Question:
- If a woman did her hefsek taharah 5 minutes after shkia, will it count for her? Can one rely on R’ Moshe (OC 2,62) in a bedieved state? Would it only be in a shaas hadchak (and if so, what would be called so)?
- Also, can one rely on Zmanim posted on Jewish calendars etc that are given out for free?
Answer:
- The minhag in Eretz Yisroel is that even if she missed shkiya by a little bit it does not count for her, and she will have to start counting the next day. Even what R’ Moshe zt”l wrote was only b’shas hadchak, and specifically for New York. Although the idea may also apply to E. Yisroel, the amount of time would be shorter, because in E. Yisroel it gets dark much quicker (40 min. vs. 72) (See Birur Halacha 2 O:CH 293, pg. 96). Additionally, R’ Moshe generally did not permit doing a hefsek after shkiya even in New York. If someone has a specific situation he has to discuss it personally with his Rov.
- A woman should preferably make her hefsek a few minutes before the shlkiya that is written in the calendars, however if she didn’t she can rely on the time that it says in the calendars.
Sources:
- Igros Moshe O:CH 62 D:H U’linyan Hefsek Tahara, O:CH 4 -17 (26), Pischei Halacha (Nidda) Chap. 30 ftnt. 55, Tzohar 12 pg. 158 in the name of R’ S. Z. Auerbach zt”l, Divrei Yatziv Y”D 98, Shevet Halevi 10- 146(1), Teshuvos Vhanhagos 1-508, Knei Besem 1-98, Nitei Gavriel (Nida) chap. 49-18, Mareh Cohen pg, 41.
- Zera Shmuel ftnt. 376 that R’ Y. Berkowitz shlit”a said that he heard this from R’ Eliyashiv zt”l, Poskim.
I have always been fascinated by the sugya of zmanim. This is more of a semantical comment as the poskim Eretz Yisroel unequivocally pasken like the Gra and sunset is the end of the day. But isn’t Rav Moshe’s cheshbon based on the safek l’dinah if we pasken like Rabeinu Tam or like the Gra? I thought the reason this doesn’t work in Eretz Yisroel is that the is not a safek l’dina as they pasken only like the Gra, so that takes away one of the safek of the safek sefeika and not because it gets dark earlier. The time of 9 minutes is based on Gra’s tzeitz is New York. But the idea of safek sefeika would apply anywhere and one would just have to calculate the bein hashmoshos of the Gra in that area. There are those in New York who pasken like the Gra (The Spanish Portuguese Synagogue) and tzeitz is around 24 minutes after sunset. For them they don’t have Rav Moshe’s safek sefeika even in New York as they hold like the Gra
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