Thursday, June 12, 2008

Halacha Notes

Hi! I'm posting halacha notes as I study them...(from Sara Stevens notes):

SIMAN SHIN VOV
Cheftzecha:
Alef: What does cheftzcha (pursuing your needs mean)? You're not allowed to pursue your wants. Even if it's a not a melacha that can't be done on shabbos but it's something you want to do after shabbos you're 'preparing' - that's assur. 
Example: on shabbos you walk in the garden & see the work that has to be done after shabbos - even though you're not doing anything muktzeh it's assur. 

Beis: This applies when it is clearly noticeable that you are preparing for after shabbos-something that's  not allowed on shabbos. 
Example: on the way home take a detour & walk by stores which is out of the area because you want to see something you want to buy after shabbos - its obvious what you're doing so not allowed. 

Daled: You're not allowed to buy, sell, rent, or hire out on shabbos. It's decreed by the chachamim because they were concerned that it would lead to writing. 

Hey: The Alter Rebbe says - in sif alef when it says cheftzcha it only applies to something personal. If it's for the sake of a mitzvah it's ok. Why? Because it says cheftzCHA - YOUR wants. 

Ches: You're not allowed to work for earning on shabbos - even if the work is mutar b/c chachamim were concerned that it will lead to business transactions. 
Example: Hire a worker to be watchguard (mutar on shabbos) - it isn't allowed b/c his intention is to earn $$. The boss is not allowed to pay and the worker is not allowed to accept $$. The issur is if he's being paid specifically for shabbos. If he's  being paid weekly including the work he does on the other days, then it's ok. 

Tes: If a person is gonna be hired for an amount of time you can't specify how much you're being paid per day. You just lump the amount per week/month and then he can be paid a whole sum of $$ including what he did on shabbos. 

Yud Alef: It's forbidden to hire a chazzan to daven on shabbos or yomtov - even if you hire him before it's still assur. Some goes for blowing shofar, etc. Another opinion: some people permit it because it's for the sake of a mitzvah (so there is no concern of business transactions coming out of it). The A"R says minhaf is that we're lenient but according to ALL opinions you won't see a siman bracha from this money - because it's earned on shabbos.
If they're hired for a week/month etc and what they do on shabbos is part of it, then it's fine. 

Yud Beis: We are just forbidden to do personal wants. You're allowed to deal with community matters- it's not personal. 

Yud Gimmel: One is allowed to speak to a teacher (who teaches a sefer or a trade) when he's going to teach, but you're not allowed to discuss the wage/fee. A teacher who teaches torah is obviously ltzorech shamayim and not ltzorech atzmo. Also learning a trade is allowed to be arranges because it's not cheftzecha - it's cheftzei shamayim because if you don't know a trade it could lead you to steal. 

Tes Vov: There are thos who say when someone pledges $$ on shabbos you can't say the amount that you're going to give. But the minhag is to be lenient b/c you're allowed to say the amount you're going to give to tzedaka on shabbos. 
It used to be when a chosson got married he would make a speech & then ppl would pledge to the new couple. The A"R says this is a bad idea because it's not tzedaka - it's a present & not allowed to give presents on shabbos besides food, drink, or something to use that day. 

Tes Zayin: It's a minhag to auction off aliyos in shul. The A"R says the one who bids more merits it. It would've been better if it was prohibited b/c it can lead to transaction, but you can squeeze in a way to reason it's ok. 
Selling seats on shabbos isn't allowed because it's an object. Auctioning off mitzvos is ok because they don't transfer owners (doesn't take away from someone else). 

Yud Ches: Auctioning off esrog in a shtetel is not allowed to do because it's measuring on shabbos (string, tape, etc.). metzitza shel mitzvah is allowed - to measure for a mitzvah. 
Example: A meis with kohanim in the adjacent room & open doorways - you're allowed to measure the doorway to see if the tumah could have gotten through. 

SIMAN SHIN ZAYIN 
Speaking on Shabbos
Alef: Vdaber davar. regarding these words the chachamim explained that one should not say on shabbos 'tomorrow I will do ____'. If it's asur from the torah or midirabanan. The A"R says that if speaking out it today will help it's still asur. 
Example: asking someone to rent a care since you won't have time after shabbos - is assur. 
Example: on shabbos don't say 'on tuesday i'm gonna rent a car'
Even if it's about a mitzvah it's still assur. 

Beis: Even talking devarim beteilim - do not mention doing a melacha because it's assur to speak about them. People who discuss news & discoveries because it gives them pleasure is mutar, but talmidei chachamim shouldn't do that much. Someone who doesn't fine pleasure in talking about things isn't allowed to talk about it & even more can't discuss it with their friends. 

BACK TO SIMAN SHIN VOV
Chof Alef: It's muttar to think about your business on shaboos - even to think about doing a melacha, how it's going to be done, because the issur only went as far as speech. It says 'vdaber davar' not 'hirhur'. Nevertheless if his thinking brings unrest in his heart or a trace of worry it's assur. Even though if you don't worry then it's mutar- from a perspective of oneg shabbos - one should not think of his business b/c shabbos comes & one should think that all his work is finished. We learn this from 
"sheshes yamim taavod v'asisa kol melachtecha'. 
pshat=all types of work
drash= you should imagine that all the work is note & with that though the oneg is great. 

Chof Hey: Someone who lost something on shabbos - it's muttar to make an announcement. Even if the lost object is muktze because it's a mitzvah of hashavas aveida. It's not cheftzcha - but for cheftzei shamayim because it's a mitzvah. 

BACK TO SIMAN SHIN ZAYIN
Hey: You're not allowed to tell someone something that will cause them tzaar - like telling about the death of a close one. 

Yud Gimmel: IT's assur to speak about financial calculations, because it might come to writing --but you can think about it. Why? Because machshava => mayseh is much less likely than dibbur => mayseh. 
If it's a calculation in a mishna etc. that helps you understand it, not for your own needs, then it's fine. 
Even numbers where there's no concern of writing - it's inappropriate to discuss it because you shouldn stay away from devarim beteilim.  

Yud Daled: You're allowed to say to a worker "do you think you'll have some time tonight?" because it's not outrightly saying any assur and what was hinted out was only bmachshava. However, you can't say "I need you to be with me tonight, or I ned work from you tonight."

Tes Vov: There are things that are generally done in a way that is assur on shabbos, but they can be done without it being assur. 
Example: One shtetl to the other is usually tchum shabbos, but if there's huts on the way then it's not out of tchum Shabbos. So if you want to say something about something that will be done after shabbos, but there are ways of gettng out of the issur in certain scenarios, then you can say it because there's a heter. In halacha terms it's called tzad heter. 
So only type of activity where there's a tzad heter - way to be allowed - then you can talk about it, but should use a term that specifically indicates an issur. 

Chof Alef:
Shtarei Hedyotos- mundane documents. Documents of debt, transactions, mortgages, accounts, bills, etc. (not allowed on shabbos) You're not allowed to read them because it falls under mimtzoi cheftzcha. You're also not allowed to look at them (read only with eyes, not lips). The rule of machshava not being assur only applies when it's not obvious what they're thinking about. If looking at a bill and thinking it's obvious what they're thinking. 

Chof Beis: Chacham extended the issur to any written/printed material - not allowed with eyes or mouth. Why? because the chachamim were concerned that if you were allowed to read other things it would lead to reading shtarei hedyotos. 
Example: can't read a list of guests/menu on shabbos. 

Chof Gimmel: Now the practice is that the shamash does read the list that was prepared (menu, guest list, etc.) Once something because practice the chachamim have to find a way to justify it. Because it's usually done in relation with a seudas mitzvah - if it's for the sake of a mitzvah it's not mimtzo cheftzcha so it's ok. 

Chof Daled: Example: If there are announcements in shul like shiurim etc. it's muttar to read them because it's either ltzorech mitzvah or ltzorech rabim-both cases it's muttar. 

Chof Hey: Letters of greeting are assur to read (both with mouth & eyes) on shabbos b/c chachamim scared it could lead to shtarei hedyotos. There is a lenient opinion: if it's a letter that was sent & was never read yet, you're allowed to read it because maybe there's something in the letter that you really need to know. The A"R says that because it's a safeik drabanan were lenient. But even if you're reading it should read with eyes not lips. 

Chof Vov: The actual LETTERS of greeting aren't muktzeh - just reading them isn't allowed. 

Chof Zayin: A practiced custom is that when the mailman brings the mail we should say to him 'please put it down inside' because it's customary not to take it from his hand because we are concerned that a person might take it from his hand before he stopped walking & then it's considered that he helped carry it - (3 parts of carrying:uprooting, transferring, and bringing to rest) - so he would put it down with means bringing it to rest- and that is part of the aveira of carrying. 

Chof Ches: Reading material that we CAN'T read (bills, etc.) are muktzeh. 

Chof Tes: If there is a wall that has animals or pics of history & underneath it says what it is, it's assur to read it - not even with eyes. You can't even read history or poetry. You are allowed to read history books if they have a message. Even on a weekday you shouldn't read 'stupid' books. 

Lamed: Different poems & manuals are forbidden to read on shabbos, but if it has a message of mussar or yiras shamayim then it's ok. Things without tochen are even forbidden on a weekday because it's a waste of time. Also assur to read books with romance because they cause the yetzer hara to start up & make people sin. 

Lamed Alef: There are those who say that on shabbos & yomtov you're only allowed to learn divrei torah & yiras shamayim. Even in books of knowledge are assur, but every sefer that doesn't have a connection to kedusha fall under the category of shtarei hedyotos = muktzeh to even move. Some people do read books & medicing & so on because it's not something someone will refuse with shtarei hedyotos. We are lenient. You are allowed to look at the stars with a telescope though. 

SIMAN REISH MEM ZAYIN
Amira L'Nachri - speaking to a goy

Alef: The chachamim said: 'you can't tell a goy to do melacha for you on shabbos - whether for free or for pay, whether you tell him before shabbos or on shabbos'. Because when a goy works he does it as an aged of the yid & also so shabbos should feel different and not just have a goy doing any melacha for you while you're at work. 

Beis: The chachamim stretched the issur very far & decreed various decrees.
Example: If the goy went & did a melacha on his own for a yid, the yid can't have hanaah on shabbos or even motzei shabbos - unless he waits 'bichdei sheyaaseh' the amount of time it takes to do the melacha. It goes even further - that if you see a goy doing a melacha on behalf of the yid - even without permission - you must tell him to stop (in situations where they don't stop, if it's a worker you have to fire them).

SIMAN REISH NUN BEIS
Daled: It's mutar to give their clothes to a goyshe drycleaners & the goy on his own chooses to do it alone. But that is only if the Jew doesn't tell the goy to do it on shabbos. You can't give it right before shabbos & tell the goy you need it by Saturday night & Sunday or Monday if you know the only time he'll be able to do it is shabbos. If the goy on his own did that & the jew didn't tell him a specific time to do it - then it's fine & the jew doesn't have to protest. 

Hey: The above only applies when it's in the goy's domain - he's not allowed to do it in a yid's house because it's noticabe that it's for a yid and ppl may suspect that the yid gave the goy work to do on shabbos. There are some opinions that say even if the goy does it in his house it's not allowed. 

Tes: If you place an order with a goy- for example to sew a gown/build something (the halacha is different because with the drycleaning it's already yours, where here the goy is making something new for your). It's allowed because it's not chafeits shel yisroel (something that belongs to a yid) unless it's public knowledge. 

SIMAN SHIN ZAYIN
Vov: Anything that's assur to do on shabbos it's assur to tell a goy before shabbos that you need it after shabbos. 
Example: Can't tell a goy before shabbos that on shabbos he should hire workers for you. 

Zayin: Anything that's assur to tell a goy to do for you on shabbos, it's assur to hint/indicate for the goy to do it for you on shabbos. It's considered like a command because the goy will understand from it what he's supposed to do - that's assur to tell a goy to do a melacha. 
Exampl: You ran out of tissues & need a box of tissues opened. Can't say: Your nose is running, go get a tissue, so he'll go open the tissues because that's a command. Even if the goy is coming on his own to do a melacha, he's doing it for the yid which is assur. Even if the Jew didn't tell him anything, the Jew has to protest. You're allowed hint on shabbos that you'd like a goy to do a melacha after shabbos. It's not medaber davar because it's only thought- you're just hinting, not saying outright. Important: If someone didn't say any word of instruction but you tell a goy something and he understands to do a melacha on shabbos Example: a goy who is brought a sealed envelope. A yid can't open & read it. You can't say to a goy 'as long as it's not opened I can't read it'. But if the goy just opens it on his own without instruction or hint then its allowed. 

Ches: It's muttar to tell a goy after shabbos 'how come on shabbos you didn't do so & so?' even though the goy understands that you want this certain thing for next shabbos it's still allowed. Why? 1) Because you're talking to the goy on a weekday. 2) The wording isn't a command 'do this next shabbos'.

Tes: Let's say there is something that you could only get on shabbos, you're not allowed to give a goy money to go & buy that thing. Hoever, if it's available on other days of the week & he bought it, then you're allowed to use it, but you're never allowed to tell him to go buy it. If there's a village where marked day is on shabbos, don't live there. 

Yud Beis: Something that isn't assur from the torah, but the chachamim said that you can't is issur shivyus-something you can't do because of chachamim. 
Example: cutting fruits isn't allowed because of Torah, but the chachamim took farther & said that you can't touch it or anything to do with it. Something thats a melacha & the only reason you can't do it is because of issur shiyvus - the only way you could ask a goy to do it straight out is if a person is sick (even allergies) = sakanas eiver. 

Lamed Gimmel: If there's a flood & water's coming & ruining possessions, you can call a goy to help you - even though you know the goy will do a melacha. But you have to be careful not to say any instruction to the goy or hint that he has to fix anything - or do a melacha. You're just allowed to call him & say "whoever helps won't go unnoticed" - but can't say straight out that he'll be paid. 2nd opinion: this doesn't apply in a flood, only applies in a fire (stricter). A"R: someone who's lenient & goes by the first opinion is allowed if there will be great financial loss. 

Lamed Daled If a yid tells a goy 'do melacha for me on shabbos' you're not allowed to have hanaah from that melacha after shabbos for the amount of time it would take you to do the melacha. 
Exception: You can NEVER have hanaah if it was done publicly - bfarhesya - everyone knew it was done for a yid

Lamed Hey: What happens if you tell a goy to do a melacha for another goy because the yid will benefit? 
Example: The yid tells a goy to put out the goy's fire, so that the fire doesn't spread & affect the yid then it's allowed.

Lamed Vov: If a goy comes over to a yid's house to leave something for safe keeping - pikadon- it's muktzeh. As long as its an object that belongs to the goy the yid's allowed to tell him to move it to a specific place. But if the object belongs to the jew: if the goy's is still holding it, then the goy can move it, but if the goy already put it down you can't tell him where to move it. 

Lamed Ches: The goy is milking form milk that belongs to him & the yid watched in order for it to be cholov yisroel. Even if the yid is on the farm & he sees the goy is doing it only for the yid, it's still allowed because it's really for the goy- he wants things to sell to make money. 

SIMAN REISH AYIN VOV
Candle a Goy Lights on Behalf of a Yid

Tes Vov: All the issurim only apply to to countries that aren't cold. In countries where it gets cold you're allowed to tell a goy to heat up a fire on a cold day because the cold causes us to be considered a cholah - so it's allowed. This is on a very cold day. If it's not such a cold day it's assur to ask a goy unless it concerns small children. 

Alef (?): A goy that kindles a flame for the sake of a yid, the yid can't use it because the chachamim sain: because kindling a flame was a melacha gemura on behalf of yid - that yid or any yid can't use it on shabbos. Even if the goy did it by himself because he wants pay - a yid still can't have hanaah because the yid will have hanaah from a melacha that was done for a Jew (because once the goy lights it the jew enjoys it & pays him) bc it's a chance that it will lead the jew to tell the goy straight out what to do. 

Beis: Nevertheless, if the goy on his own kindles a flame - a yid doesn't have to leave his house so that he doesn't have hanaah. However, don't do things that will make you have hanaah (using light to read, etc). Midas chasidus = turn your back to the flame to indicate that you're 'not interested' in the candle. 

Gimmel: Although we said above that you don't have to leave your house, the A"R says it makes a difference who's candle he's lighting. If it's a yid's candle he has to protest & tell him not to light - if the goy ignored it & lit it anyhow then the halacha above stays the same. If the goy who ignores you - you mist distance him from your house. If the goy thinks the more he does the more he will get paid - so although he's doing it for the yid he also thinks about himself - you still have to distance him. Reason why we have to protest is because of maaras ayin - people can think the yid asked the goy to turn on the light. 

Daled: If its the candle of a goy - if he's doing it on his own - you don't have to protest - even if the goy knows you're not paying him - it's not totally for the yid - even if it's in the yid's house. 

Vav: All of the above (since the beginning) is talking about clearly for the sake of a yid. 
But if it's for a goy himself - or another goy - you're allowed to have hanaah eve if the candle belongs to a yid because there's no concern that a yid will come to ask the goy to do something assur for him. 
If someone is really sick (a cholah) you can ask a goy to do a melacha for the sake of the cholah - even another jew can get hanaah from it. 
If it's miktzas cholah - a little sick- you're allowed to ask a goy to do something that's assur midrabanan but not doraisa. 
If it's life threatening it's not even a question - of course you can do it. 

Zayin: 1. If the mahority of the house is jewish and a goy does something, you can't have hanaah from it. 2. If half is jewish & a goy does something you can't have hanaah from it (because done partially for a yid) 3. If the majority of the house is yidden but it's clear that the goy did it specifically for himself - it's muttar to have hanaah. 

Yud Alef: If a person says to their goy servant 'come with me outside at night' (friday night) The goy on his own kindles a flame. Although the goy kindles the flame for himself, nevertheless you can't consider this case that the goy did it only for himself. Why? Because the ikkar of going is for the yid's sake. So the yid can't go with the goy unless the goy leaves the candle indoors, even if the candle belongs to the goy. Protest when he's kindling it, but if it's already kindled then can't walk with him with light. 

Yud Bais: A cleaning lady is washing dishes - in order to wash she turns on lights/flames. Can a yid have hanaah? Yes! Why? Because she turned on the light for herself-not for the actual washing - which is done for the yid - so it's okay to open the light because it's not for they yid. The yid doesn't have to protest, even if the candle belongs to the yid (same example with cleaning lady using hot water to wash dishes - it's for her benefit).

SIMAN SHIN CHOF HEY
Tes: If a goy did a melacha for a yid or it's done for both yidden & goyim - you can't have hanaah - on motzei shabbos has to wait the time it takes to do the melacha. This always applies when a melacha is done from the TORAH. It's also not allowed for any yid to have hanaah on shabbos & after shabbos for the time it would take. But if you do divrei sofrim kind of melacha, then on shabbos you can't have hanaah, but other yidden could & after shabbos the other people could, but the person it was done for has the same rule as before. 

Yud Ches: Any melacha that a goy did on shabbos - clearly for himself, but there's a chance that it was done for himself but he went a little farther and did more than he had to for the yid - you can't have hanaah. 
Example: A candle in public. A goy lit it for many people, a crowd of people & a yid is in it. Since it's 'ner l'echad, ner l'meah' -- a candle for one a candle for many - he can benefit from it because there was no extra melacha for the yid. 


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