When does one observe an Adar yahrzeit in a leap year? Answer: For somebody who died on Adar of an ordinary year, the Shulchan Aruch (568:7) writes that one should observe the yahrzeit on Adar II. The Rema, however, notes that some say it should be observed on Adar I, and adds that some observe […]
Author Archives: Rabbi Yehoshua Pfeffer
Yahrzeit in Leap Year
In a leap year, is a yahrzeit 12 months after a relative’s death, or on the same date a year later? Answer: The yahrzeit depends on the date, and not on a 12 month period. If somebody died, for instance, on Adar I of a leap year, the yahrzeit will be in Adar of the […]
Maaser From Gift Card
I received a gift card to a mall I probably would not have shopped at if I hadn’t received the gift card… am I obligated to tithe 10% maaser to from the gift card received? Answer: It is proper to give maaser from the amount of the gift card. Best wishes. Sources: A number of […]
Neutering Pet by Means of Non-Jew
Can one follow the lenient opinions of the Aruch Hashulchun and the Chasam Sofer regarding whether a gentile is forbidden or allowed to spay/neuter animals? and the resulting idea of neutering a male pet as long as the procedure is performed by a gentile? http://havolim.blogspot.com/2008/05/emor-vayikra-2224-ubeartzechem-lo-saasu.html?m=1 http://www.daat.ac.il/daat/english/halacha/jachter_1.htm Answer: The Shulchan Aruch writes that it is forbidden […]
More Questions on Christianity in Torah
To any rabbis I forgot to ask these questions. Before I do, you can take you time. 1)Know the story of Jacob wrestling with god or angel(not sure what one)is that a real story actually happen or made up? 2)Know the stories of Noah getting drunk and other stories, are they literally? 3)Does the Torah […]
Jewish Genealogy
My husband and I began to live out Torah about 10 years ago. Last year I sensed that I should find out my heritage so I tried to do a search on Jewish Geneology site. When I put in my grandfather’s name on my Mom’s side, it directed me to ancestry.com where they were listed, […]
Cost of Heating System
We own an apartment in Jerusalem that is being rented out and all the tenants must pay for the heating costs throughout the winter. The tenants in the apartment decided to switch off the heating system. However, in order for the heating system not to break down it must be on at least once a […]
Maaser Money for Lottery Ticket
I’ve heard that I can use maaser money to donate to a Torah organization by buying tickets in their Chinese auction. If I don’t know how many tickets they are selling, and have no way of finding out how many are sold, (I do know there is essentially an unlimited amount of tickets being sold), […]
Mesira – Under Which Circumstances?
My question relates to mesira. When is one allowed, under what circumstances, to go to the non-jewish authorities, if another jew is stealing/cheating/lying and causing significant financial harm to other jewish people and lying to the authorities about it (public company)? Answer: Under certain circumstances it is permitted to go to the authorities. This is […]
Positions for Covert to Judaism
From the point of view of Halacha: A person who has already converted to Judaism, can become a Rabbi (Yoreh Yoreh)? A person who has already converted to Judaism, can become a Dayan (Yadin Yadin)? A person who has already converted to Judaism, can teach the Torah to other people who are in the process […]
Fly in Soup and Later Divided
If I had let’s say a soup that fell into it a fly. The entire soup seemingly becomes ossur if I can’t find the fly since it’s a “beriah” and not battel even with shishim. If I then (by mistake) pour the soup out into 3 bowels, could we then say that the issur is […]
Touching Garbage Before Davening
Other than private body parts what else exactly can you NOT touch after washing and before davening? Can you touch the floor to pick something up? Throw away ‘clean’ garbage, ie. milk cartons, Kleenex…. what exactly is forbidden to touch? Thanks! Answer: Anything that doesn’t actually soil your hands is permitted to touch. There is […]
Using Inedible Oil for Chanukah
Must one use olive oil that is fit for consumption for Chanukah purposes? I’ve heard this cited in the name of Rav Elyashiv, but edible oil is considerably more expensive. Answer: There is no need to use oil that is marketed as edible, and it is perfectly fine to use the normal oil that is […]
Man (or daughter) Forgot to Light Shabbos Candles
1. If a man is divorced and he forgot to light Shabbos candles, is there a knas for him? Also, when his daughter, who is above Bas-Mitzva, comes for Shabbos, she is the one who lights the candles: 2) Is that OK? 3) If once she forgot, does she have to light an extra candle […]
Erasing Part of a Letter on Shabbos
Erasing a whole letter on Shabbos, without intention to write in the space, is a rabbinic prohibition. What about erasing “part” of a letter, in a way that leaves the original form of the letter complete (just “takes away” a little). Is this also prohibited? Is it permitted? Answer: Erasing a single letter can be […]
Inheritance Based on Legal Instructions
I have a question: my aunt, the wife of my mother’s brother, passed away after both her husband and only daughter (and even their pet poodle….) had left the world. I received a check from her estate: she had given brothers and sisters (from her side and her husband’s side) each an equal portion; in […]
Funding for College Withheld
Went to a Jewish college for 3 years, earned a BA got government funding. College refuses to give me my degree and transcripts because they claim that the government took back funding because I already had A first talmudical degree from a Yeshiva. However I continuously asked the college if my funding is in order […]
Forgot Ata Yatzarta
If someone by mistake didn’t say “atah yetzartah” and instead davened a regular musaf on Shabbos Rosh Chdoesh, would they be yotzei bedieved, since they did say “musafim kehilchasam”? Answer: No, if “ata yetzarta” is forgotten, and one has already finished the Mussaf davening, one must repeat Mussaf. The reason for this is that this […]
Bought Coffee By Mistake
I run a coffee vending machine (which means you put in money and a cup with water sugar and coffee granuals come out mixed together) in a yeshiva. if you learn in the yeshiva you press certain buttons and you get a free coffee; if you do not learn in the yeshiva you have to […]
Manipulation of Gift Cards Policy
There is a complicated method of increasing rewards on one’s credit card by purchasing reloadable gift cards but without actually purchasing real items. Is this permissible? There is also a way to send money back and forth to a friend using a credit card and also increasing ones rewards points. Is this permissible? Thanks Answer: […]
Seats for Rosh Hashanah from Maaser
1. I purchased a seat for Rosh Hashana/Yom Kippur in the ladies section of M shul. I paid the member’s wife’s price of 60 shekels. When I arrived on Rosh Hashana, however, I was unable to sit in my designated seat more than 5 minutes. The air conditioner wasn’t working and the room was stuffed […]
Mother Paying Tuition from Maaser
I read that a woman who supports herself independently can use her maaser money to pay her son’s tuition as she does not have a mitzvah to teach him Torah. Is this correct? Answer: Maaser money should not be used – even by a single mother – for the payment of tuition. If circumstances are […]
Modesty in Ballet Class
I would like to know if a woman may take dancing classes (ballet) with non-Jewish man in the same class? Does she need to be dressed with tznius? Thanks for the attention! Answer: Strictly speaking, it is permitted to take dancing classes in front of a non-Jewish man, and no special dress code is required. […]
Fulfilling Husband’s Will
Chazal say: Who is a worthy woman? One who fulfills her husband’s will. I heard that this is also a din in Shulchan Aruch, Even Haezer 60-69. I would like to know the practical ramifications of this halacha. (Obviously, a husband can’t tell his wife to do soemthing against the Torah.) Does this imply that […]
Exemption from Peru Urvu
I have inherited bipolar depression from my father. I am able to control mine to some extent with medication, but it ruined my father’s life as he went undiagnosed for much of his. I therefore do not consider myself a suitable candidate to marry and/or procreate as it is virtually certain any children I have would […]
Offering Wine at Table
In orthodox circles, If person drives a car on shabbos, it is safe to say that he is not a shomrei Shabbos. This one is pretty easy. How about the scenario, where the host drinks wine at Shabbos table and not offering it to his guests? Would be this person considered a shomrei Shabbos too? […]
Kaddish after Aleinu
I heard an Avel should not add Kaddish. If I already Davened Mincha and said Kaddish after Aleinu since I am an Avel, do I say Kaddish again after Aleinu for Mincha at a second Minyan that I arrived at Ashrei? Answer: As an avel, the custom is to say the Kaddish after Aleinu, and […]
Exercise on Yom Tov
Does exercising on Yom Tov carry the same stringency as Shabbat? If exercise for pleasure is permitted, can one ride a bicycle that is hitched up to an stationary contraption? Answer: Exercise on Yom Tov has the same basic status as exercise on Shabbat. Although there is room to permit exercise when a person enjoys […]
The True Esrog: The Halachic Matter of Grafted Esrogim
The Torah teaches us: “And on the first day you shall take for yourselves the fruit of a beautiful tree… and you shall rejoice with it before Hashem your G-d seven days” (Vayikra 23:40). According to the Ramban, the word ‘esrog’ itself is the Aramaic translation of the Hebrew word hadar, both words meaning desired or beautiful. Of course, […]
Carrying on Chol Ha-Mo’ed
Is there any issue of carrying on Chol HaMoed “stam” without any reason. Are there any poskim that speak about this? Answer: The custom is not to be careful for this, meaning that there is no prohibition on carrying, even for no reason. The Shemiras Shabbos explains that carrying was not prohibited by the […]
Standing for Berachos of Torah Reading
Why is it that most people do not stand for the berachos before Kriyas Hatorah? Even if people do not stand for kriyas hatorah, don’t they need to stand for the berachos? Thank You, and Gmar Chasima Tovah. Answer: There is no need to stand for the berachos before Keriyas Ha-Torah. Although the Magen Avraham […]
Happy Yom Kippur
Is it appropriate to wish a person Happy Yom Kippur? Answer: Interesting question. The Mishnah (end of Taanis) actually writes that the day of Yom Kippur is the most joyful day of the year, which will apparently make the “happy” greeting appropriate. However, in truth the greeting does not really match the spirit of the […]
Kissing on Yom Kippur
Is it permitted to kiss (one’s wife or somebody else) on Yom Kippur? Answer: One must not kiss one’s wife on Yom Kippur. Although the principle prohibition is on marital relations, as ruled by the Shulchan Aruch (615:1), the Shulchan Aruch adds that a person must not sleep in the same bed as his wife, […]
Chewing Gum on Yom Kippur
It is permitted to chew gum on Yom Kippur? Answer: No, it is not permitted to chew gum on Yom Kippur. Tasting and expelling food is not permitted on Yom Kippur (Orach Chaim 567), and chewing gum is similar, to a degree, to tasting and expelling. Yet, there is room to suggest that gum is different […]
Yom Kippur Commences
When does Yom Kippur of 2013 commence? Thanks. Answer: Yom Kippur begins at sunset of Friday, September 13, 2013. One must refrain from eating and drinking and from performing all forbidden labor in advance of this time (preferable some 20 mins before). Best wishes.
Order of Precedence in Berachos
The festive meal in the evening of Rosh Hashanah opens with eating the simanim. Based on the Talmudic statement (Horayos 12A) asserting the importance of good omens on Rosh Hashanah, we have specific foods on the table, over which prayers related to the New Year are recited. Although it is not clear that this was […]
Tallis and Tefillin on Rosh Hashanah
Does one wear Tallis and Tefillin on Rosh Hashanah? Answer: Like other festival days (Yom Tov), on Rosh Hashanah we wear a tallis but not tefillin. [Yom Tov is also considered an os, a sign, and therefore we do not don Tefillin, which are also a sign.] Unlike Yom Kippur, the tallis is worn in […]
Round Challah for Rosh Hashanah
Why do we bake round challos for Rosh Hashanah? Answer: The challah of Rosh Hashanah is sweet, symbolizing the sweet year that we wish Hashem to give us. It is made round to symbolize the circle of the life and the cycle of a new year. The challah is also in the shape of a crown, […]
Visiting Graves on Rosh Hashanah
Should one visit graves on Rosh Hashanah? Answer: No, one should not visit graves on Rosh Hashanah, which is a Yom Tov (a joyous time – Hashem is close to us in His judgment). However, the Rema (581) writes that some have the custom of visiting graves on the eve of Rosh Hashanah, in order […]
Tehillim on Rosh Hashanah
Should one read Tehillim on Rosh Hashanah? Answer: Yes, this is a good practice. Reading Tehillim is always a positive practice, in petitioning Hashem with the holy words of David Ha-Melech. On Rosh Hashanah, when we need Divine favor more than any day, it is certainly a virtuous time for Tehillim. In fact, the Brisk […]
Smoking on Rosh Hashanah
Is it permitted to smoke on Rosh Hashanah? Answer: Although there are some who permit the practice, many rule that today it is forbidden to smoke on Rosh Hashanah (and on Yom Tov generally), and therefore the practice should be avoided. Best wishes. Sources: Several poskim of previous generations (before health concerns became well known) […]
Eruv Tavshilin for Rosh Hashanah.
Must an Eruv Tavshinin be made this year (2013) for Rosh Hashanah? Answer: Yes, an Eruv Tavshilin must be made in order to permit preparations from Rosh Hashanah for Shabbos. This applies when Yom Tov (such as Rosh Hashanah) falls on Friday, as the second day of Rosh Hashanah does this year. If the Eruv […]
Haircut Between Rosh Hashanah and Yom Kippur
Is it permitted to take a haircut between Rosh Hashanah and Yom Kippur? Answer: Yes, there is no problem in taking a haircut during this period. However, there is a special virtue in taking a haircut on the eve of Rosh Hashanah (and if not on the eve, a short time before), in honor of […]
Water with Lime on Airplane
Hi, Recently I was on a domestic in the US flight and I asked for a glass of water. The flight attendant brought it to me and said, “The water looked dead, so I put in a cut lime to freshen it up.” I was wondering what would be the halacha? Would it be ok […]
Curling Peyos on Shabbos
May one wet and curl peyos on Shabbos? Are there issurim of sechita, binyan, and tearing out hair involved? Answer: The main problem of curling peyos on Shabbos is binyan. It is in general forbidden to brush one’s hair, including peyos, on Shabbos, because hair is pulled out, but it is permitted to use a […]
yichud in the workplace
I have a question about yichud – in the law firm where I work, it often happens that I am alone with three (sometimes two) women.* The door is locked, and whoever wants to enter needs to press the buzzer – at which point he is buzzed in and allowed to enter. The door is […]
Wearing Tzitzis Out
Two very common differences between many in the yeshiva world and others is (1) wearing tzitzis out and (2) growing peyos behind their ears. Are these two things obligatory or not? I ask b/c I have seen many very choshuv people (even in eretz yisrael) that don’t have peyos and sometimes even a beard and […]
Taking Tallis Home from Shul on Shabbos
If one lives within an eruv, is it permissible to carry your tallit home in its bag after shul even though you won’t be using it anymore that Shabbat (and therefore one could say it no longer has a Shabbat use that day) or do you need to wear it home because you won’t be […]
Parshas Matos – Speaking (and Writing) of Charity
The issue of nedarim (vows) crops up unexpectedly at a number of junctures along our daily routine. One such juncture is the matter of donations to charity. In the weekly article we discuss questions involved in giving charity by means of checks. Can a person retract from his check donation? Can a person change his mind after writing a check to charity, but before the check was handed over? This week’s article answers these questions, as well as addressing a number of additional points.
Transferring Inheritance in Halachah
In Parashas Pinchas we encounter the issue of daughters inheriting their father. In the case the Torah refers to, a person died without leaving behind any sons, and the question of whether daughters should inherit or not is addressed. The question was ultimately asked of Hashem Himself, who answered that where there are no sons, daughters inherit their father’s entire estate.
The question we wish to discuss at present is daughters’ inheritance where there are sons.
Although according to Torah law daughters do not inherit where there are sons, many parents wish their children – sons and daughters alike – to inherit their estate on an equal basis. In addition, there are sometime circumstances where a parent wishes a specific child – son or daughter – to inherit a larger portion than his or her siblings. This can be due to financial circumstances of the children (some are wealthy anyway, and do not need inheritance money to get by), or because of some other reason that a parent wishes to increase the portion of one child (or more than one) at the expense of his brothers.
In order that daughters should inherit, a tzavaah document must be written – a Torah Will giving instruction as to how a parent’s estate should be divided. In the present article we will not discuss the details of how a tzavaah document must be written. Ensuring that the tzavaah is fully binding (in Torah law) requires a significant degree of technical expertise. When writing a tzavaah it is important to consult with somebody expert in the field. Rather, we will explore the fundamental question of transferring an estate, or a part thereof, to daughters, or to anybody who is not the basic Torah beneficiary.
Is there a problem in circumventing Torah inheritance law by writing a tzavaah? What precedents do we find for doing so? Are there specific reasons for which it is permitted to transfer an inheritance from Torah inheritors? Is there a need for a legal tzavaah, or can one rely on inheritors to execute a person’s wishes after his death?
We address these questions, among others, below.