Monday, August 31, 2015

Aveirot Ben Adam Lahavero

Aveirot Ben Adam Lahavero
Day: Monday
Date: August 31, 2015
Parshat: Ki Tavo
Yalkut Yosef: O"H 606


Yom Kippur brings atonement for many sins. However, sins between man and fellow man are not forgiven by HaShem until one first attains forgiveness from the one he sinned against. This is true whether the offense involves withholding money that is owed, belittling the other person, or causing physical or monetary damage to the other person. Therefore a person who has in any way slighted another must right the wrong and beg for forgiveness before Yom Kippur. If Reuven asks Levi for forgiveness and Levi refuses, he should return and ask again two more times in the company of three people. If after these three times Levi still refuses, he need not ask again. He should declare in front of ten people that he did his best to attain forgiveness and then he does not need to worry about it anymore. However, if Levi taught him Torah he can not give up even if he needs to go back a thousand times. On the flip side, one who is asked forgiveness may not be stubborn. He must do his best to forgive his fellow with his full heart. It is a wonderful thing for everyone without being asked to declare that they forgive anyone who may have slighted them.


DSH is brought to you in memory of Rabbi Mordechai ben Daniel. Please visit us online at sephardichalacha.org

Sunday, August 30, 2015

Customs During the Month Elul

Customs During the Month Elul
Day: Sunday
Date: August 30, 2015
Parshat: Ki Tavo
Yalkut Yosef: O"H 581


The Ashkenazi custom is to blow the shofar every day of Elul after Shaharit. The purpose is to serve as a reminder and an encouragment to do teshuva and mend our ways. There is a also a nice custom to say the mizmor "LeDavid HaShem Ori Veyish'i" (Tehillim Ch. 27) every day after Shaharit from Rosh Hodesh Elul until the end of Sukkot. The reason is because this mizmor references the holidays of Rosh Hashana, Yom Kippur, and Sukkot. During these days it is proper when saying the beracha of Hashivenu during the Amida to pray for the return of all those who have left path of the Torah, especially relatives. These days are days of special consideration and must be appreciated and taken advantage of to their fullest.


DSH is brought to you in memory of Rabbi Mordechai ben Daniel. Please visit us online at sephardichalacha.org

Friday, August 28, 2015

How to do Teshuva

How to do Teshuva
Day: Thursday
Date: August 27, 2015
Parshat: Ki Tetzei
Yalkut Yosef: O"H 581/602


The most important part of teshuva is for a person to completely stop the sin he is doing teshuva for and decide to not return to his sinful ways. One should also feel regret for what he has done. Another component is verbally admitting to HaShem that one has sinned. More than anything, the constant study of Torah causes HaShem to forgive a person. The Midrash Raba tells us (Vayikra Parsha 25) "A person who has committed severe sins and is sentenced by the heavenly courts to death can save himself. What should he do? If he normally studies one page of Torah, he should study two. If he normally learns one chapter of Mishnayot, he should learn two chapters. If he is not able to study Torah, he should raise money for charity and in so doing he will live." Our Hachamim have also taught us that one who sinned and does teshuva is considered even greater than a person who never sinned. The reason for this is because the one who sinned was confronted by an overbearing yetzer hara and yet still managed to break free.


DSH is brought to you in memory of Rabbi Mordechai ben Daniel. Please visit us online at sephardichalacha.org

Thursday, August 27, 2015

Guidelines When One is Saying Selihot Without a Minyan

Guidelines When One is Saying Selihot Without a Minyan
Day: Thursday
Date: August 27, 2015
Parshat: Ki Tetzei
Yalkut Yosef: O"H 581


One who is saying Selihot on his own without a minyan should omit the parts in Aramaic. These are omitted since when no minyan is present our prayers are brought to HaShem by angels and since the angels don't understand Aramaic they don't bring those particular prayers to HaShem. However when there is a minyan the Shechina of HaShem is present and the assistance of angels is unnecessary. Obviously this is a very deep concept not to be taken at face value. When saying The Thirteen Midot one should not count them on his fingers as is done when saying the ingredients in the Ketoret. This is because it is not quite clear which words in the verse are the separate midot. The Thirteen Midot should not be said in the regular way when there is no minyan present. Instead they should be said with the proper ta'amim as if the person is reading them from the Torah.


DSH is brought to you in memory of Rabbi Mordechai ben Daniel. Please visit us online at sephardichalacha.org

Wednesday, August 26, 2015

Walking on Grass on Shabbat

Walking on Grass on Shabbat
Day: Wednesday
Date: August 26, 2015
Parshat: Ki Tetzei
Yalkut Yosef: O"H 336


As mentioned previously, it is forbidden to rest things on or remove things resting in a tree on Shabbat. It is still permitted though, when eating the Shabbat meal outside, to hang a light or place candles on a tree before Shabbat to enjoy their light on Shabbat. One might have assumed this is not okay since it is possible that a person will remove it from the tree on Shabbat after it goes out. Removing the candle constitutes using the tree on Shabbat, which is forbidden. However, since the candle is muktzeh, it is not assumed that a person will remove it after it has gone out and therefore it is permitted to use a tree to hold candles for Shabbat. On Yom Tov however, since the candles are not muktzeh this is a valid concern and therefore it is forbidden to set the candles in a tree for Yom Tov even if they were placed before Yom Tov started.

It is permissible to walk on grass on Shabbat whether the grass is dry or not. It is also permissible to sit or spread a blanket on grass to sit on. One should be careful though not to pull out grass with his hands.


DSH is brought to you in memory of Rabbi Mordechai ben Daniel. Please visit us online at sephardichalacha.org

Tuesday, August 25, 2015

Climbing a Tree on Shabbat

Climbing a Tree on Shabbat
Day: Tuesday
Date: August 25, 2015
Parshat: Ki Tetzei
Yalkut Yosef: O"H 336


Out Hachamim forbade climbing on, hanging things on, resting things on, and leaning against, a tree on Shabbat since by doing any of these one may accidentally transgress the Melacha of Kotzer. The prohibition is so strict the if a person knew about it and climbed up a tree anyhow, he is not allowed to climb down on Shabbat. Once Shabbat is over though he may climb down. If a person climbed up not knowing that it's forbidden, he may climb down on Shabbat even if he finds out while he's still in the tree.


DSH is brought to you in memory of Rabbi Mordechai ben Daniel. Please visit us online at sephardichalacha.org

Monday, August 24, 2015

Picking Flowers From a Flowerpot on Shabbat

Picking Flowers From a Flowerpot on Shabbat
Day: Monday
Date: August 24, 2015
Parshat: Ki Tetzei
Yalkut Yosef: O"H 336


The Melacha of Kotzer also applies to things growing in flowerpots and planters, regardless whether the planter is connected to the ground or not. It is also forbidden to put a flowerpot or planter on the ground on Shabbat or to remove it from the ground on Shabbat. The prohibition against moving a planter is a Rabbinic decree and is true regardless whether or not the planter is connected to the ground in any way, has holes underneath or not, or what it's made of. It is also forbidden to take out of a cup of water an avocado pit or potato or anything else that was put there to grow roots.


DSH is brought to you in memory of Rabbi Mordechai ben Daniel. Please visit us online at sephardichalacha.org

Sunday, August 23, 2015

Smelling Besamim and Fruits Still Attached to the Tree on Shabbat

Smelling Besamim and Fruits Still Attached to the Tree on Shabbat
Day: Sunday
Date: August 23, 2015
Parshat: Ki Tetzei
Yalkut Yosef: O"H 335


It is permissible on Shabbat to make a beracha and smell besamim that are still growing from the ground. It is even permissible to bring the branch closer to one's nose in order to get a stronger scent. However he must be careful not to inadvertently pull off any leaves. It is forbidden to smell fruits that are still on the tree on Shabbat since he may accidentally pick a fruit to eat. However a person who is taking a walk in a garden and smells fruit, may say the beracha "Hanoten Reyah Tov Baperot."


DSH is brought to you in memory of Rabbi Mordechai ben Daniel. Please visit us online at sephardichalacha.org

Thursday, August 20, 2015

Kotzer - Picking Fruit on Shabbat

Kotzer - Picking Fruit on Shabbat
Day: Thursday
Date: August 20, 2015
Parshat: Shoftim
Yalkut Yosef: O"H 335


Kotzer is another of the 39 melachot forbidden by the Torah on Shabbat. Kotzer literally means plucking or harvesting and includes picking anything on Shabbat that is growing. This includes picking from the tree, plant, or vine fruit, vegetables, or anything else that has grown from the ground whether edible or not. Even if the tree has died and is completely dried out as long as it is connected to the ground is it forbidden to pick anything off of it. However, if a branch was detached before Shabbat began it is permissible to take fruit from it on Shabbat. Likewise, it is also permissible to break besamim branches and twigs into smaller pieces on Shabbat since they are not attached to the ground anymore. The besamim should be broken by hand, not with a knife.


DSH is brought to you in memory of Rabbi Mordechai ben Daniel. Please visit us online at sephardichalacha.org

Wednesday, August 19, 2015

Me'amer and Children's Toys

Me'amer and Children's Toys
Day: Wednesday
Date: August 19, 2015
Parshat: Shoftim
Yalkut Yosef: O"H 335


Children's toys that involve gathering or putting things together are allowed to be used by children on Shabbat and are not considered to be Me'amer. This includes Legos, blocks, checkers, chess and any other similar toys. Collecting the candies that are thrown in the shul as part of a celebration is also permitted and is not considered to be Me'amer.


DSH is brought to you in memory of Rabbi Mordechai ben Daniel. Please visit us online at sephardichalacha.org

Tuesday, August 18, 2015

Stringing Pearls on Shabbat

Stringing Pearls on Shabbat
Day: Tuesday
Date: August 18, 2015
Parshat: Shoftim
Halichot Olam: 4 Pg. 292


MiDe'oraita it is forbidden to gather together on Shabbat things that have grown from the ground. Pearls, whether farmed or natural, are considered to have grown from the ground and therefore may not be strung on Shabbat. Doing so constitutes a toldah, or an offshoot, of Me'amer. Fake pearls are forbidden Miderabanan to be strung on Shabbat since it appears as if one is stringing real pearls. Aside from that, there are also the issues of fixing and tying, both generally forbidden on Shabbat as mentioned previously. Nevertheless, if a string of pearls became undone on Shabbat, the pearls may be collected from the ground and saved for after Shabbat since that is not where they grew.


DSH is brought to you in memory of Rabbi Mordechai ben Daniel. Please visit us online at sephardichalacha.org

Monday, August 17, 2015

Me'amer - Gathering (De'oraita)

Me'amer - Gathering (De'oraita)
Day: Monday
Date: August 17, 2015
Parshat: Shoftim
Yalkut Yosef: O"H 335


One of the 39 Melachot forbidden on Shabbat is Me'amer, gathering items to a central location. The Torah's prohibition against gathering applies only to things that grow from the ground. Fruits that have been scattered around may not be gathered into a basket on Shabbat due to this prohibition of Me'amer. Instead they can be picked up one or two at a time and eaten. However it is forbidden to pick them up and put them straight into a basket or box. If the fruits fell and didn't scatter around, they may be picked up more than one at a time and may even be put into a basket. However if they fell onto dirt or pebbles they may not be put straight into a basket. If the fruits were still on the tree when Shabbat started they are muktzeh and may not be moved regardless.


DSH is brought to you in memory of Rabbi Mordechai ben Daniel. Please visit us online at sephardichalacha.org

Sunday, August 16, 2015

Helping a Non Religious Holeh on Shabbat

Helping a Non Religious Holeh on Shabbat
Day: Sunday
Date: August 16, 2015
Parshat: Shoftim
Yalkut Yosef: O"H 328


It is necessary to break Shabbat in order to assist any Holeh in danger even if the Holeh does not keep Torah and Mitzvot. Even if the person publicly desecrates Shabbat one is still required to break Shabbat to help him. First, the person may have decided to do teshuva and second, by not treating the person it might cause other non religious people to refuse to help religious people who need help on Shabbat. Therefore if a non religious person was in a car accident on Shabbat and lost consciousness, anybody around must help him even if doing so involves hilul Shabbat. It is best if possible for melachot De'oraita to be done by two people together which makes the Melacha a Derabanan instead of De'oraita.


DSH is brought to you in memory of Rabbi Mordechai ben Daniel. Please visit us online at sephardichalacha.org

Thursday, August 13, 2015

Visiting a Holeh on Shabbat

Visiting a Holeh on Shabbat
Day: Thursday
Date: August 13, 2015
Parshat: Ri'eh
Yalkut Yosef: O"H 328


It is permissible to arrange for "Misheberah" to be said in the shul on Shabbat for the benefit of a sick person. However the words "Shabbat Hi Melizok Urefuah Kerovah Lavo" should be said instead of refuah shelema. It is even permissible to pray for the recovery of a non Jew. However, if the non Jew is an idolator the prayer should be that he repent from his ways and be healed. It is also permissible for anyone, even a softhearted person who will be affected by the Holeh's suffering, to visit a Holeh on Shabbat. However here too the visitors should say "Shabbat Hi Melizok Urefuah Kerova Lavo" instead of saying refuah shelema.


DSH is brought to you in memory of Rabbi Mordechai ben Daniel. Please visit us online at sephardichalacha.org

Wednesday, August 12, 2015

Requesting a Haham to Pray for a Holeh on Shabbat

Requesting a Haham to Pray for a Holeh on Shabbat
Day: Wednesday
Date: August 12, 2015
Parshat: Ri'eh
Yalkut Yosef: O"H 328


It is forbidden to break Shabbat to send a request to a Haham to pray for a Holeh. This is true whether the Melacha would be De'oraita or even Derabanan. Even if it is well known and has been proven that the tefilot of that Haham are answered it is still not allowed to break Shabbat to send the request. If the Holeh himself insists that the request be sent, he must be told that sending the request involves hilul Shabbat and should be dissuaded. However, if he persists a non Jew may be told to go to the Haham since not sending someone there may make the Holeh upset and ultimately endanger him further.


DSH is brought to you in memory of Rabbi Mordechai ben Daniel. Please visit us online at sephardichalacha.org

Tuesday, August 11, 2015

Rescuing a Child Who Got Locked in a Room on Shabbat

Rescuing a Child Who Got Locked in a Room on Shabbat
Day: Tuesday
Date: August 11, 2015
Parshat: Ri'eh
Yalkut Yosef: O"H 328


It is permissible to break down a door on Shabbat to free a child locked in the room if the child is so afraid that he might come to harm if he is not rescued immediately. However if the child can be spoken to and reassured and there is no chance of danger he must wait until after Shabbat. Likewise, if a child got stuck in an elevator and it might turn into a dangerous situation, the fire department or elevator company may be called to rescued the child. It goes without saying that a child who is stuck in a car must be taken out immediately. The police may also be called to help search for a lost child if there is any reason at all to suspect that the child might be harmed. Likewise, if a child was found and he is hysterical and won't calm down, the police may be called on Shabbat to help locate the parents or family.


The DSH is brought to you in memory of Rabbi Mordechai ben Daniel. Please visit us online at sephardichalacha.org

Monday, August 10, 2015

Driving to Visit a Holeh on Shabbat

Driving to Visit a Holeh on Shabbat
Day: Monday
Date: August 10, 2015
Parshat: Ri'eh
Yalkut Yosef: O"H 328


As mentioned previously, it is permissible for anyone to accompany a Holeh to the hospital on Shabbat if it will make the Holeh more confident. Likewise, if the Holeh asks for a specific person to visit him and the doctor says that his condition might worsen if the visitor doesn't come, it is permissible for that person to drive to the hospital to visit. It is better if possible for the visitor to take a bus or some other form of transportation. Otherwise he may drive himself. This holds true if not going may worsen the situation. However, if the patient has dimentia for example, and won't even know whether or not the visitor actually came he may not do any melachot to get there since they won't help the situation.


DSH is brought to you in memory of Rabbi Mordechai ben Daniel. Please visit us online at sephardichalacha.org

Sunday, August 9, 2015

The Extent of Melacha Allowed for Pikuah Nefesh

The Extent of Melacha Allowed for Pikuah Nefesh
Day: Sunday
Date: August 9, 2015
Parshat: Ri'eh
Yalkut Yosef: O"H 328


It is permissible for anyone to go to the hospital with a Holeh on Shabbat if going will make the Holeh more calm or will help him in any way. As mentioned previously, it is permissible to do any melachot that will help the Holeh Sheyesh Bo Sakana's situation but no more. Therefore, one who drove a Holeh to the doctor on Shabbat may not drive back home afterward since driving back home will not help the Holeh. Once the car door is open the settings should be changed so that the lights will remain on even after the doors are closed. If that wasn't done then the settings should be change while driving to prevent the lights from turning on when the car is stopped. Obviously, if changing the settings will cause a light to turn on or off nothing should be done. Along the same lines, a person who called the doctor for a Holeh may not hang up afterward since that will not help in any way. If the not hanging up will tie up the doctor's phone line, then he may hang up since that will be dangerous for others.


DSH is brought to you in memory of Rabbi Mordechai ben Daniel. Please visit us online at sephardichalacha.org

Wednesday, August 5, 2015

Opening the Fridge on Shabbat for a Holeh

Opening the Fridge on Shabbat for a Holeh
Day: Wednesday
Date: August 5, 2015
Parshat: Ekev
Yalkut Yosef: O"H 328


Obviously, it is permitted to open the refrigerator door on Shabbat for a Holeh Sheyesh Bo Sakana even though the light will turn on. Once the door is open it is also permitted to take out anything else even if it is not needed for the Holeh. However, it is not permitted to close the fridge door in the normal way unless the Holeh needs the door closed to keep his medication fresh or something along those lines. If that is not the case, the door may be closed in a different way than usual, such as with his foot or simply by letting go and letting it close on its own. (See DSH from October 30, 2102 for more about opening the fridge on Shabbat.)


The DSH is brought to you in memory of Rabbi Mordechai ben Daniel. Please visit us online at sephardichalacha.org

Tuesday, August 4, 2015

Doing Melacha Bishinuy for a Holeh Sheyesh Bo Sakana

Doing Melacha Bishinuy for a Holeh Sheyesh Bo Sakana
Day: Tuesday
Date: August 4, 2015
Parshat: Ekev
Yalkut Yosef: O"H 328


There are some poskim who maintain that when breaking Shabbat for a Holeh Sheyesh Bo Sakana, if it won't delay anything, it should be done beshinuy. Therefore, according to those poskim, if one needs to use the phone in a Pikuah Nefesh situation it should be done bishinuy, such as with the left hand instead of the right. Other poskim hold that a shinuy is only necessary when dealing with a woman who is in labor. Even though a woman in labor is considered a Holeh Sheyesh Bo Sakana, still, since labor is a normal part of childbirth and is almost always not fatal it is best to use a shinuy in those situations as well. The accepted Halacha follows the second view. We follow this view so that no one will mistakenly think that breaking Shabbat for a Holeh Sheyesh Bo Sakana is not fully recommended. Therefore, one need not do any shinuy when assisting a Holeh Sheyesh Bo Sakana on Shabbat. Even with regards to a woman in labor, no shinuy should be used unless there will no delay at all because of it.


The DSH is brought to you in memory of Rabbi Mordechai ben Daniel. Please visit us online at sephardichalacha.org

Monday, August 3, 2015

One Who Did Melacha For Someone Who Turned Out Not to Need it

One Who Did Melacha For Someone Who Turned Out Not to Need it
Day: Monday
Date: August 3, 2015
Parshat: Ekev
Yalkut Yosef: O"H 328


A person who broke Shabbat for a pikuah nefesh situation does not need to do teshuvah since he did not do anything wrong. Even if it became clear later that it was not necessary for him to break Shabbat, such a person is still considered to have done a mitzvah since that was his intention. This is true regardless whether the holeh got better, didn't make it out of his situation, or even if someone else helped the holeh before he did. When breaking Shabbat for a holeh it is best for the melachot do be done by a Jewish adult man. If there are none around, it should be done by anyone who is there.


The DSH is brought to you in memory of Rabbi Mordechai ben Daniel. Please visit us online at sephardichalacha.org

Sunday, August 2, 2015

A Holeh Who Doesn't Want to Break Shabbat

A Holeh Who Doesn't Want to Break Shabbat
Day: Sunday
Date: August 2, 2015
Parshat: Ekev
Yalkut Yosef: O"H 328


A person who has been instructed by a doctor to break Shabbat in order to heal himself is not allowed to be strict and not do so. A Holeh who needs to break Shabbat but decided not to must be told that he is not doing something commendable. On the contrary, it is false piety and is a terrible thing. Moreover, one who does so will be punished by HaShem the same as anyone who damages another person. If necessary, treatment should even be administered against his will.


The DSH is brought to you in memory of Rabbi Mordechai ben Daniel. Please visit us online at sephardichalacha.org