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Summer Halachos Issue 7 – by Rabbi Moshe Dovid Lebovits

Last Summer, we began our discussion relating to Summer Halachos. Over the next few issues we will conclude our discussion on this very relevant topic.

Position of One’s Bed

The Gemara[1] says that a bed should be placed from north to south. One who does so will have male children, and his wife will not miscarry. The head should be to the north and feet to the south.[2] Others say that there is no difference.[3]

This is quoted in halachah as well.[4]

Reason

The reason for this rule is that the Shechinah is to the east or west. When one is together with his wife, he should not face in the direction of the Shechinah,[5] as this is a disgrace.[6] Logically, this would only be an issue when one is with his wife,[7] and there is no issue with a single person. However, the Rambam[8] does not make any distinction, and the Shulchan Aruch[9] says it is proper to be concerned about this even when one is not with his wife.[10]

The Zohar rules that the bed should be positioned from east to west. This is quoted by other poskim as well.[11]

Since the Zohar and the Gemara disagree, one may do as he wishes.[12]

Many homes do not allow the luxury of choosing positions, especially in the small quarters of a bungalow. Therefore, one may rely on those opinions that permit beds in the east-west position.[13] One should place his head toward the east and feet toward the west.[14]

Even according to the opinion that one should place the bed north to south it is only an issue to sleep that way, but sitting on the bed is permitted even in the east-west position.[15]

Drying Hands after Funeral

The custom is to wash one’s hands[16] after leaving a funeral[17] or a cemetery. No utensil is required,[18] but the practice is to use one. One may dry his hands after washing,[19] although the custom is not to,[20] in order not to forget about the deceased.[21] In addition, the custom is not to take the utensil from the hand of the previous washer.[22]

In the cold of winter he may dry his hands,[23] but not in the summer.[24]

If one stood four amos away from the deceased or did not enter the cemetery, there is no need to wash. It is preferable not to walk into a home until one washes his hands.[25] However, some permit entry into a public building like a shul or yeshivah before washing hands.[26]

Sweat and Washing Hands

People sweat profusely in the hot summer.

If one touches parts of his body which are usually covered, he has to wash his hands[27] (when he wishes to learn, daven[28] or make brachos)[29] since it is common to sweat[30] there.[31] He does not have to wash his hands after wiping sweat from areas that are usually uncovered, since the air cools off the sweat.[32] It is preferable not to touch a garment that one knows is very sweaty, such as a hat.[33]

If one is wearing a baseball cap while playing ball and touches the sweat under the cap, he should be careful to wash his hands before making a brachah on water at the game.[34]

Tzitzis

If one wears his tzitzis on top of his t-shirt so that they do not get sweaty while playing ball, he may tie the ends of the tzitzis together so that they do not fly in different directions.[35]

When to Remove the Tefillin

One should not remove his tefillin before hearing three Kaddishes and four kedushos. The four kedushos are 1. Barchu 2. safa berurah 3. the kedushah recited at chazaras hashatz 4. the kedushah of U’va l’tzion. The three Kaddishes are: 1. the half Kaddish at Barchu 2. the half Kaddish after Shemoneh Esrei 3. the Kaddish after U’va l’tzion.[36] Accordingly, one should not remove his tefillin until after the Kaddish of Ashrei U’va l’tzion.[37] Some base the reason on the writings of Kabbalah.[38] Many poskim say that it is proper to wear the tefillin until after Aleinu if a Kaddish will be recited then.[39] Others say that one may remove his tefillin after reciting Al kein nekaveh lecha in Aleinu.[40]

In the hot summer when the tefillin can be ruined from sweat, one can remove them after Ashrei U’va l’tzion and not wait until after Aleinu.[41] Today, most shuls are air conditioned, so one should keep his tefillin on until after Aleinu.[42]

Walking to Shul with Tallis and Tefillin

The halachah says that one should walk to shul while wearing his tallis gadol[43] and his tefillin.[44] If there are non-Jews on the way, he should put them on in the courtyard before entering the shul.[45] Similarly, if he knows that he will pass filthy places on the way to shul, then he should put them on in the courtyard of the shul.[46] Others mention that our streets are filled with people who are not dressed properly, and it is not proper to wear tefillin in the streets.[47] Some say that if the weather conditions are not favorable (hot, cold, or raining), there is no need to wear them in the street.[48] Others say that we are not on the level of the Arizal to wear them in the street.[49]

The Aruch Hashulchan[50] says that the custom is to put on the tallis and tefillin in shul.

In fact the custom of some gedolim was to walk to shul[51] (and back) wearing the tallis gadol and tefillin.[52]

It is reported that Harav Moshe Feinstein zt”l held that if one does not wear the tallis and tefillin in the street, there is no need to put them on in the area before the shul. Rather, he can put them on in the shul itself.[53]

Bungalow colonies and camps are generally exclusively Jewish and are clean. Therefore, one should wear his tallis and tefillin to shul, but the custom seems to be lenient.

On Shabbos, there is no inyan to wear the tallis to shul, since the concept is the tallis with tefillin.[54]

Covering Head with Tallis

A shatz should always keep his head covered when davening even if it is hot.[55] Some are lenient if it is hot, but he should keep his head covered during Krias Shema, Shemoneh Esrei, Krias HaTorah, and chazaras hashatz.[56]

Tefillin Falling

Camps have limited space, and tefillin are often piled up on a shelf. This sometimes leads to an unfortunate situation where tefillin fall on the floor.

Many poskim mention that one should fast the entire day if his tefillin[57] fell[58] on the floor.[59] If one fears that fasting will interfere with his learning, some suggest that he learn more than usual instead of fasting.[60] If others saw it fall there is no need to fast.[61] Fasting is only required if the tefillin fell without the bag (and not in the tefillin boxes).[62] Some give tzedakah in this scenario.[63] If a young child under thirteen dropped the tefillin, neither he nor the father need to fast.[64]

In any case, due to the weakness of our generation many do not fast and instead give tzedakah,[65] do teshuvah, etc.[66]

Sewer Back-Up

Large cities rarely experience sewer back-ups. However, this unpleasant event does happen in bungalow colonies, and there are issues regarding saying brachos and learning. These halachos are very detailed, and we will only discuss how they relate to this specific point.

The pasuk states, Your camp should be holy.[67] Based on this, one is not allowed to recite[68] words of Torah, Krias Shema, davening, or make brachos[69] in the presence of filth such as excrement, urine, garbage, etc.[70]

If the excrement is behind him he may not recite devarim sheb’kedushah until he distances himself four amos from the cessation of the smell.[71] If it is on the side, it is considered behind him.[72] One should try to turn his body so the excrement is behind him.[73]

If the excrement is in front of him, then he has to distance himself from the excrement until it is no longer visible.[74] There is a dispute between the Rosh and Rashba if it is sufficient to enter a different room.[75] The Rashba prohibits this as well, but the Rosh permits devarim sheb’kedushah as long as one does not smell the odor. We follow both opinions;[76] therefore, if the excrement is in one room, one may not say devarim sheb’kedushah even if it is more than four amos away. If the excrement is visible, one may not say devarim sheb’kedushah even if it is in a different room (but thinking is allowed).

Based on the above, people must distance themselves from a sewer back-up until there is no odor. Entering a building would not help if one can smell the sewage.[77]

Garbage

People like to sit outside and learn. In many bungalow colonies, the bungalows are close to each other and each one may have their own garbage can outside.

If a smell is emitted from the garbage can one must make sure not to learn there,[78] and must distance himself four amos from where the smell stops. In regard to our garbage cans, the odor generally emanates from the bottom of the can and is considered out of vision; therefore, one does not have to move four amos from where the smell stops.[79] Others argue that the garbage can is considered a separate location. Furthermore, the garbage is usually placed in a plastic bag. This limits the smell, and even a soiled diaper is mixed with many other items like paper. This prevents any issues of saying devarim sheb’kedushah.[80]

Counting a Child towards a Minyan

During the year, the question of whether a child can be counted towards a minyan is usually irrelevant. However, it does arise in the country when only a few men come up to the bungalow during the week.

The opinion of the Shulchan Aruch[81] is clear that some opinions permit a child to be counted towards a minyan if he is above six and understands the concept of davening.[82] However, one should not rely on this.[83] The Rama[84] adds that even holding a Chumash in his hand[85] does not work, but the custom is to allow it in a pressing situation.[86] If it is a pressing situation, some are lenient even without the Chumash,[87] as the Chumash mentioned by the Rama is written on klaf, not the printed ones we have today.[88] Some suggest placing a sefer Torah on the table and having the child hold onto the atzei chaim.[89] Even according to the lenient opinion only one child would be able to be counted, not two.[90] Others say that one may use a printed Chumash.[91]

Some are stringent in any case until the child is bar mitzvah.[92]

In any case, the shatz should not daven the quiet Shemoneh Esrei but should only say chazaras hashatz. [93]

Krias Shema

There is a dispute between the Magen Avraham and the Gra until when one is allowed to say Krias Shema in the morning. The proper time ends at the third hour of the day. The Magen Avraham[94] holds that we calculate from alos hashachar (dawn), and the Gra[95] calculates from sunrise.[96] The custom in most places[97] and in yeshivos throughout Lita followed the opinion of the Gra. Any luach lists this time. The Mishnah Berurah[99] mentions that ideally one should not wait until the end of the zman.[100] All three parshiyos of Krias Shema should be recited before the zman.[101]

The time for Krias Shema is earlier in the summer, since the day starts early and the clock changes for daylight savings. One should be careful about this during the summer.[102] If the time of Krias Shema is approaching and it is not yet the time to daven with the tzibbur, one should say Krias Shema without the brachos.[103] Many mention to say the brachos as well.[104] This is particularly true in camp, where camp time is pulled back an hour, so the time to recite Krias Shema is an hour earlier than the time printed on the calendar.

Hearing Chazaras Hashatz, etc.

In the summer people often open the window for fresh air or they learn outside. If one hears chazaras hashatz from a nearby shul, he does not have to stop his learning to respond.[105]

V’sein Tal U’mattar in Different Parts of the World

Most of the climates have the dry season in the summer and the rainy season in the winter. Therefore, they say v’sein tal u’mattar during the winter. Some countries in the southern hemisphere, however, have the opposite climate. When should these countries say v’sein tal u’mattar?[106]

Some poskim say that most of the world has the rainy season at the same time, so we ask for rain even if many places do not need it then. Similarly, this would apply to other countries in different parts of the world as well. Therefore, they would say v’sein tal u’mattar in Bareich aleinu.[107] Others say that all year round they should say morid hatal in Bareich aleinu and v’sein tal u’mattar in Shomei’a tefillah.[108]

Others say that during their dry season they should not mention rain, but in their winter they should ask for it in Bareich aleinu.[109]

Some say that from Pesach to Sukkos they should not mention or ask for rain like the entire world. If they need rain they should ask for it in Shomei’a tefillah.[110]

The overwhelming custom is like the first opinion.

Davened Ma’ariv Early

If one did not say v’sein brachah when he davened Ma’ariv before night (in the summer when it gets dark late) and now needs to repeat the Shemoneh Esrei, he should wait until it is dark to do so.[111]

Unprepared Ba’al Korei

It is common in bungalow colonies that the ba’al korei is not properly prepared. One should not look in a Chumash to read the trup and then look into the sefer Torah.[112] The gabbai can inform him when he reaches the end of a pasuk.[113] In addition, he can whisper the correct leining to him. The reader must make sure to read each word from within the sefer Torah. It is important that someone prepares properly.[114]

Shul Being the Highest Building

It is rare to have an opportunity to build a brand-new structure for a shul in the city. However, when summer homes are being built in a development, there is a chance to plan for the building of the shul.

The Gemara[115] says that any city in which the roofs are higher than the shul’s will eventually be destroyed. This is limited to homes, but not other structures.[116] This halachah is quoted in Shulchan Aruch as well.[117] The Sefer Chassidim[118] attributes that there is a danger involved with this.

The reason is that it is not proper that the roof of one’s home be higher than the roof of a shul.[119]

Many poskim discuss why we see that many communities are not strict in this regard.[120] In any case, even though there are reasons to be lenient, some are stringent about this if at all possible.[121]

The Ra’avad[122] (and others[123]) holds that the restriction applies to roofs that are actually used.[124] Even though the city will not be destroyed if the roofs are not being used, one should not make the roofs of the homes higher.[125]

The Meiri[126] holds that there is no objection if large buildings are needed for living space.[127] As such, we see huge apartment buildings many stories high, which are much taller than any shul roof.[128]

The Beis Yosef[129] notes that in his times the government forbade shuls with a tall roof.[130] Today this is not an issue since the building department issues variances.[131]

The Bach[132] says that this rule does not apply when we are among non-Jews, as a majestic structure for a shul will cause jealousy. Accordingly, in an all-Jewish area such as a summer home development, the shul should be higher than the other homes.[133]

The Magen Avraham[134] says that since the non-Jewish homes have high roofs there is no point in building the Jewish homes with lower roofs.[135]

The Sfas Emes[136] discusses a case of a city which has many shuls. Perhaps as long as one shul’s roof is higher than the roofs of the homes, it would suffice.

The Aruch Hashulchan[137] mentions that this does not pertain to a beis midrash. Although learning takes place in our shuls, they are built primarily for davening, and would not be considered a beis midrash.[138]

Some mention that this is only a concern if one is building a new shul, but if it was built already, there is no issue.[139]

Others contend that the issue applied in earlier days when the beauty of a building was judged by its height. Today, many buildings are considered attractive by virtue of their beautiful exterior; therefore, the fact that the shul is not the highest in the city is not an issue if it is built nicely.[140]

[1] Brachos 5b.

[2] Rashi Maseches Brachos 5b “tzafon.”

[3] Levush 3:6, Elyah Rabbah 4, Magen Avraham 7, Mishnah Berurah 11.

[4] Rosh Maseches Brachos 1:7, Levush 3:6, Shulchan Aruch 3:7, Shulchan Aruch Harav 3:9. The Taz 5 says not doing this halachah is not an issur. See Pri Megadim M.Z. 3:4, 6. Refer to Chessed L’alafim 3:7, Ben Ish Chai Vayeira 2:25, Aruch Hashulchan 13.

[5] Rashi Maseches Brachos 5b “tzafun.”

[6] Tosafos Maseches Brachos 5b “kol,” Levush 3:6.

[7] Tosafos ibid., Hagaos Ashri Maseches Brachos 1:7:2, Shulchan Aruch 3:6, 240:17, Levush 3:6, Elyah Rabbah 5, Chachmas Adam 128:18.

[8] Hilchos Beis Habechirah 7:9. See Beis Yosef 3 which says the reason why people are not concerned with the Rambam is because it is located in Hilchos Beis Habechirah and people don’t learn those halachos.

[9] 3:7.

[10] Shulchan Aruch Harav 3:9. Refer to Birur Halachah 3. See Mishnah Berurah 12 which says this is not an issue if one is not with his wife and is clothed.

[11] Bach 3:3, Taz 4, She’eilas Yaavetz 1:47, Shev Yaakov 3, Mishnah Berurah 11, Aruch Hashulchan 13, Kaf Hachaim 16, Me’asef L’chol Hamachanos 3:18. See Nemukei Orach Chaim 3:6. Refer to Vayeishev Hayom 1:1.

[12] Shiurei Knesses Hagedolah 3:4, Elyah Rabbah 4, Aruch Hashulchan 13, Me’asef L’chol Hamachanos 3:18, Halachah Berurah 3:9, Peulas Tzaddik 3:47, Yehoshuas Moshe 3:20, Olos Yitzchak 1:2, Ohr L’tzion 2:1:1, Yalkut Yosef 3:25, Ein Yitzchak pages 169-171, M’Beis Yisrael 24, V’aleihu Lo Yibol 1:page 51 quoting the opinion of Harav Shlomo Zalman Auerbach zt”l.

[13] Shulchan Aruch Harav 3:10, Natei Gavriel Niddah 1:30:11, Mishnas Yosef 6:8.

[14] Shulchan Aruch Harav ibid.

[15] Me’asef L’chol Hamachanos 3:19.

[16] Shulchan Aruch O.C. 4:18.

[17] Mishnah Berurah 4:43.

[18] One should do so three times (Mishnah Berurah 4:39). See Halachah Berurah 4:pages 99-100.

[19] Gilyon Maharsha Y.D. 376:4.

[20] Beis Lechem Yehudah Y.D. 376:4.

[21] Ben Ish Chai Toldos 1:16, Pesach Hadvir 4:10.

[22] Kaf Hachaim O.C. 4:79, Me’asef L’chol Hamachanos 4:116. The custom of Harav Shlomo Zalman Auerbach zt”l was not to be concerned with this (Madanei Shlomo page 272:3).

[23] Ben Ish Chai ibid., Madanei Shlomo ibid.

[24] Me’asef L’chol Hamachanos 116.

[25] Rama Y.D. 376:4, Mishnah Berurah 4:43, Yosef O.C. 4:59, Bikur Cholim and Aveilus 10:26. Harav Shlomo Zalman Auerbach zt”l entered a shul before washing his hands (Madanei Shlomo ibid.). This is only a chumrah (opinion of Harav Ovadiah Yosef zt”l, quoted in Halachah Berurah 4:footnote 167).

[26] Opinion of Harav Moshe Feinstein zt”l quoted in Laws of Daily Living page 34:footnote 34.

[27] It is best to wash hands with a utensil and three times if possible (Ohr L’tzion 2:1:15).

[28] Shulchan Aruch O.C. 92:6, see Mishnah Berurah 4:50 which mentions if one is in middle of Pesukei D’zimrah or Krias Shema and touches such areas he should wash his hands but if he is in middle of Shemonei Esrei he can wipe his hands on the wall, etc. Refer to Me’asef L’chol Hamachanos 129.

[29] Refer to Taz O.C. 4:14, Mishnah Berurah 51, Shulchan Aruch 164:2.

[30] It is important to point out that sweat in areas others than the face is dangerous (Shulchan Aruch Y.D. 116:4).

[31] Shulchan Aruch O.C. 4:21, Mishnah Berurah 46. See Mishnah Berurah O.C. 164:9.

[32] Kaf Hachaim O.C. 4:98.

[33] Biur Halachah 164 “sh’yeish.” The Halichos Shlomo Tefillah 20:17 says the sweat under a yarmulke is not considered a closed area and there is no need to wash one’s hands.

[34] Piskei Teshuvos 4:30, see Me’asef L’chol Hamachanos 4:134.

[35] See Shevet Hakehasi 2:9:1.

[36] Based on the Magen Avraham 25:28, Machatzis Hashekel, see Pri Megadim Eishel Avraham 28, Aruch Hashulchan 28. Refer to Rama 13. Some say it means four kedushos and four Kaddishes (refer to Pri Megadim Eishel Avraham 28).

[37] Beis Yosef 25, Shulchan Aruch 25:13, Levush 13, Magen Avraham 28, Be’er Heitiv 20, Kitzur Shulchan Aruch 10:19, Aruch Hashulchan 28. If one does not have a clean body he should take his tefillin off when he feels he is not going to be clean (Magen Avraham 27, Mishnah Berurah 35, Kaf Hachaim 87, Me’asef L’chol Hamachanos 25:122).

[38] Rama 25:13, Shulchan Aruch Harav 37.

[39] Elyah Rabbah 25:24, Likutei Maharich 1:page 39 (new), Kaf Hachaim 88, Me’asef L’chol Hamachanos 25:132, Mishnah Berurah 56, Orchos Rabbeinu 1:page 25:56, Rivevos Ephraim 2:26, see Teshuvos V’hanhagos 1:45. Refer to Ketzos Hashulchan 8:55 which says the Arizal said Aleinu at the end of the tefillah; therefore, he took it off at the end of davening (see Me’asef L’chol Hamachanos 25:126). Refer to Torah Lishmah 148.

[40] Magen Avraham 28, Shulchan Aruch Harav 37, Chessed L’alafim 25:13, Ben Ish Chai Chayei Sarah 1:10, Kaf Hachaim 87, see 28:9, Mishnah Berurah 35. Some say one should learn before removing one’s tefillin (Machzik Brachah 25:17, Chesed L’alafim 25:13, Kaf Hachaim Palagi 10:43).

[41] Yufei Lelev O.C. 2:25:5 (kuntres achron), Me’asef L’chol Hamachanos 122.

[42] Orchos Chaim Spinka 25:2, Minhagei Hashulchan page 28:32.

[43] See Biur Halachah 25 “mi.”

[44] Shulchan Aruch O.C. 25:2, Rama, Mishnah Berurah 8 (says this is a big inyan). This is brought in the Ben Ish Chai Vayeira 1:5. Refer to Kovetz Beis Aharon V’Yisrael 57:pages 45-50.

[45] Magen Avraham 5, Pri Megadim Eishel Avraham 5, Mishnah Berurah 8. See Ben Ish Chai ibid. which says one may put the tallis and tefillin in a way which the non-Jews do not see it. However, see Yalkut Yosef Hashkamas Haboker 1:15 which says if one can’t do it then there is no need.

[46] Magen Avraham 43:11, Mishnah Berurah 25: 8, 10, 43:20. This does not have to be the courtyard but any area before entering the shul itself (Ashrei Ha’ish O.C. 1:page 35:5).

[47] Minhag Yisrael Torah 25:1.

[48] Birurei Chaim 2:page 247:footnote 5.

[49] Quoted in Birurei Chaim ibid:6 as being the opinion of the Klausenberger Rebbe zt”l.

[50] 25:2.

[51] Hanhagos and Pesakim from Harav Yosef Chaim Sonnenfeld zt”l, Tefillas Shacharis 3.

[52] Ibid., see Sha’arei Teshuvah 28:2 which questions this practice. Refer to Likutei Maharich 1:page 20b (old), Beis Baruch 13:18, Doleh U’mashkeh page 32.

[53] Harav Schachter shlit”a.

[54] Kaf Hachaim 25:20. See Me’asef L’chol Hamachanos 25:25 which says many went to shul with a tallis.

[55] Mishneh Halachos 15:8.

[56] Olas Yitzchak 2:12:2.

[57] Whether one has to fast one fast or two fasts if both tefillin fell, see Vayishma Moshe (Teshuvos) 5.

[58] If they fell on Shabbos one is allowed to pick them up and it is not muktzah (Biur Halachah 31 “assur,” Shemiras Shabbos K’hilchasah 20:14, Shabbos L’shem 14:10, see Mishnah Berurah 31:5).

[59] Magen Avraham 44:5, Pri Megadim Eishel Avraham 5, Chaim Shaul 1:12, Mishnah Berurah 40:3, Vayishma Moshe 1:page 30. There is no difference if it was tefillin shel yad or shel rosh or Rabbeinu Tam (Piskei Teshuvos 40:footnote 3, Shevet Hakehasi 4:25). The fasting should be done on the day it falls if one did not eat or drink yet (Ben Ish Chai Chayei Sarah 1:18, Mishneh Halachos 5:15, Lev Avraham 4).

[60] Yalkut Yosef 44:page 694, Vayishma Moshe ibid.

[61] Kaf Hachaim 40:8, Yabia Omer O.C. 2:28:3, Yalkut Yosef 44:3, Be’er Moshe 3:9:4, 4:86:9, Igros Moshe 3:3, Gam Ani Odeicha – Teshuvos 22, Tzitz Eliezer 5:1:3.

[62] Magen Avraham 44:5, Pri Megadim Eishel Avraham 5, Mishnah Berurah 40:3, Aruch Hashulchan 44:3, Rivevos Ephraim 1:30:5. If the tefillin which fell were pasul one would not fast according to some poskim (Rivevos Ephraim 1:30:5, Pe’as Sadcha 2:13:1). If the tefillin with the bag fell on the carpet one should give tzedakah (Gam Ani Odeicha – Shas page 93:53). If tefillin fell on a marble countertop, etc., one would not have to fast but one should learn hilchos tefillin and be more careful in the future (Halichos Shlomo Moadim 2:13:footnote 48). See Osher Chanan 1:5, Aprakasisa D’anya Y.D. 3:194. Falling on the steps in front of an aron kodesh is like the floor (Da’as Torah 1:page 88). If one fell while wearing tefillin see Pe’as Sadcha 2:13.

[63] Da’as Torah 1:page 88.

[64] Vayishma Moshe 1:page 31. See Yeladim K’halachah page 28:42.

[65] Ashrei Ha’ish O.C. 1:page 42:6.

[66] Refer to Yufei Lelev 2:571:8, Ben Ish Chai Chayei Sarah 1:18, Da’as Torah 1:page 88, Piskei Teshuvos 40:2, V’ein Lamo Michshol 7:page 377, Avnei Yushfei 2:1, Toras Hayeshivah 2:9, Tuvcha Yabiu 2:page 324, Rivevos Ephraim 6:14, Az Nidberu 8:20:2, Yabia Omer Y.D. 1:14 (end), O.C. 2:28, Pe’as Sadcha 2:13, Mishnah Halachos 5:15, Shevet Hakehasi 3:34.

[67] Devarim 23:15.

[68] Thinking Torah is permitted, such as listening to a recording, etc.

[69] Biur Halachah introduction to O.C. 79:1.

[70] Maseches Brachos 25a-b.

[71] Shulchan Aruch O.C. 79:1. See Aruch Hashulchan 4.

[72] Shulchan Aruch ibid. See Aruch Hashulchan 1.

[73] Mishnah Berurah O.C. 79:5.

[74] Shulchan Aruch ibid. See Biur Halachah O.C. 79:1 “malei.”

[75] Refer to Biur Halachah introduction to O.C. 79:2.

[76] Biur Halachah O.C. 79:2 “aval.”

[77] Harav Yisroel Belsky zt”l. See Avnei Yushfei 5:13:9.

[78] Shulchan Aruch O.C. 79:8. See Biur Halachah introduction to O.C. 79:10, Ohr L’tzion 2:7:18, V’zos Habrachah page 151.

[79] The Laws of Daily Living 1:page 108. Refer to Halichos Shlomo Tefillah 2:1. In regard to garbage trucks see ibid:page 108-109:footnote 68.

[80] B’tzel Hachachmah 6:26, Ishei Yisrael 53:38. See Nekius V’kavod B’tefillah pages 162-165, Ashrei Ha’ish O.C. 1:page 87:16.

[81] O.C. 55:4. See Rambam Hilchos Tefillah 8:4.

[82] It is questionable if he may be counted towards a minyan for leining (see Magen Avraham 4, Igros Moshe O.C. 2:18, Shevet Halevi 1:115).

[83] Biur Halachah “v’lo,” Ohr L’tzion 2:5:4.

[84] O.C. 55:4.

[85] Mishnah Berurah 55:23. See Mipeninei Harav pages 28-29 which says maybe it is better for the child to take a siddur rather than a Chumash so at least he can daven.

[86] Refer to Igros Moshe O.C. 2:18 which says this means the people in the shul would have to go to another shul to daven with a minyan. See B’tzel Hachachmah 4:33. This is done in some communities, see Shraga Hameir 7:76, Shemesh U’magen 4:17, Mipeninei Harav page 28.

[87] Magen Avraham 55:5, Shulchan Aruch Harav 5, Mishnah Berurah 24. However, this is not good for the Kaddish after Aleinu, only for Barchu and Kaddish (Magen Avraham ibid.). See Yabia Omer O.C. 4:49:10.

[88] Bach 55, Pri Megadim Eishel Avraham 5, Machatzis Hashekel.

[89] Igros Moshe O.C. 2:18. See Mishneh Halachos 4:8 which questions this ruling.

[90] Magen Avraham 55:5, Mishnah Berurah 24, B’tzel Hachachmah 4:33.

[91] Chelkas Yaakov O.C. 28, Dodeh Hasadeh 60.

[92] Elyah Rabbah 55:5, Chayei Adam 30:1, Mishnah Berurah 24, Aruch Hashulchan 10, Kaf Hachaim 42, Orchos Chaim (Spinka) 8, Pekudas Elazar 5, Maharsham 3:162, Pnei Meivin 24, Mishkenos Yaakov 69, Halichos Shlomo Tefillah 5:9, Sha’arei Halachah U’minhag 1:page 138. Refer to Yabia Omer O.C. 4:9, Mishneh Halachos 4:8, Miyum Hahalachah 1:22, B’tzel Hachachmah 4:33, 39:2.

[93] Igros Moshe ibid. See Birchos Habayis 42:7.

[94] O.C. 58:1.

[95] O.C. 58.

[96] There is a discussion if Emes V’yatziv has to be said within the zman as well (refer to Halichos Yisrael 1:pages 161-168 in depth).

[97] Aruch Hashulchan O.C. 58:14. See Teshuvos V’hanhagos 1:56. For others who hold like the Gra see Maharshag 1:66, Chazon Ish O.C. 13:3, Orchos Rabbeinu 1:page 52:164. Harav Yaakov Kamenetsky zt”l said this was the custom in Slabodka (Halichos Yisrael 1:34:page 186).

[98] Igros Moshe O.C. 1:24, Gevuras Eliyahu 1:13:4. See Igros Moshe O.C. 1:24. Only certain individuals were stringent like the Magen Avraham (Igros Moshe ibid.). For those who held like the Magen Avraham see Teshuvah M’ahavah 1:25, Rav Poalim 2:2, Chaim Shaul 2:38:70, Kitzur Shulchan Aruch 17:1, Kaf Hachaim 58:4, Yesodo Yeshurin 1:pages 263-264, Teshuvos V’hanhagos 1:56, Orchos Rabbeinu 1:page 53:165, Halichos Yisrael 1:page 182, Halichos Shlomo Tefillah page 91, Mishnas Rav Aharon 1:2, Yisrael V’hazmanim 1:7:3:4. One should train his children in this mitzvah as well (Vayishma Moshe 1:page 40, Ashrei Ha’ish O.C. 1:page 76:18). Some mention if the time of the Magen Avraham will pass and one does not have tefillin on, it is permitted (Ashrei Ha’ish O.C. 1:page 73:4).

[99] 58:3-4. There is no difference in the end of the time between the winter and summer (Sha’arei Teshuvah 1, Mishnah Berurah 5, Aruch Hashulchan 11-13).

[100] There is no reason for one to be woken if one does not know if he always makes sure to say Krias Shema by the zman of the Magen Avraham (Teshuvos V’hanhagos 2:50).

[101] Harav Yisroel Belsky zt”l. See Mishnah Berurah 58:5.

[102] Kitzur Shulchan Aruch 17:1, Mishnah Berurah 58:5, Shulchan Aruch Hamekutzar 15:1. If one is in a shul where Krias Shema is said after the correct time he does not have to say the first parshah along with them (Ohr L’tzion 2:45:8).

[103] However, he may not do so without saying Birchos HaTorah first (opinion of Harav Moshe Feinstein zt”l quoted in Halichos Yisrael 1:page 171).

[104] Aruch Hashulchan O.C. 58:14. See Binyan Olam 4.

[105] Mishneh Halachos 10:185. The same is true for a sofer who is writing a sefer Torah, etc. (ibid.).

[106] Refer to Yesodo Yeshurin 1:pages 307-308.

[107] As expressed in Aruch Hashulchan 117:6, Minchas Yitzchak 6:171, B’tzel Hachachmah 6:85 (regarding Australia), Halachah Berurah 117:12, Har Tzvi 1:56, Tzitz Eliezer 14:93:1, Emek Hateshuvah 4:3.

[108] Minchas Yitzchak 6:171, Yisrael V’hazmanim 1:11, She’arim Metzuyanim B’halachah 19:3, Dvar Yehoshua 1:14. See Ohr L’tzion 2:7:30. Refer to Eishel Avraham 117.

[109] Shevet Halevi 1:21, 3:91:21.

[110] See Teshuvos V’hanhagos 3:42, Toras Chaim 3:7, Beis Avi 4:23, M’Beis Levi 11:pages 123-137.

[111] Mishneh Halachos 13:14.

[112] Igros Moshe O.C. 3:19. See Mishneh Halachos 7:19, 11:242. Refer to Mishneh Halachos 11:242 on whether a ba’al korei can use a plastic cover which has the correct trup for the words and place it over the words of the sefer Torah.

[113] Igros Moshe ibid.

[114] Harav Yisroel Belsky zt”l.

[115] Maseches Shabbos 11a.

[116] Ibid.

[117] O.C. 150:2. This is mentioned in the Rosh Maseches Shabbos 1:23 and Rambam in Hilchos Tefillah 11:2 as well as others (Chayei Adam 17:16).

[118] In the will, #19.

[119] Aruch Hashulchan 150:4, see 150:5. Refer to Otzros Yosef 7:8:pages 48-49 on the idea behind this halachah if this is an obligation on the public to see the shul as the largest building or on the individual to make sure his home is not taller than the shul.

[120] Mishnah Berurah 150:5, Tzedakah U’mishpat 11:footnote 12, Halachah Berurah 150:10, Otzros Yosef 7:8. See Mor U’ketziah 150 which discusses a situation where houses are built on a mountain and the shul is built there as well. Also see Kaf Hachaim 22, Ohr L’tzion 2:10:1.

[121] Sha’arei Teshuvah 150:3, Mishnah Berurah 150:5.

[122] On the Rambam in Hilchos Tefillah 11:2:3, see Rosh Maseches Shabbos 1:23, Meiri Maseches Shabbos 11a.

[123] Shulchan Aruch O.C. 150:2, Aruch Hashulchan 4.

[124] See Rosh on Maseches Shabbos 1:23 which mentions one should make sure even in this case that most of the roof is not higher than the shul. Refer to Biur Halachah “birnuyos.”

[125] Ritva Maseches Shabbos 11a.

[126] Maseches Shabbos 11a.

[127] This is also mentioned in the Machzik Brachah 150:2. The Yabia Omer O.C. 6:26:3 says the Meiri is correct. Refer to Kaf Hachaim 21.

[128] Refer to Yehoshuas Moshe 1-2:page 153:2.

[129] O.C. 154. See Rama O.C. 154:2.

[130] Magen Avraham 150:2, Be’er Heitiv 3, Chayei Adam 17:16, Kaf Hachaim 18.

[131] Refer to Otzros Yosef 7:8 on how this is relevant to homes in Eretz Yisrael.

[132] 150.

[133] Otzros Yosef 7:8:page 49. However, the custom is to be lenient even in this situation (ibid. page 50), but one should be stringent if possible.

[134] 150:2.

[135] Chayei Adam 17:16, Mishnah Berurah 5.

[136] Maseches Shabbos 11a.

[137] 150:6. See Kaf Hachaim 20.

[138] Mishnas Yosef Beis Haknesses 1.

[139] Piskei Teshuvos 150:7:2. See Minchas Elazar about placing something on top of a shul to make sure it is the highest building, such as a flag.

[140] Orach Ne’eman 151.

[EMS1]What is permitted?

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