Chodosh and Yoshon #2

Last week we began our discussion regarding the biblical requirement of Yoshon- only eating from grains that were rooted before the 16th of Nisan. Since, no one argues that this requirement exists- why have so few of us heard of it and why have so many us not kept it? There is great discussion by the rishonim and poskim in certain details of the mitzva that when combined together have led many including the Rama (the chief Ashkenazic Posek) to rule that it doesn't apply anymore. First off maybe this requirement is only if the grain is in Israel. We know that certain mitzvos, shmitta for example, only apply in Israel, perhaps some argue that Yoshon also only applies in Israel. This contention has one serious flaw though, the pasuk that mentions the requirement of Yoshon states that this rule applies "Bchol Moshvosechem" in all your cities. Why would the torah go out of its way to mention that this requirement applies in your all your cities, if not to include cities outside of Israel? Some answer, however, that this requirement merely extends the prohibition to the surrounding lands of Israel (Jordan, Syria, etc) and not to countries outside there. Second, maybe the requirement is only if the crop was grow by a Jew, like Shmittah again. Third, since most of our baked goods aren't home made and it is very difficult to verify that the producer (General Mills) is using yoshon, we can assume it is a Safek (doubt) whether the producer uses Yoshon or not. It should however be pointed out, as it was brought to my attention, that one should not rely on the assumption that "since it takes a while from the crop to be harvest till it gets to my table- it must be yoshon" for apparently it can take less than 3 months from the grain to go from ground to cereal bowl. Due to these doubts and arguments, the Rama rules that one can be lenient and rely on the principle of Safek Safeka- when you have two separate doubts in halacha you have the right to rule lenient. Many explain that the logic behind this is based off a Rov- Majority. Since we have two doubts the potential for doing wrong is only 25%. Thus there is a 75% of this item being ok. (I could explain this further but who wants a math lesson on shabbas). Here the two leniencies are 1. Maybe the requirement doesn't apply outside of Israel and 2. Maybe the requirement is only by produce of a Jew. In Israel, however, since these doubts do not exist- everyone agrees one must eat exclusively Yoshon- and this is verified by the many reliable Hechserim there.

Chodosh and Yoshon #1

As we are in period between Pesach and Shavous I would like to begin a discussion on what I feel is a very little known aspect of Kosher food. The concern that apropos to this time period is the requirement of Yoshon (Old). Hopefully over the next few weeks we will come to understand and appreciate this Halacha. In the torah portion we read two weeks ago, Parshas Emor, the children of Israel are commanded not to eat any new flour (from the 5 grains: wheat, oat, barley, spelt and rye) until the Karbon Omer is brought. The Karbon Omer was brought on the 16th of Nisan, the second day of Pesach. Even though we do not bring Karbonos today, the Rabbis ruled that the 16th of Nisan is still the cut-off for grain and flour. Thus there is a potential Issur Deoraysa (prohibition in the torah) to eat any flour that did not exist on the 16th of Nisan. When do we view the flour as Yoshon (old) and when is it Chodosh (new)? The Gemara writes that the plant must take root before the 16th of Nisan to be considered Yoshon once the 16th of Nisan arrives. For example: if a plant took root on the 17th of Nisan one would have to wait a whole year, till the next 16th of Nisan to eat. However, if a plant took root on the 15th of Nisan, one could eat the next day. How long is the period between planting and rooting? This is a machlokes in the Gemara: Rebbi Yehudah says it takes 3 days, while Rebbi Yosi and Rebbi Shimon argue and say it takes two weeks. We paskin (rule) that it takes two weeks from the time the seed is sowed till rooting takes place. Thus, any wheat seed that was sowed prior to the 2nd of Nisan will be considered Yoshon, and permitted to be eaten once the 16th of Nisan comes along. In coming weeks we will discuss more aspects of this halacha. However, I figured we would do it slowly so everyone has time to digest the old stuff (no pun intended) before we proceed. It is of course important to note, that since the 16th of Nisan has just passed, even those people that only eat Yoshon can eat any flour now. This is due to the fact that any flour or wheat product you purchase now, and at least until Shavous, was for sure rooted prior to the 16th of Nisan (It takes some time for the seed to grow and be harvested and packaged and put on the shelf). So go enjoy the Shabbas knowing that with every bite of challah, rugalach, deli roll and barley in the chulent you are being M'kayim the Mitzva from the Torah of Yoshon. (The gemara says money spent on food for shabbas isn't subtracted from your yearly allowance from Hashem- Some poskim comment on this and say from here we see the carbs eaten on shabbas aren't included in the allotment allowed by your nutritionist).

Prohibitions of Sefira #2

Last week we began our discussion on the restrictions of Sefiras Haomer. This week I would like to discuss the potential prohibition of listening to music during the 33 days one has taken upon himself to remember the loss of 24,000 students of Rebbe Akiva. As mentioned last week, the potential prohibition to listen to music began much later in history. As opposed to shaving and getting married, which have sources that date back close to a thousand years, the prohibition of listening to music only began being discussed 200 years ago. The Magen Avraham (1633- 1683) is the first to broach the topic. In his comments on the Shuchan Aruch's prohibition of getting married during Sefira, he extends the prohibition of the actual weddings to one of the integral parts of the wedding: dancing. The Aruch Hashulchan (1829- 1908) adds that it only seems logical to assume that if dancing is prohibited during the Sefira so too is listening to music. What emerges from this discussion is that the whole issue of listening to music is based off an extension of the prohibition of wedding and dancing. In fact, Rav Mordechai Willig, Rosh Yeshiva at YU, told me that one is permitted during Sefira to listen to music provided that his intention is not to dance. Thus, Rav Willig said, listening to music to assist you in your workout, or to make a car ride go faster, or to keep children calm is all permitted. (One caveat: if your family has a Minhag to be Machmir and not listen to music during Sefira, you are required to abide by it). However, if this is the Halacha why do a great number of people not listen to music during Sefira? Rav Moshe Feinstein in a discussion on the permissibility of listening to music year round (the Shulchan Aruch forbids it… and we can discuss this issue at a different time if people are interested) rules that it is forbidden. However, Rav Moshe realized that this ruling would be difficult for the people to abide by, and thus he advises that even if you want to be lenient during the rest of the year one should be Machmir during Sefira and the three weeks. Too often we do the mitzvah and miss the point. Mitzvos, especially those instituted by the Rabbis, were established as a means for us to achieve a lofty end. Whether you decide to listen to music or not this Sefira, let us all take time to reflect on what it means to lose 24,000 people (Sadly, this year we don't need to reflect- just the read the papers and hear the horror stories of the earthquake in China), and try to implement ways to better our Bain Adam L'chavero so a tragedy like this won't Chas V'shalom happen again

Prohibitions of Sefira #1

Last week we began our discussion of Sefiras Haomer with a brief summary of when and for how long is one required to perform and display signs of sadness of mourning. This week I would like to discuss what exactly is forbidden to do. The two most ancient, recorded and accepted customs are to refrain from getting married and taking a shave/haircut. Sources for both these customs date back close to 1000 years (the Gaonim and earlier Rishonim) and have been accepted by Klal Yisroel as a binding minhag. Since we mentioned last week that Ashkenazim can choose which 33 days of "mourning" to keep, the prohibition of marriage (assuming one plans to only have 1 wife) is limited to the 19 days between Rosh Chodesh Iyar and Lag Ba'Omer. For if one wants they can observe the first 33 days and thus marriage is allowed after Lag Ba'Omer or they may choose the last 33 days and marriage would be allowed prior to Rosh Chodesh Iyar. Rav Baruch Simon, Rosh Yeshiva of YU, once told me that even if you are holding the first 33 days and you get invited to a wedding by a couple holding the last 33 days, you are permitted to attend and dance. (More on music and dancing next week). In regards to shaving/haircuts most Rabbis rule that it is forbidden to shave for anything during the 33 days you have selected (the one potential exception is when Rosh Choesh Iyar falls on Shabbas- which didn't happen this year). However, some Rabbis feel that one is allowed to shave on Friday for Shabbas. They base there opinion on the fact that shaving for Shabbas is a mitzvah (Kavod Shabbas) and one is not allowed to introduce a minhag that will negate the performance of a mitzvah. It is worth noting that those who allow shaving for Shabbas do so not as a leniency, (drum roll please) but rather out of a stringent outlook on the requirement of Kevod Shabbas. While this may seem compelling, the mainstream Rabbis (including Rav Moshe Feinstein), that prohibit shaving even for Shabbas, contend that if chas v'shalom one is an Avel on Eruv Shabbas the ruling is clear that he is not allowed to shave, so too by the mourning of Sefira one is prohibited to shave. It should go without saying that an individual who does not regularly shave before Shabbas, would be prohibited to shave on Erev Shabbas of Sefira. [Hashkafic Point not for the EZ Queasy: To those that contend that maintaining a scraggly, unkempt beard does not look professional and thus inappropriate for work- I ask you to please pay a visit to the Muslim/ Hindu/ Hippie in the cubicle next to you and see if they look professional in their dress and attire? Sadly, sometimes we, Jews, are anti-Semitic also. We are so worried about what others will think of us, we never think to ask "If I am comfortable with Muhammad, in the cube next to me, wearing a turban, why should I worry that Muhammad will think less of me if I wear a Kippah"? We live in a culture that, thank G-d, grants us the freedom to practice religion and the American workplace prides itself on a code of cultural and religious tolerance. Other religions aren't afraid to show there uniqueness- why are we?] Next week we will discuss the remaining prohibitions during Sefira (if you have any questions in the meantime thehalachaboy@gmail.com is ready and prepared). Editor's Note: Someone please e-mail halachaboy he's getting lonely in party cubicle.

How to count the 33 days

As we have begun counting the Omer I figured we would spend the next few weeks discussing different Halachos of the Omer. I am willing to bet that you think you know something as true, which in fact has no basis what-so-ever. If you don't believe me- read on and see. Mistaken Fact: The mourning period of Sefira from the 2nd day of Pesach till Lag B'Omer is because Rebbe Akiva's 24,000 talmidim died then. Actual Fact: The Gemara Yevamos (62B) records that all the Talmidim died between Pesach and Shavous. So where do we get our 33 day minhag from? The Medrash has a different opinion on when the deaths occurred and writes that the students of Rebbe Akiva died from Pesach until Pros HaChag (half a month before Shavous). 49 days of Sefira minus half a month (15) gets you 34 days of Aveilus. In fact, the Shulchan Aruch writes (and thus Sefardim are required to follow) that one is not allowed to shave or get married until the 34th day. However we Ashkenazim who say everything is allowed on day 33- what is our basis? The Mahareal writes that really the Gemara Yevamos is right and the 24,000 students did in fact die throughout the whole 49 day period between Pesach and Shavous. However, on days in which Tachanun is not said they did not die. So if you take out a calendar and due some math you have the 7 days remaining of Pesach, 3 days of Rosh Chodesh (2 in Iyar and 1 in Sivan), and 6 Shabbosim in the course of Sefira for a total of 16 days of tachanun freedom. [Editor's note: the fact our shuls don't say tachunun the whole Nissan was a much later invention, and was probably spurred on by the same people that belong to the CNTE: The Committee for No Tachanun Ever: since there must be a bris taking place somewhere in the world] Thus 49 minus 16 equals 33. Of course it's interesting to note that the 33 days we observe were not the actual days they died; we are just observing 33 days to correspond to the 33 that they did in fact die. There are generally 3 ways to observe the 33 days. 1. 2nd day pesach to lag b'omer. 2. 2nd day of Iyar to Erev Shavous. 3. 1st day Rosh Chodesh Iyar (last day in Nissan) till 2nd day of Sivan (1st day of Shloshes Yimey Hagbalah) Rav Moshe writes that since any of the selections above does not correspond to the actual days the students died, one is permitted to switch from his normal custom each year. However, Sefardim who, based on Medrash, hold 34 days, cannot switch there minhag because those are the actual days they died.