com/2020/03/24/the-heter-for-zoom-at-the-seder-is-incorrect-and-should-be-retracted/ Rabbi Yair Hoffman] describes how 3 of the original signers of the lenient ruling would only permit under life and death needs and not in general. However, [https://www.jpost.com/israel-news/zoom-passover-seder-rabbis-hit-back-at-critics-622494 another article] describes how some of the original rabbis who were lenient confirmed their opinions.</ref><br />
#It is suggested to perform a pre-pesach zoom seder for people who you can't invite to your seder in order to share divrei torah, songs, and the experience of the seder before Yom Tov.<ref>[https://www.inn.co.il/News/News.aspx/432065 Rav Yosef Tzvi Rimon]</ref><br />
#For someone who is clinically depressed to the point that there is a concern of suicide or just losing one's mind it is permitted to use a phone to call him to cheer him up and check on him. However, if there's a way to check the patient before Pesach one should do so.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-2-Mar-25-2020.pdf Rav Herschel Schachter (teshuva Adar 29 5780)]. [https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Willig (min 24)] agrees that we violate Shabbat for someone who is suicidal but they can use the phone.</ref> A person should check with his rabbi in each case.<br />
#A person should recite Ha lachma anya this year as one would any other year, even though that phrase is a call for inviting guests and this year that is impossible.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951299/rabbi-hershel-schachter/piskei-corona-21-can-we-say-kol-dichfin-this-year-/ Rav Schachter (Piskei Corona #21)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
<br />
==[[Sefirat Haomer]]==<br />
<br />
#If someone couldn't get a hair cut because the barbers were all closed before Pesach, then if one reached the point when it very noticeably long and people would tell him to get a haircut he can take a haircut during [[Sefira]]. Today it can be estimated that if it has been more than 2 months since his last haircut he can take a haircut during the Sefira.<ref>https://www.yutorah.org/lectures/lecture.cfm/950659/rabbi-hershel-schachter/piskei-corona-16-haircuts-on-chol-hamoed-and-sefira/ Rav Schachter (Piskei Corona #16)</ref><br />
<br />
==Mikveh==<br />
<br />
#Each community rabbi needs to decide these sort of questions however in theory it is possible for the Mikva to remain open and allow women who aren't having symptoms or aren't quarantined to go to Mikva. They should be extra careful about hygiene and prepare completely at home, go to the Mikva where there is no contact with anyone besides a brief contact with the water which has chemicals for cleanliness. Then upon returning home there are poskim who allow the woman to take a shower when she gets home to clean herself off.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/950654/rabbi-hershel-schachter/piskei-corona-12-showering-after-the-mikvah/ Rav Hershel Schachter (Piskei Corona #12)], [https://www.torahanytime.com/#/lectures?v=105574 Rabbi Shay Tahan]. Rav Asher Weiss (March 29 2020) said it is obviously permitted to overlook the chumra of not showering when the woman returns from mikveh at these times.</ref><br />
#On Shabbat, if a woman goes to mikveh she can not take a hot shower when she gets back since turning on the hot water is causing cold water to enter the boiler and cook. Rather she should either decide to take a completely cold shower or delay the mikveh until Motzei Shabbat. She should also not decide not to take a shower at all because one shouldn't do something unsafe when there's an option to delay going to mikveh.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951538/rabbi-hershel-schachter/piskei-corona-26-showering-when-returning-home-from-the-hospital-or-the-mikvah-on-shabbos-or-yom-tov/ Rav Schachter (Piskei Corona #26)]</ref><br />
#On Yom Tov, according to those who are lenient to permit [[showering on Yom Tov]], when a woman returns from the mikveh should do so. Rav Schachter's opinion is that it is only permitted to take a shower on Yom Tov with water that is just hot enough to remove the chill from the water (less than lukewarm). If she decides she doesn't want to take such a shower, she should delay going to mikveh until after Yom Tov.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951538/rabbi-hershel-schachter/piskei-corona-26-showering-when-returning-home-from-the-hospital-or-the-mikvah-on-shabbos-or-yom-tov/ Rav Schachter (Piskei Corona #26)]</ref><br />
#The OU has established [https://www.ou.org/covid-19-and-the-mikvah-recommended-protocols/?utm_source=SilverpopMailing&utm_medium=email&utm_campaign=Mikvah%20Guidance%20(1)&utm_content=&spMailingID=32100310&spUserID=MTM2NTc0Mjg0NTYwS0&spJobID=1683098314&spReportId=MTY4MzA5ODMxNAS2 health guidelines] in order to allow a mikveh to remain open.<br />
#The RCBC also stated that Mikva's are remaining open for the time.<ref>[https://www.theyeshivaworld.com/news/featured/1839350/no-shul-yeshivas-shabbos-guests-levayos-shiva-vaad-harabanim-of-bergen-county-releases-letter.html RCBC letter on yeshivaworld.com]</ref><br />
#The men's mikveh's should be closed at this time. Even if a person is careful to go to mikveh each day he can fulfill this custom by taking a 5 minute shower.<ref>Rav Asher Weiss (Teleconference March 22 2020, min 12)</ref> See [[Preparations_for_Davening#Going_to_Mikveh]] for details.<br />
<br />
==Tevilat Kelim==<br />
<br />
#Each community should decide whether or not close the kli mikveh out of a safety concern. You can do the [[tevilat kelim]] in the ocean.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 5-9)], [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref><br />
#Alternatively, one can use tevilat kelim in the mikvah while wearing gloves, then throw out the gloves, wash off the kelim with soap and water. If the community has other procedures for safety one should observe them.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 5-9)], [https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 3-4)]</ref><br />
#As a last resort one can avoid tevilat kelim by giving the pots to a non-Jew and borrowing them back. One can rely on this until the virus passes.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 5-9)], [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]. [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal] said that one could rely upon this if there was no other option. [https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 14-16)] allows selling the kelim to a non-Jew. Rav Yosef Tzvi Rimon (teshuva dated Nisan 1 5780) recommended this.</ref> If one can't sell or gift the pots to a non-Jew oneself one can do so online through [https://nirshamti.co.il/e-%D7%98%D7%91%D7%99%D7%9C%D7%94/ Zomet].<br />
#Another option is for a person to declare the pots that need tevilat kelim to be ownerless (hefker) in front of 3 Jews. One has to have full intent that the pots are ownerless and if someone took them one would have no claim upon them. If these Jews can't be there in person it is sufficient if they are present through social media technology but they should be people who live in the neighborhood. They should then leave the pots outside their house for a few minutes so that if someone wanted to take them they could. <ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-1-Mar-24-2020.pdf Rav Hershel Schachter (Teshuva dated 28 Adar 5780 p. 1)], [https://itorah.com/daily-halacha/lecture/if-one-has-new-utensils-which-he-is-unable-to-immerse/3801 Rabbi Mansour]</ref> Others disagree.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 5-12)] said that one shouldn't use the solution to make the pots hefker since you're using the kelim. See Sefer Tevilat Kelim p. 84 based on Maharil Diskin. See S"A Harav 445:1 that hefker that isn't meaningful since you plan to reacquire it isn't a solution. However, Rav Elyashiv and Rav Soloveitchik allowed it in extenuating circumstances. Rav Asher Weiss (Minchat Asher Corona p. 72) writes that one should avoid using new pots and relying on this leniency to mafkir but in an extenuating circumstance one can rely on it.</ref><br />
#If there's are no solutions, some poskim would allow using the pots without tevilat kelim in this extenuating circumstance.<ref>Rav Asher Weiss (Teleconference, March 22 2020 11am), Rav Yosef Tzvi Rimon (Teshuva dated Nisan 1 5780)</ref><br />
#Regarding a seder plate and kos shel eliyahu requiring tevilah, see [[Tevilat Kelim]] page.<br />
<br />
==[[Brit Milah]]==<br />
<br />
#A Brit Milah can be done without a minyan since gatherings aren't safe.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
#A grandfather or someone else involved in a brit milah via zoom can recite the naming of the baby but he should not recite the bracha of asher kidash yadid mbeten.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951300/rabbi-hershel-schachter/piskei-corona-22-participating-in-a-simcha-via-zoom/ Rav Schachter (Piskei Corona #22)]</ref><br />
<br />
==Naming a Girl==<br />
<br />
#Although normally we try to name a baby girl at an aliya to the Torah, a person doesn't need a minyan in order to name a girl and under the circumstances should do so without delay.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Neventzal], [https://www.yutorah.org/lectures/lecture.cfm/950292/rabbi-hershel-schachter/piskei-corona-11-krias-shem-for-a-baby-girl/ Rav Schachter (Piskei Corona Teshuva #11)], [https://vimeo.com/399141271 Rabbi Moshe Heinemann] at about 16:45</ref><br />
<br />
==Bar Mitzvah's==<br />
<br />
#[https://www.torahanytime.com/#/lectures?v=105558 A message for Bar Mitzvah Boys in the Lockdown by Rabbi Pesach Krohn]<br />
#A bar mitzvah boy who missed the opportunity to read his parsha in shul when he became bar mitzvah'ed when it is next possible to go to shul he can add his parsha as a hosafa and read it then. Additionally, the haftorah can follow that hosafa.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards end)]</ref><br />
#The father of a Bar Mitzvah boy who couldn't layn should wait until he can do something that shows he's Bar Mitzvah like layn or daven as Shaliach Tzibbur to make such a bracha.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
<br />
==Weddings==<br />
<br />
#Ideally a wedding shouldn't be pushed off if both parties are ready even though it means having a tiny wedding.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal], [https://www.kimizion.org/maamar/5780_5784/keter.pdf (Keter Yitanu Lecha p. 38)]</ref><br />
#A rabbi should not officiate at a wedding that isn't abiding by the CDC guidelines of health because he is furthering unsafe practices.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards beginning)]</ref><br />
#It has been asked whether or not the poskim are more lenient this year regarding weddings during [[Sefira]] but the answer is that it is not determined because the situation is still unclear.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref> Some are lenient but it is best to schedule for [[Rosh Chodesh]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref><br />
#If in this dire situation it isn't possible to have a minyan, it is possible to have a wedding nonetheless without [[Sheva Brachot]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/951180/rabbi-hershel-schachter/piskei-corona-18-getting-married-with-less-than-10-men-present/ Rav Schachter (Piskei Corona #18)] explained that although it isn't possible to recite Sheva Brachot and seemingly they forbid the couple to each other without Sheva Brachot in this extenuating circumstance one can rely upon the opinion that the wedding is valid and they are permitted even without Sheva Brachot (see Nodeh Beyehuda EH 1:56). For birkat erusin certainly having a minyan isn't critical (Shulchan Aruch E.H. 34:4) although it is preferable and in this circumstance unnecessary. From Bet Shmuel 64:4 it appears to be a dispute between the Shulchan Aruch and Rama whether one is allowed to have a wedding at all if it is extremely difficult to get a minyan, the Rama being lenient. </ref><br />
#A minyan for [[sheva brachot]] can not be created via Zoom. Additionally, one can't recite a bracha of sheva brachot for the couple via Zoom.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951300/rabbi-hershel-schachter/piskei-corona-22-participating-in-a-simcha-via-zoom/ Rav Schachter (Piskei Corona #22)]</ref><br />
<br />
==[[Fast Days]]==<br />
<br />
#If the rabbis declare a half fast day until [[Chatzot]] according to Ashkenazim an individual can recite [[Anenu]] in Mincha Shemona Esrei<ref>Rama 562:1 writes that Ashkenazim hold that even for an incomplete fast one can recite anenu. Mishna Brurhah 562:48 references this Rama in discussing a fast that was accepted to fast until chatzot. The Mishna Brurah 562:7 cites a debate as to whether one should omit the words צום תעניתנו while reciting עננו in such a scenario as many poskim argue that a half fast is not considered a fast and therefore one would not want to risk speak falsely, particularly when he is speaking to Hashem.<br />
<br />
*[https://www.theyeshivaworld.com/news/israel-news/1841977/hagaon-harav-chaim-kanievsky-calls-to-fast-for-half-a-day-on-erev-rosh-chodesh.html Rav Chaim Kanievsky] declared a half fast on Erev Rosh Chodesh Nissan 5780.</ref> assuming he is still fasting when he prays Mincha.<ref>Mishna Brurah 562:6</ref> According to Sephardim one can only recite anenu if one fasts the entire day.<ref>Shulchan Aruch 562:10-11 holds that a incomplete fast is not considered a fast with respect to saying anenu. Therefore if one only fasts until chatzot one should not recite anenu.</ref><br />
#A person should accept the fast from the day before, as is traditionally done at mincha time. If one didn't do so, according to Sephardim one shouldn't recite anenu, but according to Ashkenazim one can recite anenu.<ref>Shulchan Aruch and Rama 562:5</ref><br />
<br />
==Mezuzah==<br />
<br />
#A person should not kiss any mezuzah, or any siddur or chumash of a shul or a public area at this time because of concern of spreading COVID19.<ref>[https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)], [https://www.jpost.com/israel-news/chief-rabbi-of-israel-due-to-coronavirus-stop-kissing-the-mezuzah-619753 Chief Rabbi Rabbi David Lau]</ref><br />
<br />
==Shalom Bayit==<br />
<br />
#It is critical to be mindful of other people when everyone is under stress and no one is completely comfortable. [https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Dr. Pelcovitz] discusses the implications quarantine can have Shalom Bayit.<br />
#It is forbidden for a couple to have [[tashmish]] at a night of famine<ref>Gemara Tanit 11a, Shulchan Aruch O.C. 240:12</ref> since everyone is in distress it is incumbent on everyone to take upon himself an aspect of distress.<ref>Mishna Brurah 574:9</ref> The same is true for any time of societal distresses.<ref>Rama 240:12 based on Yerushalmi Tanit. Olot Tamid 240:6 (cited by Kaf Hachaim 240:85) understands the Rama to apply to any type of tragedy that we would declare a fast over.</ref> Others disagree.<ref>Shaarei Knesset Hagedola (Hagahot Tur 240:5) writes that tashmish is only forbidden during a famine, plague of the crops, locusts and the like which cause a famine but not for other tragedies or troubles. Kaf Hachaim 240:85 rules like the Shaarei Knesset Hagedola either because that is the explanation of the Yerushalmi or we don't follow the Yerushalmi.</ref><br />
#It is permitted to have tashmish on mikvah night.<ref>Shulchan Aruch O.C. 574:11 writes that it is permitted for a couple to have tashish on mikva night. Mishna Brurah 574:11 cites the Magen Avraham who argues with Shulchan Aruch but then he cites the Bigdei Yesha and Nahar Shalom who are lenient and there's what to rely on to follow Shulchan Aruch. Mishna Brurah concludes that certainly one can be lenient at a time when it isn't a famine and it is just another time of distress in the world.</ref><br />
#It is permitted to have tashmish for a couple who didn't yet fulfill [[pru urevu]].<ref>Shulchan Aruch O.C. 240:12, 574:4, Mishna Brurah 240:47</ref> Once his wife is pregnant this leniency doesn't apply.<ref>Mishna Brurah 574:12</ref><br />
#If he has a strong yetzer hara and there is a concern of [[hashchatat zera]] it is permitted.<ref>Mishna Brurah 240:46</ref><br />
#There is what to rely upon to have tashmish at a time of war and there is no midat chasidut to be strict, especially for young couples even for someone who fulfilled pru urevu.<ref>Tzitz Eliezer 13:21</ref><br />
#During the time then the plague of corona virus is rampant in the world there is a lot to rely upon to have tashmish. Someone who wants to be strict can do so.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949166/rabbi-ally-ehrman/is-tashmish-hamitta-permitted-during-the-coronavirus-pandemic-/ Rabbi Ehrman on yutorah]. Rav Asher Weiss (Zoom Conference, March 22 2020, 11am, min 15) was lenient he said that the situation presently isn't one that rises to the level where we need to declare a fast. Also, since domestic violence recently has been on the rise because of the quarantines one shouldn't be strict in this area. </ref><br />
<br />
==Laid off Workers and Cancelled Contracts Because of Corona==<br />
<br />
#If there's a employee that is unable to work because of a societal or national crisis the employees should continue to be paid by the employers according to many opinions or at least they should make a compromise.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949287/rabbi-michoel-zylberman/coronavirus-and-laid-off-employees/ Rabbi Zylberman on yutorah]. Mordechai b"m 343 writes that if there's a decree in the town that the teachers can't teach the teachers should still be paid. Rama C.M. 321:1 cites this Mordechai and applies it to any worker in 334:1. The Sama 334:2 argues with the Mordechai and holds that since the employee can't work and both aren't at fault and both couldn't foresee this the employer is exempt. Netivot 334:1 limits the idea of the Mordechai to a teacher and not other employers since a teacher is paid for sachar betela (see [[Laws_of_Learning_Torah#Taking_Money_for_Learning_and_Teaching_Torah]]). Shach 334 holds that this opinion of the Mordechai only applies if majority of the town ran away because of a crisis but if only a minority runs away then the employee isn't entitled to payment. Aruch Hashulchan 334:10 has another approach. If the situation prevents the worker from working then he is entitled to pay but if he runs away then he isn't. Rabbi Zylberman explained from Mishpat Poalim we think that this is a case of Hamotzei Mchavero Alav Harayah, whoever is holding onto the money can claim that he is exempt from paying or returning the money. Rav Asher Weiss in Minchat Asher 2:106 says that they should make a compromise, and Rav Bleich ([https://www.sefaria.org/Contemporary_Halakhic_Problems%2C_Vol_IV%2C_Chapter_XIV_The_Intifada_and_the_Gulf_War.35?lang=bi&with=all&lang2=en Contemporary Halachic Problems v. 4]) thinks that we follow the Rama. Once the Chatom Sofer had a case in his town and he felt that they should pay but he couldn't force everyone to pay it so he told them to pay half. Rav Yona Reiss had a case where they made a compromise. <br />
<br />
*Rav Asher Weiss (Zoom Conference, March 22 2020, 11am, min 21-25) thought that one should compromise and give the workers who aren't working 30% of their pay. This applies Jewish and non-Jewish workers. This is based on the Rama and Sama CM 221. As for the day schools and daycares that are closed and not providing services one theoretically should be exempt. Since it might be devastating to the schools one needs to wait until the government makes a decision. Either way, we should wait until there is a major decision from the government or authorities and follow that. Until then for the schools we should pay so that the teachers can have a salary for their [[parnasa]].</ref><br />
#This applies to contractors for cancelled events as well.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949287/rabbi-michoel-zylberman/coronavirus-and-laid-off-employees/ Rabbi Zylberman on yutorah]</ref><br />
#If someone rented out an apartment to someone and then he wants to retract because of a concern that the potential tenants have the virus, some say that it is forbidden to back out of the contract.<ref>[http://kol-barama.co.il/item/%D7%A4%D7%99%D7%A7%D7%95%D7%97-%D7%A0%D7%A4%D7%A9-%D7%A7%D7%95%D7%A8%D7%95%D7%A0%D7%94-%D7%A2%D7%A4%D7%99-%D7%94%D7%94%D7%9C%D7%9B%D7%94/ Rav Yakov Sinai] based on Rama in teshuva, Shach CM 312 and other sources</ref> The same is true of a hotel or pesach program that was cancelled.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951789/rabbi-hershel-schachter/piskei-corona-27-the-importance-of-tzedaka-and-chesed/ Rav Schachter (Piskei Corona #27)] writes that it is important to reach a peshara, compromise, with respect to the question of how much a person should be paid in return for the pesach programs that were cancelled.</ref><br />
<br />
==Yeshiva Tuition==<br />
See previous section about the background for this question.<br />
<br />
#Even though the question of whether a person should pay tuition while it is closed is subject to debate a person should make sure to pay in full as the yeshivot do not have enough money and it is critical to give tzedaka at this time, which is a great merit to protect oneself from any danger.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951789/rabbi-hershel-schachter/piskei-corona-27-the-importance-of-tzedaka-and-chesed/ Rav Schachter (Piskei Corona #27)</ref><br />
<br />
==[[Bikur Cholim]]==<br />
<br />
#A person doesn't have to and shouldn't visit someone who has a virus that contagious such as corona.<ref>[http://kol-barama.co.il/item/%D7%A4%D7%99%D7%A7%D7%95%D7%97-%D7%A0%D7%A4%D7%A9-%D7%A7%D7%95%D7%A8%D7%95%D7%A0%D7%94-%D7%A2%D7%A4%D7%99-%D7%94%D7%94%D7%9C%D7%9B%D7%94/ Rav Yakov Sinai (min 3)] explains that although the Rama in a teshuva and Knesset Hagedola hold that one should visit the sick even if they have a contagious disease, the Shulchan Gavoha and others disagree and that is the halacha.</ref><br />
#A person fulfills the mitzvah of bikur cholim on the phone according to many poskim.<ref>[https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Shlomo Aviner (Keter Yitnu Lecha p. 34)] citing Igrot Moshe YD 1:223 and Tzitz Eliezer 8:5. Rav Aviner added that the main idea of bikur cholim is to do what is best for the patient and in our context that is to call.</ref><br />
#Someone who is praying for a mortally ill patient to get better and doesn't know if he is still alive should pray for his well-being and not specifically for him to get better.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951537/rabbi-hershel-schachter/piskei-corona-25-davening-for-the-sick/ Rav Schachter (Piskei Corona #25)]</ref><br />
<br />
==Burial and Mourning==<br />
===Burial===<br />
<br />
#Each place should follow the guidelines that are in place for safety. If a minyan isn't possible, then the next thing that is to try to have is Jews doing the burial. If they don't even let that, then afterwards a Jew should check that the burial by the non-Jews was done properly in the ground.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 26-8)]. [https://www.yutorah.org/sidebar/lecture.cfm/951298/rabbi-hershel-schachter/piskei-corona-20-tahara-for-meisim/ Rav Schachter (Piskei Corona #20)] said that they should specifically have as few people as possible for the burial and maybe just the workers and that too fulfills the mitzvah of burial.</ref> It is forbidden to cremate and it is still considered not dangerous to properly do a burial with no tahara and minimal involvement of the fewest people or simply the cemetery workers.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951298/rabbi-hershel-schachter/piskei-corona-20-tahara-for-meisim/ Rav Schachter (Piskei Corona #20)]</ref><br />
#At this time the chevra kadisha should not perform a tahara for the deceased since it could lead to danger.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951298/rabbi-hershel-schachter/piskei-corona-20-tahara-for-meisim/ Rav Schachter (Piskei Corona #20)]</ref><br />
#A person who was buried in America because of the corona virus but was planned to be buried in Israel can later when the virus isn't an issue be reburied in Israel, even though generally we don't rebury someone who was buried.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)]</ref> See the topic of [[Laws_and_Customs_of_a_Funeral#Under_What_Circumstances_is_it_Permitted_to_Move_Someone_Buried.3F|reburying a corpse]] in general.<br />
#Regarding burials on Yom Tov and Yom Tov Sheni, see [https://www.yutorah.org/lectures/lecture.cfm/951790/rabbi-hershel-schachter/piskei-corona-28-guidelines-for-burial-on-shabbos-and-yom-tov/ Rav Schachter's Guidlines for burial on Shabbat and Yom Tov]<br />
<br />
===Kriyah===<br />
<br />
#The rabbi could do the [[Kriyah]] for the mourner with gloves and a mask or he can simply tell the mourner to do it.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Willig (min 29)]</ref><br />
<br />
===Avelut===<br />
<br />
#A person who is no going to be involved in the burial anymore because the deceased was given to the chevra kaddisha then he is not considered an [[Onen]] anymore and should begin [[Avelut]] (mourning). However, if he is going to call relatives to tell them about the levaya then he is still an [[Onen]].<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)]</ref>. If he is going to watch the burial with Zoom or listen on the phone it is unclear if he is still an Onen.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)] isn't certain if a person involved in the burial merely because he is watching via Zoom is still considered an Onen. [https://www.yutorah.org/sidebar/lecture.cfm/839779/rabbi-asher-bush/%d7%94%d7%aa%d7%97%d7%9c%d7%aa-%d7%90%d7%91%d7%99%d7%9c%d7%95%d7%aa-%d7%9c%d7%9e%d7%99-%d7%a9%d7%90%d7%99%d7%a0%d7%95-%d7%a0%d7%9e%d7%a6%d7%90-%d7%91%d7%a7%d7%91%d7%95%d7%a8%d7%aa-%d7%90%d7%91%d7%99%d7%95-%d7%95%d7%9e%d7%a9%d7%aa%d7%aa%d7%a3-%d7%a2-%d7%99-%d7%94%d7%98%d7%9c%d7%a4%d7%95%d7%9f/ Rav Asher Bush] wrote based on MPeninei Harav p. 202 that he considers someone phoning into a burial to not be an Onen unless they're going to ask him questions about the burial.</ref><br />
#On [[Erev Pesach]] if someone is buried before [[Chatzot]] (midday) the relatives should observe [[Avelut]] (mourning) before Chatzot and then at Chatzot it is considered like a Yom Tov and the rest of the [[Shiva]] is cancelled. If the person is buried after [[Chatzot]] they should observe Avelut before Yom Tov and then the Yom Tov will come and cancel the rest of [[Shiva]].<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)]</ref><br />
#A mourner shouldn't eat his first meal after the burial, the [[Seudat Havrah]], from his own food; other should provide that food. If at this time when people are concerned for COVID19 and might not send food, if the mourner knows that he isn't going to be sent food, he can eat the first meal from his own food.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)]</ref><br />
<br />
===Kaddish and Iyluy Neshama===<br />
<br />
#Under the circumstances a person can not recite the kaddish because minyanim aren't available. Therefore, a person should take upon himself to learn mishnayot for the deceased.<ref>Rav Asher Weiss (Minchat Asher Corona pp. 58-9)</ref><br />
<br />
See [[Practices_in_the_Mourner%27s_House#Iyluy_Neshama]] and [[Kaddish]] pages.<br />
<br />
==[[Kibbud Av Vem]]==<br />
<br />
#If one's parents ask him to do something which the department of health has deemed unsafe a person should not listen to his parents in such a case and that isn't a breach of Kibbud Av Vem.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-2-Mar-25-2020.pdf Rav Schachter (Teshuva Adar 29 5780)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
<br />
==Violating Shabbat for [[Pikuach Nefesh]]==<br />
'''On Shabbat or Yom Tov, if anyone has any concern whatsoever that they are in serious danger because of deteriorating health, they should immediately call a doctor or [[Going_to_and_Staying_in_the_Hospital_on_Shabbat|go to the hospital]].'''<br />
<br />
#It is a well established halacha that it is not only permitted but even a mitzvah to violate [[Shabbat]] in order to safe a life or to remove a situation that presents even a slight chance of danger.<ref>Shulchan Aruch O.C. 328:13</ref> The question is how to define the threshold of danger.<ref>[http://nleresources.com/2020/03/rav-asher-weiss-coronavirus-in-halacha/#.XnoNOIjYrIU Rav Asher Weiss (March 15 2020, min 18-22) to Beit Midrash Gavoha] explained that the definition of danger in order to violate Shabbat isn't defined by statistics. For vaccinations we assume that it is a sakana not to vaccinate even though the odds of dying because of the measles is low. Since it is preventable it is incumbent upon us to vaccinate. He concludes that as long as it is a natural phenomenon and there is an action that we can do to prevent deaths we must do so.</ref><br />
#In certain cases of emergency regarding corona virus it would be allowed to violate Shabbat.<ref>[https://www.theyeshivaworld.com/news/headlines-breaking-stories/1841156/harav-zilberstein-answer-telephone-on-shabbos-if-awaiting-results-of-coronavirus-test.html Rav Zilberstein] allowed a patient to answer the phone on Shabbat with a [[shinuy]] only to hear the results of a test and answer questions for epidemiological investigation. If the test results that show that a patient has the virus are produced on Shabbat it is incumbent for the health department to deal with the quarantine then and it is permitted to answer the phone for that.</ref> Obviously every single case is different and one should learn the laws of Pikuach Nefesh from a rabbi in advance.<br />
#If a person is discharged from the hospital on Shabbat and they need him to leave because of the lack of space that they have because of the numbers of people who are ill, his family member can drive to get him. They should do a [[Shinuy]] when turning on the car like turning the key with one's weaker hand, or pressing the button on the key with one's knuckle. Also, when turning off the car one should use a Shinuy.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950282/rabbi-hershel-schachter/piskei-corona-6-pikuach-nefesh-on-shabbos/ Rav Schachter (Piskei Corona #6)]</ref> However, a similar question regarding a nurse returning from the hospital on Shabbat some poskim say that she may not drive herself but rather should take a non-Jewish cab and just be careful when in and after leaving the taxi.<ref>Rav Asher Weiss (teshuva "Nesiyat Achot" Nissan 5780) was uncomfortable permitting driving oneself home from the hospital on Shabbat even if it was for an emergency since it is a large dispute between Rav Moshe and Rav Shlomo Zalman. Rather he said that one should take a cab with a non-Jewish driver. Even though at this time when people are concerned about getting the virus from going in a cab, he still felt that it isn't considered pikuach nefesh and one shouldn't still drive oneself. Rather one should take the cab but very careful.</ref><br />
#If a relative is in the hospital and the family members would call the hospital that would indicate to the doctors and nurses that the family cares and the patient will receive better treatment, it is permissible to do so on Shabbat or Yom Tov.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951791/rabbi-hershel-schachter/piskei-corona-29-calling-the-hospital-on-shabbos-or-yom-tov-to-advocate-for-relatives/ Rav Schachter (Piskei Corona #29)]. [https://www.theyeshivaworld.com/news/featured/1848379/important-message-from-flatbush-hatzolah-about-family-members-in-hospitals.html Flatbush Hatzolah] announced the same thing but they said that the calling and hanging up should be done with a shinuy.</ref><br />
<br />
==Doctors Working in the Hospital==<br />
<br />
#Regarding the larger issue of halachic triage see [https://www.yutorah.org/lectures/lecture.cfm/951531/rabbi-hershel-schachter/piskei-corona-15-triage-in-medical-decisions-updated-/ Rav Schachter (Piskei Corona #15 Updated)]. Here is a relevant [https://docs.google.com/document/d/1CtQ_XHzQarzg_0PEQODCO1ATKlM_cEmvPsXa8kdpgJA/edit sourcesheet on Halachic Triage]. [https://aiayk.org/pesachaudio/ Rav Asher Weiss (Teleconference April 6 2020, min 5-15)] discusses triage in halacha and what doctors should do.<ref>Rav Asher feels that there are only two factors that we consider for halachic triage: give precedence to someone who is in immediate danger, and give treatment to whoever has a better chance for survival. Age or spiritual need for the community are not factors for precedence. <br />
<br />
*Rav Asher says that for choleh shebifanenu the knowledge that another choleh is going to come in soon is considered pikuach nefesh if will with certainty be helpful. Therefore, if an older patient comes into the hospital but they know a younger patient is going to come in, they can consider them as though they came in together and treat according to who is in immediate danger and who has the better chance to live. Rav Schachter felt the same way in his teshuva.<br />
*If a hospital has a certain regulation, does he need to disregard the hospital protocols? Rav Asher Weiss felt that the doctors should not disregard hospital protocol, for multiple reasons but partly because if he doesn't he'll lose his license and having more able doctors at this time is pikuach nefesh.<br />
*Pulling a patient off a ventilator because someone entered the hospital who has a better chance of living, Rav Asher (min 27) felt is forbidden. Rather the doctor should say that he feels uncomfortable to do this and should let another doctor do it. Rav Schachter felt that one should try to convince the older patient to sign a DNR at that point in order to save the younger patient.</ref><br />
#A doctor may and is encouraged to perform a life saving procedure if he is wearing the correct protective gear.<ref>[https://aiayk.org/pesachaudio/ Rav Asher Weiss (Aguda Teleconference, April 6, 2020, min 18-22)] explains that you can’t put yourself in danger. However, you can if you’re saving someone from an immediate danger and you’re putting yourself in minimal danger then it is a middat chasidut to do so. Therefore, a doctor should do mechanical ventilation CPR on a COVID19 patient if he has the correct protective gear.<br />
<br />
*Rav Asher (min 33) allowed sharing ventilators when the doctors see fit in order to save another life because moving a patient from a single ventilator to a shared ventilator isn't considered doche nefesh mipnei nefesh since it isn't proven to be dangerous to use a shared ventilator. He also cited the Chazon Ish regarding turning the arrow to the side killing fewer people to save more people.<br />
*Rav Asher (min 38) said that a doctor who isn't in that particular field or is retired or has vacation doesn't have to volunteer but his doing so would be a middat chasidut. However, if he is endangering himself such as if he's over 70, he is immune compromised, or has a family member who is, then he shouldn't volunteer.</ref><br />
#A doctor returning from the hospital on Shabbat and needs to shower for health reasons so as not to catch the corona virus on his body or clothing, may do so. If he can manage with a cold shower, he should do so. If he can't, he may turn on the hot water with a [[shinuy]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/951538/rabbi-hershel-schachter/piskei-corona-26-showering-when-returning-home-from-the-hospital-or-the-mikvah-on-shabbos-or-yom-tov/ Rav Schachter (Piskei Corona #26)]. See there for how he distinguishes this from the woman returning from the mikveh on Shabbat.</ref><br />
<br />
==[[Mesira]] and Rodef==<br />
<br />
#If your doctor actually ascertains that there is a sakanat nefashot, mortal danger, involved with a certain large gathering that someone is doing then it is permitted to tell the authorities. However, otherwise it is forbidden because of informing upon another Jew ([[mesira]]). This can be a very difficult measure to actually properly assess.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Willig (min 41)]</ref> Some say that it is obligatory to be moser to the police on someone who is supposed to be in quarantine and isn't.<ref>Rav Asher Weiss (teshuva "Mechuyav Bbidud" Chol Hamoed Pesach 5780)</ref><br />
#Some hold that if a person is supposed to be in quarantine and they are not they are considered a rodef. However, obviously one should first speak to him and convince him to do what is safe.<ref>[https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 36)] citing Rav Zilberstein</ref><br />
<br />
==Links==<br />
<br />
*[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal Q&A about Corona]<br />
*[https://rabbidunner.com/coronavirus-qa-with-rav-hershel-schachter/ Transcription of Q&A with Rav Schachter by Rabbi Dunner]<br />
*[https://www.theyeshivaworld.com/news/featured/1839350/no-shul-yeshivas-shabbos-guests-levayos-shiva-vaad-harabanim-of-bergen-county-releases-letter.html RCBC letter calling for the closing of Shuls and Schools]<br />
*[http://www.torahweb.org/ TorahWeb] hosts many resources for Corona halacha including Rav Schachter's Teshuvot<br />
*[http://www.kolcorona.com/ KolCorona.com] a Torah resource, initiated by Rabbi Reuven Taragin, for those affected by Corona<br />
<br />
==Sources==<br />
<references /><br />
[[Category:Orach Chaim]]</div>YitzchakSultanhttps://halachipedia.com/index.php?title=Halachot_Related_to_Coronavirus/COVID-19_Pandemic&diff=25542Halachot Related to Coronavirus/COVID-19 Pandemic2020-04-12T13:30:36Z<p>YitzchakSultan: /* Violating Shabbat for Pikuach Nefesh */</p>
<hr />
<div>[[Image:3D medical animation corona virus.jpg|right|300px]]<br />
All rabbinim agree that one should be cautious with all the health guidelines and social distancing<ref>[https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 34)] interestingly describes the sources in general about the Jewish view on handshaking and whether it is a [[Chukot Hagoyim]]. The poskim hold that in it isn't however, at this time it is forbidden because of the health concerns.</ref> set up by the government and other local institutions in order to stay safe and help prevent getting others sick.<ref>[https://www.torahanytime.com/#/lectures?v=104843 Rav Yitzchak Yosef], [http://www.torahweb.org/torah/docs/rsch/RavSchachter-with-doctors_Mar-15-2020.pdf Rav Hershel Schachter], Rav Asher Weiss (Teleconference March 22 2020), [https://www.ou.org/covid19/ OU (March 20 2020)], [https://www.torahanytime.com/#/lectures?v=106099 Rav Shmuel Fuerst (min 53)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal], [https://www.jpost.com/israel-news/leader-of-ultra-orthodox-world-calls-for-lone-prayer-due-to-coronavirus-622805 Rav Chaim Kanievsky], [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Shlomo Aviner (Keter Yitnu Lecha p. 34)], and RCBC letters. An article on [https://www.kikar.co.il/abroad/354170.html kikar.co.il] describes how the gedolim are currently davening privately including: the Gerre rebbe, Rav Shalom Kohen, Rav Gershon Edelstein, Rav Moshe Shternbuch, Rav Yitzchak Yosef, Sanser Rebbe, Rav Bakshi Doron, Rav Dovid Yosef, Bavian Rebbe, and Rav Sheiner.<br />
<br />
*Endangering Oneself to Learn Torah: Ketubot 77b records and praises the practice of Reish Lakish to teach Torah to those ill with tzarat, some translate as leprosy, even though it is contagious. The gemara explained that he did so out of his love for Torah. Daf Al Hadaf cites Mishnat Pikuach Nefesh 69:7 who asks how Reish Lakish could endanger himself and rely on a miracle. He answers that the disease he was concerned with was only dangerous to health but not life threatening.</ref> Coronavirus, as it causes a serious health threat to some people, inhibits any social gatherings and semachot, and has severely damaged the economy and livelihood of certain people, poses a serious challenge to everyone. We all need to daven and take advantage of the circumstances in order to best serve Hashem. As a thoughtful Jew, it is incumbent upon a person to take to heart some important lessons of life and re-strengthen himself in his commitments. <ref>Rambam Taniyot 1:1-3, [https://www.torahanytime.com/#/lectures?a=105844 Rav Reuven Epstein] emphasizes that we need to take a lesson from corona since it overtly a hardship for Jews and humanity and a sign from Hashem. [https://www.yutorah.org/lectures/lecture.cfm/949185/rabbi-menachem-penner/shema-everything-is-from-hashem/ Rabbi Penner] discussed how we can revitalize our strength in mitzvot at this time based on better appreciating the lessons of Shema. Rav Asher Weiss (Teleconference March 22, 2020) introduced his shiur by discussing how we can strengthen our commitment to [[Ben Adam Lchavero]]. [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha)] wrote many lengthy pieces on the hashkafic questions related to COVID19.</ref> Additionally, on a practical level, COVID19 has many implications for people, and below is a small collection of the relevant halachot.<br />
<br />
==[[Tefillah]]==<br />
When davening at home one should be cognizant of the following ideas:<br />
<br />
#The best time to pray is Netz. According to many poskim this is equivalent to praying with a minyan.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz], Laws of Praying Beyachid (Adar 5780) by Rabbi Yonatan Nacson p. 1 citing Yalkut Yosef 89:1</ref><br />
#A person should daven in a [[makom kavuah]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] and [https://www.star-k.org/videos.php Rabbi Moshe Heinemann around minutes 5-7]</ref><br />
#It is preferable to daven with two people instead of one.<ref>Rav Asher Weiss (Minchat Asher, Volume on coronavirus, Inyane Tefila section, Chapter 16, Subchapter 2, page 41). Rav Asher Weiss adds that there is no distinction between a man or a woman in this situation, so praying with one's wife or daughter is equally preferable to praying with one's son. </ref><br />
#A person should daven in front of a wall so that there's no distractions in front of him.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]</ref><br />
#A person can and should daven near a window that serves as a means of being inspired to look towards heaven.<ref>Shulchan Aruch 90:4 writes that there should be windows in a place where one davens. [https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] suggested that the same should be done for when we daven at home to daven in a place where there is a window.</ref><br />
#A person can daven [[Shemona Esrei]] aloud if it helps his kavana. It also serves as a role model for children.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]</ref><br />
#A person shouldn't daven in a room that is usually used for frivolity.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]</ref><br />
#A person shouldn't daven in front of an open bathroom.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]</ref><br />
#At a time of a plague such as our times it is advisable to say [[ketoret]] which has the power to end a plague.<ref>Laws of Praying Beyachid by Rabbi Nacson p. 2, [https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] citing Rabbi Akiva Eiger teshuva 71</ref><br />
#According to some, at this time a person should recite Avinu Malkenu in [[Shacharit]] and [[Mincha]],<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] quoting Rav Schachter</ref> while others emphasize how one must focus on Teshuvah and reciting all parts of the regular seder haTefillah first.<ref>[https://www.torahanytime.com/#/lectures?v=104864 Rav Bention Mutzafi (55:10)]</ref> Avinu Malkenu should not be recited during [[Nissan]].<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal] stated that one should not recite Avinu Malkenu during Nissan. See Divrei Yatziv OC 75 for different minhagim about saying Avinu Malkenu during Nissan. See discussion page.</ref><br />
#Eating a meal before davening when the time comes to daven a certain tefillah should be avoided since generally we are lenient about this since we go to established minyanim but for when that isn't possible we should be more strict about this.<ref>Mishna Shabbat 9b, [https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]. [https://www.star-k.org/videos.php Rabbi Moshe Heinemann] around minutes 5-7 says that if one sets an alarm, that should be sufficient</ref> See details here about [[Eating before Davening| eating]] and [[Other Activities before Davening| doing activities before davening]].<br />
#When davening as a family, in a temporary fashion, some hold that it isn't necessary to have a [[mechitza]] and the men and women can simply daven on different sides of the room.<ref>Igrot Moshe 5:12:1 writes that regarding a Shabbos Sheva Brachos since it is just the family and it is a temporary situation no mechitza is necessary.</ref> See [[Mechitza]] for more details.<br />
#A person shouldn't forget to recite [[Birkat Halevana]] by themselves when they see the moon. It can be said from indoors. See [[Birkat Halevana]] page for details.<br />
<br />
===Parts of Davening to Skip===<br />
<br />
#On Friday night an individual doesn't recite [[Shabbat_Davenings#Me.27ayn_Sheva |Magen Avot]] after Shemona Esrei of Maariv.<ref>Laws of Praying Beyachid p. 10 citing Shulchan Aruch O.C. 268:8</ref> However, one should recite Vayechulu.<ref>[https://vimeo.com/399141271 Rabbi Moshe Heinemann] at around 24:45. At around 34 minutes, he clarifies that this can be done even by yourself, though normally we try to say it with at least two </ref><br />
#One doesn't recite [[Baruch Shemey]] when praying by oneself since it is part of the activity of removing the Sefer Torah.<ref>Mishna Brurah 134:13</ref><br />
<br />
==Minyan via Porches or Technology==<br />
<br />
#It is forbidden to have a minyan in person whether it is in a shul, shteibel, home, or backyard.<ref>[https://www.ou.org/covid19/ OU]. [https://www.yutorah.org/lectures/lecture.cfm/951048/rabbi-hershel-schachter/piskei-corona-14-forming-a-minyan-outside/ Rav Schachter (Piskei Corona #14)] writes that a person shouldn't try to make a minyan on his lawn spread out even if there's a small remote chance of spreading the virus. He also held that making a minyan with ten people standing on different balconies or porches doesn't count as a minyan. [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)] writes that certainly a person should not attend a minyan because of the danger and one may not rely on the zechut of a minyan to protect him, one needs to be safe. Rav Asher Weiss agrees that one must pray alone in order to avoid potential danger (Minchat Asher, Volume on coronavirus, Inyane Tefila section, Chapter 16, page 36). </ref> There is an exemption from tefila in a minyan due to the danger of the pandemic.<ref>Rav Asher Weiss (Minchat Asher, Volume on coronavirus, Inyane Tefila section, Chapter 16, Subchapter 1, page 40).</ref><br />
#If there ten people standing on their own porches and can see one another, some say that one can not create a minyan in such a manner, while others hold that one can.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951048/rabbi-hershel-schachter/piskei-corona-14-forming-a-minyan-outside/ Rav Schachter (Piskei Corona #14)] holds that it isn't a valid minyan. However, Rav Shternbuch (teshuva Nissan 8 5780) held that it is a valid minyan. To satisfy all the opinions the shaliach tzibur should have in mind that when he does chazarat hashatz that he could be praying a voluntary tefillah. They can't join if they're across the street and within ten tefachim of the ground. The shaliach tzibur needs to be able to see everyone. For kriyat hatorah that is done with porches initially one should call up the baal koreh or anyone on his porch, then one can even call up to an aliya someone on another porch as long as he can hear the baal koreh. The kohanim should leave before retzah because they can't say birkat kohanim. Someone davening alone doesn't have to hear kriyat hatorah since it is an obligation of the community and not individual. Rav Asher Weiss (Teleconference with Aguda, April 2 2020) was also inclined to hold that it is possible to make a minyan with people on porches who can see each other.<br />
<br />
*Mishna Brurah 55:48 based on Rashba responsa 1:96 holds that one can learn from the laws of zimmun that if people can see each other they can join for minyan.<br />
<br />
Rav Asher Weiss writes that a minyan can be created between men praying from their respective porches in order to prevent the grave danger of congregating in closer proximity, and kadish and kedusha may be recited (Minchat Asher, Volume on coronavirus, Inyane Tefila section, Chapter 18, Subchapter 2, page 53)</ref><br />
#You can't create a minyan with a video (e.g. zoom or skype) or phone call but one can join a minyan of ten men in one room with a video or phone call in order to answer [[dvarim shebekedusha]].<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)], Rabbi Nacson in Laws of Praying Beyachid p. 4 based on Yalkut Yosef 5775 ed Yamim Noraim p. 17, Yabia Omer 1:19:18, Chazon Ovadia Purim p. 56</ref><br />
#It isn't considered a minyan for people to join together to daven on a video conference but it is still spiritually valuable.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)]. Rav Asher Weiss says that it is appropriate to fix a time for people to pray together remotely. Rav Asher adds it will help ascertain that prayer is done properly, on time and with concentration. Nonetheless, chazarat hashatz and devarim shebikdusha must be omitted. (Minchat Asher, Volume on coronavirus, Inyane Tefila section, Chapter 17, pages 45-46)</ref><br />
<br />
===Answering [[Amen]]===<br />
<br />
#Even if there is a time delay between the person reciting the bracha and the one answering it that wouldn't be considered an [[Amen Yetoma]].<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)], [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)], Rabbi Nacson in Laws of Praying Beyachid p. 4 based on Yalkut Yosef 5775 ed Yamim Noraim p. 17, Yabia Omer 1:19:18, Chazon Ovadia Purim p. 56, Rav Asher Weiss (teshuva "Aniyat Amen" Nissan 5780)</ref> <br />
# If there is a minyan in some place and someone hears on the phone or video a live stream some poskim allow them to answer [[kaddish]], [[kedusha]], and [[modim derabbanan]], though for kedusha they should intend that they are saying it as psukim.<ref>Rav Asher Weiss (teshuva "Aniyat Amen" Nissan 5780)</ref> <br />
<br />
===[[Megillah]]===<br />
<br />
#There is a major dispute if a person could fulfill their mitzvah of listening to the megillah on the phone or through watching a live streamed video. Some rabbanim advised this,<ref>Rav Schachter cited by [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)] and Rav Aviner agreed.</ref> while others hold that one can't fulfill one's mitzvah at all.<ref>Rav Dovid Feinstein cited by [http://podcast.headlinesbook.com/e/coronavirus-what-the-halacha-tells-us/ Rabbi Fink] and [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)]</ref> See this topic explained more fully here: [[Brachot_Through_a_Microphone]].<br />
<br />
==Netilat Yadayim==<br />
<br />
#If a person wants to wash his hands with soap and wash [[Netilat Yadayim for a meal]], one should first wash Netilat Yadyaim for the meal, dry the hands, recite the bracha, and then wash one's hands with soap and then recite the Hamotzei.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Willig (min 30-34)]</ref><br />
<br />
==Shabbat Davening==<br />
===Friday Night===<br />
<br />
#Although the reason for reciting Shalom Alechem on a Friday night is that the angels accompany you home from shul and you welcome them to your home, if one was unable to attend shul on a Friday night, he would still sing Shalom Alechem.<ref>[https://vimeo.com/399141271 Rabbi Moshe Heinemann] at around 28:30 in the name of Rav Moshe Feinstein, because Hashem will not punish you by not sending the angels when you weren't able to attend</ref><br />
<br />
===Davening for the Sick===<br />
<br />
#It is generally prohibited to daven on Shabbat for our needs or for the well-being of a sick person. However, if the person is in a state of mortal danger one may daven for his well-being on Shabbat.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951537/rabbi-hershel-schachter/piskei-corona-25-davening-for-the-sick/ Rav Schachter (Piskei Corona #25)]</ref> See [[Shabbat_Davenings#Personal_Requests]] for all of the details of this topic.<br />
<br />
===[[Kriyat Hatorah]]===<br />
<br />
#A person who is at home and can't be at shul should nonetheless read the parsha from a chumash between Shacharit and Mussaf as a way of remembering the concept of kriyat hatorah. He can use that reading as part of his reading of [[Shenayim Mikra Vechad Targum]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] quoting Rabbi Willig. [https://www.star-k.org/videos.php Rabbi Moshe Heinemann] around minutes 7-10 agrees that you should do so on Shabbat, but that it is not necessary on Monday and Thursday. </ref> Some think this doesn't accomplish anything.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950291/rabbi-hershel-schachter/piskei-corona-8-krias-hatorah/ Rav Schachter (Piskei Corona #8)]</ref><br />
#When the congregation misses a kriyat hatorah they can make it up by reading two parshiyot next week in Shul. However, if they miss multiple weeks there is a discussion if they should or could make up all of the parshiyot that they missed.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] based on Rama and Magen Avraham</ref><br />
#A person should not move a sefer torah out of a Shul for a home minyan.<ref>[https://drive.google.com/file/d/14IUOs2OOMhloqYwnbv3iKGrWS6GbYGId/view?usp=drivesdk Rabbi Yonatan Nacson in Laws of Praying Byachid (p. 10)] citing Rav Asher Weiss</ref> See [[Respecting_a_Sefer_Torah#Transporting_a_Sefer_Torah]] for more details.<br />
#There still is an obligation of [[Shenayim Mikra Vechad Targum]] when the there is no congregation doing the Kriyat Hatorah in shul.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950291/rabbi-hershel-schachter/piskei-corona-8-krias-hatorah/ Rav Schachter (Piskei Corona #8)</ref><br />
#One doesn't recite [[Baruch Shemey]] when praying by oneself since it is part of the activity of removing the Sefer Torah.<ref>Mishna Brurah 134:13</ref><br />
<br />
===Anim Zemirot===<br />
<br />
#A person davening alone doesn't have to recite Anim Zemirot.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951536/rabbi-hershel-schachter/piskei-corona-24-anim-zmiros-without-a-minyan/ Rav Schachter (Piskei Corona #24)] explains that anim zemirot was instituted only for a minyan, and according to Rav Soloveitchik was considered a [[dvar shebekedusha]].</ref><br />
<br />
==[[Hagomel]]==<br />
<br />
#A person who was quarantined and got out of quarantine doesn't recite Hagomel since they were in no danger.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
#A person needs to recite [[hagomel]] in front of a [[minyan]] of ten men. Some suggest that this can be recited before ten people listening on a video or phone call and can answer amen. Even though they aren't present, the minyan in this context is purely to publicize the idea so it is permissible.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)]</ref> Others disagree and as long as the minyan isn't in the same room one can not recite hagomel.<ref>Divrei Dovid 4:3</ref><br />
#According to Ashkenazim, if a person is ill with a sickness to the point that he is a choleh sheyesh bo sakana, a concern of mortal danger, he should recite Hagomel, but if he less sick than that there is no need to recite Hagomel.<ref>Rama 219:8, [http://nleresources.com/2020/03/rav-asher-weiss-coronavirus-in-halacha/#.XnoNOIjYrIU Rav Asher Weiss (March 15 2015, min 11)]</ref> Sephardic tradition is to recite Hagomel anytime someone was sick in bed such as with a flu or bad cold even for a short period of time.<ref>[https://itorah.com/global-search/birkat%20hagomel Rabbi Mansour ("Saying Birkat Hagomel Within 3 Days and Laws of Birkat Hagomel Following A Sickness")]</ref><br />
<br />
==[[Bedikat Chametz]] and [[Biur Chametz]]==<br />
<br />
#A person should do bedikat chametz after praying by oneself at Tzet Hakochavim and then immediately begin the bedika. They should not have a meal within a half hour of the bedika.<ref>[https://www.torahanytime.com/#/lectures?v=106099 Rav Shmuel Fuerst (min 1-5)],[https://www.yutorah.org/sidebar/lecture.cfm/950401/rabbi-dan-cohen-rabbi-meir-gavriel-elbaz/pesach-prep-simplified/ Rav Meir Elbaz (min 17-8)]</ref><br />
#Because one can't do a large communal Chametz burning because gatherings aren't safe and even doing it with a few people at a time can look to non-Jews as unsafe. Rather one should just do biur chametz with a Kezayit by flushing it down the toilet.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-3-Mar-26-2020.pdf Rav Herschel Schachter (teshuva Rosh Chodesh Nissan 5780)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]. [https://www.jpost.com/Israel-News/Chief-Rabbis-Dont-leave-home-to-burn-chametz-for-Passover-623072 Rav Yitzchak Yosef and Rav David Lau] said that one should not go outside to burn chametz or kasher pots.</ref><br />
#A person should sell chametz in the house or office if he left there before he had the chance to do a bedikat chametz. By selling the chametz there he is absolving himself of having to do bedikat chametz.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/950401/rabbi-dan-cohen-rabbi-meir-gavriel-elbaz/pesach-prep-simplified/ Rav Elbaz (min 26)], Rav Asher Weiss (Teleconference, March 29 2020 11am)</ref><br />
<br />
==Selling [[Chametz]]==<br />
<br />
#If a person doesn't usually [[sell chametz]] and is afraid that if he doesn't sell chametz one year he isn't going to have food afterwards he can sell his chametz. He wouldn't require a [[hatarat nedarim]].<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (min 20)], [https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 9-11)]. [http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-3-Mar-26-2020.pdf Rav Herschel Schachter (teshuva Rosh Chodesh Nissan 5780)] explained the reason why the hatarat nedarim isn't necessary. [https://vimeo.com/399141271 Rabbi Moshe Heinemann] at around 46:45 agrees that if there is a big loss one can be lenient and sell chametz and it would not require hatarat nedarim, although he isn't so sure that it would be a big loss to an individual.</ref><br />
#A person can sell his chametz on the phone or online and if possible a kinyan can be made virtually in order to appoint the rabbi to sell the chametz. The kinyan would take place as follows: the rabbi would ask if there's someone standing next to the one who wants to appoint the rabbi and if there is then that person can give a pen or a utensil to the one who wants to appoint the rabbi as his shaliach. This is considered a valid kinyan between the person standing there and the one who wants to appoint the rabbi on behalf of the rabbi to be appointed. If that isn't feasible it isn't necessary. Nonetheless, one could stipulate in the document that this appointment of the rabbi is done with the full knowledge of its legal ramifications and it is accepted completely.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-1-Mar-24-2020.pdf Rav Hershel Schachter (Teshuva dated 28 Adar 5780 p. 2)], Nefesh Harav p. 179, [https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (min 1-5)] explained that the minhag is to make a kinyan to appoint a someone to sell something for you. This is classically done with a handing of a handkerchief from the rabbi to the one selling chametz. However, when they call on the phone that isn't possible. The Steipler held in such a case it isn't necessary to be careful about that minhag and simply have the person orally declare that he appoints the rabbi. However, Rav Soloveitchik felt that we should try to fulfill the minhag in any event. How can it be fulfilled? One can have someone standing in the room next to the person on the phone give something to the person on the phone on behalf of the rabbi. That is an effective halachic kinyan on behalf of the rabbi (see Kiddushin 7a). [https://www.torahanytime.com/#/lectures?v=106099 Rav Shmuel Fuerst (min 10)] explained that one can appoint the rabbi to sell his chametz online. Rav Asher Weiss (Minchat Asher Corona p. 66) agrees. [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal] allowed appointing the rabbi online if he is a talmid chacham.</ref><br />
#There is no issue with the selling of Chametz even though the Chametz is in a locked building or in a place that isn't accessible to the non-Jew because of the coronavirus situation.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950290/rabbi-hershel-schachter/piskei-corona-10-chametz-sheeno-birshuso/ Rav Schachter (Piskei Corona #10)]</ref><br />
#Some poskim allow ordering chametz on Pesach if one is certain that it will only be delivered after pesach.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951179/rabbi-hershel-schachter/piskei-corona-17-ordering-chametz-from-a-non-jew-on-pesach-to-arrive-after-pesach/ Rav Schachter (Piskei Corona #17)] explains that it isn't considered rotzeh bkiyumo, wanting the chametz to continue to exist, to order the chametz since one doesn't insist on any particular box of chametz that the company provides. However, one certainly may not acquire it with a kinyan such as picking it up or moving it. Even if it is delivered into one's property if one has intention not to acquire it, one doesn't acquire it. Yet, one can't even protect it since doing so is an issue of rotzeh bkiyumo. [https://yeshiva-university.zoom.us/rec/play/usAsduuh-283HoLAtASDAPZ9W9S0eq2s0igX-_pez0jkW3EFZFr1M7QRa7Qf9B_vOGt5lyO0vcW9I1-0?startTime=1585760529000&_x_zm_rtaid=CQsocm3ZRaq6pGgFL5OMGQ.1585880286593.75ff95374a21dbfc2f0c45524d508e2a&_x_zm_rhtaid=674 Rav Willig (April 1 2020, min 0-2)] agreed in technical terms.</ref><br />
<br />
==Buying for Pesach==<br />
<br />
#If you have raw chicken or raw meat you don't have to worry that it is chametz even if it was processed in a place where there was chametz. You can simply wash it off to solve any question.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 11-15)]</ref><br />
#Sanitizing alcohol gel, such as Purell, isn't [[chametz]] since it isn't edible and can be used on Pesach.<Ref>Rav Asher Weiss (teshuva "Shimush Bpesach B'alchogel" Chol Hamoed Pesach 5780)</ref><br />
<br />
==Kitniyot==<br />
<br />
#Out of a concern of the coronavirus, this year some poskim permit taking vitamins which have additives of [[kitniyot]] in order to stay healthy and to strength one's immune system.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950289/rabbi-hershel-schachter/piskei-corona-7-kitniyos/ Rav Schachter (Piskei Corona #7)]</ref><br />
#Someone with Crohn's disease and needs to drink an enriched milk with kiniyot additives for his health can do so on Pesach. Also, he can do so within 6 hours after eating meat (see [[Waiting between Meat and Milk]]).<ref>[https://www.yutorah.org/lectures/lecture.cfm/950289/rabbi-hershel-schachter/piskei-corona-7-kitniyos/ Rav Schachter (Piskei Corona #7)]</ref><br />
<br />
==[[Kashering for Pesach]]==<br />
<br />
#Some poskim allow [[kashering a dishwasher]] for Pesach even though there are plastic and other materials in there that are questionable to kosher. One should wait 24 hours without using it and then use with just hot water and no soap. According to Ashkenazim this should be used to kosher it from Chametz but not from meat to parve or milk or vice versa.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-3-Mar-26-2020.pdf Rav Herschel Schachter (teshuva Rosh Chodesh Nissan 5780)]</ref><br />
#Some hold that one can kasher plastic, while others disagree. See on the [[Kashering_the_Kitchen_for_Pesach#Which_materials_can_be_kashered.3F]] page.<br />
<br />
==Pesach Davening==<br />
===Hallel Pesach Night===<br />
<br />
#There is a custom of Sephardic and some Ashkenazic communities to recite Hallel Pesach night in Shul. However, being that the current situation demands that a person needs to remain inside there is no way to fulfill this minhag and should not recite Hallel after davening. Rather one should only recite it at the Seder.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950285/rabbi-hershel-schachter/piskei-corona-9-hallel-on-pesach-night-and-tefillas-tal/ Rav Hershel Schachter (Piskei Corona #9)]</ref> Some Ashkenazic poskim would allow reciting a bracha.<ref>Rav Asher Weiss (Minchat Asher Corona p. 73-4) writes that a person who has the practice to recite the Hallel the night of the seder after davening can do so with a bracha even when davening individually.</ref><br />
#According to Sephardim, one should recite Hallel the night of the seder after davening with a bracha even though one is davening at home.<ref>Yachava Daat 5:34, Teshuva written by Rabbi Mordechai Lebhar author of Magen Avot (Erev Shabbat Hagadol 5780), Kaf Hachaim 487:38-42</ref><br />
<br />
===Shir Hashirim on Chol Hamoed===<br />
<br />
#Ashkenazim generally have the custom to read Shir Hashirim on Shabbat Chol Hamoed Pesach. This year since there is no minyanim available, when one davens at home individually, there is no obligation to read Shir Hashirim. One may do so but it isn't in fulfillment of the minhag.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950655/rabbi-hershel-schachter/piskei-corona-13-shir-hashirim-on-chol-hamoed-pesach/ Rav Schachter (Piskei Corona #13)]</ref><br />
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===Tefillat HaTal===<br />
<br />
#One can recite the piyut for tal on Pesach was only instituted for a congregation, however if one wants to recite it one may do so.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950285/rabbi-hershel-schachter/piskei-corona-9-hallel-on-pesach-night-and-tefillas-tal/ Rav Schachter (Piskei Corona #9)]</ref><br />
#In Mussaf everyone should stop saying [[Mashiv Haruach Umorid Hageshem]] and instead recite Morid Hatal because one is davening individually and one may not change from the practice of saying Mashiv Haruach of the congregation until the Shaliach Tzibur has done so and this year there are no minyanim switching at mussaf. After Mussaf, starting with Mincha, one should follow their regular minhag if they usually recite Morid Hatal or not.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950285/rabbi-hershel-schachter/piskei-corona-9-hallel-on-pesach-night-and-tefillas-tal/ Rav Schachter (Piskei Corona #9)]</ref> See [[Mashiv_HaRuach_UMorid_HaGeshem#When_to_Stop_Morid_Hageshem_and_Start_Tal]] for the background.<br />
#For Sephardim, one may begin to recite Morid Hatal in Mussaf even though he praying individually and there is no minyan nearby.<ref>Kaf Hachaim 114:8 and Halacha Brurah v. 6 p. 145 rule that the primary halacha is that there's no prohibition to begin to start to say Morid Hatal before the Shaliach Tzibbur. It is only forbidden for an individual to begin Mashiv Haruach Umorid Hageshem before the congregation does. This is the approach of the Bet Yosef citing the Ran, Pri Chadash, and Maamar Mordechai, unlike the Raavad cited by the Tur 114:2. However, in a regular year, the Kaf Hachaim and Halacha Brurah recommend being strict for the Raavad to have the Shaliach Tzibur announce before the Mussaf that everyone should begin to say Morid Hatal.</ref><br />
<br />
==Machine Matza==<br />
<br />
#It is permitted under extenuating circumstances to use [[machine matza]] for the mitzvah of eating matzah on the seder night.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards beginning)]. This is acceptable for Sephardim as well even with a bracha as described by Rav Ovadia Yosef in Yachava Daat 1:14 and Chazon Ovadia (Pesach Hilchot Leil Haseder 5763 Edition p. 76). [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim] holds that one should really used hand baked matzah but if one can't acquire any then one can use machine matzah. [https://yeshiva-university.zoom.us/rec/play/uMB7I-D--j83ToDAtgSDUaJ7W9Xueqis0nRK-6FfmUm0VSMBZ1qjYLIbZbHenouY882eTH8fEnI5K7DA?startTime=1585587811000&_x_zm_rtaid=5PWyeRatQdGWZ2q1UH7K6w.1585657713810.05dafc99f0c11cb46ffb1a63ddd87e47&_x_zm_rhtaid=904 Rav Willig (min 2)] has a similar approach.</ref><br />
#Some say that there's no concern to have the hand baked matzot this year.<ref>Rav Asher Weiss (Teleconference March 22 2020, min 19) said that there's no concern to use the hand-baked matzot since they were baked earlier in the year. His personal minhag is to have only hand baked matzot. In terms of using machine matzah he felt that it is only a chumra not to use them even for the mitzvah of motzei matzah and one could use them if there's no other option.</ref><br />
<br />
==[[Eruv Tavshilin]] and [[Eruv Chatzerot]]==<br />
<br />
#A rabbi should establish an eruv tavshilin on behalf of his whole community. Even though usually he acquires it to another person who isn't a family member on behalf of the community, this year because of social distancing one can acquire it to one's wife. <ref>[https://www.yutorah.org/lectures/lecture.cfm/951181/rabbi-hershel-schachter/piskei-corona-19-eruv-tavshillin-and-eruv-chatzeiros-and-social-distancing/ Rav Schachter (Piskei Corona #19)]</ref><br />
#An eruv tavshilin works to allow cooking from Yom Tov to Shabbat even though it isn't possible to have guests in most cases.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951181/rabbi-hershel-schachter/piskei-corona-19-eruv-tavshillin-and-eruv-chatzeiros-and-social-distancing/ Rav Schachter (Piskei Corona #19)] explained that usually we use the concept of ''hoil'', since guests might arrive who can eat the food one cooked, to permit cooking from one day of Yom Tov to Shabbat. However, this year that seems not to be applicable. Rav Schachter explained based on the Maharam Chalavah that ''hoil'' doesn't necessitate that one actually have guests or even have the ability to have guests, it is rather a halachic principle since objectively it is possible to have guests the eruv is effective.</ref><br />
#The communal eruv chatzerot continues to be effective even though the communal box of matzah's might not be accessible.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951181/rabbi-hershel-schachter/piskei-corona-19-eruv-tavshillin-and-eruv-chatzeiros-and-social-distancing/ Rav Schachter (Piskei Corona #19)] explained that since theoretically it is possible to get the box alone for a few minutes it isn't completely inaccessible (see Har Tzvi OC 2:16).</ref><br />
#It is permissible to wear a surgical mask on Shabbat outside and it isn't [[carrying]] as long as it is fastened well and won't fall off.<ref>[https://itorah.com/daily-halacha/lecture/may-one-wear-a-surgical-mask-on-shabbat-in-a-public-domain/3803 Rabbi Mansour]</ref><br />
<br />
==Birchat Ha'ilanot==<br />
<br />
#One can recite birkat hailanot from indoors if one can see the trees but one may not recite them by seeing the trees on a video.<ref>Ateret Paz p. 154-6</ref> See the [[Birchat HaIlanot]] for more details and sources.<br />
<br />
==[[Tanit Bechorot]]==<br />
<br />
#A person should try to finish a short masecheta to make his own siyum.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-1-Mar-24-2020.pdf Rav Hershel Schachter (Teshuva dated 28 Adar 5780 p. 2)], [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref> Some say that learning one masechta with Bartenura is sufficient.<ref>[https://itorah.com/daily-halacha/lecture/ta-anit-bechorot-during-the-coronavirus-pandemic/3802 Rabbi Mansour], [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref><br />
#Many poskim say that he can rely on a siyum over the phone or video livestream.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-1-Mar-24-2020.pdf Rav Hershel Schachter (Teshuva dated 28 Adar 5780 p. 2)]. [https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards beginning)]. [https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 1-4)] explained that Rav Schachter and Rav Shlomo Zalman Auerbach hold that it is enough to listen and join with the siyum over the phone or video call. However, other poskim don't like this leniency. Rav Asher Weiss (Teleconference March 22 2020, min 7) agreed that one can be yotzei with a siyum over the phone or video for the tanit bechorot. [https://www.torahanytime.com/#/lectures?v=106099 Rav Shmuel Fuerst (min 6)] agreed that this year you can be yotzei the siyum over the phone since it is an extenuating circumstance. [https://youtu.be/Yo6IJi2V-bw Rav Avigdor Nevinsal] agreed that you can be part of a siyum over the phone and the meal one has afterwards is a seudat mitzvah. [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim] holds that it is better to make a siyum oneself even on a tractate of mishna but if that's not possible one can listen on the phone.</ref><br />
#Some say that in the event one can't make one's own siyum or even hear someone else's, one doesn't need to fast this year in order to maintain strength in this time of a health crisis.<ref>[https://itorah.com/daily-halacha/lecture/ta-anit-bechorot-during-the-coronavirus-pandemic/3802 Rabbi Mansour]</ref><br />
<br />
==Birkat Halevana==<br />
<br />
#Ideally one should recite birkat halevana outdoors.<ref>Rama 426:4</ref> If one can not do so one can recite Birkat Halevana from inside but initially one should open the window.<ref>Pri Megadim M"Z 426:4, Mishna Brurah 426:21</ref> See the [[Birkat HaLevana]] page.<br />
<br />
==Chol Hamoed==<br />
<br />
#One can't buy stocks or sell them on Chol Hamoed, however, if not selling them could lead to a loss of one's original capital that one invested one can sell it.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref><br />
<br />
See [[Chol Hamoed]] for many details.<br />
<br />
==Using Zoom for the Seder==<br />
<br />
#Although a minority of rabbis allow using Zoom for this emergency situation in a very extenuating circumstance where an elderly single person is alone for the seder away from family because of the quarantines to use technology to leave a video conference going for Yom Tov to join with a family seder,<ref>[http://www.israelnationalnews.com/News/News.aspx/277764 Rabbi Eliyahu Abergel and other rabbis]</ref> most rabbis consider this to be a breach of halacha.<ref>Rav Asher Weiss (Teleconference March 22 2020 11am, min 39; teshuva in Minchat Asher Corona pp. 75-6), [http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-2-Mar-25-2020.pdf Rav Herschel Schachter (teshuva Adar 29 5780)], [https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 20-22)], [https://www.inn.co.il/News/News.aspx/432065 Rav Yosef Tzvi Rimon]. Rav Willig's held that it is absolutely forbidden and it is a tremendous zilzul Shabbat besides questions of others prohibitions of Shabbat.</ref> There is a discussion if the firstgroup of rabbis retracted.<ref>[https://vosizneias.com/2020/03/24/the-heter-for-zoom-at-the-seder-is-incorrect-and-should-be-retracted/ Rabbi Yair Hoffman] describes how 3 of the original signers of the lenient ruling would only permit under life and death needs and not in general. However, [https://www.jpost.com/israel-news/zoom-passover-seder-rabbis-hit-back-at-critics-622494 another article] describes how some of the original rabbis who were lenient confirmed their opinions.</ref><br />
#It is suggested to perform a pre-pesach zoom seder for people who you can't invite to your seder in order to share divrei torah, songs, and the experience of the seder before Yom Tov.<ref>[https://www.inn.co.il/News/News.aspx/432065 Rav Yosef Tzvi Rimon]</ref><br />
#For someone who is clinically depressed to the point that there is a concern of suicide or just losing one's mind it is permitted to use a phone to call him to cheer him up and check on him. However, if there's a way to check the patient before Pesach one should do so.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-2-Mar-25-2020.pdf Rav Herschel Schachter (teshuva Adar 29 5780)]. [https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Willig (min 24)] agrees that we violate Shabbat for someone who is suicidal but they can use the phone.</ref> A person should check with his rabbi in each case.<br />
#A person should recite Ha lachma anya this year as one would any other year, even though that phrase is a call for inviting guests and this year that is impossible.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951299/rabbi-hershel-schachter/piskei-corona-21-can-we-say-kol-dichfin-this-year-/ Rav Schachter (Piskei Corona #21)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
<br />
==[[Sefirat Haomer]]==<br />
<br />
#If someone couldn't get a hair cut because the barbers were all closed before Pesach, then if one reached the point when it very noticeably long and people would tell him to get a haircut he can take a haircut during [[Sefira]]. Today it can be estimated that if it has been more than 2 months since his last haircut he can take a haircut during the Sefira.<ref>https://www.yutorah.org/lectures/lecture.cfm/950659/rabbi-hershel-schachter/piskei-corona-16-haircuts-on-chol-hamoed-and-sefira/ Rav Schachter (Piskei Corona #16)</ref><br />
<br />
==Mikveh==<br />
<br />
#Each community rabbi needs to decide these sort of questions however in theory it is possible for the Mikva to remain open and allow women who aren't having symptoms or aren't quarantined to go to Mikva. They should be extra careful about hygiene and prepare completely at home, go to the Mikva where there is no contact with anyone besides a brief contact with the water which has chemicals for cleanliness. Then upon returning home there are poskim who allow the woman to take a shower when she gets home to clean herself off.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/950654/rabbi-hershel-schachter/piskei-corona-12-showering-after-the-mikvah/ Rav Hershel Schachter (Piskei Corona #12)], [https://www.torahanytime.com/#/lectures?v=105574 Rabbi Shay Tahan]. Rav Asher Weiss (March 29 2020) said it is obviously permitted to overlook the chumra of not showering when the woman returns from mikveh at these times.</ref><br />
#On Shabbat, if a woman goes to mikveh she can not take a hot shower when she gets back since turning on the hot water is causing cold water to enter the boiler and cook. Rather she should either decide to take a completely cold shower or delay the mikveh until Motzei Shabbat. She should also not decide not to take a shower at all because one shouldn't do something unsafe when there's an option to delay going to mikveh.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951538/rabbi-hershel-schachter/piskei-corona-26-showering-when-returning-home-from-the-hospital-or-the-mikvah-on-shabbos-or-yom-tov/ Rav Schachter (Piskei Corona #26)]</ref><br />
#On Yom Tov, according to those who are lenient to permit [[showering on Yom Tov]], when a woman returns from the mikveh should do so. Rav Schachter's opinion is that it is only permitted to take a shower on Yom Tov with water that is just hot enough to remove the chill from the water (less than lukewarm). If she decides she doesn't want to take such a shower, she should delay going to mikveh until after Yom Tov.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951538/rabbi-hershel-schachter/piskei-corona-26-showering-when-returning-home-from-the-hospital-or-the-mikvah-on-shabbos-or-yom-tov/ Rav Schachter (Piskei Corona #26)]</ref><br />
#The OU has established [https://www.ou.org/covid-19-and-the-mikvah-recommended-protocols/?utm_source=SilverpopMailing&utm_medium=email&utm_campaign=Mikvah%20Guidance%20(1)&utm_content=&spMailingID=32100310&spUserID=MTM2NTc0Mjg0NTYwS0&spJobID=1683098314&spReportId=MTY4MzA5ODMxNAS2 health guidelines] in order to allow a mikveh to remain open.<br />
#The RCBC also stated that Mikva's are remaining open for the time.<ref>[https://www.theyeshivaworld.com/news/featured/1839350/no-shul-yeshivas-shabbos-guests-levayos-shiva-vaad-harabanim-of-bergen-county-releases-letter.html RCBC letter on yeshivaworld.com]</ref><br />
#The men's mikveh's should be closed at this time. Even if a person is careful to go to mikveh each day he can fulfill this custom by taking a 5 minute shower.<ref>Rav Asher Weiss (Teleconference March 22 2020, min 12)</ref> See [[Preparations_for_Davening#Going_to_Mikveh]] for details.<br />
<br />
==Tevilat Kelim==<br />
<br />
#Each community should decide whether or not close the kli mikveh out of a safety concern. You can do the [[tevilat kelim]] in the ocean.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 5-9)], [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref><br />
#Alternatively, one can use tevilat kelim in the mikvah while wearing gloves, then throw out the gloves, wash off the kelim with soap and water. If the community has other procedures for safety one should observe them.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 5-9)], [https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 3-4)]</ref><br />
#As a last resort one can avoid tevilat kelim by giving the pots to a non-Jew and borrowing them back. One can rely on this until the virus passes.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 5-9)], [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]. [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal] said that one could rely upon this if there was no other option. [https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 14-16)] allows selling the kelim to a non-Jew. Rav Yosef Tzvi Rimon (teshuva dated Nisan 1 5780) recommended this.</ref> If one can't sell or gift the pots to a non-Jew oneself one can do so online through [https://nirshamti.co.il/e-%D7%98%D7%91%D7%99%D7%9C%D7%94/ Zomet].<br />
#Another option is for a person to declare the pots that need tevilat kelim to be ownerless (hefker) in front of 3 Jews. One has to have full intent that the pots are ownerless and if someone took them one would have no claim upon them. If these Jews can't be there in person it is sufficient if they are present through social media technology but they should be people who live in the neighborhood. They should then leave the pots outside their house for a few minutes so that if someone wanted to take them they could. <ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-1-Mar-24-2020.pdf Rav Hershel Schachter (Teshuva dated 28 Adar 5780 p. 1)], [https://itorah.com/daily-halacha/lecture/if-one-has-new-utensils-which-he-is-unable-to-immerse/3801 Rabbi Mansour]</ref> Others disagree.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 5-12)] said that one shouldn't use the solution to make the pots hefker since you're using the kelim. See Sefer Tevilat Kelim p. 84 based on Maharil Diskin. See S"A Harav 445:1 that hefker that isn't meaningful since you plan to reacquire it isn't a solution. However, Rav Elyashiv and Rav Soloveitchik allowed it in extenuating circumstances. Rav Asher Weiss (Minchat Asher Corona p. 72) writes that one should avoid using new pots and relying on this leniency to mafkir but in an extenuating circumstance one can rely on it.</ref><br />
#If there's are no solutions, some poskim would allow using the pots without tevilat kelim in this extenuating circumstance.<ref>Rav Asher Weiss (Teleconference, March 22 2020 11am), Rav Yosef Tzvi Rimon (Teshuva dated Nisan 1 5780)</ref><br />
#Regarding a seder plate and kos shel eliyahu requiring tevilah, see [[Tevilat Kelim]] page.<br />
<br />
==[[Brit Milah]]==<br />
<br />
#A Brit Milah can be done without a minyan since gatherings aren't safe.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
#A grandfather or someone else involved in a brit milah via zoom can recite the naming of the baby but he should not recite the bracha of asher kidash yadid mbeten.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951300/rabbi-hershel-schachter/piskei-corona-22-participating-in-a-simcha-via-zoom/ Rav Schachter (Piskei Corona #22)]</ref><br />
<br />
==Naming a Girl==<br />
<br />
#Although normally we try to name a baby girl at an aliya to the Torah, a person doesn't need a minyan in order to name a girl and under the circumstances should do so without delay.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Neventzal], [https://www.yutorah.org/lectures/lecture.cfm/950292/rabbi-hershel-schachter/piskei-corona-11-krias-shem-for-a-baby-girl/ Rav Schachter (Piskei Corona Teshuva #11)], [https://vimeo.com/399141271 Rabbi Moshe Heinemann] at about 16:45</ref><br />
<br />
==Bar Mitzvah's==<br />
<br />
#[https://www.torahanytime.com/#/lectures?v=105558 A message for Bar Mitzvah Boys in the Lockdown by Rabbi Pesach Krohn]<br />
#A bar mitzvah boy who missed the opportunity to read his parsha in shul when he became bar mitzvah'ed when it is next possible to go to shul he can add his parsha as a hosafa and read it then. Additionally, the haftorah can follow that hosafa.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards end)]</ref><br />
#The father of a Bar Mitzvah boy who couldn't layn should wait until he can do something that shows he's Bar Mitzvah like layn or daven as Shaliach Tzibbur to make such a bracha.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
<br />
==Weddings==<br />
<br />
#Ideally a wedding shouldn't be pushed off if both parties are ready even though it means having a tiny wedding.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal], [https://www.kimizion.org/maamar/5780_5784/keter.pdf (Keter Yitanu Lecha p. 38)]</ref><br />
#A rabbi should not officiate at a wedding that isn't abiding by the CDC guidelines of health because he is furthering unsafe practices.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards beginning)]</ref><br />
#It has been asked whether or not the poskim are more lenient this year regarding weddings during [[Sefira]] but the answer is that it is not determined because the situation is still unclear.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref> Some are lenient but it is best to schedule for [[Rosh Chodesh]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref><br />
#If in this dire situation it isn't possible to have a minyan, it is possible to have a wedding nonetheless without [[Sheva Brachot]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/951180/rabbi-hershel-schachter/piskei-corona-18-getting-married-with-less-than-10-men-present/ Rav Schachter (Piskei Corona #18)] explained that although it isn't possible to recite Sheva Brachot and seemingly they forbid the couple to each other without Sheva Brachot in this extenuating circumstance one can rely upon the opinion that the wedding is valid and they are permitted even without Sheva Brachot (see Nodeh Beyehuda EH 1:56). For birkat erusin certainly having a minyan isn't critical (Shulchan Aruch E.H. 34:4) although it is preferable and in this circumstance unnecessary. From Bet Shmuel 64:4 it appears to be a dispute between the Shulchan Aruch and Rama whether one is allowed to have a wedding at all if it is extremely difficult to get a minyan, the Rama being lenient. </ref><br />
#A minyan for [[sheva brachot]] can not be created via Zoom. Additionally, one can't recite a bracha of sheva brachot for the couple via Zoom.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951300/rabbi-hershel-schachter/piskei-corona-22-participating-in-a-simcha-via-zoom/ Rav Schachter (Piskei Corona #22)]</ref><br />
<br />
==[[Fast Days]]==<br />
<br />
#If the rabbis declare a half fast day until [[Chatzot]] according to Ashkenazim an individual can recite [[Anenu]] in Mincha Shemona Esrei<ref>Rama 562:1 writes that Ashkenazim hold that even for an incomplete fast one can recite anenu. Mishna Brurhah 562:48 references this Rama in discussing a fast that was accepted to fast until chatzot. The Mishna Brurah 562:7 cites a debate as to whether one should omit the words צום תעניתנו while reciting עננו in such a scenario as many poskim argue that a half fast is not considered a fast and therefore one would not want to risk speak falsely, particularly when he is speaking to Hashem.<br />
<br />
*[https://www.theyeshivaworld.com/news/israel-news/1841977/hagaon-harav-chaim-kanievsky-calls-to-fast-for-half-a-day-on-erev-rosh-chodesh.html Rav Chaim Kanievsky] declared a half fast on Erev Rosh Chodesh Nissan 5780.</ref> assuming he is still fasting when he prays Mincha.<ref>Mishna Brurah 562:6</ref> According to Sephardim one can only recite anenu if one fasts the entire day.<ref>Shulchan Aruch 562:10-11 holds that a incomplete fast is not considered a fast with respect to saying anenu. Therefore if one only fasts until chatzot one should not recite anenu.</ref><br />
#A person should accept the fast from the day before, as is traditionally done at mincha time. If one didn't do so, according to Sephardim one shouldn't recite anenu, but according to Ashkenazim one can recite anenu.<ref>Shulchan Aruch and Rama 562:5</ref><br />
<br />
==Mezuzah==<br />
<br />
#A person should not kiss any mezuzah, or any siddur or chumash of a shul or a public area at this time because of concern of spreading COVID19.<ref>[https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)], [https://www.jpost.com/israel-news/chief-rabbi-of-israel-due-to-coronavirus-stop-kissing-the-mezuzah-619753 Chief Rabbi Rabbi David Lau]</ref><br />
<br />
==Shalom Bayit==<br />
<br />
#It is critical to be mindful of other people when everyone is under stress and no one is completely comfortable. [https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Dr. Pelcovitz] discusses the implications quarantine can have Shalom Bayit.<br />
#It is forbidden for a couple to have [[tashmish]] at a night of famine<ref>Gemara Tanit 11a, Shulchan Aruch O.C. 240:12</ref> since everyone is in distress it is incumbent on everyone to take upon himself an aspect of distress.<ref>Mishna Brurah 574:9</ref> The same is true for any time of societal distresses.<ref>Rama 240:12 based on Yerushalmi Tanit. Olot Tamid 240:6 (cited by Kaf Hachaim 240:85) understands the Rama to apply to any type of tragedy that we would declare a fast over.</ref> Others disagree.<ref>Shaarei Knesset Hagedola (Hagahot Tur 240:5) writes that tashmish is only forbidden during a famine, plague of the crops, locusts and the like which cause a famine but not for other tragedies or troubles. Kaf Hachaim 240:85 rules like the Shaarei Knesset Hagedola either because that is the explanation of the Yerushalmi or we don't follow the Yerushalmi.</ref><br />
#It is permitted to have tashmish on mikvah night.<ref>Shulchan Aruch O.C. 574:11 writes that it is permitted for a couple to have tashish on mikva night. Mishna Brurah 574:11 cites the Magen Avraham who argues with Shulchan Aruch but then he cites the Bigdei Yesha and Nahar Shalom who are lenient and there's what to rely on to follow Shulchan Aruch. Mishna Brurah concludes that certainly one can be lenient at a time when it isn't a famine and it is just another time of distress in the world.</ref><br />
#It is permitted to have tashmish for a couple who didn't yet fulfill [[pru urevu]].<ref>Shulchan Aruch O.C. 240:12, 574:4, Mishna Brurah 240:47</ref> Once his wife is pregnant this leniency doesn't apply.<ref>Mishna Brurah 574:12</ref><br />
#If he has a strong yetzer hara and there is a concern of [[hashchatat zera]] it is permitted.<ref>Mishna Brurah 240:46</ref><br />
#There is what to rely upon to have tashmish at a time of war and there is no midat chasidut to be strict, especially for young couples even for someone who fulfilled pru urevu.<ref>Tzitz Eliezer 13:21</ref><br />
#During the time then the plague of corona virus is rampant in the world there is a lot to rely upon to have tashmish. Someone who wants to be strict can do so.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949166/rabbi-ally-ehrman/is-tashmish-hamitta-permitted-during-the-coronavirus-pandemic-/ Rabbi Ehrman on yutorah]. Rav Asher Weiss (Zoom Conference, March 22 2020, 11am, min 15) was lenient he said that the situation presently isn't one that rises to the level where we need to declare a fast. Also, since domestic violence recently has been on the rise because of the quarantines one shouldn't be strict in this area. </ref><br />
<br />
==Laid off Workers and Cancelled Contracts Because of Corona==<br />
<br />
#If there's a employee that is unable to work because of a societal or national crisis the employees should continue to be paid by the employers according to many opinions or at least they should make a compromise.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949287/rabbi-michoel-zylberman/coronavirus-and-laid-off-employees/ Rabbi Zylberman on yutorah]. Mordechai b"m 343 writes that if there's a decree in the town that the teachers can't teach the teachers should still be paid. Rama C.M. 321:1 cites this Mordechai and applies it to any worker in 334:1. The Sama 334:2 argues with the Mordechai and holds that since the employee can't work and both aren't at fault and both couldn't foresee this the employer is exempt. Netivot 334:1 limits the idea of the Mordechai to a teacher and not other employers since a teacher is paid for sachar betela (see [[Laws_of_Learning_Torah#Taking_Money_for_Learning_and_Teaching_Torah]]). Shach 334 holds that this opinion of the Mordechai only applies if majority of the town ran away because of a crisis but if only a minority runs away then the employee isn't entitled to payment. Aruch Hashulchan 334:10 has another approach. If the situation prevents the worker from working then he is entitled to pay but if he runs away then he isn't. Rabbi Zylberman explained from Mishpat Poalim we think that this is a case of Hamotzei Mchavero Alav Harayah, whoever is holding onto the money can claim that he is exempt from paying or returning the money. Rav Asher Weiss in Minchat Asher 2:106 says that they should make a compromise, and Rav Bleich ([https://www.sefaria.org/Contemporary_Halakhic_Problems%2C_Vol_IV%2C_Chapter_XIV_The_Intifada_and_the_Gulf_War.35?lang=bi&with=all&lang2=en Contemporary Halachic Problems v. 4]) thinks that we follow the Rama. Once the Chatom Sofer had a case in his town and he felt that they should pay but he couldn't force everyone to pay it so he told them to pay half. Rav Yona Reiss had a case where they made a compromise. <br />
<br />
*Rav Asher Weiss (Zoom Conference, March 22 2020, 11am, min 21-25) thought that one should compromise and give the workers who aren't working 30% of their pay. This applies Jewish and non-Jewish workers. This is based on the Rama and Sama CM 221. As for the day schools and daycares that are closed and not providing services one theoretically should be exempt. Since it might be devastating to the schools one needs to wait until the government makes a decision. Either way, we should wait until there is a major decision from the government or authorities and follow that. Until then for the schools we should pay so that the teachers can have a salary for their [[parnasa]].</ref><br />
#This applies to contractors for cancelled events as well.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949287/rabbi-michoel-zylberman/coronavirus-and-laid-off-employees/ Rabbi Zylberman on yutorah]</ref><br />
#If someone rented out an apartment to someone and then he wants to retract because of a concern that the potential tenants have the virus, some say that it is forbidden to back out of the contract.<ref>[http://kol-barama.co.il/item/%D7%A4%D7%99%D7%A7%D7%95%D7%97-%D7%A0%D7%A4%D7%A9-%D7%A7%D7%95%D7%A8%D7%95%D7%A0%D7%94-%D7%A2%D7%A4%D7%99-%D7%94%D7%94%D7%9C%D7%9B%D7%94/ Rav Yakov Sinai] based on Rama in teshuva, Shach CM 312 and other sources</ref> The same is true of a hotel or pesach program that was cancelled.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951789/rabbi-hershel-schachter/piskei-corona-27-the-importance-of-tzedaka-and-chesed/ Rav Schachter (Piskei Corona #27)] writes that it is important to reach a peshara, compromise, with respect to the question of how much a person should be paid in return for the pesach programs that were cancelled.</ref><br />
<br />
==Yeshiva Tuition==<br />
See previous section about the background for this question.<br />
<br />
#Even though the question of whether a person should pay tuition while it is closed is subject to debate a person should make sure to pay in full as the yeshivot do not have enough money and it is critical to give tzedaka at this time, which is a great merit to protect oneself from any danger.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951789/rabbi-hershel-schachter/piskei-corona-27-the-importance-of-tzedaka-and-chesed/ Rav Schachter (Piskei Corona #27)</ref><br />
<br />
==[[Bikur Cholim]]==<br />
<br />
#A person doesn't have to and shouldn't visit someone who has a virus that contagious such as corona.<ref>[http://kol-barama.co.il/item/%D7%A4%D7%99%D7%A7%D7%95%D7%97-%D7%A0%D7%A4%D7%A9-%D7%A7%D7%95%D7%A8%D7%95%D7%A0%D7%94-%D7%A2%D7%A4%D7%99-%D7%94%D7%94%D7%9C%D7%9B%D7%94/ Rav Yakov Sinai (min 3)] explains that although the Rama in a teshuva and Knesset Hagedola hold that one should visit the sick even if they have a contagious disease, the Shulchan Gavoha and others disagree and that is the halacha.</ref><br />
#A person fulfills the mitzvah of bikur cholim on the phone according to many poskim.<ref>[https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Shlomo Aviner (Keter Yitnu Lecha p. 34)] citing Igrot Moshe YD 1:223 and Tzitz Eliezer 8:5. Rav Aviner added that the main idea of bikur cholim is to do what is best for the patient and in our context that is to call.</ref><br />
#Someone who is praying for a mortally ill patient to get better and doesn't know if he is still alive should pray for his well-being and not specifically for him to get better.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951537/rabbi-hershel-schachter/piskei-corona-25-davening-for-the-sick/ Rav Schachter (Piskei Corona #25)]</ref><br />
<br />
==Burial and Mourning==<br />
===Burial===<br />
<br />
#Each place should follow the guidelines that are in place for safety. If a minyan isn't possible, then the next thing that is to try to have is Jews doing the burial. If they don't even let that, then afterwards a Jew should check that the burial by the non-Jews was done properly in the ground.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 26-8)]. [https://www.yutorah.org/sidebar/lecture.cfm/951298/rabbi-hershel-schachter/piskei-corona-20-tahara-for-meisim/ Rav Schachter (Piskei Corona #20)] said that they should specifically have as few people as possible for the burial and maybe just the workers and that too fulfills the mitzvah of burial.</ref> It is forbidden to cremate and it is still considered not dangerous to properly do a burial with no tahara and minimal involvement of the fewest people or simply the cemetery workers.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951298/rabbi-hershel-schachter/piskei-corona-20-tahara-for-meisim/ Rav Schachter (Piskei Corona #20)]</ref><br />
#At this time the chevra kadisha should not perform a tahara for the deceased since it could lead to danger.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951298/rabbi-hershel-schachter/piskei-corona-20-tahara-for-meisim/ Rav Schachter (Piskei Corona #20)]</ref><br />
#A person who was buried in America because of the corona virus but was planned to be buried in Israel can later when the virus isn't an issue be reburied in Israel, even though generally we don't rebury someone who was buried.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)]</ref> See the topic of [[Laws_and_Customs_of_a_Funeral#Under_What_Circumstances_is_it_Permitted_to_Move_Someone_Buried.3F|reburying a corpse]] in general.<br />
#Regarding burials on Yom Tov and Yom Tov Sheni, see [https://www.yutorah.org/lectures/lecture.cfm/951790/rabbi-hershel-schachter/piskei-corona-28-guidelines-for-burial-on-shabbos-and-yom-tov/ Rav Schachter's Guidlines for burial on Shabbat and Yom Tov]<br />
<br />
===Kriyah===<br />
<br />
#The rabbi could do the [[Kriyah]] for the mourner with gloves and a mask or he can simply tell the mourner to do it.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Willig (min 29)]</ref><br />
<br />
===Avelut===<br />
<br />
#A person who is no going to be involved in the burial anymore because the deceased was given to the chevra kaddisha then he is not considered an [[Onen]] anymore and should begin [[Avelut]] (mourning). However, if he is going to call relatives to tell them about the levaya then he is still an [[Onen]].<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)]</ref>. If he is going to watch the burial with Zoom or listen on the phone it is unclear if he is still an Onen.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)] isn't certain if a person involved in the burial merely because he is watching via Zoom is still considered an Onen. [https://www.yutorah.org/sidebar/lecture.cfm/839779/rabbi-asher-bush/%d7%94%d7%aa%d7%97%d7%9c%d7%aa-%d7%90%d7%91%d7%99%d7%9c%d7%95%d7%aa-%d7%9c%d7%9e%d7%99-%d7%a9%d7%90%d7%99%d7%a0%d7%95-%d7%a0%d7%9e%d7%a6%d7%90-%d7%91%d7%a7%d7%91%d7%95%d7%a8%d7%aa-%d7%90%d7%91%d7%99%d7%95-%d7%95%d7%9e%d7%a9%d7%aa%d7%aa%d7%a3-%d7%a2-%d7%99-%d7%94%d7%98%d7%9c%d7%a4%d7%95%d7%9f/ Rav Asher Bush] wrote based on MPeninei Harav p. 202 that he considers someone phoning into a burial to not be an Onen unless they're going to ask him questions about the burial.</ref><br />
#On [[Erev Pesach]] if someone is buried before [[Chatzot]] (midday) the relatives should observe [[Avelut]] (mourning) before Chatzot and then at Chatzot it is considered like a Yom Tov and the rest of the [[Shiva]] is cancelled. If the person is buried after [[Chatzot]] they should observe Avelut before Yom Tov and then the Yom Tov will come and cancel the rest of [[Shiva]].<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)]</ref><br />
#A mourner shouldn't eat his first meal after the burial, the [[Seudat Havrah]], from his own food; other should provide that food. If at this time when people are concerned for COVID19 and might not send food, if the mourner knows that he isn't going to be sent food, he can eat the first meal from his own food.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)]</ref><br />
<br />
===Kaddish and Iyluy Neshama===<br />
<br />
#Under the circumstances a person can not recite the kaddish because minyanim aren't available. Therefore, a person should take upon himself to learn mishnayot for the deceased.<ref>Rav Asher Weiss (Minchat Asher Corona pp. 58-9)</ref><br />
<br />
See [[Practices_in_the_Mourner%27s_House#Iyluy_Neshama]] and [[Kaddish]] pages.<br />
<br />
==[[Kibbud Av Vem]]==<br />
<br />
#If one's parents ask him to do something which the department of health has deemed unsafe a person should not listen to his parents in such a case and that isn't a breach of Kibbud Av Vem.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-2-Mar-25-2020.pdf Rav Schachter (Teshuva Adar 29 5780)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
<br />
==Violating Shabbat for [[Pikuach Nefesh]]==<br />
'''On Shabbat or Yom Tov, if anyone has any concern whatsoever that they are in serious danger because of deteriorating health, they should immediately call a doctor or [[Going_to_and_Staying_in_the_Hospital_on_Shabbat|go to the hospital]].'''<br />
<br />
#It is a well established halacha that it is not only permitted but even a mitzvah to violate [[Shabbat]] in order to safe a life or to remove a situation that presents even a slight chance of danger.<ref>Shulchan Aruch O.C. 328:13</ref> The question is how to define the threshold of danger.<ref>[http://nleresources.com/2020/03/rav-asher-weiss-coronavirus-in-halacha/#.XnoNOIjYrIU Rav Asher Weiss (March 15 2020, min 18-22) to Beit Midrash Gavoha] explained that the definition of danger in order to violate Shabbat isn't defined by statistics. For vaccinations we assume that it is a sakana not to vaccinate even though the odds of dying because of the measles is low. Since it is preventable it is incumbent upon us to vaccinate. He concludes that as long as it is a natural phenomenon and there is an action that we can do to prevent deaths we must do so.</ref><br />
#In certain cases of emergency regarding corona virus it would be allowed to violate Shabbat.<ref>[https://www.theyeshivaworld.com/news/headlines-breaking-stories/1841156/harav-zilberstein-answer-telephone-on-shabbos-if-awaiting-results-of-coronavirus-test.html Rav Zilberstein] allowed a patient to answer the phone on Shabbat with a [[shinuy]] only to hear the results of a test and answer questions for epidemiological investigation. If the test results that show that a patient has the virus are produced on Shabbat it is incumbent for the health department to deal with the quarantine then and it is permitted to answer the phone for that.</ref> Obviously every single case is different and one should learn the laws of Pikuach Nefesh from a rabbi in advance.<br />
#If a person is discharged from the hospital on Shabbat and they need him to leave because of the lack of space that they have because of the numbers of people who are ill, his family member can drive to get him. They should do a [[Shinuy]] when turning on the car like turning the key with one's weaker hand, or pressing the button on the key with one's knuckle. Also, when turning off the car one should use a Shinuy.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950282/rabbi-hershel-schachter/piskei-corona-6-pikuach-nefesh-on-shabbos/ Rav Schachter (Piskei Corona #6)]</ref> However, a similar question regarding a nurse returning from the hospital on Shabbat some poskim say that she may not drive herself but rather should take a non-Jewish cab and just be careful when in and after leaving the taxi.<ref>Rav Asher Weiss (teshuva "Nesiyat Achot" Nissan 5780) was uncomfortable permitting driving oneself home from the hospital on Shabbat even if it was for an emergency since it is a large dispute between Rav Moshe and Rav Shlomo Zalman. Rather he said that one should take a cab with a non-Jewish driver. Even though at this time when people are concerned about getting the virus from going in a cab, he still felt that it isn't considered pikuach nefesh and one shouldn't still drive oneself. Rather one should take the cab but very careful.</ref><br />
#If a relative is in the hospital and the family members would call the hospital that would indicate to the doctors and nurses that the family cares and the patient will receive better treatment, it is permissible to do so on Shabbat or Yom Tov.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951791/rabbi-hershel-schachter/piskei-corona-29-calling-the-hospital-on-shabbos-or-yom-tov-to-advocate-for-relatives/ Rav Schachter (Piskei Corona #29)]. [https://www.theyeshivaworld.com/news/featured/1848379/important-message-from-flatbush-hatzolah-about-family-members-in-hospitals.html Flatbush Hatzolah] announced the same thing but they said that the calling and hanging up should be done with a shinuy.</ref><br />
<br />
==Doctors Working in the Hospital==<br />
<br />
#Regarding the larger issue of halachic triage see [https://www.yutorah.org/lectures/lecture.cfm/951531/rabbi-hershel-schachter/piskei-corona-15-triage-in-medical-decisions-updated-/ Rav Schachter (Piskei Corona #15 Updated)]. Here is a relevant [https://docs.google.com/document/d/1CtQ_XHzQarzg_0PEQODCO1ATKlM_cEmvPsXa8kdpgJA/edit sourcesheet on Halachic Triage]. [https://aiayk.org/pesachaudio/ Rav Asher Weiss (Teleconference April 6 2020, min 5-15)] discusses triage in halacha and what doctors should do.<ref>Rav Asher feels that there are only two factors that we consider for halachic triage: give precedence to someone who is in immediate danger, and give treatment to whoever has a better chance for survival. Age or spiritual need for the community are not factors for precedence. <br />
<br />
*Rav Asher says that for choleh shebifanenu the knowledge that another choleh is going to come in soon is considered pikuach nefesh if will with certainty be helpful. Therefore, if an older patient comes into the hospital but they know a younger patient is going to come in, they can consider them as though they came in together and treat according to who is in immediate danger and who has the better chance to live. Rav Schachter felt the same way in his teshuva.<br />
*If a hospital has a certain regulation, does he need to disregard the hospital protocols? Rav Asher Weiss felt that the doctors should not disregard hospital protocol, for multiple reasons but partly because if he doesn't he'll lose his license and having more able doctors at this time is pikuach nefesh.<br />
*Pulling a patient off a ventilator because someone entered the hospital who has a better chance of living, Rav Asher (min 27) felt is forbidden. Rather the doctor should say that he feels uncomfortable to do this and should let another doctor do it. Rav Schachter felt that one should try to convince the older patient to sign a DNR at that point in order to save the younger patient.</ref><br />
#A doctor may and is encouraged to perform a life saving procedure if he is wearing the correct protective gear.<ref>[https://aiayk.org/pesachaudio/ Rav Asher Weiss (Aguda Teleconference, April 6, 2020, min 18-22)] explains that you can’t put yourself in danger. However, you can if you’re saving someone from an immediate danger and you’re putting yourself in minimal danger then it is a middat chasidut to do so. Therefore, a doctor should do mechanical ventilation CPR on a COVID19 patient if he has the correct protective gear.<br />
<br />
*Rav Asher (min 33) allowed sharing ventilators when the doctors see fit in order to save another life because moving a patient from a single ventilator to a shared ventilator isn't considered doche nefesh mipnei nefesh since it isn't proven to be dangerous to use a shared ventilator. He also cited the Chazon Ish regarding turning the arrow to the side killing fewer people to save more people.<br />
*Rav Asher (min 38) said that a doctor who isn't in that particular field or is retired or has vacation doesn't have to volunteer but his doing so would be a middat chasidut. However, if he is endangering himself such as if he's over 70, he is immune compromised, or has a family member who is, then he shouldn't volunteer.</ref><br />
#A doctor returning from the hospital on Shabbat and needs to shower for health reasons so as not to catch the corona virus on his body or clothing, may do so. If he can manage with a cold shower, he should do so. If he can't, he may turn on the hot water with a [[shinuy]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/951538/rabbi-hershel-schachter/piskei-corona-26-showering-when-returning-home-from-the-hospital-or-the-mikvah-on-shabbos-or-yom-tov/ Rav Schachter (Piskei Corona #26)]. See there for how he distinguishes this from the woman returning from the mikveh on Shabbat.</ref><br />
<br />
==[[Mesira]] and Rodef==<br />
<br />
#If your doctor actually ascertains that there is a sakanat nefashot, mortal danger, involved with a certain large gathering that someone is doing then it is permitted to tell the authorities. However, otherwise it is forbidden because of informing upon another Jew ([[mesira]]). This can be a very difficult measure to actually properly assess.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Willig (min 41)]</ref> Some say that it is obligatory to be moser to the police on someone who is supposed to be in quarantine and isn't.<ref>Rav Asher Weiss (teshuva "Mechuyav Bbidud" Chol Hamoed Pesach 5780)</ref><br />
#Some hold that if a person is supposed to be in quarantine and they are not they are considered a rodef. However, obviously one should first speak to him and convince him to do what is safe.<ref>[https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 36)] citing Rav Zilberstein</ref><br />
<br />
==Links==<br />
<br />
*[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal Q&A about Corona]<br />
*[https://rabbidunner.com/coronavirus-qa-with-rav-hershel-schachter/ Transcription of Q&A with Rav Schachter by Rabbi Dunner]<br />
*[https://www.theyeshivaworld.com/news/featured/1839350/no-shul-yeshivas-shabbos-guests-levayos-shiva-vaad-harabanim-of-bergen-county-releases-letter.html RCBC letter calling for the closing of Shuls and Schools]<br />
*[http://www.torahweb.org/ TorahWeb] hosts many resources for Corona halacha including Rav Schachter's Teshuvot<br />
*[http://www.kolcorona.com/ KolCorona.com] a Torah resource, initiated by Rabbi Reuven Taragin, for those affected by Corona<br />
<br />
==Sources==<br />
<references /><br />
[[Category:Orach Chaim]]</div>YitzchakSultanhttps://halachipedia.com/index.php?title=Halachot_Related_to_Coronavirus/COVID-19_Pandemic&diff=25541Halachot Related to Coronavirus/COVID-19 Pandemic2020-04-12T13:24:42Z<p>YitzchakSultan: /* Violating Shabbat for Pikuach Nefesh */</p>
<hr />
<div>[[Image:3D medical animation corona virus.jpg|right|300px]]<br />
All rabbinim agree that one should be cautious with all the health guidelines and social distancing<ref>[https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 34)] interestingly describes the sources in general about the Jewish view on handshaking and whether it is a [[Chukot Hagoyim]]. The poskim hold that in it isn't however, at this time it is forbidden because of the health concerns.</ref> set up by the government and other local institutions in order to stay safe and help prevent getting others sick.<ref>[https://www.torahanytime.com/#/lectures?v=104843 Rav Yitzchak Yosef], [http://www.torahweb.org/torah/docs/rsch/RavSchachter-with-doctors_Mar-15-2020.pdf Rav Hershel Schachter], Rav Asher Weiss (Teleconference March 22 2020), [https://www.ou.org/covid19/ OU (March 20 2020)], [https://www.torahanytime.com/#/lectures?v=106099 Rav Shmuel Fuerst (min 53)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal], [https://www.jpost.com/israel-news/leader-of-ultra-orthodox-world-calls-for-lone-prayer-due-to-coronavirus-622805 Rav Chaim Kanievsky], [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Shlomo Aviner (Keter Yitnu Lecha p. 34)], and RCBC letters. An article on [https://www.kikar.co.il/abroad/354170.html kikar.co.il] describes how the gedolim are currently davening privately including: the Gerre rebbe, Rav Shalom Kohen, Rav Gershon Edelstein, Rav Moshe Shternbuch, Rav Yitzchak Yosef, Sanser Rebbe, Rav Bakshi Doron, Rav Dovid Yosef, Bavian Rebbe, and Rav Sheiner.<br />
<br />
*Endangering Oneself to Learn Torah: Ketubot 77b records and praises the practice of Reish Lakish to teach Torah to those ill with tzarat, some translate as leprosy, even though it is contagious. The gemara explained that he did so out of his love for Torah. Daf Al Hadaf cites Mishnat Pikuach Nefesh 69:7 who asks how Reish Lakish could endanger himself and rely on a miracle. He answers that the disease he was concerned with was only dangerous to health but not life threatening.</ref> Coronavirus, as it causes a serious health threat to some people, inhibits any social gatherings and semachot, and has severely damaged the economy and livelihood of certain people, poses a serious challenge to everyone. We all need to daven and take advantage of the circumstances in order to best serve Hashem. As a thoughtful Jew, it is incumbent upon a person to take to heart some important lessons of life and re-strengthen himself in his commitments. <ref>Rambam Taniyot 1:1-3, [https://www.torahanytime.com/#/lectures?a=105844 Rav Reuven Epstein] emphasizes that we need to take a lesson from corona since it overtly a hardship for Jews and humanity and a sign from Hashem. [https://www.yutorah.org/lectures/lecture.cfm/949185/rabbi-menachem-penner/shema-everything-is-from-hashem/ Rabbi Penner] discussed how we can revitalize our strength in mitzvot at this time based on better appreciating the lessons of Shema. Rav Asher Weiss (Teleconference March 22, 2020) introduced his shiur by discussing how we can strengthen our commitment to [[Ben Adam Lchavero]]. [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha)] wrote many lengthy pieces on the hashkafic questions related to COVID19.</ref> Additionally, on a practical level, COVID19 has many implications for people, and below is a small collection of the relevant halachot.<br />
<br />
==[[Tefillah]]==<br />
When davening at home one should be cognizant of the following ideas:<br />
<br />
#The best time to pray is Netz. According to many poskim this is equivalent to praying with a minyan.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz], Laws of Praying Beyachid (Adar 5780) by Rabbi Yonatan Nacson p. 1 citing Yalkut Yosef 89:1</ref><br />
#A person should daven in a [[makom kavuah]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] and [https://www.star-k.org/videos.php Rabbi Moshe Heinemann around minutes 5-7]</ref><br />
#It is preferable to daven with two people instead of one.<ref>Rav Asher Weiss (Minchat Asher, Volume on coronavirus, Inyane Tefila section, Chapter 16, Subchapter 2, page 41). Rav Asher Weiss adds that there is no distinction between a man or a woman in this situation, so praying with one's wife or daughter is equally preferable to praying with one's son. </ref><br />
#A person should daven in front of a wall so that there's no distractions in front of him.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]</ref><br />
#A person can and should daven near a window that serves as a means of being inspired to look towards heaven.<ref>Shulchan Aruch 90:4 writes that there should be windows in a place where one davens. [https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] suggested that the same should be done for when we daven at home to daven in a place where there is a window.</ref><br />
#A person can daven [[Shemona Esrei]] aloud if it helps his kavana. It also serves as a role model for children.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]</ref><br />
#A person shouldn't daven in a room that is usually used for frivolity.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]</ref><br />
#A person shouldn't daven in front of an open bathroom.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]</ref><br />
#At a time of a plague such as our times it is advisable to say [[ketoret]] which has the power to end a plague.<ref>Laws of Praying Beyachid by Rabbi Nacson p. 2, [https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] citing Rabbi Akiva Eiger teshuva 71</ref><br />
#According to some, at this time a person should recite Avinu Malkenu in [[Shacharit]] and [[Mincha]],<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] quoting Rav Schachter</ref> while others emphasize how one must focus on Teshuvah and reciting all parts of the regular seder haTefillah first.<ref>[https://www.torahanytime.com/#/lectures?v=104864 Rav Bention Mutzafi (55:10)]</ref> Avinu Malkenu should not be recited during [[Nissan]].<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal] stated that one should not recite Avinu Malkenu during Nissan. See Divrei Yatziv OC 75 for different minhagim about saying Avinu Malkenu during Nissan. See discussion page.</ref><br />
#Eating a meal before davening when the time comes to daven a certain tefillah should be avoided since generally we are lenient about this since we go to established minyanim but for when that isn't possible we should be more strict about this.<ref>Mishna Shabbat 9b, [https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]. [https://www.star-k.org/videos.php Rabbi Moshe Heinemann] around minutes 5-7 says that if one sets an alarm, that should be sufficient</ref> See details here about [[Eating before Davening| eating]] and [[Other Activities before Davening| doing activities before davening]].<br />
#When davening as a family, in a temporary fashion, some hold that it isn't necessary to have a [[mechitza]] and the men and women can simply daven on different sides of the room.<ref>Igrot Moshe 5:12:1 writes that regarding a Shabbos Sheva Brachos since it is just the family and it is a temporary situation no mechitza is necessary.</ref> See [[Mechitza]] for more details.<br />
#A person shouldn't forget to recite [[Birkat Halevana]] by themselves when they see the moon. It can be said from indoors. See [[Birkat Halevana]] page for details.<br />
<br />
===Parts of Davening to Skip===<br />
<br />
#On Friday night an individual doesn't recite [[Shabbat_Davenings#Me.27ayn_Sheva |Magen Avot]] after Shemona Esrei of Maariv.<ref>Laws of Praying Beyachid p. 10 citing Shulchan Aruch O.C. 268:8</ref> However, one should recite Vayechulu.<ref>[https://vimeo.com/399141271 Rabbi Moshe Heinemann] at around 24:45. At around 34 minutes, he clarifies that this can be done even by yourself, though normally we try to say it with at least two </ref><br />
#One doesn't recite [[Baruch Shemey]] when praying by oneself since it is part of the activity of removing the Sefer Torah.<ref>Mishna Brurah 134:13</ref><br />
<br />
==Minyan via Porches or Technology==<br />
<br />
#It is forbidden to have a minyan in person whether it is in a shul, shteibel, home, or backyard.<ref>[https://www.ou.org/covid19/ OU]. [https://www.yutorah.org/lectures/lecture.cfm/951048/rabbi-hershel-schachter/piskei-corona-14-forming-a-minyan-outside/ Rav Schachter (Piskei Corona #14)] writes that a person shouldn't try to make a minyan on his lawn spread out even if there's a small remote chance of spreading the virus. He also held that making a minyan with ten people standing on different balconies or porches doesn't count as a minyan. [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)] writes that certainly a person should not attend a minyan because of the danger and one may not rely on the zechut of a minyan to protect him, one needs to be safe. Rav Asher Weiss agrees that one must pray alone in order to avoid potential danger (Minchat Asher, Volume on coronavirus, Inyane Tefila section, Chapter 16, page 36). </ref> There is an exemption from tefila in a minyan due to the danger of the pandemic.<ref>Rav Asher Weiss (Minchat Asher, Volume on coronavirus, Inyane Tefila section, Chapter 16, Subchapter 1, page 40).</ref><br />
#If there ten people standing on their own porches and can see one another, some say that one can not create a minyan in such a manner, while others hold that one can.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951048/rabbi-hershel-schachter/piskei-corona-14-forming-a-minyan-outside/ Rav Schachter (Piskei Corona #14)] holds that it isn't a valid minyan. However, Rav Shternbuch (teshuva Nissan 8 5780) held that it is a valid minyan. To satisfy all the opinions the shaliach tzibur should have in mind that when he does chazarat hashatz that he could be praying a voluntary tefillah. They can't join if they're across the street and within ten tefachim of the ground. The shaliach tzibur needs to be able to see everyone. For kriyat hatorah that is done with porches initially one should call up the baal koreh or anyone on his porch, then one can even call up to an aliya someone on another porch as long as he can hear the baal koreh. The kohanim should leave before retzah because they can't say birkat kohanim. Someone davening alone doesn't have to hear kriyat hatorah since it is an obligation of the community and not individual. Rav Asher Weiss (Teleconference with Aguda, April 2 2020) was also inclined to hold that it is possible to make a minyan with people on porches who can see each other.<br />
<br />
*Mishna Brurah 55:48 based on Rashba responsa 1:96 holds that one can learn from the laws of zimmun that if people can see each other they can join for minyan.<br />
<br />
Rav Asher Weiss writes that a minyan can be created between men praying from their respective porches in order to prevent the grave danger of congregating in closer proximity, and kadish and kedusha may be recited (Minchat Asher, Volume on coronavirus, Inyane Tefila section, Chapter 18, Subchapter 2, page 53)</ref><br />
#You can't create a minyan with a video (e.g. zoom or skype) or phone call but one can join a minyan of ten men in one room with a video or phone call in order to answer [[dvarim shebekedusha]].<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)], Rabbi Nacson in Laws of Praying Beyachid p. 4 based on Yalkut Yosef 5775 ed Yamim Noraim p. 17, Yabia Omer 1:19:18, Chazon Ovadia Purim p. 56</ref><br />
#It isn't considered a minyan for people to join together to daven on a video conference but it is still spiritually valuable.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)]. Rav Asher Weiss says that it is appropriate to fix a time for people to pray together remotely. Rav Asher adds it will help ascertain that prayer is done properly, on time and with concentration. Nonetheless, chazarat hashatz and devarim shebikdusha must be omitted. (Minchat Asher, Volume on coronavirus, Inyane Tefila section, Chapter 17, pages 45-46)</ref><br />
<br />
===Answering [[Amen]]===<br />
<br />
#Even if there is a time delay between the person reciting the bracha and the one answering it that wouldn't be considered an [[Amen Yetoma]].<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)], [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)], Rabbi Nacson in Laws of Praying Beyachid p. 4 based on Yalkut Yosef 5775 ed Yamim Noraim p. 17, Yabia Omer 1:19:18, Chazon Ovadia Purim p. 56, Rav Asher Weiss (teshuva "Aniyat Amen" Nissan 5780)</ref> <br />
# If there is a minyan in some place and someone hears on the phone or video a live stream some poskim allow them to answer [[kaddish]], [[kedusha]], and [[modim derabbanan]], though for kedusha they should intend that they are saying it as psukim.<ref>Rav Asher Weiss (teshuva "Aniyat Amen" Nissan 5780)</ref> <br />
<br />
===[[Megillah]]===<br />
<br />
#There is a major dispute if a person could fulfill their mitzvah of listening to the megillah on the phone or through watching a live streamed video. Some rabbanim advised this,<ref>Rav Schachter cited by [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)] and Rav Aviner agreed.</ref> while others hold that one can't fulfill one's mitzvah at all.<ref>Rav Dovid Feinstein cited by [http://podcast.headlinesbook.com/e/coronavirus-what-the-halacha-tells-us/ Rabbi Fink] and [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)]</ref> See this topic explained more fully here: [[Brachot_Through_a_Microphone]].<br />
<br />
==Netilat Yadayim==<br />
<br />
#If a person wants to wash his hands with soap and wash [[Netilat Yadayim for a meal]], one should first wash Netilat Yadyaim for the meal, dry the hands, recite the bracha, and then wash one's hands with soap and then recite the Hamotzei.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Willig (min 30-34)]</ref><br />
<br />
==Shabbat Davening==<br />
===Friday Night===<br />
<br />
#Although the reason for reciting Shalom Alechem on a Friday night is that the angels accompany you home from shul and you welcome them to your home, if one was unable to attend shul on a Friday night, he would still sing Shalom Alechem.<ref>[https://vimeo.com/399141271 Rabbi Moshe Heinemann] at around 28:30 in the name of Rav Moshe Feinstein, because Hashem will not punish you by not sending the angels when you weren't able to attend</ref><br />
<br />
===Davening for the Sick===<br />
<br />
#It is generally prohibited to daven on Shabbat for our needs or for the well-being of a sick person. However, if the person is in a state of mortal danger one may daven for his well-being on Shabbat.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951537/rabbi-hershel-schachter/piskei-corona-25-davening-for-the-sick/ Rav Schachter (Piskei Corona #25)]</ref> See [[Shabbat_Davenings#Personal_Requests]] for all of the details of this topic.<br />
<br />
===[[Kriyat Hatorah]]===<br />
<br />
#A person who is at home and can't be at shul should nonetheless read the parsha from a chumash between Shacharit and Mussaf as a way of remembering the concept of kriyat hatorah. He can use that reading as part of his reading of [[Shenayim Mikra Vechad Targum]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] quoting Rabbi Willig. [https://www.star-k.org/videos.php Rabbi Moshe Heinemann] around minutes 7-10 agrees that you should do so on Shabbat, but that it is not necessary on Monday and Thursday. </ref> Some think this doesn't accomplish anything.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950291/rabbi-hershel-schachter/piskei-corona-8-krias-hatorah/ Rav Schachter (Piskei Corona #8)]</ref><br />
#When the congregation misses a kriyat hatorah they can make it up by reading two parshiyot next week in Shul. However, if they miss multiple weeks there is a discussion if they should or could make up all of the parshiyot that they missed.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] based on Rama and Magen Avraham</ref><br />
#A person should not move a sefer torah out of a Shul for a home minyan.<ref>[https://drive.google.com/file/d/14IUOs2OOMhloqYwnbv3iKGrWS6GbYGId/view?usp=drivesdk Rabbi Yonatan Nacson in Laws of Praying Byachid (p. 10)] citing Rav Asher Weiss</ref> See [[Respecting_a_Sefer_Torah#Transporting_a_Sefer_Torah]] for more details.<br />
#There still is an obligation of [[Shenayim Mikra Vechad Targum]] when the there is no congregation doing the Kriyat Hatorah in shul.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950291/rabbi-hershel-schachter/piskei-corona-8-krias-hatorah/ Rav Schachter (Piskei Corona #8)</ref><br />
#One doesn't recite [[Baruch Shemey]] when praying by oneself since it is part of the activity of removing the Sefer Torah.<ref>Mishna Brurah 134:13</ref><br />
<br />
===Anim Zemirot===<br />
<br />
#A person davening alone doesn't have to recite Anim Zemirot.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951536/rabbi-hershel-schachter/piskei-corona-24-anim-zmiros-without-a-minyan/ Rav Schachter (Piskei Corona #24)] explains that anim zemirot was instituted only for a minyan, and according to Rav Soloveitchik was considered a [[dvar shebekedusha]].</ref><br />
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==[[Hagomel]]==<br />
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#A person who was quarantined and got out of quarantine doesn't recite Hagomel since they were in no danger.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
#A person needs to recite [[hagomel]] in front of a [[minyan]] of ten men. Some suggest that this can be recited before ten people listening on a video or phone call and can answer amen. Even though they aren't present, the minyan in this context is purely to publicize the idea so it is permissible.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)]</ref> Others disagree and as long as the minyan isn't in the same room one can not recite hagomel.<ref>Divrei Dovid 4:3</ref><br />
#According to Ashkenazim, if a person is ill with a sickness to the point that he is a choleh sheyesh bo sakana, a concern of mortal danger, he should recite Hagomel, but if he less sick than that there is no need to recite Hagomel.<ref>Rama 219:8, [http://nleresources.com/2020/03/rav-asher-weiss-coronavirus-in-halacha/#.XnoNOIjYrIU Rav Asher Weiss (March 15 2015, min 11)]</ref> Sephardic tradition is to recite Hagomel anytime someone was sick in bed such as with a flu or bad cold even for a short period of time.<ref>[https://itorah.com/global-search/birkat%20hagomel Rabbi Mansour ("Saying Birkat Hagomel Within 3 Days and Laws of Birkat Hagomel Following A Sickness")]</ref><br />
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==[[Bedikat Chametz]] and [[Biur Chametz]]==<br />
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#A person should do bedikat chametz after praying by oneself at Tzet Hakochavim and then immediately begin the bedika. They should not have a meal within a half hour of the bedika.<ref>[https://www.torahanytime.com/#/lectures?v=106099 Rav Shmuel Fuerst (min 1-5)],[https://www.yutorah.org/sidebar/lecture.cfm/950401/rabbi-dan-cohen-rabbi-meir-gavriel-elbaz/pesach-prep-simplified/ Rav Meir Elbaz (min 17-8)]</ref><br />
#Because one can't do a large communal Chametz burning because gatherings aren't safe and even doing it with a few people at a time can look to non-Jews as unsafe. Rather one should just do biur chametz with a Kezayit by flushing it down the toilet.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-3-Mar-26-2020.pdf Rav Herschel Schachter (teshuva Rosh Chodesh Nissan 5780)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]. [https://www.jpost.com/Israel-News/Chief-Rabbis-Dont-leave-home-to-burn-chametz-for-Passover-623072 Rav Yitzchak Yosef and Rav David Lau] said that one should not go outside to burn chametz or kasher pots.</ref><br />
#A person should sell chametz in the house or office if he left there before he had the chance to do a bedikat chametz. By selling the chametz there he is absolving himself of having to do bedikat chametz.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/950401/rabbi-dan-cohen-rabbi-meir-gavriel-elbaz/pesach-prep-simplified/ Rav Elbaz (min 26)], Rav Asher Weiss (Teleconference, March 29 2020 11am)</ref><br />
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==Selling [[Chametz]]==<br />
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#If a person doesn't usually [[sell chametz]] and is afraid that if he doesn't sell chametz one year he isn't going to have food afterwards he can sell his chametz. He wouldn't require a [[hatarat nedarim]].<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (min 20)], [https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 9-11)]. [http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-3-Mar-26-2020.pdf Rav Herschel Schachter (teshuva Rosh Chodesh Nissan 5780)] explained the reason why the hatarat nedarim isn't necessary. [https://vimeo.com/399141271 Rabbi Moshe Heinemann] at around 46:45 agrees that if there is a big loss one can be lenient and sell chametz and it would not require hatarat nedarim, although he isn't so sure that it would be a big loss to an individual.</ref><br />
#A person can sell his chametz on the phone or online and if possible a kinyan can be made virtually in order to appoint the rabbi to sell the chametz. The kinyan would take place as follows: the rabbi would ask if there's someone standing next to the one who wants to appoint the rabbi and if there is then that person can give a pen or a utensil to the one who wants to appoint the rabbi as his shaliach. This is considered a valid kinyan between the person standing there and the one who wants to appoint the rabbi on behalf of the rabbi to be appointed. If that isn't feasible it isn't necessary. Nonetheless, one could stipulate in the document that this appointment of the rabbi is done with the full knowledge of its legal ramifications and it is accepted completely.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-1-Mar-24-2020.pdf Rav Hershel Schachter (Teshuva dated 28 Adar 5780 p. 2)], Nefesh Harav p. 179, [https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (min 1-5)] explained that the minhag is to make a kinyan to appoint a someone to sell something for you. This is classically done with a handing of a handkerchief from the rabbi to the one selling chametz. However, when they call on the phone that isn't possible. The Steipler held in such a case it isn't necessary to be careful about that minhag and simply have the person orally declare that he appoints the rabbi. However, Rav Soloveitchik felt that we should try to fulfill the minhag in any event. How can it be fulfilled? One can have someone standing in the room next to the person on the phone give something to the person on the phone on behalf of the rabbi. That is an effective halachic kinyan on behalf of the rabbi (see Kiddushin 7a). [https://www.torahanytime.com/#/lectures?v=106099 Rav Shmuel Fuerst (min 10)] explained that one can appoint the rabbi to sell his chametz online. Rav Asher Weiss (Minchat Asher Corona p. 66) agrees. [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal] allowed appointing the rabbi online if he is a talmid chacham.</ref><br />
#There is no issue with the selling of Chametz even though the Chametz is in a locked building or in a place that isn't accessible to the non-Jew because of the coronavirus situation.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950290/rabbi-hershel-schachter/piskei-corona-10-chametz-sheeno-birshuso/ Rav Schachter (Piskei Corona #10)]</ref><br />
#Some poskim allow ordering chametz on Pesach if one is certain that it will only be delivered after pesach.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951179/rabbi-hershel-schachter/piskei-corona-17-ordering-chametz-from-a-non-jew-on-pesach-to-arrive-after-pesach/ Rav Schachter (Piskei Corona #17)] explains that it isn't considered rotzeh bkiyumo, wanting the chametz to continue to exist, to order the chametz since one doesn't insist on any particular box of chametz that the company provides. However, one certainly may not acquire it with a kinyan such as picking it up or moving it. Even if it is delivered into one's property if one has intention not to acquire it, one doesn't acquire it. Yet, one can't even protect it since doing so is an issue of rotzeh bkiyumo. [https://yeshiva-university.zoom.us/rec/play/usAsduuh-283HoLAtASDAPZ9W9S0eq2s0igX-_pez0jkW3EFZFr1M7QRa7Qf9B_vOGt5lyO0vcW9I1-0?startTime=1585760529000&_x_zm_rtaid=CQsocm3ZRaq6pGgFL5OMGQ.1585880286593.75ff95374a21dbfc2f0c45524d508e2a&_x_zm_rhtaid=674 Rav Willig (April 1 2020, min 0-2)] agreed in technical terms.</ref><br />
<br />
==Buying for Pesach==<br />
<br />
#If you have raw chicken or raw meat you don't have to worry that it is chametz even if it was processed in a place where there was chametz. You can simply wash it off to solve any question.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 11-15)]</ref><br />
#Sanitizing alcohol gel, such as Purell, isn't [[chametz]] since it isn't edible and can be used on Pesach.<Ref>Rav Asher Weiss (teshuva "Shimush Bpesach B'alchogel" Chol Hamoed Pesach 5780)</ref><br />
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==Kitniyot==<br />
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#Out of a concern of the coronavirus, this year some poskim permit taking vitamins which have additives of [[kitniyot]] in order to stay healthy and to strength one's immune system.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950289/rabbi-hershel-schachter/piskei-corona-7-kitniyos/ Rav Schachter (Piskei Corona #7)]</ref><br />
#Someone with Crohn's disease and needs to drink an enriched milk with kiniyot additives for his health can do so on Pesach. Also, he can do so within 6 hours after eating meat (see [[Waiting between Meat and Milk]]).<ref>[https://www.yutorah.org/lectures/lecture.cfm/950289/rabbi-hershel-schachter/piskei-corona-7-kitniyos/ Rav Schachter (Piskei Corona #7)]</ref><br />
<br />
==[[Kashering for Pesach]]==<br />
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#Some poskim allow [[kashering a dishwasher]] for Pesach even though there are plastic and other materials in there that are questionable to kosher. One should wait 24 hours without using it and then use with just hot water and no soap. According to Ashkenazim this should be used to kosher it from Chametz but not from meat to parve or milk or vice versa.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-3-Mar-26-2020.pdf Rav Herschel Schachter (teshuva Rosh Chodesh Nissan 5780)]</ref><br />
#Some hold that one can kasher plastic, while others disagree. See on the [[Kashering_the_Kitchen_for_Pesach#Which_materials_can_be_kashered.3F]] page.<br />
<br />
==Pesach Davening==<br />
===Hallel Pesach Night===<br />
<br />
#There is a custom of Sephardic and some Ashkenazic communities to recite Hallel Pesach night in Shul. However, being that the current situation demands that a person needs to remain inside there is no way to fulfill this minhag and should not recite Hallel after davening. Rather one should only recite it at the Seder.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950285/rabbi-hershel-schachter/piskei-corona-9-hallel-on-pesach-night-and-tefillas-tal/ Rav Hershel Schachter (Piskei Corona #9)]</ref> Some Ashkenazic poskim would allow reciting a bracha.<ref>Rav Asher Weiss (Minchat Asher Corona p. 73-4) writes that a person who has the practice to recite the Hallel the night of the seder after davening can do so with a bracha even when davening individually.</ref><br />
#According to Sephardim, one should recite Hallel the night of the seder after davening with a bracha even though one is davening at home.<ref>Yachava Daat 5:34, Teshuva written by Rabbi Mordechai Lebhar author of Magen Avot (Erev Shabbat Hagadol 5780), Kaf Hachaim 487:38-42</ref><br />
<br />
===Shir Hashirim on Chol Hamoed===<br />
<br />
#Ashkenazim generally have the custom to read Shir Hashirim on Shabbat Chol Hamoed Pesach. This year since there is no minyanim available, when one davens at home individually, there is no obligation to read Shir Hashirim. One may do so but it isn't in fulfillment of the minhag.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950655/rabbi-hershel-schachter/piskei-corona-13-shir-hashirim-on-chol-hamoed-pesach/ Rav Schachter (Piskei Corona #13)]</ref><br />
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===Tefillat HaTal===<br />
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#One can recite the piyut for tal on Pesach was only instituted for a congregation, however if one wants to recite it one may do so.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950285/rabbi-hershel-schachter/piskei-corona-9-hallel-on-pesach-night-and-tefillas-tal/ Rav Schachter (Piskei Corona #9)]</ref><br />
#In Mussaf everyone should stop saying [[Mashiv Haruach Umorid Hageshem]] and instead recite Morid Hatal because one is davening individually and one may not change from the practice of saying Mashiv Haruach of the congregation until the Shaliach Tzibur has done so and this year there are no minyanim switching at mussaf. After Mussaf, starting with Mincha, one should follow their regular minhag if they usually recite Morid Hatal or not.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950285/rabbi-hershel-schachter/piskei-corona-9-hallel-on-pesach-night-and-tefillas-tal/ Rav Schachter (Piskei Corona #9)]</ref> See [[Mashiv_HaRuach_UMorid_HaGeshem#When_to_Stop_Morid_Hageshem_and_Start_Tal]] for the background.<br />
#For Sephardim, one may begin to recite Morid Hatal in Mussaf even though he praying individually and there is no minyan nearby.<ref>Kaf Hachaim 114:8 and Halacha Brurah v. 6 p. 145 rule that the primary halacha is that there's no prohibition to begin to start to say Morid Hatal before the Shaliach Tzibbur. It is only forbidden for an individual to begin Mashiv Haruach Umorid Hageshem before the congregation does. This is the approach of the Bet Yosef citing the Ran, Pri Chadash, and Maamar Mordechai, unlike the Raavad cited by the Tur 114:2. However, in a regular year, the Kaf Hachaim and Halacha Brurah recommend being strict for the Raavad to have the Shaliach Tzibur announce before the Mussaf that everyone should begin to say Morid Hatal.</ref><br />
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==Machine Matza==<br />
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#It is permitted under extenuating circumstances to use [[machine matza]] for the mitzvah of eating matzah on the seder night.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards beginning)]. This is acceptable for Sephardim as well even with a bracha as described by Rav Ovadia Yosef in Yachava Daat 1:14 and Chazon Ovadia (Pesach Hilchot Leil Haseder 5763 Edition p. 76). [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim] holds that one should really used hand baked matzah but if one can't acquire any then one can use machine matzah. [https://yeshiva-university.zoom.us/rec/play/uMB7I-D--j83ToDAtgSDUaJ7W9Xueqis0nRK-6FfmUm0VSMBZ1qjYLIbZbHenouY882eTH8fEnI5K7DA?startTime=1585587811000&_x_zm_rtaid=5PWyeRatQdGWZ2q1UH7K6w.1585657713810.05dafc99f0c11cb46ffb1a63ddd87e47&_x_zm_rhtaid=904 Rav Willig (min 2)] has a similar approach.</ref><br />
#Some say that there's no concern to have the hand baked matzot this year.<ref>Rav Asher Weiss (Teleconference March 22 2020, min 19) said that there's no concern to use the hand-baked matzot since they were baked earlier in the year. His personal minhag is to have only hand baked matzot. In terms of using machine matzah he felt that it is only a chumra not to use them even for the mitzvah of motzei matzah and one could use them if there's no other option.</ref><br />
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==[[Eruv Tavshilin]] and [[Eruv Chatzerot]]==<br />
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#A rabbi should establish an eruv tavshilin on behalf of his whole community. Even though usually he acquires it to another person who isn't a family member on behalf of the community, this year because of social distancing one can acquire it to one's wife. <ref>[https://www.yutorah.org/lectures/lecture.cfm/951181/rabbi-hershel-schachter/piskei-corona-19-eruv-tavshillin-and-eruv-chatzeiros-and-social-distancing/ Rav Schachter (Piskei Corona #19)]</ref><br />
#An eruv tavshilin works to allow cooking from Yom Tov to Shabbat even though it isn't possible to have guests in most cases.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951181/rabbi-hershel-schachter/piskei-corona-19-eruv-tavshillin-and-eruv-chatzeiros-and-social-distancing/ Rav Schachter (Piskei Corona #19)] explained that usually we use the concept of ''hoil'', since guests might arrive who can eat the food one cooked, to permit cooking from one day of Yom Tov to Shabbat. However, this year that seems not to be applicable. Rav Schachter explained based on the Maharam Chalavah that ''hoil'' doesn't necessitate that one actually have guests or even have the ability to have guests, it is rather a halachic principle since objectively it is possible to have guests the eruv is effective.</ref><br />
#The communal eruv chatzerot continues to be effective even though the communal box of matzah's might not be accessible.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951181/rabbi-hershel-schachter/piskei-corona-19-eruv-tavshillin-and-eruv-chatzeiros-and-social-distancing/ Rav Schachter (Piskei Corona #19)] explained that since theoretically it is possible to get the box alone for a few minutes it isn't completely inaccessible (see Har Tzvi OC 2:16).</ref><br />
#It is permissible to wear a surgical mask on Shabbat outside and it isn't [[carrying]] as long as it is fastened well and won't fall off.<ref>[https://itorah.com/daily-halacha/lecture/may-one-wear-a-surgical-mask-on-shabbat-in-a-public-domain/3803 Rabbi Mansour]</ref><br />
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==Birchat Ha'ilanot==<br />
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#One can recite birkat hailanot from indoors if one can see the trees but one may not recite them by seeing the trees on a video.<ref>Ateret Paz p. 154-6</ref> See the [[Birchat HaIlanot]] for more details and sources.<br />
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==[[Tanit Bechorot]]==<br />
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#A person should try to finish a short masecheta to make his own siyum.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-1-Mar-24-2020.pdf Rav Hershel Schachter (Teshuva dated 28 Adar 5780 p. 2)], [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref> Some say that learning one masechta with Bartenura is sufficient.<ref>[https://itorah.com/daily-halacha/lecture/ta-anit-bechorot-during-the-coronavirus-pandemic/3802 Rabbi Mansour], [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref><br />
#Many poskim say that he can rely on a siyum over the phone or video livestream.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-1-Mar-24-2020.pdf Rav Hershel Schachter (Teshuva dated 28 Adar 5780 p. 2)]. [https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards beginning)]. [https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 1-4)] explained that Rav Schachter and Rav Shlomo Zalman Auerbach hold that it is enough to listen and join with the siyum over the phone or video call. However, other poskim don't like this leniency. Rav Asher Weiss (Teleconference March 22 2020, min 7) agreed that one can be yotzei with a siyum over the phone or video for the tanit bechorot. [https://www.torahanytime.com/#/lectures?v=106099 Rav Shmuel Fuerst (min 6)] agreed that this year you can be yotzei the siyum over the phone since it is an extenuating circumstance. [https://youtu.be/Yo6IJi2V-bw Rav Avigdor Nevinsal] agreed that you can be part of a siyum over the phone and the meal one has afterwards is a seudat mitzvah. [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim] holds that it is better to make a siyum oneself even on a tractate of mishna but if that's not possible one can listen on the phone.</ref><br />
#Some say that in the event one can't make one's own siyum or even hear someone else's, one doesn't need to fast this year in order to maintain strength in this time of a health crisis.<ref>[https://itorah.com/daily-halacha/lecture/ta-anit-bechorot-during-the-coronavirus-pandemic/3802 Rabbi Mansour]</ref><br />
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==Birkat Halevana==<br />
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#Ideally one should recite birkat halevana outdoors.<ref>Rama 426:4</ref> If one can not do so one can recite Birkat Halevana from inside but initially one should open the window.<ref>Pri Megadim M"Z 426:4, Mishna Brurah 426:21</ref> See the [[Birkat HaLevana]] page.<br />
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==Chol Hamoed==<br />
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#One can't buy stocks or sell them on Chol Hamoed, however, if not selling them could lead to a loss of one's original capital that one invested one can sell it.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref><br />
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See [[Chol Hamoed]] for many details.<br />
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==Using Zoom for the Seder==<br />
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#Although a minority of rabbis allow using Zoom for this emergency situation in a very extenuating circumstance where an elderly single person is alone for the seder away from family because of the quarantines to use technology to leave a video conference going for Yom Tov to join with a family seder,<ref>[http://www.israelnationalnews.com/News/News.aspx/277764 Rabbi Eliyahu Abergel and other rabbis]</ref> most rabbis consider this to be a breach of halacha.<ref>Rav Asher Weiss (Teleconference March 22 2020 11am, min 39; teshuva in Minchat Asher Corona pp. 75-6), [http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-2-Mar-25-2020.pdf Rav Herschel Schachter (teshuva Adar 29 5780)], [https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 20-22)], [https://www.inn.co.il/News/News.aspx/432065 Rav Yosef Tzvi Rimon]. Rav Willig's held that it is absolutely forbidden and it is a tremendous zilzul Shabbat besides questions of others prohibitions of Shabbat.</ref> There is a discussion if the firstgroup of rabbis retracted.<ref>[https://vosizneias.com/2020/03/24/the-heter-for-zoom-at-the-seder-is-incorrect-and-should-be-retracted/ Rabbi Yair Hoffman] describes how 3 of the original signers of the lenient ruling would only permit under life and death needs and not in general. However, [https://www.jpost.com/israel-news/zoom-passover-seder-rabbis-hit-back-at-critics-622494 another article] describes how some of the original rabbis who were lenient confirmed their opinions.</ref><br />
#It is suggested to perform a pre-pesach zoom seder for people who you can't invite to your seder in order to share divrei torah, songs, and the experience of the seder before Yom Tov.<ref>[https://www.inn.co.il/News/News.aspx/432065 Rav Yosef Tzvi Rimon]</ref><br />
#For someone who is clinically depressed to the point that there is a concern of suicide or just losing one's mind it is permitted to use a phone to call him to cheer him up and check on him. However, if there's a way to check the patient before Pesach one should do so.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-2-Mar-25-2020.pdf Rav Herschel Schachter (teshuva Adar 29 5780)]. [https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Willig (min 24)] agrees that we violate Shabbat for someone who is suicidal but they can use the phone.</ref> A person should check with his rabbi in each case.<br />
#A person should recite Ha lachma anya this year as one would any other year, even though that phrase is a call for inviting guests and this year that is impossible.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951299/rabbi-hershel-schachter/piskei-corona-21-can-we-say-kol-dichfin-this-year-/ Rav Schachter (Piskei Corona #21)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
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==[[Sefirat Haomer]]==<br />
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#If someone couldn't get a hair cut because the barbers were all closed before Pesach, then if one reached the point when it very noticeably long and people would tell him to get a haircut he can take a haircut during [[Sefira]]. Today it can be estimated that if it has been more than 2 months since his last haircut he can take a haircut during the Sefira.<ref>https://www.yutorah.org/lectures/lecture.cfm/950659/rabbi-hershel-schachter/piskei-corona-16-haircuts-on-chol-hamoed-and-sefira/ Rav Schachter (Piskei Corona #16)</ref><br />
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==Mikveh==<br />
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#Each community rabbi needs to decide these sort of questions however in theory it is possible for the Mikva to remain open and allow women who aren't having symptoms or aren't quarantined to go to Mikva. They should be extra careful about hygiene and prepare completely at home, go to the Mikva where there is no contact with anyone besides a brief contact with the water which has chemicals for cleanliness. Then upon returning home there are poskim who allow the woman to take a shower when she gets home to clean herself off.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/950654/rabbi-hershel-schachter/piskei-corona-12-showering-after-the-mikvah/ Rav Hershel Schachter (Piskei Corona #12)], [https://www.torahanytime.com/#/lectures?v=105574 Rabbi Shay Tahan]. Rav Asher Weiss (March 29 2020) said it is obviously permitted to overlook the chumra of not showering when the woman returns from mikveh at these times.</ref><br />
#On Shabbat, if a woman goes to mikveh she can not take a hot shower when she gets back since turning on the hot water is causing cold water to enter the boiler and cook. Rather she should either decide to take a completely cold shower or delay the mikveh until Motzei Shabbat. She should also not decide not to take a shower at all because one shouldn't do something unsafe when there's an option to delay going to mikveh.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951538/rabbi-hershel-schachter/piskei-corona-26-showering-when-returning-home-from-the-hospital-or-the-mikvah-on-shabbos-or-yom-tov/ Rav Schachter (Piskei Corona #26)]</ref><br />
#On Yom Tov, according to those who are lenient to permit [[showering on Yom Tov]], when a woman returns from the mikveh should do so. Rav Schachter's opinion is that it is only permitted to take a shower on Yom Tov with water that is just hot enough to remove the chill from the water (less than lukewarm). If she decides she doesn't want to take such a shower, she should delay going to mikveh until after Yom Tov.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951538/rabbi-hershel-schachter/piskei-corona-26-showering-when-returning-home-from-the-hospital-or-the-mikvah-on-shabbos-or-yom-tov/ Rav Schachter (Piskei Corona #26)]</ref><br />
#The OU has established [https://www.ou.org/covid-19-and-the-mikvah-recommended-protocols/?utm_source=SilverpopMailing&utm_medium=email&utm_campaign=Mikvah%20Guidance%20(1)&utm_content=&spMailingID=32100310&spUserID=MTM2NTc0Mjg0NTYwS0&spJobID=1683098314&spReportId=MTY4MzA5ODMxNAS2 health guidelines] in order to allow a mikveh to remain open.<br />
#The RCBC also stated that Mikva's are remaining open for the time.<ref>[https://www.theyeshivaworld.com/news/featured/1839350/no-shul-yeshivas-shabbos-guests-levayos-shiva-vaad-harabanim-of-bergen-county-releases-letter.html RCBC letter on yeshivaworld.com]</ref><br />
#The men's mikveh's should be closed at this time. Even if a person is careful to go to mikveh each day he can fulfill this custom by taking a 5 minute shower.<ref>Rav Asher Weiss (Teleconference March 22 2020, min 12)</ref> See [[Preparations_for_Davening#Going_to_Mikveh]] for details.<br />
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==Tevilat Kelim==<br />
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#Each community should decide whether or not close the kli mikveh out of a safety concern. You can do the [[tevilat kelim]] in the ocean.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 5-9)], [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref><br />
#Alternatively, one can use tevilat kelim in the mikvah while wearing gloves, then throw out the gloves, wash off the kelim with soap and water. If the community has other procedures for safety one should observe them.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 5-9)], [https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 3-4)]</ref><br />
#As a last resort one can avoid tevilat kelim by giving the pots to a non-Jew and borrowing them back. One can rely on this until the virus passes.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 5-9)], [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]. [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal] said that one could rely upon this if there was no other option. [https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 14-16)] allows selling the kelim to a non-Jew. Rav Yosef Tzvi Rimon (teshuva dated Nisan 1 5780) recommended this.</ref> If one can't sell or gift the pots to a non-Jew oneself one can do so online through [https://nirshamti.co.il/e-%D7%98%D7%91%D7%99%D7%9C%D7%94/ Zomet].<br />
#Another option is for a person to declare the pots that need tevilat kelim to be ownerless (hefker) in front of 3 Jews. One has to have full intent that the pots are ownerless and if someone took them one would have no claim upon them. If these Jews can't be there in person it is sufficient if they are present through social media technology but they should be people who live in the neighborhood. They should then leave the pots outside their house for a few minutes so that if someone wanted to take them they could. <ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-1-Mar-24-2020.pdf Rav Hershel Schachter (Teshuva dated 28 Adar 5780 p. 1)], [https://itorah.com/daily-halacha/lecture/if-one-has-new-utensils-which-he-is-unable-to-immerse/3801 Rabbi Mansour]</ref> Others disagree.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 5-12)] said that one shouldn't use the solution to make the pots hefker since you're using the kelim. See Sefer Tevilat Kelim p. 84 based on Maharil Diskin. See S"A Harav 445:1 that hefker that isn't meaningful since you plan to reacquire it isn't a solution. However, Rav Elyashiv and Rav Soloveitchik allowed it in extenuating circumstances. Rav Asher Weiss (Minchat Asher Corona p. 72) writes that one should avoid using new pots and relying on this leniency to mafkir but in an extenuating circumstance one can rely on it.</ref><br />
#If there's are no solutions, some poskim would allow using the pots without tevilat kelim in this extenuating circumstance.<ref>Rav Asher Weiss (Teleconference, March 22 2020 11am), Rav Yosef Tzvi Rimon (Teshuva dated Nisan 1 5780)</ref><br />
#Regarding a seder plate and kos shel eliyahu requiring tevilah, see [[Tevilat Kelim]] page.<br />
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==[[Brit Milah]]==<br />
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#A Brit Milah can be done without a minyan since gatherings aren't safe.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
#A grandfather or someone else involved in a brit milah via zoom can recite the naming of the baby but he should not recite the bracha of asher kidash yadid mbeten.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951300/rabbi-hershel-schachter/piskei-corona-22-participating-in-a-simcha-via-zoom/ Rav Schachter (Piskei Corona #22)]</ref><br />
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==Naming a Girl==<br />
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#Although normally we try to name a baby girl at an aliya to the Torah, a person doesn't need a minyan in order to name a girl and under the circumstances should do so without delay.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Neventzal], [https://www.yutorah.org/lectures/lecture.cfm/950292/rabbi-hershel-schachter/piskei-corona-11-krias-shem-for-a-baby-girl/ Rav Schachter (Piskei Corona Teshuva #11)], [https://vimeo.com/399141271 Rabbi Moshe Heinemann] at about 16:45</ref><br />
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==Bar Mitzvah's==<br />
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#[https://www.torahanytime.com/#/lectures?v=105558 A message for Bar Mitzvah Boys in the Lockdown by Rabbi Pesach Krohn]<br />
#A bar mitzvah boy who missed the opportunity to read his parsha in shul when he became bar mitzvah'ed when it is next possible to go to shul he can add his parsha as a hosafa and read it then. Additionally, the haftorah can follow that hosafa.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards end)]</ref><br />
#The father of a Bar Mitzvah boy who couldn't layn should wait until he can do something that shows he's Bar Mitzvah like layn or daven as Shaliach Tzibbur to make such a bracha.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
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==Weddings==<br />
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#Ideally a wedding shouldn't be pushed off if both parties are ready even though it means having a tiny wedding.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal], [https://www.kimizion.org/maamar/5780_5784/keter.pdf (Keter Yitanu Lecha p. 38)]</ref><br />
#A rabbi should not officiate at a wedding that isn't abiding by the CDC guidelines of health because he is furthering unsafe practices.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards beginning)]</ref><br />
#It has been asked whether or not the poskim are more lenient this year regarding weddings during [[Sefira]] but the answer is that it is not determined because the situation is still unclear.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref> Some are lenient but it is best to schedule for [[Rosh Chodesh]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref><br />
#If in this dire situation it isn't possible to have a minyan, it is possible to have a wedding nonetheless without [[Sheva Brachot]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/951180/rabbi-hershel-schachter/piskei-corona-18-getting-married-with-less-than-10-men-present/ Rav Schachter (Piskei Corona #18)] explained that although it isn't possible to recite Sheva Brachot and seemingly they forbid the couple to each other without Sheva Brachot in this extenuating circumstance one can rely upon the opinion that the wedding is valid and they are permitted even without Sheva Brachot (see Nodeh Beyehuda EH 1:56). For birkat erusin certainly having a minyan isn't critical (Shulchan Aruch E.H. 34:4) although it is preferable and in this circumstance unnecessary. From Bet Shmuel 64:4 it appears to be a dispute between the Shulchan Aruch and Rama whether one is allowed to have a wedding at all if it is extremely difficult to get a minyan, the Rama being lenient. </ref><br />
#A minyan for [[sheva brachot]] can not be created via Zoom. Additionally, one can't recite a bracha of sheva brachot for the couple via Zoom.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951300/rabbi-hershel-schachter/piskei-corona-22-participating-in-a-simcha-via-zoom/ Rav Schachter (Piskei Corona #22)]</ref><br />
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==[[Fast Days]]==<br />
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#If the rabbis declare a half fast day until [[Chatzot]] according to Ashkenazim an individual can recite [[Anenu]] in Mincha Shemona Esrei<ref>Rama 562:1 writes that Ashkenazim hold that even for an incomplete fast one can recite anenu. Mishna Brurhah 562:48 references this Rama in discussing a fast that was accepted to fast until chatzot. The Mishna Brurah 562:7 cites a debate as to whether one should omit the words צום תעניתנו while reciting עננו in such a scenario as many poskim argue that a half fast is not considered a fast and therefore one would not want to risk speak falsely, particularly when he is speaking to Hashem.<br />
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*[https://www.theyeshivaworld.com/news/israel-news/1841977/hagaon-harav-chaim-kanievsky-calls-to-fast-for-half-a-day-on-erev-rosh-chodesh.html Rav Chaim Kanievsky] declared a half fast on Erev Rosh Chodesh Nissan 5780.</ref> assuming he is still fasting when he prays Mincha.<ref>Mishna Brurah 562:6</ref> According to Sephardim one can only recite anenu if one fasts the entire day.<ref>Shulchan Aruch 562:10-11 holds that a incomplete fast is not considered a fast with respect to saying anenu. Therefore if one only fasts until chatzot one should not recite anenu.</ref><br />
#A person should accept the fast from the day before, as is traditionally done at mincha time. If one didn't do so, according to Sephardim one shouldn't recite anenu, but according to Ashkenazim one can recite anenu.<ref>Shulchan Aruch and Rama 562:5</ref><br />
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==Mezuzah==<br />
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#A person should not kiss any mezuzah, or any siddur or chumash of a shul or a public area at this time because of concern of spreading COVID19.<ref>[https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)], [https://www.jpost.com/israel-news/chief-rabbi-of-israel-due-to-coronavirus-stop-kissing-the-mezuzah-619753 Chief Rabbi Rabbi David Lau]</ref><br />
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==Shalom Bayit==<br />
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#It is critical to be mindful of other people when everyone is under stress and no one is completely comfortable. [https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Dr. Pelcovitz] discusses the implications quarantine can have Shalom Bayit.<br />
#It is forbidden for a couple to have [[tashmish]] at a night of famine<ref>Gemara Tanit 11a, Shulchan Aruch O.C. 240:12</ref> since everyone is in distress it is incumbent on everyone to take upon himself an aspect of distress.<ref>Mishna Brurah 574:9</ref> The same is true for any time of societal distresses.<ref>Rama 240:12 based on Yerushalmi Tanit. Olot Tamid 240:6 (cited by Kaf Hachaim 240:85) understands the Rama to apply to any type of tragedy that we would declare a fast over.</ref> Others disagree.<ref>Shaarei Knesset Hagedola (Hagahot Tur 240:5) writes that tashmish is only forbidden during a famine, plague of the crops, locusts and the like which cause a famine but not for other tragedies or troubles. Kaf Hachaim 240:85 rules like the Shaarei Knesset Hagedola either because that is the explanation of the Yerushalmi or we don't follow the Yerushalmi.</ref><br />
#It is permitted to have tashmish on mikvah night.<ref>Shulchan Aruch O.C. 574:11 writes that it is permitted for a couple to have tashish on mikva night. Mishna Brurah 574:11 cites the Magen Avraham who argues with Shulchan Aruch but then he cites the Bigdei Yesha and Nahar Shalom who are lenient and there's what to rely on to follow Shulchan Aruch. Mishna Brurah concludes that certainly one can be lenient at a time when it isn't a famine and it is just another time of distress in the world.</ref><br />
#It is permitted to have tashmish for a couple who didn't yet fulfill [[pru urevu]].<ref>Shulchan Aruch O.C. 240:12, 574:4, Mishna Brurah 240:47</ref> Once his wife is pregnant this leniency doesn't apply.<ref>Mishna Brurah 574:12</ref><br />
#If he has a strong yetzer hara and there is a concern of [[hashchatat zera]] it is permitted.<ref>Mishna Brurah 240:46</ref><br />
#There is what to rely upon to have tashmish at a time of war and there is no midat chasidut to be strict, especially for young couples even for someone who fulfilled pru urevu.<ref>Tzitz Eliezer 13:21</ref><br />
#During the time then the plague of corona virus is rampant in the world there is a lot to rely upon to have tashmish. Someone who wants to be strict can do so.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949166/rabbi-ally-ehrman/is-tashmish-hamitta-permitted-during-the-coronavirus-pandemic-/ Rabbi Ehrman on yutorah]. Rav Asher Weiss (Zoom Conference, March 22 2020, 11am, min 15) was lenient he said that the situation presently isn't one that rises to the level where we need to declare a fast. Also, since domestic violence recently has been on the rise because of the quarantines one shouldn't be strict in this area. </ref><br />
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==Laid off Workers and Cancelled Contracts Because of Corona==<br />
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#If there's a employee that is unable to work because of a societal or national crisis the employees should continue to be paid by the employers according to many opinions or at least they should make a compromise.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949287/rabbi-michoel-zylberman/coronavirus-and-laid-off-employees/ Rabbi Zylberman on yutorah]. Mordechai b"m 343 writes that if there's a decree in the town that the teachers can't teach the teachers should still be paid. Rama C.M. 321:1 cites this Mordechai and applies it to any worker in 334:1. The Sama 334:2 argues with the Mordechai and holds that since the employee can't work and both aren't at fault and both couldn't foresee this the employer is exempt. Netivot 334:1 limits the idea of the Mordechai to a teacher and not other employers since a teacher is paid for sachar betela (see [[Laws_of_Learning_Torah#Taking_Money_for_Learning_and_Teaching_Torah]]). Shach 334 holds that this opinion of the Mordechai only applies if majority of the town ran away because of a crisis but if only a minority runs away then the employee isn't entitled to payment. Aruch Hashulchan 334:10 has another approach. If the situation prevents the worker from working then he is entitled to pay but if he runs away then he isn't. Rabbi Zylberman explained from Mishpat Poalim we think that this is a case of Hamotzei Mchavero Alav Harayah, whoever is holding onto the money can claim that he is exempt from paying or returning the money. Rav Asher Weiss in Minchat Asher 2:106 says that they should make a compromise, and Rav Bleich ([https://www.sefaria.org/Contemporary_Halakhic_Problems%2C_Vol_IV%2C_Chapter_XIV_The_Intifada_and_the_Gulf_War.35?lang=bi&with=all&lang2=en Contemporary Halachic Problems v. 4]) thinks that we follow the Rama. Once the Chatom Sofer had a case in his town and he felt that they should pay but he couldn't force everyone to pay it so he told them to pay half. Rav Yona Reiss had a case where they made a compromise. <br />
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*Rav Asher Weiss (Zoom Conference, March 22 2020, 11am, min 21-25) thought that one should compromise and give the workers who aren't working 30% of their pay. This applies Jewish and non-Jewish workers. This is based on the Rama and Sama CM 221. As for the day schools and daycares that are closed and not providing services one theoretically should be exempt. Since it might be devastating to the schools one needs to wait until the government makes a decision. Either way, we should wait until there is a major decision from the government or authorities and follow that. Until then for the schools we should pay so that the teachers can have a salary for their [[parnasa]].</ref><br />
#This applies to contractors for cancelled events as well.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949287/rabbi-michoel-zylberman/coronavirus-and-laid-off-employees/ Rabbi Zylberman on yutorah]</ref><br />
#If someone rented out an apartment to someone and then he wants to retract because of a concern that the potential tenants have the virus, some say that it is forbidden to back out of the contract.<ref>[http://kol-barama.co.il/item/%D7%A4%D7%99%D7%A7%D7%95%D7%97-%D7%A0%D7%A4%D7%A9-%D7%A7%D7%95%D7%A8%D7%95%D7%A0%D7%94-%D7%A2%D7%A4%D7%99-%D7%94%D7%94%D7%9C%D7%9B%D7%94/ Rav Yakov Sinai] based on Rama in teshuva, Shach CM 312 and other sources</ref> The same is true of a hotel or pesach program that was cancelled.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951789/rabbi-hershel-schachter/piskei-corona-27-the-importance-of-tzedaka-and-chesed/ Rav Schachter (Piskei Corona #27)] writes that it is important to reach a peshara, compromise, with respect to the question of how much a person should be paid in return for the pesach programs that were cancelled.</ref><br />
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==Yeshiva Tuition==<br />
See previous section about the background for this question.<br />
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#Even though the question of whether a person should pay tuition while it is closed is subject to debate a person should make sure to pay in full as the yeshivot do not have enough money and it is critical to give tzedaka at this time, which is a great merit to protect oneself from any danger.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951789/rabbi-hershel-schachter/piskei-corona-27-the-importance-of-tzedaka-and-chesed/ Rav Schachter (Piskei Corona #27)</ref><br />
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==[[Bikur Cholim]]==<br />
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#A person doesn't have to and shouldn't visit someone who has a virus that contagious such as corona.<ref>[http://kol-barama.co.il/item/%D7%A4%D7%99%D7%A7%D7%95%D7%97-%D7%A0%D7%A4%D7%A9-%D7%A7%D7%95%D7%A8%D7%95%D7%A0%D7%94-%D7%A2%D7%A4%D7%99-%D7%94%D7%94%D7%9C%D7%9B%D7%94/ Rav Yakov Sinai (min 3)] explains that although the Rama in a teshuva and Knesset Hagedola hold that one should visit the sick even if they have a contagious disease, the Shulchan Gavoha and others disagree and that is the halacha.</ref><br />
#A person fulfills the mitzvah of bikur cholim on the phone according to many poskim.<ref>[https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Shlomo Aviner (Keter Yitnu Lecha p. 34)] citing Igrot Moshe YD 1:223 and Tzitz Eliezer 8:5. Rav Aviner added that the main idea of bikur cholim is to do what is best for the patient and in our context that is to call.</ref><br />
#Someone who is praying for a mortally ill patient to get better and doesn't know if he is still alive should pray for his well-being and not specifically for him to get better.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951537/rabbi-hershel-schachter/piskei-corona-25-davening-for-the-sick/ Rav Schachter (Piskei Corona #25)]</ref><br />
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==Burial and Mourning==<br />
===Burial===<br />
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#Each place should follow the guidelines that are in place for safety. If a minyan isn't possible, then the next thing that is to try to have is Jews doing the burial. If they don't even let that, then afterwards a Jew should check that the burial by the non-Jews was done properly in the ground.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 26-8)]. [https://www.yutorah.org/sidebar/lecture.cfm/951298/rabbi-hershel-schachter/piskei-corona-20-tahara-for-meisim/ Rav Schachter (Piskei Corona #20)] said that they should specifically have as few people as possible for the burial and maybe just the workers and that too fulfills the mitzvah of burial.</ref> It is forbidden to cremate and it is still considered not dangerous to properly do a burial with no tahara and minimal involvement of the fewest people or simply the cemetery workers.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951298/rabbi-hershel-schachter/piskei-corona-20-tahara-for-meisim/ Rav Schachter (Piskei Corona #20)]</ref><br />
#At this time the chevra kadisha should not perform a tahara for the deceased since it could lead to danger.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951298/rabbi-hershel-schachter/piskei-corona-20-tahara-for-meisim/ Rav Schachter (Piskei Corona #20)]</ref><br />
#A person who was buried in America because of the corona virus but was planned to be buried in Israel can later when the virus isn't an issue be reburied in Israel, even though generally we don't rebury someone who was buried.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)]</ref> See the topic of [[Laws_and_Customs_of_a_Funeral#Under_What_Circumstances_is_it_Permitted_to_Move_Someone_Buried.3F|reburying a corpse]] in general.<br />
#Regarding burials on Yom Tov and Yom Tov Sheni, see [https://www.yutorah.org/lectures/lecture.cfm/951790/rabbi-hershel-schachter/piskei-corona-28-guidelines-for-burial-on-shabbos-and-yom-tov/ Rav Schachter's Guidlines for burial on Shabbat and Yom Tov]<br />
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===Kriyah===<br />
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#The rabbi could do the [[Kriyah]] for the mourner with gloves and a mask or he can simply tell the mourner to do it.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Willig (min 29)]</ref><br />
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===Avelut===<br />
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#A person who is no going to be involved in the burial anymore because the deceased was given to the chevra kaddisha then he is not considered an [[Onen]] anymore and should begin [[Avelut]] (mourning). However, if he is going to call relatives to tell them about the levaya then he is still an [[Onen]].<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)]</ref>. If he is going to watch the burial with Zoom or listen on the phone it is unclear if he is still an Onen.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)] isn't certain if a person involved in the burial merely because he is watching via Zoom is still considered an Onen. [https://www.yutorah.org/sidebar/lecture.cfm/839779/rabbi-asher-bush/%d7%94%d7%aa%d7%97%d7%9c%d7%aa-%d7%90%d7%91%d7%99%d7%9c%d7%95%d7%aa-%d7%9c%d7%9e%d7%99-%d7%a9%d7%90%d7%99%d7%a0%d7%95-%d7%a0%d7%9e%d7%a6%d7%90-%d7%91%d7%a7%d7%91%d7%95%d7%a8%d7%aa-%d7%90%d7%91%d7%99%d7%95-%d7%95%d7%9e%d7%a9%d7%aa%d7%aa%d7%a3-%d7%a2-%d7%99-%d7%94%d7%98%d7%9c%d7%a4%d7%95%d7%9f/ Rav Asher Bush] wrote based on MPeninei Harav p. 202 that he considers someone phoning into a burial to not be an Onen unless they're going to ask him questions about the burial.</ref><br />
#On [[Erev Pesach]] if someone is buried before [[Chatzot]] (midday) the relatives should observe [[Avelut]] (mourning) before Chatzot and then at Chatzot it is considered like a Yom Tov and the rest of the [[Shiva]] is cancelled. If the person is buried after [[Chatzot]] they should observe Avelut before Yom Tov and then the Yom Tov will come and cancel the rest of [[Shiva]].<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)]</ref><br />
#A mourner shouldn't eat his first meal after the burial, the [[Seudat Havrah]], from his own food; other should provide that food. If at this time when people are concerned for COVID19 and might not send food, if the mourner knows that he isn't going to be sent food, he can eat the first meal from his own food.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)]</ref><br />
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===Kaddish and Iyluy Neshama===<br />
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#Under the circumstances a person can not recite the kaddish because minyanim aren't available. Therefore, a person should take upon himself to learn mishnayot for the deceased.<ref>Rav Asher Weiss (Minchat Asher Corona pp. 58-9)</ref><br />
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See [[Practices_in_the_Mourner%27s_House#Iyluy_Neshama]] and [[Kaddish]] pages.<br />
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==[[Kibbud Av Vem]]==<br />
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#If one's parents ask him to do something which the department of health has deemed unsafe a person should not listen to his parents in such a case and that isn't a breach of Kibbud Av Vem.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-2-Mar-25-2020.pdf Rav Schachter (Teshuva Adar 29 5780)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
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==Violating Shabbat for [[Pikuach Nefesh]]==<br />
'''On Shabbat or Yom Tov, if anyone has any concern whatsoever that they are in serious danger because of deteriorating health, they should immediately call a doctor or [[Going_to_and_Staying_in_the_Hospital_on_Shabbat|go to the hospital]].'''<br />
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#It is a well established halacha that it is not only permitted but even a mitzvah to violate [[Shabbat]] in order to safe a life or to remove a situation that presents even a slight chance of danger.<ref>Shulchan Aruch O.C. 328:13</ref> The question is how to define the threshold of danger.<ref>[http://nleresources.com/2020/03/rav-asher-weiss-coronavirus-in-halacha/#.XnoNOIjYrIU Rav Asher Weiss (March 15 2020, min 18-22) to Beit Midrash Gavoha] explained that the definition of danger in order to violate Shabbat isn't defined by statistics. For vaccinations we assume that it is a sakana not to vaccinate even though the odds of dying because of the measles is low. Since it is preventable it is incumbent upon us to vaccinate. He concludes that as long as it is a natural phenomenon and there is an action that we can do to prevent deaths we must do so.</ref><br />
#In certain cases of emergency regarding corona virus it would be allowed to violate Shabbat.<ref>[https://www.theyeshivaworld.com/news/headlines-breaking-stories/1841156/harav-zilberstein-answer-telephone-on-shabbos-if-awaiting-results-of-coronavirus-test.html Rav Zilberstein] allowed a patient to answer the phone on Shabbat with a [[shinuy]] only to hear the results of a test and answer questions for epidemiological investigation. If the test results that show that a patient has the virus are produced on Shabbat it is incumbent for the health department to deal with the quarantine then and it is permitted to answer the phone for that.</ref> Obviously every single case is different and one should learn the laws of Pikuach Nefesh from a rabbi in advance.<br />
#If a person is discharged from the hospital on Shabbat and they need him to leave because of the lack of space that they have because of the numbers of people who are ill, his family member can drive to get him. They should do a [[Shinuy]] when turning on the car like turning the key with one's weaker hand, or pressing the button on the key with one's knuckle. Also, when turning off the car one should use a Shinuy.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950282/rabbi-hershel-schachter/piskei-corona-6-pikuach-nefesh-on-shabbos/ Rav Schachter (Piskei Corona #6)]</ref><br />
#If a relative is in the hospital and the family members would call the hospital that would indicate to the doctors and nurses that the family cares and the patient will receive better treatment, it is permissible to do so on Shabbat or Yom Tov.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951791/rabbi-hershel-schachter/piskei-corona-29-calling-the-hospital-on-shabbos-or-yom-tov-to-advocate-for-relatives/ Rav Schachter (Piskei Corona #29)]. [https://www.theyeshivaworld.com/news/featured/1848379/important-message-from-flatbush-hatzolah-about-family-members-in-hospitals.html Flatbush Hatzolah] announced the same thing but they said that the calling and hanging up should be done with a shinuy.</ref><br />
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==Doctors Working in the Hospital==<br />
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#Regarding the larger issue of halachic triage see [https://www.yutorah.org/lectures/lecture.cfm/951531/rabbi-hershel-schachter/piskei-corona-15-triage-in-medical-decisions-updated-/ Rav Schachter (Piskei Corona #15 Updated)]. Here is a relevant [https://docs.google.com/document/d/1CtQ_XHzQarzg_0PEQODCO1ATKlM_cEmvPsXa8kdpgJA/edit sourcesheet on Halachic Triage]. [https://aiayk.org/pesachaudio/ Rav Asher Weiss (Teleconference April 6 2020, min 5-15)] discusses triage in halacha and what doctors should do.<ref>Rav Asher feels that there are only two factors that we consider for halachic triage: give precedence to someone who is in immediate danger, and give treatment to whoever has a better chance for survival. Age or spiritual need for the community are not factors for precedence. <br />
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*Rav Asher says that for choleh shebifanenu the knowledge that another choleh is going to come in soon is considered pikuach nefesh if will with certainty be helpful. Therefore, if an older patient comes into the hospital but they know a younger patient is going to come in, they can consider them as though they came in together and treat according to who is in immediate danger and who has the better chance to live. Rav Schachter felt the same way in his teshuva.<br />
*If a hospital has a certain regulation, does he need to disregard the hospital protocols? Rav Asher Weiss felt that the doctors should not disregard hospital protocol, for multiple reasons but partly because if he doesn't he'll lose his license and having more able doctors at this time is pikuach nefesh.<br />
*Pulling a patient off a ventilator because someone entered the hospital who has a better chance of living, Rav Asher (min 27) felt is forbidden. Rather the doctor should say that he feels uncomfortable to do this and should let another doctor do it. Rav Schachter felt that one should try to convince the older patient to sign a DNR at that point in order to save the younger patient.</ref><br />
#A doctor may and is encouraged to perform a life saving procedure if he is wearing the correct protective gear.<ref>[https://aiayk.org/pesachaudio/ Rav Asher Weiss (Aguda Teleconference, April 6, 2020, min 18-22)] explains that you can’t put yourself in danger. However, you can if you’re saving someone from an immediate danger and you’re putting yourself in minimal danger then it is a middat chasidut to do so. Therefore, a doctor should do mechanical ventilation CPR on a COVID19 patient if he has the correct protective gear.<br />
<br />
*Rav Asher (min 33) allowed sharing ventilators when the doctors see fit in order to save another life because moving a patient from a single ventilator to a shared ventilator isn't considered doche nefesh mipnei nefesh since it isn't proven to be dangerous to use a shared ventilator. He also cited the Chazon Ish regarding turning the arrow to the side killing fewer people to save more people.<br />
*Rav Asher (min 38) said that a doctor who isn't in that particular field or is retired or has vacation doesn't have to volunteer but his doing so would be a middat chasidut. However, if he is endangering himself such as if he's over 70, he is immune compromised, or has a family member who is, then he shouldn't volunteer.</ref><br />
#A doctor returning from the hospital on Shabbat and needs to shower for health reasons so as not to catch the corona virus on his body or clothing, may do so. If he can manage with a cold shower, he should do so. If he can't, he may turn on the hot water with a [[shinuy]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/951538/rabbi-hershel-schachter/piskei-corona-26-showering-when-returning-home-from-the-hospital-or-the-mikvah-on-shabbos-or-yom-tov/ Rav Schachter (Piskei Corona #26)]. See there for how he distinguishes this from the woman returning from the mikveh on Shabbat.</ref><br />
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==[[Mesira]] and Rodef==<br />
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#If your doctor actually ascertains that there is a sakanat nefashot, mortal danger, involved with a certain large gathering that someone is doing then it is permitted to tell the authorities. However, otherwise it is forbidden because of informing upon another Jew ([[mesira]]). This can be a very difficult measure to actually properly assess.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Willig (min 41)]</ref> Some say that it is obligatory to be moser to the police on someone who is supposed to be in quarantine and isn't.<ref>Rav Asher Weiss (teshuva "Mechuyav Bbidud" Chol Hamoed Pesach 5780)</ref><br />
#Some hold that if a person is supposed to be in quarantine and they are not they are considered a rodef. However, obviously one should first speak to him and convince him to do what is safe.<ref>[https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 36)] citing Rav Zilberstein</ref><br />
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==Links==<br />
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*[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal Q&A about Corona]<br />
*[https://rabbidunner.com/coronavirus-qa-with-rav-hershel-schachter/ Transcription of Q&A with Rav Schachter by Rabbi Dunner]<br />
*[https://www.theyeshivaworld.com/news/featured/1839350/no-shul-yeshivas-shabbos-guests-levayos-shiva-vaad-harabanim-of-bergen-county-releases-letter.html RCBC letter calling for the closing of Shuls and Schools]<br />
*[http://www.torahweb.org/ TorahWeb] hosts many resources for Corona halacha including Rav Schachter's Teshuvot<br />
*[http://www.kolcorona.com/ KolCorona.com] a Torah resource, initiated by Rabbi Reuven Taragin, for those affected by Corona<br />
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==Sources==<br />
<references /><br />
[[Category:Orach Chaim]]</div>YitzchakSultanhttps://halachipedia.com/index.php?title=Halachot_Related_to_Coronavirus/COVID-19_Pandemic&diff=25540Halachot Related to Coronavirus/COVID-19 Pandemic2020-04-12T13:23:28Z<p>YitzchakSultan: /* Minyan via Porches or Technology */</p>
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<div>[[Image:3D medical animation corona virus.jpg|right|300px]]<br />
All rabbinim agree that one should be cautious with all the health guidelines and social distancing<ref>[https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 34)] interestingly describes the sources in general about the Jewish view on handshaking and whether it is a [[Chukot Hagoyim]]. The poskim hold that in it isn't however, at this time it is forbidden because of the health concerns.</ref> set up by the government and other local institutions in order to stay safe and help prevent getting others sick.<ref>[https://www.torahanytime.com/#/lectures?v=104843 Rav Yitzchak Yosef], [http://www.torahweb.org/torah/docs/rsch/RavSchachter-with-doctors_Mar-15-2020.pdf Rav Hershel Schachter], Rav Asher Weiss (Teleconference March 22 2020), [https://www.ou.org/covid19/ OU (March 20 2020)], [https://www.torahanytime.com/#/lectures?v=106099 Rav Shmuel Fuerst (min 53)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal], [https://www.jpost.com/israel-news/leader-of-ultra-orthodox-world-calls-for-lone-prayer-due-to-coronavirus-622805 Rav Chaim Kanievsky], [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Shlomo Aviner (Keter Yitnu Lecha p. 34)], and RCBC letters. An article on [https://www.kikar.co.il/abroad/354170.html kikar.co.il] describes how the gedolim are currently davening privately including: the Gerre rebbe, Rav Shalom Kohen, Rav Gershon Edelstein, Rav Moshe Shternbuch, Rav Yitzchak Yosef, Sanser Rebbe, Rav Bakshi Doron, Rav Dovid Yosef, Bavian Rebbe, and Rav Sheiner.<br />
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*Endangering Oneself to Learn Torah: Ketubot 77b records and praises the practice of Reish Lakish to teach Torah to those ill with tzarat, some translate as leprosy, even though it is contagious. The gemara explained that he did so out of his love for Torah. Daf Al Hadaf cites Mishnat Pikuach Nefesh 69:7 who asks how Reish Lakish could endanger himself and rely on a miracle. He answers that the disease he was concerned with was only dangerous to health but not life threatening.</ref> Coronavirus, as it causes a serious health threat to some people, inhibits any social gatherings and semachot, and has severely damaged the economy and livelihood of certain people, poses a serious challenge to everyone. We all need to daven and take advantage of the circumstances in order to best serve Hashem. As a thoughtful Jew, it is incumbent upon a person to take to heart some important lessons of life and re-strengthen himself in his commitments. <ref>Rambam Taniyot 1:1-3, [https://www.torahanytime.com/#/lectures?a=105844 Rav Reuven Epstein] emphasizes that we need to take a lesson from corona since it overtly a hardship for Jews and humanity and a sign from Hashem. [https://www.yutorah.org/lectures/lecture.cfm/949185/rabbi-menachem-penner/shema-everything-is-from-hashem/ Rabbi Penner] discussed how we can revitalize our strength in mitzvot at this time based on better appreciating the lessons of Shema. Rav Asher Weiss (Teleconference March 22, 2020) introduced his shiur by discussing how we can strengthen our commitment to [[Ben Adam Lchavero]]. [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha)] wrote many lengthy pieces on the hashkafic questions related to COVID19.</ref> Additionally, on a practical level, COVID19 has many implications for people, and below is a small collection of the relevant halachot.<br />
<br />
==[[Tefillah]]==<br />
When davening at home one should be cognizant of the following ideas:<br />
<br />
#The best time to pray is Netz. According to many poskim this is equivalent to praying with a minyan.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz], Laws of Praying Beyachid (Adar 5780) by Rabbi Yonatan Nacson p. 1 citing Yalkut Yosef 89:1</ref><br />
#A person should daven in a [[makom kavuah]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] and [https://www.star-k.org/videos.php Rabbi Moshe Heinemann around minutes 5-7]</ref><br />
#It is preferable to daven with two people instead of one.<ref>Rav Asher Weiss (Minchat Asher, Volume on coronavirus, Inyane Tefila section, Chapter 16, Subchapter 2, page 41). Rav Asher Weiss adds that there is no distinction between a man or a woman in this situation, so praying with one's wife or daughter is equally preferable to praying with one's son. </ref><br />
#A person should daven in front of a wall so that there's no distractions in front of him.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]</ref><br />
#A person can and should daven near a window that serves as a means of being inspired to look towards heaven.<ref>Shulchan Aruch 90:4 writes that there should be windows in a place where one davens. [https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] suggested that the same should be done for when we daven at home to daven in a place where there is a window.</ref><br />
#A person can daven [[Shemona Esrei]] aloud if it helps his kavana. It also serves as a role model for children.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]</ref><br />
#A person shouldn't daven in a room that is usually used for frivolity.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]</ref><br />
#A person shouldn't daven in front of an open bathroom.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]</ref><br />
#At a time of a plague such as our times it is advisable to say [[ketoret]] which has the power to end a plague.<ref>Laws of Praying Beyachid by Rabbi Nacson p. 2, [https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] citing Rabbi Akiva Eiger teshuva 71</ref><br />
#According to some, at this time a person should recite Avinu Malkenu in [[Shacharit]] and [[Mincha]],<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] quoting Rav Schachter</ref> while others emphasize how one must focus on Teshuvah and reciting all parts of the regular seder haTefillah first.<ref>[https://www.torahanytime.com/#/lectures?v=104864 Rav Bention Mutzafi (55:10)]</ref> Avinu Malkenu should not be recited during [[Nissan]].<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal] stated that one should not recite Avinu Malkenu during Nissan. See Divrei Yatziv OC 75 for different minhagim about saying Avinu Malkenu during Nissan. See discussion page.</ref><br />
#Eating a meal before davening when the time comes to daven a certain tefillah should be avoided since generally we are lenient about this since we go to established minyanim but for when that isn't possible we should be more strict about this.<ref>Mishna Shabbat 9b, [https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]. [https://www.star-k.org/videos.php Rabbi Moshe Heinemann] around minutes 5-7 says that if one sets an alarm, that should be sufficient</ref> See details here about [[Eating before Davening| eating]] and [[Other Activities before Davening| doing activities before davening]].<br />
#When davening as a family, in a temporary fashion, some hold that it isn't necessary to have a [[mechitza]] and the men and women can simply daven on different sides of the room.<ref>Igrot Moshe 5:12:1 writes that regarding a Shabbos Sheva Brachos since it is just the family and it is a temporary situation no mechitza is necessary.</ref> See [[Mechitza]] for more details.<br />
#A person shouldn't forget to recite [[Birkat Halevana]] by themselves when they see the moon. It can be said from indoors. See [[Birkat Halevana]] page for details.<br />
<br />
===Parts of Davening to Skip===<br />
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#On Friday night an individual doesn't recite [[Shabbat_Davenings#Me.27ayn_Sheva |Magen Avot]] after Shemona Esrei of Maariv.<ref>Laws of Praying Beyachid p. 10 citing Shulchan Aruch O.C. 268:8</ref> However, one should recite Vayechulu.<ref>[https://vimeo.com/399141271 Rabbi Moshe Heinemann] at around 24:45. At around 34 minutes, he clarifies that this can be done even by yourself, though normally we try to say it with at least two </ref><br />
#One doesn't recite [[Baruch Shemey]] when praying by oneself since it is part of the activity of removing the Sefer Torah.<ref>Mishna Brurah 134:13</ref><br />
<br />
==Minyan via Porches or Technology==<br />
<br />
#It is forbidden to have a minyan in person whether it is in a shul, shteibel, home, or backyard.<ref>[https://www.ou.org/covid19/ OU]. [https://www.yutorah.org/lectures/lecture.cfm/951048/rabbi-hershel-schachter/piskei-corona-14-forming-a-minyan-outside/ Rav Schachter (Piskei Corona #14)] writes that a person shouldn't try to make a minyan on his lawn spread out even if there's a small remote chance of spreading the virus. He also held that making a minyan with ten people standing on different balconies or porches doesn't count as a minyan. [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)] writes that certainly a person should not attend a minyan because of the danger and one may not rely on the zechut of a minyan to protect him, one needs to be safe. Rav Asher Weiss agrees that one must pray alone in order to avoid potential danger (Minchat Asher, Volume on coronavirus, Inyane Tefila section, Chapter 16, page 36). </ref> There is an exemption from tefila in a minyan due to the danger of the pandemic.<ref>Rav Asher Weiss (Minchat Asher, Volume on coronavirus, Inyane Tefila section, Chapter 16, Subchapter 1, page 40).</ref><br />
#If there ten people standing on their own porches and can see one another, some say that one can not create a minyan in such a manner, while others hold that one can.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951048/rabbi-hershel-schachter/piskei-corona-14-forming-a-minyan-outside/ Rav Schachter (Piskei Corona #14)] holds that it isn't a valid minyan. However, Rav Shternbuch (teshuva Nissan 8 5780) held that it is a valid minyan. To satisfy all the opinions the shaliach tzibur should have in mind that when he does chazarat hashatz that he could be praying a voluntary tefillah. They can't join if they're across the street and within ten tefachim of the ground. The shaliach tzibur needs to be able to see everyone. For kriyat hatorah that is done with porches initially one should call up the baal koreh or anyone on his porch, then one can even call up to an aliya someone on another porch as long as he can hear the baal koreh. The kohanim should leave before retzah because they can't say birkat kohanim. Someone davening alone doesn't have to hear kriyat hatorah since it is an obligation of the community and not individual. Rav Asher Weiss (Teleconference with Aguda, April 2 2020) was also inclined to hold that it is possible to make a minyan with people on porches who can see each other.<br />
<br />
*Mishna Brurah 55:48 based on Rashba responsa 1:96 holds that one can learn from the laws of zimmun that if people can see each other they can join for minyan.<br />
<br />
Rav Asher Weiss writes that a minyan can be created between men praying from their respective porches in order to prevent the grave danger of congregating in closer proximity, and kadish and kedusha may be recited (Minchat Asher, Volume on coronavirus, Inyane Tefila section, Chapter 18, Subchapter 2, page 53)</ref><br />
#You can't create a minyan with a video (e.g. zoom or skype) or phone call but one can join a minyan of ten men in one room with a video or phone call in order to answer [[dvarim shebekedusha]].<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)], Rabbi Nacson in Laws of Praying Beyachid p. 4 based on Yalkut Yosef 5775 ed Yamim Noraim p. 17, Yabia Omer 1:19:18, Chazon Ovadia Purim p. 56</ref><br />
#It isn't considered a minyan for people to join together to daven on a video conference but it is still spiritually valuable.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)]. Rav Asher Weiss says that it is appropriate to fix a time for people to pray together remotely. Rav Asher adds it will help ascertain that prayer is done properly, on time and with concentration. Nonetheless, chazarat hashatz and devarim shebikdusha must be omitted. (Minchat Asher, Volume on coronavirus, Inyane Tefila section, Chapter 17, pages 45-46)</ref><br />
<br />
===Answering [[Amen]]===<br />
<br />
#Even if there is a time delay between the person reciting the bracha and the one answering it that wouldn't be considered an [[Amen Yetoma]].<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)], [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)], Rabbi Nacson in Laws of Praying Beyachid p. 4 based on Yalkut Yosef 5775 ed Yamim Noraim p. 17, Yabia Omer 1:19:18, Chazon Ovadia Purim p. 56, Rav Asher Weiss (teshuva "Aniyat Amen" Nissan 5780)</ref> <br />
# If there is a minyan in some place and someone hears on the phone or video a live stream some poskim allow them to answer [[kaddish]], [[kedusha]], and [[modim derabbanan]], though for kedusha they should intend that they are saying it as psukim.<ref>Rav Asher Weiss (teshuva "Aniyat Amen" Nissan 5780)</ref> <br />
<br />
===[[Megillah]]===<br />
<br />
#There is a major dispute if a person could fulfill their mitzvah of listening to the megillah on the phone or through watching a live streamed video. Some rabbanim advised this,<ref>Rav Schachter cited by [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)] and Rav Aviner agreed.</ref> while others hold that one can't fulfill one's mitzvah at all.<ref>Rav Dovid Feinstein cited by [http://podcast.headlinesbook.com/e/coronavirus-what-the-halacha-tells-us/ Rabbi Fink] and [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)]</ref> See this topic explained more fully here: [[Brachot_Through_a_Microphone]].<br />
<br />
==Netilat Yadayim==<br />
<br />
#If a person wants to wash his hands with soap and wash [[Netilat Yadayim for a meal]], one should first wash Netilat Yadyaim for the meal, dry the hands, recite the bracha, and then wash one's hands with soap and then recite the Hamotzei.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Willig (min 30-34)]</ref><br />
<br />
==Shabbat Davening==<br />
===Friday Night===<br />
<br />
#Although the reason for reciting Shalom Alechem on a Friday night is that the angels accompany you home from shul and you welcome them to your home, if one was unable to attend shul on a Friday night, he would still sing Shalom Alechem.<ref>[https://vimeo.com/399141271 Rabbi Moshe Heinemann] at around 28:30 in the name of Rav Moshe Feinstein, because Hashem will not punish you by not sending the angels when you weren't able to attend</ref><br />
<br />
===Davening for the Sick===<br />
<br />
#It is generally prohibited to daven on Shabbat for our needs or for the well-being of a sick person. However, if the person is in a state of mortal danger one may daven for his well-being on Shabbat.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951537/rabbi-hershel-schachter/piskei-corona-25-davening-for-the-sick/ Rav Schachter (Piskei Corona #25)]</ref> See [[Shabbat_Davenings#Personal_Requests]] for all of the details of this topic.<br />
<br />
===[[Kriyat Hatorah]]===<br />
<br />
#A person who is at home and can't be at shul should nonetheless read the parsha from a chumash between Shacharit and Mussaf as a way of remembering the concept of kriyat hatorah. He can use that reading as part of his reading of [[Shenayim Mikra Vechad Targum]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] quoting Rabbi Willig. [https://www.star-k.org/videos.php Rabbi Moshe Heinemann] around minutes 7-10 agrees that you should do so on Shabbat, but that it is not necessary on Monday and Thursday. </ref> Some think this doesn't accomplish anything.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950291/rabbi-hershel-schachter/piskei-corona-8-krias-hatorah/ Rav Schachter (Piskei Corona #8)]</ref><br />
#When the congregation misses a kriyat hatorah they can make it up by reading two parshiyot next week in Shul. However, if they miss multiple weeks there is a discussion if they should or could make up all of the parshiyot that they missed.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] based on Rama and Magen Avraham</ref><br />
#A person should not move a sefer torah out of a Shul for a home minyan.<ref>[https://drive.google.com/file/d/14IUOs2OOMhloqYwnbv3iKGrWS6GbYGId/view?usp=drivesdk Rabbi Yonatan Nacson in Laws of Praying Byachid (p. 10)] citing Rav Asher Weiss</ref> See [[Respecting_a_Sefer_Torah#Transporting_a_Sefer_Torah]] for more details.<br />
#There still is an obligation of [[Shenayim Mikra Vechad Targum]] when the there is no congregation doing the Kriyat Hatorah in shul.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950291/rabbi-hershel-schachter/piskei-corona-8-krias-hatorah/ Rav Schachter (Piskei Corona #8)</ref><br />
#One doesn't recite [[Baruch Shemey]] when praying by oneself since it is part of the activity of removing the Sefer Torah.<ref>Mishna Brurah 134:13</ref><br />
<br />
===Anim Zemirot===<br />
<br />
#A person davening alone doesn't have to recite Anim Zemirot.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951536/rabbi-hershel-schachter/piskei-corona-24-anim-zmiros-without-a-minyan/ Rav Schachter (Piskei Corona #24)] explains that anim zemirot was instituted only for a minyan, and according to Rav Soloveitchik was considered a [[dvar shebekedusha]].</ref><br />
<br />
==[[Hagomel]]==<br />
<br />
#A person who was quarantined and got out of quarantine doesn't recite Hagomel since they were in no danger.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
#A person needs to recite [[hagomel]] in front of a [[minyan]] of ten men. Some suggest that this can be recited before ten people listening on a video or phone call and can answer amen. Even though they aren't present, the minyan in this context is purely to publicize the idea so it is permissible.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)]</ref> Others disagree and as long as the minyan isn't in the same room one can not recite hagomel.<ref>Divrei Dovid 4:3</ref><br />
#According to Ashkenazim, if a person is ill with a sickness to the point that he is a choleh sheyesh bo sakana, a concern of mortal danger, he should recite Hagomel, but if he less sick than that there is no need to recite Hagomel.<ref>Rama 219:8, [http://nleresources.com/2020/03/rav-asher-weiss-coronavirus-in-halacha/#.XnoNOIjYrIU Rav Asher Weiss (March 15 2015, min 11)]</ref> Sephardic tradition is to recite Hagomel anytime someone was sick in bed such as with a flu or bad cold even for a short period of time.<ref>[https://itorah.com/global-search/birkat%20hagomel Rabbi Mansour ("Saying Birkat Hagomel Within 3 Days and Laws of Birkat Hagomel Following A Sickness")]</ref><br />
<br />
==[[Bedikat Chametz]] and [[Biur Chametz]]==<br />
<br />
#A person should do bedikat chametz after praying by oneself at Tzet Hakochavim and then immediately begin the bedika. They should not have a meal within a half hour of the bedika.<ref>[https://www.torahanytime.com/#/lectures?v=106099 Rav Shmuel Fuerst (min 1-5)],[https://www.yutorah.org/sidebar/lecture.cfm/950401/rabbi-dan-cohen-rabbi-meir-gavriel-elbaz/pesach-prep-simplified/ Rav Meir Elbaz (min 17-8)]</ref><br />
#Because one can't do a large communal Chametz burning because gatherings aren't safe and even doing it with a few people at a time can look to non-Jews as unsafe. Rather one should just do biur chametz with a Kezayit by flushing it down the toilet.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-3-Mar-26-2020.pdf Rav Herschel Schachter (teshuva Rosh Chodesh Nissan 5780)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]. [https://www.jpost.com/Israel-News/Chief-Rabbis-Dont-leave-home-to-burn-chametz-for-Passover-623072 Rav Yitzchak Yosef and Rav David Lau] said that one should not go outside to burn chametz or kasher pots.</ref><br />
#A person should sell chametz in the house or office if he left there before he had the chance to do a bedikat chametz. By selling the chametz there he is absolving himself of having to do bedikat chametz.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/950401/rabbi-dan-cohen-rabbi-meir-gavriel-elbaz/pesach-prep-simplified/ Rav Elbaz (min 26)], Rav Asher Weiss (Teleconference, March 29 2020 11am)</ref><br />
<br />
==Selling [[Chametz]]==<br />
<br />
#If a person doesn't usually [[sell chametz]] and is afraid that if he doesn't sell chametz one year he isn't going to have food afterwards he can sell his chametz. He wouldn't require a [[hatarat nedarim]].<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (min 20)], [https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 9-11)]. [http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-3-Mar-26-2020.pdf Rav Herschel Schachter (teshuva Rosh Chodesh Nissan 5780)] explained the reason why the hatarat nedarim isn't necessary. [https://vimeo.com/399141271 Rabbi Moshe Heinemann] at around 46:45 agrees that if there is a big loss one can be lenient and sell chametz and it would not require hatarat nedarim, although he isn't so sure that it would be a big loss to an individual.</ref><br />
#A person can sell his chametz on the phone or online and if possible a kinyan can be made virtually in order to appoint the rabbi to sell the chametz. The kinyan would take place as follows: the rabbi would ask if there's someone standing next to the one who wants to appoint the rabbi and if there is then that person can give a pen or a utensil to the one who wants to appoint the rabbi as his shaliach. This is considered a valid kinyan between the person standing there and the one who wants to appoint the rabbi on behalf of the rabbi to be appointed. If that isn't feasible it isn't necessary. Nonetheless, one could stipulate in the document that this appointment of the rabbi is done with the full knowledge of its legal ramifications and it is accepted completely.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-1-Mar-24-2020.pdf Rav Hershel Schachter (Teshuva dated 28 Adar 5780 p. 2)], Nefesh Harav p. 179, [https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (min 1-5)] explained that the minhag is to make a kinyan to appoint a someone to sell something for you. This is classically done with a handing of a handkerchief from the rabbi to the one selling chametz. However, when they call on the phone that isn't possible. The Steipler held in such a case it isn't necessary to be careful about that minhag and simply have the person orally declare that he appoints the rabbi. However, Rav Soloveitchik felt that we should try to fulfill the minhag in any event. How can it be fulfilled? One can have someone standing in the room next to the person on the phone give something to the person on the phone on behalf of the rabbi. That is an effective halachic kinyan on behalf of the rabbi (see Kiddushin 7a). [https://www.torahanytime.com/#/lectures?v=106099 Rav Shmuel Fuerst (min 10)] explained that one can appoint the rabbi to sell his chametz online. Rav Asher Weiss (Minchat Asher Corona p. 66) agrees. [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal] allowed appointing the rabbi online if he is a talmid chacham.</ref><br />
#There is no issue with the selling of Chametz even though the Chametz is in a locked building or in a place that isn't accessible to the non-Jew because of the coronavirus situation.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950290/rabbi-hershel-schachter/piskei-corona-10-chametz-sheeno-birshuso/ Rav Schachter (Piskei Corona #10)]</ref><br />
#Some poskim allow ordering chametz on Pesach if one is certain that it will only be delivered after pesach.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951179/rabbi-hershel-schachter/piskei-corona-17-ordering-chametz-from-a-non-jew-on-pesach-to-arrive-after-pesach/ Rav Schachter (Piskei Corona #17)] explains that it isn't considered rotzeh bkiyumo, wanting the chametz to continue to exist, to order the chametz since one doesn't insist on any particular box of chametz that the company provides. However, one certainly may not acquire it with a kinyan such as picking it up or moving it. Even if it is delivered into one's property if one has intention not to acquire it, one doesn't acquire it. Yet, one can't even protect it since doing so is an issue of rotzeh bkiyumo. [https://yeshiva-university.zoom.us/rec/play/usAsduuh-283HoLAtASDAPZ9W9S0eq2s0igX-_pez0jkW3EFZFr1M7QRa7Qf9B_vOGt5lyO0vcW9I1-0?startTime=1585760529000&_x_zm_rtaid=CQsocm3ZRaq6pGgFL5OMGQ.1585880286593.75ff95374a21dbfc2f0c45524d508e2a&_x_zm_rhtaid=674 Rav Willig (April 1 2020, min 0-2)] agreed in technical terms.</ref><br />
<br />
==Buying for Pesach==<br />
<br />
#If you have raw chicken or raw meat you don't have to worry that it is chametz even if it was processed in a place where there was chametz. You can simply wash it off to solve any question.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 11-15)]</ref><br />
#Sanitizing alcohol gel, such as Purell, isn't [[chametz]] since it isn't edible and can be used on Pesach.<Ref>Rav Asher Weiss (teshuva "Shimush Bpesach B'alchogel" Chol Hamoed Pesach 5780)</ref><br />
<br />
==Kitniyot==<br />
<br />
#Out of a concern of the coronavirus, this year some poskim permit taking vitamins which have additives of [[kitniyot]] in order to stay healthy and to strength one's immune system.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950289/rabbi-hershel-schachter/piskei-corona-7-kitniyos/ Rav Schachter (Piskei Corona #7)]</ref><br />
#Someone with Crohn's disease and needs to drink an enriched milk with kiniyot additives for his health can do so on Pesach. Also, he can do so within 6 hours after eating meat (see [[Waiting between Meat and Milk]]).<ref>[https://www.yutorah.org/lectures/lecture.cfm/950289/rabbi-hershel-schachter/piskei-corona-7-kitniyos/ Rav Schachter (Piskei Corona #7)]</ref><br />
<br />
==[[Kashering for Pesach]]==<br />
<br />
#Some poskim allow [[kashering a dishwasher]] for Pesach even though there are plastic and other materials in there that are questionable to kosher. One should wait 24 hours without using it and then use with just hot water and no soap. According to Ashkenazim this should be used to kosher it from Chametz but not from meat to parve or milk or vice versa.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-3-Mar-26-2020.pdf Rav Herschel Schachter (teshuva Rosh Chodesh Nissan 5780)]</ref><br />
#Some hold that one can kasher plastic, while others disagree. See on the [[Kashering_the_Kitchen_for_Pesach#Which_materials_can_be_kashered.3F]] page.<br />
<br />
==Pesach Davening==<br />
===Hallel Pesach Night===<br />
<br />
#There is a custom of Sephardic and some Ashkenazic communities to recite Hallel Pesach night in Shul. However, being that the current situation demands that a person needs to remain inside there is no way to fulfill this minhag and should not recite Hallel after davening. Rather one should only recite it at the Seder.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950285/rabbi-hershel-schachter/piskei-corona-9-hallel-on-pesach-night-and-tefillas-tal/ Rav Hershel Schachter (Piskei Corona #9)]</ref> Some Ashkenazic poskim would allow reciting a bracha.<ref>Rav Asher Weiss (Minchat Asher Corona p. 73-4) writes that a person who has the practice to recite the Hallel the night of the seder after davening can do so with a bracha even when davening individually.</ref><br />
#According to Sephardim, one should recite Hallel the night of the seder after davening with a bracha even though one is davening at home.<ref>Yachava Daat 5:34, Teshuva written by Rabbi Mordechai Lebhar author of Magen Avot (Erev Shabbat Hagadol 5780), Kaf Hachaim 487:38-42</ref><br />
<br />
===Shir Hashirim on Chol Hamoed===<br />
<br />
#Ashkenazim generally have the custom to read Shir Hashirim on Shabbat Chol Hamoed Pesach. This year since there is no minyanim available, when one davens at home individually, there is no obligation to read Shir Hashirim. One may do so but it isn't in fulfillment of the minhag.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950655/rabbi-hershel-schachter/piskei-corona-13-shir-hashirim-on-chol-hamoed-pesach/ Rav Schachter (Piskei Corona #13)]</ref><br />
<br />
===Tefillat HaTal===<br />
<br />
#One can recite the piyut for tal on Pesach was only instituted for a congregation, however if one wants to recite it one may do so.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950285/rabbi-hershel-schachter/piskei-corona-9-hallel-on-pesach-night-and-tefillas-tal/ Rav Schachter (Piskei Corona #9)]</ref><br />
#In Mussaf everyone should stop saying [[Mashiv Haruach Umorid Hageshem]] and instead recite Morid Hatal because one is davening individually and one may not change from the practice of saying Mashiv Haruach of the congregation until the Shaliach Tzibur has done so and this year there are no minyanim switching at mussaf. After Mussaf, starting with Mincha, one should follow their regular minhag if they usually recite Morid Hatal or not.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950285/rabbi-hershel-schachter/piskei-corona-9-hallel-on-pesach-night-and-tefillas-tal/ Rav Schachter (Piskei Corona #9)]</ref> See [[Mashiv_HaRuach_UMorid_HaGeshem#When_to_Stop_Morid_Hageshem_and_Start_Tal]] for the background.<br />
#For Sephardim, one may begin to recite Morid Hatal in Mussaf even though he praying individually and there is no minyan nearby.<ref>Kaf Hachaim 114:8 and Halacha Brurah v. 6 p. 145 rule that the primary halacha is that there's no prohibition to begin to start to say Morid Hatal before the Shaliach Tzibbur. It is only forbidden for an individual to begin Mashiv Haruach Umorid Hageshem before the congregation does. This is the approach of the Bet Yosef citing the Ran, Pri Chadash, and Maamar Mordechai, unlike the Raavad cited by the Tur 114:2. However, in a regular year, the Kaf Hachaim and Halacha Brurah recommend being strict for the Raavad to have the Shaliach Tzibur announce before the Mussaf that everyone should begin to say Morid Hatal.</ref><br />
<br />
==Machine Matza==<br />
<br />
#It is permitted under extenuating circumstances to use [[machine matza]] for the mitzvah of eating matzah on the seder night.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards beginning)]. This is acceptable for Sephardim as well even with a bracha as described by Rav Ovadia Yosef in Yachava Daat 1:14 and Chazon Ovadia (Pesach Hilchot Leil Haseder 5763 Edition p. 76). [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim] holds that one should really used hand baked matzah but if one can't acquire any then one can use machine matzah. [https://yeshiva-university.zoom.us/rec/play/uMB7I-D--j83ToDAtgSDUaJ7W9Xueqis0nRK-6FfmUm0VSMBZ1qjYLIbZbHenouY882eTH8fEnI5K7DA?startTime=1585587811000&_x_zm_rtaid=5PWyeRatQdGWZ2q1UH7K6w.1585657713810.05dafc99f0c11cb46ffb1a63ddd87e47&_x_zm_rhtaid=904 Rav Willig (min 2)] has a similar approach.</ref><br />
#Some say that there's no concern to have the hand baked matzot this year.<ref>Rav Asher Weiss (Teleconference March 22 2020, min 19) said that there's no concern to use the hand-baked matzot since they were baked earlier in the year. His personal minhag is to have only hand baked matzot. In terms of using machine matzah he felt that it is only a chumra not to use them even for the mitzvah of motzei matzah and one could use them if there's no other option.</ref><br />
<br />
==[[Eruv Tavshilin]] and [[Eruv Chatzerot]]==<br />
<br />
#A rabbi should establish an eruv tavshilin on behalf of his whole community. Even though usually he acquires it to another person who isn't a family member on behalf of the community, this year because of social distancing one can acquire it to one's wife. <ref>[https://www.yutorah.org/lectures/lecture.cfm/951181/rabbi-hershel-schachter/piskei-corona-19-eruv-tavshillin-and-eruv-chatzeiros-and-social-distancing/ Rav Schachter (Piskei Corona #19)]</ref><br />
#An eruv tavshilin works to allow cooking from Yom Tov to Shabbat even though it isn't possible to have guests in most cases.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951181/rabbi-hershel-schachter/piskei-corona-19-eruv-tavshillin-and-eruv-chatzeiros-and-social-distancing/ Rav Schachter (Piskei Corona #19)] explained that usually we use the concept of ''hoil'', since guests might arrive who can eat the food one cooked, to permit cooking from one day of Yom Tov to Shabbat. However, this year that seems not to be applicable. Rav Schachter explained based on the Maharam Chalavah that ''hoil'' doesn't necessitate that one actually have guests or even have the ability to have guests, it is rather a halachic principle since objectively it is possible to have guests the eruv is effective.</ref><br />
#The communal eruv chatzerot continues to be effective even though the communal box of matzah's might not be accessible.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951181/rabbi-hershel-schachter/piskei-corona-19-eruv-tavshillin-and-eruv-chatzeiros-and-social-distancing/ Rav Schachter (Piskei Corona #19)] explained that since theoretically it is possible to get the box alone for a few minutes it isn't completely inaccessible (see Har Tzvi OC 2:16).</ref><br />
#It is permissible to wear a surgical mask on Shabbat outside and it isn't [[carrying]] as long as it is fastened well and won't fall off.<ref>[https://itorah.com/daily-halacha/lecture/may-one-wear-a-surgical-mask-on-shabbat-in-a-public-domain/3803 Rabbi Mansour]</ref><br />
<br />
==Birchat Ha'ilanot==<br />
<br />
#One can recite birkat hailanot from indoors if one can see the trees but one may not recite them by seeing the trees on a video.<ref>Ateret Paz p. 154-6</ref> See the [[Birchat HaIlanot]] for more details and sources.<br />
<br />
==[[Tanit Bechorot]]==<br />
<br />
#A person should try to finish a short masecheta to make his own siyum.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-1-Mar-24-2020.pdf Rav Hershel Schachter (Teshuva dated 28 Adar 5780 p. 2)], [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref> Some say that learning one masechta with Bartenura is sufficient.<ref>[https://itorah.com/daily-halacha/lecture/ta-anit-bechorot-during-the-coronavirus-pandemic/3802 Rabbi Mansour], [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref><br />
#Many poskim say that he can rely on a siyum over the phone or video livestream.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-1-Mar-24-2020.pdf Rav Hershel Schachter (Teshuva dated 28 Adar 5780 p. 2)]. [https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards beginning)]. [https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 1-4)] explained that Rav Schachter and Rav Shlomo Zalman Auerbach hold that it is enough to listen and join with the siyum over the phone or video call. However, other poskim don't like this leniency. Rav Asher Weiss (Teleconference March 22 2020, min 7) agreed that one can be yotzei with a siyum over the phone or video for the tanit bechorot. [https://www.torahanytime.com/#/lectures?v=106099 Rav Shmuel Fuerst (min 6)] agreed that this year you can be yotzei the siyum over the phone since it is an extenuating circumstance. [https://youtu.be/Yo6IJi2V-bw Rav Avigdor Nevinsal] agreed that you can be part of a siyum over the phone and the meal one has afterwards is a seudat mitzvah. [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim] holds that it is better to make a siyum oneself even on a tractate of mishna but if that's not possible one can listen on the phone.</ref><br />
#Some say that in the event one can't make one's own siyum or even hear someone else's, one doesn't need to fast this year in order to maintain strength in this time of a health crisis.<ref>[https://itorah.com/daily-halacha/lecture/ta-anit-bechorot-during-the-coronavirus-pandemic/3802 Rabbi Mansour]</ref><br />
<br />
==Birkat Halevana==<br />
<br />
#Ideally one should recite birkat halevana outdoors.<ref>Rama 426:4</ref> If one can not do so one can recite Birkat Halevana from inside but initially one should open the window.<ref>Pri Megadim M"Z 426:4, Mishna Brurah 426:21</ref> See the [[Birkat HaLevana]] page.<br />
<br />
==Chol Hamoed==<br />
<br />
#One can't buy stocks or sell them on Chol Hamoed, however, if not selling them could lead to a loss of one's original capital that one invested one can sell it.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref><br />
<br />
See [[Chol Hamoed]] for many details.<br />
<br />
==Using Zoom for the Seder==<br />
<br />
#Although a minority of rabbis allow using Zoom for this emergency situation in a very extenuating circumstance where an elderly single person is alone for the seder away from family because of the quarantines to use technology to leave a video conference going for Yom Tov to join with a family seder,<ref>[http://www.israelnationalnews.com/News/News.aspx/277764 Rabbi Eliyahu Abergel and other rabbis]</ref> most rabbis consider this to be a breach of halacha.<ref>Rav Asher Weiss (Teleconference March 22 2020 11am, min 39; teshuva in Minchat Asher Corona pp. 75-6), [http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-2-Mar-25-2020.pdf Rav Herschel Schachter (teshuva Adar 29 5780)], [https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 20-22)], [https://www.inn.co.il/News/News.aspx/432065 Rav Yosef Tzvi Rimon]. Rav Willig's held that it is absolutely forbidden and it is a tremendous zilzul Shabbat besides questions of others prohibitions of Shabbat.</ref> There is a discussion if the firstgroup of rabbis retracted.<ref>[https://vosizneias.com/2020/03/24/the-heter-for-zoom-at-the-seder-is-incorrect-and-should-be-retracted/ Rabbi Yair Hoffman] describes how 3 of the original signers of the lenient ruling would only permit under life and death needs and not in general. However, [https://www.jpost.com/israel-news/zoom-passover-seder-rabbis-hit-back-at-critics-622494 another article] describes how some of the original rabbis who were lenient confirmed their opinions.</ref><br />
#It is suggested to perform a pre-pesach zoom seder for people who you can't invite to your seder in order to share divrei torah, songs, and the experience of the seder before Yom Tov.<ref>[https://www.inn.co.il/News/News.aspx/432065 Rav Yosef Tzvi Rimon]</ref><br />
#For someone who is clinically depressed to the point that there is a concern of suicide or just losing one's mind it is permitted to use a phone to call him to cheer him up and check on him. However, if there's a way to check the patient before Pesach one should do so.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-2-Mar-25-2020.pdf Rav Herschel Schachter (teshuva Adar 29 5780)]. [https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Willig (min 24)] agrees that we violate Shabbat for someone who is suicidal but they can use the phone.</ref> A person should check with his rabbi in each case.<br />
#A person should recite Ha lachma anya this year as one would any other year, even though that phrase is a call for inviting guests and this year that is impossible.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951299/rabbi-hershel-schachter/piskei-corona-21-can-we-say-kol-dichfin-this-year-/ Rav Schachter (Piskei Corona #21)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
<br />
==[[Sefirat Haomer]]==<br />
<br />
#If someone couldn't get a hair cut because the barbers were all closed before Pesach, then if one reached the point when it very noticeably long and people would tell him to get a haircut he can take a haircut during [[Sefira]]. Today it can be estimated that if it has been more than 2 months since his last haircut he can take a haircut during the Sefira.<ref>https://www.yutorah.org/lectures/lecture.cfm/950659/rabbi-hershel-schachter/piskei-corona-16-haircuts-on-chol-hamoed-and-sefira/ Rav Schachter (Piskei Corona #16)</ref><br />
<br />
==Mikveh==<br />
<br />
#Each community rabbi needs to decide these sort of questions however in theory it is possible for the Mikva to remain open and allow women who aren't having symptoms or aren't quarantined to go to Mikva. They should be extra careful about hygiene and prepare completely at home, go to the Mikva where there is no contact with anyone besides a brief contact with the water which has chemicals for cleanliness. Then upon returning home there are poskim who allow the woman to take a shower when she gets home to clean herself off.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/950654/rabbi-hershel-schachter/piskei-corona-12-showering-after-the-mikvah/ Rav Hershel Schachter (Piskei Corona #12)], [https://www.torahanytime.com/#/lectures?v=105574 Rabbi Shay Tahan]. Rav Asher Weiss (March 29 2020) said it is obviously permitted to overlook the chumra of not showering when the woman returns from mikveh at these times.</ref><br />
#On Shabbat, if a woman goes to mikveh she can not take a hot shower when she gets back since turning on the hot water is causing cold water to enter the boiler and cook. Rather she should either decide to take a completely cold shower or delay the mikveh until Motzei Shabbat. She should also not decide not to take a shower at all because one shouldn't do something unsafe when there's an option to delay going to mikveh.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951538/rabbi-hershel-schachter/piskei-corona-26-showering-when-returning-home-from-the-hospital-or-the-mikvah-on-shabbos-or-yom-tov/ Rav Schachter (Piskei Corona #26)]</ref><br />
#On Yom Tov, according to those who are lenient to permit [[showering on Yom Tov]], when a woman returns from the mikveh should do so. Rav Schachter's opinion is that it is only permitted to take a shower on Yom Tov with water that is just hot enough to remove the chill from the water (less than lukewarm). If she decides she doesn't want to take such a shower, she should delay going to mikveh until after Yom Tov.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951538/rabbi-hershel-schachter/piskei-corona-26-showering-when-returning-home-from-the-hospital-or-the-mikvah-on-shabbos-or-yom-tov/ Rav Schachter (Piskei Corona #26)]</ref><br />
#The OU has established [https://www.ou.org/covid-19-and-the-mikvah-recommended-protocols/?utm_source=SilverpopMailing&utm_medium=email&utm_campaign=Mikvah%20Guidance%20(1)&utm_content=&spMailingID=32100310&spUserID=MTM2NTc0Mjg0NTYwS0&spJobID=1683098314&spReportId=MTY4MzA5ODMxNAS2 health guidelines] in order to allow a mikveh to remain open.<br />
#The RCBC also stated that Mikva's are remaining open for the time.<ref>[https://www.theyeshivaworld.com/news/featured/1839350/no-shul-yeshivas-shabbos-guests-levayos-shiva-vaad-harabanim-of-bergen-county-releases-letter.html RCBC letter on yeshivaworld.com]</ref><br />
#The men's mikveh's should be closed at this time. Even if a person is careful to go to mikveh each day he can fulfill this custom by taking a 5 minute shower.<ref>Rav Asher Weiss (Teleconference March 22 2020, min 12)</ref> See [[Preparations_for_Davening#Going_to_Mikveh]] for details.<br />
<br />
==Tevilat Kelim==<br />
<br />
#Each community should decide whether or not close the kli mikveh out of a safety concern. You can do the [[tevilat kelim]] in the ocean.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 5-9)], [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref><br />
#Alternatively, one can use tevilat kelim in the mikvah while wearing gloves, then throw out the gloves, wash off the kelim with soap and water. If the community has other procedures for safety one should observe them.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 5-9)], [https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 3-4)]</ref><br />
#As a last resort one can avoid tevilat kelim by giving the pots to a non-Jew and borrowing them back. One can rely on this until the virus passes.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 5-9)], [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]. [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal] said that one could rely upon this if there was no other option. [https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 14-16)] allows selling the kelim to a non-Jew. Rav Yosef Tzvi Rimon (teshuva dated Nisan 1 5780) recommended this.</ref> If one can't sell or gift the pots to a non-Jew oneself one can do so online through [https://nirshamti.co.il/e-%D7%98%D7%91%D7%99%D7%9C%D7%94/ Zomet].<br />
#Another option is for a person to declare the pots that need tevilat kelim to be ownerless (hefker) in front of 3 Jews. One has to have full intent that the pots are ownerless and if someone took them one would have no claim upon them. If these Jews can't be there in person it is sufficient if they are present through social media technology but they should be people who live in the neighborhood. They should then leave the pots outside their house for a few minutes so that if someone wanted to take them they could. <ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-1-Mar-24-2020.pdf Rav Hershel Schachter (Teshuva dated 28 Adar 5780 p. 1)], [https://itorah.com/daily-halacha/lecture/if-one-has-new-utensils-which-he-is-unable-to-immerse/3801 Rabbi Mansour]</ref> Others disagree.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 5-12)] said that one shouldn't use the solution to make the pots hefker since you're using the kelim. See Sefer Tevilat Kelim p. 84 based on Maharil Diskin. See S"A Harav 445:1 that hefker that isn't meaningful since you plan to reacquire it isn't a solution. However, Rav Elyashiv and Rav Soloveitchik allowed it in extenuating circumstances. Rav Asher Weiss (Minchat Asher Corona p. 72) writes that one should avoid using new pots and relying on this leniency to mafkir but in an extenuating circumstance one can rely on it.</ref><br />
#If there's are no solutions, some poskim would allow using the pots without tevilat kelim in this extenuating circumstance.<ref>Rav Asher Weiss (Teleconference, March 22 2020 11am), Rav Yosef Tzvi Rimon (Teshuva dated Nisan 1 5780)</ref><br />
#Regarding a seder plate and kos shel eliyahu requiring tevilah, see [[Tevilat Kelim]] page.<br />
<br />
==[[Brit Milah]]==<br />
<br />
#A Brit Milah can be done without a minyan since gatherings aren't safe.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
#A grandfather or someone else involved in a brit milah via zoom can recite the naming of the baby but he should not recite the bracha of asher kidash yadid mbeten.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951300/rabbi-hershel-schachter/piskei-corona-22-participating-in-a-simcha-via-zoom/ Rav Schachter (Piskei Corona #22)]</ref><br />
<br />
==Naming a Girl==<br />
<br />
#Although normally we try to name a baby girl at an aliya to the Torah, a person doesn't need a minyan in order to name a girl and under the circumstances should do so without delay.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Neventzal], [https://www.yutorah.org/lectures/lecture.cfm/950292/rabbi-hershel-schachter/piskei-corona-11-krias-shem-for-a-baby-girl/ Rav Schachter (Piskei Corona Teshuva #11)], [https://vimeo.com/399141271 Rabbi Moshe Heinemann] at about 16:45</ref><br />
<br />
==Bar Mitzvah's==<br />
<br />
#[https://www.torahanytime.com/#/lectures?v=105558 A message for Bar Mitzvah Boys in the Lockdown by Rabbi Pesach Krohn]<br />
#A bar mitzvah boy who missed the opportunity to read his parsha in shul when he became bar mitzvah'ed when it is next possible to go to shul he can add his parsha as a hosafa and read it then. Additionally, the haftorah can follow that hosafa.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards end)]</ref><br />
#The father of a Bar Mitzvah boy who couldn't layn should wait until he can do something that shows he's Bar Mitzvah like layn or daven as Shaliach Tzibbur to make such a bracha.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
<br />
==Weddings==<br />
<br />
#Ideally a wedding shouldn't be pushed off if both parties are ready even though it means having a tiny wedding.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal], [https://www.kimizion.org/maamar/5780_5784/keter.pdf (Keter Yitanu Lecha p. 38)]</ref><br />
#A rabbi should not officiate at a wedding that isn't abiding by the CDC guidelines of health because he is furthering unsafe practices.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards beginning)]</ref><br />
#It has been asked whether or not the poskim are more lenient this year regarding weddings during [[Sefira]] but the answer is that it is not determined because the situation is still unclear.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref> Some are lenient but it is best to schedule for [[Rosh Chodesh]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref><br />
#If in this dire situation it isn't possible to have a minyan, it is possible to have a wedding nonetheless without [[Sheva Brachot]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/951180/rabbi-hershel-schachter/piskei-corona-18-getting-married-with-less-than-10-men-present/ Rav Schachter (Piskei Corona #18)] explained that although it isn't possible to recite Sheva Brachot and seemingly they forbid the couple to each other without Sheva Brachot in this extenuating circumstance one can rely upon the opinion that the wedding is valid and they are permitted even without Sheva Brachot (see Nodeh Beyehuda EH 1:56). For birkat erusin certainly having a minyan isn't critical (Shulchan Aruch E.H. 34:4) although it is preferable and in this circumstance unnecessary. From Bet Shmuel 64:4 it appears to be a dispute between the Shulchan Aruch and Rama whether one is allowed to have a wedding at all if it is extremely difficult to get a minyan, the Rama being lenient. </ref><br />
#A minyan for [[sheva brachot]] can not be created via Zoom. Additionally, one can't recite a bracha of sheva brachot for the couple via Zoom.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951300/rabbi-hershel-schachter/piskei-corona-22-participating-in-a-simcha-via-zoom/ Rav Schachter (Piskei Corona #22)]</ref><br />
<br />
==[[Fast Days]]==<br />
<br />
#If the rabbis declare a half fast day until [[Chatzot]] according to Ashkenazim an individual can recite [[Anenu]] in Mincha Shemona Esrei<ref>Rama 562:1 writes that Ashkenazim hold that even for an incomplete fast one can recite anenu. Mishna Brurhah 562:48 references this Rama in discussing a fast that was accepted to fast until chatzot. The Mishna Brurah 562:7 cites a debate as to whether one should omit the words צום תעניתנו while reciting עננו in such a scenario as many poskim argue that a half fast is not considered a fast and therefore one would not want to risk speak falsely, particularly when he is speaking to Hashem.<br />
<br />
*[https://www.theyeshivaworld.com/news/israel-news/1841977/hagaon-harav-chaim-kanievsky-calls-to-fast-for-half-a-day-on-erev-rosh-chodesh.html Rav Chaim Kanievsky] declared a half fast on Erev Rosh Chodesh Nissan 5780.</ref> assuming he is still fasting when he prays Mincha.<ref>Mishna Brurah 562:6</ref> According to Sephardim one can only recite anenu if one fasts the entire day.<ref>Shulchan Aruch 562:10-11 holds that a incomplete fast is not considered a fast with respect to saying anenu. Therefore if one only fasts until chatzot one should not recite anenu.</ref><br />
#A person should accept the fast from the day before, as is traditionally done at mincha time. If one didn't do so, according to Sephardim one shouldn't recite anenu, but according to Ashkenazim one can recite anenu.<ref>Shulchan Aruch and Rama 562:5</ref><br />
<br />
==Mezuzah==<br />
<br />
#A person should not kiss any mezuzah, or any siddur or chumash of a shul or a public area at this time because of concern of spreading COVID19.<ref>[https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)], [https://www.jpost.com/israel-news/chief-rabbi-of-israel-due-to-coronavirus-stop-kissing-the-mezuzah-619753 Chief Rabbi Rabbi David Lau]</ref><br />
<br />
==Shalom Bayit==<br />
<br />
#It is critical to be mindful of other people when everyone is under stress and no one is completely comfortable. [https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Dr. Pelcovitz] discusses the implications quarantine can have Shalom Bayit.<br />
#It is forbidden for a couple to have [[tashmish]] at a night of famine<ref>Gemara Tanit 11a, Shulchan Aruch O.C. 240:12</ref> since everyone is in distress it is incumbent on everyone to take upon himself an aspect of distress.<ref>Mishna Brurah 574:9</ref> The same is true for any time of societal distresses.<ref>Rama 240:12 based on Yerushalmi Tanit. Olot Tamid 240:6 (cited by Kaf Hachaim 240:85) understands the Rama to apply to any type of tragedy that we would declare a fast over.</ref> Others disagree.<ref>Shaarei Knesset Hagedola (Hagahot Tur 240:5) writes that tashmish is only forbidden during a famine, plague of the crops, locusts and the like which cause a famine but not for other tragedies or troubles. Kaf Hachaim 240:85 rules like the Shaarei Knesset Hagedola either because that is the explanation of the Yerushalmi or we don't follow the Yerushalmi.</ref><br />
#It is permitted to have tashmish on mikvah night.<ref>Shulchan Aruch O.C. 574:11 writes that it is permitted for a couple to have tashish on mikva night. Mishna Brurah 574:11 cites the Magen Avraham who argues with Shulchan Aruch but then he cites the Bigdei Yesha and Nahar Shalom who are lenient and there's what to rely on to follow Shulchan Aruch. Mishna Brurah concludes that certainly one can be lenient at a time when it isn't a famine and it is just another time of distress in the world.</ref><br />
#It is permitted to have tashmish for a couple who didn't yet fulfill [[pru urevu]].<ref>Shulchan Aruch O.C. 240:12, 574:4, Mishna Brurah 240:47</ref> Once his wife is pregnant this leniency doesn't apply.<ref>Mishna Brurah 574:12</ref><br />
#If he has a strong yetzer hara and there is a concern of [[hashchatat zera]] it is permitted.<ref>Mishna Brurah 240:46</ref><br />
#There is what to rely upon to have tashmish at a time of war and there is no midat chasidut to be strict, especially for young couples even for someone who fulfilled pru urevu.<ref>Tzitz Eliezer 13:21</ref><br />
#During the time then the plague of corona virus is rampant in the world there is a lot to rely upon to have tashmish. Someone who wants to be strict can do so.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949166/rabbi-ally-ehrman/is-tashmish-hamitta-permitted-during-the-coronavirus-pandemic-/ Rabbi Ehrman on yutorah]. Rav Asher Weiss (Zoom Conference, March 22 2020, 11am, min 15) was lenient he said that the situation presently isn't one that rises to the level where we need to declare a fast. Also, since domestic violence recently has been on the rise because of the quarantines one shouldn't be strict in this area. </ref><br />
<br />
==Laid off Workers and Cancelled Contracts Because of Corona==<br />
<br />
#If there's a employee that is unable to work because of a societal or national crisis the employees should continue to be paid by the employers according to many opinions or at least they should make a compromise.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949287/rabbi-michoel-zylberman/coronavirus-and-laid-off-employees/ Rabbi Zylberman on yutorah]. Mordechai b"m 343 writes that if there's a decree in the town that the teachers can't teach the teachers should still be paid. Rama C.M. 321:1 cites this Mordechai and applies it to any worker in 334:1. The Sama 334:2 argues with the Mordechai and holds that since the employee can't work and both aren't at fault and both couldn't foresee this the employer is exempt. Netivot 334:1 limits the idea of the Mordechai to a teacher and not other employers since a teacher is paid for sachar betela (see [[Laws_of_Learning_Torah#Taking_Money_for_Learning_and_Teaching_Torah]]). Shach 334 holds that this opinion of the Mordechai only applies if majority of the town ran away because of a crisis but if only a minority runs away then the employee isn't entitled to payment. Aruch Hashulchan 334:10 has another approach. If the situation prevents the worker from working then he is entitled to pay but if he runs away then he isn't. Rabbi Zylberman explained from Mishpat Poalim we think that this is a case of Hamotzei Mchavero Alav Harayah, whoever is holding onto the money can claim that he is exempt from paying or returning the money. Rav Asher Weiss in Minchat Asher 2:106 says that they should make a compromise, and Rav Bleich ([https://www.sefaria.org/Contemporary_Halakhic_Problems%2C_Vol_IV%2C_Chapter_XIV_The_Intifada_and_the_Gulf_War.35?lang=bi&with=all&lang2=en Contemporary Halachic Problems v. 4]) thinks that we follow the Rama. Once the Chatom Sofer had a case in his town and he felt that they should pay but he couldn't force everyone to pay it so he told them to pay half. Rav Yona Reiss had a case where they made a compromise. <br />
<br />
*Rav Asher Weiss (Zoom Conference, March 22 2020, 11am, min 21-25) thought that one should compromise and give the workers who aren't working 30% of their pay. This applies Jewish and non-Jewish workers. This is based on the Rama and Sama CM 221. As for the day schools and daycares that are closed and not providing services one theoretically should be exempt. Since it might be devastating to the schools one needs to wait until the government makes a decision. Either way, we should wait until there is a major decision from the government or authorities and follow that. Until then for the schools we should pay so that the teachers can have a salary for their [[parnasa]].</ref><br />
#This applies to contractors for cancelled events as well.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949287/rabbi-michoel-zylberman/coronavirus-and-laid-off-employees/ Rabbi Zylberman on yutorah]</ref><br />
#If someone rented out an apartment to someone and then he wants to retract because of a concern that the potential tenants have the virus, some say that it is forbidden to back out of the contract.<ref>[http://kol-barama.co.il/item/%D7%A4%D7%99%D7%A7%D7%95%D7%97-%D7%A0%D7%A4%D7%A9-%D7%A7%D7%95%D7%A8%D7%95%D7%A0%D7%94-%D7%A2%D7%A4%D7%99-%D7%94%D7%94%D7%9C%D7%9B%D7%94/ Rav Yakov Sinai] based on Rama in teshuva, Shach CM 312 and other sources</ref> The same is true of a hotel or pesach program that was cancelled.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951789/rabbi-hershel-schachter/piskei-corona-27-the-importance-of-tzedaka-and-chesed/ Rav Schachter (Piskei Corona #27)] writes that it is important to reach a peshara, compromise, with respect to the question of how much a person should be paid in return for the pesach programs that were cancelled.</ref><br />
<br />
==Yeshiva Tuition==<br />
See previous section about the background for this question.<br />
<br />
#Even though the question of whether a person should pay tuition while it is closed is subject to debate a person should make sure to pay in full as the yeshivot do not have enough money and it is critical to give tzedaka at this time, which is a great merit to protect oneself from any danger.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951789/rabbi-hershel-schachter/piskei-corona-27-the-importance-of-tzedaka-and-chesed/ Rav Schachter (Piskei Corona #27)</ref><br />
<br />
==[[Bikur Cholim]]==<br />
<br />
#A person doesn't have to and shouldn't visit someone who has a virus that contagious such as corona.<ref>[http://kol-barama.co.il/item/%D7%A4%D7%99%D7%A7%D7%95%D7%97-%D7%A0%D7%A4%D7%A9-%D7%A7%D7%95%D7%A8%D7%95%D7%A0%D7%94-%D7%A2%D7%A4%D7%99-%D7%94%D7%94%D7%9C%D7%9B%D7%94/ Rav Yakov Sinai (min 3)] explains that although the Rama in a teshuva and Knesset Hagedola hold that one should visit the sick even if they have a contagious disease, the Shulchan Gavoha and others disagree and that is the halacha.</ref><br />
#A person fulfills the mitzvah of bikur cholim on the phone according to many poskim.<ref>[https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Shlomo Aviner (Keter Yitnu Lecha p. 34)] citing Igrot Moshe YD 1:223 and Tzitz Eliezer 8:5. Rav Aviner added that the main idea of bikur cholim is to do what is best for the patient and in our context that is to call.</ref><br />
#Someone who is praying for a mortally ill patient to get better and doesn't know if he is still alive should pray for his well-being and not specifically for him to get better.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951537/rabbi-hershel-schachter/piskei-corona-25-davening-for-the-sick/ Rav Schachter (Piskei Corona #25)]</ref><br />
<br />
==Burial and Mourning==<br />
===Burial===<br />
<br />
#Each place should follow the guidelines that are in place for safety. If a minyan isn't possible, then the next thing that is to try to have is Jews doing the burial. If they don't even let that, then afterwards a Jew should check that the burial by the non-Jews was done properly in the ground.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 26-8)]. [https://www.yutorah.org/sidebar/lecture.cfm/951298/rabbi-hershel-schachter/piskei-corona-20-tahara-for-meisim/ Rav Schachter (Piskei Corona #20)] said that they should specifically have as few people as possible for the burial and maybe just the workers and that too fulfills the mitzvah of burial.</ref> It is forbidden to cremate and it is still considered not dangerous to properly do a burial with no tahara and minimal involvement of the fewest people or simply the cemetery workers.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951298/rabbi-hershel-schachter/piskei-corona-20-tahara-for-meisim/ Rav Schachter (Piskei Corona #20)]</ref><br />
#At this time the chevra kadisha should not perform a tahara for the deceased since it could lead to danger.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951298/rabbi-hershel-schachter/piskei-corona-20-tahara-for-meisim/ Rav Schachter (Piskei Corona #20)]</ref><br />
#A person who was buried in America because of the corona virus but was planned to be buried in Israel can later when the virus isn't an issue be reburied in Israel, even though generally we don't rebury someone who was buried.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)]</ref> See the topic of [[Laws_and_Customs_of_a_Funeral#Under_What_Circumstances_is_it_Permitted_to_Move_Someone_Buried.3F|reburying a corpse]] in general.<br />
#Regarding burials on Yom Tov and Yom Tov Sheni, see [https://www.yutorah.org/lectures/lecture.cfm/951790/rabbi-hershel-schachter/piskei-corona-28-guidelines-for-burial-on-shabbos-and-yom-tov/ Rav Schachter's Guidlines for burial on Shabbat and Yom Tov]<br />
<br />
===Kriyah===<br />
<br />
#The rabbi could do the [[Kriyah]] for the mourner with gloves and a mask or he can simply tell the mourner to do it.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Willig (min 29)]</ref><br />
<br />
===Avelut===<br />
<br />
#A person who is no going to be involved in the burial anymore because the deceased was given to the chevra kaddisha then he is not considered an [[Onen]] anymore and should begin [[Avelut]] (mourning). However, if he is going to call relatives to tell them about the levaya then he is still an [[Onen]].<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)]</ref>. If he is going to watch the burial with Zoom or listen on the phone it is unclear if he is still an Onen.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)] isn't certain if a person involved in the burial merely because he is watching via Zoom is still considered an Onen. [https://www.yutorah.org/sidebar/lecture.cfm/839779/rabbi-asher-bush/%d7%94%d7%aa%d7%97%d7%9c%d7%aa-%d7%90%d7%91%d7%99%d7%9c%d7%95%d7%aa-%d7%9c%d7%9e%d7%99-%d7%a9%d7%90%d7%99%d7%a0%d7%95-%d7%a0%d7%9e%d7%a6%d7%90-%d7%91%d7%a7%d7%91%d7%95%d7%a8%d7%aa-%d7%90%d7%91%d7%99%d7%95-%d7%95%d7%9e%d7%a9%d7%aa%d7%aa%d7%a3-%d7%a2-%d7%99-%d7%94%d7%98%d7%9c%d7%a4%d7%95%d7%9f/ Rav Asher Bush] wrote based on MPeninei Harav p. 202 that he considers someone phoning into a burial to not be an Onen unless they're going to ask him questions about the burial.</ref><br />
#On [[Erev Pesach]] if someone is buried before [[Chatzot]] (midday) the relatives should observe [[Avelut]] (mourning) before Chatzot and then at Chatzot it is considered like a Yom Tov and the rest of the [[Shiva]] is cancelled. If the person is buried after [[Chatzot]] they should observe Avelut before Yom Tov and then the Yom Tov will come and cancel the rest of [[Shiva]].<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)]</ref><br />
#A mourner shouldn't eat his first meal after the burial, the [[Seudat Havrah]], from his own food; other should provide that food. If at this time when people are concerned for COVID19 and might not send food, if the mourner knows that he isn't going to be sent food, he can eat the first meal from his own food.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)]</ref><br />
<br />
===Kaddish and Iyluy Neshama===<br />
<br />
#Under the circumstances a person can not recite the kaddish because minyanim aren't available. Therefore, a person should take upon himself to learn mishnayot for the deceased.<ref>Rav Asher Weiss (Minchat Asher Corona pp. 58-9)</ref><br />
<br />
See [[Practices_in_the_Mourner%27s_House#Iyluy_Neshama]] and [[Kaddish]] pages.<br />
<br />
==[[Kibbud Av Vem]]==<br />
<br />
#If one's parents ask him to do something which the department of health has deemed unsafe a person should not listen to his parents in such a case and that isn't a breach of Kibbud Av Vem.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-2-Mar-25-2020.pdf Rav Schachter (Teshuva Adar 29 5780)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
<br />
==Violating Shabbat for [[Pikuach Nefesh]]==<br />
'''On Shabbat or Yom Tov, if anyone has any concern whatsoever that they are in serious danger because of deteriorating health, they should immediately call a doctor or [[Going_to_and_Staying_in_the_Hospital_on_Shabbat|go to the hospital]].'''<br />
<br />
#It is a well established halacha that it is not only permitted but even a mitzvah to violate [[Shabbat]] in order to safe a life or to remove a situation that presents even a slight chance of danger.<ref>Shulchan Aruch O.C. 328:13</ref> The question is how to define the threshold of danger.<ref>[http://nleresources.com/2020/03/rav-asher-weiss-coronavirus-in-halacha/#.XnoNOIjYrIU Rav Asher Weiss (March 15 2020, min 18-22) to Beit Midrash Gavoha] explained that the definition of danger in order to violate Shabbat isn't defined by statistics. For vaccinations we assume that it is a sakana not to vaccinate even though the odds of dying because of the measles is low. Since it is preventable it is incumbent upon us to vaccinate. He concludes that as long as it is a natural phenomenon and there is an action that we can do to prevent deaths we must do so.</ref><br />
#In certain cases of emergency regarding corona virus it would be allowed to violate Shabbat.<ref>[https://www.theyeshivaworld.com/news/headlines-breaking-stories/1841156/harav-zilberstein-answer-telephone-on-shabbos-if-awaiting-results-of-coronavirus-test.html Rav Zilberstein] allowed a patient to answer the phone on Shabbat with a [[shinuy]] only to hear the results of a test and answer questions for epidemiological investigation. If the test results that show that a patient has the virus are produced on Shabbat it is incumbent for the health department to deal with the quarantine then and it is permitted to answer the phone for that.</ref> Obviously every single case is different and one should learn the laws of Pikuach Nefesh from a rabbi in advance.<br />
#If a person is discharged from the hospital on Shabbat and they need him to leave because of the lack of space that they have because of the numbers of people who are ill, his family member can drive to get him. They should do a [[Shinuy]] when turning on the car like turning the key with one's weaker hand, or pressing the button on the key with one's knuckle. Also, when turning off the car one should use a Shinuy.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950282/rabbi-hershel-schachter/piskei-corona-6-pikuach-nefesh-on-shabbos/ Rav Schachter (Piskei Corona #6)]</ref><br />
#If a relative is in the hospital and the family members would call the hospital that would indicate to the doctors and nurses that the family cares and the patient will receive better treatment, it is permissible to do so on Shabbat or Yom Tov.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951791/rabbi-hershel-schachter/piskei-corona-29-calling-the-hospital-on-shabbos-or-yom-tov-to-advocate-for-relatives/ Rav Schachter (Piskei Corona #29)]</ref><br />
<br />
==Doctors Working in the Hospital==<br />
<br />
#Regarding the larger issue of halachic triage see [https://www.yutorah.org/lectures/lecture.cfm/951531/rabbi-hershel-schachter/piskei-corona-15-triage-in-medical-decisions-updated-/ Rav Schachter (Piskei Corona #15 Updated)]. Here is a relevant [https://docs.google.com/document/d/1CtQ_XHzQarzg_0PEQODCO1ATKlM_cEmvPsXa8kdpgJA/edit sourcesheet on Halachic Triage]. [https://aiayk.org/pesachaudio/ Rav Asher Weiss (Teleconference April 6 2020, min 5-15)] discusses triage in halacha and what doctors should do.<ref>Rav Asher feels that there are only two factors that we consider for halachic triage: give precedence to someone who is in immediate danger, and give treatment to whoever has a better chance for survival. Age or spiritual need for the community are not factors for precedence. <br />
<br />
*Rav Asher says that for choleh shebifanenu the knowledge that another choleh is going to come in soon is considered pikuach nefesh if will with certainty be helpful. Therefore, if an older patient comes into the hospital but they know a younger patient is going to come in, they can consider them as though they came in together and treat according to who is in immediate danger and who has the better chance to live. Rav Schachter felt the same way in his teshuva.<br />
*If a hospital has a certain regulation, does he need to disregard the hospital protocols? Rav Asher Weiss felt that the doctors should not disregard hospital protocol, for multiple reasons but partly because if he doesn't he'll lose his license and having more able doctors at this time is pikuach nefesh.<br />
*Pulling a patient off a ventilator because someone entered the hospital who has a better chance of living, Rav Asher (min 27) felt is forbidden. Rather the doctor should say that he feels uncomfortable to do this and should let another doctor do it. Rav Schachter felt that one should try to convince the older patient to sign a DNR at that point in order to save the younger patient.</ref><br />
#A doctor may and is encouraged to perform a life saving procedure if he is wearing the correct protective gear.<ref>[https://aiayk.org/pesachaudio/ Rav Asher Weiss (Aguda Teleconference, April 6, 2020, min 18-22)] explains that you can’t put yourself in danger. However, you can if you’re saving someone from an immediate danger and you’re putting yourself in minimal danger then it is a middat chasidut to do so. Therefore, a doctor should do mechanical ventilation CPR on a COVID19 patient if he has the correct protective gear.<br />
<br />
*Rav Asher (min 33) allowed sharing ventilators when the doctors see fit in order to save another life because moving a patient from a single ventilator to a shared ventilator isn't considered doche nefesh mipnei nefesh since it isn't proven to be dangerous to use a shared ventilator. He also cited the Chazon Ish regarding turning the arrow to the side killing fewer people to save more people.<br />
*Rav Asher (min 38) said that a doctor who isn't in that particular field or is retired or has vacation doesn't have to volunteer but his doing so would be a middat chasidut. However, if he is endangering himself such as if he's over 70, he is immune compromised, or has a family member who is, then he shouldn't volunteer.</ref><br />
#A doctor returning from the hospital on Shabbat and needs to shower for health reasons so as not to catch the corona virus on his body or clothing, may do so. If he can manage with a cold shower, he should do so. If he can't, he may turn on the hot water with a [[shinuy]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/951538/rabbi-hershel-schachter/piskei-corona-26-showering-when-returning-home-from-the-hospital-or-the-mikvah-on-shabbos-or-yom-tov/ Rav Schachter (Piskei Corona #26)]. See there for how he distinguishes this from the woman returning from the mikveh on Shabbat.</ref><br />
<br />
==[[Mesira]] and Rodef==<br />
<br />
#If your doctor actually ascertains that there is a sakanat nefashot, mortal danger, involved with a certain large gathering that someone is doing then it is permitted to tell the authorities. However, otherwise it is forbidden because of informing upon another Jew ([[mesira]]). This can be a very difficult measure to actually properly assess.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Willig (min 41)]</ref> Some say that it is obligatory to be moser to the police on someone who is supposed to be in quarantine and isn't.<ref>Rav Asher Weiss (teshuva "Mechuyav Bbidud" Chol Hamoed Pesach 5780)</ref><br />
#Some hold that if a person is supposed to be in quarantine and they are not they are considered a rodef. However, obviously one should first speak to him and convince him to do what is safe.<ref>[https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 36)] citing Rav Zilberstein</ref><br />
<br />
==Links==<br />
<br />
*[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal Q&A about Corona]<br />
*[https://rabbidunner.com/coronavirus-qa-with-rav-hershel-schachter/ Transcription of Q&A with Rav Schachter by Rabbi Dunner]<br />
*[https://www.theyeshivaworld.com/news/featured/1839350/no-shul-yeshivas-shabbos-guests-levayos-shiva-vaad-harabanim-of-bergen-county-releases-letter.html RCBC letter calling for the closing of Shuls and Schools]<br />
*[http://www.torahweb.org/ TorahWeb] hosts many resources for Corona halacha including Rav Schachter's Teshuvot<br />
*[http://www.kolcorona.com/ KolCorona.com] a Torah resource, initiated by Rabbi Reuven Taragin, for those affected by Corona<br />
<br />
==Sources==<br />
<references /><br />
[[Category:Orach Chaim]]</div>YitzchakSultanhttps://halachipedia.com/index.php?title=Halachot_Related_to_Coronavirus/COVID-19_Pandemic&diff=25539Halachot Related to Coronavirus/COVID-19 Pandemic2020-04-12T13:16:36Z<p>YitzchakSultan: /* Buying for Pesach */</p>
<hr />
<div>[[Image:3D medical animation corona virus.jpg|right|300px]]<br />
All rabbinim agree that one should be cautious with all the health guidelines and social distancing<ref>[https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 34)] interestingly describes the sources in general about the Jewish view on handshaking and whether it is a [[Chukot Hagoyim]]. The poskim hold that in it isn't however, at this time it is forbidden because of the health concerns.</ref> set up by the government and other local institutions in order to stay safe and help prevent getting others sick.<ref>[https://www.torahanytime.com/#/lectures?v=104843 Rav Yitzchak Yosef], [http://www.torahweb.org/torah/docs/rsch/RavSchachter-with-doctors_Mar-15-2020.pdf Rav Hershel Schachter], Rav Asher Weiss (Teleconference March 22 2020), [https://www.ou.org/covid19/ OU (March 20 2020)], [https://www.torahanytime.com/#/lectures?v=106099 Rav Shmuel Fuerst (min 53)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal], [https://www.jpost.com/israel-news/leader-of-ultra-orthodox-world-calls-for-lone-prayer-due-to-coronavirus-622805 Rav Chaim Kanievsky], [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Shlomo Aviner (Keter Yitnu Lecha p. 34)], and RCBC letters. An article on [https://www.kikar.co.il/abroad/354170.html kikar.co.il] describes how the gedolim are currently davening privately including: the Gerre rebbe, Rav Shalom Kohen, Rav Gershon Edelstein, Rav Moshe Shternbuch, Rav Yitzchak Yosef, Sanser Rebbe, Rav Bakshi Doron, Rav Dovid Yosef, Bavian Rebbe, and Rav Sheiner.<br />
<br />
*Endangering Oneself to Learn Torah: Ketubot 77b records and praises the practice of Reish Lakish to teach Torah to those ill with tzarat, some translate as leprosy, even though it is contagious. The gemara explained that he did so out of his love for Torah. Daf Al Hadaf cites Mishnat Pikuach Nefesh 69:7 who asks how Reish Lakish could endanger himself and rely on a miracle. He answers that the disease he was concerned with was only dangerous to health but not life threatening.</ref> Coronavirus, as it causes a serious health threat to some people, inhibits any social gatherings and semachot, and has severely damaged the economy and livelihood of certain people, poses a serious challenge to everyone. We all need to daven and take advantage of the circumstances in order to best serve Hashem. As a thoughtful Jew, it is incumbent upon a person to take to heart some important lessons of life and re-strengthen himself in his commitments. <ref>Rambam Taniyot 1:1-3, [https://www.torahanytime.com/#/lectures?a=105844 Rav Reuven Epstein] emphasizes that we need to take a lesson from corona since it overtly a hardship for Jews and humanity and a sign from Hashem. [https://www.yutorah.org/lectures/lecture.cfm/949185/rabbi-menachem-penner/shema-everything-is-from-hashem/ Rabbi Penner] discussed how we can revitalize our strength in mitzvot at this time based on better appreciating the lessons of Shema. Rav Asher Weiss (Teleconference March 22, 2020) introduced his shiur by discussing how we can strengthen our commitment to [[Ben Adam Lchavero]]. [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha)] wrote many lengthy pieces on the hashkafic questions related to COVID19.</ref> Additionally, on a practical level, COVID19 has many implications for people, and below is a small collection of the relevant halachot.<br />
<br />
==[[Tefillah]]==<br />
When davening at home one should be cognizant of the following ideas:<br />
<br />
#The best time to pray is Netz. According to many poskim this is equivalent to praying with a minyan.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz], Laws of Praying Beyachid (Adar 5780) by Rabbi Yonatan Nacson p. 1 citing Yalkut Yosef 89:1</ref><br />
#A person should daven in a [[makom kavuah]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] and [https://www.star-k.org/videos.php Rabbi Moshe Heinemann around minutes 5-7]</ref><br />
#It is preferable to daven with two people instead of one.<ref>Rav Asher Weiss (Minchat Asher, Volume on coronavirus, Inyane Tefila section, Chapter 16, Subchapter 2, page 41). Rav Asher Weiss adds that there is no distinction between a man or a woman in this situation, so praying with one's wife or daughter is equally preferable to praying with one's son. </ref><br />
#A person should daven in front of a wall so that there's no distractions in front of him.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]</ref><br />
#A person can and should daven near a window that serves as a means of being inspired to look towards heaven.<ref>Shulchan Aruch 90:4 writes that there should be windows in a place where one davens. [https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] suggested that the same should be done for when we daven at home to daven in a place where there is a window.</ref><br />
#A person can daven [[Shemona Esrei]] aloud if it helps his kavana. It also serves as a role model for children.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]</ref><br />
#A person shouldn't daven in a room that is usually used for frivolity.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]</ref><br />
#A person shouldn't daven in front of an open bathroom.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]</ref><br />
#At a time of a plague such as our times it is advisable to say [[ketoret]] which has the power to end a plague.<ref>Laws of Praying Beyachid by Rabbi Nacson p. 2, [https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] citing Rabbi Akiva Eiger teshuva 71</ref><br />
#According to some, at this time a person should recite Avinu Malkenu in [[Shacharit]] and [[Mincha]],<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] quoting Rav Schachter</ref> while others emphasize how one must focus on Teshuvah and reciting all parts of the regular seder haTefillah first.<ref>[https://www.torahanytime.com/#/lectures?v=104864 Rav Bention Mutzafi (55:10)]</ref> Avinu Malkenu should not be recited during [[Nissan]].<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal] stated that one should not recite Avinu Malkenu during Nissan. See Divrei Yatziv OC 75 for different minhagim about saying Avinu Malkenu during Nissan. See discussion page.</ref><br />
#Eating a meal before davening when the time comes to daven a certain tefillah should be avoided since generally we are lenient about this since we go to established minyanim but for when that isn't possible we should be more strict about this.<ref>Mishna Shabbat 9b, [https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]. [https://www.star-k.org/videos.php Rabbi Moshe Heinemann] around minutes 5-7 says that if one sets an alarm, that should be sufficient</ref> See details here about [[Eating before Davening| eating]] and [[Other Activities before Davening| doing activities before davening]].<br />
#When davening as a family, in a temporary fashion, some hold that it isn't necessary to have a [[mechitza]] and the men and women can simply daven on different sides of the room.<ref>Igrot Moshe 5:12:1 writes that regarding a Shabbos Sheva Brachos since it is just the family and it is a temporary situation no mechitza is necessary.</ref> See [[Mechitza]] for more details.<br />
#A person shouldn't forget to recite [[Birkat Halevana]] by themselves when they see the moon. It can be said from indoors. See [[Birkat Halevana]] page for details.<br />
<br />
===Parts of Davening to Skip===<br />
<br />
#On Friday night an individual doesn't recite [[Shabbat_Davenings#Me.27ayn_Sheva |Magen Avot]] after Shemona Esrei of Maariv.<ref>Laws of Praying Beyachid p. 10 citing Shulchan Aruch O.C. 268:8</ref> However, one should recite Vayechulu.<ref>[https://vimeo.com/399141271 Rabbi Moshe Heinemann] at around 24:45. At around 34 minutes, he clarifies that this can be done even by yourself, though normally we try to say it with at least two </ref><br />
#One doesn't recite [[Baruch Shemey]] when praying by oneself since it is part of the activity of removing the Sefer Torah.<ref>Mishna Brurah 134:13</ref><br />
<br />
==Minyan via Porches or Technology==<br />
<br />
#It is forbidden to have a minyan in person whether it is in a shul, shteibel, home, or backyard.<ref>[https://www.ou.org/covid19/ OU]. [https://www.yutorah.org/lectures/lecture.cfm/951048/rabbi-hershel-schachter/piskei-corona-14-forming-a-minyan-outside/ Rav Schachter (Piskei Corona #14)] writes that a person shouldn't try to make a minyan on his lawn spread out even if there's a small remote chance of spreading the virus. He also held that making a minyan with ten people standing on different balconies or porches doesn't count as a minyan. [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)] writes that certainly a person should not attend a minyan because of the danger and one may not rely on the zechut of a minyan to protect him, one needs to be safe. Rav Asher Weiss agrees that one must pray alone in order to avoid potential danger (Minchat Asher, Volume on coronavirus, Inyane Tefila section, Chapter 16, page 36). </ref> There is an exemption from tefila in a minyan due to the danger of the pandemic.<ref>Rav Asher Weiss (Minchat Asher, Volume on coronavirus, Inyane Tefila section, Chapter 16, Subchapter 1, page 40).</ref><br />
#If there ten people standing on their own porches and can see one another, some say that one can not create a minyan in such a manner, while others hold that one can.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951048/rabbi-hershel-schachter/piskei-corona-14-forming-a-minyan-outside/ Rav Schachter (Piskei Corona #14)] holds that it isn't a valid minyan. However, Rav Shternbuch (teshuva Nissan 8 5780) held that it is a valid minyan. To satisfy all the opinions the shaliach tzibur should have in mind that when he does chazarat hashatz that he could be praying a voluntary tefillah. They can't join if they're across the street and within ten tefachim of the ground. The shaliach tzibur needs to be able to see everyone. For kriyat hatorah that is done with porches initially one should call up the baal koreh or anyone on his porch, then one can even call up to an aliya someone on another porch as long as he can hear the baal koreh. The kohanim should leave before retzah because they can't say birkat kohanim. Someone davening alone doesn't have to hear kriyat hatorah since it is an obligation of the community and not individual. Rav Asher Weiss (Teleconference with Aguda, April 2 2020) was also inclined to hold that it is possible to make a minyan with people on porches who can see each other.<br />
<br />
*Mishna Brurah 55:48 based on Rashba responsa 1:96 holds that one can learn from the laws of zimmun that if people can see each other they can join for minyan.<br />
<br />
Rav Asher Weiss writes that a minyan can be created between men praying from their respective porches in order to prevent the grave danger of congregating in closer proximity, and kadish and kedusha may be recited (Minchat Asher, Volume on coronavirus, Inyane Tefila section, Chapter 18, Subchapter 2, page 53)</ref><br />
#You can't create a minyan with a video (e.g. zoom or skype) or phone call but one can join a minyan of ten men in one room with a video or phone call in order to answer [[dvarim shebekedusha]].<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)], Rabbi Nacson in Laws of Praying Beyachid p. 4 based on Yalkut Yosef 5775 ed Yamim Noraim p. 17, Yabia Omer 1:19:18, Chazon Ovadia Purim p. 56</ref><br />
#It isn't considered a minyan for people to join together to daven on a video conference but it is still spiritually valuable.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)]. Rav Asher Weiss says that it is appropriate to fix a time for people to pray together remotely. Rav Asher adds it will help ascertain that prayer is done properly, on time and with concentration. Nonetheless, chazarat hashatz and devarim shebikdusha must be omitted. (Minchat Asher, Volume on coronavirus, Inyane Tefila section, Chapter 17, pages 45-46)</ref><br />
<br />
===Answering [[Amen]]===<br />
<br />
#Even if there is a time delay between the person reciting the bracha and the one answering it that wouldn't be considered an [[Amen Yetoma]].<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)], [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)], Rabbi Nacson in Laws of Praying Beyachid p. 4 based on Yalkut Yosef 5775 ed Yamim Noraim p. 17, Yabia Omer 1:19:18, Chazon Ovadia Purim p. 56</ref><br />
<br />
===Megillah===<br />
<br />
#There is a major dispute if a person could fulfill their mitzvah of listening to the megillah on the phone or through watching a live streamed video. Some rabbanim advised this,<ref>Rav Schachter cited by [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)] and Rav Aviner agreed.</ref> while others hold that one can't fulfill one's mitzvah at all.<ref>Rav Dovid Feinstein cited by [http://podcast.headlinesbook.com/e/coronavirus-what-the-halacha-tells-us/ Rabbi Fink] and [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)]</ref> See this topic explained more fully here: [[Brachot_Through_a_Microphone]].<br />
<br />
==Netilat Yadayim==<br />
<br />
#If a person wants to wash his hands with soap and wash [[Netilat Yadayim for a meal]], one should first wash Netilat Yadyaim for the meal, dry the hands, recite the bracha, and then wash one's hands with soap and then recite the Hamotzei.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Willig (min 30-34)]</ref><br />
<br />
==Shabbat Davening==<br />
===Friday Night===<br />
<br />
#Although the reason for reciting Shalom Alechem on a Friday night is that the angels accompany you home from shul and you welcome them to your home, if one was unable to attend shul on a Friday night, he would still sing Shalom Alechem.<ref>[https://vimeo.com/399141271 Rabbi Moshe Heinemann] at around 28:30 in the name of Rav Moshe Feinstein, because Hashem will not punish you by not sending the angels when you weren't able to attend</ref><br />
<br />
===Davening for the Sick===<br />
<br />
#It is generally prohibited to daven on Shabbat for our needs or for the well-being of a sick person. However, if the person is in a state of mortal danger one may daven for his well-being on Shabbat.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951537/rabbi-hershel-schachter/piskei-corona-25-davening-for-the-sick/ Rav Schachter (Piskei Corona #25)]</ref> See [[Shabbat_Davenings#Personal_Requests]] for all of the details of this topic.<br />
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===[[Kriyat Hatorah]]===<br />
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#A person who is at home and can't be at shul should nonetheless read the parsha from a chumash between Shacharit and Mussaf as a way of remembering the concept of kriyat hatorah. He can use that reading as part of his reading of [[Shenayim Mikra Vechad Targum]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] quoting Rabbi Willig. [https://www.star-k.org/videos.php Rabbi Moshe Heinemann] around minutes 7-10 agrees that you should do so on Shabbat, but that it is not necessary on Monday and Thursday. </ref> Some think this doesn't accomplish anything.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950291/rabbi-hershel-schachter/piskei-corona-8-krias-hatorah/ Rav Schachter (Piskei Corona #8)]</ref><br />
#When the congregation misses a kriyat hatorah they can make it up by reading two parshiyot next week in Shul. However, if they miss multiple weeks there is a discussion if they should or could make up all of the parshiyot that they missed.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] based on Rama and Magen Avraham</ref><br />
#A person should not move a sefer torah out of a Shul for a home minyan.<ref>[https://drive.google.com/file/d/14IUOs2OOMhloqYwnbv3iKGrWS6GbYGId/view?usp=drivesdk Rabbi Yonatan Nacson in Laws of Praying Byachid (p. 10)] citing Rav Asher Weiss</ref> See [[Respecting_a_Sefer_Torah#Transporting_a_Sefer_Torah]] for more details.<br />
#There still is an obligation of [[Shenayim Mikra Vechad Targum]] when the there is no congregation doing the Kriyat Hatorah in shul.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950291/rabbi-hershel-schachter/piskei-corona-8-krias-hatorah/ Rav Schachter (Piskei Corona #8)</ref><br />
#One doesn't recite [[Baruch Shemey]] when praying by oneself since it is part of the activity of removing the Sefer Torah.<ref>Mishna Brurah 134:13</ref><br />
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===Anim Zemirot===<br />
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#A person davening alone doesn't have to recite Anim Zemirot.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951536/rabbi-hershel-schachter/piskei-corona-24-anim-zmiros-without-a-minyan/ Rav Schachter (Piskei Corona #24)] explains that anim zemirot was instituted only for a minyan, and according to Rav Soloveitchik was considered a [[dvar shebekedusha]].</ref><br />
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==[[Hagomel]]==<br />
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#A person who was quarantined and got out of quarantine doesn't recite Hagomel since they were in no danger.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
#A person needs to recite [[hagomel]] in front of a [[minyan]] of ten men. Some suggest that this can be recited before ten people listening on a video or phone call and can answer amen. Even though they aren't present, the minyan in this context is purely to publicize the idea so it is permissible.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)]</ref> Others disagree and as long as the minyan isn't in the same room one can not recite hagomel.<ref>Divrei Dovid 4:3</ref><br />
#According to Ashkenazim, if a person is ill with a sickness to the point that he is a choleh sheyesh bo sakana, a concern of mortal danger, he should recite Hagomel, but if he less sick than that there is no need to recite Hagomel.<ref>Rama 219:8, [http://nleresources.com/2020/03/rav-asher-weiss-coronavirus-in-halacha/#.XnoNOIjYrIU Rav Asher Weiss (March 15 2015, min 11)]</ref> Sephardic tradition is to recite Hagomel anytime someone was sick in bed such as with a flu or bad cold even for a short period of time.<ref>[https://itorah.com/global-search/birkat%20hagomel Rabbi Mansour ("Saying Birkat Hagomel Within 3 Days and Laws of Birkat Hagomel Following A Sickness")]</ref><br />
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==[[Bedikat Chametz]] and [[Biur Chametz]]==<br />
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#A person should do bedikat chametz after praying by oneself at Tzet Hakochavim and then immediately begin the bedika. They should not have a meal within a half hour of the bedika.<ref>[https://www.torahanytime.com/#/lectures?v=106099 Rav Shmuel Fuerst (min 1-5)],[https://www.yutorah.org/sidebar/lecture.cfm/950401/rabbi-dan-cohen-rabbi-meir-gavriel-elbaz/pesach-prep-simplified/ Rav Meir Elbaz (min 17-8)]</ref><br />
#Because one can't do a large communal Chametz burning because gatherings aren't safe and even doing it with a few people at a time can look to non-Jews as unsafe. Rather one should just do biur chametz with a Kezayit by flushing it down the toilet.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-3-Mar-26-2020.pdf Rav Herschel Schachter (teshuva Rosh Chodesh Nissan 5780)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]. [https://www.jpost.com/Israel-News/Chief-Rabbis-Dont-leave-home-to-burn-chametz-for-Passover-623072 Rav Yitzchak Yosef and Rav David Lau] said that one should not go outside to burn chametz or kasher pots.</ref><br />
#A person should sell chametz in the house or office if he left there before he had the chance to do a bedikat chametz. By selling the chametz there he is absolving himself of having to do bedikat chametz.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/950401/rabbi-dan-cohen-rabbi-meir-gavriel-elbaz/pesach-prep-simplified/ Rav Elbaz (min 26)], Rav Asher Weiss (Teleconference, March 29 2020 11am)</ref><br />
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==Selling [[Chametz]]==<br />
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#If a person doesn't usually [[sell chametz]] and is afraid that if he doesn't sell chametz one year he isn't going to have food afterwards he can sell his chametz. He wouldn't require a [[hatarat nedarim]].<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (min 20)], [https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 9-11)]. [http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-3-Mar-26-2020.pdf Rav Herschel Schachter (teshuva Rosh Chodesh Nissan 5780)] explained the reason why the hatarat nedarim isn't necessary. [https://vimeo.com/399141271 Rabbi Moshe Heinemann] at around 46:45 agrees that if there is a big loss one can be lenient and sell chametz and it would not require hatarat nedarim, although he isn't so sure that it would be a big loss to an individual.</ref><br />
#A person can sell his chametz on the phone or online and if possible a kinyan can be made virtually in order to appoint the rabbi to sell the chametz. The kinyan would take place as follows: the rabbi would ask if there's someone standing next to the one who wants to appoint the rabbi and if there is then that person can give a pen or a utensil to the one who wants to appoint the rabbi as his shaliach. This is considered a valid kinyan between the person standing there and the one who wants to appoint the rabbi on behalf of the rabbi to be appointed. If that isn't feasible it isn't necessary. Nonetheless, one could stipulate in the document that this appointment of the rabbi is done with the full knowledge of its legal ramifications and it is accepted completely.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-1-Mar-24-2020.pdf Rav Hershel Schachter (Teshuva dated 28 Adar 5780 p. 2)], Nefesh Harav p. 179, [https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (min 1-5)] explained that the minhag is to make a kinyan to appoint a someone to sell something for you. This is classically done with a handing of a handkerchief from the rabbi to the one selling chametz. However, when they call on the phone that isn't possible. The Steipler held in such a case it isn't necessary to be careful about that minhag and simply have the person orally declare that he appoints the rabbi. However, Rav Soloveitchik felt that we should try to fulfill the minhag in any event. How can it be fulfilled? One can have someone standing in the room next to the person on the phone give something to the person on the phone on behalf of the rabbi. That is an effective halachic kinyan on behalf of the rabbi (see Kiddushin 7a). [https://www.torahanytime.com/#/lectures?v=106099 Rav Shmuel Fuerst (min 10)] explained that one can appoint the rabbi to sell his chametz online. Rav Asher Weiss (Minchat Asher Corona p. 66) agrees. [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal] allowed appointing the rabbi online if he is a talmid chacham.</ref><br />
#There is no issue with the selling of Chametz even though the Chametz is in a locked building or in a place that isn't accessible to the non-Jew because of the coronavirus situation.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950290/rabbi-hershel-schachter/piskei-corona-10-chametz-sheeno-birshuso/ Rav Schachter (Piskei Corona #10)]</ref><br />
#Some poskim allow ordering chametz on Pesach if one is certain that it will only be delivered after pesach.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951179/rabbi-hershel-schachter/piskei-corona-17-ordering-chametz-from-a-non-jew-on-pesach-to-arrive-after-pesach/ Rav Schachter (Piskei Corona #17)] explains that it isn't considered rotzeh bkiyumo, wanting the chametz to continue to exist, to order the chametz since one doesn't insist on any particular box of chametz that the company provides. However, one certainly may not acquire it with a kinyan such as picking it up or moving it. Even if it is delivered into one's property if one has intention not to acquire it, one doesn't acquire it. Yet, one can't even protect it since doing so is an issue of rotzeh bkiyumo. [https://yeshiva-university.zoom.us/rec/play/usAsduuh-283HoLAtASDAPZ9W9S0eq2s0igX-_pez0jkW3EFZFr1M7QRa7Qf9B_vOGt5lyO0vcW9I1-0?startTime=1585760529000&_x_zm_rtaid=CQsocm3ZRaq6pGgFL5OMGQ.1585880286593.75ff95374a21dbfc2f0c45524d508e2a&_x_zm_rhtaid=674 Rav Willig (April 1 2020, min 0-2)] agreed in technical terms.</ref><br />
<br />
==Buying for Pesach==<br />
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#If you have raw chicken or raw meat you don't have to worry that it is chametz even if it was processed in a place where there was chametz. You can simply wash it off to solve any question.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 11-15)]</ref><br />
#Sanitizing alcohol gel, such as Purell, isn't [[chametz]] since it isn't edible and can be used on Pesach.<Ref>Rav Asher Weiss (teshuva "Shimush Bpesach B'alchogel" Chol Hamoed Pesach 5780)</ref><br />
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==Kitniyot==<br />
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#Out of a concern of the coronavirus, this year some poskim permit taking vitamins which have additives of [[kitniyot]] in order to stay healthy and to strength one's immune system.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950289/rabbi-hershel-schachter/piskei-corona-7-kitniyos/ Rav Schachter (Piskei Corona #7)]</ref><br />
#Someone with Crohn's disease and needs to drink an enriched milk with kiniyot additives for his health can do so on Pesach. Also, he can do so within 6 hours after eating meat (see [[Waiting between Meat and Milk]]).<ref>[https://www.yutorah.org/lectures/lecture.cfm/950289/rabbi-hershel-schachter/piskei-corona-7-kitniyos/ Rav Schachter (Piskei Corona #7)]</ref><br />
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==[[Kashering for Pesach]]==<br />
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#Some poskim allow [[kashering a dishwasher]] for Pesach even though there are plastic and other materials in there that are questionable to kosher. One should wait 24 hours without using it and then use with just hot water and no soap. According to Ashkenazim this should be used to kosher it from Chametz but not from meat to parve or milk or vice versa.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-3-Mar-26-2020.pdf Rav Herschel Schachter (teshuva Rosh Chodesh Nissan 5780)]</ref><br />
#Some hold that one can kasher plastic, while others disagree. See on the [[Kashering_the_Kitchen_for_Pesach#Which_materials_can_be_kashered.3F]] page.<br />
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==Pesach Davening==<br />
===Hallel Pesach Night===<br />
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#There is a custom of Sephardic and some Ashkenazic communities to recite Hallel Pesach night in Shul. However, being that the current situation demands that a person needs to remain inside there is no way to fulfill this minhag and should not recite Hallel after davening. Rather one should only recite it at the Seder.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950285/rabbi-hershel-schachter/piskei-corona-9-hallel-on-pesach-night-and-tefillas-tal/ Rav Hershel Schachter (Piskei Corona #9)]</ref> Some Ashkenazic poskim would allow reciting a bracha.<ref>Rav Asher Weiss (Minchat Asher Corona p. 73-4) writes that a person who has the practice to recite the Hallel the night of the seder after davening can do so with a bracha even when davening individually.</ref><br />
#According to Sephardim, one should recite Hallel the night of the seder after davening with a bracha even though one is davening at home.<ref>Yachava Daat 5:34, Teshuva written by Rabbi Mordechai Lebhar author of Magen Avot (Erev Shabbat Hagadol 5780), Kaf Hachaim 487:38-42</ref><br />
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===Shir Hashirim on Chol Hamoed===<br />
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#Ashkenazim generally have the custom to read Shir Hashirim on Shabbat Chol Hamoed Pesach. This year since there is no minyanim available, when one davens at home individually, there is no obligation to read Shir Hashirim. One may do so but it isn't in fulfillment of the minhag.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950655/rabbi-hershel-schachter/piskei-corona-13-shir-hashirim-on-chol-hamoed-pesach/ Rav Schachter (Piskei Corona #13)]</ref><br />
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===Tefillat HaTal===<br />
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#One can recite the piyut for tal on Pesach was only instituted for a congregation, however if one wants to recite it one may do so.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950285/rabbi-hershel-schachter/piskei-corona-9-hallel-on-pesach-night-and-tefillas-tal/ Rav Schachter (Piskei Corona #9)]</ref><br />
#In Mussaf everyone should stop saying [[Mashiv Haruach Umorid Hageshem]] and instead recite Morid Hatal because one is davening individually and one may not change from the practice of saying Mashiv Haruach of the congregation until the Shaliach Tzibur has done so and this year there are no minyanim switching at mussaf. After Mussaf, starting with Mincha, one should follow their regular minhag if they usually recite Morid Hatal or not.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950285/rabbi-hershel-schachter/piskei-corona-9-hallel-on-pesach-night-and-tefillas-tal/ Rav Schachter (Piskei Corona #9)]</ref> See [[Mashiv_HaRuach_UMorid_HaGeshem#When_to_Stop_Morid_Hageshem_and_Start_Tal]] for the background.<br />
#For Sephardim, one may begin to recite Morid Hatal in Mussaf even though he praying individually and there is no minyan nearby.<ref>Kaf Hachaim 114:8 and Halacha Brurah v. 6 p. 145 rule that the primary halacha is that there's no prohibition to begin to start to say Morid Hatal before the Shaliach Tzibbur. It is only forbidden for an individual to begin Mashiv Haruach Umorid Hageshem before the congregation does. This is the approach of the Bet Yosef citing the Ran, Pri Chadash, and Maamar Mordechai, unlike the Raavad cited by the Tur 114:2. However, in a regular year, the Kaf Hachaim and Halacha Brurah recommend being strict for the Raavad to have the Shaliach Tzibur announce before the Mussaf that everyone should begin to say Morid Hatal.</ref><br />
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==Machine Matza==<br />
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#It is permitted under extenuating circumstances to use [[machine matza]] for the mitzvah of eating matzah on the seder night.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards beginning)]. This is acceptable for Sephardim as well even with a bracha as described by Rav Ovadia Yosef in Yachava Daat 1:14 and Chazon Ovadia (Pesach Hilchot Leil Haseder 5763 Edition p. 76). [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim] holds that one should really used hand baked matzah but if one can't acquire any then one can use machine matzah. [https://yeshiva-university.zoom.us/rec/play/uMB7I-D--j83ToDAtgSDUaJ7W9Xueqis0nRK-6FfmUm0VSMBZ1qjYLIbZbHenouY882eTH8fEnI5K7DA?startTime=1585587811000&_x_zm_rtaid=5PWyeRatQdGWZ2q1UH7K6w.1585657713810.05dafc99f0c11cb46ffb1a63ddd87e47&_x_zm_rhtaid=904 Rav Willig (min 2)] has a similar approach.</ref><br />
#Some say that there's no concern to have the hand baked matzot this year.<ref>Rav Asher Weiss (Teleconference March 22 2020, min 19) said that there's no concern to use the hand-baked matzot since they were baked earlier in the year. His personal minhag is to have only hand baked matzot. In terms of using machine matzah he felt that it is only a chumra not to use them even for the mitzvah of motzei matzah and one could use them if there's no other option.</ref><br />
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==[[Eruv Tavshilin]] and [[Eruv Chatzerot]]==<br />
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#A rabbi should establish an eruv tavshilin on behalf of his whole community. Even though usually he acquires it to another person who isn't a family member on behalf of the community, this year because of social distancing one can acquire it to one's wife. <ref>[https://www.yutorah.org/lectures/lecture.cfm/951181/rabbi-hershel-schachter/piskei-corona-19-eruv-tavshillin-and-eruv-chatzeiros-and-social-distancing/ Rav Schachter (Piskei Corona #19)]</ref><br />
#An eruv tavshilin works to allow cooking from Yom Tov to Shabbat even though it isn't possible to have guests in most cases.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951181/rabbi-hershel-schachter/piskei-corona-19-eruv-tavshillin-and-eruv-chatzeiros-and-social-distancing/ Rav Schachter (Piskei Corona #19)] explained that usually we use the concept of ''hoil'', since guests might arrive who can eat the food one cooked, to permit cooking from one day of Yom Tov to Shabbat. However, this year that seems not to be applicable. Rav Schachter explained based on the Maharam Chalavah that ''hoil'' doesn't necessitate that one actually have guests or even have the ability to have guests, it is rather a halachic principle since objectively it is possible to have guests the eruv is effective.</ref><br />
#The communal eruv chatzerot continues to be effective even though the communal box of matzah's might not be accessible.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951181/rabbi-hershel-schachter/piskei-corona-19-eruv-tavshillin-and-eruv-chatzeiros-and-social-distancing/ Rav Schachter (Piskei Corona #19)] explained that since theoretically it is possible to get the box alone for a few minutes it isn't completely inaccessible (see Har Tzvi OC 2:16).</ref><br />
#It is permissible to wear a surgical mask on Shabbat outside and it isn't [[carrying]] as long as it is fastened well and won't fall off.<ref>[https://itorah.com/daily-halacha/lecture/may-one-wear-a-surgical-mask-on-shabbat-in-a-public-domain/3803 Rabbi Mansour]</ref><br />
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==Birchat Ha'ilanot==<br />
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#One can recite birkat hailanot from indoors if one can see the trees but one may not recite them by seeing the trees on a video.<ref>Ateret Paz p. 154-6</ref> See the [[Birchat HaIlanot]] for more details and sources.<br />
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==[[Tanit Bechorot]]==<br />
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#A person should try to finish a short masecheta to make his own siyum.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-1-Mar-24-2020.pdf Rav Hershel Schachter (Teshuva dated 28 Adar 5780 p. 2)], [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref> Some say that learning one masechta with Bartenura is sufficient.<ref>[https://itorah.com/daily-halacha/lecture/ta-anit-bechorot-during-the-coronavirus-pandemic/3802 Rabbi Mansour], [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref><br />
#Many poskim say that he can rely on a siyum over the phone or video livestream.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-1-Mar-24-2020.pdf Rav Hershel Schachter (Teshuva dated 28 Adar 5780 p. 2)]. [https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards beginning)]. [https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 1-4)] explained that Rav Schachter and Rav Shlomo Zalman Auerbach hold that it is enough to listen and join with the siyum over the phone or video call. However, other poskim don't like this leniency. Rav Asher Weiss (Teleconference March 22 2020, min 7) agreed that one can be yotzei with a siyum over the phone or video for the tanit bechorot. [https://www.torahanytime.com/#/lectures?v=106099 Rav Shmuel Fuerst (min 6)] agreed that this year you can be yotzei the siyum over the phone since it is an extenuating circumstance. [https://youtu.be/Yo6IJi2V-bw Rav Avigdor Nevinsal] agreed that you can be part of a siyum over the phone and the meal one has afterwards is a seudat mitzvah. [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim] holds that it is better to make a siyum oneself even on a tractate of mishna but if that's not possible one can listen on the phone.</ref><br />
#Some say that in the event one can't make one's own siyum or even hear someone else's, one doesn't need to fast this year in order to maintain strength in this time of a health crisis.<ref>[https://itorah.com/daily-halacha/lecture/ta-anit-bechorot-during-the-coronavirus-pandemic/3802 Rabbi Mansour]</ref><br />
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==Birkat Halevana==<br />
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#Ideally one should recite birkat halevana outdoors.<ref>Rama 426:4</ref> If one can not do so one can recite Birkat Halevana from inside but initially one should open the window.<ref>Pri Megadim M"Z 426:4, Mishna Brurah 426:21</ref> See the [[Birkat HaLevana]] page.<br />
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==Chol Hamoed==<br />
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#One can't buy stocks or sell them on Chol Hamoed, however, if not selling them could lead to a loss of one's original capital that one invested one can sell it.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref><br />
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See [[Chol Hamoed]] for many details.<br />
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==Using Zoom for the Seder==<br />
<br />
#Although a minority of rabbis allow using Zoom for this emergency situation in a very extenuating circumstance where an elderly single person is alone for the seder away from family because of the quarantines to use technology to leave a video conference going for Yom Tov to join with a family seder,<ref>[http://www.israelnationalnews.com/News/News.aspx/277764 Rabbi Eliyahu Abergel and other rabbis]</ref> most rabbis consider this to be a breach of halacha.<ref>Rav Asher Weiss (Teleconference March 22 2020 11am, min 39; teshuva in Minchat Asher Corona pp. 75-6), [http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-2-Mar-25-2020.pdf Rav Herschel Schachter (teshuva Adar 29 5780)], [https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 20-22)], [https://www.inn.co.il/News/News.aspx/432065 Rav Yosef Tzvi Rimon]. Rav Willig's held that it is absolutely forbidden and it is a tremendous zilzul Shabbat besides questions of others prohibitions of Shabbat.</ref> There is a discussion if the firstgroup of rabbis retracted.<ref>[https://vosizneias.com/2020/03/24/the-heter-for-zoom-at-the-seder-is-incorrect-and-should-be-retracted/ Rabbi Yair Hoffman] describes how 3 of the original signers of the lenient ruling would only permit under life and death needs and not in general. However, [https://www.jpost.com/israel-news/zoom-passover-seder-rabbis-hit-back-at-critics-622494 another article] describes how some of the original rabbis who were lenient confirmed their opinions.</ref><br />
#It is suggested to perform a pre-pesach zoom seder for people who you can't invite to your seder in order to share divrei torah, songs, and the experience of the seder before Yom Tov.<ref>[https://www.inn.co.il/News/News.aspx/432065 Rav Yosef Tzvi Rimon]</ref><br />
#For someone who is clinically depressed to the point that there is a concern of suicide or just losing one's mind it is permitted to use a phone to call him to cheer him up and check on him. However, if there's a way to check the patient before Pesach one should do so.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-2-Mar-25-2020.pdf Rav Herschel Schachter (teshuva Adar 29 5780)]. [https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Willig (min 24)] agrees that we violate Shabbat for someone who is suicidal but they can use the phone.</ref> A person should check with his rabbi in each case.<br />
#A person should recite Ha lachma anya this year as one would any other year, even though that phrase is a call for inviting guests and this year that is impossible.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951299/rabbi-hershel-schachter/piskei-corona-21-can-we-say-kol-dichfin-this-year-/ Rav Schachter (Piskei Corona #21)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
<br />
==[[Sefirat Haomer]]==<br />
<br />
#If someone couldn't get a hair cut because the barbers were all closed before Pesach, then if one reached the point when it very noticeably long and people would tell him to get a haircut he can take a haircut during [[Sefira]]. Today it can be estimated that if it has been more than 2 months since his last haircut he can take a haircut during the Sefira.<ref>https://www.yutorah.org/lectures/lecture.cfm/950659/rabbi-hershel-schachter/piskei-corona-16-haircuts-on-chol-hamoed-and-sefira/ Rav Schachter (Piskei Corona #16)</ref><br />
<br />
==Mikveh==<br />
<br />
#Each community rabbi needs to decide these sort of questions however in theory it is possible for the Mikva to remain open and allow women who aren't having symptoms or aren't quarantined to go to Mikva. They should be extra careful about hygiene and prepare completely at home, go to the Mikva where there is no contact with anyone besides a brief contact with the water which has chemicals for cleanliness. Then upon returning home there are poskim who allow the woman to take a shower when she gets home to clean herself off.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/950654/rabbi-hershel-schachter/piskei-corona-12-showering-after-the-mikvah/ Rav Hershel Schachter (Piskei Corona #12)], [https://www.torahanytime.com/#/lectures?v=105574 Rabbi Shay Tahan]. Rav Asher Weiss (March 29 2020) said it is obviously permitted to overlook the chumra of not showering when the woman returns from mikveh at these times.</ref><br />
#On Shabbat, if a woman goes to mikveh she can not take a hot shower when she gets back since turning on the hot water is causing cold water to enter the boiler and cook. Rather she should either decide to take a completely cold shower or delay the mikveh until Motzei Shabbat. She should also not decide not to take a shower at all because one shouldn't do something unsafe when there's an option to delay going to mikveh.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951538/rabbi-hershel-schachter/piskei-corona-26-showering-when-returning-home-from-the-hospital-or-the-mikvah-on-shabbos-or-yom-tov/ Rav Schachter (Piskei Corona #26)]</ref><br />
#On Yom Tov, according to those who are lenient to permit [[showering on Yom Tov]], when a woman returns from the mikveh should do so. Rav Schachter's opinion is that it is only permitted to take a shower on Yom Tov with water that is just hot enough to remove the chill from the water (less than lukewarm). If she decides she doesn't want to take such a shower, she should delay going to mikveh until after Yom Tov.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951538/rabbi-hershel-schachter/piskei-corona-26-showering-when-returning-home-from-the-hospital-or-the-mikvah-on-shabbos-or-yom-tov/ Rav Schachter (Piskei Corona #26)]</ref><br />
#The OU has established [https://www.ou.org/covid-19-and-the-mikvah-recommended-protocols/?utm_source=SilverpopMailing&utm_medium=email&utm_campaign=Mikvah%20Guidance%20(1)&utm_content=&spMailingID=32100310&spUserID=MTM2NTc0Mjg0NTYwS0&spJobID=1683098314&spReportId=MTY4MzA5ODMxNAS2 health guidelines] in order to allow a mikveh to remain open.<br />
#The RCBC also stated that Mikva's are remaining open for the time.<ref>[https://www.theyeshivaworld.com/news/featured/1839350/no-shul-yeshivas-shabbos-guests-levayos-shiva-vaad-harabanim-of-bergen-county-releases-letter.html RCBC letter on yeshivaworld.com]</ref><br />
#The men's mikveh's should be closed at this time. Even if a person is careful to go to mikveh each day he can fulfill this custom by taking a 5 minute shower.<ref>Rav Asher Weiss (Teleconference March 22 2020, min 12)</ref> See [[Preparations_for_Davening#Going_to_Mikveh]] for details.<br />
<br />
==Tevilat Kelim==<br />
<br />
#Each community should decide whether or not close the kli mikveh out of a safety concern. You can do the [[tevilat kelim]] in the ocean.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 5-9)], [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref><br />
#Alternatively, one can use tevilat kelim in the mikvah while wearing gloves, then throw out the gloves, wash off the kelim with soap and water. If the community has other procedures for safety one should observe them.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 5-9)], [https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 3-4)]</ref><br />
#As a last resort one can avoid tevilat kelim by giving the pots to a non-Jew and borrowing them back. One can rely on this until the virus passes.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 5-9)], [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]. [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal] said that one could rely upon this if there was no other option. [https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 14-16)] allows selling the kelim to a non-Jew. Rav Yosef Tzvi Rimon (teshuva dated Nisan 1 5780) recommended this.</ref> If one can't sell or gift the pots to a non-Jew oneself one can do so online through [https://nirshamti.co.il/e-%D7%98%D7%91%D7%99%D7%9C%D7%94/ Zomet].<br />
#Another option is for a person to declare the pots that need tevilat kelim to be ownerless (hefker) in front of 3 Jews. One has to have full intent that the pots are ownerless and if someone took them one would have no claim upon them. If these Jews can't be there in person it is sufficient if they are present through social media technology but they should be people who live in the neighborhood. They should then leave the pots outside their house for a few minutes so that if someone wanted to take them they could. <ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-1-Mar-24-2020.pdf Rav Hershel Schachter (Teshuva dated 28 Adar 5780 p. 1)], [https://itorah.com/daily-halacha/lecture/if-one-has-new-utensils-which-he-is-unable-to-immerse/3801 Rabbi Mansour]</ref> Others disagree.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 5-12)] said that one shouldn't use the solution to make the pots hefker since you're using the kelim. See Sefer Tevilat Kelim p. 84 based on Maharil Diskin. See S"A Harav 445:1 that hefker that isn't meaningful since you plan to reacquire it isn't a solution. However, Rav Elyashiv and Rav Soloveitchik allowed it in extenuating circumstances. Rav Asher Weiss (Minchat Asher Corona p. 72) writes that one should avoid using new pots and relying on this leniency to mafkir but in an extenuating circumstance one can rely on it.</ref><br />
#If there's are no solutions, some poskim would allow using the pots without tevilat kelim in this extenuating circumstance.<ref>Rav Asher Weiss (Teleconference, March 22 2020 11am), Rav Yosef Tzvi Rimon (Teshuva dated Nisan 1 5780)</ref><br />
#Regarding a seder plate and kos shel eliyahu requiring tevilah, see [[Tevilat Kelim]] page.<br />
<br />
==[[Brit Milah]]==<br />
<br />
#A Brit Milah can be done without a minyan since gatherings aren't safe.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
#A grandfather or someone else involved in a brit milah via zoom can recite the naming of the baby but he should not recite the bracha of asher kidash yadid mbeten.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951300/rabbi-hershel-schachter/piskei-corona-22-participating-in-a-simcha-via-zoom/ Rav Schachter (Piskei Corona #22)]</ref><br />
<br />
==Naming a Girl==<br />
<br />
#Although normally we try to name a baby girl at an aliya to the Torah, a person doesn't need a minyan in order to name a girl and under the circumstances should do so without delay.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Neventzal], [https://www.yutorah.org/lectures/lecture.cfm/950292/rabbi-hershel-schachter/piskei-corona-11-krias-shem-for-a-baby-girl/ Rav Schachter (Piskei Corona Teshuva #11)], [https://vimeo.com/399141271 Rabbi Moshe Heinemann] at about 16:45</ref><br />
<br />
==Bar Mitzvah's==<br />
<br />
#[https://www.torahanytime.com/#/lectures?v=105558 A message for Bar Mitzvah Boys in the Lockdown by Rabbi Pesach Krohn]<br />
#A bar mitzvah boy who missed the opportunity to read his parsha in shul when he became bar mitzvah'ed when it is next possible to go to shul he can add his parsha as a hosafa and read it then. Additionally, the haftorah can follow that hosafa.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards end)]</ref><br />
#The father of a Bar Mitzvah boy who couldn't layn should wait until he can do something that shows he's Bar Mitzvah like layn or daven as Shaliach Tzibbur to make such a bracha.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
<br />
==Weddings==<br />
<br />
#Ideally a wedding shouldn't be pushed off if both parties are ready even though it means having a tiny wedding.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal], [https://www.kimizion.org/maamar/5780_5784/keter.pdf (Keter Yitanu Lecha p. 38)]</ref><br />
#A rabbi should not officiate at a wedding that isn't abiding by the CDC guidelines of health because he is furthering unsafe practices.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards beginning)]</ref><br />
#It has been asked whether or not the poskim are more lenient this year regarding weddings during [[Sefira]] but the answer is that it is not determined because the situation is still unclear.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref> Some are lenient but it is best to schedule for [[Rosh Chodesh]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref><br />
#If in this dire situation it isn't possible to have a minyan, it is possible to have a wedding nonetheless without [[Sheva Brachot]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/951180/rabbi-hershel-schachter/piskei-corona-18-getting-married-with-less-than-10-men-present/ Rav Schachter (Piskei Corona #18)] explained that although it isn't possible to recite Sheva Brachot and seemingly they forbid the couple to each other without Sheva Brachot in this extenuating circumstance one can rely upon the opinion that the wedding is valid and they are permitted even without Sheva Brachot (see Nodeh Beyehuda EH 1:56). For birkat erusin certainly having a minyan isn't critical (Shulchan Aruch E.H. 34:4) although it is preferable and in this circumstance unnecessary. From Bet Shmuel 64:4 it appears to be a dispute between the Shulchan Aruch and Rama whether one is allowed to have a wedding at all if it is extremely difficult to get a minyan, the Rama being lenient. </ref><br />
#A minyan for [[sheva brachot]] can not be created via Zoom. Additionally, one can't recite a bracha of sheva brachot for the couple via Zoom.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951300/rabbi-hershel-schachter/piskei-corona-22-participating-in-a-simcha-via-zoom/ Rav Schachter (Piskei Corona #22)]</ref><br />
<br />
==[[Fast Days]]==<br />
<br />
#If the rabbis declare a half fast day until [[Chatzot]] according to Ashkenazim an individual can recite [[Anenu]] in Mincha Shemona Esrei<ref>Rama 562:1 writes that Ashkenazim hold that even for an incomplete fast one can recite anenu. Mishna Brurhah 562:48 references this Rama in discussing a fast that was accepted to fast until chatzot. The Mishna Brurah 562:7 cites a debate as to whether one should omit the words צום תעניתנו while reciting עננו in such a scenario as many poskim argue that a half fast is not considered a fast and therefore one would not want to risk speak falsely, particularly when he is speaking to Hashem.<br />
<br />
*[https://www.theyeshivaworld.com/news/israel-news/1841977/hagaon-harav-chaim-kanievsky-calls-to-fast-for-half-a-day-on-erev-rosh-chodesh.html Rav Chaim Kanievsky] declared a half fast on Erev Rosh Chodesh Nissan 5780.</ref> assuming he is still fasting when he prays Mincha.<ref>Mishna Brurah 562:6</ref> According to Sephardim one can only recite anenu if one fasts the entire day.<ref>Shulchan Aruch 562:10-11 holds that a incomplete fast is not considered a fast with respect to saying anenu. Therefore if one only fasts until chatzot one should not recite anenu.</ref><br />
#A person should accept the fast from the day before, as is traditionally done at mincha time. If one didn't do so, according to Sephardim one shouldn't recite anenu, but according to Ashkenazim one can recite anenu.<ref>Shulchan Aruch and Rama 562:5</ref><br />
<br />
==Mezuzah==<br />
<br />
#A person should not kiss any mezuzah, or any siddur or chumash of a shul or a public area at this time because of concern of spreading COVID19.<ref>[https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)], [https://www.jpost.com/israel-news/chief-rabbi-of-israel-due-to-coronavirus-stop-kissing-the-mezuzah-619753 Chief Rabbi Rabbi David Lau]</ref><br />
<br />
==Shalom Bayit==<br />
<br />
#It is critical to be mindful of other people when everyone is under stress and no one is completely comfortable. [https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Dr. Pelcovitz] discusses the implications quarantine can have Shalom Bayit.<br />
#It is forbidden for a couple to have [[tashmish]] at a night of famine<ref>Gemara Tanit 11a, Shulchan Aruch O.C. 240:12</ref> since everyone is in distress it is incumbent on everyone to take upon himself an aspect of distress.<ref>Mishna Brurah 574:9</ref> The same is true for any time of societal distresses.<ref>Rama 240:12 based on Yerushalmi Tanit. Olot Tamid 240:6 (cited by Kaf Hachaim 240:85) understands the Rama to apply to any type of tragedy that we would declare a fast over.</ref> Others disagree.<ref>Shaarei Knesset Hagedola (Hagahot Tur 240:5) writes that tashmish is only forbidden during a famine, plague of the crops, locusts and the like which cause a famine but not for other tragedies or troubles. Kaf Hachaim 240:85 rules like the Shaarei Knesset Hagedola either because that is the explanation of the Yerushalmi or we don't follow the Yerushalmi.</ref><br />
#It is permitted to have tashmish on mikvah night.<ref>Shulchan Aruch O.C. 574:11 writes that it is permitted for a couple to have tashish on mikva night. Mishna Brurah 574:11 cites the Magen Avraham who argues with Shulchan Aruch but then he cites the Bigdei Yesha and Nahar Shalom who are lenient and there's what to rely on to follow Shulchan Aruch. Mishna Brurah concludes that certainly one can be lenient at a time when it isn't a famine and it is just another time of distress in the world.</ref><br />
#It is permitted to have tashmish for a couple who didn't yet fulfill [[pru urevu]].<ref>Shulchan Aruch O.C. 240:12, 574:4, Mishna Brurah 240:47</ref> Once his wife is pregnant this leniency doesn't apply.<ref>Mishna Brurah 574:12</ref><br />
#If he has a strong yetzer hara and there is a concern of [[hashchatat zera]] it is permitted.<ref>Mishna Brurah 240:46</ref><br />
#There is what to rely upon to have tashmish at a time of war and there is no midat chasidut to be strict, especially for young couples even for someone who fulfilled pru urevu.<ref>Tzitz Eliezer 13:21</ref><br />
#During the time then the plague of corona virus is rampant in the world there is a lot to rely upon to have tashmish. Someone who wants to be strict can do so.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949166/rabbi-ally-ehrman/is-tashmish-hamitta-permitted-during-the-coronavirus-pandemic-/ Rabbi Ehrman on yutorah]. Rav Asher Weiss (Zoom Conference, March 22 2020, 11am, min 15) was lenient he said that the situation presently isn't one that rises to the level where we need to declare a fast. Also, since domestic violence recently has been on the rise because of the quarantines one shouldn't be strict in this area. </ref><br />
<br />
==Laid off Workers and Cancelled Contracts Because of Corona==<br />
<br />
#If there's a employee that is unable to work because of a societal or national crisis the employees should continue to be paid by the employers according to many opinions or at least they should make a compromise.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949287/rabbi-michoel-zylberman/coronavirus-and-laid-off-employees/ Rabbi Zylberman on yutorah]. Mordechai b"m 343 writes that if there's a decree in the town that the teachers can't teach the teachers should still be paid. Rama C.M. 321:1 cites this Mordechai and applies it to any worker in 334:1. The Sama 334:2 argues with the Mordechai and holds that since the employee can't work and both aren't at fault and both couldn't foresee this the employer is exempt. Netivot 334:1 limits the idea of the Mordechai to a teacher and not other employers since a teacher is paid for sachar betela (see [[Laws_of_Learning_Torah#Taking_Money_for_Learning_and_Teaching_Torah]]). Shach 334 holds that this opinion of the Mordechai only applies if majority of the town ran away because of a crisis but if only a minority runs away then the employee isn't entitled to payment. Aruch Hashulchan 334:10 has another approach. If the situation prevents the worker from working then he is entitled to pay but if he runs away then he isn't. Rabbi Zylberman explained from Mishpat Poalim we think that this is a case of Hamotzei Mchavero Alav Harayah, whoever is holding onto the money can claim that he is exempt from paying or returning the money. Rav Asher Weiss in Minchat Asher 2:106 says that they should make a compromise, and Rav Bleich ([https://www.sefaria.org/Contemporary_Halakhic_Problems%2C_Vol_IV%2C_Chapter_XIV_The_Intifada_and_the_Gulf_War.35?lang=bi&with=all&lang2=en Contemporary Halachic Problems v. 4]) thinks that we follow the Rama. Once the Chatom Sofer had a case in his town and he felt that they should pay but he couldn't force everyone to pay it so he told them to pay half. Rav Yona Reiss had a case where they made a compromise. <br />
<br />
*Rav Asher Weiss (Zoom Conference, March 22 2020, 11am, min 21-25) thought that one should compromise and give the workers who aren't working 30% of their pay. This applies Jewish and non-Jewish workers. This is based on the Rama and Sama CM 221. As for the day schools and daycares that are closed and not providing services one theoretically should be exempt. Since it might be devastating to the schools one needs to wait until the government makes a decision. Either way, we should wait until there is a major decision from the government or authorities and follow that. Until then for the schools we should pay so that the teachers can have a salary for their [[parnasa]].</ref><br />
#This applies to contractors for cancelled events as well.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949287/rabbi-michoel-zylberman/coronavirus-and-laid-off-employees/ Rabbi Zylberman on yutorah]</ref><br />
#If someone rented out an apartment to someone and then he wants to retract because of a concern that the potential tenants have the virus, some say that it is forbidden to back out of the contract.<ref>[http://kol-barama.co.il/item/%D7%A4%D7%99%D7%A7%D7%95%D7%97-%D7%A0%D7%A4%D7%A9-%D7%A7%D7%95%D7%A8%D7%95%D7%A0%D7%94-%D7%A2%D7%A4%D7%99-%D7%94%D7%94%D7%9C%D7%9B%D7%94/ Rav Yakov Sinai] based on Rama in teshuva, Shach CM 312 and other sources</ref> The same is true of a hotel or pesach program that was cancelled.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951789/rabbi-hershel-schachter/piskei-corona-27-the-importance-of-tzedaka-and-chesed/ Rav Schachter (Piskei Corona #27)] writes that it is important to reach a peshara, compromise, with respect to the question of how much a person should be paid in return for the pesach programs that were cancelled.</ref><br />
<br />
==Yeshiva Tuition==<br />
See previous section about the background for this question.<br />
<br />
#Even though the question of whether a person should pay tuition while it is closed is subject to debate a person should make sure to pay in full as the yeshivot do not have enough money and it is critical to give tzedaka at this time, which is a great merit to protect oneself from any danger.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951789/rabbi-hershel-schachter/piskei-corona-27-the-importance-of-tzedaka-and-chesed/ Rav Schachter (Piskei Corona #27)</ref><br />
<br />
==[[Bikur Cholim]]==<br />
<br />
#A person doesn't have to and shouldn't visit someone who has a virus that contagious such as corona.<ref>[http://kol-barama.co.il/item/%D7%A4%D7%99%D7%A7%D7%95%D7%97-%D7%A0%D7%A4%D7%A9-%D7%A7%D7%95%D7%A8%D7%95%D7%A0%D7%94-%D7%A2%D7%A4%D7%99-%D7%94%D7%94%D7%9C%D7%9B%D7%94/ Rav Yakov Sinai (min 3)] explains that although the Rama in a teshuva and Knesset Hagedola hold that one should visit the sick even if they have a contagious disease, the Shulchan Gavoha and others disagree and that is the halacha.</ref><br />
#A person fulfills the mitzvah of bikur cholim on the phone according to many poskim.<ref>[https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Shlomo Aviner (Keter Yitnu Lecha p. 34)] citing Igrot Moshe YD 1:223 and Tzitz Eliezer 8:5. Rav Aviner added that the main idea of bikur cholim is to do what is best for the patient and in our context that is to call.</ref><br />
#Someone who is praying for a mortally ill patient to get better and doesn't know if he is still alive should pray for his well-being and not specifically for him to get better.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951537/rabbi-hershel-schachter/piskei-corona-25-davening-for-the-sick/ Rav Schachter (Piskei Corona #25)]</ref><br />
<br />
==Burial and Mourning==<br />
===Burial===<br />
<br />
#Each place should follow the guidelines that are in place for safety. If a minyan isn't possible, then the next thing that is to try to have is Jews doing the burial. If they don't even let that, then afterwards a Jew should check that the burial by the non-Jews was done properly in the ground.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 26-8)]. [https://www.yutorah.org/sidebar/lecture.cfm/951298/rabbi-hershel-schachter/piskei-corona-20-tahara-for-meisim/ Rav Schachter (Piskei Corona #20)] said that they should specifically have as few people as possible for the burial and maybe just the workers and that too fulfills the mitzvah of burial.</ref> It is forbidden to cremate and it is still considered not dangerous to properly do a burial with no tahara and minimal involvement of the fewest people or simply the cemetery workers.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951298/rabbi-hershel-schachter/piskei-corona-20-tahara-for-meisim/ Rav Schachter (Piskei Corona #20)]</ref><br />
#At this time the chevra kadisha should not perform a tahara for the deceased since it could lead to danger.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951298/rabbi-hershel-schachter/piskei-corona-20-tahara-for-meisim/ Rav Schachter (Piskei Corona #20)]</ref><br />
#A person who was buried in America because of the corona virus but was planned to be buried in Israel can later when the virus isn't an issue be reburied in Israel, even though generally we don't rebury someone who was buried.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)]</ref> See the topic of [[Laws_and_Customs_of_a_Funeral#Under_What_Circumstances_is_it_Permitted_to_Move_Someone_Buried.3F|reburying a corpse]] in general.<br />
#Regarding burials on Yom Tov and Yom Tov Sheni, see [https://www.yutorah.org/lectures/lecture.cfm/951790/rabbi-hershel-schachter/piskei-corona-28-guidelines-for-burial-on-shabbos-and-yom-tov/ Rav Schachter's Guidlines for burial on Shabbat and Yom Tov]<br />
<br />
===Kriyah===<br />
<br />
#The rabbi could do the [[Kriyah]] for the mourner with gloves and a mask or he can simply tell the mourner to do it.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Willig (min 29)]</ref><br />
<br />
===Avelut===<br />
<br />
#A person who is no going to be involved in the burial anymore because the deceased was given to the chevra kaddisha then he is not considered an [[Onen]] anymore and should begin [[Avelut]] (mourning). However, if he is going to call relatives to tell them about the levaya then he is still an [[Onen]].<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)]</ref>. If he is going to watch the burial with Zoom or listen on the phone it is unclear if he is still an Onen.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)] isn't certain if a person involved in the burial merely because he is watching via Zoom is still considered an Onen. [https://www.yutorah.org/sidebar/lecture.cfm/839779/rabbi-asher-bush/%d7%94%d7%aa%d7%97%d7%9c%d7%aa-%d7%90%d7%91%d7%99%d7%9c%d7%95%d7%aa-%d7%9c%d7%9e%d7%99-%d7%a9%d7%90%d7%99%d7%a0%d7%95-%d7%a0%d7%9e%d7%a6%d7%90-%d7%91%d7%a7%d7%91%d7%95%d7%a8%d7%aa-%d7%90%d7%91%d7%99%d7%95-%d7%95%d7%9e%d7%a9%d7%aa%d7%aa%d7%a3-%d7%a2-%d7%99-%d7%94%d7%98%d7%9c%d7%a4%d7%95%d7%9f/ Rav Asher Bush] wrote based on MPeninei Harav p. 202 that he considers someone phoning into a burial to not be an Onen unless they're going to ask him questions about the burial.</ref><br />
#On [[Erev Pesach]] if someone is buried before [[Chatzot]] (midday) the relatives should observe [[Avelut]] (mourning) before Chatzot and then at Chatzot it is considered like a Yom Tov and the rest of the [[Shiva]] is cancelled. If the person is buried after [[Chatzot]] they should observe Avelut before Yom Tov and then the Yom Tov will come and cancel the rest of [[Shiva]].<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)]</ref><br />
#A mourner shouldn't eat his first meal after the burial, the [[Seudat Havrah]], from his own food; other should provide that food. If at this time when people are concerned for COVID19 and might not send food, if the mourner knows that he isn't going to be sent food, he can eat the first meal from his own food.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)]</ref><br />
<br />
===Kaddish and Iyluy Neshama===<br />
<br />
#Under the circumstances a person can not recite the kaddish because minyanim aren't available. Therefore, a person should take upon himself to learn mishnayot for the deceased.<ref>Rav Asher Weiss (Minchat Asher Corona pp. 58-9)</ref><br />
<br />
See [[Practices_in_the_Mourner%27s_House#Iyluy_Neshama]] and [[Kaddish]] pages.<br />
<br />
==[[Kibbud Av Vem]]==<br />
<br />
#If one's parents ask him to do something which the department of health has deemed unsafe a person should not listen to his parents in such a case and that isn't a breach of Kibbud Av Vem.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-2-Mar-25-2020.pdf Rav Schachter (Teshuva Adar 29 5780)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
<br />
==Violating Shabbat for [[Pikuach Nefesh]]==<br />
'''On Shabbat or Yom Tov, if anyone has any concern whatsoever that they are in serious danger because of deteriorating health, they should immediately call a doctor or [[Going_to_and_Staying_in_the_Hospital_on_Shabbat|go to the hospital]].'''<br />
<br />
#It is a well established halacha that it is not only permitted but even a mitzvah to violate [[Shabbat]] in order to safe a life or to remove a situation that presents even a slight chance of danger.<ref>Shulchan Aruch O.C. 328:13</ref> The question is how to define the threshold of danger.<ref>[http://nleresources.com/2020/03/rav-asher-weiss-coronavirus-in-halacha/#.XnoNOIjYrIU Rav Asher Weiss (March 15 2020, min 18-22) to Beit Midrash Gavoha] explained that the definition of danger in order to violate Shabbat isn't defined by statistics. For vaccinations we assume that it is a sakana not to vaccinate even though the odds of dying because of the measles is low. Since it is preventable it is incumbent upon us to vaccinate. He concludes that as long as it is a natural phenomenon and there is an action that we can do to prevent deaths we must do so.</ref><br />
#In certain cases of emergency regarding corona virus it would be allowed to violate Shabbat.<ref>[https://www.theyeshivaworld.com/news/headlines-breaking-stories/1841156/harav-zilberstein-answer-telephone-on-shabbos-if-awaiting-results-of-coronavirus-test.html Rav Zilberstein] allowed a patient to answer the phone on Shabbat with a [[shinuy]] only to hear the results of a test and answer questions for epidemiological investigation. If the test results that show that a patient has the virus are produced on Shabbat it is incumbent for the health department to deal with the quarantine then and it is permitted to answer the phone for that.</ref> Obviously every single case is different and one should learn the laws of Pikuach Nefesh from a rabbi in advance.<br />
#If a person is discharged from the hospital on Shabbat and they need him to leave because of the lack of space that they have because of the numbers of people who are ill, his family member can drive to get him. They should do a [[Shinuy]] when turning on the car like turning the key with one's weaker hand, or pressing the button on the key with one's knuckle. Also, when turning off the car one should use a Shinuy.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950282/rabbi-hershel-schachter/piskei-corona-6-pikuach-nefesh-on-shabbos/ Rav Schachter (Piskei Corona #6)]</ref><br />
#If a relative is in the hospital and the family members would call the hospital that would indicate to the doctors and nurses that the family cares and the patient will receive better treatment, it is permissible to do so on Shabbat or Yom Tov.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951791/rabbi-hershel-schachter/piskei-corona-29-calling-the-hospital-on-shabbos-or-yom-tov-to-advocate-for-relatives/ Rav Schachter (Piskei Corona #29)]</ref><br />
<br />
==Doctors Working in the Hospital==<br />
<br />
#Regarding the larger issue of halachic triage see [https://www.yutorah.org/lectures/lecture.cfm/951531/rabbi-hershel-schachter/piskei-corona-15-triage-in-medical-decisions-updated-/ Rav Schachter (Piskei Corona #15 Updated)]. Here is a relevant [https://docs.google.com/document/d/1CtQ_XHzQarzg_0PEQODCO1ATKlM_cEmvPsXa8kdpgJA/edit sourcesheet on Halachic Triage]. [https://aiayk.org/pesachaudio/ Rav Asher Weiss (Teleconference April 6 2020, min 5-15)] discusses triage in halacha and what doctors should do.<ref>Rav Asher feels that there are only two factors that we consider for halachic triage: give precedence to someone who is in immediate danger, and give treatment to whoever has a better chance for survival. Age or spiritual need for the community are not factors for precedence. <br />
<br />
*Rav Asher says that for choleh shebifanenu the knowledge that another choleh is going to come in soon is considered pikuach nefesh if will with certainty be helpful. Therefore, if an older patient comes into the hospital but they know a younger patient is going to come in, they can consider them as though they came in together and treat according to who is in immediate danger and who has the better chance to live. Rav Schachter felt the same way in his teshuva.<br />
*If a hospital has a certain regulation, does he need to disregard the hospital protocols? Rav Asher Weiss felt that the doctors should not disregard hospital protocol, for multiple reasons but partly because if he doesn't he'll lose his license and having more able doctors at this time is pikuach nefesh.<br />
*Pulling a patient off a ventilator because someone entered the hospital who has a better chance of living, Rav Asher (min 27) felt is forbidden. Rather the doctor should say that he feels uncomfortable to do this and should let another doctor do it. Rav Schachter felt that one should try to convince the older patient to sign a DNR at that point in order to save the younger patient.</ref><br />
#A doctor may and is encouraged to perform a life saving procedure if he is wearing the correct protective gear.<ref>[https://aiayk.org/pesachaudio/ Rav Asher Weiss (Aguda Teleconference, April 6, 2020, min 18-22)] explains that you can’t put yourself in danger. However, you can if you’re saving someone from an immediate danger and you’re putting yourself in minimal danger then it is a middat chasidut to do so. Therefore, a doctor should do mechanical ventilation CPR on a COVID19 patient if he has the correct protective gear.<br />
<br />
*Rav Asher (min 33) allowed sharing ventilators when the doctors see fit in order to save another life because moving a patient from a single ventilator to a shared ventilator isn't considered doche nefesh mipnei nefesh since it isn't proven to be dangerous to use a shared ventilator. He also cited the Chazon Ish regarding turning the arrow to the side killing fewer people to save more people.<br />
*Rav Asher (min 38) said that a doctor who isn't in that particular field or is retired or has vacation doesn't have to volunteer but his doing so would be a middat chasidut. However, if he is endangering himself such as if he's over 70, he is immune compromised, or has a family member who is, then he shouldn't volunteer.</ref><br />
#A doctor returning from the hospital on Shabbat and needs to shower for health reasons so as not to catch the corona virus on his body or clothing, may do so. If he can manage with a cold shower, he should do so. If he can't, he may turn on the hot water with a [[shinuy]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/951538/rabbi-hershel-schachter/piskei-corona-26-showering-when-returning-home-from-the-hospital-or-the-mikvah-on-shabbos-or-yom-tov/ Rav Schachter (Piskei Corona #26)]. See there for how he distinguishes this from the woman returning from the mikveh on Shabbat.</ref><br />
<br />
==[[Mesira]] and Rodef==<br />
<br />
#If your doctor actually ascertains that there is a sakanat nefashot, mortal danger, involved with a certain large gathering that someone is doing then it is permitted to tell the authorities. However, otherwise it is forbidden because of informing upon another Jew ([[mesira]]). This can be a very difficult measure to actually properly assess.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Willig (min 41)]</ref> Some say that it is obligatory to be moser to the police on someone who is supposed to be in quarantine and isn't.<ref>Rav Asher Weiss (teshuva "Mechuyav Bbidud" Chol Hamoed Pesach 5780)</ref><br />
#Some hold that if a person is supposed to be in quarantine and they are not they are considered a rodef. However, obviously one should first speak to him and convince him to do what is safe.<ref>[https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 36)] citing Rav Zilberstein</ref><br />
<br />
==Links==<br />
<br />
*[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal Q&A about Corona]<br />
*[https://rabbidunner.com/coronavirus-qa-with-rav-hershel-schachter/ Transcription of Q&A with Rav Schachter by Rabbi Dunner]<br />
*[https://www.theyeshivaworld.com/news/featured/1839350/no-shul-yeshivas-shabbos-guests-levayos-shiva-vaad-harabanim-of-bergen-county-releases-letter.html RCBC letter calling for the closing of Shuls and Schools]<br />
*[http://www.torahweb.org/ TorahWeb] hosts many resources for Corona halacha including Rav Schachter's Teshuvot<br />
*[http://www.kolcorona.com/ KolCorona.com] a Torah resource, initiated by Rabbi Reuven Taragin, for those affected by Corona<br />
<br />
==Sources==<br />
<references /><br />
[[Category:Orach Chaim]]</div>YitzchakSultanhttps://halachipedia.com/index.php?title=Halachot_Related_to_Coronavirus/COVID-19_Pandemic&diff=25538Halachot Related to Coronavirus/COVID-19 Pandemic2020-04-12T13:14:24Z<p>YitzchakSultan: /* Mesira and Rodef */</p>
<hr />
<div>[[Image:3D medical animation corona virus.jpg|right|300px]]<br />
All rabbinim agree that one should be cautious with all the health guidelines and social distancing<ref>[https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 34)] interestingly describes the sources in general about the Jewish view on handshaking and whether it is a [[Chukot Hagoyim]]. The poskim hold that in it isn't however, at this time it is forbidden because of the health concerns.</ref> set up by the government and other local institutions in order to stay safe and help prevent getting others sick.<ref>[https://www.torahanytime.com/#/lectures?v=104843 Rav Yitzchak Yosef], [http://www.torahweb.org/torah/docs/rsch/RavSchachter-with-doctors_Mar-15-2020.pdf Rav Hershel Schachter], Rav Asher Weiss (Teleconference March 22 2020), [https://www.ou.org/covid19/ OU (March 20 2020)], [https://www.torahanytime.com/#/lectures?v=106099 Rav Shmuel Fuerst (min 53)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal], [https://www.jpost.com/israel-news/leader-of-ultra-orthodox-world-calls-for-lone-prayer-due-to-coronavirus-622805 Rav Chaim Kanievsky], [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Shlomo Aviner (Keter Yitnu Lecha p. 34)], and RCBC letters. An article on [https://www.kikar.co.il/abroad/354170.html kikar.co.il] describes how the gedolim are currently davening privately including: the Gerre rebbe, Rav Shalom Kohen, Rav Gershon Edelstein, Rav Moshe Shternbuch, Rav Yitzchak Yosef, Sanser Rebbe, Rav Bakshi Doron, Rav Dovid Yosef, Bavian Rebbe, and Rav Sheiner.<br />
<br />
*Endangering Oneself to Learn Torah: Ketubot 77b records and praises the practice of Reish Lakish to teach Torah to those ill with tzarat, some translate as leprosy, even though it is contagious. The gemara explained that he did so out of his love for Torah. Daf Al Hadaf cites Mishnat Pikuach Nefesh 69:7 who asks how Reish Lakish could endanger himself and rely on a miracle. He answers that the disease he was concerned with was only dangerous to health but not life threatening.</ref> Coronavirus, as it causes a serious health threat to some people, inhibits any social gatherings and semachot, and has severely damaged the economy and livelihood of certain people, poses a serious challenge to everyone. We all need to daven and take advantage of the circumstances in order to best serve Hashem. As a thoughtful Jew, it is incumbent upon a person to take to heart some important lessons of life and re-strengthen himself in his commitments. <ref>Rambam Taniyot 1:1-3, [https://www.torahanytime.com/#/lectures?a=105844 Rav Reuven Epstein] emphasizes that we need to take a lesson from corona since it overtly a hardship for Jews and humanity and a sign from Hashem. [https://www.yutorah.org/lectures/lecture.cfm/949185/rabbi-menachem-penner/shema-everything-is-from-hashem/ Rabbi Penner] discussed how we can revitalize our strength in mitzvot at this time based on better appreciating the lessons of Shema. Rav Asher Weiss (Teleconference March 22, 2020) introduced his shiur by discussing how we can strengthen our commitment to [[Ben Adam Lchavero]]. [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha)] wrote many lengthy pieces on the hashkafic questions related to COVID19.</ref> Additionally, on a practical level, COVID19 has many implications for people, and below is a small collection of the relevant halachot.<br />
<br />
==[[Tefillah]]==<br />
When davening at home one should be cognizant of the following ideas:<br />
<br />
#The best time to pray is Netz. According to many poskim this is equivalent to praying with a minyan.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz], Laws of Praying Beyachid (Adar 5780) by Rabbi Yonatan Nacson p. 1 citing Yalkut Yosef 89:1</ref><br />
#A person should daven in a [[makom kavuah]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] and [https://www.star-k.org/videos.php Rabbi Moshe Heinemann around minutes 5-7]</ref><br />
#It is preferable to daven with two people instead of one.<ref>Rav Asher Weiss (Minchat Asher, Volume on coronavirus, Inyane Tefila section, Chapter 16, Subchapter 2, page 41). Rav Asher Weiss adds that there is no distinction between a man or a woman in this situation, so praying with one's wife or daughter is equally preferable to praying with one's son. </ref><br />
#A person should daven in front of a wall so that there's no distractions in front of him.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]</ref><br />
#A person can and should daven near a window that serves as a means of being inspired to look towards heaven.<ref>Shulchan Aruch 90:4 writes that there should be windows in a place where one davens. [https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] suggested that the same should be done for when we daven at home to daven in a place where there is a window.</ref><br />
#A person can daven [[Shemona Esrei]] aloud if it helps his kavana. It also serves as a role model for children.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]</ref><br />
#A person shouldn't daven in a room that is usually used for frivolity.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]</ref><br />
#A person shouldn't daven in front of an open bathroom.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]</ref><br />
#At a time of a plague such as our times it is advisable to say [[ketoret]] which has the power to end a plague.<ref>Laws of Praying Beyachid by Rabbi Nacson p. 2, [https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] citing Rabbi Akiva Eiger teshuva 71</ref><br />
#According to some, at this time a person should recite Avinu Malkenu in [[Shacharit]] and [[Mincha]],<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] quoting Rav Schachter</ref> while others emphasize how one must focus on Teshuvah and reciting all parts of the regular seder haTefillah first.<ref>[https://www.torahanytime.com/#/lectures?v=104864 Rav Bention Mutzafi (55:10)]</ref> Avinu Malkenu should not be recited during [[Nissan]].<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal] stated that one should not recite Avinu Malkenu during Nissan. See Divrei Yatziv OC 75 for different minhagim about saying Avinu Malkenu during Nissan. See discussion page.</ref><br />
#Eating a meal before davening when the time comes to daven a certain tefillah should be avoided since generally we are lenient about this since we go to established minyanim but for when that isn't possible we should be more strict about this.<ref>Mishna Shabbat 9b, [https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]. [https://www.star-k.org/videos.php Rabbi Moshe Heinemann] around minutes 5-7 says that if one sets an alarm, that should be sufficient</ref> See details here about [[Eating before Davening| eating]] and [[Other Activities before Davening| doing activities before davening]].<br />
#When davening as a family, in a temporary fashion, some hold that it isn't necessary to have a [[mechitza]] and the men and women can simply daven on different sides of the room.<ref>Igrot Moshe 5:12:1 writes that regarding a Shabbos Sheva Brachos since it is just the family and it is a temporary situation no mechitza is necessary.</ref> See [[Mechitza]] for more details.<br />
#A person shouldn't forget to recite [[Birkat Halevana]] by themselves when they see the moon. It can be said from indoors. See [[Birkat Halevana]] page for details.<br />
<br />
===Parts of Davening to Skip===<br />
<br />
#On Friday night an individual doesn't recite [[Shabbat_Davenings#Me.27ayn_Sheva |Magen Avot]] after Shemona Esrei of Maariv.<ref>Laws of Praying Beyachid p. 10 citing Shulchan Aruch O.C. 268:8</ref> However, one should recite Vayechulu.<ref>[https://vimeo.com/399141271 Rabbi Moshe Heinemann] at around 24:45. At around 34 minutes, he clarifies that this can be done even by yourself, though normally we try to say it with at least two </ref><br />
#One doesn't recite [[Baruch Shemey]] when praying by oneself since it is part of the activity of removing the Sefer Torah.<ref>Mishna Brurah 134:13</ref><br />
<br />
==Minyan via Porches or Technology==<br />
<br />
#It is forbidden to have a minyan in person whether it is in a shul, shteibel, home, or backyard.<ref>[https://www.ou.org/covid19/ OU]. [https://www.yutorah.org/lectures/lecture.cfm/951048/rabbi-hershel-schachter/piskei-corona-14-forming-a-minyan-outside/ Rav Schachter (Piskei Corona #14)] writes that a person shouldn't try to make a minyan on his lawn spread out even if there's a small remote chance of spreading the virus. He also held that making a minyan with ten people standing on different balconies or porches doesn't count as a minyan. [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)] writes that certainly a person should not attend a minyan because of the danger and one may not rely on the zechut of a minyan to protect him, one needs to be safe. Rav Asher Weiss agrees that one must pray alone in order to avoid potential danger (Minchat Asher, Volume on coronavirus, Inyane Tefila section, Chapter 16, page 36). </ref> There is an exemption from tefila in a minyan due to the danger of the pandemic.<ref>Rav Asher Weiss (Minchat Asher, Volume on coronavirus, Inyane Tefila section, Chapter 16, Subchapter 1, page 40).</ref><br />
#If there ten people standing on their own porches and can see one another, some say that one can not create a minyan in such a manner, while others hold that one can.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951048/rabbi-hershel-schachter/piskei-corona-14-forming-a-minyan-outside/ Rav Schachter (Piskei Corona #14)] holds that it isn't a valid minyan. However, Rav Shternbuch (teshuva Nissan 8 5780) held that it is a valid minyan. To satisfy all the opinions the shaliach tzibur should have in mind that when he does chazarat hashatz that he could be praying a voluntary tefillah. They can't join if they're across the street and within ten tefachim of the ground. The shaliach tzibur needs to be able to see everyone. For kriyat hatorah that is done with porches initially one should call up the baal koreh or anyone on his porch, then one can even call up to an aliya someone on another porch as long as he can hear the baal koreh. The kohanim should leave before retzah because they can't say birkat kohanim. Someone davening alone doesn't have to hear kriyat hatorah since it is an obligation of the community and not individual. Rav Asher Weiss (Teleconference with Aguda, April 2 2020) was also inclined to hold that it is possible to make a minyan with people on porches who can see each other.<br />
<br />
*Mishna Brurah 55:48 based on Rashba responsa 1:96 holds that one can learn from the laws of zimmun that if people can see each other they can join for minyan.<br />
<br />
Rav Asher Weiss writes that a minyan can be created between men praying from their respective porches in order to prevent the grave danger of congregating in closer proximity, and kadish and kedusha may be recited (Minchat Asher, Volume on coronavirus, Inyane Tefila section, Chapter 18, Subchapter 2, page 53)</ref><br />
#You can't create a minyan with a video (e.g. zoom or skype) or phone call but one can join a minyan of ten men in one room with a video or phone call in order to answer [[dvarim shebekedusha]].<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)], Rabbi Nacson in Laws of Praying Beyachid p. 4 based on Yalkut Yosef 5775 ed Yamim Noraim p. 17, Yabia Omer 1:19:18, Chazon Ovadia Purim p. 56</ref><br />
#It isn't considered a minyan for people to join together to daven on a video conference but it is still spiritually valuable.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)]. Rav Asher Weiss says that it is appropriate to fix a time for people to pray together remotely. Rav Asher adds it will help ascertain that prayer is done properly, on time and with concentration. Nonetheless, chazarat hashatz and devarim shebikdusha must be omitted. (Minchat Asher, Volume on coronavirus, Inyane Tefila section, Chapter 17, pages 45-46)</ref><br />
<br />
===Answering [[Amen]]===<br />
<br />
#Even if there is a time delay between the person reciting the bracha and the one answering it that wouldn't be considered an [[Amen Yetoma]].<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)], [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)], Rabbi Nacson in Laws of Praying Beyachid p. 4 based on Yalkut Yosef 5775 ed Yamim Noraim p. 17, Yabia Omer 1:19:18, Chazon Ovadia Purim p. 56</ref><br />
<br />
===Megillah===<br />
<br />
#There is a major dispute if a person could fulfill their mitzvah of listening to the megillah on the phone or through watching a live streamed video. Some rabbanim advised this,<ref>Rav Schachter cited by [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)] and Rav Aviner agreed.</ref> while others hold that one can't fulfill one's mitzvah at all.<ref>Rav Dovid Feinstein cited by [http://podcast.headlinesbook.com/e/coronavirus-what-the-halacha-tells-us/ Rabbi Fink] and [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)]</ref> See this topic explained more fully here: [[Brachot_Through_a_Microphone]].<br />
<br />
==Netilat Yadayim==<br />
<br />
#If a person wants to wash his hands with soap and wash [[Netilat Yadayim for a meal]], one should first wash Netilat Yadyaim for the meal, dry the hands, recite the bracha, and then wash one's hands with soap and then recite the Hamotzei.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Willig (min 30-34)]</ref><br />
<br />
==Shabbat Davening==<br />
===Friday Night===<br />
<br />
#Although the reason for reciting Shalom Alechem on a Friday night is that the angels accompany you home from shul and you welcome them to your home, if one was unable to attend shul on a Friday night, he would still sing Shalom Alechem.<ref>[https://vimeo.com/399141271 Rabbi Moshe Heinemann] at around 28:30 in the name of Rav Moshe Feinstein, because Hashem will not punish you by not sending the angels when you weren't able to attend</ref><br />
<br />
===Davening for the Sick===<br />
<br />
#It is generally prohibited to daven on Shabbat for our needs or for the well-being of a sick person. However, if the person is in a state of mortal danger one may daven for his well-being on Shabbat.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951537/rabbi-hershel-schachter/piskei-corona-25-davening-for-the-sick/ Rav Schachter (Piskei Corona #25)]</ref> See [[Shabbat_Davenings#Personal_Requests]] for all of the details of this topic.<br />
<br />
===[[Kriyat Hatorah]]===<br />
<br />
#A person who is at home and can't be at shul should nonetheless read the parsha from a chumash between Shacharit and Mussaf as a way of remembering the concept of kriyat hatorah. He can use that reading as part of his reading of [[Shenayim Mikra Vechad Targum]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] quoting Rabbi Willig. [https://www.star-k.org/videos.php Rabbi Moshe Heinemann] around minutes 7-10 agrees that you should do so on Shabbat, but that it is not necessary on Monday and Thursday. </ref> Some think this doesn't accomplish anything.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950291/rabbi-hershel-schachter/piskei-corona-8-krias-hatorah/ Rav Schachter (Piskei Corona #8)]</ref><br />
#When the congregation misses a kriyat hatorah they can make it up by reading two parshiyot next week in Shul. However, if they miss multiple weeks there is a discussion if they should or could make up all of the parshiyot that they missed.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] based on Rama and Magen Avraham</ref><br />
#A person should not move a sefer torah out of a Shul for a home minyan.<ref>[https://drive.google.com/file/d/14IUOs2OOMhloqYwnbv3iKGrWS6GbYGId/view?usp=drivesdk Rabbi Yonatan Nacson in Laws of Praying Byachid (p. 10)] citing Rav Asher Weiss</ref> See [[Respecting_a_Sefer_Torah#Transporting_a_Sefer_Torah]] for more details.<br />
#There still is an obligation of [[Shenayim Mikra Vechad Targum]] when the there is no congregation doing the Kriyat Hatorah in shul.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950291/rabbi-hershel-schachter/piskei-corona-8-krias-hatorah/ Rav Schachter (Piskei Corona #8)</ref><br />
#One doesn't recite [[Baruch Shemey]] when praying by oneself since it is part of the activity of removing the Sefer Torah.<ref>Mishna Brurah 134:13</ref><br />
<br />
===Anim Zemirot===<br />
<br />
#A person davening alone doesn't have to recite Anim Zemirot.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951536/rabbi-hershel-schachter/piskei-corona-24-anim-zmiros-without-a-minyan/ Rav Schachter (Piskei Corona #24)] explains that anim zemirot was instituted only for a minyan, and according to Rav Soloveitchik was considered a [[dvar shebekedusha]].</ref><br />
<br />
==[[Hagomel]]==<br />
<br />
#A person who was quarantined and got out of quarantine doesn't recite Hagomel since they were in no danger.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
#A person needs to recite [[hagomel]] in front of a [[minyan]] of ten men. Some suggest that this can be recited before ten people listening on a video or phone call and can answer amen. Even though they aren't present, the minyan in this context is purely to publicize the idea so it is permissible.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)]</ref> Others disagree and as long as the minyan isn't in the same room one can not recite hagomel.<ref>Divrei Dovid 4:3</ref><br />
#According to Ashkenazim, if a person is ill with a sickness to the point that he is a choleh sheyesh bo sakana, a concern of mortal danger, he should recite Hagomel, but if he less sick than that there is no need to recite Hagomel.<ref>Rama 219:8, [http://nleresources.com/2020/03/rav-asher-weiss-coronavirus-in-halacha/#.XnoNOIjYrIU Rav Asher Weiss (March 15 2015, min 11)]</ref> Sephardic tradition is to recite Hagomel anytime someone was sick in bed such as with a flu or bad cold even for a short period of time.<ref>[https://itorah.com/global-search/birkat%20hagomel Rabbi Mansour ("Saying Birkat Hagomel Within 3 Days and Laws of Birkat Hagomel Following A Sickness")]</ref><br />
<br />
==[[Bedikat Chametz]] and [[Biur Chametz]]==<br />
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#A person should do bedikat chametz after praying by oneself at Tzet Hakochavim and then immediately begin the bedika. They should not have a meal within a half hour of the bedika.<ref>[https://www.torahanytime.com/#/lectures?v=106099 Rav Shmuel Fuerst (min 1-5)],[https://www.yutorah.org/sidebar/lecture.cfm/950401/rabbi-dan-cohen-rabbi-meir-gavriel-elbaz/pesach-prep-simplified/ Rav Meir Elbaz (min 17-8)]</ref><br />
#Because one can't do a large communal Chametz burning because gatherings aren't safe and even doing it with a few people at a time can look to non-Jews as unsafe. Rather one should just do biur chametz with a Kezayit by flushing it down the toilet.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-3-Mar-26-2020.pdf Rav Herschel Schachter (teshuva Rosh Chodesh Nissan 5780)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]. [https://www.jpost.com/Israel-News/Chief-Rabbis-Dont-leave-home-to-burn-chametz-for-Passover-623072 Rav Yitzchak Yosef and Rav David Lau] said that one should not go outside to burn chametz or kasher pots.</ref><br />
#A person should sell chametz in the house or office if he left there before he had the chance to do a bedikat chametz. By selling the chametz there he is absolving himself of having to do bedikat chametz.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/950401/rabbi-dan-cohen-rabbi-meir-gavriel-elbaz/pesach-prep-simplified/ Rav Elbaz (min 26)], Rav Asher Weiss (Teleconference, March 29 2020 11am)</ref><br />
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==Selling [[Chametz]]==<br />
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#If a person doesn't usually [[sell chametz]] and is afraid that if he doesn't sell chametz one year he isn't going to have food afterwards he can sell his chametz. He wouldn't require a [[hatarat nedarim]].<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (min 20)], [https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 9-11)]. [http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-3-Mar-26-2020.pdf Rav Herschel Schachter (teshuva Rosh Chodesh Nissan 5780)] explained the reason why the hatarat nedarim isn't necessary. [https://vimeo.com/399141271 Rabbi Moshe Heinemann] at around 46:45 agrees that if there is a big loss one can be lenient and sell chametz and it would not require hatarat nedarim, although he isn't so sure that it would be a big loss to an individual.</ref><br />
#A person can sell his chametz on the phone or online and if possible a kinyan can be made virtually in order to appoint the rabbi to sell the chametz. The kinyan would take place as follows: the rabbi would ask if there's someone standing next to the one who wants to appoint the rabbi and if there is then that person can give a pen or a utensil to the one who wants to appoint the rabbi as his shaliach. This is considered a valid kinyan between the person standing there and the one who wants to appoint the rabbi on behalf of the rabbi to be appointed. If that isn't feasible it isn't necessary. Nonetheless, one could stipulate in the document that this appointment of the rabbi is done with the full knowledge of its legal ramifications and it is accepted completely.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-1-Mar-24-2020.pdf Rav Hershel Schachter (Teshuva dated 28 Adar 5780 p. 2)], Nefesh Harav p. 179, [https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (min 1-5)] explained that the minhag is to make a kinyan to appoint a someone to sell something for you. This is classically done with a handing of a handkerchief from the rabbi to the one selling chametz. However, when they call on the phone that isn't possible. The Steipler held in such a case it isn't necessary to be careful about that minhag and simply have the person orally declare that he appoints the rabbi. However, Rav Soloveitchik felt that we should try to fulfill the minhag in any event. How can it be fulfilled? One can have someone standing in the room next to the person on the phone give something to the person on the phone on behalf of the rabbi. That is an effective halachic kinyan on behalf of the rabbi (see Kiddushin 7a). [https://www.torahanytime.com/#/lectures?v=106099 Rav Shmuel Fuerst (min 10)] explained that one can appoint the rabbi to sell his chametz online. Rav Asher Weiss (Minchat Asher Corona p. 66) agrees. [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal] allowed appointing the rabbi online if he is a talmid chacham.</ref><br />
#There is no issue with the selling of Chametz even though the Chametz is in a locked building or in a place that isn't accessible to the non-Jew because of the coronavirus situation.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950290/rabbi-hershel-schachter/piskei-corona-10-chametz-sheeno-birshuso/ Rav Schachter (Piskei Corona #10)]</ref><br />
#Some poskim allow ordering chametz on Pesach if one is certain that it will only be delivered after pesach.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951179/rabbi-hershel-schachter/piskei-corona-17-ordering-chametz-from-a-non-jew-on-pesach-to-arrive-after-pesach/ Rav Schachter (Piskei Corona #17)] explains that it isn't considered rotzeh bkiyumo, wanting the chametz to continue to exist, to order the chametz since one doesn't insist on any particular box of chametz that the company provides. However, one certainly may not acquire it with a kinyan such as picking it up or moving it. Even if it is delivered into one's property if one has intention not to acquire it, one doesn't acquire it. Yet, one can't even protect it since doing so is an issue of rotzeh bkiyumo. [https://yeshiva-university.zoom.us/rec/play/usAsduuh-283HoLAtASDAPZ9W9S0eq2s0igX-_pez0jkW3EFZFr1M7QRa7Qf9B_vOGt5lyO0vcW9I1-0?startTime=1585760529000&_x_zm_rtaid=CQsocm3ZRaq6pGgFL5OMGQ.1585880286593.75ff95374a21dbfc2f0c45524d508e2a&_x_zm_rhtaid=674 Rav Willig (April 1 2020, min 0-2)] agreed in technical terms.</ref><br />
<br />
==Buying for Pesach==<br />
<br />
#If you have raw chicken or raw meat you don't have to worry that it is chametz even if it was processed in a place where there was chametz. You can simply wash it off to solve any question.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 11-15)]</ref><br />
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==Kitniyot==<br />
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#Out of a concern of the coronavirus, this year some poskim permit taking vitamins which have additives of [[kitniyot]] in order to stay healthy and to strength one's immune system.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950289/rabbi-hershel-schachter/piskei-corona-7-kitniyos/ Rav Schachter (Piskei Corona #7)]</ref><br />
#Someone with Crohn's disease and needs to drink an enriched milk with kiniyot additives for his health can do so on Pesach. Also, he can do so within 6 hours after eating meat (see [[Waiting between Meat and Milk]]).<ref>[https://www.yutorah.org/lectures/lecture.cfm/950289/rabbi-hershel-schachter/piskei-corona-7-kitniyos/ Rav Schachter (Piskei Corona #7)]</ref><br />
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==[[Kashering for Pesach]]==<br />
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#Some poskim allow [[kashering a dishwasher]] for Pesach even though there are plastic and other materials in there that are questionable to kosher. One should wait 24 hours without using it and then use with just hot water and no soap. According to Ashkenazim this should be used to kosher it from Chametz but not from meat to parve or milk or vice versa.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-3-Mar-26-2020.pdf Rav Herschel Schachter (teshuva Rosh Chodesh Nissan 5780)]</ref><br />
#Some hold that one can kasher plastic, while others disagree. See on the [[Kashering_the_Kitchen_for_Pesach#Which_materials_can_be_kashered.3F]] page.<br />
<br />
==Pesach Davening==<br />
===Hallel Pesach Night===<br />
<br />
#There is a custom of Sephardic and some Ashkenazic communities to recite Hallel Pesach night in Shul. However, being that the current situation demands that a person needs to remain inside there is no way to fulfill this minhag and should not recite Hallel after davening. Rather one should only recite it at the Seder.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950285/rabbi-hershel-schachter/piskei-corona-9-hallel-on-pesach-night-and-tefillas-tal/ Rav Hershel Schachter (Piskei Corona #9)]</ref> Some Ashkenazic poskim would allow reciting a bracha.<ref>Rav Asher Weiss (Minchat Asher Corona p. 73-4) writes that a person who has the practice to recite the Hallel the night of the seder after davening can do so with a bracha even when davening individually.</ref><br />
#According to Sephardim, one should recite Hallel the night of the seder after davening with a bracha even though one is davening at home.<ref>Yachava Daat 5:34, Teshuva written by Rabbi Mordechai Lebhar author of Magen Avot (Erev Shabbat Hagadol 5780), Kaf Hachaim 487:38-42</ref><br />
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===Shir Hashirim on Chol Hamoed===<br />
<br />
#Ashkenazim generally have the custom to read Shir Hashirim on Shabbat Chol Hamoed Pesach. This year since there is no minyanim available, when one davens at home individually, there is no obligation to read Shir Hashirim. One may do so but it isn't in fulfillment of the minhag.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950655/rabbi-hershel-schachter/piskei-corona-13-shir-hashirim-on-chol-hamoed-pesach/ Rav Schachter (Piskei Corona #13)]</ref><br />
<br />
===Tefillat HaTal===<br />
<br />
#One can recite the piyut for tal on Pesach was only instituted for a congregation, however if one wants to recite it one may do so.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950285/rabbi-hershel-schachter/piskei-corona-9-hallel-on-pesach-night-and-tefillas-tal/ Rav Schachter (Piskei Corona #9)]</ref><br />
#In Mussaf everyone should stop saying [[Mashiv Haruach Umorid Hageshem]] and instead recite Morid Hatal because one is davening individually and one may not change from the practice of saying Mashiv Haruach of the congregation until the Shaliach Tzibur has done so and this year there are no minyanim switching at mussaf. After Mussaf, starting with Mincha, one should follow their regular minhag if they usually recite Morid Hatal or not.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950285/rabbi-hershel-schachter/piskei-corona-9-hallel-on-pesach-night-and-tefillas-tal/ Rav Schachter (Piskei Corona #9)]</ref> See [[Mashiv_HaRuach_UMorid_HaGeshem#When_to_Stop_Morid_Hageshem_and_Start_Tal]] for the background.<br />
#For Sephardim, one may begin to recite Morid Hatal in Mussaf even though he praying individually and there is no minyan nearby.<ref>Kaf Hachaim 114:8 and Halacha Brurah v. 6 p. 145 rule that the primary halacha is that there's no prohibition to begin to start to say Morid Hatal before the Shaliach Tzibbur. It is only forbidden for an individual to begin Mashiv Haruach Umorid Hageshem before the congregation does. This is the approach of the Bet Yosef citing the Ran, Pri Chadash, and Maamar Mordechai, unlike the Raavad cited by the Tur 114:2. However, in a regular year, the Kaf Hachaim and Halacha Brurah recommend being strict for the Raavad to have the Shaliach Tzibur announce before the Mussaf that everyone should begin to say Morid Hatal.</ref><br />
<br />
==Machine Matza==<br />
<br />
#It is permitted under extenuating circumstances to use [[machine matza]] for the mitzvah of eating matzah on the seder night.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards beginning)]. This is acceptable for Sephardim as well even with a bracha as described by Rav Ovadia Yosef in Yachava Daat 1:14 and Chazon Ovadia (Pesach Hilchot Leil Haseder 5763 Edition p. 76). [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim] holds that one should really used hand baked matzah but if one can't acquire any then one can use machine matzah. [https://yeshiva-university.zoom.us/rec/play/uMB7I-D--j83ToDAtgSDUaJ7W9Xueqis0nRK-6FfmUm0VSMBZ1qjYLIbZbHenouY882eTH8fEnI5K7DA?startTime=1585587811000&_x_zm_rtaid=5PWyeRatQdGWZ2q1UH7K6w.1585657713810.05dafc99f0c11cb46ffb1a63ddd87e47&_x_zm_rhtaid=904 Rav Willig (min 2)] has a similar approach.</ref><br />
#Some say that there's no concern to have the hand baked matzot this year.<ref>Rav Asher Weiss (Teleconference March 22 2020, min 19) said that there's no concern to use the hand-baked matzot since they were baked earlier in the year. His personal minhag is to have only hand baked matzot. In terms of using machine matzah he felt that it is only a chumra not to use them even for the mitzvah of motzei matzah and one could use them if there's no other option.</ref><br />
<br />
==[[Eruv Tavshilin]] and [[Eruv Chatzerot]]==<br />
<br />
#A rabbi should establish an eruv tavshilin on behalf of his whole community. Even though usually he acquires it to another person who isn't a family member on behalf of the community, this year because of social distancing one can acquire it to one's wife. <ref>[https://www.yutorah.org/lectures/lecture.cfm/951181/rabbi-hershel-schachter/piskei-corona-19-eruv-tavshillin-and-eruv-chatzeiros-and-social-distancing/ Rav Schachter (Piskei Corona #19)]</ref><br />
#An eruv tavshilin works to allow cooking from Yom Tov to Shabbat even though it isn't possible to have guests in most cases.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951181/rabbi-hershel-schachter/piskei-corona-19-eruv-tavshillin-and-eruv-chatzeiros-and-social-distancing/ Rav Schachter (Piskei Corona #19)] explained that usually we use the concept of ''hoil'', since guests might arrive who can eat the food one cooked, to permit cooking from one day of Yom Tov to Shabbat. However, this year that seems not to be applicable. Rav Schachter explained based on the Maharam Chalavah that ''hoil'' doesn't necessitate that one actually have guests or even have the ability to have guests, it is rather a halachic principle since objectively it is possible to have guests the eruv is effective.</ref><br />
#The communal eruv chatzerot continues to be effective even though the communal box of matzah's might not be accessible.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951181/rabbi-hershel-schachter/piskei-corona-19-eruv-tavshillin-and-eruv-chatzeiros-and-social-distancing/ Rav Schachter (Piskei Corona #19)] explained that since theoretically it is possible to get the box alone for a few minutes it isn't completely inaccessible (see Har Tzvi OC 2:16).</ref><br />
#It is permissible to wear a surgical mask on Shabbat outside and it isn't [[carrying]] as long as it is fastened well and won't fall off.<ref>[https://itorah.com/daily-halacha/lecture/may-one-wear-a-surgical-mask-on-shabbat-in-a-public-domain/3803 Rabbi Mansour]</ref><br />
<br />
==Birchat Ha'ilanot==<br />
<br />
#One can recite birkat hailanot from indoors if one can see the trees but one may not recite them by seeing the trees on a video.<ref>Ateret Paz p. 154-6</ref> See the [[Birchat HaIlanot]] for more details and sources.<br />
<br />
==[[Tanit Bechorot]]==<br />
<br />
#A person should try to finish a short masecheta to make his own siyum.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-1-Mar-24-2020.pdf Rav Hershel Schachter (Teshuva dated 28 Adar 5780 p. 2)], [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref> Some say that learning one masechta with Bartenura is sufficient.<ref>[https://itorah.com/daily-halacha/lecture/ta-anit-bechorot-during-the-coronavirus-pandemic/3802 Rabbi Mansour], [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref><br />
#Many poskim say that he can rely on a siyum over the phone or video livestream.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-1-Mar-24-2020.pdf Rav Hershel Schachter (Teshuva dated 28 Adar 5780 p. 2)]. [https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards beginning)]. [https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 1-4)] explained that Rav Schachter and Rav Shlomo Zalman Auerbach hold that it is enough to listen and join with the siyum over the phone or video call. However, other poskim don't like this leniency. Rav Asher Weiss (Teleconference March 22 2020, min 7) agreed that one can be yotzei with a siyum over the phone or video for the tanit bechorot. [https://www.torahanytime.com/#/lectures?v=106099 Rav Shmuel Fuerst (min 6)] agreed that this year you can be yotzei the siyum over the phone since it is an extenuating circumstance. [https://youtu.be/Yo6IJi2V-bw Rav Avigdor Nevinsal] agreed that you can be part of a siyum over the phone and the meal one has afterwards is a seudat mitzvah. [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim] holds that it is better to make a siyum oneself even on a tractate of mishna but if that's not possible one can listen on the phone.</ref><br />
#Some say that in the event one can't make one's own siyum or even hear someone else's, one doesn't need to fast this year in order to maintain strength in this time of a health crisis.<ref>[https://itorah.com/daily-halacha/lecture/ta-anit-bechorot-during-the-coronavirus-pandemic/3802 Rabbi Mansour]</ref><br />
<br />
==Birkat Halevana==<br />
<br />
#Ideally one should recite birkat halevana outdoors.<ref>Rama 426:4</ref> If one can not do so one can recite Birkat Halevana from inside but initially one should open the window.<ref>Pri Megadim M"Z 426:4, Mishna Brurah 426:21</ref> See the [[Birkat HaLevana]] page.<br />
<br />
==Chol Hamoed==<br />
<br />
#One can't buy stocks or sell them on Chol Hamoed, however, if not selling them could lead to a loss of one's original capital that one invested one can sell it.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref><br />
<br />
See [[Chol Hamoed]] for many details.<br />
<br />
==Using Zoom for the Seder==<br />
<br />
#Although a minority of rabbis allow using Zoom for this emergency situation in a very extenuating circumstance where an elderly single person is alone for the seder away from family because of the quarantines to use technology to leave a video conference going for Yom Tov to join with a family seder,<ref>[http://www.israelnationalnews.com/News/News.aspx/277764 Rabbi Eliyahu Abergel and other rabbis]</ref> most rabbis consider this to be a breach of halacha.<ref>Rav Asher Weiss (Teleconference March 22 2020 11am, min 39; teshuva in Minchat Asher Corona pp. 75-6), [http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-2-Mar-25-2020.pdf Rav Herschel Schachter (teshuva Adar 29 5780)], [https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 20-22)], [https://www.inn.co.il/News/News.aspx/432065 Rav Yosef Tzvi Rimon]. Rav Willig's held that it is absolutely forbidden and it is a tremendous zilzul Shabbat besides questions of others prohibitions of Shabbat.</ref> There is a discussion if the firstgroup of rabbis retracted.<ref>[https://vosizneias.com/2020/03/24/the-heter-for-zoom-at-the-seder-is-incorrect-and-should-be-retracted/ Rabbi Yair Hoffman] describes how 3 of the original signers of the lenient ruling would only permit under life and death needs and not in general. However, [https://www.jpost.com/israel-news/zoom-passover-seder-rabbis-hit-back-at-critics-622494 another article] describes how some of the original rabbis who were lenient confirmed their opinions.</ref><br />
#It is suggested to perform a pre-pesach zoom seder for people who you can't invite to your seder in order to share divrei torah, songs, and the experience of the seder before Yom Tov.<ref>[https://www.inn.co.il/News/News.aspx/432065 Rav Yosef Tzvi Rimon]</ref><br />
#For someone who is clinically depressed to the point that there is a concern of suicide or just losing one's mind it is permitted to use a phone to call him to cheer him up and check on him. However, if there's a way to check the patient before Pesach one should do so.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-2-Mar-25-2020.pdf Rav Herschel Schachter (teshuva Adar 29 5780)]. [https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Willig (min 24)] agrees that we violate Shabbat for someone who is suicidal but they can use the phone.</ref> A person should check with his rabbi in each case.<br />
#A person should recite Ha lachma anya this year as one would any other year, even though that phrase is a call for inviting guests and this year that is impossible.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951299/rabbi-hershel-schachter/piskei-corona-21-can-we-say-kol-dichfin-this-year-/ Rav Schachter (Piskei Corona #21)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
<br />
==[[Sefirat Haomer]]==<br />
<br />
#If someone couldn't get a hair cut because the barbers were all closed before Pesach, then if one reached the point when it very noticeably long and people would tell him to get a haircut he can take a haircut during [[Sefira]]. Today it can be estimated that if it has been more than 2 months since his last haircut he can take a haircut during the Sefira.<ref>https://www.yutorah.org/lectures/lecture.cfm/950659/rabbi-hershel-schachter/piskei-corona-16-haircuts-on-chol-hamoed-and-sefira/ Rav Schachter (Piskei Corona #16)</ref><br />
<br />
==Mikveh==<br />
<br />
#Each community rabbi needs to decide these sort of questions however in theory it is possible for the Mikva to remain open and allow women who aren't having symptoms or aren't quarantined to go to Mikva. They should be extra careful about hygiene and prepare completely at home, go to the Mikva where there is no contact with anyone besides a brief contact with the water which has chemicals for cleanliness. Then upon returning home there are poskim who allow the woman to take a shower when she gets home to clean herself off.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/950654/rabbi-hershel-schachter/piskei-corona-12-showering-after-the-mikvah/ Rav Hershel Schachter (Piskei Corona #12)], [https://www.torahanytime.com/#/lectures?v=105574 Rabbi Shay Tahan]. Rav Asher Weiss (March 29 2020) said it is obviously permitted to overlook the chumra of not showering when the woman returns from mikveh at these times.</ref><br />
#On Shabbat, if a woman goes to mikveh she can not take a hot shower when she gets back since turning on the hot water is causing cold water to enter the boiler and cook. Rather she should either decide to take a completely cold shower or delay the mikveh until Motzei Shabbat. She should also not decide not to take a shower at all because one shouldn't do something unsafe when there's an option to delay going to mikveh.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951538/rabbi-hershel-schachter/piskei-corona-26-showering-when-returning-home-from-the-hospital-or-the-mikvah-on-shabbos-or-yom-tov/ Rav Schachter (Piskei Corona #26)]</ref><br />
#On Yom Tov, according to those who are lenient to permit [[showering on Yom Tov]], when a woman returns from the mikveh should do so. Rav Schachter's opinion is that it is only permitted to take a shower on Yom Tov with water that is just hot enough to remove the chill from the water (less than lukewarm). If she decides she doesn't want to take such a shower, she should delay going to mikveh until after Yom Tov.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951538/rabbi-hershel-schachter/piskei-corona-26-showering-when-returning-home-from-the-hospital-or-the-mikvah-on-shabbos-or-yom-tov/ Rav Schachter (Piskei Corona #26)]</ref><br />
#The OU has established [https://www.ou.org/covid-19-and-the-mikvah-recommended-protocols/?utm_source=SilverpopMailing&utm_medium=email&utm_campaign=Mikvah%20Guidance%20(1)&utm_content=&spMailingID=32100310&spUserID=MTM2NTc0Mjg0NTYwS0&spJobID=1683098314&spReportId=MTY4MzA5ODMxNAS2 health guidelines] in order to allow a mikveh to remain open.<br />
#The RCBC also stated that Mikva's are remaining open for the time.<ref>[https://www.theyeshivaworld.com/news/featured/1839350/no-shul-yeshivas-shabbos-guests-levayos-shiva-vaad-harabanim-of-bergen-county-releases-letter.html RCBC letter on yeshivaworld.com]</ref><br />
#The men's mikveh's should be closed at this time. Even if a person is careful to go to mikveh each day he can fulfill this custom by taking a 5 minute shower.<ref>Rav Asher Weiss (Teleconference March 22 2020, min 12)</ref> See [[Preparations_for_Davening#Going_to_Mikveh]] for details.<br />
<br />
==Tevilat Kelim==<br />
<br />
#Each community should decide whether or not close the kli mikveh out of a safety concern. You can do the [[tevilat kelim]] in the ocean.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 5-9)], [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref><br />
#Alternatively, one can use tevilat kelim in the mikvah while wearing gloves, then throw out the gloves, wash off the kelim with soap and water. If the community has other procedures for safety one should observe them.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 5-9)], [https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 3-4)]</ref><br />
#As a last resort one can avoid tevilat kelim by giving the pots to a non-Jew and borrowing them back. One can rely on this until the virus passes.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 5-9)], [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]. [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal] said that one could rely upon this if there was no other option. [https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 14-16)] allows selling the kelim to a non-Jew. Rav Yosef Tzvi Rimon (teshuva dated Nisan 1 5780) recommended this.</ref> If one can't sell or gift the pots to a non-Jew oneself one can do so online through [https://nirshamti.co.il/e-%D7%98%D7%91%D7%99%D7%9C%D7%94/ Zomet].<br />
#Another option is for a person to declare the pots that need tevilat kelim to be ownerless (hefker) in front of 3 Jews. One has to have full intent that the pots are ownerless and if someone took them one would have no claim upon them. If these Jews can't be there in person it is sufficient if they are present through social media technology but they should be people who live in the neighborhood. They should then leave the pots outside their house for a few minutes so that if someone wanted to take them they could. <ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-1-Mar-24-2020.pdf Rav Hershel Schachter (Teshuva dated 28 Adar 5780 p. 1)], [https://itorah.com/daily-halacha/lecture/if-one-has-new-utensils-which-he-is-unable-to-immerse/3801 Rabbi Mansour]</ref> Others disagree.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 5-12)] said that one shouldn't use the solution to make the pots hefker since you're using the kelim. See Sefer Tevilat Kelim p. 84 based on Maharil Diskin. See S"A Harav 445:1 that hefker that isn't meaningful since you plan to reacquire it isn't a solution. However, Rav Elyashiv and Rav Soloveitchik allowed it in extenuating circumstances. Rav Asher Weiss (Minchat Asher Corona p. 72) writes that one should avoid using new pots and relying on this leniency to mafkir but in an extenuating circumstance one can rely on it.</ref><br />
#If there's are no solutions, some poskim would allow using the pots without tevilat kelim in this extenuating circumstance.<ref>Rav Asher Weiss (Teleconference, March 22 2020 11am), Rav Yosef Tzvi Rimon (Teshuva dated Nisan 1 5780)</ref><br />
#Regarding a seder plate and kos shel eliyahu requiring tevilah, see [[Tevilat Kelim]] page.<br />
<br />
==[[Brit Milah]]==<br />
<br />
#A Brit Milah can be done without a minyan since gatherings aren't safe.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
#A grandfather or someone else involved in a brit milah via zoom can recite the naming of the baby but he should not recite the bracha of asher kidash yadid mbeten.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951300/rabbi-hershel-schachter/piskei-corona-22-participating-in-a-simcha-via-zoom/ Rav Schachter (Piskei Corona #22)]</ref><br />
<br />
==Naming a Girl==<br />
<br />
#Although normally we try to name a baby girl at an aliya to the Torah, a person doesn't need a minyan in order to name a girl and under the circumstances should do so without delay.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Neventzal], [https://www.yutorah.org/lectures/lecture.cfm/950292/rabbi-hershel-schachter/piskei-corona-11-krias-shem-for-a-baby-girl/ Rav Schachter (Piskei Corona Teshuva #11)], [https://vimeo.com/399141271 Rabbi Moshe Heinemann] at about 16:45</ref><br />
<br />
==Bar Mitzvah's==<br />
<br />
#[https://www.torahanytime.com/#/lectures?v=105558 A message for Bar Mitzvah Boys in the Lockdown by Rabbi Pesach Krohn]<br />
#A bar mitzvah boy who missed the opportunity to read his parsha in shul when he became bar mitzvah'ed when it is next possible to go to shul he can add his parsha as a hosafa and read it then. Additionally, the haftorah can follow that hosafa.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards end)]</ref><br />
#The father of a Bar Mitzvah boy who couldn't layn should wait until he can do something that shows he's Bar Mitzvah like layn or daven as Shaliach Tzibbur to make such a bracha.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
<br />
==Weddings==<br />
<br />
#Ideally a wedding shouldn't be pushed off if both parties are ready even though it means having a tiny wedding.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal], [https://www.kimizion.org/maamar/5780_5784/keter.pdf (Keter Yitanu Lecha p. 38)]</ref><br />
#A rabbi should not officiate at a wedding that isn't abiding by the CDC guidelines of health because he is furthering unsafe practices.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards beginning)]</ref><br />
#It has been asked whether or not the poskim are more lenient this year regarding weddings during [[Sefira]] but the answer is that it is not determined because the situation is still unclear.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref> Some are lenient but it is best to schedule for [[Rosh Chodesh]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref><br />
#If in this dire situation it isn't possible to have a minyan, it is possible to have a wedding nonetheless without [[Sheva Brachot]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/951180/rabbi-hershel-schachter/piskei-corona-18-getting-married-with-less-than-10-men-present/ Rav Schachter (Piskei Corona #18)] explained that although it isn't possible to recite Sheva Brachot and seemingly they forbid the couple to each other without Sheva Brachot in this extenuating circumstance one can rely upon the opinion that the wedding is valid and they are permitted even without Sheva Brachot (see Nodeh Beyehuda EH 1:56). For birkat erusin certainly having a minyan isn't critical (Shulchan Aruch E.H. 34:4) although it is preferable and in this circumstance unnecessary. From Bet Shmuel 64:4 it appears to be a dispute between the Shulchan Aruch and Rama whether one is allowed to have a wedding at all if it is extremely difficult to get a minyan, the Rama being lenient. </ref><br />
#A minyan for [[sheva brachot]] can not be created via Zoom. Additionally, one can't recite a bracha of sheva brachot for the couple via Zoom.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951300/rabbi-hershel-schachter/piskei-corona-22-participating-in-a-simcha-via-zoom/ Rav Schachter (Piskei Corona #22)]</ref><br />
<br />
==[[Fast Days]]==<br />
<br />
#If the rabbis declare a half fast day until [[Chatzot]] according to Ashkenazim an individual can recite [[Anenu]] in Mincha Shemona Esrei<ref>Rama 562:1 writes that Ashkenazim hold that even for an incomplete fast one can recite anenu. Mishna Brurhah 562:48 references this Rama in discussing a fast that was accepted to fast until chatzot. The Mishna Brurah 562:7 cites a debate as to whether one should omit the words צום תעניתנו while reciting עננו in such a scenario as many poskim argue that a half fast is not considered a fast and therefore one would not want to risk speak falsely, particularly when he is speaking to Hashem.<br />
<br />
*[https://www.theyeshivaworld.com/news/israel-news/1841977/hagaon-harav-chaim-kanievsky-calls-to-fast-for-half-a-day-on-erev-rosh-chodesh.html Rav Chaim Kanievsky] declared a half fast on Erev Rosh Chodesh Nissan 5780.</ref> assuming he is still fasting when he prays Mincha.<ref>Mishna Brurah 562:6</ref> According to Sephardim one can only recite anenu if one fasts the entire day.<ref>Shulchan Aruch 562:10-11 holds that a incomplete fast is not considered a fast with respect to saying anenu. Therefore if one only fasts until chatzot one should not recite anenu.</ref><br />
#A person should accept the fast from the day before, as is traditionally done at mincha time. If one didn't do so, according to Sephardim one shouldn't recite anenu, but according to Ashkenazim one can recite anenu.<ref>Shulchan Aruch and Rama 562:5</ref><br />
<br />
==Mezuzah==<br />
<br />
#A person should not kiss any mezuzah, or any siddur or chumash of a shul or a public area at this time because of concern of spreading COVID19.<ref>[https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)], [https://www.jpost.com/israel-news/chief-rabbi-of-israel-due-to-coronavirus-stop-kissing-the-mezuzah-619753 Chief Rabbi Rabbi David Lau]</ref><br />
<br />
==Shalom Bayit==<br />
<br />
#It is critical to be mindful of other people when everyone is under stress and no one is completely comfortable. [https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Dr. Pelcovitz] discusses the implications quarantine can have Shalom Bayit.<br />
#It is forbidden for a couple to have [[tashmish]] at a night of famine<ref>Gemara Tanit 11a, Shulchan Aruch O.C. 240:12</ref> since everyone is in distress it is incumbent on everyone to take upon himself an aspect of distress.<ref>Mishna Brurah 574:9</ref> The same is true for any time of societal distresses.<ref>Rama 240:12 based on Yerushalmi Tanit. Olot Tamid 240:6 (cited by Kaf Hachaim 240:85) understands the Rama to apply to any type of tragedy that we would declare a fast over.</ref> Others disagree.<ref>Shaarei Knesset Hagedola (Hagahot Tur 240:5) writes that tashmish is only forbidden during a famine, plague of the crops, locusts and the like which cause a famine but not for other tragedies or troubles. Kaf Hachaim 240:85 rules like the Shaarei Knesset Hagedola either because that is the explanation of the Yerushalmi or we don't follow the Yerushalmi.</ref><br />
#It is permitted to have tashmish on mikvah night.<ref>Shulchan Aruch O.C. 574:11 writes that it is permitted for a couple to have tashish on mikva night. Mishna Brurah 574:11 cites the Magen Avraham who argues with Shulchan Aruch but then he cites the Bigdei Yesha and Nahar Shalom who are lenient and there's what to rely on to follow Shulchan Aruch. Mishna Brurah concludes that certainly one can be lenient at a time when it isn't a famine and it is just another time of distress in the world.</ref><br />
#It is permitted to have tashmish for a couple who didn't yet fulfill [[pru urevu]].<ref>Shulchan Aruch O.C. 240:12, 574:4, Mishna Brurah 240:47</ref> Once his wife is pregnant this leniency doesn't apply.<ref>Mishna Brurah 574:12</ref><br />
#If he has a strong yetzer hara and there is a concern of [[hashchatat zera]] it is permitted.<ref>Mishna Brurah 240:46</ref><br />
#There is what to rely upon to have tashmish at a time of war and there is no midat chasidut to be strict, especially for young couples even for someone who fulfilled pru urevu.<ref>Tzitz Eliezer 13:21</ref><br />
#During the time then the plague of corona virus is rampant in the world there is a lot to rely upon to have tashmish. Someone who wants to be strict can do so.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949166/rabbi-ally-ehrman/is-tashmish-hamitta-permitted-during-the-coronavirus-pandemic-/ Rabbi Ehrman on yutorah]. Rav Asher Weiss (Zoom Conference, March 22 2020, 11am, min 15) was lenient he said that the situation presently isn't one that rises to the level where we need to declare a fast. Also, since domestic violence recently has been on the rise because of the quarantines one shouldn't be strict in this area. </ref><br />
<br />
==Laid off Workers and Cancelled Contracts Because of Corona==<br />
<br />
#If there's a employee that is unable to work because of a societal or national crisis the employees should continue to be paid by the employers according to many opinions or at least they should make a compromise.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949287/rabbi-michoel-zylberman/coronavirus-and-laid-off-employees/ Rabbi Zylberman on yutorah]. Mordechai b"m 343 writes that if there's a decree in the town that the teachers can't teach the teachers should still be paid. Rama C.M. 321:1 cites this Mordechai and applies it to any worker in 334:1. The Sama 334:2 argues with the Mordechai and holds that since the employee can't work and both aren't at fault and both couldn't foresee this the employer is exempt. Netivot 334:1 limits the idea of the Mordechai to a teacher and not other employers since a teacher is paid for sachar betela (see [[Laws_of_Learning_Torah#Taking_Money_for_Learning_and_Teaching_Torah]]). Shach 334 holds that this opinion of the Mordechai only applies if majority of the town ran away because of a crisis but if only a minority runs away then the employee isn't entitled to payment. Aruch Hashulchan 334:10 has another approach. If the situation prevents the worker from working then he is entitled to pay but if he runs away then he isn't. Rabbi Zylberman explained from Mishpat Poalim we think that this is a case of Hamotzei Mchavero Alav Harayah, whoever is holding onto the money can claim that he is exempt from paying or returning the money. Rav Asher Weiss in Minchat Asher 2:106 says that they should make a compromise, and Rav Bleich ([https://www.sefaria.org/Contemporary_Halakhic_Problems%2C_Vol_IV%2C_Chapter_XIV_The_Intifada_and_the_Gulf_War.35?lang=bi&with=all&lang2=en Contemporary Halachic Problems v. 4]) thinks that we follow the Rama. Once the Chatom Sofer had a case in his town and he felt that they should pay but he couldn't force everyone to pay it so he told them to pay half. Rav Yona Reiss had a case where they made a compromise. <br />
<br />
*Rav Asher Weiss (Zoom Conference, March 22 2020, 11am, min 21-25) thought that one should compromise and give the workers who aren't working 30% of their pay. This applies Jewish and non-Jewish workers. This is based on the Rama and Sama CM 221. As for the day schools and daycares that are closed and not providing services one theoretically should be exempt. Since it might be devastating to the schools one needs to wait until the government makes a decision. Either way, we should wait until there is a major decision from the government or authorities and follow that. Until then for the schools we should pay so that the teachers can have a salary for their [[parnasa]].</ref><br />
#This applies to contractors for cancelled events as well.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949287/rabbi-michoel-zylberman/coronavirus-and-laid-off-employees/ Rabbi Zylberman on yutorah]</ref><br />
#If someone rented out an apartment to someone and then he wants to retract because of a concern that the potential tenants have the virus, some say that it is forbidden to back out of the contract.<ref>[http://kol-barama.co.il/item/%D7%A4%D7%99%D7%A7%D7%95%D7%97-%D7%A0%D7%A4%D7%A9-%D7%A7%D7%95%D7%A8%D7%95%D7%A0%D7%94-%D7%A2%D7%A4%D7%99-%D7%94%D7%94%D7%9C%D7%9B%D7%94/ Rav Yakov Sinai] based on Rama in teshuva, Shach CM 312 and other sources</ref> The same is true of a hotel or pesach program that was cancelled.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951789/rabbi-hershel-schachter/piskei-corona-27-the-importance-of-tzedaka-and-chesed/ Rav Schachter (Piskei Corona #27)] writes that it is important to reach a peshara, compromise, with respect to the question of how much a person should be paid in return for the pesach programs that were cancelled.</ref><br />
<br />
==Yeshiva Tuition==<br />
See previous section about the background for this question.<br />
<br />
#Even though the question of whether a person should pay tuition while it is closed is subject to debate a person should make sure to pay in full as the yeshivot do not have enough money and it is critical to give tzedaka at this time, which is a great merit to protect oneself from any danger.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951789/rabbi-hershel-schachter/piskei-corona-27-the-importance-of-tzedaka-and-chesed/ Rav Schachter (Piskei Corona #27)</ref><br />
<br />
==[[Bikur Cholim]]==<br />
<br />
#A person doesn't have to and shouldn't visit someone who has a virus that contagious such as corona.<ref>[http://kol-barama.co.il/item/%D7%A4%D7%99%D7%A7%D7%95%D7%97-%D7%A0%D7%A4%D7%A9-%D7%A7%D7%95%D7%A8%D7%95%D7%A0%D7%94-%D7%A2%D7%A4%D7%99-%D7%94%D7%94%D7%9C%D7%9B%D7%94/ Rav Yakov Sinai (min 3)] explains that although the Rama in a teshuva and Knesset Hagedola hold that one should visit the sick even if they have a contagious disease, the Shulchan Gavoha and others disagree and that is the halacha.</ref><br />
#A person fulfills the mitzvah of bikur cholim on the phone according to many poskim.<ref>[https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Shlomo Aviner (Keter Yitnu Lecha p. 34)] citing Igrot Moshe YD 1:223 and Tzitz Eliezer 8:5. Rav Aviner added that the main idea of bikur cholim is to do what is best for the patient and in our context that is to call.</ref><br />
#Someone who is praying for a mortally ill patient to get better and doesn't know if he is still alive should pray for his well-being and not specifically for him to get better.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951537/rabbi-hershel-schachter/piskei-corona-25-davening-for-the-sick/ Rav Schachter (Piskei Corona #25)]</ref><br />
<br />
==Burial and Mourning==<br />
===Burial===<br />
<br />
#Each place should follow the guidelines that are in place for safety. If a minyan isn't possible, then the next thing that is to try to have is Jews doing the burial. If they don't even let that, then afterwards a Jew should check that the burial by the non-Jews was done properly in the ground.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 26-8)]. [https://www.yutorah.org/sidebar/lecture.cfm/951298/rabbi-hershel-schachter/piskei-corona-20-tahara-for-meisim/ Rav Schachter (Piskei Corona #20)] said that they should specifically have as few people as possible for the burial and maybe just the workers and that too fulfills the mitzvah of burial.</ref> It is forbidden to cremate and it is still considered not dangerous to properly do a burial with no tahara and minimal involvement of the fewest people or simply the cemetery workers.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951298/rabbi-hershel-schachter/piskei-corona-20-tahara-for-meisim/ Rav Schachter (Piskei Corona #20)]</ref><br />
#At this time the chevra kadisha should not perform a tahara for the deceased since it could lead to danger.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951298/rabbi-hershel-schachter/piskei-corona-20-tahara-for-meisim/ Rav Schachter (Piskei Corona #20)]</ref><br />
#A person who was buried in America because of the corona virus but was planned to be buried in Israel can later when the virus isn't an issue be reburied in Israel, even though generally we don't rebury someone who was buried.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)]</ref> See the topic of [[Laws_and_Customs_of_a_Funeral#Under_What_Circumstances_is_it_Permitted_to_Move_Someone_Buried.3F|reburying a corpse]] in general.<br />
#Regarding burials on Yom Tov and Yom Tov Sheni, see [https://www.yutorah.org/lectures/lecture.cfm/951790/rabbi-hershel-schachter/piskei-corona-28-guidelines-for-burial-on-shabbos-and-yom-tov/ Rav Schachter's Guidlines for burial on Shabbat and Yom Tov]<br />
<br />
===Kriyah===<br />
<br />
#The rabbi could do the [[Kriyah]] for the mourner with gloves and a mask or he can simply tell the mourner to do it.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Willig (min 29)]</ref><br />
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===Avelut===<br />
<br />
#A person who is no going to be involved in the burial anymore because the deceased was given to the chevra kaddisha then he is not considered an [[Onen]] anymore and should begin [[Avelut]] (mourning). However, if he is going to call relatives to tell them about the levaya then he is still an [[Onen]].<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)]</ref>. If he is going to watch the burial with Zoom or listen on the phone it is unclear if he is still an Onen.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)] isn't certain if a person involved in the burial merely because he is watching via Zoom is still considered an Onen. [https://www.yutorah.org/sidebar/lecture.cfm/839779/rabbi-asher-bush/%d7%94%d7%aa%d7%97%d7%9c%d7%aa-%d7%90%d7%91%d7%99%d7%9c%d7%95%d7%aa-%d7%9c%d7%9e%d7%99-%d7%a9%d7%90%d7%99%d7%a0%d7%95-%d7%a0%d7%9e%d7%a6%d7%90-%d7%91%d7%a7%d7%91%d7%95%d7%a8%d7%aa-%d7%90%d7%91%d7%99%d7%95-%d7%95%d7%9e%d7%a9%d7%aa%d7%aa%d7%a3-%d7%a2-%d7%99-%d7%94%d7%98%d7%9c%d7%a4%d7%95%d7%9f/ Rav Asher Bush] wrote based on MPeninei Harav p. 202 that he considers someone phoning into a burial to not be an Onen unless they're going to ask him questions about the burial.</ref><br />
#On [[Erev Pesach]] if someone is buried before [[Chatzot]] (midday) the relatives should observe [[Avelut]] (mourning) before Chatzot and then at Chatzot it is considered like a Yom Tov and the rest of the [[Shiva]] is cancelled. If the person is buried after [[Chatzot]] they should observe Avelut before Yom Tov and then the Yom Tov will come and cancel the rest of [[Shiva]].<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)]</ref><br />
#A mourner shouldn't eat his first meal after the burial, the [[Seudat Havrah]], from his own food; other should provide that food. If at this time when people are concerned for COVID19 and might not send food, if the mourner knows that he isn't going to be sent food, he can eat the first meal from his own food.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)]</ref><br />
<br />
===Kaddish and Iyluy Neshama===<br />
<br />
#Under the circumstances a person can not recite the kaddish because minyanim aren't available. Therefore, a person should take upon himself to learn mishnayot for the deceased.<ref>Rav Asher Weiss (Minchat Asher Corona pp. 58-9)</ref><br />
<br />
See [[Practices_in_the_Mourner%27s_House#Iyluy_Neshama]] and [[Kaddish]] pages.<br />
<br />
==[[Kibbud Av Vem]]==<br />
<br />
#If one's parents ask him to do something which the department of health has deemed unsafe a person should not listen to his parents in such a case and that isn't a breach of Kibbud Av Vem.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-2-Mar-25-2020.pdf Rav Schachter (Teshuva Adar 29 5780)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
<br />
==Violating Shabbat for [[Pikuach Nefesh]]==<br />
'''On Shabbat or Yom Tov, if anyone has any concern whatsoever that they are in serious danger because of deteriorating health, they should immediately call a doctor or [[Going_to_and_Staying_in_the_Hospital_on_Shabbat|go to the hospital]].'''<br />
<br />
#It is a well established halacha that it is not only permitted but even a mitzvah to violate [[Shabbat]] in order to safe a life or to remove a situation that presents even a slight chance of danger.<ref>Shulchan Aruch O.C. 328:13</ref> The question is how to define the threshold of danger.<ref>[http://nleresources.com/2020/03/rav-asher-weiss-coronavirus-in-halacha/#.XnoNOIjYrIU Rav Asher Weiss (March 15 2020, min 18-22) to Beit Midrash Gavoha] explained that the definition of danger in order to violate Shabbat isn't defined by statistics. For vaccinations we assume that it is a sakana not to vaccinate even though the odds of dying because of the measles is low. Since it is preventable it is incumbent upon us to vaccinate. He concludes that as long as it is a natural phenomenon and there is an action that we can do to prevent deaths we must do so.</ref><br />
#In certain cases of emergency regarding corona virus it would be allowed to violate Shabbat.<ref>[https://www.theyeshivaworld.com/news/headlines-breaking-stories/1841156/harav-zilberstein-answer-telephone-on-shabbos-if-awaiting-results-of-coronavirus-test.html Rav Zilberstein] allowed a patient to answer the phone on Shabbat with a [[shinuy]] only to hear the results of a test and answer questions for epidemiological investigation. If the test results that show that a patient has the virus are produced on Shabbat it is incumbent for the health department to deal with the quarantine then and it is permitted to answer the phone for that.</ref> Obviously every single case is different and one should learn the laws of Pikuach Nefesh from a rabbi in advance.<br />
#If a person is discharged from the hospital on Shabbat and they need him to leave because of the lack of space that they have because of the numbers of people who are ill, his family member can drive to get him. They should do a [[Shinuy]] when turning on the car like turning the key with one's weaker hand, or pressing the button on the key with one's knuckle. Also, when turning off the car one should use a Shinuy.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950282/rabbi-hershel-schachter/piskei-corona-6-pikuach-nefesh-on-shabbos/ Rav Schachter (Piskei Corona #6)]</ref><br />
#If a relative is in the hospital and the family members would call the hospital that would indicate to the doctors and nurses that the family cares and the patient will receive better treatment, it is permissible to do so on Shabbat or Yom Tov.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951791/rabbi-hershel-schachter/piskei-corona-29-calling-the-hospital-on-shabbos-or-yom-tov-to-advocate-for-relatives/ Rav Schachter (Piskei Corona #29)]</ref><br />
<br />
==Doctors Working in the Hospital==<br />
<br />
#Regarding the larger issue of halachic triage see [https://www.yutorah.org/lectures/lecture.cfm/951531/rabbi-hershel-schachter/piskei-corona-15-triage-in-medical-decisions-updated-/ Rav Schachter (Piskei Corona #15 Updated)]. Here is a relevant [https://docs.google.com/document/d/1CtQ_XHzQarzg_0PEQODCO1ATKlM_cEmvPsXa8kdpgJA/edit sourcesheet on Halachic Triage]. [https://aiayk.org/pesachaudio/ Rav Asher Weiss (Teleconference April 6 2020, min 5-15)] discusses triage in halacha and what doctors should do.<ref>Rav Asher feels that there are only two factors that we consider for halachic triage: give precedence to someone who is in immediate danger, and give treatment to whoever has a better chance for survival. Age or spiritual need for the community are not factors for precedence. <br />
<br />
*Rav Asher says that for choleh shebifanenu the knowledge that another choleh is going to come in soon is considered pikuach nefesh if will with certainty be helpful. Therefore, if an older patient comes into the hospital but they know a younger patient is going to come in, they can consider them as though they came in together and treat according to who is in immediate danger and who has the better chance to live. Rav Schachter felt the same way in his teshuva.<br />
*If a hospital has a certain regulation, does he need to disregard the hospital protocols? Rav Asher Weiss felt that the doctors should not disregard hospital protocol, for multiple reasons but partly because if he doesn't he'll lose his license and having more able doctors at this time is pikuach nefesh.<br />
*Pulling a patient off a ventilator because someone entered the hospital who has a better chance of living, Rav Asher (min 27) felt is forbidden. Rather the doctor should say that he feels uncomfortable to do this and should let another doctor do it. Rav Schachter felt that one should try to convince the older patient to sign a DNR at that point in order to save the younger patient.</ref><br />
#A doctor may and is encouraged to perform a life saving procedure if he is wearing the correct protective gear.<ref>[https://aiayk.org/pesachaudio/ Rav Asher Weiss (Aguda Teleconference, April 6, 2020, min 18-22)] explains that you can’t put yourself in danger. However, you can if you’re saving someone from an immediate danger and you’re putting yourself in minimal danger then it is a middat chasidut to do so. Therefore, a doctor should do mechanical ventilation CPR on a COVID19 patient if he has the correct protective gear.<br />
<br />
*Rav Asher (min 33) allowed sharing ventilators when the doctors see fit in order to save another life because moving a patient from a single ventilator to a shared ventilator isn't considered doche nefesh mipnei nefesh since it isn't proven to be dangerous to use a shared ventilator. He also cited the Chazon Ish regarding turning the arrow to the side killing fewer people to save more people.<br />
*Rav Asher (min 38) said that a doctor who isn't in that particular field or is retired or has vacation doesn't have to volunteer but his doing so would be a middat chasidut. However, if he is endangering himself such as if he's over 70, he is immune compromised, or has a family member who is, then he shouldn't volunteer.</ref><br />
#A doctor returning from the hospital on Shabbat and needs to shower for health reasons so as not to catch the corona virus on his body or clothing, may do so. If he can manage with a cold shower, he should do so. If he can't, he may turn on the hot water with a [[shinuy]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/951538/rabbi-hershel-schachter/piskei-corona-26-showering-when-returning-home-from-the-hospital-or-the-mikvah-on-shabbos-or-yom-tov/ Rav Schachter (Piskei Corona #26)]. See there for how he distinguishes this from the woman returning from the mikveh on Shabbat.</ref><br />
<br />
==[[Mesira]] and Rodef==<br />
<br />
#If your doctor actually ascertains that there is a sakanat nefashot, mortal danger, involved with a certain large gathering that someone is doing then it is permitted to tell the authorities. However, otherwise it is forbidden because of informing upon another Jew ([[mesira]]). This can be a very difficult measure to actually properly assess.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Willig (min 41)]</ref> Some say that it is obligatory to be moser to the police on someone who is supposed to be in quarantine and isn't.<ref>Rav Asher Weiss (teshuva "Mechuyav Bbidud" Chol Hamoed Pesach 5780)</ref><br />
#Some hold that if a person is supposed to be in quarantine and they are not they are considered a rodef. However, obviously one should first speak to him and convince him to do what is safe.<ref>[https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 36)] citing Rav Zilberstein</ref><br />
<br />
==Links==<br />
<br />
*[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal Q&A about Corona]<br />
*[https://rabbidunner.com/coronavirus-qa-with-rav-hershel-schachter/ Transcription of Q&A with Rav Schachter by Rabbi Dunner]<br />
*[https://www.theyeshivaworld.com/news/featured/1839350/no-shul-yeshivas-shabbos-guests-levayos-shiva-vaad-harabanim-of-bergen-county-releases-letter.html RCBC letter calling for the closing of Shuls and Schools]<br />
*[http://www.torahweb.org/ TorahWeb] hosts many resources for Corona halacha including Rav Schachter's Teshuvot<br />
*[http://www.kolcorona.com/ KolCorona.com] a Torah resource, initiated by Rabbi Reuven Taragin, for those affected by Corona<br />
<br />
==Sources==<br />
<references /><br />
[[Category:Orach Chaim]]</div>YitzchakSultanhttps://halachipedia.com/index.php?title=The_Four_Cups_of_Wine&diff=25535The Four Cups of Wine2020-04-08T18:48:35Z<p>YitzchakSultan: /* What Type of Wine */</p>
<hr />
<div>There is a Rabbinic mitzvah to drink four cups of wine at [[the Seder]]. <ref> Chazon Ovadia ([[pesach]] page 1). However, Rav Shlomo Kluger in Sh"t Kinat Sofrim 95 holds that the obligation of the four cups of wine is from the Torah. </ref><br />
<br />
==What Type of Wine==<br />
# It's preferable to use red wine. <ref> Shulchan Aruch 472:11. Mishna Brurah (472:38) explains that the idea of having red wine either reflects the verse “Do not look at wine when it is red” (Mishlei 23:31) or serves as a symbol to remember Pharaoh slaughtering the babies of Bnei Yisrael and bathing in their blood. </ref> If there's white wine that's better than the red wine, Ashenazim say that one should have the white wine, while Sephardic practice is to have red wine anyway. <Ref> Rama 472:11 writes that if the white wine is better one can have that instead of the red wine. Kitzur Shulchan Aruch 118:1 concurs. Kitzur Shulchan Aruch 118:1 adds that in countries where there is a fear of a blood libel, the minhag is not to use red wine. However, Chazon Ovadyah ([[Pesach]] vol 2 pg 11) writes that the Sephardic custom is to use red wine anyway. Rav Mordechai Eliyahu (cited by Mikrei Kodesh (4:15, n. 52) says that the "tirosh" grape juice in [[Israel]] that has a yellowish color is considered red wine in this regard.</ref> There is a dispute if it is permissible to mix red wine into white wine to color it. <ref> Mishna Brurah (320:56) cites a dispute whether it is permissible to mix red wine into white wine to color it or one should avoid this. </ref> <br />
# If one hates wine or if it gives him a headache (but not if it's going to make him sick in bed), nonetheless, he should try to have the wine to fulfill the mitzvah of [[the four cups of wine]]. <ref> Shulchan Aruch 472:10 says that even if one hates wine or it is harmful to his health one should push himself to have the wine to fulfill the mitzvah. Mishna Brurah 472:35 explains that one only has to have it if it gives one a headache but not if makes one sick in bed. Is the case where it is difficult for him to have wine an obligation to have it anyway or is it just the proper practice? Chazon Ovadia v.1 p. 53 discusses this and entertains the possibility that it is just a middah chasidut. However, the Orchot Chaim (Hilchot Leil Seder n. 5) holds that it is an obligation. Aruch Hashulchan 472:14 holds like the Orchot Chaim. </ref><br />
# If there are no options and having wine or grape juice would make a person sick in bed he is exempt from drinking the four cups.<ref>Chazon Ovadia 1:4, Mishna Brurah 472:35, Aruch Hashulchan 472:14</ref><br />
# Many authorities say that one may not use grape juice for [[the Seder]], however, if one hates wine or will become ill, then there's is what to rely on to have grape juice. <ref> Mikrei Kodesh 2:35 (pg 130), Sh"t Chazon Ovadyah (in the note on pg 99-100), Halachos of [[Pesach]] (chapter 20, Sec B 5, pg 222) quoting Rav Moshe Feinstein rule that one doesn't fulfill חירות- having wine as a free man by having grape juice. However, Halachos of [[Pesach]] concludes that if one is unable to have wine one should have grape juice. Teshuvot Vihanhagot 2:243 writes that the Chazon Ish, Brisker Rav, and other Gedolim used grape juice at the end of their lives when they were unable to drink wine. Rav Shlomo Zalman Auerbach and the Chazon Ish held that one could use grape juice (Haggadah of Rav Shlomo Zalman Auerbach).</ref> Others, however, permit having grape juice and adds that lechatchila women and children can use grape juice. <ref> Sh"t Mishneh Halachot 10:87, Nefesh HaRav (p. 185) in name of Rav Soloveitchik </ref><br />
# If a person has no wine or grape juice can go to the store and buy grapes and press them and make kiddush on them.<Ref>Gemara Bava Batra 97b, Shulchan Aruch O.C. 272:2</ref><br />
#If someone has no wine they should recite kiddush upon the matzah, by reciting kiddush, al achilat matzah, then eat. Then he should eat karpas, start with maggid, continue with maror, and then korech.<ref>Shulchan Aruch O.C. 483:1</ref><br />
#If someone doesn't have wine they should use chamar mdina, an expensive drink of that country.<Ref>Rama 483:1, Mishna Brurah 483:1</ref> See [[Havdalah#If_there_is_no_wine_or_grape_juice]]<br />
===Diluting Wine===<br />
# Rav Heinemann holds that one may dilute wine with grape juice or water down to the point where the wine will be 4% alcohol.<ref>http://www.star-k.org/kashrus/kk-ThePesachSeder.htm</ref><br />
<br />
==Making Birchat HaGafen==<br />
# The Ashkenazi minhag is to make HaGafen on each cup of wine and a [[Bracha Achrona]] only on the last one. <Ref>Rama 474:1 </ref> <br />
# The Sephardi minhag is to make HaGefen on the first and third cup of wine and a [[Bracha Achrona]] only on the last one. <Ref>S”A 474:1 </ref><br />
# There’s no [[Bracha Achrona]] on the first cup even if one knows that one will take longer than Shiur Ikul in explaining the Haggadah. <Ref>Halichot Shlomo 9:24 </ref><br />
<br />
==Drinking at other times in the Seder==<br />
# One may drink wine in between the first, second, and third cups of wine but not between the third and fourth cups. <ref> The Mishna (Pesachim 117b) states that it is permitted to drink wine between the 4 cups of wine, except between the third and fourth cups. The Rashbam (108a s.v. Bein Shelishi) explains that one may drink wine between the first, second, and third cups because it serves as an appetizer for the [[Matzah]]. However, after [[Birkat HaMazon]], when there’s no more need to eat [[Matzah]], drinking an extra cup appears as though one is adding on to the established 4 cups of wine. See Reshimot [[Shiurim]] ([[Sukkah]] p. 139) for an explanation of why it only appears as adding but does not violate Bal Tosif.<br />
* The Yerushalmi (Pesachim 10:6), however, explains that one should not drink between the third and fourth cups so as not to get drunk, which would prevent a person from saying [[Hallel]]. Drinking between the earlier cups is not an issue because during a meal, wine is not as intoxicating.<br />
* Rambam (Chametz U'[[Matza]] 7:10), Tur, and S”A 473:3 and 479:1 codify the Mishna. Mishna Brurah 479:5 writes that based on the Yerushalmi, one also may not drink any intoxicating drink, and as a stringency according to the Rashbam, one may not drink Chamar Medina (which is valid for the 4 cups). </ref> <br />
# Even though one is permitted to drink between the first and second cup, one should be strict not to drink too much wine so as not to get drunk (and not be able to say the whole Haggadah). <ref> Shulchan Aruch 473:3 writes that even though it’s permitted to drink but one should be careful not to drink too much wine so as not to become intoxicated and become unable to finish the Haggaddah. Darkei Moshe and Mishna Brurah 473:14 write that such is our minhag. The Baal Hameor (Pesachim 24a) contends that drinking between the first and second cup is permitted, while the Ramban (ad. loc) and Ran argue that once the second cup is poured it is forbidden to drink another cup.</ref><br />
# According to Ashkenazim, in order to be permitted to drink between the first and second cup one must have had in mind to drink anything that comes later or that the wine was in front of them when he made the bracha (as long one didn’t have in mind not to cover that drink) because in this case no new bracha is needed on the wine between the first and second cup. <ref> Mishna Brurah 473:13 writes that according to Ashkenazim that make a bracha on each cup of wine and making a bracha on wine unnecessarily is forbidden because it looks like one is adding to the established number of cups of the night. Therefore, if the wine was on the table as one made the bracha or one had intention to cover anything that comes later, it’s permitted to drink the cups. </ref><br />
# It’s totally permissible to drink beverages other than wine or intoxicating beverages between the first and second cup. <ref> Mishna Brurah 473:16 </ref><br />
# It’s permissible to drink between the second and third cup. <ref> Mishna Brurah 473:12 </ref><br />
# After drinking the four cups, it is prohibited to drink any other beverages, besides water.<ref>Kitzur Shulchan Aruch 119:9</ref><br />
<br />
==If Four Cups are Drunk all at once==<br />
# If all four cups are drunk at once and not dispersed throughout [[the Seder]] in their proper place one doesn't fulfill his obligation. <ref> Shulchan Aruch 472:8 </ref><br />
<br />
==Amount to Drink==<br />
# See the [[Required Amount of Matzah and Wine for the Seder]] page.<br />
# If someone spilled the cup before the bracha he should refill it so that it is full for the bracha. If he spilled after the bracha according to Ashkenazim he doesn't need to recite a new bracha since he can refill it with wine on the table that was in front of him and was in his mind.<ref>Kovetz Teshuvot Vpesakim Chodesh Nissan p. 72</ref> Some say that if the cup spilled one didn't fulfill the mitzvah and one needs to redo it. For example, if the cup spilled after the entire maggid he should refill it and repeat the maggid.<ref>Nefesh Harav p. 186 quoting Rav Moshe Soloveitchik as holding that the four cups were established as a way of having the haggadah recited over a cup of wine and if the wine spilled one doesn't fulfill that obligation.</ref><br />
# Everyone at the seder should pick up the cup of Birkat Hamazon during birkat hamazon.<ref>Chazon Ovadia v. 2 p. 182, Nitai Gavriel 99:9. Chazon Ovadia explains that since it is a mitzvah for everyone to drink it is considered birkat hamazon over a cup of wine for everyone.</ref> Some say that it is sufficient if the one making the zimmun picks up his cup.<ref>Chazon Ovadia citing Shiurei Tahara 80:16</ref><br />
<br />
==Obligation to Lean==<br />
# One must lean while drinking the four cups of wine. If for any of the cups one did not, according to Sephardim, one should drink the cup again. <ref> Shulchan Aruch 472:7, Yalkut Yosef 472:13 </ref> According to Ashkenazim, only for the second cup should one drink the cup again. <ref> Rama 472:7 writes that if one forgets to lean, he must only repeat for the first two cups. Mishna Brurah (472:21) notes that in general one should not repeat the first cup because doing so will require one to make another berakhah. Preferably, one should have in mind that one may drink in between the first and second cup and then if one drinks the first cup without leaning, one would be able to drink it again without a berakhah. </ref> <br />
<br />
==Other Laws==<br />
# The practice is that one doesn't not pour his own cup. In order to demonstrate freedom, we have someone else pour each cup for us.<Ref>[https://itorah.com/pdf/pesah-seder-guide/5 Rabbi Eli Mansour ] pg. 4</ref><br />
<br />
==Related Pages==<br />
# [[Kaddesh]]<br />
# [[Required Amount of Matzah and Wine for the Seder]]<br />
==Sources==<br />
<references/><br />
[[Category:Holidays]]<br />
[[Category:Pesach]]<br />
[[Category:Seder]]</div>YitzchakSultanhttps://halachipedia.com/index.php?title=The_Four_Cups_of_Wine&diff=25534The Four Cups of Wine2020-04-08T18:42:45Z<p>YitzchakSultan: /* What Type of Wine */</p>
<hr />
<div>There is a Rabbinic mitzvah to drink four cups of wine at [[the Seder]]. <ref> Chazon Ovadia ([[pesach]] page 1). However, Rav Shlomo Kluger in Sh"t Kinat Sofrim 95 holds that the obligation of the four cups of wine is from the Torah. </ref><br />
<br />
==What Type of Wine==<br />
# It's preferable to use red wine. <ref> Shulchan Aruch 472:11. Mishna Brurah (472:38) explains that the idea of having red wine either reflects the verse “Do not look at wine when it is red” (Mishlei 23:31) or serves as a symbol to remember Pharaoh slaughtering the babies of Bnei Yisrael and bathing in their blood. </ref> If there's white wine that's better than the red wine, Ashenazim say that one should have the white wine, while Sephardic practice is to have red wine anyway. <Ref> Rama 472:11 writes that if the white wine is better one can have that instead of the red wine. Kitzur Shulchan Aruch 118:1 concurs. Kitzur Shulchan Aruch 118:1 adds that in countries where there is a fear of a blood libel, the minhag is not to use red wine. However, Chazon Ovadyah ([[Pesach]] vol 2 pg 11) writes that the Sephardic custom is to use red wine anyway. Rav Mordechai Eliyahu (cited by Mikrei Kodesh (4:15, n. 52) says that the "tirosh" grape juice in [[Israel]] that has a yellowish color is considered red wine in this regard.</ref> There is a dispute if it is permissible to mix red wine into white wine to color it. <ref> Mishna Brurah (320:56) cites a dispute whether it is permissible to mix red wine into white wine to color it or one should avoid this. </ref> <br />
# If one hates wine or if it gives him a headache (but not if it's going to make him sick in bed), nonetheless, he should try to have the wine to fulfill the mitzvah of [[the four cups of wine]]. <ref> Shulchan Aruch 472:10 says that even if one hates wine or it is harmful to his health one should push himself to have the wine to fulfill the mitzvah. Mishna Brurah 472:35 explains that one only has to have it if it gives one a headache but not if makes one sick in bed. Is the case where it is difficult for him to have wine an obligation to have it anyway or is it just the proper practice? Chazon Ovadia v.1 p. 53 discusses this and entertains the possibility that it is just a middah chasidut. However, the Orchot Chaim (Hilchot Leil Seder n. 5) holds that it is an obligation. Aruch Hashulchan 472:14 holds like the Orchot Chaim. </ref><br />
# If there are no options and having wine or grape juice would make a person sick in bed he is exempt from drinking the four cups.<ref>Chazon Ovadia 1:4, Mishna Brurah 472:35, Aruch Hashulchan 472:14</ref><br />
# Many authorities say that one may not use grape juice for [[the Seder]], however, if one hates wine or will become ill, then there's is what to rely on to have grape juice. <ref> Mikrei Kodesh 2:35 (pg 130), Sh"t Chazon Ovadyah (in the note on pg 99-100), Halachos of [[Pesach]] (chapter 20, Sec B 5, pg 222) quoting Rav Moshe Feinstein rule that one doesn't fulfill חירות- having wine as a free man by having grape juice. However, Halachos of [[Pesach]] concludes that if one is unable to have wine one should have grape juice. Teshuvot Vihanhagot 2:243 writes that the Chazon Ish, Brisker Rav, and other Gedolim used grape juice at the end of their lives when they were unable to drink wine. Rav Shlomo Zalman Auerbach and the Chazon Ish held that one could use grape juice (Haggadah of Rav Shlomo Zalman Auerbach).</ref> Others, however, permit having grape juice and adds that lechatchila women and children can use grape juice. <ref> Sh"t Mishneh Halachot 10:87, Nefesh HaRav (p. 185) in name of Rav Soloveitchik </ref><br />
# If a person has no wine or grape juice can go to the store and buy grapes and press them and make kiddush on them.<Ref>Gemara Bava Batra 97b, Shulchan Aruch O.C. 272:2</ref><br />
#If someone has no wine they should recite kiddush upon the matzah, by reciting kiddush, al achilat matzah, then eat. Then he should eat karpas, start with maggid, continue with maror, and then korech.<ref>Shulchan Aruch O.C. 483:1</ref><br />
===Diluting Wine===<br />
# Rav Heinemann holds that one may dilute wine with grape juice or water down to the point where the wine will be 4% alcohol.<ref>http://www.star-k.org/kashrus/kk-ThePesachSeder.htm</ref><br />
<br />
==Making Birchat HaGafen==<br />
# The Ashkenazi minhag is to make HaGafen on each cup of wine and a [[Bracha Achrona]] only on the last one. <Ref>Rama 474:1 </ref> <br />
# The Sephardi minhag is to make HaGefen on the first and third cup of wine and a [[Bracha Achrona]] only on the last one. <Ref>S”A 474:1 </ref><br />
# There’s no [[Bracha Achrona]] on the first cup even if one knows that one will take longer than Shiur Ikul in explaining the Haggadah. <Ref>Halichot Shlomo 9:24 </ref><br />
<br />
==Drinking at other times in the Seder==<br />
# One may drink wine in between the first, second, and third cups of wine but not between the third and fourth cups. <ref> The Mishna (Pesachim 117b) states that it is permitted to drink wine between the 4 cups of wine, except between the third and fourth cups. The Rashbam (108a s.v. Bein Shelishi) explains that one may drink wine between the first, second, and third cups because it serves as an appetizer for the [[Matzah]]. However, after [[Birkat HaMazon]], when there’s no more need to eat [[Matzah]], drinking an extra cup appears as though one is adding on to the established 4 cups of wine. See Reshimot [[Shiurim]] ([[Sukkah]] p. 139) for an explanation of why it only appears as adding but does not violate Bal Tosif.<br />
* The Yerushalmi (Pesachim 10:6), however, explains that one should not drink between the third and fourth cups so as not to get drunk, which would prevent a person from saying [[Hallel]]. Drinking between the earlier cups is not an issue because during a meal, wine is not as intoxicating.<br />
* Rambam (Chametz U'[[Matza]] 7:10), Tur, and S”A 473:3 and 479:1 codify the Mishna. Mishna Brurah 479:5 writes that based on the Yerushalmi, one also may not drink any intoxicating drink, and as a stringency according to the Rashbam, one may not drink Chamar Medina (which is valid for the 4 cups). </ref> <br />
# Even though one is permitted to drink between the first and second cup, one should be strict not to drink too much wine so as not to get drunk (and not be able to say the whole Haggadah). <ref> Shulchan Aruch 473:3 writes that even though it’s permitted to drink but one should be careful not to drink too much wine so as not to become intoxicated and become unable to finish the Haggaddah. Darkei Moshe and Mishna Brurah 473:14 write that such is our minhag. The Baal Hameor (Pesachim 24a) contends that drinking between the first and second cup is permitted, while the Ramban (ad. loc) and Ran argue that once the second cup is poured it is forbidden to drink another cup.</ref><br />
# According to Ashkenazim, in order to be permitted to drink between the first and second cup one must have had in mind to drink anything that comes later or that the wine was in front of them when he made the bracha (as long one didn’t have in mind not to cover that drink) because in this case no new bracha is needed on the wine between the first and second cup. <ref> Mishna Brurah 473:13 writes that according to Ashkenazim that make a bracha on each cup of wine and making a bracha on wine unnecessarily is forbidden because it looks like one is adding to the established number of cups of the night. Therefore, if the wine was on the table as one made the bracha or one had intention to cover anything that comes later, it’s permitted to drink the cups. </ref><br />
# It’s totally permissible to drink beverages other than wine or intoxicating beverages between the first and second cup. <ref> Mishna Brurah 473:16 </ref><br />
# It’s permissible to drink between the second and third cup. <ref> Mishna Brurah 473:12 </ref><br />
# After drinking the four cups, it is prohibited to drink any other beverages, besides water.<ref>Kitzur Shulchan Aruch 119:9</ref><br />
<br />
==If Four Cups are Drunk all at once==<br />
# If all four cups are drunk at once and not dispersed throughout [[the Seder]] in their proper place one doesn't fulfill his obligation. <ref> Shulchan Aruch 472:8 </ref><br />
<br />
==Amount to Drink==<br />
# See the [[Required Amount of Matzah and Wine for the Seder]] page.<br />
# If someone spilled the cup before the bracha he should refill it so that it is full for the bracha. If he spilled after the bracha according to Ashkenazim he doesn't need to recite a new bracha since he can refill it with wine on the table that was in front of him and was in his mind.<ref>Kovetz Teshuvot Vpesakim Chodesh Nissan p. 72</ref> Some say that if the cup spilled one didn't fulfill the mitzvah and one needs to redo it. For example, if the cup spilled after the entire maggid he should refill it and repeat the maggid.<ref>Nefesh Harav p. 186 quoting Rav Moshe Soloveitchik as holding that the four cups were established as a way of having the haggadah recited over a cup of wine and if the wine spilled one doesn't fulfill that obligation.</ref><br />
# Everyone at the seder should pick up the cup of Birkat Hamazon during birkat hamazon.<ref>Chazon Ovadia v. 2 p. 182, Nitai Gavriel 99:9. Chazon Ovadia explains that since it is a mitzvah for everyone to drink it is considered birkat hamazon over a cup of wine for everyone.</ref> Some say that it is sufficient if the one making the zimmun picks up his cup.<ref>Chazon Ovadia citing Shiurei Tahara 80:16</ref><br />
<br />
==Obligation to Lean==<br />
# One must lean while drinking the four cups of wine. If for any of the cups one did not, according to Sephardim, one should drink the cup again. <ref> Shulchan Aruch 472:7, Yalkut Yosef 472:13 </ref> According to Ashkenazim, only for the second cup should one drink the cup again. <ref> Rama 472:7 writes that if one forgets to lean, he must only repeat for the first two cups. Mishna Brurah (472:21) notes that in general one should not repeat the first cup because doing so will require one to make another berakhah. Preferably, one should have in mind that one may drink in between the first and second cup and then if one drinks the first cup without leaning, one would be able to drink it again without a berakhah. </ref> <br />
<br />
==Other Laws==<br />
# The practice is that one doesn't not pour his own cup. In order to demonstrate freedom, we have someone else pour each cup for us.<Ref>[https://itorah.com/pdf/pesah-seder-guide/5 Rabbi Eli Mansour ] pg. 4</ref><br />
<br />
==Related Pages==<br />
# [[Kaddesh]]<br />
# [[Required Amount of Matzah and Wine for the Seder]]<br />
==Sources==<br />
<references/><br />
[[Category:Holidays]]<br />
[[Category:Pesach]]<br />
[[Category:Seder]]</div>YitzchakSultanhttps://halachipedia.com/index.php?title=Erev_Pesach&diff=25533Erev Pesach2020-04-08T18:37:24Z<p>YitzchakSultan: /* After Midday */</p>
<hr />
<div>==Davening==<br />
# The Ashkenazi minhag is not to say Mizmor LeTodah on Erev [[Pesach]].<Ref>Rama 429:2, Nitei Gavriel ([[Pesach]] v. 2, p. 222) </ref> However, the Sephardic minhag is to say it even on Erev [[Pesach]].<Ref>Yalkut Yosef 468:14</ref><br />
# There is no [[Tachanun]] on Erev [[Pesach]] just like the rest of the [[month of Nissan]]. <reF>Shulchan Aruch 429:1, Nitei Gavriel ([[Pesach]] v. 2, p. 222) </ref><br />
==Latest time to eat Chametz==<br />
# From the beginning of the fifth hour (halachic hours) Chametz is forbidden to eat.<Ref>S”A 443:1 </ref><br />
<br />
==Latest time to remove one's Chametz==<br />
# From the beginning of the sixth hour, one may not derive benefit from Chametz. <Ref>S”A 443:1 </ref><br />
==Eating [[Matzah]] before Pesach==<br />
# One shouldn’t eat [[Matzah]] on Erev [[Pesach]] <ref> Rama 471:2 </ref> including the nighttime. <Ref>Magen Avraham 471:6. The Chok Yaakov 471:7 quotes the Shiyarei Knesset Hagedola that some have the custom to refrain from eating [[matza]] from [[rosh chodesh]] nissan. </ref><br />
# One should be strict not to have baked goods which include [[matzah]] meal such as [[Pesach]] cakes. <Ref>Sh”t Shevet HaLevi 8:117, Piskei Teshuvot 471:3. See Halichot Shlomo 8:4 who writes that it’s permissible if in the [[kneading]] the dough lost its form as bread. </ref> It is permissible to eat matzah in a cooked dish such as a matzah ball on Erev Pesach, however, the minhag is to refrain. <ref>Nitai Gavriel (Pesach v. 2, 44:10) </ref><br />
# Some have the minhag not to eat [[Matzah]] from 30 days before [[Pesach]] <ref>Mishna Brurah 471:12, Sh”t Igrot Moshe 1:155 </ref>, some have the minhag not to eat [[Matzah]] from the beginning of the month <ref>Sh”t Igrot Moshe 1:155 says that such is the minhag of individuals </ref>and some have the minhag to eat it until Erev [[Pesach]]. <Ref>Orchot Chaim Safinka 471:5 </ref><br />
# One shouldn’t eat [[Matzah]] before [[Pesach]] which was made without intent for the mitzvah of eating [[Matzah]]. <Ref>Halichot Shlomo 8:3, [http://www.dailyhalacha.com/Display.asp?ClipID=2115 Rabbi Mansour on dailyhalacha.com]</ref><br />
# Sephardim allow eating egg matzah on Erev Pesach, while some Ashkenazim forbid.<Ref>Nitai Gavriel (Pesach v. 2, 44:7). See Rama 462:4</ref><br />
<br />
==Forbidden Work on Erev Pesach==<br />
===After Midday===<br />
#It is forbidden to do melacha gemura (more intense forms of work) or to work for profit<ref>Shulchan Aruch 468:2. Mishna Brurah 468:6-7 explains that it is even prohibited to perform melacha that is not considered gemurah for the sake of profit. Additionally, it is prohibited to perform melacha gemurah even if it is for the purposes of the upcoming Yom Tov. </ref> on erev [[pesach]] after mid-day ([[Chatzot]]). <ref>Mishna Pesachim 50a, Shulchan Aruch 468:1. <br /><br />
* The nature of this prohibition is subject to a debate amongst the rishonim. Rashi (Pesachim 50a s.v. shelo la’asos) and the Meiri (Pesachim 50a) believe that this issur melacha will ensure that people prepare properly for the Pesach seder and dispense of chametz appropriately. It is clear that this prohibition is rabbinic in origin according to these rishonim. <br />
* Others however, such as Tosafos (50a s.v. makom), cite the reasoning of the Yerushalmi (Pesachim 4:1). This is the opinion cited in M"B and Biur Halacha 468:1. The Yerushalmi explains that it is improper for one to perform work while his korbon is being brought. Hence, the obligation of korbon Pesach which begins at midday facilitates an issur melacha. While Tosafos claim that this would be a deoraysa prohibition, others such as the Ramban (Pesachim 16b in the dapei HaRif) claim that this is still a rabbinic prohibition.<br />
* Many commentators wonder what the nature of this prohibition is today, considering the fact that we lack the opportunity to bring the korbon Pesach. The Ba’al Ha’maor (Pesachim 16b in the dapei HaRif) contends that the prohibition is solely based on minhag and the mitzvah of “sha’al avicha veyageidcha” (Devarim 32:7). Others, such as the Ramban (ibid), contend that the prohibition still applies because it was established by the rabanan and was not uprooted with the loss of the Beis Hamikdash.<br />
* A close analysis of the Rambam indicates a different understanding of this prohibition. Initially, one may be confused as to whether the Rambam thinks this prohibition is due to the korban Pesach or more general Yom Tov concerns. On one hand, the Rambam places this prohibition in Hilchos Yom Tov (8:17-18) and not in Hilchos Korbon Pesach. He places the issur alongside the issur to perform melacha (from zman mincha and on) by other Yomim Tovim. Additionally, the Rambam compares this issur to that of Chol HaMoed and refers to both prohibitions as midivrei sofrim. On the other hand, however, the Rambam explains that the prohibition on erev pesach is more pronounced because of the shechitas hapesach and chagiga. This seems to be highlighting the prohibition’s connection to the korbon Pesach. To answer this question, we may be able to suggest that the Rambam thinks that the hakrava of the korbon Pesach generates a quasi-yom tov with its own unique issur melacha. The practical impossibility of bringing the korbon Pesach does not cause the “Yom Tov” of korbon Pesach to cease to exist. (See the Shulchan Aruch HaRav (Orach Chayim 468:1) for a variation of this approach. The Ba’al HaTanya claims that the general prohibition to perform melacha on the day that one brings a korbon is rabbinic in nature. The issur melacha on erev pesach is an extension of this general principle. Hence, erev Pesach is a rabbinic yom tov that was placed on all of am Yisroel.)<br />
* Pnei Yehoshua there explains that it is because the rabbis gave erev [[pesach]] the status of [[chol hamoed]]. <br />
* Beiur Halacha "mechatzot u'limala" says that according to Tosafot's reason if [[Pesach]] falls out on erev [[shabbat]], melacha is not prohibited until [[mincha]]. But he adds that for Rashi the prohibition would still apply even when [[Pesach]] falls out on erev [[shabbat]] it would still be forbidden after mid-day, but concludes that most poskim hold like tosafot so one doesn't need to be machmir.</ref> <br />
# It is permitted to ask a non-Jew to do work for you after midday.<ref>Shulchan Aruch 468:1 quotes two opinions as to whether this is permitted. The Rama writes that the minhag is to be lenient. Yalkut Yosef 468:1 is also lenient.</ref><br />
#It is also forbidden to get a haircut or a shave unless by a non-Jew <ref> Mishna Brurah 468:5. There is a discussion in the poskim as to whether it is prohibited for a Jew to give himself a haircut. The implication of the Rama in Yoreh Deah 399:3 is that it is permitted for one to give himself a haircut. However, later poskim dispute the issue. For example, see Shulchan Aruch HaRav 468:4 who rules that this is prohibited. Yalkut Yosef 468:7 permits a Jew to cut his own hair after chatzot if he forgot to cut it in the morning or beforehand.</ref>, to sew new clothing <ref> Rama 468:2 </ref>, and to do laundry except by a non-jew after mid-day. <ref> Mishna Brurah 468:7. Piskei Teshuvot 468:6 says that even for a Jew to use a washing machine is forbidden but says it is permitted to turn on the machine before mid-day even if it will do the washing afterwards. </ref> Preferably one should cut his nails <ref> Mishna Brurah 468:5. Orchot Rabbeinu vol. 2 page 56 says this can be done without restrictions. Sha’ar HaTzion 468:7 writes that it is permitted to cut one’s nails after chatzos if he forgot to do so beforehand.</ref> and polish his shoes before mid-day. <ref> Yabia Omer 1:32, Shearim HaMitzuyanim BiHalacha 133:6, Shemirat [[Shabbat]] Kihilchita 42 note 173, Piskei Teshuvos 468:4. Piskei Teshuvot 468:18 says polishing shoes is not allowed after [[chatzot]], as does the Kitzur HaShl"a quoted in Teshuvot Vihanhagot 1:301. </ref> All of the leniencies that apply to [[chol hamoed]] in these cases apply to erev [[pesach]] also. <ref> Mishna Brurah 468:7. Rambam Hilchot [[Yom Tov]] 8:18 says that on erev [[pesach]] after [[chatzot]] it is asur to do melacha midirabanan like [[chol hamoed]] and it is more lenient than [[chol hamoed]]. </ref> <br />
#It is permissible to iron clothes,<ref> Orchot Rabbeinu vol. 2 page 56, Yalkut Yosef 468:10. Yalkut Yosef 468:13 writes that one may start a washing machine before midday although it will certainly continue to run after midday Shemirat [[Shabbat]] Kihilchita 42 note 139 says ironing is also allowed on [[chol hamoed]]. </ref> sew buttons, or perform minor mending even in a skilled manner. <ref> Rama 468:2. Mishna Brurah 468:8 writes that you can also do these things for others without pay. </ref><br />
# Although a person should take a hair cut and shave before [[chatzot]] if a person forgot there is what to rely upon to do so after chatzot unless he can find a non-Jew to do it in which case it is better to pay the non-Jew to do it.<ref>Nitai Gavriel Pesach v. 2 p. 251, 46:5 based on Chazon Ovadia p. 89 and Shaarim Hametzuyim Bhalacha 113. Yalkut Yosef 468:7 permits shaving yourself if you forgot to do it after chatzot. He doesn't require getting a non-Jew.</ref><br />
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===Before Midday===<br />
#If the custom in the community is not to work before [[chatzot]], then one should follow that custom. If the custom is to work, then one is permitted to work. <ref> Shulchan Aruch 468:3, Mishna Brurah 468:12. </ref> Nowadays, the minhag is to work before [[chatzot]]. <ref> Chayei Adam 129:4, Aruch Hashulchan 468:5. Rav Shlomo Zalman Auerbach (Halichot Shlomo, Pesach, 8:5) also paskens that in Yerushalayim the issur melacha only begins from midday </ref><br />
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===Traveling from One Place to Another===<br />
# If one travels to another community in which the minhag is different, he should always keep the more stringent standard. If he is visiting a place whose standards are more lenient, he should not be seen doing nothing. <ref>S.A. 468:4 </ref><br />
<br />
==Links==<br />
* [http://www.hebrewbooks.org/54541 Yalkut Yosef Hilchot Pesach vol. 1 (Hebrew, 5775)]<br />
* [http://www.yutorah.org/lectures/lecture.cfm/718068/Rabbi_Baruch_Simon/Malacha_on_Erev_Pesach Malacha on Erev Pesach] by Rabbi Baruch Simon<br />
* [http://www.yutorah.org/lectures/lecture.cfm/812222/Rabbi_Ezra_Schwartz/Some_Halachot_of_Erev_Pesach Some Halachot of Erev Pesach] by Rabbi Ezra Schwartz<br />
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==Sources==<br />
<references/><br />
[[Category:Pesach]]<br />
[[Category:Holidays]]</div>YitzchakSultanhttps://halachipedia.com/index.php?title=Kitniyot&diff=25532Kitniyot2020-04-08T18:29:45Z<p>YitzchakSultan: /* Definition */</p>
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<div>[[File:Rice.jpg|thumb|right|"FreeDigitalPhotos.net" ]]<br />
Kitniyot are a category of foods which Ashkenazi Jews refrain from eating during [[Pesach]].<ref><br />
* Background: The Gemara Pesachim (35a) writes that Chametz includes foods made with the five grains. See the [[Wheat and Grain Products]] page about the precise definition of the five grains. The says that orez and dochen (Tosfot [[Brachot]] 37a translates rice and millet) are not chametz since when used to produce bread doesn't ferment. The Rambam (Chametz UMatzah 5:1) rules that there's no issue of chametz with grains other than the five grains, such as rice, millet, or beans. Furthermore, says the Rambam, even if one were to mix those grains with hot water and make dough that rises, it is permitted since that's considered rotting and not positive fermentation. <br />
* The Tur 453:1 writes that the minhag of his location was not to eat kitniyot on [[Pesach]]. The Rabbenu Yerucham (cited by the Beit Yosef 453:1), Rabbenu Yechiel (cited by Beit Yosef 453:1), and Shulchan Aruch 453:1 agree.<br />
* The Smak (cited by the Beit Yosef 453:1) explains that the minhag not to eat kitniyot on [[Pesach]] is concerned that perhaps a person will be confused between a bread or cooked dish made from kitniyot and one made from the five grains. Additionally, kitniyot flour sometimes has flour of the five grains mixed in. The Darkei Moshe 453:1, codified in the Rama 453:1, writes that the Ashkenazic minhag is to not to eat kitniyot on [[Pesach]] and one shouldn't deviate from the minhag.</ref><br />
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== Definition ==<br />
# The Ashkenazic minhag is to avoid eating Kitniyot on [[Pesach]], however, even Ashkenazim hold that one does not have to burn or sell one's Kitniyot. <ref>The Shulchan Aruch 453:1 writes that it is permitted to eat a cooked dish made out of Kitniyot. The Rama 453:1 writes that the minhag Ashkenaz was to forbid and one shouldn't change this minhag. This is quoted by ashkenazic poskim including Darchei Moshe 453:2, Levush 453:1, Chayei Adam 127:1, Aruch Hashulchan 453:4, Elya Rabba 453:3, Prisha 453:3, Kitzur S:A, Daat Torah page 119. see also Yechave Daat 1:9 and 5:32 as well as Kaf Hachaim 453:11. Aruch Hashulchan 453:4 says that being lenient in this minhag is testimony that one does not fear Hashem or fear sin, and does not understand the ways of torah. <br />
* This minhag is found in several rishonim with several different reasons. <br />
* Firstly, there are some rishonim who thought that there was insufficient reason to follow this minhag of not eating kitniyot. Rabbenu Yerucham 5:3 and Tur 453:1 think that this minhag is overly stringent and difficult to understand.<br />
* Hagahot Maimoniyot (cited by Beit Yosef 453:1) writes that there's a minhag not to eat kitniyot such as beans and lentils because it is possible to make cooked dishes from them just like grains. Also, grains are sometimes mixed up with kitniyot. He adds that mustard is also included in the minhag since it is similar to a grain. Mordechai Masechet Pesachim 2:588 cites this as well in name of the Smak. The Agur (no. 845) records a minhag not to eat kitniyot, rice, and millet since grain was sometimes mixed in.</ref> One is permitted to keep Kitniyot in one's home on [[Pesach]].<ref> Rama 453:1 </ref><br />
# Although some sephardic poskim say that it is preferable not to eat kitniyot, the custom among Sephardim is to eat kitniyot on [[Pesach]]. <ref> Rav Pealim 3:30, Yechave Daat 1:9 and 5:32. </ref><br />
# Sephardim should check the rice or any kitniyot to make sure that there's no chametz mixed before they cook them.<ref>Yalkut Yosef Kitzur S"A 453:1</ref><br />
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==Which foods are Kitniyot?==<br />
# The earlier Poskim mention that rice, buckwheat/kasha, millet, beans, lentils, peas, sesame seeds and mustard are included in the minhag <ref> Beis Yosef O.C. 453, Rema 453:1 & 464:1 and Mishna Brurah 453:4, 7 & 11 </ref><br />
# Among traditional Ashkenazi Jews, the custom during [[Passover]] is to refrain from not only products of the five grains but also kitniyot, such as other grains and legumes. Traditions of what is considered kitniyot vary from community to community but generally include maize (North American corn) <ref> Mishna Brurah 453:4 </ref>, as well as rice, peas, lentils, and beans. Many also include peanuts in this prohibition, and one source, the Chayei Adam, also includes potatoes in his list, although his opinion is not followed by any large or major groups. <br />
# Some common foods that are Kitniyot include: Beans, Black eye peas, Buckwheat, Canola oil, Chickpeas, Coriander<ref>see, however, https://oukosher.org/passover/guidelines/food-items/kitniyot-list/</ref>, Corn, Fenugreek, Kasha, Lentils, Mustard, rapeseed oil<ref>Avnei Nezer OC 533 </ref>,Peanuts <ref>Iggeros Moshe (O.C. 3:63) assumes that peanuts are not kitnios but notes that some have a custom to be machmir. [http://www.kashrut.com/Passover/kitniot_list/ Kashrut.com] includes it as kitniyot. </ref>, Rice, Sesame seeds, String Beans, Sunflower seeds <ref> [http://www.kashrut.com/Passover/kitniot_list/ Kashrut.com] writes that the above mentioned foods are considered Kitniyot. For a full list of Kitniyot, see [http://www.kashrut.com/Passover/kitniot_list/ Kashrut.com].</ref><br />
# On the other hand, potatoes (see below), coffee, tea, garlic, nuts, radishes and olives and not treated as kitnios <ref> Sha’arei Teshuvah 453:1, Chayei Adam 127:7. Pri Megadim Eshel Avraham 464:1 writes that he doesn't understand why some people don't eat garlic on [[Pesach]] but nevertheless one should be stringent. </ref><br />
===Quinoa===<br />
# Some say that quinoa is kitniyot, however, if there's a medical issue one may be lenient to use it on [[Pesach]]. <ref> Rav Yisrael Belsky on [http://www.ou.org/community_services/video/67558 OU Pre-Pesach Webcast 5769] between minutes 23 and 24 and on [http://www.ou.org/torah/article/oukosher_pre-pesach_webcast_5771 OU Pre-Pesach Webcast 5771] between minutes 101:30 and 103:30. Rav Moshe Feinstein did not advocate abandoning the custom, but he opposed the tendency to expand the list of forbidden kitniyot (see Igrot Moshe, Orah Hayyim 3. 63). [https://yeshiva-university.zoom.us/rec/play/usAsduuh-283HoLAtASDAPZ9W9S0eq2s0igX-_pez0jkW3EFZFr1M7QRa7Qf9B_vOGt5lyO0vcW9I1-0?startTime=1585760529000&_x_zm_rtaid=CQsocm3ZRaq6pGgFL5OMGQ.1585880286593.75ff95374a21dbfc2f0c45524d508e2a&_x_zm_rhtaid=674 Rav Willig (March 31 2020, min 2)] thought that quinoa is kitniyot.</ref><br />
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== Reason for prohibition ==<br />
*From the Torah, only the five grains can become chametz and not legumes or rice. <ref>The Gemara (Pesachim 35a) states that one may only fulfill one's obligation of [[matza]] on [[Pesach]] with [[matza]] made from the five grains. The gemara explains that since the Torah contrasts [[Matza]] and chametz, anything which could ferment and become chametz may be used for [[matza]], which is only the five grains and not rice or millet. See Pesachim 114b for a proof that the Amoraim ate rice on [[Pesach]]. The Rambam (Chametz UMatza 5:1) and Shulchan Aruch 453:1 codify this gemara. See Bet Yosef 453:1 for more background of this issue.</ref><br />
*The Smak (Rabbi Yitzchak of Korbol) explains that products of kitniyot appear like chametz products. For example, it can be hard to distinguish between rice flour (kitniyot) and wheat flour (chametz). Therefore, to prevent confusion, all kitniyot was prohibited.<br />
*The Beit Yosef (Rabbi Yosef Karo, 16th century, Israel) notes that since regular grains may become mixed together with kitniyot (apparently due to changes in crop cycles), one may inadvertently come to eat actual chametz.<br />
*The origins of this practice are not clear, though two common theories are that these items are often made into products resembling chametz (e.g. cornbread), or that these items were normally stored in the same sacks as the five grains and people worried that they might become contaminated with chametz. It was also possible that crop rotations would result in the forbidden chametz grains growing in the same fields, and being mixed in with the kitniyot. Those authorities concerned with these three issues suggested that by avoiding eating kitniyot, people would be better able to avoid chametz. The Vilna Gaon (Hagaos HaGra, 453) indeed actually cites a novel source for this custom. The Gemorrah in Pesachim (40b) notes that Rava objected to the workers of the Raish Gelusa (the Exilarch) [[cooking]] a food called chasisi on [[Pesach]], since it was wont to be confused with chametz. The Tosefos explain that, according to the Aruch, chasisi are lentils, and thus, argues the Gra, establishes the basis for the concern of kitniyot.<br />
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== Halachot of kitniyot ==<br />
# The minhag to not eat kitnios begins on Erev [[Pesach]] at the same time that one may not eat chametz <ref> Shevet HaLevi 3:31 citing Chok Yaakov 471:2, Rav Elyashiv quoted in Siddur [[Pesach]] Kihilchato 16:footnote 42 </ref>. Although one may not eat kitnios, one may own and derive benefit from kitnios. Therefore, on [[Pesach]] one may keep cans of sweet corn in their property or feed millet to their parrot. Additionally, children, people who are ill, and people whose diet is otherwise restricted and must eat kitnios, are excluded from the minhag and may do so after consulting with a Rav. This halacha is quite relevant to baby formulas and nutritional supplements (e.g. Ensure) which invariably contain kitnios, and are usually used by people who have few non-kitnios choices, if any. When such foods are used on [[Pesach]] they should be prepared in special non-[[Pesach]] and non-chametz utensils, which should not be washed with the [[Pesach]] dishes. <ref> http://www.kashrut.com/Passover/Kitniyot/</ref><br />
# Some say that new tablecloths which may have been ironed with clothing starch, which could be made from Kitniyot, should be laundered in hot water in order to remove the starch. <ref>Nitei Gavriel ([[Pesach]] 77:17)</ref><br />
===Children===<br />
# Some are lenient to allow feeding Kitniyot to children below chinuch who need it. Check with one's rabbi before applying this.<ref>[http://www.hebrewbooks.org/pdfpager.aspx?req=1410&st=&pgnum=175 Shem Aryeh EH 95] writes that there's no issue with feeding a child below chinuch something (latfiso byadayim) that is only a chumra and not even a rabbinic prohibition. He is writing about not eating dried fruits on Pesach which was a certain minhag. The [http://www.hebrewbooks.org/pdfpager.aspx?req=14155&st=&pgnum=174 Sdei Chemed Chametz Umatzah 6:6] quotes it regarding Kitniyot. Siach Yitzchak responsa 210 agrees.</ref><br />
# Some allow milk formulas that have kitniyot in them, such as Similac, if it is necessary for their nutriment. One should have separate pots for heating up the milk.<ref>[https://www.torahanytime.com/#/lectures?v=106099 Rav Shmuel Fuerst (min 11)]</ref><br />
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===Pots used for Kitniyot===<br />
# It is permitted even for Ashkenazim to eat Kosher for [[Pesach]] foods that were made in pots that were used for [[cooking]] kitniyot if it wasn't used within 24 hours. Some say that it is permitted even if it was used within 24 hours.<ref>Based on the Mishna Brurah 453:9 who says that kitniyot is nullified with a majority, the Yechave Daat 5:32 writes that vessels in which kitniyot was cooked are permitted for Ashkenazim even within 24 hours. Az Nedberu 8:20:4 and Banim Chavivim ([[Siman 17]], p. 415-9) agree. Erech Hashulchan 453:2 writes that there's no gezerah of eino ben yomo for a minhag and so it is permitted to cook for an Ashkenazi to cook in any kitniyot pot especially if you know it wasn't used within 24 hours. Az Nedberu 8:20:4 writes that an Ashkenazi shouldn't avoid [[lending]] his pots to a Sephardi on [[Pesach]].<br />
[http://www.yutorah.org/lectures/lecture.cfm/788095/Rabbi_Hershel_Schachter/Hilchos_Bishul_Akum# Rabbi Hershel Schachter in a shiur on yutorah.org] (min 37-40) explains that something that is only forbidden because of a minhag, there's no rabbinic prohibition of not using a pot after 24 hours, therefore if one cooked kitniyot in a pot one may use it after 24 hours has passed. He repeated this position [https://www.yutorah.org/sidebar/lecture.cfm/898113/rabbi-hershel-schachter/inyonei-pesach-yom-tov-6-mitoch-electricity-funerals-bathing-chametz-mixtures-kitnios-mechirah-birkas-kohanim/ in another shiur (Inyanei Pesach 5778 Part 6 min 54)] based on the Shach.</ref> Some argue that one shouldn't use the pots that were used for kitniyot for someone who doesn't eat kitniyot.<ref> Dirshu 453:7 quoted Shevet Halevi and others who were strict that you shouldn’t use the same kelim for kitniyot and non-kitniyot. [http://beinenu.com/sites/default/files/alonim/51_27_76.pdf Beynenu] quotes that Rav Elyashiv (Ashrei Ha'ish 59:4) held that b'shaat hadachak Ashkenazim can be lenient to eat the food cooked in an eino ben yomo kitniyot pot, such as if one is a guest at a Sephardi's home and they would be offended if you tried to explain it to them. See Halichot Shlomo 4 fnt. 102 who is strict.</ref><br />
# Ashkenazim who need to cook kitniyot for someone sick should set aside specific pots for that.<ref>[http://beinenu.com/sites/default/files/alonim/51_27_76.pdf Beynenu] quoting Rav Vosner in Mbet Levi 1:44 and Rav Nissim Karelitz in Chut Shani Pesach 12:12</ref><br />
# Some say that it is initially permitted for an Ashkenazic Jew to eat at a Sephardic Jew's home on Pesach and just not eat the Kitniyot even if the other food was made in pots and served on plates used for kitniyot. Others say that unless it is a close relative or in-law and it can be easily avoided one should avoid it.<ref>See Yechave Daat 5:32. [https://www.yutorah.org/sidebar/lecture.cfm/898113/rabbi-hershel-schachter/inyonei-pesach-yom-tov-6-mitoch-electricity-funerals-bathing-chametz-mixtures-kitnios-mechirah-birkas-kohanim/ Rav Hershel Schachter (Inyanei Pesach 5778 Part 6 min 56)] stated that based on the Netsiv that there's ein mevatlin isur lechatchila to buy a product that incorporates bitul it would also be forbidden to choose to eat at someone's house who eats kitniyot. However, if it is a close relative or in-laws it is permitted since it isn't nice not to go, but if it is easily avoided it should be.</ref><br />
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===Nullification of Kitniyot===<br />
# Kitnios is batel b’rov, which means that if someone accidentally put kitnios into their [[Pesach]] food, the food is b’dieved permitted assuming the food contains more non-kitnios than kitnios.<ref> Rema 453:1 as per Mishna Brurah 453:9, Pri Chadash 453:1, Elya Rabbah 453:4, Shulchan Aruch Harav 453:5, Chayei Adam 127:1, Az Nedberu 8:20:4. </ref> This means that although the food may have a pronounced taste of kitnios, the food is permitted (unless there are recognizable pieces of kitnios which haven’t been removed). Therefore, if a beverage is sweetened with aspartame made of kitnios shenishtaneh, even those people who hold that aspartame is forbidden (as explained above) may drink the beverage because the aspartame is batel b’rov in the other ingredients. Similarly, we have seen that there is a disagreement as to whether fenugreek is kitnios. Nonetheless, even those who follow the strict approach may consume maple syrup which is flavored with fenugreek (as it often is) because it is batel b’rov. Thus, although we’ve seen a number of disagreements as to whether certain foods are or aren’t kitnios, those disagreements are limited to one who wants to consume the actual item (or a hashgachah certifying someone else who is intentionally putting the ingredient into a food), but these disagreements rarely affect consumers. <ref> http://www.kashrut.com/Passover/Kitniyot/</ref><br />
# Some poskim are lenient to allow Ashkenazim to eat processed foods with a minority of Kitniyot ingredients which aren't recognizable.<ref>[http://www.hebrewbooks.org/pdfpager.aspx?req=1024&st=&pgnum=55 Rav Yitzchak Elchanan in Bear Yitzchak 11] writes that a mixture of Kitniyot ingredients which was made before Pesach is permitted for Ashkenazim. He explains that this is permitted for both reasons for which Kitnityot were forbidden: 1) Chametz grains sometimes get mixed up in the kitniyot. If you checked them before Pesach there is still a concern since they wouldn't be batel after Pesach starts (chozer vneyor). However, if the mixture is a liquid one then once it is nullified before Pesach it doesn't reawaken. 2) In terms of Kitniyot products being confused with Chametz products, it isn't an issue since a major effort was made to check that the kitniyot didn't have chametz in them. It is similar to the opinion of Rashi Gemara Sukkah 15a regarding the gezerah of roofing a sukkah with beams.</ref><br />
===Sephardim===<br />
# Some poskim say that if a Sephardi wants to eat kitniyot but his custom earlier was not to then he should perform a [[hatarat nedarim]]. <ref> Haggadah of Rav Elyashiv page 12 </ref><br />
===Cooking Kitniyot===<br />
# If the last day of Pesach is Friday and one set up an eruv tavshilin it is permitted for an Ashkenazi to cook kitniyot on that Friday for Shabbat since they will be able to eat it on Shabbat.<ref>Rav Poalim OC 3:30 is strict but he is arguing with the Birkei Yosef and Yabia Omer 10:55 confirms the Birkei Yosef’s opinion.</ref><br />
# Some hold that it is permitted for someone who doesn’t eat kitniyot to cook for someone who does eat kitniyot on Yom Tov, while others argue.<ref>Rav Poalim OC 3:30 writes that it is forbidden for someone who doesn’t eat kitniyot to cook on Yom Tov for someone who does eat kitniyot. The same could be applied to someone who ate meat and won’t be able to eat dairy until the end of the day that they may not cook dairy. His proof is that the Mahariv writes that someone who took a neder not to eat on Yom Tov may not eat or even cook. It is similar to someone who didn’t make an eruv on Yom Tov can’t cook for others. That itself is questionable as the Divrei Malkiel points out. However, does that the Mahariv apply here? The Birkei Yosef thought it didn’t. He explained that only when a person takes a neder that makes it completely forbidden that it isn’t Ochel Nefesh to cook on Yom Tov, however, for someone that one food is forbidden but for others it is permitted that is considered Ochel Nefesh. However, the Rav Poalim argues that the Magen Avraham provides another reason for the Mahariv. He writes that Hoil is only a reason that permits something on a Biblical level and not a rabbinic level. If so, then the same can be applied to a case of one person cooking kitniyot if they themselves can’t eat it. Yabia Omer OC 10:55 argues that this is certainly permitted when discussing cooking on Yom Tov for Shabbat if you have an eruv tavshilin. He explains that the Birkei Yosef is correct and there’s no issue with Hoil once there is eruv tavshilin. <br />
* Kaf Hachaim 453:16 quotes this Rav Poalim and suggests being strict. He says that the same would be true in terms of muktzeh that it is a questionable if it is permitted.</ref><br />
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==Sources== <br />
<references/><br />
[[Category:Pesach]]<br />
[[Category:Holidays]]</div>YitzchakSultanhttps://halachipedia.com/index.php?title=The_Four_Cups_of_Wine&diff=25531The Four Cups of Wine2020-04-08T18:28:18Z<p>YitzchakSultan: /* What Type of Wine */</p>
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<div>There is a Rabbinic mitzvah to drink four cups of wine at [[the Seder]]. <ref> Chazon Ovadia ([[pesach]] page 1). However, Rav Shlomo Kluger in Sh"t Kinat Sofrim 95 holds that the obligation of the four cups of wine is from the Torah. </ref><br />
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==What Type of Wine==<br />
# It's preferable to use red wine. <ref> Shulchan Aruch 472:11. Mishna Brurah (472:38) explains that the idea of having red wine either reflects the verse “Do not look at wine when it is red” (Mishlei 23:31) or serves as a symbol to remember Pharaoh slaughtering the babies of Bnei Yisrael and bathing in their blood. </ref> If there's white wine that's better than the red wine, Ashenazim say that one should have the white wine, while Sephardic practice is to have red wine anyway. <Ref> Rama 472:11 writes that if the white wine is better one can have that instead of the red wine. Kitzur Shulchan Aruch 118:1 concurs. Kitzur Shulchan Aruch 118:1 adds that in countries where there is a fear of a blood libel, the minhag is not to use red wine. However, Chazon Ovadyah ([[Pesach]] vol 2 pg 11) writes that the Sephardic custom is to use red wine anyway. Rav Mordechai Eliyahu (cited by Mikrei Kodesh (4:15, n. 52) says that the "tirosh" grape juice in [[Israel]] that has a yellowish color is considered red wine in this regard.</ref> There is a dispute if it is permissible to mix red wine into white wine to color it. <ref> Mishna Brurah (320:56) cites a dispute whether it is permissible to mix red wine into white wine to color it or one should avoid this. </ref> <br />
# If one hates wine or if it gives him a headache (but not if it's going to make him sick in bed), nonetheless, he should try to have the wine to fulfill the mitzvah of [[the four cups of wine]]. <ref> Shulchan Aruch 472:10 says that even if one hates wine or it is harmful to his health one should push himself to have the wine to fulfill the mitzvah. Mishna Brurah 472:35 explains that one only has to have it if it gives one a headache but not if makes one sick in bed. Is the case where it is difficult for him to have wine an obligation to have it anyway or is it just the proper practice? Chazon Ovadia v.1 p. 53 discusses this and entertains the possibility that it is just a middah chasidut. However, the Orchot Chaim (Hilchot Leil Seder n. 5) holds that it is an obligation. Aruch Hashulchan 472:14 holds like the Orchot Chaim. </ref><br />
# If there are no options and having wine or grape juice would make a person sick in bed he is exempt from drinking the four cups.<ref>Chazon Ovadia 1:4, Mishna Brurah 472:35, Aruch Hashulchan 472:14</ref><br />
# Many authorities say that one may not use grape juice for [[the Seder]], however, if one hates wine or will become ill, then there's is what to rely on to have grape juice. <ref> Mikrei Kodesh 2:35 (pg 130), Sh"t Chazon Ovadyah (in the note on pg 99-100), Halachos of [[Pesach]] (chapter 20, Sec B 5, pg 222) quoting Rav Moshe Feinstein rule that one doesn't fulfill חירות- having wine as a free man by having grape juice. However, Halachos of [[Pesach]] concludes that if one is unable to have wine one should have grape juice. Teshuvot Vihanhagot 2:243 writes that the Chazon Ish, Brisker Rav, and other Gedolim used grape juice at the end of their lives when they were unable to drink wine. Rav Shlomo Zalman Auerbach and the Chazon Ish held that one could use grape juice (Haggadah of Rav Shlomo Zalman Auerbach).</ref> Others, however, permit having grape juice and adds that lechatchila women and children can use grape juice. <ref> Sh"t Mishneh Halachot 10:87, Nefesh HaRav (p. 185) in name of Rav Soloveitchik </ref><br />
# If a person has no wine or grape juice can go to the store and buy grapes and press them and make kiddush on them.<Ref>Gemara Bava Batra 97b, Shulchan Aruch O.C. 272:2</ref><br />
===Diluting Wine===<br />
# Rav Heinemann holds that one may dilute wine with grape juice or water down to the point where the wine will be 4% alcohol.<ref>http://www.star-k.org/kashrus/kk-ThePesachSeder.htm</ref><br />
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==Making Birchat HaGafen==<br />
# The Ashkenazi minhag is to make HaGafen on each cup of wine and a [[Bracha Achrona]] only on the last one. <Ref>Rama 474:1 </ref> <br />
# The Sephardi minhag is to make HaGefen on the first and third cup of wine and a [[Bracha Achrona]] only on the last one. <Ref>S”A 474:1 </ref><br />
# There’s no [[Bracha Achrona]] on the first cup even if one knows that one will take longer than Shiur Ikul in explaining the Haggadah. <Ref>Halichot Shlomo 9:24 </ref><br />
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==Drinking at other times in the Seder==<br />
# One may drink wine in between the first, second, and third cups of wine but not between the third and fourth cups. <ref> The Mishna (Pesachim 117b) states that it is permitted to drink wine between the 4 cups of wine, except between the third and fourth cups. The Rashbam (108a s.v. Bein Shelishi) explains that one may drink wine between the first, second, and third cups because it serves as an appetizer for the [[Matzah]]. However, after [[Birkat HaMazon]], when there’s no more need to eat [[Matzah]], drinking an extra cup appears as though one is adding on to the established 4 cups of wine. See Reshimot [[Shiurim]] ([[Sukkah]] p. 139) for an explanation of why it only appears as adding but does not violate Bal Tosif.<br />
* The Yerushalmi (Pesachim 10:6), however, explains that one should not drink between the third and fourth cups so as not to get drunk, which would prevent a person from saying [[Hallel]]. Drinking between the earlier cups is not an issue because during a meal, wine is not as intoxicating.<br />
* Rambam (Chametz U'[[Matza]] 7:10), Tur, and S”A 473:3 and 479:1 codify the Mishna. Mishna Brurah 479:5 writes that based on the Yerushalmi, one also may not drink any intoxicating drink, and as a stringency according to the Rashbam, one may not drink Chamar Medina (which is valid for the 4 cups). </ref> <br />
# Even though one is permitted to drink between the first and second cup, one should be strict not to drink too much wine so as not to get drunk (and not be able to say the whole Haggadah). <ref> Shulchan Aruch 473:3 writes that even though it’s permitted to drink but one should be careful not to drink too much wine so as not to become intoxicated and become unable to finish the Haggaddah. Darkei Moshe and Mishna Brurah 473:14 write that such is our minhag. The Baal Hameor (Pesachim 24a) contends that drinking between the first and second cup is permitted, while the Ramban (ad. loc) and Ran argue that once the second cup is poured it is forbidden to drink another cup.</ref><br />
# According to Ashkenazim, in order to be permitted to drink between the first and second cup one must have had in mind to drink anything that comes later or that the wine was in front of them when he made the bracha (as long one didn’t have in mind not to cover that drink) because in this case no new bracha is needed on the wine between the first and second cup. <ref> Mishna Brurah 473:13 writes that according to Ashkenazim that make a bracha on each cup of wine and making a bracha on wine unnecessarily is forbidden because it looks like one is adding to the established number of cups of the night. Therefore, if the wine was on the table as one made the bracha or one had intention to cover anything that comes later, it’s permitted to drink the cups. </ref><br />
# It’s totally permissible to drink beverages other than wine or intoxicating beverages between the first and second cup. <ref> Mishna Brurah 473:16 </ref><br />
# It’s permissible to drink between the second and third cup. <ref> Mishna Brurah 473:12 </ref><br />
# After drinking the four cups, it is prohibited to drink any other beverages, besides water.<ref>Kitzur Shulchan Aruch 119:9</ref><br />
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==If Four Cups are Drunk all at once==<br />
# If all four cups are drunk at once and not dispersed throughout [[the Seder]] in their proper place one doesn't fulfill his obligation. <ref> Shulchan Aruch 472:8 </ref><br />
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==Amount to Drink==<br />
# See the [[Required Amount of Matzah and Wine for the Seder]] page.<br />
# If someone spilled the cup before the bracha he should refill it so that it is full for the bracha. If he spilled after the bracha according to Ashkenazim he doesn't need to recite a new bracha since he can refill it with wine on the table that was in front of him and was in his mind.<ref>Kovetz Teshuvot Vpesakim Chodesh Nissan p. 72</ref> Some say that if the cup spilled one didn't fulfill the mitzvah and one needs to redo it. For example, if the cup spilled after the entire maggid he should refill it and repeat the maggid.<ref>Nefesh Harav p. 186 quoting Rav Moshe Soloveitchik as holding that the four cups were established as a way of having the haggadah recited over a cup of wine and if the wine spilled one doesn't fulfill that obligation.</ref><br />
# Everyone at the seder should pick up the cup of Birkat Hamazon during birkat hamazon.<ref>Chazon Ovadia v. 2 p. 182, Nitai Gavriel 99:9. Chazon Ovadia explains that since it is a mitzvah for everyone to drink it is considered birkat hamazon over a cup of wine for everyone.</ref> Some say that it is sufficient if the one making the zimmun picks up his cup.<ref>Chazon Ovadia citing Shiurei Tahara 80:16</ref><br />
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==Obligation to Lean==<br />
# One must lean while drinking the four cups of wine. If for any of the cups one did not, according to Sephardim, one should drink the cup again. <ref> Shulchan Aruch 472:7, Yalkut Yosef 472:13 </ref> According to Ashkenazim, only for the second cup should one drink the cup again. <ref> Rama 472:7 writes that if one forgets to lean, he must only repeat for the first two cups. Mishna Brurah (472:21) notes that in general one should not repeat the first cup because doing so will require one to make another berakhah. Preferably, one should have in mind that one may drink in between the first and second cup and then if one drinks the first cup without leaning, one would be able to drink it again without a berakhah. </ref> <br />
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==Other Laws==<br />
# The practice is that one doesn't not pour his own cup. In order to demonstrate freedom, we have someone else pour each cup for us.<Ref>[https://itorah.com/pdf/pesah-seder-guide/5 Rabbi Eli Mansour ] pg. 4</ref><br />
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==Related Pages==<br />
# [[Kaddesh]]<br />
# [[Required Amount of Matzah and Wine for the Seder]]<br />
==Sources==<br />
<references/><br />
[[Category:Holidays]]<br />
[[Category:Pesach]]<br />
[[Category:Seder]]</div>YitzchakSultanhttps://halachipedia.com/index.php?title=Erev_Pesach&diff=25530Erev Pesach2020-04-08T18:16:20Z<p>YitzchakSultan: /* After Midday */</p>
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<div>==Davening==<br />
# The Ashkenazi minhag is not to say Mizmor LeTodah on Erev [[Pesach]].<Ref>Rama 429:2, Nitei Gavriel ([[Pesach]] v. 2, p. 222) </ref> However, the Sephardic minhag is to say it even on Erev [[Pesach]].<Ref>Yalkut Yosef 468:14</ref><br />
# There is no [[Tachanun]] on Erev [[Pesach]] just like the rest of the [[month of Nissan]]. <reF>Shulchan Aruch 429:1, Nitei Gavriel ([[Pesach]] v. 2, p. 222) </ref><br />
==Latest time to eat Chametz==<br />
# From the beginning of the fifth hour (halachic hours) Chametz is forbidden to eat.<Ref>S”A 443:1 </ref><br />
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==Latest time to remove one's Chametz==<br />
# From the beginning of the sixth hour, one may not derive benefit from Chametz. <Ref>S”A 443:1 </ref><br />
==Eating [[Matzah]] before Pesach==<br />
# One shouldn’t eat [[Matzah]] on Erev [[Pesach]] <ref> Rama 471:2 </ref> including the nighttime. <Ref>Magen Avraham 471:6. The Chok Yaakov 471:7 quotes the Shiyarei Knesset Hagedola that some have the custom to refrain from eating [[matza]] from [[rosh chodesh]] nissan. </ref><br />
# One should be strict not to have baked goods which include [[matzah]] meal such as [[Pesach]] cakes. <Ref>Sh”t Shevet HaLevi 8:117, Piskei Teshuvot 471:3. See Halichot Shlomo 8:4 who writes that it’s permissible if in the [[kneading]] the dough lost its form as bread. </ref> It is permissible to eat matzah in a cooked dish such as a matzah ball on Erev Pesach, however, the minhag is to refrain. <ref>Nitai Gavriel (Pesach v. 2, 44:10) </ref><br />
# Some have the minhag not to eat [[Matzah]] from 30 days before [[Pesach]] <ref>Mishna Brurah 471:12, Sh”t Igrot Moshe 1:155 </ref>, some have the minhag not to eat [[Matzah]] from the beginning of the month <ref>Sh”t Igrot Moshe 1:155 says that such is the minhag of individuals </ref>and some have the minhag to eat it until Erev [[Pesach]]. <Ref>Orchot Chaim Safinka 471:5 </ref><br />
# One shouldn’t eat [[Matzah]] before [[Pesach]] which was made without intent for the mitzvah of eating [[Matzah]]. <Ref>Halichot Shlomo 8:3, [http://www.dailyhalacha.com/Display.asp?ClipID=2115 Rabbi Mansour on dailyhalacha.com]</ref><br />
# Sephardim allow eating egg matzah on Erev Pesach, while some Ashkenazim forbid.<Ref>Nitai Gavriel (Pesach v. 2, 44:7). See Rama 462:4</ref><br />
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==Forbidden Work on Erev Pesach==<br />
===After Midday===<br />
#It is forbidden to do melacha gemura (more intense forms of work) or to work for profit<ref>Shulchan Aruch 468:2. Mishna Brurah 468:6-7 explains that it is even prohibited to perform melacha that is not considered gemurah for the sake of profit. Additionally, it is prohibited to perform melacha gemurah even if it is for the purposes of the upcoming Yom Tov. </ref> on erev [[pesach]] after mid-day ([[Chatzot]]). <ref>Mishna Pesachim 50a, Shulchan Aruch 468:1. <br /><br />
* The nature of this prohibition is subject to a debate amongst the rishonim. Rashi (Pesachim 50a s.v. shelo la’asos) and the Meiri (Pesachim 50a) believe that this issur melacha will ensure that people prepare properly for the Pesach seder and dispense of chametz appropriately. It is clear that this prohibition is rabbinic in origin according to these rishonim. <br />
* Others however, such as Tosafos (50a s.v. makom), cite the reasoning of the Yerushalmi (Pesachim 4:1). This is the opinion cited in M"B and Biur Halacha 468:1. The Yerushalmi explains that it is improper for one to perform work while his korbon is being brought. Hence, the obligation of korbon Pesach which begins at midday facilitates an issur melacha. While Tosafos claim that this would be a deoraysa prohibition, others such as the Ramban (Pesachim 16b in the dapei HaRif) claim that this is still a rabbinic prohibition.<br />
* Many commentators wonder what the nature of this prohibition is today, considering the fact that we lack the opportunity to bring the korbon Pesach. The Ba’al Ha’maor (Pesachim 16b in the dapei HaRif) contends that the prohibition is solely based on minhag and the mitzvah of “sha’al avicha veyageidcha” (Devarim 32:7). Others, such as the Ramban (ibid), contend that the prohibition still applies because it was established by the rabanan and was not uprooted with the loss of the Beis Hamikdash.<br />
* A close analysis of the Rambam indicates a different understanding of this prohibition. Initially, one may be confused as to whether the Rambam thinks this prohibition is due to the korban Pesach or more general Yom Tov concerns. On one hand, the Rambam places this prohibition in Hilchos Yom Tov (8:17-18) and not in Hilchos Korbon Pesach. He places the issur alongside the issur to perform melacha (from zman mincha and on) by other Yomim Tovim. Additionally, the Rambam compares this issur to that of Chol HaMoed and refers to both prohibitions as midivrei sofrim. On the other hand, however, the Rambam explains that the prohibition on erev pesach is more pronounced because of the shechitas hapesach and chagiga. This seems to be highlighting the prohibition’s connection to the korbon Pesach. To answer this question, we may be able to suggest that the Rambam thinks that the hakrava of the korbon Pesach generates a quasi-yom tov with its own unique issur melacha. The practical impossibility of bringing the korbon Pesach does not cause the “Yom Tov” of korbon Pesach to cease to exist. (See the Shulchan Aruch HaRav (Orach Chayim 468:1) for a variation of this approach. The Ba’al HaTanya claims that the general prohibition to perform melacha on the day that one brings a korbon is rabbinic in nature. The issur melacha on erev pesach is an extension of this general principle. Hence, erev Pesach is a rabbinic yom tov that was placed on all of am Yisroel.)<br />
* Pnei Yehoshua there explains that it is because the rabbis gave erev [[pesach]] the status of [[chol hamoed]]. <br />
* Beiur Halacha "mechatzot u'limala" says that according to Tosafot's reason if [[Pesach]] falls out on erev [[shabbat]], melacha is not prohibited until [[mincha]]. But he adds that for Rashi the prohibition would still apply even when [[Pesach]] falls out on erev [[shabbat]] it would still be forbidden after mid-day, but concludes that most poskim hold like tosafot so one doesn't need to be machmir.</ref> <br />
# It is permitted to ask a non-Jew to do work for you after midday.<ref>Shulchan Aruch 468:1 quotes two opinions as to whether this is permitted. The Rama writes that the minhag is to be lenient. Yalkut Yosef 468:1 is also lenient.</ref><br />
#It is also forbidden to get a haircut or a shave unless by a non-Jew <ref> Mishna Brurah 468:5. There is a discussion in the poskim as to whether it is prohibited for a Jew to give himself a haircut. The implication of the Rama in Yoreh Deah 399:3 is that it is permitted for one to give himself a haircut. However, later poskim dispute the issue. For example, see Shulchan Aruch HaRav 468:4 who rules that this is prohibited. Yalkut Yosef 468:7 permits a Jew to cut his own hair after chatzot if he forgot to cut it in the morning or beforehand.</ref>, to sew new clothing <ref> Rama 468:2 </ref>, and to do laundry except by a non-jew after mid-day. <ref> Mishna Brurah 468:7. Piskei Teshuvot 468:6 says that even for a Jew to use a washing machine is forbidden but says it is permitted to turn on the machine before mid-day even if it will do the washing afterwards. </ref> Preferably one should cut his nails <ref> Mishna Brurah 468:5. Orchot Rabbeinu vol. 2 page 56 says this can be done without restrictions. Sha’ar HaTzion 468:7 writes that it is permitted to cut one’s nails after chatzos if he forgot to do so beforehand.</ref> and polish his shoes before mid-day. <ref> Yabia Omer 1:32, Shearim HaMitzuyanim BiHalacha 133:6, Shemirat [[Shabbat]] Kihilchita 42 note 173, Piskei Teshuvos 468:4. Piskei Teshuvot 468:18 says polishing shoes is not allowed after [[chatzot]], as does the Kitzur HaShl"a quoted in Teshuvot Vihanhagot 1:301. </ref> All of the leniencies that apply to [[chol hamoed]] in these cases apply to erev [[pesach]] also. <ref> Mishna Brurah 468:7. Rambam Hilchot [[Yom Tov]] 8:18 says that on erev [[pesach]] after [[chatzot]] it is asur to do melacha midirabanan like [[chol hamoed]] and it is more lenient than [[chol hamoed]]. </ref> <br />
#It is permissible to iron clothes,<ref> Orchot Rabbeinu vol. 2 page 56, Yalkut Yosef 468:10. Yalkut Yosef 468:13 writes that one may start a washing machine before midday although it will certainly continue to run after midday Shemirat [[Shabbat]] Kihilchita 42 note 139 says ironing is also allowed on [[chol hamoed]]. </ref> sew buttons, or perform minor mending even in a skilled manner. <ref> Rama 468:2. Mishna Brurah 468:8 writes that you can also do these things for others without pay. </ref><br />
# Although a person should take a hair cut and shave before [[chatzot]] if a person forgot there is what to rely upon to do so after chatzot unless he can find a non-Jew to do it in which case it is better to pay the non-Jew to do it.<ref>Nitai Gavriel Pesach v. 2 p. 251, 46:5 based on Chazon Ovadia p. 89 and Shaarim Hametzuyim Bhalacha 113.</ref><br />
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===Before Midday===<br />
#If the custom in the community is not to work before [[chatzot]], then one should follow that custom. If the custom is to work, then one is permitted to work. <ref> Shulchan Aruch 468:3, Mishna Brurah 468:12. </ref> Nowadays, the minhag is to work before [[chatzot]]. <ref> Chayei Adam 129:4, Aruch Hashulchan 468:5. Rav Shlomo Zalman Auerbach (Halichot Shlomo, Pesach, 8:5) also paskens that in Yerushalayim the issur melacha only begins from midday </ref><br />
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===Traveling from One Place to Another===<br />
# If one travels to another community in which the minhag is different, he should always keep the more stringent standard. If he is visiting a place whose standards are more lenient, he should not be seen doing nothing. <ref>S.A. 468:4 </ref><br />
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==Links==<br />
* [http://www.hebrewbooks.org/54541 Yalkut Yosef Hilchot Pesach vol. 1 (Hebrew, 5775)]<br />
* [http://www.yutorah.org/lectures/lecture.cfm/718068/Rabbi_Baruch_Simon/Malacha_on_Erev_Pesach Malacha on Erev Pesach] by Rabbi Baruch Simon<br />
* [http://www.yutorah.org/lectures/lecture.cfm/812222/Rabbi_Ezra_Schwartz/Some_Halachot_of_Erev_Pesach Some Halachot of Erev Pesach] by Rabbi Ezra Schwartz<br />
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==Sources==<br />
<references/><br />
[[Category:Pesach]]<br />
[[Category:Holidays]]</div>YitzchakSultanhttps://halachipedia.com/index.php?title=Halachot_Related_to_Coronavirus/COVID-19_Pandemic&diff=25529Halachot Related to Coronavirus/COVID-19 Pandemic2020-04-08T15:59:22Z<p>YitzchakSultan: /* Burial */</p>
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<div>[[Image:3D medical animation corona virus.jpg|right|300px]]<br />
All rabbinim agree that one should be cautious with all the health guidelines and social distancing<ref>[https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 34)] interestingly describes the sources in general about the Jewish view on handshaking and whether it is a [[Chukot Hagoyim]]. The poskim hold that in it isn't however, at this time it is forbidden because of the health concerns.</ref> set up by the government and other local institutions in order to stay safe and help prevent getting others sick.<ref>[https://www.torahanytime.com/#/lectures?v=104843 Rav Yitzchak Yosef], [http://www.torahweb.org/torah/docs/rsch/RavSchachter-with-doctors_Mar-15-2020.pdf Rav Hershel Schachter], Rav Asher Weiss (Teleconference March 22 2020), [https://www.ou.org/covid19/ OU (March 20 2020)], [https://www.torahanytime.com/#/lectures?v=106099 Rav Shmuel Fuerst (min 53)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal], [https://www.jpost.com/israel-news/leader-of-ultra-orthodox-world-calls-for-lone-prayer-due-to-coronavirus-622805 Rav Chaim Kanievsky], [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Shlomo Aviner (Keter Yitnu Lecha p. 34)], and RCBC letters. An article on [https://www.kikar.co.il/abroad/354170.html kikar.co.il] describes how the gedolim are currently davening privately including: the Gerre rebbe, Rav Shalom Kohen, Rav Gershon Edelstein, Rav Moshe Shternbuch, Rav Yitzchak Yosef, Sanser Rebbe, Rav Bakshi Doron, Rav Dovid Yosef, Bavian Rebbe, and Rav Sheiner.<br />
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*Endangering Oneself to Learn Torah: Ketubot 77b records and praises the practice of Reish Lakish to teach Torah to those ill with tzarat, some translate as leprosy, even though it is contagious. The gemara explained that he did so out of his love for Torah. Daf Al Hadaf cites Mishnat Pikuach Nefesh 69:7 who asks how Reish Lakish could endanger himself and rely on a miracle. He answers that the disease he was concerned with was only dangerous to health but not life threatening.</ref> Coronavirus, as it causes a serious health threat to some people, inhibits any social gatherings and semachot, and has severely damaged the economy and livelihood of certain people, poses a serious challenge to everyone. We all need to daven and take advantage of the circumstances in order to best serve Hashem. As a thoughtful Jew, it is incumbent upon a person to take to heart some important lessons of life and re-strengthen himself in his commitments. <ref>Rambam Taniyot 1:1-3, [https://www.torahanytime.com/#/lectures?a=105844 Rav Reuven Epstein] emphasizes that we need to take a lesson from corona since it overtly a hardship for Jews and humanity and a sign from Hashem. [https://www.yutorah.org/lectures/lecture.cfm/949185/rabbi-menachem-penner/shema-everything-is-from-hashem/ Rabbi Penner] discussed how we can revitalize our strength in mitzvot at this time based on better appreciating the lessons of Shema. Rav Asher Weiss (Teleconference March 22, 2020) introduced his shiur by discussing how we can strengthen our commitment to [[Ben Adam Lchavero]]. [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha)] wrote many lengthy pieces on the hashkafic questions related to COVID19.</ref> Additionally, on a practical level, COVID19 has many implications for people, and below is a small collection of the relevant halachot.<br />
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==[[Tefillah]]==<br />
When davening at home one should be cognizant of the following ideas:<br />
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#The best time to pray is Netz. According to many poskim this is equivalent to praying with a minyan.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz], Laws of Praying Beyachid (Adar 5780) by Rabbi Yonatan Nacson p. 1 citing Yalkut Yosef 89:1</ref><br />
#A person should daven in a [[makom kavuah]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] and [https://www.star-k.org/videos.php Rabbi Moshe Heinemann around minutes 5-7]</ref><br />
#A person should daven in front of a wall so that there's no distractions in front of him.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]</ref><br />
#A person can and should daven near a window that serves as a means of being inspired to look towards heaven.<ref>Shulchan Aruch 90:4 writes that there should be windows in a place where one davens. [https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] suggested that the same should be done for when we daven at home to daven in a place where there is a window.</ref><br />
#A person can daven [[Shemona Esrei]] aloud if it helps his kavana. It also serves as a role model for children.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]</ref><br />
#A person shouldn't daven in a room that is usually used for frivolity.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]</ref><br />
#A person shouldn't daven in front of an open bathroom.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]</ref><br />
#At a time of a plague such as our times it is advisable to say [[ketoret]] which has the power to end a plague.<ref>Laws of Praying Beyachid by Rabbi Nacson p. 2, [https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] citing Rabbi Akiva Eiger teshuva 71</ref><br />
#According to some, at this time a person should recite Avinu Malkenu in [[Shacharit]] and [[Mincha]],<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] quoting Rav Schachter</ref> while others emphasize how one must focus on Teshuvah and reciting all parts of the regular seder haTefillah first.<ref>[https://www.torahanytime.com/#/lectures?v=104864 Rav Bention Mutzafi (55:10)]</ref> Avinu Malkenu should not be recited during [[Nissan]].<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal] stated that one should not recite Avinu Malkenu during Nissan. See Divrei Yatziv OC 75 for different minhagim about saying Avinu Malkenu during Nissan. See discussion page.</ref><br />
#Eating a meal before davening when the time comes to daven a certain tefillah should be avoided since generally we are lenient about this since we go to established minyanim but for when that isn't possible we should be more strict about this.<ref>Mishna Shabbat 9b, [https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]. [https://www.star-k.org/videos.php Rabbi Moshe Heinemann] around minutes 5-7 says that if one sets an alarm, that should be sufficient</ref> See details here about [[Eating before Davening| eating]] and [[Other Activities before Davening| doing activities before davening]].<br />
#When davening as a family, in a temporary fashion, some hold that it isn't necessary to have a [[mechitza]] and the men and women can simply daven on different sides of the room.<ref>Igrot Moshe 5:12:1 writes that regarding a Shabbos Sheva Brachos since it is just the family and it is a temporary situation no mechitza is necessary.</ref> See [[Mechitza]] for more details.<br />
#A person shouldn't forget to recite [[Birkat Halevana]] by themselves when they see the moon. It can be said from indoors. See [[Birkat Halevana]] page for details.<br />
<br />
===Parts of Davening to Skip===<br />
<br />
#On Friday night an individual doesn't recite [[Shabbat_Davenings#Me.27ayn_Sheva |Magen Avot]] after Shemona Esrei of Maariv.<ref>Laws of Praying Beyachid p. 10 citing Shulchan Aruch O.C. 268:8</ref> However, one should recite Vayechulu.<ref>[https://vimeo.com/399141271 Rabbi Moshe Heinemann] at around 24:45. At around 34 minutes, he clarifies that this can be done even by yourself, though normally we try to say it with at least two </ref><br />
#One doesn't recite [[Baruch Shemey]] when praying by oneself since it is part of the activity of removing the Sefer Torah.<ref>Mishna Brurah 134:13</ref><br />
<br />
==Minyan via Porches or Technology==<br />
<br />
#It is forbidden to have a minyan in person whether it is in a shul, shteibel, home, or backyard.<ref>[https://www.ou.org/covid19/ OU]. [https://www.yutorah.org/lectures/lecture.cfm/950656/rabbi-hershel-schachter/piskei-corona-14-forming-a-minyan-outside/ Rav Schachter (Piskei Corona #14)] writes that a person shouldn't try to make a minyan on his lawn spread out even if there's a small remote chance of spreading the virus. He also held that making a minyan with ten people standing on different balconies or porches doesn't count as a minyan. [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)] writes that certainly a person should not attend a minyan because of the danger and one may not rely on the zechut of a minyan to protect him, one needs to be safe. </ref><br />
#If there ten people standing on their own porches and can see one another, some say that one can not create a minyan in such a manner, while others hold that one can.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950656/rabbi-hershel-schachter/piskei-corona-14-forming-a-minyan-outside/ Rav Schachter (Piskei Corona #14)] holds that it isn't a valid minyan. However, Rav Shternbuch (teshuva Nissan 8 5780) held that it is a valid minyan. To satisfy all the opinions the shaliach tzibur should have in mind that when he does chazarat hashatz that he could be praying a voluntary tefillah. They can't join if they're across the street and within ten tefachim of the ground. The shaliach tzibur needs to be able to see everyone. For kriyat hatorah that is done with porches initially one should call up the baal koreh or anyone on his porch, then one can even call up to an aliya someone on another porch as long as he can hear the baal koreh. The kohanim should leave before retzah because they can't say birkat kohanim. Someone davening alone doesn't have to hear kriyat hatorah since it is an obligation of the community and not individual. Rav Asher Weiss (Teleconference with Aguda, April 2 2020) was also inclined to hold that it is possible to make a minyan with people on porches who can see each other.<br />
<br />
*Mishna Brurah 55:48 based on Rashba responsa 1:96 holds that one can learn from the laws of zimmun that if people can see each other they can join for minyan.</ref><br />
#You can't create a minyan with a video (e.g. zoom or skype) or phone call but one can join a minyan of ten men in one room with a video or phone call in order to answer [[dvarim shebekedusha]].<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)], Rabbi Nacson in Laws of Praying Beyachid p. 4 based on Yalkut Yosef 5775 ed Yamim Noraim p. 17, Yabia Omer 1:19:18, Chazon Ovadia Purim p. 56</ref><br />
#It isn't considered a minyan for people to join together to daven on a video conference but it is still somewhat spiritually valuable.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)]</ref><br />
<br />
===Answering [[Amen]]===<br />
<br />
#Even if there is a time delay between the person reciting the bracha and the one answering it that wouldn't be considered an [[Amen Yetoma]].<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)], [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)], Rabbi Nacson in Laws of Praying Beyachid p. 4 based on Yalkut Yosef 5775 ed Yamim Noraim p. 17, Yabia Omer 1:19:18, Chazon Ovadia Purim p. 56</ref><br />
<br />
===Megillah===<br />
<br />
#There is a major dispute if a person could fulfill their mitzvah of listening to the megillah on the phone or through watching a live streamed video. Some rabbanim advised this,<ref>Rav Schachter cited by [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)] and Rav Aviner agreed.</ref> while others hold that one can't fulfill one's mitzvah at all.<ref>Rav Dovid Feinstein cited by [http://podcast.headlinesbook.com/e/coronavirus-what-the-halacha-tells-us/ Rabbi Fink] and [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)]</ref> See this topic explained more fully here: [[Brachot_Through_a_Microphone]].<br />
<br />
==Netilat Yadayim==<br />
<br />
#If a person wants to wash his hands with soap and wash [[Netilat Yadayim for a meal]], one should first wash Netilat Yadyaim for the meal, dry the hands, recite the bracha, and then wash one's hands with soap and then recite the Hamotzei.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Willig (min 30-34)]</ref><br />
<br />
==Shabbat Davening==<br />
===Friday Night===<br />
#Although the reason for reciting Shalom Alechem on a Friday night is that the angels accompany you home from shul and you welcome them to your home, if one was unable to attend shul on a Friday night, he would still sing Shalom Alechem.<ref>[https://vimeo.com/399141271 Rabbi Moshe Heinemann] at around 28:30 in the name of Rav Moshe Feinstein, because Hashem will not punish you by not sending the angels when you weren't able to attend</ref><br />
===Davening for the Sick===<br />
# It is generally prohibited to daven on Shabbat for our needs or for the well-being of a sick person. However, if the person is in a state of mortal danger one may daven for his well-being on Shabbat.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951537/rabbi-hershel-schachter/piskei-corona-25-davening-for-the-sick/ Rav Schachter (Piskei Corona #25)]</ref> See [[Shabbat_Davenings#Personal_Requests]] for all of the details of this topic.<br />
<br />
===[[Kriyat Hatorah]]===<br />
#A person who is at home and can't be at shul should nonetheless read the parsha from a chumash between Shacharit and Mussaf as a way of remembering the concept of kriyat hatorah. He can use that reading as part of his reading of [[Shenayim Mikra Vechad Targum]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] quoting Rabbi Willig. [https://www.star-k.org/videos.php Rabbi Moshe Heinemann] around minutes 7-10 agrees that you should do so on Shabbat, but that it is not necessary on Monday and Thursday. </ref> Some think this doesn't accomplish anything.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950291/rabbi-hershel-schachter/piskei-corona-8-krias-hatorah/ Rav Schachter (Piskei Corona #8)]</ref><br />
#When the congregation misses a kriyat hatorah they can make it up by reading two parshiyot next week in Shul. However, if they miss multiple weeks there is a discussion if they should or could make up all of the parshiyot that they missed.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] based on Rama and Magen Avraham</ref><br />
#A person should not move a sefer torah out of a Shul for a home minyan.<ref>[https://drive.google.com/file/d/14IUOs2OOMhloqYwnbv3iKGrWS6GbYGId/view?usp=drivesdk Rabbi Yonatan Nacson in Laws of Praying Byachid (p. 10)] citing Rav Asher Weiss</ref> See [[Respecting_a_Sefer_Torah#Transporting_a_Sefer_Torah]] for more details.<br />
#There still is an obligation of [[Shenayim Mikra Vechad Targum]] when the there is no congregation doing the Kriyat Hatorah in shul.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950291/rabbi-hershel-schachter/piskei-corona-8-krias-hatorah/ Rav Schachter (Piskei Corona #8)</ref><br />
#One doesn't recite [[Baruch Shemey]] when praying by oneself since it is part of the activity of removing the Sefer Torah.<ref>Mishna Brurah 134:13</ref><br />
===Anim Zemirot===<br />
# A person davening alone doesn't have to recite Anim Zemirot.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951536/rabbi-hershel-schachter/piskei-corona-24-anim-zmiros-without-a-minyan/ Rav Schachter (Piskei Corona #24)] explains that anim zemirot was instituted only for a minyan, and according to Rav Soloveitchik was considered a [[dvar shebekedusha]].</ref><br />
<br />
==[[Hagomel]]==<br />
<br />
#A person who was quarantined and got out of quarantine doesn't recite Hagomel since they were in no danger.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
#A person needs to recite [[hagomel]] in front of a [[minyan]] of ten men. Some suggest that this can be recited before ten people listening on a video or phone call and can answer amen. Even though they aren't present, the minyan in this context is purely to publicize the idea so it is permissible.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)]</ref> Others disagree and as long as the minyan isn't in the same room one can not recite hagomel.<ref>Divrei Dovid 4:3</ref><br />
#According to Ashkenazim, if a person is ill with a sickness to the point that he is a choleh sheyesh bo sakana, a concern of mortal danger, he should recite Hagomel, but if he less sick than that there is no need to recite Hagomel.<ref>Rama 219:8, [http://nleresources.com/2020/03/rav-asher-weiss-coronavirus-in-halacha/#.XnoNOIjYrIU Rav Asher Weiss (March 15 2015, min 11)]</ref> Sephardic tradition is to recite Hagomel anytime someone was sick in bed such as with a flu or bad cold even for a short period of time.<ref>[https://itorah.com/global-search/birkat%20hagomel Rabbi Mansour ("Saying Birkat Hagomel Within 3 Days and Laws of Birkat Hagomel Following A Sickness")]</ref><br />
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==[[Bedikat Chametz]] and [[Biur Chametz]]==<br />
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#A person should do bedikat chametz after praying by oneself at Tzet Hakochavim and then immediately begin the bedika. They should not have a meal within a half hour of the bedika.<ref>[https://www.torahanytime.com/#/lectures?v=106099 Rav Shmuel Fuerst (min 1-5)],[https://www.yutorah.org/sidebar/lecture.cfm/950401/rabbi-dan-cohen-rabbi-meir-gavriel-elbaz/pesach-prep-simplified/ Rav Meir Elbaz (min 17-8)]</ref><br />
#Because one can't do a large communal Chametz burning because gatherings aren't safe and even doing it with a few people at a time can look to non-Jews as unsafe. Rather one should just do biur chametz with a Kezayit by flushing it down the toilet.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-3-Mar-26-2020.pdf Rav Herschel Schachter (teshuva Rosh Chodesh Nissan 5780)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]. [https://www.jpost.com/Israel-News/Chief-Rabbis-Dont-leave-home-to-burn-chametz-for-Passover-623072 Rav Yitzchak Yosef and Rav David Lau] said that one should not go outside to burn chametz or kasher pots.</ref><br />
#A person should sell chametz in the house or office if he left there before he had the chance to do a bedikat chametz. By selling the chametz there he is absolving himself of having to do bedikat chametz.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/950401/rabbi-dan-cohen-rabbi-meir-gavriel-elbaz/pesach-prep-simplified/ Rav Elbaz (min 26)], Rav Asher Weiss (Teleconference, March 29 2020 11am)</ref><br />
<br />
==Selling [[Chametz]]==<br />
<br />
#If a person doesn't usually [[sell chametz]] and is afraid that if he doesn't sell chametz one year he isn't going to have food afterwards he can sell his chametz. He wouldn't require a [[hatarat nedarim]].<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (min 20)], [https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 9-11)]. [http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-3-Mar-26-2020.pdf Rav Herschel Schachter (teshuva Rosh Chodesh Nissan 5780)] explained the reason why the hatarat nedarim isn't necessary. [https://vimeo.com/399141271 Rabbi Moshe Heinemann] at around 46:45 agrees that if there is a big loss one can be lenient and sell chametz and it would not require hatarat nedarim, although he isn't so sure that it would be a big loss to an individual.</ref><br />
#A person can sell his chametz on the phone or online and if possible a kinyan can be made virtually in order to appoint the rabbi to sell the chametz. The kinyan would take place as follows: the rabbi would ask if there's someone standing next to the one who wants to appoint the rabbi and if there is then that person can give a pen or a utensil to the one who wants to appoint the rabbi as his shaliach. This is considered a valid kinyan between the person standing there and the one who wants to appoint the rabbi on behalf of the rabbi to be appointed. If that isn't feasible it isn't necessary. Nonetheless, one could stipulate in the document that this appointment of the rabbi is done with the full knowledge of its legal ramifications and it is accepted completely.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-1-Mar-24-2020.pdf Rav Hershel Schachter (Teshuva dated 28 Adar 5780 p. 2)], Nefesh Harav p. 179, [https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (min 1-5)] explained that the minhag is to make a kinyan to appoint a someone to sell something for you. This is classically done with a handing of a handkerchief from the rabbi to the one selling chametz. However, when they call on the phone that isn't possible. The Steipler held in such a case it isn't necessary to be careful about that minhag and simply have the person orally declare that he appoints the rabbi. However, Rav Soloveitchik felt that we should try to fulfill the minhag in any event. How can it be fulfilled? One can have someone standing in the room next to the person on the phone give something to the person on the phone on behalf of the rabbi. That is an effective halachic kinyan on behalf of the rabbi (see Kiddushin 7a). [https://www.torahanytime.com/#/lectures?v=106099 Rav Shmuel Fuerst (min 10)] explained that one can appoint the rabbi to sell his chametz online. Rav Asher Weiss (Minchat Asher Corona p. 66) agrees. [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal] allowed appointing the rabbi online if he is a talmid chacham.</ref><br />
#There is no issue with the selling of Chametz even though the Chametz is in a locked building or in a place that isn't accessible to the non-Jew because of the coronavirus situation.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950290/rabbi-hershel-schachter/piskei-corona-10-chametz-sheeno-birshuso/ Rav Schachter (Piskei Corona #10)]</ref><br />
#Some poskim allow ordering chametz on Pesach if one is certain that it will only be delivered after pesach.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951179/rabbi-hershel-schachter/piskei-corona-17-ordering-chametz-from-a-non-jew-on-pesach-to-arrive-after-pesach/ Rav Schachter (Piskei Corona #17)] explains that it isn't considered rotzeh bkiyumo, wanting the chametz to continue to exist, to order the chametz since one doesn't insist on any particular box of chametz that the company provides. However, one certainly may not acquire it with a kinyan such as picking it up or moving it. Even if it is delivered into one's property if one has intention not to acquire it, one doesn't acquire it. Yet, one can't even protect it since doing so is an issue of rotzeh bkiyumo. [https://yeshiva-university.zoom.us/rec/play/usAsduuh-283HoLAtASDAPZ9W9S0eq2s0igX-_pez0jkW3EFZFr1M7QRa7Qf9B_vOGt5lyO0vcW9I1-0?startTime=1585760529000&_x_zm_rtaid=CQsocm3ZRaq6pGgFL5OMGQ.1585880286593.75ff95374a21dbfc2f0c45524d508e2a&_x_zm_rhtaid=674 Rav Willig (April 1 2020, min 0-2)] agreed in technical terms.</ref><br />
<br />
==Buying for Pesach==<br />
<br />
#If you have raw chicken or raw meat you don't have to worry that it is chametz even if it was processed in a place where there was chametz. You can simply wash it off to solve any question.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 11-15)]</ref><br />
<br />
==Kitniyot==<br />
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#Out of a concern of the coronavirus, this year some poskim permit taking vitamins which have additives of [[kitniyot]] in order to stay healthy and to strength one's immune system.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950289/rabbi-hershel-schachter/piskei-corona-7-kitniyos/ Rav Schachter (Piskei Corona #7)]</ref><br />
#Someone with Crohn's disease and needs to drink an enriched milk with kiniyot additives for his health can do so on Pesach. Also, he can do so within 6 hours after eating meat (see [[Waiting between Meat and Milk]]).<ref>[https://www.yutorah.org/lectures/lecture.cfm/950289/rabbi-hershel-schachter/piskei-corona-7-kitniyos/ Rav Schachter (Piskei Corona #7)]</ref><br />
<br />
==[[Kashering for Pesach]]==<br />
<br />
#Some poskim allow [[kashering a dishwasher]] for Pesach even though there are plastic and other materials in there that are questionable to kosher. One should wait 24 hours without using it and then use with just hot water and no soap. According to Ashkenazim this should be used to kosher it from Chametz but not from meat to parve or milk or vice versa.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-3-Mar-26-2020.pdf Rav Herschel Schachter (teshuva Rosh Chodesh Nissan 5780)]</ref><br />
#Some hold that one can kasher plastic, while others disagree. See on the [[Kashering_the_Kitchen_for_Pesach#Which_materials_can_be_kashered.3F]] page.<br />
<br />
==Pesach Davening==<br />
===Hallel Pesach Night===<br />
<br />
#There is a custom of Sephardic and some Ashkenazic communities to recite Hallel Pesach night in Shul. However, being that the current situation demands that a person needs to remain inside there is no way to fulfill this minhag and should not recite Hallel after davening. Rather one should only recite it at the Seder.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950285/rabbi-hershel-schachter/piskei-corona-9-hallel-on-pesach-night-and-tefillas-tal/ Rav Hershel Schachter (Piskei Corona #9)]</ref> Some Ashkenazic poskim would allow reciting a bracha.<ref>Rav Asher Weiss (Minchat Asher Corona p. 73-4) writes that a person who has the practice to recite the Hallel the night of the seder after davening can do so with a bracha even when davening individually.</ref><br />
#According to Sephardim, one should recite Hallel the night of the seder after davening with a bracha even though one is davening at home.<ref>Yachava Daat 5:34, Teshuva written by Rabbi Mordechai Lebhar author of Magen Avot (Erev Shabbat Hagadol 5780), Kaf Hachaim 487:38-42</ref><br />
<br />
===Shir Hashirim on Chol Hamoed===<br />
#Ashkenazim generally have the custom to read Shir Hashirim on Shabbat Chol Hamoed Pesach. This year since there is no minyanim available, when one davens at home individually, there is no obligation to read Shir Hashirim. One may do so but it isn't in fulfillment of the minhag.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950655/rabbi-hershel-schachter/piskei-corona-13-shir-hashirim-on-chol-hamoed-pesach/ Rav Schachter (Piskei Corona #13)]</ref><br />
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===Tefillat HaTal===<br />
#One can recite the piyut for tal on Pesach was only instituted for a congregation, however if one wants to recite it one may do so.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950285/rabbi-hershel-schachter/piskei-corona-9-hallel-on-pesach-night-and-tefillas-tal/ Rav Schachter (Piskei Corona #9)]</ref><br />
#In Mussaf everyone should stop saying [[Mashiv Haruach Umorid Hageshem]] and instead recite Morid Hatal because one is davening individually and one may not change from the practice of saying Mashiv Haruach of the congregation until the Shaliach Tzibur has done so and this year there are no minyanim switching at mussaf. After Mussaf, starting with Mincha, one should follow their regular minhag if they usually recite Morid Hatal or not.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950285/rabbi-hershel-schachter/piskei-corona-9-hallel-on-pesach-night-and-tefillas-tal/ Rav Schachter (Piskei Corona #9)]</ref> See [[Mashiv_HaRuach_UMorid_HaGeshem#When_to_Stop_Morid_Hageshem_and_Start_Tal]] for the background.<br />
# For Sephardim, one may begin to recite Morid Hatal in Mussaf even though he praying individually and there is no minyan nearby.<Ref>Kaf Hachaim 114:8 and Halacha Brurah v. 6 p. 145 rule that the primary halacha is that there's no prohibition to begin to start to say Morid Hatal before the Shaliach Tzibbur. It is only forbidden for an individual to begin Mashiv Haruach Umorid Hageshem before the congregation does. This is the approach of the Bet Yosef citing the Ran, Pri Chadash, and Maamar Mordechai, unlike the Raavad cited by the Tur 114:2. However, in a regular year, the Kaf Hachaim and Halacha Brurah recommend being strict for the Raavad to have the Shaliach Tzibur announce before the Mussaf that everyone should begin to say Morid Hatal.</ref><br />
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==Machine Matza==<br />
<br />
#It is permitted under extenuating circumstances to use [[machine matza]] for the mitzvah of eating matzah on the seder night.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards beginning)]. This is acceptable for Sephardim as well even with a bracha as described by Rav Ovadia Yosef in Yachava Daat 1:14 and Chazon Ovadia (Pesach Hilchot Leil Haseder 5763 Edition p. 76). [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim] holds that one should really used hand baked matzah but if one can't acquire any then one can use machine matzah. [https://yeshiva-university.zoom.us/rec/play/uMB7I-D--j83ToDAtgSDUaJ7W9Xueqis0nRK-6FfmUm0VSMBZ1qjYLIbZbHenouY882eTH8fEnI5K7DA?startTime=1585587811000&_x_zm_rtaid=5PWyeRatQdGWZ2q1UH7K6w.1585657713810.05dafc99f0c11cb46ffb1a63ddd87e47&_x_zm_rhtaid=904 Rav Willig (min 2)] has a similar approach.</ref><br />
#Some say that there's no concern to have the hand baked matzot this year.<ref>Rav Asher Weiss (Teleconference March 22 2020, min 19) said that there's no concern to use the hand-baked matzot since they were baked earlier in the year. His personal minhag is to have only hand baked matzot. In terms of using machine matzah he felt that it is only a chumra not to use them even for the mitzvah of motzei matzah and one could use them if there's no other option.</ref><br />
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==[[Eruv Tavshilin]] and [[Eruv Chatzerot]]==<br />
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#A rabbi should establish an eruv tavshilin on behalf of his whole community. Even though usually he acquires it to another person who isn't a family member on behalf of the community, this year because of social distancing one can acquire it to one's wife. <ref>[https://www.yutorah.org/lectures/lecture.cfm/951181/rabbi-hershel-schachter/piskei-corona-19-eruv-tavshillin-and-eruv-chatzeiros-and-social-distancing/ Rav Schachter (Piskei Corona #19)]</ref><br />
#An eruv tavshilin works to allow cooking from Yom Tov to Shabbat even though it isn't possible to have guests in most cases.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951181/rabbi-hershel-schachter/piskei-corona-19-eruv-tavshillin-and-eruv-chatzeiros-and-social-distancing/ Rav Schachter (Piskei Corona #19)] explained that usually we use the concept of ''hoil'', since guests might arrive who can eat the food one cooked, to permit cooking from one day of Yom Tov to Shabbat. However, this year that seems not to be applicable. Rav Schachter explained based on the Maharam Chalavah that ''hoil'' doesn't necessitate that one actually have guests or even have the ability to have guests, it is rather a halachic principle since objectively it is possible to have guests the eruv is effective.</ref><br />
#The communal eruv chatzerot continues to be effective even though the communal box of matzah's might not be accessible.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951181/rabbi-hershel-schachter/piskei-corona-19-eruv-tavshillin-and-eruv-chatzeiros-and-social-distancing/ Rav Schachter (Piskei Corona #19)] explained that since theoretically it is possible to get the box alone for a few minutes it isn't completely inaccessible (see Har Tzvi OC 2:16).</ref><br />
#It is permissible to wear a surgical mask on Shabbat outside and it isn't [[carrying]] as long as it is fastened well and won't fall off.<ref>[https://itorah.com/daily-halacha/lecture/may-one-wear-a-surgical-mask-on-shabbat-in-a-public-domain/3803 Rabbi Mansour]</ref><br />
<br />
==Birchat Ha'ilanot==<br />
<br />
#One can recite birkat hailanot from indoors if one can see the trees but one may not recite them by seeing the trees on a video.<ref>Ateret Paz p. 154-6</ref> See the [[Birchat HaIlanot]] for more details and sources.<br />
<br />
==[[Tanit Bechorot]]==<br />
#A person should try to finish a short masecheta to make his own siyum.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-1-Mar-24-2020.pdf Rav Hershel Schachter (Teshuva dated 28 Adar 5780 p. 2)], [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref> Some say that learning one masechta with Bartenura is sufficient.<ref>[https://itorah.com/daily-halacha/lecture/ta-anit-bechorot-during-the-coronavirus-pandemic/3802 Rabbi Mansour], [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref><br />
# Many poskim say that he can rely on a siyum over the phone or video livestream.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-1-Mar-24-2020.pdf Rav Hershel Schachter (Teshuva dated 28 Adar 5780 p. 2)]. [https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards beginning)]. [https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 1-4)] explained that Rav Schachter and Rav Shlomo Zalman Auerbach hold that it is enough to listen and join with the siyum over the phone or video call. However, other poskim don't like this leniency. Rav Asher Weiss (Teleconference March 22 2020, min 7) agreed that one can be yotzei with a siyum over the phone or video for the tanit bechorot. [https://www.torahanytime.com/#/lectures?v=106099 Rav Shmuel Fuerst (min 6)] agreed that this year you can be yotzei the siyum over the phone since it is an extenuating circumstance. [https://youtu.be/Yo6IJi2V-bw Rav Avigdor Nevinsal] agreed that you can be part of a siyum over the phone and the meal one has afterwards is a seudat mitzvah. [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim] holds that it is better to make a siyum oneself even on a tractate of mishna but if that's not possible one can listen on the phone.</ref><br />
# Some say that in the event one can't make one's own siyum or even hear someone else's, one doesn't need to fast this year in order to maintain strength in this time of a health crisis.<ref>[https://itorah.com/daily-halacha/lecture/ta-anit-bechorot-during-the-coronavirus-pandemic/3802 Rabbi Mansour]</ref><br />
<br />
==Birkat Halevana==<br />
<br />
#Ideally one should recite birkat halevana outdoors.<ref>Rama 426:4</ref> If one can not do so one can recite Birkat Halevana from inside but initially one should open the window.<ref>Pri Megadim M"Z 426:4, Mishna Brurah 426:21</ref> See the [[Birkat HaLevana]] page.<br />
<br />
==Chol Hamoed==<br />
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#One can't buy stocks or sell them on Chol Hamoed, however, if not selling them could lead to a loss of one's original capital that one invested one can sell it.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref><br />
<br />
See [[Chol Hamoed]] for many details.<br />
<br />
==Using Zoom for the Seder==<br />
<br />
#Although a minority of rabbis allow using Zoom for this emergency situation in a very extenuating circumstance where an elderly single person is alone for the seder away from family because of the quarantines to use technology to leave a video conference going for Yom Tov to join with a family seder,<ref>[http://www.israelnationalnews.com/News/News.aspx/277764 Rabbi Eliyahu Abergel and other rabbis]</ref> most rabbis consider this to be a breach of halacha.<ref>Rav Asher Weiss (Teleconference March 22 2020 11am, min 39; teshuva in Minchat Asher Corona pp. 75-6), [http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-2-Mar-25-2020.pdf Rav Herschel Schachter (teshuva Adar 29 5780)], [https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 20-22)], [https://www.inn.co.il/News/News.aspx/432065 Rav Yosef Tzvi Rimon]. Rav Willig's held that it is absolutely forbidden and it is a tremendous zilzul Shabbat besides questions of others prohibitions of Shabbat.</ref> There is a discussion if the firstgroup of rabbis retracted.<ref>[https://vosizneias.com/2020/03/24/the-heter-for-zoom-at-the-seder-is-incorrect-and-should-be-retracted/ Rabbi Yair Hoffman] describes how 3 of the original signers of the lenient ruling would only permit under life and death needs and not in general. However, [https://www.jpost.com/israel-news/zoom-passover-seder-rabbis-hit-back-at-critics-622494 another article] describes how some of the original rabbis who were lenient confirmed their opinions.</ref><br />
#It is suggested to perform a pre-pesach zoom seder for people who you can't invite to your seder in order to share divrei torah, songs, and the experience of the seder before Yom Tov.<ref>[https://www.inn.co.il/News/News.aspx/432065 Rav Yosef Tzvi Rimon]</ref><br />
#For someone who is clinically depressed to the point that there is a concern of suicide or just losing one's mind it is permitted to use a phone to call him to cheer him up and check on him. However, if there's a way to check the patient before Pesach one should do so.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-2-Mar-25-2020.pdf Rav Herschel Schachter (teshuva Adar 29 5780)]. [https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Willig (min 24)] agrees that we violate Shabbat for someone who is suicidal but they can use the phone.</ref> A person should check with his rabbi in each case.<br />
#A person should recite Ha lachma anya this year as one would any other year, even though that phrase is a call for inviting guests and this year that is impossible.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951299/rabbi-hershel-schachter/piskei-corona-21-can-we-say-kol-dichfin-this-year-/ Rav Schachter (Piskei Corona #21)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
<br />
==[[Sefirat Haomer]]==<br />
<br />
#If someone couldn't get a hair cut because the barbers were all closed before Pesach, then if one reached the point when it very noticeably long and people would tell him to get a haircut he can take a haircut during [[Sefira]]. Today it can be estimated that if it has been more than 2 months since his last haircut he can take a haircut during the Sefira.<ref>https://www.yutorah.org/lectures/lecture.cfm/950659/rabbi-hershel-schachter/piskei-corona-16-haircuts-on-chol-hamoed-and-sefira/ Rav Schachter (Piskei Corona #16)</ref><br />
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==Mikveh==<br />
<br />
#Each community rabbi needs to decide these sort of questions however in theory it is possible for the Mikva to remain open and allow women who aren't having symptoms or aren't quarantined to go to Mikva. They should be extra careful about hygiene and prepare completely at home, go to the Mikva where there is no contact with anyone besides a brief contact with the water which has chemicals for cleanliness. Then upon returning home there are poskim who allow the woman to take a shower when she gets home to clean herself off.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/950654/rabbi-hershel-schachter/piskei-corona-12-showering-after-the-mikvah/ Rav Hershel Schachter (Piskei Corona #12)], [https://www.torahanytime.com/#/lectures?v=105574 Rabbi Shay Tahan]. Rav Asher Weiss (March 29 2020) said it is obviously permitted to overlook the chumra of not showering when the woman returns from mikveh at these times.</ref><br />
# On Shabbat, if a woman goes to mikveh she can not take a hot shower when she gets back since turning on the hot water is causing cold water to enter the boiler and cook. Rather she should either decide to take a completely cold shower or delay the mikveh until Motzei Shabbat. She should also not decide not to take a shower at all because one shouldn't do something unsafe when there's an option to delay going to mikveh.<Ref>[https://www.yutorah.org/lectures/lecture.cfm/951538/rabbi-hershel-schachter/piskei-corona-26-showering-when-returning-home-from-the-hospital-or-the-mikvah-on-shabbos-or-yom-tov/ Rav Schachter (Piskei Corona #26)]</ref><br />
# On Yom Tov, according to those who are lenient to permit [[showering on Yom Tov]], when a woman returns from the mikveh should do so. Rav Schachter's opinion is that it is only permitted to take a shower on Yom Tov with water that is just hot enough to remove the chill from the water (less than lukewarm). If she decides she doesn't want to take such a shower, she should delay going to mikveh until after Yom Tov.<Ref>[https://www.yutorah.org/lectures/lecture.cfm/951538/rabbi-hershel-schachter/piskei-corona-26-showering-when-returning-home-from-the-hospital-or-the-mikvah-on-shabbos-or-yom-tov/ Rav Schachter (Piskei Corona #26)]</ref><br />
#The OU has established [https://www.ou.org/covid-19-and-the-mikvah-recommended-protocols/?utm_source=SilverpopMailing&utm_medium=email&utm_campaign=Mikvah%20Guidance%20(1)&utm_content=&spMailingID=32100310&spUserID=MTM2NTc0Mjg0NTYwS0&spJobID=1683098314&spReportId=MTY4MzA5ODMxNAS2 health guidelines] in order to allow a mikveh to remain open.<br />
#The RCBC also stated that Mikva's are remaining open for the time.<ref>[https://www.theyeshivaworld.com/news/featured/1839350/no-shul-yeshivas-shabbos-guests-levayos-shiva-vaad-harabanim-of-bergen-county-releases-letter.html RCBC letter on yeshivaworld.com]</ref><br />
#The men's mikveh's should be closed at this time. Even if a person is careful to go to mikveh each day he can fulfill this custom by taking a 5 minute shower.<ref>Rav Asher Weiss (Teleconference March 22 2020, min 12)</ref> See [[Preparations_for_Davening#Going_to_Mikveh]] for details.<br />
<br />
==Tevilat Kelim==<br />
<br />
#Each community should decide whether or not close the kli mikveh out of a safety concern. You can do the [[tevilat kelim]] in the ocean.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 5-9)], [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref><br />
#Alternatively, one can use tevilat kelim in the mikvah while wearing gloves, then throw out the gloves, wash off the kelim with soap and water. If the community has other procedures for safety one should observe them.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 5-9)], [https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 3-4)]</ref><br />
#As a last resort one can avoid tevilat kelim by giving the pots to a non-Jew and borrowing them back. One can rely on this until the virus passes.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 5-9)], [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]. [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal] said that one could rely upon this if there was no other option. [https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 14-16)] allows selling the kelim to a non-Jew. Rav Yosef Tzvi Rimon (teshuva dated Nisan 1 5780) recommended this.</ref> If one can't sell or gift the pots to a non-Jew oneself one can do so online through [https://nirshamti.co.il/e-%D7%98%D7%91%D7%99%D7%9C%D7%94/ Zomet].<br />
#Another option is for a person to declare the pots that need tevilat kelim to be ownerless (hefker) in front of 3 Jews. One has to have full intent that the pots are ownerless and if someone took them one would have no claim upon them. If these Jews can't be there in person it is sufficient if they are present through social media technology but they should be people who live in the neighborhood. They should then leave the pots outside their house for a few minutes so that if someone wanted to take them they could. <ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-1-Mar-24-2020.pdf Rav Hershel Schachter (Teshuva dated 28 Adar 5780 p. 1)], [https://itorah.com/daily-halacha/lecture/if-one-has-new-utensils-which-he-is-unable-to-immerse/3801 Rabbi Mansour]</ref> Others disagree.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 5-12)] said that one shouldn't use the solution to make the pots hefker since you're using the kelim. See Sefer Tevilat Kelim p. 84 based on Maharil Diskin. See S"A Harav 445:1 that hefker that isn't meaningful since you plan to reacquire it isn't a solution. However, Rav Elyashiv and Rav Soloveitchik allowed it in extenuating circumstances. Rav Asher Weiss (Minchat Asher Corona p. 72) writes that one should avoid using new pots and relying on this leniency to mafkir but in an extenuating circumstance one can rely on it.</ref><br />
#If there's are no solutions, some poskim would allow using the pots without tevilat kelim in this extenuating circumstance.<ref>Rav Asher Weiss (Teleconference, March 22 2020 11am), Rav Yosef Tzvi Rimon (Teshuva dated Nisan 1 5780)</ref><br />
#Regarding a seder plate and kos shel eliyahu requiring tevilah, see [[Tevilat Kelim]] page.<br />
<br />
==[[Brit Milah]]==<br />
<br />
#A Brit Milah can be done without a minyan since gatherings aren't safe.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
#A grandfather or someone else involved in a brit milah via zoom can recite the naming of the baby but he should not recite the bracha of asher kidash yadid mbeten.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951300/rabbi-hershel-schachter/piskei-corona-22-participating-in-a-simcha-via-zoom/ Rav Schachter (Piskei Corona #22)]</ref><br />
<br />
==Naming a Girl==<br />
<br />
#Although normally we try to name a baby girl at an aliya to the Torah, a person doesn't need a minyan in order to name a girl and under the circumstances should do so without delay.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Neventzal], [https://www.yutorah.org/lectures/lecture.cfm/950292/rabbi-hershel-schachter/piskei-corona-11-krias-shem-for-a-baby-girl/ Rav Schachter (Piskei Corona Teshuva #11)], [https://vimeo.com/399141271 Rabbi Moshe Heinemann] at about 16:45</ref><br />
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==Bar Mitzvah's==<br />
<br />
#[https://www.torahanytime.com/#/lectures?v=105558 A message for Bar Mitzvah Boys in the Lockdown by Rabbi Pesach Krohn]<br />
#A bar mitzvah boy who missed the opportunity to read his parsha in shul when he became bar mitzvah'ed when it is next possible to go to shul he can add his parsha as a hosafa and read it then. Additionally, the haftorah can follow that hosafa.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards end)]</ref><br />
#The father of a Bar Mitzvah boy who couldn't layn should wait until he can do something that shows he's Bar Mitzvah like layn or daven as Shaliach Tzibbur to make such a bracha.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
<br />
==Weddings==<br />
<br />
#Ideally a wedding shouldn't be pushed off if both parties are ready even though it means having a tiny wedding.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal], [https://www.kimizion.org/maamar/5780_5784/keter.pdf (Keter Yitanu Lecha p. 38)]</ref><br />
#A rabbi should not officiate at a wedding that isn't abiding by the CDC guidelines of health because he is furthering unsafe practices.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards beginning)]</ref><br />
#It has been asked whether or not the poskim are more lenient this year regarding weddings during [[Sefira]] but the answer is that it is not determined because the situation is still unclear.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref> Some are lenient but it is best to schedule for [[Rosh Chodesh]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref><br />
#If in this dire situation it isn't possible to have a minyan, it is possible to have a wedding nonetheless without [[Sheva Brachot]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/951180/rabbi-hershel-schachter/piskei-corona-18-getting-married-with-less-than-10-men-present/ Rav Schachter (Piskei Corona #18)] explained that although it isn't possible to recite Sheva Brachot and seemingly they forbid the couple to each other without Sheva Brachot in this extenuating circumstance one can rely upon the opinion that the wedding is valid and they are permitted even without Sheva Brachot (see Nodeh Beyehuda EH 1:56). For birkat erusin certainly having a minyan isn't critical (Shulchan Aruch E.H. 34:4) although it is preferable and in this circumstance unnecessary. From Bet Shmuel 64:4 it appears to be a dispute between the Shulchan Aruch and Rama whether one is allowed to have a wedding at all if it is extremely difficult to get a minyan, the Rama being lenient. </ref><br />
#A minyan for [[sheva brachot]] can not be created via Zoom. Additionally, one can't recite a bracha of sheva brachot for the couple via Zoom.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951300/rabbi-hershel-schachter/piskei-corona-22-participating-in-a-simcha-via-zoom/ Rav Schachter (Piskei Corona #22)]</ref><br />
<br />
==[[Fast Days]]==<br />
<br />
#If the rabbis declare a half fast day until [[Chatzot]] according to Ashkenazim an individual can recite [[Anenu]] in Mincha Shemona Esrei<ref>Rama 562:1 writes that Ashkenazim hold that even for an incomplete fast one can recite anenu. Mishna Brurhah 562:48 references this Rama in discussing a fast that was accepted to fast until chatzot. The Mishna Brurah 562:7 cites a debate as to whether one should omit the words צום תעניתנו while reciting עננו in such a scenario as many poskim argue that a half fast is not considered a fast and therefore one would not want to risk speak falsely, particularly when he is speaking to Hashem.<br />
<br />
*[https://www.theyeshivaworld.com/news/israel-news/1841977/hagaon-harav-chaim-kanievsky-calls-to-fast-for-half-a-day-on-erev-rosh-chodesh.html Rav Chaim Kanievsky] declared a half fast on Erev Rosh Chodesh Nissan 5780.</ref> assuming he is still fasting when he prays Mincha.<ref>Mishna Brurah 562:6</ref> According to Sephardim one can only recite anenu if one fasts the entire day.<ref>Shulchan Aruch 562:10-11 holds that a incomplete fast is not considered a fast with respect to saying anenu. Therefore if one only fasts until chatzot one should not recite anenu.</ref><br />
#A person should accept the fast from the day before, as is traditionally done at mincha time. If one didn't do so, according to Sephardim one shouldn't recite anenu, but according to Ashkenazim one can recite anenu.<ref>Shulchan Aruch and Rama 562:5</ref><br />
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==Mezuzah==<br />
<br />
#A person should not kiss any mezuzah, or any siddur or chumash of a shul or a public area at this time because of concern of spreading COVID19.<ref>[https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)], [https://www.jpost.com/israel-news/chief-rabbi-of-israel-due-to-coronavirus-stop-kissing-the-mezuzah-619753 Chief Rabbi Rabbi David Lau]</ref><br />
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==Shalom Bayit==<br />
<br />
#It is critical to be mindful of other people when everyone is under stress and no one is completely comfortable. [https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Dr. Pelcovitz] discusses the implications quarantine can have Shalom Bayit.<br />
#It is forbidden for a couple to have [[tashmish]] at a night of famine<ref>Gemara Tanit 11a, Shulchan Aruch O.C. 240:12</ref> since everyone is in distress it is incumbent on everyone to take upon himself an aspect of distress.<ref>Mishna Brurah 574:9</ref> The same is true for any time of societal distresses.<ref>Rama 240:12 based on Yerushalmi Tanit. Olot Tamid 240:6 (cited by Kaf Hachaim 240:85) understands the Rama to apply to any type of tragedy that we would declare a fast over.</ref> Others disagree.<ref>Shaarei Knesset Hagedola (Hagahot Tur 240:5) writes that tashmish is only forbidden during a famine, plague of the crops, locusts and the like which cause a famine but not for other tragedies or troubles. Kaf Hachaim 240:85 rules like the Shaarei Knesset Hagedola either because that is the explanation of the Yerushalmi or we don't follow the Yerushalmi.</ref><br />
#It is permitted to have tashmish on mikvah night.<ref>Shulchan Aruch O.C. 574:11 writes that it is permitted for a couple to have tashish on mikva night. Mishna Brurah 574:11 cites the Magen Avraham who argues with Shulchan Aruch but then he cites the Bigdei Yesha and Nahar Shalom who are lenient and there's what to rely on to follow Shulchan Aruch. Mishna Brurah concludes that certainly one can be lenient at a time when it isn't a famine and it is just another time of distress in the world.</ref><br />
#It is permitted to have tashmish for a couple who didn't yet fulfill [[pru urevu]].<ref>Shulchan Aruch O.C. 240:12, 574:4, Mishna Brurah 240:47</ref> Once his wife is pregnant this leniency doesn't apply.<ref>Mishna Brurah 574:12</ref><br />
#If he has a strong yetzer hara and there is a concern of [[hashchatat zera]] it is permitted.<ref>Mishna Brurah 240:46</ref><br />
#There is what to rely upon to have tashmish at a time of war and there is no midat chasidut to be strict, especially for young couples even for someone who fulfilled pru urevu.<ref>Tzitz Eliezer 13:21</ref><br />
#During the time then the plague of corona virus is rampant in the world there is a lot to rely upon to have tashmish. Someone who wants to be strict can do so.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949166/rabbi-ally-ehrman/is-tashmish-hamitta-permitted-during-the-coronavirus-pandemic-/ Rabbi Ehrman on yutorah]. Rav Asher Weiss (Zoom Conference, March 22 2020, 11am, min 15) was lenient he said that the situation presently isn't one that rises to the level where we need to declare a fast. Also, since domestic violence recently has been on the rise because of the quarantines one shouldn't be strict in this area. </ref><br />
<br />
==Laid off Workers and Cancelled Contracts Because of Corona==<br />
<br />
#If there's a employee that is unable to work because of a societal or national crisis the employees should continue to be paid by the employers according to many opinions or at least they should make a compromise.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949287/rabbi-michoel-zylberman/coronavirus-and-laid-off-employees/ Rabbi Zylberman on yutorah]. Mordechai b"m 343 writes that if there's a decree in the town that the teachers can't teach the teachers should still be paid. Rama C.M. 321:1 cites this Mordechai and applies it to any worker in 334:1. The Sama 334:2 argues with the Mordechai and holds that since the employee can't work and both aren't at fault and both couldn't foresee this the employer is exempt. Netivot 334:1 limits the idea of the Mordechai to a teacher and not other employers since a teacher is paid for sachar betela (see [[Laws_of_Learning_Torah#Taking_Money_for_Learning_and_Teaching_Torah]]). Shach 334 holds that this opinion of the Mordechai only applies if majority of the town ran away because of a crisis but if only a minority runs away then the employee isn't entitled to payment. Aruch Hashulchan 334:10 has another approach. If the situation prevents the worker from working then he is entitled to pay but if he runs away then he isn't. Rabbi Zylberman explained from Mishpat Poalim we think that this is a case of Hamotzei Mchavero Alav Harayah, whoever is holding onto the money can claim that he is exempt from paying or returning the money. Rav Asher Weiss in Minchat Asher 2:106 says that they should make a compromise, and Rav Bleich ([https://www.sefaria.org/Contemporary_Halakhic_Problems%2C_Vol_IV%2C_Chapter_XIV_The_Intifada_and_the_Gulf_War.35?lang=bi&with=all&lang2=en Contemporary Halachic Problems v. 4]) thinks that we follow the Rama. Once the Chatom Sofer had a case in his town and he felt that they should pay but he couldn't force everyone to pay it so he told them to pay half. Rav Yona Reiss had a case where they made a compromise. <br />
<br />
*Rav Asher Weiss (Zoom Conference, March 22 2020, 11am, min 21-25) thought that one should compromise and give the workers who aren't working 30% of their pay. This applies Jewish and non-Jewish workers. This is based on the Rama and Sama CM 221. As for the day schools and daycares that are closed and not providing services one theoretically should be exempt. Since it might be devastating to the schools one needs to wait until the government makes a decision. Either way, we should wait until there is a major decision from the government or authorities and follow that. Until then for the schools we should pay so that the teachers can have a salary for their [[parnasa]].</ref><br />
#This applies to contractors for cancelled events as well.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949287/rabbi-michoel-zylberman/coronavirus-and-laid-off-employees/ Rabbi Zylberman on yutorah]</ref><br />
#If someone rented out an apartment to someone and then he wants to retract because of a concern that the potential tenants have the virus, some say that it is forbidden to back out of the contract.<ref>[http://kol-barama.co.il/item/%D7%A4%D7%99%D7%A7%D7%95%D7%97-%D7%A0%D7%A4%D7%A9-%D7%A7%D7%95%D7%A8%D7%95%D7%A0%D7%94-%D7%A2%D7%A4%D7%99-%D7%94%D7%94%D7%9C%D7%9B%D7%94/ Rav Yakov Sinai] based on Rama in teshuva, Shach CM 312 and other sources</ref> The same is true of a hotel or pesach program that was cancelled.<reF>[https://www.yutorah.org/lectures/lecture.cfm/951789/rabbi-hershel-schachter/piskei-corona-27-the-importance-of-tzedaka-and-chesed/ Rav Schachter (Piskei Corona #27)] writes that it is important to reach a peshara, compromise, with respect to the question of how much a person should be paid in return for the pesach programs that were cancelled.</ref><br />
<br />
==Yeshiva Tuition==<br />
See previous section about the background for this question.<br />
# Even though the question of whether a person should pay tuition while it is closed is subject to debate a person should make sure to pay in full as the yeshivot do not have enough money and it is critical to give tzedaka at this time, which is a great merit to protect oneself from any danger.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951789/rabbi-hershel-schachter/piskei-corona-27-the-importance-of-tzedaka-and-chesed/ Rav Schachter (Piskei Corona #27)</ref><br />
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==[[Bikur Cholim]]==<br />
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#A person doesn't have to and shouldn't visit someone who has a virus that contagious such as corona.<ref>[http://kol-barama.co.il/item/%D7%A4%D7%99%D7%A7%D7%95%D7%97-%D7%A0%D7%A4%D7%A9-%D7%A7%D7%95%D7%A8%D7%95%D7%A0%D7%94-%D7%A2%D7%A4%D7%99-%D7%94%D7%94%D7%9C%D7%9B%D7%94/ Rav Yakov Sinai (min 3)] explains that although the Rama in a teshuva and Knesset Hagedola hold that one should visit the sick even if they have a contagious disease, the Shulchan Gavoha and others disagree and that is the halacha.</ref><br />
#A person fulfills the mitzvah of bikur cholim on the phone according to many poskim.<ref>[https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Shlomo Aviner (Keter Yitnu Lecha p. 34)] citing Igrot Moshe YD 1:223 and Tzitz Eliezer 8:5. Rav Aviner added that the main idea of bikur cholim is to do what is best for the patient and in our context that is to call.</ref><br />
# Someone who is praying for a mortally ill patient to get better and doesn't know if he is still alive should pray for his well-being and not specifically for him to get better.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951537/rabbi-hershel-schachter/piskei-corona-25-davening-for-the-sick/ Rav Schachter (Piskei Corona #25)]</ref><br />
<br />
==Burial and Mourning==<br />
===Burial===<br />
#Each place should follow the guidelines that are in place for safety. If a minyan isn't possible, then the next thing that is to try to have is Jews doing the burial. If they don't even let that, then afterwards a Jew should check that the burial by the non-Jews was done properly in the ground.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 26-8)]. [https://www.yutorah.org/sidebar/lecture.cfm/951298/rabbi-hershel-schachter/piskei-corona-20-tahara-for-meisim/ Rav Schachter (Piskei Corona #20)] said that they should specifically have as few people as possible for the burial and maybe just the workers and that too fulfills the mitzvah of burial.</ref> It is forbidden to cremate and it is still considered not dangerous to properly do a burial with no tahara and minimal involvement of the fewest people or simply the cemetery workers.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951298/rabbi-hershel-schachter/piskei-corona-20-tahara-for-meisim/ Rav Schachter (Piskei Corona #20)]</ref><br />
#At this time the chevra kadisha should not perform a tahara for the deceased since it could lead to danger.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951298/rabbi-hershel-schachter/piskei-corona-20-tahara-for-meisim/ Rav Schachter (Piskei Corona #20)]</ref><br />
# A person who was buried in America because of the corona virus but was planned to be buried in Israel can later when the virus isn't an issue be reburied in Israel, even though generally we don't rebury someone who was buried.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)]</ref> See the topic of [[Laws_and_Customs_of_a_Funeral#Under_What_Circumstances_is_it_Permitted_to_Move_Someone_Buried.3F|reburying a corpse]] in general.<br />
#Regarding burials on Yom Tov and Yom Tov Sheni, see [https://www.yutorah.org/lectures/lecture.cfm/951790/rabbi-hershel-schachter/piskei-corona-28-guidelines-for-burial-on-shabbos-and-yom-tov/ Rav Schachter's Guidlines for burial on Shabbat and Yom Tov]<br />
<br />
===Kriyah===<br />
#The rabbi could do the [[Kriyah]] for the mourner with gloves and a mask or he can simply tell the mourner to do it.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Willig (min 29)]</ref><br />
===Avelut===<br />
# A person who is no going to be involved in the burial anymore because the deceased was given to the chevra kaddisha then he is not considered an [[Onen]] anymore and should begin [[Avelut]] (mourning). However, if he is going to call relatives to tell them about the levaya then he is still an [[Onen]].<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)]</ref>. If he is going to watch the burial with Zoom or listen on the phone it is unclear if he is still an Onen.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)] isn't certain if a person involved in the burial merely because he is watching via Zoom is still considered an Onen. [https://www.yutorah.org/sidebar/lecture.cfm/839779/rabbi-asher-bush/%d7%94%d7%aa%d7%97%d7%9c%d7%aa-%d7%90%d7%91%d7%99%d7%9c%d7%95%d7%aa-%d7%9c%d7%9e%d7%99-%d7%a9%d7%90%d7%99%d7%a0%d7%95-%d7%a0%d7%9e%d7%a6%d7%90-%d7%91%d7%a7%d7%91%d7%95%d7%a8%d7%aa-%d7%90%d7%91%d7%99%d7%95-%d7%95%d7%9e%d7%a9%d7%aa%d7%aa%d7%a3-%d7%a2-%d7%99-%d7%94%d7%98%d7%9c%d7%a4%d7%95%d7%9f/ Rav Asher Bush] wrote based on MPeninei Harav p. 202 that he considers someone phoning into a burial to not be an Onen unless they're going to ask him questions about the burial.</ref><br />
# On [[Erev Pesach]] if someone is buried before [[Chatzot]] (midday) the relatives should observe [[Avelut]] (mourning) before Chatzot and then at Chatzot it is considered like a Yom Tov and the rest of the [[Shiva]] is cancelled. If the person is buried after [[Chatzot]] they should observe Avelut before Yom Tov and then the Yom Tov will come and cancel the rest of [[Shiva]].<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)]</ref><br />
# A mourner shouldn't eat his first meal after the burial, the [[Seudat Havrah]], from his own food; other should provide that food. If at this time when people are concerned for COVID19 and might not send food, if the mourner knows that he isn't going to be sent food, he can eat the first meal from his own food.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)]</ref><br />
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===Kaddish and Iyluy Neshama===<br />
# Under the circumstances a person can not recite the kaddish because minyanim aren't available. Therefore, a person should take upon himself to learn mishnayot for the deceased.<Ref>Rav Asher Weiss (Minchat Asher Corona pp. 58-9)</ref><br />
See [[Practices_in_the_Mourner%27s_House#Iyluy_Neshama]] and [[Kaddish]] pages.<br />
<br />
==[[Kibbud Av Vem]]==<br />
<br />
#If one's parents ask him to do something which the department of health has deemed unsafe a person should not listen to his parents in such a case and that isn't a breach of Kibbud Av Vem.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-2-Mar-25-2020.pdf Rav Schachter (Teshuva Adar 29 5780)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
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==Violating Shabbat for [[Pikuach Nefesh]]==<br />
'''On Shabbat or Yom Tov, if anyone has any concern whatsoever that they are in serious danger because of deteriorating health, they should immediately call a doctor or [[Going_to_and_Staying_in_the_Hospital_on_Shabbat|go to the hospital]].'''<br />
#It is a well established halacha that it is not only permitted but even a mitzvah to violate [[Shabbat]] in order to safe a life or to remove a situation that presents even a slight chance of danger.<ref>Shulchan Aruch O.C. 328:13</ref> The question is how to define the threshold of danger.<ref>[http://nleresources.com/2020/03/rav-asher-weiss-coronavirus-in-halacha/#.XnoNOIjYrIU Rav Asher Weiss (March 15 2020, min 18-22) to Beit Midrash Gavoha] explained that the definition of danger in order to violate Shabbat isn't defined by statistics. For vaccinations we assume that it is a sakana not to vaccinate even though the odds of dying because of the measles is low. Since it is preventable it is incumbent upon us to vaccinate. He concludes that as long as it is a natural phenomenon and there is an action that we can do to prevent deaths we must do so.</ref><br />
#In certain cases of emergency regarding corona virus it would be allowed to violate Shabbat.<ref>[https://www.theyeshivaworld.com/news/headlines-breaking-stories/1841156/harav-zilberstein-answer-telephone-on-shabbos-if-awaiting-results-of-coronavirus-test.html Rav Zilberstein] allowed a patient to answer the phone on Shabbat with a [[shinuy]] only to hear the results of a test and answer questions for epidemiological investigation. If the test results that show that a patient has the virus are produced on Shabbat it is incumbent for the health department to deal with the quarantine then and it is permitted to answer the phone for that.</ref> Obviously every single case is different and one should learn the laws of Pikuach Nefesh from a rabbi in advance.<br />
#If a person is discharged from the hospital on Shabbat and they need him to leave because of the lack of space that they have because of the numbers of people who are ill, his family member can drive to get him. They should do a [[Shinuy]] when turning on the car like turning the key with one's weaker hand, or pressing the button on the key with one's knuckle. Also, when turning off the car one should use a Shinuy.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950282/rabbi-hershel-schachter/piskei-corona-6-pikuach-nefesh-on-shabbos/ Rav Schachter (Piskei Corona #6)]</ref><br />
# If a relative is in the hospital and the family members would call the hospital that would indicate to the doctors and nurses that the family cares and the patient will receive better treatment, it is permissible to do so on Shabbat or Yom Tov.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951791/rabbi-hershel-schachter/piskei-corona-29-calling-the-hospital-on-shabbos-or-yom-tov-to-advocate-for-relatives/ Rav Schachter (Piskei Corona #29)]</ref><br />
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==Doctors Working in the Hospital==<br />
#Regarding the larger issue of halachic triage see [https://www.yutorah.org/lectures/lecture.cfm/951531/rabbi-hershel-schachter/piskei-corona-15-triage-in-medical-decisions-updated-/ Rav Schachter (Piskei Corona #15 Updated)]. Here is a relevant [https://docs.google.com/document/d/1CtQ_XHzQarzg_0PEQODCO1ATKlM_cEmvPsXa8kdpgJA/edit sourcesheet on Halachic Triage]. [https://aiayk.org/pesachaudio/ Rav Asher Weiss (Teleconference April 6 2020, min 5-15)] discusses triage in halacha and what doctors should do.<ref>Rav Asher feels that there are only two factors that we consider for halachic triage: give precedence to someone who is in immediate danger, and give treatment to whoever has a better chance for survival. Age or spiritual need for the community are not factors for precedence. <br />
* Rav Asher says that for choleh shebifanenu the knowledge that another choleh is going to come in soon is considered pikuach nefesh if will with certainty be helpful. Therefore, if an older patient comes into the hospital but they know a younger patient is going to come in, they can consider them as though they came in together and treat according to who is in immediate danger and who has the better chance to live. Rav Schachter felt the same way in his teshuva.<br />
* If a hospital has a certain regulation, does he need to disregard the hospital protocols? Rav Asher Weiss felt that the doctors should not disregard hospital protocol, for multiple reasons but partly because if he doesn't he'll lose his license and having more able doctors at this time is pikuach nefesh.<br />
* Pulling a patient off a ventilator because someone entered the hospital who has a better chance of living, Rav Asher (min 27) felt is forbidden. Rather the doctor should say that he feels uncomfortable to do this and should let another doctor do it. Rav Schachter felt that one should try to convince the older patient to sign a DNR at that point in order to save the younger patient. </ref><br />
# A doctor may and is encouraged to perform a life saving procedure if he is wearing the correct protective gear.<ref>[https://aiayk.org/pesachaudio/ Rav Asher Weiss (Aguda Teleconference, April 6, 2020, min 18-22)] explains that you can’t put yourself in danger. However, you can if you’re saving someone from an immediate danger and you’re putting yourself in minimal danger then it is a middat chasidut to do so. Therefore, a doctor should do mechanical ventilation CPR on a COVID19 patient if he has the correct protective gear.<br />
* Rav Asher (min 33) allowed sharing ventilators when the doctors see fit in order to save another life because moving a patient from a single ventilator to a shared ventilator isn't considered doche nefesh mipnei nefesh since it isn't proven to be dangerous to use a shared ventilator. He also cited the Chazon Ish regarding turning the arrow to the side killing fewer people to save more people.<br />
* Rav Asher (min 38) said that a doctor who isn't in that particular field or is retired or has vacation doesn't have to volunteer but his doing so would be a middat chasidut. However, if he is endangering himself such as if he's over 70, he is immune compromised, or has a family member who is, then he shouldn't volunteer.</ref><br />
# A doctor returning from the hospital on Shabbat and needs to shower for health reasons so as not to catch the corona virus on his body or clothing, may do so. If he can manage with a cold shower, he should do so. If he can't, he may turn on the hot water with a [[shinuy]].<Ref>[https://www.yutorah.org/lectures/lecture.cfm/951538/rabbi-hershel-schachter/piskei-corona-26-showering-when-returning-home-from-the-hospital-or-the-mikvah-on-shabbos-or-yom-tov/ Rav Schachter (Piskei Corona #26)]. See there for how he distinguishes this from the woman returning from the mikveh on Shabbat.</ref><br />
<br />
==[[Mesira]] and Rodef==<br />
<br />
#If your doctor actually ascertains that there is a sakanat nefashot, mortal danger, involved with a certain large gathering that someone is doing then it is permitted to tell the authorities. However, otherwise it is forbidden because of informing upon another Jew ([[mesira]]). This can be a very difficult measure to actually properly assess.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Willig (min 41)]</ref><br />
#Some hold that if a person is supopsed to be in quarentine and they are not they are considered a rodef. However, obviously one should first speak to him and convince him to do what is safe.<ref>[https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 36)] citing Rav Zilberstein</ref><br />
<br />
==Links==<br />
<br />
*[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal Q&A about Corona]<br />
*[https://rabbidunner.com/coronavirus-qa-with-rav-hershel-schachter/ Transcription of Q&A with Rav Schachter by Rabbi Dunner]<br />
*[https://www.theyeshivaworld.com/news/featured/1839350/no-shul-yeshivas-shabbos-guests-levayos-shiva-vaad-harabanim-of-bergen-county-releases-letter.html RCBC letter calling for the closing of Shuls and Schools]<br />
*[http://www.torahweb.org/ TorahWeb] hosts many resources for Corona halacha including Rav Schachter's Teshuvot<br />
*[http://www.kolcorona.com/ KolCorona.com] a Torah resource, initiated by Rabbi Reuven Taragin, for those affected by Corona<br />
<br />
==Sources==<br />
<references /><br />
[[Category:Orach Chaim]]</div>YitzchakSultanhttps://halachipedia.com/index.php?title=Halachot_Related_to_Coronavirus/COVID-19_Pandemic&diff=25528Halachot Related to Coronavirus/COVID-19 Pandemic2020-04-08T15:57:59Z<p>YitzchakSultan: /* Laid off Workers and Cancelled Contracts Because of Corona */</p>
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<div>[[Image:3D medical animation corona virus.jpg|right|300px]]<br />
All rabbinim agree that one should be cautious with all the health guidelines and social distancing<ref>[https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 34)] interestingly describes the sources in general about the Jewish view on handshaking and whether it is a [[Chukot Hagoyim]]. The poskim hold that in it isn't however, at this time it is forbidden because of the health concerns.</ref> set up by the government and other local institutions in order to stay safe and help prevent getting others sick.<ref>[https://www.torahanytime.com/#/lectures?v=104843 Rav Yitzchak Yosef], [http://www.torahweb.org/torah/docs/rsch/RavSchachter-with-doctors_Mar-15-2020.pdf Rav Hershel Schachter], Rav Asher Weiss (Teleconference March 22 2020), [https://www.ou.org/covid19/ OU (March 20 2020)], [https://www.torahanytime.com/#/lectures?v=106099 Rav Shmuel Fuerst (min 53)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal], [https://www.jpost.com/israel-news/leader-of-ultra-orthodox-world-calls-for-lone-prayer-due-to-coronavirus-622805 Rav Chaim Kanievsky], [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Shlomo Aviner (Keter Yitnu Lecha p. 34)], and RCBC letters. An article on [https://www.kikar.co.il/abroad/354170.html kikar.co.il] describes how the gedolim are currently davening privately including: the Gerre rebbe, Rav Shalom Kohen, Rav Gershon Edelstein, Rav Moshe Shternbuch, Rav Yitzchak Yosef, Sanser Rebbe, Rav Bakshi Doron, Rav Dovid Yosef, Bavian Rebbe, and Rav Sheiner.<br />
<br />
*Endangering Oneself to Learn Torah: Ketubot 77b records and praises the practice of Reish Lakish to teach Torah to those ill with tzarat, some translate as leprosy, even though it is contagious. The gemara explained that he did so out of his love for Torah. Daf Al Hadaf cites Mishnat Pikuach Nefesh 69:7 who asks how Reish Lakish could endanger himself and rely on a miracle. He answers that the disease he was concerned with was only dangerous to health but not life threatening.</ref> Coronavirus, as it causes a serious health threat to some people, inhibits any social gatherings and semachot, and has severely damaged the economy and livelihood of certain people, poses a serious challenge to everyone. We all need to daven and take advantage of the circumstances in order to best serve Hashem. As a thoughtful Jew, it is incumbent upon a person to take to heart some important lessons of life and re-strengthen himself in his commitments. <ref>Rambam Taniyot 1:1-3, [https://www.torahanytime.com/#/lectures?a=105844 Rav Reuven Epstein] emphasizes that we need to take a lesson from corona since it overtly a hardship for Jews and humanity and a sign from Hashem. [https://www.yutorah.org/lectures/lecture.cfm/949185/rabbi-menachem-penner/shema-everything-is-from-hashem/ Rabbi Penner] discussed how we can revitalize our strength in mitzvot at this time based on better appreciating the lessons of Shema. Rav Asher Weiss (Teleconference March 22, 2020) introduced his shiur by discussing how we can strengthen our commitment to [[Ben Adam Lchavero]]. [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha)] wrote many lengthy pieces on the hashkafic questions related to COVID19.</ref> Additionally, on a practical level, COVID19 has many implications for people, and below is a small collection of the relevant halachot.<br />
<br />
==[[Tefillah]]==<br />
When davening at home one should be cognizant of the following ideas:<br />
<br />
#The best time to pray is Netz. According to many poskim this is equivalent to praying with a minyan.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz], Laws of Praying Beyachid (Adar 5780) by Rabbi Yonatan Nacson p. 1 citing Yalkut Yosef 89:1</ref><br />
#A person should daven in a [[makom kavuah]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] and [https://www.star-k.org/videos.php Rabbi Moshe Heinemann around minutes 5-7]</ref><br />
#A person should daven in front of a wall so that there's no distractions in front of him.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]</ref><br />
#A person can and should daven near a window that serves as a means of being inspired to look towards heaven.<ref>Shulchan Aruch 90:4 writes that there should be windows in a place where one davens. [https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] suggested that the same should be done for when we daven at home to daven in a place where there is a window.</ref><br />
#A person can daven [[Shemona Esrei]] aloud if it helps his kavana. It also serves as a role model for children.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]</ref><br />
#A person shouldn't daven in a room that is usually used for frivolity.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]</ref><br />
#A person shouldn't daven in front of an open bathroom.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]</ref><br />
#At a time of a plague such as our times it is advisable to say [[ketoret]] which has the power to end a plague.<ref>Laws of Praying Beyachid by Rabbi Nacson p. 2, [https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] citing Rabbi Akiva Eiger teshuva 71</ref><br />
#According to some, at this time a person should recite Avinu Malkenu in [[Shacharit]] and [[Mincha]],<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] quoting Rav Schachter</ref> while others emphasize how one must focus on Teshuvah and reciting all parts of the regular seder haTefillah first.<ref>[https://www.torahanytime.com/#/lectures?v=104864 Rav Bention Mutzafi (55:10)]</ref> Avinu Malkenu should not be recited during [[Nissan]].<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal] stated that one should not recite Avinu Malkenu during Nissan. See Divrei Yatziv OC 75 for different minhagim about saying Avinu Malkenu during Nissan. See discussion page.</ref><br />
#Eating a meal before davening when the time comes to daven a certain tefillah should be avoided since generally we are lenient about this since we go to established minyanim but for when that isn't possible we should be more strict about this.<ref>Mishna Shabbat 9b, [https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]. [https://www.star-k.org/videos.php Rabbi Moshe Heinemann] around minutes 5-7 says that if one sets an alarm, that should be sufficient</ref> See details here about [[Eating before Davening| eating]] and [[Other Activities before Davening| doing activities before davening]].<br />
#When davening as a family, in a temporary fashion, some hold that it isn't necessary to have a [[mechitza]] and the men and women can simply daven on different sides of the room.<ref>Igrot Moshe 5:12:1 writes that regarding a Shabbos Sheva Brachos since it is just the family and it is a temporary situation no mechitza is necessary.</ref> See [[Mechitza]] for more details.<br />
#A person shouldn't forget to recite [[Birkat Halevana]] by themselves when they see the moon. It can be said from indoors. See [[Birkat Halevana]] page for details.<br />
<br />
===Parts of Davening to Skip===<br />
<br />
#On Friday night an individual doesn't recite [[Shabbat_Davenings#Me.27ayn_Sheva |Magen Avot]] after Shemona Esrei of Maariv.<ref>Laws of Praying Beyachid p. 10 citing Shulchan Aruch O.C. 268:8</ref> However, one should recite Vayechulu.<ref>[https://vimeo.com/399141271 Rabbi Moshe Heinemann] at around 24:45. At around 34 minutes, he clarifies that this can be done even by yourself, though normally we try to say it with at least two </ref><br />
#One doesn't recite [[Baruch Shemey]] when praying by oneself since it is part of the activity of removing the Sefer Torah.<ref>Mishna Brurah 134:13</ref><br />
<br />
==Minyan via Porches or Technology==<br />
<br />
#It is forbidden to have a minyan in person whether it is in a shul, shteibel, home, or backyard.<ref>[https://www.ou.org/covid19/ OU]. [https://www.yutorah.org/lectures/lecture.cfm/950656/rabbi-hershel-schachter/piskei-corona-14-forming-a-minyan-outside/ Rav Schachter (Piskei Corona #14)] writes that a person shouldn't try to make a minyan on his lawn spread out even if there's a small remote chance of spreading the virus. He also held that making a minyan with ten people standing on different balconies or porches doesn't count as a minyan. [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)] writes that certainly a person should not attend a minyan because of the danger and one may not rely on the zechut of a minyan to protect him, one needs to be safe. </ref><br />
#If there ten people standing on their own porches and can see one another, some say that one can not create a minyan in such a manner, while others hold that one can.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950656/rabbi-hershel-schachter/piskei-corona-14-forming-a-minyan-outside/ Rav Schachter (Piskei Corona #14)] holds that it isn't a valid minyan. However, Rav Shternbuch (teshuva Nissan 8 5780) held that it is a valid minyan. To satisfy all the opinions the shaliach tzibur should have in mind that when he does chazarat hashatz that he could be praying a voluntary tefillah. They can't join if they're across the street and within ten tefachim of the ground. The shaliach tzibur needs to be able to see everyone. For kriyat hatorah that is done with porches initially one should call up the baal koreh or anyone on his porch, then one can even call up to an aliya someone on another porch as long as he can hear the baal koreh. The kohanim should leave before retzah because they can't say birkat kohanim. Someone davening alone doesn't have to hear kriyat hatorah since it is an obligation of the community and not individual. Rav Asher Weiss (Teleconference with Aguda, April 2 2020) was also inclined to hold that it is possible to make a minyan with people on porches who can see each other.<br />
<br />
*Mishna Brurah 55:48 based on Rashba responsa 1:96 holds that one can learn from the laws of zimmun that if people can see each other they can join for minyan.</ref><br />
#You can't create a minyan with a video (e.g. zoom or skype) or phone call but one can join a minyan of ten men in one room with a video or phone call in order to answer [[dvarim shebekedusha]].<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)], Rabbi Nacson in Laws of Praying Beyachid p. 4 based on Yalkut Yosef 5775 ed Yamim Noraim p. 17, Yabia Omer 1:19:18, Chazon Ovadia Purim p. 56</ref><br />
#It isn't considered a minyan for people to join together to daven on a video conference but it is still somewhat spiritually valuable.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)]</ref><br />
<br />
===Answering [[Amen]]===<br />
<br />
#Even if there is a time delay between the person reciting the bracha and the one answering it that wouldn't be considered an [[Amen Yetoma]].<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)], [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)], Rabbi Nacson in Laws of Praying Beyachid p. 4 based on Yalkut Yosef 5775 ed Yamim Noraim p. 17, Yabia Omer 1:19:18, Chazon Ovadia Purim p. 56</ref><br />
<br />
===Megillah===<br />
<br />
#There is a major dispute if a person could fulfill their mitzvah of listening to the megillah on the phone or through watching a live streamed video. Some rabbanim advised this,<ref>Rav Schachter cited by [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)] and Rav Aviner agreed.</ref> while others hold that one can't fulfill one's mitzvah at all.<ref>Rav Dovid Feinstein cited by [http://podcast.headlinesbook.com/e/coronavirus-what-the-halacha-tells-us/ Rabbi Fink] and [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)]</ref> See this topic explained more fully here: [[Brachot_Through_a_Microphone]].<br />
<br />
==Netilat Yadayim==<br />
<br />
#If a person wants to wash his hands with soap and wash [[Netilat Yadayim for a meal]], one should first wash Netilat Yadyaim for the meal, dry the hands, recite the bracha, and then wash one's hands with soap and then recite the Hamotzei.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Willig (min 30-34)]</ref><br />
<br />
==Shabbat Davening==<br />
===Friday Night===<br />
#Although the reason for reciting Shalom Alechem on a Friday night is that the angels accompany you home from shul and you welcome them to your home, if one was unable to attend shul on a Friday night, he would still sing Shalom Alechem.<ref>[https://vimeo.com/399141271 Rabbi Moshe Heinemann] at around 28:30 in the name of Rav Moshe Feinstein, because Hashem will not punish you by not sending the angels when you weren't able to attend</ref><br />
===Davening for the Sick===<br />
# It is generally prohibited to daven on Shabbat for our needs or for the well-being of a sick person. However, if the person is in a state of mortal danger one may daven for his well-being on Shabbat.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951537/rabbi-hershel-schachter/piskei-corona-25-davening-for-the-sick/ Rav Schachter (Piskei Corona #25)]</ref> See [[Shabbat_Davenings#Personal_Requests]] for all of the details of this topic.<br />
<br />
===[[Kriyat Hatorah]]===<br />
#A person who is at home and can't be at shul should nonetheless read the parsha from a chumash between Shacharit and Mussaf as a way of remembering the concept of kriyat hatorah. He can use that reading as part of his reading of [[Shenayim Mikra Vechad Targum]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] quoting Rabbi Willig. [https://www.star-k.org/videos.php Rabbi Moshe Heinemann] around minutes 7-10 agrees that you should do so on Shabbat, but that it is not necessary on Monday and Thursday. </ref> Some think this doesn't accomplish anything.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950291/rabbi-hershel-schachter/piskei-corona-8-krias-hatorah/ Rav Schachter (Piskei Corona #8)]</ref><br />
#When the congregation misses a kriyat hatorah they can make it up by reading two parshiyot next week in Shul. However, if they miss multiple weeks there is a discussion if they should or could make up all of the parshiyot that they missed.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] based on Rama and Magen Avraham</ref><br />
#A person should not move a sefer torah out of a Shul for a home minyan.<ref>[https://drive.google.com/file/d/14IUOs2OOMhloqYwnbv3iKGrWS6GbYGId/view?usp=drivesdk Rabbi Yonatan Nacson in Laws of Praying Byachid (p. 10)] citing Rav Asher Weiss</ref> See [[Respecting_a_Sefer_Torah#Transporting_a_Sefer_Torah]] for more details.<br />
#There still is an obligation of [[Shenayim Mikra Vechad Targum]] when the there is no congregation doing the Kriyat Hatorah in shul.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950291/rabbi-hershel-schachter/piskei-corona-8-krias-hatorah/ Rav Schachter (Piskei Corona #8)</ref><br />
#One doesn't recite [[Baruch Shemey]] when praying by oneself since it is part of the activity of removing the Sefer Torah.<ref>Mishna Brurah 134:13</ref><br />
===Anim Zemirot===<br />
# A person davening alone doesn't have to recite Anim Zemirot.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951536/rabbi-hershel-schachter/piskei-corona-24-anim-zmiros-without-a-minyan/ Rav Schachter (Piskei Corona #24)] explains that anim zemirot was instituted only for a minyan, and according to Rav Soloveitchik was considered a [[dvar shebekedusha]].</ref><br />
<br />
==[[Hagomel]]==<br />
<br />
#A person who was quarantined and got out of quarantine doesn't recite Hagomel since they were in no danger.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
#A person needs to recite [[hagomel]] in front of a [[minyan]] of ten men. Some suggest that this can be recited before ten people listening on a video or phone call and can answer amen. Even though they aren't present, the minyan in this context is purely to publicize the idea so it is permissible.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)]</ref> Others disagree and as long as the minyan isn't in the same room one can not recite hagomel.<ref>Divrei Dovid 4:3</ref><br />
#According to Ashkenazim, if a person is ill with a sickness to the point that he is a choleh sheyesh bo sakana, a concern of mortal danger, he should recite Hagomel, but if he less sick than that there is no need to recite Hagomel.<ref>Rama 219:8, [http://nleresources.com/2020/03/rav-asher-weiss-coronavirus-in-halacha/#.XnoNOIjYrIU Rav Asher Weiss (March 15 2015, min 11)]</ref> Sephardic tradition is to recite Hagomel anytime someone was sick in bed such as with a flu or bad cold even for a short period of time.<ref>[https://itorah.com/global-search/birkat%20hagomel Rabbi Mansour ("Saying Birkat Hagomel Within 3 Days and Laws of Birkat Hagomel Following A Sickness")]</ref><br />
<br />
==[[Bedikat Chametz]] and [[Biur Chametz]]==<br />
<br />
#A person should do bedikat chametz after praying by oneself at Tzet Hakochavim and then immediately begin the bedika. They should not have a meal within a half hour of the bedika.<ref>[https://www.torahanytime.com/#/lectures?v=106099 Rav Shmuel Fuerst (min 1-5)],[https://www.yutorah.org/sidebar/lecture.cfm/950401/rabbi-dan-cohen-rabbi-meir-gavriel-elbaz/pesach-prep-simplified/ Rav Meir Elbaz (min 17-8)]</ref><br />
#Because one can't do a large communal Chametz burning because gatherings aren't safe and even doing it with a few people at a time can look to non-Jews as unsafe. Rather one should just do biur chametz with a Kezayit by flushing it down the toilet.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-3-Mar-26-2020.pdf Rav Herschel Schachter (teshuva Rosh Chodesh Nissan 5780)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]. [https://www.jpost.com/Israel-News/Chief-Rabbis-Dont-leave-home-to-burn-chametz-for-Passover-623072 Rav Yitzchak Yosef and Rav David Lau] said that one should not go outside to burn chametz or kasher pots.</ref><br />
#A person should sell chametz in the house or office if he left there before he had the chance to do a bedikat chametz. By selling the chametz there he is absolving himself of having to do bedikat chametz.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/950401/rabbi-dan-cohen-rabbi-meir-gavriel-elbaz/pesach-prep-simplified/ Rav Elbaz (min 26)], Rav Asher Weiss (Teleconference, March 29 2020 11am)</ref><br />
<br />
==Selling [[Chametz]]==<br />
<br />
#If a person doesn't usually [[sell chametz]] and is afraid that if he doesn't sell chametz one year he isn't going to have food afterwards he can sell his chametz. He wouldn't require a [[hatarat nedarim]].<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (min 20)], [https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 9-11)]. [http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-3-Mar-26-2020.pdf Rav Herschel Schachter (teshuva Rosh Chodesh Nissan 5780)] explained the reason why the hatarat nedarim isn't necessary. [https://vimeo.com/399141271 Rabbi Moshe Heinemann] at around 46:45 agrees that if there is a big loss one can be lenient and sell chametz and it would not require hatarat nedarim, although he isn't so sure that it would be a big loss to an individual.</ref><br />
#A person can sell his chametz on the phone or online and if possible a kinyan can be made virtually in order to appoint the rabbi to sell the chametz. The kinyan would take place as follows: the rabbi would ask if there's someone standing next to the one who wants to appoint the rabbi and if there is then that person can give a pen or a utensil to the one who wants to appoint the rabbi as his shaliach. This is considered a valid kinyan between the person standing there and the one who wants to appoint the rabbi on behalf of the rabbi to be appointed. If that isn't feasible it isn't necessary. Nonetheless, one could stipulate in the document that this appointment of the rabbi is done with the full knowledge of its legal ramifications and it is accepted completely.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-1-Mar-24-2020.pdf Rav Hershel Schachter (Teshuva dated 28 Adar 5780 p. 2)], Nefesh Harav p. 179, [https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (min 1-5)] explained that the minhag is to make a kinyan to appoint a someone to sell something for you. This is classically done with a handing of a handkerchief from the rabbi to the one selling chametz. However, when they call on the phone that isn't possible. The Steipler held in such a case it isn't necessary to be careful about that minhag and simply have the person orally declare that he appoints the rabbi. However, Rav Soloveitchik felt that we should try to fulfill the minhag in any event. How can it be fulfilled? One can have someone standing in the room next to the person on the phone give something to the person on the phone on behalf of the rabbi. That is an effective halachic kinyan on behalf of the rabbi (see Kiddushin 7a). [https://www.torahanytime.com/#/lectures?v=106099 Rav Shmuel Fuerst (min 10)] explained that one can appoint the rabbi to sell his chametz online. Rav Asher Weiss (Minchat Asher Corona p. 66) agrees. [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal] allowed appointing the rabbi online if he is a talmid chacham.</ref><br />
#There is no issue with the selling of Chametz even though the Chametz is in a locked building or in a place that isn't accessible to the non-Jew because of the coronavirus situation.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950290/rabbi-hershel-schachter/piskei-corona-10-chametz-sheeno-birshuso/ Rav Schachter (Piskei Corona #10)]</ref><br />
#Some poskim allow ordering chametz on Pesach if one is certain that it will only be delivered after pesach.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951179/rabbi-hershel-schachter/piskei-corona-17-ordering-chametz-from-a-non-jew-on-pesach-to-arrive-after-pesach/ Rav Schachter (Piskei Corona #17)] explains that it isn't considered rotzeh bkiyumo, wanting the chametz to continue to exist, to order the chametz since one doesn't insist on any particular box of chametz that the company provides. However, one certainly may not acquire it with a kinyan such as picking it up or moving it. Even if it is delivered into one's property if one has intention not to acquire it, one doesn't acquire it. Yet, one can't even protect it since doing so is an issue of rotzeh bkiyumo. [https://yeshiva-university.zoom.us/rec/play/usAsduuh-283HoLAtASDAPZ9W9S0eq2s0igX-_pez0jkW3EFZFr1M7QRa7Qf9B_vOGt5lyO0vcW9I1-0?startTime=1585760529000&_x_zm_rtaid=CQsocm3ZRaq6pGgFL5OMGQ.1585880286593.75ff95374a21dbfc2f0c45524d508e2a&_x_zm_rhtaid=674 Rav Willig (April 1 2020, min 0-2)] agreed in technical terms.</ref><br />
<br />
==Buying for Pesach==<br />
<br />
#If you have raw chicken or raw meat you don't have to worry that it is chametz even if it was processed in a place where there was chametz. You can simply wash it off to solve any question.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 11-15)]</ref><br />
<br />
==Kitniyot==<br />
<br />
#Out of a concern of the coronavirus, this year some poskim permit taking vitamins which have additives of [[kitniyot]] in order to stay healthy and to strength one's immune system.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950289/rabbi-hershel-schachter/piskei-corona-7-kitniyos/ Rav Schachter (Piskei Corona #7)]</ref><br />
#Someone with Crohn's disease and needs to drink an enriched milk with kiniyot additives for his health can do so on Pesach. Also, he can do so within 6 hours after eating meat (see [[Waiting between Meat and Milk]]).<ref>[https://www.yutorah.org/lectures/lecture.cfm/950289/rabbi-hershel-schachter/piskei-corona-7-kitniyos/ Rav Schachter (Piskei Corona #7)]</ref><br />
<br />
==[[Kashering for Pesach]]==<br />
<br />
#Some poskim allow [[kashering a dishwasher]] for Pesach even though there are plastic and other materials in there that are questionable to kosher. One should wait 24 hours without using it and then use with just hot water and no soap. According to Ashkenazim this should be used to kosher it from Chametz but not from meat to parve or milk or vice versa.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-3-Mar-26-2020.pdf Rav Herschel Schachter (teshuva Rosh Chodesh Nissan 5780)]</ref><br />
#Some hold that one can kasher plastic, while others disagree. See on the [[Kashering_the_Kitchen_for_Pesach#Which_materials_can_be_kashered.3F]] page.<br />
<br />
==Pesach Davening==<br />
===Hallel Pesach Night===<br />
<br />
#There is a custom of Sephardic and some Ashkenazic communities to recite Hallel Pesach night in Shul. However, being that the current situation demands that a person needs to remain inside there is no way to fulfill this minhag and should not recite Hallel after davening. Rather one should only recite it at the Seder.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950285/rabbi-hershel-schachter/piskei-corona-9-hallel-on-pesach-night-and-tefillas-tal/ Rav Hershel Schachter (Piskei Corona #9)]</ref> Some Ashkenazic poskim would allow reciting a bracha.<ref>Rav Asher Weiss (Minchat Asher Corona p. 73-4) writes that a person who has the practice to recite the Hallel the night of the seder after davening can do so with a bracha even when davening individually.</ref><br />
#According to Sephardim, one should recite Hallel the night of the seder after davening with a bracha even though one is davening at home.<ref>Yachava Daat 5:34, Teshuva written by Rabbi Mordechai Lebhar author of Magen Avot (Erev Shabbat Hagadol 5780), Kaf Hachaim 487:38-42</ref><br />
<br />
===Shir Hashirim on Chol Hamoed===<br />
#Ashkenazim generally have the custom to read Shir Hashirim on Shabbat Chol Hamoed Pesach. This year since there is no minyanim available, when one davens at home individually, there is no obligation to read Shir Hashirim. One may do so but it isn't in fulfillment of the minhag.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950655/rabbi-hershel-schachter/piskei-corona-13-shir-hashirim-on-chol-hamoed-pesach/ Rav Schachter (Piskei Corona #13)]</ref><br />
<br />
===Tefillat HaTal===<br />
#One can recite the piyut for tal on Pesach was only instituted for a congregation, however if one wants to recite it one may do so.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950285/rabbi-hershel-schachter/piskei-corona-9-hallel-on-pesach-night-and-tefillas-tal/ Rav Schachter (Piskei Corona #9)]</ref><br />
#In Mussaf everyone should stop saying [[Mashiv Haruach Umorid Hageshem]] and instead recite Morid Hatal because one is davening individually and one may not change from the practice of saying Mashiv Haruach of the congregation until the Shaliach Tzibur has done so and this year there are no minyanim switching at mussaf. After Mussaf, starting with Mincha, one should follow their regular minhag if they usually recite Morid Hatal or not.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950285/rabbi-hershel-schachter/piskei-corona-9-hallel-on-pesach-night-and-tefillas-tal/ Rav Schachter (Piskei Corona #9)]</ref> See [[Mashiv_HaRuach_UMorid_HaGeshem#When_to_Stop_Morid_Hageshem_and_Start_Tal]] for the background.<br />
# For Sephardim, one may begin to recite Morid Hatal in Mussaf even though he praying individually and there is no minyan nearby.<Ref>Kaf Hachaim 114:8 and Halacha Brurah v. 6 p. 145 rule that the primary halacha is that there's no prohibition to begin to start to say Morid Hatal before the Shaliach Tzibbur. It is only forbidden for an individual to begin Mashiv Haruach Umorid Hageshem before the congregation does. This is the approach of the Bet Yosef citing the Ran, Pri Chadash, and Maamar Mordechai, unlike the Raavad cited by the Tur 114:2. However, in a regular year, the Kaf Hachaim and Halacha Brurah recommend being strict for the Raavad to have the Shaliach Tzibur announce before the Mussaf that everyone should begin to say Morid Hatal.</ref><br />
<br />
==Machine Matza==<br />
<br />
#It is permitted under extenuating circumstances to use [[machine matza]] for the mitzvah of eating matzah on the seder night.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards beginning)]. This is acceptable for Sephardim as well even with a bracha as described by Rav Ovadia Yosef in Yachava Daat 1:14 and Chazon Ovadia (Pesach Hilchot Leil Haseder 5763 Edition p. 76). [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim] holds that one should really used hand baked matzah but if one can't acquire any then one can use machine matzah. [https://yeshiva-university.zoom.us/rec/play/uMB7I-D--j83ToDAtgSDUaJ7W9Xueqis0nRK-6FfmUm0VSMBZ1qjYLIbZbHenouY882eTH8fEnI5K7DA?startTime=1585587811000&_x_zm_rtaid=5PWyeRatQdGWZ2q1UH7K6w.1585657713810.05dafc99f0c11cb46ffb1a63ddd87e47&_x_zm_rhtaid=904 Rav Willig (min 2)] has a similar approach.</ref><br />
#Some say that there's no concern to have the hand baked matzot this year.<ref>Rav Asher Weiss (Teleconference March 22 2020, min 19) said that there's no concern to use the hand-baked matzot since they were baked earlier in the year. His personal minhag is to have only hand baked matzot. In terms of using machine matzah he felt that it is only a chumra not to use them even for the mitzvah of motzei matzah and one could use them if there's no other option.</ref><br />
<br />
==[[Eruv Tavshilin]] and [[Eruv Chatzerot]]==<br />
<br />
#A rabbi should establish an eruv tavshilin on behalf of his whole community. Even though usually he acquires it to another person who isn't a family member on behalf of the community, this year because of social distancing one can acquire it to one's wife. <ref>[https://www.yutorah.org/lectures/lecture.cfm/951181/rabbi-hershel-schachter/piskei-corona-19-eruv-tavshillin-and-eruv-chatzeiros-and-social-distancing/ Rav Schachter (Piskei Corona #19)]</ref><br />
#An eruv tavshilin works to allow cooking from Yom Tov to Shabbat even though it isn't possible to have guests in most cases.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951181/rabbi-hershel-schachter/piskei-corona-19-eruv-tavshillin-and-eruv-chatzeiros-and-social-distancing/ Rav Schachter (Piskei Corona #19)] explained that usually we use the concept of ''hoil'', since guests might arrive who can eat the food one cooked, to permit cooking from one day of Yom Tov to Shabbat. However, this year that seems not to be applicable. Rav Schachter explained based on the Maharam Chalavah that ''hoil'' doesn't necessitate that one actually have guests or even have the ability to have guests, it is rather a halachic principle since objectively it is possible to have guests the eruv is effective.</ref><br />
#The communal eruv chatzerot continues to be effective even though the communal box of matzah's might not be accessible.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951181/rabbi-hershel-schachter/piskei-corona-19-eruv-tavshillin-and-eruv-chatzeiros-and-social-distancing/ Rav Schachter (Piskei Corona #19)] explained that since theoretically it is possible to get the box alone for a few minutes it isn't completely inaccessible (see Har Tzvi OC 2:16).</ref><br />
#It is permissible to wear a surgical mask on Shabbat outside and it isn't [[carrying]] as long as it is fastened well and won't fall off.<ref>[https://itorah.com/daily-halacha/lecture/may-one-wear-a-surgical-mask-on-shabbat-in-a-public-domain/3803 Rabbi Mansour]</ref><br />
<br />
==Birchat Ha'ilanot==<br />
<br />
#One can recite birkat hailanot from indoors if one can see the trees but one may not recite them by seeing the trees on a video.<ref>Ateret Paz p. 154-6</ref> See the [[Birchat HaIlanot]] for more details and sources.<br />
<br />
==[[Tanit Bechorot]]==<br />
#A person should try to finish a short masecheta to make his own siyum.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-1-Mar-24-2020.pdf Rav Hershel Schachter (Teshuva dated 28 Adar 5780 p. 2)], [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref> Some say that learning one masechta with Bartenura is sufficient.<ref>[https://itorah.com/daily-halacha/lecture/ta-anit-bechorot-during-the-coronavirus-pandemic/3802 Rabbi Mansour], [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref><br />
# Many poskim say that he can rely on a siyum over the phone or video livestream.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-1-Mar-24-2020.pdf Rav Hershel Schachter (Teshuva dated 28 Adar 5780 p. 2)]. [https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards beginning)]. [https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 1-4)] explained that Rav Schachter and Rav Shlomo Zalman Auerbach hold that it is enough to listen and join with the siyum over the phone or video call. However, other poskim don't like this leniency. Rav Asher Weiss (Teleconference March 22 2020, min 7) agreed that one can be yotzei with a siyum over the phone or video for the tanit bechorot. [https://www.torahanytime.com/#/lectures?v=106099 Rav Shmuel Fuerst (min 6)] agreed that this year you can be yotzei the siyum over the phone since it is an extenuating circumstance. [https://youtu.be/Yo6IJi2V-bw Rav Avigdor Nevinsal] agreed that you can be part of a siyum over the phone and the meal one has afterwards is a seudat mitzvah. [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim] holds that it is better to make a siyum oneself even on a tractate of mishna but if that's not possible one can listen on the phone.</ref><br />
# Some say that in the event one can't make one's own siyum or even hear someone else's, one doesn't need to fast this year in order to maintain strength in this time of a health crisis.<ref>[https://itorah.com/daily-halacha/lecture/ta-anit-bechorot-during-the-coronavirus-pandemic/3802 Rabbi Mansour]</ref><br />
<br />
==Birkat Halevana==<br />
<br />
#Ideally one should recite birkat halevana outdoors.<ref>Rama 426:4</ref> If one can not do so one can recite Birkat Halevana from inside but initially one should open the window.<ref>Pri Megadim M"Z 426:4, Mishna Brurah 426:21</ref> See the [[Birkat HaLevana]] page.<br />
<br />
==Chol Hamoed==<br />
<br />
#One can't buy stocks or sell them on Chol Hamoed, however, if not selling them could lead to a loss of one's original capital that one invested one can sell it.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref><br />
<br />
See [[Chol Hamoed]] for many details.<br />
<br />
==Using Zoom for the Seder==<br />
<br />
#Although a minority of rabbis allow using Zoom for this emergency situation in a very extenuating circumstance where an elderly single person is alone for the seder away from family because of the quarantines to use technology to leave a video conference going for Yom Tov to join with a family seder,<ref>[http://www.israelnationalnews.com/News/News.aspx/277764 Rabbi Eliyahu Abergel and other rabbis]</ref> most rabbis consider this to be a breach of halacha.<ref>Rav Asher Weiss (Teleconference March 22 2020 11am, min 39; teshuva in Minchat Asher Corona pp. 75-6), [http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-2-Mar-25-2020.pdf Rav Herschel Schachter (teshuva Adar 29 5780)], [https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 20-22)], [https://www.inn.co.il/News/News.aspx/432065 Rav Yosef Tzvi Rimon]. Rav Willig's held that it is absolutely forbidden and it is a tremendous zilzul Shabbat besides questions of others prohibitions of Shabbat.</ref> There is a discussion if the firstgroup of rabbis retracted.<ref>[https://vosizneias.com/2020/03/24/the-heter-for-zoom-at-the-seder-is-incorrect-and-should-be-retracted/ Rabbi Yair Hoffman] describes how 3 of the original signers of the lenient ruling would only permit under life and death needs and not in general. However, [https://www.jpost.com/israel-news/zoom-passover-seder-rabbis-hit-back-at-critics-622494 another article] describes how some of the original rabbis who were lenient confirmed their opinions.</ref><br />
#It is suggested to perform a pre-pesach zoom seder for people who you can't invite to your seder in order to share divrei torah, songs, and the experience of the seder before Yom Tov.<ref>[https://www.inn.co.il/News/News.aspx/432065 Rav Yosef Tzvi Rimon]</ref><br />
#For someone who is clinically depressed to the point that there is a concern of suicide or just losing one's mind it is permitted to use a phone to call him to cheer him up and check on him. However, if there's a way to check the patient before Pesach one should do so.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-2-Mar-25-2020.pdf Rav Herschel Schachter (teshuva Adar 29 5780)]. [https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Willig (min 24)] agrees that we violate Shabbat for someone who is suicidal but they can use the phone.</ref> A person should check with his rabbi in each case.<br />
#A person should recite Ha lachma anya this year as one would any other year, even though that phrase is a call for inviting guests and this year that is impossible.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951299/rabbi-hershel-schachter/piskei-corona-21-can-we-say-kol-dichfin-this-year-/ Rav Schachter (Piskei Corona #21)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
<br />
==[[Sefirat Haomer]]==<br />
<br />
#If someone couldn't get a hair cut because the barbers were all closed before Pesach, then if one reached the point when it very noticeably long and people would tell him to get a haircut he can take a haircut during [[Sefira]]. Today it can be estimated that if it has been more than 2 months since his last haircut he can take a haircut during the Sefira.<ref>https://www.yutorah.org/lectures/lecture.cfm/950659/rabbi-hershel-schachter/piskei-corona-16-haircuts-on-chol-hamoed-and-sefira/ Rav Schachter (Piskei Corona #16)</ref><br />
<br />
==Mikveh==<br />
<br />
#Each community rabbi needs to decide these sort of questions however in theory it is possible for the Mikva to remain open and allow women who aren't having symptoms or aren't quarantined to go to Mikva. They should be extra careful about hygiene and prepare completely at home, go to the Mikva where there is no contact with anyone besides a brief contact with the water which has chemicals for cleanliness. Then upon returning home there are poskim who allow the woman to take a shower when she gets home to clean herself off.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/950654/rabbi-hershel-schachter/piskei-corona-12-showering-after-the-mikvah/ Rav Hershel Schachter (Piskei Corona #12)], [https://www.torahanytime.com/#/lectures?v=105574 Rabbi Shay Tahan]. Rav Asher Weiss (March 29 2020) said it is obviously permitted to overlook the chumra of not showering when the woman returns from mikveh at these times.</ref><br />
# On Shabbat, if a woman goes to mikveh she can not take a hot shower when she gets back since turning on the hot water is causing cold water to enter the boiler and cook. Rather she should either decide to take a completely cold shower or delay the mikveh until Motzei Shabbat. She should also not decide not to take a shower at all because one shouldn't do something unsafe when there's an option to delay going to mikveh.<Ref>[https://www.yutorah.org/lectures/lecture.cfm/951538/rabbi-hershel-schachter/piskei-corona-26-showering-when-returning-home-from-the-hospital-or-the-mikvah-on-shabbos-or-yom-tov/ Rav Schachter (Piskei Corona #26)]</ref><br />
# On Yom Tov, according to those who are lenient to permit [[showering on Yom Tov]], when a woman returns from the mikveh should do so. Rav Schachter's opinion is that it is only permitted to take a shower on Yom Tov with water that is just hot enough to remove the chill from the water (less than lukewarm). If she decides she doesn't want to take such a shower, she should delay going to mikveh until after Yom Tov.<Ref>[https://www.yutorah.org/lectures/lecture.cfm/951538/rabbi-hershel-schachter/piskei-corona-26-showering-when-returning-home-from-the-hospital-or-the-mikvah-on-shabbos-or-yom-tov/ Rav Schachter (Piskei Corona #26)]</ref><br />
#The OU has established [https://www.ou.org/covid-19-and-the-mikvah-recommended-protocols/?utm_source=SilverpopMailing&utm_medium=email&utm_campaign=Mikvah%20Guidance%20(1)&utm_content=&spMailingID=32100310&spUserID=MTM2NTc0Mjg0NTYwS0&spJobID=1683098314&spReportId=MTY4MzA5ODMxNAS2 health guidelines] in order to allow a mikveh to remain open.<br />
#The RCBC also stated that Mikva's are remaining open for the time.<ref>[https://www.theyeshivaworld.com/news/featured/1839350/no-shul-yeshivas-shabbos-guests-levayos-shiva-vaad-harabanim-of-bergen-county-releases-letter.html RCBC letter on yeshivaworld.com]</ref><br />
#The men's mikveh's should be closed at this time. Even if a person is careful to go to mikveh each day he can fulfill this custom by taking a 5 minute shower.<ref>Rav Asher Weiss (Teleconference March 22 2020, min 12)</ref> See [[Preparations_for_Davening#Going_to_Mikveh]] for details.<br />
<br />
==Tevilat Kelim==<br />
<br />
#Each community should decide whether or not close the kli mikveh out of a safety concern. You can do the [[tevilat kelim]] in the ocean.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 5-9)], [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref><br />
#Alternatively, one can use tevilat kelim in the mikvah while wearing gloves, then throw out the gloves, wash off the kelim with soap and water. If the community has other procedures for safety one should observe them.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 5-9)], [https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 3-4)]</ref><br />
#As a last resort one can avoid tevilat kelim by giving the pots to a non-Jew and borrowing them back. One can rely on this until the virus passes.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 5-9)], [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]. [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal] said that one could rely upon this if there was no other option. [https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 14-16)] allows selling the kelim to a non-Jew. Rav Yosef Tzvi Rimon (teshuva dated Nisan 1 5780) recommended this.</ref> If one can't sell or gift the pots to a non-Jew oneself one can do so online through [https://nirshamti.co.il/e-%D7%98%D7%91%D7%99%D7%9C%D7%94/ Zomet].<br />
#Another option is for a person to declare the pots that need tevilat kelim to be ownerless (hefker) in front of 3 Jews. One has to have full intent that the pots are ownerless and if someone took them one would have no claim upon them. If these Jews can't be there in person it is sufficient if they are present through social media technology but they should be people who live in the neighborhood. They should then leave the pots outside their house for a few minutes so that if someone wanted to take them they could. <ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-1-Mar-24-2020.pdf Rav Hershel Schachter (Teshuva dated 28 Adar 5780 p. 1)], [https://itorah.com/daily-halacha/lecture/if-one-has-new-utensils-which-he-is-unable-to-immerse/3801 Rabbi Mansour]</ref> Others disagree.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 5-12)] said that one shouldn't use the solution to make the pots hefker since you're using the kelim. See Sefer Tevilat Kelim p. 84 based on Maharil Diskin. See S"A Harav 445:1 that hefker that isn't meaningful since you plan to reacquire it isn't a solution. However, Rav Elyashiv and Rav Soloveitchik allowed it in extenuating circumstances. Rav Asher Weiss (Minchat Asher Corona p. 72) writes that one should avoid using new pots and relying on this leniency to mafkir but in an extenuating circumstance one can rely on it.</ref><br />
#If there's are no solutions, some poskim would allow using the pots without tevilat kelim in this extenuating circumstance.<ref>Rav Asher Weiss (Teleconference, March 22 2020 11am), Rav Yosef Tzvi Rimon (Teshuva dated Nisan 1 5780)</ref><br />
#Regarding a seder plate and kos shel eliyahu requiring tevilah, see [[Tevilat Kelim]] page.<br />
<br />
==[[Brit Milah]]==<br />
<br />
#A Brit Milah can be done without a minyan since gatherings aren't safe.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
#A grandfather or someone else involved in a brit milah via zoom can recite the naming of the baby but he should not recite the bracha of asher kidash yadid mbeten.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951300/rabbi-hershel-schachter/piskei-corona-22-participating-in-a-simcha-via-zoom/ Rav Schachter (Piskei Corona #22)]</ref><br />
<br />
==Naming a Girl==<br />
<br />
#Although normally we try to name a baby girl at an aliya to the Torah, a person doesn't need a minyan in order to name a girl and under the circumstances should do so without delay.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Neventzal], [https://www.yutorah.org/lectures/lecture.cfm/950292/rabbi-hershel-schachter/piskei-corona-11-krias-shem-for-a-baby-girl/ Rav Schachter (Piskei Corona Teshuva #11)], [https://vimeo.com/399141271 Rabbi Moshe Heinemann] at about 16:45</ref><br />
<br />
==Bar Mitzvah's==<br />
<br />
#[https://www.torahanytime.com/#/lectures?v=105558 A message for Bar Mitzvah Boys in the Lockdown by Rabbi Pesach Krohn]<br />
#A bar mitzvah boy who missed the opportunity to read his parsha in shul when he became bar mitzvah'ed when it is next possible to go to shul he can add his parsha as a hosafa and read it then. Additionally, the haftorah can follow that hosafa.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards end)]</ref><br />
#The father of a Bar Mitzvah boy who couldn't layn should wait until he can do something that shows he's Bar Mitzvah like layn or daven as Shaliach Tzibbur to make such a bracha.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
<br />
==Weddings==<br />
<br />
#Ideally a wedding shouldn't be pushed off if both parties are ready even though it means having a tiny wedding.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal], [https://www.kimizion.org/maamar/5780_5784/keter.pdf (Keter Yitanu Lecha p. 38)]</ref><br />
#A rabbi should not officiate at a wedding that isn't abiding by the CDC guidelines of health because he is furthering unsafe practices.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards beginning)]</ref><br />
#It has been asked whether or not the poskim are more lenient this year regarding weddings during [[Sefira]] but the answer is that it is not determined because the situation is still unclear.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref> Some are lenient but it is best to schedule for [[Rosh Chodesh]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref><br />
#If in this dire situation it isn't possible to have a minyan, it is possible to have a wedding nonetheless without [[Sheva Brachot]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/951180/rabbi-hershel-schachter/piskei-corona-18-getting-married-with-less-than-10-men-present/ Rav Schachter (Piskei Corona #18)] explained that although it isn't possible to recite Sheva Brachot and seemingly they forbid the couple to each other without Sheva Brachot in this extenuating circumstance one can rely upon the opinion that the wedding is valid and they are permitted even without Sheva Brachot (see Nodeh Beyehuda EH 1:56). For birkat erusin certainly having a minyan isn't critical (Shulchan Aruch E.H. 34:4) although it is preferable and in this circumstance unnecessary. From Bet Shmuel 64:4 it appears to be a dispute between the Shulchan Aruch and Rama whether one is allowed to have a wedding at all if it is extremely difficult to get a minyan, the Rama being lenient. </ref><br />
#A minyan for [[sheva brachot]] can not be created via Zoom. Additionally, one can't recite a bracha of sheva brachot for the couple via Zoom.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951300/rabbi-hershel-schachter/piskei-corona-22-participating-in-a-simcha-via-zoom/ Rav Schachter (Piskei Corona #22)]</ref><br />
<br />
==[[Fast Days]]==<br />
<br />
#If the rabbis declare a half fast day until [[Chatzot]] according to Ashkenazim an individual can recite [[Anenu]] in Mincha Shemona Esrei<ref>Rama 562:1 writes that Ashkenazim hold that even for an incomplete fast one can recite anenu. Mishna Brurhah 562:48 references this Rama in discussing a fast that was accepted to fast until chatzot. The Mishna Brurah 562:7 cites a debate as to whether one should omit the words צום תעניתנו while reciting עננו in such a scenario as many poskim argue that a half fast is not considered a fast and therefore one would not want to risk speak falsely, particularly when he is speaking to Hashem.<br />
<br />
*[https://www.theyeshivaworld.com/news/israel-news/1841977/hagaon-harav-chaim-kanievsky-calls-to-fast-for-half-a-day-on-erev-rosh-chodesh.html Rav Chaim Kanievsky] declared a half fast on Erev Rosh Chodesh Nissan 5780.</ref> assuming he is still fasting when he prays Mincha.<ref>Mishna Brurah 562:6</ref> According to Sephardim one can only recite anenu if one fasts the entire day.<ref>Shulchan Aruch 562:10-11 holds that a incomplete fast is not considered a fast with respect to saying anenu. Therefore if one only fasts until chatzot one should not recite anenu.</ref><br />
#A person should accept the fast from the day before, as is traditionally done at mincha time. If one didn't do so, according to Sephardim one shouldn't recite anenu, but according to Ashkenazim one can recite anenu.<ref>Shulchan Aruch and Rama 562:5</ref><br />
<br />
==Mezuzah==<br />
<br />
#A person should not kiss any mezuzah, or any siddur or chumash of a shul or a public area at this time because of concern of spreading COVID19.<ref>[https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)], [https://www.jpost.com/israel-news/chief-rabbi-of-israel-due-to-coronavirus-stop-kissing-the-mezuzah-619753 Chief Rabbi Rabbi David Lau]</ref><br />
<br />
==Shalom Bayit==<br />
<br />
#It is critical to be mindful of other people when everyone is under stress and no one is completely comfortable. [https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Dr. Pelcovitz] discusses the implications quarantine can have Shalom Bayit.<br />
#It is forbidden for a couple to have [[tashmish]] at a night of famine<ref>Gemara Tanit 11a, Shulchan Aruch O.C. 240:12</ref> since everyone is in distress it is incumbent on everyone to take upon himself an aspect of distress.<ref>Mishna Brurah 574:9</ref> The same is true for any time of societal distresses.<ref>Rama 240:12 based on Yerushalmi Tanit. Olot Tamid 240:6 (cited by Kaf Hachaim 240:85) understands the Rama to apply to any type of tragedy that we would declare a fast over.</ref> Others disagree.<ref>Shaarei Knesset Hagedola (Hagahot Tur 240:5) writes that tashmish is only forbidden during a famine, plague of the crops, locusts and the like which cause a famine but not for other tragedies or troubles. Kaf Hachaim 240:85 rules like the Shaarei Knesset Hagedola either because that is the explanation of the Yerushalmi or we don't follow the Yerushalmi.</ref><br />
#It is permitted to have tashmish on mikvah night.<ref>Shulchan Aruch O.C. 574:11 writes that it is permitted for a couple to have tashish on mikva night. Mishna Brurah 574:11 cites the Magen Avraham who argues with Shulchan Aruch but then he cites the Bigdei Yesha and Nahar Shalom who are lenient and there's what to rely on to follow Shulchan Aruch. Mishna Brurah concludes that certainly one can be lenient at a time when it isn't a famine and it is just another time of distress in the world.</ref><br />
#It is permitted to have tashmish for a couple who didn't yet fulfill [[pru urevu]].<ref>Shulchan Aruch O.C. 240:12, 574:4, Mishna Brurah 240:47</ref> Once his wife is pregnant this leniency doesn't apply.<ref>Mishna Brurah 574:12</ref><br />
#If he has a strong yetzer hara and there is a concern of [[hashchatat zera]] it is permitted.<ref>Mishna Brurah 240:46</ref><br />
#There is what to rely upon to have tashmish at a time of war and there is no midat chasidut to be strict, especially for young couples even for someone who fulfilled pru urevu.<ref>Tzitz Eliezer 13:21</ref><br />
#During the time then the plague of corona virus is rampant in the world there is a lot to rely upon to have tashmish. Someone who wants to be strict can do so.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949166/rabbi-ally-ehrman/is-tashmish-hamitta-permitted-during-the-coronavirus-pandemic-/ Rabbi Ehrman on yutorah]. Rav Asher Weiss (Zoom Conference, March 22 2020, 11am, min 15) was lenient he said that the situation presently isn't one that rises to the level where we need to declare a fast. Also, since domestic violence recently has been on the rise because of the quarantines one shouldn't be strict in this area. </ref><br />
<br />
==Laid off Workers and Cancelled Contracts Because of Corona==<br />
<br />
#If there's a employee that is unable to work because of a societal or national crisis the employees should continue to be paid by the employers according to many opinions or at least they should make a compromise.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949287/rabbi-michoel-zylberman/coronavirus-and-laid-off-employees/ Rabbi Zylberman on yutorah]. Mordechai b"m 343 writes that if there's a decree in the town that the teachers can't teach the teachers should still be paid. Rama C.M. 321:1 cites this Mordechai and applies it to any worker in 334:1. The Sama 334:2 argues with the Mordechai and holds that since the employee can't work and both aren't at fault and both couldn't foresee this the employer is exempt. Netivot 334:1 limits the idea of the Mordechai to a teacher and not other employers since a teacher is paid for sachar betela (see [[Laws_of_Learning_Torah#Taking_Money_for_Learning_and_Teaching_Torah]]). Shach 334 holds that this opinion of the Mordechai only applies if majority of the town ran away because of a crisis but if only a minority runs away then the employee isn't entitled to payment. Aruch Hashulchan 334:10 has another approach. If the situation prevents the worker from working then he is entitled to pay but if he runs away then he isn't. Rabbi Zylberman explained from Mishpat Poalim we think that this is a case of Hamotzei Mchavero Alav Harayah, whoever is holding onto the money can claim that he is exempt from paying or returning the money. Rav Asher Weiss in Minchat Asher 2:106 says that they should make a compromise, and Rav Bleich ([https://www.sefaria.org/Contemporary_Halakhic_Problems%2C_Vol_IV%2C_Chapter_XIV_The_Intifada_and_the_Gulf_War.35?lang=bi&with=all&lang2=en Contemporary Halachic Problems v. 4]) thinks that we follow the Rama. Once the Chatom Sofer had a case in his town and he felt that they should pay but he couldn't force everyone to pay it so he told them to pay half. Rav Yona Reiss had a case where they made a compromise. <br />
<br />
*Rav Asher Weiss (Zoom Conference, March 22 2020, 11am, min 21-25) thought that one should compromise and give the workers who aren't working 30% of their pay. This applies Jewish and non-Jewish workers. This is based on the Rama and Sama CM 221. As for the day schools and daycares that are closed and not providing services one theoretically should be exempt. Since it might be devastating to the schools one needs to wait until the government makes a decision. Either way, we should wait until there is a major decision from the government or authorities and follow that. Until then for the schools we should pay so that the teachers can have a salary for their [[parnasa]].</ref><br />
#This applies to contractors for cancelled events as well.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949287/rabbi-michoel-zylberman/coronavirus-and-laid-off-employees/ Rabbi Zylberman on yutorah]</ref><br />
#If someone rented out an apartment to someone and then he wants to retract because of a concern that the potential tenants have the virus, some say that it is forbidden to back out of the contract.<ref>[http://kol-barama.co.il/item/%D7%A4%D7%99%D7%A7%D7%95%D7%97-%D7%A0%D7%A4%D7%A9-%D7%A7%D7%95%D7%A8%D7%95%D7%A0%D7%94-%D7%A2%D7%A4%D7%99-%D7%94%D7%94%D7%9C%D7%9B%D7%94/ Rav Yakov Sinai] based on Rama in teshuva, Shach CM 312 and other sources</ref> The same is true of a hotel or pesach program that was cancelled.<reF>[https://www.yutorah.org/lectures/lecture.cfm/951789/rabbi-hershel-schachter/piskei-corona-27-the-importance-of-tzedaka-and-chesed/ Rav Schachter (Piskei Corona #27)] writes that it is important to reach a peshara, compromise, with respect to the question of how much a person should be paid in return for the pesach programs that were cancelled.</ref><br />
<br />
==Yeshiva Tuition==<br />
See previous section about the background for this question.<br />
# Even though the question of whether a person should pay tuition while it is closed is subject to debate a person should make sure to pay in full as the yeshivot do not have enough money and it is critical to give tzedaka at this time, which is a great merit to protect oneself from any danger.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951789/rabbi-hershel-schachter/piskei-corona-27-the-importance-of-tzedaka-and-chesed/ Rav Schachter (Piskei Corona #27)</ref><br />
<br />
==[[Bikur Cholim]]==<br />
<br />
#A person doesn't have to and shouldn't visit someone who has a virus that contagious such as corona.<ref>[http://kol-barama.co.il/item/%D7%A4%D7%99%D7%A7%D7%95%D7%97-%D7%A0%D7%A4%D7%A9-%D7%A7%D7%95%D7%A8%D7%95%D7%A0%D7%94-%D7%A2%D7%A4%D7%99-%D7%94%D7%94%D7%9C%D7%9B%D7%94/ Rav Yakov Sinai (min 3)] explains that although the Rama in a teshuva and Knesset Hagedola hold that one should visit the sick even if they have a contagious disease, the Shulchan Gavoha and others disagree and that is the halacha.</ref><br />
#A person fulfills the mitzvah of bikur cholim on the phone according to many poskim.<ref>[https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Shlomo Aviner (Keter Yitnu Lecha p. 34)] citing Igrot Moshe YD 1:223 and Tzitz Eliezer 8:5. Rav Aviner added that the main idea of bikur cholim is to do what is best for the patient and in our context that is to call.</ref><br />
# Someone who is praying for a mortally ill patient to get better and doesn't know if he is still alive should pray for his well-being and not specifically for him to get better.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951537/rabbi-hershel-schachter/piskei-corona-25-davening-for-the-sick/ Rav Schachter (Piskei Corona #25)]</ref><br />
<br />
==Burial and Mourning==<br />
===Burial===<br />
#Each place should follow the guidelines that are in place for safety. If a minyan isn't possible, then the next thing that is to try to have is Jews doing the burial. If they don't even let that, then afterwards a Jew should check that the burial by the non-Jews was done properly in the ground.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 26-8)]. [https://www.yutorah.org/sidebar/lecture.cfm/951298/rabbi-hershel-schachter/piskei-corona-20-tahara-for-meisim/ Rav Schachter (Piskei Corona #20)] said that they should specifically have as few people as possible for the burial and maybe just the workers and that too fulfills the mitzvah of burial.</ref> It is forbidden to cremate and it is still considered not dangerous to properly do a burial with no tahara and minimal involvement of the fewest people or simply the cemetery workers.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951298/rabbi-hershel-schachter/piskei-corona-20-tahara-for-meisim/ Rav Schachter (Piskei Corona #20)]</ref><br />
#At this time the chevra kadisha should not perform a tahara for the deceased since it could lead to danger.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951298/rabbi-hershel-schachter/piskei-corona-20-tahara-for-meisim/ Rav Schachter (Piskei Corona #20)]</ref><br />
# A person who was buried in America because of the corona virus but was planned to be buried in Israel can later when the virus isn't an issue be reburied in Israel, even though generally we don't rebury someone who was buried.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)]</ref> See the topic of [[Laws_and_Customs_of_a_Funeral#Under_What_Circumstances_is_it_Permitted_to_Move_Someone_Buried.3F|reburying a corpse]] in general.<br />
<br />
===Kriyah===<br />
#The rabbi could do the [[Kriyah]] for the mourner with gloves and a mask or he can simply tell the mourner to do it.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Willig (min 29)]</ref><br />
===Avelut===<br />
# A person who is no going to be involved in the burial anymore because the deceased was given to the chevra kaddisha then he is not considered an [[Onen]] anymore and should begin [[Avelut]] (mourning). However, if he is going to call relatives to tell them about the levaya then he is still an [[Onen]].<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)]</ref>. If he is going to watch the burial with Zoom or listen on the phone it is unclear if he is still an Onen.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)] isn't certain if a person involved in the burial merely because he is watching via Zoom is still considered an Onen. [https://www.yutorah.org/sidebar/lecture.cfm/839779/rabbi-asher-bush/%d7%94%d7%aa%d7%97%d7%9c%d7%aa-%d7%90%d7%91%d7%99%d7%9c%d7%95%d7%aa-%d7%9c%d7%9e%d7%99-%d7%a9%d7%90%d7%99%d7%a0%d7%95-%d7%a0%d7%9e%d7%a6%d7%90-%d7%91%d7%a7%d7%91%d7%95%d7%a8%d7%aa-%d7%90%d7%91%d7%99%d7%95-%d7%95%d7%9e%d7%a9%d7%aa%d7%aa%d7%a3-%d7%a2-%d7%99-%d7%94%d7%98%d7%9c%d7%a4%d7%95%d7%9f/ Rav Asher Bush] wrote based on MPeninei Harav p. 202 that he considers someone phoning into a burial to not be an Onen unless they're going to ask him questions about the burial.</ref><br />
# On [[Erev Pesach]] if someone is buried before [[Chatzot]] (midday) the relatives should observe [[Avelut]] (mourning) before Chatzot and then at Chatzot it is considered like a Yom Tov and the rest of the [[Shiva]] is cancelled. If the person is buried after [[Chatzot]] they should observe Avelut before Yom Tov and then the Yom Tov will come and cancel the rest of [[Shiva]].<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)]</ref><br />
# A mourner shouldn't eat his first meal after the burial, the [[Seudat Havrah]], from his own food; other should provide that food. If at this time when people are concerned for COVID19 and might not send food, if the mourner knows that he isn't going to be sent food, he can eat the first meal from his own food.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)]</ref><br />
<br />
===Kaddish and Iyluy Neshama===<br />
# Under the circumstances a person can not recite the kaddish because minyanim aren't available. Therefore, a person should take upon himself to learn mishnayot for the deceased.<Ref>Rav Asher Weiss (Minchat Asher Corona pp. 58-9)</ref><br />
See [[Practices_in_the_Mourner%27s_House#Iyluy_Neshama]] and [[Kaddish]] pages.<br />
<br />
==[[Kibbud Av Vem]]==<br />
<br />
#If one's parents ask him to do something which the department of health has deemed unsafe a person should not listen to his parents in such a case and that isn't a breach of Kibbud Av Vem.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-2-Mar-25-2020.pdf Rav Schachter (Teshuva Adar 29 5780)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
<br />
==Violating Shabbat for [[Pikuach Nefesh]]==<br />
'''On Shabbat or Yom Tov, if anyone has any concern whatsoever that they are in serious danger because of deteriorating health, they should immediately call a doctor or [[Going_to_and_Staying_in_the_Hospital_on_Shabbat|go to the hospital]].'''<br />
#It is a well established halacha that it is not only permitted but even a mitzvah to violate [[Shabbat]] in order to safe a life or to remove a situation that presents even a slight chance of danger.<ref>Shulchan Aruch O.C. 328:13</ref> The question is how to define the threshold of danger.<ref>[http://nleresources.com/2020/03/rav-asher-weiss-coronavirus-in-halacha/#.XnoNOIjYrIU Rav Asher Weiss (March 15 2020, min 18-22) to Beit Midrash Gavoha] explained that the definition of danger in order to violate Shabbat isn't defined by statistics. For vaccinations we assume that it is a sakana not to vaccinate even though the odds of dying because of the measles is low. Since it is preventable it is incumbent upon us to vaccinate. He concludes that as long as it is a natural phenomenon and there is an action that we can do to prevent deaths we must do so.</ref><br />
#In certain cases of emergency regarding corona virus it would be allowed to violate Shabbat.<ref>[https://www.theyeshivaworld.com/news/headlines-breaking-stories/1841156/harav-zilberstein-answer-telephone-on-shabbos-if-awaiting-results-of-coronavirus-test.html Rav Zilberstein] allowed a patient to answer the phone on Shabbat with a [[shinuy]] only to hear the results of a test and answer questions for epidemiological investigation. If the test results that show that a patient has the virus are produced on Shabbat it is incumbent for the health department to deal with the quarantine then and it is permitted to answer the phone for that.</ref> Obviously every single case is different and one should learn the laws of Pikuach Nefesh from a rabbi in advance.<br />
#If a person is discharged from the hospital on Shabbat and they need him to leave because of the lack of space that they have because of the numbers of people who are ill, his family member can drive to get him. They should do a [[Shinuy]] when turning on the car like turning the key with one's weaker hand, or pressing the button on the key with one's knuckle. Also, when turning off the car one should use a Shinuy.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950282/rabbi-hershel-schachter/piskei-corona-6-pikuach-nefesh-on-shabbos/ Rav Schachter (Piskei Corona #6)]</ref><br />
# If a relative is in the hospital and the family members would call the hospital that would indicate to the doctors and nurses that the family cares and the patient will receive better treatment, it is permissible to do so on Shabbat or Yom Tov.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951791/rabbi-hershel-schachter/piskei-corona-29-calling-the-hospital-on-shabbos-or-yom-tov-to-advocate-for-relatives/ Rav Schachter (Piskei Corona #29)]</ref><br />
<br />
==Doctors Working in the Hospital==<br />
#Regarding the larger issue of halachic triage see [https://www.yutorah.org/lectures/lecture.cfm/951531/rabbi-hershel-schachter/piskei-corona-15-triage-in-medical-decisions-updated-/ Rav Schachter (Piskei Corona #15 Updated)]. Here is a relevant [https://docs.google.com/document/d/1CtQ_XHzQarzg_0PEQODCO1ATKlM_cEmvPsXa8kdpgJA/edit sourcesheet on Halachic Triage]. [https://aiayk.org/pesachaudio/ Rav Asher Weiss (Teleconference April 6 2020, min 5-15)] discusses triage in halacha and what doctors should do.<ref>Rav Asher feels that there are only two factors that we consider for halachic triage: give precedence to someone who is in immediate danger, and give treatment to whoever has a better chance for survival. Age or spiritual need for the community are not factors for precedence. <br />
* Rav Asher says that for choleh shebifanenu the knowledge that another choleh is going to come in soon is considered pikuach nefesh if will with certainty be helpful. Therefore, if an older patient comes into the hospital but they know a younger patient is going to come in, they can consider them as though they came in together and treat according to who is in immediate danger and who has the better chance to live. Rav Schachter felt the same way in his teshuva.<br />
* If a hospital has a certain regulation, does he need to disregard the hospital protocols? Rav Asher Weiss felt that the doctors should not disregard hospital protocol, for multiple reasons but partly because if he doesn't he'll lose his license and having more able doctors at this time is pikuach nefesh.<br />
* Pulling a patient off a ventilator because someone entered the hospital who has a better chance of living, Rav Asher (min 27) felt is forbidden. Rather the doctor should say that he feels uncomfortable to do this and should let another doctor do it. Rav Schachter felt that one should try to convince the older patient to sign a DNR at that point in order to save the younger patient. </ref><br />
# A doctor may and is encouraged to perform a life saving procedure if he is wearing the correct protective gear.<ref>[https://aiayk.org/pesachaudio/ Rav Asher Weiss (Aguda Teleconference, April 6, 2020, min 18-22)] explains that you can’t put yourself in danger. However, you can if you’re saving someone from an immediate danger and you’re putting yourself in minimal danger then it is a middat chasidut to do so. Therefore, a doctor should do mechanical ventilation CPR on a COVID19 patient if he has the correct protective gear.<br />
* Rav Asher (min 33) allowed sharing ventilators when the doctors see fit in order to save another life because moving a patient from a single ventilator to a shared ventilator isn't considered doche nefesh mipnei nefesh since it isn't proven to be dangerous to use a shared ventilator. He also cited the Chazon Ish regarding turning the arrow to the side killing fewer people to save more people.<br />
* Rav Asher (min 38) said that a doctor who isn't in that particular field or is retired or has vacation doesn't have to volunteer but his doing so would be a middat chasidut. However, if he is endangering himself such as if he's over 70, he is immune compromised, or has a family member who is, then he shouldn't volunteer.</ref><br />
# A doctor returning from the hospital on Shabbat and needs to shower for health reasons so as not to catch the corona virus on his body or clothing, may do so. If he can manage with a cold shower, he should do so. If he can't, he may turn on the hot water with a [[shinuy]].<Ref>[https://www.yutorah.org/lectures/lecture.cfm/951538/rabbi-hershel-schachter/piskei-corona-26-showering-when-returning-home-from-the-hospital-or-the-mikvah-on-shabbos-or-yom-tov/ Rav Schachter (Piskei Corona #26)]. See there for how he distinguishes this from the woman returning from the mikveh on Shabbat.</ref><br />
<br />
==[[Mesira]] and Rodef==<br />
<br />
#If your doctor actually ascertains that there is a sakanat nefashot, mortal danger, involved with a certain large gathering that someone is doing then it is permitted to tell the authorities. However, otherwise it is forbidden because of informing upon another Jew ([[mesira]]). This can be a very difficult measure to actually properly assess.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Willig (min 41)]</ref><br />
#Some hold that if a person is supopsed to be in quarentine and they are not they are considered a rodef. However, obviously one should first speak to him and convince him to do what is safe.<ref>[https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 36)] citing Rav Zilberstein</ref><br />
<br />
==Links==<br />
<br />
*[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal Q&A about Corona]<br />
*[https://rabbidunner.com/coronavirus-qa-with-rav-hershel-schachter/ Transcription of Q&A with Rav Schachter by Rabbi Dunner]<br />
*[https://www.theyeshivaworld.com/news/featured/1839350/no-shul-yeshivas-shabbos-guests-levayos-shiva-vaad-harabanim-of-bergen-county-releases-letter.html RCBC letter calling for the closing of Shuls and Schools]<br />
*[http://www.torahweb.org/ TorahWeb] hosts many resources for Corona halacha including Rav Schachter's Teshuvot<br />
*[http://www.kolcorona.com/ KolCorona.com] a Torah resource, initiated by Rabbi Reuven Taragin, for those affected by Corona<br />
<br />
==Sources==<br />
<references /><br />
[[Category:Orach Chaim]]</div>YitzchakSultanhttps://halachipedia.com/index.php?title=Halachot_Related_to_Coronavirus/COVID-19_Pandemic&diff=25527Halachot Related to Coronavirus/COVID-19 Pandemic2020-04-08T15:55:55Z<p>YitzchakSultan: /* Yeshiva Tuition */</p>
<hr />
<div>[[Image:3D medical animation corona virus.jpg|right|300px]]<br />
All rabbinim agree that one should be cautious with all the health guidelines and social distancing<ref>[https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 34)] interestingly describes the sources in general about the Jewish view on handshaking and whether it is a [[Chukot Hagoyim]]. The poskim hold that in it isn't however, at this time it is forbidden because of the health concerns.</ref> set up by the government and other local institutions in order to stay safe and help prevent getting others sick.<ref>[https://www.torahanytime.com/#/lectures?v=104843 Rav Yitzchak Yosef], [http://www.torahweb.org/torah/docs/rsch/RavSchachter-with-doctors_Mar-15-2020.pdf Rav Hershel Schachter], Rav Asher Weiss (Teleconference March 22 2020), [https://www.ou.org/covid19/ OU (March 20 2020)], [https://www.torahanytime.com/#/lectures?v=106099 Rav Shmuel Fuerst (min 53)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal], [https://www.jpost.com/israel-news/leader-of-ultra-orthodox-world-calls-for-lone-prayer-due-to-coronavirus-622805 Rav Chaim Kanievsky], [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Shlomo Aviner (Keter Yitnu Lecha p. 34)], and RCBC letters. An article on [https://www.kikar.co.il/abroad/354170.html kikar.co.il] describes how the gedolim are currently davening privately including: the Gerre rebbe, Rav Shalom Kohen, Rav Gershon Edelstein, Rav Moshe Shternbuch, Rav Yitzchak Yosef, Sanser Rebbe, Rav Bakshi Doron, Rav Dovid Yosef, Bavian Rebbe, and Rav Sheiner.<br />
<br />
*Endangering Oneself to Learn Torah: Ketubot 77b records and praises the practice of Reish Lakish to teach Torah to those ill with tzarat, some translate as leprosy, even though it is contagious. The gemara explained that he did so out of his love for Torah. Daf Al Hadaf cites Mishnat Pikuach Nefesh 69:7 who asks how Reish Lakish could endanger himself and rely on a miracle. He answers that the disease he was concerned with was only dangerous to health but not life threatening.</ref> Coronavirus, as it causes a serious health threat to some people, inhibits any social gatherings and semachot, and has severely damaged the economy and livelihood of certain people, poses a serious challenge to everyone. We all need to daven and take advantage of the circumstances in order to best serve Hashem. As a thoughtful Jew, it is incumbent upon a person to take to heart some important lessons of life and re-strengthen himself in his commitments. <ref>Rambam Taniyot 1:1-3, [https://www.torahanytime.com/#/lectures?a=105844 Rav Reuven Epstein] emphasizes that we need to take a lesson from corona since it overtly a hardship for Jews and humanity and a sign from Hashem. [https://www.yutorah.org/lectures/lecture.cfm/949185/rabbi-menachem-penner/shema-everything-is-from-hashem/ Rabbi Penner] discussed how we can revitalize our strength in mitzvot at this time based on better appreciating the lessons of Shema. Rav Asher Weiss (Teleconference March 22, 2020) introduced his shiur by discussing how we can strengthen our commitment to [[Ben Adam Lchavero]]. [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha)] wrote many lengthy pieces on the hashkafic questions related to COVID19.</ref> Additionally, on a practical level, COVID19 has many implications for people, and below is a small collection of the relevant halachot.<br />
<br />
==[[Tefillah]]==<br />
When davening at home one should be cognizant of the following ideas:<br />
<br />
#The best time to pray is Netz. According to many poskim this is equivalent to praying with a minyan.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz], Laws of Praying Beyachid (Adar 5780) by Rabbi Yonatan Nacson p. 1 citing Yalkut Yosef 89:1</ref><br />
#A person should daven in a [[makom kavuah]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] and [https://www.star-k.org/videos.php Rabbi Moshe Heinemann around minutes 5-7]</ref><br />
#A person should daven in front of a wall so that there's no distractions in front of him.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]</ref><br />
#A person can and should daven near a window that serves as a means of being inspired to look towards heaven.<ref>Shulchan Aruch 90:4 writes that there should be windows in a place where one davens. [https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] suggested that the same should be done for when we daven at home to daven in a place where there is a window.</ref><br />
#A person can daven [[Shemona Esrei]] aloud if it helps his kavana. It also serves as a role model for children.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]</ref><br />
#A person shouldn't daven in a room that is usually used for frivolity.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]</ref><br />
#A person shouldn't daven in front of an open bathroom.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]</ref><br />
#At a time of a plague such as our times it is advisable to say [[ketoret]] which has the power to end a plague.<ref>Laws of Praying Beyachid by Rabbi Nacson p. 2, [https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] citing Rabbi Akiva Eiger teshuva 71</ref><br />
#According to some, at this time a person should recite Avinu Malkenu in [[Shacharit]] and [[Mincha]],<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] quoting Rav Schachter</ref> while others emphasize how one must focus on Teshuvah and reciting all parts of the regular seder haTefillah first.<ref>[https://www.torahanytime.com/#/lectures?v=104864 Rav Bention Mutzafi (55:10)]</ref> Avinu Malkenu should not be recited during [[Nissan]].<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal] stated that one should not recite Avinu Malkenu during Nissan. See Divrei Yatziv OC 75 for different minhagim about saying Avinu Malkenu during Nissan. See discussion page.</ref><br />
#Eating a meal before davening when the time comes to daven a certain tefillah should be avoided since generally we are lenient about this since we go to established minyanim but for when that isn't possible we should be more strict about this.<ref>Mishna Shabbat 9b, [https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]. [https://www.star-k.org/videos.php Rabbi Moshe Heinemann] around minutes 5-7 says that if one sets an alarm, that should be sufficient</ref> See details here about [[Eating before Davening| eating]] and [[Other Activities before Davening| doing activities before davening]].<br />
#When davening as a family, in a temporary fashion, some hold that it isn't necessary to have a [[mechitza]] and the men and women can simply daven on different sides of the room.<ref>Igrot Moshe 5:12:1 writes that regarding a Shabbos Sheva Brachos since it is just the family and it is a temporary situation no mechitza is necessary.</ref> See [[Mechitza]] for more details.<br />
#A person shouldn't forget to recite [[Birkat Halevana]] by themselves when they see the moon. It can be said from indoors. See [[Birkat Halevana]] page for details.<br />
<br />
===Parts of Davening to Skip===<br />
<br />
#On Friday night an individual doesn't recite [[Shabbat_Davenings#Me.27ayn_Sheva |Magen Avot]] after Shemona Esrei of Maariv.<ref>Laws of Praying Beyachid p. 10 citing Shulchan Aruch O.C. 268:8</ref> However, one should recite Vayechulu.<ref>[https://vimeo.com/399141271 Rabbi Moshe Heinemann] at around 24:45. At around 34 minutes, he clarifies that this can be done even by yourself, though normally we try to say it with at least two </ref><br />
#One doesn't recite [[Baruch Shemey]] when praying by oneself since it is part of the activity of removing the Sefer Torah.<ref>Mishna Brurah 134:13</ref><br />
<br />
==Minyan via Porches or Technology==<br />
<br />
#It is forbidden to have a minyan in person whether it is in a shul, shteibel, home, or backyard.<ref>[https://www.ou.org/covid19/ OU]. [https://www.yutorah.org/lectures/lecture.cfm/950656/rabbi-hershel-schachter/piskei-corona-14-forming-a-minyan-outside/ Rav Schachter (Piskei Corona #14)] writes that a person shouldn't try to make a minyan on his lawn spread out even if there's a small remote chance of spreading the virus. He also held that making a minyan with ten people standing on different balconies or porches doesn't count as a minyan. [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)] writes that certainly a person should not attend a minyan because of the danger and one may not rely on the zechut of a minyan to protect him, one needs to be safe. </ref><br />
#If there ten people standing on their own porches and can see one another, some say that one can not create a minyan in such a manner, while others hold that one can.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950656/rabbi-hershel-schachter/piskei-corona-14-forming-a-minyan-outside/ Rav Schachter (Piskei Corona #14)] holds that it isn't a valid minyan. However, Rav Shternbuch (teshuva Nissan 8 5780) held that it is a valid minyan. To satisfy all the opinions the shaliach tzibur should have in mind that when he does chazarat hashatz that he could be praying a voluntary tefillah. They can't join if they're across the street and within ten tefachim of the ground. The shaliach tzibur needs to be able to see everyone. For kriyat hatorah that is done with porches initially one should call up the baal koreh or anyone on his porch, then one can even call up to an aliya someone on another porch as long as he can hear the baal koreh. The kohanim should leave before retzah because they can't say birkat kohanim. Someone davening alone doesn't have to hear kriyat hatorah since it is an obligation of the community and not individual. Rav Asher Weiss (Teleconference with Aguda, April 2 2020) was also inclined to hold that it is possible to make a minyan with people on porches who can see each other.<br />
<br />
*Mishna Brurah 55:48 based on Rashba responsa 1:96 holds that one can learn from the laws of zimmun that if people can see each other they can join for minyan.</ref><br />
#You can't create a minyan with a video (e.g. zoom or skype) or phone call but one can join a minyan of ten men in one room with a video or phone call in order to answer [[dvarim shebekedusha]].<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)], Rabbi Nacson in Laws of Praying Beyachid p. 4 based on Yalkut Yosef 5775 ed Yamim Noraim p. 17, Yabia Omer 1:19:18, Chazon Ovadia Purim p. 56</ref><br />
#It isn't considered a minyan for people to join together to daven on a video conference but it is still somewhat spiritually valuable.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)]</ref><br />
<br />
===Answering [[Amen]]===<br />
<br />
#Even if there is a time delay between the person reciting the bracha and the one answering it that wouldn't be considered an [[Amen Yetoma]].<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)], [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)], Rabbi Nacson in Laws of Praying Beyachid p. 4 based on Yalkut Yosef 5775 ed Yamim Noraim p. 17, Yabia Omer 1:19:18, Chazon Ovadia Purim p. 56</ref><br />
<br />
===Megillah===<br />
<br />
#There is a major dispute if a person could fulfill their mitzvah of listening to the megillah on the phone or through watching a live streamed video. Some rabbanim advised this,<ref>Rav Schachter cited by [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)] and Rav Aviner agreed.</ref> while others hold that one can't fulfill one's mitzvah at all.<ref>Rav Dovid Feinstein cited by [http://podcast.headlinesbook.com/e/coronavirus-what-the-halacha-tells-us/ Rabbi Fink] and [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)]</ref> See this topic explained more fully here: [[Brachot_Through_a_Microphone]].<br />
<br />
==Netilat Yadayim==<br />
<br />
#If a person wants to wash his hands with soap and wash [[Netilat Yadayim for a meal]], one should first wash Netilat Yadyaim for the meal, dry the hands, recite the bracha, and then wash one's hands with soap and then recite the Hamotzei.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Willig (min 30-34)]</ref><br />
<br />
==Shabbat Davening==<br />
===Friday Night===<br />
#Although the reason for reciting Shalom Alechem on a Friday night is that the angels accompany you home from shul and you welcome them to your home, if one was unable to attend shul on a Friday night, he would still sing Shalom Alechem.<ref>[https://vimeo.com/399141271 Rabbi Moshe Heinemann] at around 28:30 in the name of Rav Moshe Feinstein, because Hashem will not punish you by not sending the angels when you weren't able to attend</ref><br />
===Davening for the Sick===<br />
# It is generally prohibited to daven on Shabbat for our needs or for the well-being of a sick person. However, if the person is in a state of mortal danger one may daven for his well-being on Shabbat.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951537/rabbi-hershel-schachter/piskei-corona-25-davening-for-the-sick/ Rav Schachter (Piskei Corona #25)]</ref> See [[Shabbat_Davenings#Personal_Requests]] for all of the details of this topic.<br />
<br />
===[[Kriyat Hatorah]]===<br />
#A person who is at home and can't be at shul should nonetheless read the parsha from a chumash between Shacharit and Mussaf as a way of remembering the concept of kriyat hatorah. He can use that reading as part of his reading of [[Shenayim Mikra Vechad Targum]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] quoting Rabbi Willig. [https://www.star-k.org/videos.php Rabbi Moshe Heinemann] around minutes 7-10 agrees that you should do so on Shabbat, but that it is not necessary on Monday and Thursday. </ref> Some think this doesn't accomplish anything.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950291/rabbi-hershel-schachter/piskei-corona-8-krias-hatorah/ Rav Schachter (Piskei Corona #8)]</ref><br />
#When the congregation misses a kriyat hatorah they can make it up by reading two parshiyot next week in Shul. However, if they miss multiple weeks there is a discussion if they should or could make up all of the parshiyot that they missed.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] based on Rama and Magen Avraham</ref><br />
#A person should not move a sefer torah out of a Shul for a home minyan.<ref>[https://drive.google.com/file/d/14IUOs2OOMhloqYwnbv3iKGrWS6GbYGId/view?usp=drivesdk Rabbi Yonatan Nacson in Laws of Praying Byachid (p. 10)] citing Rav Asher Weiss</ref> See [[Respecting_a_Sefer_Torah#Transporting_a_Sefer_Torah]] for more details.<br />
#There still is an obligation of [[Shenayim Mikra Vechad Targum]] when the there is no congregation doing the Kriyat Hatorah in shul.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950291/rabbi-hershel-schachter/piskei-corona-8-krias-hatorah/ Rav Schachter (Piskei Corona #8)</ref><br />
#One doesn't recite [[Baruch Shemey]] when praying by oneself since it is part of the activity of removing the Sefer Torah.<ref>Mishna Brurah 134:13</ref><br />
===Anim Zemirot===<br />
# A person davening alone doesn't have to recite Anim Zemirot.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951536/rabbi-hershel-schachter/piskei-corona-24-anim-zmiros-without-a-minyan/ Rav Schachter (Piskei Corona #24)] explains that anim zemirot was instituted only for a minyan, and according to Rav Soloveitchik was considered a [[dvar shebekedusha]].</ref><br />
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==[[Hagomel]]==<br />
<br />
#A person who was quarantined and got out of quarantine doesn't recite Hagomel since they were in no danger.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
#A person needs to recite [[hagomel]] in front of a [[minyan]] of ten men. Some suggest that this can be recited before ten people listening on a video or phone call and can answer amen. Even though they aren't present, the minyan in this context is purely to publicize the idea so it is permissible.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)]</ref> Others disagree and as long as the minyan isn't in the same room one can not recite hagomel.<ref>Divrei Dovid 4:3</ref><br />
#According to Ashkenazim, if a person is ill with a sickness to the point that he is a choleh sheyesh bo sakana, a concern of mortal danger, he should recite Hagomel, but if he less sick than that there is no need to recite Hagomel.<ref>Rama 219:8, [http://nleresources.com/2020/03/rav-asher-weiss-coronavirus-in-halacha/#.XnoNOIjYrIU Rav Asher Weiss (March 15 2015, min 11)]</ref> Sephardic tradition is to recite Hagomel anytime someone was sick in bed such as with a flu or bad cold even for a short period of time.<ref>[https://itorah.com/global-search/birkat%20hagomel Rabbi Mansour ("Saying Birkat Hagomel Within 3 Days and Laws of Birkat Hagomel Following A Sickness")]</ref><br />
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==[[Bedikat Chametz]] and [[Biur Chametz]]==<br />
<br />
#A person should do bedikat chametz after praying by oneself at Tzet Hakochavim and then immediately begin the bedika. They should not have a meal within a half hour of the bedika.<ref>[https://www.torahanytime.com/#/lectures?v=106099 Rav Shmuel Fuerst (min 1-5)],[https://www.yutorah.org/sidebar/lecture.cfm/950401/rabbi-dan-cohen-rabbi-meir-gavriel-elbaz/pesach-prep-simplified/ Rav Meir Elbaz (min 17-8)]</ref><br />
#Because one can't do a large communal Chametz burning because gatherings aren't safe and even doing it with a few people at a time can look to non-Jews as unsafe. Rather one should just do biur chametz with a Kezayit by flushing it down the toilet.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-3-Mar-26-2020.pdf Rav Herschel Schachter (teshuva Rosh Chodesh Nissan 5780)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]. [https://www.jpost.com/Israel-News/Chief-Rabbis-Dont-leave-home-to-burn-chametz-for-Passover-623072 Rav Yitzchak Yosef and Rav David Lau] said that one should not go outside to burn chametz or kasher pots.</ref><br />
#A person should sell chametz in the house or office if he left there before he had the chance to do a bedikat chametz. By selling the chametz there he is absolving himself of having to do bedikat chametz.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/950401/rabbi-dan-cohen-rabbi-meir-gavriel-elbaz/pesach-prep-simplified/ Rav Elbaz (min 26)], Rav Asher Weiss (Teleconference, March 29 2020 11am)</ref><br />
<br />
==Selling [[Chametz]]==<br />
<br />
#If a person doesn't usually [[sell chametz]] and is afraid that if he doesn't sell chametz one year he isn't going to have food afterwards he can sell his chametz. He wouldn't require a [[hatarat nedarim]].<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (min 20)], [https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 9-11)]. [http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-3-Mar-26-2020.pdf Rav Herschel Schachter (teshuva Rosh Chodesh Nissan 5780)] explained the reason why the hatarat nedarim isn't necessary. [https://vimeo.com/399141271 Rabbi Moshe Heinemann] at around 46:45 agrees that if there is a big loss one can be lenient and sell chametz and it would not require hatarat nedarim, although he isn't so sure that it would be a big loss to an individual.</ref><br />
#A person can sell his chametz on the phone or online and if possible a kinyan can be made virtually in order to appoint the rabbi to sell the chametz. The kinyan would take place as follows: the rabbi would ask if there's someone standing next to the one who wants to appoint the rabbi and if there is then that person can give a pen or a utensil to the one who wants to appoint the rabbi as his shaliach. This is considered a valid kinyan between the person standing there and the one who wants to appoint the rabbi on behalf of the rabbi to be appointed. If that isn't feasible it isn't necessary. Nonetheless, one could stipulate in the document that this appointment of the rabbi is done with the full knowledge of its legal ramifications and it is accepted completely.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-1-Mar-24-2020.pdf Rav Hershel Schachter (Teshuva dated 28 Adar 5780 p. 2)], Nefesh Harav p. 179, [https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (min 1-5)] explained that the minhag is to make a kinyan to appoint a someone to sell something for you. This is classically done with a handing of a handkerchief from the rabbi to the one selling chametz. However, when they call on the phone that isn't possible. The Steipler held in such a case it isn't necessary to be careful about that minhag and simply have the person orally declare that he appoints the rabbi. However, Rav Soloveitchik felt that we should try to fulfill the minhag in any event. How can it be fulfilled? One can have someone standing in the room next to the person on the phone give something to the person on the phone on behalf of the rabbi. That is an effective halachic kinyan on behalf of the rabbi (see Kiddushin 7a). [https://www.torahanytime.com/#/lectures?v=106099 Rav Shmuel Fuerst (min 10)] explained that one can appoint the rabbi to sell his chametz online. Rav Asher Weiss (Minchat Asher Corona p. 66) agrees. [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal] allowed appointing the rabbi online if he is a talmid chacham.</ref><br />
#There is no issue with the selling of Chametz even though the Chametz is in a locked building or in a place that isn't accessible to the non-Jew because of the coronavirus situation.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950290/rabbi-hershel-schachter/piskei-corona-10-chametz-sheeno-birshuso/ Rav Schachter (Piskei Corona #10)]</ref><br />
#Some poskim allow ordering chametz on Pesach if one is certain that it will only be delivered after pesach.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951179/rabbi-hershel-schachter/piskei-corona-17-ordering-chametz-from-a-non-jew-on-pesach-to-arrive-after-pesach/ Rav Schachter (Piskei Corona #17)] explains that it isn't considered rotzeh bkiyumo, wanting the chametz to continue to exist, to order the chametz since one doesn't insist on any particular box of chametz that the company provides. However, one certainly may not acquire it with a kinyan such as picking it up or moving it. Even if it is delivered into one's property if one has intention not to acquire it, one doesn't acquire it. Yet, one can't even protect it since doing so is an issue of rotzeh bkiyumo. [https://yeshiva-university.zoom.us/rec/play/usAsduuh-283HoLAtASDAPZ9W9S0eq2s0igX-_pez0jkW3EFZFr1M7QRa7Qf9B_vOGt5lyO0vcW9I1-0?startTime=1585760529000&_x_zm_rtaid=CQsocm3ZRaq6pGgFL5OMGQ.1585880286593.75ff95374a21dbfc2f0c45524d508e2a&_x_zm_rhtaid=674 Rav Willig (April 1 2020, min 0-2)] agreed in technical terms.</ref><br />
<br />
==Buying for Pesach==<br />
<br />
#If you have raw chicken or raw meat you don't have to worry that it is chametz even if it was processed in a place where there was chametz. You can simply wash it off to solve any question.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 11-15)]</ref><br />
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==Kitniyot==<br />
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#Out of a concern of the coronavirus, this year some poskim permit taking vitamins which have additives of [[kitniyot]] in order to stay healthy and to strength one's immune system.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950289/rabbi-hershel-schachter/piskei-corona-7-kitniyos/ Rav Schachter (Piskei Corona #7)]</ref><br />
#Someone with Crohn's disease and needs to drink an enriched milk with kiniyot additives for his health can do so on Pesach. Also, he can do so within 6 hours after eating meat (see [[Waiting between Meat and Milk]]).<ref>[https://www.yutorah.org/lectures/lecture.cfm/950289/rabbi-hershel-schachter/piskei-corona-7-kitniyos/ Rav Schachter (Piskei Corona #7)]</ref><br />
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==[[Kashering for Pesach]]==<br />
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#Some poskim allow [[kashering a dishwasher]] for Pesach even though there are plastic and other materials in there that are questionable to kosher. One should wait 24 hours without using it and then use with just hot water and no soap. According to Ashkenazim this should be used to kosher it from Chametz but not from meat to parve or milk or vice versa.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-3-Mar-26-2020.pdf Rav Herschel Schachter (teshuva Rosh Chodesh Nissan 5780)]</ref><br />
#Some hold that one can kasher plastic, while others disagree. See on the [[Kashering_the_Kitchen_for_Pesach#Which_materials_can_be_kashered.3F]] page.<br />
<br />
==Pesach Davening==<br />
===Hallel Pesach Night===<br />
<br />
#There is a custom of Sephardic and some Ashkenazic communities to recite Hallel Pesach night in Shul. However, being that the current situation demands that a person needs to remain inside there is no way to fulfill this minhag and should not recite Hallel after davening. Rather one should only recite it at the Seder.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950285/rabbi-hershel-schachter/piskei-corona-9-hallel-on-pesach-night-and-tefillas-tal/ Rav Hershel Schachter (Piskei Corona #9)]</ref> Some Ashkenazic poskim would allow reciting a bracha.<ref>Rav Asher Weiss (Minchat Asher Corona p. 73-4) writes that a person who has the practice to recite the Hallel the night of the seder after davening can do so with a bracha even when davening individually.</ref><br />
#According to Sephardim, one should recite Hallel the night of the seder after davening with a bracha even though one is davening at home.<ref>Yachava Daat 5:34, Teshuva written by Rabbi Mordechai Lebhar author of Magen Avot (Erev Shabbat Hagadol 5780), Kaf Hachaim 487:38-42</ref><br />
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===Shir Hashirim on Chol Hamoed===<br />
#Ashkenazim generally have the custom to read Shir Hashirim on Shabbat Chol Hamoed Pesach. This year since there is no minyanim available, when one davens at home individually, there is no obligation to read Shir Hashirim. One may do so but it isn't in fulfillment of the minhag.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950655/rabbi-hershel-schachter/piskei-corona-13-shir-hashirim-on-chol-hamoed-pesach/ Rav Schachter (Piskei Corona #13)]</ref><br />
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===Tefillat HaTal===<br />
#One can recite the piyut for tal on Pesach was only instituted for a congregation, however if one wants to recite it one may do so.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950285/rabbi-hershel-schachter/piskei-corona-9-hallel-on-pesach-night-and-tefillas-tal/ Rav Schachter (Piskei Corona #9)]</ref><br />
#In Mussaf everyone should stop saying [[Mashiv Haruach Umorid Hageshem]] and instead recite Morid Hatal because one is davening individually and one may not change from the practice of saying Mashiv Haruach of the congregation until the Shaliach Tzibur has done so and this year there are no minyanim switching at mussaf. After Mussaf, starting with Mincha, one should follow their regular minhag if they usually recite Morid Hatal or not.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950285/rabbi-hershel-schachter/piskei-corona-9-hallel-on-pesach-night-and-tefillas-tal/ Rav Schachter (Piskei Corona #9)]</ref> See [[Mashiv_HaRuach_UMorid_HaGeshem#When_to_Stop_Morid_Hageshem_and_Start_Tal]] for the background.<br />
# For Sephardim, one may begin to recite Morid Hatal in Mussaf even though he praying individually and there is no minyan nearby.<Ref>Kaf Hachaim 114:8 and Halacha Brurah v. 6 p. 145 rule that the primary halacha is that there's no prohibition to begin to start to say Morid Hatal before the Shaliach Tzibbur. It is only forbidden for an individual to begin Mashiv Haruach Umorid Hageshem before the congregation does. This is the approach of the Bet Yosef citing the Ran, Pri Chadash, and Maamar Mordechai, unlike the Raavad cited by the Tur 114:2. However, in a regular year, the Kaf Hachaim and Halacha Brurah recommend being strict for the Raavad to have the Shaliach Tzibur announce before the Mussaf that everyone should begin to say Morid Hatal.</ref><br />
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==Machine Matza==<br />
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#It is permitted under extenuating circumstances to use [[machine matza]] for the mitzvah of eating matzah on the seder night.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards beginning)]. This is acceptable for Sephardim as well even with a bracha as described by Rav Ovadia Yosef in Yachava Daat 1:14 and Chazon Ovadia (Pesach Hilchot Leil Haseder 5763 Edition p. 76). [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim] holds that one should really used hand baked matzah but if one can't acquire any then one can use machine matzah. [https://yeshiva-university.zoom.us/rec/play/uMB7I-D--j83ToDAtgSDUaJ7W9Xueqis0nRK-6FfmUm0VSMBZ1qjYLIbZbHenouY882eTH8fEnI5K7DA?startTime=1585587811000&_x_zm_rtaid=5PWyeRatQdGWZ2q1UH7K6w.1585657713810.05dafc99f0c11cb46ffb1a63ddd87e47&_x_zm_rhtaid=904 Rav Willig (min 2)] has a similar approach.</ref><br />
#Some say that there's no concern to have the hand baked matzot this year.<ref>Rav Asher Weiss (Teleconference March 22 2020, min 19) said that there's no concern to use the hand-baked matzot since they were baked earlier in the year. His personal minhag is to have only hand baked matzot. In terms of using machine matzah he felt that it is only a chumra not to use them even for the mitzvah of motzei matzah and one could use them if there's no other option.</ref><br />
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==[[Eruv Tavshilin]] and [[Eruv Chatzerot]]==<br />
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#A rabbi should establish an eruv tavshilin on behalf of his whole community. Even though usually he acquires it to another person who isn't a family member on behalf of the community, this year because of social distancing one can acquire it to one's wife. <ref>[https://www.yutorah.org/lectures/lecture.cfm/951181/rabbi-hershel-schachter/piskei-corona-19-eruv-tavshillin-and-eruv-chatzeiros-and-social-distancing/ Rav Schachter (Piskei Corona #19)]</ref><br />
#An eruv tavshilin works to allow cooking from Yom Tov to Shabbat even though it isn't possible to have guests in most cases.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951181/rabbi-hershel-schachter/piskei-corona-19-eruv-tavshillin-and-eruv-chatzeiros-and-social-distancing/ Rav Schachter (Piskei Corona #19)] explained that usually we use the concept of ''hoil'', since guests might arrive who can eat the food one cooked, to permit cooking from one day of Yom Tov to Shabbat. However, this year that seems not to be applicable. Rav Schachter explained based on the Maharam Chalavah that ''hoil'' doesn't necessitate that one actually have guests or even have the ability to have guests, it is rather a halachic principle since objectively it is possible to have guests the eruv is effective.</ref><br />
#The communal eruv chatzerot continues to be effective even though the communal box of matzah's might not be accessible.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951181/rabbi-hershel-schachter/piskei-corona-19-eruv-tavshillin-and-eruv-chatzeiros-and-social-distancing/ Rav Schachter (Piskei Corona #19)] explained that since theoretically it is possible to get the box alone for a few minutes it isn't completely inaccessible (see Har Tzvi OC 2:16).</ref><br />
#It is permissible to wear a surgical mask on Shabbat outside and it isn't [[carrying]] as long as it is fastened well and won't fall off.<ref>[https://itorah.com/daily-halacha/lecture/may-one-wear-a-surgical-mask-on-shabbat-in-a-public-domain/3803 Rabbi Mansour]</ref><br />
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==Birchat Ha'ilanot==<br />
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#One can recite birkat hailanot from indoors if one can see the trees but one may not recite them by seeing the trees on a video.<ref>Ateret Paz p. 154-6</ref> See the [[Birchat HaIlanot]] for more details and sources.<br />
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==[[Tanit Bechorot]]==<br />
#A person should try to finish a short masecheta to make his own siyum.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-1-Mar-24-2020.pdf Rav Hershel Schachter (Teshuva dated 28 Adar 5780 p. 2)], [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref> Some say that learning one masechta with Bartenura is sufficient.<ref>[https://itorah.com/daily-halacha/lecture/ta-anit-bechorot-during-the-coronavirus-pandemic/3802 Rabbi Mansour], [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref><br />
# Many poskim say that he can rely on a siyum over the phone or video livestream.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-1-Mar-24-2020.pdf Rav Hershel Schachter (Teshuva dated 28 Adar 5780 p. 2)]. [https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards beginning)]. [https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 1-4)] explained that Rav Schachter and Rav Shlomo Zalman Auerbach hold that it is enough to listen and join with the siyum over the phone or video call. However, other poskim don't like this leniency. Rav Asher Weiss (Teleconference March 22 2020, min 7) agreed that one can be yotzei with a siyum over the phone or video for the tanit bechorot. [https://www.torahanytime.com/#/lectures?v=106099 Rav Shmuel Fuerst (min 6)] agreed that this year you can be yotzei the siyum over the phone since it is an extenuating circumstance. [https://youtu.be/Yo6IJi2V-bw Rav Avigdor Nevinsal] agreed that you can be part of a siyum over the phone and the meal one has afterwards is a seudat mitzvah. [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim] holds that it is better to make a siyum oneself even on a tractate of mishna but if that's not possible one can listen on the phone.</ref><br />
# Some say that in the event one can't make one's own siyum or even hear someone else's, one doesn't need to fast this year in order to maintain strength in this time of a health crisis.<ref>[https://itorah.com/daily-halacha/lecture/ta-anit-bechorot-during-the-coronavirus-pandemic/3802 Rabbi Mansour]</ref><br />
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==Birkat Halevana==<br />
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#Ideally one should recite birkat halevana outdoors.<ref>Rama 426:4</ref> If one can not do so one can recite Birkat Halevana from inside but initially one should open the window.<ref>Pri Megadim M"Z 426:4, Mishna Brurah 426:21</ref> See the [[Birkat HaLevana]] page.<br />
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==Chol Hamoed==<br />
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#One can't buy stocks or sell them on Chol Hamoed, however, if not selling them could lead to a loss of one's original capital that one invested one can sell it.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref><br />
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See [[Chol Hamoed]] for many details.<br />
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==Using Zoom for the Seder==<br />
<br />
#Although a minority of rabbis allow using Zoom for this emergency situation in a very extenuating circumstance where an elderly single person is alone for the seder away from family because of the quarantines to use technology to leave a video conference going for Yom Tov to join with a family seder,<ref>[http://www.israelnationalnews.com/News/News.aspx/277764 Rabbi Eliyahu Abergel and other rabbis]</ref> most rabbis consider this to be a breach of halacha.<ref>Rav Asher Weiss (Teleconference March 22 2020 11am, min 39; teshuva in Minchat Asher Corona pp. 75-6), [http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-2-Mar-25-2020.pdf Rav Herschel Schachter (teshuva Adar 29 5780)], [https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 20-22)], [https://www.inn.co.il/News/News.aspx/432065 Rav Yosef Tzvi Rimon]. Rav Willig's held that it is absolutely forbidden and it is a tremendous zilzul Shabbat besides questions of others prohibitions of Shabbat.</ref> There is a discussion if the firstgroup of rabbis retracted.<ref>[https://vosizneias.com/2020/03/24/the-heter-for-zoom-at-the-seder-is-incorrect-and-should-be-retracted/ Rabbi Yair Hoffman] describes how 3 of the original signers of the lenient ruling would only permit under life and death needs and not in general. However, [https://www.jpost.com/israel-news/zoom-passover-seder-rabbis-hit-back-at-critics-622494 another article] describes how some of the original rabbis who were lenient confirmed their opinions.</ref><br />
#It is suggested to perform a pre-pesach zoom seder for people who you can't invite to your seder in order to share divrei torah, songs, and the experience of the seder before Yom Tov.<ref>[https://www.inn.co.il/News/News.aspx/432065 Rav Yosef Tzvi Rimon]</ref><br />
#For someone who is clinically depressed to the point that there is a concern of suicide or just losing one's mind it is permitted to use a phone to call him to cheer him up and check on him. However, if there's a way to check the patient before Pesach one should do so.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-2-Mar-25-2020.pdf Rav Herschel Schachter (teshuva Adar 29 5780)]. [https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Willig (min 24)] agrees that we violate Shabbat for someone who is suicidal but they can use the phone.</ref> A person should check with his rabbi in each case.<br />
#A person should recite Ha lachma anya this year as one would any other year, even though that phrase is a call for inviting guests and this year that is impossible.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951299/rabbi-hershel-schachter/piskei-corona-21-can-we-say-kol-dichfin-this-year-/ Rav Schachter (Piskei Corona #21)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
<br />
==[[Sefirat Haomer]]==<br />
<br />
#If someone couldn't get a hair cut because the barbers were all closed before Pesach, then if one reached the point when it very noticeably long and people would tell him to get a haircut he can take a haircut during [[Sefira]]. Today it can be estimated that if it has been more than 2 months since his last haircut he can take a haircut during the Sefira.<ref>https://www.yutorah.org/lectures/lecture.cfm/950659/rabbi-hershel-schachter/piskei-corona-16-haircuts-on-chol-hamoed-and-sefira/ Rav Schachter (Piskei Corona #16)</ref><br />
<br />
==Mikveh==<br />
<br />
#Each community rabbi needs to decide these sort of questions however in theory it is possible for the Mikva to remain open and allow women who aren't having symptoms or aren't quarantined to go to Mikva. They should be extra careful about hygiene and prepare completely at home, go to the Mikva where there is no contact with anyone besides a brief contact with the water which has chemicals for cleanliness. Then upon returning home there are poskim who allow the woman to take a shower when she gets home to clean herself off.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/950654/rabbi-hershel-schachter/piskei-corona-12-showering-after-the-mikvah/ Rav Hershel Schachter (Piskei Corona #12)], [https://www.torahanytime.com/#/lectures?v=105574 Rabbi Shay Tahan]. Rav Asher Weiss (March 29 2020) said it is obviously permitted to overlook the chumra of not showering when the woman returns from mikveh at these times.</ref><br />
# On Shabbat, if a woman goes to mikveh she can not take a hot shower when she gets back since turning on the hot water is causing cold water to enter the boiler and cook. Rather she should either decide to take a completely cold shower or delay the mikveh until Motzei Shabbat. She should also not decide not to take a shower at all because one shouldn't do something unsafe when there's an option to delay going to mikveh.<Ref>[https://www.yutorah.org/lectures/lecture.cfm/951538/rabbi-hershel-schachter/piskei-corona-26-showering-when-returning-home-from-the-hospital-or-the-mikvah-on-shabbos-or-yom-tov/ Rav Schachter (Piskei Corona #26)]</ref><br />
# On Yom Tov, according to those who are lenient to permit [[showering on Yom Tov]], when a woman returns from the mikveh should do so. Rav Schachter's opinion is that it is only permitted to take a shower on Yom Tov with water that is just hot enough to remove the chill from the water (less than lukewarm). If she decides she doesn't want to take such a shower, she should delay going to mikveh until after Yom Tov.<Ref>[https://www.yutorah.org/lectures/lecture.cfm/951538/rabbi-hershel-schachter/piskei-corona-26-showering-when-returning-home-from-the-hospital-or-the-mikvah-on-shabbos-or-yom-tov/ Rav Schachter (Piskei Corona #26)]</ref><br />
#The OU has established [https://www.ou.org/covid-19-and-the-mikvah-recommended-protocols/?utm_source=SilverpopMailing&utm_medium=email&utm_campaign=Mikvah%20Guidance%20(1)&utm_content=&spMailingID=32100310&spUserID=MTM2NTc0Mjg0NTYwS0&spJobID=1683098314&spReportId=MTY4MzA5ODMxNAS2 health guidelines] in order to allow a mikveh to remain open.<br />
#The RCBC also stated that Mikva's are remaining open for the time.<ref>[https://www.theyeshivaworld.com/news/featured/1839350/no-shul-yeshivas-shabbos-guests-levayos-shiva-vaad-harabanim-of-bergen-county-releases-letter.html RCBC letter on yeshivaworld.com]</ref><br />
#The men's mikveh's should be closed at this time. Even if a person is careful to go to mikveh each day he can fulfill this custom by taking a 5 minute shower.<ref>Rav Asher Weiss (Teleconference March 22 2020, min 12)</ref> See [[Preparations_for_Davening#Going_to_Mikveh]] for details.<br />
<br />
==Tevilat Kelim==<br />
<br />
#Each community should decide whether or not close the kli mikveh out of a safety concern. You can do the [[tevilat kelim]] in the ocean.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 5-9)], [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref><br />
#Alternatively, one can use tevilat kelim in the mikvah while wearing gloves, then throw out the gloves, wash off the kelim with soap and water. If the community has other procedures for safety one should observe them.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 5-9)], [https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 3-4)]</ref><br />
#As a last resort one can avoid tevilat kelim by giving the pots to a non-Jew and borrowing them back. One can rely on this until the virus passes.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 5-9)], [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]. [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal] said that one could rely upon this if there was no other option. [https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 14-16)] allows selling the kelim to a non-Jew. Rav Yosef Tzvi Rimon (teshuva dated Nisan 1 5780) recommended this.</ref> If one can't sell or gift the pots to a non-Jew oneself one can do so online through [https://nirshamti.co.il/e-%D7%98%D7%91%D7%99%D7%9C%D7%94/ Zomet].<br />
#Another option is for a person to declare the pots that need tevilat kelim to be ownerless (hefker) in front of 3 Jews. One has to have full intent that the pots are ownerless and if someone took them one would have no claim upon them. If these Jews can't be there in person it is sufficient if they are present through social media technology but they should be people who live in the neighborhood. They should then leave the pots outside their house for a few minutes so that if someone wanted to take them they could. <ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-1-Mar-24-2020.pdf Rav Hershel Schachter (Teshuva dated 28 Adar 5780 p. 1)], [https://itorah.com/daily-halacha/lecture/if-one-has-new-utensils-which-he-is-unable-to-immerse/3801 Rabbi Mansour]</ref> Others disagree.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 5-12)] said that one shouldn't use the solution to make the pots hefker since you're using the kelim. See Sefer Tevilat Kelim p. 84 based on Maharil Diskin. See S"A Harav 445:1 that hefker that isn't meaningful since you plan to reacquire it isn't a solution. However, Rav Elyashiv and Rav Soloveitchik allowed it in extenuating circumstances. Rav Asher Weiss (Minchat Asher Corona p. 72) writes that one should avoid using new pots and relying on this leniency to mafkir but in an extenuating circumstance one can rely on it.</ref><br />
#If there's are no solutions, some poskim would allow using the pots without tevilat kelim in this extenuating circumstance.<ref>Rav Asher Weiss (Teleconference, March 22 2020 11am), Rav Yosef Tzvi Rimon (Teshuva dated Nisan 1 5780)</ref><br />
#Regarding a seder plate and kos shel eliyahu requiring tevilah, see [[Tevilat Kelim]] page.<br />
<br />
==[[Brit Milah]]==<br />
<br />
#A Brit Milah can be done without a minyan since gatherings aren't safe.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
#A grandfather or someone else involved in a brit milah via zoom can recite the naming of the baby but he should not recite the bracha of asher kidash yadid mbeten.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951300/rabbi-hershel-schachter/piskei-corona-22-participating-in-a-simcha-via-zoom/ Rav Schachter (Piskei Corona #22)]</ref><br />
<br />
==Naming a Girl==<br />
<br />
#Although normally we try to name a baby girl at an aliya to the Torah, a person doesn't need a minyan in order to name a girl and under the circumstances should do so without delay.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Neventzal], [https://www.yutorah.org/lectures/lecture.cfm/950292/rabbi-hershel-schachter/piskei-corona-11-krias-shem-for-a-baby-girl/ Rav Schachter (Piskei Corona Teshuva #11)], [https://vimeo.com/399141271 Rabbi Moshe Heinemann] at about 16:45</ref><br />
<br />
==Bar Mitzvah's==<br />
<br />
#[https://www.torahanytime.com/#/lectures?v=105558 A message for Bar Mitzvah Boys in the Lockdown by Rabbi Pesach Krohn]<br />
#A bar mitzvah boy who missed the opportunity to read his parsha in shul when he became bar mitzvah'ed when it is next possible to go to shul he can add his parsha as a hosafa and read it then. Additionally, the haftorah can follow that hosafa.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards end)]</ref><br />
#The father of a Bar Mitzvah boy who couldn't layn should wait until he can do something that shows he's Bar Mitzvah like layn or daven as Shaliach Tzibbur to make such a bracha.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
<br />
==Weddings==<br />
<br />
#Ideally a wedding shouldn't be pushed off if both parties are ready even though it means having a tiny wedding.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal], [https://www.kimizion.org/maamar/5780_5784/keter.pdf (Keter Yitanu Lecha p. 38)]</ref><br />
#A rabbi should not officiate at a wedding that isn't abiding by the CDC guidelines of health because he is furthering unsafe practices.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards beginning)]</ref><br />
#It has been asked whether or not the poskim are more lenient this year regarding weddings during [[Sefira]] but the answer is that it is not determined because the situation is still unclear.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref> Some are lenient but it is best to schedule for [[Rosh Chodesh]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref><br />
#If in this dire situation it isn't possible to have a minyan, it is possible to have a wedding nonetheless without [[Sheva Brachot]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/951180/rabbi-hershel-schachter/piskei-corona-18-getting-married-with-less-than-10-men-present/ Rav Schachter (Piskei Corona #18)] explained that although it isn't possible to recite Sheva Brachot and seemingly they forbid the couple to each other without Sheva Brachot in this extenuating circumstance one can rely upon the opinion that the wedding is valid and they are permitted even without Sheva Brachot (see Nodeh Beyehuda EH 1:56). For birkat erusin certainly having a minyan isn't critical (Shulchan Aruch E.H. 34:4) although it is preferable and in this circumstance unnecessary. From Bet Shmuel 64:4 it appears to be a dispute between the Shulchan Aruch and Rama whether one is allowed to have a wedding at all if it is extremely difficult to get a minyan, the Rama being lenient. </ref><br />
#A minyan for [[sheva brachot]] can not be created via Zoom. Additionally, one can't recite a bracha of sheva brachot for the couple via Zoom.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951300/rabbi-hershel-schachter/piskei-corona-22-participating-in-a-simcha-via-zoom/ Rav Schachter (Piskei Corona #22)]</ref><br />
<br />
==[[Fast Days]]==<br />
<br />
#If the rabbis declare a half fast day until [[Chatzot]] according to Ashkenazim an individual can recite [[Anenu]] in Mincha Shemona Esrei<ref>Rama 562:1 writes that Ashkenazim hold that even for an incomplete fast one can recite anenu. Mishna Brurhah 562:48 references this Rama in discussing a fast that was accepted to fast until chatzot. The Mishna Brurah 562:7 cites a debate as to whether one should omit the words צום תעניתנו while reciting עננו in such a scenario as many poskim argue that a half fast is not considered a fast and therefore one would not want to risk speak falsely, particularly when he is speaking to Hashem.<br />
<br />
*[https://www.theyeshivaworld.com/news/israel-news/1841977/hagaon-harav-chaim-kanievsky-calls-to-fast-for-half-a-day-on-erev-rosh-chodesh.html Rav Chaim Kanievsky] declared a half fast on Erev Rosh Chodesh Nissan 5780.</ref> assuming he is still fasting when he prays Mincha.<ref>Mishna Brurah 562:6</ref> According to Sephardim one can only recite anenu if one fasts the entire day.<ref>Shulchan Aruch 562:10-11 holds that a incomplete fast is not considered a fast with respect to saying anenu. Therefore if one only fasts until chatzot one should not recite anenu.</ref><br />
#A person should accept the fast from the day before, as is traditionally done at mincha time. If one didn't do so, according to Sephardim one shouldn't recite anenu, but according to Ashkenazim one can recite anenu.<ref>Shulchan Aruch and Rama 562:5</ref><br />
<br />
==Mezuzah==<br />
<br />
#A person should not kiss any mezuzah, or any siddur or chumash of a shul or a public area at this time because of concern of spreading COVID19.<ref>[https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)], [https://www.jpost.com/israel-news/chief-rabbi-of-israel-due-to-coronavirus-stop-kissing-the-mezuzah-619753 Chief Rabbi Rabbi David Lau]</ref><br />
<br />
==Shalom Bayit==<br />
<br />
#It is critical to be mindful of other people when everyone is under stress and no one is completely comfortable. [https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Dr. Pelcovitz] discusses the implications quarantine can have Shalom Bayit.<br />
#It is forbidden for a couple to have [[tashmish]] at a night of famine<ref>Gemara Tanit 11a, Shulchan Aruch O.C. 240:12</ref> since everyone is in distress it is incumbent on everyone to take upon himself an aspect of distress.<ref>Mishna Brurah 574:9</ref> The same is true for any time of societal distresses.<ref>Rama 240:12 based on Yerushalmi Tanit. Olot Tamid 240:6 (cited by Kaf Hachaim 240:85) understands the Rama to apply to any type of tragedy that we would declare a fast over.</ref> Others disagree.<ref>Shaarei Knesset Hagedola (Hagahot Tur 240:5) writes that tashmish is only forbidden during a famine, plague of the crops, locusts and the like which cause a famine but not for other tragedies or troubles. Kaf Hachaim 240:85 rules like the Shaarei Knesset Hagedola either because that is the explanation of the Yerushalmi or we don't follow the Yerushalmi.</ref><br />
#It is permitted to have tashmish on mikvah night.<ref>Shulchan Aruch O.C. 574:11 writes that it is permitted for a couple to have tashish on mikva night. Mishna Brurah 574:11 cites the Magen Avraham who argues with Shulchan Aruch but then he cites the Bigdei Yesha and Nahar Shalom who are lenient and there's what to rely on to follow Shulchan Aruch. Mishna Brurah concludes that certainly one can be lenient at a time when it isn't a famine and it is just another time of distress in the world.</ref><br />
#It is permitted to have tashmish for a couple who didn't yet fulfill [[pru urevu]].<ref>Shulchan Aruch O.C. 240:12, 574:4, Mishna Brurah 240:47</ref> Once his wife is pregnant this leniency doesn't apply.<ref>Mishna Brurah 574:12</ref><br />
#If he has a strong yetzer hara and there is a concern of [[hashchatat zera]] it is permitted.<ref>Mishna Brurah 240:46</ref><br />
#There is what to rely upon to have tashmish at a time of war and there is no midat chasidut to be strict, especially for young couples even for someone who fulfilled pru urevu.<ref>Tzitz Eliezer 13:21</ref><br />
#During the time then the plague of corona virus is rampant in the world there is a lot to rely upon to have tashmish. Someone who wants to be strict can do so.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949166/rabbi-ally-ehrman/is-tashmish-hamitta-permitted-during-the-coronavirus-pandemic-/ Rabbi Ehrman on yutorah]. Rav Asher Weiss (Zoom Conference, March 22 2020, 11am, min 15) was lenient he said that the situation presently isn't one that rises to the level where we need to declare a fast. Also, since domestic violence recently has been on the rise because of the quarantines one shouldn't be strict in this area. </ref><br />
<br />
==Laid off Workers and Cancelled Contracts Because of Corona==<br />
<br />
#If there's a employee that is unable to work because of a societal or national crisis the employees should continue to be paid by the employers according to many opinions or at least they should make a compromise.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949287/rabbi-michoel-zylberman/coronavirus-and-laid-off-employees/ Rabbi Zylberman on yutorah]. Mordechai b"m 343 writes that if there's a decree in the town that the teachers can't teach the teachers should still be paid. Rama C.M. 321:1 cites this Mordechai and applies it to any worker in 334:1. The Sama 334:2 argues with the Mordechai and holds that since the employee can't work and both aren't at fault and both couldn't foresee this the employer is exempt. Netivot 334:1 limits the idea of the Mordechai to a teacher and not other employers since a teacher is paid for sachar betela (see [[Laws_of_Learning_Torah#Taking_Money_for_Learning_and_Teaching_Torah]]). Shach 334 holds that this opinion of the Mordechai only applies if majority of the town ran away because of a crisis but if only a minority runs away then the employee isn't entitled to payment. Aruch Hashulchan 334:10 has another approach. If the situation prevents the worker from working then he is entitled to pay but if he runs away then he isn't. Rabbi Zylberman explained from Mishpat Poalim we think that this is a case of Hamotzei Mchavero Alav Harayah, whoever is holding onto the money can claim that he is exempt from paying or returning the money. Rav Asher Weiss in Minchat Asher 2:106 says that they should make a compromise, and Rav Bleich ([https://www.sefaria.org/Contemporary_Halakhic_Problems%2C_Vol_IV%2C_Chapter_XIV_The_Intifada_and_the_Gulf_War.35?lang=bi&with=all&lang2=en Contemporary Halachic Problems v. 4]) thinks that we follow the Rama. Once the Chatom Sofer had a case in his town and he felt that they should pay but he couldn't force everyone to pay it so he told them to pay half. Rav Yona Reiss had a case where they made a compromise. <br />
<br />
*Rav Asher Weiss (Zoom Conference, March 22 2020, 11am, min 21-25) thought that one should compromise and give the workers who aren't working 30% of their pay. This applies Jewish and non-Jewish workers. This is based on the Rama and Sama CM 221. As for the day schools and daycares that are closed and not providing services one theoretically should be exempt. Since it might be devastating to the schools one needs to wait until the government makes a decision. Either way, we should wait until there is a major decision from the government or authorities and follow that. Until then for the schools we should pay so that the teachers can have a salary for their [[parnasa]].</ref><br />
#This applies to contractors for cancelled events as well.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949287/rabbi-michoel-zylberman/coronavirus-and-laid-off-employees/ Rabbi Zylberman on yutorah]</ref><br />
#If someone rented out an apartment to someone and then he wants to retract because of a concern that the potential tenants have the virus, some say that it is forbidden to back out of the contract.<ref>[http://kol-barama.co.il/item/%D7%A4%D7%99%D7%A7%D7%95%D7%97-%D7%A0%D7%A4%D7%A9-%D7%A7%D7%95%D7%A8%D7%95%D7%A0%D7%94-%D7%A2%D7%A4%D7%99-%D7%94%D7%94%D7%9C%D7%9B%D7%94/ Rav Yakov Sinai] based on Rama in teshuva, Shach CM 312 and other sources</ref><br />
==Yeshiva Tuition==<br />
See previous section about the background for this question.<br />
# Even though the question of whether a person should pay tuition while it is closed is subject to debate a person should make sure to pay in full as the yeshivot do not have enough money and it is critical to give tzedaka at this time, which is a great merit to protect oneself from any danger.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951789/rabbi-hershel-schachter/piskei-corona-27-the-importance-of-tzedaka-and-chesed/ Rav Schachter (Piskei Corona #27)</ref><br />
<br />
==[[Bikur Cholim]]==<br />
<br />
#A person doesn't have to and shouldn't visit someone who has a virus that contagious such as corona.<ref>[http://kol-barama.co.il/item/%D7%A4%D7%99%D7%A7%D7%95%D7%97-%D7%A0%D7%A4%D7%A9-%D7%A7%D7%95%D7%A8%D7%95%D7%A0%D7%94-%D7%A2%D7%A4%D7%99-%D7%94%D7%94%D7%9C%D7%9B%D7%94/ Rav Yakov Sinai (min 3)] explains that although the Rama in a teshuva and Knesset Hagedola hold that one should visit the sick even if they have a contagious disease, the Shulchan Gavoha and others disagree and that is the halacha.</ref><br />
#A person fulfills the mitzvah of bikur cholim on the phone according to many poskim.<ref>[https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Shlomo Aviner (Keter Yitnu Lecha p. 34)] citing Igrot Moshe YD 1:223 and Tzitz Eliezer 8:5. Rav Aviner added that the main idea of bikur cholim is to do what is best for the patient and in our context that is to call.</ref><br />
# Someone who is praying for a mortally ill patient to get better and doesn't know if he is still alive should pray for his well-being and not specifically for him to get better.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951537/rabbi-hershel-schachter/piskei-corona-25-davening-for-the-sick/ Rav Schachter (Piskei Corona #25)]</ref><br />
<br />
==Burial and Mourning==<br />
===Burial===<br />
#Each place should follow the guidelines that are in place for safety. If a minyan isn't possible, then the next thing that is to try to have is Jews doing the burial. If they don't even let that, then afterwards a Jew should check that the burial by the non-Jews was done properly in the ground.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 26-8)]. [https://www.yutorah.org/sidebar/lecture.cfm/951298/rabbi-hershel-schachter/piskei-corona-20-tahara-for-meisim/ Rav Schachter (Piskei Corona #20)] said that they should specifically have as few people as possible for the burial and maybe just the workers and that too fulfills the mitzvah of burial.</ref> It is forbidden to cremate and it is still considered not dangerous to properly do a burial with no tahara and minimal involvement of the fewest people or simply the cemetery workers.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951298/rabbi-hershel-schachter/piskei-corona-20-tahara-for-meisim/ Rav Schachter (Piskei Corona #20)]</ref><br />
#At this time the chevra kadisha should not perform a tahara for the deceased since it could lead to danger.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951298/rabbi-hershel-schachter/piskei-corona-20-tahara-for-meisim/ Rav Schachter (Piskei Corona #20)]</ref><br />
# A person who was buried in America because of the corona virus but was planned to be buried in Israel can later when the virus isn't an issue be reburied in Israel, even though generally we don't rebury someone who was buried.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)]</ref> See the topic of [[Laws_and_Customs_of_a_Funeral#Under_What_Circumstances_is_it_Permitted_to_Move_Someone_Buried.3F|reburying a corpse]] in general.<br />
<br />
===Kriyah===<br />
#The rabbi could do the [[Kriyah]] for the mourner with gloves and a mask or he can simply tell the mourner to do it.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Willig (min 29)]</ref><br />
===Avelut===<br />
# A person who is no going to be involved in the burial anymore because the deceased was given to the chevra kaddisha then he is not considered an [[Onen]] anymore and should begin [[Avelut]] (mourning). However, if he is going to call relatives to tell them about the levaya then he is still an [[Onen]].<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)]</ref>. If he is going to watch the burial with Zoom or listen on the phone it is unclear if he is still an Onen.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)] isn't certain if a person involved in the burial merely because he is watching via Zoom is still considered an Onen. [https://www.yutorah.org/sidebar/lecture.cfm/839779/rabbi-asher-bush/%d7%94%d7%aa%d7%97%d7%9c%d7%aa-%d7%90%d7%91%d7%99%d7%9c%d7%95%d7%aa-%d7%9c%d7%9e%d7%99-%d7%a9%d7%90%d7%99%d7%a0%d7%95-%d7%a0%d7%9e%d7%a6%d7%90-%d7%91%d7%a7%d7%91%d7%95%d7%a8%d7%aa-%d7%90%d7%91%d7%99%d7%95-%d7%95%d7%9e%d7%a9%d7%aa%d7%aa%d7%a3-%d7%a2-%d7%99-%d7%94%d7%98%d7%9c%d7%a4%d7%95%d7%9f/ Rav Asher Bush] wrote based on MPeninei Harav p. 202 that he considers someone phoning into a burial to not be an Onen unless they're going to ask him questions about the burial.</ref><br />
# On [[Erev Pesach]] if someone is buried before [[Chatzot]] (midday) the relatives should observe [[Avelut]] (mourning) before Chatzot and then at Chatzot it is considered like a Yom Tov and the rest of the [[Shiva]] is cancelled. If the person is buried after [[Chatzot]] they should observe Avelut before Yom Tov and then the Yom Tov will come and cancel the rest of [[Shiva]].<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)]</ref><br />
# A mourner shouldn't eat his first meal after the burial, the [[Seudat Havrah]], from his own food; other should provide that food. If at this time when people are concerned for COVID19 and might not send food, if the mourner knows that he isn't going to be sent food, he can eat the first meal from his own food.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)]</ref><br />
<br />
===Kaddish and Iyluy Neshama===<br />
# Under the circumstances a person can not recite the kaddish because minyanim aren't available. Therefore, a person should take upon himself to learn mishnayot for the deceased.<Ref>Rav Asher Weiss (Minchat Asher Corona pp. 58-9)</ref><br />
See [[Practices_in_the_Mourner%27s_House#Iyluy_Neshama]] and [[Kaddish]] pages.<br />
<br />
==[[Kibbud Av Vem]]==<br />
<br />
#If one's parents ask him to do something which the department of health has deemed unsafe a person should not listen to his parents in such a case and that isn't a breach of Kibbud Av Vem.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-2-Mar-25-2020.pdf Rav Schachter (Teshuva Adar 29 5780)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
<br />
==Violating Shabbat for [[Pikuach Nefesh]]==<br />
'''On Shabbat or Yom Tov, if anyone has any concern whatsoever that they are in serious danger because of deteriorating health, they should immediately call a doctor or [[Going_to_and_Staying_in_the_Hospital_on_Shabbat|go to the hospital]].'''<br />
#It is a well established halacha that it is not only permitted but even a mitzvah to violate [[Shabbat]] in order to safe a life or to remove a situation that presents even a slight chance of danger.<ref>Shulchan Aruch O.C. 328:13</ref> The question is how to define the threshold of danger.<ref>[http://nleresources.com/2020/03/rav-asher-weiss-coronavirus-in-halacha/#.XnoNOIjYrIU Rav Asher Weiss (March 15 2020, min 18-22) to Beit Midrash Gavoha] explained that the definition of danger in order to violate Shabbat isn't defined by statistics. For vaccinations we assume that it is a sakana not to vaccinate even though the odds of dying because of the measles is low. Since it is preventable it is incumbent upon us to vaccinate. He concludes that as long as it is a natural phenomenon and there is an action that we can do to prevent deaths we must do so.</ref><br />
#In certain cases of emergency regarding corona virus it would be allowed to violate Shabbat.<ref>[https://www.theyeshivaworld.com/news/headlines-breaking-stories/1841156/harav-zilberstein-answer-telephone-on-shabbos-if-awaiting-results-of-coronavirus-test.html Rav Zilberstein] allowed a patient to answer the phone on Shabbat with a [[shinuy]] only to hear the results of a test and answer questions for epidemiological investigation. If the test results that show that a patient has the virus are produced on Shabbat it is incumbent for the health department to deal with the quarantine then and it is permitted to answer the phone for that.</ref> Obviously every single case is different and one should learn the laws of Pikuach Nefesh from a rabbi in advance.<br />
#If a person is discharged from the hospital on Shabbat and they need him to leave because of the lack of space that they have because of the numbers of people who are ill, his family member can drive to get him. They should do a [[Shinuy]] when turning on the car like turning the key with one's weaker hand, or pressing the button on the key with one's knuckle. Also, when turning off the car one should use a Shinuy.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950282/rabbi-hershel-schachter/piskei-corona-6-pikuach-nefesh-on-shabbos/ Rav Schachter (Piskei Corona #6)]</ref><br />
# If a relative is in the hospital and the family members would call the hospital that would indicate to the doctors and nurses that the family cares and the patient will receive better treatment, it is permissible to do so on Shabbat or Yom Tov.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951791/rabbi-hershel-schachter/piskei-corona-29-calling-the-hospital-on-shabbos-or-yom-tov-to-advocate-for-relatives/ Rav Schachter (Piskei Corona #29)]</ref><br />
<br />
==Doctors Working in the Hospital==<br />
#Regarding the larger issue of halachic triage see [https://www.yutorah.org/lectures/lecture.cfm/951531/rabbi-hershel-schachter/piskei-corona-15-triage-in-medical-decisions-updated-/ Rav Schachter (Piskei Corona #15 Updated)]. Here is a relevant [https://docs.google.com/document/d/1CtQ_XHzQarzg_0PEQODCO1ATKlM_cEmvPsXa8kdpgJA/edit sourcesheet on Halachic Triage]. [https://aiayk.org/pesachaudio/ Rav Asher Weiss (Teleconference April 6 2020, min 5-15)] discusses triage in halacha and what doctors should do.<ref>Rav Asher feels that there are only two factors that we consider for halachic triage: give precedence to someone who is in immediate danger, and give treatment to whoever has a better chance for survival. Age or spiritual need for the community are not factors for precedence. <br />
* Rav Asher says that for choleh shebifanenu the knowledge that another choleh is going to come in soon is considered pikuach nefesh if will with certainty be helpful. Therefore, if an older patient comes into the hospital but they know a younger patient is going to come in, they can consider them as though they came in together and treat according to who is in immediate danger and who has the better chance to live. Rav Schachter felt the same way in his teshuva.<br />
* If a hospital has a certain regulation, does he need to disregard the hospital protocols? Rav Asher Weiss felt that the doctors should not disregard hospital protocol, for multiple reasons but partly because if he doesn't he'll lose his license and having more able doctors at this time is pikuach nefesh.<br />
* Pulling a patient off a ventilator because someone entered the hospital who has a better chance of living, Rav Asher (min 27) felt is forbidden. Rather the doctor should say that he feels uncomfortable to do this and should let another doctor do it. Rav Schachter felt that one should try to convince the older patient to sign a DNR at that point in order to save the younger patient. </ref><br />
# A doctor may and is encouraged to perform a life saving procedure if he is wearing the correct protective gear.<ref>[https://aiayk.org/pesachaudio/ Rav Asher Weiss (Aguda Teleconference, April 6, 2020, min 18-22)] explains that you can’t put yourself in danger. However, you can if you’re saving someone from an immediate danger and you’re putting yourself in minimal danger then it is a middat chasidut to do so. Therefore, a doctor should do mechanical ventilation CPR on a COVID19 patient if he has the correct protective gear.<br />
* Rav Asher (min 33) allowed sharing ventilators when the doctors see fit in order to save another life because moving a patient from a single ventilator to a shared ventilator isn't considered doche nefesh mipnei nefesh since it isn't proven to be dangerous to use a shared ventilator. He also cited the Chazon Ish regarding turning the arrow to the side killing fewer people to save more people.<br />
* Rav Asher (min 38) said that a doctor who isn't in that particular field or is retired or has vacation doesn't have to volunteer but his doing so would be a middat chasidut. However, if he is endangering himself such as if he's over 70, he is immune compromised, or has a family member who is, then he shouldn't volunteer.</ref><br />
# A doctor returning from the hospital on Shabbat and needs to shower for health reasons so as not to catch the corona virus on his body or clothing, may do so. If he can manage with a cold shower, he should do so. If he can't, he may turn on the hot water with a [[shinuy]].<Ref>[https://www.yutorah.org/lectures/lecture.cfm/951538/rabbi-hershel-schachter/piskei-corona-26-showering-when-returning-home-from-the-hospital-or-the-mikvah-on-shabbos-or-yom-tov/ Rav Schachter (Piskei Corona #26)]. See there for how he distinguishes this from the woman returning from the mikveh on Shabbat.</ref><br />
<br />
==[[Mesira]] and Rodef==<br />
<br />
#If your doctor actually ascertains that there is a sakanat nefashot, mortal danger, involved with a certain large gathering that someone is doing then it is permitted to tell the authorities. However, otherwise it is forbidden because of informing upon another Jew ([[mesira]]). This can be a very difficult measure to actually properly assess.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Willig (min 41)]</ref><br />
#Some hold that if a person is supopsed to be in quarentine and they are not they are considered a rodef. However, obviously one should first speak to him and convince him to do what is safe.<ref>[https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 36)] citing Rav Zilberstein</ref><br />
<br />
==Links==<br />
<br />
*[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal Q&A about Corona]<br />
*[https://rabbidunner.com/coronavirus-qa-with-rav-hershel-schachter/ Transcription of Q&A with Rav Schachter by Rabbi Dunner]<br />
*[https://www.theyeshivaworld.com/news/featured/1839350/no-shul-yeshivas-shabbos-guests-levayos-shiva-vaad-harabanim-of-bergen-county-releases-letter.html RCBC letter calling for the closing of Shuls and Schools]<br />
*[http://www.torahweb.org/ TorahWeb] hosts many resources for Corona halacha including Rav Schachter's Teshuvot<br />
*[http://www.kolcorona.com/ KolCorona.com] a Torah resource, initiated by Rabbi Reuven Taragin, for those affected by Corona<br />
<br />
==Sources==<br />
<references /><br />
[[Category:Orach Chaim]]</div>YitzchakSultanhttps://halachipedia.com/index.php?title=Halachot_Related_to_Coronavirus/COVID-19_Pandemic&diff=25526Halachot Related to Coronavirus/COVID-19 Pandemic2020-04-08T15:35:27Z<p>YitzchakSultan: /* Laid off Workers Because of Corona */</p>
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<div>[[Image:3D medical animation corona virus.jpg|right|300px]]<br />
All rabbinim agree that one should be cautious with all the health guidelines and social distancing<ref>[https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 34)] interestingly describes the sources in general about the Jewish view on handshaking and whether it is a [[Chukot Hagoyim]]. The poskim hold that in it isn't however, at this time it is forbidden because of the health concerns.</ref> set up by the government and other local institutions in order to stay safe and help prevent getting others sick.<ref>[https://www.torahanytime.com/#/lectures?v=104843 Rav Yitzchak Yosef], [http://www.torahweb.org/torah/docs/rsch/RavSchachter-with-doctors_Mar-15-2020.pdf Rav Hershel Schachter], Rav Asher Weiss (Teleconference March 22 2020), [https://www.ou.org/covid19/ OU (March 20 2020)], [https://www.torahanytime.com/#/lectures?v=106099 Rav Shmuel Fuerst (min 53)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal], [https://www.jpost.com/israel-news/leader-of-ultra-orthodox-world-calls-for-lone-prayer-due-to-coronavirus-622805 Rav Chaim Kanievsky], [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Shlomo Aviner (Keter Yitnu Lecha p. 34)], and RCBC letters. An article on [https://www.kikar.co.il/abroad/354170.html kikar.co.il] describes how the gedolim are currently davening privately including: the Gerre rebbe, Rav Shalom Kohen, Rav Gershon Edelstein, Rav Moshe Shternbuch, Rav Yitzchak Yosef, Sanser Rebbe, Rav Bakshi Doron, Rav Dovid Yosef, Bavian Rebbe, and Rav Sheiner.<br />
<br />
*Endangering Oneself to Learn Torah: Ketubot 77b records and praises the practice of Reish Lakish to teach Torah to those ill with tzarat, some translate as leprosy, even though it is contagious. The gemara explained that he did so out of his love for Torah. Daf Al Hadaf cites Mishnat Pikuach Nefesh 69:7 who asks how Reish Lakish could endanger himself and rely on a miracle. He answers that the disease he was concerned with was only dangerous to health but not life threatening.</ref> Coronavirus, as it causes a serious health threat to some people, inhibits any social gatherings and semachot, and has severely damaged the economy and livelihood of certain people, poses a serious challenge to everyone. We all need to daven and take advantage of the circumstances in order to best serve Hashem. As a thoughtful Jew, it is incumbent upon a person to take to heart some important lessons of life and re-strengthen himself in his commitments. <ref>Rambam Taniyot 1:1-3, [https://www.torahanytime.com/#/lectures?a=105844 Rav Reuven Epstein] emphasizes that we need to take a lesson from corona since it overtly a hardship for Jews and humanity and a sign from Hashem. [https://www.yutorah.org/lectures/lecture.cfm/949185/rabbi-menachem-penner/shema-everything-is-from-hashem/ Rabbi Penner] discussed how we can revitalize our strength in mitzvot at this time based on better appreciating the lessons of Shema. Rav Asher Weiss (Teleconference March 22, 2020) introduced his shiur by discussing how we can strengthen our commitment to [[Ben Adam Lchavero]]. [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha)] wrote many lengthy pieces on the hashkafic questions related to COVID19.</ref> Additionally, on a practical level, COVID19 has many implications for people, and below is a small collection of the relevant halachot.<br />
<br />
==[[Tefillah]]==<br />
When davening at home one should be cognizant of the following ideas:<br />
<br />
#The best time to pray is Netz. According to many poskim this is equivalent to praying with a minyan.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz], Laws of Praying Beyachid (Adar 5780) by Rabbi Yonatan Nacson p. 1 citing Yalkut Yosef 89:1</ref><br />
#A person should daven in a [[makom kavuah]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] and [https://www.star-k.org/videos.php Rabbi Moshe Heinemann around minutes 5-7]</ref><br />
#A person should daven in front of a wall so that there's no distractions in front of him.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]</ref><br />
#A person can and should daven near a window that serves as a means of being inspired to look towards heaven.<ref>Shulchan Aruch 90:4 writes that there should be windows in a place where one davens. [https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] suggested that the same should be done for when we daven at home to daven in a place where there is a window.</ref><br />
#A person can daven [[Shemona Esrei]] aloud if it helps his kavana. It also serves as a role model for children.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]</ref><br />
#A person shouldn't daven in a room that is usually used for frivolity.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]</ref><br />
#A person shouldn't daven in front of an open bathroom.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]</ref><br />
#At a time of a plague such as our times it is advisable to say [[ketoret]] which has the power to end a plague.<ref>Laws of Praying Beyachid by Rabbi Nacson p. 2, [https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] citing Rabbi Akiva Eiger teshuva 71</ref><br />
#According to some, at this time a person should recite Avinu Malkenu in [[Shacharit]] and [[Mincha]],<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] quoting Rav Schachter</ref> while others emphasize how one must focus on Teshuvah and reciting all parts of the regular seder haTefillah first.<ref>[https://www.torahanytime.com/#/lectures?v=104864 Rav Bention Mutzafi (55:10)]</ref> Avinu Malkenu should not be recited during [[Nissan]].<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal] stated that one should not recite Avinu Malkenu during Nissan. See Divrei Yatziv OC 75 for different minhagim about saying Avinu Malkenu during Nissan. See discussion page.</ref><br />
#Eating a meal before davening when the time comes to daven a certain tefillah should be avoided since generally we are lenient about this since we go to established minyanim but for when that isn't possible we should be more strict about this.<ref>Mishna Shabbat 9b, [https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]. [https://www.star-k.org/videos.php Rabbi Moshe Heinemann] around minutes 5-7 says that if one sets an alarm, that should be sufficient</ref> See details here about [[Eating before Davening| eating]] and [[Other Activities before Davening| doing activities before davening]].<br />
#When davening as a family, in a temporary fashion, some hold that it isn't necessary to have a [[mechitza]] and the men and women can simply daven on different sides of the room.<ref>Igrot Moshe 5:12:1 writes that regarding a Shabbos Sheva Brachos since it is just the family and it is a temporary situation no mechitza is necessary.</ref> See [[Mechitza]] for more details.<br />
#A person shouldn't forget to recite [[Birkat Halevana]] by themselves when they see the moon. It can be said from indoors. See [[Birkat Halevana]] page for details.<br />
<br />
===Parts of Davening to Skip===<br />
<br />
#On Friday night an individual doesn't recite [[Shabbat_Davenings#Me.27ayn_Sheva |Magen Avot]] after Shemona Esrei of Maariv.<ref>Laws of Praying Beyachid p. 10 citing Shulchan Aruch O.C. 268:8</ref> However, one should recite Vayechulu.<ref>[https://vimeo.com/399141271 Rabbi Moshe Heinemann] at around 24:45. At around 34 minutes, he clarifies that this can be done even by yourself, though normally we try to say it with at least two </ref><br />
#One doesn't recite [[Baruch Shemey]] when praying by oneself since it is part of the activity of removing the Sefer Torah.<ref>Mishna Brurah 134:13</ref><br />
<br />
==Minyan via Porches or Technology==<br />
<br />
#It is forbidden to have a minyan in person whether it is in a shul, shteibel, home, or backyard.<ref>[https://www.ou.org/covid19/ OU]. [https://www.yutorah.org/lectures/lecture.cfm/950656/rabbi-hershel-schachter/piskei-corona-14-forming-a-minyan-outside/ Rav Schachter (Piskei Corona #14)] writes that a person shouldn't try to make a minyan on his lawn spread out even if there's a small remote chance of spreading the virus. He also held that making a minyan with ten people standing on different balconies or porches doesn't count as a minyan. [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)] writes that certainly a person should not attend a minyan because of the danger and one may not rely on the zechut of a minyan to protect him, one needs to be safe. </ref><br />
#If there ten people standing on their own porches and can see one another, some say that one can not create a minyan in such a manner, while others hold that one can.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950656/rabbi-hershel-schachter/piskei-corona-14-forming-a-minyan-outside/ Rav Schachter (Piskei Corona #14)] holds that it isn't a valid minyan. However, Rav Shternbuch (teshuva Nissan 8 5780) held that it is a valid minyan. To satisfy all the opinions the shaliach tzibur should have in mind that when he does chazarat hashatz that he could be praying a voluntary tefillah. They can't join if they're across the street and within ten tefachim of the ground. The shaliach tzibur needs to be able to see everyone. For kriyat hatorah that is done with porches initially one should call up the baal koreh or anyone on his porch, then one can even call up to an aliya someone on another porch as long as he can hear the baal koreh. The kohanim should leave before retzah because they can't say birkat kohanim. Someone davening alone doesn't have to hear kriyat hatorah since it is an obligation of the community and not individual. Rav Asher Weiss (Teleconference with Aguda, April 2 2020) was also inclined to hold that it is possible to make a minyan with people on porches who can see each other.<br />
<br />
*Mishna Brurah 55:48 based on Rashba responsa 1:96 holds that one can learn from the laws of zimmun that if people can see each other they can join for minyan.</ref><br />
#You can't create a minyan with a video (e.g. zoom or skype) or phone call but one can join a minyan of ten men in one room with a video or phone call in order to answer [[dvarim shebekedusha]].<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)], Rabbi Nacson in Laws of Praying Beyachid p. 4 based on Yalkut Yosef 5775 ed Yamim Noraim p. 17, Yabia Omer 1:19:18, Chazon Ovadia Purim p. 56</ref><br />
#It isn't considered a minyan for people to join together to daven on a video conference but it is still somewhat spiritually valuable.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)]</ref><br />
<br />
===Answering [[Amen]]===<br />
<br />
#Even if there is a time delay between the person reciting the bracha and the one answering it that wouldn't be considered an [[Amen Yetoma]].<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)], [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)], Rabbi Nacson in Laws of Praying Beyachid p. 4 based on Yalkut Yosef 5775 ed Yamim Noraim p. 17, Yabia Omer 1:19:18, Chazon Ovadia Purim p. 56</ref><br />
<br />
===Megillah===<br />
<br />
#There is a major dispute if a person could fulfill their mitzvah of listening to the megillah on the phone or through watching a live streamed video. Some rabbanim advised this,<ref>Rav Schachter cited by [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)] and Rav Aviner agreed.</ref> while others hold that one can't fulfill one's mitzvah at all.<ref>Rav Dovid Feinstein cited by [http://podcast.headlinesbook.com/e/coronavirus-what-the-halacha-tells-us/ Rabbi Fink] and [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)]</ref> See this topic explained more fully here: [[Brachot_Through_a_Microphone]].<br />
<br />
==Netilat Yadayim==<br />
<br />
#If a person wants to wash his hands with soap and wash [[Netilat Yadayim for a meal]], one should first wash Netilat Yadyaim for the meal, dry the hands, recite the bracha, and then wash one's hands with soap and then recite the Hamotzei.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Willig (min 30-34)]</ref><br />
<br />
==Shabbat Davening==<br />
===Friday Night===<br />
#Although the reason for reciting Shalom Alechem on a Friday night is that the angels accompany you home from shul and you welcome them to your home, if one was unable to attend shul on a Friday night, he would still sing Shalom Alechem.<ref>[https://vimeo.com/399141271 Rabbi Moshe Heinemann] at around 28:30 in the name of Rav Moshe Feinstein, because Hashem will not punish you by not sending the angels when you weren't able to attend</ref><br />
===Davening for the Sick===<br />
# It is generally prohibited to daven on Shabbat for our needs or for the well-being of a sick person. However, if the person is in a state of mortal danger one may daven for his well-being on Shabbat.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951537/rabbi-hershel-schachter/piskei-corona-25-davening-for-the-sick/ Rav Schachter (Piskei Corona #25)]</ref> See [[Shabbat_Davenings#Personal_Requests]] for all of the details of this topic.<br />
<br />
===[[Kriyat Hatorah]]===<br />
#A person who is at home and can't be at shul should nonetheless read the parsha from a chumash between Shacharit and Mussaf as a way of remembering the concept of kriyat hatorah. He can use that reading as part of his reading of [[Shenayim Mikra Vechad Targum]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] quoting Rabbi Willig. [https://www.star-k.org/videos.php Rabbi Moshe Heinemann] around minutes 7-10 agrees that you should do so on Shabbat, but that it is not necessary on Monday and Thursday. </ref> Some think this doesn't accomplish anything.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950291/rabbi-hershel-schachter/piskei-corona-8-krias-hatorah/ Rav Schachter (Piskei Corona #8)]</ref><br />
#When the congregation misses a kriyat hatorah they can make it up by reading two parshiyot next week in Shul. However, if they miss multiple weeks there is a discussion if they should or could make up all of the parshiyot that they missed.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] based on Rama and Magen Avraham</ref><br />
#A person should not move a sefer torah out of a Shul for a home minyan.<ref>[https://drive.google.com/file/d/14IUOs2OOMhloqYwnbv3iKGrWS6GbYGId/view?usp=drivesdk Rabbi Yonatan Nacson in Laws of Praying Byachid (p. 10)] citing Rav Asher Weiss</ref> See [[Respecting_a_Sefer_Torah#Transporting_a_Sefer_Torah]] for more details.<br />
#There still is an obligation of [[Shenayim Mikra Vechad Targum]] when the there is no congregation doing the Kriyat Hatorah in shul.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950291/rabbi-hershel-schachter/piskei-corona-8-krias-hatorah/ Rav Schachter (Piskei Corona #8)</ref><br />
#One doesn't recite [[Baruch Shemey]] when praying by oneself since it is part of the activity of removing the Sefer Torah.<ref>Mishna Brurah 134:13</ref><br />
===Anim Zemirot===<br />
# A person davening alone doesn't have to recite Anim Zemirot.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951536/rabbi-hershel-schachter/piskei-corona-24-anim-zmiros-without-a-minyan/ Rav Schachter (Piskei Corona #24)] explains that anim zemirot was instituted only for a minyan, and according to Rav Soloveitchik was considered a [[dvar shebekedusha]].</ref><br />
<br />
==[[Hagomel]]==<br />
<br />
#A person who was quarantined and got out of quarantine doesn't recite Hagomel since they were in no danger.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
#A person needs to recite [[hagomel]] in front of a [[minyan]] of ten men. Some suggest that this can be recited before ten people listening on a video or phone call and can answer amen. Even though they aren't present, the minyan in this context is purely to publicize the idea so it is permissible.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)]</ref> Others disagree and as long as the minyan isn't in the same room one can not recite hagomel.<ref>Divrei Dovid 4:3</ref><br />
#According to Ashkenazim, if a person is ill with a sickness to the point that he is a choleh sheyesh bo sakana, a concern of mortal danger, he should recite Hagomel, but if he less sick than that there is no need to recite Hagomel.<ref>Rama 219:8, [http://nleresources.com/2020/03/rav-asher-weiss-coronavirus-in-halacha/#.XnoNOIjYrIU Rav Asher Weiss (March 15 2015, min 11)]</ref> Sephardic tradition is to recite Hagomel anytime someone was sick in bed such as with a flu or bad cold even for a short period of time.<ref>[https://itorah.com/global-search/birkat%20hagomel Rabbi Mansour ("Saying Birkat Hagomel Within 3 Days and Laws of Birkat Hagomel Following A Sickness")]</ref><br />
<br />
==[[Bedikat Chametz]] and [[Biur Chametz]]==<br />
<br />
#A person should do bedikat chametz after praying by oneself at Tzet Hakochavim and then immediately begin the bedika. They should not have a meal within a half hour of the bedika.<ref>[https://www.torahanytime.com/#/lectures?v=106099 Rav Shmuel Fuerst (min 1-5)],[https://www.yutorah.org/sidebar/lecture.cfm/950401/rabbi-dan-cohen-rabbi-meir-gavriel-elbaz/pesach-prep-simplified/ Rav Meir Elbaz (min 17-8)]</ref><br />
#Because one can't do a large communal Chametz burning because gatherings aren't safe and even doing it with a few people at a time can look to non-Jews as unsafe. Rather one should just do biur chametz with a Kezayit by flushing it down the toilet.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-3-Mar-26-2020.pdf Rav Herschel Schachter (teshuva Rosh Chodesh Nissan 5780)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]. [https://www.jpost.com/Israel-News/Chief-Rabbis-Dont-leave-home-to-burn-chametz-for-Passover-623072 Rav Yitzchak Yosef and Rav David Lau] said that one should not go outside to burn chametz or kasher pots.</ref><br />
#A person should sell chametz in the house or office if he left there before he had the chance to do a bedikat chametz. By selling the chametz there he is absolving himself of having to do bedikat chametz.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/950401/rabbi-dan-cohen-rabbi-meir-gavriel-elbaz/pesach-prep-simplified/ Rav Elbaz (min 26)], Rav Asher Weiss (Teleconference, March 29 2020 11am)</ref><br />
<br />
==Selling [[Chametz]]==<br />
<br />
#If a person doesn't usually [[sell chametz]] and is afraid that if he doesn't sell chametz one year he isn't going to have food afterwards he can sell his chametz. He wouldn't require a [[hatarat nedarim]].<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (min 20)], [https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 9-11)]. [http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-3-Mar-26-2020.pdf Rav Herschel Schachter (teshuva Rosh Chodesh Nissan 5780)] explained the reason why the hatarat nedarim isn't necessary. [https://vimeo.com/399141271 Rabbi Moshe Heinemann] at around 46:45 agrees that if there is a big loss one can be lenient and sell chametz and it would not require hatarat nedarim, although he isn't so sure that it would be a big loss to an individual.</ref><br />
#A person can sell his chametz on the phone or online and if possible a kinyan can be made virtually in order to appoint the rabbi to sell the chametz. The kinyan would take place as follows: the rabbi would ask if there's someone standing next to the one who wants to appoint the rabbi and if there is then that person can give a pen or a utensil to the one who wants to appoint the rabbi as his shaliach. This is considered a valid kinyan between the person standing there and the one who wants to appoint the rabbi on behalf of the rabbi to be appointed. If that isn't feasible it isn't necessary. Nonetheless, one could stipulate in the document that this appointment of the rabbi is done with the full knowledge of its legal ramifications and it is accepted completely.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-1-Mar-24-2020.pdf Rav Hershel Schachter (Teshuva dated 28 Adar 5780 p. 2)], Nefesh Harav p. 179, [https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (min 1-5)] explained that the minhag is to make a kinyan to appoint a someone to sell something for you. This is classically done with a handing of a handkerchief from the rabbi to the one selling chametz. However, when they call on the phone that isn't possible. The Steipler held in such a case it isn't necessary to be careful about that minhag and simply have the person orally declare that he appoints the rabbi. However, Rav Soloveitchik felt that we should try to fulfill the minhag in any event. How can it be fulfilled? One can have someone standing in the room next to the person on the phone give something to the person on the phone on behalf of the rabbi. That is an effective halachic kinyan on behalf of the rabbi (see Kiddushin 7a). [https://www.torahanytime.com/#/lectures?v=106099 Rav Shmuel Fuerst (min 10)] explained that one can appoint the rabbi to sell his chametz online. Rav Asher Weiss (Minchat Asher Corona p. 66) agrees. [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal] allowed appointing the rabbi online if he is a talmid chacham.</ref><br />
#There is no issue with the selling of Chametz even though the Chametz is in a locked building or in a place that isn't accessible to the non-Jew because of the coronavirus situation.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950290/rabbi-hershel-schachter/piskei-corona-10-chametz-sheeno-birshuso/ Rav Schachter (Piskei Corona #10)]</ref><br />
#Some poskim allow ordering chametz on Pesach if one is certain that it will only be delivered after pesach.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951179/rabbi-hershel-schachter/piskei-corona-17-ordering-chametz-from-a-non-jew-on-pesach-to-arrive-after-pesach/ Rav Schachter (Piskei Corona #17)] explains that it isn't considered rotzeh bkiyumo, wanting the chametz to continue to exist, to order the chametz since one doesn't insist on any particular box of chametz that the company provides. However, one certainly may not acquire it with a kinyan such as picking it up or moving it. Even if it is delivered into one's property if one has intention not to acquire it, one doesn't acquire it. Yet, one can't even protect it since doing so is an issue of rotzeh bkiyumo. [https://yeshiva-university.zoom.us/rec/play/usAsduuh-283HoLAtASDAPZ9W9S0eq2s0igX-_pez0jkW3EFZFr1M7QRa7Qf9B_vOGt5lyO0vcW9I1-0?startTime=1585760529000&_x_zm_rtaid=CQsocm3ZRaq6pGgFL5OMGQ.1585880286593.75ff95374a21dbfc2f0c45524d508e2a&_x_zm_rhtaid=674 Rav Willig (April 1 2020, min 0-2)] agreed in technical terms.</ref><br />
<br />
==Buying for Pesach==<br />
<br />
#If you have raw chicken or raw meat you don't have to worry that it is chametz even if it was processed in a place where there was chametz. You can simply wash it off to solve any question.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 11-15)]</ref><br />
<br />
==Kitniyot==<br />
<br />
#Out of a concern of the coronavirus, this year some poskim permit taking vitamins which have additives of [[kitniyot]] in order to stay healthy and to strength one's immune system.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950289/rabbi-hershel-schachter/piskei-corona-7-kitniyos/ Rav Schachter (Piskei Corona #7)]</ref><br />
#Someone with Crohn's disease and needs to drink an enriched milk with kiniyot additives for his health can do so on Pesach. Also, he can do so within 6 hours after eating meat (see [[Waiting between Meat and Milk]]).<ref>[https://www.yutorah.org/lectures/lecture.cfm/950289/rabbi-hershel-schachter/piskei-corona-7-kitniyos/ Rav Schachter (Piskei Corona #7)]</ref><br />
<br />
==[[Kashering for Pesach]]==<br />
<br />
#Some poskim allow [[kashering a dishwasher]] for Pesach even though there are plastic and other materials in there that are questionable to kosher. One should wait 24 hours without using it and then use with just hot water and no soap. According to Ashkenazim this should be used to kosher it from Chametz but not from meat to parve or milk or vice versa.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-3-Mar-26-2020.pdf Rav Herschel Schachter (teshuva Rosh Chodesh Nissan 5780)]</ref><br />
#Some hold that one can kasher plastic, while others disagree. See on the [[Kashering_the_Kitchen_for_Pesach#Which_materials_can_be_kashered.3F]] page.<br />
<br />
==Pesach Davening==<br />
===Hallel Pesach Night===<br />
<br />
#There is a custom of Sephardic and some Ashkenazic communities to recite Hallel Pesach night in Shul. However, being that the current situation demands that a person needs to remain inside there is no way to fulfill this minhag and should not recite Hallel after davening. Rather one should only recite it at the Seder.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950285/rabbi-hershel-schachter/piskei-corona-9-hallel-on-pesach-night-and-tefillas-tal/ Rav Hershel Schachter (Piskei Corona #9)]</ref> Some Ashkenazic poskim would allow reciting a bracha.<ref>Rav Asher Weiss (Minchat Asher Corona p. 73-4) writes that a person who has the practice to recite the Hallel the night of the seder after davening can do so with a bracha even when davening individually.</ref><br />
#According to Sephardim, one should recite Hallel the night of the seder after davening with a bracha even though one is davening at home.<ref>Yachava Daat 5:34, Teshuva written by Rabbi Mordechai Lebhar author of Magen Avot (Erev Shabbat Hagadol 5780), Kaf Hachaim 487:38-42</ref><br />
<br />
===Shir Hashirim on Chol Hamoed===<br />
#Ashkenazim generally have the custom to read Shir Hashirim on Shabbat Chol Hamoed Pesach. This year since there is no minyanim available, when one davens at home individually, there is no obligation to read Shir Hashirim. One may do so but it isn't in fulfillment of the minhag.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950655/rabbi-hershel-schachter/piskei-corona-13-shir-hashirim-on-chol-hamoed-pesach/ Rav Schachter (Piskei Corona #13)]</ref><br />
<br />
===Tefillat HaTal===<br />
#One can recite the piyut for tal on Pesach was only instituted for a congregation, however if one wants to recite it one may do so.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950285/rabbi-hershel-schachter/piskei-corona-9-hallel-on-pesach-night-and-tefillas-tal/ Rav Schachter (Piskei Corona #9)]</ref><br />
#In Mussaf everyone should stop saying [[Mashiv Haruach Umorid Hageshem]] and instead recite Morid Hatal because one is davening individually and one may not change from the practice of saying Mashiv Haruach of the congregation until the Shaliach Tzibur has done so and this year there are no minyanim switching at mussaf. After Mussaf, starting with Mincha, one should follow their regular minhag if they usually recite Morid Hatal or not.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950285/rabbi-hershel-schachter/piskei-corona-9-hallel-on-pesach-night-and-tefillas-tal/ Rav Schachter (Piskei Corona #9)]</ref> See [[Mashiv_HaRuach_UMorid_HaGeshem#When_to_Stop_Morid_Hageshem_and_Start_Tal]] for the background.<br />
# For Sephardim, one may begin to recite Morid Hatal in Mussaf even though he praying individually and there is no minyan nearby.<Ref>Kaf Hachaim 114:8 and Halacha Brurah v. 6 p. 145 rule that the primary halacha is that there's no prohibition to begin to start to say Morid Hatal before the Shaliach Tzibbur. It is only forbidden for an individual to begin Mashiv Haruach Umorid Hageshem before the congregation does. This is the approach of the Bet Yosef citing the Ran, Pri Chadash, and Maamar Mordechai, unlike the Raavad cited by the Tur 114:2. However, in a regular year, the Kaf Hachaim and Halacha Brurah recommend being strict for the Raavad to have the Shaliach Tzibur announce before the Mussaf that everyone should begin to say Morid Hatal.</ref><br />
<br />
==Machine Matza==<br />
<br />
#It is permitted under extenuating circumstances to use [[machine matza]] for the mitzvah of eating matzah on the seder night.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards beginning)]. This is acceptable for Sephardim as well even with a bracha as described by Rav Ovadia Yosef in Yachava Daat 1:14 and Chazon Ovadia (Pesach Hilchot Leil Haseder 5763 Edition p. 76). [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim] holds that one should really used hand baked matzah but if one can't acquire any then one can use machine matzah. [https://yeshiva-university.zoom.us/rec/play/uMB7I-D--j83ToDAtgSDUaJ7W9Xueqis0nRK-6FfmUm0VSMBZ1qjYLIbZbHenouY882eTH8fEnI5K7DA?startTime=1585587811000&_x_zm_rtaid=5PWyeRatQdGWZ2q1UH7K6w.1585657713810.05dafc99f0c11cb46ffb1a63ddd87e47&_x_zm_rhtaid=904 Rav Willig (min 2)] has a similar approach.</ref><br />
#Some say that there's no concern to have the hand baked matzot this year.<ref>Rav Asher Weiss (Teleconference March 22 2020, min 19) said that there's no concern to use the hand-baked matzot since they were baked earlier in the year. His personal minhag is to have only hand baked matzot. In terms of using machine matzah he felt that it is only a chumra not to use them even for the mitzvah of motzei matzah and one could use them if there's no other option.</ref><br />
<br />
==[[Eruv Tavshilin]] and [[Eruv Chatzerot]]==<br />
<br />
#A rabbi should establish an eruv tavshilin on behalf of his whole community. Even though usually he acquires it to another person who isn't a family member on behalf of the community, this year because of social distancing one can acquire it to one's wife. <ref>[https://www.yutorah.org/lectures/lecture.cfm/951181/rabbi-hershel-schachter/piskei-corona-19-eruv-tavshillin-and-eruv-chatzeiros-and-social-distancing/ Rav Schachter (Piskei Corona #19)]</ref><br />
#An eruv tavshilin works to allow cooking from Yom Tov to Shabbat even though it isn't possible to have guests in most cases.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951181/rabbi-hershel-schachter/piskei-corona-19-eruv-tavshillin-and-eruv-chatzeiros-and-social-distancing/ Rav Schachter (Piskei Corona #19)] explained that usually we use the concept of ''hoil'', since guests might arrive who can eat the food one cooked, to permit cooking from one day of Yom Tov to Shabbat. However, this year that seems not to be applicable. Rav Schachter explained based on the Maharam Chalavah that ''hoil'' doesn't necessitate that one actually have guests or even have the ability to have guests, it is rather a halachic principle since objectively it is possible to have guests the eruv is effective.</ref><br />
#The communal eruv chatzerot continues to be effective even though the communal box of matzah's might not be accessible.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951181/rabbi-hershel-schachter/piskei-corona-19-eruv-tavshillin-and-eruv-chatzeiros-and-social-distancing/ Rav Schachter (Piskei Corona #19)] explained that since theoretically it is possible to get the box alone for a few minutes it isn't completely inaccessible (see Har Tzvi OC 2:16).</ref><br />
#It is permissible to wear a surgical mask on Shabbat outside and it isn't [[carrying]] as long as it is fastened well and won't fall off.<ref>[https://itorah.com/daily-halacha/lecture/may-one-wear-a-surgical-mask-on-shabbat-in-a-public-domain/3803 Rabbi Mansour]</ref><br />
<br />
==Birchat Ha'ilanot==<br />
<br />
#One can recite birkat hailanot from indoors if one can see the trees but one may not recite them by seeing the trees on a video.<ref>Ateret Paz p. 154-6</ref> See the [[Birchat HaIlanot]] for more details and sources.<br />
<br />
==[[Tanit Bechorot]]==<br />
#A person should try to finish a short masecheta to make his own siyum.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-1-Mar-24-2020.pdf Rav Hershel Schachter (Teshuva dated 28 Adar 5780 p. 2)], [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref> Some say that learning one masechta with Bartenura is sufficient.<ref>[https://itorah.com/daily-halacha/lecture/ta-anit-bechorot-during-the-coronavirus-pandemic/3802 Rabbi Mansour], [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref><br />
# Many poskim say that he can rely on a siyum over the phone or video livestream.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-1-Mar-24-2020.pdf Rav Hershel Schachter (Teshuva dated 28 Adar 5780 p. 2)]. [https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards beginning)]. [https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 1-4)] explained that Rav Schachter and Rav Shlomo Zalman Auerbach hold that it is enough to listen and join with the siyum over the phone or video call. However, other poskim don't like this leniency. Rav Asher Weiss (Teleconference March 22 2020, min 7) agreed that one can be yotzei with a siyum over the phone or video for the tanit bechorot. [https://www.torahanytime.com/#/lectures?v=106099 Rav Shmuel Fuerst (min 6)] agreed that this year you can be yotzei the siyum over the phone since it is an extenuating circumstance. [https://youtu.be/Yo6IJi2V-bw Rav Avigdor Nevinsal] agreed that you can be part of a siyum over the phone and the meal one has afterwards is a seudat mitzvah. [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim] holds that it is better to make a siyum oneself even on a tractate of mishna but if that's not possible one can listen on the phone.</ref><br />
# Some say that in the event one can't make one's own siyum or even hear someone else's, one doesn't need to fast this year in order to maintain strength in this time of a health crisis.<ref>[https://itorah.com/daily-halacha/lecture/ta-anit-bechorot-during-the-coronavirus-pandemic/3802 Rabbi Mansour]</ref><br />
<br />
==Birkat Halevana==<br />
<br />
#Ideally one should recite birkat halevana outdoors.<ref>Rama 426:4</ref> If one can not do so one can recite Birkat Halevana from inside but initially one should open the window.<ref>Pri Megadim M"Z 426:4, Mishna Brurah 426:21</ref> See the [[Birkat HaLevana]] page.<br />
<br />
==Chol Hamoed==<br />
<br />
#One can't buy stocks or sell them on Chol Hamoed, however, if not selling them could lead to a loss of one's original capital that one invested one can sell it.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref><br />
<br />
See [[Chol Hamoed]] for many details.<br />
<br />
==Using Zoom for the Seder==<br />
<br />
#Although a minority of rabbis allow using Zoom for this emergency situation in a very extenuating circumstance where an elderly single person is alone for the seder away from family because of the quarantines to use technology to leave a video conference going for Yom Tov to join with a family seder,<ref>[http://www.israelnationalnews.com/News/News.aspx/277764 Rabbi Eliyahu Abergel and other rabbis]</ref> most rabbis consider this to be a breach of halacha.<ref>Rav Asher Weiss (Teleconference March 22 2020 11am, min 39; teshuva in Minchat Asher Corona pp. 75-6), [http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-2-Mar-25-2020.pdf Rav Herschel Schachter (teshuva Adar 29 5780)], [https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 20-22)], [https://www.inn.co.il/News/News.aspx/432065 Rav Yosef Tzvi Rimon]. Rav Willig's held that it is absolutely forbidden and it is a tremendous zilzul Shabbat besides questions of others prohibitions of Shabbat.</ref> There is a discussion if the firstgroup of rabbis retracted.<ref>[https://vosizneias.com/2020/03/24/the-heter-for-zoom-at-the-seder-is-incorrect-and-should-be-retracted/ Rabbi Yair Hoffman] describes how 3 of the original signers of the lenient ruling would only permit under life and death needs and not in general. However, [https://www.jpost.com/israel-news/zoom-passover-seder-rabbis-hit-back-at-critics-622494 another article] describes how some of the original rabbis who were lenient confirmed their opinions.</ref><br />
#It is suggested to perform a pre-pesach zoom seder for people who you can't invite to your seder in order to share divrei torah, songs, and the experience of the seder before Yom Tov.<ref>[https://www.inn.co.il/News/News.aspx/432065 Rav Yosef Tzvi Rimon]</ref><br />
#For someone who is clinically depressed to the point that there is a concern of suicide or just losing one's mind it is permitted to use a phone to call him to cheer him up and check on him. However, if there's a way to check the patient before Pesach one should do so.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-2-Mar-25-2020.pdf Rav Herschel Schachter (teshuva Adar 29 5780)]. [https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Willig (min 24)] agrees that we violate Shabbat for someone who is suicidal but they can use the phone.</ref> A person should check with his rabbi in each case.<br />
#A person should recite Ha lachma anya this year as one would any other year, even though that phrase is a call for inviting guests and this year that is impossible.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951299/rabbi-hershel-schachter/piskei-corona-21-can-we-say-kol-dichfin-this-year-/ Rav Schachter (Piskei Corona #21)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
<br />
==[[Sefirat Haomer]]==<br />
<br />
#If someone couldn't get a hair cut because the barbers were all closed before Pesach, then if one reached the point when it very noticeably long and people would tell him to get a haircut he can take a haircut during [[Sefira]]. Today it can be estimated that if it has been more than 2 months since his last haircut he can take a haircut during the Sefira.<ref>https://www.yutorah.org/lectures/lecture.cfm/950659/rabbi-hershel-schachter/piskei-corona-16-haircuts-on-chol-hamoed-and-sefira/ Rav Schachter (Piskei Corona #16)</ref><br />
<br />
==Mikveh==<br />
<br />
#Each community rabbi needs to decide these sort of questions however in theory it is possible for the Mikva to remain open and allow women who aren't having symptoms or aren't quarantined to go to Mikva. They should be extra careful about hygiene and prepare completely at home, go to the Mikva where there is no contact with anyone besides a brief contact with the water which has chemicals for cleanliness. Then upon returning home there are poskim who allow the woman to take a shower when she gets home to clean herself off.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/950654/rabbi-hershel-schachter/piskei-corona-12-showering-after-the-mikvah/ Rav Hershel Schachter (Piskei Corona #12)], [https://www.torahanytime.com/#/lectures?v=105574 Rabbi Shay Tahan]. Rav Asher Weiss (March 29 2020) said it is obviously permitted to overlook the chumra of not showering when the woman returns from mikveh at these times.</ref><br />
# On Shabbat, if a woman goes to mikveh she can not take a hot shower when she gets back since turning on the hot water is causing cold water to enter the boiler and cook. Rather she should either decide to take a completely cold shower or delay the mikveh until Motzei Shabbat. She should also not decide not to take a shower at all because one shouldn't do something unsafe when there's an option to delay going to mikveh.<Ref>[https://www.yutorah.org/lectures/lecture.cfm/951538/rabbi-hershel-schachter/piskei-corona-26-showering-when-returning-home-from-the-hospital-or-the-mikvah-on-shabbos-or-yom-tov/ Rav Schachter (Piskei Corona #26)]</ref><br />
# On Yom Tov, according to those who are lenient to permit [[showering on Yom Tov]], when a woman returns from the mikveh should do so. Rav Schachter's opinion is that it is only permitted to take a shower on Yom Tov with water that is just hot enough to remove the chill from the water (less than lukewarm). If she decides she doesn't want to take such a shower, she should delay going to mikveh until after Yom Tov.<Ref>[https://www.yutorah.org/lectures/lecture.cfm/951538/rabbi-hershel-schachter/piskei-corona-26-showering-when-returning-home-from-the-hospital-or-the-mikvah-on-shabbos-or-yom-tov/ Rav Schachter (Piskei Corona #26)]</ref><br />
#The OU has established [https://www.ou.org/covid-19-and-the-mikvah-recommended-protocols/?utm_source=SilverpopMailing&utm_medium=email&utm_campaign=Mikvah%20Guidance%20(1)&utm_content=&spMailingID=32100310&spUserID=MTM2NTc0Mjg0NTYwS0&spJobID=1683098314&spReportId=MTY4MzA5ODMxNAS2 health guidelines] in order to allow a mikveh to remain open.<br />
#The RCBC also stated that Mikva's are remaining open for the time.<ref>[https://www.theyeshivaworld.com/news/featured/1839350/no-shul-yeshivas-shabbos-guests-levayos-shiva-vaad-harabanim-of-bergen-county-releases-letter.html RCBC letter on yeshivaworld.com]</ref><br />
#The men's mikveh's should be closed at this time. Even if a person is careful to go to mikveh each day he can fulfill this custom by taking a 5 minute shower.<ref>Rav Asher Weiss (Teleconference March 22 2020, min 12)</ref> See [[Preparations_for_Davening#Going_to_Mikveh]] for details.<br />
<br />
==Tevilat Kelim==<br />
<br />
#Each community should decide whether or not close the kli mikveh out of a safety concern. You can do the [[tevilat kelim]] in the ocean.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 5-9)], [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref><br />
#Alternatively, one can use tevilat kelim in the mikvah while wearing gloves, then throw out the gloves, wash off the kelim with soap and water. If the community has other procedures for safety one should observe them.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 5-9)], [https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 3-4)]</ref><br />
#As a last resort one can avoid tevilat kelim by giving the pots to a non-Jew and borrowing them back. One can rely on this until the virus passes.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 5-9)], [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]. [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal] said that one could rely upon this if there was no other option. [https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 14-16)] allows selling the kelim to a non-Jew. Rav Yosef Tzvi Rimon (teshuva dated Nisan 1 5780) recommended this.</ref> If one can't sell or gift the pots to a non-Jew oneself one can do so online through [https://nirshamti.co.il/e-%D7%98%D7%91%D7%99%D7%9C%D7%94/ Zomet].<br />
#Another option is for a person to declare the pots that need tevilat kelim to be ownerless (hefker) in front of 3 Jews. One has to have full intent that the pots are ownerless and if someone took them one would have no claim upon them. If these Jews can't be there in person it is sufficient if they are present through social media technology but they should be people who live in the neighborhood. They should then leave the pots outside their house for a few minutes so that if someone wanted to take them they could. <ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-1-Mar-24-2020.pdf Rav Hershel Schachter (Teshuva dated 28 Adar 5780 p. 1)], [https://itorah.com/daily-halacha/lecture/if-one-has-new-utensils-which-he-is-unable-to-immerse/3801 Rabbi Mansour]</ref> Others disagree.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 5-12)] said that one shouldn't use the solution to make the pots hefker since you're using the kelim. See Sefer Tevilat Kelim p. 84 based on Maharil Diskin. See S"A Harav 445:1 that hefker that isn't meaningful since you plan to reacquire it isn't a solution. However, Rav Elyashiv and Rav Soloveitchik allowed it in extenuating circumstances. Rav Asher Weiss (Minchat Asher Corona p. 72) writes that one should avoid using new pots and relying on this leniency to mafkir but in an extenuating circumstance one can rely on it.</ref><br />
#If there's are no solutions, some poskim would allow using the pots without tevilat kelim in this extenuating circumstance.<ref>Rav Asher Weiss (Teleconference, March 22 2020 11am), Rav Yosef Tzvi Rimon (Teshuva dated Nisan 1 5780)</ref><br />
#Regarding a seder plate and kos shel eliyahu requiring tevilah, see [[Tevilat Kelim]] page.<br />
<br />
==[[Brit Milah]]==<br />
<br />
#A Brit Milah can be done without a minyan since gatherings aren't safe.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
#A grandfather or someone else involved in a brit milah via zoom can recite the naming of the baby but he should not recite the bracha of asher kidash yadid mbeten.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951300/rabbi-hershel-schachter/piskei-corona-22-participating-in-a-simcha-via-zoom/ Rav Schachter (Piskei Corona #22)]</ref><br />
<br />
==Naming a Girl==<br />
<br />
#Although normally we try to name a baby girl at an aliya to the Torah, a person doesn't need a minyan in order to name a girl and under the circumstances should do so without delay.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Neventzal], [https://www.yutorah.org/lectures/lecture.cfm/950292/rabbi-hershel-schachter/piskei-corona-11-krias-shem-for-a-baby-girl/ Rav Schachter (Piskei Corona Teshuva #11)], [https://vimeo.com/399141271 Rabbi Moshe Heinemann] at about 16:45</ref><br />
<br />
==Bar Mitzvah's==<br />
<br />
#[https://www.torahanytime.com/#/lectures?v=105558 A message for Bar Mitzvah Boys in the Lockdown by Rabbi Pesach Krohn]<br />
#A bar mitzvah boy who missed the opportunity to read his parsha in shul when he became bar mitzvah'ed when it is next possible to go to shul he can add his parsha as a hosafa and read it then. Additionally, the haftorah can follow that hosafa.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards end)]</ref><br />
#The father of a Bar Mitzvah boy who couldn't layn should wait until he can do something that shows he's Bar Mitzvah like layn or daven as Shaliach Tzibbur to make such a bracha.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
<br />
==Weddings==<br />
<br />
#Ideally a wedding shouldn't be pushed off if both parties are ready even though it means having a tiny wedding.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal], [https://www.kimizion.org/maamar/5780_5784/keter.pdf (Keter Yitanu Lecha p. 38)]</ref><br />
#A rabbi should not officiate at a wedding that isn't abiding by the CDC guidelines of health because he is furthering unsafe practices.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards beginning)]</ref><br />
#It has been asked whether or not the poskim are more lenient this year regarding weddings during [[Sefira]] but the answer is that it is not determined because the situation is still unclear.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref> Some are lenient but it is best to schedule for [[Rosh Chodesh]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref><br />
#If in this dire situation it isn't possible to have a minyan, it is possible to have a wedding nonetheless without [[Sheva Brachot]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/951180/rabbi-hershel-schachter/piskei-corona-18-getting-married-with-less-than-10-men-present/ Rav Schachter (Piskei Corona #18)] explained that although it isn't possible to recite Sheva Brachot and seemingly they forbid the couple to each other without Sheva Brachot in this extenuating circumstance one can rely upon the opinion that the wedding is valid and they are permitted even without Sheva Brachot (see Nodeh Beyehuda EH 1:56). For birkat erusin certainly having a minyan isn't critical (Shulchan Aruch E.H. 34:4) although it is preferable and in this circumstance unnecessary. From Bet Shmuel 64:4 it appears to be a dispute between the Shulchan Aruch and Rama whether one is allowed to have a wedding at all if it is extremely difficult to get a minyan, the Rama being lenient. </ref><br />
#A minyan for [[sheva brachot]] can not be created via Zoom. Additionally, one can't recite a bracha of sheva brachot for the couple via Zoom.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951300/rabbi-hershel-schachter/piskei-corona-22-participating-in-a-simcha-via-zoom/ Rav Schachter (Piskei Corona #22)]</ref><br />
<br />
==[[Fast Days]]==<br />
<br />
#If the rabbis declare a half fast day until [[Chatzot]] according to Ashkenazim an individual can recite [[Anenu]] in Mincha Shemona Esrei<ref>Rama 562:1 writes that Ashkenazim hold that even for an incomplete fast one can recite anenu. Mishna Brurhah 562:48 references this Rama in discussing a fast that was accepted to fast until chatzot. The Mishna Brurah 562:7 cites a debate as to whether one should omit the words צום תעניתנו while reciting עננו in such a scenario as many poskim argue that a half fast is not considered a fast and therefore one would not want to risk speak falsely, particularly when he is speaking to Hashem.<br />
<br />
*[https://www.theyeshivaworld.com/news/israel-news/1841977/hagaon-harav-chaim-kanievsky-calls-to-fast-for-half-a-day-on-erev-rosh-chodesh.html Rav Chaim Kanievsky] declared a half fast on Erev Rosh Chodesh Nissan 5780.</ref> assuming he is still fasting when he prays Mincha.<ref>Mishna Brurah 562:6</ref> According to Sephardim one can only recite anenu if one fasts the entire day.<ref>Shulchan Aruch 562:10-11 holds that a incomplete fast is not considered a fast with respect to saying anenu. Therefore if one only fasts until chatzot one should not recite anenu.</ref><br />
#A person should accept the fast from the day before, as is traditionally done at mincha time. If one didn't do so, according to Sephardim one shouldn't recite anenu, but according to Ashkenazim one can recite anenu.<ref>Shulchan Aruch and Rama 562:5</ref><br />
<br />
==Mezuzah==<br />
<br />
#A person should not kiss any mezuzah, or any siddur or chumash of a shul or a public area at this time because of concern of spreading COVID19.<ref>[https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)], [https://www.jpost.com/israel-news/chief-rabbi-of-israel-due-to-coronavirus-stop-kissing-the-mezuzah-619753 Chief Rabbi Rabbi David Lau]</ref><br />
<br />
==Shalom Bayit==<br />
<br />
#It is critical to be mindful of other people when everyone is under stress and no one is completely comfortable. [https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Dr. Pelcovitz] discusses the implications quarantine can have Shalom Bayit.<br />
#It is forbidden for a couple to have [[tashmish]] at a night of famine<ref>Gemara Tanit 11a, Shulchan Aruch O.C. 240:12</ref> since everyone is in distress it is incumbent on everyone to take upon himself an aspect of distress.<ref>Mishna Brurah 574:9</ref> The same is true for any time of societal distresses.<ref>Rama 240:12 based on Yerushalmi Tanit. Olot Tamid 240:6 (cited by Kaf Hachaim 240:85) understands the Rama to apply to any type of tragedy that we would declare a fast over.</ref> Others disagree.<ref>Shaarei Knesset Hagedola (Hagahot Tur 240:5) writes that tashmish is only forbidden during a famine, plague of the crops, locusts and the like which cause a famine but not for other tragedies or troubles. Kaf Hachaim 240:85 rules like the Shaarei Knesset Hagedola either because that is the explanation of the Yerushalmi or we don't follow the Yerushalmi.</ref><br />
#It is permitted to have tashmish on mikvah night.<ref>Shulchan Aruch O.C. 574:11 writes that it is permitted for a couple to have tashish on mikva night. Mishna Brurah 574:11 cites the Magen Avraham who argues with Shulchan Aruch but then he cites the Bigdei Yesha and Nahar Shalom who are lenient and there's what to rely on to follow Shulchan Aruch. Mishna Brurah concludes that certainly one can be lenient at a time when it isn't a famine and it is just another time of distress in the world.</ref><br />
#It is permitted to have tashmish for a couple who didn't yet fulfill [[pru urevu]].<ref>Shulchan Aruch O.C. 240:12, 574:4, Mishna Brurah 240:47</ref> Once his wife is pregnant this leniency doesn't apply.<ref>Mishna Brurah 574:12</ref><br />
#If he has a strong yetzer hara and there is a concern of [[hashchatat zera]] it is permitted.<ref>Mishna Brurah 240:46</ref><br />
#There is what to rely upon to have tashmish at a time of war and there is no midat chasidut to be strict, especially for young couples even for someone who fulfilled pru urevu.<ref>Tzitz Eliezer 13:21</ref><br />
#During the time then the plague of corona virus is rampant in the world there is a lot to rely upon to have tashmish. Someone who wants to be strict can do so.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949166/rabbi-ally-ehrman/is-tashmish-hamitta-permitted-during-the-coronavirus-pandemic-/ Rabbi Ehrman on yutorah]. Rav Asher Weiss (Zoom Conference, March 22 2020, 11am, min 15) was lenient he said that the situation presently isn't one that rises to the level where we need to declare a fast. Also, since domestic violence recently has been on the rise because of the quarantines one shouldn't be strict in this area. </ref><br />
<br />
==Laid off Workers and Cancelled Contracts Because of Corona==<br />
<br />
#If there's a employee that is unable to work because of a societal or national crisis the employees should continue to be paid by the employers according to many opinions or at least they should make a compromise.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949287/rabbi-michoel-zylberman/coronavirus-and-laid-off-employees/ Rabbi Zylberman on yutorah]. Mordechai b"m 343 writes that if there's a decree in the town that the teachers can't teach the teachers should still be paid. Rama C.M. 321:1 cites this Mordechai and applies it to any worker in 334:1. The Sama 334:2 argues with the Mordechai and holds that since the employee can't work and both aren't at fault and both couldn't foresee this the employer is exempt. Netivot 334:1 limits the idea of the Mordechai to a teacher and not other employers since a teacher is paid for sachar betela (see [[Laws_of_Learning_Torah#Taking_Money_for_Learning_and_Teaching_Torah]]). Shach 334 holds that this opinion of the Mordechai only applies if majority of the town ran away because of a crisis but if only a minority runs away then the employee isn't entitled to payment. Aruch Hashulchan 334:10 has another approach. If the situation prevents the worker from working then he is entitled to pay but if he runs away then he isn't. Rabbi Zylberman explained from Mishpat Poalim we think that this is a case of Hamotzei Mchavero Alav Harayah, whoever is holding onto the money can claim that he is exempt from paying or returning the money. Rav Asher Weiss in Minchat Asher 2:106 says that they should make a compromise, and Rav Bleich ([https://www.sefaria.org/Contemporary_Halakhic_Problems%2C_Vol_IV%2C_Chapter_XIV_The_Intifada_and_the_Gulf_War.35?lang=bi&with=all&lang2=en Contemporary Halachic Problems v. 4]) thinks that we follow the Rama. Once the Chatom Sofer had a case in his town and he felt that they should pay but he couldn't force everyone to pay it so he told them to pay half. Rav Yona Reiss had a case where they made a compromise. <br />
<br />
*Rav Asher Weiss (Zoom Conference, March 22 2020, 11am, min 21-25) thought that one should compromise and give the workers who aren't working 30% of their pay. This applies Jewish and non-Jewish workers. This is based on the Rama and Sama CM 221. As for the day schools and daycares that are closed and not providing services one theoretically should be exempt. Since it might be devastating to the schools one needs to wait until the government makes a decision. Either way, we should wait until there is a major decision from the government or authorities and follow that. Until then for the schools we should pay so that the teachers can have a salary for their [[parnasa]].</ref><br />
#This applies to contractors for cancelled events as well.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949287/rabbi-michoel-zylberman/coronavirus-and-laid-off-employees/ Rabbi Zylberman on yutorah]</ref><br />
#If someone rented out an apartment to someone and then he wants to retract because of a concern that the potential tenants have the virus, some say that it is forbidden to back out of the contract.<ref>[http://kol-barama.co.il/item/%D7%A4%D7%99%D7%A7%D7%95%D7%97-%D7%A0%D7%A4%D7%A9-%D7%A7%D7%95%D7%A8%D7%95%D7%A0%D7%94-%D7%A2%D7%A4%D7%99-%D7%94%D7%94%D7%9C%D7%9B%D7%94/ Rav Yakov Sinai] based on Rama in teshuva, Shach CM 312 and other sources</ref><br />
==Yeshiva Tuition==<br />
See previous section about the background for this question.<br />
# Even though the question of whether a person should pay tuition while it is closed is subject to debate a person should make sure to pay in full as the yeshivot do not have enough money and it is critical to do tzedaka at this time in order to save ourselves.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951789/rabbi-hershel-schachter/piskei-corona-27-the-importance-of-tzedaka-and-chesed/ Rav Schachter (Piskei Corona #27)</ref><br />
<br />
==[[Bikur Cholim]]==<br />
<br />
#A person doesn't have to and shouldn't visit someone who has a virus that contagious such as corona.<ref>[http://kol-barama.co.il/item/%D7%A4%D7%99%D7%A7%D7%95%D7%97-%D7%A0%D7%A4%D7%A9-%D7%A7%D7%95%D7%A8%D7%95%D7%A0%D7%94-%D7%A2%D7%A4%D7%99-%D7%94%D7%94%D7%9C%D7%9B%D7%94/ Rav Yakov Sinai (min 3)] explains that although the Rama in a teshuva and Knesset Hagedola hold that one should visit the sick even if they have a contagious disease, the Shulchan Gavoha and others disagree and that is the halacha.</ref><br />
#A person fulfills the mitzvah of bikur cholim on the phone according to many poskim.<ref>[https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Shlomo Aviner (Keter Yitnu Lecha p. 34)] citing Igrot Moshe YD 1:223 and Tzitz Eliezer 8:5. Rav Aviner added that the main idea of bikur cholim is to do what is best for the patient and in our context that is to call.</ref><br />
# Someone who is praying for a mortally ill patient to get better and doesn't know if he is still alive should pray for his well-being and not specifically for him to get better.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951537/rabbi-hershel-schachter/piskei-corona-25-davening-for-the-sick/ Rav Schachter (Piskei Corona #25)]</ref><br />
<br />
==Burial and Mourning==<br />
===Burial===<br />
#Each place should follow the guidelines that are in place for safety. If a minyan isn't possible, then the next thing that is to try to have is Jews doing the burial. If they don't even let that, then afterwards a Jew should check that the burial by the non-Jews was done properly in the ground.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 26-8)]. [https://www.yutorah.org/sidebar/lecture.cfm/951298/rabbi-hershel-schachter/piskei-corona-20-tahara-for-meisim/ Rav Schachter (Piskei Corona #20)] said that they should specifically have as few people as possible for the burial and maybe just the workers and that too fulfills the mitzvah of burial.</ref> It is forbidden to cremate and it is still considered not dangerous to properly do a burial with no tahara and minimal involvement of the fewest people or simply the cemetery workers.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951298/rabbi-hershel-schachter/piskei-corona-20-tahara-for-meisim/ Rav Schachter (Piskei Corona #20)]</ref><br />
#At this time the chevra kadisha should not perform a tahara for the deceased since it could lead to danger.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951298/rabbi-hershel-schachter/piskei-corona-20-tahara-for-meisim/ Rav Schachter (Piskei Corona #20)]</ref><br />
# A person who was buried in America because of the corona virus but was planned to be buried in Israel can later when the virus isn't an issue be reburied in Israel, even though generally we don't rebury someone who was buried.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)]</ref> See the topic of [[Laws_and_Customs_of_a_Funeral#Under_What_Circumstances_is_it_Permitted_to_Move_Someone_Buried.3F|reburying a corpse]] in general.<br />
<br />
===Kriyah===<br />
#The rabbi could do the [[Kriyah]] for the mourner with gloves and a mask or he can simply tell the mourner to do it.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Willig (min 29)]</ref><br />
===Avelut===<br />
# A person who is no going to be involved in the burial anymore because the deceased was given to the chevra kaddisha then he is not considered an [[Onen]] anymore and should begin [[Avelut]] (mourning). However, if he is going to call relatives to tell them about the levaya then he is still an [[Onen]].<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)]</ref>. If he is going to watch the burial with Zoom or listen on the phone it is unclear if he is still an Onen.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)] isn't certain if a person involved in the burial merely because he is watching via Zoom is still considered an Onen. [https://www.yutorah.org/sidebar/lecture.cfm/839779/rabbi-asher-bush/%d7%94%d7%aa%d7%97%d7%9c%d7%aa-%d7%90%d7%91%d7%99%d7%9c%d7%95%d7%aa-%d7%9c%d7%9e%d7%99-%d7%a9%d7%90%d7%99%d7%a0%d7%95-%d7%a0%d7%9e%d7%a6%d7%90-%d7%91%d7%a7%d7%91%d7%95%d7%a8%d7%aa-%d7%90%d7%91%d7%99%d7%95-%d7%95%d7%9e%d7%a9%d7%aa%d7%aa%d7%a3-%d7%a2-%d7%99-%d7%94%d7%98%d7%9c%d7%a4%d7%95%d7%9f/ Rav Asher Bush] wrote based on MPeninei Harav p. 202 that he considers someone phoning into a burial to not be an Onen unless they're going to ask him questions about the burial.</ref><br />
# On [[Erev Pesach]] if someone is buried before [[Chatzot]] (midday) the relatives should observe [[Avelut]] (mourning) before Chatzot and then at Chatzot it is considered like a Yom Tov and the rest of the [[Shiva]] is cancelled. If the person is buried after [[Chatzot]] they should observe Avelut before Yom Tov and then the Yom Tov will come and cancel the rest of [[Shiva]].<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)]</ref><br />
# A mourner shouldn't eat his first meal after the burial, the [[Seudat Havrah]], from his own food; other should provide that food. If at this time when people are concerned for COVID19 and might not send food, if the mourner knows that he isn't going to be sent food, he can eat the first meal from his own food.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)]</ref><br />
<br />
===Kaddish and Iyluy Neshama===<br />
# Under the circumstances a person can not recite the kaddish because minyanim aren't available. Therefore, a person should take upon himself to learn mishnayot for the deceased.<Ref>Rav Asher Weiss (Minchat Asher Corona pp. 58-9)</ref><br />
See [[Practices_in_the_Mourner%27s_House#Iyluy_Neshama]] and [[Kaddish]] pages.<br />
<br />
==[[Kibbud Av Vem]]==<br />
<br />
#If one's parents ask him to do something which the department of health has deemed unsafe a person should not listen to his parents in such a case and that isn't a breach of Kibbud Av Vem.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-2-Mar-25-2020.pdf Rav Schachter (Teshuva Adar 29 5780)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
<br />
==Violating Shabbat for [[Pikuach Nefesh]]==<br />
'''On Shabbat or Yom Tov, if anyone has any concern whatsoever that they are in serious danger because of deteriorating health, they should immediately call a doctor or [[Going_to_and_Staying_in_the_Hospital_on_Shabbat|go to the hospital]].'''<br />
#It is a well established halacha that it is not only permitted but even a mitzvah to violate [[Shabbat]] in order to safe a life or to remove a situation that presents even a slight chance of danger.<ref>Shulchan Aruch O.C. 328:13</ref> The question is how to define the threshold of danger.<ref>[http://nleresources.com/2020/03/rav-asher-weiss-coronavirus-in-halacha/#.XnoNOIjYrIU Rav Asher Weiss (March 15 2020, min 18-22) to Beit Midrash Gavoha] explained that the definition of danger in order to violate Shabbat isn't defined by statistics. For vaccinations we assume that it is a sakana not to vaccinate even though the odds of dying because of the measles is low. Since it is preventable it is incumbent upon us to vaccinate. He concludes that as long as it is a natural phenomenon and there is an action that we can do to prevent deaths we must do so.</ref><br />
#In certain cases of emergency regarding corona virus it would be allowed to violate Shabbat.<ref>[https://www.theyeshivaworld.com/news/headlines-breaking-stories/1841156/harav-zilberstein-answer-telephone-on-shabbos-if-awaiting-results-of-coronavirus-test.html Rav Zilberstein] allowed a patient to answer the phone on Shabbat with a [[shinuy]] only to hear the results of a test and answer questions for epidemiological investigation. If the test results that show that a patient has the virus are produced on Shabbat it is incumbent for the health department to deal with the quarantine then and it is permitted to answer the phone for that.</ref> Obviously every single case is different and one should learn the laws of Pikuach Nefesh from a rabbi in advance.<br />
#If a person is discharged from the hospital on Shabbat and they need him to leave because of the lack of space that they have because of the numbers of people who are ill, his family member can drive to get him. They should do a [[Shinuy]] when turning on the car like turning the key with one's weaker hand, or pressing the button on the key with one's knuckle. Also, when turning off the car one should use a Shinuy.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950282/rabbi-hershel-schachter/piskei-corona-6-pikuach-nefesh-on-shabbos/ Rav Schachter (Piskei Corona #6)]</ref><br />
# If a relative is in the hospital and the family members would call the hospital that would indicate to the doctors and nurses that the family cares and the patient will receive better treatment, it is permissible to do so on Shabbat or Yom Tov.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951791/rabbi-hershel-schachter/piskei-corona-29-calling-the-hospital-on-shabbos-or-yom-tov-to-advocate-for-relatives/ Rav Schachter (Piskei Corona #29)]</ref><br />
<br />
==Doctors Working in the Hospital==<br />
#Regarding the larger issue of halachic triage see [https://www.yutorah.org/lectures/lecture.cfm/951531/rabbi-hershel-schachter/piskei-corona-15-triage-in-medical-decisions-updated-/ Rav Schachter (Piskei Corona #15 Updated)]. Here is a relevant [https://docs.google.com/document/d/1CtQ_XHzQarzg_0PEQODCO1ATKlM_cEmvPsXa8kdpgJA/edit sourcesheet on Halachic Triage]. [https://aiayk.org/pesachaudio/ Rav Asher Weiss (Teleconference April 6 2020, min 5-15)] discusses triage in halacha and what doctors should do.<ref>Rav Asher feels that there are only two factors that we consider for halachic triage: give precedence to someone who is in immediate danger, and give treatment to whoever has a better chance for survival. Age or spiritual need for the community are not factors for precedence. <br />
* Rav Asher says that for choleh shebifanenu the knowledge that another choleh is going to come in soon is considered pikuach nefesh if will with certainty be helpful. Therefore, if an older patient comes into the hospital but they know a younger patient is going to come in, they can consider them as though they came in together and treat according to who is in immediate danger and who has the better chance to live. Rav Schachter felt the same way in his teshuva.<br />
* If a hospital has a certain regulation, does he need to disregard the hospital protocols? Rav Asher Weiss felt that the doctors should not disregard hospital protocol, for multiple reasons but partly because if he doesn't he'll lose his license and having more able doctors at this time is pikuach nefesh.<br />
* Pulling a patient off a ventilator because someone entered the hospital who has a better chance of living, Rav Asher (min 27) felt is forbidden. Rather the doctor should say that he feels uncomfortable to do this and should let another doctor do it. Rav Schachter felt that one should try to convince the older patient to sign a DNR at that point in order to save the younger patient. </ref><br />
# A doctor may and is encouraged to perform a life saving procedure if he is wearing the correct protective gear.<ref>[https://aiayk.org/pesachaudio/ Rav Asher Weiss (Aguda Teleconference, April 6, 2020, min 18-22)] explains that you can’t put yourself in danger. However, you can if you’re saving someone from an immediate danger and you’re putting yourself in minimal danger then it is a middat chasidut to do so. Therefore, a doctor should do mechanical ventilation CPR on a COVID19 patient if he has the correct protective gear.<br />
* Rav Asher (min 33) allowed sharing ventilators when the doctors see fit in order to save another life because moving a patient from a single ventilator to a shared ventilator isn't considered doche nefesh mipnei nefesh since it isn't proven to be dangerous to use a shared ventilator. He also cited the Chazon Ish regarding turning the arrow to the side killing fewer people to save more people.<br />
* Rav Asher (min 38) said that a doctor who isn't in that particular field or is retired or has vacation doesn't have to volunteer but his doing so would be a middat chasidut. However, if he is endangering himself such as if he's over 70, he is immune compromised, or has a family member who is, then he shouldn't volunteer.</ref><br />
# A doctor returning from the hospital on Shabbat and needs to shower for health reasons so as not to catch the corona virus on his body or clothing, may do so. If he can manage with a cold shower, he should do so. If he can't, he may turn on the hot water with a [[shinuy]].<Ref>[https://www.yutorah.org/lectures/lecture.cfm/951538/rabbi-hershel-schachter/piskei-corona-26-showering-when-returning-home-from-the-hospital-or-the-mikvah-on-shabbos-or-yom-tov/ Rav Schachter (Piskei Corona #26)]. See there for how he distinguishes this from the woman returning from the mikveh on Shabbat.</ref><br />
<br />
==[[Mesira]] and Rodef==<br />
<br />
#If your doctor actually ascertains that there is a sakanat nefashot, mortal danger, involved with a certain large gathering that someone is doing then it is permitted to tell the authorities. However, otherwise it is forbidden because of informing upon another Jew ([[mesira]]). This can be a very difficult measure to actually properly assess.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Willig (min 41)]</ref><br />
#Some hold that if a person is supopsed to be in quarentine and they are not they are considered a rodef. However, obviously one should first speak to him and convince him to do what is safe.<ref>[https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 36)] citing Rav Zilberstein</ref><br />
<br />
==Links==<br />
<br />
*[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal Q&A about Corona]<br />
*[https://rabbidunner.com/coronavirus-qa-with-rav-hershel-schachter/ Transcription of Q&A with Rav Schachter by Rabbi Dunner]<br />
*[https://www.theyeshivaworld.com/news/featured/1839350/no-shul-yeshivas-shabbos-guests-levayos-shiva-vaad-harabanim-of-bergen-county-releases-letter.html RCBC letter calling for the closing of Shuls and Schools]<br />
*[http://www.torahweb.org/ TorahWeb] hosts many resources for Corona halacha including Rav Schachter's Teshuvot<br />
*[http://www.kolcorona.com/ KolCorona.com] a Torah resource, initiated by Rabbi Reuven Taragin, for those affected by Corona<br />
<br />
==Sources==<br />
<references /><br />
[[Category:Orach Chaim]]</div>YitzchakSultanhttps://halachipedia.com/index.php?title=Halachot_Related_to_Coronavirus/COVID-19_Pandemic&diff=25525Halachot Related to Coronavirus/COVID-19 Pandemic2020-04-08T15:31:29Z<p>YitzchakSultan: /* Violating Shabbat for Pikuach Nefesh */</p>
<hr />
<div>[[Image:3D medical animation corona virus.jpg|right|300px]]<br />
All rabbinim agree that one should be cautious with all the health guidelines and social distancing<ref>[https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 34)] interestingly describes the sources in general about the Jewish view on handshaking and whether it is a [[Chukot Hagoyim]]. The poskim hold that in it isn't however, at this time it is forbidden because of the health concerns.</ref> set up by the government and other local institutions in order to stay safe and help prevent getting others sick.<ref>[https://www.torahanytime.com/#/lectures?v=104843 Rav Yitzchak Yosef], [http://www.torahweb.org/torah/docs/rsch/RavSchachter-with-doctors_Mar-15-2020.pdf Rav Hershel Schachter], Rav Asher Weiss (Teleconference March 22 2020), [https://www.ou.org/covid19/ OU (March 20 2020)], [https://www.torahanytime.com/#/lectures?v=106099 Rav Shmuel Fuerst (min 53)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal], [https://www.jpost.com/israel-news/leader-of-ultra-orthodox-world-calls-for-lone-prayer-due-to-coronavirus-622805 Rav Chaim Kanievsky], [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Shlomo Aviner (Keter Yitnu Lecha p. 34)], and RCBC letters. An article on [https://www.kikar.co.il/abroad/354170.html kikar.co.il] describes how the gedolim are currently davening privately including: the Gerre rebbe, Rav Shalom Kohen, Rav Gershon Edelstein, Rav Moshe Shternbuch, Rav Yitzchak Yosef, Sanser Rebbe, Rav Bakshi Doron, Rav Dovid Yosef, Bavian Rebbe, and Rav Sheiner.<br />
<br />
*Endangering Oneself to Learn Torah: Ketubot 77b records and praises the practice of Reish Lakish to teach Torah to those ill with tzarat, some translate as leprosy, even though it is contagious. The gemara explained that he did so out of his love for Torah. Daf Al Hadaf cites Mishnat Pikuach Nefesh 69:7 who asks how Reish Lakish could endanger himself and rely on a miracle. He answers that the disease he was concerned with was only dangerous to health but not life threatening.</ref> Coronavirus, as it causes a serious health threat to some people, inhibits any social gatherings and semachot, and has severely damaged the economy and livelihood of certain people, poses a serious challenge to everyone. We all need to daven and take advantage of the circumstances in order to best serve Hashem. As a thoughtful Jew, it is incumbent upon a person to take to heart some important lessons of life and re-strengthen himself in his commitments. <ref>Rambam Taniyot 1:1-3, [https://www.torahanytime.com/#/lectures?a=105844 Rav Reuven Epstein] emphasizes that we need to take a lesson from corona since it overtly a hardship for Jews and humanity and a sign from Hashem. [https://www.yutorah.org/lectures/lecture.cfm/949185/rabbi-menachem-penner/shema-everything-is-from-hashem/ Rabbi Penner] discussed how we can revitalize our strength in mitzvot at this time based on better appreciating the lessons of Shema. Rav Asher Weiss (Teleconference March 22, 2020) introduced his shiur by discussing how we can strengthen our commitment to [[Ben Adam Lchavero]]. [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha)] wrote many lengthy pieces on the hashkafic questions related to COVID19.</ref> Additionally, on a practical level, COVID19 has many implications for people, and below is a small collection of the relevant halachot.<br />
<br />
==[[Tefillah]]==<br />
When davening at home one should be cognizant of the following ideas:<br />
<br />
#The best time to pray is Netz. According to many poskim this is equivalent to praying with a minyan.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz], Laws of Praying Beyachid (Adar 5780) by Rabbi Yonatan Nacson p. 1 citing Yalkut Yosef 89:1</ref><br />
#A person should daven in a [[makom kavuah]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] and [https://www.star-k.org/videos.php Rabbi Moshe Heinemann around minutes 5-7]</ref><br />
#A person should daven in front of a wall so that there's no distractions in front of him.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]</ref><br />
#A person can and should daven near a window that serves as a means of being inspired to look towards heaven.<ref>Shulchan Aruch 90:4 writes that there should be windows in a place where one davens. [https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] suggested that the same should be done for when we daven at home to daven in a place where there is a window.</ref><br />
#A person can daven [[Shemona Esrei]] aloud if it helps his kavana. It also serves as a role model for children.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]</ref><br />
#A person shouldn't daven in a room that is usually used for frivolity.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]</ref><br />
#A person shouldn't daven in front of an open bathroom.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]</ref><br />
#At a time of a plague such as our times it is advisable to say [[ketoret]] which has the power to end a plague.<ref>Laws of Praying Beyachid by Rabbi Nacson p. 2, [https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] citing Rabbi Akiva Eiger teshuva 71</ref><br />
#According to some, at this time a person should recite Avinu Malkenu in [[Shacharit]] and [[Mincha]],<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] quoting Rav Schachter</ref> while others emphasize how one must focus on Teshuvah and reciting all parts of the regular seder haTefillah first.<ref>[https://www.torahanytime.com/#/lectures?v=104864 Rav Bention Mutzafi (55:10)]</ref> Avinu Malkenu should not be recited during [[Nissan]].<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal] stated that one should not recite Avinu Malkenu during Nissan. See Divrei Yatziv OC 75 for different minhagim about saying Avinu Malkenu during Nissan. See discussion page.</ref><br />
#Eating a meal before davening when the time comes to daven a certain tefillah should be avoided since generally we are lenient about this since we go to established minyanim but for when that isn't possible we should be more strict about this.<ref>Mishna Shabbat 9b, [https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]. [https://www.star-k.org/videos.php Rabbi Moshe Heinemann] around minutes 5-7 says that if one sets an alarm, that should be sufficient</ref> See details here about [[Eating before Davening| eating]] and [[Other Activities before Davening| doing activities before davening]].<br />
#When davening as a family, in a temporary fashion, some hold that it isn't necessary to have a [[mechitza]] and the men and women can simply daven on different sides of the room.<ref>Igrot Moshe 5:12:1 writes that regarding a Shabbos Sheva Brachos since it is just the family and it is a temporary situation no mechitza is necessary.</ref> See [[Mechitza]] for more details.<br />
#A person shouldn't forget to recite [[Birkat Halevana]] by themselves when they see the moon. It can be said from indoors. See [[Birkat Halevana]] page for details.<br />
<br />
===Parts of Davening to Skip===<br />
<br />
#On Friday night an individual doesn't recite [[Shabbat_Davenings#Me.27ayn_Sheva |Magen Avot]] after Shemona Esrei of Maariv.<ref>Laws of Praying Beyachid p. 10 citing Shulchan Aruch O.C. 268:8</ref> However, one should recite Vayechulu.<ref>[https://vimeo.com/399141271 Rabbi Moshe Heinemann] at around 24:45. At around 34 minutes, he clarifies that this can be done even by yourself, though normally we try to say it with at least two </ref><br />
#One doesn't recite [[Baruch Shemey]] when praying by oneself since it is part of the activity of removing the Sefer Torah.<ref>Mishna Brurah 134:13</ref><br />
<br />
==Minyan via Porches or Technology==<br />
<br />
#It is forbidden to have a minyan in person whether it is in a shul, shteibel, home, or backyard.<ref>[https://www.ou.org/covid19/ OU]. [https://www.yutorah.org/lectures/lecture.cfm/950656/rabbi-hershel-schachter/piskei-corona-14-forming-a-minyan-outside/ Rav Schachter (Piskei Corona #14)] writes that a person shouldn't try to make a minyan on his lawn spread out even if there's a small remote chance of spreading the virus. He also held that making a minyan with ten people standing on different balconies or porches doesn't count as a minyan. [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)] writes that certainly a person should not attend a minyan because of the danger and one may not rely on the zechut of a minyan to protect him, one needs to be safe. </ref><br />
#If there ten people standing on their own porches and can see one another, some say that one can not create a minyan in such a manner, while others hold that one can.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950656/rabbi-hershel-schachter/piskei-corona-14-forming-a-minyan-outside/ Rav Schachter (Piskei Corona #14)] holds that it isn't a valid minyan. However, Rav Shternbuch (teshuva Nissan 8 5780) held that it is a valid minyan. To satisfy all the opinions the shaliach tzibur should have in mind that when he does chazarat hashatz that he could be praying a voluntary tefillah. They can't join if they're across the street and within ten tefachim of the ground. The shaliach tzibur needs to be able to see everyone. For kriyat hatorah that is done with porches initially one should call up the baal koreh or anyone on his porch, then one can even call up to an aliya someone on another porch as long as he can hear the baal koreh. The kohanim should leave before retzah because they can't say birkat kohanim. Someone davening alone doesn't have to hear kriyat hatorah since it is an obligation of the community and not individual. Rav Asher Weiss (Teleconference with Aguda, April 2 2020) was also inclined to hold that it is possible to make a minyan with people on porches who can see each other.<br />
<br />
*Mishna Brurah 55:48 based on Rashba responsa 1:96 holds that one can learn from the laws of zimmun that if people can see each other they can join for minyan.</ref><br />
#You can't create a minyan with a video (e.g. zoom or skype) or phone call but one can join a minyan of ten men in one room with a video or phone call in order to answer [[dvarim shebekedusha]].<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)], Rabbi Nacson in Laws of Praying Beyachid p. 4 based on Yalkut Yosef 5775 ed Yamim Noraim p. 17, Yabia Omer 1:19:18, Chazon Ovadia Purim p. 56</ref><br />
#It isn't considered a minyan for people to join together to daven on a video conference but it is still somewhat spiritually valuable.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)]</ref><br />
<br />
===Answering [[Amen]]===<br />
<br />
#Even if there is a time delay between the person reciting the bracha and the one answering it that wouldn't be considered an [[Amen Yetoma]].<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)], [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)], Rabbi Nacson in Laws of Praying Beyachid p. 4 based on Yalkut Yosef 5775 ed Yamim Noraim p. 17, Yabia Omer 1:19:18, Chazon Ovadia Purim p. 56</ref><br />
<br />
===Megillah===<br />
<br />
#There is a major dispute if a person could fulfill their mitzvah of listening to the megillah on the phone or through watching a live streamed video. Some rabbanim advised this,<ref>Rav Schachter cited by [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)] and Rav Aviner agreed.</ref> while others hold that one can't fulfill one's mitzvah at all.<ref>Rav Dovid Feinstein cited by [http://podcast.headlinesbook.com/e/coronavirus-what-the-halacha-tells-us/ Rabbi Fink] and [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)]</ref> See this topic explained more fully here: [[Brachot_Through_a_Microphone]].<br />
<br />
==Netilat Yadayim==<br />
<br />
#If a person wants to wash his hands with soap and wash [[Netilat Yadayim for a meal]], one should first wash Netilat Yadyaim for the meal, dry the hands, recite the bracha, and then wash one's hands with soap and then recite the Hamotzei.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Willig (min 30-34)]</ref><br />
<br />
==Shabbat Davening==<br />
===Friday Night===<br />
#Although the reason for reciting Shalom Alechem on a Friday night is that the angels accompany you home from shul and you welcome them to your home, if one was unable to attend shul on a Friday night, he would still sing Shalom Alechem.<ref>[https://vimeo.com/399141271 Rabbi Moshe Heinemann] at around 28:30 in the name of Rav Moshe Feinstein, because Hashem will not punish you by not sending the angels when you weren't able to attend</ref><br />
===Davening for the Sick===<br />
# It is generally prohibited to daven on Shabbat for our needs or for the well-being of a sick person. However, if the person is in a state of mortal danger one may daven for his well-being on Shabbat.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951537/rabbi-hershel-schachter/piskei-corona-25-davening-for-the-sick/ Rav Schachter (Piskei Corona #25)]</ref> See [[Shabbat_Davenings#Personal_Requests]] for all of the details of this topic.<br />
<br />
===[[Kriyat Hatorah]]===<br />
#A person who is at home and can't be at shul should nonetheless read the parsha from a chumash between Shacharit and Mussaf as a way of remembering the concept of kriyat hatorah. He can use that reading as part of his reading of [[Shenayim Mikra Vechad Targum]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] quoting Rabbi Willig. [https://www.star-k.org/videos.php Rabbi Moshe Heinemann] around minutes 7-10 agrees that you should do so on Shabbat, but that it is not necessary on Monday and Thursday. </ref> Some think this doesn't accomplish anything.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950291/rabbi-hershel-schachter/piskei-corona-8-krias-hatorah/ Rav Schachter (Piskei Corona #8)]</ref><br />
#When the congregation misses a kriyat hatorah they can make it up by reading two parshiyot next week in Shul. However, if they miss multiple weeks there is a discussion if they should or could make up all of the parshiyot that they missed.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] based on Rama and Magen Avraham</ref><br />
#A person should not move a sefer torah out of a Shul for a home minyan.<ref>[https://drive.google.com/file/d/14IUOs2OOMhloqYwnbv3iKGrWS6GbYGId/view?usp=drivesdk Rabbi Yonatan Nacson in Laws of Praying Byachid (p. 10)] citing Rav Asher Weiss</ref> See [[Respecting_a_Sefer_Torah#Transporting_a_Sefer_Torah]] for more details.<br />
#There still is an obligation of [[Shenayim Mikra Vechad Targum]] when the there is no congregation doing the Kriyat Hatorah in shul.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950291/rabbi-hershel-schachter/piskei-corona-8-krias-hatorah/ Rav Schachter (Piskei Corona #8)</ref><br />
#One doesn't recite [[Baruch Shemey]] when praying by oneself since it is part of the activity of removing the Sefer Torah.<ref>Mishna Brurah 134:13</ref><br />
===Anim Zemirot===<br />
# A person davening alone doesn't have to recite Anim Zemirot.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951536/rabbi-hershel-schachter/piskei-corona-24-anim-zmiros-without-a-minyan/ Rav Schachter (Piskei Corona #24)] explains that anim zemirot was instituted only for a minyan, and according to Rav Soloveitchik was considered a [[dvar shebekedusha]].</ref><br />
<br />
==[[Hagomel]]==<br />
<br />
#A person who was quarantined and got out of quarantine doesn't recite Hagomel since they were in no danger.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
#A person needs to recite [[hagomel]] in front of a [[minyan]] of ten men. Some suggest that this can be recited before ten people listening on a video or phone call and can answer amen. Even though they aren't present, the minyan in this context is purely to publicize the idea so it is permissible.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)]</ref> Others disagree and as long as the minyan isn't in the same room one can not recite hagomel.<ref>Divrei Dovid 4:3</ref><br />
#According to Ashkenazim, if a person is ill with a sickness to the point that he is a choleh sheyesh bo sakana, a concern of mortal danger, he should recite Hagomel, but if he less sick than that there is no need to recite Hagomel.<ref>Rama 219:8, [http://nleresources.com/2020/03/rav-asher-weiss-coronavirus-in-halacha/#.XnoNOIjYrIU Rav Asher Weiss (March 15 2015, min 11)]</ref> Sephardic tradition is to recite Hagomel anytime someone was sick in bed such as with a flu or bad cold even for a short period of time.<ref>[https://itorah.com/global-search/birkat%20hagomel Rabbi Mansour ("Saying Birkat Hagomel Within 3 Days and Laws of Birkat Hagomel Following A Sickness")]</ref><br />
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==[[Bedikat Chametz]] and [[Biur Chametz]]==<br />
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#A person should do bedikat chametz after praying by oneself at Tzet Hakochavim and then immediately begin the bedika. They should not have a meal within a half hour of the bedika.<ref>[https://www.torahanytime.com/#/lectures?v=106099 Rav Shmuel Fuerst (min 1-5)],[https://www.yutorah.org/sidebar/lecture.cfm/950401/rabbi-dan-cohen-rabbi-meir-gavriel-elbaz/pesach-prep-simplified/ Rav Meir Elbaz (min 17-8)]</ref><br />
#Because one can't do a large communal Chametz burning because gatherings aren't safe and even doing it with a few people at a time can look to non-Jews as unsafe. Rather one should just do biur chametz with a Kezayit by flushing it down the toilet.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-3-Mar-26-2020.pdf Rav Herschel Schachter (teshuva Rosh Chodesh Nissan 5780)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]. [https://www.jpost.com/Israel-News/Chief-Rabbis-Dont-leave-home-to-burn-chametz-for-Passover-623072 Rav Yitzchak Yosef and Rav David Lau] said that one should not go outside to burn chametz or kasher pots.</ref><br />
#A person should sell chametz in the house or office if he left there before he had the chance to do a bedikat chametz. By selling the chametz there he is absolving himself of having to do bedikat chametz.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/950401/rabbi-dan-cohen-rabbi-meir-gavriel-elbaz/pesach-prep-simplified/ Rav Elbaz (min 26)], Rav Asher Weiss (Teleconference, March 29 2020 11am)</ref><br />
<br />
==Selling [[Chametz]]==<br />
<br />
#If a person doesn't usually [[sell chametz]] and is afraid that if he doesn't sell chametz one year he isn't going to have food afterwards he can sell his chametz. He wouldn't require a [[hatarat nedarim]].<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (min 20)], [https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 9-11)]. [http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-3-Mar-26-2020.pdf Rav Herschel Schachter (teshuva Rosh Chodesh Nissan 5780)] explained the reason why the hatarat nedarim isn't necessary. [https://vimeo.com/399141271 Rabbi Moshe Heinemann] at around 46:45 agrees that if there is a big loss one can be lenient and sell chametz and it would not require hatarat nedarim, although he isn't so sure that it would be a big loss to an individual.</ref><br />
#A person can sell his chametz on the phone or online and if possible a kinyan can be made virtually in order to appoint the rabbi to sell the chametz. The kinyan would take place as follows: the rabbi would ask if there's someone standing next to the one who wants to appoint the rabbi and if there is then that person can give a pen or a utensil to the one who wants to appoint the rabbi as his shaliach. This is considered a valid kinyan between the person standing there and the one who wants to appoint the rabbi on behalf of the rabbi to be appointed. If that isn't feasible it isn't necessary. Nonetheless, one could stipulate in the document that this appointment of the rabbi is done with the full knowledge of its legal ramifications and it is accepted completely.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-1-Mar-24-2020.pdf Rav Hershel Schachter (Teshuva dated 28 Adar 5780 p. 2)], Nefesh Harav p. 179, [https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (min 1-5)] explained that the minhag is to make a kinyan to appoint a someone to sell something for you. This is classically done with a handing of a handkerchief from the rabbi to the one selling chametz. However, when they call on the phone that isn't possible. The Steipler held in such a case it isn't necessary to be careful about that minhag and simply have the person orally declare that he appoints the rabbi. However, Rav Soloveitchik felt that we should try to fulfill the minhag in any event. How can it be fulfilled? One can have someone standing in the room next to the person on the phone give something to the person on the phone on behalf of the rabbi. That is an effective halachic kinyan on behalf of the rabbi (see Kiddushin 7a). [https://www.torahanytime.com/#/lectures?v=106099 Rav Shmuel Fuerst (min 10)] explained that one can appoint the rabbi to sell his chametz online. Rav Asher Weiss (Minchat Asher Corona p. 66) agrees. [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal] allowed appointing the rabbi online if he is a talmid chacham.</ref><br />
#There is no issue with the selling of Chametz even though the Chametz is in a locked building or in a place that isn't accessible to the non-Jew because of the coronavirus situation.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950290/rabbi-hershel-schachter/piskei-corona-10-chametz-sheeno-birshuso/ Rav Schachter (Piskei Corona #10)]</ref><br />
#Some poskim allow ordering chametz on Pesach if one is certain that it will only be delivered after pesach.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951179/rabbi-hershel-schachter/piskei-corona-17-ordering-chametz-from-a-non-jew-on-pesach-to-arrive-after-pesach/ Rav Schachter (Piskei Corona #17)] explains that it isn't considered rotzeh bkiyumo, wanting the chametz to continue to exist, to order the chametz since one doesn't insist on any particular box of chametz that the company provides. However, one certainly may not acquire it with a kinyan such as picking it up or moving it. Even if it is delivered into one's property if one has intention not to acquire it, one doesn't acquire it. Yet, one can't even protect it since doing so is an issue of rotzeh bkiyumo. [https://yeshiva-university.zoom.us/rec/play/usAsduuh-283HoLAtASDAPZ9W9S0eq2s0igX-_pez0jkW3EFZFr1M7QRa7Qf9B_vOGt5lyO0vcW9I1-0?startTime=1585760529000&_x_zm_rtaid=CQsocm3ZRaq6pGgFL5OMGQ.1585880286593.75ff95374a21dbfc2f0c45524d508e2a&_x_zm_rhtaid=674 Rav Willig (April 1 2020, min 0-2)] agreed in technical terms.</ref><br />
<br />
==Buying for Pesach==<br />
<br />
#If you have raw chicken or raw meat you don't have to worry that it is chametz even if it was processed in a place where there was chametz. You can simply wash it off to solve any question.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 11-15)]</ref><br />
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==Kitniyot==<br />
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#Out of a concern of the coronavirus, this year some poskim permit taking vitamins which have additives of [[kitniyot]] in order to stay healthy and to strength one's immune system.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950289/rabbi-hershel-schachter/piskei-corona-7-kitniyos/ Rav Schachter (Piskei Corona #7)]</ref><br />
#Someone with Crohn's disease and needs to drink an enriched milk with kiniyot additives for his health can do so on Pesach. Also, he can do so within 6 hours after eating meat (see [[Waiting between Meat and Milk]]).<ref>[https://www.yutorah.org/lectures/lecture.cfm/950289/rabbi-hershel-schachter/piskei-corona-7-kitniyos/ Rav Schachter (Piskei Corona #7)]</ref><br />
<br />
==[[Kashering for Pesach]]==<br />
<br />
#Some poskim allow [[kashering a dishwasher]] for Pesach even though there are plastic and other materials in there that are questionable to kosher. One should wait 24 hours without using it and then use with just hot water and no soap. According to Ashkenazim this should be used to kosher it from Chametz but not from meat to parve or milk or vice versa.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-3-Mar-26-2020.pdf Rav Herschel Schachter (teshuva Rosh Chodesh Nissan 5780)]</ref><br />
#Some hold that one can kasher plastic, while others disagree. See on the [[Kashering_the_Kitchen_for_Pesach#Which_materials_can_be_kashered.3F]] page.<br />
<br />
==Pesach Davening==<br />
===Hallel Pesach Night===<br />
<br />
#There is a custom of Sephardic and some Ashkenazic communities to recite Hallel Pesach night in Shul. However, being that the current situation demands that a person needs to remain inside there is no way to fulfill this minhag and should not recite Hallel after davening. Rather one should only recite it at the Seder.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950285/rabbi-hershel-schachter/piskei-corona-9-hallel-on-pesach-night-and-tefillas-tal/ Rav Hershel Schachter (Piskei Corona #9)]</ref> Some Ashkenazic poskim would allow reciting a bracha.<ref>Rav Asher Weiss (Minchat Asher Corona p. 73-4) writes that a person who has the practice to recite the Hallel the night of the seder after davening can do so with a bracha even when davening individually.</ref><br />
#According to Sephardim, one should recite Hallel the night of the seder after davening with a bracha even though one is davening at home.<ref>Yachava Daat 5:34, Teshuva written by Rabbi Mordechai Lebhar author of Magen Avot (Erev Shabbat Hagadol 5780), Kaf Hachaim 487:38-42</ref><br />
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===Shir Hashirim on Chol Hamoed===<br />
#Ashkenazim generally have the custom to read Shir Hashirim on Shabbat Chol Hamoed Pesach. This year since there is no minyanim available, when one davens at home individually, there is no obligation to read Shir Hashirim. One may do so but it isn't in fulfillment of the minhag.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950655/rabbi-hershel-schachter/piskei-corona-13-shir-hashirim-on-chol-hamoed-pesach/ Rav Schachter (Piskei Corona #13)]</ref><br />
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===Tefillat HaTal===<br />
#One can recite the piyut for tal on Pesach was only instituted for a congregation, however if one wants to recite it one may do so.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950285/rabbi-hershel-schachter/piskei-corona-9-hallel-on-pesach-night-and-tefillas-tal/ Rav Schachter (Piskei Corona #9)]</ref><br />
#In Mussaf everyone should stop saying [[Mashiv Haruach Umorid Hageshem]] and instead recite Morid Hatal because one is davening individually and one may not change from the practice of saying Mashiv Haruach of the congregation until the Shaliach Tzibur has done so and this year there are no minyanim switching at mussaf. After Mussaf, starting with Mincha, one should follow their regular minhag if they usually recite Morid Hatal or not.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950285/rabbi-hershel-schachter/piskei-corona-9-hallel-on-pesach-night-and-tefillas-tal/ Rav Schachter (Piskei Corona #9)]</ref> See [[Mashiv_HaRuach_UMorid_HaGeshem#When_to_Stop_Morid_Hageshem_and_Start_Tal]] for the background.<br />
# For Sephardim, one may begin to recite Morid Hatal in Mussaf even though he praying individually and there is no minyan nearby.<Ref>Kaf Hachaim 114:8 and Halacha Brurah v. 6 p. 145 rule that the primary halacha is that there's no prohibition to begin to start to say Morid Hatal before the Shaliach Tzibbur. It is only forbidden for an individual to begin Mashiv Haruach Umorid Hageshem before the congregation does. This is the approach of the Bet Yosef citing the Ran, Pri Chadash, and Maamar Mordechai, unlike the Raavad cited by the Tur 114:2. However, in a regular year, the Kaf Hachaim and Halacha Brurah recommend being strict for the Raavad to have the Shaliach Tzibur announce before the Mussaf that everyone should begin to say Morid Hatal.</ref><br />
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==Machine Matza==<br />
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#It is permitted under extenuating circumstances to use [[machine matza]] for the mitzvah of eating matzah on the seder night.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards beginning)]. This is acceptable for Sephardim as well even with a bracha as described by Rav Ovadia Yosef in Yachava Daat 1:14 and Chazon Ovadia (Pesach Hilchot Leil Haseder 5763 Edition p. 76). [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim] holds that one should really used hand baked matzah but if one can't acquire any then one can use machine matzah. [https://yeshiva-university.zoom.us/rec/play/uMB7I-D--j83ToDAtgSDUaJ7W9Xueqis0nRK-6FfmUm0VSMBZ1qjYLIbZbHenouY882eTH8fEnI5K7DA?startTime=1585587811000&_x_zm_rtaid=5PWyeRatQdGWZ2q1UH7K6w.1585657713810.05dafc99f0c11cb46ffb1a63ddd87e47&_x_zm_rhtaid=904 Rav Willig (min 2)] has a similar approach.</ref><br />
#Some say that there's no concern to have the hand baked matzot this year.<ref>Rav Asher Weiss (Teleconference March 22 2020, min 19) said that there's no concern to use the hand-baked matzot since they were baked earlier in the year. His personal minhag is to have only hand baked matzot. In terms of using machine matzah he felt that it is only a chumra not to use them even for the mitzvah of motzei matzah and one could use them if there's no other option.</ref><br />
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==[[Eruv Tavshilin]] and [[Eruv Chatzerot]]==<br />
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#A rabbi should establish an eruv tavshilin on behalf of his whole community. Even though usually he acquires it to another person who isn't a family member on behalf of the community, this year because of social distancing one can acquire it to one's wife. <ref>[https://www.yutorah.org/lectures/lecture.cfm/951181/rabbi-hershel-schachter/piskei-corona-19-eruv-tavshillin-and-eruv-chatzeiros-and-social-distancing/ Rav Schachter (Piskei Corona #19)]</ref><br />
#An eruv tavshilin works to allow cooking from Yom Tov to Shabbat even though it isn't possible to have guests in most cases.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951181/rabbi-hershel-schachter/piskei-corona-19-eruv-tavshillin-and-eruv-chatzeiros-and-social-distancing/ Rav Schachter (Piskei Corona #19)] explained that usually we use the concept of ''hoil'', since guests might arrive who can eat the food one cooked, to permit cooking from one day of Yom Tov to Shabbat. However, this year that seems not to be applicable. Rav Schachter explained based on the Maharam Chalavah that ''hoil'' doesn't necessitate that one actually have guests or even have the ability to have guests, it is rather a halachic principle since objectively it is possible to have guests the eruv is effective.</ref><br />
#The communal eruv chatzerot continues to be effective even though the communal box of matzah's might not be accessible.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951181/rabbi-hershel-schachter/piskei-corona-19-eruv-tavshillin-and-eruv-chatzeiros-and-social-distancing/ Rav Schachter (Piskei Corona #19)] explained that since theoretically it is possible to get the box alone for a few minutes it isn't completely inaccessible (see Har Tzvi OC 2:16).</ref><br />
#It is permissible to wear a surgical mask on Shabbat outside and it isn't [[carrying]] as long as it is fastened well and won't fall off.<ref>[https://itorah.com/daily-halacha/lecture/may-one-wear-a-surgical-mask-on-shabbat-in-a-public-domain/3803 Rabbi Mansour]</ref><br />
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==Birchat Ha'ilanot==<br />
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#One can recite birkat hailanot from indoors if one can see the trees but one may not recite them by seeing the trees on a video.<ref>Ateret Paz p. 154-6</ref> See the [[Birchat HaIlanot]] for more details and sources.<br />
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==[[Tanit Bechorot]]==<br />
#A person should try to finish a short masecheta to make his own siyum.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-1-Mar-24-2020.pdf Rav Hershel Schachter (Teshuva dated 28 Adar 5780 p. 2)], [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref> Some say that learning one masechta with Bartenura is sufficient.<ref>[https://itorah.com/daily-halacha/lecture/ta-anit-bechorot-during-the-coronavirus-pandemic/3802 Rabbi Mansour], [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref><br />
# Many poskim say that he can rely on a siyum over the phone or video livestream.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-1-Mar-24-2020.pdf Rav Hershel Schachter (Teshuva dated 28 Adar 5780 p. 2)]. [https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards beginning)]. [https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 1-4)] explained that Rav Schachter and Rav Shlomo Zalman Auerbach hold that it is enough to listen and join with the siyum over the phone or video call. However, other poskim don't like this leniency. Rav Asher Weiss (Teleconference March 22 2020, min 7) agreed that one can be yotzei with a siyum over the phone or video for the tanit bechorot. [https://www.torahanytime.com/#/lectures?v=106099 Rav Shmuel Fuerst (min 6)] agreed that this year you can be yotzei the siyum over the phone since it is an extenuating circumstance. [https://youtu.be/Yo6IJi2V-bw Rav Avigdor Nevinsal] agreed that you can be part of a siyum over the phone and the meal one has afterwards is a seudat mitzvah. [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim] holds that it is better to make a siyum oneself even on a tractate of mishna but if that's not possible one can listen on the phone.</ref><br />
# Some say that in the event one can't make one's own siyum or even hear someone else's, one doesn't need to fast this year in order to maintain strength in this time of a health crisis.<ref>[https://itorah.com/daily-halacha/lecture/ta-anit-bechorot-during-the-coronavirus-pandemic/3802 Rabbi Mansour]</ref><br />
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==Birkat Halevana==<br />
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#Ideally one should recite birkat halevana outdoors.<ref>Rama 426:4</ref> If one can not do so one can recite Birkat Halevana from inside but initially one should open the window.<ref>Pri Megadim M"Z 426:4, Mishna Brurah 426:21</ref> See the [[Birkat HaLevana]] page.<br />
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==Chol Hamoed==<br />
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#One can't buy stocks or sell them on Chol Hamoed, however, if not selling them could lead to a loss of one's original capital that one invested one can sell it.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref><br />
<br />
See [[Chol Hamoed]] for many details.<br />
<br />
==Using Zoom for the Seder==<br />
<br />
#Although a minority of rabbis allow using Zoom for this emergency situation in a very extenuating circumstance where an elderly single person is alone for the seder away from family because of the quarantines to use technology to leave a video conference going for Yom Tov to join with a family seder,<ref>[http://www.israelnationalnews.com/News/News.aspx/277764 Rabbi Eliyahu Abergel and other rabbis]</ref> most rabbis consider this to be a breach of halacha.<ref>Rav Asher Weiss (Teleconference March 22 2020 11am, min 39; teshuva in Minchat Asher Corona pp. 75-6), [http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-2-Mar-25-2020.pdf Rav Herschel Schachter (teshuva Adar 29 5780)], [https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 20-22)], [https://www.inn.co.il/News/News.aspx/432065 Rav Yosef Tzvi Rimon]. Rav Willig's held that it is absolutely forbidden and it is a tremendous zilzul Shabbat besides questions of others prohibitions of Shabbat.</ref> There is a discussion if the firstgroup of rabbis retracted.<ref>[https://vosizneias.com/2020/03/24/the-heter-for-zoom-at-the-seder-is-incorrect-and-should-be-retracted/ Rabbi Yair Hoffman] describes how 3 of the original signers of the lenient ruling would only permit under life and death needs and not in general. However, [https://www.jpost.com/israel-news/zoom-passover-seder-rabbis-hit-back-at-critics-622494 another article] describes how some of the original rabbis who were lenient confirmed their opinions.</ref><br />
#It is suggested to perform a pre-pesach zoom seder for people who you can't invite to your seder in order to share divrei torah, songs, and the experience of the seder before Yom Tov.<ref>[https://www.inn.co.il/News/News.aspx/432065 Rav Yosef Tzvi Rimon]</ref><br />
#For someone who is clinically depressed to the point that there is a concern of suicide or just losing one's mind it is permitted to use a phone to call him to cheer him up and check on him. However, if there's a way to check the patient before Pesach one should do so.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-2-Mar-25-2020.pdf Rav Herschel Schachter (teshuva Adar 29 5780)]. [https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Willig (min 24)] agrees that we violate Shabbat for someone who is suicidal but they can use the phone.</ref> A person should check with his rabbi in each case.<br />
#A person should recite Ha lachma anya this year as one would any other year, even though that phrase is a call for inviting guests and this year that is impossible.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951299/rabbi-hershel-schachter/piskei-corona-21-can-we-say-kol-dichfin-this-year-/ Rav Schachter (Piskei Corona #21)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
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==[[Sefirat Haomer]]==<br />
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#If someone couldn't get a hair cut because the barbers were all closed before Pesach, then if one reached the point when it very noticeably long and people would tell him to get a haircut he can take a haircut during [[Sefira]]. Today it can be estimated that if it has been more than 2 months since his last haircut he can take a haircut during the Sefira.<ref>https://www.yutorah.org/lectures/lecture.cfm/950659/rabbi-hershel-schachter/piskei-corona-16-haircuts-on-chol-hamoed-and-sefira/ Rav Schachter (Piskei Corona #16)</ref><br />
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==Mikveh==<br />
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#Each community rabbi needs to decide these sort of questions however in theory it is possible for the Mikva to remain open and allow women who aren't having symptoms or aren't quarantined to go to Mikva. They should be extra careful about hygiene and prepare completely at home, go to the Mikva where there is no contact with anyone besides a brief contact with the water which has chemicals for cleanliness. Then upon returning home there are poskim who allow the woman to take a shower when she gets home to clean herself off.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/950654/rabbi-hershel-schachter/piskei-corona-12-showering-after-the-mikvah/ Rav Hershel Schachter (Piskei Corona #12)], [https://www.torahanytime.com/#/lectures?v=105574 Rabbi Shay Tahan]. Rav Asher Weiss (March 29 2020) said it is obviously permitted to overlook the chumra of not showering when the woman returns from mikveh at these times.</ref><br />
# On Shabbat, if a woman goes to mikveh she can not take a hot shower when she gets back since turning on the hot water is causing cold water to enter the boiler and cook. Rather she should either decide to take a completely cold shower or delay the mikveh until Motzei Shabbat. She should also not decide not to take a shower at all because one shouldn't do something unsafe when there's an option to delay going to mikveh.<Ref>[https://www.yutorah.org/lectures/lecture.cfm/951538/rabbi-hershel-schachter/piskei-corona-26-showering-when-returning-home-from-the-hospital-or-the-mikvah-on-shabbos-or-yom-tov/ Rav Schachter (Piskei Corona #26)]</ref><br />
# On Yom Tov, according to those who are lenient to permit [[showering on Yom Tov]], when a woman returns from the mikveh should do so. Rav Schachter's opinion is that it is only permitted to take a shower on Yom Tov with water that is just hot enough to remove the chill from the water (less than lukewarm). If she decides she doesn't want to take such a shower, she should delay going to mikveh until after Yom Tov.<Ref>[https://www.yutorah.org/lectures/lecture.cfm/951538/rabbi-hershel-schachter/piskei-corona-26-showering-when-returning-home-from-the-hospital-or-the-mikvah-on-shabbos-or-yom-tov/ Rav Schachter (Piskei Corona #26)]</ref><br />
#The OU has established [https://www.ou.org/covid-19-and-the-mikvah-recommended-protocols/?utm_source=SilverpopMailing&utm_medium=email&utm_campaign=Mikvah%20Guidance%20(1)&utm_content=&spMailingID=32100310&spUserID=MTM2NTc0Mjg0NTYwS0&spJobID=1683098314&spReportId=MTY4MzA5ODMxNAS2 health guidelines] in order to allow a mikveh to remain open.<br />
#The RCBC also stated that Mikva's are remaining open for the time.<ref>[https://www.theyeshivaworld.com/news/featured/1839350/no-shul-yeshivas-shabbos-guests-levayos-shiva-vaad-harabanim-of-bergen-county-releases-letter.html RCBC letter on yeshivaworld.com]</ref><br />
#The men's mikveh's should be closed at this time. Even if a person is careful to go to mikveh each day he can fulfill this custom by taking a 5 minute shower.<ref>Rav Asher Weiss (Teleconference March 22 2020, min 12)</ref> See [[Preparations_for_Davening#Going_to_Mikveh]] for details.<br />
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==Tevilat Kelim==<br />
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#Each community should decide whether or not close the kli mikveh out of a safety concern. You can do the [[tevilat kelim]] in the ocean.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 5-9)], [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref><br />
#Alternatively, one can use tevilat kelim in the mikvah while wearing gloves, then throw out the gloves, wash off the kelim with soap and water. If the community has other procedures for safety one should observe them.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 5-9)], [https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 3-4)]</ref><br />
#As a last resort one can avoid tevilat kelim by giving the pots to a non-Jew and borrowing them back. One can rely on this until the virus passes.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 5-9)], [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]. [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal] said that one could rely upon this if there was no other option. [https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 14-16)] allows selling the kelim to a non-Jew. Rav Yosef Tzvi Rimon (teshuva dated Nisan 1 5780) recommended this.</ref> If one can't sell or gift the pots to a non-Jew oneself one can do so online through [https://nirshamti.co.il/e-%D7%98%D7%91%D7%99%D7%9C%D7%94/ Zomet].<br />
#Another option is for a person to declare the pots that need tevilat kelim to be ownerless (hefker) in front of 3 Jews. One has to have full intent that the pots are ownerless and if someone took them one would have no claim upon them. If these Jews can't be there in person it is sufficient if they are present through social media technology but they should be people who live in the neighborhood. They should then leave the pots outside their house for a few minutes so that if someone wanted to take them they could. <ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-1-Mar-24-2020.pdf Rav Hershel Schachter (Teshuva dated 28 Adar 5780 p. 1)], [https://itorah.com/daily-halacha/lecture/if-one-has-new-utensils-which-he-is-unable-to-immerse/3801 Rabbi Mansour]</ref> Others disagree.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 5-12)] said that one shouldn't use the solution to make the pots hefker since you're using the kelim. See Sefer Tevilat Kelim p. 84 based on Maharil Diskin. See S"A Harav 445:1 that hefker that isn't meaningful since you plan to reacquire it isn't a solution. However, Rav Elyashiv and Rav Soloveitchik allowed it in extenuating circumstances. Rav Asher Weiss (Minchat Asher Corona p. 72) writes that one should avoid using new pots and relying on this leniency to mafkir but in an extenuating circumstance one can rely on it.</ref><br />
#If there's are no solutions, some poskim would allow using the pots without tevilat kelim in this extenuating circumstance.<ref>Rav Asher Weiss (Teleconference, March 22 2020 11am), Rav Yosef Tzvi Rimon (Teshuva dated Nisan 1 5780)</ref><br />
#Regarding a seder plate and kos shel eliyahu requiring tevilah, see [[Tevilat Kelim]] page.<br />
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==[[Brit Milah]]==<br />
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#A Brit Milah can be done without a minyan since gatherings aren't safe.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
#A grandfather or someone else involved in a brit milah via zoom can recite the naming of the baby but he should not recite the bracha of asher kidash yadid mbeten.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951300/rabbi-hershel-schachter/piskei-corona-22-participating-in-a-simcha-via-zoom/ Rav Schachter (Piskei Corona #22)]</ref><br />
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==Naming a Girl==<br />
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#Although normally we try to name a baby girl at an aliya to the Torah, a person doesn't need a minyan in order to name a girl and under the circumstances should do so without delay.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Neventzal], [https://www.yutorah.org/lectures/lecture.cfm/950292/rabbi-hershel-schachter/piskei-corona-11-krias-shem-for-a-baby-girl/ Rav Schachter (Piskei Corona Teshuva #11)], [https://vimeo.com/399141271 Rabbi Moshe Heinemann] at about 16:45</ref><br />
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==Bar Mitzvah's==<br />
<br />
#[https://www.torahanytime.com/#/lectures?v=105558 A message for Bar Mitzvah Boys in the Lockdown by Rabbi Pesach Krohn]<br />
#A bar mitzvah boy who missed the opportunity to read his parsha in shul when he became bar mitzvah'ed when it is next possible to go to shul he can add his parsha as a hosafa and read it then. Additionally, the haftorah can follow that hosafa.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards end)]</ref><br />
#The father of a Bar Mitzvah boy who couldn't layn should wait until he can do something that shows he's Bar Mitzvah like layn or daven as Shaliach Tzibbur to make such a bracha.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
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==Weddings==<br />
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#Ideally a wedding shouldn't be pushed off if both parties are ready even though it means having a tiny wedding.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal], [https://www.kimizion.org/maamar/5780_5784/keter.pdf (Keter Yitanu Lecha p. 38)]</ref><br />
#A rabbi should not officiate at a wedding that isn't abiding by the CDC guidelines of health because he is furthering unsafe practices.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards beginning)]</ref><br />
#It has been asked whether or not the poskim are more lenient this year regarding weddings during [[Sefira]] but the answer is that it is not determined because the situation is still unclear.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref> Some are lenient but it is best to schedule for [[Rosh Chodesh]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref><br />
#If in this dire situation it isn't possible to have a minyan, it is possible to have a wedding nonetheless without [[Sheva Brachot]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/951180/rabbi-hershel-schachter/piskei-corona-18-getting-married-with-less-than-10-men-present/ Rav Schachter (Piskei Corona #18)] explained that although it isn't possible to recite Sheva Brachot and seemingly they forbid the couple to each other without Sheva Brachot in this extenuating circumstance one can rely upon the opinion that the wedding is valid and they are permitted even without Sheva Brachot (see Nodeh Beyehuda EH 1:56). For birkat erusin certainly having a minyan isn't critical (Shulchan Aruch E.H. 34:4) although it is preferable and in this circumstance unnecessary. From Bet Shmuel 64:4 it appears to be a dispute between the Shulchan Aruch and Rama whether one is allowed to have a wedding at all if it is extremely difficult to get a minyan, the Rama being lenient. </ref><br />
#A minyan for [[sheva brachot]] can not be created via Zoom. Additionally, one can't recite a bracha of sheva brachot for the couple via Zoom.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951300/rabbi-hershel-schachter/piskei-corona-22-participating-in-a-simcha-via-zoom/ Rav Schachter (Piskei Corona #22)]</ref><br />
<br />
==[[Fast Days]]==<br />
<br />
#If the rabbis declare a half fast day until [[Chatzot]] according to Ashkenazim an individual can recite [[Anenu]] in Mincha Shemona Esrei<ref>Rama 562:1 writes that Ashkenazim hold that even for an incomplete fast one can recite anenu. Mishna Brurhah 562:48 references this Rama in discussing a fast that was accepted to fast until chatzot. The Mishna Brurah 562:7 cites a debate as to whether one should omit the words צום תעניתנו while reciting עננו in such a scenario as many poskim argue that a half fast is not considered a fast and therefore one would not want to risk speak falsely, particularly when he is speaking to Hashem.<br />
<br />
*[https://www.theyeshivaworld.com/news/israel-news/1841977/hagaon-harav-chaim-kanievsky-calls-to-fast-for-half-a-day-on-erev-rosh-chodesh.html Rav Chaim Kanievsky] declared a half fast on Erev Rosh Chodesh Nissan 5780.</ref> assuming he is still fasting when he prays Mincha.<ref>Mishna Brurah 562:6</ref> According to Sephardim one can only recite anenu if one fasts the entire day.<ref>Shulchan Aruch 562:10-11 holds that a incomplete fast is not considered a fast with respect to saying anenu. Therefore if one only fasts until chatzot one should not recite anenu.</ref><br />
#A person should accept the fast from the day before, as is traditionally done at mincha time. If one didn't do so, according to Sephardim one shouldn't recite anenu, but according to Ashkenazim one can recite anenu.<ref>Shulchan Aruch and Rama 562:5</ref><br />
<br />
==Mezuzah==<br />
<br />
#A person should not kiss any mezuzah, or any siddur or chumash of a shul or a public area at this time because of concern of spreading COVID19.<ref>[https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)], [https://www.jpost.com/israel-news/chief-rabbi-of-israel-due-to-coronavirus-stop-kissing-the-mezuzah-619753 Chief Rabbi Rabbi David Lau]</ref><br />
<br />
==Shalom Bayit==<br />
<br />
#It is critical to be mindful of other people when everyone is under stress and no one is completely comfortable. [https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Dr. Pelcovitz] discusses the implications quarantine can have Shalom Bayit.<br />
#It is forbidden for a couple to have [[tashmish]] at a night of famine<ref>Gemara Tanit 11a, Shulchan Aruch O.C. 240:12</ref> since everyone is in distress it is incumbent on everyone to take upon himself an aspect of distress.<ref>Mishna Brurah 574:9</ref> The same is true for any time of societal distresses.<ref>Rama 240:12 based on Yerushalmi Tanit. Olot Tamid 240:6 (cited by Kaf Hachaim 240:85) understands the Rama to apply to any type of tragedy that we would declare a fast over.</ref> Others disagree.<ref>Shaarei Knesset Hagedola (Hagahot Tur 240:5) writes that tashmish is only forbidden during a famine, plague of the crops, locusts and the like which cause a famine but not for other tragedies or troubles. Kaf Hachaim 240:85 rules like the Shaarei Knesset Hagedola either because that is the explanation of the Yerushalmi or we don't follow the Yerushalmi.</ref><br />
#It is permitted to have tashmish on mikvah night.<ref>Shulchan Aruch O.C. 574:11 writes that it is permitted for a couple to have tashish on mikva night. Mishna Brurah 574:11 cites the Magen Avraham who argues with Shulchan Aruch but then he cites the Bigdei Yesha and Nahar Shalom who are lenient and there's what to rely on to follow Shulchan Aruch. Mishna Brurah concludes that certainly one can be lenient at a time when it isn't a famine and it is just another time of distress in the world.</ref><br />
#It is permitted to have tashmish for a couple who didn't yet fulfill [[pru urevu]].<ref>Shulchan Aruch O.C. 240:12, 574:4, Mishna Brurah 240:47</ref> Once his wife is pregnant this leniency doesn't apply.<ref>Mishna Brurah 574:12</ref><br />
#If he has a strong yetzer hara and there is a concern of [[hashchatat zera]] it is permitted.<ref>Mishna Brurah 240:46</ref><br />
#There is what to rely upon to have tashmish at a time of war and there is no midat chasidut to be strict, especially for young couples even for someone who fulfilled pru urevu.<ref>Tzitz Eliezer 13:21</ref><br />
#During the time then the plague of corona virus is rampant in the world there is a lot to rely upon to have tashmish. Someone who wants to be strict can do so.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949166/rabbi-ally-ehrman/is-tashmish-hamitta-permitted-during-the-coronavirus-pandemic-/ Rabbi Ehrman on yutorah]. Rav Asher Weiss (Zoom Conference, March 22 2020, 11am, min 15) was lenient he said that the situation presently isn't one that rises to the level where we need to declare a fast. Also, since domestic violence recently has been on the rise because of the quarantines one shouldn't be strict in this area. </ref><br />
<br />
==Laid off Workers Because of Corona==<br />
<br />
#If there's a employee that is unable to work because of a societal or national crisis the employees should continue to be paid by the employers according to many opinions or at least they should make a compromise.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949287/rabbi-michoel-zylberman/coronavirus-and-laid-off-employees/ Rabbi Zylberman on yutorah]. Mordechai b"m 343 writes that if there's a decree in the town that the teachers can't teach the teachers should still be paid. Rama C.M. 321:1 cites this Mordechai and applies it to any worker in 334:1. The Sama 334:2 argues with the Mordechai and holds that since the employee can't work and both aren't at fault and both couldn't foresee this the employer is exempt. Netivot 334:1 limits the idea of the Mordechai to a teacher and not other employers since a teacher is paid for sachar betela (see [[Laws_of_Learning_Torah#Taking_Money_for_Learning_and_Teaching_Torah]]). Shach 334 holds that this opinion of the Mordechai only applies if majority of the town ran away because of a crisis but if only a minority runs away then the employee isn't entitled to payment. Aruch Hashulchan 334:10 has another approach. If the situation prevents the worker from working then he is entitled to pay but if he runs away then he isn't. Rabbi Zylberman explained from Mishpat Poalim we think that this is a case of Hamotzei Mchavero Alav Harayah, whoever is holding onto the money can claim that he is exempt from paying or returning the money. Rav Asher Weiss in Minchat Asher 2:106 says that they should make a compromise, and Rav Bleich ([https://www.sefaria.org/Contemporary_Halakhic_Problems%2C_Vol_IV%2C_Chapter_XIV_The_Intifada_and_the_Gulf_War.35?lang=bi&with=all&lang2=en Contemporary Halachic Problems v. 4]) thinks that we follow the Rama. Once the Chatom Sofer had a case in his town and he felt that they should pay but he couldn't force everyone to pay it so he told them to pay half. Rav Yona Reiss had a case where they made a compromise. <br />
<br />
*Rav Asher Weiss (Zoom Conference, March 22 2020, 11am, min 21-25) thought that one should compromise and give the workers who aren't working 30% of their pay. This applies Jewish and non-Jewish workers. This is based on the Rama and Sama CM 221. As for the day schools and daycares that are closed and not providing services one theoretically should be exempt. Since it might be devastating to the schools one needs to wait until the government makes a decision. Either way, we should wait until there is a major decision from the government or authorities and follow that. Until then for the schools we should pay so that the teachers can have a salary for their [[parnasa]].</ref><br />
#This applies to contractors for cancelled events as well.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949287/rabbi-michoel-zylberman/coronavirus-and-laid-off-employees/ Rabbi Zylberman on yutorah]</ref><br />
#If someone rented out an apartment to someone and then he wants to retract because of a concern that the potential tenants have the virus, some say that it is forbidden to back out of the contract.<ref>[http://kol-barama.co.il/item/%D7%A4%D7%99%D7%A7%D7%95%D7%97-%D7%A0%D7%A4%D7%A9-%D7%A7%D7%95%D7%A8%D7%95%D7%A0%D7%94-%D7%A2%D7%A4%D7%99-%D7%94%D7%94%D7%9C%D7%9B%D7%94/ Rav Yakov Sinai] based on Rama in teshuva, Shach CM 312 and other sources</ref><br />
<br />
==[[Bikur Cholim]]==<br />
<br />
#A person doesn't have to and shouldn't visit someone who has a virus that contagious such as corona.<ref>[http://kol-barama.co.il/item/%D7%A4%D7%99%D7%A7%D7%95%D7%97-%D7%A0%D7%A4%D7%A9-%D7%A7%D7%95%D7%A8%D7%95%D7%A0%D7%94-%D7%A2%D7%A4%D7%99-%D7%94%D7%94%D7%9C%D7%9B%D7%94/ Rav Yakov Sinai (min 3)] explains that although the Rama in a teshuva and Knesset Hagedola hold that one should visit the sick even if they have a contagious disease, the Shulchan Gavoha and others disagree and that is the halacha.</ref><br />
#A person fulfills the mitzvah of bikur cholim on the phone according to many poskim.<ref>[https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Shlomo Aviner (Keter Yitnu Lecha p. 34)] citing Igrot Moshe YD 1:223 and Tzitz Eliezer 8:5. Rav Aviner added that the main idea of bikur cholim is to do what is best for the patient and in our context that is to call.</ref><br />
# Someone who is praying for a mortally ill patient to get better and doesn't know if he is still alive should pray for his well-being and not specifically for him to get better.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951537/rabbi-hershel-schachter/piskei-corona-25-davening-for-the-sick/ Rav Schachter (Piskei Corona #25)]</ref><br />
<br />
==Burial and Mourning==<br />
===Burial===<br />
#Each place should follow the guidelines that are in place for safety. If a minyan isn't possible, then the next thing that is to try to have is Jews doing the burial. If they don't even let that, then afterwards a Jew should check that the burial by the non-Jews was done properly in the ground.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 26-8)]. [https://www.yutorah.org/sidebar/lecture.cfm/951298/rabbi-hershel-schachter/piskei-corona-20-tahara-for-meisim/ Rav Schachter (Piskei Corona #20)] said that they should specifically have as few people as possible for the burial and maybe just the workers and that too fulfills the mitzvah of burial.</ref> It is forbidden to cremate and it is still considered not dangerous to properly do a burial with no tahara and minimal involvement of the fewest people or simply the cemetery workers.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951298/rabbi-hershel-schachter/piskei-corona-20-tahara-for-meisim/ Rav Schachter (Piskei Corona #20)]</ref><br />
#At this time the chevra kadisha should not perform a tahara for the deceased since it could lead to danger.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951298/rabbi-hershel-schachter/piskei-corona-20-tahara-for-meisim/ Rav Schachter (Piskei Corona #20)]</ref><br />
# A person who was buried in America because of the corona virus but was planned to be buried in Israel can later when the virus isn't an issue be reburied in Israel, even though generally we don't rebury someone who was buried.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)]</ref> See the topic of [[Laws_and_Customs_of_a_Funeral#Under_What_Circumstances_is_it_Permitted_to_Move_Someone_Buried.3F|reburying a corpse]] in general.<br />
<br />
===Kriyah===<br />
#The rabbi could do the [[Kriyah]] for the mourner with gloves and a mask or he can simply tell the mourner to do it.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Willig (min 29)]</ref><br />
===Avelut===<br />
# A person who is no going to be involved in the burial anymore because the deceased was given to the chevra kaddisha then he is not considered an [[Onen]] anymore and should begin [[Avelut]] (mourning). However, if he is going to call relatives to tell them about the levaya then he is still an [[Onen]].<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)]</ref>. If he is going to watch the burial with Zoom or listen on the phone it is unclear if he is still an Onen.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)] isn't certain if a person involved in the burial merely because he is watching via Zoom is still considered an Onen. [https://www.yutorah.org/sidebar/lecture.cfm/839779/rabbi-asher-bush/%d7%94%d7%aa%d7%97%d7%9c%d7%aa-%d7%90%d7%91%d7%99%d7%9c%d7%95%d7%aa-%d7%9c%d7%9e%d7%99-%d7%a9%d7%90%d7%99%d7%a0%d7%95-%d7%a0%d7%9e%d7%a6%d7%90-%d7%91%d7%a7%d7%91%d7%95%d7%a8%d7%aa-%d7%90%d7%91%d7%99%d7%95-%d7%95%d7%9e%d7%a9%d7%aa%d7%aa%d7%a3-%d7%a2-%d7%99-%d7%94%d7%98%d7%9c%d7%a4%d7%95%d7%9f/ Rav Asher Bush] wrote based on MPeninei Harav p. 202 that he considers someone phoning into a burial to not be an Onen unless they're going to ask him questions about the burial.</ref><br />
# On [[Erev Pesach]] if someone is buried before [[Chatzot]] (midday) the relatives should observe [[Avelut]] (mourning) before Chatzot and then at Chatzot it is considered like a Yom Tov and the rest of the [[Shiva]] is cancelled. If the person is buried after [[Chatzot]] they should observe Avelut before Yom Tov and then the Yom Tov will come and cancel the rest of [[Shiva]].<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)]</ref><br />
# A mourner shouldn't eat his first meal after the burial, the [[Seudat Havrah]], from his own food; other should provide that food. If at this time when people are concerned for COVID19 and might not send food, if the mourner knows that he isn't going to be sent food, he can eat the first meal from his own food.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)]</ref><br />
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===Kaddish and Iyluy Neshama===<br />
# Under the circumstances a person can not recite the kaddish because minyanim aren't available. Therefore, a person should take upon himself to learn mishnayot for the deceased.<Ref>Rav Asher Weiss (Minchat Asher Corona pp. 58-9)</ref><br />
See [[Practices_in_the_Mourner%27s_House#Iyluy_Neshama]] and [[Kaddish]] pages.<br />
<br />
==[[Kibbud Av Vem]]==<br />
<br />
#If one's parents ask him to do something which the department of health has deemed unsafe a person should not listen to his parents in such a case and that isn't a breach of Kibbud Av Vem.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-2-Mar-25-2020.pdf Rav Schachter (Teshuva Adar 29 5780)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
<br />
==Violating Shabbat for [[Pikuach Nefesh]]==<br />
'''On Shabbat or Yom Tov, if anyone has any concern whatsoever that they are in serious danger because of deteriorating health, they should immediately call a doctor or [[Going_to_and_Staying_in_the_Hospital_on_Shabbat|go to the hospital]].'''<br />
#It is a well established halacha that it is not only permitted but even a mitzvah to violate [[Shabbat]] in order to safe a life or to remove a situation that presents even a slight chance of danger.<ref>Shulchan Aruch O.C. 328:13</ref> The question is how to define the threshold of danger.<ref>[http://nleresources.com/2020/03/rav-asher-weiss-coronavirus-in-halacha/#.XnoNOIjYrIU Rav Asher Weiss (March 15 2020, min 18-22) to Beit Midrash Gavoha] explained that the definition of danger in order to violate Shabbat isn't defined by statistics. For vaccinations we assume that it is a sakana not to vaccinate even though the odds of dying because of the measles is low. Since it is preventable it is incumbent upon us to vaccinate. He concludes that as long as it is a natural phenomenon and there is an action that we can do to prevent deaths we must do so.</ref><br />
#In certain cases of emergency regarding corona virus it would be allowed to violate Shabbat.<ref>[https://www.theyeshivaworld.com/news/headlines-breaking-stories/1841156/harav-zilberstein-answer-telephone-on-shabbos-if-awaiting-results-of-coronavirus-test.html Rav Zilberstein] allowed a patient to answer the phone on Shabbat with a [[shinuy]] only to hear the results of a test and answer questions for epidemiological investigation. If the test results that show that a patient has the virus are produced on Shabbat it is incumbent for the health department to deal with the quarantine then and it is permitted to answer the phone for that.</ref> Obviously every single case is different and one should learn the laws of Pikuach Nefesh from a rabbi in advance.<br />
#If a person is discharged from the hospital on Shabbat and they need him to leave because of the lack of space that they have because of the numbers of people who are ill, his family member can drive to get him. They should do a [[Shinuy]] when turning on the car like turning the key with one's weaker hand, or pressing the button on the key with one's knuckle. Also, when turning off the car one should use a Shinuy.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950282/rabbi-hershel-schachter/piskei-corona-6-pikuach-nefesh-on-shabbos/ Rav Schachter (Piskei Corona #6)]</ref><br />
# If a relative is in the hospital and the family members would call the hospital that would indicate to the doctors and nurses that the family cares and the patient will receive better treatment, it is permissible to do so on Shabbat or Yom Tov.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951791/rabbi-hershel-schachter/piskei-corona-29-calling-the-hospital-on-shabbos-or-yom-tov-to-advocate-for-relatives/ Rav Schachter (Piskei Corona #29)]</ref><br />
<br />
==Doctors Working in the Hospital==<br />
#Regarding the larger issue of halachic triage see [https://www.yutorah.org/lectures/lecture.cfm/951531/rabbi-hershel-schachter/piskei-corona-15-triage-in-medical-decisions-updated-/ Rav Schachter (Piskei Corona #15 Updated)]. Here is a relevant [https://docs.google.com/document/d/1CtQ_XHzQarzg_0PEQODCO1ATKlM_cEmvPsXa8kdpgJA/edit sourcesheet on Halachic Triage]. [https://aiayk.org/pesachaudio/ Rav Asher Weiss (Teleconference April 6 2020, min 5-15)] discusses triage in halacha and what doctors should do.<ref>Rav Asher feels that there are only two factors that we consider for halachic triage: give precedence to someone who is in immediate danger, and give treatment to whoever has a better chance for survival. Age or spiritual need for the community are not factors for precedence. <br />
* Rav Asher says that for choleh shebifanenu the knowledge that another choleh is going to come in soon is considered pikuach nefesh if will with certainty be helpful. Therefore, if an older patient comes into the hospital but they know a younger patient is going to come in, they can consider them as though they came in together and treat according to who is in immediate danger and who has the better chance to live. Rav Schachter felt the same way in his teshuva.<br />
* If a hospital has a certain regulation, does he need to disregard the hospital protocols? Rav Asher Weiss felt that the doctors should not disregard hospital protocol, for multiple reasons but partly because if he doesn't he'll lose his license and having more able doctors at this time is pikuach nefesh.<br />
* Pulling a patient off a ventilator because someone entered the hospital who has a better chance of living, Rav Asher (min 27) felt is forbidden. Rather the doctor should say that he feels uncomfortable to do this and should let another doctor do it. Rav Schachter felt that one should try to convince the older patient to sign a DNR at that point in order to save the younger patient. </ref><br />
# A doctor may and is encouraged to perform a life saving procedure if he is wearing the correct protective gear.<ref>[https://aiayk.org/pesachaudio/ Rav Asher Weiss (Aguda Teleconference, April 6, 2020, min 18-22)] explains that you can’t put yourself in danger. However, you can if you’re saving someone from an immediate danger and you’re putting yourself in minimal danger then it is a middat chasidut to do so. Therefore, a doctor should do mechanical ventilation CPR on a COVID19 patient if he has the correct protective gear.<br />
* Rav Asher (min 33) allowed sharing ventilators when the doctors see fit in order to save another life because moving a patient from a single ventilator to a shared ventilator isn't considered doche nefesh mipnei nefesh since it isn't proven to be dangerous to use a shared ventilator. He also cited the Chazon Ish regarding turning the arrow to the side killing fewer people to save more people.<br />
* Rav Asher (min 38) said that a doctor who isn't in that particular field or is retired or has vacation doesn't have to volunteer but his doing so would be a middat chasidut. However, if he is endangering himself such as if he's over 70, he is immune compromised, or has a family member who is, then he shouldn't volunteer.</ref><br />
# A doctor returning from the hospital on Shabbat and needs to shower for health reasons so as not to catch the corona virus on his body or clothing, may do so. If he can manage with a cold shower, he should do so. If he can't, he may turn on the hot water with a [[shinuy]].<Ref>[https://www.yutorah.org/lectures/lecture.cfm/951538/rabbi-hershel-schachter/piskei-corona-26-showering-when-returning-home-from-the-hospital-or-the-mikvah-on-shabbos-or-yom-tov/ Rav Schachter (Piskei Corona #26)]. See there for how he distinguishes this from the woman returning from the mikveh on Shabbat.</ref><br />
<br />
==[[Mesira]] and Rodef==<br />
<br />
#If your doctor actually ascertains that there is a sakanat nefashot, mortal danger, involved with a certain large gathering that someone is doing then it is permitted to tell the authorities. However, otherwise it is forbidden because of informing upon another Jew ([[mesira]]). This can be a very difficult measure to actually properly assess.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Willig (min 41)]</ref><br />
#Some hold that if a person is supopsed to be in quarentine and they are not they are considered a rodef. However, obviously one should first speak to him and convince him to do what is safe.<ref>[https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 36)] citing Rav Zilberstein</ref><br />
<br />
==Links==<br />
<br />
*[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal Q&A about Corona]<br />
*[https://rabbidunner.com/coronavirus-qa-with-rav-hershel-schachter/ Transcription of Q&A with Rav Schachter by Rabbi Dunner]<br />
*[https://www.theyeshivaworld.com/news/featured/1839350/no-shul-yeshivas-shabbos-guests-levayos-shiva-vaad-harabanim-of-bergen-county-releases-letter.html RCBC letter calling for the closing of Shuls and Schools]<br />
*[http://www.torahweb.org/ TorahWeb] hosts many resources for Corona halacha including Rav Schachter's Teshuvot<br />
*[http://www.kolcorona.com/ KolCorona.com] a Torah resource, initiated by Rabbi Reuven Taragin, for those affected by Corona<br />
<br />
==Sources==<br />
<references /><br />
[[Category:Orach Chaim]]</div>YitzchakSultanhttps://halachipedia.com/index.php?title=Bedikat_Chametz&diff=25524Bedikat Chametz2020-04-08T03:30:40Z<p>YitzchakSultan: /* Candle */</p>
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<div>[[Image:Bedikat-chametz.jpg|250px|right]]<br />
==Texts for Bedikat Chametz==<br />
<br />
===Bracha ===<br />
# Before the Bedika one should make the Bracha of Asher Kidishanu BeMitzvotav VeTzivanu Al [[Biur Chametz]]. <Ref>Tur and S”A 432:1, Kitzur S"A 111:7. Mishna Brurah 432:3 and Chazon Ovadia Part 1 page 44 explain that we don't recite al bedikat chametz because the search is only for the purpose of the destruction. </ref> If one accidentally made the Bracha of Al [[Bitul Chametz]] after the fact one has fulfilled the obligation. <ref>Mishna Brurah 432:3 </ref> One has also fulfilled his obligation if he recites "livaer chametz." <ref> Chazon Ovadia [[Pesach]] 5763 Part 1 page 44. See Rosh (Pesachim 1:10) as to why the bracha is with "Al Biur" and not "Leva'er". </ref><br />
# One may not speak between the Bracha and beginning the Bedika, and if one did make an interruption not related to the Bedika one must make another Bracha. <Ref>S”A 432:1, Mishna Brurah 432:5 </ref><br />
# After one began it’s preferable not to speak until one completes the Bedika, however it’s permissible to speak even in matters not related to Bedika. <Ref>S”A 432:1, Mishna Brurah 432:6 </ref><br />
# If one didn’t make the Bracha before beginning Bedika one can make it as long as one hasn’t finished Bedika. Nonetheless, if one has finished the Bedika, one should make it without [[Shem UMalchut]] in the morning before burning the Chametz and some say that one may make it then with [[Shem UMalchut]]. <Ref>Mishna Brurah 432:4 </ref><br />
# One may make the Bracha on the Bedika with many people listening and then split up for each person to check an area in the house. <Ref>S”A 432:2 </ref>If someone didn’t hear the Bracha and it’s difficult to finish the Bedika without that person’s help, he may help without making a Bracha. <Ref>Mishna Brurah 432:11 </ref><br />
# If one is checking two houses one may should make only one Bracha and do Bedika on both. <Ref>S”A 432:2 writes that with one Bracha one can perform Bedika in many houses. Mishna Brurah 432:7 quotes a dispute whether one should make another Bracha once one moved from one courtyard to another courtyard. Halichot Shlomo 5:13 rules that one should make one Bracha for Bedika in two houses even if they are in different courtyards. </ref><br />
# There’s no [[Shehecheyanu]] on the Bedika. <Ref>Bear Hetiev says it’s includes in [[Shehecheyanu]] of [[Yom Tov]], Pri Megadim M”Z 431:2 says it’s not a mitzvah of Simcha, Meiri says there’s no [[Shehecheyanu]] on Bedika which is just done to prevent you from a prohibition. </ref><br />
# Some say that one should wash one’s hands before performing Bedika. <Ref>Mishna Brurah 432:2 </ref><br />
<br />
===Bitul===<br />
# After the Bedika one should recite the following form of [[bitul chametz]]: "כל חמירא וחמיעא דאיכא ברשותי, דלא חזיתיה ודלא בערתיה, לבטיל ולהוי הפקר כעפרא דארעא" meaning "All chametz or leaven in my possession that I have not seen, and have not destroyed, shall be nullified and become ownerless, like the dust of the earth."<ref>Shulchan Aruch 434:2, Mishna Brurah 434:8</ref> For more information, see the [[Bitul Chametz]] page.<br />
<br />
==When==<br />
# One should perform bedikat chametz in the beginning of the night on the fourteenth of Nisan. <ref>Shulchan Arukh 431:1. Mishna Brurah (431:1) writes that according to the Shulchan Arukh one should check after tzeit ha-kochavim. The Gr”a (431:1) cites the opinion of the Ra’avad who says that one should begin while there is still light outside. See Maaseh Rav (#178) who says that the Gra would begin Bedika slightly before [[Tzet HaKochavim]]. Nonetheless, Rabbi Eliyahu Spira in Eliyah Rabbah (431:5) explains that even the Gr”a agrees that one shouldn’t begin until tzeit ha-kochavim, however, at that time there still is a little bit of light outside.</ref><br />
# If one usually follows רבינו תם, some say that one should make sure to start the Bedika after [[Tzet HaKochavim]] of רבינו תם. <Ref>Halichot Shlomo (vol 1, 5:10). Haggadah of the Roshei Yeshivah (pg 13) records Rav Moshe's minhag to start the Bedika 50 minutes after sundown which according to many opinions is [[Tzet HaCochavim]] of Rabbenu Tam. </ref> and some say that one should begin before [[Tzet HaKochavim]] of רבינו תם at the time of accepted [[Tzet HaKochavim]] (while it’s still slightly light outside). <Ref>Moadim UZmanim (Vol 4 Siman 286 pg 46), Piskei Teshuvot 431:3 </ref><br />
# If one is praying with a [[minyan]] one should pray first and then perform Bedika. However, if one is praying at home, preferably one should appoint someone else to do Bedika while one prays, otherwise, pray first, unless one usually prays at home in which case some say one should check first and some say one should pray first.<Ref>Mishna Brurah 431:8</ref> Some recommend for a person davening at home that they should daven maariv at the ideal time, which is Tzet Hakochavim, and then starting the bedika.<ref>[https://www.torahanytime.com/#/lectures?v=106099 Rav Shmuel Fuerst (min 1-5)]</ref><br />
# If one is going to come home after [[Tzet HaKochavim]] one should appoint someone as an agent (Shaliach) so that it can be done at the proper time. However, if the man is working at night and wants to fulfill the mitzvah himself, he may appoint his wife to do Bedika (with a Bracha) on the whole house except for one room and then do Bedika (with a Bracha) in that room when he returns. <Ref>Sh”t Teshuvot VeHanhagot 2:114. Listen to “Bedikas Chametz part 1” (min 3:30) by Rabbi Aryeh Lebowitz who asks on this. For possible resolution of this question see Mishna Brurah 431:8. </ref><br />
<br />
==What==<br />
# Some poskim say that one must search even for crumbs of Chametz and remove them.<Ref> Chazon Ish 116:18 writes that you need to section off chametz crumbs like chametz of a non-Jew (Pesachim 6a). See regarding checking sefarim that the Chazon Ish checked his sefarim for crumbs. See, however, Gemara Pesachim 6b that implies that crumbs aren't significant and don't need bedika. Maharam Chalavah 6b s.v. may maintains that one doesn't need to destroy a crumb less than a kezayit except for dough pieces which could combine into a kezayit. This also seems evident from Piskei Rid 6b and Rosh Pesachim 1:9. Magen Avraham 432:5 also implies that crumbs don't need bedika.</ref>However, most poskim say that there's no obligation to check for crumbs of chametz, but the places where one will have kosher for [[pesach]] food must be cleaned of all crumbs of chametz so that not even a crumb gets into the food which will be eaten on [[Pesach]].<Ref> Pesachim 6b implies that crumbs are unimportant and don't need to be checked for. [http://ph.yhb.org.il/category/%D7%A4%D7%A1%D7%97/04-%D7%91%D7%93%D7%99%D7%A7%D7%AA-%D7%97%D7%9E%D7%A5/ Rabbi Eliezer Melamed in Peninei Halacha] says that the halacha is that one doesn't have to check for crumbs of chametz but in the areas where one will have kosher [[pesach]] food one must remove all crumbs of chametz. He brings the Shaar HaTziyun 442:60 as his proof. Halichot Shlomo ch. 5 fnt. 10 agrees.</ref><br />
# Chametz that is buried in the cracks in the floor or between the back of a cabinet and the wall and people can’t reach one doesn’t have to do Bedika there. <Ref>Piskei Teshuvot 433:4 </ref><br />
<br />
==Cleaning the House Beforehand==<br />
# One should sweep (or vacuum) the house before the bedika in order to clean it well.<ref>Mordechai (Pesachim 1:536) writes that one should sweep the house before the bedika because without sweeping you can’t check well. Also, he says you need to check besides sweeping because some chametz might get stuck in a hole. This is quoted by the Bet Yosef 433:11 and Darkei Moshe 433:5 and is codified by the Rama 433:11 and Kaf HaChaim 433:84.</ref><br />
# The minhag is to clean the house well and remove all the chametz from around the house before the bedika, and then do a cursory check of the house without checking every crack or crevice.<ref>Mishna Brurah 433:46, Kaf HaChaim 433:85, [https://www.torahanytime.com/#/lectures?v=106099 Rav Shmuel Fuerst (min 1-5)]</ref> The same applies if the house was cleaned and washed well by non-Jews.<ref>Kaf HaChaim 433:86</ref><br />
# In rooms that you eat chametz you should check under the beds and cabinets, however, in rooms that you don’t eat chametz it is sufficient to sweep under the beds and cabinets without checking there carefully.<ref>Kaf HaChaim 433:24</ref><br />
<br />
==Who==<br />
# One who is sick must appoint a שליח to do Bedika in his place. <ref>Halichot Shlomo (vol 1, 5:8) </ref><br />
# One who is an [[Onen]], one who is in the first day of [[mourning]], must appoint a שליח to do Bedika in his place. <ref> Halichot Shlomo (vol 1, 5:8) </ref><br />
==Leaving for Pesach==<br />
# If a person leaves one’s house more than 30 days before [[Pesach]] and doesn’t plan to return for [[Pesach]] one doesn’t have to do Bedika but rather just do Bitul when the times comes wherever one is. <Ref>S”A 436:1 </ref><br />
# If a person leaves one’s house within 30 days of [[Pesach]] and doesn’t plan to return for [[Pesach]] one must do Bedika with a candle the night before one leaves and then do [[Bitul Chametz]] afterwards, however the Bedika is done without a Bracha. <Ref> S”A 436:1 </ref><br />
## Since one is not going to be home for [[Pesach]] it’s sufficient to do a proper Bedika according to the law by just looking for the Chametz (though not just a superficial look) and one doesn’t have to drive oneself crazy like one does every year. <Ref> Rav Schachter on [https://oukosher.org/passover/webcast/pre-pesach/ou-kosher-pre-pesach-webcast-5771-2011/ OU Pre-Pesach Webcast 5771] between minutes 2:30 and 5 </ref><br />
# However if possible it’s preferable to appoint a שליח to do Beidika for oneself at the proper time. <Ref> Mishna Brurah 436:1 </ref> Some say that it’s better to do it oneself before going rather than have a non-family member (such as a neighbor) do it for oneself. <Ref>Piskei Teshuvot 436:1 </ref><br />
# If one plans on returning before [[Pesach]] if there’s a fear one will return on Erev [[Pesach]] without time for Bedika one should do it before going, otherwise do it when one returns. <Ref>Mishna Brurah 436:9 </ref><br />
<br />
==Where?==<br />
# One only has to check in area where one would have brought Chametz. <Ref>S”A 431:1, Mishna Brurah 431:4 </ref><br />
# If one has small children one must do Bedika in all rooms in the house because one doesn’t know where Chametz was brought. <Ref> Rav Schachter on [https://oukosher.org/passover/webcast/pre-pesach/ou-kosher-pre-pesach-webcast-5771-2011/ OU Pre-Pesach Webcast 5771] between minutes 6 and 7 </ref><br />
# One should do Bedika on the area where one plans to eat after the Bedika for that night and the next morning and then one should check that area again in the morning. <Ref>Halichot Shlomo (vol 1, 5:2) </ref><br />
# In an apartment building one person should check the stairwell, closets, etc. for everyone after having made a Bracha for Bedika in his own house (without making interruptions that aren’t relevant to the Bedika). <Ref>Piskei Teshuvot 433:3 </ref><br />
# The minhag is not to do Bedika in the areas where one stores Chametz and is going to sell to a goy for [[Pesach]]. <Ref>Mishna Brurah 436:32 quotes those who obligate a Bedika and those who exempt and so it’s preferable to sell it on the 13th. However, Halichot Shlomo (vol 1, 5:3) writes that the accepted minhag is not to do Bedika in those areas and only have it sold afterwards. </ref><br />
# If one's porch is roofed and fenced in, it is considered like any other room that needs to be checked with a bracha. <ref>Nitei Gavriel ([[Pesach]] v. 1, p. 112)</ref><br />
<br />
===Renting one's house to a non-Jew===<br />
# If one is renting out one’s house and the Chametz in it to a non-Jew for [[Pesach]] one will have exempted oneself from Bedika but it’s not proper to do so, rather it’s correct to rent one’s house except for one room and do Bedika without a Bracha in that room before one leaves for [[Pesach]]. <Ref> Rav Schachter on [https://oukosher.org/passover/webcast/pre-pesach/ou-kosher-pre-pesach-webcast-5771-2011/ OU Pre-Pesach Webcast 5771] between minutes 2:30 and 5 </ref><br />
## The room which one leaves not rented in order to Bedika should be a room which one usually brings Chametz otherwise there’ll be no obligation of Bedika and one will have accomplished nothing by leaving that room not rented. <Ref> Rav Yisrael Belsky on [https://oukosher.org/passover/webcast/pre-pesach/ou-kosher-pre-pesach-webcast-5771-2011/ OU Pre-Pesach Webcast 5771] between minutes 10:30 and 11:30 </ref><br />
<br />
===Renters===<br />
# If the owner/landlord has the keys at the time of the Bedika, then the owner is obligated in Bedika. <Ref> S”A 437:1, Mishna Brurah 437:2, Halachos of [[Pesach]] (pg 98) </ref><br />
# If the renter has the key to the house at the time of Bedika (14th at [[Tzet HaKochavim]]) and he has made a halachic [[acquisition]] (paying with cash), then he’s obligated to do Bedika. <Ref> S”A 437:1, Mishna Brurah 437:2, Halachos of [[Pesach]] (pg 98) </ref><br />
# However, if the renter has the key to the house but didn’t do a halachic [[acquisition]], many say that the owner is obligated and some say that the renter is obligated. <Ref> S”A 437:1, Mishna Brurah 437:2, Halachos of [[Pesach]] (pg 98) </ref> Certainly the owner or renter can be appointed a שליח by the other and fulfill the obligation of Bedika. <Ref>Mishna Brurah 437:2, Halachos of [[Pesach]] (pg 99) </ref><br />
# A person who rents a house for [[Pesach]], the areas which one will put one’s food utensils and actual food should be checked perfectly well. The rest of the house should be checked well, however, the areas which are private areas and the renters are not supposed to open (explicitly mentioned or implicitly understood) the renters do not have to Bedika on those areas. <Ref> Rav Yisrael Belsky on [https://oukosher.org/passover/webcast/pre-pesach/ou-kosher-pre-pesach-webcast-5771-2011/ OU Pre-Pesach Webcast 5771] between minutes 16:45 and 19:15 explaining that we assume that the children didn’t put Chametz there and they are even renting those private areas </ref><br />
<br />
===Hotel Guests===<br />
# If one arrives in the hotel before the 14th at night and plans on staying [[Pesach]], then one should perform Bedika in the room with a Bracha. <Ref>Chovat Hadar (end of Sefer Dinei Bedikat Chametz), Siddur [[Pesach]] KeHilchato 12:8, Chag HaMatzot (Halachot VeMinhagim 5:32), Otzar Halachot vol 2 pg 124, Piskei Teshuvot 437:1. Rav Hershel Schachter on [https://oukosher.org/passover/webcast/pre-pesach/ou-kosher-pre-pesach-webcast-5771-2011/ OU Pre-Pesach Webcast 5771] between minutes 4:30 and 5:30 explains that even though the room is cleaned by the cleaning staff before one gets there that doesn't mean it is sufficiently checked so that there's no chametz in there on Pesach. Rabbi Aryeh Lebowitz in [http://www.yutorah.org/lectures/lecture.cfm/856001/rabbi-aryeh-lebowitz/ten-minute-halacha-bedikas-chameitz-when-staying-in-a-hotel/ Ten Minute Halacha - Bedikas Chameitz when Staying in a Hotel] agrees. Also, Rav Schachter added that in order to recite a bracha one should bring in some chametz such as a cookies before the time of the bedika. </ref> Some maintain that one should check without a Bracha. <Ref>Sh”t Kinyan Torah 1:120, 5:33 </ref><br />
## If the room is cleaned well one should bring Chametz into the room before doing Bedika. <Ref> Rav Schachter on [https://oukosher.org/passover/webcast/pre-pesach/ou-kosher-pre-pesach-webcast-5771-2011/ OU Pre-Pesach Webcast 5771] between minutes 2:30 and 5 </ref><br />
# If one arrives in the hotel on the day of the 14th, if the hotel did a Bedika on the 14th at night one doesn’t need to do Bedika, however, if the hotel didn’t do Bedika, one should do so with a Bracha. <Ref>Siddur [[Pesach]] KeHilchato 12:8, Piskei Teshuvot 437:1 </ref><br />
# If one is a guest in the hotel only for the 14th and plans on leaving before [[Pesach]] one should still do Bedika but without a Bracha. <Ref>Halichot Shlomo 5:19, Piskei Teshuvot 437:1 </ref><br />
<br />
===Yeshiva Student===<br />
# If a Yeshiva student is leaving his dorm or apartment within 30 days of [[Pesach]], even if he isn’t returning on [[Pesach]], he has an obligation to do Bedikat Chametz the night before he leaves, without a Bracha <ref> The Gemara Pesachim 6a says that one who leaves his house within 30 days of [[Pesach]], should do Biur even if he doesn’t plan on being home during [[Pesach]]. Rambam (Chametz 2:16) explains that this includes doing Bedika. Shulchan Aruch 436:1 agrees. Mishna Brurah 436:6 writes that one should do Bedika with a candle the night before leaving. Rama 436:1 writes that there’s no Bracha for this Bedika since it’s not performed on the night of the 14th. Torat HaYeshiva 14:2 applies this halacha to a Yeshiva student in dorms. </ref>, but with a candle or flashlight <ref> Halachos of [[Pesach]] (p. 86) quotes Rav Moshe saying that a flashlight is better than using a candle and Rav Aharon Kotler as saying it is equivalent to a candle. Halichot Shlomo 5:11 writes that if one can’t use a candle, one should use a flashlight. Chazon Ovadyah (p. 38) agrees.</ref>, and then do Bitul. <Ref>Taz 436:2 writes that besides the Bedika, one should do Bitul on [[Erev Pesach]]; Magen Avraham 436:1 argues that one should also do Bitul after the Bedika as one does by Bedika on the 14th. Biur HaGra 436:4, Mishna Brurah 436:3, and Kaf HaChaim 436:8 agree. </ref> <br />
# One shouldn’t eat, work, or learn prior to performing this Bedika, just like one who performs Bedika on the 14th. <ref> Pri Megadim E”A 436:1 writes that one who does Bedika the night before leaving his house, shouldn’t eat, work, or learn just like one who performs Bedika on the 14th. Kaf HaChaim 436:7 and Nitei Gavriel 28:4 agree. Kovetz MeBet Levi (Nissan 5761 pg 85) writes that this also applies to a Yeshiva Student doing Bedika in his dorm the night before he leaves. See [[#Eating or working before Bedika|above]] regarding the laws of not eating, working, or learning within a half hour of Tzeit Hakochavim. </ref><br />
# If a student in Yeshiva is in Yeshiva on [[Pesach]], he is obligated to perform Bedika in his dorm room and if it’s done on the 14th at night it should be done with a Bracha. <Ref>Halichot Shlomo (vol 1, 5:17), Dinim VeHanhagot 17:18 quoting the Chazon Ish, Siddur [[Pesach]] KeHilchato 12:9, Kovetz MeBet Levi (Nissan 5756), Chut HaSheni ([[Pesach]] pg 88), and Torat HaYeshiva write that a yeshiva student should perform Bedika in his dorm with a Bracha if it’s done on the 14th. </ref> However, some hold that the Bedika should be made without a Bracha. <Ref>Teshuvot VeHanhagot 1:287, Chovat Hadar (end of Sefer Dinei Bedikat Chametz), Mishpat HaSechirut 5:32 </ref><br />
# However, if the Yeshiva decides to sell all the rooms to a goy for [[Pesach]], then there’s no obligation to perform Bedika. <Ref>Torat HaYeshiva 14:4 </ref><br />
<br />
===Going to a Relative for Pesach===<br />
# If one is staying at a relative for [[Pesach]] and has a room where will one be staying one should participate in the Bedika by listening to the Bracha on the Bedika and then checking the room one will be staying in. <Ref> Rav Schachter on [https://oukosher.org/passover/webcast/pre-pesach/ou-kosher-pre-pesach-webcast-5771-2011/ OU Pre-Pesach Webcast 5771] between minutes 6 and 7 </ref><br />
<br />
===Bungalow Colony===<br />
# If one leaves one’s bungalow colony house within 30 days of [[Pesach]] one has to Bedika before one leaves, however if one leaves longer than 30 days before [[Pesach]] one doesn’t have to Bedika and it’s sufficient to do [[Bitul Chametz]] on the Chametz in that house unless one is going to come to the house on [[Pesach]] in which case one has to Bedika before [[Pesach]]. <Ref> Rav Yisrael Belsky on [https://oukosher.org/passover/webcast/pre-pesach/ou-kosher-pre-pesach-webcast-5771-2011/ OU Pre-Pesach Webcast 5771] between minutes 11 and 12 </ref><br />
<br />
===Office===<br />
# One has to do Bedika in one’s office (if one brings food there), however, one doesn’t have to do it on the night before [[Pesach]], but rather one should do on the night before one leaves the office before [[Pesach]]. <Ref> Rav Yisrael Belsky on [https://oukosher.org/passover/webcast/pre-pesach/ou-kosher-pre-pesach-webcast-5771-2011/ OU Pre-Pesach Webcast 5771] between minutes 8 and 11 </ref><br />
<br />
===Areas which were Cleaned before Pesach===<br />
# One has to clean the house before [[Pesach]] and still do Bedika (with a Bracha) the night before [[Pesach]]. <Ref> Rav Yisrael Belsky on [https://oukosher.org/passover/webcast/pre-pesach/ou-kosher-pre-pesach-webcast-5771-2011/ OU Pre-Pesach Webcast 5771] between minutes 12:45 and 15:45 </ref><br />
# If one cleaned a closet completely by removing every single vessel, checked using an electric light and there no small confined areas or hidden places in the closet then it’s considered checked and doesn’t require Bedika.<ref>Mishna Brurah 433:1</ref> However, if there are areas which require close examination (like getting down on one’s hands and knees) one should still do Bedika at the appropriate time. <Ref> Rav Yisrael Belsky on [https://oukosher.org/passover/webcast/pre-pesach/ou-kosher-pre-pesach-webcast-5771-2011/ OU Pre-Pesach Webcast 5771] between minutes 12:45 and 15:45 </ref><br />
<br />
===Cracks===<br />
# Nowadays, one doesn’t have to check in the cracks in the floor because no one actually hides Chametz in the few and small cracks in the floor. <Ref> Rav Schachter on [https://oukosher.org/passover/webcast/pre-pesach/ou-kosher-pre-pesach-webcast-5771-2011/ OU Pre-Pesach Webcast 5771] between minutes 16 and 16:30 </ref><br />
# If a piece of Chametz is too difficult to reach one doesn’t have to go crazy in order to remove that Chametz (and Bitul is sufficient). <Ref> Rav Schachter on [http://www.ou.org/community_services/media/oukosher_pre-pesach_webcast_5770 OU Kosher Pre-Pesach Webcast 5770] between minutes 5:00 and 5:30 </ref><br />
<br />
===Books===<br />
# Many authorities maintain that there is no obligation to check sefarim for Chametz crumbs.<Ref> Halichot Shlomo 5:6 writes that even though there’s a dispute whether the possible existence of crumbs necessitates Bedika, since the crumbs in sefarim would be disgusting sefarim don’t require Bedika. Chazon Ovadyah (p. 35), Or Letzion 1:32, Rav Mordechai Willig in Am Mordechai (p. 154), and Halachos of [[Pesach]] (p. 72) quoting Rav Moshe Feinstein agree. Maaseh Rav #178, however, writes that one should do Bedika on sefarim that he used during a meal. Chazon Ish 116:18 and Mishna Halachot 7:64 agree. Orchot Rabbenu (vol 2 pg 6) records the Steipler and Chazon Ish’s practice to check sefarim in advance of the night of 14th. </ref> If one is going to check one may do so in advance and doesn’t have to wait until the night of the 14th. <ref>Orchot Rabbenu (vol 2 pg 6) regarding the practice of the Steipler and Chazon Ish. </ref><br />
# Benchers and Zemiros booklets of the rest of the year should not be used on [[Pesach]] but rather sold to a non-Jew with [[Mechirat Chametz]]. <Ref>Halachos of [[Pesach]] (Rabbi Eider; pg 72) </ref><br />
<br />
===Pockets===<br />
# One should check the pockets of clothing in which one sometimes puts Chametz. <Ref>Mishna Brurah 433:47 </ref> Many permit checking the pockets before the night of the 14th. <Ref>Piskei Teshuvot 433:7, Kaf HaChaim 433:89, Halachos of [[Pesach]] (pg 71) in name of Rav Moshe Feinstein </ref> <br />
# If one never put Chametz in the pocket, some say that one doesn’t have to check but others hold that one must check because Chametz may have been placed there inadvertently. <Ref>Mishna Brurah 433:47 obligates checking even if one never put Chametz in there, however, S”A HaRav 433:43 and Kaf HaChaim 433:87 hold that one doesn’t need to check but it’s praiseworthy. </ref><br />
===Under Furniture===<br />
# A person should check under the refrigerator, stove, couches, and all moveable furniture.<ref>[https://www.torahanytime.com/#/lectures?v=106099 Rav Shmuel Fuerst (min 8)]</ref><br />
<br />
===Renting or selling the house to a non-Jew===<br />
# If one is not going to be home on [[Pesach]] and sell the house to a goy, it’s improper not to do Bedika. <Ref> Halichot Shlomo (vol 1, pg 101 note 14) </ref><br />
<br />
===One's office===<br />
# Some say that one should do Bedika in the place where one works at night using a candle. <Ref> Halichot Shlomo (vol 1, 5:4) </ref> while others say that that it doesn’t have to be done on the night of the 14th rather one should do it the last day one is there before the 14th of Nissan. Additionally, it doesn’t have to be done with a candle nor does one have to put out pieces of Chametz. No bracha is made on this bedika. <Ref> Rabbi Sobolofsky at [http://www.yutorah.org/lectures/lecture.cfm/759810/Rabbi_Zvi_Sobolofsky/Pesach_Issues_in_the_Workplace yutorah.org] between minutes 2 and 4 </ref><br />
<br />
===One's car===<br />
# It’s proper to check one’s car(s) for Chametz on the night of the 14th using a flashlight. Otherwise, one should check it during the day. No Bracha is required for performing Bedika in a car. <ref> Yechave Daat 1:5 and Halichot Shlomo (vol 1, 5:5) write that one should check the cars on the night of the 14th and if not then it should be checked on the day. Halichot Shlomo and Halachos of [[Pesach]] (pg 71) in name of Rav Moshe Feinstein hold that no Bracha is made on this Bedika. Yechave Daat 1:5 also agrees. </ref> This is true even of a car that will not be used on Pesach itself. <ref> Yechave Daat 1:5 </ref><br />
# Public bus companies or airplane companies that are Jewish must check for Chametz before Pesach. <ref> Yechave Daat 1:5 </ref><br />
# If one checked the car and it is clean before the night of the 14th some say that it doesn't need to be checked the night of the 14th.<ref>[https://www.torahanytime.com/#/lectures?v=106099 Rav Shmuel Fuerst (min 1-5)] explained that a car is considered a vessel and not a house and as long as it is cleaned before the night of the bedika it doesn't need to be checked that night.</ref><br />
<br />
===The Shul===<br />
# A gabbai or other appointed individual should perform Bedika in the Shul or Bet Midrash. Some say that one should make a Bracha on this Bedika <ref>Mishna Brurah 433:10, S”A HaRav 433, Sh”t Teshuvot Vehanhagot 1:287 </ref>, and some say that one shouldn’t make a Bracha <ref> Sh”t Maharsham 5:49, Aruch HaShulchan 433:12 </ref> and it’s preferable to have the one doing the Bedika to make a Bracha for Bedika of his home and then do Bedika in the Shul (without making an interruption not relevant to the Bedika). <Ref>Piskei Teshuvot 433:6 </ref><br />
## One doesn’t have to do [[Bitul Chametz]] after Bedika of the Shul or Bet Midrash <Ref>Mishna Brurah 433:43, Aruch HaShulchan 433:12 </ref> unless it belongs to an individual in which case one should do [[Bitul Chametz]]. <ref>Halachos of [[Pesach]] (Rabbi Eider; pg 73) </ref><br />
<br />
==Eating or working before Bedika==<br />
# A person shouldn’t start a job or start eating (a KeBeitzah of bread) from a half hour before [[Tzet HaKochavim]], until one has done Bedika.<Ref>Shulchan Aruch O.C. 431:2, Mishna Brurah 432:5-6, [https://www.torahanytime.com/#/lectures?v=106099 Rav Shmuel Fuerst (min 3)] </ref> However, one may continue to eat fruit a half hour before [[Tzet HaKochavim]], but not after [[Tzet HaKochavim]]. <Ref>Mishna Brurah 432:6 </ref><br />
# A person shouldn’t start learning from [[Tzet HaKochavim]] until one has done Bedika. Some add that one may not learn from a half hour before [[Tzet HaKochavim]] and some permit until [[Tzet HaKochavim]]. <Ref>Mishna Brurah 431:7 </ref><br />
# If one began to learn, work, or eat during the day and continued into the night, according to Sephardim one doesn’t have to stop to do Bedika, and according to Ashkenazim one must stop at [[Tzet HaKochavim]] in order to perform Bedika. <Ref>Shulchan Aruch and Rama 431:2, Mishna Brurah 431:12 </ref><br />
# Even someone who is doing bedika the night before he leaves shouldn't eat or do activities beforehand after nightfall.<ref>Pri Megadim E”A 436:1 writes that one who does Bedika the night before leaving his house, shouldn’t eat, work, or learn just like one who performs Bedika on the 14th. Kaf HaChaim 436:7 and Nitei Gavriel 28:4 agree.</ref><br />
<br />
==Candle==<br />
# One should check using a single wax candle and not a torch (or even two candles together). <Ref>S”A and Rama 433:2, Mishna Brurah 431:3 </ref> <br />
# If one is unable to use a candle, one should use a flashlight. <Ref> Halichot Shlomo (vol 1, 5:11), Piskei Teshuvot 431:2 </ref> Some say that one can fulfill the obligation with a flashlight, but the minhag is to use a candle or to begin with a candle. <Ref> Halachos of [[Pesach]] (pg 86) quoting Rav Aharon Kotler and Rav Moshe Feinstein that the flashlight sufficies. Yechave Daat 1:4</ref><br />
# One doesn’t have to turn off the electric lights while performing the Bedika. <Ref>Halachos of [[Pesach]] (pg 86) quoting Rav Moshe Feinstein, Piskei Teshuvot 431:2 saying that such is the minhag, Nitei Gavriel ([[Pesach]] v. 1, p. 112). Avnei Derech 13:100:2 cites numerous poskim who allow leaving on the lights during bedikat chametz including Mishna Halachot 15:92, Shalmei Moed p. 312 citing Rav Shlomo Zalman Auerbach, Or Letzion 3:7:7, Hagadah Shel Pesach Hachazon Ish p. 19, Chut Shani p. 59, Chazon Ovadia Pesach p. 40, Orchot Rabbenu Pesach n. 6, Shevut Yitzchak Pesach p. 34, and Hilchot Chag Bchag 5:7 p. 78. The only one who cites on the other side is that the Torat Hamoadim p. 433 writes that the Brisker Rav would turn off the lights for bedikat chametz. </ref><br />
# See also [[Hebrew sources for using a flashlight for Bedikat Chametz]]<br />
<br />
==If one didn’t do Bedika==<br />
# If one didn’t do Bedika at night one should do so during the day before the sixth hour (halachic hours) and if one forgot to do it before the sixth hour one should still do it on Erev [[Pesach]] with a Bracha. <ref>S”A 435:1, Mishna Brurah 435:5 </ref> One can only do [[Bitul Chametz]] after the Bedika until the sixth hour of Erev [[Pesach]]. <Ref> Mishna Brurah 435:1 </ref><br />
# If one didn’t do it before [[Pesach]], do it on [[Pesach]] unless one did [[Bitul Chametz]] before [[Pesach]] in which case one shouldn’t do Bedika on [[Pesach]] with a Bracha. <ref>S”A 435:1, Mishna Brurah 435:3,5 </ref><br />
# If one didn’t do Bedika during [[Pesach]], do it after [[Pesach]] without a Bracha. <ref>S”A 435:1 </ref><br />
# Any Bedika not at the appropriate time should be done with a candle. <Ref>Mishna Brurah 435:4 </ref><br />
==If one finds Chametz==<br />
# If one finds Chametz on [[Yom Tov]] one shouldn’t burn it but rather cover it and then burn it after [[Yom Tov]]. <ref>S”A 446:1 </ref> some say that nowadays one should have a non-Jew flush it down the toilet. <Ref>Piskei Teshuvot 446:2 </ref><br />
# If one finds Chametz on [[Chol HaMoed]] one should burn it but not make a Bracha if one either did [[Bitul Chametz]] or selling of Chametz to a non-Jew before [[Pesach]]. <Ref>Piskei Teshuvot 446:1 </ref> <br />
# Some say that if one sold one’s Chametz before [[Pesach]] and then one finds Chametz on [[Pesach]], one should store it away with the other Chametz that’s sold to the non-Jew and not burn it. <ref>Piskei Teshuvot 446:1 quoting Mikrei Kodesh 1:74 </ref><br />
<br />
==Minhag in performing Bedika==<br />
# Nowadays when people clean the house of Chametz in advance, it’s enough to check to see if that area was cleaned from Chametz and if it wasn’t to remove the Chametz. <Ref>Halichot Shlomo (vol 1, 5:1), Piskei Teshuvot 433:8, Or Yisrael (vol 35, pg 100-102, article by Rav Shlomo Wolfson) </ref><br />
<br />
==Scattering 10 pieces of Chametz==<br />
# The minhag is to scatter 10 pieces of Chametz to be found during the Bedika. <Ref>Rama 432:2, Mishna Brurah 432:13. Rama (432:2) quotes one opinion who says that the minhag to leave pieces of bread around the house is to ensure that one finds chametz to prevent a berakhah of biur chametz being said in vain. However, the Rama concludes, that it is not necessary since one’s intent in the berakhah is to destroy the chametz that one finds. Taz (432:4) discourages this minhag because one may misplace one of the placed pieces. On the other hand, Rabbi Yaakov Reischer in Chok Yaakov (432:13) defends the minhag and argues that putting out pieces encourages one to do a thorough check and not abandon the job if chametz is not found immediately. </ref> Nowadays when people clean the house of Chametz in advance, some say that one must scatter these pieces, while others maintain that it’s still not an obligation but only a minhag. <Ref> Shaar HaTziyun 432:12 quotes the Emek Halacha who maintains that nowadays when people clean the house in advance one must put out these 10 pieces of Chametz so that the Bracha on Bedika isn’t a Bracha Levatala. However, Halichot Shlomo 5:12 argues that one can still make the Bracha without putting out these pieces because the Bedika includes checking that the areas have been cleaned properly, nonetheless it’s still the minhag to do so.</ref><br />
# These pieces should be hard Chametz that doesn’t cause crumbs and it should be placed in an area that’s protected from children or mice. <Ref> Mishna Brurah 432:12 </ref> Additionally, it may be advisable to wrap it so that it doesn’t make crumbs. <Ref>Halachos of [[Pesach]] (pg 80) </ref><br />
# One should be careful not to loss any of the pieces. <Ref>Mishna Brurah 432:13 </ref><br />
<br />
==How much is Enough?==<br />
# A person doesn’t have to make themselves crazy, one just to be reasonable not to overwork oneself so that one can enjoy [[the Seder]]. <Ref> Rav Schachter on [https://oukosher.org/passover/webcast/pre-pesach/ou-kosher-pre-pesach-webcast-5771-2011/ OU Pre-Pesach Webcast 5771] between minutes 19:30 and 21 </ref> It’s a judgment call and one should do a peripheral check (not too peripheral). <Ref> Rav Yisrael Belsky on [https://oukosher.org/passover/webcast/pre-pesach/ou-kosher-pre-pesach-webcast-5771-2011/ OU Pre-Pesach Webcast 5771] between minutes 24 and 25. See Haggadah of the Roshei Yeshiva (pg 13) which records the minhag of Rav Moshe to perform a bedika in his small apartment for longer than an hour. This bedika doesn't need to be done as if no cleaning was done, but is required anyway. This is the opinion of Sha’arei Teshuvah 433:2, Daat Torah 433:2, Chochmat Shelomo 433:11, Rav Shlomo Zalman Auerbach quoted in Mevakshei Torah Ohr Efrayim page 532), Kinyan Torah 2:122.</ref><br />
<br />
==If one found Chametz after the Bedika==<br />
# If one found Chametz after the Bedika one doesn’t have to recheck the house. <Ref>Mishna Brurah 438:4, Halichot Shlomo 5:22 </ref><br />
<br />
==If one did Bedika before the night of the 14th==<br />
# If one did Bedika during the day of the 13th to the light of a candle one should do Bedika the night of the 14th without a Bracha. <Ref>Mishna Brurah 433:1 </ref><br />
# If one did Bedika during the night of the 13th to the light of a candle, one doesn’t have to do Bedika on the 14th at night if one was careful not to bring Chametz there and if one wants to do Bedika it should be done without a Bracha. <Ref>Mishna Brurah 433:1 </ref><br />
<br />
==Links==<br />
* [http://www.hebrewbooks.org/54541 Yalkut Yosef Hilchot Pesach vol. 1 (Hebrew, 5775)]<br />
* [http://www.yutorah.org/lectures/lecture.cfm/854906/rabbi-daniel-stein/bedikas-chametz-crumbs,-cleaning-early,-and-going-away/ Bedikas Chametz - Crumbs, cleaning early, and-going-away] by Rabbi Daniel Stein<br />
* [http://www.aish.com/h/pes/l/48969586.html The Search for Chametz] on Aish.com<br />
<br />
==Sources==<br />
<references/><br />
[[Category:Pesach]]<br />
[[Category:Holidays]]</div>YitzchakSultanhttps://halachipedia.com/index.php?title=Kashering_the_Kitchen_for_Pesach&diff=25523Kashering the Kitchen for Pesach2020-04-08T03:16:06Z<p>YitzchakSultan: /* Pots and Pans */</p>
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<div>[[Image:Hagalah.jpg|right]]<br />
When preparing the kitchen for Pesach Klal Yisrael are very careful to meticulously clean for Pesach and kosher the kitchen. In the process, the pots, pans, plates, silverware, ovens, and other utensils that were used for chametz need to be koshered if they are to be used for Pesach. For someone who can afford it, it is an ideal option to buy separate Pesach pots that aren't used for chametz and this minimizes the need to kasher.<ref>Pitchei Teshuva 451:1-2 writes from some poskim that it is ideal to get new pots and not kasher for pesach since it is difficult to kasher pots correctly.</ref> When kashering, the rishonim debate whether according to the strict law, the laws of kosher for pesach mimic those of koshering a kitchen from non-kosher or are more lenient.<ref>The Rishonim argue whether the absorption of chametz is considered a permitted absorption and as such it is sufficient to kosher with hagalah, or it is like a forbidden absorption and needs libun if the utensil was used on the fire. Ramban Avoda Zara 76a, Rashba Avoda Zara 76a, Meiri Pesachim 30b all hold that chametz is considered a forbidden absorption. The Ran Pesachim 8b explains that this is the case since the title of chametz is relevant all year even though it is only forbidden on Pesach. Bet Yosef 451:4 explains that this is the opinion of the Rif and Rosh. However, the Rambam (according to Maggid Mishna 5:23), Hagahot Maimoniyot Chametz 5:23:1, Rashi and Raavad cited by Ran Pesachim 30b all hold that chametz is considered a permitted absorption. Shulchan Aruch 451 assumes that it is a forbidden absorption but in 452:1 he seems to contradict himself. See Biur Halacha there.</ref><br />
<br />
==Which materials can be kashered?==<br />
# It is possible kasher wooden, metal, or stone utensils. It is impossible to kasher earthenware utensils. <ref>Kitzur Shulchan Aruch 116:1-2</ref><br />
# If a vessel was used even once for Chametz it needs to be cleansed to be used for [[Pesach]]. A bread knife which was once for cutting a Chametz food that was hot such as warm cake, warm breaded-chicken, or used to stir chulent. A teapot needs be cleansed because it probably touched Chametz when it was warm. <Ref> Yalkut Yosef (Isser VeHeter vol 3 pg 470) </ref><br />
# There is a question if it is possible to kasher plastic utensils. <ref>Rav Shimon Eider in Halachos of [[Pesach]] (p. 137) rules that one may not kasher plastic utensils for [[Pesach]] based on Igrot Moshe 2:92 who doesn’t allow kashering synthetic rubber since it is a new material that wasn’t discussed by the Rishonim. See however, Chazon Ovadia (p. 151), Minchat Yitzchak 3:67, Chelkat Yaakov YD 45, Tzitz Eliezer 4:6 who allow kashering plastic. [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim] allows kashering plastic.</ref><br />
# The Ashkenazic minhag is not to kasher glass.<ref>Kitzur Shulchan Aruch 116:13</ref> According to Sephardim, one never needs to kasher glass, as it does not absorb. Rather, one must wash it thoroughly. The same is true for Pyrex and Duralex.<ref>Yechave Daat 1:6</ref><br />
<br />
==Hagalah==<br />
# If a vessel is used a majority of the time for [[cooking]] in liquid it is cleansed through boiling water. <Ref>Chazon Ovadyah (pg 124) </ref><br />
# Hagalah includes cleaning the pot well from all Chametz, then immersing it in (boiling) hot water in a pot that’s on the fire (or an electric heating source) or a pot that was just removed from the fire. <ref>Chazon Ovadyah (pg 136) </ref><br />
# The minhag is to wash the utensils in cold water after performing Hagalah. <ref>Kitzur S”A 116:17</ref><br />
# If one is koshering utensils before the beginning of the fifth hour on Erev Pesach one can do hagalah with the following leniencies:<br />
## even with pots that were used within 24 hours.<ref>Shulchan Aruch 452:1</ref><br />
## to ensure that there's sixty times the utensil in the water.<ref>Shulchan Aruch 452:1</ref><br />
## one can do hagalah on multiple utensils at the same time.<ref>Shulchan Aruch 452:1, Mishna Brurah 432:3</ref><br />
## the pot used for hagalah doesn't need to be koshered itself.<ref>Shulchan Aruch 452:1</ref><br />
# The minhag is to be strict even when koshering before the fifth hour to only kosher utensils that weren't used within 24 hours.<ref>Magen Avraham 452:6, Mishna Brurah 452:13</ref><br />
# If one is do hagalah after the fourth hour needs to be careful only to kosher a utensil that wasn't used within 24 hours or to have sixty times the utensil in the water. Some add that if is doing hagalah after the sixth hour they need to be careful about both conditions.<ref>Mishna Brurah 452:13</ref><br />
# Some say that it is critical to make sure to have the utensils to be not used within 24 hours before doing hagalah or to have sixty times the utensil in the water even when doing hagalah prior to the fifth hour.<ref>Mishna Brurah 452:13 quotes some achronim who are concerned for the opinions of isura baala.</ref><br />
<br />
==Libun==<br />
# If a utensil is used over the fire a majority of its uses such as the oven racks it is cleansed through making it red hot. <Ref>Chazon Ovadyah (pg 124) </ref><br />
# Grills and skewers need Libun since it probably touched meat that was mixed with Chametz and should be heated until it sparks. <Ref>Chazon Ovadyah (pg 126) </ref><br />
<br />
==Stovetop==<br />
# You don't need to wait 24 hours since the grates need [[#libun]] to be koshered. For a gas stove put a pot on top of the grate so that the fire spreads out and leave it on for a half hour to an hour. For an electric stove you don't need to put a pot on top of it since it'll get hotter evenly so you only need to turn it on for 10-20 minutes.<ref> https://www.torahanytime.com/#/lectures?v=106099 Rav Shmuel Fuerst (min 14)]. The Mishna Brurah 451:34 writes that really the reason that grates need to be koshered is a chumra of chametz since a pot doesn't absorb from another pot without liquids in between. After the fact if someone used grates without kashering them it isn't an issue.</ref><br />
#Drip pans for the gas stove should be replaced for pesach, or placed in a self-clean oven, or covered with thick aluminum foil.<ref> https://www.torahanytime.com/#/lectures?v=106099 Rav Shmuel Fuerst (min 14-5)]</ref><br />
<br />
==Oven==<br />
# An electric or gas oven should be cleaned from all specks of Chametz and left 24 hours unused. If it has a self-cleaning mode, it should be put on self-clean and that is sufficient.<ref>Rabbi Jachter (Gray Matter vol. 2, p. 221) quoting Rabbi Elazar Teitz, [http://www.crcweb.org/Passover/2016/Pesach_Guide_2016.pdf CRC Pesach Guide 2016 (p. 19)], Yesodei Yeshurun v. 6 p. 156-160, OU Pesach Guide 2016 p. 24, Halachos of Pesach by Rabbi Ribiat p. 354.</ref> However, if it doesn't have self-clean, many hold that the oven can be heated to the highest temperature it reaches for one hour or two and that is sufficient. <Ref>Rav Ovadia Yosef (Chazon Ovadyah pg 73, Sh”t Yechave Daat 2:63), Rav Aharon Kotler (quoted by Rabbi Eider in Halachos of Pesach 1:180), and Rav Soloveitchik (quoted by Gray Matter vol. 2, p. 219) hold that conventional ovens which don't have a self-cleaning setting can be koshered by raising them to the highest temperature that they can reach for an hour or two. Chut Shani Pesach 10:2 writes that the minhag isn't to kosher such an oven but after the fact the koshering is effective.<br />
* Rav Ovadia Yosef explains that according to many rishonim chametz is considered something which is permitted that was absorbed in a utensil that only becomes forbidden over time and as such even items which normally would require libun can suffice with hagalah. Even though Shulchan Aruch O.C. 451:4 holds like the rishonim who hold that chametz is considered like a forbdiden taste all year since on Pesach it will be forbidden and as such libun is necessary on utensils used over the fire, nonetheless, for utensils which can't be koshered any other way and it is difficult not to use the oven all of Pesach, one can rely on the lenient opinion. See Rav Ovadia's responsa for his lengthy explanation. <br />
* Rabbi Soloveitchik offered another reason to be lenient. Since chametz only got absorbed through a certain temperature, those absorptions can be removed in the same way that they went in, which is certainly less than the maximum temperature that the oven can reach. This seems to be at odds with the Pri Megadim E"A 451:30 who holds that libun needs to be a certain temperature to burn out the forbidden tastes, but it is supported by the Arugot Bosem 119. Igrot Moshe YD 1:60 s.v. aval and Or Letzion 3:10:2 agree with Pri Megadim. <br />
* [http://www.crcweb.org/Passover/2016/Pesach_Guide_2016.pdf CRC Pesach Guide 2016 (p. 19)] writes that for non-self cleaning ovens one should heat it to the highest temperature it could reach for one hour after waiting 24 hours. Additionally, the racks and grates should be covered with aluminum foil perforated for air circulation and no food should touch the side bottom or top of the oven on Pesach.</ref> Some hold that ovens which don't have a self-clean setting can't be koshered for Pesach.<ref>Rav Jachter (Gray Matter vol. 2, p. 218) and OU Pesach Guide 2016 p. 26 quoting Rav Mohe Feinstein.<br />
* Rav Aharon Felder (Yesodei Yeshurun v. 6 p. 158) writes that even though the oven walls only absorb taste through steam since we're concerned that they absorb taste from something solid spilling on it, it needs libun. Ashkenazim can't follow the majority of uses (Rama 451:6). <br />
* However, the Or Letzion is concerned even though the absorption is through steam. One proof of the Or Letzion is Shulchan Aruch 451:15 which is a cover of chametz foods on the fire requires libun. One of the reasons of the Tur and Magen Avraham 451:30 because of the steam and the same is relevant to ovens. Minchat Shlomo 2:51 writes that even steam can be koshered with hagalah and the reason that the Shulchan Aruch 451:15 required libun for the cover of chametz is because it is a close cover.</ref> In practice, one should consult one's rabbi.<ref>Rabbi Ribiat in Halachos of Pesach p. 354 cites both opinions and advises being strict not to use an oven that doesn't have a self-clean option or to get an oven insert.</ref><br />
# Racks of electric ovens should be cleansed with Libun and if one does it with Hagalah according to Sephardim one has to what to rely on. <Ref>Chazon Ovadyah (pg 132-4) </ref><br />
For a detailed discussion of the halachic issues of koshering an oven for Pesach see the [[Koshering an Oven for Pesach]] page.<br />
<br />
==Toaster Ovens==<br />
#Generally toaster ovens can't be kashered since they don't reach 850 degrees and usually not even 500 degrees.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref><br />
==Countertops==<br />
# If one isn’t going to put any hot food on the counters on [[Pesach]], it is sufficient to clean the counters very well. If one is going to put hot food on the counters on [[Pesach]], one should clean and cover the counters. Regarding kashering the counters, see the footnote. <Ref> The Tur and S”A 451:20 write that the minhag is to pour hot water on the tables and cabinets used for food during the year because sometimes hot liquid chametz spills onto them. The Magen Avraham 451:38 quotes the Maharil who records the minhag to cover the tables and cabinets after this kashering procedure because perhaps some actual chametz was stuck onto the table or cabinet. <br />
* Kaf HaChaim 451:233 notes that wooden tables which one always eats on with a tablecloth don’t need to be kashered and one should simply remove the actual chametz and wipe down the surface. Rav Mordechai Willig (“Shiur 64 – Pesachim” min 80-82) says that strictly speaking this is also true for countertops on which people don’t put chametz directly. [https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Willig (min 36)] said that it is best to cover the counter tops. Rav Hershel Schachter [http://www.ou.org/community_services/video/67558 (OU Pre-Pesach Webcast 5769, min 11-13)] adds that one could either kasher the counters or cover them, but if one isn’t going to put any hot food on the counters on [[Pesach]] one could simply clean the counters well.<br />
* Thus, Rav Moshe Feinstein (quoted by Halachos of [[Pesach]] p. 140) maintains that one should not kasher Formica countertops, which are made out of hardened plastic, rather these should be washed and covered.</ref><br />
<br />
==Sink==<br />
# A should pour hot water (that is [[Yad Soledet Bo]]) on top of all of the surfaces of the sink including the faucet itself. Even so it is best not to place the dishes on the bottom of the sink but rather on top of a rack.<Ref>[https://yeshiva-university.zoom.us/rec/play/usAsduuh-283HoLAtASDAPZ9W9S0eq2s0igX-_pez0jkW3EFZFr1M7QRa7Qf9B_vOGt5lyO0vcW9I1-0?startTime=1585760529000&_x_zm_rtaid=CQsocm3ZRaq6pGgFL5OMGQ.1585880286593.75ff95374a21dbfc2f0c45524d508e2a&_x_zm_rhtaid=674 Rav Willig (April 1 2020, min 4-5)] explained that since it is possible for noodles when being strained into the sink to fall onto the sink directly they could cause a greater transfer of taste then simply doing hagalah with water, therefore, a person shouldn't use the bottom of the sink even after doing hagalah with iruy.</ref><br />
==Food Processor==<br />
# The blade of the food processor should be kashered with hagalah like any other knife. Also, the receptacle should be replaced with a new one.<ref>[https://www.star-k.org/articles/articles/seasonal/pesach/app/4625/pesach-kitchen-checklist/ Star-K]. [http://www.crcweb.org/kosher_articles/Kashering_in_the_Kitchen.php#electricmixers CRC] writes that a person should buy a new blade.</ref> <br />
#It is recommended not to kasher a food processor if the motor is exposed to food and is hard to clean, however, if it is sealed then this doesn't apply.<ref>[http://www.crcweb.org/kosher_articles/Kashering_in_the_Kitchen.php#electricmixers]</ref><br />
<br />
==Tables==<br />
# One should kosher one's table by pouring on it boiling water or cover it.<ref>Shulchan Aruch OC 451:20 writes that one should kosher one's tables since often one spills soup on it. Isn't the majority of use of a table for cold? <br />
* Rav Yitzchak Yosef Marechet Hashulchan v. 2 p. 310 answers that really this is a chumra and that's why the language of Shulchan Aruch is that it is something people usually did but not that it is necessary.<br />
* Megilat Sefer Tarovet p. 271-2 writes that the majority use is defined by whatever the utensil is designated for and potentially it could be designated for multiple uses. Regarding tables since the spills happen because you are using the table to hold food that is also part of the use of the table. Binat Tzvi p. 78 and Rav Azriel Auerbach in Bnetivot Hahalacha 342:292 agree that spills are including in the majority use since they come because of the regular use.<br />
* Chut Shani Pesach p. 125-6 based on Gra answers that it is a utensil that is designated to be used for iruy. The fact that is used for cold doesn't relate to the use of spills since when it is used for cold or to hold a plate it doesn't absorb anything. Therefore, its use in terms of absorptions is only for spills and as such its majority of use requires it to have hagalah with iruy. However, he is troubled by Shulchan Aruch 451:25 who says that cups can just be cleaned since they are used for a majority of cold. He simply posits that if they were ever used for hot they couldn't be used without koshering.<br />
* Darkei Chachma 74:3 has another theory. Since spills aren't part of the use of the table they can't be judged as part of the majority or minority use.<br />
</ref><br />
# One can use a tablecloth that is used all year for Chametz for Pesach as long as it is clean. If it has stains on it from food it is better not to use.<ref>[https://www.torahanytime.com/#/lectures?v=106099 Rabbi Shmuel Fuerst (min 7)]</ref><br />
<br />
==Microwaves==<br />
# Microwave which heat up food like an oven are cleansed like an oven by having it cleaned from all Chametz, left unused for 24 hours, and then heated to it’s highest temperature for an hour. <ref>Yalkut Yosef (Kitzur S”A 451:10) </ref><br />
# Microwaves which are used to heat up food by radiation then if the microwave walls are made out of metal, many hold that one can kasher the microwave by cleaning it thoroughly and boiling a cup of water in the microwave until it steams. If the walls are made out of plastic, many say that one can follow the above procedure and then cover the food put in the microwave on [[Pesach]]. <Ref> The Mishna (Avoda Zara 75b) writes that utensils, which absorbed the taste of forbidden food through fire, can be purified through Libun. Tosfot (Chullin 8a s.v. SheLivna) explains that since when chametz is absorbed into the utensils before [[Pesach]] the chametz taste was permitted, utensils that usually required Libun, can be kashered with Hagalah. The Ran (Pesachim 8b s.v. Devarim) explains that the Rif considers chametz taste to be a forbidden taste since it has a status of chametz even before [[Pesach]]. Although S”A and Rama 451:4 rule stringently, the Mishna Brurah 451:32 notes that in some cases we rely on the lenient opinions.<br />
* Yalkut Yosef (Moadim p. 600-8, [[Pesach]] p. 38) writes that if a microwave is used mostly to reheat and the walls of the microwave don’t reach a temperature of Yad Soledet Bo, one could kasher it by heating up a cup of water with some soap in the microwave for a few minutes. <br />
* He explains that since most of the time the microwave doesn’t reach Yad Soledet Bo it may not require kashering. Even if it does reach Yad Soledet Bo, heating up water in the microwave until it steams up the microwave is considered Hagalah. He reasons that steam suffices since the taste was only absorbed through steam. He adds several other reasons to be lenient with absorptions through steam such as perhaps the walls don’t absorb through steam, perhaps steam applies only to liquid foods, and perhaps steam absorptions are only d’rabanan altogether. He adds that it is still preferable to cover foods on [[Pesach]] in the microwave. Lastly, if the microwave is mostly used to cook or is a commercial microwave that is used very frequently and the walls usually reach Yad Soledet Bo, it shouldn’t be used on [[Pesach]]. <br />
* Rav Moshe Feinstein (quoted by Halachos of [[Pesach]] p. 182) agreed that a microwave can be kashered with steam just as it absorbed through steam. Rav Mordechai Willig (“Shiur 64 – Pesachim” min 66-8) agrees if the walls are metal the microwave can be kashered with steam, but if the walls are plastic it shouldn’t be kashered. Rav Hershel Schachter (“Kashering the Kitchen for [[Pesach]]” min 10-13) said that if the walls are plastic one could kasher it with steam as long as one covers one’s food on [[Pesach]] because it is improbable that forbidden taste is transferred in the air. Similarly, Rav Shimon Eider (Halachos of [[Pesach]] p. 182) writes if the walls are plastic one may cover the interior completely and cook in it when the food is covered. </ref><br />
==Dishwasher==<br />
# If the walls of the dishwasher are made out of plastic or porcelain, many hold that one cannot kasher the dishwasher. <Ref> Rav Hershel Schachter (“Kashering the Kitchen for [[Pesach]]” min 13-15) said that dishwashers which have a plastic or porcelain walls can not be kashered for [[Pesach]], however, the stainless steel ones can kashered but one must be sure to remove all the particles of chametz stuck in the drain. Halachos of [[Pesach]] (p. 175) agrees. See, however, Yalkut Yosef (451:11) who writes that dishwashers can be kashered by cleaning it well and running an empty cycle with soap. </ref><br />
# According to Sephardim, a dishwasher, which is used with soap, can be used on [[Pesach]] after cleaning it well. It is preferable to run a cycle without dishes with soap. <Ref> Yalkut Yosef (Kitzur S”A 451:11), Yalkut Yosef (Pesach v. 38) </ref><br />
<br />
==Pots and Pans==<br />
<gallery mode="packed-hover"><br />
Sous vide.jpg| Sous Vide Cooker<br />
Pot with Rolled Lip.jpg| Pot with Rolled Lip<br />
Rolled Lip.jpg| Rolled Lip up Close<br />
</gallery><br />
# Frying pans which one uses with a little oil should be koshered with Libun<ref>Shulchan Aruch Y.D. 121:4 writes that a frying pan can be koshered with hagalah for Pesach. He repeats this in 451:11. Also, Shach YD 121:8 is lenient to allow hagalah for a frying pan for Pesach and cites the Rama Mpano 96 to support this. Although in YD the Rama doesn't comment, in O.C. 451:11 he quote some rishonim who require libun. He concludes that there's a minhag to do libun but the strict halacha is that hagalah is enough. Biur Halacha 451:11 s.v. muteret defends the position of the majority of rishonim that hagalah is sufficient and concludes that after the fact certainly hagalah works. <br />
* The Rosh Pesachim 3:7 quotes a dispute between the Raavan and his grandson the Ravyah whether a frying pan needs hagalah or libun. The Ravyah held hagalah since it is used with oil and quotes the Tosefta Avoda Zara 9:2 to this effect. The Rosh, Mordechai Pesachim 577, Hagahot Maimoniyot 5:23:1, and Tur 451:11 accept the Ravyah. [http://www.hebrewbooks.org/pdfpager.aspx?req=8922&st=&pgnum=261 Rashba Torat Habayit 35a] held like the Raavan that libun is necessary.</ref> but according to Sephardim one has what to rely on to kosher it with Hagalah. <Ref>Yechave Daat 1:7, Chazon Ovadyah (pg 134). [https://www.torahanytime.com/#/lectures?a=106484 Rav Yitzchak Yosef (Vayikra 5780 min 6)] said that Sephardim hold that a frying pan only needs hagalah since majority of its use is with liquids. (Another factor that is relevant is that chametz according to some rishonim is hetera baala.)</ref> <br />
# However, frying pans used without any oil need libun.<ref>Bet Yosef 451:11</ref><br />
# Pans used to bake cakes with a little oil should not be used on [[Pesach]] because doing Libun on it will break it but still according to Sephardim one has what to rely on to do Hagalah. <Ref>Yechave Daat 1:7, Yalkut Yosef (Kitzur S”A 451:13) </ref><br />
# A Sous-vide cooker can be koshered with waiting 24 hours and Hagalah.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Willig (min 35)]</ref><br />
# A pot with a rolled lip or rim should either not be kashered because there is grease or food stuck within that rim that is hard or nearly impossible to completely remove<ref>[https://oukosher.org/content/uploads/sites/2/2020/03/Whole-guide-2020-low2.pdf OU (Pesach Guide 2020 p. 18)]</ref> or one can kasher it with hagalah after having made that grease or food inedible by pouring bleach on that area.<ref>Piskei Teshuvot 451:15 citing Sefer Hagalat Kelim 6:4</ref><br />
#Pot covers should be kashered with hagalah and this opinion is primary.<ref>Shulchan Aruch O.C. 451:14</ref> Some poskim require libun for a pot cover where the pot is sometimes used to cook dry foods like rice.<ref>Chut Shani Pesach second edition p. 130</ref> Also, some allow kashering it with steam such as by simply placing it on top of a pot of boiling water.<ref>Hechsher Kelim p. 178 by Rav Avram Edrey cites Pri Chadash 121:15, Bet Lechem Yehuda 121, Levushei Mordechai OC 72 who allow using zeyia to kasher the pot covers. However, he also cites the Sdei Chemed Hey n. 24 and Shoel Umeishiv 3:3:125, 5:4 as arguing that zeyia doesn't work. He concludes that the main opinion is that one shouldn't use zeyia to kasher.</ref><br />
<br />
==Other==<br />
#One should purchase new baby bottles for [[pesach]]. <ref> http://www.star-k.org/kashrus/kk-passover-kashering.htm </ref><br />
# A person should kasher a kiddush cup for Pesach.<ref>[https://oukosher.org/halacha-yomis/how-do-i-kasher-a-silver-kiddush-cup-for-pesach/ OU]</ref><br />
#According to Sepharadim, dentures need only be cleaned well.<ref>Yechave Daat 1:8</ref><br />
<br />
==Nullification==<br />
# Something nullified before Pesach according to Sephardim remains permitted on Pesach. According to Ashkenazim if it was liquid ingredients it remains nullified but if it was a mixture of dry ingredients the nullification is undone when Pesach begins.<ref>Sh"t Ran 59 and Raavad in Tamim Deyim 36 write that chametz is nullified before Pesach and remained nullified. Their proof that something permitted can be nullified and stay nullified is the Mishna Kelayim 9:1. Rabbi Akiva Eiger 1:38 and Pri Chadash 447 asks that it isn't a proof is kilayim is always a prohibition as opposed to chametz. Chida 447 quotes someone who answers that on erev pesach it becomes nullified. However, Yalkut Yosef Moadim sh"t siman 2 and Yabia Omer O.C. 2:23 write that perhaps the opinion of the Rambam is that there's chozer vneer with chametz on Pesach since he holds chametz on erev pesach isn't nullified.</ref><br />
# If one piece of solid Chametz was mixed into two mixed of solid non-Chametz, such as if one Chametz cookie was mixed with two kosher lpesach cookies, one may not eat or benefit from any of the pieces.<ref>The Shulchan Aruch OC 447:9 quotes a dispute whether we say that for solid items there is nullification for chametz. The primary opinion is strict.</ref><br />
# If a piece of food absorbed a taste of chametz even if that piece has sixty times that amount of chametz it absorbed it is forbidden to eat. If that piece was mixed with two other pieces of non-Chametz food some poskim hold that all of the pieces are permitted since the piece that absorbed chametz is nullified. However, other poskim are strict that there's never nullification even though there is a minuscule absorption of chametz in one of the pieces.<ref>The Levush YD 92 writes that if a piece of food absorbed a taste of chametz and was mixed with non-chametz foods it is nullified one in two. However, the Taz YD 92:16 argues that since there's no nullification of solid items with chametz (Shulchan Aruch 447:9) the same is true with pieces that absorb the taste of chametz. Nekudat Hakesef answers that Shulchan Aruch was only strict not to have nullification if the piece of chametz was real chametz but not if it just absorbed a taste of chametz that would have been nullified if not for the fact that it is chametz. Mishna Brurah 447:93 cites this dispute and seems to conclude that we're strict.</ref> If that piece absorbed a taste of chametz more than one in sixty then it is forbidden and forbids a mixture of two kosher pieces.<ref>Mishna Brurah 451:111</ref><br />
# If a liquid mixture absorbed chametz and it was nullified one in sixty it is still forbidden since chametz makes something forbidden in any amount. Even if a bit of that mixture then mixes into another liquid mixture that second mixture is completely forbidden.<ref>Taz YD 92:16 explains that even though we generally don't have two mixtures made forbidden in any amount (תרי משהוין לא אמרינן) for liquid mixtures even the second one is forbidden since part of the first mixture is mixed into the second one. Nekudat Hakesef agrees. Mishna Brurah 467:38 codifies this.</ref><br />
# If a food absorbed a taste of chametz on Pesach and there was sixty times the volume of the chametz in the permitted food, the whole piece is forbidden. If that piece was cooked with other pieces, according to some poskim, if there's sixty times that original piece it wouldn't render them forbidden. According to most other poskim all of them are forbidden.<ref>Taz 92:16 is lenient since the first piece was only forbidden in a minuscule amount it wouldn't render the cooked mixture forbidden (תרי משהוין לא אמרינן). Dirshu quotes two reasons for the Taz. Either the minuscule amount in the first piece physically can't come out (Rabbi Akiva Eiger 92:3, Pri Megadim YD 92:16) or there's halachically not enough strength in a minuscule amount to forbid the second mixture (Yad Yehuda 92:17, Chazon Ish 34:1). Shach in Nekukdat Hakesef YD 92 argues. Birkei Yosef 447:1 and Mekor Chaim 447:17 are strict.</ref><br />
# Some people buy water before Pesach so that any tiny crumb that is in the water sources are nullified before Pesach. However, the halacha is that it isn't necessary.<Ref>[https://www.torahanytime.com/#/lectures?v=105777 Rav Yitzchak Yosef (Motzei Shabbat Vayahekel Pekudei 5780 min 33-37)] explained that the crumbs are nullified and in a state that it is impossible to come to give any taste. Therefore they are nullified even on Pesach.</ref><br />
===Using Chametz Pots for Pesach Foods before Pesach===<br />
# According to Sephardim, if one cooked in a Chametz pot that was clean from any actual chametz, the food one may in there can be consumed on Pesach.<ref>Yabia Omer 10:35:18 and 10:35:21 writes that we rely on nat bar nat for chametz ben yomo utensils into pesach foods only after the fact. Yalkut Yosef (Pesach 5771 447:29) agrees. Yachava Daat 1:11 also permits and it isn't clear if he would allow even initially. [https://www.torahanytime.com/#/lectures?a=106484 Rav Yitzchak Yosef (Vayikra 5778, min 26-7)] explained that it is only nat bar nat of Chametz to use the utensils for Pesach foods and from Shulchan Aruch O.C. 452:1 holds that nat bar nat is permitted for chametz before Pesach. Also, he explained that nat bar nat is permitted even initially. According to Chazon Ish 119:14 it isn't a contradiction to the question of hetera baala with respect to how to kasher kelim (451:1).</ref><br />
<br />
==Noten Taam Lifgam==<br />
===Chametz on Pesach===<br />
# If someone cooks kosher for Pesach food in a Chametz pot that wasn't used within 24 hours, according to Sephardim is permitted, while according to Ashkenazim is forbidden.<ref>Shulchan Aruch OC 447:10 holds noten taam lifgam on pesach is permitted, while the Rama argues. Ravyah 2:464 s.v. upeliya holds that noten taam lifgam is forbidden for chametz. [https://itorah.com/daily-halacha/lecture/pesah-if-one-mistakenly-cooked-food-on-pesah-in-a-hametz-pot/3799 Rabbi Mansour] is lenient for Sephardim.</ref><br />
===Chametz on Erev Pesach===<br />
# Chametz on the Erev Pesach if it is a solid mixture it is nullified one in two and if it is a liquid mixture it is nullified one in sixty.<ref>Shulchan Aruch 447:2, Mishna Brurah 447:93. However, Shach YD 92 in Nekudat Hakesef argues that chametz on Erev Pesach isn't nullified at all since it is a dvar sheyesh lo matirin like the Rambam.</ref><br />
===Chametz after Pesach===<br />
# Chametz that a Jew owned on Pesach is forbidden. If it was mixed with kosher food if it is a solid mixture it is nullified one in two and if it is a liquid mixture it is nullified one in sixty.<ref>Shulchan Aruch OC 447:11</ref> In a case of great financial loss even a liquid mixture is nullified in a majority.<ref>Mishna Brurah 447:105 based on the Magen Avraham. Interestingly see the Shach in Nekudat Hakesef YD 92 who assumes that chametz after Pesach isn't nullified at all.</ref><br />
<br />
==Links==<br />
* [http://www.yutorah.org/lectures/lecture.cfm/733537/rabbi-hershel-schachter/kashering-the-kitchen-for-pesach/ Kashering the kitchen for pesach] by Rabbi Hershel Schachter<br />
* [http://www.yutorah.org/lectures/lecture.cfm/718083/rabbi-zvi-sobolofsky/kashering-keilim-for-pesach/ Kashering keilim for pesach] by Rabbi Zvi Sobolofsky<br />
* Article on [http://www.yutorah.org/lectures/lecture.cfm/723213/rabbi-josh-flug/kashering-utensils-for-pesach/ Kashering utensils for pesach] by Rabbi Josh Flug<br />
<br />
==Sources==<br />
<references/><br />
[[Category:Pesach]]</div>YitzchakSultanhttps://halachipedia.com/index.php?title=Interest_with_Non-Jews&diff=25522Interest with Non-Jews2020-04-07T21:01:00Z<p>YitzchakSultan: /* Non-Jew Borrowed from Jew with Collateral and Jewish Agent */</p>
<hr />
<div><br />
=Who can you take interest from?=<br />
==Non-Jews==<br />
# It is permitted to lend to and borrow from non-Jews with interest.<ref>The Gemara Bava Metsia 70b states that it is permitted to charge non-Jews ribbit and there is only a rabbinic prohibition to do so. The reason the rabbis forbade it is that they didn’t want people to learn from the non-Jews by interacting with them too much. They only permitted it for a talmid chacham or someone who needs to make money to survive. This is codified by the Rambam and Rif. However, Tosfot 70b s.v. tashich writes that today we lend with interest to non-Jews for three reasons: 1) we follow the opinion that there’s no rabbinic prohibition to lend to non-Jews at all. 2) Due to the high taxes we have to charge non-Jews interest otherwise financially wouldn’t survive and it is considered necessary for our livelihood. 3) Really based on the reason of the prohibition it is prohibited to do any business with non-Jews and if we didn’t do that we wouldn’t survive. Meiri b”m 70b agrees with reason two. Tur YD 159:1 cites the last reason of Tosfot. Shulchan Aruch and Rama Y.D. 159:1 simply writes that nowadays it is permitted to lend non-Jews with interest.</ref><br />
#Nowadays in Israel it is forbidden to lend non-Jews money with interest since it is possible to do business with Jews exclusively. Yet it would be permitted in order to make a livelihood but not to make oneself wealthy.<ref>Netivot Shalom YD 159:1:16 writes that today in Israel since it is possible to do without lending non-Jews with interest it is unclear if it is permitted to do so nowadays. Additionally, Rav Moshe Halevi in Malveh Hashem 5:3 writes that Jews who live in Israel should be strict not to lend non-Jews with interest since it is possible to transact with Jews and be financially stable. He explains that none of the reasons of Tosfot apply today except that perhaps we don't hold that there's any prohibition which is rejected. Similarly, Rav Shlomo Mazuz in Kerem Shlomo 159:8 is strict. Rav Ovadia Yosef in Halichot Olam v. 8 p. 3 writes that we hold that as long as it is difficult to do business only to Jews it is permitted in accordance with Tosfot, however, we do not hold that once the gezerah stopped applying it is nullified completely.</ref> Some poskim are lenient even in Israel.<ref>Chut Shani 2:1 p. 39 writes that even nowadays it is permitted to lend a non-Jew with interest even though in Israel we can support ourselves without business to non-Jews. Since there is some business with non-Jews and non-religious Jews the leniencies are still relevant. Chelkat Binyamin 159:10 (written in America) is lenient in all cases.</ref> <br />
# Even outside Israel one should be strict if one can.<ref>Chachmat Adam 130:6 writes that any honest man who could avoid taking interest from non-Jews should do so.</ref> Some say that for an impersonal bank it is permitted since one hardly interacts with the non-Jews.<ref> Chelkat Binyamin 159:1 s.v. vhaidna writes that one doesn’t have to be strict for the Chachmat Adam if one is lending to a bank and one only has to interact with them minimally.</ref> <br />
#It is permitted to borrow with interest from non-Jews.<ref>Rambam Malveh Vloveh 5:2 explains that they never prohibited it lest one come to learn from their ways since it is normal for a borrower to avoid the lender and not learn from him. Meiri b”m 70b agrees. Chazon Ovadia Shabbat v. 1 p. 7 and Malveh Hashem 5:5 codify this as the halacha.</ref><br />
<br />
==Non-Religious Jew==<br />
# It is permitted to lend to a non-religious Jew with interest if he was brought up religious and later became non-religious.<Ref>Shulchan Aruch 159:2</ref> Initially this should be avoided.<ref>Rama 159:2</ref><br />
# One may not lend a non-religious Jew who is raised as a non-religious Jew with interest.<reF>Shulchan Aruch and Rama 159:3 forbid lending with ribbit to someone who is a tinok shenishba. Gemara Shabbat 68b clarifies that a child who was captive among non-Jews (tinok shenishba) and didn't know about Shabbat is considered as though he sinned unintentionally. Brit Yehuda 30:12 agree. Rambam Mamrim 3:3 writes that the sons of the karaites who were brought up with the mistakes of their parents aren't considered minim but should be returned in teshuva. (Yet, see the manuscript editions which include another few words that alter the meaning of the Rambam.) Pirush Mishnayot Chullin 1:2 writes that someone who reject tenants of our faith are considered minim. However, someone who was born into a family and background with such thoughts aren't culpable and are similar to a tinok shenishba. Binyan Tzion Chadashot 23 posits that many of the non-religious Jews today are considered tinok shenishba since they're following the ways of their fathers. <br />
* Chazon Ish YD 1:6 writes that once we try to teach him about the Orthodox ways and he turns it down he is considered to be a mumar. The amount of effort necessary to spend in trying to teach him is subjective and is left up to the judgement of the rabbis of each generation. Additionally, once he is aware of the Orthodox Jews and practices even without trying to teach him he can be considered a mumar. However, that too depends on how aware he was of the Orthodox Jews and to what degree and with what intensity his parents taught his otherwise. This is the basis for the dispute whether Karaites are mumarim. </ref> This applies to conservative and reform Jews today.<ref>Igrot Moshe 4:91:6, Chelkat Binyamin 159:22</ref><br />
# Some say that it is permitted to lend the Karaites with interest.<ref>Shulchan Aruch 159:3. Bet Yosef 159:3 cites the Pirush Mishnayot Chullin 1:2 where the Rambam says that karaites are like tinok shenishba and it is forbidden to lend them with interest. Bet Yosef points out that the Nemukei Yosef 42b quotes the Ri who says that anyone who once recognized Orthodox Jews isn’t a tinok shenishba disagrees with this Rambam. Shulchan Aruch follows the Rambam. However, the Shach 159:6 cites the Maharshal, Maharnach 113, Rash quoted by Mabit 1:38, Rav Betzalel 3 who are strict. Nekudat Hakesef he writes that the halacha on this matter is unresolved. Chelkat Binyamin 159:21 concludes with the Graz who is strict.</ref><br />
<br />
==Arrangements of Loans Between Several Parties==<br />
===Lending A Non-Jew's Money to A Jew with Interest===<br />
# If a person borrowed money from a non-Jew with interest it is forbidden to then lend that money to another Jew with interest.<ref>Shulchan Aruch Y.D. 168:1</ref><br />
# If a person borrowed money from a non-Jew with interest and then before he returns it another Jew wants that loan and is willing to pay the interest to the non-Jewish lender, one may only give that loan to the second Jew under one of two methods. Both of these methods free the first Jew from any financial relationship with the second Jew:<br />
## The non-Jew tells the first Jew to leave the money in a certain location and he will be exempt<ref>Although Shulchan Aruch 168:3 hold that it is sufficient for the non-Jew to state that you can leave the money in a certain location for the second Jew and it is understood that he is exempt from the loan obligation, Shach 168:7, Taz 168:3, and Gra 168:6 all hold that it is necessary to state so explicitly.</ref> and then the second Jew takes it from there.<ref>Shulchan Aruch Y.D. 168:3</ref> <br />
## The first Jew returns the money to the non-Jew and he then gives it to the second Jew. No words need to be spoken since it is understood that when the non-Jew took the money from the first Jew he was exempting him from his loan.<ref>Shulchan Aruch Y.D. 168:2</ref><br />
## It isn't a solution for the non-Jew to simply tell the first Jew to hand the money over to the second Jew and he'll be exempt since that appears as though the two Jews lent money with interest.<ref>Shulchan Aruch Y.D. 168:1</ref><br />
===Lending with Interest with a Non-Jewish Agent===<br />
# A non-Jew who borrowed from a Jew and is ready to return the money, if he finds another Jew to borrow that money with interest can give it to him with interest. However, if the non-Jew brought the money to the lender Jew he can't lend it to another Jew since that considered a loan between the lender and the other Jew with interest. Obviously this is forbidden if the non-Jew actually gave the money back to the lender that the lender may not lend that money to a Jew with interest. Additionally it is forbidden if the non-Jew put the money on the ground for the other Jew to pick up and the lender stated that the non-Jew would be exempt once he placed the money on the ground. These are all considered Biblical interest.<ref>Gemara Bava Metsia 71b, Shulchan Aruch Y.D. 168:6</ref> However, if the non-Jew simply hands the money to the borrower Jew in the presence of the lender Jew, most rishonim hold that this is rabbinically forbidden since the non-Jew is an agent of the borrower. However, there is a minority opinion in the rishonim who allows this.<ref>Rashi Bava Metsia 71b s.v. v'im explains that the conclusion of the Gemara was that there is a concept of agency for two Jews to create a loan between them with interest. This is rabbinically forbidden. This is the opinion of the Rif, Ramban, Rashba, Ran, and Nemukei Yosef all cited by the Bet Yosef 168:6. The Rambam Malveh Vloveh 5:4 however holds it is Biblically forbidden. On the other hand, Rabbenu Tam held that the gemara backed out of that stringency and so it is permitted. Rosh responsa 108:11 ponders how someone could possibly rule like Rabbenu Tam when it seems that it is forbidden and Rabbenu Tam brought no proofs. Either way, there the Rosh rejects following Rabbenu Tam initially. He is aware of the practice of some people to follow Rabbenu Tam but he argues that it is incorrect and the lender could only accept the interest if he is unaware that the non-Jew is borrowing the money for the other Jew.</ref> The halacha is not to accept this minority opinion.<ref>Shulchan Aruch Y.D. 168:6 completely rejects Rabbenu Tam's opinion. Rama 168:5 and 7 cites Rabbenu Tam however he says that one should only follow that opinion where there is a minhag. Chelkat Binyamin 168:51 writes that we don't follow the Rabbenu Tam since it is a question of Biblical interest.</ref><br />
# It is forbidden for a Jew to arrange with a non-Jew to lend your money to him in order that he lend it to another Jew with interest.<ref>Rashba teshuva 3:243 writes that it is forbidden to lend your money to him in order that he lend it to another Jew with interest since that is a mere legal fiction and is considered taking interest. Also, there is a concept of shelichut for a non-Jew to be considered a shelichut for purposes of being strict. That is, the rabbis view this transaction as though the non-Jew is an agent of the Jews and it is a loan between two Jews. Shulchan Aruch Y.D. 168:5 rule like the Rashba. The Shach 168:10 points out that the Rama would agree as well. Malveh Hashem 1:5:12 agrees. However, the Netivot Shalom 168:5:5 argues at length that the Rama never accepted this approach of the Rashba who expanded the concept of legal fictions for ribbit. The entire concept of Rabbenu Tam who allowed having a non-Jewish agent to arrange the loan with interest or Rashi's opinion who allowed a Jewish agent to arrange the loan with interest, both of which are cited by the Rama indicate that he was not concerned with the expansions of the Rashba. This is further supported by the fact that the Rama 168:5 implies that the reason for Shulchan Aruch is completely other than the reason of making a legal fiction out of taking interest. Netivot Shalom brings sources that show that there's a fundamental dispute of how far reaching is prohibition of using legal loopholes in interest (haramat ribbit) between the Maharam and Rashba. Netivot Shalom 166:6:13 extends this discussion to that of using a heter iska and the Gra's opinion that it violates haramat ribbit.</ref> After the fact it is forbidden to take the interest since the non-Jewish agent is merely a ruse and it was really a loan with interest from a Jew.<ref>Netivot Shalom 168:5:6 explains that the haramat ribbit that the Rashba was discussing was because the real intention of the parties was to create a loan between the two Jews and so it is completely ribbit, which is forbidden even after the fact. However, the Malveh Hashem 1:5:12 writes that this haramat ribit of the Rashba is purely legal fiction that is valid, though it is forbidden to arrange. Therefore, if it was already collected certainly it doesn't need to be returned.</ref><br />
#If the lender didn't know about the fact that the borrower appointed the non-Jew to borrow for him from a Jew with interest he can keep the interest<ref>Shulchan Aruch Y.D. 168:7</ref> and some allow him to even collect the interest once it was arranged.<ref><br />
* Derisha 168:4 explains that it is absolutely forbidden for the lender to make the borrower pay the interest since it is forbidden for the borrower to pay it, however, it already happened then the lender can keep it. <br />
* Shach 168:17 argues that it is permitted for the lender to make the borrower pay the interest since it was done without his knowledge and in such a case it isn't really forbidden for the borrower with respect to the lender. Chelkat Binyamin 168:55 and 57 rules like the Shach and explains that once the lender wasn't aware of the appointment of the non-Jew by the borrower it isn't forbidden for the borrower to pay the interest. The only aspect that was forbidden is the arrangement of the loan. <br />
* Netivot Shalom 168:7:6 writes that the Teshuvat Ri doesn't imply like the Derisha at all. Netivot Shalom 168:7:6 reads the Bet Yosef in accordance with the Derisha. However, the Chelkat Binyamin (168 Tziyunim 136) argues that the Bet Yosef held like the Shach.</ref> Sephardim are more strict and only allow this completely after the fact that the interest was collected.<ref>Horah Brurah 168:31. There he mentions the idea that the Bet Yosef suggests which is if the lender doesn't know from witnesses that the borrower appointed the non-Jew to be his agent and the borrower himself since he didn't appoint the non-Jew then the lender could collect the interest. Horah Brurah concludes that one may only rely upon this after the fact.</ref><br />
# If a Jew told a non-Jew to borrow for him from another non-Jew with interest and he went and borrowed from a Jew with interest the borrower can even pay the interest.<ref>Mordechai b"m 337, Shulchan Aruch Y.D. 168:8. Shach 168:19 and Taz 168:9 argue that just like the lender can collect the interest the borrower can pay it. However, it appears from the Bet Yosef that only the lender can collect it but it is forbidden for the lender to collect it. Horah Brurah 168:34 follows the Shach and Taz that if the non-Jew didn't follow the orders of the borrower it is then permitted for both the lender and borrower to exchange the interest at the end.</ref><br />
===Non-Jew borrowing with Interest from a Jew through a Jewish Agent===<br />
# If a non-Jew asks a Jew to borrow for him from another Jew with interest the Jewish agent may do his job as long as he says clearly that he is borrowing with interest on behalf of a non-Jew or the transaction is happening in the presence of the non-Jew.<ref>Ran b"m 71b s.v. mahu, Nemukei Yosef 42a, Hagaot Ashri 5:42, Rosh responsa 108:5, Raavan 103, and Smak 260 all cited by Bet Yosef 168:13. Baal Hatrumot 46:4:10 citing Ramban b"m 71b s.v. vgoy explains that even though the Jewish agent can't halachically become the agent of the non-Jew since there's no agency for non-Jews, the Jewish agent can be the agent of the lender.</ref> <br />
# The agent can't take upon himself responsibility for the capital or the interest. If he takes upon himself responsibility for either one that is considered as though the agent is a borrower and there is interest when the lender takes interest from the borrower.<ref>Shulchan Aruch 168:13</ref><br />
# The agent can't take upon himself responsibility for the collateral getting lost or stolen, rather the lender needs to take such responsibility. If he takes upon the regular type of responsibility as a [[shomer]] would generally take that is permitted. However, he may not take responsibility for unexpected circumstances.<ref>Shulchan Aruch Y.D. 168:16 based on the Rosh in disagreement with the Ramah who allowed taking even responsibility for unexpected events. </ref> If they didn't specify this responsibility and it was left unclear, after the fact, we can assume that the Jewish lender and the agent would want to arrange it in the permitted fashion.<ref>Shach 168:36 citing Bach, Baal Hatrumot 46:4:10 citing Ramban</ref><br />
# If the non-Jew never comes to pay the loan with the interest the agent may not pay it.<ref>Shulchan Aruch Y.D. 168:14</ref><br />
## Additionally, the lender may not force the agent to buy the collateral for the price of the capital and interest.<ref>Rama 168:14, Shach 168:47, Taz 168:20, Bach 168:15, Chelkat Binyamin 168:148. According to the Taz this is even the opinion of Shulchan Aruch, but according to the Shach and Bach this is only the opinion of the Rama and Shulchan Aruch would disagree.</ref><br />
## However, if the agent wants to buy the collateral for the capital and interest he can do so.<ref>Rama 168:14, Shach 168:47, Taz 168:20, Bach 168:15</ref><br />
# If the non-Jew never comes to pay the loan the lender can sell the collateral and keep the value. The agent can't stop the lender from doing so out of fear of the non-Jew since the lender isn't really incumbent to the agent or the non-Jew.<ref>Shulchan Aruch Y.D. 168:15, Rosh responsa 108:6</ref> Some say that if the agent was originally appointed by the lender to do this loan with the non-Jew, then if the agent is afraid of the ramifications of the lender selling the collateral, then the lender must listen and if he doesn't then he must pay for damages to the agent.<ref>Levush 168:15, Shach 168:50, Chelkat Binyamin 168:156. The explanation of the Levush is that essentially since the agent isn't a borrower he can tell the lender to do or not do something and that poses no issue. The lender should be cautious of the damages that can occur to the agent, however, if the agent arranged with the non-Jew and not the lender, then the lender doesn't have to be concerned. It is the responsibility of the agent. If the agent was originated commissioned by the Jewish lender then it is a concern for the lender that he doesn't cause a damage to the agent. The Taz 168:20 and Bet Meir disagree with the Levush. They hold that the lender doesn't have to listen to the agent in any event. They explain that the source for this halacha is the Rosh and he held that the borrower shouldn't take any responsibility for the collateral and yet he writes that he doesn't need to listen to the agent. Shach in Nekudat Hakesef 168:14 answers that these are two separate statements of the Rosh. The Bet Meir doesn't understand the Shach since the Rosh either way would discuss a permissible case according to his opinion.</ref><br />
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===Lending with Interest from a Non-Jewish with a Jewish Agent using a Security Deposit===<br />
[[Image:Taking Mashkon from Non-Jew.png|300px|right]]<br />
[[Image:Returning Mashkon to Non-Jew.png| 350px| right]]<br />
# Some permit borrowing from a non-Jew with a security deposit so that they can in turn borrow with interest from another Jew with that security deposit. This is permitted since the non-Jew takes responsibility for the original loan and it is treated as two loans and not one. Ashkenazim can rely on this opinion.<ref>Ri cited by Rosh b"m 5:55, Rosh responsa 108:11, Rama 168:8 seems to support this approach. Darkei Moshe 168:4 quotes the Mordechai and Hagahot Ashri who held that it is permitted even initially. Darkei Moshe 168:9 cites the Kol Bo 84 and Hagahot Maimoniyot Malveh 5:3 who says that the minhag was like the Ri</ref> Others hold that generally this is forbidden to arrange but if one explicitly tells the non-Jew that he has responsibility for the loan then it is permitted.<ref>Ramban b"m 71b s.v. vbar cited by Tur 168:9, Rashba 7:321, Nemukei Yosef 42a, Talmidei Harashba, and Baal Hatrumot 46:4:10 s.v. vkatav alav haramban cited by Bet Yosef 168:9</ref><br />
# Even according to the strict opinion, a lender to a non-Jew with interest who collected a deposit from him which came originally from a Jew can collect the interest as long as he isn't certain that it was arranged improperly.<ref>Ri, Rosh, Shulchan Aruch 168:9. Chelkat Binyamin 168:63 explains that essentially there's two schools of thought regarding a loan with a security deposit from one Jew to another Jew with a non-Jew in between. The Gra and Levush understand that this depends on whether one may set up a non-Jew agent between two Jews who are transacting with interest. The Shach, Taz 168:14, and Chavot Daat 168:12, on the other hand, think that the security deposit poses its own problem in that it functionally creates a lien of the Jewish lender upon the original borrower Jew. This could be solved if the non-Jew acquired the deposit from the non-Jew in an absolute fashion.</ref> Some say that he may not collect the interest if he knew that it was a Jewish security deposit such as if it is a Jewish article of clothing.<ref>Tur 189:9, Shulchan Aruch 168:9. Bet Yosef 168:9 s.v. yisrael shnatan notes that the Mordechai 338 held within the opinion of Rabbenu Tam that it doesn't matter whether the deposit was clearly Jewish or not.</ref><br />
# If the original Jew wants to get his security deposit back from the other Jew who lent to the non-Jew and the non-Jew isn't cooperating, the lender Jew doesn't need to work with the borrower Jew since they didn't have any transaction one to another.<ref>Rosh responsa 108:8, Rama 168:9</ref><br />
# If a Jew has a security deposit of a non-Jew in his hands and the non-Jew direct him to use it to borrow from another Jew with interest on his behalf, the first Jew may do so.<ref>Mordechai 337 writes that a Jew can use a non-Jew's security deposit to borrow from a Jew with interest if he is instructed so by the non-Jew. The Mordechai seems to apply this even to the case where the Jew didn't have the non-Jew's deposit but instead wanted to gift him a deposit of his own for its value. The Bet Yosef is troubled by this leniency since there's no mechanism by which the non-Jew is actually acquiring the deposit. Taz 168:14 gives a nuanced explanation that it was sold to the second Jew with a condition that the non-Jew could buy it back. Bach 168:13 and Nekudat Hakesef 168:11 explain that once a owner admits to the fact someone else owns his item it halachically belongs to that person (''kinyan odita'') and that is sufficient to remove the prohibition of ribbit. Either way, the Rama 169:11 concludes that we assume that it is impossible to gift a deposit to a non-Jew without him making a physical [[kinyan]] such as meshicha.</ref><br />
====Jew Borrowed from Non-Jew and then Non-Jew Borrows from Jew====<br />
# If a Jew borrowed from a non-Jew with a collateral and then the non-Jew for his own purposes borrowed from another Jew with the same collateral it is permitted for the second Jew to collect interest from the non-Jew, even if the non-Jew will in turn force the first Jew to pay interest.<ref>Tur 168:20 quotes the Baal Haitur that if a Jew borrowed from a non-Jew with a collateral and now the non-Jew is borrowing from another Jew with the same collateral the second Jew may not accept the interest from the non-Jew since it is as though it is coming from the Jew. However, the Rosh Pesachim 2:10 and Rashba 3:229 disagree. Once the Jew borrows from the non-Jew it is completely permitted and if the non-Jew then borrows from another Jew that is disconnected. The Bet Yosef 168:20 cites the Ran b”m 71b s.v. veharamban and Baal Hatrumot 46:4:10 who side with the Baal Haitur. Yet, the Baal Hatrumot adds that if the non-Jew accepts responsibility for the loan he’s taking from the second Jew it is permitted. Shulchan Aruch 168:20 cites the Rosh and Rashba as the main opinion and the Baal Haitur as some say.</ref><br />
<br />
====Non-Jew Borrowed from Jew with Collateral and Jewish Agent====<br />
#A Jewish agent brought a collateral from a non-Jew to another Jew in order to borrow with interest. After the loan is due, the lender Jew can ask the agent to show him which non-Jew he lent to but can not ask the agent to pay for the asked the agent to redeem the non-Jew’s collateral and pay for the loan.<ref>Bet Yosef 168:27 cites the Rashba 3:47 who speaks of a case where a Jew brought a collateral from a non-Jew to another Jew in order to borrow with interest, then the lender Jew asked the agent to redeem the non-Jew’s collateral and pay for the loan. The Rashba rules that it is forbidden for the agent Jew to pay the loan and interest since he is merely an agent. He must though indicate to the lender Jew who is the non-Jew who borrowed the money. Shulchan Aruch YD 168:27 codifies the Rashba. Shach 168:83 explains that the agent has no responsibility to sell or buy the collateral from the lender.</ref><br />
<br />
====Non-Jew Selling Jewish Debt====<br />
#If a Jew owed a non-Jew capital and interest, that non-Jew can sell that debt to another Jew. If the non-Jew collects the interest it is permitted for the Jew to accept it, yet if he doesn't then the second Jew shouldn't collect the interest from the first Jew.<ref>Rashba responsa 1:764 cited by Darkei Moshe 168:6, Bedek Habayit 168:27, and Knesset Hagedola (Bet Yosef 168:44).</ref><br />
<br />
====Jew Selling Non-Jewish Debt====<br />
# If a Jew lent a non-Jew with interest upon a security deposit of the non-Jew. Then the non-Jew sold the security deposit to another Jew and he was told to pay the debt to the first Jew and collect the security deposit. This transaction is totally permitted since the loan was made between the Jew and non-Jew and then there was a sale of the non-Jewish debt to a Jew.<ref>Rosh responsa 108:25, Shulchan Aruch 168:12</ref><br />
#However, if the Jew who bought the debt then didn't pay off the debt immediately in order to redeem the deposit and only paid it after some time, thereby accruing a further interest charge upon the non-Jewish lender, the non-Jew may pay that interest charge to the Jewish lender even if the non-Jew in turn forces the Jewish buyer to pay him for that interest charge. But the Jewish buyer may not pay the interest to the Jewish lender because that would paying interest.<ref>Rosh responsa 108:25, Shulchan Aruch 168:12</ref><br />
====When the Deposit was Taken Forcibly====<br />
# If a non-Jew took a security deposit from a Jew forcibly and then used it to borrow with interest from another Jew, that second jew may collect interest from the non-Jew but may not collect interest from the first Jew.<ref>Smak 260, Kol Bo 84, Mordechai 338 citing Riva, Baal Hatrumot 46:4:10 all quoted by the Bet Yosef 168:10</ref> Some disagree and allow collecting the interest.<ref>Rosh cited by Tur 168:10</ref> <br />
# However, under the following two circumstances one may collect the interest according to everyone: <br />
##If the force and responsibility of the loan rests upon the non-Jew besides for the security deposit then it is permitted to collect the interest from the first Jew.<ref>Bet Yosef 168:10 based on the Baal Hatrumot</ref><br />
##Additionally, if the first Jew didn't know that his security deposit was going to be used to borrow from a Jew with interest it isn't any question of interest for him to pay the second Jew the interest to redeem his item.<ref>Maharik 16 cited by Bet Yosef 168:10</ref><br />
====When the Deposit was Given to the Non-Jew Properly====<br />
# If a Jew borrowed from a non-Jew with interest and gave him a security deposit. If the non-Jew takes that deposit and uses it to borrow from another Jew with interest some say that one may not take interest from that transaction, while others say that one can. Generally we are lenient except in the following two circumstances:<ref>Shulchan Aruch 168:10, 20</ref> <br />
##If the non-Jew forcibly took the deposit from the first Jew then we assume that the deposit wasn't really acquired by the non-Jew and so when it is used to borrow against another Jew it is like there's a deal between the two Jews.<ref>Bet Yosef 168:10 in his second answer, Shach 168:26, 67, Taz 168:11. Gra 168:23 disagrees.</ref><br />
##Additionally, if the non-Jew immediately took that deposit from the first Jew and used it to borrow from the second Jew then it appears that he did so only to create a loan between two Jews. However, if he held onto it for some time for himself then it isn't an issue.<ref>Bet Yosef 168:10 in his first answer, Shach 168:67</ref><br />
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====Lending with Interest from a Non-Jewish with a Jewish Agent using a Jewish Security Deposit====<br />
#If a Jew lent from another Jew and got a collateral for that loan, and specified that if the Jew didn’t pay up on time he would either sell the collateral or borrow against it with interest. If he then borrowed against it with interest from a non-Jew, he isn’t responsible to pay the interest for the loan since that was the stipulation. Instead the Jewish borrower needs to pay the interest in order to redeem his collateral.<ref>Rashba responsa cited by Bet Yosef 168:26 explains that once they stipulated that the lender Jew can borrow with interest against the collateral we understand that to mean that the ledner Jew isn’t borrowing from the non-Jew for himself, rather he is doing so as an agent of the other Jew. Therefore, the borrower Jew can repay the interest to the non-Jew and it isn’t interest to the lender Jew since he is neither a lender or a guarantor of the loan, he is simply the agent. Shaar Mishpat 168:13 cites this Rashba but also cites the Maharit YD 46 based on the Maharam who argues that it is an asmachta and isn't binding. Therefore, the lender couldn't lend to the non-Jew with interest on that collateral. Shulchan Gavoha 168:50 cites this Rashba and fundamentally puts it in the same camp as the Rosh which is codfied by Shulchan Aruch 168:26. Kovetz Halichot Horah Ribbit v. 5 p. 316-7 explains that it is necessary for the Rashba and Ramban 71a that the lender Jew be the agent of the original borrower as well as the fact that the non-Jew is collecting from the collateral. The reason is that if it was simply that the non-Jew would collect from the collateral but the Jewish lender was never appointed as an agent then he is in essence borrowing for himself with interest and having another Jew repay his interest using his collateral.</ref><br />
#If a Jew lent from another Jew and got a collateral for that loan, he can then use that collateral to borrow with interest from a non-Jew. He should specify to the non-Jew that he is borrowing on behalf of another Jew and he has no responsibility. Alternatively, if the collateral is worth the entire value of the loan he can use it to borrow from the non-Jew with interest. Then the original borrower Jew can pay the non-Jew the interest and redeem his collateral. The Jewish lender was simply the agent of the first Jew to borrow with interest from a non-Jew.<ref>Tashbetz Katan 486 writes that if the Jewish lender specifies to the non-Jew that he is borrowing on behalf of another Jew it is permitted, otherwise it is like he is borrowing for himself and having the original borrower Jew pay the interest is forbidden. Yet, the Bet Yosef 168:26 points out that the Rosh implies that it is permitted for the original borrower to pay the interest even if the lender Jew didn’t make that stipulation. Shulchan Aruch 168:26 simply quotes the case without specifically mentioning that stipulation. Shach 168:82 explains that the Tashbetz Katan and Rosh agree. Either a stipulation is necessary or having a collateral that is worth the entire value of the loan and interest. Otherwise it is forbidden. Chelkat Binyamin 168:291 agrees. Mayin Ganim Abadi YD 9 shows at length that the Bet Yosef thought that there is a dispute between the Tashbetz Katan and Rosh. The Rosh thinks that even without specifying it is assumed that the non-Jew depends on the collateral and there’s no responsibility upon the Jew. However, the Tashbetz Katan thinks that only if the Jew specifies that is it so, otherwise we assume that the non-Jew will hold responsible the Jew who is borrowing from him as well as from the collateral, in which case it would be forbidden for the original borrower to pay the interest. Erech Lechem 168:17 implies this as well. He explains that the Ran cited in Shulchan Aruch 168:17 implies like the Tashbetz Katan, yet, Shulchan Aruch ultimately sided with the Rosh and Rashba unlike the Tashbetz Katan and Ran.</ref><br />
#If a Jew lent from another Jew and got a collateral for that loan, and specified that if the Jew didn’t pay up on time he would either sell the collateral or borrow against it with interest. If he then borrowed against it with interest from a non-Jew, he isn’t responsible to pay the interest for the loan since that was the stipulation. Instead the Jewish borrower needs to pay the interest in order to redeem his collateral.<ref>Rashba responsa cited by Bet Yosef 168:26 explains that once they stipulated that the lender Jew can borrow with interest against the collateral we understand that to mean that the ledner Jew isn’t borrowing from the non-Jew for himself, rather he is doing so as an agent of the other Jew. Therefore, the borrower Jew can repay the interest to the non-Jew and it isn’t interest to the lender Jew since he is neither a lender or a guarantor of the loan, he is simply the agent. Shaar Mishpat 168:13 cites this Rashba but also cites the Maharit YD 46 based on the Maharam who argues that it is an asmachta and isn't binding. Therefore, the lender couldn't lend to the non-Jew with interest on that collateral. Shulchan Gavoha 168:50 cites this Rashba and fundamentally puts it in the same camp as the Rosh which is codfied by Shulchan Aruch 168:26. Kovetz Halichot Horah Ribbit v. 5 p. 316-7 explains that it is necessary for the Rashba and Ramban 71a that the lender Jew be the agent of the original borrower as well as the fact that the non-Jew is collecting from the collateral. The reason is that if it was simply that the non-Jew would collect from the collateral but the Jewish lender was never appointed as an agent then he is in essence borrowing for himself with interest and having another Jew repay his interest using his collateral.</ref><br />
#If a Jew wants to borrow from a non-Jew with interest and he asks another Jew to be his agent, he can do so. If he gives him a collateral then it isn’t necessary for the agent to specify that he is borrowing on behalf of someone else since the non-Jew is ready to collect from the collateral.<ref>Rosh b”m 5:56, Tur and Shulchan Aruch 168:17. Bet Yosef 168:17 based on the Nemukei Yosef 44a clarifies that it is insufficient to say that the collateral serves as the place where the non-Jew can collect, rather he needs even to specify that he bares no responsibility. Shach 168:52 cites this opinion. Shulchan Aruch 170:1 follows that opinion.</ref> Some say that as long as the collateral is actually worth the value of the loan and interest, then it is automatic that the non-Jew is ready to collect from the collateral and his lein applies to that and not to the Jew.<Ref>Shach 168:51</ref><br />
#If a Jew wants to borrow from a non-Jew with interest and he asks another Jew to be his agent, he can do so. Yet, it is important that the agent specify with the non-Jew that he is indeed borrowing on behalf of another Jew and he bares no responsibility.<ref>Tur and Shulchan Aruch 168:17</ref><br />
#It is an issue if the Jewish agent has any responsibility for the loan even to serve as a guarantor that can be collected from first (Arev Kablan), rather the non-Jew needs to completely be able to collect from the collateral.<Ref>Bet Yosef 168:17 cites the Ran (Nemukei Yosef 42a) who holds that it is forbidden to be an Arev Kablan for another Jew.</ref><br />
#A Jewish agent brought a collateral from a non-Jew to another Jew in order to borrow with interest. After the loan is due, the lender Jew can ask the agent to show him which non-Jew he lent to but can not ask the agent to pay for the asked the agent to redeem the non-Jew’s collateral and pay for the loan.<ref>Bet Yosef 168:27 cites the Rashba 3:47 who speaks of a case where a Jew brought a collateral from a non-Jew to another Jew in order to borrow with interest, then the lender Jew asked the agent to redeem the non-Jew’s collateral and pay for the loan. The Rashba rules that it is forbidden for the agent Jew to pay the loan and interest since he is merely an agent. He must though indicate to the lender Jew who is the non-Jew who borrowed the money. Shulchan Aruch YD 168:27 codifies the Rashba. Shach 168:83 explains that the agent has no responsibility to sell or buy the collateral from the lender.</ref><br />
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====Borrowing on Behalf of a Community====<br />
#If a few Jewish administrators of a community or communal institution want to borrow with interest from a non-Jew on behalf of the community and then they lent it to the community with interest that is forbidden since ultimately the non-Jew will old the Jewish administrators responsible.<ref>Rashba responsa 5:259 writes that he heard that in many communities they will have the administrators of a community borrow with interest from a non-Jew on behalf of the community and then he lends it out with interest to the rest of the congregation. Rashba writes vehemently that there is nothing to rely upon. Rama 168:17 ambiguously quotes this practice without endorsing it or dismissing it.</ref><br />
#If an administrator for a community borrows from a non-Jew in order to pay for a communal construction project, according to some, he may be paid back by the community including the interest.<ref>Pitchei Teshuva 168:4 cites Chatom Sofer YD 135 who writes that once an administrator of the community borrowed from a non-Jew with interest for building a communal building for guests. Then he charged the community to each pay their share of the cost. He cites the Ranach 58 who permitted a contractor who borrowed with interest from non-Jews to be repaid by the community since they are essentially paying for the building and not interest for a loan.</ref><br />
<br />
===Selling a Non-Jew's Debt to Another Jew===<br />
# If one Jew lent money to a non-Jew with interest he can then sell that loan to another Jew and he should stipulate that this is a complete sale of the loan and they will no longer have any claims upon each other. Thereby the buyer becomes the new lender to the non-Jew and can collect interest.<ref>Shulchan Aruch 168:18. When there is no security deposit, the Shach 168:62 explains that the mechanism isn't exactly a sale since one can't really sell the debt to another Jew. Rather one is forgiving the non-Jew from paying him back. Then the non-Jew can pay the second Jew as he is "considered" according to their intention to be the new lender. In Shach 168:63 he clarifies that he doesn't need to inform the non-Jew of that which he forgave. Netivot Shalom 168:18:9 explains that even though the non-Jew will be paying the second Jew in error he can collect it. Shach 168:63 is in disagreement with the Bach who thinks that it is necessary to alert the non-Jew.</ref> When there is a security deposit from the non-Jew that would have to be transferred to the second Jew with the same stipulation that it is a complete sale and they have no claims upon each other.<ref>Shulchan Aruch Y.D. 168:18</ref> According to Ashkenazim it isn't necessary to make such a clear stipulation since it is assumed that this is the stipulation.<ref>Rama 168:18 following the Mordechai and Rosh teshuva</ref><br />
# A Jew who lent to a non-Jew with interest can sell the non-Jew's loan from a certain date going forward. The first Jew would collect the interest until that date and the second from that date and on.<ref>Tur 168:18</ref><br />
# A Jew who lent a non-Jew for a certain percent he can sell that loan at a lower percent. For example, if the first Jew lent a non-Jew $100 for 10% a year and then resold that debt to another Jew for 5% a year.<ref>Levush, Shach, Chachmat Adam against Taz</ref><br />
# A Jew who lent a non-Jew money for interest can then resell it to a Jew but he may not sell a portion of that loan to a Jew.<Ref>Shach (Nekudat Hakesef on Taz 168:28) and Levush</ref><br />
# A Jew who lent a non-Jew money for interest can't stipulate the buyer resell it to him.<ref>Although the Rama 168:18 is lenient, both the Shach 168:57 and Taz 168:27 disagree.</ref><br />
# A Jew who lent a non-Jew money for interest can sell that debt to a Jew but can't stipulate that he'll sell that debt if the Jew also gives him an additional interest free loan.<ref>The Taz 168:24 in disagreeing with the Levush forbids this. Shach in Nekudat Hakesef and Chachmat Adam cited by Chelkat Binyamin 168:151 are lenient. Netivot Shalom 168:18:14:1 questions the Shach from Shulchan Aruch 166:3 and answers it. Chavot Daat 168:34 forbids because of Shulchan Aruch 160:23 and 172:4. Chelkat Binyamin thinks that even the Shach accepts part of the argument of the Chavot Daat and would forbid anytime that sale of the debt is at a lower price because of the fact that he is also receiving an interest free loan.</ref><br />
# The Jew can resell the non-Jew's debt for a lower interest rate than the non-Jew is giving him.<ref>Rama 168:18</ref><br />
# It is permitted for the buyer of the debt to leave the non-Jew's security deposit in the hands of the original Jewish lender. The responsibility of the security deposit is now upon the second Jew but if they stipulated that the first Jew would have responsibility then he does.<ref>Rama 168:18. Shach 168:58 notes that in such a case it is necessary to do a formal sale of the loan in order for him to leave the security deposit with the first Jew.</ref><br />
#It is forbidden to say that one wants to borrow from another Jew with interest on or in exchange for a non-Jew’s collateral which was given to the first Jew because of a interest loan.<Ref>Rosh responsa 108:28 writes that if a Jew who lent to a non-Jew with interest asks another Jew to lend him money with interest on the collateral he received from the non-Jew that is considered taking interest. What exactly is the issue with this formulation? The Shach contends that as long as one says that one wants to borrow from another Jew with interest on a non-Jewish collateral we can’t reinterepert his words and since he said he wanted to borrow with interest that is how we view his transaction. However, if he wouldn’t explain the transaction at all, we would explain him to mean that he intended to buy it since we’d prefer to say he did something permitted. Chelkat Binyamin 168:236 sides with the Shach. He explains that there’s a fundamental difference between a sale and a loan. A sale is where the first Jew is completely removed from any dealings with the non-Jew and if he collects anything from the non-Jew he must give it to the second Jew. A loan is where the first Jew must pay the second Jew whether or not the non-Jew will pay. The Bach 168:26 disagrees and explains that there is a minhag to be lenient even if one says that one intends to borrow because we reinterpret it to mean to buy. Taz seems to agree. The Bet Yosef and Taz imply that the reason for the Rosh isn’t because of his incriminating words but rather because of his motivation. If the Jewish lender would have borrowed on that collateral for the benefit of the non-Jew it wouldn’t be considered a Jewish loan. However, as long as the motivation is for the needs of the Jew we understand that transaction between the two Jews to be a loan and not a sale.</ref><br />
<br />
==Managing Someone Else's Money==<br />
===Jewish Money Deposited with Non-Jew Used for Jewish Loan===<br />
#If a Jew deposits money with a non-Jew it is permitted for another Jew to borrow from that non-Jew with interest as long as the non-Jew took responsibility to the first Jew like a borrower.<ref>The Tosefta b”m 5:8 states that if a Jew deposited money with a non-Jew if the non-Jew took responsibility for it then he can lend it to another Jew with interest. Although the Baal Hatrumot 1:46:2:6 quotes someone who held we don’t follow the Tosefta, in 7:1 he writes that we do follow the Tosefta. Also, the Rosh b”m 5:56 and Tur and Shulchan Aruch Y.D. 168:21 codify it. Bet Yosef 168:21 isn’t certain what is the definition of the amount of responsibility that the non-Jew must accept in order to permit this. Does it mean that the non-Jew has responsibility like a watchman or does he need to take responsibility like a borrower who even if it is lost is obligated? He quotes the Baal Hatrumot assumed it was the latter. Shach 168:68 and Taz 168:31 agree.</ref><br />
<br />
===Non-Jewish Money Deposited with Non-Jew Used for Jewish Loan===<br />
#Money deposited by a non-Jew with a Jew, if the Jew accepts responsibility for them as a lona, he may not then lend them with interest. However, if he didn’t accept responsibility if he lent them to another Jew he didn’t take interest. Nonetheless, it is generally forbidden to do so since it is suspicious (marit ayin) and appears like taking interest from another Jew.<ref>The Tosefta b”m 5:8 states that if a non-Jew deposited money with a Jew he can lend it to another Jew with interest if the first Jew doesn’t have responsibility for the loan. The Bet Yosef 168:22 quotes the Baal Hatrumot 7:1 who explains that if the Jew has responsibility for the loan if it isn’t paid up that is a problem, however, if he merely accepts responsibility to pay while it is in his domain that is permissible since if something happens he can pay and there was no loan at all. Shach 168:69 and Taz 168:33 agree. Nonetheless, even in the first case, the Tur 168:23 writes that there is a problem because people will suspect that the first Jew is lending his own money to another Jew with interest.</ref><br />
# The issue of doing something that appears suspicious is avoided when it is well known that the Jew involved is an administrator for the non-Jew’s money and is merely lending the non-Jew’s money and not his own.<ref>Ran b”m 61b s.v. ani cited by Bet Yosef 168:23 writes that if a Jew is appointed a financial administrator over the non-Jew’s money he no longer has to be concerned with marit ayin since people won’t suspect him of lending his own money. Talmidei Harashba similarly holds that if it is the Jew’s profession to deal with the non-Jew’s money then there’s no suspicion. Baal Hatrumot 7:1 in fact only requires that the lender express to the borrower that it isn’t his own money. Rama 168:23 and Shach 168:71 accept the Ran and Talmidei Harashba, not the Baal Hatrumot.</ref><br />
===Non-Jew Hired by Jew to Lend His Money with Interest===<br />
#If a Jew hires a non-Jew to lend out his money with interest to Jews, it is only permitted if the non-Jew is merely an agent and accepts responsibility. Otherwise it is forbidden.<ref>The Tur 168:23 extends the cases of the Tosefta to include cases of where a Jew hires a non-Jew to lend his money out with interest. Again, it all depends on who takes the responsibility for the loan. Shulchan Aruch 168:23 codifies this.</ref><br />
===Jew Hired by Non-Jew to Lend His Money with Interest===<br />
#If a non-Jew hires a Jew to lend out his money with interest to Jews, it is forbidden if the Jewish employee accepts responsibility as a loan. Even if he doesn’t accept responsibility and technically it is a non-Jewish loan, nonetheless, there is a concern for suspicion (marit ayin) that it appears to be interest between two Jews.<Ref>Tur and Shulchan Aruch 168:23</ref><br />
<br />
==Interest Gifted to A Jew or Non-Jew==<br />
# It is forbidden to lend another Jew money in order that he give the interest to a non-Jew.<ref>Shulchan Aruch Y.D. 168:1</ref> <br />
# It is permitted for a Jew to borrow from a non-Jew even if afterwards the non-Jew gives the interest to a Jew.<ref>Shulchan Aruch Y.D. 168:4</ref><br />
<br />
==Disputes about the Arrangement==<br />
#If the borrower claims that his lender charged him interest and he should return it, if the lender responds that it was done in a permissible way he is believed without any oath. Some say that it is necessary to specify how it was done permissibly.<ref>Taz 168:36</ref> <br />
#This is true as long as the lender already collected the interest. However, if he has a collateral of the borrower or a legal document that entitles him to collect, he can collect after making an oath. If he responds that he didn’t take any interest or doesn’t know if he took any interest, he is believed only if he takes an oath to that effect. This is true as long as the lender already collected the interest, has a collateral of the borrower, or have a legal document that entitles him to collect. However, in absence of that and the lender hasn’t yet collected if the borrower claims that he doesn’t owe the money due to interest he is believed and doesn’t have to pay.<Ref>Shulchan Aruch and Rama Y.D. 168:25</ref><br />
#If the borrower claims that his lender charged him interest and he should return it, if the lender responds that it was done in a permissible way he is believed without any oath. Some say that it is necessary to specify how it was done permissibly.<ref>Taz 168:36</ref> This is true as long as the lender already collected the interest. However, if he has a collateral of the borrower or a legal document that entitles him to collect, he can collect after making an oath. If he responds that he didn’t take any interest or doesn’t know if he took any interest, he is believed only if he takes an oath to that effect. This is true as long as the lender already collected the interest, has a collateral of the borrower, or have a legal document that entitles him to collect. However, in absence of that and the lender hasn’t yet collected if the borrower claims that he doesn’t owe the money due to interest he is believed and doesn’t have to pay.<Ref>Shulchan Aruch and Rama Y.D. 168:25</ref><br />
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==Resources==<br />
*[https://docs.google.com/presentation/d/1ap-s04x1RQAvlRiZsg8wiN5zxmRQlCS8Bl5H4oBcpvs/edit?usp=sharing Slides for YD Siman 168-9]<br />
==Sources==<br />
<references/><br />
[[Category:Ribbit]]</div>YitzchakSultanhttps://halachipedia.com/index.php?title=Interest_with_Non-Jews&diff=25521Interest with Non-Jews2020-04-07T21:00:07Z<p>YitzchakSultan: /* Selling a Non-Jew's Debt to Another Jew */</p>
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<div><br />
=Who can you take interest from?=<br />
==Non-Jews==<br />
# It is permitted to lend to and borrow from non-Jews with interest.<ref>The Gemara Bava Metsia 70b states that it is permitted to charge non-Jews ribbit and there is only a rabbinic prohibition to do so. The reason the rabbis forbade it is that they didn’t want people to learn from the non-Jews by interacting with them too much. They only permitted it for a talmid chacham or someone who needs to make money to survive. This is codified by the Rambam and Rif. However, Tosfot 70b s.v. tashich writes that today we lend with interest to non-Jews for three reasons: 1) we follow the opinion that there’s no rabbinic prohibition to lend to non-Jews at all. 2) Due to the high taxes we have to charge non-Jews interest otherwise financially wouldn’t survive and it is considered necessary for our livelihood. 3) Really based on the reason of the prohibition it is prohibited to do any business with non-Jews and if we didn’t do that we wouldn’t survive. Meiri b”m 70b agrees with reason two. Tur YD 159:1 cites the last reason of Tosfot. Shulchan Aruch and Rama Y.D. 159:1 simply writes that nowadays it is permitted to lend non-Jews with interest.</ref><br />
#Nowadays in Israel it is forbidden to lend non-Jews money with interest since it is possible to do business with Jews exclusively. Yet it would be permitted in order to make a livelihood but not to make oneself wealthy.<ref>Netivot Shalom YD 159:1:16 writes that today in Israel since it is possible to do without lending non-Jews with interest it is unclear if it is permitted to do so nowadays. Additionally, Rav Moshe Halevi in Malveh Hashem 5:3 writes that Jews who live in Israel should be strict not to lend non-Jews with interest since it is possible to transact with Jews and be financially stable. He explains that none of the reasons of Tosfot apply today except that perhaps we don't hold that there's any prohibition which is rejected. Similarly, Rav Shlomo Mazuz in Kerem Shlomo 159:8 is strict. Rav Ovadia Yosef in Halichot Olam v. 8 p. 3 writes that we hold that as long as it is difficult to do business only to Jews it is permitted in accordance with Tosfot, however, we do not hold that once the gezerah stopped applying it is nullified completely.</ref> Some poskim are lenient even in Israel.<ref>Chut Shani 2:1 p. 39 writes that even nowadays it is permitted to lend a non-Jew with interest even though in Israel we can support ourselves without business to non-Jews. Since there is some business with non-Jews and non-religious Jews the leniencies are still relevant. Chelkat Binyamin 159:10 (written in America) is lenient in all cases.</ref> <br />
# Even outside Israel one should be strict if one can.<ref>Chachmat Adam 130:6 writes that any honest man who could avoid taking interest from non-Jews should do so.</ref> Some say that for an impersonal bank it is permitted since one hardly interacts with the non-Jews.<ref> Chelkat Binyamin 159:1 s.v. vhaidna writes that one doesn’t have to be strict for the Chachmat Adam if one is lending to a bank and one only has to interact with them minimally.</ref> <br />
#It is permitted to borrow with interest from non-Jews.<ref>Rambam Malveh Vloveh 5:2 explains that they never prohibited it lest one come to learn from their ways since it is normal for a borrower to avoid the lender and not learn from him. Meiri b”m 70b agrees. Chazon Ovadia Shabbat v. 1 p. 7 and Malveh Hashem 5:5 codify this as the halacha.</ref><br />
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==Non-Religious Jew==<br />
# It is permitted to lend to a non-religious Jew with interest if he was brought up religious and later became non-religious.<Ref>Shulchan Aruch 159:2</ref> Initially this should be avoided.<ref>Rama 159:2</ref><br />
# One may not lend a non-religious Jew who is raised as a non-religious Jew with interest.<reF>Shulchan Aruch and Rama 159:3 forbid lending with ribbit to someone who is a tinok shenishba. Gemara Shabbat 68b clarifies that a child who was captive among non-Jews (tinok shenishba) and didn't know about Shabbat is considered as though he sinned unintentionally. Brit Yehuda 30:12 agree. Rambam Mamrim 3:3 writes that the sons of the karaites who were brought up with the mistakes of their parents aren't considered minim but should be returned in teshuva. (Yet, see the manuscript editions which include another few words that alter the meaning of the Rambam.) Pirush Mishnayot Chullin 1:2 writes that someone who reject tenants of our faith are considered minim. However, someone who was born into a family and background with such thoughts aren't culpable and are similar to a tinok shenishba. Binyan Tzion Chadashot 23 posits that many of the non-religious Jews today are considered tinok shenishba since they're following the ways of their fathers. <br />
* Chazon Ish YD 1:6 writes that once we try to teach him about the Orthodox ways and he turns it down he is considered to be a mumar. The amount of effort necessary to spend in trying to teach him is subjective and is left up to the judgement of the rabbis of each generation. Additionally, once he is aware of the Orthodox Jews and practices even without trying to teach him he can be considered a mumar. However, that too depends on how aware he was of the Orthodox Jews and to what degree and with what intensity his parents taught his otherwise. This is the basis for the dispute whether Karaites are mumarim. </ref> This applies to conservative and reform Jews today.<ref>Igrot Moshe 4:91:6, Chelkat Binyamin 159:22</ref><br />
# Some say that it is permitted to lend the Karaites with interest.<ref>Shulchan Aruch 159:3. Bet Yosef 159:3 cites the Pirush Mishnayot Chullin 1:2 where the Rambam says that karaites are like tinok shenishba and it is forbidden to lend them with interest. Bet Yosef points out that the Nemukei Yosef 42b quotes the Ri who says that anyone who once recognized Orthodox Jews isn’t a tinok shenishba disagrees with this Rambam. Shulchan Aruch follows the Rambam. However, the Shach 159:6 cites the Maharshal, Maharnach 113, Rash quoted by Mabit 1:38, Rav Betzalel 3 who are strict. Nekudat Hakesef he writes that the halacha on this matter is unresolved. Chelkat Binyamin 159:21 concludes with the Graz who is strict.</ref><br />
<br />
==Arrangements of Loans Between Several Parties==<br />
===Lending A Non-Jew's Money to A Jew with Interest===<br />
# If a person borrowed money from a non-Jew with interest it is forbidden to then lend that money to another Jew with interest.<ref>Shulchan Aruch Y.D. 168:1</ref><br />
# If a person borrowed money from a non-Jew with interest and then before he returns it another Jew wants that loan and is willing to pay the interest to the non-Jewish lender, one may only give that loan to the second Jew under one of two methods. Both of these methods free the first Jew from any financial relationship with the second Jew:<br />
## The non-Jew tells the first Jew to leave the money in a certain location and he will be exempt<ref>Although Shulchan Aruch 168:3 hold that it is sufficient for the non-Jew to state that you can leave the money in a certain location for the second Jew and it is understood that he is exempt from the loan obligation, Shach 168:7, Taz 168:3, and Gra 168:6 all hold that it is necessary to state so explicitly.</ref> and then the second Jew takes it from there.<ref>Shulchan Aruch Y.D. 168:3</ref> <br />
## The first Jew returns the money to the non-Jew and he then gives it to the second Jew. No words need to be spoken since it is understood that when the non-Jew took the money from the first Jew he was exempting him from his loan.<ref>Shulchan Aruch Y.D. 168:2</ref><br />
## It isn't a solution for the non-Jew to simply tell the first Jew to hand the money over to the second Jew and he'll be exempt since that appears as though the two Jews lent money with interest.<ref>Shulchan Aruch Y.D. 168:1</ref><br />
===Lending with Interest with a Non-Jewish Agent===<br />
# A non-Jew who borrowed from a Jew and is ready to return the money, if he finds another Jew to borrow that money with interest can give it to him with interest. However, if the non-Jew brought the money to the lender Jew he can't lend it to another Jew since that considered a loan between the lender and the other Jew with interest. Obviously this is forbidden if the non-Jew actually gave the money back to the lender that the lender may not lend that money to a Jew with interest. Additionally it is forbidden if the non-Jew put the money on the ground for the other Jew to pick up and the lender stated that the non-Jew would be exempt once he placed the money on the ground. These are all considered Biblical interest.<ref>Gemara Bava Metsia 71b, Shulchan Aruch Y.D. 168:6</ref> However, if the non-Jew simply hands the money to the borrower Jew in the presence of the lender Jew, most rishonim hold that this is rabbinically forbidden since the non-Jew is an agent of the borrower. However, there is a minority opinion in the rishonim who allows this.<ref>Rashi Bava Metsia 71b s.v. v'im explains that the conclusion of the Gemara was that there is a concept of agency for two Jews to create a loan between them with interest. This is rabbinically forbidden. This is the opinion of the Rif, Ramban, Rashba, Ran, and Nemukei Yosef all cited by the Bet Yosef 168:6. The Rambam Malveh Vloveh 5:4 however holds it is Biblically forbidden. On the other hand, Rabbenu Tam held that the gemara backed out of that stringency and so it is permitted. Rosh responsa 108:11 ponders how someone could possibly rule like Rabbenu Tam when it seems that it is forbidden and Rabbenu Tam brought no proofs. Either way, there the Rosh rejects following Rabbenu Tam initially. He is aware of the practice of some people to follow Rabbenu Tam but he argues that it is incorrect and the lender could only accept the interest if he is unaware that the non-Jew is borrowing the money for the other Jew.</ref> The halacha is not to accept this minority opinion.<ref>Shulchan Aruch Y.D. 168:6 completely rejects Rabbenu Tam's opinion. Rama 168:5 and 7 cites Rabbenu Tam however he says that one should only follow that opinion where there is a minhag. Chelkat Binyamin 168:51 writes that we don't follow the Rabbenu Tam since it is a question of Biblical interest.</ref><br />
# It is forbidden for a Jew to arrange with a non-Jew to lend your money to him in order that he lend it to another Jew with interest.<ref>Rashba teshuva 3:243 writes that it is forbidden to lend your money to him in order that he lend it to another Jew with interest since that is a mere legal fiction and is considered taking interest. Also, there is a concept of shelichut for a non-Jew to be considered a shelichut for purposes of being strict. That is, the rabbis view this transaction as though the non-Jew is an agent of the Jews and it is a loan between two Jews. Shulchan Aruch Y.D. 168:5 rule like the Rashba. The Shach 168:10 points out that the Rama would agree as well. Malveh Hashem 1:5:12 agrees. However, the Netivot Shalom 168:5:5 argues at length that the Rama never accepted this approach of the Rashba who expanded the concept of legal fictions for ribbit. The entire concept of Rabbenu Tam who allowed having a non-Jewish agent to arrange the loan with interest or Rashi's opinion who allowed a Jewish agent to arrange the loan with interest, both of which are cited by the Rama indicate that he was not concerned with the expansions of the Rashba. This is further supported by the fact that the Rama 168:5 implies that the reason for Shulchan Aruch is completely other than the reason of making a legal fiction out of taking interest. Netivot Shalom brings sources that show that there's a fundamental dispute of how far reaching is prohibition of using legal loopholes in interest (haramat ribbit) between the Maharam and Rashba. Netivot Shalom 166:6:13 extends this discussion to that of using a heter iska and the Gra's opinion that it violates haramat ribbit.</ref> After the fact it is forbidden to take the interest since the non-Jewish agent is merely a ruse and it was really a loan with interest from a Jew.<ref>Netivot Shalom 168:5:6 explains that the haramat ribbit that the Rashba was discussing was because the real intention of the parties was to create a loan between the two Jews and so it is completely ribbit, which is forbidden even after the fact. However, the Malveh Hashem 1:5:12 writes that this haramat ribit of the Rashba is purely legal fiction that is valid, though it is forbidden to arrange. Therefore, if it was already collected certainly it doesn't need to be returned.</ref><br />
#If the lender didn't know about the fact that the borrower appointed the non-Jew to borrow for him from a Jew with interest he can keep the interest<ref>Shulchan Aruch Y.D. 168:7</ref> and some allow him to even collect the interest once it was arranged.<ref><br />
* Derisha 168:4 explains that it is absolutely forbidden for the lender to make the borrower pay the interest since it is forbidden for the borrower to pay it, however, it already happened then the lender can keep it. <br />
* Shach 168:17 argues that it is permitted for the lender to make the borrower pay the interest since it was done without his knowledge and in such a case it isn't really forbidden for the borrower with respect to the lender. Chelkat Binyamin 168:55 and 57 rules like the Shach and explains that once the lender wasn't aware of the appointment of the non-Jew by the borrower it isn't forbidden for the borrower to pay the interest. The only aspect that was forbidden is the arrangement of the loan. <br />
* Netivot Shalom 168:7:6 writes that the Teshuvat Ri doesn't imply like the Derisha at all. Netivot Shalom 168:7:6 reads the Bet Yosef in accordance with the Derisha. However, the Chelkat Binyamin (168 Tziyunim 136) argues that the Bet Yosef held like the Shach.</ref> Sephardim are more strict and only allow this completely after the fact that the interest was collected.<ref>Horah Brurah 168:31. There he mentions the idea that the Bet Yosef suggests which is if the lender doesn't know from witnesses that the borrower appointed the non-Jew to be his agent and the borrower himself since he didn't appoint the non-Jew then the lender could collect the interest. Horah Brurah concludes that one may only rely upon this after the fact.</ref><br />
# If a Jew told a non-Jew to borrow for him from another non-Jew with interest and he went and borrowed from a Jew with interest the borrower can even pay the interest.<ref>Mordechai b"m 337, Shulchan Aruch Y.D. 168:8. Shach 168:19 and Taz 168:9 argue that just like the lender can collect the interest the borrower can pay it. However, it appears from the Bet Yosef that only the lender can collect it but it is forbidden for the lender to collect it. Horah Brurah 168:34 follows the Shach and Taz that if the non-Jew didn't follow the orders of the borrower it is then permitted for both the lender and borrower to exchange the interest at the end.</ref><br />
===Non-Jew borrowing with Interest from a Jew through a Jewish Agent===<br />
# If a non-Jew asks a Jew to borrow for him from another Jew with interest the Jewish agent may do his job as long as he says clearly that he is borrowing with interest on behalf of a non-Jew or the transaction is happening in the presence of the non-Jew.<ref>Ran b"m 71b s.v. mahu, Nemukei Yosef 42a, Hagaot Ashri 5:42, Rosh responsa 108:5, Raavan 103, and Smak 260 all cited by Bet Yosef 168:13. Baal Hatrumot 46:4:10 citing Ramban b"m 71b s.v. vgoy explains that even though the Jewish agent can't halachically become the agent of the non-Jew since there's no agency for non-Jews, the Jewish agent can be the agent of the lender.</ref> <br />
# The agent can't take upon himself responsibility for the capital or the interest. If he takes upon himself responsibility for either one that is considered as though the agent is a borrower and there is interest when the lender takes interest from the borrower.<ref>Shulchan Aruch 168:13</ref><br />
# The agent can't take upon himself responsibility for the collateral getting lost or stolen, rather the lender needs to take such responsibility. If he takes upon the regular type of responsibility as a [[shomer]] would generally take that is permitted. However, he may not take responsibility for unexpected circumstances.<ref>Shulchan Aruch Y.D. 168:16 based on the Rosh in disagreement with the Ramah who allowed taking even responsibility for unexpected events. </ref> If they didn't specify this responsibility and it was left unclear, after the fact, we can assume that the Jewish lender and the agent would want to arrange it in the permitted fashion.<ref>Shach 168:36 citing Bach, Baal Hatrumot 46:4:10 citing Ramban</ref><br />
# If the non-Jew never comes to pay the loan with the interest the agent may not pay it.<ref>Shulchan Aruch Y.D. 168:14</ref><br />
## Additionally, the lender may not force the agent to buy the collateral for the price of the capital and interest.<ref>Rama 168:14, Shach 168:47, Taz 168:20, Bach 168:15, Chelkat Binyamin 168:148. According to the Taz this is even the opinion of Shulchan Aruch, but according to the Shach and Bach this is only the opinion of the Rama and Shulchan Aruch would disagree.</ref><br />
## However, if the agent wants to buy the collateral for the capital and interest he can do so.<ref>Rama 168:14, Shach 168:47, Taz 168:20, Bach 168:15</ref><br />
# If the non-Jew never comes to pay the loan the lender can sell the collateral and keep the value. The agent can't stop the lender from doing so out of fear of the non-Jew since the lender isn't really incumbent to the agent or the non-Jew.<ref>Shulchan Aruch Y.D. 168:15, Rosh responsa 108:6</ref> Some say that if the agent was originally appointed by the lender to do this loan with the non-Jew, then if the agent is afraid of the ramifications of the lender selling the collateral, then the lender must listen and if he doesn't then he must pay for damages to the agent.<ref>Levush 168:15, Shach 168:50, Chelkat Binyamin 168:156. The explanation of the Levush is that essentially since the agent isn't a borrower he can tell the lender to do or not do something and that poses no issue. The lender should be cautious of the damages that can occur to the agent, however, if the agent arranged with the non-Jew and not the lender, then the lender doesn't have to be concerned. It is the responsibility of the agent. If the agent was originated commissioned by the Jewish lender then it is a concern for the lender that he doesn't cause a damage to the agent. The Taz 168:20 and Bet Meir disagree with the Levush. They hold that the lender doesn't have to listen to the agent in any event. They explain that the source for this halacha is the Rosh and he held that the borrower shouldn't take any responsibility for the collateral and yet he writes that he doesn't need to listen to the agent. Shach in Nekudat Hakesef 168:14 answers that these are two separate statements of the Rosh. The Bet Meir doesn't understand the Shach since the Rosh either way would discuss a permissible case according to his opinion.</ref><br />
<br />
===Lending with Interest from a Non-Jewish with a Jewish Agent using a Security Deposit===<br />
[[Image:Taking Mashkon from Non-Jew.png|300px|right]]<br />
[[Image:Returning Mashkon to Non-Jew.png| 350px| right]]<br />
# Some permit borrowing from a non-Jew with a security deposit so that they can in turn borrow with interest from another Jew with that security deposit. This is permitted since the non-Jew takes responsibility for the original loan and it is treated as two loans and not one. Ashkenazim can rely on this opinion.<ref>Ri cited by Rosh b"m 5:55, Rosh responsa 108:11, Rama 168:8 seems to support this approach. Darkei Moshe 168:4 quotes the Mordechai and Hagahot Ashri who held that it is permitted even initially. Darkei Moshe 168:9 cites the Kol Bo 84 and Hagahot Maimoniyot Malveh 5:3 who says that the minhag was like the Ri</ref> Others hold that generally this is forbidden to arrange but if one explicitly tells the non-Jew that he has responsibility for the loan then it is permitted.<ref>Ramban b"m 71b s.v. vbar cited by Tur 168:9, Rashba 7:321, Nemukei Yosef 42a, Talmidei Harashba, and Baal Hatrumot 46:4:10 s.v. vkatav alav haramban cited by Bet Yosef 168:9</ref><br />
# Even according to the strict opinion, a lender to a non-Jew with interest who collected a deposit from him which came originally from a Jew can collect the interest as long as he isn't certain that it was arranged improperly.<ref>Ri, Rosh, Shulchan Aruch 168:9. Chelkat Binyamin 168:63 explains that essentially there's two schools of thought regarding a loan with a security deposit from one Jew to another Jew with a non-Jew in between. The Gra and Levush understand that this depends on whether one may set up a non-Jew agent between two Jews who are transacting with interest. The Shach, Taz 168:14, and Chavot Daat 168:12, on the other hand, think that the security deposit poses its own problem in that it functionally creates a lien of the Jewish lender upon the original borrower Jew. This could be solved if the non-Jew acquired the deposit from the non-Jew in an absolute fashion.</ref> Some say that he may not collect the interest if he knew that it was a Jewish security deposit such as if it is a Jewish article of clothing.<ref>Tur 189:9, Shulchan Aruch 168:9. Bet Yosef 168:9 s.v. yisrael shnatan notes that the Mordechai 338 held within the opinion of Rabbenu Tam that it doesn't matter whether the deposit was clearly Jewish or not.</ref><br />
# If the original Jew wants to get his security deposit back from the other Jew who lent to the non-Jew and the non-Jew isn't cooperating, the lender Jew doesn't need to work with the borrower Jew since they didn't have any transaction one to another.<ref>Rosh responsa 108:8, Rama 168:9</ref><br />
# If a Jew has a security deposit of a non-Jew in his hands and the non-Jew direct him to use it to borrow from another Jew with interest on his behalf, the first Jew may do so.<ref>Mordechai 337 writes that a Jew can use a non-Jew's security deposit to borrow from a Jew with interest if he is instructed so by the non-Jew. The Mordechai seems to apply this even to the case where the Jew didn't have the non-Jew's deposit but instead wanted to gift him a deposit of his own for its value. The Bet Yosef is troubled by this leniency since there's no mechanism by which the non-Jew is actually acquiring the deposit. Taz 168:14 gives a nuanced explanation that it was sold to the second Jew with a condition that the non-Jew could buy it back. Bach 168:13 and Nekudat Hakesef 168:11 explain that once a owner admits to the fact someone else owns his item it halachically belongs to that person (''kinyan odita'') and that is sufficient to remove the prohibition of ribbit. Either way, the Rama 169:11 concludes that we assume that it is impossible to gift a deposit to a non-Jew without him making a physical [[kinyan]] such as meshicha.</ref><br />
====Non-Jew Borrowed from Jew with Collateral and Jewish Agent====<br />
#A Jewish agent brought a collateral from a non-Jew to another Jew in order to borrow with interest. After the loan is due, the lender Jew can ask the agent to show him which non-Jew he lent to but can not ask the agent to pay for the asked the agent to redeem the non-Jew’s collateral and pay for the loan.<ref>Bet Yosef 168:27 cites the Rashba 3:47 who speaks of a case where a Jew brought a collateral from a non-Jew to another Jew in order to borrow with interest, then the lender Jew asked the agent to redeem the non-Jew’s collateral and pay for the loan. The Rashba rules that it is forbidden for the agent Jew to pay the loan and interest since he is merely an agent. He must though indicate to the lender Jew who is the non-Jew who borrowed the money. Shulchan Aruch YD 168:27 codifies the Rashba. Shach 168:83 explains that the agent has no responsibility to sell or buy the collateral from the lender.</ref><br />
<br />
====Non-Jew Selling Jewish Debt====<br />
#If a Jew owed a non-Jew capital and interest, that non-Jew can sell that debt to another Jew. If the non-Jew collects the interest it is permitted for the Jew to accept it, yet if he doesn't then the second Jew shouldn't collect the interest from the first Jew.<ref>Rashba responsa 1:764 cited by Darkei Moshe 168:6, Bedek Habayit 168:27, and Knesset Hagedola (Bet Yosef 168:44).</ref><br />
<br />
====Jew Selling Non-Jewish Debt====<br />
# If a Jew lent a non-Jew with interest upon a security deposit of the non-Jew. Then the non-Jew sold the security deposit to another Jew and he was told to pay the debt to the first Jew and collect the security deposit. This transaction is totally permitted since the loan was made between the Jew and non-Jew and then there was a sale of the non-Jewish debt to a Jew.<ref>Rosh responsa 108:25, Shulchan Aruch 168:12</ref><br />
#However, if the Jew who bought the debt then didn't pay off the debt immediately in order to redeem the deposit and only paid it after some time, thereby accruing a further interest charge upon the non-Jewish lender, the non-Jew may pay that interest charge to the Jewish lender even if the non-Jew in turn forces the Jewish buyer to pay him for that interest charge. But the Jewish buyer may not pay the interest to the Jewish lender because that would paying interest.<ref>Rosh responsa 108:25, Shulchan Aruch 168:12</ref><br />
====When the Deposit was Taken Forcibly====<br />
# If a non-Jew took a security deposit from a Jew forcibly and then used it to borrow with interest from another Jew, that second jew may collect interest from the non-Jew but may not collect interest from the first Jew.<ref>Smak 260, Kol Bo 84, Mordechai 338 citing Riva, Baal Hatrumot 46:4:10 all quoted by the Bet Yosef 168:10</ref> Some disagree and allow collecting the interest.<ref>Rosh cited by Tur 168:10</ref> <br />
# However, under the following two circumstances one may collect the interest according to everyone: <br />
##If the force and responsibility of the loan rests upon the non-Jew besides for the security deposit then it is permitted to collect the interest from the first Jew.<ref>Bet Yosef 168:10 based on the Baal Hatrumot</ref><br />
##Additionally, if the first Jew didn't know that his security deposit was going to be used to borrow from a Jew with interest it isn't any question of interest for him to pay the second Jew the interest to redeem his item.<ref>Maharik 16 cited by Bet Yosef 168:10</ref><br />
====When the Deposit was Given to the Non-Jew Properly====<br />
# If a Jew borrowed from a non-Jew with interest and gave him a security deposit. If the non-Jew takes that deposit and uses it to borrow from another Jew with interest some say that one may not take interest from that transaction, while others say that one can. Generally we are lenient except in the following two circumstances:<ref>Shulchan Aruch 168:10, 20</ref> <br />
##If the non-Jew forcibly took the deposit from the first Jew then we assume that the deposit wasn't really acquired by the non-Jew and so when it is used to borrow against another Jew it is like there's a deal between the two Jews.<ref>Bet Yosef 168:10 in his second answer, Shach 168:26, 67, Taz 168:11. Gra 168:23 disagrees.</ref><br />
##Additionally, if the non-Jew immediately took that deposit from the first Jew and used it to borrow from the second Jew then it appears that he did so only to create a loan between two Jews. However, if he held onto it for some time for himself then it isn't an issue.<ref>Bet Yosef 168:10 in his first answer, Shach 168:67</ref><br />
<br />
====Lending with Interest from a Non-Jewish with a Jewish Agent using a Jewish Security Deposit====<br />
#If a Jew lent from another Jew and got a collateral for that loan, and specified that if the Jew didn’t pay up on time he would either sell the collateral or borrow against it with interest. If he then borrowed against it with interest from a non-Jew, he isn’t responsible to pay the interest for the loan since that was the stipulation. Instead the Jewish borrower needs to pay the interest in order to redeem his collateral.<ref>Rashba responsa cited by Bet Yosef 168:26 explains that once they stipulated that the lender Jew can borrow with interest against the collateral we understand that to mean that the ledner Jew isn’t borrowing from the non-Jew for himself, rather he is doing so as an agent of the other Jew. Therefore, the borrower Jew can repay the interest to the non-Jew and it isn’t interest to the lender Jew since he is neither a lender or a guarantor of the loan, he is simply the agent. Shaar Mishpat 168:13 cites this Rashba but also cites the Maharit YD 46 based on the Maharam who argues that it is an asmachta and isn't binding. Therefore, the lender couldn't lend to the non-Jew with interest on that collateral. Shulchan Gavoha 168:50 cites this Rashba and fundamentally puts it in the same camp as the Rosh which is codfied by Shulchan Aruch 168:26. Kovetz Halichot Horah Ribbit v. 5 p. 316-7 explains that it is necessary for the Rashba and Ramban 71a that the lender Jew be the agent of the original borrower as well as the fact that the non-Jew is collecting from the collateral. The reason is that if it was simply that the non-Jew would collect from the collateral but the Jewish lender was never appointed as an agent then he is in essence borrowing for himself with interest and having another Jew repay his interest using his collateral.</ref><br />
#If a Jew lent from another Jew and got a collateral for that loan, he can then use that collateral to borrow with interest from a non-Jew. He should specify to the non-Jew that he is borrowing on behalf of another Jew and he has no responsibility. Alternatively, if the collateral is worth the entire value of the loan he can use it to borrow from the non-Jew with interest. Then the original borrower Jew can pay the non-Jew the interest and redeem his collateral. The Jewish lender was simply the agent of the first Jew to borrow with interest from a non-Jew.<ref>Tashbetz Katan 486 writes that if the Jewish lender specifies to the non-Jew that he is borrowing on behalf of another Jew it is permitted, otherwise it is like he is borrowing for himself and having the original borrower Jew pay the interest is forbidden. Yet, the Bet Yosef 168:26 points out that the Rosh implies that it is permitted for the original borrower to pay the interest even if the lender Jew didn’t make that stipulation. Shulchan Aruch 168:26 simply quotes the case without specifically mentioning that stipulation. Shach 168:82 explains that the Tashbetz Katan and Rosh agree. Either a stipulation is necessary or having a collateral that is worth the entire value of the loan and interest. Otherwise it is forbidden. Chelkat Binyamin 168:291 agrees. Mayin Ganim Abadi YD 9 shows at length that the Bet Yosef thought that there is a dispute between the Tashbetz Katan and Rosh. The Rosh thinks that even without specifying it is assumed that the non-Jew depends on the collateral and there’s no responsibility upon the Jew. However, the Tashbetz Katan thinks that only if the Jew specifies that is it so, otherwise we assume that the non-Jew will hold responsible the Jew who is borrowing from him as well as from the collateral, in which case it would be forbidden for the original borrower to pay the interest. Erech Lechem 168:17 implies this as well. He explains that the Ran cited in Shulchan Aruch 168:17 implies like the Tashbetz Katan, yet, Shulchan Aruch ultimately sided with the Rosh and Rashba unlike the Tashbetz Katan and Ran.</ref><br />
#If a Jew lent from another Jew and got a collateral for that loan, and specified that if the Jew didn’t pay up on time he would either sell the collateral or borrow against it with interest. If he then borrowed against it with interest from a non-Jew, he isn’t responsible to pay the interest for the loan since that was the stipulation. Instead the Jewish borrower needs to pay the interest in order to redeem his collateral.<ref>Rashba responsa cited by Bet Yosef 168:26 explains that once they stipulated that the lender Jew can borrow with interest against the collateral we understand that to mean that the ledner Jew isn’t borrowing from the non-Jew for himself, rather he is doing so as an agent of the other Jew. Therefore, the borrower Jew can repay the interest to the non-Jew and it isn’t interest to the lender Jew since he is neither a lender or a guarantor of the loan, he is simply the agent. Shaar Mishpat 168:13 cites this Rashba but also cites the Maharit YD 46 based on the Maharam who argues that it is an asmachta and isn't binding. Therefore, the lender couldn't lend to the non-Jew with interest on that collateral. Shulchan Gavoha 168:50 cites this Rashba and fundamentally puts it in the same camp as the Rosh which is codfied by Shulchan Aruch 168:26. Kovetz Halichot Horah Ribbit v. 5 p. 316-7 explains that it is necessary for the Rashba and Ramban 71a that the lender Jew be the agent of the original borrower as well as the fact that the non-Jew is collecting from the collateral. The reason is that if it was simply that the non-Jew would collect from the collateral but the Jewish lender was never appointed as an agent then he is in essence borrowing for himself with interest and having another Jew repay his interest using his collateral.</ref><br />
#If a Jew wants to borrow from a non-Jew with interest and he asks another Jew to be his agent, he can do so. If he gives him a collateral then it isn’t necessary for the agent to specify that he is borrowing on behalf of someone else since the non-Jew is ready to collect from the collateral.<ref>Rosh b”m 5:56, Tur and Shulchan Aruch 168:17. Bet Yosef 168:17 based on the Nemukei Yosef 44a clarifies that it is insufficient to say that the collateral serves as the place where the non-Jew can collect, rather he needs even to specify that he bares no responsibility. Shach 168:52 cites this opinion. Shulchan Aruch 170:1 follows that opinion.</ref> Some say that as long as the collateral is actually worth the value of the loan and interest, then it is automatic that the non-Jew is ready to collect from the collateral and his lein applies to that and not to the Jew.<Ref>Shach 168:51</ref><br />
#If a Jew wants to borrow from a non-Jew with interest and he asks another Jew to be his agent, he can do so. Yet, it is important that the agent specify with the non-Jew that he is indeed borrowing on behalf of another Jew and he bares no responsibility.<ref>Tur and Shulchan Aruch 168:17</ref><br />
#It is an issue if the Jewish agent has any responsibility for the loan even to serve as a guarantor that can be collected from first (Arev Kablan), rather the non-Jew needs to completely be able to collect from the collateral.<Ref>Bet Yosef 168:17 cites the Ran (Nemukei Yosef 42a) who holds that it is forbidden to be an Arev Kablan for another Jew.</ref><br />
#A Jewish agent brought a collateral from a non-Jew to another Jew in order to borrow with interest. After the loan is due, the lender Jew can ask the agent to show him which non-Jew he lent to but can not ask the agent to pay for the asked the agent to redeem the non-Jew’s collateral and pay for the loan.<ref>Bet Yosef 168:27 cites the Rashba 3:47 who speaks of a case where a Jew brought a collateral from a non-Jew to another Jew in order to borrow with interest, then the lender Jew asked the agent to redeem the non-Jew’s collateral and pay for the loan. The Rashba rules that it is forbidden for the agent Jew to pay the loan and interest since he is merely an agent. He must though indicate to the lender Jew who is the non-Jew who borrowed the money. Shulchan Aruch YD 168:27 codifies the Rashba. Shach 168:83 explains that the agent has no responsibility to sell or buy the collateral from the lender.</ref><br />
<br />
====Borrowing on Behalf of a Community====<br />
#If a few Jewish administrators of a community or communal institution want to borrow with interest from a non-Jew on behalf of the community and then they lent it to the community with interest that is forbidden since ultimately the non-Jew will old the Jewish administrators responsible.<ref>Rashba responsa 5:259 writes that he heard that in many communities they will have the administrators of a community borrow with interest from a non-Jew on behalf of the community and then he lends it out with interest to the rest of the congregation. Rashba writes vehemently that there is nothing to rely upon. Rama 168:17 ambiguously quotes this practice without endorsing it or dismissing it.</ref><br />
#If an administrator for a community borrows from a non-Jew in order to pay for a communal construction project, according to some, he may be paid back by the community including the interest.<ref>Pitchei Teshuva 168:4 cites Chatom Sofer YD 135 who writes that once an administrator of the community borrowed from a non-Jew with interest for building a communal building for guests. Then he charged the community to each pay their share of the cost. He cites the Ranach 58 who permitted a contractor who borrowed with interest from non-Jews to be repaid by the community since they are essentially paying for the building and not interest for a loan.</ref><br />
<br />
===Selling a Non-Jew's Debt to Another Jew===<br />
# If one Jew lent money to a non-Jew with interest he can then sell that loan to another Jew and he should stipulate that this is a complete sale of the loan and they will no longer have any claims upon each other. Thereby the buyer becomes the new lender to the non-Jew and can collect interest.<ref>Shulchan Aruch 168:18. When there is no security deposit, the Shach 168:62 explains that the mechanism isn't exactly a sale since one can't really sell the debt to another Jew. Rather one is forgiving the non-Jew from paying him back. Then the non-Jew can pay the second Jew as he is "considered" according to their intention to be the new lender. In Shach 168:63 he clarifies that he doesn't need to inform the non-Jew of that which he forgave. Netivot Shalom 168:18:9 explains that even though the non-Jew will be paying the second Jew in error he can collect it. Shach 168:63 is in disagreement with the Bach who thinks that it is necessary to alert the non-Jew.</ref> When there is a security deposit from the non-Jew that would have to be transferred to the second Jew with the same stipulation that it is a complete sale and they have no claims upon each other.<ref>Shulchan Aruch Y.D. 168:18</ref> According to Ashkenazim it isn't necessary to make such a clear stipulation since it is assumed that this is the stipulation.<ref>Rama 168:18 following the Mordechai and Rosh teshuva</ref><br />
# A Jew who lent to a non-Jew with interest can sell the non-Jew's loan from a certain date going forward. The first Jew would collect the interest until that date and the second from that date and on.<ref>Tur 168:18</ref><br />
# A Jew who lent a non-Jew for a certain percent he can sell that loan at a lower percent. For example, if the first Jew lent a non-Jew $100 for 10% a year and then resold that debt to another Jew for 5% a year.<ref>Levush, Shach, Chachmat Adam against Taz</ref><br />
# A Jew who lent a non-Jew money for interest can then resell it to a Jew but he may not sell a portion of that loan to a Jew.<Ref>Shach (Nekudat Hakesef on Taz 168:28) and Levush</ref><br />
# A Jew who lent a non-Jew money for interest can't stipulate the buyer resell it to him.<ref>Although the Rama 168:18 is lenient, both the Shach 168:57 and Taz 168:27 disagree.</ref><br />
# A Jew who lent a non-Jew money for interest can sell that debt to a Jew but can't stipulate that he'll sell that debt if the Jew also gives him an additional interest free loan.<ref>The Taz 168:24 in disagreeing with the Levush forbids this. Shach in Nekudat Hakesef and Chachmat Adam cited by Chelkat Binyamin 168:151 are lenient. Netivot Shalom 168:18:14:1 questions the Shach from Shulchan Aruch 166:3 and answers it. Chavot Daat 168:34 forbids because of Shulchan Aruch 160:23 and 172:4. Chelkat Binyamin thinks that even the Shach accepts part of the argument of the Chavot Daat and would forbid anytime that sale of the debt is at a lower price because of the fact that he is also receiving an interest free loan.</ref><br />
# The Jew can resell the non-Jew's debt for a lower interest rate than the non-Jew is giving him.<ref>Rama 168:18</ref><br />
# It is permitted for the buyer of the debt to leave the non-Jew's security deposit in the hands of the original Jewish lender. The responsibility of the security deposit is now upon the second Jew but if they stipulated that the first Jew would have responsibility then he does.<ref>Rama 168:18. Shach 168:58 notes that in such a case it is necessary to do a formal sale of the loan in order for him to leave the security deposit with the first Jew.</ref><br />
#It is forbidden to say that one wants to borrow from another Jew with interest on or in exchange for a non-Jew’s collateral which was given to the first Jew because of a interest loan.<Ref>Rosh responsa 108:28 writes that if a Jew who lent to a non-Jew with interest asks another Jew to lend him money with interest on the collateral he received from the non-Jew that is considered taking interest. What exactly is the issue with this formulation? The Shach contends that as long as one says that one wants to borrow from another Jew with interest on a non-Jewish collateral we can’t reinterepert his words and since he said he wanted to borrow with interest that is how we view his transaction. However, if he wouldn’t explain the transaction at all, we would explain him to mean that he intended to buy it since we’d prefer to say he did something permitted. Chelkat Binyamin 168:236 sides with the Shach. He explains that there’s a fundamental difference between a sale and a loan. A sale is where the first Jew is completely removed from any dealings with the non-Jew and if he collects anything from the non-Jew he must give it to the second Jew. A loan is where the first Jew must pay the second Jew whether or not the non-Jew will pay. The Bach 168:26 disagrees and explains that there is a minhag to be lenient even if one says that one intends to borrow because we reinterpret it to mean to buy. Taz seems to agree. The Bet Yosef and Taz imply that the reason for the Rosh isn’t because of his incriminating words but rather because of his motivation. If the Jewish lender would have borrowed on that collateral for the benefit of the non-Jew it wouldn’t be considered a Jewish loan. However, as long as the motivation is for the needs of the Jew we understand that transaction between the two Jews to be a loan and not a sale.</ref><br />
<br />
==Managing Someone Else's Money==<br />
===Jewish Money Deposited with Non-Jew Used for Jewish Loan===<br />
#If a Jew deposits money with a non-Jew it is permitted for another Jew to borrow from that non-Jew with interest as long as the non-Jew took responsibility to the first Jew like a borrower.<ref>The Tosefta b”m 5:8 states that if a Jew deposited money with a non-Jew if the non-Jew took responsibility for it then he can lend it to another Jew with interest. Although the Baal Hatrumot 1:46:2:6 quotes someone who held we don’t follow the Tosefta, in 7:1 he writes that we do follow the Tosefta. Also, the Rosh b”m 5:56 and Tur and Shulchan Aruch Y.D. 168:21 codify it. Bet Yosef 168:21 isn’t certain what is the definition of the amount of responsibility that the non-Jew must accept in order to permit this. Does it mean that the non-Jew has responsibility like a watchman or does he need to take responsibility like a borrower who even if it is lost is obligated? He quotes the Baal Hatrumot assumed it was the latter. Shach 168:68 and Taz 168:31 agree.</ref><br />
<br />
===Non-Jewish Money Deposited with Non-Jew Used for Jewish Loan===<br />
#Money deposited by a non-Jew with a Jew, if the Jew accepts responsibility for them as a lona, he may not then lend them with interest. However, if he didn’t accept responsibility if he lent them to another Jew he didn’t take interest. Nonetheless, it is generally forbidden to do so since it is suspicious (marit ayin) and appears like taking interest from another Jew.<ref>The Tosefta b”m 5:8 states that if a non-Jew deposited money with a Jew he can lend it to another Jew with interest if the first Jew doesn’t have responsibility for the loan. The Bet Yosef 168:22 quotes the Baal Hatrumot 7:1 who explains that if the Jew has responsibility for the loan if it isn’t paid up that is a problem, however, if he merely accepts responsibility to pay while it is in his domain that is permissible since if something happens he can pay and there was no loan at all. Shach 168:69 and Taz 168:33 agree. Nonetheless, even in the first case, the Tur 168:23 writes that there is a problem because people will suspect that the first Jew is lending his own money to another Jew with interest.</ref><br />
# The issue of doing something that appears suspicious is avoided when it is well known that the Jew involved is an administrator for the non-Jew’s money and is merely lending the non-Jew’s money and not his own.<ref>Ran b”m 61b s.v. ani cited by Bet Yosef 168:23 writes that if a Jew is appointed a financial administrator over the non-Jew’s money he no longer has to be concerned with marit ayin since people won’t suspect him of lending his own money. Talmidei Harashba similarly holds that if it is the Jew’s profession to deal with the non-Jew’s money then there’s no suspicion. Baal Hatrumot 7:1 in fact only requires that the lender express to the borrower that it isn’t his own money. Rama 168:23 and Shach 168:71 accept the Ran and Talmidei Harashba, not the Baal Hatrumot.</ref><br />
===Non-Jew Hired by Jew to Lend His Money with Interest===<br />
#If a Jew hires a non-Jew to lend out his money with interest to Jews, it is only permitted if the non-Jew is merely an agent and accepts responsibility. Otherwise it is forbidden.<ref>The Tur 168:23 extends the cases of the Tosefta to include cases of where a Jew hires a non-Jew to lend his money out with interest. Again, it all depends on who takes the responsibility for the loan. Shulchan Aruch 168:23 codifies this.</ref><br />
===Jew Hired by Non-Jew to Lend His Money with Interest===<br />
#If a non-Jew hires a Jew to lend out his money with interest to Jews, it is forbidden if the Jewish employee accepts responsibility as a loan. Even if he doesn’t accept responsibility and technically it is a non-Jewish loan, nonetheless, there is a concern for suspicion (marit ayin) that it appears to be interest between two Jews.<Ref>Tur and Shulchan Aruch 168:23</ref><br />
<br />
==Interest Gifted to A Jew or Non-Jew==<br />
# It is forbidden to lend another Jew money in order that he give the interest to a non-Jew.<ref>Shulchan Aruch Y.D. 168:1</ref> <br />
# It is permitted for a Jew to borrow from a non-Jew even if afterwards the non-Jew gives the interest to a Jew.<ref>Shulchan Aruch Y.D. 168:4</ref><br />
<br />
==Disputes about the Arrangement==<br />
#If the borrower claims that his lender charged him interest and he should return it, if the lender responds that it was done in a permissible way he is believed without any oath. Some say that it is necessary to specify how it was done permissibly.<ref>Taz 168:36</ref> <br />
#This is true as long as the lender already collected the interest. However, if he has a collateral of the borrower or a legal document that entitles him to collect, he can collect after making an oath. If he responds that he didn’t take any interest or doesn’t know if he took any interest, he is believed only if he takes an oath to that effect. This is true as long as the lender already collected the interest, has a collateral of the borrower, or have a legal document that entitles him to collect. However, in absence of that and the lender hasn’t yet collected if the borrower claims that he doesn’t owe the money due to interest he is believed and doesn’t have to pay.<Ref>Shulchan Aruch and Rama Y.D. 168:25</ref><br />
#If the borrower claims that his lender charged him interest and he should return it, if the lender responds that it was done in a permissible way he is believed without any oath. Some say that it is necessary to specify how it was done permissibly.<ref>Taz 168:36</ref> This is true as long as the lender already collected the interest. However, if he has a collateral of the borrower or a legal document that entitles him to collect, he can collect after making an oath. If he responds that he didn’t take any interest or doesn’t know if he took any interest, he is believed only if he takes an oath to that effect. This is true as long as the lender already collected the interest, has a collateral of the borrower, or have a legal document that entitles him to collect. However, in absence of that and the lender hasn’t yet collected if the borrower claims that he doesn’t owe the money due to interest he is believed and doesn’t have to pay.<Ref>Shulchan Aruch and Rama Y.D. 168:25</ref><br />
<br />
==Resources==<br />
*[https://docs.google.com/presentation/d/1ap-s04x1RQAvlRiZsg8wiN5zxmRQlCS8Bl5H4oBcpvs/edit?usp=sharing Slides for YD Siman 168-9]<br />
==Sources==<br />
<references/><br />
[[Category:Ribbit]]</div>YitzchakSultanhttps://halachipedia.com/index.php?title=Interest_with_Non-Jews&diff=25520Interest with Non-Jews2020-04-07T20:59:10Z<p>YitzchakSultan: /* Jewish Money Deposited with Non-Jew Used for Jewish Loan */</p>
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<div><br />
=Who can you take interest from?=<br />
==Non-Jews==<br />
# It is permitted to lend to and borrow from non-Jews with interest.<ref>The Gemara Bava Metsia 70b states that it is permitted to charge non-Jews ribbit and there is only a rabbinic prohibition to do so. The reason the rabbis forbade it is that they didn’t want people to learn from the non-Jews by interacting with them too much. They only permitted it for a talmid chacham or someone who needs to make money to survive. This is codified by the Rambam and Rif. However, Tosfot 70b s.v. tashich writes that today we lend with interest to non-Jews for three reasons: 1) we follow the opinion that there’s no rabbinic prohibition to lend to non-Jews at all. 2) Due to the high taxes we have to charge non-Jews interest otherwise financially wouldn’t survive and it is considered necessary for our livelihood. 3) Really based on the reason of the prohibition it is prohibited to do any business with non-Jews and if we didn’t do that we wouldn’t survive. Meiri b”m 70b agrees with reason two. Tur YD 159:1 cites the last reason of Tosfot. Shulchan Aruch and Rama Y.D. 159:1 simply writes that nowadays it is permitted to lend non-Jews with interest.</ref><br />
#Nowadays in Israel it is forbidden to lend non-Jews money with interest since it is possible to do business with Jews exclusively. Yet it would be permitted in order to make a livelihood but not to make oneself wealthy.<ref>Netivot Shalom YD 159:1:16 writes that today in Israel since it is possible to do without lending non-Jews with interest it is unclear if it is permitted to do so nowadays. Additionally, Rav Moshe Halevi in Malveh Hashem 5:3 writes that Jews who live in Israel should be strict not to lend non-Jews with interest since it is possible to transact with Jews and be financially stable. He explains that none of the reasons of Tosfot apply today except that perhaps we don't hold that there's any prohibition which is rejected. Similarly, Rav Shlomo Mazuz in Kerem Shlomo 159:8 is strict. Rav Ovadia Yosef in Halichot Olam v. 8 p. 3 writes that we hold that as long as it is difficult to do business only to Jews it is permitted in accordance with Tosfot, however, we do not hold that once the gezerah stopped applying it is nullified completely.</ref> Some poskim are lenient even in Israel.<ref>Chut Shani 2:1 p. 39 writes that even nowadays it is permitted to lend a non-Jew with interest even though in Israel we can support ourselves without business to non-Jews. Since there is some business with non-Jews and non-religious Jews the leniencies are still relevant. Chelkat Binyamin 159:10 (written in America) is lenient in all cases.</ref> <br />
# Even outside Israel one should be strict if one can.<ref>Chachmat Adam 130:6 writes that any honest man who could avoid taking interest from non-Jews should do so.</ref> Some say that for an impersonal bank it is permitted since one hardly interacts with the non-Jews.<ref> Chelkat Binyamin 159:1 s.v. vhaidna writes that one doesn’t have to be strict for the Chachmat Adam if one is lending to a bank and one only has to interact with them minimally.</ref> <br />
#It is permitted to borrow with interest from non-Jews.<ref>Rambam Malveh Vloveh 5:2 explains that they never prohibited it lest one come to learn from their ways since it is normal for a borrower to avoid the lender and not learn from him. Meiri b”m 70b agrees. Chazon Ovadia Shabbat v. 1 p. 7 and Malveh Hashem 5:5 codify this as the halacha.</ref><br />
<br />
==Non-Religious Jew==<br />
# It is permitted to lend to a non-religious Jew with interest if he was brought up religious and later became non-religious.<Ref>Shulchan Aruch 159:2</ref> Initially this should be avoided.<ref>Rama 159:2</ref><br />
# One may not lend a non-religious Jew who is raised as a non-religious Jew with interest.<reF>Shulchan Aruch and Rama 159:3 forbid lending with ribbit to someone who is a tinok shenishba. Gemara Shabbat 68b clarifies that a child who was captive among non-Jews (tinok shenishba) and didn't know about Shabbat is considered as though he sinned unintentionally. Brit Yehuda 30:12 agree. Rambam Mamrim 3:3 writes that the sons of the karaites who were brought up with the mistakes of their parents aren't considered minim but should be returned in teshuva. (Yet, see the manuscript editions which include another few words that alter the meaning of the Rambam.) Pirush Mishnayot Chullin 1:2 writes that someone who reject tenants of our faith are considered minim. However, someone who was born into a family and background with such thoughts aren't culpable and are similar to a tinok shenishba. Binyan Tzion Chadashot 23 posits that many of the non-religious Jews today are considered tinok shenishba since they're following the ways of their fathers. <br />
* Chazon Ish YD 1:6 writes that once we try to teach him about the Orthodox ways and he turns it down he is considered to be a mumar. The amount of effort necessary to spend in trying to teach him is subjective and is left up to the judgement of the rabbis of each generation. Additionally, once he is aware of the Orthodox Jews and practices even without trying to teach him he can be considered a mumar. However, that too depends on how aware he was of the Orthodox Jews and to what degree and with what intensity his parents taught his otherwise. This is the basis for the dispute whether Karaites are mumarim. </ref> This applies to conservative and reform Jews today.<ref>Igrot Moshe 4:91:6, Chelkat Binyamin 159:22</ref><br />
# Some say that it is permitted to lend the Karaites with interest.<ref>Shulchan Aruch 159:3. Bet Yosef 159:3 cites the Pirush Mishnayot Chullin 1:2 where the Rambam says that karaites are like tinok shenishba and it is forbidden to lend them with interest. Bet Yosef points out that the Nemukei Yosef 42b quotes the Ri who says that anyone who once recognized Orthodox Jews isn’t a tinok shenishba disagrees with this Rambam. Shulchan Aruch follows the Rambam. However, the Shach 159:6 cites the Maharshal, Maharnach 113, Rash quoted by Mabit 1:38, Rav Betzalel 3 who are strict. Nekudat Hakesef he writes that the halacha on this matter is unresolved. Chelkat Binyamin 159:21 concludes with the Graz who is strict.</ref><br />
<br />
==Arrangements of Loans Between Several Parties==<br />
===Lending A Non-Jew's Money to A Jew with Interest===<br />
# If a person borrowed money from a non-Jew with interest it is forbidden to then lend that money to another Jew with interest.<ref>Shulchan Aruch Y.D. 168:1</ref><br />
# If a person borrowed money from a non-Jew with interest and then before he returns it another Jew wants that loan and is willing to pay the interest to the non-Jewish lender, one may only give that loan to the second Jew under one of two methods. Both of these methods free the first Jew from any financial relationship with the second Jew:<br />
## The non-Jew tells the first Jew to leave the money in a certain location and he will be exempt<ref>Although Shulchan Aruch 168:3 hold that it is sufficient for the non-Jew to state that you can leave the money in a certain location for the second Jew and it is understood that he is exempt from the loan obligation, Shach 168:7, Taz 168:3, and Gra 168:6 all hold that it is necessary to state so explicitly.</ref> and then the second Jew takes it from there.<ref>Shulchan Aruch Y.D. 168:3</ref> <br />
## The first Jew returns the money to the non-Jew and he then gives it to the second Jew. No words need to be spoken since it is understood that when the non-Jew took the money from the first Jew he was exempting him from his loan.<ref>Shulchan Aruch Y.D. 168:2</ref><br />
## It isn't a solution for the non-Jew to simply tell the first Jew to hand the money over to the second Jew and he'll be exempt since that appears as though the two Jews lent money with interest.<ref>Shulchan Aruch Y.D. 168:1</ref><br />
===Lending with Interest with a Non-Jewish Agent===<br />
# A non-Jew who borrowed from a Jew and is ready to return the money, if he finds another Jew to borrow that money with interest can give it to him with interest. However, if the non-Jew brought the money to the lender Jew he can't lend it to another Jew since that considered a loan between the lender and the other Jew with interest. Obviously this is forbidden if the non-Jew actually gave the money back to the lender that the lender may not lend that money to a Jew with interest. Additionally it is forbidden if the non-Jew put the money on the ground for the other Jew to pick up and the lender stated that the non-Jew would be exempt once he placed the money on the ground. These are all considered Biblical interest.<ref>Gemara Bava Metsia 71b, Shulchan Aruch Y.D. 168:6</ref> However, if the non-Jew simply hands the money to the borrower Jew in the presence of the lender Jew, most rishonim hold that this is rabbinically forbidden since the non-Jew is an agent of the borrower. However, there is a minority opinion in the rishonim who allows this.<ref>Rashi Bava Metsia 71b s.v. v'im explains that the conclusion of the Gemara was that there is a concept of agency for two Jews to create a loan between them with interest. This is rabbinically forbidden. This is the opinion of the Rif, Ramban, Rashba, Ran, and Nemukei Yosef all cited by the Bet Yosef 168:6. The Rambam Malveh Vloveh 5:4 however holds it is Biblically forbidden. On the other hand, Rabbenu Tam held that the gemara backed out of that stringency and so it is permitted. Rosh responsa 108:11 ponders how someone could possibly rule like Rabbenu Tam when it seems that it is forbidden and Rabbenu Tam brought no proofs. Either way, there the Rosh rejects following Rabbenu Tam initially. He is aware of the practice of some people to follow Rabbenu Tam but he argues that it is incorrect and the lender could only accept the interest if he is unaware that the non-Jew is borrowing the money for the other Jew.</ref> The halacha is not to accept this minority opinion.<ref>Shulchan Aruch Y.D. 168:6 completely rejects Rabbenu Tam's opinion. Rama 168:5 and 7 cites Rabbenu Tam however he says that one should only follow that opinion where there is a minhag. Chelkat Binyamin 168:51 writes that we don't follow the Rabbenu Tam since it is a question of Biblical interest.</ref><br />
# It is forbidden for a Jew to arrange with a non-Jew to lend your money to him in order that he lend it to another Jew with interest.<ref>Rashba teshuva 3:243 writes that it is forbidden to lend your money to him in order that he lend it to another Jew with interest since that is a mere legal fiction and is considered taking interest. Also, there is a concept of shelichut for a non-Jew to be considered a shelichut for purposes of being strict. That is, the rabbis view this transaction as though the non-Jew is an agent of the Jews and it is a loan between two Jews. Shulchan Aruch Y.D. 168:5 rule like the Rashba. The Shach 168:10 points out that the Rama would agree as well. Malveh Hashem 1:5:12 agrees. However, the Netivot Shalom 168:5:5 argues at length that the Rama never accepted this approach of the Rashba who expanded the concept of legal fictions for ribbit. The entire concept of Rabbenu Tam who allowed having a non-Jewish agent to arrange the loan with interest or Rashi's opinion who allowed a Jewish agent to arrange the loan with interest, both of which are cited by the Rama indicate that he was not concerned with the expansions of the Rashba. This is further supported by the fact that the Rama 168:5 implies that the reason for Shulchan Aruch is completely other than the reason of making a legal fiction out of taking interest. Netivot Shalom brings sources that show that there's a fundamental dispute of how far reaching is prohibition of using legal loopholes in interest (haramat ribbit) between the Maharam and Rashba. Netivot Shalom 166:6:13 extends this discussion to that of using a heter iska and the Gra's opinion that it violates haramat ribbit.</ref> After the fact it is forbidden to take the interest since the non-Jewish agent is merely a ruse and it was really a loan with interest from a Jew.<ref>Netivot Shalom 168:5:6 explains that the haramat ribbit that the Rashba was discussing was because the real intention of the parties was to create a loan between the two Jews and so it is completely ribbit, which is forbidden even after the fact. However, the Malveh Hashem 1:5:12 writes that this haramat ribit of the Rashba is purely legal fiction that is valid, though it is forbidden to arrange. Therefore, if it was already collected certainly it doesn't need to be returned.</ref><br />
#If the lender didn't know about the fact that the borrower appointed the non-Jew to borrow for him from a Jew with interest he can keep the interest<ref>Shulchan Aruch Y.D. 168:7</ref> and some allow him to even collect the interest once it was arranged.<ref><br />
* Derisha 168:4 explains that it is absolutely forbidden for the lender to make the borrower pay the interest since it is forbidden for the borrower to pay it, however, it already happened then the lender can keep it. <br />
* Shach 168:17 argues that it is permitted for the lender to make the borrower pay the interest since it was done without his knowledge and in such a case it isn't really forbidden for the borrower with respect to the lender. Chelkat Binyamin 168:55 and 57 rules like the Shach and explains that once the lender wasn't aware of the appointment of the non-Jew by the borrower it isn't forbidden for the borrower to pay the interest. The only aspect that was forbidden is the arrangement of the loan. <br />
* Netivot Shalom 168:7:6 writes that the Teshuvat Ri doesn't imply like the Derisha at all. Netivot Shalom 168:7:6 reads the Bet Yosef in accordance with the Derisha. However, the Chelkat Binyamin (168 Tziyunim 136) argues that the Bet Yosef held like the Shach.</ref> Sephardim are more strict and only allow this completely after the fact that the interest was collected.<ref>Horah Brurah 168:31. There he mentions the idea that the Bet Yosef suggests which is if the lender doesn't know from witnesses that the borrower appointed the non-Jew to be his agent and the borrower himself since he didn't appoint the non-Jew then the lender could collect the interest. Horah Brurah concludes that one may only rely upon this after the fact.</ref><br />
# If a Jew told a non-Jew to borrow for him from another non-Jew with interest and he went and borrowed from a Jew with interest the borrower can even pay the interest.<ref>Mordechai b"m 337, Shulchan Aruch Y.D. 168:8. Shach 168:19 and Taz 168:9 argue that just like the lender can collect the interest the borrower can pay it. However, it appears from the Bet Yosef that only the lender can collect it but it is forbidden for the lender to collect it. Horah Brurah 168:34 follows the Shach and Taz that if the non-Jew didn't follow the orders of the borrower it is then permitted for both the lender and borrower to exchange the interest at the end.</ref><br />
===Non-Jew borrowing with Interest from a Jew through a Jewish Agent===<br />
# If a non-Jew asks a Jew to borrow for him from another Jew with interest the Jewish agent may do his job as long as he says clearly that he is borrowing with interest on behalf of a non-Jew or the transaction is happening in the presence of the non-Jew.<ref>Ran b"m 71b s.v. mahu, Nemukei Yosef 42a, Hagaot Ashri 5:42, Rosh responsa 108:5, Raavan 103, and Smak 260 all cited by Bet Yosef 168:13. Baal Hatrumot 46:4:10 citing Ramban b"m 71b s.v. vgoy explains that even though the Jewish agent can't halachically become the agent of the non-Jew since there's no agency for non-Jews, the Jewish agent can be the agent of the lender.</ref> <br />
# The agent can't take upon himself responsibility for the capital or the interest. If he takes upon himself responsibility for either one that is considered as though the agent is a borrower and there is interest when the lender takes interest from the borrower.<ref>Shulchan Aruch 168:13</ref><br />
# The agent can't take upon himself responsibility for the collateral getting lost or stolen, rather the lender needs to take such responsibility. If he takes upon the regular type of responsibility as a [[shomer]] would generally take that is permitted. However, he may not take responsibility for unexpected circumstances.<ref>Shulchan Aruch Y.D. 168:16 based on the Rosh in disagreement with the Ramah who allowed taking even responsibility for unexpected events. </ref> If they didn't specify this responsibility and it was left unclear, after the fact, we can assume that the Jewish lender and the agent would want to arrange it in the permitted fashion.<ref>Shach 168:36 citing Bach, Baal Hatrumot 46:4:10 citing Ramban</ref><br />
# If the non-Jew never comes to pay the loan with the interest the agent may not pay it.<ref>Shulchan Aruch Y.D. 168:14</ref><br />
## Additionally, the lender may not force the agent to buy the collateral for the price of the capital and interest.<ref>Rama 168:14, Shach 168:47, Taz 168:20, Bach 168:15, Chelkat Binyamin 168:148. According to the Taz this is even the opinion of Shulchan Aruch, but according to the Shach and Bach this is only the opinion of the Rama and Shulchan Aruch would disagree.</ref><br />
## However, if the agent wants to buy the collateral for the capital and interest he can do so.<ref>Rama 168:14, Shach 168:47, Taz 168:20, Bach 168:15</ref><br />
# If the non-Jew never comes to pay the loan the lender can sell the collateral and keep the value. The agent can't stop the lender from doing so out of fear of the non-Jew since the lender isn't really incumbent to the agent or the non-Jew.<ref>Shulchan Aruch Y.D. 168:15, Rosh responsa 108:6</ref> Some say that if the agent was originally appointed by the lender to do this loan with the non-Jew, then if the agent is afraid of the ramifications of the lender selling the collateral, then the lender must listen and if he doesn't then he must pay for damages to the agent.<ref>Levush 168:15, Shach 168:50, Chelkat Binyamin 168:156. The explanation of the Levush is that essentially since the agent isn't a borrower he can tell the lender to do or not do something and that poses no issue. The lender should be cautious of the damages that can occur to the agent, however, if the agent arranged with the non-Jew and not the lender, then the lender doesn't have to be concerned. It is the responsibility of the agent. If the agent was originated commissioned by the Jewish lender then it is a concern for the lender that he doesn't cause a damage to the agent. The Taz 168:20 and Bet Meir disagree with the Levush. They hold that the lender doesn't have to listen to the agent in any event. They explain that the source for this halacha is the Rosh and he held that the borrower shouldn't take any responsibility for the collateral and yet he writes that he doesn't need to listen to the agent. Shach in Nekudat Hakesef 168:14 answers that these are two separate statements of the Rosh. The Bet Meir doesn't understand the Shach since the Rosh either way would discuss a permissible case according to his opinion.</ref><br />
<br />
===Lending with Interest from a Non-Jewish with a Jewish Agent using a Security Deposit===<br />
[[Image:Taking Mashkon from Non-Jew.png|300px|right]]<br />
[[Image:Returning Mashkon to Non-Jew.png| 350px| right]]<br />
# Some permit borrowing from a non-Jew with a security deposit so that they can in turn borrow with interest from another Jew with that security deposit. This is permitted since the non-Jew takes responsibility for the original loan and it is treated as two loans and not one. Ashkenazim can rely on this opinion.<ref>Ri cited by Rosh b"m 5:55, Rosh responsa 108:11, Rama 168:8 seems to support this approach. Darkei Moshe 168:4 quotes the Mordechai and Hagahot Ashri who held that it is permitted even initially. Darkei Moshe 168:9 cites the Kol Bo 84 and Hagahot Maimoniyot Malveh 5:3 who says that the minhag was like the Ri</ref> Others hold that generally this is forbidden to arrange but if one explicitly tells the non-Jew that he has responsibility for the loan then it is permitted.<ref>Ramban b"m 71b s.v. vbar cited by Tur 168:9, Rashba 7:321, Nemukei Yosef 42a, Talmidei Harashba, and Baal Hatrumot 46:4:10 s.v. vkatav alav haramban cited by Bet Yosef 168:9</ref><br />
# Even according to the strict opinion, a lender to a non-Jew with interest who collected a deposit from him which came originally from a Jew can collect the interest as long as he isn't certain that it was arranged improperly.<ref>Ri, Rosh, Shulchan Aruch 168:9. Chelkat Binyamin 168:63 explains that essentially there's two schools of thought regarding a loan with a security deposit from one Jew to another Jew with a non-Jew in between. The Gra and Levush understand that this depends on whether one may set up a non-Jew agent between two Jews who are transacting with interest. The Shach, Taz 168:14, and Chavot Daat 168:12, on the other hand, think that the security deposit poses its own problem in that it functionally creates a lien of the Jewish lender upon the original borrower Jew. This could be solved if the non-Jew acquired the deposit from the non-Jew in an absolute fashion.</ref> Some say that he may not collect the interest if he knew that it was a Jewish security deposit such as if it is a Jewish article of clothing.<ref>Tur 189:9, Shulchan Aruch 168:9. Bet Yosef 168:9 s.v. yisrael shnatan notes that the Mordechai 338 held within the opinion of Rabbenu Tam that it doesn't matter whether the deposit was clearly Jewish or not.</ref><br />
# If the original Jew wants to get his security deposit back from the other Jew who lent to the non-Jew and the non-Jew isn't cooperating, the lender Jew doesn't need to work with the borrower Jew since they didn't have any transaction one to another.<ref>Rosh responsa 108:8, Rama 168:9</ref><br />
# If a Jew has a security deposit of a non-Jew in his hands and the non-Jew direct him to use it to borrow from another Jew with interest on his behalf, the first Jew may do so.<ref>Mordechai 337 writes that a Jew can use a non-Jew's security deposit to borrow from a Jew with interest if he is instructed so by the non-Jew. The Mordechai seems to apply this even to the case where the Jew didn't have the non-Jew's deposit but instead wanted to gift him a deposit of his own for its value. The Bet Yosef is troubled by this leniency since there's no mechanism by which the non-Jew is actually acquiring the deposit. Taz 168:14 gives a nuanced explanation that it was sold to the second Jew with a condition that the non-Jew could buy it back. Bach 168:13 and Nekudat Hakesef 168:11 explain that once a owner admits to the fact someone else owns his item it halachically belongs to that person (''kinyan odita'') and that is sufficient to remove the prohibition of ribbit. Either way, the Rama 169:11 concludes that we assume that it is impossible to gift a deposit to a non-Jew without him making a physical [[kinyan]] such as meshicha.</ref><br />
====Non-Jew Borrowed from Jew with Collateral and Jewish Agent====<br />
#A Jewish agent brought a collateral from a non-Jew to another Jew in order to borrow with interest. After the loan is due, the lender Jew can ask the agent to show him which non-Jew he lent to but can not ask the agent to pay for the asked the agent to redeem the non-Jew’s collateral and pay for the loan.<ref>Bet Yosef 168:27 cites the Rashba 3:47 who speaks of a case where a Jew brought a collateral from a non-Jew to another Jew in order to borrow with interest, then the lender Jew asked the agent to redeem the non-Jew’s collateral and pay for the loan. The Rashba rules that it is forbidden for the agent Jew to pay the loan and interest since he is merely an agent. He must though indicate to the lender Jew who is the non-Jew who borrowed the money. Shulchan Aruch YD 168:27 codifies the Rashba. Shach 168:83 explains that the agent has no responsibility to sell or buy the collateral from the lender.</ref><br />
<br />
====Non-Jew Selling Jewish Debt====<br />
#If a Jew owed a non-Jew capital and interest, that non-Jew can sell that debt to another Jew. If the non-Jew collects the interest it is permitted for the Jew to accept it, yet if he doesn't then the second Jew shouldn't collect the interest from the first Jew.<ref>Rashba responsa 1:764 cited by Darkei Moshe 168:6, Bedek Habayit 168:27, and Knesset Hagedola (Bet Yosef 168:44).</ref><br />
<br />
====Jew Selling Non-Jewish Debt====<br />
# If a Jew lent a non-Jew with interest upon a security deposit of the non-Jew. Then the non-Jew sold the security deposit to another Jew and he was told to pay the debt to the first Jew and collect the security deposit. This transaction is totally permitted since the loan was made between the Jew and non-Jew and then there was a sale of the non-Jewish debt to a Jew.<ref>Rosh responsa 108:25, Shulchan Aruch 168:12</ref><br />
#However, if the Jew who bought the debt then didn't pay off the debt immediately in order to redeem the deposit and only paid it after some time, thereby accruing a further interest charge upon the non-Jewish lender, the non-Jew may pay that interest charge to the Jewish lender even if the non-Jew in turn forces the Jewish buyer to pay him for that interest charge. But the Jewish buyer may not pay the interest to the Jewish lender because that would paying interest.<ref>Rosh responsa 108:25, Shulchan Aruch 168:12</ref><br />
====When the Deposit was Taken Forcibly====<br />
# If a non-Jew took a security deposit from a Jew forcibly and then used it to borrow with interest from another Jew, that second jew may collect interest from the non-Jew but may not collect interest from the first Jew.<ref>Smak 260, Kol Bo 84, Mordechai 338 citing Riva, Baal Hatrumot 46:4:10 all quoted by the Bet Yosef 168:10</ref> Some disagree and allow collecting the interest.<ref>Rosh cited by Tur 168:10</ref> <br />
# However, under the following two circumstances one may collect the interest according to everyone: <br />
##If the force and responsibility of the loan rests upon the non-Jew besides for the security deposit then it is permitted to collect the interest from the first Jew.<ref>Bet Yosef 168:10 based on the Baal Hatrumot</ref><br />
##Additionally, if the first Jew didn't know that his security deposit was going to be used to borrow from a Jew with interest it isn't any question of interest for him to pay the second Jew the interest to redeem his item.<ref>Maharik 16 cited by Bet Yosef 168:10</ref><br />
====When the Deposit was Given to the Non-Jew Properly====<br />
# If a Jew borrowed from a non-Jew with interest and gave him a security deposit. If the non-Jew takes that deposit and uses it to borrow from another Jew with interest some say that one may not take interest from that transaction, while others say that one can. Generally we are lenient except in the following two circumstances:<ref>Shulchan Aruch 168:10, 20</ref> <br />
##If the non-Jew forcibly took the deposit from the first Jew then we assume that the deposit wasn't really acquired by the non-Jew and so when it is used to borrow against another Jew it is like there's a deal between the two Jews.<ref>Bet Yosef 168:10 in his second answer, Shach 168:26, 67, Taz 168:11. Gra 168:23 disagrees.</ref><br />
##Additionally, if the non-Jew immediately took that deposit from the first Jew and used it to borrow from the second Jew then it appears that he did so only to create a loan between two Jews. However, if he held onto it for some time for himself then it isn't an issue.<ref>Bet Yosef 168:10 in his first answer, Shach 168:67</ref><br />
<br />
====Lending with Interest from a Non-Jewish with a Jewish Agent using a Jewish Security Deposit====<br />
#If a Jew lent from another Jew and got a collateral for that loan, and specified that if the Jew didn’t pay up on time he would either sell the collateral or borrow against it with interest. If he then borrowed against it with interest from a non-Jew, he isn’t responsible to pay the interest for the loan since that was the stipulation. Instead the Jewish borrower needs to pay the interest in order to redeem his collateral.<ref>Rashba responsa cited by Bet Yosef 168:26 explains that once they stipulated that the lender Jew can borrow with interest against the collateral we understand that to mean that the ledner Jew isn’t borrowing from the non-Jew for himself, rather he is doing so as an agent of the other Jew. Therefore, the borrower Jew can repay the interest to the non-Jew and it isn’t interest to the lender Jew since he is neither a lender or a guarantor of the loan, he is simply the agent. Shaar Mishpat 168:13 cites this Rashba but also cites the Maharit YD 46 based on the Maharam who argues that it is an asmachta and isn't binding. Therefore, the lender couldn't lend to the non-Jew with interest on that collateral. Shulchan Gavoha 168:50 cites this Rashba and fundamentally puts it in the same camp as the Rosh which is codfied by Shulchan Aruch 168:26. Kovetz Halichot Horah Ribbit v. 5 p. 316-7 explains that it is necessary for the Rashba and Ramban 71a that the lender Jew be the agent of the original borrower as well as the fact that the non-Jew is collecting from the collateral. The reason is that if it was simply that the non-Jew would collect from the collateral but the Jewish lender was never appointed as an agent then he is in essence borrowing for himself with interest and having another Jew repay his interest using his collateral.</ref><br />
#If a Jew lent from another Jew and got a collateral for that loan, he can then use that collateral to borrow with interest from a non-Jew. He should specify to the non-Jew that he is borrowing on behalf of another Jew and he has no responsibility. Alternatively, if the collateral is worth the entire value of the loan he can use it to borrow from the non-Jew with interest. Then the original borrower Jew can pay the non-Jew the interest and redeem his collateral. The Jewish lender was simply the agent of the first Jew to borrow with interest from a non-Jew.<ref>Tashbetz Katan 486 writes that if the Jewish lender specifies to the non-Jew that he is borrowing on behalf of another Jew it is permitted, otherwise it is like he is borrowing for himself and having the original borrower Jew pay the interest is forbidden. Yet, the Bet Yosef 168:26 points out that the Rosh implies that it is permitted for the original borrower to pay the interest even if the lender Jew didn’t make that stipulation. Shulchan Aruch 168:26 simply quotes the case without specifically mentioning that stipulation. Shach 168:82 explains that the Tashbetz Katan and Rosh agree. Either a stipulation is necessary or having a collateral that is worth the entire value of the loan and interest. Otherwise it is forbidden. Chelkat Binyamin 168:291 agrees. Mayin Ganim Abadi YD 9 shows at length that the Bet Yosef thought that there is a dispute between the Tashbetz Katan and Rosh. The Rosh thinks that even without specifying it is assumed that the non-Jew depends on the collateral and there’s no responsibility upon the Jew. However, the Tashbetz Katan thinks that only if the Jew specifies that is it so, otherwise we assume that the non-Jew will hold responsible the Jew who is borrowing from him as well as from the collateral, in which case it would be forbidden for the original borrower to pay the interest. Erech Lechem 168:17 implies this as well. He explains that the Ran cited in Shulchan Aruch 168:17 implies like the Tashbetz Katan, yet, Shulchan Aruch ultimately sided with the Rosh and Rashba unlike the Tashbetz Katan and Ran.</ref><br />
#If a Jew lent from another Jew and got a collateral for that loan, and specified that if the Jew didn’t pay up on time he would either sell the collateral or borrow against it with interest. If he then borrowed against it with interest from a non-Jew, he isn’t responsible to pay the interest for the loan since that was the stipulation. Instead the Jewish borrower needs to pay the interest in order to redeem his collateral.<ref>Rashba responsa cited by Bet Yosef 168:26 explains that once they stipulated that the lender Jew can borrow with interest against the collateral we understand that to mean that the ledner Jew isn’t borrowing from the non-Jew for himself, rather he is doing so as an agent of the other Jew. Therefore, the borrower Jew can repay the interest to the non-Jew and it isn’t interest to the lender Jew since he is neither a lender or a guarantor of the loan, he is simply the agent. Shaar Mishpat 168:13 cites this Rashba but also cites the Maharit YD 46 based on the Maharam who argues that it is an asmachta and isn't binding. Therefore, the lender couldn't lend to the non-Jew with interest on that collateral. Shulchan Gavoha 168:50 cites this Rashba and fundamentally puts it in the same camp as the Rosh which is codfied by Shulchan Aruch 168:26. Kovetz Halichot Horah Ribbit v. 5 p. 316-7 explains that it is necessary for the Rashba and Ramban 71a that the lender Jew be the agent of the original borrower as well as the fact that the non-Jew is collecting from the collateral. The reason is that if it was simply that the non-Jew would collect from the collateral but the Jewish lender was never appointed as an agent then he is in essence borrowing for himself with interest and having another Jew repay his interest using his collateral.</ref><br />
#If a Jew wants to borrow from a non-Jew with interest and he asks another Jew to be his agent, he can do so. If he gives him a collateral then it isn’t necessary for the agent to specify that he is borrowing on behalf of someone else since the non-Jew is ready to collect from the collateral.<ref>Rosh b”m 5:56, Tur and Shulchan Aruch 168:17. Bet Yosef 168:17 based on the Nemukei Yosef 44a clarifies that it is insufficient to say that the collateral serves as the place where the non-Jew can collect, rather he needs even to specify that he bares no responsibility. Shach 168:52 cites this opinion. Shulchan Aruch 170:1 follows that opinion.</ref> Some say that as long as the collateral is actually worth the value of the loan and interest, then it is automatic that the non-Jew is ready to collect from the collateral and his lein applies to that and not to the Jew.<Ref>Shach 168:51</ref><br />
#If a Jew wants to borrow from a non-Jew with interest and he asks another Jew to be his agent, he can do so. Yet, it is important that the agent specify with the non-Jew that he is indeed borrowing on behalf of another Jew and he bares no responsibility.<ref>Tur and Shulchan Aruch 168:17</ref><br />
#It is an issue if the Jewish agent has any responsibility for the loan even to serve as a guarantor that can be collected from first (Arev Kablan), rather the non-Jew needs to completely be able to collect from the collateral.<Ref>Bet Yosef 168:17 cites the Ran (Nemukei Yosef 42a) who holds that it is forbidden to be an Arev Kablan for another Jew.</ref><br />
#A Jewish agent brought a collateral from a non-Jew to another Jew in order to borrow with interest. After the loan is due, the lender Jew can ask the agent to show him which non-Jew he lent to but can not ask the agent to pay for the asked the agent to redeem the non-Jew’s collateral and pay for the loan.<ref>Bet Yosef 168:27 cites the Rashba 3:47 who speaks of a case where a Jew brought a collateral from a non-Jew to another Jew in order to borrow with interest, then the lender Jew asked the agent to redeem the non-Jew’s collateral and pay for the loan. The Rashba rules that it is forbidden for the agent Jew to pay the loan and interest since he is merely an agent. He must though indicate to the lender Jew who is the non-Jew who borrowed the money. Shulchan Aruch YD 168:27 codifies the Rashba. Shach 168:83 explains that the agent has no responsibility to sell or buy the collateral from the lender.</ref><br />
<br />
====Borrowing on Behalf of a Community====<br />
#If a few Jewish administrators of a community or communal institution want to borrow with interest from a non-Jew on behalf of the community and then they lent it to the community with interest that is forbidden since ultimately the non-Jew will old the Jewish administrators responsible.<ref>Rashba responsa 5:259 writes that he heard that in many communities they will have the administrators of a community borrow with interest from a non-Jew on behalf of the community and then he lends it out with interest to the rest of the congregation. Rashba writes vehemently that there is nothing to rely upon. Rama 168:17 ambiguously quotes this practice without endorsing it or dismissing it.</ref><br />
#If an administrator for a community borrows from a non-Jew in order to pay for a communal construction project, according to some, he may be paid back by the community including the interest.<ref>Pitchei Teshuva 168:4 cites Chatom Sofer YD 135 who writes that once an administrator of the community borrowed from a non-Jew with interest for building a communal building for guests. Then he charged the community to each pay their share of the cost. He cites the Ranach 58 who permitted a contractor who borrowed with interest from non-Jews to be repaid by the community since they are essentially paying for the building and not interest for a loan.</ref><br />
<br />
===Selling a Non-Jew's Debt to Another Jew===<br />
# If one Jew lent money to a non-Jew with interest he can then sell that loan to another Jew and he should stipulate that this is a complete sale of the loan and they will no longer have any claims upon each other. Thereby the buyer becomes the new lender to the non-Jew and can collect interest.<ref>Shulchan Aruch 168:18. When there is no security deposit, the Shach 168:62 explains that the mechanism isn't exactly a sale since one can't really sell the debt to another Jew. Rather one is forgiving the non-Jew from paying him back. Then the non-Jew can pay the second Jew as he is "considered" according to their intention to be the new lender. In Shach 168:63 he clarifies that he doesn't need to inform the non-Jew of that which he forgave. Netivot Shalom 168:18:9 explains that even though the non-Jew will be paying the second Jew in error he can collect it. Shach 168:63 is in disagreement with the Bach who thinks that it is necessary to alert the non-Jew.</ref> When there is a security deposit from the non-Jew that would have to be transferred to the second Jew with the same stipulation that it is a complete sale and they have no claims upon each other.<ref>Shulchan Aruch Y.D. 168:18</ref> According to Ashkenazim it isn't necessary to make such a clear stipulation since it is assumed that this is the stipulation.<ref>Rama 168:18 following the Mordechai and Rosh teshuva</ref><br />
# A Jew who lent to a non-Jew with interest can sell the non-Jew's loan from a certain date going forward. The first Jew would collect the interest until that date and the second from that date and on.<ref>Tur 168:18</ref><br />
# A Jew who lent a non-Jew for a certain percent he can sell that loan at a lower percent. For example, if the first Jew lent a non-Jew $100 for 10% a year and then resold that debt to another Jew for 5% a year.<ref>Levush, Shach, Chachmat Adam against Taz</ref><br />
# A Jew who lent a non-Jew money for interest can then resell it to a Jew but he may not sell a portion of that loan to a Jew.<Ref>Shach (Nekudat Hakesef on Taz 168:28) and Levush</ref><br />
# A Jew who lent a non-Jew money for interest can't stipulate the buyer resell it to him.<ref>Although the Rama 168:18 is lenient, both the Shach 168:57 and Taz 168:27 disagree.</ref><br />
# A Jew who lent a non-Jew money for interest can sell that debt to a Jew but can't stipulate that he'll sell that debt if the Jew also gives him an additional interest free loan.<ref>The Taz 168:24 in disagreeing with the Levush forbids this. Shach in Nekudat Hakesef and Chachmat Adam cited by Chelkat Binyamin 168:151 are lenient. Netivot Shalom 168:18:14:1 questions the Shach from Shulchan Aruch 166:3 and answers it. Chavot Daat 168:34 forbids because of Shulchan Aruch 160:23 and 172:4. Chelkat Binyamin thinks that even the Shach accepts part of the argument of the Chavot Daat and would forbid anytime that sale of the debt is at a lower price because of the fact that he is also receiving an interest free loan.</ref><br />
# The Jew can resell the non-Jew's debt for a lower interest rate than the non-Jew is giving him.<ref>Rama 168:18</ref><br />
# It is permitted for the buyer of the debt to leave the non-Jew's security deposit in the hands of the original Jewish lender. The responsibility of the security deposit is now upon the second Jew but if they stipulated that the first Jew would have responsibility then he does.<ref>Rama 168:18. Shach 168:58 notes that in such a case it is necessary to do a formal sale of the loan in order for him to leave the security deposit with the first Jew.</ref><br />
#It is forbidden to say that one wants to borrow from another Jew with interest on or in exchange for a non-Jew’s collateral which was given to the first Jew because of a interest loan.<Ref>Rosh responsa 108:28 writes that if a Jew who lent to a non-Jew with interest asks another Jew to lend him money with interest on the collateral he received from the non-Jew that is considered taking interest. What exactly is the issue with this formulation? The Shach contends that as long as one says that one wants to borrow from another Jew with interest on a non-Jewish collateral we can’t reinterepert his words and since he said he wanted to borrow with interest that is how we view his transaction. However, if he wouldn’t explain the transaction at all, we would explain him to mean that he intended to buy it since we’d prefer to say he did something permitted. Chelkat Binyamin 168:236 sides with the Shach. He explains that there’s a fundamental difference between a sale and a loan. A sale is where the first Jew is completely removed from any dealings with the non-Jew and if he collects anything from the non-Jew he must give it to the second Jew. A loan is where the first Jew must pay the second Jew whether or not the non-Jew will pay. The Bach 168:26 disagrees and explains that there is a minhag to be lenient even if one says that one intends to borrow because we reinterpret it to mean to buy. Taz seems to agree. The Bet Yosef and Taz imply that the reason for the Rosh isn’t because of his incriminating words but rather because of his motivation. If the Jewish lender would have borrowed on that collateral for the benefit of the non-Jew it wouldn’t be considered a Jewish loan. However, as long as the motivation is for the needs of the Jew we understand that transaction between the two Jews to be a loan and not a sale.</ref><br />
# If a Jew borrowed from a non-Jew with a collateral and then the non-Jew for his own purposes borrowed from another Jew with the same collateral it is permitted for the second Jew to collect interest from the non-Jew, even if the non-Jew will in turn force the first Jew to pay interest.<ref>Tur 168:20 quotes the Baal Haitur that if a Jew borrowed from a non-Jew with a collateral and now the non-Jew is borrowing from another Jew with the same collateral the second Jew may not accept the interest from the non-Jew since it is as though it is coming from the Jew. However, the Rosh Pesachim 2:10 and Rashba 3:229 disagree. Once the Jew borrows from the non-Jew it is completely permitted and if the non-Jew then borrows from another Jew that is disconnected. The Bet Yosef 168:20 cites the Ran b”m 71b s.v. veharamban and Baal Hatrumot 46:4:10 who side with the Baal Haitur. Yet, the Baal Hatrumot adds that if the non-Jew accepts responsibility for the loan he’s taking from the second Jew it is permitted. Shulchan Aruch 168:20 cites the Rosh and Rashba as the main opinion and the Baal Haitur as some say.</ref><br />
<br />
==Managing Someone Else's Money==<br />
===Jewish Money Deposited with Non-Jew Used for Jewish Loan===<br />
#If a Jew deposits money with a non-Jew it is permitted for another Jew to borrow from that non-Jew with interest as long as the non-Jew took responsibility to the first Jew like a borrower.<ref>The Tosefta b”m 5:8 states that if a Jew deposited money with a non-Jew if the non-Jew took responsibility for it then he can lend it to another Jew with interest. Although the Baal Hatrumot 1:46:2:6 quotes someone who held we don’t follow the Tosefta, in 7:1 he writes that we do follow the Tosefta. Also, the Rosh b”m 5:56 and Tur and Shulchan Aruch Y.D. 168:21 codify it. Bet Yosef 168:21 isn’t certain what is the definition of the amount of responsibility that the non-Jew must accept in order to permit this. Does it mean that the non-Jew has responsibility like a watchman or does he need to take responsibility like a borrower who even if it is lost is obligated? He quotes the Baal Hatrumot assumed it was the latter. Shach 168:68 and Taz 168:31 agree.</ref><br />
<br />
===Non-Jewish Money Deposited with Non-Jew Used for Jewish Loan===<br />
#Money deposited by a non-Jew with a Jew, if the Jew accepts responsibility for them as a lona, he may not then lend them with interest. However, if he didn’t accept responsibility if he lent them to another Jew he didn’t take interest. Nonetheless, it is generally forbidden to do so since it is suspicious (marit ayin) and appears like taking interest from another Jew.<ref>The Tosefta b”m 5:8 states that if a non-Jew deposited money with a Jew he can lend it to another Jew with interest if the first Jew doesn’t have responsibility for the loan. The Bet Yosef 168:22 quotes the Baal Hatrumot 7:1 who explains that if the Jew has responsibility for the loan if it isn’t paid up that is a problem, however, if he merely accepts responsibility to pay while it is in his domain that is permissible since if something happens he can pay and there was no loan at all. Shach 168:69 and Taz 168:33 agree. Nonetheless, even in the first case, the Tur 168:23 writes that there is a problem because people will suspect that the first Jew is lending his own money to another Jew with interest.</ref><br />
# The issue of doing something that appears suspicious is avoided when it is well known that the Jew involved is an administrator for the non-Jew’s money and is merely lending the non-Jew’s money and not his own.<ref>Ran b”m 61b s.v. ani cited by Bet Yosef 168:23 writes that if a Jew is appointed a financial administrator over the non-Jew’s money he no longer has to be concerned with marit ayin since people won’t suspect him of lending his own money. Talmidei Harashba similarly holds that if it is the Jew’s profession to deal with the non-Jew’s money then there’s no suspicion. Baal Hatrumot 7:1 in fact only requires that the lender express to the borrower that it isn’t his own money. Rama 168:23 and Shach 168:71 accept the Ran and Talmidei Harashba, not the Baal Hatrumot.</ref><br />
===Non-Jew Hired by Jew to Lend His Money with Interest===<br />
#If a Jew hires a non-Jew to lend out his money with interest to Jews, it is only permitted if the non-Jew is merely an agent and accepts responsibility. Otherwise it is forbidden.<ref>The Tur 168:23 extends the cases of the Tosefta to include cases of where a Jew hires a non-Jew to lend his money out with interest. Again, it all depends on who takes the responsibility for the loan. Shulchan Aruch 168:23 codifies this.</ref><br />
===Jew Hired by Non-Jew to Lend His Money with Interest===<br />
#If a non-Jew hires a Jew to lend out his money with interest to Jews, it is forbidden if the Jewish employee accepts responsibility as a loan. Even if he doesn’t accept responsibility and technically it is a non-Jewish loan, nonetheless, there is a concern for suspicion (marit ayin) that it appears to be interest between two Jews.<Ref>Tur and Shulchan Aruch 168:23</ref><br />
<br />
==Interest Gifted to A Jew or Non-Jew==<br />
# It is forbidden to lend another Jew money in order that he give the interest to a non-Jew.<ref>Shulchan Aruch Y.D. 168:1</ref> <br />
# It is permitted for a Jew to borrow from a non-Jew even if afterwards the non-Jew gives the interest to a Jew.<ref>Shulchan Aruch Y.D. 168:4</ref><br />
<br />
==Disputes about the Arrangement==<br />
#If the borrower claims that his lender charged him interest and he should return it, if the lender responds that it was done in a permissible way he is believed without any oath. Some say that it is necessary to specify how it was done permissibly.<ref>Taz 168:36</ref> <br />
#This is true as long as the lender already collected the interest. However, if he has a collateral of the borrower or a legal document that entitles him to collect, he can collect after making an oath. If he responds that he didn’t take any interest or doesn’t know if he took any interest, he is believed only if he takes an oath to that effect. This is true as long as the lender already collected the interest, has a collateral of the borrower, or have a legal document that entitles him to collect. However, in absence of that and the lender hasn’t yet collected if the borrower claims that he doesn’t owe the money due to interest he is believed and doesn’t have to pay.<Ref>Shulchan Aruch and Rama Y.D. 168:25</ref><br />
#If the borrower claims that his lender charged him interest and he should return it, if the lender responds that it was done in a permissible way he is believed without any oath. Some say that it is necessary to specify how it was done permissibly.<ref>Taz 168:36</ref> This is true as long as the lender already collected the interest. However, if he has a collateral of the borrower or a legal document that entitles him to collect, he can collect after making an oath. If he responds that he didn’t take any interest or doesn’t know if he took any interest, he is believed only if he takes an oath to that effect. This is true as long as the lender already collected the interest, has a collateral of the borrower, or have a legal document that entitles him to collect. However, in absence of that and the lender hasn’t yet collected if the borrower claims that he doesn’t owe the money due to interest he is believed and doesn’t have to pay.<Ref>Shulchan Aruch and Rama Y.D. 168:25</ref><br />
<br />
==Resources==<br />
*[https://docs.google.com/presentation/d/1ap-s04x1RQAvlRiZsg8wiN5zxmRQlCS8Bl5H4oBcpvs/edit?usp=sharing Slides for YD Siman 168-9]<br />
==Sources==<br />
<references/><br />
[[Category:Ribbit]]</div>YitzchakSultanhttps://halachipedia.com/index.php?title=Interest_with_Non-Jews&diff=25519Interest with Non-Jews2020-04-07T20:58:25Z<p>YitzchakSultan: /* Interest Gifted to A Jew or Non-Jew */</p>
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<div><br />
=Who can you take interest from?=<br />
==Non-Jews==<br />
# It is permitted to lend to and borrow from non-Jews with interest.<ref>The Gemara Bava Metsia 70b states that it is permitted to charge non-Jews ribbit and there is only a rabbinic prohibition to do so. The reason the rabbis forbade it is that they didn’t want people to learn from the non-Jews by interacting with them too much. They only permitted it for a talmid chacham or someone who needs to make money to survive. This is codified by the Rambam and Rif. However, Tosfot 70b s.v. tashich writes that today we lend with interest to non-Jews for three reasons: 1) we follow the opinion that there’s no rabbinic prohibition to lend to non-Jews at all. 2) Due to the high taxes we have to charge non-Jews interest otherwise financially wouldn’t survive and it is considered necessary for our livelihood. 3) Really based on the reason of the prohibition it is prohibited to do any business with non-Jews and if we didn’t do that we wouldn’t survive. Meiri b”m 70b agrees with reason two. Tur YD 159:1 cites the last reason of Tosfot. Shulchan Aruch and Rama Y.D. 159:1 simply writes that nowadays it is permitted to lend non-Jews with interest.</ref><br />
#Nowadays in Israel it is forbidden to lend non-Jews money with interest since it is possible to do business with Jews exclusively. Yet it would be permitted in order to make a livelihood but not to make oneself wealthy.<ref>Netivot Shalom YD 159:1:16 writes that today in Israel since it is possible to do without lending non-Jews with interest it is unclear if it is permitted to do so nowadays. Additionally, Rav Moshe Halevi in Malveh Hashem 5:3 writes that Jews who live in Israel should be strict not to lend non-Jews with interest since it is possible to transact with Jews and be financially stable. He explains that none of the reasons of Tosfot apply today except that perhaps we don't hold that there's any prohibition which is rejected. Similarly, Rav Shlomo Mazuz in Kerem Shlomo 159:8 is strict. Rav Ovadia Yosef in Halichot Olam v. 8 p. 3 writes that we hold that as long as it is difficult to do business only to Jews it is permitted in accordance with Tosfot, however, we do not hold that once the gezerah stopped applying it is nullified completely.</ref> Some poskim are lenient even in Israel.<ref>Chut Shani 2:1 p. 39 writes that even nowadays it is permitted to lend a non-Jew with interest even though in Israel we can support ourselves without business to non-Jews. Since there is some business with non-Jews and non-religious Jews the leniencies are still relevant. Chelkat Binyamin 159:10 (written in America) is lenient in all cases.</ref> <br />
# Even outside Israel one should be strict if one can.<ref>Chachmat Adam 130:6 writes that any honest man who could avoid taking interest from non-Jews should do so.</ref> Some say that for an impersonal bank it is permitted since one hardly interacts with the non-Jews.<ref> Chelkat Binyamin 159:1 s.v. vhaidna writes that one doesn’t have to be strict for the Chachmat Adam if one is lending to a bank and one only has to interact with them minimally.</ref> <br />
#It is permitted to borrow with interest from non-Jews.<ref>Rambam Malveh Vloveh 5:2 explains that they never prohibited it lest one come to learn from their ways since it is normal for a borrower to avoid the lender and not learn from him. Meiri b”m 70b agrees. Chazon Ovadia Shabbat v. 1 p. 7 and Malveh Hashem 5:5 codify this as the halacha.</ref><br />
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==Non-Religious Jew==<br />
# It is permitted to lend to a non-religious Jew with interest if he was brought up religious and later became non-religious.<Ref>Shulchan Aruch 159:2</ref> Initially this should be avoided.<ref>Rama 159:2</ref><br />
# One may not lend a non-religious Jew who is raised as a non-religious Jew with interest.<reF>Shulchan Aruch and Rama 159:3 forbid lending with ribbit to someone who is a tinok shenishba. Gemara Shabbat 68b clarifies that a child who was captive among non-Jews (tinok shenishba) and didn't know about Shabbat is considered as though he sinned unintentionally. Brit Yehuda 30:12 agree. Rambam Mamrim 3:3 writes that the sons of the karaites who were brought up with the mistakes of their parents aren't considered minim but should be returned in teshuva. (Yet, see the manuscript editions which include another few words that alter the meaning of the Rambam.) Pirush Mishnayot Chullin 1:2 writes that someone who reject tenants of our faith are considered minim. However, someone who was born into a family and background with such thoughts aren't culpable and are similar to a tinok shenishba. Binyan Tzion Chadashot 23 posits that many of the non-religious Jews today are considered tinok shenishba since they're following the ways of their fathers. <br />
* Chazon Ish YD 1:6 writes that once we try to teach him about the Orthodox ways and he turns it down he is considered to be a mumar. The amount of effort necessary to spend in trying to teach him is subjective and is left up to the judgement of the rabbis of each generation. Additionally, once he is aware of the Orthodox Jews and practices even without trying to teach him he can be considered a mumar. However, that too depends on how aware he was of the Orthodox Jews and to what degree and with what intensity his parents taught his otherwise. This is the basis for the dispute whether Karaites are mumarim. </ref> This applies to conservative and reform Jews today.<ref>Igrot Moshe 4:91:6, Chelkat Binyamin 159:22</ref><br />
# Some say that it is permitted to lend the Karaites with interest.<ref>Shulchan Aruch 159:3. Bet Yosef 159:3 cites the Pirush Mishnayot Chullin 1:2 where the Rambam says that karaites are like tinok shenishba and it is forbidden to lend them with interest. Bet Yosef points out that the Nemukei Yosef 42b quotes the Ri who says that anyone who once recognized Orthodox Jews isn’t a tinok shenishba disagrees with this Rambam. Shulchan Aruch follows the Rambam. However, the Shach 159:6 cites the Maharshal, Maharnach 113, Rash quoted by Mabit 1:38, Rav Betzalel 3 who are strict. Nekudat Hakesef he writes that the halacha on this matter is unresolved. Chelkat Binyamin 159:21 concludes with the Graz who is strict.</ref><br />
<br />
==Arrangements of Loans Between Several Parties==<br />
===Lending A Non-Jew's Money to A Jew with Interest===<br />
# If a person borrowed money from a non-Jew with interest it is forbidden to then lend that money to another Jew with interest.<ref>Shulchan Aruch Y.D. 168:1</ref><br />
# If a person borrowed money from a non-Jew with interest and then before he returns it another Jew wants that loan and is willing to pay the interest to the non-Jewish lender, one may only give that loan to the second Jew under one of two methods. Both of these methods free the first Jew from any financial relationship with the second Jew:<br />
## The non-Jew tells the first Jew to leave the money in a certain location and he will be exempt<ref>Although Shulchan Aruch 168:3 hold that it is sufficient for the non-Jew to state that you can leave the money in a certain location for the second Jew and it is understood that he is exempt from the loan obligation, Shach 168:7, Taz 168:3, and Gra 168:6 all hold that it is necessary to state so explicitly.</ref> and then the second Jew takes it from there.<ref>Shulchan Aruch Y.D. 168:3</ref> <br />
## The first Jew returns the money to the non-Jew and he then gives it to the second Jew. No words need to be spoken since it is understood that when the non-Jew took the money from the first Jew he was exempting him from his loan.<ref>Shulchan Aruch Y.D. 168:2</ref><br />
## It isn't a solution for the non-Jew to simply tell the first Jew to hand the money over to the second Jew and he'll be exempt since that appears as though the two Jews lent money with interest.<ref>Shulchan Aruch Y.D. 168:1</ref><br />
===Lending with Interest with a Non-Jewish Agent===<br />
# A non-Jew who borrowed from a Jew and is ready to return the money, if he finds another Jew to borrow that money with interest can give it to him with interest. However, if the non-Jew brought the money to the lender Jew he can't lend it to another Jew since that considered a loan between the lender and the other Jew with interest. Obviously this is forbidden if the non-Jew actually gave the money back to the lender that the lender may not lend that money to a Jew with interest. Additionally it is forbidden if the non-Jew put the money on the ground for the other Jew to pick up and the lender stated that the non-Jew would be exempt once he placed the money on the ground. These are all considered Biblical interest.<ref>Gemara Bava Metsia 71b, Shulchan Aruch Y.D. 168:6</ref> However, if the non-Jew simply hands the money to the borrower Jew in the presence of the lender Jew, most rishonim hold that this is rabbinically forbidden since the non-Jew is an agent of the borrower. However, there is a minority opinion in the rishonim who allows this.<ref>Rashi Bava Metsia 71b s.v. v'im explains that the conclusion of the Gemara was that there is a concept of agency for two Jews to create a loan between them with interest. This is rabbinically forbidden. This is the opinion of the Rif, Ramban, Rashba, Ran, and Nemukei Yosef all cited by the Bet Yosef 168:6. The Rambam Malveh Vloveh 5:4 however holds it is Biblically forbidden. On the other hand, Rabbenu Tam held that the gemara backed out of that stringency and so it is permitted. Rosh responsa 108:11 ponders how someone could possibly rule like Rabbenu Tam when it seems that it is forbidden and Rabbenu Tam brought no proofs. Either way, there the Rosh rejects following Rabbenu Tam initially. He is aware of the practice of some people to follow Rabbenu Tam but he argues that it is incorrect and the lender could only accept the interest if he is unaware that the non-Jew is borrowing the money for the other Jew.</ref> The halacha is not to accept this minority opinion.<ref>Shulchan Aruch Y.D. 168:6 completely rejects Rabbenu Tam's opinion. Rama 168:5 and 7 cites Rabbenu Tam however he says that one should only follow that opinion where there is a minhag. Chelkat Binyamin 168:51 writes that we don't follow the Rabbenu Tam since it is a question of Biblical interest.</ref><br />
# It is forbidden for a Jew to arrange with a non-Jew to lend your money to him in order that he lend it to another Jew with interest.<ref>Rashba teshuva 3:243 writes that it is forbidden to lend your money to him in order that he lend it to another Jew with interest since that is a mere legal fiction and is considered taking interest. Also, there is a concept of shelichut for a non-Jew to be considered a shelichut for purposes of being strict. That is, the rabbis view this transaction as though the non-Jew is an agent of the Jews and it is a loan between two Jews. Shulchan Aruch Y.D. 168:5 rule like the Rashba. The Shach 168:10 points out that the Rama would agree as well. Malveh Hashem 1:5:12 agrees. However, the Netivot Shalom 168:5:5 argues at length that the Rama never accepted this approach of the Rashba who expanded the concept of legal fictions for ribbit. The entire concept of Rabbenu Tam who allowed having a non-Jewish agent to arrange the loan with interest or Rashi's opinion who allowed a Jewish agent to arrange the loan with interest, both of which are cited by the Rama indicate that he was not concerned with the expansions of the Rashba. This is further supported by the fact that the Rama 168:5 implies that the reason for Shulchan Aruch is completely other than the reason of making a legal fiction out of taking interest. Netivot Shalom brings sources that show that there's a fundamental dispute of how far reaching is prohibition of using legal loopholes in interest (haramat ribbit) between the Maharam and Rashba. Netivot Shalom 166:6:13 extends this discussion to that of using a heter iska and the Gra's opinion that it violates haramat ribbit.</ref> After the fact it is forbidden to take the interest since the non-Jewish agent is merely a ruse and it was really a loan with interest from a Jew.<ref>Netivot Shalom 168:5:6 explains that the haramat ribbit that the Rashba was discussing was because the real intention of the parties was to create a loan between the two Jews and so it is completely ribbit, which is forbidden even after the fact. However, the Malveh Hashem 1:5:12 writes that this haramat ribit of the Rashba is purely legal fiction that is valid, though it is forbidden to arrange. Therefore, if it was already collected certainly it doesn't need to be returned.</ref><br />
#If the lender didn't know about the fact that the borrower appointed the non-Jew to borrow for him from a Jew with interest he can keep the interest<ref>Shulchan Aruch Y.D. 168:7</ref> and some allow him to even collect the interest once it was arranged.<ref><br />
* Derisha 168:4 explains that it is absolutely forbidden for the lender to make the borrower pay the interest since it is forbidden for the borrower to pay it, however, it already happened then the lender can keep it. <br />
* Shach 168:17 argues that it is permitted for the lender to make the borrower pay the interest since it was done without his knowledge and in such a case it isn't really forbidden for the borrower with respect to the lender. Chelkat Binyamin 168:55 and 57 rules like the Shach and explains that once the lender wasn't aware of the appointment of the non-Jew by the borrower it isn't forbidden for the borrower to pay the interest. The only aspect that was forbidden is the arrangement of the loan. <br />
* Netivot Shalom 168:7:6 writes that the Teshuvat Ri doesn't imply like the Derisha at all. Netivot Shalom 168:7:6 reads the Bet Yosef in accordance with the Derisha. However, the Chelkat Binyamin (168 Tziyunim 136) argues that the Bet Yosef held like the Shach.</ref> Sephardim are more strict and only allow this completely after the fact that the interest was collected.<ref>Horah Brurah 168:31. There he mentions the idea that the Bet Yosef suggests which is if the lender doesn't know from witnesses that the borrower appointed the non-Jew to be his agent and the borrower himself since he didn't appoint the non-Jew then the lender could collect the interest. Horah Brurah concludes that one may only rely upon this after the fact.</ref><br />
# If a Jew told a non-Jew to borrow for him from another non-Jew with interest and he went and borrowed from a Jew with interest the borrower can even pay the interest.<ref>Mordechai b"m 337, Shulchan Aruch Y.D. 168:8. Shach 168:19 and Taz 168:9 argue that just like the lender can collect the interest the borrower can pay it. However, it appears from the Bet Yosef that only the lender can collect it but it is forbidden for the lender to collect it. Horah Brurah 168:34 follows the Shach and Taz that if the non-Jew didn't follow the orders of the borrower it is then permitted for both the lender and borrower to exchange the interest at the end.</ref><br />
===Non-Jew borrowing with Interest from a Jew through a Jewish Agent===<br />
# If a non-Jew asks a Jew to borrow for him from another Jew with interest the Jewish agent may do his job as long as he says clearly that he is borrowing with interest on behalf of a non-Jew or the transaction is happening in the presence of the non-Jew.<ref>Ran b"m 71b s.v. mahu, Nemukei Yosef 42a, Hagaot Ashri 5:42, Rosh responsa 108:5, Raavan 103, and Smak 260 all cited by Bet Yosef 168:13. Baal Hatrumot 46:4:10 citing Ramban b"m 71b s.v. vgoy explains that even though the Jewish agent can't halachically become the agent of the non-Jew since there's no agency for non-Jews, the Jewish agent can be the agent of the lender.</ref> <br />
# The agent can't take upon himself responsibility for the capital or the interest. If he takes upon himself responsibility for either one that is considered as though the agent is a borrower and there is interest when the lender takes interest from the borrower.<ref>Shulchan Aruch 168:13</ref><br />
# The agent can't take upon himself responsibility for the collateral getting lost or stolen, rather the lender needs to take such responsibility. If he takes upon the regular type of responsibility as a [[shomer]] would generally take that is permitted. However, he may not take responsibility for unexpected circumstances.<ref>Shulchan Aruch Y.D. 168:16 based on the Rosh in disagreement with the Ramah who allowed taking even responsibility for unexpected events. </ref> If they didn't specify this responsibility and it was left unclear, after the fact, we can assume that the Jewish lender and the agent would want to arrange it in the permitted fashion.<ref>Shach 168:36 citing Bach, Baal Hatrumot 46:4:10 citing Ramban</ref><br />
# If the non-Jew never comes to pay the loan with the interest the agent may not pay it.<ref>Shulchan Aruch Y.D. 168:14</ref><br />
## Additionally, the lender may not force the agent to buy the collateral for the price of the capital and interest.<ref>Rama 168:14, Shach 168:47, Taz 168:20, Bach 168:15, Chelkat Binyamin 168:148. According to the Taz this is even the opinion of Shulchan Aruch, but according to the Shach and Bach this is only the opinion of the Rama and Shulchan Aruch would disagree.</ref><br />
## However, if the agent wants to buy the collateral for the capital and interest he can do so.<ref>Rama 168:14, Shach 168:47, Taz 168:20, Bach 168:15</ref><br />
# If the non-Jew never comes to pay the loan the lender can sell the collateral and keep the value. The agent can't stop the lender from doing so out of fear of the non-Jew since the lender isn't really incumbent to the agent or the non-Jew.<ref>Shulchan Aruch Y.D. 168:15, Rosh responsa 108:6</ref> Some say that if the agent was originally appointed by the lender to do this loan with the non-Jew, then if the agent is afraid of the ramifications of the lender selling the collateral, then the lender must listen and if he doesn't then he must pay for damages to the agent.<ref>Levush 168:15, Shach 168:50, Chelkat Binyamin 168:156. The explanation of the Levush is that essentially since the agent isn't a borrower he can tell the lender to do or not do something and that poses no issue. The lender should be cautious of the damages that can occur to the agent, however, if the agent arranged with the non-Jew and not the lender, then the lender doesn't have to be concerned. It is the responsibility of the agent. If the agent was originated commissioned by the Jewish lender then it is a concern for the lender that he doesn't cause a damage to the agent. The Taz 168:20 and Bet Meir disagree with the Levush. They hold that the lender doesn't have to listen to the agent in any event. They explain that the source for this halacha is the Rosh and he held that the borrower shouldn't take any responsibility for the collateral and yet he writes that he doesn't need to listen to the agent. Shach in Nekudat Hakesef 168:14 answers that these are two separate statements of the Rosh. The Bet Meir doesn't understand the Shach since the Rosh either way would discuss a permissible case according to his opinion.</ref><br />
<br />
===Lending with Interest from a Non-Jewish with a Jewish Agent using a Security Deposit===<br />
[[Image:Taking Mashkon from Non-Jew.png|300px|right]]<br />
[[Image:Returning Mashkon to Non-Jew.png| 350px| right]]<br />
# Some permit borrowing from a non-Jew with a security deposit so that they can in turn borrow with interest from another Jew with that security deposit. This is permitted since the non-Jew takes responsibility for the original loan and it is treated as two loans and not one. Ashkenazim can rely on this opinion.<ref>Ri cited by Rosh b"m 5:55, Rosh responsa 108:11, Rama 168:8 seems to support this approach. Darkei Moshe 168:4 quotes the Mordechai and Hagahot Ashri who held that it is permitted even initially. Darkei Moshe 168:9 cites the Kol Bo 84 and Hagahot Maimoniyot Malveh 5:3 who says that the minhag was like the Ri</ref> Others hold that generally this is forbidden to arrange but if one explicitly tells the non-Jew that he has responsibility for the loan then it is permitted.<ref>Ramban b"m 71b s.v. vbar cited by Tur 168:9, Rashba 7:321, Nemukei Yosef 42a, Talmidei Harashba, and Baal Hatrumot 46:4:10 s.v. vkatav alav haramban cited by Bet Yosef 168:9</ref><br />
# Even according to the strict opinion, a lender to a non-Jew with interest who collected a deposit from him which came originally from a Jew can collect the interest as long as he isn't certain that it was arranged improperly.<ref>Ri, Rosh, Shulchan Aruch 168:9. Chelkat Binyamin 168:63 explains that essentially there's two schools of thought regarding a loan with a security deposit from one Jew to another Jew with a non-Jew in between. The Gra and Levush understand that this depends on whether one may set up a non-Jew agent between two Jews who are transacting with interest. The Shach, Taz 168:14, and Chavot Daat 168:12, on the other hand, think that the security deposit poses its own problem in that it functionally creates a lien of the Jewish lender upon the original borrower Jew. This could be solved if the non-Jew acquired the deposit from the non-Jew in an absolute fashion.</ref> Some say that he may not collect the interest if he knew that it was a Jewish security deposit such as if it is a Jewish article of clothing.<ref>Tur 189:9, Shulchan Aruch 168:9. Bet Yosef 168:9 s.v. yisrael shnatan notes that the Mordechai 338 held within the opinion of Rabbenu Tam that it doesn't matter whether the deposit was clearly Jewish or not.</ref><br />
# If the original Jew wants to get his security deposit back from the other Jew who lent to the non-Jew and the non-Jew isn't cooperating, the lender Jew doesn't need to work with the borrower Jew since they didn't have any transaction one to another.<ref>Rosh responsa 108:8, Rama 168:9</ref><br />
# If a Jew has a security deposit of a non-Jew in his hands and the non-Jew direct him to use it to borrow from another Jew with interest on his behalf, the first Jew may do so.<ref>Mordechai 337 writes that a Jew can use a non-Jew's security deposit to borrow from a Jew with interest if he is instructed so by the non-Jew. The Mordechai seems to apply this even to the case where the Jew didn't have the non-Jew's deposit but instead wanted to gift him a deposit of his own for its value. The Bet Yosef is troubled by this leniency since there's no mechanism by which the non-Jew is actually acquiring the deposit. Taz 168:14 gives a nuanced explanation that it was sold to the second Jew with a condition that the non-Jew could buy it back. Bach 168:13 and Nekudat Hakesef 168:11 explain that once a owner admits to the fact someone else owns his item it halachically belongs to that person (''kinyan odita'') and that is sufficient to remove the prohibition of ribbit. Either way, the Rama 169:11 concludes that we assume that it is impossible to gift a deposit to a non-Jew without him making a physical [[kinyan]] such as meshicha.</ref><br />
====Non-Jew Borrowed from Jew with Collateral and Jewish Agent====<br />
#A Jewish agent brought a collateral from a non-Jew to another Jew in order to borrow with interest. After the loan is due, the lender Jew can ask the agent to show him which non-Jew he lent to but can not ask the agent to pay for the asked the agent to redeem the non-Jew’s collateral and pay for the loan.<ref>Bet Yosef 168:27 cites the Rashba 3:47 who speaks of a case where a Jew brought a collateral from a non-Jew to another Jew in order to borrow with interest, then the lender Jew asked the agent to redeem the non-Jew’s collateral and pay for the loan. The Rashba rules that it is forbidden for the agent Jew to pay the loan and interest since he is merely an agent. He must though indicate to the lender Jew who is the non-Jew who borrowed the money. Shulchan Aruch YD 168:27 codifies the Rashba. Shach 168:83 explains that the agent has no responsibility to sell or buy the collateral from the lender.</ref><br />
<br />
====Non-Jew Selling Jewish Debt====<br />
#If a Jew owed a non-Jew capital and interest, that non-Jew can sell that debt to another Jew. If the non-Jew collects the interest it is permitted for the Jew to accept it, yet if he doesn't then the second Jew shouldn't collect the interest from the first Jew.<ref>Rashba responsa 1:764 cited by Darkei Moshe 168:6, Bedek Habayit 168:27, and Knesset Hagedola (Bet Yosef 168:44).</ref><br />
<br />
====Jew Selling Non-Jewish Debt====<br />
# If a Jew lent a non-Jew with interest upon a security deposit of the non-Jew. Then the non-Jew sold the security deposit to another Jew and he was told to pay the debt to the first Jew and collect the security deposit. This transaction is totally permitted since the loan was made between the Jew and non-Jew and then there was a sale of the non-Jewish debt to a Jew.<ref>Rosh responsa 108:25, Shulchan Aruch 168:12</ref><br />
#However, if the Jew who bought the debt then didn't pay off the debt immediately in order to redeem the deposit and only paid it after some time, thereby accruing a further interest charge upon the non-Jewish lender, the non-Jew may pay that interest charge to the Jewish lender even if the non-Jew in turn forces the Jewish buyer to pay him for that interest charge. But the Jewish buyer may not pay the interest to the Jewish lender because that would paying interest.<ref>Rosh responsa 108:25, Shulchan Aruch 168:12</ref><br />
====When the Deposit was Taken Forcibly====<br />
# If a non-Jew took a security deposit from a Jew forcibly and then used it to borrow with interest from another Jew, that second jew may collect interest from the non-Jew but may not collect interest from the first Jew.<ref>Smak 260, Kol Bo 84, Mordechai 338 citing Riva, Baal Hatrumot 46:4:10 all quoted by the Bet Yosef 168:10</ref> Some disagree and allow collecting the interest.<ref>Rosh cited by Tur 168:10</ref> <br />
# However, under the following two circumstances one may collect the interest according to everyone: <br />
##If the force and responsibility of the loan rests upon the non-Jew besides for the security deposit then it is permitted to collect the interest from the first Jew.<ref>Bet Yosef 168:10 based on the Baal Hatrumot</ref><br />
##Additionally, if the first Jew didn't know that his security deposit was going to be used to borrow from a Jew with interest it isn't any question of interest for him to pay the second Jew the interest to redeem his item.<ref>Maharik 16 cited by Bet Yosef 168:10</ref><br />
====When the Deposit was Given to the Non-Jew Properly====<br />
# If a Jew borrowed from a non-Jew with interest and gave him a security deposit. If the non-Jew takes that deposit and uses it to borrow from another Jew with interest some say that one may not take interest from that transaction, while others say that one can. Generally we are lenient except in the following two circumstances:<ref>Shulchan Aruch 168:10, 20</ref> <br />
##If the non-Jew forcibly took the deposit from the first Jew then we assume that the deposit wasn't really acquired by the non-Jew and so when it is used to borrow against another Jew it is like there's a deal between the two Jews.<ref>Bet Yosef 168:10 in his second answer, Shach 168:26, 67, Taz 168:11. Gra 168:23 disagrees.</ref><br />
##Additionally, if the non-Jew immediately took that deposit from the first Jew and used it to borrow from the second Jew then it appears that he did so only to create a loan between two Jews. However, if he held onto it for some time for himself then it isn't an issue.<ref>Bet Yosef 168:10 in his first answer, Shach 168:67</ref><br />
<br />
====Lending with Interest from a Non-Jewish with a Jewish Agent using a Jewish Security Deposit====<br />
#If a Jew lent from another Jew and got a collateral for that loan, and specified that if the Jew didn’t pay up on time he would either sell the collateral or borrow against it with interest. If he then borrowed against it with interest from a non-Jew, he isn’t responsible to pay the interest for the loan since that was the stipulation. Instead the Jewish borrower needs to pay the interest in order to redeem his collateral.<ref>Rashba responsa cited by Bet Yosef 168:26 explains that once they stipulated that the lender Jew can borrow with interest against the collateral we understand that to mean that the ledner Jew isn’t borrowing from the non-Jew for himself, rather he is doing so as an agent of the other Jew. Therefore, the borrower Jew can repay the interest to the non-Jew and it isn’t interest to the lender Jew since he is neither a lender or a guarantor of the loan, he is simply the agent. Shaar Mishpat 168:13 cites this Rashba but also cites the Maharit YD 46 based on the Maharam who argues that it is an asmachta and isn't binding. Therefore, the lender couldn't lend to the non-Jew with interest on that collateral. Shulchan Gavoha 168:50 cites this Rashba and fundamentally puts it in the same camp as the Rosh which is codfied by Shulchan Aruch 168:26. Kovetz Halichot Horah Ribbit v. 5 p. 316-7 explains that it is necessary for the Rashba and Ramban 71a that the lender Jew be the agent of the original borrower as well as the fact that the non-Jew is collecting from the collateral. The reason is that if it was simply that the non-Jew would collect from the collateral but the Jewish lender was never appointed as an agent then he is in essence borrowing for himself with interest and having another Jew repay his interest using his collateral.</ref><br />
#If a Jew lent from another Jew and got a collateral for that loan, he can then use that collateral to borrow with interest from a non-Jew. He should specify to the non-Jew that he is borrowing on behalf of another Jew and he has no responsibility. Alternatively, if the collateral is worth the entire value of the loan he can use it to borrow from the non-Jew with interest. Then the original borrower Jew can pay the non-Jew the interest and redeem his collateral. The Jewish lender was simply the agent of the first Jew to borrow with interest from a non-Jew.<ref>Tashbetz Katan 486 writes that if the Jewish lender specifies to the non-Jew that he is borrowing on behalf of another Jew it is permitted, otherwise it is like he is borrowing for himself and having the original borrower Jew pay the interest is forbidden. Yet, the Bet Yosef 168:26 points out that the Rosh implies that it is permitted for the original borrower to pay the interest even if the lender Jew didn’t make that stipulation. Shulchan Aruch 168:26 simply quotes the case without specifically mentioning that stipulation. Shach 168:82 explains that the Tashbetz Katan and Rosh agree. Either a stipulation is necessary or having a collateral that is worth the entire value of the loan and interest. Otherwise it is forbidden. Chelkat Binyamin 168:291 agrees. Mayin Ganim Abadi YD 9 shows at length that the Bet Yosef thought that there is a dispute between the Tashbetz Katan and Rosh. The Rosh thinks that even without specifying it is assumed that the non-Jew depends on the collateral and there’s no responsibility upon the Jew. However, the Tashbetz Katan thinks that only if the Jew specifies that is it so, otherwise we assume that the non-Jew will hold responsible the Jew who is borrowing from him as well as from the collateral, in which case it would be forbidden for the original borrower to pay the interest. Erech Lechem 168:17 implies this as well. He explains that the Ran cited in Shulchan Aruch 168:17 implies like the Tashbetz Katan, yet, Shulchan Aruch ultimately sided with the Rosh and Rashba unlike the Tashbetz Katan and Ran.</ref><br />
#If a Jew lent from another Jew and got a collateral for that loan, and specified that if the Jew didn’t pay up on time he would either sell the collateral or borrow against it with interest. If he then borrowed against it with interest from a non-Jew, he isn’t responsible to pay the interest for the loan since that was the stipulation. Instead the Jewish borrower needs to pay the interest in order to redeem his collateral.<ref>Rashba responsa cited by Bet Yosef 168:26 explains that once they stipulated that the lender Jew can borrow with interest against the collateral we understand that to mean that the ledner Jew isn’t borrowing from the non-Jew for himself, rather he is doing so as an agent of the other Jew. Therefore, the borrower Jew can repay the interest to the non-Jew and it isn’t interest to the lender Jew since he is neither a lender or a guarantor of the loan, he is simply the agent. Shaar Mishpat 168:13 cites this Rashba but also cites the Maharit YD 46 based on the Maharam who argues that it is an asmachta and isn't binding. Therefore, the lender couldn't lend to the non-Jew with interest on that collateral. Shulchan Gavoha 168:50 cites this Rashba and fundamentally puts it in the same camp as the Rosh which is codfied by Shulchan Aruch 168:26. Kovetz Halichot Horah Ribbit v. 5 p. 316-7 explains that it is necessary for the Rashba and Ramban 71a that the lender Jew be the agent of the original borrower as well as the fact that the non-Jew is collecting from the collateral. The reason is that if it was simply that the non-Jew would collect from the collateral but the Jewish lender was never appointed as an agent then he is in essence borrowing for himself with interest and having another Jew repay his interest using his collateral.</ref><br />
#If a Jew wants to borrow from a non-Jew with interest and he asks another Jew to be his agent, he can do so. If he gives him a collateral then it isn’t necessary for the agent to specify that he is borrowing on behalf of someone else since the non-Jew is ready to collect from the collateral.<ref>Rosh b”m 5:56, Tur and Shulchan Aruch 168:17. Bet Yosef 168:17 based on the Nemukei Yosef 44a clarifies that it is insufficient to say that the collateral serves as the place where the non-Jew can collect, rather he needs even to specify that he bares no responsibility. Shach 168:52 cites this opinion. Shulchan Aruch 170:1 follows that opinion.</ref> Some say that as long as the collateral is actually worth the value of the loan and interest, then it is automatic that the non-Jew is ready to collect from the collateral and his lein applies to that and not to the Jew.<Ref>Shach 168:51</ref><br />
#If a Jew wants to borrow from a non-Jew with interest and he asks another Jew to be his agent, he can do so. Yet, it is important that the agent specify with the non-Jew that he is indeed borrowing on behalf of another Jew and he bares no responsibility.<ref>Tur and Shulchan Aruch 168:17</ref><br />
#It is an issue if the Jewish agent has any responsibility for the loan even to serve as a guarantor that can be collected from first (Arev Kablan), rather the non-Jew needs to completely be able to collect from the collateral.<Ref>Bet Yosef 168:17 cites the Ran (Nemukei Yosef 42a) who holds that it is forbidden to be an Arev Kablan for another Jew.</ref><br />
#A Jewish agent brought a collateral from a non-Jew to another Jew in order to borrow with interest. After the loan is due, the lender Jew can ask the agent to show him which non-Jew he lent to but can not ask the agent to pay for the asked the agent to redeem the non-Jew’s collateral and pay for the loan.<ref>Bet Yosef 168:27 cites the Rashba 3:47 who speaks of a case where a Jew brought a collateral from a non-Jew to another Jew in order to borrow with interest, then the lender Jew asked the agent to redeem the non-Jew’s collateral and pay for the loan. The Rashba rules that it is forbidden for the agent Jew to pay the loan and interest since he is merely an agent. He must though indicate to the lender Jew who is the non-Jew who borrowed the money. Shulchan Aruch YD 168:27 codifies the Rashba. Shach 168:83 explains that the agent has no responsibility to sell or buy the collateral from the lender.</ref><br />
<br />
====Borrowing on Behalf of a Community====<br />
#If a few Jewish administrators of a community or communal institution want to borrow with interest from a non-Jew on behalf of the community and then they lent it to the community with interest that is forbidden since ultimately the non-Jew will old the Jewish administrators responsible.<ref>Rashba responsa 5:259 writes that he heard that in many communities they will have the administrators of a community borrow with interest from a non-Jew on behalf of the community and then he lends it out with interest to the rest of the congregation. Rashba writes vehemently that there is nothing to rely upon. Rama 168:17 ambiguously quotes this practice without endorsing it or dismissing it.</ref><br />
#If an administrator for a community borrows from a non-Jew in order to pay for a communal construction project, according to some, he may be paid back by the community including the interest.<ref>Pitchei Teshuva 168:4 cites Chatom Sofer YD 135 who writes that once an administrator of the community borrowed from a non-Jew with interest for building a communal building for guests. Then he charged the community to each pay their share of the cost. He cites the Ranach 58 who permitted a contractor who borrowed with interest from non-Jews to be repaid by the community since they are essentially paying for the building and not interest for a loan.</ref><br />
<br />
===Selling a Non-Jew's Debt to Another Jew===<br />
# If one Jew lent money to a non-Jew with interest he can then sell that loan to another Jew and he should stipulate that this is a complete sale of the loan and they will no longer have any claims upon each other. Thereby the buyer becomes the new lender to the non-Jew and can collect interest.<ref>Shulchan Aruch 168:18. When there is no security deposit, the Shach 168:62 explains that the mechanism isn't exactly a sale since one can't really sell the debt to another Jew. Rather one is forgiving the non-Jew from paying him back. Then the non-Jew can pay the second Jew as he is "considered" according to their intention to be the new lender. In Shach 168:63 he clarifies that he doesn't need to inform the non-Jew of that which he forgave. Netivot Shalom 168:18:9 explains that even though the non-Jew will be paying the second Jew in error he can collect it. Shach 168:63 is in disagreement with the Bach who thinks that it is necessary to alert the non-Jew.</ref> When there is a security deposit from the non-Jew that would have to be transferred to the second Jew with the same stipulation that it is a complete sale and they have no claims upon each other.<ref>Shulchan Aruch Y.D. 168:18</ref> According to Ashkenazim it isn't necessary to make such a clear stipulation since it is assumed that this is the stipulation.<ref>Rama 168:18 following the Mordechai and Rosh teshuva</ref><br />
# A Jew who lent to a non-Jew with interest can sell the non-Jew's loan from a certain date going forward. The first Jew would collect the interest until that date and the second from that date and on.<ref>Tur 168:18</ref><br />
# A Jew who lent a non-Jew for a certain percent he can sell that loan at a lower percent. For example, if the first Jew lent a non-Jew $100 for 10% a year and then resold that debt to another Jew for 5% a year.<ref>Levush, Shach, Chachmat Adam against Taz</ref><br />
# A Jew who lent a non-Jew money for interest can then resell it to a Jew but he may not sell a portion of that loan to a Jew.<Ref>Shach (Nekudat Hakesef on Taz 168:28) and Levush</ref><br />
# A Jew who lent a non-Jew money for interest can't stipulate the buyer resell it to him.<ref>Although the Rama 168:18 is lenient, both the Shach 168:57 and Taz 168:27 disagree.</ref><br />
# A Jew who lent a non-Jew money for interest can sell that debt to a Jew but can't stipulate that he'll sell that debt if the Jew also gives him an additional interest free loan.<ref>The Taz 168:24 in disagreeing with the Levush forbids this. Shach in Nekudat Hakesef and Chachmat Adam cited by Chelkat Binyamin 168:151 are lenient. Netivot Shalom 168:18:14:1 questions the Shach from Shulchan Aruch 166:3 and answers it. Chavot Daat 168:34 forbids because of Shulchan Aruch 160:23 and 172:4. Chelkat Binyamin thinks that even the Shach accepts part of the argument of the Chavot Daat and would forbid anytime that sale of the debt is at a lower price because of the fact that he is also receiving an interest free loan.</ref><br />
# The Jew can resell the non-Jew's debt for a lower interest rate than the non-Jew is giving him.<ref>Rama 168:18</ref><br />
# It is permitted for the buyer of the debt to leave the non-Jew's security deposit in the hands of the original Jewish lender. The responsibility of the security deposit is now upon the second Jew but if they stipulated that the first Jew would have responsibility then he does.<ref>Rama 168:18. Shach 168:58 notes that in such a case it is necessary to do a formal sale of the loan in order for him to leave the security deposit with the first Jew.</ref><br />
#It is forbidden to say that one wants to borrow from another Jew with interest on or in exchange for a non-Jew’s collateral which was given to the first Jew because of a interest loan.<Ref>Rosh responsa 108:28 writes that if a Jew who lent to a non-Jew with interest asks another Jew to lend him money with interest on the collateral he received from the non-Jew that is considered taking interest. What exactly is the issue with this formulation? The Shach contends that as long as one says that one wants to borrow from another Jew with interest on a non-Jewish collateral we can’t reinterepert his words and since he said he wanted to borrow with interest that is how we view his transaction. However, if he wouldn’t explain the transaction at all, we would explain him to mean that he intended to buy it since we’d prefer to say he did something permitted. Chelkat Binyamin 168:236 sides with the Shach. He explains that there’s a fundamental difference between a sale and a loan. A sale is where the first Jew is completely removed from any dealings with the non-Jew and if he collects anything from the non-Jew he must give it to the second Jew. A loan is where the first Jew must pay the second Jew whether or not the non-Jew will pay. The Bach 168:26 disagrees and explains that there is a minhag to be lenient even if one says that one intends to borrow because we reinterpret it to mean to buy. Taz seems to agree. The Bet Yosef and Taz imply that the reason for the Rosh isn’t because of his incriminating words but rather because of his motivation. If the Jewish lender would have borrowed on that collateral for the benefit of the non-Jew it wouldn’t be considered a Jewish loan. However, as long as the motivation is for the needs of the Jew we understand that transaction between the two Jews to be a loan and not a sale.</ref><br />
# If a Jew borrowed from a non-Jew with a collateral and then the non-Jew for his own purposes borrowed from another Jew with the same collateral it is permitted for the second Jew to collect interest from the non-Jew, even if the non-Jew will in turn force the first Jew to pay interest.<ref>Tur 168:20 quotes the Baal Haitur that if a Jew borrowed from a non-Jew with a collateral and now the non-Jew is borrowing from another Jew with the same collateral the second Jew may not accept the interest from the non-Jew since it is as though it is coming from the Jew. However, the Rosh Pesachim 2:10 and Rashba 3:229 disagree. Once the Jew borrows from the non-Jew it is completely permitted and if the non-Jew then borrows from another Jew that is disconnected. The Bet Yosef 168:20 cites the Ran b”m 71b s.v. veharamban and Baal Hatrumot 46:4:10 who side with the Baal Haitur. Yet, the Baal Hatrumot adds that if the non-Jew accepts responsibility for the loan he’s taking from the second Jew it is permitted. Shulchan Aruch 168:20 cites the Rosh and Rashba as the main opinion and the Baal Haitur as some say.</ref><br />
<br />
===Jewish Money Deposited with Non-Jew Used for Jewish Loan===<br />
#If a Jew deposits money with a non-Jew it is permitted for another Jew to borrow from that non-Jew with interest as long as the non-Jew took responsibility to the first Jew like a borrower.<ref>The Tosefta b”m 5:8 states that if a Jew deposited money with a non-Jew if the non-Jew took responsibility for it then he can lend it to another Jew with interest. Although the Baal Hatrumot 1:46:2:6 quotes someone who held we don’t follow the Tosefta, in 7:1 he writes that we do follow the Tosefta. Also, the Rosh b”m 5:56 and Tur and Shulchan Aruch Y.D. 168:21 codify it. Bet Yosef 168:21 isn’t certain what is the definition of the amount of responsibility that the non-Jew must accept in order to permit this. Does it mean that the non-Jew has responsibility like a watchman or does he need to take responsibility like a borrower who even if it is lost is obligated? He quotes the Baal Hatrumot assumed it was the latter. Shach 168:68 and Taz 168:31 agree.</ref><br />
===Non-Jewish Money Deposited with Non-Jew Used for Jewish Loan===<br />
#Money deposited by a non-Jew with a Jew, if the Jew accepts responsibility for them as a lona, he may not then lend them with interest. However, if he didn’t accept responsibility if he lent them to another Jew he didn’t take interest. Nonetheless, it is generally forbidden to do so since it is suspicious (marit ayin) and appears like taking interest from another Jew.<ref>The Tosefta b”m 5:8 states that if a non-Jew deposited money with a Jew he can lend it to another Jew with interest if the first Jew doesn’t have responsibility for the loan. The Bet Yosef 168:22 quotes the Baal Hatrumot 7:1 who explains that if the Jew has responsibility for the loan if it isn’t paid up that is a problem, however, if he merely accepts responsibility to pay while it is in his domain that is permissible since if something happens he can pay and there was no loan at all. Shach 168:69 and Taz 168:33 agree. Nonetheless, even in the first case, the Tur 168:23 writes that there is a problem because people will suspect that the first Jew is lending his own money to another Jew with interest.</ref><br />
# The issue of doing something that appears suspicious is avoided when it is well known that the Jew involved is an administrator for the non-Jew’s money and is merely lending the non-Jew’s money and not his own.<ref>Ran b”m 61b s.v. ani cited by Bet Yosef 168:23 writes that if a Jew is appointed a financial administrator over the non-Jew’s money he no longer has to be concerned with marit ayin since people won’t suspect him of lending his own money. Talmidei Harashba similarly holds that if it is the Jew’s profession to deal with the non-Jew’s money then there’s no suspicion. Baal Hatrumot 7:1 in fact only requires that the lender express to the borrower that it isn’t his own money. Rama 168:23 and Shach 168:71 accept the Ran and Talmidei Harashba, not the Baal Hatrumot.</ref><br />
===Non-Jew Hired by Jew to Lend His Money with Interest===<br />
#If a Jew hires a non-Jew to lend out his money with interest to Jews, it is only permitted if the non-Jew is merely an agent and accepts responsibility. Otherwise it is forbidden.<ref>The Tur 168:23 extends the cases of the Tosefta to include cases of where a Jew hires a non-Jew to lend his money out with interest. Again, it all depends on who takes the responsibility for the loan. Shulchan Aruch 168:23 codifies this.</ref><br />
===Jew Hired by Non-Jew to Lend His Money with Interest===<br />
#If a non-Jew hires a Jew to lend out his money with interest to Jews, it is forbidden if the Jewish employee accepts responsibility as a loan. Even if he doesn’t accept responsibility and technically it is a non-Jewish loan, nonetheless, there is a concern for suspicion (marit ayin) that it appears to be interest between two Jews.<Ref>Tur and Shulchan Aruch 168:23</ref><br />
<br />
==Interest Gifted to A Jew or Non-Jew==<br />
# It is forbidden to lend another Jew money in order that he give the interest to a non-Jew.<ref>Shulchan Aruch Y.D. 168:1</ref> <br />
# It is permitted for a Jew to borrow from a non-Jew even if afterwards the non-Jew gives the interest to a Jew.<ref>Shulchan Aruch Y.D. 168:4</ref><br />
<br />
==Disputes about the Arrangement==<br />
#If the borrower claims that his lender charged him interest and he should return it, if the lender responds that it was done in a permissible way he is believed without any oath. Some say that it is necessary to specify how it was done permissibly.<ref>Taz 168:36</ref> <br />
#This is true as long as the lender already collected the interest. However, if he has a collateral of the borrower or a legal document that entitles him to collect, he can collect after making an oath. If he responds that he didn’t take any interest or doesn’t know if he took any interest, he is believed only if he takes an oath to that effect. This is true as long as the lender already collected the interest, has a collateral of the borrower, or have a legal document that entitles him to collect. However, in absence of that and the lender hasn’t yet collected if the borrower claims that he doesn’t owe the money due to interest he is believed and doesn’t have to pay.<Ref>Shulchan Aruch and Rama Y.D. 168:25</ref><br />
#If the borrower claims that his lender charged him interest and he should return it, if the lender responds that it was done in a permissible way he is believed without any oath. Some say that it is necessary to specify how it was done permissibly.<ref>Taz 168:36</ref> This is true as long as the lender already collected the interest. However, if he has a collateral of the borrower or a legal document that entitles him to collect, he can collect after making an oath. If he responds that he didn’t take any interest or doesn’t know if he took any interest, he is believed only if he takes an oath to that effect. This is true as long as the lender already collected the interest, has a collateral of the borrower, or have a legal document that entitles him to collect. However, in absence of that and the lender hasn’t yet collected if the borrower claims that he doesn’t owe the money due to interest he is believed and doesn’t have to pay.<Ref>Shulchan Aruch and Rama Y.D. 168:25</ref><br />
<br />
==Resources==<br />
*[https://docs.google.com/presentation/d/1ap-s04x1RQAvlRiZsg8wiN5zxmRQlCS8Bl5H4oBcpvs/edit?usp=sharing Slides for YD Siman 168-9]<br />
==Sources==<br />
<references/><br />
[[Category:Ribbit]]</div>YitzchakSultanhttps://halachipedia.com/index.php?title=Interest_with_Non-Jews&diff=25518Interest with Non-Jews2020-04-07T20:57:51Z<p>YitzchakSultan: /* Lending with Interest from a Non-Jewish with a Jewish Agent using a Jewish Security Deposit */</p>
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<div><br />
=Who can you take interest from?=<br />
==Non-Jews==<br />
# It is permitted to lend to and borrow from non-Jews with interest.<ref>The Gemara Bava Metsia 70b states that it is permitted to charge non-Jews ribbit and there is only a rabbinic prohibition to do so. The reason the rabbis forbade it is that they didn’t want people to learn from the non-Jews by interacting with them too much. They only permitted it for a talmid chacham or someone who needs to make money to survive. This is codified by the Rambam and Rif. However, Tosfot 70b s.v. tashich writes that today we lend with interest to non-Jews for three reasons: 1) we follow the opinion that there’s no rabbinic prohibition to lend to non-Jews at all. 2) Due to the high taxes we have to charge non-Jews interest otherwise financially wouldn’t survive and it is considered necessary for our livelihood. 3) Really based on the reason of the prohibition it is prohibited to do any business with non-Jews and if we didn’t do that we wouldn’t survive. Meiri b”m 70b agrees with reason two. Tur YD 159:1 cites the last reason of Tosfot. Shulchan Aruch and Rama Y.D. 159:1 simply writes that nowadays it is permitted to lend non-Jews with interest.</ref><br />
#Nowadays in Israel it is forbidden to lend non-Jews money with interest since it is possible to do business with Jews exclusively. Yet it would be permitted in order to make a livelihood but not to make oneself wealthy.<ref>Netivot Shalom YD 159:1:16 writes that today in Israel since it is possible to do without lending non-Jews with interest it is unclear if it is permitted to do so nowadays. Additionally, Rav Moshe Halevi in Malveh Hashem 5:3 writes that Jews who live in Israel should be strict not to lend non-Jews with interest since it is possible to transact with Jews and be financially stable. He explains that none of the reasons of Tosfot apply today except that perhaps we don't hold that there's any prohibition which is rejected. Similarly, Rav Shlomo Mazuz in Kerem Shlomo 159:8 is strict. Rav Ovadia Yosef in Halichot Olam v. 8 p. 3 writes that we hold that as long as it is difficult to do business only to Jews it is permitted in accordance with Tosfot, however, we do not hold that once the gezerah stopped applying it is nullified completely.</ref> Some poskim are lenient even in Israel.<ref>Chut Shani 2:1 p. 39 writes that even nowadays it is permitted to lend a non-Jew with interest even though in Israel we can support ourselves without business to non-Jews. Since there is some business with non-Jews and non-religious Jews the leniencies are still relevant. Chelkat Binyamin 159:10 (written in America) is lenient in all cases.</ref> <br />
# Even outside Israel one should be strict if one can.<ref>Chachmat Adam 130:6 writes that any honest man who could avoid taking interest from non-Jews should do so.</ref> Some say that for an impersonal bank it is permitted since one hardly interacts with the non-Jews.<ref> Chelkat Binyamin 159:1 s.v. vhaidna writes that one doesn’t have to be strict for the Chachmat Adam if one is lending to a bank and one only has to interact with them minimally.</ref> <br />
#It is permitted to borrow with interest from non-Jews.<ref>Rambam Malveh Vloveh 5:2 explains that they never prohibited it lest one come to learn from their ways since it is normal for a borrower to avoid the lender and not learn from him. Meiri b”m 70b agrees. Chazon Ovadia Shabbat v. 1 p. 7 and Malveh Hashem 5:5 codify this as the halacha.</ref><br />
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==Non-Religious Jew==<br />
# It is permitted to lend to a non-religious Jew with interest if he was brought up religious and later became non-religious.<Ref>Shulchan Aruch 159:2</ref> Initially this should be avoided.<ref>Rama 159:2</ref><br />
# One may not lend a non-religious Jew who is raised as a non-religious Jew with interest.<reF>Shulchan Aruch and Rama 159:3 forbid lending with ribbit to someone who is a tinok shenishba. Gemara Shabbat 68b clarifies that a child who was captive among non-Jews (tinok shenishba) and didn't know about Shabbat is considered as though he sinned unintentionally. Brit Yehuda 30:12 agree. Rambam Mamrim 3:3 writes that the sons of the karaites who were brought up with the mistakes of their parents aren't considered minim but should be returned in teshuva. (Yet, see the manuscript editions which include another few words that alter the meaning of the Rambam.) Pirush Mishnayot Chullin 1:2 writes that someone who reject tenants of our faith are considered minim. However, someone who was born into a family and background with such thoughts aren't culpable and are similar to a tinok shenishba. Binyan Tzion Chadashot 23 posits that many of the non-religious Jews today are considered tinok shenishba since they're following the ways of their fathers. <br />
* Chazon Ish YD 1:6 writes that once we try to teach him about the Orthodox ways and he turns it down he is considered to be a mumar. The amount of effort necessary to spend in trying to teach him is subjective and is left up to the judgement of the rabbis of each generation. Additionally, once he is aware of the Orthodox Jews and practices even without trying to teach him he can be considered a mumar. However, that too depends on how aware he was of the Orthodox Jews and to what degree and with what intensity his parents taught his otherwise. This is the basis for the dispute whether Karaites are mumarim. </ref> This applies to conservative and reform Jews today.<ref>Igrot Moshe 4:91:6, Chelkat Binyamin 159:22</ref><br />
# Some say that it is permitted to lend the Karaites with interest.<ref>Shulchan Aruch 159:3. Bet Yosef 159:3 cites the Pirush Mishnayot Chullin 1:2 where the Rambam says that karaites are like tinok shenishba and it is forbidden to lend them with interest. Bet Yosef points out that the Nemukei Yosef 42b quotes the Ri who says that anyone who once recognized Orthodox Jews isn’t a tinok shenishba disagrees with this Rambam. Shulchan Aruch follows the Rambam. However, the Shach 159:6 cites the Maharshal, Maharnach 113, Rash quoted by Mabit 1:38, Rav Betzalel 3 who are strict. Nekudat Hakesef he writes that the halacha on this matter is unresolved. Chelkat Binyamin 159:21 concludes with the Graz who is strict.</ref><br />
<br />
==Arrangements of Loans Between Several Parties==<br />
===Lending A Non-Jew's Money to A Jew with Interest===<br />
# If a person borrowed money from a non-Jew with interest it is forbidden to then lend that money to another Jew with interest.<ref>Shulchan Aruch Y.D. 168:1</ref><br />
# If a person borrowed money from a non-Jew with interest and then before he returns it another Jew wants that loan and is willing to pay the interest to the non-Jewish lender, one may only give that loan to the second Jew under one of two methods. Both of these methods free the first Jew from any financial relationship with the second Jew:<br />
## The non-Jew tells the first Jew to leave the money in a certain location and he will be exempt<ref>Although Shulchan Aruch 168:3 hold that it is sufficient for the non-Jew to state that you can leave the money in a certain location for the second Jew and it is understood that he is exempt from the loan obligation, Shach 168:7, Taz 168:3, and Gra 168:6 all hold that it is necessary to state so explicitly.</ref> and then the second Jew takes it from there.<ref>Shulchan Aruch Y.D. 168:3</ref> <br />
## The first Jew returns the money to the non-Jew and he then gives it to the second Jew. No words need to be spoken since it is understood that when the non-Jew took the money from the first Jew he was exempting him from his loan.<ref>Shulchan Aruch Y.D. 168:2</ref><br />
## It isn't a solution for the non-Jew to simply tell the first Jew to hand the money over to the second Jew and he'll be exempt since that appears as though the two Jews lent money with interest.<ref>Shulchan Aruch Y.D. 168:1</ref><br />
===Lending with Interest with a Non-Jewish Agent===<br />
# A non-Jew who borrowed from a Jew and is ready to return the money, if he finds another Jew to borrow that money with interest can give it to him with interest. However, if the non-Jew brought the money to the lender Jew he can't lend it to another Jew since that considered a loan between the lender and the other Jew with interest. Obviously this is forbidden if the non-Jew actually gave the money back to the lender that the lender may not lend that money to a Jew with interest. Additionally it is forbidden if the non-Jew put the money on the ground for the other Jew to pick up and the lender stated that the non-Jew would be exempt once he placed the money on the ground. These are all considered Biblical interest.<ref>Gemara Bava Metsia 71b, Shulchan Aruch Y.D. 168:6</ref> However, if the non-Jew simply hands the money to the borrower Jew in the presence of the lender Jew, most rishonim hold that this is rabbinically forbidden since the non-Jew is an agent of the borrower. However, there is a minority opinion in the rishonim who allows this.<ref>Rashi Bava Metsia 71b s.v. v'im explains that the conclusion of the Gemara was that there is a concept of agency for two Jews to create a loan between them with interest. This is rabbinically forbidden. This is the opinion of the Rif, Ramban, Rashba, Ran, and Nemukei Yosef all cited by the Bet Yosef 168:6. The Rambam Malveh Vloveh 5:4 however holds it is Biblically forbidden. On the other hand, Rabbenu Tam held that the gemara backed out of that stringency and so it is permitted. Rosh responsa 108:11 ponders how someone could possibly rule like Rabbenu Tam when it seems that it is forbidden and Rabbenu Tam brought no proofs. Either way, there the Rosh rejects following Rabbenu Tam initially. He is aware of the practice of some people to follow Rabbenu Tam but he argues that it is incorrect and the lender could only accept the interest if he is unaware that the non-Jew is borrowing the money for the other Jew.</ref> The halacha is not to accept this minority opinion.<ref>Shulchan Aruch Y.D. 168:6 completely rejects Rabbenu Tam's opinion. Rama 168:5 and 7 cites Rabbenu Tam however he says that one should only follow that opinion where there is a minhag. Chelkat Binyamin 168:51 writes that we don't follow the Rabbenu Tam since it is a question of Biblical interest.</ref><br />
# It is forbidden for a Jew to arrange with a non-Jew to lend your money to him in order that he lend it to another Jew with interest.<ref>Rashba teshuva 3:243 writes that it is forbidden to lend your money to him in order that he lend it to another Jew with interest since that is a mere legal fiction and is considered taking interest. Also, there is a concept of shelichut for a non-Jew to be considered a shelichut for purposes of being strict. That is, the rabbis view this transaction as though the non-Jew is an agent of the Jews and it is a loan between two Jews. Shulchan Aruch Y.D. 168:5 rule like the Rashba. The Shach 168:10 points out that the Rama would agree as well. Malveh Hashem 1:5:12 agrees. However, the Netivot Shalom 168:5:5 argues at length that the Rama never accepted this approach of the Rashba who expanded the concept of legal fictions for ribbit. The entire concept of Rabbenu Tam who allowed having a non-Jewish agent to arrange the loan with interest or Rashi's opinion who allowed a Jewish agent to arrange the loan with interest, both of which are cited by the Rama indicate that he was not concerned with the expansions of the Rashba. This is further supported by the fact that the Rama 168:5 implies that the reason for Shulchan Aruch is completely other than the reason of making a legal fiction out of taking interest. Netivot Shalom brings sources that show that there's a fundamental dispute of how far reaching is prohibition of using legal loopholes in interest (haramat ribbit) between the Maharam and Rashba. Netivot Shalom 166:6:13 extends this discussion to that of using a heter iska and the Gra's opinion that it violates haramat ribbit.</ref> After the fact it is forbidden to take the interest since the non-Jewish agent is merely a ruse and it was really a loan with interest from a Jew.<ref>Netivot Shalom 168:5:6 explains that the haramat ribbit that the Rashba was discussing was because the real intention of the parties was to create a loan between the two Jews and so it is completely ribbit, which is forbidden even after the fact. However, the Malveh Hashem 1:5:12 writes that this haramat ribit of the Rashba is purely legal fiction that is valid, though it is forbidden to arrange. Therefore, if it was already collected certainly it doesn't need to be returned.</ref><br />
#If the lender didn't know about the fact that the borrower appointed the non-Jew to borrow for him from a Jew with interest he can keep the interest<ref>Shulchan Aruch Y.D. 168:7</ref> and some allow him to even collect the interest once it was arranged.<ref><br />
* Derisha 168:4 explains that it is absolutely forbidden for the lender to make the borrower pay the interest since it is forbidden for the borrower to pay it, however, it already happened then the lender can keep it. <br />
* Shach 168:17 argues that it is permitted for the lender to make the borrower pay the interest since it was done without his knowledge and in such a case it isn't really forbidden for the borrower with respect to the lender. Chelkat Binyamin 168:55 and 57 rules like the Shach and explains that once the lender wasn't aware of the appointment of the non-Jew by the borrower it isn't forbidden for the borrower to pay the interest. The only aspect that was forbidden is the arrangement of the loan. <br />
* Netivot Shalom 168:7:6 writes that the Teshuvat Ri doesn't imply like the Derisha at all. Netivot Shalom 168:7:6 reads the Bet Yosef in accordance with the Derisha. However, the Chelkat Binyamin (168 Tziyunim 136) argues that the Bet Yosef held like the Shach.</ref> Sephardim are more strict and only allow this completely after the fact that the interest was collected.<ref>Horah Brurah 168:31. There he mentions the idea that the Bet Yosef suggests which is if the lender doesn't know from witnesses that the borrower appointed the non-Jew to be his agent and the borrower himself since he didn't appoint the non-Jew then the lender could collect the interest. Horah Brurah concludes that one may only rely upon this after the fact.</ref><br />
# If a Jew told a non-Jew to borrow for him from another non-Jew with interest and he went and borrowed from a Jew with interest the borrower can even pay the interest.<ref>Mordechai b"m 337, Shulchan Aruch Y.D. 168:8. Shach 168:19 and Taz 168:9 argue that just like the lender can collect the interest the borrower can pay it. However, it appears from the Bet Yosef that only the lender can collect it but it is forbidden for the lender to collect it. Horah Brurah 168:34 follows the Shach and Taz that if the non-Jew didn't follow the orders of the borrower it is then permitted for both the lender and borrower to exchange the interest at the end.</ref><br />
===Non-Jew borrowing with Interest from a Jew through a Jewish Agent===<br />
# If a non-Jew asks a Jew to borrow for him from another Jew with interest the Jewish agent may do his job as long as he says clearly that he is borrowing with interest on behalf of a non-Jew or the transaction is happening in the presence of the non-Jew.<ref>Ran b"m 71b s.v. mahu, Nemukei Yosef 42a, Hagaot Ashri 5:42, Rosh responsa 108:5, Raavan 103, and Smak 260 all cited by Bet Yosef 168:13. Baal Hatrumot 46:4:10 citing Ramban b"m 71b s.v. vgoy explains that even though the Jewish agent can't halachically become the agent of the non-Jew since there's no agency for non-Jews, the Jewish agent can be the agent of the lender.</ref> <br />
# The agent can't take upon himself responsibility for the capital or the interest. If he takes upon himself responsibility for either one that is considered as though the agent is a borrower and there is interest when the lender takes interest from the borrower.<ref>Shulchan Aruch 168:13</ref><br />
# The agent can't take upon himself responsibility for the collateral getting lost or stolen, rather the lender needs to take such responsibility. If he takes upon the regular type of responsibility as a [[shomer]] would generally take that is permitted. However, he may not take responsibility for unexpected circumstances.<ref>Shulchan Aruch Y.D. 168:16 based on the Rosh in disagreement with the Ramah who allowed taking even responsibility for unexpected events. </ref> If they didn't specify this responsibility and it was left unclear, after the fact, we can assume that the Jewish lender and the agent would want to arrange it in the permitted fashion.<ref>Shach 168:36 citing Bach, Baal Hatrumot 46:4:10 citing Ramban</ref><br />
# If the non-Jew never comes to pay the loan with the interest the agent may not pay it.<ref>Shulchan Aruch Y.D. 168:14</ref><br />
## Additionally, the lender may not force the agent to buy the collateral for the price of the capital and interest.<ref>Rama 168:14, Shach 168:47, Taz 168:20, Bach 168:15, Chelkat Binyamin 168:148. According to the Taz this is even the opinion of Shulchan Aruch, but according to the Shach and Bach this is only the opinion of the Rama and Shulchan Aruch would disagree.</ref><br />
## However, if the agent wants to buy the collateral for the capital and interest he can do so.<ref>Rama 168:14, Shach 168:47, Taz 168:20, Bach 168:15</ref><br />
# If the non-Jew never comes to pay the loan the lender can sell the collateral and keep the value. The agent can't stop the lender from doing so out of fear of the non-Jew since the lender isn't really incumbent to the agent or the non-Jew.<ref>Shulchan Aruch Y.D. 168:15, Rosh responsa 108:6</ref> Some say that if the agent was originally appointed by the lender to do this loan with the non-Jew, then if the agent is afraid of the ramifications of the lender selling the collateral, then the lender must listen and if he doesn't then he must pay for damages to the agent.<ref>Levush 168:15, Shach 168:50, Chelkat Binyamin 168:156. The explanation of the Levush is that essentially since the agent isn't a borrower he can tell the lender to do or not do something and that poses no issue. The lender should be cautious of the damages that can occur to the agent, however, if the agent arranged with the non-Jew and not the lender, then the lender doesn't have to be concerned. It is the responsibility of the agent. If the agent was originated commissioned by the Jewish lender then it is a concern for the lender that he doesn't cause a damage to the agent. The Taz 168:20 and Bet Meir disagree with the Levush. They hold that the lender doesn't have to listen to the agent in any event. They explain that the source for this halacha is the Rosh and he held that the borrower shouldn't take any responsibility for the collateral and yet he writes that he doesn't need to listen to the agent. Shach in Nekudat Hakesef 168:14 answers that these are two separate statements of the Rosh. The Bet Meir doesn't understand the Shach since the Rosh either way would discuss a permissible case according to his opinion.</ref><br />
<br />
===Lending with Interest from a Non-Jewish with a Jewish Agent using a Security Deposit===<br />
[[Image:Taking Mashkon from Non-Jew.png|300px|right]]<br />
[[Image:Returning Mashkon to Non-Jew.png| 350px| right]]<br />
# Some permit borrowing from a non-Jew with a security deposit so that they can in turn borrow with interest from another Jew with that security deposit. This is permitted since the non-Jew takes responsibility for the original loan and it is treated as two loans and not one. Ashkenazim can rely on this opinion.<ref>Ri cited by Rosh b"m 5:55, Rosh responsa 108:11, Rama 168:8 seems to support this approach. Darkei Moshe 168:4 quotes the Mordechai and Hagahot Ashri who held that it is permitted even initially. Darkei Moshe 168:9 cites the Kol Bo 84 and Hagahot Maimoniyot Malveh 5:3 who says that the minhag was like the Ri</ref> Others hold that generally this is forbidden to arrange but if one explicitly tells the non-Jew that he has responsibility for the loan then it is permitted.<ref>Ramban b"m 71b s.v. vbar cited by Tur 168:9, Rashba 7:321, Nemukei Yosef 42a, Talmidei Harashba, and Baal Hatrumot 46:4:10 s.v. vkatav alav haramban cited by Bet Yosef 168:9</ref><br />
# Even according to the strict opinion, a lender to a non-Jew with interest who collected a deposit from him which came originally from a Jew can collect the interest as long as he isn't certain that it was arranged improperly.<ref>Ri, Rosh, Shulchan Aruch 168:9. Chelkat Binyamin 168:63 explains that essentially there's two schools of thought regarding a loan with a security deposit from one Jew to another Jew with a non-Jew in between. The Gra and Levush understand that this depends on whether one may set up a non-Jew agent between two Jews who are transacting with interest. The Shach, Taz 168:14, and Chavot Daat 168:12, on the other hand, think that the security deposit poses its own problem in that it functionally creates a lien of the Jewish lender upon the original borrower Jew. This could be solved if the non-Jew acquired the deposit from the non-Jew in an absolute fashion.</ref> Some say that he may not collect the interest if he knew that it was a Jewish security deposit such as if it is a Jewish article of clothing.<ref>Tur 189:9, Shulchan Aruch 168:9. Bet Yosef 168:9 s.v. yisrael shnatan notes that the Mordechai 338 held within the opinion of Rabbenu Tam that it doesn't matter whether the deposit was clearly Jewish or not.</ref><br />
# If the original Jew wants to get his security deposit back from the other Jew who lent to the non-Jew and the non-Jew isn't cooperating, the lender Jew doesn't need to work with the borrower Jew since they didn't have any transaction one to another.<ref>Rosh responsa 108:8, Rama 168:9</ref><br />
# If a Jew has a security deposit of a non-Jew in his hands and the non-Jew direct him to use it to borrow from another Jew with interest on his behalf, the first Jew may do so.<ref>Mordechai 337 writes that a Jew can use a non-Jew's security deposit to borrow from a Jew with interest if he is instructed so by the non-Jew. The Mordechai seems to apply this even to the case where the Jew didn't have the non-Jew's deposit but instead wanted to gift him a deposit of his own for its value. The Bet Yosef is troubled by this leniency since there's no mechanism by which the non-Jew is actually acquiring the deposit. Taz 168:14 gives a nuanced explanation that it was sold to the second Jew with a condition that the non-Jew could buy it back. Bach 168:13 and Nekudat Hakesef 168:11 explain that once a owner admits to the fact someone else owns his item it halachically belongs to that person (''kinyan odita'') and that is sufficient to remove the prohibition of ribbit. Either way, the Rama 169:11 concludes that we assume that it is impossible to gift a deposit to a non-Jew without him making a physical [[kinyan]] such as meshicha.</ref><br />
====Non-Jew Borrowed from Jew with Collateral and Jewish Agent====<br />
#A Jewish agent brought a collateral from a non-Jew to another Jew in order to borrow with interest. After the loan is due, the lender Jew can ask the agent to show him which non-Jew he lent to but can not ask the agent to pay for the asked the agent to redeem the non-Jew’s collateral and pay for the loan.<ref>Bet Yosef 168:27 cites the Rashba 3:47 who speaks of a case where a Jew brought a collateral from a non-Jew to another Jew in order to borrow with interest, then the lender Jew asked the agent to redeem the non-Jew’s collateral and pay for the loan. The Rashba rules that it is forbidden for the agent Jew to pay the loan and interest since he is merely an agent. He must though indicate to the lender Jew who is the non-Jew who borrowed the money. Shulchan Aruch YD 168:27 codifies the Rashba. Shach 168:83 explains that the agent has no responsibility to sell or buy the collateral from the lender.</ref><br />
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====Non-Jew Selling Jewish Debt====<br />
#If a Jew owed a non-Jew capital and interest, that non-Jew can sell that debt to another Jew. If the non-Jew collects the interest it is permitted for the Jew to accept it, yet if he doesn't then the second Jew shouldn't collect the interest from the first Jew.<ref>Rashba responsa 1:764 cited by Darkei Moshe 168:6, Bedek Habayit 168:27, and Knesset Hagedola (Bet Yosef 168:44).</ref><br />
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====Jew Selling Non-Jewish Debt====<br />
# If a Jew lent a non-Jew with interest upon a security deposit of the non-Jew. Then the non-Jew sold the security deposit to another Jew and he was told to pay the debt to the first Jew and collect the security deposit. This transaction is totally permitted since the loan was made between the Jew and non-Jew and then there was a sale of the non-Jewish debt to a Jew.<ref>Rosh responsa 108:25, Shulchan Aruch 168:12</ref><br />
#However, if the Jew who bought the debt then didn't pay off the debt immediately in order to redeem the deposit and only paid it after some time, thereby accruing a further interest charge upon the non-Jewish lender, the non-Jew may pay that interest charge to the Jewish lender even if the non-Jew in turn forces the Jewish buyer to pay him for that interest charge. But the Jewish buyer may not pay the interest to the Jewish lender because that would paying interest.<ref>Rosh responsa 108:25, Shulchan Aruch 168:12</ref><br />
====When the Deposit was Taken Forcibly====<br />
# If a non-Jew took a security deposit from a Jew forcibly and then used it to borrow with interest from another Jew, that second jew may collect interest from the non-Jew but may not collect interest from the first Jew.<ref>Smak 260, Kol Bo 84, Mordechai 338 citing Riva, Baal Hatrumot 46:4:10 all quoted by the Bet Yosef 168:10</ref> Some disagree and allow collecting the interest.<ref>Rosh cited by Tur 168:10</ref> <br />
# However, under the following two circumstances one may collect the interest according to everyone: <br />
##If the force and responsibility of the loan rests upon the non-Jew besides for the security deposit then it is permitted to collect the interest from the first Jew.<ref>Bet Yosef 168:10 based on the Baal Hatrumot</ref><br />
##Additionally, if the first Jew didn't know that his security deposit was going to be used to borrow from a Jew with interest it isn't any question of interest for him to pay the second Jew the interest to redeem his item.<ref>Maharik 16 cited by Bet Yosef 168:10</ref><br />
====When the Deposit was Given to the Non-Jew Properly====<br />
# If a Jew borrowed from a non-Jew with interest and gave him a security deposit. If the non-Jew takes that deposit and uses it to borrow from another Jew with interest some say that one may not take interest from that transaction, while others say that one can. Generally we are lenient except in the following two circumstances:<ref>Shulchan Aruch 168:10, 20</ref> <br />
##If the non-Jew forcibly took the deposit from the first Jew then we assume that the deposit wasn't really acquired by the non-Jew and so when it is used to borrow against another Jew it is like there's a deal between the two Jews.<ref>Bet Yosef 168:10 in his second answer, Shach 168:26, 67, Taz 168:11. Gra 168:23 disagrees.</ref><br />
##Additionally, if the non-Jew immediately took that deposit from the first Jew and used it to borrow from the second Jew then it appears that he did so only to create a loan between two Jews. However, if he held onto it for some time for himself then it isn't an issue.<ref>Bet Yosef 168:10 in his first answer, Shach 168:67</ref><br />
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====Lending with Interest from a Non-Jewish with a Jewish Agent using a Jewish Security Deposit====<br />
#If a Jew lent from another Jew and got a collateral for that loan, and specified that if the Jew didn’t pay up on time he would either sell the collateral or borrow against it with interest. If he then borrowed against it with interest from a non-Jew, he isn’t responsible to pay the interest for the loan since that was the stipulation. Instead the Jewish borrower needs to pay the interest in order to redeem his collateral.<ref>Rashba responsa cited by Bet Yosef 168:26 explains that once they stipulated that the lender Jew can borrow with interest against the collateral we understand that to mean that the ledner Jew isn’t borrowing from the non-Jew for himself, rather he is doing so as an agent of the other Jew. Therefore, the borrower Jew can repay the interest to the non-Jew and it isn’t interest to the lender Jew since he is neither a lender or a guarantor of the loan, he is simply the agent. Shaar Mishpat 168:13 cites this Rashba but also cites the Maharit YD 46 based on the Maharam who argues that it is an asmachta and isn't binding. Therefore, the lender couldn't lend to the non-Jew with interest on that collateral. Shulchan Gavoha 168:50 cites this Rashba and fundamentally puts it in the same camp as the Rosh which is codfied by Shulchan Aruch 168:26. Kovetz Halichot Horah Ribbit v. 5 p. 316-7 explains that it is necessary for the Rashba and Ramban 71a that the lender Jew be the agent of the original borrower as well as the fact that the non-Jew is collecting from the collateral. The reason is that if it was simply that the non-Jew would collect from the collateral but the Jewish lender was never appointed as an agent then he is in essence borrowing for himself with interest and having another Jew repay his interest using his collateral.</ref><br />
#If a Jew lent from another Jew and got a collateral for that loan, he can then use that collateral to borrow with interest from a non-Jew. He should specify to the non-Jew that he is borrowing on behalf of another Jew and he has no responsibility. Alternatively, if the collateral is worth the entire value of the loan he can use it to borrow from the non-Jew with interest. Then the original borrower Jew can pay the non-Jew the interest and redeem his collateral. The Jewish lender was simply the agent of the first Jew to borrow with interest from a non-Jew.<ref>Tashbetz Katan 486 writes that if the Jewish lender specifies to the non-Jew that he is borrowing on behalf of another Jew it is permitted, otherwise it is like he is borrowing for himself and having the original borrower Jew pay the interest is forbidden. Yet, the Bet Yosef 168:26 points out that the Rosh implies that it is permitted for the original borrower to pay the interest even if the lender Jew didn’t make that stipulation. Shulchan Aruch 168:26 simply quotes the case without specifically mentioning that stipulation. Shach 168:82 explains that the Tashbetz Katan and Rosh agree. Either a stipulation is necessary or having a collateral that is worth the entire value of the loan and interest. Otherwise it is forbidden. Chelkat Binyamin 168:291 agrees. Mayin Ganim Abadi YD 9 shows at length that the Bet Yosef thought that there is a dispute between the Tashbetz Katan and Rosh. The Rosh thinks that even without specifying it is assumed that the non-Jew depends on the collateral and there’s no responsibility upon the Jew. However, the Tashbetz Katan thinks that only if the Jew specifies that is it so, otherwise we assume that the non-Jew will hold responsible the Jew who is borrowing from him as well as from the collateral, in which case it would be forbidden for the original borrower to pay the interest. Erech Lechem 168:17 implies this as well. He explains that the Ran cited in Shulchan Aruch 168:17 implies like the Tashbetz Katan, yet, Shulchan Aruch ultimately sided with the Rosh and Rashba unlike the Tashbetz Katan and Ran.</ref><br />
#If a Jew lent from another Jew and got a collateral for that loan, and specified that if the Jew didn’t pay up on time he would either sell the collateral or borrow against it with interest. If he then borrowed against it with interest from a non-Jew, he isn’t responsible to pay the interest for the loan since that was the stipulation. Instead the Jewish borrower needs to pay the interest in order to redeem his collateral.<ref>Rashba responsa cited by Bet Yosef 168:26 explains that once they stipulated that the lender Jew can borrow with interest against the collateral we understand that to mean that the ledner Jew isn’t borrowing from the non-Jew for himself, rather he is doing so as an agent of the other Jew. Therefore, the borrower Jew can repay the interest to the non-Jew and it isn’t interest to the lender Jew since he is neither a lender or a guarantor of the loan, he is simply the agent. Shaar Mishpat 168:13 cites this Rashba but also cites the Maharit YD 46 based on the Maharam who argues that it is an asmachta and isn't binding. Therefore, the lender couldn't lend to the non-Jew with interest on that collateral. Shulchan Gavoha 168:50 cites this Rashba and fundamentally puts it in the same camp as the Rosh which is codfied by Shulchan Aruch 168:26. Kovetz Halichot Horah Ribbit v. 5 p. 316-7 explains that it is necessary for the Rashba and Ramban 71a that the lender Jew be the agent of the original borrower as well as the fact that the non-Jew is collecting from the collateral. The reason is that if it was simply that the non-Jew would collect from the collateral but the Jewish lender was never appointed as an agent then he is in essence borrowing for himself with interest and having another Jew repay his interest using his collateral.</ref><br />
#If a Jew wants to borrow from a non-Jew with interest and he asks another Jew to be his agent, he can do so. If he gives him a collateral then it isn’t necessary for the agent to specify that he is borrowing on behalf of someone else since the non-Jew is ready to collect from the collateral.<ref>Rosh b”m 5:56, Tur and Shulchan Aruch 168:17. Bet Yosef 168:17 based on the Nemukei Yosef 44a clarifies that it is insufficient to say that the collateral serves as the place where the non-Jew can collect, rather he needs even to specify that he bares no responsibility. Shach 168:52 cites this opinion. Shulchan Aruch 170:1 follows that opinion.</ref> Some say that as long as the collateral is actually worth the value of the loan and interest, then it is automatic that the non-Jew is ready to collect from the collateral and his lein applies to that and not to the Jew.<Ref>Shach 168:51</ref><br />
#If a Jew wants to borrow from a non-Jew with interest and he asks another Jew to be his agent, he can do so. Yet, it is important that the agent specify with the non-Jew that he is indeed borrowing on behalf of another Jew and he bares no responsibility.<ref>Tur and Shulchan Aruch 168:17</ref><br />
#It is an issue if the Jewish agent has any responsibility for the loan even to serve as a guarantor that can be collected from first (Arev Kablan), rather the non-Jew needs to completely be able to collect from the collateral.<Ref>Bet Yosef 168:17 cites the Ran (Nemukei Yosef 42a) who holds that it is forbidden to be an Arev Kablan for another Jew.</ref><br />
#A Jewish agent brought a collateral from a non-Jew to another Jew in order to borrow with interest. After the loan is due, the lender Jew can ask the agent to show him which non-Jew he lent to but can not ask the agent to pay for the asked the agent to redeem the non-Jew’s collateral and pay for the loan.<ref>Bet Yosef 168:27 cites the Rashba 3:47 who speaks of a case where a Jew brought a collateral from a non-Jew to another Jew in order to borrow with interest, then the lender Jew asked the agent to redeem the non-Jew’s collateral and pay for the loan. The Rashba rules that it is forbidden for the agent Jew to pay the loan and interest since he is merely an agent. He must though indicate to the lender Jew who is the non-Jew who borrowed the money. Shulchan Aruch YD 168:27 codifies the Rashba. Shach 168:83 explains that the agent has no responsibility to sell or buy the collateral from the lender.</ref><br />
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====Borrowing on Behalf of a Community====<br />
#If a few Jewish administrators of a community or communal institution want to borrow with interest from a non-Jew on behalf of the community and then they lent it to the community with interest that is forbidden since ultimately the non-Jew will old the Jewish administrators responsible.<ref>Rashba responsa 5:259 writes that he heard that in many communities they will have the administrators of a community borrow with interest from a non-Jew on behalf of the community and then he lends it out with interest to the rest of the congregation. Rashba writes vehemently that there is nothing to rely upon. Rama 168:17 ambiguously quotes this practice without endorsing it or dismissing it.</ref><br />
#If an administrator for a community borrows from a non-Jew in order to pay for a communal construction project, according to some, he may be paid back by the community including the interest.<ref>Pitchei Teshuva 168:4 cites Chatom Sofer YD 135 who writes that once an administrator of the community borrowed from a non-Jew with interest for building a communal building for guests. Then he charged the community to each pay their share of the cost. He cites the Ranach 58 who permitted a contractor who borrowed with interest from non-Jews to be repaid by the community since they are essentially paying for the building and not interest for a loan.</ref><br />
<br />
===Selling a Non-Jew's Debt to Another Jew===<br />
# If one Jew lent money to a non-Jew with interest he can then sell that loan to another Jew and he should stipulate that this is a complete sale of the loan and they will no longer have any claims upon each other. Thereby the buyer becomes the new lender to the non-Jew and can collect interest.<ref>Shulchan Aruch 168:18. When there is no security deposit, the Shach 168:62 explains that the mechanism isn't exactly a sale since one can't really sell the debt to another Jew. Rather one is forgiving the non-Jew from paying him back. Then the non-Jew can pay the second Jew as he is "considered" according to their intention to be the new lender. In Shach 168:63 he clarifies that he doesn't need to inform the non-Jew of that which he forgave. Netivot Shalom 168:18:9 explains that even though the non-Jew will be paying the second Jew in error he can collect it. Shach 168:63 is in disagreement with the Bach who thinks that it is necessary to alert the non-Jew.</ref> When there is a security deposit from the non-Jew that would have to be transferred to the second Jew with the same stipulation that it is a complete sale and they have no claims upon each other.<ref>Shulchan Aruch Y.D. 168:18</ref> According to Ashkenazim it isn't necessary to make such a clear stipulation since it is assumed that this is the stipulation.<ref>Rama 168:18 following the Mordechai and Rosh teshuva</ref><br />
# A Jew who lent to a non-Jew with interest can sell the non-Jew's loan from a certain date going forward. The first Jew would collect the interest until that date and the second from that date and on.<ref>Tur 168:18</ref><br />
# A Jew who lent a non-Jew for a certain percent he can sell that loan at a lower percent. For example, if the first Jew lent a non-Jew $100 for 10% a year and then resold that debt to another Jew for 5% a year.<ref>Levush, Shach, Chachmat Adam against Taz</ref><br />
# A Jew who lent a non-Jew money for interest can then resell it to a Jew but he may not sell a portion of that loan to a Jew.<Ref>Shach (Nekudat Hakesef on Taz 168:28) and Levush</ref><br />
# A Jew who lent a non-Jew money for interest can't stipulate the buyer resell it to him.<ref>Although the Rama 168:18 is lenient, both the Shach 168:57 and Taz 168:27 disagree.</ref><br />
# A Jew who lent a non-Jew money for interest can sell that debt to a Jew but can't stipulate that he'll sell that debt if the Jew also gives him an additional interest free loan.<ref>The Taz 168:24 in disagreeing with the Levush forbids this. Shach in Nekudat Hakesef and Chachmat Adam cited by Chelkat Binyamin 168:151 are lenient. Netivot Shalom 168:18:14:1 questions the Shach from Shulchan Aruch 166:3 and answers it. Chavot Daat 168:34 forbids because of Shulchan Aruch 160:23 and 172:4. Chelkat Binyamin thinks that even the Shach accepts part of the argument of the Chavot Daat and would forbid anytime that sale of the debt is at a lower price because of the fact that he is also receiving an interest free loan.</ref><br />
# The Jew can resell the non-Jew's debt for a lower interest rate than the non-Jew is giving him.<ref>Rama 168:18</ref><br />
# It is permitted for the buyer of the debt to leave the non-Jew's security deposit in the hands of the original Jewish lender. The responsibility of the security deposit is now upon the second Jew but if they stipulated that the first Jew would have responsibility then he does.<ref>Rama 168:18. Shach 168:58 notes that in such a case it is necessary to do a formal sale of the loan in order for him to leave the security deposit with the first Jew.</ref><br />
#It is forbidden to say that one wants to borrow from another Jew with interest on or in exchange for a non-Jew’s collateral which was given to the first Jew because of a interest loan.<Ref>Rosh responsa 108:28 writes that if a Jew who lent to a non-Jew with interest asks another Jew to lend him money with interest on the collateral he received from the non-Jew that is considered taking interest. What exactly is the issue with this formulation? The Shach contends that as long as one says that one wants to borrow from another Jew with interest on a non-Jewish collateral we can’t reinterepert his words and since he said he wanted to borrow with interest that is how we view his transaction. However, if he wouldn’t explain the transaction at all, we would explain him to mean that he intended to buy it since we’d prefer to say he did something permitted. Chelkat Binyamin 168:236 sides with the Shach. He explains that there’s a fundamental difference between a sale and a loan. A sale is where the first Jew is completely removed from any dealings with the non-Jew and if he collects anything from the non-Jew he must give it to the second Jew. A loan is where the first Jew must pay the second Jew whether or not the non-Jew will pay. The Bach 168:26 disagrees and explains that there is a minhag to be lenient even if one says that one intends to borrow because we reinterpret it to mean to buy. Taz seems to agree. The Bet Yosef and Taz imply that the reason for the Rosh isn’t because of his incriminating words but rather because of his motivation. If the Jewish lender would have borrowed on that collateral for the benefit of the non-Jew it wouldn’t be considered a Jewish loan. However, as long as the motivation is for the needs of the Jew we understand that transaction between the two Jews to be a loan and not a sale.</ref><br />
# If a Jew borrowed from a non-Jew with a collateral and then the non-Jew for his own purposes borrowed from another Jew with the same collateral it is permitted for the second Jew to collect interest from the non-Jew, even if the non-Jew will in turn force the first Jew to pay interest.<ref>Tur 168:20 quotes the Baal Haitur that if a Jew borrowed from a non-Jew with a collateral and now the non-Jew is borrowing from another Jew with the same collateral the second Jew may not accept the interest from the non-Jew since it is as though it is coming from the Jew. However, the Rosh Pesachim 2:10 and Rashba 3:229 disagree. Once the Jew borrows from the non-Jew it is completely permitted and if the non-Jew then borrows from another Jew that is disconnected. The Bet Yosef 168:20 cites the Ran b”m 71b s.v. veharamban and Baal Hatrumot 46:4:10 who side with the Baal Haitur. Yet, the Baal Hatrumot adds that if the non-Jew accepts responsibility for the loan he’s taking from the second Jew it is permitted. Shulchan Aruch 168:20 cites the Rosh and Rashba as the main opinion and the Baal Haitur as some say.</ref><br />
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===Jewish Money Deposited with Non-Jew Used for Jewish Loan===<br />
#If a Jew deposits money with a non-Jew it is permitted for another Jew to borrow from that non-Jew with interest as long as the non-Jew took responsibility to the first Jew like a borrower.<ref>The Tosefta b”m 5:8 states that if a Jew deposited money with a non-Jew if the non-Jew took responsibility for it then he can lend it to another Jew with interest. Although the Baal Hatrumot 1:46:2:6 quotes someone who held we don’t follow the Tosefta, in 7:1 he writes that we do follow the Tosefta. Also, the Rosh b”m 5:56 and Tur and Shulchan Aruch Y.D. 168:21 codify it. Bet Yosef 168:21 isn’t certain what is the definition of the amount of responsibility that the non-Jew must accept in order to permit this. Does it mean that the non-Jew has responsibility like a watchman or does he need to take responsibility like a borrower who even if it is lost is obligated? He quotes the Baal Hatrumot assumed it was the latter. Shach 168:68 and Taz 168:31 agree.</ref><br />
===Non-Jewish Money Deposited with Non-Jew Used for Jewish Loan===<br />
#Money deposited by a non-Jew with a Jew, if the Jew accepts responsibility for them as a lona, he may not then lend them with interest. However, if he didn’t accept responsibility if he lent them to another Jew he didn’t take interest. Nonetheless, it is generally forbidden to do so since it is suspicious (marit ayin) and appears like taking interest from another Jew.<ref>The Tosefta b”m 5:8 states that if a non-Jew deposited money with a Jew he can lend it to another Jew with interest if the first Jew doesn’t have responsibility for the loan. The Bet Yosef 168:22 quotes the Baal Hatrumot 7:1 who explains that if the Jew has responsibility for the loan if it isn’t paid up that is a problem, however, if he merely accepts responsibility to pay while it is in his domain that is permissible since if something happens he can pay and there was no loan at all. Shach 168:69 and Taz 168:33 agree. Nonetheless, even in the first case, the Tur 168:23 writes that there is a problem because people will suspect that the first Jew is lending his own money to another Jew with interest.</ref><br />
# The issue of doing something that appears suspicious is avoided when it is well known that the Jew involved is an administrator for the non-Jew’s money and is merely lending the non-Jew’s money and not his own.<ref>Ran b”m 61b s.v. ani cited by Bet Yosef 168:23 writes that if a Jew is appointed a financial administrator over the non-Jew’s money he no longer has to be concerned with marit ayin since people won’t suspect him of lending his own money. Talmidei Harashba similarly holds that if it is the Jew’s profession to deal with the non-Jew’s money then there’s no suspicion. Baal Hatrumot 7:1 in fact only requires that the lender express to the borrower that it isn’t his own money. Rama 168:23 and Shach 168:71 accept the Ran and Talmidei Harashba, not the Baal Hatrumot.</ref><br />
===Non-Jew Hired by Jew to Lend His Money with Interest===<br />
#If a Jew hires a non-Jew to lend out his money with interest to Jews, it is only permitted if the non-Jew is merely an agent and accepts responsibility. Otherwise it is forbidden.<ref>The Tur 168:23 extends the cases of the Tosefta to include cases of where a Jew hires a non-Jew to lend his money out with interest. Again, it all depends on who takes the responsibility for the loan. Shulchan Aruch 168:23 codifies this.</ref><br />
===Jew Hired by Non-Jew to Lend His Money with Interest===<br />
#If a non-Jew hires a Jew to lend out his money with interest to Jews, it is forbidden if the Jewish employee accepts responsibility as a loan. Even if he doesn’t accept responsibility and technically it is a non-Jewish loan, nonetheless, there is a concern for suspicion (marit ayin) that it appears to be interest between two Jews.<Ref>Tur and Shulchan Aruch 168:23</ref><br />
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===Interest Gifted to A Jew or Non-Jew===<br />
# It is forbidden to lend another Jew money in order that he give the interest to a non-Jew.<ref>Shulchan Aruch Y.D. 168:1</ref> <br />
# It is permitted for a Jew to borrow from a non-Jew even if afterwards the non-Jew gives the interest to a Jew.<ref>Shulchan Aruch Y.D. 168:4</ref><br />
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==Disputes about the Arrangement==<br />
#If the borrower claims that his lender charged him interest and he should return it, if the lender responds that it was done in a permissible way he is believed without any oath. Some say that it is necessary to specify how it was done permissibly.<ref>Taz 168:36</ref> <br />
#This is true as long as the lender already collected the interest. However, if he has a collateral of the borrower or a legal document that entitles him to collect, he can collect after making an oath. If he responds that he didn’t take any interest or doesn’t know if he took any interest, he is believed only if he takes an oath to that effect. This is true as long as the lender already collected the interest, has a collateral of the borrower, or have a legal document that entitles him to collect. However, in absence of that and the lender hasn’t yet collected if the borrower claims that he doesn’t owe the money due to interest he is believed and doesn’t have to pay.<Ref>Shulchan Aruch and Rama Y.D. 168:25</ref><br />
#If the borrower claims that his lender charged him interest and he should return it, if the lender responds that it was done in a permissible way he is believed without any oath. Some say that it is necessary to specify how it was done permissibly.<ref>Taz 168:36</ref> This is true as long as the lender already collected the interest. However, if he has a collateral of the borrower or a legal document that entitles him to collect, he can collect after making an oath. If he responds that he didn’t take any interest or doesn’t know if he took any interest, he is believed only if he takes an oath to that effect. This is true as long as the lender already collected the interest, has a collateral of the borrower, or have a legal document that entitles him to collect. However, in absence of that and the lender hasn’t yet collected if the borrower claims that he doesn’t owe the money due to interest he is believed and doesn’t have to pay.<Ref>Shulchan Aruch and Rama Y.D. 168:25</ref><br />
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==Resources==<br />
*[https://docs.google.com/presentation/d/1ap-s04x1RQAvlRiZsg8wiN5zxmRQlCS8Bl5H4oBcpvs/edit?usp=sharing Slides for YD Siman 168-9]<br />
==Sources==<br />
<references/><br />
[[Category:Ribbit]]</div>YitzchakSultanhttps://halachipedia.com/index.php?title=Interest_with_Non-Jews&diff=25517Interest with Non-Jews2020-04-07T20:57:20Z<p>YitzchakSultan: /* Lending with Interest from a Non-Jewish with a Jewish Agent using a Jewish Security Deposit */</p>
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<div><br />
=Who can you take interest from?=<br />
==Non-Jews==<br />
# It is permitted to lend to and borrow from non-Jews with interest.<ref>The Gemara Bava Metsia 70b states that it is permitted to charge non-Jews ribbit and there is only a rabbinic prohibition to do so. The reason the rabbis forbade it is that they didn’t want people to learn from the non-Jews by interacting with them too much. They only permitted it for a talmid chacham or someone who needs to make money to survive. This is codified by the Rambam and Rif. However, Tosfot 70b s.v. tashich writes that today we lend with interest to non-Jews for three reasons: 1) we follow the opinion that there’s no rabbinic prohibition to lend to non-Jews at all. 2) Due to the high taxes we have to charge non-Jews interest otherwise financially wouldn’t survive and it is considered necessary for our livelihood. 3) Really based on the reason of the prohibition it is prohibited to do any business with non-Jews and if we didn’t do that we wouldn’t survive. Meiri b”m 70b agrees with reason two. Tur YD 159:1 cites the last reason of Tosfot. Shulchan Aruch and Rama Y.D. 159:1 simply writes that nowadays it is permitted to lend non-Jews with interest.</ref><br />
#Nowadays in Israel it is forbidden to lend non-Jews money with interest since it is possible to do business with Jews exclusively. Yet it would be permitted in order to make a livelihood but not to make oneself wealthy.<ref>Netivot Shalom YD 159:1:16 writes that today in Israel since it is possible to do without lending non-Jews with interest it is unclear if it is permitted to do so nowadays. Additionally, Rav Moshe Halevi in Malveh Hashem 5:3 writes that Jews who live in Israel should be strict not to lend non-Jews with interest since it is possible to transact with Jews and be financially stable. He explains that none of the reasons of Tosfot apply today except that perhaps we don't hold that there's any prohibition which is rejected. Similarly, Rav Shlomo Mazuz in Kerem Shlomo 159:8 is strict. Rav Ovadia Yosef in Halichot Olam v. 8 p. 3 writes that we hold that as long as it is difficult to do business only to Jews it is permitted in accordance with Tosfot, however, we do not hold that once the gezerah stopped applying it is nullified completely.</ref> Some poskim are lenient even in Israel.<ref>Chut Shani 2:1 p. 39 writes that even nowadays it is permitted to lend a non-Jew with interest even though in Israel we can support ourselves without business to non-Jews. Since there is some business with non-Jews and non-religious Jews the leniencies are still relevant. Chelkat Binyamin 159:10 (written in America) is lenient in all cases.</ref> <br />
# Even outside Israel one should be strict if one can.<ref>Chachmat Adam 130:6 writes that any honest man who could avoid taking interest from non-Jews should do so.</ref> Some say that for an impersonal bank it is permitted since one hardly interacts with the non-Jews.<ref> Chelkat Binyamin 159:1 s.v. vhaidna writes that one doesn’t have to be strict for the Chachmat Adam if one is lending to a bank and one only has to interact with them minimally.</ref> <br />
#It is permitted to borrow with interest from non-Jews.<ref>Rambam Malveh Vloveh 5:2 explains that they never prohibited it lest one come to learn from their ways since it is normal for a borrower to avoid the lender and not learn from him. Meiri b”m 70b agrees. Chazon Ovadia Shabbat v. 1 p. 7 and Malveh Hashem 5:5 codify this as the halacha.</ref><br />
<br />
==Non-Religious Jew==<br />
# It is permitted to lend to a non-religious Jew with interest if he was brought up religious and later became non-religious.<Ref>Shulchan Aruch 159:2</ref> Initially this should be avoided.<ref>Rama 159:2</ref><br />
# One may not lend a non-religious Jew who is raised as a non-religious Jew with interest.<reF>Shulchan Aruch and Rama 159:3 forbid lending with ribbit to someone who is a tinok shenishba. Gemara Shabbat 68b clarifies that a child who was captive among non-Jews (tinok shenishba) and didn't know about Shabbat is considered as though he sinned unintentionally. Brit Yehuda 30:12 agree. Rambam Mamrim 3:3 writes that the sons of the karaites who were brought up with the mistakes of their parents aren't considered minim but should be returned in teshuva. (Yet, see the manuscript editions which include another few words that alter the meaning of the Rambam.) Pirush Mishnayot Chullin 1:2 writes that someone who reject tenants of our faith are considered minim. However, someone who was born into a family and background with such thoughts aren't culpable and are similar to a tinok shenishba. Binyan Tzion Chadashot 23 posits that many of the non-religious Jews today are considered tinok shenishba since they're following the ways of their fathers. <br />
* Chazon Ish YD 1:6 writes that once we try to teach him about the Orthodox ways and he turns it down he is considered to be a mumar. The amount of effort necessary to spend in trying to teach him is subjective and is left up to the judgement of the rabbis of each generation. Additionally, once he is aware of the Orthodox Jews and practices even without trying to teach him he can be considered a mumar. However, that too depends on how aware he was of the Orthodox Jews and to what degree and with what intensity his parents taught his otherwise. This is the basis for the dispute whether Karaites are mumarim. </ref> This applies to conservative and reform Jews today.<ref>Igrot Moshe 4:91:6, Chelkat Binyamin 159:22</ref><br />
# Some say that it is permitted to lend the Karaites with interest.<ref>Shulchan Aruch 159:3. Bet Yosef 159:3 cites the Pirush Mishnayot Chullin 1:2 where the Rambam says that karaites are like tinok shenishba and it is forbidden to lend them with interest. Bet Yosef points out that the Nemukei Yosef 42b quotes the Ri who says that anyone who once recognized Orthodox Jews isn’t a tinok shenishba disagrees with this Rambam. Shulchan Aruch follows the Rambam. However, the Shach 159:6 cites the Maharshal, Maharnach 113, Rash quoted by Mabit 1:38, Rav Betzalel 3 who are strict. Nekudat Hakesef he writes that the halacha on this matter is unresolved. Chelkat Binyamin 159:21 concludes with the Graz who is strict.</ref><br />
<br />
==Arrangements of Loans Between Several Parties==<br />
===Lending A Non-Jew's Money to A Jew with Interest===<br />
# If a person borrowed money from a non-Jew with interest it is forbidden to then lend that money to another Jew with interest.<ref>Shulchan Aruch Y.D. 168:1</ref><br />
# If a person borrowed money from a non-Jew with interest and then before he returns it another Jew wants that loan and is willing to pay the interest to the non-Jewish lender, one may only give that loan to the second Jew under one of two methods. Both of these methods free the first Jew from any financial relationship with the second Jew:<br />
## The non-Jew tells the first Jew to leave the money in a certain location and he will be exempt<ref>Although Shulchan Aruch 168:3 hold that it is sufficient for the non-Jew to state that you can leave the money in a certain location for the second Jew and it is understood that he is exempt from the loan obligation, Shach 168:7, Taz 168:3, and Gra 168:6 all hold that it is necessary to state so explicitly.</ref> and then the second Jew takes it from there.<ref>Shulchan Aruch Y.D. 168:3</ref> <br />
## The first Jew returns the money to the non-Jew and he then gives it to the second Jew. No words need to be spoken since it is understood that when the non-Jew took the money from the first Jew he was exempting him from his loan.<ref>Shulchan Aruch Y.D. 168:2</ref><br />
## It isn't a solution for the non-Jew to simply tell the first Jew to hand the money over to the second Jew and he'll be exempt since that appears as though the two Jews lent money with interest.<ref>Shulchan Aruch Y.D. 168:1</ref><br />
===Lending with Interest with a Non-Jewish Agent===<br />
# A non-Jew who borrowed from a Jew and is ready to return the money, if he finds another Jew to borrow that money with interest can give it to him with interest. However, if the non-Jew brought the money to the lender Jew he can't lend it to another Jew since that considered a loan between the lender and the other Jew with interest. Obviously this is forbidden if the non-Jew actually gave the money back to the lender that the lender may not lend that money to a Jew with interest. Additionally it is forbidden if the non-Jew put the money on the ground for the other Jew to pick up and the lender stated that the non-Jew would be exempt once he placed the money on the ground. These are all considered Biblical interest.<ref>Gemara Bava Metsia 71b, Shulchan Aruch Y.D. 168:6</ref> However, if the non-Jew simply hands the money to the borrower Jew in the presence of the lender Jew, most rishonim hold that this is rabbinically forbidden since the non-Jew is an agent of the borrower. However, there is a minority opinion in the rishonim who allows this.<ref>Rashi Bava Metsia 71b s.v. v'im explains that the conclusion of the Gemara was that there is a concept of agency for two Jews to create a loan between them with interest. This is rabbinically forbidden. This is the opinion of the Rif, Ramban, Rashba, Ran, and Nemukei Yosef all cited by the Bet Yosef 168:6. The Rambam Malveh Vloveh 5:4 however holds it is Biblically forbidden. On the other hand, Rabbenu Tam held that the gemara backed out of that stringency and so it is permitted. Rosh responsa 108:11 ponders how someone could possibly rule like Rabbenu Tam when it seems that it is forbidden and Rabbenu Tam brought no proofs. Either way, there the Rosh rejects following Rabbenu Tam initially. He is aware of the practice of some people to follow Rabbenu Tam but he argues that it is incorrect and the lender could only accept the interest if he is unaware that the non-Jew is borrowing the money for the other Jew.</ref> The halacha is not to accept this minority opinion.<ref>Shulchan Aruch Y.D. 168:6 completely rejects Rabbenu Tam's opinion. Rama 168:5 and 7 cites Rabbenu Tam however he says that one should only follow that opinion where there is a minhag. Chelkat Binyamin 168:51 writes that we don't follow the Rabbenu Tam since it is a question of Biblical interest.</ref><br />
# It is forbidden for a Jew to arrange with a non-Jew to lend your money to him in order that he lend it to another Jew with interest.<ref>Rashba teshuva 3:243 writes that it is forbidden to lend your money to him in order that he lend it to another Jew with interest since that is a mere legal fiction and is considered taking interest. Also, there is a concept of shelichut for a non-Jew to be considered a shelichut for purposes of being strict. That is, the rabbis view this transaction as though the non-Jew is an agent of the Jews and it is a loan between two Jews. Shulchan Aruch Y.D. 168:5 rule like the Rashba. The Shach 168:10 points out that the Rama would agree as well. Malveh Hashem 1:5:12 agrees. However, the Netivot Shalom 168:5:5 argues at length that the Rama never accepted this approach of the Rashba who expanded the concept of legal fictions for ribbit. The entire concept of Rabbenu Tam who allowed having a non-Jewish agent to arrange the loan with interest or Rashi's opinion who allowed a Jewish agent to arrange the loan with interest, both of which are cited by the Rama indicate that he was not concerned with the expansions of the Rashba. This is further supported by the fact that the Rama 168:5 implies that the reason for Shulchan Aruch is completely other than the reason of making a legal fiction out of taking interest. Netivot Shalom brings sources that show that there's a fundamental dispute of how far reaching is prohibition of using legal loopholes in interest (haramat ribbit) between the Maharam and Rashba. Netivot Shalom 166:6:13 extends this discussion to that of using a heter iska and the Gra's opinion that it violates haramat ribbit.</ref> After the fact it is forbidden to take the interest since the non-Jewish agent is merely a ruse and it was really a loan with interest from a Jew.<ref>Netivot Shalom 168:5:6 explains that the haramat ribbit that the Rashba was discussing was because the real intention of the parties was to create a loan between the two Jews and so it is completely ribbit, which is forbidden even after the fact. However, the Malveh Hashem 1:5:12 writes that this haramat ribit of the Rashba is purely legal fiction that is valid, though it is forbidden to arrange. Therefore, if it was already collected certainly it doesn't need to be returned.</ref><br />
#If the lender didn't know about the fact that the borrower appointed the non-Jew to borrow for him from a Jew with interest he can keep the interest<ref>Shulchan Aruch Y.D. 168:7</ref> and some allow him to even collect the interest once it was arranged.<ref><br />
* Derisha 168:4 explains that it is absolutely forbidden for the lender to make the borrower pay the interest since it is forbidden for the borrower to pay it, however, it already happened then the lender can keep it. <br />
* Shach 168:17 argues that it is permitted for the lender to make the borrower pay the interest since it was done without his knowledge and in such a case it isn't really forbidden for the borrower with respect to the lender. Chelkat Binyamin 168:55 and 57 rules like the Shach and explains that once the lender wasn't aware of the appointment of the non-Jew by the borrower it isn't forbidden for the borrower to pay the interest. The only aspect that was forbidden is the arrangement of the loan. <br />
* Netivot Shalom 168:7:6 writes that the Teshuvat Ri doesn't imply like the Derisha at all. Netivot Shalom 168:7:6 reads the Bet Yosef in accordance with the Derisha. However, the Chelkat Binyamin (168 Tziyunim 136) argues that the Bet Yosef held like the Shach.</ref> Sephardim are more strict and only allow this completely after the fact that the interest was collected.<ref>Horah Brurah 168:31. There he mentions the idea that the Bet Yosef suggests which is if the lender doesn't know from witnesses that the borrower appointed the non-Jew to be his agent and the borrower himself since he didn't appoint the non-Jew then the lender could collect the interest. Horah Brurah concludes that one may only rely upon this after the fact.</ref><br />
# If a Jew told a non-Jew to borrow for him from another non-Jew with interest and he went and borrowed from a Jew with interest the borrower can even pay the interest.<ref>Mordechai b"m 337, Shulchan Aruch Y.D. 168:8. Shach 168:19 and Taz 168:9 argue that just like the lender can collect the interest the borrower can pay it. However, it appears from the Bet Yosef that only the lender can collect it but it is forbidden for the lender to collect it. Horah Brurah 168:34 follows the Shach and Taz that if the non-Jew didn't follow the orders of the borrower it is then permitted for both the lender and borrower to exchange the interest at the end.</ref><br />
===Non-Jew borrowing with Interest from a Jew through a Jewish Agent===<br />
# If a non-Jew asks a Jew to borrow for him from another Jew with interest the Jewish agent may do his job as long as he says clearly that he is borrowing with interest on behalf of a non-Jew or the transaction is happening in the presence of the non-Jew.<ref>Ran b"m 71b s.v. mahu, Nemukei Yosef 42a, Hagaot Ashri 5:42, Rosh responsa 108:5, Raavan 103, and Smak 260 all cited by Bet Yosef 168:13. Baal Hatrumot 46:4:10 citing Ramban b"m 71b s.v. vgoy explains that even though the Jewish agent can't halachically become the agent of the non-Jew since there's no agency for non-Jews, the Jewish agent can be the agent of the lender.</ref> <br />
# The agent can't take upon himself responsibility for the capital or the interest. If he takes upon himself responsibility for either one that is considered as though the agent is a borrower and there is interest when the lender takes interest from the borrower.<ref>Shulchan Aruch 168:13</ref><br />
# The agent can't take upon himself responsibility for the collateral getting lost or stolen, rather the lender needs to take such responsibility. If he takes upon the regular type of responsibility as a [[shomer]] would generally take that is permitted. However, he may not take responsibility for unexpected circumstances.<ref>Shulchan Aruch Y.D. 168:16 based on the Rosh in disagreement with the Ramah who allowed taking even responsibility for unexpected events. </ref> If they didn't specify this responsibility and it was left unclear, after the fact, we can assume that the Jewish lender and the agent would want to arrange it in the permitted fashion.<ref>Shach 168:36 citing Bach, Baal Hatrumot 46:4:10 citing Ramban</ref><br />
# If the non-Jew never comes to pay the loan with the interest the agent may not pay it.<ref>Shulchan Aruch Y.D. 168:14</ref><br />
## Additionally, the lender may not force the agent to buy the collateral for the price of the capital and interest.<ref>Rama 168:14, Shach 168:47, Taz 168:20, Bach 168:15, Chelkat Binyamin 168:148. According to the Taz this is even the opinion of Shulchan Aruch, but according to the Shach and Bach this is only the opinion of the Rama and Shulchan Aruch would disagree.</ref><br />
## However, if the agent wants to buy the collateral for the capital and interest he can do so.<ref>Rama 168:14, Shach 168:47, Taz 168:20, Bach 168:15</ref><br />
# If the non-Jew never comes to pay the loan the lender can sell the collateral and keep the value. The agent can't stop the lender from doing so out of fear of the non-Jew since the lender isn't really incumbent to the agent or the non-Jew.<ref>Shulchan Aruch Y.D. 168:15, Rosh responsa 108:6</ref> Some say that if the agent was originally appointed by the lender to do this loan with the non-Jew, then if the agent is afraid of the ramifications of the lender selling the collateral, then the lender must listen and if he doesn't then he must pay for damages to the agent.<ref>Levush 168:15, Shach 168:50, Chelkat Binyamin 168:156. The explanation of the Levush is that essentially since the agent isn't a borrower he can tell the lender to do or not do something and that poses no issue. The lender should be cautious of the damages that can occur to the agent, however, if the agent arranged with the non-Jew and not the lender, then the lender doesn't have to be concerned. It is the responsibility of the agent. If the agent was originated commissioned by the Jewish lender then it is a concern for the lender that he doesn't cause a damage to the agent. The Taz 168:20 and Bet Meir disagree with the Levush. They hold that the lender doesn't have to listen to the agent in any event. They explain that the source for this halacha is the Rosh and he held that the borrower shouldn't take any responsibility for the collateral and yet he writes that he doesn't need to listen to the agent. Shach in Nekudat Hakesef 168:14 answers that these are two separate statements of the Rosh. The Bet Meir doesn't understand the Shach since the Rosh either way would discuss a permissible case according to his opinion.</ref><br />
<br />
===Lending with Interest from a Non-Jewish with a Jewish Agent using a Security Deposit===<br />
[[Image:Taking Mashkon from Non-Jew.png|300px|right]]<br />
[[Image:Returning Mashkon to Non-Jew.png| 350px| right]]<br />
# Some permit borrowing from a non-Jew with a security deposit so that they can in turn borrow with interest from another Jew with that security deposit. This is permitted since the non-Jew takes responsibility for the original loan and it is treated as two loans and not one. Ashkenazim can rely on this opinion.<ref>Ri cited by Rosh b"m 5:55, Rosh responsa 108:11, Rama 168:8 seems to support this approach. Darkei Moshe 168:4 quotes the Mordechai and Hagahot Ashri who held that it is permitted even initially. Darkei Moshe 168:9 cites the Kol Bo 84 and Hagahot Maimoniyot Malveh 5:3 who says that the minhag was like the Ri</ref> Others hold that generally this is forbidden to arrange but if one explicitly tells the non-Jew that he has responsibility for the loan then it is permitted.<ref>Ramban b"m 71b s.v. vbar cited by Tur 168:9, Rashba 7:321, Nemukei Yosef 42a, Talmidei Harashba, and Baal Hatrumot 46:4:10 s.v. vkatav alav haramban cited by Bet Yosef 168:9</ref><br />
# Even according to the strict opinion, a lender to a non-Jew with interest who collected a deposit from him which came originally from a Jew can collect the interest as long as he isn't certain that it was arranged improperly.<ref>Ri, Rosh, Shulchan Aruch 168:9. Chelkat Binyamin 168:63 explains that essentially there's two schools of thought regarding a loan with a security deposit from one Jew to another Jew with a non-Jew in between. The Gra and Levush understand that this depends on whether one may set up a non-Jew agent between two Jews who are transacting with interest. The Shach, Taz 168:14, and Chavot Daat 168:12, on the other hand, think that the security deposit poses its own problem in that it functionally creates a lien of the Jewish lender upon the original borrower Jew. This could be solved if the non-Jew acquired the deposit from the non-Jew in an absolute fashion.</ref> Some say that he may not collect the interest if he knew that it was a Jewish security deposit such as if it is a Jewish article of clothing.<ref>Tur 189:9, Shulchan Aruch 168:9. Bet Yosef 168:9 s.v. yisrael shnatan notes that the Mordechai 338 held within the opinion of Rabbenu Tam that it doesn't matter whether the deposit was clearly Jewish or not.</ref><br />
# If the original Jew wants to get his security deposit back from the other Jew who lent to the non-Jew and the non-Jew isn't cooperating, the lender Jew doesn't need to work with the borrower Jew since they didn't have any transaction one to another.<ref>Rosh responsa 108:8, Rama 168:9</ref><br />
# If a Jew has a security deposit of a non-Jew in his hands and the non-Jew direct him to use it to borrow from another Jew with interest on his behalf, the first Jew may do so.<ref>Mordechai 337 writes that a Jew can use a non-Jew's security deposit to borrow from a Jew with interest if he is instructed so by the non-Jew. The Mordechai seems to apply this even to the case where the Jew didn't have the non-Jew's deposit but instead wanted to gift him a deposit of his own for its value. The Bet Yosef is troubled by this leniency since there's no mechanism by which the non-Jew is actually acquiring the deposit. Taz 168:14 gives a nuanced explanation that it was sold to the second Jew with a condition that the non-Jew could buy it back. Bach 168:13 and Nekudat Hakesef 168:11 explain that once a owner admits to the fact someone else owns his item it halachically belongs to that person (''kinyan odita'') and that is sufficient to remove the prohibition of ribbit. Either way, the Rama 169:11 concludes that we assume that it is impossible to gift a deposit to a non-Jew without him making a physical [[kinyan]] such as meshicha.</ref><br />
====Non-Jew Borrowed from Jew with Collateral and Jewish Agent====<br />
#A Jewish agent brought a collateral from a non-Jew to another Jew in order to borrow with interest. After the loan is due, the lender Jew can ask the agent to show him which non-Jew he lent to but can not ask the agent to pay for the asked the agent to redeem the non-Jew’s collateral and pay for the loan.<ref>Bet Yosef 168:27 cites the Rashba 3:47 who speaks of a case where a Jew brought a collateral from a non-Jew to another Jew in order to borrow with interest, then the lender Jew asked the agent to redeem the non-Jew’s collateral and pay for the loan. The Rashba rules that it is forbidden for the agent Jew to pay the loan and interest since he is merely an agent. He must though indicate to the lender Jew who is the non-Jew who borrowed the money. Shulchan Aruch YD 168:27 codifies the Rashba. Shach 168:83 explains that the agent has no responsibility to sell or buy the collateral from the lender.</ref><br />
<br />
====Non-Jew Selling Jewish Debt====<br />
#If a Jew owed a non-Jew capital and interest, that non-Jew can sell that debt to another Jew. If the non-Jew collects the interest it is permitted for the Jew to accept it, yet if he doesn't then the second Jew shouldn't collect the interest from the first Jew.<ref>Rashba responsa 1:764 cited by Darkei Moshe 168:6, Bedek Habayit 168:27, and Knesset Hagedola (Bet Yosef 168:44).</ref><br />
<br />
====Jew Selling Non-Jewish Debt====<br />
# If a Jew lent a non-Jew with interest upon a security deposit of the non-Jew. Then the non-Jew sold the security deposit to another Jew and he was told to pay the debt to the first Jew and collect the security deposit. This transaction is totally permitted since the loan was made between the Jew and non-Jew and then there was a sale of the non-Jewish debt to a Jew.<ref>Rosh responsa 108:25, Shulchan Aruch 168:12</ref><br />
#However, if the Jew who bought the debt then didn't pay off the debt immediately in order to redeem the deposit and only paid it after some time, thereby accruing a further interest charge upon the non-Jewish lender, the non-Jew may pay that interest charge to the Jewish lender even if the non-Jew in turn forces the Jewish buyer to pay him for that interest charge. But the Jewish buyer may not pay the interest to the Jewish lender because that would paying interest.<ref>Rosh responsa 108:25, Shulchan Aruch 168:12</ref><br />
====When the Deposit was Taken Forcibly====<br />
# If a non-Jew took a security deposit from a Jew forcibly and then used it to borrow with interest from another Jew, that second jew may collect interest from the non-Jew but may not collect interest from the first Jew.<ref>Smak 260, Kol Bo 84, Mordechai 338 citing Riva, Baal Hatrumot 46:4:10 all quoted by the Bet Yosef 168:10</ref> Some disagree and allow collecting the interest.<ref>Rosh cited by Tur 168:10</ref> <br />
# However, under the following two circumstances one may collect the interest according to everyone: <br />
##If the force and responsibility of the loan rests upon the non-Jew besides for the security deposit then it is permitted to collect the interest from the first Jew.<ref>Bet Yosef 168:10 based on the Baal Hatrumot</ref><br />
##Additionally, if the first Jew didn't know that his security deposit was going to be used to borrow from a Jew with interest it isn't any question of interest for him to pay the second Jew the interest to redeem his item.<ref>Maharik 16 cited by Bet Yosef 168:10</ref><br />
====When the Deposit was Given to the Non-Jew Properly====<br />
# If a Jew borrowed from a non-Jew with interest and gave him a security deposit. If the non-Jew takes that deposit and uses it to borrow from another Jew with interest some say that one may not take interest from that transaction, while others say that one can. Generally we are lenient except in the following two circumstances:<ref>Shulchan Aruch 168:10, 20</ref> <br />
##If the non-Jew forcibly took the deposit from the first Jew then we assume that the deposit wasn't really acquired by the non-Jew and so when it is used to borrow against another Jew it is like there's a deal between the two Jews.<ref>Bet Yosef 168:10 in his second answer, Shach 168:26, 67, Taz 168:11. Gra 168:23 disagrees.</ref><br />
##Additionally, if the non-Jew immediately took that deposit from the first Jew and used it to borrow from the second Jew then it appears that he did so only to create a loan between two Jews. However, if he held onto it for some time for himself then it isn't an issue.<ref>Bet Yosef 168:10 in his first answer, Shach 168:67</ref><br />
<br />
====Lending with Interest from a Non-Jewish with a Jewish Agent using a Jewish Security Deposit====<br />
#If a Jew lent from another Jew and got a collateral for that loan, and specified that if the Jew didn’t pay up on time he would either sell the collateral or borrow against it with interest. If he then borrowed against it with interest from a non-Jew, he isn’t responsible to pay the interest for the loan since that was the stipulation. Instead the Jewish borrower needs to pay the interest in order to redeem his collateral.<ref>Rashba responsa cited by Bet Yosef 168:26 explains that once they stipulated that the lender Jew can borrow with interest against the collateral we understand that to mean that the ledner Jew isn’t borrowing from the non-Jew for himself, rather he is doing so as an agent of the other Jew. Therefore, the borrower Jew can repay the interest to the non-Jew and it isn’t interest to the lender Jew since he is neither a lender or a guarantor of the loan, he is simply the agent. Shaar Mishpat 168:13 cites this Rashba but also cites the Maharit YD 46 based on the Maharam who argues that it is an asmachta and isn't binding. Therefore, the lender couldn't lend to the non-Jew with interest on that collateral. Shulchan Gavoha 168:50 cites this Rashba and fundamentally puts it in the same camp as the Rosh which is codfied by Shulchan Aruch 168:26. Kovetz Halichot Horah Ribbit v. 5 p. 316-7 explains that it is necessary for the Rashba and Ramban 71a that the lender Jew be the agent of the original borrower as well as the fact that the non-Jew is collecting from the collateral. The reason is that if it was simply that the non-Jew would collect from the collateral but the Jewish lender was never appointed as an agent then he is in essence borrowing for himself with interest and having another Jew repay his interest using his collateral.</ref><br />
#If a Jew lent from another Jew and got a collateral for that loan, he can then use that collateral to borrow with interest from a non-Jew. He should specify to the non-Jew that he is borrowing on behalf of another Jew and he has no responsibility. Alternatively, if the collateral is worth the entire value of the loan he can use it to borrow from the non-Jew with interest. Then the original borrower Jew can pay the non-Jew the interest and redeem his collateral. The Jewish lender was simply the agent of the first Jew to borrow with interest from a non-Jew.<ref>Tashbetz Katan 486 writes that if the Jewish lender specifies to the non-Jew that he is borrowing on behalf of another Jew it is permitted, otherwise it is like he is borrowing for himself and having the original borrower Jew pay the interest is forbidden. Yet, the Bet Yosef 168:26 points out that the Rosh implies that it is permitted for the original borrower to pay the interest even if the lender Jew didn’t make that stipulation. Shulchan Aruch 168:26 simply quotes the case without specifically mentioning that stipulation. Shach 168:82 explains that the Tashbetz Katan and Rosh agree. Either a stipulation is necessary or having a collateral that is worth the entire value of the loan and interest. Otherwise it is forbidden. Chelkat Binyamin 168:291 agrees. Mayin Ganim Abadi YD 9 shows at length that the Bet Yosef thought that there is a dispute between the Tashbetz Katan and Rosh. The Rosh thinks that even without specifying it is assumed that the non-Jew depends on the collateral and there’s no responsibility upon the Jew. However, the Tashbetz Katan thinks that only if the Jew specifies that is it so, otherwise we assume that the non-Jew will hold responsible the Jew who is borrowing from him as well as from the collateral, in which case it would be forbidden for the original borrower to pay the interest. Erech Lechem 168:17 implies this as well. He explains that the Ran cited in Shulchan Aruch 168:17 implies like the Tashbetz Katan, yet, Shulchan Aruch ultimately sided with the Rosh and Rashba unlike the Tashbetz Katan and Ran.</ref><br />
#If a Jew lent from another Jew and got a collateral for that loan, and specified that if the Jew didn’t pay up on time he would either sell the collateral or borrow against it with interest. If he then borrowed against it with interest from a non-Jew, he isn’t responsible to pay the interest for the loan since that was the stipulation. Instead the Jewish borrower needs to pay the interest in order to redeem his collateral.<ref>Rashba responsa cited by Bet Yosef 168:26 explains that once they stipulated that the lender Jew can borrow with interest against the collateral we understand that to mean that the ledner Jew isn’t borrowing from the non-Jew for himself, rather he is doing so as an agent of the other Jew. Therefore, the borrower Jew can repay the interest to the non-Jew and it isn’t interest to the lender Jew since he is neither a lender or a guarantor of the loan, he is simply the agent. Shaar Mishpat 168:13 cites this Rashba but also cites the Maharit YD 46 based on the Maharam who argues that it is an asmachta and isn't binding. Therefore, the lender couldn't lend to the non-Jew with interest on that collateral. Shulchan Gavoha 168:50 cites this Rashba and fundamentally puts it in the same camp as the Rosh which is codfied by Shulchan Aruch 168:26. Kovetz Halichot Horah Ribbit v. 5 p. 316-7 explains that it is necessary for the Rashba and Ramban 71a that the lender Jew be the agent of the original borrower as well as the fact that the non-Jew is collecting from the collateral. The reason is that if it was simply that the non-Jew would collect from the collateral but the Jewish lender was never appointed as an agent then he is in essence borrowing for himself with interest and having another Jew repay his interest using his collateral.</ref><br />
#If a Jew wants to borrow from a non-Jew with interest and he asks another Jew to be his agent, he can do so. If he gives him a collateral then it isn’t necessary for the agent to specify that he is borrowing on behalf of someone else since the non-Jew is ready to collect from the collateral.<ref>Rosh b”m 5:56, Tur and Shulchan Aruch 168:17. Bet Yosef 168:17 based on the Nemukei Yosef 44a clarifies that it is insufficient to say that the collateral serves as the place where the non-Jew can collect, rather he needs even to specify that he bares no responsibility. Shach 168:52 cites this opinion. Shulchan Aruch 170:1 follows that opinion.</ref> Some say that as long as the collateral is actually worth the value of the loan and interest, then it is automatic that the non-Jew is ready to collect from the collateral and his lein applies to that and not to the Jew.<Ref>Shach 168:51</ref><br />
#If a Jew wants to borrow from a non-Jew with interest and he asks another Jew to be his agent, he can do so. Yet, it is important that the agent specify with the non-Jew that he is indeed borrowing on behalf of another Jew and he bares no responsibility.<ref>Tur and Shulchan Aruch 168:17</ref><br />
#It is an issue if the Jewish agent has any responsibility for the loan even to serve as a guarantor that can be collected from first (Arev Kablan), rather the non-Jew needs to completely be able to collect from the collateral.<Ref>Bet Yosef 168:17 cites the Ran (Nemukei Yosef 42a) who holds that it is forbidden to be an Arev Kablan for another Jew.</ref><br />
<br />
====Borrowing on Behalf of a Community====<br />
#If a few Jewish administrators of a community or communal institution want to borrow with interest from a non-Jew on behalf of the community and then they lent it to the community with interest that is forbidden since ultimately the non-Jew will old the Jewish administrators responsible.<ref>Rashba responsa 5:259 writes that he heard that in many communities they will have the administrators of a community borrow with interest from a non-Jew on behalf of the community and then he lends it out with interest to the rest of the congregation. Rashba writes vehemently that there is nothing to rely upon. Rama 168:17 ambiguously quotes this practice without endorsing it or dismissing it.</ref><br />
#If an administrator for a community borrows from a non-Jew in order to pay for a communal construction project, according to some, he may be paid back by the community including the interest.<ref>Pitchei Teshuva 168:4 cites Chatom Sofer YD 135 who writes that once an administrator of the community borrowed from a non-Jew with interest for building a communal building for guests. Then he charged the community to each pay their share of the cost. He cites the Ranach 58 who permitted a contractor who borrowed with interest from non-Jews to be repaid by the community since they are essentially paying for the building and not interest for a loan.</ref><br />
<br />
===Selling a Non-Jew's Debt to Another Jew===<br />
# If one Jew lent money to a non-Jew with interest he can then sell that loan to another Jew and he should stipulate that this is a complete sale of the loan and they will no longer have any claims upon each other. Thereby the buyer becomes the new lender to the non-Jew and can collect interest.<ref>Shulchan Aruch 168:18. When there is no security deposit, the Shach 168:62 explains that the mechanism isn't exactly a sale since one can't really sell the debt to another Jew. Rather one is forgiving the non-Jew from paying him back. Then the non-Jew can pay the second Jew as he is "considered" according to their intention to be the new lender. In Shach 168:63 he clarifies that he doesn't need to inform the non-Jew of that which he forgave. Netivot Shalom 168:18:9 explains that even though the non-Jew will be paying the second Jew in error he can collect it. Shach 168:63 is in disagreement with the Bach who thinks that it is necessary to alert the non-Jew.</ref> When there is a security deposit from the non-Jew that would have to be transferred to the second Jew with the same stipulation that it is a complete sale and they have no claims upon each other.<ref>Shulchan Aruch Y.D. 168:18</ref> According to Ashkenazim it isn't necessary to make such a clear stipulation since it is assumed that this is the stipulation.<ref>Rama 168:18 following the Mordechai and Rosh teshuva</ref><br />
# A Jew who lent to a non-Jew with interest can sell the non-Jew's loan from a certain date going forward. The first Jew would collect the interest until that date and the second from that date and on.<ref>Tur 168:18</ref><br />
# A Jew who lent a non-Jew for a certain percent he can sell that loan at a lower percent. For example, if the first Jew lent a non-Jew $100 for 10% a year and then resold that debt to another Jew for 5% a year.<ref>Levush, Shach, Chachmat Adam against Taz</ref><br />
# A Jew who lent a non-Jew money for interest can then resell it to a Jew but he may not sell a portion of that loan to a Jew.<Ref>Shach (Nekudat Hakesef on Taz 168:28) and Levush</ref><br />
# A Jew who lent a non-Jew money for interest can't stipulate the buyer resell it to him.<ref>Although the Rama 168:18 is lenient, both the Shach 168:57 and Taz 168:27 disagree.</ref><br />
# A Jew who lent a non-Jew money for interest can sell that debt to a Jew but can't stipulate that he'll sell that debt if the Jew also gives him an additional interest free loan.<ref>The Taz 168:24 in disagreeing with the Levush forbids this. Shach in Nekudat Hakesef and Chachmat Adam cited by Chelkat Binyamin 168:151 are lenient. Netivot Shalom 168:18:14:1 questions the Shach from Shulchan Aruch 166:3 and answers it. Chavot Daat 168:34 forbids because of Shulchan Aruch 160:23 and 172:4. Chelkat Binyamin thinks that even the Shach accepts part of the argument of the Chavot Daat and would forbid anytime that sale of the debt is at a lower price because of the fact that he is also receiving an interest free loan.</ref><br />
# The Jew can resell the non-Jew's debt for a lower interest rate than the non-Jew is giving him.<ref>Rama 168:18</ref><br />
# It is permitted for the buyer of the debt to leave the non-Jew's security deposit in the hands of the original Jewish lender. The responsibility of the security deposit is now upon the second Jew but if they stipulated that the first Jew would have responsibility then he does.<ref>Rama 168:18. Shach 168:58 notes that in such a case it is necessary to do a formal sale of the loan in order for him to leave the security deposit with the first Jew.</ref><br />
#It is forbidden to say that one wants to borrow from another Jew with interest on or in exchange for a non-Jew’s collateral which was given to the first Jew because of a interest loan.<Ref>Rosh responsa 108:28 writes that if a Jew who lent to a non-Jew with interest asks another Jew to lend him money with interest on the collateral he received from the non-Jew that is considered taking interest. What exactly is the issue with this formulation? The Shach contends that as long as one says that one wants to borrow from another Jew with interest on a non-Jewish collateral we can’t reinterepert his words and since he said he wanted to borrow with interest that is how we view his transaction. However, if he wouldn’t explain the transaction at all, we would explain him to mean that he intended to buy it since we’d prefer to say he did something permitted. Chelkat Binyamin 168:236 sides with the Shach. He explains that there’s a fundamental difference between a sale and a loan. A sale is where the first Jew is completely removed from any dealings with the non-Jew and if he collects anything from the non-Jew he must give it to the second Jew. A loan is where the first Jew must pay the second Jew whether or not the non-Jew will pay. The Bach 168:26 disagrees and explains that there is a minhag to be lenient even if one says that one intends to borrow because we reinterpret it to mean to buy. Taz seems to agree. The Bet Yosef and Taz imply that the reason for the Rosh isn’t because of his incriminating words but rather because of his motivation. If the Jewish lender would have borrowed on that collateral for the benefit of the non-Jew it wouldn’t be considered a Jewish loan. However, as long as the motivation is for the needs of the Jew we understand that transaction between the two Jews to be a loan and not a sale.</ref><br />
# If a Jew borrowed from a non-Jew with a collateral and then the non-Jew for his own purposes borrowed from another Jew with the same collateral it is permitted for the second Jew to collect interest from the non-Jew, even if the non-Jew will in turn force the first Jew to pay interest.<ref>Tur 168:20 quotes the Baal Haitur that if a Jew borrowed from a non-Jew with a collateral and now the non-Jew is borrowing from another Jew with the same collateral the second Jew may not accept the interest from the non-Jew since it is as though it is coming from the Jew. However, the Rosh Pesachim 2:10 and Rashba 3:229 disagree. Once the Jew borrows from the non-Jew it is completely permitted and if the non-Jew then borrows from another Jew that is disconnected. The Bet Yosef 168:20 cites the Ran b”m 71b s.v. veharamban and Baal Hatrumot 46:4:10 who side with the Baal Haitur. Yet, the Baal Hatrumot adds that if the non-Jew accepts responsibility for the loan he’s taking from the second Jew it is permitted. Shulchan Aruch 168:20 cites the Rosh and Rashba as the main opinion and the Baal Haitur as some say.</ref><br />
<br />
===Jewish Money Deposited with Non-Jew Used for Jewish Loan===<br />
#If a Jew deposits money with a non-Jew it is permitted for another Jew to borrow from that non-Jew with interest as long as the non-Jew took responsibility to the first Jew like a borrower.<ref>The Tosefta b”m 5:8 states that if a Jew deposited money with a non-Jew if the non-Jew took responsibility for it then he can lend it to another Jew with interest. Although the Baal Hatrumot 1:46:2:6 quotes someone who held we don’t follow the Tosefta, in 7:1 he writes that we do follow the Tosefta. Also, the Rosh b”m 5:56 and Tur and Shulchan Aruch Y.D. 168:21 codify it. Bet Yosef 168:21 isn’t certain what is the definition of the amount of responsibility that the non-Jew must accept in order to permit this. Does it mean that the non-Jew has responsibility like a watchman or does he need to take responsibility like a borrower who even if it is lost is obligated? He quotes the Baal Hatrumot assumed it was the latter. Shach 168:68 and Taz 168:31 agree.</ref><br />
===Non-Jewish Money Deposited with Non-Jew Used for Jewish Loan===<br />
#Money deposited by a non-Jew with a Jew, if the Jew accepts responsibility for them as a lona, he may not then lend them with interest. However, if he didn’t accept responsibility if he lent them to another Jew he didn’t take interest. Nonetheless, it is generally forbidden to do so since it is suspicious (marit ayin) and appears like taking interest from another Jew.<ref>The Tosefta b”m 5:8 states that if a non-Jew deposited money with a Jew he can lend it to another Jew with interest if the first Jew doesn’t have responsibility for the loan. The Bet Yosef 168:22 quotes the Baal Hatrumot 7:1 who explains that if the Jew has responsibility for the loan if it isn’t paid up that is a problem, however, if he merely accepts responsibility to pay while it is in his domain that is permissible since if something happens he can pay and there was no loan at all. Shach 168:69 and Taz 168:33 agree. Nonetheless, even in the first case, the Tur 168:23 writes that there is a problem because people will suspect that the first Jew is lending his own money to another Jew with interest.</ref><br />
# The issue of doing something that appears suspicious is avoided when it is well known that the Jew involved is an administrator for the non-Jew’s money and is merely lending the non-Jew’s money and not his own.<ref>Ran b”m 61b s.v. ani cited by Bet Yosef 168:23 writes that if a Jew is appointed a financial administrator over the non-Jew’s money he no longer has to be concerned with marit ayin since people won’t suspect him of lending his own money. Talmidei Harashba similarly holds that if it is the Jew’s profession to deal with the non-Jew’s money then there’s no suspicion. Baal Hatrumot 7:1 in fact only requires that the lender express to the borrower that it isn’t his own money. Rama 168:23 and Shach 168:71 accept the Ran and Talmidei Harashba, not the Baal Hatrumot.</ref><br />
===Non-Jew Hired by Jew to Lend His Money with Interest===<br />
#If a Jew hires a non-Jew to lend out his money with interest to Jews, it is only permitted if the non-Jew is merely an agent and accepts responsibility. Otherwise it is forbidden.<ref>The Tur 168:23 extends the cases of the Tosefta to include cases of where a Jew hires a non-Jew to lend his money out with interest. Again, it all depends on who takes the responsibility for the loan. Shulchan Aruch 168:23 codifies this.</ref><br />
===Jew Hired by Non-Jew to Lend His Money with Interest===<br />
#If a non-Jew hires a Jew to lend out his money with interest to Jews, it is forbidden if the Jewish employee accepts responsibility as a loan. Even if he doesn’t accept responsibility and technically it is a non-Jewish loan, nonetheless, there is a concern for suspicion (marit ayin) that it appears to be interest between two Jews.<Ref>Tur and Shulchan Aruch 168:23</ref><br />
<br />
===Interest Gifted to A Jew or Non-Jew===<br />
# It is forbidden to lend another Jew money in order that he give the interest to a non-Jew.<ref>Shulchan Aruch Y.D. 168:1</ref> <br />
# It is permitted for a Jew to borrow from a non-Jew even if afterwards the non-Jew gives the interest to a Jew.<ref>Shulchan Aruch Y.D. 168:4</ref><br />
<br />
==Disputes about the Arrangement==<br />
#If the borrower claims that his lender charged him interest and he should return it, if the lender responds that it was done in a permissible way he is believed without any oath. Some say that it is necessary to specify how it was done permissibly.<ref>Taz 168:36</ref> <br />
#This is true as long as the lender already collected the interest. However, if he has a collateral of the borrower or a legal document that entitles him to collect, he can collect after making an oath. If he responds that he didn’t take any interest or doesn’t know if he took any interest, he is believed only if he takes an oath to that effect. This is true as long as the lender already collected the interest, has a collateral of the borrower, or have a legal document that entitles him to collect. However, in absence of that and the lender hasn’t yet collected if the borrower claims that he doesn’t owe the money due to interest he is believed and doesn’t have to pay.<Ref>Shulchan Aruch and Rama Y.D. 168:25</ref><br />
#If the borrower claims that his lender charged him interest and he should return it, if the lender responds that it was done in a permissible way he is believed without any oath. Some say that it is necessary to specify how it was done permissibly.<ref>Taz 168:36</ref> This is true as long as the lender already collected the interest. However, if he has a collateral of the borrower or a legal document that entitles him to collect, he can collect after making an oath. If he responds that he didn’t take any interest or doesn’t know if he took any interest, he is believed only if he takes an oath to that effect. This is true as long as the lender already collected the interest, has a collateral of the borrower, or have a legal document that entitles him to collect. However, in absence of that and the lender hasn’t yet collected if the borrower claims that he doesn’t owe the money due to interest he is believed and doesn’t have to pay.<Ref>Shulchan Aruch and Rama Y.D. 168:25</ref><br />
<br />
==Resources==<br />
*[https://docs.google.com/presentation/d/1ap-s04x1RQAvlRiZsg8wiN5zxmRQlCS8Bl5H4oBcpvs/edit?usp=sharing Slides for YD Siman 168-9]<br />
==Sources==<br />
<references/><br />
[[Category:Ribbit]]</div>YitzchakSultanhttps://halachipedia.com/index.php?title=Interest_with_Non-Jews&diff=25516Interest with Non-Jews2020-04-07T20:56:03Z<p>YitzchakSultan: /* Disputes about the Arrangement */</p>
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<div><br />
=Who can you take interest from?=<br />
==Non-Jews==<br />
# It is permitted to lend to and borrow from non-Jews with interest.<ref>The Gemara Bava Metsia 70b states that it is permitted to charge non-Jews ribbit and there is only a rabbinic prohibition to do so. The reason the rabbis forbade it is that they didn’t want people to learn from the non-Jews by interacting with them too much. They only permitted it for a talmid chacham or someone who needs to make money to survive. This is codified by the Rambam and Rif. However, Tosfot 70b s.v. tashich writes that today we lend with interest to non-Jews for three reasons: 1) we follow the opinion that there’s no rabbinic prohibition to lend to non-Jews at all. 2) Due to the high taxes we have to charge non-Jews interest otherwise financially wouldn’t survive and it is considered necessary for our livelihood. 3) Really based on the reason of the prohibition it is prohibited to do any business with non-Jews and if we didn’t do that we wouldn’t survive. Meiri b”m 70b agrees with reason two. Tur YD 159:1 cites the last reason of Tosfot. Shulchan Aruch and Rama Y.D. 159:1 simply writes that nowadays it is permitted to lend non-Jews with interest.</ref><br />
#Nowadays in Israel it is forbidden to lend non-Jews money with interest since it is possible to do business with Jews exclusively. Yet it would be permitted in order to make a livelihood but not to make oneself wealthy.<ref>Netivot Shalom YD 159:1:16 writes that today in Israel since it is possible to do without lending non-Jews with interest it is unclear if it is permitted to do so nowadays. Additionally, Rav Moshe Halevi in Malveh Hashem 5:3 writes that Jews who live in Israel should be strict not to lend non-Jews with interest since it is possible to transact with Jews and be financially stable. He explains that none of the reasons of Tosfot apply today except that perhaps we don't hold that there's any prohibition which is rejected. Similarly, Rav Shlomo Mazuz in Kerem Shlomo 159:8 is strict. Rav Ovadia Yosef in Halichot Olam v. 8 p. 3 writes that we hold that as long as it is difficult to do business only to Jews it is permitted in accordance with Tosfot, however, we do not hold that once the gezerah stopped applying it is nullified completely.</ref> Some poskim are lenient even in Israel.<ref>Chut Shani 2:1 p. 39 writes that even nowadays it is permitted to lend a non-Jew with interest even though in Israel we can support ourselves without business to non-Jews. Since there is some business with non-Jews and non-religious Jews the leniencies are still relevant. Chelkat Binyamin 159:10 (written in America) is lenient in all cases.</ref> <br />
# Even outside Israel one should be strict if one can.<ref>Chachmat Adam 130:6 writes that any honest man who could avoid taking interest from non-Jews should do so.</ref> Some say that for an impersonal bank it is permitted since one hardly interacts with the non-Jews.<ref> Chelkat Binyamin 159:1 s.v. vhaidna writes that one doesn’t have to be strict for the Chachmat Adam if one is lending to a bank and one only has to interact with them minimally.</ref> <br />
#It is permitted to borrow with interest from non-Jews.<ref>Rambam Malveh Vloveh 5:2 explains that they never prohibited it lest one come to learn from their ways since it is normal for a borrower to avoid the lender and not learn from him. Meiri b”m 70b agrees. Chazon Ovadia Shabbat v. 1 p. 7 and Malveh Hashem 5:5 codify this as the halacha.</ref><br />
<br />
==Non-Religious Jew==<br />
# It is permitted to lend to a non-religious Jew with interest if he was brought up religious and later became non-religious.<Ref>Shulchan Aruch 159:2</ref> Initially this should be avoided.<ref>Rama 159:2</ref><br />
# One may not lend a non-religious Jew who is raised as a non-religious Jew with interest.<reF>Shulchan Aruch and Rama 159:3 forbid lending with ribbit to someone who is a tinok shenishba. Gemara Shabbat 68b clarifies that a child who was captive among non-Jews (tinok shenishba) and didn't know about Shabbat is considered as though he sinned unintentionally. Brit Yehuda 30:12 agree. Rambam Mamrim 3:3 writes that the sons of the karaites who were brought up with the mistakes of their parents aren't considered minim but should be returned in teshuva. (Yet, see the manuscript editions which include another few words that alter the meaning of the Rambam.) Pirush Mishnayot Chullin 1:2 writes that someone who reject tenants of our faith are considered minim. However, someone who was born into a family and background with such thoughts aren't culpable and are similar to a tinok shenishba. Binyan Tzion Chadashot 23 posits that many of the non-religious Jews today are considered tinok shenishba since they're following the ways of their fathers. <br />
* Chazon Ish YD 1:6 writes that once we try to teach him about the Orthodox ways and he turns it down he is considered to be a mumar. The amount of effort necessary to spend in trying to teach him is subjective and is left up to the judgement of the rabbis of each generation. Additionally, once he is aware of the Orthodox Jews and practices even without trying to teach him he can be considered a mumar. However, that too depends on how aware he was of the Orthodox Jews and to what degree and with what intensity his parents taught his otherwise. This is the basis for the dispute whether Karaites are mumarim. </ref> This applies to conservative and reform Jews today.<ref>Igrot Moshe 4:91:6, Chelkat Binyamin 159:22</ref><br />
# Some say that it is permitted to lend the Karaites with interest.<ref>Shulchan Aruch 159:3. Bet Yosef 159:3 cites the Pirush Mishnayot Chullin 1:2 where the Rambam says that karaites are like tinok shenishba and it is forbidden to lend them with interest. Bet Yosef points out that the Nemukei Yosef 42b quotes the Ri who says that anyone who once recognized Orthodox Jews isn’t a tinok shenishba disagrees with this Rambam. Shulchan Aruch follows the Rambam. However, the Shach 159:6 cites the Maharshal, Maharnach 113, Rash quoted by Mabit 1:38, Rav Betzalel 3 who are strict. Nekudat Hakesef he writes that the halacha on this matter is unresolved. Chelkat Binyamin 159:21 concludes with the Graz who is strict.</ref><br />
<br />
==Arrangements of Loans Between Several Parties==<br />
===Lending A Non-Jew's Money to A Jew with Interest===<br />
# If a person borrowed money from a non-Jew with interest it is forbidden to then lend that money to another Jew with interest.<ref>Shulchan Aruch Y.D. 168:1</ref><br />
# If a person borrowed money from a non-Jew with interest and then before he returns it another Jew wants that loan and is willing to pay the interest to the non-Jewish lender, one may only give that loan to the second Jew under one of two methods. Both of these methods free the first Jew from any financial relationship with the second Jew:<br />
## The non-Jew tells the first Jew to leave the money in a certain location and he will be exempt<ref>Although Shulchan Aruch 168:3 hold that it is sufficient for the non-Jew to state that you can leave the money in a certain location for the second Jew and it is understood that he is exempt from the loan obligation, Shach 168:7, Taz 168:3, and Gra 168:6 all hold that it is necessary to state so explicitly.</ref> and then the second Jew takes it from there.<ref>Shulchan Aruch Y.D. 168:3</ref> <br />
## The first Jew returns the money to the non-Jew and he then gives it to the second Jew. No words need to be spoken since it is understood that when the non-Jew took the money from the first Jew he was exempting him from his loan.<ref>Shulchan Aruch Y.D. 168:2</ref><br />
## It isn't a solution for the non-Jew to simply tell the first Jew to hand the money over to the second Jew and he'll be exempt since that appears as though the two Jews lent money with interest.<ref>Shulchan Aruch Y.D. 168:1</ref><br />
===Lending with Interest with a Non-Jewish Agent===<br />
# A non-Jew who borrowed from a Jew and is ready to return the money, if he finds another Jew to borrow that money with interest can give it to him with interest. However, if the non-Jew brought the money to the lender Jew he can't lend it to another Jew since that considered a loan between the lender and the other Jew with interest. Obviously this is forbidden if the non-Jew actually gave the money back to the lender that the lender may not lend that money to a Jew with interest. Additionally it is forbidden if the non-Jew put the money on the ground for the other Jew to pick up and the lender stated that the non-Jew would be exempt once he placed the money on the ground. These are all considered Biblical interest.<ref>Gemara Bava Metsia 71b, Shulchan Aruch Y.D. 168:6</ref> However, if the non-Jew simply hands the money to the borrower Jew in the presence of the lender Jew, most rishonim hold that this is rabbinically forbidden since the non-Jew is an agent of the borrower. However, there is a minority opinion in the rishonim who allows this.<ref>Rashi Bava Metsia 71b s.v. v'im explains that the conclusion of the Gemara was that there is a concept of agency for two Jews to create a loan between them with interest. This is rabbinically forbidden. This is the opinion of the Rif, Ramban, Rashba, Ran, and Nemukei Yosef all cited by the Bet Yosef 168:6. The Rambam Malveh Vloveh 5:4 however holds it is Biblically forbidden. On the other hand, Rabbenu Tam held that the gemara backed out of that stringency and so it is permitted. Rosh responsa 108:11 ponders how someone could possibly rule like Rabbenu Tam when it seems that it is forbidden and Rabbenu Tam brought no proofs. Either way, there the Rosh rejects following Rabbenu Tam initially. He is aware of the practice of some people to follow Rabbenu Tam but he argues that it is incorrect and the lender could only accept the interest if he is unaware that the non-Jew is borrowing the money for the other Jew.</ref> The halacha is not to accept this minority opinion.<ref>Shulchan Aruch Y.D. 168:6 completely rejects Rabbenu Tam's opinion. Rama 168:5 and 7 cites Rabbenu Tam however he says that one should only follow that opinion where there is a minhag. Chelkat Binyamin 168:51 writes that we don't follow the Rabbenu Tam since it is a question of Biblical interest.</ref><br />
# It is forbidden for a Jew to arrange with a non-Jew to lend your money to him in order that he lend it to another Jew with interest.<ref>Rashba teshuva 3:243 writes that it is forbidden to lend your money to him in order that he lend it to another Jew with interest since that is a mere legal fiction and is considered taking interest. Also, there is a concept of shelichut for a non-Jew to be considered a shelichut for purposes of being strict. That is, the rabbis view this transaction as though the non-Jew is an agent of the Jews and it is a loan between two Jews. Shulchan Aruch Y.D. 168:5 rule like the Rashba. The Shach 168:10 points out that the Rama would agree as well. Malveh Hashem 1:5:12 agrees. However, the Netivot Shalom 168:5:5 argues at length that the Rama never accepted this approach of the Rashba who expanded the concept of legal fictions for ribbit. The entire concept of Rabbenu Tam who allowed having a non-Jewish agent to arrange the loan with interest or Rashi's opinion who allowed a Jewish agent to arrange the loan with interest, both of which are cited by the Rama indicate that he was not concerned with the expansions of the Rashba. This is further supported by the fact that the Rama 168:5 implies that the reason for Shulchan Aruch is completely other than the reason of making a legal fiction out of taking interest. Netivot Shalom brings sources that show that there's a fundamental dispute of how far reaching is prohibition of using legal loopholes in interest (haramat ribbit) between the Maharam and Rashba. Netivot Shalom 166:6:13 extends this discussion to that of using a heter iska and the Gra's opinion that it violates haramat ribbit.</ref> After the fact it is forbidden to take the interest since the non-Jewish agent is merely a ruse and it was really a loan with interest from a Jew.<ref>Netivot Shalom 168:5:6 explains that the haramat ribbit that the Rashba was discussing was because the real intention of the parties was to create a loan between the two Jews and so it is completely ribbit, which is forbidden even after the fact. However, the Malveh Hashem 1:5:12 writes that this haramat ribit of the Rashba is purely legal fiction that is valid, though it is forbidden to arrange. Therefore, if it was already collected certainly it doesn't need to be returned.</ref><br />
#If the lender didn't know about the fact that the borrower appointed the non-Jew to borrow for him from a Jew with interest he can keep the interest<ref>Shulchan Aruch Y.D. 168:7</ref> and some allow him to even collect the interest once it was arranged.<ref><br />
* Derisha 168:4 explains that it is absolutely forbidden for the lender to make the borrower pay the interest since it is forbidden for the borrower to pay it, however, it already happened then the lender can keep it. <br />
* Shach 168:17 argues that it is permitted for the lender to make the borrower pay the interest since it was done without his knowledge and in such a case it isn't really forbidden for the borrower with respect to the lender. Chelkat Binyamin 168:55 and 57 rules like the Shach and explains that once the lender wasn't aware of the appointment of the non-Jew by the borrower it isn't forbidden for the borrower to pay the interest. The only aspect that was forbidden is the arrangement of the loan. <br />
* Netivot Shalom 168:7:6 writes that the Teshuvat Ri doesn't imply like the Derisha at all. Netivot Shalom 168:7:6 reads the Bet Yosef in accordance with the Derisha. However, the Chelkat Binyamin (168 Tziyunim 136) argues that the Bet Yosef held like the Shach.</ref> Sephardim are more strict and only allow this completely after the fact that the interest was collected.<ref>Horah Brurah 168:31. There he mentions the idea that the Bet Yosef suggests which is if the lender doesn't know from witnesses that the borrower appointed the non-Jew to be his agent and the borrower himself since he didn't appoint the non-Jew then the lender could collect the interest. Horah Brurah concludes that one may only rely upon this after the fact.</ref><br />
# If a Jew told a non-Jew to borrow for him from another non-Jew with interest and he went and borrowed from a Jew with interest the borrower can even pay the interest.<ref>Mordechai b"m 337, Shulchan Aruch Y.D. 168:8. Shach 168:19 and Taz 168:9 argue that just like the lender can collect the interest the borrower can pay it. However, it appears from the Bet Yosef that only the lender can collect it but it is forbidden for the lender to collect it. Horah Brurah 168:34 follows the Shach and Taz that if the non-Jew didn't follow the orders of the borrower it is then permitted for both the lender and borrower to exchange the interest at the end.</ref><br />
===Non-Jew borrowing with Interest from a Jew through a Jewish Agent===<br />
# If a non-Jew asks a Jew to borrow for him from another Jew with interest the Jewish agent may do his job as long as he says clearly that he is borrowing with interest on behalf of a non-Jew or the transaction is happening in the presence of the non-Jew.<ref>Ran b"m 71b s.v. mahu, Nemukei Yosef 42a, Hagaot Ashri 5:42, Rosh responsa 108:5, Raavan 103, and Smak 260 all cited by Bet Yosef 168:13. Baal Hatrumot 46:4:10 citing Ramban b"m 71b s.v. vgoy explains that even though the Jewish agent can't halachically become the agent of the non-Jew since there's no agency for non-Jews, the Jewish agent can be the agent of the lender.</ref> <br />
# The agent can't take upon himself responsibility for the capital or the interest. If he takes upon himself responsibility for either one that is considered as though the agent is a borrower and there is interest when the lender takes interest from the borrower.<ref>Shulchan Aruch 168:13</ref><br />
# The agent can't take upon himself responsibility for the collateral getting lost or stolen, rather the lender needs to take such responsibility. If he takes upon the regular type of responsibility as a [[shomer]] would generally take that is permitted. However, he may not take responsibility for unexpected circumstances.<ref>Shulchan Aruch Y.D. 168:16 based on the Rosh in disagreement with the Ramah who allowed taking even responsibility for unexpected events. </ref> If they didn't specify this responsibility and it was left unclear, after the fact, we can assume that the Jewish lender and the agent would want to arrange it in the permitted fashion.<ref>Shach 168:36 citing Bach, Baal Hatrumot 46:4:10 citing Ramban</ref><br />
# If the non-Jew never comes to pay the loan with the interest the agent may not pay it.<ref>Shulchan Aruch Y.D. 168:14</ref><br />
## Additionally, the lender may not force the agent to buy the collateral for the price of the capital and interest.<ref>Rama 168:14, Shach 168:47, Taz 168:20, Bach 168:15, Chelkat Binyamin 168:148. According to the Taz this is even the opinion of Shulchan Aruch, but according to the Shach and Bach this is only the opinion of the Rama and Shulchan Aruch would disagree.</ref><br />
## However, if the agent wants to buy the collateral for the capital and interest he can do so.<ref>Rama 168:14, Shach 168:47, Taz 168:20, Bach 168:15</ref><br />
# If the non-Jew never comes to pay the loan the lender can sell the collateral and keep the value. The agent can't stop the lender from doing so out of fear of the non-Jew since the lender isn't really incumbent to the agent or the non-Jew.<ref>Shulchan Aruch Y.D. 168:15, Rosh responsa 108:6</ref> Some say that if the agent was originally appointed by the lender to do this loan with the non-Jew, then if the agent is afraid of the ramifications of the lender selling the collateral, then the lender must listen and if he doesn't then he must pay for damages to the agent.<ref>Levush 168:15, Shach 168:50, Chelkat Binyamin 168:156. The explanation of the Levush is that essentially since the agent isn't a borrower he can tell the lender to do or not do something and that poses no issue. The lender should be cautious of the damages that can occur to the agent, however, if the agent arranged with the non-Jew and not the lender, then the lender doesn't have to be concerned. It is the responsibility of the agent. If the agent was originated commissioned by the Jewish lender then it is a concern for the lender that he doesn't cause a damage to the agent. The Taz 168:20 and Bet Meir disagree with the Levush. They hold that the lender doesn't have to listen to the agent in any event. They explain that the source for this halacha is the Rosh and he held that the borrower shouldn't take any responsibility for the collateral and yet he writes that he doesn't need to listen to the agent. Shach in Nekudat Hakesef 168:14 answers that these are two separate statements of the Rosh. The Bet Meir doesn't understand the Shach since the Rosh either way would discuss a permissible case according to his opinion.</ref><br />
<br />
===Lending with Interest from a Non-Jewish with a Jewish Agent using a Security Deposit===<br />
[[Image:Taking Mashkon from Non-Jew.png|300px|right]]<br />
[[Image:Returning Mashkon to Non-Jew.png| 350px| right]]<br />
# Some permit borrowing from a non-Jew with a security deposit so that they can in turn borrow with interest from another Jew with that security deposit. This is permitted since the non-Jew takes responsibility for the original loan and it is treated as two loans and not one. Ashkenazim can rely on this opinion.<ref>Ri cited by Rosh b"m 5:55, Rosh responsa 108:11, Rama 168:8 seems to support this approach. Darkei Moshe 168:4 quotes the Mordechai and Hagahot Ashri who held that it is permitted even initially. Darkei Moshe 168:9 cites the Kol Bo 84 and Hagahot Maimoniyot Malveh 5:3 who says that the minhag was like the Ri</ref> Others hold that generally this is forbidden to arrange but if one explicitly tells the non-Jew that he has responsibility for the loan then it is permitted.<ref>Ramban b"m 71b s.v. vbar cited by Tur 168:9, Rashba 7:321, Nemukei Yosef 42a, Talmidei Harashba, and Baal Hatrumot 46:4:10 s.v. vkatav alav haramban cited by Bet Yosef 168:9</ref><br />
# Even according to the strict opinion, a lender to a non-Jew with interest who collected a deposit from him which came originally from a Jew can collect the interest as long as he isn't certain that it was arranged improperly.<ref>Ri, Rosh, Shulchan Aruch 168:9. Chelkat Binyamin 168:63 explains that essentially there's two schools of thought regarding a loan with a security deposit from one Jew to another Jew with a non-Jew in between. The Gra and Levush understand that this depends on whether one may set up a non-Jew agent between two Jews who are transacting with interest. The Shach, Taz 168:14, and Chavot Daat 168:12, on the other hand, think that the security deposit poses its own problem in that it functionally creates a lien of the Jewish lender upon the original borrower Jew. This could be solved if the non-Jew acquired the deposit from the non-Jew in an absolute fashion.</ref> Some say that he may not collect the interest if he knew that it was a Jewish security deposit such as if it is a Jewish article of clothing.<ref>Tur 189:9, Shulchan Aruch 168:9. Bet Yosef 168:9 s.v. yisrael shnatan notes that the Mordechai 338 held within the opinion of Rabbenu Tam that it doesn't matter whether the deposit was clearly Jewish or not.</ref><br />
# If the original Jew wants to get his security deposit back from the other Jew who lent to the non-Jew and the non-Jew isn't cooperating, the lender Jew doesn't need to work with the borrower Jew since they didn't have any transaction one to another.<ref>Rosh responsa 108:8, Rama 168:9</ref><br />
# If a Jew has a security deposit of a non-Jew in his hands and the non-Jew direct him to use it to borrow from another Jew with interest on his behalf, the first Jew may do so.<ref>Mordechai 337 writes that a Jew can use a non-Jew's security deposit to borrow from a Jew with interest if he is instructed so by the non-Jew. The Mordechai seems to apply this even to the case where the Jew didn't have the non-Jew's deposit but instead wanted to gift him a deposit of his own for its value. The Bet Yosef is troubled by this leniency since there's no mechanism by which the non-Jew is actually acquiring the deposit. Taz 168:14 gives a nuanced explanation that it was sold to the second Jew with a condition that the non-Jew could buy it back. Bach 168:13 and Nekudat Hakesef 168:11 explain that once a owner admits to the fact someone else owns his item it halachically belongs to that person (''kinyan odita'') and that is sufficient to remove the prohibition of ribbit. Either way, the Rama 169:11 concludes that we assume that it is impossible to gift a deposit to a non-Jew without him making a physical [[kinyan]] such as meshicha.</ref><br />
====Non-Jew Borrowed from Jew with Collateral and Jewish Agent====<br />
#A Jewish agent brought a collateral from a non-Jew to another Jew in order to borrow with interest. After the loan is due, the lender Jew can ask the agent to show him which non-Jew he lent to but can not ask the agent to pay for the asked the agent to redeem the non-Jew’s collateral and pay for the loan.<ref>Bet Yosef 168:27 cites the Rashba 3:47 who speaks of a case where a Jew brought a collateral from a non-Jew to another Jew in order to borrow with interest, then the lender Jew asked the agent to redeem the non-Jew’s collateral and pay for the loan. The Rashba rules that it is forbidden for the agent Jew to pay the loan and interest since he is merely an agent. He must though indicate to the lender Jew who is the non-Jew who borrowed the money. Shulchan Aruch YD 168:27 codifies the Rashba. Shach 168:83 explains that the agent has no responsibility to sell or buy the collateral from the lender.</ref><br />
<br />
====Non-Jew Selling Jewish Debt====<br />
#If a Jew owed a non-Jew capital and interest, that non-Jew can sell that debt to another Jew. If the non-Jew collects the interest it is permitted for the Jew to accept it, yet if he doesn't then the second Jew shouldn't collect the interest from the first Jew.<ref>Rashba responsa 1:764 cited by Darkei Moshe 168:6, Bedek Habayit 168:27, and Knesset Hagedola (Bet Yosef 168:44).</ref><br />
<br />
====Jew Selling Non-Jewish Debt====<br />
# If a Jew lent a non-Jew with interest upon a security deposit of the non-Jew. Then the non-Jew sold the security deposit to another Jew and he was told to pay the debt to the first Jew and collect the security deposit. This transaction is totally permitted since the loan was made between the Jew and non-Jew and then there was a sale of the non-Jewish debt to a Jew.<ref>Rosh responsa 108:25, Shulchan Aruch 168:12</ref><br />
#However, if the Jew who bought the debt then didn't pay off the debt immediately in order to redeem the deposit and only paid it after some time, thereby accruing a further interest charge upon the non-Jewish lender, the non-Jew may pay that interest charge to the Jewish lender even if the non-Jew in turn forces the Jewish buyer to pay him for that interest charge. But the Jewish buyer may not pay the interest to the Jewish lender because that would paying interest.<ref>Rosh responsa 108:25, Shulchan Aruch 168:12</ref><br />
====When the Deposit was Taken Forcibly====<br />
# If a non-Jew took a security deposit from a Jew forcibly and then used it to borrow with interest from another Jew, that second jew may collect interest from the non-Jew but may not collect interest from the first Jew.<ref>Smak 260, Kol Bo 84, Mordechai 338 citing Riva, Baal Hatrumot 46:4:10 all quoted by the Bet Yosef 168:10</ref> Some disagree and allow collecting the interest.<ref>Rosh cited by Tur 168:10</ref> <br />
# However, under the following two circumstances one may collect the interest according to everyone: <br />
##If the force and responsibility of the loan rests upon the non-Jew besides for the security deposit then it is permitted to collect the interest from the first Jew.<ref>Bet Yosef 168:10 based on the Baal Hatrumot</ref><br />
##Additionally, if the first Jew didn't know that his security deposit was going to be used to borrow from a Jew with interest it isn't any question of interest for him to pay the second Jew the interest to redeem his item.<ref>Maharik 16 cited by Bet Yosef 168:10</ref><br />
====When the Deposit was Given to the Non-Jew Properly====<br />
# If a Jew borrowed from a non-Jew with interest and gave him a security deposit. If the non-Jew takes that deposit and uses it to borrow from another Jew with interest some say that one may not take interest from that transaction, while others say that one can. Generally we are lenient except in the following two circumstances:<ref>Shulchan Aruch 168:10, 20</ref> <br />
##If the non-Jew forcibly took the deposit from the first Jew then we assume that the deposit wasn't really acquired by the non-Jew and so when it is used to borrow against another Jew it is like there's a deal between the two Jews.<ref>Bet Yosef 168:10 in his second answer, Shach 168:26, 67, Taz 168:11. Gra 168:23 disagrees.</ref><br />
##Additionally, if the non-Jew immediately took that deposit from the first Jew and used it to borrow from the second Jew then it appears that he did so only to create a loan between two Jews. However, if he held onto it for some time for himself then it isn't an issue.<ref>Bet Yosef 168:10 in his first answer, Shach 168:67</ref><br />
<br />
====Lending with Interest from a Non-Jewish with a Jewish Agent using a Jewish Security Deposit====<br />
#If a Jew lent from another Jew and got a collateral for that loan, and specified that if the Jew didn’t pay up on time he would either sell the collateral or borrow against it with interest. If he then borrowed against it with interest from a non-Jew, he isn’t responsible to pay the interest for the loan since that was the stipulation. Instead the Jewish borrower needs to pay the interest in order to redeem his collateral.<ref>Rashba responsa cited by Bet Yosef 168:26 explains that once they stipulated that the lender Jew can borrow with interest against the collateral we understand that to mean that the ledner Jew isn’t borrowing from the non-Jew for himself, rather he is doing so as an agent of the other Jew. Therefore, the borrower Jew can repay the interest to the non-Jew and it isn’t interest to the lender Jew since he is neither a lender or a guarantor of the loan, he is simply the agent. Shaar Mishpat 168:13 cites this Rashba but also cites the Maharit YD 46 based on the Maharam who argues that it is an asmachta and isn't binding. Therefore, the lender couldn't lend to the non-Jew with interest on that collateral. Shulchan Gavoha 168:50 cites this Rashba and fundamentally puts it in the same camp as the Rosh which is codfied by Shulchan Aruch 168:26. Kovetz Halichot Horah Ribbit v. 5 p. 316-7 explains that it is necessary for the Rashba and Ramban 71a that the lender Jew be the agent of the original borrower as well as the fact that the non-Jew is collecting from the collateral. The reason is that if it was simply that the non-Jew would collect from the collateral but the Jewish lender was never appointed as an agent then he is in essence borrowing for himself with interest and having another Jew repay his interest using his collateral.</ref><br />
#If a Jew lent from another Jew and got a collateral for that loan, he can then use that collateral to borrow with interest from a non-Jew. He should specify to the non-Jew that he is borrowing on behalf of another Jew and he has no responsibility. Alternatively, if the collateral is worth the entire value of the loan he can use it to borrow from the non-Jew with interest. Then the original borrower Jew can pay the non-Jew the interest and redeem his collateral. The Jewish lender was simply the agent of the first Jew to borrow with interest from a non-Jew.<ref>Tashbetz Katan 486 writes that if the Jewish lender specifies to the non-Jew that he is borrowing on behalf of another Jew it is permitted, otherwise it is like he is borrowing for himself and having the original borrower Jew pay the interest is forbidden. Yet, the Bet Yosef 168:26 points out that the Rosh implies that it is permitted for the original borrower to pay the interest even if the lender Jew didn’t make that stipulation. Shulchan Aruch 168:26 simply quotes the case without specifically mentioning that stipulation. Shach 168:82 explains that the Tashbetz Katan and Rosh agree. Either a stipulation is necessary or having a collateral that is worth the entire value of the loan and interest. Otherwise it is forbidden. Chelkat Binyamin 168:291 agrees. Mayin Ganim Abadi YD 9 shows at length that the Bet Yosef thought that there is a dispute between the Tashbetz Katan and Rosh. The Rosh thinks that even without specifying it is assumed that the non-Jew depends on the collateral and there’s no responsibility upon the Jew. However, the Tashbetz Katan thinks that only if the Jew specifies that is it so, otherwise we assume that the non-Jew will hold responsible the Jew who is borrowing from him as well as from the collateral, in which case it would be forbidden for the original borrower to pay the interest. Erech Lechem 168:17 implies this as well. He explains that the Ran cited in Shulchan Aruch 168:17 implies like the Tashbetz Katan, yet, Shulchan Aruch ultimately sided with the Rosh and Rashba unlike the Tashbetz Katan and Ran.</ref><br />
#If a Jew wants to borrow from a non-Jew with interest and he asks another Jew to be his agent, he can do so. If he gives him a collateral then it isn’t necessary for the agent to specify that he is borrowing on behalf of someone else since the non-Jew is ready to collect from the collateral.<ref>Rosh b”m 5:56, Tur and Shulchan Aruch 168:17. Bet Yosef 168:17 based on the Nemukei Yosef 44a clarifies that it is insufficient to say that the collateral serves as the place where the non-Jew can collect, rather he needs even to specify that he bares no responsibility. Shach 168:52 cites this opinion. Shulchan Aruch 170:1 follows that opinion.</ref> Some say that as long as the collateral is actually worth the value of the loan and interest, then it is automatic that the non-Jew is ready to collect from the collateral and his lein applies to that and not to the Jew.<Ref>Shach 168:51</ref><br />
#If a Jew wants to borrow from a non-Jew with interest and he asks another Jew to be his agent, he can do so. Yet, it is important that the agent specify with the non-Jew that he is indeed borrowing on behalf of another Jew and he bares no responsibility.<ref>Tur and Shulchan Aruch 168:17</ref><br />
#It is an issue if the Jewish agent has any responsibility for the loan even to serve as a guarantor that can be collected from first (Arev Kablan), rather the non-Jew needs to completely be able to collect from the collateral.<Ref>Bet Yosef 168:17 cites the Ran (Nemukei Yosef 42a) who holds that it is forbidden to be an Arev Kablan for another Jew.</ref><br />
<br />
====Borrowing on Behalf of a Community====<br />
#If a few Jewish administrators of a community or communal institution want to borrow with interest from a non-Jew on behalf of the community and then they lent it to the community with interest that is forbidden since ultimately the non-Jew will old the Jewish administrators responsible.<ref>Rashba responsa 5:259 writes that he heard that in many communities they will have the administrators of a community borrow with interest from a non-Jew on behalf of the community and then he lends it out with interest to the rest of the congregation. Rashba writes vehemently that there is nothing to rely upon. Rama 168:17 ambiguously quotes this practice without endorsing it or dismissing it.</ref><br />
#If an administrator for a community borrows from a non-Jew in order to pay for a communal construction project, according to some, he may be paid back by the community including the interest.<ref>Pitchei Teshuva 168:4 cites Chatom Sofer YD 135 who writes that once an administrator of the community borrowed from a non-Jew with interest for building a communal building for guests. Then he charged the community to each pay their share of the cost. He cites the Ranach 58 who permitted a contractor who borrowed with interest from non-Jews to be repaid by the community since they are essentially paying for the building and not interest for a loan.</ref><br />
<br />
===Selling a Non-Jew's Debt to Another Jew===<br />
# If one Jew lent money to a non-Jew with interest he can then sell that loan to another Jew and he should stipulate that this is a complete sale of the loan and they will no longer have any claims upon each other. Thereby the buyer becomes the new lender to the non-Jew and can collect interest.<ref>Shulchan Aruch 168:18. When there is no security deposit, the Shach 168:62 explains that the mechanism isn't exactly a sale since one can't really sell the debt to another Jew. Rather one is forgiving the non-Jew from paying him back. Then the non-Jew can pay the second Jew as he is "considered" according to their intention to be the new lender. In Shach 168:63 he clarifies that he doesn't need to inform the non-Jew of that which he forgave. Netivot Shalom 168:18:9 explains that even though the non-Jew will be paying the second Jew in error he can collect it. Shach 168:63 is in disagreement with the Bach who thinks that it is necessary to alert the non-Jew.</ref> When there is a security deposit from the non-Jew that would have to be transferred to the second Jew with the same stipulation that it is a complete sale and they have no claims upon each other.<ref>Shulchan Aruch Y.D. 168:18</ref> According to Ashkenazim it isn't necessary to make such a clear stipulation since it is assumed that this is the stipulation.<ref>Rama 168:18 following the Mordechai and Rosh teshuva</ref><br />
# A Jew who lent to a non-Jew with interest can sell the non-Jew's loan from a certain date going forward. The first Jew would collect the interest until that date and the second from that date and on.<ref>Tur 168:18</ref><br />
# A Jew who lent a non-Jew for a certain percent he can sell that loan at a lower percent. For example, if the first Jew lent a non-Jew $100 for 10% a year and then resold that debt to another Jew for 5% a year.<ref>Levush, Shach, Chachmat Adam against Taz</ref><br />
# A Jew who lent a non-Jew money for interest can then resell it to a Jew but he may not sell a portion of that loan to a Jew.<Ref>Shach (Nekudat Hakesef on Taz 168:28) and Levush</ref><br />
# A Jew who lent a non-Jew money for interest can't stipulate the buyer resell it to him.<ref>Although the Rama 168:18 is lenient, both the Shach 168:57 and Taz 168:27 disagree.</ref><br />
# A Jew who lent a non-Jew money for interest can sell that debt to a Jew but can't stipulate that he'll sell that debt if the Jew also gives him an additional interest free loan.<ref>The Taz 168:24 in disagreeing with the Levush forbids this. Shach in Nekudat Hakesef and Chachmat Adam cited by Chelkat Binyamin 168:151 are lenient. Netivot Shalom 168:18:14:1 questions the Shach from Shulchan Aruch 166:3 and answers it. Chavot Daat 168:34 forbids because of Shulchan Aruch 160:23 and 172:4. Chelkat Binyamin thinks that even the Shach accepts part of the argument of the Chavot Daat and would forbid anytime that sale of the debt is at a lower price because of the fact that he is also receiving an interest free loan.</ref><br />
# The Jew can resell the non-Jew's debt for a lower interest rate than the non-Jew is giving him.<ref>Rama 168:18</ref><br />
# It is permitted for the buyer of the debt to leave the non-Jew's security deposit in the hands of the original Jewish lender. The responsibility of the security deposit is now upon the second Jew but if they stipulated that the first Jew would have responsibility then he does.<ref>Rama 168:18. Shach 168:58 notes that in such a case it is necessary to do a formal sale of the loan in order for him to leave the security deposit with the first Jew.</ref><br />
#It is forbidden to say that one wants to borrow from another Jew with interest on or in exchange for a non-Jew’s collateral which was given to the first Jew because of a interest loan.<Ref>Rosh responsa 108:28 writes that if a Jew who lent to a non-Jew with interest asks another Jew to lend him money with interest on the collateral he received from the non-Jew that is considered taking interest. What exactly is the issue with this formulation? The Shach contends that as long as one says that one wants to borrow from another Jew with interest on a non-Jewish collateral we can’t reinterepert his words and since he said he wanted to borrow with interest that is how we view his transaction. However, if he wouldn’t explain the transaction at all, we would explain him to mean that he intended to buy it since we’d prefer to say he did something permitted. Chelkat Binyamin 168:236 sides with the Shach. He explains that there’s a fundamental difference between a sale and a loan. A sale is where the first Jew is completely removed from any dealings with the non-Jew and if he collects anything from the non-Jew he must give it to the second Jew. A loan is where the first Jew must pay the second Jew whether or not the non-Jew will pay. The Bach 168:26 disagrees and explains that there is a minhag to be lenient even if one says that one intends to borrow because we reinterpret it to mean to buy. Taz seems to agree. The Bet Yosef and Taz imply that the reason for the Rosh isn’t because of his incriminating words but rather because of his motivation. If the Jewish lender would have borrowed on that collateral for the benefit of the non-Jew it wouldn’t be considered a Jewish loan. However, as long as the motivation is for the needs of the Jew we understand that transaction between the two Jews to be a loan and not a sale.</ref><br />
# If a Jew borrowed from a non-Jew with a collateral and then the non-Jew for his own purposes borrowed from another Jew with the same collateral it is permitted for the second Jew to collect interest from the non-Jew, even if the non-Jew will in turn force the first Jew to pay interest.<ref>Tur 168:20 quotes the Baal Haitur that if a Jew borrowed from a non-Jew with a collateral and now the non-Jew is borrowing from another Jew with the same collateral the second Jew may not accept the interest from the non-Jew since it is as though it is coming from the Jew. However, the Rosh Pesachim 2:10 and Rashba 3:229 disagree. Once the Jew borrows from the non-Jew it is completely permitted and if the non-Jew then borrows from another Jew that is disconnected. The Bet Yosef 168:20 cites the Ran b”m 71b s.v. veharamban and Baal Hatrumot 46:4:10 who side with the Baal Haitur. Yet, the Baal Hatrumot adds that if the non-Jew accepts responsibility for the loan he’s taking from the second Jew it is permitted. Shulchan Aruch 168:20 cites the Rosh and Rashba as the main opinion and the Baal Haitur as some say.</ref><br />
<br />
===Jewish Money Deposited with Non-Jew Used for Jewish Loan===<br />
#If a Jew deposits money with a non-Jew it is permitted for another Jew to borrow from that non-Jew with interest as long as the non-Jew took responsibility to the first Jew like a borrower.<ref>The Tosefta b”m 5:8 states that if a Jew deposited money with a non-Jew if the non-Jew took responsibility for it then he can lend it to another Jew with interest. Although the Baal Hatrumot 1:46:2:6 quotes someone who held we don’t follow the Tosefta, in 7:1 he writes that we do follow the Tosefta. Also, the Rosh b”m 5:56 and Tur and Shulchan Aruch Y.D. 168:21 codify it. Bet Yosef 168:21 isn’t certain what is the definition of the amount of responsibility that the non-Jew must accept in order to permit this. Does it mean that the non-Jew has responsibility like a watchman or does he need to take responsibility like a borrower who even if it is lost is obligated? He quotes the Baal Hatrumot assumed it was the latter. Shach 168:68 and Taz 168:31 agree.</ref><br />
===Non-Jewish Money Deposited with Non-Jew Used for Jewish Loan===<br />
#Money deposited by a non-Jew with a Jew, if the Jew accepts responsibility for them as a lona, he may not then lend them with interest. However, if he didn’t accept responsibility if he lent them to another Jew he didn’t take interest. Nonetheless, it is generally forbidden to do so since it is suspicious (marit ayin) and appears like taking interest from another Jew.<ref>The Tosefta b”m 5:8 states that if a non-Jew deposited money with a Jew he can lend it to another Jew with interest if the first Jew doesn’t have responsibility for the loan. The Bet Yosef 168:22 quotes the Baal Hatrumot 7:1 who explains that if the Jew has responsibility for the loan if it isn’t paid up that is a problem, however, if he merely accepts responsibility to pay while it is in his domain that is permissible since if something happens he can pay and there was no loan at all. Shach 168:69 and Taz 168:33 agree. Nonetheless, even in the first case, the Tur 168:23 writes that there is a problem because people will suspect that the first Jew is lending his own money to another Jew with interest.</ref><br />
# The issue of doing something that appears suspicious is avoided when it is well known that the Jew involved is an administrator for the non-Jew’s money and is merely lending the non-Jew’s money and not his own.<ref>Ran b”m 61b s.v. ani cited by Bet Yosef 168:23 writes that if a Jew is appointed a financial administrator over the non-Jew’s money he no longer has to be concerned with marit ayin since people won’t suspect him of lending his own money. Talmidei Harashba similarly holds that if it is the Jew’s profession to deal with the non-Jew’s money then there’s no suspicion. Baal Hatrumot 7:1 in fact only requires that the lender express to the borrower that it isn’t his own money. Rama 168:23 and Shach 168:71 accept the Ran and Talmidei Harashba, not the Baal Hatrumot.</ref><br />
===Non-Jew Hired by Jew to Lend His Money with Interest===<br />
#If a Jew hires a non-Jew to lend out his money with interest to Jews, it is only permitted if the non-Jew is merely an agent and accepts responsibility. Otherwise it is forbidden.<ref>The Tur 168:23 extends the cases of the Tosefta to include cases of where a Jew hires a non-Jew to lend his money out with interest. Again, it all depends on who takes the responsibility for the loan. Shulchan Aruch 168:23 codifies this.</ref><br />
===Jew Hired by Non-Jew to Lend His Money with Interest===<br />
#If a non-Jew hires a Jew to lend out his money with interest to Jews, it is forbidden if the Jewish employee accepts responsibility as a loan. Even if he doesn’t accept responsibility and technically it is a non-Jewish loan, nonetheless, there is a concern for suspicion (marit ayin) that it appears to be interest between two Jews.<Ref>Tur and Shulchan Aruch 168:23</ref><br />
<br />
===Interest Gifted to A Jew or Non-Jew===<br />
# It is forbidden to lend another Jew money in order that he give the interest to a non-Jew.<ref>Shulchan Aruch Y.D. 168:1</ref> <br />
# It is permitted for a Jew to borrow from a non-Jew even if afterwards the non-Jew gives the interest to a Jew.<ref>Shulchan Aruch Y.D. 168:4</ref><br />
<br />
==Disputes about the Arrangement==<br />
#If the borrower claims that his lender charged him interest and he should return it, if the lender responds that it was done in a permissible way he is believed without any oath. Some say that it is necessary to specify how it was done permissibly.<ref>Taz 168:36</ref> <br />
#This is true as long as the lender already collected the interest. However, if he has a collateral of the borrower or a legal document that entitles him to collect, he can collect after making an oath. If he responds that he didn’t take any interest or doesn’t know if he took any interest, he is believed only if he takes an oath to that effect. This is true as long as the lender already collected the interest, has a collateral of the borrower, or have a legal document that entitles him to collect. However, in absence of that and the lender hasn’t yet collected if the borrower claims that he doesn’t owe the money due to interest he is believed and doesn’t have to pay.<Ref>Shulchan Aruch and Rama Y.D. 168:25</ref><br />
#If the borrower claims that his lender charged him interest and he should return it, if the lender responds that it was done in a permissible way he is believed without any oath. Some say that it is necessary to specify how it was done permissibly.<ref>Taz 168:36</ref> This is true as long as the lender already collected the interest. However, if he has a collateral of the borrower or a legal document that entitles him to collect, he can collect after making an oath. If he responds that he didn’t take any interest or doesn’t know if he took any interest, he is believed only if he takes an oath to that effect. This is true as long as the lender already collected the interest, has a collateral of the borrower, or have a legal document that entitles him to collect. However, in absence of that and the lender hasn’t yet collected if the borrower claims that he doesn’t owe the money due to interest he is believed and doesn’t have to pay.<Ref>Shulchan Aruch and Rama Y.D. 168:25</ref><br />
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==Resources==<br />
*[https://docs.google.com/presentation/d/1ap-s04x1RQAvlRiZsg8wiN5zxmRQlCS8Bl5H4oBcpvs/edit?usp=sharing Slides for YD Siman 168-9]<br />
==Sources==<br />
<references/><br />
[[Category:Ribbit]]</div>YitzchakSultanhttps://halachipedia.com/index.php?title=Interest_with_Non-Jews&diff=25515Interest with Non-Jews2020-04-07T20:55:28Z<p>YitzchakSultan: /* Interest Gifted to A Jew or Non-Jew */</p>
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<div><br />
=Who can you take interest from?=<br />
==Non-Jews==<br />
# It is permitted to lend to and borrow from non-Jews with interest.<ref>The Gemara Bava Metsia 70b states that it is permitted to charge non-Jews ribbit and there is only a rabbinic prohibition to do so. The reason the rabbis forbade it is that they didn’t want people to learn from the non-Jews by interacting with them too much. They only permitted it for a talmid chacham or someone who needs to make money to survive. This is codified by the Rambam and Rif. However, Tosfot 70b s.v. tashich writes that today we lend with interest to non-Jews for three reasons: 1) we follow the opinion that there’s no rabbinic prohibition to lend to non-Jews at all. 2) Due to the high taxes we have to charge non-Jews interest otherwise financially wouldn’t survive and it is considered necessary for our livelihood. 3) Really based on the reason of the prohibition it is prohibited to do any business with non-Jews and if we didn’t do that we wouldn’t survive. Meiri b”m 70b agrees with reason two. Tur YD 159:1 cites the last reason of Tosfot. Shulchan Aruch and Rama Y.D. 159:1 simply writes that nowadays it is permitted to lend non-Jews with interest.</ref><br />
#Nowadays in Israel it is forbidden to lend non-Jews money with interest since it is possible to do business with Jews exclusively. Yet it would be permitted in order to make a livelihood but not to make oneself wealthy.<ref>Netivot Shalom YD 159:1:16 writes that today in Israel since it is possible to do without lending non-Jews with interest it is unclear if it is permitted to do so nowadays. Additionally, Rav Moshe Halevi in Malveh Hashem 5:3 writes that Jews who live in Israel should be strict not to lend non-Jews with interest since it is possible to transact with Jews and be financially stable. He explains that none of the reasons of Tosfot apply today except that perhaps we don't hold that there's any prohibition which is rejected. Similarly, Rav Shlomo Mazuz in Kerem Shlomo 159:8 is strict. Rav Ovadia Yosef in Halichot Olam v. 8 p. 3 writes that we hold that as long as it is difficult to do business only to Jews it is permitted in accordance with Tosfot, however, we do not hold that once the gezerah stopped applying it is nullified completely.</ref> Some poskim are lenient even in Israel.<ref>Chut Shani 2:1 p. 39 writes that even nowadays it is permitted to lend a non-Jew with interest even though in Israel we can support ourselves without business to non-Jews. Since there is some business with non-Jews and non-religious Jews the leniencies are still relevant. Chelkat Binyamin 159:10 (written in America) is lenient in all cases.</ref> <br />
# Even outside Israel one should be strict if one can.<ref>Chachmat Adam 130:6 writes that any honest man who could avoid taking interest from non-Jews should do so.</ref> Some say that for an impersonal bank it is permitted since one hardly interacts with the non-Jews.<ref> Chelkat Binyamin 159:1 s.v. vhaidna writes that one doesn’t have to be strict for the Chachmat Adam if one is lending to a bank and one only has to interact with them minimally.</ref> <br />
#It is permitted to borrow with interest from non-Jews.<ref>Rambam Malveh Vloveh 5:2 explains that they never prohibited it lest one come to learn from their ways since it is normal for a borrower to avoid the lender and not learn from him. Meiri b”m 70b agrees. Chazon Ovadia Shabbat v. 1 p. 7 and Malveh Hashem 5:5 codify this as the halacha.</ref><br />
<br />
==Non-Religious Jew==<br />
# It is permitted to lend to a non-religious Jew with interest if he was brought up religious and later became non-religious.<Ref>Shulchan Aruch 159:2</ref> Initially this should be avoided.<ref>Rama 159:2</ref><br />
# One may not lend a non-religious Jew who is raised as a non-religious Jew with interest.<reF>Shulchan Aruch and Rama 159:3 forbid lending with ribbit to someone who is a tinok shenishba. Gemara Shabbat 68b clarifies that a child who was captive among non-Jews (tinok shenishba) and didn't know about Shabbat is considered as though he sinned unintentionally. Brit Yehuda 30:12 agree. Rambam Mamrim 3:3 writes that the sons of the karaites who were brought up with the mistakes of their parents aren't considered minim but should be returned in teshuva. (Yet, see the manuscript editions which include another few words that alter the meaning of the Rambam.) Pirush Mishnayot Chullin 1:2 writes that someone who reject tenants of our faith are considered minim. However, someone who was born into a family and background with such thoughts aren't culpable and are similar to a tinok shenishba. Binyan Tzion Chadashot 23 posits that many of the non-religious Jews today are considered tinok shenishba since they're following the ways of their fathers. <br />
* Chazon Ish YD 1:6 writes that once we try to teach him about the Orthodox ways and he turns it down he is considered to be a mumar. The amount of effort necessary to spend in trying to teach him is subjective and is left up to the judgement of the rabbis of each generation. Additionally, once he is aware of the Orthodox Jews and practices even without trying to teach him he can be considered a mumar. However, that too depends on how aware he was of the Orthodox Jews and to what degree and with what intensity his parents taught his otherwise. This is the basis for the dispute whether Karaites are mumarim. </ref> This applies to conservative and reform Jews today.<ref>Igrot Moshe 4:91:6, Chelkat Binyamin 159:22</ref><br />
# Some say that it is permitted to lend the Karaites with interest.<ref>Shulchan Aruch 159:3. Bet Yosef 159:3 cites the Pirush Mishnayot Chullin 1:2 where the Rambam says that karaites are like tinok shenishba and it is forbidden to lend them with interest. Bet Yosef points out that the Nemukei Yosef 42b quotes the Ri who says that anyone who once recognized Orthodox Jews isn’t a tinok shenishba disagrees with this Rambam. Shulchan Aruch follows the Rambam. However, the Shach 159:6 cites the Maharshal, Maharnach 113, Rash quoted by Mabit 1:38, Rav Betzalel 3 who are strict. Nekudat Hakesef he writes that the halacha on this matter is unresolved. Chelkat Binyamin 159:21 concludes with the Graz who is strict.</ref><br />
<br />
==Arrangements of Loans Between Several Parties==<br />
===Lending A Non-Jew's Money to A Jew with Interest===<br />
# If a person borrowed money from a non-Jew with interest it is forbidden to then lend that money to another Jew with interest.<ref>Shulchan Aruch Y.D. 168:1</ref><br />
# If a person borrowed money from a non-Jew with interest and then before he returns it another Jew wants that loan and is willing to pay the interest to the non-Jewish lender, one may only give that loan to the second Jew under one of two methods. Both of these methods free the first Jew from any financial relationship with the second Jew:<br />
## The non-Jew tells the first Jew to leave the money in a certain location and he will be exempt<ref>Although Shulchan Aruch 168:3 hold that it is sufficient for the non-Jew to state that you can leave the money in a certain location for the second Jew and it is understood that he is exempt from the loan obligation, Shach 168:7, Taz 168:3, and Gra 168:6 all hold that it is necessary to state so explicitly.</ref> and then the second Jew takes it from there.<ref>Shulchan Aruch Y.D. 168:3</ref> <br />
## The first Jew returns the money to the non-Jew and he then gives it to the second Jew. No words need to be spoken since it is understood that when the non-Jew took the money from the first Jew he was exempting him from his loan.<ref>Shulchan Aruch Y.D. 168:2</ref><br />
## It isn't a solution for the non-Jew to simply tell the first Jew to hand the money over to the second Jew and he'll be exempt since that appears as though the two Jews lent money with interest.<ref>Shulchan Aruch Y.D. 168:1</ref><br />
===Lending with Interest with a Non-Jewish Agent===<br />
# A non-Jew who borrowed from a Jew and is ready to return the money, if he finds another Jew to borrow that money with interest can give it to him with interest. However, if the non-Jew brought the money to the lender Jew he can't lend it to another Jew since that considered a loan between the lender and the other Jew with interest. Obviously this is forbidden if the non-Jew actually gave the money back to the lender that the lender may not lend that money to a Jew with interest. Additionally it is forbidden if the non-Jew put the money on the ground for the other Jew to pick up and the lender stated that the non-Jew would be exempt once he placed the money on the ground. These are all considered Biblical interest.<ref>Gemara Bava Metsia 71b, Shulchan Aruch Y.D. 168:6</ref> However, if the non-Jew simply hands the money to the borrower Jew in the presence of the lender Jew, most rishonim hold that this is rabbinically forbidden since the non-Jew is an agent of the borrower. However, there is a minority opinion in the rishonim who allows this.<ref>Rashi Bava Metsia 71b s.v. v'im explains that the conclusion of the Gemara was that there is a concept of agency for two Jews to create a loan between them with interest. This is rabbinically forbidden. This is the opinion of the Rif, Ramban, Rashba, Ran, and Nemukei Yosef all cited by the Bet Yosef 168:6. The Rambam Malveh Vloveh 5:4 however holds it is Biblically forbidden. On the other hand, Rabbenu Tam held that the gemara backed out of that stringency and so it is permitted. Rosh responsa 108:11 ponders how someone could possibly rule like Rabbenu Tam when it seems that it is forbidden and Rabbenu Tam brought no proofs. Either way, there the Rosh rejects following Rabbenu Tam initially. He is aware of the practice of some people to follow Rabbenu Tam but he argues that it is incorrect and the lender could only accept the interest if he is unaware that the non-Jew is borrowing the money for the other Jew.</ref> The halacha is not to accept this minority opinion.<ref>Shulchan Aruch Y.D. 168:6 completely rejects Rabbenu Tam's opinion. Rama 168:5 and 7 cites Rabbenu Tam however he says that one should only follow that opinion where there is a minhag. Chelkat Binyamin 168:51 writes that we don't follow the Rabbenu Tam since it is a question of Biblical interest.</ref><br />
# It is forbidden for a Jew to arrange with a non-Jew to lend your money to him in order that he lend it to another Jew with interest.<ref>Rashba teshuva 3:243 writes that it is forbidden to lend your money to him in order that he lend it to another Jew with interest since that is a mere legal fiction and is considered taking interest. Also, there is a concept of shelichut for a non-Jew to be considered a shelichut for purposes of being strict. That is, the rabbis view this transaction as though the non-Jew is an agent of the Jews and it is a loan between two Jews. Shulchan Aruch Y.D. 168:5 rule like the Rashba. The Shach 168:10 points out that the Rama would agree as well. Malveh Hashem 1:5:12 agrees. However, the Netivot Shalom 168:5:5 argues at length that the Rama never accepted this approach of the Rashba who expanded the concept of legal fictions for ribbit. The entire concept of Rabbenu Tam who allowed having a non-Jewish agent to arrange the loan with interest or Rashi's opinion who allowed a Jewish agent to arrange the loan with interest, both of which are cited by the Rama indicate that he was not concerned with the expansions of the Rashba. This is further supported by the fact that the Rama 168:5 implies that the reason for Shulchan Aruch is completely other than the reason of making a legal fiction out of taking interest. Netivot Shalom brings sources that show that there's a fundamental dispute of how far reaching is prohibition of using legal loopholes in interest (haramat ribbit) between the Maharam and Rashba. Netivot Shalom 166:6:13 extends this discussion to that of using a heter iska and the Gra's opinion that it violates haramat ribbit.</ref> After the fact it is forbidden to take the interest since the non-Jewish agent is merely a ruse and it was really a loan with interest from a Jew.<ref>Netivot Shalom 168:5:6 explains that the haramat ribbit that the Rashba was discussing was because the real intention of the parties was to create a loan between the two Jews and so it is completely ribbit, which is forbidden even after the fact. However, the Malveh Hashem 1:5:12 writes that this haramat ribit of the Rashba is purely legal fiction that is valid, though it is forbidden to arrange. Therefore, if it was already collected certainly it doesn't need to be returned.</ref><br />
#If the lender didn't know about the fact that the borrower appointed the non-Jew to borrow for him from a Jew with interest he can keep the interest<ref>Shulchan Aruch Y.D. 168:7</ref> and some allow him to even collect the interest once it was arranged.<ref><br />
* Derisha 168:4 explains that it is absolutely forbidden for the lender to make the borrower pay the interest since it is forbidden for the borrower to pay it, however, it already happened then the lender can keep it. <br />
* Shach 168:17 argues that it is permitted for the lender to make the borrower pay the interest since it was done without his knowledge and in such a case it isn't really forbidden for the borrower with respect to the lender. Chelkat Binyamin 168:55 and 57 rules like the Shach and explains that once the lender wasn't aware of the appointment of the non-Jew by the borrower it isn't forbidden for the borrower to pay the interest. The only aspect that was forbidden is the arrangement of the loan. <br />
* Netivot Shalom 168:7:6 writes that the Teshuvat Ri doesn't imply like the Derisha at all. Netivot Shalom 168:7:6 reads the Bet Yosef in accordance with the Derisha. However, the Chelkat Binyamin (168 Tziyunim 136) argues that the Bet Yosef held like the Shach.</ref> Sephardim are more strict and only allow this completely after the fact that the interest was collected.<ref>Horah Brurah 168:31. There he mentions the idea that the Bet Yosef suggests which is if the lender doesn't know from witnesses that the borrower appointed the non-Jew to be his agent and the borrower himself since he didn't appoint the non-Jew then the lender could collect the interest. Horah Brurah concludes that one may only rely upon this after the fact.</ref><br />
# If a Jew told a non-Jew to borrow for him from another non-Jew with interest and he went and borrowed from a Jew with interest the borrower can even pay the interest.<ref>Mordechai b"m 337, Shulchan Aruch Y.D. 168:8. Shach 168:19 and Taz 168:9 argue that just like the lender can collect the interest the borrower can pay it. However, it appears from the Bet Yosef that only the lender can collect it but it is forbidden for the lender to collect it. Horah Brurah 168:34 follows the Shach and Taz that if the non-Jew didn't follow the orders of the borrower it is then permitted for both the lender and borrower to exchange the interest at the end.</ref><br />
===Non-Jew borrowing with Interest from a Jew through a Jewish Agent===<br />
# If a non-Jew asks a Jew to borrow for him from another Jew with interest the Jewish agent may do his job as long as he says clearly that he is borrowing with interest on behalf of a non-Jew or the transaction is happening in the presence of the non-Jew.<ref>Ran b"m 71b s.v. mahu, Nemukei Yosef 42a, Hagaot Ashri 5:42, Rosh responsa 108:5, Raavan 103, and Smak 260 all cited by Bet Yosef 168:13. Baal Hatrumot 46:4:10 citing Ramban b"m 71b s.v. vgoy explains that even though the Jewish agent can't halachically become the agent of the non-Jew since there's no agency for non-Jews, the Jewish agent can be the agent of the lender.</ref> <br />
# The agent can't take upon himself responsibility for the capital or the interest. If he takes upon himself responsibility for either one that is considered as though the agent is a borrower and there is interest when the lender takes interest from the borrower.<ref>Shulchan Aruch 168:13</ref><br />
# The agent can't take upon himself responsibility for the collateral getting lost or stolen, rather the lender needs to take such responsibility. If he takes upon the regular type of responsibility as a [[shomer]] would generally take that is permitted. However, he may not take responsibility for unexpected circumstances.<ref>Shulchan Aruch Y.D. 168:16 based on the Rosh in disagreement with the Ramah who allowed taking even responsibility for unexpected events. </ref> If they didn't specify this responsibility and it was left unclear, after the fact, we can assume that the Jewish lender and the agent would want to arrange it in the permitted fashion.<ref>Shach 168:36 citing Bach, Baal Hatrumot 46:4:10 citing Ramban</ref><br />
# If the non-Jew never comes to pay the loan with the interest the agent may not pay it.<ref>Shulchan Aruch Y.D. 168:14</ref><br />
## Additionally, the lender may not force the agent to buy the collateral for the price of the capital and interest.<ref>Rama 168:14, Shach 168:47, Taz 168:20, Bach 168:15, Chelkat Binyamin 168:148. According to the Taz this is even the opinion of Shulchan Aruch, but according to the Shach and Bach this is only the opinion of the Rama and Shulchan Aruch would disagree.</ref><br />
## However, if the agent wants to buy the collateral for the capital and interest he can do so.<ref>Rama 168:14, Shach 168:47, Taz 168:20, Bach 168:15</ref><br />
# If the non-Jew never comes to pay the loan the lender can sell the collateral and keep the value. The agent can't stop the lender from doing so out of fear of the non-Jew since the lender isn't really incumbent to the agent or the non-Jew.<ref>Shulchan Aruch Y.D. 168:15, Rosh responsa 108:6</ref> Some say that if the agent was originally appointed by the lender to do this loan with the non-Jew, then if the agent is afraid of the ramifications of the lender selling the collateral, then the lender must listen and if he doesn't then he must pay for damages to the agent.<ref>Levush 168:15, Shach 168:50, Chelkat Binyamin 168:156. The explanation of the Levush is that essentially since the agent isn't a borrower he can tell the lender to do or not do something and that poses no issue. The lender should be cautious of the damages that can occur to the agent, however, if the agent arranged with the non-Jew and not the lender, then the lender doesn't have to be concerned. It is the responsibility of the agent. If the agent was originated commissioned by the Jewish lender then it is a concern for the lender that he doesn't cause a damage to the agent. The Taz 168:20 and Bet Meir disagree with the Levush. They hold that the lender doesn't have to listen to the agent in any event. They explain that the source for this halacha is the Rosh and he held that the borrower shouldn't take any responsibility for the collateral and yet he writes that he doesn't need to listen to the agent. Shach in Nekudat Hakesef 168:14 answers that these are two separate statements of the Rosh. The Bet Meir doesn't understand the Shach since the Rosh either way would discuss a permissible case according to his opinion.</ref><br />
<br />
===Lending with Interest from a Non-Jewish with a Jewish Agent using a Security Deposit===<br />
[[Image:Taking Mashkon from Non-Jew.png|300px|right]]<br />
[[Image:Returning Mashkon to Non-Jew.png| 350px| right]]<br />
# Some permit borrowing from a non-Jew with a security deposit so that they can in turn borrow with interest from another Jew with that security deposit. This is permitted since the non-Jew takes responsibility for the original loan and it is treated as two loans and not one. Ashkenazim can rely on this opinion.<ref>Ri cited by Rosh b"m 5:55, Rosh responsa 108:11, Rama 168:8 seems to support this approach. Darkei Moshe 168:4 quotes the Mordechai and Hagahot Ashri who held that it is permitted even initially. Darkei Moshe 168:9 cites the Kol Bo 84 and Hagahot Maimoniyot Malveh 5:3 who says that the minhag was like the Ri</ref> Others hold that generally this is forbidden to arrange but if one explicitly tells the non-Jew that he has responsibility for the loan then it is permitted.<ref>Ramban b"m 71b s.v. vbar cited by Tur 168:9, Rashba 7:321, Nemukei Yosef 42a, Talmidei Harashba, and Baal Hatrumot 46:4:10 s.v. vkatav alav haramban cited by Bet Yosef 168:9</ref><br />
# Even according to the strict opinion, a lender to a non-Jew with interest who collected a deposit from him which came originally from a Jew can collect the interest as long as he isn't certain that it was arranged improperly.<ref>Ri, Rosh, Shulchan Aruch 168:9. Chelkat Binyamin 168:63 explains that essentially there's two schools of thought regarding a loan with a security deposit from one Jew to another Jew with a non-Jew in between. The Gra and Levush understand that this depends on whether one may set up a non-Jew agent between two Jews who are transacting with interest. The Shach, Taz 168:14, and Chavot Daat 168:12, on the other hand, think that the security deposit poses its own problem in that it functionally creates a lien of the Jewish lender upon the original borrower Jew. This could be solved if the non-Jew acquired the deposit from the non-Jew in an absolute fashion.</ref> Some say that he may not collect the interest if he knew that it was a Jewish security deposit such as if it is a Jewish article of clothing.<ref>Tur 189:9, Shulchan Aruch 168:9. Bet Yosef 168:9 s.v. yisrael shnatan notes that the Mordechai 338 held within the opinion of Rabbenu Tam that it doesn't matter whether the deposit was clearly Jewish or not.</ref><br />
# If the original Jew wants to get his security deposit back from the other Jew who lent to the non-Jew and the non-Jew isn't cooperating, the lender Jew doesn't need to work with the borrower Jew since they didn't have any transaction one to another.<ref>Rosh responsa 108:8, Rama 168:9</ref><br />
# If a Jew has a security deposit of a non-Jew in his hands and the non-Jew direct him to use it to borrow from another Jew with interest on his behalf, the first Jew may do so.<ref>Mordechai 337 writes that a Jew can use a non-Jew's security deposit to borrow from a Jew with interest if he is instructed so by the non-Jew. The Mordechai seems to apply this even to the case where the Jew didn't have the non-Jew's deposit but instead wanted to gift him a deposit of his own for its value. The Bet Yosef is troubled by this leniency since there's no mechanism by which the non-Jew is actually acquiring the deposit. Taz 168:14 gives a nuanced explanation that it was sold to the second Jew with a condition that the non-Jew could buy it back. Bach 168:13 and Nekudat Hakesef 168:11 explain that once a owner admits to the fact someone else owns his item it halachically belongs to that person (''kinyan odita'') and that is sufficient to remove the prohibition of ribbit. Either way, the Rama 169:11 concludes that we assume that it is impossible to gift a deposit to a non-Jew without him making a physical [[kinyan]] such as meshicha.</ref><br />
====Non-Jew Borrowed from Jew with Collateral and Jewish Agent====<br />
#A Jewish agent brought a collateral from a non-Jew to another Jew in order to borrow with interest. After the loan is due, the lender Jew can ask the agent to show him which non-Jew he lent to but can not ask the agent to pay for the asked the agent to redeem the non-Jew’s collateral and pay for the loan.<ref>Bet Yosef 168:27 cites the Rashba 3:47 who speaks of a case where a Jew brought a collateral from a non-Jew to another Jew in order to borrow with interest, then the lender Jew asked the agent to redeem the non-Jew’s collateral and pay for the loan. The Rashba rules that it is forbidden for the agent Jew to pay the loan and interest since he is merely an agent. He must though indicate to the lender Jew who is the non-Jew who borrowed the money. Shulchan Aruch YD 168:27 codifies the Rashba. Shach 168:83 explains that the agent has no responsibility to sell or buy the collateral from the lender.</ref><br />
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====Non-Jew Selling Jewish Debt====<br />
#If a Jew owed a non-Jew capital and interest, that non-Jew can sell that debt to another Jew. If the non-Jew collects the interest it is permitted for the Jew to accept it, yet if he doesn't then the second Jew shouldn't collect the interest from the first Jew.<ref>Rashba responsa 1:764 cited by Darkei Moshe 168:6, Bedek Habayit 168:27, and Knesset Hagedola (Bet Yosef 168:44).</ref><br />
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====Jew Selling Non-Jewish Debt====<br />
# If a Jew lent a non-Jew with interest upon a security deposit of the non-Jew. Then the non-Jew sold the security deposit to another Jew and he was told to pay the debt to the first Jew and collect the security deposit. This transaction is totally permitted since the loan was made between the Jew and non-Jew and then there was a sale of the non-Jewish debt to a Jew.<ref>Rosh responsa 108:25, Shulchan Aruch 168:12</ref><br />
#However, if the Jew who bought the debt then didn't pay off the debt immediately in order to redeem the deposit and only paid it after some time, thereby accruing a further interest charge upon the non-Jewish lender, the non-Jew may pay that interest charge to the Jewish lender even if the non-Jew in turn forces the Jewish buyer to pay him for that interest charge. But the Jewish buyer may not pay the interest to the Jewish lender because that would paying interest.<ref>Rosh responsa 108:25, Shulchan Aruch 168:12</ref><br />
====When the Deposit was Taken Forcibly====<br />
# If a non-Jew took a security deposit from a Jew forcibly and then used it to borrow with interest from another Jew, that second jew may collect interest from the non-Jew but may not collect interest from the first Jew.<ref>Smak 260, Kol Bo 84, Mordechai 338 citing Riva, Baal Hatrumot 46:4:10 all quoted by the Bet Yosef 168:10</ref> Some disagree and allow collecting the interest.<ref>Rosh cited by Tur 168:10</ref> <br />
# However, under the following two circumstances one may collect the interest according to everyone: <br />
##If the force and responsibility of the loan rests upon the non-Jew besides for the security deposit then it is permitted to collect the interest from the first Jew.<ref>Bet Yosef 168:10 based on the Baal Hatrumot</ref><br />
##Additionally, if the first Jew didn't know that his security deposit was going to be used to borrow from a Jew with interest it isn't any question of interest for him to pay the second Jew the interest to redeem his item.<ref>Maharik 16 cited by Bet Yosef 168:10</ref><br />
====When the Deposit was Given to the Non-Jew Properly====<br />
# If a Jew borrowed from a non-Jew with interest and gave him a security deposit. If the non-Jew takes that deposit and uses it to borrow from another Jew with interest some say that one may not take interest from that transaction, while others say that one can. Generally we are lenient except in the following two circumstances:<ref>Shulchan Aruch 168:10, 20</ref> <br />
##If the non-Jew forcibly took the deposit from the first Jew then we assume that the deposit wasn't really acquired by the non-Jew and so when it is used to borrow against another Jew it is like there's a deal between the two Jews.<ref>Bet Yosef 168:10 in his second answer, Shach 168:26, 67, Taz 168:11. Gra 168:23 disagrees.</ref><br />
##Additionally, if the non-Jew immediately took that deposit from the first Jew and used it to borrow from the second Jew then it appears that he did so only to create a loan between two Jews. However, if he held onto it for some time for himself then it isn't an issue.<ref>Bet Yosef 168:10 in his first answer, Shach 168:67</ref><br />
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====Lending with Interest from a Non-Jewish with a Jewish Agent using a Jewish Security Deposit====<br />
#If a Jew lent from another Jew and got a collateral for that loan, and specified that if the Jew didn’t pay up on time he would either sell the collateral or borrow against it with interest. If he then borrowed against it with interest from a non-Jew, he isn’t responsible to pay the interest for the loan since that was the stipulation. Instead the Jewish borrower needs to pay the interest in order to redeem his collateral.<ref>Rashba responsa cited by Bet Yosef 168:26 explains that once they stipulated that the lender Jew can borrow with interest against the collateral we understand that to mean that the ledner Jew isn’t borrowing from the non-Jew for himself, rather he is doing so as an agent of the other Jew. Therefore, the borrower Jew can repay the interest to the non-Jew and it isn’t interest to the lender Jew since he is neither a lender or a guarantor of the loan, he is simply the agent. Shaar Mishpat 168:13 cites this Rashba but also cites the Maharit YD 46 based on the Maharam who argues that it is an asmachta and isn't binding. Therefore, the lender couldn't lend to the non-Jew with interest on that collateral. Shulchan Gavoha 168:50 cites this Rashba and fundamentally puts it in the same camp as the Rosh which is codfied by Shulchan Aruch 168:26. Kovetz Halichot Horah Ribbit v. 5 p. 316-7 explains that it is necessary for the Rashba and Ramban 71a that the lender Jew be the agent of the original borrower as well as the fact that the non-Jew is collecting from the collateral. The reason is that if it was simply that the non-Jew would collect from the collateral but the Jewish lender was never appointed as an agent then he is in essence borrowing for himself with interest and having another Jew repay his interest using his collateral.</ref><br />
#If a Jew lent from another Jew and got a collateral for that loan, he can then use that collateral to borrow with interest from a non-Jew. He should specify to the non-Jew that he is borrowing on behalf of another Jew and he has no responsibility. Alternatively, if the collateral is worth the entire value of the loan he can use it to borrow from the non-Jew with interest. Then the original borrower Jew can pay the non-Jew the interest and redeem his collateral. The Jewish lender was simply the agent of the first Jew to borrow with interest from a non-Jew.<ref>Tashbetz Katan 486 writes that if the Jewish lender specifies to the non-Jew that he is borrowing on behalf of another Jew it is permitted, otherwise it is like he is borrowing for himself and having the original borrower Jew pay the interest is forbidden. Yet, the Bet Yosef 168:26 points out that the Rosh implies that it is permitted for the original borrower to pay the interest even if the lender Jew didn’t make that stipulation. Shulchan Aruch 168:26 simply quotes the case without specifically mentioning that stipulation. Shach 168:82 explains that the Tashbetz Katan and Rosh agree. Either a stipulation is necessary or having a collateral that is worth the entire value of the loan and interest. Otherwise it is forbidden. Chelkat Binyamin 168:291 agrees. Mayin Ganim Abadi YD 9 shows at length that the Bet Yosef thought that there is a dispute between the Tashbetz Katan and Rosh. The Rosh thinks that even without specifying it is assumed that the non-Jew depends on the collateral and there’s no responsibility upon the Jew. However, the Tashbetz Katan thinks that only if the Jew specifies that is it so, otherwise we assume that the non-Jew will hold responsible the Jew who is borrowing from him as well as from the collateral, in which case it would be forbidden for the original borrower to pay the interest. Erech Lechem 168:17 implies this as well. He explains that the Ran cited in Shulchan Aruch 168:17 implies like the Tashbetz Katan, yet, Shulchan Aruch ultimately sided with the Rosh and Rashba unlike the Tashbetz Katan and Ran.</ref><br />
#If a Jew wants to borrow from a non-Jew with interest and he asks another Jew to be his agent, he can do so. If he gives him a collateral then it isn’t necessary for the agent to specify that he is borrowing on behalf of someone else since the non-Jew is ready to collect from the collateral.<ref>Rosh b”m 5:56, Tur and Shulchan Aruch 168:17. Bet Yosef 168:17 based on the Nemukei Yosef 44a clarifies that it is insufficient to say that the collateral serves as the place where the non-Jew can collect, rather he needs even to specify that he bares no responsibility. Shach 168:52 cites this opinion. Shulchan Aruch 170:1 follows that opinion.</ref> Some say that as long as the collateral is actually worth the value of the loan and interest, then it is automatic that the non-Jew is ready to collect from the collateral and his lein applies to that and not to the Jew.<Ref>Shach 168:51</ref><br />
#If a Jew wants to borrow from a non-Jew with interest and he asks another Jew to be his agent, he can do so. Yet, it is important that the agent specify with the non-Jew that he is indeed borrowing on behalf of another Jew and he bares no responsibility.<ref>Tur and Shulchan Aruch 168:17</ref><br />
#It is an issue if the Jewish agent has any responsibility for the loan even to serve as a guarantor that can be collected from first (Arev Kablan), rather the non-Jew needs to completely be able to collect from the collateral.<Ref>Bet Yosef 168:17 cites the Ran (Nemukei Yosef 42a) who holds that it is forbidden to be an Arev Kablan for another Jew.</ref><br />
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====Borrowing on Behalf of a Community====<br />
#If a few Jewish administrators of a community or communal institution want to borrow with interest from a non-Jew on behalf of the community and then they lent it to the community with interest that is forbidden since ultimately the non-Jew will old the Jewish administrators responsible.<ref>Rashba responsa 5:259 writes that he heard that in many communities they will have the administrators of a community borrow with interest from a non-Jew on behalf of the community and then he lends it out with interest to the rest of the congregation. Rashba writes vehemently that there is nothing to rely upon. Rama 168:17 ambiguously quotes this practice without endorsing it or dismissing it.</ref><br />
#If an administrator for a community borrows from a non-Jew in order to pay for a communal construction project, according to some, he may be paid back by the community including the interest.<ref>Pitchei Teshuva 168:4 cites Chatom Sofer YD 135 who writes that once an administrator of the community borrowed from a non-Jew with interest for building a communal building for guests. Then he charged the community to each pay their share of the cost. He cites the Ranach 58 who permitted a contractor who borrowed with interest from non-Jews to be repaid by the community since they are essentially paying for the building and not interest for a loan.</ref><br />
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===Selling a Non-Jew's Debt to Another Jew===<br />
# If one Jew lent money to a non-Jew with interest he can then sell that loan to another Jew and he should stipulate that this is a complete sale of the loan and they will no longer have any claims upon each other. Thereby the buyer becomes the new lender to the non-Jew and can collect interest.<ref>Shulchan Aruch 168:18. When there is no security deposit, the Shach 168:62 explains that the mechanism isn't exactly a sale since one can't really sell the debt to another Jew. Rather one is forgiving the non-Jew from paying him back. Then the non-Jew can pay the second Jew as he is "considered" according to their intention to be the new lender. In Shach 168:63 he clarifies that he doesn't need to inform the non-Jew of that which he forgave. Netivot Shalom 168:18:9 explains that even though the non-Jew will be paying the second Jew in error he can collect it. Shach 168:63 is in disagreement with the Bach who thinks that it is necessary to alert the non-Jew.</ref> When there is a security deposit from the non-Jew that would have to be transferred to the second Jew with the same stipulation that it is a complete sale and they have no claims upon each other.<ref>Shulchan Aruch Y.D. 168:18</ref> According to Ashkenazim it isn't necessary to make such a clear stipulation since it is assumed that this is the stipulation.<ref>Rama 168:18 following the Mordechai and Rosh teshuva</ref><br />
# A Jew who lent to a non-Jew with interest can sell the non-Jew's loan from a certain date going forward. The first Jew would collect the interest until that date and the second from that date and on.<ref>Tur 168:18</ref><br />
# A Jew who lent a non-Jew for a certain percent he can sell that loan at a lower percent. For example, if the first Jew lent a non-Jew $100 for 10% a year and then resold that debt to another Jew for 5% a year.<ref>Levush, Shach, Chachmat Adam against Taz</ref><br />
# A Jew who lent a non-Jew money for interest can then resell it to a Jew but he may not sell a portion of that loan to a Jew.<Ref>Shach (Nekudat Hakesef on Taz 168:28) and Levush</ref><br />
# A Jew who lent a non-Jew money for interest can't stipulate the buyer resell it to him.<ref>Although the Rama 168:18 is lenient, both the Shach 168:57 and Taz 168:27 disagree.</ref><br />
# A Jew who lent a non-Jew money for interest can sell that debt to a Jew but can't stipulate that he'll sell that debt if the Jew also gives him an additional interest free loan.<ref>The Taz 168:24 in disagreeing with the Levush forbids this. Shach in Nekudat Hakesef and Chachmat Adam cited by Chelkat Binyamin 168:151 are lenient. Netivot Shalom 168:18:14:1 questions the Shach from Shulchan Aruch 166:3 and answers it. Chavot Daat 168:34 forbids because of Shulchan Aruch 160:23 and 172:4. Chelkat Binyamin thinks that even the Shach accepts part of the argument of the Chavot Daat and would forbid anytime that sale of the debt is at a lower price because of the fact that he is also receiving an interest free loan.</ref><br />
# The Jew can resell the non-Jew's debt for a lower interest rate than the non-Jew is giving him.<ref>Rama 168:18</ref><br />
# It is permitted for the buyer of the debt to leave the non-Jew's security deposit in the hands of the original Jewish lender. The responsibility of the security deposit is now upon the second Jew but if they stipulated that the first Jew would have responsibility then he does.<ref>Rama 168:18. Shach 168:58 notes that in such a case it is necessary to do a formal sale of the loan in order for him to leave the security deposit with the first Jew.</ref><br />
#It is forbidden to say that one wants to borrow from another Jew with interest on or in exchange for a non-Jew’s collateral which was given to the first Jew because of a interest loan.<Ref>Rosh responsa 108:28 writes that if a Jew who lent to a non-Jew with interest asks another Jew to lend him money with interest on the collateral he received from the non-Jew that is considered taking interest. What exactly is the issue with this formulation? The Shach contends that as long as one says that one wants to borrow from another Jew with interest on a non-Jewish collateral we can’t reinterepert his words and since he said he wanted to borrow with interest that is how we view his transaction. However, if he wouldn’t explain the transaction at all, we would explain him to mean that he intended to buy it since we’d prefer to say he did something permitted. Chelkat Binyamin 168:236 sides with the Shach. He explains that there’s a fundamental difference between a sale and a loan. A sale is where the first Jew is completely removed from any dealings with the non-Jew and if he collects anything from the non-Jew he must give it to the second Jew. A loan is where the first Jew must pay the second Jew whether or not the non-Jew will pay. The Bach 168:26 disagrees and explains that there is a minhag to be lenient even if one says that one intends to borrow because we reinterpret it to mean to buy. Taz seems to agree. The Bet Yosef and Taz imply that the reason for the Rosh isn’t because of his incriminating words but rather because of his motivation. If the Jewish lender would have borrowed on that collateral for the benefit of the non-Jew it wouldn’t be considered a Jewish loan. However, as long as the motivation is for the needs of the Jew we understand that transaction between the two Jews to be a loan and not a sale.</ref><br />
# If a Jew borrowed from a non-Jew with a collateral and then the non-Jew for his own purposes borrowed from another Jew with the same collateral it is permitted for the second Jew to collect interest from the non-Jew, even if the non-Jew will in turn force the first Jew to pay interest.<ref>Tur 168:20 quotes the Baal Haitur that if a Jew borrowed from a non-Jew with a collateral and now the non-Jew is borrowing from another Jew with the same collateral the second Jew may not accept the interest from the non-Jew since it is as though it is coming from the Jew. However, the Rosh Pesachim 2:10 and Rashba 3:229 disagree. Once the Jew borrows from the non-Jew it is completely permitted and if the non-Jew then borrows from another Jew that is disconnected. The Bet Yosef 168:20 cites the Ran b”m 71b s.v. veharamban and Baal Hatrumot 46:4:10 who side with the Baal Haitur. Yet, the Baal Hatrumot adds that if the non-Jew accepts responsibility for the loan he’s taking from the second Jew it is permitted. Shulchan Aruch 168:20 cites the Rosh and Rashba as the main opinion and the Baal Haitur as some say.</ref><br />
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===Jewish Money Deposited with Non-Jew Used for Jewish Loan===<br />
#If a Jew deposits money with a non-Jew it is permitted for another Jew to borrow from that non-Jew with interest as long as the non-Jew took responsibility to the first Jew like a borrower.<ref>The Tosefta b”m 5:8 states that if a Jew deposited money with a non-Jew if the non-Jew took responsibility for it then he can lend it to another Jew with interest. Although the Baal Hatrumot 1:46:2:6 quotes someone who held we don’t follow the Tosefta, in 7:1 he writes that we do follow the Tosefta. Also, the Rosh b”m 5:56 and Tur and Shulchan Aruch Y.D. 168:21 codify it. Bet Yosef 168:21 isn’t certain what is the definition of the amount of responsibility that the non-Jew must accept in order to permit this. Does it mean that the non-Jew has responsibility like a watchman or does he need to take responsibility like a borrower who even if it is lost is obligated? He quotes the Baal Hatrumot assumed it was the latter. Shach 168:68 and Taz 168:31 agree.</ref><br />
===Non-Jewish Money Deposited with Non-Jew Used for Jewish Loan===<br />
#Money deposited by a non-Jew with a Jew, if the Jew accepts responsibility for them as a lona, he may not then lend them with interest. However, if he didn’t accept responsibility if he lent them to another Jew he didn’t take interest. Nonetheless, it is generally forbidden to do so since it is suspicious (marit ayin) and appears like taking interest from another Jew.<ref>The Tosefta b”m 5:8 states that if a non-Jew deposited money with a Jew he can lend it to another Jew with interest if the first Jew doesn’t have responsibility for the loan. The Bet Yosef 168:22 quotes the Baal Hatrumot 7:1 who explains that if the Jew has responsibility for the loan if it isn’t paid up that is a problem, however, if he merely accepts responsibility to pay while it is in his domain that is permissible since if something happens he can pay and there was no loan at all. Shach 168:69 and Taz 168:33 agree. Nonetheless, even in the first case, the Tur 168:23 writes that there is a problem because people will suspect that the first Jew is lending his own money to another Jew with interest.</ref><br />
# The issue of doing something that appears suspicious is avoided when it is well known that the Jew involved is an administrator for the non-Jew’s money and is merely lending the non-Jew’s money and not his own.<ref>Ran b”m 61b s.v. ani cited by Bet Yosef 168:23 writes that if a Jew is appointed a financial administrator over the non-Jew’s money he no longer has to be concerned with marit ayin since people won’t suspect him of lending his own money. Talmidei Harashba similarly holds that if it is the Jew’s profession to deal with the non-Jew’s money then there’s no suspicion. Baal Hatrumot 7:1 in fact only requires that the lender express to the borrower that it isn’t his own money. Rama 168:23 and Shach 168:71 accept the Ran and Talmidei Harashba, not the Baal Hatrumot.</ref><br />
===Non-Jew Hired by Jew to Lend His Money with Interest===<br />
#If a Jew hires a non-Jew to lend out his money with interest to Jews, it is only permitted if the non-Jew is merely an agent and accepts responsibility. Otherwise it is forbidden.<ref>The Tur 168:23 extends the cases of the Tosefta to include cases of where a Jew hires a non-Jew to lend his money out with interest. Again, it all depends on who takes the responsibility for the loan. Shulchan Aruch 168:23 codifies this.</ref><br />
===Jew Hired by Non-Jew to Lend His Money with Interest===<br />
#If a non-Jew hires a Jew to lend out his money with interest to Jews, it is forbidden if the Jewish employee accepts responsibility as a loan. Even if he doesn’t accept responsibility and technically it is a non-Jewish loan, nonetheless, there is a concern for suspicion (marit ayin) that it appears to be interest between two Jews.<Ref>Tur and Shulchan Aruch 168:23</ref><br />
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===Interest Gifted to A Jew or Non-Jew===<br />
# It is forbidden to lend another Jew money in order that he give the interest to a non-Jew.<ref>Shulchan Aruch Y.D. 168:1</ref> <br />
# It is permitted for a Jew to borrow from a non-Jew even if afterwards the non-Jew gives the interest to a Jew.<ref>Shulchan Aruch Y.D. 168:4</ref><br />
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==Disputes about the Arrangement==<br />
#If the borrower claims that his lender charged him interest and he should return it, if the lender responds that it was done in a permissible way he is believed without any oath. Some say that it is necessary to specify how it was done permissibly.<ref>Taz 168:36</ref> <br />
#This is true as long as the lender already collected the interest. However, if he has a collateral of the borrower or a legal document that entitles him to collect, he can collect after making an oath. If he responds that he didn’t take any interest or doesn’t know if he took any interest, he is believed only if he takes an oath to that effect. This is true as long as the lender already collected the interest, has a collateral of the borrower, or have a legal document that entitles him to collect. However, in absence of that and the lender hasn’t yet collected if the borrower claims that he doesn’t owe the money due to interest he is believed and doesn’t have to pay.<Ref>Shulchan Aruch and Rama Y.D. 168:25</ref><br />
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==Resources==<br />
*[https://docs.google.com/presentation/d/1ap-s04x1RQAvlRiZsg8wiN5zxmRQlCS8Bl5H4oBcpvs/edit?usp=sharing Slides for YD Siman 168-9]<br />
==Sources==<br />
<references/><br />
[[Category:Ribbit]]</div>YitzchakSultanhttps://halachipedia.com/index.php?title=Interest_with_Non-Jews&diff=25514Interest with Non-Jews2020-04-07T20:28:19Z<p>YitzchakSultan: /* Selling a Non-Jew's Debt to Another Jew */</p>
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<div><br />
=Who can you take interest from?=<br />
==Non-Jews==<br />
# It is permitted to lend to and borrow from non-Jews with interest.<ref>The Gemara Bava Metsia 70b states that it is permitted to charge non-Jews ribbit and there is only a rabbinic prohibition to do so. The reason the rabbis forbade it is that they didn’t want people to learn from the non-Jews by interacting with them too much. They only permitted it for a talmid chacham or someone who needs to make money to survive. This is codified by the Rambam and Rif. However, Tosfot 70b s.v. tashich writes that today we lend with interest to non-Jews for three reasons: 1) we follow the opinion that there’s no rabbinic prohibition to lend to non-Jews at all. 2) Due to the high taxes we have to charge non-Jews interest otherwise financially wouldn’t survive and it is considered necessary for our livelihood. 3) Really based on the reason of the prohibition it is prohibited to do any business with non-Jews and if we didn’t do that we wouldn’t survive. Meiri b”m 70b agrees with reason two. Tur YD 159:1 cites the last reason of Tosfot. Shulchan Aruch and Rama Y.D. 159:1 simply writes that nowadays it is permitted to lend non-Jews with interest.</ref><br />
#Nowadays in Israel it is forbidden to lend non-Jews money with interest since it is possible to do business with Jews exclusively. Yet it would be permitted in order to make a livelihood but not to make oneself wealthy.<ref>Netivot Shalom YD 159:1:16 writes that today in Israel since it is possible to do without lending non-Jews with interest it is unclear if it is permitted to do so nowadays. Additionally, Rav Moshe Halevi in Malveh Hashem 5:3 writes that Jews who live in Israel should be strict not to lend non-Jews with interest since it is possible to transact with Jews and be financially stable. He explains that none of the reasons of Tosfot apply today except that perhaps we don't hold that there's any prohibition which is rejected. Similarly, Rav Shlomo Mazuz in Kerem Shlomo 159:8 is strict. Rav Ovadia Yosef in Halichot Olam v. 8 p. 3 writes that we hold that as long as it is difficult to do business only to Jews it is permitted in accordance with Tosfot, however, we do not hold that once the gezerah stopped applying it is nullified completely.</ref> Some poskim are lenient even in Israel.<ref>Chut Shani 2:1 p. 39 writes that even nowadays it is permitted to lend a non-Jew with interest even though in Israel we can support ourselves without business to non-Jews. Since there is some business with non-Jews and non-religious Jews the leniencies are still relevant. Chelkat Binyamin 159:10 (written in America) is lenient in all cases.</ref> <br />
# Even outside Israel one should be strict if one can.<ref>Chachmat Adam 130:6 writes that any honest man who could avoid taking interest from non-Jews should do so.</ref> Some say that for an impersonal bank it is permitted since one hardly interacts with the non-Jews.<ref> Chelkat Binyamin 159:1 s.v. vhaidna writes that one doesn’t have to be strict for the Chachmat Adam if one is lending to a bank and one only has to interact with them minimally.</ref> <br />
#It is permitted to borrow with interest from non-Jews.<ref>Rambam Malveh Vloveh 5:2 explains that they never prohibited it lest one come to learn from their ways since it is normal for a borrower to avoid the lender and not learn from him. Meiri b”m 70b agrees. Chazon Ovadia Shabbat v. 1 p. 7 and Malveh Hashem 5:5 codify this as the halacha.</ref><br />
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==Non-Religious Jew==<br />
# It is permitted to lend to a non-religious Jew with interest if he was brought up religious and later became non-religious.<Ref>Shulchan Aruch 159:2</ref> Initially this should be avoided.<ref>Rama 159:2</ref><br />
# One may not lend a non-religious Jew who is raised as a non-religious Jew with interest.<reF>Shulchan Aruch and Rama 159:3 forbid lending with ribbit to someone who is a tinok shenishba. Gemara Shabbat 68b clarifies that a child who was captive among non-Jews (tinok shenishba) and didn't know about Shabbat is considered as though he sinned unintentionally. Brit Yehuda 30:12 agree. Rambam Mamrim 3:3 writes that the sons of the karaites who were brought up with the mistakes of their parents aren't considered minim but should be returned in teshuva. (Yet, see the manuscript editions which include another few words that alter the meaning of the Rambam.) Pirush Mishnayot Chullin 1:2 writes that someone who reject tenants of our faith are considered minim. However, someone who was born into a family and background with such thoughts aren't culpable and are similar to a tinok shenishba. Binyan Tzion Chadashot 23 posits that many of the non-religious Jews today are considered tinok shenishba since they're following the ways of their fathers. <br />
* Chazon Ish YD 1:6 writes that once we try to teach him about the Orthodox ways and he turns it down he is considered to be a mumar. The amount of effort necessary to spend in trying to teach him is subjective and is left up to the judgement of the rabbis of each generation. Additionally, once he is aware of the Orthodox Jews and practices even without trying to teach him he can be considered a mumar. However, that too depends on how aware he was of the Orthodox Jews and to what degree and with what intensity his parents taught his otherwise. This is the basis for the dispute whether Karaites are mumarim. </ref> This applies to conservative and reform Jews today.<ref>Igrot Moshe 4:91:6, Chelkat Binyamin 159:22</ref><br />
# Some say that it is permitted to lend the Karaites with interest.<ref>Shulchan Aruch 159:3. Bet Yosef 159:3 cites the Pirush Mishnayot Chullin 1:2 where the Rambam says that karaites are like tinok shenishba and it is forbidden to lend them with interest. Bet Yosef points out that the Nemukei Yosef 42b quotes the Ri who says that anyone who once recognized Orthodox Jews isn’t a tinok shenishba disagrees with this Rambam. Shulchan Aruch follows the Rambam. However, the Shach 159:6 cites the Maharshal, Maharnach 113, Rash quoted by Mabit 1:38, Rav Betzalel 3 who are strict. Nekudat Hakesef he writes that the halacha on this matter is unresolved. Chelkat Binyamin 159:21 concludes with the Graz who is strict.</ref><br />
<br />
==Arrangements of Loans Between Several Parties==<br />
===Lending A Non-Jew's Money to A Jew with Interest===<br />
# If a person borrowed money from a non-Jew with interest it is forbidden to then lend that money to another Jew with interest.<ref>Shulchan Aruch Y.D. 168:1</ref><br />
# If a person borrowed money from a non-Jew with interest and then before he returns it another Jew wants that loan and is willing to pay the interest to the non-Jewish lender, one may only give that loan to the second Jew under one of two methods. Both of these methods free the first Jew from any financial relationship with the second Jew:<br />
## The non-Jew tells the first Jew to leave the money in a certain location and he will be exempt<ref>Although Shulchan Aruch 168:3 hold that it is sufficient for the non-Jew to state that you can leave the money in a certain location for the second Jew and it is understood that he is exempt from the loan obligation, Shach 168:7, Taz 168:3, and Gra 168:6 all hold that it is necessary to state so explicitly.</ref> and then the second Jew takes it from there.<ref>Shulchan Aruch Y.D. 168:3</ref> <br />
## The first Jew returns the money to the non-Jew and he then gives it to the second Jew. No words need to be spoken since it is understood that when the non-Jew took the money from the first Jew he was exempting him from his loan.<ref>Shulchan Aruch Y.D. 168:2</ref><br />
## It isn't a solution for the non-Jew to simply tell the first Jew to hand the money over to the second Jew and he'll be exempt since that appears as though the two Jews lent money with interest.<ref>Shulchan Aruch Y.D. 168:1</ref><br />
===Lending with Interest with a Non-Jewish Agent===<br />
# A non-Jew who borrowed from a Jew and is ready to return the money, if he finds another Jew to borrow that money with interest can give it to him with interest. However, if the non-Jew brought the money to the lender Jew he can't lend it to another Jew since that considered a loan between the lender and the other Jew with interest. Obviously this is forbidden if the non-Jew actually gave the money back to the lender that the lender may not lend that money to a Jew with interest. Additionally it is forbidden if the non-Jew put the money on the ground for the other Jew to pick up and the lender stated that the non-Jew would be exempt once he placed the money on the ground. These are all considered Biblical interest.<ref>Gemara Bava Metsia 71b, Shulchan Aruch Y.D. 168:6</ref> However, if the non-Jew simply hands the money to the borrower Jew in the presence of the lender Jew, most rishonim hold that this is rabbinically forbidden since the non-Jew is an agent of the borrower. However, there is a minority opinion in the rishonim who allows this.<ref>Rashi Bava Metsia 71b s.v. v'im explains that the conclusion of the Gemara was that there is a concept of agency for two Jews to create a loan between them with interest. This is rabbinically forbidden. This is the opinion of the Rif, Ramban, Rashba, Ran, and Nemukei Yosef all cited by the Bet Yosef 168:6. The Rambam Malveh Vloveh 5:4 however holds it is Biblically forbidden. On the other hand, Rabbenu Tam held that the gemara backed out of that stringency and so it is permitted. Rosh responsa 108:11 ponders how someone could possibly rule like Rabbenu Tam when it seems that it is forbidden and Rabbenu Tam brought no proofs. Either way, there the Rosh rejects following Rabbenu Tam initially. He is aware of the practice of some people to follow Rabbenu Tam but he argues that it is incorrect and the lender could only accept the interest if he is unaware that the non-Jew is borrowing the money for the other Jew.</ref> The halacha is not to accept this minority opinion.<ref>Shulchan Aruch Y.D. 168:6 completely rejects Rabbenu Tam's opinion. Rama 168:5 and 7 cites Rabbenu Tam however he says that one should only follow that opinion where there is a minhag. Chelkat Binyamin 168:51 writes that we don't follow the Rabbenu Tam since it is a question of Biblical interest.</ref><br />
# It is forbidden for a Jew to arrange with a non-Jew to lend your money to him in order that he lend it to another Jew with interest.<ref>Rashba teshuva 3:243 writes that it is forbidden to lend your money to him in order that he lend it to another Jew with interest since that is a mere legal fiction and is considered taking interest. Also, there is a concept of shelichut for a non-Jew to be considered a shelichut for purposes of being strict. That is, the rabbis view this transaction as though the non-Jew is an agent of the Jews and it is a loan between two Jews. Shulchan Aruch Y.D. 168:5 rule like the Rashba. The Shach 168:10 points out that the Rama would agree as well. Malveh Hashem 1:5:12 agrees. However, the Netivot Shalom 168:5:5 argues at length that the Rama never accepted this approach of the Rashba who expanded the concept of legal fictions for ribbit. The entire concept of Rabbenu Tam who allowed having a non-Jewish agent to arrange the loan with interest or Rashi's opinion who allowed a Jewish agent to arrange the loan with interest, both of which are cited by the Rama indicate that he was not concerned with the expansions of the Rashba. This is further supported by the fact that the Rama 168:5 implies that the reason for Shulchan Aruch is completely other than the reason of making a legal fiction out of taking interest. Netivot Shalom brings sources that show that there's a fundamental dispute of how far reaching is prohibition of using legal loopholes in interest (haramat ribbit) between the Maharam and Rashba. Netivot Shalom 166:6:13 extends this discussion to that of using a heter iska and the Gra's opinion that it violates haramat ribbit.</ref> After the fact it is forbidden to take the interest since the non-Jewish agent is merely a ruse and it was really a loan with interest from a Jew.<ref>Netivot Shalom 168:5:6 explains that the haramat ribbit that the Rashba was discussing was because the real intention of the parties was to create a loan between the two Jews and so it is completely ribbit, which is forbidden even after the fact. However, the Malveh Hashem 1:5:12 writes that this haramat ribit of the Rashba is purely legal fiction that is valid, though it is forbidden to arrange. Therefore, if it was already collected certainly it doesn't need to be returned.</ref><br />
#If the lender didn't know about the fact that the borrower appointed the non-Jew to borrow for him from a Jew with interest he can keep the interest<ref>Shulchan Aruch Y.D. 168:7</ref> and some allow him to even collect the interest once it was arranged.<ref><br />
* Derisha 168:4 explains that it is absolutely forbidden for the lender to make the borrower pay the interest since it is forbidden for the borrower to pay it, however, it already happened then the lender can keep it. <br />
* Shach 168:17 argues that it is permitted for the lender to make the borrower pay the interest since it was done without his knowledge and in such a case it isn't really forbidden for the borrower with respect to the lender. Chelkat Binyamin 168:55 and 57 rules like the Shach and explains that once the lender wasn't aware of the appointment of the non-Jew by the borrower it isn't forbidden for the borrower to pay the interest. The only aspect that was forbidden is the arrangement of the loan. <br />
* Netivot Shalom 168:7:6 writes that the Teshuvat Ri doesn't imply like the Derisha at all. Netivot Shalom 168:7:6 reads the Bet Yosef in accordance with the Derisha. However, the Chelkat Binyamin (168 Tziyunim 136) argues that the Bet Yosef held like the Shach.</ref> Sephardim are more strict and only allow this completely after the fact that the interest was collected.<ref>Horah Brurah 168:31. There he mentions the idea that the Bet Yosef suggests which is if the lender doesn't know from witnesses that the borrower appointed the non-Jew to be his agent and the borrower himself since he didn't appoint the non-Jew then the lender could collect the interest. Horah Brurah concludes that one may only rely upon this after the fact.</ref><br />
# If a Jew told a non-Jew to borrow for him from another non-Jew with interest and he went and borrowed from a Jew with interest the borrower can even pay the interest.<ref>Mordechai b"m 337, Shulchan Aruch Y.D. 168:8. Shach 168:19 and Taz 168:9 argue that just like the lender can collect the interest the borrower can pay it. However, it appears from the Bet Yosef that only the lender can collect it but it is forbidden for the lender to collect it. Horah Brurah 168:34 follows the Shach and Taz that if the non-Jew didn't follow the orders of the borrower it is then permitted for both the lender and borrower to exchange the interest at the end.</ref><br />
===Non-Jew borrowing with Interest from a Jew through a Jewish Agent===<br />
# If a non-Jew asks a Jew to borrow for him from another Jew with interest the Jewish agent may do his job as long as he says clearly that he is borrowing with interest on behalf of a non-Jew or the transaction is happening in the presence of the non-Jew.<ref>Ran b"m 71b s.v. mahu, Nemukei Yosef 42a, Hagaot Ashri 5:42, Rosh responsa 108:5, Raavan 103, and Smak 260 all cited by Bet Yosef 168:13. Baal Hatrumot 46:4:10 citing Ramban b"m 71b s.v. vgoy explains that even though the Jewish agent can't halachically become the agent of the non-Jew since there's no agency for non-Jews, the Jewish agent can be the agent of the lender.</ref> <br />
# The agent can't take upon himself responsibility for the capital or the interest. If he takes upon himself responsibility for either one that is considered as though the agent is a borrower and there is interest when the lender takes interest from the borrower.<ref>Shulchan Aruch 168:13</ref><br />
# The agent can't take upon himself responsibility for the collateral getting lost or stolen, rather the lender needs to take such responsibility. If he takes upon the regular type of responsibility as a [[shomer]] would generally take that is permitted. However, he may not take responsibility for unexpected circumstances.<ref>Shulchan Aruch Y.D. 168:16 based on the Rosh in disagreement with the Ramah who allowed taking even responsibility for unexpected events. </ref> If they didn't specify this responsibility and it was left unclear, after the fact, we can assume that the Jewish lender and the agent would want to arrange it in the permitted fashion.<ref>Shach 168:36 citing Bach, Baal Hatrumot 46:4:10 citing Ramban</ref><br />
# If the non-Jew never comes to pay the loan with the interest the agent may not pay it.<ref>Shulchan Aruch Y.D. 168:14</ref><br />
## Additionally, the lender may not force the agent to buy the collateral for the price of the capital and interest.<ref>Rama 168:14, Shach 168:47, Taz 168:20, Bach 168:15, Chelkat Binyamin 168:148. According to the Taz this is even the opinion of Shulchan Aruch, but according to the Shach and Bach this is only the opinion of the Rama and Shulchan Aruch would disagree.</ref><br />
## However, if the agent wants to buy the collateral for the capital and interest he can do so.<ref>Rama 168:14, Shach 168:47, Taz 168:20, Bach 168:15</ref><br />
# If the non-Jew never comes to pay the loan the lender can sell the collateral and keep the value. The agent can't stop the lender from doing so out of fear of the non-Jew since the lender isn't really incumbent to the agent or the non-Jew.<ref>Shulchan Aruch Y.D. 168:15, Rosh responsa 108:6</ref> Some say that if the agent was originally appointed by the lender to do this loan with the non-Jew, then if the agent is afraid of the ramifications of the lender selling the collateral, then the lender must listen and if he doesn't then he must pay for damages to the agent.<ref>Levush 168:15, Shach 168:50, Chelkat Binyamin 168:156. The explanation of the Levush is that essentially since the agent isn't a borrower he can tell the lender to do or not do something and that poses no issue. The lender should be cautious of the damages that can occur to the agent, however, if the agent arranged with the non-Jew and not the lender, then the lender doesn't have to be concerned. It is the responsibility of the agent. If the agent was originated commissioned by the Jewish lender then it is a concern for the lender that he doesn't cause a damage to the agent. The Taz 168:20 and Bet Meir disagree with the Levush. They hold that the lender doesn't have to listen to the agent in any event. They explain that the source for this halacha is the Rosh and he held that the borrower shouldn't take any responsibility for the collateral and yet he writes that he doesn't need to listen to the agent. Shach in Nekudat Hakesef 168:14 answers that these are two separate statements of the Rosh. The Bet Meir doesn't understand the Shach since the Rosh either way would discuss a permissible case according to his opinion.</ref><br />
<br />
===Lending with Interest from a Non-Jewish with a Jewish Agent using a Security Deposit===<br />
[[Image:Taking Mashkon from Non-Jew.png|300px|right]]<br />
[[Image:Returning Mashkon to Non-Jew.png| 350px| right]]<br />
# Some permit borrowing from a non-Jew with a security deposit so that they can in turn borrow with interest from another Jew with that security deposit. This is permitted since the non-Jew takes responsibility for the original loan and it is treated as two loans and not one. Ashkenazim can rely on this opinion.<ref>Ri cited by Rosh b"m 5:55, Rosh responsa 108:11, Rama 168:8 seems to support this approach. Darkei Moshe 168:4 quotes the Mordechai and Hagahot Ashri who held that it is permitted even initially. Darkei Moshe 168:9 cites the Kol Bo 84 and Hagahot Maimoniyot Malveh 5:3 who says that the minhag was like the Ri</ref> Others hold that generally this is forbidden to arrange but if one explicitly tells the non-Jew that he has responsibility for the loan then it is permitted.<ref>Ramban b"m 71b s.v. vbar cited by Tur 168:9, Rashba 7:321, Nemukei Yosef 42a, Talmidei Harashba, and Baal Hatrumot 46:4:10 s.v. vkatav alav haramban cited by Bet Yosef 168:9</ref><br />
# Even according to the strict opinion, a lender to a non-Jew with interest who collected a deposit from him which came originally from a Jew can collect the interest as long as he isn't certain that it was arranged improperly.<ref>Ri, Rosh, Shulchan Aruch 168:9. Chelkat Binyamin 168:63 explains that essentially there's two schools of thought regarding a loan with a security deposit from one Jew to another Jew with a non-Jew in between. The Gra and Levush understand that this depends on whether one may set up a non-Jew agent between two Jews who are transacting with interest. The Shach, Taz 168:14, and Chavot Daat 168:12, on the other hand, think that the security deposit poses its own problem in that it functionally creates a lien of the Jewish lender upon the original borrower Jew. This could be solved if the non-Jew acquired the deposit from the non-Jew in an absolute fashion.</ref> Some say that he may not collect the interest if he knew that it was a Jewish security deposit such as if it is a Jewish article of clothing.<ref>Tur 189:9, Shulchan Aruch 168:9. Bet Yosef 168:9 s.v. yisrael shnatan notes that the Mordechai 338 held within the opinion of Rabbenu Tam that it doesn't matter whether the deposit was clearly Jewish or not.</ref><br />
# If the original Jew wants to get his security deposit back from the other Jew who lent to the non-Jew and the non-Jew isn't cooperating, the lender Jew doesn't need to work with the borrower Jew since they didn't have any transaction one to another.<ref>Rosh responsa 108:8, Rama 168:9</ref><br />
# If a Jew has a security deposit of a non-Jew in his hands and the non-Jew direct him to use it to borrow from another Jew with interest on his behalf, the first Jew may do so.<ref>Mordechai 337 writes that a Jew can use a non-Jew's security deposit to borrow from a Jew with interest if he is instructed so by the non-Jew. The Mordechai seems to apply this even to the case where the Jew didn't have the non-Jew's deposit but instead wanted to gift him a deposit of his own for its value. The Bet Yosef is troubled by this leniency since there's no mechanism by which the non-Jew is actually acquiring the deposit. Taz 168:14 gives a nuanced explanation that it was sold to the second Jew with a condition that the non-Jew could buy it back. Bach 168:13 and Nekudat Hakesef 168:11 explain that once a owner admits to the fact someone else owns his item it halachically belongs to that person (''kinyan odita'') and that is sufficient to remove the prohibition of ribbit. Either way, the Rama 169:11 concludes that we assume that it is impossible to gift a deposit to a non-Jew without him making a physical [[kinyan]] such as meshicha.</ref><br />
====Non-Jew Borrowed from Jew with Collateral and Jewish Agent====<br />
#A Jewish agent brought a collateral from a non-Jew to another Jew in order to borrow with interest. After the loan is due, the lender Jew can ask the agent to show him which non-Jew he lent to but can not ask the agent to pay for the asked the agent to redeem the non-Jew’s collateral and pay for the loan.<ref>Bet Yosef 168:27 cites the Rashba 3:47 who speaks of a case where a Jew brought a collateral from a non-Jew to another Jew in order to borrow with interest, then the lender Jew asked the agent to redeem the non-Jew’s collateral and pay for the loan. The Rashba rules that it is forbidden for the agent Jew to pay the loan and interest since he is merely an agent. He must though indicate to the lender Jew who is the non-Jew who borrowed the money. Shulchan Aruch YD 168:27 codifies the Rashba. Shach 168:83 explains that the agent has no responsibility to sell or buy the collateral from the lender.</ref><br />
<br />
====Non-Jew Selling Jewish Debt====<br />
#If a Jew owed a non-Jew capital and interest, that non-Jew can sell that debt to another Jew. If the non-Jew collects the interest it is permitted for the Jew to accept it, yet if he doesn't then the second Jew shouldn't collect the interest from the first Jew.<ref>Rashba responsa 1:764 cited by Darkei Moshe 168:6, Bedek Habayit 168:27, and Knesset Hagedola (Bet Yosef 168:44).</ref><br />
<br />
====Jew Selling Non-Jewish Debt====<br />
# If a Jew lent a non-Jew with interest upon a security deposit of the non-Jew. Then the non-Jew sold the security deposit to another Jew and he was told to pay the debt to the first Jew and collect the security deposit. This transaction is totally permitted since the loan was made between the Jew and non-Jew and then there was a sale of the non-Jewish debt to a Jew.<ref>Rosh responsa 108:25, Shulchan Aruch 168:12</ref><br />
#However, if the Jew who bought the debt then didn't pay off the debt immediately in order to redeem the deposit and only paid it after some time, thereby accruing a further interest charge upon the non-Jewish lender, the non-Jew may pay that interest charge to the Jewish lender even if the non-Jew in turn forces the Jewish buyer to pay him for that interest charge. But the Jewish buyer may not pay the interest to the Jewish lender because that would paying interest.<ref>Rosh responsa 108:25, Shulchan Aruch 168:12</ref><br />
====When the Deposit was Taken Forcibly====<br />
# If a non-Jew took a security deposit from a Jew forcibly and then used it to borrow with interest from another Jew, that second jew may collect interest from the non-Jew but may not collect interest from the first Jew.<ref>Smak 260, Kol Bo 84, Mordechai 338 citing Riva, Baal Hatrumot 46:4:10 all quoted by the Bet Yosef 168:10</ref> Some disagree and allow collecting the interest.<ref>Rosh cited by Tur 168:10</ref> <br />
# However, under the following two circumstances one may collect the interest according to everyone: <br />
##If the force and responsibility of the loan rests upon the non-Jew besides for the security deposit then it is permitted to collect the interest from the first Jew.<ref>Bet Yosef 168:10 based on the Baal Hatrumot</ref><br />
##Additionally, if the first Jew didn't know that his security deposit was going to be used to borrow from a Jew with interest it isn't any question of interest for him to pay the second Jew the interest to redeem his item.<ref>Maharik 16 cited by Bet Yosef 168:10</ref><br />
====When the Deposit was Given to the Non-Jew Properly====<br />
# If a Jew borrowed from a non-Jew with interest and gave him a security deposit. If the non-Jew takes that deposit and uses it to borrow from another Jew with interest some say that one may not take interest from that transaction, while others say that one can. Generally we are lenient except in the following two circumstances:<ref>Shulchan Aruch 168:10, 20</ref> <br />
##If the non-Jew forcibly took the deposit from the first Jew then we assume that the deposit wasn't really acquired by the non-Jew and so when it is used to borrow against another Jew it is like there's a deal between the two Jews.<ref>Bet Yosef 168:10 in his second answer, Shach 168:26, 67, Taz 168:11. Gra 168:23 disagrees.</ref><br />
##Additionally, if the non-Jew immediately took that deposit from the first Jew and used it to borrow from the second Jew then it appears that he did so only to create a loan between two Jews. However, if he held onto it for some time for himself then it isn't an issue.<ref>Bet Yosef 168:10 in his first answer, Shach 168:67</ref><br />
<br />
====Lending with Interest from a Non-Jewish with a Jewish Agent using a Jewish Security Deposit====<br />
#If a Jew lent from another Jew and got a collateral for that loan, and specified that if the Jew didn’t pay up on time he would either sell the collateral or borrow against it with interest. If he then borrowed against it with interest from a non-Jew, he isn’t responsible to pay the interest for the loan since that was the stipulation. Instead the Jewish borrower needs to pay the interest in order to redeem his collateral.<ref>Rashba responsa cited by Bet Yosef 168:26 explains that once they stipulated that the lender Jew can borrow with interest against the collateral we understand that to mean that the ledner Jew isn’t borrowing from the non-Jew for himself, rather he is doing so as an agent of the other Jew. Therefore, the borrower Jew can repay the interest to the non-Jew and it isn’t interest to the lender Jew since he is neither a lender or a guarantor of the loan, he is simply the agent. Shaar Mishpat 168:13 cites this Rashba but also cites the Maharit YD 46 based on the Maharam who argues that it is an asmachta and isn't binding. Therefore, the lender couldn't lend to the non-Jew with interest on that collateral. Shulchan Gavoha 168:50 cites this Rashba and fundamentally puts it in the same camp as the Rosh which is codfied by Shulchan Aruch 168:26. Kovetz Halichot Horah Ribbit v. 5 p. 316-7 explains that it is necessary for the Rashba and Ramban 71a that the lender Jew be the agent of the original borrower as well as the fact that the non-Jew is collecting from the collateral. The reason is that if it was simply that the non-Jew would collect from the collateral but the Jewish lender was never appointed as an agent then he is in essence borrowing for himself with interest and having another Jew repay his interest using his collateral.</ref><br />
#If a Jew lent from another Jew and got a collateral for that loan, he can then use that collateral to borrow with interest from a non-Jew. He should specify to the non-Jew that he is borrowing on behalf of another Jew and he has no responsibility. Alternatively, if the collateral is worth the entire value of the loan he can use it to borrow from the non-Jew with interest. Then the original borrower Jew can pay the non-Jew the interest and redeem his collateral. The Jewish lender was simply the agent of the first Jew to borrow with interest from a non-Jew.<ref>Tashbetz Katan 486 writes that if the Jewish lender specifies to the non-Jew that he is borrowing on behalf of another Jew it is permitted, otherwise it is like he is borrowing for himself and having the original borrower Jew pay the interest is forbidden. Yet, the Bet Yosef 168:26 points out that the Rosh implies that it is permitted for the original borrower to pay the interest even if the lender Jew didn’t make that stipulation. Shulchan Aruch 168:26 simply quotes the case without specifically mentioning that stipulation. Shach 168:82 explains that the Tashbetz Katan and Rosh agree. Either a stipulation is necessary or having a collateral that is worth the entire value of the loan and interest. Otherwise it is forbidden. Chelkat Binyamin 168:291 agrees. Mayin Ganim Abadi YD 9 shows at length that the Bet Yosef thought that there is a dispute between the Tashbetz Katan and Rosh. The Rosh thinks that even without specifying it is assumed that the non-Jew depends on the collateral and there’s no responsibility upon the Jew. However, the Tashbetz Katan thinks that only if the Jew specifies that is it so, otherwise we assume that the non-Jew will hold responsible the Jew who is borrowing from him as well as from the collateral, in which case it would be forbidden for the original borrower to pay the interest. Erech Lechem 168:17 implies this as well. He explains that the Ran cited in Shulchan Aruch 168:17 implies like the Tashbetz Katan, yet, Shulchan Aruch ultimately sided with the Rosh and Rashba unlike the Tashbetz Katan and Ran.</ref><br />
#If a Jew wants to borrow from a non-Jew with interest and he asks another Jew to be his agent, he can do so. If he gives him a collateral then it isn’t necessary for the agent to specify that he is borrowing on behalf of someone else since the non-Jew is ready to collect from the collateral.<ref>Rosh b”m 5:56, Tur and Shulchan Aruch 168:17. Bet Yosef 168:17 based on the Nemukei Yosef 44a clarifies that it is insufficient to say that the collateral serves as the place where the non-Jew can collect, rather he needs even to specify that he bares no responsibility. Shach 168:52 cites this opinion. Shulchan Aruch 170:1 follows that opinion.</ref> Some say that as long as the collateral is actually worth the value of the loan and interest, then it is automatic that the non-Jew is ready to collect from the collateral and his lein applies to that and not to the Jew.<Ref>Shach 168:51</ref><br />
#If a Jew wants to borrow from a non-Jew with interest and he asks another Jew to be his agent, he can do so. Yet, it is important that the agent specify with the non-Jew that he is indeed borrowing on behalf of another Jew and he bares no responsibility.<ref>Tur and Shulchan Aruch 168:17</ref><br />
#It is an issue if the Jewish agent has any responsibility for the loan even to serve as a guarantor that can be collected from first (Arev Kablan), rather the non-Jew needs to completely be able to collect from the collateral.<Ref>Bet Yosef 168:17 cites the Ran (Nemukei Yosef 42a) who holds that it is forbidden to be an Arev Kablan for another Jew.</ref><br />
<br />
====Borrowing on Behalf of a Community====<br />
#If a few Jewish administrators of a community or communal institution want to borrow with interest from a non-Jew on behalf of the community and then they lent it to the community with interest that is forbidden since ultimately the non-Jew will old the Jewish administrators responsible.<ref>Rashba responsa 5:259 writes that he heard that in many communities they will have the administrators of a community borrow with interest from a non-Jew on behalf of the community and then he lends it out with interest to the rest of the congregation. Rashba writes vehemently that there is nothing to rely upon. Rama 168:17 ambiguously quotes this practice without endorsing it or dismissing it.</ref><br />
#If an administrator for a community borrows from a non-Jew in order to pay for a communal construction project, according to some, he may be paid back by the community including the interest.<ref>Pitchei Teshuva 168:4 cites Chatom Sofer YD 135 who writes that once an administrator of the community borrowed from a non-Jew with interest for building a communal building for guests. Then he charged the community to each pay their share of the cost. He cites the Ranach 58 who permitted a contractor who borrowed with interest from non-Jews to be repaid by the community since they are essentially paying for the building and not interest for a loan.</ref><br />
<br />
===Selling a Non-Jew's Debt to Another Jew===<br />
# If one Jew lent money to a non-Jew with interest he can then sell that loan to another Jew and he should stipulate that this is a complete sale of the loan and they will no longer have any claims upon each other. Thereby the buyer becomes the new lender to the non-Jew and can collect interest.<ref>Shulchan Aruch 168:18. When there is no security deposit, the Shach 168:62 explains that the mechanism isn't exactly a sale since one can't really sell the debt to another Jew. Rather one is forgiving the non-Jew from paying him back. Then the non-Jew can pay the second Jew as he is "considered" according to their intention to be the new lender. In Shach 168:63 he clarifies that he doesn't need to inform the non-Jew of that which he forgave. Netivot Shalom 168:18:9 explains that even though the non-Jew will be paying the second Jew in error he can collect it. Shach 168:63 is in disagreement with the Bach who thinks that it is necessary to alert the non-Jew.</ref> When there is a security deposit from the non-Jew that would have to be transferred to the second Jew with the same stipulation that it is a complete sale and they have no claims upon each other.<ref>Shulchan Aruch Y.D. 168:18</ref> According to Ashkenazim it isn't necessary to make such a clear stipulation since it is assumed that this is the stipulation.<ref>Rama 168:18 following the Mordechai and Rosh teshuva</ref><br />
# A Jew who lent to a non-Jew with interest can sell the non-Jew's loan from a certain date going forward. The first Jew would collect the interest until that date and the second from that date and on.<ref>Tur 168:18</ref><br />
# A Jew who lent a non-Jew for a certain percent he can sell that loan at a lower percent. For example, if the first Jew lent a non-Jew $100 for 10% a year and then resold that debt to another Jew for 5% a year.<ref>Levush, Shach, Chachmat Adam against Taz</ref><br />
# A Jew who lent a non-Jew money for interest can then resell it to a Jew but he may not sell a portion of that loan to a Jew.<Ref>Shach (Nekudat Hakesef on Taz 168:28) and Levush</ref><br />
# A Jew who lent a non-Jew money for interest can't stipulate the buyer resell it to him.<ref>Although the Rama 168:18 is lenient, both the Shach 168:57 and Taz 168:27 disagree.</ref><br />
# A Jew who lent a non-Jew money for interest can sell that debt to a Jew but can't stipulate that he'll sell that debt if the Jew also gives him an additional interest free loan.<ref>The Taz 168:24 in disagreeing with the Levush forbids this. Shach in Nekudat Hakesef and Chachmat Adam cited by Chelkat Binyamin 168:151 are lenient. Netivot Shalom 168:18:14:1 questions the Shach from Shulchan Aruch 166:3 and answers it. Chavot Daat 168:34 forbids because of Shulchan Aruch 160:23 and 172:4. Chelkat Binyamin thinks that even the Shach accepts part of the argument of the Chavot Daat and would forbid anytime that sale of the debt is at a lower price because of the fact that he is also receiving an interest free loan.</ref><br />
# The Jew can resell the non-Jew's debt for a lower interest rate than the non-Jew is giving him.<ref>Rama 168:18</ref><br />
# It is permitted for the buyer of the debt to leave the non-Jew's security deposit in the hands of the original Jewish lender. The responsibility of the security deposit is now upon the second Jew but if they stipulated that the first Jew would have responsibility then he does.<ref>Rama 168:18. Shach 168:58 notes that in such a case it is necessary to do a formal sale of the loan in order for him to leave the security deposit with the first Jew.</ref><br />
#It is forbidden to say that one wants to borrow from another Jew with interest on or in exchange for a non-Jew’s collateral which was given to the first Jew because of a interest loan.<Ref>Rosh responsa 108:28 writes that if a Jew who lent to a non-Jew with interest asks another Jew to lend him money with interest on the collateral he received from the non-Jew that is considered taking interest. What exactly is the issue with this formulation? The Shach contends that as long as one says that one wants to borrow from another Jew with interest on a non-Jewish collateral we can’t reinterepert his words and since he said he wanted to borrow with interest that is how we view his transaction. However, if he wouldn’t explain the transaction at all, we would explain him to mean that he intended to buy it since we’d prefer to say he did something permitted. Chelkat Binyamin 168:236 sides with the Shach. He explains that there’s a fundamental difference between a sale and a loan. A sale is where the first Jew is completely removed from any dealings with the non-Jew and if he collects anything from the non-Jew he must give it to the second Jew. A loan is where the first Jew must pay the second Jew whether or not the non-Jew will pay. The Bach 168:26 disagrees and explains that there is a minhag to be lenient even if one says that one intends to borrow because we reinterpret it to mean to buy. Taz seems to agree. The Bet Yosef and Taz imply that the reason for the Rosh isn’t because of his incriminating words but rather because of his motivation. If the Jewish lender would have borrowed on that collateral for the benefit of the non-Jew it wouldn’t be considered a Jewish loan. However, as long as the motivation is for the needs of the Jew we understand that transaction between the two Jews to be a loan and not a sale.</ref><br />
# If a Jew borrowed from a non-Jew with a collateral and then the non-Jew for his own purposes borrowed from another Jew with the same collateral it is permitted for the second Jew to collect interest from the non-Jew, even if the non-Jew will in turn force the first Jew to pay interest.<ref>Tur 168:20 quotes the Baal Haitur that if a Jew borrowed from a non-Jew with a collateral and now the non-Jew is borrowing from another Jew with the same collateral the second Jew may not accept the interest from the non-Jew since it is as though it is coming from the Jew. However, the Rosh Pesachim 2:10 and Rashba 3:229 disagree. Once the Jew borrows from the non-Jew it is completely permitted and if the non-Jew then borrows from another Jew that is disconnected. The Bet Yosef 168:20 cites the Ran b”m 71b s.v. veharamban and Baal Hatrumot 46:4:10 who side with the Baal Haitur. Yet, the Baal Hatrumot adds that if the non-Jew accepts responsibility for the loan he’s taking from the second Jew it is permitted. Shulchan Aruch 168:20 cites the Rosh and Rashba as the main opinion and the Baal Haitur as some say.</ref><br />
<br />
===Interest Gifted to A Jew or Non-Jew===<br />
# It is forbidden to lend another Jew money in order that he give the interest to a non-Jew.<ref>Shulchan Aruch Y.D. 168:1</ref> <br />
# It is permitted for a Jew to borrow from a non-Jew even if afterwards the non-Jew gives the interest to a Jew.<ref>Shulchan Aruch Y.D. 168:4</ref><br />
==Disputes about the Arrangement==<br />
#If the borrower claims that his lender charged him interest and he should return it, if the lender responds that it was done in a permissible way he is believed without any oath. Some say that it is necessary to specify how it was done permissibly.<ref>Taz 168:36</ref> <br />
#This is true as long as the lender already collected the interest. However, if he has a collateral of the borrower or a legal document that entitles him to collect, he can collect after making an oath. If he responds that he didn’t take any interest or doesn’t know if he took any interest, he is believed only if he takes an oath to that effect. This is true as long as the lender already collected the interest, has a collateral of the borrower, or have a legal document that entitles him to collect. However, in absence of that and the lender hasn’t yet collected if the borrower claims that he doesn’t owe the money due to interest he is believed and doesn’t have to pay.<Ref>Shulchan Aruch and Rama Y.D. 168:25</ref><br />
<br />
==Resources==<br />
*[https://docs.google.com/presentation/d/1ap-s04x1RQAvlRiZsg8wiN5zxmRQlCS8Bl5H4oBcpvs/edit?usp=sharing Slides for YD Siman 168-9]<br />
==Sources==<br />
<references/><br />
[[Category:Ribbit]]</div>YitzchakSultanhttps://halachipedia.com/index.php?title=Interest_with_Non-Jews&diff=25513Interest with Non-Jews2020-04-07T20:23:14Z<p>YitzchakSultan: /* Selling a Non-Jew's Debt to Another Jew */</p>
<hr />
<div><br />
=Who can you take interest from?=<br />
==Non-Jews==<br />
# It is permitted to lend to and borrow from non-Jews with interest.<ref>The Gemara Bava Metsia 70b states that it is permitted to charge non-Jews ribbit and there is only a rabbinic prohibition to do so. The reason the rabbis forbade it is that they didn’t want people to learn from the non-Jews by interacting with them too much. They only permitted it for a talmid chacham or someone who needs to make money to survive. This is codified by the Rambam and Rif. However, Tosfot 70b s.v. tashich writes that today we lend with interest to non-Jews for three reasons: 1) we follow the opinion that there’s no rabbinic prohibition to lend to non-Jews at all. 2) Due to the high taxes we have to charge non-Jews interest otherwise financially wouldn’t survive and it is considered necessary for our livelihood. 3) Really based on the reason of the prohibition it is prohibited to do any business with non-Jews and if we didn’t do that we wouldn’t survive. Meiri b”m 70b agrees with reason two. Tur YD 159:1 cites the last reason of Tosfot. Shulchan Aruch and Rama Y.D. 159:1 simply writes that nowadays it is permitted to lend non-Jews with interest.</ref><br />
#Nowadays in Israel it is forbidden to lend non-Jews money with interest since it is possible to do business with Jews exclusively. Yet it would be permitted in order to make a livelihood but not to make oneself wealthy.<ref>Netivot Shalom YD 159:1:16 writes that today in Israel since it is possible to do without lending non-Jews with interest it is unclear if it is permitted to do so nowadays. Additionally, Rav Moshe Halevi in Malveh Hashem 5:3 writes that Jews who live in Israel should be strict not to lend non-Jews with interest since it is possible to transact with Jews and be financially stable. He explains that none of the reasons of Tosfot apply today except that perhaps we don't hold that there's any prohibition which is rejected. Similarly, Rav Shlomo Mazuz in Kerem Shlomo 159:8 is strict. Rav Ovadia Yosef in Halichot Olam v. 8 p. 3 writes that we hold that as long as it is difficult to do business only to Jews it is permitted in accordance with Tosfot, however, we do not hold that once the gezerah stopped applying it is nullified completely.</ref> Some poskim are lenient even in Israel.<ref>Chut Shani 2:1 p. 39 writes that even nowadays it is permitted to lend a non-Jew with interest even though in Israel we can support ourselves without business to non-Jews. Since there is some business with non-Jews and non-religious Jews the leniencies are still relevant. Chelkat Binyamin 159:10 (written in America) is lenient in all cases.</ref> <br />
# Even outside Israel one should be strict if one can.<ref>Chachmat Adam 130:6 writes that any honest man who could avoid taking interest from non-Jews should do so.</ref> Some say that for an impersonal bank it is permitted since one hardly interacts with the non-Jews.<ref> Chelkat Binyamin 159:1 s.v. vhaidna writes that one doesn’t have to be strict for the Chachmat Adam if one is lending to a bank and one only has to interact with them minimally.</ref> <br />
#It is permitted to borrow with interest from non-Jews.<ref>Rambam Malveh Vloveh 5:2 explains that they never prohibited it lest one come to learn from their ways since it is normal for a borrower to avoid the lender and not learn from him. Meiri b”m 70b agrees. Chazon Ovadia Shabbat v. 1 p. 7 and Malveh Hashem 5:5 codify this as the halacha.</ref><br />
<br />
==Non-Religious Jew==<br />
# It is permitted to lend to a non-religious Jew with interest if he was brought up religious and later became non-religious.<Ref>Shulchan Aruch 159:2</ref> Initially this should be avoided.<ref>Rama 159:2</ref><br />
# One may not lend a non-religious Jew who is raised as a non-religious Jew with interest.<reF>Shulchan Aruch and Rama 159:3 forbid lending with ribbit to someone who is a tinok shenishba. Gemara Shabbat 68b clarifies that a child who was captive among non-Jews (tinok shenishba) and didn't know about Shabbat is considered as though he sinned unintentionally. Brit Yehuda 30:12 agree. Rambam Mamrim 3:3 writes that the sons of the karaites who were brought up with the mistakes of their parents aren't considered minim but should be returned in teshuva. (Yet, see the manuscript editions which include another few words that alter the meaning of the Rambam.) Pirush Mishnayot Chullin 1:2 writes that someone who reject tenants of our faith are considered minim. However, someone who was born into a family and background with such thoughts aren't culpable and are similar to a tinok shenishba. Binyan Tzion Chadashot 23 posits that many of the non-religious Jews today are considered tinok shenishba since they're following the ways of their fathers. <br />
* Chazon Ish YD 1:6 writes that once we try to teach him about the Orthodox ways and he turns it down he is considered to be a mumar. The amount of effort necessary to spend in trying to teach him is subjective and is left up to the judgement of the rabbis of each generation. Additionally, once he is aware of the Orthodox Jews and practices even without trying to teach him he can be considered a mumar. However, that too depends on how aware he was of the Orthodox Jews and to what degree and with what intensity his parents taught his otherwise. This is the basis for the dispute whether Karaites are mumarim. </ref> This applies to conservative and reform Jews today.<ref>Igrot Moshe 4:91:6, Chelkat Binyamin 159:22</ref><br />
# Some say that it is permitted to lend the Karaites with interest.<ref>Shulchan Aruch 159:3. Bet Yosef 159:3 cites the Pirush Mishnayot Chullin 1:2 where the Rambam says that karaites are like tinok shenishba and it is forbidden to lend them with interest. Bet Yosef points out that the Nemukei Yosef 42b quotes the Ri who says that anyone who once recognized Orthodox Jews isn’t a tinok shenishba disagrees with this Rambam. Shulchan Aruch follows the Rambam. However, the Shach 159:6 cites the Maharshal, Maharnach 113, Rash quoted by Mabit 1:38, Rav Betzalel 3 who are strict. Nekudat Hakesef he writes that the halacha on this matter is unresolved. Chelkat Binyamin 159:21 concludes with the Graz who is strict.</ref><br />
<br />
==Arrangements of Loans Between Several Parties==<br />
===Lending A Non-Jew's Money to A Jew with Interest===<br />
# If a person borrowed money from a non-Jew with interest it is forbidden to then lend that money to another Jew with interest.<ref>Shulchan Aruch Y.D. 168:1</ref><br />
# If a person borrowed money from a non-Jew with interest and then before he returns it another Jew wants that loan and is willing to pay the interest to the non-Jewish lender, one may only give that loan to the second Jew under one of two methods. Both of these methods free the first Jew from any financial relationship with the second Jew:<br />
## The non-Jew tells the first Jew to leave the money in a certain location and he will be exempt<ref>Although Shulchan Aruch 168:3 hold that it is sufficient for the non-Jew to state that you can leave the money in a certain location for the second Jew and it is understood that he is exempt from the loan obligation, Shach 168:7, Taz 168:3, and Gra 168:6 all hold that it is necessary to state so explicitly.</ref> and then the second Jew takes it from there.<ref>Shulchan Aruch Y.D. 168:3</ref> <br />
## The first Jew returns the money to the non-Jew and he then gives it to the second Jew. No words need to be spoken since it is understood that when the non-Jew took the money from the first Jew he was exempting him from his loan.<ref>Shulchan Aruch Y.D. 168:2</ref><br />
## It isn't a solution for the non-Jew to simply tell the first Jew to hand the money over to the second Jew and he'll be exempt since that appears as though the two Jews lent money with interest.<ref>Shulchan Aruch Y.D. 168:1</ref><br />
===Lending with Interest with a Non-Jewish Agent===<br />
# A non-Jew who borrowed from a Jew and is ready to return the money, if he finds another Jew to borrow that money with interest can give it to him with interest. However, if the non-Jew brought the money to the lender Jew he can't lend it to another Jew since that considered a loan between the lender and the other Jew with interest. Obviously this is forbidden if the non-Jew actually gave the money back to the lender that the lender may not lend that money to a Jew with interest. Additionally it is forbidden if the non-Jew put the money on the ground for the other Jew to pick up and the lender stated that the non-Jew would be exempt once he placed the money on the ground. These are all considered Biblical interest.<ref>Gemara Bava Metsia 71b, Shulchan Aruch Y.D. 168:6</ref> However, if the non-Jew simply hands the money to the borrower Jew in the presence of the lender Jew, most rishonim hold that this is rabbinically forbidden since the non-Jew is an agent of the borrower. However, there is a minority opinion in the rishonim who allows this.<ref>Rashi Bava Metsia 71b s.v. v'im explains that the conclusion of the Gemara was that there is a concept of agency for two Jews to create a loan between them with interest. This is rabbinically forbidden. This is the opinion of the Rif, Ramban, Rashba, Ran, and Nemukei Yosef all cited by the Bet Yosef 168:6. The Rambam Malveh Vloveh 5:4 however holds it is Biblically forbidden. On the other hand, Rabbenu Tam held that the gemara backed out of that stringency and so it is permitted. Rosh responsa 108:11 ponders how someone could possibly rule like Rabbenu Tam when it seems that it is forbidden and Rabbenu Tam brought no proofs. Either way, there the Rosh rejects following Rabbenu Tam initially. He is aware of the practice of some people to follow Rabbenu Tam but he argues that it is incorrect and the lender could only accept the interest if he is unaware that the non-Jew is borrowing the money for the other Jew.</ref> The halacha is not to accept this minority opinion.<ref>Shulchan Aruch Y.D. 168:6 completely rejects Rabbenu Tam's opinion. Rama 168:5 and 7 cites Rabbenu Tam however he says that one should only follow that opinion where there is a minhag. Chelkat Binyamin 168:51 writes that we don't follow the Rabbenu Tam since it is a question of Biblical interest.</ref><br />
# It is forbidden for a Jew to arrange with a non-Jew to lend your money to him in order that he lend it to another Jew with interest.<ref>Rashba teshuva 3:243 writes that it is forbidden to lend your money to him in order that he lend it to another Jew with interest since that is a mere legal fiction and is considered taking interest. Also, there is a concept of shelichut for a non-Jew to be considered a shelichut for purposes of being strict. That is, the rabbis view this transaction as though the non-Jew is an agent of the Jews and it is a loan between two Jews. Shulchan Aruch Y.D. 168:5 rule like the Rashba. The Shach 168:10 points out that the Rama would agree as well. Malveh Hashem 1:5:12 agrees. However, the Netivot Shalom 168:5:5 argues at length that the Rama never accepted this approach of the Rashba who expanded the concept of legal fictions for ribbit. The entire concept of Rabbenu Tam who allowed having a non-Jewish agent to arrange the loan with interest or Rashi's opinion who allowed a Jewish agent to arrange the loan with interest, both of which are cited by the Rama indicate that he was not concerned with the expansions of the Rashba. This is further supported by the fact that the Rama 168:5 implies that the reason for Shulchan Aruch is completely other than the reason of making a legal fiction out of taking interest. Netivot Shalom brings sources that show that there's a fundamental dispute of how far reaching is prohibition of using legal loopholes in interest (haramat ribbit) between the Maharam and Rashba. Netivot Shalom 166:6:13 extends this discussion to that of using a heter iska and the Gra's opinion that it violates haramat ribbit.</ref> After the fact it is forbidden to take the interest since the non-Jewish agent is merely a ruse and it was really a loan with interest from a Jew.<ref>Netivot Shalom 168:5:6 explains that the haramat ribbit that the Rashba was discussing was because the real intention of the parties was to create a loan between the two Jews and so it is completely ribbit, which is forbidden even after the fact. However, the Malveh Hashem 1:5:12 writes that this haramat ribit of the Rashba is purely legal fiction that is valid, though it is forbidden to arrange. Therefore, if it was already collected certainly it doesn't need to be returned.</ref><br />
#If the lender didn't know about the fact that the borrower appointed the non-Jew to borrow for him from a Jew with interest he can keep the interest<ref>Shulchan Aruch Y.D. 168:7</ref> and some allow him to even collect the interest once it was arranged.<ref><br />
* Derisha 168:4 explains that it is absolutely forbidden for the lender to make the borrower pay the interest since it is forbidden for the borrower to pay it, however, it already happened then the lender can keep it. <br />
* Shach 168:17 argues that it is permitted for the lender to make the borrower pay the interest since it was done without his knowledge and in such a case it isn't really forbidden for the borrower with respect to the lender. Chelkat Binyamin 168:55 and 57 rules like the Shach and explains that once the lender wasn't aware of the appointment of the non-Jew by the borrower it isn't forbidden for the borrower to pay the interest. The only aspect that was forbidden is the arrangement of the loan. <br />
* Netivot Shalom 168:7:6 writes that the Teshuvat Ri doesn't imply like the Derisha at all. Netivot Shalom 168:7:6 reads the Bet Yosef in accordance with the Derisha. However, the Chelkat Binyamin (168 Tziyunim 136) argues that the Bet Yosef held like the Shach.</ref> Sephardim are more strict and only allow this completely after the fact that the interest was collected.<ref>Horah Brurah 168:31. There he mentions the idea that the Bet Yosef suggests which is if the lender doesn't know from witnesses that the borrower appointed the non-Jew to be his agent and the borrower himself since he didn't appoint the non-Jew then the lender could collect the interest. Horah Brurah concludes that one may only rely upon this after the fact.</ref><br />
# If a Jew told a non-Jew to borrow for him from another non-Jew with interest and he went and borrowed from a Jew with interest the borrower can even pay the interest.<ref>Mordechai b"m 337, Shulchan Aruch Y.D. 168:8. Shach 168:19 and Taz 168:9 argue that just like the lender can collect the interest the borrower can pay it. However, it appears from the Bet Yosef that only the lender can collect it but it is forbidden for the lender to collect it. Horah Brurah 168:34 follows the Shach and Taz that if the non-Jew didn't follow the orders of the borrower it is then permitted for both the lender and borrower to exchange the interest at the end.</ref><br />
===Non-Jew borrowing with Interest from a Jew through a Jewish Agent===<br />
# If a non-Jew asks a Jew to borrow for him from another Jew with interest the Jewish agent may do his job as long as he says clearly that he is borrowing with interest on behalf of a non-Jew or the transaction is happening in the presence of the non-Jew.<ref>Ran b"m 71b s.v. mahu, Nemukei Yosef 42a, Hagaot Ashri 5:42, Rosh responsa 108:5, Raavan 103, and Smak 260 all cited by Bet Yosef 168:13. Baal Hatrumot 46:4:10 citing Ramban b"m 71b s.v. vgoy explains that even though the Jewish agent can't halachically become the agent of the non-Jew since there's no agency for non-Jews, the Jewish agent can be the agent of the lender.</ref> <br />
# The agent can't take upon himself responsibility for the capital or the interest. If he takes upon himself responsibility for either one that is considered as though the agent is a borrower and there is interest when the lender takes interest from the borrower.<ref>Shulchan Aruch 168:13</ref><br />
# The agent can't take upon himself responsibility for the collateral getting lost or stolen, rather the lender needs to take such responsibility. If he takes upon the regular type of responsibility as a [[shomer]] would generally take that is permitted. However, he may not take responsibility for unexpected circumstances.<ref>Shulchan Aruch Y.D. 168:16 based on the Rosh in disagreement with the Ramah who allowed taking even responsibility for unexpected events. </ref> If they didn't specify this responsibility and it was left unclear, after the fact, we can assume that the Jewish lender and the agent would want to arrange it in the permitted fashion.<ref>Shach 168:36 citing Bach, Baal Hatrumot 46:4:10 citing Ramban</ref><br />
# If the non-Jew never comes to pay the loan with the interest the agent may not pay it.<ref>Shulchan Aruch Y.D. 168:14</ref><br />
## Additionally, the lender may not force the agent to buy the collateral for the price of the capital and interest.<ref>Rama 168:14, Shach 168:47, Taz 168:20, Bach 168:15, Chelkat Binyamin 168:148. According to the Taz this is even the opinion of Shulchan Aruch, but according to the Shach and Bach this is only the opinion of the Rama and Shulchan Aruch would disagree.</ref><br />
## However, if the agent wants to buy the collateral for the capital and interest he can do so.<ref>Rama 168:14, Shach 168:47, Taz 168:20, Bach 168:15</ref><br />
# If the non-Jew never comes to pay the loan the lender can sell the collateral and keep the value. The agent can't stop the lender from doing so out of fear of the non-Jew since the lender isn't really incumbent to the agent or the non-Jew.<ref>Shulchan Aruch Y.D. 168:15, Rosh responsa 108:6</ref> Some say that if the agent was originally appointed by the lender to do this loan with the non-Jew, then if the agent is afraid of the ramifications of the lender selling the collateral, then the lender must listen and if he doesn't then he must pay for damages to the agent.<ref>Levush 168:15, Shach 168:50, Chelkat Binyamin 168:156. The explanation of the Levush is that essentially since the agent isn't a borrower he can tell the lender to do or not do something and that poses no issue. The lender should be cautious of the damages that can occur to the agent, however, if the agent arranged with the non-Jew and not the lender, then the lender doesn't have to be concerned. It is the responsibility of the agent. If the agent was originated commissioned by the Jewish lender then it is a concern for the lender that he doesn't cause a damage to the agent. The Taz 168:20 and Bet Meir disagree with the Levush. They hold that the lender doesn't have to listen to the agent in any event. They explain that the source for this halacha is the Rosh and he held that the borrower shouldn't take any responsibility for the collateral and yet he writes that he doesn't need to listen to the agent. Shach in Nekudat Hakesef 168:14 answers that these are two separate statements of the Rosh. The Bet Meir doesn't understand the Shach since the Rosh either way would discuss a permissible case according to his opinion.</ref><br />
<br />
===Lending with Interest from a Non-Jewish with a Jewish Agent using a Security Deposit===<br />
[[Image:Taking Mashkon from Non-Jew.png|300px|right]]<br />
[[Image:Returning Mashkon to Non-Jew.png| 350px| right]]<br />
# Some permit borrowing from a non-Jew with a security deposit so that they can in turn borrow with interest from another Jew with that security deposit. This is permitted since the non-Jew takes responsibility for the original loan and it is treated as two loans and not one. Ashkenazim can rely on this opinion.<ref>Ri cited by Rosh b"m 5:55, Rosh responsa 108:11, Rama 168:8 seems to support this approach. Darkei Moshe 168:4 quotes the Mordechai and Hagahot Ashri who held that it is permitted even initially. Darkei Moshe 168:9 cites the Kol Bo 84 and Hagahot Maimoniyot Malveh 5:3 who says that the minhag was like the Ri</ref> Others hold that generally this is forbidden to arrange but if one explicitly tells the non-Jew that he has responsibility for the loan then it is permitted.<ref>Ramban b"m 71b s.v. vbar cited by Tur 168:9, Rashba 7:321, Nemukei Yosef 42a, Talmidei Harashba, and Baal Hatrumot 46:4:10 s.v. vkatav alav haramban cited by Bet Yosef 168:9</ref><br />
# Even according to the strict opinion, a lender to a non-Jew with interest who collected a deposit from him which came originally from a Jew can collect the interest as long as he isn't certain that it was arranged improperly.<ref>Ri, Rosh, Shulchan Aruch 168:9. Chelkat Binyamin 168:63 explains that essentially there's two schools of thought regarding a loan with a security deposit from one Jew to another Jew with a non-Jew in between. The Gra and Levush understand that this depends on whether one may set up a non-Jew agent between two Jews who are transacting with interest. The Shach, Taz 168:14, and Chavot Daat 168:12, on the other hand, think that the security deposit poses its own problem in that it functionally creates a lien of the Jewish lender upon the original borrower Jew. This could be solved if the non-Jew acquired the deposit from the non-Jew in an absolute fashion.</ref> Some say that he may not collect the interest if he knew that it was a Jewish security deposit such as if it is a Jewish article of clothing.<ref>Tur 189:9, Shulchan Aruch 168:9. Bet Yosef 168:9 s.v. yisrael shnatan notes that the Mordechai 338 held within the opinion of Rabbenu Tam that it doesn't matter whether the deposit was clearly Jewish or not.</ref><br />
# If the original Jew wants to get his security deposit back from the other Jew who lent to the non-Jew and the non-Jew isn't cooperating, the lender Jew doesn't need to work with the borrower Jew since they didn't have any transaction one to another.<ref>Rosh responsa 108:8, Rama 168:9</ref><br />
# If a Jew has a security deposit of a non-Jew in his hands and the non-Jew direct him to use it to borrow from another Jew with interest on his behalf, the first Jew may do so.<ref>Mordechai 337 writes that a Jew can use a non-Jew's security deposit to borrow from a Jew with interest if he is instructed so by the non-Jew. The Mordechai seems to apply this even to the case where the Jew didn't have the non-Jew's deposit but instead wanted to gift him a deposit of his own for its value. The Bet Yosef is troubled by this leniency since there's no mechanism by which the non-Jew is actually acquiring the deposit. Taz 168:14 gives a nuanced explanation that it was sold to the second Jew with a condition that the non-Jew could buy it back. Bach 168:13 and Nekudat Hakesef 168:11 explain that once a owner admits to the fact someone else owns his item it halachically belongs to that person (''kinyan odita'') and that is sufficient to remove the prohibition of ribbit. Either way, the Rama 169:11 concludes that we assume that it is impossible to gift a deposit to a non-Jew without him making a physical [[kinyan]] such as meshicha.</ref><br />
====Non-Jew Borrowed from Jew with Collateral and Jewish Agent====<br />
#A Jewish agent brought a collateral from a non-Jew to another Jew in order to borrow with interest. After the loan is due, the lender Jew can ask the agent to show him which non-Jew he lent to but can not ask the agent to pay for the asked the agent to redeem the non-Jew’s collateral and pay for the loan.<ref>Bet Yosef 168:27 cites the Rashba 3:47 who speaks of a case where a Jew brought a collateral from a non-Jew to another Jew in order to borrow with interest, then the lender Jew asked the agent to redeem the non-Jew’s collateral and pay for the loan. The Rashba rules that it is forbidden for the agent Jew to pay the loan and interest since he is merely an agent. He must though indicate to the lender Jew who is the non-Jew who borrowed the money. Shulchan Aruch YD 168:27 codifies the Rashba. Shach 168:83 explains that the agent has no responsibility to sell or buy the collateral from the lender.</ref><br />
<br />
====Non-Jew Selling Jewish Debt====<br />
#If a Jew owed a non-Jew capital and interest, that non-Jew can sell that debt to another Jew. If the non-Jew collects the interest it is permitted for the Jew to accept it, yet if he doesn't then the second Jew shouldn't collect the interest from the first Jew.<ref>Rashba responsa 1:764 cited by Darkei Moshe 168:6, Bedek Habayit 168:27, and Knesset Hagedola (Bet Yosef 168:44).</ref><br />
<br />
====Jew Selling Non-Jewish Debt====<br />
# If a Jew lent a non-Jew with interest upon a security deposit of the non-Jew. Then the non-Jew sold the security deposit to another Jew and he was told to pay the debt to the first Jew and collect the security deposit. This transaction is totally permitted since the loan was made between the Jew and non-Jew and then there was a sale of the non-Jewish debt to a Jew.<ref>Rosh responsa 108:25, Shulchan Aruch 168:12</ref><br />
#However, if the Jew who bought the debt then didn't pay off the debt immediately in order to redeem the deposit and only paid it after some time, thereby accruing a further interest charge upon the non-Jewish lender, the non-Jew may pay that interest charge to the Jewish lender even if the non-Jew in turn forces the Jewish buyer to pay him for that interest charge. But the Jewish buyer may not pay the interest to the Jewish lender because that would paying interest.<ref>Rosh responsa 108:25, Shulchan Aruch 168:12</ref><br />
====When the Deposit was Taken Forcibly====<br />
# If a non-Jew took a security deposit from a Jew forcibly and then used it to borrow with interest from another Jew, that second jew may collect interest from the non-Jew but may not collect interest from the first Jew.<ref>Smak 260, Kol Bo 84, Mordechai 338 citing Riva, Baal Hatrumot 46:4:10 all quoted by the Bet Yosef 168:10</ref> Some disagree and allow collecting the interest.<ref>Rosh cited by Tur 168:10</ref> <br />
# However, under the following two circumstances one may collect the interest according to everyone: <br />
##If the force and responsibility of the loan rests upon the non-Jew besides for the security deposit then it is permitted to collect the interest from the first Jew.<ref>Bet Yosef 168:10 based on the Baal Hatrumot</ref><br />
##Additionally, if the first Jew didn't know that his security deposit was going to be used to borrow from a Jew with interest it isn't any question of interest for him to pay the second Jew the interest to redeem his item.<ref>Maharik 16 cited by Bet Yosef 168:10</ref><br />
====When the Deposit was Given to the Non-Jew Properly====<br />
# If a Jew borrowed from a non-Jew with interest and gave him a security deposit. If the non-Jew takes that deposit and uses it to borrow from another Jew with interest some say that one may not take interest from that transaction, while others say that one can. Generally we are lenient except in the following two circumstances:<ref>Shulchan Aruch 168:10, 20</ref> <br />
##If the non-Jew forcibly took the deposit from the first Jew then we assume that the deposit wasn't really acquired by the non-Jew and so when it is used to borrow against another Jew it is like there's a deal between the two Jews.<ref>Bet Yosef 168:10 in his second answer, Shach 168:26, 67, Taz 168:11. Gra 168:23 disagrees.</ref><br />
##Additionally, if the non-Jew immediately took that deposit from the first Jew and used it to borrow from the second Jew then it appears that he did so only to create a loan between two Jews. However, if he held onto it for some time for himself then it isn't an issue.<ref>Bet Yosef 168:10 in his first answer, Shach 168:67</ref><br />
<br />
====Lending with Interest from a Non-Jewish with a Jewish Agent using a Jewish Security Deposit====<br />
#If a Jew lent from another Jew and got a collateral for that loan, and specified that if the Jew didn’t pay up on time he would either sell the collateral or borrow against it with interest. If he then borrowed against it with interest from a non-Jew, he isn’t responsible to pay the interest for the loan since that was the stipulation. Instead the Jewish borrower needs to pay the interest in order to redeem his collateral.<ref>Rashba responsa cited by Bet Yosef 168:26 explains that once they stipulated that the lender Jew can borrow with interest against the collateral we understand that to mean that the ledner Jew isn’t borrowing from the non-Jew for himself, rather he is doing so as an agent of the other Jew. Therefore, the borrower Jew can repay the interest to the non-Jew and it isn’t interest to the lender Jew since he is neither a lender or a guarantor of the loan, he is simply the agent. Shaar Mishpat 168:13 cites this Rashba but also cites the Maharit YD 46 based on the Maharam who argues that it is an asmachta and isn't binding. Therefore, the lender couldn't lend to the non-Jew with interest on that collateral. Shulchan Gavoha 168:50 cites this Rashba and fundamentally puts it in the same camp as the Rosh which is codfied by Shulchan Aruch 168:26. Kovetz Halichot Horah Ribbit v. 5 p. 316-7 explains that it is necessary for the Rashba and Ramban 71a that the lender Jew be the agent of the original borrower as well as the fact that the non-Jew is collecting from the collateral. The reason is that if it was simply that the non-Jew would collect from the collateral but the Jewish lender was never appointed as an agent then he is in essence borrowing for himself with interest and having another Jew repay his interest using his collateral.</ref><br />
#If a Jew lent from another Jew and got a collateral for that loan, he can then use that collateral to borrow with interest from a non-Jew. He should specify to the non-Jew that he is borrowing on behalf of another Jew and he has no responsibility. Alternatively, if the collateral is worth the entire value of the loan he can use it to borrow from the non-Jew with interest. Then the original borrower Jew can pay the non-Jew the interest and redeem his collateral. The Jewish lender was simply the agent of the first Jew to borrow with interest from a non-Jew.<ref>Tashbetz Katan 486 writes that if the Jewish lender specifies to the non-Jew that he is borrowing on behalf of another Jew it is permitted, otherwise it is like he is borrowing for himself and having the original borrower Jew pay the interest is forbidden. Yet, the Bet Yosef 168:26 points out that the Rosh implies that it is permitted for the original borrower to pay the interest even if the lender Jew didn’t make that stipulation. Shulchan Aruch 168:26 simply quotes the case without specifically mentioning that stipulation. Shach 168:82 explains that the Tashbetz Katan and Rosh agree. Either a stipulation is necessary or having a collateral that is worth the entire value of the loan and interest. Otherwise it is forbidden. Chelkat Binyamin 168:291 agrees. Mayin Ganim Abadi YD 9 shows at length that the Bet Yosef thought that there is a dispute between the Tashbetz Katan and Rosh. The Rosh thinks that even without specifying it is assumed that the non-Jew depends on the collateral and there’s no responsibility upon the Jew. However, the Tashbetz Katan thinks that only if the Jew specifies that is it so, otherwise we assume that the non-Jew will hold responsible the Jew who is borrowing from him as well as from the collateral, in which case it would be forbidden for the original borrower to pay the interest. Erech Lechem 168:17 implies this as well. He explains that the Ran cited in Shulchan Aruch 168:17 implies like the Tashbetz Katan, yet, Shulchan Aruch ultimately sided with the Rosh and Rashba unlike the Tashbetz Katan and Ran.</ref><br />
#If a Jew wants to borrow from a non-Jew with interest and he asks another Jew to be his agent, he can do so. If he gives him a collateral then it isn’t necessary for the agent to specify that he is borrowing on behalf of someone else since the non-Jew is ready to collect from the collateral.<ref>Rosh b”m 5:56, Tur and Shulchan Aruch 168:17. Bet Yosef 168:17 based on the Nemukei Yosef 44a clarifies that it is insufficient to say that the collateral serves as the place where the non-Jew can collect, rather he needs even to specify that he bares no responsibility. Shach 168:52 cites this opinion. Shulchan Aruch 170:1 follows that opinion.</ref> Some say that as long as the collateral is actually worth the value of the loan and interest, then it is automatic that the non-Jew is ready to collect from the collateral and his lein applies to that and not to the Jew.<Ref>Shach 168:51</ref><br />
#If a Jew wants to borrow from a non-Jew with interest and he asks another Jew to be his agent, he can do so. Yet, it is important that the agent specify with the non-Jew that he is indeed borrowing on behalf of another Jew and he bares no responsibility.<ref>Tur and Shulchan Aruch 168:17</ref><br />
#It is an issue if the Jewish agent has any responsibility for the loan even to serve as a guarantor that can be collected from first (Arev Kablan), rather the non-Jew needs to completely be able to collect from the collateral.<Ref>Bet Yosef 168:17 cites the Ran (Nemukei Yosef 42a) who holds that it is forbidden to be an Arev Kablan for another Jew.</ref><br />
<br />
====Borrowing on Behalf of a Community====<br />
#If a few Jewish administrators of a community or communal institution want to borrow with interest from a non-Jew on behalf of the community and then they lent it to the community with interest that is forbidden since ultimately the non-Jew will old the Jewish administrators responsible.<ref>Rashba responsa 5:259 writes that he heard that in many communities they will have the administrators of a community borrow with interest from a non-Jew on behalf of the community and then he lends it out with interest to the rest of the congregation. Rashba writes vehemently that there is nothing to rely upon. Rama 168:17 ambiguously quotes this practice without endorsing it or dismissing it.</ref><br />
#If an administrator for a community borrows from a non-Jew in order to pay for a communal construction project, according to some, he may be paid back by the community including the interest.<ref>Pitchei Teshuva 168:4 cites Chatom Sofer YD 135 who writes that once an administrator of the community borrowed from a non-Jew with interest for building a communal building for guests. Then he charged the community to each pay their share of the cost. He cites the Ranach 58 who permitted a contractor who borrowed with interest from non-Jews to be repaid by the community since they are essentially paying for the building and not interest for a loan.</ref><br />
<br />
===Selling a Non-Jew's Debt to Another Jew===<br />
# If one Jew lent money to a non-Jew with interest he can then sell that loan to another Jew and he should stipulate that this is a complete sale of the loan and they will no longer have any claims upon each other. Thereby the buyer becomes the new lender to the non-Jew and can collect interest.<ref>Shulchan Aruch 168:18. When there is no security deposit, the Shach 168:62 explains that the mechanism isn't exactly a sale since one can't really sell the debt to another Jew. Rather one is forgiving the non-Jew from paying him back. Then the non-Jew can pay the second Jew as he is "considered" according to their intention to be the new lender. In Shach 168:63 he clarifies that he doesn't need to inform the non-Jew of that which he forgave. Netivot Shalom 168:18:9 explains that even though the non-Jew will be paying the second Jew in error he can collect it. Shach 168:63 is in disagreement with the Bach who thinks that it is necessary to alert the non-Jew.</ref> When there is a security deposit from the non-Jew that would have to be transferred to the second Jew with the same stipulation that it is a complete sale and they have no claims upon each other.<ref>Shulchan Aruch Y.D. 168:18</ref> According to Ashkenazim it isn't necessary to make such a clear stipulation since it is assumed that this is the stipulation.<ref>Rama 168:18 following the Mordechai and Rosh teshuva</ref><br />
# A Jew who lent to a non-Jew with interest can sell the non-Jew's loan from a certain date going forward. The first Jew would collect the interest until that date and the second from that date and on.<ref>Tur 168:18</ref><br />
# A Jew who lent a non-Jew for a certain percent he can sell that loan at a lower percent. For example, if the first Jew lent a non-Jew $100 for 10% a year and then resold that debt to another Jew for 5% a year.<ref>Levush, Shach, Chachmat Adam against Taz</ref><br />
# A Jew who lent a non-Jew money for interest can then resell it to a Jew but he may not sell a portion of that loan to a Jew.<Ref>Shach (Nekudat Hakesef on Taz 168:28) and Levush</ref><br />
# A Jew who lent a non-Jew money for interest can't stipulate the buyer resell it to him.<ref>Although the Rama 168:18 is lenient, both the Shach 168:57 and Taz 168:27 disagree.</ref><br />
# A Jew who lent a non-Jew money for interest can sell that debt to a Jew but can't stipulate that he'll sell that debt if the Jew also gives him an additional interest free loan.<ref>The Taz 168:24 in disagreeing with the Levush forbids this. Shach in Nekudat Hakesef and Chachmat Adam cited by Chelkat Binyamin 168:151 are lenient. Netivot Shalom 168:18:14:1 questions the Shach from Shulchan Aruch 166:3 and answers it. Chavot Daat 168:34 forbids because of Shulchan Aruch 160:23 and 172:4. Chelkat Binyamin thinks that even the Shach accepts part of the argument of the Chavot Daat and would forbid anytime that sale of the debt is at a lower price because of the fact that he is also receiving an interest free loan.</ref><br />
# The Jew can resell the non-Jew's debt for a lower interest rate than the non-Jew is giving him.<ref>Rama 168:18</ref><br />
# It is permitted for the buyer of the debt to leave the non-Jew's security deposit in the hands of the original Jewish lender. The responsibility of the security deposit is now upon the second Jew but if they stipulated that the first Jew would have responsibility then he does.<ref>Rama 168:18. Shach 168:58 notes that in such a case it is necessary to do a formal sale of the loan in order for him to leave the security deposit with the first Jew.</ref><br />
<br />
===Interest Gifted to A Jew or Non-Jew===<br />
# It is forbidden to lend another Jew money in order that he give the interest to a non-Jew.<ref>Shulchan Aruch Y.D. 168:1</ref> <br />
# It is permitted for a Jew to borrow from a non-Jew even if afterwards the non-Jew gives the interest to a Jew.<ref>Shulchan Aruch Y.D. 168:4</ref><br />
==Disputes about the Arrangement==<br />
#If the borrower claims that his lender charged him interest and he should return it, if the lender responds that it was done in a permissible way he is believed without any oath. Some say that it is necessary to specify how it was done permissibly.<ref>Taz 168:36</ref> <br />
#This is true as long as the lender already collected the interest. However, if he has a collateral of the borrower or a legal document that entitles him to collect, he can collect after making an oath. If he responds that he didn’t take any interest or doesn’t know if he took any interest, he is believed only if he takes an oath to that effect. This is true as long as the lender already collected the interest, has a collateral of the borrower, or have a legal document that entitles him to collect. However, in absence of that and the lender hasn’t yet collected if the borrower claims that he doesn’t owe the money due to interest he is believed and doesn’t have to pay.<Ref>Shulchan Aruch and Rama Y.D. 168:25</ref><br />
<br />
==Resources==<br />
*[https://docs.google.com/presentation/d/1ap-s04x1RQAvlRiZsg8wiN5zxmRQlCS8Bl5H4oBcpvs/edit?usp=sharing Slides for YD Siman 168-9]<br />
==Sources==<br />
<references/><br />
[[Category:Ribbit]]</div>YitzchakSultanhttps://halachipedia.com/index.php?title=Interest_with_Non-Jews&diff=25512Interest with Non-Jews2020-04-07T20:21:00Z<p>YitzchakSultan: /* Lending with Interest from a Non-Jewish with a Jewish Agent using a Jewish Security Deposit */</p>
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<div><br />
=Who can you take interest from?=<br />
==Non-Jews==<br />
# It is permitted to lend to and borrow from non-Jews with interest.<ref>The Gemara Bava Metsia 70b states that it is permitted to charge non-Jews ribbit and there is only a rabbinic prohibition to do so. The reason the rabbis forbade it is that they didn’t want people to learn from the non-Jews by interacting with them too much. They only permitted it for a talmid chacham or someone who needs to make money to survive. This is codified by the Rambam and Rif. However, Tosfot 70b s.v. tashich writes that today we lend with interest to non-Jews for three reasons: 1) we follow the opinion that there’s no rabbinic prohibition to lend to non-Jews at all. 2) Due to the high taxes we have to charge non-Jews interest otherwise financially wouldn’t survive and it is considered necessary for our livelihood. 3) Really based on the reason of the prohibition it is prohibited to do any business with non-Jews and if we didn’t do that we wouldn’t survive. Meiri b”m 70b agrees with reason two. Tur YD 159:1 cites the last reason of Tosfot. Shulchan Aruch and Rama Y.D. 159:1 simply writes that nowadays it is permitted to lend non-Jews with interest.</ref><br />
#Nowadays in Israel it is forbidden to lend non-Jews money with interest since it is possible to do business with Jews exclusively. Yet it would be permitted in order to make a livelihood but not to make oneself wealthy.<ref>Netivot Shalom YD 159:1:16 writes that today in Israel since it is possible to do without lending non-Jews with interest it is unclear if it is permitted to do so nowadays. Additionally, Rav Moshe Halevi in Malveh Hashem 5:3 writes that Jews who live in Israel should be strict not to lend non-Jews with interest since it is possible to transact with Jews and be financially stable. He explains that none of the reasons of Tosfot apply today except that perhaps we don't hold that there's any prohibition which is rejected. Similarly, Rav Shlomo Mazuz in Kerem Shlomo 159:8 is strict. Rav Ovadia Yosef in Halichot Olam v. 8 p. 3 writes that we hold that as long as it is difficult to do business only to Jews it is permitted in accordance with Tosfot, however, we do not hold that once the gezerah stopped applying it is nullified completely.</ref> Some poskim are lenient even in Israel.<ref>Chut Shani 2:1 p. 39 writes that even nowadays it is permitted to lend a non-Jew with interest even though in Israel we can support ourselves without business to non-Jews. Since there is some business with non-Jews and non-religious Jews the leniencies are still relevant. Chelkat Binyamin 159:10 (written in America) is lenient in all cases.</ref> <br />
# Even outside Israel one should be strict if one can.<ref>Chachmat Adam 130:6 writes that any honest man who could avoid taking interest from non-Jews should do so.</ref> Some say that for an impersonal bank it is permitted since one hardly interacts with the non-Jews.<ref> Chelkat Binyamin 159:1 s.v. vhaidna writes that one doesn’t have to be strict for the Chachmat Adam if one is lending to a bank and one only has to interact with them minimally.</ref> <br />
#It is permitted to borrow with interest from non-Jews.<ref>Rambam Malveh Vloveh 5:2 explains that they never prohibited it lest one come to learn from their ways since it is normal for a borrower to avoid the lender and not learn from him. Meiri b”m 70b agrees. Chazon Ovadia Shabbat v. 1 p. 7 and Malveh Hashem 5:5 codify this as the halacha.</ref><br />
<br />
==Non-Religious Jew==<br />
# It is permitted to lend to a non-religious Jew with interest if he was brought up religious and later became non-religious.<Ref>Shulchan Aruch 159:2</ref> Initially this should be avoided.<ref>Rama 159:2</ref><br />
# One may not lend a non-religious Jew who is raised as a non-religious Jew with interest.<reF>Shulchan Aruch and Rama 159:3 forbid lending with ribbit to someone who is a tinok shenishba. Gemara Shabbat 68b clarifies that a child who was captive among non-Jews (tinok shenishba) and didn't know about Shabbat is considered as though he sinned unintentionally. Brit Yehuda 30:12 agree. Rambam Mamrim 3:3 writes that the sons of the karaites who were brought up with the mistakes of their parents aren't considered minim but should be returned in teshuva. (Yet, see the manuscript editions which include another few words that alter the meaning of the Rambam.) Pirush Mishnayot Chullin 1:2 writes that someone who reject tenants of our faith are considered minim. However, someone who was born into a family and background with such thoughts aren't culpable and are similar to a tinok shenishba. Binyan Tzion Chadashot 23 posits that many of the non-religious Jews today are considered tinok shenishba since they're following the ways of their fathers. <br />
* Chazon Ish YD 1:6 writes that once we try to teach him about the Orthodox ways and he turns it down he is considered to be a mumar. The amount of effort necessary to spend in trying to teach him is subjective and is left up to the judgement of the rabbis of each generation. Additionally, once he is aware of the Orthodox Jews and practices even without trying to teach him he can be considered a mumar. However, that too depends on how aware he was of the Orthodox Jews and to what degree and with what intensity his parents taught his otherwise. This is the basis for the dispute whether Karaites are mumarim. </ref> This applies to conservative and reform Jews today.<ref>Igrot Moshe 4:91:6, Chelkat Binyamin 159:22</ref><br />
# Some say that it is permitted to lend the Karaites with interest.<ref>Shulchan Aruch 159:3. Bet Yosef 159:3 cites the Pirush Mishnayot Chullin 1:2 where the Rambam says that karaites are like tinok shenishba and it is forbidden to lend them with interest. Bet Yosef points out that the Nemukei Yosef 42b quotes the Ri who says that anyone who once recognized Orthodox Jews isn’t a tinok shenishba disagrees with this Rambam. Shulchan Aruch follows the Rambam. However, the Shach 159:6 cites the Maharshal, Maharnach 113, Rash quoted by Mabit 1:38, Rav Betzalel 3 who are strict. Nekudat Hakesef he writes that the halacha on this matter is unresolved. Chelkat Binyamin 159:21 concludes with the Graz who is strict.</ref><br />
<br />
==Arrangements of Loans Between Several Parties==<br />
===Lending A Non-Jew's Money to A Jew with Interest===<br />
# If a person borrowed money from a non-Jew with interest it is forbidden to then lend that money to another Jew with interest.<ref>Shulchan Aruch Y.D. 168:1</ref><br />
# If a person borrowed money from a non-Jew with interest and then before he returns it another Jew wants that loan and is willing to pay the interest to the non-Jewish lender, one may only give that loan to the second Jew under one of two methods. Both of these methods free the first Jew from any financial relationship with the second Jew:<br />
## The non-Jew tells the first Jew to leave the money in a certain location and he will be exempt<ref>Although Shulchan Aruch 168:3 hold that it is sufficient for the non-Jew to state that you can leave the money in a certain location for the second Jew and it is understood that he is exempt from the loan obligation, Shach 168:7, Taz 168:3, and Gra 168:6 all hold that it is necessary to state so explicitly.</ref> and then the second Jew takes it from there.<ref>Shulchan Aruch Y.D. 168:3</ref> <br />
## The first Jew returns the money to the non-Jew and he then gives it to the second Jew. No words need to be spoken since it is understood that when the non-Jew took the money from the first Jew he was exempting him from his loan.<ref>Shulchan Aruch Y.D. 168:2</ref><br />
## It isn't a solution for the non-Jew to simply tell the first Jew to hand the money over to the second Jew and he'll be exempt since that appears as though the two Jews lent money with interest.<ref>Shulchan Aruch Y.D. 168:1</ref><br />
===Lending with Interest with a Non-Jewish Agent===<br />
# A non-Jew who borrowed from a Jew and is ready to return the money, if he finds another Jew to borrow that money with interest can give it to him with interest. However, if the non-Jew brought the money to the lender Jew he can't lend it to another Jew since that considered a loan between the lender and the other Jew with interest. Obviously this is forbidden if the non-Jew actually gave the money back to the lender that the lender may not lend that money to a Jew with interest. Additionally it is forbidden if the non-Jew put the money on the ground for the other Jew to pick up and the lender stated that the non-Jew would be exempt once he placed the money on the ground. These are all considered Biblical interest.<ref>Gemara Bava Metsia 71b, Shulchan Aruch Y.D. 168:6</ref> However, if the non-Jew simply hands the money to the borrower Jew in the presence of the lender Jew, most rishonim hold that this is rabbinically forbidden since the non-Jew is an agent of the borrower. However, there is a minority opinion in the rishonim who allows this.<ref>Rashi Bava Metsia 71b s.v. v'im explains that the conclusion of the Gemara was that there is a concept of agency for two Jews to create a loan between them with interest. This is rabbinically forbidden. This is the opinion of the Rif, Ramban, Rashba, Ran, and Nemukei Yosef all cited by the Bet Yosef 168:6. The Rambam Malveh Vloveh 5:4 however holds it is Biblically forbidden. On the other hand, Rabbenu Tam held that the gemara backed out of that stringency and so it is permitted. Rosh responsa 108:11 ponders how someone could possibly rule like Rabbenu Tam when it seems that it is forbidden and Rabbenu Tam brought no proofs. Either way, there the Rosh rejects following Rabbenu Tam initially. He is aware of the practice of some people to follow Rabbenu Tam but he argues that it is incorrect and the lender could only accept the interest if he is unaware that the non-Jew is borrowing the money for the other Jew.</ref> The halacha is not to accept this minority opinion.<ref>Shulchan Aruch Y.D. 168:6 completely rejects Rabbenu Tam's opinion. Rama 168:5 and 7 cites Rabbenu Tam however he says that one should only follow that opinion where there is a minhag. Chelkat Binyamin 168:51 writes that we don't follow the Rabbenu Tam since it is a question of Biblical interest.</ref><br />
# It is forbidden for a Jew to arrange with a non-Jew to lend your money to him in order that he lend it to another Jew with interest.<ref>Rashba teshuva 3:243 writes that it is forbidden to lend your money to him in order that he lend it to another Jew with interest since that is a mere legal fiction and is considered taking interest. Also, there is a concept of shelichut for a non-Jew to be considered a shelichut for purposes of being strict. That is, the rabbis view this transaction as though the non-Jew is an agent of the Jews and it is a loan between two Jews. Shulchan Aruch Y.D. 168:5 rule like the Rashba. The Shach 168:10 points out that the Rama would agree as well. Malveh Hashem 1:5:12 agrees. However, the Netivot Shalom 168:5:5 argues at length that the Rama never accepted this approach of the Rashba who expanded the concept of legal fictions for ribbit. The entire concept of Rabbenu Tam who allowed having a non-Jewish agent to arrange the loan with interest or Rashi's opinion who allowed a Jewish agent to arrange the loan with interest, both of which are cited by the Rama indicate that he was not concerned with the expansions of the Rashba. This is further supported by the fact that the Rama 168:5 implies that the reason for Shulchan Aruch is completely other than the reason of making a legal fiction out of taking interest. Netivot Shalom brings sources that show that there's a fundamental dispute of how far reaching is prohibition of using legal loopholes in interest (haramat ribbit) between the Maharam and Rashba. Netivot Shalom 166:6:13 extends this discussion to that of using a heter iska and the Gra's opinion that it violates haramat ribbit.</ref> After the fact it is forbidden to take the interest since the non-Jewish agent is merely a ruse and it was really a loan with interest from a Jew.<ref>Netivot Shalom 168:5:6 explains that the haramat ribbit that the Rashba was discussing was because the real intention of the parties was to create a loan between the two Jews and so it is completely ribbit, which is forbidden even after the fact. However, the Malveh Hashem 1:5:12 writes that this haramat ribit of the Rashba is purely legal fiction that is valid, though it is forbidden to arrange. Therefore, if it was already collected certainly it doesn't need to be returned.</ref><br />
#If the lender didn't know about the fact that the borrower appointed the non-Jew to borrow for him from a Jew with interest he can keep the interest<ref>Shulchan Aruch Y.D. 168:7</ref> and some allow him to even collect the interest once it was arranged.<ref><br />
* Derisha 168:4 explains that it is absolutely forbidden for the lender to make the borrower pay the interest since it is forbidden for the borrower to pay it, however, it already happened then the lender can keep it. <br />
* Shach 168:17 argues that it is permitted for the lender to make the borrower pay the interest since it was done without his knowledge and in such a case it isn't really forbidden for the borrower with respect to the lender. Chelkat Binyamin 168:55 and 57 rules like the Shach and explains that once the lender wasn't aware of the appointment of the non-Jew by the borrower it isn't forbidden for the borrower to pay the interest. The only aspect that was forbidden is the arrangement of the loan. <br />
* Netivot Shalom 168:7:6 writes that the Teshuvat Ri doesn't imply like the Derisha at all. Netivot Shalom 168:7:6 reads the Bet Yosef in accordance with the Derisha. However, the Chelkat Binyamin (168 Tziyunim 136) argues that the Bet Yosef held like the Shach.</ref> Sephardim are more strict and only allow this completely after the fact that the interest was collected.<ref>Horah Brurah 168:31. There he mentions the idea that the Bet Yosef suggests which is if the lender doesn't know from witnesses that the borrower appointed the non-Jew to be his agent and the borrower himself since he didn't appoint the non-Jew then the lender could collect the interest. Horah Brurah concludes that one may only rely upon this after the fact.</ref><br />
# If a Jew told a non-Jew to borrow for him from another non-Jew with interest and he went and borrowed from a Jew with interest the borrower can even pay the interest.<ref>Mordechai b"m 337, Shulchan Aruch Y.D. 168:8. Shach 168:19 and Taz 168:9 argue that just like the lender can collect the interest the borrower can pay it. However, it appears from the Bet Yosef that only the lender can collect it but it is forbidden for the lender to collect it. Horah Brurah 168:34 follows the Shach and Taz that if the non-Jew didn't follow the orders of the borrower it is then permitted for both the lender and borrower to exchange the interest at the end.</ref><br />
===Non-Jew borrowing with Interest from a Jew through a Jewish Agent===<br />
# If a non-Jew asks a Jew to borrow for him from another Jew with interest the Jewish agent may do his job as long as he says clearly that he is borrowing with interest on behalf of a non-Jew or the transaction is happening in the presence of the non-Jew.<ref>Ran b"m 71b s.v. mahu, Nemukei Yosef 42a, Hagaot Ashri 5:42, Rosh responsa 108:5, Raavan 103, and Smak 260 all cited by Bet Yosef 168:13. Baal Hatrumot 46:4:10 citing Ramban b"m 71b s.v. vgoy explains that even though the Jewish agent can't halachically become the agent of the non-Jew since there's no agency for non-Jews, the Jewish agent can be the agent of the lender.</ref> <br />
# The agent can't take upon himself responsibility for the capital or the interest. If he takes upon himself responsibility for either one that is considered as though the agent is a borrower and there is interest when the lender takes interest from the borrower.<ref>Shulchan Aruch 168:13</ref><br />
# The agent can't take upon himself responsibility for the collateral getting lost or stolen, rather the lender needs to take such responsibility. If he takes upon the regular type of responsibility as a [[shomer]] would generally take that is permitted. However, he may not take responsibility for unexpected circumstances.<ref>Shulchan Aruch Y.D. 168:16 based on the Rosh in disagreement with the Ramah who allowed taking even responsibility for unexpected events. </ref> If they didn't specify this responsibility and it was left unclear, after the fact, we can assume that the Jewish lender and the agent would want to arrange it in the permitted fashion.<ref>Shach 168:36 citing Bach, Baal Hatrumot 46:4:10 citing Ramban</ref><br />
# If the non-Jew never comes to pay the loan with the interest the agent may not pay it.<ref>Shulchan Aruch Y.D. 168:14</ref><br />
## Additionally, the lender may not force the agent to buy the collateral for the price of the capital and interest.<ref>Rama 168:14, Shach 168:47, Taz 168:20, Bach 168:15, Chelkat Binyamin 168:148. According to the Taz this is even the opinion of Shulchan Aruch, but according to the Shach and Bach this is only the opinion of the Rama and Shulchan Aruch would disagree.</ref><br />
## However, if the agent wants to buy the collateral for the capital and interest he can do so.<ref>Rama 168:14, Shach 168:47, Taz 168:20, Bach 168:15</ref><br />
# If the non-Jew never comes to pay the loan the lender can sell the collateral and keep the value. The agent can't stop the lender from doing so out of fear of the non-Jew since the lender isn't really incumbent to the agent or the non-Jew.<ref>Shulchan Aruch Y.D. 168:15, Rosh responsa 108:6</ref> Some say that if the agent was originally appointed by the lender to do this loan with the non-Jew, then if the agent is afraid of the ramifications of the lender selling the collateral, then the lender must listen and if he doesn't then he must pay for damages to the agent.<ref>Levush 168:15, Shach 168:50, Chelkat Binyamin 168:156. The explanation of the Levush is that essentially since the agent isn't a borrower he can tell the lender to do or not do something and that poses no issue. The lender should be cautious of the damages that can occur to the agent, however, if the agent arranged with the non-Jew and not the lender, then the lender doesn't have to be concerned. It is the responsibility of the agent. If the agent was originated commissioned by the Jewish lender then it is a concern for the lender that he doesn't cause a damage to the agent. The Taz 168:20 and Bet Meir disagree with the Levush. They hold that the lender doesn't have to listen to the agent in any event. They explain that the source for this halacha is the Rosh and he held that the borrower shouldn't take any responsibility for the collateral and yet he writes that he doesn't need to listen to the agent. Shach in Nekudat Hakesef 168:14 answers that these are two separate statements of the Rosh. The Bet Meir doesn't understand the Shach since the Rosh either way would discuss a permissible case according to his opinion.</ref><br />
<br />
===Lending with Interest from a Non-Jewish with a Jewish Agent using a Security Deposit===<br />
[[Image:Taking Mashkon from Non-Jew.png|300px|right]]<br />
[[Image:Returning Mashkon to Non-Jew.png| 350px| right]]<br />
# Some permit borrowing from a non-Jew with a security deposit so that they can in turn borrow with interest from another Jew with that security deposit. This is permitted since the non-Jew takes responsibility for the original loan and it is treated as two loans and not one. Ashkenazim can rely on this opinion.<ref>Ri cited by Rosh b"m 5:55, Rosh responsa 108:11, Rama 168:8 seems to support this approach. Darkei Moshe 168:4 quotes the Mordechai and Hagahot Ashri who held that it is permitted even initially. Darkei Moshe 168:9 cites the Kol Bo 84 and Hagahot Maimoniyot Malveh 5:3 who says that the minhag was like the Ri</ref> Others hold that generally this is forbidden to arrange but if one explicitly tells the non-Jew that he has responsibility for the loan then it is permitted.<ref>Ramban b"m 71b s.v. vbar cited by Tur 168:9, Rashba 7:321, Nemukei Yosef 42a, Talmidei Harashba, and Baal Hatrumot 46:4:10 s.v. vkatav alav haramban cited by Bet Yosef 168:9</ref><br />
# Even according to the strict opinion, a lender to a non-Jew with interest who collected a deposit from him which came originally from a Jew can collect the interest as long as he isn't certain that it was arranged improperly.<ref>Ri, Rosh, Shulchan Aruch 168:9. Chelkat Binyamin 168:63 explains that essentially there's two schools of thought regarding a loan with a security deposit from one Jew to another Jew with a non-Jew in between. The Gra and Levush understand that this depends on whether one may set up a non-Jew agent between two Jews who are transacting with interest. The Shach, Taz 168:14, and Chavot Daat 168:12, on the other hand, think that the security deposit poses its own problem in that it functionally creates a lien of the Jewish lender upon the original borrower Jew. This could be solved if the non-Jew acquired the deposit from the non-Jew in an absolute fashion.</ref> Some say that he may not collect the interest if he knew that it was a Jewish security deposit such as if it is a Jewish article of clothing.<ref>Tur 189:9, Shulchan Aruch 168:9. Bet Yosef 168:9 s.v. yisrael shnatan notes that the Mordechai 338 held within the opinion of Rabbenu Tam that it doesn't matter whether the deposit was clearly Jewish or not.</ref><br />
# If the original Jew wants to get his security deposit back from the other Jew who lent to the non-Jew and the non-Jew isn't cooperating, the lender Jew doesn't need to work with the borrower Jew since they didn't have any transaction one to another.<ref>Rosh responsa 108:8, Rama 168:9</ref><br />
# If a Jew has a security deposit of a non-Jew in his hands and the non-Jew direct him to use it to borrow from another Jew with interest on his behalf, the first Jew may do so.<ref>Mordechai 337 writes that a Jew can use a non-Jew's security deposit to borrow from a Jew with interest if he is instructed so by the non-Jew. The Mordechai seems to apply this even to the case where the Jew didn't have the non-Jew's deposit but instead wanted to gift him a deposit of his own for its value. The Bet Yosef is troubled by this leniency since there's no mechanism by which the non-Jew is actually acquiring the deposit. Taz 168:14 gives a nuanced explanation that it was sold to the second Jew with a condition that the non-Jew could buy it back. Bach 168:13 and Nekudat Hakesef 168:11 explain that once a owner admits to the fact someone else owns his item it halachically belongs to that person (''kinyan odita'') and that is sufficient to remove the prohibition of ribbit. Either way, the Rama 169:11 concludes that we assume that it is impossible to gift a deposit to a non-Jew without him making a physical [[kinyan]] such as meshicha.</ref><br />
====Non-Jew Borrowed from Jew with Collateral and Jewish Agent====<br />
#A Jewish agent brought a collateral from a non-Jew to another Jew in order to borrow with interest. After the loan is due, the lender Jew can ask the agent to show him which non-Jew he lent to but can not ask the agent to pay for the asked the agent to redeem the non-Jew’s collateral and pay for the loan.<ref>Bet Yosef 168:27 cites the Rashba 3:47 who speaks of a case where a Jew brought a collateral from a non-Jew to another Jew in order to borrow with interest, then the lender Jew asked the agent to redeem the non-Jew’s collateral and pay for the loan. The Rashba rules that it is forbidden for the agent Jew to pay the loan and interest since he is merely an agent. He must though indicate to the lender Jew who is the non-Jew who borrowed the money. Shulchan Aruch YD 168:27 codifies the Rashba. Shach 168:83 explains that the agent has no responsibility to sell or buy the collateral from the lender.</ref><br />
<br />
====Non-Jew Selling Jewish Debt====<br />
#If a Jew owed a non-Jew capital and interest, that non-Jew can sell that debt to another Jew. If the non-Jew collects the interest it is permitted for the Jew to accept it, yet if he doesn't then the second Jew shouldn't collect the interest from the first Jew.<ref>Rashba responsa 1:764 cited by Darkei Moshe 168:6, Bedek Habayit 168:27, and Knesset Hagedola (Bet Yosef 168:44).</ref><br />
<br />
====Jew Selling Non-Jewish Debt====<br />
# If a Jew lent a non-Jew with interest upon a security deposit of the non-Jew. Then the non-Jew sold the security deposit to another Jew and he was told to pay the debt to the first Jew and collect the security deposit. This transaction is totally permitted since the loan was made between the Jew and non-Jew and then there was a sale of the non-Jewish debt to a Jew.<ref>Rosh responsa 108:25, Shulchan Aruch 168:12</ref><br />
#However, if the Jew who bought the debt then didn't pay off the debt immediately in order to redeem the deposit and only paid it after some time, thereby accruing a further interest charge upon the non-Jewish lender, the non-Jew may pay that interest charge to the Jewish lender even if the non-Jew in turn forces the Jewish buyer to pay him for that interest charge. But the Jewish buyer may not pay the interest to the Jewish lender because that would paying interest.<ref>Rosh responsa 108:25, Shulchan Aruch 168:12</ref><br />
====When the Deposit was Taken Forcibly====<br />
# If a non-Jew took a security deposit from a Jew forcibly and then used it to borrow with interest from another Jew, that second jew may collect interest from the non-Jew but may not collect interest from the first Jew.<ref>Smak 260, Kol Bo 84, Mordechai 338 citing Riva, Baal Hatrumot 46:4:10 all quoted by the Bet Yosef 168:10</ref> Some disagree and allow collecting the interest.<ref>Rosh cited by Tur 168:10</ref> <br />
# However, under the following two circumstances one may collect the interest according to everyone: <br />
##If the force and responsibility of the loan rests upon the non-Jew besides for the security deposit then it is permitted to collect the interest from the first Jew.<ref>Bet Yosef 168:10 based on the Baal Hatrumot</ref><br />
##Additionally, if the first Jew didn't know that his security deposit was going to be used to borrow from a Jew with interest it isn't any question of interest for him to pay the second Jew the interest to redeem his item.<ref>Maharik 16 cited by Bet Yosef 168:10</ref><br />
====When the Deposit was Given to the Non-Jew Properly====<br />
# If a Jew borrowed from a non-Jew with interest and gave him a security deposit. If the non-Jew takes that deposit and uses it to borrow from another Jew with interest some say that one may not take interest from that transaction, while others say that one can. Generally we are lenient except in the following two circumstances:<ref>Shulchan Aruch 168:10, 20</ref> <br />
##If the non-Jew forcibly took the deposit from the first Jew then we assume that the deposit wasn't really acquired by the non-Jew and so when it is used to borrow against another Jew it is like there's a deal between the two Jews.<ref>Bet Yosef 168:10 in his second answer, Shach 168:26, 67, Taz 168:11. Gra 168:23 disagrees.</ref><br />
##Additionally, if the non-Jew immediately took that deposit from the first Jew and used it to borrow from the second Jew then it appears that he did so only to create a loan between two Jews. However, if he held onto it for some time for himself then it isn't an issue.<ref>Bet Yosef 168:10 in his first answer, Shach 168:67</ref><br />
<br />
====Lending with Interest from a Non-Jewish with a Jewish Agent using a Jewish Security Deposit====<br />
#If a Jew lent from another Jew and got a collateral for that loan, and specified that if the Jew didn’t pay up on time he would either sell the collateral or borrow against it with interest. If he then borrowed against it with interest from a non-Jew, he isn’t responsible to pay the interest for the loan since that was the stipulation. Instead the Jewish borrower needs to pay the interest in order to redeem his collateral.<ref>Rashba responsa cited by Bet Yosef 168:26 explains that once they stipulated that the lender Jew can borrow with interest against the collateral we understand that to mean that the ledner Jew isn’t borrowing from the non-Jew for himself, rather he is doing so as an agent of the other Jew. Therefore, the borrower Jew can repay the interest to the non-Jew and it isn’t interest to the lender Jew since he is neither a lender or a guarantor of the loan, he is simply the agent. Shaar Mishpat 168:13 cites this Rashba but also cites the Maharit YD 46 based on the Maharam who argues that it is an asmachta and isn't binding. Therefore, the lender couldn't lend to the non-Jew with interest on that collateral. Shulchan Gavoha 168:50 cites this Rashba and fundamentally puts it in the same camp as the Rosh which is codfied by Shulchan Aruch 168:26. Kovetz Halichot Horah Ribbit v. 5 p. 316-7 explains that it is necessary for the Rashba and Ramban 71a that the lender Jew be the agent of the original borrower as well as the fact that the non-Jew is collecting from the collateral. The reason is that if it was simply that the non-Jew would collect from the collateral but the Jewish lender was never appointed as an agent then he is in essence borrowing for himself with interest and having another Jew repay his interest using his collateral.</ref><br />
#If a Jew lent from another Jew and got a collateral for that loan, he can then use that collateral to borrow with interest from a non-Jew. He should specify to the non-Jew that he is borrowing on behalf of another Jew and he has no responsibility. Alternatively, if the collateral is worth the entire value of the loan he can use it to borrow from the non-Jew with interest. Then the original borrower Jew can pay the non-Jew the interest and redeem his collateral. The Jewish lender was simply the agent of the first Jew to borrow with interest from a non-Jew.<ref>Tashbetz Katan 486 writes that if the Jewish lender specifies to the non-Jew that he is borrowing on behalf of another Jew it is permitted, otherwise it is like he is borrowing for himself and having the original borrower Jew pay the interest is forbidden. Yet, the Bet Yosef 168:26 points out that the Rosh implies that it is permitted for the original borrower to pay the interest even if the lender Jew didn’t make that stipulation. Shulchan Aruch 168:26 simply quotes the case without specifically mentioning that stipulation. Shach 168:82 explains that the Tashbetz Katan and Rosh agree. Either a stipulation is necessary or having a collateral that is worth the entire value of the loan and interest. Otherwise it is forbidden. Chelkat Binyamin 168:291 agrees. Mayin Ganim Abadi YD 9 shows at length that the Bet Yosef thought that there is a dispute between the Tashbetz Katan and Rosh. The Rosh thinks that even without specifying it is assumed that the non-Jew depends on the collateral and there’s no responsibility upon the Jew. However, the Tashbetz Katan thinks that only if the Jew specifies that is it so, otherwise we assume that the non-Jew will hold responsible the Jew who is borrowing from him as well as from the collateral, in which case it would be forbidden for the original borrower to pay the interest. Erech Lechem 168:17 implies this as well. He explains that the Ran cited in Shulchan Aruch 168:17 implies like the Tashbetz Katan, yet, Shulchan Aruch ultimately sided with the Rosh and Rashba unlike the Tashbetz Katan and Ran.</ref><br />
#If a Jew wants to borrow from a non-Jew with interest and he asks another Jew to be his agent, he can do so. If he gives him a collateral then it isn’t necessary for the agent to specify that he is borrowing on behalf of someone else since the non-Jew is ready to collect from the collateral.<ref>Rosh b”m 5:56, Tur and Shulchan Aruch 168:17. Bet Yosef 168:17 based on the Nemukei Yosef 44a clarifies that it is insufficient to say that the collateral serves as the place where the non-Jew can collect, rather he needs even to specify that he bares no responsibility. Shach 168:52 cites this opinion. Shulchan Aruch 170:1 follows that opinion.</ref> Some say that as long as the collateral is actually worth the value of the loan and interest, then it is automatic that the non-Jew is ready to collect from the collateral and his lein applies to that and not to the Jew.<Ref>Shach 168:51</ref><br />
#If a Jew wants to borrow from a non-Jew with interest and he asks another Jew to be his agent, he can do so. Yet, it is important that the agent specify with the non-Jew that he is indeed borrowing on behalf of another Jew and he bares no responsibility.<ref>Tur and Shulchan Aruch 168:17</ref><br />
#It is an issue if the Jewish agent has any responsibility for the loan even to serve as a guarantor that can be collected from first (Arev Kablan), rather the non-Jew needs to completely be able to collect from the collateral.<Ref>Bet Yosef 168:17 cites the Ran (Nemukei Yosef 42a) who holds that it is forbidden to be an Arev Kablan for another Jew.</ref><br />
<br />
===Selling a Non-Jew's Debt to Another Jew===<br />
# If one Jew lent money to a non-Jew with interest he can then sell that loan to another Jew and he should stipulate that this is a complete sale of the loan and they will no longer have any claims upon each other. Thereby the buyer becomes the new lender to the non-Jew and can collect interest.<ref>Shulchan Aruch 168:18. When there is no security deposit, the Shach 168:62 explains that the mechanism isn't exactly a sale since one can't really sell the debt to another Jew. Rather one is forgiving the non-Jew from paying him back. Then the non-Jew can pay the second Jew as he is "considered" according to their intention to be the new lender. In Shach 168:63 he clarifies that he doesn't need to inform the non-Jew of that which he forgave. Netivot Shalom 168:18:9 explains that even though the non-Jew will be paying the second Jew in error he can collect it. Shach 168:63 is in disagreement with the Bach who thinks that it is necessary to alert the non-Jew.</ref> When there is a security deposit from the non-Jew that would have to be transferred to the second Jew with the same stipulation that it is a complete sale and they have no claims upon each other.<ref>Shulchan Aruch Y.D. 168:18</ref> According to Ashkenazim it isn't necessary to make such a clear stipulation since it is assumed that this is the stipulation.<ref>Rama 168:18 following the Mordechai and Rosh teshuva</ref><br />
# A Jew who lent to a non-Jew with interest can sell the non-Jew's loan from a certain date going forward. The first Jew would collect the interest until that date and the second from that date and on.<ref>Tur 168:18</ref><br />
# A Jew who lent a non-Jew for a certain percent he can sell that loan at a lower percent. For example, if the first Jew lent a non-Jew $100 for 10% a year and then resold that debt to another Jew for 5% a year.<ref>Levush, Shach, Chachmat Adam against Taz</ref><br />
# A Jew who lent a non-Jew money for interest can then resell it to a Jew but he may not sell a portion of that loan to a Jew.<Ref>Shach (Nekudat Hakesef on Taz 168:28) and Levush</ref><br />
# A Jew who lent a non-Jew money for interest can't stipulate the buyer resell it to him.<ref>Although the Rama 168:18 is lenient, both the Shach 168:57 and Taz 168:27 disagree.</ref><br />
# A Jew who lent a non-Jew money for interest can sell that debt to a Jew but can't stipulate that he'll sell that debt if the Jew also gives him an additional interest free loan.<ref>The Taz 168:24 in disagreeing with the Levush forbids this. Shach in Nekudat Hakesef and Chachmat Adam cited by Chelkat Binyamin 168:151 are lenient. Netivot Shalom 168:18:14:1 questions the Shach from Shulchan Aruch 166:3 and answers it. Chavot Daat 168:34 forbids because of Shulchan Aruch 160:23 and 172:4. Chelkat Binyamin thinks that even the Shach accepts part of the argument of the Chavot Daat and would forbid anytime that sale of the debt is at a lower price because of the fact that he is also receiving an interest free loan.</ref><br />
# The Jew can resell the non-Jew's debt for a lower interest rate than the non-Jew is giving him.<ref>Rama 168:18</ref><br />
# It is permitted for the buyer of the debt to leave the non-Jew's security deposit in the hands of the original Jewish lender. The responsibility of the security deposit is now upon the second Jew but if they stipulated that the first Jew would have responsibility then he does.<ref>Rama 168:18. Shach 168:58 notes that in such a case it is necessary to do a formal sale of the loan in order for him to leave the security deposit with the first Jew.</ref><br />
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===Interest Gifted to A Jew or Non-Jew===<br />
# It is forbidden to lend another Jew money in order that he give the interest to a non-Jew.<ref>Shulchan Aruch Y.D. 168:1</ref> <br />
# It is permitted for a Jew to borrow from a non-Jew even if afterwards the non-Jew gives the interest to a Jew.<ref>Shulchan Aruch Y.D. 168:4</ref><br />
==Disputes about the Arrangement==<br />
#If the borrower claims that his lender charged him interest and he should return it, if the lender responds that it was done in a permissible way he is believed without any oath. Some say that it is necessary to specify how it was done permissibly.<ref>Taz 168:36</ref> <br />
#This is true as long as the lender already collected the interest. However, if he has a collateral of the borrower or a legal document that entitles him to collect, he can collect after making an oath. If he responds that he didn’t take any interest or doesn’t know if he took any interest, he is believed only if he takes an oath to that effect. This is true as long as the lender already collected the interest, has a collateral of the borrower, or have a legal document that entitles him to collect. However, in absence of that and the lender hasn’t yet collected if the borrower claims that he doesn’t owe the money due to interest he is believed and doesn’t have to pay.<Ref>Shulchan Aruch and Rama Y.D. 168:25</ref><br />
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==Resources==<br />
*[https://docs.google.com/presentation/d/1ap-s04x1RQAvlRiZsg8wiN5zxmRQlCS8Bl5H4oBcpvs/edit?usp=sharing Slides for YD Siman 168-9]<br />
==Sources==<br />
<references/><br />
[[Category:Ribbit]]</div>YitzchakSultanhttps://halachipedia.com/index.php?title=Interest_with_Non-Jews&diff=25511Interest with Non-Jews2020-04-07T20:20:06Z<p>YitzchakSultan: /* Lending with Interest from a Non-Jewish with a Jewish Agent using a Jewish Security Deposit */</p>
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<div><br />
=Who can you take interest from?=<br />
==Non-Jews==<br />
# It is permitted to lend to and borrow from non-Jews with interest.<ref>The Gemara Bava Metsia 70b states that it is permitted to charge non-Jews ribbit and there is only a rabbinic prohibition to do so. The reason the rabbis forbade it is that they didn’t want people to learn from the non-Jews by interacting with them too much. They only permitted it for a talmid chacham or someone who needs to make money to survive. This is codified by the Rambam and Rif. However, Tosfot 70b s.v. tashich writes that today we lend with interest to non-Jews for three reasons: 1) we follow the opinion that there’s no rabbinic prohibition to lend to non-Jews at all. 2) Due to the high taxes we have to charge non-Jews interest otherwise financially wouldn’t survive and it is considered necessary for our livelihood. 3) Really based on the reason of the prohibition it is prohibited to do any business with non-Jews and if we didn’t do that we wouldn’t survive. Meiri b”m 70b agrees with reason two. Tur YD 159:1 cites the last reason of Tosfot. Shulchan Aruch and Rama Y.D. 159:1 simply writes that nowadays it is permitted to lend non-Jews with interest.</ref><br />
#Nowadays in Israel it is forbidden to lend non-Jews money with interest since it is possible to do business with Jews exclusively. Yet it would be permitted in order to make a livelihood but not to make oneself wealthy.<ref>Netivot Shalom YD 159:1:16 writes that today in Israel since it is possible to do without lending non-Jews with interest it is unclear if it is permitted to do so nowadays. Additionally, Rav Moshe Halevi in Malveh Hashem 5:3 writes that Jews who live in Israel should be strict not to lend non-Jews with interest since it is possible to transact with Jews and be financially stable. He explains that none of the reasons of Tosfot apply today except that perhaps we don't hold that there's any prohibition which is rejected. Similarly, Rav Shlomo Mazuz in Kerem Shlomo 159:8 is strict. Rav Ovadia Yosef in Halichot Olam v. 8 p. 3 writes that we hold that as long as it is difficult to do business only to Jews it is permitted in accordance with Tosfot, however, we do not hold that once the gezerah stopped applying it is nullified completely.</ref> Some poskim are lenient even in Israel.<ref>Chut Shani 2:1 p. 39 writes that even nowadays it is permitted to lend a non-Jew with interest even though in Israel we can support ourselves without business to non-Jews. Since there is some business with non-Jews and non-religious Jews the leniencies are still relevant. Chelkat Binyamin 159:10 (written in America) is lenient in all cases.</ref> <br />
# Even outside Israel one should be strict if one can.<ref>Chachmat Adam 130:6 writes that any honest man who could avoid taking interest from non-Jews should do so.</ref> Some say that for an impersonal bank it is permitted since one hardly interacts with the non-Jews.<ref> Chelkat Binyamin 159:1 s.v. vhaidna writes that one doesn’t have to be strict for the Chachmat Adam if one is lending to a bank and one only has to interact with them minimally.</ref> <br />
#It is permitted to borrow with interest from non-Jews.<ref>Rambam Malveh Vloveh 5:2 explains that they never prohibited it lest one come to learn from their ways since it is normal for a borrower to avoid the lender and not learn from him. Meiri b”m 70b agrees. Chazon Ovadia Shabbat v. 1 p. 7 and Malveh Hashem 5:5 codify this as the halacha.</ref><br />
<br />
==Non-Religious Jew==<br />
# It is permitted to lend to a non-religious Jew with interest if he was brought up religious and later became non-religious.<Ref>Shulchan Aruch 159:2</ref> Initially this should be avoided.<ref>Rama 159:2</ref><br />
# One may not lend a non-religious Jew who is raised as a non-religious Jew with interest.<reF>Shulchan Aruch and Rama 159:3 forbid lending with ribbit to someone who is a tinok shenishba. Gemara Shabbat 68b clarifies that a child who was captive among non-Jews (tinok shenishba) and didn't know about Shabbat is considered as though he sinned unintentionally. Brit Yehuda 30:12 agree. Rambam Mamrim 3:3 writes that the sons of the karaites who were brought up with the mistakes of their parents aren't considered minim but should be returned in teshuva. (Yet, see the manuscript editions which include another few words that alter the meaning of the Rambam.) Pirush Mishnayot Chullin 1:2 writes that someone who reject tenants of our faith are considered minim. However, someone who was born into a family and background with such thoughts aren't culpable and are similar to a tinok shenishba. Binyan Tzion Chadashot 23 posits that many of the non-religious Jews today are considered tinok shenishba since they're following the ways of their fathers. <br />
* Chazon Ish YD 1:6 writes that once we try to teach him about the Orthodox ways and he turns it down he is considered to be a mumar. The amount of effort necessary to spend in trying to teach him is subjective and is left up to the judgement of the rabbis of each generation. Additionally, once he is aware of the Orthodox Jews and practices even without trying to teach him he can be considered a mumar. However, that too depends on how aware he was of the Orthodox Jews and to what degree and with what intensity his parents taught his otherwise. This is the basis for the dispute whether Karaites are mumarim. </ref> This applies to conservative and reform Jews today.<ref>Igrot Moshe 4:91:6, Chelkat Binyamin 159:22</ref><br />
# Some say that it is permitted to lend the Karaites with interest.<ref>Shulchan Aruch 159:3. Bet Yosef 159:3 cites the Pirush Mishnayot Chullin 1:2 where the Rambam says that karaites are like tinok shenishba and it is forbidden to lend them with interest. Bet Yosef points out that the Nemukei Yosef 42b quotes the Ri who says that anyone who once recognized Orthodox Jews isn’t a tinok shenishba disagrees with this Rambam. Shulchan Aruch follows the Rambam. However, the Shach 159:6 cites the Maharshal, Maharnach 113, Rash quoted by Mabit 1:38, Rav Betzalel 3 who are strict. Nekudat Hakesef he writes that the halacha on this matter is unresolved. Chelkat Binyamin 159:21 concludes with the Graz who is strict.</ref><br />
<br />
==Arrangements of Loans Between Several Parties==<br />
===Lending A Non-Jew's Money to A Jew with Interest===<br />
# If a person borrowed money from a non-Jew with interest it is forbidden to then lend that money to another Jew with interest.<ref>Shulchan Aruch Y.D. 168:1</ref><br />
# If a person borrowed money from a non-Jew with interest and then before he returns it another Jew wants that loan and is willing to pay the interest to the non-Jewish lender, one may only give that loan to the second Jew under one of two methods. Both of these methods free the first Jew from any financial relationship with the second Jew:<br />
## The non-Jew tells the first Jew to leave the money in a certain location and he will be exempt<ref>Although Shulchan Aruch 168:3 hold that it is sufficient for the non-Jew to state that you can leave the money in a certain location for the second Jew and it is understood that he is exempt from the loan obligation, Shach 168:7, Taz 168:3, and Gra 168:6 all hold that it is necessary to state so explicitly.</ref> and then the second Jew takes it from there.<ref>Shulchan Aruch Y.D. 168:3</ref> <br />
## The first Jew returns the money to the non-Jew and he then gives it to the second Jew. No words need to be spoken since it is understood that when the non-Jew took the money from the first Jew he was exempting him from his loan.<ref>Shulchan Aruch Y.D. 168:2</ref><br />
## It isn't a solution for the non-Jew to simply tell the first Jew to hand the money over to the second Jew and he'll be exempt since that appears as though the two Jews lent money with interest.<ref>Shulchan Aruch Y.D. 168:1</ref><br />
===Lending with Interest with a Non-Jewish Agent===<br />
# A non-Jew who borrowed from a Jew and is ready to return the money, if he finds another Jew to borrow that money with interest can give it to him with interest. However, if the non-Jew brought the money to the lender Jew he can't lend it to another Jew since that considered a loan between the lender and the other Jew with interest. Obviously this is forbidden if the non-Jew actually gave the money back to the lender that the lender may not lend that money to a Jew with interest. Additionally it is forbidden if the non-Jew put the money on the ground for the other Jew to pick up and the lender stated that the non-Jew would be exempt once he placed the money on the ground. These are all considered Biblical interest.<ref>Gemara Bava Metsia 71b, Shulchan Aruch Y.D. 168:6</ref> However, if the non-Jew simply hands the money to the borrower Jew in the presence of the lender Jew, most rishonim hold that this is rabbinically forbidden since the non-Jew is an agent of the borrower. However, there is a minority opinion in the rishonim who allows this.<ref>Rashi Bava Metsia 71b s.v. v'im explains that the conclusion of the Gemara was that there is a concept of agency for two Jews to create a loan between them with interest. This is rabbinically forbidden. This is the opinion of the Rif, Ramban, Rashba, Ran, and Nemukei Yosef all cited by the Bet Yosef 168:6. The Rambam Malveh Vloveh 5:4 however holds it is Biblically forbidden. On the other hand, Rabbenu Tam held that the gemara backed out of that stringency and so it is permitted. Rosh responsa 108:11 ponders how someone could possibly rule like Rabbenu Tam when it seems that it is forbidden and Rabbenu Tam brought no proofs. Either way, there the Rosh rejects following Rabbenu Tam initially. He is aware of the practice of some people to follow Rabbenu Tam but he argues that it is incorrect and the lender could only accept the interest if he is unaware that the non-Jew is borrowing the money for the other Jew.</ref> The halacha is not to accept this minority opinion.<ref>Shulchan Aruch Y.D. 168:6 completely rejects Rabbenu Tam's opinion. Rama 168:5 and 7 cites Rabbenu Tam however he says that one should only follow that opinion where there is a minhag. Chelkat Binyamin 168:51 writes that we don't follow the Rabbenu Tam since it is a question of Biblical interest.</ref><br />
# It is forbidden for a Jew to arrange with a non-Jew to lend your money to him in order that he lend it to another Jew with interest.<ref>Rashba teshuva 3:243 writes that it is forbidden to lend your money to him in order that he lend it to another Jew with interest since that is a mere legal fiction and is considered taking interest. Also, there is a concept of shelichut for a non-Jew to be considered a shelichut for purposes of being strict. That is, the rabbis view this transaction as though the non-Jew is an agent of the Jews and it is a loan between two Jews. Shulchan Aruch Y.D. 168:5 rule like the Rashba. The Shach 168:10 points out that the Rama would agree as well. Malveh Hashem 1:5:12 agrees. However, the Netivot Shalom 168:5:5 argues at length that the Rama never accepted this approach of the Rashba who expanded the concept of legal fictions for ribbit. The entire concept of Rabbenu Tam who allowed having a non-Jewish agent to arrange the loan with interest or Rashi's opinion who allowed a Jewish agent to arrange the loan with interest, both of which are cited by the Rama indicate that he was not concerned with the expansions of the Rashba. This is further supported by the fact that the Rama 168:5 implies that the reason for Shulchan Aruch is completely other than the reason of making a legal fiction out of taking interest. Netivot Shalom brings sources that show that there's a fundamental dispute of how far reaching is prohibition of using legal loopholes in interest (haramat ribbit) between the Maharam and Rashba. Netivot Shalom 166:6:13 extends this discussion to that of using a heter iska and the Gra's opinion that it violates haramat ribbit.</ref> After the fact it is forbidden to take the interest since the non-Jewish agent is merely a ruse and it was really a loan with interest from a Jew.<ref>Netivot Shalom 168:5:6 explains that the haramat ribbit that the Rashba was discussing was because the real intention of the parties was to create a loan between the two Jews and so it is completely ribbit, which is forbidden even after the fact. However, the Malveh Hashem 1:5:12 writes that this haramat ribit of the Rashba is purely legal fiction that is valid, though it is forbidden to arrange. Therefore, if it was already collected certainly it doesn't need to be returned.</ref><br />
#If the lender didn't know about the fact that the borrower appointed the non-Jew to borrow for him from a Jew with interest he can keep the interest<ref>Shulchan Aruch Y.D. 168:7</ref> and some allow him to even collect the interest once it was arranged.<ref><br />
* Derisha 168:4 explains that it is absolutely forbidden for the lender to make the borrower pay the interest since it is forbidden for the borrower to pay it, however, it already happened then the lender can keep it. <br />
* Shach 168:17 argues that it is permitted for the lender to make the borrower pay the interest since it was done without his knowledge and in such a case it isn't really forbidden for the borrower with respect to the lender. Chelkat Binyamin 168:55 and 57 rules like the Shach and explains that once the lender wasn't aware of the appointment of the non-Jew by the borrower it isn't forbidden for the borrower to pay the interest. The only aspect that was forbidden is the arrangement of the loan. <br />
* Netivot Shalom 168:7:6 writes that the Teshuvat Ri doesn't imply like the Derisha at all. Netivot Shalom 168:7:6 reads the Bet Yosef in accordance with the Derisha. However, the Chelkat Binyamin (168 Tziyunim 136) argues that the Bet Yosef held like the Shach.</ref> Sephardim are more strict and only allow this completely after the fact that the interest was collected.<ref>Horah Brurah 168:31. There he mentions the idea that the Bet Yosef suggests which is if the lender doesn't know from witnesses that the borrower appointed the non-Jew to be his agent and the borrower himself since he didn't appoint the non-Jew then the lender could collect the interest. Horah Brurah concludes that one may only rely upon this after the fact.</ref><br />
# If a Jew told a non-Jew to borrow for him from another non-Jew with interest and he went and borrowed from a Jew with interest the borrower can even pay the interest.<ref>Mordechai b"m 337, Shulchan Aruch Y.D. 168:8. Shach 168:19 and Taz 168:9 argue that just like the lender can collect the interest the borrower can pay it. However, it appears from the Bet Yosef that only the lender can collect it but it is forbidden for the lender to collect it. Horah Brurah 168:34 follows the Shach and Taz that if the non-Jew didn't follow the orders of the borrower it is then permitted for both the lender and borrower to exchange the interest at the end.</ref><br />
===Non-Jew borrowing with Interest from a Jew through a Jewish Agent===<br />
# If a non-Jew asks a Jew to borrow for him from another Jew with interest the Jewish agent may do his job as long as he says clearly that he is borrowing with interest on behalf of a non-Jew or the transaction is happening in the presence of the non-Jew.<ref>Ran b"m 71b s.v. mahu, Nemukei Yosef 42a, Hagaot Ashri 5:42, Rosh responsa 108:5, Raavan 103, and Smak 260 all cited by Bet Yosef 168:13. Baal Hatrumot 46:4:10 citing Ramban b"m 71b s.v. vgoy explains that even though the Jewish agent can't halachically become the agent of the non-Jew since there's no agency for non-Jews, the Jewish agent can be the agent of the lender.</ref> <br />
# The agent can't take upon himself responsibility for the capital or the interest. If he takes upon himself responsibility for either one that is considered as though the agent is a borrower and there is interest when the lender takes interest from the borrower.<ref>Shulchan Aruch 168:13</ref><br />
# The agent can't take upon himself responsibility for the collateral getting lost or stolen, rather the lender needs to take such responsibility. If he takes upon the regular type of responsibility as a [[shomer]] would generally take that is permitted. However, he may not take responsibility for unexpected circumstances.<ref>Shulchan Aruch Y.D. 168:16 based on the Rosh in disagreement with the Ramah who allowed taking even responsibility for unexpected events. </ref> If they didn't specify this responsibility and it was left unclear, after the fact, we can assume that the Jewish lender and the agent would want to arrange it in the permitted fashion.<ref>Shach 168:36 citing Bach, Baal Hatrumot 46:4:10 citing Ramban</ref><br />
# If the non-Jew never comes to pay the loan with the interest the agent may not pay it.<ref>Shulchan Aruch Y.D. 168:14</ref><br />
## Additionally, the lender may not force the agent to buy the collateral for the price of the capital and interest.<ref>Rama 168:14, Shach 168:47, Taz 168:20, Bach 168:15, Chelkat Binyamin 168:148. According to the Taz this is even the opinion of Shulchan Aruch, but according to the Shach and Bach this is only the opinion of the Rama and Shulchan Aruch would disagree.</ref><br />
## However, if the agent wants to buy the collateral for the capital and interest he can do so.<ref>Rama 168:14, Shach 168:47, Taz 168:20, Bach 168:15</ref><br />
# If the non-Jew never comes to pay the loan the lender can sell the collateral and keep the value. The agent can't stop the lender from doing so out of fear of the non-Jew since the lender isn't really incumbent to the agent or the non-Jew.<ref>Shulchan Aruch Y.D. 168:15, Rosh responsa 108:6</ref> Some say that if the agent was originally appointed by the lender to do this loan with the non-Jew, then if the agent is afraid of the ramifications of the lender selling the collateral, then the lender must listen and if he doesn't then he must pay for damages to the agent.<ref>Levush 168:15, Shach 168:50, Chelkat Binyamin 168:156. The explanation of the Levush is that essentially since the agent isn't a borrower he can tell the lender to do or not do something and that poses no issue. The lender should be cautious of the damages that can occur to the agent, however, if the agent arranged with the non-Jew and not the lender, then the lender doesn't have to be concerned. It is the responsibility of the agent. If the agent was originated commissioned by the Jewish lender then it is a concern for the lender that he doesn't cause a damage to the agent. The Taz 168:20 and Bet Meir disagree with the Levush. They hold that the lender doesn't have to listen to the agent in any event. They explain that the source for this halacha is the Rosh and he held that the borrower shouldn't take any responsibility for the collateral and yet he writes that he doesn't need to listen to the agent. Shach in Nekudat Hakesef 168:14 answers that these are two separate statements of the Rosh. The Bet Meir doesn't understand the Shach since the Rosh either way would discuss a permissible case according to his opinion.</ref><br />
<br />
===Lending with Interest from a Non-Jewish with a Jewish Agent using a Security Deposit===<br />
[[Image:Taking Mashkon from Non-Jew.png|300px|right]]<br />
[[Image:Returning Mashkon to Non-Jew.png| 350px| right]]<br />
# Some permit borrowing from a non-Jew with a security deposit so that they can in turn borrow with interest from another Jew with that security deposit. This is permitted since the non-Jew takes responsibility for the original loan and it is treated as two loans and not one. Ashkenazim can rely on this opinion.<ref>Ri cited by Rosh b"m 5:55, Rosh responsa 108:11, Rama 168:8 seems to support this approach. Darkei Moshe 168:4 quotes the Mordechai and Hagahot Ashri who held that it is permitted even initially. Darkei Moshe 168:9 cites the Kol Bo 84 and Hagahot Maimoniyot Malveh 5:3 who says that the minhag was like the Ri</ref> Others hold that generally this is forbidden to arrange but if one explicitly tells the non-Jew that he has responsibility for the loan then it is permitted.<ref>Ramban b"m 71b s.v. vbar cited by Tur 168:9, Rashba 7:321, Nemukei Yosef 42a, Talmidei Harashba, and Baal Hatrumot 46:4:10 s.v. vkatav alav haramban cited by Bet Yosef 168:9</ref><br />
# Even according to the strict opinion, a lender to a non-Jew with interest who collected a deposit from him which came originally from a Jew can collect the interest as long as he isn't certain that it was arranged improperly.<ref>Ri, Rosh, Shulchan Aruch 168:9. Chelkat Binyamin 168:63 explains that essentially there's two schools of thought regarding a loan with a security deposit from one Jew to another Jew with a non-Jew in between. The Gra and Levush understand that this depends on whether one may set up a non-Jew agent between two Jews who are transacting with interest. The Shach, Taz 168:14, and Chavot Daat 168:12, on the other hand, think that the security deposit poses its own problem in that it functionally creates a lien of the Jewish lender upon the original borrower Jew. This could be solved if the non-Jew acquired the deposit from the non-Jew in an absolute fashion.</ref> Some say that he may not collect the interest if he knew that it was a Jewish security deposit such as if it is a Jewish article of clothing.<ref>Tur 189:9, Shulchan Aruch 168:9. Bet Yosef 168:9 s.v. yisrael shnatan notes that the Mordechai 338 held within the opinion of Rabbenu Tam that it doesn't matter whether the deposit was clearly Jewish or not.</ref><br />
# If the original Jew wants to get his security deposit back from the other Jew who lent to the non-Jew and the non-Jew isn't cooperating, the lender Jew doesn't need to work with the borrower Jew since they didn't have any transaction one to another.<ref>Rosh responsa 108:8, Rama 168:9</ref><br />
# If a Jew has a security deposit of a non-Jew in his hands and the non-Jew direct him to use it to borrow from another Jew with interest on his behalf, the first Jew may do so.<ref>Mordechai 337 writes that a Jew can use a non-Jew's security deposit to borrow from a Jew with interest if he is instructed so by the non-Jew. The Mordechai seems to apply this even to the case where the Jew didn't have the non-Jew's deposit but instead wanted to gift him a deposit of his own for its value. The Bet Yosef is troubled by this leniency since there's no mechanism by which the non-Jew is actually acquiring the deposit. Taz 168:14 gives a nuanced explanation that it was sold to the second Jew with a condition that the non-Jew could buy it back. Bach 168:13 and Nekudat Hakesef 168:11 explain that once a owner admits to the fact someone else owns his item it halachically belongs to that person (''kinyan odita'') and that is sufficient to remove the prohibition of ribbit. Either way, the Rama 169:11 concludes that we assume that it is impossible to gift a deposit to a non-Jew without him making a physical [[kinyan]] such as meshicha.</ref><br />
====Non-Jew Borrowed from Jew with Collateral and Jewish Agent====<br />
#A Jewish agent brought a collateral from a non-Jew to another Jew in order to borrow with interest. After the loan is due, the lender Jew can ask the agent to show him which non-Jew he lent to but can not ask the agent to pay for the asked the agent to redeem the non-Jew’s collateral and pay for the loan.<ref>Bet Yosef 168:27 cites the Rashba 3:47 who speaks of a case where a Jew brought a collateral from a non-Jew to another Jew in order to borrow with interest, then the lender Jew asked the agent to redeem the non-Jew’s collateral and pay for the loan. The Rashba rules that it is forbidden for the agent Jew to pay the loan and interest since he is merely an agent. He must though indicate to the lender Jew who is the non-Jew who borrowed the money. Shulchan Aruch YD 168:27 codifies the Rashba. Shach 168:83 explains that the agent has no responsibility to sell or buy the collateral from the lender.</ref><br />
<br />
====Non-Jew Selling Jewish Debt====<br />
#If a Jew owed a non-Jew capital and interest, that non-Jew can sell that debt to another Jew. If the non-Jew collects the interest it is permitted for the Jew to accept it, yet if he doesn't then the second Jew shouldn't collect the interest from the first Jew.<ref>Rashba responsa 1:764 cited by Darkei Moshe 168:6, Bedek Habayit 168:27, and Knesset Hagedola (Bet Yosef 168:44).</ref><br />
<br />
====Jew Selling Non-Jewish Debt====<br />
# If a Jew lent a non-Jew with interest upon a security deposit of the non-Jew. Then the non-Jew sold the security deposit to another Jew and he was told to pay the debt to the first Jew and collect the security deposit. This transaction is totally permitted since the loan was made between the Jew and non-Jew and then there was a sale of the non-Jewish debt to a Jew.<ref>Rosh responsa 108:25, Shulchan Aruch 168:12</ref><br />
#However, if the Jew who bought the debt then didn't pay off the debt immediately in order to redeem the deposit and only paid it after some time, thereby accruing a further interest charge upon the non-Jewish lender, the non-Jew may pay that interest charge to the Jewish lender even if the non-Jew in turn forces the Jewish buyer to pay him for that interest charge. But the Jewish buyer may not pay the interest to the Jewish lender because that would paying interest.<ref>Rosh responsa 108:25, Shulchan Aruch 168:12</ref><br />
====When the Deposit was Taken Forcibly====<br />
# If a non-Jew took a security deposit from a Jew forcibly and then used it to borrow with interest from another Jew, that second jew may collect interest from the non-Jew but may not collect interest from the first Jew.<ref>Smak 260, Kol Bo 84, Mordechai 338 citing Riva, Baal Hatrumot 46:4:10 all quoted by the Bet Yosef 168:10</ref> Some disagree and allow collecting the interest.<ref>Rosh cited by Tur 168:10</ref> <br />
# However, under the following two circumstances one may collect the interest according to everyone: <br />
##If the force and responsibility of the loan rests upon the non-Jew besides for the security deposit then it is permitted to collect the interest from the first Jew.<ref>Bet Yosef 168:10 based on the Baal Hatrumot</ref><br />
##Additionally, if the first Jew didn't know that his security deposit was going to be used to borrow from a Jew with interest it isn't any question of interest for him to pay the second Jew the interest to redeem his item.<ref>Maharik 16 cited by Bet Yosef 168:10</ref><br />
====When the Deposit was Given to the Non-Jew Properly====<br />
# If a Jew borrowed from a non-Jew with interest and gave him a security deposit. If the non-Jew takes that deposit and uses it to borrow from another Jew with interest some say that one may not take interest from that transaction, while others say that one can. Generally we are lenient except in the following two circumstances:<ref>Shulchan Aruch 168:10, 20</ref> <br />
##If the non-Jew forcibly took the deposit from the first Jew then we assume that the deposit wasn't really acquired by the non-Jew and so when it is used to borrow against another Jew it is like there's a deal between the two Jews.<ref>Bet Yosef 168:10 in his second answer, Shach 168:26, 67, Taz 168:11. Gra 168:23 disagrees.</ref><br />
##Additionally, if the non-Jew immediately took that deposit from the first Jew and used it to borrow from the second Jew then it appears that he did so only to create a loan between two Jews. However, if he held onto it for some time for himself then it isn't an issue.<ref>Bet Yosef 168:10 in his first answer, Shach 168:67</ref><br />
<br />
====Lending with Interest from a Non-Jewish with a Jewish Agent using a Jewish Security Deposit====<br />
#If a Jew lent from another Jew and got a collateral for that loan, and specified that if the Jew didn’t pay up on time he would either sell the collateral or borrow against it with interest. If he then borrowed against it with interest from a non-Jew, he isn’t responsible to pay the interest for the loan since that was the stipulation. Instead the Jewish borrower needs to pay the interest in order to redeem his collateral.<ref>Rashba responsa cited by Bet Yosef 168:26 explains that once they stipulated that the lender Jew can borrow with interest against the collateral we understand that to mean that the ledner Jew isn’t borrowing from the non-Jew for himself, rather he is doing so as an agent of the other Jew. Therefore, the borrower Jew can repay the interest to the non-Jew and it isn’t interest to the lender Jew since he is neither a lender or a guarantor of the loan, he is simply the agent. Shaar Mishpat 168:13 cites this Rashba but also cites the Maharit YD 46 based on the Maharam who argues that it is an asmachta and isn't binding. Therefore, the lender couldn't lend to the non-Jew with interest on that collateral. Shulchan Gavoha 168:50 cites this Rashba and fundamentally puts it in the same camp as the Rosh which is codfied by Shulchan Aruch 168:26. Kovetz Halichot Horah Ribbit v. 5 p. 316-7 explains that it is necessary for the Rashba and Ramban 71a that the lender Jew be the agent of the original borrower as well as the fact that the non-Jew is collecting from the collateral. The reason is that if it was simply that the non-Jew would collect from the collateral but the Jewish lender was never appointed as an agent then he is in essence borrowing for himself with interest and having another Jew repay his interest using his collateral.</ref><br />
#If a Jew lent from another Jew and got a collateral for that loan, he can then use that collateral to borrow with interest from a non-Jew. He should specify to the non-Jew that he is borrowing on behalf of another Jew and he has no responsibility. Alternatively, if the collateral is worth the entire value of the loan he can use it to borrow from the non-Jew with interest. Then the original borrower Jew can pay the non-Jew the interest and redeem his collateral. The Jewish lender was simply the agent of the first Jew to borrow with interest from a non-Jew.<ref>Tashbetz Katan 486 writes that if the Jewish lender specifies to the non-Jew that he is borrowing on behalf of another Jew it is permitted, otherwise it is like he is borrowing for himself and having the original borrower Jew pay the interest is forbidden. Yet, the Bet Yosef 168:26 points out that the Rosh implies that it is permitted for the original borrower to pay the interest even if the lender Jew didn’t make that stipulation. Shulchan Aruch 168:26 simply quotes the case without specifically mentioning that stipulation. Shach 168:82 explains that the Tashbetz Katan and Rosh agree. Either a stipulation is necessary or having a collateral that is worth the entire value of the loan and interest. Otherwise it is forbidden. Chelkat Binyamin 168:291 agrees. Mayin Ganim Abadi YD 9 shows at length that the Bet Yosef thought that there is a dispute between the Tashbetz Katan and Rosh. The Rosh thinks that even without specifying it is assumed that the non-Jew depends on the collateral and there’s no responsibility upon the Jew. However, the Tashbetz Katan thinks that only if the Jew specifies that is it so, otherwise we assume that the non-Jew will hold responsible the Jew who is borrowing from him as well as from the collateral, in which case it would be forbidden for the original borrower to pay the interest. Erech Lechem 168:17 implies this as well. He explains that the Ran cited in Shulchan Aruch 168:17 implies like the Tashbetz Katan, yet, Shulchan Aruch ultimately sided with the Rosh and Rashba unlike the Tashbetz Katan and Ran.</ref><br />
#If a Jew wants to borrow from a non-Jew with interest and he asks another Jew to be his agent, he can do so. If he gives him a collateral then it isn’t necessary for the agent to specify that he is borrowing on behalf of someone else since the non-Jew is ready to collect from the collateral.<ref>Rosh b”m 5:56, Tur and Shulchan Aruch 168:17. Bet Yosef 168:17 based on the Nemukei Yosef 44a clarifies that it is insufficient to say that the collateral serves as the place where the non-Jew can collect, rather he needs even to specify that he bares no responsibility. Shach 168:52 cites this opinion. Shulchan Aruch 170:1 follows that opinion.</ref> Some say that as long as the collateral is actually worth the value of the loan and interest, then it is automatic that the non-Jew is ready to collect from the collateral and his lein applies to that and not to the Jew.<Ref>Shach 168:51</ref><br />
<br />
===Selling a Non-Jew's Debt to Another Jew===<br />
# If one Jew lent money to a non-Jew with interest he can then sell that loan to another Jew and he should stipulate that this is a complete sale of the loan and they will no longer have any claims upon each other. Thereby the buyer becomes the new lender to the non-Jew and can collect interest.<ref>Shulchan Aruch 168:18. When there is no security deposit, the Shach 168:62 explains that the mechanism isn't exactly a sale since one can't really sell the debt to another Jew. Rather one is forgiving the non-Jew from paying him back. Then the non-Jew can pay the second Jew as he is "considered" according to their intention to be the new lender. In Shach 168:63 he clarifies that he doesn't need to inform the non-Jew of that which he forgave. Netivot Shalom 168:18:9 explains that even though the non-Jew will be paying the second Jew in error he can collect it. Shach 168:63 is in disagreement with the Bach who thinks that it is necessary to alert the non-Jew.</ref> When there is a security deposit from the non-Jew that would have to be transferred to the second Jew with the same stipulation that it is a complete sale and they have no claims upon each other.<ref>Shulchan Aruch Y.D. 168:18</ref> According to Ashkenazim it isn't necessary to make such a clear stipulation since it is assumed that this is the stipulation.<ref>Rama 168:18 following the Mordechai and Rosh teshuva</ref><br />
# A Jew who lent to a non-Jew with interest can sell the non-Jew's loan from a certain date going forward. The first Jew would collect the interest until that date and the second from that date and on.<ref>Tur 168:18</ref><br />
# A Jew who lent a non-Jew for a certain percent he can sell that loan at a lower percent. For example, if the first Jew lent a non-Jew $100 for 10% a year and then resold that debt to another Jew for 5% a year.<ref>Levush, Shach, Chachmat Adam against Taz</ref><br />
# A Jew who lent a non-Jew money for interest can then resell it to a Jew but he may not sell a portion of that loan to a Jew.<Ref>Shach (Nekudat Hakesef on Taz 168:28) and Levush</ref><br />
# A Jew who lent a non-Jew money for interest can't stipulate the buyer resell it to him.<ref>Although the Rama 168:18 is lenient, both the Shach 168:57 and Taz 168:27 disagree.</ref><br />
# A Jew who lent a non-Jew money for interest can sell that debt to a Jew but can't stipulate that he'll sell that debt if the Jew also gives him an additional interest free loan.<ref>The Taz 168:24 in disagreeing with the Levush forbids this. Shach in Nekudat Hakesef and Chachmat Adam cited by Chelkat Binyamin 168:151 are lenient. Netivot Shalom 168:18:14:1 questions the Shach from Shulchan Aruch 166:3 and answers it. Chavot Daat 168:34 forbids because of Shulchan Aruch 160:23 and 172:4. Chelkat Binyamin thinks that even the Shach accepts part of the argument of the Chavot Daat and would forbid anytime that sale of the debt is at a lower price because of the fact that he is also receiving an interest free loan.</ref><br />
# The Jew can resell the non-Jew's debt for a lower interest rate than the non-Jew is giving him.<ref>Rama 168:18</ref><br />
# It is permitted for the buyer of the debt to leave the non-Jew's security deposit in the hands of the original Jewish lender. The responsibility of the security deposit is now upon the second Jew but if they stipulated that the first Jew would have responsibility then he does.<ref>Rama 168:18. Shach 168:58 notes that in such a case it is necessary to do a formal sale of the loan in order for him to leave the security deposit with the first Jew.</ref><br />
<br />
===Interest Gifted to A Jew or Non-Jew===<br />
# It is forbidden to lend another Jew money in order that he give the interest to a non-Jew.<ref>Shulchan Aruch Y.D. 168:1</ref> <br />
# It is permitted for a Jew to borrow from a non-Jew even if afterwards the non-Jew gives the interest to a Jew.<ref>Shulchan Aruch Y.D. 168:4</ref><br />
==Disputes about the Arrangement==<br />
#If the borrower claims that his lender charged him interest and he should return it, if the lender responds that it was done in a permissible way he is believed without any oath. Some say that it is necessary to specify how it was done permissibly.<ref>Taz 168:36</ref> <br />
#This is true as long as the lender already collected the interest. However, if he has a collateral of the borrower or a legal document that entitles him to collect, he can collect after making an oath. If he responds that he didn’t take any interest or doesn’t know if he took any interest, he is believed only if he takes an oath to that effect. This is true as long as the lender already collected the interest, has a collateral of the borrower, or have a legal document that entitles him to collect. However, in absence of that and the lender hasn’t yet collected if the borrower claims that he doesn’t owe the money due to interest he is believed and doesn’t have to pay.<Ref>Shulchan Aruch and Rama Y.D. 168:25</ref><br />
<br />
==Resources==<br />
*[https://docs.google.com/presentation/d/1ap-s04x1RQAvlRiZsg8wiN5zxmRQlCS8Bl5H4oBcpvs/edit?usp=sharing Slides for YD Siman 168-9]<br />
==Sources==<br />
<references/><br />
[[Category:Ribbit]]</div>YitzchakSultanhttps://halachipedia.com/index.php?title=Interest_with_Non-Jews&diff=25510Interest with Non-Jews2020-04-07T20:17:57Z<p>YitzchakSultan: /* Sources */</p>
<hr />
<div><br />
=Who can you take interest from?=<br />
==Non-Jews==<br />
# It is permitted to lend to and borrow from non-Jews with interest.<ref>The Gemara Bava Metsia 70b states that it is permitted to charge non-Jews ribbit and there is only a rabbinic prohibition to do so. The reason the rabbis forbade it is that they didn’t want people to learn from the non-Jews by interacting with them too much. They only permitted it for a talmid chacham or someone who needs to make money to survive. This is codified by the Rambam and Rif. However, Tosfot 70b s.v. tashich writes that today we lend with interest to non-Jews for three reasons: 1) we follow the opinion that there’s no rabbinic prohibition to lend to non-Jews at all. 2) Due to the high taxes we have to charge non-Jews interest otherwise financially wouldn’t survive and it is considered necessary for our livelihood. 3) Really based on the reason of the prohibition it is prohibited to do any business with non-Jews and if we didn’t do that we wouldn’t survive. Meiri b”m 70b agrees with reason two. Tur YD 159:1 cites the last reason of Tosfot. Shulchan Aruch and Rama Y.D. 159:1 simply writes that nowadays it is permitted to lend non-Jews with interest.</ref><br />
#Nowadays in Israel it is forbidden to lend non-Jews money with interest since it is possible to do business with Jews exclusively. Yet it would be permitted in order to make a livelihood but not to make oneself wealthy.<ref>Netivot Shalom YD 159:1:16 writes that today in Israel since it is possible to do without lending non-Jews with interest it is unclear if it is permitted to do so nowadays. Additionally, Rav Moshe Halevi in Malveh Hashem 5:3 writes that Jews who live in Israel should be strict not to lend non-Jews with interest since it is possible to transact with Jews and be financially stable. He explains that none of the reasons of Tosfot apply today except that perhaps we don't hold that there's any prohibition which is rejected. Similarly, Rav Shlomo Mazuz in Kerem Shlomo 159:8 is strict. Rav Ovadia Yosef in Halichot Olam v. 8 p. 3 writes that we hold that as long as it is difficult to do business only to Jews it is permitted in accordance with Tosfot, however, we do not hold that once the gezerah stopped applying it is nullified completely.</ref> Some poskim are lenient even in Israel.<ref>Chut Shani 2:1 p. 39 writes that even nowadays it is permitted to lend a non-Jew with interest even though in Israel we can support ourselves without business to non-Jews. Since there is some business with non-Jews and non-religious Jews the leniencies are still relevant. Chelkat Binyamin 159:10 (written in America) is lenient in all cases.</ref> <br />
# Even outside Israel one should be strict if one can.<ref>Chachmat Adam 130:6 writes that any honest man who could avoid taking interest from non-Jews should do so.</ref> Some say that for an impersonal bank it is permitted since one hardly interacts with the non-Jews.<ref> Chelkat Binyamin 159:1 s.v. vhaidna writes that one doesn’t have to be strict for the Chachmat Adam if one is lending to a bank and one only has to interact with them minimally.</ref> <br />
#It is permitted to borrow with interest from non-Jews.<ref>Rambam Malveh Vloveh 5:2 explains that they never prohibited it lest one come to learn from their ways since it is normal for a borrower to avoid the lender and not learn from him. Meiri b”m 70b agrees. Chazon Ovadia Shabbat v. 1 p. 7 and Malveh Hashem 5:5 codify this as the halacha.</ref><br />
<br />
==Non-Religious Jew==<br />
# It is permitted to lend to a non-religious Jew with interest if he was brought up religious and later became non-religious.<Ref>Shulchan Aruch 159:2</ref> Initially this should be avoided.<ref>Rama 159:2</ref><br />
# One may not lend a non-religious Jew who is raised as a non-religious Jew with interest.<reF>Shulchan Aruch and Rama 159:3 forbid lending with ribbit to someone who is a tinok shenishba. Gemara Shabbat 68b clarifies that a child who was captive among non-Jews (tinok shenishba) and didn't know about Shabbat is considered as though he sinned unintentionally. Brit Yehuda 30:12 agree. Rambam Mamrim 3:3 writes that the sons of the karaites who were brought up with the mistakes of their parents aren't considered minim but should be returned in teshuva. (Yet, see the manuscript editions which include another few words that alter the meaning of the Rambam.) Pirush Mishnayot Chullin 1:2 writes that someone who reject tenants of our faith are considered minim. However, someone who was born into a family and background with such thoughts aren't culpable and are similar to a tinok shenishba. Binyan Tzion Chadashot 23 posits that many of the non-religious Jews today are considered tinok shenishba since they're following the ways of their fathers. <br />
* Chazon Ish YD 1:6 writes that once we try to teach him about the Orthodox ways and he turns it down he is considered to be a mumar. The amount of effort necessary to spend in trying to teach him is subjective and is left up to the judgement of the rabbis of each generation. Additionally, once he is aware of the Orthodox Jews and practices even without trying to teach him he can be considered a mumar. However, that too depends on how aware he was of the Orthodox Jews and to what degree and with what intensity his parents taught his otherwise. This is the basis for the dispute whether Karaites are mumarim. </ref> This applies to conservative and reform Jews today.<ref>Igrot Moshe 4:91:6, Chelkat Binyamin 159:22</ref><br />
# Some say that it is permitted to lend the Karaites with interest.<ref>Shulchan Aruch 159:3. Bet Yosef 159:3 cites the Pirush Mishnayot Chullin 1:2 where the Rambam says that karaites are like tinok shenishba and it is forbidden to lend them with interest. Bet Yosef points out that the Nemukei Yosef 42b quotes the Ri who says that anyone who once recognized Orthodox Jews isn’t a tinok shenishba disagrees with this Rambam. Shulchan Aruch follows the Rambam. However, the Shach 159:6 cites the Maharshal, Maharnach 113, Rash quoted by Mabit 1:38, Rav Betzalel 3 who are strict. Nekudat Hakesef he writes that the halacha on this matter is unresolved. Chelkat Binyamin 159:21 concludes with the Graz who is strict.</ref><br />
<br />
==Arrangements of Loans Between Several Parties==<br />
===Lending A Non-Jew's Money to A Jew with Interest===<br />
# If a person borrowed money from a non-Jew with interest it is forbidden to then lend that money to another Jew with interest.<ref>Shulchan Aruch Y.D. 168:1</ref><br />
# If a person borrowed money from a non-Jew with interest and then before he returns it another Jew wants that loan and is willing to pay the interest to the non-Jewish lender, one may only give that loan to the second Jew under one of two methods. Both of these methods free the first Jew from any financial relationship with the second Jew:<br />
## The non-Jew tells the first Jew to leave the money in a certain location and he will be exempt<ref>Although Shulchan Aruch 168:3 hold that it is sufficient for the non-Jew to state that you can leave the money in a certain location for the second Jew and it is understood that he is exempt from the loan obligation, Shach 168:7, Taz 168:3, and Gra 168:6 all hold that it is necessary to state so explicitly.</ref> and then the second Jew takes it from there.<ref>Shulchan Aruch Y.D. 168:3</ref> <br />
## The first Jew returns the money to the non-Jew and he then gives it to the second Jew. No words need to be spoken since it is understood that when the non-Jew took the money from the first Jew he was exempting him from his loan.<ref>Shulchan Aruch Y.D. 168:2</ref><br />
## It isn't a solution for the non-Jew to simply tell the first Jew to hand the money over to the second Jew and he'll be exempt since that appears as though the two Jews lent money with interest.<ref>Shulchan Aruch Y.D. 168:1</ref><br />
===Lending with Interest with a Non-Jewish Agent===<br />
# A non-Jew who borrowed from a Jew and is ready to return the money, if he finds another Jew to borrow that money with interest can give it to him with interest. However, if the non-Jew brought the money to the lender Jew he can't lend it to another Jew since that considered a loan between the lender and the other Jew with interest. Obviously this is forbidden if the non-Jew actually gave the money back to the lender that the lender may not lend that money to a Jew with interest. Additionally it is forbidden if the non-Jew put the money on the ground for the other Jew to pick up and the lender stated that the non-Jew would be exempt once he placed the money on the ground. These are all considered Biblical interest.<ref>Gemara Bava Metsia 71b, Shulchan Aruch Y.D. 168:6</ref> However, if the non-Jew simply hands the money to the borrower Jew in the presence of the lender Jew, most rishonim hold that this is rabbinically forbidden since the non-Jew is an agent of the borrower. However, there is a minority opinion in the rishonim who allows this.<ref>Rashi Bava Metsia 71b s.v. v'im explains that the conclusion of the Gemara was that there is a concept of agency for two Jews to create a loan between them with interest. This is rabbinically forbidden. This is the opinion of the Rif, Ramban, Rashba, Ran, and Nemukei Yosef all cited by the Bet Yosef 168:6. The Rambam Malveh Vloveh 5:4 however holds it is Biblically forbidden. On the other hand, Rabbenu Tam held that the gemara backed out of that stringency and so it is permitted. Rosh responsa 108:11 ponders how someone could possibly rule like Rabbenu Tam when it seems that it is forbidden and Rabbenu Tam brought no proofs. Either way, there the Rosh rejects following Rabbenu Tam initially. He is aware of the practice of some people to follow Rabbenu Tam but he argues that it is incorrect and the lender could only accept the interest if he is unaware that the non-Jew is borrowing the money for the other Jew.</ref> The halacha is not to accept this minority opinion.<ref>Shulchan Aruch Y.D. 168:6 completely rejects Rabbenu Tam's opinion. Rama 168:5 and 7 cites Rabbenu Tam however he says that one should only follow that opinion where there is a minhag. Chelkat Binyamin 168:51 writes that we don't follow the Rabbenu Tam since it is a question of Biblical interest.</ref><br />
# It is forbidden for a Jew to arrange with a non-Jew to lend your money to him in order that he lend it to another Jew with interest.<ref>Rashba teshuva 3:243 writes that it is forbidden to lend your money to him in order that he lend it to another Jew with interest since that is a mere legal fiction and is considered taking interest. Also, there is a concept of shelichut for a non-Jew to be considered a shelichut for purposes of being strict. That is, the rabbis view this transaction as though the non-Jew is an agent of the Jews and it is a loan between two Jews. Shulchan Aruch Y.D. 168:5 rule like the Rashba. The Shach 168:10 points out that the Rama would agree as well. Malveh Hashem 1:5:12 agrees. However, the Netivot Shalom 168:5:5 argues at length that the Rama never accepted this approach of the Rashba who expanded the concept of legal fictions for ribbit. The entire concept of Rabbenu Tam who allowed having a non-Jewish agent to arrange the loan with interest or Rashi's opinion who allowed a Jewish agent to arrange the loan with interest, both of which are cited by the Rama indicate that he was not concerned with the expansions of the Rashba. This is further supported by the fact that the Rama 168:5 implies that the reason for Shulchan Aruch is completely other than the reason of making a legal fiction out of taking interest. Netivot Shalom brings sources that show that there's a fundamental dispute of how far reaching is prohibition of using legal loopholes in interest (haramat ribbit) between the Maharam and Rashba. Netivot Shalom 166:6:13 extends this discussion to that of using a heter iska and the Gra's opinion that it violates haramat ribbit.</ref> After the fact it is forbidden to take the interest since the non-Jewish agent is merely a ruse and it was really a loan with interest from a Jew.<ref>Netivot Shalom 168:5:6 explains that the haramat ribbit that the Rashba was discussing was because the real intention of the parties was to create a loan between the two Jews and so it is completely ribbit, which is forbidden even after the fact. However, the Malveh Hashem 1:5:12 writes that this haramat ribit of the Rashba is purely legal fiction that is valid, though it is forbidden to arrange. Therefore, if it was already collected certainly it doesn't need to be returned.</ref><br />
#If the lender didn't know about the fact that the borrower appointed the non-Jew to borrow for him from a Jew with interest he can keep the interest<ref>Shulchan Aruch Y.D. 168:7</ref> and some allow him to even collect the interest once it was arranged.<ref><br />
* Derisha 168:4 explains that it is absolutely forbidden for the lender to make the borrower pay the interest since it is forbidden for the borrower to pay it, however, it already happened then the lender can keep it. <br />
* Shach 168:17 argues that it is permitted for the lender to make the borrower pay the interest since it was done without his knowledge and in such a case it isn't really forbidden for the borrower with respect to the lender. Chelkat Binyamin 168:55 and 57 rules like the Shach and explains that once the lender wasn't aware of the appointment of the non-Jew by the borrower it isn't forbidden for the borrower to pay the interest. The only aspect that was forbidden is the arrangement of the loan. <br />
* Netivot Shalom 168:7:6 writes that the Teshuvat Ri doesn't imply like the Derisha at all. Netivot Shalom 168:7:6 reads the Bet Yosef in accordance with the Derisha. However, the Chelkat Binyamin (168 Tziyunim 136) argues that the Bet Yosef held like the Shach.</ref> Sephardim are more strict and only allow this completely after the fact that the interest was collected.<ref>Horah Brurah 168:31. There he mentions the idea that the Bet Yosef suggests which is if the lender doesn't know from witnesses that the borrower appointed the non-Jew to be his agent and the borrower himself since he didn't appoint the non-Jew then the lender could collect the interest. Horah Brurah concludes that one may only rely upon this after the fact.</ref><br />
# If a Jew told a non-Jew to borrow for him from another non-Jew with interest and he went and borrowed from a Jew with interest the borrower can even pay the interest.<ref>Mordechai b"m 337, Shulchan Aruch Y.D. 168:8. Shach 168:19 and Taz 168:9 argue that just like the lender can collect the interest the borrower can pay it. However, it appears from the Bet Yosef that only the lender can collect it but it is forbidden for the lender to collect it. Horah Brurah 168:34 follows the Shach and Taz that if the non-Jew didn't follow the orders of the borrower it is then permitted for both the lender and borrower to exchange the interest at the end.</ref><br />
===Non-Jew borrowing with Interest from a Jew through a Jewish Agent===<br />
# If a non-Jew asks a Jew to borrow for him from another Jew with interest the Jewish agent may do his job as long as he says clearly that he is borrowing with interest on behalf of a non-Jew or the transaction is happening in the presence of the non-Jew.<ref>Ran b"m 71b s.v. mahu, Nemukei Yosef 42a, Hagaot Ashri 5:42, Rosh responsa 108:5, Raavan 103, and Smak 260 all cited by Bet Yosef 168:13. Baal Hatrumot 46:4:10 citing Ramban b"m 71b s.v. vgoy explains that even though the Jewish agent can't halachically become the agent of the non-Jew since there's no agency for non-Jews, the Jewish agent can be the agent of the lender.</ref> <br />
# The agent can't take upon himself responsibility for the capital or the interest. If he takes upon himself responsibility for either one that is considered as though the agent is a borrower and there is interest when the lender takes interest from the borrower.<ref>Shulchan Aruch 168:13</ref><br />
# The agent can't take upon himself responsibility for the collateral getting lost or stolen, rather the lender needs to take such responsibility. If he takes upon the regular type of responsibility as a [[shomer]] would generally take that is permitted. However, he may not take responsibility for unexpected circumstances.<ref>Shulchan Aruch Y.D. 168:16 based on the Rosh in disagreement with the Ramah who allowed taking even responsibility for unexpected events. </ref> If they didn't specify this responsibility and it was left unclear, after the fact, we can assume that the Jewish lender and the agent would want to arrange it in the permitted fashion.<ref>Shach 168:36 citing Bach, Baal Hatrumot 46:4:10 citing Ramban</ref><br />
# If the non-Jew never comes to pay the loan with the interest the agent may not pay it.<ref>Shulchan Aruch Y.D. 168:14</ref><br />
## Additionally, the lender may not force the agent to buy the collateral for the price of the capital and interest.<ref>Rama 168:14, Shach 168:47, Taz 168:20, Bach 168:15, Chelkat Binyamin 168:148. According to the Taz this is even the opinion of Shulchan Aruch, but according to the Shach and Bach this is only the opinion of the Rama and Shulchan Aruch would disagree.</ref><br />
## However, if the agent wants to buy the collateral for the capital and interest he can do so.<ref>Rama 168:14, Shach 168:47, Taz 168:20, Bach 168:15</ref><br />
# If the non-Jew never comes to pay the loan the lender can sell the collateral and keep the value. The agent can't stop the lender from doing so out of fear of the non-Jew since the lender isn't really incumbent to the agent or the non-Jew.<ref>Shulchan Aruch Y.D. 168:15, Rosh responsa 108:6</ref> Some say that if the agent was originally appointed by the lender to do this loan with the non-Jew, then if the agent is afraid of the ramifications of the lender selling the collateral, then the lender must listen and if he doesn't then he must pay for damages to the agent.<ref>Levush 168:15, Shach 168:50, Chelkat Binyamin 168:156. The explanation of the Levush is that essentially since the agent isn't a borrower he can tell the lender to do or not do something and that poses no issue. The lender should be cautious of the damages that can occur to the agent, however, if the agent arranged with the non-Jew and not the lender, then the lender doesn't have to be concerned. It is the responsibility of the agent. If the agent was originated commissioned by the Jewish lender then it is a concern for the lender that he doesn't cause a damage to the agent. The Taz 168:20 and Bet Meir disagree with the Levush. They hold that the lender doesn't have to listen to the agent in any event. They explain that the source for this halacha is the Rosh and he held that the borrower shouldn't take any responsibility for the collateral and yet he writes that he doesn't need to listen to the agent. Shach in Nekudat Hakesef 168:14 answers that these are two separate statements of the Rosh. The Bet Meir doesn't understand the Shach since the Rosh either way would discuss a permissible case according to his opinion.</ref><br />
<br />
===Lending with Interest from a Non-Jewish with a Jewish Agent using a Security Deposit===<br />
[[Image:Taking Mashkon from Non-Jew.png|300px|right]]<br />
[[Image:Returning Mashkon to Non-Jew.png| 350px| right]]<br />
# Some permit borrowing from a non-Jew with a security deposit so that they can in turn borrow with interest from another Jew with that security deposit. This is permitted since the non-Jew takes responsibility for the original loan and it is treated as two loans and not one. Ashkenazim can rely on this opinion.<ref>Ri cited by Rosh b"m 5:55, Rosh responsa 108:11, Rama 168:8 seems to support this approach. Darkei Moshe 168:4 quotes the Mordechai and Hagahot Ashri who held that it is permitted even initially. Darkei Moshe 168:9 cites the Kol Bo 84 and Hagahot Maimoniyot Malveh 5:3 who says that the minhag was like the Ri</ref> Others hold that generally this is forbidden to arrange but if one explicitly tells the non-Jew that he has responsibility for the loan then it is permitted.<ref>Ramban b"m 71b s.v. vbar cited by Tur 168:9, Rashba 7:321, Nemukei Yosef 42a, Talmidei Harashba, and Baal Hatrumot 46:4:10 s.v. vkatav alav haramban cited by Bet Yosef 168:9</ref><br />
# Even according to the strict opinion, a lender to a non-Jew with interest who collected a deposit from him which came originally from a Jew can collect the interest as long as he isn't certain that it was arranged improperly.<ref>Ri, Rosh, Shulchan Aruch 168:9. Chelkat Binyamin 168:63 explains that essentially there's two schools of thought regarding a loan with a security deposit from one Jew to another Jew with a non-Jew in between. The Gra and Levush understand that this depends on whether one may set up a non-Jew agent between two Jews who are transacting with interest. The Shach, Taz 168:14, and Chavot Daat 168:12, on the other hand, think that the security deposit poses its own problem in that it functionally creates a lien of the Jewish lender upon the original borrower Jew. This could be solved if the non-Jew acquired the deposit from the non-Jew in an absolute fashion.</ref> Some say that he may not collect the interest if he knew that it was a Jewish security deposit such as if it is a Jewish article of clothing.<ref>Tur 189:9, Shulchan Aruch 168:9. Bet Yosef 168:9 s.v. yisrael shnatan notes that the Mordechai 338 held within the opinion of Rabbenu Tam that it doesn't matter whether the deposit was clearly Jewish or not.</ref><br />
# If the original Jew wants to get his security deposit back from the other Jew who lent to the non-Jew and the non-Jew isn't cooperating, the lender Jew doesn't need to work with the borrower Jew since they didn't have any transaction one to another.<ref>Rosh responsa 108:8, Rama 168:9</ref><br />
# If a Jew has a security deposit of a non-Jew in his hands and the non-Jew direct him to use it to borrow from another Jew with interest on his behalf, the first Jew may do so.<ref>Mordechai 337 writes that a Jew can use a non-Jew's security deposit to borrow from a Jew with interest if he is instructed so by the non-Jew. The Mordechai seems to apply this even to the case where the Jew didn't have the non-Jew's deposit but instead wanted to gift him a deposit of his own for its value. The Bet Yosef is troubled by this leniency since there's no mechanism by which the non-Jew is actually acquiring the deposit. Taz 168:14 gives a nuanced explanation that it was sold to the second Jew with a condition that the non-Jew could buy it back. Bach 168:13 and Nekudat Hakesef 168:11 explain that once a owner admits to the fact someone else owns his item it halachically belongs to that person (''kinyan odita'') and that is sufficient to remove the prohibition of ribbit. Either way, the Rama 169:11 concludes that we assume that it is impossible to gift a deposit to a non-Jew without him making a physical [[kinyan]] such as meshicha.</ref><br />
====Non-Jew Borrowed from Jew with Collateral and Jewish Agent====<br />
#A Jewish agent brought a collateral from a non-Jew to another Jew in order to borrow with interest. After the loan is due, the lender Jew can ask the agent to show him which non-Jew he lent to but can not ask the agent to pay for the asked the agent to redeem the non-Jew’s collateral and pay for the loan.<ref>Bet Yosef 168:27 cites the Rashba 3:47 who speaks of a case where a Jew brought a collateral from a non-Jew to another Jew in order to borrow with interest, then the lender Jew asked the agent to redeem the non-Jew’s collateral and pay for the loan. The Rashba rules that it is forbidden for the agent Jew to pay the loan and interest since he is merely an agent. He must though indicate to the lender Jew who is the non-Jew who borrowed the money. Shulchan Aruch YD 168:27 codifies the Rashba. Shach 168:83 explains that the agent has no responsibility to sell or buy the collateral from the lender.</ref><br />
<br />
====Non-Jew Selling Jewish Debt====<br />
#If a Jew owed a non-Jew capital and interest, that non-Jew can sell that debt to another Jew. If the non-Jew collects the interest it is permitted for the Jew to accept it, yet if he doesn't then the second Jew shouldn't collect the interest from the first Jew.<ref>Rashba responsa 1:764 cited by Darkei Moshe 168:6, Bedek Habayit 168:27, and Knesset Hagedola (Bet Yosef 168:44).</ref><br />
<br />
====Jew Selling Non-Jewish Debt====<br />
# If a Jew lent a non-Jew with interest upon a security deposit of the non-Jew. Then the non-Jew sold the security deposit to another Jew and he was told to pay the debt to the first Jew and collect the security deposit. This transaction is totally permitted since the loan was made between the Jew and non-Jew and then there was a sale of the non-Jewish debt to a Jew.<ref>Rosh responsa 108:25, Shulchan Aruch 168:12</ref><br />
#However, if the Jew who bought the debt then didn't pay off the debt immediately in order to redeem the deposit and only paid it after some time, thereby accruing a further interest charge upon the non-Jewish lender, the non-Jew may pay that interest charge to the Jewish lender even if the non-Jew in turn forces the Jewish buyer to pay him for that interest charge. But the Jewish buyer may not pay the interest to the Jewish lender because that would paying interest.<ref>Rosh responsa 108:25, Shulchan Aruch 168:12</ref><br />
====When the Deposit was Taken Forcibly====<br />
# If a non-Jew took a security deposit from a Jew forcibly and then used it to borrow with interest from another Jew, that second jew may collect interest from the non-Jew but may not collect interest from the first Jew.<ref>Smak 260, Kol Bo 84, Mordechai 338 citing Riva, Baal Hatrumot 46:4:10 all quoted by the Bet Yosef 168:10</ref> Some disagree and allow collecting the interest.<ref>Rosh cited by Tur 168:10</ref> <br />
# However, under the following two circumstances one may collect the interest according to everyone: <br />
##If the force and responsibility of the loan rests upon the non-Jew besides for the security deposit then it is permitted to collect the interest from the first Jew.<ref>Bet Yosef 168:10 based on the Baal Hatrumot</ref><br />
##Additionally, if the first Jew didn't know that his security deposit was going to be used to borrow from a Jew with interest it isn't any question of interest for him to pay the second Jew the interest to redeem his item.<ref>Maharik 16 cited by Bet Yosef 168:10</ref><br />
====When the Deposit was Given to the Non-Jew Properly====<br />
# If a Jew borrowed from a non-Jew with interest and gave him a security deposit. If the non-Jew takes that deposit and uses it to borrow from another Jew with interest some say that one may not take interest from that transaction, while others say that one can. Generally we are lenient except in the following two circumstances:<ref>Shulchan Aruch 168:10, 20</ref> <br />
##If the non-Jew forcibly took the deposit from the first Jew then we assume that the deposit wasn't really acquired by the non-Jew and so when it is used to borrow against another Jew it is like there's a deal between the two Jews.<ref>Bet Yosef 168:10 in his second answer, Shach 168:26, 67, Taz 168:11. Gra 168:23 disagrees.</ref><br />
##Additionally, if the non-Jew immediately took that deposit from the first Jew and used it to borrow from the second Jew then it appears that he did so only to create a loan between two Jews. However, if he held onto it for some time for himself then it isn't an issue.<ref>Bet Yosef 168:10 in his first answer, Shach 168:67</ref><br />
<br />
====Lending with Interest from a Non-Jewish with a Jewish Agent using a Jewish Security Deposit====<br />
#If a Jew lent from another Jew and got a collateral for that loan, and specified that if the Jew didn’t pay up on time he would either sell the collateral or borrow against it with interest. If he then borrowed against it with interest from a non-Jew, he isn’t responsible to pay the interest for the loan since that was the stipulation. Instead the Jewish borrower needs to pay the interest in order to redeem his collateral.<ref>Rashba responsa cited by Bet Yosef 168:26 explains that once they stipulated that the lender Jew can borrow with interest against the collateral we understand that to mean that the ledner Jew isn’t borrowing from the non-Jew for himself, rather he is doing so as an agent of the other Jew. Therefore, the borrower Jew can repay the interest to the non-Jew and it isn’t interest to the lender Jew since he is neither a lender or a guarantor of the loan, he is simply the agent. Shaar Mishpat 168:13 cites this Rashba but also cites the Maharit YD 46 based on the Maharam who argues that it is an asmachta and isn't binding. Therefore, the lender couldn't lend to the non-Jew with interest on that collateral. Shulchan Gavoha 168:50 cites this Rashba and fundamentally puts it in the same camp as the Rosh which is codfied by Shulchan Aruch 168:26. Kovetz Halichot Horah Ribbit v. 5 p. 316-7 explains that it is necessary for the Rashba and Ramban 71a that the lender Jew be the agent of the original borrower as well as the fact that the non-Jew is collecting from the collateral. The reason is that if it was simply that the non-Jew would collect from the collateral but the Jewish lender was never appointed as an agent then he is in essence borrowing for himself with interest and having another Jew repay his interest using his collateral.</ref><br />
#If a Jew lent from another Jew and got a collateral for that loan, he can then use that collateral to borrow with interest from a non-Jew. He should specify to the non-Jew that he is borrowing on behalf of another Jew and he has no responsibility. Alternatively, if the collateral is worth the entire value of the loan he can use it to borrow from the non-Jew with interest. Then the original borrower Jew can pay the non-Jew the interest and redeem his collateral. The Jewish lender was simply the agent of the first Jew to borrow with interest from a non-Jew.<ref>Tashbetz Katan 486 writes that if the Jewish lender specifies to the non-Jew that he is borrowing on behalf of another Jew it is permitted, otherwise it is like he is borrowing for himself and having the original borrower Jew pay the interest is forbidden. Yet, the Bet Yosef 168:26 points out that the Rosh implies that it is permitted for the original borrower to pay the interest even if the lender Jew didn’t make that stipulation. Shulchan Aruch 168:26 simply quotes the case without specifically mentioning that stipulation. Shach 168:82 explains that the Tashbetz Katan and Rosh agree. Either a stipulation is necessary or having a collateral that is worth the entire value of the loan and interest. Otherwise it is forbidden. Chelkat Binyamin 168:291 agrees. Mayin Ganim Abadi YD 9 shows at length that the Bet Yosef thought that there is a dispute between the Tashbetz Katan and Rosh. The Rosh thinks that even without specifying it is assumed that the non-Jew depends on the collateral and there’s no responsibility upon the Jew. However, the Tashbetz Katan thinks that only if the Jew specifies that is it so, otherwise we assume that the non-Jew will hold responsible the Jew who is borrowing from him as well as from the collateral, in which case it would be forbidden for the original borrower to pay the interest. Erech Lechem 168:17 implies this as well. He explains that the Ran cited in Shulchan Aruch 168:17 implies like the Tashbetz Katan, yet, Shulchan Aruch ultimately sided with the Rosh and Rashba unlike the Tashbetz Katan and Ran.</ref><br />
<br />
===Selling a Non-Jew's Debt to Another Jew===<br />
# If one Jew lent money to a non-Jew with interest he can then sell that loan to another Jew and he should stipulate that this is a complete sale of the loan and they will no longer have any claims upon each other. Thereby the buyer becomes the new lender to the non-Jew and can collect interest.<ref>Shulchan Aruch 168:18. When there is no security deposit, the Shach 168:62 explains that the mechanism isn't exactly a sale since one can't really sell the debt to another Jew. Rather one is forgiving the non-Jew from paying him back. Then the non-Jew can pay the second Jew as he is "considered" according to their intention to be the new lender. In Shach 168:63 he clarifies that he doesn't need to inform the non-Jew of that which he forgave. Netivot Shalom 168:18:9 explains that even though the non-Jew will be paying the second Jew in error he can collect it. Shach 168:63 is in disagreement with the Bach who thinks that it is necessary to alert the non-Jew.</ref> When there is a security deposit from the non-Jew that would have to be transferred to the second Jew with the same stipulation that it is a complete sale and they have no claims upon each other.<ref>Shulchan Aruch Y.D. 168:18</ref> According to Ashkenazim it isn't necessary to make such a clear stipulation since it is assumed that this is the stipulation.<ref>Rama 168:18 following the Mordechai and Rosh teshuva</ref><br />
# A Jew who lent to a non-Jew with interest can sell the non-Jew's loan from a certain date going forward. The first Jew would collect the interest until that date and the second from that date and on.<ref>Tur 168:18</ref><br />
# A Jew who lent a non-Jew for a certain percent he can sell that loan at a lower percent. For example, if the first Jew lent a non-Jew $100 for 10% a year and then resold that debt to another Jew for 5% a year.<ref>Levush, Shach, Chachmat Adam against Taz</ref><br />
# A Jew who lent a non-Jew money for interest can then resell it to a Jew but he may not sell a portion of that loan to a Jew.<Ref>Shach (Nekudat Hakesef on Taz 168:28) and Levush</ref><br />
# A Jew who lent a non-Jew money for interest can't stipulate the buyer resell it to him.<ref>Although the Rama 168:18 is lenient, both the Shach 168:57 and Taz 168:27 disagree.</ref><br />
# A Jew who lent a non-Jew money for interest can sell that debt to a Jew but can't stipulate that he'll sell that debt if the Jew also gives him an additional interest free loan.<ref>The Taz 168:24 in disagreeing with the Levush forbids this. Shach in Nekudat Hakesef and Chachmat Adam cited by Chelkat Binyamin 168:151 are lenient. Netivot Shalom 168:18:14:1 questions the Shach from Shulchan Aruch 166:3 and answers it. Chavot Daat 168:34 forbids because of Shulchan Aruch 160:23 and 172:4. Chelkat Binyamin thinks that even the Shach accepts part of the argument of the Chavot Daat and would forbid anytime that sale of the debt is at a lower price because of the fact that he is also receiving an interest free loan.</ref><br />
# The Jew can resell the non-Jew's debt for a lower interest rate than the non-Jew is giving him.<ref>Rama 168:18</ref><br />
# It is permitted for the buyer of the debt to leave the non-Jew's security deposit in the hands of the original Jewish lender. The responsibility of the security deposit is now upon the second Jew but if they stipulated that the first Jew would have responsibility then he does.<ref>Rama 168:18. Shach 168:58 notes that in such a case it is necessary to do a formal sale of the loan in order for him to leave the security deposit with the first Jew.</ref><br />
<br />
===Interest Gifted to A Jew or Non-Jew===<br />
# It is forbidden to lend another Jew money in order that he give the interest to a non-Jew.<ref>Shulchan Aruch Y.D. 168:1</ref> <br />
# It is permitted for a Jew to borrow from a non-Jew even if afterwards the non-Jew gives the interest to a Jew.<ref>Shulchan Aruch Y.D. 168:4</ref><br />
==Disputes about the Arrangement==<br />
#If the borrower claims that his lender charged him interest and he should return it, if the lender responds that it was done in a permissible way he is believed without any oath. Some say that it is necessary to specify how it was done permissibly.<ref>Taz 168:36</ref> <br />
#This is true as long as the lender already collected the interest. However, if he has a collateral of the borrower or a legal document that entitles him to collect, he can collect after making an oath. If he responds that he didn’t take any interest or doesn’t know if he took any interest, he is believed only if he takes an oath to that effect. This is true as long as the lender already collected the interest, has a collateral of the borrower, or have a legal document that entitles him to collect. However, in absence of that and the lender hasn’t yet collected if the borrower claims that he doesn’t owe the money due to interest he is believed and doesn’t have to pay.<Ref>Shulchan Aruch and Rama Y.D. 168:25</ref><br />
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==Resources==<br />
*[https://docs.google.com/presentation/d/1ap-s04x1RQAvlRiZsg8wiN5zxmRQlCS8Bl5H4oBcpvs/edit?usp=sharing Slides for YD Siman 168-9]<br />
==Sources==<br />
<references/><br />
[[Category:Ribbit]]</div>YitzchakSultanhttps://halachipedia.com/index.php?title=Dvar_shebekedusha&diff=25509Dvar shebekedusha2020-04-07T19:29:28Z<p>YitzchakSultan: Redirected page to Dvarim Shebekedusha</p>
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<div>#REDIRECT [[Dvarim Shebekedusha]]</div>YitzchakSultanhttps://halachipedia.com/index.php?title=Halachot_Related_to_Coronavirus/COVID-19_Pandemic&diff=25508Halachot Related to Coronavirus/COVID-19 Pandemic2020-04-07T17:32:18Z<p>YitzchakSultan: /* Doctors Working in the Hospital */</p>
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<div>[[Image:3D medical animation corona virus.jpg|right|300px]]<br />
All rabbinim agree that one should be cautious with all the health guidelines and social distancing<ref>[https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 34)] interestingly describes the sources in general about the Jewish view on handshaking and whether it is a [[Chukot Hagoyim]]. The poskim hold that in it isn't however, at this time it is forbidden because of the health concerns.</ref> set up by the government and other local institutions in order to stay safe and help prevent getting others sick.<ref>[https://www.torahanytime.com/#/lectures?v=104843 Rav Yitzchak Yosef], [http://www.torahweb.org/torah/docs/rsch/RavSchachter-with-doctors_Mar-15-2020.pdf Rav Hershel Schachter], Rav Asher Weiss (Teleconference March 22 2020), [https://www.ou.org/covid19/ OU (March 20 2020)], [https://www.torahanytime.com/#/lectures?v=106099 Rav Shmuel Fuerst (min 53)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal], [https://www.jpost.com/israel-news/leader-of-ultra-orthodox-world-calls-for-lone-prayer-due-to-coronavirus-622805 Rav Chaim Kanievsky], [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Shlomo Aviner (Keter Yitnu Lecha p. 34)], and RCBC letters. An article on [https://www.kikar.co.il/abroad/354170.html kikar.co.il] describes how the gedolim are currently davening privately including: the Gerre rebbe, Rav Shalom Kohen, Rav Gershon Edelstein, Rav Moshe Shternbuch, Rav Yitzchak Yosef, Sanser Rebbe, Rav Bakshi Doron, Rav Dovid Yosef, Bavian Rebbe, and Rav Sheiner.<br />
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*Endangering Oneself to Learn Torah: Ketubot 77b records and praises the practice of Reish Lakish to teach Torah to those ill with tzarat, some translate as leprosy, even though it is contagious. The gemara explained that he did so out of his love for Torah. Daf Al Hadaf cites Mishnat Pikuach Nefesh 69:7 who asks how Reish Lakish could endanger himself and rely on a miracle. He answers that the disease he was concerned with was only dangerous to health but not life threatening.</ref> Coronavirus, as it causes a serious health threat to some people, inhibits any social gatherings and semachot, and has severely damaged the economy and livelihood of certain people, poses a serious challenge to everyone. We all need to daven and take advantage of the circumstances in order to best serve Hashem. As a thoughtful Jew, it is incumbent upon a person to take to heart some important lessons of life and re-strengthen himself in his commitments. <ref>Rambam Taniyot 1:1-3, [https://www.torahanytime.com/#/lectures?a=105844 Rav Reuven Epstein] emphasizes that we need to take a lesson from corona since it overtly a hardship for Jews and humanity and a sign from Hashem. [https://www.yutorah.org/lectures/lecture.cfm/949185/rabbi-menachem-penner/shema-everything-is-from-hashem/ Rabbi Penner] discussed how we can revitalize our strength in mitzvot at this time based on better appreciating the lessons of Shema. Rav Asher Weiss (Teleconference March 22, 2020) introduced his shiur by discussing how we can strengthen our commitment to [[Ben Adam Lchavero]]. [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha)] wrote many lengthy pieces on the hashkafic questions related to COVID19.</ref> Additionally, on a practical level, COVID19 has many implications for people, and below is a small collection of the relevant halachot.<br />
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==[[Tefillah]]==<br />
When davening at home one should be cognizant of the following ideas:<br />
<br />
#The best time to pray is Netz. According to many poskim this is equivalent to praying with a minyan.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz], Laws of Praying Beyachid (Adar 5780) by Rabbi Yonatan Nacson p. 1 citing Yalkut Yosef 89:1</ref><br />
#A person should daven in a [[makom kavuah]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] and [https://www.star-k.org/videos.php Rabbi Moshe Heinemann around minutes 5-7]</ref><br />
#A person should daven in front of a wall so that there's no distractions in front of him.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]</ref><br />
#A person can and should daven near a window that serves as a means of being inspired to look towards heaven.<ref>Shulchan Aruch 90:4 writes that there should be windows in a place where one davens. [https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] suggested that the same should be done for when we daven at home to daven in a place where there is a window.</ref><br />
#A person can daven [[Shemona Esrei]] aloud if it helps his kavana. It also serves as a role model for children.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]</ref><br />
#A person shouldn't daven in a room that is usually used for frivolity.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]</ref><br />
#A person shouldn't daven in front of an open bathroom.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]</ref><br />
#At a time of a plague such as our times it is advisable to say [[ketoret]] which has the power to end a plague.<ref>Laws of Praying Beyachid by Rabbi Nacson p. 2, [https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] citing Rabbi Akiva Eiger teshuva 71</ref><br />
#According to some, at this time a person should recite Avinu Malkenu in [[Shacharit]] and [[Mincha]],<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] quoting Rav Schachter</ref> while others emphasize how one must focus on Teshuvah and reciting all parts of the regular seder haTefillah first.<ref>[https://www.torahanytime.com/#/lectures?v=104864 Rav Bention Mutzafi (55:10)]</ref> Avinu Malkenu should not be recited during [[Nissan]].<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal] stated that one should not recite Avinu Malkenu during Nissan. See Divrei Yatziv OC 75 for different minhagim about saying Avinu Malkenu during Nissan. See discussion page.</ref><br />
#Eating a meal before davening when the time comes to daven a certain tefillah should be avoided since generally we are lenient about this since we go to established minyanim but for when that isn't possible we should be more strict about this.<ref>Mishna Shabbat 9b, [https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]. [https://www.star-k.org/videos.php Rabbi Moshe Heinemann] around minutes 5-7 says that if one sets an alarm, that should be sufficient</ref> See details here about [[Eating before Davening| eating]] and [[Other Activities before Davening| doing activities before davening]].<br />
#When davening as a family, in a temporary fashion, some hold that it isn't necessary to have a [[mechitza]] and the men and women can simply daven on different sides of the room.<ref>Igrot Moshe 5:12:1 writes that regarding a Shabbos Sheva Brachos since it is just the family and it is a temporary situation no mechitza is necessary.</ref> See [[Mechitza]] for more details.<br />
#A person shouldn't forget to recite [[Birkat Halevana]] by themselves when they see the moon. It can be said from indoors. See [[Birkat Halevana]] page for details.<br />
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===Parts of Davening to Skip===<br />
<br />
#On Friday night an individual doesn't recite [[Shabbat_Davenings#Me.27ayn_Sheva |Magen Avot]] after Shemona Esrei of Maariv.<ref>Laws of Praying Beyachid p. 10 citing Shulchan Aruch O.C. 268:8</ref> However, one should recite Vayechulu.<ref>[https://vimeo.com/399141271 Rabbi Moshe Heinemann] at around 24:45. At around 34 minutes, he clarifies that this can be done even by yourself, though normally we try to say it with at least two </ref><br />
#One doesn't recite [[Baruch Shemey]] when praying by oneself since it is part of the activity of removing the Sefer Torah.<ref>Mishna Brurah 134:13</ref><br />
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==Minyan via Porches or Technology==<br />
<br />
#It is forbidden to have a minyan in person whether it is in a shul, shteibel, home, or backyard.<ref>[https://www.ou.org/covid19/ OU]. [https://www.yutorah.org/lectures/lecture.cfm/950656/rabbi-hershel-schachter/piskei-corona-14-forming-a-minyan-outside/ Rav Schachter (Piskei Corona #14)] writes that a person shouldn't try to make a minyan on his lawn spread out even if there's a small remote chance of spreading the virus. He also held that making a minyan with ten people standing on different balconies or porches doesn't count as a minyan. [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)] writes that certainly a person should not attend a minyan because of the danger and one may not rely on the zechut of a minyan to protect him, one needs to be safe. </ref><br />
#If there ten people standing on their own porches and can see one another, some say that one can not create a minyan in such a manner, while others hold that one can.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950656/rabbi-hershel-schachter/piskei-corona-14-forming-a-minyan-outside/ Rav Schachter (Piskei Corona #14)] holds that it isn't a valid minyan. However, Rav Shternbuch (teshuva Nissan 8 5780) held that it is a valid minyan. To satisfy all the opinions the shaliach tzibur should have in mind that when he does chazarat hashatz that he could be praying a voluntary tefillah. They can't join if they're across the street and within ten tefachim of the ground. The shaliach tzibur needs to be able to see everyone. For kriyat hatorah that is done with porches initially one should call up the baal koreh or anyone on his porch, then one can even call up to an aliya someone on another porch as long as he can hear the baal koreh. The kohanim should leave before retzah because they can't say birkat kohanim. Someone davening alone doesn't have to hear kriyat hatorah since it is an obligation of the community and not individual. Rav Asher Weiss (Teleconference with Aguda, April 2 2020) was also inclined to hold that it is possible to make a minyan with people on porches who can see each other.<br />
<br />
*Mishna Brurah 55:48 based on Rashba responsa 1:96 holds that one can learn from the laws of zimmun that if people can see each other they can join for minyan.</ref><br />
#You can't create a minyan with a video (e.g. zoom or skype) or phone call but one can join a minyan of ten men in one room with a video or phone call in order to answer [[dvarim shebekedusha]].<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)], Rabbi Nacson in Laws of Praying Beyachid p. 4 based on Yalkut Yosef 5775 ed Yamim Noraim p. 17, Yabia Omer 1:19:18, Chazon Ovadia Purim p. 56</ref><br />
#It isn't considered a minyan for people to join together to daven on a video conference but it is still somewhat spiritually valuable.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)]</ref><br />
<br />
===Answering [[Amen]]===<br />
<br />
#Even if there is a time delay between the person reciting the bracha and the one answering it that wouldn't be considered an [[Amen Yetoma]].<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)], [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)], Rabbi Nacson in Laws of Praying Beyachid p. 4 based on Yalkut Yosef 5775 ed Yamim Noraim p. 17, Yabia Omer 1:19:18, Chazon Ovadia Purim p. 56</ref><br />
<br />
===Megillah===<br />
<br />
#There is a major dispute if a person could fulfill their mitzvah of listening to the megillah on the phone or through watching a live streamed video. Some rabbanim advised this,<ref>Rav Schachter cited by [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)] and Rav Aviner agreed.</ref> while others hold that one can't fulfill one's mitzvah at all.<ref>Rav Dovid Feinstein cited by [http://podcast.headlinesbook.com/e/coronavirus-what-the-halacha-tells-us/ Rabbi Fink] and [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)]</ref> See this topic explained more fully here: [[Brachot_Through_a_Microphone]].<br />
<br />
==Netilat Yadayim==<br />
<br />
#If a person wants to wash his hands with soap and wash [[Netilat Yadayim for a meal]], one should first wash Netilat Yadyaim for the meal, dry the hands, recite the bracha, and then wash one's hands with soap and then recite the Hamotzei.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Willig (min 30-34)]</ref><br />
<br />
==Shabbat Davening==<br />
===Friday Night===<br />
#Although the reason for reciting Shalom Alechem on a Friday night is that the angels accompany you home from shul and you welcome them to your home, if one was unable to attend shul on a Friday night, he would still sing Shalom Alechem.<ref>[https://vimeo.com/399141271 Rabbi Moshe Heinemann] at around 28:30 in the name of Rav Moshe Feinstein, because Hashem will not punish you by not sending the angels when you weren't able to attend</ref><br />
===Davening for the Sick===<br />
# It is generally prohibited to daven on Shabbat for our needs or for the well-being of a sick person. However, if the person is in a state of mortal danger one may daven for his well-being on Shabbat.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951537/rabbi-hershel-schachter/piskei-corona-25-davening-for-the-sick/ Rav Schachter (Piskei Corona #25)]</ref> See [[Shabbat_Davenings#Personal_Requests]] for all of the details of this topic.<br />
<br />
===[[Kriyat Hatorah]]===<br />
#A person who is at home and can't be at shul should nonetheless read the parsha from a chumash between Shacharit and Mussaf as a way of remembering the concept of kriyat hatorah. He can use that reading as part of his reading of [[Shenayim Mikra Vechad Targum]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] quoting Rabbi Willig. [https://www.star-k.org/videos.php Rabbi Moshe Heinemann] around minutes 7-10 agrees that you should do so on Shabbat, but that it is not necessary on Monday and Thursday. </ref> Some think this doesn't accomplish anything.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950291/rabbi-hershel-schachter/piskei-corona-8-krias-hatorah/ Rav Schachter (Piskei Corona #8)]</ref><br />
#When the congregation misses a kriyat hatorah they can make it up by reading two parshiyot next week in Shul. However, if they miss multiple weeks there is a discussion if they should or could make up all of the parshiyot that they missed.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] based on Rama and Magen Avraham</ref><br />
#A person should not move a sefer torah out of a Shul for a home minyan.<ref>[https://drive.google.com/file/d/14IUOs2OOMhloqYwnbv3iKGrWS6GbYGId/view?usp=drivesdk Rabbi Yonatan Nacson in Laws of Praying Byachid (p. 10)] citing Rav Asher Weiss</ref> See [[Respecting_a_Sefer_Torah#Transporting_a_Sefer_Torah]] for more details.<br />
#There still is an obligation of [[Shenayim Mikra Vechad Targum]] when the there is no congregation doing the Kriyat Hatorah in shul.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950291/rabbi-hershel-schachter/piskei-corona-8-krias-hatorah/ Rav Schachter (Piskei Corona #8)</ref><br />
#One doesn't recite [[Baruch Shemey]] when praying by oneself since it is part of the activity of removing the Sefer Torah.<ref>Mishna Brurah 134:13</ref><br />
===Anim Zemirot===<br />
# A person davening alone doesn't have to recite Anim Zemirot.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951536/rabbi-hershel-schachter/piskei-corona-24-anim-zmiros-without-a-minyan/ Rav Schachter (Piskei Corona #24)] explains that anim zemirot was instituted only for a minyan, and according to Rav Soloveitchik was considered a [[dvar shebekedusha]].</ref><br />
<br />
==[[Hagomel]]==<br />
<br />
#A person who was quarantined and got out of quarantine doesn't recite Hagomel since they were in no danger.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
#A person needs to recite [[hagomel]] in front of a [[minyan]] of ten men. Some suggest that this can be recited before ten people listening on a video or phone call and can answer amen. Even though they aren't present, the minyan in this context is purely to publicize the idea so it is permissible.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)]</ref> Others disagree and as long as the minyan isn't in the same room one can not recite hagomel.<ref>Divrei Dovid 4:3</ref><br />
#According to Ashkenazim, if a person is ill with a sickness to the point that he is a choleh sheyesh bo sakana, a concern of mortal danger, he should recite Hagomel, but if he less sick than that there is no need to recite Hagomel.<ref>Rama 219:8, [http://nleresources.com/2020/03/rav-asher-weiss-coronavirus-in-halacha/#.XnoNOIjYrIU Rav Asher Weiss (March 15 2015, min 11)]</ref> Sephardic tradition is to recite Hagomel anytime someone was sick in bed such as with a flu or bad cold even for a short period of time.<ref>[https://itorah.com/global-search/birkat%20hagomel Rabbi Mansour ("Saying Birkat Hagomel Within 3 Days and Laws of Birkat Hagomel Following A Sickness")]</ref><br />
<br />
==[[Bedikat Chametz]] and [[Biur Chametz]]==<br />
<br />
#A person should do bedikat chametz after praying by oneself at Tzet Hakochavim and then immediately begin the bedika. They should not have a meal within a half hour of the bedika.<ref>[https://www.torahanytime.com/#/lectures?v=106099 Rav Shmuel Fuerst (min 1-5)],[https://www.yutorah.org/sidebar/lecture.cfm/950401/rabbi-dan-cohen-rabbi-meir-gavriel-elbaz/pesach-prep-simplified/ Rav Meir Elbaz (min 17-8)]</ref><br />
#Because one can't do a large communal Chametz burning because gatherings aren't safe and even doing it with a few people at a time can look to non-Jews as unsafe. Rather one should just do biur chametz with a Kezayit by flushing it down the toilet.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-3-Mar-26-2020.pdf Rav Herschel Schachter (teshuva Rosh Chodesh Nissan 5780)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]. [https://www.jpost.com/Israel-News/Chief-Rabbis-Dont-leave-home-to-burn-chametz-for-Passover-623072 Rav Yitzchak Yosef and Rav David Lau] said that one should not go outside to burn chametz or kasher pots.</ref><br />
#A person should sell chametz in the house or office if he left there before he had the chance to do a bedikat chametz. By selling the chametz there he is absolving himself of having to do bedikat chametz.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/950401/rabbi-dan-cohen-rabbi-meir-gavriel-elbaz/pesach-prep-simplified/ Rav Elbaz (min 26)], Rav Asher Weiss (Teleconference, March 29 2020 11am)</ref><br />
<br />
==Selling [[Chametz]]==<br />
<br />
#If a person doesn't usually [[sell chametz]] and is afraid that if he doesn't sell chametz one year he isn't going to have food afterwards he can sell his chametz. He wouldn't require a [[hatarat nedarim]].<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (min 20)], [https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 9-11)]. [http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-3-Mar-26-2020.pdf Rav Herschel Schachter (teshuva Rosh Chodesh Nissan 5780)] explained the reason why the hatarat nedarim isn't necessary. [https://vimeo.com/399141271 Rabbi Moshe Heinemann] at around 46:45 agrees that if there is a big loss one can be lenient and sell chametz and it would not require hatarat nedarim, although he isn't so sure that it would be a big loss to an individual.</ref><br />
#A person can sell his chametz on the phone or online and if possible a kinyan can be made virtually in order to appoint the rabbi to sell the chametz. The kinyan would take place as follows: the rabbi would ask if there's someone standing next to the one who wants to appoint the rabbi and if there is then that person can give a pen or a utensil to the one who wants to appoint the rabbi as his shaliach. This is considered a valid kinyan between the person standing there and the one who wants to appoint the rabbi on behalf of the rabbi to be appointed. If that isn't feasible it isn't necessary. Nonetheless, one could stipulate in the document that this appointment of the rabbi is done with the full knowledge of its legal ramifications and it is accepted completely.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-1-Mar-24-2020.pdf Rav Hershel Schachter (Teshuva dated 28 Adar 5780 p. 2)], Nefesh Harav p. 179, [https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (min 1-5)] explained that the minhag is to make a kinyan to appoint a someone to sell something for you. This is classically done with a handing of a handkerchief from the rabbi to the one selling chametz. However, when they call on the phone that isn't possible. The Steipler held in such a case it isn't necessary to be careful about that minhag and simply have the person orally declare that he appoints the rabbi. However, Rav Soloveitchik felt that we should try to fulfill the minhag in any event. How can it be fulfilled? One can have someone standing in the room next to the person on the phone give something to the person on the phone on behalf of the rabbi. That is an effective halachic kinyan on behalf of the rabbi (see Kiddushin 7a). [https://www.torahanytime.com/#/lectures?v=106099 Rav Shmuel Fuerst (min 10)] explained that one can appoint the rabbi to sell his chametz online. Rav Asher Weiss (Minchat Asher Corona p. 66) agrees. [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal] allowed appointing the rabbi online if he is a talmid chacham.</ref><br />
#There is no issue with the selling of Chametz even though the Chametz is in a locked building or in a place that isn't accessible to the non-Jew because of the coronavirus situation.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950290/rabbi-hershel-schachter/piskei-corona-10-chametz-sheeno-birshuso/ Rav Schachter (Piskei Corona #10)]</ref><br />
#Some poskim allow ordering chametz on Pesach if one is certain that it will only be delivered after pesach.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951179/rabbi-hershel-schachter/piskei-corona-17-ordering-chametz-from-a-non-jew-on-pesach-to-arrive-after-pesach/ Rav Schachter (Piskei Corona #17)] explains that it isn't considered rotzeh bkiyumo, wanting the chametz to continue to exist, to order the chametz since one doesn't insist on any particular box of chametz that the company provides. However, one certainly may not acquire it with a kinyan such as picking it up or moving it. Even if it is delivered into one's property if one has intention not to acquire it, one doesn't acquire it. Yet, one can't even protect it since doing so is an issue of rotzeh bkiyumo. [https://yeshiva-university.zoom.us/rec/play/usAsduuh-283HoLAtASDAPZ9W9S0eq2s0igX-_pez0jkW3EFZFr1M7QRa7Qf9B_vOGt5lyO0vcW9I1-0?startTime=1585760529000&_x_zm_rtaid=CQsocm3ZRaq6pGgFL5OMGQ.1585880286593.75ff95374a21dbfc2f0c45524d508e2a&_x_zm_rhtaid=674 Rav Willig (April 1 2020, min 0-2)] agreed in technical terms.</ref><br />
<br />
==Buying for Pesach==<br />
<br />
#If you have raw chicken or raw meat you don't have to worry that it is chametz even if it was processed in a place where there was chametz. You can simply wash it off to solve any question.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 11-15)]</ref><br />
<br />
==Kitniyot==<br />
<br />
#Out of a concern of the coronavirus, this year some poskim permit taking vitamins which have additives of [[kitniyot]] in order to stay healthy and to strength one's immune system.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950289/rabbi-hershel-schachter/piskei-corona-7-kitniyos/ Rav Schachter (Piskei Corona #7)]</ref><br />
#Someone with Crohn's disease and needs to drink an enriched milk with kiniyot additives for his health can do so on Pesach. Also, he can do so within 6 hours after eating meat (see [[Waiting between Meat and Milk]]).<ref>[https://www.yutorah.org/lectures/lecture.cfm/950289/rabbi-hershel-schachter/piskei-corona-7-kitniyos/ Rav Schachter (Piskei Corona #7)]</ref><br />
<br />
==[[Kashering for Pesach]]==<br />
<br />
#Some poskim allow [[kashering a dishwasher]] for Pesach even though there are plastic and other materials in there that are questionable to kosher. One should wait 24 hours without using it and then use with just hot water and no soap. According to Ashkenazim this should be used to kosher it from Chametz but not from meat to parve or milk or vice versa.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-3-Mar-26-2020.pdf Rav Herschel Schachter (teshuva Rosh Chodesh Nissan 5780)]</ref><br />
#Some hold that one can kasher plastic, while others disagree. See on the [[Kashering_the_Kitchen_for_Pesach#Which_materials_can_be_kashered.3F]] page.<br />
<br />
==Pesach Davening==<br />
===Hallel Pesach Night===<br />
<br />
#There is a custom of Sephardic and some Ashkenazic communities to recite Hallel Pesach night in Shul. However, being that the current situation demands that a person needs to remain inside there is no way to fulfill this minhag and should not recite Hallel after davening. Rather one should only recite it at the Seder.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950285/rabbi-hershel-schachter/piskei-corona-9-hallel-on-pesach-night-and-tefillas-tal/ Rav Hershel Schachter (Piskei Corona #9)]</ref> Some Ashkenazic poskim would allow reciting a bracha.<ref>Rav Asher Weiss (Minchat Asher Corona p. 73-4) writes that a person who has the practice to recite the Hallel the night of the seder after davening can do so with a bracha even when davening individually.</ref><br />
#According to Sephardim, one should recite Hallel the night of the seder after davening with a bracha even though one is davening at home.<ref>Yachava Daat 5:34, Teshuva written by Rabbi Mordechai Lebhar author of Magen Avot (Erev Shabbat Hagadol 5780), Kaf Hachaim 487:38-42</ref><br />
<br />
===Shir Hashirim on Chol Hamoed===<br />
#Ashkenazim generally have the custom to read Shir Hashirim on Shabbat Chol Hamoed Pesach. This year since there is no minyanim available, when one davens at home individually, there is no obligation to read Shir Hashirim. One may do so but it isn't in fulfillment of the minhag.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950655/rabbi-hershel-schachter/piskei-corona-13-shir-hashirim-on-chol-hamoed-pesach/ Rav Schachter (Piskei Corona #13)]</ref><br />
<br />
===Tefillat HaTal===<br />
#One can recite the piyut for tal on Pesach was only instituted for a congregation, however if one wants to recite it one may do so.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950285/rabbi-hershel-schachter/piskei-corona-9-hallel-on-pesach-night-and-tefillas-tal/ Rav Schachter (Piskei Corona #9)]</ref><br />
#In Mussaf everyone should stop saying [[Mashiv Haruach Umorid Hageshem]] and instead recite Morid Hatal because one is davening individually and one may not change from the practice of saying Mashiv Haruach of the congregation until the Shaliach Tzibur has done so and this year there are no minyanim switching at mussaf. After Mussaf, starting with Mincha, one should follow their regular minhag if they usually recite Morid Hatal or not.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950285/rabbi-hershel-schachter/piskei-corona-9-hallel-on-pesach-night-and-tefillas-tal/ Rav Schachter (Piskei Corona #9)]</ref> See [[Mashiv_HaRuach_UMorid_HaGeshem#When_to_Stop_Morid_Hageshem_and_Start_Tal]] for the background.<br />
# For Sephardim, one may begin to recite Morid Hatal in Mussaf even though he praying individually and there is no minyan nearby.<Ref>Kaf Hachaim 114:8 and Halacha Brurah v. 6 p. 145 rule that the primary halacha is that there's no prohibition to begin to start to say Morid Hatal before the Shaliach Tzibbur. It is only forbidden for an individual to begin Mashiv Haruach Umorid Hageshem before the congregation does. This is the approach of the Bet Yosef citing the Ran, Pri Chadash, and Maamar Mordechai, unlike the Raavad cited by the Tur 114:2. However, in a regular year, the Kaf Hachaim and Halacha Brurah recommend being strict for the Raavad to have the Shaliach Tzibur announce before the Mussaf that everyone should begin to say Morid Hatal.</ref><br />
<br />
==Machine Matza==<br />
<br />
#It is permitted under extenuating circumstances to use [[machine matza]] for the mitzvah of eating matzah on the seder night.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards beginning)]. This is acceptable for Sephardim as well even with a bracha as described by Rav Ovadia Yosef in Yachava Daat 1:14 and Chazon Ovadia (Pesach Hilchot Leil Haseder 5763 Edition p. 76). [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim] holds that one should really used hand baked matzah but if one can't acquire any then one can use machine matzah. [https://yeshiva-university.zoom.us/rec/play/uMB7I-D--j83ToDAtgSDUaJ7W9Xueqis0nRK-6FfmUm0VSMBZ1qjYLIbZbHenouY882eTH8fEnI5K7DA?startTime=1585587811000&_x_zm_rtaid=5PWyeRatQdGWZ2q1UH7K6w.1585657713810.05dafc99f0c11cb46ffb1a63ddd87e47&_x_zm_rhtaid=904 Rav Willig (min 2)] has a similar approach.</ref><br />
#Some say that there's no concern to have the hand baked matzot this year.<ref>Rav Asher Weiss (Teleconference March 22 2020, min 19) said that there's no concern to use the hand-baked matzot since they were baked earlier in the year. His personal minhag is to have only hand baked matzot. In terms of using machine matzah he felt that it is only a chumra not to use them even for the mitzvah of motzei matzah and one could use them if there's no other option.</ref><br />
<br />
==[[Eruv Tavshilin]] and [[Eruv Chatzerot]]==<br />
<br />
#A rabbi should establish an eruv tavshilin on behalf of his whole community. Even though usually he acquires it to another person who isn't a family member on behalf of the community, this year because of social distancing one can acquire it to one's wife. <ref>[https://www.yutorah.org/lectures/lecture.cfm/951181/rabbi-hershel-schachter/piskei-corona-19-eruv-tavshillin-and-eruv-chatzeiros-and-social-distancing/ Rav Schachter (Piskei Corona #19)]</ref><br />
#An eruv tavshilin works to allow cooking from Yom Tov to Shabbat even though it isn't possible to have guests in most cases.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951181/rabbi-hershel-schachter/piskei-corona-19-eruv-tavshillin-and-eruv-chatzeiros-and-social-distancing/ Rav Schachter (Piskei Corona #19)] explained that usually we use the concept of ''hoil'', since guests might arrive who can eat the food one cooked, to permit cooking from one day of Yom Tov to Shabbat. However, this year that seems not to be applicable. Rav Schachter explained based on the Maharam Chalavah that ''hoil'' doesn't necessitate that one actually have guests or even have the ability to have guests, it is rather a halachic principle since objectively it is possible to have guests the eruv is effective.</ref><br />
#The communal eruv chatzerot continues to be effective even though the communal box of matzah's might not be accessible.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951181/rabbi-hershel-schachter/piskei-corona-19-eruv-tavshillin-and-eruv-chatzeiros-and-social-distancing/ Rav Schachter (Piskei Corona #19)] explained that since theoretically it is possible to get the box alone for a few minutes it isn't completely inaccessible (see Har Tzvi OC 2:16).</ref><br />
#It is permissible to wear a surgical mask on Shabbat outside and it isn't [[carrying]] as long as it is fastened well and won't fall off.<ref>[https://itorah.com/daily-halacha/lecture/may-one-wear-a-surgical-mask-on-shabbat-in-a-public-domain/3803 Rabbi Mansour]</ref><br />
<br />
==Birchat Ha'ilanot==<br />
<br />
#One can recite birkat hailanot from indoors if one can see the trees but one may not recite them by seeing the trees on a video.<ref>Ateret Paz p. 154-6</ref> See the [[Birchat HaIlanot]] for more details and sources.<br />
<br />
==[[Tanit Bechorot]]==<br />
#A person should try to finish a short masecheta to make his own siyum.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-1-Mar-24-2020.pdf Rav Hershel Schachter (Teshuva dated 28 Adar 5780 p. 2)], [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref> Some say that learning one masechta with Bartenura is sufficient.<ref>[https://itorah.com/daily-halacha/lecture/ta-anit-bechorot-during-the-coronavirus-pandemic/3802 Rabbi Mansour], [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref><br />
# Many poskim say that he can rely on a siyum over the phone or video livestream.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-1-Mar-24-2020.pdf Rav Hershel Schachter (Teshuva dated 28 Adar 5780 p. 2)]. [https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards beginning)]. [https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 1-4)] explained that Rav Schachter and Rav Shlomo Zalman Auerbach hold that it is enough to listen and join with the siyum over the phone or video call. However, other poskim don't like this leniency. Rav Asher Weiss (Teleconference March 22 2020, min 7) agreed that one can be yotzei with a siyum over the phone or video for the tanit bechorot. [https://www.torahanytime.com/#/lectures?v=106099 Rav Shmuel Fuerst (min 6)] agreed that this year you can be yotzei the siyum over the phone since it is an extenuating circumstance. [https://youtu.be/Yo6IJi2V-bw Rav Avigdor Nevinsal] agreed that you can be part of a siyum over the phone and the meal one has afterwards is a seudat mitzvah. [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim] holds that it is better to make a siyum oneself even on a tractate of mishna but if that's not possible one can listen on the phone.</ref><br />
# Some say that in the event one can't make one's own siyum or even hear someone else's, one doesn't need to fast this year in order to maintain strength in this time of a health crisis.<ref>[https://itorah.com/daily-halacha/lecture/ta-anit-bechorot-during-the-coronavirus-pandemic/3802 Rabbi Mansour]</ref><br />
<br />
==Birkat Halevana==<br />
<br />
#Ideally one should recite birkat halevana outdoors.<ref>Rama 426:4</ref> If one can not do so one can recite Birkat Halevana from inside but initially one should open the window.<ref>Pri Megadim M"Z 426:4, Mishna Brurah 426:21</ref> See the [[Birkat HaLevana]] page.<br />
<br />
==Chol Hamoed==<br />
<br />
#One can't buy stocks or sell them on Chol Hamoed, however, if not selling them could lead to a loss of one's original capital that one invested one can sell it.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref><br />
<br />
See [[Chol Hamoed]] for many details.<br />
<br />
==Using Zoom for the Seder==<br />
<br />
#Although a minority of rabbis allow using Zoom for this emergency situation in a very extenuating circumstance where an elderly single person is alone for the seder away from family because of the quarantines to use technology to leave a video conference going for Yom Tov to join with a family seder,<ref>[http://www.israelnationalnews.com/News/News.aspx/277764 Rabbi Eliyahu Abergel and other rabbis]</ref> most rabbis consider this to be a breach of halacha.<ref>Rav Asher Weiss (Teleconference March 22 2020 11am, min 39; teshuva in Minchat Asher Corona pp. 75-6), [http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-2-Mar-25-2020.pdf Rav Herschel Schachter (teshuva Adar 29 5780)], [https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 20-22)], [https://www.inn.co.il/News/News.aspx/432065 Rav Yosef Tzvi Rimon]. Rav Willig's held that it is absolutely forbidden and it is a tremendous zilzul Shabbat besides questions of others prohibitions of Shabbat.</ref> There is a discussion if the firstgroup of rabbis retracted.<ref>[https://vosizneias.com/2020/03/24/the-heter-for-zoom-at-the-seder-is-incorrect-and-should-be-retracted/ Rabbi Yair Hoffman] describes how 3 of the original signers of the lenient ruling would only permit under life and death needs and not in general. However, [https://www.jpost.com/israel-news/zoom-passover-seder-rabbis-hit-back-at-critics-622494 another article] describes how some of the original rabbis who were lenient confirmed their opinions.</ref><br />
#It is suggested to perform a pre-pesach zoom seder for people who you can't invite to your seder in order to share divrei torah, songs, and the experience of the seder before Yom Tov.<ref>[https://www.inn.co.il/News/News.aspx/432065 Rav Yosef Tzvi Rimon]</ref><br />
#For someone who is clinically depressed to the point that there is a concern of suicide or just losing one's mind it is permitted to use a phone to call him to cheer him up and check on him. However, if there's a way to check the patient before Pesach one should do so.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-2-Mar-25-2020.pdf Rav Herschel Schachter (teshuva Adar 29 5780)]. [https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Willig (min 24)] agrees that we violate Shabbat for someone who is suicidal but they can use the phone.</ref> A person should check with his rabbi in each case.<br />
#A person should recite Ha lachma anya this year as one would any other year, even though that phrase is a call for inviting guests and this year that is impossible.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951299/rabbi-hershel-schachter/piskei-corona-21-can-we-say-kol-dichfin-this-year-/ Rav Schachter (Piskei Corona #21)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
<br />
==[[Sefirat Haomer]]==<br />
<br />
#If someone couldn't get a hair cut because the barbers were all closed before Pesach, then if one reached the point when it very noticeably long and people would tell him to get a haircut he can take a haircut during [[Sefira]]. Today it can be estimated that if it has been more than 2 months since his last haircut he can take a haircut during the Sefira.<ref>https://www.yutorah.org/lectures/lecture.cfm/950659/rabbi-hershel-schachter/piskei-corona-16-haircuts-on-chol-hamoed-and-sefira/ Rav Schachter (Piskei Corona #16)</ref><br />
<br />
==Mikveh==<br />
<br />
#Each community rabbi needs to decide these sort of questions however in theory it is possible for the Mikva to remain open and allow women who aren't having symptoms or aren't quarantined to go to Mikva. They should be extra careful about hygiene and prepare completely at home, go to the Mikva where there is no contact with anyone besides a brief contact with the water which has chemicals for cleanliness. Then upon returning home there are poskim who allow the woman to take a shower when she gets home to clean herself off.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/950654/rabbi-hershel-schachter/piskei-corona-12-showering-after-the-mikvah/ Rav Hershel Schachter (Piskei Corona #12)], [https://www.torahanytime.com/#/lectures?v=105574 Rabbi Shay Tahan]. Rav Asher Weiss (March 29 2020) said it is obviously permitted to overlook the chumra of not showering when the woman returns from mikveh at these times.</ref><br />
# On Shabbat, if a woman goes to mikveh she can not take a hot shower when she gets back since turning on the hot water is causing cold water to enter the boiler and cook. Rather she should either decide to take a completely cold shower or delay the mikveh until Motzei Shabbat. She should also not decide not to take a shower at all because one shouldn't do something unsafe when there's an option to delay going to mikveh.<Ref>[https://www.yutorah.org/lectures/lecture.cfm/951538/rabbi-hershel-schachter/piskei-corona-26-showering-when-returning-home-from-the-hospital-or-the-mikvah-on-shabbos-or-yom-tov/ Rav Schachter (Piskei Corona #26)]</ref><br />
# On Yom Tov, according to those who are lenient to permit [[showering on Yom Tov]], when a woman returns from the mikveh should do so. Rav Schachter's opinion is that it is only permitted to take a shower on Yom Tov with water that is just hot enough to remove the chill from the water (less than lukewarm). If she decides she doesn't want to take such a shower, she should delay going to mikveh until after Yom Tov.<Ref>[https://www.yutorah.org/lectures/lecture.cfm/951538/rabbi-hershel-schachter/piskei-corona-26-showering-when-returning-home-from-the-hospital-or-the-mikvah-on-shabbos-or-yom-tov/ Rav Schachter (Piskei Corona #26)]</ref><br />
#The OU has established [https://www.ou.org/covid-19-and-the-mikvah-recommended-protocols/?utm_source=SilverpopMailing&utm_medium=email&utm_campaign=Mikvah%20Guidance%20(1)&utm_content=&spMailingID=32100310&spUserID=MTM2NTc0Mjg0NTYwS0&spJobID=1683098314&spReportId=MTY4MzA5ODMxNAS2 health guidelines] in order to allow a mikveh to remain open.<br />
#The RCBC also stated that Mikva's are remaining open for the time.<ref>[https://www.theyeshivaworld.com/news/featured/1839350/no-shul-yeshivas-shabbos-guests-levayos-shiva-vaad-harabanim-of-bergen-county-releases-letter.html RCBC letter on yeshivaworld.com]</ref><br />
#The men's mikveh's should be closed at this time. Even if a person is careful to go to mikveh each day he can fulfill this custom by taking a 5 minute shower.<ref>Rav Asher Weiss (Teleconference March 22 2020, min 12)</ref> See [[Preparations_for_Davening#Going_to_Mikveh]] for details.<br />
<br />
==Tevilat Kelim==<br />
<br />
#Each community should decide whether or not close the kli mikveh out of a safety concern. You can do the [[tevilat kelim]] in the ocean.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 5-9)], [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref><br />
#Alternatively, one can use tevilat kelim in the mikvah while wearing gloves, then throw out the gloves, wash off the kelim with soap and water. If the community has other procedures for safety one should observe them.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 5-9)], [https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 3-4)]</ref><br />
#As a last resort one can avoid tevilat kelim by giving the pots to a non-Jew and borrowing them back. One can rely on this until the virus passes.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 5-9)], [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]. [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal] said that one could rely upon this if there was no other option. [https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 14-16)] allows selling the kelim to a non-Jew. Rav Yosef Tzvi Rimon (teshuva dated Nisan 1 5780) recommended this.</ref> If one can't sell or gift the pots to a non-Jew oneself one can do so online through [https://nirshamti.co.il/e-%D7%98%D7%91%D7%99%D7%9C%D7%94/ Zomet].<br />
#Another option is for a person to declare the pots that need tevilat kelim to be ownerless (hefker) in front of 3 Jews. One has to have full intent that the pots are ownerless and if someone took them one would have no claim upon them. If these Jews can't be there in person it is sufficient if they are present through social media technology but they should be people who live in the neighborhood. They should then leave the pots outside their house for a few minutes so that if someone wanted to take them they could. <ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-1-Mar-24-2020.pdf Rav Hershel Schachter (Teshuva dated 28 Adar 5780 p. 1)], [https://itorah.com/daily-halacha/lecture/if-one-has-new-utensils-which-he-is-unable-to-immerse/3801 Rabbi Mansour]</ref> Others disagree.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 5-12)] said that one shouldn't use the solution to make the pots hefker since you're using the kelim. See Sefer Tevilat Kelim p. 84 based on Maharil Diskin. See S"A Harav 445:1 that hefker that isn't meaningful since you plan to reacquire it isn't a solution. However, Rav Elyashiv and Rav Soloveitchik allowed it in extenuating circumstances. Rav Asher Weiss (Minchat Asher Corona p. 72) writes that one should avoid using new pots and relying on this leniency to mafkir but in an extenuating circumstance one can rely on it.</ref><br />
#If there's are no solutions, some poskim would allow using the pots without tevilat kelim in this extenuating circumstance.<ref>Rav Asher Weiss (Teleconference, March 22 2020 11am), Rav Yosef Tzvi Rimon (Teshuva dated Nisan 1 5780)</ref><br />
#Regarding a seder plate and kos shel eliyahu requiring tevilah, see [[Tevilat Kelim]] page.<br />
<br />
==[[Brit Milah]]==<br />
<br />
#A Brit Milah can be done without a minyan since gatherings aren't safe.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
#A grandfather or someone else involved in a brit milah via zoom can recite the naming of the baby but he should not recite the bracha of asher kidash yadid mbeten.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951300/rabbi-hershel-schachter/piskei-corona-22-participating-in-a-simcha-via-zoom/ Rav Schachter (Piskei Corona #22)]</ref><br />
<br />
==Naming a Girl==<br />
<br />
#Although normally we try to name a baby girl at an aliya to the Torah, a person doesn't need a minyan in order to name a girl and under the circumstances should do so without delay.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Neventzal], [https://www.yutorah.org/lectures/lecture.cfm/950292/rabbi-hershel-schachter/piskei-corona-11-krias-shem-for-a-baby-girl/ Rav Schachter (Piskei Corona Teshuva #11)], [https://vimeo.com/399141271 Rabbi Moshe Heinemann] at about 16:45</ref><br />
<br />
==Bar Mitzvah's==<br />
<br />
#[https://www.torahanytime.com/#/lectures?v=105558 A message for Bar Mitzvah Boys in the Lockdown by Rabbi Pesach Krohn]<br />
#A bar mitzvah boy who missed the opportunity to read his parsha in shul when he became bar mitzvah'ed when it is next possible to go to shul he can add his parsha as a hosafa and read it then. Additionally, the haftorah can follow that hosafa.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards end)]</ref><br />
#The father of a Bar Mitzvah boy who couldn't layn should wait until he can do something that shows he's Bar Mitzvah like layn or daven as Shaliach Tzibbur to make such a bracha.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
<br />
==Weddings==<br />
<br />
#Ideally a wedding shouldn't be pushed off if both parties are ready even though it means having a tiny wedding.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal], [https://www.kimizion.org/maamar/5780_5784/keter.pdf (Keter Yitanu Lecha p. 38)]</ref><br />
#A rabbi should not officiate at a wedding that isn't abiding by the CDC guidelines of health because he is furthering unsafe practices.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards beginning)]</ref><br />
#It has been asked whether or not the poskim are more lenient this year regarding weddings during [[Sefira]] but the answer is that it is not determined because the situation is still unclear.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref> Some are lenient but it is best to schedule for [[Rosh Chodesh]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref><br />
#If in this dire situation it isn't possible to have a minyan, it is possible to have a wedding nonetheless without [[Sheva Brachot]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/951180/rabbi-hershel-schachter/piskei-corona-18-getting-married-with-less-than-10-men-present/ Rav Schachter (Piskei Corona #18)] explained that although it isn't possible to recite Sheva Brachot and seemingly they forbid the couple to each other without Sheva Brachot in this extenuating circumstance one can rely upon the opinion that the wedding is valid and they are permitted even without Sheva Brachot (see Nodeh Beyehuda EH 1:56). For birkat erusin certainly having a minyan isn't critical (Shulchan Aruch E.H. 34:4) although it is preferable and in this circumstance unnecessary. From Bet Shmuel 64:4 it appears to be a dispute between the Shulchan Aruch and Rama whether one is allowed to have a wedding at all if it is extremely difficult to get a minyan, the Rama being lenient. </ref><br />
#A minyan for [[sheva brachot]] can not be created via Zoom. Additionally, one can't recite a bracha of sheva brachot for the couple via Zoom.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951300/rabbi-hershel-schachter/piskei-corona-22-participating-in-a-simcha-via-zoom/ Rav Schachter (Piskei Corona #22)]</ref><br />
<br />
==[[Fast Days]]==<br />
<br />
#If the rabbis declare a half fast day until [[Chatzot]] according to Ashkenazim an individual can recite [[Anenu]] in Mincha Shemona Esrei<ref>Rama 562:1 writes that Ashkenazim hold that even for an incomplete fast one can recite anenu. Mishna Brurhah 562:48 references this Rama in discussing a fast that was accepted to fast until chatzot. The Mishna Brurah 562:7 cites a debate as to whether one should omit the words צום תעניתנו while reciting עננו in such a scenario as many poskim argue that a half fast is not considered a fast and therefore one would not want to risk speak falsely, particularly when he is speaking to Hashem.<br />
<br />
*[https://www.theyeshivaworld.com/news/israel-news/1841977/hagaon-harav-chaim-kanievsky-calls-to-fast-for-half-a-day-on-erev-rosh-chodesh.html Rav Chaim Kanievsky] declared a half fast on Erev Rosh Chodesh Nissan 5780.</ref> assuming he is still fasting when he prays Mincha.<ref>Mishna Brurah 562:6</ref> According to Sephardim one can only recite anenu if one fasts the entire day.<ref>Shulchan Aruch 562:10-11 holds that a incomplete fast is not considered a fast with respect to saying anenu. Therefore if one only fasts until chatzot one should not recite anenu.</ref><br />
#A person should accept the fast from the day before, as is traditionally done at mincha time. If one didn't do so, according to Sephardim one shouldn't recite anenu, but according to Ashkenazim one can recite anenu.<ref>Shulchan Aruch and Rama 562:5</ref><br />
<br />
==Mezuzah==<br />
<br />
#A person should not kiss any mezuzah, or any siddur or chumash of a shul or a public area at this time because of concern of spreading COVID19.<ref>[https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)], [https://www.jpost.com/israel-news/chief-rabbi-of-israel-due-to-coronavirus-stop-kissing-the-mezuzah-619753 Chief Rabbi Rabbi David Lau]</ref><br />
<br />
==Shalom Bayit==<br />
<br />
#It is critical to be mindful of other people when everyone is under stress and no one is completely comfortable. [https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Dr. Pelcovitz] discusses the implications quarantine can have Shalom Bayit.<br />
#It is forbidden for a couple to have [[tashmish]] at a night of famine<ref>Gemara Tanit 11a, Shulchan Aruch O.C. 240:12</ref> since everyone is in distress it is incumbent on everyone to take upon himself an aspect of distress.<ref>Mishna Brurah 574:9</ref> The same is true for any time of societal distresses.<ref>Rama 240:12 based on Yerushalmi Tanit. Olot Tamid 240:6 (cited by Kaf Hachaim 240:85) understands the Rama to apply to any type of tragedy that we would declare a fast over.</ref> Others disagree.<ref>Shaarei Knesset Hagedola (Hagahot Tur 240:5) writes that tashmish is only forbidden during a famine, plague of the crops, locusts and the like which cause a famine but not for other tragedies or troubles. Kaf Hachaim 240:85 rules like the Shaarei Knesset Hagedola either because that is the explanation of the Yerushalmi or we don't follow the Yerushalmi.</ref><br />
#It is permitted to have tashmish on mikvah night.<ref>Shulchan Aruch O.C. 574:11 writes that it is permitted for a couple to have tashish on mikva night. Mishna Brurah 574:11 cites the Magen Avraham who argues with Shulchan Aruch but then he cites the Bigdei Yesha and Nahar Shalom who are lenient and there's what to rely on to follow Shulchan Aruch. Mishna Brurah concludes that certainly one can be lenient at a time when it isn't a famine and it is just another time of distress in the world.</ref><br />
#It is permitted to have tashmish for a couple who didn't yet fulfill [[pru urevu]].<ref>Shulchan Aruch O.C. 240:12, 574:4, Mishna Brurah 240:47</ref> Once his wife is pregnant this leniency doesn't apply.<ref>Mishna Brurah 574:12</ref><br />
#If he has a strong yetzer hara and there is a concern of [[hashchatat zera]] it is permitted.<ref>Mishna Brurah 240:46</ref><br />
#There is what to rely upon to have tashmish at a time of war and there is no midat chasidut to be strict, especially for young couples even for someone who fulfilled pru urevu.<ref>Tzitz Eliezer 13:21</ref><br />
#During the time then the plague of corona virus is rampant in the world there is a lot to rely upon to have tashmish. Someone who wants to be strict can do so.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949166/rabbi-ally-ehrman/is-tashmish-hamitta-permitted-during-the-coronavirus-pandemic-/ Rabbi Ehrman on yutorah]. Rav Asher Weiss (Zoom Conference, March 22 2020, 11am, min 15) was lenient he said that the situation presently isn't one that rises to the level where we need to declare a fast. Also, since domestic violence recently has been on the rise because of the quarantines one shouldn't be strict in this area. </ref><br />
<br />
==Laid off Workers Because of Corona==<br />
<br />
#If there's a employee that is unable to work because of a societal or national crisis the employees should continue to be paid by the employers according to many opinions or at least they should make a compromise.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949287/rabbi-michoel-zylberman/coronavirus-and-laid-off-employees/ Rabbi Zylberman on yutorah]. Mordechai b"m 343 writes that if there's a decree in the town that the teachers can't teach the teachers should still be paid. Rama C.M. 321:1 cites this Mordechai and applies it to any worker in 334:1. The Sama 334:2 argues with the Mordechai and holds that since the employee can't work and both aren't at fault and both couldn't foresee this the employer is exempt. Netivot 334:1 limits the idea of the Mordechai to a teacher and not other employers since a teacher is paid for sachar betela (see [[Laws_of_Learning_Torah#Taking_Money_for_Learning_and_Teaching_Torah]]). Shach 334 holds that this opinion of the Mordechai only applies if majority of the town ran away because of a crisis but if only a minority runs away then the employee isn't entitled to payment. Aruch Hashulchan 334:10 has another approach. If the situation prevents the worker from working then he is entitled to pay but if he runs away then he isn't. Rabbi Zylberman explained from Mishpat Poalim we think that this is a case of Hamotzei Mchavero Alav Harayah, whoever is holding onto the money can claim that he is exempt from paying or returning the money. Rav Asher Weiss in Minchat Asher 2:106 says that they should make a compromise, and Rav Bleich ([https://www.sefaria.org/Contemporary_Halakhic_Problems%2C_Vol_IV%2C_Chapter_XIV_The_Intifada_and_the_Gulf_War.35?lang=bi&with=all&lang2=en Contemporary Halachic Problems v. 4]) thinks that we follow the Rama. Once the Chatom Sofer had a case in his town and he felt that they should pay but he couldn't force everyone to pay it so he told them to pay half. Rav Yona Reiss had a case where they made a compromise. <br />
<br />
*Rav Asher Weiss (Zoom Conference, March 22 2020, 11am, min 21-25) thought that one should compromise and give the workers who aren't working 30% of their pay. This applies Jewish and non-Jewish workers. This is based on the Rama and Sama CM 221. As for the day schools and daycares that are closed and not providing services one theoretically should be exempt. Since it might be devastating to the schools one needs to wait until the government makes a decision. Either way, we should wait until there is a major decision from the government or authorities and follow that. Until then for the schools we should pay so that the teachers can have a salary for their [[parnasa]].</ref><br />
#This applies to contractors for cancelled events as well.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949287/rabbi-michoel-zylberman/coronavirus-and-laid-off-employees/ Rabbi Zylberman on yutorah]</ref><br />
#If someone rented out an apartment to someone and then he wants to retract because of a concern that the potential tenants have the virus, some say that it is forbidden to back out of the contract.<ref>[http://kol-barama.co.il/item/%D7%A4%D7%99%D7%A7%D7%95%D7%97-%D7%A0%D7%A4%D7%A9-%D7%A7%D7%95%D7%A8%D7%95%D7%A0%D7%94-%D7%A2%D7%A4%D7%99-%D7%94%D7%94%D7%9C%D7%9B%D7%94/ Rav Yakov Sinai] based on Rama in teshuva, Shach CM 312 and other sources</ref><br />
<br />
==[[Bikur Cholim]]==<br />
<br />
#A person doesn't have to and shouldn't visit someone who has a virus that contagious such as corona.<ref>[http://kol-barama.co.il/item/%D7%A4%D7%99%D7%A7%D7%95%D7%97-%D7%A0%D7%A4%D7%A9-%D7%A7%D7%95%D7%A8%D7%95%D7%A0%D7%94-%D7%A2%D7%A4%D7%99-%D7%94%D7%94%D7%9C%D7%9B%D7%94/ Rav Yakov Sinai (min 3)] explains that although the Rama in a teshuva and Knesset Hagedola hold that one should visit the sick even if they have a contagious disease, the Shulchan Gavoha and others disagree and that is the halacha.</ref><br />
#A person fulfills the mitzvah of bikur cholim on the phone according to many poskim.<ref>[https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Shlomo Aviner (Keter Yitnu Lecha p. 34)] citing Igrot Moshe YD 1:223 and Tzitz Eliezer 8:5. Rav Aviner added that the main idea of bikur cholim is to do what is best for the patient and in our context that is to call.</ref><br />
# Someone who is praying for a mortally ill patient to get better and doesn't know if he is still alive should pray for his well-being and not specifically for him to get better.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951537/rabbi-hershel-schachter/piskei-corona-25-davening-for-the-sick/ Rav Schachter (Piskei Corona #25)]</ref><br />
<br />
==Burial and Mourning==<br />
===Burial===<br />
#Each place should follow the guidelines that are in place for safety. If a minyan isn't possible, then the next thing that is to try to have is Jews doing the burial. If they don't even let that, then afterwards a Jew should check that the burial by the non-Jews was done properly in the ground.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 26-8)]. [https://www.yutorah.org/sidebar/lecture.cfm/951298/rabbi-hershel-schachter/piskei-corona-20-tahara-for-meisim/ Rav Schachter (Piskei Corona #20)] said that they should specifically have as few people as possible for the burial and maybe just the workers and that too fulfills the mitzvah of burial.</ref> It is forbidden to cremate and it is still considered not dangerous to properly do a burial with no tahara and minimal involvement of the fewest people or simply the cemetery workers.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951298/rabbi-hershel-schachter/piskei-corona-20-tahara-for-meisim/ Rav Schachter (Piskei Corona #20)]</ref><br />
#At this time the chevra kadisha should not perform a tahara for the deceased since it could lead to danger.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951298/rabbi-hershel-schachter/piskei-corona-20-tahara-for-meisim/ Rav Schachter (Piskei Corona #20)]</ref><br />
# A person who was buried in America because of the corona virus but was planned to be buried in Israel can later when the virus isn't an issue be reburied in Israel, even though generally we don't rebury someone who was buried.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)]</ref> See the topic of [[Laws_and_Customs_of_a_Funeral#Under_What_Circumstances_is_it_Permitted_to_Move_Someone_Buried.3F|reburying a corpse]] in general.<br />
<br />
===Kriyah===<br />
#The rabbi could do the [[Kriyah]] for the mourner with gloves and a mask or he can simply tell the mourner to do it.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Willig (min 29)]</ref><br />
===Avelut===<br />
# A person who is no going to be involved in the burial anymore because the deceased was given to the chevra kaddisha then he is not considered an [[Onen]] anymore and should begin [[Avelut]] (mourning). However, if he is going to call relatives to tell them about the levaya then he is still an [[Onen]].<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)]</ref>. If he is going to watch the burial with Zoom or listen on the phone it is unclear if he is still an Onen.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)] isn't certain if a person involved in the burial merely because he is watching via Zoom is still considered an Onen. [https://www.yutorah.org/sidebar/lecture.cfm/839779/rabbi-asher-bush/%d7%94%d7%aa%d7%97%d7%9c%d7%aa-%d7%90%d7%91%d7%99%d7%9c%d7%95%d7%aa-%d7%9c%d7%9e%d7%99-%d7%a9%d7%90%d7%99%d7%a0%d7%95-%d7%a0%d7%9e%d7%a6%d7%90-%d7%91%d7%a7%d7%91%d7%95%d7%a8%d7%aa-%d7%90%d7%91%d7%99%d7%95-%d7%95%d7%9e%d7%a9%d7%aa%d7%aa%d7%a3-%d7%a2-%d7%99-%d7%94%d7%98%d7%9c%d7%a4%d7%95%d7%9f/ Rav Asher Bush] wrote based on MPeninei Harav p. 202 that he considers someone phoning into a burial to not be an Onen unless they're going to ask him questions about the burial.</ref><br />
# On [[Erev Pesach]] if someone is buried before [[Chatzot]] (midday) the relatives should observe [[Avelut]] (mourning) before Chatzot and then at Chatzot it is considered like a Yom Tov and the rest of the [[Shiva]] is cancelled. If the person is buried after [[Chatzot]] they should observe Avelut before Yom Tov and then the Yom Tov will come and cancel the rest of [[Shiva]].<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)]</ref><br />
# A mourner shouldn't eat his first meal after the burial, the [[Seudat Havrah]], from his own food; other should provide that food. If at this time when people are concerned for COVID19 and might not send food, if the mourner knows that he isn't going to be sent food, he can eat the first meal from his own food.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)]</ref><br />
<br />
===Kaddish and Iyluy Neshama===<br />
# Under the circumstances a person can not recite the kaddish because minyanim aren't available. Therefore, a person should take upon himself to learn mishnayot for the deceased.<Ref>Rav Asher Weiss (Minchat Asher Corona pp. 58-9)</ref><br />
See [[Practices_in_the_Mourner%27s_House#Iyluy_Neshama]] and [[Kaddish]] pages.<br />
<br />
==[[Kibbud Av Vem]]==<br />
<br />
#If one's parents ask him to do something which the department of health has deemed unsafe a person should not listen to his parents in such a case and that isn't a breach of Kibbud Av Vem.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-2-Mar-25-2020.pdf Rav Schachter (Teshuva Adar 29 5780)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
<br />
==Violating Shabbat for [[Pikuach Nefesh]]==<br />
'''On Shabbat or Yom Tov, if anyone has any concern whatsoever that they are in serious danger because of deteriorating health, they should immediately call a doctor or [[Going_to_and_Staying_in_the_Hospital_on_Shabbat|go to the hospital]].'''<br />
#It is a well established halacha that it is not only permitted but even a mitzvah to violate [[Shabbat]] in order to safe a life or to remove a situation that presents even a slight chance of danger.<ref>Shulchan Aruch O.C. 328:13</ref> The question is how to define the threshold of danger.<ref>[http://nleresources.com/2020/03/rav-asher-weiss-coronavirus-in-halacha/#.XnoNOIjYrIU Rav Asher Weiss (March 15 2020, min 18-22) to Beit Midrash Gavoha] explained that the definition of danger in order to violate Shabbat isn't defined by statistics. For vaccinations we assume that it is a sakana not to vaccinate even though the odds of dying because of the measles is low. Since it is preventable it is incumbent upon us to vaccinate. He concludes that as long as it is a natural phenomenon and there is an action that we can do to prevent deaths we must do so.</ref><br />
#In certain cases of emergency regarding corona virus it would be allowed to violate Shabbat.<ref>[https://www.theyeshivaworld.com/news/headlines-breaking-stories/1841156/harav-zilberstein-answer-telephone-on-shabbos-if-awaiting-results-of-coronavirus-test.html Rav Zilberstein] allowed a patient to answer the phone on Shabbat with a [[shinuy]] only to hear the results of a test and answer questions for epidemiological investigation. If the test results that show that a patient has the virus are produced on Shabbat it is incumbent for the health department to deal with the quarantine then and it is permitted to answer the phone for that.</ref> Obviously every single case is different and one should learn the laws of Pikuach Nefesh from a rabbi in advance.<br />
#If a person is discharged from the hospital on Shabbat and they need him to leave because of the lack of space that they have because of the numbers of people who are ill, his family member can drive to get him. They should do a [[Shinuy]] when turning on the car like turning the key with one's weaker hand, or pressing the button on the key with one's knuckle. Also, when turning off the car one should use a Shinuy.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950282/rabbi-hershel-schachter/piskei-corona-6-pikuach-nefesh-on-shabbos/ Rav Schachter (Piskei Corona #6)]</ref><br />
==Doctors Working in the Hospital==<br />
#Regarding the larger issue of halachic triage see [https://www.yutorah.org/lectures/lecture.cfm/951531/rabbi-hershel-schachter/piskei-corona-15-triage-in-medical-decisions-updated-/ Rav Schachter (Piskei Corona #15 Updated)]. Here is a relevant [https://docs.google.com/document/d/1CtQ_XHzQarzg_0PEQODCO1ATKlM_cEmvPsXa8kdpgJA/edit sourcesheet on Halachic Triage]. [https://aiayk.org/pesachaudio/ Rav Asher Weiss (Teleconference April 6 2020, min 5-15)] discusses triage in halacha and what doctors should do.<ref>Rav Asher feels that there are only two factors that we consider for halachic triage: give precedence to someone who is in immediate danger, and give treatment to whoever has a better chance for survival. Age or spiritual need for the community are not factors for precedence. <br />
* Rav Asher says that for choleh shebifanenu the knowledge that another choleh is going to come in soon is considered pikuach nefesh if will with certainty be helpful. Therefore, if an older patient comes into the hospital but they know a younger patient is going to come in, they can consider them as though they came in together and treat according to who is in immediate danger and who has the better chance to live. Rav Schachter felt the same way in his teshuva.<br />
* If a hospital has a certain regulation, does he need to disregard the hospital protocols? Rav Asher Weiss felt that the doctors should not disregard hospital protocol, for multiple reasons but partly because if he doesn't he'll lose his license and having more able doctors at this time is pikuach nefesh.<br />
* Pulling a patient off a ventilator because someone entered the hospital who has a better chance of living, Rav Asher (min 27) felt is forbidden. Rather the doctor should say that he feels uncomfortable to do this and should let another doctor do it. Rav Schachter felt that one should try to convince the older patient to sign a DNR at that point in order to save the younger patient. </ref><br />
# A doctor may and is encouraged to perform a life saving procedure if he is wearing the correct protective gear.<ref>[https://aiayk.org/pesachaudio/ Rav Asher Weiss (Aguda Teleconference, April 6, 2020, min 18-22)] explains that you can’t put yourself in danger. However, you can if you’re saving someone from an immediate danger and you’re putting yourself in minimal danger then it is a middat chasidut to do so. Therefore, a doctor should do mechanical ventilation CPR on a COVID19 patient if he has the correct protective gear.<br />
* Rav Asher (min 33) allowed sharing ventilators when the doctors see fit in order to save another life because moving a patient from a single ventilator to a shared ventilator isn't considered doche nefesh mipnei nefesh since it isn't proven to be dangerous to use a shared ventilator. He also cited the Chazon Ish regarding turning the arrow to the side killing fewer people to save more people.<br />
* Rav Asher (min 38) said that a doctor who isn't in that particular field or is retired or has vacation doesn't have to volunteer but his doing so would be a middat chasidut. However, if he is endangering himself such as if he's over 70, he is immune compromised, or has a family member who is, then he shouldn't volunteer.</ref><br />
# A doctor returning from the hospital on Shabbat and needs to shower for health reasons so as not to catch the corona virus on his body or clothing, may do so. If he can manage with a cold shower, he should do so. If he can't, he may turn on the hot water with a [[shinuy]].<Ref>[https://www.yutorah.org/lectures/lecture.cfm/951538/rabbi-hershel-schachter/piskei-corona-26-showering-when-returning-home-from-the-hospital-or-the-mikvah-on-shabbos-or-yom-tov/ Rav Schachter (Piskei Corona #26)]. See there for how he distinguishes this from the woman returning from the mikveh on Shabbat.</ref><br />
<br />
==[[Mesira]] and Rodef==<br />
<br />
#If your doctor actually ascertains that there is a sakanat nefashot, mortal danger, involved with a certain large gathering that someone is doing then it is permitted to tell the authorities. However, otherwise it is forbidden because of informing upon another Jew ([[mesira]]). This can be a very difficult measure to actually properly assess.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Willig (min 41)]</ref><br />
#Some hold that if a person is supopsed to be in quarentine and they are not they are considered a rodef. However, obviously one should first speak to him and convince him to do what is safe.<ref>[https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 36)] citing Rav Zilberstein</ref><br />
<br />
==Links==<br />
<br />
*[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal Q&A about Corona]<br />
*[https://rabbidunner.com/coronavirus-qa-with-rav-hershel-schachter/ Transcription of Q&A with Rav Schachter by Rabbi Dunner]<br />
*[https://www.theyeshivaworld.com/news/featured/1839350/no-shul-yeshivas-shabbos-guests-levayos-shiva-vaad-harabanim-of-bergen-county-releases-letter.html RCBC letter calling for the closing of Shuls and Schools]<br />
*[http://www.torahweb.org/ TorahWeb] hosts many resources for Corona halacha including Rav Schachter's Teshuvot<br />
*[http://www.kolcorona.com/ KolCorona.com] a Torah resource, initiated by Rabbi Reuven Taragin, for those affected by Corona<br />
<br />
==Sources==<br />
<references /><br />
[[Category:Orach Chaim]]</div>YitzchakSultanhttps://halachipedia.com/index.php?title=Halachot_Related_to_Coronavirus/COVID-19_Pandemic&diff=25507Halachot Related to Coronavirus/COVID-19 Pandemic2020-04-07T17:23:56Z<p>YitzchakSultan: /* Doctors Working in the Hospital */</p>
<hr />
<div>[[Image:3D medical animation corona virus.jpg|right|300px]]<br />
All rabbinim agree that one should be cautious with all the health guidelines and social distancing<ref>[https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 34)] interestingly describes the sources in general about the Jewish view on handshaking and whether it is a [[Chukot Hagoyim]]. The poskim hold that in it isn't however, at this time it is forbidden because of the health concerns.</ref> set up by the government and other local institutions in order to stay safe and help prevent getting others sick.<ref>[https://www.torahanytime.com/#/lectures?v=104843 Rav Yitzchak Yosef], [http://www.torahweb.org/torah/docs/rsch/RavSchachter-with-doctors_Mar-15-2020.pdf Rav Hershel Schachter], Rav Asher Weiss (Teleconference March 22 2020), [https://www.ou.org/covid19/ OU (March 20 2020)], [https://www.torahanytime.com/#/lectures?v=106099 Rav Shmuel Fuerst (min 53)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal], [https://www.jpost.com/israel-news/leader-of-ultra-orthodox-world-calls-for-lone-prayer-due-to-coronavirus-622805 Rav Chaim Kanievsky], [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Shlomo Aviner (Keter Yitnu Lecha p. 34)], and RCBC letters. An article on [https://www.kikar.co.il/abroad/354170.html kikar.co.il] describes how the gedolim are currently davening privately including: the Gerre rebbe, Rav Shalom Kohen, Rav Gershon Edelstein, Rav Moshe Shternbuch, Rav Yitzchak Yosef, Sanser Rebbe, Rav Bakshi Doron, Rav Dovid Yosef, Bavian Rebbe, and Rav Sheiner.<br />
<br />
*Endangering Oneself to Learn Torah: Ketubot 77b records and praises the practice of Reish Lakish to teach Torah to those ill with tzarat, some translate as leprosy, even though it is contagious. The gemara explained that he did so out of his love for Torah. Daf Al Hadaf cites Mishnat Pikuach Nefesh 69:7 who asks how Reish Lakish could endanger himself and rely on a miracle. He answers that the disease he was concerned with was only dangerous to health but not life threatening.</ref> Coronavirus, as it causes a serious health threat to some people, inhibits any social gatherings and semachot, and has severely damaged the economy and livelihood of certain people, poses a serious challenge to everyone. We all need to daven and take advantage of the circumstances in order to best serve Hashem. As a thoughtful Jew, it is incumbent upon a person to take to heart some important lessons of life and re-strengthen himself in his commitments. <ref>Rambam Taniyot 1:1-3, [https://www.torahanytime.com/#/lectures?a=105844 Rav Reuven Epstein] emphasizes that we need to take a lesson from corona since it overtly a hardship for Jews and humanity and a sign from Hashem. [https://www.yutorah.org/lectures/lecture.cfm/949185/rabbi-menachem-penner/shema-everything-is-from-hashem/ Rabbi Penner] discussed how we can revitalize our strength in mitzvot at this time based on better appreciating the lessons of Shema. Rav Asher Weiss (Teleconference March 22, 2020) introduced his shiur by discussing how we can strengthen our commitment to [[Ben Adam Lchavero]]. [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha)] wrote many lengthy pieces on the hashkafic questions related to COVID19.</ref> Additionally, on a practical level, COVID19 has many implications for people, and below is a small collection of the relevant halachot.<br />
<br />
==[[Tefillah]]==<br />
When davening at home one should be cognizant of the following ideas:<br />
<br />
#The best time to pray is Netz. According to many poskim this is equivalent to praying with a minyan.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz], Laws of Praying Beyachid (Adar 5780) by Rabbi Yonatan Nacson p. 1 citing Yalkut Yosef 89:1</ref><br />
#A person should daven in a [[makom kavuah]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] and [https://www.star-k.org/videos.php Rabbi Moshe Heinemann around minutes 5-7]</ref><br />
#A person should daven in front of a wall so that there's no distractions in front of him.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]</ref><br />
#A person can and should daven near a window that serves as a means of being inspired to look towards heaven.<ref>Shulchan Aruch 90:4 writes that there should be windows in a place where one davens. [https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] suggested that the same should be done for when we daven at home to daven in a place where there is a window.</ref><br />
#A person can daven [[Shemona Esrei]] aloud if it helps his kavana. It also serves as a role model for children.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]</ref><br />
#A person shouldn't daven in a room that is usually used for frivolity.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]</ref><br />
#A person shouldn't daven in front of an open bathroom.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]</ref><br />
#At a time of a plague such as our times it is advisable to say [[ketoret]] which has the power to end a plague.<ref>Laws of Praying Beyachid by Rabbi Nacson p. 2, [https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] citing Rabbi Akiva Eiger teshuva 71</ref><br />
#According to some, at this time a person should recite Avinu Malkenu in [[Shacharit]] and [[Mincha]],<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] quoting Rav Schachter</ref> while others emphasize how one must focus on Teshuvah and reciting all parts of the regular seder haTefillah first.<ref>[https://www.torahanytime.com/#/lectures?v=104864 Rav Bention Mutzafi (55:10)]</ref> Avinu Malkenu should not be recited during [[Nissan]].<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal] stated that one should not recite Avinu Malkenu during Nissan. See Divrei Yatziv OC 75 for different minhagim about saying Avinu Malkenu during Nissan. See discussion page.</ref><br />
#Eating a meal before davening when the time comes to daven a certain tefillah should be avoided since generally we are lenient about this since we go to established minyanim but for when that isn't possible we should be more strict about this.<ref>Mishna Shabbat 9b, [https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]. [https://www.star-k.org/videos.php Rabbi Moshe Heinemann] around minutes 5-7 says that if one sets an alarm, that should be sufficient</ref> See details here about [[Eating before Davening| eating]] and [[Other Activities before Davening| doing activities before davening]].<br />
#When davening as a family, in a temporary fashion, some hold that it isn't necessary to have a [[mechitza]] and the men and women can simply daven on different sides of the room.<ref>Igrot Moshe 5:12:1 writes that regarding a Shabbos Sheva Brachos since it is just the family and it is a temporary situation no mechitza is necessary.</ref> See [[Mechitza]] for more details.<br />
#A person shouldn't forget to recite [[Birkat Halevana]] by themselves when they see the moon. It can be said from indoors. See [[Birkat Halevana]] page for details.<br />
<br />
===Parts of Davening to Skip===<br />
<br />
#On Friday night an individual doesn't recite [[Shabbat_Davenings#Me.27ayn_Sheva |Magen Avot]] after Shemona Esrei of Maariv.<ref>Laws of Praying Beyachid p. 10 citing Shulchan Aruch O.C. 268:8</ref> However, one should recite Vayechulu.<ref>[https://vimeo.com/399141271 Rabbi Moshe Heinemann] at around 24:45. At around 34 minutes, he clarifies that this can be done even by yourself, though normally we try to say it with at least two </ref><br />
#One doesn't recite [[Baruch Shemey]] when praying by oneself since it is part of the activity of removing the Sefer Torah.<ref>Mishna Brurah 134:13</ref><br />
<br />
==Minyan via Porches or Technology==<br />
<br />
#It is forbidden to have a minyan in person whether it is in a shul, shteibel, home, or backyard.<ref>[https://www.ou.org/covid19/ OU]. [https://www.yutorah.org/lectures/lecture.cfm/950656/rabbi-hershel-schachter/piskei-corona-14-forming-a-minyan-outside/ Rav Schachter (Piskei Corona #14)] writes that a person shouldn't try to make a minyan on his lawn spread out even if there's a small remote chance of spreading the virus. He also held that making a minyan with ten people standing on different balconies or porches doesn't count as a minyan. [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)] writes that certainly a person should not attend a minyan because of the danger and one may not rely on the zechut of a minyan to protect him, one needs to be safe. </ref><br />
#If there ten people standing on their own porches and can see one another, some say that one can not create a minyan in such a manner, while others hold that one can.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950656/rabbi-hershel-schachter/piskei-corona-14-forming-a-minyan-outside/ Rav Schachter (Piskei Corona #14)] holds that it isn't a valid minyan. However, Rav Shternbuch (teshuva Nissan 8 5780) held that it is a valid minyan. To satisfy all the opinions the shaliach tzibur should have in mind that when he does chazarat hashatz that he could be praying a voluntary tefillah. They can't join if they're across the street and within ten tefachim of the ground. The shaliach tzibur needs to be able to see everyone. For kriyat hatorah that is done with porches initially one should call up the baal koreh or anyone on his porch, then one can even call up to an aliya someone on another porch as long as he can hear the baal koreh. The kohanim should leave before retzah because they can't say birkat kohanim. Someone davening alone doesn't have to hear kriyat hatorah since it is an obligation of the community and not individual. Rav Asher Weiss (Teleconference with Aguda, April 2 2020) was also inclined to hold that it is possible to make a minyan with people on porches who can see each other.<br />
<br />
*Mishna Brurah 55:48 based on Rashba responsa 1:96 holds that one can learn from the laws of zimmun that if people can see each other they can join for minyan.</ref><br />
#You can't create a minyan with a video (e.g. zoom or skype) or phone call but one can join a minyan of ten men in one room with a video or phone call in order to answer [[dvarim shebekedusha]].<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)], Rabbi Nacson in Laws of Praying Beyachid p. 4 based on Yalkut Yosef 5775 ed Yamim Noraim p. 17, Yabia Omer 1:19:18, Chazon Ovadia Purim p. 56</ref><br />
#It isn't considered a minyan for people to join together to daven on a video conference but it is still somewhat spiritually valuable.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)]</ref><br />
<br />
===Answering [[Amen]]===<br />
<br />
#Even if there is a time delay between the person reciting the bracha and the one answering it that wouldn't be considered an [[Amen Yetoma]].<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)], [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)], Rabbi Nacson in Laws of Praying Beyachid p. 4 based on Yalkut Yosef 5775 ed Yamim Noraim p. 17, Yabia Omer 1:19:18, Chazon Ovadia Purim p. 56</ref><br />
<br />
===Megillah===<br />
<br />
#There is a major dispute if a person could fulfill their mitzvah of listening to the megillah on the phone or through watching a live streamed video. Some rabbanim advised this,<ref>Rav Schachter cited by [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)] and Rav Aviner agreed.</ref> while others hold that one can't fulfill one's mitzvah at all.<ref>Rav Dovid Feinstein cited by [http://podcast.headlinesbook.com/e/coronavirus-what-the-halacha-tells-us/ Rabbi Fink] and [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)]</ref> See this topic explained more fully here: [[Brachot_Through_a_Microphone]].<br />
<br />
==Netilat Yadayim==<br />
<br />
#If a person wants to wash his hands with soap and wash [[Netilat Yadayim for a meal]], one should first wash Netilat Yadyaim for the meal, dry the hands, recite the bracha, and then wash one's hands with soap and then recite the Hamotzei.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Willig (min 30-34)]</ref><br />
<br />
==Shabbat Davening==<br />
===Friday Night===<br />
#Although the reason for reciting Shalom Alechem on a Friday night is that the angels accompany you home from shul and you welcome them to your home, if one was unable to attend shul on a Friday night, he would still sing Shalom Alechem.<ref>[https://vimeo.com/399141271 Rabbi Moshe Heinemann] at around 28:30 in the name of Rav Moshe Feinstein, because Hashem will not punish you by not sending the angels when you weren't able to attend</ref><br />
===Davening for the Sick===<br />
# It is generally prohibited to daven on Shabbat for our needs or for the well-being of a sick person. However, if the person is in a state of mortal danger one may daven for his well-being on Shabbat.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951537/rabbi-hershel-schachter/piskei-corona-25-davening-for-the-sick/ Rav Schachter (Piskei Corona #25)]</ref> See [[Shabbat_Davenings#Personal_Requests]] for all of the details of this topic.<br />
<br />
===[[Kriyat Hatorah]]===<br />
#A person who is at home and can't be at shul should nonetheless read the parsha from a chumash between Shacharit and Mussaf as a way of remembering the concept of kriyat hatorah. He can use that reading as part of his reading of [[Shenayim Mikra Vechad Targum]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] quoting Rabbi Willig. [https://www.star-k.org/videos.php Rabbi Moshe Heinemann] around minutes 7-10 agrees that you should do so on Shabbat, but that it is not necessary on Monday and Thursday. </ref> Some think this doesn't accomplish anything.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950291/rabbi-hershel-schachter/piskei-corona-8-krias-hatorah/ Rav Schachter (Piskei Corona #8)]</ref><br />
#When the congregation misses a kriyat hatorah they can make it up by reading two parshiyot next week in Shul. However, if they miss multiple weeks there is a discussion if they should or could make up all of the parshiyot that they missed.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] based on Rama and Magen Avraham</ref><br />
#A person should not move a sefer torah out of a Shul for a home minyan.<ref>[https://drive.google.com/file/d/14IUOs2OOMhloqYwnbv3iKGrWS6GbYGId/view?usp=drivesdk Rabbi Yonatan Nacson in Laws of Praying Byachid (p. 10)] citing Rav Asher Weiss</ref> See [[Respecting_a_Sefer_Torah#Transporting_a_Sefer_Torah]] for more details.<br />
#There still is an obligation of [[Shenayim Mikra Vechad Targum]] when the there is no congregation doing the Kriyat Hatorah in shul.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950291/rabbi-hershel-schachter/piskei-corona-8-krias-hatorah/ Rav Schachter (Piskei Corona #8)</ref><br />
#One doesn't recite [[Baruch Shemey]] when praying by oneself since it is part of the activity of removing the Sefer Torah.<ref>Mishna Brurah 134:13</ref><br />
===Anim Zemirot===<br />
# A person davening alone doesn't have to recite Anim Zemirot.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951536/rabbi-hershel-schachter/piskei-corona-24-anim-zmiros-without-a-minyan/ Rav Schachter (Piskei Corona #24)] explains that anim zemirot was instituted only for a minyan, and according to Rav Soloveitchik was considered a [[dvar shebekedusha]].</ref><br />
<br />
==[[Hagomel]]==<br />
<br />
#A person who was quarantined and got out of quarantine doesn't recite Hagomel since they were in no danger.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
#A person needs to recite [[hagomel]] in front of a [[minyan]] of ten men. Some suggest that this can be recited before ten people listening on a video or phone call and can answer amen. Even though they aren't present, the minyan in this context is purely to publicize the idea so it is permissible.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)]</ref> Others disagree and as long as the minyan isn't in the same room one can not recite hagomel.<ref>Divrei Dovid 4:3</ref><br />
#According to Ashkenazim, if a person is ill with a sickness to the point that he is a choleh sheyesh bo sakana, a concern of mortal danger, he should recite Hagomel, but if he less sick than that there is no need to recite Hagomel.<ref>Rama 219:8, [http://nleresources.com/2020/03/rav-asher-weiss-coronavirus-in-halacha/#.XnoNOIjYrIU Rav Asher Weiss (March 15 2015, min 11)]</ref> Sephardic tradition is to recite Hagomel anytime someone was sick in bed such as with a flu or bad cold even for a short period of time.<ref>[https://itorah.com/global-search/birkat%20hagomel Rabbi Mansour ("Saying Birkat Hagomel Within 3 Days and Laws of Birkat Hagomel Following A Sickness")]</ref><br />
<br />
==[[Bedikat Chametz]] and [[Biur Chametz]]==<br />
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#A person should do bedikat chametz after praying by oneself at Tzet Hakochavim and then immediately begin the bedika. They should not have a meal within a half hour of the bedika.<ref>[https://www.torahanytime.com/#/lectures?v=106099 Rav Shmuel Fuerst (min 1-5)],[https://www.yutorah.org/sidebar/lecture.cfm/950401/rabbi-dan-cohen-rabbi-meir-gavriel-elbaz/pesach-prep-simplified/ Rav Meir Elbaz (min 17-8)]</ref><br />
#Because one can't do a large communal Chametz burning because gatherings aren't safe and even doing it with a few people at a time can look to non-Jews as unsafe. Rather one should just do biur chametz with a Kezayit by flushing it down the toilet.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-3-Mar-26-2020.pdf Rav Herschel Schachter (teshuva Rosh Chodesh Nissan 5780)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]. [https://www.jpost.com/Israel-News/Chief-Rabbis-Dont-leave-home-to-burn-chametz-for-Passover-623072 Rav Yitzchak Yosef and Rav David Lau] said that one should not go outside to burn chametz or kasher pots.</ref><br />
#A person should sell chametz in the house or office if he left there before he had the chance to do a bedikat chametz. By selling the chametz there he is absolving himself of having to do bedikat chametz.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/950401/rabbi-dan-cohen-rabbi-meir-gavriel-elbaz/pesach-prep-simplified/ Rav Elbaz (min 26)], Rav Asher Weiss (Teleconference, March 29 2020 11am)</ref><br />
<br />
==Selling [[Chametz]]==<br />
<br />
#If a person doesn't usually [[sell chametz]] and is afraid that if he doesn't sell chametz one year he isn't going to have food afterwards he can sell his chametz. He wouldn't require a [[hatarat nedarim]].<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (min 20)], [https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 9-11)]. [http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-3-Mar-26-2020.pdf Rav Herschel Schachter (teshuva Rosh Chodesh Nissan 5780)] explained the reason why the hatarat nedarim isn't necessary. [https://vimeo.com/399141271 Rabbi Moshe Heinemann] at around 46:45 agrees that if there is a big loss one can be lenient and sell chametz and it would not require hatarat nedarim, although he isn't so sure that it would be a big loss to an individual.</ref><br />
#A person can sell his chametz on the phone or online and if possible a kinyan can be made virtually in order to appoint the rabbi to sell the chametz. The kinyan would take place as follows: the rabbi would ask if there's someone standing next to the one who wants to appoint the rabbi and if there is then that person can give a pen or a utensil to the one who wants to appoint the rabbi as his shaliach. This is considered a valid kinyan between the person standing there and the one who wants to appoint the rabbi on behalf of the rabbi to be appointed. If that isn't feasible it isn't necessary. Nonetheless, one could stipulate in the document that this appointment of the rabbi is done with the full knowledge of its legal ramifications and it is accepted completely.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-1-Mar-24-2020.pdf Rav Hershel Schachter (Teshuva dated 28 Adar 5780 p. 2)], Nefesh Harav p. 179, [https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (min 1-5)] explained that the minhag is to make a kinyan to appoint a someone to sell something for you. This is classically done with a handing of a handkerchief from the rabbi to the one selling chametz. However, when they call on the phone that isn't possible. The Steipler held in such a case it isn't necessary to be careful about that minhag and simply have the person orally declare that he appoints the rabbi. However, Rav Soloveitchik felt that we should try to fulfill the minhag in any event. How can it be fulfilled? One can have someone standing in the room next to the person on the phone give something to the person on the phone on behalf of the rabbi. That is an effective halachic kinyan on behalf of the rabbi (see Kiddushin 7a). [https://www.torahanytime.com/#/lectures?v=106099 Rav Shmuel Fuerst (min 10)] explained that one can appoint the rabbi to sell his chametz online. Rav Asher Weiss (Minchat Asher Corona p. 66) agrees. [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal] allowed appointing the rabbi online if he is a talmid chacham.</ref><br />
#There is no issue with the selling of Chametz even though the Chametz is in a locked building or in a place that isn't accessible to the non-Jew because of the coronavirus situation.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950290/rabbi-hershel-schachter/piskei-corona-10-chametz-sheeno-birshuso/ Rav Schachter (Piskei Corona #10)]</ref><br />
#Some poskim allow ordering chametz on Pesach if one is certain that it will only be delivered after pesach.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951179/rabbi-hershel-schachter/piskei-corona-17-ordering-chametz-from-a-non-jew-on-pesach-to-arrive-after-pesach/ Rav Schachter (Piskei Corona #17)] explains that it isn't considered rotzeh bkiyumo, wanting the chametz to continue to exist, to order the chametz since one doesn't insist on any particular box of chametz that the company provides. However, one certainly may not acquire it with a kinyan such as picking it up or moving it. Even if it is delivered into one's property if one has intention not to acquire it, one doesn't acquire it. Yet, one can't even protect it since doing so is an issue of rotzeh bkiyumo. [https://yeshiva-university.zoom.us/rec/play/usAsduuh-283HoLAtASDAPZ9W9S0eq2s0igX-_pez0jkW3EFZFr1M7QRa7Qf9B_vOGt5lyO0vcW9I1-0?startTime=1585760529000&_x_zm_rtaid=CQsocm3ZRaq6pGgFL5OMGQ.1585880286593.75ff95374a21dbfc2f0c45524d508e2a&_x_zm_rhtaid=674 Rav Willig (April 1 2020, min 0-2)] agreed in technical terms.</ref><br />
<br />
==Buying for Pesach==<br />
<br />
#If you have raw chicken or raw meat you don't have to worry that it is chametz even if it was processed in a place where there was chametz. You can simply wash it off to solve any question.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 11-15)]</ref><br />
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==Kitniyot==<br />
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#Out of a concern of the coronavirus, this year some poskim permit taking vitamins which have additives of [[kitniyot]] in order to stay healthy and to strength one's immune system.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950289/rabbi-hershel-schachter/piskei-corona-7-kitniyos/ Rav Schachter (Piskei Corona #7)]</ref><br />
#Someone with Crohn's disease and needs to drink an enriched milk with kiniyot additives for his health can do so on Pesach. Also, he can do so within 6 hours after eating meat (see [[Waiting between Meat and Milk]]).<ref>[https://www.yutorah.org/lectures/lecture.cfm/950289/rabbi-hershel-schachter/piskei-corona-7-kitniyos/ Rav Schachter (Piskei Corona #7)]</ref><br />
<br />
==[[Kashering for Pesach]]==<br />
<br />
#Some poskim allow [[kashering a dishwasher]] for Pesach even though there are plastic and other materials in there that are questionable to kosher. One should wait 24 hours without using it and then use with just hot water and no soap. According to Ashkenazim this should be used to kosher it from Chametz but not from meat to parve or milk or vice versa.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-3-Mar-26-2020.pdf Rav Herschel Schachter (teshuva Rosh Chodesh Nissan 5780)]</ref><br />
#Some hold that one can kasher plastic, while others disagree. See on the [[Kashering_the_Kitchen_for_Pesach#Which_materials_can_be_kashered.3F]] page.<br />
<br />
==Pesach Davening==<br />
===Hallel Pesach Night===<br />
<br />
#There is a custom of Sephardic and some Ashkenazic communities to recite Hallel Pesach night in Shul. However, being that the current situation demands that a person needs to remain inside there is no way to fulfill this minhag and should not recite Hallel after davening. Rather one should only recite it at the Seder.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950285/rabbi-hershel-schachter/piskei-corona-9-hallel-on-pesach-night-and-tefillas-tal/ Rav Hershel Schachter (Piskei Corona #9)]</ref> Some Ashkenazic poskim would allow reciting a bracha.<ref>Rav Asher Weiss (Minchat Asher Corona p. 73-4) writes that a person who has the practice to recite the Hallel the night of the seder after davening can do so with a bracha even when davening individually.</ref><br />
#According to Sephardim, one should recite Hallel the night of the seder after davening with a bracha even though one is davening at home.<ref>Yachava Daat 5:34, Teshuva written by Rabbi Mordechai Lebhar author of Magen Avot (Erev Shabbat Hagadol 5780), Kaf Hachaim 487:38-42</ref><br />
<br />
===Shir Hashirim on Chol Hamoed===<br />
#Ashkenazim generally have the custom to read Shir Hashirim on Shabbat Chol Hamoed Pesach. This year since there is no minyanim available, when one davens at home individually, there is no obligation to read Shir Hashirim. One may do so but it isn't in fulfillment of the minhag.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950655/rabbi-hershel-schachter/piskei-corona-13-shir-hashirim-on-chol-hamoed-pesach/ Rav Schachter (Piskei Corona #13)]</ref><br />
<br />
===Tefillat HaTal===<br />
#One can recite the piyut for tal on Pesach was only instituted for a congregation, however if one wants to recite it one may do so.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950285/rabbi-hershel-schachter/piskei-corona-9-hallel-on-pesach-night-and-tefillas-tal/ Rav Schachter (Piskei Corona #9)]</ref><br />
#In Mussaf everyone should stop saying [[Mashiv Haruach Umorid Hageshem]] and instead recite Morid Hatal because one is davening individually and one may not change from the practice of saying Mashiv Haruach of the congregation until the Shaliach Tzibur has done so and this year there are no minyanim switching at mussaf. After Mussaf, starting with Mincha, one should follow their regular minhag if they usually recite Morid Hatal or not.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950285/rabbi-hershel-schachter/piskei-corona-9-hallel-on-pesach-night-and-tefillas-tal/ Rav Schachter (Piskei Corona #9)]</ref> See [[Mashiv_HaRuach_UMorid_HaGeshem#When_to_Stop_Morid_Hageshem_and_Start_Tal]] for the background.<br />
# For Sephardim, one may begin to recite Morid Hatal in Mussaf even though he praying individually and there is no minyan nearby.<Ref>Kaf Hachaim 114:8 and Halacha Brurah v. 6 p. 145 rule that the primary halacha is that there's no prohibition to begin to start to say Morid Hatal before the Shaliach Tzibbur. It is only forbidden for an individual to begin Mashiv Haruach Umorid Hageshem before the congregation does. This is the approach of the Bet Yosef citing the Ran, Pri Chadash, and Maamar Mordechai, unlike the Raavad cited by the Tur 114:2. However, in a regular year, the Kaf Hachaim and Halacha Brurah recommend being strict for the Raavad to have the Shaliach Tzibur announce before the Mussaf that everyone should begin to say Morid Hatal.</ref><br />
<br />
==Machine Matza==<br />
<br />
#It is permitted under extenuating circumstances to use [[machine matza]] for the mitzvah of eating matzah on the seder night.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards beginning)]. This is acceptable for Sephardim as well even with a bracha as described by Rav Ovadia Yosef in Yachava Daat 1:14 and Chazon Ovadia (Pesach Hilchot Leil Haseder 5763 Edition p. 76). [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim] holds that one should really used hand baked matzah but if one can't acquire any then one can use machine matzah. [https://yeshiva-university.zoom.us/rec/play/uMB7I-D--j83ToDAtgSDUaJ7W9Xueqis0nRK-6FfmUm0VSMBZ1qjYLIbZbHenouY882eTH8fEnI5K7DA?startTime=1585587811000&_x_zm_rtaid=5PWyeRatQdGWZ2q1UH7K6w.1585657713810.05dafc99f0c11cb46ffb1a63ddd87e47&_x_zm_rhtaid=904 Rav Willig (min 2)] has a similar approach.</ref><br />
#Some say that there's no concern to have the hand baked matzot this year.<ref>Rav Asher Weiss (Teleconference March 22 2020, min 19) said that there's no concern to use the hand-baked matzot since they were baked earlier in the year. His personal minhag is to have only hand baked matzot. In terms of using machine matzah he felt that it is only a chumra not to use them even for the mitzvah of motzei matzah and one could use them if there's no other option.</ref><br />
<br />
==[[Eruv Tavshilin]] and [[Eruv Chatzerot]]==<br />
<br />
#A rabbi should establish an eruv tavshilin on behalf of his whole community. Even though usually he acquires it to another person who isn't a family member on behalf of the community, this year because of social distancing one can acquire it to one's wife. <ref>[https://www.yutorah.org/lectures/lecture.cfm/951181/rabbi-hershel-schachter/piskei-corona-19-eruv-tavshillin-and-eruv-chatzeiros-and-social-distancing/ Rav Schachter (Piskei Corona #19)]</ref><br />
#An eruv tavshilin works to allow cooking from Yom Tov to Shabbat even though it isn't possible to have guests in most cases.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951181/rabbi-hershel-schachter/piskei-corona-19-eruv-tavshillin-and-eruv-chatzeiros-and-social-distancing/ Rav Schachter (Piskei Corona #19)] explained that usually we use the concept of ''hoil'', since guests might arrive who can eat the food one cooked, to permit cooking from one day of Yom Tov to Shabbat. However, this year that seems not to be applicable. Rav Schachter explained based on the Maharam Chalavah that ''hoil'' doesn't necessitate that one actually have guests or even have the ability to have guests, it is rather a halachic principle since objectively it is possible to have guests the eruv is effective.</ref><br />
#The communal eruv chatzerot continues to be effective even though the communal box of matzah's might not be accessible.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951181/rabbi-hershel-schachter/piskei-corona-19-eruv-tavshillin-and-eruv-chatzeiros-and-social-distancing/ Rav Schachter (Piskei Corona #19)] explained that since theoretically it is possible to get the box alone for a few minutes it isn't completely inaccessible (see Har Tzvi OC 2:16).</ref><br />
#It is permissible to wear a surgical mask on Shabbat outside and it isn't [[carrying]] as long as it is fastened well and won't fall off.<ref>[https://itorah.com/daily-halacha/lecture/may-one-wear-a-surgical-mask-on-shabbat-in-a-public-domain/3803 Rabbi Mansour]</ref><br />
<br />
==Birchat Ha'ilanot==<br />
<br />
#One can recite birkat hailanot from indoors if one can see the trees but one may not recite them by seeing the trees on a video.<ref>Ateret Paz p. 154-6</ref> See the [[Birchat HaIlanot]] for more details and sources.<br />
<br />
==[[Tanit Bechorot]]==<br />
#A person should try to finish a short masecheta to make his own siyum.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-1-Mar-24-2020.pdf Rav Hershel Schachter (Teshuva dated 28 Adar 5780 p. 2)], [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref> Some say that learning one masechta with Bartenura is sufficient.<ref>[https://itorah.com/daily-halacha/lecture/ta-anit-bechorot-during-the-coronavirus-pandemic/3802 Rabbi Mansour], [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref><br />
# Many poskim say that he can rely on a siyum over the phone or video livestream.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-1-Mar-24-2020.pdf Rav Hershel Schachter (Teshuva dated 28 Adar 5780 p. 2)]. [https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards beginning)]. [https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 1-4)] explained that Rav Schachter and Rav Shlomo Zalman Auerbach hold that it is enough to listen and join with the siyum over the phone or video call. However, other poskim don't like this leniency. Rav Asher Weiss (Teleconference March 22 2020, min 7) agreed that one can be yotzei with a siyum over the phone or video for the tanit bechorot. [https://www.torahanytime.com/#/lectures?v=106099 Rav Shmuel Fuerst (min 6)] agreed that this year you can be yotzei the siyum over the phone since it is an extenuating circumstance. [https://youtu.be/Yo6IJi2V-bw Rav Avigdor Nevinsal] agreed that you can be part of a siyum over the phone and the meal one has afterwards is a seudat mitzvah. [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim] holds that it is better to make a siyum oneself even on a tractate of mishna but if that's not possible one can listen on the phone.</ref><br />
# Some say that in the event one can't make one's own siyum or even hear someone else's, one doesn't need to fast this year in order to maintain strength in this time of a health crisis.<ref>[https://itorah.com/daily-halacha/lecture/ta-anit-bechorot-during-the-coronavirus-pandemic/3802 Rabbi Mansour]</ref><br />
<br />
==Birkat Halevana==<br />
<br />
#Ideally one should recite birkat halevana outdoors.<ref>Rama 426:4</ref> If one can not do so one can recite Birkat Halevana from inside but initially one should open the window.<ref>Pri Megadim M"Z 426:4, Mishna Brurah 426:21</ref> See the [[Birkat HaLevana]] page.<br />
<br />
==Chol Hamoed==<br />
<br />
#One can't buy stocks or sell them on Chol Hamoed, however, if not selling them could lead to a loss of one's original capital that one invested one can sell it.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref><br />
<br />
See [[Chol Hamoed]] for many details.<br />
<br />
==Using Zoom for the Seder==<br />
<br />
#Although a minority of rabbis allow using Zoom for this emergency situation in a very extenuating circumstance where an elderly single person is alone for the seder away from family because of the quarantines to use technology to leave a video conference going for Yom Tov to join with a family seder,<ref>[http://www.israelnationalnews.com/News/News.aspx/277764 Rabbi Eliyahu Abergel and other rabbis]</ref> most rabbis consider this to be a breach of halacha.<ref>Rav Asher Weiss (Teleconference March 22 2020 11am, min 39; teshuva in Minchat Asher Corona pp. 75-6), [http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-2-Mar-25-2020.pdf Rav Herschel Schachter (teshuva Adar 29 5780)], [https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 20-22)], [https://www.inn.co.il/News/News.aspx/432065 Rav Yosef Tzvi Rimon]. Rav Willig's held that it is absolutely forbidden and it is a tremendous zilzul Shabbat besides questions of others prohibitions of Shabbat.</ref> There is a discussion if the firstgroup of rabbis retracted.<ref>[https://vosizneias.com/2020/03/24/the-heter-for-zoom-at-the-seder-is-incorrect-and-should-be-retracted/ Rabbi Yair Hoffman] describes how 3 of the original signers of the lenient ruling would only permit under life and death needs and not in general. However, [https://www.jpost.com/israel-news/zoom-passover-seder-rabbis-hit-back-at-critics-622494 another article] describes how some of the original rabbis who were lenient confirmed their opinions.</ref><br />
#It is suggested to perform a pre-pesach zoom seder for people who you can't invite to your seder in order to share divrei torah, songs, and the experience of the seder before Yom Tov.<ref>[https://www.inn.co.il/News/News.aspx/432065 Rav Yosef Tzvi Rimon]</ref><br />
#For someone who is clinically depressed to the point that there is a concern of suicide or just losing one's mind it is permitted to use a phone to call him to cheer him up and check on him. However, if there's a way to check the patient before Pesach one should do so.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-2-Mar-25-2020.pdf Rav Herschel Schachter (teshuva Adar 29 5780)]. [https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Willig (min 24)] agrees that we violate Shabbat for someone who is suicidal but they can use the phone.</ref> A person should check with his rabbi in each case.<br />
#A person should recite Ha lachma anya this year as one would any other year, even though that phrase is a call for inviting guests and this year that is impossible.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951299/rabbi-hershel-schachter/piskei-corona-21-can-we-say-kol-dichfin-this-year-/ Rav Schachter (Piskei Corona #21)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
<br />
==[[Sefirat Haomer]]==<br />
<br />
#If someone couldn't get a hair cut because the barbers were all closed before Pesach, then if one reached the point when it very noticeably long and people would tell him to get a haircut he can take a haircut during [[Sefira]]. Today it can be estimated that if it has been more than 2 months since his last haircut he can take a haircut during the Sefira.<ref>https://www.yutorah.org/lectures/lecture.cfm/950659/rabbi-hershel-schachter/piskei-corona-16-haircuts-on-chol-hamoed-and-sefira/ Rav Schachter (Piskei Corona #16)</ref><br />
<br />
==Mikveh==<br />
<br />
#Each community rabbi needs to decide these sort of questions however in theory it is possible for the Mikva to remain open and allow women who aren't having symptoms or aren't quarantined to go to Mikva. They should be extra careful about hygiene and prepare completely at home, go to the Mikva where there is no contact with anyone besides a brief contact with the water which has chemicals for cleanliness. Then upon returning home there are poskim who allow the woman to take a shower when she gets home to clean herself off.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/950654/rabbi-hershel-schachter/piskei-corona-12-showering-after-the-mikvah/ Rav Hershel Schachter (Piskei Corona #12)], [https://www.torahanytime.com/#/lectures?v=105574 Rabbi Shay Tahan]. Rav Asher Weiss (March 29 2020) said it is obviously permitted to overlook the chumra of not showering when the woman returns from mikveh at these times.</ref><br />
# On Shabbat, if a woman goes to mikveh she can not take a hot shower when she gets back since turning on the hot water is causing cold water to enter the boiler and cook. Rather she should either decide to take a completely cold shower or delay the mikveh until Motzei Shabbat. She should also not decide not to take a shower at all because one shouldn't do something unsafe when there's an option to delay going to mikveh.<Ref>[https://www.yutorah.org/lectures/lecture.cfm/951538/rabbi-hershel-schachter/piskei-corona-26-showering-when-returning-home-from-the-hospital-or-the-mikvah-on-shabbos-or-yom-tov/ Rav Schachter (Piskei Corona #26)]</ref><br />
# On Yom Tov, according to those who are lenient to permit [[showering on Yom Tov]], when a woman returns from the mikveh should do so. Rav Schachter's opinion is that it is only permitted to take a shower on Yom Tov with water that is just hot enough to remove the chill from the water (less than lukewarm). If she decides she doesn't want to take such a shower, she should delay going to mikveh until after Yom Tov.<Ref>[https://www.yutorah.org/lectures/lecture.cfm/951538/rabbi-hershel-schachter/piskei-corona-26-showering-when-returning-home-from-the-hospital-or-the-mikvah-on-shabbos-or-yom-tov/ Rav Schachter (Piskei Corona #26)]</ref><br />
#The OU has established [https://www.ou.org/covid-19-and-the-mikvah-recommended-protocols/?utm_source=SilverpopMailing&utm_medium=email&utm_campaign=Mikvah%20Guidance%20(1)&utm_content=&spMailingID=32100310&spUserID=MTM2NTc0Mjg0NTYwS0&spJobID=1683098314&spReportId=MTY4MzA5ODMxNAS2 health guidelines] in order to allow a mikveh to remain open.<br />
#The RCBC also stated that Mikva's are remaining open for the time.<ref>[https://www.theyeshivaworld.com/news/featured/1839350/no-shul-yeshivas-shabbos-guests-levayos-shiva-vaad-harabanim-of-bergen-county-releases-letter.html RCBC letter on yeshivaworld.com]</ref><br />
#The men's mikveh's should be closed at this time. Even if a person is careful to go to mikveh each day he can fulfill this custom by taking a 5 minute shower.<ref>Rav Asher Weiss (Teleconference March 22 2020, min 12)</ref> See [[Preparations_for_Davening#Going_to_Mikveh]] for details.<br />
<br />
==Tevilat Kelim==<br />
<br />
#Each community should decide whether or not close the kli mikveh out of a safety concern. You can do the [[tevilat kelim]] in the ocean.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 5-9)], [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref><br />
#Alternatively, one can use tevilat kelim in the mikvah while wearing gloves, then throw out the gloves, wash off the kelim with soap and water. If the community has other procedures for safety one should observe them.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 5-9)], [https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 3-4)]</ref><br />
#As a last resort one can avoid tevilat kelim by giving the pots to a non-Jew and borrowing them back. One can rely on this until the virus passes.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 5-9)], [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]. [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal] said that one could rely upon this if there was no other option. [https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 14-16)] allows selling the kelim to a non-Jew. Rav Yosef Tzvi Rimon (teshuva dated Nisan 1 5780) recommended this.</ref> If one can't sell or gift the pots to a non-Jew oneself one can do so online through [https://nirshamti.co.il/e-%D7%98%D7%91%D7%99%D7%9C%D7%94/ Zomet].<br />
#Another option is for a person to declare the pots that need tevilat kelim to be ownerless (hefker) in front of 3 Jews. One has to have full intent that the pots are ownerless and if someone took them one would have no claim upon them. If these Jews can't be there in person it is sufficient if they are present through social media technology but they should be people who live in the neighborhood. They should then leave the pots outside their house for a few minutes so that if someone wanted to take them they could. <ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-1-Mar-24-2020.pdf Rav Hershel Schachter (Teshuva dated 28 Adar 5780 p. 1)], [https://itorah.com/daily-halacha/lecture/if-one-has-new-utensils-which-he-is-unable-to-immerse/3801 Rabbi Mansour]</ref> Others disagree.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 5-12)] said that one shouldn't use the solution to make the pots hefker since you're using the kelim. See Sefer Tevilat Kelim p. 84 based on Maharil Diskin. See S"A Harav 445:1 that hefker that isn't meaningful since you plan to reacquire it isn't a solution. However, Rav Elyashiv and Rav Soloveitchik allowed it in extenuating circumstances. Rav Asher Weiss (Minchat Asher Corona p. 72) writes that one should avoid using new pots and relying on this leniency to mafkir but in an extenuating circumstance one can rely on it.</ref><br />
#If there's are no solutions, some poskim would allow using the pots without tevilat kelim in this extenuating circumstance.<ref>Rav Asher Weiss (Teleconference, March 22 2020 11am), Rav Yosef Tzvi Rimon (Teshuva dated Nisan 1 5780)</ref><br />
#Regarding a seder plate and kos shel eliyahu requiring tevilah, see [[Tevilat Kelim]] page.<br />
<br />
==[[Brit Milah]]==<br />
<br />
#A Brit Milah can be done without a minyan since gatherings aren't safe.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
#A grandfather or someone else involved in a brit milah via zoom can recite the naming of the baby but he should not recite the bracha of asher kidash yadid mbeten.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951300/rabbi-hershel-schachter/piskei-corona-22-participating-in-a-simcha-via-zoom/ Rav Schachter (Piskei Corona #22)]</ref><br />
<br />
==Naming a Girl==<br />
<br />
#Although normally we try to name a baby girl at an aliya to the Torah, a person doesn't need a minyan in order to name a girl and under the circumstances should do so without delay.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Neventzal], [https://www.yutorah.org/lectures/lecture.cfm/950292/rabbi-hershel-schachter/piskei-corona-11-krias-shem-for-a-baby-girl/ Rav Schachter (Piskei Corona Teshuva #11)], [https://vimeo.com/399141271 Rabbi Moshe Heinemann] at about 16:45</ref><br />
<br />
==Bar Mitzvah's==<br />
<br />
#[https://www.torahanytime.com/#/lectures?v=105558 A message for Bar Mitzvah Boys in the Lockdown by Rabbi Pesach Krohn]<br />
#A bar mitzvah boy who missed the opportunity to read his parsha in shul when he became bar mitzvah'ed when it is next possible to go to shul he can add his parsha as a hosafa and read it then. Additionally, the haftorah can follow that hosafa.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards end)]</ref><br />
#The father of a Bar Mitzvah boy who couldn't layn should wait until he can do something that shows he's Bar Mitzvah like layn or daven as Shaliach Tzibbur to make such a bracha.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
<br />
==Weddings==<br />
<br />
#Ideally a wedding shouldn't be pushed off if both parties are ready even though it means having a tiny wedding.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal], [https://www.kimizion.org/maamar/5780_5784/keter.pdf (Keter Yitanu Lecha p. 38)]</ref><br />
#A rabbi should not officiate at a wedding that isn't abiding by the CDC guidelines of health because he is furthering unsafe practices.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards beginning)]</ref><br />
#It has been asked whether or not the poskim are more lenient this year regarding weddings during [[Sefira]] but the answer is that it is not determined because the situation is still unclear.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref> Some are lenient but it is best to schedule for [[Rosh Chodesh]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref><br />
#If in this dire situation it isn't possible to have a minyan, it is possible to have a wedding nonetheless without [[Sheva Brachot]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/951180/rabbi-hershel-schachter/piskei-corona-18-getting-married-with-less-than-10-men-present/ Rav Schachter (Piskei Corona #18)] explained that although it isn't possible to recite Sheva Brachot and seemingly they forbid the couple to each other without Sheva Brachot in this extenuating circumstance one can rely upon the opinion that the wedding is valid and they are permitted even without Sheva Brachot (see Nodeh Beyehuda EH 1:56). For birkat erusin certainly having a minyan isn't critical (Shulchan Aruch E.H. 34:4) although it is preferable and in this circumstance unnecessary. From Bet Shmuel 64:4 it appears to be a dispute between the Shulchan Aruch and Rama whether one is allowed to have a wedding at all if it is extremely difficult to get a minyan, the Rama being lenient. </ref><br />
#A minyan for [[sheva brachot]] can not be created via Zoom. Additionally, one can't recite a bracha of sheva brachot for the couple via Zoom.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951300/rabbi-hershel-schachter/piskei-corona-22-participating-in-a-simcha-via-zoom/ Rav Schachter (Piskei Corona #22)]</ref><br />
<br />
==[[Fast Days]]==<br />
<br />
#If the rabbis declare a half fast day until [[Chatzot]] according to Ashkenazim an individual can recite [[Anenu]] in Mincha Shemona Esrei<ref>Rama 562:1 writes that Ashkenazim hold that even for an incomplete fast one can recite anenu. Mishna Brurhah 562:48 references this Rama in discussing a fast that was accepted to fast until chatzot. The Mishna Brurah 562:7 cites a debate as to whether one should omit the words צום תעניתנו while reciting עננו in such a scenario as many poskim argue that a half fast is not considered a fast and therefore one would not want to risk speak falsely, particularly when he is speaking to Hashem.<br />
<br />
*[https://www.theyeshivaworld.com/news/israel-news/1841977/hagaon-harav-chaim-kanievsky-calls-to-fast-for-half-a-day-on-erev-rosh-chodesh.html Rav Chaim Kanievsky] declared a half fast on Erev Rosh Chodesh Nissan 5780.</ref> assuming he is still fasting when he prays Mincha.<ref>Mishna Brurah 562:6</ref> According to Sephardim one can only recite anenu if one fasts the entire day.<ref>Shulchan Aruch 562:10-11 holds that a incomplete fast is not considered a fast with respect to saying anenu. Therefore if one only fasts until chatzot one should not recite anenu.</ref><br />
#A person should accept the fast from the day before, as is traditionally done at mincha time. If one didn't do so, according to Sephardim one shouldn't recite anenu, but according to Ashkenazim one can recite anenu.<ref>Shulchan Aruch and Rama 562:5</ref><br />
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==Mezuzah==<br />
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#A person should not kiss any mezuzah, or any siddur or chumash of a shul or a public area at this time because of concern of spreading COVID19.<ref>[https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)], [https://www.jpost.com/israel-news/chief-rabbi-of-israel-due-to-coronavirus-stop-kissing-the-mezuzah-619753 Chief Rabbi Rabbi David Lau]</ref><br />
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==Shalom Bayit==<br />
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#It is critical to be mindful of other people when everyone is under stress and no one is completely comfortable. [https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Dr. Pelcovitz] discusses the implications quarantine can have Shalom Bayit.<br />
#It is forbidden for a couple to have [[tashmish]] at a night of famine<ref>Gemara Tanit 11a, Shulchan Aruch O.C. 240:12</ref> since everyone is in distress it is incumbent on everyone to take upon himself an aspect of distress.<ref>Mishna Brurah 574:9</ref> The same is true for any time of societal distresses.<ref>Rama 240:12 based on Yerushalmi Tanit. Olot Tamid 240:6 (cited by Kaf Hachaim 240:85) understands the Rama to apply to any type of tragedy that we would declare a fast over.</ref> Others disagree.<ref>Shaarei Knesset Hagedola (Hagahot Tur 240:5) writes that tashmish is only forbidden during a famine, plague of the crops, locusts and the like which cause a famine but not for other tragedies or troubles. Kaf Hachaim 240:85 rules like the Shaarei Knesset Hagedola either because that is the explanation of the Yerushalmi or we don't follow the Yerushalmi.</ref><br />
#It is permitted to have tashmish on mikvah night.<ref>Shulchan Aruch O.C. 574:11 writes that it is permitted for a couple to have tashish on mikva night. Mishna Brurah 574:11 cites the Magen Avraham who argues with Shulchan Aruch but then he cites the Bigdei Yesha and Nahar Shalom who are lenient and there's what to rely on to follow Shulchan Aruch. Mishna Brurah concludes that certainly one can be lenient at a time when it isn't a famine and it is just another time of distress in the world.</ref><br />
#It is permitted to have tashmish for a couple who didn't yet fulfill [[pru urevu]].<ref>Shulchan Aruch O.C. 240:12, 574:4, Mishna Brurah 240:47</ref> Once his wife is pregnant this leniency doesn't apply.<ref>Mishna Brurah 574:12</ref><br />
#If he has a strong yetzer hara and there is a concern of [[hashchatat zera]] it is permitted.<ref>Mishna Brurah 240:46</ref><br />
#There is what to rely upon to have tashmish at a time of war and there is no midat chasidut to be strict, especially for young couples even for someone who fulfilled pru urevu.<ref>Tzitz Eliezer 13:21</ref><br />
#During the time then the plague of corona virus is rampant in the world there is a lot to rely upon to have tashmish. Someone who wants to be strict can do so.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949166/rabbi-ally-ehrman/is-tashmish-hamitta-permitted-during-the-coronavirus-pandemic-/ Rabbi Ehrman on yutorah]. Rav Asher Weiss (Zoom Conference, March 22 2020, 11am, min 15) was lenient he said that the situation presently isn't one that rises to the level where we need to declare a fast. Also, since domestic violence recently has been on the rise because of the quarantines one shouldn't be strict in this area. </ref><br />
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==Laid off Workers Because of Corona==<br />
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#If there's a employee that is unable to work because of a societal or national crisis the employees should continue to be paid by the employers according to many opinions or at least they should make a compromise.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949287/rabbi-michoel-zylberman/coronavirus-and-laid-off-employees/ Rabbi Zylberman on yutorah]. Mordechai b"m 343 writes that if there's a decree in the town that the teachers can't teach the teachers should still be paid. Rama C.M. 321:1 cites this Mordechai and applies it to any worker in 334:1. The Sama 334:2 argues with the Mordechai and holds that since the employee can't work and both aren't at fault and both couldn't foresee this the employer is exempt. Netivot 334:1 limits the idea of the Mordechai to a teacher and not other employers since a teacher is paid for sachar betela (see [[Laws_of_Learning_Torah#Taking_Money_for_Learning_and_Teaching_Torah]]). Shach 334 holds that this opinion of the Mordechai only applies if majority of the town ran away because of a crisis but if only a minority runs away then the employee isn't entitled to payment. Aruch Hashulchan 334:10 has another approach. If the situation prevents the worker from working then he is entitled to pay but if he runs away then he isn't. Rabbi Zylberman explained from Mishpat Poalim we think that this is a case of Hamotzei Mchavero Alav Harayah, whoever is holding onto the money can claim that he is exempt from paying or returning the money. Rav Asher Weiss in Minchat Asher 2:106 says that they should make a compromise, and Rav Bleich ([https://www.sefaria.org/Contemporary_Halakhic_Problems%2C_Vol_IV%2C_Chapter_XIV_The_Intifada_and_the_Gulf_War.35?lang=bi&with=all&lang2=en Contemporary Halachic Problems v. 4]) thinks that we follow the Rama. Once the Chatom Sofer had a case in his town and he felt that they should pay but he couldn't force everyone to pay it so he told them to pay half. Rav Yona Reiss had a case where they made a compromise. <br />
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*Rav Asher Weiss (Zoom Conference, March 22 2020, 11am, min 21-25) thought that one should compromise and give the workers who aren't working 30% of their pay. This applies Jewish and non-Jewish workers. This is based on the Rama and Sama CM 221. As for the day schools and daycares that are closed and not providing services one theoretically should be exempt. Since it might be devastating to the schools one needs to wait until the government makes a decision. Either way, we should wait until there is a major decision from the government or authorities and follow that. Until then for the schools we should pay so that the teachers can have a salary for their [[parnasa]].</ref><br />
#This applies to contractors for cancelled events as well.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949287/rabbi-michoel-zylberman/coronavirus-and-laid-off-employees/ Rabbi Zylberman on yutorah]</ref><br />
#If someone rented out an apartment to someone and then he wants to retract because of a concern that the potential tenants have the virus, some say that it is forbidden to back out of the contract.<ref>[http://kol-barama.co.il/item/%D7%A4%D7%99%D7%A7%D7%95%D7%97-%D7%A0%D7%A4%D7%A9-%D7%A7%D7%95%D7%A8%D7%95%D7%A0%D7%94-%D7%A2%D7%A4%D7%99-%D7%94%D7%94%D7%9C%D7%9B%D7%94/ Rav Yakov Sinai] based on Rama in teshuva, Shach CM 312 and other sources</ref><br />
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==[[Bikur Cholim]]==<br />
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#A person doesn't have to and shouldn't visit someone who has a virus that contagious such as corona.<ref>[http://kol-barama.co.il/item/%D7%A4%D7%99%D7%A7%D7%95%D7%97-%D7%A0%D7%A4%D7%A9-%D7%A7%D7%95%D7%A8%D7%95%D7%A0%D7%94-%D7%A2%D7%A4%D7%99-%D7%94%D7%94%D7%9C%D7%9B%D7%94/ Rav Yakov Sinai (min 3)] explains that although the Rama in a teshuva and Knesset Hagedola hold that one should visit the sick even if they have a contagious disease, the Shulchan Gavoha and others disagree and that is the halacha.</ref><br />
#A person fulfills the mitzvah of bikur cholim on the phone according to many poskim.<ref>[https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Shlomo Aviner (Keter Yitnu Lecha p. 34)] citing Igrot Moshe YD 1:223 and Tzitz Eliezer 8:5. Rav Aviner added that the main idea of bikur cholim is to do what is best for the patient and in our context that is to call.</ref><br />
# Someone who is praying for a mortally ill patient to get better and doesn't know if he is still alive should pray for his well-being and not specifically for him to get better.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951537/rabbi-hershel-schachter/piskei-corona-25-davening-for-the-sick/ Rav Schachter (Piskei Corona #25)]</ref><br />
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==Burial and Mourning==<br />
===Burial===<br />
#Each place should follow the guidelines that are in place for safety. If a minyan isn't possible, then the next thing that is to try to have is Jews doing the burial. If they don't even let that, then afterwards a Jew should check that the burial by the non-Jews was done properly in the ground.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 26-8)]. [https://www.yutorah.org/sidebar/lecture.cfm/951298/rabbi-hershel-schachter/piskei-corona-20-tahara-for-meisim/ Rav Schachter (Piskei Corona #20)] said that they should specifically have as few people as possible for the burial and maybe just the workers and that too fulfills the mitzvah of burial.</ref> It is forbidden to cremate and it is still considered not dangerous to properly do a burial with no tahara and minimal involvement of the fewest people or simply the cemetery workers.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951298/rabbi-hershel-schachter/piskei-corona-20-tahara-for-meisim/ Rav Schachter (Piskei Corona #20)]</ref><br />
#At this time the chevra kadisha should not perform a tahara for the deceased since it could lead to danger.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951298/rabbi-hershel-schachter/piskei-corona-20-tahara-for-meisim/ Rav Schachter (Piskei Corona #20)]</ref><br />
# A person who was buried in America because of the corona virus but was planned to be buried in Israel can later when the virus isn't an issue be reburied in Israel, even though generally we don't rebury someone who was buried.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)]</ref> See the topic of [[Laws_and_Customs_of_a_Funeral#Under_What_Circumstances_is_it_Permitted_to_Move_Someone_Buried.3F|reburying a corpse]] in general.<br />
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===Kriyah===<br />
#The rabbi could do the [[Kriyah]] for the mourner with gloves and a mask or he can simply tell the mourner to do it.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Willig (min 29)]</ref><br />
===Avelut===<br />
# A person who is no going to be involved in the burial anymore because the deceased was given to the chevra kaddisha then he is not considered an [[Onen]] anymore and should begin [[Avelut]] (mourning). However, if he is going to call relatives to tell them about the levaya then he is still an [[Onen]].<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)]</ref>. If he is going to watch the burial with Zoom or listen on the phone it is unclear if he is still an Onen.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)] isn't certain if a person involved in the burial merely because he is watching via Zoom is still considered an Onen. [https://www.yutorah.org/sidebar/lecture.cfm/839779/rabbi-asher-bush/%d7%94%d7%aa%d7%97%d7%9c%d7%aa-%d7%90%d7%91%d7%99%d7%9c%d7%95%d7%aa-%d7%9c%d7%9e%d7%99-%d7%a9%d7%90%d7%99%d7%a0%d7%95-%d7%a0%d7%9e%d7%a6%d7%90-%d7%91%d7%a7%d7%91%d7%95%d7%a8%d7%aa-%d7%90%d7%91%d7%99%d7%95-%d7%95%d7%9e%d7%a9%d7%aa%d7%aa%d7%a3-%d7%a2-%d7%99-%d7%94%d7%98%d7%9c%d7%a4%d7%95%d7%9f/ Rav Asher Bush] wrote based on MPeninei Harav p. 202 that he considers someone phoning into a burial to not be an Onen unless they're going to ask him questions about the burial.</ref><br />
# On [[Erev Pesach]] if someone is buried before [[Chatzot]] (midday) the relatives should observe [[Avelut]] (mourning) before Chatzot and then at Chatzot it is considered like a Yom Tov and the rest of the [[Shiva]] is cancelled. If the person is buried after [[Chatzot]] they should observe Avelut before Yom Tov and then the Yom Tov will come and cancel the rest of [[Shiva]].<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)]</ref><br />
# A mourner shouldn't eat his first meal after the burial, the [[Seudat Havrah]], from his own food; other should provide that food. If at this time when people are concerned for COVID19 and might not send food, if the mourner knows that he isn't going to be sent food, he can eat the first meal from his own food.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)]</ref><br />
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===Kaddish and Iyluy Neshama===<br />
# Under the circumstances a person can not recite the kaddish because minyanim aren't available. Therefore, a person should take upon himself to learn mishnayot for the deceased.<Ref>Rav Asher Weiss (Minchat Asher Corona pp. 58-9)</ref><br />
See [[Practices_in_the_Mourner%27s_House#Iyluy_Neshama]] and [[Kaddish]] pages.<br />
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==[[Kibbud Av Vem]]==<br />
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#If one's parents ask him to do something which the department of health has deemed unsafe a person should not listen to his parents in such a case and that isn't a breach of Kibbud Av Vem.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-2-Mar-25-2020.pdf Rav Schachter (Teshuva Adar 29 5780)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
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==Violating Shabbat for [[Pikuach Nefesh]]==<br />
'''On Shabbat or Yom Tov, if anyone has any concern whatsoever that they are in serious danger because of deteriorating health, they should immediately call a doctor or [[Going_to_and_Staying_in_the_Hospital_on_Shabbat|go to the hospital]].'''<br />
#It is a well established halacha that it is not only permitted but even a mitzvah to violate [[Shabbat]] in order to safe a life or to remove a situation that presents even a slight chance of danger.<ref>Shulchan Aruch O.C. 328:13</ref> The question is how to define the threshold of danger.<ref>[http://nleresources.com/2020/03/rav-asher-weiss-coronavirus-in-halacha/#.XnoNOIjYrIU Rav Asher Weiss (March 15 2020, min 18-22) to Beit Midrash Gavoha] explained that the definition of danger in order to violate Shabbat isn't defined by statistics. For vaccinations we assume that it is a sakana not to vaccinate even though the odds of dying because of the measles is low. Since it is preventable it is incumbent upon us to vaccinate. He concludes that as long as it is a natural phenomenon and there is an action that we can do to prevent deaths we must do so.</ref><br />
#In certain cases of emergency regarding corona virus it would be allowed to violate Shabbat.<ref>[https://www.theyeshivaworld.com/news/headlines-breaking-stories/1841156/harav-zilberstein-answer-telephone-on-shabbos-if-awaiting-results-of-coronavirus-test.html Rav Zilberstein] allowed a patient to answer the phone on Shabbat with a [[shinuy]] only to hear the results of a test and answer questions for epidemiological investigation. If the test results that show that a patient has the virus are produced on Shabbat it is incumbent for the health department to deal with the quarantine then and it is permitted to answer the phone for that.</ref> Obviously every single case is different and one should learn the laws of Pikuach Nefesh from a rabbi in advance.<br />
#If a person is discharged from the hospital on Shabbat and they need him to leave because of the lack of space that they have because of the numbers of people who are ill, his family member can drive to get him. They should do a [[Shinuy]] when turning on the car like turning the key with one's weaker hand, or pressing the button on the key with one's knuckle. Also, when turning off the car one should use a Shinuy.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950282/rabbi-hershel-schachter/piskei-corona-6-pikuach-nefesh-on-shabbos/ Rav Schachter (Piskei Corona #6)]</ref><br />
==Doctors Working in the Hospital==<br />
#Regarding the larger issue of halachic triage see [https://www.yutorah.org/lectures/lecture.cfm/951531/rabbi-hershel-schachter/piskei-corona-15-triage-in-medical-decisions-updated-/ Rav Schachter (Piskei Corona #15 Updated)]. Here is a relevant [https://docs.google.com/document/d/1CtQ_XHzQarzg_0PEQODCO1ATKlM_cEmvPsXa8kdpgJA/edit sourcesheet on Halachic Triage]. [https://aiayk.org/pesachaudio/ Rav Asher Weiss (Teleconference April 6 2020, min 5-15)] discusses triage in halacha and what doctors should do.<ref>Rav Asher feels that there are only two factors that we consider for halachic triage: give precedence to someone who is in immediate danger, and give treatment to whoever has a better chance for survival. Age or spiritual need for the community are not factors for precedence. <br />
* Rav Asher says that for choleh shebifanenu the knowledge that another choleh is going to come in soon is considered pikuach nefesh if will with certainty be helpful. Therefore, if an older patient comes into the hospital but they know a younger patient is going to come in, they can consider them as though they came in together and treat according to who is in immediate danger and who has the better chance to live. Rav Schachter felt the same way in his teshuva.<br />
* If a hospital has a certain regulation, does he need to disregard the hospital protocols? Rav Asher Weiss felt that the doctors should not disregard hospital protocol, for multiple reasons but partly because if he doesn't he'll lose his license and having more able doctors at this time is pikuach nefesh.<br />
* Pulling a patient off a ventilator because someone entered the hospital who has a better chance of living, Rav Asher (min 27) felt is forbidden. Rather the doctor should say that he feels uncomfortable to do this and should let another doctor do it. Rav Schachter felt that one should try to convince the older patient to sign a DNR at that point in order to save the younger patient. </ref><br />
# A doctor may and is encouraged to perform a life saving procedure if he is wearing the correct protective gear.<ref>[https://aiayk.org/pesachaudio/ Rav Asher Weiss (Aguda Teleconference, April 6, 2020, min 18-22)] explains that you can’t put yourself in danger. However, you can if you’re saving someone from an immediate danger and you’re putting yourself in minimal danger then it is a middat chasidut to do so. Therefore, a doctor should do mechanical ventilation CPR on a COVID19 patient if he has the correct protective gear.<br />
* Rav Asher (min 33) allowed sharing ventilators when the doctors see fit in order to save another life because moving a patient from a single ventilator to a shared ventilator isn't considered doche nefesh mipnei nefesh since it isn't proven to be dangerous to use a shared ventilator. He also cited the Chazon Ish regarding turning the arrow to the side killing fewer people to save more people.</ref><br />
# A doctor returning from the hospital on Shabbat and needs to shower for health reasons so as not to catch the corona virus on his body or clothing, may do so. If he can manage with a cold shower, he should do so. If he can't, he may turn on the hot water with a [[shinuy]].<Ref>[https://www.yutorah.org/lectures/lecture.cfm/951538/rabbi-hershel-schachter/piskei-corona-26-showering-when-returning-home-from-the-hospital-or-the-mikvah-on-shabbos-or-yom-tov/ Rav Schachter (Piskei Corona #26)]. See there for how he distinguishes this from the woman returning from the mikveh on Shabbat.</ref><br />
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==[[Mesira]] and Rodef==<br />
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#If your doctor actually ascertains that there is a sakanat nefashot, mortal danger, involved with a certain large gathering that someone is doing then it is permitted to tell the authorities. However, otherwise it is forbidden because of informing upon another Jew ([[mesira]]). This can be a very difficult measure to actually properly assess.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Willig (min 41)]</ref><br />
#Some hold that if a person is supopsed to be in quarentine and they are not they are considered a rodef. However, obviously one should first speak to him and convince him to do what is safe.<ref>[https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 36)] citing Rav Zilberstein</ref><br />
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==Links==<br />
<br />
*[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal Q&A about Corona]<br />
*[https://rabbidunner.com/coronavirus-qa-with-rav-hershel-schachter/ Transcription of Q&A with Rav Schachter by Rabbi Dunner]<br />
*[https://www.theyeshivaworld.com/news/featured/1839350/no-shul-yeshivas-shabbos-guests-levayos-shiva-vaad-harabanim-of-bergen-county-releases-letter.html RCBC letter calling for the closing of Shuls and Schools]<br />
*[http://www.torahweb.org/ TorahWeb] hosts many resources for Corona halacha including Rav Schachter's Teshuvot<br />
*[http://www.kolcorona.com/ KolCorona.com] a Torah resource, initiated by Rabbi Reuven Taragin, for those affected by Corona<br />
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==Sources==<br />
<references /><br />
[[Category:Orach Chaim]]</div>YitzchakSultanhttps://halachipedia.com/index.php?title=Halachot_Related_to_Coronavirus/COVID-19_Pandemic&diff=25506Halachot Related to Coronavirus/COVID-19 Pandemic2020-04-07T17:17:44Z<p>YitzchakSultan: /* Doctors Working in the Hospital */</p>
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<div>[[Image:3D medical animation corona virus.jpg|right|300px]]<br />
All rabbinim agree that one should be cautious with all the health guidelines and social distancing<ref>[https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 34)] interestingly describes the sources in general about the Jewish view on handshaking and whether it is a [[Chukot Hagoyim]]. The poskim hold that in it isn't however, at this time it is forbidden because of the health concerns.</ref> set up by the government and other local institutions in order to stay safe and help prevent getting others sick.<ref>[https://www.torahanytime.com/#/lectures?v=104843 Rav Yitzchak Yosef], [http://www.torahweb.org/torah/docs/rsch/RavSchachter-with-doctors_Mar-15-2020.pdf Rav Hershel Schachter], Rav Asher Weiss (Teleconference March 22 2020), [https://www.ou.org/covid19/ OU (March 20 2020)], [https://www.torahanytime.com/#/lectures?v=106099 Rav Shmuel Fuerst (min 53)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal], [https://www.jpost.com/israel-news/leader-of-ultra-orthodox-world-calls-for-lone-prayer-due-to-coronavirus-622805 Rav Chaim Kanievsky], [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Shlomo Aviner (Keter Yitnu Lecha p. 34)], and RCBC letters. An article on [https://www.kikar.co.il/abroad/354170.html kikar.co.il] describes how the gedolim are currently davening privately including: the Gerre rebbe, Rav Shalom Kohen, Rav Gershon Edelstein, Rav Moshe Shternbuch, Rav Yitzchak Yosef, Sanser Rebbe, Rav Bakshi Doron, Rav Dovid Yosef, Bavian Rebbe, and Rav Sheiner.<br />
<br />
*Endangering Oneself to Learn Torah: Ketubot 77b records and praises the practice of Reish Lakish to teach Torah to those ill with tzarat, some translate as leprosy, even though it is contagious. The gemara explained that he did so out of his love for Torah. Daf Al Hadaf cites Mishnat Pikuach Nefesh 69:7 who asks how Reish Lakish could endanger himself and rely on a miracle. He answers that the disease he was concerned with was only dangerous to health but not life threatening.</ref> Coronavirus, as it causes a serious health threat to some people, inhibits any social gatherings and semachot, and has severely damaged the economy and livelihood of certain people, poses a serious challenge to everyone. We all need to daven and take advantage of the circumstances in order to best serve Hashem. As a thoughtful Jew, it is incumbent upon a person to take to heart some important lessons of life and re-strengthen himself in his commitments. <ref>Rambam Taniyot 1:1-3, [https://www.torahanytime.com/#/lectures?a=105844 Rav Reuven Epstein] emphasizes that we need to take a lesson from corona since it overtly a hardship for Jews and humanity and a sign from Hashem. [https://www.yutorah.org/lectures/lecture.cfm/949185/rabbi-menachem-penner/shema-everything-is-from-hashem/ Rabbi Penner] discussed how we can revitalize our strength in mitzvot at this time based on better appreciating the lessons of Shema. Rav Asher Weiss (Teleconference March 22, 2020) introduced his shiur by discussing how we can strengthen our commitment to [[Ben Adam Lchavero]]. [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha)] wrote many lengthy pieces on the hashkafic questions related to COVID19.</ref> Additionally, on a practical level, COVID19 has many implications for people, and below is a small collection of the relevant halachot.<br />
<br />
==[[Tefillah]]==<br />
When davening at home one should be cognizant of the following ideas:<br />
<br />
#The best time to pray is Netz. According to many poskim this is equivalent to praying with a minyan.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz], Laws of Praying Beyachid (Adar 5780) by Rabbi Yonatan Nacson p. 1 citing Yalkut Yosef 89:1</ref><br />
#A person should daven in a [[makom kavuah]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] and [https://www.star-k.org/videos.php Rabbi Moshe Heinemann around minutes 5-7]</ref><br />
#A person should daven in front of a wall so that there's no distractions in front of him.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]</ref><br />
#A person can and should daven near a window that serves as a means of being inspired to look towards heaven.<ref>Shulchan Aruch 90:4 writes that there should be windows in a place where one davens. [https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] suggested that the same should be done for when we daven at home to daven in a place where there is a window.</ref><br />
#A person can daven [[Shemona Esrei]] aloud if it helps his kavana. It also serves as a role model for children.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]</ref><br />
#A person shouldn't daven in a room that is usually used for frivolity.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]</ref><br />
#A person shouldn't daven in front of an open bathroom.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]</ref><br />
#At a time of a plague such as our times it is advisable to say [[ketoret]] which has the power to end a plague.<ref>Laws of Praying Beyachid by Rabbi Nacson p. 2, [https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] citing Rabbi Akiva Eiger teshuva 71</ref><br />
#According to some, at this time a person should recite Avinu Malkenu in [[Shacharit]] and [[Mincha]],<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] quoting Rav Schachter</ref> while others emphasize how one must focus on Teshuvah and reciting all parts of the regular seder haTefillah first.<ref>[https://www.torahanytime.com/#/lectures?v=104864 Rav Bention Mutzafi (55:10)]</ref> Avinu Malkenu should not be recited during [[Nissan]].<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal] stated that one should not recite Avinu Malkenu during Nissan. See Divrei Yatziv OC 75 for different minhagim about saying Avinu Malkenu during Nissan. See discussion page.</ref><br />
#Eating a meal before davening when the time comes to daven a certain tefillah should be avoided since generally we are lenient about this since we go to established minyanim but for when that isn't possible we should be more strict about this.<ref>Mishna Shabbat 9b, [https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]. [https://www.star-k.org/videos.php Rabbi Moshe Heinemann] around minutes 5-7 says that if one sets an alarm, that should be sufficient</ref> See details here about [[Eating before Davening| eating]] and [[Other Activities before Davening| doing activities before davening]].<br />
#When davening as a family, in a temporary fashion, some hold that it isn't necessary to have a [[mechitza]] and the men and women can simply daven on different sides of the room.<ref>Igrot Moshe 5:12:1 writes that regarding a Shabbos Sheva Brachos since it is just the family and it is a temporary situation no mechitza is necessary.</ref> See [[Mechitza]] for more details.<br />
#A person shouldn't forget to recite [[Birkat Halevana]] by themselves when they see the moon. It can be said from indoors. See [[Birkat Halevana]] page for details.<br />
<br />
===Parts of Davening to Skip===<br />
<br />
#On Friday night an individual doesn't recite [[Shabbat_Davenings#Me.27ayn_Sheva |Magen Avot]] after Shemona Esrei of Maariv.<ref>Laws of Praying Beyachid p. 10 citing Shulchan Aruch O.C. 268:8</ref> However, one should recite Vayechulu.<ref>[https://vimeo.com/399141271 Rabbi Moshe Heinemann] at around 24:45. At around 34 minutes, he clarifies that this can be done even by yourself, though normally we try to say it with at least two </ref><br />
#One doesn't recite [[Baruch Shemey]] when praying by oneself since it is part of the activity of removing the Sefer Torah.<ref>Mishna Brurah 134:13</ref><br />
<br />
==Minyan via Porches or Technology==<br />
<br />
#It is forbidden to have a minyan in person whether it is in a shul, shteibel, home, or backyard.<ref>[https://www.ou.org/covid19/ OU]. [https://www.yutorah.org/lectures/lecture.cfm/950656/rabbi-hershel-schachter/piskei-corona-14-forming-a-minyan-outside/ Rav Schachter (Piskei Corona #14)] writes that a person shouldn't try to make a minyan on his lawn spread out even if there's a small remote chance of spreading the virus. He also held that making a minyan with ten people standing on different balconies or porches doesn't count as a minyan. [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)] writes that certainly a person should not attend a minyan because of the danger and one may not rely on the zechut of a minyan to protect him, one needs to be safe. </ref><br />
#If there ten people standing on their own porches and can see one another, some say that one can not create a minyan in such a manner, while others hold that one can.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950656/rabbi-hershel-schachter/piskei-corona-14-forming-a-minyan-outside/ Rav Schachter (Piskei Corona #14)] holds that it isn't a valid minyan. However, Rav Shternbuch (teshuva Nissan 8 5780) held that it is a valid minyan. To satisfy all the opinions the shaliach tzibur should have in mind that when he does chazarat hashatz that he could be praying a voluntary tefillah. They can't join if they're across the street and within ten tefachim of the ground. The shaliach tzibur needs to be able to see everyone. For kriyat hatorah that is done with porches initially one should call up the baal koreh or anyone on his porch, then one can even call up to an aliya someone on another porch as long as he can hear the baal koreh. The kohanim should leave before retzah because they can't say birkat kohanim. Someone davening alone doesn't have to hear kriyat hatorah since it is an obligation of the community and not individual. Rav Asher Weiss (Teleconference with Aguda, April 2 2020) was also inclined to hold that it is possible to make a minyan with people on porches who can see each other.<br />
<br />
*Mishna Brurah 55:48 based on Rashba responsa 1:96 holds that one can learn from the laws of zimmun that if people can see each other they can join for minyan.</ref><br />
#You can't create a minyan with a video (e.g. zoom or skype) or phone call but one can join a minyan of ten men in one room with a video or phone call in order to answer [[dvarim shebekedusha]].<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)], Rabbi Nacson in Laws of Praying Beyachid p. 4 based on Yalkut Yosef 5775 ed Yamim Noraim p. 17, Yabia Omer 1:19:18, Chazon Ovadia Purim p. 56</ref><br />
#It isn't considered a minyan for people to join together to daven on a video conference but it is still somewhat spiritually valuable.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)]</ref><br />
<br />
===Answering [[Amen]]===<br />
<br />
#Even if there is a time delay between the person reciting the bracha and the one answering it that wouldn't be considered an [[Amen Yetoma]].<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)], [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)], Rabbi Nacson in Laws of Praying Beyachid p. 4 based on Yalkut Yosef 5775 ed Yamim Noraim p. 17, Yabia Omer 1:19:18, Chazon Ovadia Purim p. 56</ref><br />
<br />
===Megillah===<br />
<br />
#There is a major dispute if a person could fulfill their mitzvah of listening to the megillah on the phone or through watching a live streamed video. Some rabbanim advised this,<ref>Rav Schachter cited by [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)] and Rav Aviner agreed.</ref> while others hold that one can't fulfill one's mitzvah at all.<ref>Rav Dovid Feinstein cited by [http://podcast.headlinesbook.com/e/coronavirus-what-the-halacha-tells-us/ Rabbi Fink] and [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)]</ref> See this topic explained more fully here: [[Brachot_Through_a_Microphone]].<br />
<br />
==Netilat Yadayim==<br />
<br />
#If a person wants to wash his hands with soap and wash [[Netilat Yadayim for a meal]], one should first wash Netilat Yadyaim for the meal, dry the hands, recite the bracha, and then wash one's hands with soap and then recite the Hamotzei.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Willig (min 30-34)]</ref><br />
<br />
==Shabbat Davening==<br />
===Friday Night===<br />
#Although the reason for reciting Shalom Alechem on a Friday night is that the angels accompany you home from shul and you welcome them to your home, if one was unable to attend shul on a Friday night, he would still sing Shalom Alechem.<ref>[https://vimeo.com/399141271 Rabbi Moshe Heinemann] at around 28:30 in the name of Rav Moshe Feinstein, because Hashem will not punish you by not sending the angels when you weren't able to attend</ref><br />
===Davening for the Sick===<br />
# It is generally prohibited to daven on Shabbat for our needs or for the well-being of a sick person. However, if the person is in a state of mortal danger one may daven for his well-being on Shabbat.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951537/rabbi-hershel-schachter/piskei-corona-25-davening-for-the-sick/ Rav Schachter (Piskei Corona #25)]</ref> See [[Shabbat_Davenings#Personal_Requests]] for all of the details of this topic.<br />
<br />
===[[Kriyat Hatorah]]===<br />
#A person who is at home and can't be at shul should nonetheless read the parsha from a chumash between Shacharit and Mussaf as a way of remembering the concept of kriyat hatorah. He can use that reading as part of his reading of [[Shenayim Mikra Vechad Targum]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] quoting Rabbi Willig. [https://www.star-k.org/videos.php Rabbi Moshe Heinemann] around minutes 7-10 agrees that you should do so on Shabbat, but that it is not necessary on Monday and Thursday. </ref> Some think this doesn't accomplish anything.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950291/rabbi-hershel-schachter/piskei-corona-8-krias-hatorah/ Rav Schachter (Piskei Corona #8)]</ref><br />
#When the congregation misses a kriyat hatorah they can make it up by reading two parshiyot next week in Shul. However, if they miss multiple weeks there is a discussion if they should or could make up all of the parshiyot that they missed.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] based on Rama and Magen Avraham</ref><br />
#A person should not move a sefer torah out of a Shul for a home minyan.<ref>[https://drive.google.com/file/d/14IUOs2OOMhloqYwnbv3iKGrWS6GbYGId/view?usp=drivesdk Rabbi Yonatan Nacson in Laws of Praying Byachid (p. 10)] citing Rav Asher Weiss</ref> See [[Respecting_a_Sefer_Torah#Transporting_a_Sefer_Torah]] for more details.<br />
#There still is an obligation of [[Shenayim Mikra Vechad Targum]] when the there is no congregation doing the Kriyat Hatorah in shul.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950291/rabbi-hershel-schachter/piskei-corona-8-krias-hatorah/ Rav Schachter (Piskei Corona #8)</ref><br />
#One doesn't recite [[Baruch Shemey]] when praying by oneself since it is part of the activity of removing the Sefer Torah.<ref>Mishna Brurah 134:13</ref><br />
===Anim Zemirot===<br />
# A person davening alone doesn't have to recite Anim Zemirot.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951536/rabbi-hershel-schachter/piskei-corona-24-anim-zmiros-without-a-minyan/ Rav Schachter (Piskei Corona #24)] explains that anim zemirot was instituted only for a minyan, and according to Rav Soloveitchik was considered a [[dvar shebekedusha]].</ref><br />
<br />
==[[Hagomel]]==<br />
<br />
#A person who was quarantined and got out of quarantine doesn't recite Hagomel since they were in no danger.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
#A person needs to recite [[hagomel]] in front of a [[minyan]] of ten men. Some suggest that this can be recited before ten people listening on a video or phone call and can answer amen. Even though they aren't present, the minyan in this context is purely to publicize the idea so it is permissible.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)]</ref> Others disagree and as long as the minyan isn't in the same room one can not recite hagomel.<ref>Divrei Dovid 4:3</ref><br />
#According to Ashkenazim, if a person is ill with a sickness to the point that he is a choleh sheyesh bo sakana, a concern of mortal danger, he should recite Hagomel, but if he less sick than that there is no need to recite Hagomel.<ref>Rama 219:8, [http://nleresources.com/2020/03/rav-asher-weiss-coronavirus-in-halacha/#.XnoNOIjYrIU Rav Asher Weiss (March 15 2015, min 11)]</ref> Sephardic tradition is to recite Hagomel anytime someone was sick in bed such as with a flu or bad cold even for a short period of time.<ref>[https://itorah.com/global-search/birkat%20hagomel Rabbi Mansour ("Saying Birkat Hagomel Within 3 Days and Laws of Birkat Hagomel Following A Sickness")]</ref><br />
<br />
==[[Bedikat Chametz]] and [[Biur Chametz]]==<br />
<br />
#A person should do bedikat chametz after praying by oneself at Tzet Hakochavim and then immediately begin the bedika. They should not have a meal within a half hour of the bedika.<ref>[https://www.torahanytime.com/#/lectures?v=106099 Rav Shmuel Fuerst (min 1-5)],[https://www.yutorah.org/sidebar/lecture.cfm/950401/rabbi-dan-cohen-rabbi-meir-gavriel-elbaz/pesach-prep-simplified/ Rav Meir Elbaz (min 17-8)]</ref><br />
#Because one can't do a large communal Chametz burning because gatherings aren't safe and even doing it with a few people at a time can look to non-Jews as unsafe. Rather one should just do biur chametz with a Kezayit by flushing it down the toilet.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-3-Mar-26-2020.pdf Rav Herschel Schachter (teshuva Rosh Chodesh Nissan 5780)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]. [https://www.jpost.com/Israel-News/Chief-Rabbis-Dont-leave-home-to-burn-chametz-for-Passover-623072 Rav Yitzchak Yosef and Rav David Lau] said that one should not go outside to burn chametz or kasher pots.</ref><br />
#A person should sell chametz in the house or office if he left there before he had the chance to do a bedikat chametz. By selling the chametz there he is absolving himself of having to do bedikat chametz.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/950401/rabbi-dan-cohen-rabbi-meir-gavriel-elbaz/pesach-prep-simplified/ Rav Elbaz (min 26)], Rav Asher Weiss (Teleconference, March 29 2020 11am)</ref><br />
<br />
==Selling [[Chametz]]==<br />
<br />
#If a person doesn't usually [[sell chametz]] and is afraid that if he doesn't sell chametz one year he isn't going to have food afterwards he can sell his chametz. He wouldn't require a [[hatarat nedarim]].<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (min 20)], [https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 9-11)]. [http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-3-Mar-26-2020.pdf Rav Herschel Schachter (teshuva Rosh Chodesh Nissan 5780)] explained the reason why the hatarat nedarim isn't necessary. [https://vimeo.com/399141271 Rabbi Moshe Heinemann] at around 46:45 agrees that if there is a big loss one can be lenient and sell chametz and it would not require hatarat nedarim, although he isn't so sure that it would be a big loss to an individual.</ref><br />
#A person can sell his chametz on the phone or online and if possible a kinyan can be made virtually in order to appoint the rabbi to sell the chametz. The kinyan would take place as follows: the rabbi would ask if there's someone standing next to the one who wants to appoint the rabbi and if there is then that person can give a pen or a utensil to the one who wants to appoint the rabbi as his shaliach. This is considered a valid kinyan between the person standing there and the one who wants to appoint the rabbi on behalf of the rabbi to be appointed. If that isn't feasible it isn't necessary. Nonetheless, one could stipulate in the document that this appointment of the rabbi is done with the full knowledge of its legal ramifications and it is accepted completely.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-1-Mar-24-2020.pdf Rav Hershel Schachter (Teshuva dated 28 Adar 5780 p. 2)], Nefesh Harav p. 179, [https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (min 1-5)] explained that the minhag is to make a kinyan to appoint a someone to sell something for you. This is classically done with a handing of a handkerchief from the rabbi to the one selling chametz. However, when they call on the phone that isn't possible. The Steipler held in such a case it isn't necessary to be careful about that minhag and simply have the person orally declare that he appoints the rabbi. However, Rav Soloveitchik felt that we should try to fulfill the minhag in any event. How can it be fulfilled? One can have someone standing in the room next to the person on the phone give something to the person on the phone on behalf of the rabbi. That is an effective halachic kinyan on behalf of the rabbi (see Kiddushin 7a). [https://www.torahanytime.com/#/lectures?v=106099 Rav Shmuel Fuerst (min 10)] explained that one can appoint the rabbi to sell his chametz online. Rav Asher Weiss (Minchat Asher Corona p. 66) agrees. [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal] allowed appointing the rabbi online if he is a talmid chacham.</ref><br />
#There is no issue with the selling of Chametz even though the Chametz is in a locked building or in a place that isn't accessible to the non-Jew because of the coronavirus situation.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950290/rabbi-hershel-schachter/piskei-corona-10-chametz-sheeno-birshuso/ Rav Schachter (Piskei Corona #10)]</ref><br />
#Some poskim allow ordering chametz on Pesach if one is certain that it will only be delivered after pesach.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951179/rabbi-hershel-schachter/piskei-corona-17-ordering-chametz-from-a-non-jew-on-pesach-to-arrive-after-pesach/ Rav Schachter (Piskei Corona #17)] explains that it isn't considered rotzeh bkiyumo, wanting the chametz to continue to exist, to order the chametz since one doesn't insist on any particular box of chametz that the company provides. However, one certainly may not acquire it with a kinyan such as picking it up or moving it. Even if it is delivered into one's property if one has intention not to acquire it, one doesn't acquire it. Yet, one can't even protect it since doing so is an issue of rotzeh bkiyumo. [https://yeshiva-university.zoom.us/rec/play/usAsduuh-283HoLAtASDAPZ9W9S0eq2s0igX-_pez0jkW3EFZFr1M7QRa7Qf9B_vOGt5lyO0vcW9I1-0?startTime=1585760529000&_x_zm_rtaid=CQsocm3ZRaq6pGgFL5OMGQ.1585880286593.75ff95374a21dbfc2f0c45524d508e2a&_x_zm_rhtaid=674 Rav Willig (April 1 2020, min 0-2)] agreed in technical terms.</ref><br />
<br />
==Buying for Pesach==<br />
<br />
#If you have raw chicken or raw meat you don't have to worry that it is chametz even if it was processed in a place where there was chametz. You can simply wash it off to solve any question.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 11-15)]</ref><br />
<br />
==Kitniyot==<br />
<br />
#Out of a concern of the coronavirus, this year some poskim permit taking vitamins which have additives of [[kitniyot]] in order to stay healthy and to strength one's immune system.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950289/rabbi-hershel-schachter/piskei-corona-7-kitniyos/ Rav Schachter (Piskei Corona #7)]</ref><br />
#Someone with Crohn's disease and needs to drink an enriched milk with kiniyot additives for his health can do so on Pesach. Also, he can do so within 6 hours after eating meat (see [[Waiting between Meat and Milk]]).<ref>[https://www.yutorah.org/lectures/lecture.cfm/950289/rabbi-hershel-schachter/piskei-corona-7-kitniyos/ Rav Schachter (Piskei Corona #7)]</ref><br />
<br />
==[[Kashering for Pesach]]==<br />
<br />
#Some poskim allow [[kashering a dishwasher]] for Pesach even though there are plastic and other materials in there that are questionable to kosher. One should wait 24 hours without using it and then use with just hot water and no soap. According to Ashkenazim this should be used to kosher it from Chametz but not from meat to parve or milk or vice versa.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-3-Mar-26-2020.pdf Rav Herschel Schachter (teshuva Rosh Chodesh Nissan 5780)]</ref><br />
#Some hold that one can kasher plastic, while others disagree. See on the [[Kashering_the_Kitchen_for_Pesach#Which_materials_can_be_kashered.3F]] page.<br />
<br />
==Pesach Davening==<br />
===Hallel Pesach Night===<br />
<br />
#There is a custom of Sephardic and some Ashkenazic communities to recite Hallel Pesach night in Shul. However, being that the current situation demands that a person needs to remain inside there is no way to fulfill this minhag and should not recite Hallel after davening. Rather one should only recite it at the Seder.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950285/rabbi-hershel-schachter/piskei-corona-9-hallel-on-pesach-night-and-tefillas-tal/ Rav Hershel Schachter (Piskei Corona #9)]</ref> Some Ashkenazic poskim would allow reciting a bracha.<ref>Rav Asher Weiss (Minchat Asher Corona p. 73-4) writes that a person who has the practice to recite the Hallel the night of the seder after davening can do so with a bracha even when davening individually.</ref><br />
#According to Sephardim, one should recite Hallel the night of the seder after davening with a bracha even though one is davening at home.<ref>Yachava Daat 5:34, Teshuva written by Rabbi Mordechai Lebhar author of Magen Avot (Erev Shabbat Hagadol 5780), Kaf Hachaim 487:38-42</ref><br />
<br />
===Shir Hashirim on Chol Hamoed===<br />
#Ashkenazim generally have the custom to read Shir Hashirim on Shabbat Chol Hamoed Pesach. This year since there is no minyanim available, when one davens at home individually, there is no obligation to read Shir Hashirim. One may do so but it isn't in fulfillment of the minhag.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950655/rabbi-hershel-schachter/piskei-corona-13-shir-hashirim-on-chol-hamoed-pesach/ Rav Schachter (Piskei Corona #13)]</ref><br />
<br />
===Tefillat HaTal===<br />
#One can recite the piyut for tal on Pesach was only instituted for a congregation, however if one wants to recite it one may do so.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950285/rabbi-hershel-schachter/piskei-corona-9-hallel-on-pesach-night-and-tefillas-tal/ Rav Schachter (Piskei Corona #9)]</ref><br />
#In Mussaf everyone should stop saying [[Mashiv Haruach Umorid Hageshem]] and instead recite Morid Hatal because one is davening individually and one may not change from the practice of saying Mashiv Haruach of the congregation until the Shaliach Tzibur has done so and this year there are no minyanim switching at mussaf. After Mussaf, starting with Mincha, one should follow their regular minhag if they usually recite Morid Hatal or not.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950285/rabbi-hershel-schachter/piskei-corona-9-hallel-on-pesach-night-and-tefillas-tal/ Rav Schachter (Piskei Corona #9)]</ref> See [[Mashiv_HaRuach_UMorid_HaGeshem#When_to_Stop_Morid_Hageshem_and_Start_Tal]] for the background.<br />
# For Sephardim, one may begin to recite Morid Hatal in Mussaf even though he praying individually and there is no minyan nearby.<Ref>Kaf Hachaim 114:8 and Halacha Brurah v. 6 p. 145 rule that the primary halacha is that there's no prohibition to begin to start to say Morid Hatal before the Shaliach Tzibbur. It is only forbidden for an individual to begin Mashiv Haruach Umorid Hageshem before the congregation does. This is the approach of the Bet Yosef citing the Ran, Pri Chadash, and Maamar Mordechai, unlike the Raavad cited by the Tur 114:2. However, in a regular year, the Kaf Hachaim and Halacha Brurah recommend being strict for the Raavad to have the Shaliach Tzibur announce before the Mussaf that everyone should begin to say Morid Hatal.</ref><br />
<br />
==Machine Matza==<br />
<br />
#It is permitted under extenuating circumstances to use [[machine matza]] for the mitzvah of eating matzah on the seder night.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards beginning)]. This is acceptable for Sephardim as well even with a bracha as described by Rav Ovadia Yosef in Yachava Daat 1:14 and Chazon Ovadia (Pesach Hilchot Leil Haseder 5763 Edition p. 76). [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim] holds that one should really used hand baked matzah but if one can't acquire any then one can use machine matzah. [https://yeshiva-university.zoom.us/rec/play/uMB7I-D--j83ToDAtgSDUaJ7W9Xueqis0nRK-6FfmUm0VSMBZ1qjYLIbZbHenouY882eTH8fEnI5K7DA?startTime=1585587811000&_x_zm_rtaid=5PWyeRatQdGWZ2q1UH7K6w.1585657713810.05dafc99f0c11cb46ffb1a63ddd87e47&_x_zm_rhtaid=904 Rav Willig (min 2)] has a similar approach.</ref><br />
#Some say that there's no concern to have the hand baked matzot this year.<ref>Rav Asher Weiss (Teleconference March 22 2020, min 19) said that there's no concern to use the hand-baked matzot since they were baked earlier in the year. His personal minhag is to have only hand baked matzot. In terms of using machine matzah he felt that it is only a chumra not to use them even for the mitzvah of motzei matzah and one could use them if there's no other option.</ref><br />
<br />
==[[Eruv Tavshilin]] and [[Eruv Chatzerot]]==<br />
<br />
#A rabbi should establish an eruv tavshilin on behalf of his whole community. Even though usually he acquires it to another person who isn't a family member on behalf of the community, this year because of social distancing one can acquire it to one's wife. <ref>[https://www.yutorah.org/lectures/lecture.cfm/951181/rabbi-hershel-schachter/piskei-corona-19-eruv-tavshillin-and-eruv-chatzeiros-and-social-distancing/ Rav Schachter (Piskei Corona #19)]</ref><br />
#An eruv tavshilin works to allow cooking from Yom Tov to Shabbat even though it isn't possible to have guests in most cases.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951181/rabbi-hershel-schachter/piskei-corona-19-eruv-tavshillin-and-eruv-chatzeiros-and-social-distancing/ Rav Schachter (Piskei Corona #19)] explained that usually we use the concept of ''hoil'', since guests might arrive who can eat the food one cooked, to permit cooking from one day of Yom Tov to Shabbat. However, this year that seems not to be applicable. Rav Schachter explained based on the Maharam Chalavah that ''hoil'' doesn't necessitate that one actually have guests or even have the ability to have guests, it is rather a halachic principle since objectively it is possible to have guests the eruv is effective.</ref><br />
#The communal eruv chatzerot continues to be effective even though the communal box of matzah's might not be accessible.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951181/rabbi-hershel-schachter/piskei-corona-19-eruv-tavshillin-and-eruv-chatzeiros-and-social-distancing/ Rav Schachter (Piskei Corona #19)] explained that since theoretically it is possible to get the box alone for a few minutes it isn't completely inaccessible (see Har Tzvi OC 2:16).</ref><br />
#It is permissible to wear a surgical mask on Shabbat outside and it isn't [[carrying]] as long as it is fastened well and won't fall off.<ref>[https://itorah.com/daily-halacha/lecture/may-one-wear-a-surgical-mask-on-shabbat-in-a-public-domain/3803 Rabbi Mansour]</ref><br />
<br />
==Birchat Ha'ilanot==<br />
<br />
#One can recite birkat hailanot from indoors if one can see the trees but one may not recite them by seeing the trees on a video.<ref>Ateret Paz p. 154-6</ref> See the [[Birchat HaIlanot]] for more details and sources.<br />
<br />
==[[Tanit Bechorot]]==<br />
#A person should try to finish a short masecheta to make his own siyum.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-1-Mar-24-2020.pdf Rav Hershel Schachter (Teshuva dated 28 Adar 5780 p. 2)], [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref> Some say that learning one masechta with Bartenura is sufficient.<ref>[https://itorah.com/daily-halacha/lecture/ta-anit-bechorot-during-the-coronavirus-pandemic/3802 Rabbi Mansour], [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref><br />
# Many poskim say that he can rely on a siyum over the phone or video livestream.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-1-Mar-24-2020.pdf Rav Hershel Schachter (Teshuva dated 28 Adar 5780 p. 2)]. [https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards beginning)]. [https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 1-4)] explained that Rav Schachter and Rav Shlomo Zalman Auerbach hold that it is enough to listen and join with the siyum over the phone or video call. However, other poskim don't like this leniency. Rav Asher Weiss (Teleconference March 22 2020, min 7) agreed that one can be yotzei with a siyum over the phone or video for the tanit bechorot. [https://www.torahanytime.com/#/lectures?v=106099 Rav Shmuel Fuerst (min 6)] agreed that this year you can be yotzei the siyum over the phone since it is an extenuating circumstance. [https://youtu.be/Yo6IJi2V-bw Rav Avigdor Nevinsal] agreed that you can be part of a siyum over the phone and the meal one has afterwards is a seudat mitzvah. [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim] holds that it is better to make a siyum oneself even on a tractate of mishna but if that's not possible one can listen on the phone.</ref><br />
# Some say that in the event one can't make one's own siyum or even hear someone else's, one doesn't need to fast this year in order to maintain strength in this time of a health crisis.<ref>[https://itorah.com/daily-halacha/lecture/ta-anit-bechorot-during-the-coronavirus-pandemic/3802 Rabbi Mansour]</ref><br />
<br />
==Birkat Halevana==<br />
<br />
#Ideally one should recite birkat halevana outdoors.<ref>Rama 426:4</ref> If one can not do so one can recite Birkat Halevana from inside but initially one should open the window.<ref>Pri Megadim M"Z 426:4, Mishna Brurah 426:21</ref> See the [[Birkat HaLevana]] page.<br />
<br />
==Chol Hamoed==<br />
<br />
#One can't buy stocks or sell them on Chol Hamoed, however, if not selling them could lead to a loss of one's original capital that one invested one can sell it.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref><br />
<br />
See [[Chol Hamoed]] for many details.<br />
<br />
==Using Zoom for the Seder==<br />
<br />
#Although a minority of rabbis allow using Zoom for this emergency situation in a very extenuating circumstance where an elderly single person is alone for the seder away from family because of the quarantines to use technology to leave a video conference going for Yom Tov to join with a family seder,<ref>[http://www.israelnationalnews.com/News/News.aspx/277764 Rabbi Eliyahu Abergel and other rabbis]</ref> most rabbis consider this to be a breach of halacha.<ref>Rav Asher Weiss (Teleconference March 22 2020 11am, min 39; teshuva in Minchat Asher Corona pp. 75-6), [http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-2-Mar-25-2020.pdf Rav Herschel Schachter (teshuva Adar 29 5780)], [https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 20-22)], [https://www.inn.co.il/News/News.aspx/432065 Rav Yosef Tzvi Rimon]. Rav Willig's held that it is absolutely forbidden and it is a tremendous zilzul Shabbat besides questions of others prohibitions of Shabbat.</ref> There is a discussion if the firstgroup of rabbis retracted.<ref>[https://vosizneias.com/2020/03/24/the-heter-for-zoom-at-the-seder-is-incorrect-and-should-be-retracted/ Rabbi Yair Hoffman] describes how 3 of the original signers of the lenient ruling would only permit under life and death needs and not in general. However, [https://www.jpost.com/israel-news/zoom-passover-seder-rabbis-hit-back-at-critics-622494 another article] describes how some of the original rabbis who were lenient confirmed their opinions.</ref><br />
#It is suggested to perform a pre-pesach zoom seder for people who you can't invite to your seder in order to share divrei torah, songs, and the experience of the seder before Yom Tov.<ref>[https://www.inn.co.il/News/News.aspx/432065 Rav Yosef Tzvi Rimon]</ref><br />
#For someone who is clinically depressed to the point that there is a concern of suicide or just losing one's mind it is permitted to use a phone to call him to cheer him up and check on him. However, if there's a way to check the patient before Pesach one should do so.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-2-Mar-25-2020.pdf Rav Herschel Schachter (teshuva Adar 29 5780)]. [https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Willig (min 24)] agrees that we violate Shabbat for someone who is suicidal but they can use the phone.</ref> A person should check with his rabbi in each case.<br />
#A person should recite Ha lachma anya this year as one would any other year, even though that phrase is a call for inviting guests and this year that is impossible.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951299/rabbi-hershel-schachter/piskei-corona-21-can-we-say-kol-dichfin-this-year-/ Rav Schachter (Piskei Corona #21)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
<br />
==[[Sefirat Haomer]]==<br />
<br />
#If someone couldn't get a hair cut because the barbers were all closed before Pesach, then if one reached the point when it very noticeably long and people would tell him to get a haircut he can take a haircut during [[Sefira]]. Today it can be estimated that if it has been more than 2 months since his last haircut he can take a haircut during the Sefira.<ref>https://www.yutorah.org/lectures/lecture.cfm/950659/rabbi-hershel-schachter/piskei-corona-16-haircuts-on-chol-hamoed-and-sefira/ Rav Schachter (Piskei Corona #16)</ref><br />
<br />
==Mikveh==<br />
<br />
#Each community rabbi needs to decide these sort of questions however in theory it is possible for the Mikva to remain open and allow women who aren't having symptoms or aren't quarantined to go to Mikva. They should be extra careful about hygiene and prepare completely at home, go to the Mikva where there is no contact with anyone besides a brief contact with the water which has chemicals for cleanliness. Then upon returning home there are poskim who allow the woman to take a shower when she gets home to clean herself off.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/950654/rabbi-hershel-schachter/piskei-corona-12-showering-after-the-mikvah/ Rav Hershel Schachter (Piskei Corona #12)], [https://www.torahanytime.com/#/lectures?v=105574 Rabbi Shay Tahan]. Rav Asher Weiss (March 29 2020) said it is obviously permitted to overlook the chumra of not showering when the woman returns from mikveh at these times.</ref><br />
# On Shabbat, if a woman goes to mikveh she can not take a hot shower when she gets back since turning on the hot water is causing cold water to enter the boiler and cook. Rather she should either decide to take a completely cold shower or delay the mikveh until Motzei Shabbat. She should also not decide not to take a shower at all because one shouldn't do something unsafe when there's an option to delay going to mikveh.<Ref>[https://www.yutorah.org/lectures/lecture.cfm/951538/rabbi-hershel-schachter/piskei-corona-26-showering-when-returning-home-from-the-hospital-or-the-mikvah-on-shabbos-or-yom-tov/ Rav Schachter (Piskei Corona #26)]</ref><br />
# On Yom Tov, according to those who are lenient to permit [[showering on Yom Tov]], when a woman returns from the mikveh should do so. Rav Schachter's opinion is that it is only permitted to take a shower on Yom Tov with water that is just hot enough to remove the chill from the water (less than lukewarm). If she decides she doesn't want to take such a shower, she should delay going to mikveh until after Yom Tov.<Ref>[https://www.yutorah.org/lectures/lecture.cfm/951538/rabbi-hershel-schachter/piskei-corona-26-showering-when-returning-home-from-the-hospital-or-the-mikvah-on-shabbos-or-yom-tov/ Rav Schachter (Piskei Corona #26)]</ref><br />
#The OU has established [https://www.ou.org/covid-19-and-the-mikvah-recommended-protocols/?utm_source=SilverpopMailing&utm_medium=email&utm_campaign=Mikvah%20Guidance%20(1)&utm_content=&spMailingID=32100310&spUserID=MTM2NTc0Mjg0NTYwS0&spJobID=1683098314&spReportId=MTY4MzA5ODMxNAS2 health guidelines] in order to allow a mikveh to remain open.<br />
#The RCBC also stated that Mikva's are remaining open for the time.<ref>[https://www.theyeshivaworld.com/news/featured/1839350/no-shul-yeshivas-shabbos-guests-levayos-shiva-vaad-harabanim-of-bergen-county-releases-letter.html RCBC letter on yeshivaworld.com]</ref><br />
#The men's mikveh's should be closed at this time. Even if a person is careful to go to mikveh each day he can fulfill this custom by taking a 5 minute shower.<ref>Rav Asher Weiss (Teleconference March 22 2020, min 12)</ref> See [[Preparations_for_Davening#Going_to_Mikveh]] for details.<br />
<br />
==Tevilat Kelim==<br />
<br />
#Each community should decide whether or not close the kli mikveh out of a safety concern. You can do the [[tevilat kelim]] in the ocean.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 5-9)], [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref><br />
#Alternatively, one can use tevilat kelim in the mikvah while wearing gloves, then throw out the gloves, wash off the kelim with soap and water. If the community has other procedures for safety one should observe them.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 5-9)], [https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 3-4)]</ref><br />
#As a last resort one can avoid tevilat kelim by giving the pots to a non-Jew and borrowing them back. One can rely on this until the virus passes.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 5-9)], [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]. [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal] said that one could rely upon this if there was no other option. [https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 14-16)] allows selling the kelim to a non-Jew. Rav Yosef Tzvi Rimon (teshuva dated Nisan 1 5780) recommended this.</ref> If one can't sell or gift the pots to a non-Jew oneself one can do so online through [https://nirshamti.co.il/e-%D7%98%D7%91%D7%99%D7%9C%D7%94/ Zomet].<br />
#Another option is for a person to declare the pots that need tevilat kelim to be ownerless (hefker) in front of 3 Jews. One has to have full intent that the pots are ownerless and if someone took them one would have no claim upon them. If these Jews can't be there in person it is sufficient if they are present through social media technology but they should be people who live in the neighborhood. They should then leave the pots outside their house for a few minutes so that if someone wanted to take them they could. <ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-1-Mar-24-2020.pdf Rav Hershel Schachter (Teshuva dated 28 Adar 5780 p. 1)], [https://itorah.com/daily-halacha/lecture/if-one-has-new-utensils-which-he-is-unable-to-immerse/3801 Rabbi Mansour]</ref> Others disagree.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 5-12)] said that one shouldn't use the solution to make the pots hefker since you're using the kelim. See Sefer Tevilat Kelim p. 84 based on Maharil Diskin. See S"A Harav 445:1 that hefker that isn't meaningful since you plan to reacquire it isn't a solution. However, Rav Elyashiv and Rav Soloveitchik allowed it in extenuating circumstances. Rav Asher Weiss (Minchat Asher Corona p. 72) writes that one should avoid using new pots and relying on this leniency to mafkir but in an extenuating circumstance one can rely on it.</ref><br />
#If there's are no solutions, some poskim would allow using the pots without tevilat kelim in this extenuating circumstance.<ref>Rav Asher Weiss (Teleconference, March 22 2020 11am), Rav Yosef Tzvi Rimon (Teshuva dated Nisan 1 5780)</ref><br />
#Regarding a seder plate and kos shel eliyahu requiring tevilah, see [[Tevilat Kelim]] page.<br />
<br />
==[[Brit Milah]]==<br />
<br />
#A Brit Milah can be done without a minyan since gatherings aren't safe.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
#A grandfather or someone else involved in a brit milah via zoom can recite the naming of the baby but he should not recite the bracha of asher kidash yadid mbeten.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951300/rabbi-hershel-schachter/piskei-corona-22-participating-in-a-simcha-via-zoom/ Rav Schachter (Piskei Corona #22)]</ref><br />
<br />
==Naming a Girl==<br />
<br />
#Although normally we try to name a baby girl at an aliya to the Torah, a person doesn't need a minyan in order to name a girl and under the circumstances should do so without delay.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Neventzal], [https://www.yutorah.org/lectures/lecture.cfm/950292/rabbi-hershel-schachter/piskei-corona-11-krias-shem-for-a-baby-girl/ Rav Schachter (Piskei Corona Teshuva #11)], [https://vimeo.com/399141271 Rabbi Moshe Heinemann] at about 16:45</ref><br />
<br />
==Bar Mitzvah's==<br />
<br />
#[https://www.torahanytime.com/#/lectures?v=105558 A message for Bar Mitzvah Boys in the Lockdown by Rabbi Pesach Krohn]<br />
#A bar mitzvah boy who missed the opportunity to read his parsha in shul when he became bar mitzvah'ed when it is next possible to go to shul he can add his parsha as a hosafa and read it then. Additionally, the haftorah can follow that hosafa.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards end)]</ref><br />
#The father of a Bar Mitzvah boy who couldn't layn should wait until he can do something that shows he's Bar Mitzvah like layn or daven as Shaliach Tzibbur to make such a bracha.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
<br />
==Weddings==<br />
<br />
#Ideally a wedding shouldn't be pushed off if both parties are ready even though it means having a tiny wedding.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal], [https://www.kimizion.org/maamar/5780_5784/keter.pdf (Keter Yitanu Lecha p. 38)]</ref><br />
#A rabbi should not officiate at a wedding that isn't abiding by the CDC guidelines of health because he is furthering unsafe practices.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards beginning)]</ref><br />
#It has been asked whether or not the poskim are more lenient this year regarding weddings during [[Sefira]] but the answer is that it is not determined because the situation is still unclear.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref> Some are lenient but it is best to schedule for [[Rosh Chodesh]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref><br />
#If in this dire situation it isn't possible to have a minyan, it is possible to have a wedding nonetheless without [[Sheva Brachot]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/951180/rabbi-hershel-schachter/piskei-corona-18-getting-married-with-less-than-10-men-present/ Rav Schachter (Piskei Corona #18)] explained that although it isn't possible to recite Sheva Brachot and seemingly they forbid the couple to each other without Sheva Brachot in this extenuating circumstance one can rely upon the opinion that the wedding is valid and they are permitted even without Sheva Brachot (see Nodeh Beyehuda EH 1:56). For birkat erusin certainly having a minyan isn't critical (Shulchan Aruch E.H. 34:4) although it is preferable and in this circumstance unnecessary. From Bet Shmuel 64:4 it appears to be a dispute between the Shulchan Aruch and Rama whether one is allowed to have a wedding at all if it is extremely difficult to get a minyan, the Rama being lenient. </ref><br />
#A minyan for [[sheva brachot]] can not be created via Zoom. Additionally, one can't recite a bracha of sheva brachot for the couple via Zoom.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951300/rabbi-hershel-schachter/piskei-corona-22-participating-in-a-simcha-via-zoom/ Rav Schachter (Piskei Corona #22)]</ref><br />
<br />
==[[Fast Days]]==<br />
<br />
#If the rabbis declare a half fast day until [[Chatzot]] according to Ashkenazim an individual can recite [[Anenu]] in Mincha Shemona Esrei<ref>Rama 562:1 writes that Ashkenazim hold that even for an incomplete fast one can recite anenu. Mishna Brurhah 562:48 references this Rama in discussing a fast that was accepted to fast until chatzot. The Mishna Brurah 562:7 cites a debate as to whether one should omit the words צום תעניתנו while reciting עננו in such a scenario as many poskim argue that a half fast is not considered a fast and therefore one would not want to risk speak falsely, particularly when he is speaking to Hashem.<br />
<br />
*[https://www.theyeshivaworld.com/news/israel-news/1841977/hagaon-harav-chaim-kanievsky-calls-to-fast-for-half-a-day-on-erev-rosh-chodesh.html Rav Chaim Kanievsky] declared a half fast on Erev Rosh Chodesh Nissan 5780.</ref> assuming he is still fasting when he prays Mincha.<ref>Mishna Brurah 562:6</ref> According to Sephardim one can only recite anenu if one fasts the entire day.<ref>Shulchan Aruch 562:10-11 holds that a incomplete fast is not considered a fast with respect to saying anenu. Therefore if one only fasts until chatzot one should not recite anenu.</ref><br />
#A person should accept the fast from the day before, as is traditionally done at mincha time. If one didn't do so, according to Sephardim one shouldn't recite anenu, but according to Ashkenazim one can recite anenu.<ref>Shulchan Aruch and Rama 562:5</ref><br />
<br />
==Mezuzah==<br />
<br />
#A person should not kiss any mezuzah, or any siddur or chumash of a shul or a public area at this time because of concern of spreading COVID19.<ref>[https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)], [https://www.jpost.com/israel-news/chief-rabbi-of-israel-due-to-coronavirus-stop-kissing-the-mezuzah-619753 Chief Rabbi Rabbi David Lau]</ref><br />
<br />
==Shalom Bayit==<br />
<br />
#It is critical to be mindful of other people when everyone is under stress and no one is completely comfortable. [https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Dr. Pelcovitz] discusses the implications quarantine can have Shalom Bayit.<br />
#It is forbidden for a couple to have [[tashmish]] at a night of famine<ref>Gemara Tanit 11a, Shulchan Aruch O.C. 240:12</ref> since everyone is in distress it is incumbent on everyone to take upon himself an aspect of distress.<ref>Mishna Brurah 574:9</ref> The same is true for any time of societal distresses.<ref>Rama 240:12 based on Yerushalmi Tanit. Olot Tamid 240:6 (cited by Kaf Hachaim 240:85) understands the Rama to apply to any type of tragedy that we would declare a fast over.</ref> Others disagree.<ref>Shaarei Knesset Hagedola (Hagahot Tur 240:5) writes that tashmish is only forbidden during a famine, plague of the crops, locusts and the like which cause a famine but not for other tragedies or troubles. Kaf Hachaim 240:85 rules like the Shaarei Knesset Hagedola either because that is the explanation of the Yerushalmi or we don't follow the Yerushalmi.</ref><br />
#It is permitted to have tashmish on mikvah night.<ref>Shulchan Aruch O.C. 574:11 writes that it is permitted for a couple to have tashish on mikva night. Mishna Brurah 574:11 cites the Magen Avraham who argues with Shulchan Aruch but then he cites the Bigdei Yesha and Nahar Shalom who are lenient and there's what to rely on to follow Shulchan Aruch. Mishna Brurah concludes that certainly one can be lenient at a time when it isn't a famine and it is just another time of distress in the world.</ref><br />
#It is permitted to have tashmish for a couple who didn't yet fulfill [[pru urevu]].<ref>Shulchan Aruch O.C. 240:12, 574:4, Mishna Brurah 240:47</ref> Once his wife is pregnant this leniency doesn't apply.<ref>Mishna Brurah 574:12</ref><br />
#If he has a strong yetzer hara and there is a concern of [[hashchatat zera]] it is permitted.<ref>Mishna Brurah 240:46</ref><br />
#There is what to rely upon to have tashmish at a time of war and there is no midat chasidut to be strict, especially for young couples even for someone who fulfilled pru urevu.<ref>Tzitz Eliezer 13:21</ref><br />
#During the time then the plague of corona virus is rampant in the world there is a lot to rely upon to have tashmish. Someone who wants to be strict can do so.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949166/rabbi-ally-ehrman/is-tashmish-hamitta-permitted-during-the-coronavirus-pandemic-/ Rabbi Ehrman on yutorah]. Rav Asher Weiss (Zoom Conference, March 22 2020, 11am, min 15) was lenient he said that the situation presently isn't one that rises to the level where we need to declare a fast. Also, since domestic violence recently has been on the rise because of the quarantines one shouldn't be strict in this area. </ref><br />
<br />
==Laid off Workers Because of Corona==<br />
<br />
#If there's a employee that is unable to work because of a societal or national crisis the employees should continue to be paid by the employers according to many opinions or at least they should make a compromise.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949287/rabbi-michoel-zylberman/coronavirus-and-laid-off-employees/ Rabbi Zylberman on yutorah]. Mordechai b"m 343 writes that if there's a decree in the town that the teachers can't teach the teachers should still be paid. Rama C.M. 321:1 cites this Mordechai and applies it to any worker in 334:1. The Sama 334:2 argues with the Mordechai and holds that since the employee can't work and both aren't at fault and both couldn't foresee this the employer is exempt. Netivot 334:1 limits the idea of the Mordechai to a teacher and not other employers since a teacher is paid for sachar betela (see [[Laws_of_Learning_Torah#Taking_Money_for_Learning_and_Teaching_Torah]]). Shach 334 holds that this opinion of the Mordechai only applies if majority of the town ran away because of a crisis but if only a minority runs away then the employee isn't entitled to payment. Aruch Hashulchan 334:10 has another approach. If the situation prevents the worker from working then he is entitled to pay but if he runs away then he isn't. Rabbi Zylberman explained from Mishpat Poalim we think that this is a case of Hamotzei Mchavero Alav Harayah, whoever is holding onto the money can claim that he is exempt from paying or returning the money. Rav Asher Weiss in Minchat Asher 2:106 says that they should make a compromise, and Rav Bleich ([https://www.sefaria.org/Contemporary_Halakhic_Problems%2C_Vol_IV%2C_Chapter_XIV_The_Intifada_and_the_Gulf_War.35?lang=bi&with=all&lang2=en Contemporary Halachic Problems v. 4]) thinks that we follow the Rama. Once the Chatom Sofer had a case in his town and he felt that they should pay but he couldn't force everyone to pay it so he told them to pay half. Rav Yona Reiss had a case where they made a compromise. <br />
<br />
*Rav Asher Weiss (Zoom Conference, March 22 2020, 11am, min 21-25) thought that one should compromise and give the workers who aren't working 30% of their pay. This applies Jewish and non-Jewish workers. This is based on the Rama and Sama CM 221. As for the day schools and daycares that are closed and not providing services one theoretically should be exempt. Since it might be devastating to the schools one needs to wait until the government makes a decision. Either way, we should wait until there is a major decision from the government or authorities and follow that. Until then for the schools we should pay so that the teachers can have a salary for their [[parnasa]].</ref><br />
#This applies to contractors for cancelled events as well.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949287/rabbi-michoel-zylberman/coronavirus-and-laid-off-employees/ Rabbi Zylberman on yutorah]</ref><br />
#If someone rented out an apartment to someone and then he wants to retract because of a concern that the potential tenants have the virus, some say that it is forbidden to back out of the contract.<ref>[http://kol-barama.co.il/item/%D7%A4%D7%99%D7%A7%D7%95%D7%97-%D7%A0%D7%A4%D7%A9-%D7%A7%D7%95%D7%A8%D7%95%D7%A0%D7%94-%D7%A2%D7%A4%D7%99-%D7%94%D7%94%D7%9C%D7%9B%D7%94/ Rav Yakov Sinai] based on Rama in teshuva, Shach CM 312 and other sources</ref><br />
<br />
==[[Bikur Cholim]]==<br />
<br />
#A person doesn't have to and shouldn't visit someone who has a virus that contagious such as corona.<ref>[http://kol-barama.co.il/item/%D7%A4%D7%99%D7%A7%D7%95%D7%97-%D7%A0%D7%A4%D7%A9-%D7%A7%D7%95%D7%A8%D7%95%D7%A0%D7%94-%D7%A2%D7%A4%D7%99-%D7%94%D7%94%D7%9C%D7%9B%D7%94/ Rav Yakov Sinai (min 3)] explains that although the Rama in a teshuva and Knesset Hagedola hold that one should visit the sick even if they have a contagious disease, the Shulchan Gavoha and others disagree and that is the halacha.</ref><br />
#A person fulfills the mitzvah of bikur cholim on the phone according to many poskim.<ref>[https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Shlomo Aviner (Keter Yitnu Lecha p. 34)] citing Igrot Moshe YD 1:223 and Tzitz Eliezer 8:5. Rav Aviner added that the main idea of bikur cholim is to do what is best for the patient and in our context that is to call.</ref><br />
# Someone who is praying for a mortally ill patient to get better and doesn't know if he is still alive should pray for his well-being and not specifically for him to get better.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951537/rabbi-hershel-schachter/piskei-corona-25-davening-for-the-sick/ Rav Schachter (Piskei Corona #25)]</ref><br />
<br />
==Burial and Mourning==<br />
===Burial===<br />
#Each place should follow the guidelines that are in place for safety. If a minyan isn't possible, then the next thing that is to try to have is Jews doing the burial. If they don't even let that, then afterwards a Jew should check that the burial by the non-Jews was done properly in the ground.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 26-8)]. [https://www.yutorah.org/sidebar/lecture.cfm/951298/rabbi-hershel-schachter/piskei-corona-20-tahara-for-meisim/ Rav Schachter (Piskei Corona #20)] said that they should specifically have as few people as possible for the burial and maybe just the workers and that too fulfills the mitzvah of burial.</ref> It is forbidden to cremate and it is still considered not dangerous to properly do a burial with no tahara and minimal involvement of the fewest people or simply the cemetery workers.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951298/rabbi-hershel-schachter/piskei-corona-20-tahara-for-meisim/ Rav Schachter (Piskei Corona #20)]</ref><br />
#At this time the chevra kadisha should not perform a tahara for the deceased since it could lead to danger.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951298/rabbi-hershel-schachter/piskei-corona-20-tahara-for-meisim/ Rav Schachter (Piskei Corona #20)]</ref><br />
# A person who was buried in America because of the corona virus but was planned to be buried in Israel can later when the virus isn't an issue be reburied in Israel, even though generally we don't rebury someone who was buried.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)]</ref> See the topic of [[Laws_and_Customs_of_a_Funeral#Under_What_Circumstances_is_it_Permitted_to_Move_Someone_Buried.3F|reburying a corpse]] in general.<br />
<br />
===Kriyah===<br />
#The rabbi could do the [[Kriyah]] for the mourner with gloves and a mask or he can simply tell the mourner to do it.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Willig (min 29)]</ref><br />
===Avelut===<br />
# A person who is no going to be involved in the burial anymore because the deceased was given to the chevra kaddisha then he is not considered an [[Onen]] anymore and should begin [[Avelut]] (mourning). However, if he is going to call relatives to tell them about the levaya then he is still an [[Onen]].<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)]</ref>. If he is going to watch the burial with Zoom or listen on the phone it is unclear if he is still an Onen.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)] isn't certain if a person involved in the burial merely because he is watching via Zoom is still considered an Onen. [https://www.yutorah.org/sidebar/lecture.cfm/839779/rabbi-asher-bush/%d7%94%d7%aa%d7%97%d7%9c%d7%aa-%d7%90%d7%91%d7%99%d7%9c%d7%95%d7%aa-%d7%9c%d7%9e%d7%99-%d7%a9%d7%90%d7%99%d7%a0%d7%95-%d7%a0%d7%9e%d7%a6%d7%90-%d7%91%d7%a7%d7%91%d7%95%d7%a8%d7%aa-%d7%90%d7%91%d7%99%d7%95-%d7%95%d7%9e%d7%a9%d7%aa%d7%aa%d7%a3-%d7%a2-%d7%99-%d7%94%d7%98%d7%9c%d7%a4%d7%95%d7%9f/ Rav Asher Bush] wrote based on MPeninei Harav p. 202 that he considers someone phoning into a burial to not be an Onen unless they're going to ask him questions about the burial.</ref><br />
# On [[Erev Pesach]] if someone is buried before [[Chatzot]] (midday) the relatives should observe [[Avelut]] (mourning) before Chatzot and then at Chatzot it is considered like a Yom Tov and the rest of the [[Shiva]] is cancelled. If the person is buried after [[Chatzot]] they should observe Avelut before Yom Tov and then the Yom Tov will come and cancel the rest of [[Shiva]].<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)]</ref><br />
# A mourner shouldn't eat his first meal after the burial, the [[Seudat Havrah]], from his own food; other should provide that food. If at this time when people are concerned for COVID19 and might not send food, if the mourner knows that he isn't going to be sent food, he can eat the first meal from his own food.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)]</ref><br />
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===Kaddish and Iyluy Neshama===<br />
# Under the circumstances a person can not recite the kaddish because minyanim aren't available. Therefore, a person should take upon himself to learn mishnayot for the deceased.<Ref>Rav Asher Weiss (Minchat Asher Corona pp. 58-9)</ref><br />
See [[Practices_in_the_Mourner%27s_House#Iyluy_Neshama]] and [[Kaddish]] pages.<br />
<br />
==[[Kibbud Av Vem]]==<br />
<br />
#If one's parents ask him to do something which the department of health has deemed unsafe a person should not listen to his parents in such a case and that isn't a breach of Kibbud Av Vem.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-2-Mar-25-2020.pdf Rav Schachter (Teshuva Adar 29 5780)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
<br />
==Violating Shabbat for [[Pikuach Nefesh]]==<br />
'''On Shabbat or Yom Tov, if anyone has any concern whatsoever that they are in serious danger because of deteriorating health, they should immediately call a doctor or [[Going_to_and_Staying_in_the_Hospital_on_Shabbat|go to the hospital]].'''<br />
#It is a well established halacha that it is not only permitted but even a mitzvah to violate [[Shabbat]] in order to safe a life or to remove a situation that presents even a slight chance of danger.<ref>Shulchan Aruch O.C. 328:13</ref> The question is how to define the threshold of danger.<ref>[http://nleresources.com/2020/03/rav-asher-weiss-coronavirus-in-halacha/#.XnoNOIjYrIU Rav Asher Weiss (March 15 2020, min 18-22) to Beit Midrash Gavoha] explained that the definition of danger in order to violate Shabbat isn't defined by statistics. For vaccinations we assume that it is a sakana not to vaccinate even though the odds of dying because of the measles is low. Since it is preventable it is incumbent upon us to vaccinate. He concludes that as long as it is a natural phenomenon and there is an action that we can do to prevent deaths we must do so.</ref><br />
#In certain cases of emergency regarding corona virus it would be allowed to violate Shabbat.<ref>[https://www.theyeshivaworld.com/news/headlines-breaking-stories/1841156/harav-zilberstein-answer-telephone-on-shabbos-if-awaiting-results-of-coronavirus-test.html Rav Zilberstein] allowed a patient to answer the phone on Shabbat with a [[shinuy]] only to hear the results of a test and answer questions for epidemiological investigation. If the test results that show that a patient has the virus are produced on Shabbat it is incumbent for the health department to deal with the quarantine then and it is permitted to answer the phone for that.</ref> Obviously every single case is different and one should learn the laws of Pikuach Nefesh from a rabbi in advance.<br />
#If a person is discharged from the hospital on Shabbat and they need him to leave because of the lack of space that they have because of the numbers of people who are ill, his family member can drive to get him. They should do a [[Shinuy]] when turning on the car like turning the key with one's weaker hand, or pressing the button on the key with one's knuckle. Also, when turning off the car one should use a Shinuy.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950282/rabbi-hershel-schachter/piskei-corona-6-pikuach-nefesh-on-shabbos/ Rav Schachter (Piskei Corona #6)]</ref><br />
==Doctors Working in the Hospital==<br />
#Regarding the larger issue of halachic triage see [https://www.yutorah.org/lectures/lecture.cfm/951531/rabbi-hershel-schachter/piskei-corona-15-triage-in-medical-decisions-updated-/ Rav Schachter (Piskei Corona #15 Updated)]. Here is a relevant [https://docs.google.com/document/d/1CtQ_XHzQarzg_0PEQODCO1ATKlM_cEmvPsXa8kdpgJA/edit sourcesheet on Halachic Triage]. [https://aiayk.org/pesachaudio/ Rav Asher Weiss (Teleconference April 6 2020, min 5-15)] discusses triage in halacha and what doctors should do.<ref>Rav Asher feels that there are only two factors that we consider for halachic triage: give precedence to someone who is in immediate danger, and give treatment to whoever has a better chance for survival. Age or spiritual need for the community are not factors for precedence. <br />
* Rav Asher says that for choleh shebifanenu the knowledge that another choleh is going to come in soon is considered pikuach nefesh if will with certainty be helpful. Therefore, if an older patient comes into the hospital but they know a younger patient is going to come in, they can consider them as though they came in together and treat according to who is in immediate danger and who has the better chance to live. Rav Schachter felt the same way in his teshuva.<br />
* If a hospital has a certain regulation, does he need to disregard the hospital protocols? Rav Asher Weiss felt that the doctors should not disregard hospital protocol, for multiple reasons but partly because if he doesn't he'll lose his license and having more able doctors at this time is pikuach nefesh.<br />
* Pulling a patient off a ventilator because someone entered the hospital who has a better chance of living, Rav Asher (min 27) felt is forbidden. Rather the doctor should say that he feels uncomfortable to do this and should let another doctor do it. Rav Schachter felt that one should try to convince the older patient to sign a DNR at that point in order to save the younger patient. </ref><br />
# A doctor may and is encouraged to perform a life saving procedure if he is wearing the correct protective gear.<ref>[https://aiayk.org/pesachaudio/ Rav Asher Weiss (Aguda Teleconference, April 6, 2020, min 18-22)] explains that you can’t put yourself in danger. However, you can if you’re saving someone from an immediate danger and you’re putting yourself in minimal danger then it is a middat chasidut to do so. Therefore, a doctor should do mechanical ventilation CPR on a COVID19 patient if he has the correct protective gear.</ref><br />
# A doctor returning from the hospital on Shabbat and needs to shower for health reasons so as not to catch the corona virus on his body or clothing, may do so. If he can manage with a cold shower, he should do so. If he can't, he may turn on the hot water with a [[shinuy]].<Ref>[https://www.yutorah.org/lectures/lecture.cfm/951538/rabbi-hershel-schachter/piskei-corona-26-showering-when-returning-home-from-the-hospital-or-the-mikvah-on-shabbos-or-yom-tov/ Rav Schachter (Piskei Corona #26)]. See there for how he distinguishes this from the woman returning from the mikveh on Shabbat.</ref><br />
<br />
==[[Mesira]] and Rodef==<br />
<br />
#If your doctor actually ascertains that there is a sakanat nefashot, mortal danger, involved with a certain large gathering that someone is doing then it is permitted to tell the authorities. However, otherwise it is forbidden because of informing upon another Jew ([[mesira]]). This can be a very difficult measure to actually properly assess.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Willig (min 41)]</ref><br />
#Some hold that if a person is supopsed to be in quarentine and they are not they are considered a rodef. However, obviously one should first speak to him and convince him to do what is safe.<ref>[https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 36)] citing Rav Zilberstein</ref><br />
<br />
==Links==<br />
<br />
*[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal Q&A about Corona]<br />
*[https://rabbidunner.com/coronavirus-qa-with-rav-hershel-schachter/ Transcription of Q&A with Rav Schachter by Rabbi Dunner]<br />
*[https://www.theyeshivaworld.com/news/featured/1839350/no-shul-yeshivas-shabbos-guests-levayos-shiva-vaad-harabanim-of-bergen-county-releases-letter.html RCBC letter calling for the closing of Shuls and Schools]<br />
*[http://www.torahweb.org/ TorahWeb] hosts many resources for Corona halacha including Rav Schachter's Teshuvot<br />
*[http://www.kolcorona.com/ KolCorona.com] a Torah resource, initiated by Rabbi Reuven Taragin, for those affected by Corona<br />
<br />
==Sources==<br />
<references /><br />
[[Category:Orach Chaim]]</div>YitzchakSultanhttps://halachipedia.com/index.php?title=Opening_Bottles,_Cans,_and_Packages&diff=25505Opening Bottles, Cans, and Packages2020-04-07T16:00:35Z<p>YitzchakSultan: /* After the fact */</p>
<hr />
<div>{{Good}}<br />
[[Image:Openingbottles.jpg|right|200px]]<br />
Opening a bottle or can on [[Shabbat]] can involve a number of issues and the details of the opinions and cases in which they apply are described below. Please note, that these laws equally apply to [[Shabbat]] as they do to [[Yom Tov]]. <ref>Shemirat [[Shabbat]] KeHilchata 9:22 (See also Sh"t Igrot Moshe 1:122) </ref><br />
==Preferable option==<br />
# To avoid all forbidden activities with opening bottles and cans on [[Shabbat]], it's preferable to open the bottles and cans before [[Shabbat]]. <Ref>Shemirat [[Shabbat]] KeHilchata 9:1, [[Shabbos]] Kitchen (Rabbi Simcha Bunim Cohen, pg 184) </ref><br />
==Background==<br />
# Opening containers on [[Shabbat]] involves several prohibited activities including [[ripping]], making a useful container, finishing a vessel, and [[erasing]] letters. <ref>39 Melachos (Rabbi Ribiat, vol 3, pg 831-2)<br />
* '''Soseir''': Mishna in Shabbos 146a says that it is permissible for someone to break open a barrel on Shabbos in order to get to the food inside, as long as he doesn’t have intent to make a new vessel. The Gemara Beitzah 33b explains that R’ Eliezer must read this Mishna as a case where the kli is “mustaki”, which Rashi describes as a kli that had been broken and was then put back together. Only for this type of kli does the Mishna say it’s permissible to be soseir, but for regular keilim it would be forbidden. Tosfos in Shabbos 146b and Eiruvin 34b, as well as the Rosh in Eiruvin 3:5, say that this assumption of mustaki is not only for Rabbi Eliezer but even for the Rabanan. Rashi however, does not seem to make this assumption, and presumably would explain that the reason our Mishna says it’s permitted to break open the barrel is because of the din that there is no prohibition of boneh or soseir by keilim (Rashi Shabbos 122b). (Rashi’s formulation on 146a seems to say it’s permitted because it’s mekalkeil, a destructive action but many Rishonim have difficulty with Rashi, because mekalkeil is patur aval assur, not permitted. The Rashba and Ran explain that Rashi holds mekalkeil becomes permitted lchatchila when it’s l’tzorech shabbos. See Biur Halacha 314 “Assur L’Shavra” who strongly disagrees with this leniency). The Shulchan Aruch (OC 314:1) paskins like Tosfos and the Rosh, that specifically by mustaki we say that there is no prohibition of soseir. Therefore, according to the S”A, the only case where one avoids the issur of soseir is if the container is comparable to mustaki.<br/> Rav Ovadia Yosef (Yechave Daat 2:52) notes that the Rambam (Hil’ Shabbos 23:2) and the Rif (Shabbos 146a) both paskin like Rashi in this sugya and not like Tosfos (it should be noted that there is a debate about what the psak of the Rambam is). The Korban Nesanel (Shabbos 146a) and others comment that it is strange that the S”A paskins like Tosfos, against the Rambam and Rif. Rav Ovadia assumes that had the S”A known about the psak of the Rif and the Rambam he would have paskined that there is no issue of soseir at all, like Rashi. Rav Ovadia therefore concludes that there is no issur of soseir at all by opening containers.<br/> <br />
* '''Asiyas Pesach''': Rashi on Shabbos 146a comments that even though it is permissible to break open a chavis for the food inside, it is forbidden if you have intent to open it in a nice way, creating a neat opening. The Rambam (Hil’ Shabbos 10:17) includes this issur as a tolda of makeh b’patish.<br/> <br />
* '''Metakein Kli''': There is a prohibition of creating a kli on shabbos, based on Gemara Beitzah 33b regarding breaking off a piece of wood to be used as a toothpick (Shulchan Aruch 322:4). It either falls under the category of boneh or makeh b’patish. When one opens a container, he has created a receptacle that can be used to hold items.<br/> <br />
* '''Koreiya''': Rav Shlomo Zalman Auerbach (Shmiras Shabbos K’hilchasa Perek 9 footnote 12) thinks there are several reasons to be meikil in regards to koreiya. Firstly, we are only dealing with koreiya midrabanan, whether it be because this is a tearing which is a tikkun (Biur Halacha 340:13 s.v. ain), or because it’s not al mnas litfor (Biur Halacha ibid. s.v. vlo). Secondly, since you are only tearing it open in order to get to the food inside, the kli is bateil to the food. He therefore concludes that there is no issur koreiya. <br/> <br />
* There may be an issue of mechateich, measured cutting, if the container is opened on perforated lines. Rav Shlomo Zalman (quoted in Shmiras Shabbos K’Hilchasa Perek 11 Footnote 31) says that even when poskim get around the above issurim and say that it’s permitted to open a container, they agree that it would be an issur of mocheik if you tear words in the process. However, Yalkut Yosef Shabbos 314:19 paskins that it is not an issue of mocheik, because we are only dealing with mocheik drabanan (because it is not al minas lichtov), and you also are not miskavein, and get no hanaah from erasing the letters, so it’s a Psik Reisha D’lo Nicha Leih, and therefore it’s permitted lchatchila.<br/> </ref> <br />
==Opening a bag or container on Shabbat==<br />
# If a container (bag, can, or bottle) is usually reused after having been emptied, it is forbidden to open whether or not one intends to reuse it. <ref>Shemirat [[Shabbat]] KeHilchata 9:2, [[Shabbos]] Kitchen (pg 187-8) similarly forbids opening wrappers, bags, and boxes, unless one rips it to the extent that the bag is unusable afterwards and one is careful about not [[ripping]] the letters. </ref><br />
# If a container is usually used to keep the original contents after having been opened, but not usually reused, it’s forbidden to open on [[Shabbat]]. However, some are lenient if one really intends not to reuse it and one does not make a neat convenient opening. <Ref>Shemirat [[Shabbat]] KeHilchata 9:3 </ref><br />
# It is permissible to open a container (which is usually re-used or at least used to keep the original contents) if at the time of the opening (or beforehand) one ruins the container by perforating the side or bottom so that it could no longer be used. <Ref>Shemirat [[Shabbat]] KeHilchata 9:3, Orchos Shabbos pg. 369, 39 Melachos (R’ Ribiat, vol 3, pg. 831)). Chazon Ovadia v. 5 p. 365, Menuchat Ahava 3:16:4, Or Letsion 27:7 cited by Tiferet 314:24 are lenient to rip food packages in order to eat the food. </ref><br />
# It's permissible to rip open a miniature pack of sugar which is thrown out right after it's opened. <Ref>Shemirat [[Shabbat]] KeHilchata 9:4. </ref> Similarly, one may rip open a candy wrapper, bandaid wrapper, plastic or paper seal around wine bottles or jars because these are usually ripped and discarded immediately. <ref>39 Melachos (Rabbi Ribiat, vol 3, pg 833). Chazon Ish (51:11) says that even if you have intent to throw it out, it’s still forbidden because you might end up using it. Additionally, if you don’t empty it right away, the bag acts as a kli in regards to its contents. Finally, the Chazon Ish suggests that your intent is irrelevant; in the end of the day, you’re still making a kli. It should be noted that Minchas Yitzchak 4:82:36 believes that the Chazon Ish was only talking about when you specifically have intent to not throw it out, but he would actually agree that if it is generally thrown out, it would be permitted.<br/> </ref><br />
# It’s forbidden to take special care to rip a neat hole to be used as a opening or to rip open a container along the lines marked for perforation. <Ref>Shemirat [[Shabbat]] KeHilchata 9:5-6 </ref><br />
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==Packages stapled close==<br />
# It’s permitted to remove the staples from a container stapled shut. <Ref>Shemirat [[Shabbat]] KeHilchata 9:9 </ref><br />
==Cardboard boxes==<br />
# Cardboard boxes closed with gummed paper or tape, papers stuck together, or a paper wrapper may be (ripped) opened on [[Shabbat]] only if one ruins the box in a way that it’s unusable as a container afterwards (nor is any part of it useful which is violated if one tears along the edge of prize tokens printed on the wrapper). <Ref>Shemirat [[Shabbat]] KeHilchata 9:10-12 </ref><br />
==Twistees==<br />
# Some authorities forbid using plastic or wire twist ties (twisters) to close bags unless one plans to undo it within 24 hours. <ref>Shemirat [[Shabbat]] KeHilchata 9:13, 14:9 and (15 note 166, in the new edition note 174) quoting Rav Shlomo Zalman </ref> However, others permit. <ref> 39 Melachos (Rabbi Ribiat, Melechat [[Koshair]] note 54) quoting Rav Moshe Feinstein </ref> It is praiseworthy to avoid using them if they will remain undone for more than 24 hours. <ref>39 Melachos (Rabbi Ribiat, vol 3, pg 800) </ref><br />
==Packages tied close==<br />
# It’s permissible to rip or cut string that’s used to close a container if it’s impossible to remove the string otherwise as long as cutting spoils it for later use. <Ref>Shemirat [[Shabbat]] KeHilchata 9:14 </ref><br />
==Ripping letter or pictures==<br />
# The Ashkenazic custom is to avoid [[ripping]] letters when opening a package on [[Shabbat]], while the Sephardic custom is to be lenient in this issue. <Ref> Shemirat [[Shabbat]] Kehilchata 9:13 (quoting Rav Shlomo Zalman Auerbach) rules it is only rabbinically forbidden to rip through letters when opening a package, as is not considered [[erasing]] in order to write. <br />
* Rabbi Zvi Sobolofsky ([http://www.yutorah.org/lectures/lecture.cfm/718778/Rabbi_Zvi_Sobolofsky/_Hilchos_Shabbos_Series_Mocheik_-_Removing_Letterss_from_a_cake Removing Letters from a Cake] by Rabbi Zvi Sobolofsky min 18) explains that strictly speaking, it should be permitted to tear through letters for the same reasons that the Dagul Meirvavah permitted cutting letters on a cake. The minhag, though, is to be strict. Yalkut Yosef ([[Shabbat]] vol 5, p. 117) permits tearing through letters because it is a psik reisha d’lo nicha lei on a rabbinic prohibition. </ref><br />
==Closing bags==<br />
# One may not close a bag with a metal or plastic twister. <Ref>Shemirat [[Shabbat]] KeHilchata 9:13 </ref><br />
==Bottle caps==<br />
# Ashkenazic poskim hold that one may not open a bottle with a metal cap for the first time on [[Shabbos]] because removing the cap separates the ring from the cap and makes the cap into a useable vessel. One may make a hole using a knife in the cap if there aren’t letters or pictures on it so that makes it unfit for a cap afterwards and then one may open the bottle. <Ref> Shemirat [[Shabbat]] KeHilchata 9:17 (new edition 9:18), [[Shabbos]] Kitchen (Rabbi Simcha Bunim Cohen, pg 184-6). [39 Melachos (Rabbi Ribiat, vol 3, pg 841) writes that a less preferable option is to twist off the cap and discard it immediately (and it may be useful to have another cap handy).]</ref> However, it’s permissible to open a bottle with a plastic bottle cap (because it had the form of a cap before it was attached).<ref> Shemirat [[Shabbat]] KeHilchata 9:17 (new edition 9:18), [[Shabbos]] Kitchen (Rabbi Simcha Bunim Cohen, pg 184-6). [39 Melachos (Rabbi Ribiat, vol 3, pg 841) writes that a less preferable option is to twist off the cap and discard it immediately (and it may be useful to have another cap handy).] Rav Shlomo Zalman explains that it is forbidden to open a bottle cap for the first time on Shabbos because in the process one is creating a new kli, i.e. a bottle cap that can now be used to cover bottles. While it was attached to the bottle it was not yet a kli, because it could not be screwed on and off of a bottle, which Rav Shlomo Zalman considers the key function of a bottle cap. (Minchas Shlomo 2:32) Also, if one was to break the bottle and slide off the cap as is, without breaking off the ring, it would not be functional as a cap at all. (Minchas Shlomo 1:91:12)<br/> However, Rav Shlomo Zalman distinguishes between a metal bottle cap and a plastic bottle cap. The above issues are all in regards to a metal bottle cap. A plastic bottle cap is different, because the ring is thinner, and majority of it is not attached to the cap. Therefore, it is recognizable that the ring is a separate entity from the cap itself and is meant to be removed. Based on this, Rav Shlomo Zalman paskins that it is forbidden to open metal bottle caps and permitted to open plastic bottle caps.<br/> Rav Ribiat thinks that the plastic caps that Rav Shlomo Zalman allows, which were from Eretz Yisrael, are different from the plastic caps that we have in America. (39 Melachos Makeh B’Patish footnote 96c). See Meor HaShabbos page 482 who offers a new leniency for plastic caps after researching the production of plastic soda bottles.</ref> Some poskim are strict even with plastic <ref> Rav Elyashiv (quoted in Orchos Shabbos Perek 12 footnote 31 says that they are all assur to open. Rav Elyashiv holds it’s forbidden to open both metal and plastic caps because of mechateich. Also, Rav Nissim Karelitz (Chut Shani 2:37) says that even by plastic there is an issue of metakein kli. </ref> Some Ashkenazic poskim and Sephardic poskim hold it’s permissible to open bottles with metal or plastic caps but add that one who is strict to open them before [[Shabbat]] will be blessed. <ref> Rav Ovadia Yosef in Sh"t Yechave Daat 2:42, Halichot Olam v. 4 p. 246 cited by Tiferet 314:7, and Yalkut Yosef (vol 2, pg 517, 675). Rav Ovadia Yosef disagrees with both points of Rav Shlomo Zalman. He thinks that even while the cap is attached to the bottle it is considered a kli since it is covering the bottle (Yechave Daat 2:42). Also, if you would be able to take it off without breaking the ring, even though it wouldn’t fit over a bottle of the same size, it would technically still be usable to cover (albeit not via screwing) a smaller bottle. (Response to Rav Shlomo Zalman quoted in Yalkut Yosef Shabbos Krach Bet 314:18:20) Additionally, the Magid Mishnah (Hil’ Shabbos 12:2) holds that metakein kli is completely permitted if you don’t have intent. Combining his above reasoning with the Magid Mishnah’s leniency, Rav Ovadia paskins that it is permitted to open bottle caps for the first time on Shabbos. Rav Shlomo Zalman disagrees with Rav Ovadia's application of the Magid Mishnah. He explains that even though your main intent is for the drinking, it’s also on your mind to make a cap that would be usable in the future. Nonetheless, Rav Ovadia paskins that it is permitted, and does not differentiate between metal and plastic bottle caps. See also Rabbi Mordechai Willig’s opinion in Am Mordechai ([[Shabbat]], Siman 29, pg 161). Rav Willig agrees that it is permitted. The bottle cap was a kli even before you broke off the ring, and the issur metakein kli is only when you create a kli, not when you merely alter the function of a preexisting kli. (Am Mordechai Siman 29:3) </ref><br />
# Someone who holds that it’s forbidden to open a bottle on [[Shabbat]] is forbidden to ask another Jew who holds that it’s permissible to open a bottle on [[Shabbat]]. <ref> The 39 Melachos (Rabbi Ribiat, vol 1, pg 93) writes that it’s forbidden to ask a fellow Jew to open a can or bottle for him on [[Shabbat]] if the one requesting holds that one is forbidden to do so. He supports this with Sh”t Igrot Moshe 4:119:5. <br />
Many poskim also forbid including Tal Imrati (18:11, pg 190) quoting Chacham Ben Tzion Abba Shaul, Yalkut Yosef ([[Shabbat]], vol 3, pg 217-9) quoting Rav Ovadyah Yosef, Banim Chavivim (Siman 18, pg 91) quoting Rabbi Eliezer Waldenburg (from Meor Ha[[Shabbat]] (vol 1, Peninei HaMeor pg 552)) and Rav Chaim Kanievsky (from Meor Ha[[Shabbat]] (vol 2, pg 77)). Rav Yisrael Belsky in Shulchan HaLevi (vol 1, Birur Halacha 10, pg 339) also rules stringently and gives four reasons. <br />
* (1) Shelichut LeDvar Avierah. In the Gemara Bava Metsia 10b there is a dispute between Ravina and Rami Bar Chama regarding Shaliach LeDvar Avierah. Ravina holds that there’s only Ein Shaliach LeDvar Avierah when the one being sent is obligated in that prohibition, while Rami Bar Chama says that there’s Ein Shaliach LeDvar Avierah whenever the one being sent has the ability to choose to do it or not. The Rama C”M 182:1 rules like Ravina and so if the one being sent isn’t obligated then there is Shelichut. Rav Belsky concludes that since the one being sent follows a Rabbi who holds it’s permissible to open a bottle he’s considered not obligated in that prohibition and there would be Shelichut. Thus, if he is asked by someone who doesn’t open the bottle there would be a Deoritta violation of [[Shabbat]]. <br />
* (2) [[Lifnei Iver]]. Rav Belsky writes that since the opinion of those who hold it is forbidden is that it is forbidden for all Jews it would be forbidden to ask another Jew because of [[Lifnei Iver]].<br />
* (3) [[Amirah LeYisrael]]. He quotes the Radvaz 4:258 who forbids [[Amirah LeYisrael]] because it should be no better than [[Amirah LeNochri]].<br />
* (4) Degrading one’s friend. By asking one’s friend to do something which one holds is forbidden is treating him like a [[Shabbos goy]] or a less important Jew. <br />
* Rav Belsky concludes that it’s forbidden to ask him to open the bottle and it would be just as forbidden to ask him to open it for himself to drink because all the reasons apply except (perhaps) the first one. Though, he agrees that if the one who holds it is permissible opened it for himself it is permissible for others to benefit from the contents of the bottle. </ref> However, some say that if one is only strict based on the minhag of his Rabbis or father one may ask someone who holds it’s permissible. <Ref> Rav Shlomo Zalman Auerbach (Meor Ha[[Shabbat]] (Peninei HaMoer 3:8)) rules that if the one requesting holds it’s forbidden based on his ruling, then, it’s forbidden to ask someone who holds it’s permitted to do it for him, however, if the one requesting is only strict because of the minhag of his Rabbis or father, then it’s permitted to ask someone else to do that act. </ref><br />
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==Plastic protective seal==<br />
# It is permissible to remove a protective plastic seal on yogurt containers, tubs of butter or cottage cheese, coffee jar, and wine bottles in the normal way. <ref>[[Shabbos]] Kitchen (Rabbi Simcha Bunim Cohen, pg 188), 39 Melachos (Rabbi Ribiat, vol 3, pg 833) </ref><br />
==Metal can==<br />
# One should not open a metal can unless one only opens it halfway, removes the content immediately, and throws out the can. <ref> [[Shabbos]] Kitchen (Rabbi Simcha Bunim Cohen, pg 187) </ref><br />
==Milk carton==<br />
# It is forbidden to open a milk or juice carton which has a folding spigot for the first time. <ref>[[Shabbos]] Kitchan (Rabbi Simcha Bunim Cohen, pg 184) </ref> Some say that preferably one should not open the folding spout but there is a lenient opinion to rely on. <ref> 39 Melachos (Rabbi Ribiat, vol 3, pg 837-8) at first writes one should not open it, then writes some permit and concludes that preferably one shouldn't rely on the lenient opinion. </ref><br />
==Juice box==<br />
# When possible the juice should be opened before [[Shabbat]], however, if it wasn't one may insert the straw to drink the juice. <ref>39 Melachos (Rabbi Ribiat, vol 3, pg 838) </ref><br />
==Juice Carton==<br />
# Pulling out the ring to open a juice carton such that a nice circular hole is created is a dispute whether it is allowed on Shabbat. Some allow it and some don't.<ref>Tiferet 314:24 cites the Or Letzion 27:6 who holds that it is forbidden to open the juice carton by removing the ring unless one doesn't remove the ring completely. Menuchat Ahava 3:24:5 is lenient if one doesn't intends to drink from the carton but plans to first pour it into a cup. Chazon Ovadia Shabbat v. 5 p. 384 is lenient since one doesn't intend to make a nice hold but rather one intends just to open the juice and then throw it out.</ref><br />
<br />
==Jars==<br />
# It’s permissible to puncture the lid of a vacuum sealed jar in order to open a jar. <Ref>Shemirat [[Shabbat]] KeHilchata 9:21 </ref><br />
==After the fact==<br />
# If one opened a can, bag, bottle or other container in a prohibited way, one may still eat the food on [[Shabbat]]. <Ref>Shemirat [[Shabbat]] KeHilchata 9:23. Shemirat Shabbat Kehilchata (9 fnt. 76, 10 fnt. 44) explains that food in a container isn't muktzeh even if opened in a forbidden way since the container is only an obstacle (Rashba, Ran Beitzah 31b, Magen Avraham 518:14) and also there are permitted ways to open it. </ref><br />
# The food in the container isn’t muktzeh even if you hold that it is forbidden to open but if it was somehow opened the food is permitted.<ref>Orchot Shabbat v. 2 p. 196 quotes the Chazon Ish that food inside a container that you hold is forbidden to open is muktzeh. Orchot Shabbat disagrees since there are permitted ways to access the food even according to the Chazon Ish such as making the container unusable. Ran Beitzah 17b and Rashba Beitzah 31b clearly write that any inaccessible food which itself is edible and permitted aren’t muktzeh even if accessing them is forbidden.</ref><br />
==Non-Food Packages and Envelopes==<br />
#A person should not open an envelope on Shabbat even by asking a non-Jew. One could hint to the non-Jew that he isn't allowed to open it on Shabbat and if he figures out to open it that is permitted.<ref>Mishna Brurah 340:41. Biur Halacha 340:13 s.v. haniyar explains that the Pri Chadash YD 118 holds that opening a letter on Shabbat is kore'ah on a Biblical level since the destruction of the envelope is constructive for accessing the letter. The Biur Halacha concludes that this would depend on Rabbi Yehuda and Rabbi Shimon regarding melacha shein tzaricha lgufa and as such one should be strict not to treat this is a rabbinic prohibition and ask a non-Jew even if it is a mitzvah need.</ref><br />
# Some say that if one rips open the envelope package in a destructive fashion it is permitted.<ref>Or Letzion 2:40:5</ref> Some say it is technically permitted to open mail on Shabbat by separating the edges that were glued shut but it is better to ask a non-Jew.<Ref>Yalkut Yosef 340:14:5, Yachava Daat 6:24 citing Chacham Tzvi 39</ref><br />
<br />
==Related Pages==<br />
# [[Koreah]] (Tearing)<br />
# [[Opening and Reading Mail on Shabbat]]<br />
==Links==<br />
* [http://www.yutorah.org/lectures/lecture.cfm/716857/Rabbi_Zvi_Sobolofsky/Opening_Items_on_Shabbos-_Part_II_-Cans,_Bottles_and_Food_Items Rabbi Zvi Sobolofsky]<br />
* [http://www.torah.org/advanced/weekly-halacha/5757/beshal.html Weekly Halacha] by Rav Doniel Neustadt<br />
* [http://koltorah.org/ravj/OpeningCansonShabbat.htm Kol Torah] by Rabbi Chaim Jachter<br />
<br />
==Sources==<br />
<references/><br />
[[Category:Shabbat]]</div>YitzchakSultanhttps://halachipedia.com/index.php?title=Shiva&diff=25504Shiva2020-04-07T15:47:58Z<p>YitzchakSultan: /* Tefillin for a Mourner */</p>
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<div>One whose relative has passed away has an obligation<ref>There is a difference of opinion as to whether this obligation is derabanan or deoraisa, see below.</ref> to engage in several practices of mourning. The week of mourning, which begins (under normal circumstances) from the time of burial and continues for seven days, is colloquially referred to as "shiva" and is associated with several laws and customs.<br />
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==Who and For Whom Does One "Sit Shiva"==<br />
# There are seven relatives for whom one is obligated to mourn: one's (1) father, (2) mother, (3) son, (4) daughter, (5) sister, (6) brother, and (7) spouse.<ref>Shulchan Aruch Y.D. 374:4. The Rambam in Hilchos Avel 2:1 considers the obligation of mourning for a spouse to be Midivreihem, which most (cf. Lechem Mishnah there) assume to mean that it is derabanan (although this is not the understanding of the Kesef Mishnah there). Ramban, however, in Toras HaAdam (Chavel ed.) page 213 believes that it must be deoraisa. Additionally, Ramban writes (to Vayikra 21:3) that mourning for one's married sister, or a married sister mourning for her brother, is only derabanan.</ref> One who is not biologically related to the deceased 'relative' is not obligated to mourn for them.<ref>Thus, an adopted child, strictly speaking, does not need to mourn for his/her parents. However, some have the practice to do so anyway out of respect and gratitude for their adopted parents. Pischei Teshuvah 374:3 writes that one should mourn for his/her step-parent.</ref><br />
# A ger (convert) is not obligated to mourn for his relatives.<ref>Rama 391:1, against the opinion of the Mordechai in Maseches Semachos</ref><br />
# The Rabbis decreed that one whose immediate relative (i.e. one of the seven described above) is in mourning should also act as if he himself is in mourning, as long as he is in the presence of his mourning relative.<ref>Gemara Moed Kattan 20b, Shulchan Aruch 376:6. See Tosfos there regarding one's spouse's relative</ref> Today, however, some believe that this rule is no longer in effect.<ref>Hagahos Maimoni Avel 2:2 writes that the mourners can forgo this right to have their relatives mourn with them, and so the Rama in 376:6 writes that it is assumed that today everyone relinquishes this right.</ref><br />
# Generally speaking, one does not mourn for a deceased person who has rebelled against Judaism,<ref>Sanhedrin 47a, Shulchan Aruch Y.D. 304:5 and Shach 304:8 (applying the Rosh and Mordechai Moed Kattan 886) that even one who sinned only for pleasure, but repeatedly, is also excluded from being mourned), </ref> or one who committed suicide,<ref>Maseches Semachos 2:1, Shluchan Aruch Y.D. 345:1, against the opinion of Ramban in Toras HaAdam pg. 83</ref> although there are many possible exceptions to this rule, so every case must be determined by a qualified posek.<ref>cf. Chasam Sofer Sh"T Y.D. 326, Ritva Avodah Zarah 18a, Birkei Yosef Y.D. 341:2, Kol Bo Aveilus 1:4:3:39, Yabia Omer vol. 2, no. 24 miluim 15</ref><br />
# One does not mourn for a baby born prematurely who dies within thirty days of its birth, although there is considerable debate regarding how to determine "premature" in this context.<ref>Cf. Niddah 44b, Shulchan Aruch Y.D 374:8, Rama E.H. 156:4</ref><br />
# Children under bar mitzvah are not taught to observe aveilus. <ref>Derisha quoted in Taz 340:15 writes that in fact a child should be taught to observe aveilus, as the Gemara (Moed Kattan 26b) indicates that he should be taught to tear keriyah on the deceased. However, Dagul Merevavah there writes that there is no aveilus for children, and this is the common practice.</ref><br />
# There is a dispute regarding a boy who turns thirteen or a girl who turns twelve during the week or month after the burial of his/her relative, but the practice is for such a person to not observe aveilus at all.<ref>Rosh Moed Kattan 3:96, Tur and Shulchan Aruch 396, Taz 396:2</ref><br />
#We mourn over the loss of a Jew who wasn’t religious nowadays. <ref>Chazon Ovadia Aveilut v. 1 p. 538. His three reasons are the perhaps he did teshuva (Yad Yitzchak 3:149), perhaps avoiding mourning would lead to ayvah (Maharshag YD 1:25:6), and perhaps he was a tinok she’nishba (Emet LYakov 345:218).</ref> See [[Interactions with Non-Religious Jews]] for details.<br />
<br />
==The Beginning and End of "Shiva"==<br />
# Normally, aveilus begins from the end of the burial.<ref>Moed Kattan 27a (and elsewhere), according to R' Yehoshua regarding turning over the bed. Rashi (Kesuvos 4b) as understood by Ramban (Toras HaAdam pg. 156), holds that aveilus begins from the time that the casket is covered, even before it is placed in the ground, and the burial is only relevant if the body is buried without a casket. However, Shach (Y.D. 373:11) disputes this interpretation of Rashi, and Tosfos (Kesuvos 4b) write that aveilus begin when the stone covering is placed over the grave, or, if there is none, then it begins from the time that the relatives turn away from grave, having considered their burial complete. Bach (Tur Y.D. 375) believes that the Shulchan Aruch paskens like Rashi, but the based upon the Shach just cited, most assume that the aveilus does not begin until the end of the burial. According to Badei Hashulchan 375:2 quoting Daas Torah, the burial is not considered complete until the customary mound of earth is made marking the grave.</ref><ref>Although it is true that the aveilus does not begin until the completion of the burial, the period of aninus (at least for the purpose of davening) appears to end beforehand, from the beginning of the burial. Both Magen Avraham (O.C. 71:1) and Aruch Hashulchan (Y.D. 341:28) write that as soon as the body or casket begins to be covered by earth, the relatives may daven.</ref> Technically, the aveilim can keep their leather shoes on until they get home, but the custom is to remove them immediately after the burial.<ref>Ramban Toras HaAdam pg. 154, Shulchan Aruch 375:1. Badei Hashulchan Biurim "ve'achshav" writes that this may in fact be required according to the Magen Avraham O.C. 554:17, but the Aruch Hashulchan 375:5 writes that this is merely a custom which developed in order to symbolically display the onset of aveilus.</ref><br />
# If the mourner already davened maariv before shkiah, and then heard of his relative’s death, he cannot count that first day as one of the seven days of aveilus, but begins counting as if it were already past shkiah.<ref>Shulchan Aruch Y.D 375:11 and 402:11 and Shach 375:15, although cf. Levush there who writes, based on Rama to Y.D. 196:1 that the Rama argues. </ref><br />
# Aveilus is not practiced for the full seven days, but ends on the morning of the seventh day, because we say that מקצת היום ככולו, part of the last day counts as if it were a whole day.<ref>Moed Kattan 19b</ref> However, we do not apply this concept to keeping aveilus at night, and instead the mourners have visitors come in the morning and end aveilus when they leave.<ref>This is the practice as described by the Gemara Moed Kattan 21b. Tosfos there (s.v. “Afilu”) believe that the nighttime cannot count as a partial day, but Ramban (Toras HaAdam p. 215) disagrees. Maharam of Rothenberg, quoted in the Rosh (Moed Kattan 3:30) and paskened by Shulchan Aruch (Y.D. 395:1) held that the concept of מקצת היום ככולו can be applied to the nighttime in principle, and is therefore relevant for the thirty days of aveilus, but nighttime does not suffice for ending the seven days because of a need to have a seven day count, similar to the count of a niddah. </ref><br />
===If a Relative Doesn't Go to the Funeral===<br />
# According to Sephardim if a relative isn't going to the funeral but knows when the funeral is going to take place, he may not start aveilut until after the burial. After the fact if the asked a rabbi and the rabbi allowed him to start aveilut they can count those days towards the aveilut.<ref>Chazon Ovadia (Aveilut v. 2 p. 100). The Rambam (Avel 1:5) and Shulchan Aruch YD 375:2 rule that if a relative escorts the dead to the end of the city and doesn't continue to travel to the funeral he starts his aveilut immediately as long as the funeral is so far that he doesn't know when the funeral is going to take place. Chazon Ovadia infers that if the relative knows when the funeral is going to take place he can't start observing aveilut before then. He quotes the Maharnach 2:51 and Radbaz 4:63 who also say this.</ref><br />
# If a relative hears about the death of a relative and he isn't going to be involved in the burial or funeral at all and doesn't know when the funeral is going to take place, some say that he can't start his aveilut until he knows that the burial was complete, while others hold that he starts his aveilut immediately. Most contemporary poskim follow the second opinion.<ref> The Gemara Moed Katan 22a states that if a relative sent the funeral procession on its way to a faraway place once he turns his face from the burial he begins his aveilut. This is codified in Shulchan Aruch 375:2. However, the Rosh (teshuva 27:5) writes that if a person observed aveilut before his relative was buried his aveilut doesn't count. There are two major approaches as to how to explain the difference between the Gemara and the Rosh.<br />
* The Netsiv (Meishiv Dvar YD 27) holds that only if a person was involved with the burial and then sent the funeral procession off he begins his aveilut since he has completed his participation in the burial. However, if a person didn't do anything to contribute to the burial and was in another place he can't begin aveilut until after the burial.<br />
* The Netsiv's son-in-law, Rav Rafael Shapira, quoted by Sdei Chemed (Avelut no. 14) argued that once a person despaired from making any further participation in the burial either because he did his part or because he is so distant that he can't do anything he begins aveilut. However, in the case of the Rosh the relatives didn't give up to do the burial, so they can't begin aveilut yet.<br />
* Chazon Ovadia (Aveilut v. 2 p. 101) quotes the Chelkat Yakov 1:188, Maharsham 2:260, Shevet Halevi 3:168, and Igrot Moshe YD 1:253 who agreed with Rav Shapira.</ref><br />
# A relative who is not accompanying the meis to the place of burial begins the aveilus from the time that (s)he turns away from the meis,<ref>Moed Kattan 22a.</ref> as long as the burial is far enough that those relatives will certainly not make it to the burial.<ref>Shulchan Aruch Y.D. 375:2. Ramban (Toras HaAdam pg. 162, based on Rambam Avel 1:5) writes that this is only the case if the meis is being brought to a faraway city, and according to the Dagul Merevavah to Shach 375:1 is how the Shulchan Aruch paskens. However, the Behag (as quoted by Ramban, ibid.) appears to pasken that the relatives begin aveilus from the time that they turn away regardless of where the burial will be, and the Shulchan Aruch quotes this Behag in Y.D. 399:14. According to the Dagul Merevavah and Chachmas Adam (Matzeves Moshe 9), if the burial occurs in the same city, but a relative turns away from the procession and will certainly not return, such as on erev Yom Tov, this too would be enough to start aveilus.</ref> However, if the burial is being done in the city's cemetery, the aneinus ends without the aveilus beginning until those who were busy with the burial return<ref>Ramabn Toras HaAdam pg. 163, Shulchan Aruch Y.D. 375:2 as interpreted by Aruch Hashulchan 375:8 and paskened by Igros Moshe Y.D. 1:253 and Badei Hashulchan 375:11. However, Radbaz Sh"T 4:63 understands that even according to Ramban, once night falls, or once the relatives can be certain that the burial has occurred, they begin aveilus even if the burial occurred within their city despite not being present at the burial itself. See also Minchas Shelomo 1:91:25 regarding contemporary situations. In some situations, if the head of the family does not accompany the meis to the burial, then even the relatives who have stayed behind begin aveilus only after the burial. See Tosfos Moed Kattan 22a, Shulchan Aruch Y.D. 375:2</ref><br />
===Completion of Shiva===<br />
# On the seventh day of the mourning after the comforters leave the mourner can get up and that completes the shiva as part of the seventh day is considered like the whole day.<ref>Tur and Shulchan Aruch 395:1. The Tur 395 cites a dispute if we apply the principle of a part of the day counts like the full day at night. The Bet Yosef quotes the Ramban who holds that it does count but the Tosfot, Rosh, and Maharam hold it doesn't count. Shulchan Aruch follows the Maharam.</ref><br />
# If someone dies on Sunday and the shiva is completed on Shabbat, private aveilut is observed on Shabbat until after Shacharit Shabbat morning.<ref>Taz 402:5, Shach 402:4</ref><br />
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==Prohibitions for the Avel==<br />
# The avel is prohibited from working or leaving the house<br />
# washing/bathing/anointing<br />
# wearing shoes<br />
# tashmish hamitah<br />
# learning Torah<ref>Gemara Moed Katan 15a forbids learning Torah when one is a mourner based on the pasuk in Yechezkel 24:17. This is codified in Shulchan Aruch 384:1</ref><br />
# greeting others<ref>Gemara Moed Katan 15a forbids greeting others when one is a mourner based on the pasuk in Yechezkel 24:17. This is codified in Shulchan Aruch 385:1</ref><br />
# Today, the custom is not to turn over the beds or wrap one's head.<ref>Gemara Moed Katan 15a based on Yechezkel 24:17, Shulchan Aruch YD 386:1</ref> The custom is for a mourner to sleep in a bed and not the floor.<ref>Kitzur Shulchan Aruch 211:1, [http://www.hebrewbooks.org/pdfpager.aspx?sits=1&req=31174&st=%u05DC%u05D9%u05E9%u05DF Gesher Hachaim 1:20:10]</ref><br />
# laundering clothing and wearing freshly laundered clothing<ref>Gemara Moed Katan 15a based on Shmuel II 14:2, Shulchan Aruch YD 389:1</ref><br />
# haircutting and shaving<ref>Gemara Moed Katan 14b learned from the pasuk in Vayikra 10:6. This is codified in Shulchan Aruch YD 380:1</ref><br />
# other practices<br />
===Doing Business During Shiva===<br />
# It is forbidden for an avel to do work so that he is available to mourn properly and repent.<ref>Torat HaAdam (p. 170), Bach 380:3, Badei Hashulchan 380:10</ref> This prohibition includes doing business.<ref>Rambam (Avel 5:7) writes that just like doing work is forbidden so too doing business during aveilut is forbidden. The Nemukei Yosef (Moed Katan 13b) quotes one opinion as holding that it is permitted but that isn't accepted. Tur and Shulchan Aruch 380:3 follow the Rambam.</ref><br />
# Even if someone is very poor and needs to take tzedaka may not work during the first three days of aveilut. Afterwards, he can work in private. However, cursed are the neighbors of such a person that they didn't take care of him and made him work during aveilut.<ref>Gemara Moed Katan 21b establishes that it is forbidden for a person to work during aveilut even if they are so poor that they need tzedaka but after 3 days they can work in private. The Hagahot Maimoniyot 5:8 writes that after 3 days it is forbidden for anyone who isn't so poor that they need tzedaka. He quotes the Yerushalmi, Maharam, and Raavad who agree with this explanation unlike Rabbenu Shemaya. Tur and Shulchan Aruch 380:2 follow the Hagahot Maimoniyot. The Yerushalmi 3:5 adds that cursed are the neighbors who cursed him to work during aveilut. This is codified by Shulchan Aruch.</ref><br />
# If not doing a certain activity will cause a loss it is permitted to have others do the work for the avel. For example, if a person has a barrel of wine unsealed and it will spoil if he doesn't seal it, he can have someone else seal it for him.<ref>The Gemara Moed Katan 11b cites a dispute between Rav Shisha and Rav Ashi whether it is permitted for an avel to work during aveilut to avoid a loss. The Rif (Moed Katan 5a), Rosh (Moed Katan 2:1), and Rambam (Avel 5:10) all accept the opinion of Rav Shisha that it is forbidden. This is codified in Tur and Shulchan Aruch 380:4.</ref> If there is no one else available to do the work that is necessary to avoid the loss, according to Ashkenazim it is permitted after 3 days of aveilut or even within 3 days to avoid a large loss. However, Sephardim would forbid doing work by oneself even to avoid a loss and even if no one else is available.<ref>Rabban Gamliel (Moed Katan 11b) holds that it is permitted to do the work to avoid a loss if no one is available. The Tur 380:4 quotes the Rif and Rambam who don't hold like Rabban Gamliel, while the Ramban (p. 165) and Rosh (Avel 2:4) accept his opinion. The Shulchan Aruch 380:4 doesn't mention this leniency of Rabban Gamliel, while the Rama does, though he only applies it after 3 days or within 3 days if there's a large loss based on the Rabbenu Yerucham.</ref><br />
# If a person is in aveilut then his workers can't work either.<ref>Shulchan Aruch 380:5</ref><br />
# If a person is in aveilut some permit his wife to work out of the house, while others permit her only if she specifies that she is giving up her rights to having her husband provide for her sustenance for that week.<ref>Chazon Ovadia (Aveilut v. 2 p. 130) writes that just like the Aval Rabati (5:1 codified by Shulchan Aruch 380:4) writes that it is forbidden for children of an avel to work if the money goes to the avel so too it is forbidden for the wife of an avel to work since her salary goes to her husband. Bet Dovid YD 181 agrees that it is forbidden for a wife of the avel to work. However, Chazon Ovadia continues that the Rashba (Bet Yosef EH 95), Rabbenu Yerucham, and Ritva (Ketubot 59b) as holding that if a woman works outside her house which she isn't obligated to do she keeps her salary. If so, Rav Ovadia concludes, a wife who works out of the house can work during shiva of her husband. Rav Ovadia adds that it is better for her to say that she gives up her rights to sustenance from her husband which in exchange means that she can keep her own salary. Peni Baruch (p. 460) quotes Rav Shlomo Zalman Auerbach as saying that a wife or family members of the avel who wants to work can specify that their profits not go to the avel that week. </ref><br />
# It is permitted to write in non-professional script during shiva if there is a need.<ref>Rama 380:2, Chazon Ovadia (Aveilut v. 2 p. 137)</ref> However, a sofer may not write or fix a sefer torah unless the congregation needs him since there is no other kosher sefer torah and no other sofer available.<ref>Chazon Ovadia (Aveilut v. 2 p. 138) quoting Shaarim Hametzuyim Bhalacha 208:6</ref><br />
# It is permitted for an avel to sweep, cook, make the beds, and clean dishes during aveilut.<ref>Aval Rabati 11:9, Ramban (p. 173), Maharik 35:4, Mordechai (Moed Katan no. 929), Shulchan Aruch 380:22, Chazon Ovadia (Aveilut v. 2 p. 135)</ref><br />
# A doctor during aveilut can leave his house to help his patients.<ref>Chazon Ovadia (Aveilut v. 2 p. 145), Minchat Shlomo 2:96:1</ref><br />
# If a company has to pay its workers (contracted per month or year) even if the company closes it would be considered a loss if the company closed when the owner was in aveilut. Therefore, the workers can continue to work even if the owner is in aveilut.<ref>Aruch Hashulchan 380:6, Gesher Hachaim 1:21:2:2, Chazon Ovadia (Aveilut v. 2 p. 146). See Chazon Ovadia for his discussion of the opinion of the Chida who was strict and the proofs from others including the Nodeh Beyehuda that it is considered a loss.</ref><br />
# If a shochet is an avel and there is no other shochet available in the town he can work during aveilut since his activity is ochel nefesh.<ref>The Mordechai (Moed Katan no. 929) writes that cooking is permitted for an avel since it is permitted on Yom Tov. The Darkei Moseh 380:5 learns from the Mordechai that anything which is permitted on Yom Tov is permitted for an avel (which follows from the source of working during aveilut being that we compare aveilut and yom tov in Moed Katan 15b). Therefore, Rav Ovadia in Chazon Ovadia (Aveilut v. 2 p. 141) holds that it is permitted for a shochet to do shechita during aveilut if there's no one else available in town. He quotes that Rabbi Akiva Eiger (Drush Vchidush p. 107b) also said this. Gesher Hachaim 1:21:2:2 is also lenient. See, however, the Gilyon Maharsha 380:15 who quotes the Shvut Yakov 3:86 as holding that it is forbidden because of work and the Mahara Klosner who held that it is forbidden because he might not do a proper shechita because of his sorrow. </ref><br />
# If a person contracted someone for a specific job for a fixed cost and not paid for time, and then became an avel, that hired person can continue to work even though his employer is in aveilut. But he can only do the job outside the house of the mourner.<ref>Shulchan Aruch YD 380:18, Gesher Hachaim 1:21:2:5</ref><br />
# If a person rented a car to someone and then became an avel the renter can continue to use it but the owner can't rent it out again during shiva.<ref>Shulchan Aruch 380:15 quotes a dispute about the rented boat or animal of the mourner if the renter can rent it a second time when the owner is in aveilut. Chazon Ovadia (Aveilut v. 2 p. 151) follows the second opinion who is strict. However,<br />
from Shulchan Aruch YD 380:14 it is clear that it is permitted for the renter to finish up the rental period that started before the owner became an avel.</ref><br />
# The mourner may not work. He can get someone else to do his work for him.<ref>Rama YD 380:16. Even though the Shach 380:17 disagrees with the reasoning of the Levush for the Rama, Gesher Hachaim 1:21:2:4 follows the Levush. The Shach would only permit it if there is a loss to the employer. </ref><br />
====Partners====<br />
# If a partner in a company is an avel, the entire company has to close. The other partners who aren't in aveilut can work in their own houses in private unless it'll become known that the work is being done for the business at the time.<ref>Shulchan Aruch YD 380:21, Chazon Ovadia (Aveilut v. 2 p. 152). The Gesher Hachaim 1:21:2:7 writes that the minhag is to reopen the company after 3 days of aveilut. See Pitchei Teshuva 380:4 about a sale of the business to the other partners during shiva.</ref><br />
# If a partner in the company dies the partnership is undone and the other partner can work. This doesn't only apply if there are no inheritors of the deceased who will mourn him but even if the deceased has a child inheriting them and mourning them the other partner can work when the child is an avel since halachically the original partnership has been disbanded.<ref>Gesher Hachaim 1:21:2:10</ref><br />
# If before the relative dies a person sells the business to another person or to his partner then the business can stay open during aveilut. If the person already became an onen, in extenuating circumstances, he can sell the business to his partner or someone else during aninut.<ref>Chatom Sofer YD 2:324, Gesher Hachaim 1:21:2:14, Chazon Ovadia (Aveilut v. 1 p. 159)</ref><br />
<br />
===Bathing===<br />
# It is forbidden for a mourner to take a complete shower or bath whether it is hot or cold. It is permitted for the mourner to wash his hands, feet, and face with cold water<Ref>Shulchan Aruch YD 381:1</ref> but not hot or even lukewarm water.<ref>Chazon Ovadia (Aveilut v. 2 p. 158) quotes the Tiferet Moshe who writes that lukewarm is considered warm for this halacha.</ref><br />
# The Ashkenazic minhag is not to shower or bathe during shloshim unless one is doing so to remove dirt. Some permit taking a cold shower.<ref>Rama YD 381:1 writes that the Ashkenazic minhag is not to shower all of shloshim. The Taz 381:1 quotes the Maharshal who says that the reason for the minhag is because it was common to take a haircut together with bathing and since taking a haircut is forbidden during shloshim the minhag wasn't to bathe for all of shloshim. The Darkei Moshe 381:3 cites the Maharam who explains the minhag based on a similarity to bathing and laundering. The Shach 381:1 writes that bathing in cold isn't bathing. It isn't clear if the Shach is referring to a full body shower or just one's hands, feet, and face. The Dagul Mirvavah 381:1 writes that the Shach is only discussing hands, feet, and face. The Pitchei Teshuva 381:2 quotes the Teshuat Chen who says that for others it is okay to rule that a cold full body shower is permitted in shloshim. Badei Hashulchan 381:16 concludes that it is permitted to take a cold shower in shloshim because some are lenient and also it is very difficult not to shower for 30 days.</ref> Sephardim don't have this minhag.<ref>Chazon Ovadia (Aveilut v. 2 p. 164)</ref><br />
# If someone has two relatives pass away in succession and has to observe aveilut straight for longer than 7 days, after the first 7 days he may bathe immediately.<ref>Shulchan Aruch YD 381:4, Badei Hashulchan 381:34</ref><br />
# If someone will be in a lot of pain if he doesn't shower he may shower during shiva but not everyone is in this category.<ref>Shulchan Aruch YD 381:3</ref><br />
# It is forbidden for an avel to use soap or anoint oneself with oil except to remove dirt.<ref>Gesher Hachaim 1:21:3:2</ref><br />
# It is forbidden for a woman who is in shiva to go to the mikveh<ref>Shulchan Aruch 381:5</ref> and also a man who regularly goes to mikveh for davening may not go during shiva.<Ref>Chazon Ovadia (Aveilut v. 2 p. 159), Badei Hashulchan 381:18</ref> However, during shloshim, it is permitted for a niddah, for a man who regularly goes every day for davening or every week for Shabbat to go to the mikveh.<ref>Rama 381:5, Badei Hashulchan 381:18</ref><br />
# A woman may prepare herself for hefsek tahara before shiva nekiyim during shiva by washing that area and between her legs even with hot water.<ref>Even though the Rama 381:5 doesn't allow this washing to prepare for the hefsek tahara during shiva except during shloshim, the Shach 381:3 and Taz 381:2 quote the Masat Binyamin who allows washing that area and between her legs even with hot water during shiva. Badei Hashulchan 381:38 and Chazon Ovadia (Aveilut v. 2 p. 162) agree with the Masat Binyamin.</ref><br />
===Learning Torah and Getting Aliyot===<br />
# It is forbidden for a mourner in shiva to learn Torah including Tanach, Mishna, Gemara, Halacha, and Midrash.<ref>Shulchan Aruch YD 384:1</ref> However, it is permitted to learn by himself Iyov, Kinot, the sad parts of Yirmiyahu, and the laws of mourning.<ref>Shulchan Aruch YD 384:4</ref><br />
# If many people need the mourner to give a shiur it is permissible for him to teach Torah during shiva. The Ashkenazic minhag is not to give a shiur to one's students.<ref>Shulchan Aruch YD 384:1 and Rama</ref><br />
# It is forbidden for an to get an aliyah even if he's the only kohen in the shul.<ref>Shulchan Aruch YD 384:2</ref><br />
# The Sephardic minhag is that the mourner during shiva specifically isn't the shaliach tzibur.<ref>Shulchan Aruch YD 384:3</ref><br />
# A child who is in mourning shouldn't be held up from his learning during shiva because there is no chinuch on Aveilut.<ref>Shulchan Aruch YD 384:5, Shach 384:5</ref><br />
===Leaving the House===<br />
# During shiva it is forbidden for the mourner to leave the house even to go to shul during the week<ref>Although the Mahari Geyitz (cited by Tur 393:3) held that a mourner can leave his house to go to shul each day, the Raavad and Ramban (p. 217, cited by Bet Yosef 393:3) dispute his opinion. The Shulchan Aruch 393:4 follows the Ramban. Yet, he adds that the Sephardic minhag was to leave the house for kriyat hatorah on Monday and Thursday. Pitchei Teshuva 393:2 cites a dispute between the Chaye Adam (Mesevet Moshe 8) and Magen Avraham 696:8 whether the mourner can leave his house if there won't be a minyan at the shiva house in order to participate in kaddish and kedusha.</ref>, to visit another mourner, or visit the cemetery.<ref>Moed Katan 21b, Tur and Shulchan Aruch 393:1</ref> The reason for this prohibition is that chazal wanted a mourner not to be distracted from the mourning especially with the company of others.<ref>Trumat Hadeshen (responsa 290)</ref><br />
# If a mourner needs to leave his house he can do so at night when people aren't around.<ref>Trumat Hadeshen (responsa 290), Rama 393:2</ref><br />
# Even to perform a mitzvah such as attending a milah or wedding an avel may not leave his house during shiva.<ref>The Rosh (responsa 27:2, cited by Bet Yosef 393:2) writes that even though a mourner is obligated in all of the mitzvot, that only includes mitizvot he can do on his own like tzitzit and tefillin. However, attending a wedding or milah as a chesed that isn't a cause for him to leave the house. The Tur and Shulchan Aruch 393:2 follow the Rosh in opposition to the Nemukei Yosef (Moed Katan 13b s.v. bmakom) who allows leaving the house for a mitzvah purpose.</ref><br />
# It is permissible after 3 days to visit another mourner's house and sit on the side of the mourners.<ref>Moed Katan 21b, Shulchan Aruch YD 393:1</ref> The Ashkenazic minhag is not to leave the house to visit another mourner.<Ref>Rama YD 393:1 writes that the minhag isn't to visit another mourner's house during shiva since we can't comfort mourners as they used to it is better to be passive and not leave the house.</ref> Similarly, it is permissible for the mourner after 3 days to go to the cemetery for another person's funeral and he stands together with the mourners.<ref>Tur and Shulchan Aruch 393:1, Mordechai (Moed Katan no. 895)</ref><br />
# A mourner within 3 days of the death who is the only mohel available can he leave his house to do a milah. He should first daven at home and at the time of the milah he should go to the shul. However, if it is possible to get another mohel it is forbidden.<ref>Hagahot Ashuri (Moed Katan 3:37). Rama 393:3 quotes the Hagahot Ashuri and the Bet Yosef. However, the Shach 393:6 wonders why the Rama even quoted the Bet Yosef.</ref> who only According to Sephardim it is permitted to be the mohel even if another mohel is available.<ref>Bet Yosef 393:3 writes that since the minhag was to go to shul for kriyat hatorah on Monday and Thursday then certainly to be the mohel it is permitted to leave the house.</ref><br />
# If the mourner needs to leave the house for a major need such as to prevent a major loss or the government needs him it permissible for him to leave the house.<ref>Tosfot (Moed Katan 29a s.v. im), Mordechai (Avel no. 896), Rama 393:2</ref><br />
===Laundry===<br />
# There is a minhag to wear black clothing during the year of aveilut for a parent.<ref>The Maharitz Gayitz (cited by Bet Yosef 345:6) writes that the minhag is that mourners wear black. Rosh (Moed Katan no. 94) and Rambam (Torat Haadam p. 85) agree.</ref> In Israel it isn't the minhag.<ref>Chazon Ovadia (Aveilut v. 3, p. 60). He cites the Radvaz 4:62 who writes the minhag of Egypt was not to wear black.</ref> On Shabbat one should change his clothing to nice non-black clothing.<ref>Ben Ish Chai (Shana Sheniya, Lech Lecha no. 18)</ref><br />
<br />
==Tefillin for a Mourner==<br />
# On the first day of Shiva, if the burial is on the same day as the passing, an Avel may not wear Tefillin, as the first day is most bitter.<ref><br />
'''The Basics''' <br /><br />
The Gemara (Berachot 11a and 16b, Succah 25a, Moed Kattan 15a, and Ketubot 6b) learns from the fact that Hashem told Yechezkel to put on his Tefillin while mourning for his wife that a regular Avel may not do so. <br /><br />
<br />
Elsewhere (Moed Kattan 21a), the Gemara presents two Machalokot between R' Eliezer and R' Yehoshua. In the first, R' Eliezer holds an Avel is prohibited from wearing Tefillin (Hanacha) until the third day, and R' Yehoshua holds until the second day. Additionally, R' Yehoshua holds that, if the Avel put on Tefillin on the days he's permitted to, if Panim Chadashot (people who have not yet been Menachem him) come to visit, he must take them off (Choletz). R' Eliezer, on the hand, holds that he does not need to (Eino Choletz). The Amoraim debate the final Halacha and conclude that the Halacha follows R' Yehoshua regarding Hanacha and R' Eliezer with respect to Chalitzah, once the Avel puts them on on the second day.<br /><br />
'''Miktzat HaYom KeKulo and the Rishonim'''<br /><br />
Seemingly, the Gemara is employing the Halachic mechanism of Miktzat HaYom KeKulo in allowing him to put on Tefillin only from some point on the second day. See the exact text of the Gemara and Rashi for a clearer picture.<br /><br />
In codifying this Halacha, the Rif and Rambam (Hilchot Avel 4:9) only write that an Avel may not wear Tefillin on the first day and seem to make no mention of the second day. In fact, the Rambam's use of the words "ביום הראשון בלבד" seem to clearly indicate that he understood the Gemara in its most minimal sense.<br /><br />
The Rosh (Moed Kattan 3:23) begins unsure if the Rif implies the Miktzat HaYom is implemented from Netz or from after davening. He concludes that the Miktzat HaYom is fulfilled from Netz.<br /><br />
The Ramban (Torat HaAdam, Shaar HaAvel, Inyan HaAvelut 67) quotes the Raavad who holds that the Miktzat HaYom is only completed from after Shacharit. He also picks up on the lack of a second day in the Rif and explains that it must be the Rif held the Mikzat HaYom was fulfilled with the preceding night, making the entire second day appropriate for putting on Tefillin. He also quotes the Yerushalmi, which makes no indication that there should be a Miktzat HaYom in the first place. See also Rosh ibid 3:3.<br /><br />
Regarding the need for a Miktzat HaYom in the first place, Tosafot (ibid) says it's a din MiDeRabbanan, and the Ramban (ibid) quotes the Raavad that it's lehashlim the Aveilut.<br /><br />
The Tur (OC 38:5) quotes just the language of the Rif. The Beit Yosef extrapolates from the Rosh that, even though Laylah is Zeman Tefillin, since it's Assur to wear them at night, one needs a Miktzat HaYom during the day itself to be able to wear them. The Ran (Succah, on the Rif 11b), who quotes the Ramban above, on the other hand, must hold that even though Laylah is not Zeman Tefillin, it still counts for Miktzat HaYom, since the Avel is still prohibited from wearing them. See Rambam Hilchot Tefillin 4:10.<br/><br />
In Yoreh Deah (388), the Tur paskens the Gemara as explained above and then says how Yesh Omrim the Miktzat HaYom is from after davening, and the Rif and Rosh paskened from Netz (see Bach). Here, the Beit Yosef is very terse and seems to even equate the Rosh with the Rambam (see Ohr Letzion vol. 1 OC Siman 6, as this could be an additional proof to his thesis).<br /><br />
The Shulchan Aruch in Yoreh Deah paskens like the Rosh that the Miktzat HaYom is from Netz, as does the Ben Ish Chai (Shana Aleph, Chayeh Sarah 12).<br />
</ref><br />
# If the burial is not on the day of passing, as is very common nowadays, many Poskim hold that the mourner is, in fact, obligated to put on Tefillin, while others firmly believe that he is still forbidden from doing so. According to those who hold one should wear them, one should do so in a closed room without a Beracha.<ref>The Maharitatz (Chiddushim on Eizehu Neshech), quoted by Be'er Heitev (OC 38:5) and Pitchei Teshuvah (YD 388:2) holds that the reason why the Avel is not allowed to wear Tefillin on the first day is because it's Biblical, which is only when the burial and passing are on the same day. Therefore, when the burial takes place the next day and Avelut is subsequently rabbinic, the Avel is in fact obligated in Tefillin. The Taz (OC 38:3), Dagul Mervava, Birkei Yosef, and Mishnah Brurah disagree and hold that the mourner is exempt from Tefillin the first day. <br />
* The Acharonim have have a field day taking sides for or against the Maharitatz in this Machloket, the true scope of which is most suited for a Teshuva in Yabia Omer (vol. 2 YD Siman 27).<br />
* Among recent Achronim, the Ben Ish Chai (Shana Aleph, Chayeh Sarah 12; Od Yosef Chai, Vayera 11, 12, 45), Kaf HaChaim (OC 38:16), and Ohr Letzion (vol. 1, OC Siman 6) pasken against the Maharitatz. At the same time, due to the great number of Acharonim who do pasken like the Maharitatz (including R' Yitzchak Elchanan and the Chazon Ish, see Yabia Omer ibid for the full list), Rav Shlomo Zalman Auerbach (Halichot Shlomo: Tefillah, Perek 18, 5), Rav Ovadia Yosef (Yabia Omer ibid), and the Piskei Teshuvot (38, Seif Kattan 6) pasken that one should wear them privately without a Beracha. See Magen Avot (Lebhar, Yoreh Deah volume, Siman 388) where he brings the Moroccan Minhag not like the Maharitatz and claims the rest of the world holds that way, as well.</ref> Among Sephardim the dispute is unresolved,<ref>See above note. Ben Ish Chai (Shana Aleph, Chayeh Sarah 12; Od Yosef Chai, Vayera 11, 12, 45), Kaf HaChaim (OC 38:16), and Ohr Letzion (vol. 1, OC Siman 6) hold that the mourner is exempt the first day either way, while Yabia Omer YD 2:27 holds that they are obligated if the day of the death wasn't the same as the day of the burial.</ref> while among Ashkenazim most assume that the mourner is exempt the first day of mourning even in this case.<ref>See above note. Mishna Brurah 38:16. [https://www.yutorah.org/lectures/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)] writes that Ashkenazim follow the opinion that Avelut is derabbanan therefore, they are exempt on the first day either way.</ref> <br />
# The Minhag is to wear Rabbeinu Tam Tefillin during Avelut.<ref>The Chidah (Birkei Yosef) paskened that one shouldn't wear Rabbeinu Tam Tefillin, as it's a Machaloket HaMekubalim and Shev ve'al Ta'aseh Adif. The Ben Ish Chai (ibid and Od Yosef Chai Vayera 11, 12, 45) claims that the Minhag in Yerushalayim and Baghdad was like the Rashash to wear Rabbeinu Tam Tefillin, so he disagrees with the Chidah. This is also the opinion of the Kaf HaChaim (OC 38:21), who says that, among other considerations, based on the Siddur HaChidah and the fact that we wear them beTorat Chiyuv, the Avel should wear them. HaRav David Yosef (Halacha Brurahh 38:5:13) also paskens this way.</ref><br />
# On the second day of Avelut a person should not to put on tefillin until after [[Netz Hachama]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)]</ref><br />
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==Aveilus on Shabbat and Yom Tov==<br />
# For details see the [[Aveilut_on_Shabbat]] and [[Aveilut_on_Yom_Tov]] pages.<br />
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==Behavior towards Visitors==<br />
# A mourner does not have to stand up for his/her guests, even if the guest is a Talmid Chacham or person of high stature.<ref>Moed Kattan 27b, Rama Yoreh Deah 376:1.</ref> However, if the mourner did stand, one need not tell him to sit, and doing so is considered a bad omen.<ref>Shulchan Aruch YD 376:2, Kitzur Shulchan Aruch 207:2</ref> <br />
# The avel should stand for a Sefer Torah.<ref>Sh"t Rivevos Efraim 7:230 quotes Rabbi Shlomo Zalman Auerbach is quoted as saying that even a mourner must stand for a sefer Torah if it passes by, although the Rivevos Efraim himself appears to be uncertain. Chazon Ovadia (Aveilut v. 3 p. 74) agreed with Rav Shlomo Zalman.</ref><br />
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==At the Beis Ha'Avel (or "Shiva House")==<br />
See the [[Practices_in_the_Mourner%27s_House]] page.<br />
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==If a Relative Missed Mourning during Shiva==<br />
# If someone didn't mourn during shiva intentionally or unintentionally he has to make it up and mourn within thirty days of the death.<ref>The Ramban (p. 216, cited by Bet Yosef 396:1) quotes a Raavad who says that if a person didn't mourn when he was supposed to he has to make it up within thirty days since it is a mitzvah and he didn't fulfill it yet. Shulchan Aruch 396:1 codifies the Raavad.</ref><br />
# If someone didn't tear keriya he can make it up during shiva but not afterwards. For a parent if someone didn't tear keriya within shiva he can even tear afterwards.<ref>Shulchan Aruch YD 340:18, 396:1</ref><br />
# If a person didn't mourn on the first few days but did mourn afterwards, even the beginning days count towards the shiva.<ref>Shulchan Aruch YD 396:2</ref><br />
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==Chinuch for Mourning==<br />
# If a child's relative died the child doesn't need to observe aveilut as there is no chinuch for aveilut.<ref>Shulchan Aruch 396:3, Dagul Mirvavah 340. See Taz 340:15 who quotes Derisha as arguing that there's chinuch on aveilut.</ref><br />
# If a child's relative died and the child becomes bar mitzvah'ed within shiva or within shloshim, the child is exempt from mourning altogether.<ref><br />
* The Maharam (cited by Rosh Moed Katan 3:96) held that once the child becomes bar mitzvah'ed he begins to observe aveilut from that time. His proof is Chullin 87a that if dirt covered blood that was supposed to be covered and then was uncovered he is obligated to cover the blood since a pushed off mitzvah isn't considered completely lost. So too, a child who didn't have to observe aveilut is exempt while he is a minor but once he becomes an adult he is obligated to mourn and a delayed mitzvah isn't completely lost. <br />
* However, the Rosh (Moed Katan 3:96) argued with his teacher; he said that in the case of the blood, the mitzvah wasn't delayed, there was just an obstacle in the way and once the obstacle was removed the mitzvah is in place. However, a child is exempt from aveilut and fulfilling aveilut at a later time is considered a makeup of the original aveilut. Since he was exempt from the original aveilut he is also exempt from the makeup. His proof is from the gemara Chagiga 9a that a child who became bar mitzvah'ed between Pesach and Pesach Sheni he isn't obligated in Pesach Sheni since he was exempt from the original Pesach according to the opinion that Pesach Sheni is a makeup of Pesach.<br />
* The Taz 396:2 has a third approach. He says that once aveilut was pushed off it is completely pushed off altogether. His proof is from Sanhedrin 47b that the relatives of a person who was killed by Bet Din don't have aveilut. The gemara asks but doesn't have kapara after he is buried and the body is affected by the burial. The second answer of the gemara is that once the aveilut wasn't fit to begin when he was buried, it can't didn't set in afterwards either. <br />
* The Shulchan Aruch 396:3 follows the opinion of the Rosh, while the Bach 396:2 follows the opinion of the Maharam. The Taz accepts Shulchan Aruch for his own reason, and the Nekudat Hakesef argues with the Taz's proof. The Nekudat Hakesef's distinction is that when the person wasn't fit to be mourned over then the entire aveilut is totally pushed off, however, if there was aveilut but just the relative was exempt at the time then the aveilut can set it afterwards. </ref><br />
==Mourning for Two Relatives Simultaneously==<br />
# If someone had two relatives who passed away he can observe aveilut for both of them at the same time. If they passed away with some separation he starts the second aveilut continues until it would have regularly finished just like if there would not been the first aveilut.<ref>Shulchan Aruch YD 402:9</ref> <br />
==Informing Someone of Bad News==<br />
# It is improper to be the bearer of bad news and as such there is no obligation to tell someone about his relative's death. However, if he is asked if someone died he can say someone ambiguous but he can't lie.<ref>Shulchan Aruch YD 402:12, Taz 402:8</ref> The Ashkenazic minhag is to inform the sons of the deceased so that they can say kaddish for their father.<ref>Rama YD 402:12</ref><br />
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==Sources==<br />
<references/><br />
[[Category:Mourning]]</div>YitzchakSultanhttps://halachipedia.com/index.php?title=Motzei_Matzah&diff=25503Motzei Matzah2020-04-07T15:32:57Z<p>YitzchakSultan: /* Egg Matzah */</p>
<hr />
<div>[[File:Matzah.jpg|thumb|right|''Three handmade Matzahs'' ]]<br />
==How to make the Brachot==<br />
# One should take the Matzahs, the whole one on bottom, the broken one in middle, and another whole one on top, and make the Bracha of [[HaMotzei]]. Then one should drop the bottom [[matzah]] which is whole and make the Bracha of Al Achilat [[Matzah]]. <Ref>S”A 475:1, Mishna Brurah 475:2. Mishna Brurah (475:2) explains that the reason we take three matzot for hamotzei is because we are trying to satisfy two different approaches. The two whole matzot serve as lechem mishneh, the requirement of having two whole loaves of bread on Shabbat or Yom Tov. The third matzah, or the broken piece of matzah, represents the poor man who does not have a complete piece of matzah. In developing this further, the Shulchan Arukh HaRav (475:4-5) explains that for al akhilat matzah one should place the bottom matzah down since al akhilat matzah applies to the top matzah or the middle broken piece.</ref><br />
# Then one should break off a piece from the top and middle Matzahs to have a [[Kezayit]] from each. <ref>S”A 475:1. Mishna Brurah (475:9) explains that one needs to eat a k'zayit from both the whole matzah as well as the broken one because some argue that the berakhah of al akhilat matzah applies to each of these matzot. Accordingly, Rav Shlomo Zalman Auerbach (Halichot Shlomoh ch. 9, n. 40) writes that if the three matzot that the head of the household is using does not suffice for everyone to have two kezaytim, each person should just have a piece from the top matzah and then supplement it by eating other available matzah up to the necessary k'zayit. He explained that according to Mishna Brurah, if one isn’t eating from the head of the household’s matzot, there exists no doubt as to which matzah the berakhah of al akhilat matzah applies. Alternatively, Rav Hershel Schachter (Eretz HaTzvi p. 40-1) explains that the reason to require two kezaytim of matzah is to satisfy a) the mitzvah of matzah, b) the mitzvah of seudat yom tov. </ref> The best way to do that is to eat both pieces simultaneously. If one is not able to eat both together, one should eat the piece from the top [[Matza]] first <ref>S”A HaRav 475:6-7 </ref><br />
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<br />
==Leaning while eating the Matzah==<br />
# The [[matzah]] should be eaten while leaning. <Ref>S”A 475:1 </ref><br />
==Dipping the Matzah in salt==<br />
# The Sephardic minhag is to dip the [[matzah]] in salt and the Ashkenazic minhag is not to dip the [[matzah]] in salt. <Ref>S”A and Rama 475:1, Mishna Brurah 475:4 explains that Ashkenazim don’t dip the [[matzah]] in salt so that the [[matzah]] can be seen as poor man’s bread.</ref><br />
==Measuring a Kezayit==<br />
# Most permit measuring the required amounts for the Mitzvah of eating [[Matzah]]. <Ref>Shemirat [[Shabbat]] KeHilchata 29:40 (also in Halichot Shlomo 9:7), Petach Dvir 306:7 </ref>Some are strict to require one to measure before [[Shabbat]]. <ref>Natai Gavriel (vol 2, 90:30) quoting S”A HaRav </ref><br />
==How much Matzah should one have?==<br />
# See the [[Required Amount of Matzah and Wine for the Seder]] page. <br />
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==For someone who is unable==<br />
# For someone who can't eat the appropriate amount of [[Matzah]] according to Ashkenazim, should have at least 17 cc (which is 9 rows on a machine [[matzah]]). <ref> Halichot Shlomo (pg 214 note 55) </ref><br />
# For someone who it’s difficult to eat that much [[Matzah]] one may dip the [[matzah]] in water for a second and then eat it. <Ref>Halichot Shlomo (pg 282 note 274), Chaye Adam 129:2 </ref><br />
# Matzah soaked in water is fit to exempt one's obligation after the fact. Some say that if the matzah is soaked any liquid other than water it is invalid for matzah mitzvah, while others disagree.<ref>Magen Avraham 461:7 writes that if the matzah was soaked in any juice or tasty liquid it would invalidate the matzah since it would give it a taste and the matzah needs to taste like matzah (Brachot 38b). However, Rav Chaim Soloveitchik in his notes on Pesachim 41a disagreed. He held that if the matzah had a taste it is still considered matzah mitzvah as long as it wasn't cooked. Nonetheless, in order to have the taste of the matzah linger in one's mouth at the end of the night one would need to eat a bit of non-soaked matzah afterwards.</ref><br />
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==How to eat it==<br />
# Since our Matzahs are thin and hard to eat 2 Kezayitim in [[Kedi Achilat Pras]] one should eat then one after another. <Ref>Halichot Shlomo 9:41 </ref><br />
==Ownership over the Matzah==<br />
# The minhag is that one doesn’t need to acquire the Matzahs from the homeowner, however, the pious maintain this practice. <Ref>Halichot Shlomo 9:4 </ref><br />
==Soft Matzahs==<br />
# Some say that even for Ashkenazim it's permissible to have soft Matzahs and for those that it's difficult to eat hard [[matzah]] it's preferable to eat Soft [[Matzah]]. <ref> Rav Hershel Schachter [http://www.yutorah.org/lectures/lecture.cfm/759938/Rabbi_Hershel_Schachter/Laws_and_Customs_of_Pesach YUTorah.org] between minutes 58 and 66. Rav Shlomo Zalman Auerbach in Halichot Shlomo 9:80 says although in the past ashkenazim may have eaten it there is no tradition anymore to permit it. Rav Asher Weiss at the end of the Minchat Asher Haggada siman 15 writes that really it is permissible but there may be some concern that since we aren't experts in making them soft it may become chametz. </ref><br />
<br />
==Machine Matzah==<br />
# Many poskim permit eating machine [[matzah]] to fulfill the mitzvah of eating [[Matzah]] at the seders, if the [[matzah]] was made with intent to be used for the mitzvah of [[Matzah]]. <ref> Rav Schachter on [http://www.ou.org/torah/article/oukosher_pre-pesach_webcast_5770 OU Pre-Pesach Webcast 5770] between minutes 75:15 and 81:00. In a shiur on [http://www.yutorah.org/lectures/lecture.cfm/774103/Rabbi_Hershel_Schachter/Innovation_and_Halakha:_Machine_vs._Hand_Shmurah_Matzah yutorah.org], Rav Schachter discussed the issues of Machine [[Matzah]] at length. The major issue was whether the pressing of the button to start the machine is considered enough of an action of a person to consider the [[matzah]] to be baked lishma. He concluded that it many poskim consider it to be acceptable Shemurah [[Matzah]]. He also quotes Rav Soloveitchik saying that he found machine matzot to be preferable for the mitzvah of eating [[matzah]] at the [[seder]]. Bikvei Hatzoan he shows this point from the Gra YD 3. (See Maharsham 2:16 who quotes those who are lenient.) Haggadah of the Roshei Yeshivah (pg 2) records the practice of Rav Isser Zalman Meltzer to eat machine [[matzah]] for the [[seder]]. See Hakira v. 25 p. 31 fnt. 57 quotes that Rav Moshe Soloveitchik held that machine matzah was as good if not better than hand made matzah and he would give it to his children for the seder, though he himself had hand made matzah for the seder. He explained that there's no minhag to eat hand made matzah since you can't have a minhag that isn't based on any halachic factor.</ref><br />
# There’s no difference in preference in having whole wheat or white flour [[matzah]]. <Ref> Rav Schachter on [http://www.ou.org/torah/article/oukosher_pre-pesach_webcast_5771 OU Pre-Pesach Webcast 5771] between minutes 101 and 101:30 </ref><br />
# Sephardim hold that one should have hand baked matzah for the seder.<Ref>Yacheve Daat 1:14 writes that since it is a major dispute if the Jew who presses the button to bake the matzot is considered lishma one should avoid the question for the mitzvah deoritta of matzah. Yalkut Yosef 475:32 concurs. See Yabia Omer YD 4:20:9 who references this idea as well. With respect to the concern that a crumb of chametz was mixed into the machine matzah's, Yachava Daat 1:14 writes that they would be nullified and remain nullified on Pesach. Yalkut Yosef (Pesach 5771 447:11) agrees.</ref><br />
# One should certainly buy matzot baked before Pesach and not on Pesach itself.<ref>Tur end of OC 458 writes that one should bake one's matzot before pesach in case there's any crumbs of chametz mixed in they would be nullified and permitted on Pesach. He is in line with his own opinion in Tur OC 447 that once chametz is nullified in food before pesach it remains nullified. Yabia Omer O.C. 2:23 applies this to machine matzot that might have a crumb of chametz mixed in but was nullified before pesach. He shows that the minhag is like the opinion of Shulchan Aruch that there's no chozer vneer by chametz before pesach.</ref><br />
<br />
==Egg Matzah==<br />
# One does not fulfill one's mitzvah of the night of the seder with egg matzah.<ref>Shulchan Aruch O.C. 462:1. See Rambam Chametz Umatza 6:6</ref><br />
# According to Ashkenazim one should not eat egg [[matzah]] on [[Pesach]] unless one is ill or weak. However, according to Sephardim it's permissible to eat but one can not eat it for the mitzvah of [[Matzah]] at [[the Seder]], however it's praiseworthy to avoid it. <ref> [http://www.dailyhalacha.com/Display.asp?ClipID=2121 Daily Halacha by Rabbi Mansour]. Kitzur Shulchan Aruch 117:6 writes that the elderly and sick may eat [[Matzah]] Ashirah which is made from fruit juice, eggs, milk, or wine as long as no water was added. However, if there's not such a great need one shouldn't bake [[Matzah]] Ashirah. </ref><br />
<br />
==Sources==<br />
<references/><br />
[[Category:Holidays]]<br />
[[Category:Pesach]]<br />
[[Category:Seder]]</div>YitzchakSultanhttps://halachipedia.com/index.php?title=Halachot_Related_to_Coronavirus/COVID-19_Pandemic&diff=25502Halachot Related to Coronavirus/COVID-19 Pandemic2020-04-07T15:31:49Z<p>YitzchakSultan: /* Doctors Working in the Hospital */</p>
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<div>[[Image:3D medical animation corona virus.jpg|right|300px]]<br />
All rabbinim agree that one should be cautious with all the health guidelines and social distancing<ref>[https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 34)] interestingly describes the sources in general about the Jewish view on handshaking and whether it is a [[Chukot Hagoyim]]. The poskim hold that in it isn't however, at this time it is forbidden because of the health concerns.</ref> set up by the government and other local institutions in order to stay safe and help prevent getting others sick.<ref>[https://www.torahanytime.com/#/lectures?v=104843 Rav Yitzchak Yosef], [http://www.torahweb.org/torah/docs/rsch/RavSchachter-with-doctors_Mar-15-2020.pdf Rav Hershel Schachter], Rav Asher Weiss (Teleconference March 22 2020), [https://www.ou.org/covid19/ OU (March 20 2020)], [https://www.torahanytime.com/#/lectures?v=106099 Rav Shmuel Fuerst (min 53)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal], [https://www.jpost.com/israel-news/leader-of-ultra-orthodox-world-calls-for-lone-prayer-due-to-coronavirus-622805 Rav Chaim Kanievsky], [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Shlomo Aviner (Keter Yitnu Lecha p. 34)], and RCBC letters. An article on [https://www.kikar.co.il/abroad/354170.html kikar.co.il] describes how the gedolim are currently davening privately including: the Gerre rebbe, Rav Shalom Kohen, Rav Gershon Edelstein, Rav Moshe Shternbuch, Rav Yitzchak Yosef, Sanser Rebbe, Rav Bakshi Doron, Rav Dovid Yosef, Bavian Rebbe, and Rav Sheiner.<br />
<br />
*Endangering Oneself to Learn Torah: Ketubot 77b records and praises the practice of Reish Lakish to teach Torah to those ill with tzarat, some translate as leprosy, even though it is contagious. The gemara explained that he did so out of his love for Torah. Daf Al Hadaf cites Mishnat Pikuach Nefesh 69:7 who asks how Reish Lakish could endanger himself and rely on a miracle. He answers that the disease he was concerned with was only dangerous to health but not life threatening.</ref> Coronavirus, as it causes a serious health threat to some people, inhibits any social gatherings and semachot, and has severely damaged the economy and livelihood of certain people, poses a serious challenge to everyone. We all need to daven and take advantage of the circumstances in order to best serve Hashem. As a thoughtful Jew, it is incumbent upon a person to take to heart some important lessons of life and re-strengthen himself in his commitments. <ref>Rambam Taniyot 1:1-3, [https://www.torahanytime.com/#/lectures?a=105844 Rav Reuven Epstein] emphasizes that we need to take a lesson from corona since it overtly a hardship for Jews and humanity and a sign from Hashem. [https://www.yutorah.org/lectures/lecture.cfm/949185/rabbi-menachem-penner/shema-everything-is-from-hashem/ Rabbi Penner] discussed how we can revitalize our strength in mitzvot at this time based on better appreciating the lessons of Shema. Rav Asher Weiss (Teleconference March 22, 2020) introduced his shiur by discussing how we can strengthen our commitment to [[Ben Adam Lchavero]]. [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha)] wrote many lengthy pieces on the hashkafic questions related to COVID19.</ref> Additionally, on a practical level, COVID19 has many implications for people, and below is a small collection of the relevant halachot.<br />
<br />
==[[Tefillah]]==<br />
When davening at home one should be cognizant of the following ideas:<br />
<br />
#The best time to pray is Netz. According to many poskim this is equivalent to praying with a minyan.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz], Laws of Praying Beyachid (Adar 5780) by Rabbi Yonatan Nacson p. 1 citing Yalkut Yosef 89:1</ref><br />
#A person should daven in a [[makom kavuah]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] and [https://www.star-k.org/videos.php Rabbi Moshe Heinemann around minutes 5-7]</ref><br />
#A person should daven in front of a wall so that there's no distractions in front of him.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]</ref><br />
#A person can and should daven near a window that serves as a means of being inspired to look towards heaven.<ref>Shulchan Aruch 90:4 writes that there should be windows in a place where one davens. [https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] suggested that the same should be done for when we daven at home to daven in a place where there is a window.</ref><br />
#A person can daven [[Shemona Esrei]] aloud if it helps his kavana. It also serves as a role model for children.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]</ref><br />
#A person shouldn't daven in a room that is usually used for frivolity.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]</ref><br />
#A person shouldn't daven in front of an open bathroom.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]</ref><br />
#At a time of a plague such as our times it is advisable to say [[ketoret]] which has the power to end a plague.<ref>Laws of Praying Beyachid by Rabbi Nacson p. 2, [https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] citing Rabbi Akiva Eiger teshuva 71</ref><br />
#According to some, at this time a person should recite Avinu Malkenu in [[Shacharit]] and [[Mincha]],<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] quoting Rav Schachter</ref> while others emphasize how one must focus on Teshuvah and reciting all parts of the regular seder haTefillah first.<ref>[https://www.torahanytime.com/#/lectures?v=104864 Rav Bention Mutzafi (55:10)]</ref> Avinu Malkenu should not be recited during [[Nissan]].<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal] stated that one should not recite Avinu Malkenu during Nissan. See Divrei Yatziv OC 75 for different minhagim about saying Avinu Malkenu during Nissan. See discussion page.</ref><br />
#Eating a meal before davening when the time comes to daven a certain tefillah should be avoided since generally we are lenient about this since we go to established minyanim but for when that isn't possible we should be more strict about this.<ref>Mishna Shabbat 9b, [https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]. [https://www.star-k.org/videos.php Rabbi Moshe Heinemann] around minutes 5-7 says that if one sets an alarm, that should be sufficient</ref> See details here about [[Eating before Davening| eating]] and [[Other Activities before Davening| doing activities before davening]].<br />
#When davening as a family, in a temporary fashion, some hold that it isn't necessary to have a [[mechitza]] and the men and women can simply daven on different sides of the room.<ref>Igrot Moshe 5:12:1 writes that regarding a Shabbos Sheva Brachos since it is just the family and it is a temporary situation no mechitza is necessary.</ref> See [[Mechitza]] for more details.<br />
#A person shouldn't forget to recite [[Birkat Halevana]] by themselves when they see the moon. It can be said from indoors. See [[Birkat Halevana]] page for details.<br />
<br />
===Parts of Davening to Skip===<br />
<br />
#On Friday night an individual doesn't recite [[Shabbat_Davenings#Me.27ayn_Sheva |Magen Avot]] after Shemona Esrei of Maariv.<ref>Laws of Praying Beyachid p. 10 citing Shulchan Aruch O.C. 268:8</ref> However, one should recite Vayechulu.<ref>[https://vimeo.com/399141271 Rabbi Moshe Heinemann] at around 24:45. At around 34 minutes, he clarifies that this can be done even by yourself, though normally we try to say it with at least two </ref><br />
#One doesn't recite [[Baruch Shemey]] when praying by oneself since it is part of the activity of removing the Sefer Torah.<ref>Mishna Brurah 134:13</ref><br />
<br />
==Minyan via Porches or Technology==<br />
<br />
#It is forbidden to have a minyan in person whether it is in a shul, shteibel, home, or backyard.<ref>[https://www.ou.org/covid19/ OU]. [https://www.yutorah.org/lectures/lecture.cfm/950656/rabbi-hershel-schachter/piskei-corona-14-forming-a-minyan-outside/ Rav Schachter (Piskei Corona #14)] writes that a person shouldn't try to make a minyan on his lawn spread out even if there's a small remote chance of spreading the virus. He also held that making a minyan with ten people standing on different balconies or porches doesn't count as a minyan. [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)] writes that certainly a person should not attend a minyan because of the danger and one may not rely on the zechut of a minyan to protect him, one needs to be safe. </ref><br />
#If there ten people standing on their own porches and can see one another, some say that one can not create a minyan in such a manner, while others hold that one can.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950656/rabbi-hershel-schachter/piskei-corona-14-forming-a-minyan-outside/ Rav Schachter (Piskei Corona #14)] holds that it isn't a valid minyan. However, Rav Shternbuch (teshuva Nissan 8 5780) held that it is a valid minyan. To satisfy all the opinions the shaliach tzibur should have in mind that when he does chazarat hashatz that he could be praying a voluntary tefillah. They can't join if they're across the street and within ten tefachim of the ground. The shaliach tzibur needs to be able to see everyone. For kriyat hatorah that is done with porches initially one should call up the baal koreh or anyone on his porch, then one can even call up to an aliya someone on another porch as long as he can hear the baal koreh. The kohanim should leave before retzah because they can't say birkat kohanim. Someone davening alone doesn't have to hear kriyat hatorah since it is an obligation of the community and not individual. Rav Asher Weiss (Teleconference with Aguda, April 2 2020) was also inclined to hold that it is possible to make a minyan with people on porches who can see each other.<br />
<br />
*Mishna Brurah 55:48 based on Rashba responsa 1:96 holds that one can learn from the laws of zimmun that if people can see each other they can join for minyan.</ref><br />
#You can't create a minyan with a video (e.g. zoom or skype) or phone call but one can join a minyan of ten men in one room with a video or phone call in order to answer [[dvarim shebekedusha]].<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)], Rabbi Nacson in Laws of Praying Beyachid p. 4 based on Yalkut Yosef 5775 ed Yamim Noraim p. 17, Yabia Omer 1:19:18, Chazon Ovadia Purim p. 56</ref><br />
#It isn't considered a minyan for people to join together to daven on a video conference but it is still somewhat spiritually valuable.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)]</ref><br />
<br />
===Answering [[Amen]]===<br />
<br />
#Even if there is a time delay between the person reciting the bracha and the one answering it that wouldn't be considered an [[Amen Yetoma]].<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)], [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)], Rabbi Nacson in Laws of Praying Beyachid p. 4 based on Yalkut Yosef 5775 ed Yamim Noraim p. 17, Yabia Omer 1:19:18, Chazon Ovadia Purim p. 56</ref><br />
<br />
===Megillah===<br />
<br />
#There is a major dispute if a person could fulfill their mitzvah of listening to the megillah on the phone or through watching a live streamed video. Some rabbanim advised this,<ref>Rav Schachter cited by [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)] and Rav Aviner agreed.</ref> while others hold that one can't fulfill one's mitzvah at all.<ref>Rav Dovid Feinstein cited by [http://podcast.headlinesbook.com/e/coronavirus-what-the-halacha-tells-us/ Rabbi Fink] and [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)]</ref> See this topic explained more fully here: [[Brachot_Through_a_Microphone]].<br />
<br />
==Netilat Yadayim==<br />
<br />
#If a person wants to wash his hands with soap and wash [[Netilat Yadayim for a meal]], one should first wash Netilat Yadyaim for the meal, dry the hands, recite the bracha, and then wash one's hands with soap and then recite the Hamotzei.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Willig (min 30-34)]</ref><br />
<br />
==Shabbat Davening==<br />
===Friday Night===<br />
#Although the reason for reciting Shalom Alechem on a Friday night is that the angels accompany you home from shul and you welcome them to your home, if one was unable to attend shul on a Friday night, he would still sing Shalom Alechem.<ref>[https://vimeo.com/399141271 Rabbi Moshe Heinemann] at around 28:30 in the name of Rav Moshe Feinstein, because Hashem will not punish you by not sending the angels when you weren't able to attend</ref><br />
===Davening for the Sick===<br />
# It is generally prohibited to daven on Shabbat for our needs or for the well-being of a sick person. However, if the person is in a state of mortal danger one may daven for his well-being on Shabbat.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951537/rabbi-hershel-schachter/piskei-corona-25-davening-for-the-sick/ Rav Schachter (Piskei Corona #25)]</ref> See [[Shabbat_Davenings#Personal_Requests]] for all of the details of this topic.<br />
<br />
===[[Kriyat Hatorah]]===<br />
#A person who is at home and can't be at shul should nonetheless read the parsha from a chumash between Shacharit and Mussaf as a way of remembering the concept of kriyat hatorah. He can use that reading as part of his reading of [[Shenayim Mikra Vechad Targum]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] quoting Rabbi Willig. [https://www.star-k.org/videos.php Rabbi Moshe Heinemann] around minutes 7-10 agrees that you should do so on Shabbat, but that it is not necessary on Monday and Thursday. </ref> Some think this doesn't accomplish anything.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950291/rabbi-hershel-schachter/piskei-corona-8-krias-hatorah/ Rav Schachter (Piskei Corona #8)]</ref><br />
#When the congregation misses a kriyat hatorah they can make it up by reading two parshiyot next week in Shul. However, if they miss multiple weeks there is a discussion if they should or could make up all of the parshiyot that they missed.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] based on Rama and Magen Avraham</ref><br />
#A person should not move a sefer torah out of a Shul for a home minyan.<ref>[https://drive.google.com/file/d/14IUOs2OOMhloqYwnbv3iKGrWS6GbYGId/view?usp=drivesdk Rabbi Yonatan Nacson in Laws of Praying Byachid (p. 10)] citing Rav Asher Weiss</ref> See [[Respecting_a_Sefer_Torah#Transporting_a_Sefer_Torah]] for more details.<br />
#There still is an obligation of [[Shenayim Mikra Vechad Targum]] when the there is no congregation doing the Kriyat Hatorah in shul.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950291/rabbi-hershel-schachter/piskei-corona-8-krias-hatorah/ Rav Schachter (Piskei Corona #8)</ref><br />
#One doesn't recite [[Baruch Shemey]] when praying by oneself since it is part of the activity of removing the Sefer Torah.<ref>Mishna Brurah 134:13</ref><br />
===Anim Zemirot===<br />
# A person davening alone doesn't have to recite Anim Zemirot.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951536/rabbi-hershel-schachter/piskei-corona-24-anim-zmiros-without-a-minyan/ Rav Schachter (Piskei Corona #24)] explains that anim zemirot was instituted only for a minyan, and according to Rav Soloveitchik was considered a [[dvar shebekedusha]].</ref><br />
<br />
==[[Hagomel]]==<br />
<br />
#A person who was quarantined and got out of quarantine doesn't recite Hagomel since they were in no danger.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
#A person needs to recite [[hagomel]] in front of a [[minyan]] of ten men. Some suggest that this can be recited before ten people listening on a video or phone call and can answer amen. Even though they aren't present, the minyan in this context is purely to publicize the idea so it is permissible.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)]</ref> Others disagree and as long as the minyan isn't in the same room one can not recite hagomel.<ref>Divrei Dovid 4:3</ref><br />
#According to Ashkenazim, if a person is ill with a sickness to the point that he is a choleh sheyesh bo sakana, a concern of mortal danger, he should recite Hagomel, but if he less sick than that there is no need to recite Hagomel.<ref>Rama 219:8, [http://nleresources.com/2020/03/rav-asher-weiss-coronavirus-in-halacha/#.XnoNOIjYrIU Rav Asher Weiss (March 15 2015, min 11)]</ref> Sephardic tradition is to recite Hagomel anytime someone was sick in bed such as with a flu or bad cold even for a short period of time.<ref>[https://itorah.com/global-search/birkat%20hagomel Rabbi Mansour ("Saying Birkat Hagomel Within 3 Days and Laws of Birkat Hagomel Following A Sickness")]</ref><br />
<br />
==[[Bedikat Chametz]] and [[Biur Chametz]]==<br />
<br />
#A person should do bedikat chametz after praying by oneself at Tzet Hakochavim and then immediately begin the bedika. They should not have a meal within a half hour of the bedika.<ref>[https://www.torahanytime.com/#/lectures?v=106099 Rav Shmuel Fuerst (min 1-5)],[https://www.yutorah.org/sidebar/lecture.cfm/950401/rabbi-dan-cohen-rabbi-meir-gavriel-elbaz/pesach-prep-simplified/ Rav Meir Elbaz (min 17-8)]</ref><br />
#Because one can't do a large communal Chametz burning because gatherings aren't safe and even doing it with a few people at a time can look to non-Jews as unsafe. Rather one should just do biur chametz with a Kezayit by flushing it down the toilet.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-3-Mar-26-2020.pdf Rav Herschel Schachter (teshuva Rosh Chodesh Nissan 5780)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]. [https://www.jpost.com/Israel-News/Chief-Rabbis-Dont-leave-home-to-burn-chametz-for-Passover-623072 Rav Yitzchak Yosef and Rav David Lau] said that one should not go outside to burn chametz or kasher pots.</ref><br />
#A person should sell chametz in the house or office if he left there before he had the chance to do a bedikat chametz. By selling the chametz there he is absolving himself of having to do bedikat chametz.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/950401/rabbi-dan-cohen-rabbi-meir-gavriel-elbaz/pesach-prep-simplified/ Rav Elbaz (min 26)], Rav Asher Weiss (Teleconference, March 29 2020 11am)</ref><br />
<br />
==Selling [[Chametz]]==<br />
<br />
#If a person doesn't usually [[sell chametz]] and is afraid that if he doesn't sell chametz one year he isn't going to have food afterwards he can sell his chametz. He wouldn't require a [[hatarat nedarim]].<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (min 20)], [https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 9-11)]. [http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-3-Mar-26-2020.pdf Rav Herschel Schachter (teshuva Rosh Chodesh Nissan 5780)] explained the reason why the hatarat nedarim isn't necessary. [https://vimeo.com/399141271 Rabbi Moshe Heinemann] at around 46:45 agrees that if there is a big loss one can be lenient and sell chametz and it would not require hatarat nedarim, although he isn't so sure that it would be a big loss to an individual.</ref><br />
#A person can sell his chametz on the phone or online and if possible a kinyan can be made virtually in order to appoint the rabbi to sell the chametz. The kinyan would take place as follows: the rabbi would ask if there's someone standing next to the one who wants to appoint the rabbi and if there is then that person can give a pen or a utensil to the one who wants to appoint the rabbi as his shaliach. This is considered a valid kinyan between the person standing there and the one who wants to appoint the rabbi on behalf of the rabbi to be appointed. If that isn't feasible it isn't necessary. Nonetheless, one could stipulate in the document that this appointment of the rabbi is done with the full knowledge of its legal ramifications and it is accepted completely.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-1-Mar-24-2020.pdf Rav Hershel Schachter (Teshuva dated 28 Adar 5780 p. 2)], Nefesh Harav p. 179, [https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (min 1-5)] explained that the minhag is to make a kinyan to appoint a someone to sell something for you. This is classically done with a handing of a handkerchief from the rabbi to the one selling chametz. However, when they call on the phone that isn't possible. The Steipler held in such a case it isn't necessary to be careful about that minhag and simply have the person orally declare that he appoints the rabbi. However, Rav Soloveitchik felt that we should try to fulfill the minhag in any event. How can it be fulfilled? One can have someone standing in the room next to the person on the phone give something to the person on the phone on behalf of the rabbi. That is an effective halachic kinyan on behalf of the rabbi (see Kiddushin 7a). [https://www.torahanytime.com/#/lectures?v=106099 Rav Shmuel Fuerst (min 10)] explained that one can appoint the rabbi to sell his chametz online. Rav Asher Weiss (Minchat Asher Corona p. 66) agrees. [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal] allowed appointing the rabbi online if he is a talmid chacham.</ref><br />
#There is no issue with the selling of Chametz even though the Chametz is in a locked building or in a place that isn't accessible to the non-Jew because of the coronavirus situation.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950290/rabbi-hershel-schachter/piskei-corona-10-chametz-sheeno-birshuso/ Rav Schachter (Piskei Corona #10)]</ref><br />
#Some poskim allow ordering chametz on Pesach if one is certain that it will only be delivered after pesach.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951179/rabbi-hershel-schachter/piskei-corona-17-ordering-chametz-from-a-non-jew-on-pesach-to-arrive-after-pesach/ Rav Schachter (Piskei Corona #17)] explains that it isn't considered rotzeh bkiyumo, wanting the chametz to continue to exist, to order the chametz since one doesn't insist on any particular box of chametz that the company provides. However, one certainly may not acquire it with a kinyan such as picking it up or moving it. Even if it is delivered into one's property if one has intention not to acquire it, one doesn't acquire it. Yet, one can't even protect it since doing so is an issue of rotzeh bkiyumo. [https://yeshiva-university.zoom.us/rec/play/usAsduuh-283HoLAtASDAPZ9W9S0eq2s0igX-_pez0jkW3EFZFr1M7QRa7Qf9B_vOGt5lyO0vcW9I1-0?startTime=1585760529000&_x_zm_rtaid=CQsocm3ZRaq6pGgFL5OMGQ.1585880286593.75ff95374a21dbfc2f0c45524d508e2a&_x_zm_rhtaid=674 Rav Willig (April 1 2020, min 0-2)] agreed in technical terms.</ref><br />
<br />
==Buying for Pesach==<br />
<br />
#If you have raw chicken or raw meat you don't have to worry that it is chametz even if it was processed in a place where there was chametz. You can simply wash it off to solve any question.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 11-15)]</ref><br />
<br />
==Kitniyot==<br />
<br />
#Out of a concern of the coronavirus, this year some poskim permit taking vitamins which have additives of [[kitniyot]] in order to stay healthy and to strength one's immune system.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950289/rabbi-hershel-schachter/piskei-corona-7-kitniyos/ Rav Schachter (Piskei Corona #7)]</ref><br />
#Someone with Crohn's disease and needs to drink an enriched milk with kiniyot additives for his health can do so on Pesach. Also, he can do so within 6 hours after eating meat (see [[Waiting between Meat and Milk]]).<ref>[https://www.yutorah.org/lectures/lecture.cfm/950289/rabbi-hershel-schachter/piskei-corona-7-kitniyos/ Rav Schachter (Piskei Corona #7)]</ref><br />
<br />
==[[Kashering for Pesach]]==<br />
<br />
#Some poskim allow [[kashering a dishwasher]] for Pesach even though there are plastic and other materials in there that are questionable to kosher. One should wait 24 hours without using it and then use with just hot water and no soap. According to Ashkenazim this should be used to kosher it from Chametz but not from meat to parve or milk or vice versa.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-3-Mar-26-2020.pdf Rav Herschel Schachter (teshuva Rosh Chodesh Nissan 5780)]</ref><br />
#Some hold that one can kasher plastic, while others disagree. See on the [[Kashering_the_Kitchen_for_Pesach#Which_materials_can_be_kashered.3F]] page.<br />
<br />
==Pesach Davening==<br />
===Hallel Pesach Night===<br />
<br />
#There is a custom of Sephardic and some Ashkenazic communities to recite Hallel Pesach night in Shul. However, being that the current situation demands that a person needs to remain inside there is no way to fulfill this minhag and should not recite Hallel after davening. Rather one should only recite it at the Seder.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950285/rabbi-hershel-schachter/piskei-corona-9-hallel-on-pesach-night-and-tefillas-tal/ Rav Hershel Schachter (Piskei Corona #9)]</ref> Some Ashkenazic poskim would allow reciting a bracha.<ref>Rav Asher Weiss (Minchat Asher Corona p. 73-4) writes that a person who has the practice to recite the Hallel the night of the seder after davening can do so with a bracha even when davening individually.</ref><br />
#According to Sephardim, one should recite Hallel the night of the seder after davening with a bracha even though one is davening at home.<ref>Yachava Daat 5:34, Teshuva written by Rabbi Mordechai Lebhar author of Magen Avot (Erev Shabbat Hagadol 5780), Kaf Hachaim 487:38-42</ref><br />
<br />
===Shir Hashirim on Chol Hamoed===<br />
#Ashkenazim generally have the custom to read Shir Hashirim on Shabbat Chol Hamoed Pesach. This year since there is no minyanim available, when one davens at home individually, there is no obligation to read Shir Hashirim. One may do so but it isn't in fulfillment of the minhag.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950655/rabbi-hershel-schachter/piskei-corona-13-shir-hashirim-on-chol-hamoed-pesach/ Rav Schachter (Piskei Corona #13)]</ref><br />
<br />
===Tefillat HaTal===<br />
#One can recite the piyut for tal on Pesach was only instituted for a congregation, however if one wants to recite it one may do so.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950285/rabbi-hershel-schachter/piskei-corona-9-hallel-on-pesach-night-and-tefillas-tal/ Rav Schachter (Piskei Corona #9)]</ref><br />
#In Mussaf everyone should stop saying [[Mashiv Haruach Umorid Hageshem]] and instead recite Morid Hatal because one is davening individually and one may not change from the practice of saying Mashiv Haruach of the congregation until the Shaliach Tzibur has done so and this year there are no minyanim switching at mussaf. After Mussaf, starting with Mincha, one should follow their regular minhag if they usually recite Morid Hatal or not.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950285/rabbi-hershel-schachter/piskei-corona-9-hallel-on-pesach-night-and-tefillas-tal/ Rav Schachter (Piskei Corona #9)]</ref> See [[Mashiv_HaRuach_UMorid_HaGeshem#When_to_Stop_Morid_Hageshem_and_Start_Tal]] for the background.<br />
# For Sephardim, one may begin to recite Morid Hatal in Mussaf even though he praying individually and there is no minyan nearby.<Ref>Kaf Hachaim 114:8 and Halacha Brurah v. 6 p. 145 rule that the primary halacha is that there's no prohibition to begin to start to say Morid Hatal before the Shaliach Tzibbur. It is only forbidden for an individual to begin Mashiv Haruach Umorid Hageshem before the congregation does. This is the approach of the Bet Yosef citing the Ran, Pri Chadash, and Maamar Mordechai, unlike the Raavad cited by the Tur 114:2. However, in a regular year, the Kaf Hachaim and Halacha Brurah recommend being strict for the Raavad to have the Shaliach Tzibur announce before the Mussaf that everyone should begin to say Morid Hatal.</ref><br />
<br />
==Machine Matza==<br />
<br />
#It is permitted under extenuating circumstances to use [[machine matza]] for the mitzvah of eating matzah on the seder night.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards beginning)]. This is acceptable for Sephardim as well even with a bracha as described by Rav Ovadia Yosef in Yachava Daat 1:14 and Chazon Ovadia (Pesach Hilchot Leil Haseder 5763 Edition p. 76). [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim] holds that one should really used hand baked matzah but if one can't acquire any then one can use machine matzah. [https://yeshiva-university.zoom.us/rec/play/uMB7I-D--j83ToDAtgSDUaJ7W9Xueqis0nRK-6FfmUm0VSMBZ1qjYLIbZbHenouY882eTH8fEnI5K7DA?startTime=1585587811000&_x_zm_rtaid=5PWyeRatQdGWZ2q1UH7K6w.1585657713810.05dafc99f0c11cb46ffb1a63ddd87e47&_x_zm_rhtaid=904 Rav Willig (min 2)] has a similar approach.</ref><br />
#Some say that there's no concern to have the hand baked matzot this year.<ref>Rav Asher Weiss (Teleconference March 22 2020, min 19) said that there's no concern to use the hand-baked matzot since they were baked earlier in the year. His personal minhag is to have only hand baked matzot. In terms of using machine matzah he felt that it is only a chumra not to use them even for the mitzvah of motzei matzah and one could use them if there's no other option.</ref><br />
<br />
==[[Eruv Tavshilin]] and [[Eruv Chatzerot]]==<br />
<br />
#A rabbi should establish an eruv tavshilin on behalf of his whole community. Even though usually he acquires it to another person who isn't a family member on behalf of the community, this year because of social distancing one can acquire it to one's wife. <ref>[https://www.yutorah.org/lectures/lecture.cfm/951181/rabbi-hershel-schachter/piskei-corona-19-eruv-tavshillin-and-eruv-chatzeiros-and-social-distancing/ Rav Schachter (Piskei Corona #19)]</ref><br />
#An eruv tavshilin works to allow cooking from Yom Tov to Shabbat even though it isn't possible to have guests in most cases.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951181/rabbi-hershel-schachter/piskei-corona-19-eruv-tavshillin-and-eruv-chatzeiros-and-social-distancing/ Rav Schachter (Piskei Corona #19)] explained that usually we use the concept of ''hoil'', since guests might arrive who can eat the food one cooked, to permit cooking from one day of Yom Tov to Shabbat. However, this year that seems not to be applicable. Rav Schachter explained based on the Maharam Chalavah that ''hoil'' doesn't necessitate that one actually have guests or even have the ability to have guests, it is rather a halachic principle since objectively it is possible to have guests the eruv is effective.</ref><br />
#The communal eruv chatzerot continues to be effective even though the communal box of matzah's might not be accessible.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951181/rabbi-hershel-schachter/piskei-corona-19-eruv-tavshillin-and-eruv-chatzeiros-and-social-distancing/ Rav Schachter (Piskei Corona #19)] explained that since theoretically it is possible to get the box alone for a few minutes it isn't completely inaccessible (see Har Tzvi OC 2:16).</ref><br />
#It is permissible to wear a surgical mask on Shabbat outside and it isn't [[carrying]] as long as it is fastened well and won't fall off.<ref>[https://itorah.com/daily-halacha/lecture/may-one-wear-a-surgical-mask-on-shabbat-in-a-public-domain/3803 Rabbi Mansour]</ref><br />
<br />
==Birchat Ha'ilanot==<br />
<br />
#One can recite birkat hailanot from indoors if one can see the trees but one may not recite them by seeing the trees on a video.<ref>Ateret Paz p. 154-6</ref> See the [[Birchat HaIlanot]] for more details and sources.<br />
<br />
==[[Tanit Bechorot]]==<br />
#A person should try to finish a short masecheta to make his own siyum.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-1-Mar-24-2020.pdf Rav Hershel Schachter (Teshuva dated 28 Adar 5780 p. 2)], [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref> Some say that learning one masechta with Bartenura is sufficient.<ref>[https://itorah.com/daily-halacha/lecture/ta-anit-bechorot-during-the-coronavirus-pandemic/3802 Rabbi Mansour], [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref><br />
# Many poskim say that he can rely on a siyum over the phone or video livestream.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-1-Mar-24-2020.pdf Rav Hershel Schachter (Teshuva dated 28 Adar 5780 p. 2)]. [https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards beginning)]. [https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 1-4)] explained that Rav Schachter and Rav Shlomo Zalman Auerbach hold that it is enough to listen and join with the siyum over the phone or video call. However, other poskim don't like this leniency. Rav Asher Weiss (Teleconference March 22 2020, min 7) agreed that one can be yotzei with a siyum over the phone or video for the tanit bechorot. [https://www.torahanytime.com/#/lectures?v=106099 Rav Shmuel Fuerst (min 6)] agreed that this year you can be yotzei the siyum over the phone since it is an extenuating circumstance. [https://youtu.be/Yo6IJi2V-bw Rav Avigdor Nevinsal] agreed that you can be part of a siyum over the phone and the meal one has afterwards is a seudat mitzvah. [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim] holds that it is better to make a siyum oneself even on a tractate of mishna but if that's not possible one can listen on the phone.</ref><br />
# Some say that in the event one can't make one's own siyum or even hear someone else's, one doesn't need to fast this year in order to maintain strength in this time of a health crisis.<ref>[https://itorah.com/daily-halacha/lecture/ta-anit-bechorot-during-the-coronavirus-pandemic/3802 Rabbi Mansour]</ref><br />
<br />
==Birkat Halevana==<br />
<br />
#Ideally one should recite birkat halevana outdoors.<ref>Rama 426:4</ref> If one can not do so one can recite Birkat Halevana from inside but initially one should open the window.<ref>Pri Megadim M"Z 426:4, Mishna Brurah 426:21</ref> See the [[Birkat HaLevana]] page.<br />
<br />
==Chol Hamoed==<br />
<br />
#One can't buy stocks or sell them on Chol Hamoed, however, if not selling them could lead to a loss of one's original capital that one invested one can sell it.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref><br />
<br />
See [[Chol Hamoed]] for many details.<br />
<br />
==Using Zoom for the Seder==<br />
<br />
#Although a minority of rabbis allow using Zoom for this emergency situation in a very extenuating circumstance where an elderly single person is alone for the seder away from family because of the quarantines to use technology to leave a video conference going for Yom Tov to join with a family seder,<ref>[http://www.israelnationalnews.com/News/News.aspx/277764 Rabbi Eliyahu Abergel and other rabbis]</ref> most rabbis consider this to be a breach of halacha.<ref>Rav Asher Weiss (Teleconference March 22 2020 11am, min 39; teshuva in Minchat Asher Corona pp. 75-6), [http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-2-Mar-25-2020.pdf Rav Herschel Schachter (teshuva Adar 29 5780)], [https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 20-22)], [https://www.inn.co.il/News/News.aspx/432065 Rav Yosef Tzvi Rimon]. Rav Willig's held that it is absolutely forbidden and it is a tremendous zilzul Shabbat besides questions of others prohibitions of Shabbat.</ref> There is a discussion if the firstgroup of rabbis retracted.<ref>[https://vosizneias.com/2020/03/24/the-heter-for-zoom-at-the-seder-is-incorrect-and-should-be-retracted/ Rabbi Yair Hoffman] describes how 3 of the original signers of the lenient ruling would only permit under life and death needs and not in general. However, [https://www.jpost.com/israel-news/zoom-passover-seder-rabbis-hit-back-at-critics-622494 another article] describes how some of the original rabbis who were lenient confirmed their opinions.</ref><br />
#It is suggested to perform a pre-pesach zoom seder for people who you can't invite to your seder in order to share divrei torah, songs, and the experience of the seder before Yom Tov.<ref>[https://www.inn.co.il/News/News.aspx/432065 Rav Yosef Tzvi Rimon]</ref><br />
#For someone who is clinically depressed to the point that there is a concern of suicide or just losing one's mind it is permitted to use a phone to call him to cheer him up and check on him. However, if there's a way to check the patient before Pesach one should do so.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-2-Mar-25-2020.pdf Rav Herschel Schachter (teshuva Adar 29 5780)]. [https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Willig (min 24)] agrees that we violate Shabbat for someone who is suicidal but they can use the phone.</ref> A person should check with his rabbi in each case.<br />
#A person should recite Ha lachma anya this year as one would any other year, even though that phrase is a call for inviting guests and this year that is impossible.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951299/rabbi-hershel-schachter/piskei-corona-21-can-we-say-kol-dichfin-this-year-/ Rav Schachter (Piskei Corona #21)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
<br />
==[[Sefirat Haomer]]==<br />
<br />
#If someone couldn't get a hair cut because the barbers were all closed before Pesach, then if one reached the point when it very noticeably long and people would tell him to get a haircut he can take a haircut during [[Sefira]]. Today it can be estimated that if it has been more than 2 months since his last haircut he can take a haircut during the Sefira.<ref>https://www.yutorah.org/lectures/lecture.cfm/950659/rabbi-hershel-schachter/piskei-corona-16-haircuts-on-chol-hamoed-and-sefira/ Rav Schachter (Piskei Corona #16)</ref><br />
<br />
==Mikveh==<br />
<br />
#Each community rabbi needs to decide these sort of questions however in theory it is possible for the Mikva to remain open and allow women who aren't having symptoms or aren't quarantined to go to Mikva. They should be extra careful about hygiene and prepare completely at home, go to the Mikva where there is no contact with anyone besides a brief contact with the water which has chemicals for cleanliness. Then upon returning home there are poskim who allow the woman to take a shower when she gets home to clean herself off.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/950654/rabbi-hershel-schachter/piskei-corona-12-showering-after-the-mikvah/ Rav Hershel Schachter (Piskei Corona #12)], [https://www.torahanytime.com/#/lectures?v=105574 Rabbi Shay Tahan]. Rav Asher Weiss (March 29 2020) said it is obviously permitted to overlook the chumra of not showering when the woman returns from mikveh at these times.</ref><br />
# On Shabbat, if a woman goes to mikveh she can not take a hot shower when she gets back since turning on the hot water is causing cold water to enter the boiler and cook. Rather she should either decide to take a completely cold shower or delay the mikveh until Motzei Shabbat. She should also not decide not to take a shower at all because one shouldn't do something unsafe when there's an option to delay going to mikveh.<Ref>[https://www.yutorah.org/lectures/lecture.cfm/951538/rabbi-hershel-schachter/piskei-corona-26-showering-when-returning-home-from-the-hospital-or-the-mikvah-on-shabbos-or-yom-tov/ Rav Schachter (Piskei Corona #26)]</ref><br />
# On Yom Tov, according to those who are lenient to permit [[showering on Yom Tov]], when a woman returns from the mikveh should do so. Rav Schachter's opinion is that it is only permitted to take a shower on Yom Tov with water that is just hot enough to remove the chill from the water (less than lukewarm). If she decides she doesn't want to take such a shower, she should delay going to mikveh until after Yom Tov.<Ref>[https://www.yutorah.org/lectures/lecture.cfm/951538/rabbi-hershel-schachter/piskei-corona-26-showering-when-returning-home-from-the-hospital-or-the-mikvah-on-shabbos-or-yom-tov/ Rav Schachter (Piskei Corona #26)]</ref><br />
#The OU has established [https://www.ou.org/covid-19-and-the-mikvah-recommended-protocols/?utm_source=SilverpopMailing&utm_medium=email&utm_campaign=Mikvah%20Guidance%20(1)&utm_content=&spMailingID=32100310&spUserID=MTM2NTc0Mjg0NTYwS0&spJobID=1683098314&spReportId=MTY4MzA5ODMxNAS2 health guidelines] in order to allow a mikveh to remain open.<br />
#The RCBC also stated that Mikva's are remaining open for the time.<ref>[https://www.theyeshivaworld.com/news/featured/1839350/no-shul-yeshivas-shabbos-guests-levayos-shiva-vaad-harabanim-of-bergen-county-releases-letter.html RCBC letter on yeshivaworld.com]</ref><br />
#The men's mikveh's should be closed at this time. Even if a person is careful to go to mikveh each day he can fulfill this custom by taking a 5 minute shower.<ref>Rav Asher Weiss (Teleconference March 22 2020, min 12)</ref> See [[Preparations_for_Davening#Going_to_Mikveh]] for details.<br />
<br />
==Tevilat Kelim==<br />
<br />
#Each community should decide whether or not close the kli mikveh out of a safety concern. You can do the [[tevilat kelim]] in the ocean.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 5-9)], [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref><br />
#Alternatively, one can use tevilat kelim in the mikvah while wearing gloves, then throw out the gloves, wash off the kelim with soap and water. If the community has other procedures for safety one should observe them.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 5-9)], [https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 3-4)]</ref><br />
#As a last resort one can avoid tevilat kelim by giving the pots to a non-Jew and borrowing them back. One can rely on this until the virus passes.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 5-9)], [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]. [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal] said that one could rely upon this if there was no other option. [https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 14-16)] allows selling the kelim to a non-Jew. Rav Yosef Tzvi Rimon (teshuva dated Nisan 1 5780) recommended this.</ref> If one can't sell or gift the pots to a non-Jew oneself one can do so online through [https://nirshamti.co.il/e-%D7%98%D7%91%D7%99%D7%9C%D7%94/ Zomet].<br />
#Another option is for a person to declare the pots that need tevilat kelim to be ownerless (hefker) in front of 3 Jews. One has to have full intent that the pots are ownerless and if someone took them one would have no claim upon them. If these Jews can't be there in person it is sufficient if they are present through social media technology but they should be people who live in the neighborhood. They should then leave the pots outside their house for a few minutes so that if someone wanted to take them they could. <ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-1-Mar-24-2020.pdf Rav Hershel Schachter (Teshuva dated 28 Adar 5780 p. 1)], [https://itorah.com/daily-halacha/lecture/if-one-has-new-utensils-which-he-is-unable-to-immerse/3801 Rabbi Mansour]</ref> Others disagree.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 5-12)] said that one shouldn't use the solution to make the pots hefker since you're using the kelim. See Sefer Tevilat Kelim p. 84 based on Maharil Diskin. See S"A Harav 445:1 that hefker that isn't meaningful since you plan to reacquire it isn't a solution. However, Rav Elyashiv and Rav Soloveitchik allowed it in extenuating circumstances. Rav Asher Weiss (Minchat Asher Corona p. 72) writes that one should avoid using new pots and relying on this leniency to mafkir but in an extenuating circumstance one can rely on it.</ref><br />
#If there's are no solutions, some poskim would allow using the pots without tevilat kelim in this extenuating circumstance.<ref>Rav Asher Weiss (Teleconference, March 22 2020 11am), Rav Yosef Tzvi Rimon (Teshuva dated Nisan 1 5780)</ref><br />
#Regarding a seder plate and kos shel eliyahu requiring tevilah, see [[Tevilat Kelim]] page.<br />
<br />
==[[Brit Milah]]==<br />
<br />
#A Brit Milah can be done without a minyan since gatherings aren't safe.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
#A grandfather or someone else involved in a brit milah via zoom can recite the naming of the baby but he should not recite the bracha of asher kidash yadid mbeten.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951300/rabbi-hershel-schachter/piskei-corona-22-participating-in-a-simcha-via-zoom/ Rav Schachter (Piskei Corona #22)]</ref><br />
<br />
==Naming a Girl==<br />
<br />
#Although normally we try to name a baby girl at an aliya to the Torah, a person doesn't need a minyan in order to name a girl and under the circumstances should do so without delay.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Neventzal], [https://www.yutorah.org/lectures/lecture.cfm/950292/rabbi-hershel-schachter/piskei-corona-11-krias-shem-for-a-baby-girl/ Rav Schachter (Piskei Corona Teshuva #11)], [https://vimeo.com/399141271 Rabbi Moshe Heinemann] at about 16:45</ref><br />
<br />
==Bar Mitzvah's==<br />
<br />
#[https://www.torahanytime.com/#/lectures?v=105558 A message for Bar Mitzvah Boys in the Lockdown by Rabbi Pesach Krohn]<br />
#A bar mitzvah boy who missed the opportunity to read his parsha in shul when he became bar mitzvah'ed when it is next possible to go to shul he can add his parsha as a hosafa and read it then. Additionally, the haftorah can follow that hosafa.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards end)]</ref><br />
#The father of a Bar Mitzvah boy who couldn't layn should wait until he can do something that shows he's Bar Mitzvah like layn or daven as Shaliach Tzibbur to make such a bracha.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
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==Weddings==<br />
<br />
#Ideally a wedding shouldn't be pushed off if both parties are ready even though it means having a tiny wedding.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal], [https://www.kimizion.org/maamar/5780_5784/keter.pdf (Keter Yitanu Lecha p. 38)]</ref><br />
#A rabbi should not officiate at a wedding that isn't abiding by the CDC guidelines of health because he is furthering unsafe practices.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards beginning)]</ref><br />
#It has been asked whether or not the poskim are more lenient this year regarding weddings during [[Sefira]] but the answer is that it is not determined because the situation is still unclear.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref> Some are lenient but it is best to schedule for [[Rosh Chodesh]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref><br />
#If in this dire situation it isn't possible to have a minyan, it is possible to have a wedding nonetheless without [[Sheva Brachot]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/951180/rabbi-hershel-schachter/piskei-corona-18-getting-married-with-less-than-10-men-present/ Rav Schachter (Piskei Corona #18)] explained that although it isn't possible to recite Sheva Brachot and seemingly they forbid the couple to each other without Sheva Brachot in this extenuating circumstance one can rely upon the opinion that the wedding is valid and they are permitted even without Sheva Brachot (see Nodeh Beyehuda EH 1:56). For birkat erusin certainly having a minyan isn't critical (Shulchan Aruch E.H. 34:4) although it is preferable and in this circumstance unnecessary. From Bet Shmuel 64:4 it appears to be a dispute between the Shulchan Aruch and Rama whether one is allowed to have a wedding at all if it is extremely difficult to get a minyan, the Rama being lenient. </ref><br />
#A minyan for [[sheva brachot]] can not be created via Zoom. Additionally, one can't recite a bracha of sheva brachot for the couple via Zoom.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951300/rabbi-hershel-schachter/piskei-corona-22-participating-in-a-simcha-via-zoom/ Rav Schachter (Piskei Corona #22)]</ref><br />
<br />
==[[Fast Days]]==<br />
<br />
#If the rabbis declare a half fast day until [[Chatzot]] according to Ashkenazim an individual can recite [[Anenu]] in Mincha Shemona Esrei<ref>Rama 562:1 writes that Ashkenazim hold that even for an incomplete fast one can recite anenu. Mishna Brurhah 562:48 references this Rama in discussing a fast that was accepted to fast until chatzot. The Mishna Brurah 562:7 cites a debate as to whether one should omit the words צום תעניתנו while reciting עננו in such a scenario as many poskim argue that a half fast is not considered a fast and therefore one would not want to risk speak falsely, particularly when he is speaking to Hashem.<br />
<br />
*[https://www.theyeshivaworld.com/news/israel-news/1841977/hagaon-harav-chaim-kanievsky-calls-to-fast-for-half-a-day-on-erev-rosh-chodesh.html Rav Chaim Kanievsky] declared a half fast on Erev Rosh Chodesh Nissan 5780.</ref> assuming he is still fasting when he prays Mincha.<ref>Mishna Brurah 562:6</ref> According to Sephardim one can only recite anenu if one fasts the entire day.<ref>Shulchan Aruch 562:10-11 holds that a incomplete fast is not considered a fast with respect to saying anenu. Therefore if one only fasts until chatzot one should not recite anenu.</ref><br />
#A person should accept the fast from the day before, as is traditionally done at mincha time. If one didn't do so, according to Sephardim one shouldn't recite anenu, but according to Ashkenazim one can recite anenu.<ref>Shulchan Aruch and Rama 562:5</ref><br />
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==Mezuzah==<br />
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#A person should not kiss any mezuzah, or any siddur or chumash of a shul or a public area at this time because of concern of spreading COVID19.<ref>[https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)], [https://www.jpost.com/israel-news/chief-rabbi-of-israel-due-to-coronavirus-stop-kissing-the-mezuzah-619753 Chief Rabbi Rabbi David Lau]</ref><br />
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==Shalom Bayit==<br />
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#It is critical to be mindful of other people when everyone is under stress and no one is completely comfortable. [https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Dr. Pelcovitz] discusses the implications quarantine can have Shalom Bayit.<br />
#It is forbidden for a couple to have [[tashmish]] at a night of famine<ref>Gemara Tanit 11a, Shulchan Aruch O.C. 240:12</ref> since everyone is in distress it is incumbent on everyone to take upon himself an aspect of distress.<ref>Mishna Brurah 574:9</ref> The same is true for any time of societal distresses.<ref>Rama 240:12 based on Yerushalmi Tanit. Olot Tamid 240:6 (cited by Kaf Hachaim 240:85) understands the Rama to apply to any type of tragedy that we would declare a fast over.</ref> Others disagree.<ref>Shaarei Knesset Hagedola (Hagahot Tur 240:5) writes that tashmish is only forbidden during a famine, plague of the crops, locusts and the like which cause a famine but not for other tragedies or troubles. Kaf Hachaim 240:85 rules like the Shaarei Knesset Hagedola either because that is the explanation of the Yerushalmi or we don't follow the Yerushalmi.</ref><br />
#It is permitted to have tashmish on mikvah night.<ref>Shulchan Aruch O.C. 574:11 writes that it is permitted for a couple to have tashish on mikva night. Mishna Brurah 574:11 cites the Magen Avraham who argues with Shulchan Aruch but then he cites the Bigdei Yesha and Nahar Shalom who are lenient and there's what to rely on to follow Shulchan Aruch. Mishna Brurah concludes that certainly one can be lenient at a time when it isn't a famine and it is just another time of distress in the world.</ref><br />
#It is permitted to have tashmish for a couple who didn't yet fulfill [[pru urevu]].<ref>Shulchan Aruch O.C. 240:12, 574:4, Mishna Brurah 240:47</ref> Once his wife is pregnant this leniency doesn't apply.<ref>Mishna Brurah 574:12</ref><br />
#If he has a strong yetzer hara and there is a concern of [[hashchatat zera]] it is permitted.<ref>Mishna Brurah 240:46</ref><br />
#There is what to rely upon to have tashmish at a time of war and there is no midat chasidut to be strict, especially for young couples even for someone who fulfilled pru urevu.<ref>Tzitz Eliezer 13:21</ref><br />
#During the time then the plague of corona virus is rampant in the world there is a lot to rely upon to have tashmish. Someone who wants to be strict can do so.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949166/rabbi-ally-ehrman/is-tashmish-hamitta-permitted-during-the-coronavirus-pandemic-/ Rabbi Ehrman on yutorah]. Rav Asher Weiss (Zoom Conference, March 22 2020, 11am, min 15) was lenient he said that the situation presently isn't one that rises to the level where we need to declare a fast. Also, since domestic violence recently has been on the rise because of the quarantines one shouldn't be strict in this area. </ref><br />
<br />
==Laid off Workers Because of Corona==<br />
<br />
#If there's a employee that is unable to work because of a societal or national crisis the employees should continue to be paid by the employers according to many opinions or at least they should make a compromise.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949287/rabbi-michoel-zylberman/coronavirus-and-laid-off-employees/ Rabbi Zylberman on yutorah]. Mordechai b"m 343 writes that if there's a decree in the town that the teachers can't teach the teachers should still be paid. Rama C.M. 321:1 cites this Mordechai and applies it to any worker in 334:1. The Sama 334:2 argues with the Mordechai and holds that since the employee can't work and both aren't at fault and both couldn't foresee this the employer is exempt. Netivot 334:1 limits the idea of the Mordechai to a teacher and not other employers since a teacher is paid for sachar betela (see [[Laws_of_Learning_Torah#Taking_Money_for_Learning_and_Teaching_Torah]]). Shach 334 holds that this opinion of the Mordechai only applies if majority of the town ran away because of a crisis but if only a minority runs away then the employee isn't entitled to payment. Aruch Hashulchan 334:10 has another approach. If the situation prevents the worker from working then he is entitled to pay but if he runs away then he isn't. Rabbi Zylberman explained from Mishpat Poalim we think that this is a case of Hamotzei Mchavero Alav Harayah, whoever is holding onto the money can claim that he is exempt from paying or returning the money. Rav Asher Weiss in Minchat Asher 2:106 says that they should make a compromise, and Rav Bleich ([https://www.sefaria.org/Contemporary_Halakhic_Problems%2C_Vol_IV%2C_Chapter_XIV_The_Intifada_and_the_Gulf_War.35?lang=bi&with=all&lang2=en Contemporary Halachic Problems v. 4]) thinks that we follow the Rama. Once the Chatom Sofer had a case in his town and he felt that they should pay but he couldn't force everyone to pay it so he told them to pay half. Rav Yona Reiss had a case where they made a compromise. <br />
<br />
*Rav Asher Weiss (Zoom Conference, March 22 2020, 11am, min 21-25) thought that one should compromise and give the workers who aren't working 30% of their pay. This applies Jewish and non-Jewish workers. This is based on the Rama and Sama CM 221. As for the day schools and daycares that are closed and not providing services one theoretically should be exempt. Since it might be devastating to the schools one needs to wait until the government makes a decision. Either way, we should wait until there is a major decision from the government or authorities and follow that. Until then for the schools we should pay so that the teachers can have a salary for their [[parnasa]].</ref><br />
#This applies to contractors for cancelled events as well.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949287/rabbi-michoel-zylberman/coronavirus-and-laid-off-employees/ Rabbi Zylberman on yutorah]</ref><br />
#If someone rented out an apartment to someone and then he wants to retract because of a concern that the potential tenants have the virus, some say that it is forbidden to back out of the contract.<ref>[http://kol-barama.co.il/item/%D7%A4%D7%99%D7%A7%D7%95%D7%97-%D7%A0%D7%A4%D7%A9-%D7%A7%D7%95%D7%A8%D7%95%D7%A0%D7%94-%D7%A2%D7%A4%D7%99-%D7%94%D7%94%D7%9C%D7%9B%D7%94/ Rav Yakov Sinai] based on Rama in teshuva, Shach CM 312 and other sources</ref><br />
<br />
==[[Bikur Cholim]]==<br />
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#A person doesn't have to and shouldn't visit someone who has a virus that contagious such as corona.<ref>[http://kol-barama.co.il/item/%D7%A4%D7%99%D7%A7%D7%95%D7%97-%D7%A0%D7%A4%D7%A9-%D7%A7%D7%95%D7%A8%D7%95%D7%A0%D7%94-%D7%A2%D7%A4%D7%99-%D7%94%D7%94%D7%9C%D7%9B%D7%94/ Rav Yakov Sinai (min 3)] explains that although the Rama in a teshuva and Knesset Hagedola hold that one should visit the sick even if they have a contagious disease, the Shulchan Gavoha and others disagree and that is the halacha.</ref><br />
#A person fulfills the mitzvah of bikur cholim on the phone according to many poskim.<ref>[https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Shlomo Aviner (Keter Yitnu Lecha p. 34)] citing Igrot Moshe YD 1:223 and Tzitz Eliezer 8:5. Rav Aviner added that the main idea of bikur cholim is to do what is best for the patient and in our context that is to call.</ref><br />
# Someone who is praying for a mortally ill patient to get better and doesn't know if he is still alive should pray for his well-being and not specifically for him to get better.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951537/rabbi-hershel-schachter/piskei-corona-25-davening-for-the-sick/ Rav Schachter (Piskei Corona #25)]</ref><br />
<br />
==Burial and Mourning==<br />
===Burial===<br />
#Each place should follow the guidelines that are in place for safety. If a minyan isn't possible, then the next thing that is to try to have is Jews doing the burial. If they don't even let that, then afterwards a Jew should check that the burial by the non-Jews was done properly in the ground.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 26-8)]. [https://www.yutorah.org/sidebar/lecture.cfm/951298/rabbi-hershel-schachter/piskei-corona-20-tahara-for-meisim/ Rav Schachter (Piskei Corona #20)] said that they should specifically have as few people as possible for the burial and maybe just the workers and that too fulfills the mitzvah of burial.</ref> It is forbidden to cremate and it is still considered not dangerous to properly do a burial with no tahara and minimal involvement of the fewest people or simply the cemetery workers.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951298/rabbi-hershel-schachter/piskei-corona-20-tahara-for-meisim/ Rav Schachter (Piskei Corona #20)]</ref><br />
#At this time the chevra kadisha should not perform a tahara for the deceased since it could lead to danger.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951298/rabbi-hershel-schachter/piskei-corona-20-tahara-for-meisim/ Rav Schachter (Piskei Corona #20)]</ref><br />
# A person who was buried in America because of the corona virus but was planned to be buried in Israel can later when the virus isn't an issue be reburied in Israel, even though generally we don't rebury someone who was buried.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)]</ref> See the topic of [[Laws_and_Customs_of_a_Funeral#Under_What_Circumstances_is_it_Permitted_to_Move_Someone_Buried.3F|reburying a corpse]] in general.<br />
<br />
===Kriyah===<br />
#The rabbi could do the [[Kriyah]] for the mourner with gloves and a mask or he can simply tell the mourner to do it.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Willig (min 29)]</ref><br />
===Avelut===<br />
# A person who is no going to be involved in the burial anymore because the deceased was given to the chevra kaddisha then he is not considered an [[Onen]] anymore and should begin [[Avelut]] (mourning). However, if he is going to call relatives to tell them about the levaya then he is still an [[Onen]].<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)]</ref>. If he is going to watch the burial with Zoom or listen on the phone it is unclear if he is still an Onen.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)] isn't certain if a person involved in the burial merely because he is watching via Zoom is still considered an Onen. [https://www.yutorah.org/sidebar/lecture.cfm/839779/rabbi-asher-bush/%d7%94%d7%aa%d7%97%d7%9c%d7%aa-%d7%90%d7%91%d7%99%d7%9c%d7%95%d7%aa-%d7%9c%d7%9e%d7%99-%d7%a9%d7%90%d7%99%d7%a0%d7%95-%d7%a0%d7%9e%d7%a6%d7%90-%d7%91%d7%a7%d7%91%d7%95%d7%a8%d7%aa-%d7%90%d7%91%d7%99%d7%95-%d7%95%d7%9e%d7%a9%d7%aa%d7%aa%d7%a3-%d7%a2-%d7%99-%d7%94%d7%98%d7%9c%d7%a4%d7%95%d7%9f/ Rav Asher Bush] wrote based on MPeninei Harav p. 202 that he considers someone phoning into a burial to not be an Onen unless they're going to ask him questions about the burial.</ref><br />
# On [[Erev Pesach]] if someone is buried before [[Chatzot]] (midday) the relatives should observe [[Avelut]] (mourning) before Chatzot and then at Chatzot it is considered like a Yom Tov and the rest of the [[Shiva]] is cancelled. If the person is buried after [[Chatzot]] they should observe Avelut before Yom Tov and then the Yom Tov will come and cancel the rest of [[Shiva]].<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)]</ref><br />
# A mourner shouldn't eat his first meal after the burial, the [[Seudat Havrah]], from his own food; other should provide that food. If at this time when people are concerned for COVID19 and might not send food, if the mourner knows that he isn't going to be sent food, he can eat the first meal from his own food.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)]</ref><br />
<br />
===Kaddish and Iyluy Neshama===<br />
# Under the circumstances a person can not recite the kaddish because minyanim aren't available. Therefore, a person should take upon himself to learn mishnayot for the deceased.<Ref>Rav Asher Weiss (Minchat Asher Corona pp. 58-9)</ref><br />
See [[Practices_in_the_Mourner%27s_House#Iyluy_Neshama]] and [[Kaddish]] pages.<br />
<br />
==[[Kibbud Av Vem]]==<br />
<br />
#If one's parents ask him to do something which the department of health has deemed unsafe a person should not listen to his parents in such a case and that isn't a breach of Kibbud Av Vem.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-2-Mar-25-2020.pdf Rav Schachter (Teshuva Adar 29 5780)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
<br />
==Violating Shabbat for [[Pikuach Nefesh]]==<br />
'''On Shabbat or Yom Tov, if anyone has any concern whatsoever that they are in serious danger because of deteriorating health, they should immediately call a doctor or [[Going_to_and_Staying_in_the_Hospital_on_Shabbat|go to the hospital]].'''<br />
#It is a well established halacha that it is not only permitted but even a mitzvah to violate [[Shabbat]] in order to safe a life or to remove a situation that presents even a slight chance of danger.<ref>Shulchan Aruch O.C. 328:13</ref> The question is how to define the threshold of danger.<ref>[http://nleresources.com/2020/03/rav-asher-weiss-coronavirus-in-halacha/#.XnoNOIjYrIU Rav Asher Weiss (March 15 2020, min 18-22) to Beit Midrash Gavoha] explained that the definition of danger in order to violate Shabbat isn't defined by statistics. For vaccinations we assume that it is a sakana not to vaccinate even though the odds of dying because of the measles is low. Since it is preventable it is incumbent upon us to vaccinate. He concludes that as long as it is a natural phenomenon and there is an action that we can do to prevent deaths we must do so.</ref><br />
#In certain cases of emergency regarding corona virus it would be allowed to violate Shabbat.<ref>[https://www.theyeshivaworld.com/news/headlines-breaking-stories/1841156/harav-zilberstein-answer-telephone-on-shabbos-if-awaiting-results-of-coronavirus-test.html Rav Zilberstein] allowed a patient to answer the phone on Shabbat with a [[shinuy]] only to hear the results of a test and answer questions for epidemiological investigation. If the test results that show that a patient has the virus are produced on Shabbat it is incumbent for the health department to deal with the quarantine then and it is permitted to answer the phone for that.</ref> Obviously every single case is different and one should learn the laws of Pikuach Nefesh from a rabbi in advance.<br />
#If a person is discharged from the hospital on Shabbat and they need him to leave because of the lack of space that they have because of the numbers of people who are ill, his family member can drive to get him. They should do a [[Shinuy]] when turning on the car like turning the key with one's weaker hand, or pressing the button on the key with one's knuckle. Also, when turning off the car one should use a Shinuy.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950282/rabbi-hershel-schachter/piskei-corona-6-pikuach-nefesh-on-shabbos/ Rav Schachter (Piskei Corona #6)]</ref><br />
==Doctors Working in the Hospital==<br />
#Regarding the larger issue of halachic triage see [https://www.yutorah.org/lectures/lecture.cfm/951531/rabbi-hershel-schachter/piskei-corona-15-triage-in-medical-decisions-updated-/ Rav Schachter (Piskei Corona #15 Updated)]. Here is a relevant [https://docs.google.com/document/d/1CtQ_XHzQarzg_0PEQODCO1ATKlM_cEmvPsXa8kdpgJA/edit sourcesheet on Halachic Triage]. [https://aiayk.org/pesachaudio/ Rav Asher Weiss (Teleconference April 6 2020, min 5-15)] discusses triage in halacha and what doctors should do.<ref>Rav Asher feels that there are only two factors that we consider for halachic triage: give precedence to someone who is in immediate danger, and give treatment to whoever has a better chance for survival. Age or spiritual need for the community are not factors for precedence. <br />
* Rav Asher says that for choleh shebifanenu the knowledge that another choleh is going to come in soon is considered pikuach nefesh if will with certainty be helpful. Therefore, if an older patient comes into the hospital but they know a younger patient is going to come in, they can consider them as though they came in together and treat according to who is in immediate danger and who has the better chance to live. Rav Schachter felt the same way in his teshuva.<br />
* If a hospital has a certain regulation, does he need to disregard the hospital protocols? Rav Asher Weiss felt that the doctors should not disregard hospital protocol, for multiple reasons but partly because if he doesn't he'll lose his license and having more able doctors at this time is pikuach nefesh.<br />
* Pulling a patient off a ventilator because someone entered the hospital who has a better chance of living, Rav Asher (min 27) felt is forbidden. Rav Schachter felt that one should try to convince the older patient to sign a DNR at that point in order to save the younger patient. </ref><br />
# A doctor may and is encouraged to perform a life saving procedure if he is wearing the correct protective gear.<ref>[https://aiayk.org/pesachaudio/ Rav Asher Weiss (Aguda Teleconference, April 6, 2020, min 18-22)] explains that you can’t put yourself in danger. However, you can if you’re saving someone from an immediate danger and you’re putting yourself in minimal danger then it is a middat chasidut to do so. Therefore, a doctor should do mechanical ventilation CPR on a COVID19 patient if he has the correct protective gear.</ref><br />
# A doctor returning from the hospital on Shabbat and needs to shower for health reasons so as not to catch the corona virus on his body or clothing, may do so. If he can manage with a cold shower, he should do so. If he can't, he may turn on the hot water with a [[shinuy]].<Ref>[https://www.yutorah.org/lectures/lecture.cfm/951538/rabbi-hershel-schachter/piskei-corona-26-showering-when-returning-home-from-the-hospital-or-the-mikvah-on-shabbos-or-yom-tov/ Rav Schachter (Piskei Corona #26)]. See there for how he distinguishes this from the woman returning from the mikveh on Shabbat.</ref><br />
<br />
==[[Mesira]] and Rodef==<br />
<br />
#If your doctor actually ascertains that there is a sakanat nefashot, mortal danger, involved with a certain large gathering that someone is doing then it is permitted to tell the authorities. However, otherwise it is forbidden because of informing upon another Jew ([[mesira]]). This can be a very difficult measure to actually properly assess.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Willig (min 41)]</ref><br />
#Some hold that if a person is supopsed to be in quarentine and they are not they are considered a rodef. However, obviously one should first speak to him and convince him to do what is safe.<ref>[https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 36)] citing Rav Zilberstein</ref><br />
<br />
==Links==<br />
<br />
*[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal Q&A about Corona]<br />
*[https://rabbidunner.com/coronavirus-qa-with-rav-hershel-schachter/ Transcription of Q&A with Rav Schachter by Rabbi Dunner]<br />
*[https://www.theyeshivaworld.com/news/featured/1839350/no-shul-yeshivas-shabbos-guests-levayos-shiva-vaad-harabanim-of-bergen-county-releases-letter.html RCBC letter calling for the closing of Shuls and Schools]<br />
*[http://www.torahweb.org/ TorahWeb] hosts many resources for Corona halacha including Rav Schachter's Teshuvot<br />
*[http://www.kolcorona.com/ KolCorona.com] a Torah resource, initiated by Rabbi Reuven Taragin, for those affected by Corona<br />
<br />
==Sources==<br />
<references /><br />
[[Category:Orach Chaim]]</div>YitzchakSultanhttps://halachipedia.com/index.php?title=Halachot_Related_to_Coronavirus/COVID-19_Pandemic&diff=25500Halachot Related to Coronavirus/COVID-19 Pandemic2020-04-07T15:17:28Z<p>YitzchakSultan: /* Violating Shabbat for Pikuach Nefesh */</p>
<hr />
<div>[[Image:3D medical animation corona virus.jpg|right|300px]]<br />
All rabbinim agree that one should be cautious with all the health guidelines and social distancing<ref>[https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 34)] interestingly describes the sources in general about the Jewish view on handshaking and whether it is a [[Chukot Hagoyim]]. The poskim hold that in it isn't however, at this time it is forbidden because of the health concerns.</ref> set up by the government and other local institutions in order to stay safe and help prevent getting others sick.<ref>[https://www.torahanytime.com/#/lectures?v=104843 Rav Yitzchak Yosef], [http://www.torahweb.org/torah/docs/rsch/RavSchachter-with-doctors_Mar-15-2020.pdf Rav Hershel Schachter], Rav Asher Weiss (Teleconference March 22 2020), [https://www.ou.org/covid19/ OU (March 20 2020)], [https://www.torahanytime.com/#/lectures?v=106099 Rav Shmuel Fuerst (min 53)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal], [https://www.jpost.com/israel-news/leader-of-ultra-orthodox-world-calls-for-lone-prayer-due-to-coronavirus-622805 Rav Chaim Kanievsky], [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Shlomo Aviner (Keter Yitnu Lecha p. 34)], and RCBC letters. An article on [https://www.kikar.co.il/abroad/354170.html kikar.co.il] describes how the gedolim are currently davening privately including: the Gerre rebbe, Rav Shalom Kohen, Rav Gershon Edelstein, Rav Moshe Shternbuch, Rav Yitzchak Yosef, Sanser Rebbe, Rav Bakshi Doron, Rav Dovid Yosef, Bavian Rebbe, and Rav Sheiner.<br />
<br />
*Endangering Oneself to Learn Torah: Ketubot 77b records and praises the practice of Reish Lakish to teach Torah to those ill with tzarat, some translate as leprosy, even though it is contagious. The gemara explained that he did so out of his love for Torah. Daf Al Hadaf cites Mishnat Pikuach Nefesh 69:7 who asks how Reish Lakish could endanger himself and rely on a miracle. He answers that the disease he was concerned with was only dangerous to health but not life threatening.</ref> Coronavirus, as it causes a serious health threat to some people, inhibits any social gatherings and semachot, and has severely damaged the economy and livelihood of certain people, poses a serious challenge to everyone. We all need to daven and take advantage of the circumstances in order to best serve Hashem. As a thoughtful Jew, it is incumbent upon a person to take to heart some important lessons of life and re-strengthen himself in his commitments. <ref>Rambam Taniyot 1:1-3, [https://www.torahanytime.com/#/lectures?a=105844 Rav Reuven Epstein] emphasizes that we need to take a lesson from corona since it overtly a hardship for Jews and humanity and a sign from Hashem. [https://www.yutorah.org/lectures/lecture.cfm/949185/rabbi-menachem-penner/shema-everything-is-from-hashem/ Rabbi Penner] discussed how we can revitalize our strength in mitzvot at this time based on better appreciating the lessons of Shema. Rav Asher Weiss (Teleconference March 22, 2020) introduced his shiur by discussing how we can strengthen our commitment to [[Ben Adam Lchavero]]. [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha)] wrote many lengthy pieces on the hashkafic questions related to COVID19.</ref> Additionally, on a practical level, COVID19 has many implications for people, and below is a small collection of the relevant halachot.<br />
<br />
==[[Tefillah]]==<br />
When davening at home one should be cognizant of the following ideas:<br />
<br />
#The best time to pray is Netz. According to many poskim this is equivalent to praying with a minyan.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz], Laws of Praying Beyachid (Adar 5780) by Rabbi Yonatan Nacson p. 1 citing Yalkut Yosef 89:1</ref><br />
#A person should daven in a [[makom kavuah]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] and [https://www.star-k.org/videos.php Rabbi Moshe Heinemann around minutes 5-7]</ref><br />
#A person should daven in front of a wall so that there's no distractions in front of him.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]</ref><br />
#A person can and should daven near a window that serves as a means of being inspired to look towards heaven.<ref>Shulchan Aruch 90:4 writes that there should be windows in a place where one davens. [https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] suggested that the same should be done for when we daven at home to daven in a place where there is a window.</ref><br />
#A person can daven [[Shemona Esrei]] aloud if it helps his kavana. It also serves as a role model for children.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]</ref><br />
#A person shouldn't daven in a room that is usually used for frivolity.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]</ref><br />
#A person shouldn't daven in front of an open bathroom.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]</ref><br />
#At a time of a plague such as our times it is advisable to say [[ketoret]] which has the power to end a plague.<ref>Laws of Praying Beyachid by Rabbi Nacson p. 2, [https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] citing Rabbi Akiva Eiger teshuva 71</ref><br />
#According to some, at this time a person should recite Avinu Malkenu in [[Shacharit]] and [[Mincha]],<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] quoting Rav Schachter</ref> while others emphasize how one must focus on Teshuvah and reciting all parts of the regular seder haTefillah first.<ref>[https://www.torahanytime.com/#/lectures?v=104864 Rav Bention Mutzafi (55:10)]</ref> Avinu Malkenu should not be recited during [[Nissan]].<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal] stated that one should not recite Avinu Malkenu during Nissan. See Divrei Yatziv OC 75 for different minhagim about saying Avinu Malkenu during Nissan. See discussion page.</ref><br />
#Eating a meal before davening when the time comes to daven a certain tefillah should be avoided since generally we are lenient about this since we go to established minyanim but for when that isn't possible we should be more strict about this.<ref>Mishna Shabbat 9b, [https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]. [https://www.star-k.org/videos.php Rabbi Moshe Heinemann] around minutes 5-7 says that if one sets an alarm, that should be sufficient</ref> See details here about [[Eating before Davening| eating]] and [[Other Activities before Davening| doing activities before davening]].<br />
#When davening as a family, in a temporary fashion, some hold that it isn't necessary to have a [[mechitza]] and the men and women can simply daven on different sides of the room.<ref>Igrot Moshe 5:12:1 writes that regarding a Shabbos Sheva Brachos since it is just the family and it is a temporary situation no mechitza is necessary.</ref> See [[Mechitza]] for more details.<br />
#A person shouldn't forget to recite [[Birkat Halevana]] by themselves when they see the moon. It can be said from indoors. See [[Birkat Halevana]] page for details.<br />
<br />
===Parts of Davening to Skip===<br />
<br />
#On Friday night an individual doesn't recite [[Shabbat_Davenings#Me.27ayn_Sheva |Magen Avot]] after Shemona Esrei of Maariv.<ref>Laws of Praying Beyachid p. 10 citing Shulchan Aruch O.C. 268:8</ref> However, one should recite Vayechulu.<ref>[https://vimeo.com/399141271 Rabbi Moshe Heinemann] at around 24:45. At around 34 minutes, he clarifies that this can be done even by yourself, though normally we try to say it with at least two </ref><br />
#One doesn't recite [[Baruch Shemey]] when praying by oneself since it is part of the activity of removing the Sefer Torah.<ref>Mishna Brurah 134:13</ref><br />
<br />
==Minyan via Porches or Technology==<br />
<br />
#It is forbidden to have a minyan in person whether it is in a shul, shteibel, home, or backyard.<ref>[https://www.ou.org/covid19/ OU]. [https://www.yutorah.org/lectures/lecture.cfm/950656/rabbi-hershel-schachter/piskei-corona-14-forming-a-minyan-outside/ Rav Schachter (Piskei Corona #14)] writes that a person shouldn't try to make a minyan on his lawn spread out even if there's a small remote chance of spreading the virus. He also held that making a minyan with ten people standing on different balconies or porches doesn't count as a minyan. [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)] writes that certainly a person should not attend a minyan because of the danger and one may not rely on the zechut of a minyan to protect him, one needs to be safe. </ref><br />
#If there ten people standing on their own porches and can see one another, some say that one can not create a minyan in such a manner, while others hold that one can.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950656/rabbi-hershel-schachter/piskei-corona-14-forming-a-minyan-outside/ Rav Schachter (Piskei Corona #14)] holds that it isn't a valid minyan. However, Rav Shternbuch (teshuva Nissan 8 5780) held that it is a valid minyan. To satisfy all the opinions the shaliach tzibur should have in mind that when he does chazarat hashatz that he could be praying a voluntary tefillah. They can't join if they're across the street and within ten tefachim of the ground. The shaliach tzibur needs to be able to see everyone. For kriyat hatorah that is done with porches initially one should call up the baal koreh or anyone on his porch, then one can even call up to an aliya someone on another porch as long as he can hear the baal koreh. The kohanim should leave before retzah because they can't say birkat kohanim. Someone davening alone doesn't have to hear kriyat hatorah since it is an obligation of the community and not individual. Rav Asher Weiss (Teleconference with Aguda, April 2 2020) was also inclined to hold that it is possible to make a minyan with people on porches who can see each other.<br />
<br />
*Mishna Brurah 55:48 based on Rashba responsa 1:96 holds that one can learn from the laws of zimmun that if people can see each other they can join for minyan.</ref><br />
#You can't create a minyan with a video (e.g. zoom or skype) or phone call but one can join a minyan of ten men in one room with a video or phone call in order to answer [[dvarim shebekedusha]].<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)], Rabbi Nacson in Laws of Praying Beyachid p. 4 based on Yalkut Yosef 5775 ed Yamim Noraim p. 17, Yabia Omer 1:19:18, Chazon Ovadia Purim p. 56</ref><br />
#It isn't considered a minyan for people to join together to daven on a video conference but it is still somewhat spiritually valuable.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)]</ref><br />
<br />
===Answering [[Amen]]===<br />
<br />
#Even if there is a time delay between the person reciting the bracha and the one answering it that wouldn't be considered an [[Amen Yetoma]].<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)], [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)], Rabbi Nacson in Laws of Praying Beyachid p. 4 based on Yalkut Yosef 5775 ed Yamim Noraim p. 17, Yabia Omer 1:19:18, Chazon Ovadia Purim p. 56</ref><br />
<br />
===Megillah===<br />
<br />
#There is a major dispute if a person could fulfill their mitzvah of listening to the megillah on the phone or through watching a live streamed video. Some rabbanim advised this,<ref>Rav Schachter cited by [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)] and Rav Aviner agreed.</ref> while others hold that one can't fulfill one's mitzvah at all.<ref>Rav Dovid Feinstein cited by [http://podcast.headlinesbook.com/e/coronavirus-what-the-halacha-tells-us/ Rabbi Fink] and [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)]</ref> See this topic explained more fully here: [[Brachot_Through_a_Microphone]].<br />
<br />
==Netilat Yadayim==<br />
<br />
#If a person wants to wash his hands with soap and wash [[Netilat Yadayim for a meal]], one should first wash Netilat Yadyaim for the meal, dry the hands, recite the bracha, and then wash one's hands with soap and then recite the Hamotzei.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Willig (min 30-34)]</ref><br />
<br />
==Shabbat Davening==<br />
===Friday Night===<br />
#Although the reason for reciting Shalom Alechem on a Friday night is that the angels accompany you home from shul and you welcome them to your home, if one was unable to attend shul on a Friday night, he would still sing Shalom Alechem.<ref>[https://vimeo.com/399141271 Rabbi Moshe Heinemann] at around 28:30 in the name of Rav Moshe Feinstein, because Hashem will not punish you by not sending the angels when you weren't able to attend</ref><br />
===Davening for the Sick===<br />
# It is generally prohibited to daven on Shabbat for our needs or for the well-being of a sick person. However, if the person is in a state of mortal danger one may daven for his well-being on Shabbat.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951537/rabbi-hershel-schachter/piskei-corona-25-davening-for-the-sick/ Rav Schachter (Piskei Corona #25)]</ref> See [[Shabbat_Davenings#Personal_Requests]] for all of the details of this topic.<br />
<br />
===[[Kriyat Hatorah]]===<br />
#A person who is at home and can't be at shul should nonetheless read the parsha from a chumash between Shacharit and Mussaf as a way of remembering the concept of kriyat hatorah. He can use that reading as part of his reading of [[Shenayim Mikra Vechad Targum]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] quoting Rabbi Willig. [https://www.star-k.org/videos.php Rabbi Moshe Heinemann] around minutes 7-10 agrees that you should do so on Shabbat, but that it is not necessary on Monday and Thursday. </ref> Some think this doesn't accomplish anything.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950291/rabbi-hershel-schachter/piskei-corona-8-krias-hatorah/ Rav Schachter (Piskei Corona #8)]</ref><br />
#When the congregation misses a kriyat hatorah they can make it up by reading two parshiyot next week in Shul. However, if they miss multiple weeks there is a discussion if they should or could make up all of the parshiyot that they missed.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] based on Rama and Magen Avraham</ref><br />
#A person should not move a sefer torah out of a Shul for a home minyan.<ref>[https://drive.google.com/file/d/14IUOs2OOMhloqYwnbv3iKGrWS6GbYGId/view?usp=drivesdk Rabbi Yonatan Nacson in Laws of Praying Byachid (p. 10)] citing Rav Asher Weiss</ref> See [[Respecting_a_Sefer_Torah#Transporting_a_Sefer_Torah]] for more details.<br />
#There still is an obligation of [[Shenayim Mikra Vechad Targum]] when the there is no congregation doing the Kriyat Hatorah in shul.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950291/rabbi-hershel-schachter/piskei-corona-8-krias-hatorah/ Rav Schachter (Piskei Corona #8)</ref><br />
#One doesn't recite [[Baruch Shemey]] when praying by oneself since it is part of the activity of removing the Sefer Torah.<ref>Mishna Brurah 134:13</ref><br />
===Anim Zemirot===<br />
# A person davening alone doesn't have to recite Anim Zemirot.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951536/rabbi-hershel-schachter/piskei-corona-24-anim-zmiros-without-a-minyan/ Rav Schachter (Piskei Corona #24)] explains that anim zemirot was instituted only for a minyan, and according to Rav Soloveitchik was considered a [[dvar shebekedusha]].</ref><br />
<br />
==[[Hagomel]]==<br />
<br />
#A person who was quarantined and got out of quarantine doesn't recite Hagomel since they were in no danger.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
#A person needs to recite [[hagomel]] in front of a [[minyan]] of ten men. Some suggest that this can be recited before ten people listening on a video or phone call and can answer amen. Even though they aren't present, the minyan in this context is purely to publicize the idea so it is permissible.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)]</ref> Others disagree and as long as the minyan isn't in the same room one can not recite hagomel.<ref>Divrei Dovid 4:3</ref><br />
#According to Ashkenazim, if a person is ill with a sickness to the point that he is a choleh sheyesh bo sakana, a concern of mortal danger, he should recite Hagomel, but if he less sick than that there is no need to recite Hagomel.<ref>Rama 219:8, [http://nleresources.com/2020/03/rav-asher-weiss-coronavirus-in-halacha/#.XnoNOIjYrIU Rav Asher Weiss (March 15 2015, min 11)]</ref> Sephardic tradition is to recite Hagomel anytime someone was sick in bed such as with a flu or bad cold even for a short period of time.<ref>[https://itorah.com/global-search/birkat%20hagomel Rabbi Mansour ("Saying Birkat Hagomel Within 3 Days and Laws of Birkat Hagomel Following A Sickness")]</ref><br />
<br />
==[[Bedikat Chametz]] and [[Biur Chametz]]==<br />
<br />
#A person should do bedikat chametz after praying by oneself at Tzet Hakochavim and then immediately begin the bedika. They should not have a meal within a half hour of the bedika.<ref>[https://www.torahanytime.com/#/lectures?v=106099 Rav Shmuel Fuerst (min 1-5)],[https://www.yutorah.org/sidebar/lecture.cfm/950401/rabbi-dan-cohen-rabbi-meir-gavriel-elbaz/pesach-prep-simplified/ Rav Meir Elbaz (min 17-8)]</ref><br />
#Because one can't do a large communal Chametz burning because gatherings aren't safe and even doing it with a few people at a time can look to non-Jews as unsafe. Rather one should just do biur chametz with a Kezayit by flushing it down the toilet.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-3-Mar-26-2020.pdf Rav Herschel Schachter (teshuva Rosh Chodesh Nissan 5780)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]. [https://www.jpost.com/Israel-News/Chief-Rabbis-Dont-leave-home-to-burn-chametz-for-Passover-623072 Rav Yitzchak Yosef and Rav David Lau] said that one should not go outside to burn chametz or kasher pots.</ref><br />
#A person should sell chametz in the house or office if he left there before he had the chance to do a bedikat chametz. By selling the chametz there he is absolving himself of having to do bedikat chametz.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/950401/rabbi-dan-cohen-rabbi-meir-gavriel-elbaz/pesach-prep-simplified/ Rav Elbaz (min 26)], Rav Asher Weiss (Teleconference, March 29 2020 11am)</ref><br />
<br />
==Selling [[Chametz]]==<br />
<br />
#If a person doesn't usually [[sell chametz]] and is afraid that if he doesn't sell chametz one year he isn't going to have food afterwards he can sell his chametz. He wouldn't require a [[hatarat nedarim]].<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (min 20)], [https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 9-11)]. [http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-3-Mar-26-2020.pdf Rav Herschel Schachter (teshuva Rosh Chodesh Nissan 5780)] explained the reason why the hatarat nedarim isn't necessary. [https://vimeo.com/399141271 Rabbi Moshe Heinemann] at around 46:45 agrees that if there is a big loss one can be lenient and sell chametz and it would not require hatarat nedarim, although he isn't so sure that it would be a big loss to an individual.</ref><br />
#A person can sell his chametz on the phone or online and if possible a kinyan can be made virtually in order to appoint the rabbi to sell the chametz. The kinyan would take place as follows: the rabbi would ask if there's someone standing next to the one who wants to appoint the rabbi and if there is then that person can give a pen or a utensil to the one who wants to appoint the rabbi as his shaliach. This is considered a valid kinyan between the person standing there and the one who wants to appoint the rabbi on behalf of the rabbi to be appointed. If that isn't feasible it isn't necessary. Nonetheless, one could stipulate in the document that this appointment of the rabbi is done with the full knowledge of its legal ramifications and it is accepted completely.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-1-Mar-24-2020.pdf Rav Hershel Schachter (Teshuva dated 28 Adar 5780 p. 2)], Nefesh Harav p. 179, [https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (min 1-5)] explained that the minhag is to make a kinyan to appoint a someone to sell something for you. This is classically done with a handing of a handkerchief from the rabbi to the one selling chametz. However, when they call on the phone that isn't possible. The Steipler held in such a case it isn't necessary to be careful about that minhag and simply have the person orally declare that he appoints the rabbi. However, Rav Soloveitchik felt that we should try to fulfill the minhag in any event. How can it be fulfilled? One can have someone standing in the room next to the person on the phone give something to the person on the phone on behalf of the rabbi. That is an effective halachic kinyan on behalf of the rabbi (see Kiddushin 7a). [https://www.torahanytime.com/#/lectures?v=106099 Rav Shmuel Fuerst (min 10)] explained that one can appoint the rabbi to sell his chametz online. Rav Asher Weiss (Minchat Asher Corona p. 66) agrees. [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal] allowed appointing the rabbi online if he is a talmid chacham.</ref><br />
#There is no issue with the selling of Chametz even though the Chametz is in a locked building or in a place that isn't accessible to the non-Jew because of the coronavirus situation.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950290/rabbi-hershel-schachter/piskei-corona-10-chametz-sheeno-birshuso/ Rav Schachter (Piskei Corona #10)]</ref><br />
#Some poskim allow ordering chametz on Pesach if one is certain that it will only be delivered after pesach.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951179/rabbi-hershel-schachter/piskei-corona-17-ordering-chametz-from-a-non-jew-on-pesach-to-arrive-after-pesach/ Rav Schachter (Piskei Corona #17)] explains that it isn't considered rotzeh bkiyumo, wanting the chametz to continue to exist, to order the chametz since one doesn't insist on any particular box of chametz that the company provides. However, one certainly may not acquire it with a kinyan such as picking it up or moving it. Even if it is delivered into one's property if one has intention not to acquire it, one doesn't acquire it. Yet, one can't even protect it since doing so is an issue of rotzeh bkiyumo. [https://yeshiva-university.zoom.us/rec/play/usAsduuh-283HoLAtASDAPZ9W9S0eq2s0igX-_pez0jkW3EFZFr1M7QRa7Qf9B_vOGt5lyO0vcW9I1-0?startTime=1585760529000&_x_zm_rtaid=CQsocm3ZRaq6pGgFL5OMGQ.1585880286593.75ff95374a21dbfc2f0c45524d508e2a&_x_zm_rhtaid=674 Rav Willig (April 1 2020, min 0-2)] agreed in technical terms.</ref><br />
<br />
==Buying for Pesach==<br />
<br />
#If you have raw chicken or raw meat you don't have to worry that it is chametz even if it was processed in a place where there was chametz. You can simply wash it off to solve any question.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 11-15)]</ref><br />
<br />
==Kitniyot==<br />
<br />
#Out of a concern of the coronavirus, this year some poskim permit taking vitamins which have additives of [[kitniyot]] in order to stay healthy and to strength one's immune system.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950289/rabbi-hershel-schachter/piskei-corona-7-kitniyos/ Rav Schachter (Piskei Corona #7)]</ref><br />
#Someone with Crohn's disease and needs to drink an enriched milk with kiniyot additives for his health can do so on Pesach. Also, he can do so within 6 hours after eating meat (see [[Waiting between Meat and Milk]]).<ref>[https://www.yutorah.org/lectures/lecture.cfm/950289/rabbi-hershel-schachter/piskei-corona-7-kitniyos/ Rav Schachter (Piskei Corona #7)]</ref><br />
<br />
==[[Kashering for Pesach]]==<br />
<br />
#Some poskim allow [[kashering a dishwasher]] for Pesach even though there are plastic and other materials in there that are questionable to kosher. One should wait 24 hours without using it and then use with just hot water and no soap. According to Ashkenazim this should be used to kosher it from Chametz but not from meat to parve or milk or vice versa.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-3-Mar-26-2020.pdf Rav Herschel Schachter (teshuva Rosh Chodesh Nissan 5780)]</ref><br />
#Some hold that one can kasher plastic, while others disagree. See on the [[Kashering_the_Kitchen_for_Pesach#Which_materials_can_be_kashered.3F]] page.<br />
<br />
==Pesach Davening==<br />
===Hallel Pesach Night===<br />
<br />
#There is a custom of Sephardic and some Ashkenazic communities to recite Hallel Pesach night in Shul. However, being that the current situation demands that a person needs to remain inside there is no way to fulfill this minhag and should not recite Hallel after davening. Rather one should only recite it at the Seder.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950285/rabbi-hershel-schachter/piskei-corona-9-hallel-on-pesach-night-and-tefillas-tal/ Rav Hershel Schachter (Piskei Corona #9)]</ref> Some Ashkenazic poskim would allow reciting a bracha.<ref>Rav Asher Weiss (Minchat Asher Corona p. 73-4) writes that a person who has the practice to recite the Hallel the night of the seder after davening can do so with a bracha even when davening individually.</ref><br />
#According to Sephardim, one should recite Hallel the night of the seder after davening with a bracha even though one is davening at home.<ref>Yachava Daat 5:34, Teshuva written by Rabbi Mordechai Lebhar author of Magen Avot (Erev Shabbat Hagadol 5780), Kaf Hachaim 487:38-42</ref><br />
<br />
===Shir Hashirim on Chol Hamoed===<br />
#Ashkenazim generally have the custom to read Shir Hashirim on Shabbat Chol Hamoed Pesach. This year since there is no minyanim available, when one davens at home individually, there is no obligation to read Shir Hashirim. One may do so but it isn't in fulfillment of the minhag.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950655/rabbi-hershel-schachter/piskei-corona-13-shir-hashirim-on-chol-hamoed-pesach/ Rav Schachter (Piskei Corona #13)]</ref><br />
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===Tefillat HaTal===<br />
#One can recite the piyut for tal on Pesach was only instituted for a congregation, however if one wants to recite it one may do so.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950285/rabbi-hershel-schachter/piskei-corona-9-hallel-on-pesach-night-and-tefillas-tal/ Rav Schachter (Piskei Corona #9)]</ref><br />
#In Mussaf everyone should stop saying [[Mashiv Haruach Umorid Hageshem]] and instead recite Morid Hatal because one is davening individually and one may not change from the practice of saying Mashiv Haruach of the congregation until the Shaliach Tzibur has done so and this year there are no minyanim switching at mussaf. After Mussaf, starting with Mincha, one should follow their regular minhag if they usually recite Morid Hatal or not.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950285/rabbi-hershel-schachter/piskei-corona-9-hallel-on-pesach-night-and-tefillas-tal/ Rav Schachter (Piskei Corona #9)]</ref> See [[Mashiv_HaRuach_UMorid_HaGeshem#When_to_Stop_Morid_Hageshem_and_Start_Tal]] for the background.<br />
# For Sephardim, one may begin to recite Morid Hatal in Mussaf even though he praying individually and there is no minyan nearby.<Ref>Kaf Hachaim 114:8 and Halacha Brurah v. 6 p. 145 rule that the primary halacha is that there's no prohibition to begin to start to say Morid Hatal before the Shaliach Tzibbur. It is only forbidden for an individual to begin Mashiv Haruach Umorid Hageshem before the congregation does. This is the approach of the Bet Yosef citing the Ran, Pri Chadash, and Maamar Mordechai, unlike the Raavad cited by the Tur 114:2. However, in a regular year, the Kaf Hachaim and Halacha Brurah recommend being strict for the Raavad to have the Shaliach Tzibur announce before the Mussaf that everyone should begin to say Morid Hatal.</ref><br />
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==Machine Matza==<br />
<br />
#It is permitted under extenuating circumstances to use [[machine matza]] for the mitzvah of eating matzah on the seder night.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards beginning)]. This is acceptable for Sephardim as well even with a bracha as described by Rav Ovadia Yosef in Yachava Daat 1:14 and Chazon Ovadia (Pesach Hilchot Leil Haseder 5763 Edition p. 76). [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim] holds that one should really used hand baked matzah but if one can't acquire any then one can use machine matzah. [https://yeshiva-university.zoom.us/rec/play/uMB7I-D--j83ToDAtgSDUaJ7W9Xueqis0nRK-6FfmUm0VSMBZ1qjYLIbZbHenouY882eTH8fEnI5K7DA?startTime=1585587811000&_x_zm_rtaid=5PWyeRatQdGWZ2q1UH7K6w.1585657713810.05dafc99f0c11cb46ffb1a63ddd87e47&_x_zm_rhtaid=904 Rav Willig (min 2)] has a similar approach.</ref><br />
#Some say that there's no concern to have the hand baked matzot this year.<ref>Rav Asher Weiss (Teleconference March 22 2020, min 19) said that there's no concern to use the hand-baked matzot since they were baked earlier in the year. His personal minhag is to have only hand baked matzot. In terms of using machine matzah he felt that it is only a chumra not to use them even for the mitzvah of motzei matzah and one could use them if there's no other option.</ref><br />
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==[[Eruv Tavshilin]] and [[Eruv Chatzerot]]==<br />
<br />
#A rabbi should establish an eruv tavshilin on behalf of his whole community. Even though usually he acquires it to another person who isn't a family member on behalf of the community, this year because of social distancing one can acquire it to one's wife. <ref>[https://www.yutorah.org/lectures/lecture.cfm/951181/rabbi-hershel-schachter/piskei-corona-19-eruv-tavshillin-and-eruv-chatzeiros-and-social-distancing/ Rav Schachter (Piskei Corona #19)]</ref><br />
#An eruv tavshilin works to allow cooking from Yom Tov to Shabbat even though it isn't possible to have guests in most cases.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951181/rabbi-hershel-schachter/piskei-corona-19-eruv-tavshillin-and-eruv-chatzeiros-and-social-distancing/ Rav Schachter (Piskei Corona #19)] explained that usually we use the concept of ''hoil'', since guests might arrive who can eat the food one cooked, to permit cooking from one day of Yom Tov to Shabbat. However, this year that seems not to be applicable. Rav Schachter explained based on the Maharam Chalavah that ''hoil'' doesn't necessitate that one actually have guests or even have the ability to have guests, it is rather a halachic principle since objectively it is possible to have guests the eruv is effective.</ref><br />
#The communal eruv chatzerot continues to be effective even though the communal box of matzah's might not be accessible.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951181/rabbi-hershel-schachter/piskei-corona-19-eruv-tavshillin-and-eruv-chatzeiros-and-social-distancing/ Rav Schachter (Piskei Corona #19)] explained that since theoretically it is possible to get the box alone for a few minutes it isn't completely inaccessible (see Har Tzvi OC 2:16).</ref><br />
#It is permissible to wear a surgical mask on Shabbat outside and it isn't [[carrying]] as long as it is fastened well and won't fall off.<ref>[https://itorah.com/daily-halacha/lecture/may-one-wear-a-surgical-mask-on-shabbat-in-a-public-domain/3803 Rabbi Mansour]</ref><br />
<br />
==Birchat Ha'ilanot==<br />
<br />
#One can recite birkat hailanot from indoors if one can see the trees but one may not recite them by seeing the trees on a video.<ref>Ateret Paz p. 154-6</ref> See the [[Birchat HaIlanot]] for more details and sources.<br />
<br />
==[[Tanit Bechorot]]==<br />
#A person should try to finish a short masecheta to make his own siyum.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-1-Mar-24-2020.pdf Rav Hershel Schachter (Teshuva dated 28 Adar 5780 p. 2)], [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref> Some say that learning one masechta with Bartenura is sufficient.<ref>[https://itorah.com/daily-halacha/lecture/ta-anit-bechorot-during-the-coronavirus-pandemic/3802 Rabbi Mansour], [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref><br />
# Many poskim say that he can rely on a siyum over the phone or video livestream.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-1-Mar-24-2020.pdf Rav Hershel Schachter (Teshuva dated 28 Adar 5780 p. 2)]. [https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards beginning)]. [https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 1-4)] explained that Rav Schachter and Rav Shlomo Zalman Auerbach hold that it is enough to listen and join with the siyum over the phone or video call. However, other poskim don't like this leniency. Rav Asher Weiss (Teleconference March 22 2020, min 7) agreed that one can be yotzei with a siyum over the phone or video for the tanit bechorot. [https://www.torahanytime.com/#/lectures?v=106099 Rav Shmuel Fuerst (min 6)] agreed that this year you can be yotzei the siyum over the phone since it is an extenuating circumstance. [https://youtu.be/Yo6IJi2V-bw Rav Avigdor Nevinsal] agreed that you can be part of a siyum over the phone and the meal one has afterwards is a seudat mitzvah. [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim] holds that it is better to make a siyum oneself even on a tractate of mishna but if that's not possible one can listen on the phone.</ref><br />
# Some say that in the event one can't make one's own siyum or even hear someone else's, one doesn't need to fast this year in order to maintain strength in this time of a health crisis.<ref>[https://itorah.com/daily-halacha/lecture/ta-anit-bechorot-during-the-coronavirus-pandemic/3802 Rabbi Mansour]</ref><br />
<br />
==Birkat Halevana==<br />
<br />
#Ideally one should recite birkat halevana outdoors.<ref>Rama 426:4</ref> If one can not do so one can recite Birkat Halevana from inside but initially one should open the window.<ref>Pri Megadim M"Z 426:4, Mishna Brurah 426:21</ref> See the [[Birkat HaLevana]] page.<br />
<br />
==Chol Hamoed==<br />
<br />
#One can't buy stocks or sell them on Chol Hamoed, however, if not selling them could lead to a loss of one's original capital that one invested one can sell it.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref><br />
<br />
See [[Chol Hamoed]] for many details.<br />
<br />
==Using Zoom for the Seder==<br />
<br />
#Although a minority of rabbis allow using Zoom for this emergency situation in a very extenuating circumstance where an elderly single person is alone for the seder away from family because of the quarantines to use technology to leave a video conference going for Yom Tov to join with a family seder,<ref>[http://www.israelnationalnews.com/News/News.aspx/277764 Rabbi Eliyahu Abergel and other rabbis]</ref> most rabbis consider this to be a breach of halacha.<ref>Rav Asher Weiss (Teleconference March 22 2020 11am, min 39; teshuva in Minchat Asher Corona pp. 75-6), [http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-2-Mar-25-2020.pdf Rav Herschel Schachter (teshuva Adar 29 5780)], [https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 20-22)], [https://www.inn.co.il/News/News.aspx/432065 Rav Yosef Tzvi Rimon]. Rav Willig's held that it is absolutely forbidden and it is a tremendous zilzul Shabbat besides questions of others prohibitions of Shabbat.</ref> There is a discussion if the firstgroup of rabbis retracted.<ref>[https://vosizneias.com/2020/03/24/the-heter-for-zoom-at-the-seder-is-incorrect-and-should-be-retracted/ Rabbi Yair Hoffman] describes how 3 of the original signers of the lenient ruling would only permit under life and death needs and not in general. However, [https://www.jpost.com/israel-news/zoom-passover-seder-rabbis-hit-back-at-critics-622494 another article] describes how some of the original rabbis who were lenient confirmed their opinions.</ref><br />
#It is suggested to perform a pre-pesach zoom seder for people who you can't invite to your seder in order to share divrei torah, songs, and the experience of the seder before Yom Tov.<ref>[https://www.inn.co.il/News/News.aspx/432065 Rav Yosef Tzvi Rimon]</ref><br />
#For someone who is clinically depressed to the point that there is a concern of suicide or just losing one's mind it is permitted to use a phone to call him to cheer him up and check on him. However, if there's a way to check the patient before Pesach one should do so.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-2-Mar-25-2020.pdf Rav Herschel Schachter (teshuva Adar 29 5780)]. [https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Willig (min 24)] agrees that we violate Shabbat for someone who is suicidal but they can use the phone.</ref> A person should check with his rabbi in each case.<br />
#A person should recite Ha lachma anya this year as one would any other year, even though that phrase is a call for inviting guests and this year that is impossible.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951299/rabbi-hershel-schachter/piskei-corona-21-can-we-say-kol-dichfin-this-year-/ Rav Schachter (Piskei Corona #21)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
<br />
==[[Sefirat Haomer]]==<br />
<br />
#If someone couldn't get a hair cut because the barbers were all closed before Pesach, then if one reached the point when it very noticeably long and people would tell him to get a haircut he can take a haircut during [[Sefira]]. Today it can be estimated that if it has been more than 2 months since his last haircut he can take a haircut during the Sefira.<ref>https://www.yutorah.org/lectures/lecture.cfm/950659/rabbi-hershel-schachter/piskei-corona-16-haircuts-on-chol-hamoed-and-sefira/ Rav Schachter (Piskei Corona #16)</ref><br />
<br />
==Mikveh==<br />
<br />
#Each community rabbi needs to decide these sort of questions however in theory it is possible for the Mikva to remain open and allow women who aren't having symptoms or aren't quarantined to go to Mikva. They should be extra careful about hygiene and prepare completely at home, go to the Mikva where there is no contact with anyone besides a brief contact with the water which has chemicals for cleanliness. Then upon returning home there are poskim who allow the woman to take a shower when she gets home to clean herself off.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/950654/rabbi-hershel-schachter/piskei-corona-12-showering-after-the-mikvah/ Rav Hershel Schachter (Piskei Corona #12)], [https://www.torahanytime.com/#/lectures?v=105574 Rabbi Shay Tahan]. Rav Asher Weiss (March 29 2020) said it is obviously permitted to overlook the chumra of not showering when the woman returns from mikveh at these times.</ref><br />
# On Shabbat, if a woman goes to mikveh she can not take a hot shower when she gets back since turning on the hot water is causing cold water to enter the boiler and cook. Rather she should either decide to take a completely cold shower or delay the mikveh until Motzei Shabbat. She should also not decide not to take a shower at all because one shouldn't do something unsafe when there's an option to delay going to mikveh.<Ref>[https://www.yutorah.org/lectures/lecture.cfm/951538/rabbi-hershel-schachter/piskei-corona-26-showering-when-returning-home-from-the-hospital-or-the-mikvah-on-shabbos-or-yom-tov/ Rav Schachter (Piskei Corona #26)]</ref><br />
# On Yom Tov, according to those who are lenient to permit [[showering on Yom Tov]], when a woman returns from the mikveh should do so. Rav Schachter's opinion is that it is only permitted to take a shower on Yom Tov with water that is just hot enough to remove the chill from the water (less than lukewarm). If she decides she doesn't want to take such a shower, she should delay going to mikveh until after Yom Tov.<Ref>[https://www.yutorah.org/lectures/lecture.cfm/951538/rabbi-hershel-schachter/piskei-corona-26-showering-when-returning-home-from-the-hospital-or-the-mikvah-on-shabbos-or-yom-tov/ Rav Schachter (Piskei Corona #26)]</ref><br />
#The OU has established [https://www.ou.org/covid-19-and-the-mikvah-recommended-protocols/?utm_source=SilverpopMailing&utm_medium=email&utm_campaign=Mikvah%20Guidance%20(1)&utm_content=&spMailingID=32100310&spUserID=MTM2NTc0Mjg0NTYwS0&spJobID=1683098314&spReportId=MTY4MzA5ODMxNAS2 health guidelines] in order to allow a mikveh to remain open.<br />
#The RCBC also stated that Mikva's are remaining open for the time.<ref>[https://www.theyeshivaworld.com/news/featured/1839350/no-shul-yeshivas-shabbos-guests-levayos-shiva-vaad-harabanim-of-bergen-county-releases-letter.html RCBC letter on yeshivaworld.com]</ref><br />
#The men's mikveh's should be closed at this time. Even if a person is careful to go to mikveh each day he can fulfill this custom by taking a 5 minute shower.<ref>Rav Asher Weiss (Teleconference March 22 2020, min 12)</ref> See [[Preparations_for_Davening#Going_to_Mikveh]] for details.<br />
<br />
==Tevilat Kelim==<br />
<br />
#Each community should decide whether or not close the kli mikveh out of a safety concern. You can do the [[tevilat kelim]] in the ocean.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 5-9)], [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref><br />
#Alternatively, one can use tevilat kelim in the mikvah while wearing gloves, then throw out the gloves, wash off the kelim with soap and water. If the community has other procedures for safety one should observe them.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 5-9)], [https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 3-4)]</ref><br />
#As a last resort one can avoid tevilat kelim by giving the pots to a non-Jew and borrowing them back. One can rely on this until the virus passes.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 5-9)], [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]. [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal] said that one could rely upon this if there was no other option. [https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 14-16)] allows selling the kelim to a non-Jew. Rav Yosef Tzvi Rimon (teshuva dated Nisan 1 5780) recommended this.</ref> If one can't sell or gift the pots to a non-Jew oneself one can do so online through [https://nirshamti.co.il/e-%D7%98%D7%91%D7%99%D7%9C%D7%94/ Zomet].<br />
#Another option is for a person to declare the pots that need tevilat kelim to be ownerless (hefker) in front of 3 Jews. One has to have full intent that the pots are ownerless and if someone took them one would have no claim upon them. If these Jews can't be there in person it is sufficient if they are present through social media technology but they should be people who live in the neighborhood. They should then leave the pots outside their house for a few minutes so that if someone wanted to take them they could. <ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-1-Mar-24-2020.pdf Rav Hershel Schachter (Teshuva dated 28 Adar 5780 p. 1)], [https://itorah.com/daily-halacha/lecture/if-one-has-new-utensils-which-he-is-unable-to-immerse/3801 Rabbi Mansour]</ref> Others disagree.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 5-12)] said that one shouldn't use the solution to make the pots hefker since you're using the kelim. See Sefer Tevilat Kelim p. 84 based on Maharil Diskin. See S"A Harav 445:1 that hefker that isn't meaningful since you plan to reacquire it isn't a solution. However, Rav Elyashiv and Rav Soloveitchik allowed it in extenuating circumstances. Rav Asher Weiss (Minchat Asher Corona p. 72) writes that one should avoid using new pots and relying on this leniency to mafkir but in an extenuating circumstance one can rely on it.</ref><br />
#If there's are no solutions, some poskim would allow using the pots without tevilat kelim in this extenuating circumstance.<ref>Rav Asher Weiss (Teleconference, March 22 2020 11am), Rav Yosef Tzvi Rimon (Teshuva dated Nisan 1 5780)</ref><br />
#Regarding a seder plate and kos shel eliyahu requiring tevilah, see [[Tevilat Kelim]] page.<br />
<br />
==[[Brit Milah]]==<br />
<br />
#A Brit Milah can be done without a minyan since gatherings aren't safe.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
#A grandfather or someone else involved in a brit milah via zoom can recite the naming of the baby but he should not recite the bracha of asher kidash yadid mbeten.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951300/rabbi-hershel-schachter/piskei-corona-22-participating-in-a-simcha-via-zoom/ Rav Schachter (Piskei Corona #22)]</ref><br />
<br />
==Naming a Girl==<br />
<br />
#Although normally we try to name a baby girl at an aliya to the Torah, a person doesn't need a minyan in order to name a girl and under the circumstances should do so without delay.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Neventzal], [https://www.yutorah.org/lectures/lecture.cfm/950292/rabbi-hershel-schachter/piskei-corona-11-krias-shem-for-a-baby-girl/ Rav Schachter (Piskei Corona Teshuva #11)], [https://vimeo.com/399141271 Rabbi Moshe Heinemann] at about 16:45</ref><br />
<br />
==Bar Mitzvah's==<br />
<br />
#[https://www.torahanytime.com/#/lectures?v=105558 A message for Bar Mitzvah Boys in the Lockdown by Rabbi Pesach Krohn]<br />
#A bar mitzvah boy who missed the opportunity to read his parsha in shul when he became bar mitzvah'ed when it is next possible to go to shul he can add his parsha as a hosafa and read it then. Additionally, the haftorah can follow that hosafa.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards end)]</ref><br />
#The father of a Bar Mitzvah boy who couldn't layn should wait until he can do something that shows he's Bar Mitzvah like layn or daven as Shaliach Tzibbur to make such a bracha.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
<br />
==Weddings==<br />
<br />
#Ideally a wedding shouldn't be pushed off if both parties are ready even though it means having a tiny wedding.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal], [https://www.kimizion.org/maamar/5780_5784/keter.pdf (Keter Yitanu Lecha p. 38)]</ref><br />
#A rabbi should not officiate at a wedding that isn't abiding by the CDC guidelines of health because he is furthering unsafe practices.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards beginning)]</ref><br />
#It has been asked whether or not the poskim are more lenient this year regarding weddings during [[Sefira]] but the answer is that it is not determined because the situation is still unclear.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref> Some are lenient but it is best to schedule for [[Rosh Chodesh]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref><br />
#If in this dire situation it isn't possible to have a minyan, it is possible to have a wedding nonetheless without [[Sheva Brachot]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/951180/rabbi-hershel-schachter/piskei-corona-18-getting-married-with-less-than-10-men-present/ Rav Schachter (Piskei Corona #18)] explained that although it isn't possible to recite Sheva Brachot and seemingly they forbid the couple to each other without Sheva Brachot in this extenuating circumstance one can rely upon the opinion that the wedding is valid and they are permitted even without Sheva Brachot (see Nodeh Beyehuda EH 1:56). For birkat erusin certainly having a minyan isn't critical (Shulchan Aruch E.H. 34:4) although it is preferable and in this circumstance unnecessary. From Bet Shmuel 64:4 it appears to be a dispute between the Shulchan Aruch and Rama whether one is allowed to have a wedding at all if it is extremely difficult to get a minyan, the Rama being lenient. </ref><br />
#A minyan for [[sheva brachot]] can not be created via Zoom. Additionally, one can't recite a bracha of sheva brachot for the couple via Zoom.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951300/rabbi-hershel-schachter/piskei-corona-22-participating-in-a-simcha-via-zoom/ Rav Schachter (Piskei Corona #22)]</ref><br />
<br />
==[[Fast Days]]==<br />
<br />
#If the rabbis declare a half fast day until [[Chatzot]] according to Ashkenazim an individual can recite [[Anenu]] in Mincha Shemona Esrei<ref>Rama 562:1 writes that Ashkenazim hold that even for an incomplete fast one can recite anenu. Mishna Brurhah 562:48 references this Rama in discussing a fast that was accepted to fast until chatzot. The Mishna Brurah 562:7 cites a debate as to whether one should omit the words צום תעניתנו while reciting עננו in such a scenario as many poskim argue that a half fast is not considered a fast and therefore one would not want to risk speak falsely, particularly when he is speaking to Hashem.<br />
<br />
*[https://www.theyeshivaworld.com/news/israel-news/1841977/hagaon-harav-chaim-kanievsky-calls-to-fast-for-half-a-day-on-erev-rosh-chodesh.html Rav Chaim Kanievsky] declared a half fast on Erev Rosh Chodesh Nissan 5780.</ref> assuming he is still fasting when he prays Mincha.<ref>Mishna Brurah 562:6</ref> According to Sephardim one can only recite anenu if one fasts the entire day.<ref>Shulchan Aruch 562:10-11 holds that a incomplete fast is not considered a fast with respect to saying anenu. Therefore if one only fasts until chatzot one should not recite anenu.</ref><br />
#A person should accept the fast from the day before, as is traditionally done at mincha time. If one didn't do so, according to Sephardim one shouldn't recite anenu, but according to Ashkenazim one can recite anenu.<ref>Shulchan Aruch and Rama 562:5</ref><br />
<br />
==Mezuzah==<br />
<br />
#A person should not kiss any mezuzah, or any siddur or chumash of a shul or a public area at this time because of concern of spreading COVID19.<ref>[https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)], [https://www.jpost.com/israel-news/chief-rabbi-of-israel-due-to-coronavirus-stop-kissing-the-mezuzah-619753 Chief Rabbi Rabbi David Lau]</ref><br />
<br />
==Shalom Bayit==<br />
<br />
#It is critical to be mindful of other people when everyone is under stress and no one is completely comfortable. [https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Dr. Pelcovitz] discusses the implications quarantine can have Shalom Bayit.<br />
#It is forbidden for a couple to have [[tashmish]] at a night of famine<ref>Gemara Tanit 11a, Shulchan Aruch O.C. 240:12</ref> since everyone is in distress it is incumbent on everyone to take upon himself an aspect of distress.<ref>Mishna Brurah 574:9</ref> The same is true for any time of societal distresses.<ref>Rama 240:12 based on Yerushalmi Tanit. Olot Tamid 240:6 (cited by Kaf Hachaim 240:85) understands the Rama to apply to any type of tragedy that we would declare a fast over.</ref> Others disagree.<ref>Shaarei Knesset Hagedola (Hagahot Tur 240:5) writes that tashmish is only forbidden during a famine, plague of the crops, locusts and the like which cause a famine but not for other tragedies or troubles. Kaf Hachaim 240:85 rules like the Shaarei Knesset Hagedola either because that is the explanation of the Yerushalmi or we don't follow the Yerushalmi.</ref><br />
#It is permitted to have tashmish on mikvah night.<ref>Shulchan Aruch O.C. 574:11 writes that it is permitted for a couple to have tashish on mikva night. Mishna Brurah 574:11 cites the Magen Avraham who argues with Shulchan Aruch but then he cites the Bigdei Yesha and Nahar Shalom who are lenient and there's what to rely on to follow Shulchan Aruch. Mishna Brurah concludes that certainly one can be lenient at a time when it isn't a famine and it is just another time of distress in the world.</ref><br />
#It is permitted to have tashmish for a couple who didn't yet fulfill [[pru urevu]].<ref>Shulchan Aruch O.C. 240:12, 574:4, Mishna Brurah 240:47</ref> Once his wife is pregnant this leniency doesn't apply.<ref>Mishna Brurah 574:12</ref><br />
#If he has a strong yetzer hara and there is a concern of [[hashchatat zera]] it is permitted.<ref>Mishna Brurah 240:46</ref><br />
#There is what to rely upon to have tashmish at a time of war and there is no midat chasidut to be strict, especially for young couples even for someone who fulfilled pru urevu.<ref>Tzitz Eliezer 13:21</ref><br />
#During the time then the plague of corona virus is rampant in the world there is a lot to rely upon to have tashmish. Someone who wants to be strict can do so.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949166/rabbi-ally-ehrman/is-tashmish-hamitta-permitted-during-the-coronavirus-pandemic-/ Rabbi Ehrman on yutorah]. Rav Asher Weiss (Zoom Conference, March 22 2020, 11am, min 15) was lenient he said that the situation presently isn't one that rises to the level where we need to declare a fast. Also, since domestic violence recently has been on the rise because of the quarantines one shouldn't be strict in this area. </ref><br />
<br />
==Laid off Workers Because of Corona==<br />
<br />
#If there's a employee that is unable to work because of a societal or national crisis the employees should continue to be paid by the employers according to many opinions or at least they should make a compromise.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949287/rabbi-michoel-zylberman/coronavirus-and-laid-off-employees/ Rabbi Zylberman on yutorah]. Mordechai b"m 343 writes that if there's a decree in the town that the teachers can't teach the teachers should still be paid. Rama C.M. 321:1 cites this Mordechai and applies it to any worker in 334:1. The Sama 334:2 argues with the Mordechai and holds that since the employee can't work and both aren't at fault and both couldn't foresee this the employer is exempt. Netivot 334:1 limits the idea of the Mordechai to a teacher and not other employers since a teacher is paid for sachar betela (see [[Laws_of_Learning_Torah#Taking_Money_for_Learning_and_Teaching_Torah]]). Shach 334 holds that this opinion of the Mordechai only applies if majority of the town ran away because of a crisis but if only a minority runs away then the employee isn't entitled to payment. Aruch Hashulchan 334:10 has another approach. If the situation prevents the worker from working then he is entitled to pay but if he runs away then he isn't. Rabbi Zylberman explained from Mishpat Poalim we think that this is a case of Hamotzei Mchavero Alav Harayah, whoever is holding onto the money can claim that he is exempt from paying or returning the money. Rav Asher Weiss in Minchat Asher 2:106 says that they should make a compromise, and Rav Bleich ([https://www.sefaria.org/Contemporary_Halakhic_Problems%2C_Vol_IV%2C_Chapter_XIV_The_Intifada_and_the_Gulf_War.35?lang=bi&with=all&lang2=en Contemporary Halachic Problems v. 4]) thinks that we follow the Rama. Once the Chatom Sofer had a case in his town and he felt that they should pay but he couldn't force everyone to pay it so he told them to pay half. Rav Yona Reiss had a case where they made a compromise. <br />
<br />
*Rav Asher Weiss (Zoom Conference, March 22 2020, 11am, min 21-25) thought that one should compromise and give the workers who aren't working 30% of their pay. This applies Jewish and non-Jewish workers. This is based on the Rama and Sama CM 221. As for the day schools and daycares that are closed and not providing services one theoretically should be exempt. Since it might be devastating to the schools one needs to wait until the government makes a decision. Either way, we should wait until there is a major decision from the government or authorities and follow that. Until then for the schools we should pay so that the teachers can have a salary for their [[parnasa]].</ref><br />
#This applies to contractors for cancelled events as well.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949287/rabbi-michoel-zylberman/coronavirus-and-laid-off-employees/ Rabbi Zylberman on yutorah]</ref><br />
#If someone rented out an apartment to someone and then he wants to retract because of a concern that the potential tenants have the virus, some say that it is forbidden to back out of the contract.<ref>[http://kol-barama.co.il/item/%D7%A4%D7%99%D7%A7%D7%95%D7%97-%D7%A0%D7%A4%D7%A9-%D7%A7%D7%95%D7%A8%D7%95%D7%A0%D7%94-%D7%A2%D7%A4%D7%99-%D7%94%D7%94%D7%9C%D7%9B%D7%94/ Rav Yakov Sinai] based on Rama in teshuva, Shach CM 312 and other sources</ref><br />
<br />
==[[Bikur Cholim]]==<br />
<br />
#A person doesn't have to and shouldn't visit someone who has a virus that contagious such as corona.<ref>[http://kol-barama.co.il/item/%D7%A4%D7%99%D7%A7%D7%95%D7%97-%D7%A0%D7%A4%D7%A9-%D7%A7%D7%95%D7%A8%D7%95%D7%A0%D7%94-%D7%A2%D7%A4%D7%99-%D7%94%D7%94%D7%9C%D7%9B%D7%94/ Rav Yakov Sinai (min 3)] explains that although the Rama in a teshuva and Knesset Hagedola hold that one should visit the sick even if they have a contagious disease, the Shulchan Gavoha and others disagree and that is the halacha.</ref><br />
#A person fulfills the mitzvah of bikur cholim on the phone according to many poskim.<ref>[https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Shlomo Aviner (Keter Yitnu Lecha p. 34)] citing Igrot Moshe YD 1:223 and Tzitz Eliezer 8:5. Rav Aviner added that the main idea of bikur cholim is to do what is best for the patient and in our context that is to call.</ref><br />
# Someone who is praying for a mortally ill patient to get better and doesn't know if he is still alive should pray for his well-being and not specifically for him to get better.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951537/rabbi-hershel-schachter/piskei-corona-25-davening-for-the-sick/ Rav Schachter (Piskei Corona #25)]</ref><br />
<br />
==Burial and Mourning==<br />
===Burial===<br />
#Each place should follow the guidelines that are in place for safety. If a minyan isn't possible, then the next thing that is to try to have is Jews doing the burial. If they don't even let that, then afterwards a Jew should check that the burial by the non-Jews was done properly in the ground.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 26-8)]. [https://www.yutorah.org/sidebar/lecture.cfm/951298/rabbi-hershel-schachter/piskei-corona-20-tahara-for-meisim/ Rav Schachter (Piskei Corona #20)] said that they should specifically have as few people as possible for the burial and maybe just the workers and that too fulfills the mitzvah of burial.</ref> It is forbidden to cremate and it is still considered not dangerous to properly do a burial with no tahara and minimal involvement of the fewest people or simply the cemetery workers.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951298/rabbi-hershel-schachter/piskei-corona-20-tahara-for-meisim/ Rav Schachter (Piskei Corona #20)]</ref><br />
#At this time the chevra kadisha should not perform a tahara for the deceased since it could lead to danger.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951298/rabbi-hershel-schachter/piskei-corona-20-tahara-for-meisim/ Rav Schachter (Piskei Corona #20)]</ref><br />
# A person who was buried in America because of the corona virus but was planned to be buried in Israel can later when the virus isn't an issue be reburied in Israel, even though generally we don't rebury someone who was buried.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)]</ref> See the topic of [[Laws_and_Customs_of_a_Funeral#Under_What_Circumstances_is_it_Permitted_to_Move_Someone_Buried.3F|reburying a corpse]] in general.<br />
<br />
===Kriyah===<br />
#The rabbi could do the [[Kriyah]] for the mourner with gloves and a mask or he can simply tell the mourner to do it.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Willig (min 29)]</ref><br />
===Avelut===<br />
# A person who is no going to be involved in the burial anymore because the deceased was given to the chevra kaddisha then he is not considered an [[Onen]] anymore and should begin [[Avelut]] (mourning). However, if he is going to call relatives to tell them about the levaya then he is still an [[Onen]].<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)]</ref>. If he is going to watch the burial with Zoom or listen on the phone it is unclear if he is still an Onen.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)] isn't certain if a person involved in the burial merely because he is watching via Zoom is still considered an Onen. [https://www.yutorah.org/sidebar/lecture.cfm/839779/rabbi-asher-bush/%d7%94%d7%aa%d7%97%d7%9c%d7%aa-%d7%90%d7%91%d7%99%d7%9c%d7%95%d7%aa-%d7%9c%d7%9e%d7%99-%d7%a9%d7%90%d7%99%d7%a0%d7%95-%d7%a0%d7%9e%d7%a6%d7%90-%d7%91%d7%a7%d7%91%d7%95%d7%a8%d7%aa-%d7%90%d7%91%d7%99%d7%95-%d7%95%d7%9e%d7%a9%d7%aa%d7%aa%d7%a3-%d7%a2-%d7%99-%d7%94%d7%98%d7%9c%d7%a4%d7%95%d7%9f/ Rav Asher Bush] wrote based on MPeninei Harav p. 202 that he considers someone phoning into a burial to not be an Onen unless they're going to ask him questions about the burial.</ref><br />
# On [[Erev Pesach]] if someone is buried before [[Chatzot]] (midday) the relatives should observe [[Avelut]] (mourning) before Chatzot and then at Chatzot it is considered like a Yom Tov and the rest of the [[Shiva]] is cancelled. If the person is buried after [[Chatzot]] they should observe Avelut before Yom Tov and then the Yom Tov will come and cancel the rest of [[Shiva]].<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)]</ref><br />
# A mourner shouldn't eat his first meal after the burial, the [[Seudat Havrah]], from his own food; other should provide that food. If at this time when people are concerned for COVID19 and might not send food, if the mourner knows that he isn't going to be sent food, he can eat the first meal from his own food.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)]</ref><br />
<br />
===Kaddish and Iyluy Neshama===<br />
# Under the circumstances a person can not recite the kaddish because minyanim aren't available. Therefore, a person should take upon himself to learn mishnayot for the deceased.<Ref>Rav Asher Weiss (Minchat Asher Corona pp. 58-9)</ref><br />
See [[Practices_in_the_Mourner%27s_House#Iyluy_Neshama]] and [[Kaddish]] pages.<br />
<br />
==[[Kibbud Av Vem]]==<br />
<br />
#If one's parents ask him to do something which the department of health has deemed unsafe a person should not listen to his parents in such a case and that isn't a breach of Kibbud Av Vem.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-2-Mar-25-2020.pdf Rav Schachter (Teshuva Adar 29 5780)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
<br />
==Violating Shabbat for [[Pikuach Nefesh]]==<br />
'''On Shabbat or Yom Tov, if anyone has any concern whatsoever that they are in serious danger because of deteriorating health, they should immediately call a doctor or [[Going_to_and_Staying_in_the_Hospital_on_Shabbat|go to the hospital]].'''<br />
#It is a well established halacha that it is not only permitted but even a mitzvah to violate [[Shabbat]] in order to safe a life or to remove a situation that presents even a slight chance of danger.<ref>Shulchan Aruch O.C. 328:13</ref> The question is how to define the threshold of danger.<ref>[http://nleresources.com/2020/03/rav-asher-weiss-coronavirus-in-halacha/#.XnoNOIjYrIU Rav Asher Weiss (March 15 2020, min 18-22) to Beit Midrash Gavoha] explained that the definition of danger in order to violate Shabbat isn't defined by statistics. For vaccinations we assume that it is a sakana not to vaccinate even though the odds of dying because of the measles is low. Since it is preventable it is incumbent upon us to vaccinate. He concludes that as long as it is a natural phenomenon and there is an action that we can do to prevent deaths we must do so.</ref><br />
#In certain cases of emergency regarding corona virus it would be allowed to violate Shabbat.<ref>[https://www.theyeshivaworld.com/news/headlines-breaking-stories/1841156/harav-zilberstein-answer-telephone-on-shabbos-if-awaiting-results-of-coronavirus-test.html Rav Zilberstein] allowed a patient to answer the phone on Shabbat with a [[shinuy]] only to hear the results of a test and answer questions for epidemiological investigation. If the test results that show that a patient has the virus are produced on Shabbat it is incumbent for the health department to deal with the quarantine then and it is permitted to answer the phone for that.</ref> Obviously every single case is different and one should learn the laws of Pikuach Nefesh from a rabbi in advance.<br />
#If a person is discharged from the hospital on Shabbat and they need him to leave because of the lack of space that they have because of the numbers of people who are ill, his family member can drive to get him. They should do a [[Shinuy]] when turning on the car like turning the key with one's weaker hand, or pressing the button on the key with one's knuckle. Also, when turning off the car one should use a Shinuy.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950282/rabbi-hershel-schachter/piskei-corona-6-pikuach-nefesh-on-shabbos/ Rav Schachter (Piskei Corona #6)]</ref><br />
==Doctors Working in the Hospital==<br />
#Regarding the larger issue of halachic triage see [https://www.yutorah.org/lectures/lecture.cfm/951531/rabbi-hershel-schachter/piskei-corona-15-triage-in-medical-decisions-updated-/ Rav Schachter (Piskei Corona #15 Updated)]. Here is a relevant [https://docs.google.com/document/d/1CtQ_XHzQarzg_0PEQODCO1ATKlM_cEmvPsXa8kdpgJA/edit sourcesheet on Halachic Triage]. [https://aiayk.org/pesachaudio/ Rav Asher Weiss (Teleconference April 6 2020, min 5-15)] discusses triage in halacha and what doctors should do.<ref>Rav Asher feels that there are only two factors that we consider for halachic triage: give precedence to someone who is in immediate danger, and give treatment to whoever has a better chance for survival. Age or spiritual need for the community are not factors for precedence. <br />
* Rav Asher says that for choleh shebifanenu the knowledge that another choleh is going to come in soon is considered pikuach nefesh if will with certainty be helpful. Therefore, if an older patient comes into the hospital but they know a younger patient is going to come in, they can consider them as though they came in together and treat according to who is in immediate danger and who has the better chance to live. Rav Schachter felt the same way in his teshuva.<br />
* If a hospital has a certain regulation, does he need to disregard the hospital protocols? Rav Asher Weiss felt that the doctors should not disregard hospital protocol, for multiple reasons but partly because if he doesn't he'll lose his license and having more able doctors at this time is pikuach nefesh. </ref><br />
# A doctor may and is encouraged to perform a life saving procedure if he is wearing the correct protective gear.<ref>[https://aiayk.org/pesachaudio/ Rav Asher Weiss (Aguda Teleconference, April 6, 2020, min 18-22)] explains that you can’t put yourself in danger. However, you can if you’re saving someone from an immediate danger and you’re putting yourself in minimal danger then it is a middat chasidut to do so. Therefore, a doctor should do mechanical ventilation CPR on a COVID19 patient if he has the correct protective gear.</ref><br />
# A doctor returning from the hospital on Shabbat and needs to shower for health reasons so as not to catch the corona virus on his body or clothing, may do so. If he can manage with a cold shower, he should do so. If he can't, he may turn on the hot water with a [[shinuy]].<Ref>[https://www.yutorah.org/lectures/lecture.cfm/951538/rabbi-hershel-schachter/piskei-corona-26-showering-when-returning-home-from-the-hospital-or-the-mikvah-on-shabbos-or-yom-tov/ Rav Schachter (Piskei Corona #26)]. See there for how he distinguishes this from the woman returning from the mikveh on Shabbat.</ref><br />
<br />
==[[Mesira]] and Rodef==<br />
<br />
#If your doctor actually ascertains that there is a sakanat nefashot, mortal danger, involved with a certain large gathering that someone is doing then it is permitted to tell the authorities. However, otherwise it is forbidden because of informing upon another Jew ([[mesira]]). This can be a very difficult measure to actually properly assess.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Willig (min 41)]</ref><br />
#Some hold that if a person is supopsed to be in quarentine and they are not they are considered a rodef. However, obviously one should first speak to him and convince him to do what is safe.<ref>[https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 36)] citing Rav Zilberstein</ref><br />
<br />
==Links==<br />
<br />
*[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal Q&A about Corona]<br />
*[https://rabbidunner.com/coronavirus-qa-with-rav-hershel-schachter/ Transcription of Q&A with Rav Schachter by Rabbi Dunner]<br />
*[https://www.theyeshivaworld.com/news/featured/1839350/no-shul-yeshivas-shabbos-guests-levayos-shiva-vaad-harabanim-of-bergen-county-releases-letter.html RCBC letter calling for the closing of Shuls and Schools]<br />
*[http://www.torahweb.org/ TorahWeb] hosts many resources for Corona halacha including Rav Schachter's Teshuvot<br />
*[http://www.kolcorona.com/ KolCorona.com] a Torah resource, initiated by Rabbi Reuven Taragin, for those affected by Corona<br />
<br />
==Sources==<br />
<references /><br />
[[Category:Orach Chaim]]</div>YitzchakSultanhttps://halachipedia.com/index.php?title=Medical_Ethics&diff=25499Medical Ethics2020-04-07T15:15:01Z<p>YitzchakSultan: /* Kidney Donation */</p>
<hr />
<div>==Donating Blood==<br />
# It is permissible and a mitzvah to donate blood because it is used to save lives.<Ref>[https://www.torahanytime.com/#/lectures?v=82369 Rav Yitzchak Yosef (Motzei Shabbat Kedoshim 5779 min 1)]</ref><br />
==Kidney Donation==<br />
# Since kidney donations aren't so dangerous they are permitted and encouraged.<ref>See Yachava Daat 3:84, Tzitz Eliezer 9:45, Minchat Yitzchak 5:7. Similarly, [https://aiayk.org/pesachaudio/ Rav Asher Weiss (Aguda Teleconference, April 6, 2020, min 20-22)] stated that donating a kidney isn’t risk free but it is minimally dangerous and it is life saving and therefore it is a middat chasidut to do it.</ref><br />
<br />
==Heart Transplant==<br />
# A heart transplant isn't allowed since it is a major dispute if taking a live heart is considered killing the donor.<Ref>[https://www.torahanytime.com/#/lectures?v=82369 Rav Yitzchak Yosef (Motzei Shabbat Kedoshim 5779 min 10)]</ref><br />
<br />
==Sources==<br />
<references/></div>YitzchakSultanhttps://halachipedia.com/index.php?title=Medical_Ethics&diff=25498Medical Ethics2020-04-07T15:14:30Z<p>YitzchakSultan: /* Kidney Donation */</p>
<hr />
<div>==Donating Blood==<br />
# It is permissible and a mitzvah to donate blood because it is used to save lives.<Ref>[https://www.torahanytime.com/#/lectures?v=82369 Rav Yitzchak Yosef (Motzei Shabbat Kedoshim 5779 min 1)]</ref><br />
==Kidney Donation==<br />
# Since kidney donations aren't so dangerous they are permitted and encouraged.<ref>See Yachava Daat 3:84, Tzitz Eliezer 9:45, Minchat Yitzchak 5:7. Similarly, [https://aiayk.org/pesachaudio/ Rav Asher Weiss (Aguda Teleconference, April 6, 2020, <br />
Min 20-22)] stated that donating a kidney isn’t risk free but it is minimally dangerous and it is life saving and therefore it is a middat chasidut to do it.</ref><br />
<br />
==Heart Transplant==<br />
# A heart transplant isn't allowed since it is a major dispute if taking a live heart is considered killing the donor.<Ref>[https://www.torahanytime.com/#/lectures?v=82369 Rav Yitzchak Yosef (Motzei Shabbat Kedoshim 5779 min 10)]</ref><br />
<br />
==Sources==<br />
<references/></div>YitzchakSultanhttps://halachipedia.com/index.php?title=Halachot_Related_to_Coronavirus/COVID-19_Pandemic&diff=25497Halachot Related to Coronavirus/COVID-19 Pandemic2020-04-07T15:07:29Z<p>YitzchakSultan: /* Pesach Davening */</p>
<hr />
<div>[[Image:3D medical animation corona virus.jpg|right|300px]]<br />
All rabbinim agree that one should be cautious with all the health guidelines and social distancing<ref>[https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 34)] interestingly describes the sources in general about the Jewish view on handshaking and whether it is a [[Chukot Hagoyim]]. The poskim hold that in it isn't however, at this time it is forbidden because of the health concerns.</ref> set up by the government and other local institutions in order to stay safe and help prevent getting others sick.<ref>[https://www.torahanytime.com/#/lectures?v=104843 Rav Yitzchak Yosef], [http://www.torahweb.org/torah/docs/rsch/RavSchachter-with-doctors_Mar-15-2020.pdf Rav Hershel Schachter], Rav Asher Weiss (Teleconference March 22 2020), [https://www.ou.org/covid19/ OU (March 20 2020)], [https://www.torahanytime.com/#/lectures?v=106099 Rav Shmuel Fuerst (min 53)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal], [https://www.jpost.com/israel-news/leader-of-ultra-orthodox-world-calls-for-lone-prayer-due-to-coronavirus-622805 Rav Chaim Kanievsky], [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Shlomo Aviner (Keter Yitnu Lecha p. 34)], and RCBC letters. An article on [https://www.kikar.co.il/abroad/354170.html kikar.co.il] describes how the gedolim are currently davening privately including: the Gerre rebbe, Rav Shalom Kohen, Rav Gershon Edelstein, Rav Moshe Shternbuch, Rav Yitzchak Yosef, Sanser Rebbe, Rav Bakshi Doron, Rav Dovid Yosef, Bavian Rebbe, and Rav Sheiner.<br />
<br />
*Endangering Oneself to Learn Torah: Ketubot 77b records and praises the practice of Reish Lakish to teach Torah to those ill with tzarat, some translate as leprosy, even though it is contagious. The gemara explained that he did so out of his love for Torah. Daf Al Hadaf cites Mishnat Pikuach Nefesh 69:7 who asks how Reish Lakish could endanger himself and rely on a miracle. He answers that the disease he was concerned with was only dangerous to health but not life threatening.</ref> Coronavirus, as it causes a serious health threat to some people, inhibits any social gatherings and semachot, and has severely damaged the economy and livelihood of certain people, poses a serious challenge to everyone. We all need to daven and take advantage of the circumstances in order to best serve Hashem. As a thoughtful Jew, it is incumbent upon a person to take to heart some important lessons of life and re-strengthen himself in his commitments. <ref>Rambam Taniyot 1:1-3, [https://www.torahanytime.com/#/lectures?a=105844 Rav Reuven Epstein] emphasizes that we need to take a lesson from corona since it overtly a hardship for Jews and humanity and a sign from Hashem. [https://www.yutorah.org/lectures/lecture.cfm/949185/rabbi-menachem-penner/shema-everything-is-from-hashem/ Rabbi Penner] discussed how we can revitalize our strength in mitzvot at this time based on better appreciating the lessons of Shema. Rav Asher Weiss (Teleconference March 22, 2020) introduced his shiur by discussing how we can strengthen our commitment to [[Ben Adam Lchavero]]. [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha)] wrote many lengthy pieces on the hashkafic questions related to COVID19.</ref> Additionally, on a practical level, COVID19 has many implications for people, and below is a small collection of the relevant halachot.<br />
<br />
==[[Tefillah]]==<br />
When davening at home one should be cognizant of the following ideas:<br />
<br />
#The best time to pray is Netz. According to many poskim this is equivalent to praying with a minyan.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz], Laws of Praying Beyachid (Adar 5780) by Rabbi Yonatan Nacson p. 1 citing Yalkut Yosef 89:1</ref><br />
#A person should daven in a [[makom kavuah]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] and [https://www.star-k.org/videos.php Rabbi Moshe Heinemann around minutes 5-7]</ref><br />
#A person should daven in front of a wall so that there's no distractions in front of him.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]</ref><br />
#A person can and should daven near a window that serves as a means of being inspired to look towards heaven.<ref>Shulchan Aruch 90:4 writes that there should be windows in a place where one davens. [https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] suggested that the same should be done for when we daven at home to daven in a place where there is a window.</ref><br />
#A person can daven [[Shemona Esrei]] aloud if it helps his kavana. It also serves as a role model for children.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]</ref><br />
#A person shouldn't daven in a room that is usually used for frivolity.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]</ref><br />
#A person shouldn't daven in front of an open bathroom.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]</ref><br />
#At a time of a plague such as our times it is advisable to say [[ketoret]] which has the power to end a plague.<ref>Laws of Praying Beyachid by Rabbi Nacson p. 2, [https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] citing Rabbi Akiva Eiger teshuva 71</ref><br />
#According to some, at this time a person should recite Avinu Malkenu in [[Shacharit]] and [[Mincha]],<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] quoting Rav Schachter</ref> while others emphasize how one must focus on Teshuvah and reciting all parts of the regular seder haTefillah first.<ref>[https://www.torahanytime.com/#/lectures?v=104864 Rav Bention Mutzafi (55:10)]</ref> Avinu Malkenu should not be recited during [[Nissan]].<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal] stated that one should not recite Avinu Malkenu during Nissan. See Divrei Yatziv OC 75 for different minhagim about saying Avinu Malkenu during Nissan. See discussion page.</ref><br />
#Eating a meal before davening when the time comes to daven a certain tefillah should be avoided since generally we are lenient about this since we go to established minyanim but for when that isn't possible we should be more strict about this.<ref>Mishna Shabbat 9b, [https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]. [https://www.star-k.org/videos.php Rabbi Moshe Heinemann] around minutes 5-7 says that if one sets an alarm, that should be sufficient</ref> See details here about [[Eating before Davening| eating]] and [[Other Activities before Davening| doing activities before davening]].<br />
#When davening as a family, in a temporary fashion, some hold that it isn't necessary to have a [[mechitza]] and the men and women can simply daven on different sides of the room.<ref>Igrot Moshe 5:12:1 writes that regarding a Shabbos Sheva Brachos since it is just the family and it is a temporary situation no mechitza is necessary.</ref> See [[Mechitza]] for more details.<br />
#A person shouldn't forget to recite [[Birkat Halevana]] by themselves when they see the moon. It can be said from indoors. See [[Birkat Halevana]] page for details.<br />
<br />
===Parts of Davening to Skip===<br />
<br />
#On Friday night an individual doesn't recite [[Shabbat_Davenings#Me.27ayn_Sheva |Magen Avot]] after Shemona Esrei of Maariv.<ref>Laws of Praying Beyachid p. 10 citing Shulchan Aruch O.C. 268:8</ref> However, one should recite Vayechulu.<ref>[https://vimeo.com/399141271 Rabbi Moshe Heinemann] at around 24:45. At around 34 minutes, he clarifies that this can be done even by yourself, though normally we try to say it with at least two </ref><br />
#One doesn't recite [[Baruch Shemey]] when praying by oneself since it is part of the activity of removing the Sefer Torah.<ref>Mishna Brurah 134:13</ref><br />
<br />
==Minyan via Porches or Technology==<br />
<br />
#It is forbidden to have a minyan in person whether it is in a shul, shteibel, home, or backyard.<ref>[https://www.ou.org/covid19/ OU]. [https://www.yutorah.org/lectures/lecture.cfm/950656/rabbi-hershel-schachter/piskei-corona-14-forming-a-minyan-outside/ Rav Schachter (Piskei Corona #14)] writes that a person shouldn't try to make a minyan on his lawn spread out even if there's a small remote chance of spreading the virus. He also held that making a minyan with ten people standing on different balconies or porches doesn't count as a minyan. [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)] writes that certainly a person should not attend a minyan because of the danger and one may not rely on the zechut of a minyan to protect him, one needs to be safe. </ref><br />
#If there ten people standing on their own porches and can see one another, some say that one can not create a minyan in such a manner, while others hold that one can.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950656/rabbi-hershel-schachter/piskei-corona-14-forming-a-minyan-outside/ Rav Schachter (Piskei Corona #14)] holds that it isn't a valid minyan. However, Rav Shternbuch (teshuva Nissan 8 5780) held that it is a valid minyan. To satisfy all the opinions the shaliach tzibur should have in mind that when he does chazarat hashatz that he could be praying a voluntary tefillah. They can't join if they're across the street and within ten tefachim of the ground. The shaliach tzibur needs to be able to see everyone. For kriyat hatorah that is done with porches initially one should call up the baal koreh or anyone on his porch, then one can even call up to an aliya someone on another porch as long as he can hear the baal koreh. The kohanim should leave before retzah because they can't say birkat kohanim. Someone davening alone doesn't have to hear kriyat hatorah since it is an obligation of the community and not individual. Rav Asher Weiss (Teleconference with Aguda, April 2 2020) was also inclined to hold that it is possible to make a minyan with people on porches who can see each other.<br />
<br />
*Mishna Brurah 55:48 based on Rashba responsa 1:96 holds that one can learn from the laws of zimmun that if people can see each other they can join for minyan.</ref><br />
#You can't create a minyan with a video (e.g. zoom or skype) or phone call but one can join a minyan of ten men in one room with a video or phone call in order to answer [[dvarim shebekedusha]].<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)], Rabbi Nacson in Laws of Praying Beyachid p. 4 based on Yalkut Yosef 5775 ed Yamim Noraim p. 17, Yabia Omer 1:19:18, Chazon Ovadia Purim p. 56</ref><br />
#It isn't considered a minyan for people to join together to daven on a video conference but it is still somewhat spiritually valuable.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)]</ref><br />
<br />
===Answering [[Amen]]===<br />
<br />
#Even if there is a time delay between the person reciting the bracha and the one answering it that wouldn't be considered an [[Amen Yetoma]].<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)], [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)], Rabbi Nacson in Laws of Praying Beyachid p. 4 based on Yalkut Yosef 5775 ed Yamim Noraim p. 17, Yabia Omer 1:19:18, Chazon Ovadia Purim p. 56</ref><br />
<br />
===Megillah===<br />
<br />
#There is a major dispute if a person could fulfill their mitzvah of listening to the megillah on the phone or through watching a live streamed video. Some rabbanim advised this,<ref>Rav Schachter cited by [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)] and Rav Aviner agreed.</ref> while others hold that one can't fulfill one's mitzvah at all.<ref>Rav Dovid Feinstein cited by [http://podcast.headlinesbook.com/e/coronavirus-what-the-halacha-tells-us/ Rabbi Fink] and [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)]</ref> See this topic explained more fully here: [[Brachot_Through_a_Microphone]].<br />
<br />
==Netilat Yadayim==<br />
<br />
#If a person wants to wash his hands with soap and wash [[Netilat Yadayim for a meal]], one should first wash Netilat Yadyaim for the meal, dry the hands, recite the bracha, and then wash one's hands with soap and then recite the Hamotzei.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Willig (min 30-34)]</ref><br />
<br />
==Shabbat Davening==<br />
===Friday Night===<br />
#Although the reason for reciting Shalom Alechem on a Friday night is that the angels accompany you home from shul and you welcome them to your home, if one was unable to attend shul on a Friday night, he would still sing Shalom Alechem.<ref>[https://vimeo.com/399141271 Rabbi Moshe Heinemann] at around 28:30 in the name of Rav Moshe Feinstein, because Hashem will not punish you by not sending the angels when you weren't able to attend</ref><br />
===Davening for the Sick===<br />
# It is generally prohibited to daven on Shabbat for our needs or for the well-being of a sick person. However, if the person is in a state of mortal danger one may daven for his well-being on Shabbat.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951537/rabbi-hershel-schachter/piskei-corona-25-davening-for-the-sick/ Rav Schachter (Piskei Corona #25)]</ref> See [[Shabbat_Davenings#Personal_Requests]] for all of the details of this topic.<br />
<br />
===[[Kriyat Hatorah]]===<br />
#A person who is at home and can't be at shul should nonetheless read the parsha from a chumash between Shacharit and Mussaf as a way of remembering the concept of kriyat hatorah. He can use that reading as part of his reading of [[Shenayim Mikra Vechad Targum]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] quoting Rabbi Willig. [https://www.star-k.org/videos.php Rabbi Moshe Heinemann] around minutes 7-10 agrees that you should do so on Shabbat, but that it is not necessary on Monday and Thursday. </ref> Some think this doesn't accomplish anything.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950291/rabbi-hershel-schachter/piskei-corona-8-krias-hatorah/ Rav Schachter (Piskei Corona #8)]</ref><br />
#When the congregation misses a kriyat hatorah they can make it up by reading two parshiyot next week in Shul. However, if they miss multiple weeks there is a discussion if they should or could make up all of the parshiyot that they missed.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] based on Rama and Magen Avraham</ref><br />
#A person should not move a sefer torah out of a Shul for a home minyan.<ref>[https://drive.google.com/file/d/14IUOs2OOMhloqYwnbv3iKGrWS6GbYGId/view?usp=drivesdk Rabbi Yonatan Nacson in Laws of Praying Byachid (p. 10)] citing Rav Asher Weiss</ref> See [[Respecting_a_Sefer_Torah#Transporting_a_Sefer_Torah]] for more details.<br />
#There still is an obligation of [[Shenayim Mikra Vechad Targum]] when the there is no congregation doing the Kriyat Hatorah in shul.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950291/rabbi-hershel-schachter/piskei-corona-8-krias-hatorah/ Rav Schachter (Piskei Corona #8)</ref><br />
#One doesn't recite [[Baruch Shemey]] when praying by oneself since it is part of the activity of removing the Sefer Torah.<ref>Mishna Brurah 134:13</ref><br />
===Anim Zemirot===<br />
# A person davening alone doesn't have to recite Anim Zemirot.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951536/rabbi-hershel-schachter/piskei-corona-24-anim-zmiros-without-a-minyan/ Rav Schachter (Piskei Corona #24)] explains that anim zemirot was instituted only for a minyan, and according to Rav Soloveitchik was considered a [[dvar shebekedusha]].</ref><br />
<br />
==[[Hagomel]]==<br />
<br />
#A person who was quarantined and got out of quarantine doesn't recite Hagomel since they were in no danger.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
#A person needs to recite [[hagomel]] in front of a [[minyan]] of ten men. Some suggest that this can be recited before ten people listening on a video or phone call and can answer amen. Even though they aren't present, the minyan in this context is purely to publicize the idea so it is permissible.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)]</ref> Others disagree and as long as the minyan isn't in the same room one can not recite hagomel.<ref>Divrei Dovid 4:3</ref><br />
#According to Ashkenazim, if a person is ill with a sickness to the point that he is a choleh sheyesh bo sakana, a concern of mortal danger, he should recite Hagomel, but if he less sick than that there is no need to recite Hagomel.<ref>Rama 219:8, [http://nleresources.com/2020/03/rav-asher-weiss-coronavirus-in-halacha/#.XnoNOIjYrIU Rav Asher Weiss (March 15 2015, min 11)]</ref> Sephardic tradition is to recite Hagomel anytime someone was sick in bed such as with a flu or bad cold even for a short period of time.<ref>[https://itorah.com/global-search/birkat%20hagomel Rabbi Mansour ("Saying Birkat Hagomel Within 3 Days and Laws of Birkat Hagomel Following A Sickness")]</ref><br />
<br />
==[[Bedikat Chametz]] and [[Biur Chametz]]==<br />
<br />
#A person should do bedikat chametz after praying by oneself at Tzet Hakochavim and then immediately begin the bedika. They should not have a meal within a half hour of the bedika.<ref>[https://www.torahanytime.com/#/lectures?v=106099 Rav Shmuel Fuerst (min 1-5)],[https://www.yutorah.org/sidebar/lecture.cfm/950401/rabbi-dan-cohen-rabbi-meir-gavriel-elbaz/pesach-prep-simplified/ Rav Meir Elbaz (min 17-8)]</ref><br />
#Because one can't do a large communal Chametz burning because gatherings aren't safe and even doing it with a few people at a time can look to non-Jews as unsafe. Rather one should just do biur chametz with a Kezayit by flushing it down the toilet.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-3-Mar-26-2020.pdf Rav Herschel Schachter (teshuva Rosh Chodesh Nissan 5780)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]. [https://www.jpost.com/Israel-News/Chief-Rabbis-Dont-leave-home-to-burn-chametz-for-Passover-623072 Rav Yitzchak Yosef and Rav David Lau] said that one should not go outside to burn chametz or kasher pots.</ref><br />
#A person should sell chametz in the house or office if he left there before he had the chance to do a bedikat chametz. By selling the chametz there he is absolving himself of having to do bedikat chametz.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/950401/rabbi-dan-cohen-rabbi-meir-gavriel-elbaz/pesach-prep-simplified/ Rav Elbaz (min 26)], Rav Asher Weiss (Teleconference, March 29 2020 11am)</ref><br />
<br />
==Selling [[Chametz]]==<br />
<br />
#If a person doesn't usually [[sell chametz]] and is afraid that if he doesn't sell chametz one year he isn't going to have food afterwards he can sell his chametz. He wouldn't require a [[hatarat nedarim]].<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (min 20)], [https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 9-11)]. [http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-3-Mar-26-2020.pdf Rav Herschel Schachter (teshuva Rosh Chodesh Nissan 5780)] explained the reason why the hatarat nedarim isn't necessary. [https://vimeo.com/399141271 Rabbi Moshe Heinemann] at around 46:45 agrees that if there is a big loss one can be lenient and sell chametz and it would not require hatarat nedarim, although he isn't so sure that it would be a big loss to an individual.</ref><br />
#A person can sell his chametz on the phone or online and if possible a kinyan can be made virtually in order to appoint the rabbi to sell the chametz. The kinyan would take place as follows: the rabbi would ask if there's someone standing next to the one who wants to appoint the rabbi and if there is then that person can give a pen or a utensil to the one who wants to appoint the rabbi as his shaliach. This is considered a valid kinyan between the person standing there and the one who wants to appoint the rabbi on behalf of the rabbi to be appointed. If that isn't feasible it isn't necessary. Nonetheless, one could stipulate in the document that this appointment of the rabbi is done with the full knowledge of its legal ramifications and it is accepted completely.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-1-Mar-24-2020.pdf Rav Hershel Schachter (Teshuva dated 28 Adar 5780 p. 2)], Nefesh Harav p. 179, [https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (min 1-5)] explained that the minhag is to make a kinyan to appoint a someone to sell something for you. This is classically done with a handing of a handkerchief from the rabbi to the one selling chametz. However, when they call on the phone that isn't possible. The Steipler held in such a case it isn't necessary to be careful about that minhag and simply have the person orally declare that he appoints the rabbi. However, Rav Soloveitchik felt that we should try to fulfill the minhag in any event. How can it be fulfilled? One can have someone standing in the room next to the person on the phone give something to the person on the phone on behalf of the rabbi. That is an effective halachic kinyan on behalf of the rabbi (see Kiddushin 7a). [https://www.torahanytime.com/#/lectures?v=106099 Rav Shmuel Fuerst (min 10)] explained that one can appoint the rabbi to sell his chametz online. Rav Asher Weiss (Minchat Asher Corona p. 66) agrees. [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal] allowed appointing the rabbi online if he is a talmid chacham.</ref><br />
#There is no issue with the selling of Chametz even though the Chametz is in a locked building or in a place that isn't accessible to the non-Jew because of the coronavirus situation.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950290/rabbi-hershel-schachter/piskei-corona-10-chametz-sheeno-birshuso/ Rav Schachter (Piskei Corona #10)]</ref><br />
#Some poskim allow ordering chametz on Pesach if one is certain that it will only be delivered after pesach.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951179/rabbi-hershel-schachter/piskei-corona-17-ordering-chametz-from-a-non-jew-on-pesach-to-arrive-after-pesach/ Rav Schachter (Piskei Corona #17)] explains that it isn't considered rotzeh bkiyumo, wanting the chametz to continue to exist, to order the chametz since one doesn't insist on any particular box of chametz that the company provides. However, one certainly may not acquire it with a kinyan such as picking it up or moving it. Even if it is delivered into one's property if one has intention not to acquire it, one doesn't acquire it. Yet, one can't even protect it since doing so is an issue of rotzeh bkiyumo. [https://yeshiva-university.zoom.us/rec/play/usAsduuh-283HoLAtASDAPZ9W9S0eq2s0igX-_pez0jkW3EFZFr1M7QRa7Qf9B_vOGt5lyO0vcW9I1-0?startTime=1585760529000&_x_zm_rtaid=CQsocm3ZRaq6pGgFL5OMGQ.1585880286593.75ff95374a21dbfc2f0c45524d508e2a&_x_zm_rhtaid=674 Rav Willig (April 1 2020, min 0-2)] agreed in technical terms.</ref><br />
<br />
==Buying for Pesach==<br />
<br />
#If you have raw chicken or raw meat you don't have to worry that it is chametz even if it was processed in a place where there was chametz. You can simply wash it off to solve any question.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 11-15)]</ref><br />
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==Kitniyot==<br />
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#Out of a concern of the coronavirus, this year some poskim permit taking vitamins which have additives of [[kitniyot]] in order to stay healthy and to strength one's immune system.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950289/rabbi-hershel-schachter/piskei-corona-7-kitniyos/ Rav Schachter (Piskei Corona #7)]</ref><br />
#Someone with Crohn's disease and needs to drink an enriched milk with kiniyot additives for his health can do so on Pesach. Also, he can do so within 6 hours after eating meat (see [[Waiting between Meat and Milk]]).<ref>[https://www.yutorah.org/lectures/lecture.cfm/950289/rabbi-hershel-schachter/piskei-corona-7-kitniyos/ Rav Schachter (Piskei Corona #7)]</ref><br />
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==[[Kashering for Pesach]]==<br />
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#Some poskim allow [[kashering a dishwasher]] for Pesach even though there are plastic and other materials in there that are questionable to kosher. One should wait 24 hours without using it and then use with just hot water and no soap. According to Ashkenazim this should be used to kosher it from Chametz but not from meat to parve or milk or vice versa.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-3-Mar-26-2020.pdf Rav Herschel Schachter (teshuva Rosh Chodesh Nissan 5780)]</ref><br />
#Some hold that one can kasher plastic, while others disagree. See on the [[Kashering_the_Kitchen_for_Pesach#Which_materials_can_be_kashered.3F]] page.<br />
<br />
==Pesach Davening==<br />
===Hallel Pesach Night===<br />
<br />
#There is a custom of Sephardic and some Ashkenazic communities to recite Hallel Pesach night in Shul. However, being that the current situation demands that a person needs to remain inside there is no way to fulfill this minhag and should not recite Hallel after davening. Rather one should only recite it at the Seder.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950285/rabbi-hershel-schachter/piskei-corona-9-hallel-on-pesach-night-and-tefillas-tal/ Rav Hershel Schachter (Piskei Corona #9)]</ref> Some Ashkenazic poskim would allow reciting a bracha.<ref>Rav Asher Weiss (Minchat Asher Corona p. 73-4) writes that a person who has the practice to recite the Hallel the night of the seder after davening can do so with a bracha even when davening individually.</ref><br />
#According to Sephardim, one should recite Hallel the night of the seder after davening with a bracha even though one is davening at home.<ref>Yachava Daat 5:34, Teshuva written by Rabbi Mordechai Lebhar author of Magen Avot (Erev Shabbat Hagadol 5780), Kaf Hachaim 487:38-42</ref><br />
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===Shir Hashirim on Chol Hamoed===<br />
#Ashkenazim generally have the custom to read Shir Hashirim on Shabbat Chol Hamoed Pesach. This year since there is no minyanim available, when one davens at home individually, there is no obligation to read Shir Hashirim. One may do so but it isn't in fulfillment of the minhag.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950655/rabbi-hershel-schachter/piskei-corona-13-shir-hashirim-on-chol-hamoed-pesach/ Rav Schachter (Piskei Corona #13)]</ref><br />
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===Tefillat HaTal===<br />
#One can recite the piyut for tal on Pesach was only instituted for a congregation, however if one wants to recite it one may do so.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950285/rabbi-hershel-schachter/piskei-corona-9-hallel-on-pesach-night-and-tefillas-tal/ Rav Schachter (Piskei Corona #9)]</ref><br />
#In Mussaf everyone should stop saying [[Mashiv Haruach Umorid Hageshem]] and instead recite Morid Hatal because one is davening individually and one may not change from the practice of saying Mashiv Haruach of the congregation until the Shaliach Tzibur has done so and this year there are no minyanim switching at mussaf. After Mussaf, starting with Mincha, one should follow their regular minhag if they usually recite Morid Hatal or not.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950285/rabbi-hershel-schachter/piskei-corona-9-hallel-on-pesach-night-and-tefillas-tal/ Rav Schachter (Piskei Corona #9)]</ref> See [[Mashiv_HaRuach_UMorid_HaGeshem#When_to_Stop_Morid_Hageshem_and_Start_Tal]] for the background.<br />
# For Sephardim, one may begin to recite Morid Hatal in Mussaf even though he praying individually and there is no minyan nearby.<Ref>Kaf Hachaim 114:8 and Halacha Brurah v. 6 p. 145 rule that the primary halacha is that there's no prohibition to begin to start to say Morid Hatal before the Shaliach Tzibbur. It is only forbidden for an individual to begin Mashiv Haruach Umorid Hageshem before the congregation does. This is the approach of the Bet Yosef citing the Ran, Pri Chadash, and Maamar Mordechai, unlike the Raavad cited by the Tur 114:2. However, in a regular year, the Kaf Hachaim and Halacha Brurah recommend being strict for the Raavad to have the Shaliach Tzibur announce before the Mussaf that everyone should begin to say Morid Hatal.</ref><br />
<br />
==Machine Matza==<br />
<br />
#It is permitted under extenuating circumstances to use [[machine matza]] for the mitzvah of eating matzah on the seder night.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards beginning)]. This is acceptable for Sephardim as well even with a bracha as described by Rav Ovadia Yosef in Yachava Daat 1:14 and Chazon Ovadia (Pesach Hilchot Leil Haseder 5763 Edition p. 76). [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim] holds that one should really used hand baked matzah but if one can't acquire any then one can use machine matzah. [https://yeshiva-university.zoom.us/rec/play/uMB7I-D--j83ToDAtgSDUaJ7W9Xueqis0nRK-6FfmUm0VSMBZ1qjYLIbZbHenouY882eTH8fEnI5K7DA?startTime=1585587811000&_x_zm_rtaid=5PWyeRatQdGWZ2q1UH7K6w.1585657713810.05dafc99f0c11cb46ffb1a63ddd87e47&_x_zm_rhtaid=904 Rav Willig (min 2)] has a similar approach.</ref><br />
#Some say that there's no concern to have the hand baked matzot this year.<ref>Rav Asher Weiss (Teleconference March 22 2020, min 19) said that there's no concern to use the hand-baked matzot since they were baked earlier in the year. His personal minhag is to have only hand baked matzot. In terms of using machine matzah he felt that it is only a chumra not to use them even for the mitzvah of motzei matzah and one could use them if there's no other option.</ref><br />
<br />
==[[Eruv Tavshilin]] and [[Eruv Chatzerot]]==<br />
<br />
#A rabbi should establish an eruv tavshilin on behalf of his whole community. Even though usually he acquires it to another person who isn't a family member on behalf of the community, this year because of social distancing one can acquire it to one's wife. <ref>[https://www.yutorah.org/lectures/lecture.cfm/951181/rabbi-hershel-schachter/piskei-corona-19-eruv-tavshillin-and-eruv-chatzeiros-and-social-distancing/ Rav Schachter (Piskei Corona #19)]</ref><br />
#An eruv tavshilin works to allow cooking from Yom Tov to Shabbat even though it isn't possible to have guests in most cases.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951181/rabbi-hershel-schachter/piskei-corona-19-eruv-tavshillin-and-eruv-chatzeiros-and-social-distancing/ Rav Schachter (Piskei Corona #19)] explained that usually we use the concept of ''hoil'', since guests might arrive who can eat the food one cooked, to permit cooking from one day of Yom Tov to Shabbat. However, this year that seems not to be applicable. Rav Schachter explained based on the Maharam Chalavah that ''hoil'' doesn't necessitate that one actually have guests or even have the ability to have guests, it is rather a halachic principle since objectively it is possible to have guests the eruv is effective.</ref><br />
#The communal eruv chatzerot continues to be effective even though the communal box of matzah's might not be accessible.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951181/rabbi-hershel-schachter/piskei-corona-19-eruv-tavshillin-and-eruv-chatzeiros-and-social-distancing/ Rav Schachter (Piskei Corona #19)] explained that since theoretically it is possible to get the box alone for a few minutes it isn't completely inaccessible (see Har Tzvi OC 2:16).</ref><br />
#It is permissible to wear a surgical mask on Shabbat outside and it isn't [[carrying]] as long as it is fastened well and won't fall off.<ref>[https://itorah.com/daily-halacha/lecture/may-one-wear-a-surgical-mask-on-shabbat-in-a-public-domain/3803 Rabbi Mansour]</ref><br />
<br />
==Birchat Ha'ilanot==<br />
<br />
#One can recite birkat hailanot from indoors if one can see the trees but one may not recite them by seeing the trees on a video.<ref>Ateret Paz p. 154-6</ref> See the [[Birchat HaIlanot]] for more details and sources.<br />
<br />
==[[Tanit Bechorot]]==<br />
#A person should try to finish a short masecheta to make his own siyum.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-1-Mar-24-2020.pdf Rav Hershel Schachter (Teshuva dated 28 Adar 5780 p. 2)], [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref> Some say that learning one masechta with Bartenura is sufficient.<ref>[https://itorah.com/daily-halacha/lecture/ta-anit-bechorot-during-the-coronavirus-pandemic/3802 Rabbi Mansour], [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref><br />
# Many poskim say that he can rely on a siyum over the phone or video livestream.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-1-Mar-24-2020.pdf Rav Hershel Schachter (Teshuva dated 28 Adar 5780 p. 2)]. [https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards beginning)]. [https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 1-4)] explained that Rav Schachter and Rav Shlomo Zalman Auerbach hold that it is enough to listen and join with the siyum over the phone or video call. However, other poskim don't like this leniency. Rav Asher Weiss (Teleconference March 22 2020, min 7) agreed that one can be yotzei with a siyum over the phone or video for the tanit bechorot. [https://www.torahanytime.com/#/lectures?v=106099 Rav Shmuel Fuerst (min 6)] agreed that this year you can be yotzei the siyum over the phone since it is an extenuating circumstance. [https://youtu.be/Yo6IJi2V-bw Rav Avigdor Nevinsal] agreed that you can be part of a siyum over the phone and the meal one has afterwards is a seudat mitzvah. [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim] holds that it is better to make a siyum oneself even on a tractate of mishna but if that's not possible one can listen on the phone.</ref><br />
# Some say that in the event one can't make one's own siyum or even hear someone else's, one doesn't need to fast this year in order to maintain strength in this time of a health crisis.<ref>[https://itorah.com/daily-halacha/lecture/ta-anit-bechorot-during-the-coronavirus-pandemic/3802 Rabbi Mansour]</ref><br />
<br />
==Birkat Halevana==<br />
<br />
#Ideally one should recite birkat halevana outdoors.<ref>Rama 426:4</ref> If one can not do so one can recite Birkat Halevana from inside but initially one should open the window.<ref>Pri Megadim M"Z 426:4, Mishna Brurah 426:21</ref> See the [[Birkat HaLevana]] page.<br />
<br />
==Chol Hamoed==<br />
<br />
#One can't buy stocks or sell them on Chol Hamoed, however, if not selling them could lead to a loss of one's original capital that one invested one can sell it.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref><br />
<br />
See [[Chol Hamoed]] for many details.<br />
<br />
==Using Zoom for the Seder==<br />
<br />
#Although a minority of rabbis allow using Zoom for this emergency situation in a very extenuating circumstance where an elderly single person is alone for the seder away from family because of the quarantines to use technology to leave a video conference going for Yom Tov to join with a family seder,<ref>[http://www.israelnationalnews.com/News/News.aspx/277764 Rabbi Eliyahu Abergel and other rabbis]</ref> most rabbis consider this to be a breach of halacha.<ref>Rav Asher Weiss (Teleconference March 22 2020 11am, min 39; teshuva in Minchat Asher Corona pp. 75-6), [http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-2-Mar-25-2020.pdf Rav Herschel Schachter (teshuva Adar 29 5780)], [https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 20-22)], [https://www.inn.co.il/News/News.aspx/432065 Rav Yosef Tzvi Rimon]. Rav Willig's held that it is absolutely forbidden and it is a tremendous zilzul Shabbat besides questions of others prohibitions of Shabbat.</ref> There is a discussion if the firstgroup of rabbis retracted.<ref>[https://vosizneias.com/2020/03/24/the-heter-for-zoom-at-the-seder-is-incorrect-and-should-be-retracted/ Rabbi Yair Hoffman] describes how 3 of the original signers of the lenient ruling would only permit under life and death needs and not in general. However, [https://www.jpost.com/israel-news/zoom-passover-seder-rabbis-hit-back-at-critics-622494 another article] describes how some of the original rabbis who were lenient confirmed their opinions.</ref><br />
#It is suggested to perform a pre-pesach zoom seder for people who you can't invite to your seder in order to share divrei torah, songs, and the experience of the seder before Yom Tov.<ref>[https://www.inn.co.il/News/News.aspx/432065 Rav Yosef Tzvi Rimon]</ref><br />
#For someone who is clinically depressed to the point that there is a concern of suicide or just losing one's mind it is permitted to use a phone to call him to cheer him up and check on him. However, if there's a way to check the patient before Pesach one should do so.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-2-Mar-25-2020.pdf Rav Herschel Schachter (teshuva Adar 29 5780)]. [https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Willig (min 24)] agrees that we violate Shabbat for someone who is suicidal but they can use the phone.</ref> A person should check with his rabbi in each case.<br />
#A person should recite Ha lachma anya this year as one would any other year, even though that phrase is a call for inviting guests and this year that is impossible.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951299/rabbi-hershel-schachter/piskei-corona-21-can-we-say-kol-dichfin-this-year-/ Rav Schachter (Piskei Corona #21)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
<br />
==[[Sefirat Haomer]]==<br />
<br />
#If someone couldn't get a hair cut because the barbers were all closed before Pesach, then if one reached the point when it very noticeably long and people would tell him to get a haircut he can take a haircut during [[Sefira]]. Today it can be estimated that if it has been more than 2 months since his last haircut he can take a haircut during the Sefira.<ref>https://www.yutorah.org/lectures/lecture.cfm/950659/rabbi-hershel-schachter/piskei-corona-16-haircuts-on-chol-hamoed-and-sefira/ Rav Schachter (Piskei Corona #16)</ref><br />
<br />
==Mikveh==<br />
<br />
#Each community rabbi needs to decide these sort of questions however in theory it is possible for the Mikva to remain open and allow women who aren't having symptoms or aren't quarantined to go to Mikva. They should be extra careful about hygiene and prepare completely at home, go to the Mikva where there is no contact with anyone besides a brief contact with the water which has chemicals for cleanliness. Then upon returning home there are poskim who allow the woman to take a shower when she gets home to clean herself off.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/950654/rabbi-hershel-schachter/piskei-corona-12-showering-after-the-mikvah/ Rav Hershel Schachter (Piskei Corona #12)], [https://www.torahanytime.com/#/lectures?v=105574 Rabbi Shay Tahan]. Rav Asher Weiss (March 29 2020) said it is obviously permitted to overlook the chumra of not showering when the woman returns from mikveh at these times.</ref><br />
# On Shabbat, if a woman goes to mikveh she can not take a hot shower when she gets back since turning on the hot water is causing cold water to enter the boiler and cook. Rather she should either decide to take a completely cold shower or delay the mikveh until Motzei Shabbat. She should also not decide not to take a shower at all because one shouldn't do something unsafe when there's an option to delay going to mikveh.<Ref>[https://www.yutorah.org/lectures/lecture.cfm/951538/rabbi-hershel-schachter/piskei-corona-26-showering-when-returning-home-from-the-hospital-or-the-mikvah-on-shabbos-or-yom-tov/ Rav Schachter (Piskei Corona #26)]</ref><br />
# On Yom Tov, according to those who are lenient to permit [[showering on Yom Tov]], when a woman returns from the mikveh should do so. Rav Schachter's opinion is that it is only permitted to take a shower on Yom Tov with water that is just hot enough to remove the chill from the water (less than lukewarm). If she decides she doesn't want to take such a shower, she should delay going to mikveh until after Yom Tov.<Ref>[https://www.yutorah.org/lectures/lecture.cfm/951538/rabbi-hershel-schachter/piskei-corona-26-showering-when-returning-home-from-the-hospital-or-the-mikvah-on-shabbos-or-yom-tov/ Rav Schachter (Piskei Corona #26)]</ref><br />
#The OU has established [https://www.ou.org/covid-19-and-the-mikvah-recommended-protocols/?utm_source=SilverpopMailing&utm_medium=email&utm_campaign=Mikvah%20Guidance%20(1)&utm_content=&spMailingID=32100310&spUserID=MTM2NTc0Mjg0NTYwS0&spJobID=1683098314&spReportId=MTY4MzA5ODMxNAS2 health guidelines] in order to allow a mikveh to remain open.<br />
#The RCBC also stated that Mikva's are remaining open for the time.<ref>[https://www.theyeshivaworld.com/news/featured/1839350/no-shul-yeshivas-shabbos-guests-levayos-shiva-vaad-harabanim-of-bergen-county-releases-letter.html RCBC letter on yeshivaworld.com]</ref><br />
#The men's mikveh's should be closed at this time. Even if a person is careful to go to mikveh each day he can fulfill this custom by taking a 5 minute shower.<ref>Rav Asher Weiss (Teleconference March 22 2020, min 12)</ref> See [[Preparations_for_Davening#Going_to_Mikveh]] for details.<br />
<br />
==Tevilat Kelim==<br />
<br />
#Each community should decide whether or not close the kli mikveh out of a safety concern. You can do the [[tevilat kelim]] in the ocean.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 5-9)], [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref><br />
#Alternatively, one can use tevilat kelim in the mikvah while wearing gloves, then throw out the gloves, wash off the kelim with soap and water. If the community has other procedures for safety one should observe them.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 5-9)], [https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 3-4)]</ref><br />
#As a last resort one can avoid tevilat kelim by giving the pots to a non-Jew and borrowing them back. One can rely on this until the virus passes.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 5-9)], [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]. [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal] said that one could rely upon this if there was no other option. [https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 14-16)] allows selling the kelim to a non-Jew. Rav Yosef Tzvi Rimon (teshuva dated Nisan 1 5780) recommended this.</ref> If one can't sell or gift the pots to a non-Jew oneself one can do so online through [https://nirshamti.co.il/e-%D7%98%D7%91%D7%99%D7%9C%D7%94/ Zomet].<br />
#Another option is for a person to declare the pots that need tevilat kelim to be ownerless (hefker) in front of 3 Jews. One has to have full intent that the pots are ownerless and if someone took them one would have no claim upon them. If these Jews can't be there in person it is sufficient if they are present through social media technology but they should be people who live in the neighborhood. They should then leave the pots outside their house for a few minutes so that if someone wanted to take them they could. <ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-1-Mar-24-2020.pdf Rav Hershel Schachter (Teshuva dated 28 Adar 5780 p. 1)], [https://itorah.com/daily-halacha/lecture/if-one-has-new-utensils-which-he-is-unable-to-immerse/3801 Rabbi Mansour]</ref> Others disagree.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 5-12)] said that one shouldn't use the solution to make the pots hefker since you're using the kelim. See Sefer Tevilat Kelim p. 84 based on Maharil Diskin. See S"A Harav 445:1 that hefker that isn't meaningful since you plan to reacquire it isn't a solution. However, Rav Elyashiv and Rav Soloveitchik allowed it in extenuating circumstances. Rav Asher Weiss (Minchat Asher Corona p. 72) writes that one should avoid using new pots and relying on this leniency to mafkir but in an extenuating circumstance one can rely on it.</ref><br />
#If there's are no solutions, some poskim would allow using the pots without tevilat kelim in this extenuating circumstance.<ref>Rav Asher Weiss (Teleconference, March 22 2020 11am), Rav Yosef Tzvi Rimon (Teshuva dated Nisan 1 5780)</ref><br />
#Regarding a seder plate and kos shel eliyahu requiring tevilah, see [[Tevilat Kelim]] page.<br />
<br />
==[[Brit Milah]]==<br />
<br />
#A Brit Milah can be done without a minyan since gatherings aren't safe.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
#A grandfather or someone else involved in a brit milah via zoom can recite the naming of the baby but he should not recite the bracha of asher kidash yadid mbeten.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951300/rabbi-hershel-schachter/piskei-corona-22-participating-in-a-simcha-via-zoom/ Rav Schachter (Piskei Corona #22)]</ref><br />
<br />
==Naming a Girl==<br />
<br />
#Although normally we try to name a baby girl at an aliya to the Torah, a person doesn't need a minyan in order to name a girl and under the circumstances should do so without delay.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Neventzal], [https://www.yutorah.org/lectures/lecture.cfm/950292/rabbi-hershel-schachter/piskei-corona-11-krias-shem-for-a-baby-girl/ Rav Schachter (Piskei Corona Teshuva #11)], [https://vimeo.com/399141271 Rabbi Moshe Heinemann] at about 16:45</ref><br />
<br />
==Bar Mitzvah's==<br />
<br />
#[https://www.torahanytime.com/#/lectures?v=105558 A message for Bar Mitzvah Boys in the Lockdown by Rabbi Pesach Krohn]<br />
#A bar mitzvah boy who missed the opportunity to read his parsha in shul when he became bar mitzvah'ed when it is next possible to go to shul he can add his parsha as a hosafa and read it then. Additionally, the haftorah can follow that hosafa.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards end)]</ref><br />
#The father of a Bar Mitzvah boy who couldn't layn should wait until he can do something that shows he's Bar Mitzvah like layn or daven as Shaliach Tzibbur to make such a bracha.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
<br />
==Weddings==<br />
<br />
#Ideally a wedding shouldn't be pushed off if both parties are ready even though it means having a tiny wedding.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal], [https://www.kimizion.org/maamar/5780_5784/keter.pdf (Keter Yitanu Lecha p. 38)]</ref><br />
#A rabbi should not officiate at a wedding that isn't abiding by the CDC guidelines of health because he is furthering unsafe practices.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards beginning)]</ref><br />
#It has been asked whether or not the poskim are more lenient this year regarding weddings during [[Sefira]] but the answer is that it is not determined because the situation is still unclear.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref> Some are lenient but it is best to schedule for [[Rosh Chodesh]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref><br />
#If in this dire situation it isn't possible to have a minyan, it is possible to have a wedding nonetheless without [[Sheva Brachot]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/951180/rabbi-hershel-schachter/piskei-corona-18-getting-married-with-less-than-10-men-present/ Rav Schachter (Piskei Corona #18)] explained that although it isn't possible to recite Sheva Brachot and seemingly they forbid the couple to each other without Sheva Brachot in this extenuating circumstance one can rely upon the opinion that the wedding is valid and they are permitted even without Sheva Brachot (see Nodeh Beyehuda EH 1:56). For birkat erusin certainly having a minyan isn't critical (Shulchan Aruch E.H. 34:4) although it is preferable and in this circumstance unnecessary. From Bet Shmuel 64:4 it appears to be a dispute between the Shulchan Aruch and Rama whether one is allowed to have a wedding at all if it is extremely difficult to get a minyan, the Rama being lenient. </ref><br />
#A minyan for [[sheva brachot]] can not be created via Zoom. Additionally, one can't recite a bracha of sheva brachot for the couple via Zoom.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951300/rabbi-hershel-schachter/piskei-corona-22-participating-in-a-simcha-via-zoom/ Rav Schachter (Piskei Corona #22)]</ref><br />
<br />
==[[Fast Days]]==<br />
<br />
#If the rabbis declare a half fast day until [[Chatzot]] according to Ashkenazim an individual can recite [[Anenu]] in Mincha Shemona Esrei<ref>Rama 562:1 writes that Ashkenazim hold that even for an incomplete fast one can recite anenu. Mishna Brurhah 562:48 references this Rama in discussing a fast that was accepted to fast until chatzot. The Mishna Brurah 562:7 cites a debate as to whether one should omit the words צום תעניתנו while reciting עננו in such a scenario as many poskim argue that a half fast is not considered a fast and therefore one would not want to risk speak falsely, particularly when he is speaking to Hashem.<br />
<br />
*[https://www.theyeshivaworld.com/news/israel-news/1841977/hagaon-harav-chaim-kanievsky-calls-to-fast-for-half-a-day-on-erev-rosh-chodesh.html Rav Chaim Kanievsky] declared a half fast on Erev Rosh Chodesh Nissan 5780.</ref> assuming he is still fasting when he prays Mincha.<ref>Mishna Brurah 562:6</ref> According to Sephardim one can only recite anenu if one fasts the entire day.<ref>Shulchan Aruch 562:10-11 holds that a incomplete fast is not considered a fast with respect to saying anenu. Therefore if one only fasts until chatzot one should not recite anenu.</ref><br />
#A person should accept the fast from the day before, as is traditionally done at mincha time. If one didn't do so, according to Sephardim one shouldn't recite anenu, but according to Ashkenazim one can recite anenu.<ref>Shulchan Aruch and Rama 562:5</ref><br />
<br />
==Mezuzah==<br />
<br />
#A person should not kiss any mezuzah, or any siddur or chumash of a shul or a public area at this time because of concern of spreading COVID19.<ref>[https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)], [https://www.jpost.com/israel-news/chief-rabbi-of-israel-due-to-coronavirus-stop-kissing-the-mezuzah-619753 Chief Rabbi Rabbi David Lau]</ref><br />
<br />
==Shalom Bayit==<br />
<br />
#It is critical to be mindful of other people when everyone is under stress and no one is completely comfortable. [https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Dr. Pelcovitz] discusses the implications quarantine can have Shalom Bayit.<br />
#It is forbidden for a couple to have [[tashmish]] at a night of famine<ref>Gemara Tanit 11a, Shulchan Aruch O.C. 240:12</ref> since everyone is in distress it is incumbent on everyone to take upon himself an aspect of distress.<ref>Mishna Brurah 574:9</ref> The same is true for any time of societal distresses.<ref>Rama 240:12 based on Yerushalmi Tanit. Olot Tamid 240:6 (cited by Kaf Hachaim 240:85) understands the Rama to apply to any type of tragedy that we would declare a fast over.</ref> Others disagree.<ref>Shaarei Knesset Hagedola (Hagahot Tur 240:5) writes that tashmish is only forbidden during a famine, plague of the crops, locusts and the like which cause a famine but not for other tragedies or troubles. Kaf Hachaim 240:85 rules like the Shaarei Knesset Hagedola either because that is the explanation of the Yerushalmi or we don't follow the Yerushalmi.</ref><br />
#It is permitted to have tashmish on mikvah night.<ref>Shulchan Aruch O.C. 574:11 writes that it is permitted for a couple to have tashish on mikva night. Mishna Brurah 574:11 cites the Magen Avraham who argues with Shulchan Aruch but then he cites the Bigdei Yesha and Nahar Shalom who are lenient and there's what to rely on to follow Shulchan Aruch. Mishna Brurah concludes that certainly one can be lenient at a time when it isn't a famine and it is just another time of distress in the world.</ref><br />
#It is permitted to have tashmish for a couple who didn't yet fulfill [[pru urevu]].<ref>Shulchan Aruch O.C. 240:12, 574:4, Mishna Brurah 240:47</ref> Once his wife is pregnant this leniency doesn't apply.<ref>Mishna Brurah 574:12</ref><br />
#If he has a strong yetzer hara and there is a concern of [[hashchatat zera]] it is permitted.<ref>Mishna Brurah 240:46</ref><br />
#There is what to rely upon to have tashmish at a time of war and there is no midat chasidut to be strict, especially for young couples even for someone who fulfilled pru urevu.<ref>Tzitz Eliezer 13:21</ref><br />
#During the time then the plague of corona virus is rampant in the world there is a lot to rely upon to have tashmish. Someone who wants to be strict can do so.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949166/rabbi-ally-ehrman/is-tashmish-hamitta-permitted-during-the-coronavirus-pandemic-/ Rabbi Ehrman on yutorah]. Rav Asher Weiss (Zoom Conference, March 22 2020, 11am, min 15) was lenient he said that the situation presently isn't one that rises to the level where we need to declare a fast. Also, since domestic violence recently has been on the rise because of the quarantines one shouldn't be strict in this area. </ref><br />
<br />
==Laid off Workers Because of Corona==<br />
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#If there's a employee that is unable to work because of a societal or national crisis the employees should continue to be paid by the employers according to many opinions or at least they should make a compromise.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949287/rabbi-michoel-zylberman/coronavirus-and-laid-off-employees/ Rabbi Zylberman on yutorah]. Mordechai b"m 343 writes that if there's a decree in the town that the teachers can't teach the teachers should still be paid. Rama C.M. 321:1 cites this Mordechai and applies it to any worker in 334:1. The Sama 334:2 argues with the Mordechai and holds that since the employee can't work and both aren't at fault and both couldn't foresee this the employer is exempt. Netivot 334:1 limits the idea of the Mordechai to a teacher and not other employers since a teacher is paid for sachar betela (see [[Laws_of_Learning_Torah#Taking_Money_for_Learning_and_Teaching_Torah]]). Shach 334 holds that this opinion of the Mordechai only applies if majority of the town ran away because of a crisis but if only a minority runs away then the employee isn't entitled to payment. Aruch Hashulchan 334:10 has another approach. If the situation prevents the worker from working then he is entitled to pay but if he runs away then he isn't. Rabbi Zylberman explained from Mishpat Poalim we think that this is a case of Hamotzei Mchavero Alav Harayah, whoever is holding onto the money can claim that he is exempt from paying or returning the money. Rav Asher Weiss in Minchat Asher 2:106 says that they should make a compromise, and Rav Bleich ([https://www.sefaria.org/Contemporary_Halakhic_Problems%2C_Vol_IV%2C_Chapter_XIV_The_Intifada_and_the_Gulf_War.35?lang=bi&with=all&lang2=en Contemporary Halachic Problems v. 4]) thinks that we follow the Rama. Once the Chatom Sofer had a case in his town and he felt that they should pay but he couldn't force everyone to pay it so he told them to pay half. Rav Yona Reiss had a case where they made a compromise. <br />
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*Rav Asher Weiss (Zoom Conference, March 22 2020, 11am, min 21-25) thought that one should compromise and give the workers who aren't working 30% of their pay. This applies Jewish and non-Jewish workers. This is based on the Rama and Sama CM 221. As for the day schools and daycares that are closed and not providing services one theoretically should be exempt. Since it might be devastating to the schools one needs to wait until the government makes a decision. Either way, we should wait until there is a major decision from the government or authorities and follow that. Until then for the schools we should pay so that the teachers can have a salary for their [[parnasa]].</ref><br />
#This applies to contractors for cancelled events as well.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949287/rabbi-michoel-zylberman/coronavirus-and-laid-off-employees/ Rabbi Zylberman on yutorah]</ref><br />
#If someone rented out an apartment to someone and then he wants to retract because of a concern that the potential tenants have the virus, some say that it is forbidden to back out of the contract.<ref>[http://kol-barama.co.il/item/%D7%A4%D7%99%D7%A7%D7%95%D7%97-%D7%A0%D7%A4%D7%A9-%D7%A7%D7%95%D7%A8%D7%95%D7%A0%D7%94-%D7%A2%D7%A4%D7%99-%D7%94%D7%94%D7%9C%D7%9B%D7%94/ Rav Yakov Sinai] based on Rama in teshuva, Shach CM 312 and other sources</ref><br />
<br />
==[[Bikur Cholim]]==<br />
<br />
#A person doesn't have to and shouldn't visit someone who has a virus that contagious such as corona.<ref>[http://kol-barama.co.il/item/%D7%A4%D7%99%D7%A7%D7%95%D7%97-%D7%A0%D7%A4%D7%A9-%D7%A7%D7%95%D7%A8%D7%95%D7%A0%D7%94-%D7%A2%D7%A4%D7%99-%D7%94%D7%94%D7%9C%D7%9B%D7%94/ Rav Yakov Sinai (min 3)] explains that although the Rama in a teshuva and Knesset Hagedola hold that one should visit the sick even if they have a contagious disease, the Shulchan Gavoha and others disagree and that is the halacha.</ref><br />
#A person fulfills the mitzvah of bikur cholim on the phone according to many poskim.<ref>[https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Shlomo Aviner (Keter Yitnu Lecha p. 34)] citing Igrot Moshe YD 1:223 and Tzitz Eliezer 8:5. Rav Aviner added that the main idea of bikur cholim is to do what is best for the patient and in our context that is to call.</ref><br />
# Someone who is praying for a mortally ill patient to get better and doesn't know if he is still alive should pray for his well-being and not specifically for him to get better.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951537/rabbi-hershel-schachter/piskei-corona-25-davening-for-the-sick/ Rav Schachter (Piskei Corona #25)]</ref><br />
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==Burial and Mourning==<br />
===Burial===<br />
#Each place should follow the guidelines that are in place for safety. If a minyan isn't possible, then the next thing that is to try to have is Jews doing the burial. If they don't even let that, then afterwards a Jew should check that the burial by the non-Jews was done properly in the ground.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 26-8)]. [https://www.yutorah.org/sidebar/lecture.cfm/951298/rabbi-hershel-schachter/piskei-corona-20-tahara-for-meisim/ Rav Schachter (Piskei Corona #20)] said that they should specifically have as few people as possible for the burial and maybe just the workers and that too fulfills the mitzvah of burial.</ref> It is forbidden to cremate and it is still considered not dangerous to properly do a burial with no tahara and minimal involvement of the fewest people or simply the cemetery workers.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951298/rabbi-hershel-schachter/piskei-corona-20-tahara-for-meisim/ Rav Schachter (Piskei Corona #20)]</ref><br />
#At this time the chevra kadisha should not perform a tahara for the deceased since it could lead to danger.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951298/rabbi-hershel-schachter/piskei-corona-20-tahara-for-meisim/ Rav Schachter (Piskei Corona #20)]</ref><br />
# A person who was buried in America because of the corona virus but was planned to be buried in Israel can later when the virus isn't an issue be reburied in Israel, even though generally we don't rebury someone who was buried.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)]</ref> See the topic of [[Laws_and_Customs_of_a_Funeral#Under_What_Circumstances_is_it_Permitted_to_Move_Someone_Buried.3F|reburying a corpse]] in general.<br />
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===Kriyah===<br />
#The rabbi could do the [[Kriyah]] for the mourner with gloves and a mask or he can simply tell the mourner to do it.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Willig (min 29)]</ref><br />
===Avelut===<br />
# A person who is no going to be involved in the burial anymore because the deceased was given to the chevra kaddisha then he is not considered an [[Onen]] anymore and should begin [[Avelut]] (mourning). However, if he is going to call relatives to tell them about the levaya then he is still an [[Onen]].<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)]</ref>. If he is going to watch the burial with Zoom or listen on the phone it is unclear if he is still an Onen.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)] isn't certain if a person involved in the burial merely because he is watching via Zoom is still considered an Onen. [https://www.yutorah.org/sidebar/lecture.cfm/839779/rabbi-asher-bush/%d7%94%d7%aa%d7%97%d7%9c%d7%aa-%d7%90%d7%91%d7%99%d7%9c%d7%95%d7%aa-%d7%9c%d7%9e%d7%99-%d7%a9%d7%90%d7%99%d7%a0%d7%95-%d7%a0%d7%9e%d7%a6%d7%90-%d7%91%d7%a7%d7%91%d7%95%d7%a8%d7%aa-%d7%90%d7%91%d7%99%d7%95-%d7%95%d7%9e%d7%a9%d7%aa%d7%aa%d7%a3-%d7%a2-%d7%99-%d7%94%d7%98%d7%9c%d7%a4%d7%95%d7%9f/ Rav Asher Bush] wrote based on MPeninei Harav p. 202 that he considers someone phoning into a burial to not be an Onen unless they're going to ask him questions about the burial.</ref><br />
# On [[Erev Pesach]] if someone is buried before [[Chatzot]] (midday) the relatives should observe [[Avelut]] (mourning) before Chatzot and then at Chatzot it is considered like a Yom Tov and the rest of the [[Shiva]] is cancelled. If the person is buried after [[Chatzot]] they should observe Avelut before Yom Tov and then the Yom Tov will come and cancel the rest of [[Shiva]].<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)]</ref><br />
# A mourner shouldn't eat his first meal after the burial, the [[Seudat Havrah]], from his own food; other should provide that food. If at this time when people are concerned for COVID19 and might not send food, if the mourner knows that he isn't going to be sent food, he can eat the first meal from his own food.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)]</ref><br />
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===Kaddish and Iyluy Neshama===<br />
# Under the circumstances a person can not recite the kaddish because minyanim aren't available. Therefore, a person should take upon himself to learn mishnayot for the deceased.<Ref>Rav Asher Weiss (Minchat Asher Corona pp. 58-9)</ref><br />
See [[Practices_in_the_Mourner%27s_House#Iyluy_Neshama]] and [[Kaddish]] pages.<br />
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==[[Kibbud Av Vem]]==<br />
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#If one's parents ask him to do something which the department of health has deemed unsafe a person should not listen to his parents in such a case and that isn't a breach of Kibbud Av Vem.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-2-Mar-25-2020.pdf Rav Schachter (Teshuva Adar 29 5780)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref><br />
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==Violating Shabbat for [[Pikuach Nefesh]]==<br />
'''On Shabbat or Yom Tov, if anyone has any concern whatsoever that they are in serious danger because of deteriorating health, they should immediately call a doctor or [[Going_to_and_Staying_in_the_Hospital_on_Shabbat|go to the hospital]].'''<br />
#It is a well established halacha that it is not only permitted but even a mitzvah to violate [[Shabbat]] in order to safe a life or to remove a situation that presents even a slight chance of danger.<ref>Shulchan Aruch O.C. 328:13</ref> The question is how to define the threshold of danger.<ref>[http://nleresources.com/2020/03/rav-asher-weiss-coronavirus-in-halacha/#.XnoNOIjYrIU Rav Asher Weiss (March 15 2020, min 18-22) to Beit Midrash Gavoha] explained that the definition of danger in order to violate Shabbat isn't defined by statistics. For vaccinations we assume that it is a sakana not to vaccinate even though the odds of dying because of the measles is low. Since it is preventable it is incumbent upon us to vaccinate. He concludes that as long as it is a natural phenomenon and there is an action that we can do to prevent deaths we must do so.</ref><br />
#In certain cases of emergency regarding corona virus it would be allowed to violate Shabbat.<ref>[https://www.theyeshivaworld.com/news/headlines-breaking-stories/1841156/harav-zilberstein-answer-telephone-on-shabbos-if-awaiting-results-of-coronavirus-test.html Rav Zilberstein] allowed a patient to answer the phone on Shabbat with a [[shinuy]] only to hear the results of a test and answer questions for epidemiological investigation. If the test results that show that a patient has the virus are produced on Shabbat it is incumbent for the health department to deal with the quarantine then and it is permitted to answer the phone for that.</ref> Obviously every single case is different and one should learn the laws of Pikuach Nefesh from a rabbi in advance.<br />
#If a person is discharged from the hospital on Shabbat and they need him to leave because of the lack of space that they have because of the numbers of people who are ill, his family member can drive to get him. They should do a [[Shinuy]] when turning on the car like turning the key with one's weaker hand, or pressing the button on the key with one's knuckle. Also, when turning off the car one should use a Shinuy.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950282/rabbi-hershel-schachter/piskei-corona-6-pikuach-nefesh-on-shabbos/ Rav Schachter (Piskei Corona #6)]</ref><br />
#Regarding the larger issue of halachic triage see [https://www.yutorah.org/lectures/lecture.cfm/951531/rabbi-hershel-schachter/piskei-corona-15-triage-in-medical-decisions-updated-/ Rav Schachter (Piskei Corona #15 Updated)]. Here is a relevant [https://docs.google.com/document/d/1CtQ_XHzQarzg_0PEQODCO1ATKlM_cEmvPsXa8kdpgJA/edit sourcesheet on Halachic Triage]. [https://aiayk.org/pesachaudio/ Rav Asher Weiss (Teleconference April 6 2020, min 5-15)] discusses triage in halacha and what doctors should do.<ref>Rav Asher feels that there are only two factors that we consider for halachic triage: give precedence to someone who is in immediate danger, and give treatment to whoever has a better chance for survival. Age or spiritual need for the community are not factors for precedence. <br />
* Rav Asher says that for choleh shebifanenu the knowledge that another choleh is going to come in soon is considered pikuach nefesh if will with certainty be helpful. Therefore, if an older patient comes into the hospital but they know a younger patient is going to come in, they can consider them as though they came in together and treat according to who is in immediate danger and who has the better chance to live. Rav Schachter felt the same way in his teshuva.<br />
* If a hospital has a certain regulation, does he need to disregard the hospital protocols? Rav Asher Weiss felt that the doctors should not disregard hospital protocol, for multiple reasons but partly because if he doesn't he'll lose his license and having more able doctors at this time is pikuach nefesh. </ref><br />
# A doctor returning from the hospital on Shabbat and needs to shower for health reasons so as not to catch the corona virus on his body or clothing, may do so. If he can manage with a cold shower, he should do so. If he can't, he may turn on the hot water with a [[shinuy]].<Ref>[https://www.yutorah.org/lectures/lecture.cfm/951538/rabbi-hershel-schachter/piskei-corona-26-showering-when-returning-home-from-the-hospital-or-the-mikvah-on-shabbos-or-yom-tov/ Rav Schachter (Piskei Corona #26)]. See there for how he distinguishes this from the woman returning from the mikveh on Shabbat.</ref><br />
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==[[Mesira]] and Rodef==<br />
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#If your doctor actually ascertains that there is a sakanat nefashot, mortal danger, involved with a certain large gathering that someone is doing then it is permitted to tell the authorities. However, otherwise it is forbidden because of informing upon another Jew ([[mesira]]). This can be a very difficult measure to actually properly assess.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Willig (min 41)]</ref><br />
#Some hold that if a person is supopsed to be in quarentine and they are not they are considered a rodef. However, obviously one should first speak to him and convince him to do what is safe.<ref>[https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 36)] citing Rav Zilberstein</ref><br />
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==Links==<br />
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*[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal Q&A about Corona]<br />
*[https://rabbidunner.com/coronavirus-qa-with-rav-hershel-schachter/ Transcription of Q&A with Rav Schachter by Rabbi Dunner]<br />
*[https://www.theyeshivaworld.com/news/featured/1839350/no-shul-yeshivas-shabbos-guests-levayos-shiva-vaad-harabanim-of-bergen-county-releases-letter.html RCBC letter calling for the closing of Shuls and Schools]<br />
*[http://www.torahweb.org/ TorahWeb] hosts many resources for Corona halacha including Rav Schachter's Teshuvot<br />
*[http://www.kolcorona.com/ KolCorona.com] a Torah resource, initiated by Rabbi Reuven Taragin, for those affected by Corona<br />
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==Sources==<br />
<references /><br />
[[Category:Orach Chaim]]</div>YitzchakSultan