DAF HAYOMI B HALACHA MONTHLY BULLETIN

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1 DAF HAYOMI B HALACHA MONTHLY BULLETIN Issue #27 בס ד שבט תשע ו: סימן ע"ט עד סימן צ סעיף ח Topics relevant to the material learned this month in Daf HaYomi B Halacha When is a pleasant scent beneficial for prayers and Torah study? How is it possible that some people who are within four amos (cubits) of an unpleasant odor are permitted to pray while others who are also within four amos are not? Is it permissible to learn or pray near body odors of sweat or bad breath? Is it permitted to pray near a sewage pipe? Is it permitted to write Torah in a place where one is forbidden to speak words of Torah? May a mitzvah be performed in a place that is unclean? May one listen to recordings of Torah in a place that is unclean? DIRSHU 212 SECOND STREET, SUITE 404B LAKEWOOD, NEW JERSEY When is a pleasant scent beneficial for prayers and Torah study? The Shulchan Aruch (79:1) writes regarding Keriyas Shema that one may not pray near unclean waste from a human body, nor where its odor can be smelled. If the unclean substance is behind him, he must stand a distance of four amos (cubits) away from where its odor reaches. The Mishnah Berurah ( 2) explains that the reason is due to the verse vehaya machanecha kadosh (and your encampments must be sanctified), from where it is derived that one s machaneh (literally encampment; the four amos area surrounding a person) must be clean while he recites words of sanctity (prayer or Torah study). If an unpleasant odor reaches anywhere within this area, his machaneh is not entirely in a state of sanctity. The poskim discuss whether a person who is standing within four amos of an unpleasant odor may disperse a pleasant scent in the area to completely overwhelm the unpleasant odor and be permitted to recite words of prayer or Torah study. The question revolves around whether an unpleasant odor which cannot be smelled affects the sanctity of the area. Is it sufficient that no odor can be detected to be considered clean and sanctified, or does the proximity of the odor-emitting substance cause the surrounding area to be considered unclean and unsanctified despite its not being able to be detected? Shu t Maharsham (vol. 2:38) writes regarding a person who emits an unpleasant odor, but holds in his hands or wears something which emits a pleasant scent, that if the pleasant scent overpowers the unpleasant odor, he is permitted to recite words of prayer and Torah study. This opinion is cited by Shu t Minchas Yitzchok (vol. 8:9). The Ben Ish Chai (Year 1, Parshas Bo 28) writes similarly that one may burn a substance whose pleasantly scented smoke overcomes the unpleasant odor which would have prevented him from Torah study. On the other hand, the Shalmei Tzibbur (Rav Yisroel Yaakov Algazi, Laws of Netillas Yadayim p. 21) writes that eliminating an unpleasant odor by means of a pleasant scent is not effective in restoring the sanctity of the area. Rav Chaim Kanievsky (quoted in Ishei Yisroel, responsa at the end of the book 72) seems to be concerned for this opinion, comparing a pleasant scent to closing one s nose which does not permit one to recite words of sanctity in an area that has an unpleasant odor. Rav Shmuel Vozner (Shevet Halevi vol. 3:17) writes regarding one who has recurrent unpleasant odors emanating from his body due to illness, that he is allowed to rely upon the lenient opinion and disperse the unpleasant odor with a pleasant scent in order that he not be disqualified from reciting words of prayer and Torah study. How is it possible that some people who are within four amos (cubits) of an unpleasant odor are permitted to pray while others who are also within four amos are not? The Biur Halacha (79:Introduction 5) writes regarding the prohibition of prayer or Torah study opposite an unclean substance or within four amos of its odor, that if there is a mechitzah (halachic separation) between the person and the unpleasant odor, it is permitted, as this is sufficient for the area to be deemed halachically sanctified. Continued on Page 2 1

2 DAF HAYOMI B HALACHA MONTHLY BULLETIN Continued from Page 1 The Shulchan Aruch (362:5) writes that a row of people standing closely together within three tefachim (handsbreadths) of each other constitute a valid mechitzah for the purposes of eiruv (to allow carrying on Shabbos). The Mishnah Berurah (ibid: 38) writes that such a mechitzah is valid also for prayer and Torah study to separate one s area from an unclean substance. The Shaar Hatziyun ( 21) adds that for this purpose the mechitzah is valid even if the people constituting the mechitzah are cognizant of the function of their role in forming a mechitzah to permit recitation of sanctified word; in contrast with the law of eiruv which requires that the people forming the mechitzah be unaware that they are being utilized to permit carrying on Shabbos. People standing on the other side of the people forming this mechitzah become permitted to recite words of sanctity since there is a separation between themselves and the unclean substance. Regarding whether the people forming this mechitzah may recite words of sanctity, the opinion of the Poskim is not so clear. The Pesach Hadvir (Siman 87) writes that even if they avert their faces so they do not see the unclean substance they are not permitted to recite words of prayer or Torah study. Shut Har Tzvi (Orach Chaim vol. 1:86) seems to be uncertain and says perhaps they are permitted to rely upon the mechitzah that they themselves comprise and recite words of prayer or Torah study; he finishes with tzorich iyun. Is it permissible to pray near unpleasant body odors of sweat or bad breath? Determination of which odors disqualifiy an area from being considered halachically clean does not depend upon the offensiveness of the odor. The Mishnah Berurah (79: 23) writes that a substance which naturally gives off an unpleasant odor, such as kerosene, does not disqualify the area from words of sanctity being recited there. The unpleasant odor has to emanate from an unclean substance which is odorous due to decomposition, such as body waste. The Bais Boruch (milu im klal 3 22) writes that it is permitted to study Torah while smelling an unpleasant body odor from sweat. Rav Chaim Kanievsky (Nekiyus Vechavod Batefillah responsa 72) is of a similar opinion that it is permitted to recite words of sanctity while smelling unpleasant body odor of sweat. Regarding bad breath, Rav Chaim Vital (Shut Beer Mayim Chaim siman 83) writes that there is no obligation to distance one s self from it when reciting words of sanctity; his son Rav Shmuel (ibid.) concurs with this opinion. He writes that even the person from whom the foul odor of bad breath emanates is obligated to recite Keriyas Shema and prayers. On the other hand, the Afikei Maginim (chidushim 15) and the Shulchan Melachim (klal 5 9) write that the foul odor of bad breath is considered a halachically unclean odor and both the person from whom it emanates and anyone who can smell it are forbidden to recite words of sanctity. The Bais Boruch (ibid.) writes that studying Torah while smelling bad breath is permitted even according to this opinion because it is not more stringent that the odor of gassiness, with which one is permitted to study Torah (but not to pray) while smelling. (However, the person who passed the gas may not study Torah until the smell dissipates). The Mishnah Berurah (227:9) writes that a butcher shop which has a strongly unpleasant odor from decomposing meat is also considered an unclean area, and it is forbidden to pray or study Torah where one can smell it. Is it permitted to pray near a sewage pipe? The Shulchan Aruch (87:1) writes that the requirement that one s area be clean from unclean substances also applies to containers whose primary use is to hold unclean substances, if they are fashioned from specific materials. This is referred to as graf shel re i (literally, 2

3 בס ד שבט תשע ו: סימן ע ט עד סימן צ סעיף ח shovel of feces). If the material is porous like wood or clay, it is deemed unclean even if it has been washed out, and one is forbidden to recite words of sanctity within four amos of it. However, if the material is metal or glass and has been cleaned thoroughly, one may recite words of prayer or Torah study within four amos of it. If an odor still emanates from the metal or glass, the status of the container is nevertheless clean and the odor has the status of reyach ra she ein lo ikkar (an unpleasant odor which is halachically considered as not emanating from an unclean substance) which only prohibits reciting words of sanctity where one is able to smell it, but does not require a distance of four amos. If the container has not been washed out, then even if one does not notice any unclean substance and the material is nonporous, a distance of four amos is required, because of the likelihood that unclean residue remains; and if odor emanates from it, a distance of four amos is required from where the odor ends. The halachic status of sewage pipes is not clear. They constantly have wastes flowing through them and might have the status of graf shel re i even when there is nothing in them. Is one permitted to recite words of sanctity in their vicinity? Rav Shlomo Zalman (Ishei Yisroel 51: 79) makes the distinction between a graf shel re i, whose function is to contain the waste, and sewage pipes, whose function is to convey the waste through them. Since sewage pipes are not meant to be a container for the unclean substance, they do not have the status of graf shel re i and one is permitted to recite words of sanctity in their immediate vicinity. Rav Elyashiv (Vezos Haberacha Perek 16) is of a similar opinion that the pipes are not graf shel re i, and also says that there is no need to be concerned that some of the substance was absorbed in the walls of the pipe, so one is permitted to recite words of sanctity in their vicinity provided that he does not smell an unclean odor. The Chazon Ish is reported (in Orchos Rabbeinu vol. 3 p. 205) as having the opinion that sewage pipes constructed from porous substances like clay have the status of graf shel re I, and one is prohibited from reciting words of prayer or Torah study in their vicinity. However, if the pipes are metal, they do not have the status of graf shel re i and one may pray or study Torah in their vicinity. Rav Chaim Kanievsky (Nekiyus Vechavod Batefillah responsa 81) is of the same opinion that if the pipe is constructed of clay one may not recite words of sanctity in their vicinity. Sh ut Ohr Letziyon (vol. 2:17) is of a different opinion. He mentions that the insides of the sewage pipes become noticeably filthy, and even if they are constructed of plastic or metal, the substance becomes absorbed in the walls of the pipe; he points out that this is easily detected when a pipe breaks. He therefore makes a contrary distinction between graf shel re i which does not constantly contain waste since it gets cleaned out, and sewage pipes which become filthy and remain so constantly. Therefore, he is of the opinion that even pipes constructed from metal prohibit reciting words of sanctity in their vicinity. However, if the pipe is covered, even if only with a cloth, he permits one to recite words of sanctity. He seems inclined to permit even a coat of paint to be considered a valid covering on the pipe. Is it permitted to write Torah in a place where one is forbidden to speak words of Torah? 1/23/16 The Shulchan Aruch (84) rules that in the middle room (a room in which some people are clothed and some are unclothed) of a bathhouse, one may not recite words of sanctity (since it is forbidden to recite words of sanctity opposite an unclothed person even if the area is clean) but is permitted to think words of Torah study silently, since thoughts of sanctity are permitted even opposite an unclothed person. The Pri Megadim (Mishbetzos Zahav 47:2) raises the issue of whether writing words of Torah study is permitted in an area where their recitation is prohibited but thinking them is permitted. Rav Elya Dushnitzer (Nachalas Eliyahu Siman 21, 22) references a responsa from Rabbi Akiva Eiger (Kama Siman 30) which discusses whether one may fulfill his obligation to count the omer through writing because Continued on Page 4 3

4 DAF HAYOMI B HALACHA MONTHLY BULLETIN Continued from Page 3 4 kesivah kedibur (writing is halachically considered as speech; see Shaarei Teshuvah 489 who suggests the possibility, but rules that one definitely does not fulfill his obligation). Rabbi Akiva Eiger states that even if it were possible to fulfill one s obligation by writing, if one had express intent not to fulfill his obligation it would not be considered as having counted. Rav Elya Dushnitzer explains that the logic for Rabbi Akiva Eiger s ruling is not based upon kavanah misnagedes (contrary intention) which means that when one performs a mitzvah with express intention not to fulfill his obligation then he does not fulfill the mitzvah. Rather, the logic is that despite writing being halachically considered as speech, when one has express intention that it not be considered as speech, the intention precludes the writing from being considered spoken. The Steipler Gaon (Kehilos Yaakov Berachos end of Siman 12) understands Rabbi Akiva Eiger s words similarly. In light of this, even if there might be a technical prohibition to write words of Torah study where their recitation is forbidden, if one had express intention that the writing not be considered as speech it would be permitted where thinking the words is permitted. On the other hand, the Eishel Avrohom (Butchatch, Tinyana 75:1) prohibits writing words of Torah opposite an unclothed person (where it is forbidden to recite words of prayer or Torah study) on the grounds of kesivah kedibbur. Sh ut Salmas Chayim (Siman 61) also recommends that one be stringent not to write words of Torah opposite an unclothed person. Another aspect of kesivah kedibbur pertains to writing when one may not interrupt with speech, such as while praying. If it is unequivocally considered as speech (as according to the opinion of the Eishel Avrohom) it would be forbidden to interrupt, but if intention that it not be considered as speech works to counteract it (as according to the understanding of Rabbi Akiva Eiger), then it might be permitted. Shu t Salmas Chayim (Siman 46) forbids interrupting with writing on the grounds that the action of writing is a more significant interruption than speech. Shu t Ohr Li (Sedei Chemed, Siman 9) wants to forbid it due to concern that when writing one might come to speak the words aloud. There are many, among them the Aderes (Oveir Orach 173) and Rav Chaim Kanievsky (Daas Noteh p. 210, Ishei Yisroel 19: 1), who permit writing during prayer when interruption with speech is forbidden. Sh ut Hisorerus Teshuvah (vol. 1:27) writes that one is permitted to interrupt Birchos Keriyas Shema even with speech for the purpose of gathering men for a minyan; however if possible to accomplish this with writing it is preferable to speaking. May a mitzvah be performed in a place that is unclean? In light of the prohibition to recite words of sanctity in an unclean area, the Biur Halachah (588:2 s.v. shoma) questions whether a mitzvah may be performed when one s body is unclean or in an unclean area. Initially he writes that since we do not find that this is forbidden, we can assume it is permitted. He mentions that we do not find an obligation to remove one s tzitzis when his body or the area around him is unclean. In light of this, he questions the view of the Mateh Ephraim who states that one may not fulfill the mitzvah of shofar while his body is unclean. The Biur Halachah concludes by offering two reasons for this opinion. The first is based upon the concept that mitzvos tzrichos kavanah (mitzvos require intention in order to fulfill one s obligation). Since one is required to have intention to fulfill his obligation, this is similar to thinking words of Torah study which is forbidden when one s body is unclean. The second reason is that the activity of performing a mitzvah is service of Hashem which may not be performed in a derogatory manner; it is therefore improper to perform when one is unclean. If so, why then do we not find regarding tzitzis that one must remove them in an unclean area? Rav Shlomo Zalman Auerbach (Halichos Shlomo Tefillah, Dvar Halachah 20:36) explains that the Biur Halachah s reasons only apply lechatchilah. One must delay fulfillment of the mitzvah until it can be fulfilled in cleanliness, but must not completely avoid the mitzvah for the sake of cleanliness. Therefore, if a mitzvah comes along which can only be performed in an unclean situation, one must fulfill it under those circumstances. If one comes across the opportunity to perform charity, but the area is unclean, he may not desist from giving the charity for the sake of cleanliness. Regarding the mitzvah of tzitzis, the obligation is every second, and if one delays for the sake of cleanliness he is not merely pushing off the mitzvah until later, he is losing the mitzvah for the time that he is not fulfilling it. This is not the same for the mitzvah of shofar which needs to be performed only once during the day, and the delay merely means that it is performed later. Rav Chaim Kanievsky (Derech Emunah Maaser, Tziyun Halachah 9:51) is of the opinion that the Biur Halachah only prohibits performing a mitzvah in a restroom, which is dirtier than merely an unclean area. He also differentiates between an obligatory mitzvah such as shofar, which is forbidden to fulfill when unclean, and a voluntary mitzvah (such as tzitzis) which may be fulfilled when unclean. May one listen to recordings of Torah in a place that is unclean? The Shulchan Aruch (85:2) writes the one may not even think words of Torah study in a bathroom, bath house, or unclean area. Rav Moshe Feinstein (Iggros Moshe Yoreh Deah vol. 1:173 and vol. 2:142) rules that this forbids listening to recorded words of Torah study in an unclean area since one thinks about Torah while listening. Bottom Line MG:

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S-Th 9:30 pm (Maariv 10:00) Rav Pinchas Shapiro Rav Yoni Maccabi Viewmount Shul; 1 Viewmount Ave M-F 6:55-7:25 am Rav Leizer Apter Kollel of Houston; 1823 Ludington Blvd S-Th 9:15 pm (Maariv 9:15) 27 Neil Road; S-Th 9-9:30 pm (Maariv 9:30) SAVANNAH Rav Uri Yehudah Greenspan S, M, T and Th 7:45 pm; W 6:15 pm Rav Nosson Dubin ביהמ ד בית אשר מרדכי Beth Jacob Congregation; 4855 College Ave For more information: rabbiroth@bjsd.org Rav Avrohom Koslowitz Rav Shmiel Menachem Friedman HOUSTON Rav Nuta Silber Rav Pinny Roth PHILADELPHIA Country Place Club House Kol Aryeh/Tomashov; 1212 Ave I S-Th 8:30-9:00 pm The New Monsey Night seder Bais Medrash at Bais Medrash Shaarei Tefilla 29 Parker Blvd.; S-Th 8:55-9:40 pm SAN DIEGO Forest Park Shul; S-Th 10:15 pm Lakeview Shul 5 minute shiur after Maariv Limud B chavrusah before Maariv CLEVELAND HEIGHTS Mesivta of Dallas; 6506 Frankford Road S-Th 10:15 pm after Maariv Rav Shmuel Tendler Gerrer Shteibel 1937 Ocean Avenue (Bet. N & O) S-Th 9:30 pm; Shiur Chazara Shabbos afternoon, 1 hr. before mincha Rav Yehudah Aryeh Scheinberg Kollel Ahavas Torah; 3135 W Devon Avenue S-Th 8:50-9:15 pm Rav Dovid Shanik Sons of Israel; 590 Madison Ave S-Th 8:15 pm Rav Ephraim Epstein Rav Chaim Mordechai Turin Rav Dovid Pearl Rotation of Maggidei Shiur Rakovitz; th Street S-Th 9:00-9:30 pm CHICAGO Bais Medrash of Arlington Khal Rayim Ahuvim M-F 8:00-8:30 am Rav Zev Smith CHERRY HILL Sons of Israel of Cherry Hill 720 Cooper Landing Rd. M-F 7:25 am (Shacharis 6:45 & 8:00) Bais Medrash Govoha - Ateres Brocha S-Th 8:45 pm (Maariv 9:15) Bais Medrash Kol Yehudah (Brookhill Ashkenaz) 1009 Brook Road; S-Th 8:45 pm Rav Yossi Taub BOSTON Rav Moshe Chaim Kahan Shemen L mincha; M-F 6:00 am Tehila Ledavid 1950 E. 21 Street (Bet. R & S); 7:10-8 am Agudas Yisroel Bais Binyomin; 2913 Ave. L S 8:30 pm (Maariv before & after Shiur) Rav Yisroel Dovid Bick Zichron Chaim (The Villa s Shul) 901 East Kennedy Blvd. M-F 7:20 8:00 am, followed by Shacharis Rav Hillel Feldman Rav Shlomo Cynaman th Avenue S-Th 9:45 pm (Maariv 9:30 & 10:15) Rav Eliezer Ralbag Rachmastrivka Beis Medrash S-Th 50 min. after Shkia followed by Maariv FAR ROCKAWAY ביה ח ד גור זכרון אברהם Rav Boruch Meir Levine EDISON Agudas Yisroel of Edison; 1131 Raritan Ave. S-Th 7:25-8:00 pm Rav Yitzchok Zalman Gips S-Th 8:45 pm (Maariv 8:30) Bais Medrash Presidential Estates; S-Th 9:00 Congregation Ahavas Yisrael; 1587 Route 27 M F 6:00 am BORO PARK Rav Chaim Weg Kol Aryeh; M-F 7:20-7:45 am Congregation Bnei Israel Beth Yehudah W 10 Mile Road; M-F 6:30 am Rav Shimmy Shabtai Rav Ayson Ganeles The Milwaukee Kollel; 5007 Keefe Avenue S 8:30 pm, M, W, Th 9:00 pm Rav Doniel Neustadt BOCA RATON MILWAUKEE Rav Shmuel Kestenbaum Rav Eliyahu Yellin BEACHWOOD Rav Teitelbaum s Shul; Metroplitan Ave S-Th 8:40-9:00 pm Cong. Tiferes Avrohom Zidichev; 4017 Ave P M-F 6:30-7:00 am & 8:35-9:05 am Rav Chaim Trainer LMS; 123 Old Lancaster Avenue M-Th 10:35-11:15 am, F 11:30 am Philadelphia Community Kollel 364 Montgomery Avenue; S-W 8:15 pm PHOENIX Rav Nosson Ungar Congregation Schara Tzedeck M-F half hour before Shacharis (M and Th 6:30; T, W and F 6:45 WATERBURY Congregation Ohr Hatorah; 6516 North 7th Street Suite 202 M F 7:30 am (Shacharis 6:45) Rav Tzvi Thaler PORTLAND WOODMERE Rav Chanan Spivak Cong Kesser Israel; 6698 SW Capital Highway S-Th 8:45 pm, followed by Maariv PROVIDENCE Rav Rapheal Schochet Providence Community Kollel; 671 E. Ave.; 8:40 am Rav Dovid Bielory Kollel Los Angeles; 7216 Beverly Blvd (upstairs) S-Th 8:15-9:00 pm (Maariv 9:00) Providence Community Kollel; 671 E. Ave. S 8:30-9 pm, M-Th 9-9:30 pm (Maariv 9:30) Rav Yochanan Henig Rav Moshe Bilitzky Kollel Yechiel Yehudah; 444 N. La Brea Ave Mincha 6:00 pm, followed by a Shiur Rav Hillel Brody QUEENS Kehilas Ahavas Yisroel; rd Avenue S-Th 9:45 10:15 pm (Maariv 9:30) Yeshiva Gedolah Ateres Shmuel of Waterbury 359 Cooke St.; S-Th 8-8:30pm (Maariv 8:30) Rav Shmuel Witkin KBH Hungry Harbor Road S Following Mincha/Maariv M-Th 9:15pm (Maariv 9:00) Rav Weinberg Ais Kodesh; 894 Woodmere Pl Rav Ari Adelstein, Rav Yosef Richtman Yeshiva Gedolah; S-Th 10:05-10:30 pm Rav Yoni Levin Aish Kodesh; 894 Woodmere Place S-Th 15 min before Mincha WICKLIFFE Rav Chanina Weinberg Yeshivas Tiferes Avigdor; S Th 4:00 pm Kol Halashon USA: Canada: TorahAnytime.com Shasilluminated.org TO JOIN THE DAF HAYOMI B HALACHA PROGRAM, RECEIVE A LEARNING CALENDAR, OR FOR MORE TO JOIN A DAF HAYOMI B HALACHA SHIUR, CONTACT DIRSHU AT DIRSHU / INFO@KOLLELDIRSHU.ORG INFORMATION ABOUT THE OPTIONAL MONTHLY TESTS WITH STIPENDS, CALL DIRSHU TO START A DAF HAYOMI IN YOUR NEIGHBORHOOD, CONTACT RABBI YEHUDA SOLEIMANI, (PRESSB HALACHA 1, THEN 2)SHIUR / INFO@KOLLELDIRSHU.ORG. 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