Shulchan Arukh, Orach Chayim
שולחן ערוך, אורח חיים
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Shulchan Arukh, Orach Chayim
Siman 1
One should strengthen himself like a lion to get up in the morning to serve his Creator, so that it is he who awakens the dawn. Rem"a: At least, one should not delay beyond the time when the congregation prays (Tur). Rem"a: "I have set the Lord before me constantly" (Psalms 16:8); this is a major principle in the Torah and amongst the virtues of the righteous who walk before God. For a person's way of sitting, his movements and his dealings while he is alone in his house are not like his way of sitting, his movements and his dealings when he is before a great king; nor are his speech and free expression as much as he wants when he is with his household members and his relatives like his speech when in a royal audience. All the more so when one takes to heart that the Great King, the Holy One, Blessed Is He, Whose glory fills the earth, is standing over him and watching his actions, as it is stated: "'Will a man hide in concealment and I will not see him?' - the word of God" (Jeremiah 23:24), he immediately acquires fear and submission in dread of God, May He Be Blessed, and is ashamed of Him constantly (Guide for the Perplexed III 52). And one should not be ashamed because of people who mock him in his service of God, and should also go modestly. And when he lies on his bed he should know before Whom he lies, and as soon as he wakes up from sleep he should rise eagerly to the service of his Creator, May He Be Blessed and Exalted (Tur).
One who arises to supplicate before his creator should aim for the hours when the heavenly watches are changing, which are at one-third of the night, and at the end of two-thirds of the night, and at the end of the night; for prayer which is offered at these times regarding the destruction [of the Temple] and regarding the exile is favorable.
It is fitting for every person who has fear of Heaven to be anguished and concerned regarding the destruction of the Temple.
Better few supplications with concentration than much without concentration.
It is good to recite the passage of the Binding (Genesis 22:1-19), the passage of the Manna (Exodus 16:4-36), the Ten Commandments (Exodus 20:2-13), and the passages of the burnt-offering (Leviticus 1:1-17), tribute-offering (Leviticus 2:1-13), peace-offering (Leviticus 3:1-17), sin-offering (Vayikra 4:27-35), and guilt-offering. Rem"a: But only in private is it permissible to recite the Ten Commandments each day: it is forbidden to recite them in congregation (Rashb"a Responsum 144).
One should not recite the passages of the sacrifices except by day. (See below, section 47, paragraph 13)
When one finishes the passage of the burnt-offering, he should say: "May it be [Your] will that this should be considered and accepted as if I had brought a burnt-offering." He should say similarly after the passages of the tribute-offering and the peace-offering, because they are offered voluntarily.
One should recite along with the sacrifice passages the verse: "And he shall slaughter it on the side of the altar northward before the Lord...." (Leviticus 1:11).
Some have the custom to say the passage of the Laver (Exodus 30:17-21), and afterwards the passage of the removal of the ashes (Leviticus 6:1-6), and afterwards the passage of the continual-offering (Numbers 28:1-8), and afterwards the passage of the Incense Altar (Exodus 30:7-10) and the passage of the spices of the Incense and its preparation (Exodus 30:34-36).
Siman 2
One should not put on his under-garment from a sitting position (Tur), but should rather take his under-garment and insert into it his (head and) arms while he is still lying down, with the result that when he gets up he is [already] covered.
One should not say (to oneself): "I am now in an inner room - who can see me?", for the Holy One Blessed Be He, "His glory fills the whole earth" (Isaiah 6:3).
One should be particular to put on the undergarment the way it goes, so that it he should not turn it inside out.
One should put on the right shoe first and not fasten it, then after that put on the left one and fasten it, and return and fasten the right one. Rem"a: And in the case of our shoes which do not have a fastening, one puts the right one on first. (Tosafot)
When one takes off one's shoes, one takes off the left one first.
It is forbidden to walk in an [overly] upright posture, and one should not walk [a distance of] four amot with the head uncovered (out of respect for the Divine Presence), and one should examine one's orifices [to ensure they are kept clean]. Rem"a: And one should cover his entire body, and should not go barefoot (Or Zarua). And One should accustom oneself to relieve oneself morning and evening, which is [included in the virtues of] alacrity and cleanliness (Hagahot Maimoni Chap 5 of Hilchot Deot).
Siman 3
How to Conduct Oneself in the Bathroom. Containing 17 Se'ifim:
When one enters the bathroom, he should say "התכבדו מכובדים..." ("Be honored, honorable ones") (Berachot 60b). But nowadays, we are not accustomed to recite it.
One should be modest in the bathroom stall, and not reveal oneself until sitting. And two men shall not go together. Also, one shouldn't talk there, and should lock the door for himself for the sake of modesty (Ohr Zarua).
If one wishes to work about the anus with a pebble or a chip of wood in order to open up his rectum [i.e. he has trouble relieving himself], he should work about it before he sits but should not work about it after he sits, because [this exposes him to the] danger of witchcraft.
One should only expose himself from behind one tefach, and in front of himself two tefachim. But for a woman behind herself one tefach, and in front of herself nothing.
If one defecates in an open place in which there are no partitions, he should orient himself to face south with his back to the north, or vice versa. However, east-west is forbidden. (With regards to urinating, any manner is allowed) (Beit Yosef in the name of Maimonides)
Likewise, it is forbidden to sleep from west to east, if one's wife is with him. And it is proper to be cautious even when one's wife is not with him.
One who passes water "from Scopus inwards" (this refers to a place where the Temple Mount can be seen, and further away it can not be seen - Rashi) should not sit facing the Holy, rather he should face north or south, or should keep the Holy to his side.
When one must defecate in a field, if he is behind a fence he may defecate immediately. In an [open] valley, he should distance himself to the point where his friend can not see his disorderly state.
One should not sit [to defecate] in a rushed or forceful manner. And one should not force himself exceedingly, so that he might not rupture the anal sphincter.
One should not wipe with the right hand.
One should not wipe with earthenware due to a concern of witchcraft. Nor with dry grass, for one who wipes with something that is flammable can dislocate the anal sphincter. Nor with a stone that another wiped with, because this can bring a person to hemorrhoids. Rema: And now, that our bathrooms are not in the field, people are accustomed to wipe (earthenware and likewise they are accustomed to wipe) with something flammable, and this is not harmful. And go out observe what people do (Chidushei Agudah, Chapter Hamotzei)
One should relieve himself modestly at night, just as in the day.
One should not urinate from a standing position lest it sprinkle down upon his legs, if he is not on a high place, or relieving himself upon loose earth (meaning, soil that is not virgin, but rather like plowed earth).
Unless he is married, one should take care not to grasp the organ except from the corona downwards and urinate, lest he bring forth seed in vain. However, it is a pious practice to take such care even if one is married.
It is permitted to aid [urination] from the testicles and below, even for one who is not married.
One who is married is not permitted to grasp the organ except to urinate. However, he is not to brush against it.
One who delays his cavities [from elimination] transgresses the commandment, "You shall not make yourselves loathsome."
Siman 4
When one washes his hands, he should recite the blessing "... regarding washing the hands. Gloss: And some also say "He Who Formed" (Asher Yatzar), even if he did not relieve himself, and this is our practice (Abudirham). Water that is invalid to use for a meal (below, Chapter 160) is permitted to use for washing one's hands for prayers. However, some say that one should not recite the blessing on this kind of water.
One should be careful to wash one's hands three times, in order to remove the foul spirit (i.e. the spiritual effects from sleeping) from them.
One should not put his hands in his mouth, ears, eyes, or nose before washing one's hands.
Even if one has washed his hands, he should never touch the orifice of his anus, because that could cause haemorrhoids. One should [also] refrain from touching a place where he has been bled, because that could damage the wound.
One should not touch a container of beer, because the touch of a hand spoils the beer.
It is not necessary to use A reviit (a measure of volume) for hand-washing [prior to] prayer.
It is best to be particular regarding hand-washing prior to prayer on all things which are essential for hand-washing prior to eating. Gloss: However, neither [using a pouring] vessel nor human force or any other things that invalidate hand-washing before eating are prerequisites [for washing before prayer]. (Mordechai, beginning of Chapter Elu Devarim; Rashba's Responsa, Chapter 195)
Hand-washing before morning prayers should not be performed over the ground, but rather into a vessel.
Water which has been used for hand-washing before morning prayers should not be used afterwards for any other purpose. One should not pour it out in a house, nor any place where people pass by.
One should take up the vessel of water with his right hand, then transfer it to his left hand in order to pour water onto his right hand first.
One should not take water from a person who has not yet washed his hands.
If one dabbles his hands into a vessel of water, then that counts as hand-washing for the purposes of reciting the Shema and the Amidah prayer, but he has not yet removed the foul spirit from his hands. If one dabbles each of his hands alternately into three different lots of water, then it is not clear whether he has removed the foul spirit from his hands.
If one has stayed awake all night, then it is not clear whether he needs to wash his hands for the morning prayer or whether he needs to remove the foul spirit. Rema: He should wash his hands without reciting a blessing. (Rosh, Principle 4; Rashba, Chapter 123).
If one arose from bed before daybreak and washed his hands, it is unclear whether he should wash his hands again when daylight appears, in order to remove the Bad Spirit which has passed through them.Gloss: He should wash his hands without reciting a blessing.
If one sleeps during the day, it is unclear whether he should pour water three times onto his hands. Gloss: He should wash his hands without reciting a blessing.
[King] David was diligent not to sleep shitin nishmin (meaning, sixty breaths) in order not to taste the taste of death.(Gloss: But in the Talmud, Chapter HaYashen, it appears that he was diligent in this only during daytime.) (his own opinion, and see the Beit Yosef)
Some have the custom to wash their mouth in the morning because of the mucus which is in the mouth.
The following things require washing the hands in water [after them]: One who rises from bed, goes out of the bathroom, or of the bath house, one who cuts his nails, takes off his shoes, touches his feet, or washes his head, some say: also one who goes among the dead, or touched the dead, one who cleanses his clothes of lice, has sexual intercourse, touches a louse, or touches his body with his hand. Anyone doing any of these and not washing his hands, if he is a scholar, his studies are forgotten, and if he is not a scholar, he goes out of his mind.
One who lets blood from his shoulders and didn't wash his hands, will be afraid for seven days. One who takes a haircut or shaves and does not wash his hands, will be afraid for three days. One who cuts his nails and does not wash his hands, will be afraid for one day. And [in any of these three situations, he] will not know what he is afraid of.
One who washes his face but does not wipe it well, his face cracks or is stricken with boils. The medicine for this is to wash it a lot in beet juice....
One should be careful during prayer or while eating (see below, Orach Chaim 92 paragraph 6, and Orach Chaim 164) not to touch one's thigh or leg or other covered places in a person's body, because there are particles of sweat. (meaning, grime like tiny barley grains). And also not to scratch one's head. But uncovered places in one's head or face and the uncovered part of one's arms do not require care.
If one has no water, one may wipe one's hands in a lump of earth or dust or any cleansing agent and recite a blessing on the cleanliness of hands, and this permits him to pray but does not remove the evil spirit from them....
Washing hands was only prescribed for reciting the Shema and for [the Amidah] prayer, but the blessings of the morning are permitted to be recited before washing, unless one sleeps naked in one's bed, in which case one may not mention the holy Name until he cleans them.
Siman 5
[Laws Regarding The Proper] Intent [When Reciting] The Blessings. Containing 1 Se'if:
One should have in mind the meaning of the words when reciting blessings. When articulating the Name (ie. י-ה-ו-ה), one should have in mind the meaning of the Name as it is pronounced - Adon-ai (א-ד-ו-נ-י): that He is Lord over all. And one should have in mind [the meaning of the Name] as it is spelled with a Yud-Hei (ie. י-ה-ו-ה) that He Was, Is, and Will Be. And when articulating the Name Elo-him (א-ל-ה-י-ם), have in mind that He is Strong, Omnipotent, and Master of all powers.
Siman 6
The Laws of the Blessings "Asher Yatzar" and "Elokai Neshama" and Their Meanings. Containing 4 Se'ifim:
When one leaves the bathroom he should recite the blessing of "Who formed man with wisdom", as the creation of man was done with great wisdom. There are those who interpret this to mean, that the body is similar to a sack full of air, and is full of holes, as is [mentioned shortly] below [in this siman]. Others understand "with wisdom" [to mean], that G-d prepared the food of Adam HaRishon [before he was created] and afterwards he was created. "And created in him openings, openings, empty spaces, empty spaces" - Meaning: many holes, like the mouth, nose, and anus, and also created in him many organs with empty spaces, like the heart, belly and intestines. "If one of them were to close up" - Meaning: that regarding the holes [of the body], there is one hole, which is the mouth, that when he (ie. the person) is inside his mother's womb, it is closed, and if, when he comes into the air of the world, it (his mouth) would remain closed, it would not be possible to remain alive even for one moment. And regarding the organs with empty spaces, if one of them were to open, it would not be possible to remain alive for even one moment. There is another interpretation: That there is a limit in regards to a person - that the openings [in his body] can close up and [yet] the person will not die; but once that limit is surpassed, it is impossible to remain alive for even a moment. And since, in general, the openings [made reference to in the blessing] are the anus and [urethra] hole of the male organ, and, in general, the hollow organs [mentioned in the blessing], which if they were to open [even for a moment] it would be impossible to live, are the stomach and intestines - it is fitting that this praise is in the context of relieving oneself. And another possible [interpretation] is that since, if one were to defecate so much, to the extent that if it would surpass the [normal] limitations [of relieving oneself] he would die, this falls under the category of "if one of them were to open", This [demonstrates] that [the phrase] "if one of them were to open" is also, literally, in the context of relieving oneself. [The phrase] "The healer of the sickness of all flesh" refers to the holes that G-d created in him to take out the waste of his food, because if it spoils while inside his stomach he will die - and [therefore], taking [the waste] out of him is the remedy. "And does wondrous things" [is in the text] because man is compared to a sack full of air, and if one were to make a hole in the sack as small as the tip of a needle, the air would escape, and the fact that man has many holes in him and his spirit is still kept inside him, this is a wondrous thing. Another explanation is that it is referring to [how the body] selects the good parts of food and pushes out the waste. Rem"a: Another explanation is that "does wondrous things" refers to [the fact] that [G-d] keeps the spirit of man within his body and binds something spiritual to something physical, and all this [is possible] because He is the healer of all flesh, because then man stays healthy, and his soul is maintained within his body (His (ie. the Rem"a's) own opinion).
Some have the custom to wait to make the blessing "on the washing of hands" until they arrive at the synagogue, and they say it along with the rest of the [morning] blessings. The descendants of the Sephardim do not have this practice. (Nevertheless, one should not make the blessing twice; and one who recited it at home should not recite it at synagogue, and one who recited it in the synagogue should not recite it at home (Kol Bo - Siman 2). And one who learns before he enters the synagogue or prays before, should recite the blessing at home and not recite it in the synagogue. Even in these scenarios, there are those whose practice is to recite it along with the other blessings in the synagogue and they do not recite it in their homes) (Maharil - Laws of Prayer).
The blessing of my "My G-d, the soul..." does not begin with [the word] "Blessed", because it is a blessing of thanks, and blessings of thanks do not begin with [the word] "Blessed", like we find with the blessing of the rain.
There are those who have a custom, that after one has said the Morning Blessings and the others answered Amen, one of those who answered Amen then says [the Morning Blessings] and they all answer Amen, and in this way all that initially answered Amen follow. And one shouldn't protest this and say that they have already fulfilled their obligation with the Amen's that they answered initially, since the one making the blessing does not intend to fulfill the obligation for others; and even if he had that intention, the others intended to not fulfill their obligation with his blessings.
Siman 7
The Laws of Reciting the Blessing of "Asher Yatzar" Throughout the Day After One Urinates. Containing 4 Se'ifim:
Throughout the day, when one relieves themselves, whether urination or defecation, they should recite the "Asher Yatzar" blessing, but not "Al Netilat Yadayim" even if one wants to learn or pray immediately after. Rem"a: If one's hands were dirty because he wiped with them, even in such a case, one should not recite the blessing "Al Netilat Yadayim" (Sefer Mitzvot Ha-Gadol - siman 27, mitzvah 9)
If one urinated and did not brush off [any drops of urine with his hands] - even though he must recite Asher Yatzar, washing his hands is only necessary for [the sake of] cleanliness/hygiene or because of the notion of "Hikkon" (Amos 4:12) (i.e. preparation for the proper davening mindset).
One who urinated and then diverted his mind from urinating [further], and then later decided to urinate again - he needs to recite "Asher Yatzar" twice.
There is no specific amount of urinating required, because even if one urinates a single drop one must recite the ["Asher Yatzar"] blessing, because if one's opening would be blocked from releasing that drop, it would painful to him, and so he is required to give thanks.
Siman 8
He shall wrap himself in a fringed garment and make the blessing over it while standing up.
The order of wrapping is like the way that a person covers his head for work. Sometimes his head is covered and sometimes his head is exposed. And it is correct to cover the head with the fringed garment.
Small fringed garments (talit katan) of ours that are customarily worn, even though they are not wrapped, they fulfill our obligation for fringes. And it is good that one places it over one's head, the long way, and wrap it. He should stand this way wrapped for at least the amount of time it would take to walk four cubits. After this he can pull it over his head and wear it normally.
One should return two of the fringes in front, and two behind, in order to be surrounded by the commandments.
One should bless "to wrap oneself in fringes". If two or three are wrapped as one fringed garment (that is, each in their own but garment but at the same time) they each bless. If they want, one can bless, and the others can answer Amen.
...On a small fringed garment (talit katan) one can bless "to wrap oneself" even though there is no wrapping rather wearing. Ramah: There are those that say ones should bless on it "on the commandment of fringes", and this is the custom and do not change this (Kol Bo Siman 22, and the Nimukei Yosef, Hilchot Ketanot Page 66:)
One must separate the strings of the fringes from each other.
...One should have this intention in wrapping: That God commanded us to wrap ourselves in it in order to remember all of his commandments and to do them.
Before making the blessing, one should check the strings of the fringes to ensure that they are fit, so that he will not be making a blessing in vain.
If one put on the a small fringed garment (talit katan) while his hands are still unclean, he should put it on without a blessing, and when he [eventually] washes his hands, he should move around the fringed garment and then say the blessing on it. Or when he puts on another fringed garment, he should say the blessing in it and have in mind to exempt also this one (the original fringed garment) [from the blessing], and there is no need to move around the original fringed garment.
The main part of the commandment of the small fringed garment (talit katan) is to wear it on his clothes, so that he will always see them and he will be reminded of the commandments.
If one has many four cornered garments, all of them are obligated to have fringes. And if one puts them all on without a break, and has in mind from the beginning about all of them, he only makes a single blessing. And if he does make an interruption between them, he needs to make a blessing on each one of them. And this is the law if he didn't have in mind from the beginning about all of them, that it's as if an interruption was made between them. Gloss: And so too if he removed the first [garment] before putting on the second [garment], he needs to return and make [another] blessing (T"H siman 45).
One who puts on a small fringed garment (talit katan) and makes a blessing on it, when he goes to synagogue and wraps himself in a large fringed garment (talit gadol) he needs to make a blessing on it (the large fringed garment), because walking from his house to the synagogue is considered an interruption. And if he prays in his own house, if his intention from the start was [for the blessing to be] also on the large fringed garment and he did not make an interruption between them with conversation or with other things, he does not need to go back and make a blessing on it (the large fringed garment).
And if he take off his fringed garment, even if his intention was to go back and to wrap himself in it immediately, he needs to make another blessing when he goes back and wraps himself in it. Gloss: There are those who say that he does not make a blessing if his intention is to go back and wrap himself in it (Agur, siman 34), and there are those who say that [the ruling that he does not make another blessing] is precisely when there remains on him a small fringed garment. And this is what the custom is (ibid.), see later on in siman 25, seif 12.
If his fringed garment fell off without his intention and he goes back and wraps himself in it, he needs to make a blessing, and this is when it completely fell off. But, if it didn't completely fall off, even though most of it fell off, there is no need to make a blessing.
One who slept in his fringed garment at night needs to make a blessing on it in the morning, even if he did not remove it. And it's good to move it around at the time of the blessing. And so too does one do who puts on his fringed garment before the light of the day (HGM"YY in the name of Sefer HaTerumah and the SM"G and the SM"K and the Mordechai in the laws of Tefillin).
One who covers himself in a garment that requires fringes, and does not place fringes on it, he has nullified a positive commandment.
Siman 9
The only garments obligated in the precept of tzitzit are those made of sheep wool or linen, but garments made of wool of other animals is obligated in the precept of tzitzit by rabbinic decree. (and there are those who say every [material] is obligated [in the precept of tzitzit] and this is the halacha) (Tosefta 32, Rosh, Sefer Mitzva Gadol, Mordichai.)
Tzitzit of linen or of sheep wool are acceptable on all kinds of garments except for cases when tzitzit of linen are put on a garment of wool or tzitzit of wool placed on a garment of linen... [and this is] nowadays when there is no techelet, since they (ie. wool and linen, when combined) are Kilayim [forbidden mixtures]. REMA: And there are some that say not to make tzitzit of linen at all, even [to put them on a garment made of] other materials and this is our practice. [Sma"k Siman 31]
Tzitzit made from neither wool or linen only fufill the precept of tzitzit with their kind. For example silk tzitzit to a silk garment or cotton tzitzit to a cotton garment, but a garment without tzitzit of its kind does not fulfill the precept.
If one affixed onto a tallit of other materials (i.e. not wool or linen) a portion of tzitzit of that material and a portion from wool or linen, there is an uncertainty regarding this.
Some say that it's necessary that the colour of the tzitzit and tallit are the same, and those who are particular are accustomed to practice this way. REMA: and Ashkenazim are accustomed to make only white tzitzit, even for coloured garments, and there is no need to change [the custom]
Some say not to make a tallit out of linen even though there isn't a halacha [not to do so]. A G-d fearing individual should make a tallit out of wool that it is obligated in the precept of tzitzit from the Torah without a doubt. REMA : if it is only possible for an individual [to fufill the precept of tallit] only with a tallit of linen, better that he fulfilled the precept with a tallit made of linen with linen tzitzit then he void the precept of tzitzit. (Responsa of the Rosh, Section B)
Siman 10
A tallit with less than four corners is exempt [from the requirement of tzitzit]. One with more than four corners requires tzitzit, and they should be put on the four corners that are the furthest from each other.
If a tallit has four corners and one gets cut off crosswise to make two, this has now made it a five-cornered garment which requires tzitzit.
If one folds the corners of his tallit and ties them up or sews them and it looks like it has been trimmed and no longer has corners, even so it is not exempt [from tzitzit].
A tallit made of cloth with corners made of leather requires tzitzit, while one made of leather with corners made of cloth is exempt.
A tallit with three corners on which one has put three tzitzit [one on each corner] and then made a fourth corner and put tzitzit on it too, it is invalid because of the rule of "ta'aseh velo min he'asuy," (lit. "you shall make, and not from that which is already made" - which requires one to actively make the tzitzit rather than have them passively made).
One should not fold the tallit and put tzitzit on the corners that result from folding [Rem"a: But one must put tzitzit on the four extreme corners (ie. the four original corners)][Beit Yosef] unless it is entirely sewn up... even on one side. [Rem"a: And there are those who say tzitzit are required even without it being sewn up and it is good to put tzitzit on such a garment, but one should not make a blessing on it."] [The Rif, the Rosh and the Tur].. If one hangs tzitzit on a garment which already has tzitzit, if it is his intention to nullify the first, one cuts the first off and it is then valid, but if his intention was to simply add, then even though he cut either of them, it is invalid. [Rem"a: "And there are those who allow it to be done in any way and this is the main opinion], but before the first one is cut it is invalid regardless of how it was done.]
[Regarding] Garments which are open from the sides down and have four corners on the lower part but on the upper part they are closed: if the majority is closed they are exempt [from tzitzit] while if the majority is open they require tzitzit. And if half is open and half is closed one treats it stringently and it requires tzitzit, but one must not go out [in public domain] wearing it on the Sabbath.
A "kapa" [Ladino: overcoat] which is open, in a way in which it has four corners: if one has affixed "astringa" [Ladino: strings with metal at the ends used to fasten various articles of clothing] to close it up in order to exempt it from tzitzit, it is ineffective unless it fastens for at least half the length and down to the bottom and should also be fastened below the belt in order that the majority should be closed, a majority that appears to the eyes; if not, it is forbidden because of "marit ayin" [literally: how it looks; the term is used to forbid something that is technically allowed, but resembles a forbidden activity to a viewer, lest someone see and conclude that the forbidden activity is in fact permissible]
The corners must be squared off and not rounded.
A turban is exempt, even those from the Western lands where both its ends are tossed over their shoulders and body... and even though one covers with it one's head and the majority [of his body], it is exempt, because its main purpose is to cover the head, and "your garment" (Deuteronomy 22:12) is written in the Torah, and not the garment of the head.
A shawl that is worn on the neck [by the people living] in the kingdom of the land of Israel, which is called in Arabic Shid, and so too a Buka which was worn in Spain over their shoulders, are exempt.
Egyptian garments called Guchash and so too Mintin'ish, and Dulaman'ish, and Kaftan'ish, and Phirig'ish from Turkey... even if they have four corners, they are exempt. Rem"a: So too with the garments of the regions of the people of Ashkenaz and Spain, since their corners are not fashioned in a manner that places two before them and two behind them, aligned one opposite the other, they are exempt.
Siman 11
The [fringe] strings have to be spun for their purpose.Rem"a: Some authorities are stringent to even comb them for their purpose. And the custom is to be lenient regarding combing. (Mordechai; Agudah, Section 23)[The spinner] should say at the start of the spinning that he is doing it for the purpose of fringes. Or he should say to a woman [who doing the spinning] "spin me fringes for a shawl." And if the strings were not spun for their purpose, they are unfit.
If they are spun by a non-Jew and a Jew stands behind him and tells him to make the strings for the purpose [of fringes], they are unacceptable according to the Rambam[2] and acceptable according to the Rosh[3]. Rem"a: And it is our custom that the Jew should do a tiny bit of work as stated in Chapter 22, Paragraph 9 and in Yoreh Deah, Chapter 171 on tefillin and Torah scrolls, respectively. And the interweaving must also be done for the purpose.
If the [ציצית strings] unraveled from their interwoven [state] and became sixteen strings (ie. each of the 8 ציצית strings was originally made of 2 interwoven strings), it is valid. And this is only if there remains [a section] from the interwoven string that's long enough to tie a bow. Rem"a: And ideally, it is good to tie the strings at the bottom, as is seen below in Se'if 14 in this [same] Siman [Beit Yosef in the name of the Rokeach].
The Length of the 8 strings should not be less than 4 thumb-widths, and there are those that say 12 thumb-widths, and that is the custom. And the upper bound has no [specific] measurement. Rema: And if the length was made more than necessary, one is able to cut it and there is no concern for [the tzitzit invalidation of] you should make it and it should not be made (Mordechai BH"K). One of the strings should be longer, in order to wrap the fringe with it (that's that part of the tzitzit that is not combined). Rema: And the aforementioned measurement is for the tzitzit after they are tied, excluding [the part of the tzitzit] that is left [hanging] on the corner of the garment (reasoning of the Beit Yosef).
One should not make tzitzit from wool became attached with thorns when the sheep was lying between them, and not from the hairs that were plucked from the animal, and not from the remnants of the warp that the weaver leaves over at the end of [the making of] the garment, and the reason is because it is an embarrassment to the commandment.
If they were made from stolen wool it is invalid, since it is written and it should be made for them, [meaning] from that which is theirs. Rema: And this is precisely that the strings were stolen, but if the wool was stolen, and it was made into strings, it is valid, however, from the outset, it is forbidden to do that (Beis Yosef in the name of Nimukei Yosef in the laws of tzitzit). And with regards to the topic of making the blessing, see later on at the beginning of chapter 649 (see M"S R"S T"V).
Borrowed strings, they are a loan that the object is not returned, and they are considered his.
One who bows [in worship] to an animal, its wool is invalid for tzitzit. One who bows [in worship] to planted flax, [the linen from the flax] it valid for tzitzit because they were changed.
He makes a hole in the length of the talit not above 3 fingerbreadths which are the thumbs (Kol Bo, chapter 22, and Maymoni and HGH' SM"K chapter 31) because [above that] is not called the corner. And not below the measurement from the joint of the thumb until the end of its fingernail, because it says on the corner and if it were to be below the full joint of the thumb, it would be below the corner. Rema: And this measurement is the straight measurement (perpendicular to the edge) and not the diagonal from the corner (Beis Yosef).
If it was further from the corner [the measurement of the] full knuckle of the thumb, and the fabric was torn from the [place of the] strings until this measurement no longer remained, it is valid, since it had the correct measurement at the time that the tzitzit were placed on it. Rema: And we are accustomed to make a rim around the hole so that it shouldn't tear there and be less than the correct measurement. And so too, we make a rim on the edges of the garment below because of this reasoning (Beis Yosef in the name of the SM"K and Kol Bo). And there are those that say that with the width of the garment there is no correct measurement, and there are those that say that the law of the width of the garment is the same law as the length, and their words (the second opinion) seem correct.
If the corner is what we call an אורילייזא and is wide, Tzitzit shouldn’t be put on it. If one put Tzitzit on the garment, it is invalid since it is written “on the corner of your garments” and this is not considered from the garment. Rather, there must remain at least the measuremt of joint of the thumb and not farther than 3 fingers since the hole must be in the garment. [It is good to measure the joint of the thumb without including the fringes while measuring the 3 fingers including the fringe.]
The number of the Tzitzit threads on all corners is 4 strings folded over, which is 8. If more were added, they are invalid. You should trim the tips of the 4 threads then insert them in the corner. Finally, double them over and then there will be 8.
One should be careful the cut the tips of the threads into 8 before wrapping them. For even if one thread was wrapped and tied with just one tie and afterwords cut, this is invalid by the principle of תעשׂה ולא מן העשׂוי since they they were made defective.
You should take 4 threads on one side and 4 threads on the other side and tie them two times, making a double knot. Afterwards, you should use wrap the longest thread around the 7 others with a little wrapping and then make a double knot. Then repeat and wrap. This should be repeated until 5 double knots are made with the 4 spaces between them filled with windings. There is no שׁיעור (set measurement) for wrapping other than the fact that all the wrapping and the knots must be 4 thumb widths wide and the branch (protruding threads) 8 thumb widths. [If the Tzitzit are longer, one should make sure that one the tassels should be (at the minimum) one third of the length and the branch should be two thirds of the length.] It is the custom to have 7 wrappings in the first space, 9 in the second space, 11 in the third, and 13 in the fourth. They all add up to 40 corresponding to the numerical value of “השׁם אחד” (G-d is one) which is actually 39 and by adding G-d (since G-d is one, you add one), it makes 40. It is customary to tie a knot at the end of every thread so that they should remain intertwined.
There are those who require the Tzitzit to hang by the length of the Talit since they must drop by an angle [he means “hang by an angle”]. If the Tzitzit were placed on the width of the Talit, they would not drop but would hang facing the ground. Some say that no material should be in the holes of the talit containing the Tzitzit. Others allow this and so is our custom.
Siman 12
If all the strings on the corner have torn, and there remains upon them enough to tie all of the torn strings together, then they are kosher, and if not enough remains to tie them together, even on only one of those that has torn, then they are all invalid. Therefore, since every one of them is doubled over to make two [strings], if two ends have torn off then the tzitzis are invalid, because it could be that one string has torn [at both ends]. According to our practice - which is to be careful when making Tzitzis to place a mark on four of the ends in such a way that these four ends are always on the same side of the knot, and the four [doubled] ends are on the other side - if two ends tear off on the same side, the Tzitzis are still Kosher, because certainly these are two [different] strings, and each one still has its second end which is more than "long enough to tie." Rabbeinu Tam only accepts [Tzitzis] in a case where two complete strings remain - meaning four ends which each have a full 12-knuckle length [which is required when making new tzitzis]. Therefore he will accept them even when the other two tzitzis have torn - if they still have "enough to tie" - but if three have torn, even though they still have "enough to tie", they are invalid. Because of this, when three ends have torn, if at the time the Tzitzis were made he was not careful to ensure recognition of the four ends that came from one side of the [initial] knot, we are concerned that perhaps every end comes from a different string, and therefore there is only one complete string left - so because of this doubt we must invalidate the Tzitzis. However, if only two ends have torn, they are Kosher if "enough to tie" remains. The law follows the first opinion [which said that even if three or four threads are torn off, the Tzitzis are still Kosher as long as we know that each one is a torn end of a different string]. However, it is good to be concerned for Rabbeinu Tam's opinion where possible. Rem"a: Our custom is to follow Rabbeinu Tam. Rem"a: All the more so [according to Rabbeinu Tam], if he was precise to ensure recognition of the four ends that come from one side, and three strings tore all on one side, then the Tzitzis are posul, because we are certain that three threads have torn, and even if they tear on two different sides, we are concerned that possibly three different threads are involved.
Consider a case where you need enough thread to tie a loop but due to the strings being too thick, you are unable to form a loop with them but if the strings were thin, there would be long enough to form a loop. In this case, the Tzitzit are Kosher. [One takes into account the thickness of the average thread.]
“Enough for a loop”: According to Rashi, this must be done from the “branch”. According to the ר׳י, even if the entire branch was severed but there remains enough thread in the tassel to make a loop, it is Kosher. The world custom is according to Rashi. In a difficult situation, one can rely on the ר׳י.
Siman 13
Having valid Tzitzit on all four corners is an essential requirement: one missing invalidates the whole and the entire four-cornered garment is regarded as not having valid Tzitzit at all. So, someone who goes out (wearing such a garment) into a Public Area on Shabbat would be liable to bring a Sin Offering. (See also Chap. 301 para. 38)
If the garment is properly fitted with valid Tzitzit, then it is permitted to go out into a Public Area wearing either a Tallit Katan (small) or a Tallit Gadol (large), even at this time when we do not have the Techeilet (blue-dyed thread). [This permission does not apply if he has simply put the Tallit onto his shoulders]. [We presume the Tallit to be properly fitted with valid Tzitzit, so it is not necessary to check it before going out(into a Public Area on Shabbat)]
If, while he is in a Carmelit Area on Shabbat, a person discovers that the Tallit he is wearing is invalid, he should not take it off until he has reached his home, because the respect due to other people is greater. Rema: And even a tallit katan worn under one's clothing does not need to be removed and this is the law if one of the tzitzit has become invalid and one is ashamed to sit without a tallit may wear it without a blessing because of the honor of the public.
Siman 14
The Laws of ציצית That Were Made By A Gentile Or Women And A Borrowed טלית, Containing 5 Se'ifim
Tzitzit that are made by a Gentile are invalid, as it is written "speak to the people of Israel" (this statement addresses Jews specifically and) this excludes Gentiles. A Jewish woman may make tzitzit (i.e. they are kosher if made by a woman). Rem"a: And there are those who are stringent to require men to make them, and it is good to do so optimally (Mordechi and Hagahot Maimon in Hilchot ציצית and Tosefot page 42).
If a Jew put ציצית on his garment without intention [that by putting ציצית on his garment he will be fufilling the mitzvah], if there are no other ציצית available [to replace those which were put on without the intention of fufilling the precept], one may rely on the Rambam whose halachic opinion is that the ציצית [which were put on without intention of fufilling the precept] are fit, but one should not make the blessing over such ציצית.
One who borrows from his friend a טלית that does not have ציצית on it, he is exempt from putting ציצית on it for thirty days, as it is written "your covering/garment" and not of others. But after thirty days, one obligated, on a rabbinic level, [to put ציצית on it] because it looks like it is his. Rem"a: And if he returns it (the טלית) within 30 days and he takes/borrows the טלית again, [the days from the first and second borrowing] do not combine, rather you need to have thirty consecutive days (Nemukei Yoseph Hilchot Tzitzit). If one borrowed it when it [already] has ציצית, he should recite the blessing on it immediately.
It is permissible to take his friend's טלית and to recite the blessing on it, as long as he folds it [when he is finished] if he found it folded. Rem"a: And the same law apply's regarding תפילין (Nemukei Yoseph in Perek Ha'sfina (Bava Batra Chapter 5)). But it is forbidden to learn from holy books of his friend without his knowledge, for we are concerned that he will tear them (ie. the pages in the book) while he is learning [from them] (Nimukei Yosef - Halachot Ketanot)
A טלית belonging to partners is obligated in [the mitzvah of] ציצית, as its written "on the corners of their garment".
Siman 15
If One Is Allowed To Untie ציצית From One Garment [And Transfer It] To Another, and The Laws Of [What To Do If] One's טלית Ripped, Containing 6 Se'ifim
One is allowed to untie ציצית from one טלית and to place them on another טלית; however, [to untie them] without placing them on another garment, that is not allowed. Rem"a: And this [prohibition of untying ציצית] applies specifically to a טלית [that belongs to] one who is obligated [to wear it], but it is permitted to untie the ציצית from a טלית of a dead person [without needing to place them on another garment.] (See Mordechi and Tosafot Shabbat 22a).
One may not take the [detached] corner [of a garment] as it is, with the ציצית [still attached], and to sew it onto another garment, because it needs to be "...on the corner of their garments..." (Numbers 15:38), and this corner [that is being sewed on] was not part of this garment [that it's being sewed on to] when it was made.
A טלית that had ציצית on it in accordance with the law, that was split into two, and each part has [at least] the [minimum] measurement [of garment] to wrap oneself with it (ie. it's large enough to be obligated in ציצית), and there remained, on each one of the parts, ציצית on 1 or 2 [of the corners], there is no concern for [the invalidation of] "You shall make it, and not from that which is [already] made".
If the טלית tore within 3 fingerbreadths near the edge of the corner, one is not permitted to sew it back up. And the explanation of Rashi is that we're worried that there will be left over from the sewing thread, and he will leave it there [hanging off of the corner] and he will add on to it 7 more strings for the sake of ציצית. And according to this reasoning, even if [the corner] was torn any amount, one may not sew it up. And according to this, a wool טלית that tore within 3 [fingerbreadths] - it is permitted to sew it up nowadays, since it's not the normal way to sew with wool thread. And Rav Amram explains that the reason [one may not sew up the טלית] is because when it tears within 3 [fingerbreadths], it (the torn corner) is not considered a garment, and it's like it's not there, and even if he sewed it back on, it is considered like it's detached, and if one were to make ציצית for it, it would not exempt the טלית [from needing ציצית]. And according to this explanation, if it tore and there remained any part at all [attached to the טלית], it is valid. And there are those that say that according to Rav Amram, only ציצית that were on it at the time that he sewed it back on are invalid; but if after he sewed it, he placed ציצית on it, it is valid. And a G-d fearing person complies with all of [the opinions] where it's possible.
If it tore from the hole that the ציצית hang from downward: If the ציצית were put on [the garment] before the tear, so that those ציצית were there at the time of the tear, it is valid. And if it tore and there remained a little bit [of the garment untorn] and he sewed it up, and afterwards he put ציצית on it: If it (the ציצית) is of wool, then it is valid according to all opinions; and if it is of other materials that it's the normal way to sew with threads of those materials, he should not sew it, according to Rashi. And if it tore and he sewed it up and afterwards he put ציצית on it, it is questionable [if that is valid].
One who sews a piece of cloth on the corners of a טלית, and so too that which we are accustomed to sew around the hole that the ציצית are in - if the טלית is made from silk and he sews with a thread of white silk, one should be concerned regarding this according to the opinion of Rashi, that there shouldn't be any sewing below 3 [fingerbreadths from the edge of the טלית] and above the [measurement from] the knuckle of the thumb [until the nail from the edge of the טלית]. Rem"a: And the same applies in any place that one sews with a thread that is the same material as the ציצית since we're worried that maybe he'll take that thread [to be used] for the strings of the ציצית (Trumat Hadeshen - siman 46 in the name of the Hagahot Maimoni).
Siman 16
The Measurement Of A טלית. Containing 1 Se'if
The measurement of a טלית that is obligated in ציצית is [a garment] that covers, in length and width, the head and most of the body of a child who goes out by himself to the marketplace and doesn't need someone watching him. Rem"a: And then it is obligated in ציצית, and this [refers] specifically to when an adult would sometimes wear it in a temporary fashion to go out in it to the marketplace (Beit Yosef in the name of Ben Chaviv and in the name of Mahari"a).
Siman 17
Who Is Obligated in ציצית. Containing 3 Se'ifim:
Even though [the verse] states "And you shall look upon it" (Numbers 15:39), a blind man is [still] obligated in ציצית since the [verse] of "that you cover with" (Deuteronomy 22:12) comes to include [a blind man]. And the verse of "And you shall look upon it" is needed to exclude a nighttime garment.
Women and slaves are exempt [from wearing tzitzit] because it is a time-dependent commandment. Rem"a: And if they wish to wrap [in tzitzit] and say the blessing on them it is up to them to do so as with all time-dependent commandments (Tosafot and the Rosh and the Ran, Chapter 2, Rosh Hashanah, First Chapter of Kiddushin). However, it looks as if they are doing it to appear more observant than others, therefore, they should not wear tzitzit, as it is not a commandment of the person [rather of the object] (Agur Section 27). [And for slaves] This means we do not have to buy him a tallit in order that he be required to wear tzitzit as we see in Chapter 19 it says when he has a shawl with four corners he should wear it.The requirement for a tumtum and an androgynous is doubtful and so they should wrap without a blessing (Explanation: a tumtum does not know whether he/she is male/female, and an androgynous has both male and female genitals).Rem"a: And since it is our custom that women should say the blessing when they fulfill time-dependent commandments so should they (Divrei Atzmo)
A child who knows enough to wrap in tzitzit must be taught by his father to wear them as part of his education. Rem"a: And in particular if the minor knows to put two tzitzit in front and two in the back (Notes of Maimuni Chapter 3) and knows to hold the tzitzit in his hand during the reading of the Shema (Mordechai, end of Chapter Lulav Hagadol).
Siman 18
The Time of ציצית. Containing 3 Se'ifim:
Night is not the time of tsitsit, because [the obligation is] limited by [the verse] "and you shall see it" (Numbers 15:39). According to the Rambam, anything that is worn at night is exempt, even if it is designated for daytime use, and that which is worn in the day is required [to have ציצית], even if it is designated for nighttime use. And according to the Rosh, a garment which is designated for nighttime is exempt, even if it is worn in the day, and a garment designated for daytime, or both day and nighttime, is required [to have ציצית] even if it is worn at night. Rem"a: And a doubt regarding blessings is ruled leniently - therefore one shouldn't make a blessing on it unless it is worn in the daytime and it is designated for daytime (Hagahot Maimoni). And after the evening prayers, even if it is still day, one shouldn't say the blessing on it (Piskei Mahar"i, 121). And on the night of Yom Kippur one should put on the garment while it is still day and say the blessing on it (Tashbetz).
Bedsheets/Blankets, even though one sleeps in them in the morning, we do not affix ציצית to them.
From when does one bless on the ציצית [that he puts on] in the morning? From the time when [there's enough light that] one can tell the difference between the techeilet (blue) in it and the white in it. And if he puts it on starting at dawn, some say he makes a blessing, and this is our practice (Mordechi - chapter 2 of Tractate Megillah). And if he put it on earlier than that, such as during [the time of year when we recite] selichot, he should not make a blessing over it [right away], and [then] when it becomes light he should touch [the ציצית] and makes the blessing (Tashbe"tz).
Siman 19
Tzitzit are an obligation on the person and not on the item, in that as long as he is not wearing the tallit, he is exempt from (the obligation of) tzitzit (i.e. on that tallit). Therefore, one does not say a blessing regarding the making of the tzitzit, since there is no commandment except in wearing them.
One who makes a tallit to be used as a burial shroud, even though he sometimes wears it during his lifetime, it is exempt (from the obligation of tzitzit)
Siman 20
Laws of Buying and Selling a טלית. Containing 2 Se'ifim:
One who buys a טלית with ציצית on it from a Jew or from a non-Jewish merchant [and he says that he bought it from a Jew, and he's believed] (Nimukei Yosef - Laws of ציצית) it is valid, because since he's a merchant, there's a presumption [that he's telling the truth and] that he bought it from a Jew because he wouldn't harm himself (ie. ruin his career by lying to customers). But, if one bought it from a non-Jew that's not a merchant, it is invalid.
One can not sell a טלית with ציצית on it to a non-Jew because maybe he will [wear it, pretending to be a Jew, and] accompany a Jew on the road and kill him. Even to use as collateral and to deposit a טלית with ציצית on it to a non-Jew is forbidden, unless it's temporary since then there's nothing to worry about.
Siman 21
What To Do With ציצית That Detached and With An Old טלית. Containing 4 Se'ifim:
ציצית strings that detached may be thrown into the garbage, because it is a מצוה that does not possess it's own holiness (i.e. ציצית are only a מצוה by virtue of their being attached to a four cornered garment). However, as long as they are attached to a טלית it is forbidden to use them [for another purpose], like to tie something [with them] or similar, because this is disrespectful to the מצוה [And there are those who say that even after they become detached, one should not treat them disrespectfully by throwing them into a dirty place, but they don't need to be ritually buried (Kol Bo - Laws of Shabbat). And there are those who are punctilious to ritually bury them, and for the one who is stringent and careful in the performance of מצות, a blessing shall come upon him) (Mahari"l - Laws of ציצית)(And see below - siman 664, se'if 8 and 9)].
A טלית used for the מצות [of ציצית] that wore out, a person should not use them. And one is not permitted to wipe himself with them, and not to designate them for any disgusting use, rather he can throw them away, and they will wear out [on their own].
It is permitted to enter a bathroom with ציצית. Rem"a: And certainly to sleep in them is permitted. And there are those that write that it is our custom to not sleep in a טלית that has ציצית on it, also one shouldn't give it to a non-Jewish cleaner to clean. And all these things are so that commandments shouldn't become disgraced because of it. However, the custom is to be lenient [with regards] to sleeping in them (Kol Bo).
There should be caution, when a man wears a טלית, that he shouldn't drag it's ציצית [on the ground].
Siman 22
Containing 1 Se'if:
One who buys a טלית and makes ציצית strings for it should say the blessing of Shehechiyanu, because it is not any less [important] than new vessels. Rem"a: If one did not say the blessing at the time of making it (ie. completing the טלית by affixing the ציצית to it), he should say the blessing the first time he wears it. (Maimoni and Nimukei Yosef)
Siman 23
It is permitted to enter a cemetery while wearing tzitzit as long as the fringes do not drag on the graves. But if the fringes drag on the graves it is forbidden as an example of "mocking the poor." The conditional prohibition (only if the fringes are dragging on the graves) applied in their (Talmudic) times, when they placed fringes on their daily garments, but for we who wear fringed garments only for the sake of fulfilling the mitzvah (of tzitzit), it is forbidden even if the fringes do not drag on the graves. However, it is forbidden only if the fringes are visible, but if they are covered, it is permitted.
There are those with the custom to tie two tzitzit on two corners together when they enter a cemetery and there is no purpose in doing so.
The laws of one who goes within four cubits of a corpse or of a grave are the same as those for one who enters a cemetery.
In those places where it is the custom to remove the tzitzit from a dead person's tallit in the home, if the pallbearers wear tzitzit there is reason to suspect transgression of "mocking the poor."
Siman 24
[Various] Practices of Wearing ציצית and it's Rewards and Punishments. Containing 6 Se'ifim:
If a person does not wear a garment with four corners then he is not obligated in [the מצוה of] ציצית. [However,] it is good and proper that a person should be cautious to wear a small טלית every day, in order that he should remember the מצות at every moment. Therefore, there are five knots [in each corner] which correspond to the five books of the Torah, and there are four corners, so that in whichever direction he faces, he will remember. It is proper to wear ציצית over his garments and at the very least, he should be careful to wear ציצית at the time of prayer.
It is a מצוה to grasp the ציצית with one's left hand near one's heart while reciting Kriyat Shema. This is alluded to [in the verse] "And these words shall be...on your heart."
It is good to look at the ציצית while donning them, when you say the blessing.
Some have a custom to look at their ציצית when they reach [the verse] "And you shall see them," and to place them on their eyes. This is a beautiful custom and [a way of] showing love for the מצוה. Rem"a: Some also have the custom of kissing their ציצית when they look at them, and all of this is [a way of] showing love for the מצוה (Beit Yosef).
When one looks upon the ציצית he should look at the two fringes in front of him that have ten knots in total that allude to the Havayot (ie. Hashem's name YKVK with 10 different vowelizations), and they also have sixteen strings and ten knots that total twenty six which is the [gematria of the divine] name YKVK.
Great is the punishment for one who does not fulfill the מצוה of ציצית. Regarding such an individual it is said, that "to hold the ends of the earth [like a garment] [and to shake the wicked out of it]" (Job 38:13). And one who is careful in the מצוה of ציצית will merit and see the face of the Divine Presence.
Siman 25
The Laws of Tefillin in Detail. Containing 13 Se'ifim:
After putting on one's tallit with tzitzit [on it], one should put on tefillin because [we do mitzvot] in ascending order of holiness. And those who put their tefillin and tallit bags [together] into one bag must take care not to place the tefillin bag on top so that they won't encounter them first and [subsequently] have to put them on before the tallit in order not to skip mitzvot. Rem"a: However, if one has the tefillin ready but does not have a tallit, he does not have to wait for a tallit, rather he puts on the tefillin. When they bring him a tallit, he puts it on [his (the Rem"a's) opinion].
One who is scrupulous [to wear] a Tallit Katan should wear it and don his tefillin at home and walk to the synagogue wearing the tzitzit and crowned with tefillin where he will put on the large tallit. Rem"a: Common practice is to even wrap oneself in the large tallit before walking to synagogue and to make the blessing on it, and then put on tefillin and go to synagogue
The Ro"sh would recite [all] the morning blessings until "...Who crowns Israel with glory", then he would don his tefillin and then recite that blessing.
One's tefillin must be upon him during the Shema and Amidah.
One should have in mind, when putting them on, that God commanded us to place these four passages - which contain the Unity of His Name and the Exodus - on the arm opposite the heart and the head opposite the brain, so that we may remember the miracles and wonders that He did for us which indicate His Unity and that He is omnipotent in heaven and on earth to do with them as He wills. And [also in order] to subjugate, to God, one's soul which resides in the brain, as well as his heart which houses one's main physical desires and thoughts. Through this he will remember his Creator and moderate his pleasure[-seeking]. He should put on the arm-tefillin first and recite the blessing "... to place tefillin" and afterwards put on the head tefillin. He should only recite [that] one blessing for both of them. Rem"a: Some say to recite [the following] blessing on the head tefillin "...on the mitzvah of tefillin" even if one did not make an interruption between them (ie. the arm and head tefillin) [The Ro"sh in the Laws of Tefillin]. [This is the widespread Ashkenazic custom, to make 2 blessings]. It is good to always recite after the second blessing: "Blessed is the Name of His glorious Kingdom forever and ever" [Mahar"i ben Chabib Agur, Siman 38]
If he touched the head tefillin first, he must skip that mitzvah and put the arm tefillin on first, and afterwards the head tefillin.
The brachah is pronounced "l' - HUH - knee - ach" with a kamatz under the [letter] Hey, and not with a patach or a dagesh.
[For] all Mitzvot, one blesses on them "over l'asiyatan" [Meaning "before/preceding". [As in the words of the verse] "And he passed (va'yaavor) the Cushite", whose interpretation is that he ran and preceded/passed before him]. Therefore one must make the blessing on the arm-tefillin after he places it on his bicep, before he tightens it. For the tightening is it's "doing" [Rem"a: Similarly, [the blessing] on the head-tefillin [must be made just] before tightening it on the head. Tur.]
It is forbidden to make an interruption with speaking between [putting on] the arm tefillin and the head tefillin, and if he spoke, he must recite the blessing on the head tefillin: "...on the Mitzvah of Tefillin". Rem"a: And for us [Ashkenazim] that have the custom to make the two blessings even if one did not speak in between, he must go back and make both blessings on the head tefillin [his (ie. the Rema's) own opinion]
If one spoke something necessary for [putting on] the tefillin he does not have to go back and recite a [new] blessing. If one heard Kaddish or Kedushah in between putting on his arm tefillin and head tefillin, he should not stop to answer with them, rather he should remain quiet, listen, and pay attention to what they are saying.
After tying the arm tefillin to the arm, one should put on the head tefillin before winding the strap around the arm. There is an opinion who forbids removing the head-tefillin from the bag before putting on the arm-tefillin. Rem"a: Even if they are both already in front of him, outside of the bag, one should not unwrap the head tefillin until after the arm tefillin is on [Mahari"a and Mahar"i ben Chabib]. There is an opinion who says to put on the arm-tefillin sitting and the head tefillin standing [Agur in the name of the Zohar, siman 84] but in our countries, this is not the custom, rather we do both standing.
If one puts on tefillin multiple times in one day, he must recite the blessing on them each time. If they moved from their place [on his head or arm] and he adjusted them to return them to their proper place, he must recite the blessing. (Rem"a: If he returned [only] one of them [back to their proper place], he recites the blessing like one who one only puts on one tefilla - as seen below in siman 26 [this is the Rem"a's own opinion].) If one moved them from their place with the intent to replace them immediately, he still must recite the blessing. Rem"a: There are those who say you should not recite a blessing [Tur - siman 8], and that is the prevalent custom. This was already explained above in siman 8, se'if 14 [If] one was putting on the arm tefillin and recited the blessing, and as he was tightening it, the knot severed and he has to form a new knot, however, he did not take his mind off [of the tefillin] - he does not have to recite the blessing again. If the arm tefillin became loosened before putting on the head tefillin, he should tighten it, and he does not need to recite the blessing again. But if he put on the head tefillin and then the arm tefilling became loosened, then he should tighten it and recite the blessing [again]. It is permitted to recite the blessing on borrowed tefillin, but not on stolen ones.
The widespread custom is to refrain from removing one's Tefillin until after the recital of "Kedushat U'va Letzion." [There is an opinion based on Kabbala to not remove one's Tefillin until one has recited the three Kedushot and the four Kaddishim, meaning after Kaddish Yatom and this is practice of those who are scrupulous [with mitzvos].] On a day where there is the reading of the Sefer Torah, the custom is to not remove them until after the Sefer Torah is returned to the Heichal. Rem"a: This refers to a place where the Sefer Torah is returned after U'va Letzion. However, according to the custom of our province where we return the Sefer Torah right after the reading , one should not remove them [at that point], rather he should do it like on all other days (The Rem"a's own opinion). On Rosh Chodesh, we remove the Tefillin before the Mussaf prayers. Rem"a: The same applies to Chol Hamoed and specifically in a place where they say Kedushat Keter in Mussaf. However, the custom everywhere is to remove them before Mussaf [Beit Yosef].
Siman 26
The Laws Regarding One Who Has Only One Tefilla. Containing 2 Se'ifim
If one has only one tefilla, he should put on the one he has and recite the blessing on it, for each tefilla individually is its own mitzvah. And the same applies if he has both of them but there is some unforeseen circumstance where he is only able to put on one - [in that case,] he should put on the one that he is able to.
If he is only putting on the head tefillin, he should recite the blessing "...on the mitzvah of tefillin" only. Rem"a: And for us who have the custom to say two blessings over tefillin each day, one should recite the two blessings on the head-tefillin. And if one only puts on the hand tefillin, he should only recite the blessing "...to place" (Tur).
Siman 27
Where and How To Put Them On. Containing 11 Se'ifim:
The [proper] place to put the hand tefillin is on the left arm, on the bicep that is on the bone between the elbow and the armpit. The tefilla should be tilted a bit towards the side of the body such that when he straightens his arm downward, it will be opposite his heart, thereby fulfilling [the obligation of] "And these words, [which I command you today], shall be in your heart." (Deuteronomy 6:6). Rem"a: It is necessary to place [the tefillin] at the top of the bone closer to the elbow, but not on the [upper] half of the bone close to the armpit (SM"K). [An amputee who does not have a hand, but only an arm, should put on [tefillin] without a blessing. (Tosfot, in chapter Hakometz, writes that an amputee is obligated, Or Zaruah writes that he's exempt).
The right custom is that the "yud" of the Shel yad knot is pointed to the heart, whereaas the Tefillin faces the outer side. One should take care that the "yud" knot not to move from the Tefillin.
The correct custom is to affix the ma'abarta, [the part] that the strap passes through it (that sticks out in the back of the tefillin), so that it rests on the side [of the arm toward] the shoulder, and the box [should be toward] to the side of the hand.
One should not have any object blocking the tefillin and skin, whether it is the shel yad or shel rosh. Rama: This is referring to Tefillin but with straps we are not careful.
A man who is prone to n'zilut (a certain injury or condition of the head that makes one's head susceptible to the cold), and if he wanted to place the tefillin of the head on his flesh he wouldn't be able to place them at all, there are those that permit him to place the tefillin of the head on a thin hat that's near his head and cover [the tefillin] because of onlookers. Rema: And one who places in this way does not make a blessing on the [tefillin] of the head, he only makes a blessing on the [tefillin] of the hand [the blessing of] to place (according to the opinion of the Rashba).
A lefty who does all his work with his left hand puts his Tefillin on his "left hand" which is the right hand of all people. And if he uses both hands, he places them on the left of all people. If he writes with his right hand and does all other work with his left hand, or if he writes with his left hand and does all other work with his right hand, there are those who say to put the Tefillin on his weaker hand because we "need the weaker hand." And there are those that say that the hand with which he writes is considered the right hand for this and he puts his Tefillin on the other hand. [Rema - And that is the common practice].
Even though a man has a wound in the place where the tefillin rests, he [still] puts on tefillin because there is space on the arm to place two [boxes] of tefillin, because from the middle of the bone that's close to the armpit until the elbow, [that entire area] is the place to put on tefillin.
The length of the strap on the tefillin of the hand [needs to be enough] in order to encircle the arm, and tie a knot from it, and stretch it over the middle finger, and wrap it around his finger three times, and tie it. And the global custom is to wrap it around the arm six or seven times. Rema: And one does not wrap the strap on the titura (the base of the tefillin under the box) in order to secure [the tefillin] (Maharil).
The correct placement of the shel rosh is from the hairline by the forehead until the end of the soft spot of a baby’s head.
The knot must be behind the head above the oref. Additionally, the ketzitza must be aligned in the middle of one’s head so that it could be “between his eyes.” The knot should also be aligned in the middle of the back of one’s head and should not be pushed to one side or the other. The visible part of the knot should appear like a daled. One must also be careful that the knot of the shel yad should not turn around.
The black side of the retzuos must face outwards. This applies to the shel yad and shel rosh. The retzuos of the shel rosh should hang in front and should reach at least one’s navel or a little above. The width of the retzua is the length of a barley kernel. If the retzua is too short or too narrow one should nevertheless wear them until he can obtain valid retzuos. The shel rosh should be visible but it is disrespectful for a student to allow his shel rosh to be visible to his rebbi. There is no preference whether the shel yad is visible or covered. It appears to me that nowadays since we wear tefillin only during davening a student may uncover his shel rosh before his rebbi and that is the custom.
Siman 28
...A person should regularly touch his tefillin so that he should not become distracted from them. When doing so he should touch his shel yad first. When reading the words ” וקשרתם לאות על ידך ” he should touch his shel yad and when he reads לטטפת בין עיניך ” ” he should touch his shel rosh.
...One should remove his shel rosh first since the words והיו לטטפת בין עיניך ” ” indicate that when wearing the shel rosh one should have them both (the shel yad and the shel rosh) on his body. The shel rosh should be removed while standing. One should place the shel yad in the tefillin bag on the shel rosh so that when he reaches in the bag he will touch the shel yad first.
...The custom of scholars is to kiss their tefillin when putting them on and taking them off.
Siman 29
One should not make a blessing at all when he removes the tefillin even when he removes them on the eve of the Sabbath at [the time of] "between the suns" (dusk).
Siman 30
The time to put them [Tefillin] in the morning is at the time when one can see his close friend from four cubits away and recognize him.
One is prohibited to put Tefillin on at night since he may forget [that he has them on] and sleep in them. If he puts them on before the sun sets and it happens to get dark, even if he wears them the whole night, it is permitted. [However] we do not teach [people] to do this. If he did not remove the Tefillin once the sun set since he had no place to guard them and therefore, left them on to protect them... This is allowed and is such taught.
If one wanted to go out on his way early [in the morning, before the actual time that is permitted to put them on], he puts them on, and when their time comes ,he should feel them and make the bracha on them. There is no need to be concerned that he may sleep in them since he is getting up to go on his way.
... If one was travelling with his tefillin on and the sun set or if he was in the Bais Midrash and Shabbos arrived he should cover his tefillin with his hand until he reaches his house and if there is a house close to the entrance of the city that is safe he should leave his tefillin there.
... There is an opinion that maintains that if one davened maariv while yet day and has not yet put on tefillin he may no longer put them on that day.
Siman 31
...It is prohibited to wear tefillin on Shabbos or Yom Tov since they are an אות (a sign) and if one were to also wear an extra sign it would be a disgrace to their sign.
...On Chol HaMoed it is prohibited to wear tefillin for the same reason, namely that Chol HaMoed is also an אות (sign). Rema: There are those who maintain that one is obligated to wear tefillin on Chol HaMoed [Beit Yosef quoting the Rosh] and the custom in all these regions is to put on tefillin with a beracha. The only difference is that the beracha is not recited out loud in shul as is normally done.
Siman 32
The commandment of "Tefillin" is to write four passages i.e. "Kadesh" until "l'moadah [m'yamim yamimah]"(Exodus 13:1-10); "v'haya ki yevi'acha" until "ki b'chozek yad hotziyanu Hashem mimitzrayim" (ibid 11-16); "Sh'ma" until "uvish'arekha" (Deuteronomy 6:4-9) and "v'haya im shamo'ah" until "al ha'aretz" (ibid 11:13-21) Rema: They must be written in this order, that is the order they appear in the Torah and if [the scribe] deviates from this order [the tefillin] are invalid. Ideally the arm-tefillin should be written before the head-tefillin.
The head [tefillin] should be written each [parasha] on its own parchment and the arm [tefillin] should be written all [four] of them on a single piece of parchment.
They should be written in black ink, whether or not the ink contains gallnut juice (tannic acid). Rema: It is preferable to be careful to write only with ink made of smoked wood or oil (ie. the collected vapors which were then dried and pulverized) soaked in gallnut juice [Maharil - Siman 119] and as is explained in Yoreh Deah - Siman 271.) If he wrote even one letter in a different color or in gold, the tefillin are invalid. If he gilded the letters, he can remove the gold and leave the bottom letters and the tefillin will be valid. But if he gilded [even] one letter of the Divine Names, there is no solution because removing the gold would constitute erasing a Divine Name [which is forbidden].
No letter may touch another; rather each letter must be completely surrounded by parchment. Rema: And he must write [in a] perfect script which does not miss even the serif on one yud, and has the ornamentation required by halacha [Tur - Orach Chaim]. It is preferable to write a little boldly so [the writing] will not fade quickly. Similarly it is meritorious to make them as nice as possible both inside and out [Divrei Mordechai].
[The tefillin] must be written with his right hand, even if he is ambidextrous. And if it was written with a left hand, the tefillin are invalid [in a case where] he is able to find another pair that were written with a right hand. [However] a left-handed person's left hand is considered his right [and the laws are reversed].
One must only score the top line. And if he cannot write straight without it then he may score all the lines. The scoring should not be done with lead since the place of the score stays colored. Rema: Some say one must always score the top line and the bottom line and the sides (ie. mark the margins) even if he can write without it, and such is the custom [Baruch She'amar, Mordechi, Sefer Trumah, and Sma"g].
It is a Received Tradition going back to Moses that tefillin [are written] on the klaf layer, and not on dukhsustos or gevil. We write on the klaf layer, on the flesh side... and any variation is invalid. What is klaf and what is dukhsustos? The raw skin, when it is processed, is split [thickness-wise] in two... the outer layer towards the fur is called klaf and the inner one attached to the meat is called dukhsustos. Thus when we say "we write on the klaf, on the flesh side" we mean the side closer to the flesh i.e. where it connects to the dukhsustos. And our parchment which is not split, is halachically klaf and we write on it on the flesh side since what is scraped away from the hair side is just enough to prepare it, to smooth it out. And even if we were to split the hide to two, it would need to be scraped off. And from the flesh side, we scrape a lot until the only thing left is the klaf alone.
The parchment must be processed with gallnut juice or lime and must be processed for the appropriate purpose. It is proper to declare verbally at the beginning of the process that he is preparing it "for tefilin" or "for sefer torah" but if parchment [used for tefilin] was prepared for mezuzah, it is invalid.
If a non-Jew processed the parchment, RaMBa"M disqualifies it even if a Jew told him to process it for the sake [of the mitzvah of tefillin]. But RO"Sh holds it is valid, as long as a Jew supervises and helps. Rema: In a small part of the process. [Beit Yosef in the name if the Ro"sh, and such is the custom. And see [what was written] previously in Siman 11 Se'if 2]
When hides are marked by puncturing with an awl in shapes like letters (ie. If a non-Jew was given a hide to process and the Jew wants to prevent the non-Jew from exchanging the hide for a different one), even though it would be easy for the non-Jew to forge it, we are not concerned since the non-Jew would be afraid that the Jew [who made the marks] would identify them.
[The question of whether or not] hides processed with incorrect intent can be reprocessed with the proper intentions is addressed in the Tur, Y"D 271.
The parchment must be [made] from the skin of a domesticated animal, wild animal, or bird which are kosher... even from a נבלה (ie. a kosher animal which died on it's own, without proper halachic slaughtering) or a טריפה (ie. a kosher animal which had some mortal injury or condition). But it may not be made from the skin of a domesticated animal, wild animal, or bird which are not kosher as it is written: "That the Torah of God be in your mouth" i.e. that the Torah itself must be made from halachically edible species. Parchment [for tefilin] may not be made from the skin of fish -- even kosher ones -- because of its excessive stench.
The parchment should be whole, without any holes that ink cannot fill, i.e. that [the ink should not fall through the gap and] make the letter appear split.
Meticulous scribes make three grades of parchment: the thickest one to write the Parsha of שמע which is the shortest [length], a slightly thinner one for והיה אם שמוע which a longer [than Shema], and for the chapters of קדש and והיה כי יביאך which are longer we make them on a very thin parchment, and through this fill the compartments evenly which makes the tefillin look nice.
If after it was written, there developed a hole in the middle of the [letter] "ה" or "ם", it is valid. Even if the hole is in the entire inside such that the hold fills all the empty space [it is valid]. But the in the [Talmud] Yerushalmi it's implied that also [if there is a hole] on the inside it needs to be surrounded by parchment [in order for it to be valid]. If there developed a hole on the inner leg of a "ה", even if there's only left [of the leg] a little bit, it's valid according to the Rosh. Rema: But other opinions require [to be remaining] about the size of a small letter, and this is the law (Beis Yosef) . If there developed a hole on the right leg [of the letter "ה"], if there remained from it about the size of a small letter it is valid, and if not it is invalid.
If one of the letters got cut off Rema: the [letters that extend] such as "ו" or "ז" or the leg was cut off [of the "א"] (of the "ן"), or similar to it (Mordechai ה''ק ד' צ''ב)... if a child that is neither a genius nor a simpleton knows how to read it, it is valid... and if not, it is invalid. And there is no need to cover other [adjacent] letters (ie. so that the child should be able to read the letter without knowing it from the context of the rest of the word) like the prevailing custom. Rema: However, if we see that there doesn't remain the proper shape of the letter, it is invalid, even if a child can read it properly (Mordechai and Maharik root 69, and the Rivash). That which we said was valid when a letter gets cut off, that's precisely if it was written [originally] in a valid way and afterward it became cut off. But if from the beginning when it was written there was a hole and it was cut off, or if the leg of an extended "ךּ" or similar [letter] reaches to the end of the parchment without [the letter] being surrounded by parchment from the beginning, it is invalid.
If a drop of ink falls into a letter, making the letter unrecognizable, it cannot be fixed by removing the [extra] ink in order to make the letter visible, because this would be "internal engraving" and invalid, because the rule is to write and not to engrave. And this is also the rule if he erred and wrote a letter Dalet instead of a Reish, or a Bet instead of a Kaf; they cannot be fixed by removing the protrusion [of the letter] (ie. the top right corner of the Dalet or the bottom right corner of the Bet), because this is like "internal engraving"
An open "מ" that its opening connected and became closed, it is not effective to scrape the connection to open it up because that would be like "internal engraving". And how do you fix it? You one should scrape the entire "nose" [of the "מ"] and leave over what looks like a bent nun (ie. this form of the letter nun: "נ"), and after he should write what was scraped away. And a "ר" that was written like a "ד", one should be strict and say that it's not enough to scrape the "thigh" [of the "ד"] alone or the "roof" of the "ד" alone and rewrite it like a letter "ר", because then either the "roof" or the "thigh" would have been made in an invalid state, therefore, one needs to scrape off both of them. If two letters became connected whether it was before or after they were completed, it is invalid. And if it was scraped and it disconnected, it is valid. And it is not called "internal engraving" since the letter itself was already written in the proper way. If the "feet" of a "ה" or a "ק" touched the "roof" [of their own letters] he should scrape away the "foot" and go rewrite it and there is no need to scrape away the entire letter because the "roof" was written correctly. If the "foot" of an "א" touched the "roof" of the "א" or the "face" of the "א" on the inside touched the "roof" below it, it is invalid, and there is no way to fix it by scraping to disconnect it because that's like "internal engraving", rather he should scrape everything that was written in an invalid state and rewrite it. Rema: and so too is the law with the "yud's" of the "ש", and the "צ" and the "ע" and the "פ" if they touch the "body" of the letter more than just from the places where they're attached (Beis Yosef)
At the beginning of writing he should say out loud "I am writing for the sake of the sanctity of tefillin." And besides from this, every time that he writes a mentioning [of G-d's name] he needs to say that he is writing it for the sake of the sanctity of the name [of G-d]. Rema: And there are those that say that it's enough to have in mind that the writing of the mentionings [of G-d's name] was for their sake since he can rely on what he said out loud at the beginning of writing, here it's enough (the Rosh H"T and S"T, and the Tur Yoreh Deah and A"C) and there is what to rely on to be lenient in this as a non-optimal practice. And if one comes to start dozing off he should not write since then his writing is not with the proper intentions (Or Zaruah).
One needs to be exact with missing and added [letters], because if there is missing or added a single letter, it's invalid and it will be that those who put on those [tefillin] are blessing every day a wasted blessing. And also, he's in a state every day of being without the commandment of tefillin... and it will be that there is a great punishment for that scribe. Therefore, he needs to have a great fear of heaven and tremble at the word of G-d, one who deals with the writing of tefillin and their mending.
Each chapter, after he writes it, he should read it well, with focus and meticulously, two or three times. And he should repeat and read it before he places it in its casing, in order so that one chapter shouldn't be switched with another.
It's good to test the quill before he starts to write the chapter so that there won't be too much ink than necessary and it will become ruined. And so too he should be careful before he writes every name [of G-d] to read everything that he wrote in order so that it shouldn't come [to become invalid and need] to be placed in a depository on his account.
If it's found to be missing one letter, there is no way to fix it, because if so (that it's fixed) it will be that it was written out of order and it is invalid since it's written [in the Torah] "And it should be" - in the way they are, that's how they should be. And if there is one additional letter, there is a way to fix it by scraping it away if it's at the end or the beginning of a word. But if it's in the middle of a word one can't do this because when he scrapes it away it will appear to be like two words.
It is permitted to write on the place where [letters were] scraped away and on the place where it was erased, even the mentioning [of G-d's name]. And he should not erase while [the ink] is still moist, rather he should let it dry well because then he can scrape it off easily and there won't remain any impression at all.
Any letter that's written in an improper way and it doesn't have its normal form, for example, the "foot" of an "א" touched the "roof" of the "א", or the inner "face" of the "א" [touched] the bottom "roof", or the "foot" of a "ה" or the "foot" of a "ק" touched, or if one letter was split into two letters, for example a "צ" that was written as "נ" "י", or a "ש" that was written as "ע" י", or a "ח" [that was written] as two "ז"s, and after he proceeded writing, he went back and fixed them, it is as if it was written out of order and it is invalid. But, to separate attached letters — after he proceeded writing — is acceptable, because since the letter had its normal form, when it's separated from its friend it's not as if it was written [right then]. And so too is the law that if the small "י" that's on an "א" and a "ש" and a "ע", and the "foot" of a "ת" was not touching the body of the letter, and a child who's neither a genius nor a simpleton recognizes [the letter], that even though he proceeded writing, he is able to go back and fix it because since the normal form of the letter was recognizable it's not considered written out of order. And there are those who say that so too is the law if the "branch" on the top of a "ח" it not touching this to that, but the separation is not clearly recognizable, that even though a child reads it as two "ז" it's permitted to attach them.
If the letters of the name [of G-d] are attached, one is able to separate them.
If the letters of the words were erased slightly, if their impression is still recognizable a little bit such that a child who's neither a genius nor a simpleton is able to read it, it's permitted to pass over it with a quill to improve the writing and renew it, and this is not considered [written] out of order.
There is what to be careful about that the head of a "ל" should not enter the space of a "ה" or a "ח", even without touching it.
If the chapters [of the tefillin are not common in his mouth (the scribe), he needs to write it from [another] written [source].
One is not permitted to write [tefillin] unless he knows how to read.
If he is not writing [the tefillin from [another] written [source], he should not write it based on someone else dictating it to him, unless he repeats it and reads it out loud.
One needs to leave a space above [the size of] like the "roof" of a "ל". Rema: So that it will be that also they (the "ל"s) would be surrounded by parchment and below [the letters] like the measurement of an extended "ךּ" and "ן". And at the beginning and end there is no need to leave any [space] at all. Rema: However, the scribes have the custom to leave a little [space] at the beginning and at the end, and one needs to leave [space] between each word the size of a word, and between each row the size of a row, and between each letter the size of a strand of hair, like is found in a Torah scroll and like we will explain in the Tur Yoreh Deah, one also needs to leave a little space between every verse.
He makes the lines equal (justified) so that there shouldn't be one entering [further into the lines] and one go out [further from the lines]. And at least he should be careful to not write three letters outside the row and if he does write them it is not invalid.
Two letters that make up one word should not be written outside of the line.
The letters of the name [of G-d] need to all be inside the page, and they should not go outside the page at all.
He should make all the chapters be open [at the beginning of the line] except for the last chapter that's written in the Torah which is And it will be if you listen, which is made closed [starting in the middle of the line], and if this is changed it's invalid. Rema: and there are those that validated it if all of them are open, and in our cities the custom is that even the chapter of And it will be if you listen is [written] at the beginning of the line like the other chapters. And therefore the custom is that the chapter of Sanctify to me, And it will be when he will bring you, and the chapter of Listen (the first one) [starts] at the beginning of the line, and at the end of Sanctify to me and at the end of And it will be when he will bring you we leave a space the enough to write nine letters, and at the end of [the chapter of] Listen we don't leave any space at all, and if we do leave it should be less than enough [space] to write nine letters. And the chapter of And it will be if you listen we start it in the middle of the above line, and one leaves before it space enough to write nine letters, and you will have discovered that three chapters are open according to [the definitions of open] whether it's like the Rambam or like the Rosh, and the last chapter is closed according to the Rambam.
The leather of the casings needs to be from the leather of a kosher domesticated animal, a wild animal or a bird, even from their carcasses or those unfit for eating. And it's permitted to make them from the skin or the leather of a fetus. Rema: and so too the straps are able to be made from the skin and leather of a fetus (Mordechai, page 94). And it needs to be processed for the sake [of tefillin] whenever possible.
He makes four compartments from a single [piece] of leather for the [tefillin] of the head, and one compartment for the [tefillin] of the hand.
Tefillin, whether the ones that go on the head or on the hand, it's a law passed down from Moshe from Sinai that they are square in their stitching and their diagonal, which is that they should be perfectly square in their length and width in order so that they should have the diagonal about which the sages said "for every cubit in a square, there is one and two fifths [cubits] in the diagonal. And one needs to make sure to square off the base and also the compartments. Rema: But regarding the height of the compartments we do not insist if it's greater than the width and length. If they were made square and after some time their squareness became ruined, there are those who say that one needs to make them square [again]. Rema: And he makes all the four compartments equal [height] so that one is not taller than its neighbor.
It's a commandment to make the leather of the compartments black Rema: and see above chapter 33. The notch that's between each compartment needs to reach [down] until the stitching, and if it doesn't reach it is valid, and that's if the notch is recognizable so that there are four "heads" visible to all.
The length and the width of the compartments and their height has no measurement.
The "ש" of the tefillin, it is a law passed down to Moshe from Sinai that he should make in the leather of the compartments [of the tefillin] of the head like the letter "ש" extruding from the creases of the leather, one on its right [side] and one on its left. On the right side of the wearer (ie. the right side of the tefillin box from the perspective of the one wearing it), one places [a "ש"] of three "heads", and on the left side of the wearer, one places [a "ש"] of four "heads". Rema: However, if they were switched it does not invalidate. (Mordechi and SMa"G and Tosefot - Perek Hakometz)
The notch of the "ש" which is the sharp point on the bottom, it should reach to the place of the stitching. Rema: And so too, the "י" of the "ש" needs to reach below to the edge of the "ש" [SMa"G]. And he should not extend the "ש" too much, rather, also the edge of the "ש" should be visible over the stitching [Baruch She'amar].
The titora of the tefillin is a law passed down to Moshe from Sinai, and they are that you place leather below the opening of the compartments to cover them, and it looks like the base of a bridge, this is called the titora. The ma'abarta of the tefillin is a law passed down to Moshe from Sinai, and in the measurement of the titora it should be longer on one side, and he makes in it the ma'abarta. How so? He cuts out [a piece] from both sides so that the width [of the ma'abarta] is not like the width of the titora in order that the squareness of the titora is recognizable, and we pass the strap through the ma'abarta, and for that sake it's called ma'abarta. Also the tefillin of the hand he makes a titora and a ma'abarta. He rolls all the chapters from its end to its beginning, and wraps it in a small parchment, and there are those that are insistent to only wrap with valid parchment, and it's a law passed down to Moshe from Sinai that he should wrap it with the hair of a domesticated or wild kosher animal. Rema: And we are accustomed to wrap hair on the chapter and afterward wrap it in valid parchment and repeat and wrap it in hair. And we have the custom that this hair should be of a calf, and if one can't find [hair] of a calf one wraps it in [hair] of a cow or of an ox. And one washes the hair very well first until it's clean. A little bit of this hair needs to be visible from the outside of the compartments.
He should put each chapter into its compartment that they should be standing up straight in its compartment.
The top of the paper should go in first because that is the top line, and the bottom of the paper should be to the side of the opening of the compartments. Rema: And the beginning of the chapter should be placed to the right side of one who would read it because if one comes to open it and read from it it should be [already] placed before him in the proper way.
If one wrote all the four chapters on one parchment it is valid, even if there's no space between them, and this only if there is a thread or a string between each compartment. [The tefillin] of the hand is written with all four chapters on one parchment and one rolls it from its end to its beginning, and one wraps parchment and the hair of a calf around it, and they are inserted into their compartment just like [the tefillin] of the head. If they are written on four parchments and are placed into four compartments [one who wears them has] fulfilled the requirement, and that's if he takes (meaning he covers) it with leather on the four compartments so that they will appear like one compartment. Rema: And the custom is to attach them with glue so that they will all [look] like one parchment, and he should be careful to take kosher glue.
If one covered the compartments with gold or with the leather of a non-kosher animal, it is invalid.
It is a law passed down from Moshe from Sinai that the tefillin should be sewed with the sinews of a kosher domesticated or wild animal. And it's better to sew with the sinews of an ox.
One should not buy sinews from a non-Jew because we are worried that maybe they are from a non-kosher animal. In a place where sinews can't be found, we sew with parchment-strings that are made from parchment until they will happen upon sinews.
He should sew three stitches on each side, and the sewing thread should go around [each sewing hole] from both sides, and he should pass the sewing thread between each compartment. Rema: However, if one only made ten stitches or less than that it's not invalid. And there are those that say that these twelve stitches should be with a single string.
He inserts the strap into the ma'abarta, and he makes a knot [in the strap] like the shape of a "ד" on the [tefillin] of the head, and like the shape of a "י" on the [tefillin] of the hand, to complete the letters of the almighty [G-d] (the word "ש"-"ד"-"י") with the "ש" of the [tefillin] of the head. Rema: And we have the custom to pass leather over the compartment of the [tefillin] of the hand toward the width of the arm, and it will be that [this will make] its width like the width of the compartment. And he does not make the knots until after the "ש" of the [tefillin] of the head is made, and afterward he makes the "ד" and afterward the "י", like the order of the words in the name [of G-d].
Siman 33
In the case that the leather of two compartments, one next to the other, of the head Tefillin are damaged, if the Tefillin are old they are invalid. [However] if they are new, they are valid as long as the leather as the base of the compartments exists (Rema: the compartments also need to exist unless they are slightly ripped (Beit Yosef) and there are those who say the opposite, that old [Tefillin] would be valid and new [Tefillin] would be invalid [Rashi and ROSH]. And it appears to me, there is to be stringent so that to consider both of them invalid). And these are [what are considered] new: Any time that if you were to pull them by the straps of the head, the compartments would spread out and open; they are new. And if they do not open, they are called old. And if two [compartments of the head] that are not directly next to the other became damaged, [such as] the first and third [compartments], they are valid even if they are old. And if three compartments became damaged, in all cases the [Tefillin] are invalid.
If the stitching of the Tefillin was severed... [according] to the Rambam, if the two stitchings were one opposite the other, or if three stitching were severed... even if one was not opposite the other, they are invalid. In what [case] are we referring to? Old ones. But new ones, as long as the leather at the base of the compartments is intact, they are valid. And these are [what are considered] new: Any that [if you were] to hold part of the leather whose stitching was severed and suspend the Tefillin (by the part you are holding) and it is strong [to hold it] and it does not sever. And if it is not fitting to be suspended, rather it severs... then these [are considered] old one. Rema: And some say that by new ones, they are invalid and by old ones, they are valid [Rashi, and the Tur, and the Rosh]. And it is better to be concerned for the two opinions as were mentioned above.
The leather [that's used] for the straps must be from skin of a kosher domesticated animal, wild animal, or bird. And they must be processed for the sake of the mitzvah. Straps, whether they come from the skin or from parchment, are valid. It is a law passed to Moshe on Sinai that the straps must be black on the outside, but on the inside they may be any color that one wishes except for red. For [people] might [see it and] say that from the blood of the scabs [of the wearer] they were dyed.
It is better that they should be dyed black by a Jew for the sake of the mitzvah, and not by a non-Jew. Rema: However, after the fact, they are valid if the leather of the casings were dyed black [by a non-Jew]. But [regarding the] straps, even after the fact they are invalid....
If the strap was severed, there are those who permit stitching it from the inner side [of the strap]. And there are those who say that the part [of the strap] that surrounds the head, and [regarding] the hand [tefillin]: [the length of strap that's] enough to encircle the [upper] arm to bind the tefillin to the [upper] arm and enough to extend until the middle finger and wrap around that finger 3 times and then tie it... [if it was severed in those parts of the straps] there is no way to repair them... not by tying and not by stitching. [But] all the additional length [of the straps] which are for encircling the arm several times, and for the head, the part that hangs down... stitching and tying do not invalidate them. And in a pressing case (ie. one cannot get another pair of tefillin, etc.), one may rely on those who permit it in order that they should not lose out on the mitzvah of tefillin.
Siman 34
The order of the placement [of the head tefillin scrolls] in their compartments [is as follows]: per Rashi and Rambam, [the] "Kadesh" [scroll] goes in the compartment furthest to the left of the one wearing the tefillin, in the compartment on the left edge of the tefillin. After it is [the scroll] "Ki Yeviacha" in the second compartment [counting from the left of the wearer], and [the scroll] of "Shema" in the third compartment, and [the scroll of] "Vehayah Im Shamoa" in the fourth compartment, which is the external compartment on the wearer's right. According toe Rabbenu Tam, in the third compartment one places "Vehayah Im Shamoa" and in the fourth compartment - that is the external one - Shema. And the popularly accepted custom is to follow Rashi and Rambam's view.
One who fears Heaven will seek to fulfill the commandment according to both views, by making two pairs of tefillin and wearing both. He shall have the intent upon putting them on that, "With the pair that correctly express the true halacha I am fulfilling my obligation, and the remainder are just ordinary straps." [And this is possible to do] as there is space on the head to wear two pairs of tefillin and likewise on the arm. If he does not know the precise place such that he could wear them both simultaneously, then he shall wear according to one view [the tefillin] of arm and head (outtake: and remove them immediately) and then place the other set [upon himself] in reliance on his initial blessing. If (outtake: and there are those who say) he cannot wear them both simultaneously, he should wear those [made according to] Rashi's view and bless upon them and they should be upon him at the time of reading Shema and the Tefilah [aka Shemoneh Esreh]. Then after the Tefilah he shall place tefillin of Rabbenu Tam without a blessing and read, while wearing them, [the paragraphs of] Shema and Vehayah Im Shamoa.
One shouldn't follow the above practice [of wearing two sets of tefillin, i.e. also wearing those of Rabbenu Tam] unless he is habituated in [muchzak translated per the basis of chazakah] and well-known for [his] piety.
One shouldn't place two pairs of tefillin in a single pouch, since one of the pairs is profane (relative to the other) and it is prohibited to place it in the same pouch as the [pair that truly are] tefillin. Rather he should make two pouches and a sign on each so that he shouldn't place one set in the other set's pouch.
Siman 35
The practice in the count of the lines [marked on the parchment to guide the scribe] is to write on the hand tefillin parchment seven lines for each parasha. For the head tefillin [the practice] is to mark four lines. If one diverged from this practice he did not invalidate the tefillin.
Siman 36
One must be precise in the writing of the letters such that no letter's shape should change and no letter should resemble another. Rema: "And in the first place, [the scribe] should write in [a style known as] "ketivah tamah" as elaborated in the Tur and other halachic authorities and it [this style] is known amongst the scribes. In any case, if he changed the style of lettering he did not invalidate the tefillin."
Every letter needs to be a unified entity; therefore one must be cautious with the dot that is upon the Alef, which is shaped as a Yud, and the dot underneath the Alef, and with the Yuds of the Shin and Ayin and back of the Tzadi that they [the dots shaped as Yuds] should touch [the rest of] the letter. In a case where the Yud doesn't touch [the rest of the letter] the tefillin are void. And likewise for the other letters [- they must be unified without disconnected parts], other than Hea and Kof where the leg [of the letter] shouldn't touch the roof. If it did touch, that is void.
One must add the appropriate tags [lines ending with round dots] upon the letters that make the acronym SHATNEZ GETZ [Shin, Ayin, Tet, Nun, Zayin, Gimmel, Tzadi]. And the scribes customarily tagged other letters [as well]. If the scribe did not tag even SHATNEZ GETZ, he did not void the tefillin.
Siman 37
Great is the reward for the mitzvah of tefillin, and anyone who does not wear them is included in the group of "sinners of Israel" [sinning in their] bodies.
It is a Mitzvah to have them [tefillin] on all day, but because they [tefillin] need a clean body [meaning that] he does not pass gas, and [further require] that one not distract his mind from them, and not every person is able to be careful with them, the practice is not to wear them all day. Nevertheless every man needs to be careful with them that they should be on him during the reciting of Shema and Tefilah [aka Shemoneh Esreh].
A minor who knows to guard tefillin in purity, such that he will not sleep or flatulate while wearing them -Rema: "and not to enter the bathroom with them" [based on Rashi in the chapter of "The Stolen Lulav"] - his father is obligated to acquire tefillin for him in order to train him [in the commandment]. Rema: "And some say that this 'minor' is only if he is 13 years and one day (Ba’al HaIitur). And so is the custom and one should not change from it.
Siman 38
One who is ill in his intestines is dispensed from the [commandment to wear] tefillin. Rema: "Even if he is not in pain. However [regarding] all other sick people, if he is in pain due to his illness and his mind is not at ease, he is also dispensed [from the commandment]. Otherwise he is obligated."
One to whom it is clear that he cannot pray without flatulating, it is better that the time for Tefilah (the Shemoneh Esreh) should pass rather than that he should pray without a clean body. (And see further section 80.) And if it appears to him that he will be able to control himself to have a clean body [i.e. not flatulate] at the time of reading the Shema, he should put on tefillin between [the blessing just prior to Shema, ending in] Beahava and Shema, and bless [upon the tefillin].
Women and slaves are exempt from Tefillin because it is a positive commandment which is caused by time. Rem"a: And if the women want to be stringent for themselves, we protest against it (Kol Bo).
One who wears tefillin must be cautious to avoid thoughts about desire for a woman. Rema: "And if it's impossible for him not to think [about this desire] it is better not to put on tefillin."
A mourner in the first day [of the seven days of mourning] is prohibited from wearing tefillin. From here [the second day] onwards he is obligated, even if "new faces" came (ie. people that came to comfort him who hadn't been there before).
On the ninth of Av we are obligated in tefillin. (See further section 555.)
A groom and his guests (meaning his friends and those rejoicing with him) and all the participants in the Chupah are dispensed [from tefillin] given that we commonly find [in such situations] drunkenness and levity.
Scribes writing tefillin and mezuzot, them, their distributors and their distributors' distributors, and all those involved in the work of Heaven, are dispensed from wearing tefillin all day long, except [that they must wear them] at the time of reading Shema and [of] the Tefilah (Shemoneh Esreh). Rema: "And if they had to do their work at the time of reading Shema and of the Tefilah, they are dispensed of Shema and Tefilah and tefillin, for everyone who is involved in a mitzvah is dispensed from engaging in another mitzvah if one has to make an effort for the other mitzvah. However if he can do both mitzvot without exerting himself, he should do both. (Quoted from Hagahot Ashrey in the name of Or Zarua and RaN on the Talmudic Chapter "The Sleeper.")
On who is distressed, and one who's mind is not settled and ready is exempt [from תפילין] since it is forbidden to take one's mind off of them.
One who reads from the Torah (ie. he is in the middle of learning Torah) is exempt from wearing תפילין the entire day, except for when he is saying Shema and Tefillah (ie. Shmonah Esrei).
One should not remove his תפילין in front of his rabbi, rather he should face a different direction because [he should display] fear/reverence [before him]... and [then] remove them [while] not facing him.
If one needed תפילין and a מזוזה, and he could not afford to buy both, the תפילין takes precedence.
A person who was excommunicated and a leper are forbidden to wear תפילין.
Siman 39
תפילין that were written by a slave, or a woman, or a minor - even if he reached [the age of] training [in mitzvot], (or a non-Jew), or a Samaritan, or a transgressor/apostate who served idols, or an informer are invalid because [of what] is written "And you shall bind them as a sign on your hand… and you shall write them on the doorposts of your house" (Deuteronomy 6:8–9): [which is expounded to mean] - All that are not [commanded] in binding or do not believe in it, are not [suitable] for writing.
All that are invalid to write them, are invalid in all [aspects of] making/fixing them.
A [Jewish] convert that returned to his [previous] religion because of fear is valid to write תפילין.
תפילין that were written by a heretic should be burned, and some say they should be interred.
[תפילין] found in the possession of a heretic and it's not known who wrote them should be interred....
[תפילין] found in the possession of a gentile and it's not known who wrote them are valid.
We do not purchase מזוזות, תפילין, or [Torah] scrolls from a gentile for much more than their actual monetary value in order to not habituate them from stealing and robbing [sacred Jewish ritual objects in order to sell them for large sums of money].
One should only purchase [תפילין] from an expert who is skilled at [fixing] missing letters and extra letters.
If one purchased [תפילין] from someone that is not an expert, they need to check them. If he purchased from him a hundred parchment slips, he [should] check three slips: two from the head [תפילין] and one from the hand [תפילין], or two from the hand [תפילין] and one from the head [תפילין]. If he found them to be valid, then this man (ie. the one he purchased from) is presumed [to be trustworthy] and all [hundred] of them are valid... and the rest don't need to be checked. And if he purchased them in bundles, they are presumed to have been purchased [by the seller] from several different people. Therefore, he must check from each bundle: two from the head [תפילין] and one from the hand [תפילין], or two from the hand [תפילין] and one from the head [תפילין]. One who sells תפילין and says that they belonged to a great man is believed and they don't need to be checked.
תפילין which have a presumption of being valid don't need to be checked ever. And if he only wears them occasionally, then they need to be checked twice in seven years. Rem"a: And if he doesn't have someone that's able to check them for him and then to stitch them up again after should just wear them as they are without checking (Beit Yosef in the name of Orchot Chaim).
Siman 40
Laws regarding how to conduct oneself with the holiness of the תפילין. And there are 8 Se'ifim: It is forbidden to hang תפילין, whether by the boxes or by the straps. But it is permitted to hang them [while they are] in their pouch.
[Regarding] a house (ie. a room) which has תפילין in it... it is forbidden to engage in marital intercourse there until you remove them [from the room] or place them in a receptacle within another receptacle. And this [applies] where the second [receptacle] is not designated for them (ie. as a receptacle to store the תפילין)... for if it would be designated [for them], then even a hundred [receptacles] are considered like one (and it would still require another outer receptacle that's not designated for them). Rem"a: And if both of them are not designated for them, or the inner one is not designated for them and the outer one is designated for them, it is permitted. And see further in Siman 140, Se'if 6. (Beit Yosef)
Even when placing them in a receptacle within a receptacle, it is forbidden to place them by one's feet. And similarly, it's forbidden to place them under one's head [when they are] directly opposite his head... even [when they are] in a receptacle within a receptacle... and even if his wife is not with him. But [to place them under his head when they are] not directly opposite his head... if his wife is not with him, it's permitted... and if his wife is with him, it requires a receptacle within a receptacle.
If his wife is with him in bed and he does not want to have relations with her... that's called (ie. considered like) his wife is not with him.
To place them (ie. the תפילין) on the bed by his side...the rule is like that of placing them by one's feet (ie. it is forbidden).
If one forgot and had marital intercourse while wearing their תפילין, he should not touch the boxes or the straps until he washes his hands since the hands are [always] involved [in touching things] and perhaps they touched unclean places [on the body].
If one slept with them (ie. his תפילין) and had a seminal emission... he should not touch the boxes, but rather hold them by the straps and remove them until he cleans the seminal emission from himself and washes his hands. (Beit Yosef)
One who eats a full meal, takes off his תפילין and leaves them on the table until Birkas Hamazon, and then puts them on again. But for a non meal eating (ie. a snack) he need not take off the תפילין.
Siman 41
Laws regarding one who is carrying a load and how he should conduct himself with his תפילין. And there is 1 Se'if: One who is carrying a load on his head should remove his head תפילין until he removes the load. And even a cloth is forbidden to place over one's head when he has his תפילין on. But something which is usually placed on the head, like a hat or a turban is permitted. Rem"a - Nevertheless, if the load is [as] heavy [as] four kav's and the תפילין are pushed [because of it], you are required to remove them (Beit Yosef).
Siman 42
Laws regarding whether it is permitted to change hand תפילין into head תפילין. And there are 3 Se'ifim: It is forbidden to change head תפילין and make them into hand תפילין. And even to take a strap from them and place them on the hand תפילין is forbidden, since we don't lower [an item] from a stricter (ie. higher) sanctity to a [more] lenient sanctity... and the head תפילין has a stricter sanctity since the majority of the [Holy Name] שד-י is on the head תפילין (ie. the ש on the box and the ד on the back of the head straps). But [to change] from hand תפילין to head תפילין is permitted. And if they were brand new and were never worn, it is permitted to change them... even from head תפילין to hand תפילין... for he affixes on them (ie. on the head תפילין box which has four visible compartments) a single leather covering and then they appear as one compartment.
If he made a stipulation on them (ie. on the head תפילין) originally [when he made them], [then] even if someone wore them he may change them... even going from head תפילין to hand תפילין.
A kerchief that one designated to wrap his תפילין in always (ie. as it's permanent pouch), and he [actually] wrapped his תפילין in them one time... it is forbidden to wrap money in them. Rem"a: And if he stipulated on them (ie. on the kerchief, that he wants to be able to use it for non-sacred items) originally [when he took the kerchief], then it is permitted for all use. (Beit Yosef in the name of R. Yerucham and Mahar"i). [Regarding] parchment that was processed for the sake of [the mitzvah of] תפילין... it is forbidden to write mundane things on them because designation [done] in such a way [where it involves] the sacred item itself is [considered] significant (Ra"n at the end of the chapter "When the trial has ended" - ie. Tractate Sanhedrin chapter 6). If one designated [the kerchief] but did not [yet] wrap them (ie. the תפילין) [in it], or he wrapped them but did not designate it... it is permitted to wrap his money in it.
Siman 43
Laws regarding how to conduct oneself with תפילין upon entering the bathroom. And there are 9 Se'ifim: It is forbidden to enter a permanent bathroom to urinate with his head תפילין on out of concern that he may come to defecate. [But] if holds them in his hand, it is permitted to urinate with them in a permanent bathroom. Rem"a: And this is specifically if he is urinating while sitting, for then there is no concern for [urine] droplets [splashing on him]. But urinating while standing is obviously forbidden, for it is no better than a temporary bathroom. And the same law applies if he urinates while sitting or into soft dirt which [ produces] no [splashing] droplets... [and this is referring to when done] in a temporary bathroom which is also permitted. And there is no difference between a permanent and temporary [bathroom] regarding [all] this except that in a permanent bathroom one generally urinates while sitting, and in a temporary bathroom one urinates while standing since he doesn't intend to defecate (Beit Yosef in the name of Nimukei Yosef and Migdol Oz). And in a temporary bathroom it is permitted to urinate with them (ie. his head תפילין) on his head, but if he's holding them in his hand it is forbidden to urinate while standing... even if he's holding them [while wrapped] in his clothing since he'll need to use his hands to wipe the droplets that are on his legs. Rather, he should remove them (ie. his head תפילין) [while at] a distance of 4 cubits [from the bathroom] and give them to his friend [to hold for him]. And from the words of the Ramba"m it seems that it's forbidden to urinate when they are on his head... whether it's a permanent bathroom or a temporary bathroom... and one should be concerned for his words.
A permanent bathroom is one where there is excrement [there] and it is on the ground/field without being in a ditch.
A temporary bathroom is one where [one goes], for example, to urinate [which is something that] a person does not need a bathroom [with a seat] for. And [his urinating] this time is making this place into a bathroom for the first time.
If they (ie. his תפילין) are in [his clothing by] his chest and his belt is tied, or [they are wrapped] in a cloth in his hand... it is permitted, whether he is urinating or defecating.
If he wants to enter a permanent bathroom to defecate, he must remove his תפילין from a distance of 4 cubits: Rem"a: And there are those who say that this is even [when he enters] without [needing to] defecate (Beit Yosef in the name if Rav Hai), and it's better to be stringent. He should wrap [his תפילין] in their straps and hold them in his right hand [while they are wrapped] in his garment and opposite his heart. And he should be careful that no strap should not stick out from his hand, a tefach [length or more]. And when he exits [from the bathroom], [he must] go a distance of 4 cubits and then don them.
If one was wearing תפילין and he needed to use the bathroom [and it was] at night or close [enough] to night where there would not be enough time to don them again after he exits [from the bathroom], he should not enter with them wrapped in his garment, even to urinate in a permanent bathroom. Rather, what should he do? He should remove them and place them in their container as long as it has a tefach [of space inside it], or in a container that's not its [designated] container even if it doesn't have a tefach [of space inside it], and then hold the container in his hand and enter [the bathroom].
When does this apply? In a bathroom that's in the field. But in a bathroom that's in one's home, he should not bring them in at all since he is able to leave them in a safe place.
If one forgot [that he was wearing] תפילין on his head and he defecated, he should place his hand over them until he finishes his first discharge and then exit and remove them, and then return and re-enter [the bathroom].
It is permissible for a doctor to take a bedpan of urine in his hand while his head תפילין are on. But one who is careful will be stringent on himself [to not do so].
Siman 44
...1. One may not even nap while wearing his shel rosh and shel yad. If he covers them with a kerchief and he is not with his wife he is permitted to nap. This means he should rest his head between his knees and he may nap while sitting in that position. If one binds his tefillin to his hand he may even sleep but if they are not bound to his hands he may not even nap. Rama: This restriction applies when he is holding them outside of their case but if they are in their case it is permitted.
Siman 45
The laws of tefillin in a cemetery and in a bathhouse: containing two subsections. It is forbidden to enter a cemetery, or within four cubits of a corpse, with tefillin on one's head, because of mocking the poor (lo'eg larash). And if they [the tefillin] are covered, this is permitted.
In a bathhouse: in the outermost section, where everyone is clothed, it is permitted from the outset to put on tefillin. In the middle section, where some are clothed and some are naked, it is not permitted from the outset to put tefillin on, but if one was wearing them on one's head, one does not need to remove them. In the innermost section, where everyone is naked, even if one already had tefillin on one's head one needs to remove them.
Siman 46
When a person wakes from his sleep, he says "E-lohay neshamah." When he hears the voice of a cock, one blesses "He who gives understanding." When he gets dressed, he blesses "Who clothes the naked." When he passes his hand in front of his eyes, he blesses "Who gives sight to the blind." When he sits, "Who frees the bound." When he stands, "Who straightens the bowed." When he puts his feet on the ground, he blesses "Who stretches the earth over the water." When he puts on his shoes, "Who provides me with all of my needs." When he goes out, he blesses "Who prepares the steps of man." When he puts on a belt, "Who girds Israel with strength." Rem"a: Or if he wears a sash that is sufficient to separate his heart and groin areas (Beit Yosef in the name of the Ravad) When he puts a hat or turban on his head, he blesses "Who crowns Israel with glory." When he washes his hands, he blesses "regarding the washing of hands." When he washes his face, he blesses "who removes the sleep from my eyes etc." and "may it be Your will etc." until "blessed are You Hashem who bestows loving-kindness on His people Israel." One does not answer 'Amen' after "who removes sleep from my eyes" until he has finished with "bestows loving-kindness on His people Israel," because it is all one single blessing.
Nowadays - because the hands are not [ritually] clean and because the ignorant do not know them [referring to the blessings above] - we have become accustomed to arrange them [the blessings] at the synagogue; we answer 'amen' after them and with that fulfill the obligation.
One must bless each day at least one hundred blessings
One needs to bless every day "who did not make me a non-Jew", "who did not make me a slave", and "who did not make me a woman". Rem"a: And even a convert can bless so [his (ie. the Rem"a's) own words], but he should not say "who did not make me a non-Jew" for behold, he was a non-Jew previously [Abudarham]. And women bless "who made me according to His will" (instead of the last one mentioned above).
If one was premature and blessed "who straightens the bowed" prior to having blessed "who frees the bound", he may not bless it [i.e. the missed blessing in the set order].
There are those who have the practice to bless "who gives strength to the weary", but their words do not appear [to be correct]. Rem"a: but the common practice for Ashkenazim is to say it
There are those who have the practice to bless other blessings in addition to these, but error is in their hands.
[Regarding] all of these blessings, if one is not obligated in one of them - for example, if one did not hear the sound of the rooster, or one did not go out, or he did not get dressed, or did not put on a belt - one says that blessing without mentioning the Name. Rem"a: And there are those who say that even though one is not obligated in them, one blesses them [all], for the blessing is not just about oneself, but rather we bless that the Holy One Blessed be He created [for] the needs of the world. And so is the practice, and we do not change [it]. [Tur and Tosafot haRosh chapter "the one who sees" and Ran, first chapter of Pesachim and Kol Bo]
One does not recite [biblical] verses prior to the blessing of the Torah, even though one is saying it in the way of supplications. And there are those who say that there is no concern since one is not saying them other than in the way of supplications. And it is correct to be concerned according to the former opinion. Rem"a: but the practice is according to the latter opinion, for [we see] on the days of s'lichot (penitential liturgical poems), we pray the s'lichot, and afterwards we bless regarding the Torah along with the order of the rest of the blessings. And so every day when we enter the synagogue, we say a few verses and supplications, and afterwards bless regarding the Torah. And the practice is to order the blessing of the Torah immediately after the blessing of "who formed", and we do not change it. [and so is taught in Tosafot and Mordechai, first chapter of Berachot] . And it is good to say in Shacharit after "Hear O Israel, etc." "Blessed be the glorious Name of His kingdom forever and ever" for sometimes we delay with [the recitation of] the Sh'ma to recite it when it is not its [proper] time, and one fulfills [one's obligation] with this (i.e. an early morning recitation) [Tur]
Siman 47
One must be very diligent to say the Blessing of the Torah.
It is necessary to bless [before], whether [one is learning] Mikrah [scripture], or Mishnah, or Gemara. Rem"a: and for Midrash [Tur]
One who writes words of Torah, even though he doesn't read them, he must bless.
One who thinks words of Torah does not need to bless. Rem"a: And this is the law of one who can rule on the law without giving a reason for one's words [Ran: Chapter 1 of Shabbat and Chapter "All images" - he wrote that it is like thinking]
The Blessings of the Torah [are]: "...who makes us holy with His commandments and commands us regarding words of Torah", and "...please make sweet..." etc. and "...who chose us..."
One says "and please make sweet" with a vav. Rem"a: And there are those who say [to say it] without a vav, and so they have practiced. [Rambam: Laws of Prayer Chapter 7 and Rashba in the name of the Ma-or and Abudarham]. But it is better to say it with a vav.
The blessing of Ahavat Olam exempts [one from] the Blessing of the Torah if one learned immediately [afterwards] without an interruption.
And there is reason to doubt whether one fulfills [one's obligation] by reading the recitation of the Sh'ma adjoined to it [i.e. Ahavat Olam] immediately without an interruption, and therefore there is reason to be diligent to bless the Blessing of the Torah prior to Ahavat Olam.
There are those who say that if one interrupted between the Blessing of the Torah and one's study, it [i.e. the blessing] does not amount to anything. But the correct thing is to not interrupt between them, and such is the practice to say the section of the Priestly Blessing adjoined to the blessing of the Torah.
If one was interrupted from studying and gets involved with one's activities, since it was in one's head to return and study, this is not an interruption. And this is the law for sleep or the bathhouse or the outhouse, that it is not an interruption.
A routine sleep during the day in one's bed: it is an interruption. And there are those who say it is not an interruption, and so they have practiced.
Even if one learned at night, the night comes after the day that passed, and there is no need to go back and bless [again] as long as one did not sleep.
Those who wake early, before the light of day, to study bless the Blessing of the Torah and there is no need to go back and bless [again] when one goes to the synagogue. Those who wake early before the light of day bless the entire order of blessings other than the blessing of "who gives the rooster understanding" and the section of the daily offering [see above, Chapter 1, Section 6]; in that one waits to say them until the light of day. (Gloss: ab initio, one washes one's hands prior to blessing for study, but if one did not have water, one can learn and bless without washing as with the rest of blessing that one blesses before washing as above, Chapter 46 [Agur])
Women bless the Blessing of the Torah
Siman 48
[Gloss: And we say the section of the daily offering. And there are those who say the order of the woodpile (Yoma 33a) and "Master of the World, You commanded us", etc. And if it is not possible to say with the congregation, one can say it in one's house and come back to read the section of the daily offering on one's own with the congregation [i.e. in its presence]. And the second time, one should intend it like reading in the Torah (Tur)] On Shabbat we say the verses of the additional offering of Shabbat instead of the section of the daily offering, but not on Rosh Chodesh or Yom Tov because we read the verses of the additional offering in the Torah. [Gloss: And there are those who also mention the additional offering of Rosh Chodesh - and so we practice in order to publicize that it is Rosh Chodesh, and so it is below in Siman 421 (Tur). And those who are exacting have practiced to shake at the time that we read the Torah as an illustration of the Torah that was given with trembling, and so too at the time that we pray, because of "all my bones will say to you, Lord who is like You?" (Abudarham)
Siman 49
Even though we have established that things [from the Torah] which were written, you have no permission to recite them by heart, any thing that is routine and fluent in everyone's mouth, ofr example, the recitation of the Sh'ma and the Priestly Blessing and the section of the daily offering, and similar things to them is permitted.
Siman 50
They established that one should recite the part of "Eyzehu M'komam" and the baraita of Rabbi Ishmael after the section of the daily offering in order that every person would attain merit by learning Bible, Mishnah, and Talmud every day in that the baraita of Rabbi Ishmael is in place of Talmud since midrash is like Talmud.
Siman 51
We say the prayer Baruch She-amar ("Blessed is the One Who said") prior to Pesukei Dezimra ("the Psalms of Praise") and we say Yishtabach ("May he be Praised") after these.
If one finished Baruch Shemar prior to the prayer leader he should say Amen after the leader finishes.
After Yishtabach one may say Amen after his own blessing [see below section 215].
One must be cautious to refrain from talking from the moment he begins Baruch She'amar until after he concludes the Eighteen Benedictions (The Amidah). Rem"a: And even if it is for the sake of performing a mitzvah one may not talk between Baruch Sheamar and Yishtabach [Beit Yosef quoting the Kol Bo][see below 53 and 54].
In between these psalms one may ask [of another's welfare] out of respect [for that person] and may reply greetings to any person. And in the middle of [one of] the psalms he may ask [of another's welfare] out of fear and he may reply out of respect.
One must pause between [the words] "foreign gods" and "But Hashem made the heavens."
One should focus one's heart during the verse "You open Your hand..." and if he does not focus then he must return and say the verse again. Rem"a: And we say the verse "And we shall praise the Lord" (Psalms 115:18) after the verse "A praise, of David..." (Psalms 145:1) (ie. at the end of Ashrei) [Tur and the Kol Bo]. And we double-recite the verse "Let every living soul praise the Lord" (Psalms 150:6) because it is the conclusion of "The Psalms of Praise" (Tur), and so too for the verse "The Lord will rule forever and ever" (Exodus 15:18) [Abudraham]. When one comes to "And now, Hashem our God, we thank you" or to the verse "And every upright one shall prostrate himself before You" one should not bow or prostrate there as it is written below in section 113 [Rebbi Yitzchak, at the end of the chapter "Ein Omdin," and Rabbeinu Yerucham Pathway 1]. And it is customary to stand when we say "Baruch She'amar" and "And David Blessed" and "Yishtabach."
We aught not say these songs hurriedly, but rather at a pleasant pace.
"A Psalm of Thanksgiving" (Psalms 100) should be said in a melody because in the future all of the songs will be cancelled except for a Psalm of Thanksgiving. Rem"a: And we do not say "A Psalm of Thanksgiving" on Shabbat or holidays [Tur] or on the [intermediary] days of Pesach, because the Thanksgiving offering was not sacrificed on those days on account of Chametz. And it should not be recited on the eve of Passover... and see below section 429. And not the eve of Yom Kippur... and see below section 604. And thus it has become customary in our lands [Customs]
Siman 52
If one comes to synagogue and finds the congregation at the end of P'sukei D'zimra, he should say "Barukh She'amar" until "M'hulal B'tishbahot" (i.e. the end of the blessing), and afterwards "T'hillah L'david" until "Me-atah v'ad olam halleluyah" (i.e. all of Ashrei). And afterwards "Hal'lu et Hashem min hashamayim" until "Livnei Yisrael am k'rovo hallelulyah" (i.e. Psalm 148). And aftewards "Hallelu el b'kodsho" until "Kol han'shamah t'hallel yah" (Psalm 150). Rem"a: And if he has more time, he should say "Hodu l'Hashem kiru" (I Chronicles 16:18-36) until "v'hu rahum" (during the anthology of verses from Psalms) and skip to the "v'hu rahum" [immediately] prior to Ashrei because in between [those separate instances of "v'hu rahum"] are simply gathered verses [Hagahot Maimoni, Chapter 7 from Hilkhot T'fillah]. And afterwards Yishtabach, and afterwards [the blessing of] Yotzer [Ohr], and the Sh'ma and its blessings, and then pray with the congregation. And if he doesn't have much time, he should also skip "Hal'lu et Hashem min Hashamayim". Rem"a: If there is still not enough time, he should only recite Barukh She'amar, T'hillah L'david (i.e. Ashrei), and Yishtabah [The Rosh and the Ri from the Chapter "Ein Omdin"]. And if the congregation has already started with Yotzer and one does not have time to recite P'sukei D'zimra even with skipping, he should recite the Sh'ma and its blessings with the congregation and pray with them (ie. the Amidah), and afterwards recite all of P'sukei D'zimra without a blessing before or afterwards. Rem"a: And in any case, he should say all of the blessings required of him to bless in the morning [Kol Bo and Beit Yosef from the Mahari] as it is explained in Siman 46 and 47).
Siman 53
The laws regarding who is appropriate to go down before the ark (ie. to lead the prayer services). And there are 26 sections: The leader should say Yishtabach while standing.
One should not say Yishtabach unless he has also said Barukh She'Amar and some of P'sukei D'Zimra
One should not say the bracha on the wrapping of the tzitzit [i.e. putting on a tallit] between P'sukei D'Zimra and Yishtabach [i.e. the closing blessing], rather, he should say it between Yishtabach and Yotzer [Ohr] [and see below 54:3]. Rem"a: If the leader did not have a tallit at the beginning, he should wrap in tzitzit before he begins Yishtabach so that he will say the Kaddish immediately after Yishtabach and not interrupt [Kol Bo 5], and similarly if there is no minyan in the synagogue, the leader should wait at Yishtabach and be silent until the minyan comes and then say Yishtabach and Kaddish [Maharil].
The leader must be one who is fit. Who is "fit"? One who is free of sin; who has never had a poor reputation, even in his youth; who is humble; who is acceptable to the nation; who is skilled at [liturgical] chanting; whose voice is pleasant; who is accustomed to reading Torah, Prophets, and Writings (i.e. biblical text).
If there is no person that fits these qualifications, we should pick the one that has the most knowledge and good deeds in the community. Gloss: And if there was here an ignoramus who is an elder and his voice is pleasant and the people want him and [also] a13 year old who knows what he is saying and his voice is not pleasant, the younger one takes precedent (Mordekhai, Chapter 1 of Chullin). One who has committed a sin unintentionally, for example, who killed a person accidentally and returned in repentance is permitted to be leader, but if he did it intentionally [he may] not, in that in any case a bad name has gone out regarding him prior to the repentance.
We do not appoint anyone who does not have a full beard because of the honor of the congregation, but if by happenstance [something comes up], someone which has brought [i.e. grown] two hairs can go down before the Ark as long as he has not been appointed by the congregation or by the [regular] leader appointing him to relieve him to pray for him for defined occasions.
If there is no one there who knows how to be the leader except a boy of 13 years and one day, it is better that he will be the leader than to neglect to hear the K'dushah and Kaddish.
Someone who is not bearded: anyone for whom it is recognized that he has arrived at the general age where it is proper to have filled in his beard, we call him one who has filled his beard. If he is 20 years old, even though he doesn't have a beard we appoint him. Gloss: And even if he had a beard even a small one, we call him one who has filled his beard if he is 18 years old older. [Beit Yosef in the name of Tractate Soferim chapter 14 and Nimukei Yosef on "HaKorei Omeid"]
A eunuch, there are those who say that it is permitted to appoint him if he is twenty years of age.
We should give the benefit of the doubt to places that practice such that minors go down before the Ark to pray the evening service on Saturday evening. Rem"a: And in places that do not have this custom, a minor should not pass before the Ark even for the evening service and even if he arrived at 13 years on Shabbat day, he may not pray the [Friday] evening service of Shabbat for behold he is still not 13 years old. [Mahari"l]
A prayer leader who lengthens the prayer so that people will hear his pleasant voice: if it was because of the joy in his heart that he gives thanks to God, may He be praised, in pleasantness, a blessing shall come upon him. And this as long as he prays with weighty intention and stands in dread and fear, but if he intends to make his voice heard and rejoice in his voice, behold this is detestable. And in any case, anyone who lengthens his prayer [when serving as the leader] is not acting properly because of burdening the congregation.
We do not appoint a person [to be leader] who reads "aleph"s like "ayin"s and "ayin"s like "aleph"s.
A "pocheiach" [[as in the verse] "...my servant Isaiah has gone naked" which is translated [by Targum Yonatan] as "my servant Isaiah 'p'chayach'"] - and it is someone who whose clothing is torn and his arms are exposed - may not go down before the ark.
One who is blind may go down before the ark, as long as he does not read from the Torah, because things that are written, you do not have permission to say them by heart.
An established prayer leader goes before the ark himself and doesn't wait until someone asks him to.
One who is not an established prayer leader must decline a bit before he goes before the ark, but not too much; rather, the first time he should decline, and when they ask him again he should ready himself as if he wants to go to [lead], and on the third time he should stand [and go before the ark]. If the one who told him to go before the ark is an important person, he should not decline at all.
If the leader should err and they need to replace him, the one whom they ask to replace him should not decline at all.
If a person says "I will not lead because my clothing is colorful or because sandals are on my feet," he cannot lead at all for that prayer because that he is the way of the heretics to be particular about this, and we are afraid that heresy has fallen upon him. Rem"a: [And even if he gives a valid excuse for his words, it is not effective] [Beit Yosef in the name of Rabbi Y'honatan].
There are those who prevent a convert from being a prayer leader, and we disregard their words. Even a single individual can prevent [a prayer leader] and say 'I don't want so-and-so to be chazzan' if it was not already agreed upon him from the beginning. Rem"a: And [this is] specifically when that individual has a fair reason with regard to the good of the city, but when not so, an individual cannot prevent a prayer leader [Mahariv Siman 60]. And if he hates him, he can prevent him before they agree upon a prayer leader [Maharam P'duah - Siman 104 and Maharik - Shoresh 44]. And someone who hates the prayer leader, he may not be called up to the Torah when reading the Rebuke [Ohr Zarua].
If one wants to say the Prayer (ie. lead the prayer services as a merit) for his father [who passed away] and one who wants to say for another person, whoever the congregation wants to say/lead the Prayers, he should say/lead.
We don't appoint a prayer leader based on the request of a [non-Jewish] ruler/government official, even if most of the congregation wants him.
A paid prayer-leader is better than a voluntary one. Rem"a: And a person may not pray without the will of the congregation, and anyone who prays [for the congregation] through force and violence, we don't say "amen" to his blessings (Binyamin Z'eiv - Siman 163 and Agudah - Chapter "Keitzad Mevarchin").
The wages of the prayer-leader should be taken from the public funds of the congregation. Even though the prayer-leader is fulfilling [the prayer obligations] of the poor like the rich, nevertheless, the hand of poor doesn't pay as [much as] the rich. Rem"a: And there are those who say that we collect [from the members] half [of the total funds] according to [each person's] wealth and half according to the [number of] people (ie. a set amount that each person gives), and so is the custom of the congregations (Maharam Padua Siman 44).
A congregation that needs to hire a Rabbi and prayer-leader but doesn't have money for both... If he is a brilliant rabbi, great in Torah, and an expert in halachic ruling, he is given precedence, and if not, the prayer-leader is given precedence.
We do not remove a chazzan from his job, unless we find in him some disqualification. Rem"a: And we do not remove him just because of slander - for example, that word went out about him that he was caught with a non-Jewish woman or that he informed [to the authorities] against a person. But if witnesses came against him regarding these or something similar, we remove him. And a prayer-leader who is [also] a ritual-slaughterer or an animal examiner should not pray in his filthy and smelly clothes, and if he does not want to change his clothes at the time of prayer in order to pray, we remove him. And a prayer-leader who fouls his mouth (ie. uses foul language) or sings non-Jewish songs, we warn him not to do this, and if he does not listen, we remove him [Kol Bo page 125, amud 4]. And a prayer leader that who has aged and wants to appoint his son to assist him sometimes, even though his son's voice isn't pleasant like his voice - if he "fills his shoes" regarding other things, then his son take precedence over anyone else and the congregation cannot prohibit him. (Responsum of Rashba Siman 9)
A community that is accustomed to appoint people for the needs of the community for a [limited] time, and when the time comes those leave and others replace them, whether regarding the chazan, or the charitable trust, or the other positions required by the community; Whether it is [positions] which are paid a salary or those which are unpaid; even if the time/term [of service] is not fixed, implicitly or explicitly alike — [this is acceptable] because they are accustomed to do so. Rem"a: There is one who wrote that the prayer-leader should pray from the [prayer] book that was designated for the congregation because it was certainly written for the sake of Heaven [Maharil in the name of the Rokeiach].
Siman 54
Yishtabach does not start with a beracha because it is adjacent to baruch sheamar, and both were instituted for pesukei dezimra - one before, and one after.
One does not say amen to "melekh mehulal batishbahot" at the end of baruch sheamar, but instead after "hai haolamim" at the end of yishtabach, which is the end of the berakhah.
One who speaks between Yishtabah and Yotzer - it is a sin in his hand, and would be required to return from the battlefield [due to fear of sin leading to death] (see Deut. 24, Sotah 44b). But there are those who say that it is permitted to interrupt at that point for communal needs or to bestow charity to those who come to be provided for from charity. Gloss: From this stems the custom in many places to say a blessing for the sick or for a claimant to ask for judgement between Yishtabah and Yotzer, because these are instances of (interruptions for) the purpose of a mitzvah. And after that, when they resume praying, the leader says a bit of pesukei dezimra and then kaddish on those verses, since we do not say kaddish without a psalm before it. This is why the evening service begins without a kaddish (Kol Bo), and why one who did not have a tallit or tefillin at the start of the (morning) service and one was brought to them between Yishtabah and kaddish, can put them on and say the blessings. But between kaddish and Barkhu, one must not stop for any purpose (Or Zarua), and all the more so not stop after the leader has said Barkhu and before they begin saying the Yotzer blessing (Beit Yosef).
Siman 55
The say Kaddish, and it is not said with less than ten males, who are free and have grown two [pubic] hairs, and this is the rule for Kedushah and Barchu that are not said with less than ten.
If the chazzan started kaddish or kedusha with 10 people and a few left he can finish the kaddish and kedusha that he started as long as the majority of them remain. Rem"a: Nevertheless, it is a sin to leave. And regarding that, the verse says: "...and those who forsake the Lord shall perish" (Isaiah 1:28) [Yerushalmi]. But if there are 10 people remaining it is allowed [Mordechi in the last chapter of Tractate Megillah].
If [the chazzan] started with [the blessing of] Avot [in the Amidah] and a few people left, he can finish even Kedusha. Rem"a: If a few of them left after they began to pray "Yotzer Ohr", the prayer-leader should not begin to pray the audible [Amidah repetition] prayer because he already completed the prayer of Yotzer. And if they left after he began the audible [Amidah repetition] and Kedusha, they can complete the entire order of Kedusha and say the full Kaddish that comes after it because it belongs to the [Amidah] Prayer, in that behold it says "may their prayer be accepted..." [in the Kaddish]. But they may not read from the Torah (ie. when some left and you are now left with less than 10 men) because this is a different matter. And the evening [Amidah] Prayer and the Kaddish that comes after it - they do not belong to the recitation of the Sh'ma and its blessings. [Ran on the chapter "the one who reads the Megillah"; Shibolei Ha-Leket ... chapter 15]
There are those who permit saying a spoken part [of the service] in which [God's] holiness [is proclaimed] (ie. Kaddish, Kedusha, etc.) with 9 men joined by a child that is older than 6 and knows to whom we pray. And their "words were not seen" (ie. not accepted) by the great halachic decisors. And the same law applies: that a slave or a woman is not joined [to the 9]. Rem"a: And even if he has a Chumash [printed Torah] in his hand, we do not join him [to the 9]. However, there are those who are lenient [regarding this] in an extenuating circumstance. [The Rosh and Mordechai and Hagahot Maimoni Chapter 9 of the Laws of Prayer]
If he does not have 2 [pubic] hairs, even if he is old enough in years, his status is like a minor, until the majority of his years have gone by (ie. he becomes much older (35 and one day-M.B))... for then it is apparent that he is a saris (ie. a male with no signs of puberty). If there are signs that he is a saris before this, he is treated as an adult. Rem"a: However, we are not particular regarding hairs; rather, all who have arrived at the required number of years, we presume that he is like an adult and we say regarding this matter, that it is probable that he has brought out two hairs [Maharik Shoresh 49].
If one of the 10 started to pray by himself and [was in a part of the prayers where he] could not answer with them or he was sleeping, even here (ie. in this scenario), he is included with them.
When there is one is praying [the Amidah] to himself, it is correct that the others wait on saying Kaddish until he finishes so that he will also gain merit from it.
A deaf person that can speak but not hear, or hear but not speak, they are like hearing/speaking people and can be included. But if he is deaf and mute, he is treated like a mentally incompetent person or a minor.
In reality, he is a minor until he develops two pubic hairs after he reaches the age of 13 and one day, and the leap year lasts 13 months.
If one youth was born on the 29 of the 1st Adar in a leap year and another youth was born in the 2nd Adar, on its first day, then if the 13th year is not a leap year the one who was born on the 29 of the 1st Adar needs to wait until the 29th of Adar in the 13th year, to be 13 years old. And the one the one who was born after him on the first of the 2nd Adar will be 13 years old since the first of Adar of the 13th year has arrived [already]. Rem"a: And someone who was born in Adar and is made a bar mitzvah in a leap year is not made a bar mitzvah until the second Adar. [Responsum of the Mahari Mintz #9]
A transgressor who transgressed the public decrees or transgressed a transgression: if they do not excommunicate him, then he is counted in the minyan of 10.
One who is excommunicated, we do not join him to anything that requires 10 [people], but he is permitted to pray in a synagogue in which he is present, unless they specified to be stringent with him regarding this.
All of the 10 need to be in one place and the prayer leader with them. And one who stands inside the doorway, [in the area of the doorway that is] from the door-stop and outward... meaning [the area] that when you close the door at the place of the inner [lip] of the thickness of the door and outwards - it is like [he is] outside.
One who stands behind the synagogue and in-between them is a window - even if it is several stories high [and] even if it's not 4 [tefachim] wide - and his face is seen by them from there, he joins with them for the 10. Rem"a: Roofs and upper stories (ie. attics) are not in the category of "a house" and the one who stands on them is not joined [to the 10]. [Ri ??]
If a few of them are inside and a few of them are outside, and the prayer-leader is in the middle of the doorway, he joins them [together for a minyan].
[Regarding] a small courtyard that breaks out completely to a large one... meaning, that the small one is opened up in the place that is joined to the large one, and that entire wall that was dividing between them fell... and in the large courtyard there remained from the rest of the wall that fell, strips [meaning a bit of wall that is straight and uniform] on this side and that side. The large one is considered separate from the smaller, but the small one is not considered separate from the greater, rather it is like a corner of it (the greater one). Therefore, if there are nine [men] in the larger and one in the smaller, they join together because the smaller is "dragged" after the larger, and it is as if it is within the big one since the majority [of the men] are in the big one. But if there were nine [men] in the small and one in the large or five [men] in this one and five in that one, they do not join.
If the prayer-leader was in the small [space] and the congregation in the large space, he fulfills their obligation [through his prayer], in that he is "dragged" after them. But if the prayer-leader was in the large and the congregation in the small, he doesn't fulfill their obligation since the majority isn't dragged after the individual.
If some of the ten [men] are in the synagogue and some of them are in the courtyard, they do not join with each other.
A prayer-leader at the Ark (ie. the area where he leads the prayers) and 9 in the synagogue join with each other [to make a minyan], even though it (the Ark area) is 10 [tefachim/handbreadths] high and 4 [amot/cubits] wide and it has walls that are 10 [tefachim/handbreadths] high... because it is nullified with regard to the synagogue. And there is one who wrote that this is so when the walls [of the elevated Ark] do not reach the roof joists (ie. the ceiling).
If there were 10 in one place and they say Kaddish or Kedushah, even one who is not with them can answer. And there are some who say that it's required that there not be any interposition of excrement or something idolatrous [in between].
A city that doesn't have more than 10 [Jewish men] in it, and one of them wants to leave on the High Holydays... they may compel him to remain or to pay another to take his place. And if there are 11 and two want to leave, the two of them jointly pay one in their place and the two of them split it equally. And if one is poor and one rich, they split [the total cost]: half according to [how much] money [each one is able to pay] and half [divided] according to [the number of] individuals. And the pay of the Cantor is on those who leave just as on those who remain. Rem"a: And there is no difference between one who wants to leave a long time before Yom Tov or not; [this applies] as long as will not return on Yom Tov [Maharil Siman 427].
We do not compel [anyone] to pay to complete a minyan except for on the High Holydays and when they are only short one or two [men] - unless there is an established and known custom in the city to compel to pay even with a shortfall of 3 or 4 [men]. If there is a minyan among those who dwell in the the city, we compel [them] to pay a Cantor. Rem"a: And similarly in a place where there is not always a minyan in synagogue - they may compel each other with fines so that a minyan will always come to synagogue so that the regular service will not be eliminated. [Responsum of the Rivash Siman 518] and see later at the beginning of Siman 150 [regarding] if they may compel each other to build a synagogue.
Siman 56
Laws of the Congregation's responding to the Kaddish (5 sections): One should have concentration when answering the Kaddish. Rem"a: And one does not interrupt between "Y'hei Sh'meih Rabbah" ("May the Great Name") and "M'varakh" ("be blessed") [Hagahot Asheri in the name of Or Zarua wrote regarding the first explanation: "One should not interrupt between "Sh'meih" and "Rabbah" and according to the explanation of the Ri: one should not interrupt between "Rabbah" and "M'varakh"]. and one should answer loudly and strive to run to hear Kaddish. Rem"a: And one should stand when answering Kaddish and any davar she-bikdushah ("matter in which there is holiness" - a recitation which requires a minyan). And one who comes to synagogue and hears the congregation answering Kaddish answers along with them even though he did not hear the prayer-leader saying "Yitgadal etc." [Hagahot Chadashim on the Mordechai on Brakhot]. And the prayer-leader also needs to say "Y'hei Sh'meih Rabbah...". And when he begins "Yitgadal...", one should say "And now, let power [of YHVH] be magnified..." (Numbers 14:17) and "Remember Your mercy..." (Psalms 25:6).
When the chazzan says: "yitbarakh" everyone should answer "amen", and so too when he says "b'rikh hu", and "v'imru amen". Rem"a: And the custom is to not say "amen" after "yitbarakh" and not after "b'rikh hu". And one may not interrupt between "b'rikh hu" and "l'eila mikol birkhata..."
Those who respond up until "l'almai almaya" only [and stop] - they err, for it is forbidden to interrupt between "almaya" and "yitbarakh".
When the chazzan says "yitgadal", he should bow, and similarly at "y'hei Sh'meih Rabbah", and similarly at "yitbarakh", and similarly at "b'rikh hu", and similarly at "amen".
After one is done saying kaddish, one steps 3 steps back and then says "oseh shalom...".
Siman 57
Laws of Bar'khu and its responses comprising 2 sections: The prayer leader says: "Bar'khu et Adonai ha-mevorach", and they [the congregation] answer after him: "Barukh Adonai ha-mevorach l'olam va'ed", then the prayer leader returns and says: "Barukh Adonai ha-mevorach l'olam va'ed". Rem"a: And some have the custom that the prayer leader lengthens "Bar'khu", and the congregation say "Yitbarakh v'yishtabach..." while he is extending "Bar'khu" (Tur).
A place where the practice is to shout at/rebuke their fellows between Kaddish/ Bar'khu and Yotzer Ohr or to speak regarding the needs of the public... they are mistaken. (See above, at the end of Siman 54)
Siman 58
The time of reciting the morning Shema is from when one can see a slightly familiar friend at a distance of four amos and can recognize him. It continues until the end of three [halachic] hours, which is a fourth of the day[light]. The most ideal fulfillment of the mitzvah is to read it like the "vatikim" (students; and Rashi: people who are humble and love the commandments) who would prepare to recite it a little before the "budding of the sun" (the coming out of the sun like pomegranates bud) in order that one should finish the recitation of the Shema and its blessings with the budding of the sun and to adjoin the Prayer [Amidah] to it immediately to the budding of the sun. Whoever is able to prepare to do this, his reward will be very great. Gloss: The measurement of the budding of the sun is about one hour before the entire body [disk] of the sun has ascended above the land.
If one didn't recite it before the budding of the sun, one should recite it as soon as possible.
And whoever is unavoidably prevented, such as one who got up early to travel and in a place where there are bands of wild animals and bandits such that one is not able to concentrate, even for the first section until "(upon) your heart," or members of the caravan are going quickly and won't wait for one at all, then one can recite it with its blessings from daybreak, because it's still fitting that we call daybreak "when you rise up" and it's also fitting to call it "creation of light." But, if one is not in a place that has bands of wild animals or bandits and the members of the caravan are not so rushed, even if one left to travel after daybreak, one shouldn't recite until the proper time arrives.
If one recited it from daybreak [but before the proper time to recite Shema], even though one wasn't unavoidably prevented [from reciting Shema at the appropriate time], one fulfilled his obligated after the fact. If one recited it without [its] blessings, one should return to recite it in its appropriate time with blessings - see below Siman 60. (Beit Yosef Siman 46).
If one was unavoidably prevented [from reading Shema at the appropriate time], and didn't recite the evening recitation of the Shema until daybreak, since the sun has not yet budded, one may recite the recitation of the Shema and fulfill the obligation of the evening recitation of the Shema. And if one was unavoidably prevented at that time - [for instance] to travel in a place with bands of wild animals and bandits - one should not recite the recitation of the Shema a second time to fulfill the obligation of the daytime recitation of the Shema because once one made that time "night," it's impossible to retract and make it "day."
Even though its [proper] time continues until the end of the third hour, if the third hour passed and one did not read it, one may read it with its berakhot all the fourth hour, since it's [within] a third of the day. And [if one does this] one doesn't have a reward like one who reads in its [proper] time. And if the fourth hour passed and he didn't read it, one may read it without its berakhot all day.
If one did not read it [the recitation Shema] by day, there are those who say that there can be recompense for it [by reading it] at night, and that if one did not read the Shema at night that there can be recompense for it [by reading it] during the day, and there are those who disagree.
Siman 59
Laws of the First Blessing - Of "Who Forms" - and in it are 5 Se-ifim [The blessing of] "Blessed are you Hashem our Lord who forms light and creates darkness" was established to mention the attribute of darkness during the day to address the claim of heretics who say that "The one who created light did not create darkness."
If one erred [while praying] and said "the one whose word brings forth evening" but remembered immediately and said "who forms light," and then ends with "who fashions the luminaries," he has fulfilled his obligation. However, if one said "the one whose word brings forth evening" and one did not say "who forms light" or did not conclude with "who fashions the luminaries," then he has not fulfilled his obligation. And if one said, "the one who forms light and creates darkness and whose word brings forth evening," and also concluded with "brings forth evening," he has not fulfilled his obligation. Rem"a: And the same thing applies if one only said at first "who forms light", if he ends with "brings forth evening" then he has not fulfilled one's obligation (his own words to explain the Tur and the Rosh). However, if one concludes with "who fashions the luminaries", since he opened with "who forms light", he has fulfilled his obligation even though he interrupted with "brings forth evening."
There are those who say that the Kedusha [text] in [the] Yotzer [blessing] may be recited by an individual [who is praying alone], since it is only a recitation of a [Biblical] narrative. And there are those who say that an individual [praying alone] should skip over this part, and it should only be recited in public. And one should be concerned for their words (ie. of the latter opinion) and make sure that [if] an individual recites it, he does so with a melody and cantillation, as if reading a Torah portion. Rem"a: And the custom has already become widespread, [that we follow] like the first opinion, that an individual recites it. And when they (ie. the congregation) answer this Kedusha, they say it aloud (Hagahot Maimoni in the Formula of Prayer).
The blessings for Yotzer (morning) and Aravit (Maariv Aravim in the evening) should be said alongside the prayer leader at a pleasant pace. Rem"a: And one should hasten to conclude before the prayer leader concludes in order to answer Amen after the prayer leader (Hagahot Maimoni Chapter 1 from Laws of Blessings and Rokeach Siman 218). Nevertheless, if one did not say it [himself] but heard it from the prayer-leader then one has fulfilled one's obligation, because [with regard to these blessings] the prayer leader can fulfill the obligation of an individual, even if one is an expert (ie. he is fluent in the prayers). Nonetheless, the prayer leader may not fulfill the obligation of an individual with less than a minyan (Rabbi Yitzchak on Mi Shemeyto). However, one should not answer Amen after the blessing "...who chooses His nation, Israel, with love" because this constitutes an interruption (see below, chapter 61)
If one made an error in [leading] the Yotzer blessing in a way that someone else has to replace him, if the error came after the Kedusha, the replacement leader does not need to return to the beginning, rather he can continue from the place where [the original prayer-leader] stopped. Rem"a: That is, one continues from after the Kedusha and on, but if the mistake comes before the Kedusha, one needs to start from the beginning [of the blessing of Yotzer Ohr] (the Ri and the Rosh in "Ein Om'din", Hagahot Maimoni Ch. 10 of Laws of Prayer, and Tur).
Siman 60
Laws of the blessings for the recitation of the Shema and whether it needs intention - containing 5 sections: The second blessing is 'Ahavat Olam'. Rem"a: There are those who say 'Ahavah Rabbah' (and this is in fact the custom in all [lands of] Ashkenaz). And it does not start with the word 'Baruch', since it immediately follows the 'Yotzer Ohr' blessing. As to whether it counts for the [obligation of] the blessing for [studying] Torah, see above, Siman 47.
If one recited the Shema without a blessing, one has fulfilled the obligation of reciting the Shema. [Nonetheless,] one [later] goes back and recites the blessings without the Shema; however, it seems to me that it is proper to go back and recite the [entire] Shema with the blessings.
The [wrong] order of the blessings does not hold one back [from fulfilling the commandment], therefore, if one recites the second [blessing] before the first, one has fulfilled one's obligation of [reciting the] blessings.
There are those who hold that the commandments do not require intention, and there are those who hold that they do need intention in order to fulfill the doing of that commandment - and such [i.e. the latter] is the [correct] halacha.
One who recites the Shema, but did not have the [proper] intention during the first verse, which is 'Shema Yisrael' - [in this case,] one did not fulfill one's obligation. As for the rest, if one did not have the [proper] intention, and even if one was simply reciting [the verses of the Shema] from the Torah or checking over these sections [of text - i.e. the ones used in the Shema] during the time [one is obligated in the] recitation of the Shema - in this case, one fulfilled [one's obligation], as long as one had intention during the first verse.
Siman 61
Laws of how much one needs to be precise and have intention during the Recitation of the Sh'ma; contain 26 se-ifim
One should recite the Sh'ma with intention, awe, fear, shaking and trembling.
[The verse states:] "Which I have commanded you today," (Deuteronomy 6:6) - which teaches that every day it should appear in your eyes as if it was new, and not like someone who already heard it many times and is [therefore] not precious to him.
The Recitation of the Sh'ma has 245 words, and in order to bring the number up to 248, which corresponds to the number of limbs of the human body, the prayer leader ends by saying "the Lord Your God - Truth!", and then repeats this aloud, and says: "the Lord Your God - Truth!" Rem"a: By doing so, each person [in the congregation] fulfills their obligation since they hear these three additional words from the mouth of the prayer leader (Beit Yosef in the name of Orchot Chaim). And if one wishes to say these words individually along with the leader, it is not forbidden. And if one is reading [the Sh'ma] individually, he should have in mind regarding the fifteen vavs in the [prayer] 'Emet V'yatziv' (each of which have the gematria value of 6), that their value adds up to 90 (ie. 15x6=90) - and this corresponds to three Tetragrammatons... for each name has a value of 26 and [adding one for each of] its four letters brings it to 30 (ie. 26+4=30; 30x3=90). Rem"a: There is another reason for doing so, since the fifteen vavs add up to 90, and the reading [of the entire text] counts as one, this is then 91, which is the value of the God's name as it is pronounced and written, and it is then as if one is said "Hashem (ie. YKVK) Adon-ai, Truth" (Mahari"k, Root 42 and the Agur). There are those who wrote that anyone who recites the Sh'ma by themselves should say "Kel Melekh Ne-eman" before [saying] Sh'ma, etc., since these three words bring the count up to 248, and this comes in the place of the Amen (ie. the initial letters of "Kel Melekh Ne-eman"spell out 'Amen') that one is required to answer after [the blessing of] "Blessed... Who chooses His nation Israel with love". And this is our custom. It seems to me that, nevertheless, when one recites [Sh'ma] with the congregation, one should not say "Kel Melekh Ne-eman", but [rather] only say Amen after the leader concludes the blessing - this is our custom, and it is correct.
The custom is to recite the first verse out loud in order to awaken the intention [we need].
The custom is to place one's hands over their faces during the recitation of the first verse in order that one will not look at something else that will prevent him from intending [his heart].
It is necessary to extend [the pronunciation of] the [letter] chet of [the word] echad (one) in order to declare the Holy One, blessed be He's, sovereignty in the Heavens and the Earth (i.e. seven heavens + Earth = chet (8)), for this is alluded to by the humps in the middle of the roof of the chet. One should [also] extend [the pronunciation of] the letter dalet of [the word] echad (one) the amount [of time it takes] to contemplate that the Holy One, blessed be He, is One in His world and rules in the four directions of the world. But he should not extend more than this amount. There are those who have the custom to turn the head in accordance with the thought: up, down, and to the four directions.
One should accentuate the dalet so that it does not [sound] like a resh.
One should not contract/rush [the pronunciation of] the chet, nor extend the aleph.
It is forbidden to say "Sh'ma" two times, whether doubling the words such that one says "sh'ma, sh'ma" or doubling the first verse.
When one recites the Recitation of the Sh'ma on one's bed (ie. before going to sleep), it is permitted to recite the entire passage and to [then] repeat it. And there are those that say that also with this, one needs to be careful about saying the first verse Rem"a: two times.
Those who say the verse "Sh'ma Yisrael" two times in the early morning during Se'lichot or during Yom Kippur during the Ne'ilah prayer - they should be taught to not to say it.
[Regarding saying] "Adon-ai hu haElo-him" seven times on Yom Kippur during the Ne'ilah prayer - this is a legitimate custom. Rem"a: There are those who say that one should be careful to not answer "amen" two times to any blessing (Beit Yosef in the name of Ohel Moed)
After the first verse [of Shema], one needs to say, "Blessed is the Name of His glorious Kingdom forever and ever" in an undertone.
One needs to pause a little between “forever and ever” and “and you shall love” in order to pause between acceptance of the kingship of Heaven to other commandments. Rem"a: and one should pause in the first verse between "Israel" and "YHVH" and between "our God" and the second "YHVH" so that it should sound as [if one is saying] "Hear O Israel because YHVH who is our God, He is YHVH who is One (Rokeach). And one should pause a little between "one" and "blessed" because the main acceptance of the kingdom of Heaven is the first verse (Abudarham).
One should pause between "today" and "upon your heart" and between "today" and "to love" so it should not appear [as if he is saying] "today, but not tomorrow"
One should pause between "was sworn" and "YHVH" in order to pronounce the ayin well so that it does not sound like a hey.
One should distinctly pronounce the zayin in "tizkeru" so that it does not sound like "tishkeru" (lying) or "tiskeru" (reward) and then he would be [considered] like slaves working only for reward. Similarly, one should distinctly pronounce the zayin in "u'zchartem."
One should accentuate the yud of "Sh'ma Yisrael" so that it is not swallowed up and it does not seem like an aleph. And similarly the yud of "v'hayu" so that it does not sound like "v'ha-oo"
One should put a gap between "charah" and "af" so that it does not sound like "charaf"
One should put a gap between a word whose beginning [letter] is like the end [letter] of its predecessor, for example: "b'chol l'vav'kha", "al l'vav'khem", "eisev b'sad'kha", "v'avdem m'heira", "hakanaf p'til", "etkhem meieretz"
One must, with every aleph [that comes] after a mem, break between them. For example: "v'limad'tem otam", "ukshartem otam", "v'samtem et", "uritem oto", ("uzkhartem et", "v'asitem et") so that it does not seem like one is reading "motam" [or] "meit" (death)
Even in P'sukei D'zimrah (Verses of Song) and the Prayer ("Amidah"), one needs to be exact with this. Rem"a: and similarly, the one who reads from the Torah, Prophets, and Writings needs to be careful [Beit Yosef in the name of Radak]
One needs to be precise not to weaken the strong [letters with a dagesh] or strengthen the weak [letters without a dagesh] and not rest the moving [sh'va] and move the resting [sh'va].
One needs to recite Sh'ma with the cantillation (trop/ta'amim), just like they are [written when reading] in the Torah. Rem"a: But the custom is not like this in these lands. And in any case, those who are precise [in general regarding mitzvot] are strict about this.
When one says "ukshartam l'ot al yadekha" ("and you shall bind them as a sign on your hand"), one should touch the arm tefillin. When one says "v'hayu l'totafot bein einekha" ("and they shall be frontlets between your eyes"), one should touch the head tefillin. When one says "uritem oto" ("and you shall look at it"), one should touch the two tzitzit that are in front of one (See above: Siman 24, S'if 5).
There are those who practice to recite the Recitation of the Sh'ma in a loud voice and there are those who apractice to recite it in a whisper. Gloss: And in any case, they say the first verse in a loud voice, and this [is what we] how we practice (Kol Bo).
Siman 62
[The Laws of] one who is not precise with the recitation of the Shema or did not make it heard to his [own] ears, and it contains 5 se'ifim
Even though it is a mitzvah to be precise regarding the letters [of the Sh'ma], one who has recited it without being precise with them has [nonetheless] fulfilled their obligation.
One may read [the Sh'ma] in any language, and they should be careful to avoid word mispronunciations in that language, and one should be precise in it just as in Hebrew [lit. "the holy tongue"].
[When reading the Shema,] one must hear with their ears what comes out of their mouth, but if one did not hear it, they [still] fulfilled their obligation as long as they brough it out of their lips (ie. articulated it with their mouth).
If, due to illness or some other unavoidable circumstance, one recited the recitation of the Sh'ma in their heart [i.e. silently], they fulfilled their obligation. Rem"a: And even optimally one may do this if they are in a place which is not completely clean and they are not able to clean it up due to unavoidable circumstances, [in such a case,] one may think [it] in their heart (ie. recite it silently to themselves) as long as the place is not completely soiled [e.g. with excrement] since it is forbidden to think a matter of Torah in a soiled place. (Beit Yosef, Siman 85)
The prayer-leader needs to make his voice heard with "Sh'ma Yisrael" so that the congregation will hear and declare the kingship of the Heavenly Name together.
Siman 63
[The Laws regarding the requirement] to sit at the time of the recitation of the Shema and to not sleep [during it] - and it contains 9 se'ifim
One may recite it [i.e. the Sh'ma] walking, standing, lying, riding on the back of an animal, or sitting, but not "p'rakdan", that is, with one's face into the ground or cast on one's back with one's face upwards, but one may recite while lying on their side. Rem"a: Since one was already lying and it is troublesome to stand up [Ri on the chapter "one whose dead" (B'rakhot 3)] And if one was very heavyset and not able to turn over onto their side or was sick, then they [should] incline a little towards their side and recite [the Sh'ma].
One who wants to be stringent to stand when one is sitting [in order to] to recite it standing is called a sinner.
If one was walking on the way and needs to recite the Recitation of the Sh'ma, they must stand [still] during the first verse.
The main part during which one should have focus is the first verse. Therefore, if one recited [it] and did not focus one's heart during the first verse, they did not fulfill their obligation, and must go back and recite it [again]. And even according to the one whose opinion is that mitzvot do not require focus, agrees here.
If one was sleeping, we bother him and wake him up until he recites the first verse while fully awake. From here onwards, we do not bother him in order to recite while fully awake, for even though he reads it drowsy, he fulfills his obligation. Rem"a: And [regarding] the law of one who is drinking or is drunk, see below Siman 99, Se'if 1.
One who is [in the middle of] reciting the Sh'ma should not signal with one's eyes, mouth with one's lips, or gesture with one's fingers during the first paragraph which is the main acceptance of the yoke of the Kingdom of Heaven because he [then] appears like he's reading it casually, and it is written "and you shall speak of them...", and we explain [this to mean]: do them permanently (ie. speak them in a formal/non-casual way).
If one is busy with work and wants to recite the Recitation of the Sh'ma, he must cease from his work until he recites the first paragraph so that it does not appear like he's reading it casually.
Skilled craftsmen, and similarly the homeowner, that were doing work on the top of a tree or on top of the walls of the building may recite the Recitation of the Sh'ma in their place and they do not need to descend.
A porter, despite that his load is on his shoulders, may recite the Recitation of the Sh'ma, but may not begin [it] at the time that he loads [it] and not at the time that he puts [it] down because his heart/mind is not settled.
Siman 64
Laws of One who Errs During the Recitation of the Sh'ma, containing 4 s'ifim
One who read it out of order has not fulfilled [their obligation]. This applies with regard to the order of the verses, but if one advanced a section ahead of its peer, even though they are not allowed to do so [intentionally], they have fulfilled [their obligation] since it is not adjacent in the Torah [itself].
One who read a section and erred in it: if he knows where he erred, for example, he read the whole section but skipped one verse in the middle, he returns to the beginning of that verse and finishes the section. But if one does not know where one erred, he returns to the beginning of the section.
One who erred in-between sections, in that he knows that he completed a section, but does not know if it was the first ("v'ahavta") or the second [section] ("v'haya im shamoah"), he returns to [the end of] the first section and then begins "If you will listen...".
If one is at the point of "and you shall write them" [which appears in both of the first two sections] and he does not know if it's the "and you shall write them" that is in the first section or the "and you shall write them" that is in the second section, he returns to the "and you shall write them" that is in the first [section]. And this is where one did not begin "so that your days shall be multiplied" [which immediately follows only in the second section], but if one did begin "so that your days shall be multiplied", there is no need to go back in that one can assume one followed one's routine and continued.
Siman 65
[The Laws of] One Who Entered a Synagogue and Found the Congregation Reciting the Recitation of the Sh'ma or Who Interrupted at the Time of the Recitation, Containing 3 S'ifim
One who recited it discontinuously, that is, that they began to recite and [then] paused, whether through silence or through speaking, and [then] returned and finished it, even if they tarried [the amount of time it would take] to complete all of it, they have fulfilled [their obligation], even if the pause is due to an unavoidable circumstance. Rem"a: And there are those who say that if one had an unavoidable circumstance and paused [the amount of time it would take] to complete all of it, they return to the beginning (Tosafot and the Rosh, chapter Mi She-meito(?) (Brakhot 3), and the Tur). And this is the custom. And we calculate the matter of tarrying (ie. the amount of time that he paused) according to the one reciting [the Sh'ma] and not according the majority of people. (Rashba, beginning of chapter Hayah Korei (B'rakhot 2) And thus it is [described] below in Siman 104.
If one recited the Recitation of the Sh'ma [on one's own] and entered the synagogue, and found the congregation reciting the Recitation of the Sh'ma, they need to recite the first verse along with them so it will not seem as if they do not want to accept the yoke of the Kingdom of Heaven with their fellows. And such is [also] the case if one is in the synagogue and saying words of supplication or [biblical] verses in a place (ie. in a section of the prayer services) where it is permitted to interrupt. But if one is in a place where it is not permitted to interrupt, for example, from Barukh She-amar and onwards, they should not interrupt; rather they should [continue to] say the words that they were saying at the time the congregation is saying the first verse using the melody of the congregation such that it will appear as if they are reciting along with them.
If one recited the Recitation of the Sh'ma [on one's own] and entered the synagogue and found the congregation reciting the Recitation of the Sh'ma, it is best that one should recite the entire Recitation of the Sh'ma along with them, and they will receive a reward like [when one] reads the Torah. Rem"a: But one is not obligated [to do so] except for the first verse, as was explained. [Beit Yosef]
Siman 66
[The Laws Regarding] In Which Place One May Interrupt and in Which Place One May Not Interrupt. Containing 10 Se-ifim
Between the sections [of Shema or it's blessings], one may greet an honored person and respond to a greeting from any person. And in the middle [of a section], one may greet someone that one reveres, such as one's father, one's teacher, or one greater than oneself in wisdom, and all the more so a king or one who compels. And one may respond to a greeting from an honored person, even in the middle of a verse, except for the verse of "Sh'ma Yisrael" and "Baruch shem kavod malchuto l'olam va-ed", during which one may not interrupt at all unless it is out of fear that he will be killed.
If one forgot to don tzitzit or tefillin, one can interrupt between sections [of Shema or it's blessings] and don them, and one can make a blessing over them. Rem"a: And there are those who say one should not make a blessing over them until after the Prayer [Amidah], and such is the custom with regard to tallit (Beit Yosef)
For Kaddish, K'dushah, and Bar'chu, one interrupts [Shema or it's blessings] even in the middle of a verse. And so too for Modim, but one [should] only say the word "Modim" alone. Rem"a: And also, regarding [answering] Barchu [between or in the middle of sections] (which is allowed), one should not say "yitbarach v'yishtabach, etc." (ie. there is an old custom in some places where the congregation would say "yitbarach v'yishtabach, etc." while the leader is saying Barchu). And there are those who say that the "Amen" that we respond with after the blessing of "ha-El ha-Kadosh" ("the Holy God" - at the end of the K'dushah in Shemona Esrei) and after "shomeya tefilah" ("the one who hears prayer" in Shemona Esrei) has the status of the K'dushah, and one can answer them during the Recitation of the Sh'ma. And that is the main opinion [that should be followed]. And with all these things, we interrupt, and certainly when saying supplications [Teshuvot of the Rashba]
If a Kohen [priest] was reciting the Recitation of the Sh'ma and they called him to the Torah: there is [an opinion] that says that one interrupts [the recitation for the aliyah] and there is [an opinion] that says one does not interrupt. And the halachah is according to his words (ie. the latter).
These are [what are considered] "between the sections": between the first blessing and the second, between the second and Sh'ma, between Sh'ma and V'Haya Im Sh'moa [the second paragraph of the Recitation of the Sh'ma], between V'Haya Im Sh'moa and Va-yomer [the third paragraph]. But between Va-yomer and "Emet V'yatziv", we do not interrupt, because we do not interrupt between YHVH and Emet, rather one should say "ani YHVH Eloheichem emet" and then interrupt as in the case of the middle of a section.
If one stopped because of the feared or honored [person] after they [concluded Shema and] said "emet" or they finished [Shema] before the chazzan, [meaning:] they joined "YHVH Eloheichem" with "emet", and are now waiting for the chazzan to begin [so that they can say it] with him, there is no need to go back and say "emet" another time [because one interrupted the sentence].
One should not answer amen after [the blessing of] "ga'al Yisrael", because this is considered an interruption [between the Recitation of the Sh'ma and the Amidah]. Rem"a: There are those who say that we do respond "amen", and that is our custom, to answer "amen" after the prayer leader. But if one prayed alone, he should not respond amen [to his own blessing], as below in Siman 215 [Tur].
One needs to adjoin [the Blessing of] Redemption to the Amidah, and one may not interrupt after they said "ga'al Yisrael", unless there was an unavoidable circumstance - for example, they did not wear tefillin (ie. they did not have a pair of tefillin up until then) and then [the tefillin] became available between Redemption and the Amidah, [in such a case, they should] don them right then but they should not bless over them until after they pray [the Amidah]. But [regarding] a tallit, one should not put it on at that point. But if one did not yet say "ga-al Yisrael", and now a tallit and tefillin become available, they don them [right then] but should not bless over them until after the Amidah. Rem"a: And there are those who say that prior to "ga-al Yisrael" one should bless over the tefillin , and such is our custom [Mordechi and Tosefot and Hagahot Maimoni from Hilchot Kriat Sh'ma]
One should not respond to Kaddish or Kedushah between Redemption and the Amidah. What should he do? He should wait at [the words] "shira chadasha" in order to respond.
Anyone who did not say "Emet V'yatziv" in the morning service and "Emet V'Emunah" in the evening service has not fulfilled their obligation of the commandment as as it should have been. Rem"a: One who had an unavoidable circumstance and is pressed [for time] and does not have time to pray [Shemona Esrei] immediately after the Recitation of the Sh'ma: they should recite the Sh'ma until [the word] "emet" and then wait to say the rest of the blessing until they can pray [Shemona Esrei]. And then they say "v'yatziv v'nachon" etc. and then pray [Shemona Esrei] in order adjoin Redemption to the [Shemona Esrei] prayer [Beit Yosef in the name of Rokeach, chapter 321].
Siman 67
The Law Regarding One Who Had A Doubt If They Recited the Recitation of the Sh'ma - Containing 1 section
If one had a doubt if they recited the Sh'ma, they should go back and recite it [again] and make the blessing before and after it. But if they know that they recited it, but are doubtful if they blessed before and after it, they do not go back and bless.
Siman 68
[The Laws Regarding] That One Should Not Interrupt With Piyyutim. Containing 1 Se'if
There are places where they interrupt the blessings of the Shema in order to say piyyutim (liturgical poems), but it is proper to refrain from saying them, since they constitute an interruption [in the order of the blessings]. Rem"a: And there are those who say that there is no prohibition regarding this [Ri end of chapter "Ein Om'dim", and the Rashba, and the Tur], and such is the custom in all places to say them. But if one is lenient and does not say them, there is no loss. Nevertheless, one should not engage in any other activity. Even with words of Torah it is forbidden to interrupt and to engage in them the entire time the community is saying piyyutim - and all the more so is it forbidden to engage in any idle talk. However, one who studies merely by thinking, and simply looks at a book and thinks it over, there is nothing forbidden in that, since thought is not equivalent to speech. Even so, [this is not allowed] since through doing this, they may come to speak and would make an interruption. Therefore, one should not separate from the congregation in a place where they have the custom say them (piyyutim), and one should say them along with them. And see below Siman 90, Se'if 10 [Maharil and DA(?)].
Siman 69
The Law of "Poreis Al Sh'ma", containing 2 S'ifim
If there are people who have all prayed by themselves, individually, and they did not hear the Kaddish and the K'dushah, one of them stands and says Kaddish and Bar'khu and the first blessing - Yotzei Or, and no more, and this is called "Poreis al Sh'ma", which means "a piece" or "a slice" (ie. the word "poreis" comes from the word "prusa" which means a piece or a slice), in that we do not say other than a little of it (i.e. the Recitation of the Sh'ma). Rem"a: And nowadays, the custom is to not say the entire blessing of Yotzer Or; rather, we say Kaddish and Bar'khu, and they respond afterwards "Barukh YHVH... [hamvorakh l'olam va-ed]". There are those who say that we are "poreis al Sh'ma" during the evening Recitation of the Sh'ma as with the morning (Kol Bo and Beit Yoseif in the name of the Ran), but our custom is not like that because there is no Kaddish before the Bar'khu of Arvit. And after they complete the blessing of Yotzeir Or, they say Avot and G'vurot and K'dushah, and "Atah Kadosh", and this is called "Passing before the Ark". And we do not do these things with less than 10 [men] because they are matters of sanctification [of God's name]. And one should search for 6 [men] who have not heard [Kaddish or Kedusha], for this is the majority of 10. And if they can't find [at least 6 men], then even for the sake of one [man] who has not heard, they say [these things]. And even one who has heard can be "Poreis al Sh'ma" and pass before the Ark for the sake of the one who has not heard. However, if the one who did not hear is an expert on "Poreis al Sh'ma" and passing before the Ark, it is better that he should "poreis" and pass before the Ark rather than one who already heard should "poreis" and pass before the Ark. Rem"a: And the one who passed before the Ark and said the 3 first blessings should complete the entire prayer, and not make any interruption, even if he already prayed, but the others may interrupt after that. And certainly if the one who does "poreis" and passes before the Ark has not already prayed, he should first complete his prayer (ie. Sh'mona Esrei) even though he [still] needs to recite the Sh'ma afterwards and [by doing so] will not adjoin redemption to prayer [Beit Yoseif in the name of the Mahari]. And it is forbidden for one to interrupt for these things (ie. to be poreis al shema) between redemption and prayer or the Recitation of the Sh'ma and its blessings, and therefore, it is forbidden for the prayer-leader to interrupt between the Sh'ma and prayer (i.e. Sh'mona Esrei] or within the Sh'ma and its blessings in order to "poreis al Sh'ma" for those who came to the synagogue after the congregation prayed Kaddish and Bar'khu and began the blessing of Yotzeir Or. But in the blessings of Aravit [i.e. Maariv Aravim in the evening service] which is optional, one can interrupt in order to fulfill the obligation of others. And in any case, another person can "poreis al Sh'ma" or pray the entire prayer for 10, even in the same synagogue which has already prayed, in order to fulfill the obligation of others. However, the second chazzan should not stand in the place that the first chazzan stood, in that this would seem disgraceful to the first ones because it's like [they are saying that] the first ones have not fulfilled their obligation (Teshuvah of the Mahari of Mainz Siman 15). And it seems to me that this is specifically when the first ones are still in the synagogue but have completed their prayers, but if the first ones left, the chazzan can stand even in the the place that the first one did.
A blind person despite that he never saw lights, may "poreis al Sh'ma", and bless "the Former of the lights", since he enjoys the lights that others see when they direct him on the road on which he walks.
Siman 70
Who Are Exempt From the Recitation of the Sh'ma, Containing 5 S'ifim
Women and slaves are exempt from the Recitation of the Sh'ma because it is a positive commandment that is time-dependent, and it is proper to teach them that they should accept upon themselves the yoke of the Kingdom of Heaven.Rem"a: And they should recite at least the first verse (Beit Yosef in the name of Ohel Moed)
Minors are exempt according to Rabbeinu Tam - when they have not reached [the age of] education; and according to Rashi, even when they have reached [the age of] education because he is not usually with him (ie. the father) at the time of the Recitation of the Sh'ma in the evening and he (ie. the child) sleeps in the morning. And it is proper to act according to Rabbeinu Tam.
He who consummates a marriage with a virgin is exempt from the Recitation of the Sh'ma for three days if he did not do "the act" (marital relations) because he is anxious due to the anxiety of the commandment [of marital relations]. And this was the case only in the time of the early ones, but nowadays, when also the rest of the people are not able to have to have proper focus [for the Sh'ma], one who consummates a marriage with a virgin also recites [the Sh'ma]. Rem"a: See also Siman 99 [regarding] if one who is drunk should recite the Recitation of the Sh'ma.
If one was occupied with communal needs and the time for the Recitation of the Sh'ma arrived, they should not interrupt [what they were doing], but rather finish their affairs and recite if there is time left to recite.
If one was occupied with eating, or was in the bathhouse, or occupied with a hair cut, or processing hides, or was occupied with a civil matter - according to the Rambam: he finishes and afterwards recites the Recitation of the Sh'ma. And if he was worried that the time to say [Sh'ma] would pass, and he stopped and read, behold, this is praiseworthy. And according to the Raavad, one stops and recites even though there would be enough time to recite (afterwards). [See below: Siman 235]
Siman 71
A Mourner and Those Occupied With a Deceased Person are Exempt from the Recitation of the Sh'ma - containing 7 S'ifim
One who's relative died, for which he is required to mourn for them: even if it is not his responsibility to bury them, he is exempt from the recitation of the Sh'ma and from Tefilla [i.e. the Amidah]. And even if he wants to be strict with himself and to recite [it], he is not permitted [to do so]. But if one has someone who will take care of the needs of the burial for him, and he wants to be strict with himself to recite it, we do not protest against doing so [and see Yoreh Deah 341].
When does this apply? Regarding weekdays, but on Shabbat, one is obligated all day until evening if they are waiting until night at the [edge of the Shabbat] boundary to busy themselves with the needs of the burial [immediately after Shabbat]. But if one is not waiting until night at the boundary, they are obligated also at evening time. And [regarding] the second day of Yom Tov, its rule is like an ordinary day (and see Siman 548:5). And on the first day of Yom Tov, if one wants to bury [the dead] during that day, by means of non-Jews, then its rule is like a weekday, and if one does not want to bury him on that day, its rule is like Shabbat.
The one who watches the deceased, even if it is not one's own deceased is exempt.
If there were two watchers, this one watches and this one recites [the Recitation of the Sh'ma], and afterwards this one watches and this one recites.
The gravedigger for the deceased is exempt.
If there were 2 or more gravediggers, then all that are required for the needs of the digging at one time are exempt. And if there are additional [gravediggers], they slip away, recite, and return, and then busy themselves [with the digging], and the others slip away and return (see Yoreh Deah 365)
It is forbidden to recite the Recitation of the Sh'ma within 4 cubits of the deceased or in a cemetery, and if one recites, one has not fulfilled one's obligation.
Siman 72
Laws of Those who Carry the Bier and Those who Comfort and Escort, Containing 5 S'ifim
Those who carry the bier and the substitutes (ie. those who will take over for the first ones) and the substitutes for the substitutes, whether they are those who are in front of the bier (ie. who have not yet carried it) or those who are in back of it (ie. who carried it already), since they are needed for the sake of the bier, they are exempt. And the rest of the escorters of the dead (ie. they are just escorting it but not carrying it) who are not needed for the sake of the bier, are obligated.
We do not bring out the body close to [the time for the] Recitation of the Sh'ma, in that there is not [enough] time to bring it out and to bury it before the time of the Recitation of the Sh'ma will arrive. But if they [already] began to bring it out, then we do not interrupt in order to recite [it].
The people occupied with the eulogy at the time that the body is lying before them slip away one by one and recite [the Sh'ma] and pray [the Amidah]. If the body is not lying before them, they recite [Sh'ma] and pray, and the pre-burial-mourner sits and is silent.
They buried the deceased and the mourners returned to receive condolences, and all the people go after them from the place of the grave to the place that the mourners are standing to do a line to receive condolences - if the people are able to begin and to finish even one verse before they arrive at the line, they begin. And if not, they don't begin. Rem"a: if there is time [left] in the day to recite afterwards (Beit Yosef in the name of the Ramban).
The ones standing in line to comfort [the mourner], the inner ones that see the face of the mourner are exempt, and the outer ones that do not see the face of the mourner are obligated.
Siman 73
The One Who Sleeps Next To One's Spouse and One's Children and How to Conduct Oneself, Containing 4 S'ifim
Two that were sleeping under one cloth, and the skin of the two of them is touching each other's - they may not recite the Sh'ma unless the cloth was separating between them from the waist downwards.
If one was sleeping with his spouse, he may recite by turning away his face to the other side. And [this is so] even without the separation of a cloth because [one's spouse's body] is considered like one's [own] body. And there is [an authority] who forbids this, and it is correct to heed his words.
If one was sleeping next to one's children while they are still minors, it is permitted to recite through turning one's face without the separation of a cloth. And if they are older, one needs the separation of a cloth.
Until what age are they considered minors? The male child, until he is 12 years old and the female child until she is 11 years old. And even if they produced 2 [pubic] hairs, it is permitted [up to that age]. And during the 13th year for a male child and the 12th year for a female child, if they have produced 2 hairs, it is forbidden without the separation [of a cloth]. And if they have not produced 2 hairs, it is permitted. And from the 13th year and on for a male child and the 12th for a female child, even if they have not produced 2 hairs, it is forbidden.
Siman 74
That One Should Not Bless When One's Limbs See [One's] Nakedness (i.e. Genitalia), Containing 6 S'ifim
If one was sleeping naked with his cloth, he needs to press the cloth to his heart, and then he may recite [Sh'ma] because [when] one's heart sees one's nakedness (i.e. genitalia) it is forbidden. Rem"a: And the same rule applies if one's heart see one's fellow's nakedness (i.e. genitalia), it is forbidden (Tur)
One who washes naked in clear water and wants to drink should cover [themselves] with a garment below their heart in order that their heart should not see their nakedness (i.e. genitalia) when they bless. And [this is] specifically with a garment, but with [one's] hands it is not [considered] covered. Rem"a: And the same rule applies if one covers their head with their hands, it is not considered a covering for the head - see below Siman 91 (Terumat HaDeshen in the name of Or Zarua) And if the water is murky such that one's body parts cannot be seen in it, it is permitted to recite while they are in it, as long as there is not a bad smell. And if one's heart is not in the water, only above the water, [then] even in clear water it is permitted (D"A)
If a person hugs one's body with their arms, it is considered a separation [between the heart and genitalia].
There is [an authority] who says that women can bless and pray when they are wearing a shirt, even though they it doesn't separate from below the heart. Rem"a: And if they are naked, their nakedness [i.e. genitalia] needs to be pressed against the ground or [they should be] sitting on another thing, because then their heart does not see their nakedness [genitalia]. Which is not [the case] with a man (Beit Yosef in the name of A"Ch) and see below Siman 96, S'if 3)
[For] the rest of one's body parts, seeing nakedness is permitted, but if any of one's body parts touches, whether it is one's own nakedness [genitalia] or one's fellow's nakedness [genitalia], it is forbidden to recite the Sh'ma or to pray [the Amidah]. And if his thighs [are such] that the nakedness [genitalia] is lying on them, then he needs to separate between them with a cloth or to distance them [i.e. the body parts] in such a way that the member does not touch them [the thighs].
If one's garment was wrapped around their waist to cover themselves from the waist down, even though from the waist up he is naked, it is permitted to recite the Sh'ma. But to pray [the Amidah] is forbidden until he covers his heart.
Siman 75
To Be Careful of Exposed Hair and the Voice of a Woman at the Time of the Recitation of the Sh'ma and So Not to Recite It in Front of the Nakedness - Containing 6 S'ifim
If a handbreadth is uncovered on a woman in a place [on her body] where the practice (lit. way) is to cover it, even if it his wife, then it is forbidden to recite the Recitation of the Sh'ma in front of her. Rem"a: And there are those who say that this is specifically with respect to his wife, but with another woman even less than a handbreadth is [considered] nakedness (Hagahot Maimoni Chapter 3). And it seems from the words of the Rosh that a handbreadth on a woman is [considered] nakedness even [in regards] to another woman, except that to herself she is able to recite [the Recitation of the Sh'ma] even though she is naked like was said earlier in Siman 74.
The hair of a woman that it is the practice (lit. way) to cover is forbidden to recite [the Recitation of the Sh'ma] in front of it. Rem"a: Even his wife . But unmarried women for whom it is their way to go with an uncovered head, it is permitted. Rem"a: And so too is the law with the hairs of women that regularly come out of their covering (Beit Yosef in the name of Rashba) and certainly foreign hair (i.e. a wig) even if it is her practice to cover (Hagahot Alfasi haChadashim).
One should be careful from hearing a woman's singing voice at the time of the Recitation of the Sh'ma. Rem"a: And even with his wife. But a voice that one is familiar with is not [considered] nakedness. (Beit Yosef in the name of the name of Ohel Moed and Hagahot Maimoni)
It is forbidden to recite [the Recitation of the Sh'ma] in front of "nakedness", even that of a non-Jew and so too in front of the "nakedness" of a minor it is forbidden. And there are those that permit [it] in front of the "nakedness" of a minor so long as [the child] is not considered capable of sexual intercourse (Rabeinu Yerucham - the Rosh on Chapter "Mi Shemeito" and Mahara of Prague). And that is the main opinion. (see Yoreh Deah, Siman 265)
If there is "nakedness" behind a [glass] lamp and one sees it through the [glass] walls [of the lamp], it is forbidden to recite [Sh'ma] in front of it, as is written, "...let Him not find anything unseemly among you" (Deut. 23:15) and here, it is seen.
If there was "nakedness" if front of someone, and they turned their face from it, or closed their eyes, or it is at night [and they could not see it], or one is blind, it is permitted to recite [Sh'ma] for the Merciful One conditions it on seeing, and behold this is not seeing.
Siman 76
To Be Careful of Excrement at the Time of the Recitation of the Sh'ma. Containing 6 Se'ifim
Excrement [that is seen] through a [glass] lamp - it is permitted to recite in front of it even though one sees it through the [glass] walls [of the lamp] because the Mericful One conditions [it] on being covered, as is written "And you shall cover your excrement" (Deuteronomy 23:14), and here, it is covered.
If there is excrement in a hole, one may place their shoe over it and recite [Sh'ma] for it is considered to be covered, and since there is no bad smell that reaches him, it is permitted. And this is as long as his shoe does not touch it (ie. the excrement).
If excrement passes in front of a person, it is forbidden to recite [the Recitiation of the Sh'ma] in front of it. And the mouth of a pig is like excrement passing, even if it is coming out of the river, the washing does not help it [such that one can recite the Sh'ma], for it is like a container with excrement.
If there was excrement on one's skin and it is covered with their garment or if one inserted their hands into a bathroom via a hole and they can't smell a foul odor, there are those who permit to recite and there are those who forbid. And there are those who say that the one who permits did not permit regarding excrement on the skin except in a place that covers itself without clothing, for example the armpit. And it is proper to do according to the words of the strict one. Rem"a: And semen on one's skin: its rule is like excrement (Maharil, Hilkhot Yom Kippur)
Excrement on the anus, even if it is covered, it is forbidden to recite according to everyone, even if it isn't visible when one is standing and visible when one is sitting.
If there was a little bit of excrement in front of a person, they can nullify it with spit - they should spit on it and then may recite in front of it, as long as the spit is thick. And [this] nullifying is only effective temporarily, but if one did not read immediately and the spit [then] became softened and absorbed into it, it is not nullified.
If there is a doubt if there is excrement in the house, it is permitted to recite for it is presumed that a house does not have excrement in it. If there is a doubt if there is excrement in a garbage dump, it is forbidden [to recite] because it is presumed that a garbage dump has excrement in it. But if there is a doubt regarding urine, even in a garbage dump, it is permitted because the Torah did not forbid reciting in front of urine, except in front of an uninterrupted stream. And after it fell, it was only forbidden rabbinically, and in [a case of] doubt, they did not decree.
If one read in a place where it is proper to be doubtful about excrement and found it afterwards, they must go back and recite [again somewhere else]. But if the place was not proper to be doubtful about [excrement in] it (ie. there's no reason to suspect that there is excrement there), one does not need to go back and recite. And urine, even if one found it in a place that is proper to be doubtful, there is no need to go back and recite.
Siman 77
Not to Recite [the Recitation of the Shema] Opposite Urine - Containing 2 Se'ifim
It is forbidden to recite opposite urine until one has poured a revi-it of water into it, and then it is permitted. And it makes no difference whether it is on the surface of the ground or in a vessel - as long as it is not in a special chamber pot that's designated for it [And for the law of the chamber pot see below Siman 87]. It makes no difference whether it was in a vessel first and water was poured into it or the water is in the vessel first.
A revi-it [of water], that they said [is required to be poured onto urine in order to render it permissible to pray in front of] is for one urination, and for two times (ie. two urinations), two revi-i-ot [are required], and for three [urinations], three [revi'ot are required]Rem"a: And so on and so on.
Siman 78
One Who Needs to Urinate at the time of Recitation [of the Sh'ma], containing 1 Se'if
If one was reciting, and urine began flowing onto their knees, they should pause until the flow stops, and [then] return to recite - even if it fell on his garments and it had [enough] moisture to moisten [a surface which could in turn moisten another surface], since it is covered by one's clothing (ie. he had another layer of dry clothing on top of the wet one) [they can continue to recite]. And if urine fell on the ground, one should distance from it 4 amot. Rem"a: Or [they should distance themselves] the amount that will be clarified below in Siman 82, or one can wait until it is absorbed into the ground [The Ri, Chapter 2 of B'rachot] And even if one delayed enough to finish all of it [i.e. the recitation], there is no need to go back [in the recitation] other than to the place that one paused. Rem"a: And there are those who say that if one delayed enough to finish all of it, they must return to the beginning, and this is the main [position that one should follow] like what I wrote above in Siman 65. And it is calculated according to the [time it would take the particular] reader.
Siman 79
One Who Happened Across Excrement at Time of the Recitation [of the Sh'ma], Containing 9 S'ifim
If there was human excrement behind him, he must distance himself 4 amot from the place where the smell ceases. Even if he has a sickness where he cannot smell, he must distance himself 4 amot from the place where the smell ceases for a person who is able to smell. And [if it is] in front of him, he must distance himself so it is out of site, even at night or if one is blind (Responsum of the Rashba, Siman 168, Beit Yosef in the name of the Ri) - where he cannot see it - he needs to distance himself until a place where he could not see it [if it was] in the daytime. And if it is to his side, the rule is like [when] it is behind him.Rem"a: A prayer-leader that is praying and there is excrement in the synagogue or house in which he is praying: even if it is behind him anywhere in the house, he needs to [stop the prayers and] be quiet until it is removed [from the house], since he is fulfilling the obligation of others and it is impossible that one of the congregants is not within 4 amot of the excrement. (New Hagahot of Mordechi, chapter "Tefilat haShachar") And see below at the end of Siman 90 (And see below Siman 87 in the laws of excrement in the house)
If it (ie. the excrement) was in a place higher than 10 t'fachim [above him] or 10 below [him] or it was in one house and he is in another house [that's connected], even if the [connecting] door is open and he is sitting at the side [of the door] and sees it: if it does not have a smell, he may recite [the Sh'ma]. Because since it is in a different domain, we can still call it as [having fulfilled the mitzvah of] "...and your camp shall be holy" (Deuteronomy 23:15) according to the Rosh. But according to the Rashba, it's only when he doesn't see it. And if it has a smell, a separation is ineffective and [also] a change in domain is not [effective]. And there are those who say that just as a separation is effective in regards to excrement itself, so too it is effective for its bad smell.
A small courtyard that is completely breached into a large [one], and the large [one] has some remainder on both sides (ie. it is wider on both sides). The small [one] is not considered like a house in and of itself since it was completely breached into the large [one], but the large [one], since since its walls extend past the small [one] from this side and that side, it is considered like a house in and of itself. Therefore, if there is excrement in the large [one], it is forbidden to recite [the Recitation of the Sh'ma] in the small one, until one distances [oneself] according to the [required] measure. And if the excrement is in the small [one], it is permitted to recite in the large [one], without distancing if a bad smell doesn't reach him.
Dog or pig excrement - if hides have been placed in them [for tanning], we distance from them as from human excrement; and if not, their law is like the law of excrement of other domesticated animals, wild beasts and birds, that there is no need to distance from them if they do not have a bad smell. And if they do have a bad smell, their law is like human excrement.
Moist excrement of a donkey after it comes from a journey and excrement of a cat or a weasel or a stinking carcass - their law is like human excrement. And one who goes on the road, despite that he sees the excrement of an animal opposite him, if the smell does not reach him he does not need to be concerned about the minority (ie. the small likelihood) - to assume it was of a donkey. And [if one is] close to a city, there are those who say that we should be concerned since the majority of animals that are found there are donkeys. Rem"a: in a place where donkeys are common
In the [Talmud] Yerushalmi [it states that] it is forbidden to recite in front of urine of a donkey after it comes from a journey and in front of the excrement of red roosters.
Excrement of roosters that go in the house, their ruling is like excrement of a domesticated animal, a wild beast, and bird, but their coop has a stench, and its ruling it like the excrement of a human.
It is forbidden to recite [the Recitation of the Sh'ma] in front of a garbage heap that has a bad smell.
If a wind from "below" went out from a person (ie. they passed gas), he is forbidden from [studying] words of the Torah until the smell ends. And if it went out from one's fellow, it is permitted to [study] words of Torah because it is impossible [to study otherwise]. Because the students - some of them are studying and some of them are sleeping and passing gas in their sleep. But to recite the Sh'ma is forbidden until the smell ends.
Siman 80
One Who is Not Able to Guard [Themselves] from Flatulence. Containing 1 S'if:
One whose health is such that they are not able restrain themselves from flatulence until they complete the Sh'ma and prayer [i.e. the Amidah] - it is better that they should let the time of the Recitation of the Sh'ma and prayer pass and not pray [during that time] than to pray without a clean body. And if the time of prayer passed, they are considered to have had an extenuating circumstance, and they should pray [the] mincha [Amidah] twice. And if it seems to him that he is able to restrain himself at the time of the Recitation of the Sh'ma, he should don his tefillin between Ahavah [Rabbah/Olam] and the Recitation of the Sh'ma.Rem"a: and one blesses over them [Tur]
Siman 81
Laws of the Excrement of a Child, containing 2 s'ifim
A child who has arrived at [an age that] generally other [children] similar to him can eat an olive-size amount of grain in [span of time] that an adult could eat a half-loaf, we distance ourselves from his excrement or urine.
If one was reciting [the Sh'ma], and saw excrement in front of them, they should go such that they put it behind them by 4 amot. And if that is not possible, for example, there is a river or another thing that prevents [going], they should go such that they place it 4 amot to the side. And one does not have to go back [and recite from the beginning] rather to the place they stopped. And according to Rabbeinu Yonah, if one was in a place where they should have given attention to [the fact] that there is excrement there, they need to go back to the beginning (And see above Siman 76, se'if 8)
Siman 82
The Laws of Dry Excrement, containing 2 s'ifim
Excrement which is so dry that if one throws it, it crumbles apart, behold it is like dirt and it is permitted to recite [the Sh'ma] in front of it. And this is if it does not have a bad smell. Rem"a: There are those who say that it is not like dirt unless it crumbles when rolled without throwing it, and such is the correct [opinion] (Rashi and the Rosh on chapter "Mi sheMeito" and Tur)
Urine that was absorbed into the ground - if it [could] moisten the hand, it is forbidden to recite in front of it. Rem"a: And there are those who say that it is not forbidden unless it is moist enough to moisten another thing, which in turn can moisten another thing. And one may rely on this [opinion].
Siman 83
Laws of the Bathroom with [regard to] the Recitation of the Sh'ma, containing 5 S'ifim
It is forbidden to recite [the Recitation of the Sh'ma] facing an old bathroom, even if excrement has been emptied from it. And it seems to me that this is when there are no partitions, but if there are partitions, even though there is excrement, one may recite facing it, adjacent to it, and they need not be concerned as long as no bad smell reaches them.
If they designated [an area to be used as] a bathroom and it still hadn't been used, it is permitted to recite facing it, but not within it.
If one said "this room will be a bathroom", and said regarding another room, "and also this", their status is the same. And if one said regarding the second, "and this room" and didn't say "and also this", behold the second is uncertain whether it was designated for such or not. Therefore, we do not recite in it from the outset, but if one recited in it, they fulfilled their obligation.
A bathroom that is [a dug out] pit and its mouth is 4 cubits distant from its depression, and it is designed on a slant so that the excrement rolls and falls a distance immediately, and similarly urine falls immediately into the depression - it is regarded as a closed bathroom and it is permitted to recite next to it as long as there is no bad smell from it and also people do not urinate [on the ground] outside of the depression. Rem"a: But if people do urinate on the ground around it occasionally, it is forbidden to think about matters of Torah there, and all the more so to recite the Sh'ma (Hagahot Maimoni)
People that have a bench with a hole in it and [into which they] defecate into, it is permitted to recite the Sh'ma in front of it since there is no excrement on the hole, and also the container [which holds the waste] is not under the hole (ie. it's currently not there), and additionally the hole is always covered with a board. [And all who recite in a place that we may not recite goes back and recites [again] (Maimoni Ch. 3)]
Siman 84
Whether It is Permitted to Recite in the Bathhouse, containing 1 s'if
A new bathhouse in which they have not washed - it is permitted to recite in it. And in an old [i.e. existing] one: in the outer room in which all who stand there are dressed, it is permitted, and in the middle room, where some who are standing there are dressed and some are standing there naked, one may greet another with the word "Shalom" (which is one of the names of God) , but may not the recite the Sh'ma or the Prayer [i.e. Amidah]. Rem"a: and it is permitted to contemplate words of Torah there (Ran, Perek 1 of Shabbat and Perek "Kol haTz'lamim") And in the inner room where everyone is naked, even greeting others with the word "Shalom" is forbidden. And it is forbidden to respond "Amen" in a bathhouse (Ran, Perek Kirah)
Siman 85
In Which Places is it Forbidden to Recite the Recitation of the Sh'ma, containing 2 s'ifim
A person should not go into filthy alleyways and place their hand over their mouth [to prevent them from hearing themselves] and recite the Sh'ma. And even if one was [already] reciting and came [to the alleyway], they must pause when they arrive at the filthy alleyway. And when they come out from there, even if they delayed as long as it would have taken to complete all of it, they do not need to go back [and repeat], except to the place that they paused. Rem"a: And there are some who say that they go back to the beginning, and this is correct ruling (see above Siman 65)
Even to consider matters of Torah, is forbidden in the bathroom, and in the bathhouse, and in a filthy place - and this is in a place in which there is excrement or urine. Rem"a: and it is even forbidden to study the laws of the bathhouse in the bathhouse (Ran: Perek "Kirah" and Nimukei Yosef in the name of Orchot Chaim). It is permitted to speak of secular matters in the holy tongue there. And similarly, nicknames [for God] such as Merciful One, Faithful One, and similar, it is permitted to say them there. But the names that may not be erased - it is forbidden to mention them there. And if one happened upon someone there [who is doing something that is prohibited, and they are required] to restrain them from that prohibited matter, they may restrain them, and even using the holy tongue and even regarding holy matters. Rem"a: And in a place that it is permitted to contemplate matters of Torah [but not discuss them], it is permitted to rule in a matter of law as long as one does not say the rationale regarding the matter (Ran Perek 1 of Shabbat and Perek "Kol haTzlamim").
Siman 86
One Needs to Distance Oneself from Foul Water, containing 1 s'if
Foul water or steeping water that is used for steeping flax or hemp - one needs to distance from them as from excrement.
Siman 87
How Much One Needs to Distance at the Time of the Recitation of the Sh'ma from a Chamberpot Used for Excrement, containing 3 s'ifim
A chamberpot used for excrement and a receptacle used for urine, [whether made] of earthenware or wood - one needs to distance from them as from excrement, even if one poured water into them. But if they are of metal, glass, or coated earthenware, it is permitted if they are washed well.
A chamberpot or receptacle of earthenware or wood that is upturned on its opening, there are those who permit and there are those who forbid, and the halakhah (law) is like those who forbid.
It it permitted to recite the Sh'ma in a house in which there is excrement or urine or a chamberpot [used for excrement] or receptacle [used for urine] as long as one has distanced from them the amount that was clarified in Siman 79. And similarly, if one inverts a vessel over them, even though they are with him in the house, behold it is as if they are buried and it is permitted to recite opposite them.
Siman 88
One Who Has Had a Seminal Emission is Permitted In the Recitation of the Sh'ma, containing 1 s'if
All those who are ritually impure may read from the Torah, recite the Sh'ma, and pray [the Amidah] - except for the baal keri (one who has an emission) who was excluded by Ezra from the rest of the ritually impure, and he [Ezra] prohibited him (the baal keri) from words of the Torah, the Recitation of the Sh'ma, or prayer [i.e. the Amidah] until he immersed, so that scholars would not be found to be [frequently intimate] with their wives like roosters. And afterwards they annulled that enactment, and they stood the matter on it's [original] law, that even the baal keri is permitted with regard to words of Torah, the Recitation of the Sh'ma, and prayer [i.e the Amidah] without immersion and without washing with nine kabs [of water], and such is the widespread custom. Rem"a: There are those who wrote that a menstruant woman in the days when she sees [blood] may not enter the synagogue or pray [the Amidah], or mention the Name, or touch the [Torah] scroll (Hagahot Maimoni ch. 4). And there are those who say that she is permitted in all [of those], and that is the correct opinion (Rashi, Laws of Niddah). But the practice in these lands [Ashkenaz] is according to the first opinion. And in the "clean days" [after menstruation, but before immersion] it is permitted [to do these things]. And even in a place where they are stringent during the High Holidays and similar days, where many assemble to go the synagogue, they are permitted to go to the synagogue like the rest of the women, for it would cause great sadness for them, that all are assembled and they stand outside (Terumat HaDeshen, Part II 132).
Siman 89
The Laws of Prayer [i.e. the Amidah] and its [Proper] Time, containing 8 s'ifim
The time for the morning Tefillah (i.e. Amidah): its commandment is that it should begin with the "blossoming" (i.e. rising) of the sun, as it is written, "They will revere You with the sun (Psalm 72:5)." And if one prayed from the [time of] "the pillar of the morning" (i.e. dawn) and the appearance of the east has become light, one has fulfilled [one's obligation]. And its time continues until the end of four hours which is a third of the daytime. And if one erred or transgressed and prayed after the fourth hour until noon, even though one does not have the [same] reward as praying at its [proper] time, in any case there is still a reward of prayer. Rem"a: And after noon it is forbidden to pray the Tefillah of the morning (Beit Yosef in the name of the Rashba [Rabbi Shlomo ben Adret], Chapter: "Morning Prayer") . And see below, the beginning of Siman 108].
When the time of prayer has arrived, it is forbidden for a person to arrive early to the door of one's friend to greet him (lit. "give them a 'shalom'"), since the name of the Holy Blessed One is "Shalom", but it is permitted to say to him, "Good morning, sir" (tzafra d'mari tav). And even this is not allowed other than when it is needed to go to see to a matter of business, but if one is only going to greet (i.e. for a purely social purpose) before prayer, even this phrase is forbidden. And it is also forbidden to bow to them [in greeting] when one gets up early to go to his door (ie. before praying). And there are those that say that bowing is forbidden even when you do not get up early to go to his door. And if one has begun to bless the [morning] blessings (after this) there is no concern with any of this. And if one does not get up early to go to his door, but rather encounters him on the way, it is permitted to greet him (give them a "shalom"). And there are those that say that even if one finds one's friend in the marketplace, one should not say to him anything other than "Good morning, sir", since this reminds (lit. "gives heart") [him] that it is forbidden to to delay with other matters until one prays.
It is forbidden to busy one's self with his own needs or to get on the road before praying the prayer of 18 [i.e. the Amidah] (and there are those who are lenient [to allow this] after they have said some of the blessings before saying Baruch She-amar, but is good to be stringent in this - Terumat HaDeshen 18) nor may one eat or drink, but one may drink water before prayer, both on a weekday and on Shabbat or Yom Tov, and likewise, foods or drinks for medicinal purpose is allowed.
One who is thirsty and one who is hungry - behold they are in the category of the ill. If one has the ability to focus one's mind, one should pray. If not, if one wishes, one should not pray until eating or drinking.
If one began to eat before dawn, one must stop. And there are those that say one does not need to stop.
Even to learn is forbidden once the time for prayer has arrived. And this is regarding one who normally prays in his house of study and does not normally go to synagogue, as there is reason to be concerned that he will become absorbed in his learning and the time of the Recitiation of Sh'ma and of prayer [i.e. the Amidah] will pass. But [for] one who normally goes to synagogue [to pray] - it is permitted. And if one is [in the middle of] teaching others, even if he does not normally go to the synagogue [to pray], it is permitted [to continue learning] since the time will pass, for [teaching Torah to others which is] a benefit to the people is a great matter, and if they do not learn now, they will sit idly and they will not be able to learn.
It is permitted to get a hair cut and to enter the bathhouse close to the time of Shacharit since they (ie. the Sages) only decreed [to not do those things] close to the time of Mincha since it is common [for people to do those things in the afternoon].
In an extenuating circumstance, for example, if one needs to get up early for a journey, he may pray [the Amidah] at dawn, and wait to recite the Sh'ma until the proper time has arrived [if it is possible for one to recite the Sh'ma on the journey, that is, if one will be able to have proper concentration for the first verse , as was explained above in Siman 58.] (Beit Yosef in the name of the Rashb"a). And even though [by doing this] one is not adjoining [the blessing of] redemption [that immediately precedes the Amidah] to the [Amidah] prayer it is still better to pray in one's house while standing (ie. with proper concentration) than praying at its proper time while going [on the road] and [being able to] adjoin redemption to the prayer.
Siman 90
A Place Appropriate to Pray. And to Pray with the Congregation and the Law of One Who Travels, containing 27 s'ifim
One who prays should not stand on a bed, a chair, a bench even if they are not 3 [hand-breadths tall] (Beit Yosef in the name of Mahari"ya), and not on top of any high place, except if one was old or sick [and thus cannot descend], or if one's intent was to make the congregation hear one [i.e.: a chazzan].
The measure of a high place is three hand-breadths. If it is three [hand-breadths] tall, and it has an area of four cubits by four cubits, it is like an upper story and it is permissible to pray upon it. And so too, if it was surrounded by dividers, even if it is not an area of four [cubits] by four [cubits], it is permissible to pray upon it, for its height is not recognized once its domain is separated.
The laborers doing labor for the house-owner may pray on the top of the olive tree and at the top of the fig tree, and [the rule of] 'One should not stand on a high place and pray' does not apply in this [case]. Since they have ascended to do their labor, behold they are like someone who ascended to the second story of a house. But with regard to all other trees, it is necessary to descend. And the reason that [the rule of] the olive tree is different from all other trees is because they have many more branches than other trees and thus it is a hardship to ascend them and descend them, and they [the laborers] will be interrupted from their work. And therefore, they said that they should pray there. But regarding the other trees, which do not cause interruptions from work [due to the ease of descending and ascending], they should descend. And the house-owner (ie. the employer), even at the top of the olive or date tree, must descend to pray, for he is not indebted to [his] labor, in that he is on his own property. And even though they were lenient regarding workers because of breaks from work, they were not lenient regarding the house-owner.
It is necessary to open doorways or windows facing Jerusalem, so as to pray opposite them. And it is preferable for a synagogue to have twelve windows.
One should not pray in a breached place, like in a field, for when one is in a private place, the fear of the king falls upon him and his heart breaks [in prayer].
And [one should] not [pray] in a ruin, because of suspicion, because of collapses, and because of the evil spirits.
Neither should one pray behind a synagogue, if one does not face the synagogue. Behind a synagogue means the side of its opening, which is opposite the side that the community faces when they pray. There are commentators that take an opposing view [regarding the term 'behind'], and it is fitting to heed to both opinions, and even when praying on other sides on the outside of the synagogue, one should be strict to face the synagogue. All of this applies when it is evident that one is turning their back to the synagogue, but if one prays in a house attached to a synagogue and turns one's face toward the Land of Israel, as is proper, and one's back faces the wall of the house which is also the synagogue - this is permitted, because it is not evident as if one's face is turned away from the synagogue.
It is forbidden to pass outside a synagogue on the side on which the entrance opens at the time when the congregation is praying since it seems as though one is a heretic since one has not entered to pray. And if one is carrying a burden or wearing tefillin or there is another synagogue in the city, or the synagogue has another entrance, [or one is riding on an animal] it is permitted [Beit Yosef in the name of the Ri"v]
A person should make an effort to pray in the synagogue with a congregation, and if he is unable to due to an extenuating circumstance [such] that he is not able to come to the synagogue, he should intend to pray at the time that the congregation is praying [This also applies to people living in small settlements, that do not have a minyan - nevertheless, they should pray Shacharit and Aravit during the time that the congregation is praying - Sefer Mitzvot haGadol] And similarly if one had an extenuating circumstance and did not pray at the time when the community prayed, and he is praying alone, despite this, he should pray in the synagogue.
When one stands [in prayer] with the congregation, it is forbidden to advance/accelerate one's prayer [i.e. Amidah] [ahead of] the prayer of the congregation, unless the time [of prayer] is passing and the congregation is not praying [in time] since they are delaying with liturgical poems or some other reason. [But, if the time [of prayer] is not passing, one must pray the liturgical poems and the pleas with the congregation and not separate from the congregation, even to involve oneself in words of Torah - and see above, Siman 68]
One who has a synagogue in their city and does not enter it to pray is called a bad neighbor and causes exile for himself and his children.
It is a mitzvah to run when one goes to synagogue and for everything that is a mitzvah -- even on Shabbat, when it is forbidden to take long strides. But when one goes out from the synagogue, it is forbidden to run.
It is permitted to spit in a synagogue, and one should rub it with one's foot or cover it in dirt.
One should get up early to go to synagogue in order to be counted with the first ten.
If a single individual remains praying in synagogue in the fields or even in a synagogue that is in the city - if it is the evening prayer (that is prayed at night), his fellow is obligated to wait for him until he finishes his prayer, in order that he should not mix up his prayer. (And there are those who are strict [and apply this] even during the day and to our synagogues which are in the city) (The Tur and the Mordechai in the name of the R"i, and the R"i on the first chapter of Berachot). And if [the individual] lengthens his prayer with additional requests and supplications, one is not obligated to wait for him.
One who travels and reaches a city and wishes to spend the night there - if there is a place within 4 mil ahead of him where they pray with 10 [men], one needs to go there. And behind him, he needs to go back up to a distance of 1 mil, in order to pray in with 10.
There is an opinion who holds that certainly, a person should not get up early to go from a city where they pray with 10 [and miss praying with them] if it's possible to arrive at his destination while there is still much left of the day (ie. if he would have prayed back at his hometown with the minyan, there still would have been plenty of time to reach his destination) and that [as long as] he wouldn't have to go alone after the prayer.
A permanent study hall is more holy than a synagogue, and it is a mitzvah to pray in it more so than in a synagogue -- and this is as long as he will pray there with 10. Rem"a: And there are those that say that even without 10, it is preferable to pray in his permanent study hall -- and this is specifically [regarding] one whose Torah is his livelihood and he doesn't engage in other activities outside of that. [Talmidei Rabbeinu Yonah, first chapter of B'rachot] And even so, one should not accustom himself to do so in order that the common people ("amei ha'aretz") not learn from him and come to ignore the synagogue. [Teshuvat haRosh, Klal 4 and the Tur] And certainly, one should not occupy oneself with Torah in a synagogue at the time that the community is saying forgiveness-prayers and supplications. [Hagahot Alfasi haChadashim]
One should establish a place for one's prayer and not change it unless there is a need. And it is not enough to establish a synagogue for oneself in which to pray, rather one must also have an established place within the established synagogue.
One should enter [into the synagogue] the distance of two doorways, and after that pray. There are those who explain [this to mean] that one should enter the distance of two doorways, which is 8 t'fachim (handbreaths - roughly 80 cm total), so as not to sit [right] next to the door, since that would appear like it was a burden to be dwelling in synagogue. And according to this [opinion], if one has a set place next to the doorway, there is no concern. And there are those who explain that the reason for this is because one looks outside and cannot focus [one's thoughts on prayer]. And according this [opinion], if the doorway is not open to a public space, there is no concern. And there are those who explain that one should not be quick to begin praying immediately upon entering the synagogue, but should rather wait the amount of time it takes to enter two doorways. And it is proper to be concerned for all these interpretations.
There may not be anything interposing between one and the wall [while praying]. And a fixed thing such as an Ark or a leader's platform - they do not count as interpositions. And it is not considered an interposition unless it is a large thing which is higher than 10 [t'fachim (handbreadths)] and wider than 4 [t'fachim], but a small thing is not considered an interruption [Abudraham and Orchot Chayim in the name of the Ra-avad]. And so too, living creatures are not interpositions, even a human being is not an interposition. Rem"a: and it appears to me that animals are interpositions, and a human being is not an interposition, and this appears to be the reasoning of the rabbinic authorities, and it is possible that a [publishing] error has fallen into the books [which caused that incorrect ruling])
There is an opinion who holds that one should be careful not to pray behind any [other] person, and it is good to be concerned with that opinion.
[Regarding] illustrated garments, even though [the image] does not protrude (ie. like an embroidered garment), it is not proper to pray in front of them. And if one happens to pray (ie. he has no choice) in front of an illustrated garment or wall, he should close his eyes. Rem"a: And therefore, it is also forbidden to illustrate prayerbooks, so that [people's] should not become distracted [Mordechi, beginning of chapter "Kol haTz'lamim" (chapter 3 of Masechet Avodah Zarah)]. But clothes which have indecent matters illustrated on them, even to sit on them in synagogue is forbidden [Responsum of the Rosh, Siman 2, klal 5]
One should not pray beside their rabbi/teacher or behind their rabbi/teacher or in front of them. [And there are those who say that all of this only applies when one prays alone [with his rabbi], but [when praying] with the congregation, if such is the arrangement of seats, there is no concern if one prays in front of or behind him (ie. one's rabbi/teacher) (Beit Yosef in the name of the Mahary"a and Ohel Mo-ed). And even though it is good to be stringent, the custom is to be lenient If one distances oneself [from one's rabbi/teacher] four cubits, it is permitted. [And see Yoreh Deah 242:16]
A student who is a colleague [of his rabbi/teacher] is allowed to pray behind his rabbi/teacher.
Any place in which we may not recite the Recitation of the Sh'ma, we may not pray [i.e. recite the Amidah] there. And just as we distance from feces, urine, a putrid smell, a corpse, and from the sight of nakedness for the Recitation of the Sh'ma, so too we distance for prayer.
If one was standing in prayer [i.e. Amidah] and a young child urinated in the synagogue, he should remain silent [i.e. stop praying] until they bring water to pour over the urine [thus 'removing' it], or he should walk four cubits in front of it or to the side of it, or he should go out from the synagogue and finish his prayer. Rem"a: And it is better to go to a different place rather than be silent [and wait], lest one delay as long as [the time required] to finish all of it (i.e. the Amidah) and would [then] be required to return to the beginning (Beit Yosef in the name of the Rokeach, Siman 224. And see above Siman 79).
Siman 91
That One Should Gird One's Waist and Cover One's Head During the Time of Prayer: containing six s'ifim.
If there was a garment (i.e. cloak, sheet) tied around one's waist, to cover from their waist down, then it is forbidden to pray until they cover their heart (ie. put on a shirt). If one did not cover their heart or is unable due to having nothing to cover themselves, since they covered their nakedness [genitalia] and prayed, they have fulfilled their obligation.
One needs to wear a belt at the time of prayer, even if he is wearing pants, such that his heart does not "see" his nakedness, because of הכון/prepare ("Prepare to meet your God, O Israel" (Amos 4:12)). But [regarding] the rest of the blessings, it is permitted to bless them without a belt, so long as one is wearing pants. Rem"a: and one's heart does not see the nakedness (Ran, First Chapter of Shabbat and the Rosh, Chapter "ha-Ro-eh", and Hagahot Maimoni on Tefillah Chapter 5)
There are those who say that it is forbidden to mention [God's name] with an uncovered head. And there are those who say that one should object that people should not enter the synagogue with an uncovered head.
Hats ("kopilah" in the vernacular) which are woven from straw are considered a covering, but placing one's hand on his head is not considered a covering. And if another [person] places his hand on this one's head, it can be considered covering.
One should not stand with one's money-belt ("taska" in the vernacular), and not with an uncovered head or uncovered legs if it is the practice of the people of that place not to stand in front of important people unless their legs are covered.
It is the way of Torah scholars and their students to only pray while they are wrapped. Rem"a: And at a time of anger [in the world], one should clasp [his] hands during the Prayer "like a servant before his master". And at a time of peace, one should adorn himself in nice clothes to pray. (Tur)
Siman 92
One who Needs to Relieve Themselves and the Laws of Washing for Prayer, and Other Preparations for Prayer - containing 10 s'ifim.
One who needs to relieve themselves should not pray, and if they prayed, their prayer is an abomination and they need to go back and pray again. And these things said are [regarding the case] of one who is not able to hold themselves back [without using the toilet] for the amount of time it takes to walk a parasang, but if one is able to hold themselves back for the amount of time of a parasang [and prays], they have fulfilled their obligation [to pray the Amidah] after the fact. But from the outset, one should not pray until they have checked themselves well beforehand. Rem"a: And anyone who needs to relieve themselves is forbidden even from [engaging in] matters of Torah as long as their body is filthy from their waste. (Hagahot Maimoni, Chapter 4 on the Laws of Prayer)
If, while in the middle of one's prayer [i.e. Amidah], he feels an urge [to relieve himself], he should maintain himself [in prayer] until he has finished, and not interrupt. And if at the time of the Recitation of the Sh'ma and its blessings he feels an urge, regardless of whether it is for urinating or defecating, he may read it normally. Rem"a: And [this is] specifically if one does not feel so much of a urge that there is an element of "Do not cause an abomination" (Leviticus 20:25). But if this is not so, it is better to interrupt [one's prayer and use the toilet] (Responsum of the Rashb"a, section 131, who ruled that it is permissible, and the Terumat haDeshen section 16, who ruled that it is prohibited. And one needs to distinguish such [i.e. between those sources]) And if one wanted to distance himself and urinate [during the Recitation of the Sh'ma and its blessings], he may.
One needs, before the prayer [i.e. the Amidah], to rid himself of his mucus and phlegm and anything which [might] distract him.
One needs to wash one's hands with water if he has [it]. If one does not have [water], he needs to travel up until [the distance of] one parasang [to find it]. And this is specifically when one is traveling on the road and water is found ahead of him. But if he needs to travel backwards to the location of the water, he [only] needs to travel up to a mil; [but] more than a mil, he does not [need to] go back. And if one is worried about missing the time of prayer, he should clean his hands on a rock or in dirt or in any cleaning substance [and see below, Orach Chayyim 233]
If one washed his hands in the morning, and he got distracted, they need a [re-]washing for prayer if he has water, even if one does not know whether they [i.e. his hands] have any dirt [on them], and he should not bless [for the washing of their hands]. And if he does not have readily available water, he do not need to go back and wash. Rem"a: And even if his hands were dirty and he washes them for prayer, he should not bless - and see above Orach Chayyim 6
One who is standing in prayer [i.e. the Amidah] and recalls that he touched a dirty place, it suffices for cleansing [to use] dirt or rocks or rub his hands on a wall.
A dirty place is [referring to] places that are [normally] covered on a person['s body] because they have beads of sweat on them, and similarly with scratching the head. Rem"a: And therefore it is forbidden to touch these places at the time that one stands in prayer [i.e. the Amidah] or is engaged with the Torah (Kol Bo). And similarly with discharge of the ear [wax] and nose [mucus] except by means of a cloth (Maharil)
One who urinates should not pray until enough time has elapsed [between ending urination and beginning prayer] to walk four cubits, because of [lingering] drops [of urine]. And one who prayed [already] should not urinate until enough time has elapsed to walk four cubits, since for the entire 4 cubits, one's prayer still flows in one's mouth and one's lips are still moving.
One who spits should not pray until enough time has elapsed [between ending spitting and beginning prayer] to walk four cubits. One who prayed [already] should not spit until enough time has elapsed to walk four cubits. And [this is] specifically [when one spits] on purpose, but if spittle happens to come forth on it's own, it is permitted. [See Orach Chayyim 97]
It is good to give tzedakah (donate to charity) before prayer.
Siman 93
Before One Prays, One Needs to Wait: containing 4 s'ifim.
One should wait one [halakhic] hour before he rises to pray [the Amidah] in order to focus his heart to the Omnipresent. And [one should wait] one [halakhic] hour after the prayer, so that it should not seem like a burden to him, that he is quick to leave it.
One should stand to pray with reverence and humility and not in the midst of laughter, frivolity or purposeless matters, and not in the midst of anger. Rather [he should pray] in the midst of joy, like the words of comfort from the Torah, for example those that follow the redemption from Egypt [i.e. the blessing after the Recitation of the Sh'ma] or that follow Tehila l'David [i.e. Psalm 145], where it is written in it "He will do the will of those who revere Him" [and] "Hashem guards all those who love Him." [Psalms 145:19-20].
We do not stand to pray in the midst of (ie. immediately after) judging a case, or in the midst of [studying] Jewish law, so that one's heart will not be troubled with it (ie. he will be distracted by it), rather [we stand to pray] in the midst of [studying] conclusive Jewish law. Rem"a: For this is also like being in the "midst of joy", because of [the verse] "the precepts of Hashem are upright, delighting the heart" [Psalms 19:9] (Tur, Orach Chaim 93:1)
One who is engaged in communal needs is like someone who is engaged in Torah, meaning, in regards to standing in midst of it to pray, that it too is a joy for the one who is engaged in communal needs. And there are those who explain that this [comparison] means that one does not need to interrupt [serving communal needs in order] to pray.
Siman 94
When he gets up to pray if he was standing outside the Land of Israel, he should return his face toward the Land of Israel and focus also on Jerusalem and to the Temple and to the Holy of Holies. If he was standing in Jerusalem he should return his face to the Temple and focus also to the Holy of Holies. If he was standing behind the (Ark) he should return his face to the (Ark)....
If one prays [facing] one of the other directions, one should turn one's face to the direction of the land of Israel if one is in the Diaspora; and to Jerusalem if one is in the land of Israel; and to the Temple if one is in Jerusalem. Gloss: And we who turn our faces to the east, it is because we dwell to the west of the land of Israel, and so our faces are towards the land of Israel (Tur, Orach Chaim 94:1 and Sefer Mitzvot Gadol). We do not make the place of the ark [in our synagogue] and the direction of prayer exactly opposite the sunrise because that is the way of the heretics; rather we direct [ourselves] opposite [the direction of the sun] in the middle of the day (Hagahot Alfasi haChadashim) And one who wants to uphold their saying (i.e. that of the Sages): "The one who wants to gain wealth turns northward or to gain wisdom turns southward", nevertheless should turn one's face towards the east
One who is not able to determine the [compass] directions, [should] direct one's heart to one's Father who is in Heaven.
If one was riding on a donkey, there no need to get down and to pray even if one has someone to hold on to his donkey, rather, one [should] pray while he is going. And so too, if one was on boat or on a wagon - if he is able to stand, he [should] stand, if not, he [should] sit in his place and pray. Or if one was walking by foot, he [may] pray while he is going, even if he is not facing towards Jerusalem, even if he is not in a dangerous place, because if he would stand and pray, the delay in his travels would be difficult in his eyes, and he would become anxious and would not be able to focus. And all [this] is according to the route and according to the place and according to one's fear and peace of mind. And there are those who are strict to stand during Avot [i.e. the first blessing of the Amidah]. And it is appropriate to heed them if one is not in a dangerous place.
If one is sitting on a boat or on a wagon: if he is able to stand up at the place [in the Amidah prayer] of bowing, [then] he [should] stand so that he is bowing while standing and [while taking the] 3 steps [back at the beginning and end of the prayer]. Rem"a: Even though one is sitting for the entire prayer, nevertheless, if it possible for him to stand, he [should] stand in order to fulfill [his obligation to] bow and take the [3] steps properly (Beit Yosef in the name of S"Ch). And if it is not possible for him, for example when he is riding on an animal, he [should] guide the animal to take 3 steps behind it, and it is counted for him as if he is taking steps himself (Hagahot Alfasi haChadashim, end of chapter "The Morning Prayer"
One who is sick [may] pray even lying down on one's side, as long as he is able to concentrate (And if it is not possible from him to pray, nevertheless, one should meditate in one's heart, as it says "Ponder [it] on your bed" [(Psalms 4:5)] (Beit Yosef in the name of Orchot Chaim and Pesikta).
One who has [dangerous] non-Jews on either side of him and fears that perhaps they will interrupt one's prayer [i.e. Amidah] or will cause a loss of one's merchandise: one may sit in one's place and pray since one's mind is not settled regarding it. And even though one needs to take three steps [back] at the end of the prayer, [nevertheless, here] one [just] sits and prays and bows.
One should be careful to not support oneself on a pillar or on one's friend at the time of prayer.
One who must pray sitting, when he is able to he must return and pray standing. And he does not need to add anything in it. Rem"a: And one who is traveling and is near a hotel, if he can remove himself from the road in a place where travelers will not interrupt him, he should remove himself. And he should not pray in a hotel of idol-worshipers so that the residents do not confuse him. But if it is impossible for him to remove himself from the road in a place that they will not interrupt him, he should pray in a hotel in any corner. (Terumas Hadeshen)
Siman 95
The Position of One's Limbs at the Time of Prayer, containing 4 s'ifim
One should position one's feet next to each other as though they are one, in order to imitate angels, as it written regarding them: “their feet were a straight foot” [(Ezekiel 1:7)], which is to say their feet appeared as one foot. (Some say when one stands to pray one should take three steps forward in the way of coming close and approaching a matter that must be done.) (Rokeach)
One should bend one's head a little so that one's eyes will be downwards to the ground and one should consider oneself as if one is standing in the Beit Hamikdash, and in one's heart, one should direct [oneself] upward towards the heavens.
One should place one's hands over one's heart, as if bound (i.e. as if connected), the right [hand] over the left, and stand like a servant before one's teacher with terror, awe, and fear. And one should not place one's hands on one's hips, because that is the way of haughtiness (and see below in the beginning of Orach Chayim 97).
It is proper to position one's feet [together] also at the time one is reciting Kedushah with the prayer-leader.
Siman 96
That One Should Prevent All Distractions in Order to Concentrate, containing 2 s'ifim.
When one is praying, one should not hold in one's hand tefillin, and not a book of holy writings, and not a full plate, and not a knife, or money, or a loaf [of bread] because one's heart is [focused] on them that they should not fall, and one will be distracted and will lose one's focus. And [regarding] a lulav at its time [i.e. performing its mitzvah]: it is permitted to hold it in [one's] hand, [and] since the holding [of it] in one's hand is the mitzvah, one will not be distracted because of it.
It is permitted to hold a prayerbook in one's hand at the time that one is praying, [and] since one is holding it for the purpose of the prayer itself, one is not distracted [by it]. It is similar to [holding] a lulav, that since its "taking" is the mitzvah, one is not distracted. Gloss: Nevertheless, if [the prayer book] was not in one's hand before one started [praying], one should not go looking for it during [the middle of the] prayer [i.e. Amidah] to pick it up, unless it is the case that it was in a particular place which one prepared. Then it is permitted to pick it up, even in the middle of the prayer, in order to pray from it (Rabbeinu Yonah - [Tractate Berachot - Chapter 3] "Mi Shemeito")
Siman 97
One Should Not Belch or Yawn During the Prayers, containing 5 s'ifim
One should not belch (i.e. one brings out from his body to his mouth, a blowing, as a result of one's satiation - "ritiur" in Old French) nor yawn (i.e. the palate of one's jaws opens to bring forth a breath from the mouth). And if one needs to yawn due to a compulsion, one should place one's hand over one's mouth so that its opening will not be seen. And one should be careful to not place one's hand on one's chin during prayer, for that is the way of haughtiness (Tur and the Ri"f).
It is forbidden for one to spit [while praying the Amidah], and if it is impossible for one not to spit, one should absorb into one's clothing in such a way that it is not visible. And if one is sensitive [i.e. one cannot stand to see something disgusting] and one is not able to absorb it into one's clothing, one should cast it behind oneself. And if it's impossible to cast it behind oneself, one should cast it to one's left, but not to one's right and all the more so, in front of one is prohibited [Rabbeinu Yonah - (Tractate Berachot - Chapter 3) "Mi Shemeito"]. And this that [it says] below at the beginning of Orach Chayim 123, that [when taking 3 steps back at the end of the Amidah] one turns one's face to the left side first because that is the right [side] of the Holy One Blessed Be He [who is opposite one], it is possible to say the reason is since the Shekhina [the Indwelling Presence of Hashem] never goes below 10 [handbreadths], and if so, the Shekhina is not directly in front of the one praying, and therefore, they gave honor to the right [side] of the person in [regards to] spitting at the time of praying. But when stepping 3 steps back, the person is distancing oneself from the place of his prayers, and now one is opposite the Shekhina, and therefore he gives "Shalom" (i.e. one says the words "Oseh Shalom Bimromav" - "He who makes peace up above") to one's left, for then it is opposite the right of the Holy One Blessed Be He [Beit Yosef in the name of his father].
If a louse bites [a person in the middle of praying the Amidah], one should use one's garment to remove it so that one will not lose one's concentration, but one should not remove it with one's hand. Gloss: And this is specifically at the time of the prayer [i.e. Amidah], but when not at the time of the prayer [i.e. Amidah], one may take the louse [with one's hand] and to throw it away in the synagogue [Ohr Zarua]. And see above in Orach Chayim 4:18.
If one's tallit slipped off from its place [on one's shoulders], one may grab it and return it [to its place]. But if it fell [off] entirely, one may not return [it] and wrap in it again for that would be an interruption.
One who is carrying a load on one's shoulders and the time of praying has arrived: [if it (i.e. the load) is] less than 4 kavs, one may leave it behind one (i.e. let it dangle behind one) and pray. [But if it's] 4 kavs [or more], one places it on the ground and then prays.
Siman 98
One Needs to Have Concentration While Praying, containing 5 s'ifim:
One who prays needs to concentrate on the meaning of the words which one brings forth from one's mouth. One should consider [it] as if the Divine Presence is opposite one, and remove all distracting thoughts from one, until one's thought and intention remain purely about one's prayer. And one should consider [it] as if one were speaking to before a king of flesh and blood, and one were organizing one's words beautifully and concentrating on them so as not to stumble, all the more [one should do so] before the King of kings of kings, the Holy One, who is Blessed, who examines all thoughts. And so did the pious ones and the men of action, who would seclude themselves and concentrate on their prayers until they would transcend [their] corporeality and strengthen [their] mental power, until nearly arriving at the level of prophecy. And if another thought comes to one in the midst of the prayer, one should be silent until the thought is eliminated. And one should think about things that humble the heart and concentrate it on one's Father in Heaven, and not think about things that contain levity ("light-headedness"). Gloss: Before prayer, one should think about the loftiness of God who is raised up and the lowliness of humanity, and remove all human pleasures from one's heart (Ri, beginning of chapter "Ein Om'din" [Berachot Chapter 5] ). And it is forbidden for a person to kiss one's small children in synagogue, in order to fix in one's heart that there is no love like the love of the Omnipresent Who is Blessed (Binyomin Ze'ev siman 163 and Agudah Chapter "Keitzad Mevarchin" [Berachot Chapter 6]).
One should not pray in a place where there is something that negates one's concentration, and not at a time that negates one's concentration [Tur in the name of R. Meir of Rothenburg, Hagahot Maimoni on Chapter 4 from the Laws of Prayer]. And nowadays we are not careful with all of this since we are not able to concentrate so much during prayer.
One should pray in a manner of supplications, like a homeless man who asks [for something] at [someone's] entrance. And [one should pray] at a relaxed pace, so that it should not appear as a burden from which one is seeking to be exempted.
The prayer [i.e. Amidah] is in place of the sacrifice (korban), and therefore one must be careful that it resemble the sacrifice with respect to intention, and not let another thought mix in, similar to an unrelated thought which would nullify the sacred offerings. And [prayer must be recited] standing, like the service [in the Temple]; and in a fixed place like the sacrifices, where each one had a fixed place for its slaughter and the sprinkling of its blood; and that nothing should separate between one and the wall [during prayer - see Orach Chayyim 90:21], similar to sacrifices where any interposition between it and the vessel would nullify it. And it is appropriate that one should have special nice garments for prayer, like the clothing of the kohanim, even though not everyone is able to spend the money on this; nevertheless, it is appropriate to have special pants for prayer, for the sake of cleanliness.
One should not think "It is fitting that the Holy One Who is Blessed should fulfill my request, since I concentrated well during my prayer", because on the contrary: this recalls a person's sins (since by doing so, they scrutinize one's deeds to say one's merits are certain). Rather, one should think that Holy One Who is Blessed will fulfill [one's request] because of His kindness, and one should say in one's heart "Who am I, lowly and despised, [that I would be allowed to] come to request from the King of the Kings of Kings, the Holy One Who is Blessed if not for His tremendous kindnesses - that He is accustomed [to doing] them with His creations".
Siman 99
The Laws of One Who Drank [Wine] and One Who Is Drunk in [Regards to] Prayers, containing 3 s'ifim:
If one drank as much as a revi'it of wine, one may not pray [the Amidah] until [the effect of] one's wine passes. And if one drank more [than a revi'it]: if one is able to speak [as] before a king, if one prayed, one's prayer is [considered a] prayer; and if one is not able to speak [as] before a king, if one prayed, one's prayer is an abomination and one is required to go back and [pray again] when [the effect of] one's wine passes from one. And even if the time of prayer passed, one should make it up for it in the prayer that follows it, in accordance with the law of one who unintentional transgresses. Gloss: And the law of the Recitation of the Shema is the same as the law of [the Amidah] Prayer, but [regarding other] blessings, one may say them even though he is drunk (Mordechai, in the beginning of the chapter "Hadar" (Eruvin Chapter 6), and Hagahot Maimoniot on Chapter 4 of the Laws of Prayer).
Traveling a mil and any amount of sleep weaken [the effect of] the wine. And this is in the case when one drank a revi-it, but if he drank more [than that], then certainly sleep will increase his intoxication and traveling will agitate him. And this is if he traveled by foot, but if he is riding, certainly the travel will weaken [the effect of] the wine.
Anyone who is intoxicated, it's sufficient for one to [go] according to what one feels in one's being whether one has weakened [metabolized] one's wine [or not]. Gloss: And therefore, we are not careful with regards to our wines which are not strong, that people may pray even though they have drunk a revi'it or more (Trumat Hadeshen? siman 42). And certainly all the more so if they are praying out of a prayer book in one hand, in that we are not concerned for slight intoxication as was mentioned above.
Siman 100
The Prayer [i.e. Amidah] of a Festival Needs to be Organized, containing 1 se'if:
[Regarding] prayers [i.e the Amidah] of the festivals and of the new month, one needs to organize one's prayer before one prays so that it will be fluent on his tongue.Gloss: And there are those who say that [this is] specifically when we pray by heart, but when we are praying from within a prayer book, it is permitted [to pray without organizing] since one sees what one is praying, and this is what we practice. (Bet Yosef in the name of Rav R. Manoah, and so too wrote Tanya in the name of R.A.
Siman 101
That One Must Direct One's Intention For All The Blessings and That One Can Pray In Any Language, containing 4 s'ifim.
One who prays [the Amidah] needs to direct one's intention for all the blessings, but if one is not able to direct one's intention during all of them, one should at least concentrate on the blessing of the forefathers [the first blessing of the Amidah]. If one didn't direct one's intention while saying the blessing of the forefathers, even if one directed one's intention for the rest [of the blessings], one needs to return [to the beginning of the Amidah] and pray. Gloss: (Nowadays we do not return [to repeat the prayer when it is] due to a lack of intention, because [there's a fair chance that] even in the repeating [of the Amidah] it is likely that one will not direct one's intention [again]; if so, why should one return?) (Tur)
And one should not only pray in one's heart, but one must actually enunciate the words with one lips and let them be heard in a whisper tone by one's own ears, [however] one should not let one's voice be heard [fully during the Amidah]. [However,] if one is unable to direct one's intention [to the Amidah] while in a whisper tone, one is allowed to raise one's voice. And this is [only] when one is praying privately, but [if one is praying] with the congregation, it is forbidden, as this is a nuisance for the congregation. Gloss: If one is letting one's voice be heard in one's home when praying so that the members of one's household will learn from one, it is permitted (Tur).
Some say that on Rosh Hashanah and Yom Kippur it is permitted to let one's voice be heard in one's prayer, even in publicGloss: And this is what we practice; however, people must be careful not to raise their voice too much (D'rashot Mahari"v [Ya-akov Weil])
One may pray in any language one desires; and this applies [when one is praying together] with a congregation. But when [one is praying] alone, one should only pray in the Holy Language. And some say that this [requirement to only pray in Hebrew] only applies when one is asking for one's own [personal] needs, for example: one who has prayed for someone who is ill, or for some affliction in one's household; however, [when reciting] the regular liturgy established for the congregation, even an individual may recite it in any language. And some say that even an individual requesting his own personal needs may request them in any language one wishes, except for in the Aramaic language.
Siman 102
One May Not Disrupt Someone Who Is Praying
It is forbidden to sit within four cubits of one who is praying [the Amidah], whether in front of [that person] or to the side of [that person] (or behind [that person]) (Tosefot, Mordechai, and Asher ben Yechiel [i.e. the Rosh] in Chapter Ein Om'din [Chapter 5 of B'rakhot/B'rakhot 30b]) and one must distance oneself [from the one praying] four cubits. And if one is involved with things that have to do with prayer, even the chapter of Eizehu Mekoman (i.e. the Korbanot part of the prayers), one need not distance oneself [from the person praying]. There are those that permit [being within four cubits of someone praying] when one is engaged in Torah, even though it is not related to prayer matters. And there is one who says that that this [permission] applies [when one is] to the side [of the one praying], but if one is in front [of the one praying] as long as it is in [the one praying's] line of sight, it is forbidden, and even if one is involved in the recitation of the Sh'ma.
There are those who say that if the person sitting next to the one praying is weak, it is permitted.
If the one sitting was already sitting and a person stood [to pray the Amidah] next to [the first] one, one does not need to get up [and move], because [the one who came to pray] came into one's boundary. (Nevertheless, it is a pious trait to get up even in such a case) (Beit Yosef in the name of Mahariyah).
It is forbidden to pass within four cubits of those who are praying. And [this is] specifically in front of them; but to their side, it is permitted to pass by and stand.
If one completed one's prayer and there was another person praying behind one, it is forbidden to take three steps [backward] until the person behind one finishes [that person's] prayer, because if one does this (i.e. if one takes three steps back), one is like someone who passes in front of somebody who is praying. And one needs to be precise about this even if the one behind began praying after one, once one has already started [praying].
Siman 103
One Who Happens to Pass Gas During His Prayer or Sneeze, Containing 3 S'ifim
If one was standing in prayer and gas went out from below, one waits until the smell dissipates and then go back and pray.
If one had an urge to pass gas from below and is in a lot of discomfort and can't contain oneself, one walks 4 cubits back and passes the gas, waits until the smell dissipates from one, and then says "Master of the world, You created us with many holes and cavities; It is revealed and known before You our disgrace and shame, disgrace and shame in our life, worm and maggot in our death.", and then goes back to one's place and goes back to the place one left off. Gloss: And see above in Siman 85. There are those who say that all this is [referring to] when one is praying in one's home, but when praying with the congregation, where there would be a great embarrassment for oneself [if one were to do as described above], one does not need to distance oneself at all backwards, and one also shouldn't say the "Master [of the worlds]..." [prayer that was mentioned above], rather one should just wait until the smell dissipates from one. And such is how we practice. (Terumat Hadeshen Siman 16).
One who "sneezes" during [the middle of] one's prayer [i.e. Amidah]: [if it's] from below (i.e. one passes gas), it's a bad sign; [if it's] from above (i.e. a sneeze from one nose), it's a good sign.
Siman 104
To Not Interrupt In The [Middle Of The Amidah] Prayer. Containing 8 S'ifim:
One may not interrupt during one's prayer [i.e. Amidah]. And even if a Jewish king is inquiring about one's well-being, one may not respond to him. But [regarding responding to] a king of the nations of the world, if one is able to shorten [one's prayer], meaning that one would say the beginning of the blessing and its end before the [king] reaches one, one should shorten it. Or if [one's on the road and] one is able to veer off the road, [then] one should veer off, but one may not interrupt by talking. And if it's impossible for one [to do so], one may interrupt.
If one was praying on the road and an animal or a wagon approaches before one, one should veer from the road and not interrupt [by talking]. But for another matter, one should not go out from one's place until one finishes one's prayer, unless one is up to the supplications that are after the [Amidah] prayer.
And even [if] a snake is coiled around one's heel, one should not interrupt, (but one may move to a different place so that the snake falls off one's leg) (the Ri at the beginning of Chapter "Ain Omdin" [Berachot 30b:14]). But [regarding] a scorpion - one interrupts, because it is more prone to do harm; and so too a snake, if one sees that it is angry and ready to do harm, one interrupts.
If one saw an ox approaching one, one interrupts [one's prayer]. For we distance from a regular ox (i.e. one that is not accustomed to do harm) 50 cubits, and from a forewarned ox (i.e., that is accustomed to do harm] as far as one can see. And if oxen in that place are known not to do harm, one does not interrupt.
In any circumstance where one interrupted, if one delayed long enough to finish all of it [i.e. the Amidah prayer], one must return to the beginning; and if not, then one returns to the beginning of the blessing that one interrupted. And if one interrupted in one of the first three [blessings], one returns to the beginning; and if it was in one of the latter ones [i.e. three blessings], one returns to [the blessing of] "R'tzei".
This [thing] that we said: "that if one delayed long enough to finish all of it [i.e. the Amidah prayer]", we calculate [that time] based on the speed of] the one reading (i.e. praying). If one conversed during the [Amidah] prayer, the law regarding the matter of returning [to an earlier part of the prayer] is like the law regarding interruptions mentioned in this siman.
One may not interrupt [the Amidah], not for [the responses in the] Kaddish and not for Kedusha. Rather, one should be silent and focus on what the prayer leader is saying and it will be [considered] like one is answering.(If one is standing during one's [Amidah] prayer and they called that person up [for an aliyah] to the Torah scroll, one does not interrupt.) (Rashb"a in Siman 185)
After one finished the eighteen blessings [of the Amidah], [but] before [one said] "Elokai, netzor", one may answer Kedusha, Kaddish, and Barchu. [And see below in Siman 122].
Siman 105
The Law Of One Who Prays Two [Amidah] Prayers. Containing 1 Se'if:
One who prays two [Amidah] prayers, one after the other, must wait between one and the other [for the time it takes] to walk 4 amot, so that one's understanding may be settled, [in order] to pray with the language of supplication.
Siman 106
Those Who Are Exempt From Praying [the Amidah]. Containing 3 S'ifim:
All those who are exempt from the Recitation of the Shema are exempt from [the Amidah] prayer and all who are obligated in the Recitation of the Shema are obligated in [the Amidah] prayer, except for those who are accompanying the deceased (i.e. a funeral procession) that are not needed for the [funeral] bier; for even though they are obligated in the Recitation of the Shema, they are exempt from [the Amidah] prayer.
Women and slaves, even though they are exempt from the Recitation of the Shema, are obligated in [the Amidah] prayer, because it is a positive mitzvah that is not limited by time. And children that have reached [the age] for education, we are obligated to educate them.
One for whom Torah [study] is one's profession, for example, Rabbi Shimon bar Yochai and his companions, interrupts [Torah study] for the Recitation of the Shema, but not for [the Amidah] prayer. But we do interrupt [studies], whether for the Recitation of the Shema or for [the Amidah] prayer. Gloss: And if one is teaching others, one does not interrupt, as was explained above in [Orach Chayim 89:6]. Nevertheless, one should interrupt and recite the first verse of the Recitation of the Shema (Beit Yosef - Siman 70). And if the time [of the Recitation of the Shema or prayer] is not passing and one still has time left to pray or to recite the Recitation of the Shema, one does not interrupt at all [but finishes studying first]. (Beit Yosef in the name of the Ran)
Siman 107
One Who Is In Doubt If One Prayed, and The Law Regarding a Voluntary [Amidah] Prayer, Containing 4 Se'ifim:
If one is in doubt if one prayed [the Amidah], one goes back and prays [the Amidah again], and one does not need to innovate anything new [in the prayer]. But if it clear to one that one prayed, one does not go back and pray [again] without an innovation [i.e. something new added to his prayer]. And by means of [using] an innovation [in one's prayer], one may return and pray as a voluntary [Amidah] as many times as one wants, except for the Musaf prayer [i.e. Amidah], for we do not pray it as a voluntary [Amidah]. And on Shabbat and Yom Tov, one may not pray a voluntary prayer at all. And if one began to pray [the Amidah], under the belief that one did not pray [already], and then [in the middle of one's prayer] remembered that one already prayed [it], one [immediately] stops, even in the middle of a blessing, even if one is able to innovate a new thing into it.
This "innovation" that we mentioned [above means] that one "innovates" something in each blessing of the middle ones [i.e. the middle thirteen blessings of the Amidah] that relates to that [particular] blessing. And if one innovated [something] in even just one [of the middle blessings], that is sufficient in order to indicate that it is a voluntary [prayer] and not an obligatory one. Gloss: And there are those who say that it's not called "an innovation" unless something was added into it that one did not need beforehand. [Tur in the name of the Rosh]
A congregation never prays a voluntary prayer.
One who wants to pray a voluntary prayer needs to know oneself to be quick and careful, and estimate in one's opinion that one will be able to concentrate in one's prayer from beginning to end. But if one is not able to concentrate well, we would consider it [like] "Why do I need all your sacrifices?" (Isaiah 1:11), and [say] would that one could concentrate on the 3 fixed prayers of a day [before trying to do something extra]!
Siman 108
One Who Did Not Pray Due To A Mistake, Or An Extenuating Circumstance, Or On Purpose. Containing 12 S'ifim
If one erred or was forced [by circumstance] and did not pray the morning prayer, one should pray the afternoon prayer twice: the first is the afternoon prayer, and the second as a make-up. If one inverted [the order], one has not fulfilled one obligation in prayer for the prayer which is a make-up, and one needs to go back and pray it [again]. And the same law applies in every case in which one must pray a make-up prayer.
If one erred and did not pray the afternoon prayer, one should pray the evening prayer twice: the first is for the evening prayer, and the second is for the make-up. If one erred and did not pray the evening prayer, one should pray the morning prayer (i.e. Amidah) twice: the first for the morning prayer, and the second as a make-up. After one says "Yotzeir" [the blessings of the Recitation of the Sh'ma in the morning prayer] and the Eighteen Blessings (i.e. the Amidah), one should say Ashrei and then afterwards pray the Eighteen Blessings for the make-up evening prayer. [And similarly, when one prays the evening prayer twice because one did not pray the afternoon prayer, one should say Ashrei between one prayer [i.e. Amidah] and [the other] prayer.] [Sefer Mitzvot Katan and the Rivash - Siman 140]
[This statement] that one can complete [i.e. make-up] the [Amidah] prayer that one missed applies specifically during the time of [the next Amidah] prayer, but when it is not the time of [that next Amidah] prayer, one may not.
There are no make-up prayers other than the immediately adjoining [i.e. preceding] prayer alone; so that if one erred and did not pray the morning prayer and [also] the afternoon prayer, one [only] prays the evening prayer twice [with] the latter prayer as a make-up for the afternoon prayer, but for the morning prayer there is no make-up; and the same goes for all the rest of the prayers.
Even though there are no make-up prayers other than for the prayer immediately adjoining that prayer, and (other) prayers that one missed [i.e. one skipped two or more as mentioned above] do not have a make-up; if one wants to pray that one [i.e. the one that cannot be make-up anymore] as a voluntary prayer and one will innovate something [new] into it, one is allowed to and it is proper to do so.
If the whole day passed and one did not pray the additional prayer [on Shabbat, Festivals, and Rosh Chodesh], there is no make-up for it.
[If] it was on purpose and one did not pray [an Amidah], there is no make-up for it. Even at the prayer that is immediately adjoining it. And if one wanted, one may pray it as a voluntary prayer and one does need an innovation of something new [in it] if one prayed it at the prayer time immediately adjoining it.
One who did not pray [the Amidah] while there was still enough time to pray because one supposed that time would still remain for one after one finished whatever thing one was involved in, and between one thing and another, the time passed; and similarly, one who was troubled with monetary needs so that one would not incur a loss, and because of that one lost [one's opportunity] to pray; and similarly someone who is drunk and did not pray. All of these are considered people with extenuating circumstances and they [do] have a pan opportunity for] a make-up. Gloss: From the outset, one should not let the prayer time pass because of monetary loss. [T'rumat Hadeshen - Siman 5]
If one erred and did not pray the afternoon prayer on the eve of Shabbat, one should pray the evening prayer [i.e. Shabbat Amidah] twice; the first is for the evening prayer and the second is the make-up [for the afternoon prayer]. Gloss: similarly, if one did not pray the afternoon prayer on the eve of Rosh Chodesh [the New Month], one prays the Rosh Chodesh [prayer] twice. And if one did not mention "Ya'aleh V'yavo" [i.e. the insertion for Rosh Chodesh] in the first one, but one mentioned it in the second one, one must go back and pray [again]. But if one did not mention it in both of them, or if one mentioned it in the first but not the second, then one does not need to go back ([based on the] Kol Bo, except for what he wrote regarding saying the Rosh Chodesh prayer twice)
If one erred and did not pray the afternoon prayer on Shabbat, one should pray it upon the [immediately after the end of] Shabbat (two weekday prayers); one separates [Shabbat from weekday i.e. the insertion of "ata chonantanu" into the 4th blessing of the Amidah] in the first, but one does not separate in the second. If one did not separate in the first, but separated in the second, the second prayer counts, but the first prayer does not count. If one separated in both of them, or did not separate in either of them, one has fulfilled one's obligation [for both recitations of the Amidah].
If one erred during the afternoon prayer of Shabbat and prayed the Eighteen [i.e. the weekday Amidah] and did not mention Shabbat, [immediately after the end of] Shabbat one prays [the Amidah] twice, and does not separate [Shabbat from weekday - i.e. insert "ata chonantanu"] the in the second; and it should be prayed according to the law of a voluntary prayer and there is not need to innovate any [new] thing [into it]. The same applies if one did not mention "Ya-aleh V'yavo" during the afternoon prayer of Rosh Chodesh.
One who erred and mentioned something [belonging to] one of the other days [i.e. a passage or insertion from a different occasion] in one's prayer when it was not its time [to say it], it is not considered an interruption. Gloss: if one realizes that one erred, one stops [saying the incorrect passage], even in the middle of the blessing(Ohr Zarua in Tractate B'rachot)
Siman 109
The Law Regarding How An Individual Should Conduct Themselves In Order To Focus Their Prayer [Together] With The Congregation, Containing 3 Se'ifim:
One who enters the synagogue and finds the congregation praying, if one is able to start and finish [one's Amidah] before the the prayer leader arrives at Kedushah [the third blessing of the Amidah] or Kaddish, one should pray. [And this is [also] the ruling for [answering] Amen to [the blessings of] "The Holy One" [at the end of the third Amidah blessing] and "Who Hears Prayer" [at the end of the third-to-last Amidah blessing]; their law is like Kaddish and Kedusha [Tosefot, the Ro"sh, and the Mordecai in the chapter "Mi Shemeito" [Tractate Berakhot, chp. 3], and Terumat Hadeshen siman 11] and if not, one should not pray if [i.e., as long as] the time [for praying the Amidah] has not [yet] passed. And if one entered after [the congregation recited] Kedushah, if one is able to start and finish [one's Amidah] before the prayer leader arrives at Modim [the second-to-last blessing of the Amidah], one should pray; and if not, one should not pray. And this is the ruling if [as long as] one is able to arrive at Modim or one of the other blessings in which one bows: when the prayer leader arrives at Modim, one should pray. And if one needs to begin [praying the Amidah] in order to juxtapose Geulah [the blessing of redemption that immediately precedes the Amidah] to the [Amidah] prayer, and it happens that the prayer leader reaches Modim when one is in the middle of one of the [Amidah] blessings, one should bow with [the prayer leader]. But if one is at the beginning or end [of one of the Amidah blessings], one should not bow, because we do not bow at the beginning or end of a blessing, except for Avot [the first blessing of the Amidah] and Hoda'ah [the second-to-last blessing of the Amidah].
If one started praying [the Amidah] along with the prayer leader [i.e. when one did not recite a private Amidah first], when one arrives along with the prayer leader at "Nakdishakh" [the beginning of the Kedushah], one should recite the entire Kedushah along with [the prayer leader], word by word, just like [the prayer leader] is reciting [it]. And similarly, one should say with [the prayer leader] word by word the blessing of "HaEil HaKadosh and the blessing of "Shomeah Tefillah". Also one should focus one's attention so that when the prayer leader arrives at "Modim", one also arrives at "Modim" and at "ha-tov shim'kha u'lekha na'eh l'hodot" [i.e. the beginning and the end of the Hoda'ah blessing], so that one can bow along with the prayer leader at "Modim". Gloss: But from the outset, one should not start until after the prayer leader said Kedusha and "HaEil Hakadosh" unless it is required to beginning because the time [for the Amidah] is passing or in order to juxtapose Geula (i.e. the blessing of redemption that immediately precedes the Amidah) to [the Amidah] prayer, then the law is like this [Tur and his own opinion].
[One who, as] an individual, is standing in prayer [i.e. reciting the Amidah] and when one reaches the place [where] Kedushah [is said], [finds that] the congregation was saying the Kedushah D'Sidrah [also known as the U'va Letzion prayer], one should not recite "Kadosh [Kadosh Kadosh...]" with them, because the [two] Kedushah [prayers] are not equivalent]. And it seems that the same applies if the congregation was saying "Keter" [the introduction to the Kedushah in the Musaf Amidah], [that] one should not say "Kadosh [Kadosh Kadosh]" with them; rather one should remain silent and concentrate on what they are saying, for [one will have fulfilled one's obligation based on the principle of] "one who heard is like one who responded". Gloss: And some say that [when the congregation is saying] the Kedushah of Keter, which refers to the Kedushah of Musaf, and the [one who is praying as an] individual is praying Shacharit, that one may say it with them because both of them are a Kedushah of a Shemonah Esrei [i.e. Amidah] and their Kedushah is equivalent. And this seems to me to be the principle. [And the Rashba does not debate against the Geonim that the Beit Yosef cites]
Siman 110
The Traveler and Laborers - What Should They Pray? And the Order of the Prayer During Travel and of the Study Hall. Containing 8 Seifim:
In a extenuating circumstance, such as when one is on the road or when one was standing in a place where one is distracted, and one fears that they will interrupt one, or if one is not able to pray the full [Amidah] prayer with intention - one prays "Havineinu" [i.e. the digest version of the middle 13 Amidah blessings] after the first three [blessings of the Amidah] and, after it, say the last three [blessings of the Amidah], and it is necessary to say them while standing. And when one arrives at one's house, it is not necessary to go back and pray [again]. And one does not pray "Havineinu" in the rainy season, and not at the departure of Shabbat [i.e. Saturday night] nor a holiday.
The laborers who do their work near the proprietor - if [the proprietor] doesn't give them payment beyond their meals, they pray eighteen [blessings the Amidah], they do not descend before the Ark [i.e. they do not appoint a prayer leader to lead them], and they do not "raise their hands" [i.e. if any of them are Kohanim, they do not recite the Priestly Blessings]. And they are given payment, they pray "Havineinu." And nowadays, it is not the way [of proprietor] to be strict regarding this, and it's assumed that that they hired them with the understanding that will they [interrupt their work to] pray the Shemoneh Esrei [i.e. the full Amidah].
The one who is walking in a place [where there are] bands of wild animals or robbers prays "The needs of your people are numerous, etc.", and there is no need - not the first three [blessings of the Amidah], and not for the final three. And one may pray this on the road, as one is going, but if one is able to stand, one [should] stand. And when one arrives at a settlement and one's mind has calmed down, one goes back and prays the Eighteen Blessings [i.e. the full Amidah]. (And if one did not go back to pray, it is considered as if one forgot to pray entirely. And this was explained above in Siman 108) (And this is also understood from the Beit Yosef)
One who leaves to travel should pray: "May it be your will Lord our God and the God of our ancestors, that you lead us to peace, etc." And one must say it in plural language, and if it is possible, one should refrain from going while one says it. And if one was riding, one need not dismount.
It is not necessary to say [this prayer] more than once a day even if one rests in a city in the middle of the day. But if one's thought is to lodge in the city, and then afterwards, one reconsiders and leaves it [so as to] to pass outside of it or to return to one's home, one must go back and pray [the prayer] another time.
The Mahar"am of Rottenburg, when he was traveling in the morning, he would say it [i.e. the prayer for travelers mentioned above in Seif 4] after the [morning blessing of] "May it be your will..." in order to juxtapose it with the blessing of "The One who bestows kindness" and it would therefore be a blessing that is juxtaposed with another.
One should say it after one has hit the road. And one should not say it other than in the case that one has to go a parsah [approx. 4 km]; but [if] less than a parsah one should not end [the prayer] with "barukh...". And ab initio, one should say it within the first parsah (Rashi and the R"i) And one forgot to say it, one may say it the entire time one is on the road, as long as one did not yet reach within the parsah adjacent to the city in which one wants to lodge; and from that point on, one should say it without the blessing.
One who enters the study hall prays "May it be your will, Lord, our God and the God of our ancestors, that I not falter in any legal matter, etc." And upon one's departure, one says "I give thanks before You, Lord my God, that placed my portion among those who sit in the the study hall, etc."
Siman 111
The Law of Juxtaposing "Redemption" to "Prayer". Containing 3 Seifim:
One needs to juxtapose “redemption” [i.e. the last blessing of the Sh'ma - "Ga-al Yisrael"] to “prayer” [i.e. the Amidah]. And one should not interrupt between them, even with "Amen" after “Ga-al Yisrael”, and not for any verse other than “Hashem Sefatai” [Psalms 51:17, the introductory verse for the Amidah]. Gloss: And there are those who say that it is permitted to respond Amen after “Ga-al Yisrael”, and so we practice (Tur). And there are those who say that this requirement to juxtapose “redemption” to “prayer” is only on a weekday or Yom Tov, but on Shabbat one does not need to. (Meaning, that the reason that we require to juxtapose “redemption” to “prayer” [during the week] is because it is written “God will answer you in a day of distress,” [Psalms 20:2] and juxtaposed to it [is written], “Let the words of my mouth be desire … and my redeemer.” [Psalms 19:15], but Shabbat is not a time of distress. And in my humble opinion, it seems [that the reason] this is not so on Yom Tov is because they are days of judgement, as we learned in Mishnah Rosh Hashanah 1:2, “On Passover [the world is judged] on grain…”) (Hagahot Ashir"i [Rabbi Yisrael MiKrems] on Chapter 1 of Berachot; and Kol Bo, Laws of Shabbat; and Mahari"l, the Laws of Yom Tov) And it is good to be stringent unless in a place that needs to do such (Tur).
The prayer leader, when beginning the recitation of the Eighteen [Blessings i.e. Amidah] out loud, goes back [to the beginning] and says: "Lord, open my lips and my mouth shall declare, etc."
If one found the congregation praying [the Amidah], when one has not yet recited the Recitation of the Shema, one should not pray with them, rather one should recite the Recitation of the Shema and subsequently pray, since juxtaposing “redemption” to “prayer” is preferred.
Siman 112
That One Should Not Interrupt [the Amidah], Neither In The First Three [Blessings] Nor in the Final Three. Containing 3 Se'ifim:
One should not ask for one's needs in the first three [blessings of the Amidah] nor in the final three. And this is specifically [regarding] the needs of the individual, but [for the] needs of the community, it is permitted.
One should not say liturgical poems nor a "krovetz" (meaning "krovot l'Yotzeir" [close to the blessing of Yotzeir Or], and some say it is an acronym for "Kol Rina Vi-shua B'ohalei Tzadikim" [Psalms 118:15]) during the prayer [i.e. Amidah]. Gloss: And there are those who permit [them], since they are [considered] needs of the public (the Rosh; Tosefot; the Ri; and the Ran at the beginning of the last chapter of Tractate Rosh Hashana; and Hagahot Maimoni, chapter 10; and the Tur), and such it is practiced in all places to say them.
Siman 113
The Laws of Bowing in the Eighteen Blessings [i.e. Amidah]. Containing 9 S'ifim
These are the blessings in which we bow: in Avot [the first blessing], [at the] beginning and end; in Hoda-a [the second-to-last blessing], [at the] beginning and end. And if one comes to bow at the end of every blessing or at its beginning, we teach [that person] that one does not bow, but in their [i.e. the blessings'] middles, one may bow.
Those who have the custom to bow on Rosh Hashana and Yom Kippur when they say "Zokhreinu" ("Remember us") and "Mi Kamokha" ("Who is like You") [the insertions into the first blessing of the Amidah] need to straighten [themselves] up when they reach the end of the blessing. Gloss: And even though in [the blessing of] "Avot", one bows at the end of the blessing, nevertheless, one needs to straighten a little at the end of "Zokhreinu" so that it should be apparent that one is going back and bowing [again] because of the obligation [to bow at the end of the blessing of "Avot"] (His own opinion based on the Tur)
One who bows [when saying] "U'vechol Koma Lefanecha Tishtachaveh" ["and every upright one shall prostrate oneself before You"] or "U'lecha Anachnu Modim" ["and to You [alone] we give thanks"] [both from the "Nishmat Kol Chai" prayer], or [when saying] "Hoda'a" [Thanksgiving] in Hallel or Birkat Hamazon [The Blessings after a Meal], behold this is improper (meaning that one doesn't bow other than in a place that the Sages established).
One who is praying needs to bend until all the vertebrae in one's spine stick out. One should not bow from one's hips with one's head remaining straight, rather one should also bow one's head like a reed.
One should not bow so much that one's mouth would be opposite the belt of one's pants. If one is old or sick and cannot bow until [all the vertebrae in one's spine] stick out, since one bends (i.e. lowers) one's head, it is sufficient since it can be recognized that one wished to bow, but rather that [the lack of bowing] is on account of one's pain.
When one bows, one should bow quickly and all at once. When one straightens up, one straightens gently, [with] one's head [up] first and then afterwards, one's body, so that it not be burdensome for oneself.
When one bows, one bows at [the word] "barukh" and when one straightens up, one straightens at the [Divine] Name.
One who is praying, and an idol worshiper came in front of one with a [cross] in hand and [the person praying] arrived at the point at which where one bows, one should not bow, even though one's heart is [directed] toward heaven [i.e worshiping only God].
One may not add to the descriptions of the Holy One Who Is Blessed more than "The Great and the Mighty and the Awesome God". And this is specifically in the Prayer [i.e. Amidah], since one may not change the formulation that the Sages formulated. But in the supplications, pleas and praises that a person says oneself, there is no [problem] with it. Nevertheless, it is proper that one who wants to lengthen the praises of the Omnipresent should say it using [biblical] verses.
Siman 114
The Laws of the Mentioning of the Wind and Rain and Dew. Containing 9 S'ifim
We start to say "Who makes the wind blow and rain fall" in the second blessing in the Musaf prayer [i.e. Amidah] of the latter Yom Tov of "Chag" [the Sukkot-Shemini Atzeret holiday] (i.e. Shemini Atzeret), and we do not stop [saying it] until the Musaf prayer [i.e. Amidah] of the first Yom Tov of Pesach.
It is forbidden to mention rain until the prayer leader proclaims [it]. (And some say that before they start the Musaf prayer, the attendant proclaims "Who makes the wind blow, etc.", so that the congregation should remember [to say it] in their prayer, and that is how we practice (Mordechai on the beginning of the first chapter of [Tractate] Taanit)) Therefore, even if one is sick or has an extenuating circumstance [that prevents him from praying in the synagogue], one should not advance one's [Amidah] prayer [so it is before] the congregation's [Amidah] prayer since it is forbidden to mention [rain] until the prayer leader says [it]. But if one knows that the prayer leader proclaims it, even though one [oneself] did not hear it, one may mention it. And for this reason, the one came [late] to synagogue and the congregation had [already] started to pray [the Musaf Amidah], one should pray and mention [rain], even though one did not hear [the announcement] from the prayer leader.
If one said, "Who makes the wind blow" (in the hot season) or if one did not say it in the rainy season, we make [that person] go back [and do it correctly]. And similarly regarding [saying] "dew", if one mentioned it in the rainy season or if one did not mention it in the hot season, we do not go back. Gloss: And we Ashkenazim do not mention "dew", not in the hot season and not in the rainy season; rather, in the hot season we just say "the Powerful One to deliver us. Sustainer of the living, etc..." [i.e. we do not mention dew in between those] (Tur). There are those who say that the prayer leader stops mentioning [rain] in the Musaf prayer on the first day of Yom Tov of Pesach, but the congregation does mention it [in Musaf]; and they do not stop until Mincha, for by then they already heard the prayer leader stop mentioning it in [the repetition of] the Musaf prayer. And that is how we practice.
If one said "Who makes rain fall" in the hot season, we make [that person] go back; and one goes back to the beginning of the blessing [i.e. "Ata Gibor" - the second blessing of the Amidah]. And if one concluded the blessing, one goes back to the beginning of the [Amidah] prayer. And even if one is in a place where rain is needed in the hot season, if one mentioned rain instead of dew, we make [that person] go back. (And similarly, if one mentioned rain and dew, one must go back) (Beit Yosef in the name of the Rambam, the Rosh, and the Tur)
In the rainy season, if one did not say "Who makes rain fall", we make [that person] go back. And this applies if one did not mention "dew" [as well], but if one mentioned "dew" then we do not make [that person] go back.
In what circumstances are we referring to [when we say] that "we make [that person] go back" when [that person] did not say "Who makes rain fall" in the rainy season? It is in the case when one concluded the entire blessing [i.e. the blessing of "Mechayei haMeitim" - "Who revives the dead"] and began the next blessing, then one must go back to the beginning of the [Amidah] prayer. But if it was remembered before one concluded the blessing, one may say it at the point where it was remembered. And even if one did conclude the blessing but it was remembered before one began [the blessing of] "Ata Kadosh" [i.e. the beginning of the next blessing], one does need to go back, rather one should say "He makes the wind blow and the rain fall" [right there], without [using] a closing formula [again]. Gloss: The first three blessings [of the Amidah] are considered as one [long blessing], and any place where one erred within them, one must return to the beginning [of the Amidah], whether one is by oneself or one is with the congregation (Tur).
Any time we say that one must go back to the blessing in which one erred, that is the case when one erred inadvertently, but if was on purpose and with intent, then one must go back to the beginning [of the Amidah].
During the hot season, if one is in doubt whether one [mistakenly] mentioned "Who makes rain fall" or not: up until 30 days [after the first day of Pesach], [there is] a presumption that one mentioned the rain, and one needs to go back. Gloss: And this applies for us who do not mention "dew" in the hot season. If one is in doubt whether one said "Who makes rain fall" in the rainy season: all of the 30 days [after Shemini Atzeret], one goes back, since it is certain that one said what one was used to [saying], and indeed, one did not mention [anything], not "dew" and not "rain". [But] after 30 days one does not go back. (his own opinion)
If, on the first day of Pesach, one says [the words from] the blessing of "Ata Gibor" ["You are mighty"] up through [and including] "Morid Ha'tal" ["Who causes dew to descend"] 90 times corresponding to the 30 days where one would say it 3 times on each day. From that point onward, if one doesn't remember if one mentioned rain, there is a presumption that one did not mention rain and one does not need to go back. Gloss: And similarly for us, if one said [90 times from Ata Gibor] up through [and including the words] "Mechalkel chaim" ["Sustainer of the living"] without [saying] "Mashiv ha'ruach u'morid ha'geshem" ("He makes the wind blow and rain fall") which we say in the rainy season, or if on Sh'mini Atzeret one said, 90 times, "Ata Gibor" up through [and including] "Morid hageshem" - if one doubts afterwards if one mentioned it or not, the presumption is that one did mention it (his own opinion)
Siman 115
The reason for the blessing of "Ata Chonein" ["You grace humanity with knowledge", the fourth blessing of the weekday Amidah]. Containing 1 S'if:
Since humanity's advantage over animals is understanding and intellect, they established the blessing of "Ata Chonein" as the first of the [the Amidah's] middle [blessings] since if we do not have understanding, there is no [capacity for] prayer.
Siman 116
Commentary on the the Blessing "Heal us". Containing 1 Se'if:
"Heal us, O God, and we shall be healed..." Even though a verse that is written in the singular may not be modified to the plural [i.e. like the beginning words of this blessing which in Jeremiah 17:14 is written in the singular "heal me"] - this applies in the case when it was intended to be recited [as a verse], but when one says it in the context of a prayer or a request, it is permitted [to modify it]. Gloss: Nevertheless, if one says an entire psalm, it is forbidden to alter it from singular to plural or vice versa. (Tur and the Rosh on the chapter "Hakoreh Omed" [Talmud Megillah 4] in the name of the Ri]
Siman 117
The Laws of the Blessing of the Years. Containing 5 S'ifim:
[Regarding] the Blessing of the Years: In the rainy season, one must say in [the blessing] - "And give dew and rain". And in the Diaspora we start to ask for rain in the evening prayer of the 60th day after the autumnal equinox (and the day of the equinox is included [as day one of the 60 day count]) (Hagahot Maimoni Chapter 2). And in the land of Israel we start to ask [for rain] from the night of 7 Marcheshvan and we [continue to] ask up until the afternoon prayer of the eve of the first Yom Tov of Pesach; and from then onwards, we stop asking.
The individuals who need rain in the hot season should not ask for it in the Blessing of the Years, but rather in [the blessing of] "Shomeya Tefilla" ("Who hears prayers"). And even a large city such as Nin'veh or one whole land such as S'pharad [Spain] in its entirety or Ashkenaz [Germany] in its entirety - they are considered as individuals [and should ask] in "Shomeya Tefilla". However, if [someone is] in one whole land where they require rain in the hot season erred regarding it and asked for rain in the Blessing of Years, (if one desires,) one goes back and prays according to the rules of voluntarily prayer without the request [for rain] in the Blessing of Years. (But one is not obligated to go back at all.) (Beit Yosef in the name of Maharia [R Israel Isserlein], and the Ramban and the Ran hold like the Rosh)
If one asked for rain in the hot season - we make [that person] go back [and pray again].
If one didn't ask for rain in the rainy season, we make [that person] go back [and pray again] even though [that person] asked for dew. But if [that person] asked for rain and not dew, we do not make [that person] go back [and pray again].
If one did not ask for rain and remembered prior to [the blessing of] "Shomeya Tefilla" ["Who hears prayers", the last of the middle, petitionary, blessings] we do not make [that person] go back, and one may [instead] ask in "Shomeya Tefilla". (And if one [took upon oneself] a fast and must say "Aneinu" ["Answer Us", the insertion for an individual], one says the question [i.e. asks for rain] before "Aneinu.") (Abudraham) And if one does not remember until after "Shomeya Tefilla" - if one has not yet moved one's feet [i.e. taken one's 3 steps back at the end of the Amidah], one goes back to the Blessing of Years; and if one has moved one's feet, one goes back to the beginning of the prayer. And if one completed one's prayer [i.e. Amidah] and one is not accustomed to say supplications after one's prayer, even though one has not yet moved one's feet, they are [considered] as if they were moved. And if one remembered after one concluded [the blessing of] "Shomeya Tefilla" but prior to starting [the blessing of] of "Retzei" ("Be pleased"), it seems that one should say "And give dew and rain" [right then and there] and afterwards says "Retzei".
Siman 118
The Conclusion of the "Hashiva" ["Restore"] Blessing. Containing 1 S'if:
[The blessing of] "Hashiva Shofteinu" ["Restore our judges"] - one concludes it with [the words] "Melekh Ohev Tzedaka u'Mishpat" ["King, Lover of righteousness and justice"]. And between Rosh Hashana and Yom Kippur, one concludes with [the words] "Ha-Melekh Ha-Mishpat" ["The King of Justice"]. Gloss: However, if one said "Melekh Ohev Tzedaka u'Mishpat", one does not have to go back. And they only said that one needs to go back, in a place where they say "Ha'keil Oheiv Tzedaka u'Mishpat" ["The God, Lover of righteousness and justice"] during the entire year. (The R"i in the end of first chapter of Tractate Berachot, and the Tur and Hagahot Maimoni) And see below in Siman 582
Siman 119
The Laws of the One Who Wants To Add [Personal Prayers] In The Blessings. Containing 4 S'ifim:
If one wanted to add in any of the middle blessings, something similar the blessing, one may add. How so? If one had a sick person, one asks for mercy for [that person] in the blessing of "Refa'einu" ["Heal us"]. If one needs a livelihood, one may ask for it in the "Blessing of the Years". And in [the blessing] of "Shomeya Tefilla" ["Who hears prayers"], one may ask for any of one's needs, for it includes all the requests. Gloss: And when one adds, one should begin the blessing and, after that, add, but one should not add and then begin the blessing (Tur 567). And according to Rabbeinu Yona, when one adds to the blessing something similar to that blessing, if one is adding it on behalf of all of Israel, one says it in plural language and not singular language, and one should only add at the end of the blessing and not the middle. And if one is asking specifically for one's own needs, for example: there is a sick person in one's home or one needs a livelihood, one can ask even in the middle of the blessing, as long as one does so in singular language and not plural language. And in the blessing of "Shomeya Tefilla" and similarly at the end of prayer, either right before "Yihyu l'ratzon" ["May it be acceptable before You"] or after it, one may ask in either singular language or plural language, whether it is specifically for one own needs or for of the public.
There is one [authority] who says that when one adds to a blessing for one's individual needs, one should not make it lengthy.
If one skipped [something] or erred in one of the middle blessings, one only needs to go back to the beginning of the blessing in which one made the mistake in or skipped [something]; and from that point onwards, one goes back in the order [of the rest of the Amidah].
A prayer leader who finished [the blessing of] "Go'el Yisrael" ["Redeemer of Israel"] and did not say "Aneinu" ["Answer us"] [on a fast day] does not go back, even if one had still not finished [the immediate next blessing of] "Refa'einu" ["Heal us"]. And if one did go back, it is an empty blessing (Rather, one should say "Aneinu" in [the blessing of] "Shomeya Tefilla" as an individual does)
Siman 120
That It Is Proper To Say "R'tzei" in Every [Amidah] Prayer. Containing 1 S'if:
We say "R'tzei" in all the [Amidah] prayers; and this is not like those who have a custom to not say it in the afternoon [Amidah] prayer.
Siman 121
The Laws of "Modim". Containing 3 S'ifim:
We bow in "Modim" ["We are thankful"] at the beginning [of it] and at the end.
One who says "Modim Modim", we silence [that person].
An individual does not say "Birkat Kohanim" ["The Priestly Blessing"]. Gloss: And this is the principle, and it appears to me that [people should] practice like this. But the the widespread custom is not like this, rather even an individual says it any time it is appropriate to "spread the hands" [i.e. to say Birkat Kohanim], but this does not appear [correct to me]. (Beit Yosef in the name of Manhig [Sefer haManhig by Rabbi Avraham ben Natan, 13th century Provence])
Siman 122
Laws that are Applicable Between Sh'moneh Esrei and "Yih'yu L'Ratzon". Containing 3 S'ifim:
If one is inclined to interrupt [one's prayer] to respond to Kaddish or K'dusha between [the end of] Sh'moneh Esrei and "Yih'yu L'Ratzon" ["May it be acceptable"], one does not interrupt; for "Yih'yu L'Ratzon" is included in the [Sh'moneh Esrei] prayer. But between "Yih'yu L'Ratzon" and the rest of the supplications [that are said afterwards], it is fine [to interrupt]. Gloss: And this is specifically in a place where it is practiced to say "Yih'yu L'Ratzon" immediately after the [Sh'moneh Esrei] prayer. But in a place where they practice by saying supplications before "Yih'yu L'Ratzon", one may interrupt also for Kaddish and K'dusha. And in these places, the it is practiced to interrupt in "Elokai, Netzor" ["My God, guard"], before "Yih'yu L'Ratzon". And therefore, we interrupt also for K'dusha, Kaddish, and Bar'khu. [His own words, following to the Rashba that was brought by the Beit Yosef]One who was accustomed to say supplications after his [Sh'moneh Esrei] prayer - if the prayer leader began to order [i.e. recite] his [repetition of the] prayer and reached Kaddish or K'dusha, one should truncate [one's supplications] and stand up. And if one did not truncate [one's supplications], one may interrupt in the same way that one interrupts in a blessing of the Recitation of the Sh'ma; even in the middle of [one's recitation].
It is not proper to say supplications before "Yih'yu L'Ratzon", rather, after the completion of the Shemoneh Esrei, one immediately says "Yih'yu L'Ratzon", and if one wants to go back and say it another time after the supplications, the permission [to do so] is in one's hands.
One who is accustomed to say these 4 things will merit to greet "the face" of the Shechina: "Act for the sake of Your Name. Act for the sake of Your right hand. Act for the sake of Your Torah. Act for the sake of Your holiness."
Siman 123
The Laws of Bowing at the End of Sh'moneh Esrei. Containing 6 S'ifim:
One bows and steps three steps backwards, in a single bow. After one has stepped three steps, while still bowing, and before straightening up: when saying "oseh shalom bimromav", one turn one's head to one's left side; when saying "Hu ya-aseh shalom aleinu" - turn one's head to one's right side; and afterwards one bows deeply forward like a servant taking leave of his master. Gloss: And we practice: to say after this "Let it be [Your] will that the Temple be rebuilt, etc.". Because prayer is in place of the [Temple] service, and we therefore request regarding [the rebuilding] the Temple, where we would be able to perform the actual service (His own opinion).
In the place that the three steps [backwards] are concluded, one should stand and not return to one's place until the prayer leader reaches the Kedusha, or at least until the prayer leader begins to pray aloud. Gloss: The prayer leader [after finishing the individual Amidah and taking 3 steps back,] stands [in place] the amount of time it takes to walk four cubits before returning to [the prayer leader's] place to pray aloud. (Responsum of the Rashba - siman 436). And similarly, one praying alone should stand in the place where one's [three] steps were concluded, this amount of time, before returning to one's place. (Beit Yosef in the name of Rabbeinu Yerucham and the Yerushalmi). An individual who is praying with the congregation and finishes one's prayer before the prayer leader is forbidden to turn to face the congregation until the prayer leader finishes [the prayer leader's individual] prayer. (Beit Yosef in the name of Shibolei Haleket)
When one steps [backwards], one lifts [one's] left foot first. And the distance of these steps is minimally that one places the big toe [of one foot] next to the heel [of the other foot]. And ideally, one should not take larger steps than this. (Beit Yosef in the name of Orchot Chaim, and his own opinion, based on the reason that the Beit Yosef wrote for the 3 steps in the name of Rav Hai)
A person who adds to the three steps is considered haughty.
The prayer leader must also step 3 steps [back] when praying quietly. And when [the prayer leader] repeats the prayer aloud, there is no need to repeat stepping 3 steps back. (And if [the prayer leader] does not pray quietly, but only aloud, [the prayer leader] steps three steps [back] after [the prayer leader's] prayer aloud) (Abudarham)
When the prayer leader repeats the [Amidah] prayer, [the leader] should also say "Hashem, s'fatai tiftach" [the verse the precedes the Amidah]. (But does not say "Y'hiyu l'ratzon" at the end of the prayer.) (His own opinion as well as the Beit Yosef in the name of Ohel Moed)
Siman 124
Laws of the Conduct of the Prayer Leader during the Eighteen Blessings [i.e. Amidah], and the Laws of Answering Amen. Containing 12 S'ifim:
After the congregation finishes their prayer [i.e. Amidah], the prayer leader repeats the prayer, so that if there is anyone who does not know how to pray [the Amidah], [that person] will pay attention to what [the prayer leader] is saying and fulfill [that person's] obligation through that. And that one who is fulfilling an obligation through the prayer of the prayer leader must pay attention to everything that [the prayer leader] says, from beginning to end, and may not interrupt and may not converse, and [that person] steps three steps backwards just like one who prays by oneself.
A prayer leader who entered the synagogue and found the congregation praying the quiet [Amidah] prayer, and needs to "pass before the Ark" [i.e. needs to get in position to lead the repetition] immediately - [the prayer leader] goes down before Ark [i.e. takes the leader's position] and prays aloud for the congregation, and does not need to go back and pray quietly. Gloss: And so too, if there's a pressing circumstance, for example, [the leader] is afraid that the time of prayer will pass, [the leader] may pray aloud immediately and the congregation prays with [the leader] word for word quietly until after [the blessing of] "Hakeil Hakadosh". And it would be good if there is at least one person [available to] answer Amen after the blessings of the prayer leader. (Mahari"l)
A congregation which prayed [the Amidah] and all of them are experts in prayer [themselves] - nevertheless, the prayer leader should descend [to lead] and go back to pray in order to maintain the decree of our Sages. Gloss: And if there are individuals amongst the congregation who are prolonging their prayers, the prayer leader should not wait for them, even if they are the prominent people of the city. And so too, if there was a quorum in the synagogue, they should not wait for a prominent or great person who still has not yet arrived. ([Responsa of] Binyamin Ze'ev [16th Century] - siman 168)
When the prayer leader repeats the [Amidah] prayer, the congregation should be quiet, and focus on the blessings that the chazan is making, and respond "Amen". And if there are not 9 people who are focusing on [the prayer leader's] blessings, it is almost that [the prayer leader's] blessings are in vain. Therefore, each person should act as if there are not nine others [who are focusing] other [than that person], and should focus on the blessings of the chazan. (There are those who say that the entire congregation should stand when the prayer leader repeats the prayer. (Hagahot Minhagim))
For every blessing that a person hears in any place, one says, "Blessed is [God] and Blessed is [God's] Name."
And they answer "amen" after every blessing, both the [people] who already fulfilled their obligation to pray and those who did not; and the intention that one should hold in one's heart is: "the blessing that the blesser recited is true, and I believe in it".
One should not hold a common conversation at the time when the prayer leader is repeating the [Amidah] prayer. And if [a person] converses [on common matters], [that person] sins, and [that person]'s transgression is too great to bear, and we rebuke [that person]. Gloss: And one should teach one's young children that they should answer "amen", because immediately when a child answers "amen", [the child] earns a portion in the World to Come. (Kol Bo)
One should not respond [with] an "amen chatufa" [a hurried amen], which is when one pronounces the "alef" as if it is vocalized with a "chataf" [half-vowel], and also [means] that one should not rush and hurry to respond [with] it before the blesser finishes [the blessing]. Also, one should not respond [with] an "amen ketufa" [a truncated amen], which is when omits the pronunciation of the [letter] "nun" and does not pronounce it with one's mouth so that it is cut off(One should also not pause in the middle of the word) (Beit Yosef in the name of the Aruch). And one should not respond [with] an "amen yetoma" [orphaned amen], which is when one is obligated in a blessing and the prayer leader is reciting it [as well], but one does not listen to it - even though one knows which blessing the prayer leader is reciting, since one did not hear it, one should not answer "amen" after it, for that is an "amen yetoma". Gloss: And there are those who are stringent [and say] that even if one is not obligated in that blessing, one should not answer "amen" if one does not know which blessing the prayer leader is reciting, for that too is called an "amen yetoma" (Tur in the name of Tashba"tz). And one should not delay with the answering of "amen", but rather immediately when the blessing is completed, one should respond "amen" (Abudarham). And one should not respond [with] a "amen k'tzara" [shortened amen], but rather lengthen it a little in order that one could say [the words] "El Melekh Ne-eman" ("God, Faithful King"), but one should not extend it [to be] too long since the recitation of the word cannot be understood when one extends it [to be] too long.
If a few of the respondents are extending [their "amen"] too long, the blesser does not need to wait for them.
One who forgot and didn't say "Ya-aleh Veyavo" on Rosh Chodesh or Chol Hamoed, or any other thing that one would be required to repeat, one should focus and listen to the the entire eighteen blessings [i.e. Amidah] from the prayer leader from beginning to end, like one who prays oneself, and one should not interrupt nor converse, and one takes 3 steps backwards [at the end]. Since one already prayed, but just forgot and didn't remember, even though one is competent [to pray oneself], the prayer leader fulfills one's obligation.
If, while one is [in the middle] of praying [the Amidah], the prayer leader concluded a blessing [of the repetition], and prior to the response of Amen by the majority of the congregation, one finished one's prayer [i.e. Amidah], one may answer Amen with them. Gloss: And even if one didn't hear the blessing at all, but one hears the congregation answering Amen and one knows which blessing they are up to, one may answer [Amen] with them. And so too with Kaddish, Kedusha, and Bar'khu. (Beit Yosef, Orach Chayyim)
The one who is answering Amen should not raise one's voice louder than the one making the blessing.
Siman 125
The Laws of Kedusha. Containing 2 S'ifim:
The congregation does not say "Nakdishakh..." [the opening of the Kedusha] together with the prayer leader, rather they should be silent and concentrate on what the prayer leader is saying, until [the leader] reaches Kedusha [proper], and then the congregation answers "Kadosh". Gloss: And people should raise the eyes on high at the time at which they are saying Kedusha, and also move their body and lift themselves from the ground [Tur and Shibolei Leket]. And one should not speak in the middle of Kedusha [Mahari"l and Beit Yosef in the name of Mahari"a and Derech Eretz Zuta]. And one who [already] said the order of the Kedusha and came to the synagogue and found the congregation answering Kedusha should repeat it and answer with them [Responsum of the Rashb"a - siman 249]
It is proper is pay attention to one's feet [i.e. keep them together] at the time when one is saying Kedusha with the prayer leader.
Siman 126
The Laws of a Prayer Leader Who Erred. Containing 4 S'ifim:
A prayer leader who erred and skipped one of the blessings [of the Amidah], but when they reminded [the leader] of it, [the leader] knows to which place to return [in the prayer], they need not remove [the leader from leading]. If, however, [the leader] skipped the "Blessing Concerning the Heretics" ["al ha-Malshinim"], they remove [that leader] immediately because perhaps [the leader] is a heretic [Apikorus]. But if [the leader] began [that blessing] and [then] erred, we do not remove [the leader].
If a prayer leader erred and does not know to which place to return [in the Amidah], another person should replace [the original leader] (in the manner that was explained above in siman 13). And [the replacement] begins from the beginning of the blessing [where the error occurred]. This is if the erring was in [one of] the middle [blessings], but if [the error] was in one of the first three [blessings], [the replacement] begins from the start [of Amidah]. And if [the error was] in [one of] the latter three [blessings], [the replacement] must begin with [the blessing of] Retzei [the beginning of the latter three].
In any case in which an individual goes back and prays [the individual Amidah again due to a mistake], [so too] a prayer leader goes back and prays [again] if [the prayer leader] erred in like manner when praying [the Amidah] aloud - except for Shacharit of Rosh Chodesh - since if the prayer leader forgot and did not realize [and recite] Ya-aleh V'yavo before [the leader] finished [the leader's] prayer [i.e. Amidah], We do not require [the leader] is go back [and repeat the Amidah again], because this would be a burden for the congregation since after all, the Musaf prayer is still to come and in which [the prayer leader] mentions Rosh Chodesh. But if it was remembered before [the leader] concluded [the leader's] prayer, [the leader] goes back to [the blessing of] Retzei and it is not considered a burden for the congregation. Gloss: There are those who say that if [the leader] made a mistake in Shacharit of Shabbat, or of Yom Tov, the rule is the same as Rosh Chodesh, and this is how we practice (Tur and Sefer Mitzvot Katan])
If a prayer leader erred when [the leader] prayed [the Amidah] quietly, [the leader] is never required to go back and pray it a second time, because it is a burden for the congregation. Instead, [the leader] should rely on the [Amidah] prayer that [the leader] will say aloud. And this [applies if] [the leader] did not err in the first three [blessings], because if [the leader] errs in those, [the leader] must always go back[to the beginning], just as an individual goes back.
Siman 127
The Laws of Modim D'Rabbanan ["Modim of the Rabbis"]. Containing 2 S'ifim:
When the prayer leader reaches "Modim", the congregation bows with [the leader], but they shouldn't bow [down] too far; and they say "We are thankful to You, (that You Hashem are) our God, God of all flesh etc."; and they conclude: "Blessed is the God of thanksgivings" without mentioning the [divine] Name. And there is one [authority] who says that one needs to also bow at the end, and it is proper to heed his words. (There are those who say that one should be bowing once while saying the entire thing, and that is the custom) (Piskei Mahari"a [R. Yisrael Isserlein])
If there are no Kohanim there, the prayer leader says "Our God, and God of our ancestors, bless us with the threefold blessing etc." until "and I will bless them". And the congregation should not answer "Amen" after it, rather [they should say] "May it be Your will". Gloss: We don't say "Our God, and God of our ancestors, etc." except at a time [of day] when it's suitable for the Kohanim to lift their hands [to bless the people]. And we practice is to say "Sim Shalom" in the morning prayer and any time that "Our God, etc." is said, but otherwise, we begin "Shalom Rav". And there are those who say "Sim Shalom" in the afternoon prayer on Shabbat since it says in it [i.e. in Sim Shalom] "by the light of Your countenance You gave us... [a Torah of Life]", which is referring to the Torah, from which we read during the afternoon prayer on Shabbat. (Hagahot Maimoni - chapter 8 in the Laws of Prayer)
Siman 128
Raising the Hands [to perform Birkat Kohanim - The Priestly Blessing] And Which Things Invalidate A Kohen. Containing 45 S'ifim:
There is no "raising of the hands" [i.e. Birkat Kohanim] with less than ten [i.e. a quorum/minyan], and the Kohanim [who bless come from] the minyan [i.e. they are part of the initial minyan; not in addition to it]. A non-Kohen should not "raise the hands", even along with (others who are Kohanim) (Ketubot, ch. 2, daf 24, states that a non-Kohen violates a positive commandment) (but Tosafot in the chapter "Kol Kitvei" [Shabbat, ch. 16] states that the R"i does not know what prohibition there would be for a non-Kohen who ascends [for Birkat Kohanim], and it is possible that along with others who are Kohanim [it would be permitted]; but this requires further consideration).
Any Kohen who does not have one of the things that prevent [him from performing Birkat Kohanim] — if he does not ascend to the platform, even though he has [only] forfeited one positive commandment, it is as if he has violated three positive commandments if he was in the synagogue when they called "Kohanim" or if they told him to go up or to wash his hands.
If he had gone up once [already] that day, he would not be violating [the positive commandment if he did not go up subsequent times], even if they told him, "Go up."
When the Kohanim do not want to ascend to the platform, they are not required to stay outside the synagogue except during the time when the chazzan calls "Kohanim." Nevertheless, so that people shouldn't say that they are disqualified, it is customary that they do not enter the synagogue until Birkat Kohanim is completed.
Kohanim may not ascend to the platform in shoes, but in socks it is permitted. (Some are stringent if they [the socks] are made of leather) (Aguda, Chapter "HaKoreh et HaMegilla" [Megillah Chapter 2]) (and they practice leniently in a few places).)
Even though the Kohanim washed their hands in the morning, they go back and wash their hands again until the wrist, which is the joint connecting the hand and the arm. The Levi pours water on their hands, and prior to this, the Levi washes his [own] hands. Rem"a: We do not have the custom that the Levis wash their hands first; rather they rely on their morning's washing.
If the kohen washed his hands in the morning and made the blessing of Netilat Yadayim, he should not repeat the blessing when he washes his hands for Birkat Kohaim.
When the prayer leader starts the "Retzei" blessing, every Kohen that is in the synagogue must "uproot" himself from his place to go up to the platform, and even if he doesn't reach there until the prayer leader concludes Retzei, that's fine. But if he did not "uproot" his feet at Retzei, he may no longer go up.
When the Kohanim "uproot" [Rashi, Tosefot, and the Ran wrote that they should not say it until they are standing by the ark, and such wrote the Beit Yosef] their feet to ascend to the platform, they say "May it be Thy will before You, G-d our Lord, that this blessing that You commanded us to bless Your people Israel will be a perfect blessing, and there should not be in it any impediment or wrongdoing from now until forever." And they elongate this prayer until the conclusion of the "Amen" of the "Modim" blessing from the congregation.
They stand on the platform, their faces towards the ark and their backs towards the people, and their fingers folded into their palms, until the prayer leader finishes Modim. Then, if there are two [Kohanim], he (the prayer leader)[Tur in the name of R"i and the Rambam] calls to them "Kohanim". Rem"a: He should not say "E-lokeinu v'E-lokei Avoteinu..."; but some say that he does recite it quietly until the word "Kohanim," and then he recites it loudly (Tur in the name of R"i and the Maharam M'Rotenburg); and then he continues and recites "Am k'doshecha ka'amor" quietly. This is the custom in these countries. Then, [the Kohanim] turn their faces toward the people. But if there if is just one [Kohen], [the prayer leader] doesn't call to him; rather, [the Kohen] turns his face on his own.
When they turn their faces toward the people, they bless: "Who has sanctified us with the sanctity of Aaron and commanded us to bless His people Israel with love."
They raise their hands opposite their shoulders, and raise the right hand slightly above the left, and stretch out their hands and separate their fingers, and they aim to make five spaces: between two fingers (ie. the pinky and ring fingers) and the other two fingers (ie. the middle and index fingers) is the first space [on each hand]; between the index finger and the thumb; and from thumb to thumb. They spread their palms so that the interior of their palms faces the ground and the backs of their hands faces heaven.
The Kohanim begin to say "Yevarechecha". Rem"a: Some say that even the word "Yevarechecha" is called out by the prayer leader first [Tur and the Ran - chapter "Hakoreh", and Hagahot Maimoni], and such is our custom in these countries. Afterward, the prayer leader calls out to them word by word, and they respond after him with each word, until they conclude the first verse. And then the congregation answers, "Amen." And so after the second verse; and so after the third verse.
Birkat Kohanim can only be performed: in Hebrew; standing; with outstretched palms; and in a loud voice.
Afterwards, the prayer leader begins [the blessing of] "Sim Shalom," and then the Kohanim turn their faces toward the [front of the] sanctuary, and they recite: "Master of the Universe, we have performed what You have decreed on us; perform what you have promised us: "Look forth from Thy holy habitation, from the Heavens, and bless Thy people Israel..." Rem"a: And they should elongate this supplication until the prayer leader concludes Sim Shalom, so that the congregation answers "Amen" to both of them. But if they are not able to elongate this much, they should recite "Adir bamarom..." as stated below, siman 130. (Rashi - chapter "Eilu Ne'emarin", and Hagahot Maimoni)
The Kohanim are not permitted to turn their faces until the prayer leader begins "Sim Shalom," and they are not permitted to curl up their fingers until they turn their faces. They must stand there and they are not permitted to move from there until the prayer leader concludes "Sim Shalom." But there are those that say that they must wait until the congregation concludes answering "Amen" after the blessing of Sim Shalom (Rem"a: and this is our custom).
When they turn their faces—whether at the beginning or at the end—they should only rotate rightward. Rem"a: When they go down from the platform, the should not touch their dirty shoes; and if they did touch them, they must wash their hands for prayer, for they will continue praying after this. (Agudah - chapter "Haya Koreh")
The caller who calls out "Kohanim" is not permitted to call out "Kohanim" until the congregation finishes enunciating "Amen" that they answer after the blessing of Modim; and the Kohanim are not permitted to start the blessing of "Who has sanctified us with the holiness of Aaron..." until the caller finishes enunciating the word "Kohanim;" and after the Kohanim make the blessing of "Who has sanctified us with the holiness of Aaron...," they are not permitted to start "Y'varechecha" until the entire congregation finishes enunciating "Amen" that they answer after the blessing of "Who has sanctified us with the holiness of Aaron...;" and similarly, they are not permitted to start each word until the caller finishes enunciating that word; and the congregation is not permitted to answer "Amen" until the Kohanim finish enunciating each blessing. Rem"a: And the Kohanim should not begin [reciting] "Master of the Universe..." until the congregation finishes enunciating "Amen." (Beit Yosef)
The prayer leader is not permitted to answer "Amen" after the Kohanim's blessing.
If the prayer leader is a Kohen - if there are other Kohanim, he should not perform Birchat Kohanim. (Rem"a: And they should not tell him to go up or to wash his hands; however, if they said this to him, he is required to go up, because otherwise he would be in violation of a positive commandment if he does not go up.) (Mordechi -chapter "Hakoreh Omed"; Hagahot Maimoni - chapter 15 of the Laws of Prayers; Agur) Even if there is no Kohen there but he, he should not perform Birkat Kohanim unless he is certain that he is able to return to his recitation of the Shemonah Esrei without becoming confused; for if he certain of this, then since there is no other Kohen but he, he should perform Birkat Kohanim so that Birkat Kohanim will not be negated. How should he perform it? He should "uproot" his feet a little bit at the blessing of Avoda (ie. the blessing of "Retzei"); then he should continue reciting until "U'Lecha na'eh l'hodot", then he should ascend the platform and perform Birkat Kohanim, and someone else calls to him; and then the prayer leader concludes with "Sim Shalom." But if the caller had intention [to fulfill his obligation] with the prayer leader's recitation of the Shemonah Esrei from beginning to end, it is better if the caller concludes "Sim Shalom".
The Kohanim are not permitted to sing Birkat Kohanim using two or three tunes, because there is a concern that they will become confused; [therefore,] they should only sing a single tune from the beginning till the end.
They should try to have the caller be an Israelite (ie. a non-Kohen). And when the chazan is a Kohen, an Israelite should stand next to him and call out "Kohanim" and he calls [out each word] to them, and the chazan [who is a Kohen] stands next to him and remains silent.
At the time that the Kohanim bless the congregation, they should not glance [around] nor get distracted; rather, their eyes should face downward in the same way one stands in prayer. The congregation should be attentive to the blessing, and their faces should face the Kohanim, but they should not stare at them. Rem"a: And the Kohanim should also not stare at their own hands; therefore, it is customary for them to wrap their tallis on their faces and keep their hands outside the tallis. And there are some places where they have the custom that their hands are kept within the tallis, so that the congregation does not stare at them (Beit Yosef).
The congregation that are behind the Kohanim are not included in the blessing, but for those in front of them and to their sides, even an iron wall does not separate them. And even those behind them, if they are faultless, for example those in the fields who are busy with their work and are unable to come, they are included in the blessing.
A synagogue that is full of Kohanim, if there are only ten, they all go up to the platform [to perform Birkat Kohanim]. To whom do they perform the blessing? To their brethren in the fields. And who answers after them "Amen"? The women and children. And if there are more than ten [Kohanim], those above [the count of] ten go up and perform the blessing, and the ten answer after them "Amen."
At the time that they perform the blessing [of Birkat Kohanim], one should not recite any verse; rather they should remain silent and be attentive to the blessing. Rem"a: Nevertheless, nowadays where the Kohanim [have the custom to] substantially prolong their tunes, it is the custom to also recite verses, like we explained above in siman 57 regarding Barchu, but it is still better not to say any. (His own opinion).
A Kohen is not permitted to add anything on his own accord in addition to the three verses of Birkat Kohanim; and if he does add, he violates [the commandment of] "Thou shalt not supplement."
A Kohen who performed Birkat Kohanim and afterward went to another synagogue and found that the congregation has not yet reached Birkat Kohanim, he may perform Birkat Kohanim once again.
A Kohen who has not yet prayed yet found the congregation already praying may perform Birkat Kohanim, and the [fact that he did not yet recite his own] prayer does not preclude him [from performing Birkat Kohanim].
One who has an deformity on his face or his hands, for example "bohakniyot", "akumot", or "akushot" ["bohakniyot" means a type of white lesions, and Rashi explains it means spotted like lentils in Old French; "akumot" means crooked; "akushot" means bent to the sides. The Ran defines: "akumot" means that his hand is bent backwards; "akushot" means he is unable to separate his fingers] should not perform the priestly blessing because the congregation will stare at him. And the same applies for one who has an deformity on his feet, in a place where they ascend to the platform without socks. And so too one who has spittle/mucus drooling down his beard, or if his eyes tear up, and similarly, one who is blind in one of his eyes; [all these] should not perform the priestly blessing. However, if he is "broken in" in his city, meaning that they are familiar with him and everyone recognizes that he has this deformity, he may perform the blessing, even if he is blind in both eyes. Anyone who has stayed in the city for thirty days is called "broken in in his city," but only in his city — whereas if he goes temporarily to a different city and stays there thirty days, no. Even if he did not come to live in the city to become one of the city residents, but rather he came to become a schoolteacher or scribe or attendant for a year or half a year, this is considered "broken in in his city thirty days."
If the custom of the place is for the Kohanim to drape the tallit over their faces, even if there are many deformities on his face and hands, he may perform the priestly blessing. Rem"a: This is only if his hands are inside the tallit, but if they are outside, the tallit does not help for his [deformed] hands.
If his hands are the color of "istis" or "puah" [which are types of colors], he should not perform the blessing because the congregation will stare at them. But if this is the occupation of most of the city (ie. their occupation causes their hands to become dyed/discolored), he may perform the blessing. (And similarly, if he is "broken in in his city" he may perform the blessing.
One who does not know how to enunciate letters - for example, he who pronounces Alephs as Ayins or Ayins as Alephs, or similar examples, he should not perform the priestly blessing.
A minor who has not grown two [pubic] hairs may not perform the priestly blessing by himself at all, but with adult Kohanim, he may perform the blessing to learn and to become accustomed. One who has grown two hairs may perform the blessing even by himself. However, this may only be done occasionally, but not regularly, until his beard fills out, for then he is permitted to routinely perform the blessing alone. Anyone (ie. any Kohen) who has reached the age where it is possible to grow a full beard, even if it has not actually filled out, he is still considered one who has a full beard. (See above in siman 53, se'if 8)
A Kohen who has killed a person, even unintentionally, may not perform the priestly blessing, even if he has repented. Rem"a: Some say that if he has repented, he may perform the blessing, and there is ground to be lenient with respect to the penitent, so as not to shut the door before them. And so is the custom. (His own opinion - because this is no worse than a [repentant] apostate; and so too does it seem from the Hagahot Maimoni) (Tur, Rashi, many others, Agur, Bet Yosef).
If he performed a circumcision on a baby yet it died, he may still perform the priestly blessing. And even if the public is spreading rumors about him that he is a murderer, since the matter has not been clarified, he may still perform the priestly blessing.
An apostate that converted to idol worship may not perform the blessing. Some say that if he has repented, he may perform the blessing (and this is primary ruling). If he was forced [to convert to idol worship] everybody agrees that he may perform the blessing.
A Kohen who has drunk a fourth [of a log = the standard measure] of wine in one sitting may not perform the priestly blessing. If he drank [that measure] in two sittings, or if he introduced into it a little water, it is permissible. If he drank more than a fourth, even if it was diluted, and even if he drank it in multiple stages, he may not perform the blessing until he has rid himself of the [effects of the] wine.
If he does not have any of the disqualifying factors for the priestly blessing, even if he is not careful with mitzvot and the entire congregation complains about him, he may perform the priestly blessing. Because other sins do not prevent him from performing the priestly blessing.
A Kohen that married a divorcée may not perform the priestly blessing, and we do not treat him with sanctification, even to call him up to the Torah first. And even if he divorced her or she dies, he is invalid [as a Kohen] until he vows to not get any benefit, with the congregation's consent, from women who are forbidden to him.
If he became ritually impure due to a dead body that was not one of the seven obligatory deceased [relatives], he is invalid for the platform [for the blessing] and for all other priestly privileges, until he repents and commits not to continue to defile himself over dead bodies. Some say that for one who has a daughter that became an apostate that converted to idol worship or that committed adultery, it is no longer incumbent to sanctify him [as a Kohen], "for she degrades her father" (Lev. 21:9) (Mordechi in chapter "Nigmar Ha'din").
A challal (ie .the son of Kohen and a woman prohibited to a Kohen) may not perform the priestly blessing.
After the seven days of mourning, he may perform the blessing. But during the seven days of mourning, he should leave the synagogue while they are calling "Kohanim". Rem"a: Some say that during the entire period of mourning, even until twelve months for his father or his mother, he may not perform the blessing (Mordechi at the end of chapter "Hakoreh Omed", and Hagahot Maimoni), and so is our custom in these countries.
A Kohen, even though he is single, performs the priestly blessing. Rem"a: Some say that he should not perform the blessing, for one who lives without a wife lives without joy, and one who blesses must be in a joyous state [Mordechi - chapter "Hakoreh Omed"]. And our custom is that he does perform the blessing, even though he is not married. Nonetheless, if he does not want to perform the blessing [for this reason], we do not protest. Still, he should not be in the synagogue when they call out "Kohanim" or tell them to wash their hands. The custom in these lands is that they only perform the priestly blessing on Yom Tov since then they are in a joyous state due to the Yom Tov, and "a good heart is the one that blesses". As opposed to other days, even Shabbat during the year where people are distracted by thoughts of their livelihood and missing work. And even on Yom Tov, they only perform the priestly blessing during the Mussaf service, for [immediately after] they leave the synagogue and are joyous due to Yom Tov. [His own opinion]. And every Shachrit and Mussaf prayer service where they do not perform the priestly blessing, the prayer leader says "Our G-d, and the G-d of our forefathers...", like was mentioned above at the end of siman 127. And they perform the priestly blessing on Yom Kippur just like on Yom Tov. And there are places where they perform the blessing during Ne'ilah; and there are places where they do even in Shachrit....
These are the words where the Kohanim turn [while saying] them, to the south and north: "Yi'varechecha", "V'yishmerecha", "Eilecha", "Viy'chuneka", "Eilecha", "Lecha", "Shalom". Rem"a: And the custom is that they (ie. the Kohanim) elongate their singing with these words because each one of them is the ending of an individual blessing. And they (ie. the congregation) say "Ribon", as is explained in siman 130, while the Kohanim are stretching out their singing at the end of the verses, meaning [the words] "V'yishmerecha", "Viy'chuneka", and "Shalom". And the one who calls out should not say "Ribon" etc. [Teshuvot Mahari"l - siman 148]. It is forbidden to get benefit from a Kohen, even nowadays, for it is like getting benefit from sanctified property, unless the Kohen gave permission [Mordechi in his hagahot to tractate Gittin].
Siman 129
In Which Prayers Do They Perform Birkat Kohanim. Containing 2 Se'ifim:
They Only Perform Birkat Kohanim during Shacharit, Mussaf, and Ne'ilah - on a day that has Ne'ilah, such as Yom Kippur; but not during Mincha, since it is common for people to be drunk during that time, and perhaps the Kohen will be drunk. The Sages decreed [not to perform Birkat Kohanim] during Mincha on a fast day because of Mincha on other days (ie. lest people come to think that Birkat Kohanim during a regular Mincha is permitted). But on a fast day that does not have Ne'ilah, since the Mincha prayers are said close to [the time of] the setting of the sun ("Sh'kiyah"), it's similar to the Ne'ilah prayers and will not be confused with Mincha on other days, therefore they do perform Birkat Kohanim. [Rem"a:] And our custom has already been explained above in siman 128.
A Kohen who transgressed and went up to the platform [to perform Birkat Kohanim] on Yom Kippur during Mincha - since it's known that no one is drunk then, he may perform Birkat Kohanim, and they (the congregation) may not remove him since there is a concern - that people shouldn't say that he was unfit [to perform Birkat Kohanim] and that's why they removed him. Rem"a: Therefore, during Mincha on Yom Kippur, [the prayer leader] says "Our G-d, and the G-d of our Forefathers...", even though it's not a time that's fitting to perform Birkat Kohanim; nevertheless, since if a Kohen did go up, we do not remove him, it's considered to be somewhat of a fitting time [Hagahot Maimoni]. And that s the custom in these lands, even though there are some who disagree.
Siman 130
[The Law Of] The "Ribono Shel Olam" ("Master of the World") [Prayer] That Is Said During Birkat Kohanim. Containing 1 Se'if:
One who saw a dream and did not know what he saw should stand before the Kohanim when they ascend the platform and say [the following prayer]: "Master of the world, I am Yours and my dreams are Yours etc.". And he should aim to finish when the Kohanim [finish their blessing] and the congregation answers Amen. And if not (ie. if he finished before the Kohanim finished their blessing), he should say [the following prayer: "Majestic One on high, Who dwells in power, You are peace and Your Name is peace. May it be Your will that You bestow upon us peace". Rem"a: And in a place where they do not ascend the platform [to perform Birkat Kohanim], he should say all this while the prayer leader says "Sim Shalom" and finish at the same time as the prayer leader in order that the congregation answer Amen [to both]. [The Ra"n - chapter "Haro'eh]
Siman 131
The Laws of "Nefilat Apayim" ("Falling on the Face"). Containing 5 Se'ifim:
One should not speak between [the Amidah] Prayer and Nefilat Apayim. When one "falls on his face", the custom is to lean [on] one's left [arm]. Rem"a: And some say to lean [on] one's right [arm]. But the correct way is that during Shacharit when he is wearing tefillin on his left arm, he should lean on his right arm because of honor for the tefillin. But [towards] the evening (ie. when doing Nefilat Apayim during Mincha), or when he is not wearing tefillin on his left, he should lean on his left [arm]. And after he "fell on his face", he should lift his head and say some supplications while sitting; each place should do according to their custom. And the widespread custom is to say "Va'nachnu Lo Neida etc." ("And we do not know...") and then Half Kaddish, Ashrei, and La'mnatzeyach [Tur]. And even on days when we do not recite Tachanun, we say La'mnatzeyach, except for Rosh Chodesh, Chanuka, Purim, Erev Pesach, Erev Yom Kippur, and the 15th of Av. [Minhagim. And see below in siman 559
"Nefilat Apayim" is [said] sitting and not standing. Rem"a: Some say that "Nefilat Apayim" is only said in a place that has an ark with a Torah in it; but if not, then the supplications are said without covering one's face, and that is the our custom (Beit Yosef in the name of Rokeach - siman 324). And [regarding saying "Nefilat Apayim" in] a courtyard/room of the synagogue which is open to the synagogue (Mahari"l), or at the same time when the congregation is praying, then even an individual in his home may say the supplications while "falling on the face".
"Nefilat Apayim" is not recited at night. In the latter part of the night, the custom is to "fall on one's face" since it's close to daytime.
The custom is to not "fall on one's face" in the house of a mourner or a groom, and not in a synagogue on a day when there is a brit milah (circumcision) taking place or when a groom is present. Rem"a: And this is specifically when the circumcision or the groom is in the same synagogue [where one is praying], but if the circumcision is not in that synagogue, even though it's in a different one [in the same city], Tachanun is said (Piskei Mahari"a - siman 81). And on the day of a circumcision, when Tachanun is not said, that is only during Shacharit, since that is when they are circumcising the baby; but during Mincha, even though they are praying in the presence of the circumcised baby, Tachanun is said. As opposed to a groom, where we do not say Tachanun the entire day when praying in the presence of the groom (Hagahot Maimoni - chapter 5 in the Laws of Prayer). And he is only called a "groom" on the [actual] day that he enters the chuppah (wedding canopy).
If a circumcision fell out on a public fast day, we recite the Selichot (Penitential) prayers and say Vidui (Confession prayers), but we do not "fall on the face" nor do we say "Ve'hu Rachum" ("And He is Merciful") during Shacharit, even in a place that does recite it otherwise.
The custom is to not "fall on the face" on T"u B'Av (the 15th of Av), T"u B'Shvat (th 15th of Shvat), Rosh Chodesh, nor on the Mincha that precedes it, and not on Chanukah, and some say also not on the Mincha that precedes it (and that is the custom). On Purim we do not "fall on the face". On Lag Ba'omer we do not "fall on the face. On Erev Yom Kippur, we do not "fall", and so too on Erev Rosh Hashana, even during Shacharit. [Minhagim]
The widespread custom is to not "fall on the face" the entire month of Nissan, and not on the 9th of Av, and not between Yom Kippur and Sukkot. [And not from the beginning of Rosh Chodesh Sivan until after Shavuot.]
An important/prominent person is not permitted to "fall on his face" when he is praying with the congregation, unless he is confident that he will be answered like Yehoshua ben Nun. It is also forbidden for any person to "fall on their face" by [lying face down and] extending their hands and feet, even if it's not a stone floor (Hagahot Ashiri - end of the chapter on The Morning Prayers, and the Riba"sh - siman 412). But if one is leaning a little on his side, it is permitted as long as it's not a stone floor; and that is how it should be done on Yom Kipper when they "fall on their face", [or] if they spread out grass [on the floor] in order to make a separation between [them and] the floor, and that is the custom. [Mordechi]
Siman 132
The Laws of Kedushat Uva Le'tzion. Containing 2 Se'ifim:
We translate the k'dusha of "Uva l'tzion" and one needs to be very careful to say it with concentration. Rem"a: Concerning whether one who is praying alone says it, it is like the k’dusha in “Yotzer” (the first bracha of Kriat Shema) - see above siman 59. And with the k'dusha that is translated, the individual says it but two [people praying together] do not, and it should not be said out loud. (Beit Yosef - siman 59)
It is forbidden for one to leave the synagogue before the Kedusha of "Uva l'tzion". Rem"a: At the conclusion of the prayers, we say Aleinu Leshabei'ach while standing (Kol Bo), and one should be careful to say it with concentration; and when he reaches [the words] "Lo Yoshia", he should pause a moment before saying "Va'anachnu Kor'im etc."[Tur]. And then they say Kaddish Yatom after Aleinu; and even if there is no orphan in the synagogue, it should be said by a person who does not have a [living] father and mother; And even one who has a [living] father and mother may say it as long as his father and mother are not particular about it [Agur, Tashbe'tz, and Teshuvat Mahari"l - siman 64]. And one should say "Pitum Ketoret" in the afternoon and morning after the prayers; and they say "Ein Kelokeinu etc" first. And then they say "Ha'shir She'halevi'im Hayu Om'rim Ba'mikdash", but only during Shacharit (Tur). There is an opinion that one should be careful to recite "Pitum Ketoret" from a text and not by heart; since the reading is in place of the burning [of the incense], and we are concerned that he might omit [Beit Yosef in the name of Mahari"a and Orchot Chaim] one of the spice ingredients [in his reading], and we say that there is a death penalty for someone who leaves out one of the spices [from the actual Ketoret]. Therefore, the custom is to not recite it during the week when people are rushing to get to work, and we are concerned that one might omit [one of the ingredients]. And when one leaves the synagogue, he should say "Hashem, nechani etc." [Kol Bo], and he bows and then leaves. [Mahari"l]
Siman 133
The Laws of Borchu on Shabbos. Containing 1 Se'if:
On Shabbos and Yom Tov we don't say Borchu after the last Kaddish. Rem"a: Even in a place where they say it during the week [because] perhaps there were individuals who were not in the synagogue when they said Borchu; nevertheless, on Shabbos and Yom Tov we don't say it because everybody comes to synagogue before Borchu. [Beit Yosef in the name of Riba"sh]
Siman 134
The Order of "Ve'hu Rachum" and Lifting The Torah. Containing 2 Se'ifim:
Rem"a: The custom is to increase supplications on Monday and Thursday [Tur] and say "Ve'hu Rachum"; and it is said out loud. And if one did not say it while standing, he transgresses a Rabbinic enactment and he is called "breaching a fence". Rem"a: Indeed, the custom is to say it while standing, but we say it quietly. And regarding the custom to increase supplications on Monday and Thursday, it is because they are days of [Divine] favor, and therefore the custom is to also fast on those days [Tur].
One shows the writing of the Torah scroll to the people standing to his right and to his left, and then turns it to those before him and those behind him, for it is a mitzvah for all the men and women to see the writing and to bow and to say "Ve'zot Hatorah... Torat Hashem Temima etc." ("And this is the Torah... Hashem's Torah is Perfect etc."). Rem"a: And the custom is to do this after they read from the Torah, but when they remove it [from the Ark] they prayer leader says "Gad'lu" and the congregation answers "Romemu... Av Harachamim Hu Yeracheim Am Amusim etc."("Exalt... May the Father of mercy have compassion on the people borne by Him etc."). And some say to say "Al Hakol Yit'gadal [Masechet Sofrim - chapter 14, and the Tur and Mahari"l] and this is the custom on Shabbat and Yom Tov. And one [who carries the Torah] should hold the Torah on his right (Mahari"l). And when the first one goes up to read, they say "Baruch She'natan Torah etc." (Blessed is the One who gave the Torah etc.") [Kol Bo]
Siman 135
The Order of Reading From the Torah on Monday and Thursday. Containing 14 Se'ifim:
On Monday, Thursday and Shabbat Mincha we read three [Aliyot], and we don't subtract or add to them, and we don't read a Haftarah (ie, from the Nevi'im/Prophets). Rem"a: If there are two grooms in the synagogue and they are "Yisraelim" (ie. not Kohanim or from the tribe of Levi), it is permitted to add a fourth Aliya, because for them it is like Yom Tov when it is permitted to add (Mordechi - Perek Hakorey Omed; Hagahot Maimoni - Perek 12 Mehilchot Sefer Torah). And it seems that the same applies for two people making a Brit Milah, because it is like Yom Tov for them, like it says later in Siman 559 (and the laws of Shabbat and Yom Tov are seen later in Siman 382 regarding adding [aliyot]).
The place that we stop [reading from the Torah] on Shabbat during Shacharit, from there we [start to] read on [Shabbat] Minchah, and on Monday, Thursday, and on the following Shabbat [morning]. Rem"a: If they missed out on Shabbat from the public reading of the parashah, then the following Shabbat they read that parashah (i.e. the missed one) along with the parashah belonging to that (i.e. the following) Shabbat (Or Zarua); and see below, chapter 282 regarding adding [aliyot].
A Kohen reads first from the Torah, followed by a Levite, followed by Israel.
The widespread custom is that even a Kohen who is an ignoramus reads before a great [Torah] scholar that is a Yisrael (ie. someone not a Kohen or from the tribe of Levi), as long as the Kohen knows how to read. Rem"a: However, if he is able to read word for word with the prayer leader, that is sufficient; like it says later in Siman 139) (Abudraham). For if he doesn't know how to read, how will he recite the blessing on the Torah [reading]?
If the Torah scroll was open and the Kohen was reciting Shema, he is not permitted to interrupt, and they call up a Yisrael instead. Rem"a: And similarly, on the fast days that follow Pesach and Sukkot, where we read "Ve'yechal" - if the Kohen is not fasting, we call a Yisrael [instead]; and it's preferable for the Kohen to step out from the synagogue (Mahari"k - shoresh 9).
If a Kohen entered the synagogue after a Yisrael began reciting the Torah blessing, he (the Yisrael) does not stop. But [if he only recited] Barchu, it is not [considered] the beginning [of the blessing], and the Yisrael should stand by the table/bimah until the Kohen and Levi conclude [their aliyot], and then he reads. And if there is no Kohen in the synagogue, the Yisrael reads instead of a Kohen and a Levi should not be called after him. Rem"a: But [a Levi] may be called up for the first [aliyah when there is no Kohen present] [Beit Yosef and Mahari"l in the name of R. Yerucham - netiv 2 in the third volume]. And when they call him (the Levi) up, they should say "Instead of a Kohen" so that people should not mistakenly think that he is a Kohen [Tur].
If there was a Kohen and a Levi in the synagogue and the Kohen read [his aliyah], and [then] thinking that there is no Levi there, he started reciting the Torah blessing a second time, we do not stop him.
If there is no Levi in the synagogue, the Kohen that was called first should bless a second time in place of a Levi, but not a different Kohen, so that people shouldn't say that the first one was invalid.
Similarly, two Levi'im should not be called up, one after the other, so that people should not say that one of them is invalid.
The custom is to call a Kohen after a Kohen if a Yisrael was called up between them. And the Chazan should say, when he calls the second Kohen: "Even though he is a Kohen", and we do similarly for a Levi after a Levi. Rem"a: Therefore, it is permissible for them to come up for the maftir aliyah in this way. And if we call them up for the maftir without mentioning their name, there is no need to be concerned people thinking they are invalid since we are not mentioning their name. And there are those who say that we don't call up a Kohen or Levi within the regular seven aliyot, but after the seven have concluded, we may call up a Kohen or a Levi, [Agur in the name of Mahari"o and Mordechi - chapter "Hanizkin", and Beit Yosef in the name of R. Yerucham] and this is the custom in these countries. However, in a case of dire need, one may rely on the first opinion.
There is an opinion that if the chazzan calls up a Kohen or a Levi and they are not there, he should not call another [Kohen or Levi] up by name since [that would raise suspicion that] the first one was invalid. Rather, another [Kohen or Levi] should go up on his own [without being called up]. (And this is our custom. A prayer leader who is a Kohen may call up another Kohen to the Torah.)(Mordechi - chapter "Hakoreh Omeid", and the Agur)
[Regarding] a city of Kohanim - if there is one Yisrael among them, he should read first for the sake of peace. And if there are not enough Yisraelim or if there are no Yisraelim at all, it is permitted to call a Kohen after a Kohen, because there is no cause for suspicion that any are invalid since everyone knows that there are only Kohanim there. And the same applies to a city of Levi'im.
[Regarding] if a child my read from the Torah in public, [it's discussed] in siman 282. [Regarding] if there is only a blind Kohen or if he is not an expert [at reading from the Torah], [it's discussed] in siman 139.
[Regarding] people who are being held in prison - we do not bring a Torah to them, even on Rosh Hashana and Yom Kippur. Rem"a: This is specifically at the time of reading, but if they prepare a Torah for him a day or two prior, then it is permitted. [Ohr Zarua, Hagahot Ashiri - first chapter of Tractate Berachot, and Maharam Padua - siman 88]. And if he is an important person, then it is always permitted. [There in Mordechi - end of the first chapter of Tractate Rosh Hashana]
Siman 136
Who Gets Called Up To The Torah On Shabbos. Containing 1 Se'if:
On Shabbos, Yom Tov, and Yom Kippur, after the Levi we call up Torah scholars who are appointed [as leaders] over the community; and after them, Torah scholars who are fit to be appointed over the community [who can be asked a Halachic (Jewish Law) question in any area of Torah and can respond]; and after them, children of Torah scholars whose fathers are appointed over the community; and after them, the heads of synagogues, and the rest of the people.
Siman 137
How Many Verses Must Be Read For Each Aliyah. Containing 6 Se'ifim:
On a day that 3 [people] read, we do not read less than 10 verses. [The frequent short introductory verse] "And [the Lord] spoke..." is included in the count [of verses]. And if the topic ends in less than 10 verses, for example the parsha of Amalek [Exodus 17:8] which has only 9 verses, it is acceptable.
Each person does not read less than 3 verses. Two read 3 each, and one reads 4, and whichever one of them it is who reads 4, behold this one is praiseworthy.
If one skipped a verse and didn't read it - if it was Mincha on Shabbos, or a Monday or Thursday, and they read 10 verses besides for the skipped verse, they do not need to go back [and repeat the reading], but if not, then they must go back. But if it was [the] Shabbos [morning reading], then even if he skipped one verse, he must go back and read again; even if they already returned the Torah [to the ark] and they said Kaddish, he must go back and read - the skipped verse and two others; and even if they [already] read the Haftarah (the reading from the Prophets) and prayed Mussaf, he must go back and read again. The Torah readings on the Festivals (their laws) are similar to Shabbos Mincha, Monday, and Thursday, since they already read those readings on their [respective] Shabbos.
If one person read [only] 2 verses, he needs to go back and read [again]. And if they only read 9 verses between the three of them, 3 for each of them, there is no need for them to go back and read [again]. And proof for this is the parsha of Amalek [Exodus 17:8-16] (which only has 9 verses). But if they read less than 9 they need to go back and read [again].
If one read the parsha of Parah and stopped [at the end of the tenth verse which concludes with the words] "ha'ger ha'gar be'tocham..." ("who lives among them..."), and rolled up the Torah scroll, he must go back, open it again, and start reading from the beginning of the parsha until [the verse which concludes with the words] "tit'ma ad ha'arev" ("shall be ritually unclean until the evening"), and he must make the blessing before and after it.
One who read from the Torah first, and the second [reader] read what the first had [already] read: if he added 3 verses to what was already read by the first, or even 2 verses in a place where it was not possible [to add 3], the second is included in the count [of valid aliyot]. But if not, he is not included in the count, except for [the reading of the portion of] the bulls of [Chol HaMoed] Chag (i.e. Sukkot) because there is no possibility [of adding additional verses].
Siman 138
To Not Leave Over Less Than 3 Verses In a Parsha. Containing 1 Se'if:
The one who reads from the Torah may not leave over any less than 3 verses in a paragraph because [we are concerned for] those who leave the synagogue then, that they will say that the oleh (i.e. reader) after him will only read the two remaining verses [of the paragraph]. And similarly, one may not begin less than 3 verses into it (i.e. a paragraph) because of those who enter the synagogue then, that they will say that the first [reader] only read 2 verses. Rem"a: And there is no difference between an open paragraph and a closed paragraph. And a paragraph that only has two verses: it is permitted to leave over [these two verses] at the beginning [of a paragraph] and to stop there (T'rumat HaDeshen, siman 22). And one should aim to always begin to read on a good matter and to end on a good matter (Or Zarua and Meimoni, Chapter 13 of Hilkhot T'fillah). And see below, Chapter 428.
Siman 139
The Order of Reading the Torah and its Blessings. Containing 11 Se'ifim.
In a place where the custom is that the one who goes up [to get an aliyah] himself reads out loud - if he did not first review the Parsha two or three times to himself, he should not go up. Rem"a: and in a place where the chazan reads [the Torah], he needs to review first. [Beit Yosef]
One who does not know how to read should be discouraged from going up to the Torah. If he is needed, being a Cohen or Levi, and there are no others: if, when the Shaliach Tzibbur is reading for him word for word, he is able to say it [along with him] and read it from the writing, then he may go up to the Torah. Otherwise, he should not.
Even the head of the community or the Chazan should not read until he's told to read. And the custom is that the prayer leader may, if he wants to, make the blessing and read without taking permission; because it's as if when he was appointed prayer leader, he was given permission for this. Rem"a: And in these countries, this is not the custom; and a Chazan should only go up [to the Torah] if the assistant calls him up. However, he is not called up by his name like all the other "olim" (ie. those who get called up to the Torah) who are called by their name, "Ploni Ben Ploni" (So and so, the son of so and so). Someone whose father is a transgressor through idol worship, should be called by his father's father's name (ie. the grandfather), but not with his name alone, in order to not shame him in public [Trumat Hadeshen - siman 21 and 68]. And this is only when this person has never been called up to the Torah with his father's name; but if he is an adult and accustomed in that city to be called up by his father's name, and then his father became an apostate, he should be called up to the Torah by his father's name as they are accustomed to, in order to not to embarrass him in public. And so too, if there is as a chance of hostility by the apostate [Mahara"m Paduah - siman 87]. [Regarding] an Assufi (ie. someone who was collected from the marketplace and doesn’t know the identity of his parents) and a Shtuki (ie. someone who knows the identity of his mother but does not know the identity of his father): we call him by his mother's father's name, and if he doesn't know even that, then we call him up with the name "Avraham", just like a convert. [His (ie. the Rem"a's) own opinion]. A blind person is forbidden to read, for it is forbidden to read even one letter by heart. [The Mahari"l wrote that nowadays, we may call up a blind person just like we call up an illiterate person.]
All who read [should] bless before it and after it. He should open the Torah scroll before he makes the blessing and see the verse he needs to start with and then recite the blessing; and after it was read, he rolls it up and recites the [second] blessing. Rem"a: And at the time that one recites the first blessing, he should turn his head to the side so that it does not appear that they are reading the blessing from the Torah [Kol Bo]. And it seems to me that he should turn his face to the left.
The custom is to cover the Torah with a scarf between person to person (aliyah to aliyah). (In these countries, the custom is to roll up the Torah between person to person, and this is the main [opinion].)
One should say "Barchu" and the blessings out loud; and those who say it in a whisper are making a mistake. Some say [in that case] that one must repeat it out loud. Rem"a: so that the people hear it and answer “ברוך ה' המבורך לעולם ועד” ("Blessed is the Lord, who is blessed for ever and ever.") [Tur]. And if the congregation did not hear the one reciting the blessing (ie. Barchu), even though they heard the chazzan answering, they do not answer to him (ie. to the one who whispered), rather they answer “amen” to the words of the chazzan (ie. his response to the one reciting Barchu) [Beit Yosef in the name of RI, Orchot Chaim, and Kol Bo].
After the people answer to “ברכו את ה' המבורך” ("Bless the Lord, the blessed One"), the one making the blessing repeats and says “ברוך ה' המבורך לעולם ועד” ("Blessed is the Lord, who is blessed for ever and ever.") in order to include the one making the blessing among those who bless [Hashem].
Even if one recited his personal Torah blessing (ie. as part of the morning blessings), and right afterwards they called him to read from the Torah, he must repeat and bless "...who has chosen us..." when he reads from the Torah; because it was for the honor of the Torah that [the blessing] was established when people read [from the Torah] in public.
If a person was called to the Torah before saying his personal Torah-blessing, he is then exempt from having to recite the blessing “Asher bachar banu” ("Who has chosen us"), since it is no worse than being exempted by the blessing Ahava Rabba [which is said before the Shema].
[In] the blessing [that is made] after [reading from the Torah], [the words] “asher natan lanu Torat emet” (“Who gave us the true Torah”) refers to the "Torah She'bichtav" (Written Torah), and [the words] “ve’chayey olam nata betochenu” (“and who planted eternal life within us”) refers to the "Torah Shebe’al Peh" (Oral Torah).
The one reading the Torah must hold the Sefer Torah at the time he makes the blessing. Rem"a: And they base this tradition on the verse from Joshua: "Do not let this Book of Teaching cease from your lips...Be strong and resolute"(Josh. 1:8-9). And from this we have the tradition to say to the person who finishes reading from the Torah, each time: "Hazak" ("Be strong"). (Beit Yosef in the name of Orach Chaim)
Siman 140
The Laws Regarding An Interruption in the Torah Blessing. Containing 3 Se'ifim:
One who was reading from the Torah and became silent (ie. was suddenly stricken so that he cannot continue), the replacement should start from the place where the first one began, and he should make the blessing before and after. And according to the Rambam, he should not make the blessing before. Rem"a: And even nowadays where the prayer leader reads, the law is the same. [The R"i - chapter "Ain Omdin"]
One who stood to read from the Torah, and recited the blessing before, and read some of the verses, and then stopped and spoke words of Torah or mundane words, this is not [considered] an interruption, and he does not need to return to make the blessing.
One who went up to read from the Torah, and they showed him the place where he should read from, and he made the blessing over the Torah and started to read, or [even if] he did not start to read, and then they reminded him that he's supposed to read a different parsha, and so he rolled the Torah scroll to the correct place - there are those who say that he does not need to bless again, and others say he does.
Siman 141
The Laws of The Reader and The One Who Reads [For Another]
One must read [from the Torah] while standing; and even to lean on a wall or pillar is forbidden unless he is a heavy-set person. Rem"a: And so too, the chazzan who calls up [the readers] must stand with the reader. [Mordechi - Halakhot Ketanot]
Two people may not read together, rather the one got called up should read and the prayer leader should be quiet, or the prayer leader should read and the one who got called up should not read it out loud. Nevertheless, he must read with the prayer leader so that his blessing should not have been in vain, but rather he should read along quiet enough so that he cannot hear it in his own ears. Rem"a: And even if he can hear himself, this is not a concern, for it is no different than [hearing himself while] praying [the Amidah] as was seen above in siman 101. [His own opinion].
There was those who have a custom to have someone who reads for the one who got called up, word for word, and after he says each word, the one who got called up says it.
If the prayer leader wants to recite the blessing and read himself, someone else must stand next to him; because just like the Torah was given through a middleman, so too we need to have a middleman present.
The congregation is not permitted to answer Amen until the blessing is concluded from the mouth of the reader. And the reader is not permitted to read from the Torah until Amen is concluded from the mouth of the congregation.
Two brothers may be called up [for an aliyah], one after the other, and [so too] a son after a father. But we refrain from doing so only because of "Ayin Hara" ("Evil Eye"). And even if one was [called up for] the seventh [aliyah] and the other was [called up for] maftir, the second one should not be called up by his name because of "Ayin Hara". [Mahari"l]
The one who ascends to the raised platform (ie. the bimah) should go up from the side that is closest to his place (ie. the place where he is praying) and should descend from the platform from the other side which is the long way back to his place. And if both sides are equally distant [from his place], he should ascend from the right side and descend from the opposite side. [And he should not descend until the next person ascended]. (Mordechi Hagadol)
And word which is read [one way] and written [another way], it is a "Halacha l'Moshe Mi'sinai" ("A law transmitted to Moshe on Sinai") that is should be written the way it is in the Torah, but read a different way (ie. read differently than it is written). It happened once that someone read it the way it was written [and he was standing] before the great leaders of the generation, the Rabbi's: R. Yitzchak Abuhav, R. Avraham Valenci, and R. Shmuel Valenci, his son - and they warned him to read it according to the tradition (ie. not the way it was written), and he did not want to, and so they excommunicated him and removed him from the bimah.
Siman 142
The Law of One Who Read and Made A Mistake, And a Place Where There Is No One Who Knows How To Read Precisely. Containing 2 Se'ifim:
One who read and made a mistake, even reading one single letter, we make him go back [and read again]. Rem"a: The same law applies to the chazzan (ie. the one who reads for others) who reads. And [this is all] specifically [in regards to] a change which alters the meaning [of the word], but if he made a mistake in singing the cantillation marks or the vowelization, we do not make him go back, but we do rebuke him. (Beit Yosef and Piskei Mahari"a - siman 181)
A place that has a minyan (a quorum of 10 men), but there is no one that knows how to read from the Torah according to the laws, precisely, and with the [correct] melody, nevertheless, they should read from the Torah with the blessings as per the laws. [And they read the Haftarah from the Prophets. And see further in the beginning of siman 144]
Siman 143
The Laws Regarding If A Torah Scroll Was Found To Have An Error And Other Laws Regarding a Torah Scroll. Containing 5 Se'ifim:
We do not read from the Torah with less than ten adults who are free (ie. non-slaves). And if they began with ten and some of them left, they [continue reading until they] finish.
If each Chumash (ie. each of the five books of the Torah) was written separately, even if they were each rolled like a Torah scroll, we do not read from it until all five books are sewn together. Rem"a: And they must be rolled like a Torah scroll. But our Chumashim, even if all five books are [bound] together, we do not make the blessing over it (Mordechi - end of chapter "Hanizkin" and end of chapter "Hakometz", Teshuvot Ramba"n - siman 187 and 199, Rabbeinu Yerucham - Netiv 2, third volume, Agur - in the name of Shibolei Leket, Mahari"k - shoresh 68, and Kol Bo and ??? - chapter 9 in Laws of a Torah Scroll). And in a place that has a Torah scroll, but the prayer leader [who is reading for others] is not an expert in reading using the correct cantillation marks by heart, I saw that some have a custom that the prayer leader reads from the Chumash using the markings (ie. the cantillation marks), and the one who got called up reads after him from the valid Torah.
Even in villages that do not a valid Torah scroll, they should not recite the blessing upon [reading from] it.
If an error was found in a Torah scroll during the reading, they should take out another Torah and begin reading from the place where the error was found, and complete the number of aliyot that are left from those who already read in the Torah that had an error. And if the error was found in the middle while the reader was reading, he should finish his reading in the valid Torah and recite the blessing [that's recited] afterwards, and he should not go back and recite the blessing [that's recited] before. Rem"a: If they already read 3 verses and it's possible to stop [where the error was found], they should stop there and recite the blessing [that's recited] afterwards, and then they conclude the remaining aliyot in the other Torah that they took out (Mordechi - chapter 2 in Tractate Megillah). This that we take out another Torah is specifically when a complete error is found, but if was only because of missing or extra letters, we don't take out another Torah, since our Torah scrolls are not so precise so as to say that the other one would be more valid (Agur and Piskei Mahari"a - siman 80 and Ria"z). And Mahari"l ruled that another Torah should not be brought, and Beit Yosef ruled that another Torah must be brought (and therefore, we make the above compromise). In an extenuating circumstance, where the congregation has only one Torah scroll which is invalid, and there is no one there who is able to fix it, some say that it should be read from and the blessings should be recited (Kol Bo and Abudarham), and some invalidate it (Teshuvat HaRashb"a 487 and 405?, and Maimoni - chapter 10 in Laws of a Torah Scroll). And if one of the chumashim (books) is complete, without errors, one may be lenient and read from that specific chumash, even though there are errors in the others (Ra"n)
A synagogue that has only one person that knows how to read, he should recite the blessing and read a few verses and then recite the blessing [that's said] afterwards. And then he should repeat and recite the blessing beforehand and read a few verses and then recite the blessing [that's said] afterwards. And he should do this several times according to the number of aliyot for that day.
Siman 144
To Not Skip In the Torah From One Subject to Another; And The Laws Of The Haftarah. Containing 4 Se'ifim:
We skip in the Prophets, but we do not skip in the Torah from one section to another section. And this is in regards to two subjects where we are worried that perhaps the mind of the listeners will be confused, but with one subject, for example “Acharei Mot” [Lev. 16:1] and “Akh Be-asor” [Lev. 23:27] that the High Priest reads on Yom Kippur, we skip. And this is a long as he does not read by heart, as it is forbidden to recite even one word not from writing. And in the Prophets, we skip even with two subjects. And this is if one does not delay when skipping into [another] matter so that the congregation does not [have to] stand in silence [waiting]. And this is in regards to [reading] within one [book of the] Prophets, but from one [book of the Prophets] to another [book of the Prophets], we do not skip. And within the Trei Asar (i.e. Twelve Minor Prophets), we skip from prophet to prophet, as long as one does not skip from the end of the book to its beginning.
The custom on a Shabbos where a groom is present is to recite after the Haftarah [The word "Haftarah": some say it is [related to] the phrase "Ain maftirin achar hapesach" ("We do not eat anything after the [korban] pesach"), which means to remove (ie. which signals the end); meaning, it is the removal/ending of the morning prayers] of that week, two or three verses from the Haftarah "Sos Asis" ("I greatly rejoice" - Isaiah 61:10). And when Rosh Chodesh falls out on Shabbos and Sunday, after we recite the Haftarah for that Shabbos, we recite the first and last verse of the Haftarah "Va'yomer Lo Yehonatan, machar chodesh" ("And Yehonatan said to him 'tomorrow will be the new moon'" - Samuel 20:18). And one should not protest [this custom]. (And see below in siman 425 se'if 3, and the end of siman 428 for what our custom is.)
We do not roll the Torah scroll in the presence of the congregation because of the honor the congregation. And if they only have a single Torah scroll and they have to read two sections [that are in different parts of the Torah] they may roll, and we defer the honor of the congregation.
We do not read from two Torah scrolls for one person because of blemishing (Meaning, that is appears as if he is blemishing and slandering the first) the first. But three people [reading] from three Torah scrolls - for example, on Rosh Chodesh Tevet that falls out on Shabbos - there is no concern for blemishing.
Siman 145
The Laws Of The Translators. Containing 3 Se'ifim:
In the days of the Sages of the Talmud, their practice was to translate [the reading to Aramaic] in order that the people would understand. The Torah reader is not permitted to read for the translator more than one verse, and the translator is not permitted to translate until the verse is finished by the Torah reader. The Torah reader is not permitted to read the next verse until the translator has finished the translation. The Torah reader is not permitted to raise their voice louder than the translator, nor the translator louder than the Torah reader. And the Torah reader is not permitted to assist the translator, so the people shouldn’t think that the translation is written in the Torah.
A child [reader] may have his reading translated by an adult, but it is not respectful for an adult to have his reading translated by a child.
Nowadays, our custom is to not translate [to Aramaic], for what use would it be since no one would understand it.
Siman 146
To Not Speak During The Torah Reading. Containing 4 Se'ifim:
It is forbidden to exit [the synagogue] and leave the Torah while it is open. But between one person's [aliyah] and the next, it is permitted.
Once the reader began reading from the Torah, it is forbidden to speak even words of Torah, and even between one aliyah and the next, and even if one already finished the parsha. And there are some who permit learning quietly. And there are some who say that if there are ten men who are listening (meaning, they are paying attention) to the Torah reading, then it is permitted to discuss [words of Torah] (Beit Yosef in the name of Mahari"a). And there are some who permit it for those for whom Torah is their profession. And some permit it for one who turns his face away before they open the Torah scroll, who [by doing so] indicates that he does not wish to listen to the Torah reading, but rather [wants] to learn, and he may begin learning. And to recite "Shnayim Mikrah, Ve'echad Targum" (ie. the practice of "reading [each verse] twice, and [the aramaic] translation once") during the Torah reading is permitted. And all this is not regarding Parshat Zachor and Parshat Parah which must be read with [a quorum of] ten [men] due to them being Torah level mitzvot that one must concentrate and hear from the reader. And it is proper that for all the parshiot [throughout the year], it is fitting to be scrupulous with these things and pay attention and hear them from the reader.
It is forbidden to speak when the Maftir is reading from the Prophets until he finishes, just like with the Torah.
There is no need to stand up during the reading of the Torah. [There are those who are stringent and stand, and that was the practice of the Mahara"m]. [Mordechi - chapter "Rebbi Eliezer d'Milah"]
Siman 147
The Laws of Rolling the Torah Scroll. Containing 8 Se'ifim:
It is forbidden to hold/touch a Sefer Torah (Torah scroll) with one's bare hands, without a kerchief. Rem"a: And there are those who say that the same applies to other sacred writings (Agur and Tosefot - first chapter of Tractate Shabbat), but this is not the custom; and it is good to be stringent if one has not washed his hands; but regarding a Sefer Torah, even in this manner it is forbidden. (His own opinion and the Agudah) The greatest among those who received an aliyah does the rolling, and the custom is to buy [the privilege] with a large sum of money to make the mitzvah beloved. Rem"a: There are those who say that if the Torah cover is made of linen on one side and silk on the other, it is necessary to turn the silk side towards the scroll and to roll it [around the scroll that way] (Mordechi - end of Tractate Megillah), but that is not our custom. [Beit Yosef - siman 123]. The Torah scroll should not be wrapped using a torn material if there is another [un-torn one that can be used]. [Mahari"l]. And we do not make a Torah cover from old things which were initially made for a common use; see further below in siman 153. [Agudah - Tractate Menachot; Teshovot Mahari"l - siman 114; Beit Yosef; Rashba"tz]
Anyone who wants may purchase [the privilege] of handing the cover to the one who rolls the Torah scroll, and the one rolling may not protest because even though he purchased the [privilege of] rolling, he did not purchase [the privilege] to take them. [And similarly, in those places whose custom is to purchase [the privilege] of removing and returning [the Torah from/to the ark], the prayer leader may not protest, because that [privilege] is not applicable to the chazzan]. [Mordechi - end of Tractate Megillah; and Ohr Zaruah]
The one who rolls the Torah scroll should do it [in such a way] that [the middle] is lined up with the seam so that if it rips, it rips along the seam.
The one who rolls the Torah scroll should roll it from outside; and when he fastens it, he should fasten it from the inside. Rem"a: Meaning: when the Torah scroll is standing before him, the writing should be facing him, and he should start rolling it from the outside. And when he finishes rolling it, he should fasten the end of the cloth on the inside so that when they come to read from it [the next time], they'll find the fastening on the inside and they won't need to flip over the Torah scroll [to unfasten it]. (Tur and the Rosh - end of chapter "Bnei Ha'ir"). And it seems that all of this is when one person does the entire rolling [process]. But nowadays when the custom is that one person raises [the Torah] and another person rolls it, the writing should be facing the one raising it. And that is the custom, since he (ie. the one raising it) is the main "roller" and he is the one holding the Torah.
It is better to wrap the cloth around the Torah scroll rather than to wrap the Torah scroll by rolling it around the cloth.
One who rolls the Torah scroll while it is in it's case/pouch is making a mistake.
The Maftir may not start reading until they finish rolling the Torah so that the one rolling shouldn't be preoccupied and will be able to hear the Haftarah.
On a day when two Torah scrolls are used, they should not open the second one not remove it's cover until they roll up the first one. Rem"a: And they should not remove the first one until they placed the second one on the table, so that they do not get distracted from the mitzvah. And they should take out both Torah scrolls at the same time, and they should hold the second one until after the reading of the first one. (Ohr Zaruah in the name of the Yerushalmi)
Siman 148
The Prayer Leader May Not Fold Up [The Covering Of] The Table. Containing 1 Se'if:
The prayer leader does not have permission to fold up the [covering of] the table [where the Torah was read] in the presence of the congregation as long as they remain in the synagogue. (Rashi explains that they were accustomed to bring the Torah from another house where it was kept safe etc. and it was a burden on the congregation to have to wait there [while the prayer leader folded up the covering]. See further inside in Orach Chaim)
Siman 149
The Congregation May Not Leave The Synagogue Until the Torah Has Been Put Away. Containing 1 Se'if:
The congregation may not leave the synagogue until after they put away the Torah. [However, if they are all not leaving, but it's just an individual that is, then that is not an issue] (Beit Yosef in the name of the R'i in Chidushei Megillah). And if they store the Torah in another house: if the synagogue has only one doorway, then they must wait inside until the Torah exits and then they should follow after it to the place where they store it; but if it has 2 doorways, they may exit from one doorway before the Torah exits from the other doorway, as long as they will follow the Torah afterwards and escort it to the place where they store it. Rem"a: And in places where they store it in the heichal, which is the ark within the synagogue, it is a mitzvah, for anyone who the Torah passes by, to escort it up until the ark that they will place it into [His own opinion, and Mahari"l]. And so too, the one who rolls the Torah should follow after the Torah until the ark and stand there until they return the Torah to its place. [Hagahot Maimoni - chapter 12 of Hilchot Torah]. And similarly, the custom is that the one who lifts the Torah [follows as well] since he is [considered] the main "roller" as we explained in siman 147: se'if 4. Some say that we should bring children to kiss the Torah in order to educate them and train them to do mitzvot, and that is the [prevalent] custom. [Ohr Zaruah]
Siman 150
The Building of a Synagogue and that it Should be Tall. Containing 5 Se'ifim:
The residents of a city may force one another in order to build a synagogue and to buy a Torah, Nevi'im, and Ketuvim. (And see above, siman 55, se'if 22 [regarding] if they may force one another to hire a quorum for themselves.)
The synagogue must be built at the height of the city, and it should be raised until it is taller than the usable parts of all other buildings, as opposed to "biraniyot" (ie. structures used for decoration; spires) or other purposes or unused towers) and towers that are unused. A slanted roof that is not fit to use, we measure it from the part that is fit to use, that is, if there is an attic under that roof, it should not be higher than the synagogue. Rem"a: In an extenuating circumstance, or if there is a decree from the king/government that they are not allowed to build a synagogue according to Jewish law, then it is permitted to pray in a house, even though someone lives in the attic above it, as long as those living in the attic above it keep it clean, as will be explained at the end of section 151 (Beit Yosef - siman 154 in the name of Mahari b. Chaviv).
If someone built/raised his house higher than the synagogue, some say that we force him to lower it. Rema: And if they made the structure taller in just one corner of the synagogue (ie. taller than the other buildings in the city), that is sufficient (Hagahot Maimon - chapter 11 of the Laws of Prayer; for there was an actual case like this).
One who builds facing a window of a synagogue, it is not sufficient to leave 4 cubits space, because it (ie. the synagogue) needs a lot of light.
The entrance to the synagogue should be opposite the direction that people pray in that city. [For example], if they pray Westward, the entrance should be in the East, in order that they should bow from the entryway towards the ark that is in the direction they pray towards. Rem"a: And we place the bimah (ie. table) in the middle of the synagogue so that when the reader stands to read from the Torah, everyone can hear. And when the prayer leader prays, he faces the holy. The seating arrangement is that the elders sit in front facing the congregation and everyone else sits in rows facing the holy and facing the elders (Tur).
Siman 151
The Laws of the Holiness of a Synagogue (12 Paragraphs):
One may not behave in a lightheaded manner in a synagogue or house of study; for example, laughter, humor, or pointless chatter. One should not eat or drink there nor should one adorn oneself there or walk about there. One should not enter there in summer due to the sun, nor in winter to seek shelter from the rain. Torah scholars and their disciples are permitted to eat and drink there if it is really necessary. (And some say that in a house of study, it is permissible even when it is not a real necessity) (Ran, chapter "B'nai Ha'ir"). No monetary calculations should be made there unless they are for the purpose of a mitzvah; for example, collecting money for charity, or for the redemption of captives. No eulogies should be delivered there unless it is for one of the leaders of the city, for all the people assemble there to eulogize him. If one must enter there for his own needs; for example, to call someone - he should enter and read a little or study something and then call him so that it should not appear as if he has entered for his own needs. And if he doesn't know how to read Torah or study, he should say to one of the children: "read me a verse that you are learning", or he should just delay there for a bit and then leave because sitting there is a mitzvah, as it says "praiseworthy are those who dwell in Your house". (And the amount of time required to sit is the time is takes to walk the width of two doorways.) (According to the opinion of "those that explain" in siman 90 at the end of se'if 20) (Mordechi at the beginning of chapter "HaShut'fin").
Some say that that which we taught about the sanctity of a house of study is speaking about a public one which is similar to a synagogue, but an individual who establishes a room for Torah study in his home for his needs, that room doesn't have that much sanctity.
It is forbidden to sleep in a synagogue, even for a short nap, but this is permitted in a house of study.
For the needs of the synagogue, one may eat and sleep in it. For this reason, one may sleep in a synagogue the night of Yom Kippur. And even for the needs of another mitzvah; for example, when people gather to make a leap year in the synagogue, it would be permissible to eat there.
If the synagogue has two entrances, one should not enter through one to make a path to the second one to shorten your route. If there was a path there before they built the synagogue, it is permitted. Similarly, if one didn't enter initially to take a short cut, it is permitted to make a path. When you enter to pray, you can leave from a different way than you came.
It's permitted to enter the synagogue with one's staff or satchel or backpack (meaning, purses - the Targum has backpack to be briefcase). Some forbid entering with a long knife or with it's blade uncovered.
One may spit in [the synagogue] as long as you rub it out with your feet or if there are reeds there that if you spit into them, it will not be visible.
Mud that is on one's feet, it is fitting to clean it off before entering to pray. It is fitting that there not be on one's body or clothing any dirt.
Treat them with honor to "chab'dan" and to "rav'tzan". (the meaning of "chibood" is to clean/sweep it. "Ribootz" is to sprinkle water on the ground). The custom is to light candles in them to honor them.
Even after a synagogue is destroyed, it still has holiness. Just as you had to honor it when it was standing, so too when it is destroyed, except for sweeping and sprinkling water. If weeds grow in it, pull them out and leave them in their place, for the sake of causing distress - so that people will see and it will awaken their souls to work to rebuild it.
If at the time of building the synagogue, they made a condition to be able to use it [for mundane purposes], it is permitted to use it after it is destroyed, but while it is in use, the condition is ineffective. Even when it is destroyed, to use it for a disgraceful purpose, like planting or financial calculations for the people, the condition is ineffective. What are we dealing with? With synagogues outside of Israel; but with synagogues in Israel, no condition is effective.
One should be careful not to use the floor above the synagogue for a regular use that is disrespectful. For instance, sleeping there. It is unclear if other uses are permissible or not. Rem"a: All of this is specifically regarding a permanent synagogue that was built originally like that, but a house that was designated to be a synagogue after it was built, it is permitted to sleep above it (Piskei Mahar"i).
Siman 152
To Not Destroy Any Synagogue. Containing 1 Se'if:
We do not destroy a synagogue in order to build another synagogue lest something befall them such that they do not build the other; rather we build the other first, and afterwards we destroy the old. (And even if they only want to destroy one wall to widen [the synagogue], this ruling applies (Rabbeinu Yerucham 53:5 and Beis Yosef in the name of the Rambam].) And this refers to if the first is strong; but if its foundations are weakened or its walls are likely to fall, we destroy it immediately, and quickly begin to build, day and night, lest time becomes pressing and it remains destroyed. Rem"a: And it is forbidden to take stones from the old synagogue to build a new one. And it is forbidden to destroy anything from the synagogue unless it done in order to build. (Mordechi - chapter "B'nei Ha'ir")
Siman 153
The Laws of Building a Synagogue. Containing 22 Se'ifim: One may convert a synagogue into a study hall, but not a study hall into a synagogue.
Residents of a city that sold a synagogue may use the money to buy an ark - which is a chamber in which they place a Torah scroll, or a plank upon which to put a Torah scroll. If they sold an ark, they may use the money to buy a cover for the Torah scroll; if they sold a cover, they may use the money to buy scrolls - which are ones in which each Chumash (book of the Torah) is written separately - and likewise, [scrolls of] the Prophets and the Writings; if they sold scrolls, they may use the money to buy a Torah scroll. But the opposite - to lower them from their [level] of holiness - is forbidden. And even if they bought something that is more sacred with part of the money, they may not exchange the rest for something less sacred.
A Torah scroll in which a mistake is found has the status of Chumash scrolls (and see above, siman 143).
[Regarding] whether it is permissible to buy, using the money [earned from the sale] of a sacred object on one level of holiness, another sacred object on the same level of holiness - some forbid it and some permit it.
If they collected money to build a synagogue or a house of study, or to buy a chamber or a [Torah] covering or a Torah scroll, and they wanted to change it from that for which they collected it - they may only change [it] from a lighter holiness to a weightier holiness. But if they completed the thing for which they collected the money, they may change the rest to [be used for] anything they want. And if they stipulated, when they collected the money, to do what they want with the rest of the money - even if they bought something and sold it and then bought a holy [object] with some of the money - they may lower [the holiness] of the rest (ie. they may purchase a less sacred object with the leftover money). But if they did not make [such] a stipulation when they collected it, but rather made a stipulation [only] when they sold [the object] - it is forbidden to lower it. Rem"a: And if they bought wood and stones with some of this money that they collected, the holiness of the money rests upon the wood and the stones, and it is forbidden to exchange them, except if going to a weightier holiness. And if they brought wood and stones for the purpose of building a synagogue: If they come to the hand of the administrator (gabbai), it is forbidden to exchange them, except if going to a weightier holiness; but before they come to the hand of the administrator, it is permissible to change it [according to their preference]. Nevertheless, one may not go back upon it (Beit Yosef, and it is likewise implied in Mordechi at the beginning of chapter B'nei Ha'ir).
We may sell a synagogue - and likewise other things with holiness, even a Torah scroll - for the needs of the [Torah] students or to marry off orphans, with their revenue.
And that which a synagogue can be sold - this applies to [synagogues] of villages where people from other places do not come [to it] - as it was only made for the residents of the villages. (and even if they built them from [the money] of others - Old Version of Mordechi in the name of Ravia"h). And therefore they can sell it; however, the money retains its holiness and they are not permitted to lower them from their holiness. And that is when the residents of the city sold it without the knowledge of their leaders; the same being true when the seven distinguished men of the city (ie. trustees) sold it not in the presence of the residents of the city. But if the seven distinguished men of the city agreed to this sale, and they were in the presence of the residents of the city - they are permitted to spend the money for anything they would want. But if the residents of the city explicitly accepted [the authority of another] upon themselves with this sale, then everything they (ie. the authority) do - even if it's an individual - what was done is valid. Rem"a: And as long as the seven distinguished men of the city sell it publicly, it is considered to be in the presence of the residents, and they do not need [their consent], to say yes or no (Mordechi). But [synagogues] of cities, where [people] come to it from other places - even if they (ie. the residents) built it with their own [money] - it may not be sold, unless they made it dependent on the consent of [one] individual, for then the individual can do what he wants with it, with the agreement of the people. And the same applies to all holy objects that were mentioned here - as all of them follow [the laws of] a synagogue. Rema: [Regarding] an individual who built a synagogue and gave it to the community, its laws are like a synagogue of the community. But if he left any authority in it for himself, there can be no sale of it without the [approval] of the community and his [approval] or that of his heirs' (Or Zarua and Hagahot Ashr"i in Perek B'nai Ha'ir). And all of this refers to when they have another synagogue. But if they have only one synagogue, it is forbidden to sell it, for even to demolish it is forbidden, until they build another (Rabbenu Yerucham 3:5 and Beit Yosef in the name of Ramban). Any holy object that is sold and is permitted to change [it's level of sanctity with the money from the sale] can be sold without announcement, and is not subject to price gouging (any price can be charged for it). But something that cannot be changed to a lower holiness requires an announcement (Rashba Responsum 1004).
If they built a regular house and sanctified it afterwards to be a synagogue, its laws are like [that of] a synagogue; but it is not holy until they pray in it, even if they built it as a synagogue. But once they prayed in it - even guests, temporarily - since it was designated for prayer, it is holy. [However], if they sanctified it temporarily [through a stipulation], it is all according to what they said.
When the residents of a village sell a synagogue, they may sell it as a permanent sale; and the buyer may make anything he wants with it - except for a bathhouse, a tannery, a ritual bathhouse, or a bathroom. But if the seven distinguished men of the city (ie. trustees) sold it in the presence of the residents of the city, the buyer can make [it into] even these four things.
Some say that an individual is permitted to sell his own [holy objects], even a Torah scroll, and use that money for anything that he wants - so long as it was not sanctified/designated to be read by the community. And there is one that forbids it unless it is in order to [support] the study of Torah or to marry a woman.
They may give a synagogue, or bricks and wood from an old synagogue, as a gift. For if they did not have benefit from it, they would not give it as a gift, and it would therefore be considered as a sale. And they may likewise trade them for others, and they become non-sacred. But it is forbidden to use them as collateral,or to rent them, or to lend them - even through the seven distinguished men of the city (ie. trustees) - as [the objects] retain their holiness, for there is no other item here for their holiness to rest upon. Rem"a: And this is specifically [if it was done] in a way that lowers them from their holiness; but it is permissible to lend even a Torah scroll to have it read - even one belonging to the community to an individual (Beit Yosef in the name of the Orchot Chaim)
One who has a stipulation with the congregation that no one may build a synagogue besides him and his descendants, may not sell this right to another.
If they collected money for the building of a synagogue but another mitzvah comes upon them, they may spend the money for it. If they [already] bought stones and beams, they may not sell them for the use of another mitzvah, except for redeeming captives. Even though they brought the stones and chiseled them; and the boards and shaped them; and prepared everything for building the synagogue - we sell it all only to redeem captives. But if they built and finished [it], they may not sell the synagogue, but must rather collect [new funds] from the community for the redemption.
If Reuven said, "I am giving this land to build a synagogue upon it," but the [gentiles] do not let them build a synagogue; and the community says to [instead] build a school upon it, but Reuven says, "I did not donate [it] with this in mind" - Reuven is not able to go back upon it. And if Reuven does not live there, they may change [the use of the land]; but if he is among the residents of that city, they are not allowed to change it if he gets up and screams (yells), unless there is a Torah scholar in the city for whom any [communal] decision that is made, is done through his authority. (And the seven distinguished men of the city (ie. trustees) are [considered] like a Torah scholar [in this regard]) (Mordechi at the beginning of Perek B'nei Ha'ir.)
A man may not forbid his section of the synagogue, nor of the scrolls [to others]. And if he forbids [them], it is nothing (ineffective).
[In the case of] a person that lent his house for a synagogue and has a dispute with another congregant - he cannot forbid that person [from entering], unless he forbids the whole congregation. Rem"a: And that is specifically when he lent it from the outset without conditions. But if he stipulated from the outset that anytime that he will want to protest, he will have the right to protest (prevent someone's entrance), or if he he did not explicitly lend [it] to them, but rather just allowed them to enter his house, he has the right to protest as he wishes (Mahara"m Padua, Section 85)
[Regarding] someone who had a synagogue in his house for a long time - the community is not permitted to move it to another house.
There is one who says [regarding] holy silver vessels which they were accustomed to always bring to the synagogue on holidays, that they may not be deconsecrated and sold. And the congregation may seize them, such that they remain sanctified property after the death of the one who sanctified them.
There is one who says that if after the death of a person, a written document is found [stating] that he dedicated vessels, yet there are no witnesses to it and he did not deliver it to the congregation - nevertheless, it becomes sanctified property.
There is one who says [regarding] a Torah scroll that is assumed to have belonged to Reuven's ancestors, that the community may not possess it.
We may not buy mantels that were used for everyday purposes, for the use of holiness (eg. such as to cover a Torah scroll). Rem"a: And it is forbidden to use the compensation of a zonah (ie. prostitute) or the exchange of a dog to make something for a mitzvah - like a synagogue or a Torah scroll. And that is specifically from the [object used as] compensation itself; but if they gave her money as compensation, it is permissible to buy a mitzvah item with it. And it is only referred to as a zonah if it involved a sexual prohibition (ed. from the Torah), but regarding unmarried prostitutes, it is permissible to accept [the compensation] from them. (Rabbenu Yerucham 3:1).
[Regarding] a man who is accustomed [to doing] a certain mitzvah - such as rolling [the Torah] - and he [experienced] an extenuating circumstance or poverty, such that the congregation gave the mitzvah to another; but afterwards he became wealthy and wanted them to give him back the mitzvah: If when the congregation had given the mitzvah to the second one, the first one had the wherewithal to give what he had been giving every year, but he chose not to, and was satisfied - with the rest of the congregation - to give it to the other, he has lost his prerogative; but if he did not have the wherewithal when they gave it to the second one, and now that he has it, he wants to fulfill the mitzvah and again give what he was giving at first, he returns to his mitzvah (ie. they must give it to him).
Siman 154
Laws of Articles of Holiness and Synagogue Lights. Containing 15 Se'ifim:
[Regarding] a town square, even though they pray there on fast days - it has no holiness, because [the praying] is occasional; and likewise houses and courtyards in which people gather and pray sometimes (meaning by happenstance and chance, but not in a set way), they do not have any holiness. Rem"a: And some say that it is only called a holy ark if it is like a type of box that is only made for the honor of the Torah. But an ark that is built into a wall made for storage is not called an article of holiness - and all the more so, if the scrolls deteriorate in it, it is permissible to take it from there (Mordechi and Hagahot Ashiri in Perek B'nei Ha'ir).
A house that people rent and pray in it does not have the status of a synagogue.
Articles of holiness - such as the container of a Torah scroll, mezuzot, tefillin straps, a box into which they put a Torah scroll or a single book of the Torah, a chair upon which they put a Torah scroll or a curtain that they hang in front of the ark - have holiness and need to be buried (when discarded). Ram"a: And this [refers to] specifically the thing into which they sometimes put the holy object itself; or something made for [its] honor, such as the cover on top of the boards [containing] the scrolls. But the cover that is to protect the cover that is over the boards is not called an article of holiness, as it is an article of an article; and likewise, anything that is similar to it. It is forbidden to wash the cover of a Torah scroll in urine, on account of [its] honor (Rabbenu Yerucham 2:7; Ran and Mordechi in the first chapter of Moed Katan).
[Regarding] worn covers of a Torah scroll - we may make them into shrouds for a dead person, and that is [considered] their [proper] burial.
[Regarding] a Torah scroll that became worn out - we place into an earthenware vessel and bury it in the grave of a Torah scholar; even one who only studies the laws and has not served under [higher level] Torah scholars.
We may not make a chair for a Torah scroll from an ark; but it is permissible to make a small ark from a big ark. And it is likewise permissible to make a small chair from a big chair; but it is forbidden to make a stool (meaning, a small seat) as a chair from it. And it is likewise permissible to make a small curtain from a big curtain, or to make a cover/pouch for the Torah scroll from it; but it is forbidden to make a cover/pouch for a scroll of a single book of the Torah from it. Ram"a: And the parochet (curtain) that we hang in front of the ark does not have the holiness of the ark, [but rather] just the holiness of a synagogue; and likewise the poles upon which we hang the parokhet. Nevertheless, it is forbidden to make the wooden markers that point to the daily obligated reading from it - as it is not of the same [level] of holiness as them [but lower] (Piskei Maharai - siman 225)
The bimah (meaning the elevated place) - such as the bimah they would make for a king - does not have the holiness of an ark, but rather the holiness of a synagogue.
A stipulation to use the ark and everything that we make for a Torah scroll is effective for other uses, and even for the mundane. Ram"a: And we are accustomed to benefit in several ways from holy objects, such as [from] covers for scrolls, the table in the synagogue and the mantles of the Torah scrolls. And they wrote that the reason is on account of since it is what they are accustomed to doing and it is impossible to be careful, [it is considered like] the court made a stipulation on them from the beginning - so that people not come to a mishap [by violating the laws]. And even though they did not stipulate, it is as if they stipulated (Terumat HaDeshen - siman 373 and Beit Yosef).
[Regarding] those who donate a Torah scroll and leave coverings [for it] in the synagogue - it is permissible to use them for any [Torah] scroll, for it is with this intention that they sanctified them. But if they kept them (ie. the Torah scroll and the covering) at their home and sanctified [them] afterwards - since it was made with that particular scroll in mind and it was used with that scroll, it is forbidden to place it on another Torah scroll. But there are those that permit it. (And such is the practice today, since [it is considered like] the court made a stipulation about it, to permit it.)
[Regarding] those whose custom is to place the crowns of the Torah scroll on the head of the reader at the culmination of the Torah - we do not protest against it. But those who place them on the heads of bridegrooms - we do protest against that.
[Regarding] wax candles that idolaters gave to idolatry and their attendant extinguished them and gave them or sold them to a Jew - it is forbidden to light them in the synagogue. Ram"a: Even though they are permitted for everyday use (and see Yoreh Deah 239 about these laws) [Regarding] an apostate to idolatry that gave wax or a candle to the synagogue - it is forbidden to light it (Piskei Mahariv 64, and see Yoreh Deah 254).
[In the case of] a mouse that was found in the oil of the synagogue - if [the oil became] disgusting, it is forbidden to light it in the synagogue.
It is permissible to read by the light of a synagogue candle.
We may not light an everyday candle from a synagogue candle. But there is one who says that this is [only] applicable when they are lit for a mitzvah; but when he needs to extinguish it, it is permissible. Ram"a: However [we] are not accustomed to be careful about this, and do light a candle from them for a great need. And it is possible that the court stipulated about this also. And likewise with all of the things that the practice is to be lenient about things like these, it is perhaps from this reason (Piskei Mahara"i - siman 225).
Residents of a city that bought a Torah scroll and stipulated that if one of them leaves from the city, the others would give him his share [of the money], but then the scrolls appreciated (in value) - if one of them leaves, they only give him what he gave alone.
Siman 155
To go from the Synagogue to the House of Study. Containing 2 Se'ifim
After he leaves the synagogue, he should go to the house of study and establish a time to study [Torah]. And it is necessary that this time be fixed, such that he does not skip it even if he believes he can earn a lot [of money]. Rem"a: And even one who does not know how to study should walk to the house of study, and he will have the reward for walking [there]; or he should establish a place and study a little of what he knows and think about his ways and [by doing so] bring fear of the Heaven into his heart (R"i in the first chapter of Berachot).
Before he goes to the house of study, he may eat the bread of the morning, if he is accustomed to doing so. And it is good for him to accustom himself to it.
Siman 156
The Arrangement of Buying and Selling (ie. How One Should Conduct Themselves in Business). Containing 1 Se'if:
Afterwards he should go to his work because any Torah that does not have work with it will end up becoming null and will cause sin because the poverty will remove from him knowledge of his Creator. Nevertheless, he should not make his work primary, but rather temporary, and his Torah permanent; and [through this] both will be sustained. He should do business honestly and be careful not to mention the name of Heaven in vain, because in every place where the mention of God's name [in vain] is found, death is found. And he should be careful not to take an oath, even in truth, because 1,000 cities belonged to King Yannai and all of them were destroyed because they took oaths, even though they kept them. And he should be careful from partnering with the gentiles, for perhaps [the gentile] will be obligated to take an oath and [the Jew] will violate [the transgression of] "[The names of other gods] should not be heard on your lips." Rem"a: And some are lenient with partnering with gentiles these days because the gentiles nowadays do not take an oath by idols. And even though they mention their foreign god, nevertheless their intention is to the Creator of heaven and earth, except that they associate the name of Heaven with other forces. And we do not find that there is in this [a violation by the Jew of] "Before a blind person you shall not place a stumbling block," because the gentiles are not warned regarding partnership [of God with other forces]. (Ra"n - the end of the first chapter of Avodah Zarah; Rabbeinu Yerucham - netiv 17, chelek 5; Tosafot - beginning of the first chapter of Bechorot). And to do business with them without partnering, all agree is permitted, except on the day of their festivals. (Hagahot Maimoni - first chapter of the Laws of Idol Worship). And see Yoreh Deah on the Laws of Idol Worship chapter 147.)
Siman 157
Laws of When To Establish One's Meal. Containing 1 Se'if:
When the fourth hour [of the day] arrives, one should establish his meal. And if he is a Torah scholar and he is occupied with his learning, he should wait until the sixth hour, but he should not delay more than that for it is considered like throwing a stone into a [wine] pouch if he did not eat anything that morning.
Siman 158
When one comes to eat bread that we bless on it "HaMotzi", one should wash their hands, even if one does not know that [your hands] have any impurity, one should bless: "al n'tilat yadayim"/"regarding washing of hands". But bread that we do not bless "HaMotzi" on it, for example, little rolls, (explanation: satorti in another language), or bread that comes as dumplings (explanation: bread that is made with sugar, almonds, and nuts), and one does not establish a meal with them, one does not need to wash their hands.
Some say that if one is only eating an amount that's less than [the equivalent of] an egg, wash your hands and don't say a blessing.
If one is only eating an amount that's less than [the equivalent of] an olive, some say that you don't need to wash [at all.]
If one eats something that was dipped in one of the 7 liquids (mnemonic "yad shachat dam") [that is: wine, honey, oil, milk, dew, blood, or water] and doesn't dry it off, even if his hands won't touch the wet place, he needs to wash without a blessing [even if only the tip of the fruit or vegetable was dipped he needs to wash without a blessing].
Someone who washes for fruit is a fool. Rama: specifically when he washes as if he is obligated to halachically, but he is allowed to wash for cleanliness. Mechaber: It seems from his words that roasted meat, even though it's juices are moist on it, have the law like fruits. Cooked grains that are dried are also considered like fruits.
One who is drinking does not need to wash even one hand.
Someone who washed his hands for something that was dipped in one of the 7 liquids and afterwards wants to eat bread: some say that the first washing doesn't help [to eat the bread]. All the more so if he just washed not for eating purposes and later decided to eat. Rama: If he didn't take his mind off [his hands since the first washing], he can wash without a blessing. If he touched a sweaty place on his body, he should wash again. See later simon 164 (that he'll have to wash with a blessing.)
One who is in a desert or dangerous place without water is exempt from washing his hands.
You have to be careful with washing your hands because anyone who disregards washing his hands should be excommunicated, he will also become impoverished and will be uprooted from the world.
Even though the minimum amount of water is a reviis [that is, a quarter lug. In other words: the volume of one and a half eggs], you should add more water, as Rav Hisda said "I washed a full hand of water and I was given a full hand of good [wealth].
Bless before washing, because every mitzvah you should bless before you do the mitzvah. But the custom is to bless after washing, because sometimes your hands aren't clean, so you bless after you clean your hands and before you do the second washing. Rama: You could even bless before drying your hands because the drying is also part of the mitzvah. If you forgot to bless until after drying, you can make the blessing then.
Dry your hands well before breaking bread, because one who ate without drying his hands is as if he ate contaminated bread.
One who dunks his hands [in a mikvah] can eat [bread] without drying [his hands]. Similarly, if he washed both hands at the same time with a reviis of water or if he washed each hand separately with a reviis on each hand[, he does not need to dry his hands].
Siman 159
1 Which vessels can you wash your hands with and how to pour the water on your hands. 26 parts: Only wash your hands with a vessel. All vessels are kosher for this, even galalim vessels [vessels made from cow feces and dust], stone vessels, and earthenware vessels. The vessel must be able to hold a reviis of liquid. If there is a hole/crack in the vessel [that is, if you put the vessel in liquid, the liquid will enter it through the crack and that crack is bigger than a crack that lets water out], then the vessel is no longer considered a vessel and you shouldn't use it to wash your hands. This is so even if the vessel could hold a reviis of liquid below the crack.
The above applies when you pour from the mouth of the vessel above the hole/crack, because water above the crack is not considered to be in a vessel, so the water isn't pouring onto your hands from a vessel. However, if you pour from the crack, it is permitted since the vessel can hold a reviis under the crack.
A vessel that holds a reviis when it is propped up (by something else) and if it is not propped up will pour out the water so that not even a reviis of water remains in it is not a vessel. Therefore, the body of a (rounded) single piece barrel that doesn't hold a reviis when it is not supported should not be used to wash with. If it is wide enough on the bottom that it does hold a reviis while unsupported, you can wash with it.
Chemet and Kfisa, which are types of water skins that have a base, may be used for washing. But sacks and baskets that have been arranged to sit on without being supported and have been coated with tar until they are water-resistant may not be used to wash with, because they are not made to receive water. The same applies to the hats of the levedim (meaning a type of hard material). Even when they are so hard that they can hold water and do not leak, they are still not made to receive water. However, in a case of necessity, they can be used, because passers-by on regular roads commonly drink from them
...A utensil that was initially repaired in such a way that it cannot stand without support, and is only used with support, is considered a valid utensil. Therefore, a utensil that has a hole in its base and a narrow opening at the top, such that water does not come out when one places a finger on it, but flows out when the finger is removed, is permissible to use. Even if it does not hold anything, it is considered a utensil since it is fit for use in this regard. The essential use of a utensil is what determines its status. Note: This applies even to a utensil with a spout at its base, since it was initially made to be used in this way [Tur and Beit Yosef].
(7) Water must come from the force of the one pouring it. Therefore, a pipe, that he draws water from a river and pours it into the pipe so that the water flows from it to water the fields, one cannot put his hands into the water to be used for washing them because the water does not come from human force. *** If he places his hands near the place of pouring, even if he does not place them directly under the pouring, it is considered as if he washed his hands because the force of the pouring still affects them as long as they are close to the place of pouring. ***Re’ma - One should not wash his hands from those stones that are fixed to the wall (i.e. a cavity in the wall) but should make for them a receiving vessel and faucet. However, if there were utensils first and he attached them to the wall, one may take water from them.
Everyone is permitted to pour water over the hands, even those who are deaf, mentally incapable, children, non-Jews, and a niddah woman. RAMA: There are those who say that a child under the age of six is considered like a monkey.
If the monkey [RAMA: This is a kind of beast that we call simia] pours water over one's hands some consider this invalid, while some consider it valid, which seems correct. RAMA: However, it is good to be strict on this matter.
Siman 160
Which water is kosher or not for washing your hands with: Water that has had it's appearance changed doesn't work to wash your hands with, whether from itself or from something that fell into it or from it's location.
If you did work with the water or soaked bread in it (even if you intended to soak your bread in one vessel of water and it fell into a second), that water is pusul for washing. If you cool wine in water, the water is pusul. If you wash vessels with water, that water is pusul (unless the vessels were already washed or new). If you dunk bread loaves into water, that water is pusul. But if you dunk your hands into water and smear it on the surface of bread or cup a handful of water and put that on, the water that is left in the jug hasn't "done work" and is kosher still as long as it's appearance hasn't changed. Rama: So too water that the baker rinsed his hands in to get off dough stuck to them.
Water that is in front of a blacksmith is pusul even if it hasn't changed in appearance, because it's known that he does work with it (that is, he cools metal with it). Water in front of a barber is pusul if it's appearance changed but kosher if it has not.
If chickens drank from water or dogs lapped from it, some say that water is pusul, but they don't seem to be correct. Rather whether from these animals or others, the water is kosher.
Water only becomes pusul when it has been drawn (whether it is currently in a vessel or the ground), but water in a mikvah or a spring doesn't become pusul as long as it is still connected (to the original body of water).
You can wash your hands with water that was heated with fire even if it is so hot you would retract your hand if you touched it [that is, hot enough that a baby would be burnt by it].
Siman 161
Siman 162
Siman 163
One who feeds others does not need to wash their hands; but the one eating does need to wash their hands, even though the [other] is putting it into his mouth and he is not touching the food. And the law is the same for one eating with a magrefah (the meaning of which is an instrument with prongs, a fork in the vernacular), that they need to wash their hands. And it is forbidden to feed someone who does not wash their hands, on account of, "you shall not place a stumbling block before the blind." (Rabbenu Yonah at the end of the chapter [entitled] Elu HaDevarim)
Siman 164
Siman 165
One who defecates and subsequently wants to eat should wash his hands twice, and say Asher Yatzar on the first washing and Al Netilat Yadayim on the second washing. And if one only wants to wash his hands once, after he washes he should say the blessing of Asher Yatzar, and afterward at the time he dries [his hands] he should say the blessing of Al Netilat Yadayim.
If many people are at a meal, the most important one should wash first. And the Rosh was careful to wash last in order that he should not have a pause, and he should not speak [between washing and eating bread].
Siman 166
There are those who say that one need not be careful about pausing between washing and [the Brachah of] Hamotzi, and there are those who say that one needs to be careful [and there are those who say] it is good to be careful. RAMA: The amount of time equivalent to walking 22 cubits is considered a pause (Tosefos Perek Elu Ne'emarim).
Siman 167
......
Bless "Hamotzi lechem min ha'aretz" [Who takes out bread from the ground] - (And if many people are eating together, the people dining should direct their heart (intention) to the person saying the beracha, and answer amen, and the person saying the beracha should give intention to the amen - Or Zarua). And one pauses slightly between the word "lechem" [bread] and the word "min" [from].
Do not bless "Hamotzi" before grasping the bread.
Put both hands on the bread when you are about to bless "Hamotzi"; for the 10 fingers are reflective of the 10 mitzvot that are dependent on bread. Additionally, there are 10 words in the blessing of "Hamotzi" and 10 words in the following verses: Psalms 104:14, "He causes the grass to grow for the cattle, and grass for the service of man: that he may bring forth bread out of the land." Psalms 145:15, "The eyes of all look to you expectantly, and you give them their food at the proper time." Deuteronomy 8:8, "A land of wheat and barley, of vines, figs, and pomegranates, a land of olive trees and honey." Bresheit 27:28, "May G!d give you from the dew of heaven and fat of the earth, and an abundance of grain and wine."
If people were riding and they decided to eat they constitute a single group even though each person eats from his own loaf as long as they are all standing in a single location. If they were eating as the animals were walking they do not constitute a single group. If they were eating spread out in a field they do not form a single group even if they are eat- ing at the same time and from a single loaf of bread since they did not set themselves in their place.
Siman 168
Pat Haba'ah Bekisnin, one blesses on it "who creates kinds of nourishment (borei minei mezonot)" and afterwards the three part bracha. If one ate a quantity that others would usually use to establish [a meal], even if he wasn't satisfied by it, one blesses "who brings forth (hamotzi)" and Grace after Meals. If in the beginning his intention was to eat just a little and blessed "who creates kinds of nourishment" and ended up eating a quantity that others establish [a meal] upon, he should bless Grace after Meals even though he didn't bless "who brings forth" in the beginning. And if he ate a quantity that others don't establish [a meal] upon, even though he is establishing [a meal], he should bless only "who creates kinds of nourishment" and the three part bracha, as his own mindset is irrelevant compared to [the mindset] of all people.
Pat Haba Bekisnin, some interpret it as bread that is made with a sort of pockets (kisim) that one fills with honey or sugar and nuts and walnuts and spices, which are called roshklaish dialchashu. Some say that it is a dough that has honey, oil, milk, or spices kneaded in and then baked, as long as the taste of the mixture of fruit juice or spices is noticeable in the dough. [Rema: and some say that this is unequivocal bread unless there is a lot of spices of honey like the sweet pastry that is called Lekach in which the honey and spices are the main part, and this is our custom.] Some interpret that it is bread, whether spiced or not, which is made into dry cakes and one cracks them, and they are called bishkonish. The halacha is according to all of them, such that for all of these items we apply the rules that we have enumerated for Pat Haba'ah bekisnin.
Siman 169
Siman 170
Siman 171
A person can use bread as they need to, as long as they do not ruin it, but they may not ruin it. Therefore, one may not leave raw meat on bread or pass a full cup over it, not lean a bowl on it… and do not use wine even for a mitzvah like hand-washing. And do not throw bread because it is disgrace to food. And just as one may not throw bread, so too it is prohibited to throw any food that will become distasteful as a result.
Siman 172
If one put food in his mouth without reciting a beracha and it would not be repulsive to remove it he should spit it out and recite the beracha. If it would be repulsive he should move it to the side of his mouth and recite the beracha with the food in his mouth
Siman 173
Siman 174
If one has only one cup [of wine], set it aside until following the meal, and bless upon it.
One need not bless following the meal's wine, since the Birkat HaMazon covers it. And it also covers the pre-meal wine consumed, even if one hadn't consumed it amidst the meal. And regarding the matter of pre-meal Havdallah wine, see section 299:8.
If one doesn't have wine, and drinks water or another beverage, one need not bless upon them, since they are considered as having come on account of the meal, since one doesn't eat without drinking. And even wine needs no blessing before it, except that it is significant enough that a blessing was established for it, but water or other beverages are not significant beverages and do not require a blessing. ....
Everyone blesses for oneself upon wine amidst a meal, even if they are dining together. gloss: since they are not able to answer amen. since they are concerned lest it were to enter the trachea before the esophagus. gloss: And there are those who say that if he said to them, "Pay attention, my masters" and they listen and pay attention to the blessing and don't eat, then they will answer amen, one blessing for all of them. And that's how we are accustomed.
Siman 175
Siman 176
Siman 177
Siman 178
Siman 179
Siman 180
(3) Before washing his hands (for mayim achronim) he should clean the house, so that no crumbs remain and become disgusting in the water used for washing. Although it is permissible to destroy crumbs that do not have a kezayis, perhaps the servant/butler will be an am ha’aretz (i.e., unlearned), (and will consider) that is permissible for him to use (the crumbs), and (he) will also place crumbs that have a kezayis that are forbidden to destroy by hand. Therefore, the host/ba’al habayis should clean first. *** And now we do not practice this because we do not remove the table and we wash our hands outside the table where there are no crumbs and there is nothing to worry about.
Siman 181
Mayim Achronim (washing after a meal) is mandatory
Siman 182
If the cups of those who were lounging were unfit, it is necessary to put from the cup of blessing into them. And there is someone who says it is not necessary.
People are able to fix an unfit cup by adding a little bit of wine; and even adding water to the cup can it be fixed.
In a pressing moment, we bless upon an unfit cup [of wine]
Siman 183
The cup of blessing for the Birkat HaMazon requires washing on the inside and rinsing on the outside. And if it was clean without residue on the cups, the rinsing and washing are not necessary.
The wine should be placed within the cup undiluted until reaching the Blessing of The Land, and then the wine should be mixed to acknowledge the praise of the land. NOTE BY RABBI ISSERLES: And there are some who say that if the wine is not strong, we need not dilute it with water. And this how we are accustomed in these lands. And we take it out from the barrel for the purpose of a blessing. And it seems for us that we only need to pour it from the jug that we guard of it wine for the purpose of a blessing; and it need not exactly be from a barrel. And this is how we are accustomed in these countries. And the cup for blessing should be filled up to the rim.
One needs to seek out a full cup [of wine] [for blessing over the Birkat HaMazon]
One receives the cup of blessing with two hands, and, when one begins blessing, one should lift it up with one's right hand without assisting it with one's left hand. HAGAH: And this [practice to not use one's left hand in elevating the cup of blessing] is specifically so that the left hand should not touch the cup; but, if one places the left hand beneath the right hand to help it, that is permissible. And one should elevate it a fistbreadth from the ground if one was sitting on the ground. And if one was lounging at a table, one elevates it above the table a fistbreadth. And one sets one's eyes upon it, so as not to lose mindfulness about it. HAGAH: And, therefore [since one should place one's eyes upon the cup], one should not buy a cup - called a glueck - whose lip is thin, to bless upon it. And he sends it to one's wife so that she should drink from it.
There is one who says that if the blesser is lefthanded, the blesser should grab the cup in the blesser's right hand, which is everybody's left hand.
Siman 184
Until when can one bless? Until the meal is digested in one's stomach. And how much is that measurement? The entirety of the time that one is not hungry on account of that eating. And from the time that one begins being hungry, even though the food hasn't been fully digested, we consider it to be as if it is fully digested. And, similarly, for the matter of eating fruits or drinking wine - if one is neither hungry nor thirsty, and they desire those fruits, they should bless [upon those fruits] if they do not know how much is left for their digesting.
Siman 185
Even if one got significantly drunk to the point that the person is unable to properly speak, one is still able to bless the Birkat HaMazon.
If one blessed the Birkat HaMazon and [found] that there was feces near him or that he had been drunk, Tosafos and Rabbi Asher ben Yehiel were unsure if one needed to go back and re-bless the Birkat HaMazon, but not for urine; for that, one need not re-bless Birkat HaMazon.
Siman 186
If Women and Children are obligated in Grace after MealsWomen are obligated to recite Grace after Meals. A doubt exists whether they are obligated from the Torah, and thus are able to fulfill the obligation of men (who listen to their recitation), or if their obligation is merely Rabbinical in origin, and thus can only fulfill the obligation for someone whose obligation is likewise merely Rabbinical. [See siman 199 concerning the laws of zimmun for women.]
Children are obligation by Rabbinical law (to recite Grace after Meals), in order to educate them. This teaching that a son may recite (the Grace) on behalf of his father only applies when the father ate an amount less that the point of satisfaction, thus making his obligation merely Rabbinical in origin.
Siman 187
Details of the text of the blessing after meals. Containing 4 subsections. Some say "Blessed is the one who satisfies the hungry". One should not say this, and the one who adds it detracts. If one said in place of the [first] blessing of nourishment, "Blessed is the Merciful One, Ruler of the World, Master of this bread", they have fulfilled their obligation. Some say that they must conclude "Blessed is the Merciful One, who Nourishes All."
In the [second] blessing of the land, according to the Ro"sh one should not say "Who has caused our ancestors to inherit a good and pleasant land...". Covenant and Torah - for behold, one says "For Your Covenant which is sealed in our flesh, and for Your Torah which you have taught us" - and it's enough [to have said it] just once. And the Rambam disagrees. Note: and the words of the Ro"sh are most important.
If one did not mention covenant and Torah in the blessing of the land, or even missed only one of them, we return them. Note: and women and slaves do not mention covenant and Torah, for women are not members of the covenant, and slaves are not members of the Torah. (Kol Bo)
If one did not mention the kingship of the house of David in the blessing of The One Who Rebuilds Jerusalem, we return them. Note: And we say On the Miracles during Chanukah and Purim, before And On All..., and if one did not say these, we do not return them. (Tur...). And in any case it is possible to say them in the rest of the May The Merciful One section, and say May The Merciful One Perform For Us Miracles Like They Did In Those Days... and so we are accustomed. (Kol Bo)
Siman 188
Siman 189
Siman 190
After concluding the Birkat HaMazon, one blesses "Creator of the Fruit of the Vine", then the blesser tastes [from the cup of wine]. After that tasting, others [at the meal] taste [from the cup of wine] if all of them are connected to one cup, and the blesser gives from their cup to empty cups in their hands. They should not taste from the cup of blessing until the blesser tastes. But, if they are not connected to that cup, they are able to taste prior to the blesser tasting. The blesser need not spill from their cup to the cups of their fellow diners, unless the cups of the fellow diners are unfit.
After one drinks the cup of Birkat HaMazon, one blesses the abbreviation of the three blessings.
There is a lack of agreement as to the amount of wine-drinking that obligates one in needing to say the concluding blessing, whether it’s sufficient with an olive's-volume or with a quarter-log. Therefore, one should be careful to drink either less than an olive’s-volume or a quarter-log in order to remove oneself from doubt. And, here, it's not possible to drink less than an olive’s-volume, since everything that requires a cup requires drinking from it like a cheeksful, which is a majority of a quarter-log. Therefore, one should drink an full quarter-log.
If the blesser does not want to taste, one of the fellow diners should taste [at least] the minimum amount [of wine], and two people's drinking does not combine to count for the minimum amount. And, nevertheless, it is a preferable performance that all of them should taste [from the cup of blessing].
When the diners are at a large meal, and they do not know whither the Birkat HaMazon cup reaches, each and every of those in doubt needs to bless Creator of the Fruit of the Vine if it arrives to them.
Siman 191
Laborers doing work for their employer should abbreviate the grace after meals so that they do not take themselves away from the work of their employer. How (do they abbreviate the grace after meals)? (They recite) the first blessing as established and the second they begin with "the blessing on the land" then include in it "He who builds Jerusalem" and conclude with "the blessing on the land". They do not recite the blessing of "The one who is Good and does good" at all. In what circumstances does this apply? When they are receiving payment for their work besides the meal (they are provided with). However, if they are not taking payment but rather are only provided with the meal they eat, they should recite all four blessings as established. This is also the case if the employer is eating with them, even if they are taking payment in addition to the meal, they should recite all four blessings.
Siman 192
Siman 193
When two people eat together, even though one may recite the beracha of hamotzi for the other, it is a mitzvah for each one to recite birkas hamazon for himself. This is true when both of them know how to recite birkas hamazon. If one knows and the other doesn’t the one who knows how should recite the beracha and the other will fulfill his obligation assuming he understands lashon kodesh but doesn’t know how to recite birkas hamazon. He must listen to each word that is recited....Rama: The one reciting the beracha must have in mind to discharge his friend’s obligation. Mechaber: If he does not understand he does not fulfill his obligation by listening. When three people eat together they may not separate and when two people eat together it is a mitzvah for them to search for a third to join their zimun. When four or five people eat together they may not separate since they are all obligated to make a zimuun. When the group is comprised of six they may separate since each group will make its own zimun and this is true until the group reaches ten. Once the group contains between ten and twenty people they may not separate until there are twenty since they will mention Hashem’s Name
Three that sat down to eat and recited Hamotzi, even if they eat from their own loaf and they did not eat a kezayit, still they are forbidden to disband.
Siman 194
Three people that ate together, but forgot and benched by themselves, missed the mitzvah and they are not allowed to return and say the Zimun out of order. And also if two of them benched together but one forgot, the other two can have a Zimun with the third, even though he already benched, he is able to say "Baruch She'achalnu Mishelo," and they [the other two] fulfill their mitzvah of Zimun through this, but he [the third one] doesn't fulfill his Mitzvah, because he did it out of order. Gloss: and if the third one did the Zimun with others, the first two cannot do the Zimun with him (Beit Yosef in the name of Rashba).
Siman 195
1. Two groups that eat in one or two houses that can see one another join to form a zimun. If not [they do not see each other], they do not join. If there is one waiter [servicing] both groups, they join [to form a zimun]. This applies when they entered their meals to begin with with the intention of joining together [to form a zimun]. And there are those who say that if there is a public domain between the two houses, they do not combine in this matter.
2. When some of them ate in the house and some of them ate outside the house, if the one leading the blessing sits on the threshold of the house, he combines the two groups.
3. When the two groups combine, the one leading the blessing must be clearly heard by both groups. [Hagah] And each member of the groups says the after blessing himself. But, if they want to fulfill their obligation of the after blessing with the recital of the leader of the blessing, each one must listen to the entire after blessing [recited by the leader]. Without this, (according to all opinions) they have not fulfilled their obligation [to say the after blessing].
Siman 196
If one ate a forbidden item (even it is forbidden only by the sages), one cannot make a zimun on it or say a blessing on it, neither before or after it.
If one ate a forbidden item in a place of danger, he is allowed to bless on it.
Three ate together: one of them is careful not to eat gentile made bread and the other is not careful [ie he eats gentile made bread], or one of them is a Kohane and he eats challah. Even though the one who is careful [not to eat gentile made bread] can not eat [gentile made bread] with the one who is not careful, and [even though] a Yisrael cannot [eat challah] with the Kohane, since the one who is not careful [ie he eats gentile made bread] can eat [Jewish made bread] with the one who is careful, and [since] a Kohane is permitted to eat bread with a Yisrael, [when these eat together] they combine [to form a zimun]. But when there are Kohanim and a Non-Kohen eating together and the Kohanim are eating Challah and they are careful not to eat the gentile made bread, while the Yisrael [ie Non-Kohen] is eating gentile made bread, the Kohanim and Non-Kohen may not say zimun together. The same law applies when three take vows [not to benefit] from each other, i.e. they may not say zimun together.
A zimun cannot be made with a person that had less than a cazayit (olive's volume) of bread.
Siman 197
HAGAH: And there are some who say that one is not obligated to bless from a Torah level if one has not drunk [anything (at the meal)] and is thirsty. And it is good to be careful from the outset, if some of them have drank and some of them have not drank, that one who has drank blesses.
Siman 198
Siman 199
An onen (on a weekday), that is exempt from blessing, may not be included in a zimun.
An androgynous makes a zimun with other androgynous, and he cannot be included in the zimun of men or women.
A tum tum never makes a zimun
A minor that has reached the age of understanding that he is praying to God can be included for the zimun for 3 and 10.
One whom they excommunicated due to a sin is not included in a zimmun.
Siman 200
Siman 201
Siman 202
We bless Creator of the fruits of the tree upon all arboreal produce at the outset, aside from wine, upon which we bless Creator of the fruits of the vine, whether the wine is raw or diluted, or whether it was spiced, in which honey and/or peppers are placed within the wine. HAGAH: And if wine was mixed in to beer, we go after the majority: if the majority of the mixture is wine, one blesses "Blessed is the Creator of the fruit of the vine"; and if the majority of the mixture is beer, one blesses "Blessed is the One through Whose Word everything was created".
One blesses "Blessed is the One through Whose Word everything was created" on flowing date honey; and, similarly, one blesses "Blessed is the One through Whose Word everything was created" with all liquids that come out from fruits, aside from olives and grapes.
Fruits that were soaking or cooked in water - even though the flavor of the fruit entered the water - one simply blesses "Blessed is the One through whose word everything was created". And Rabbi Asher ben Yehiel wrote that it's possible that, if the flavor of the fruit entered the water, one blesses "Blessed is the Creator of the fruits of the tree".
One blesses "Upon Whose word everything has come into existence" on water in which raisins and dates have been soaking or water in which they've been cooked. And this also fulfills the opinion of Rabbi Asher, son of Yehiel. But the the concluding blessing is a matter of doubt if one blesses the "Creator of souls" or if one blesses an abbreviation of three, according to the opinion of Rabbi Asher, son of Yehiel. And therefore, a heaven-fearer should only drink or eat from the fruits of the seven species within a meal and should only drink water in order to require a blessing of one that is an abbreviation of three and "Creator of souls". And if the water was drawn and separated from the raisins, it would be wine and then one would bless "Creator of the fruits of the vine" and one blessing that is an abbreviation of three as long as these raisins have some wetness to them, that if one were to stomp on them, their fruit juices would be expelled from them. But if they were to stop the juices were not to come out of them and there's no wetness that comes out of them, then it is not considered as wine.
Siman 203
Siman 204
If its smell is vinegar, but its taste is wine, one blesses Creator of the fruit of the vine upon it.
We do not bless Creator of the fruits of the vine on wine that everybody avoids on account of its vinegariness.
We bless Creator of fruits of the vine upon wine lees. If one put 3 parts water on them and one finds 4, it is like mixed wine and we bless Creator of the fruits of the vine. But if one finds less, even though there is a taste of wine, it is merely acid and one only blesses Through Whose word everything came into being upon it. And these words are regarding the wines in the time of our Talmudic sages which were boozy, but our wines are not as boozy as those, so even if one throws in three parts water, yielding four parts, one blesses Creator of the fruits of the vine. And it seems that this measuring out is with the measures of that place for mixing wine. GLOSS: as long as the wine is not as small a fraction of 1 one part in six parts of water, because then it would necessarily be overpowered by the water.
Husks and shells of grapes, steeped in water, are considered like lees. And these words concern when they have been stopped from the trunk, but if they had been stomped only with feet, even if they placed three measures of water and only three parts or less are found, we bless upon it Creator of the fruits of the vine, since it is wine, and the water is absorbed in the pomace of grapes, and what emerges from them is a lot of wine. GLOSS: Pomace of the grapes upon which they place figs to increase the wine's strength - even though the grapes' pomace is the majority, nevertheless, the power of the figs is quite strong, so one ought not bless Creator of the fruits of the vine.
Whomever drinks water to quench one's thirst blesses through Whose word everything was created and Creator of many souls following its consumption. But if a thick piece of meat is pressing on one's throat and one drinks water to remove that piece of meat, one blesses neither before drinking the water nor following drinking the water.
All foods and beverages that people drink and eat for healing purposes: if their taste is good and the palate benefits from those foods or beverages, one blesses upon them prior to consuming and subsequent to consuming them. GLOSS: If one is forced to drink or eat something, even though the palate benefits from that food or drink, one does not bless upon it, since one was forced to do eat/drink it.
If one ate forbidden food or drank a forbidden beverage on account of one's physical health being in danger, one blesses both prior to consuming the food and/or beverage as well as following one's consumption.
Siman 205
If one squeezed out water in which vegetables had cooked, one blesses upon that beverage Through Whose word everything came into being.
Siman 206
If one blessed Creator of ground produce on tree produce, one has fulfilled one's obligation. If one blessed Creator of tree produce on ground produce, one has not fulfilled one's obligation. Therefore, if one is in doubt of the type of fruit - whether it is tree produce or ground produce, one blesses Creator of ground produce. And, on everything, if one blessed Through Whose word everything was created, one has fulfilled one's obligation, even on bread or wine.
All of these blessings [on food and beverages] need to not interrupt between blessing and eating (or drinking), and one needs to make the blessing(s) audible; and if one does not make it audible, one has fulfilled one's obligation, as long as the words depart from one's lips. And the blessings can be spoken in any language. And one should not bless nakedly until one covers one's genitalia. What are speaking about? With a man. But, with a woman, she may sit with her lower genitalia being covered by the ground, since this covers her genitalia. And even if he is not naked, but if his heart does not see his genitalia or that his head is uncovered, it is forbidden for him to bless.
Everything upon which one blesses - to eat something or to smell something [or to drink something] - requires grasping the object with one's right hand when one blesses.
We only bless upon food or beverage once it is brought in front of the person. When one blesses and then they bring the food or beverage in front of the person, the person needs to bless anew upon this food or drink. But one who blesses upon fruits in front of the person and then they bring further fruits of that type or from another type which is of the same blessing as the blessing of the first item, one need not bless again. Gloss: And it's good to be careful from the outset to have one's mind on which beverages and/or foods they will be bringing to the person [so as to avoid generating new blessings for unexpected foods].
...One who is standing by an aqueduct, one blesses upon the water annd drinks the water, even though the water that one is drinking was not in front of the person when the person blessed upon it, since the person had intended to drink from the flowing water from the outset....
Siman 207
Siman 208
Flour of one of the five types of grain that was being poached and water or other beverages got mixed in - if it is thick enough that it is fit for eating and to chew it, one blesses Creator of the types of sustenance, and then Upon the sustenance after it. And if it was thin enough that it was fit for drinking, one blesses Through Whose word everything came into being upon it, and Creator of many creatures afterwards.
One does not conclude wine's abbreviation-of-three blessing "upon the vine and upon the fruits of the vine"; rather, we conclude the blessing "upon the earth and upon the fruits of the vine" or "upon the earth and upon the fruits".
We mention a summary of an occurrence on Shabbat, holidays, and new moons, but neither on Hanukkah nor Purim. If one ate fruits of the seven species, types of baked goods, or drank wine, one should include everything within one blessing and prioritize sustenance, followed by wine, and then, after that, the tree. And then one should say on the sustenance and on the nourishment, and on the vine and on the fruits of the vine, and the trees and on the fruits of the trees. And then conclude upon the land, and on the sustenance, and on the fruits of the vine and on the fruits.
If one ate fruits from the seven species and also ate apples, one need not bless Creator of souls, since they are also included within the blessing upon the trees, since they're also tree fruits. But, if one had eaten apples and drank wine, one needs to bless Creator of souls upon the apples. And all the more so if one ate meat or ground produce and drinks wine or ate from the seven species, one needs to bless upon each and every one. And this is also the case if one ate meat or fish, or ate from the five grains, the blessing of upon the sustenance covers neither the meat nor the fish.
If one drank wine and blessed Creator of the fruits of the vine and then ate grapes, one needs to bless Creator of tree produce upon them. And, similarly with the post-consumption blessing, one needs to mention upon the tree and upon tree produce.
If one had already blessed Creator of the fruits of the vine upon grapes, or, already had blessed Upon the vine, post-consumption - one has fulfilled one's obligation (even those are the blessings intended for wine)
If one drank wine and water, one need not bless Creator of souls upon the water, since the wine-blessing covers the water just as wine's pre-consumption blessing covers all kinds of beverages.
The blessing of three does not cover the summary of three, that if one ate a dish of pounded grain, the Blessing of Sustenance does not cover it. But the blessing of three does cover wine, that if one blessed the Blessing of Sustenance upon wine in the place of Upon the vine, one has fulfilled their obligation. And this is the judgment if one blessed upon dates the Blessing of Sustenance in place of Upon the tree, one has fulfilled one’s obligation. And even if one had only said the Blessing of Who feeds, whether upon wine or whether upon dates, one has fulfilled one’s obligation. And if one mentioned until they had not closed off with the blessing of Who feeds, the person should begin Upon having apportioned to our forefathers a land of delightful, good, and wide, and then conclude with the blessing that is an abbreviation of three
Siman 209
One who took a cup of beer or of water and began saying Blessed are You, Lord our God, king of the world in order to say That Everything and erred, saying Creator of the fruits of the vine, one does not make the person say it over again, since - at the time that the person mentioned God's name and kingship, since they are the main part of the blessing - one intended only for the blessing that is fit for that particular type. And there are those who say that if one took a cup of beer or water and thought that it was wine and started saying Blessed are You, Lord our God, king of the world in order to say Creator of the fruits of the fine and then remembers that it's beer or water and completes it by saying that with everything, one has discharged the blessing. GLOSS: And all the more so if wine was in one's hand and one thought it was water, and began to say "That everything", then remembered [it was wine] and blessed Creator of the fruits of the vine that one has fulfilled one's obligation, since if one had completed the blessing of That everything, then one would have fulfilled one's obligation
Siman 210
One who eats less than an olives-worth, whether it's from bread or it's from other foods, or one drinks less than a quarter-log, whether it's from wine or other beverages, one blesses at the outset of blessing that is fit for that particular type and one does not bless a post-consumption blessing at all. And there are some who are unsure whether to say it's on something that it is like its creation, such as a crumb of grape or of a pomegranate that one blesses a post-consumption blessing even though there's not an olive’s-worth of it. Therefore, it is proper to be careful not to eat something less than an olive. And there are some who are further unclear with the post-consumption blessing over wine if one blesses upon it when one drinks only an olive’s-worth. Therefore, it is good to be careful not to drink less than an olive’s-worth or a quarter-log’s-worth.
Siman 211
GLOSS: ...If one made wine from grapes, upon which one blesses Creator of the fruits of the vine, one proceeds to bless upon it first. But a cooked/baked good made from the five grains is more important than the blessing over wine....
Siman 212
Whenever there is a primary and secondary food (Rema: ...), we bless over the primary food and this exempts the secondary food both from the blessing before and after; this is needless to say if the primary food and secondary foods are mixed, but even if the foods are both separate. Even bread, which is more important than other foods, if it is secondary - for example someone who eats salted fish and bread with it in order to not injure his throat - he blesses on the fish and this exempts the bread, because it it is secondary. (Rema: There are those who say that if the secondary dish is dear to him, he blesses on it first and afterwards blesses on the primary food [agur in the name of zarua]; he blesses on the primary food first and is exepmt from the secondary when they are eaten together and if the primary is eaten first, but if he eats the secondary food first, for example he wants to drink and he wants to eat first so that he wont drink on an empty stomach, or he eats [seeds?] in order to sweeten the drink, he blesses on the food first even though it is secondary to the drink. We do not only bless shehakol on it because it is secondary to another thing.)
Siman 213
On all fruits and other foods - aside from bread and wine - if there are two or more foods, then the blessing of one covers the other even without reclining. Sitting, however, is required specifically with bread or wine that does require reclining. But, for us, that's sitting just as like the type of reclining they used to do in tannaitic times. And, according to this, for us, since we do not recline when we eat, there's no differentiation between eating bread and drinking wine versus other food or beverages for consumption since, with regards to sitting, even with bread and wine, one blesses for all of them and not with sitting with other consumables also everybody blesses for oneself. But we say that one blesses for all of them with all other things aside from bread, that's with regards to the pre-consumption blessing, but with the post-consumption blessing, we do need to differentiate and everybody blesses for oneself since there is no call to blessing for fruits. GLOSS: And there are some who say that with all food and drink aside from bread and wine that reclining does not help, and this is similarly the case with our sitting. And, therefore, we are accustomed nowadays with fruits, that everyone who is at the meal blesses upon the fruits for themselves.
One who is blessing covers others, unless one is eating or drinking with them, and then they will depart their obligation with their listening when they are intending to be covered by that blessing, even if they hadn't answered "amen".
Siman 214
Siman 215
Siman 216
A blessing must be recited before smelling a pleasant fragrance, but no blessing is recited afterward (216:1). The general blessing on fragrances is “…Who creates types of fragrances”; this blessing is recited on mixtures of fragrances of different types (217:1) or in cases of doubt as to which blessing is required. There are special blessings if the source of the fragrance is wood or a plant stem; a grass or flower; an edible plant substance such as fruit, provided it has a natural fragrance (see 216:5) and the intent is to smell it, not just to eat it (216:2); or an oil (216:4). For examples of these types of fragrances see 216:2-9,14; on precedence see 216:10-11. When incense is burned to produce a fragrance, the blessing should not be recited until it begins to smoke (216:12-13). No blessing is recited on a fragrance whose source is no longer present even if it can still be detected (216:6;217:3), or on a fragrance that was produced only to counteract a bad odor (see 217:2-3), or on a fragrance that comes from a forbidden source (see 217:4-7), or on a mixture of fragrances in which such components are in the majority (217:6).
Siman 217
Siman 218
......
One who sees a place where a miracle happened to a single person does not make a blessing; but if it was to himself, he blesses, "who made a miracle for me in this place." And all of his descendants also bless, "who made a miracle to my father in this place."...
There are those who say that one should only recite a blessing over such a miracle that defies the ways of the world. However, for the miracle that is within the ways of the world, e.g. dangerous robbers coming by night and no one being harmed, etc, one is not obligated to recite a blessing. But there is a difference of opinion regarding the above, so it is good, after all, to recite a blessing [for the natural miracle] but without saying G-d's name and the epithet of majesty, i.e. omitting the words "Lord, our G-d Majesty of the World..." in the blessing.
Siman 219
Siman 220
Rectifying a dream and fasting about it. Contains two paragraphs. When one has a dream and is anxious about it, one can rectify the dream in front of three people who care about him. He can say to them: "I had a good dream" and they can say to him "it is a good dream and it will be well."
It is good to fast to nullify a bad dream. Like fire on wood chips. Gloss: Specifically, this applies to Yom Tov and even Shabbat.
Siman 221
Siman 222
On news that are good for him, he makes the blessing of "Shehecheyanu"; If the news is good for him and for others, he makes the blessing of "Hatov VehaMaytiv".
On bad news he makes the blessing: Blessed are you Hashem, Our G-d, Master of the Universe, the judge of truth.”
A person is obligated to bless on the bad with a full mind and wanting soul, in the way that he blesses happily on the good, because the bad, for servants of G-d, is their happiness and goodness. Since he/she has accepted out of love what G-d has decreed, he/she finds that by accepting this bad, he/she is serving G-d which bring him happiness.
He blesses on the good: “Hatov Vemaytiv” even though he is fearful that bad might come from Him. For example: He found a “prize” and he is fearful that it may become known to the king and the king will take all that he has. He blesses on the bad: “Blessed Judge of Truth”, even though good will come from Him. For Example: a flood has washed away his field even though when the flood passes, it will be good for him, as the field has been watered.
Siman 223
Siman 224
Siman 225
One who sees his friend after thirty days, says shehecheyanu (who has kept us alive....) and after twelve months, one blesses m'chayeh meytim (who gives life to the dead) and this is for one who is very dear to him and is happy when seeing him.
Siman 226
One who goes out in the month of Nisan and sees trees that have put forth flowers says, "Blessed Are you....who has not left anything lacking in the world and who has created in in good creations and good trees from which people can benefit." And this blessing can only be made once each and every year and if one delays until after the fruit has grown on the tree it is too late.
Siman 227
Upon a comet, which is like a type of star that is seen like an arrow across the sky from place to place, whose light stretches like a staff, and upon shaking of the earth, and upon lightning, and upon thunder, and upon winds that blow angrily: on each of these one says, "Blessed are you, God our Lord, king of the world, creator of the original (first) creations." And if you'd like, say, "Blessed are you, God our Lord, king of the world, whose strength and might fill the world."
If one was sitting in a restroom and heard the sound of thunder or saw lighting: if it is possible to leave within toch kedei dibbur [the amount of time it takes to greet one's teacher, about two seconds], they should leave, otherwise not.
Siman 228
Upon oceans, rivers, hills, mountains, and deserts one says, "Blessed are you, God our Lord, king of the world, creator of the original (first) creations." And upon the great ocean, and that is the ocean that is crossed to Israel and to Egypt one says, "Blessed are you, God our Lord, king of the world, creator of the great ocean."
Not on every river should you recite the blessing, but rather on the 4 rivers, as it is written "like Chidekel and Euphrates." And he who saw them in a place that wasn't normally walked by people.
And not on every hill and mountain should you recite the blessing, but rather only on hills and mountains that stand out as recognizably great and awe-inspiring.
Siman 229
One who sees the rainbow says, "Blessed are you, God our Lord, king of the world, who remembers the covenant, who is faithful to his covenant, and who fulfills his word." And it is forbidden to look upon it further.
Siman 230
One who prays for something that has already happened. For example, he entered the city and heard a cry in the city and he prayed "may it be God's will that this cry is not from a member of my household" or if his his wife was expecting and more than forty days had passed and he said "may it be God's will that my wife will give birth to a boy - behold this is a meaningless prayer. Rather a person should always pay for the future and give thanks for the past...
One who goes to measure his grain says "May it be You will, Hashem my God, that you send blessing to this pile" after he begins measuring he says "Blessed is the One who sends / sent blessing to this pile" if after he measured he recited the blessing, it's an empty blessing for blessing rests only on that which is hidden from the eye.
The one who enters the bathhouse should say: May it be your will, my God, that you bring me into peace and bring me out into peace, and save me from this light." When he comes out in peace he says, "I thank you, my God, that you saved me from this light."
One who goes to let blood should say: May it be Your will, my God, that this be an action of healing, for You heal freely. After the bloodletting, say: Blessed... is the healer of the sick.
One should be accustomed to say: All that God does is for the best!
Siman 231
That all of one's intentions be for the sake of Heaven. And there is one paragraph in it.
If it is impossible for him to study without sleeping in the afternoon, he should sleep. Gloss: And when he wakes from his sleep, he does not need to recite the blessing, "My Lord, the soul..." (Beit Yosef). And some say that he should read, "May the pleasantness..." before he sleeps (Kol Bo). [And this is] so long as he does not make it long; as it is forbidden to sleep during the day more than the sleep of a horse, which is sixty breaths. And even in this little, his intent should not be for the pleasure of his body, but rather to strengthen his body for the service of God, may He be blessed. And likewise with anything that is pleasant for him in this world, his intent should not be for his pleasure, but rather for the service of the Creator, may He be blessed; as it is written (Proverbs 3:6), "In all of your ways, know Him." And the Sages said, "Let all of your actions be for the sake of Heaven." As even optional things – such as eating, drinking, walking, sitting, getting up, sexual relations and conversation – all of them should be for the service of your Creator or for something that enables serving Him. For even if one was thirsty or hungry – if he ate or drank for his pleasure, it is not praiseworthy. Rather he should intend to eat and drink for his sustenance, to serve his Creator. And likewise even to sit in the council of the righteous, to stand in the place of the saintly and to go in the path of the straight – if he does it for his own pleasure and to fulfill his desire, it is not praiseworthy; only when he does it for the sake of Heaven. And likewise with laying down: There is no need to say that at a time when he is able to be in involved with Torah study or with commandments, he should not entice himself with sleep to enjoy himself. Rather even at a time when he is weary and needs to sleep in order to rest from his weariness – if he does [so] for the pleasure of his body, it is not praiseworthy. Rather he should intend to give sleep to his eyes and rest to his body for the requirements of health, so that his mind not get jumbled during Torah study on account of sleep deprivation. And likewise with sexual relations: Even at the time [prescribed] by the Torah, if he does [it] for the pleasure of his body, it is disgraceful. And even if his intent is in order that he will [produce] children that will serve him and take his place, it is not praiseworthy. Rather he should intend that he will [produce] children for the service of his Creator; or he should intend to fulfill the commandment of the [prescribed] time, like someone who is paying his debt. And likewise with conversation: Even to recount words of wisdom, his intent must be for the service of the Creator or for something that leads to serving Him. The principle of the matter [is that] one is obligated to put his eyes and his heart to his ways and evaluate all of his actions on the scales of his intellect: So when he sees something that will bring him to serving the Creator, may He be blessed, he should do it. But if not, he should not do it. And one who acts like this will be serving his Creator constantly.
Siman 232
Siman 233
Siman 234
Siman 235
Siman 236
In the evening, we make two blessings before the recitation of Shema, and two after it.
One should not talk between the blessing about redemption (ge'ulah) in the evening and the Amidah; even those who routinely say 18 verses and "yir'u eineinu" should not pause between that paragraph and the Amidah. What about when the reader announces Rosh Chodesh [so people can remember to say ya'aleh ve'yavo] between Kaddish and the evening Amidah? This is not a pause, since it is a requirement for the Amidah; and thus, one could also say that Barekhu, to exempt one who did not hear it, wouldn't be considered a pause either. REMA: "See above in section 69. I have seen sticklers who stand while saying the 18 verses of "barukh adonai le'olam" etc. (Ps. 89:53). This is a nice custom because it was set in place of the 18 blessings [of the Amidah], and thus one should stand for them like they do for the Amidah."
If when he arrived the community had already recited Shema and was standing to pray the Amidah, he should pray the Amidah with them and subsequently recite Shema with its blessings.
After "shomér amo yisra'él la'ad" [at the end of Hashkivénu], one should say "amen" after that blessing, but should not answer "amen" after the [following] blessing "hamelekh bikhvodo" REMA: "see above at Siman 215."
Siman 237
Siman 238
Siman 239
Siman 240
If a person is married, he should not be too frequent in his relations with his wife, but rather according to the schedule specified in the Torah. Idle men, who have means of living and do not pay taxes, their schedule is once every day; hired hands who work in another town and sleep every night at their homes, once a week; and if they work in their own town, twice a week; donkey drivers, once a week; camel drivers, once in thirty days; seamen, once in six months; the schedule of Torah Scholars is from Friday night to Friday night; and every man should visit his wife on the night she immerses, and before he embarks on a journey unless it is for a mitzvah matter. This applies [even] if his wife is nursing a child; and [if] he realizes that she is soliciting him and seeking to please him and preens herself before him so that he would pay attention to her, he must visit her. Even when he is with her, he should not seek his own pleasure, but be like someone paying his debt that he owes her at her schedule, and to fulfil the obligation of his Creator, so that he may have children who study Torah and keep mitzvot in Israel; and so too if his intent is for the benefit of the fetus, since during the last six months it benefits it, causing it to come out purified and lively, it is good; and also if he intends to restrain himself through her in order to prevent him from lusting after sin, since he sees his urges getting the better of him and lusting after that thing. Rem"a: For this too one receives reward, but it would have been better if he would resist his urges and overcome them, since man has a small member: when he starves it, he is satisfied; when he satisfies it, he starves. But anyone who doesn't need it, but arouses his lust to fulfil his desires, this is the evil urge's counsel, and from what is permitted to him it will lead him to what is prohibited, and about this our Rabbis o.b.m. said: One who hardens himself intentionally shall be in niduy.
A man shouldn't drink from one cup (Have relations with one woman) and be gazing (thinking about) another cup (another women) even if they are both his wives.
Siman 241
Siman 242
Even regarding someone who depends on others for his livelihood, if he has [even just] some [food] of his own, he must make an effort to honor the Shabbat. The halakhic decisors [poskim] who said, "make your Shabbat as a weekday so that you not rely on others," only said it regarding one in a time of dire need. Therefore [a person who has a bit of their own food, i.e., the initial situation discussed,] must practice restraint during the week so that he can honor the Shabbat. This is based on the decree of Ezra, that people should wash clothes on Thursday (i.e., prepare during the week) for the honor of Shabbat. RAMA: We customarily knead a quantity of dough that is sufficient to become obligated in the mitzvah of challah in the home. With these, we bake breads that we will then break on Shabbat and holidays. This is one of the [many ways] in which we honor Shabbat and holidays, and one must not deviate from this custom. Some write that in a few places they are accustomed to eat mulitha, also known as pashtida, on the night of Shabbat as a remembrance to the manna, which was covered above and below. [Source: Maharil; Rama comments: I don’t see that one should be concerned to follow this.
Siman 243
One shouldn’t rent out his bath house to a non-Jew because the bath house is known to be his. The non-Jew will do work with it on Shabbat. The average bath house isn’t rented out according to a percentage (meaning the worker takes a percentage of the profits). People will say all the profits go to the Jew and wages go to the non-Jew, and as a result the non-Jew is doing work as an agent of the Jew. But to rent out a field is allowed, since it’s common to rent out a field according to a percentage, even though people know it’s the Jew’s field. They will say the non-Jew is working according to a percentage so he’s working for his own sake. An oven is treated like a bath house in this sense. A millstone is treated like a field in this case. RAMA: Even if a non-Jew receives only a third or a fourth of the profits, and the Jew receives a benefit from the non-Jew’s work on Shabbat, it’s permissible to set up this arrangement, since the non-Jew is working for his own sake.
Even for a bath house or an oven: if he rents it out year after year and this matter is publicized that the workers are not getting wages, rather they are rented, or similarly if the custom of the place is that most people rent or stipulate that the profits go according to percentages, then it’s permissible to rent it out to a non Jew or to have profits go according to percentages. RAMA: Even in a place where it is forbidden, if the Jew is hired to work the bath house or oven by a non-Jew, then he rents it out to a non-Jew, it is permissible, since the property isn’t recognized to be owned by the Jew. Similarly, if there is a bath house in living quarters and only those that live there use the bath house, and they know that they hired a non-Jew, then it is permissible. If one transgressed, and rented it out in a situation that is forbidden, some authorities say the rent money is permissible, others say forbidden.
Siman 244
A person agrees with a non-Jew about work to be done and sets a price, and the non-Jew does the work by himself, even if he works on Shabbat, it is permissible. This law is discussed when the work is done in private since most people won’t recognize that this work is being done on Shabbat for the Jew, but if it was well known and publicized, then it is prohibited because when others look at the non-Jew work, they don’t know that the Jew and the non-Jew set a price and they will say that the Jew is hiring the non-Jew to do work for him on Shabbat. Therefore, one who establishes work with a non-Jew to build a house, a courtyard, a wall, or to harvest his field: if the work is in the same state, and in the t’chum, it is forbidden to allow the non-Jew to work on Shabbat because those who see him will not know a price has been set. RAMA: And even if the Jew lives among non-Jews, there is still what to be concerned regarding guests or members of his own household who will suspect him. And if the work was outside the t’chum and also no other city is within the t’chum where work is being done then it is permissible, and the non-Jews that enter sheep belonging to Jews to pen of his field.
To cut stones or to fix roofs, even in the house of the non-Jew, is forbidden since the work is for the need of something connected to the ground. And if he did so, you should not sink the house. RAMA: Some say that if the Jew’s ownership isn’t publicized, then it’s permissible.
If a non-Jew built a house on Shabbat for a Jew in a forbidden manner, it is proper to be stringent by not entering it. RAMA: However, if the Jew stipulated with the non-Jew to not do work for him on Shabbat and the non-Jew did it against his will to finish the work faster, you have nothing to be concerned about.
Public work even to movable objects such as a boat that is known to be a Jew’s is treated with the laws of work to objects connected to the ground.
If he hired a non-Jew for a year or two to write for him or sew him clothes, behold the non-Jew can write and sew on Shabbat. It is as if he arranged with him that he will write him a book or that he will sew him clothes any time he desires, and that day-by-day was not a consideration. He should not do the work in the Jew’s house. Some forbid hiring a non-Jew for a period of time. RAMA: This was said specifically regarding when he was hired to work for a specific task, such as sewing clothes or writing a book. But when he is hired for any work that he needs in that timeframe, then everyone agrees that is forbidden.
If a Jew bought the rights to collect taxes and hired a non-Jew to collect on Shabbat, it is permissible if he arranged it with him according to kablanut, that is he says, “when you extract 100 dinarim, I will give you such and such.” RAMA: He is able to hire a non-Jew to collect taxes for any Shabbat, and the non-Jew will take the profits earned on Shabbat for himself. We are not concerned that people will say the non-Jew is working for the sake of the Jew because in situations of loss like this we’re not concerned. And a Jew who oversees money of a king has the same rules applied as one who oversees money of tax, even though his voice is heard on Shabbat, see below simon 252. The Jew should be careful to not sit next the non-Jew on Shabbat when he’s involved with his money or receiving taxes.
Siman 245
A Jew and a non-Jew that have a field or oven or bathhouse or millstone of water in a partnership, or they are partners in a store in a business: if they stipulated in the beginning at the time they came into the partnership that the profits of Shabbat would go to the non-Jew alone corresponding to another day that would go to the Jew alone, that is permissible. If they didn’t stipulate from the beginning, when they come to distribute the profits, the non-Jew should take all of the profits of Shabbat and the rest they should split. If the profits of Shabbat are not known, the non-Jew should take a 7th of the profits and split the rest. RAMA: There are authorities that permit the profits after-the-fact, even if he did not stipulate and split. It appears to me that in a situation of great loss there is what to rely on this opinion. Some say that all of this is only applicable to partners that each work their own day, but when both are working together all the days of the week, and on Shabbat the non-Jew works alone, then it is permissible to split with him all the profits because the non-Jew is working for his own benefit and the Jew is not benefiting from his work on Shabbat since the work wasn't obligated for him to do. Nevertheless, he shouldn't take the profits of Shabbat unless they are swallowed up with the other days.
Where they stipulated in the beginning: if after the time of splitting the non-Jew wants to split equally, it is permissible.
Where they didn’t stipulate in the beginning, there is a fix by the buyer returning the money of the land or they sell it to a different person afterward and they return and they buy it as a partnership and they stipulate at the time of the sale. If they were partners in a shop and did not stipulate, everybody returns and takes their share and they nullify the partnership. Afterwards they return to partner and they stipulate at the beginning. If he received land to do work as a partnership, they should nullify partnership and forgive each other. Afterwards they return to form a partnership and stipulate at the beginning. RAMA: If he wants to rent to a non-Jew his share on Shabbat or to rent in a way where they share the profits, it is permissible. Just like we clarified above at the end of the siman 242 regarding a tax collector and coins it’s permissible and all the more so here it’s permissible in a partnership with a non-Jew.
A Jew is able to give to a non-Jew money to do business with even though the non-Jew will do business with it on Shabbat. He splits with him all the profits equally since this work isn’t considered that the Jew said to do work, that they non-Jew did it as his agent. Also the work isn’t recognizable to be his. RAMA: This is referring specifically to cases where the non-Jew did work by himself with the money but if everyone worked their day and the Jew needs to work corresponding to what the non-Jew did on Shabbat, then it’s prohibited. And regarding the Jew that has collateral from the non-Jew look below at siman 325 sif 2.
It is permissible for a Jew to give merchandise to a non-Jew to sell if he set his wages, as long as he didn’t say to him sell on Shabbat. An oven that was taken by a Jew as collateral from a non-Jew and the non-Jew received the profits of the oven, he gives to the Jew with interest: it is permissible to take the profits on Shabbat because it belongs to the non-Jew and the Jew has no part of it. Also, the Jew didn’t say to work on Shabbat so the non-Jew is working for the sake of himself, to fulfill the conditions.
If he baked in an oven of a Jew on Shabbat against his will and give him bread as rent of the oven, it is forbidden to benefit from it.
Siman 246
1. It’s permissible to lend or to rent tools to a non-Jew, even though he would do work with them on Shabbat because we’re not commanded about Shabbat for our vessels. Some say that tools that one does work with, such as a plow, etc., it is forbidden to rent to a non-Jew on Friday. And on Thursday it is permissible to rent to him as long as you don’t take Shabbat rent explicitly, rather it is subsumed by the rest. For example, you rent to him for a month or a week. Lending to him is permissible even on Friday. RAMA: And so the main point is like the last reasoning and it’s permissible to lend to him on Friday (Tur; Sma"g; Sma"k; Tosefos) even though it is stipulated that the non-Jew will return and lend to him, we don’t say things like this are considered profits. (Hagahos Maimoni)
2. It is forbidden to lend any tool to a non-Jew on Shabbat, even Friday if it’s close to nightfall. All so that he doesn’t wait to take out from the opening of the lender’s house before nightfall because those who see will think that the Jew commanded him to take it out.
3. It is forbidden to rent or lend his animal to a non-Jew such that he will do work with it on Shabbat because people are commanded regarding the Shabbat of their animals. RAMA: But he is able to rent or lend and stipulate that he will return it to him before Shabbat. But it doesn’t help if he stipulated with the non-Jew that he will rest it on Shabbat because non-Jews aren’t believed about this. [Sma"g; Mordechai] And if he lent or rented to a non-Jew and stipulated with him to return it before Shabbat, and he delayed on Shabbat and he should make it ownerless between himself and him before Shabbat or he says, “my animal is acquired to the non-Jew” in order that he will be saved from the Torah prohibition. RAMA: If he wants he can make it ownerless in front of 3 people like the other laws of ownerlessness and even if there is no one who acquires the animal, that certainly isn’t his intention, only that he remove the prohibition of Shabbat (Tur). And this is specifically for Shabbat, but regarding holidays, people are not commanded regarding the Shabbat of their animals on holidays. (Beis Yosef, in the name of Shibulei HaLeket).
4. A Jew that rents out oxen to a non-Jew to plow with them: many permit it if the non-Jew accepted responsibility in case the animal dies, is stolen, etc. and some say that since the non-Jew cannot sell it, if he wants he can say the animal belongs to a Jew. [See below in this Siman]
5. If a Jew and a Non-Jew are partners in an animal, the Non-Jew may use it for work on Shabbat if it was established with the non-Jew at the beginning, when it was bought, that the non-Jew will assume control of it on Shabbat and the Jew will have control of it during the weekdays. If they did not stipulate to this at the beginning, it is forbidden, even though they may have stipulated to this afterwards....
Siman 247
(1) A letter may be sent with a non-Jew even on the eve of Shabbat close to dark, [provided] he specified his wages and he doesn't tell him to travel on Shabbos and if he did not specify [wages], if there is not an established Ba'y Do'ar (meaning, a person about whom it is known to send letters to him and he delivers the letters to their addresses) in town, it is forbidden to send the letter even from Sunday and if there is an established Ba'y Do'ar in town, he may send it even on the eve of Shabbat, provided there is enough time remaining in the day that he is able to reach the house adjacent to the city wall. RAMA: There are those [authorities] who permit this even if he did not specify the wages and there is not an established Ba'y Do'ar in town provided he sends it on Thursday or prior to this and there is basis to rely on this if necessary.
(2) If he stipulated with him that he will give him wages, even though he didn’t say how much he’ll give him, the law is like they set a price, since the non-Jew is working for his sake. But if he didn’t mention it, even though his intention is that he’ll give him wages, it is forbidden since he isn’t depending on it and is working for the sake of the Jew.
(3) If he employs him daily, something fixed every day when he travels and when he returns, but he isn't particular with him regarding when he travels, if it’s the eve of Shabbat then it’s forbidden because it’s considered like Shabbat [and] it appears he stipulated with him about it.
(4) If the non-Jew carries the letter for free, even if he gave it to him on the eve of Shabbat, it is permitted because the non-Jew is only doing it to return favor because of what he receives from him [prior]. This is like they established a price. RAMA: There are some who disagree and maintain that anyone who does it for free is prohibited and it’s good to be stringent about this but in a place where the non-Jew takes the initiative with the Jew saying that he’ll travel for free, certainly his intention is on the benefit that he will receive from him and that’s permitted. (Beis Yosef)
(5) If the non-Jew is traveling to another location on his own accord and a Jew gives him a letter [to take to that location], it is permitted in all cases.
(6) One who employs a non-Jew for the period of a year or more is forbidden from sending a letter with him on the eve of Shabbat. RAMA: However, if he is only employed for letter-carrying, there some who permit this, as established prior in Siman 244: 6.
Siman 248
1. It is permitted to commence a sea voyage, even on a Friday, if he is traveling for the purpose of a Mitzvah. He must agree [with the captain] to stop on Shabbat; if he subsequently [breaks this agreement] and does not stop it does not matter. For personal reasons (i.e. not for a Mitzvah) one may not commence the journey within three days of Shabbat. RAMA: However, more than three days before [Shabbat] it is permitted, even in ships that will be dragged by animals and even if the depth of the water is less than ten hand breaths [Mahari"k]; even if a Jew will then be required to do a Melacha on Shabbat in order to steer the boat. [Rivash] If it a short journey, e.g. from Tyre to Sidon which is just one day's journey, one may commence travel on a Friday morning, since it is possible to arrive at the destination before Shabbat. In places where it is customary not to commence journeys on Friday at all, even short journeys, it is forbidden to do so.
2. The reason it is forbidden to commence a journey within three days of Shabbat is because of the enjoyment of Shabbat, since for the first three days travelers suffer discomfort and confusion. This only applies to sea voyages; travel in rivers do not cause any pain and it is therefore permitted to commence such a journey even on a Friday. This is only if we are not aware that the depth of the waters is less ten hand breaths; in places where we know that from the bottom of the boat to the bottom of the river the distance is less than ten hand breaths it is forbidden ''to travel outside of the Techum'' because of the prohibition of Techum. RAMA: Likewise in a ship where a Jew will have to perform Melacha on Shabbat one should not enter three days before Shabbat, even if they are flowing rivers and the ship is above ten hand breaths. (Rivash; Mahari"k) There is no prohibition, however, if animals have to drag the boat from the bank of the river and it is not the same as traveling in a wagon, which is forbidden.'
3. This - that it is permitted to commence a sea voyage on Erev Shabbat if he established it as his place for Shabbos on Friday evening, (i.e., he was on the ship from the beginning of bein hashamashos until nightfall), even if he travels on Shabbat itself - is permitted. This is so only if he does not leave the ship from the time he established it as his place (for Shabbat). RAMA: There are those who say that even if he leaves the ship it is permitted. And after he established the ship as his place from Erev Shabbat, it is permitted to enter into the ship on Shabbat and commence his voyage. And there are those who say that one makes Kiddush on the ship and then afterwards they may return to their houses and sleep there. The next day they return to the ship and begin to travel. This is the custom in a few places and we do not object (R"an; Rivash). See Siman 339.
4. If one goes out on a caravan in the desert on Shabbat and everyone knows they will be required to violate Shabbat because of the danger - they cannot tarry in the desert on Shabbat by themselves - for three days prior to Shabbat it is forbidden to go (on this caravan). On Sunday, Monday and Tuesday it is permitted to embark on this journey. If afterwards danger should happen to him and he is required to violate Shabbat because of preservation of the soul it is permitted and it is not considered a violation. One who goes up to the Land of Israel to immigrate may go via caravan even on Erev Shabbat. How so? Because it is for a mitzvah. He is allowed to leave and stop with them for Shabbat. And if after he was in the desert they do not want to rest with him, he is permitted to go with them outside the Techum because of the preservation of the soul, פיקוח נפש. If they come to one city on Shabbat he can walk throughout the whole city. And even if they rest outside of the city and they desire to enter the city, it is permitted. Why? For a mitzvah. He is able to walk 2000 amot in all directions. RAMA: There are those who say that every place a person goes for commerce, or to see a friend, it is considered the same as traveling for a matter of a mitzvah, but it is not considered for personal concerns except when he goes out for a stroll. Therefore it is the custom in a few places to be lenient regarding travelling by ship and going out on a caravan within three days because everything is considered like traveling for the sake of a mitzvah, and we do not object to this since there is one upon whom they can rely.
Siman 249
Laws that Apply on Friday, 4 Seifim: 1. On Friday, from the beginning of the day [onward], it is forbidden for a person [who is traveling] to walk more than three parsaos. [Note: A parsa is a Persian mile, equal to four mil, approximately four kilometers (about 2 ½ miles) in contemporary measure.] In this way, he will reach the destination where he plans to spend the Shabbos while it is still early in the day so that he will [have ample time to] prepare his Shabbos meal needs there, whether he goes to other people's houses or to his house. The above applies concerning a place where a person can prepare his Shabbos needs. If, however, he is located in a place where it is impossible for him to prepare his Shabbos needs, or he is not in a place that will certainly be his (Shabbos) place, it is preferable that he travel even many parsaos [farther]. If he sent to inform them they he is going there for Shabbat, it is permitted for him to several parsaos further in all cases.
2. On Friday, it is forbidden to partake of a celebratory feast that one would not ordinarily partake of on a weekday. [This is so] Even if it is an Erusin meal, because of the honor of Shabbat, so that one will enter Shabbos desiring to eat and partake of the Shabbos meal with an appetite. All day is forbidden. RAMA: A Friday meal where one says zimun, such as a bris milah or pidyon ben it is permitted as seen above, and this is the simple custom. To eat and drink without partaking of the meal, even a meal that one ordinarily partakes of on the weekday, all day is permitted to begin according to the law. Nevertheless, it is a mitzvah to refrain from eating a meal from the ninth hour onward.
3. It is the way of people to fast on every Erev Shabbat.
4. If one accepts upon himself to fast in Erev Shabbat, one must fast until the stars come out unless he clarifies at the time of acceptance of the fast 'until the congregation finishes its prayer'. RAMA: There are those who say that one does not complete the fast except for when they leave the shul to eat (Tur; Mordechai; Hagahos Maimoni). Therefore, for an individual fast one does not complete. And it is good to clarify this at the time of acceptance of the fast. During a public fast, one completes the fast. And this is our custom. (Mahar"il). If the fast was undertaken because of a disturbing dream, one should complete the fast until the appearance of the stars.
Siman 250
1. A person should be arise on friday early to prepare for Shabbat; even if he has many servants to serve him he should find something small to do, for the honor (of Shabbat). We see this with Rav Chisda who would cut vegetables finely; Rabah and Rav Yosef, who would chop wood; Rabbi Zeira who would light the flame; And Rav Nachman, who would clean the house and replace the weekday cutlery with cutlery designated for Shabbat. We can emulate these people and one should not say: "It is unbecoming of me," for this is the honor of Shabbat. RAMA: Additionally one should sharpen his knife to ease eating on Erev Shabbat for this honors the Shabbat and helps him eat (Kol Bo; Beis Yosef in the name of Sefer Chayei Olam)
A person should have more meat, wine and treats, to the best of his ability.
Siman 251
1. Not to Perform Work on Friday from the Afternoon Onward, 2 Seifim: One who performs work on Erev Shabbos from Minchah time and onward will not see a sign of blessing. Some Mefarshim say Minchah means from Minchah Gedolah and some Mefarshim say it means Minchah Ketanah. RAMA: Specifically purposefully setting about to perform significant work. However if someone performs a casual task for an hour and it is not significant it is permitted. (Beis Yosef in the name of א"ז). And therefore, it is permitted to write a casual letter and similar.
2. It is permitted to fix one's clothing or vessels during the whole day. RAMA: This is the law as it relates to his friend's clothes, if it is necessary for Shabbat and he does not receive a reward (Beis Yosef).This law applies to one who writes books for himself in the course of his studies. RAMA: But it is forbidden to write for his friend for money (Mordechai). One may get a haircut all day even from a Jewish barber (Kol Bo and Beis Yosef). There are those who lessen the amount they study on Erev Shabbat in order to perform all the necessities for Shabbat.
Siman 252
1. It is permitted to start an action on Friday near darkness even though the work cannot be completed on Friday and can only be finished on Shabbat. It is permitted to soak/ dissolve a ink or dye in water if it dissolves during Shabbat. It is permitted to put bundles of flax in the oven in order that they be whitened. It is permitted to put wool inside a large pot that is not on the fire, and it is covered with mud. But if the pot is on the fire it is forbidden, lest one stirs the coals. And even if it is not on the fire but it isn’t covered in mud, it is forbidden, lest he stir it with his hand. The one who stirs the pot even if it is not on the fire is liable because of cooking. It is permitted to spread out traps for animals, birds, and fish even though they will be trapped on Shabbat. It is permitted to sell to non-Jews and load it for him close to dark as long as he leaves the door of his house while it is still day. RAMA: And there are those that permit it when the non-Jew leaves on Shabbat if the non-Jew designates a place on the next day in the house of a Jew. And there are those who are strict in this matter (Mordechai). See below Siman 325.
2. A person is permitted to give his garments to a non-Jewish launderer and his hides to a non-Jewish leather worker [to work on] close to nightfall [on Friday] if he established a price or he does them for a favor, and he does not tell him to do it on Shabbat, and the non-Jew performs the work in his house. RAMA: If he did not fix (a price) it is forbidden on Erev Shabbat, and see Siman 247 that there is a difference if one does it for free, for this is a favor. If he sees that he performs his work on Shabbat, if it was being done as a favor he must tell him it cannot be done on Shabbat. RAMA: Even if he gave it to him several days before Shabbat
3. And if there was a well known melachah, and it is known that it is of a Jew and one performs it in a well publicized place, it is good to be strict and to forbid it.
4. Regarding all who fix (a price), even though the non-Jew will perform the work on Shabbat, it is permitted for a Jew to cover the vessel on Shabbat itself, for all that fix (a set price) אדעתא דנפשיה קא עביד. RAMA: There are those who forbid covering it when everyone knows the non-Jew will finish the work on Shabbat. (Hagahos Ashiri; Mahar"il; Beis Yosef in the name of the Rokeach). And one must wait on Erev Shabbat until it is done, and this is our custom initially, if he does not need it on Shabbat, for then there are those who are lenient. If he depends on it being done on Erev Shabbat, it is permitted in all cases [Hagahos Alfasi]. And specifically if the non-Jew takes it to his house. However, it is forbidden to take vessels from a craftsman's workshop on Shabbat and Yom Tov [Mordechai; Hagahos Maimoni; Hagahos Ashiri]. All of this applies to vessels made for a Jew (Beis Yosef). However, regarding a non-Jew who makes shoes to purchase, it is permitted for the Jew who bought them to go and take them from him on Shabbat and wear them, provided he does not fix the purchase price with him [Hagahos Ashiri]
5. It is permitted to open water to the garden and the water will continue and flow all of Shabbat. It is permitted to put קילור, thick collyrium (salve) on the eye even though it is forbidden to put it on on Shabbat. It is permitted to perfume one’s clothes when the process of perfuming is continued all of Shabbat, even if the perfume is placed in a vessel, since one is not commanded to rest his vessels. It is permitted to put barley in a tub to soak, and to load the beams of the olive press or wine press while it is still day upon the olives or the grapes, and the oil or wine that comes from them is permitted [And see Siman 320 Seif 2]. Similarly, if unripe grapes or ears are mashed while it is still day, it is permitted to drink that which comes forth from it. It is permitted to put wheat in a water mill near dark. RAMA: And we do not worry to the sound of the voices of those who say 'the mill of this person is grinding on Shabbat'. There are those who forbid regarding mills and in any place that there is a worry about listening to the sound (Tur; Tosefos; Rosh; Sma"g; Hagahos Maimoni; Teshuvos Mahari"v; Agur) and this is our custom initially. However in a place of loss there are those who are lenient as as explained above at the end of Siman 244. One may place a keli of a weight called זייגר from Erev Shabbat even though he hears a voice announcing the hours of Shabbat, because everyone knows that it is their way to place it there from yesterday (Tur Agur) and see below Seif 338...
6. One may not go out on Erev Shabbat close to darkness with his needle/pin in his hands or his quill pen for he might forget and go out (on Shabbat). However, it is permitted to go out with tefillin close to dark because he will not forget (them).
7. It is a mitzvah for a person to touch his vessels on Erev Shabbat close to dark to make sure there is nothing forbidden in them when he goes out on Shabbat.
Siman 253
1. The Laws of Kirah and a Tanur, placing pots on them on Erev Shabbos: A Kirah is one which is constructed in the shape of a (large) kettle. Pots are placed on top of it, where it has its mouth, and there is room for placing two pots. If this Kirah was fired by means of Gefes [olive waste], or with wood, one may not place food on it to cook in the evening (on Erev Shabbos) with the intention of leaving it there (until after Shabbos arrives) – unless the food has already been fully cooked and is shrinking (i.e., continually getting bigger and smaller as a result from the cooking) to its detriment, in which case it need not be feared that the coals in the stove will be stirred. It is also permitted to place the pot on the stove if the food is raw, i.e. it has not been cooked at all. Since it is raw, one will not pay attention to it until the next morning, as it is can finish cook during the night without stoking the coals. However, if the food is cooked a little bit, or even if it is fully cooked but shrinking through cooking will benefit it, we are concerned that the coals might be stoked. Therefore, leaving it on the stove is forbidden unless the stove is raked, in other words, all the coals are removed from it or are covered with ashes, in other words the coals are covered with ashes to lessen the heat’s intensity. If a raw piece (of meat) is put into the pot, it is permitted just as if it would consist entirely of raw (meat), since now he will not pay attention to the entire pot. But even if the coals were not raked (meaning the coals were taken out of the oven) or covered with ashes (meaning the coals were covered with ashes) it is permitted to place a pot next to it, on the outside. If it was fired with straw or stubble, it is permitted to allow a pot to stay on it even if it was not Gerufa (raked from the stove) or Ketuma (the coals are covered with ashes). RAMA: If two Kirah stoves are joined one beside the other, with an earthenware partition between them: if one is Gerufa or Ketuma and the second is not Gerufa or Ketuma, it is permitted to allow a pot to stay on the one which is Gerufa or Ketuma, even though the one which is not Gerufa or Ketuma will add to its heat. However, as for a Tanur stove even if it was fueled by straw or stubble, it is forbidden to place (a pot) even adjacent to it – even if it is Garuf ve’katum RAMA as long as it is Yad soledes bo. (Haga'ot Mordechai) It goes without saying that it is forbidden to let a pot stay within it or on it. As for a Kupach-stove which has room for placing one pot on it, where it was fueled by straw or stubble, it has the status of a Kirah; where it was fueled by Gefes or wood, it has the status of a Tanur. (Our types of ovens have the status of a Kirah) (R"an). And if he forgot and left it (on the stove) if it is a Tavshil that is cooked all the way it is permitted even if it is food that improves as it condenses (called 'Mitztamech v'Yafeh Lo'). But if it is a dish that is beginning to cook and is not cooked all the way it is forbidden until Motzei Shabbos. Where one deliberately leaves a pot of food, it is forbidden in both cases RAMA: until a time period has elapsed (after Shabbos) during which the cooking done on Shabbos could be done (after Shabbos) (Ha'agahot Ashiri and Rambam). But if a Non-Jew puts it back on on Shabbos the law is the same as one who forgot and left it on (Ha'agahot Ashiri). And if a Jew puts it back on the law is the same as one who intentionally left it on. (Ha'agahot Mordechai). And if the food condensed through more cooking to its detriment it is permitted because he receives no benefit from the forbidden thing. (Beis Yosef, and see the beginning of Siman 237) There are those who say that where it has already been cooked to the degree of Ma’achal ben Derusa’i (i.e. the name of a thief who ate his food semi-cooked) or it is completely cooked and further cooking will improve it, it is permitted to leave it on a Kirah. RAMA: or even on a Tanur (HaMagid; Ha'agahot Mordechai; the beginning of the paragraph Kirah in the Beis Yosef) even one fired with Gefes (olive waste) or wood, and even if it was not Gerufa or Ketuma. In this opinion, Garuf ve’katum and firing with straw and stubble were mentioned only when the cooking process has begun but has not reached the stage of Ma’achal ben Derusa’i; or, where one has removed the pot from the stove and desires to return it on Shabbos. Where one forgets and leaves a pot of food, which has begun to cook, but has not reached the stage of Ma’achal ben Derusa’i , it is forbidden to eat it. It goes without saying where one intentionally leaves it there that it is forbidden to eat. RAMA: The people’s custom is to be lenient and follow this last opinion ...........
2. A Kirah that is Gerufa or Ketuma, if one removes a pot from it even on Shabbos, he may return it as long as it is boiling hot RAMA: and it is still in his hand (Tur) and he has not placed it on the floor RAMA: and his intention is to return it (Tur). This is specifically to the top [of the stove] but to the inside it is forbidden. It is forbidden to return [a pot] to a Tanur even if it is raked and covered up. Similarly, a Kupach when fired with Gefes [olive waste] and wood. RAMA: This is specifically when the food is fully cooked (Beis Yosef). It is then permitted to return it, even to another Kirah. But if it is not fully cooked it is forbidden even to return it to the same Kirah. There are those who say that all is forbidden only where one removes it from the Kirah while it is still day and wishes to return it after dark. However, if he removes it after dark it is permitted [to return] even if in the meantime he places it on the floor. (R"an Perek Kirah). This is our custom to be lenient for our [type of] ovens, that have the status of a Kirah, because the lenient opinion is relied upon. And it is better to be more stringent. But in all opinions where it has cooled off it is forbidden [to return it] [Beis Yosef]. There are those who say that if one removes the food from the Tanur on Shabbos it is forbidden to wrap it up in pillows or blankets. There are those who say that close to dark or close to Barchu which for us constitutes an acceptance of Shabbos (Ha'agahot Mordechai), where it is so close to Shabbos that if the pot would be cool it would be impossible to boil it up while still day, the same law (of Chazora) applies as to Shabbos itself. Some are lenient in this, and such is the accepted practice. Nevertheless it would be preferable to be stringent where there is no real need. But this refers only (to returning) directly onto a Kirah, however placing it next to it (the stove) or even next to a fire where the heat is Yad soledes bo is permitted even close to dusk. For a Tanur there is no difference between returning a pot onto it or next to it when that area is at a temperature of Yad soledes bo, but if that area is not Yad soledes it is permitted even on Shabbos, as will be stated below in Siman 318.
3. If one rises early (on Shabbos morning) and finds that the food in his pot is beginning to burn, if he is concerned that it might burn more, he may remove it, place a used empty pot on the mouth of the Kirah, and then put the pot containing the food atop the empty pot. One should be careful not to place the pot (containing the food) on the ground and it should be boiling hot. (It has already been stated that it is customary to be lenient (and permit returning a pot to a stove) even where it has been placed on the ground).
4. One should protest against those whose practice it is to wrap up a kettle of hot water while still day (on Erev Shabbos), and then pour it into a pot of food on Shabbos when the food begins to dry out (see below Siman 318).
5. On Shabbos, it is permissible to place onto a pot of hot water, a dish of food that is already fully cooked such as Panades or the like, in order to warm it, since he is not cooking in a usual manner. However it is definitely forbidden to place (food) under cloths that cover a water kettle. RAMA: similarly it is forbidden to place (food) on a Kirah even if it is Gerufa and Ketuma, as the sages only permitted Chazora (but not placing a pot for the first time), as has been explained above. Some (authorities) permit placing (a pot of food) into a Tanur used for baking on Erev Shabbos, when no food was left warming in it (it was merely used for baking on Erev Shabbos), only a small amount of heat remains and there need be no concern that this will cause it (the pot) to be cooked – provided (the food) has not cooled completely. Some, however, are stringent here, and (hold that) if the heat of the Tanur is so intense that it is of Yad soledes bo, it is forbidden. See below Siman 318. One may not tell a non-Jew to do anything that is forbidden to do himself. It is therefore forbidden to tell a non-Jew to heat up the pot (of food) that has cooled. If one does so, it is forbidden to eat it even cold. [Beis Yosef and the Teshuvos HaRashba] However, if the food has not cooled below the temperature at which it is edible, it may be eaten if the non-Jew heats it up. For this reason it is common practice to have non-Jews remove pots of food from ovens in which they have been stored to retain their heat, and place them next to or on top of a heating stove, and then have the (non-Jewish) maidservant light the stove, whereupon the food will become boiling hot once again. However it is forbidden to do this through a Jew. (Terumas HaDeshen) If, however, the pots are still hot they may be placed next to the heating stove. The reason is that, as has been explained, our ovens have a status of a Kirah, and placing it next to a Kirah, which is not Garuf Ve’katum, has the same law as placing directly on top of it when it is Garuf Ve’katum (which is permitted). It has already been stated that the customary practice is to be lenient (and permit) to do Chazora [returning a pot to the stove] even if the pot has been placed on the ground. Similarly, placing (a pot) next to an oven, which is not Garuf Ve’katum (is permitted) if the food is still hot and fully cooked. It is a widespread, accepted practice to permit this. See below Siman 318.
Siman 254
1. The Laws of Food Prepared Erev Shabbos in order to complete on Shabbos, containing 9 Seifim: Although it is permitted to do She’hiya [leaving a pot on the stove over Shabbos] with raw meat, this refers to {meat cooked} in a pot, but placing meat for roasting next to a fire close to Shabbos is forbidden, since it it roasts quickly and one might stir the coals. However, this is only for beef or goat meat; but kid or fowl, cut up into sections, are permitted (to be placed next to a fire for roasting). We do not fear that the coals might be stirred, since such meat will burn (i.e., go beyond the stage of roast and become burned meat) if the coals are stirred, for they require no more than the heat of the fire. However, (if roasting is done) in an oven whose mouth is sealed with clay, then even a whole kid or fowl, as well as beef or goat meat are permitted. We need not fear that anyone will stir up the coals, for if the stove will be opened for stirring air will enter, cooling the stove and causing the meat to harden and spoil. RAMA: There is no difference here whether it is completely raw or somewhat cooked. [Beis Yosef]. As long as the body (of the animal) is whole, even if its head or feet are not attached to it, it is considered whole (Hagahos Mordechai). There are some who are stringent and hold that everything is permitted in a stove that is sealed with clay, and, (on the other hand) everything is forbidden over an open fire. The distinction made between a kid and fowl and other meat, exists only where the mouth of the oven is closed but not sealed with clay. Common practice is in accordance with this opinion (Tur, Hagahos Ashiri, Beis Yosef in the name of Rashi, the Smag, the Smak).
2. It is forbidden to roast onions, eggs, or meat on coals unless there is enough time in the day for them to be roasted on both sides, to the degree of Ma’achal ben Derusa’i, which means half-cooked, even if it is kid meat. The reason is that since one placed them on coals, one’s principal concern is that the roasting be done quickly – even if the meat gets scorched, and we therefore fear that the coals will be stirred. However when it is already roasted to the degree of Ma’achal ben Derusa’i, then even in the case of beef, we do not fear that the coals might be stirred, for since it is already edible, there is no reason that anyone would want to stir the coals and ruin it.
3. When roasting is done on Shabbos in a prohibited manner, whether through intentional transgressing or after forgetting (that it is forbidden), it (the food) is forbidden.
4. Fruit that is usually eaten raw is permitted to be place around the pot, even though there is not sufficient time for them to roast [completely] before dark. However it is necessary to be careful not to return the cover if it is close to dark and not to add to it because one will be hastening [the fruit’s] cooking on Shabbos.
5. Before nightfall [on Friday], it is forbidden to place bread in an oven unless there is enough time during the day for a crust to form on the side of the loaf that sticks to the oven, and one may not place a loaf to be baked on [or over] coals unless there is enough time during the day for a crust to form on the side of the loaf facing the fire. RAMA: And any that is sliced and the pieces stick are called קרימת פנים, crusted on the face/top (Hagahos Maimoni). Pashtida and פלאדי"ן require a crust on the surface on top and bottom, and what is inside it must be cooked to Ma'achal Ben D'rusai (Beis Yosef in the name of the Sma"g...) If one placed them (on the coals/fire), close to nightfall and their surface did not crust, if one did so intentionally it is forbidden until Motzei Shabbat for the one who made it; and if unintentionally, if one did not have anything else to eat one is permitted to remove it for the Third Meal. One may tell others who do not have anything else to eat to come and remove the food for the Third Meal; and when removing the bread, he should not remove it with a baker’s peel, but rather with a knife or something similar so that he doesn't do it the same way he does during the weekdays. If one cannot remove the bread in a different way, he may remove it with a baker's peel. And if one waited the amount of time it takes for it to crust, so that he will not perform a forbidden task and it is a Shabbat need, he may remove it like he normally does; if not for a Shabbat need, he may not do so even in a different way. RAMA: All of this applies regarding an oven that is not sealed with clay (Hagahos Ashiri). However if it is sealed with clay, or he is not baking it for the needs of Shabbat, but rather for Motzei Shabbat where it has time to bake, it is permitted because we do not make a Gezeirah in this situation due to (worrying) he might rake the coals (Kol Bo)
6. If one placed it (on the fire) on Shabbos, even intentionally, one may remove it before it bakes so one will not come to an Issur who's punishment is stoning.
7. In our ovens, which do not have the removal of bread, it is permitted to take it out prior to the Third Meal with a knife or with something that it will stick to. Nevertheless, one should not remove [a loaf] with a baker’s shovel so that he not follow his ordinary weekday practice.
8. A person may not fill a pot with beans, vetch [A type of bean usually used for animal fodder, but edible for humans after extensive cooking], or other kitniyos, and place it on a range on Erev Shabbos close to nightfall because these things do not require much cooking and the common practice is to eat them immediately. Because of this, even if they are not cooked like they should be, they are considered as if fully cooked when the begin to cook and we do not cook them like this because it is forbidden to delay it. This is the law as well for a Kirah and a Kupach (types of ovens). RAMA: when they are not Garuf v'Katum and it is possible to stir the coals (Beis Yosef). If one does this, even unintentionally, it is forbidden to the person until the time it takes to make it.
9. Likewise, one may not fill a cask of water and put it in the oven lest he forget; and if he does so it is forbidden to be used by the person who did this.
Siman 255
1. The Laws Governing the Preparation of Fire before the Onset of Shabbos, 3 Seifim: It is forbidden to make a large fire – a medurah – using wood as fuel close to nightfall [on Friday] unless the fire catches hold to the extent that the flame burns on its own accord without the assistance of other wood (I.e., flaming wood from an outside source.) If [only] one log is [burning], the fire must take hold of the majority of its circumference and its width. If it is not kindled as such (like above) it is forbidden to make use of it on Shabbat. This is a decree, lest one stir [the wood] on Shabbos, moving [the pieces of] wood until the flame ascends on its own accord. If, however, [the wood] was kindled to the extent described [in the previous subsection] while it was still day, a person may warm himself by [that fire] and use its light, regardless of whether [the wood] was [burning] on the ground or on a holder for fire. And even substances that are forbidden to be used as wicks for [the Shabbos] lights.
2. There are authorities who maintain that if coals [are used for kindling], even though the fire only started burning minimally [on its own while it was still day on Friday], it is permitted [to benefit from it], because they will continue to burn on their own.
3. When tar, sulfur, straw, or stubble [are used as kindling for] a medurah, even though the fire only started burning minimally [while it was still day on Friday], it is permitted [to benefit from it, because these substances will continue to burn on their own]. The same [rule applies when] reeds or date pits are used as kindling when they are spread out. If, however, the reeds are bound [in a bundle] and the pits are [collected] in a basket, then the fire must take hold of them to the extent that it ascends on its own accord, and there are those who say the opposite.
Siman 256
The Six Shofar Blasts that Would Be Sounded on Friday: When the Jewish people were settled in their land, they used to sound six shofar blasts on Erev Shabbat, [to alert] the people to conclude [their] work. RAMA: At present, the custom in holy communities is that a half hour or an hour before Shabbos, an emissary of the community announces [that everyone] should prepare himself for Shabbat, and this is in place of the shofar blasts that took place in those days. It is appropriate to act thus in all places.
Siman 257
1. The Laws of Insulating a Pot of Hot Food, containing 8 Seifim: Hatmana (definition: insulating a pot of hot food) may not be done on Shabbos even with a substance that does not increase heat. However, during the time-frame that is questionable if it’s night (Bein Hashemashos), Hatmana may be done. Hatmana may not be done in a substance that adds heat, even while it is yet day (before Shabbos). If one did Hatmana in a substance that adds heat, the food is forbidden even after the fact. But this specifically refers only to cold food heated (by Hatmana) or (cooked food) improved by further cooking, but if it only retained its original warmth, it is permitted (to eat the food). RAMA: There are those who say that if one forgot and did Hatmana accidentally with a substance that adds heat, it is permissible to eat. [Ha'gahos Mordechai]. And there are those who say, that all this is only forbidden when it is done for the night (meal), but if the Hatmana is done [on Friday] for the following day, while it is still day, it is permissible to do Hatmana in a substance which adds heat. [Mordechai, beginning of the chapter 'Kira'; Beis Yosef, end of Siman 253 in the name of Shbolei Leket]. After the fact one can rely on this opinion provided one does not become accustomed to doing so.
2. One may not do Hatmana on Shabbos even for food that is fully cooked, even with a substance that does not add heat. Nevertheless, one is permitted to place an object over food to protect it from mice and from dust, since this is not Hatmana for retaining heat; rather it is for protective purposes and is like putting a lid on a pot. [See above, Siman 253].
3. The following substances add heat: olive waste or sesame waste, manure, salt, lime and sand, – whether wet or dry. The following three substances add heat when wet: straw, zagin (definition: Grape refuse after pressing), mochin definition: according to the Mishnah Berurah, this is any soft material, such as cotton, soft tufts of wool torn from lambs, or shredding of worn clothing), and grasses. The following substances do not add heat: clothing, fruits, dove downs (or other feathers), worn linen fibers, and carpenter’s shavings (the fine scraps of wood that fall from wood when planed). RAMA: There are those who say that Hatmana is permitted with rocks, even though they add heat, since rabbinical decrees were not enacted in unusual circumstances. [Tosefos; Mordechai beginning of paragraph Lo Yachpor]
4. Even though Hatmana is forbidden on Shabbos even with a substance that does not add heat, if Hatmana was done before Shabbos and (the pot) became uncovered after dark, it is permitted to cover it again. Similarly, one may add to it [more insulation] on Shabbos, if he wishes. Also, one may remove (the coverings) entirely and replace them with others, if he wishes. This holds true whether the first (coverings) retain more heat than the second, or whether the second retain more heat than the first. Even if (the pot) was only covered with a sheet, he may remove and replace it with a thick woolen cloak. All this is on condition that the food is fully cooked, but if it is not fully cooked then even adding to the covering is forbidden, since such an addition causes (additional) cooking.
5. If one transfers food on Shabbos from the pot in which it was cooked to another pot, [then] Hatmana may be done with a substance that does not add heat.
6. One is allowed to store something cold in something that does not add heat so that it doesn’t get even colder or in order to take away its chill. But if it does add heat, even to store something completely cold even prior to Shabbos it is forbidden.
7. Hatmana is forbidden even if the food is fully cooked and Mitztamek ve’ra lo [meaning: Shrinking/drying out through cooking to its detriment]. RAMA: This is the opinion we follow. There are those who are lenient and say that Hatmana is permissible if the food is either completely raw or fully cooked, just as She’hiya (is permissible), as was explained above in Siman 253. In a place where their custom is to be lenient like this opinion, they should not be prevented (from keeping their custom), but other places should not follow this custom.
8. Even though it is permitted to leave a pot standing on a Kirah containing coals according to the conditions explained in Siman 253, however, if the pot is covered with soft materials, even though they do not add heat, they will nevertheless add heat because of the fire underneath [and it is forbidden]. However, in a way that the soft materials do not touch the pot, even though there is fire underneath them, it is permitted since this is not the normal manner for Hatmana. Therefore, where one places a pot on a Kirah or Kupach that contains coals, and the bottom of the pot does not touch the coals, it is called She’hiya and permitted according to the rules laid down in Siman 253. If one places a wide utensil over the pot in such a way that it overlaps the pot and then puts cloths over the wide utensil, this is permissible. Since the cloths do not touch the pot as the utensil is wider than the pot, it is not considered Hatmana. Similarly, it is permitted to place a pot into our ovens by putting a raw piece into it, provided that the pot is not touching the coals. Even if the mouth of the oven is covered with cloths, since the cloths are not touching the pot it is not considered Hatmana and it is permissible. RAMA: The Hatmana which is done in these regions, whereby food is stored in the oven and the mouth of the oven is sealed with clay, is permitted according to all opinions, as explained above in Siman 254 and will be explained below at the end of Siman 259. It is a mitzvah to wrap food for Shabbos so that he will have hot food to eat on Shabbos, for this is an honor and delight of Shabbos. Whoever does not put trust in the words of the sages and forbids eating hot food on Shabbos, may be suspect of being a heretic. (Baal HaMeor Chapter 'With What Do We Insulate' etc).
Siman 258
1. It is permissible on Erev Shabbos while it is still day to put a vessel with cold food on top of a warm pot because this is not insulating with something that gives more heat.
Siman 259
1. Several Laws Governing Insulation and Moving the Insulating Materials, 7 Seifim: Since they are muktzeh, on Shabbos, it is forbidden to move muchin (any soft substance, e.g., cotton, the soft wool of an animal, or the remnants of worn out clothes.” In this section, we are speaking about muchin that are dry, for muchin that are wet are considered as substances that increase temperature and are forbidden to be used for insulation) that were used on Friday to insulate a pot on the spur of the moment. Rather, he should shake the cover and it will fall (on its own) e.g, its muktzah is uncovered, and this is not considered 'moving'. However, if it was insulated with fleece wool, even if it was not designated for that purpose, it is permitted to move it. This refers to fleece that is not set aside for commerce. However if they are for merchandise they must be set aside. If one insulates with them without them being set aside, one shakes the cover and they fall off, that is to say, when the cover of the pot is considered as a k’li. Even though they are on top of it, we are not worried about it, because we do not make a Basis for them.
2. Those who place stones and bricks around a pot (for insulation) must permanently designate them for that purpose (so that it will be permitted to move them on Shabbat). For as long as they are not designated for that purpose, they are not considered important to a person and he may cast them away. Therefore, it would be forbidden to move them if they were not set aside and designated for that purpose
3. When a person insulated [a pot of food] in a container full of muchin that are forbidden to be moved, once he removed the pot from there in the prescribed manner, he may return it there, as long as the hollow [in which the pot had been placed] remains intact. If, however, the hollow did not remain intact, it is forbidden to return it. Nevertheless, as an initial preference, one may remove the pot with the intent of returning it, [provided the hollow remains intact]. We are not concerned that he may widen the hollow if it does not remain intact. There are those who say that even if one insulates with a substance that is permissible to move, if the hollow remains intact one may not return it, because the pot would need to have a place made for itself to be grasped, as we find regarding one who insulates on Shabbat.
4. One who insulates with something that is not taken away and covers its mouth with something that is not removable, one exposes the cover, grabs the pot and removes it.
5. One who insulates and covers (a pot) with something that is not removable, if the muktzeh of the pot is exposed, one removes it and returns it, and if not we do not remove it.
6. When a festival falls on Friday, there are those who forbid insulating with stones, because this is like Binyan; and there are those who permit this.
7. When something warm is placed in an oven for Shabbos and the opening of the oven is blocked with a board which is sealed with mud, it is permitted to break apart that seal on Shabbos to remove the warm food, and to return it and seal it. If it has burning coals, it is permitted to be done by a non-Jew. RAMA: There are those who are stringent not to allow a Jew t0 break the seal of the oven sealed with mud if it is possible to get a non-Jew to do it. If it is possible to have a minor Jew do it, an adult Jew should not do it. If it is not possible, then an adult can do it in a slightly different manner than usual, and this is our custom. And it seems to me that it is permitted to return it and seal the over, in other words during the day, for then all the pots have been cooking like they have needed. However at night, close to the time he insulates it - for there is a doubt that maybe the pots have not yet cooked fully - it is forbidden to seal the oven because one will cause [the food] to cook more quickly as is explained in Siman 257 Seif 4. Even doing so via a non-Jew is forbidden, as explained above at the end of Seif 253 (and for other laws regarding Chazarah on Shabbat see later Siman 318).
Siman 260
1. Laws Governing [Preparations for] the Onset of Shabbos, 2 Seifim: It is a mitzvah to wash RAMA: one's whole body. If it is not possible he should wash (Tur) his face, hands and legs with warm water on Erev Shabbat. It is a mitzvah to wash one’s head and trim one’s nails every Friday. RAMA: If one’s hair [has grown] too long, it is a mitzvah for him to cut it. And when one trims one's nails one should not grab hold of them in order. One should begin trimming the nails of his left hand with [those of] the kamitzah, (i.e., the fourth finger, the one next to the pinky). On the right hand, [one should start] with the index finger, the second finger, the one next to the thumb. Thus, a memory cue for the order is בדאג"ה (2, 4, 1, 3, 5) on the right hand and דבהג"א (4, 2, 5, 3, 1) on the left. (Avudraham in the Sefer HaMussar)
2. When it is close to nightfall, one asks of the members of his household in a gentle tone, have you tithed? Have you established the Eruv? Have you separated Challah? And he says to them, 'light the candle'. In a place where one does not tithe, it is not necessary to ask if one tithed (Tur)
Siman 261
1. The Time to Kindle the Shabbos Lights, 4 Seifim: If there is a doubt as to whether it is dark, this is bein hashemashos (this is the amount of time to walk 3/4 of a mil after shekiat hachamah (Tur) [a mil is 1/3 of an hour less than 30 minutes; A mil is a Talmudic measure of distance equivalent to approximately 960 meters (.596 of a mile) according to Shiurei Torah.]) we do not tithe what is certain, we do not immerse the vessels, we do not light the candles and we do not establish the eiruv techumim [A halachic construct enabling a person to extend the 2000 cubit distance – approximately a kilometer – that he is permitted to walk beyond a city’s Shabbos limits. Employing an eruv techumin enables a person to walk an additional 2000 cubits (Rambam, Mishneh Torah, Hilchos Shabbos 27:1; Hilchos Eruvin 6:1-2)] (See Siman 415, Seif 2). However, we do tithe the Demai [Produce concerning which there is a question whether it was tithed or not. As a stringency, our Sages required tithes to be separated from it], and we insulate hot things and we establish the eiruv for the courtyard (And see Siman 393). It is permissible to say to a non-Jew during bein hashemashos to light a candle for the needs of Shabbat. And also it is permitted to tell him to do any work that is required for a mitzvah or it is a taxing and pressing matter. RAMA: And therefore one who accepts Shabbat upon himself an hour or two before nightfall can tell (the non-Jew) to light the candle and direct him to do other things he may need [Mahari"v]
2. There are those who say that we must add from the weekday (mundane) to the holy and the time of this addition is from the beginning of sunset, i.e., when the sun is no longer visible on the earth’s [horizon], until bein hashmashos. This period is equivalent to the time [sufficient to walk] three-and-a-quarter mil (this is approx. 60 minutes). If one desires to deem this entire period of time as tosefes Shabbos (the addition to Shabbos), he may. If he wants to add less, he may. This is provided that one will add some amount of time when it is certainly day from the mundane to the holy. The time of bein hashemashos is 3/4 mil, which is like walking approximately 960 meters or .596 of a mile before nightfall. RAMA: And if one wishes to do this earlier and accepts Shabbos upon himself from Plag Hamincha and onward, he may do so. (Tur; Agur in the name of Tosefos)[See Siman 267].
3. A person who is not knowledgeable regarding the measure (of bein hashmashos and does not know when to add to it) should kindle the [Shabbos] lights while the sun is still visible on the treetops. If it is a cloudy day, he should kindle them when the roosters sit on a beam while it is still day. If he is in a field where there are no roosters, he should kindle them when the ravens sit there while it is still day
4. After the answering of 'Barchu', even though it is still day, one does not make an eiruv and does not insulate because they accepted Shabbat on themselves. And as far as he is concerned, where they say 'Mizmor Shir l'Yom Hashabbat' (before Barchu) it is like they said Barchu, as far as he is concerned.
Siman 262
To Sanctify Shabbat With a Set Table and Clean Clothes, 3 Seifim: (1) One should set his table and take his cushions and arrange the appearances of the house, so that we should find it arranged and ordered when he returns from Synagogue. RAMA: It is that our tables are kept set all of Shabbat and such is the custom and one shouldn't change it. (Tur; Mordechai; Hagahos Maimoni)
(2) One should strive to have good clothing for Shabbat and if is impossible for him to do so, he should at least lengthen (meaning, he should lengthen the hem at the bottom so it is longer like the style of the wealthy who lounge around their homes, Rashi) his clothes at bottom in a respectful way.
(3) One should wear nice clothes and celebrate the arrival of Shabbat like the greeting of the king or the greeting of bride and groom. Rebbe Chanina would shroud himself in his garment and stand waiting on the evening approaching Shabbat and say " Come and go out to greet the Shabbat queen" and Rebbe Yannai would say "Come bride, Come bride." RAMA: and one should dress himself in Shabbat garments immediately after he bathes himself and this is an honor for Shabbat, and because of this, one should only bathe close to the evening [approaching Shabbat] so that he may dress himself immediately. (The new Hagahos Mordechai)
Siman 263
1. Who Should Kindle [Shabbos Lights]; [Reciting the Shabbos Prayers Early as a Result of] an Error [in Judgment on] a Cloudy Day, 17 Seifim: One should take care to make a beautiful candle/lamp and there are those who place two wicks in this lamp, with the intent that one light recall [the command] “Remember”and the other, [the command] “Observe". RAMA: One may add and light three or four candles, and such is our custom. The woman who one time forgets to light should light three candles for the rest of her days (Mahar"il) because one may add to an intentional task rather than something else, so long as one does not kindle less than two (Ashiri; Mordechai)
2. An both men and women must have in their houses an ignited lamp on the Sabbath; even if they have not what to eat they must beg at doors and take oil and light the lamp because this is within the generality Sabbath Enjoyment.
3. Women are more responsible, since they are present in the home and engaged in the household needs. If one lacks means to purchase a Shabbat lamp and kiddush for the day, the Shabbat lamp takes precedence. Similarly, if one lacks means to purchase a Shabbat lamp and a Hanukkah lamp, the Shabbat lamp takes precedence because of peace in the home, since there is no peace without a lamp. (And if one lacks means to purchase wine for kiddush and a Hanukkah lamp, see later Siman 678).
4. A person should not hurry to kindle [the Shabbos lights] while there is still much daylight left because then it is not evident that they are being kindled for the sake of Shabbat. Nor should the kindling be delayed [past the appropriate time]. If one seeks to kindle the light while there is still much daylight left and accept Shabbat at that time (close to the time of kindling) he may do so. Since he accepts Shabbat directly thereafter, this is not considered as [kindling too] early, provided that it is after p’lag haminchah, which is one and a quarter seasonal hours before nightfall. RAMA: See later Siman 267. If the candles were light while there is still much daylight, one must extinguish the light and go back and light it again for the sake of Shabbat. (Tur).
5. When you ignite, you bless: "Blessed are you H' Elokim, King of the World, who sanctified us with your commandments and commanded us to ignite the Sabbath lamp"—both the man and the wife. Also on Holidays it is necessary to bless, to ignite the Holiday lamp. And on non-Sabbath High Holidays, there is one who says that you do not bless, See below Siman 610. RAMA: There is one who says that we bless before the ignition and one who says that we bless after the ignition (Mordechai). And in order that it be "before your act" you should not benefit from it until after the blessing; therefore we put a hand in front of the candle after the ignition, and then we bless, and afterward we remove the hand—this is called "before the act" and such is the practice. (Mahari"l)
6. Lads which travel to learn away from their homes must ignite the Sabbath lamp in their rooms, and bless over them, but one who is married need not ignite in his room and bless over them because his wife blesses in his stead.
7. A guest that has no room to himself and whose home does not ignite for him must participate via a p'rutah.
8. Two or three men that eat in one place — there are those who say that each one blesses on his own candelabra, but this is a fumbling of the issue. And it is correct to be wary of ambiguous blessings, so none bar one should bless. (RAMA: But this is not our practice.)
9. Those who ignite within the house but eat in the courtyard — if the lamps are not long-lasting such that they remain ignited until the night they have blessed in vain.
10. Acording to the author of the Halakhos Gedolos, because the Sabbath lamp has been lit the Sabbath is incumbent upon you and labor is prohibited. And based on this some few women have the practice of, after they bless and ignite the lamps, throwing down the match in their hands with which they have ignited without extinguishing it. And some say that if she stipulates before she ignited that she is not accepting the Sabbath until the cantor says "Bless," it works. And some say it does not work. And some dissent (from the author Halakhos Gedolos) and say that she does not accept the Sabbath by igniting the lamp but rather by the evening prayer, because when the cantor says "Bless" all refrain from their labor; and according to these, when we begin with "A song for the Sabbath Day," that is like "Bless." RAMA: And the practice is that a woman who ignites accepts the Sabbath in that ignition if she has not before stipulated, and even a mental stipulation counts. (Mordechai) But the rest of the house's residents are permitted labor until "Bless." And the essence of the ignition resides in the lamps ignited on the table but not in the rest of the lamps in the house. (Or Zarua) And it is necessary to place the candles at the ignition site, and not to ignite them in one place and move them to another. (Mordechai's commentary on Bava Metzia)
11. Even though the community has not yet prayed, if an individual precedes them and says Sabbath prayers, from the prior day on he has accepted the Sabbath and is prohibited from labor. And even if he said that he did not intend to accept the Sabbath.
12. If most of the community has accepted the Sabbath, the minority is forcibly drawn after them.
13. A man that comes to a city on Sabbath Eve and already the city's residents have accepted the Sabbath -- even though the day yet stretches, if he has upon him some trifle or any object he must drop it.
14. If on a cloudy day the congregation errs and believes it is darkening and so ignites lamps and prays the evening prayer of the Sabbath, and afterwards the clouds part and the sun shines, they need not repeat the evening prayer if they prayed after Plag Ha-Mincha. If it is an individual that erred in this, he must repeat the evening prayer. And as regards the matter of doing labor -- in both the case of the congregation and the individual they are permitted, because the acceptance of the Sabbath was in error. And some say that those who ignited lamps are prohibited from doing labor, and the rest of the house's residents are permitted. And some say that the lamp which was ignited for the Sabbath -- it is prohibited to touch it and to add to it oil. Even if it is extinguished it is prohibited to move it.
15. One who waits to pray the afternoon prayer on Sabbath Eve until the community has accepted the Sabbath cannot pray the afternoon prayer in that synagogue; rather he must exit to a different synagogue and pray the afternoon prayer of a weekday. And [this is in the case of] one that didn't accept the Sabbath with them, but if he did answer ["Bless"] and accept the Sabbath with them he cannot pray a weekday prayer but rather prays the evening prayer twice.
16. If he arrives at a synagogue close to the acceptance by the congregation of the Sabbath, he begins to pray the afternoon prayer and even though whilst he prays the congregation accepts the Sabbath, this does not matter -- behold, he has begun permissibly.
17. Some say that one who accepts the Sabbath before darkness is permitted to instruct his fellow Jew to do labor for him. RAMA: And it is permitted to benefit from this labor on the Sabbath, and even more so on Saturday night. And after one prays on Saturday night, or finishes his meal at night, one may instruct his fellow Jew who has already prayed [the evening prayer] and distinguished [the Sabbath from the weekday] to do labor for him, i.e. to light for him lamps or cook for him, and it is permitted to benefit and to eat of his labor -- so it appears to me.
Siman 264
1. Laws of the wick and the oil, 10 Seifim: We do not make a wick for the Sabbath lamp, neither for the table lamp nor any lamp lit in the house, from a material whose light does not cling to it but rather moves around and whose flame jumps -- like wool or hair etc. Rather, from a material whose light attaches to it, like ripe flax or linen fiber or cotton or hemp etc. RAMA: And if you light with forbidden materials it is forbidden to use the light. (Responsa of Rashba no. 178) And some say that if there is one lamp of permitted materials it is permitted to use the light of the others, and also it is permitted to do something possible without a lamp, even by the other lamps. And for a Sabbath need it is possible to be lenient post facto. (Hagahos Mordechai ch. 1 and 2 of Shabbat)
2. A layer of a material with which we ignite on a material on which we do not ignite - if the purpose is to thicken the wick so as to add light, it is forbidden. If the purpose is to strengthen the wick so that it stands and doesn't slide down, it is permitted. And for this reason it is permitted to layer a material with which we ignite on top of reeds or straw in order to give the wick a partition. RAMA: We give a grain of salt or a bit of bean on the mouth of the lamp on Sabbath Eve so that it will burn beautifully on the Shabbat. (Maimoni ch. 5 and Tur)
3. We do not ignite the Sabbath lamp except from oil which follows after the wick, and therefore we do not ignite with pitch nor with wax nor with oil made from cotton nor from sheep-tail fat nor from forbidden fat. And also we do not ignite with tar because of its foul odor, and he'll place it and pass. And not with balsam sap because because of its wafting odor, lest he drain from it and find himself liable for extinguishment.
4. Even if he adds a bit of olive oil to these oils which do not follow, and then it follows -- we do not ignite with them.
5. Molten fat and fish entrails -- we do not ignite with them. And if one adds to them a bit of one of the oils we ignite with -- it is permitted to ignite with them.
6. We ignite with all oils except these, and always olive oil is an optional improvement.
7. A layer of pitch or wax or fat around the wick -- we ignite with them.
8. The igniter must ignite most of the lamp's wick.
9. It is not necessary to singe the wick. (Explanation: A singed piece which falls on something which is not totally burnt and is also is not fully whole. "Do not eat of it now" -- Targum Yonasan "singed." RAMA: And in all cases our custom is to light the wick and to then extinguish it so that it may be charred (before [re]kindling them for the sake of the mitzvah) [so that] the flame should catch on well. (Tur)
10. We do not light with rags even if they are singed. [note: See Shabbos 29a]
Siman 265
1. The Laws Pertaining to Utensils Placed Below the [Shabbos] Light, 4 Seifim: It is forbidden to place a container filled with oil that has a drainage hole positioned over the opening of the [Shabbos] lamp so that the oil will continuously drip into the lamp. This is a decree lest one use some of the oil in the container, [and was imposed] since [the container] is not connected to the lamp. [Taking and using the oil would] constitute [a violation of] the prohibition [against] extinguishing [a fire]. If, however, the container was joined to the lamp in an effective manner, with lime or with plaster, it is permitted. Since they are joined together, they are considered a single utensil and the person will distance himself from the container because of the Shabbat prohibitions.
2. A person may not fill a bowl with oil and place it next to a lamp and then put one end of the wick in [the bowl] so that [the wick] will draw after it the oil in the bowl, lest he make use of the oil in [the bowl].
3. It is forbidden to place a container, on Shabbos, beneath an (oil) candle to catch the dripping oil, because one is revoking the use of the Keli. However, it is permitted to place it there before Shabbos. One may not use the dripping oil on Shabbos. RAMA: It is forbidden to touch a lit (oil) candle when it is hanging, even though one does not move it – and there is no issur of Muktze just by touching, nevertheless it is forbidden lest it moves slightly and (will cause the flame to) tilt.
4. One may place a container beneath an (oil) lamp to catch the sparks, since they lack any substance, hence the use of the Keli is not revoked. However, water may not be placed inside the container, even before Shabbos, because one causes the sparks to extinguish prematurely. Nevertheless it is permitted to put water inside an oil lamp that one lights before Shabbos, because one’s intention is not to extinguish the flame rather to raise the oil. RAMA Some authorities say that even if one’s intention is to extinguish the flame it is permitted since the water is not directly beneath the flame, as it is beneath the oil, and is therefore only causing the flame to be extinguished indirectly, and so is the custom. (Sma"g)
Siman 266
1. The Laws Pertaining to a Person Who Was in the Midst of a Journey when Night Fell [on Friday], 13 Seifim: [The following rules apply when] a person who is carrying money is traveling on a journey and Shabbos is about to commence, if he has his donkey with him and he is also accompanied by a non-Jew he should not place his purse on the donkey, because he is commanded to have it (the donkey) rest on Shabbos. Instead, he should give it to the non-Jew to carry for him on Shabbos, and he takes it back from him at the conclusion of Shabbat. And even if he did not pay him a wage for this, and even though he gave it to him at nightfall, it is permitted. However, if he found an ownerless article, he cannot give it to the non-Jew even while it is still day, because this is like his purse.
2. If he is not accompanied by a non-Jew he should place his purse on his donkey. In order that he not violate the commandment to have his animal rest on Shabbos, he should place it on [the donkey] after it lifts its foreleg and hind leg to walk. This is not considered Akirah (uprooting or transferring). When it is standing, grab hold of the right, and remove the purse. After it lifts up its foreleg and hind leg to walk again, he should [once more] place [the article] on it. There are those who say that it is necessary to be careful regarding walking by a loud voice each time the purse is on it. RAMA: He may not ride on the donkey; rather he should walk. If he must go out from the techum because of fear of robbers or other danger, and even if he is within the techum, he can sit on the donkey and ride (Rivash; Beis Yosef in the name of the Tashbatz)
3. If he has a donkey with him, and a deaf-mute, a mentally incompetent person and a minor, he should place it on the donkey and he should not give it to any of these (people).
4. If he had with him a deaf-mute and a mentally incompetent person, he should give it to the mentally incompetent person, because he has no da'at at all.
5. If he has a mentally incompetent person and a minor with him, he should give it to the mentally incompetent person, because the minor will come to wisdom/understanding. A deaf-mute and a minor - he can give it to whomever he wants.
6. There are those who say that when he gives it to one of these people, he should let him have it when he is walking and take it back from him when he is standing. RAMA: And specifically when he gives it to them close to nightfall. However, when he gives it to them while it is still day it is permissible in every case.
7. If the person is not accompanied by any one of the above, [our Sages] granted a person license on Shabbos to carry his purse or an ownerless object that he acquired by carrying it] less than four cubits at a time (i.e., from the commencement of Shabbos, he should not carry it continuously for four cubits at a time). If he did not acquire it (he may) not (do this).
8. There are those who say specifically this applies to one traveling on the road and he thought that there was still enough time left in the day [for him] to reach the city [before Shabbos arrived. However, one who leaves his house close to nightfall and forgets and leaves the reshus harabim, none of these leniencies are permitted to him.
9. When he reaches the outermost courtyard of the city which is guarded, he should remove the articles that are permitted to be moved on Shabbos from [the animal]. And those not permitted to be moved, [the owner] should release the saddle straps to which the sacks are bound and allow the sacks to fall on their own accord. If [the animal was carrying a] burden of glass utensils, which are forbidden to move - for example the cups of bloodletters which are not fit to be used on Shabbos at all because they are loathsome - and if they fell to the ground they would break, he should bring cushions and bedding and place them below [the sacks]. If, however, the sacks are large and thus it is impossible to remove the cushions from beneath them, it is forbidden to place cushions beneath the sacks because he negates the possibility of using the article [i.e., the cushions, on Shabbos]. Instead, he should gently release [the sacks] from the donkey, so that they will not break. One may not leave [the burden] on the animal until Saturday night, because of the suffering this will cause the animal, [which is a Scriptural prohibition].
10. If one forgets while he is on the road and his tefillin is on his head, or if he sat in the Beis HaMidrash in the field and he forgot, he should put his hand on them until he gets to his house. If there is a house close to the wall [of the town] where they would be protected, he should remove them and put them in a safe place there, rather than continue to his house wearing them.
11. Similarly, when a person was carrying a burden on his shoulders and Shabbos commenced he may run while carrying it, [even in the public domain] until he reaches the entrance to his house. He may run, specifically. But he may not walk slowly. What is the reason? By walking he will not have a conspicuous reminder that it is Shabbat lest he come to perform the acts of lifting and placing by stopping to rest on his way home. But running, this will be a conspicuous reminder. When he reaches his home, it is impossible that he will not stop and stand a bit, and at that point, he will have performed the prohibited labor of carrying the package from the public domain into the private domain of his house. Rather, he throws it down in an unusual manner. [Since he did not perform the action in the typical manner, it is not prohibited by Torah law. See Shabbat 153b].
12. There are those who say that specifically with a bundle (or package) one may do this, but not with his purse. And there are those who say that this is the law for the purse as well. RAMA: One who forgot his purse on his person during Shabbat, if he is in his house he may walk with it into a room to loosen his belt and it will fall so as to be hidden. If he is in the market, it is forbidden to bring it into his house. He should only loosen his belt in the shuk and it will fall; and he says to a non-Jew to guard it and if he brings it we do not worry about it (Agudah Masechet Beitzah; Beis Yosef) And see later Siman 310 what the law is if the purse is sewn into his clothes.
13. If he finds a wallet on Shabbos it is forbidden to move it, even though he fears that another person may [take it] before him.
Siman 267
1. The Laws Pertaining to Prayer on Friday, 3 Seifim: Tachanun is not said during Minchah on Erev Shabbat.
2. It is customary to recite the Evening Service earlier than on weekdays. During Plag HaMinchah one may light and accept Shabbat in Ma'ariv, and one may eat immediately. (See Siman 253 regarding how we measure the time for Plag HaMinchah).
3. One should not conclude the blessing Hashkiveinu with the words Shomer amo Yisrael, “the Guardian of His people Israel,” [as he does during the week]. Instead, when he reaches the phrase uvetzeil kenafecha tastireinu (“shelter us under the shade of Your wings”), he should say “ufros aleinu sukkas…. Baruch Atah A-donai haporeis… (“spread over us the shelter…. Blessed are You, G‑d, Who spreads….”).
Siman 268
1. The Laws Governing One Who Errs in the Shabbos Prayers, 13 Seifim: We say Vayechulu during Ma'ariv.
2. If one errs and begins to say the weekday prayer (Amidah), one finishes that blessing wherein he realized he erred and then begins the Shabbat prayer. It does not matter if he remembers in the blessing 'Atah Chonen' or if he remembers in one of the other blessings, whether in the Evening Prayer or the Morning prayer, Musaf or Minchah. There are those who say that in Musaf, one pauses even in the middle of the blessing.
3. If one is certain that it is a weekday and he begins the weekday amidah, and immediately when he says the first letter he realizes, before he says 'Chonen' that he is saying the weekday prayer, he finishes that prayer. However, if he knew that it is Shabbat and without the appropriate intention begins the word 'atah', even if he is in the morning prayer where we do not open with 'atah', he does not finish the blessing 'atah chonen' because it is considered as an error in the prayer of Shabbat, whether this or that. RAMA: Because he can say 'atah kidashta' or 'atah echad' (Terumat Hadeshen Siman 14).
4. He who prays the weekday prayer on Shabbat and does not go back and say the Shabbat prayer, has not fulfilled his oligation, and if he is reminded and mentions 'shel shabbat' during the Shmoneh Esrei, even though he did not designate a separate blessing for Shabbos, he fulfills his obligation. RAMA: In Musaf, even though he only says 'ונעשה לפניך את חובותינו' during the tamid offerings of the day and the sacrifice of Musaf, he has fulfilled his obligation. (Beis Yosef Siman 286 in the name of the Rosh, perek Mi Shemetu)
5. If one errs and prays the weekday prayer during Shabbat and does not mention Shabbat, if he left the place where he stood in prayer he goes back to the beginning, and if he did not leave his place, even if he finished his prayer, he must return only to the beginning of the blessing for Shabbos (and regarding the Chazan that forgets the blessing for Shabbat in the morning prayer, see above Siman 126).
6. If one errs in the amidah of Shabbat and recites one in the midst of the other, he does not return (to the beginning). And there are those who say that if he recited the amidah for Musaf or another prayer during Musaf he goes back.
7. We go back to say 'Vayechulu' when Yom Tov falls on Shabbat because we do not say it in the amidah, and also one who does not know how to recite it may fulfill his obligation [by listening to its recitation], and he says it loud while standing.
8. And the chazan says one blessing from the seven, and one praying alone does not say it. RAMA: Meaning? If one praying alone wants to be stringent on himself one may say it without an opening and closing (blessing) and such is our custom for the congregation to say it with the chazan without an opening or closing (Avudraham and Kol Bo).
9. When Yom Tov falls on Shabbat we do not mention Yom Tov in the seven blessings (meaning, in the blessings kel elyon and koneh, etc.)
10. We do not say one blessing that encapsulates the seven [blessings of the Shemoneh Esreh] in the house of newlyweds or mourners because there is not a reason for others to come and to [potentially] be injured [on the way to come to a mitzvah] [See Pesachim 8a].
11. During the Shabbat after Yom Tov we say the one blessing that encapsulates the seven.
12. One must not talk when 'Vayechulu' is being said nor when the chazan says the one blessing that encapsulates the seven.
13. If one prays the weekday amidah and does not mention Shabbat, or if one does not pray at all and hears from the chazan the one blessing that encapsulates the seven from the beginning to the end, he has fulfilled his obligation.
Siman 269
It is the custom to recite Kiddush in the synagogue. The one who recites should not taste the wine of Kiddush but gives it to a minor to taste because Kiddush should be recited only at the place where the meal is eaten. From the outset this was ordained only for the sake of [communal] guests who eat and drink in the synagogue, so that they may fulfill their obligation. And today, even though [communal] guests do not eat and drink in the synagogue, the ordinance is not void. That is the reason of those places who still recite Kiddush in the synagogue. But it is better to ordain NOT to recite Kiddush in the synagogue, and such is the custom in the Land of Israel.
Gloss by Rema: It is the custom to stand when reciting Kiddush in the synagogue
Siman 270
1. It is our custom to say the chapter במה מדליקין (from the Mishnah). The Sefaradim say it before Ma'ariv and this is the correct way.
2. There are those who do not say it on Yom Tov that falls on Erev Shabbat and there are those who do not say it on Shabbat of Chanukah. RAMA: We do not act this way during Chanukah. On Shabbat Chol HaMoed we do not say it (customs). And also on Yom Tov that falls on Shabbat we do not say it (Mahari"l, Hilchos Sukkah)
Siman 271
1. When he arrives at his home, he should hurry to eat the meal immediately.
2. Women are obligated in Kiddush, even though it is a positive commandment that time causes (meaning, a positive commandment dependent on time), because Remember is compared to Guard. And these women, since they are included in watching, they are include in remembering. And they can discharge men (from their obligation) since they are obligated biblically, like them.
3. If he has not the means (finances) at hand to purchase wine for Kiddush and to prepare the needs of the meal for both the meal at night, the meal on Shabbat day and Kiddush for Shabbat day, it is better to purchase wine for the night Kiddush rather than to purchase needs for meals or wine for Kiddush on Shabbat day. For as it is taught: "The honor of the day precedes the honor of the night, this is only with regards to other needs of the meal. However if he does not have more than one cup for Kiddush, then the honor of the night is prioritized over the honor of the day.
4. It is forbidden to taste anything before one makes Kiddush [at night], even water. And even if one began eating while it was still day, he needs to stop eating, spread out a tablecloth [to set up the meal] and make Kiddush. And if they were drinking wine first, they only need to say the Bracha of Kiddush and not a Bracha on the wine. Afterward they will make a Bracha on the bread. And if he does not have wine, he can make Kiddush on bread, he need not make a Bracha on bread [because he has already been part of a meal where bread was eaten]. There are those who say that even if he makes a Bracha on wine, he also need not make a Bracha on the bread.
5. Two people who were drinking and then said "Come, let us make Kiddush", they are forbidden from drinking more until they make Kiddush. If they want to return and drink before they make Kiddush, even if they are required, need to again make the Bracha on the wine and then they can drink. RAMA: A person who forgot to make Kiddush and realized only after he make the Bracha on the bread, and yet remembered before he ate; should make Kiddush on the bread and then eat it. But, if it was Havdalah, he should first eat the bread - for we do not make Havdalah on bread. (Hagahos Alfasi; Mordechai).
6. If one is finished his meal and Shabbat begins before he says Birkat Hamazon, he should say Birkat Hamazon on a first cup and afterwards say the Shabbat Kiddush on a second cup. One must mention Shabbat during Birkat Hamazon even though he says it prior to Kiddush. RAMA: There are those who say that we do not mention Shabbat because we go after the beginning of the meal, and this is the primary opinion as is brought at the end of Siman 188. And there is a disagreement if we taste from the cup of Birkat Hamazon before we say Kiddush and if we need to eat a little bit after the Kiddush so that the Kiddush will be at the place of the meal. There are those who say that even after one finishes the meal, he does not initially say Birkat Hamazon. Rather, he spreads out a tablecloth, makes Kiddush, says Hamotzi and eats a little, and then afterwards he says Birkat Hamazon. RAMA: And such is our custom, in order to remove ourselves from the disagreements arising from the first opinion.
7. Even though it is forbidden to taste before kiddush, if he does taste he still makes kiddush.
8. If one did not make Kiddush at night - whether it was unintentional or intentional, he must make up for it the next day. RAMA: And he should say all of the text of Kiddush of the night (Beis Yosef) except for "Vayechulu" (Orach Chayim in the name of Tosefos)
9. There needs to be a tablecloth on the table underneath the bread and another cloth spread out on top of the bread.
10. One should make Kiddush on a full cup of wine that is not blemished, and to require all that us required for a cup for Birkat Hamazon, and to say 'Vayechulu' while standing and afterwards one says 'boreh pri hagafen' and afterwards one says kiddush. RAMA: One may stand during the time of Kiddush but it is better to sit (Kol Bo). Our custom is to sit even while saying 'Vayechulu', except when we begin we stand a bit to honor Hashem, because we begin 'Yom Hashishi, Vayechulu Hashamayim' and it hints to Hashem in the first letters of this phrase. When one begins he should look at the candles (Mahar"il; Sechel Tov) during kiddush with the cup of blessing. And so it seems to me, see above Siman 183 Seif 4.
11. If he only has one cup, he uses it at night for kiddush and does not taste from it so he will not blemish it. Rather he pours it into another cup and tastes the kiddush wine from the second cup. The next day, he blesses over what remains in the first cup. If one has but an exact reviis of undiluted wine and he decreased from it at night, he blends it with water to make the reviis. This is specifically if he has another cup for Havdalah. For if he has this, it is best that he uses it for Havdalah, for he cannot say it over the bread that he said kiddush over, and he does not have wine for Havdalah. If he has two cups after diluting with water he makes kiddush with one at night and makes havdalah over the second and he does not make kiddush during the day, because the kiddush at night is preferable.
12. After he blesses over the cup, one washes his hands and says 'Al Netilat Yadayim'. If he washed his hands prior to Kiddush, he has revealed that bread is beloved to him, and he does not make kiddush over the wine, rather over the bread. RAMA: There are those who say that initially, one should wash his hands before kiddush and then make kiddush over wine (the Rosh; Mordechai; Rashba; Hagahos Maimoni; Tur) and such is the simple custom in our lands and it is not to be changed except on Pesach night, as explained in Siman 473
13. One must drink a cheekful from the Kiddush cup, i.e. if one moves all the wine to one side of their mouth and their cheek appears full, and this is the majority of a Revi'it.
14. If the one who makes kiddush does not taste the wine, and another person who is dining there tastes the wine with a mouthful, he has fulfilled his obligation. Two people cannot combine to equal a mouthful. In all cases it is preferable for the mitzvah if everyone tastes the wine. There are those who say that if everyone tastes a mouthful they have fulfilled their obligation, because everyone's drinking combines to equal the measurement. The Gaonim hold that if the person making kiddush does not taste the wine he has not fulfilled his obligation and it is appropriate to concern ourselves over their words. Specifically regarding kiddush; but regarding other things that require a cup the Gaonim acknowledge that it is sufficient for another to taste it.
15. If one makes kiddush and before he tastes it he pauses to talk, he must go back and say 'boreh pri hagafen' but is not required to go back and say kiddush. This is the law if the cup spills prior to tasting from it. One brings another cup and says 'boreh pri hagafen' over it and he does not have to go back and say kiddush.
16. The others dining should not taste [their wine] before the one who recites Kiddush tastes [his wine] if they need [the wine] in his cup to be poured into their empty or blemished cups. If, however, they have unblemished cups of wine, they may partake of the wine before the one who recited Kiddush drinks.
17. One does not need to pour from the cup of the one who makes kiddush into the cups in front of the other diners unless they are blemished. For then one must pour into each and every cup so everyone can drink from a cup that is unblemished.
Siman 272
The Wine Over Which Kiddush Is Recited, 10 Seifim: 1. Wine with an unpleasant fragrance may not be used for Kiddush even though its smell and taste is like wine, nor on uncovered wine, in the present era, we are not careful about [eating or drinking food and beverages that] were left uncovered. RAMA: We do not make kiddush over wine who's fragrance is like wine but who's taste is like vinegar. (Tur)
2. [Unfermented] wine [directly] from the wine press may be used for Kiddush. [Indeed,] a person may squeeze a cluster of grapes and recite Kiddush over [its juice].
3. Kiddush may be recited over wine from the top of the barrel even though there are white flecks in it. RAMA: And there are those who forbid this; rather we filter it initially to remove the flecks (Hagahos Mordechai; Beis Yosef in the name of Orach Chayim; Tosefos). Kiddush may be recited over wine from the bottom of the barrel even though it has dregs. [so, too,] over black wine, and over sweet wine. So too on wine whose smell is like vinegar but whose taste is like wine. Even though [such wines are acceptable,] the optimal manner of fulfilling the mitzvah is to choose superior wine over which to recite Kiddush.
4. Kiddush may be recited over white wine, but the Ramban disqualifies it, even after the fact. But we may recite havdalah on it. The custom of the world is like the first opinion.
5. Undiluted wine, even if it is so strong that it is fit to be diluted to the extent that three parts of water are added to one part of wine may be used for Kiddush. Nevertheless, it is preferable to dilute it, provided it is blended in the appropriate manner. RAMA: Our wines are not so strong and they are preferably drunk without dilution. (Tur)
6. Kiddush may be recited over raisin wine (provided some moisture can be squeezed from them before they are steeped in water) (Tur).
7. Kiddush may be recited over wine made by steeping grape dregs and pits in water if it is fit to recite the blessing Borei pri hagafen over it (And see above Siman 204 Seif 5).
8. We say Kiddush over cooked wine and over wine that has honey in it. There are those who so we do not say Kiddush over them. RAMA: The custom is to make Kiddush over them even if one has other wine, but it is not as good as the cooked wine or wine with honey. (Agur)
9. Wherever wine is uncommon, there are those who say we may say Kiddush over liquor and other beverages, except for water. And there are those who say we cannot say Kiddush over these. According to the Rosh, on Friday night, one should say Kiddush over bread and not liquor; and on Saturday, it is better to say Kiddush over liquor, so that they will bless "SheHaKol" before "HaMotzi", because if one said Kiddush over bread initialy, there would be no change here (from the Friday night blessing), and these are the reasons. RAMA: And the simple custom is according to the words of the Rosh. And if there is wine in the town, one should not say Kiddush over bread. And someone who doesn't drink wine on account of a vow, they should bless over the wine and the others sitting with them should drink; but if there are not others with them, they should say Kiddush over bread and not wine; or that person can listen to others say Kiddush (and answer Amen). (Hagahos Maimoni; Teshuvos Maimoni).
10. The blessing of the wine during Kiddush exempts wine (from a blessing) during the meal. We do not require a blessing after it because Birkat Hamazon exempts it, whether it is over a cup or not. (And see above Siman 174 Seif 6).
Siman 273
That Kiddush Be Recited in the Place of the Meal, 7 Seifim:1. Kiddush [is valid] only [if recited] in the place of the meal (see Pesachim 101a) and in one house. [Changing one’s place] from one corner to another corner [in] the same [room of] a house [is not significant. If one recites Kiddush in one corner with the intent of eating there and then changes his mind [and decides] to eat in another corner of the same room in that house, even in a large hall, he need not recite Kiddush again. RAMA: From the house to the sukkah is significant, like changing from one corner to another (Mordechai). There are those who say that anyone who sees his place - even from a house to a yard - does not need to return and say kiddush again. And there are those who say that it is also reasonable if one says kiddush in one place with the intention to eat in another place. (And see the beginning of Siman 178 above). This is so if both places are in one house, for example from room to room or from a rooftop to the ground (and such is the essence).
2. If one makes kiddush in one house over a dish eaten there, and afterwards goes to eat in another place, must return and say kiddush in the place where he wants to eat.
3. If one makes kiddush but does not eat a meal (afterwards), even regarding kiddush he has not fulfilled his obligation. RAMA: One must eat in the place one makes kiddush. However anyway, even if one eats in the place that kiddush was recited, one has not fulfilled (one's obligation). (Mahar"i) If it was his intention to not eat there immediately, and then he went and ate, he has fulfilled his obligation. (Beis Yosef, end of the Siman).
4. One may make kiddush for others even if he does not eat with them. [There is no difficulty that] Kiddush is not being recited in the place of the meal. And even though, regarding the blessing over the wine, others cannot fulfill their obligation through him if he does not receive benefit with them. How so? The blessing Borei pri hagafen of Kiddush – whether of the night or of the day – and the blessing HaMotzi when one recites Kiddush on bread do not resemble other birchos hanehenin, since they are obligations. RAMA: Even regarding the kiddush of the day of Shabbat it is permitted to do this (Rabbeinu Yerucham; Beis Yosef in the name of the Rif; the Rosh; Tur).And this is if they do not know. If one still does not make kiddush for oneself he must be careful not to taste it with them, because it is forbidden for him to taste until he makes kiddush in the place where he has his meal.
5. The Geonim wrote that this - that Kiddush may be recited only in the place of one’s meal, even if one ate something small or drank a cup of wine that required a blessing over it, has fulfilled his obligation regarding kiddush at the place of the meal, and finishes one's meal in another place; and specifically if one ate bread or drank wine. But if one ate fruits, no (he does not fulfill his obligation). RAMA: Because of this, it was permissible for a mohel and a sandak to drink from the cup of the bris on Shabbat in the morning if they drank a shiur [Beis Yosef]. But it is the custom to give it to the baby [Hagahos Maimoni Chapter 29]
6. If one makes kiddush in his house and hears his neighbor (making kiddush), and a table is set out before him, he has fulfilled his obligation through him, because this is the place of his meal. This is provided the person reciting Kiddush has in mind to fulfill [his neighbor’s] obligation [with his recitation] and the neighbor has in mind to fulfill [his obligation] by listening.
7. There are those who say we do not say kiddush except by the light of the candle. And there are those who say that the kiddush does not depend on the candle. If he derives pleasure from it from the yard and eats there, even though he does not see the candle, the candles are for the enjoyment (of Shabbat) and not for troubles, and this is the opposite.
Siman 274
The Laws Pertaining to Breaking Bread on Shabbos, 4 Seifim: 1. Every person is obligated to break bread on two [whole] loaves. One holds them both in his hands and breaks the bottom one. RAMA: Specifically on the night of Shabbat. However on Shabbat day, or on the night of Yom Tov, we break the top one [Kol Bo; Hagahos Maimoni] and the reason is according to the Kabbalah.
2. It is a mitzvah on Shabbat to break a big piece that will last you through the whole meal [and see above Siman 167].
3. Those participating in the meal may not partake [of the bread] until the person breaking bread [first] partakes [of the bread that he cuts]. If, however, two loaves are placed before each one of them, they may partake of their bread even though he has not yet partaken of his.
4. This meal, and the meal of the daytime, cannot be done without bread.
Siman 275
The Tasks Forbidden to Be Performed on Shabbos by the Glow of the [Shabbos] Lights, 12 Seifim: 1. One does not search [a garment] (The meaning [of "Pulin" is] to remove lice from clothing. The [Aramaic] translation of "biarti"is "paliti"[, coming from the same root as "Pulin"].) and one does not read in a book by the light of a candle, and even if he is not reading aloud, lest one tilts [the flame to make it more steady]. And [this applies] even he is ten stories high, where he cannot reach it [the candle], as the rabbis did not differentiate [between varying situations] in this matter. And for this reason, there is [room to extend this prohibition] even if the flame is enclosed in crystal, or set in an opening in a wall. And this applies to a wax candle as well.
2. Specifically, this prohibition was only issued with regard to an individual [reading] alone. Two people, by contrast, may read together because if one will attempt to tilt the lamp, the other person will remind him. [This leniency applies] only when they are reading the same subject matter; then, one pays attention to what the other is doing. But if they are reading two diffferent subject matters, no. RAMA: There are those who say that when they are reading from two different books, even if it the same subject, it is forbidden. [Beis Yosef]. And therefore it is forbidden to say piyutim in the synagogue at night on Yom Tov that falls on Shabbat, and this is our custom. [Mordechai; סה"ת; Sma"g; ]
3. If there is someone else with him, even if that person is not reading, and he says to him 'give me your attention so that I will not tilt (the candle) it is permitted. This is also the law if one says this to his wife.
4. Regarding an important man, who does not have the habit of tilting the candle on weekdays, it is permitted for him in all instances (to read by candlelight on Shabbat).
5. Even ten people may not read together by the light of a [large] fire, because they may sit far from each other and since the smoking stubs of the firebrands are close to them, one can easily and quickly use them to stoke the fire before another person will notice what he [is doing].
6. Schoolchildren may read by the light of a lamp even because of their [constant] dread of their teacher.
7. One may read 'BaMeh Madlikin' by candlelight, because this is a reminder of what is forbidden on Shabbat and one will not forget.
8. It is customary to read from the machzor on the night of Yom Kippur because the dread of Yom Kippur is upon them.
9. One may read the Haggadah from a book when the night of Passover falls on Shabbat because even an unlearned person is [at least somewhat] familiar with a portion of it, and thus only needs to look into the book from time to time, so he will not come to say it by heart.
10. A teacher may use the light of a lamp to determine the place where the children [studying with him] should read aloud and he may also use the light of a lamp to look in a book so as to prepare the beginnings of the passages that he will recite, reciting the remainder by heart to assist the children. [The above leniency applies] not only to [reading] the beginning of the passages. [Instead,] whenever one knows part of a passage by heart, but must look in a book for another part, even in the midst of the [same] passage, it is permitted [for him to do so]. Since he is not looking in the book at all times, there is a distinguishing factor, and he will not forget and tilt [the lamp].
11. It is forbidden to use the light of a lamp to check articles that are [very] similar and meticulous scrutiny is required to differentiate between them. It is even forbidden to differentiate between one’s own clothes and those of his wife if they resemble each other.
12. A butler who is not employed on a regular basis is forbidden to check glasses and plates that are similar by the light of a lamp in order to differentiate between them, because he does not recognize which light is greater between a lamp of olive oil and a lamp of crude oil or kerosene [meaning a type of white tar or pitch with a bad smell]. RAMA: There are those that permit this regarding crude oil and a butler not employed on a regular basis [Tur; Beis Yosef in the name of the Poskim].By contrast, a butler employed on a regular basis does not have to look carefully to differentiate between them because he recognizes them. If it was a lamp of olive oil he is not prevented from doing so. Even though he is permitted to do so, the Sages enacted a gezeirah because he might take (from the fuel). RAMA: It is our custom to cover the children so that they will not be naked in front of the [Shabbos] lights, because this is denigrating to the mitzvah, and so writes the Rokeach.
Siman 276
1. The Law when a Non-Jew lights a candle on Shabbos, having 5 Seifim: If a Gentile lit a candle for a Jew, it is forbidden for everyone, even for people it was not intended for. RAMA: It is immaterial whether a price was prearranged with him i.e. whether he was hired per lighting or per day, or was not hired, for since the Jew is benefiting from the Melacha (forbidden work) itself, it is forbidden under all circumstances. [Ha'gahos Ashiri, Beis Yosef in the name of the Smag] However, if a Gentile lit for his own use or for a Jew who is ill, even if he is not life endangered, RAMA: or for the sake of children, who have a status of an ill person not endangered [Mordechai] , every Jew may make use of the candlelight. The same applies when a Gentile makes a bonfire for himself or for someone who is sick. Yet there are those that prohibit benefiting from a bonfire lest the Gentile add (to the fire) for him. RAMA: Nevertheless if a Gentile did it in a Jew’s house on his own accord, the Jew does not need to leave his house, even though he is benefiting from the candle or fire. [Tur]
2. When a Gentile lights a candle at an assembly of Jews and gentiles; if the majority present are gentiles one may benefit from the light of the candle, but if the majority present are Jews or even half-half, it is forbidden. If it is obvious that he lit it for a Gentile, for example – we see that the Gentile himself uses the light, even if a majority of Jews are present, it is permitted. RAMA: Some authorities hold that it is permitted to ask a Gentile to light a candle in order to eat the Shabbos meal, as they hold that it is permitted to tell a Gentile to perform even a Melacha de’Oraissa (i.e. work prohibited from the Torah itself) for the sake of a mitzvah, [R"an in the name of the Itur] and accordingly many are accustomed to instruct a Gentile to light candles for a meal, especially for a wedding or circumcision meal, and nobody reprimands them. One should be stringent when not extremely necessary because most Poskim (religious decisors) disagree with this rule, see Siman 306.
3. If one instructed a servant or maidservant to accompany him and they lit a candle to light the way, even though they also need it, it is not considered as being lit for their benefit since ultimately they are going along for the Jew. RAMA: It is permitted to tell a Gentile to accompany oneself with an already lit candle, because all that is being done is carrying the candle. (Rabbeinu Yerucham; Ha'Gahos Mordechai).
4. If there is a lit candle in a Jew’s house and a Gentile comes and lights another one, it is permitted to make use of its light as long as the first candle is burning, but after the first candle has gone out, it is forbidden to make use of the second candle. Also, if he added oil to an already burning lamp, it is permitted to make use of the light until the original oil has depleted, after that it is forbidden. RAMA: It is permitted to reproach a Gentile who is about to light a candle or add oil. (Tur)
5. It is permitted for a Gentile to make a fire in cold countries for children, and adults are permitted to warm themselves thereby. It is even permitted to make a fire for adults when it is extremely cold, as everyone is at risk of catching a cold. Unlike those that are accustomed to permit (lighting a fire) even when it is not an extremely cold day.
Siman 277
[Safeguards] to Prevent the [Shabbos] Lights from Being Extinguished, 5 Seifim: 1. If a candle is placed behind a door, it is forbidden to open the door (in the regular manner) (Rambam, Perek 5; Mordechai Perek 22; Beis Yosef in the name of the Smag) lest the wind will blow it out, however it is permitted to shut the door. (This is the law regarding a window that is next to a candle on a table). If it is fixed to the wall behind the door, it is forbidden to open and shut the door in the regular manner, lest the door will knock it and extinguish it, rather one should open and shut the door gently. If it is fixed to the door itself, and by opening and shutting the door the oil is moved nearer or farther from the wick, it is forbidden to open and shut the door. RAMA: As for a wax candle, it is permitted to open and shut the door, even though it is fixed to the door. (Beis Yosef)
2. It is forbidden to open a door opposite a fire that it is near the door; even if only a calm wind is blowing. However, it is permitted to shut it if it was open opposite the fire, and is not considered Mechabeh (Extinguishing).
3. If one forgot a candle on a board, one may tilt the board and the candle will drop – even if it is alight, as long as one does not intend to extinguish it. RAMA: It is preferable to use a gentile when it is not really necessary. (Kol Bo)This is as long as it is a wax candle or similar, or the oil is finished, but if it has oil inside it is not possible that the oil will not move closer to the wick, thereby doing Hav’ara (Causing a flame to burn). If it was purposely placed there, it is forbidden to tilt because the board is a Basis (something that upholds another article. The translation of kano (the leg) is the Basis of an article which is Muktze). RAMA: nevertheless, it is permitted to touch the board because one is not moving the candle. Likewise it is permitted to touch the candelabra in shul with the candles burning on it, as long as it is not moved. (Mordechai, Perek 22)
4. [On Friday,] while it is still day, one may place a Shabbos lamp on a tree with the intent that it burn there during Shabbos because there is not.....thus making use of [a tree] while it is rooted in the ground. One may not, by contrast, place a burning lamp on a tree for [use on] a festival even while it is still day [before the onset of the festival]. This is because it is making use of [a tree] on a festival while it is rooted in the ground.
5. It is permitted to place an overturned earthenware bowl above a lamp on Shabbat so that the flame will not catch on a [wooden] beam [located above the lamp].
Siman 278
1. It is permitted to extinguish a candle to enable a sick person at risk to fall asleep.
Siman 279
1. The Laws Governing Carrying a Lamp on Shabbat, 7 Seifim: It is forbidden to move a candle that was lit that Shabbos even after it has gone out. The leftover oil in a candle that was lit on that Shabbos is forbidden to move or use that Shabbos as well.
2. The candle, which was mentioned as being forbidden to move, is forbidden even when it is needed or its place, and although there is an authority that permitted it, his opinion is not accepted. RAMA: Some say that one who is finicky and the lamp disgusts him is permitted to remove it, for it is in his eyes as a night pan. One who is stringent does not lose out. (Mordechai, beginning of Beitzah).
3. It is still forbidden to carry a candle by placing some bread that is permitted to be moved on the lamp while it is still day [on Friday]. There are those who permit to carry it on Shabbat via carrying bread and one should not rely on this.
4. If while it was still day [on Friday], the person stipulated that he may move this lamp on Shabbos after it burns out, he is permitted to move it after it burns out. RAMA: There are those who say that this stipulation is of no avail, and this is our custom in these countries. The law of the stipulation is found below Siman 638. (Hagahos Ashiri; the R"iy; Kol Bo). It is customary to have a lamp carried by non-Jews and there is no issur of telling a non-Jew (to do something forbidden on the Shabbat), and the custom is such that it is as if he stipulated such from the beginning, and this is permissible as explained above.
5. A lamp that was lit on Shabbat for a woman in childbirth or a person who is dangerously ill, and the woman gave birth and the person got better, it is permitted to carry it if it is extinguished. This is the law as well for one who lights on Shabbat accidentally and it is extinguished - it is permitted to carry it.
6. A lamp that was not kindled on a given Shabbos – even if it is made of earthenware and thus became repulsive after it had been kindled once and even if it was kindled with kerosene, in which instance it is foul-smelling – is permitted to be moved on Shabbos for a permitted purpose or for the sake of its place. It is not considered as muktzeh because it is repulsive.
7. A lamp – whether large or small – that is assembled from different component parts is forbidden to be moved. We are concerned that it might fall and break into its component parts, and that the person will reassemble it and tighten the parts together (causing him to be liable for performing the forbidden labor of building). Even if a lamp is not assembled from different component parts, but it has grooves around it and thus resembles one assembled from different component parts, it is forbidden to move it.
Siman 280
1. The Laws Pertaining to Marital Intimacy on Shabbat, 2 Seifim: Marital intimacy is one of the expressions of Shabbos pleasure. Accordingly, [our Sages] determined that healthy Torah scholars, who are obligated to fulfill their conjugal duties once a week, should do so each Friday night.
2. It is permitted to engage in marital intimacy with a virgin for the first time on Shabbos. There is no prohibition because of causing pain or damage on Shabbos as a result of her initial intimate experience.
Siman 281
1. When one reaches the words “to You, we give thanks,” in [the prayer] Nishmas, he should not bow as one does in the blessing Modim, for one should bow only in those places where our Sages instructed that we do so. RAMA: Our custom is that on Shabbat we come a bit later to the synagogue than we usually do on the weekdays, because the tamid sacrifice of the weekdays was said in the morning and on Shabbos we say "and on the Sabbath day" later. (Mordechai). And it is customary to increase the hymns of praise recited on Shabbos, every place according to its custom. In any case, if one does not say them we do not go back except if one did not say 'לאל אשר שבת'; for this one does go back and say it. It is befitting to prolong the hymns of praise recited on Shabbos and recite them with a pleasant melody as an expression of honor for the day. One should not admonish a sheliach tzibbur who prolongs their recitation even though the intent of the one delivering the admonishment is to prevent the neglect of Torah study. (Or Zaruah). In all cases, on Shabbat and Yom Tov we do not prolong their recitation too much, so we may eat prior to the sixth hour, as above in Siman 288.
Siman 282
We bring out a Torah scroll and seven read from it. And if one wants to add [to the number of readings], one adds. Gloss: And this is the law: on a Festival, it is permitted to add to the count of readers (Rambam, The Laws of Prayer and Repentence, chapter 12; Maharam; and Beit Yosef). And there are those who say that on a Festival one may not add (Ran, chapter "Ha-Korei"). And thus (i.e. the latter) they practiced in these countries (i.e. Ashkenaz), except for on Simchat Torah when we add many. Also on every Festival, the Maftir is not [included in] the count of readers, as seen below.
It is permitted to read [the same readings for] those who are called up to the Torah multiple times, even though this one read what this [other] one has [already] read and goes back and makes a blessing - there is nothing [problematic] with this. Gloss: And there are some who forbid [this] (Mordekhai, Sof Megillah) And thus they practiced in these countries (i.e. Ashkenaz) except for on Simchat Torah they practiced to multiply the readers and practiced according to the first opinion.
3. All count towards the seven who are called up, even a woman and a child who knows who we bless, but the Sages said: A woman shall not read [the Torah] in public, out of concern for the honor of the community. RAMA: And these specifically may be include in those who read, but they may not be all women or children (who are listening) (Ra"n and Riva"sh). And a Canaanite slave is treated as a woman, but if his mother is Jewish he may go up [to read the Torah] (Hagahot Maimoniyot, Prayer and the Priestly Blessing, ch. 12). And it is prohibited to read with one's head uncovered. And there is no prohibition to call up a respected ignoramus, who is rich and powerful, before learned men; for it is not disrespectful to the learned men, rather an honor to the Torah which is honored by great men (Ohr Zaru'a). And a mamzer may go up to [read from] the Torah (Mahar"a of Prague). And see above, Siman 136, for the order of those who are called up.
4. It is customary to read 7 (aliyot) to complete the parshah. We then say Kaddish, and then go back and the maftir reads what the seventh person read. RAMA: It is our custom on Yom Tov that the maftir is not from the amount of the readers. However, during the week, when it is forbidden to add to the amount of readers, the third one is the maftir. On a day where two or three Torahs are taken out, the maftir reads the last one and a minor may read the additional parshah, or from the four parshiyot that are added in Adar, and this is our custom (R"an; Mordechai). Even though there are those who disagree, and say kaddish prior to the maftir being called up, there is no difference in this regarding adding to the amount of (aliyos) or not, or regarding taking out two or three Torahs (Beis Yosef in the name of R' Yeshayah; the Rosh; R' Yerucham).
5. If there is no one else in a synagogue who knows how to read the Haftarah from the works of the Prophets aside from one of those who already received an aliyah, [he may be called again as maftir]. When the sheliach tzibbur had already recited Kaddish after the [required] number [of aliyos] were completed, he who wants to do maftir must go back and read and make a blessing before and after the reading. RAMA: However, if he did not yet say kaddish, one of the original seven may do maftir if he knows how. And if there are others who know how to do the maftir, then one who previously had an aliyah should not do it. (Or Zarua). See above Siman 144.
6. If the sheliach tzibbur erred and completed the [weekly] Torah reading with the sixth aliyah and recited Kaddish it is not necessary to call a seventh person to the Torah in addition to the maftir. Instead, [the sheliach tzibbur] should read [some of what] he read for the sixth aliyah for the maftir. This is sufficient, since fundamentally, [the halachah follows the opinion that] the maftir may be counted among the seven [required aliyos].
7. We read the parshah in the morning prayer on Shabbat. If the sheliach tzibbur skipped even one word, and indeed, even one letter in the Shabbos morning Torah reading, he must go back and read the verse [in which] he skipped [the word or letter] together with two verses that are next to it, reciting a blessing beforehand and afterwards. If the person who received that aliyah already recited the blessing after the Torah reading – indeed, even if [the congregation] already concluded the Torah reading, and the Haftarah and the Mussaf Service were recited – the sheliach tzibbur or another person must go back, recite the three verses that include the skipped [word or letter] in this congregation together with a blessing beforehand and afterwards.
Siman 283
1. We do not take a second Torah out on Shabbat to read the maftir because it only has two pesukim [note: this means that the passage describing the Mussaf offering of Shabbos contains only two verses, and no fewer than three verses may be read from a Torah scroll]
Siman 284
1. The Laws Pertaining to the Haftarah and Its Blessings, 7 Seifim: We conclude in the Prophets based upon the subject of the parashah, and we do not decrease [the length of the haftarah] from 21 verses other than if the matter is settled in less than that, for example, “add your burnt offerings to your sacrifices” [in Jeremiah 7:21]. RAMA: And only on Shabbat on the matter of 21 verses: three verses for each one of the [seven Torah] readings, but on a Festival on which five read [the Torah], fifteen verses suffice (Maharam). And it was decreed that the haftarah is only [read] in public after they read the Torah (Ramban’s Responsa, Siman 199), but nevertheless it is forbidden to read with the blessings before it and after it; but with no blessing it is permitted (Beit Yosef).
2. If Rosh Chodesh falls on Shabbat, the maftir does not mention Rosh Chodesh at all (note: in the blessing Al haTorah). There are those who say that even though we do not mention Rosh Chodesh at the end, we remember it (mention it) within the blessing, where we say 'את יום המנוח הזה ואת יום ראש החודש הזה'. The custom is like the first opinion.
3. One must concentrate on listening to the blessings recited by those reading from the Torah and the blessings of the maftir, and respond Amen to them. [This will benefit the one who responds, since his responses] enable him to reach the required sum of 100 blessings [to be recited daily]. (On Shabbos, he is lacking the required number of blessings,29 and responding Amen to these blessings can compensate for that lack).
4. A minor may recite the haftarah. RAMA: If one who did not know how to do the haftarah was called to the maftir aliyah, another person can say the haftarah. However, initially it is forbidden to do this.
5. If the maftir lost his ability to speak in the middle of the Haftarah, the person who comes to replace him and complete [the reading] should not begin from the place where [the reader] ceased. Instead, he should begin from the place where the first began, as is done with the Torah reading. RAMA: Two people may not say the haftarah at the same time, because (of the principle) 'two people should not use the same keli'. (Rivash)
6. The maftir may not begin the haftarah until the golel (the one who wraps the Torah scroll) finishes wrapping the Torah.
7. On a Shabbat where the parshas are joined we recite the haftarah for the second parshah. RAMA: And see later Siman 428. It is our custom to remember the names of the departed after the reading of the Torah and to make the blessing 'העוסקים בצרכי צבור' (who is involved in the needs of the congregation), every place according to its custom (Shibuleit Haleket; Hagahos Mordechai). We are accustomed to saying 'Yekum Purkan' and this is not a violation of making a plea on Shabbat. We are also accustomed to saying 'Av Harachaman' and on every day where we do not say 'צדקתך צדק' we do not say 'Av Harachaman', except only when we bless the New Month during the counting of the Omer. And everyone should follow his custom regarding this.
Siman 285
1) Even though each person hears the Torah reading each week in the public reading, we are obligated to read each parasha twice in the hebrew and once in the Aramaic targum. Even the verse "Atarot v'divon" (Numbers 32:3).
2) Rashi's commentary shares the status of Targum, and those who fear Heaven will read the parashah with both Rashi's commentary AND the targum.
3) The first day of the week is considered 'with the congregation.'
4) The 'choicest' way to perform this commandment is to complete the reading before the Shabbat meal. If you missed out on the opportunity to do so, you have until Mincha. Others say until Wednesday the week afterwards; while others even say you have until Shmini Atzeret (Rem"a: Shmini Atzeret is Simchat Torah. So you are completing the Torah reading with the community).
5) You can perform shnayim mikra at the time of the public Torah reading. (And see above Siman 146)
6) Teachers do not need to repeat the Torah reading to themselves since they read it during the week to their students.
7) On festivals there is no need to perform shnayim mikra. RAMA: Similarly, there is no need to read their haftara readings (Mordechai). However, there is a prevalent custom to read haftarot on festivals. On the week of a wedding you read the regular haftara, and not 'I will surely rejoice.' (Piskei Mahar"ai)
Siman 286
The laws pertaining to the mussaf prayers on shabbat, 5 seifim:
he time for the Mussaf prayer is immediately after the prayer of dawn (Shacharit) and one may not delay it (Mussaf) past the end of the first seven hours of the day. And if one prayed it after the seven hours he is called a sinner even though he fulfilled his obligation since its time is all day. And if one forgot and did not pray past its entire time, it (Mussaf) does not have tashlumin (another prayer to make up for it). And (Mussaf) has the raising of the hands (Birkat Kohanim). RAMA: And if one prayed it before the Shacharit prayer he fulfilled his obligation. (Ohel Moed in the name of the Rashba; the R"i, perek Tefilot HaShachar)
2. Every individual is obligated to pray the mussaf prayer, regardless of whether there is a congregation in the city or not. RAMA: And afterwards, the shaliach tzibbur repeats the prayer similar to the rest of the prayers. [Beit Yosef in the name of Shibolei Leket]
3. It is permitted to eat lightly after the Morning Service before the Mussaf Service, such as partaking of fruits, or even bread, even to the extent that one sates his heart. But it is forbidden to eat a meal.
4. If the person had the option of reciting two prayer services, the Afternoon Service and the Mussaf Service, e.g., he delayed the recitation of the Mussaf Service until the time for the Afternoon Service and six and a half [seasonal] hours [after sunrise] (Tur) – arrived, he must recite the Afternoon Service first and Mussaf afterwards. RAMA: But if one begins with Mussaf he has fulfilled his obligation. [Beis Yosef in the name of the Rashba]. And there are those who say that this is specifically if he has to pray both of them right now, like in a situation where he wants to eat and it is forbidden for him to eat until he prays Minchah; in this situation he can begin with Mussaf. RAMA: This is if the time for Minchah Ketanah has arrived, he may daven Minchah during (this time). (R"il the Rosh in the name of the Yerushalmi). There are those who hold that this should not be done in a congregation, i.e. to begin Minchah before Mussaf, in order that people not err.
5. On Shabbat and Yom Tov one does not say 'Barchu' after the end Kaddish (and see above Siman 133).
Siman 287
1. Comforting Mourners and Visiting the Sick on Shabbos: We may comfort mourners on Shabbat and we may visit the sick. We do not speak to them the same way we speak to them during the week. Rather, we say to them “It is Shabbos, when it is forbidden to cry out; healing will [surely] come soon, for His mercies are abundant; rest on Shabbos in tranquility". RAMA: There are those who say that we do not have to say 'His mercies are abundant' and such is the custom. (Rambam)
Siman 288
1. Ruling of a fast and ruling of a fast for a dream on Shabbat; contains 10 subsections. It is forbidden to fast until six hours on Shabbat. Rem"a: and even for the purpose of learning or praying, it is forbidden [to fast] [Mordechai]
2. Some say that a person who is harmed by eating, such that it is their delight not to eat, should not eat. Rem"a: And so with one who finds delight in weeping, in order that their pain will leave their heart: such a person is permitted to weep on Shabbat. (Igur in the name of the Shibolei haLeket)
3. Regarding a person who fasts every day, and eating on Shabbat is painful for him because of the change in routine (explanation: a fixed thing), some say they have seen many pious and noble people who have fasted on Shabbat because of this reasoning, and they say that so acted Rabbi Yehuda heChasid.
4. It is permitted to fast the fast of a disturbing dream on Shabbat, in order that the decree of judgement may be torn up -- and they need to fast on Sunday, in order to atone for nullifying the delight of Shabbat. And if their strength is weakened and they can't fast two consecutive days, they don't have to fast on Sunday and should fast after that. Rem"a: Also, if Sunday is Chanukah or Purim or a festival, even the second day of a festival in the Diaspora, one shouldn't fast until after then. Some say, one who had a nap in the middle of the day and dreamt a bad dream should fast from noon to midnight and then make havdalah, and fast on Sunday -- it's as though that person fasted the whole day of Shabbat. (I found it written)
5. Some say that there's no justification to fast for a dream on Shabbat unless it's a dream one saw three times. And some say at this time we don't fast dream fasts on Shabbat because we aren't experts in dream interpretation and don't know which dreams are good and which are bad. And everyone says that it's found in ancient books that on three dreams we fast on Shabbat: one who sees a Sefer Torah burnt, or on Yom Kippur at neilah, or the beams of one's house, or his teeth that fall. And some say that one who sees Yom Kippur, even not at neilah, and some say one who sees that they are reading from the Torah, and some say one who sees that they have married off a woman, and he sees his teeth fall out, specifically his teeth. If, however, he sees that his jaws fell off, it is a good omen; [it is] a sign that those who offer harmful counsel against him have died. It seems to me that the dreams delineated in the paragraph that one sees that they are bad, also over them one may fast on Shabbat.
6. One who fasts on Shabbos because of a [disturbing] dream must recite the passage Aneinu without concluding [it with a blessing] after he finishes his [Shemoneh Esreh] prayers. It is also desirable to recite the passage, “Master of the worlds, it is known and revealed before You…”. RAMA: And one says after his prayer 'רבון העולמים גלוי כו' like during the week.
7. If eating earlier on Shabbos than one’s usual time during the week is a source of pleasure for a person, (e.g., his Friday evening meal has already been digested), he should eat earlier. [Conversely,] he should delay his meal if delaying [and eating] at a later time than during the week is pleasurable for him. For [him,] this is an expression of honor [for the Shabbos] that he will have a desire to eat and eats with appetite. RAMA: and likewise he who eats throughout the day like during Shabbat should change this behavior on Shabbat to eat earlier or later. (Gemara; Tur)
8. We do not fast regarding troubles that occur generally.
9. We do not yell out and we do not afflict ourselves over any troubles except troubles of the times; we cry out by mouth on Shabbat and not with a shofar. Likewise regarding a city that is surrounded by non-Jews, or a river and a boat which are torn apart at sea; And even over an individual who is persecuted or oppressed by a non-Jew; or a thief; or a bad spirit; we cry out and say supplications in our prayers on Shabbat, but we do not blow a shofar, unless we blow to gather the nation to help their brethren and to save them (and see Siman 576 Seif 3).
10. One who is bothered by a bad spirit as we said, this is not specific; for this is the law for all illness that contains a danger of the day. We cry out and say supplications. And such is our custom to say מצלאים on Shabbat over the sick who are in danger with the dangers of the day. RAMA: And therefore it is permitted to bless the ill person who is in danger during the day. (Likutei Mahar"i Berin; Beis Yosef in the name of the R"an, perek 3 of fasts).
Siman 289
1. The Sequence of the Shabbos Morning Meal, 2 Seifim: The table should be set, the couch on which one eats should be spread in an attractive manner, and a cloth spread over the bread, as was done for the night meal. One should bless the wine with Borei Pri HaGafen, which is called Kiddusha Rabbah. Afterwards, one should wash his hands (see Siman 271, Seif 12 in the Rama), breaks the two loaves of bread (Lechem Mishneh) like at night, and then feasts. This kiddush must also be in the location of the meal, and one may not taste or eat at all prior to it, like with the night time kiddush. And if one drinks water in the morning before praying, it is permitted, because the obligation of kiddush does not yet apply to him. Note (Rema): See above for all the laws of kiddush, Siman 271, 272, 273.
2. In a place where wine is not readily available, liquor and other drinks, except for water, are considered significant (Chamar Medinah), and one may recite kiddush over them. If one does not have even liquor and other drinks, one may eat without kiddush.
Siman 290
On Shabbos, One Should Complete [the Quota] of 100 Blessings [by Reciting Blessings] on Fruits, 2 Seifim: 1. One must amply partake of fruits and sweets, and enjoy various fragrances if he possesses them, in order to reach the sum of 100 blessings. RAMA: If one is accustomed to sleeping during the afternoon during the week, he should not neglect [this practice] on Shabbos, because it is pleasurable for him. (Tur)
2. After the morning meal, we establish learning, to read in Prophets and expound on Agadah. And it is forbidden to establish a meal during that time. RAMA: And workers and homeowners who do not toil in Torah during all the days of the week, should toil more in Torah on Shabbos than Torah scholars who toil in Torah all days of the week. And the Torah scholars should engross more in the enjoyment of eating and drinking, a bit, because they pleasure in their studies all days of the week. [Beis Yosef Siman 288 in the name of the Yerushalmi]
Siman 291
1. The Laws Pertaining to the Three [Shabbos] Meals, 6 Seifim: One should be very cautious to have a third meal, and even if he is satisfied he can fulfill it with about the volume of an egg. And if he cannot eat at all, he need not cause himself discomfort. And a wise person will not fill his stomach with the morning meal, so as to save room for a third meal. RAMA: And one who did not eat on Shabbat evening should eat three meals on the day of Shabbat. (the Rosh)
2. The time [of this meal] is from the time of minchah, which is from the sixth and a half hour onward. And if he does this earlier, he has not fulfilled the mitzvah of the third meal. RAMA: There are those who say that it is prohibited to drink water from Minhah until Maariv on Shabbat for that is when the souls return to Gehinom. And therefore one should not eat the third meal between Minhah and Maariv. Instead he should eat it before Minhah (Tosafot; the Rosh and Mordecai, chapter ten of Pesahim). And there are those who say that it is is preferable to pray Minhah first (Rambam, Tur, Hagahot Mordecai, Hagahot Maimoni, chapter 30 and Agur). And this is our preferred custom in all of these lands. And in any case one should not drink water from the rivers, but it is permissible in one's house. And all the more so other liquids are permissible (Hagahot Maimoni, chapter 30). And there are those who say that this is prohibited only during the twelve months after one's mother or father died (Agudah and Mordecai, chapter 10 of Pesahim). And there are those who say that this prohibition of drinking water is only on Friday eve (Tosafot, Rosh, and Mordecai in the name of R. Meshulam, and Hagahot Maimoni.)
3. If one’s morning meal is extended until the time of minchah, one should stop the meal, bless birkat hamazon, wash one's hands, say Hamotzei and then eat (the third meal). If one does not conduct himself in this manner, since the morning meal was extended this late, he will not be able to partake of the third meal except by eating uncomfortably. RAMA: However, one who knows that he is able to eat after saying Minchah with the congregation does not eat the third meal before Minchah; but if he did so, he has fulfilled his obligation.
4. It is not necessary to make kiddush during the third meal, but one must break bread over two loaves. RAMA: Even if one partakes of many meals on Shabbos, it is necessary to have two loaves for every meal (Avudraham; Maimoni). There are, however, authorities who maintain that even for the third meal, it is sufficient to have one complete loaf [Tur; Mordechai]. Accordingly, it has become widespread custom in these countries to rule leniently and to break bread for the third meal on one whole loaf. But there is what to be stringent in, to take two (loaves).
5. One must use bread. And there are those who say that one may use whatever food is made from the five types of grain (i.e. Wheat, barley, rye, oats, and spelt). And there are those who say that one may use things that go with bread, such as mean and fish, but not with fruit. There are some who say that even fruit may be used. The first opinion is the essence, that one must use bread unless he is really full. RAMA: Or in a place where it is impossible for one to eat bread, like on Erev Pesach that falls on Shabbat, where it is forbidden to eat bread after Minchah, as was brought in the laws of Pesach [Mahar"il, Laws of Pesach].
6. Women are obligated in the third meal.
Siman 292
1. The Laws Governing the Shabbos Afternoon Service, 2 Seifim: During Minchah [we say אשרי and ובא לציון and ואני תפלתי, etc] (Tur) we take out one Torah and read three aliyot totaling 10 verses from the next week's parshah. And even when Yom Tov falls on Shabbat we read the next week's parshah and not the one for Yom Tov.
2. We say צדקתך. And if (Shabbat) falls at a time where, if it were a weekday, we would not say Tachanun at Minchah time, we do not say צדקתך. RAMA: And our custom is not to establish a study session between the Afternoon Service and the Evening Service (Tur; Zohar Terumah 279), but we say Pirkei Avot in the Summer, and שיר המעלות in the winter, each place according to its own custom.
Siman 293
1. The Laws of the Evening Service on Motzei Shabbat, 3 Seifim: We draw out the Maariv prayer in order to add holiness to the regular week.
2. One must be careful not to do work until he sees three small stars that are not scattered, but rather in a row in one place [in the sky]. If it is a cloudy day, one should wait until he is no longer uncertain at all [that three stars will have appeared].
3. A person who is prevented (from reciting Havdalah), such as one needs to go beyond the techum to perform a mitzvah can pray the prayers for Motzei Shabbos from the time of Plag HaMinchah and may make Havdalah immediately. However, in this case one does not make the blessing over the candle; and it is still forbidden to perform work until the stars come out. RAMA: It is our custom to say והוא רחום and ברכו with protracted, melodious tones so as to add from the mundane to the holy. (Or Zarua)
Siman 294
1. The Laws Governing the Recitation of Havdalah in the Shemoneh Esreh, 5 Seifim: We say Havdalah in "He who grants wisdom", and if one erred and did not say Havdalah [in that blessing], he continues his prayers and does not return, since he needs to say havdalah on a cup [of wine]. And if he ate prior to saying havdalah on the cup [of wine], he must pray again and recite havdalah in the prayer.
2. If one erred and did not say Havdalah in the S"E (Shmone Esrei), and he does not have a cup at night and he believes that even tomorrow he will not have one, must return and pray S"E again.
3. If one erred and did not mention Havdalah in the Evening Shemoneh Esreh when Tishah BeAv falls on the day after Shabbos, it is not necessary for him to repeat S"E, because he will say Havdalah over a cup at the conclusion of Tisha B'Av.
4. In a situation where we say one does not go back and repeat S"E immediately when one finishes the blessing, one does not go back even though he did not begin the following blessing.
5. In a situation where we say one does not go back, if one wants to be strict on himself to go back, if he finished his S"E it is allowed. However, if he had not yet finished the S"E he is not allowed to go back and repeat.
Siman 295
1. The Havdalah Recited by the Sheliach Tzibbur.RAMA: And we say ויהי נועם and afterwards it is customary to recite the Order of Kedushah in order that the Jewish people will delay the completion of their prayers, in order to delay the return of the wicked to Gehinnom [after their Shabbos respite] (Tur). At a time when we do not say ויהי נועם, like when a Yom Tov falls during the week, we do not say the order of Kedushah, but we do say ויתן לך (Kol Bo). The prayer leader says Havdalah in order that those who do not have wine may fulfill their obligation.RAMA: And it is our custom to say and to remember Elijah the Prophet on Motzei Shabbos, to pray that he will come and announce the redemption. (Tur)
Siman 296
1. The Laws Governing the Recitation of Havdalah over Wine, 8 Seifim: The order of Havdalah is: wine, spices and havdalah candle and its mnemonic is Yavneh, יבנ"ה. And one must take care that the wine is not blemished. RAMA: It is our custom to say, before Havdalah that is done at home, הנה אל ישועתי, etc.; כוס ישועות אשא, etc.; ליהודים היתה אורה, etc.; they are all recited as a good omen. During Havdalah we focus our eyes on the cup and the candle. And we are accustomed to spill from the cup if wine onto the ground before completing בורא פרי הגפן so that the cup will not be blemished, and to taste that which was spilled; and we do this as a good sign at the beginning of the week. We also spill from the cup after Havdalah and extinguish the candle in it, and we moisten our eyes with it, as an expression of the dearness of the mitzvah.
2. Havdalah may not be recited over bread. However, he may recite Havdalah over any beverage that is the “wine of the region,”with the exception of water. RAMA: It is better to say Havdalah over a blemished cup of wine rather than liquor (Avudraham). We have a custom to say Havdalah on Motzei Pesach over liquor and not over wine because it is precious to us.And on Yom Tov that falls on Motzei Shabbat and has kiddush which can be said over bread, there are those who say that along with the kiddush one can say Havdalah over it. And there are those who say that it is better to say both kiddush and Havdalah together over liquor. RAMA: And the first opinion is the essence.
3. If one does not have wine, nor liquor or other similar drinks, there are those who say that it is permitted for him to eat. And there are those who say that if he expects to have a cup [of wine] over which to recite Havdalah on the following day, he should not eat until the following day after he says Havdalah. If one only has one cup, and he does not expect that he will have it tomorrow, it is better that he eats before Havdalah and says Birkat Hamazon over it and afterwards makes Havdalah over it from what he used to bless Birkat Hamazon without a cup, according to the words of those who say that regarding birkat hamazon one needs a cup. According to the words of those who say that one does not need a cup for birkat hamazon, one must not eat until havdalah is done. Regarding this cup, if he only has a 1/4 reduced amount, and he already poured according to the law that if it had more water in it, it is not fit to be drunk; therefore, according to all, one should first say havdalah and drink a little bit from it and then add to it to fill it to a revi'is, then bless birkat hamazon over it.
4. [The laws describing] the order of priority [when a person] does not have the means to buy wine for both Kiddush and Havdalah - he should buy it for havdalah, for kiddush can be made over bread.
5. If one cannot buy both oil for the Chanukah lights and wine for havdalah, the Chanukah lights take precedence.
6. One should say Havdalah while sitting. RAMA: And there are those who say, while standing [Agudah; Kol Bo; Igur] and such is he custom in our countries. One grasps the wine in the right hand and the spices (lit. 'myrtle') in the left and makes the blessing over the wine. Then he places the spice in the right hand and the wine in the left and says the blessing over the spice and returns the wine to his right hand.
7. Even if the entire household heard Havdalah in the synagogue, if they had the intention not to fulfill their obligation thereby, they should say Havdalah at home.
8. Women are obligated in Havdalah, just as they are obligated in Kiddush. And there are those who argue. RAMA: Therefore, they should not recite Havdalah for themselves, rather they should hear Havdalah from men.
Siman 297
1. The Laws of Spices for Havdalah, 5 Seifim: We bless over spices if one has them. If not, one does not have to go after them.
2. We do not make a blessing over spices for a bathroom, nor over those for used for the deceased (and specifically) those which are placed on top of the bed of the deceased, and not over spices used at a gathering for the deceased, because this is simply like a party for a gentile. RAMA: And if one does make the blessing over these spices he has not fulfilled his obligation and he must go back and make a blessing on other spices [Beis Yosef in the name of the Orach Chayim]
3. Sacks full of spices that a gentile uses beneath pitchers of wine, even though it is permitted to smell them, we do not make Havdalah over them.
4. It is customary to make a blessing over the myrtle whenever possible. RAMA: And there are those who say that we do not make a blessing over a dry myrtle who's fragrance has mostly faded, but rather we use other spices and this is the custom in our countries. And it seems to me that one should use a myrtle with spices for this is what the rest of the world does.
5. One who cannot smell does not make the blessing over the spices unless his intent is to fulfill the obligation on behalf of the members of his household who will smell [the scents] and are minors, but who have reached the age when they are to be trained [in the observance of the mitzvos], or to do fulfill the obligation for one who does not know (how to bless).
Siman 298
1. The Laws of the Havdalah Candle, 15 Seifim: We say the blessing בורא מאורי האש over the candle if one has one. And if one does not have a candle, he need not seek one out. This applies to the end of Shabbat. But at the end of Yom Kippur there are those who say that one must seek one out. RAMA: Regarding one who has no cup to make Havdalah, when he sees the light he blesses on it and the spices (Tur).
2. The optimum manner of fulfilling the mitzvah is to recite the blessing over a torch. There is one who says that if one does not have a torch, one must light a candle (set aside) for the purpose of Havdalah, separate from the specific candle which lights the house. RAMA: A candle which has two wicks is called a torch. (Agudah)
3. It is our custom to look at the palm of one's hands and one's nails. RAMA: There are those who look at the nails of the right hand and grasp the cup in the left hand. One should bend the fingers into the hand so as to see the nails with the palms at the same time. And one will not see the inside of his fingers (Zohar, Bresheet and Va'Yakhel).
4. (Even though one can see the light), he should not recite a blessing over it unless he is close enough to it so that he can derive benefit from it to the degree that he could use its light to differentiate between the coins of one country and the coins of another country.
5. This blessing should not be recited over a flame that did not rest on Shabbos from work associated with a transgression. A light that was lit for a woman after childbirth or someone who is ill, such that the light was not associated with a transgression, one may recite the blessing over it. Even if a non-Jew kindled [a flame] for his own sake, since kindling the flame would have involved a transgression were it to have be kindled by a Jew, [the act] is considered an activity involving a transgression. And we do not make a blessing over light used in idolatry (Tur).
6. A non-Jew who lights on Motzei Shabbat from a Jew, or a Jew from a non-Jew, we may make a blessing over it. However, a non-Jew who lights from a non-Jew - we may not make a blessing over it. And on Motzei Yom Kippur, we do not make a blessing over a candle that a Jew lit from a non-Jew. (And see below Siman 625 Seif 5).
7. [The following laws apply when a person] was walking outside a large city [on Saturday night] and saw a flame. If most of the inhabitants of the city are non-Jews, he may not recite a blessing over it. If the majority of the inhabitants are Jewish, or even if the ratio is half and half, he may recite a blessing over it.
8. When a flame is produced from wood or stones on Saturday night, a blessing may be recited on it. However, on Motzei Yom Kippur this is not allowed.
9. When coals are flaming to the extent that if one would put a sliver of wood between them, it would catch fire, a blessing may be recited over [the coals], as long as they were kindled with the intent of providing light.
10. A blessing may not be recited over the light of a furnace used in the initial stage of the process of firing bricks because then it is not kindled to provide light. After [the bricks] have been fired, it is then used to illuminate and a blessing may be recited over it.
11. In the Talmudic era, a blessing would sometimes be recited over the lamp kindled in a synagogue. For example, if an important person would lodge as a guest in the synagogue, the lamp would be kindled to provide light for him [specifically], and one may make a blessing over it. And if there is not an important person present, it is not allowed. Some say the opposite. If there is a shamash that eats there, we may make a blessing (over that light) if the moon does not provide [sufficient] light for him there.
12. A blessing may not be recited on a lamp kindled for the sake of a person who passed away, for it is not lit for the purpose of lighting the path of the deceased. Thus, the lamp that is carried before his [bier] on Saturday night was not kindled solely to provide light, since such a lamp would also have been carried before his [bier] during the day.
13. A blind person may not recite the blessing (over the candle on Saturday night).
14. If [a group of] people lingered [in their studies] in the study hall (on Saturday night) and a flame was brought to them, one person should make the blessing for them all.
15. If a lamp was hidden in one’s bosom or in a P'nas [a vessel in which one puts a candle so it does not extinguish, like a lantern] or in an ispaklaria (a kind of mirror) and one can see the flame and does not use the light - If one uses the light and cannot see the flame one may not make a blessing over it until he sees the flame and makes use of the light.
Siman 299
1. To Neither Eat, Drink, Nor Perform Any Work Before Reciting Havdalah, 10 Seifim: It is forbidden to eat anything, or even to drink wine or other drinks besides water, from the time it gets dark until one makes Havdalah. However, if one was sitting and eating while it is still day and it got dark, he does not have to stop [even from drinking. Beis Yosef]. If one was sitting and drinking and it got dark, he must stop. And there are those who say, that this is the rule if one is in doubt if it got dark; but if it definitely got dark - even if one was sitting and eating, he should spread a cloth, say Havdalah, and continue his meal. RAMA: The simple custom is like the first opinion.
2. If one was drinking, and said 'let us go and make havdalah', then changed his mind and drank before havdalah, one need not go back and bless again. And there is one who disagrees on this.
3. When a person makes an interruption when drinking in order to recite Havdalah, he does not have to say Boreh Pri HaGafen over the havdalah cup. And there are those who say he must.
4. When a person was eating and it got dark, and we said that he does not have to interrupt his meal, he finishes his meal and says Birkat HaMazon over the cup and afterwards says havdalah over it. If he has two cups, he says Birkat HaMazon over one and havdalah over the other.
5. If one erred and ate something before making havdalah he can say havdalah afterwards.
6. If one forgot and did not make havdalah on Saturday night can make havdalah until the end of Tuesday. There are those who say that we do not make havdalah except for all day Sunday and no further. And specifically Boreh Pri HaGafen, and מבדיל בין קודש לחול. However, over a candle and spices we do not make a blessing except on Saturday night. There is one who says that this reason, which we fulfill, applies only to havdalah at night on Saturday night. However if one does not make havdalah at night because of this reason, it is not havdalah. RAMA: The essence is like the first opinion. And one who fasts three days and three nights hears havdalah from others. And if there are no others near him, he can make havdalah in Shabbat during the day, then drink and then afterwards accept the fast upon him. See Siman 553.
7. One who makes havdalah over wine at his table, even if he made havdalah prior to washing his hands, the wine involved in the meal is exempt and need not have a blessing recited over it. And there are those who say that it is not exempt unless he washed his hands prior to making havdalah. RAMA: And if one made havdalah first one must afterwards say ברכת מעין שלש. (the afterblessing al Hagefen, etc). [Tosefos; Mordechai]
8. When wine used for a meal is exempted and a blessing is not required to be made over it, it is also not required to say the after blessing over the havdalah cup. And if he has only one cup and he thinks that more wine should be brought to him and he says havdalah over it, and then after wards they do not in fact bring him more wine, and then he says Birkat HaMazon without a cup, there is one who says that one must make the after blessing over the havdalah cup.
9. One who desires to partake of a meal immediately after Havdalah should be careful not to bring bread to the table before he recites Havdalah. If it was brought, he must spread a cloth and cover it because it is earlier in the verse, and he must advance [the bread] first if he didn't cover it.
10. It is forbidden to do any work before havdalah. And if he said havdalah in the prayer it is permitted even though he has not yet made havdalah over the cup. And if one needs to do work prior to saying havdalah in the prayer, he says 'Hamavdil' without a blessing (i.e. without G-d's Name) and then he may do work. RAMA: And likewise women who do not recite the Evening Service and [thus] do not recite Havdalah in the Evening Service on Saturday night, should be instructed to recite Baruch HaMavdil bein kodesh lechol before they perform a labor [forbidden on Shabbos when they have not yet heard] Havdalah recited over a cup [of wine]. [Kol Bo]. There are those who say that all this is regarding a labor that would be forbidden on Shabbat, such as writing or weaving. But lighting a lamp or going from domain to domain does not qualify for this rule. And from this there is a widespread custom to be lenient to light lamps immediately after the congregation says 'Barchu', but the essence is like the first opinion. And there are those who say to draw water from wells or natural springs every Saturday night, because the well of Miriam passes through all the wells and natural springs every Saturday night. And one who touches it and drinks from it will be healed from all his afflictions [Kol Bo]. And I did not see (anything) about this custom. And see above Siman 263, that he who adds from the profane to the holy whether it is permitted to say to him after he has made havdalah to do work for him.
Siman 300
1. A person must always arrange his table Saturday night (see Shabbos 119b) in order to escort the Shabbat (out), even though he will only partake of an olive-sized portion.
Siman 301
1. Articles Which One May Go Out [to the Public Domain] While Wearing and Those Which Are Forbidden [To Be Worn], 51 Seifim: One should not run on Shabbat unless it is to perform a mitzvah, such as running to the Shul, or something similar. RAMA: And it is forbidden to walk more than an amah in one step if one can take a smaller step. [Or Zaruah; Hagahos Ashiri]
2. Youths who enjoy jumping or running are permitted (to do so), and the same goes for other things they enjoy [and therefore it is permitted to hike/walk for pleasure on Shabbat][Beis Yosef].
3. If one is walking and he comes to the edge of water may jump and hop in it even if it is an area where he is not able to place one foot before uprooting the other foot and it is better that he jump into it instead of going around it because it increases his gait and it is forbidden to pass by there so as to avoid the melachah of squeezing.
4. If one is walking to perform a mitzvah, such as to greet his Rabbi or greet someone greater than he in wisdom, he may pass, provided he does so differently, such as he does not take his hand out of his robe in order to remember and in order to avoid the melachah of squeezing [and see Siman 613 Seif 5 and the Rama in Seif 8]. And it is forbidden to travel in his sandles, so that he will not be able to tighten or tie them well, as we worry it might fall and he may come to bring it; but with shoes it is permitted.
5. One who goes to perform a mitzvah may traverse water, even when returning, so as to not hinder him in the future (i.e. he was not prevented from returning home after performing the mitzvah. Then, he will not hesitate to do the mitzvah again if the opportunity arises on a forthcoming Shabbat.)
6. One who goes to guard his fruit may traverse water when he sets out but not when returning. (i.e. Contrary to the previous seif, here, he acts for his own interest and will not hesitate to return to keep his fields even if he is blocked on the way back.)
7. One who utilizes something that is not a piece of jewellery, and is not 'in the normal way its worn', and he goes along the path where people walk to take it out is liable. And any ornament that is insecurely fastened and could easily fall off by itself, one is forbidden from going out with it and if he does go out, he is exempt. A woman may not go out with ornaments that are able to be removed and (easily) displayed. RAMA: And see Siman 303 Seif 18 if it is forbidden in the courtyard or in the house. For this reason a man may not go out with a fencer, a bow, a shield, a club, a spear or with items that are not ornaments, and if he does go out (with these) he is liable to bring a Chatat (offering). And not with armor, or a helmet, or boots and if he went out (with these) he is exempt, because they are usually worn. One may not go out with Tefillin because he has to take them off when he goes to the bathroom. A minor may not go out with big shoes for he might fall and have to carry it with him. However, (a minor) may go out with a big robe. He may not go out with one shoe if he doesn't have an injury to his legs because he might hurt himself that way and have to carry it (the one shoe). However if he has an injury to his legs/feet, he may may go out with (a shoe on) the one that is not injured.
8. No one may go out [to the public domain] with a machat stuck in his garments, whether it has a hole or it does not have a hole. If he goes out with one with a hole he is liable, and if he goes out with one without a hole he is exempt. And some say the opposite. [Note: The Hebrew term machat refers to both pins and needles. A pin is described as a machat without a hole, and a needle as a machat with a hole. A pin could be used for both ornamental and functional purposes; a needle, however, is ordinarily used only for sewing].
9. One may not go out into the public domain with a ring that does not have a seal (e.g. a signet ring) and if he does so he is liable. If it does have a signet on it, then according to Rashi he is exempt and according to Rabbeinu Tam and the Rambam it is permitted, for this is not considered an ornament except for a woman. However, a thing which is an ornament for a man and a woman is also forbidden for the man. [And see Siman 303 Seif 18].
10. A ring containing a stone, and also one that has letters written on it, is not considered [a ring with] a seal, for the term “seal” refers only to engraved letters or designs.
11. Something that is made to be an ornament and is meant to be used, like ornamental silver keys that resemble jewelry, is forbidden. [Because] the one who sees it might say that he is taking it out to use as an implement and not as an ornament at all. And there are those who permit this if [the key] is made of silver. RAMA: In any case, it is forbidden to go out into the public domain with a case [hanging around one's neck, commonly for eyeglasses]. This is so even though the case is silver and eyeglasses are inside them - they are [considered] a burden. [Beis Yosef]. And if the key is copper or iron and is hanging around one's neck, even if it is connected and affixed to the belt, it is forbidden. [Mordechai, Beis Yosef in the name of the Teshuvot HaRashba]. There are those who wrote that it is customary to allow this [Beis Yosef in the name of the Teshuvot Ashkenazit; the R"if; the Agudah and such is also heard in the Ohr Zarua].
12. A tailor should not go out [to the public domain] with a needle inserted into his clothing and a a carpenter who places a sliver of wood [behind] his ear as a sign may not go out, and likewise a comber of wool who places a string [around] his neck as a sign should not go out. But if they do go out they are exempt.
13. A zav (a man who has an abnormal penile discharge that is a source of ritual impurity) should not go out [to the public domain] wearing his sack that is made to protect him from his discharge so that his clothes will not become soiled. Similarly, a menstruating woman who ties a cloth in front of her so that her clothes will not become soiled by the blood of her discharge is forbidden to go out [to the public domain] wearing it, unless it is like a girdle that is fashioned like a garment, covering both her front and back. If, however, it covers only from behind and its front is merely tied with straps, this is not the manner in which clothes are worn and [doing so] is forbidden.
14. An item that is worn in the usual way clothes are worn, even if one does not wear it except to protect from filth - one is permitted to go out on Shabbat. RAMA: Therefore it is permitted to wear a raincoat or a hat on one's head. But it is forbidden for a woman to place a cloth over her scarf [to prevent] the scarf from becoming soiled from rain, because this is not considered the usual way of wearing it. [Hagahot Maimoni]
15. An amputee may not go out [to the public domain wearing] his prosthetic, i.e., a form of a leg was made and a small hollow was carved into it in which he could insert the stump of his leg. This prosthetic leg is not made for the sake of walking, because regardless, he requires a cane [in order to be able to walk]. Rather, his intent is that he is not seen missing a leg, merely as lame in his leg. Therefore, since [the prosthetic leg] is not worn to enable him to walk, (it is considered as a burden) and it is forbidden for him to go out wearing it.
16. An amputee that cannot walk at all, such as when the tendons of an amputee’s thighs and knees have dried out and withered - something similar to a low chair is made for him to sit on. When he [wishes to] go forward, he leans his hands on low handrests, propelling himself by lifting his body from the earth and lurching forward. He then rests on his posterior, to which his chair is fastened. Leather or wooden supports are made for the hanging ends of his [amputated] legs. [Usually, his legs are suspended in the air, but] at times, when the ground in front of him is elevated, when he supports himself with his arms and lifts himself up, he supports himself with [the ends of] his [amputated] legs as well. He should not go out [to the public domain] with these supports on Shabbos. [The rationale is that] since [by and large, the supports] are suspended [in the air] and do not rest on the ground, there is room for concern that they might slip from his legs and [then] he will forget and carry them by hand. He may, however, go out with the chair [fastened to] his posterior and with the handrests upon his hands. Since he cannot go out without them, they are considered like his shoes, (for his entire body rests on them). RAMA: And it is permitted to go out wearing a wooden shoe where his leg is inside it and we are not concerned that he will fall [Rabbeinu Yerucham]. And likewise regarding a פנטני"ש (slippers) even though they can easily slip off one’s feet. [Rashba]. There are those who are strict and forbid this [Agur]. A man should not go out barefoot on Shabbat because there is no pathway to walk barefoot. A man must not go out on Shabbat like he does during the week, without something else on his hand that will remind him it is Shabbat and so that he will not come to desecrate (Shabbat) [Kol Bo].
17. One who is lame, such that he cannot walk without a cane, may walk with it, even if it is not affixed to him. However, if he can walk without it and he does not hold it except to strengthen himself, it is forbidden [and regarding a sick person that rises from his sickness the law is like a lame person] [Rokeach].
18. A blind person is forbidden to go out with his cane.
19. A person who is enfettered and whose legs are chained is permitted to go out to the [public domain] while wearing these restraints.
20. One may not go out [to the public domain wearing] an ankatmin, i.e., a donkey costume worn by jesters, where it appears that he is riding [a donkey] when in fact he is carrying [the costume] and walking on his feet. Nor may one go out on stilts that have a resting place for one’s feet and are used to walk in mud. Nor wearing a mask that has the image of a [menacing] countenance and is placed over the face to scare children.
21. One may not go out [wearing] a chest, a basket, or a mat. One may, however, go out [wearing] woven goat’s hair, an unfinished thick sheet, or a coarse coat as garments.
22. It is permitted to go out with down, and a sponge [placed over] a wound because they heal it. They are, therefore, considered as an ornament. Similar laws apply to garlic peels, onion [peels], an adhesive bandage, a compress and a dressing that is on it. And if it fell off we do not put it back on. And the more so that we do not put them on initially (on Shabbat). But it is forbidden to tie a string or a band around the bandage (or other entities that are on the wound) in order to go out with it, for then they are not considered healing agents; rather they are burdens. However regarding rags that are tied to the bandage so that they will not fall off it, one may walk with them, and tie them and untie them.
23. Boys may go out [to the public domain] with golden bells woven into their clothing. However, if they are not woven (or sewn) then no (they may not go out with them). RAMA: This is not so unless they are connected to his garments with something that normally would be connected there. However, if something is connected there that is not accustomed to be, it is forbidden (Hagahos Maimoni; Beis Yosef in the name of Teshuvos HaRashba; Mordechai). It is permitted to go out on Shabbos wearing those yellow circular [patches] that the ruling kingdom decreed that all Jews must wear on their garments even if they are not sewn onto the garment but rather attached to it in a lesser way (Or Zarua). It is also permitted to go out with a handkerchief that is used to wipe one’s nose that is called פצולי"ט if it is connected to one's clothes. And this, that it is permitted to go out golden bells woven (into clothing) is specifically if they do not have a clapper and one does not hear a sound (Hagahos Alfasi).
24. One may go out [into the public domain on Shabbat] wearing herbs that are tied in knots and hung from one’s neck for therapeutic purposes.
25. One may not go out wearing an amulet that is not reliable. If it is reliable, he may go out with it. It doesn't matter if the man who wrote it is a proven expert or if the amulet is proven to be effective. For example, when he has written one text on three [separate] scripts and [with them] healed three people, he is considered an expert for that text each time he writes it, but is not considered an expert for other texts. Also, the amulet is not proven to be effective if it is written afterwards - it makes not difference if the author is an expert or if it is effective; for example, when one writes one text in a script and heals someone three times - there is no proof it is effective for all people. All the more so, if the author is an expert and it is effective - for example where one writes one text in three scripts and each one heals three separate people, or one person three times. He is considered an expert regarding this text in any script in which he writes it and the script is considered effective for all people. RAMA: And specifically if [the healer and the amulet] were both deemed expert and reliable at the same time. However, if the healer was deemed an expert first and afterwards made an amulet which healed three times, we do not give this amulet the designation [of both a healer and a reliable amulet], rather only the designation of the author's expertise, for it was already strengthened [Hagahos Ashiri and such was heard from Tosefos from the Biur that the Beis Yosef wrote]. However, if one wrote three amulets for one person and he was healed three times we do not designate it as being expertly written or effective, or even as an amulet. And it is permitted to go out with an expertly written amulet - and it makes no difference if it is written or just the essence [was written], whether for a sick person who is in danger or a sick person who is not in danger, or an epileptic and it was hung for therapeutic purposes. [Indeed,] even a person who has not fallen ill at all is permitted to go out (to the public domain on Shabbos [wearing such an amulet]) if he is from a family in which epilepsy or other similar illnesses run and he is concerned and hangs an amulet [from his neck as a precaution against] falling sick because of his family’s [predisposition to this] illness. This is provided that it is not tied with a tie or a ring and he goes out to the public domain; for then they will say that he goes out to show off an ornament. And this is forbidden because it is not an ornament.
26. It goes without saying that one who heals himself is an expert.
27. It is permitted to go out on Shabbos with: a) the egg of a species of grasshopper known as a chargol (hung over one’s ear to relieve an earache); b) the tooth of a live fox (hung on a person who sleeps excessively); c) the tooth of a dead fox (hung on someone suffering from insomnia); and/or d) a nail from a wooden beam on which someone was crucified (used to heal a swelling that stems from a blow from [an] iron [implement]), whether it is during the week or during Shabbat. Doing so is not considered as following the ways of the Amorites. So too, with anything that is used for healing. However, if one makes something that is not recognized as something used for healing, it is forbidden because this is considered as following the ways of the Amorites. However, any incantation is permitted and not forbidden except for those that are checked and do not heal. And there are those who worry for this regarding every amulet that is not effective because it is following the ways of the Amorites.
28. Anyone who has a wound on his foot (that is healed by) tying to it a coin may go out [to the public domain] with [the coin bound to his foot on Shabbos]. Since it is a healing agent, it is considered as an ornament (and as a garment) for him.
29. [The following laws apply] when one goes out wearing a tallis that is folded and placed on his shoulders (i.e., he placed [the tallis] over his head, lifted up its lower edge [and placed it] on his shoulders) - he is liable for a chatat. However, if it is not folded and placed on his shoulders but rather folded in thirds by width below his shoulders, it is permitted because he wraps himself in his tallis and covers himself in it, his shoulders and body; even though it is shorter from the bottom - it is permitted. Because of this it is permitted to wrap oneself in one's tallis under one's coat to bring it to shul.
30. It is permitted to go out into the public domain with a tallis around one's neck. RAMA: even though the right side will lay on the left shoulder, this is the normal way it is worn, and this is nothing more than beautifying (the mitzvah) and is permitted. [Beis Yosef]
31. If one goes out [to the public domain on Shabbat] wrapped in his tallis, and it is folded from here and from here in his hand or on his shoulders - if one intended to gather the corners in order that they do not tear or so that they do not become dirty, it is forbidden. And if one gathered the to beautify them, like the custom of the people of that place to wear (it like that) it is permitted. This applies to their tallaisim, which are like one rectangular piece of fabric. However, clothing, as far as he is concerned, when he wears them and it has holes to stick his hands through, it is permitted to hold a portion of the garment, even its lower edge, in one’s hands and lift it so that it will not impede his walking or so that it will not become soiled on the rims with mud.
32. When a person goes out with money that is bound up in the cloth that he is wearing, he is liable. RAMA: However, at home it is permitted if necessary, even if it is not wrapped up but only has holes.
33. It is forbidden to go out [to the public domain on Shabbat] with a small coin, silver or gold sewn into one's garment. RAMA: There are those who permit this in a place of need where one fears it will be stolen from him if he leaves it in the house and walks away from them [Agur; Issur v'Heter Ha'Aruch]. And our custom is to be lenient if one needs to go out. However, if one can stay at home and not go out he should not go out. And in a place where it is not necessary for him (to carry the money) and he can leave it at home there are those who are strict [Issur v'Heter Ha'Aruch].
34. A person may go out wearing a head-kerchief that is folded and placed on his shoulders even though he did not tie a string around his finger. And if the head-kerchief is not protecting his head or majority of his body it is forbidden to go out with it, except if he ties both its ends together one to another.
35. It is forbidden to go out to the public domain or to a karmelis wrapped in very firm fabric as one wraps himself with a garment, because [the fabric] is not appropriate to be worn as a garment and [therefore] appears like a burden. If, however, [the fabric] is not very firm, it is permitted [to go out wearing it].
36. It is permitted to go out on Shabbat with two garments, one on top of the other, whether one needs them or one's friend needs them, whether they are two shirts or whether they are two outer garments, whether they are two belts one on top of the other and even if there isn't enough of a garment between them (meaning one belt is worn over a shirt and another over a coat, for example). RAMA: There are those who forbid two belts on top of each other unless there is enough of a garment between them [Or Zarua; Tosefos; Mordechai] and it is appropriate to act this way. It is permitted to wear two hats one on top of another [Or Zarua] and also two leggings [Agur].
37. It is permitted to go out on Shabbat wearing gloves called גואנטי"ש; and there is one who is strict to require that they be sewed to the sleeves of one’s garments on Friday. Gloves that one wears or is tied with a very durable tie. It is fitting to be concerned with his words.
38. One who goes out on Shabbat with a talis whose tzitzit are not tied on properly is liable, because these threads are important to him and his mind is on them until it is completed and made into tzitzit. And if the tzitzit are affixed according to its law, even though it has no blue string (techelet), it is permitted to go out with it on Shabbat. (See above Siman 13).
39. It is, however, permitted to go out [to the public domain] wrapped in a curtain called a Kilah from which hang straps by which [the curtain] is extended [and hung] over posts positioned above a canopy bed. One has no need of the straps for the curtain when he wraps himself in it and goes out [wearing] it. Nevertheless, since they are not important [to him] at all, they are nullified in relation to the curtain. For this same reason, it is permitted to go out with straps hanging from a belt, because they are not important, and [are therefore] nullified to the belt. If, however, [the straps] are made of silk, they are important and are not batel. [Hence,] it is forbidden to go out wearing [silk straps hanging from a belt] unless one’s shoes or socks are tied to them. (In that instance, they assist him in wearing these garments and thus are not a burden). The same law applies with regard to any entity that became detached from a garment but one of its ends remains attached to it, for example, loops and the like. If it is important, it is forbidden to go out with it [while it is attached to the garment. If, however, it is not important, it is batel (nullified) to the garment and it is permitted to go out wearing it.
40. It is forbidden to use a broad brimmed hat (that exceeds a tefach around one's head) even in the house due to the prohibition against erecting a tent.
41. Regarding going out with a hat on one's head which is made to provide shade from the sun - there is one who forbids it because we worry that the wind will blow it off his head and he will then travel 4 amos in the public domain, unless it is fastened on his head or if it covers a large portion of his head which is inside it and the wind cannot separate it from his head, or it is fastened with a strap under one's chin. [In these cases,] there is no concern at all.
42. One who finds tefillin on Shabbat which are in a state or place of disgrace, if they are in a place where they cannot be protected, if there is a danger because they decreed that tefillin may not be worn, one should cover them and proceed on his way. And if there is no danger, if they have straps that are tied to them which identifies them as tefillin and not as an amulet, and they are tied so that they can be worn, he should bring them into the city pair by pair, i.e., he should wear them as he does during the week, until they are all brought in. If there are many that there would not be enough time in the day to bring them all in, pair by pair, while wearing them, he should leave there until it gets dark and then he should bring them. And if one is afraid to sit [where the tefillin are located] until nightfall because of thieves, he should immediately pick them all up by hand and carry them less than four cubits at a time. Alternatively, he may give them all to another person who is standing next to him within four cubits. That person may then give them to another person who is standing next to him until [the tefillin] reach the outermost courtyard of the town (which is the first guarded place).
43. If one finds a Torah scroll in a field, if it is not a time of danger, one sits and watches over it until dark (the words of the Rambam; and in a time of danger he should leave it alone and come back for it). If it is raining, he should wrap it in in a skin and return and cover it and enter with it.
44. The manner in which a person who seeks to save his articles from a fire - he should wear all that he can wear and wrap up everything he can wrap up and remove, return, wear and take out.
45. One may wear clothes that got drenched with water without fear that one might wring them. He should not spread them out to dry because of Mar’is ayin, lest people will say that they were laundered on Shabbos. This is prohibited even within inner-chambers where not visible to others. The Sages only forbade spreading them out on Shabbos, but if one spread out laundered clothes before Shabbos, one need not take them in on Shabbos.
46. Sopping wet clothes may not be dried near the fire. RAMA: and they are forbidden to be moved lest one will wring them out, and that is if one is particular about the being wet. (Mordechai). It is forbidden to go on Shabbos in a place where one might slip and fall into water, lest one’s clothes get wet and one might come to wring them. (R"iv)
47. One should not spread out one’s clothing on Shabbos even if they are only moist with sweat.
48. One is permitted to dry oneself with an Aluntis (a fabric used for drying oneself after washing) and carry it (into one’s house) and we are not afraid lest one wring it out. It should not be handed to the bath attendants because they are suspected of wringing.
49. It is permitted to wash one's hands in a river on Shabbat, provided he does not go out with water on them more than 4 amos.
50. One may go out with carded flax or combed wool on their heads if they are bald. When is this allowed? At a time when they are colored and tied or they went out with them for an hour on Friday.
51. A person who has a wound on his head or on his arm is permitted to tie a cloth turban around his neck [or arm to protect the wound]. Similarly, rags may be tied around an injured hand or a finger, and [the person] may go out to the public domain [wearing] them.
Siman 302
1. One who shakes dew off a new, black garment is chayav (responsible/liable), because shaking is as effective as laundering. However this is on condition that one is particular not to wear it unless it is shaken out. RAMA: It is all the more so forbidden to shake out a garment soaked with water or drenched with rain; however this applies only to a new garment one is particular about. (Kol Bo). There are those who say that it is forbidden to shake dust from a garment one is particular about and it is correct to follow that opinion. (Rashi) However, it is permitted to remove feathers from a garment on Shabbos. See Siman 337.
2. One who removes the weaving knots from garments, like ones remaining after the weaving on woolen garments, is liable for Makeh bepatish, provided that one is particular about it. However, if one removed them offhandedly, one is exempt.
3. It is permitted to fold clothes on Shabbos that are to be worn that Shabbos. This is when (one) person folds them, they are new clothes that have not yet been laundered, are white, and he does not have other clothes to wear. If one of these conditions is omitted, it is forbidden (to fold). There is an opinion that holds that if folded against its creases it is permitted unconditionally, and his opinion seem to be correct.
4.
6. Mud on one’s leg (or on one’s shoes)(Beis Yosef and R' Yerucham) may be scraped onto a wall but not onto the ground, lest one will fill in crevices in the ground. There is an opinion that forbids scraping onto a wall as well. RAMA: there is an opinion that permits scraping onto both. (the Rosh). It is also permitted to remove it with a little piece of clay that is not Muktze. (R' Yerucham)
7. Mud on one’s clothing may be removed by rubbing the garment from the inside, in such a manner it does not appear as if one is laundering, but not from the outside because it appears as if one is laundering. One may scratch it off with a fingernail. Some explain that this is only when it is moist, but when caked (dry) it is forbidden because of Tochen – grinding.
8. It is forbidden to scrape – with a knife or fingernail – a shoe, whether a new shoe or an old one, because it peels off the leather and is Memachek – smoothing.
9. It is permitted to pour water onto a shoe in order to rinse it, but it is forbidden to wash it in a way that entails rubbing one side on another. However a dirty garment is forbidden even to rinse, because it is tantamount to washing, rather one may wipe the dirt off lightly with a cloth, but not intensely lest it might squeeze. RAMA: One may put a small amount of water on a clean garment, but not a lot, lest one will squeeze out the water. (Beis Yosef in the name of the Smag; the Smak; the Rosh). There are those who completely forbid it. (Beis Yosef in the name of the Tur; Tosefos)
10. After washing one’s hands, it is correct to first rub them together in order to rid them of excess water before drying them on a cloth. RAMA: And there are those that wrote that one need not be concerned about it, because we do not say that ‘rinsing cloth is tantamount to washing’ when done in such a way, since it is done in a dirtying manner, and such is the minhag. (Tur; Beis Yosef, Agur). Therefore it is permitted to dry one’s hands on a garment that a baby wetted on in order to nullify the urine, because it is done in a dirtying manner, (Tur) but it is forbidden to pour water directly onto the urine in order to nullify it.
11. One who dirtied his hand with mud may wipe it on the tail of a horse or a cow or on a rough cloth that is made to hold thorns in it, but not on a cloth that is used to wipe hands, lest he act as he does on weekdays and come to wash the cloth.
Siman 303
1. The Laws Pertaining to a Woman’s Ornaments, 27 Seifim: A woman may not go out [to the public domain on Shabbat] with strands of wool, strands of flax, or strips [of leather] wound around [the hair on] her head. This is a decree [enacted by our Sages] lest she be [required] to immerse herself [in the mikveh]on Shabbos. If she would be granted license to go out wearing these strands or strips, she might also go to the mikveh while [wearing] them. We are concerned lest she walk 4 amos in the public domain. If the strands and straps are braided into her hair, she is permitted to go out wearing them. There is one [opinion] who forbids this. If the strands are (hollow and formed like a net) ([and] woven) it is permitted because she would not be required to remove them during immersion. RAMA: And also so they will not be soiled or gilded, because in that instance as well, she is careful to remove them before immersion so that the mud will not dissolve in the water [and soil her body when she emerges from her immersion].
2. A woman is allowed to go out [wearing] strands wound around her neck which are loose, and she is not required to remove them at the time of immersion. However, [going out] with a choker is forbidden because she must remove it at the time of immersion; [Why?] since she “chokes” herself with this strap in order to appear plump. (Note: In that era, it was considered attractive for a woman to appear plump. Some explain the rationale: Hunger was prevalent and being well-fed was a sign of prestige). And we worry that maybe she will travel little by little 4 amos in the public domain. Similarly, a woman should not go out wearing a totefes. [That term refers to an ornament] like a forehead plate that extends from ear to ear. Nor may she go out with a sharvitin. This is also a type of headband wrapped around her head, [with strands] hanging down on her cheeks from both sides. The restriction applies provided these strands are not sewn into her hairnet, for then there is room for concern that she might remove them to show to her friends and walk thusly 4 amos in the public domain. By contrast, there is no such concern if [the strands] are sewn into her hairnet, for she will certainly not remove them together with her hairnet, so as not to reveal her hair. (Note: For a married woman’s hair is considered as “nakedness” (Berachos 24a). Uncovering it is a sign of immodesty (Kesubos 72a). RAMA: And there are those who say that regarding an unmarried woman, who is not concerned about her hair being uncovered, it is forbidden to go [wearing such strands] even if they are sewn to her hairnet, because it is possible that she will remove them [together] with the hairnet to display their beauty and afterwards forget [that it is Shabbos]and carry them by hand.
3. A woman should not go out [wearing] a woolen head covering, which are threads of cotton which are harvested and worked when they are removed. (Explanation: like vessels that are made like Lulavs of the palm trees which are woven. This is not like an itztima, i.e., a cloth from which are hung multi-colored [woolen] strands, which are made by themselves as explained in the Gemara there). Its width is two fingerbreadths wide, the width of [the Kohen Gadol’s] forehead plate. [A woman should] not [go out wearing] an itztima, a cloth from which are hung multi-colored [woolen] strands. Such [a cloth] is hung in front of a bride to chase away the flies from her.
4. She should not go out wearing “a golden city.” (See Shabbos 57a. Rabbi Akiva had such an ornament made for his wife (ibid. 59b). Rashi explains that this is a circular ornament on which an image of a city is formed (note: usually of Jerusalem). It has a protrusion in its center with which it is fastened to [a woman’s] garment. And Rabbeinu Tam explains (Tosafos, Shabbos 59a) that this is an ornament resembling a crown [worn] on the head.
5. A woman may go out wearing a kelilah - an ornament which is placed on her forehead from ear to ear and is fastened with straps which are hung. This is so whether it was made of golden links strung on a thread or of golden links affixed to a cloth.
6. It is permitted [for a woman] to go out [wearing] a resokia, i.e., a wide piece [of material] from a cape, provided it has short strands hanging from it with which to tie and fasten it around her. If it has no strands it is forbidden.
7. A woman may not go out with a katlah (choker), which is a garment that has a place for laces, similar to those [holes for laces] made for pants. She inserts a thick strap [in these holes] and ties the strap around her neck. The garment is hung around her neck and [extends] to the area of her heart and it is important, and is decorated with gold.
8. A woman should not go out wearing nose rings; She may, however, go out wearing earrings. RAMA: Because her ears are covered. And in a place where it is customary to reveal the ears it is forbidden to go out with rings in them. Where (is this)? Where it is the usual way to take them out (Or Zarua)
9. A woman may not go out with a pin. And if she does go out like this she is liable. If it is a needle, and it is used to close her garments together, it is permitted to go out with it. And if not, then it is forbidden.
10. A woman may not go out with a signet ring; and if she does go out with it, she is liable. If it has no signet, she should not go out, but if she does she is exempt.
11. A woman should not go out [wearing] a brooch, i.e., an ornament that joins the openings of her cloak, nor [wearing] a koveles, i.e., a knotted bag [which hangs from her neck] containing spices that produce a pleasant fragrance.
12. [The following laws apply] if [a woman] is missing a tooth and she inserts a [false] tooth in its place: If [the false tooth] is [made from] gold, she should not go out wearing it, because its appearance is different from that of her other teeth. Possibly, she will be laughed at [for wearing it] and she will remove it from [her mouth] with her hand and forget [that it is Shabbos] and carry it. If, however, [the tooth] is [made of] silver, its appearance bears a [closer] resemblance to her other teeth and she is permitted to go out wearing it. Certainly this applies if [the false tooth] is a human tooth.
13. [A woman] should not go out [wearing] a shoe whose top is torn, lest she be laughed at because of it, and [hence, she might] remove it from her foot and bring it in her hand. Nor should she go out [wearing] a new shoe that she has yet to walk in, for perhaps it will not fit the measure of her foot (and she might remove it and bring it in her hand). If, however, she tried walking in it during the previous day, [it is permitted]. However, a man is permitted to do this because he is not so particular about this. RAMA: And regarding other clothes (that are torn or new), we do not worry about this, even as regards a woman.
14. [A woman] may go out [wearing] strands of hair that are wound around her own hair, whether they are made from hair or from other things, and even if made from the hair of an animal, except an older woman should go out with the [hair of] a younger women and vice versa.
15.
Siman 304
Siman 305
19. An animal that fell into a water canal, if the waters are deep and therefore the animal cannot be provided for in its present location, one may bring pillows and quilts and place them beneath it because of ‘tza’ar ba’alei chayim’, [agony to animals – we are commanded to not to hurt them and to look after their well-being] even though it is Mevatel Keli Me’hechano. The law of cooling an animal on Shabbos is the same as Yom Tov (Mordechai, Chapter 2 of Beitzah).
Siman 306
1. Which things are permitted to say on Shabbat. And following, 14 subsections It is forbidden to pursue your concerns (i.e. tend to mundane matters), even in a matter that does not involve any work, for example, someone enters to see what is necessary for the next day, or one goes to the edge of his town so he can quickly leave to go to the bathhouse as soon as it becomes night, and also when he needs to go beyond the techum in order to hire workers. One may, however, wait until nightfall at the end of his Shabbos limits so that on Saturday night, he can bring back his animal that [wandered] outside the Shabbos limits. And there are those that say if an animal cannot walk using its legs, for example if it is a small lamb [that must be carried on one’s shoulders], it is not permitted to go close to the techum because it is not permitted to bring something that is forbidden to carry [on Shabbos] if it is muktzeh. RAMA: This is the same law that applies to someone who goes out to find a horse or a ship or wagon to depart with. (Mordechai end of Perek 'Mi She'hashchich')
2. If one's animal stood outside the Shabbat limits, one is able to call to it so that it re-enters.
3. We allow it to get dark on the Shabbat limits for the needs of a bride or a corpse, to bring it a coffin and shrouds. And it's possible to say to one's fellow that it is darkening, in order that they will bring to one and one will be able to say "Go to this place tomorrow - if you do not find in this place, go to that - if you do not find such a good at such a price, buy at higher than the price" - as long as one does not mention the sum of the purchase. That is to say, one should not say to them a known sum that they should not add to, and so too if they buy eight one should not say to them "Get me two more and I will owe you for ten". Note: and if it is not possible to do this without mentioning the sum, it's permitted in every matter which is for the needs of a mitzvah (Hagahot Mordechai Chapter 5). And there are those who prohibit in every case, and so is the ikar [?] (Beit Yosef in the name of the Ra"n and the Maggid and the Mordechai, chapter "Kira" [the stove?], and the Gaha"m [?] chapter 1, and the Pacha"v [?])
4. A worker who is hired to watch over seeds or anything else may not be paid for Shabbos and therefore he is not liable for any losses incurred on Shabbos. If he is hired for the week, the month, the year or for a seven year stretch, he may be paid for the Shabbos and thus he is liable for losses incurred on Shabbos. He must not say “pay me for Shabbos”, rather he must say “pay me for the week or for the month” (and if he was hired for a month but the agreement was that he will be paid per day’s work, he is called a day worker) (R"an) or he should say “pay me for ten days work”.
5. It is prohibited to hire Chazanim to pray on Shabbos and there are those who permit it. RAMA: If he is hired for the year or for the month everyone permits it.
6. One may discuss Mitzvah matters such as estimating the costs of a Mitzvah, pledge money to charity, supervise the needs of the community, discuss matchmaking for children, (hiring a teacher to) teach them books and a trade. One may only ask if he is willing to be hired but it is prohibited to hire him or discuss a price. RAMA: Some say that in places where the one who reads the Torah offers a Mi She’beirach and pledges charity, it is forbidden to state the amount he intends to give, (Or Zaruah) but the custom is to be lenient because one may pledge charity.
7. One may measure for a Mitzvah such as calculating whether a Mikvah has forty Se’ah, and to measure the belt of an ill person and chant over it, as is the women’s custom, because it is measuring for a Mitzvah.
8. One may think about one’s business matters, however out of respect for Oneg Shabbos it is a Mitzvah not to ponder over them at all, and it should be in one’s mind as if one has completed one’s work.
9. It is forbidden to say to a non-Jew that they should go outside the Shabbat limits to find the relatives of a dead person, so that the relatives could come and eulogise them. But for a sick person for whom the world is harsh [?], and they say to send for the sick person's relatives, this is certainly permitted.
10. To exchange collateral to a non-Jew on Shabbat is permitted, if it is clothing, and the non-Jew will take the collateral by wearing it.
11. It is permitted to buy a house in Eretz Yisrael from a non-Jew on Shabbat, and seal, and go to the non-Jewish courts. Note: in their script, since [writing in] their script is only forbidden rabbinically, and in a case of settling Eretz Yisrael they did not decree (Or Zarua)
12. It is permitted on Shabbat to publicise the finding of a lost object, even if the lost object must not be moved on Shabbat. Note: and it is permitted to release forbidden items of the community (charmei tzibur) on Shabbat, even though one does not need those items for Shabbat, since it is a day of public assembly for the masses and [this release] is like the business of the masses, which is permitted to speak about. However, we do not render items forbidden (ein machrimin) on Shabbat unless it is something which is necessary for Shabbat.
13. To publicise on Shabbat land that is to be sold, [saying] "All who have rights over this land, come and tell, or if not they will lose their rights" - this is forbidden. Note: and so too it is forbidden to publicise wine on Shabbat, since it is like buying and selling (Mahari"l)
14. One whom they send to him that they have taken his daughter out on Shabbat in order to take her out of the Jewish people ("klal yisrael") - it is a mitzvah to journey immediately to spend much effort to save her, and he goes even outside of three parasangs. And if he does not want to, they force him.
Siman 307
1. The Laws of Shabbat as it relates to Speech, 22 Seifim: “Ve’daber davar” (teaches us) that one’s manner of speech on Shabbos must not be the same as one’s manner of speech on a weekday. Therefore, it is prohibited to say 'I will do such and such tomorrow' or 'I will purchase this and this merchandise tomorrow'. Even idle talk should be curbed. RAMA: People who enjoy hearing stories or the latest news may speak these things on Shabbos but one who does not enjoy them may not speak them for the sake of giving pleasure to someone else.
2. It is prohibited to hire workers or to ask a Gentile to hire workers on Shabbos, even if the Jew only requires the work to be done after Shabbos. This is because everything that one is forbidden to do it is forbidden to tell a Gentile to do. It is also prohibited to ask a Gentile before Shabbos to do something on Shabbos. Nevertheless one is permitted to say to him after Shabbos “why did you not do so and so last Shabbos”, even though he will understand that one wishes he should do that particular Melacha next Shabbos.
3. It is prohibited to give money to a Gentile before Shabbos for him to make a purchase on Shabbos but one may say to him “purchase it for yourself and if necessary I will buy it from you after Shabbos.”
4. It is permitted to give money to a Gentile before Shabbos for him to make a purchase provided that one does not say to him “purchase it on Shabbos”. RAMA: Likewise it is permitted to give him clothes to sell provided that one does not tell him to sell them on Shabbos. (Beis Yosef in the name of the Sma"g). One who hired a Gentile to transport merchandise and the Gentile arrived on Shabbos in order to take it from the Jew’s house, it is forbidden to allow him to take it and it is proper to punish the perpetrator. (Rabbeinu Yerucham).
5. One may instruct a Gentile to do an action that is not a Melacha but which is prohibited on account of a rabbinical prohibition, provided that it is needed in a case of minor illness, or it is greatly needed, or for the sake of a Mitzvah. For example, a Jew may instruct a Gentile to climb a tree to bring down a Shofar needed to blow for the sake of a Mitzvah, or to bring water through a yard that was not included in an Eiruv in order to wash someone suffering. There are those who prohibit it. RAMA: Further in Siman 686 the Mechaber ruled that it is permitted, and see above in Siman 276 that there are those who permit it even for a Melacha de’Oraissa (work forbidden Biblically).
6. One may not calculate one’s expenses, even ones from the past. For example, to say I spent such and such an amount on something. However this is only when one must still pay the workers, but if one has already paid them it is permitted.
7.
8. One may say to a friend that I am going to a certain town tomorrow, and one may also say come with me to a certain town tomorrow. It is permitted because it is possible to get there today by way of huts. The same applies to similar cases where there is a permissible manner to accomplish it today, one may instruct someone else to do it tomorrow provided that one does not mention his terms for hire. However, something that cannot be done today, even when it is only prohibited rabbincally, for example one has fruit that are muktze outside of the Techum, since it is not possible to bring them into the Techum it is prohibited to give instructions to bring them tomorrow. Likewise one may not position oneself at the end of the Techum in order to hurry and bring them after Shabbos. RAMA: Likewise one may not say that one will do such and such tomorrow [Rosh, Perek HaShoel and see above at the beginning of the siman]. However, one may position himself at the end of the Techum in order to hurry and guard them because that could be done on Shabbos were they within the Techum. If one’s intention was only to guard them, then one may [position oneself at the end of the Techum] even [to] bring them.
9.
10. One may say to a friend, look after my fruit that are within your Techum and I will look after your fruit that are within my Techum.
11.
12. One who invited guests and prepared various dishes for them and one had written down the amount of guests and the amount of food he had prepared, it is prohibited to read the list on Shabbos, even if they are written high up on a wall, lest one reads documents i.e. bills and expenses. RAMA: It is likewise prohibited to read them with one’s mind. (Rosh; R"an, Perek HaShoel; Tur) If however it is carved into the wall it is permitted, but reading from a tablet is prohibited even when carved into the tablet.
13. Regular documents such as bills and expenses and letters of greetings may not be read, and even to read them without expressing the words is prohibited.
14. One may read a letter that was sent to him if one does not know what it contains, one must not read the words aloud. If brought from outside the Techum it is correct not to handle it.
15. A wall or curtain with drawings of unusual animals or portrayals of people exhibiting a certain event, such as David and Goliath, and beneath it is a legend depicting it’s character, it is prohibited to read on Shabbos.
16. One may not read on Shabbos secular books of phrases and parables, books of passion (such as Emanuel) and war books. One may not read them during the week as well because it is a “sitting of scoffers” and because one is “removing Hashem from one’s mind”. Books of passion have an extra prohibition of arousing one’s evil inclination, and therefore the authors, the duplicators and of course the publishers cause the masses to sin. RAMA: It is noteworthy that it is only prohibited to read secular writings and war books when they are written in foreign languages, but when written in Lashon Hakodesh it is permitted. That is what I see from Tosefos in Perek Kol Kisvei (Shabbos 116b), and people are accustomed to being lenient with this.
17. Anything other than Torah may not be learned on Shabbos and Yom Tov, and even books on humanities are prohibited; yet there are those that permit it. According to their opinion one may study the astrolabe on Shabbos (and also handle it, as written in Siman 308:50).
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Siman 308
Objects that may or may not be carried on Shabbat
All implements are carried on Shabbat except for implements that are muktze [=set aside] because of monetary loss. For example, a knife used for the ritual slaughter of an animal; for the performance of a ritual circumcision; hairdressers’ scissors; or the knife used by scribes to sharpen their quills. Since one shows great care not to use those for any other purpose, it is forbidden to move them on Shabbat, even for the "purpose of its place" (=its place is needed), or for the "purpose of the object itself". RAMA: And even those [special knives] stuck in with a sheath with other knives, it is forbidden to move it (Maharil). This too is the law regarding hammers used for herbs and spices, since one shows great care not to soil it. RAMA: And this is the law regarding implements set aside for merchandise, where one is strict regarding their use (Beit Yosef in the name of Maimonides ch. 5).
2. Any Keili, even if it is very big and heavy, does not lose its status of a Keili, not because of its size nor because of its weight.
3. It is permitted to move a Keli she’melachto l’issur, (if it was used during twilight for a prohibition, for example a lamp that was lit, see above Siman 279), either in order to use the Keili, for example to use a goldsmith’s or blacksmith’s hammer to crack open nuts or an axe to cut dates, or to use its place, i.e. one needs to use the place the Keili is occupying. One is permitted to remove it and place it wherever one wants. However from sun to shade, i.e. if he is only moving it to prevent it from getting broken or from getting stolen, it is forbidden to move. RAMA: It is only forbidden to move Muktze, but touching without moving is permitted. Therefore it is permitted to touch the candleholders in Shul on which candles are placed, or the (portable) stove with fire within, and it is permitted to remove a non-Muktze item placed on top of Muktze [Mordechai, Perek Kol HaKeilim; Rish; Rabbeinu Yerucham; the Maggid]. It is also permitted to move a Muktze through blowing, as it is only moving the Muktze kil’achar yad (backhandedly) and is therefore not called moving. [Teshuvos Mahariv, Seif 226]
4. It is permissible to move a Keli she’melachto le’heter (a Keili generally used for a heter) even if one is only moving it to prevent it from getting broken or stolen, but to move it for no purpose at all is forbidden. It is permissible to move holy writings and food for no purpose at all. RAMA: Tefillin should only be moved when necessary. (Terumat HaDeshen and see in the Beis Yosef). It is forbidden to move a Shofar unless for the sake of using it or for using its place. (Ha'gahot Ashiri, end of Perek Bameh Madlikin
5. There are opinions who permit moving a Keli she’melachto l’issur (a Keili generally used for doing an issur) even from sun to shade by placing a bread or a baby on top of it.
6. It is permissible to move shards of broken vessels, even if they broke on Shabbos, as long as they are usable, such as the shards of a bowl to cover a barrel, pieces of glass to cover a jar. But if they are of no use they may not be moved. RAMA: If they broke in a place where they can cause harm, for instance glass that broke on a table or in a place where people walk, it is permissible to move the broken pieces out of the way to prevent people from getting harmed by them. (Kol Bo; Ha'gahot Mordechai; Beis Yosef in the name of Orchot Chayim)
7. A piece of broken piece pottery that broke off on a weekday from a Keili, and is suitable for covering a Keili, may be moved even in a place where there are no Keilim to be covered. If it was thrown into the trash before Shabbos it is forbidden to move, because it has been invalidated from being a Keili. RAMA: Even if it remains fit for the poor, since the owner has made it Muktze, it is Muktze, even if the owner is rich, as Muktze for the rich is Muktze for the poor, as will be explained at the end of the Siman. (R"an, Perek Bameh Asah).This refers specifically to a piece of pottery because it originated from a Keili, but something that has nothing to do with Keilim, for example pebbles and stones, even though they are suitable for covering a Keili, they are forbidden to move RAMA: like everything that is not a Keili is forbidden to move le’tzorech gufo (meaning done for the purpose of using the item) and all the more so le’tzorech mekomo (in order to use the space the Muktze is occupying). (Mordechai)
8. Regarding all Keilim that may be moved on Shabbos, doors that detached from them may (also) be moved, whether they detached on a weekday or on Shabbos.
9. It is permissible to remove a door from a Shidah, Teivah and a Migdal, [these are different types of wooden chests] but it is forbidden to reattach it less one will secure it into place. It is forbidden to remove the door of a chicken coop or to attach it because it is attached to the ground and is subject to (the Melacha building and demolishing.
10. One may not move a cover of a pit or a cistern unless it sports a handle, which proves that it is a Keili. Covers of Keilim, even if the Keilim are cemented in place, may be moved even if they do not have a handle, as long as they were prepared and readied for this purpose or they were used before Shabbos (as a Keili). Covers of barrels buried in the ground require a handle.
11. An unbroken needle may be used to remove a thorn. If the point or eye is missing it is forbidden. A new one that has not yet been pierced is permitted.
12. Pieces of mat may be moved because they can be used to cover filth, but if they were discarded before Shabbos they are Muktze (you cannot move them).
13. Pieces of worn out rags: if they are three fingers by three fingers it is permitted to move them, if not it is forbidden. There are those who permit it even if they are less than three by three as long as they are not from a mitzvah shawl.
14. A new shoe may be removed from the mold even though it is melachto l’issur (meaning, a Keili generally used for doing an issur), as it is called a Keili. It may therefore be moved le’tzorech mekomo (i.e. in order to use the space the Muktze is occupying)
15. If the inner strap [i.e. The strap on the side facing the other foot] (connected to) a sandal tore it retains its status of a Keli, and it is permitted to be moved, but if the outer strap tore, it is not considered a Keli anymore and it is forbidden to be moved. If one is in a Carmelis it is permitted to tie it to one’s foot with a fresh “Gemi” - an animal food, so that it will not fall off. If one is in a yard where it is safe, it is forbidden.
16. A laundered robe that is hanging on a Muktze stick which he inserted to hang and dry it, he may remove the robe from the stick, but to remove the stick from the robe is forbidden because it is not a Keili. If a Keili was inserted, it may be removed, even if it is melachto l’issur. If even one leg of an oven came out, the oven is Muktze. RAMA: the same applies to a long bench that lost one of its legs and all the more so if it lost two, it is forbidden to move and prop the bench on another bench and sit on it, even if it broke before Shabbos, [Terumat HaDeshen Seif 71] unless it was sat upon in such a fashion before Shabbos. [Beis Yosef] It is likewise forbidden to reinsert the leg because of ‘building’. [Beis Yosef].
17. Leftover construction bricks may be moved, because as of now they are not intended for use in construction, rather they are for sitting upon. However, if one stacked them up, it shows that they were set aside for future construction and are Muktze [i.e. it is forbidden to move them].
18. A splinter lying in a Reshus Harabim may be moved less than four Amos at a time. In a Carmelis it may be moved completely out the way, because we are concerned that the public might get hurt and Chazal did not introduce decrees where public welfare is at stake.
19. A tall attic ladder used to plaster the roof is forbidden to move, however a ladder used for reaching nests may be moved from one place to another but not from one nest to another, so as not to follow the weekday manner which might lead to capturing.
20. חריות, Palm branches cut for firewood, are Muktze and are forbidden to be moved. If they were sat upon a little before Shabbos, it is permitted to sit on them on Shabbos. All the more so if they were tied in order to sit on them or if one intended to use them for sitting on even during the week.
21. However, a mound of stones may not be sat upon, even if intended before Shabbos to sit on them, unless they were positioned. RAMA: Some authorities say that the same rule that applies to palm branches applies to stones, and it is the main ruling. (Mordechai, Perek Bameh Tomnin; Maggid, Perek 25 in the name of the R"if; and also as explained in the Rosh).
22. It is forbidden to cover the mouth of a barrel with a rock or with a block of wood, or to use them to shut a door, or to strike בברזא, on a spigot (a tube of a barrel), even if he planned before Shabbos to use them, unless they were permanently set aside for that particular use, but if they were set aside for only one Shabbos then not. This refers to an item not usually set aside for these purposes, like the cases mentioned, but for cases when they are normally used, for example: to crack open nuts, it is sufficient to set it aside for one Shabbos. There is an opinion that says that there is no difference, and there are opinions that say that one must physically prepare it before Shabbos. [See above, Siman 259, that setting aside is sufficient.]
23. It is permitted to cut a palm branch before Shabbos and wave it at the table to chase away the flies, since it was cut for a purpose, it becomes a Keili.
24. [The following laws apply to] combed flax and carded wool that are placed over a wound: if one thought about them on Friday to place them on wounds; or if one sat on them for an hour during the day on Friday; or one applied oil to them for the purposes of covering a wound; or if one bound them by spreading them out on the wound on Shabbat, there is no further concern regarding muktzeh. Regarding healing, this is considered like nothing more than something that is worn so that one does not scratch one's clothes [the wound]. There are those who say that it is not enough if this is the thought of an individual.
25. Dried hides, whether belonging to a craftsman or to a regular person may be moved. RAMA: There are those who say specifically animal hides which are rough for the purpose of sitting on them. But thin animal hides are forbidden unless he thought about sitting on them while it was still day (on Friday) [Rashi].
26. Boards belonging to a private person are permitted to be moved while those belonging to a craftsman are forbidden [to be moved]. It is permitted to move [a craftsman’s boards, however,] if while it was still day [on Friday, the craftsman] thought about [using them as a tray] on which to serve bread to guests on Shabbos or for any other purpose.
27. Bones that are fit for dogs, peels that are fit for animals and crumbs that are smaller than a k’zayis (olive's weight) may be removed from the table. If the peels are not fit for animals it is forbidden to remove them, rather one must tip the board and they will slide off. If bread is on the table as well, it is permitted to lift the board with the peels that are not fit for animals on top, because they are subordinate to the bread. If one needs the space the table is occupying, even if only peels that are not fit for animals are on the table, it may be lifted and carried away.
28. Bundles of wood and straw that were prepared for animal consumption may be moved, even if they are exceptionally large.
29. Anything suitable for common animals and fowl is not Muktze, but if it is only suitable for rare animals, then it depends: if he possesses those animals, it is permitted to handle the food which is fit for that animal, and if not (he does not possess that animal), then not (the “food” is Muktze). RAMA: accordingly, it is permitted to move bones, which are fit for dogs, that have separated from the meat before Shabbos, because dogs are common. [Beis Yosef not like the R"an].
30. Date pits are not Muktze where they are fed to animals, however, an important person should be stringent upon himself and refrain from moving them, unless moved in an unusual manner.
31. Raw meat, even bland that is unsalted, is not Muktze because it can be eaten raw. Also, if it is bloated it is not Muktze because it is fit for dogs.
32. A salted fish is not Muktze but an unsalted fish is, because it is unfit.
33. An amulet that has not yet been proven to be effective may be handled, even though it may not be worn outside.
34. Anything filthy like excrement, vomit and dirt etc., whether from humans or chickens or the like, if it is present in the yard where people gather, it is permitted to be taken out to the garbage or to the lavatory, even without the aid of a utensil. If it is found in a yard that is not used for living purposes, it is forbidden to remove it from there. However, if one is afraid a child might get dirty from it, one is permitted to cover it with a utensil.
35. Even though one is permitted to take out a potty and a night pan, nevertheless it is forbidden to bring them back inside unless water was placed inside them.
36. One may not place a Graf shel re’i (this is a vessel used for body waste) initially, which means that one may not place in one’s presence something which will become offensive, in order to remove it when it becomes offensive. If nevertheless, it was placed before him, it may be removed.
37. When one is incurring a loss, one may place one’s bed next to the Graf shel re’i and dwell there, so as to take out the Graf shel re’i.
38. One may bring soil into the house before Shabbos, place it in a corner and use it for whatever one desires on Shabbos, for example to take from the soil to cover filth or saliva etc. If it was not placed in a special spot, it becomes part of the floor of the house and is forbidden to handle. RAMA: Therefore it is permitted to remove fruit placed in sand, because that sand is not Muktze. [Beis Yosef in the name of Shibulei Leket]
39. It is forbidden to handle animals and fowl, but nevertheless one may place an overturned basket before chicks to enable them to go up and down (into their coop). It is forbidden to move it while they are on it.
40. It is permitted to assist animal and fowl to walk in the yard, namely one holds its neck and side and makes it walk, if the animal requires it. This is as long as one will not lift it in such a way that its feet will be off the ground, because it is Muktze and forbidden to be carried. Chickens may not be walked because they lift themselves off the ground, causing one to carry them, but they may be pushed from behind with one’s hands so that they will go inside.
41. A woman may walk her son even in a Reshus Harabim, as long as she does not drag him. He should lift one leg and place the other on the ground, all the while leaning on her until he lowers the leg he raised. In this manner, he is constantly standing on one leg.
42. One may touch a Muktze as long as one does not move even a small part of it. (This has already been explained in Se’if 3.)
43. One may move Muktze by blowing it. (This has been explained in the beginning of the Siman.)
44. One may not break off a piece of clay from a broken Keili with the intention to use it as a cover or for support.
45. One is forbidden to play with a ball on Shabbos and Yom Tov. RAMA: There are those who permit it, and the people’s custom is to be lenient. [Tosefos]
46. It is forbidden to carry silkworm eggs under one’s armpits, because they are forbidden to be moved since they are not fit for anything. Also, one’s body heat causes the eggs to hatch.
47. Some authorities prohibit handling a garment with Shatnez and others permit it.
48. It is permissible to carry a hand held fan on Shabbos in order to chase flies away.
49. It is permissible to handle brooms used to sweep the floor.
50. The Rashba permits handling an “ Itstrolobe” (astrolobe; this is an instrument used to observe and calculate the position of celestial bodies) on Shabbos, as well as science books. It is questionable whether it is permissible according to the Rambam.
51. An instrument called a “Uhrilozo that shows the time”, whether it is a sand one or another type, is questionable whether it is permissible to be handled. RAMA: The accepted custom is to prohibit it.
52. That which is Muktze for the rich is Muktze, and even the poor may not handle it.
Siman 309
1. One may lift one’s child who is holding a stone and it is not as if the parent is handling the stone. This is on condition that the child is yearning for his father, and if he does not pick him up he will become ill. This was permitted only when the child is holding a stone, but if the child is holding a Dinar (a type of coin), even holding the child’s hand when the child is walking on his own is forbidden, lest the Dinar drops and the father picks it up. Some say that Chazal only prohibited carrying a child holding the Dinar, but holding the child’s hand, even when the Dinar is in his hand is not an issue.
2. A basket with a hole that is plugged with a stone, may be carried, because the stone becomes part of the basket. The same applies to a pumpkin used for drawing water that has a rock tied to it to weigh it down; it may be carried if the rock is tied securely and will not fall, because it becomes one with the pumpkin. If it is not (securely tied), then it may not (be carried).
3. A basket containing fruit and a stone: if the fruits are soft fruits, such as figs and grapes, one may carry the basket as is, because if one were to spill the fruit they would get ruined. If the fruits are not the type to ruin, he must spill them out together with the stone, and not carry the stone with them. This is true when one only needs the fruits or the bowl, but if one needs the place of the bowl, it may be carried as is.
4. If one forgot a rock on the mouth of a barrel or money on a pillow, he may tilt the barrel onto its side so that the rock will slide off, and shake the pillow so that the money will fall off. If however, the barrel is situated amongst other barrels in such a way that he cannot tilt the barrel, he may lift it as is – with the rock, take it to another location and tilt it there so that the rock will slide off. If they were placed there with his consent, with the intention that they remain there for the onset of Shabbos, it is forbidden to tilt or shake it. Some authorities hold that even though they were placed there with the intention that they remain there for the onset of Shabbos, if one intends to remove them during Shabbos it is permitted to tilt or shake them on Shabbos. They only prohibit it when the intention is that they remain there for the entire Shabbos. RAMA: In such an event, even if the Muktze was subsequently removed from there, it is forbidden to handle the Keili, because once it has become a Basis le’davar ha’assur for part of the Shabbos, it remains Muktze for the remainder of the Shabbos, as it says in Siman 310. If someone placed Muktze onto someone else’s item, we do not say that it becomes a Basis le’davar ha’assur, because one cannot make someone else’s Keili forbidden without his knowledge.
5. That which we say that one is only permitted to tilt and shake is when one needs the actual barrel and pillow, but if one needs the space of the barrel and pillow and the tilting and shaking will obstruct one, they may be carried away together with the rock and with the money on them in order to vacate the space. [RAMA: It is likewise in Siman 310.]
Siman 310
1. The Laws of Muktze on Shabbos, containing 9 Seifim The stick used for hanging fish, even though it is extremely foul, is not Muktze, because we rule in accordance with R’ Shimon who holds that Muktze machmas mi’us is permitted.
2. No food item which is edible and picked (from a tree before Shabbos) is Muktze on Shabbos, because figs, nuts and other fruits that are for sale may be eaten on Shabbos. Even planted wheat seeds that have not yet taken root and eggs beneath a hen may be handled. Also figs picked when not yet ripe and placed within baskets to ripen may be eaten before ripening. However, figs and raisins placed in a room to dry are Muktze on Shabbos, because they reek before becoming dry, and because one knows they will spoil, one has removed one’s mind from them, and when there are two factors: physically put aside and unfit, they are Muktze. RAMA: Some say that there is no such thing as preparing what belongs to a gentile, and therefore even figs and raisins belonging to him are permitted. [Kol Bo, Seif 55; such is found in the R"an, end of Chapter 22; Yerushalmi]
3. Whether it concerns eating or handling an item, anything that was permitted during Bein Hashemashos and became unusable on Shabbos and subsequently was rectified on Shabbos, regains its original permitted status. If, however it was Muktze during Bein Hashemashos, it remains Muktze for the entire day.
4. Figs and raisins that had been put aside, but had already dried before Bein Hashemashos and are fit to eat, even though the owners did not know at the time that they were dry, and subsequently they discovered that by Bein Hashemashos they were dry, they are permitted.
5. Figs and raisins which are semi-edible, where some people would eat them while others would not, if they were prepared they are no longer Muktze, and if they were not they remain Muktze. If however, they are inedible and one prepared them, one’s preparation is null and void.
6. One may not place a Keili beneath an item which may not be handled because one causes the Keili to become Muktze which is an issur of Bittul keli meheichano. Nevertheless, one is permitted to cover it with a Keili as long as one does not touch it.
7. A bed which has money on it, or even if it does not have now but it had on it during Bein Hashemashos, is forbidden to move because of migo de’itkatza’i le’Bein Hashemashos, itkatza'i l’kulei yoma. [meaning, something that was Muktzeh during the time right before Shabbos started is Muktzeh for the whole of Shabbos] RAMA: Even for the sake of gufo (itself) or mekomo (its space). The same applies to any heter that has an issur on top of it. If the bed does not have money on it now, nor was it there Bein Hashemashos, it may be handled, even if it was reserved for money and money was placed on it before Shabbos, since the money was removed before Bein Hashemashos. RAMA: There are those who forbid it if it was reserved and money was placed on it, even though it was removed before Shabbos. (Tur, in the name of Rabbeinu Tam). Therefore it is forbidden to handle a purse even though the money was removed before Shabbos, unless something was done to it, i.e. it was opened from underneath and its function was changed. Such is the custom. However, to be moved le’tzorech gufo or mekomo is permitted. As for a pocket sewn onto a garment, since the garment is mainly used for wearing, if the money was removed one is permitted to wear the garment, because the pocket is inferior to the garment. If money was left inside, although the garment may be handled because we do not say that the garment is a Basis to the money, since the money is not on the actual garment, however it may not be worn on Shabbos lest one walks out with it, as mentioned above Siman 301 se’if 33. [Beis Yosef] See above Siman 266 regarding one who forgot a purse on one’s body on Shabbos. [Beis Yosef].
8. A Keili that has an item on it that is Muktze and an item that is not Muktze; it may be carried. For example: a scoop that has ashes on it from before Shabbos, which are permitted to carry to cover saliva or filth, when it has flakes of wood that are Muktze on it as well, it may be carried as is. This is true when the heter is more significant than the Muktze, but if the Muktze is more significant, then the heter is inferior to the Muktze and it is forbidden to carry. The grounds for this heter are because the ashes cannot be carried by themselves even if one were to tip them to the ground, [or because one needs the space of the scoop as explained above in Siman 309:3]. If one only requires the actual scoop one should not carry it as it is, rather one should tilt the ashes and the flakes of wood off in their place and take the scoop. RAMA: Also, if one is able to tip the Muktze, one should do so and not carry it together with the heter. [Beis Yosef in the name of the Teshuvas of the Rosh]. All of this is true when the heter was together with the Muktze before Shabbos, but if the Muktze was on it by itself, it does not help by placing the heter adjacent to it on Shabbos. [Beis Yosef in the name of the Teshuvas of the Rashba].
9. A box that has a non-Muktze item and money; if the money is not the main item, it is permitted to handle it as is, according to the regulations appertaining a scoop.
Siman 311
1. Laws of Corpses and Tiltul Min HaTzad, 9 Seifim: A corpse lying in a place where there is fear from fire, if bread or a child is available, he may be carried with them. If bread or a child is not available and he has two beds, he may relocate the body by tipping it from one bed to another, because it is Tiltul min hatzad, טלטול מן הצד (Indirect Movement). If he has neither, he may carry the body directly. All this applies to the carrying in the same domain. A corpse lying in the sun may be transferred from the sun to the shade in the same domain with bread or a child. If he has neither, it should not be moved at all even with the aid of two beds, because Tiltul min hatzad is classified as tiltul. See what can be done in se’if 6.
2. A dead body decaying in one’s house, and as a result is dishonored in front of the living and the living are dishonored by it, RAMA: Some say that even if it has not begun decaying but is liable to begin, (Beis Yosef in the name of the Tur, Rashi and the R"an) the body may be transferred to a Carmelis (quasi-public domain). If they have somewhere else to go, the body may not be removed and they must leave it where it is and go somewhere else. Some say that it may be transferred to a Carmelis only with bread or a child, and some say that if the intention is to transfer it to a Carmelis, it is preferred without the aid of bread or a child in order to lessen the (melacha of) carrying. There is an opinion that permits the transfer even to a Reshus Harabim (public domain) with a child but not with bread. Similarly if it is being degraded, for example it is on a boat and gentiles are gathering there etc. RAMA: One is also permitted to instruct a gentile to carry the body just as (it is permitted) with bread or a child. It is forbidden to transfer the body for the sake of Kohanim or for another reason, but some permit it using gentiles, and I have seen it practiced for the sake of a mitzvah or for a wedding.
3. There is an authority that holds that placing on top of the dead person a garment he is wearing is equivalent to placing bread or a child.
4. There is an authority that holds that a bread or a child are needed only for a unclothed body, but if it is clothed then they are unnecessary.
5. It is permitted to handle a body indirectly if one requires the space the body is occupying or an item the body is lying upon, because it is done for a permitted purpose. This is accomplished by tipping the body from one bed to another. Chazal only permitted using bread or a child with relation to a dead body and not with other muktze items.
6. If a body is lying in the sun and there is no alternate location to take him to, or they do not want to relocate him, two people come and sit on either side. When they feel hot underneath, one of them fetches a bed and sits on it and the other follows suit. When the heat oppresses from above, one of them fetches a sunshade and spreads it above him, and the other follows suit. One of them stands his bed upright and slips away and the other follows suit, the result being an automatic screen, since the sunshades are in proximity of each other with the bottom parts on the ground on either side of the body.
7. It is permitted to rub the body with oil, to wash it, to slip the pillow from beneath it so as to prevent it from decay, as long as a limb will not move. If his mouth is open, one may support it in such a way to prevent it from opening further, but not shut or partly shut what has already opened, because that would be moving a limb. That is the reason for not shutting the deceased’s eyes on Shabbos.
8. Indirect handling of an object for a permitted purpose is permitted. Therefore, a radish deposited in the ground with its leaves partially exposed, which has not yet taken root, which was deposited in the ground without intending to plant it, may be pulled out even though soil will move as a result, even though it grew from the ground’s moisture. RAMA: Even if it was placed there before Shabbos for the entire Shabbos, because food cannot become a Basis ledavar ha’assur. (Kol Bo) Moving Muktze with one’s body is permitted even when moved for the sake of the Muktze. Therefore, straw spread out on a bed, which is usually used as fuel for fire, may be moved with one’s body. If pillows or sheets were placed above the straw before Shabbos it may be handled directly, because it was prepared before Shabbos for lying on. RAMA: The same applies if one had in mind to lie on it.
9. Fruit stored within straw and chaff that are Muktze may be extracted by inserting a needle or spit into them, while the straw is shaken off by itself. RAMA: If stored in sand and earth, see above Siman 308 se’if 38.
Siman 312
Siman 313
The laws of moving a door and a window and the lock on Shabbat. And there are ten sections in it: 1.The window plug, such as a board or any other thing that blocks the window, can be used to block it even if it is not tied, and we do not consider it as adding to a building; as long as he had in mind on Friday night to use it for that purpose. And a reed that was designated to be used as a lock does not need to be tied to the door but it is more similar to building than a window plug, and having it in mind from yesterday is not sufficient, and he needs to designate it for that use. According to Rashi, this means that he designates it for the sake of a utensil that is fit for some use, such as turning olives with it or cracking nuts with it. And according to R"T, there is no need for it to be fit for something else, but since he designated it and did an action and prepared it for that use, it is sufficient. Rema: And by doing so, it is considered a utensil whose function is permitted, and it is allowed to move it as explained above in section 308 paragraph 2 (Beit Yosef and Rambam). And for a carpenter’s peg, which is used to lock with it and inserted into a hole below and is more like building this is not enough, and one may not lock with it unless it is tied. And how should it be tied? If there is a knob at its head, which means that it is thick at one of its ends and fit for crushing with it, which makes it similar to a utensil, then it is enough even if it is tied with a thin rope that is not fit for carrying with it, and even if it is not tied to the door itself but to the door bar, and even if the rope is long and not hanging at all in the air but all lying on the ground. And if there is no knob at its head, if it is tied to the door itself, then it is enough even with a thin rope that is not fit for carrying with it, and even if all of it is lying on the ground. And if it is not tied to the door but to the bar, then it needs to be a strong knot that is fit for carrying with it, and even so, it does not need to be hanging but even if all of it is lying on the ground, then it is permitted because there is no prohibition unless when they drop it and place it in a corner:
2. The rule of any carpenter’s peg that we mentioned applies only when the threshold is high enough that when he sticks it into the hole it does not penetrate the earth, but if the threshold has been lowered so much that when he puts the carpenter’s peg in the hole it digs into the earth underneath it, then this is a form of building and it is prohibited to lock with it on Shabbat.
3. A courtyard that is behind the houses, that is not used frequently for entering and exiting, if he made a door for its opening or hung a reed mat on it, and also a gap that he enclosed with thorns like a door, if they have a hinge (meaning a hinge that goes through the door and has a sharp piece of wood attached to it that can be inserted into the ground to swing back and forth), or even if they do not have a hinge at present but they used to have a hinge, one may lock them even if they scrape the ground as long as he tied them and suspended them for locking with them and this is not regarded as building, since it is evident from them that they are a door since they had a hinge. Rema: And certainly if they still have a hinge; but he should not put back the hinge in its place, as will be clarified later in section 519 (Beit Yosef). But if they do not have a hinge and they never had a hinge, one may not lock them unless they are raised from the ground; and an opening that is made for regular entering and exiting one may lock with it, even if it never had a hinge and it scrapes.
4. A door made from a single piece of wood or if there is no door- step beneath it and when the door is opened it is removed entirely, one may not lock it even if it has a hinge. Rama: A door made from multiple pieces of wood may be locked even if, when opened, it is removed entirely as long as there is a doorstep. The same is true when a door is locked with numerous boards and there is a groove on top and the bottom into which the boards are inserted; it is treated like a door since it is not comprised of a single board.
5. Regarding a carriage, box and closet that open from the side and have hinges on top and below, if the bottom hinge became dis- lodged altogether it may not be replaced out of concern that he will insert it firmly but if it became dislodged partially one may push it until it falls back into place. The reason is that since the upper hinge remained in place one can easily replace the bottom hinge. When the upper hinge becomes dislodged one may not even push it back into place.
6. It is forbidden to reassemble and to tighten a detachable bed on Shabbos, and if one tightens it tightly he is liable to bring a Korban Chatas. However, if it is (normally) slack it is permitted (provided that one does not tighten it). It is permitted to assemble and separate on Shabbos parts of a cup made of different pieces. However, there is an opinion that says that a cup has the same rule as the bed. RAMA: If usually tightened, it is forbidden to reassemble even loosely.
7. A broken beam may be supported with a bed frame, which is a Keili, but not to elevate the beam, because that would be Boneh (building), rather to prevent it from falling further. This is provided that it is loosely placed enabling its removal, but wedging it in place is forbidden.
8. It is forbidden to reinsert a bench’s detached leg, and one authority holds that to lean the detached side onto another bench is forbidden (see above Siman 308).
9. Joining pieces of wood, whether joined with a nail or wedged into each other, is a Toldah of Boneh.
10. It is permissible to scatter straw in a rain-flooded yard and it is not considered adding to the ground, provided that it is done in an irregular manner, i.e. that it is not thrown from a basket or bag, rather using the bottom of the bag by overturning it and placing the straw on its underside, in other words with a change from the norm, but using one’s hand is forbidden.
Siman 314
1. Construction and demolishing do not apply to Keilim which are not themselves a complete construction, for example a barrel RAMA: (that does not hold 40-se’ah)made of pieces bonded together with pitch, may be broken in order to take out what is inside, provided that one does not intend to cut a fine hole that will be used as an opening, because then it is called making a Keili. If it is a perfect article it is forbidden to break it even if one does not transform it into a Keili. It is forbidden even to create a small hole and a new hole may not be widened. RAMA: provided that one intends it. (Mordechai) If a knife was wedged into the barrel before Shabbos it is permitted to withdraw it and replace it because one does not intend to widen it. RAMA: As long as it was extracted once before Shabbos, but if not it is forbidden because surely it will be creating a hole and an opening to the barrel. If one is permitted to break a piece off a broken Keili, see Siman 308:44.
2. If a barrel’s outlet became clogged (it will depend): if the hole is adjacent to the dregs it is forbidden to unclog it, because due to its low position and it having to bear the weight of the wine it is considered fully sealed and reopening it is akin to creating a new hole. If it is above the dregs it is permitted to unclog it.
3. It is even permissible to use a drill (a hand tool - used for making holes) to reopen a sealed hole, for example when the cork is broken. Others say that one is only permitted to reopen an old hole in a clay barrel where the seal is not so tight, but in a wooden barrel where the hole is sealed and the stopper is sawed off with the intention never to be extracted, it surely appears as if a new hole is being fashioned and is forbidden.
4. One is permitted to use a stopper to knock out another stopper stuck in the barrel in order to drink the wine on Shabbos. RAMA: as long as the original stopper is not next to the dregs, as written in se’if 2. (Beis Yosef in the name of the Shibulei Leket)
5. It is permissible to insert a hollow piece of cane wood (into a barrel, or a stopper) in order to draw wine even though it was never there before. However, it is forbidden to insert a myrtle leaf into a barrel hole where the leaf is shaped like a spout and the wine flows over it. This is because Chazal were afraid one might fashion a spout for the wine flow over and further out, because when taking a myrtle leaf and folding it into the shape of a spout, it appears as if one is making a spout; unlike the cane or the stopper which are not modified. RAMA: Some permit using a myrtle leaf when one has many that are already detached, as there is no fear that one might pick one. (Rosh and the Tur)
6. One is permitted to slash the top of a barrel with a sword because one does not intend to make an opening since he is removing its top. However, to bore a hole either into the side of the barrel or into the lid is forbidden, even if it is bored with a dagger which forms a large hole and does not look like an opening. Nevertheless, since it is in the side [of the barrel] the intention is clearly to create an opening. One is permitted to bore a hole through the top of the lid because the intention is not to create an opening, as it is abnormal to make an opening on its top, because usually the lid is just removed.
7. The ropes that seal the various types of container covers may be untied, or slashed with a knife or unraveled. This only applies to rope and its sort, but as for wooden or metal clasps it is forbidden to take apart or to break, because total demolishing applies to Keilim as well. Therefore it is forbidden to remove the hinges called “gonzish”, which are on the back of a chest when the key is missing. Yet there are those who permit this. As for breaking the clasp of a chest, there is an opinion that permits it and an opinion that forbids it, and it is permitted through a non-Jew.
8. The rope tying the lids of baskets filled with dates and figs may be untied, unraveled or cut even using a knife. Even the basket itself may be slashed because it is comparable to cracking open nuts or almonds in order to retrieve the food within.
9. It is permissible to unravel or sever the string that is used to tie a lamb or chicken to the skewer.
10. Ropes that seal lids covering pits and caves, for example, the lid of a pit that is tied with a rope may be untied, because it is not a permanent knot as it is intended to be untied. It may not be unraveled or slashed because of Demolishing, סתירה. However this is true only if it is sealed with the intention that it not be opened on Shabbos, but if not intended to be permanent at all it is permitted. For this reason it is permitted to remove the board placed in the mouth of an oven and sealed with clay, because it is not intended to be permanent.
11. It is forbidden to insert wax or thick oil into a hole in a barrel because one will be smoothing (the Aruch explains that oiling, smearing, plastering, spreading and smoothing are conceptually similar), but other objects that are not subject to smoothing may be inserted because the wine is not escaping just then. If the wine is escaping from the hole it is forbidden to stop it up. Even inserting a piece of garlic in an illusory manner by way of saying that one’s intention is merely to store it there is forbidden. If one is a learned person one may pretend in that manner.
12. A knife wedged before Shabbos into a wooden wall is forbidden to be extracted on Shabbos because it is in something attached to the ground, but it is permitted to extract it if it is wedged into a bench or any other movable object. RAMA If it was extracted and replaced before Shabbos it is permitted (Beis Yosef), see se’if 1.
Siman 315
1. It is forbidden to erect a tent on Shabbos and Yom Tov even if it is a temporary one. However this refers to the cover, but the partitions are permitted. A partition is forbidden only when it is erected to permit a Sukkah or to permit carrying. RAMA: A partition erected for privacy is permitted (Tur), therefore it is permitted to hang a curtain in a doorway even though it is 1) permanent (Beis Yosef), 2) and a Paroches in front of an Aron Hakodesh, provided that one does not form a cover a tefach wide (Beis Yosef; Kol Bo). It is likewise permitted to erect a partition against the sun or cold, or in front of candles so as to prevent the wind from extinguishing them (Mordechai). It is 3) forbidden though to erect a partition before a candle in order to have a relationship, or before holy books in order to have a (2) relationship or to defecate, unless it was expanded a tefach before Shabbos, for then it is permitted to add to it on Shabbos. (Mordechai)
2. Beams of wood stretching from one side of a boat to the other, if they are a tefach wide, or even if their width is less than a tefach but they are placed within three tefachim of each other, it is classified as a tent and is permitted to be covered with tarpaulins on Shabbos because it is a temporary addition. For this reason it is permitted to add the remainder of a covers onto a cover that is already a tefach open. The tefach they were referring to is besides the spool.
3. When setting up a bed, it is forbidden to place the legs first and then place the boards above them, rather one must first hold the boards in the air and place the legs beneath them. However, this applies to legs which comprise of boards similar to the walls of a box, but the legs of our beds and regular table legs may be placed in any manner seen fit.
4. A bed interlaced with ropes, if there is a gap of three tefachim between each rope it is forbidden to spread a sheet over it because one is making a tent, and likewise it is forbidden to remove the bottom sheet because it is dismantling a tent. If there was a pillow or a cover or a garment spread a tefach wide before Shabbos it is permissible to continue and cover the entire bed.
5. A chair comprised of different sections and in order to sit on it one opens the chair, which in turn unfolds its leather, and when its use is terminated it is closed and its leather folds, is permissible to open initially.
6. When arranging barrels on top of each other in such a way that one is above two, one should hold the top one in the air and place the bottom ones below. However one should not place the bottom barrels first and then place the top one above them.
7. One is permitted to place a book on one side and a book on another side and a book on top of them. RAMA: because the space is not needed. (Tur; R"an)
8. Any tent which is slanted so that it is not a tefach wide at its top, nor a tefach wide within three tefachim to its top is a makeshift tent, and one who erects it on Shabbos is patur (exempt).
9. A strainer positioned in order to strain dregs whose mouth is stretched in all directions is considered tent-making, and is therefore forbidden to set up.
10. A folded cloth which has strings attached before Shabbos may be spread out and dismantled, and the same applies to a screen.
11. A Choson (wedding) canopy which is not a tefach wide at its top, nor a tefach wide within three tefachim to its top may be erected and dismantled, because it is preset to do so, provided that it does not drape down a tefach below the bed.
12. When hanging up a curtain and the like, care must be taken that the curtain does not form a tent at that time. Therefore, two people are required to hang up a big curtain; one person is forbidden. Even ten people may not erect a canopy with a roof because it is impossible to prevent the canopy from rising a bit off the floor and creating a makeshift tent.
13. A barrel must not be completely covered with a cloth because of Ohel, rather a small area must be left uncovered. This only applies if there is a space of a tefach (between the cover and the contents), but if there is not a space of a tefach it is permitted, because an Ohel is not formed.
Siman 316
1. When Trapping an Animal Is Forbidden on Shabbos and When It Is Permitted, 12 Seifim: 1. A person who traps a sparrow in a cabinet into which it flew, and other birds, and a deer in a house or a roofed coop and they are trapped in there, is liable. If it is not trapped in there, one is exempt, although it is forbidden.
2. One who traps a deer that is sleeping or blind is liable. If it is lame, sick or old one is exempt. RAMA: A person who sends out a dog to hunt a game animal on Shabbat - this is considered trapping Kol Bo). There are those who say that even during the week it is forbidden to do this with a dog for this is conduct befitting “a company of scoffers.” [Note: See Tehillim 1:1. As that verse indicates, this is considered as undesirable conduct. Torah Law strongly frowns upon, and according to some views, actually prohibits, hunting for the sake of sport.]
3. One is liable for trapping a species that is usually hunted, and it is Rabbinically forbidden to trap species that are not usually hunted. Therefore it is forbidden to trap flies even though they are a species that are not hunted. RAMA: Accordingly one must be careful not to shut a small box or close a Keili with flies inside on Shabbos, because it is a Pesik Reisha that they will be trapped within [Ba'al HaTerumah; Mordechai]. [Note: a pesik reisha (Lit. cutting off the head) is an action that ordinarily would be permitted but which will definitely cause as an unintended side effect an action that would be forbidden]. There are those who are lenient in circumstances where upon opening the Keili to grab them they would escape. [Tur]
4. It is permitted to spread a mat over a beehive provided that one does not intend to trap and the circumstance is such that it is not certain that they will be trapped, thereby not being a Pesik Reisha.
5. If a deer entered a house and a person bars the way, he is liable. If two people bar the way, they are exempt. If one person is incapable of barring the way and two people bar the way they are both liable. RAMA: If the door is already shut it is permitted to lock it. [R"an; the Maggid]
6. If a person is filling the doorway, another person is permitted to sit beside him, even if eventually the first person gets up and leaves; the second person is not liable, rather he is permitted to do so; however the first person is liable.
7. Trapping snakes and scorpions on Shabbos or any other dangerous creatures: if for medicinal purposes – one is liable; if to protect oneself so as not to get bitten – it is permitted.
8. Regarding the Eight Sheratzim mentioned in the Torah {a rat, a mouse, a Tzov, a ferret, hedgehog, chameleon, lizard, snail and mole}, one who captures or bruises them is liable even though they did not bleed externally and the blood only accumulated beneath the skin. With regard to other reptiles, one is liable for beating them, only if there was external bleeding. One who captures them for a purpose is liable and one who captures them for no purpose or for no specific reason is exempt but forbidden to do so. The Rambam holds that one is liable.
9. A flea, which is called a Bargut in Arabic, may not be captured unless it is on one’s body and is biting, however, it may not be killed. RAMA: Furthermore, he should not squash it between his fingers for fear that he might kill it. Rather he should take it with one’s hand and throw it away. [R' Yerucham] Lice however may be exterminated. When cleansing one’s clothes from lice he must take care not to kill them, rather he may squash them and throw them away. When cleansing his head he is permitted to kill them.
10. Any animal or reptile whose bite is definitely deadly may be killed on Shabbos even if they are not chasing anyone. Other harmful animals, such as a snake or scorpion, in an area where they are not deadly, if they are chasing someone they may be exterminated and if not it is forbidden. However one is permitted to squash them in a mindless fashion, even when intending to do so, provided that one exhibits that one is not doing it intentionally.
11. One is forbidden to rub saliva 24) on the ground with his foot because he is smoothing the crevices. However one may step on it in a mindless fashion as his intention is not to smooth the crevices and even though it will happen, it is nevertheless permitted because it is repulsive.
12. Domesticated animals and fowl may be trapped provided they do not resist, for if they resist they are forbidden to be trapped even in a yard, when the yard’s measurements are such that had the animals not been raised among humans one would have needed a trap to catch them. RAMA: Some authorities are of the opinion that one is forbidden to trap domesticated animals and fowl, yet if one trapped them he is exempt [Hagahos Alfasi]. If however a cow or horse and all the more so other wild animals and fowl that resist capture, one who traps them is liable to bring a Chatat sacrifice. This is the main opinion to follow [HaMagid]. A cat is in the same category as other wild animals and may not be trapped on Shabbos. [Hagahos Alfasi]
Siman 317
1. The Laws of Tying and Knots on Shabbat, 7 Seifim: One who ties a permanent, craftsman’s knot is chayav. For example, the camel riders knot, the sailors knot and the knots tying shoe and sandal straps tied by the leather workers when manufactured etc. However, one who ties a permanent knot that is not a craftsman’s knot is patur. RAMA: There are those who disagree and say that one is chayav for tying a permanent knot even if it is a layman’s knot. [Rashi; Rosh; R' Yerucham; Tur] Others say that any knot that is not intended to be opened that very day is called a permanent knot. [Kol Bo, etc] Others are lenient and say that a knot tied for less than seven days is not called a permanent knot. [Tur; Mordechai] One is initially permitted to tie a knot, provided it is neither a permanent nor a craftsman’s knot. RAMA: The same rule applies to untying a knot as with its tying (Tur). How is this applied? If one’s strap tore and one tied it, or if a rope snapped and one tied it, or if one tied a rope to a bucket, or if one tied an animal’s rein one is patur. The same applies to all such knots which are simple but made to last. Any craftsman’s knot tied temporarily is forbidden (but not chayav). Tying a temporary knot for the sake of a mitzvah is permitted, for example in order to measure a halachic requirement. RAMA: Some say that one should not untie any double knot, because we are not certain as to the definition of a craftsman’s knot and even such a temporary knot is forbidden to tie or untie and such is the custom. (Hagahos Alfasi) Nevertheless when it causes distress it may be untied, being it just a rabbinical prohibition and when distress is involved Chazal did not impose a prohibition. The prohibition of a double knot applies to the tying of two ends but tying a single knot in the same string or thread is equivalent to tying a double knot. (Sma"g)
If the shoe or sandal straps slipped out, or if the major part of the shoe covering his foot slipped out, one is permitted to reinsert the straps provided that one does not tie the straps in place. RAMA: This is on condition that one can reinsert them with ease, but if it requires effort it is forbidden in case one ties them. (Tosefos; Rosh)
3. It is permissible to untie the strings in the neck-hole tied by the launderer but it is forbidden to untie the strings for the initial use, because it is making a Keili. RAMA: Even if it had been untied before but was later tied or sewn back together like craftsmen do. (R' Yerucham). It is (therefore) forbidden to sever or cut a pair of shoes that are professionally stitched together even though the stitching is not permanent, because there is no difference between a permanent stitch and a temporary one. (Hagahos Mordechai) There are those that permit (cutting or severing) a non-permanent stitch, but it should not be done in front of a simple person. (Beis Yosef).
4. One is permitted to tie a bucket with a belt or strap etc., but not with a rope. This is true for the buckets permanently used in a well. However, our buckets which are not used permanently for the well – are not permanent knots.
5. A bow is permitted because it is not a knot. RAMA: even if one ties a single knot beneath it we are accustomed to permit it.
6. One is permitted to tie a rope to pen in a cow even when tied to both sides of the opening and we are not afraid lest one unties one end and lets the animal out on that side and leaves the other end tied.
7. It is permissible to handle a weaver’s rope to tie a cow to a trough and we are not afraid lest one unties one end and leaves the other end of the rope tied, but not a regular rope. This is true when tying the rope to the cow and to the trough, but if it was already tied to the trough and one wants to tie it to the cow or if it was tied to the cow and one wants to tie it to the trough all ropes are permitted.
Siman 318
1. One who cooks food on Shabbos [or performs any one of the other forbidden acts on Shabbos][Tur]; if done intentionally, the food is forbidden to eat forever, but other people are permitted to eat the food immediately after Shabbos. If done accidentally the food is forbidden to him during the day but may be eaten by everyone, including him, immediately after Shabbos. [If one ordered a non-Jew to perform a Melacha for oneself on Shabbos, see above Siman 307 se’if 20].
2. A healthy person may eat raw meat (on Shabbos) from an animal slaughtered on Shabbos for the sake of a (critically) ill person, regardless of whether the person was ill before Shabbos or became ill on Shabbos. However, if one cooked food (or performed any other Melacha) for a (critically) ill person, it is forbidden (on Shabbos) for a healthy person or for an ill person (who is not critically ill) to eat that food, because we are afraid that additional food will be cooked for people other than the sick. RAMA: Even if a gentile cooked the food; it is forbidden to be eaten on Shabbos (by people other than the ill). (Tosefos, Ran). It is forbidden for a healthy person to eat fruit that was picked on Shabbos for the sake of the ill even if he was ill before Shabbos, because the fruit continues to grow on Shabbos and is Muktze. (Beis Yosef in the name of Orchot Chaim).
3. Just as it is forbidden to cook with fire, it is forbidden to cook with Toldas ha’ur (translation: Items that were on the fire), for example: to roast an egg by placing it beside a pot (hot from the fire), or to crack an egg over a garment heated on the fire. It is even forbidden to cook with Toldas hachama (translation: Items that were heated from the sun), for example: a garment hot from the sun, for fear that one will cook with Toldas ha’ur. It is also forbidden to place (the egg) inside sand or dust heated by the sun, but it is permitted in the sun itself, for example: to heat an egg by placing it in the sun, or to heat water by placing it in the sun.
4. Food fully cooked which has cooled down may not be reheated because of the Melacha of Bishul (cooking). RAMA some hold that this is only if the food is Mitztamek ve’yafe lo. [R' Yerucham] Food not fully cooked, even if cooked to the degree of Ma’achal ben Derusa’i and even if the food is hot, is nevertheless forbidden to cook any further. The reheating that is forbidden, only applies to food with liquid, but a cooked food item that is a solid (has no liquid), may be immersed in hot water on Shabbos. A solid food item that has not been cooked before Shabbos, may not be immersed into hot water on Shabbos, but one may pour hot water over it on Shabbos, with the exception of aged salted food and a fish called “Kulias ha’ispanin”, which do not require much cooking, and by pouring water over them one completes the Melacha. RAMA: This rule applies to all hard foods that cannot be eaten without first marinating them. Therefore one may not soak them (in hot water) on Shabbos, as it is a completion of a Melacha. [Ha'gahot Mordechai]
5. There is an opinion that an issur of Bishul (cooking) will be violated if a baked or roasted item is subsequently cooked in a liquid. It is therefore forbidden to put bread even in a Keli Sheini [liquid] that is Yad soledes bo. (However), there are opinions that permit it. RAMA: (to be placed) into a Keli Sheini. There are those who are lenient and allow it to be placed even in a Keli Rishon. The accepted custom is to be careful not to put bread even in a Keli Sheini while it is Yad soledes bo.
6. A vessel that has something warm in it, to the point of Yad Soledet Bo, is permitted to be placed on an insulated pot on Shabbos so that it maintains its warmth and does not become cold. You may seal it with dough, if you have dough which was kneaded the day before. But we may not place a vessel that has in it something that is not so warm on top of a pot that is slightly warm, because the top one may warm up from the heat until it is Yad Soledet Bo.
7. There are commentators that permit placing a vessel that has something hot inside it on an insulated pot even if the bottom vessel is on the fire. And there are commentators who say that if the bottom pot is on the fire, it is forbidden [to do so].
8. There are those who say that to place something cold, that is cooked all the way, on a warm vessel that is on the fire - the law is the same as placing something next to the fire. And everything that is permitted to be placed next to the fire, in a place were it is Yad Soledet Bo, such as something dry, is permitted to be placed on top of something warm that is on the fire. There are those who say that if you place something on the Kirah initially it is forbidden, even if the food is cooked all the way and even if cooking it further will make the food worse; even if you placed it there to retain its heat and it seems to be your main purpose. In all cases, if it is a dish that has gravy and by cooking it further it will make the dish better, it is forbidden according to all.
9. A Keli Rishon (the cooking vessel one uses on the fire) has the ability to cook even after having been removed from the fire, as long as it is Yad soledes bo, therefore, it is forbidden to add spices to it. However salt may be added once it has been removed from the fire, as salt requires cooking as much as beef. There is an opinion that forbids placing salted meat into this keli even if it is beef. RAMA: It appears to me that even unsalted meat is assur (to place in a Keli Rishon) but he mentioned salted meat because otherwise it is forbidden due to blood within. There are those who hold that it is forbidden to put salt even into a Keli Sheini as long as it is Yad soledes bo, and one who is stringent shall be blessed. (Tosefos; Mordechai Perek Kirah) If one deliberately transgressed and put salt into a Keli Rishon, even if it is on the fire, the food may be eaten because the salt is batel (nulified) by the food. (Beis Yosef in the name of Shibulei HaLeket)
10. It is forbidden to place spices into a plate and pour hot water over them from a Keli Rishon.
11. The bathtub of a bathhouse, which is full of hot water (even though it is a Keli Sheini) [Tosefos, the Rosh and the Tur] one may not add into it cold water because its waters are extremely hot. However, one may pour hot water from this tub into another tub containing cold water.
12. A hot water urn that has been emptied may have (a large amount of) cold water poured into it in order to warm the water. It is permissible to pour hot water into cold water or to pour cold water into hot water as long as they are not in a Keli Rishon as the water there is very hot. RAMA: If there is a large amount of water (being poured into the hot) to the extent that the water will not get cooked, instead the water will merely lose its chill, and it is permitted (to do so) even into a Keli Rishon as long as it is not on the fire. [Tur]
13. One is permitted to place a container of water or other liquids into hot water which is in a Keli Sheini but it is forbidden when it is in a Keli Rishon.
14. One is permitted to place a container of water or other liquids next to a fire in order to remove the chill, as long as the container is distanced from the fire in such a way that it will not reach Yad soledes bo, the degree that would scorch a baby’s stomach. However, it is forbidden to place it so close to the fire where it could become Yad soledes bo even when he one intends to leave it there only for a short while, since it can become cooked there. RAMA: The same rule applies to fruit or other food items which can be eaten raw. (Mordechai, Perek Kirah and see above Siman 254).
15. One is permitted to place fully cooked dry food, with no liquid, near a fire, even in a place that is Yad soledes bo, RAMA: even if it is now cold, but if it is hot, even if liquid is present it is permitted. Some authorities are lenient and say that even if the food has cooled down it is permitted to place next to fire, as long as it is not placed above a fire or Kirah. (HaMagid, Perek 22). The custom in this matter is to be lenient as long as it has not completely cooled down, as I have written in Siman 253.
16. It is permitted to place an Empanada [this is a type of layered bread with slivers of fat within] close to fire in a place that is Yad soledes bo even though the congealed fat within will melt. RAMA: all the more so a pot that has congealed gravy inside [may be heated], for when the fat melts it is unnoticeable. (Rabbeinu Yerucham). Some authorities are stringent (R"an, Perek Bameh Tomnin), and that is the custom. However, when necessary one may rely on the first opinion.
17. It is forbidden to place a cold food item (above a hot urn) even for the sake of warming, if the urn is hot to the point that if the food would be left there it would cook, which is the degree of Yad soledes bo. The rule of placing (food) above a hot urn is comparable to the rules of placing (food) near a fire. If the urn is not so hot, it is permissible.
18. One may not spoon food from a cooking utensil or pot removed hot from the fire if the food is not fully cooked, because it is stirring. But if fully cooked it is permitted. However, wool in a dying tub (also hot), even if the wool is already dyed, is forbidden to stir (i.e. to stir with a spoon). RAMA: Initially one should be careful (not to spoon food) even from a pot of food in all circumstances. [Piskei Mahar”i Weil, known as the Mahariv]
19. It is forbidden to baste a roast with oil or garlic while near a fire, even if it was roasted before Shabbos, because the garlic and oil will cook.
Siman 319
1. One who sorts food from refuse, or if there were two food types placed in front of him and he sorts one from the other - with the aid of a sifter or strainer he is chayav (liable); with a cone or dish he is patur (not liable) but it is forbidden to do so, but if he sorts it with his hand in order to eat it immediately it is permitted. RAMA Whatever one separates for a meal he is immediately about to eat, is called “for immediate use” (Heb. לאלתר). [Hamagid; the R"i; Beis Yosef; Tur; the Rosh] Even when others are eating with him it is permitted. [Tosefos] Therefore it is permitted to separate the (good) leaves of a vegetable called lettuce from the moldy ones that one requires for the upcoming meal. [Beis Yosef Siman 321]
2. One who sorts food from waste by hand for later use, even for later on that day, is as if one is sorting for storage, and is chayav.
3. Two foods that are mixed may be sorted from each other and one may place (the other food in order) to eat immediately. RAMA: Two kinds of fish are categorized as two types of food and one is therefore forbidden to sort one from the other unless done by hand to eat right away. This is even if the pieces are large and each one is noticeable by itself. If however the pieces are all one type even if one sorts the big pieces from the small it is not called sorting. Even when two types are mixed and one sorts both together the big from the small or vice versa it is permitted because one is not sorting one type from another. [Terumas Hadeshen]. If one sorted and left it for later, even for that same day, for example in the morning in order to eat in the afternoon, one is chayav.
4. One who separates waste from food even with one hand is liable. RAMA: Even if there is more food (than waste) and it is more arduous to remove the food, nevertheless one must not remove the waste even if eating is imminent. (Beis Yosef).
5. One who separates Lupine from within its waste is liable because its waste sweetens them when cooked together, and it appears as if one is removing the waste from the food.
6. It is forbidden to separate through rubbing, yet one may rub with a modification; a small quantity with the tips of one’s fingers. RAMA: Even though one is separating the food from the stalks; but since it is done in a backhanded manner in order to eat it, it is permitted. Yet there are those who are stringent [Mordechai; Ra"n] and therefore it is forbidden to shell almonds or big nuts from their green shells (Mahar"il). It is correct to be stringent because it is possible to eat without shelling.
7. Food peeled before Shabbos must not be sifted with a cone (which Rashi explained to be a utensil whose one end is wide and the other is in the form of a spout. Legumes are inserted into the wide end, and shaking causes the food to roll out the spout and the refuse to remain inside) or with a plate (a large plate), or with both hands. One may sift using one hand with all one’s strength.
8. It is forbidden to soak Karshinim i.e. to soak them with water in order to remove the refuse. It is also forbidden to rub the Karshinim with one’s hand (when already in the water) to remove the peel because it is akin to borer. However one is permitted to place them inside a sieve even though the refuse slips out between the slits in the sieve.
9. It is forbidden to put dregs inside a strainer even when the strainer was hanging in place before Shabbos; but if the dregs were put inside before Shabbos it is permitted to pour water over them until the water becomes clear.
10. Clear wine and water may be filtered through a strainer RAMA: even if there are thin slivers of wood because it is drinkable as it is (Sma"g), but not through garments because of laundering, however wine and other liquids are permitted. If the liquid is opaque, be it wine or water, it is forbidden to strain. According to the Rambam it is forbidden to filter through a strainer whether clear wine or water and only clear liquids are permitted through garments, not opaque liquids. A barrel of wine directly from one’s vineyard may be stirred and poured through a garment as long as it is bubbling (it looks as if it is boiling).
11. When straining wine through a garment one must take care not to form an indentation in the cloth to collect the wine, because there must be a deviation from a weekday.
12. Whenever a garment is permitted to be used for straining wine, an Egyptian basket (made from types of reeds) may be used as well. However, one must take care not to raise the basket more than a tefach from the bottom of the Keili in (order to deviate from a weekday.
13. One must not wedge straw and splinters into the mouth of the Keili that is used for pouring wine from a barrel, because it makes a perfect strainer.
14. It is permitted to pour slowly from one Keili to another as long as one ceases pouring when he notices that it stops flowing and begins to trickle from within the waste. If one does not cease, the trickling will be a noticeable act of separating. (It is permitted to raise the Keili onto something to enable the wine to flow more freely). (Rokeach; Beis Yosef).
15. A strainer that has mustard placed inside it to strain may have an egg put inside even though the yolk falls through with the mustard and the albumen remains in the strainer.
16. Water with worms may be drunk through a cloth on Shabbos because Borer and Meshamer only apply when separating prior to eating or drinking, but while actually drinking it is permitted to block the refuse from entering one’s mouth because it is not similar to the Melacha at all.
17. Churning (extracting butter from milk) is a Toldah of Borer and therefore although one may put sesame and nuts into honey he must not churn them with his hand (see Siman 340:11). RAMA: One who spits into the wind on Shabbos and the wind disperses the saliva, is liable for Zoreh – Winnowing. [Mahar"il in the name of Or Zarua; Yerushalmi]
Siman 320
1.The Laws of Squeezing on Shabbat, 20 Seifim: It is forbidden to squeeze olives and grapes on Shabbos (see above Siman 252:5) and if the juice seeped out by itself it is forbidden even if the fruit is intended only for eating. It is forbidden to squeeze berries and pomegranates and if the juice seeped out by itself, it depends, if they are intended for eating, then the juice is permitted and if it is intended for squeezing, then the juice is forbidden. It is permitted to squeeze all other fruit. RAMA: In a place where certain fruits are squeezed for their juice for drinking purposes, either to quench thirst or for pleasure, they share the same status as berries and pomegranates. If however they only squeeze them for medicinal purposes it is permitted. [Beis Yosef]. The prohibition applies only to squeezing; however it is permitted to suck juice from grapes with one’s mouth and all the more so other fruit. [Beis Yosef in the name of the Shibulei Leket]. There are those who prohibit sucking grapes etc. [Hagahos Maimoni]
2. It is permitted to drink juice that has seeped out from olives and grapes that were already pressed before Shabbos. Even when grapes were not pressed before Shabbos, if they are placed inside a vat full of wine and the grapes burst open on Shabbos into the vat it is permitted to drink the wine on Shabbos, because the wine seeping from the grapes is negated in the wine already in the vat.
3. Grape peels and seeds that had water poured over them in order to make a wine drink, one may draw the wine and drink it, and even if one did not pour water and the wine seeps out by itself, one is permitted to drink it.
4. One is permitted to squeeze a bunch of grapes into a pot that has food inside in order to enhance the food, because a liquid entering a food is like the food, but if there is no food inside it is forbidden.
5. There is an opinion that permits squeezing unripe fruit into food but Rabbeinu Tam prohibits squeezing unripe fruit (because they are inedible). [Tur]
6. One is permitted to squeeze lemons.
7. Squeezing pickled (fruit and vegetables preserved in vinegar and salt) and stewed vegetables: if done for their own improvement i.e. one does not need the liquid and is merely squeezing to enhance them for eating purposes, even if one squeezes them into an empty plate it is permissible. If one wants the liquid, one may squeeze them into a plate with food but if there is no food it is prohibited. According to Rabbeinu Chananel, if one squeezes for the liquid one is liable to bring a Chatas, even if one squeezed them into a plate with food (according to him, squeezing a bunch of grapes into a pot of food is also forbidden). [Tur]
8. Squeezing fish for its juice is equivalent to squeezing pickled and stewed vegetables for their liquid.
9. It is prohibited to crush snow and ice into small pieces in order to produce water but one may place them into a cup of wine or water and let them melt by themselves, without trepidation. They are also permitted if one places them in the sun or opposite a fire and they melted.
10. It is permissible to break ice in order to access the water beneath it.
11. One must take care in the winter not to wash one’s hands with water mixed with snow or ice and if one does, one must be careful not to press one's hands together in order not to crush.
12. One must take care not to rub one’s hands with salt.
13. One may trample snow with one’s feet without fear.
14. The Maharam of Rotenberg permits urinating in snow but the Rosh was careful not to.
15. It is prohibited to place a garment atop a barrel and place the vessel used for drawing water on top of it lest one comes to wring out the garment. It is permitted to place it on a garment designated for covering the barrel because one does not care to wring it out.
16. It is prohibited to wedge cotton-wool into the spout of a jug containing liquid because of Sechita – squeezing.
17. One may not wipe with a sponge lest one squeezes it, unless the sponge sports a handle.
18. One authority says that one may remove a flaxen stopper used to plug a barrel’s hole used for extracting wine, even though liquid will certainly be squeezed, provided that a Keli is not present underneath it. Since one does not benefit from this squeezing it is only a Pesik reisha (i.e. an issur that definitely will result from an action; like death is a result of decapitating [a chicken]) de’lo nichah lei and is permitted. Others disagreed with him saying that even though it is lo nicha lei, since it is a Pesik reisha it is forbidden. People are accustomed to be lenient. One can justify those [who rule permissively] since the bung-hole is deep and far from the flax, and one’s hand does not touch the flax, it is permitted similar to a sponge (The Aruch explains that sponge is a material that is situated atop a gigantic fish in the sea and when it raises its head to gaze at the world this sponge descends over its eyes blocking its view, and without that no ship would be safe from this fish) with a handle. Since this is a feeble argument and it has its faults, it is correct to instruct people not to place a Keli below the barrel when one plugs the hole (see Siman 301 for other Halachas regarding squeezing).
19. It is permissible to add saffron to food and one need not be concerned about coloring, because there is no prohibition to dye foods.
20. There is an opinion who holds that when eating berries and other staining fruits one must take care not to touch one’s clothes or a cloth with fruit-colored hands, but if one colors bread with the colored juice it is not a problem because there is no prohibition to color foods.
Siman 321
1. The Laws Governing Detaching [Produce] on Shabbos; the Laws Governing Grinding; the Laws Governing the Preparation of Food, Leatherworking, and Kneading, 19 Seifim: If [before Shabbos,] one brought in bundles of wild hyssop, hyssop, or thyme to dry so that they would be fit for kindling, one may not make use of them on Shabbos. If one brought in [bundles of the leaves of these plants] for use as animal fodder one may break off portions from them and eat them with his hands but not with a utensil (as he would during the week). The stalks may be crushed with one’s fingertips
2. It is prohibited to prepare a large quantity of saltwater for pickling because it looks like preparing for Tanning. However, one is permitted to prepare a small quantity in order to add it to a cooked food. It is forbidden to prepare even a small amount of a saline solution that is two parts salt and one part water.
3. One is forbidden to salt four or five pieces of radish together because it appears as if one is pickling, and pickling is forbidden because it is similar to cooking. However, one may dip each individual piece and eat it. One may salt eggs.
4. One opinion writes that one may dip several pieces of radish individually and place them in front of himself in order to eat them immediately in succession.
5. One is forbidden to salt cooked meat or a cooked egg for later.
6. It is forbidden to salt a bunch of beans and lentils that were cooked in their skins.
7. One is permitted to grind even a large quantity of peppers provided that they are ground with a knife’s handle onto a plate.
8. It is prohibited to grind salt in a wooden grinder but one may grind salt with a knife’s handle and a wooden spoon without concern. RAMA: This applies specifically to coarse salt. However, salt that was thin and through cooking turned into lumps may be cut just as one cuts bread. [Kol Bo]
9. One is permitted to cut cooked or roasted meat finely with a knife. RAMA: However it is forbidden to cut raw meat finely for chickens, because since they cannot eat it without being finely cut, it is considered making it a food. [Terumas HaDeshen] [See further in Siman 324:7]
10. It is forbidden on Shabbos to grate cheese with a grater called a “rollieux”.
11. It is allowable to wet detached [vegetables] to prevent them from withering.
12. One who cuts vegetables finely is liable for Grinding/טוחן. RAMA: Likewise it is prohibited to cut dried figs and carobs for the elderly [Beis Yosef in the name of the Tosefta]. This only applies to fruits etc. but one is permitted to turn bread into crumbs for chickens because it has already been grinded and therefore no need for concern as there is no second grinding. [Hagahos Maimoni; Mordechai; R"an; Sma"g]. All of this only refers to cutting for later but prior to eating it is all permitted, similar to separating prior to eating, which is permitted. [Teshuvos HaRashba; R"an] as above, Siman 319.
13. It is forbidden to extract honey from a beehive on Shabbos. [The rationale is that doing so] resembles picking [fruit]. And specifically if the honeycombs are attached to the beehive [HaMagid Perek 21]. If, however, the honeycombs were detached from the beehive while it was still day [on Friday] but they were crushed inside of it while it was still day [on Friday] and the honey had flowed out into the beehive it is permitted to extract the honey on Shabbos [Beis Yosef].
14. It is forbidden to knead a large amount of flour ground from roasted wheat lest one will knead flour that is not roasted. It is permitted to knead roasted flour a little at a time. Wheat that has not reached a third of its growth that was roasted and roughly ground and it is like sand and called “shtitah” may be mixed with vinegar and the like, even a large quantity at once, on condition that the result is a loose mixture. A firm one is forbidden because it looks like kneading. (Even when kneading a loose mixture) it must be modified in such a manner that one first puts the shtitah and then the vinegar.
15. Mustard that was kneaded before Shabbos may be mixed on Shabbos whether with one’s hand or with an instrument. One may add honey provided that one does not mix it with force; rather it should be slowly mixed in.
16. Shachalayim that were crushed before Shabbos, on Shabbos one may add wine and vinegar; but one should not beat it only mix it. The same with garlic that was crushed before Shabbos, on Shabbos one may add beans and barley and one may not beat it only mix it. RAMA: There is an opinion that says that one should not mix it with a spoon only with one’s hand. [Or Zarua; Mordechai]. There are those who say that one may only mix liquid into the mustard when the liquid was poured before Shabbos but on Shabbos it is forbidden to pour liquid into the mustard or into ground garlic because of kneading. RAMA: if the food was placed first and afterwards the vinegar or the wine and it is mixed with one’s finger it is permitted, because the mixing was modified similar to shtitah above. Such is the custom to permit it with a modification. In a place where they do so during the week, on Shabbos one should first pour the vinegar and afterwards the food.
17. It is permitted to make Yenumlin (a mixture of old wine, honey and pepper) because it is for drinking. One may not make aluntis (See Avodah Zarah 30a. Aluntit is a mixture of aged wine and clear water and balsam, which they prepare for drinking after bathing in a bathhouse to cool down from the heat of the bathhouse. It is prohibited to prepare aluntit on Shabbat) because it is a type of remedy.
18. One may not soak Asafetida, not in luke warm water and not in cold water, because the method of soaking it is for a remedy. However, one may place it in vinegar and dip bread into it. If it is in that state since yesterday it is permitted to drink it on Shabbat. And if one drank from it on Thursday and Friday and must also drink from it on Shabbat, it is permitted, because such is the nature of his remedy to drink seven consecutive days. For this reason, one is permitted to soak it in cold water and place it in warm, because it is a danger if one does not drink from it.
19. Any unripe fruit or melilot that were mashed on Erev Shabbat, except for beating, are forbidden to complete their beating on Shabbat. Nothing may be lacking except that grinding is permitted to finish on Shabbat. Therefore it is permitted to complete the grinding of wheat groats with a morsel of the tree in a pot on Shabbat after on takes it off the fire. RAMA It is permitted to smooth food on Shabbos and it is not considered Memachek (erasing) because the food is edible without smoothing. Nevertheless, one who is stringent with a [cooked] apple dish and the like, which are regularly smoothed, shall receive a blessing. [Mordechai]. It is forbidden to peel garlic or onions that are peeled to be left alone. However, to eat right away it is permitted. And see above Siman 319 [Sma"g; Hagahos Maimoni; Beis Yosef in the name of the Sma"k; Terumas HaDeshen; Rabbeinu Yerucham].
Siman 322
An egg that was laid on Shabbat is forbidden even to touch, and even if it got mixed in with a thousand [other eggs that were not laid on Shabbat] it is forbidden to touch any of them, but one is able to cover it with a vessel in order that it does not break as long as he doesn't touch it.
When Shabbat falls after Yom Tov or it falls before [Shabbat] it is forbidden [to touch it on the second day, whether it be Shabbat or Yom Tov].
Fruits that fell from the tree on Shabbat are forbidden in the day, but in the night they are permitted immediately.
Siman 323
It is permitted to say to one's friend: "Fill up this vessel," even when it is a special measuring vessel. This is regarding the vessel of the seller, and obviously also when the buyer brings their own vessel and asks for it to be filled up. However, to measure in a vessel made for measuring and to pour it into another vessel - this is forbidden. RAMA: There are those who are lenient on this, and say that any situation in which you don't intend to measure precisely, and sometimes you get more or less, it is permitted. This is the widespread practice, to fill things up in a measuring cup and throw them into one's own vessel, as will be explained below.
Siman 324
Siman 325
1. A non-Jew who does work on behalf of a Jew, 16 Seifim: It is permitted to feed a non-Jew on the Sabbath and it is permitted to give him food before him in the courtyard in order to eat
2.
3.
4. There are those who prohibit bread baked by a Gentile for himself on Shabbos; there are those who permit it. When in dire circumstances or for the sake of a Mitzvah such as a Bris or for the blessing of Hamotzi one may rely on the opinion who permits it. RAMA: Nevertheless, it is prohibited to give him money on Friday in order that he should bake him bread on Shabbos because then he is baking the bread for the Jew. (Rabbeinu Yerucham)
5. Fish that were caught and fruit that were picked by a Gentile for himself are forbidden for a Jew. Even if there is doubt as to whether they were caught or picked today they are forbidden on Shabbos. They are permitted immediately after Shabbos even if they were caught or picked on Shabbos.
6. If he picked or trapped for a Jew, or for a Gentile and a Jew, one must wait after Shabbos the period of Bich’dei Sheya’asu.
7. When there is doubt whether he picked them for a Jew or when it is known that they were picked for a Jew but there is doubt whether they were picked on Shabbos, they are prohibited to eat on Shabbos and after Shabbos Bich’dei Sheya’asu. There are those that hold that they are permitted immediately after Shabbos.
8. An item that is not related to catching or picking but was brought from outside the Techum: if the Gentile brought it for himself it is permitted even on Shabbos. If it was brought for a Jew, even the person it was brought for may handle it but it is forbidden for the person it was brought for to eat it until after Shabbos Bich’dei Sheya’asu. RAMA: There are those that hold that nighttime is not taken into consideration and Bich’dei sheya’asu must be calculated from Sunday morning. [Sma"k; Mordechai]. Others may benefit from it on Shabbos itself. There are those that hold that the person it was brought for may benefit from it immediately after Shabbos. Even when it is permitted to handle the item, it may only be carried within four Amos or within the town when it is surrounded by a wall, and this is on condition that it was [originally] surrounded for living purposes, i.e. the town was first inhabited and only then surrounded by a wall. The rule is that generally a town is surrounded for living purposes and a stronghold is not (see further in Siman 401).
9. If one is in doubt whether the item was brought from outside the Techum, it is prohibited to use. This applies to a Gentile who is from out of town but a local Gentile and local fruit one need not be concerned when in doubt. Even when the Gentile has two homes, one local and one outside the Techum, we are lenient and say that the fruit is local and even the person they were brought for may eat them.
10. A Gentile who drew water for his animal from a waterhole, which is from a private domain to a public domain, a Jew may give his animal to drink from that water provided that the Gentile is not acquainted with the Jew, thus waiving the concern lest he draws more for him. If he drew water for a Jew’s animal the water is totally prohibited even for other Jews. If he drew from a waterhole which is from a private domain to a Carmelis it is permitted for a person it was not drawn for. RAMA: There are those who are lenient and say that even if the water was carried through a public domain for a Jew one may drink the water, because one is able to go and drink the water in the waterhole. (Tur in the name of Rabbeinu Tam). There are those who permit this lechatchila (Kol Bo). People are indeed accustomed to instructing a Gentile to bring beer and other items via a Carmelis or when there is no Eiruv. Even though people should be stringent, nevertheless one need not reprimand those that are lenient for the sake of Shabbos or when in dire circumstances, because one ought to be lenient with regards to instructing a Gentile when necessary, as was explained in Siman 307 and all the more so in this case.
11. A Gentile who picked grass for his animal, a Jew that is not acquainted with him may feed his animal after the Gentile leaves by way of barring the animal’s way and preventing it from straying, thus guiding it to the grass. It is forbidden to lead the animal to the grass so that he should not come to lift the grass and feed it to the animal as the grass is Muktze. If he is acquainted with the Gentile it is forbidden. The same applies to all cases where it is possible to add for the Jew, but when there is no reason to be concerned that the Gentile will add for him, for example he lit a light for himself or he made a ramp to descend, because one light or one ramp is adequate for all and therefore even if he knows him it is permitted.
12. Even when the Gentile is not acquainted with the Jew if he says that he is doing it for the Jew, or even when he does not say anything but his actions attest that his intentions are for the Jew, for example, he lights a candle in a Jew’s presence and leaves, it is prohibited to benefit from it.
13. One need not prevent a Gentile from picking grass to feed a Jew’s animal if it is on a one time basis, but if he does so regularly one must protest.
14. If a Gentile produced a casket or dug a grave for himself on Shabbos, a Jew may be buried within. If he did it for a Jew, the Jew may never be buried there. This is only when the grave is in public and the casket is above it, because everyone knows that it was intended for a Jew. If it is in private, one may be buried there after Shabbos Bich’dei sheya’asu. Even when it is in public it is only prohibited for the Jew it was fashioned or dug for, but another Jew may be buried there after Shabbos Bich’dei sheya’asu.
15. A flute that was brought by a Gentile on Shabbos for a Jew to lament with, may not be used by the one it was brought for or by anyone else for the time it takes after nightfall to bring them from a nearby location. If one knows where they were brought from, one must wait the time it takes to bring from that place and then he and others may use them. This is when they were carried through a Reshus Harabim, but when they were only carried through a Carmelis, given that an issur de’Oraissa was not violated, one need not wait until they are brought from a nearby location and one may use them right after Shabbos.
16. If there is doubt whether they were brought from outside of the Techum or from within the Techum, we suspect that they were brought from outside the Techum.
Siman 326
1. The Laws of Bathing on Shabbat, 13 Seifim: One is forbidden to wash his entire body, even when washing one limb at a time, even when using water that was heated before Shabbos, whether the water is in a vessel or in the ground. Even pouring water over oneself and washing is forbidden. Nevertheless one may wash his face hands and feet RAMA: or other limbs as long as he does not wash his entire body. [Beis Yosef in the name of the Rosh] The above pertains to water heated by fire but one may wash his entire body with Tiberius hot spring water and needless to say that he may wash in cold water. One may only wash in Tiberius hot spring water that is in the ground but not in a vessel so as not to confuse it with regular hot water.
2. There are those who say that this is permissible specifically in the hot springs of Tiberius unless the place [where the water is located] has no roof. But if the place has a roof it is forbidden because [the person] will sweat, and it is forbidden to [cause oneself] to sweat on Shabbos. And there are those who say that it is permitted to sweat in the hot springs of Tiberius.
3. When there is a water channel in which water from a natural hot spring flows it is forbidden to run a duct of cold water through it, even from Friday, i.e., the source of the duct’s water is located outside the water channel and its water flows into a [nearby] cavity in the ground, [creating a pool in which to bathe]. (The intent is to warm the water in the duct as it passes through the hot spring’s water). And if one does run (such a duct) it is forbidden, even to use the water that enters it from Friday. If [water] was directed to flow through the duct on the eve of a festival, it is governed by the laws that apply to water that was heated on a festival, i.e., it is forbidden to bathe one’s entire body or the majority of it in [such water]; it is forbidden to rinse one's body in it but it is permitted to drink.
4. One must not pour cold water over one’s entire body and stand next to the fire because he is heating the water on his body and the end result is that it is as if he is washing his entire body with hot water on Shabbos. Nevertheless one may pour cold water over one’s body after warming oneself by the fire.
5. There are those who say that one must take care not to warm one’s hands next to a fire subsequent to washing them unless they were dried beforehand.
6. One is prohibited from placing a flask filled with hot water on one’s stomach, and it is prohibited even on a weekday being it is dangerous, as sometimes the water is scalding hot. [However, one may warm a garment and place it on one’s stomach] [Tur].
7. A person who bathes in a river must dry his body thoroughly when he ascends from the river, so that no water will remain on his body, [and] he does not carry [this water] four cubits in a karmelis, considering that one who ascends from the rinsing has a majority of water on his body. But if he walks in the public domain and there is delightful rain on his head and his clothes, we are not strict with him on this.
8. One is permitted to bathe in a Mikvah on Shabbos in order to get rid of one’s impurity.
9. It is permissible to rinse one's face, hands and legs with substances that do not remove hair that are mixed with substances that do remove hair provided the majority [of the compound] is not composed of substances that will certainly remove hair.
10. It is permitted to rinse one’s hands together with bran. RAMA: because this is considered as kneading [dough] in an irregular manner. It is forbidden to rinse one's hands with salt [Agudah] and certainly not with soap called זיי"ף in Arabic [Binyamin Ze'ev] or other products made from [animal] fat because these [substances] will dissolve in the process, thus bringing a new entity into existence on Shabbos. [Chapter Bameh Ishah; Sma"g; Hagahos Maimoni; Tur]
11. When a bath whose vents through which the bath is heated were closed on Friday, it is permitted to bathe in [the warm water] immediately [upon nightfall] on Saturday night However, if its vents were not closed on Friday, even though by itself it was heated on Shabbat, one must wait at night (Saturday night) until the amount of time it would take to heat [the water] passes on Saturday night, because it is forbidden to do so by a decree, lest one stir the coals [to cause them to burn more effectively].
12. It is forbidden to enter a bathhouse [on Shabbos] even merely to break out in a sweat. [There are those who say that it is forbidden to even pass through a bathhouse in a place where one could break out in a sweat, (even when this is not one’s intent).] (Rashi and the Tur).
13. [The following laws apply] in a town in which both Jews and non-Jews dwell, and [the town] has a bathhouse in which people bathe on Shabbos; If the majority of the populace is non-Jewish, it is permitted to bathe in [the bathhouse] immediately [upon nightfall] Saturday night. If the majority [of the population] is Jewish, or even half, it is necessary to wait until the time it would take to heat the water passes on Saturday night.
Siman 327
1. The Laws Governing Anointing Oneself on Shabbos, having 4 Seifim: A person who feels discomfort in his loins may not apply (a mixture of) oil and vinegar. One may, however, anoint oneself with oil (alone), but not with rose oil because it is very expensive and rare, and it is unusual to apply it other than for therapeutic purposes. In a place where rose oil is [easily] available and people commonly apply it even for purposes that are not curative, it is permitted to anoint oneself with it even for therapeutic purposes. RAMA: In a place where it is not customary to anoint with oil except for therapeutic purposes, it is forbidden to anoint oneself with any oil (Beis Yosef).
2. It is permitted to anoint oneself and have one’s entire body massaged by hand for pleasure. And one should not massage vigorously, but [rather, he should massage] gently.
3. One may not scrape his body with an implement that is designated for that purpose unless his hands or his feet are soiled with mud or filth.
4. A person should not apply oil to his foot while he is wearing a new shoe or sandal (HaChadashim) (Maimoni, Chapter 23) because the remnants of the oil will soften the leather of [the footwear]. This is similar to processing. One] may, however, apply [oil] to his foot and then insert it into a shoe or apply [oil] to his body and roll on a leather [mat] provided a sufficient amount of oil to process [the leather] will not run off his body. [The person] is permitted to do so even if there is sufficient [oil] to polish [the leather] provided he does not intend to polish [the leather].
Siman 328
Someone who has a mere bad feeling, but he strengthens himself and walks around like a healthy person, it is forbidden to do any healing for him, even by nonJews, because of grinding spices [lest one grind spices for medicine]...
For someone who has a dangerous illness, it is a commandment to break Shabbat for him. One who hurries to do this is praised. One who asks about this is a murderer.
For every internal sore, which is from the teeth inwards including the teeth, Shabbat should be broken. This is specifically when one of the internal organs is damaged from some sort of wound or the like, but general pains are not referred to as wounds. Rem"a: However, if someone has problems with his teeth and it pains him, he can ask a non-Jew to remove the tooth (Beit Yosef in the name of Orhot Hayim and Issur v'Heter Haaroch).
An internal injury does not require an [expert] appraisal, so even if there are no experts there, and the sick person does not say anything, they do for him as they would be accustomed to do for him on a weekday. But when they know and recognize that the particular illness can wait and does not require [Sabbath] desecration, it is forbidden to desecrate over it even though it is an internal injury
An injury that is not internal, they ask an expert and the sick person, and they do not desecrate the Sabbath until one of them says he needs desecration, that it is by [i.e., according to] one of them lifethreatening (and see below, Siman 618)
A wound that is on the back of the hand and the back of the foot, and so someone who swallowed a leech [?], and so someone who was bitten by a rabid dog, or one of the deadly crawling animals, even if it is a doubt as to whether it is deadly or not, it is like an internal injury.
They desecrate the Sabbath over every wound that is made by iron, and boils that come in the anus, and for "simta," which is called "Plunkr" in gentile language, and over someone who has an exceedingly high fever, or "Simur."
Someone who is overtaken by "blood" they let his blood, even if he is walking on his feet and even on the first day.
Every illness that the doctors say is dangerous, even though it is external on the flesh, they desecrate Sabbath for it. And if one doctor says [the treatment] is necessary [to save the patient's life] and one doctor says it is not necessary, they desecrate [the Sabbath by treating the patient]. And there is someone who says that it does not require an expert, because everyone is considered a bit of an expert, and a doubt when a life is at stake is resolved leniently. Gloss: Some say this is specifically regarding a Jew [that a nonexpert is relied upon] but ordinary nonJews who are not doctors are not treated like experts. Someone whom they wish to force to violate a great sin they do not desecrate the Sabbath for him in order to save him [from the sin].
Everyone who operates with alacrity to desecrate the Sabbath in a matter where there is a danger, behold this is praiseworthy, even if he accomplishes thereby something else [incidental], such as if he spread a net to bring up a child who fell in the river, and he caught fish with it, and any similar case.
If the doctors appraised him (that is, examined his illness and estimated) that he requires one fig, and ten people ran and each brought him one fig, they are all exempt, and they have a good reward from God, even if he got well with the first.
A sick person who is in bed with his illness but is not in danger Rem"a: Or if he has a pain that is bothering him and his whole body pains him, even if he still walks, he is similar to someone bedridden (HaMagid Chapter 2), we tell a non-Jew to provide medical treatment, but we do not violate Toraitic Shabbat prohibitions even if he has an endangered body part. Regarding a Jew actively breaking a rabbinic prohibition, there are some who allow it even if he does not have an endangered body part. There are those who say that if he has an endangered body part we break and if he doesn't, we do not break. There are those who say that if he doesn't have an endangered body part, we desecrate with a slight change, and if he has an endangered body part, we break without a change. And there are those who say that even if he has an endangered body part, we do not break any prohibition that is related to a Toraitic labor, and things that have no connection, we do even if he does not have an endangered body part. This third position is right. Rem"a: It is permitted to tell a non-Jew to cook something for a child that has nothing to eat, because the needs of a child are comparable to a non-endangered sick person. And everything that is forbidden for a Jew to do is also forbidden for the sick person himself to do, but if a non-Jew is doing something, the sick person is allowed to help a bit, because aiding is not considered substantial....
One does not induce vomiting (the term ‘אפיק’ refers to the act of inducing vomiting to remove excess food), even during the week, because it results in the loss of food. However, if someone is in discomfort due to overeating, it is allowed during the week, even with a medicinal substance. On the Sabbath, inducing vomiting with a medicinal substance is forbidden, but it is permitted by hand.
Siman 329
1. All cases of saving a life supersede Shabbat, and he who hurries in these matters is praised. Even if there is a fire in a different yard and there is concern that it will move to this yard and cause danger, we put it out to ensure that it does not spread.
2. Life-threatening cases do not go by the majority. Even if there are nine idolaters and one Jew in a yard, and one leaves to a different yard where there is an avalanche, the debris is removed, because the first group is still stationery and is considered half and half. However, if they have all left, and while they were leaving, one goes to another yard where there is an avalanche, the debris is not removed, because the first group is no longer stationery, so we say that whoever left the group is associated with the majority.
3. Someone who experiences an avalanche, if he may be alive and may be dead, if he may be there or may not be there, even if he is for sure there but he may be Jewish or may be an idolater, we remove the debris, even though there are many degrees of doubt.
4. Even if they find him trampled and he can only live a few hours, they check his nose, and if they feel no life, he is for sure dead. [They must do this] whether they uncover his nose or his legs first.
5. If, [while digging through the debris], the top bodies are found to be dead, they should not assume that the bottom ones are also dead. Rather, they should uncover them in case they are still alive.
6. Regarding non-Jews who besiege Jewish cities: if they come for money, we do not desecrate the Shabbat [to protect ourselves], but if they came to kill or come with no presented reason, we go out with weapons and desecrate the Shabbat. In a city that is near the border, even if they just come for straw or hay, we desecrate the Shabbat. Rem"a: Even if they haven't come but they want to come (Or Zarua).
7. There is one who says that in our times, even if they come for money, we desecrate the Shabbat, because if we do not allow them to plunder the money, they will kill, and so it becomes a case of saving life. (In any event, everything is according to the situation(Piskei Mahara'i Chapter 156).)
8. One who sees a boat with Jews that is endangered at sea or in a flowing river, or an individual being chased by idolaters, it is a commandment to desecrate Shabbat to save them. (And see above at the end of chapter 306 regarding whether one desecrates Shabbat if someone wants to rape him.)
9. All who go out to save may return with their weapons.
Siman 330
1. A woman giving birth is treated as a dangerously ill person and Shabbat is desecrated for everything that she needs. We call a midwife from place to place. We help (her) give birth and light a candle for her, even if she is blind. In any event, that which can be done slightly differently is done differently. For example, if she needs an object brought to her, her friend can bring it tied to her hair, etc.
2. We do not help a non-Jew give birth on Shabbat, even by doing something that involves no desecration of Shabbat.
3. She is considered in childbirth regarding desecration of Shabbat if she is sitting on the "crisis chair," or if blood is flowing, or if her friends must lift her by her arms because she cannot walk. If one of these signs appears, we desecrate the Shabbat for her.
4. All three days [after childbirth], even if she says that it is not necessary, we desecrate the Shabbat for her. From day three to day seven, if she says it isn't necessary, we don't desecrate. From seven on, even if she says it is necessary, we don't desecrate; rather, until day thirty, she is treated as a non-endangered sick person.
5. If she dies while in labor, we bring a knife even through the public domain on Shabbat and cut open her stomach to remove the fetus, in case it is found to be alive. Rem"a: We do not even do this on weekdays because we are not skilled at identifying the mother's death soon enough such that it is possible that fetus can be alive (Issur v'Heter).
6. We make a fire for the mother until thirty days after childbirth, even in the summer. (Regarding whether others are allowed to warm themselves by this fire, see chapter 276.)
7. For the newborn, we take care of all of his needs. We wash him, salt him, hide the placenta so that the child will be warm, and cut the umbilical cord. This is for a nine-month or a seven-month infant, but for an eight-month infant or possibly seven and possibly eight, we do not desecrate the Shabbat unless he has grown hair and nails.
8. If the infant was born after an eight-month pregnancy or after a pregnancy which may be either seven or eight months and he does not have grown hair or nails, it is forbidden to carry him. His mother leans over him and breastfeeds him because the milk pains her. She can also use her hand to release the milk that pains her.
9. We set an infant's limbs straight if they were broken because of the pain of childbirth.
10. It is permitted to swaddle the infant in clothes so that his limbs will not be crooked.
11. If the esophagus of the infant falls, it is permitted to put a hand in his throat and put it back in place even if this may induce vomiting.
Siman 331
1. We perform all that is needed for circumcision on Shabbat, including circumcising, periah [pulling back the foreskin], metitza [sucking the blood], and putting cumin on it.
2. As long as he has not removed his hand from circumcising, he is permitted to return, even for the shreds that do not prevent the circumcision from being valid. After he has removed his hand, he can only return for the shreds that would invalidate the circumcision. These invalidate it: flesh that covers the majority of the height of the crown of the penis's height, even if only in one place.
3. If he is eight days old, if his hair and nails have grown, we circumcise him on Shabbat, and if they have not grown, even if he may be a seven-month infant and may be an eight-month infant, we do not circumcise him on Shabbat. It's obvious that if he is definitely an eight-month infant, [we do not circumcise him on Shabbat]. If he is definitely a seven-month infant, even if he has not grown hair or nails, we circumcise him. (See Yoreh Deah Chapter 266.)
4. A circumcision that is not at the appropriate time does not supersede Shabbat.
5. The following infants' circumcisions do not supersede Shabbat: a hermaphrodite, one born at twilight [on Friday], one born circumcised, one born by C-section, a child of a non-Jew who converted after giving birth, and one with two foreskins.
6. Tools for the circumcision that could have been procured on Friday do not supersede Shabbat. Therefore, if they forgot to bring the knife on Friday they should not bring it on Shabbat, even in a place where this will only result in a rabbinic prohibition [i.e., there is an eruv], because the rabbis insisted that their laws be followed, because it involves karet. Regarding telling a non-Jew to procure the tools, if it is something that were a Jew to do it, it would only be a rabbinic violation, one can tell a non-Jew to procure them, but if it is something for which it is Toraitically forbidden for the Jew to do, one cannot tell the non-Jew to do it (And see above chapter 307).
7. If one does not have cumin powdered before Shabbat, he should not powder it [on Shabbat] but should chew it with his teeth. If he didn't mix wine and oil yesterday to put on it, he shouldn't mix them today but should put each on separately.
8. We do not make a chaluk [some sort of bandage that prevents it from growing back] but we instead rap a rag around it. If there is no rag, he can bring one by rapping it around his finger as if it were clothing so as to change the way it is normally carried on weekdays. After doing this, he can bring it from another courtyard, even if it is not adjacent.
9. In the time of the Sages of the Gemara, if they did not wash the newborn in hot water before circumcision, after circumcision, and on the third day after circumcision, it was dangerous. Therefore, they thought it necessary to write down rules concerning this if it falls on Shabbat. Today, we do not wash the baby at all, and the law regarding washing it are the same as the laws of washing any man. Rem"a: In these countries it is the practice to wash him before circumcision in water that was heated yesterday and then after the circumcision at night once Shabbat has ended. Similarly, if Shabbat is the third day after his circumcision and the baby needs washing, we heat water for him [on Friday] during the day and wash him on Shabbat. This is all for general cases, but if it is seen that there is potential danger if they don't wash him after circumcision, it is certainly permitted to wash him and to desecrate Shabbat for him, similar to the law regarding other dangerously ill people.
10. A man who has never performed a circumcision should not circumcise on Shabbat. However, if he has performed one circumcision, he is allowed to circumcise on Shabbat, even if he is the father of the infant. Rem"a: See more laws of circumcision in Yoreh Deah Chapter 266.
Siman 332
1. That One Should Not Deliver an Animal on Shabbat. We do not deliver an animal [being born] on Shabbat.
2. We do not scrape a scab off an animal, nor do we lubricate it with oil. This is referring to when the sore is healed, in which case [scraping it off] will only be to pleasure the animal. However, when the sore is new and there is pain, it is permitted [to remove the scab].
3. If an animal ate too many horse-beans and it is in pain, it is permitted to have it run around the yard so it becomes exhausted and is healed.
4. If it has an attack of congestion, it is permitted to place it in water so that it will cool down. However, if there is a chance that if we do not let blood, the animal will die, it is permissible to tell a non-Jew to let blood.
Siman 333
1. That One Should Not Empty a Storehouse on Shabbat, 3 Seifim: Even though it is permitted to take supplies from a storehouse of produce or wine barrels, it is forbidden to begin emptying it except for a mitzvah, like emptying it to host guests or to make a house of study inside. How should he empty it? If it is a big storehouse, he removes five kupas, (every kupa being three seahs (Hagahot Mordechai and Ran in Perek HaMefanin)). If the storehouse only has five kupas, he removes four kupas, but not all of them, lest he come to fill crevices in the floor. Rem"a: Every abstention from work that was allowed for the sake of a mitzvah is also allowed for the sake of guests. They are not referred to as "guests" unless they are staying in his house or he has invited guests staying at another house (Trumat Hadeshen Chapter 72), but if he just invites his friend to eat with him, he is not called a guest and the meal is not a commanded meal but just optional (Beit Yosef).
2. When he removes these four or five kupas, he should not divide them into small groups so that he makes multiple trips but the load is lessened because this increases his distance walked and becomes more noticeable and public.
3. These four or five kupas that he removes are for one guest, but if multiple guests come, he removes this measurement for each one. One person should not clear it out for everyone because this is a lot of work. Rather, every individual should clear space for himself or someone else can do it for him. Rem"a: It is forbidden to lower wine barrels brought by wagon, unless it is for honoring guests or for the sake of a mitzvah, in which case it is like clearing a storehouse (Or Zarua).
Siman 334
1. The Laws of a Fire on Shabbat, 27 Seifim: If a fire starts on Shabbat, if it is at night before the meal, one can save enough food for three meals: that which is appropriate for a man for a man and that which is appropriate for an animal for an animal. If the fire starts in the morning, one can save food for two meals, in the afternoon, food for one meal. This refers to the members of the household in which the fire is because there is concern that because they are panicked, while they are saving food they will forget that it is Shabbat and will put out the fire. However, nearby houses that are worried that fire will reach them are permitted to save as much food as they want.
2. There are some who permit carrying money and other things that are muktzeh in order to save them from the fire or from bandits coming to rob them, because in a case of financial loss, we do not worry about the prohibition of muktzeh. There are those who forbid this. There is even one who forbids telling a non-Jew to carry business items that will be destroyed by the rain. (See above Chapter 307 Paragraph 19.)
3. If one saves bread made of fine flour he cannot go back to save bread made of course flour (meaning bread whose splendor is gone, meaning bran-flour bread), but the opposite is allowed [meaning that if he saved course bread, he can return to save the fine bread.]
4. We save food from a fire on Yom Kippur for Shabbat, but not from a fire on Shabbat for Yom Kippur or a Festival, nor do we save food from a fire on Shabbat for the next Shabbat. However, we save one meal's worth of food from a fire on Yom Kippur for after Yom Kippur.
5. We save the same amount of food for a sick person, an old person, and a glutton as we do for an average person.
6. The three meal limit is limited to when you would use multiple containers to increase the number of meals, but one is allowed to save even one hundred meals if it is in one container. One is allowed to use his garment and fold it to collect multiple things as long as he takes it all out at once.
7. It is permitted to save objects that he needs that day, such as cups and flasks.
8. He may wear as much as possible, take it out of the house, and undress, return, dress, remove, undress. There is one who says that he can only do this once.
9. He can tell others, "Come and save three meals for yourselves." They are permitted to wear everything that they can wear. If they want, they keep the ownerless goods as he told them to save them, and if they do not want to keep them but want to return them for a price, they are allowed to and it is not considered a salary for work done on Shabbat [which would be forbidden].
10. Everything discussed regarding saving objects from a burning house only applies when the yard outside is enclosed, but not if it is not enclosed. Rem"a: Some are lenient and apply it to a non-enclosed yard (Sma"g and Hagahot Mordechai).
11. Some say that all of these rules only apply to a yard or entrance adjacent to the public domain that have no roof and are therefore similar to the public domain. Therefore, we are only allowed to save three meals and necessary utensils. However, to a different house that is within an enclosure, one is permitted to remove as much as he wants. Regarding removing things to a courtyard, the restrictions only apply to removing things to another courtyard, but his own courtyard requires no eruv and he is permitted to remove as much as he want to it. Some reject this distinction.
12. In these days, all holy scriptures are saved from a fire and read from [publicly], even if they are written in any language and even if they are written with dye or red paint (meaning types of paint) or anything else. Similarly, a set of blessings that the Sages established [i.e., a siddur] should be saved from a fire or from any "turpah" (meaning an open and vulernable place). Similarly, a translation written in Hebrew like "Yagar Shahaduta" [Genesis 31:47] or "Thus shall you say to them" [Jeremiah 10:11, in Aramaic], or Hebrew written in Aramaic or in another language that the people are proficient in, or a Torah scroll that has 85 letters part of full words or has the name of God; all of these are saved.
13. There is one who says that the Book of Esther, because it has no names of God, if it is not written in Assyrian script on skin with dye, it has no holiness and is not saved from a fire.
14. Amulets that have verses in them are not saved from a fire, and some say they are saved.
15. We save the bag of the book along with the book, or the bag of the tefillin along with the tefillin, even if they also contain money. This is also true of other holy scriptures.
16. If he put his tefillin in an arnaki (meaning a wallet) full of money, he can save it from a fire or from thiefs and robbers to a place that tefillin can be saved. There is one who limits this to when he put them there on Friday.
17. Some allow one to save a pouch full of money from the fire or from burglars and robbers by putting it on a loaf of bread or a baby. This can only be done to the private domain but not to a non-enclosed courtyard (books may be saved even to a non-enclosed courtyard) or to an entrance (meaning a place where people enter courtyards) that are not adjoined. There must be three walls and a stake serving as a fictitious partition.
18. It is written in the name of a gaon that it is permitted to tell a non-Jew to save books from a fire even through the public domain.
19. If one is permitted to save something from a fire, one is also permitted to save it from water or from other damaging agents.
20. One does not save the top and side margins and the blank pages between sections and between pages and at the beginning and end of the books.
21. Regarding apikorsim, those who cling to idol worship, and those who convert from Judaism who write sacred texts: their texts should not be saved, and on weekdays we burn them with their Divine Names.
22. If a chest has caught on fire, one is permitted to spread goat's skin on the other side so that it will not burn. Additional, one is permitted to make a wall of objects to stop the fire from spreading, even clay jugs full of water that will definitely explode when the fire reaches them, as indirectly putting out a fire is permitted. Rem"a: in the case of monetary loss (Mordechai in Perek Kol Kitvei).
23. If a garment has caught on fire, one may spread it out and cover himself with it and needn't worry that it will be extinguished. There is one who says that he must not intend for it to go out. Rem"a: It is permitted to put a dish over a candle so that the beam will not catch fire (Tur. And see above Chapter 277 Paragraph 5).
24. Some say that one may not put drinks [on a garment that is on fire] so that the fire will go out when it gets to them. There are also some who permit this with all drinks except for water, because water would be like washing the garment, [which is forbidden]. And there are some who allow even water. The second opinion appears reasonable.
25. If a non-Jew comes to put out the fire, it is not necessary to stop him. However, if a child comes to put out the fire, it is necessary to stop him.
26. One is permitted to say in front of a non-Jew "Whoever puts out this fire won't lose!" Even if the non-Jew isn't there, he may be summoned, even though it is certain that he will put out the fire when he comes. This holds for all similar situations of damage, like if a wine barrel is cracked, one may call a non-Jew even though it is certain that he will fix it when he comes. Rem"a: All of the laws regarding a fire only apply to their day, but in our day when we live surrounded by non-Jews and there is potentially fatal danger, the Rishonim and Acharonim z"l wrote that one is permitted to extinguish a fire on Shabbat because lives are in danger, and one who hurries to do this is praised. In any event, everything is by the situation, for if it is certain that there is no danger, it is forbidden to extinguish. But if there is a chance of danger, it is permitted to put out even a fire in a non-Jew's house, and such is the practice (Trumat Hadeshen Chapter 58 and Hagahot Ashr"i Perek Mi SheHotziuhu in the name of the Or Zarua). This applies specifically to putting out the fire, which is work not done for the sake of the object on which the work is being done and there is danger if you do not put it out, but it is forbidden to desecrate Shabbat in order to save (money), and if one sinned and desecrated, he must fast forty days on Monday and Thursday, and he may not drink wine or eat meat, and he should give eighteen pshitim to charity in the place of a sin-ofering. If he wants to avoid the fast, he must give twelve pshitim to charity for each day (Piskei Mahara"i Chapter 60) and see the Tur Yoreh Deah from the Laws of Niddah Chapter 185.
27. If a coal is situated in a place where many can be damaged, it is permissible to extinguish it, whether it is made of metal or wood, but the Rambam forbids this if it is wood.
Siman 335
1. The Laws of a Barrel that Broke, 5 Seifim: If a barrel breaks, one may save three meals from it, even using multiple containers. If he uses one container, he can even save one hundred meals. He may also tell others, "Come and save for yourselves." He cannot sponge it, meaning putting a sponge near the wine to drip it out, this being a rabbinic enactment lest he come to squeeze it, [a prohibited labor]. This is true even if the sponge has a handle to avoid the problem of squeezing, because he should not do this the way he would do it on a weekday. One may not dab up oil, dipping his fingers in it and rubbing it off on the sides of a container [so that the oil runs down the sides and is thereby collected]. Rem"a: There are some who restrict this to a broken barrel, because in that case, he is panicked, and if he is allowed to save its contents we fear that he will fix it. However, if it is cracked and slowly dripping, he is less panicked, and is allowed to save the contents in containers, collecting and combining (Hagahot Mordechai and Tosafot Perek Kol Kitvei and Hagahot Maimoni Chapter 22). There are some who say that this all refers to saving food from one yard to another, but to another house that is enclosed with his house, he may save everything, as has been explained above regarding fires (Piskei Mahara"i Chatper 196).
2. If a barrel on the roof broke, he can bring a container and put it underneath, as long has he doesn't bring an additional container to collect the liquid in the air that fell off the roof and another container to connect to the roof. If he's using one container, it is allowed even to collect in the air or to attach to the roof.
3. If he has guests, he can take an additional container to collect the liquid in the air and to attach to the roof, but he shouldn't do these things and then invite guests, nor should he treat this as a loophole, inviting guests who don't need to eat. Rem"a: However, if he sinned and did such, collecting and then inviting guests, it is permitted (Ramban and the Magid Chapter 22).
4. If wine flows from grapes in a tub that had not yet been pressed, the droppings are not usable because the drinks that flowed out are forbidden, and therefore he is not permitted to put a dish underneath because he will disqualify the dish from being used for other purposes, [as it would now contain something forbidden]. What should he do? He should put his bed or table underneath, and then the droppings will be like a chamber pot [i.e., disgusting], and then he can put a container to collect them in order to not make a mess. When the container fills up, he should not throw the contents into another container and thus disqualify that container from use. Rather, he should empty it back into the tub which it came from, for the tub is already disqualified from use because of the drinks in it and the drinks that flowed from it.
5. If fruit are spread around his yard, one here and one there, he can gather them slowly and eat them, but he cannot put them in a basket or a pail. If they all fell in one place, he can even put them in a basket, unless they fell into the stones or the dirt in the yard, in which case he gathers them individually and eats them and does not place them in a basket or pail (See above Chapter 319).
Siman 336
1. If It Is Permissible to Walk on Grass or Climb a Tree, 13 Seifim: We do not climb a tree, whether it is wet or dry, nor do we hang from it, nor do we use anything attached to the ground. This is a rabbinic decree lest one come to climb the tree and pick something from it. If someone climbed a tree on Shabbat by mistake, he is permitted to descend. If he did it on purpose, he is not allowed to descend. If he climbed the tree when it was still day on Friday, he is always allowed to descend after it gets dark. There are some who say that this only applies when it was his intention to descend while it was still day, but if it was not his intention to descend while it was still day, he should not descend when it gets dark, as he intended to sit in a forbidden place. Rem"a: This only applies to a person who ascended the tree, but if he left an object there while it is still day, it is forbidden for him to remove it from there on Shabbat (Magaid Chapter 21). All of this applies to a tree or the like, but one is permitted to use reeds that are soft like an herb, even if they are connected to the ground, because there is no prohibition against using herbs (Hagahot Oshr"i Perk Bechol Me'arvin in the name of the Or Zarua and Beit Yosef).
2. If a tree's roots are three tefachim above the ground, it is forbidden to use them. If they are less than that height, one is permitted to use them, because they are considered as if they were ground. If they slope downwards, they are forbidden where they are taller than three and permitted where they are shorter than three. If they are three [tefachim] tall with empty space below them, even though on one side of them there isn't empty space and they are level with the ground, it is forbidden to sit even on the side that is level with the ground.
3. One is permitted to walk on grass, whether it is dry or wet, because he does not intend to uproot it. However, those who eat in the garden are forbidden to wash their hands over the garden, because they water the plants. Even though this is not their intention, it is an unavoidable consequence ("psik reisha") of their action. However, it is permitted to urinate on them or to dispense other liquids that do not make the plants grow. Rem"a: Therefore, it is a good idea to be stringent and to not eat in a garden if one is using water, because it is difficult to be careful not to spill some water there (Beit Yosef in the name of Sefer HaTrumah).
4. One should be careful to not throw seeds in a place where it rains, as they will eventually grow. If one throws seeds to chickens, he should only through the amount that they will eat in one or two days. If he is in a place where people walk a lot, it is permitted, because the seeds will not grow.
5. Vegetation that grows on the spout of the pitcher from the moistness of the pitcher is considered as if it were attached to the ground, and he who picks it off is liable.
6. If vegetation is inserted into dirt while it is still day on Friday so that it will be wet, it is permitted to grab the leaves and pull it out, as long as it has not taken root. It also must be the case that he didn't want it to take root. However, if he intended to plant it, this is forbidden.
7. It's forbidden to uproot plants even from a flowerpot that is not perforated.
8. With a flowerpot (meaning a half jar in which vegetation is planted (The Arukh)), even one that is not perforated, one must be careful to not carry it from the ground to pegs or the opposite, whether it is wooden or clay. Rem"a: If a tree branch fell from a tree on Friday and it has fruit, it is permitted to pick the fruit from it on Shabbat (Rabbeinu Yerucham Path 12 Part 2).
9. If a pipe on the roof that emits water becomes filled with straw and plants that block it and stop its flow and the water is spreading around the roof and leaking into the house, it is permissible to crush the plants with your foot quietly. Because he is fixing it slightly differently, just using his feet, in the case of loss, the rabbis did not decree against this.
10. It is permissible to smell myrtle that is in the ground, but it is forbidden to smell a citron or an apple or any other edible thing when it is connected to the tree/ground, lest one be tempted to eat it.
11. Soaking wheat or barley or similar things in water is a subset of the prohibited labor of planting, and one who does this is liable for any quantity. Rem"a: One is permitted to put tree branches in water on Shabbat as long as they have no flowers on them, because flowers develop in the water (Mahari"l), and see below Chapter 654.
12. If there are figs that have dried out on the tree or other fruit that have dried out on the tree, one who picks them on Shabbat is liable even though they are treated as if they are uprooted for matters of impurity.
13. It is forbidden to use the sides of a tree, but it is permitted to use the sides of things on the sides of a tree. Therefore, it is forbidden to lean a ladder on a tree, because if the ladder moves, you'll be using the sides of the tree. However, if there is a peg stuck in the side of the tree, it is permitted to lean a ladder on it, because the peg is on the side of the tree, but the ladder is on the side of something on the side of the tree. If one sticks a peg in and hangs a basket on the peg, the peg is on the side of the tree and the basket is on the side of something on the side of the tree. Rem"a: One is permitted to touch a tree as long as he does not shake it (Beit Yosef in the name of Orchot Chaim). It is permitted to descend and ascend a pit of even 100 amot, climbing down and climbing up. We do not worry that he will uproot land while ascending and descending (Tur).
Siman 337
The Laws of Sweeping the House and Something Done Unintentionally, 4 Seifim: 1. Something that one didn't intend to happen is allowed as long as it is not a definite consequence of the specific action (psik reisha). Therefore, a person may drag a bed, chair, or bench, whether it is big or small, provided that he doesn't intend to make a rut. One is permitted to sprinkle the floor because he does not intend to level the depressions [of the earth floor], rather he just doesn't want the dust to rise.
2. It is forbidden to sweep the house unless the floor is stone. There are those who permit this even if it is not made of stone. Rem"a: There are some who are stringent even when it is stone (the Tur in the name of the R"i and Mordechai at the beginning of Perek Kol Kelim and Rabbeinu Yerucham Part 13 and the Sma"g and Sefer haTrumah). This is the practice, and one should not act differently. However, it is permitted to have a non-Jew do such (Rabbeinu Yerucham Part 13), or to sweep using clothing or a garment or a soft bird feather, because they do not fill in the crevices (the Agur). It is forbidden to brush clothing off using brooms made of woodchips, because the chips will break (Hagahot Alfasi Perek Hazorek).
3. One may not put oil on the floor, nor may one wash the floor, even if it is made of stone.
4. One should not turn a barrel on the ground upright, because it is heavy and he will definitely fill in crevices in the ground in the process. This is a definite consequence of the given action (psik reisha).
Siman 338
Producing noise from an instrument is forbidden, but knocking on the door or other things that are not musical are allowed. Rem"a: Similarly, if you do no action, it is allowed. Therefore, those who call their friends by making their mouths sound like birds are permitted to do such on Shabbat (Hagahot Alfasi). It is forbidden to bang on the door with the ring attached to the door, even though one has no musical intentions, because in any event, the ring is made especially for that purpose, and it is forbidden. Therefore, it is forbidden for the sexton to bang on the door to call the synagogue using a tool. Rather, he should bang with his hand (the Agur and Beit Yosef in the name of Piskei Tosafot in Eruvin).
There are some who permit telling a non-Jew to play an instrument at weddings. Rem"a: Even telling a non-Jew to fix the instrument is allowed because of the honor accorded to the groom and bride, but in other situations, this is forbidden (Mordechai in Perek Mashilin). However, in our times, we tend to be lenient with respect to clapping and dancing for a reason that will be explained in the next chapter
On Friday, it is permitted to hang a clock that will ring on Shabbat.
Someone defending his fruits or seeds from an animal or bird should not clap his hands together, nor should he slap his hands on his thighs, nor should he dance to chase the animals away. This is a rabbinic decree lest he pick up dirt and throw it at them.
We do not play with nuts or apples because it might lead to filling in crevices. Rem"a: This is only true on the ground, but it is allowed on a table, because there is no reason to decree against it because of crevices (Rabbeinu Yerucham Part 7). One is permitted to play with bones called "tshich" even though they make noise, because they are not for musical purposes (Hagahot Alfasi at the end of Eruvin). This is all for playing just for fun, but when it is for a profit, it is forbidden; even if it is a game [where one player holds an unknown amount of objects in his hand and the other player guesses whether it is] even or odd, it resembles commerce (Agur and Beit Yosef and Ramba"m Chapter 23). In any event, we shouldn't stop the women and children from doing such, because it is better that they sin by mistake than on purpose (Tosafot and Sma"g and Hagahot Maimoni Chapter 21). Regarding playing with a ball, see above Chapter 308 Paragraph 45.
It is forbidden to draw water using a wheel. This is a rabbinc decree lest one come to water his garden or his ruins or uses it to soak flax. Therefore, if he has neither a garden, nor a ruin, nor a pool to soak flax, it is permitted. There are those who limit the prohibition to a big wheel that draws a lot of water without much effort. These are fixed wheels with many buckets around them. However, our wheels that only draw a bit are permitted, because there is no reason to worry.
If someone has fruit on his roof and sees that rain is coming, he is forbidden to let them down on Shabbat through a trap door in the roof. However, he is permitted to cover them. Even white fruits that are muktzah are permitted to be covered from the drippings.
One is permitted to put a dish under leaks on Shabbat. If it fills up, he can pour it out and return it to its place. This is assuming that it would be possible to use the drippings for bathing. If it is not, this is forbidden because we do not make a chamber pot a priori. However, if he put a dish under drippings that are not fitting for bathing, he is permitted to carry it with the disgusting water inside.
Siman 339
We do not ride on an animal (and see above, Chapter 305 Paragraph 18, for the laws of a carrage)
We do not swim in water, even in a pool in the yard, because the water can overflow and thus resemble a river. If there is a barrier around the pool, it is permitted, because even if the water overflows, the barrier forces it back, so it is more like a container, and there is no reason to decree out of concern that one will make a float.
We do not clap nor to we slap our hand to our thighs nor do we dance. This is a rabbinic decree lest one come to fix a musical instrument. It is even forbidden to tap one's fingers on the ground or the board or to each other as singers do, or to shake a nut for a child or to play with two nuts so that the child will be quiet. All of this and anything similar is forbidden, based on a rabbinic decree preventing the fixing of a musical instrument. Clapping using the back of the hand is allowed. Rem"a: Today people clap and dance and we do not stop them because it is better that they sin unintentionally . . . There are those who say that today, everything is permitted because we are not proficient in the fixing of instruments, so there is no reason to make decrees preventing the fixing of instruments, as this skill is not pervasive. It is possible that based on this, the practice has emerged to be lenient (Tosafot at the beginning of Perek HaMevi Kadei Yayin).
We do not hold court. Rem"a: Therefore, it was forbidden to arrest and imprison someone who deserved a punishment in order that he not escape. All the more so is it forbidden to give him lashings, because this is a legal matter. If he escapes, we are not liable (Beit Yosef Chapter 253 in the name of the Shibbolei haLeket). We do not betroth women. Rem"a: There are some who allow betrothing when the man has no wife and children (Rabbeinu Tam), and it is possible that this also the rule with regards to a wedding (Sma"g). Even though our established practice is not like this opinion, we can rely on it in a pressing situation, for the additional reason that human dignity is important. It often happens that they do not work out the dowry on Friday until nightfall, and in that case they do the betrothing and wedding on Friday night, because they already have the wedding meal ready and it would be embarrassing for the bridge and groom to not marry then. In any event, a priori one should be careful that it not come to this (and see Tur Even HaEzer Chapter 63). And we do not do chalitza nor we do yibum [levirate marriage], nor do we have a wedding, nor do we dedicate objects to the temple, nor do we dedicate the value of a person or an animal to the Temple, nor do we renounce private use of an object, nor do we separate trumot or maasrot, nor do we redeem a firstborn son [[[wikipedia:pidyon haben|pidyon haben]]], nor do we divorce unless he is very ill (the world is weighing heavily on him). For all of these things, if they were done, whether by mistake, on purpose, or erroneously, what was done is regarded has having been [legally] done.
Someone marrying a widow should not have sex for the first time with her on Shabbat or a holiday (and see above chapter 280).
It is forbidden for a person to float something in water away or towards him. Therefore, it is forbidden to divide woodchips in the water in order to make the water cleaner.
If a boat is sitting on the sand underwater and is not floating at all, one is permitted to enter it. If it is attached like boats in a harbor, even though it floats, one is permitted to enter it.
Siman 340
A Few Laws of Forbidden Things on Shabbat Connected to Categories of Work, 14 Seifim: 1. It is forbidden to remove hair or nails, whether by hand or using a tool, whether from oneself or others. He who does this is liable for punishment after pulling two hairs. If he is removing white hairs from amongst black ones, he is liable even after only one hair. This practice [of removing white hairs among black hairs] is even forbidden during the week because it is considered crossdressing. Rem"a: And see above at the end of Chapter 303 regarding the laws of combing and parting hair.
2. One is forbidden from removing a wart from his body, whether using his hand or a tool, whether for himself or for someone else.
3. One who erases ink from parchment or wax from ledger is liable for punishment if the space that he erased has room for two letters. Rem"a It is forbidden to cut a cake that has letters on it, even though one just intends to eat it, because it is considered erasing (Mordechai Perek Klal Gadol).
4. One should be careful not to use juice or ashes to write on a table with his finger. However, he is permitted to make gestures of letters with his fingers (Trumat HaDeshen chapter 63).
5. One may mark a book with his fingernail to indicate something, because this type of mark does not last long.
6. If a thread comes loose, it is forbidden to tighten it because this is considered sewing.
7. Those who use a string to fasten their clothes around their arms are forbidden from tightening them unless the holes are wide and are sewn on in a circle.
8. If fabric fell out of a pillow, one is permitted to put it back, but it is forbidden to put it in the pillow for the first time.
9. It is forbidden to gather salt from a salt deposit because this is similar to binding sheaves. Similarly, it is forbidden to gather anything from the place that it grows.
10. Collecting figs to make a chain and piercing a hole in figs then putting a string through them to make them one entity are both subsets of binding sheaves and one who does these things or anything similar is liable.
11. Even though one may put sesame seeds and nuts in honey, he should not press the mixture with his hand.
12. One who puts flax seeds, sesame seeds, or anything similar into water is liable for kneading because they mix in and become attached to one another.
13. We do not break ceramic or tear paper because this is like preparing a vessel for use.
14. Attaching together papers or skins using the glue that scribes use or something similar is a subset of sewing, and one who does this is liable. Similar, someone who separates papers or skins that are attached, if his intentions are not just to destroy, this is a subset of tearing, and he is liable.
Siman 341
Annulling Vows on Shabbat, 3 Seifim: 1. We annul vows on Shabbat if the vows' content is relevant to a Shabbat necessity, like if someone vowed not to eat or drink. We do this even if he had the opportunity to annul them before Shabbat. The husband can annul his wife's vows even if they are not relevant to Shabbat, because if he does not annul them today, he will not ever be able to annul them.
2. If someone swore to do some labor within some time period, and he had no chance to do it until the last day of the time period, if that last day is Shabbat and he has valid reasons to annul his vow, he may ask for its annulment even on Shabbat.
3. It is the practice to annul vows in which the community swears off something even if the vow's content is not relevant to Shabbat (and see above at the end of chapter 306).
Siman 342
It Is Permitted At Twilight to Do Things Forbidden by Chazal By Enactment Everything that was forbidden by the rabbis was not forbidden at twilight (and see above chapter 261 and the end of chapter 307). This is only true if there is some mitzvah involved or it is a pressing circumstance. For example, one is permitted to climb a tree or float on the water in order to bring a lulav or a shofar. Similarly, one can lower an eruv that he made from a tree or take it from the carmelit. Similarly, if one is bothered and anxious about some rabbinically forbidden act (shvut), he is permitted to do it at twilight. For the same reason, one is permitted to tell a non-Jew to light a candle on Shabbat at twilight.
Siman 343
Laws of a Child on Shabbat. A child may eat unkosher meat and the court is not required to prevent him from doing so, but his father must rebuke him and stop him from doing this (Torah prohibition). It is forbidden to actively feed him even foods that are only rabbinically forbidden. Similarly, it is forbidden to allow him to regularly desecrate Shabbat or holidays, even with rabbinically forbidden activities. Rem"a: There are some who limit this to a child who has not reached the age of education, but if he has reached this age, it is necessary to prevent him from sinning (Tosafot Perek Kol Kitvei), and some say that only his father, and not the court, is responsible for the child's education (Beit Yosef). If a child struck his father or transgressed otherwise in his youth, even though he does not need to repent when he matures, it is still good for him to take upon himself some element of repentance and atonement, even though his sin was at age when he was not eligible for punishment (Piskei Mahara"i Chapter 2).
Siman 344
The Law of Someone Who Is Wandering in the Desert on Shabbat, 2 Seifim: 1. One who is wandering in the desert and does not when is Shabbat, counts seven days from the day he realized he did not know, and sanctifies the seventh day with Kiddush and Havdalah. If one has sustenance, one is forbidden from doing any work whatsoever until he uses what he has, and thereafter one should do work each day, even on the day he sanctifies, to achieve minimal sustenance. One is permitted to walk every day, even on the day he sanctifies.
2. If he knows how many days he has been walking, i.e. he knows that today is the fourth day or the fifth day since his departure, but he does not know on which day he left, he is permitted to do as much work as he wants on the eighth day since his departure, because on that day of the week he left his house, and he certainly did not leave on Shabbat, and so too on the fifteenth day and the twenty-second day, and so on.
Siman 345
1. There are four domains on Shabbat: the private domain, the public domain, the karmelit (meaning soft brittle: not wet or dry but in betweenץ Similarly this is not the private domain because it has no walls, but it is not the public domain as it is not similar to the flags of the wilderness because it's not a place where many people walk. Rash"i.) and a place of exemption.
2. What is the private domain? A place surrounded by walls that are ten tefachim that is four by four, or a pit that is ten tefachim deep and four by four, or a hill that is ten tall and four by four. Rem"a: Some say that the diagonal also must be four tefachim, like we will explain below in chapter 349. (Hagahos Ashiri; Tosefos)
3. The tops of walls enclosing a private domain are considered private domain even if they are not four tefachim wide.
4. Holes in a wall of a private domain that face the private domain are considered the private domain. Rem"a: If they face outwards and do not go through to the inside, their status is determined by their width and height, as will be explained later in this chapter paragraph 13 (Beit Yosef in the name of the Rashb"a and the Magid).
5. The space above a private domain upwards until the firmament is considered the private domain.
6. An object, like a chest, turret, or receptacle, can be considered a private domain if it is four tefachim by four tefachim and is ten tefachim tall.
7. What is the public domain? Roads or markets that are sixteen amot wide and have no ceiling and no wall. Even if they have a wall, they can still be public domain if they are open at both sides (and the doors are not closed at night (Tur)). And some say that if 600,000 people do not pass through it daily, it is not a public domain.
8. Regarding alleyways that are mostly 16 amot wide but are less than 16 amot wide at parts, some say that if their longest part faces the public domain, they are considered the public domain.
9. Regarding alleys that are thirteen and one-third amot wide with both openings facing the public domain, which is itself sixteen amot wide, some say that they are considered the public domain.
10. If an object that is in the public domain is not (three) tefachim tall, even if it is thorns or dung such that people will not step on them, it is likened to the ground and considered the public domain. If it is three tefachim tall or from three to nine, not includng nine, if it is four by four it is considered karmelit. If it is not four by four, it is a place of exemption. If it is exactly nine tefachim tall and many people rearrange their loads on it, it is considered the public domain even if it is not four wide. There is one who says that this is also the case for an object that is 9-10 tefachim tall that is used by people for rearranging their loads even if it is not four wide. From ten up, if it is four tefachim wide, it is the private domain, and otherwise, it is a place of exemption, even if it is possible to [imaginarily] hollow it out to make it four tefachim wide.
11. If a pit in the public domain is not three [tefachim] deep, it is considered public domain. From three to ten, if it is four tefachim wide it is karmelit, and otherwise it is a place of exemption. If it is ten deep, it is private domain, assuming it is four wide.
12. The public domain only extends ten [tefachim] up. Higher than ten is a place of exemption.
13. Holes in a wall that faces the public domain that are higher than three [tefachim above the ground] are not considered the public domain. Rather, they are assessed according to their dimensions.
14. What is the karmelit? A place that is not used by the masses, like the sea or a valley; an itztevanit; or an itztiba (an itztevanit is the place in front of the stores where the merchants sit and an itztiba is the place where they place the goods) that is in front of the public domain pillars and is four wide and from three to ten tall; an area with a corner that is adjacent to the public domain (like an area surrounded three walls without a partition or a ceiling on the fourth side (Tur)); a public domain with a ceiling; a hill that is four by four but is not ten tall; and a pit that is four by four but is not ten deep.
15. If a house that is not ten tefachim tall but whose roof completes the ten and which is four by four, its inside is karmelit and on top of it is private domain. But if one lowers a four-by-four area by digging, even if this area is in the middle of the house and far from the walls, the whole house becomes the private domain.
16. If the roof goes beyond the walls of the house such that one standing on the roof cannot see the walls, it is considered karmelit even if it is very high and wide. If a window is open to the roof from the house, it is considered the private domain. Similarly, brackets that extend from the wall that are four by four are karmelit unless a window is open to them from the house.
17. Holes in the [walls of the] karmlelit are not considered karmelit but are assessed according to their height and width.
18. The rules of a karmelit include that it must not be less than four by four and that it only includes ten tefachim above it. Above that is considered a place of exemption. Seas and rivers are measured from the surface of the water. Therefore, regarding someone who takes something from above the water, until ten upwards is karmelit and above that is a place of exemption. Rem"a: Even if a pit in the karmelit is 100 amot deep, it is considered karmelit, unless it is four by four, because there is no place of exemption in the karmelit, as will be explained next.
19. A place of exemption is a place that is smaller than four by four and between three tefachim above the ground until the firmament, or a pit that is smaller than four by four and is at least three tefachim deep, or walls that are three tefachim or taller and do not enclose a four-by-four area. Rem"a: All of this refers to something that is in the middle of the public domain, but with regards to the karmelit, we say that the kind [place of exemption] has found its kin [karmelit, which is similar] and is aroused and treated like karmelit (Ra"n in Perek Keitzad Mishtatfin and Hagahot Mordechai in chapter 16 of Shabbat) (Tur and Beit Yosef in the name of the Ramba"m). There are those who dispute this and say that there is no difference in this matter between the public domain and the karmelit (Rash"i and the Magid in the name of the Rashb"a), but if it is in the private domain, all agree that is just considered the private domain (Beit Yosef).
What is a public domain? Streets and marketplaces 16 amos wide, that do not have a roof or a wall, and even if there is a surrounding wall, if there is a street that goes through the town [Rema- and its doors are not closed at night] it is a public domain. Others say that any place that does not have 600,000 people passing through it each day is not a public domain.
Siman 346
1. The Torah Laws of Eruvim, 3 Seifim: One is made liable by the Torah only for removing, inserting, throwing, and passing from the private domain to the public domain or from the public domain to the private domain, but the Sages forbade doing such from the karmelit to the public or private domains and from them to the karmelit. However, regarding a place of exemption, one is permitted to remove something from or insert something to the private domain or the public domain, or from them into it. However, one who stands in the private domain and inserts, removes, passing, or throws something to the public domain via a place of exemption, or the reverse, is liable. Similarly, one should not stand in the place of exemption and take an object from someone standing in the public domain and give it to someone standing in the private domain, or the reverse. Regarding transferring an object between rabbinic domains through a place of exemption, there are those who forbid and those who allow (and see below chapter 372 paragraph 6).
2. One is made liable by the Torah only for moving an object four amot in the public domain, but the Sages forbade moving an object four amot in the karmelit. The sea and the valley are two types of karmelit, and one is permitted to carry between them if it is less than four amot.
3. Regarding a karpef (meaning a place surrounded by walls that has no ceiling, like a courtyard) that is bigger than two se’ah that is not enclosed for dwelling purposes, the Sages forbade carrying within it more than four amot, but it is permited to remove something from it to a different karmelit, like a valley that which is adjacent to it. RAMA: Therefore, it is permitted to take a key from the karmelit in front of the garden and open [the door] or lock it, and put back the key as long as there is no step between them that is the private domain, like if it is ten [tefachim] tall and four wide [by four], or if it has two walls that are four long and a lintel four long, such that it would be a private domain even without being ten tall. However, it is forbidden to insert an object from the step to the private domain or the opposite, because we worry that the roof [of the step] is not four [by four], and thus, if the step is not three tall, it has the legal status of that which is in front of it. Even if it is three tall, because all of our [public] domains are karmelit, we say that a kind has found its kin and is aroused [the place of exemption finds its relative, the karmelit, and becomes the karmelit], as is explained in Shulchan AruchOrach Chaim 365. Similarly, if the roof is very long and has no walls on its sides, its legal status is that of the domain in front it. This is the case with our roofs that protrude in front of houses; they have the legal status of the domain in front of them (Hagahot Mordechai first chapter of Shabbat).
Siman 347
1. The Transferring for Which One is Made Liable By the Torah: The Torah only makes one liable for removing an object from the private domain and placing it in the public domain, or the reverse. However, if one extends his hand into the domain with an object in it, and his friend is inside the domain and takes [the object], or if one extends his hand out of the domain with an object in it and his friend standing outside the domain takes it, where one removes and the other places, both are exempt, but it is rabbinically forbidden to do such. If one extends his hand into the domain and grabs an object from the hand of his friend who stands inside and removes the object, such that the person standing outside removed and placed by himself, he is liable and his friend is exempt but still forbidden from doing such. And even if the person standing outside is a non-Jew, this is forbidden, because it is as if you give it to him on the condition that he remove it [from the domain]. This is also the case regarding one who places his hand outside the domain and hands the object to his friend standing outside, or one who takes an object from a friend standing outside the domain and brings the object inside; in both cases, the person standing inside is liable because he both removed and placed, and the person standing outside is exempt, but his actions are forbidden.
Siman 348
1. One Who Extends Something from Domain to Domain: If someone was standing in the private domain, and he extended his hand full of fruit to the public domain less than ten tefachim from the ground; if he did it by mistake, he is permitted to return his hand to the original yard and is forbidden from extending his hand to another yard, but if he did it on purpose, he is forbidden even from returning it to the original yard. There are some who say that this refers to when he extended his hand on Friday while it was still daytime, but if he extended his hand once it was dark, he is permitted to return it, lest he drop some fruits and be liable for a sin offering. What specifically is being discussed? When he extends his hand to the public domain, but if he extends it to the karmelit, he is permitted to return it in every situation.
Siman 349
1. The Law of Four Amot in the Public Domain, 5 Seifim: Every person has four amot in the public domain in which he may carry. We measure these amot by his own forearm ("amah"). If his forearm is small, we allow him four average amot, which are each six tefachim (and see below chapter 396).
2. These four amot are measured by their diagonal, meaning that he is allowed five and three-fifths amot. There is one who says that from four amot to 5 3/5 amot is exempt but forbidden.
3. A person is permitted to remove an object from the public domain and hand it to his friend who is within his four amot, and that friend to another friend, even though the object will move a few millin, as long as the individual does not remove the object from its techum, and there are those for forbid this (see above chapter 301 paragraph 42).
4. If there are two individuals such that part of one's amot fall in the other's amot, like if there are six amot in between them, they may bring food to the center and eat as long as neither removes something from his area to his friend's area. If there were three people, with a person in the middle, like if the two outer ones have eight amot in between them, the middle person is permitted to [eat with] the outer ones where their four amot overlap with his, but the two outer ones are forbidden from [eating with] each other.
5. It's forbidden to carry something less than four amot, even at twilight and even in the karmelit.
Siman 350
1. The Law of Someone who Extends his Head and Most of his Body Between Domains, 3 Seifim: A man may stand in the private domain and reach his hand to the public domain and carry objects there that he does not need where he is. He may move them around as long as he doesn't move them four amot. We do not worry that he will bring them to himself because he doesn't need them where he is. Therefore, one is permitted to stand in the public domain and take a key from the private domain and open a door there, and the same is true from the private domain to the public domain. However, he may not stand in the private domain and extend his head into the public domain and drink there, or the opposite, unless he extends his head and most of his body to the place from which he drinks; because he needs the water, we worry that he will bring the water to himself. However, one is permitted to stand in the private or public domain and drink in the karemlit, or vice versa. There are some who explain that objects that he needs are nice objects, but if the object is not nice, he may drink from them even without extending his head and most of his body and just extending his neck. Regarding other objects that are not drinking-related, one may even carry nice objects, because there is only a rabbinic decree for nice objects that he drinks from, because he will come to bring them near him.
2. One should not stand in the public domain and urinate or spit into the private domain or the karmelit, or vice versa, even if he extends his mouth and arm outside [of his domain].
3. If spit is floating around his mouth and he is prepared to spit it out, there is one who says that he should not walk four amot in the public domain until he spits.
Siman 351
1.The Law of One Who Reaches Into a Pipe in the Public Domain to Drink: A person should not stand in the public domain and put his hands up to the gutter, which is a long pipe that is attached parallel to the roof and is three tefachim from the roof, to take water from it. Because it is three tefachim from the roof, it is considered like the roof and this is forbidden whether it is above ten tefachim from the ground or below. However, one is permitted to collect water from the air, even if his hand is within three tefachim of the gutter. If the gutter is three away from the roof, and same is true for a generic pipe that is three away, one may put his hands on them to collect water. This is if they are not four by four tefachim and they are below ten tefachim from the ground, but if they are four by four, or even if they are not four by four but are above ten, this is forbidden.
Siman 352
1. Someone who Reads a Scroll that Rolls from Domain to Domain, 2 Seifim: If someone is reading a scroll on the doorstep and one side of it rolls from his hand, but the other side stays in his hand, he can roll it back, even if it rolled outside of his four amot, even into the public domain and the doorstep is in the private domain. Because of the potential mistreatment of holy texts, this was allowed. RAMA: This is because many people walk on the doorstep. This is specifically regarding holy texts, but one is forbidden to roll back other texts even if they only fell into the karmelit (HaMagid chapter 15 and Rashb"a).
2. If someone was reading on the roof and one side of the scroll rolled from his hand, if it hasn't reached within ten tefachim of the ground, he may roll it back. If it reached the bottom ten tefachim and the wall is slanted such that the scroll can rest on it, it is forbidden to roll it back; so that it is not mistreated, he should turn it around onto the text. If the wall is not slanted, as long as it has not reached the ground, he may roll it back.
Siman 353
1. The Law of Ledges in the Public Domain, 3 Seifim: If two houses are on two sides of the public domain and they are owned by one person or by two who connected their properties, if they are level, they are permitted to throw from one house to the other. If one house is higher than the other, it is forbidden for them to throw to each other unless they are throwing clay objects and other objects that will break upon falling. This all is referring to when a public domain goes between them, but if there is a karmelit between them, throwing between the houses is always permitted.
2. Ledges - panels that emerge from the wall into the public domain - that are higher than ten [tefachim], four by four, and have a window from the house open to them are permitted to be used. If there are two ledges, one under the other, and they are owned by two people, even if both are higher than ten, if the top ledge is four by four, it's forbidden to use it because it is a domain unto itself. The lower one is a different domain and it is forbidden to throw from one to the other. If neither the top nor the bottom are four (by four), one can use both of them as well as the wall until the ten tefachim above the bottom one. If the bottom is four [by four] and the top one isn't, the top one can only be used right next to the window, but the rest that is on either side of the window is forbidden because the lower one deemed it an independent domain.
3. For every ledge that enters the public domain and is permitted to use, when one uses it he can only pick up and put down ceramic or glass objects or similar objects that will break when they fall to the public domain. However, other objects are forbidden lest they fall to the public domain and he go to collect them. RAMA: This is specifically for ledges and similar things, but if it is something that is as wide as a roof, one who uses an object on it is permitted to use any object (Beit Yosef in the name of the Ritva). However, if a ledge extends to the karmelit, as long as it is ten high, it is permitted, whether it is wide or narrow, and whether the objects break or not, because there is no rabbinic enactment for the karmelit.
Siman 354
1.The Laws of a Pit and Trash Pile in the Public Domain, 2 Seifim: If there is a water pit in the public domain with an embankment surrounding it, if it is within four tefachim of the private domain, it is permitted to draw water from it to the private domain, even if the embankment is not ten [tefachim] high. If it is four tefachim away from the private domain, we do not fill from it unless the embankment is ten tall.
2. If a trash pile in the public domain is ten tall and four wide, if it is public, one may throw something into it from the private domain that is near. RAMA: And we do not worry that the object will roll from the trash to the public domain and he will go pick it up, because one generally only throws disgusting things to a trash heap (the Magid chapter 15 in the name of the Rashb"a), and if it is a private trash heap, this is forbidden because the individual empties it and will end up emptying it regularly and pouring things into the public domain.
Siman 355
1.The Laws of Balconies and Bathrooms, 5 Seifim: If a balcony (meaning a panel or a structure that protrudes from the house outwards) is above the water, and a window in the house opens up to the balcony, we do not collect water [to the balcony] unless it has a wall around it. Alternatively, one may make a wall just around the hole that he draws water through it, as long as it is four [tefachim] by four. There is no difference between making the wall under the balcony as an attachment or on top of the balcony. Since the wall is made, one may also pour water into it. Similarly, one traveling by boat cannot collect water unless he made a four by four panel, makes a hole in it, and draws water from there. He does not need to make walls, because we [imagine] bending the walls and then we can [adopt the legal fiction of] extending the walls down. This is because we are more lenient with a boat, because it is not possible to do things there that can be done at home. All of this is specifically when the [distance between the water and the top of the boat] is ten tefachim, but if the walls of the boat are higher than ten tefachim above the water, he should make a ledge, put a hole in it, and draw through there, because it will be through the air of the place of exemption, and the ledge is good enough. One is permitted to pour water on the walls of a boat such that it will fall into the sea because he is not explicitly throwing into the sea. Rather, the water continues through its own force, and there is no rabbinic decree against this in the karmelit. RAMA: See below the end of chapter 357. If there are two boats adjacent to one another, it is forbidden to carry between them unless they are tied together or unless they are more than ten tefachim above the water. It is necessary to conjoin them [with an eruv] if they belong to two people (Mordechai Chapter HaZorek).
2. If a toilet is made above the water, it is permitted if there are walls suspended from it. These walls must be made to direct the waste, but if they are made for privacy, they do not make it allowed. If one makes a panel closer than three tefachim such that the feces will fall onto it before falling into the water, walls are not necessary, because the feces fall by their own force in the karmelit, and it is allowed. This is also the case for a toilet that is made such that the feces first fall onto a wall and then rolls and fall into the karmelit. If the panel breaks on Shabbat, it is still permitted, because of the importance of human dignity.
3. If the toilet protrudes outside of the wall of the city such that the feces fall into the pit that surrounds the city, and the pit is bigger than two se'ah and is thus a karmelit, it is not permitted to use a toilet with protruded walls, because this was only allowed with regards to water. However, using a panel is allowed, because something falling its own force is allowed in every karmelit. RAMA: There are some who say that if the toilet is higher than ten tefachim, it is always permitted because he is moving something from the private domain to the karmelit through a place of exemption. (And see above chapter 346 that some disagree.) And there are some who say that if there were feces in it during the day on Friday, it is always allowed, because feces are a place of exemption as the masses do not walk in them (Mordechai Chapter HaZorek). And see above chapter 345 that some disagree and think that there is no place of exemption in the karmelit. And according to what was explained above in chapter 345 that all agree that there is no place of exemption in the private domain, if a toilet is between two houses, it is forbidden to use it if the houses are not conjoined (eruv) and nothing has been done during the day on Friday. If such had been done, as was explained in paragraph 2, it is permitted, but otherwise it is considered a non-enclosed yard, as will be explained below in chapter 357. And see below chapter 376 paragraph 4 (Rama's own opinion). All of this is initially, but afterwards if they forgot to make an eruv, this is allowed because of the importance of human dignity (Hagahot Mordechai and his own opinion). Those who use boats go to the bathroom from the paddle wheel to the sea. Because it is not ten tall, even though it is four wide, it is karmelit, and it is considered moving something from karmelit to karmelit (Beit Yosef in the name of Orchot Hayim).
4. If water is not ten tefachim deep, there is no leniency to allow the pouring of water into them with suspended walls. RAMA: All the more so when the water dries up, even if it was ten deep (Mordechai).
5. If there are two balconies, one above the other, [or even] a bit offset but not four [horizontal] tefachim away from each other, whether they have ten [vertical] tefachim between them or more, if they jointly made walls for the top one [in order to be allowed to draw water from below the balcony], it is forbidden for either of them [to draw water] until they make an eruv. This is even more true if they jointly made walls for the bottom one. However, if one made walls for his balcony independently, the other does not render it forbidden, even if it doesn't have walls. Similarly, if they both jointly made walls for both, one balcony's existence does not render the other forbidden for use.
Siman 356
1. The Law of a Stream of Water that Runs through a Yard, 2 Seifim: If a stream of water passes through a yard and it is ten [tefachim] deep and four wide, we do not collect water from it on Shabbat unless a ten tefachim tall wall is made at its entrance and exit. At least one tefach of the wall must be underwater. If the whole wall is underwater, at least one tefach must be above the water. If one started to make a wall from the sides of the stream but did not connect the walls so that water can still flow, if there are three tefachim between the sides, this is allowed, and we consider it attached. If there are three tefachim between the sides, it is forbidden. RAMA: If the holes in which the stream enters and exit are not three wide, even a wall is unnecessary (Beit Yosef in the name of the Ritv"a).
2. If a yard is breached, the sea enters through the breach, it is only partially breached, and the hole is wider than ten [tefachim], one is permitted to use the water and bring it into his house. If it is fully breached or the hole is wider than ten, if parts of the wall remain where it fell, and those parts are taller than ten but covered by water, he can use the water in the yard but it is forbidden to bring it into his house unless he made a ten-tefach tall wall. If no parts of the wall remain, it is even forbidden to use the water.
Siman 357
1. The Laws of a Yard that is Narrower than Four Amot and a Drain, 3 Seifim: If a yard is smaller than four by four amot and is adjacennt to the public domain, we do not pour water into it on Shabbat in the summer. Because it is not four [by four] amot, two seah of water that someone would use everyday cannot be contained by the yard, and it is as if he pours water to the public domain. Therefore, it is necessary to make a pit that will be able to hold two seahs of water. RAMA: Every pit that is one half amah by one half amah and three-fifths amah deep can hold two seah (Ramba"m). This is true whether he makes the pit in the yard or outside. If he makes it outside, he must cover it with boards to make it a place of exemption, and therefore the water will be falling from his hand to a place of exemption. Once he makes the pit, he can pour as much as he wants in. If it doesn't hold two seahs, he may not pour anything. If the yard is four by four square amot, even if [this square amot count is fulfilled in a yard that is] exceptionally long or wide, or if it is winter, one is permitted to pour as much water as he likes. A yard and an exedra (meaning a house with three walls, and the fourth wall that would have the door does not fully enclose the the house. Sometimes there are columns every amah, according to the Aruch, and columns are bits of walls that are straight and even) that individually are not four [by four square] amot can join together to complete this four [by four square] amot area and allow pouring in it. RAMA: This is the case for two upper-level rooms that are in front of two chambers that have a ceiling that can hold water. If they are adjacent to one another, they can be combined for this purpose (Beit Yosef in the name of Rabbenu Yonatan). What are we talking about? When a yard is adjacent to the public domain, but if it is adjacent to the karmelit, even if it is tiny, it doesn't need a pit even in the summer (and see below chapter 377).
2. If a drain is covered for four amot in the public domain and it is four by four, it is permitted to pour water into the drain even in the summer, even though the water travels from your hand to the outside. This is true as long as the drain is not wooden because such a drain cannot hold enough. But if it is made of stone, it is allowed. The Ramba"m says that even if the drain or pipe is 100 amot long, one should not pour into it during the summer; rather, one should pour just outside of it and the water will descend into the drain.
3. What are the parameters? The water must be exiting to the public domain, but if it exits to the karmelit, it is permitted to pour into the drain even during the summer. RAMA: There are those who say that there is no distinction between the karmelit and the public domain (Beit Yosef in the name of the Tosafot and the Ros"h in Chapter Keitzad Mishtatfin). This is only with regards to a karmelit that is inside the city, because it is similar to the public domain, even in our day when there is no public domain. However, a karmelit outside of the city or a non-enclosed yard is permitted (Mordechai Chapter Hazorek and the Sma"g and his own opinion) (Responsa of the Mahara"m chapter 90). If a city is surrounded by a wall but has no eruv, it is treated like a non-enclosed yard (Mordechai at the end of Chapter HaDar and Trumat HaDeshen chapter 73 and 74). If the pipe is higher than ten [tefachim off the ground] such that the water passes through the place of exemption to the karmelit, one should be lenient (Mahari"l), and this is the position to be followed.
Siman 358
1. Which Places Are Considered Enclosed for Dwelling, 14 Seifim: Regarding every enclosed area that is not enclosed as a dwelling place, like a garden, an orchard, or a shed, but is just enclosed to protect its contents, the Sages forbade carrying something more than four amot in them if it is more than two seot. However, if it is two seot big, which is seven amot and four tefachim by seven amot by four tefachim, it is permitted to carry within it, whether it is square, round, long, or wide, as long as its length is not more than twice its width. If it is enclosed for dwelling, even if it includes a few mils, it is permitted to carry within all of it. RAMA: And see below chapter 401 regarding whether generic cities are enclosed for dwelling. There are some who say that generic porches are enclosed for dwelling, because generally they are built and then enclosed (Mordechai Chapter Osin Pasin). And there are furthermore those who say that any porch attached to the house is considered enclosed for dwelling, because such was his intention (Hagahot Oshr"i on Chapter 2 of Eiruvin), and some disagree (Beit Yosef in the name of the Tosafot).
2. What is considered enclosed for dwelling purposes? If someone built a house or an opening from his house and then enclosed the area. If it was enclosed not for dwelling and one wants to enclose it for dwelling, he doesn't need to destroy the whole wall. Rather, he should make a breach bigger than ten [amot], and then the house will be open to a non-enclosed area. Then he can return and patch up the whole wall or just leave ten open and that ten is considered an opening. This way, it was open and is now enclosed [newly, and considered enclosed for dwelling]. If he breached one amah and then patched it, and then breaks an adjacent amah and patches it, and so on until he gets to ten, this is permitted. RAMA: If it is difficult for him to break the wall, some say that he can put dirt next to the wall from both sides until the wall becomes less than ten [tefachim] tall and the width of the dirt is from four amot [up] for the length of ten amot along the wall. If the dirt is not ten [tefachim] tall, it will be as if he broke the wall, because there are not ten tefachim above the ground, and it is considered the ground of the yard. Even if he returns and removes the dirt, because it was nullified for one Shabbat, [it still holds]. Some disagree, claiming that dirt does not cancel [a wall's legal status] unless one will not ever remove it (Trumat HaDeshen chapter 75, and the Ros"h first chapter of Sukkah).
3. A piece of land raised ten [tefachim] is considered an enclosed space [not enclosed for dwelling].
4. If in an enclosure bigger than two seahs, trees are planted to reduce its area, there is no legal reduction (even if they are ten tall and four wide (the Magid chapter 16)), and this is also the case for one who digs a hole.
5. If one builds a column in order to legally reduce the area and the column is three tefachim wide, the area is effectively lessened.
6. If one builds a wall for ten [amot] in front of the original wall in order to nullify it as if it did not exist and therefore the area is enclosed for dwelling by the second wall, and the the new wall is three tefachim from the old one, this is permitted.
7. If one puts mud in front of the original wall in order to lessen the area of the enclosed space and the mud is thick enough such that if the wall is removed, it can stand on its own, the lessening is effective. If this is not true, there is no lessening.
8. If one builds a wall on top of the original wall in order to enclose it for dwelling, this is doesn't work. However, if the lower walls sink and the top walls remain, they now permit [carrying within the enclosed space]. However, if a hill is bigger than two seahs and someone makes a wall on its edge for dwelling, this works, because he lives in the space of the walls made now.
9. If an area enclosed for dwelling is bigger than two seahs and one plants trees in most of it, even if they are not planted in lines, they do not cancel the dwelling status of the area. However, if crops are planted in a majority of the area, the plants nullify its status as a dwelling place even if they are only two seahs. If a minority of the land has been planted and it is only two seahs, it is permitted [to carry within it]. If the area planted is more than two seahs, it is forbidden.
10. If someone has a garden in his yard and it is most of his yard, even if it is only two seahs, he may not carry from the garden or from the yard to the house. If it is bigger than two seahs, he can only carry in the garden and the yard within four amot. If it is the minority of the yard, if it is more than two seahs, the whole yard is forbidden [with regards to carrying]. If it is two seahs or less, it is forbidden to remove something from [the garden] to the house.
11. If an enclosed space bigger than two seahs is enclosed for dwelling and water enters it, if the water is drinkable, it does not nullify its status as a dwelling place, even if the water spreads more than two seahs and is very deep. If the water is not drinkable, it is treated like plants, assuming that it is ten tefachim deep.
12. If an enclosed space is three seahs big and it has a roof for one seah of that, it is permitted [to carry in the space] even if the roof is slanted.
13. If an enclosed place exactly two seahs big is adjacent to a yard and the barrier breaks, the enclosed place is forbidden [regarding carrying within it] because the place of wall adds to it, making it more than two seahs.
14. If an enclosed space is bigger than two seahs and is not enclosed for dwelling and an opening more than ten [amot] is made and then enclosed such that the new wall makes it permitted [to carry within the space] because the original wall that wasn't for dwelling is nullified, and later the new wall falls, it goes back to being forbidden.
Siman 359
1. The Law of an Open Area Behind the House: If an open area behind the house is bigger than two seahs and is not enclosed for dwelling, we only carry in it within four amot. If he made an opening from his house and afterwards surrounded the area [with walls], even if there is a threshingfloor between the area and the house it is considered enclosed for dwelling. RAMA: We are not careful regarding carrying in the yards behind houses because in this time, generic areas are enclosed for dwelling, as was explained above regarding enclosed spaces (his opinion).
Siman 360
Siman 361
Siman 362
Siman 363
An enclosure with 3 walls, the Chachamim forbade to carry in that enclosure until he does some action for a 4th wall. (As will be discussed later on)
Siman 364
Siman 365
Siman 366
About a courtyard with many houses that open up into it, the Rabbis prohibited carrying from house to house until they create an eruv in which they have collected bread from each household and place it in one of the houses in the courtyard. With this method, we see that it's as if all citizens [of the courtyard] are living in one house and the entire courtyard is designated to that one house.
One must place the entire eruv into one vessel, and if they divided it and placed it into two vessels, it is not the case of an eruv unless the first vessel became full, and thus it is permitted. And this is only a case when the two vessels are in one house.
We do not make an eruv with a slice, even if it’s very big. But with a full loaf, even if it’s very small, we make an eruv provided that it will contain the amount of a legal measure. However, if it is taken from it for the sake of a baker’s challah, which is 1/48th, we make an eruv with it, even if it wasn’t set aside for challah. And if it was cut and one fastened it with a toothpick, that he put one end inside the loaf and the second end inside the slice, if it is not recognizable that it was cut, we make an eruv with it. Rama: And there are those who interpreted this that we only make an eruv with a full loaf, that is that all of the eruv together will be [one] whole loaf. Therefore, it is the common practice to gather from every house a little bit of flour and make one full challah and make an eruv with it. And thus, the custom is widespread in all of these provinces. But, one needs to be careful that the challah contain a legal measure’s worth as explained earlier in 358. And even if there are left [homeowners] from [donating] the flour so that the challah is not made from everyone, even so, it is an eruv since one who grants [ownership] to all does not diminish from these people [so that they count]. And this was the intent of those who gave their flour from the outset. So it appears to me.
Friends who were reclining to eat and the day became holy upon them, the bread that is on their table, they may rely on it for an eruv. But this is only when they are reclining in a house, which is fitting to put an eruv there, but in a courtyard, no. (And this is also the law: if they have bread for a shutafut in one of the houses, they can rely on it for the sake of eruv.)
Siman 367
Siman 368
Siman 369
Siman 370
Siman 371
Siman 372
Siman 373
Siman 374
Siman 375
Siman 376
Siman 377
Siman 378
Siman 379
Siman 380
Siman 381
Siman 382
Siman 383
Siman 384
Siman 385
Siman 386
Siman 387
Siman 388
Siman 389
Siman 390
Siman 391
Siman 392
1. Laws of City Eruvin. Containing 8 sections: A city that has been the property of an individual, even if it became public- everyone can join in one partnership, and carry throughout the whole estate. Similarly, if it is publicly owned and it has one entrance- everyone can join in one partnership. But if it is publicly owned and and has two entrances, where the populace goes in one and out the other, even if the area came under private ownership, we may not make the whole thing into an Eruv. Rather, we must exclude a place, even as small as one courtyard and the house within it, from the city, and join the rest of the city together. Then all the participants in the partnership will be permitted in the whole city, except that one place that they excluded, and those residents remaining will be permitted in their own location, through a partnership they make for themselves. But if there are many residents remaining, it is forbidden to carry in the entire city. This is a provision instituted for the purpose of recognition, so that the residents will be aware that the Eruv has permitted them to carry in this place. The public becomes become expert on it, observing that we do not carry in the place that was excluded and not joined with them, but rather these carry in their own space and those carry in their own space. If residents wanted to institute an Eruv for each alley on its own, that would certainly be effective, for there is no greater exclusion than this.
Siman 393
Siman 394
Siman 395
Siman 396
Each man has under him, and further, each person has four amot (cubits) in every place, even if he went outside of the barrier and we measure for each person his "amah", and if he has short limbs, we give him four average-length amot, each of which is six handbreaths. Gloss: And these four amot are measured wide with him in the center (Tur). And there are those who say that he is permitted to walk four amot on each side but carrying, he only has four amot at the diagonal, as was explained before in Siman 349 (Tur in the name of the Raza''h and the Maggid Ch. 12 in the name of the Rashbah.
In any place that he finds himself when Shabbat begins, if he is in an enclosed space for dwelling, even if there are no inhabitants, all of it is considered like four amot, and if it is not an enclosed space for dwelling, until it contains two seahs, all of it is considered like four amot, and even he is on a tall hill, an harvested area with stalks and barley surrounding it, it is considered like four amot until it contains two seahs.
Siman 397
Siman 398
1. When one comes to measure the 2000 amot teḥum of a city, if the city was long and narrow, or if it was square but not aligned with the square of the earth [i.e. the cardinal directions], but it has four square corners, we leave the size of the city as it is and measure 2000 amot in every direction from its four sides.
2. If the city was round, we make corners for it and view it as if it was inscribed in a rectangle, and measure 2000 amot in every direction from the sides of the rectangle. It is thus found that the corners [of the circumscribed rectangle] increase the size of the city. So too, if the city was triangular or if it had many sides, we circumscribe a rectangle around it and afterwards extend 2000 amot in every direction from outside the rectangle.
3. When one circumscribes a rectangle [around a city], one circumscribes it according to the cardinal directions, so that each of its sides extends according to one of the cardinal directions and is parallel to it.
4. If a city was wide on one end and narrow on another end, we view it as if it was entirely the maximal width. If it was shaped like the letter gamma (Γ) or like an archer's bow, if there were less than 4000 amot between the tips of the arc, we measure the teḥum from the chord of the arc and view it as if all the space between the chord and arc were full of houses. If there were [at least] 4000 amot between the tips of the arc, we measure the teḥum only from the arc itself. Rama: Some say that [in this case where the tips of the arc are at least 4000 amot apart] we measure the teḥum from the place at which the chord would be less than 4000 amot long. This is only when there is at least 2000 amot between the apex of the arc and the chord, however if there is less than 2000 amot, we measure in any case from the chord, and it is acceptable to be lenient (Hagahot Maimoniot chapter 25 from the laws of Shabbat, and the Rosh and the Tur).
5. Every apartment that is located outside the city, if there is a distance of seven and two-thirds cubits between it and the city, which is equivalent to the side of two square cubits or less, then it is considered part of the city, and when measuring the city's boundaries, it is included, except for this apartment. RAMA: Some say that one should not start measuring immediately from the apartment, but rather stretch a string across the width of the city opposite the apartment and move it seventy cubits and two-thirds away from there, and start measuring from that point. This is done in every place where measuring is done (Tur). This is my opinion to be lenient.
6. A house that is close to a city within 70 amot (cubits), and a second house is close to the first house within 70 amot, and a third house is close to the second house within 70 amot, and so on for however many days' travel, all of them are considered as one city. And when measuring, one measures from outside the last house, provided that this house is a minimum of four cubits wide, or more. Similarly, a synagogue that has an apartment for the cantor, or a bathhouse that has an apartment for the attendant, or a treasury that has an apartment, and a bridge or a grave that has an apartment, and three walls that do not have a ceiling above them and have overlapping spaces, and also a house built in the sea, and two walls that have a ceiling above them, and a tower or a cave, all of these are considered as part of the city if they are within 70 amot and a bit from the last house. From this last house, it appears as if a thread is stretched across the entire city, and measuring is done outside of that thread at a distance of 2,000 amot in every direction except for that house. RAMA: If there are two such houses opposite the city, they are considered as a city that is built like an arch. (Tur) However, two walls that do not have a ceiling above them, even if they are adjacent, and a bridge or a grave, and a synagogue or a bathhouse or a treasury that do not have an apartment, and a well, and a bush, and a cave, and a dovecote that is in a ship, and the like, are not considered as part of the city.
7. There were two towns, one adjacent to the other, with a distance of one hundred and thirty-one cubits between them, so that there were sixty-one and a half cubits to one town and seventy-one and a half cubits to the other town: They are considered as one city, and each one is considered as extending the entire other city, except for a distance of two thousand cubits outside the last house of each town. RAMA: If there were two houses like this facing each other, their law is like that of a city made like an arch. However, two walls without a roof between them, even if they are close to each other up to one hundred and thirty-one cubits, are considered like an enclosed area. (Tur). But a single house, even if it is very large, does not have the status of a city, and it cannot be given a distance of seventy-one and a half cubits. (Tosafot and Rosh in Chapter "Keitzad Ma'avrin" and Tur)
8. There were three triangular villages, if there is a distance of 1,000 cubits or less between the middle one and each of the outer ones, and between the two outer villages, the distance is less than 3,000 cubits (excluding the width of the middle village) (Tur), in order that each one of them, together with the middle one, appears as a 2,000-cubit square. Therefore, the three villages are considered as one city-state, and a 2,000-cubit measurement is taken for each direction outside the three villages (although some say that the measurement is taken only from their walls and not from the middle one). (Tosafot, Rosh in Chapter "Keitzad Ma'avrin" and Tur)
9. A city that sits on the bank of a river that is dry most of the time, and people use it only when it is filled with water during rainy season: If there is a platform of four cubits width on the bank of the river, people can stand on it and use the river. The river is considered part of the city, and it is measured two thousand cubits from the second bank of the river. The entire river is considered part of the city because of the platform built on its side. If there is no platform, only the area of the houses adjacent to the river is measured, and the river is measured from the thousands of cubits of theirs.
10. Those who dwell in huts, meaning those who dwell in tents made of wood and reeds, do not have the law of a city. Therefore, they are not measured in thousands of cubits from the outskirts of the city, but rather from the threshold of their tents. (However, if they have a kind of enclosure of a wall or ditch that is ten cubits high around their homes), [ed. note. they are considered to have a city boundary, and the city is squared off, with each side measuring a thousand cubits,/i>]. ( Beis Yosef in the name of the Shibulei Leket) If they have three courtyards of two houses each, made of stones or beams, they are all considered permanent structures, and they are measured like any other city, with a city boundary of a thousand cubits in every direction. (ed. note Based on the commentary of Ba'al HaTurim, citing the Shibolei Leket.)
11. If a city was surrounded by a wall and then it was inbaited, its measurement is taken from the place where its settlement was located, and afterwards its wall is measured.
Siman 399
1. With What Are the Shabbos Limits Measured; the Measurement of [Different Types of] Places; Who May Perform the Measurement</b),>{ed. note: resulting in the Shabbos limits being unnecessarily longer than the standard measure}
2. If there is a river in front of him, he measures fifty cubits until its end, and then goes back behind it by twenty-five cubits so that the span will be a complete fifty cubits until the river.
3. He should place the rope opposite his heart and stretch it with all his might. {ed. note - because the weight of its middle section causes the rope to sag, reducing the measurement.}
4. A measurement should only be taken opposite the city, even if there are mountains and valleys in front of it. One should not go from beside it in a straight line and measure there, but rather measure opposite the city. When he reaches a hill, if the incline is so steep that if a plumb line were lowered from the top [of the incline], it would descend in a relatively straight line and would not diverge on an incline at the lower end of the hill for a distance of four cubits, it is not necessary to measure the ascending or descending slope [of the hill] at all. If the hill has a flat area at its top, he does not measure at all. If the plumbline moves away from being opposite him by four cubits and then contracts by ten out of fifty, meaning that in a walk of five cubits of incline, ten handbreadths rise, then he can see if the edge of the rope reaches his lip, but if it cannot be spanned by a rope of fifty cubits, he measures with a rope of four cubits. One person stands at the foot of the mountain and one above it at a distance of four cubits, and the lower one gives the rope opposite his heart and the upper one opposite his feet, and the lower one ascends to where the upper one stands and the upper one ascends four cubits, and they measure as before. If he is more inclined, for every four cubits of incline, ten handbreadths rise, so they give up on him and estimate the distance based on their judgment. If it is only fifty cubits, they estimate how much it is based on their judgment, and if it is more than fifty cubits, they measure with a rope of four cubits.
5. If he reaches a valley, if the plumbline diverges away from him down four cubits, one should see if it can be spanned in a rope of nine cubits from its spanning point. If not, it is measured in a rope of four cubits, and it should not be deeper than two thousand cubits. However, if it is deeper than two thousand cubits, the descent and ascent of the entire slope are measured. If the plumbline does not move away from him by four cubits, it can be spanned in a rope of nine cubits from its starting point. If not, the slope of the descent and ascent is not measured at all, but only the plain of the bottom, even if it is deeper than two thousand cubits.
6. If one arrives at a hill (or valley) and the entire portion of the hill or valley that is opposite the town is more than 50 cubits wide and thus it cannot be spanned, for example, [the hill or the valley] is [situated] to the east of the town, and [the person measuring] is not able to span [the hill or valley] along the entire length of that side, if [the person] can span [that distance] by proceeding within the 2000 [cubits of the Shabbos limits] to the north or to the south, he should proceed there and span [the hill or the valley], as long as it is still within the boundary of the city. If, however, [the person] cannot span [the hill or the valley] within 2000 [cubits] on the town’s sides, he should not proceed further [away from the town] to span that area. { Ed. Note: This is a restrictive decree lest observers err and think that the area is permitted, for they will say, “The measure of the Shabbos limits reach here.”}
7. One may rely only on a measurement made by an expert who is knowledgeable regarding the measurement of land {see Eruvin 58a}
8. [The following laws apply when] the Shabbos limits [of a town] had been established and an expert came and measured [them again], maintaining that [the Shabbos limits] should be increased [in one place] and decreased [in another]: His rulings should be accepted even regarding the limits he increased. RAMA: If [the expert] measured and found that the measure in the northeast [corner] is larger than the parallel measure in the southeast [corner], he should extend the line of the Shabbos limits from [the northeast corner] to the [southeast corner] on a diagonal (Rosh and the Tur). And there are those who say, the resolution or decision will be made based on the level or flatness of the location where the argument occurred. (Beis Yosef in the name of Rashi and the Rashba).
9. If two experts came and measured [a town’s] Shabbos limits, one [arriving at] a larger measure and the other [arriving at] a smaller one, we [accept the ruling of] the one who arrived at the larger measure. [The above applies] provided that [the larger measure] does not exceed [the smaller measure by] more than [the difference between the measuring along a diagonal from the corner of the town [and measuring from the perimeter of the town]. What is implied? It can be said that the larger measure was arrived at [for the following reason]: Perhaps the first [expert] measured the 2000 [cubits] diagonally from one corner of the city, [proceeding outward] along the diagonal, and he did the same [when measuring] from the other corner. Therefore, when a [measuring] rope is extended from the end of the Shabbos limits from one corner to the end of those limits [measured] from the other corner, the distance between this line and the city will be less than 2000 [cubits]. The [second expert, however,] measured properly, [i.e., perpendicularly] from the [border] of the city. We do not presume that the first [expert] erred by more than this amount. {Ed. Note: Therefore, if the second [expert] added a greater distance than this, [his ruling is not heeded}
10. The Shabbos limits around a city are configured like a square tablet, i.e., 2000 cubits are measured outward along the entire length of the eastern side of the city and the same is done on its northern side. Afterwards, it is viewed as a square tablet [measuring] 2000 [cubits] by 2000 [cubits] to fill up the corners. Thus, the corner of the Shabbos limits of 2000 cubits on a diagonal will be 2800 [cubits distant from the city]. The same pattern should be followed for all the other corners. However, one should not measure 2000 cubits [outward] diagonally from the center of one corner and do the same from the opposite corner, and then extend a [measuring] rope from one to the other. [The rationale is that] were [the person taking the measurements] to do so, he would forfeit 800 [cubits] on the diagonal, and moreover, the Shabbos limits from the [edge of the] city would be 1428 [cubits].
11. Even a Canaanite bondman or maidservant {who accepted the observance of the mitzvos in which women are obligated} is [considered as] trustworthy when [he or she] says: “The Shabbos limits extend until here.” A minor, by contrast, is not considered as trustworthy [regarding this matter]. Nevertheless, an adult is considered as trustworthy [if] he says, “I remember that when I was a child we would proceed until this point on Shabbos.” His testimony is relied upon.
Siman 400
1. A Traveler Who Sat Down to Rest Without Knowing Whether or Not He is Within the Shabbos Limits: One who was on his way to enter a city and sat down on the way to rest, and darkness fell upon him and he did not realize that he was within the city limits, and later found himself within its limits, acquires a residence in the city {Ed Note: the town is established as his Shabbos place. See Eruvin 45a} and may traverse its entire length and breadth on Shabbat and proceed another 2000 cubits beyond the town in all directions. However, if he had absolutely no intention to enter this town and acquired a residence there instead, {i.e. the place in which he was located at the onset of Shabbos is established as his Shabbos place.} he may traverse a distance of two thousand cubits in any direction from his residence. If the 2000 [cubits] from his Shabbos place conclude in the middle of the town, he may not walk in the city beyond that point. RAMA: The same law applies if he had intended to enter the city and said, "My residence is in my place," as well. (The Magid, Chapter 27)
Siman 401
1. A Person who was Sleeping while on a Journey [when the Shabbos Commenced] is Granted 2000 Cubits in All Directions [from the Place where He was Located]: One who sleeps on the way and darkness falls upon him, acquires a residence in his place and may traverse a distance of two thousand cubits in any direction. Specifically with regard to a person, because since if he had been awake, he would have acquired a place to sleep, he also acquires it while sleeping. However, ownerless objects do not acquire a residence, and they are like the legs of the first person to take them, who may take them to wherever he goes. However, objects belonging to non-Jews acquire a residence in their place, even though their owners are not considered residents. This ruling was made as a decree for non-Jewish objects, but Jewish objects are not subject to such a decree. And those who bring them [objects] into a city may move them within the entire city, which is like an area of four cubits, provided that the city is surrounded for dwelling purposes. Small, walled towns are considered to be surrounded for dwelling purposes, even if the houses were built first and the walls were erected around them later. However, simple fortresses are not considered to be surrounded for dwelling purposes. RAMA: Therefore, Jews should be careful not to lend their objects to non-Jews and have them returned on Shabbat to be moved more than four cubits, unless the city is surrounded by a wall for dwelling purposes. This is because the objects acquire a residence in the non-Jewish domain.
Siman 402
1. The Laws that Apply to a Trench Filled with Water Located Between the Shabbos Limits of Two Towns:When water collected within a trench located between the Shabbos limits of two towns {see Eruvin 47b-48a}, and filled it, with part of [the trench] located in the Shabbos limits of one town and part in the Shabbos limits of the other, [the residents of] both towns are forbidden to draw [water] from it [on Shabbos], even though [the residents of] each [town] are drawing water from within their own Shabbos limits. [The rationale is that] the residents within a techum (Sabbath limit) acquire ownership of the city, and these residents can intermingle with each other. However, it is necessary to make a partition at the end of the boundaries to separate them. Even if the partition is suspended and does not touch the ground of the ditch, it is still valid. As for the ownership of the non-permanent structures, it is considered insignificant. RAMA: And a pit of straw standing between these two domains, those eat from here and these eat from here, and there is no concern that one will take from the portion of his fellow. (Chulin) And if the water is drawn, no correction is needed, as they do not acquire a dwelling and they are like the feet that fill [the space].
Siman 403
1. The Laws Applying to a Group of Fields that Non-Jews Enclosed [on Shabbos],[The following laws apply when a person] spent Shabbos in a group of fields and non-Jews enclosed [the area] on Shabbos with partitions erected for the purpose of habitation {See Eruvin 42a}: One may only carry an object in a public domain {i.e. within a total area of 2000 amot} that is not completely enclosed by walls, roofs, and partitions up to a distance of four cubits, unless an eruv has been established. {Ed. Note: The rationale is that the person was not located in an area encompassed by these partitions at the commencement of the Shabbos} It is permitted to [transfer articles] within the entire [enclosure, if the person does so] by throwing [the article], for [the person] may throw an article even beyond the 2000 [cubits comprising his Shabbos limits]. It is considered as if it is surrounded by a wall for the purposes of carrying inside it on Shabbat But to carry something beyond four cubits is prohibited, even within two thousand cubits (Beit Yosef citing Tosafot and Hagahot Ashri, chapter of "Mi She'hutziah").
Siman 404
1. The Laws Governing Whether [the Prohibition against Going Beyond] the Shabbos Limits Applies Ten Handbreadths Above [the Ground]: Concerning a person who walks more than 1o Tefachim outside the domain, such as jumping on top of ten-foot tall columns, and each one of them does not have a measurement of four handbreadths by four handbreadths, thus it is doubtful whether there are any areas above ten handbreadths or not. And when it is a Rabbinic law, its doubt will be resolved leniently. RAMA: However, if one was walking on this path or by jumping there from within twelve cubits outside of twelve cubits, we follow the more stringent opinion, which states that the boundaries are twelve cubits according to Torah law (see my own words and Responsa of the Rambam).All authorities agree that the Scriptural prohibition [against going beyond] the Shabbos limits does not apply [to travel] on seas and rivers even [when one goes] beyond twelve mil, because [these bodies of water] do not resemble the encampment [of the Jews] in the desert. When a person is traveling in a ship on Shabbos and arrives at a harbor [on that day], if [the ship] was always traveling ten handbreadths above seabed or riverbed from the commencement of the Shabbos until [the time when] the ship reached the harbor, [the person] is not considered [as one who] went beyond his Shabbos limits, and this person has 200o cubits from the place where he was lower than 10 tefachim. {Ed. Note: [The person] establishes his Shabbos place [only] when he reaches a place that is less than ten handbreadths [from the bed of the sea or river], i.e. near the harbor, and [from that point, the person] is granted 2000 cubits in every direction}. RAMA: But if there is doubt whether it is above ten handbreadths or not, we follow the lenient opinion (see Ha-Maggid, Ch. 27). But if he has already gone two thousand cubits from the point where he landed downwards, he only has four cubits [of space to move] nevertheless, if he needs to leave the boat due to rain falling on him, or because the sun is shining on him, or because he needs to relieve himself, and because of these strong burdens he needs this [leniency] to enter the city, then he has the entire city as his four cubits. (this is the opinion of Al-Ashari, Mordechai, and the glosses of Asheri on Chapter "Mi She-Hotzi'o" [of the Talmudic tractate Shabbat]. See later in Siman Tav-Vav (516) and see earlier in Siman Resh-Samech-Vav (246) regarding one who is riding on the road and darkness falls upon him on Erev Shabbat, what should he do.
Siman 405
One who leaves the Shabbat barrier even a single amah (cubit), he should not enter to be like a member of the city, and he only has four amot from [where] he is standing and out.
If his leg is inside the barrier and one leg is outside the barrier, he should enter.
One, when Shabbat begins, is outside the barrier of the city, even a single amah, he should not enter to be like a member of the city, and he should only walk two thousand amot in each direction from the place he was in when Shabbat began.
One who leaves the barrier without knowing, it is permitted to make a divider for himself of what people made an eruv with, in that direction and they are able to walk there. And they will make around him like a divider and he will enter between them. And the one who does not know the ones who made their dividers that are called like this, but if he left knowingly, it is prohibited.
The one that was taken out of the Shabbat barrier by non-Jews or a bad spirit or other unwilling [removals] or by accident, and he left, he only has four amot. They return him within the barrier, it is like he did not leave, and the whole city is like four amot like at first, and beyond that two thousand amot in every direction. But, if he returns knowingly, he only has four amot. Gloss: And if he entered a boat and the boat went out of the barrier, and returned afterwards to the port that it departed from, it is like he did not leave, because it is considered like non-Jews took him out and returned him (Or Zarua).
Non-Jews place him outside of the Shabbat barrier in an enclosure, in a prison, or in a cave, or in a different city surrounded by a wall as a dwelling, or he was forced the rest of the types of forced circumstances, or it was an accident and he went out of the barrier and entered into one of those, and then he remembered and he was inside, he can walk in all of it; but if he went out of the barrier knowingly, even though it was one of these, he only has four amot.
The one that departed on his boat in the sea, he can walk all of it since he stopped in the "air" of the dividers; and if the walls of the boat were opened on Shabbat, if it went, he can walk all of it, if it stands, he can only walk four amot. Gloss: And if in the middle, he has ten walls and he does not have anything on his head, we go after the middle, and even if he does not have anything other than to draw a limit of ten, that we say, we limit to complete (Or Zarua).
He if went out knowingly and returned by way of non-Jews, he only has four amot; however, if he went out of the city walled for dwelling (The Rosh chapter One who went out and Rabbi Yerucham HY''H and Or Zarua) all of it is like four amot; and even if he went out knowingly and returned knowingly. Look later of the laws of cities Siman 401.
Fruit that was taken out of the Shabbat barrier and returned, they do not lose their place as the whole city is for them like four amot and two thousand amot further in every direction like from the outset if it is a Yom Tov; And if it is Shabbat, it is permitted regarding eating in their place, and even for the same Jew that returned them for his need intentionally, 49, they are forced circumstances. And the whole time that they are not returned and they are outside their place, if he took them out accidentally, it is permitted to eat them, but it is prohibited to move them out to eat them for four amot, and if he took them out intentionally it is prohibited to eat them even one who did not take them out. And there are those who permit for the one who did not take them out.
Siman 406
One who went out of the Shabbat barrier unknowingly, he only has four amot, and if he needs to "go do the bathroom", he is able to leave from there until he finds a private place to turn; and it is good advice that he approaches the side of the barrier, because if he does not find a private place until the barrier he can enter, and after he enters, it is like he did not leave since he entered with permission; but if he found a private place first, he should not enter except to face there, and he should distance himself from the place he turned until he covers the smell, and there he has four amot. And if he distances himself from the smell and enters into the barrier, it is like he did not leave. And if he went out knowingly, he has no fix. This that we said, regarding the need to "go to the bathroom", there are those who say even for urine and there are those who say specifically for feces.
Siman 407
One who went out of the Shabbat barrier with permission, for example a midwife brought a child or things like that, she has two thousand amot in each direction from that spot that he arrived at; and if he arrived to a city, then he is like the people of the city and he has two thousand [amot] in each direction outside the city look before at the end of Siman 248.
If he goes out with permission and walks on the path, and they said to him: the mitzvah is already made when you went out to do [it], he has from his place two thousand amot in each direction; if he has a little of the barrier that he went out from with permission, it is absorbed within the two thousand amot that he has from his place, when he returns to his place it is like he didn't go out.
All those who venture forth to rescue from the hands of non-Jews, or from the river, or from the rubble – have two thousand cubits in each direction from the place of rescue; and if the hand of the non-Jews was powerful, and [the rescuers] were afraid to remain in the place of rescue, they may return on Shabbat to their own location, with their weapons.
Siman 408
Siman 409
Siman 410
Siman 411
Siman 412
Siman 413
Siman 414
Siman 415
Siman 416
Siman 417
On the beginning of the month, it is permitted to do work. However, those women who follow a custom to not engage in work [are following] a good custom. Rema: And if the custom is to do some kinds of work and not to do some [other] kinds of work, we follow the custom.
Siman 418
The law of fasting on the beginning of the month. It contains five sections. On the beginning of the month it is forbidden to fast.
Fasts are not decreed for the congregation to occur on the beginning of the month, on Chanukah, or on Purim. If they began, i.e. they declared a fast of a specified number of days, beginning from before the beginning of the month, then even on the first of the month they shall not disrupt [the fast. Instead] they shall fast and remedy it.
An individual who commits himself to a fast of a specified number of days, and the beginning of the month interrupts, or if he commits himself to fast on the beginning of the month: If he committed himself using common language of accepting fast, he does not require formal release from his vow (and his pledge is automatically abrogated). But if he committed himself with the phrasing "I hereby accept upon myself," i.e. the language used for an oath, he needs to be released from his vow by a sage. See Yoreh De'ah, Chapter 216 section 3.
If he swore to fast a specified number of days and the beginning of the month happened to be included among them, the oath is binding upon him because of the general prohibition. However, if he explicitly swore to fast on the beginning of the month, it appears to me that the oath is binding on him because the [prohibition] has only a rabbinical source. Yet from the words of Rambam, it appears that the source is biblical. See earlier, chapter 570.
One who fasts for a dream on the beginning of the month, on Chanukah, or on Purim, must add a [second] fast onto his fast.
Siman 419
It is a Mitzvah to feast a lot on Rosh Chodesh.
Siman 420
Siman 421
Siman 422
Arvit, Shacharit, and Mincha, one prays 18 blessings and says, "Ya'aleh v'yavo." And if one did not say it in Arvit, we don't make him go back, and at the place that he remembers and doesn't go back, see Siman 294, Seif 4 and 5, regardless if Rosh Hodesh is one or two days, because we don't sanctify the month at night. But if one did not say it in Shacharit or Mincha, we make him go back. And if it is remembered before he begins "Modim", he says it in the place that it is remembered. And if it wasn't remembered until after he began "Modim", if it is remembered before he completed his prayer, he returns to "R'tze." And if it is not remembered until he has completed his prayer, he returns to the beginning. And if he is accustomed to say supplications after his prayer and he remembers after he completed his prayer before he uprooted his feet, he returns to "R'tze." Gloss: And if its doubtful if he mentioned it or not, he does not have to go back (Kol Bo in Hilchot Tefilah). And the prayer leader that forgot from mentioning it in Shacharit, see Siman 126.
And we recite Hallel in skips, either as individually or publicly. And there are those who say that the public bless over it in the beginning to recite Hallel, and if he blessed to complete, he does not need to go back (Mordechai Chapter "With what do we kindle and Stalks of Wheat"); and at the end, "Y'hallelu'cha." And an individual does not bless over it. And there are those who say that even the public does not bless over it, not at the beginning nor at the beginning, and this is the position of the Rambam, and we are accustomed with all the kingdoms of the Land of Israel and its surrounding areas. Gloss: And there are those who say that also an individual blesses over it (Tur in the name of the Rosh and Rabbeinu Tam). And we are accustomed to do this in these countries. And in any case one should be careful to recite publically in order to bless on it with the public. And there are those who say that when a person recites individually, and two that say it with him the beginning of the chapters that this is like [when] many [recite] (Mordechai Chapter "With what do we kindle and accumulations" in the name of Shocher Tov). And they are accustomed to this in "Hodu" and not in "Ana."
Regarding the subject of verses that are doubled, and also the verses that the prayer leader says and the community answers after him, each place [should do] according to their custom.
Regarding the subject of stopping, even in the middle, one greets a person with "Shalom" and he needs to treat them with honor and respond "shalom" to everyone, but regarding after he should not stop. And specifically with Rosh Hodesh and Passover on days that we does not complete Hallel, but when we complete it, regarding the subject of stopping, it's law is like the recitation of the Shema. See Siman 488, Seif 1.
If he stopped and waited, even if he waited the length of time it would take to finish all of it, he does not have to go back to the beginning.
The one who recites Hallel out of order, he did not fulfill [his obligation]. If he made a mistake, he should go back to the place he made a mistake (Rabbi Yerucham).
The mitzvah of reciting Hallel is [done] standing.
Siman 423
The order for reading the Torah on Rosh Ḥodesh, with four clauses: One says the full Kaddish etc, and we bring out the Torah scroll, and four read from it — no fewer than that and no more than that, and nobody does a concluding reading from the prophets.
The kohen reads three verses, which are "And he said," "Command," and "And say" (Numbers 28:1-3). The levite returns to reading "And say," and then reads "The first sheep" and "A tenth of an ephah" (Numbers 28:3-5). The Israelite reads from "The regular offering" up to "And on your new moons" (Numbers 28:6-10). And the fourth reads from "And on your new moons" to the end (Numbers 28:11-15).
And then one says Kaddish, and Ashrei, and U-Va l-Tsiyon, but one does not say Psalm 20. And one returns the Torah scroll to its place, and they stand to pray the Musaf prayer, and the precentor does the repetition of prayer, and says "Keter" to introduce the kedusha, but when he gets to "the whole earth is full of His glory" he says "to each other they praise" as in the kedusha for shaḥarit. And after one finishes the repetition of prayer, one says Kaddish and says Psalm 104, "Bless the LORD, my soul."
There are those who customarily remove tefillin when they want to pray Musaf.
Siman 424
The law of bringing up "Ya'aleh v-Yavo" in the grace after meals, which has one clause: We bring up "Ya'aleh v-Yavo in the grace after meals. And if it was not said, it is not necessary to repeat it. And if it is remembered before one started the fourth blessing, say, "Blessed be the one who gave Rosh Ḥodesh to His people Israel as a reminder." (Rema: See above, SA Orach Chayim 188:7.)
Siman 425
Laws of Rosh Ḥodesh that happens to fall on Shabbat, which has three clauses: On Rosh Ḥodesh that happens to fall on Shabbat, for the 'aravit, shaḥarit, and minḥah services pray the regular seven blessings, but say Ya'aleh v-Yavo in the 'avodah prayer, and it is not necessary to menton Shabbat in the Ya'aleh v-Yavo. And take out two Torah scrolls, and read from the first the seven regular readings for the day, and from the second read the mafṭir — "and on the Sabbath day" and "and on your new moons" until the end of the portion, Numbers 28:9-15. And as a prophetic conclusion read Isaiah 66, "The heavens are My throne" except for Rosh Ḥodesh Elul that falls on Shabbat, on which we read Isaiah 54:11–55:5, "Unhappy, storm-tossed..." (Rema: And some do say Isaiah 66, and thus is the custom in our lands, but on Rosh Ḥodesh Av that falls on Shabbat we as a prophetic conclusion read the portion starting with Jeremiah 2:4, "Hear ye," and this is the general practice where there is no custom. And if Rosh Ḥodesh happens upon one of the four special Shabbatot, we read the final prophetic reading for that reading, and see below, siman 785.)
Rosh Ḥodesh that falls on the first day of the week, as a final prophetic reading on the Shabbat before it we read I Samuel 20:18-42, "And Jonathan said to him, tomorrow is the new moon" (but we do not override "Unhappy, storm-tossed" or "Hear ye" for the day before Rosh Ḥodesh). And if Rosh Ḥodesh is two days, Shabbat and Sunday, as a final prophetic reading we read Isaiah 66, "The heavens are My throne," and some have the practice of afterwards reading the first (I Samuel 20:18) and last (I Samuel 20:42) verses of "And Jonathan said to him," to remind that the next day is also Rosh Ḥodesh. (Rema: And some say that we do not skip from prophet to prophet, and say nothing but the final prophetic reading for Rosh Ḥodesh. And thus is the custom, but if the final prophetic reading is in the same prophet, we do this and that. If there is a wedding on a Rosh Ḥodesh or on other Sabbaths, we do not override the final prophetic reading.)
Rosh Ḥodesh that falls on Shabbat, we include in the musaf the fourth blessing for Shabbat and Rosh Ḥodesh, and conclude it with "who sanctifies the Sabbath and Israel and the new moons."
Siman 426
Siman 427
Siman 428
These are the days on which the holidays may not fall: Rosh Hashanah not on Sunday, Wednesday or Friday; Yom Kippur - not on Sunday, Tuesday, or Friday; Purim - not on Shabbat, Monday or Wednesday; Pesach - not on Monday, Wednesday or Friday; Atzeret(Shavuot) and Hoshanah Rabbah - not on Tuesday, Thursday or Shabbat; Chanukah - not on Tuesday; Taanit Esther - not on Sunday, Tuesday or Friday; 17th Tammuz and Tisha b'Av - not on Monday, Wednesday and Shabbat; The day on which Purim is always the day of the week as Lag b'Omer, and the sign is P'LaG; and the day on which Chanukah falls will also fall Atzeret(Shavuot).
Siman 429
1. We learn the halakhot of Pesach for 30 days before Pesach. RAMA: And it is customary to buy wheat to give to the poor for Pesach. And whoever is residing in the city for twelve months must give for this (Or Zarua).
2. We do not say Tachanun through the entire month of Nissan, and we do not say "Your righteousness" on Shabbat at Minchah, and we do not deliver eulogies, and we do not fast for communal needs, and the first born fast on the eve of Passover. RAMA: And we do not say [the funeral prayer of] Tziduk HaDin during the whole month of Nisan. And the custom is that there is no fasts at all, even on the day that a person's parent has died. But one does fast for a bad dream. And on the day before Passover we do not say Mizmor LeTodah (Ps. 100), nor Kel Erech Apayim, nor Lamenatzeach (Ps. 20). This is also the case on any Festival. And it is customary to eat and drink a little more on the day after the Festival, which is Isru Chag. Gemara and Rashi Perek Lulav
Siman 430
The Shabbat before Passover is called "Shabbat HaGadol" because of the miracle that was performed. RAMA: It's a custom at Mincha to recite the Haggadah from the section of Avadim Hayinu to L’chapeir al kol avonoseinu. (Minhagim)
Siman 431
1. The Time for the Search of Chametz, 2 Seifim: At the beginning of the night of the 14th of Nisan, we search for chametz by the light of a candle in holes and cracks in every place that it would be usual to have brought chametz.
2. Every person must be careful not to start any work or to eat until they have searched. Even if they have a fixed time to study, they should not study until they have searched. If they started learning while it was still day, they don't have to stop ( and some say they do have to stop, which seems correct to me)
Siman 432
1. The Laws Pertaining to the Blessing Recited Over the Search For Chametz, 2 Seifim:Before one begins to search for chametz, the blessing "אשר קדשנו במצותיו וצונו על ביעור חמץ" is said (and if one begins to check without making the blessing, he then makes the blessing) during the entire time that he has not finished checking (Kol Bo). One must be cautious that one not speak between the blessing and the beginning of the search. And it is a good thing not to speaking of other things until one finishes all of the search, in order that he may put his heart into checking in all the place that chametz may enter.
2. With one blessing, one can check several houses. And if the head of the household wishes, a member of his household should arise at the time he makes the blessing, and he should then spread out to check, each person searching his designated place, upon the conclusion of the blessing said by the head of the household. RAMA: It is our custom to leave small pieces of chametz in a place where the searcher will find them in order that his blessing not be in vain (Mahar"i; Ber"in). However, if one did not so [place bread] it does not hold back the need for the blessing because everyone has in mind to burn if he finds [bread]. (Kol Bo).
Siman 433
5- Ce qui a un toit penché et par conséquent ne peut contenir du hamets ne nécessite pas de vérification.
The flesh of a cow's neck does not require inspection, for if there were leaven there, the animals would eat it. Similarly, the crop of chickens does not require inspection, for if there were leaven there, the chickens would eat it. Likewise, the courtyard's center does not require inspection, for if there were leaven there, the ravens and other birds found there would eat it. These are matters that suffice for leaven, but certainly not for sure. However, as explained in section 3 below, it is permissible to dispose of leaven in a place where birds are found, all the more so that it is not necessary to burn it from there, even leaven for sure, until after the time of its prohibition.
7- Un trou appartenant à deux juifs, chacun vérifie jusqu’où sa main atteint. A un juif et un non juif, on ne vérifiera pas, pour que le non juif ne s’imagine pas que c’est de la sorcellerie.
8- Un mur qui pouvait contenir du hamets et s’est écroulé ne nécessitera de vérification que si l’on est sûr qu’il y a du hamets en dessous sans quoi on ne se mettra pas en danger avec les scorpions et on se contentera de l’annuler dans son cœur.
9- Une cave dans laquelle sont posés des tonneaux alignés sur le sol et sur lesquels sont empilés d’autres tonneaux et ce, jusqu’au plafond, on ne vérifiera que les deux premières rangées en partant du haut.
10- On fait la vérification dans les synagogues.
11- Même si on a correctement nettoyé sa chambre on procèdera à la vérification la veille du quatorze. On fera la vérification partout où l’on est susceptible de trouver du hamets y compris dans les poches.
Siman 434
The rules that are practiced immediately after checking, and in it are the following guidelines: After checking, one should be careful with the chametz that he intends to keep, so that he does not need another check. For example, if a mouse passes by it or if some of the chametz is missing, such as if he placed ten loaves of bread and found only nine, he should ensure that it is properly covered. However, if he simply does not know whether any of the chametz is missing or not, and if he forced a utensil onto it and did not find any chametz, he does not need to check again. Certainly, if a person has taken care of it, he will force a utensil onto it, or hang it in the air, or put it in a box in a place where mice cannot reach it.
Siman 435
Siman 436
Siman 437
Siman 438
Siman 439
Nine piles of matza, and one of chametz, and a mouse comes and takes [from the piles] and we do not know if the mouse took chametz or matza, and the mouse entered a checked house - you must return and check it (however, if the food is small enough that the mouse could have eaten it - we can rely on a leniency that the mouse did eat it, and you do not need to check) (Tur), as every established place is like a half of a half [i.e. each established location is treated as its own majority]. If the food was separated from its established place, and the mouse took it from there - you do not need to return and check it, as anything separated [is considered to be] separated from the majority.
Siman 440
Siman 441
Siman 442
A mixture including hametz, on its account one transgresses the prohibition on seeing hametz (Exodus 13:7) and the prohibition on finding hametz (Exodus 12:19), e.g., brine, bread/milk preserve, beer, and the like. But something that is a mixture containing hametz but is not fit for consumption, one is permitted to keep on Pesah, e.g., the leather-worker's mixture that one put into it skins and flour, even if one put them together an hour before the time of destruction of hametz, it is permitted to keep it. But if one did not put the skins in but did put the flour in: three days before the time of destruction of hametz, one is permitted to keep it since it is lost and spoiled; within three days, one must destroy it. Similarly, eye salve, bandage, rag, or medicine that one has added hametz to, it is permitted to keep them over Pesah since they have lost the form of hametz.
One is obligated to destroy beer made from wheat or barley [before Passover]. And, similarly, if one made cheese from vinegar from wheat or barley beer, one is obligated to destroy that cheese [prior to Passover].
...Hametz that became spoiled before the time it would be forbidden (to derive benefit) and it became disqualified from dog consumption, or it was burned before its time, and it was singed until it would not be appropriate for dog consumption, or it was dedicated for sitting upon and it was plastered with tar, one is allowed to keep it on Pesach.
Ink boiled with barley beer is permitted to write with [on Passover].
Siman 443
Status of chametz on Pesach Eve after six, in three parts: Chametz from the sixth hour and on on the fourteenth is prohibited to benefit from (even chametz of gentiles) and the Sages proscribed two hours previously, for from the start of the fifth hour and within it is permitted to benefit and permissable to sell it to gentiles even many at once, because we certainly do not eat it before Passover, though you can feed it to wild animals and birds, and only if you watch over them lest they be deterred from it and they eat what they have measured. And from the start of the sixth hour and on they proscribed it even in benefit. Gloss [RMA]: And in a leap year when the day is long these are four hours according to the nature of the day, and it is permitted to eat chametz until a third of the way through the day. And some say until two hours before noon.
An Israelite which has the chametz of another Israelite in hand as collateral -- we delay until the fifth hour, and if its master doesn't come we sell it to gentiles, and if he does not sell it he is obligated to burn it in its time of proscription, even if if he wasn't obligated it its responsibility.
If he exchanges anything for the chametz after the sixth hour, it is permitted, because [the prohibition of] chametz does not take effect on its money.
Siman 444
When the 14th of Nissan occurs on Shabbat we search for Hametz on the 13th and burn everything before Shabbat and we leave over enough food for the first two Shabbat meals for the timing of the third meal is after Mincha time and at that time we are not able to have the meal with either matzah or hametz rather with matzah ashirah (egg matzah) and the meal should be eaten before the tenth hour.
Rema: And in our lands where we don't eat matzah ashirah (egg matzah) as said above in section 462:4 we have the third meal with fruit or meat or fish as is found above in 291:5.
Siman 445
The laws of destroying hametz... How is hametz destroyed? He burns it or crumbles it up and throws it into the wind or casts it into the sea. And if the hametz was hard and the sea would not cause it to break up quickly, he must first crumble it up and then throw it into the sea. Hagah: And the custom is to burn it.
Siman 446
Siman 447
Laws of mixtures of chametz within Pesach: 12 sections
Chametz on Pesach makes a mixture forbidden, whether or not the mixture is of the same type as the chametz, in any amount and one cannot even derive benefit from it. And one must burn it all and its not sufficient to redeem the value of the chametz and sell the rest (מרדכי פ"ק דפסחים ופסקי מהרא"י סק"ד ותשובת מהר"י ברי"ן). However, vessels which one cooked this mixture in are permitted to be used after Pesach and don't need to be destroyed or scalded(ד"ע ותוספות פרק כל שעה). The laws of mixture of chametz are the same as the laws of other forbidden mixture, except whereas other mixtures are permitted where less than 1/60 is present, chametz mixtures remain forbidden where any amount is present. But if in the rest of the mixture there was no need for sixty, rather just a peel or taking a place, so to with chametz, it is hot in the heat without a sufficient sauce in the peel like other forbidden mixtures, and if a loaf of chametz touches a loaf of matzah and they are both hot and there is nothing bubbling, only the place of contact is forbidden, since it didn't absorb further. And the law of Reichah Milsah regarding cooked dishes which have chametz in them and other cooked dishes: there is room to be lenient in a place where it would be permitted with regard to other forbidden mixtures((מרדכי פרק כל שעה). And there are those are strict (הגהות סמ"ק ותוס' דע"א). This is all specifically where Reichah is relevant. Rather, regarding other forbidden mixtures, it is not relevant, as we'll see in Yoreh Day'a 98 with Hashem's help
Hametz that was mixed in [even] after 6 hours [still] does not prohibit the mixture with a minimum of "any amount" until the evening. On the contrary, its status is like that of all other prohibited things [and it has a minimum of 60:1]. (Gloss-If it has a spoiled flavor this too permits it.) (Ed.-This is his own opinion based on the general consensus.) ...
... Wheat which was found o the eve of Pesach in cooked chicken: it's permitted when it's less than 1/60. However, if one heated the chicken on Pesach when the wheat was still inside, it reverts to giving the innards taste and is forbidden in any amount. However, if one heated it in a kli sheini, one need not be concerned. There are those who rule strictly regarding a kli sheini on Pesach and Yom tov, saying if the kli sheini is heated to yad soledes bo, this is not called a kli sheini ....
If chometz became mixed in before Pesach began, it is buttul (nullified) in 60 (i.e. less than 1.67%). It does not return and become revivified on Pesach and forbidden even in a minute amount. And there are opinions that disagree with this (and hold it does become revived). Hagah: and our custom is like the first opinion regarding all mixtures that is wet within wet. But we forbid if the thing is dry that is mixed (or there is concern that it mixed) like bread that fell into wine; even though it was taken out from the wine, it's prohibited on Pesach because of the concern that maybe crumbs remained in the wine which give taste on Pesach....
Dry meats, cheeses, and fishes when they were saltd before Pesach and we were not careful with them: are permitted for consumption on Pesach. However, fishes which were salted by soaking them in water on Pesach in a chametz vessel: one should be strict and warn against them because they absorbed flavor from the discharge of the vessel on Pesach and any amount of chametz is forbidden on Pesach.There are those who disagree or rule more strictly and in our countries, the custom is to be initially strict not to eat dried cheeses or fishes or meats. However, meats which were thoroughly washed out three times before Pesach: we are accustomed to eating those, [However], Intestines: it's not effective to thoroughly wash them out, therefore we don't soak "dry butcher goods" (מהר"י ברי"ן) . After the fact though, we're not strict with these. However, fat which was melted in a chametz vessel is forbidden in places where there was not caution at the time of making products from chametz, so that there should not be [fats] melting in a chametz vessel which was used within 24 hours (מרדכי ריש פרק כל שעה וסמ"ק והגמ"יי פרק א'). Anything which was cooked in a chametz vessel, such as cooked wine or jam or similiar things, is forbidden on Pesach. However, there are those who are lenient during the final Yom tov. (פסקי מהרא"י סימן קע"ז). And the law is: If a minute amount of these things is mixed into a food, we're not strict to forbid the mixture, so seems appropriate to me. There are those who are strict about using "vinegar wine" which was used throughout the year, for they are concerned that perhaps one might place the remnants [of the wine] from a meal into it and there occasionally may be bread crumbs in [the remnants] (מהרי"ל). In our locales, where "vinegar wine" is not commonly found, I don't see any reason to be strict about this. There are yet others who are strict initially to not fill [barrels] with wine or vinegar wine [with a] chametz utensil within 3o days of Pesach, and if one was filled [with it] within 30 days, they are accustomed to not drink it on Pesach (תשובת מהר"י ברי"ן). And the one who is lenient does not lose, how much more so in places where wine and vinegar are not commonly found, so seems appropriate to me. A barrel of wine whose boards are attached with dough: if its within two months of Pesach, then its still soft and giving taste on Pesach and [therefore] it's forbidden to drink it. And if it was put there before then, it has dried out and its not giving taste and [therefore] it's permitted. However, if there's a "kezayis" of dough in one place, one is obligated to destroy it even though it was made to strengthen [the barrel] (פסקי מהרא"י סי' קמ"ט), as shown earlier in 442:7
Siman 448
Siman 449
Siman 450
The Laws Pertaining to [Chametz Owned by] a Jew and a Non-Jew in Partnership, 7 Seifim 1. If an Jew borrowed a loaf of bread from their fellow Jew before Passover, they must repay it after Passover. Failing to do so would be considered theft.
2. If a Jew regularly borrows flour from a non-Jew on a weekly basis with interest, before Passover they should tell the non-Jew to give them either flour or money during the week of Passover. Once an agreement is made in this manner, even though after Passover the non-Jew gives them leavened loaves as a replacement for the flour and money, it is permissible.
3. If a Jew and a non-Jew jointly own an oven, the Jew should say to the non-Jew before Passover, "You take your portion of the Passover [baked goods], and I will take mine afterwards."
4. If a Jew had an oven, and a non-Jew baked leavened bread in it during Passover, even accepting payment for its use is prohibited, as it would involve benefiting from something prohibited. However, if the payment has already been received, it is permissible to benefit from it.
5. One who permits renting their oven to a non-Jew for the purpose of baking matzah in it, and if they bake leavened bread in it, one does not need their services. Note: Similarly, it is permissible to rent them a house for dwelling in, even though they may subsequently bring leavened bread into it. (Agur)
6. One may say to a servant on Pesach, "go, take this dinar and buy and eat", even though he knows that he will acquire leavened bread. However, one should not tell him, "Go and eat, and I will compensate." Some permit even this, except if the dinar was given or exchanged directly. Note: It is forbidden to purchase leavened bread for a non-Jew on Passover, even with the non-Jew's own money. (Rivash, Siman 41)/i>
7. It is forbidden to rent utensils to a non-Jew on Passover for the purpose of cooking leavened bread in them. However, one may rent a donkey to a non-Jew for the transportation of leavened bread. Note: Some permit using chametz utensils to heat water or for washing purposes, as well as benefiting from other non-food-related uses, and this is the customary practice. (Tosafot, Perek Ein Ma'amidin; Mordechai, Perek Kol Sha'ah)
Siman 451
Ceramic dishes that have been used for hametz the whole year, even if they were used for oats or other grains, should be wiped well such that there is no noticeable hametz left, and then it is permitted to keep them until after Passover and use them either for what they were used for before Passover or something different. They should be hidden on Passover in a hidden place where one does not normally go, lest one come to use them on Passover. It is good to close them in a room and to hide the key. But refiring it in fire does not work for any ceramic item that was used for hot things, even if it was not used on the fire and boiling liquid was just poured into it. Rem"a: There are those who forbid even for the second container (the Magid chapter 5). Even if they are filled with coals, we are concerned that he will be worried that the containers will crack (meaning that they will break) and will not do a complete refiring. However, if he returns them to the furnace where they make new ceramic items, it is permitted. Because they are sent into a big fire like this, clearly he will not be concerned that they will break. But this is not true of our ovens. Rem"a: For every object that needs to be made white-hot or scalding, it is forbidden to use it even for cold things without kashering it (Mordechai at the beginning of Chapter Kol Shaah). See in Yoreh Deah Chapter 421.
If a kuvia, which is a object made of bricks and dirt, and one bakes on fries in it, or also a small oven called a pidlya, are refired from the outside, it is forbidden to bake in it on Passover, because the hametz inside is not removed. If it is filled with coals on the inside, it is permitted.
Knives should be scoured in the first vessel and then they are permitted. The first vessel was where water was boiled on the fire, even if it is not now on the fire but is still boiling. Before the scouring, they must be cleaned well with a whetstone or a millstone to remove all rust before they are kashered. Therefore, if there are crevices such that they can't be adequately cleaning, it is not sufficient to scour them (the meaning of [the word "hagalah" - scouring] is spitting, because the objects spit out the prohibition in them, and it comes from the language of "Their cow calves and does not cast her calf" [(Job 21:10)]) alone, and they need to be made white-hot where there are crevices. Rem"a: The sheath of the knives cannot be fixed by scouring, and it is forbidden to put the knife in it on Passover (Mahari"l).
Objects used on the fire, like skewers and gridirons and similar things, need to be made white-hot (libun). Libun is such that there are sparks on them. Rem"a: Some are lenient if it is hot such that straw burns on it from the outside (Mordechai the end of Avoda Zara and Hagahot Maimoni chapter 17 from the Laws of Forbidden Foods). We follow the first opinion for everything that requires libun, but for something that needs scouring but has cracks or we are stringent to make it white-hot, it is sufficient to do this lesser libun. A tripod needs libun (Mahari"l).
Objects that were used with hot food should be kashered according to their use. If they are used with a first container, like a spoon that was used in the pot, they must be kashered in a first container. If they are used in a second container, they must be kashered in a second container. For an object that was used when pouring from a first container, it is not sufficient to kosher it in a second container; rather, it must be poured on from a first container. Rem"a: All objects that have cracks or crevices or rust inside them such that it is not possible to pick at them and remove them require libun where they have cracks or rust (Rashba in a responsa).
For every object, we follow how it is most used. Therefore, dishes, even if they are sometimes used in a first container on the fire, because they are most often used by pouring from a first container, they should be kashered thus. Rem"a: There are some who are stringent to scour them in a first container (Tur in the name of Avi Haezri and Mordechai Chapter Kol Sha'ah, and Tosafot at the end of Tractate Avoda Zara), and such is the practice. The same is true for everything where there is a concern that it was used in a first container, like spoons and the like (Hagahot Maimoni chapter 5). There are some who are stringent to scour every cup, even though it is used for cold liquids, because sometimes it is used for hot liquids (Rabbenu Yerucham), and it is the practice o scour them, but after the fact, washing them is sufficient. For big pots that cannot be inserted into a first container, one should put a white-hot rock on top of them and pour boiling water from a first container, and it is as if [they are being kashered in] a first container. The rock should be moved around the whole pot, because then it the whole thing is scoured (Mordechai chapter Kol Sha'ah and Hagahot Maimoni chapter 5 and Agur and Issur vHeiter Principle 58).
There is one who says that spoons made of ivory cannot be scoured. Because they are ruined in hot water, the concern is that [the owner] will be worried about them [and not kasher them sufficiently].
Wooden, stone, and metal objects are kashered by scouring. Rem"a: Also bone vessels require scouring (Mordechai Chapter Kol Sha'ah).
If one scours before the fifth hour [on the day before Passover], he can scour first containers, second containers, and objects that only absorbed a small amount together, and he need not worry (it is also true that he can scour an object two times) (his own words).
For baskets in which meat is salted, some require scouring. There is one who disagrees, and he seems right. (It is good to scour them or to purchase new ones.)
A pan that is fried (meaning that oil is put on it to cook) on is permitted by scouring. If it is long, one side is put [in the water], then it is flipped and other side is put in. If it is even longer, the middle should get libun. (Any libun such that straw burns on it is sufficient. There are some who are stringent to do libun for a pan, but any libun is sufficient as long as straw burns when placed on the outside (his own words). The practice is to do libun a priori, but scouring is sufficient if there are no crevices (Mahari"l)).
All objects' handles require the same scouring as the objects. Rem"a: However, if one did not scour the handles, it is not forbidden after the fact, and even a priori, it is permissible to scour the handles by pouring [hot water] on them (Long Issur vHeiter Principle 58).
If an object has a patch and the patch was put on before the prohibited substance was absorbed, the patch need not be removed, because the [prohibition] is emitted the same way that it was absorbed. If the absorption predated the patch, the patch must be removed before scouring, or coals should be put on the place of the patch until the prohibited substance would burn if it were there, and afterwards the whole object can be scoured. If [the patch] is wooden, there is no way to kasher it except for by widening the gap such that it is possible to remove what is inside. Rem"a: Regarding, impressions that the artisans make on dishes, it is permissible to scour them, as they are there initially. They should be scraped out well (Issur vHeiter and Hagahot).
The iron cover that covers the pot requires scouring, because it sweats from the heat of the pot. If it was placed on the pot during Passover without scouring, the entire dish is forbidden, because the sweat of the cover mixes with the dish.
The iron cover that is placed over a cake when it is baked on a stove requires libun.
A mortar requires scouring. If it is too big to be put into the pot, we put boiling water in it and then insert a hot stone and the boiling water overflows onto all sides. Everything like this is considered scouring with a first container. Rem"a: There are some who are stringent and do libun for a mortar (Tur Yoreh Deah in the name of Rabbi Yoel and the responsa of the Rashb"a and the Tur in the name of Rash"i and Rabbenu Tam), but any libun such that straw will burn from the outside is sufficient (his own words). And the practice is to do libbun a priori, but scouring is sufficient if there are no crevices. If the mortar is wooden, one should peel it with an artisan's tools, because we are concerned about crevices. Afterwards, it should be scoured (Hagahot Maimoni chapter 5).
The sheet on which [dough] is arranged the whole year and the kneading trough require scouring. Rem"a: Peeling with an artisan's tool does not work. For everything that requires scouring, peeling does not work (Mahar"i Weil). The practice is not use troughs and boards on which kneading is done the whole year during Passover, even after scouring, and this is the essential position (Mordechai Chapter Kol Sha'ah and Kol Bo), and this was already explained above in chapter 442 paragraph 11.
The sieve must be checked fully to clean it from the breadcrumbs that stick to it and that stick and cling to the holes in the screen of the sieve and its wood. It should be wiped with water very well. This is true of all of the tools of kneading, that wiping is important. Rem"a: The practice is not to use a sieve after scouring, and this should not be changed (Mahari"l and Beit Yosef). This is true of all similar things, like the tool that we call "rib eizen" and the pouch for the millstones (Mahari"l): for all of them, scouring does not work. Also, baskets that are used for hametz are lke sieves. But old bags are treated leniently after washing them. The stitches must be undone before they are washed (Trumat HaDeshen chapter 116).
Regarding, the shovel that is called "fila," some say that scouring is not sufficient and a new one must be purchased.
We normally pour boiling water on tables and cupboards in which food is stored during the year, because sometimes soup from the pot spills onto them....
Clay barrels in which barley beer is stored are permitted through scouring or by pouring for three days. Rem"a: Scouring the barrels should be done thus: stones should be made white-hot and put inside. Boiling water is poured from a first container. The barrel is rolled such that the scouring gets to every part (Hagahot Maimoni chapter 5). After the fact, if wine or honey was put inside without scouring, but [the barrel] was cleaned well, it is permitted to drink from it on Passover (Mordechai chapter Kol Sha'ah and Hagahot Oshr"i chapter 2 of Avoda Zara and Trumat HaDeshen in chapter 201).
All items, even ceramic ones, that were used for cold hametz are permitted to be used for even hot matzo, besides for the yeast or charoset containers. Even though these have only been used for cold hametz, it is forbidden to use them for hot matzah, but it is permitted to put in cold, baked matzah, but it is forbidden to use them to knead. This is all without scouring, but after scouring, even the yeast or charoset containers can be used if they are not ceramic. If they are ceramic, scouring does not work; even if they have only been used for cold hametz, they cannot be used for even cold matzah. Today, the practice is to not use old earthen jars on Passover (meaning old ceramic things). (The winter house-oven is treated like a ceramic object, and it is forbidden to put anything on the oven on Passover) (Mahar"i Weil).
Ceramic objects that are coated with glass are treated like ceramic objects. Rem"a: There are places where the practice is to not use glazed ceramic things, even new ones (Mahari"l). Do not be stringent except for in a place where there is such a practice (Responsa of the Mahari"l)....
Wooden objects coated in an agent called "barnis" are treated like ceramic objects. Rem"a: There are places that are stringent not to use painted things, even when they are new (Mahari"l) and also things coated in tin. Do not be stringent in this regard except for in a place where there is a custom to forbid (Responsa of the Mahari"l).
All things used for drinking, whether flasks or cups, are permitted after they are washed, whether they are glass, wooden, metal, or ceramic. Even though periodically hot bread is placed in them, because they are usually used for cold things, washing is sufficient, because for every object we follow its usual use. Rem"a: However, there are those who are stringent and require scouring, and such is the practice (see above in paragraph 6).
...Glass containers, even if one put [hametz] inside for an extended amount of time, and even if they are used with hot food, do not need any kashering, because they do not absorb. Normal washing is sufficient for them. Rem"a: There are those who are stringent and say that even scouring does not work for glass objects, and such is the practice in Ashkenaz and in in these lands (Sma"k and Agur). Silver objects that have glass lining inside called "gishmaltzt" should not be scoured, but if it is on the outside, it does not damage [the kosher status of] the object (Trumat HaDeshen chapter 132).
...If chicken was cooked on a skewer on Passover, [the food is] permitted, even if previously, meat salted with unchecked salt was cooked on it. Rem"a: However, this should only be permitted after the fact. Similarly, the practice is to clean the faucet in wine barrels (Agur and Mahari"l). Similarly, wooden sticks that are used to puncture drinking containers need wiping to be put into Passover containers (Mahar"i Weil).
Siman 452
THE TIME FOR SCOURING VESSELS; SEVEN SECTIONS One should be cautious to scour vessels prior to the fifth hour so that one need not be particular if the vessels have been used in the past day or not (or if [he is scouring with] at least 60 times the volume of the vessel of water or not (Tur) and similarly if one is scouring vessels which have absorbed a small amount of food together with vessels that have absorbed a large amount of food, and similarly if the vessels were left in the vat excessively, or if the vessels were not left [in the vat] sufficiently and similarly so that he need not be concerned that the water ceased boiling. REMA: there are many who dispute this and they would say that no scouring whatsoever was effected if the water ceased boiling (and similarly is evident from the R"ASH, the SMA"G and the T"H in siman 131 and Agur and Tur in siman 105). Based on this, there are those who are cautious, even prior to the time chametz becomes forbidden, so that the water shouldn't cease the boiling during the entire time of scouring(His own words), and [one need not be particular] that he entered the vessel prior to the water boiling and similarly so that he doesn't have to scour the large vat before and after scouring. REMA: and if he didn't scour prior to the beginning of the time when chametz becomes forbidden, he is able to scour until Pesach itself. When there is a minute amount of chametz, scouring doesn't positively affect it because it will return and reabsorb, rather, it is permitted to incandesce a vessel during Pesach.(His own words and Teshuvat RASH"BA) When one is scouring after the sixth hour but prior to Pesach one must be cautious regarding all of the information described [above] whereas it is not necessary to be cautious prior to the sixth hour
One should be cautious when scouring a meat vessel and a dairy vessel together unless one of them was not used in the past day. (And certainly regarding a forbidden food vessel and based on this, it is customary to not scour vessels which have been used in the past day.)
A number of vessels should not be placed inside of a single vessel and then scoured together (if there is contact between them)
If he scours with forceps, he should rotate the vessel lest the area clamped by the forceps not be sufficiently contacted by the boiling water.
One may not scour in the hot-springs of Tevaria, even vessels which have the status of secondary vessels, because the heat is not born out from a fire. That which is absorbed is similarly ejected and just as [the food] is absorbed through heat born out from fire, so to it is ejected through heat born out from a fire. REMA: However, if it's usage is only in the waters of Tevaria, then it may be scoured there (B"Y in the name of A"CH). One may not scour with any liquids except water, however, post-facto, scouring is achieved with all liquids (B"Y in the name of A"CH). If one scours many vessels in the vat to the extent that the combined discharge from the vessels has made the water saucy, one may scour no further [vessels] with this water (RA"N on "Kol haBasar")
[Regarding] A vessels which large to the extent that it cannot fit inside of another vessel because of its size, one should make a lip of clay around the mouth of the vessel to the extent that it can be filled up well and the water will reach the lip. [The vessel] should then be filled with water and boiled, or one should take a hot stone or burning torch and place it inside when the water is boiling and the water inside will be further boiled and will ascend to the lip.
It is customary to rinse the vessel in cold water immediately after scouring it.
Siman 453
These are the things through which one fulfills the obligation of [eating] matza: wheat, barley, spelt, oats and rye - and the custom is to take wheat initially (Maharil) - but not rice and other types of legumes [kitniyiot], and these also do not come to be leavened and it is [so] permitted to make a cooked food from them. REMA: And some forbid [it] (Tur and Hagahot Maimoniot and Mordechai on the Chapter [entitled] Kol Sha'ah). And the custom in Ashkenaz is to be strict [about this], and one should not change [it]. However, it is obvious that they do not render a cooked food forbidden after the fact if they fall into it. And so [too] is it permitted to light with oils that are made from them and [these oils] do not render a cooked food forbidden if they fall into it. And so [too] is it permissible to store types of legumes in the home (Terumat HaDeshen, Section 113). And the seed of dill (Maharil) and anise and coriander are not types of legumes and it is permissible to eat them on Pesach, and so does it appear [correct] to me.
If one makes dough from both wheat and rice, if it has the taste of [wheat] grain, one can fulfill the obligation with it on Pesach.
If one did not separate [from] the wheat the mice-eaten [portions], it is of no concern. REMA: And similarly if one did not separate from it the grain sprouts. However, it is necessary to ascertain that all of this [the forbidden portions] is not equal to one-sixtieth of the permitted portions. (Hagahot Maimoniot in the name of SMA"K and T"H in siman 114)
It is good to make the mitzvah-matzah from wheat that has been guarded so that no water has fallen on it from the time of harvest, or at least from the time since it was ground [into flour]. But in times of duress, it is permitted to buy flour from the marketplace.
Nowadays, it is forbidden to put [water on] wheat or barley.
[Regarding] sacks which one places flour in throughout the year, if one wants to put flour in them [for Pesach], and launder them thoroughly, it is necessary prior to laundering that all the corner stitching or [the stitching around the patches] if they are patched, be let out.
At the time when on is transporting sacks of flour from the mill, it is forbidden to place them on an animal without a saddle or thick leather under the sack. REMA: And similarly, one should be cautious initially to avoid placing many sacks of flour interpositionally where possible (Mordechai commenting on the end of "Ayloo Overin")
It is customary to pick the millstone because there are occasions when one places moistened grain [in the mill] to make finer flour. It is customary that the first flour ground after the picking should be guarded until after the festival. REMA: And it's common for proactive people to personally go to the site of the millstone to personally see the grinding of the flours (Mordechia)
It is necessary to grind the wheat a day or two prior to kneading it and if it was ground on the eve of Pesach, there are those who say that it is forbidden to knead matza [dough] with it on that day. This is because at the time it is ground, it is steaming hot and will heat the water [applied when kneading] and the dough will be prone to leavening.
Siman 454
THOSE MATZOT WITH WHICH ONE DOES NOT FULFILL THE HIS OBLIGATION; 4 SECTIONS One does not fulfill his obligation with husk bread, bran bread, rather, one may knead husks and bran into a dough and fulfill [the obligation] with it. One may fulfill [the obligation] with fine flour Matzah which is excessively clean and we don't say that this is not Bread of Affliction REMA: and it's initially better to refrain from making the Matzah excessively wide to the extent that it is like a big [Ashisha] loaf (MA"HA'RIV).
Regarding] dogfood dough, when the shepherds are eating from it, one may fulfill his obligation with it and if [they are] not, then one may not fulfill his obligation with it as this was not guarded for the sake of Matzah. REMA: These are the words of the RA'M"BAM, however, there are those who say the reason is that [dough] cannot be described as bread whenever shepherds refrain from eating it and this appears to be the accepted principle (Tur Y"D in siman 330 and R"SH in explanation of Tractate Challah P"K)
Contemporarily, there is nobody who knows how to 'fully cook flour without any leavening' [chalatt]. Therefore, all forms of 'fully cooking flour without any leavening' are forbidden.
A person cannot fulfill his obligation with stolen Matzah. Regarding what were these matters said? When one stole Matzah, but if wheat or flour was stolen and made into Matzah, one fulfills his obligation with it because he annexed it through transformation and now he is only obligated for the value (and regarding the principles of blessing, see earlier at the beginning of siman 649)
Siman 455
THE LAWS OF LEAVING WATER OVERNIGHT One may not knead except with water that was left overnight, whether they are waters of a pool or of a spring or whether they are waters of a river and they should be drawn while it is still day (close to the twilight period)(His own words and Haghot Maimoni perek 5) or during the twilight period. One should not knead with them until the entire night has passed. One is able to draw large quantities of water in a single day. If it is hot at the time [of drawing], they[the waters] should be placed in the wine cellar which is cooler and if it is cold at the time, they should be placed out in the open, for the wine cellar is warmer, and one must rise early and bring them into the house prior to the sun rising, even if it's a cloudy day. REMA: and [regarding] if they were not brought in early, if they didn't stand [outside] to the extent that they became warm, they are not tainted. Ideally, the water should be left standing under the ceiling in case one forgets to bring them in early (B"Y in the name of A"CH). When transporting the water under the open sky, one should cover it(T"H siman 115 in the name of SMA"G and SMA"K and MA"HA"RIK). When Pesach occurs on the first of the week, one should draw the waters on the outset of the 13th which is [solar] Thursday night (Mordechai end of the first perek of Pesachim). Initially, one should draw from the rivers and not from the wells (ASHR"Y and Mordechai). However, when the rivers are expanded from the thawing snow and rainfall, ideally one should draw from the wells (MAHA"RIV). One should not spill water left overnight because of a death or the falling of a period [tekoopha] (Mordechai perek "kol sha'ah" and Haghaot Maimony perek 5).Nevertheless, initially, its good to place iron in them [the water containers]. Also, it is forbidden for a gentile to draw the water for Mitzvah Matzos and even regarding other Matzot, a Jew should draw the water (Mordechai and MAHA"RI on RI"N and MAHA"RIL) if possible. It is customary to gather water specifically for the Matzah[s] of the Mitzvah and to take [the water in] new earthenware vessels and one should not deviate from the custom. Regarding a wooden vessel, one need not be strict (about all this)
There are those who say regarding water which was brought into a "Soostirnah" that it is permitted to knead with them around the time they were drawn and one shouldn't be lenient regarding this if the situation does not require it.
One should not knead in hot water even if it was only warmed by the sun and not with water which was gathered from a large boil tank of thick copper which is suspended over a fire-place and the water within is thawed even if there is no fire underneath. If one transgressed [this] and kneaded [whether] with these waters, or waters which were not left overnight, it is forbidden. There are those who dispute this and permit kneading with water which was not left overnight and there are those who say that when used accidentally, it is permitted and where the situation requires it, one may rely on these [opinions]. REMA: and even in when not required, if one accidentally transgressed and kneaded with water which was not left overnight, one is permitted to use it.(Rabbe Yeruchem and B"Y)
[Regarding] water which was not left overnight that became dissolved, at a ratio of 1:2, in water which was left overnight, one may knead with these.
It is customary to not place salt in the Matzah and this is the proper thing and even subsequently one should forbid it (Mordechai and also his own words)
[Regarding] kneading with caraway, sesame and other types of seasonings, it's kosher [for the Mitzvah] since there is the taste of Matzah. Nevertheless, one shouldn't place in seasonings, as they are focused [spicy] and will heat the dough REMA: and if pepper [was added], even subsequently it is forbidden and similarly, if Lime Plaster fell in (MAHA"RIBv).
Siman 456
THE MAXIMUM PROPORTION OF DOUGH WHICH CAN BE KNEADED FOR MATZAH One should not knead a large dough on Pesach to the extent that it requires Challah tithes. This is 43 1/5 average eggs or an 'Isaron'. To measure this, one should fill a vessel with water and pour the water from it into another vessel and afterwards he should place in 43 eggs and return the water to it and what remains [of the water] should be placed in another vessel and that if the vessel holds it, it can now be relied upon [for making the maximum amount of dough for a Matzah] as the measurement [of the vessel] when filled [is the maximum proportion] of flour. The metric should be filled level and not piled and translates to approximately 520 'draham' of Egyptian wheat flour.REMA: and one shouldn't pressure the flour metric because if one does, one may not knead well and ideally one should say 'Leshame Mitzvah'[for the purpose of the Mitzvah] when placing the flour into the metric (MAHA"RIL)
If more than the proportion was kneaded, it is subsequently permissible.
Even though one may not measure flour on Yom Tov, for kneading on Yom Tov of Pesach, one may not knead dough larger than an 'Isaron' [and therefore] it is permitted to measure. There are those who forbid this and say that one should estimate with their judgment and not [take] more than an 'Isaron' (and this is the practice).
Siman 457
THE LAWS ABOUT THE PRACTICE OF SEPARATING CHALLAH TITHES FROM MATZAH DOUGH Because we need to be particular that the proportion of dough is not too large, as there is a concern that the dough may leaven, it is good practice that it [the dough proportion] be lessened somewhat. To that extent, it's good to converge the doughs together at the time of separating Challah tithe to the extent that the doughs kiss[adhere to] each other in a case where they individually don't have the proportions [to be obligated to tithe]. If it's impossible to separate Challah while still in the dough phase because of [leavening] time constraints, it should be separated immediately after baking, when all the Matzot have been placed in a basket. The basket serves to incorporate them together [to meet the proportion for seperating] Challah tithe, and this is the most proper way to do it. REMA: and if there is the proportion for Challah tithe and one forgot to separate, one should separate after that and even incorporating them with a basket is not necessary. If it was taken from some of the doughs and from some of the doughs it was not taken, and they became mixed, it is necessary to separate from every single one [made from that dough] or to knead an alternative dough and take from the alternative on account of the mixture. If it's recognized that one of the Matzot [from the mixture] is obligated in Challah tithe, he should take from it on account of the others.(Haghaot Maimoni perek 3 and Mordechai in the beginning of perek "Ayloo Overeen" and B"Y in the name of Tosafot of the first perek of Beitzah)
[One who is] kneading dough on Yom Tov of Pesach should not designate for Challah tithe until it is baked. If one designated it [prior to baking], it's unfit to bake and if one retains it, it will leaven and it will be unfit to burn on Yom Tov. If one forgot and designated it [rpior to baking], one should move it to into the cold and it will be restrained from leavening. REMA: and if there is a Cohain child who has not seen yet seen ejaculation or an adult Cohain who has immersed himself [and was purified from] his ejaculation, it is permitted to bake the Challah tithe for him(Tur). There are those who say that we should not feed Challah tithe to any Cohain in present times[MAHA"RIV].There are those who say that it's permitted to knead less than the proportion in order to exempt himself from the Challah tithe(RA"N on the beginning of perek "Ayloo Overeen
Siman 458
THE COMMANDMENT TO KNEAD THE MATZAH OF THE EVE OF PESACH: ONE SECTION It is customary to not knead Matzot Mitzvah on the eve of Pesach until after the sixth hour, as this was the time when the Pesach offering was offered. When the 14th [of Nissan] falls out on Shabbos, one should knead on the eve of Shabbos after the sixth hour.
Siman 459
THE PLACE AND ORDER OF MAKING THE MATZOT: SIX SECTIONS One should not knead in a sunny place and on a cloudy day, it is forbidden under any open sky because on a cloudy day, the sun is everywhere. REMA: and because of this, our custom is to be cautious to avoid kneading opposite an open window even where there is no sun, as it may become cloudy and one wouldn't realize.(T"H siman 193)Similiarly, there are those who are careful when moving the Matzot to the oven exposed to the sky, and similarly [when moving] the water and flour.(Haghaot Maimoni perek 5 in the name of SMA"K and MAHA"RIV). One should not approach the oven when kneading because of the heat of the oven.
One should not leave the dough unkneaded even for a moment. Whenever one is kneading it even the entire day, it will not leaven. If one leaves it unkneaded for the rate of [time passed when traveling] a 'mil', it's Chametz. The rate of a 'mil' is a quarter of an hour and a twentieth of an hour [18min/1mil]. REMA: and there is cause to be strict and expedient regarding the making of the Matzot, for there is concern that the suspensions will compound into the rate of a 'mil' or that it will be in a hot place where leavening is accelerated.(Haghaot Maimoni perek 5 and Mordechai perek "Ayloo Overeen"). After we kneaded the dough and heated it in our hands, if he leaves the dough unkneaded, it will immediately leaven. If one began kneading two [dough] simultaneously and it becomes apparent that one has leavened, the second has also leavened even if one does not see the signs of leaven. If it leavens to the extent that cracks form, even if they do not converge together rather one travels here and another travels there, it is considered cardinal Chametz. The one who eats this incurs 'Karait'. If there is a crack but it has faded face(meaning: a change in appearance toward whiter. ARUCH) like when a person's hair stands up, the consumer is exempt [from 'Karait']. REMA: and if the Matzah was formed and there is fear [that the standard] that the dough shouldn't succumb to leavening [will not be upheld], it is permitted to break [the form] and return to forming it so that the kneading will negate the leavening. However, better to be cautious initially.(MAHA"RIL in the name of Aguda and Rokeach)
If a woman is kneading the dough, she should shape it with water [but] not the water which she cooled her hands with because this water has been heated [from this action] and will leaven the dough. Rather she should have another vessel filled with water for shaping it.REMA: however, [where] she transgressed and did not cool her hands, it is permitted.(RAMBAM perek 5)
If [the dough] was kneaded after the beginning of when leaven becomes forbidden, the [hand cooling] waters along with other water used for washing the trough, one shouldn't spill them except in a sloped area so that they shouldn't accumulate in one place and leaven. REMA: and the vessels which one fixes for Matzo use, and the knife which one cuts the dough in portions should constantly be scraped at the time of production so that dough does not adhere to it. After, he should scrub them and dry them well, so that he may return and fix them for use a second time(MAHA"RIL). This is ideal compared to the practice of scraping it, for it's impossible to clean it well by scraping it. A strict person will scrape it and afterward will scrub it. (his own words). On Yom Tov, it's permitted for him to [clean them] via a gentile and if there is not a gentile, one should dispatch them to the cold or place them in the oven so the dough [on them] will bake. Troughs, where it's possible to put something inside them it's implied that it's permissible [to wash it] and other similar things. One should be cautious with a trough which one kneads in, that there shouldn't be any cracks or crevice which one will be unable to pick [all the dough out of] after kneading, and it will leaven and afterward when he returns to knead in the trough, it will mix with the dough(MAHA"RIL). one shouldn't place the trough on a pillow or wool cover when kneading, for it will heat the trough but on leather is permissible.
[If one] transgresses and kneads under the sun, the bread is permitted.
If the dough is [too] soft, one shouldn't add flour, rather one should make a small hard dough and mix it together with the soft dough. REMA: and one should distance the Matzot from the flour for the flour clings to them and go after into cooked food and leaven(Mordechai on the beginning of perek "Ayloo Overeen")
Siman 460
THE LAWS OF THE MATZOT MITZVAH; SEVEN SECTIONS. One should not knead or bake the Matzot Mitzvah via a gentile, a deafmute, an imbecile, or a child.
The R"ASH would personally deliberate on the Matzot Mitzah and oversee the production, inspire those working and assisting them in the flattening [of the dough]. It is similarly fitting for everyone to consign and devote themselves to the Mitzvah.
The who kneads after the beginning of the time when leaven is forbidden should say at the time of kneading [regarding] all crumbs which fall at the time of kneading and flattening and dough which clings to the vessels "I am annulling these." This is in order that when they are found, they will have been annulled prior to leavening.
One should not make shaped cakes of dough, which is shaping the bread like a species of animal or bird. Rather, all that one does with a comb so that it will not inflate or poking holes in the Matzot is permitted. Nevertheless, ideally one should expedite doing these things so as not to delay them [Matzot]. REMA: there are those who make the Matzot wafer-thin and not a thick loaf like other breads, for wafers do not leaven as quickly.
One should not make on Pesach handbreadth thick loaves.
One should not be lenient regarding our strict precedent to not make 'Pandeesh' or 'Pladonish' [for Pesach].
One should not place whole eggs in Matzah to be baked to together with them.
Siman 461
Siman 462
THE LAWS OF WETHER FRUIT JUICES LEAVEN; 7 SECTIONS Fruit juice without water does not leaven at all and is permitted to eat on Pesach Matzah which was kneaded with fruit juice, even if [the dough] was idle all the day. However, one may not fulfill his obligation with it, because of its Matzah Ashirah, and the verse states "lechem onee".
Fruit juice with water accelerates leavening more than other dough, therefore one should not knead with them and if kneads with them he should bake it immediately.
It is permitted to knead with wine even though it's impossible that there wasn't a drop of water which fell into it at the time of pressing. Even initially, it is normal to put water at the time of pressing in order to permit [impurities] via connecting flow. Nevertheless, we are not concerned about this since afterward, the water is neutralized in the [proprotion to the] wine prior to kneading the dough.
Egg liquid and all other liquids are generalized with fruit juice. REMA: and in these countries [Ashkenaz] it is not practiced to knead in fruit juice and even to batter the Matzot is only practiced after they are baked and still hot. One should not deviate from this when not a time of need. The needs of the sick or elderly are [examples] of this.
[When] kneading dough in fruit juice, it is good to do with less than the measure of an "eesarone"[43.2 eggs] so that one isn't obligated in Challah tithe.
Wheat which was found in honey or wine and vinegar is permitted, provided water has not mixed into it.
One should sift the salt prior to Pesach [so that] there is not wheat within it, for when the salt becomes wet, a minute amount of the moisture enters the wheat and it will leaven.
Siman 463
Siman 464
Siman 465
Siman 466
Siman 467
Siman 468
If a brooding hen died after sitting on the eggs three days or longer, one may place another in its stead lest the eggs become spoiled.
One may sweep dung from beneath the legs of an animal.
One may clear the dung in a courtyard to the sides, and if it has accumulated, one may take it out to the garbage dump.
One may take vessels to the craftsman’s house [for repair] and bring others from there throughout the day even though they are not for the purpose of the Festival. (The emerging practice is to avoid bloodletting on the eve of all Festivals; one must not deviate [from this practice])
Siman 469
It is prohibited to say over any cattle, whether living or slaughtered, "this meat is for Passover" due to the fact that one appears to be consecrating his animal as his Paschal lamb, and he thereby eats consecrated items outside the permitted area. Rather, one may say "this meat is for the Festival". Note: and it is prohibited to roast a kid whole (—with its head, its legs and its entrails at its side) even when one does not specify "this meat is for Passover". However, [with regard to wheat] one may say "this wheat is for Passover".
Siman 470
The firstborns, either of the father or of the mother, must fast on the eve of Passover. According to one opinion, even a firstborn daughter must fast (it is not the practice).
Siman 471
Siman 472
...Your table should be set from the daytime, in order to eat right away when it becomes dark; And even if he is in the Bet Midrash, he should leave because it is a commandment to hurry and eat (at the seder) for the children who may fall asleep, but a person should not recite Kiddush until it gets dark.
A woman does not recline unless she is important. (All of our women are called important, but they do not have the custom to recline because we rely on the words of the Ribah who wrote that at that time they do not recline.)
An attendant [servant] needs to lean.
Anyone who is required to recline, if he eats or drinks without reclining, he has not fulfilled his obligation and is required to eat and drink again while reclining. (And there are those who say that in our times where it is not customary to recline, one can rely ex post facto on the opinion of the Ravaya, that he has fulfilled his obligation without the reclining. It appears to me if he did not drink the 3rd cup or the 4th cup while reclining, he should not drink again while reclining for there is a concern that such would appear as adding on to the number of cups; however, regarding the first 2 cups he should drink again without reciting a blessing; and similarly regarding the eating of matzoh and ab initio he should recline the entire meal.)
One needs to drink four cups according to the order. And if one had drank one after the other not in [the proper] order, one has not fulfilled one's obligation of drinking four cups at the Passover Seder.
The quantity of each cup amongst the four cups at the Passover Seder is a quarter-log after one mixes the wine with water, and then one drinks all of it or a majority of it. And if there are many quarter-logs, a bunch of different people can drink from it according to the number of quarter-logs there are in the cup. And there are some who say that one needs to drink a majority of the cup, even if it contains many quarter-logs.
One who doesn't drink wine because it hurts him, or he detests it, must force himself to drink in order to fulfill the commandment of four cups
It's a mitzvah to seek red wine (if the white wine is not better) [Tur].
Even a poor person who is sustained through charity must sell his clothing or sell or rent himself in order to buy wine for the four cups.
Women are also obligated in the four cups and in all the mitzvot performed on that night.
GLOSS: One should not use a cup whose lip is like that of a krug glass, since one is not able to drink a quarter-log in one sip from it. And one should also not take a cup for a cup of blessing of the Blessing over the Meal like this. ... And similarly with a cup for Kiddush. ...
Siman 473
We pour for him the first cup and make a berakha over it, and make the berakha of Sheheheyanu. And if it falls out on Shabbat, one should say "Vaykhulu," and if it falls on Motzae Shabbat one should say ---. And if he forgot to say Havdala and didn't remember until he started the Hagada, he should finish the Hagada until the berakha of "Gaal Yisrael" and afterwards he should say Havdala. (And one should not wash his hands at all before Kidush. If one's hands aren't clean, he should wash a little, but not make a berakha. And the master of the household should not pour for himself, rather another should pour for him like the way of freedom.)
One should drink while reclining and not make a berakha afterwards.
If one wants to drink many cups, he has permission to do so. Nevertheless, it's proper not to drink between the first and second cups, if there's no great need, so that he won't get drunk and be prevented from performing the Seder and the reading of the Hagada.
One washes his hands for the sake of the first dipping [of food], but he does not recite a blessing on the washing. Then he takes less than a kazayit (the size of an olive) from the karpas, dips it in vinegar and recites the blessing, "who creates the fruit of the ground." He eats [it] and does not recite a blessing after it. Then he takes the middle matzah, cuts it into two and gives half to one of those seated to watch it, for the afikoman; and we place it under the tablecloth. And he should place the other half between the two whole ones. Then he raises the plate that has the matzot and says, "Ha lachma ania (This bread of poverty)," until [he gets to], "Mah nishtanah (How is it different)." Gloss: And they should say it in a language that the women and children understand; or one should explain the content to them. And this is what Rabbi Y. of London did - [say] all of the Haggadah in the vernacular, so that the women and children would understand. (Kol Bo and Mahari Beruna) And then he should order that [the matzot] be removed from the table and be placed at the end of the table, as if they had already eaten; so that the children will see and ask [about it].
We pour for him the second cup, so that the children will ask why we drink the second cup before the meal. If the son has no wisdom, the father teaches him. If he has no son, his wife should ask him. If he does not even have a wife, he should ask himself. Even scholars should ask each other "what is different," etc. (And when the son or the wife asks, there is no need to say "what is different," but they may begin from "we were slaves.") And when one begins "We were slaves to Pharaoh," he should return the Seder plate, that on it are the matzot, before him, and read the entire Hagada. And when he reaches the matza or has to raise it, he should show it to those reclining so that they will be attached to the mitzva. (And some lift the matza which is like bread of affliction). And similarly when he reached "this maror." And when he reaches "therefore," everyone should lift his cup in his hand until the end of "Gaal Yisrael." (And some have the custom to throw a little bit from the cup with one's finger when one reaches "blood, fire, and pillars of smoke," and similarly when one mentions the plagues; in all 16 times. And the matza should be uncovered when one says the Hagada until "therefore," when he holds the cup in his hand. Then he should cover the matza.)
Siman 474
Drink the second cup and do not make a first berakha nor an after-berakha over it, for we only say "Bore Peri Hagefen" over the cup of Kidush and the cup of Birkat Hamazon, and we only say "Al Hagefen" after the fourth cup. (The Ashkenazic custom is to say a first berakha over every cup, but we only say an after-berakha after the last cup, and this is the thought of most Geonim.)
Siman 475
Continued laws of the Seder. Containing seven sections: One should wash their hands and bless "Al netilat yadaim" and pick up the matzot in the order that they were placed down - the broken one between the two full ones - and grasp them in one's hand, and bless "Hamotzi" and "Al achilat matza" and afterward break up the upper, whole one and the broken one, both of them together, and dip them in salt [RAMA: But the custom is not to dip it in salt on the first night, since refined-flour bread does not require salt] and eat them while leaning, together, an olive-bulk of each. And if one cannot eat two olive-bulks at once, one should first eat the one from "Hamotzi" and afterward the one from "Achilat matza." And afterward, one should take an olive-bulk of marror and submerge it entirely in charoset, but not let it sit inside it, so that the flavor of its bitterness will not be cancelled out. And for this reason, one must shake the charoset off of it. And one should bless "Al achilat marror" and eat it without leaning. And afterward, one should pick up the third matza and break it up and sandwich it with marror and dip it in charoset [RAMA: And some say that one should not dip it, and this is aligned with customs, and I have seen it practiced] and says "Zecher lemikdash keHillel" and eats them together while leaning. And from when one blesses "Al achilat matza" one must not interrupt with anything unrelated to the meal until one eats this sandwich, in order to have the blessing of "Achilat matza" and the blessing of "Achilat marror" count for this sandwich too.
If one has no greens to dip at first (for karpas) except marror, one should bless at the first dipping "Borei peri haadama" and "Al achilat maror," and at the second dipping one should dip it in charoset and eat it without a blessing.
One who swallowed matza (without chewing) has fulfilled their obligation. But if one swallowed marror, they have not fulfilled their obligation, since the flavor of marror is necessary, and it is lacking. And even if one swallowed matza and marror as one, they have fulfilled their obligation of matza but not their obligation of marror. And if one bundled them in fibers and swallowed it, they have not even fulfilled their obligation of matza, since this is not the normal way to eat.
One who ate matza unintentionally, for example, if non-Jews or thugs forced them to eat it, has fulfilled their obligation, since they were aware that the night was Passover and that they were obligated to eat matza. But if they believed that it was a regular day, or that this was not matza, they have not fulfilled their obligation.
One who ate an olive-bulk of matza while they were overcome by a period of insanity and then later became healed is obligated to eat it after being healed, since that act of eating occurred at a time when they were exempt from all commandments.
One who ate half an olive-bulk and later ate another half olive-bulk has fulfilled their obligation, as long as one does not pause between the two acts of eating longer than the time it takes to eat a loaf of bread. (And see below 612:3)
The obligation to eat matza only applies on the first night. [RAMA: And the custom is to make the three Seder matzot out of an issaron of flour, as a commemoration of the Todah loaves, and they make a mark on them to indicate which is first, second, or third, and they place the first on top, the second in the middle, and the third at the bottom, for the sandwich. But if one deviated, they have not ruined it. (Tur citing RO"Sh) And they bake them in order as well (Kol Bo and Avudraham). And if one of them breaks, they choose that one to be the second one, because in any case it will be split. (Agur)] And even on the first night, one fulfills their obligation with one olive-bulk. (And on the measure of an olive-bulk, see below 486)
Siman 476
The custom of eating a roast on the night of Passover, containing two sections: In a place where they are accustomed to eat a roast on Passover nights, one may eat it. In a place where they are accustomed to avoid eating it, one may not eat it, as a precaution against people saying 'this is the Passover sacrifice.' But in any place, it is prohibited to eat an entire roasted lamb as one on this night, because it appears like one eating sacrificial food outside the Temple. But if it was in parts, or had one limb missing, or if one limb was boiled even while still attached, it is permissible in a place where they are accustomed to it. [RAMA: One should neither eat more than sufficiently nor drink more than appropriately, so that one should not eat the afikoman with coarse eating or even to get drunk and sleep immediately.]
Even beef or poultry, anything that requires slaughter, is prohibited to eat roasted in a place where they are not accustomed to eat a roast. [RAMA: They are accustomed in a few places to eat eggs at the meal, in commemoration of mourning, and it seems to me that the reason is because the (day of the week of the) night of Tisha B'av is set based on the night of Passover. Additionally, it is in commemoration of the destruction of the Temple, where they would bring the Passover sacrifice. And some are accustomed not to eat any dips on that night except for the two dips that we perform in the Seder (Mahari"l).]
Siman 477
After eating the whole meal, each person eats a kezayit from the shemura matza that was wrapped up. This is done to remember the Korban Pesach which eaten on a full stomach. One should eat the afikomen reclining. Do not make a bracha on eating the afikomen. Be sure to eat the afikomen before halachic midnight. Rema: Try to finish Hallel before halachic midnight as well.
If one forgot and did not eat the afikoman and did not remember until one washed one's hands or one said Let us bless, one eats the afikoman without the blessing of The One Who Brings forth. And if one had not remembered until they blessed the Blessing over the Sustenance, if they remembered prior to blessing Creator of the fruits of the vine, one should wash one's hands and bless The One Who Brings forth bread and then eat the afikoman. And if one had not remembered until after they had blessed Creator of the fruits of the vine, one should not eat the afikoman, and rely upon the matzah one ate amidst the meal, since all of it was guarded from the time of kneading. But, in a place where they are accustomed to do the guarding of the matzahs, it is a miztvah from the time of reaping, even if they hadn't remembered until after Hallel, one should wash one's hands and bless The One Who Brings forth bread, and then eat the afikoman. GLOSS: And [if one had gone back and ate the afikoman after having said the Grace After Meals], one should go back and bless upon the cup [of wine over the Grace After Meals] and one need not worry of adding to the cups. And if the afikoman is lost, one can eat an olive's-worth of another guarded matzah.
Siman 478
Not to eat after eating Afikomen. Containing two sections. After Afikomen, one should not eat anything. Haga: And he may not eat it in two places, because it is no better than if he interrupted sleep when it is forbidden to eat it because it is like two places (Tur).
One who sleeps during the meal and wakes, does not return to eat. Members of a group, some of which slept during the meal, may return and eat. If they all slumbered and awoke, the may not eat. If all of them napped, they may eat. Haga: And all of this only applies where they slept after they began eating the Afikomen. But if they slept before that, it is not an interruption (Tur and Rabbeinu Yeruchem).
Siman 479
After eating the afikoman, we mix the third cup and bless the Grace After Meals and Creator of the fruits of the vine upon it, then one drinks it while reclining. And one neither blesses a post-consumption blessing upon this third cup, nor should one drink wine between the third cup and the fourth cup. GLOSS: However, one is able to drink many times from the third cup and all of it is considered as one drinking, even though one interrupts between these drinkings. ...
Siman 480
One begins with “It is not upon us” and completes Hallel upon the fourth cup of wine of the Seder, and one does not say “They praise you”, rather one says says after completing the Hallel, the Great Hallel, which is from “Give thanks to the Lord” until “Upon the Babylonian rivers”, which includes “Because the world is His mercy” and then one says “The souls of all life” after that and “And may he be praised” until “From forever and until forever, you are God” and then one says “They praise you” until “Praised king with praisings” and drink the fourth cup of wine while reclining without a pre-consumption blessing, and then one blesses a post-consumption blessing of “Upon the vine” after drinking it. And if one drank the fourth cup of wine without reclining, one needs to drink the fourth cup all over again while reclining and bless “Creator of the fruits of the vine” upon it prior to drinking it, since one’s mind departed from continuing to drink wine.
Siman 481
After the four cups, he is not allowed to drink wine, but rather water. Gloss (Ramah): And the law of all drinks (besides water) is like [the law concerning] wine (Beit Yosef). And one who is delicate or greatly desires to drink may drink a fifth cup [of wine] and say the Great Hallel upon it (Mordekhai).
Siman 482
The law of one who does not have protected (sheumurah) matzah, and it has one paragraph:
One who only has a kazayit (the size of a [large] olive) of matza recites the blessing of, "about eating bitter herbs," and eats [them]. And when he finishes his meal with matza that was not protected, he recites the blessing, "about eating matza," eats that kazayit and does not taste anything after it. Gloss: And one who only has three matzot for the [first] two nights should recite on the first night, "about eating matza" and "who brings forth (ha-motzi) - and likewise with the sandwich (of matza and bitter herbs) - all upon the [first] piece; and the two [remaining] matzot are [held] for the second night. (Abudarham in the name of Ibn Yarchi)
Siman 483
Whoever does not have wine on Pesach evening can make Kiddush on the Matzah, holding their hand over the Matzah during Kiddush, then saying the blessings of Hamotzi and Achilat Matzah. They then eat some vegetables, recite Mah Nishtana and all the narrative parts of the Haggadah, bless on the Maror, eat it, and then eat Matzah and Maror together [together with the rest of the meal.] Rama: And without a blessing. And in a place that they are accustomed to drink a beverage made from honey that they call mead, one is able to grab that beverage for the four cups at the Passover Seder if one has no wine. And some say that one does not sanctify upon non-wine beverages, as was explained above in §272:9. And it seems to me that, with regards to the four cups at the Passover Seder, there is what to rely upon according to the opinion that states that we sanctify upon non-wine beverages if they are the wine of the country, as was explained above in §272.
Siman 484
One who wishes to recite the berachos in 2 or 3 houses should first recite the berachos in his house and eat whatev- er he intends to eat and then recite birkas hamazon. After- wards he may recite the berachos in the other houses and they will drink the cup of kiddush and magid and eat the vegetables and matzah and he will not eat with them. He may then leave them to finish their meal and they will recite birkas hamazon for themselves and if they do not know how they should repeat each word after him. He may then go to another house and repeat this procedure. Afterwards he may return home, recite hallel and drink the fourth cup. If he wants to visit the other homes first, he should recite the berachos without eating or drinking and then return to his house to recite kiddush. He may also complete the seder at home and then go to the other houses to recite kiddush without eating or drinking with them.
Siman 485
Siman 486
Siman 487
The order of the day is as follows: at the evening and morning and afternoon prayer, say the first three blessings, and the last three blessings, and one blessing about the holiness of the day in the middle: "you have chosen us, etc."; "you have given us, Hashem our God, this day of the festival of Matzot, this festive day that calls for holinesss, the time of our freedom, etc."; "rise up and come before you, etc."; "bestow upon us, etc.", and then end with "who sanctifies Israel and the seasons"; and if he said "who sanctifies the sabbath", but corrected himself immediately, he fulfilled his obligation since he knows that it is a festival. And if it falls on Shabbat, say: "this day of rest and this festival of matzot", and end with "who sanctifies the sabbath and Israel and the seasons". And we do not say the blessing made up of seven.
On the first night of Pesach, we complete Hallel in the congregation in a pleasant manner and with a beracha at the beginning and end. The same applies on the second night of [those in the Diaspora who observe] the second day of Yom Tov for the Diaspora. Rama: We do not observe any of this because we don't recite Hallel in the synagogue at night at all.
Siman 488
Siman 489
On the second night after the evening prayer, we begin to count the Omer. And if someone forgot to count, [that one may count] from the beginning of the evening onwards. He may account all night. It is a mitzvah for each person to count for themselves. He needs to count standing and bless before. He should count the days and weeks. How? On the first day he should say “today is day one of the Omer”, until he arrives to seven days. [At which point he should say], “they are one week of the Omer.” And on the eighth day he should say “today is eight days and they are one week and one day of the Omer.” And also, when he arrives to the 14th day, he should say “today is 14 days, they are two weeks of the Omer.” And in this way he should count and onwards until the 49th day.
If they (the people who are counting) made a mistake on a cloudy day and they blessed on the counting of the Omer, they should go back to count when it got dark. Those who are punctilious, they do not count until the stars come out [namely, three stars], and this is a proper thing to do.
The one who prays with the community during the day, he should count with them without a blessing. And if he remembers at night, she should bless and count. GLOSS: And even if he answered “amen” to the blessing of the community, if he had the awareness that he was not fulfilled [of his obligation], he may go back and he may bless and count that night. (Beit Yosef in the name of the Rashba)
The one who asks his friend [during the period of time] between sunset and when the stars come out, “how many days of the counting [of the Omer] is it tonight?”, he should say to him, “yesterday was such and such.” Because if he had said to him, “Today is such and such,” he would not be able to go back and count with a blessing. However, [if he answered back] before [the period of time] between sunset and when the stars come out [he can go back and count], since it wasn’t the time of the counting of the Omer [which is when it is night time] and it doesn’t count for anything. GLOSS: And when the time arrives [to count], it is forbidden to eat until he counts and even if he began to eat, he should stop and count. However, if he began to eat before the time [to count] arrived, it is not necessary for him to stop except [when] he finishes his eating and counts afterwards. (These are his own words because he said counting in our time is D'Oraita (Toraitic Law).)
If he does not know [which day of the Omer it is], and he opens [his mouth to bless on the day] with the intention to finish [the blessing] like [what] he will hear his friend [say as he ends the blessing] , and he stops talking until he hears his friend, and then finishes [the blessing] like him, then he has fulfilled his obligation [to count the Omer].
[The Shulchan Aruch here will present two cases in which the counter thinks one number and says another, and in both cases, the counter cannot go back and bless the day correctly]: [For example]: If he opens [his mouth to bless on the day] and says, “Praised are you, God, Our God, king of the universe” with the intention to say, “today is four [days of the omer]“, because he thinks that the count is four, and then he remembers [the correct day] and finished [the blessing] with [the number] “five” and the [days are indeed five] Or on the contrary [another case], that [the count of the days] is four and he opens with the intention to say four and he was mistaken and finished [the blessing] with five [days of the omer], he should not go back and bless [on the day correctly].
If he forgot [to count] and did not do the blessing all night, he should count during the day without a blessing.
If he forgot to bless on one of the days, between the first day [of the omer] and the rest of the days, he should count the rest of the days without a blessing. But, if he uncertain if he skipped a single day and didn’t count, he should count the days with a blessing.
On Friday night, or on the night of a Yom Tov day (a category of days in which most of the Shabbat rules are in effect), we bless and count after the Kiddush in the Synagogue. And on Saturday evening, or the end of the Yom Tov day, [we bless and count] before the Havdalah [prayer in the Evening Amidah], but after Kaddish Shalem. And if the last Yom Tov day of Passover falls on Saturday night, then he should say Kiddush and Havdalah in one period of time, he still has to count before they do the blessing over Kiddush at the synagogue. (Namely, our counting should be about the same time that they would do Kiddush in the synagogue) GLOSS: And if he does not have any wine, he needs to bless YKNH”Z. See an earlier location, Siman 196.
It is forbidden to eat a new [grain] (as opposed to dried or old grain), even now whether bread, toasted grain, unripe (or damp) grain until the beginning of the evening of the 18th of Nissan, and in the Land of Israel, until the beginning of the evening of the 17th of Nissan.
Siman 490
Siman 491
The Havdalah service on the conclusion of a festival contains two parts. On the conclusion of a festival, whether it is the conclusion of a festival to a weekday or to an intermediate day, one recites the Havdalah prayer in the same way as one does at the conclusion of Shabbat, and recites the Havdalah blessing over a cup, but without reciting the blessings over the candle and the spices.
When a holiday falls on Saturday night, one adds "and You made known to us" in [the blessing of] "You have chosen us"
Siman 492
Siman 493
It is customary not to get married between Pesach and Shavuot, until Lag BaOmer (the 33rd day), because during that time, the students of Rabbi Akiva died. However, to do "erusin" and "kiddushin" (engagement and betrothal) is OK. And even for "nisuin" (marriage), if someone did so, we do not punish him. Rema: however, from Lag Ba'Omer onwards, all this is permitted (Abudraham, Beit Yosef & Minhagim).
It is customary not to cut one's hair until Lag BaOmer, since it is said that that is when they stopped dying. One should not cut one's hair until the 34th day, in the morning, unless the 33rd day falls on Friday, in which case one may cut one's hair then, in honor of the Sabbath ("kavod Shabbat"). Rema: But in these countries, we do not follow the custom he advocates; rather, we cut our hair on the 33rd day, and we rejoice a bit, and we do not say Tachanun (Maharil and Minhagim). And one should only cut one's hair on the 33rd day itself, but not on its evening. However, if it falls on Sunday, our custom is to cut our hair on Friday in honor of the Sabbath (Maharil). Someone who is performing a brit milah (i.e., the sandak, mohel and the infant's father), or circumcizing his son, is allowed to cut his hair during sefirah in honor of the circumcision (Hagahot Minhagim).
Some have the custom to cut their hair on Rosh Chodesh Iyyar, but this is a mistake. Rema: However, in many places, the custom is to cut their hair until Rosh Chodesh Iyyar, and they do not cut their hair from Lag BaOmer forward, even though it is permitted to cut one's hair on Lag BaOmer itself. But those places who have the custom to cut their hair from Lag BaOmer onwards, do not cut at all after Pesach until Lag BaOmer. And within one city, it should not be that some follow one custom, and some follow another, because of "lo titgodedu" ("do not cut yourselves" - Deut. 14:1, interpreted in Yevamot 13b as "lo te'asu agudot agudot," "Do not become seperate groups"); all the more so, one may not follow both leniencies.
Women have the custom not to do work from Pesach until Shavu'ot, from sunset onwards.
Siman 494
The fiftieth day of the count of the Omer is the holiday of Shavuot. The prayer service is like the holiday of Passover, rather we say "the Holiday of Shavuot, the time of the giving of our Torah". We say full Hallel. We take out two Torah scrolls and read in the first one of five [sections] from "The third month" until the end of the order. The Maftir is read in the second scroll, "On the day of the first fruits". As Haftorah we read the chariot of Ezekiel, and end with the verse "and the wind took me up."
On the second day, we read in the section (Deuteronomy 15:19) "Every firstborn" until the end of the portion. The Maftir is read like the previous day, and as Haftorah we read in Habakkuk from "And Hashem in His Holy Sanctuary" until "for the conductor with my melodies".
It is prohibited to fast immediately after the holiday of Shavuot. Ramah: And we do not say Tachanun from the beginning of Rosh Chodesh Sivan until the 8th day, which is after the post-holiday day (Hagahot Maimoni, Hil' Tefillah Umnagim). We have the custom to spread out plants on Shavuot in the synagogue and in houses, as a memory for the happiness of the receiving of the Torah. We have a custom everywhere to eat dairy food on the first day of Shavuot. And it seems to me that the reason is: It is like the two foods that are taken on the evening of Pesach, a reminder of the Korban Pesach and a reminder of the Korban Chagiga, so too we eat a dairy food followed by a meat food, and we bring with them two loaves on the table in place of the Mizbeach, and thus there will be a reminder of the two loaves that were brought on "The day of the Bikkurim."
Siman 495
All work that is forbidden on Shabbos is forbidden on Yom Tov, except for work of preparing food, and except for carrying and igniting, and also preparation for preparing food that was not able to be done the day before.
Harvesting produce, grinding, picking grapes, squeezing and trapping; even though they are melachos involved in preparing food, were forbidden to be performed by the Sages
Regarding muktza, even though it is permitted on Shabbos, Chazal were more stringent on Yom Tov and prohibited it. REMA: There are those who lenient regarding muktza even on Yom Tov but nolad is prohibited according to this opinion, even on Shabbos. Any muktza which is not an animal, for example, a storehouse of fruit or wood, it is sufficient to declare that one will take from that place on Yom Tov and it is not necessary to mark it. This type of preparation may be done on the first day of Yom Tov for the second day of Yom Tov
Siman 496
Siman 497
Siman 498
Siman 499
Siman 500
It is prohibited to weigh meat, even in one’s home, to de- termine how much to cook. It is not even permitted to place meat in the cup of a scale to keep it from mice if it is suspended in the place where it is normally weighed. One may not even weigh one piece of meat against an- other piece of meat. It is permitted to weigh meat by hand by taking it in one’s hand and estimating its weight but a professional butcher may not even do that. If he is capable of cutting meat in the size of a litra or half-litra he may cut it in a normal manner without concerns.
It is prohibited to pierce a hole in meat so that it could be suspended but by hand is permitted. If the intent is to mark the meat it is permitted even with a knife
Siman 501
It is prohibited to chop wood from beams which are set aside for construction or from beams that broke on Yom Tov even if it was weak before Yom Tov and was about to break. If it broke before Yom Tov and cannot not be used as fuel for a fire without chopping it one may chop large pieces. One may not use an ax, sickle, or a saw; rather one should use a chopper (A butcher’s knife and some make it with two heads resembling an ax) but one should use the narrow head rather than the wide head. Some prohibit even the use of a chopper since we are not experts to identify what is a chopper and only permit the use of a knife.
Siman 502
Siman 503
Siman 504
Siman 505
Siman 506
Siman 507
Siman 508
Siman 509
Siman 510
Siman 511
Siman 512
Siman 513
Siman 514
Siman 515
Siman 516
Siman 517
Siman 518
Since carrying was permitted for the sake of food preparation, it was also permitted for the sake of non-(food preparation), such as (for the sake of) a minor, a Lulav, a Sefer Torah, and vessels. Rema: (Provided) that one needs them a bit, or if one is afraid lest they be stolen or suffer some other loss (Hagahot Semak & R. Yerucham) but (carrying) stones and the like is prohibited. Rema: And it is permitted to play with a ball, even in the public domain, despite the fact that it is mere recreation (Tosafot & R. Yerucham). And if one established a "eruv" it is permitted to handle and carry anything that is considered a vessel, even though it has no need that day at all (Ran, Beitzah Chapter 2).
Siman 519
Siman 520
Sweeping the House, One Siman: The law of sweeping the house is the same on a holiday as it is on Shabbat (and see above chapter 337).
Siman 521
The Law The Law of Moving Fruits from Place to Place on a Holiday, and it has 3 Simanim: 1. We can drop fruits through a trapdoor (meaning, from "when your olives will drop" (Deuteronomy 28:40), as in, when fruits fall to the ground) on a holiday. One should not drop them through windows nor lower them on a ladder nor carry them from roof to roof, even if the two are the same (height).
2. It is permitted to cover fruit, wine jugs, or bricks because of water leaking [through the roof].
3. Regarding putting a dish under dripping water, the rule on a holiday is the same as the rule on Shabbat (and see above chapter 338 paragraph 8).
Siman 522
1. A few things that are forbidden to be carried on Yom Tov, and there are 4 Simanim: The blind man may not leave with his stick nor the shepherd with his sack (and the law of a disabled person is the same on a holiday as it is on Shabbat, see above chapter 301 paragraph 17).
2. Neither a man nor a woman may go out in a [carried] chair. If many people need him, it is permitted, and he may be carried on the shoulders, even in a litter (or a canopy).
3. Someone whose legs have shrunk (meaning that they have become shorter) can leave with his stick.
4. We do not lead an animal with a stick.
Siman 523
1. Laws regarding animals on the holiday, 4 Seifim: We remove flies that are stuck on an animal, even though this creates a wound.
2. We do not comb an animal with a fine comb on a holiday because this removes hair.
3. We do not deliver an animal on a holiday, but we assist it by holding the newborn such that it does not fall on the ground, blowing in its nose, and putting the teat into its mouth.
4. If an animal spurns its newborn, it is permitted to sprinkle (meaning to pour) the water of the after-birth on it and put salt in her womb so that she will have mercy on it. It is forbidden to do this for an impure animal. Rem"a: (And see above chapter 246 paragraph 3 in the Rem"a's note regarding whether a man is commanded to let his animal rest on a holiday).
Siman 524
1. Some things that are forbidden on a holiday, 2 Seifim: We do not climb a tree, ride on an animal, swim in water, slap the hand on the thigh, clap hands, dance, make legal judgments, get engaged, get married, divorce, perform a Levirate marriage, do halitzah, make a cherem vow, or separate trumah or tithes. Rem"a: Regarding redeeming the first born, the rule on a holiday is the same as the rule on Shabbat. See above in chapter 339 paragraph 4.
2. One who is dangerously ill and will leave the world soon is permitted to divorce, even on Shabbat.
Siman 525
1. The Law of Lending on a holiday, 2 Seifim: A loan made on a holiday can be claimed (and see above chapter 307 paragraph 11).
2. The charity collectors may collect from the yards on a holiday, but they should not make announcements as are made during the week. Rather, they should collect quietly, put it in their bag, and distribute it to each neighborhood individually.
Siman 526
1. The laws of death on a holiday, 12 Seifim: If a dead body is waiting to be buried on the first day of a holiday (a Jew should not busy himself with it, even if it will smell and it is possible to use non-Jews, but) non-Jews can busy themselves with it, even if he died that day (and see above chapter 304), and even if they can wait until the next day when it will smell. This is all referring to making the (grave), the coffin, and the shrouds. However, dressing him, heating water to purify him, and taking it out to put it in the grave is permitted even for a Jew. Rem"a: And it is best to be careful to purify him over a straw, leather, or wood, and not over sheets, lest one come to [transgress the prohibition of] wringing (Trumat Hadeshen chapter 82).
If somebody dies on the first day of a holiday, it is forbidden to let him rest until the second day so that Jews can deal with him.
3. On Shabbat and Yom Kippur, not even non-Jews can deal with him, even by carrying him out by handing and putting him in a kuf (meaning, a plot) that was made the previous day.
On the second day of a holiday, even Rosh Hashana, Jews may deal with the corpse, even if it has not been sitting around. They may even cut myrtle from the ground, make him shrouds and a coffin, dig out a plot, heat water for purification, or cut his hair. If the city has no Jewish cemetery, we take him to another city that has Jewish plots, even outside of the techum. We rent a boat to take him from place to place. This is all because the second day of a holiday is Rabbinically equal to a weekday when it comes to death. Even if non-Jews can deal with him, Jews do. Rem"a: In Ashkenaz and these countries, we do not do this. Rather, inasmuch as non-Jews can make the grave, coffin, and shrouds, we have them do this. Everything else is done by Jews, as on the first day of the holiday. However, if it is not possible to have non-Jews do it, Jews are allowed to do everything (Mordechai, Laws of Mourning and Trumat Hadeshen chapter 82). [The list of allowed labors] does not include the dome that is made over the grave, which we do not build on a holiday. Rem"a: However, it is permitted to cover him with dirt as is done on a weekday (Beit Yosef), and we do not follow those who are stringent in this matter. This is restricted to cases where we want to bury him that day. However, if we do not want to bury him that day, we do not perform any prohibited labor for him, even using a non-Jew, but carrying is permitted. (the laws of saying the Shma and praying when one's immediate relative has died on the first or second day of a holiday can be found above in chapter 71 paragraph 2 and below in chapter 548 paragraph 5]].)
One who digs a grave on the second day of a holiday is permitted to receive payment.
6. It is permitted to accompany a corpse on the first day of a holiday within the techum. On the second day of the holiday, it is allowed even outside of the techum. We then return that day. It is also permitted to bring back the digging tools that were brought outside of the techum.
7. Those who accompany the dead are forbidden to ride on an animal, even on the second day of a holiday. this applies even to the mourners and the ones who bury. If this is impossible, we permit them to ride on an animal on the second day of a holiday.
8. If the residents of one city find out that a Jew died four or five days away and cannot be buried, they are permitted to set out on the second day of the holiday to bury him quickly, even if they will not get there until after the holiday. Rem"a: It is permitted to bring a dead person on the second day of a holiday from outside of the techum to the city in order to bury him in a Jewish cemetery, even if it is possible to bury him where he is (Beit Yosef in the name of the responsa of the Rashb"a).
9. If an infant died in its first thirty days and it had grown hair and nails, it is considered a child that will endure. It is treated like an dead adult, even if we do not know if it was brought fully to term, because most women give birth to children that will endure.
10. Those who have the practice to remove fetuses' foreskin with a rock or reed are prohibited from doing so even on the second day of a holiday. Rem"a: It is prohibited to bury it that day. Rather, we wait until tomorrow (Beit Yosef).
We do not tear for the dead, even on the second day of a holiday. This applies even to immediate relatives.
12. When somebody dies on the second night of a holiday, we wake up early and bury him before prayers. When somebody dies during the day, we bury him after eating. Rem"a: The laws of Tziduk Hadin on a holiday are found in Yoreah Deah chapter 401 paragraph 6.
Siman 527
1. The Laws of Eruv Tavshilin, 24 Seifim: If a holiday falls on Friday, one should not cook something for Shabbat in its own pot. One can cook many pots for the holiday and if he makes too much, the leftovers are for Shabbat. Using an eruv, one can cook for Shabbat. (Meaning that the point of the eruv is so that one can cook and bake on a holiday for Shabbat along with what was already baked or cooked for Shabbat before the holiday, so that he is not starting the work on the holiday but is just finishing it.) Rem"a: It is permitted to make the eruv even at twilight (Mordechai at the end of Chapter "Bameh Madlikin").
2. This eruv consists of bread and a cooked item. If one only made it using a cooked item, it is permitted.
3. The measure of this cooked item must be a kezayit (olive's weight), whether [the eruv] is for one person or for a thousand, at all points of its existence. Rem"a: Some require the bread to be a kebeitzah (egg's weight) (Yerushalmi) and such is the practice, initially.
4. The cooked item must be something that accompanies bread - not barley.
5. The cooked item can be roasted, stewed, pickled or smoked. It can even be the small fish that are prepared by putting them in hot water and this is how they are cooked - one can rely on them. It can be cooked apples (the same goes for other cooked fruits) or small fish that were boiled.
One can rely upon lentils that are at the bottom of the pot before the holiday, or fat stuck to the knife that is scraped off, as long as it is a kezayit (olive's worth).
7. It is a mitzvah for everyone to make an eruv. It is incumbent on the leader of the city to make an eruv for his townspeople so that those who forgot to make an eruv, those who were forced not to, and those who made an eruv and lost it can rely on his. (This is also the case for ignoramuses who do not know who to make an eruv) (Or Zarua). However, one who can make an eruv and didn't make an eruv but rather wanted to depend on the leader's eruv is called a sinner and cannot rely on it.
8. When one makes an eruv for others, he need not specify (that). Rather, he can make it generally for all the residents of the town, and all who live within the techum (boundaries) of the town can rely on it. Rem"a: However, somebody outside of the techum cannot rely on it, even if he made an eruv techumin and can enter [the town], unless the maker of the eruv mentioned him explicitly (the Magid chapter 6).
9. The maker of the eruv must intend to exempt others, but he who is the beneficiary of the eruv does not need to intend such when the eruv is made. He [the eruv maker] should tell him on the holiday before starting to cook for Shabbat. Rem"a: If the leader generally makes an eruv for everybody, we rely on it by default (Ra"n chapter 2).
10. One who makes an eruv for others must transfer possession to them using a [symbolic] person. And everybody who can be used for a Shabbat eruv can be used for an eruv tavshilin, and everybody who cannot be used for that eruv cannot be used for this eruv. (And see above chapter 366).
11. The one who receives the eruv must lift it off of the ground a tefach (a handsbreath).
[The maker of the eruv] then takes the eruv from he who received it and blesses "...on the commandment of eruv." He then says "With this it will be permitted to bake, cook, insulate, light lamps, and do all that is needed for Shabbat on the holiday, for us and for X and for Y" or "for all the residents of this city." Rem"a: And one who doesn't know the holy language can say it in the vernacular that he understands (the Mahari"l).
Even with an eruv, one cannot cook on the first day of the holiday for Shabbat.
14. If one made the eruv with the intention of relying on it as long as it exists, even on a different holiday, he should initially not rely on it on a different holiday, but after the fact, he can rely on it.
15. If the eruv was eaten or lost before one cooked for Shabbat, he cannot cook unless a kezayit (olive's weight) remains.
16. After preparing for Shabbat, he can eat it.
17. If one started making dough and then the eruv was eaten, he can finish that dough. It is also the case that if one started to cook, he can finish the dish he started.
If one baked but did not cook or cooked but did not bake and then the eruv was eaten or lost, what he legally made, even if it was intended for the holiday, can be left for Shabbat. He can then cook more food for the holiday.
19. One who didn't make an eruv is allowed to light the Shabbat candle. There are some who forbid this.
20. If one did not make an eruv, just as it is forbidden for him to cook for himself, it is also forbidden for him to cook for others, even in their houses. Others are also forbidden to cook for him. The only solution is for him to give his flour and cooked things as a gift to others with an eruv. They can then bake and cook and give it to him. They can even cook in his house. If there are no others with an eruv, some say that he is permitted to minimally bake one loaf, cook one dish, and light one candle. Rem"a: If he made an eruv but did not specify the labors explicitly, just saying "With this it will be permitted for us to do all needed things," he is like somebody who made no eruv (Or Zarua). Somebody fasting on a holiday is forbidden to cook for others even for that day, because he is likened to somebody who made no eruv and is forbidden to cook for others (Maharil).
21. If one realized that he did not make an eruv before the morning meal, he can cook a lot in one pot and the leftovers will be for Shabbat. Rem"a: He can also go during the day into a room with a lit candle to look for something and leave it lit until night (Tur). There are some who permit even cooking in many pots, because it is before eating. This only holds when one eats from each one [that day].
22. If one realized that he didn't make an eruv on the first day of the holiday and it is Rosh Hashana, he cannot make an eruv on condition. However, if it is a Diasporean holiday, he can make an eruv on a condition: If today is holy, I do not need an eruv, and if today is a weekday, with this eruv it will be permitted for us to bake and cook... The next day, he need not say anything. Some say that if he doesn't have anything that was cooked yesterday, his condition does not work.
23. If one sinned intentionally (or unintentionally) and cooked many dishes not for the sake of the holiday, he can eat them on Shabbat or a weekday.
24. If one tried to circumvent the law by cooking two dishes for today and leaving one leftover for tomorrow, he is forbidden to eat it.
Siman 528
1. The Laws of Eruvei Chatzeirot (courtyard eruvin), 2 Seifim: On a holiday, making eruvs for yards and conjoining alleys are unnecessary, but techum eruvs are necessary. All of the laws of techum were explained in the section on laws for techum eruvs.
2. If a holiday falls on Friday, we do not make either yard or techum eruvs (even if one made an eruv tavshilin) (Ra"n chapter 2 of Beitzah). However, if one realized on the first day of a two day holiday in the Diaspora [that he didn't make an eruv], he can make an yard eruv on condition [see previous chapter paragraph 22]. However, we do not make techum eruvs on a holiday (under any circumstances).
Siman 529
1. The Laws of Being Joyful on a Yom Tov, 4 Seifim: It is a holiday mitzvah to spend half the time in the House of Study and half of the time eating and drinking. One should not skimp on holiday expenses; it must be honored and enjoyed like Shabbat. Rem"a: It is forbidden to eat after Mincha on the day before a holiday, just like for Shabbat, and this is part of honoring it (Rambam chapter 6). However, if the day before the holiday is Shabbat, one can have the third meal and eat a bit of bread in honor of the holiday. It is a mitzvah to knead bread on the day before the holiday in honor of the holiday (Mahari"l laws of a holiday) like on Friday, as was explained above in chapter 342. It is an obligation to eat two loaves of bread and to include wine in the meal. Holiday clothes should be nicer than those for Shabbat. It is not the practice to make a third meal. (And on a holiday, we tarry when going to synagogue and quickly leave synagogue because of the holiday joy (Gemara end of chapter "Hakoreh Omed").
2. It is an obligation for a man to be happy and in good spirits on the holiday - him, his wife, his kids, and all who are with him. How should he make them happy? He should give the children nuts and the women new clothes and jewelry according to his finances. One is obligated to feed the stranger, the orphan, and the widow, along with other poor people. (The rules of fasting on a holiday are the same as for Shabbat, and see above chapter 388.)
3. One should eat, drink, and be happy on the holiday. One should not overindulge in meat, wine, laughter, or frivolity, because laughter and frivolity are not happiness but debauchery and foolishness. We were not commanded to engage in debauchery and frivolity but only happiness that involves worshipping the Creator.
4. The court must appoint officers who will walk around patrolling gardens, orchards, and rivers, so that men and women will not gather there to eat and drink and end up sinning. They should similarly warn the whole nation about this - that men and women should not joyously mix in houses and overindulge in wine, lest they come to sin. Rather, all should be holy.
Siman 530
1. On Chol Hamoed, some labors are prohibited and some are permitted. Rem"a: According to the need, the Sages saw fit to permit.
Siman 531
1. The Laws of Shaving on Chol Hamoed, 8 Seifim: It is a mitzvah to shave on the day before a holiday.
2. One may not shave during the holiday, even if he shaved before the holiday.
3. Even if one was forced and thus did not shave on the day before the holiday, he should not shave during hol hamoed. This is also the rule for one who was sick and got better during the holiday.
4. The following people may shave during the holiday: he who left captivity and did not have an opportunity to shave before the holiday; he who left jail, even if he was imprisoned by Jews who would have allowed him to shave; he who was banned [formally by the community] and allowed [back into the community] during the holiday; he who vowed not to shave and asked for the nullification of his vow during the holiday; he who arrived from abroad during hol hamoed or who arrived on the day before the holiday but didn't have time that day to shave, assuming that he did not go from Israel to outside of Israel for recreational purposes.
5. Even in instances where it is permitted to get a haircut, one should not get a haircut in the public domain. Rather, one should do this in private.
6. A child can be shaved during the holiday, even if he was born before the holiday (and this is even allowed in public) (this follows from the Mordechai).
7. If a mourner's seventh day [of mourning] falls on a Shabbat that is the day before a holiday, he is permitted to shave on hol hamoed. Rem"a: He who left Judaism, returned, and normally shaves is permitted to shave on hol hamoed (Trumat Hadeshen chapter 86).
8. Every man is permitted to remove his mustache on hol hamoed. Rem"a: Even in public. It is permitted to rub the head and to comb even though this will remove hair - it is not considered shaving (Mordechai at the beginning of Moed Katan).
Siman 532
1. Cutting Nails on Chol HaMoed, 2 Seifim: It is permitted to cut fingernails and toenails, even with scissors. Rem"a: But there are some who are stringent and forbid this. The practice is to be stringent not to cut them, whether with a knife or scissors, if it is not for the mitzvah of immersion, when they should be cut as they are normally done on a weekday (Sma"k and Tosafot).
2. Everything medical is allowed on hol hamoed.
Siman 533
1. Work that is Permitted on Chol HaMoed, 5 Seifim: It is permitted to grind flour for a holiday need, even if one planned to do thi on the holiday. [The same is true for] cutting trees from the ground or making mead, whether it is from dates or barley, for a holiday need. If it is not for a holiday need, it is forbidden. However, one need not minimize production - rather, one can make a lot, and if he makes too much, he makes too much. However, one should not circumvent the law by grinding too much or making too much (mead) intentionally. Alternatively, if one has flour (or old mead) he should not circumvent the law (to make more) and say, "I want from this [new] batch." However, if one has bread, he is permitted to grind [wheat] (for bread), because warm bread is preferrable. (This is also the law for mead - if the new is actually better than the old, it is allowed) (the Magid chapter 7).
2. It is permitted to uproot flax because it can be used to cover foods, to uproot hops because it can be used to make mead needed on the holiday, and to uproot sesame because the dry ones can be eaten immediately.
3. If fruits have ripened a bit such that they can be eaten in a stretch, it is permitted to collect them in order to eat them. If one collected them to eat them, collected too much, and he now worries that they will rot if they are not pickled to remove the moisture, he can pickle them. However, it is forbidden to collect in order to pickle. If there is something that won't be available after the holiday, it is permitted to buy it and pickle it.
4. A man can catch as many fish as he can catch and then salt all of them on the holiday. This is because it is possible to eat them on the holiday by squeezing them by hand many times until they are soft. (It is permitted to catch [fish] in public, because it is clear that it is for the holiday) (Mordechai).
5. For any labor that is done for a holiday need, if one also does it professionally, it must be done in private. How so? Hunters (of animals and birds), grinders, and those who pick grapes to sell in the market should do it in private when done for a holiday need. Rem"a: It is permitted to milk an animal even not to fulfill a holiday need, because it will result in loss otherwise (Trumat Hadeshen chapter 153 and Beit Yosef).
Siman 534
1. The Laws of Laundry on Chol Hamoed, 3 Seifim: We do not do laundry on hol hamoed. The following may do laundry: someone who came from abroad, someone who left captivity or jail, one who was [formally] banned [by the community] and allowed [back into the community] by the elders during the holiday, one who swore not to do laundry and asked for the nullification of his vow during the holiday and received allowance. [We may also launder] hand rags, haircut rags, towels, and children's clothes. [The following may also launder:] a woman who found a stain [of menstruation] during the holiday and someone who only has one outfit. All of these can launder normally, even using carbonates or ahal (meaning types of soap) or in public at the river. Rem"a: However, they should only launder clothes that they need - one outfit (Mordechai and Hagahot Ashri chapter "Elu Megalchin"). However, infant's clothing, meaning those that we wrap them in in which they urinate and defecate, can be washed four or five at once, because many are needed at any given moment. Where it says above that it is permitted to launder in public, this is restricted to when one launders by the river because laundry is better by the river. However, when one does not launder by the river, he should launder in private and not in public. This seems right to me.
2. Any flax garment can be laundered. This is not our practice, and this is one of things that are permitted and others acted stringently where one is now not allowed to allow it for them.
3. We bring home things that are for the holiday from the artisan's place, like cushions, chairs, and saucers. However, objects that are not for the holiday like plows and wool from the painter should not be brought. If the artisan has nothing to eat, one should pay him and leave [the goods] there. If he does not trust [the artisan], he can leave them in an adjacent house. If he is scared they will be stolen, he can move them to a different yard. However, he should only bring them home covertly.
Siman 535
1. One Should not Move Things From Yard to Yard on Chol Hamoed, 3 Seifim: One may not remove his things from yard to yard, even from a bad one to a nice one. One may not remove his things from his dwelling or move things that are not being moved for a holiday need. Rem"a: How much more so is it prohibited to move one's money from city to city (Mordechai chapter "Mi sheHafach"). However, one can remove things from house to house within one yard. If the houses open to an alley and not to a yard, there are some who say that he may move things between adjacent houses. Rem"a: If he fears for theft in the yard in which he lives, he can move even from his yard to a protected yard. Even moving things from city to city is permitted when there is potential loss (Hagahot Ashri and Mordechai).
2. There are some who permit him to move from another's yard to his yard, even from a nice yard to a bad one.
3. It is forbidden to remove manure in the yard. Rather, it should be moved to the sides. If there is so much of it that the yard has become like a stable, it can be removed to the dunghill.
Siman 536
1. All Animal Needs Can Be Done on Chol Hamoed, 4 Seifim: One who needs to ride on an animal to travel for pleasure or for a holliday need and cannot walk is permitted to trim the horse's hoofs, to fix its horseshoes, saddle, and bridle, and to do any other activity necessary for riding. This assumes that one did not plan to do this work on the holiday. Rem"a: It is permitted to ride on Chol Hamoed even from city to city and even for no reason, and this is the practice. However, it is prohibited to do activities necessary for riding if one rides neither for a holiday need nor for travel for pleasure (Beit Yosef).
2. It is permitted to brush a horse to make it prettier.
3. We do not breed animals on the holiday, but we do draw blood. We do not withhold anything medical, even if it involves labor.
4. We do not sit a hen on eggs to grow chicks. If she was placed before the holiday and ran away, one can return her (but it is forbidden to put a different one there, even if the first one died) (Beit Yosef). This is only the case when it is within three days of her running away.
Siman 537
1. The Law of Labor When There is Potential Loss, 16 Seifim: [Work where there is] a potential loss is permitted on hol hamoed with no change in how it is done. (However, any way to minimize the labor should be done) (Kol Bo). Therefore, a house of channels (meaning land that requires water) that was watered before the holiday can be watered [on hol hamoed]. Because one started to water it beforehand, if he does not water it now, it will be lost. However, it is forbidden to water a baal-plot - one that is watered only to make it nicer.
2. Even a house of channels is only allowed to be watered when there is not excessive labor involved, like when there is a spring, whether newly-emerged or old, that one can just extend and water the field. However, one should not draw water and irrigate from a pool or from gathered rainwater, because it involves much labor. Even if there is one garden bed, half high and half low, we do not draw water from the low one to water the high one.
3. One may water a house of channels on hol hamoed from a river that flows from a lake, assuming it has not stopped flowing. One can similarly water from channels that flow between pools. If a pool gets tricklings from a house of channels and it still trickles, one can water a different house of channels from it, assuming that the spring irrigating the upper house of channels has not stopped.
4. If one wants to eat vegetables on a holiday, he can draw water to irrigate them so that they will grow and be fit [for eating] on the holiday. If he does not want to eat them on the holiday and does such to make them nicer, it is forbidden.
5. We do not make pits at the roots of vines so that they will fill with water. If they were made and broke, one can fix them on hol hamoed (but it is forbidden to make them deeper than before) (the Magid chapter 8).
6. If a channel has broken, one may repair it. If it was one tefach deep, he can dig it out to six [tefachim]. If it was two tefachim deep, he can dig it out to seven.
7. Water can be drawn from tree to tree as long as the whole field is not watered thereby. If the field is moist, it is permitted to water all of it.
8. It is forbiden to open something up so that water can flow into a field and irrigate it. If one does this to gather fish to eat them on the holiday, like by opening something above for the water [and fish] to enter and below something to let [the water out], it is permitted.
9. It is forbidden to level off the field for plowing. If it is apparent that the intention is to thresh for holiday purposes, like if he levels all of it, it is permitted.
10. It is forbidden to gather wood from the field in order to make it better for plowing. If it is obvious that the intent is because he needs wood, like if he takes the big pieces and leaves the small, it is permitted.
11. It is forbidden to trim branches of a tree to fix [the tree]. If it is obvious that he does it for the branches in order to feed them to his animals and not to fix [the tree], like if he cuts only from one side, it is permitted.
12. We do not remove worms from a tree, nor do we patch (meaning stick dung there so that the tree will not die) saplings. However, we do smear oil on trees and fruits.
13. Moles and mice in an orchard can be trapped the normal way - by digging a hole and hanging a trip in there. It is even permitted to normally trap [rodents] in a vegetable field that is adjacent to an orchard, because they leave the field and destroy trees. If it is not adjacent to an orchard, we do not trap there using the normal procedure: one should stick a pole in the ground and shake it to and fro until a hole is made in which the trap can be hung. There are some who say that in a vegetable field adjacent to an orchard, the normal way is not allowed, and if it is not adjacent to an orchard, it is forbidden even with a change.
14. We do not bring cattle on Chol Hamoed to fertilize the field. If a non-Jew brought them by himself, this is allowed even on Shabbat, and even if bringing them in is seen as a favor, as long as no payment as given. It is even forbidden to give food as payment. On a holiday, it is permitted to give food as payment, as long as no other payment is given. On hol hamoed, even other payment is allowed, as long as he is not hired, aided, or given a watchman to direct the cattle (meaning to move them around and thereby direct the excrement). If the non-Jew is employed by the week, month, or year, he can be aided on hol hamoed and given a watchman to direct the cattle.
15. It is forbidden to harvest a field on Chol Hamoed if no loss will be incurred by letting it wait until after the holiday. If he has nothing to eat, even if there is what to buy in the market, we do not require him to buy from the market. Rather, he can reap, gather, thresh, winnow, and sort as usual, as long as he does not thresh with cows. This is only true when only he alone needs. However, if he must thresh for the masses, he can thresh even with cows.
16. If one has a vineyard adjacent to a non-Jew's vineyard, the non-Jew harvests his on hol hamoed, and if the Jew also does not harvest his, he will incur loss, he is permitted to harvest it, trample the grapes, make the barrels, and do all the activities for making wine with no change. This is only true when one did not plan to do this work on Chol Hamoed.
Siman 538
1. Some Things with a Potential Loss, 6 Seifim: If one turned his olives or had wine in the pit and then something forced him [to not finish the process] or he forgot or he neglected to do it because he thought that it could wait until after the holiday, and he thus did not finish the process before the holiday, because there is potential loss involved, he may empty the vats [into the press], both big and little ones, and cork (meaning to put in the stopper) the vats as usual with no change [in the way it is done]. Rem"a: It is also the case that he can fix the vats by fixing them with wicker (Mordechai). However, he should not plan to do this work on hol hamoed. Rather, he should do everything before the holiday if he knows that it will end up being necessary on the holiday (Hagahot Maimoni and Trumat Hadeshen). He can also take his flax out of the retting, and any other similar case that involves a potential loss, as long as he does not plan to do this work on the holiday.
2. It is permitted to bring fruit in because of [fear of] theft if they are not in a protected place. However, this should be done in secret, for instance, at night. If it is something that will be more public during night than during the day, like if it will need to be done with torches and noise, he should bring them in during the day. Rem"a: If it is only possible to do this publicly, everything is allowed when there is potential loss (the Magid chapter 7 and Mordechai chapter "Mi sheHafach").
3. It is forbidden to transport money between cities if there is no potential loss involved.
4. If one had figs lying in the field to dry and he worries about rain, he is allowed to cover them with straw. The cover can even be thick.
5. If somebody has merchandise that will be ruined if it is not flipped, it is permitted to flip it on Chol Hamoed.
6. If one planned his work such that it would be left for hol hamoed and did it on hol hamoed, the court destroys what he accomplished, repossesses it, and renders it ownerless. Rem"a: If he did work for others such that it is impossible to penalize him, like if he is a tailor or a scribe who does work for others, they would excommunicate him and lash him (Beit Yosef and Rabbenu Yerucham). If he died, his son should not be penalized. [His son] is permitted to do the work if there is a potential loss involved.
Siman 539
1. The Laws of Merchandise on Chol Hamoed, 14 Seifim: All merchandise (or commodities) are forbidden, even everything whether buying or selling and even a loan of a small coin on condition he gives him afterwards wine or other merchandise as a repayment of his obligation so he may earn. He may not go and demand [money or repayment] unless he will not be found after the holiday....
2. He who loans his friend coin(s) is permitted to demand on Chol Hamoed to collect (on what he is owed). And it goes without saying that it is permitted to collect an obligation from a gentile.
3. If one sold merchandise before the Moed there are those who forbid him to demand (collect) his money on the Moed unless someone will take something not found from the place of sale and by chance it is found to be a lost item on the Moed....
6. A found object (on Chol Hamoed) is forbidden to exert and scavenge for it. For instance, a river that flooded fish on its bank. It is forbidden to gather them in order to preserve them unless they are fit to eat from them on the Festival.
7. One who loans his friend (on Chol HaMoed) on an object or merchandise (i.e. the loaner takes as collateral), on condition that if he (the owner of the object) doesn't pay to him (the loaner) at the end of eight days (so after the Festival) that he (the loaner) will acquire it (the object) to him. There are those that allow. There are those that forbid.
8. A Gentile who pays back a Jew (on Chol HaMoed) wine for his (loan) obligation, it is permitted to accept from him because it is like saving from his hand (that is a Devar HaAvid - a matter of Loss).
9. (Regarding a case on Chol HaMoed of) One who needs to acquire wine at the time of the harvest for the need of drinking for the whole year. If after the Festival passes he would not find like he found now, it is a matter of loss (Devar HaAvid), and he is permitted to purchase and form barrels and pitch them, provided that he did not intend to do the work on the Festival, but more than what he needs to drink he should not purchase. Note (Rema): if it is an item that is not found afterwards (that is after the Festival) for profiting, it is permitted [Bais Yosef]
10. Sellers of spices, vegetables, or other items that do not keep fresh can (on Chol HaMoed) open and sell like usual in public because all know they are for the needs of the Festival.
11. Sellers of fruit, clothing, and implements can sell privately for the needs of the Holiday. How is this done? If the store opens to a corner or alley, then open as usual. If it opens to a public thoroughfare, open one (entry) and close one. On the eve of the final day of Yom Tov of Sukkot, go out and adorn the market with fruits due to the honor of Yom Tov. Parentheses (Rema): it is permitted to purchase (the items mentioned) for the needs of the 2nd day of the last days of Yom Tov [Tur and Rosh].
12. Do not purchase houses, rocks, slaves, and animals (from fellow Jews) except for the needs of the festival, or for the need of the seller who doesn't have what to eat, or for the need of the worker that will go out (to work at buyer's house) with the acquired things who doesn't have what to eat (ex.buys rocks to build to hire workers that don't have what to eat even for non-festival building). Note (Rema): specifically these that there is publicity in their purchase and they make noise (thus becoming known) but other implements the custom is to acquire privately (the Maggid Mishna).
13. To lend a Gentile with interest to those that are accustomed to borrow from him is allowed because it is a matter of loss (davar haavid). To those that are not accustomed to borrow it is also allowed. And he can take the interest of the first week and spend on the Joy of the Festival. Note (Rema): it is allowed to take the interest on the Festival on a loan that is being done after the Festival (Haagos Ashiri)
14. The loaning of the desks which is fixed and exchanging is forbidden (due to their being actual business - pragmatiya)
Siman 540
1. Laws of Building and Demolishing on Chol HaMoed, in it is 8 paragraphs. Building even a bit is forbidden. If there was a breach in the fence of his orchard [or the wall of his courtyard that is between him and his friend - (Mordechai, 1st Chapter of Moed Katan & Hagaaos Maimoni Chapter 8], build an act of an amateur that is place rocks on top of each other or plaster mud or fence (the breach) with reeds, papyrus, and like those. Similarly, if making a railing for a roof, build in an act of an amateur; however, if building a wall for his courtyard that is near the public thoroughfare that fell, build as normal, and if it is leaning to fall, demolish because of danger and build normally. Note (Rema): Even if it is only leaning to the courtyard or alley, it is allowed to demolish because of danger and return and rebuild. Similar with other matters that there is a concern of danger, build and demolish as usual (Bais Yosef in the name of Reb Yerucham BN'Y)
2. It is permitted to take from a pile (of dirt or stone) in one's house (on Chol HaMoed).
3. Holes in the roof are permitted to close with one's hand or feet, but not with a professional implement.
4. Door hinges, the key [and the lock - Gemara], the door socket, and the board, whether they are wood or iron, that breaks even on the eve of Yom Tov, one is able to fix without change because that it is a great loss that if he leaves his entry open and door broken, he will find lost all that is in the house. Parentheses (Rema): Therefore it is allowed, except that he should not intend to work on the Festival (Rabbi Yerucham).
5. It is permitted to build (with an) amateur act a stall that his animals eat in it.
6. It is permitted to build (with an) amateur act a bench to sit or sleep upon.
7. An oven or stove that is possible that one can dry and bake in them on the Festival, one can make. If not, do not make them. [Similarly, making pots and pans is allowed in this manner - Nimukei Yosef - end of the 1st chapter of Moed Katan and the Maggid Mishnah Chapter 8).] Either way (if able to be dried or not) we build on earthenware of oven (i.e. the finishing) and on the stove the plaster of them.
8. We pierce millstones and open their holes [explanation: the hole we make in the middle of the millstone] and stand them and build the water canal of the millstone and cut the nails of the donkey of the millstone. Note (Rema): it is allowed to sharpen a knife on the festival and a knife that breaks on the Festival, it is permitted to make another (Maggid Chapter 1.)
Siman 541
1. Laws of Weaving on Chol Hamoed, and in it is 5 paragraphs. It is permitted to make a fish trap from willow branches that is an amateur act but not weaving from threads (or sinews) as it is a professional act. Note (Rema): it is permitted to fix wicks for candles on Chol Hamoed because it is an amateur act (Nimukei Yosef Chapter Elu Meglachin (3rd ch.), Reb Yeruchom 54 Chelek 5, and Bais Yosef).
2. We may interweave [explanation: it is similar to weaving but that in the weave there is space between each cord] the beds but we may not braid the ropes to begin with (on Chol HaMoed).
3. It is permitted to press linen clothing with your hand after laundering in order to whiten and to soften but not to tie sleeves (to make a pleat) because it is a professional act. Parentheses (Rema): And it is permitted to smooth clothing with glass as normal since it is for the needs of the Festival (Smag and Reb Yeruchom).
4. It is forbidden to fix torn clothing and shoes and similarly forbidden to ask a Gentile to fix them. Parentheses (Rema): However by using a modified (abnormal) act it is allowed to fix a little for the needs of the Festival (Reb Yeruchom).
5. Regarding one who needs a garment on the Festival. If he is a nonprofessional and is not quick in that work, he can make (the garment) as usual. If he is a professional who is quick, there is to make with an amateur act that is make wide stitches, or one low, one high like the teeth of a dog. Note (Rema): All people should be strict on themselves to sew with this modification. And it doesn't help to a professional to sew by changing how he grasps the needle in his hand, rather a recognizable modification (Terumas HaDeshen Siman 87).
Siman 542
1. (The Law) that one should not do work for others on Chol HaMoed except for free, and in it is two paragraphs. Even work that is allowed, it is not allowed except for oneself or for others for free, but for payment it is forbidden. However if he does not give to him a set payment rather that he eats with him in lieu of payment, it is permitted. Note (Rema): for a matter of loss (Davar HaAvid) it is permitted to do even for a set wage (Kol Bo).
2. All work is allowed to be done by a worker that does not have what to eat in order that he be paid (to be able to eat) and profit (even beyond enough to eat).
Siman 543
1. Law of work done by a Gentile on Chol HaMoed, and in it is 3 paragraphs. Anything that is forbidden to do, it is forbidden to ask a Gentile to do.
2. A gentile that accepts from the eve of Yom Tov to build a Jewish house with a contracted agreement (i.e. agreement where payment is made not based on time but a set amount for a task), it is forbidden to let him do on Chol HaMoed even outside of the Domain (Techum). But if he (the Gentile) was given to him work that is detached before the Festival with a contract to do within the Gentile's house, it is allowed.
It is permitted to hire a gentile as a contractor or even as a day worker to work after the moed provided that one does not measure, weigh or count, as would be done during the week. REMA: If the gentile decides to do the work during chol hamoed - it is permitted since the Jew stipulated that the work should be done after the moed.
Siman 544
1. The Laws of Public Needs During Chol HaMoed, 2 Seifim: It is permitted on Chol HaMoed to take care of the needs of the community, such as fixing roads and removing stumbling blocks (or obstacles) from them, and to mark (or point out) graves so the priests can be warned about them, and to fix the Mikvahs. RAMA: Specifically public needs like needs for the person's body (or well being) but other public needs, like building a synagogue (Beis Yosef in the name of the Teshuvos HaRashbah) are forbidden to do during Chol HaMoed. And this is the law for other mitzvah related needs - it is forbidden to perform artistic work during Chold HaMoed (Rivash, Siman 226).
2. It is permitted to fix wells or springs that have broken down due to dirt and stones falling into them, even if it is not a public need at the moment; such as if it is artistic or aesthetic work. But it is permitted to dig new wells that are expert/artistic/aesthetic if the public needs them immediately. Even if they intentionally did/planned the work during Chol HaMoed; and even for publicity and additional effort . And if they do not need it immediately, they should not do it. However, personal wells, pits and springs cannot be dug anew, even if he needs them immediately. If he made them already and they became broken, if he needs them immediately it is permissible to fix them. If he does not need them immediately it is forbidden to fix them. However, it is permitted to put water in them even if he does not need it immediately.
Siman 545
1. Laws of Writing on Chol Hamoed, and in it is 2 paragraphs It is forbidden to write on Chol HaMoed even to note one letter in a book is forbidden. Note (Rema) for the needs of the public there are those that forbid, all that isn't for the needs of the Festival (Terumas HaDeshen Chapter 85), and there are those that allow (Kol Bo and Bais Yosef). The custom is to be lenient in our script that is not a professional act.
2. It appears to me that is not to them a Kosher Sefer Torah to read with it with the Community, it is permitted to edit (i.e. fix errors) on Chol HaMoed in order to read with it with the Community. And the same with Books of Scripture and Talmud that are to read on the Festival, it is permitted to edit on the Festival because it is a matter of loss (Davar Haavid). And if there isn't a Sefer Torah at all, if it is possible to write completely on Chol HaMoed by many Scribes, it should be written because it a need of the Festival to read the Torah with the Community. Note (Rema): the same rule applies for other Holy Books to learn from them (Terumas HaDeshen Chapter 85 and Rokeach.
3. A person can write tefillin, mezuzahs for oneself and spin on his thigh Techelis and Tzitzis (Bais Yosef) to wear. If there isn't to one what to eat, one can write and sell to others in order to sustain oneself. Note (Rema): Or if that there to him more expenses than the profit for the Joy of Yom Tov (Tur). If he writes in order to lay (i.e. put on) on the Festival in all matters it is allowed (Smag). It is not forbidden except the writing but making them is allowed (Bais Yosef in the name of Tosafos).
4. It is permitted to write calculations (or accounts) and to consider expenditures. Note (Rema): and the same rule applies, the documents that we write when we loan on collateral are allowed (Notes of the Mordechai, Kol Bo, and Maharil end of Chapter (2) Mi Sheefech).
5. It is permitted to write Kiddushin contracts, Pesikta contracts, bills of divorce (Gittin), proof of divorce, Final Will & Testimony (Datiki), gifts, Prozbul, Assessment Letters, Sustenance Letters. Explanation of pesikta contracts is that a person allocates to give to his son or his daughter such and such (amount). Explanation of Datiki ....
6. We do not write a loan contract on the Festival. If (either) the lender does not trust the borrower and the borrower needs the money or the scribe does not have what to eat, there it can be written. Note (Rema): it is permitted to write a sales receipt on the Festival (Tosafos) but there is not to write a tenant or contractor contract that was accepted before the Festival (Rabbeinu Yeruchom).
7. In all matters that it is permitted to write, even without modification it is permitted. And all that it is forbidden to write even with a modification it is forbidden. Note (Rema):Wax tablets (like a chalk board) it is permitted to write because it is not permantent writing (Bais Yosef in the name of the Archos Chayim).
8. One that was asked from him a question and the deliverer does not want to wait until after the Festival, it is permitted to write (a response). Similarly, it is permitted to copy (the response) because it is considered a matter of loss (Davar HaAvid)
9. If one heard a new insight, it is permitted to write it in order that he not forget. Similarly, if one saw a new book, it is permitted to copy if one would not find it to copy after the Festival.
10. We judge whether monetary rulings or capital rulings. And we excommunicate or flog one who does not accept on him the ruling.
11. It is permitted to plea for the sake of (monetary) obligations the Chol HaMoed.
Siman 546
1. The Laws of Betrothing and Marrying on Chol Hamoed, 5 Seifim: We do not marry women on hol hamoed, neither virgins nor widows, nor do we perform levirate marriages. It is permitted to betroth, though one should not do festive engagement meals in the house of the betrothed at the time of betrothal. It is permitted to do dancing. It is permitted to have engagement meals with relatives not in the house of the engaged. It is permitted to have engagement meals in the house of the engaged at a time other than the time of betrothal.
2. It is permitted for one to return to his divorcee who he had previously married.
3.It is permitted to marry everybody – virgins and widows – on the eve of the holiday and to [then] do festive holiday meals.
4. It is permitted to do festive meals for a circumcision or for the redemption of the firstborn son on the holiday.
5. A woman can apply makeup on the holiday. She may paint her eyelids, rouge (Meaning she parts her hair according to Rashi), apply paint to her face, apply lime on the body, and similar things. These are permitted providing she will be able to remove it on the holiday. She may remove her armpit and pubic hair, both by hand and with a tool. She may use a razor on her forehead.
Siman 547
The Laws of Dealing with Death on Chol Hamoed, 12 Seifim: It is forbidden to eulogize or fast on hol hamoed. Therefore, we do not leave the coffin in the street so that we not cause eulogizing. For the same reason, we do not bring the coffin to the cemetery until the grave is ready.
2. Women may wail, which is crying out together. They may not lament, which is when one speaks and the others cry out in response. they do not clap, which is clapping the hands together. Once the dead is buried, they may not wail.
3. During the thirty days prior to the holiday, It is forbidden to eulogize somebody who died before that thirty day period. This even applies if there is another eulogy that one is giving, i.e. if somebody died within the thirty period, in which case it is permitted to eulogize the dead even on the eve of the holiday. In such a case, it is still forbidden to eulogize alongside that person somebody who died thirty days prior to the holiday.
4. If somebody hears of a death within thirty days of a festival, it seems to me that is permissible to eulogize, even if this report comes from far away.
5. It seems to me that our practice during the rest of the year to eulogize and mention the soul of the dead is not included in this prohibition, it is permitted within the thirty days prior to the holiday.
6. One does not tear for somebody who died on the holiday, except for relatives that one is obligated to mourn for, scholars, upright people, and people who died in one's presence. For relatives that one is obligated to mourn and for scholars, one tears even not in the presence of the dead, even if one heard of the death during the holiday if the death occurred within thirty days. For an upright person, one only tears if one learned of it between the death and the burial. Rem"a: There are those who disagree. The practice among Ashkenazim is to only tear for one's father or mother. For other deaths, one tears after the holiday (Maharil and Terumat Hadeshen chapter 458). In places for which this is not the practice, one should tear for all the aforementioned cases.
7. One does not remove garments from shoulders except for in the case of relatives who one is obligated to mourn for and scholars.
8. We provide meals to the mourners on Chol Hamoed, though only in public, only to the relatives of the dead. We only provide meals to the mourners on upright beds. There is no overturning of beds on the holiday.
9. Everyone eats a mourner's meal in public for a scholar who died, similar to the way in which mourners generally eat the meal, because everybody is mourners for a scholar.
10. We fulfill all the needs of the dead on Chol Hamoed. We cut his hair, wash his garments, and build a coffin in the yard where the dead is located so that it is clear that it is for the dead. If we do not have boards, we may bring logs and cut them into boards in the privacy of the home. If the dead is famous, we can do this even in the market. We do not cut down trees from the forest to make boards for the coffin. We do not mine stones to build a grave. In a place where few Jews live and everybody knows that there has been a death, all dead are treated as famous.
11. We do not dig crypts or build graves on Chol Hamoed so that they can be ready for somebody who will die. However, we may adjust one. If it is too long, we shorten it, or lengthen it, or widen it.
12. One should not uproot grass and dirt on hol hamoed in the cemetery the way we do on non-holiday periods. (The laws of tziduk hadin on moed are covered in Yoreh Deah 401:6.)
Siman 548
1. The Laws of Mourning on Chol Hamoed, 20 Seifim: One who buries a dead [relative] on a holiday does not have the obligations of mourning during the holiday. After the holiday, he observes shiva and mourns accordingly. He counts thirty days from the burial and observes the mourning practices for the remainder of the thirty days [that are after the holiday].
2. In places where they observe two days of Yom Tov, the shiva begins on the second day of the end of the festival, even if no mourning is observed then; because this day is only rabbinic, it counts towards the shiva, and one only counts six days following it. Rem"a: Regarding whether the second day of Rosh Hashanah counts towards the shiva, see glosses on Yoreh Deah 399:13.
3. One who buries his dead [relative] on the second day of yontif in the Diaspora that is the last day of the festival or the second day of Shavuot should observe mourning practices if that day is both the day of death and the day of burial. Because the second day of yontif is a rabbinic obligation and the first day of mourning is a Torah obligation, a rabbinic commandment can be superseded by a Torah commanded. However, if he was buried on the second day of Rosh Hashanah, we do not observe mourning practices because the two days are considered one long day. Rem"a: There are those who disagree and hold that one should not observe any mourning practices on the second day of yontif, and this is the widespread practice that should not be changed (Rabbeinu Hananel and the Rosh).
4. Regarding that which said that one who buries a dead [relative] on the holiday does not observe mourning practices, this is only referring to public practices. One does observe private practices. (However, it is permitted for the mourner to sleep in the same room as his wife, and no guard is needed [to ensure they do not have sex].)
5. Even though there is no mourning on a holiday, there is aninut [the first stage of mourning, prior to burial]. If somebody experiences a death on Chol Hamoed, the prohibitions applicable to aninut apply. If the person dies on Yom Tov and he does not wish to bury him that day, aninut is not applicable unless he goes to the edge of the techum to attend to the needs of burial immediately after the holiday, in which case aninut is applicable when it gets dark. However, if the death happens on the second day of Yom Tov and he wishes to bury him that day, or if it happens on the first day of Yom Tov and he wishes to bury him using non-Jewish labor, aninut applies.
6. Even though there is no mourning during the holiday, if somebody experiences a death on the holiday, we occupy ourselves with comforting him on the holiday. After the holiday, once seven days have passed since the dead, even though the mourning period has not finished, his work can be performed by others in their house and his servants can work in the privacy of his home. It is not necessary to comfort him the number of days that he was comforted on the holiday.
7. If the death occurred before the holiday and he observed mourning for even one hour before the holiday, shiva is no longer applicable and the days of the holiday count towards the thirty day [mourning period]. Thus, we consider there to be seven days before the holiday, we add the days of the holiday, and we add days after the holiday to complete the thirty day period. This is only applicable when one observed mourning in that hour. However, if one unintentionally or intentionally did not observe mourning practices, or it was close to nightfall and he was unable to observe, the holiday does not atrapalliate the need for mourning and the laws are the same as if the burial happened on the holiday.
8. If he observed seven days of shiva and then the holiday commenced, the thirty-day mourning period (shloshim) is nullified. Even if the seventh day of mourning is on the day before the holiday, he is permitted to get haircuts and do laundry on the day before the holiday. Rem"a: This is also the case for bathing for us who forbid bathing during shloshim; it is permitted to bathe close to the onset of the holiday and it is unnecessary to wait until night (Hagahot Maimoni, Mordechi, and Hagahot Ashiri). It is unnecessary to say that if the eighth day of mourning falls on Shabbat that is the day before the holiday, that is permitted to get haircuts on Friday. If he did not shave before the holiday, he is permitted to shave after the holiday, because shloshim has been nullified. However, he may not shave during the holiday, because it was possible for him to have shaved before the holiday. If the seventh day of mourning falls on Shabbat that is the day before the holiday, it is permissible for him to shave on hol hamoed because it was not possible for him to shave prior [to the holiday].
9. Regarding the holiday nullifying the shloshim period, this is only applicable to dead people that are not parents, for which it is forbidden to get a haircut until his friends scorn him. Even if the holiday occurs after the shloshim period, this practice is not nullified.
10. If a day of mourning that is not the seventh falls on the day before a holiday, it is permitted to do laundry, but he should not wear the clean clothes until night. It is good to be careful to do laundry after noon so that it is clear that he is doing laundry for the holiday. Bathing is forbidden until night. There those who permit bathing after the afternoon prayers, close to nightfall. Rem"a: For us, who forbid bathing the whole thirty-day period, it is forbidden to bathe [before the holiday], because the holiday nullified only the shiva [and not the shloshim]. The same is true for laundry in a place where the custom is to forbid laundry during shloshim.
11. Rosh Hashana and Yom Kipur are treated like festivals with respect to nullifying mourning.
12. If one practiced mourning for one hour before Passover, that hour counts as seven days. Together with the eight days of Passover, this is considered fifteen days. He adds another fifteen days [after Passover to complete the shloshim].
13. If one practiced mourning for one hour before Shavuot, that hour counts as seven days. Because if one did not sacrifice the Shavuot offerings on Shavuot, he can make it up for seven days, Shavuot counts as seven. Together, this is fourteen days. He adds another sixteen days [after Shavuot to complete the shloshim]. The second day of Shavuot counts towards the sixteen.
14. If one practiced mourning for one hour before Rosh Hashanah, the requirement for shiva is nullified because of Rosh Hashanah. Shloshim will be nullified by the onset of Yom Kippur. And he can shave on the eve of Yom Kippur. Similarly, if the burial was on the 3rd of Tishrei (so the 9th is the end of the Shiva), he can shave on the eve of Yom Kippur (which will nullify the Shloshim).
15. If one practiced mourning for one hour before Yom Kippur, the requirement for shiva is nullified because of Yom Kippur. Shloshim will be nullified by the onset of Sukkot. He can shave the day before sukkot.
16. If one practiced mourning for one hour before Sukkot, [the requirement for shiva is nullified because of Sukkot]. Together with the seven days of Sukkot, this is considered fourteen days. Shmini Atzeret is counted as seven days, which brings the total to twenty one days. Adding the second day of Shimi Atzeret brings the total to twenty two days. He adds eight more days [after the holiday to bring the total to thirty].
17. If one heard news of a relative's recent death on Shabbat or holiday, and by the end of the Shabbat or holiday it became distant news, the laws are the same as if one heard news of a non-recent death after the Shabbat or holiday. However, on Shabbat and yontif he should practice mourning practices privately.
18. If one heard distant news of a death on Shabbat or yontif, he doesn't even observe private mourning practices. After Shabbat or yontif, he practices one hour of mourning, and this is sufficient.
19. If one hears recent news of a relative's death on Shabbat, Shabbat counts as the first day. The following day he tears, and Friday will be the seventh day of mourning.
20. If ten days after Sukkot, he finds out that somebody died the day before Sukkot, even though if we were to count the hour before the holiday as seven, the seven days of Sukkot and Shimi Atzeret, together twenty one days, and the ten days afterwards, we would have thirty days, this is treated not as distant news but as recent news. The holiday does not count for one who did not practice any mourning prior to it; how much more so somebody who didn't even know about the death.
Siman 549
We are required to fast on the 9th of Av, [and] on the 17th of Tammuz, and on the 3rd of Tishrei, and on the 10th of Teves because of the bad occurrences that occurred on those [days].
Even though it is written in the verse (Jeremiah 39:2) "[During the eleventh year [of the reign] of Tzidkiyahu] in the fourth month [i.e., Tammuz], on the ninth day of the month, the city was crossed", we do not fast on the 9th day of that [month], rather on the 17th of that [month] -- since, despite the fact that originally (i.e.; the First Temple) [the city of Jerusalem] was breached on the 9th of that [month] -- since the second time (i.e.; the Second Temple) [the city] was breached on the 17th of that [month], [the sages] decreed a fast on the 17th of that [month] because the destruction of the Second Temple was stronger than it (i.e; the destruction of the First Temple).
Siman 550
1. The (legal) distinction that there is between Tisha B'av to the other fasts, and in it there are 4 paragraphs. All are obligated to fast on these Four fasts, and it is forbidden to break the fence (i.e. not fast) Note (Rema): However, those who are pregnant or nursing that are very distressed, do not fast [Hagaos Maimoni and the Maggid Chapter 5]. And even if they (the above) are not distressed, they are not obligated to fast, rather customarily they are strict. (This lack of obligation for those in a lack of distress) is specifically on the 3 fasts, but Tisha B'av, they are obligated to complete (the fast) [like that brought in Siman 554 Paragraph 5]
2. These fast except for Tisha B'av one is allowed to wash, anoint, wear shoes, and have marital relations. And it is unnecessary to stop (from eating) when it is still day (in the case the 3 fasts when it is still night and the fast has not started yet).
3. All four fast if they fall on Shabbos, they are pushed to after Shabbos. Note (Rema): If they fall on the eve of Shabbos, we read in the morning and afternoon prayers the parsha of Vyachel (Exodus 32:11 and on) [Bais Yosef] If there is a wedding on the day of the fast on the eve of Shabbos, the custom is pray the afternoon prayers and read Vyachel and then afterwards do the Chuppah ceremony [see Siman 249 Paragraph 4 if one completes the fast].
4. On Shabbos before a fast, a Community Representative (Shaliach Tzibur) announces the fast except for Tisha B'av, Yom Kippur, and the Fast of Purim (Taanis Esther). The remainder is forces (אכ"ף - Aleph - tisHA bav Kof - yom KIppur Geh - Purim) on him his mouth. (see Proverbs 16:26) Parentheses the custom of Ashkenazim is not to announce even one of them (of the fasts).
Siman 551
1. Laws of the Week that Tisha B'av falls within and in it 18 paragraphs. When one enters (the month of ) Av, we reduce in Joy. And a Jewish person that has to him a legal dispute with a Gentile, one should delay from (adjuring) it because there is bad mazel. Note (Rema): A Bris Milah that is from Rosh Chodesh Av until Tisha B'av, we are accustomed that the Mohel, the Baal Bris (the one who holds the baby), and the father of the son wear Shabbos clothes [Minhagim]. But beside for this, it is forbidden even on Shabbos Hazon (the Shabbos prior to Tisha B'av) we do not switch to wear Shabbos Clothes except for undergarments [Mordechai Laws of Tisha B'av and the Haagos Ashiri Chapter 4 of Taanis, and the Agudah, and the Rokeach]. But we do spread the Shabbos Parachos Covering (i.e. the sheet cover in front of the Aron with the Torah Scrolls) except if Tisha B'av falls on Shabbos and is pushed off (to Sunday) then we not spread the Shabbos Parachos Covering. One who is marrying the week of Shabbos Nachmu (that is the week after Tisha B'av) is allowed to wear Shabbos Clothes on Shabbos Chazon [Maharil]
2. From Rosh Chodesh until the Fast we minimize business transactions and building of joy, example the wedding house for his son or the building of molding and decorating (i.e. of walls and ceilings). Or joyous planting, example a royal banqueting canopy that is planted for shade to stand in its shade or types of myrtle and other tents. If its wall is leaning to fall even though it is of joy, it is permitted to build and for the needs of a mitzvah, all is allowed [Ran Last Chapter of Taanis] . We do not wed women and we not make engagement meals, but engaging without a meal is allowed. Even on Tisha B'av itself, it is permitted to engage that one not precede him. Note (Rema): Our custom is to be strict that we do not wed from the 17th of Tammuz and on until after Tisha B'av [Minhagim].
3. The week that Tisha B'av falls in, it is forbidden to get a haircut or launder even if he does not want to wear now rather to place until after Tisha B'av or even if he only has one garment, it is forbidden. And similarly previously laundered (garments) whether to wear or whether to make the bed even hand and table towels, it is forbidden. Our washing is permitted but geyhutz explanation: we pass on clothes a rock to smooth the clothing [Arukh] of ours is forbidden. Linen clothes there isn't to them because of geyhutz and behold they are like our washing and permitted. That is in the matter of geyhutz and placing until after Tisha B'av but it is forbidden to wear on this week. The custom is to forbid even linen garments even in our washing whether to wear to launder, or to place. And there is not be lenient in this matter since it is the custom and all the more so that it is possible that legally it is also forbidden that behold there are those that write that laundering of ours is called the geyhutz of those of Babylonia that does not whiten well according that that their waters are murky that they were not a land of mountains and hills like the Land of Israel. And the laundering of other lands it is possible that it is like the laundering of the Land of Israel, and forbidden. Additionally, there are that explain geyhutz as water and ash or carbonate or soap whereas laundering is just water. And today we do not launder in water alone and we find that laundering today is geyhutz and forbidden legally even linen garments to wear there is. Note (Rema): We are accustomed to be strict in all of this from the beginning of Rosh Chodesh until after the fast unless for the need of a mitzvah like a women to wear white, it is allowed to launder and wear whites and fold underneath her [Rokeach and Or Zarua]. But Tisha B'av itself, she should not wear whites rather wear a garment that is checked and nice [Haagos Shaarei Dora]. Similarly for the honor of Shabbos we wear linen clothes and fold whites (i.e. like tablecloths) like other Shabboses. It is forbidden to give garments to a Gentile launderer to launder from Rosh Chodesh and on, but before Rosh Chodesh it is allowed to give even though they will wash after Rosh Chodesh [Tosafos Chapter 4 of Taanis and the Maharil]
4. After the fast, it is permitted to get a haircut, to launder immediately. If Tisha B'av falls out on Sunday or Shabbos and is pushed out off until after Shabbos, it is permitted for both weeks whether before the fast or after. There are those that say that the custom to forbid the whole week except for Thursday and Friday. Note (Rema): We are accustomed to be strict from the beginning of Rosh Chodesh in the matter of laundering but haircuts we are accustomed to be strict from the 17th of Tammuz [Minhagim]
5. It is forbidden for a Jewish woman to wash the clothes of Gentiles on this week.
6. New garments whether white or dyed whether wool or linen, it is forbidden to wear on this week. Parentheses (Rema): We are strict from Rosh Chodesh and on.
7. There are those that say it is forbidden to fix new garments and new shoes on this week. And there is to be strict in this from Rosh Chodesh. Note (Rema): The same rule would forbid to purchase, and similarly for a Jewish craftsman it is forbidden to make for others with for a wage or for free (Terumas Hadeshen and Bais Yosef). The custom is to be lenient in this but if it is known and publicized that it is the work of a Gentile, it is allowed (Terumas Hadeshen). And same to give to Gentile craftsman to fix new garments within this time in order that they be ready for after the fast. However, it is good to minimize this in a situation that is possible that is no greater from other business transactions that we decrease in them.
8. Women that are accustomed not to weave Explanation: from the language of weave or knit wool from that it comes (the month of) Av, it is a custom. Parentheses (Rema): And we are accustomed that we do not make Kiddush Levana until after Tisha B'av [Maharil and Daas Atzmo]
9. There are those that are accustomed not to eat meat nor drink wine this week. But, it is allowed to use wine vinegar [Agudah and Maharil]. And there are those that add (on the custom to not eat meat/drink wine) from Rosh Chodesh (Av) until the Fast (Tisha B'av), and there are those that add from Shiva Asar B'Tammuz. Note (Rema): We cover from Rosh Chodesh and on the slaughtering knife [R' Yeruchom Path 11 Chelek 3 and Haagos Maimoni] because we only ritually slaughter for a mitzvah need, for example for a sick person, Shabbos, a Bris Milah, a Pidyon Haben, or similar.
10. There is one who says that those that are accustomed not eat meat, in the days mentioned, are permitted to eat a dish that had cooked in it meat. And it is forbidden with meat of fowl, salted meat, and sweet wine. Yet it is permitted to drink wine for Havdalah and Birkas HaMazon. Note (Rema): And we are accustomed to be strict and not drink wine for Birchas HaMazon nor Havdala [Teshuvos Maharil Siman 106]; rather, we give to a child. And in a place where there is not a child, one can drink themselves for Havdala. At a Mitzvah Meal (Seudas Mitzvah) like a Milah, Pidyon HaBen, a Siyum (concluding of a) Tractate, or an Engagement Meal, we eat meat and drink wine, all those who are relevant to the meal, but there is to minimize that one should not to add on. And on the week that Tisha B'av is within it, there is not to eat meat or drink wine (in the above situations) except an exact quorum (minyan). And this is allowed even the eve of Tisha B'av provided it is isn't the concluding meal (Seuda Mafsekes - which takes place immediately prior to the fast) [Daas Atzmo].
11. All who eat meat in a place that is accustomed in it a prohibition, he is a breaker of fences, and may be bit by a snake. Parentheses (Rema): Yet, it is permitted to drink all (other) types of alcoholic beverages even that is from honey that is called mead.
12. Getting a haircut this week (that Tisha B'av falls) whether the head or any hair (like the beard) on him is forbidden.
13. Yet, on the beard, anything that prevents eating is allowed (to be trimmed).
14. It is forbidden for adults to cut the hair of minors or wash their clothes on the week that Tisha B'av falls within. Note (Rema): However, clothes that children soiled them completely, that excrement comes out on them, these certainly are allowed to clean, and even other children clothes, we are accustomed to be lenient [Bais Yosef]
15. One who is doubled by a mourning over a dead relative and this week (i.e. a person lost a relative and the Shloshim feel the week of Tisha B'av increasing his or her time unable to get a haircut) and his hair is heavy on him (i.e. becoming overly long), he can lighten with a razor but not scissors. And wash his clothes with water but not with carbonate nor sand (i.e. cleaning product).
16. There are those that don't bathe from Rosh Chodesh (Av), and there are those that withhold from this week, and there are those from the 17th of Tammuz until Tisha B'av. Note (Rema): Yet for a mitzvah need it is allowed; therefore, a Niddah can bath and immerse (in a mikvah) [Maharil]. Even one who is immersing on the night of the 10th of Av, she is permitted to bathe the eve of Tisha B'av if she cannot do so on the night of the 10th of Av [Agudah]. And it seems that so to a woman who will dress in whites (for her 7 days of purity) is able to wash a bit normally like the rest of the year - since it is not done for pleasure only for the sake of the mitzvah. The custom is to not wash even with cold (water) from Rosh Chodesh and on [Terumas HaDeshen Siman 106]. Even on the eve of Shabbos Chazon, it is forbidden to wash except the head, face, hands, and feet in cold water [Maharil and Teshuvas Maharil Siman 16 and Bais Yosef]. Yet there are those are lenient in immersing the head in hot water to one who normally does so every week.
17. It is good to be careful from saying the Sheycianu blessing from Bein HaMitzrim (between the straights - 17th of Tammuz until 9th of Av) on a fruit or clothing. But on a Pidyon Haben say and do not delay (lit. spoil) the mitzvah. Parentheses (Rema): And so with a fruit that he won't find after Tisha B'av, it is permitted to bless and to eat it Bein HaMitzrim [Binyamin Zev Siman 163 and Teshuvas Maharil].M
18. It is necessary to be careful from the 17th of Tammuz until the 9th of Av not to go out alone from the 4th to 9th hour (of the day) because the demon Meriri rules and do no hit students on these days.
Siman 552
1. Laws of the Eve of Tisha B'av containing 12 paragraphs. On the Eve of Tisha B'av in the Parting Meal-- that is eaten after Halachic Noon-- a person should not eat meat and should not drink wine, and he should not eat two cooked dishes. Note (Rema): Even other drinks, one should reduce the amount he normally drinks [Tur and Bais Yosef in the name of Tosafos and Rokeach] and similarly, he should not eat after the Meal radishes and salted food that he is used to on other occasions in order to accustom himself in asceticism. [Mordechai]
2. Even salted meat more than 2 days and one night old; or the meat of fowl, fish, or newly pressed wine that is less than 3 days old, the custom is to forbid.
3. Even one item cooked in two pots is called two dishes and so it's advisable to be strict and careful to avoid two items in one pot-- unless this is the normal manner it is cooked during the whole year; for example chickpeas types of vegetables and in our language ciceri that they put onions and eggs on them. A cooked dish that is made from something that can be eaten raw is called a cooked dish in this matter. Note (Rema): And there is no distinction between a roasted food and a cooked one in this matter [Mordechai Laws of Tisha B'av]
4. It is permitted to eat fruits when they are raw, even multiple types.
5. We customarily eat lentils with cooked eggs in them that are the food of mourners. Note (Rema): There are those that are accustomed to eat hardboiled eggs that are also a food of mourners [Haagos Maimoni Chapter 5]
6. One who is able should only eat burnt bread in salt and a flask of water in the Parting Meal. Note (Rema): There are those that are strict after eating the bread to dip into ash and to eat on the word(s) "And he has broken in gravel..." (Lamentations 3:15)
7. There is a custom to sit on the ground during the Parting Meal Parentheses: and it is not necessary to take off his shoes [Hagahot Maimoni and Rambam Chapter 7 and Beit Yosef]
8. One should be cautious not to sit in a group of three at the Parting Meal in order that they will not become obligated in a Zimun; rather, each one sits alone and blesses (i.e. Birkat Hamazon) alone.
9. And all this applies at a Parting Meal where one does not intend to eat more in a regular meal after it and when eaten after Halachic Noon. But if it is before Halachic Noon, or after Halachic Noon but his intention is to eat an established meal after, it is not necessary to be careful in these matters. Note (Rema): And the custom is in all the provinces of Ashkenaz to eat an established meal before Mincha, and to pray Mincha after, and then eat the Parting Meal. [Maharil] We are accustomed to add a little more (food) to this first meal in order that the fast not hurt them, since we stop eating while it is still day, just like on Yom Kippur. And there is a slight proof for this from the Midrash Eichah Rabbati. However, one who is able to afflict himself and knows for himself that the fast won't be a harm to him and is strict on himself is called a Kadosh (Holy Person), so it seems to me.
10. If Tisha B'av falls on Sunday or Shabbat and is pushed off until after Shabbat, one eats meat and drinks wine in the Parting Meal, and their table can be elevated even like a meal on King Solomon's table at the time of his Kingship Parentheses (Rema): However it is necessary to stop eating while still day [S'mak]
11. One who accepted upon himself to fast every Monday and Thursday all the days of the year, and it happens that the eve of Tisha B'av is on Monday: He should ask upon his vow (i.e. to nullify it) or borrow his fast and pay it back (i.e. fast another day instead). Note (Rema): The Gaonim write that he should fast until after the Mincha Prayers and eat the Parting Meal before the setting of the sun [Hagahot Ashiri and Mordechai and Terumat Hadeshen Chapter 75], and so we are accustomed. And the same rule applies to one who fasts a "Dream Fast" [Maharil].
12. We do not say Tachanun on the eve of Tisha Bav at Mincha because it is called a "Moed" (Festival). Parentheses (Rema): If it is Shabbat, we do not say Tzidkat'kha [Maharil and Minhagim].
Siman 553
1. Laws of the Parting Meal, which contains 2 paragraphs Even though one ate the Parting Meal, it is allowed to return and eat (more), unless one accepted upon himself explicitly not to eat further that day. Note (Rema): Acceptance by thought is not an acceptance; rather, he needs to speak it with his lips (i.e. speak out the declaration) [Bais Yosef in the name of Tosafot]
2. The night of Tisha B'av is like the day in every matter, and we only eat while it is still day (i.e. on the eve of Tisha B'av). Twilight time (i.e. the time between certain day and certain night) is forbidden (to eat) like Yom Kippur. Note (Rema):It is permitted to wash, anoint, wear shoes until Twilight. However in a weekday (Tisha B'av eve), we are accustomed to take off shoes before one says Barchu (beginning of Maariv of Tisha B'av); and if it is Shabbat, we take off our shoes after Barchu-- except for the prayer leader who takes them off before Barchu [Haagos Maimoni]-- so that we say hamavdil first (i.e. in the amidah before taking off our shoes so as to not do so before we have proclaimed the end of Shabbat) [Minhagim in the name of MaHaRack]. The custom is not to learn on the eve of Tisha B'av from Halachic Noon forward, except on matters allowed (to be learned) on Tisha B'av. Therefore if it (i.e. the eve of Tisha B'av) fell out on Shabbat, we do not say Pirkei Avot [Maharil and Minhagim]. Similarly, one should not travel on the eve of Tisha B'av.
Siman 554
1. Tisha b'Av is forbidden for washing, anointing, wearing leather shoes, and marital relations. It is also forbidden to read from the Torah, Nevi'im, and Ksuvim and to learn mishna and midrash and gemara and halacha and aggada, because it says, "The precepts of God are right, gladdening the heart" (Tehillim 19:9). Schoolchildren are idle on it. One may read Iyov and the bad things which are in Yirmiyah, but if there are between them passages of consolation, one must skip them.
2. It is permitted to learn the exegesis of Eichah and Perek Ein Megalchin (third and final perek of Moed Katan). Likewise, one may learn the interpretations of Eichah and Iyov.
3. There are those who prohibit learning by thought (and not out loud).
4. It is permitted to read the entire Order of the Day (of prayers) - the paragraphs of the Sacrifices, the Mishnah (Chapter) of Eizu Mekoman, and the teaching of Rabbi Yishmael. Note (Rema): It is permitted to review the Torah reading (of Tisha B'av) on Tisha B'av.
5. Pregnant and nursing women fast on the 9th of Av just as they fast and complete the fast on Yom Kippur. On the other 3 fasts they are exempt from fasting, nevertheless it is proper that eating and drinking should be solely for the purpose of sustaining the baby, instead of deriving enjoyment from the food and drink. Also see prior in Siman 550, Paragraph 1
6. A chayah (=a new mother) all 30 days (after delivery) and a sick person that needs to eat, it is not necessary to assess; rather, we feed to them immediately because in a place of sickness, the Rabbis did not decree. Note (Rema): However, we are accustomed to fast the whole time that there is not a great pain which would cause to worry for danger; however, a lenient approach doesn't lose.
7. Washing is forbidden on Tisha B'av whether with warm or cold (water) even to dip one's fingers into water is forbidden.
8. Mitzvah immersions in their proper time are allowed, but today we do not immerse in the proper time; therefore, one should not immerse on it (Tisha B'av) and so the is the custom.
9. If one's hand are dirty with dirt or excrement, it is allowed to wash to get off the dirt, yet he should not wash his whole hand rather according to the need to get off the dirt. Note (Rema): If one does their bodily needs (i.e. goes to the bathroom) if it is allowed to wash, the law is like Yom Kippur and further see Siman 613 Paragraph 3.
10. A person who pours (the water) on his hands in the morning (for the ritual hand-washing) needs to to be careful that he not pour on his hand except to the end of the joints of the fingers.
11. And after he dries his hands, and they are still a little moist, he can pass them on his eyes (to clean) if there is pus on his eyes and his normal matters to wash them with water and pass over. And he doesn't have to be concerned because that it is like dirt and excrement that he washes normally and there is no concern.
12. One who is going to visit his teacher, father, or one who is bigger (in Torah knowledge) than him, or for a Mitzvah need, can cross in water until his neck and he has no concern. And same on the return, it is allowed.
13. One who is going to guard his fruits, can cross in water until his neck and he has no concern. But on the return, it is forbidden.
14. One who returns from the road and his feet are darkened, it is allowed to wash them with water. Note (Rema): It is permitted to soak a cloth in water on the eve of Tisha B'av and take out from the water and let dry. And (on Tisha B'av) wipe with it one's face and feet even if one does only for pleasure it is fine since it is (Halachically) dry [Tur].
15. Anointing is not forbidden except for pleasure but one who has scabs on their head can normally anoint and he has no concern.
16. (The prohibition of) wearing shoes is specifically by leather but of garment or wood or cork explanation - word pieces or silk is allowed. Of wood covered by leather is forbidden.
17. A mourner or an excommunicant that is going on the road is allowed to wear shoes and when he reaches the city, he takes them off. And so too on Tisha B'av. Note (Rema): And same in a place that we dwell amongst Gentiles, he does not take off unless on a Jewish street, and so is the custom. [Tur and Haagos Maimoni, Haagos Mordechai beginning of the first Chapter].
18. There is one who says not to sleep on the night of Tisha B'av with his wife in (the same) bed. And the matter is fitting to do because "go go" (i.e. away from the orchard of grapes) that we say to a Nazir (who is forbidden in eating grape products).
19. If Tisha B'av falls out on Shabbos, it is permitted in all (i.e. all acts with his wife) even marital relations are allowed. Note (Rema): There are those that forbid marital relations, and so we are accustomed [Tur in the name of the Ri, Agur, and Minhagim.]
20. He should not greet "Shalom" to his friend on Tisha B'av. And fools that do not know and give "Shalom", we respond to them in a quiet tone and with solemnity.
21. There is one who says not to go and leisurely walk in the market (on Tisha B'av) in order not to come to laughter, irreverence, and mockery.
22. A place that is accustomed to do work on Tisha B'av, one can do. A place that is accustomed that they do not do work on Tisha B'av, one should not do. In all places, Talmud Chachim (Torah Sages) are idle (i.e. from work), and all who want to make themselves a Talmud Chacham regarding this matter, one can do. Even in a place that is accustomed not to do work, it is allowed via a Gentile even in his (the Jew's) house. (Regarding) doing business for profit or to get wages (i.e. as opposed to for preventing loss etc.), in a place that is accustomed not to do work, it is forbidden. In a place that is accustomed to do work, it is permitted. However, that it should be minimized, as even upon the entry of (the month of) Av, we reduce transactions. Note (Rema): It is not the custom in forbidding work except until Halachic Noon [Minhagim]. It is the custom to be strict until Halachic Noon in all work that there is some delay even a non-professional act. But something that does not have delay like lighting a candle, tying (a knot) and similar are permissible. Milking cows, it is good to do via a Gentile if possible with a Gentile.
23. Work that is a matter of loss (Davar Haavid) is permitted like the way that it is said by Chol HaMoed.
24. All that do work on Tisha B'av, one will not see a sign of blessing from that work.
25. All that eat and drink on Tisha B'av, will not see the joy of Jerusalem. And all that mourn on Jerusalem, will merit and see it in her joy. And that eat meat and drink at the Parting Meal, on him the verse says their iniquities are on their bones (Ezekiel 32:27).
Siman 555
The laws of tefillin and tzitzit on Tisha b'Av: and following, two subsections // We are accustomed not to put on tefillin or a tallit on Tisha b'Av in the morning, but rather to put on a small tallit under clothes, and not make a blessing. And during mincha we put on tzitzit and tefillin and bless them.
There are those who are accustomed on the night of Tisha b'Av to sleep spread on the ground and to place a stone beneath their heads. [Note {of the Rem"a} -- and these are to pain a person regarding their lying down on Tisha b'Av; if a person is accustomed to lie with two pillows they will lie [on Tisha b'Av] with one. {Tosafot, end of Ta'anit} And there are those people who place a stone under their heads to remember what is said, "He took from one of the stones of that place" (Genesis 28:11) that had seen the destruction {Mordechai on Moed Katan}. Pregnant women, who are not able to cause themselves pain, are not obligated in any of this [Tosafot] And a person should decrease their honour and enjoyment on Tisha b'Av in all that is possible.]
Siman 556
Tisha b'Av that falls on Sunday: and containing one subsection. // The night of Tisha b'Av that falls on Saturday night, when a person sees the candle they should say borei m'orei ha'aish and they should not bless on spices. And on the night when Tisha b'Av goes out, one should make Havdalah on a cup [of wine] and should not bless either a candle or spices.
Siman 557
On Tisha Be-Av we say [during] the blessing of "Bo-neh Yerushalayim" {in the Amidah}: {Nachem} "Console My L-rd my G-d the mourners of Zion etc ..", and "Aneinu" during "Shomeya Tefilah", but if one did not say one nor the other, we do not make them go back. Rema Note: The simple custom is not to say Nachem except during the Minchah prayer on Tisha be-Av, for it was then {in the afternoon} that the fire took hold in the Mikdash, and therefore we pray at this time about the consolation (Rohach, Avudrahum). One who ate on Tisha be-Av, would say "Nachem" {instead of "Rachem"} in Grace after meals (Maharil).
Siman 558
On Tisha Be-Av around afternoon time the sanctuary caught fire, and burned until the sun set on the tenth, [subsequently] for this reason the proper custom is not to eat meat, nor to drink wine on the night of the tenth or the day of the tenth. Rema Note: There are those who are strict until midday and no longer (Hagehot Maymoni). If Tisha be-Av fell on Shabbat and was pushed off until the first day [of the week], it is permitted to eat meat and drink wine on the second day [of the week], but the night is forbidden because of the mourning of the preceding day (Maharil).
Siman 559
Customs of Tisha b'Av and the ruling regarding circumcision on Tisha b'Av. And there follow ten subsections // When Tisha b'Av begins on Saturday night, we don't say "Tzidkatecha" during mincha of Shabbat. [Note {of the Rem"a} -- and we make Havdalah at night during prayer, like all other Motza'ei Shabbat. {Notes of Mordechai, Halachot Tisha b'Av} And if one forgot to make havdalah, see Siman 294 subsection 3. And one should pray in tranquility, as mourners cry. And so we do in the reading of Eicha {notes of Mimuni [?]} and with all "Eicha"s one should lift up one's voice higher {Mahari"l}. And when the chazan reaches the verse "Hashiveinu", the congregation says it in a loud voice. And after that, the chazan concludes and returns and the congregation and chazan both say "Hashiveinu" in a loud voice. {Notes of Mimuni}]
On the night of Tisha b'Av [we pray ma'ariv and say Eicha and kinnot {notes of Mimuni and Mahari"l}] and after one says kinnot and Eicha one says Seder Kedusha [?] and concludes with v'Ata Kadosh, and if it falls on Saturday night, we do not say "Vayehi Noam" [Note {of the Rem"a} -- and we don't say "Lamenatzeach Bineginot" and not "Vayiten Lecha" (all within it). And we remove the curtain from in front of the ark to there, and follow his saying [?] {Minhagim}]...
The night of Tisha b'Av and its day, we sit in synagogue on the earth, until the afternoon prayer. [Note {of the Rem"a} and now we are accustomed to sit on stools immediately after we leave the synagoge in the morning, and continue with the kinnot until just before midday] And we do not light lamps at night, but with the light of one lamp we say kinnot and Eicha.
People don't say Tachanun [or slichot {notes of Ashiri}] on Tisa b'Av, and they don't fall on their faces, because it's called a festival [Lamentations 1:15]. [Note {of the Rem"a} -- and we read from the Torah "When you birth children" (Deuteronomy 4:25) and from the Haftorah in Jeremiah "I will make an end of them" (Jeremiah 8:13), and all the Kaddishim are said after Eicha until they go out tomorrow to the synagogue, and we don't say "Titkabal" and we don't say "God, slow to anger" {Tur Minhagim} or "Lamenatzeach {Minhagim} and not Pitom haKetoret {Mordechai} and there is no need to change one's place on Tisha b'Av].
At the time of kinot, it is forbidden to tell a thing or to go outside, since one should not separate one's heart/mind from mourning. And all of this is so that one should not be distracted with the idol-worshippers [??]. [And we are accustomed to say a short comfort after the kinnot, to a verse of comfort -- {notes of Mimuni}].
If there is a mourner in the city, they should go at night to synagogue and also in the daytime until they have finished the kinnot.
If there is a child to be circumcised, we circumcise him after we have finished kinnot. And there are those who delay the circumcision until after midday and bless blessings of circumcision without spices. (and the minhag is like the first thought). And if the child's mother is found in the place of circumcision, he should bless on the cup [of wine] and she should drink from it, and he(?) should hear the bracha and should not separate with words between hearing the bracha and drinking the wine. And if she is not there, he should bless on the cup and give children to taste from it.
The ba'al habrit dresses in other clothes, but not white ones. [Note {of the Rem"a} -- and the father of the child and the circumciser and the Sandek are all called ba'alei habrit {Beit Yosef} and it is permitted for them to dress in Shabbat clothes after they have completed the kinnot. And they come to circumcise the child, but they should not dress in white. {Mahari"l}]
Tisha b'Av that falls on Shabbat and is pushed off to Sunday, the ba'al habrit should pray mincha while there is still much remaining of the day. And he should wash and should not complete his fast, since it is his day of celebration.
We are accustomed not to slaughter animals, or prepare for any needs of a meal, until after chatzot. [Note {from the Rem"a} -- and we go to visit graves directly after synagogue {Beit Yosef in the name of Tosafot} and if it happens that someone dies on Tisha b'Av, we do not say "Righteous is the Judge" {Tashbe"tz}]
Siman 560
At the time when the Temple was destroyed, the sages of that generation decreed that one should not paint and mold one's house like the house of kings, but rather one should plaster one's house with mortar and whitewash it with lime. And one should leave a place, a square cubit in size, opposite the entrance, without whitewash. And if one acquires a painted and molded courtyard, this is permitted as it is already like that, and one is not obligated to peel away what is on the walls.
And similarly, they decreed that one who lays a table for guests should leave something missing and leave a place without a bowl (that would have been suitable to place there). And when someone makes ornaments/jewellery of silver or gold, they should leave one missing from the kinds of ornament which are customary, so the ornament should not be complete. And when the groom marries a woman, take ashes from burnt food and place them on his head, in the place where the Tefilin rest. Gloss: There are places where they are accustomed to breaking a cup during the wedding ceremony, or placing a black cloth or other such items of mourning on the head of the groom. And all these things are in order to remember Jerusalem, as it is said, "If I forget you, Jerusalem...if I do not raise up Jerusalem over the height [head] of my joyfulness..." [Psalm 137:5-6]
Similarly they decreed not to play [music] with instruments, and musical devices, and all things that make music to rejoice with them. There are those who say, [the prohibition is] specifically for those whom they regularly play them, like for kings who stand and rest to instruments or in the house of a feast. (Tur) It is forbidden to make them heard because of the destruction, and even song by mouth over wine is forbidden, as it says: "In song one may not drink wine" (Isiah 24:9). And all of Israel is already accustomed to saying words of praise or songs of thanks and remembering the goodnes of the holy one blessed be he over wine. Similarly for the need of a Mitzvah, like for house of a Groom and Bride, all this is permitted. (Tosefot, Smug, and Hagehot Maymoni)
And similarly, (the Sages) decreed on the crowns of grooms not to wear at all, and not dress the groom on his head with any wreath, as it says "Remove the turban and lift off the crown" (Ezekiel 23:31). And similarly it was decreed on the crown of a Bride if it is silver yet of thread is permissible. And this is specifically on a bride and groom, but other people, men and women, it was not decreed.
It is forbidden for a person to fill his mouth with laughter in this world.
Siman 561
1. The rule if one sees the Cities of Judah, Jerusalem, and the Mikdash (Temple) in their destruction, and in it is 5 paragraphs. One who sees the Cities of Judah in their destruction says "Your Holy Cities have become a desert" (Isaiah 64:9) and rends (one's clothes like in the laws of mourning). Parentheses (Rema): And one is not obligated to tear except when one reaches near to them like from Tzofim to Jerusalem [Bais Yosef]
2. One who sees Jerusalem in her destruction, says "Tzion is a desert, a desolation" (Isaiah 64:9) and rends (one's garments). And when one see the Bais HaMikdash says "Our holy Temple, our pride, Where our fathers praised You, Has been consumed by fire: And all that was dear to us is ruined." (Isaiah 64:10). And from where is one obligated to rend - from HaTzofim. And afterwards when he sees the the Mikdash, he rends another tearing. And all rendings are a tefach (handbreath). If one comes from the way of the desert that then he sees the Mikdash first. He rends on the Mikdash a tefach, and afterwards when he sees Jerusalem, he adds to the first rending a little bit.
3. If one rends on seeing one from the Cities of Judah, he does not go back and rend when seeing other Cities of Judah except Jerusalem, that he does go back and rend on it. On it, he does another rending by itself. And if he rends on Jerusalem first, it is not necessary to rend on the other Cities of Judah.
4. All these rendings are with his hand and standing. And he rends all the clothes he has on until it reveals his heart. And he does not (properly) connect these rendings forever but it is permissible to baste (loose stitching), to hem, to gather, or to sew like chain-stitches.
5. If one is going and coming to Jerusalem, going and coming, so if within 30 days, he does not rend another tearing. If after 30 days, he does back and rends. Parentheses (Rema): So is the law with the Cities of Judah and the Mikdash.
Siman 562
1. The Laws of Accepting a Fast, in 13 Sections. Every fast that does not last until sunset - that is, it is not completed until Tzeit HaKochavim, meaning that one can see three medium-sized stars or the moon shines strongly and illuminates the earth (Hagahot Ashiri, Chapter 1 of Taanit and Hagahot Maimonides, Chapter 1) - is not considered a fast. And if one intends to eat before then, one should not recite the 'Aneinu' prayer [in their Amidah]. Note (Rema): However, there is a custom to recite 'Aneinu' even if the fast is not completed until Tzeit HaKochavim, as is the opinion of some authorities (Terumat HaDeshen, section 157). It seems to me that this specifically applies to an individual who says 'Aneinu' in the 'Shomea Tefillah' blessing [in the Amidah], as anyway he can add to it as explained earlier in section 119. However, a prayer leader should not say 'Aneinu' unless the fast is completed, and this is the common practice.
2. There are those that say one who is used to fasting during the 10 days of Repentance since it is not normal to accept the fast in prayer (i.e. in the Mincha prior to the fast), it is not necessary to fast until Nightfall, rather when one leaves the Synagogue (i.e. after praying the evening service even if prayed prior to Nightfall). Note (Rema): And an individual would pray 'Aneinu' [Haagos Ashiri and Mordechai First Chapter of Taanis]. So to a Groom prays 'Aneinu' before entering into the Chuppah, and then is able to drink from Cup of Blessing (as a part of the wedding service) [Terumas Hadeshen Siman 157]. But one who fasts from the 17th of Tammuz until the 9th of Av, it is necessary to complete even if it is not necessary to accept, so with one who does not fast the whole 10 days of Repentance only fasting a day or days requires an acceptance and completion [Terumas HaDeshen Siman 146]. And it appears to me this is specifically with non-specificity (in the acceptance) but if one made a condition (when accepting the fast) not to complete, the allowance is in his hand, that it is no greater than other fasts.
3. An individual who accepts upon himself a fast with non-specificity on the Eve of Shabbos, he needs to fast until Nightfall, if he did not detail at the time of the acceptance of the fast (that the end would only be) until the Congregation completed their prayers (on Friday night). Parentheses (Rema): And also see prior in Siman 249.
4.
Siman 563
Siman 564
Siman 565
The individual says "Anenu" in the "Shomea Tefila" [blessing of the Amidah]. This is true both of an individual who has accepted an individual fast and an individual who is praying communally during a communal fast. The prayer leader who prays silently is the same as an individual in this respect and says it in "Shomea Tefila." Rem"a: He says it prior to "Because you hear..." He does not finish the prayer with "[Blessed are You, God] who listens during a time of trouble. Rather, when he gets to "for every period of trouble and strife," he finishes "because you hear..." (Beit Yosef in the name of the Tosafot). He should not change the form of the blessing. Even a person fasting individually should say "Respond to us on our fast day" (Rashb"a Siman 55).
If one forgot to say "Anenu," he does not repeat the amidah (see above in siman 244 section 4-5). If he remembers before moving his feet, he should say it without the final blessing ''(after the end of his Amidah).''
There are some who say that the individual only says "Anenu" in the afternoon prayer, lest he become faint [and need to break the fast] and it turn out that his prayer was a lie. However, the prayer leader should say it in the morning prayers during the repetition, because it is impossible that part of the congregation will not fast. On the four [official communal] fasts the individual should also say it in all of his prayers, because even if he becomes faint and eats, it still will make sense to say "Answer us on this fast day" because the Sages decreed a fast. Rem"a: The practice on all fasts is to only say it in the afternoon, except for the prayer leader who says it during the morning repetition.
It is good to say the supplications after the afternoon prayer that are after "God, guard...": "Master of the Universe, it is revealed and known to You that in the time that the Temple existed, a person would sin and bring a sacrifice, and he would only bring its suet and blood..."
The individual may not say the Thirteen Attributes in a prayerful manner, requesting mercy, because they are words of holiness [that require a minyan]. However, if he says them by merely reading them, he may say them. Rem"a: Similarly, the individual may not say Selichot or "And God passed..." (Mahari"l in the name of the Or Zarua).
One who fasts and publicizes himself to brag that he is fasting is punished.
Siman 566
On a communal fast, the leader says "Anenu" between the blessings for redemption and healing and finishes with "Blessed are You, God, who answers His people Israel at a time of troubles." (If he forgot, see above at the end of 119:4). We read "Moses sought the favor..." [Exodus 32:11] in the morning and afternoon prayers, whether it falls on Monday or Thursday or any other day. Rem"a: In the afternoon, we add the haftarah of "Seek out" ([Isaiah 55]) and in the morning there is no haftarah, except for on Tisha B'av. We read [in the afternoon] even if the fast is on Friday (Mahari"l). When fasting on Rosh Chodesh, we read the Rosh Chodesh reading in the morning and the fast day reading in the afternoon (Ra"n at the end of Chapter 1 of Ta'anit and Beit Yosef in the name of the Rokeach).
When the community declares a fast for some problem that they encounter, for the Monday-Thursday-Monday fasts after Passover and Sukkot that are done communally in Ashkenazi places, the early authorities have the practice that the leader says Anenu between the blessings for redemption and healing and they read "Moses sought the favor..." Rem"a: However, if a fast was set for Monday and Thursday, this does not supersede the regular reading of the parsha in the morning. Rather, in the mornig they read the normal parsha and in the afternoon, they read "Moses sought the favor..." The exception is the Monday-Thursday-Monday fasts that happen after Passover and Sukkot, on which we read "Moses sought the favor" in the morning and the evening. Such is the practice. [End of Rem"a] There are those who expressed dismay at this practice and challenged it. the Ros"h answered the change. Therefore, we follow the early authorities. However, in places where they declare a fast for no reason just in order to cause repentance, there are those who treat it like a communal fast with respect to Anenu between redemption and healing and the Torah reading and there are those who treat it like an individual fast, where even the leader only says Anenu during the "Listen to our prayers" section, and no Torah is read.
The leader only says "Anenu" as its only blessing if there are ten fasters in the synagogue. Even if there are ten fasters in the city, if there are not ten in the synagogue, he does not say it.
Some add penitential prayers in the blessing of "Forgive us," and there are those who do not say penitential prayers until the end of the Amidah. This is the practice of the early authorities in Israel, and it is the right practice.
On a communal fast, a prayer leader who is not fasting should not lead.
There are those who say that somebody not fasting should not read from the Torah and if the priest is not fasting, he should leave the synagogue and a non-priest who is fasting should read from the Torah.
On a public fast, two people should flank the leader, one on each side, and say penitential prayers with him.
All public fasts have priestly blessings at the afternoon prayer, except for Yom Kippur. Rem"a: In these parts, we only have the practice of doing the priestly blessings during the Musaf prayer of holidays, and this has already been explained in the laws of priestly blessings (Mordechai on Taanit and Hagahot Maimoni chapter 1).
Siman 567
One who is fasting can taste up to a revi'it, provided he spits it out. This is forbidden on Yom Kippur and Tisha B'Av. Rem"a: There are those who are stringent on all public fasts, and this is the practice (Tosafot, Hagahot Maimoni chapter 1, Trumat Hadeshen siman 158).
There are those who say that a revi'it is only permitted bit by bit and not all at once. And there are those who say that one can taste a revi'it even all at once if he knows that he will be able to prevent himself from swallowing anything.
Somebody who is accustomed to washing his mouth in the morning of a public fast is not acting properly. However, on a private fast, this is permitted provided he spits it out, even if the water he is rinsing with is more than a revi'it. Rem"a: It is permitted to chew and spit out cinnamon, other spices, or sweet wood in order to moisten the throat, except for on Yom Kippur when this is forbidden (Mordechai on Ta'anit and Hagahot Maimoni chapter 1).
Siman 568
If one takes a vow to fast on a certain day, and he then forgets and eats, he should still complete the fast. This applies to dream fasts, public fasts, or days that he knows to fast on like the day that his father or rabbi died. But if he vows to fast one or two days, and he forgets and eats a kezayit, he has "lost" his fast, and he must fast another day. (Rem"a: There are those who are stringent, saying that when he vowed to fast on a specific day, he is obligated to finish the fast but still must be stringent and fast another day (Trumat Hadeshen chapter 156)).
If one vows to fast for ten days, starting whenever he wants, and he was fasting on one of the days and needed to break the fast for a mitzvah or to honor a great man (Rem"a: or if he is in pain -Tur) he can "borrow and repay" his fast some other day, because the specific days were not set at the time of the vow. However, if he did not accept upon himself to fast some day and instead, in the afternoon prayer, he accepted a fast tomorrow, we think of this as "that fast," and he cannot borrow. Rem"a: This applies even more when he references an explicit day, i.e. if he says at the time of the vow, "I will fast on day x" or "I will fast on Monday and Thursday all year" or similar things (Trumat Hadeshen chapter 275 and Kol Bo). [End of Rem"a] He similarly cannot borrow if it is a fast for a dream. Rem"a: This applies even more to public fasts (Trumat Hadeshen chapter 156 and Kol Bo and Rabbeinu Yerucham). However, for the Monday-Thursday-Monday fasts that are done after Passover and Sukkot or even for the ten days of repentance, if a circumcision occurs, it is a mitzvah to eat and he need not dissolve the vow, as it is not the custom to fast in these circumstances. This only applies if the meal is there; however, if they send food to his home [following the festivity], he cannot eat. And [in such circumstances], if he accepted the fast in [yesterday's] afternoon prayer, he must fast. (Hagahot Maimoni chapter 1). There are those who say that if he is in great pain, he can redeem himself through payment, which is the rule for other cases of duress (the Ros"h in the name of the Raava"d and Rabbeinu Yerucham 55:1). This only applies when he accepted a fast; however, if he fasted it by way of a vow, he must fulfill his vow.
One who vows to fast a certain number of fasts can push them off until the winter (Rem"a: and can borrow a long day and pay back with a short day, because each one is considered a day (Piskei Mahara"i siman 60 and Hagahot Mordechai)).
There is one who says that fasting for two days and two nights consecutively is equal to forty non-consecutive fasts. Rem"a: There are those who say that for a weak person, two consecutive consecutive days if sufficient, but for a healthy person, three is necessary (Mahar"i Brynn's notes on customs). It seems to me that all of this applies only to somebody who must fast for forty non-consecutive days for repentance in order to cause himself pain. In those cases, we equate this pain to that pain, and that is why the later authorities discuss this. However, somebody who vows to fast forty days must fulfill his vow, because it isn't any weaker than saying "this day," where he cannot borrow and repay. Even those who hold that when he says "this day," he can borrow and repay, would concede here that he must fulfill his vow. This applies even more to the forty days before Yom Kippur when people fast in remembrance of Moses's ascent of the Mountain [Sinai]. One who has accepted these cannot repay them with two or three consecutive days.
One who fasts for a dream on a festival, Hol Hamoed, Rosh Hodesh, Hanukah, Purim, the day before Yom Kippur must fast [to repent] for his fast, just like one who fasts for a dream on Shabbat (and see above 288:4).
Public fasts in Babylonia are not observed in such a way as to prohibit work or to stop eating when it is still light. Only the Ninth of Av is observed this way. Therefore, if an individual accepts upon himself a fast, we do not worry that it is a public fast and he is permitted to do all of this. That said, it is best for him, at the time of the acceptance of the fast, to say "I will be in an individual fast before You tomorrow."
If the day that his father or mother died falls in Adar and the year is a leap year, he should fast in the second Adar. Rem"a: There are those who say that he should fast in the first [Adar] (Mahari"l and Mahar"i Mintz) unless [the parent] died in a leap year in the second Adar, in which case the practice is to fast in the second Adar (Trumat Hadeshen siman 295). It is the practice to fast in the first [Adar]. However, there are those who are stringent and fast in both (the rulings of Mahar"i in the name of Mahar"i Molin).
It is only necessary to fast on the day that one's father died and not on the day of burial.
If the day of the death of one's father occurs on Shabbat or Rosh Hodesh, [the fast] should be pushed to the following day. Rem"a: The practice is not this way. Rather, we do not fast at all. This is also true of other days that we do not say Tahanun on.
If one vowed to visit the graves of righteous people in some location, and he was delayed for a long time and later it happened that he was hired to go there, that trip counts.
If one vowed to fast for a set number of consecutive days and an obligatory fast occurred within that set of days, it counts.
One who is fasting, whether for his troubles or his dreams or whether he is fasting with the community for their troubles, he should not experience pleasure, nor should he act lightheartedly, nor should he be happy or in good moods. Rather, he should worry and mourn, following what is written "Of what should a living man complain?" ([Lamentations 3:39]).
Siman 569
Siman 570
Siman 571
Siman 572
Siman 573
Siman 574
1. (The Laws) that we give in matters of fasting the stringency of the place of those leaving and those coming to there, and in it is 5 paragraphs.One who is going from a place that is fasting to a place that is not fasting, and his intention is to return, he needs to fast the whole fast that was accepted upon him (via the members of the fasting city).
2. One who is going from a place that is not fasting to a place that is fasting, he should fast with them even if his intention is to return. However, since he did not accept upon him, if he leaves the city, outside of the Halachic Border, it is permitted to eat and it is not necessary to complete (the fast). Note (Rema): Specificially, if he came on the day of the fast, but if he came when it was still day (that is prior to the fast beginning), it is necessary to accept the fast upon himself and he needs to complete it [Tur]
3. If he forgot himself and ate and drank (on a day observed as a fast day in the place), he must not show himself before the public, nor must he indulge himself with delicacies, saying since I ate a little, I'll eat a lot. Parentheses (Rema): even not in front them, it is forbidden to accustom himself with delicacies [Mordechai, First Chapter of Taanis]
4. It is a mitzvah to famish oneself (i.e. eat little) in a year of famine, and it forbidden to have marital relations except for the Night of Immersion and one who lacks children explanation: to those who have been deprived of children it is allowed. Parentheses (Rema): See prior in Siman 240 Paragraph 12.
5. Anyone that separates from the community (in times of distress), he will not see its consolation, and anyone that grieves with them, he will merit and see it in its consolation.
Siman 575
Siman 576
Siman 577
Siman 578
Siman 579
Siman 580
1. The Days on Which We Fast, 3 Seifim:These are the days when troubles occurred for our forefathers, and it is worthy to fast on them. And even though some fall at the beginning of the month, there are those who say that we fast on them (and it is good not to complete a fast at the beginning of a month).
2. On the first on Nisan, the sons of Aaron died. On the tenth of it Miriam died and her well disappeared. On the twenty-sixth of it Joshua ben Nun died. On the twentieth of Iyyar, Eli the priest and two of his sons and the ark of God was captured. On the twenty sixth of it Samuel the prophet died. On the twenty-third of Sivan the offering of the first fruits in Jeruslem was cancelled during the days of Jereboam ben Nebat. On the twenty-fifth of it Rabban Shimon ben Gamliel and Rabbi Yishmael and Rabbi Hanina Deputy High Priest were killed. On the twenty-seventh of it Rabbi Hanina ben Teradion was burned to death and a Torah scroll with him. On the first of Av, Aaron the priest died. On the eighteenth of it, the eastern light was extinguished during the days of Ahaz. On the seventeenth of Elul those who slandered the land died. On the fifth of Tishri, twenty men of Israel were killed and Rabbi Akiba was imprisoned. On the seventh of it a decree was decreed against our ancestors that died by sword, hunger and plague because of the incident of the golden calf. On the seventh of Mar-Cheshvan, they blinded the eyes of Zedekiah and slaughtered his sons before his eyes. On the twenty-eighth of Kislev Jehoiakim burned the scroll that Baruch wrote dictated by Jeremiah. On the eighth of Tevet the Torah was written in Greek during the days of King Ptolemy and darkness was in the world for three days. On the ninth of it, it was not known who caused the trouble that happened on it. On the fifth of Shevat the elders who were in the days of Joshua died. On the twenty-third of it all of Israel gathered against the tribe of Benjamin on account of the concubine in Gibeah. On the seventh of Adar Moses, our Teacher, may peace be upon him, died. On the ninth of it Beit Hillel and Beit Shammai divided.
3. There are those that say that there is a decree to fast on every Monday and Thursday regarding the destruction of the Beis HaMikdash and on the Torah that was burned, and on the desecration of the Name, and in the future, Hashem will change these (days) into joy and happiness.
Siman 581
We have the custom to get up at the break of dawn to recite Selichot and tachanunim from Rosh Chodesh Elul until Yom Kippur. (Rema: The minhag of Ashkenazi Jews is not like that. Instead from Rosh Chodesh on we blow the Shofar after Shacharith, and there are some places where they also blow the Shofar after Arvit. We get up at dawn to recite Selichot from the Sunday before Rosh HaShanah on; and if Rosh HaShanah falls on a Monday or Tuesday, we begin reciting Selichot from Sunday the week before Rosh HaShanah. It is forbidden for a mourner to leave his house in order to hear the Selichot at the synagogue, except on the eve of Rosh HaShanah when we extend the Selichot. On that day, the mourner can go to synagogue (Piskei Mahar"i chapter 133). It is important to search for a prayer leader for Selichot and the Days of Awe who is most fit, one who is learned and does good deeds. He should be at least thirty and married. However, any Jew is kosher for this role, as long as he is liked by the community. If he took the role by force, we do not respond "Amen" to him. He has to be able to fulfill everybody's obligation. If he has an enemy (note: one who hates him) and intends not to fulfill his obligation, even those who like him do not fulfill their obligations (Hagahot and Minhagim Yeshanim). There are places where the person who leads Selichot leads all of that day's prayers (Kol Bo).
We have the custom to fast on the eve of Rosh Hashana (Rema: And those that are exacting (Hasidim) are accustomed to fast every one of the ten days. And such is correct to do. And all these fasts are not necessary to do, and they are not announced on Monday and Thursday, even the (fast of) the eve of Rosh Hashana. If there is a circumcision on the eve of Rosh Hashana, one may eat. And most people are accustomed to eat on the eve of Rosh Hashana before daybreak; because the non-Jews are accustomed to fast on the eve of their holidays.
There is no tachnun on the eve of Rosh Hashana, even though there was in slichot. (and the shofar is not blown on the eve of Rosh Hashana).
One bathes and cuts their hair on the eve of Rosh Hashana. (and there are those that are accustomed to immerse in a mikvah on the eve of Rosh Hashana on account of seminal emission. And there are places where there is a custom to go to the graves and to pray very much there and to give charity to poor people there.)
Siman 582
1. The Order of Prayers for the Ten Days of Repentance and Rosh HaShana. And in it is 9 paragraphs. In the Ten Days of Repentance (Asereh Yemei Teshuva) it is said The Holy King (HaMelech HaKadosh in the conclusion of the 3rd Blessing of Amidah) and The King of Judgment (HaMelech HaMishpat in the conclusion of the 11th Blessing of Amidah). If one made a mistake or even if one is uncertain (if one said or not), (the rule is as follows:) If it is with "HaMelech HaKadosh" he should go back to the beginning (of Amidah, that is repeat). If it is HaMelech HaMishpat if prior to uprooting his feet (that is prior to finishing the Amidah by taking steps back), he should go back to the Birchas Hasheveinu (the 11th Blessing which concludes HaMelech HaMishpat) and say from there and on according to the order. If he did not remember until he uprooted his feet [see before the end of Siman 117] he should got back to the beginning (i.e. repeat). [Also see Siman 118.]
2. If one said The Holy God (Ha-El HaKadosh, the usual conclusion to the 3rd blessing) and within a moment (that is the Halachic time of "Tok Kedai Dibbur" - the time it takes to say a short phrase) he remember and says The Holy King (HaMelech HaKadosh), he does not need to go return (the beginning). The same rule applies with The Holy Judge (HaMelech HaMishpat).
3. In the Shabbos between (R'H and Yom Kippur), at Maariv say in the Birchas Mein Sheva (the added benediction after the Silent Amidah which represents the different blessings of the Amidah in short form) The Holy King (HaMelech HaKadosh). Note (Rema): So to if Rosh HaShana was on Shabbos but the conclusion is Shabbos alone. And the same is if Yom Kippur was on Shabbos [Maharil and Minhagim]
4. There are those who have the custom to pray on Rosh HaShanah and on Yom Kippur while bowing; it is necessary for them to straighten up at the end of the blessings....
5. If one did not say "Zachreinu" "Remember Us"(the added benediction in the 1st Blessing of the Amidah) or "Mi Kamocha" "Who is like You" (in the 2nd blessing), one does not return to it. Note (Rema): Even if one did not uproot their feet yet, rather that the Blessing was completed [Terumas HaDeshen]. So to if one did not say "v'Kesuv" "And write" (in the 18th blessing) and "uvSefer" "and in the Book" also the rule is so (that you do not go back even if just concluded that Blessing itself) [Tur]
6. And in the Prayers (of Rosh HaShana) say "vTiten Lanu Es Yom HaZichron Hazeh" "And He gave to us this Day of Remembrance", and do not mention Rosh Chodesh.
7. If (Rosh HaShana) is during the week, say (in the Amidah) "Yom Truah Mikra Kodesh" "A Day of Blasting, a Holy Convocation". If (R'H) feel on Shabbos, say "Zichron Teruah" "a Reminder of Blasting".
8. We do not say "holidays for joy, pilgrimages and times for happiness" and we do not say "and grant for us...". During Mussaf, we do not say "we are unable to ascend and be seen before You." Instead, we say "we are unable to perform our obligations for You," (and we conclude the blessing with "Your word is truth etc." (Tur)).
9. Even though during the rest of the year we pray silently, on Rosh Hashanah we have the practice to play out loud. There is no concern about getting lost because everybody has a Machzor. Rem"a: It is the practice that everybody says to their fellow "May you be inscribed for a good year" (Tur).
Siman 583
(1) One should eat beans, leeks, beets, dates, and pumpkin. And as one eats the beans (rubiya), they say: God, may our merits increase (yirbu)! Eating leeks (karti), they say: God, may our enemies be wiped out (yekartu)! Eating dates (tamri), say: God, may our enemies disappear (yetamu)! Eating pumpkin (kra), say: God, may our judgement be ripped up (yikra) and may our merits be called out (yikrau) before You! RAMA: Some have a custom of eating a sweet apple in honey, and saying: May a sweet year be renewed on us! This is what we do. Some eat pomegranates, and say: may our merits be as many as pomegranate seeds! And we are accustomed to eat fatty meat and all sorts of sweets.
Eat a head of a lamb saying: Let us be as a head and not a tail. It is also a remembrance of the ram of Isaac. Rema: There are those who are careful not to eat nuts, as the word "egoz" in gematriah [is equal to the value of] chet (sin). They also cause a lot of excess saliva and phloem and cause abrogation of prayers. They also go to a river and say the verse: And Thou wilt cast all their sins into the depths of the sea (Micah 7:19). There are also those who do not sleep during Rosh Hashana during the day, and this is the correct thing to do.
Siman 584
We do not say hallel on Rosh HaShanah and also not on Yom Kippur. (Rema: Our custom is to say Avinu Malkenu according to the order, but if it falls on Shabbat we do not say it. And we lengthen the piyutim and prayers until noon.)
2. We take out two Torah scrolls. In the first one, we read five portions from "God attended Sarah" [Genesis 21:1] until "After these things" [Genesis 22:1]. If it is Shabbat, we read seven portions [from this selection]. The maftir reads from the second scroll from Pinchas, "In the seventh month..." [Numbers 29:1] and for the haftarah, "There was a man from Ramatayim" [1 Samuel 1:1] until "He will bring triumph to His annointed one" [1 Samuel 2:10]. Rem"a: Some places have the custom of calling up the shofar blower for one of the five aliyot to the Torah (Kol Bo).
3. We do not bring a sefer Torah to people confined in prison, even on Rosh haShanna and Yom Kippur (see above, end of siman 135).
We perform a circumcision between the reading of the Torah and blowing the shofar.
Siman 585
1. One must blow standing. Rema: And it is our custom to blow on the bimah in the place where we read [Torah].
2 Before one blows one makes the blessing "to hear the sound of the shofar" and makes the blessing "shehecheyanu." Rema: And there is no distinction between blessing for oneself or if one has already fulfilled [the obligation of blessing] and blesses to fulfill the obligation of others. Either way, the one blowing makes the two aforementioned blessings (based on Beit Yosef and Trumat HaDeshen). And one blows Tekiyah Shevarim Truah Tekiyah three times; and Tekiyah Shevarim Tekiyah three times; and Tekiyah Truah Tekiyah three times. Rema: And it's best to blow on the right side if possible to blow this way (Minhagim). And also to direct the shofar upwards as it is said "Raise up G-d with the shofar" (Rokeach and Maharil).
3. If he starts the blowing and is unable to finish, somebody else should finish. Even if there are three or four, the first's blessing is sufficient. This assumes that the latter blowers are there when the blessing is made. Even if the one who blesses is unable to blow at all, the second blower should blow with no blessing, and the first's will not be a wasted blessing.
4. Somebody who is not the prayer leader should blow the shofar so that he not get confused. If he is sure that he can return to his prayers, he is allowed to blow. Rem"a: The prayer leader is only forbidden from doing the blasts that are part of the prayers. But the blasts that are done sitting down — that is, those before Mussaf — are permitted for the prayer leader to do (Kol Bo). If the prayer leader does not do the sitting down blasts, it is proper for the one who does these to also do the ones during the prayers, because one who starts a mitzvah is told to finish it (Rambam and Orhot Hayim). It is the custom to read to the shofar blower the order of the blasts word by word so that he does not err, and this is a good practice.
5. One who is paid to blow the shofar on Rosh Hashanah or to lead services or do the translation on Shabbat and holidays will not see good things come of this salary.
Siman 586
The Shofar of Rosh Hashana should be from a ram, bent; under extreme circumstances, all shofars are kosher, whether straight or bent, however the mitzva is better fulfilled with a bent one rather than a straight one; the shofar of a cow may not be used; similarly the horns of most wild animals, as they are a bone and have no hollow inside, may not be used. (Similarly, the shofar of a non-kosher animal may not be used (Ra"n Chapter 3 Rosh Hashana).
2. If one steals a shofar and sounds it, they fulfill their obligation, even if the owners have not given up hope of finding it.
3. If one blows a shofar that is owned by a Jew and is an object of idol worship, they do not fulfill the mitzvah, as such use for idol worship is never nullified and it is as if the shofar has been crushed to a size too small to use. One should not blow a shofar owned by an idol worshipper that was an object of idol worship or was used in the worship of idols, but if one did blow such a shofar, they have fulfilled their obligation, as long as they did not intend to claim ownership of the shofar [by sounding it]. If one intended to claim ownership of the shofar, they have not fulfilled their obligation, as it is now an object of idol worship owned by a Jew. (There are those who are stringent and who regard even blowing a shofar [that is an object of idol worship] owned by an idol worshipper as fulfilling their obligation unless the shofar's status as an object of idol worship was nullified before the holiday (Mordechai). See 649:3)
4. Blowing the shofar made from an animal that was sacrificed for idol worship, even one owned by an idol worshipper, does not fulfill the obligation as [the idolatrous status of such a shofar] can never be nullified.
5. If someone takes a vow to not receive benefit from a [certain] shofar, if another person blows it, they fulfill their obligation. However, if he says its sounding is konam to me, he is forbidden to sound it, even to fulfill the obligation.
6. If its voice is very high or deep, it is still kosher, as all sounds are kosher with respect to shofars.
7. If it is punctured and not repaired, it is kosher even if its voice is altered. (That said, if there is another shofar, they should not use this one because there are those who object to sounding a punctured shofar (Kol Bo and the responsa of the Ros"h).) If it is patched with a material that is not the same as the shofar's material, even if it does not alter the voice after patching, as it returns to its original sound and even if the majority of the original material is present, it is not kosher. If it is patched with native material, the majority of it is intact, and the patched holes do not alter the sound voice, which returns to its original sound, it is kosher. If one of these three conditions is not met, it is not kosher. If it is an emergency situation where there is no other shofar available, it is kosher when patched with native material and the majority is intact, even if the voice does not return to its original sound. Similarly, it is kosher if it is patched with non-native material if the majority is intact and the voice returns to its original sound.
8. If there is a lengthwise crack, there is an opinion that if the crack is any length, it is not kosher, unless it is fastened with a string or thread and from the place of the fastening upward, in the direction of the mouth [of the shofar], there remains the minimum measurement for a shofar (Kol Bo). There is also the opinion that [it is only not kosher] if a majority is cracked, though in this case, if they glue it together, it is kosher, even using [non-native] glue. There is an opinion that it is not kosher unless they attach it using native material, by heating it in the fire until it softens and the two sides attach. If the crack traverses the whole shofar, even on one side, it is not kosher, even if they heat it in the fire and attach the sides of the crack.
9. If it cracks widthwise, if the crack traverses the minority of the shofar, it is kosher. If it traverses the majority of the shofar, it is not kosher, unless there exists from the crack to the mouth the minimum length for a shofar, which is four digits. When this much remains, it is kosher, even if [the crack] interferes with the sounding. There are those who are permissive when there remains this measurement even not in the direction of the mouth.
10. If one attached broken shofars to each other to make a shofar, it is not kosher, even if the fragment closest to the mouth is big enough to be a shofar.
11. If one added to a shofar at all, whether with native or non-native material, it is not kosher, even if it initially had the minimal size of a shofar.
12. If one inverted it, he has not fulfilled his obligation, whether he inverts it like one inverts a shirt, flipping the inside and the outside, or whether one leaves it as it was but widens the narrow side and narrows the wide side. Similarly, if one blows through the wide side, it is not kosher (Ra"n chapter 2 of Rosh Hashanah).
13. If it was long and one shortened it but the minimal length for blowing remains, it is kosher.
14. If it was scraped on the inside or the outside until it was as thin as its outer layer, it is kosher.
15. If instead of removing the bone [that fills the horn], one drilled it, it is kosher. However, if they removed the bone and made a shofar out of it by drilling into it, it is not kosher.
16. If one coated it with gold at the place where the mouth is placed, it is not kosher, but in a place that is not where the mouth is placed, it is kosher. If one coated the inside of it with gold, it is kosher. As to the outside, if its voice has been altered from its original sound, it is not kosher. Otherwise, it is kosher. Some interpret "where the mouth is placed" as referring to the inner side of the shofar, where the mouth is placed, with the outside being called "not where the mouth is placed," while some call the narrow side "where the mouth is placed," with "not where the mouth is placed" referring to the whole length of the shofar, from the narrow side to the wide side.
17. Those who draw colorful shapes on the shofar to make it pretty are not doing a good thing (though it is permitted to inscribe pretty drawings on the shofar itself (Beit Yosef)).
18. If one added gold to the width of the shofar on the wide side, adding [to its total length] at all, it is not kosher.
19. If one blew the shofar with space between his mouth and the shofar, it is not kosher.
20. If one placed one shofar inside another shofar, if the inner one protrudes from the outer one on both sides and he sounded the inner one, it is kosher. Rem"a: It seems to me that even if on the wide side it doesn't protrude and is merely even, because it protrudes at the side of the mouth and he blows on the inner one, he has fulfilled his obligation. This is how it seems to me and what the Ros"h appears to think. This assumes that placing it in the outer one does not alter its voice. Otherwise, it is not kosher.
21. We do not break the laws of Holidays for the Rosh Hashanah shofar, even something that is only rabbinically prohibited. How so? If there was a shofar at the top of a tree or across a river and there is no other shofar, one does not climb the tree or sail on the water. Having a non-Jew do these things is permissible, because that is a rabbinic prohibition on top of a rabbinic prohibition.(Meaning, the prohibition of telling a non-Jew to do an action [on a holiday] that is prohibited by the Torah is a rabbinically enacted prohibition to ensure resting [shevut] from telling non-Jews to do things, and when the action in question is itself a rabbinic prohibition, this is a rabbinic prohibition on top of a rabbinic prohibition [shevut d'shevut]) and when there is a commandment to do, the rabbis made no such decree (see 307).
22. If a non-Jew brought a shofar from outside of the techum, we sound it. It is also the case that if a non-Jew made a shofar on the holiday, it is permitted to sound it.
23. It is permitted to put water or wine in it to clean it, though not urine, even on weekdays, for reasons of respect.
Siman 587
Law of one who sounds the shofar in a pit, 3 Seifim: 1. If one sounds the shofar in a pit or cave, those standing in the pit or cave fulfill their obligations. Concerning those who stand outside, if they hear the sound of the shofar, they fulfill their obligation. If they hear the echo, they do not fulfill their obligation. Similarly, if one sounds the shofar into a large barrel or something similar, those who hear the sound of the shofar fulfill their obligation and those who hear the echo do not.
2. If one begins sounding the shofar in the pit and then ascends out of the pit and finishes the sounding, they fulfill their obligation, as everything that was heard, inside and out, was the sound of the shofar. Rem"a: The same applies to those who were in the pit at the beginning of the sounding (Gemara).
3. One who hears part of the soundings in a non-obligated fashion and part of it in an obligated fashion, or one who tells somebody unintentionally sounding a shofar "Intend to fulfill my obligation" who then proceeds to blow for the minimal length, neither of these fulfills their obligation. There are those who say that they fulfill their obligation if there is a minimal length of sounding in a state of obligation. Rem"a: The law is the same if one heard part of the sounding via echo, like if the blower was in a pit and the hearer was outside and in the middle of the sounding, the blower exited (Tur).
Siman 588
Time for sounding the shofar, and regarding this there are 5 paragraphs. 1. The time to sound the shofar is during the day, and not at night. The mitzvah is [binding] from the sunrise [netz hachamah, the sun is visible in the horizon] onwards. And if one sounded since dawn [when the sun has began to illuminate but is not yet visible] one has fulfilled the obligation. However, if one heard the shofar being sounded partly before dawn and partly after dawn, one has not fulfilled one's obligation. Note (Rema): And if there was the shiur (minimal halachic amount) of tekiah blasts in that what he heard in the day, see what was explained in Siman 597 Paragraph 3.
2. If one heard 9 teki'ot during 9 hours in the day, one has fulfilled one's obligation. And this is true even if there were 9 different people [blowing], and one heard a teki'ah from one, and a tru'ah from another, and a teki'ah from another, one has fulfilled. And some say specifically when there was not a break between them with a sound of the shofar that was not fit for that set (of blasts).
3. If one hears 9 teki'ot from 9 different people which were sounding the shofar at the same time, one has not fulfilled one's obligation, since there is no simple sound before and after it. Note (Rema): And if two are sounding as one all the order (of blasts), even if one is sounding with a biblical trumpet, one has fulfilled one's obligation as long as one's attention is turned to the shofar.
4. This one needed a simple blast at the beginning and this other needed a simple blast at the end, one teki'ah fulfills the obligation of them both.
5. If the holy day of Rosh Hashanah falls on Shabbat we do not sound the shofar. Note (Rema): and it is even forbidden to handle a shofar, unless if needed for itself (i.e. in an allowed Shabbos act like to carry water) or it’s place (i.e. on a chair that one wants to sit).
Siman 589
Who can sound the shofar, 9 Seifim: 1. Anyone not obligated in something cannot enable another to fulfil that obligation.
2. A deaf person, an imbecile and a minor are exempt [from the mitzva of Shofar]. And even if the deaf person is able to speak, the fact that he cannot hear means he has no obligation. RAMA: However, a dumb person is able to enable others to fulfil their obligation (Beit Yosef).
3. A woman is exempt [from the mitzva of shofar] as it is a positive time-bound mitzva.
4. An Androgynous enables others of their gender to fulfil their obligation, but a Tumtum is unable to do even this.
5. Someone who is part servant and part free can't even enable themselves to fulfil the obligation. They require a freeman to blow for them.
6. Even though women and exempt, they are permitted to blow. So too, even after a man fulfilled his obligation, he is still able to blow for their obligation. However, [in these cases,] they should not make the blessing, nor should he make the blessing for them. RAMA: And [our] custom is that women make blessings on positive time-bound mitzvot, so here too they would make the blessing for themselves. However, others should not bless for them if they have already fulfilled their obligation and are only blowing for the sake of women. However, if they are blowing [for women and] a man who is obligated, they make a blessing on his account, even though they already fulfilled their obligation, as has been explained in Chapter 585, subsection 2 in the first gloss.
7. If somebody swears off benefiting from his friend, that friend is permitted to sound a shofar for him to fulfill the obligation. This is only the case when he sounds the shofar unprompted to fulfill his obligation. But if the swearer says "Blow to fulfill my obligation," this is forbidden. Rem"a: If he says "His soundings are konam to me," it is always forbidden (Ra"n).
8. Someone who is engaged in blowing a shofar in order to practice doesn't fulfil his obligation. Similarly, someone who hears shofar from someone such a person doesn't fulfil his obligation. Similarly, someone who is blowing the shofar to make music and doesn't intend for the mitzva of blowing the shofar doesn't fulfil his obligation. If the listener intends to fulfil the mitzva but the blower doesn't have intent for him or if blower has intent for him but the listener does not; he doesn't fulfil his obligation until the two of them have intent, the listener and the blower.
9. If somebody blows the shofar with the intention of fulfilling the obligation of every listener, and somebody hears it and has the intention to fulfill their obligation, even if the blower is not intending for this specific person who hears his blasts and doesn't know them, they fulfill their obligation, given that he had the intention to fulfill the obligation of everybody who heard him. Therefore, if somebody was walking on the street or sitting at home and heard the communal blasts, they fulfill their obligation if they have the intention to fulfill their obligation because the communal blower has the intention to fulfill the members of the community's obligations.
Siman 590
The Proper Order of the Shofar Blasts and in it 9 paragraphs 1. How many Tekiahs is one obligated to hear on Rosh HaShana? Nine. (This is) because it says "Teruah" by Yovel and Rosh HaShana three times. And every Teruah has a straight (blast) before it and a straight (blast) after it. And from tradition (the Sages) learned that all Teruahs of the seventh month, whether on Rosh HaShana or Yom HaKippurim of Yovel, (are) nine Tekiahs. We blow on each of them TR"T, TR"T TR"T.
2. This Teruah that is said in the Torah, it is doubtful to us if it is the wail that we call Teruah or if it is what we call Shevarim or if they are both of them together. Therefore, in order to remove any doubt, one needs to blow TSR"T three times, TS"T three times and TR"T three times.
3. Some say that the length of a tekiah is the same as the length of a teruah, and the length of the teruah is that of three whimpers, meaning three minimal puffs called termuitin. According to this, it is necessary to take care not to elongate the shevarim to the length of three terumitin, lest it exit the category of shevarim to tekiah. Some say not to worry about elongating the shevarim a bit as long as it is not too long, and that is how we practice (Mordechai and Hagahot Asheri chapter 19). The tekiah of tekiah-shevarim-teruah-tekiah should be longer than that of tekiah-shevarim-tekiah and that of tekiah-shevarim-tekiah should be longer than that of tekiah-teruah-tekiah. However, if one elongates each tekiah, there is no problem, as it has no maximal limit. Similarly, teruah can be lengthened as much as desired. Similarly, if one adds to the three [notes] of the shevarim and does four or five, it is fine. There are those who say that the length of a whimper is three terumitin and the length of a teruah is three whimpers, which is nine terumitin, and the length of a tekiah is also nine terumitin like the teruah. According to this, there is no concern about elongating the shevarim a bit, and the tekiah of tekiah-shevarim-teruah-tekiah must be twelve terumitin long. One who does not elongate the tekiah to this measure and elongates the shevarim has not satisfied either opinion.
4. The three [blasts] of shevarim need to be done in one breath. Some say that the three blasts of shevarim and the teruah of tekiah-shevarim-teruah-tekiah need not be done in one breath as long as the break is not more than the time to breathe. some say that they do need to be done in one breath. One who fears Heaven will follow both opinions, doing the sitting blasts with one breath and the standing blasts with two breaths. Rem"a: The widespread custom is to do everything with two breaths, and this should not be changed.
5. If one did tekiah-teruah-tekiah in one breath, he has fulfilled the obligation. There is an opinion that he has not fulfilled the obligation.
6. If one extended the final tekiah of tekiah-shevarim-teruah-tekiah to the length of two tekiah so that it would count for the final tekiah of tekiah-shevarim-teruah-tekiah and the first of tekiah-shevarim-tekiah, it only counts for one tekiah. Some say that it doesn't even count for one. Rem"a: If one blasted one tekiah between the two sets on the condition that it count for the set that is the [absolute] correct set, it counts (Beit Yosef).
7. If one erred in tekiah-shevarim-teruah-tekiah and after sounding two of the shevarim blasts, he began the teruah, if he realizes immediately he should sound an additional shevarim blast. If he does not realize until he finishes the teruah that he mistakenly began, the first tekiah still counts, and he should repeat the three shevarim and teruah and tekiah. If this happened in tekiah-shevarim-tekiah or tekiah-teruah-tekiah, the first tekiah does not count.
8. If one [inappropriately] inserted a teruah between tekiah and shevarim or inserted a shevarim between teruah and tekiah or if one did two teruahs consecutively or if one did a tekiah after a teruah without intention of doing a tekiah and thus interrupted the flow from teruah to tekiah or if sounded three shevarim blasts was silent and then did three additional shevarim blasts or even one, in all of these cases it is considered an interruption and even the initial tekiah does not count.
9. If one did two tekiah-shevarim-teruah-tekiah or two tekiah-shevarim-tekiah or two tekiah-teruah-tekiah appropriately and erred on the third, he only needs to return to the place of error. If one blew into the wide side of the shofar, they have not fulfilled their obligation. Rem"a: After the blasts, the leader says the verse "Happy is the nation that knows blasts" [Psalms 89:16] and "Happy..." [Psalms 145] and they return the Torah scroll.
Siman 591
1. The Order of the Individual Prayer of Mussaf, and it is 8 paragraphs. The congregation prays in silence the Mussaf prayer of 9 blessings. And the Shaliach Tzibur (Prayer Leader) also prays with them in silence.
2. The widespread custom in all of the Houses of Sefard is that we do not mention the verse of the Mussaf Sacrifice at all. Note (Rema): And the widespread custom in Ashkenaz and in the surrounding areas is to say the verse of the Mussaf of Rosh HaShana, yet we do not say the verse of the Mussaf of Rosh Chodesh except "besides for the Olah of the Chodesh, and the Olah of the Daily Offering, and its Mincha etc. and two he goats for atonement, and the two daily burnt-offerings according to their law[Tur]. And we say also "the Mussaf of the Day of Remberance (Yom HaZikaron) [Ran end of Rosh HaShana and R' Yerucham and Kol Bo].
3. It is necessary to say (the word) "es" (prior to) "Mussaf of Yom HaZikaron" in order to include also Mussaf of Rosh Chodesh. Also on the 2nd day, we "es Musafei..."
4. We say 10 verses of Kingship, 10 of Remembrance, and 10 of Shofaros. In each blessing 3 from the Torah, 3 from the Writings, and 3 from the Prophets, and (then) one of the Torah. If one wants to add on these 10, it is permissible. Note (Rema): However, if one did not start any verse, only saying "and in your Torah it is written, saying", one has fulfilled their obligation.
5. We do not say a verse in the Kingship nor the Remembrance nor the Shofaros of the punishments of Israel. And we do not say verse of rememberance of an individual.
6. There are those that protest that which we are accustomed to conclude the verse of Shofaros with the verse "And on your joyous occasions" (Bamidar 10:10) due to that it does not mention a Shofar, rather a trumpet (Chatzoros). Yet the Rosh and the Ran write to maintain the custom.
7. "The Binding of Isaac today, on behalf of his descendants, may you remember it" is the known version. And those who are exacting who say "to the descendants of Yaakov remember it" are changing the form that the Sages established in the blessing, and it is but a mistake. Note (Rema): And we say "Aleinu" (paragraph beginning עָלֵֽינוּ לְשַׁבֵּֽחַ לַאֲדוֹן הַכֹּל It is our obligation to praise the Master of All etc.) and "Meloch" (Paragraph beginning אֱלֹהֵֽינוּ וֵאלֹהֵי אֲבוֹתֵֽינוּ. מְלוֹךְ עַל כָּל הָעוֹלָם God and God of our Forefather, Reign on all the world etc.) And the Prayer Leader (Shaliach Tzibur) adds "Ohchkila" (Paragraph beginning אוֹחִֽילָה לָאֵל I hope in Almighty) and other Piyyutim (Poems or acrostics). Every place according to its custom ['Tur]
8. One praying alone should not pray the Mussaf Prayer on Rosh HaShana until after 3 hours of the day.
Siman 592
1. The Mussaf Prayer (said) in a loud voice and the order of the Shofar Blasts, and in it is 4 paragraphs. The Chazan repeats the (silent) prayer. And we blow on the order of the blessings: for Kings TSR"T once, for Remembrances TS"T and for Shofars TR"T. And now we have the custom to blow for Kings TSR"T three times, for Remembrances TS"T three times and for Shofars TR"T three times. Note (Rema): And there are that say we blow TSR"T for Kings once and also for Remembrances and also for Shofros [Tur quoting Rabbeinu Tam and Minhagim]. And so is the custom in these provinces. Also, it is a custom to say every time after that Tokea blasted (the prayers) "HaYom Haras Olam" (paragraph starting הַיּוֹם הֲרַת עוֹלָם On this day the world came into being etc.) and "Ereshes" (paragraph starting אֲרֶֽשֶׁת שְׂפָתֵֽינוּ May the utterance of our lips etc.) [Maharil] even on Shabbos when we do not blast, we say "HaYom Haras" but not "Ereshes" [Minhagim]
2. An individual (i.e. individual praying without a minyan) does not interrupt to blow shofar in the blessings (of the Mussaf Prayer) and even if there is one to blow for him. Note (Rema): Rather we blow Shofar for him before he prays Mussaf, and we do not need to blow for him a 2nd time [Kol Bo and Bais Yosef in the name of Archos Chayim].
3. One should not talk, not the Tokea nor the congregation, between the 'Sitting Shofar Blasts' (said prior to the Mussaf Prayer) to the 'Standing Shofar Blasts' (said within the Mussaf Prayer). Parentheses (Rema): However in regard to the Shofar Blasts and the Prayers, it is not an interruption [Mordechai and Maharil]. If one did talk empty words (i.e. unrelated to the prayers etc.) it is not necessary to go back and make a blessing (on the Shofar) [Tur]. And it is not necessary to say (i.e. it goes without saying) that one should not talk between the blessing (of the Shofar) to the blast itself if not in regard to the Shofar Blasts.
4. This one who blew the Shofar when they (the congregation) were sitting (that is the blasts prior to the Musaf Prayer), blows the shofar on the order of the blessings (that is within the Musaf Prayer). Note (Rema): However, it is not a prerequisite, and another is able to blow shofar. Rather that it (i.e. what the Mechaber said) is fitting to do so. Already I have written earlier in Chapter 585.
Siman 593
1. If the blessings and shofar blasts are a requirement for each other. And in it is 2 paragraphs. The blessings (in the Shemoneh Esrei) of Rosh HaShana and Yom Kippur are required for each other. So that if one does not know all, he should not say what he knows; rather, he should say at all.
2. Similarly, the shofar blasts (tekiyos) are required for each other. When are these words (true), when he does not know part of the mnemonic sign (i.e. the whole TSR"T), he should not do the part he knows. But the TSR"T, TS"T, and TR"T are not prerequisites for each other, if one knows one or two of them, he should do. Note (Rema): But the Blessings are not prerequisites for the Tekiyos, nor the Tekiyos prerequisites of the Blessings. Whichever he knows, he should do [Tur], so to the order is not a requirement [Ran end of tractate Rosh HaShana]; therefore, if one prays before that he blows, he has fulfilled (his obligation).
Siman 594
1. An individual that did not pray, his friend cannot fulfill (for him). And in it is one paragraph. An individual that does not blow shofar, his friend is able to to blow for him to fulfill his obligation. But an individual that did not pray the 9 blessings (of the Rosh HaShana Musaf Prayer), his friend is unable to fulfill (for him). Note (Rema): There are those that argue, and say that if one is not able to pray, then his friend is able to fulfill for him with his (the friend's) prayer [Ran end of tractate Rosh HaShana, Mordechai, and Haagos Ashiri end of the first chapter of Rosh HaShana].
Siman 595
One who is not an expert in shofar blasts (Tekiyos) nor in the (Rosh HaShana) Prayers. And in it is one paragraph One who is not an expert in neither the Tekiyos nor the order of the Musaf Prayer, and before him is two cities. In one, experts in the Tekiyos but not the Musaf Prayer. And in one, experts in the Musaf Prayer but not the Tekiyos. He should go to the place that has experts in the Tekiyos even if the Musaf is for certain (i.e. their expertise), and Tekiyos is a question (i.e. in their expertise). Note (Rema): However, if he is able to go to one place that prays, and there are hours in the day to hear afterward the Tekiyos in the place that shofar blasts, he should fulfill two mitzvos, because the whole day is fitting for shofar blasting [Bais Yosef in the name of the Talmud Yerushalmi].
Siman 596
Untitled and in it is one paragraph. After the (Musaf) Prayer, we trumpet a big teruah blast without a tekiah blast. Note (Rema): There are places that we are accustomed to go back (after the Musaf Prayer) and blast 30 sounds [Minhagim Yishaynim] and after one fulfills these, further there is not to blow more for no reason. But a minor, even one who has reached the Halachic age of maturity, it is allowed to say to him that he should blow the shofar [The Maggid Chapter 2 from the Laws of Shofar]. And it is permitted (for a minor) to blow shofar all day [Or Zarua of Rosh HaShana].
Siman 597
1. If it is permitted to fast on Rosh HaShana, and in it is 3 paragraphs. One eats, drinks and is merry [on Rosh Hashanah.] We do not fast, whether on Rosh Hashanah, nor on Shabbos Shuva (the Shabbos of Repentance which is between R'H and Yom Kippur). However, people should not eat to complete satiation, so that they do not reach light-headedness, and that the fear of God should remain on them.
2. There are places that have an accepted tradition that all whose routine is to fast on Rosh HaShana, and change their routine, and do not fast. They do not complete their year. Note (Rema): One who does not fear for his soul, it is not necessary to fast all his days [Kol Bo and Minhagim] only he needs to get a Halachic cancellation like with other vows [Kol Bo].
3. One who fasts once on Rosh HaShana a Fast of Dreams (Taanis Cholom, a fast due to a certain type of dream the night before). If it is the first day (of R'H) he needs to fast the two days his whole life. If it is on the 2nd day, he fast his whole life the 2nd day alone. Note (Rema): It is not necessary to duplicate his fast for his fast (i.e. like a Taanis Cholom on Shabbos or a Holiday where one must do a makeup fast due to their having fasted on a usually non-allowed fast day) because behold there are those that say it is mitzvah to fast on Rosh HaShana [Terumas HaDeshen Siman 245]. And he does not say the Aneinu prayer (said on other fast days) on Rosh HaShana just like we do not say on Yom Kippur (despite fasting) [Haagos Minhagim].
Siman 598
Untitled and in it is one paragraph. When Rosh HaShanah falls on Shabbat we say Tzidkatkhah at mincha. Note (Rema): And there are those who say we do not say it [Ran end of Tractate Rosh HaShana and Minhagim], and this is our custom.
Siman 599
When the night of Rosh HaShanah falls on Motza'e Shabbat, we say "Toda'inu."
Siman 600
1. An egg that is laid on Rosh HaShana and the Laws of the Kiddush (of Rosh HaShana), and in it is 3 paragraphs An egg that is laid on the first day of Yom Tov, and similarly what is trapped on it (i.e. a trap set prior to R'H catches something the 1st day), and that which was detached on it (i.e. fruit from a tree detached on the 1st day etc.) is forbidden on the 2nd day (as well). Note (Rema): And it has already been explained earlier in Siman 513 Paragraph 5 and Siman 515.
2. During Kiddush on the 2nd night (of R'H) wear a new garment [Haagos Maimoni Chapter 29 from the Laws of Shabbos] or place a new fruit, and say the blessing of Sheychianu. Yet, if there is not found a new garment or a new fruit, nonetheless, say Sheychianu.
3. If the 1st day (of R'H) falls on Shabbos, we say Sheychianu on the Shofar during the 2nd day (as the first day it is forbidden to blow). Note (Rema): Yet, there are those that say to say (the Sheychianu blessing on the 2nd day) even if the 1st day is on a weekday (and the shofar already was blown). So is the custom in our countries [Haagos Maimoni, Laws of the Shofar].
Siman 601
1. The order of the 2nd day of Rosh HaShana and in it is 2 paragraphs On the 2nd day we pray like the 1st day [Tur] and we read from "And God tested Abraham" (Bereshis 22:1) until the end of the portion (Bereshis 22:24). The Maftir reading is the same as yesterday. And the Haftarah is in Yirmiyah (Jeremiah) "Thus Spoke Hashem: (the Nation) found favor in the desert" (Jeremiah 31:2) until "The son, precious to me, is Efrayim" (Jeremiah 31:20). On Motzei Rosh HaShana, we make Havdala like on Motzei Shabbos; however, we do not make a blessing on the spices or on the flame.
2. Even in the Land of Israel, we make Rosh HaShana two days.
Siman 602
1. The order of the esrei yemei teshuva (ten days of repentenance), and in it is 1 paragraph. Note (Rema) We fast (Tzom Gedaliah) the day following Rosh HaShana [Tur] and it is a Public Fast. Everyday between Rosh HaShana to Yom Kippur, we increase prayers and supplications. Note (Rema): And we say Avinu Malkeinu (prayer starting 'Our Father Our King') every evening and every morning except for Shabbos [Tur]. And even if there is a (bris) milah, so that we do not say Tachanun, even so we say Avinu Malkeinu [Minhagim.] And we say each day 3 times Vidui (Admittance prayer enumerating sins - starting Ashamnu etc.) before daybreak except for the eve of Yom Kippur, that we do not say it (Vidui) except one time [Rokeach.] And we do not place (anyone) into Cherem (excommunication), and we do not have a person swear (in a legal proceeding) in Bais Din until after Yom Kippur [Maharil.] And we do not sanctify the New Moon (kiddush levana) until Motzei Yom Kippur. And the Shabbos between Rosh and Yom Kipper the custom is to say Tzidkatkhah (by Mincha).
Siman 603
Even if one whom is not careful regarding non-Jewish bread [during the year], should be careful (during the ten days.) Note (Rema): And there is to every person to search and inspect in their deeds and return from them in t'shuvah (repentance) during the (Ten) Days of T'shuvah. And a doubtful aveira (sin) needs more repentance from a certain aveira, because one that knows regrets more than one who does not know (which is the case when one is unsure). And therefore the Conditional Asham Offering (Korban Asham Taluy - brought for certain sins possibly done via negligence) needs to be more valuable than a Guilt Offering (Korban Chatas - brought for sins knowingly done via negligence) [Rema's own thoughts and Rabbeinu Yonah, beginning of Brachos.]
Siman 604
“The order of the Eve of Yom Kippur (the Day of Atonement)” - Containing two paragraphs.
It is a commandment to eat on the Eve of Yom Kippur and to increase (one’s eating) at the meal.
Hagah: It is forbidden to fast on it (the Eve of Yom Kippur), even a dream fast (due to a nightmare), (מהרי״ל). And if one vows to fast on it, see above (in the Shulḥan Arukh, Oraḥ Ḥayyim), chapter 570, paragraph 2.
They do not “prostrate themselves” (i.e., they do not say the taḥanun prayers) on the Eve of Yom Kippur.
Hagah: They also do not say “למנצח” and “מזמור לתודה”, (מנהגים). Also they do not say before dawn many “seliḥot” (prayers of forgiveness), but there are places where it is customary to increase seliḥot. All (this should be done) according to the (local) custom. But concerning the matter of the saying of “אבינו מלכנו”, (Our Father, our King”), on the Eve of Yom Kippur, there is a disagreement among the aḥronim, (later scholars). The custom in my city is not to say it unless Yom Kippur falls on Shabbat; since we do not say on the Shabbat “אבינו מלכנו”, therefore we say it in the Shaḥarit (Morning Prayers) on the Eve of Yom Kippur.
Siman 605
“The custom of “kapprot” (atonement ceremony) on the Eve of Yom Kippur” - Containing one paragraph.
The custom regarding the “kapparah” (atonement ceremony) on the Eve of Yom Kippur by slaughtering a rooster for each male and to say biblical verses over it should be stopped.
Hagah: There are some geonim who listed this custom (as a proper custom) and likewise many of the aḥronim listed it thusly. And likewise it is the custom in all these lands,. and it is not to be changed because it is a custom of the pious. It is customary to take a rooster for each male, and for each female (to) take a hen, (בית יוסף בשם תשב״ץ). For a pregnant woman to take two roosters for the possibility she might give birth to a male (infant). The (custom is to) chose white roosters since it says “though your sins be as scarlet they shall be as white as snow,” (Isaiah 1:18). It was customary to give the atonement chickens to the poor or to redeem them (replace them) with charity money which is given to the poor (for sustenance), (מהרי״ל). There are places where it is customary to visit the graves and to increase (the giving of) charity which is all a beautiful custom. It is necessary to slaughter the atonement chickens immediately after completing the ceremony and laying one’s hands on it like (it was done with) the Sacrifice; and they (it is customary) throw their intestines on the roofs or in a courtyard, a place from where fowls are able to take (the intestines of the slaughtered chickens), (טור).
Siman 606
“A man should appease his friend (i.e., a person whom he wronged) on the Eve of Yom Kippur” - Containing four paragraphs.
Yom Kippur does not atone for sins between a man and his comrad (fellow-man) until he conciliates him. Even if he angered him only in words, he is required to appease him (his fellow-man). And if at first he is not pacified, he (must) return and go to him a second and third time. Each time he should take three men with him, and if on the third time he does not become reconciled he (no longer) is obligated to him, (nevertheless afterwards he should say before ten (people) that he did request forgiveness from him), (מרדכי דיומא ומהרי״ל). If he (i.e., the person who was wronged) was his teacher, he must go to him many times until he becomes appeased.
Hagah: The person to forgive should not be cruel by refusing forgiveness (to the one seeking forgiveness), (מהרי״ל), unless his intent is for the good of the one requesting forgiveness, (גמרא דיומא). But if one caused him (the wronged person) a bad name, there is no necessity in forgiving him, (מרדכי וסמ״ק והגה״מ פ״ב מהלכות תשובה ומהרי״ו).
If a man against whom he sinned died, (the man who sinned) brings ten people and let them stand on his (the dead man’s) grave and he (the sinner) says, “I have sinned against the God of Israel, and against this “person” who I sinned against him,” (and it was customary to seek forgiveness on the Eve of Yom Kippur), (מרדכי דיומא).
Early rabbinic authorities decreed, coupled with “חרם”, ban, that the living should not slander the dead.
One may immerse (inaritual bath) and accept lashes (to effect atonement) whenever desired provided that it is before nightfall, but one does not bless over the immersion.
Hagah: One needs to immerse one time without a confession because of pollution (urinary emmission). The same holds true if one pours nine kavs of water (upon himself), (if the immersion pains him, (מגן אברהם),), this is also effective, (מהרי״ו וכל בו ותשב״צ). One who incurs a death between Rosh HaShanah and Yom Kippur, it is permissible to wash and to immerse on the Eve of Yom Kippur because Yom Kippur cancels the “shiva”, (the seven day mourning period), (מהרי״ל, הלכות שמחות). Even though it is customary not to wash (bath) during the entire “sheloshim”, (thirty day mourning period), a commanded immersion is permitted, (דעת עצמו).
Siman 607
“The order of confession (of sins) during Minḥah (the Afternoon Prayer) on the Eve of Yom Kippur” - Containing six paragraphs.
One needs to confess during Minḥah (the Afternoon Prayer) before the (last) meal before fasting.
Hagah: If one is alone he says it (the confessional) after he finished his Silent Prayer, but the public reader says his (confessional) on Yom Kippur during the Silent Prayer, (טור).
There is no need to itemize (to detail) (the description of) the sin, but if one wants to detail it he has the permission to do so, but if one confesses silently (i.e., just moving one’s lips but not speaking audibly), it is appropriate to detail the sin.
Hagah: But when one prays outloud or the reader, when he repeats the prayer, they do not detail the sin. But saying the prayer “על חטא” in alphabetical order, is not called itemizing (detailing) since everyone says it equally, therefore it is only like a text of a prayer, (ד״ע).
One has to confess standing up and even if one (the confessor) hears it from the reader and he has already confessed, he still must stand.
Hagah: And one should again confess with the reader, (ר״ן פ״ב דר״ה); the essence of the confession is “but we sinned”, (טור).
Sins that were confessed about on the past Yom Kippur and one did not repeat them, nonetheless he may again confess them.
During the Minḥah Prayer on the Eve of Yom Kippur one does not conclude the Prayer with a confession after it.
Hagah: The reader does not repeat the confession during the Minḥah Prayer, rather he prays the Amidah like on the rest of the days of the year, (טור, ומרדכי). and does not say the prayer “אבינו מלכנו”, (see the end of chapter 614), and all the moreso not the prayers of supplication (taḥanun).
The entire congregation (every Jewish member of the community) receives forty lashes after the Minḥah Prayer, for because of it he will take to heart to turn away (and repent) from his transgressions.
Hagah: It was customary that the one being flogged say the confessions, vidduim, at the time that he was flogged, and that the flogger say, “And He (God) pities and will atone sins…” (Psalms 78:38), three times which equals thirty-nine words corresponding to the thirty-nine lashes, (this is a custom). And it is customary to whip with a little strap because this (flogging) is merely a remembrance to the genuine flogging. One should take a strap of calfskin, corresponding to the Biblical verse, “the ox knows his owner and the ass his master’s crib,” (Isaiah 1:3), (כל בו), The one who is flogged shall not stand nor shall he sit, but he should be in a slanting position, (מנהגים), with his face to the north and his rear should be to the south, (מהרי״ל). Yom Kippur only atones for the repenters who believe in its (Yom Kippur’s) atonement. However, one who despises it and thinks to himself, “how can this Yom Kippur help me,” Yom Kippur does not atone for him, (רמב״ם פ״ג מהלכות שגגות).
Siman 608
“The order of the meal prior to the beginning of the fast” - Containing four paragraphs.
One eats and stops eating before dusk because one must add “from the profane to the holy”, (i.e., from the weekday to Yom Kippur). And this addition has no specific time limit. But before dusk, the length of time which is one thousand, five hundred “seconds” prior to nightfall, one has to add from the profane (i.e., from the weekday) to the holy (i.e., Yom Kippur) either a little time or more time.
Women who eat and drink until it is dark, and they do not know that it is a good deed (mitzvah) to add “from the profane to the holy” should not be objected to doing so, so that they should not do it (later) presumptuously (defiantly).
Hagah: The same is the rule in every forbidden thing, we say that it is better that they (the people) do it (the wrong thing) inadvertently rather than doing it presumptuously. But this is so only when the law in question is not explicitly stated in the Torah, even though it is a toraitic law. But if it is explicitly stated in the Torah, than they (the people) object (try to prevent) the person who wants to transgress, (ר״ן פדק ד‘ דביצה והרא״ש בשם העיטור). But if one knows that his words would not be listened to he should not say publically that they (the women) should be admonished except once. But he should not increase the admonishing since he knows that they (the women) will not listen to him. However, in private a man is obligated to admonish him (the transgressor) until this transgressor beats him (the admonisher) or curses him, (ר״ן ס״פ הבע״י).
If one stops eating while still much of the day is left, one is able to go back and to eat at any time as long as he has not accepted upon himself the fast.
Hagah: See above, chapter 653 if he accepted the fast in his own heart, this is not (a legally valid acceptance) (without pronouncing the words publically).
On the Eve of Yom Kippur one only is to eat light foods that are easily digestable, so that one will not be satiated and feel well satisfied during prayer.
Hagah: And likewise one must not eat things that heat (stimulate) the body so that one does not come to an accidental emission, and thus one should not eat dairy food because it increases the semen, but for breakfast it is customary to eat (dairy products,) (מהרי״ל).
Siman 609
“Keeping food warm on the Eve of Yom Kippur” - Containing one paragraph.
It is permitted to keep food warm from the Eve of Yom Kippur until the end of Yom Kippur.
Hagah: There are those who say that one is not to keep food warm on Yom Kippur (see in the Tur, טור), and so it is the custom in these lands, (מהרי״ל).
Siman 610
“The kindling of lights (lamps) on Yom Kippur” - Containing four paragraphs.
In a place where it is customary to kindle a light on the night of Yom Kippur, one does so; in a place where it is not customary to kindle a light, one does not do so. (If there is a lamp in the house one is obligated to kindle a light also in the room where he sleeps so that he does not due to over-stimulation have relations with his wife, since he sees her in the light (i.e., illuminating) of the house, (מהרי״ל), (Marital relations must take place in total darkness). But if it (Yom Kippur) falls on the Sabbath, all are obligated to kindle lights (for the Sabbath).
Hagah: And one blesses (finishes the blessing over the candles with) “to light the candle of Shabbat and Yom Kippur.”
There is one who says that one blesses over the kindling of the light of Yom Kippur.
Hagah: And this is the custom in these lands.
In every place we kindle lights in the synagogues and in the houses of study, in dark alleys and for the sick.
It is customary in all places to increase the (number of) lights in the synagogues and to spread nice cloths (i.e., carpets, curtains) in the synagogue.
Hagah: It is customary to kindle a light for every man whether he is old or young, (a great (important) or a small (unimportant) man), (מרדכי דמהרי״ו), and also a memorial light for his deceased father and mother, (כל בו). And this is proper and thusly wrote some rabbis. If these lights went out on Yom Kippur, one should not say to a Gentile that he should relight them again, (מהרי״ל). One whose light goes out on Yom Kippur should rekindle it after Yom Kippur and he should not extinguish it again, but rather leave it lighted until its completion. And also he should accept upon himself that all (the rest) of his days he should not extinguish his light on Yom Kippur, neither he nor someone else (so it is found in an old collection of customs). There are those who say that (it is proper) to set (cover) nicely the tables on Yom Kippur like (they are covered) on the Sabbath (מרדכי ומנהגים), and so is the custom. There are those who wrote that it is customary to dress in clean, white clothes on Yom Kippur, analogous to the ministering angels, and likewise it is customary to wear a kittel which is white and clean, and it is also the clothing of the dead (the shroud), and therefore the heart of a man is humbled and broken, (ד״ע מהגהות מיימוני פ״ז דשביתת עשור).
Siman 611
“That the night of Yom Kippur has the same laws as the day” - Containing two paragraphs.
On Yom Kippur, its night is the same as its day in all matters; and what are its forbidden things on it: working, eating, drinking, washing, annointing, wearing sandles (leather), intercourse. But one is not guilty of the karet penalty except for working, eating, and drinking.
All (types of) work (for whose transgression) a person is guilty on the Sabbath is also guilty on Yom Kippur. And all types of work for whose transgression on the Sabbath a person is free from punishment but are still prohibited, are also prohibited on Yom Kippur in a like manner except that on the Sabbath a conscious sin is punishable by stoning, but on Yom Kippur it is punishable by karet. Everything that is forbidden to be moved (or handled) on the Sabbath is also forbidden to be moved (or handled) on Yom Kippur, (but it is permitted to clean vegetables and to open (shell) nuts from the Minḥah time onward when (Yom Kippur) falls on a weekday, but nowadays (presently) it is customary to forbid that.)
Hagah: If a fire occurs on Yom Kippur, it is permitted to save one meal for the need of the night (following Yom Kippur) as one (may) save on the Sabbath the afternoon meal, (ר״ן פרק כל כתבי), and it is already explained in section 334 (as to) how to act at this time when a fire (occurs) on the Sabbath and the same law (applies) for Yom Kippur. It is customary that the children play with nuts (אגודה ומהרי״ל). One should not object to them (the children) even before the Afternoon Prayer, and the custom is widespread with respect to the mentioned law of breaking nuts, (ד״ע).
Siman 612
“It is forbidden to eat on Yom Kippur, and the measure of its quantity” - Containing ten paragraphs.
One who eats on Yom Kippur as much as the size of a big date is guilty of the punishment of karet. (The amount of a big date) is a little less than (the quantity of) an egg, and this quantity applies equally to everybody, whether a dwarf (midget) or whether (one is the size of) Og, King of Bashan.
All the food (that one eats) is combined to this measure (of less than a date), even salt that is on meat and juice that is on a vegetable, but eating and drinking are not being combined (they do not add together to get the quantity of a date, they are measured separately).
One who ate and ate again, if from the beginning of the first eating until the end of the last eating there was so much time as is needed to eat half a loaf of bread, then the food is being combined (to the above measure which was a date), but if not (if it took him longer than the time needed to eat half a loaf of bread) it is not combined (to the size of a date).
The (time) measure for eating a half a loaf of bread - some say it equals four eggs, and there are those who say it equals three eggs, (״שוחקות״ רשב״א).
The rule that we require (for the prohibition) of the (above mentioned) quantity refers to the guilt of the karet punishment or the requirement of a sin offering, but the prohibition exists even with the least (bit of food).
If one eats (on Yom Kippur) food that is not suitable for eating or they eat excessive food immediately after the food which they ate on the Eve of Yom Kippur until one gets sick of his food, he is exempt.
Hagah: If one eats artificially scented food or spiced food in addition to his meal, he is guilty (for eating on Yom Kippur) because there is always some room for some special delicacy, (כל בו). And it is forbidden on Yom Kippur to taste anything in order to spit it out, even spicy woods. See above in section 567, paragraph three in the Hagah.
One who eats the leaves of reeds is free (from punishment) and the sprouts of grape-vine that blossomed before Rosh HaShanah are free (from punishment when eaten) for they are merely wood, but if they budded (in the Land of Israel) between Rosh HaShanah and Yom Kippur, one is guilty (of punishment for eating them).
“Kas” (literally, chewed) if chewed (namely, if one chewed and mashed them with his teeth) pepper or ginger, if they are dry one is free (from punishment) since they are not suitable for eating, but if they are moist (fresh) (and one chews them) one is guilty (of punishment).
One who drinks on Yom Kippur melo lugmav (meaning (in simple Hebrew), a mouthful) is guilty (of punishment), and they measure it for everybody according to his size (what he is), the large person according to his largeness and the small person according to his smallness and not literally a mouthful, rather so that he pushes (the drink) to one side of his mouth and it will look as if he has a mouthful; and this is less than a fourth (of a log) for an average person. And all drinks are combined for the prescribed measure, (i.e., a mouthful).
Hagah: One who drinks a drink that is not suitable for drinking, like sauce or brine and undiluted vinegar is free (from punishment), but (if he drinks) diluted vinegar he is guilty (of punishment), (טור).
One who drinks a little and drinks (again) if there is from the beginning of the first drinking until the end of the last drinking the amount of time needed to drink a quarter of a log, they are combined to the stated measure (i.e., he is guilty of punishment), but (if it takes longer) they are not combined. There are those who say that the measure of time that combines the drinkings is the time needed to eat a half a loaf of bread, just as is the case with the combination of different foods, (see above 612:3).
Hagah: It is permissible on Yom Kippur to touch foods and drinks to give them to the children, and one should not fear that he might eat or drink them if he touches them, (תה״ד, chapter 147).
Siman 613
“The prohibition of washing on Yom Kippur” - Containing twelve paragraphs.
It is forbidden to wash on Yom Kippur whether with hot water or with cold water, and even sticking one’s finger in water is forbidden. But if one’s hands or feet or the rest of his body is dirty with mud or with excrement or if one has blood flowing from his nose, he is permitted to wash them (those parts which are dirty), because the only type of washing that is forbidden is washing for pleasure.
A man washes his hands in the morning and makes the blessing over the washing of hands. He should be careful not to wash his hands beyond the joints of his fingers.
Hagah: He must not intend enjoyment of the washing, only to get rid of the evil spirits on his hands, (הגהות מיימוני).
If one urinates and handles it (his penis) with his hands or he goes to the bathroom and he wipes himself, he is permitted to wash since his hands are dirty. (Hagah: and he washes up to the ends of the joints of his fingers.) And if he wants to pray, even if he did not wipe himself, he is also permitted to wash (his fingers in water) up to the ends of the joints of his fingers.
Hagah: And so it is with a priest who goes up to recite the priestly benediction, he washes his hands even though they are clean because the majority of (the instances of) washing which are not intended for pleasure are permitted, (הגהות מיימוני פ״ב מהל׳ י״כ ומהרי״ל). Therefore even if one comes from the street and his feet are dirty, it is permissible to wash them, (ב״י בשם הגהות מיימוני וסמ״ג וטור הלכות ט״ב).
One who is ailing and does not feel well until he rinses his face with water is permitted (to do so).
Hagah: It is customary for us to be strict in this (matter) for even the washing of the eyes which is a little bit medicinal, it is customary to be strict with this, (מהרי״ל), and it was forbidden to wash one’s mouth on Yom Kippur as was explained above in section 567, paragraph three.
One who goes to the house of study or to visit one’s father or his rabbi or one who is greater than him in wisdom, or for the need of performing a mitzvah (a good deed), is able to pass through water up to his neck going and coming provided that he does not take his hand from under the edge of his shirt to lift up the edges of his shirt over his arms and provided that the water does not flow rapidly, for if so, even on a weekday this would be prohibited because of the danger, even if the water only reaches his hips.
The fact that it is permissible to pass bodily through the water to perform a mitzvah, this is only to pass bodily through the water itself, but to pass through water in a small boat, this is, according to some, prohibited.
A rabbi is forbidden to pass through water in order to go to his student.
One who is going to guard his fruit is permitted to pass through water in his going, but not his return.
Hagah: In each instance where it is permitted to pass through water, even if there was a way for him to be able to circle around by way of dry ground, he is permitted to pass (through water), since to shorten his walk is more preferable.
It is forbidden for one to cool oneself in moist mud if he moistens it so as to dabble, and it is forbidden to cool oneself in vessels that contain water even if they are pottery, clay, or metal, but if they are empty, it is permissible and the same holds true for fruits and babies (to cool them).
Hagah: It is prohibited to soak a tablecloth when it is still day (before Yom Kippur) and to use it like a sort of moist vessel in order to cool off with it on Yom Kippur because we are afraid that it might not dry well enough and one might squeeze it (and squeezing is prohibited on Yom Kippur), (הגהות מיימוני פ״ב ומרדכי וסמ״ק ומנהגים). One who is sick washes as he usually does even though he is not dangerously ill, (רמב״ם).
A bride is permitted to wash her face all the (first) thirty days (of her marriage).
One who sees (his) semen at this time (Caro’s time and later) on Yom Kippur, if it is moist he wipes it off with a piece of cloth, this is sufficient; if it is dry or it made him dirty, he washes only the dirty spots and prays. It is forbidden for him to wash his body or to immerse himself (inaritual bath), even though on all other days of the year he used to immerse (in a ritual bath) in order to pray.
At this time it is forbidden for a wife to immerse herself (in a ritual bath) on Yom Kippur even if the time for her immersion arrived on that day.
Siman 614
“The laws of annointment and wearing shoes” - Containing four paragraphs.
It is forbidden to annoint oneself even a little (part) of one’s body and even if it is only to remove dirt (sweat), but if one is sick, even if there is no danger or if he has rashes (scabs) on his head he is permitted (to annoint himself).
It is forbidden to put on a sandle or a shoe of leather, not even as a sole on an artificial leg and to go out with it. Even if it is wooden (the shoe) and covered with leather it is forbidden, but if it is made of reed or straw or cloth or other things, it is permissible even to go outside in them to the public domain (the street). (It is permissible to stand on cushions and pillows of leather, and anyhow one who is strict about these things will be blessed,) (מרדכי דיומא ותה״ד סי‘ קמ״ט).
One who has just given birth, during the first thirty days (of the recovery) she is permitted to wear shoes, and the sick person is just like that even though (the sick person) is not dangerously sick, and so the person who has a sore on his foot (is also allowed to put on shoes).
Every person is permitted to wear shoes because of a scorpion and the like so that they will not bite him if they happen to be found, (if the place is infested with) scorpions or things that bite.
Hagah: If rain was falling and one wanted to walk to his house from the synagogue or the opposite way (from the synagogue to his house) and he is sickly (or delicate), he is permitted to put on shoes until he reaches his place, (מהרי״ל).
Siman 615
“It is forbidden to have sexual intercourse on Yom Kippur” - Containing two paragraphs.
It is forbidden to have sexual intercourse on Yom Kippur and it is forbidden to touch one’s wife as if she were in her menstrual period, and so it is forbidden to sleep with one’s wife in (the same) bed (even without intercourse).
One who sees a nightly pollution on the night of Yom Kippur, he should worry the whole year, but if a year has passed, he is assured that he will (have a place) in the world to come.
Siman 616
“(Concerning the) children, when should they begin to fast” - Containing two paragraphs.
Little children are permitted concerning all these things except for the wearing of shoes since they do not care so much if they do not wear shoes.
Hagah: It is permissible to say to a non-Jew to wash and to annoint them (the children), but to feed them even by hand (directly by oneself) is permitted, (i.e., even a Jew can feed them), (טור).
A young, strong boy a full nine years old as well as a full ten year old boy, we train him to do it (fast) for a few hours. How is this; if he used to eat at the two o’clock hour (8:00 A.M. in our time period), we feed him at the three o’clock hour (9:00 A.M.). If he used to eat at the three o’clock hour, we feed him at the four o’clock hour, and according to the strength of the boy we increase his fasting by hours, (and this is also the law for a healthy young girl), (טור). An eleven year old child, whether a boy or a girl fasts for the complete day, as we learn from the words of the Soferim to train them in the commandments.
Hagah: There are those who say that (for children) according to the rabbis’ rulings, it is not necessary to complete the fast at all, (ר״ן וא״ז ובהגהות מיימוני בשם ה״ג דרוקח ורא״ם). You may rely upon this (lenient decision of the Yeish Omrim) with respect to a youth who is thin and is not strong enough to fast, (תרומת הדשן סימן קנ״ה). And in every instance that we train him (the child) in the restriction of the laws of eating we (also) train him with respect to the restriction of washing and annointing, (טור).
A twelve year and one day old girl and a thirteen year and one day old boy who show the signs of puberty (two hairs), behold they are considered adults for every commandment and they complete the fast according to the Torah. But if they do not show the signs of puberty they are still considered children and they do not complete the fast except because of the ruling of the rabbis.
Hagah: Even if he (the child) is tender and thin (meaning, he is of age but does not show the signs of puberty), he has to complete the fast because the hairs of puberty might have fallen off, (תרומת הדשן סי‘ קנ״ה).
A boy who is less than nine years old, one does not make him fast on Yom Kippur so he would not be endangered.
Hagah : Even if he wants to be strict on himself (and fast), we prevent him (from doing so), (כל בו).
Siman 617
“The laws concerning a pregnant woman, and one who nurses a child, and giving birth on Yom Kippur” - Containing four paragraphs.
Pregnant and nursing women fast completely on Yom Kippur.
A pregnant woman who smells (food and her face changes even though she did not say “I need it”) we whisper in her ear that it is Yom Kippur and if she quiets down when this is mentioned it is fine, but if not, then we feed her (until) she is satisfied.
Every person who smells food and his face changes (its color) and he is in danger if they do not give him from it (the food which he smells), we feed him from it (the food).
A woman who gives birth must not fast at all within three days (of giving birth). From three until seven (days), if she says, “I have to eat,” feed her. From now on (after seven days), behold she is like every other person. And we do not count these as twenty-four hour days, for example if she gives birth in the evening of the seventh of Tishrei, we do not feed her on Yom Kippur (the tenth day of Tishrei) if she does not say, “I need it (food),” even though the three days were not completed for her until the evening of Yom Kippur, since (Yom Kippur) begins the fourth day after her giving birth, this is called after three days. (Yom Kippur here is counted as the fourth day after her giving birth.)
Siman 618
“The law concerning one who is sick on Yom Kippur” - Containing ten paragraphs.
A sick person who needs to eat, if there is an expert doctor there, even if he is a non-Jew, who says that if this person is not fed it is possible that the illness will worsen on him, needless to say if he might be in mortal danger, they feed him on the doctor’s orders. If the sick person says that he does not need (the food) we still listen to the doctor, but if the sick person says, “I need (the nourishment),” even if one hundred doctors say that he does not need (the nourishment) we listen to the ill person.
One doctor says that the sick person needs (food) and another doctor says that he does not need (the food), we feed him (the sick person).
Hagah: The same holds true if two (doctors) disagree with two others even if some of them are better experts than the others (you listen to those who say the patient should eat even if they are the inferior doctors who say this) and so it seems to me (to be the correct decision).
If the sick person and one doctor with him say that he (the sick person) does not need (food), and another doctor says he does need (food), or if the sick person says nothing and one doctor says he needs (food) and two say he does not need (the nourishment), we do not feed him.
If two (doctors) say that he (the sick person) needs (food) and even if one hundred (doctors) say that he does not need (food) even if the sick person agrees with them (who say) he does not need (the food) we feed him since two say that he does need (the food).
Hagah: The same holds true (if the sick person and one doctor with him say he needs (the food) even though one hundred doctors say he does not need (the food) we feed him. (טור)), and we are not afraid that the sick person says that he needs (food) because he believes this doctor who says that he needs (the nourishment), (ב״י בשם מהרי״א).
If the sick person says that he does not need (the food) and the doctor is doubtful, (whether he definitely needs food or not) we feed him, but if the doctor says that he does not need (food) and the sick person says, “I do not know (whether I need it or not),” we do not feed him.
If the doctor says that he is not familiar with the disease, behold he is considered the same as a layman (a non-professional) and his stated opinion does not raise or lower (does not mean anything).
Hagah: However if he (the sick person) becomes very weak so that he appears to the majority of people with him that he is in danger, if he will not eat, we feed him, (א״ז הארוך).
When one feeds the pregnant woman or the sick person, we feed that person little by little so that it (the food) will not combine to the prescribed amount of food which is prohibited to eat, therefore we feed him (the equivalent of) two-thirds of a medium (sized) egg and (then) wait as long as the time that is required for the eating of four eggs, and as to the drink, they should examine the sick person himself how much is the liquid so that he can, when it is moved to one side (of his mouth), appear as if he had a mouthful.
One should give him to drink (the above amount), and they should wait between one drink and the next one as long as the time that it would take to eat four eggs. And if he (the doctor) estimated that these amounts are not enough for him (the sick person), or if the sick person says thus, or they are doubtful about the matter, we give him food and drink according to his need (immediately).
He who catches ravenous hunger and he (has) a disease that comes from hunger, the symptoms of it are that his eyes are dark and he is not able to see, we feed him until his eyes light up. If there is no permitted food (Kosher) there then we feed him with food that is forbidden (non-Kosher). If there are there two types of forbidden foods, one more strictly prohibited than the other, we feed him the lesser prohibited one first.
Hagah: If he needs meat and if there is here an animal (a Kosher type) that needs to be slaughtered, and there is also ready non-Kosher meat, see above in chapter 328, paragraph fourteen.
A sick person who ate on Yom Kippur and recovers to such a degree so that he is able to bless (the food he ate, to say the Grace after the meal) he has to mention Yom Kippur in “יעלה ויבא״” in his Grace after the meal, namely in the benediction called “בונה ירושלים”
Siman 619
“The order (of prayer) on the Night of Yom Kippur” - Containing six paragraphs.
On the Night of Yom Kippur the custom is that the reader says, “In the court of high, in the court of low (earthly); with the consent of God and with the consent of the congregation, we are permitted to pray together with the transgressors”, and it is customary that he say “Kol Nidrei”, (“All the Vows”) (and the entire prayer that follows) and afterward he says (the prayer) “שהחינו” without a cup (of wine).
Hagah: And afterwards they say the Evening Prayer. It is customary to recite “Kol Nidrei” while it was still day and to lengthen it with melodies until nightfall, and (“Kol Nidrei”) is said three times, and each time (the cantor) raises his voice “higher” (says it louder) than before, (מהרי״ל). And likewise the reader says the following prayer sentence three times; “And the entire congregation will be forgiven, (etc.)” And the congregation says three times, “And God said I forgave you according to your word”, (מנהגים). A man must not deviate from the custom of his city even in the melodies or piyyutim that are said there, (מהרי״ל).
On the Night of Yom Kippur and on the next day we say (the blessing), “Blessed be His name whose glorious kingdom is forever and ever” in a loud voice (where normally it is said in a wisper).
If (Yom Kippur) falls on the Sabbath we say “ויכולו” after the Silent Prayer, and the prayer “תפילת מעין שבע” and conclude (the prayer with the words), “מקדש השבת”, (“who makes the Sabbath holy”), but do not mention Yom Kippur. (We do not say “אבינו מלכנו” on the Sabbath, but the rest of the prayers for forgiveness and the supplication prayers one says like on a weekday, (ריב״ש סימן תקיב ומנהגים),).
It is necessary to make one man stand to the right side of the reader and one to his left side (while he is saying these prayers).
There are people who stand on their feet the entire day and the whole night.
It is customary to spend the night in the synagogue and to recite poems and songs of praise all night.
Hagah: It is better to sleep far from the ark (מרדכי), and whoever does not want to recite songs of praise and poems should not sleep there (in the synagogue), (מהרי״ו). The chanters (cantors) who pray the entire day should not stay awake all night because they might ruin their voices if they do not sleep, (מהרי״ל).
Siman 620
“It is a good custom to shorten the Morning Prayer” - Containing one paragraph.
It is good to shorten the poems and the penitential prayers of the Morning Service so as to speed up the matter so that one can pray the Additional Service before the seventh hour (1:00 P.M.).
Siman 621
“The order of the reading of the Torah and of circumcision on Yom Kippur” - Containing six paragraphs.
We take out (from the ark) two Torah scrolls. In the first Torah six men read from the portion “אחרי מות”, (Leviticus 16:1-18:30) until “and he did as the Lord commanded (Moses)”, (Leviticus 16:34). But if (Yom Kippur) falls on Shabbat, seven (men read from the first Torah), and the Maftir (the last reader) reads from the second (Torah scroll) from the portion, Pinḥas, (Numbers 25:10-30:1), the section “and you shall have on the tenth day of this seventh month”, (Numbers 29:7-11). The Maftir (the Haftarah section from the Prophets) comes from Isaiah, “and shall say, cast you up, cast you up, prepare the way” until “for the mouth of the Lord has spoken it”, (Isaiah 57:14-58:14).
If there is a circumcision on Yom Kippur; then they circumcize between the (Morning Prayer prior to the Keri’at Shema named) “יוצר”, “Creator,” and the Additional Service after the reading of the Torah. And after the circumcision we say the prayer, “אשרי” But the custom is to circumcize after the “אשרי”, (מנהגים). And if the circumcision takes place in a location where it is necessary to leave the synagogue, we do not circumcize him until after the Torah scroll is returned to the ark, and then they return (to the synagogue) and say the (reader’s) Kaddish.
We bless the circumcision without a cup (of wine). (There are those who say that we bless (the circumcision) with a cup (of wine) and we give it to the infant who is 179 circumcized, and this is the custom.)
In the Additional Service the reader recites the order of the Avodah.
Hagah: It is customary to fall on their faces, prostrate, as they say the section of the Avodah, “and the priests and the people…” and also to prostrate when saying the Aleinu Prayer. But the reader is forbidden to move from his place at the time of the prayer in order to prosstrate, and one should object to those who do this (prostrate).
The order of the confession is; I have sinned, I have transgressed, I have offended, etc.
It is customary to pledge (to vow) charity on Yom Kippur for the dead, (and they remember their souls because the dead also have atonement on Yom Kippur), (מרדכי).
Siman 622
“The order of the Afternoon Service on Yom Kippur” - Containing four paragraphs.
In the Afternoon Service one says “אשרי”, and “ובא לציון”, but one does not say “ואני תפלתי” even if it (Yom Kippur) falls on the Sabbath.
Hagah : We are not used to saying “אשרי” and “ובא לציון” before the Afternoon Service, only before the Closing Service, Ne’ilah, and so wrote a few of our rabbis, (מרדכי והגהות מיימוני סוף ספר אהבה, וסוף הלכות יו״כ, כל בו ומנהגים). We do not say “אין כאלהינו”, (“there is none like our God”) on Yom Kippur, (מנהגים).
We take out the Torah scroll and three (men) read from the portion “עריות” (Incest), (Leviticus 18:1-21) until the end of the portion and the third (man reads) the Maftir (Haftarah) from the Book of Jonah and concludes with, “who is a God like You etc.,” (Micah 7:18-20) and he says the blessings before and after (the Haftarah), and if (Yom Kippur) falls on Shabbat he mentions in (the blessings of the Haftarah) the Sabbath and he concludes with the blessing of the Sabbath.
Hagah: But he does not say (the part of the blessing that states) “for the Torah and for the Service, etc.” during the Afternoon Service, (הגמ״יי סוף הלכות י״כ ומהרי״ל ומנהגים והגהות מרדכי).
If (Yom Kippur) falls on the Sabbath we say the prayer, “…צדקתך”, “you were righteous, etc.” and we say, “אבינו מלכנו”.
Hagah: In these lands we do not say “…צדקתך” and not “אבינו מלכנו”, when Yom Kippur is (on the Sabbath).
They (the priests) do not lift up their hands (i.e., the Cohanim do not bless the congregation) during the Afternoon Service on Yom Kippur, and a priest who transgressed (i.e., made a mistake) and went up to give the priestly benediction, behold then he does perform the priestly benediction and they do not make him go down.
Siman 623
“The order of the Closing Prayer, Ne’ilah” - Containing six paragraphs.
For the Closing Service we say “אשרי” and Kaddish but we do not say “ובא לציון”.
Hagah: I have already written that the custom in these lands is to say “אשרי” and “ובא לציון” before the Closing Service.
The time for the Closing Service is when the sun is just on the tops of the trees so that it can be completed close to the setting of the sun, and the reader needs to shorten the prayers of forgiveness and the verses in the middle of the Tefillah and he must not lengthen in the Closing Prayer every word as he lengthens them in the rest of the prayers, so that he will finish before the sun sets, (and he says instead of “inscribe us (in the “Book of Life”)”, “seal us (in the “Book of Life”)”), (טור).
If (the Ne’ilah Prayer) falls on the Sabbath, we remember in it the Sabbath in the prayer (meaning, we mention it), but in the confession which is after the Silent Prayer we do not mention the Sabbath. This refers to the individual worshipper, but the reader, since he said it in the midst of his Silent Prayer, he mentions the Sabbath in it (even when repeating the Prayer outloud). If he does not mention it (the Sabbath) they do not make him return and repeat it.
He says “כתר”, “the crown”, just as in the Additional Service.
They give the priestly benediction during the Closing Service. (The custom in these lands is not to give the priestly benediction, but we say “אבינו מלכנו”.)
At the end of the prayers of forgiveness we say seven times, “He is the God,” (and one time the “שמע ישראל”), and three times the, “Blessed be His glorious kingdom forever and ever,” (see above section 61, (מנהגים).) and we blow the shofar, (תקיעה, שברים, תרועה, תקיעה).
Hagah: There are those who say that we only blow the shofar once (תקיעה), (מרדכ והגהות מיימוני סוף הלכות ואגור י״כ), and thus we do it in these lands, we sound the shofar after we say the Kaddish after the Closing Service, but in a few places the custom is to blow the shofar before the Kaddish.
Siman 624
“The order at the close of (i.e., after) Yom Kippur” - Containing five paragraphs.
We pray the Evening Prayer and say the Havdalah (the “separation”) in the benediction “חונן הדעת”.
One has to add some time (i.e., lengthen the day of Yom Kippur) from the profane to the holy also when (Yom Kippur is over, that is they should wait a little after the stars appear in the sky.
One says Havdalah over the cup (of wine) but one does not say the benediction over the spices even if it (Yom Kippur) falls on the Sabbath.
We (say a) blessing over the light, but we do not say a blessing after Yom Kippur on the light which they brought forth now from stones (i.e., sparks). Some say that we do say the benediction over the first fire which was ignited by this spark and onward.
A Jew who lights the candle from the fire of a non-Jew does not (say a) blessing over it at the close of Yom Kippur even though at the end of the Sabbath we do bless it, because we do not say a blessing over the fire on the close of Yom Kippur, only over light which was not burning during the daytime of Yom Kippur, or over the light that was lighted from it, and (therefore) the custom is to light from the lamps of the synagogue; however if one lighted (his candle) on Yom Kippur, if it was lighted with permission (i.e., if he was allowed to light it), for example for a sick person, we are able to say a blessing over it.
Hagah: There are those who say that one is to say the Prayer of Havdalah over the light of the synagogue, (המגיד ואבודרהם וא״ז), and there are those who say that one should not use (the light of the synagogue) for Havdalah, rather one lights another light from the synagogue lamp. The correct practice is to say the Havdalah over both of them together, that is to kindle one light from the light of the synagogue, but one should not make the Havdalah over the light of the synagogue alone, (מהרי״ל). For the rest of the laws concerning the light, see above in chapter 298. We eat and we rejoice at the close of Yom Kippur because it is somewhat of a holiday, (טור ומהרי״ו, א״ז). There are those who are strict and observe two days of Yom Kippur, and a person can be (halakhically) relieved of this practice, and one should not follow this strict practice since there is a fear that a person might be in danger (of his life or health), (א״ז). He who fasts because he had a bad dream on the day after Yom Kippur, there is no need for him to fast all his days (after Yom Kippur every year just because he did it once), (מנהגים) One does not say prayers of supplication nor does he say “You are righteous, and you will be righteous, and you were righteous” from Yom Kippur until Sukkot (the Festival of the Booths), and the meticulous ones begin immediately at the close of Yom Kippur to build the Succah so they can go from one commandment to another commandment, (מהרי״ל ומנהגים, והגהות מיימוני פרק ב‘ דברכות, מהרי״ו).
Siman 625
On Succot we shall dwell for 7 days etc. Because on Succot I protected the children of Israel. These refer to the clouds of glory who protected them from all the intense heat and the sun of the desert. And it is a Mitzvah to begin building the Succah immediately after Yom Kippur. For if a Mitzvah that comes to one's hands, one should not delay performing it.
Siman 626
1. One who makes a Sukkah underneath a tree or under a roof, containing 3 Seifim: [No Sukkah can be made under a house or a tree]. One who makes his Sukkah underneath a tree - there are those who say that if the tree's shade is greater than the sunlit area, the Sukkah is completely invalid, even if the Sukkah is shaded more so than sunlit. However, if the tree's sunlit area is greater than its shade - if the Sukkah's shade is greater than its sunlit area without a tree, it is Kosher even if the branches were not lowered to mix with the schach of the Sukkah. However, if the Sukkah is not shaded more so than sunlit because of the tree, it is necessary to lower the branches and mix the with the Shach in such a way that they are not recognizable and the Schach is the majority and nullifies it. And there are those who say that even if the Sukkah's shade is greater than its sunlit area without the tree, and the tree's sunlit area is greater than its shaded area, if the branches of the tree are aimed or directed to the kosher Shach, it is pasul (invalid), whether the tree was there first or the Sukkah was there first, when the branches of the tree are directed toward the kosher Schach. RAMA: However, if the branches were lowered down and mixed with the Schach so that it is not noticeable, it is batul and the Sukkah is Kosher (the Rosh and the R"an). Similarly, if the kosher Schach rests on the invalid Schach, it is accidentally mixed and therefore kosher (Mordechai) However, if the branches are towards the air between the Schach, it is Kosher or if the Schach is the majority such that even if it is removed from the tree it retains its measure (Tur)It is Kosher inasmuch that the valid shade is greater than the sunlit areas so that even if the tree is removed there is enough valid Schach to make it kosher. In any event it does not matter whether the tree existed first or the Sukkah existed first; there is one law for both of them.
2. If one desires to cut off [the branches of] a tree [that had been placed on a sukkah] to make them valid for s’chach, he must remove each branch by itself, set it down, and then go back and remove the next one and set it down. And if he does not do this, it is invalid because of [the principle of] 'You shall make, but not from that which is made'. RAMA: However, it is permitted to make a sukkah under something that is joined or a house and to remove it afterwards. This is not called 'You shall make, but not from that which is made', and the s’chach itself is not invalid (Kol Bo; Ha'gahot Ashiri)
3. One who makes a sukkah in a house below a roof from which the shingles were removed even if the wood or the beams on which the shingles rest remain, it is valid. RAMA: It is also permitted to make a sukkah under the rooves that are made to open and close; and it is permitted to close them due to the rain and then return and open them (Maharil). Even on Yom Tov is is permitted to close and open it (Aggudah d'Yoma; Mahariv). If they have hinges that open and close this does not involve the forbidden [labors] of demolishing or building. One may build a tent [Note: The term ohel is used only for a [structure] that is [at least] ten handbreadths above the ground. Even if it has no walls, it is forbidden to dwell under it.] on Yom Tov and it does not violate 'You shall make, but not from that which is made'. One must be careful to not sit under it when it is closed, for then it is an invalid sukkah
Siman 627
The Laws of Sitting in the Sukkah, 4 Seifim:1. One must sit in the air of the sukkah (i.e. directly under the space of the s’chach). One who sits under a bed in the sukkah - if it is higher than 10 tefachim he has not fulfilled his obligation. (Note: Therefore a person who sleeps in a sukkah under a bed that is ten handbreadths high has not fulfilled his obligation)
2. One who sleeps under a slanting canopy that surrounds a bed in a sukkah - if it is not higher than 10 tefachim or if it has no roof the width of a tefach, he has fulfilled his obligation.
3. Regarding the polls which come out of the four bedposts, it is forbidden to spread out a sheet over them and to sleep under them, even if they are not higher than ten (tefachim). However, if one of them exits in the middle of the bed at the head, and the second from the middle of the foot of the bed (See Sukkah 10a) and a sharp incline is made from this side and that side, it is permitted to spread out a sheet over it to sleep under it because it has no roof the width of a handbreath above it. This is so as long as it is not higher than ten tefachim. There are those who declare this valid even if it is greater than ten tefachim.
4. One may hang sheets (or fabric) under the s'chach for ornamentation; if it is under four tefachim from the roof, it is valid. If it is farther than four tefachim from the roof, it is invalid. And if it is not for ornamentation, even though it is within four tefachim, it is invalid. (and there are those who take precautions not to hang decorations for the sukkah unless it is less than four tefachim) (Maharil>
Siman 628
1. The Laws of Building One Sukkah Under Another Sukkah, 3 Seifim: Regarding a sukkah that is underneath another sukkah, the top one is valid and the bottom one is invalid. This is so if the bottom one is able to receive pillows and mattresses of the upper one, even with difficulty, and there are ten tefachim between them. However, if there are not ten tefachim between them or there are ten tefachim between them but it is impossible for [the floor of] the upper [sukkah to support a person together with his] pillows and mattresses even with difficulty, the bottom one is valid if it is covered according to the law, even if the upper sukkah is higher than twenty tefachim. If it is not covered according to the halachah and valid due to the s'chach of the upper one, the s'chach of that upper sukkah cannot be higher than twenty amot off the ground.
2. If a sukkah is constructed upon a wagon or upon a boat, if it cannot withstand ordinary land winds it is invalid. However, if it can withstand ordinary land winds - even if it cannot withstand ordinary sea winds - it is valid. (See Sukkah 22b).
3. [If a person] constructs his sukkah on a camel or on top of a tree, i.e., the treetop, it is valid. One may not, however, climb up to it on a festival, even a little bit on the tree and a little bit on something else, if [the sukkah] is constructed in such a manner that if the tree was removed, it would still stand on the other support without falling on Yom Tov. And if not, he may not climb up on it on Yom Tov.
Siman 629
What materials can be s'chach, 19 Seifim: 1. Schach must grow from the ground, be detached [from the ground], and not be susceptible to ritual impurity. However, if [a substance] does not grow from the ground, even if it grows on the ground and is not susceptible to ritual impurity, such as unprocessed animal hides that are not susceptible to ritual impurity, or metal items, it may not be used as schach. (We not use dirt as schach either) (R"an).
2. Similarly, everything that is susceptible to ritual impurity, such as [metal] spits, bed frame posts, and all [other] tools, may not be used as schach, even if they broke so that no piece remains that is big enough to receive ritual purity.
3. Arrows that do not have a socket can be used as schach. Those that have a socket are invalid.
4. Flax that was not ground or crushed is valid, because it is just a tree. However, if it was ground or crush, it is invalid.
5. Ropes made of flax are invalid. If they were made of reed-grass or palm-tree bast they are valid.
6. Regarding a mat made of reeds, straw, papyrus, or bulrushes, whether or not the mat is smooth and thus fit to lie on or not smooth and not fit to lie on, if it is small, it is presumably intended to be lied on and is thus susceptible to ritual impurity and may not be used as schach, unless it was made to be schach. RAMA: That is, the majority of the city residents make them for schach (Ros"h chapter 1 of Sukkah). If it is large, it is presumably intended to be schach and may be used for schach, unless it was made for lying on (meaning that the local practice is to lay on it). This is so if it does not have a rim. But if it has a rim and could thus serve as a receptacle, even if the rim is removed it may not be used as schach. RAMA: In a place where it is customary to affix a mat to a roof like a kind of ceiling, it may not be used for schach (Kol Bo).
7. It is questionable whether it is permitted to lay a ladder on the roof so that the schach can be placed upon it. RAMA: Therefore, we do not put schach on it. Even laying it on the schach in order to hold it in place is forbidden. This is the law for any object that is susceptible to ritual impurity, such as a bench and a chair that receive midras uncleanness (Maharil).
8. Attaching the beams of the sukkah with iron nails or tying them with cloths (meaning pieces of worn clothing) that are susceptible to ritual impurity is not a problem.
9. All foods are susceptible to ritual impurity and may not be used as schach.
10. Concerning fig branches that have figs on them and vines that have grapes on them, if the non-food is more than the food, they may be used as schach. Otherwise, they may not be used as schach. If they were harvested for food, the handles are considered food with respect to receiving impurity and the non-food needs to be enough to nullify both the food and the handles. If they were harvested for schach, the handles are not considered food and, on the contrary, they can be combined with the waste to nullify the food. If they were harvested for food and then one decided to use them as schach, this thought does not remove the handles from being considered food until an action is done with them to show that they are intended to be used for schach, like threshing them.
11. One may use befinogo, which is called "shomer" in Arabic, for s'chach. It is animal food that a person only consumes as medicine (Rabbeinu Yerucham 8:2, Kol Bo).
12. If one used vegetables that dry out quickly as schach, even though they are invalid schach because they are susceptible to ritual impurity, they are not like invalid schach, which invalidates in four tefachim. Rather, they are like the open air, which disqualifies in three tefachim. If they do not dry out, they are treated the same as invalid schach and invalidate in four tefachim. RAMA: Anything which customarily dries within seven days is considered dry from the outset (R"an chapter 1 of Sukkah) and is treated like air and invalidates in three tefachim, even at the edge [of the sukkah] (Hagahot Maimoni chapter 4 of Sukkah).
13. One may not use a substance that is [still] connected to the ground as schach and it is treated the same as a tree.
14. There are things that our Sages forbade to be used as schach initially: certain types of grass that are not fit to be eaten and are not susceptible to ritual impurity that have a bad smell or whose leaves fall from them. We are worried that a person may leave the sukkah because of the unpleasant smell or because of the falling leaves.
15. Similarly, one may not use bundles as schach because sometimes a person may put his bundles on the roof of the sukkah to dry them and afterward decide to use them for the sukkah. This sukkah is invalid due to the principle of "'Make' not from that which was already made" invalidly. A decree was made regarding every bundle due to this situation. Because this prohibition was enacted only due to this reason, it was only necessary to prohibit the use of bundles that are commonly left to dry out: those that have no fewer than 25 sticks in them. Bundles of fewer than 25 sticks may be used as schach. If the 25 or more sticks come out of one stem, but they are separate at the other end and bound together there, this is not considered a bundle because they have the same root. If an additional stick was tied to them and together they are 25 sticks, it is a bundle. RAMA: Any bundle that is not tied on both ends such that it can be carried is not a bundle and can be used as schach (Beis Yosef in the name of halakhic authorities).
16. If a bundle was tied for the purpose of selling it in a certain quantity, and a buyer unties them immediately upon purchasing it, it is not considered a bundle.
17. If one uses a bundle as schach and unties it, it is valid, because the prohibition was only due to a decree. If, however, one placed a bundle on the sukkah to dry, and then decided decided to use it for schach, it is invalid by Torah Law. It does not become permitted by untying it except if one moves it.
18. Similarly, they prohibited using boards that are [at least] four tefachim wide as schach, even they are placed on their sides that are less than four tefachim wide. If their width is less than four tefachim they are valid, even if they are filed down to resemble tools. And our custom is not to use them as schach at all.
19. If one spread a sheet over [the schach] due to the sun or under it due to the falling leaves — that is, so that leaves and shavings don't end up on the table — it is invalid. However, if it was only spread for decoration, it is valid, as long as it is within four [tefachim] of the schach. There are those who say that if a sukkah is properly schached and there is fear that it will the schach will dry out or leaves will fall and the sunlit area will be more than the shaded area, they spread a sheet over it so that it fall not dry out or under it so that the leaves will not fall, because the sheet ensures that the shade will be greater than the sun, it is invalid. However, if in spreading the sheet, the only intention was to protect from the sun or the leaves or to decorate, it is valid, as long as it is within four [tefachim] of the schach. However, preferably this should not be done unless it is obvious that the intention is to protect or it is soaked in water such that it is obvious to everyone that it is spread out to dry.
Siman 630
The Laws of the Walls of the Sukkah, 13 Seifim: All materials are valid for the walls of the sukkah (and it is not necessary to erect things similar to how they grow) (Tur). Even if the sukkah's sunlit area is greater than its shaded area due to the walls, it is still valid. Rem"a: In any case, one should not make the sides of the sukkah out of something that smells bad [R"an] or something that will wither within seven days such that it will not have the minimum measurements of a wall (his own opinion).
2. Regarding the walls of the sukkah, if there are two walls adjacent to each other like a gamma, one makes a wall that has its width greater than a tefach and puts it within three [tefachim] from one wall. One then places a rod (parallel to the wall) (Tur) over this tefach[-wide pseudo-wall] to make the form of a doorway, placing a rod on top of [the real wall] and on top of the tefach[-wide pseudo-wall], and it is kosher, even if the rod does not touch them. Rem"a: And if the tefach [pseudo-wall] and the wall reach schach, no rod is needed above them (Mordechai, Hagahot Maimoni ch. 4). And the custom that the form of the doorway is circular is just for decorative reasons (so wrote Mordechai).
3. If one has two walls parallel to each other with an opening in between them, one makes a wall that is a bit more than four tefachim wide, places it within three [tefachim] of one of the two walls, and it is valid. Also here one needs to make a form of a doorway, placing a rod from the strip to the other wall. There are those who say that this does not need a form of a doorway. Rem"a: However, if the [added] wall is seven [tefachim] without counting the empty space, no form of a doorway is needed to the end of the [other] wall, given that seven is the minimum measurement for a [wall of a] sukkah. Obviously no form of a doorway is needed when the wall is full. The practice of making a form of a doorway when the walls are full is just for decorative reasons (R"an, Maggid ch.4, Kol Bo, Beit Yosef in the name of the Mordechai).
4. When does this apply? When making a sukkah in a place where there is no middle wall opposite it. However, when a sukkah is made in the middle of a courtyard far from the walls of the courtyard, even though it only has two walls, one parallel to the other, it is sufficient to add the permitting element the same as with two walls that are shaped like a gamma.
5. When we deemed kosher a sukkah with two walls shaped like a gamma kosher by adding a tefach[-wide pseudo-wall] and a form of a doorway, this is kosher even if within the walls there are many openings that do not contain a form of a doorway and all of the breaches summed together will be more than the non-breach, (provided that openings are not on the corners, because the walls have to be connected like a gamma) (Ra"n)', as long as there is no opening greater than ten amot. If there is a form of a doorway, even more than ten [amot can be kosher]. According to the Ramba"m, even if there is a form of a doorway, if there is an opening greater than ten, it is invalid unless the non-open part is greater than the breaches. Rem"a: Our custom now is to make whole walls because not everyone is knowledgable about the laws of walls (Kol Bo). And if one does not have enough material for walls, it is preferable to make three complete walls rather than four that are incomplete (Mahari"l).
6. If one inserts four pools, whether in the middle of the roof or at the edge of the roof, and puts schach on top of them, it is invalid. There are those who declare it valid if they are inserted at the edge of the roof because we say "extend and raise the walls" [i.e., we legally consider the walls of the house to extend vertically such that they count as walls of the sukkah].
7. One who puts schach on top of an alleyway that has a sidepost (meaning a pillar-like wooden post, "passin" are boards surrounding a well to make it a private domain) or on top of a well that has passin, this is a valid sukkah for that Shabbat that is part of the holiday. Because the sidepost and the passin are partitions with respect to Shabbat, we consider them walls with respect to the sukkah. (This is only permitted when the sidepost and the passin have a permissive effect for Shabbat, in which case we can say "because [the sidepost and the passin are partitions...]" (Ra"n).)
8. If one covers a portico with schach that has posts, whether they can be seen from inside and not from outside or whether they can be seen from outside and not seen from inside, it is valid. If it does not have posts, it is invalid because it is a sukkah that is made like an alleyway; it only has the two sides of the portico, the middle of the portico has no wall, and there are no posts adjacent to it ("posts" refers to a sidepost or a doorpost). (All of this is according to the Ramba"m, but others disagree and therefore we do not make a sukkah in this manner).
9. If its walls are taller than seven tefachs and a bit and they are erected less than three tefachs from the ground, it is valid even if the roof is much higher, as long as they are directly under it. Even if they are not precisely under it, as long as they are within three [tefachim] it is kosher. If [the roof] is only ten tefachim high, even if the wall is only four and two bits tall, it is kosher when it is placed in the middle. We [legally consider it to] extend above and below, and it is considered closed. If the walls are more than three tefachim above the ground, it is invalid.
10. If one makes his sukkah between trees with the trees as its walls, if they are strong or tied and secured such that normal wind will not regularly shake them, and the open spaces are filled in with straw and hay such that the wind will not shake them, and they are tied, it is kosher. Therefore, it is not good to make the walls from sheets of flax without poles even if they are tied well because sometimes they unintentionally get detached and you have a wall that cannot withstand a normal wind. If one wants to use sheets, it is good to weave poles into the walls every three [tefachim].
11. One can make a wall from living things by tying the animal to the wall.
12. One can use a friend to constitute a wall in a valid sukkah, even on the holiday, as long as he does not know that he is standing there to be a wall. On a weekday, even if he knows, it is fine. Rem"a: Even on the holiday, this is only forbidden for the three permitting walls, but it is permitted for the fourth wall (Raavad's notes, Maggid ch.4 of Sukkah). See above 362:5.
13. One who leans his sukkah on the legs of the bed with the legs as walls, if there are ten tefachim from the bed to the schach, it is kosher. Otherwise, it is invalid. If one leans the schach on the posts and the legs are walls, even if there are not ten [tefachim] from the bed to the schach, it is valid, because there are ten tefachim from the ground to the schach.
Siman 631
1. A Sukkah whose Sunlit Area Exceeds its Shaded Area, & Other Laws Governing S’chach, containing 10 Seifim: A sukkah who's sunlit area is equal to its shaded area from above is invalid according to the idea that the sunlight diffuses as it gets more distant and is greater than the shaded area. However, if the sunlit area and shaded area are equal from below, it is valid.
2. A sukkah is valid if the majority of the s’chach casts a shadow whose area is two small measures greater than the sunlit area and hence the empty space in the s’chach is [considered as] very little, while [under] a smaller part of the s’chach, the sunlit area exceeds the shaded part by a small measure. RAMA: There are those who are stringent if the sukkah is large and there is a space that is 7 x 7 (tefachim) where the sunlight is the majority, even though when combined the entire sukkah has more shaded area (R"an).
3. As an initial and preferred option, the s’chach should be light so that large stars to be seen through it at night. [After the fact] even if [the s’chach] was very thick, [making it seem] like [the roof of] a house and not allowing the stars to be seen, it is valid.
4. If the s’chach is a very light covering with much empty space, but no one place has three handbreadths of empty space [the sukkah] is valid, [provided] the overall shaded part [of its floor] exceeds its sunlit area; i.e., there is more s’chach than open space.
5. If the s'chach is tangled and irregular i.e., parts of it were on a somewhat higher level and parts were on a somewhat lower level, it is valid. Provided that the vertical distance between the higher level and the lower level [of the s’chach] is less than three handbreadths. If the width of the upper one is a tefach or more, even though it is higher than three tefachim, we consider [the s’chach on] the higher level as if it had descended and was positioned in the empty space under it. RAMA: In other words, there is a tefach in the space of the bottom one such that one could bring down the top one and then it is valid, even if its sunlit area exceeds the shaded area, since when the sun is at its zenith, directly overhead, the shaded part [of the sukkah floor] does exceed its sunlit area, [the sukkah] should not be disqualified because of sunlight that comes in [at other times] from the side, at an angle.
6. Poles that come out from the back of the sukkah, for example when the canes of the s’chach project beyond the fourth side of the sukkah, if the canes [covering this addition] extend over the minimum dimensions of a sukkah, and its shade exceeds its sunlit area, the three walls are valid even though the middle wall wasn't made for it but rather for the essence of the sukkah, which is inside of it. [Note: For [even if the latter were to be the builder’s intent,] we are not concerned with his intent (for there is no requirement that a sukkah be built with the intent [that it be used for a mitzvah]. Thus it is as if he did not reveal his intent at all. [Rather,] the entire length of the s’chach is rendered valid by the third, short wall, even if it does not extend the entire length of the s’chach as does the opposite wall]
7. A similar [law applies] if the canes of the s’chach project beyond the fourth side of the sukkah, which is open and not enclosed by a wall, and one of the [parallel] walls extends outward with those canes. If the canes [covering this addition] extend over the minimum dimensions of a sukkah, this [additional] area is also considered as part of the sukkah and one may sit there even though it has only one wall. [These laws apply] even [when it is possible to say that] the owner of the sukkah revealed his intent to construct the entire sukkah with long walls, flanking the full length of the s’chach.
8. A person covered [the top of the sukkah] with [metal] spits, which are invalid as s'chach, and they do have 4 tefachim win them, and 4 tefachim from them to any one place, and he left a space the width of a spit between each pair of spits, and filled those spaces with valid s’chach, it is invalid, because it is impossible for a person to be exact and fill all the empty space between the spits with valid s’chach without leaving any space whatever between [any] spit and the [adjoining] valid s’chach. Hence, such a sukkah is not valid unless one placed on it a little additional valid s’chach to overlap the invalid s’chach, for then, all the empty space between the spits will certainly be covered. [This is certainly true with a large sukkah. But regarding a small sukkah, one must have less than three tefachim between the spits] (Beis Yosef; Maharal m'Prague].
9. [The following applies to] a house roofed with boards that are not covered by a maazivah (i.e., a clay floor that [sometimes] overlays them), and [one desires] to make [the house] valid so that he can dwell under [the boards] for the sake of [the mitzvah of] a sukkah, or one grabs hold of one board of a set of two and places valid s'chach in its place - all of it is valid, even the boards which are wider than four tefachim. There is one (opinion) who says that the boards cannot be wider than four tefachim.
10. A sukkah without a roof, for example the tops of the walls were stuck together like a shed; or the top of the wall leans against the sukkah to create a wall - this is invalid. If it had a roof, even a small portion, or the leaning wall was raised to the wall from the earth for a small portion, this is valid. RAMA: There are those who say that this small space should not be empty space - only from the wall or the s'chach [Rosh in the name of the R"i; Rambam]. It must be 7 x 7 tefachim and higher than ten tefachim [Tur]. The walls, which are greater than ten, must also be made out of materials that can be used as s'chach [R"an]. If all of the walls are made of materials than can be used for s'chach one may sleep even under the walls [explanations of Rabbeinu Yerucham]
Siman 632
Things That Are Invalid For S'chach, having four Seifim: 1. Invalid s'chach, makes a sukkah invalid in the middle if it is four tefachim. However, less than 4 is valid and one is permitted to sleep under it. From the side, it does not invalidate except if the invalid s'chach measures 4 amot, but less than 4 it is valid, for we say it is a curved wall; for we could say that we see it as if the wall is bent, and we consider this invalid s'chach to be from the body of the wall. This is a law given to Moshe at Sinai. Therefore, for this reason, a house which is reduced in the middle and one covers the middle area with s'chach, and there remains from the ceiling around the valid s'chach less than 4 amot between it and the walls, it is valid. However, we do not sleep underneath it whenever it measures 4 tefachim. With regard to what have these things been said? With regard to a large sukkah that has, in addition to the invalid s'chach, more than 7 x 7 tefachim. However, in a small sukkah which only has 7 x 7, whether in the middle or on the side, when there are three tefachim, it is invalid. When there are less than three tefachim, it is a valid sukkah and we may sleep underneath it and it joins together to complete the measure of the sukkah.
2. Open space, whether great or small, is the same. Whether in the middle or on the side within three tefachim it is invalid. If it is less than three tefachim it is valid, and it joins together to complete the sukkah and we do not sleep underneath it. RAMA: And this is specifically when it goes along the entire face of the sukkah (Rabbeinu Yerucham), or it has enough space for one to fit their head and most of their body, but without this it is permitted, because there is no sukkah that doesn't have holes (R"an, end of first perek). This, that invalid s'chach invalidates a sukkah with four, and open space within three, is specifically when the sukkah is split in two, and there does not remain a valid measure for a kosher sukkah with walls in any one place. But if there does remain a valid measure for a kosher sukkah in one place - this place is kosher. And even outside if they are joined from the side (Tur).
3. Invalid s'chach less than four and open space next to it less than three do not join together to invalidate (the sukkah). For this reason, if an open space is three in one location and even a small part of this open space is invalid s'chach, it (the sukkah) is valid. This applies to a big sukkah. However, in the case of a small sukkah that only measures 7 x 7, if there is three tefachim between the two of them, they join together to invalidate the sukkah.
4. If there are 2 tefachim of invalid s'chach and 2 other tefachim of invalid s'chach, and an open space less than three interrupts between them, there is reason to doubt if two tefachim of the invalid s'chach join together to invalidate the sukkah.
Siman 633
1. The Laws of the Height of a Sukkah, 10 Seifim A sukkah which is taller than twenty amot is invalid, whether it is large or small, whether its walls reach the schach or they do not reach the schach. However, a twenty amot tall sukkah is valid, even if all of its schach is above twenty [amot] because its interior is only twenty [amot].
2. If the sukkah is higher than twenty and הוצין (palms leaves) come down (into it) - if its shade is larger than its sunlit area it is valid; and if not it is invalid.
3. If the interior of the sukkah is higher than twenty amos, and one hangs pleasant things from it and because of that the interior is diminished, this is not (considered) a diminution. Therefore if it is reduced by pillows and blankets this is not considered a diminution, even if they nullify each other.
4. If one reduces the height by using straw and such, this is a valid diminution and one does not need to say the dirt is invalid; but undesignated dirt is not a diminution, even with dirt until it is nullified verbally.
5. If the sukkah was higher than twenty and one builds a shelf against the middle wall anywhere on the surface, and it contains the required measure for a sukkah, the entire sukkah is valid, even from the shelf onward.
6. If one builds a shelf from the side, if there is less than four amos between the shelf and the second wall it is valid; on the shelf specifically. And if not, it is invalid.
7. If one builds a shelf in the middle, if there is less than four amos from it to the wall on all sides it is valid with the shelf, even if it is higher than twenty. And if there is four amot between it and the wall it is invalid, even if the shelf is higher than twenty.
8. A sukkah that is not taller than ten tefachim is invalid.
9. If it is taller than ten and palm leaves come down into that ten tefachim space, even if its sunlit area is greater than its shade it is invalid. However, if הנויין fall down into it it is valid.
10. If it is shorter than ten, and he dug out an area inside the sukkah in order to complete the requisite height of the sukka to ten handbreadths - if there is in the dug out portion the measure of a valid sukkah and if there is not three tefachim between the dug out portion and the wall it is valid. If there is three tefachim between them it is invalid.
Siman 634
1. A Sukkah Must Not Be Less Than 7 x 7, containing 4 Seifim: A sukkah that is not at least 7 x 7 is invalid. Regarding the maximum, there is not a measurement above.
2. If it is circular, it must contain within 1/4 circle, a measure of 7 x 7.
3. If the sukkah is 7 x 7 and one places fitting garments in it and it reduces the size below the minimum, it is invalid.
4. One whos head and most of his body is inside the sukkah, and his table is outside the sukkah and he eats as if it he cannot eat in the sukkah - even if it is a large sukkah, there is a gezeirah (against this) on case he might be pulled after his table.
Siman 635
1. A sukkah is valid even if it was not constructed specifically for the mitzvah. For example, the sukkah was built for shade, like those of the non-Jews, women, animals, Samaritans, Shephards, etc. However, a sukkah that was made of its own accord is invalid because it was not made for shade. Therefore, if someone hollows out a stack of grain and makes it into a sukkah it is not a sukkah, because this grain pile was not erected for shade (and what was done afterwards is 'made but not from something made') (Tur). Accordingly, were one to create a space one handbreadth [high] and seven [handbreadths] in area for the purpose of a sukkah, and afterwards hollow it out till it reached ten [handbreadths], it is kosher, since its s'chach was placed for the purpose of shade. If someone makes a big space and doesn't stop until the hole is one handbreadth [high] and seven [handbreadths] and then he digs out a lot and makes a big sukkah there, it is not valid at all. This is because he withdraws seven and doesn't stop from the beginning. If he digs from the two sides to increase the seven, even the seven is invalid as invalid s'chach invalidates from the side within four amot. RAMA: One may not put on the s'chach before finishing the walls. But if he made one tefach and covered it with s'chach it is permitted to put s'chach on it before he makes the other walls, like a situation where one creates a space as above. (Hagahos Maimoni)
Siman 636
1. The Law of an Old Sukkah, 2 Seifim: An old sukkah — i.e., one that was made more than 30 days before Sukkos — is valid provided something new was done to it for the sake of the festival (See Sukkah 9a). For this, even a handbreadth by a handbreadth is sufficient if it is in one place and if the new thing was done for all the Sukkah. And if it was done for the sake of the festival, even if it was done at the beginning of the year, it is valid without anything new.
2. [The following laws apply with regard to] a potter [whose workplace is comprised] of two [adjoining] sukkos, one of which gives access to the other, and he fashions his pots in the inner [sukkah] and sells them in the outer [sukkah]. Though the inner sukkah was built for shade, he does not fulfill [the obligation to dwell] in the sukkah with it because it serves as his dwelling throughout the year. Since he eats, sleeps, and performs most of his activities there, it would not be evident [during the festival] that he is now doing these things for the sake of the mitzvah. He may, however, fulfill his obligation using the outer [sukkah], for he does not dwell in it throughout the year. (Note: See Mishnah Berurah 636:10).
Siman 637
1. Laws Relating to a Borrowed or Stolen Sukkah, 3 Seifim: A person who did not build a sukkah (before the festival), whether unintentionally or intentionally should build a sukkah during Chol HaMoed (and dwell in it), even towards the close of the seventh day. It is permitted to leave this sukkah and dwell in another sukkah.
2. One fulfills his obligation with a borrowed sukkah and one may fulfill his obligation with a sukkah that he owns in partnership with a friend
3. A stolen sukkah is valid. How? If one overpowered his friend, left his (own) sukkah and stole it and then dwelt in it, he has fulfilled his obligation, since land can never be stolen. RAMA: However, initially, one should not sit in his friend's sukkah without his permission; all the more if he sat in it without his permission with the intent of stealing it. Therefore, we do not initially make a sukkah on someone else's property without their permission, and likewise for public property (Hagahos Ashiri). However, after the fact, he has fulfilled his obligation. Therefore, a Jew does not cut his own s'chach; rather he buys it from a gentile, and one does not initially make a sukkah out of anything that is stolen (Maharil). If one stole pieces of wood and made a sukkah with them (and used them as s’chach for his sukkah, the sukkah may be valid) even though he did not attach them to his sukkah but merely placed them on it and didn't change them at all, he has fulfilled his obligation. The Sages ordained that the person from whom the wood was stolen is owed only its value. However, if someone stole a sukkah that was built on top of a ship or on top of a wagon and dwells in it, he has not fulfilled his obligation. RAMA: And this is the law if Reuven built a sukkah on Shimon's land, and Shimon overpowered Reuven and stole the sukkah that was built on his property, Shimon has not fulfilled his obligation with it. The Sages instituted such an ordinance only when one labored (to build a sukkah) for the sake of the mitzvah, and when one invested effort (Hagahos Ashiri
Siman 638
1. A Sukkah & its Decorations are Forbidden [for Mundane Use] Throughout Seven [Days of Festival], 2 Seifim: It is forbidden to make use of the wood throughout the eight days of the festival, whether the pieces for the wall or the s'chach (and even a sliver to use as a toothpick is forbidden)(Maharil). They are not suitable for other things all eight days - because on the seventh day the sukkah itself is entirely muktzeh until twilight since if it is muktzeh for בין השמשות it is muktzeh for the whole day. RAMA: Even if the sukkah fell over it is forbidden, and a stipulation is never effective (Tur). But wood that covers the sukkah is permissible (to be used), see above Siman 518: Seif 8. And if after the minimum requirement for the size of the walls are met and the valid sukkah is complete, one adds a wall it is not forbidden. But if he only made four walls in total it is forbidden and is muktzeh.RAMA: And all of this only applies to a sukkah that one dwelt in one time. However, if one was invited to the sukkah but did not dwell there it is not forbidden, because the invitation is not the main thing (Hagahos Ashiri)
2. And similarly one may not use, during any of the 8 days, food and delicacies that are hung in the sukkah to beautify it, even if they fell and on Yom Tov and Shabbos they are forbidden to move anyway because they are muktzeh (Tur).If one stipulates about them at the time they are hung, and says "I will not refrain from making use of them throughout the time of bein hashmashos ( on all the eight days of the festival) (Beis Yosef), he can then make use of them at any time he wishes, because he did not make them muktzeh and the holiness of the sukkah does not rest on them. (This applies) specifically when he uses this language. If, however, one does not use the above wording when making his stipulation, but merely says, “I stipulate that I will be permitted to benefit from [the decorations] if they fall from the sukkah,” this stipulation is not effective at all. And (likewise) if one says, "I stipulate that I can eat them whenever I want if it is the twilight period between sunset and the appearance of three stars". RAMA: One must make the stipulation before בין השמשות of the first day. There are those Achronim who write that these days it is not our custom to stipulaye [Maharil] and this is how we act regarding the decorations hung from the s'chach. However, regarding the decorations that we place on the walls, for example decorated sheets, it is our custom to move them due to rain even without a stipulation, because there are those who say that it is not forbidden - even regarding the walls themselves; how much more so the decorations. In any event it is good to stipulate regarding them. If the s'chach is made of myrtle or one hangs an Etrog in the sukkah as a decoration it is permitted to smell it, because one does not violate the laws of muktzeh by smell, only by touching. They are forbidden to move. There are those who forbid the above related to a myrtle. [R"an, end of the chapter of the stolen Lulav] like below Siman 653.
Siman 639
What is the Mitzvah of sitting in the Sukkah? That he should eat, drink, sleep, lounge, (Tur) and reside in the Sukkah all seven days, both in the day and in the night, in the same manner in which he resides in his house the rest of year. And all seven days a man makes his house temporary and his Sukkah permanent. How so? The fine dishes and linens, should be in the Sukkah; and drinking vessels, such as glass cups and mugs, in the Sukkah; but eating vessels after eating (Tur), such as pots and plates, outside of the Sukkah. The lantern should be in the Sukkah. And if it was a small Sukkah, he puts the lantern outside the Sukkah. Rem"a: And he must not use the Sukkah for disrespectful things, so that the Mitzvot not be contemptible in his eyes. (Bet Yosef in the name of the Orchot Chayyim)
We eat and drink and sleep in the Sukkah all seven days, both day and night, and we do not sleep outside of the Sukkah, even a very short sleep. But one may eat an insubstantial meal outside of the Sukkah. And how much is an insubstantial meal? Approximately an egg's worth of a loaf of bread. And it is permitted to drink water and wine and eat fruit even if he made it his meal (own opinion) outside of the Sukkah. And he who is stringent upon himself, and will not drink even water outside of the Sukkah, he is praised. And a dish made of the five species [of grain], if he makes it his meal, it considered a proper meal and requires a Sukkah. Rem"a: And nowadays what is practiced to be lenient in the Sukkah, such that only the scrupulously observant sleep in the Sukkah; there are those who say that it is because of the cold, for it is uncomfortable to sleep in the cold places, and it seems to me that this is because the Mitzvah of Sukkah is a man and his household, a man and his wife, and in a place where he cannot sleep with his wife, that he does not have a suitable Sukkah, he is exempt; and it is good to be stringent, and to be there with his wife, just as he resides all year, if he can have a suitable Sukkah.
Eating in the Sukkah on the first night, is obligatory. If he ate an olive sized amount of bread, he has fulfilled his obligation. Henceforth it is optional; if he wished to eat a meal, he eats in the Sukkah; if he wishes, he can eat only fruits and nuts outside of the Sukkah all seven days, like the rules of eating Matzah on Pesach. Rem"a: And he should not eat on the first night until it is certainly night (Bet Yosef in the name of the Orchot Chayyim), and he should eat before midnight (Mahar"i Weill and Mahari"l); and he should not eat during the day from noon and onwards, so that he will eat in the Sukkah hungrily (Mahari"l), similar to eating Matzah.
All seven days, one recites Bible [and studies] in the Sukkah. When one is [trying to] understand [deeply] and be very careful with what one is reciting [and learning, one may study] outside of the Sukkah so that one is more focused. One may pray either in the Sukkah or outside of the Sukkah.
5. If it rains, one may go inside his house. From when is it permitted to go inside? From when so many drops of rain descend into the sukkah that, were they to fall into a cooked dish of beans which spoils quickly if only a small amount of water is added to it, that dish would spoil. RAMA: Even if he does not have a dish in front of him [Sma"g and Hagahos Ashiri]. A person who does not know how to calculate such a measure should reckon: If this same quantity of rain would come down into his house, he would leave his house, he may leave the sukkah. [Hagahos Ashiri; Mordechai; Mahari"l]. All of this applies specifically to the remaining days of the festival of Sukkot. But on the first night, one must eat an olive's worth in the sukkah even if it is raining [Tur; R"an; Rosh] and one must say Kiddush in the sukkah so he can pronounce the Zman regarding the sukkah
6. If one is eating in the Sukkah and it starts raining and he goes into his house and then the rain stops, he is not obligated to return to the sukkah until he finishes his meal.
7. If one is sleeping and it begins to rain at night, and one enters his house and the rain then stops, we do not bother him to return to the sukkah for the rest of that night. Rather, he should sleep in his house until dawn. RAMA: and then he wakes from his sleep (Tur). One who sleeps in the sukkah and it starts to rain does not have to wait the time that it takes for the dish to spoil, because even sleeping in light rain is unpleasant and he is allowed to leave. [Mahari"v] Whenever one is exempt from [the mitzvah] of sukkah, but does not leave the sukkah, he is not rewarded for dwelling there [at that time]. Instead, he is considered a commoner [Hagahos Maimoni]. When one leaves the sukkah because of rain, he should not leave brazenly, but submissively, like a servant who came to pour a drink for his master, and his master poured it out on his face, (as if to say, “I do not desire your service). (Mahari"l).
8. We are accustomed to only bless on the sukkah at the time of eating. (And this is how we [Ashkenazim] are accustomed.)
Siman 640
1. Who is exempt from dwelling in the Sukkah, and in it is 10 paragraphs. Women, slaves, minors are exempt from the (mitzvah of) Sukkah. A tumtum (one has genitalia that are covered, unable to be recognized) or an androgynous is obligated out of doubt (perhaps they are male). And similarly one who is a half slave, half free person is obligated.
2. A minor that does not need his mother (when sleeping), when he is about a boy of 5 or a boy of 6, is obligated in (the Mitzvah of) Sukkah from Divrei Sofrim (words of the scribes, Rabbinical) in order to train him in the Mitzvos.
3. Sick people and those attending to them are exempt from the (Mitzvah of) Sukkah. And not just a sick person who is endangered; rather, even if he has head pain or eye pain. There is one who says that the attendants are exempt only at the time the sick person needs them. Parentheses (Rema): And one who is bloodletting is obligated in the (Mitzvah of) Sukkah [Ohr Zarua and the Haagos Ashiri Chapter HaYashan (2nd chapter of Tractate Sukkah)].
4. One who is discomforted is exempt from the Sukkah, he, and not his attendants. But on the first night even the discomforted one must eat an olive-portion there (Kol Bo). Who is discomforted? He who cannot sleep in the Sukkah because of the wind; or because of the flies, fleas, and their ilk; or because of the smell. But this is only when the discomfort occurred by chance, after he built the Sukkah there, but he shouldn't build his Sukkah a priori in a smelly or windy place, and say, "I am discomforted ". Rem"a: And if he built it, at the beginning, in a place where he is discomforted while eating, or drinking, or sleeping, or he cannot do one of them in the Sukkah since he fears bandits or thieves while he is in the Sukkah, he does not fulfill his obligation in the Sukkah at all, even in the activities in which he is not discomforted , for it is not like a dwelling which one can do all his functions within (Mordekhai, chapter 'HaYashen'). He whose candles in the Sukkah were extinguished, on the Sabbath, and has a candle in his house, it is permitted for him to leave the Sukkah to eat where the candle is, and he does not need to go to his friend's Sukkah which has a candle, if there is great effort involved (Terumat HaDeshen, Part I 5, Terumat HaDeshen, Part II 158). And if the wind is threatening to extinguish the candle, it is permitted to hang a sheet or garment from the side, but not under the skhakh (Or Zarua). He who cannot sleep in the Sukkah, because it is too small for him to extend his hands and legs, is not considered discomforted, and must sleep there, even though he needs to curl up (Terumat HaDeshen, Part I 92), and he cannot say: "I am discomforted", unless it is something from which it is normal for one to be discomforted (Tur). And the discomforted is not exempt unless he will save himself from the discomfort, but otherwise, he must sleep in the Sukkah, even if he is discomforted (Mordekhai, chapter 'HaYashen').
5. A mourner is obligated in the (Mitzvah of) Sukkah.
6. A groom, his groomsmen, and the whole wedding party are exempt from the (Mitzvah of) Sukkah for the 7 days of feasting (i.e. while celebrating the week-long wedding celebration which in this case started prior to Sukkos). Parentheses (Rema): Yet a festive meal for a Bris Milah, or similarly a meal that is eaten near the new mother are obligated in the (Mitzvah of) Sukkah. [Maharik Shoresh 179].
7. One who is sent to do a mitzvah is exempt from the (Mitzvah of) Sukkah whether in the daytime or nighttime. Parentheses (Rema): And also see what I said in Siman 38.
8. Those who are traveling during the day are exempt from the sukkah during the day but obligated at night. Those who are traveling during the night are exempt during the night but obligated during the day. RAMA: This applies specifically when it is possible to find a sukkah. If they cannot find a sukkah, they can go on their way even if they did not sit in the sukkah either during the day or at night, just like the other days of the year when one does not abandon their journey for their house (Ra"n ch. "HaYashen"). Even if one is just traveling during the day, they are exempt even at night because they cannot make a dwelling place there. Those who go to villages to collect debts who do not have a sukkah in those villages should be stringent on themselves to return to their houses each night to eat in the sukkah. Even though it is possible to be lenient, in any event, one who is stringent will be blessed (Beit Yosef in the name Orkhot Hayyim).
9. Those who guard the city during the day are exempt during the day and obligated at night. Those who guard the city at night are exempt at night and obligated during the day.
10. Those who guard fields and orchards are exempt both during the day and at night, because if the guard makes a sukkah, the thief will know that they have a set place and will steal from someplace else. Therefore, if somebody is guarding a collection of crops that can all be kept in one place, he is obligated in the place that they are kept. RAMA: One who makes wine near non-Jews on Sukkot is exempt, whether during the day or at night, because they have to protect [the wine] from being touched by the non-Jews (Hagahot Haimoni ch. 7 in the name of the Sema"k and Kol Bo). If it does not need to be protected, he is obligated.
Siman 641
1. The Blessing Shehecheyanu is Not Recited over the Construction of a Sukkah: One who constructs a sukkah, whether for himself or for someone else, does not make a blessing upon its construction. Shehecheyanu is appropriate to be said when one constructs a sukkah for himself. However, we rely on the blessing Shehecheyanu that we recite during Kiddush on the [first] night of Yom-Tov that [is recited] because of the mitzvah of sanctifying the festival, which is also a mitzvah that comes [only] periodically. (The one blessing covers both requirements).RAMA: If one does not eat in the sukkah on the first night, even though he sanctifies the festival in his house, when he does eat in the sukkah he must sanctify the festival due to the sukkah. If he sanctifies the festival at the time of construction of the sukkah, it is sufficient for him [R"an].
Siman 642
1. When the first night of Sukkot falls on Shabbos, one recites the one blessing that summarizes the seven blessings of Shemoneh Esreh, and ends it with Shabbos only.
Siman 643
The Order of Kiddush, 3 Seifim: 1. The order of Kiddush: wine, kiddush, and sukkah, and then followed by time, since time goes on the sanctification of the day and on the mitzvah of sukkah.
2. But the Rambam sanctifies standing and blesses to dwell in the sukkah and then he sits, followed by time (But we are not accustomed to do as such, but rather to sanctify while sitting, and similarly is the opinion of Rabbi Asher ben Yehiel.)
3. On the rest of the days, we bless over the sukkah before saying "Hamotzi." Our practice is to bless on the sukkah after saying the "Hamotzi" blessing before eating. RAMA: and this is how we act during the week. But on Shabbat and Yom Tov, where Kiddush is said, we sanctify after making Kiddush [Mahari"v]. And if one says Kiddush in the house and eats in the Sukkah, or vice versa, see above Siman 273 Seif 2.
Siman 644
The Order of Hallel during the Festival, 2 Seifim: 1. During Shacharit after the repetition of the Amidah, we take the lulav and bless "on the taking of the lulav" and Shehecheyanu and say full Hallel. The same is done on all eight days. We bless "to finish the Hallel," whether with the community or alone. We do not interrupt during it except for the ways that are done during the reading of the Shema: in the middle [of a section] we greet somebody who we fear and respond to somebody who we respect, and between the sections we greet somebody who we respect and respond to anybody. If one interrupted in the middle with enough time to say it all, they do only need to return to the place that they stopped.
2. During Hallel, even ten people can sing at the same time.
Siman 645
The Laws of Lulav, 9 Seifim: 1. A lulav whose leaves are separated from each other but did not become loose like palm leaves is kosher even if it is not bound. RAMA: However, it is the preferable way to do the mitzvah to have a lulav whose leaves are totally separated (the Maggid, the Ra"n ch. "Lulav haGazul").
2. If its leaves burst — that is, they became loose from the spine of the lulav like palm leaves, (meaning that they do not rise from the spine and instead hang down (the Maggid ch. 8) — it is invalid. RAMA: And obviously [it is invalid] if its leaves burst and were uprooted from under the spine, in which case it is invalid even if bound (Tur, Ra"n ch. "Lulav haGazul"). Similarly, if the leaves became hardened, like wood, and it is impossible to attach them to the spine, it is invalid (Tur and Beit Yosef). All of this refers to a majority of the leaves. But if a minority became that way and the rest of the leaves remain and the lulav is still covered in leaves, it is kosher (Ra"n ch. "Lulav haGazul").
3. Lulav leaves grows like this: when they grow, they grow in pairs attached together from the back. The back of these sets is called the tyomet. If the tyomet is split (in most of the leaves) (Tur, Beit Yosef) it is invalid. If the leaves grew individually from the beginning, such that there is no tyomet, or if all double leaves are on one side and the other side has no leaves, it is invalid. RAMA: Some interpret this as meaning that if the central top leaf on top of the spine is split across the spine, it is considered a split tyomet and is invalid, and this is our practice (Trumat Hadeshen 97). However, initially it is the preferred way to do the mitzvah to get a lulav whose top leaf is not split at all, because there are those who are stringent when even some of it is split. If that leaf is not double from the beginning of its growth, it is invalid (Kol Bo).
4. If the leaves were not one on top of the other like lulavs are but rather one below the other, if the head of one reaches the stem of the one above it such that the whole spine of the lulav is covered in leaves, it is kosher. If the head of one does not reach the side of the stem of another or there are not many leaves on top of each other, just one from each side reaching the stem of another, it is invalid.
5. A lulav where the majority of leaves have dried out (or its spine) (Tur) is invalid. The measure of dryness is when the greenness is finished and it whitens. RAMA: Some say that it is not considered dried until a fingernail can disintegrate it due to its dryness (Tur quoting Tosafot) and this is the practice in these countries, where there are not palm trees (Hagahot Maimoni ch. 7).
6. If the top [of the lulav] was severed, meaning that most of the top leaves are severed, it is invalid. RAMA: If the top central leaf on the spine was severed, it is invalid (the Maggid, Ra"n ch. "Lulav haGazul"), assuming there is another [lulav]. If there is no other one, we bless on this one (Mordechai ch. 3 and Minhagim).
7. If it cracked and the two sides are so separated that it looks like two, it is invalid. RAMA: Even if the top tyomet is not split such that the lulav would be invalidated because of the split tyomet.
8. If it has thorny things on its spine, was smashed, shrunk, or bent forwards such that its spine was like the back of a hunchback, it is invalid. Similarly, if one side was bent, it is invalid. But if it is bent backward, it is valid, because this is how it grows.
9. If it is bent at the top, it is invalid. This is specifically when its spine is bent. However, if its leaves are bent at the top, as they are in many lulavs, it is valid.
Siman 646
The Laws of the Hadas (Myrtle), 11 Seifim: 1. If the myrtle's head is severed, it is valid. If most of its leaves fell off but three remain on one stem, it is valid.
2. If its berries outnumbered its leaves and they are green, it is valid. If they are red or black, it is invalid. If their numbers were diminished, it is valid, though we do not diminish them on Yom Tov because it is considered fixing. If one sinned and picked [the berries] or one picked them off one a time to eat them, it is valid. And after the first day, they are valid in any event (Beit Yosef in the name of the Orkhot Hayyim).
3. "Boughs of a dense-leaved tree" [Leviticus 23:40] talked about in the Torah are myrtle whose leaves cover its tree, with three or more leaves from one node. However, if there are two leaves at the same level, one opposite the other, and a third one above them, this is not considered dense; rather, it is considered wild myrtle. RAMA: And it is valid, even in an emergency. There is an opinion in the Gemara that it is valid. That is why in these countries, we initially use these myrtles that are imported and do not have three leaves from one node. There is one who says that our myrtles are not considered wild myrtle because they are two by two and are not like the wild myrtle in the Gemara. Therefore, our practice is to be lenient, following what was written by Mahari"i Kolon and Mahar"i Iserlin z"l in their responsa.
4. If there were many [leaves] from one node and they fell off leaving only three in one node, it is kosher, even if the majority fell off, like if there were seven and four fell off.
5. For the mitzvah, we require the whole length of the myrtle to be dense. In order to hinder fulfilling the obligation, a majority suffices (even if it is not at the top) (Tur).
6. If they completely dry out, they are invalid. If they are slightly dried, they are valid.
7. Regarding the criterion for dryness, even if they can be disintegrated by a fingernail, as long as they are still green they are kosher. They are not considered dry, just whitened.
8. If most of its leaves dried out, but there remains on each of the three branches a stem with three non-dry leaves, it is valid. Some say that if among the three on one stem two dried out and there is only one non-dry leaf, it is valid, provided that the leaf is above the other two.
9. If the leaves that did not dry out are semi-dry, some say they are invalid and some say valid.
10. If its top is severed it is valid even if no berry grew in its place. The same is true if its top is dried. Some invalidate the severed top. RAMA: It is best to be stringent in places where you can get another (the Maggid). It is not considered severed unless the wood is cut (Ra"n).
11. If one only has myrtle whose berries outnumber its leaves, one should take it on Yom Tov and not bless on it.
Siman 647
The Laws of the Aravah (Willow), 2 Seifim: 1. "Willows of the stream" mentioned in the Torah is a known species that is called that. Its leaf is long like a stream, its leaf edge is smooth, and its stem is red (and even when it is still green it is valid (Beit Yosef)). Most of this species grows by streams, which is why it is called "willows of the stream." Even if it were to grow in the desert or the mountains, it is valid. There is another species similar to the willow but with round leaves with edges serrated like a massar (meaning a sickle, siga in the vernacular) and a non-red stem. This is the tzaftzfa, and it is invalid. There is a kind of willow whose leaf edge is not smooth but rather has many small protrusions like a small sickle, and it is valid.
2. If a willow dried out, had most of its leaves fall off or had its top severed, it is invalid. If it only partially dried out or had some of its leaves fall off, it is valid. The Ramba"m validates one with a severed top.
Siman 648
Things That Invalidate An Etrog, 22 Seifim: 1. A dried-out etrog is invalid. The criterion for dryness is not being able to find any moisture, which can be checked by putting a needle and thread through it. If there is moisture, it should be visible on the thread. [An etrog from the previous year is certainly dry and invalid (Responsa 5 of the Mahari"l)].
2. An etrog that has a puncture of any size that goes through its entirety is invalid. If it does not go through but is the size of an issar [coin], it is invalid. If it is missing any amount, it is invalid. Some say that with a puncture that goes through we require some to be missing and with one that does not go through we require it to be missing an issar's worth. RAMA: It is the practice to validate punctures that are made by thorns while on the tree even if there is some missing because this is how they grow (Trumat Hadeshen 99). However, if one sees that the skin and flesh don't remain in the puncture, it is invalid according to the first opinion even if it doesn't go straight through. In an emergency, one should be lenient according to the second opinion, allowing some to be missing if it is not the size of an issar and is not a piercing that goes through (his own opinion).
3. Some interpret "going through" simply to mean that the piercing goes from one side to the other. Some say that once the piercing gets to the core that contains the seeds, it is considered through.
4. An etrog whose inner flesh has disintegrated, whose outer peel remains, and whose core on the inside remains is valid. Some consider it invalid.
5. If it is split from the top to the bottom, even if nothing is missing it is invalid. If there is something above and below [the split], it is valid. There is one who says that this only applies to the bottom, but if there is any [split] at the top, it is invalid. RAMA: And some are stringent, invalidating it when a majority of it is split. Whenever most of its thick peel is not split, it is not considered a split (Rabbeinu Nissim).
6. If the outer peel is removed such that nothing is missing and it remains the same green that it is when it grows, if all of the peel is removed, it is invalid. If some of it remains, it is valid. Some require a sela coin's worth to remain....
7. If its tip, which is the small head that holds the shushanta, is removed, it is invalid. RAMA: Some are stringent [and invalidate] if the shushanta is removed, that which we call the pitma (Ra"n), and it is good to be stringent where possible. However, legally it is not invalid unless the head is removed, which is the wood that the pitma head sits on, and this head is called the shushanta (the Maggid). This all specifically refers to cases where it was removed. However, if there never was a tip, it is valid, as is the case with most etrogs that are brought to these countries (Ros"h).
8. If the branch that it hung from in the tree was removed from the etrog leaving a carve-out, it is invalid. RAMA: If part of the branch was removed and some thickness remains such that the whole carve-out is covered, it is valid (Tur).
9. If boils (translated as yalefet or hazazan) grew on it in two or three places, it is invalid. If they are only in one place but over the majority of it, it is invalid. If they are on the top of any size, it is invalid. The top is considered the place that it begins to narrow and sharpen towards its tip.
10. There are some who say that the case above, where two or three breakouts rendered it invalid, is specifically when the spots spread across the majority of it, even if in the breakouts themselves the spots are the minority. However, if the spots are spread across a minority of it, like if they are all on one side, it is valid. Some invalidate even when they are the minority of one side.
11. If the breakout is half and half in one place, some validate and some invalidate.
12. Starting from the top, which is the point at which it sharpens until the pitma, any boil outbreak invalidates, as does any change in appearance. There is one who says that also any dryness invalidates there.
13. Boils are like human boils, and they are material such that touching them, it is apparent that they rise from the etrog. RAMA: Therefore, we validate boils that are called bla mul because they are not higher than the rest of the etrog (Mahari"l). There is one who writes that these should be validated because they are considered to look like the etrog, as many etrogs have them (Trumat Hadeshen 99).
14. If it got boils that would invalidate it or if it was spotted, if they cut [the growths] off and it returns to looking like an etrog, it is valid (after it is cut and does not have any material lacking).
15. If water fell on it after it was picked and it swelled or decayed or if it was pickled in vinegar or if it was cooked or if it was spotted, it is invalid.
16. If it is black or white in one place, it is invalid if it is the majority [of the etrog]. If [it is black or white] in two or three places, it is treated like boils, invalidating even in a minority.
17. In a place in which their etrogs are slightly black, they are kosher. If they are as black as an Ethiopian, they are always invalid.
18. One that is round as a ball is invalid.
19. If one grew it in a mold and shaped it to look like something else, it is invalid. If one shaped it to look like it should, it is valid even if it is shaped like many planks.
20. A conjoined etrog, when two etrogs grow attached to each other, is valid.
21. A green one like the grass of the fields is invalid unless it returns to look like an etrog, in which case it is valid after leaving it.
22. The dimensions of a small etrog that are smaller than an egg is invalid. If it is the size of an egg, even if it is unripe and has not finished growing, it is valid. It can be however big and is still valid.
Siman 649
Things That Invalidate The Four Species, 6 Seifim: 1. All of the four species are rendered invalid if they are obtained by theft or robbery, whether the owners have not yet given up hope of recovering or whether they have. However if one stole it and then established ownership of it by means other than doing the mitzvah, like one who stole a lulav and then improved it, it is valid, as he acquired it with this changing action. However, he should not bless on it. There is one who says that the object obtained by theft or robbery is only invalid for the thief or robber themselves, but is valid for others on days besides the first day. RAMA: Because of this one should be careful not to have a Jew themselves trim one of the [trees of the] four species of the lulav to make a lulav, because land cannot be [acquired by a changing action after it was] stolen and the typical non-Jew steals land, meaning that the stolen object will end up in one's hands. Rather, have the non-Jew trim and buy it from him (responsa of the Rashb"a 852, Hagahot Ashiri end of ch. "Lulav haGazul"). There is no distinction in this regard between the Land of Israel and outside of the Land (Or Zarua). A lulav that was made and assembled by a non-Jew is valid, just like the sukkah of a non-Jew (Mordechai in Minor Halakhot).
2. The same applies to a borrowed [lulav] on the first day, when we need it to be "yours." RAMA: One who takes a vow not to benefit from his lulav or from another's lulav cannot fulfill his obligation with it on the first day, because it is not "theirs" (responsa of Rashb"a 746 and 747).
3. Similarly, [a lulav] from a condemned city [due to idolatry] or one from an Ashera tree belonging to a Jew is invalid. However, one belonging to a non-Jew should not be taken initially, but if one took it on a day after the first day, they fulfilled their obligation, as we do not require it to be "yours." RAMA: This is specifically when one does not intend to acquire it. But if one intends to acquire it, it is a Jew's, and the obligation is not fulfilled. This is specifically before it is nullified [of its idolatry], but if it was nullified by the non-Jew, even if one intends to acquire it afterward, the obligation is fulfilled, though not initially (Rabbeinu Yerucham 8:3 and Ra"n). See 586.
4. One is permitted to take a lulav or other of the species for the mitzvah from the gardens or similar things at their places of worship [even if the tree was planted in front of idol worship as long as they have not worshiped the tree) (Rabbeinu Yerucham 8:3)].
5. Whenever we said that they were invalid due to defects or because they were stolen or robbed, this only applies on the first day of the holiday, but they are valid on the other days. RAMA: Some prohibit the stolen [lulav] for all seven days, and this is the practice. But one can fulfill the obligation with a borrowed [lulav] (Tur and Maggid in the name of the Poskim). It is permitted to take an acquaintance's lulav without permission the other days, because people like when a mitzvah is done with their possessions, and it is considered borrowed (Trumat Hadeshen 100 and his responsa 159). One with part of it missing is valid the rest of the days (Tur). One missing its pitom or the bottom tip is treated like one with part missing and is valid after the first day (Rabbeinu Yerucham 8:3). However, if mice punctured it, it should not be taken even on other days because it is gross (Kol Bo) until the mice bites are removed. However, if it was dry or spotted it is invalid all seven days even if the dry spot or spots are cut off, because it came from something invalid (Hagahot Ashiri ch. "Lulav haGazul"). It is permitted, initially, to stipulate on an etrog that it be just for the first day and that one will not separate from it from twilight of the second day on, and then it is permitted to eat from it on the second day on and to use it to fulfill the mitzvah if enough remains (Beit Yosef quoting the Ros"h), though we are not experts in stipulations as we said above at the end of Siman 638 in the note. If it is invalid because of idolatry, because it is forbidden to eat the etrog, because it is not the right species, or because it is not the right size, it is invalid both on the first day and on the subsequent days (and boils invalidate all seven days (Rabbeinu Yerucham 8:3 and Ra"n ch. "Lulav haGazul").) Those who make two days of Yom Tov can take things that are invalid on the first day and use them on the second day but should not bless on them (and if somebody else has a valid lulav and etrog, they should bless on the other one with permission (his own opinion)).
6. In an emergency when there is no valid set, any invalid set should be taken without blessing. RAMA: Some permit even blessing on a dry lulav (Rambam ch. 8 and the Maggid) and the practice is to bless on dry lulavs even when there are other wet ones (Agur). However, one does not behave that way with the other species. Some are lenient even with dry myrtle (Hagahot Maimoni and Mordechai), and they can be relied on in an emergency. Even though an etrog missing a part is valid on the later days, one should not cut up an etrog into two or three pieces and distribute it to fulfill the obligation, even in an emergency, because only one missing a part that still has the core is valid, but in this case, it would be considered slices of an etrog and not an etrog (Ra"n and Piskei Mahara"i 52). All of this refers to the blessing. Without a blessing, one can take any of the invalid ones and not bless on them (Tur).
Siman 650
The Required Measurements for the Myrtle and Willow, 2 Seifim: 1. The minimum size for myrtle and willow is three tefachim. For the spine of the lulav, it is four tefachim, such that the spine of the lulav extends one tefach beyond the myrtle. [The tefach we are talking about can be gotten by] taking an amah of five tefachim and dividing it into six, using three for the myrtle. The measure of the myrtle and willow ends up being 2.5 [normal] tefachim, which is ten godels. The measure of the spine of the lulav is thirteen and a third godels. There is one who says that the minimum size of the lulav spine is fourteen godels. And there are those who say that the minimum size of the myrtle and willow is twelve godels and the minimum size of the lulav spine is sixteen godels (and we do this, initially).
2. They have no maximum size. There is one who says that if you add to the length of the myrtle and willow, the spine of the lulav must extend one tefach beyond them.
Siman 651
The Laws of Taking The Lulav and Its Blessings, 15 Seifim: 1. The mitzvah of the four species is for every individual to take one lulav, two willow branches, and three myrtle branches (and in a place where there is no valid myrtle, one non-trimmed branch is sufficient (Beit Yosef 646 quoting Orkhot Hayyim)). It is a mitzvah to bind them together with two bindings, one on top of the other, to make it nicer. One can use a different material [that is not one of the four species] to bind them. If the leaves under the binding fell out such that they interpose [between one of the species and binding] there is no concern (as one species does not [problematically] interpose itself. Therefore, one should be careful to remove the string that is often tied around the myrtle (Mahari"l)). If one did not bind it during the day [before Sukkot] or if the binding became undone, it is not possible to rebind it on Yom Tov with a real knot. Rather, one should merely loop around it. RAMA: There are those who suggest making the tie in a different way, wrapping around the three species, and then inserting the head of the wrapper into the loop (Tur), and this is the practice. The practice is to attach the myrtles slightly higher than the willows (Mahari"v). The myrtle and willow should be inserted deep enough into the lulav binding such that one can pick up all three in their hand while making the blessing (Mahari"l). There are those who suggest making three bindings on the lulav, and this is our practice (Mordechai ch. "Lulav haGazul").
2. One should take the bunch with the right hand, with the heads facing up and the bases down and the etrog in the left hand.
3. A leftie holds the lulav in their right hand and the etrog in their left, following the strong and weak hands of everybody else and not their strong and weak hands. RAMA: And some say that we go according to their dominant hand and the lulav should be held in their "right" hand, which is their left hand (Ros"h, Rabbeinu Yerucham, and Mahari"v), and this is the practice and the law. If one switched them, he has fulfilled his obligation (Mahari"l and Minhagim). One who is ambidextrous should hold the lulav in their right and the etrog in their left hand, like everybody else (Kol Bo).
4. A person with no hand should hold the lulav with their arm. The same goes for the etrog.
5. One should bless "regarding the taking of the lulav" and Shehecheyanu before taking the etrog, such that the blessing be before the action. Alternatively, one can flip over the etrog until they bless. RAMA: One should bless standing (Mahari"l and Kol Bo). The blessing should only be said once a day, even if one takes [the lulav] multiple times (Mahari"v).
6. The Shehecheyanu should not be made while making the lulav but rather while taking it.
7. If one made a handle and placed the lulav in it and picked up [the handle], this is fine because picking something up by means of something else is called taking it, as long as it is in a respectful way. However, if it is disrespectful, like placing the lulav in a vessel and taking that, the obligation is not fulfilled. If one wrapped a garment around it and picked it up or wrapped it around his hand, some say that the obligation is not fulfilled. RAMA: The practice is to be stringent and to remove tefillin (Mahari"l) and rings from the hand. However, legally there is no concern, given that the whole hand is not covered (Agudah ch. "Makom sheNahagu").
8. One should shake when one blesses. One should shake when saying "Hodu Lashem" once (and we shake on every "Hodu" that we say (Tur and Ros"h)). During the "Hodu Lashem" at the end when it is doubled, the leader and community shake twice. Similarly, during "Ana Hashem hoshiah na" we shake twice because we say it twice. RAMA: And some say that the leader should also shake when saying "Yomar na Yisrael..." though not during "Yomru na...," and this is the practice (Hagahot Ashiri ch. "Lulav Hagazul, Mahari"l, Minhagim).
9. Shaking involves extending the hands to the front and shaking three times outwards and three times inwards (disturbing the lulav and shaking the leaves each shake (Ra"n ch. "Lulav HaGazul"). After this, one extends the hands to another side and repeats. Similarly, for each of the four sides, up, and down. RAMA: The extension and retraction itself is the shaking, as one extends and retracts three times in each direction (Tur in the name of a gaon). One points the tip of the lulav in the direction of the shaking. When shaking down, point it to the ground, which is considered similar to how it grows (Beit Yosef) based on holding it in the hand the way that it grows (Beit Yosef). Some are precise not to flip over the lulav when shaking down (Mahari"l and Beit Yosef in the name of his father who heard from Mahar"ar Shachnah that he saw this from Mahar"ar Yaakov Polk, and it is written in the writings of the Ar"i). The practice is like the first opinion, and this seems to me to be right.
10. One should cycle to the right when shaking: east, south, west, and north.
11. The etrog should be touching the lulav when shaking, shaking both at the same time (none of the shakes are completely necessary. However one shakes, they fulfill the obligation after the fact).
12. These four species are all mutually necessary. If one lacks one of them, they should not bless on the rest and should just take them for memory's sake whether on the first or subsequent days (Ros"h, Rabbeinu Yerucham 8:3, Mahari"k Shorsch 41). If they are all in front of him and he took them one by one, he has fulfilled his obligation. RAMA: as long as they are all in front of him (Rambam ch. 6). The lulav should be taken first and blessed on, with the intention that it apply to the others. If one talked between them, he must bless on each individually (Hagahot Maimoni).
13. If one is missing one of the species, they should not take a different species in its place.
14. One should not add another species to the four species due to the prohibition against adding.
15. One should not take more than one lulav and one etrog. However, one can add as many myrtle or willow as they want. Some invalidate putting wild myrtle in the lulav beyond the three that satisfy the density requirement, and some allow it. Those who are precise do not add beyond the two willows and three dense myrtles.
Siman 652
The Time For The Taking Of The Lulav, 2 Seifim: 1. The mitzvah of lulav is during the day and not at night. The whole day is fitting for taking the lulav; if one did not take it in the morning, they can take it later. In any event, those who are prompt do mitzvahs early and take it in the morning. Its time starts at sunrise. The core time to do the mitzvah is during Hallel. If somebody needs to wake up early to travel, they should take it at dawn. RAMA: One who is precise should hold the lulav in their hand when entering the house or the synagogue, even during prayers, and also when returning home, so as to be affectionate towards the mitzvahs (Tur).
2. It is forbidden to eat before taking it. If one forgot and ate and remembered while eating, if it is the first day when it is a Torah obligation, they should stop [and take the lulav] even if there will be sufficient time in the day to shake it after eating. On subsequent days, if there will be time [after eating] they need not stop [eating]. Otherwise, they should stop. RAMA: If one started eating more than a half-hour before the onset of the obligation, even on the first day, one need not stop [eating] as long as there will be time during the day (Ra"n ch. "Lulav haGazul").
Siman 653
It is forbidden to smell the myrtle 1. It is forbidden to smell the myrtle that is used for the mitzvah. Technically, it is permitted to smell the etrog, but because there is a disagreement about whether or not to bless on it, one should refrain from smelling it.
2. If [one of the four species] was made for [use as one of the four species] but was not lifted to fulfill an obligation, it is still permissible to get benefit from it [by using it for a non-mitzvah purpose].
Siman 654
That One Can Return The Lulav Into Water On Yom Tov: A woman can take the lulav from her son or husband, put it back in water, and add water as necessary, though she cannot switch out the water. On Hol Hamoed, it is a mitzvah to switch it out so that [the four species] stay moist and beautiful. RAMA: It is the practice to take a new willow branch each day of Hol Hamoed and attach it to the lulav as a way to beautify the mitzvah.
Siman 655
1. If a non-Jew brought a lulav to a Jew from outside of the techum, it is permitted even to the person that it was brought for. RAMA: See 586:21, 586:22, and 307:3 for whether it is permitted to tell a non-Jew to walk [outside the techum] or to desecrate Yom Tov.
Siman 656
One must pursue beautification of the mitzvah when buying an etrog: If one bought an etrog that can just barely fulfill the obligation, i.e. if it was exactly an egg-size, and afterward found a bigger one, it is a mitzvah to pay up to a third more than the price of the first to swap it out for the nicer one. There is one who says that if there are two etrogs available for purchase, one nicer than the other, the nicer one should be purchased if it is not more than a third more expensive than the other one. RAMA: Somebody who doesn't have an etrog or some other [objected associated with a] mitzvah whose time will elapse need not dispense much wealth on it, as they said, "One who dispenses [money to charity] should not dispense more than one-fifth [of their wealth]" [Ketubot 50a], even with respect to a mitzvah with a time that will elapse (Ros"h, Rabbeinu Yerucham 13:2). This specifically applies to a positive mitzvah. However, regarding a negative mitzvah, one should spend all of their wealth rather than sin (Rashb"a and Raavad). See the end of 658 in the Rama.
Siman 657
1. If a child knows how to shake the lulav properly, his father is obligated to buy him a lulav in order to educate him about the mitzvahs.
Siman 658
The Laws of the Lulav on the First Day of Yom Tov, 9 Seifim: 1. By Torah law, the mitzvah of lulav only applies on the first day outside of the Temple, but the Sages decreed that one should do it everywhere for all seven days.
2. It is not taken on Shabbat even if it is the first day. RAMA: It is forbidden to touch the lulav on Shabbat as it is likened to a stone (Ra"n the end of ch. "Lulav haGazul", Maggid ch. 4, Kol Bo). However, it is permitted to touch the etrog because it can be smelled. It is forbidden to put it on clothes even on Yom Tov because it imparts a scent (Mahari"l).
3. A person does not fulfill the obligation on the first day with a lulav loaned by somebody else because we require it to be "yours," of your possessions. Even if they said "This is yours until you fulfill your obligation, after which point it will be mine as it was initially," the obligation is not fulfilled because it is basically borrowed. However, if it is given as a gift, it is permitted.
4. If it was given on the condition that it be returned, the obligation is fulfilled and it should be returned, as a gift on the condition that it be returned is considered a gift. If it is not returned, the obligation is not fulfilled, even if the value is paid, and even if this is due to duress. Similarly, if it is returned after the time for the mitzvah is over, the obligation is not fulfilled. Rem"a: It is permitted to give an etrog on the condition that it will not be sanctified because this is no worse than a gift on the condition that it be returned (Ra"n ch. 5 of Nedarim).
5. If it was given with no specification, this is considered as if they said "on the condition that you return it to me," because we assume that with this intention it was given because it is needed for the obligation and they have no other. If it is not returned, the obligation is not fulfilled. Rem"a: One must return and give it back to its owner as a gift so that the owners will have it to use for the obligation (Ros"h and Rabbeinu Yerucham 8:4). That said, even if one did not give it back directly but rather to another and another to another and the last person gives it back to the owners, the obligation is fulfilled.
6. One should not give it to a child on the first day before fulfilling the obligation because a child can acquire but not bequeath by Torah law, and it will turn out that when it is returned it is not actually returned. There is one who says that if they have reached the age of understanding commerce, it is permitted. If one holds it together with the child, the obligation is fulfilled; because it has not left his hands, it is fine.
7. If two purchase a lulav or etrog together, neither can fulfill the obligation on the first day until one gives their share as a gift. Rem"a: This is specifically when they did not buy it for the mitzvah. However, if they did buy it for the mitzvah, they can fulfill their obligation with it because we assume that this was their intention when they bought it (Maggid).
8. If brothers buy etrogs from their joint inheritance and one takes the etrog, he fulfills the obligation if he could eat it and they wouldn't be angry. If they would be angry, he does not fulfill his obligation until they give their portions as a gift. If one bought an etrog and another bought a quince, or if they together bought an etrog, a pomegranate, and a quince from their inheritance, he cannot fulfill his obligation with the etrog until they give up their portions as a gift. Even were he to eat it, they would not be angry; because there is no other fruit of the same species, their presumed permission is not sufficient. However, if there is something else of the same species, even if one is better than the others, their presumed permission is sufficient because they will not be angry.
9. The practice in places where there are not etrogs wherein the community buys an etrog together [works] because since they bought it to fulfill the obligation, we assume that they specified that all of the community relinquishes their shares to whoever is using it to fulfill the obligation, on the condition that it be returned. Rem"a: We collect etrog money according to wealth, because beautification of the mitzvah applies more to the rich than to the poor. A woman is exempt from giving etrog money because she is not obligated in it (responsa of Mahari"l 114). Every man should take efforts and be hasty to perform the mitzvah of buying an etrog and lulav so as to fulfill the mitzvah fittingly (Hagahot Maimoni end of Laws of Lulav).
Siman 659
The order of Torah reading on Sukkot: We take out two Torah scrolls. From the first we read "When an ox or lamb..." from Emor [Leviticus 22:27], and from the second we read the maftir from the section on mussaf sacrifices "On the fifth day of the seventh month" [Numbers 29:12]. The haftarah is from Zachariah "Behold a day is coming..." [14:1].
Siman 660
The Order of Circling the Bimah, 3 Seifim: 1. The practice is to bring a Torah scroll to (the bimah) and to circle it once each day and seven times on the seventh day, in memory of the Temple Rem"a: And we take seven Torah scrolls onto the bimah on the seventh day (Mahari"l). There are places that take out every Torah scroll in the Ark (Minhagim) (and that is the practice in these countries).[This is] because they would circle the altar. The circles go clockwise. And on Shabbat we do not circle (Tur) nor do we take Torah scrolls on to the bimah.
2. It is the custom for even those without a lulav to circle. Rem"a: And there are those who say that those without a lulav do not circle, and this is our practice (Tur in the name of Rashi and Ra"n ch. "Lulav"). On the seventh day we take the willows with the lulav while circling (Beit Yosef.). One who goes into mourning during the holiday does not circle. The same is the case for anybody within twelve months of a parent's death (Kol Bo). This is the practice.
3. There is one who says not to say Hoshanot on Shabbat, though our practice is not like that.
Siman 661
On the second night, we say Kiddush and Shehecheyanu immediately afterward, followed by the blessing over the sukkah. (This is the opinion of the Ros"h, and it is fitting to do this.)
Siman 662
The order of prayers on the second day of Sukkot, 3 Seifim: 1. On the second day, we bless "...on the taking of the lulav"; the same for the other days.
2. Shehecheyanu is not said on the second day over the lulav unless the first day was Shabbat.
3. We take out two [Torah] scrolls and read the same sections that were read the previous day. The haftarah is from Kings, "They gathered" [Kings I 8:2] until "when I took them out of Egypt" [Kings I 8:21].
Siman 663
The order of prayer on Chol Hamoed, 3 Seifim: 1. On Hol Hamoed, we take out a Torah scroll and read four sections about the sacrifices of the holiday from Pinchas. On the first day of Hol Hamoed, the first reading is "On the second day," the second reading is "On the third day," the third reading is "On the third day" again, and the fourth reading, reflecting the doubtfulness of the day, is "On the second day...And on the third day." We read this way all the other days. Rem"a: There are those who say that the first two read the doubtful day portions, the third reads tomorrow's section, and the fourth goes back and reads both doubtful day portions that were read by the first two readers, and this is our practice. On the seventh day, the first reading is "On the fifth day," the second is "On the sixth day," The third is "On the "On the seventh day," and the fourth is "On the sixth day...and on the seventh day." This is our practice (Rash"i in the name of his teachers, Mahari"v, Minhagim). In Israel, where there is no doubt about the day, they only read the sacrifice of the day. On the second day, which is the first day of Hol Hamoed, the first reading is "On the second day" and the three next readers read the same section. This is done for the rest of the days.
2. On Shabbat of Hol Hamoed, Arvit, Shacharit, and Mincha are like on Shabbat with the addition of "Yaale v'yavo" in the Avodah section. In Mussaf, we say "You have chosen us," "Because of our sins...", "this holiday of Sukkot and this day of pleasure," finishing with "who sanctifies Shabbat and Israel and Holidays." Rem"a: The practice is to read Ecclesiastes on the Shabbat of Hol Hamoed or on Shmini Atzert if it falls on Shabbat (Mahari"l). See 490.
3. We take out two Torah [scrolls]. From the first, we read "Look, you have been telling me..." [Exodus 33:12] and the maftir reads from the sacrifices corresponding to the possible day. The haftarah is from Ezekiel, "It will come to pass on the day that Gog comes..." [Ezekiel 38:18].
Siman 664
The Order of Prayer on Hoshana Rabbah, 11 Seifim: 1. On the seventh day, Hoshana Rabbah, it is customary to sing lots of psalms, like on Yom Tov. Rem"a: We do not say "Nishmat, " we do say "Mizmor l'Todah," we say "Ein Kamocha" and "Shma Yisrael" [in the Torah service] like on Yom Tov. We sing the kaddish after Mussaf in the Yom Tov tune. One normally does not do weekday labor until after leaving the synagogue. We say the song "Zchor Brit" when there is a circumcision on Hoshana Rabba, and we say it before "Ana hazon hin...." The early rabbis z"l wrote that the shadow of the moon on Hoshana Rabba evening holds a sign for what will happen to a person and their family in that year. There is one who writes not to be concerned with this so as not to upset one's fortune and also because many do not understand this matter fully. It is better to be pious and not to investigate the future. This is how it seems to me. We have lots of candles, similar to Yom Kippur. Those who are careful have the practice of immersing themselves before dawn, just like on the day before Yom Kippur (Minhagim). There are some who wear a kittel like on Yom Kippur. This is because on the holiday [of Sukkot], the matter of water is decided. It is customary to unbind the lulav. We circle seven times and say many prayers about water.
2. We take a willow branch on this day, besides the willow in the lulav, and we do not bless on it. Rem"a: Some have the custom wherein the shamash of the synagogue brings willow to sell just like the custom in the Temple when it existed (Ra"n ch. "Lulav v'Arava").
3. There is one who says that even on this day, we circle with the lulav and not the willow. This is not our practice. Rather, we circle also with the willow.
4. The minimum quantity for this willow is even one leaf on one branch. Rem"a: However, it is unseemly to have one leaf on one branch (Tur in the name of Rav Hai) and the custom is, therefore, to make the hoshanot pretty in the name of "This is my God and I will make Him beautiful." The minimum length is the same as for the willow in the lulav. Rem"a: Everything that invalidates the willow in the lulav invalidates this willow (from Ra"n ch. "Lulav v'Arava"). We beat it on the ground or on a vessel twice or thrice. Rem"a: There are those who say that it must be shaken (Tur quoting Rash"i). It is customary to do both; we shake it and then beat it.
5. It should be taken alone. Nothing else should be bound with it. However, if there is something else in one's hand, it is not a problem.
6. One cannot fulfill the obligation with the willow from the lulav, even if it is lifted twice, once as a lulav and once as a willow. There are those who say that the obligation is fulfilled this way.
7. There is one who says that one cannot take [the willow] with the lulav when fulfilling the obligation [of lulav] until after making the blessing and shaking it at the beginning, and if [the willow] is taken, the sin of adding things is committed. After the first shake, it can be taken with the lulav, and obviously during the circles. Even though when he wrote that taking it is the sin of adding things, that was a mistake, in my opinion, in any event, there is no loss in heeding his words. He further wrote that after the taking and shaking, the willow alone should be held to show that it is obligatory, and when beating it, it alone should be held, and one thereby fulfills their obligation. Rem"a: The widespread practice is to take the willow with the lulav at Shacharit when shaking and circling until the beating, at which point the willow alone is held. It is better to not hold it together with the lulav at all. It seems to me that even one who holds it with the lulav should put the lulav down after the circles and hold the willow alone, otherwise known as the hoshanot, during all of the supplications about water. We shake the hoshanot when we say hoshanot and afterward beat them.
8. There is one who says that even when the willow from the lulav is discarded, it should not be stepped on (and see 21 regarding tzitzit).
9. There is one who says that it is forbidden to benefit from the willow after it is taken unless it was stipulated from the beginning because each day it is dedicated to the function of its mitzvah. Rem"a: It is customary to store the hoshanot for the baking of matzos so as to do a mitzvah with them (Mahari"v and Mahari"l).
10. There is one who says that a Jew should be careful not to cut the mitzvah willows from a non-Jew's field, even with the non-Jew's permission.
11. If Hoshanah Rabbah falls on Sunday and a non-Jew cut the willow on Shabbat and brought them, they are valid. Rem"a: That said, if a Jew ordered him to cut them and this is publicly known, one should be stringent if there is another willow (Beit Yosef quoting the Rashb"a's responsa).
Siman 665
It Is Forbidden to Eat the Etrog on the Seventh Day, 2 Seifim: 1. It is forbidden to eat the etrog on the seventh day because it is dedicated [muktzeh for its mitzvah] all seven days. Even if it is invalidated after performing the mitzvah, it is forbidden all seven days. On Shmini Atzeret, it is permitted. Outside of Israel where they do two days of Yom Tov, it is also forbidden on Shmini Atzeret, though on the ninth day [Simchat Torah] it is permitted, even if it is Sunday. There is one who forbids it if it falls on a Sunday.
2. If one dedicated seven etrogs for the seven days, one for each day, each one can be used for the obligation and then eaten the next day. On its day it is forbidden because it is muktzeh for the whole day.
Siman 666
The Laws of the Sukkah on the Seventh Day: Even after finishing eating on the seventh day, the sukkah should not be dismantled. However, one should take in the dishes from it after Mincha and prepare the house for the final Yom Tov. If one doesn't want to clear the dishes and wants to eat in the sukkah on Shmini Atzeret, a four by four section of sukkah should be taken down to show that they are sitting there not for the mitzvah of sukkah, so that it will not look like adding to the mitzvah. Rem"a: If he wants to sit in the sukkah after the holiday, it is unnecessary to take down any section because it only looks like adding on Shmini Atzeret (Minhagim). If one must eat for the rest of the day, he must eat in the sukkah because the obligation extends the whole seven days. Outside of Israel where they have to sit in it also on Shmini Atzeret, when they are done eating on Shmini Atzeret they should take the dishes in and clear it out. If there is no space to take the dishes and they want to eat there on the ninth, they cannot partially dismantle it because it is Yom Tov. What should they do to make a distinction? If it was so small that it was forbidden to put a candle in it on the other days, they bring a candle in. If it was so big that it was permitted to bring a candle, they bring in all of the pots and pans to show that it is invalid, given that the time for the mitzvah has passed.
Siman 667
The sukkah and its decorations are forbidden also on the eighth day: The sukkah and its decorations are also forbidden on the eighth day. Outside of Israel, where they do two days of Yom Tov, they are forbidden also on the ninth day, which might be the eighth. If Shabbat falls on the evening after the last day of the holiday, the custom is to not use the decorations until after Shabbat. There are those who are permissive. Rem"a: There are some who have the custom upon leaving the sukkah of saying "May it be Your will that we merit to sit in the Leviathan's sukkah" (Kol Bo). It is forbidden to prepare on Yom Tov for the next Yom Tov. Therefore, it is forbidden to set up tables and benches in the house in preparation for the evening because this is [illicit] preparation (Hagahot Maimoni and Mahari"l).
Siman 668
The order of prayers on the eighth night and day, 2 Seifim: 1. On the night of Shmini Atzeret, we say in the Amidah "and You gave us this eighth day as a festival of Atzeret." Rem"a: We do not refer to the eighth day as a "festival" because there is nowhere [in the Torah] that it is called a festival. Rather, we say "the eighth day of Atzeret." Outside of Israel, they eat in the sukkah at night and during the day because it might be the seventh day. They do not bless on this sitting. We say Kiddush with Shehecheyanu.
2. At Shacharit, we take out three Torah scrolls. From the first, we read from "And this is the blessing" [Deuteronomy 33:1] until the end of the Torah. From the second, we read "In the beginning" [Genesis 1:1] until "that God made" [2:3]. In the third we read "On Shmini Atzeret" [Numbers 29:35]. The haftarah is "And after Moses died" [Joshua 1:1]. In places where they do two days of Yom Tov, they only take two Torah scrolls out on the first day, reading five sections from Re'eh from the first from "every firstborn" [Deuteronomy 15:1]. If it is Shabbat, they read seven and start at "You should tithe" [14:22]. The maftir reads from the second Torah "On Shmini Atzeret." The haftarah is from Kings, "When Solomon finished..." [Kings I 8:1]. The Torah scrolls are returned. We say Kaddish and then announce [the addition of] "who makes the wind blow and the rain fall."
Siman 669
The Order of Simchat Torah: In places where they do two days of Yom Tov, Kiddush on the ninth night includes Shehecheyanu. The next day, we take out three Torah scrolls. From the first, we read "And this is the blessing" [Deuteronomy 33:1] until the end of the Torah. From the second, we read from "In the beginning" [Genesis 1:1] until "that God made" [2:3]. From the third, the maftir reads the same as the previous day. The haftarah is "After Moses died" [Joshua 1:1]. Rem"a: The last day of Yom Tov is called "Simchat Torah" because we rejoice on it, making a festive meal in honor of the finishing of the Torah. It is customary for the person who finishes the Torah and the one who starts Genesis to make a donation and invite everybody to a party (Tur). It is customary in these countries to take all of the Torahs out of the Ark on Simchat Torah at night and in the morning and to sing songs and praises. Every place should follow its customs. It is also the custom to circle the synagogue's Bimah with the Torah scrolls just like we circle with the lulav. This is all done out of joy. It is also the custom to have many readers from the Torah. We read the same section many times, and this is not forbidden (Minhagim, Rivas"h 84). It is also the custom to call up all of the children to the Torah and to read "the angel who has redeemed me..." [Genesis 48:6]. In the evening, we read the special sections from the Torah that are normally auctioned off, every place according to its custom. It is also the custom that even a child can finish off the Torah, even though there are those who say that specifically a scholar should finish it (Mordechai's small notes). Nowadays when the chazzan does the actual reading, there is no issue (his own opinion). In a place with only two Torah scrolls, we read "And this is the blessing" from the first, "In the beginning" from the second, and then we go back and reuse the first for the section associated with the day. This is done whenever three Torahs are needed but there are only two (found written somewhere).
Siman 670
On the 25th of Kislev (start) the eight days of Hanukkah, and they are prohibited for eulogizing and fasting, but are permitted for doing work. The women have made it a custom not to do work while the candles are burning. And there is [an opinion] that says that we may not be lenient for them.
The many meals which we add on [these days] are voluntary meals, since [the Sages] did not establish them as [days of] feasting and joy. Rem"a: But some say that there is somewhat of a mitzvah in adding meals, because during those days was the Dedication of the Altar (Abraham Kara of Prague). It is the custom to recite hymns and songs of praise during the feasts added on them, and then they are mitzvah meals (Book of Customs). Some say that cheese should be eaten during Hanukkah, because a miracle was done though milk which Yehudit fed the enemy. (Kol Bo and Nissim of Gerona).
We do not eulogize on [these days], except for a sage in one's presence. Rem"a: And we do not fast for the day one's father or mother died. And [regarding] a fast for a dream on Hanukkah, see above Section 568 Paragraph 5. As regards the Justification of [Divine] Judgment [prayer], see above in the Laws of the New Moon, Section 420 in Rem"a. And see below, Section 683.
Siman 671
One needs to be very diligent in kindling the Hanukkah lights. Even a poor man living off charity must lend or sell his clothes, and buy oil to kindle with.
How many lights should one kindle? On the first night, he kindles one [light]. From then on he continues to add one each night, until on the last night they are eight. And even if the household members are many, they should not kindle more. Rem"a: And some say that every one of the household members kindles (Maimonides) and such is the widespread custom. And they should take care to each place their lights in a unique place, so that it will be apparent how many lights they are kindling. (Abraham Kara of Prague)
An [oil] light with two outlets [for the wicks] counts for [the kindler] as two.
If one filled a bowl with oil and surrounded it with wicks — if he covered it with a vessel, each wick counts as one light. [If] he did not cover it with a vessel, it does not even count as one light, because it is like a bonfire.Rem"a: Therefore one should be careful to place the lights in a straight row and not in a circle, since that is like a bonfire. (Hagahot Maimoniot quoting Sefer Mitzvot Katan) It is permitted to kindle with candlesticks, since each light is separated greatly from the other. (Terumat Hadeshen Section 105) One must be careful when preparing lights, even of wax, not to stick them together and kindle them, since that is like a bonfire. (Piskei Mahar"i 65) Even with the lights of the Sabbath and Holy Days one must be careful not to do so. (Or Zarua)
One should place the Hanukkah light at the entrance which adjoins the public domain, on the outside. If the house opens to the public domain, he should place it at its entrance. If there is a courtyard in front of the house, he should place it at the entrance of the courtyard. If he lives in the upper floor, having no entrance leading to the public domain, he should place it at a window that adjoins the public domain. In a time of danger, when one is not allowed to perform mitzvot, it is enough that he place it on his table. He needs another light to use for its illumination. And if there is a bonfire, he needs no other light. But if he is a dignified person, whose way is not to use the illumination of a bonfire, he needs another light.
One should place [the Hanukkah light] above three handsbreadths [from the ground]. It is a mitzvah to place it beneath ten handsbreadths. But if he placed it above ten handsbreadths, he has fulfilled his obligation. However, if he placed it above twenty cubits, he has not fulfilled his obligation. Rem"a: And even if he took it as it is, lit, and placed it below twenty cubits, he has not fulfilled his obligation, because the kindling accomplishes the mitzvah. (Beit Yosef quoting Tosafot)
It is a mitzvah to place [the Hanukkah light] in the handsbreadth closest to the entrance on the left, so as to have the mezuzah on the right and the Hanukkah light on the left. But if there is no mezuzah in the entrance, he should place [the Hanukkah light] on the right. If one places it in the doorway itself, he should place it on the leftmost half of the entrance. Rem"a: However nowadays, when all kindle inside, and there is no distinction for the people of the public domain at all, one should not worry so much if we do not kindle it in the handsbreadth closest to the entrance. In any case, the custom is to kindle it in the handsbreadth closest to the entrance, as in [our ancestors'] days, and one should not deviate; unless the household members are many, [in which case] it is preferable for each one to kindle in a unique place rather than mixing the lights together, with no distinction of the number of lights they are kindling. In any case, they should take care not to kindle in the same place where they kindle lights all year, since then there would be no distinction at all. And even though there is only no distinction except for the members of the household, some distinction at least is necessary. In the synagogue, one should place [the Hanukkah light] at the southern wall (or to the south of the lamp, and he should arrange them from east to west). (Terumat Hadeshen Section 104, Beit Yosef) We kindle and recite the benedictions (in the synagogue) for the sake of publicizing the miracle. Rem"a: A person does not fulfill his obligation with the lights of the synagogue, and needs to kindle again in his own house. (Isaac ben Sheshet Section 111) We have the custom to kindle in the synagogue between the afternoon prayer and the evening prayer. Some have the custom to kindle on the Sabbath Eve before the afternoon prayer. (Kol Bo and Book of Abudirham) If [the prayer leader] wants to quickly pray right away after [he] has recited the benedictions and kindled one of them, the synagogue attendant may kindle the rest, and the prayer leader may pray. (Jacob ben Moses Moelin)
A courtyard having two entrances on two sides, [the owner] needs to kindle [Hanukkah lights] at both, because of suspicion [that he did not light]. But if both entrances are on the same side (and belong to the same house) (Kol Bo), one of them is enough for him. Rem"a: When one kindles at two entrances, he only recites the benedictions by one of them, and kindles the second without a benediction (Nissim of Gerona). However, nowadays, when all kindle actually inside and there is no distinction for the people of the public domain at all, even if a courtyard or house has many entrances on many sides, we kindle only once inside; so it seems to me and so is the widespread custom.
Siman 672
Chanukah candles are not lit before sunset, but rather with the end of sunset, neither later nor before. And there are those who say that if one is busy, it is permissible to light from Plag Hamincha and onward, as long one puts enough oil [so that the lamp will remain lit] until people stop passing through the marketplace.
If one did not light with sunset, either due to forgetfulness or on purpose, s/he should go ahead and light until people stop passing through the marketplace, which is approximately half an hour, because then the people are passing and coming home and thus the miracle is publicized. Therefore one must place enough oil for that time, and if one put more oil in, s/he may extinguish the candle after that time has passed, and may use the light after that time. [Re"ma: There are those who say that in this time, when people light indoors, there is no need to be careful to light before people stop passing through the marketplace (these are his own words, and the words of the Tur, quoting Tosafot), and regardless, it is good to be careful even now.] And this is the ideal case. But it this time has passed and s/he has not lit, go ahead an light all night, and if the entire night has passed and s/he has not lit, there is no making up for it later. [Re"ma: And on other nights, one should light like all other people, even though s/he did not light at first. (He found this written in the name of the Maha"ril and also shared it as his own opinion.)]
Siman 673
Oils and Wicks That Are Fit for Use on Hanukkah, 4 Seifim: 1. All oils and wicks are fit for use for the Hanukkah light, even if the oils are not drawn after the wick, and the illumination is not held well by those wicks. RAMA: However, olive oil is a choice mitzvah, (Mordechai, Kol Bo and Mahari"l) and if olive oil is not available it is a mitzvah with oils whose illumination is pure and clean, and we have the custom in these countries to kindle with wax candles since their illumination is clear like oil. And even on the night of the Sabbath that is in the middle of the days Hanukkah it is permissible to kindle the Hanukkah light with the oils and wicks with which it is prohibited to kindle the Sabbath candles... [this is] if one only puts in the light enough [oil] for the measure of its mitzvah. (Responsa of Rashb"ah Section 170).since it is prohibited to utilize the Hanukkah light whether on the Sabbath or on a weekday, even to check [the authenticity of] coins or to count them by its illumination; even a holy use is prohibited, such as studying [Torah] by its illumination. And there is [an opinion] that permits a holy use. We have the custom to kindle an additional light, in order that if one uses its illumination, it would be the additional light, which was kindled last, and it should be placed at a small distance from the other obligatory lights. In these countries, we do not have the custom to add, one only places by them the auxiliary light with which he kindles the lights, and this is more preferable. And it should be made longer than the other lights, so that if he comes to use [the illumination], he will use that light. (Mordechai) If a Hanukkah light, which is prohibited for pleasure, becomes mixed with other lights, even one in a thousand, it is not nullified, for it is a thing that can be counted. (Terumat Hadeshen Section 103) Rather, one should kindle from the mixture enough [lights] that there is definitely a permissible light lit with the prohibited light, and then it would be permitted to use [their illumination]. ([Ram"a's] own opinion)
2. The kindling accomplishes the commandment; therefore if one extinguished it before its [minimum] time had passed, he is not bound to [rekindle] it. Even if he extinguished it on the Eve of Sabbath before accepting the Sabbath, when it is still daytime, he is not bound to [rekindle] it. Similarly, if after he kindled it he went to adjust it and unintentionally extinguished it, he is not bound to [rekindle] it. If he wants to be stringent on himself and go back and kindle it, he should not recite the benediction over it. (Responsa of Rashb"ah Section 539 and the R"an)
3. A ceramic light that one kindled one night becomes "old" and we do not kindle it on another night; rather one takes new ones every night. And if he only has an old one, he should fire it each night with a flame. A metal light does not need to be new, and [lights] of glass or of glazed ceramic have the same law as metal.
4. We are not concerned to replace the wicks until they are consumed.
Siman 674
That it is Permitted to Kindle Lights From One Another, 2 Seifim: 1. We kindle one Hanukkah light from [another] Hanukkah light, and specifically kindling one from another without an intermediary, but kindling one from another through a non-sacred light is prohibited. And some permit even this, unless it is in such a way that there is concern that the non-sacred light will be extinguished before kindling the other Hanukkah light. RAMA: And we have adopted the custom to be stringent with the Hanukkah lights not to kindle even from one light to another, for its main mitzvah is only one candle, and the rest are not as much for the mitzvah. Therefore one should not kindle one from another. (Hagahot Maimoniot and Mordechai) And all this is only while they are still alight for the mitzvah, but after the time of the mitzvah has passed, it is permitted to benefit from them, [so] all the more so it is permitted to kindle from them. (Beis Yosef)
2. There is an [opinion] that says that the lights of the synagogue, of the Sabbath, and of Hanukkah are all mitzvah [lights] and it is permitted to light one from another. RAMA: It is the same law for a light for Torah study or a light for a sick person who needs a light, (Nimukei Yosef) (and regarding the light of the synagogue see above 154:14).
Siman 675
1. The kindling accomplishes the mitzvah and not the placement, to wit, if it was sitting in place not for the purpose of the Hanukkah mitzvah, one may light it there, and does not need to remove it and [re]place it for the purpose of the Hanukkah mitzvah. Therefore, a lamp that was burning all day that was kindled on Sabbath Eve for the Hanukkah mitzvah, after Sabbath one extinguishes it and [re]kindles it for the purpose of the mitzvah. In any case, one needs to kindle it in the location of its placement, for if one kindled it inside and brought it outside he has not fulfilled [the mitzvah], for one who sees [this] will say [that] he kindled it for his own needs. Similarly if one kindles it and holds it in place with his hand has not fulfilled [the mitzvah], for one who sees [this] will say [that] he is holding it for his own needs.
2. There is [an opinion] that says that since the kindling accomplishes the mitzvah, one needs to put the proper measure of oil in the light before the kindling, but if he recited the benediction and kindled and afterward added oil up to the proper measure he has not fulfilled his obligation.
3. A woman lights the Hanukkah light, for she is also obligated in it, but if a deaf-mute, an incompetent or a minor kindled it he has accomplished nothing, even if an adult placed it. There is [an opinion] that says that for a minor who has reached the age of education it is permitted. Rem"a: For us, that every one of the household members each kindles, a minor who has reached the age of education needs to kindle as well.
Siman 676
The Order of the Blessing and Lighting (that within it has 5 sections). The person who lights on the first night makes three blessings: "l'hadlik ner chanukah (to light Chanukah candles)" and "sh'asah nissim (who did miracles)" and "shehechiyanu (that we were sustained)". If they did not remember the blessing pertaining to time (i.e. the "shehechiyanu") on the first night, they can make that blessing on the second night or whenever they remember.
After the first night they make only two blessing, "l'hadlik (to light)" and "sh'asah nissim (who did miracles)". Rema: And they should say all of the blessings before they begin to light (Mahari"l).
Whoever didn't light, and isn't going to be lighting that night, and also their household didn't light on their behalf, when they see a chanukah candle they should make the single blessing of "sh'asah nissim (who made miracles)" and if it's on the first night, they should also say the blessing of "shehechiyanu (for sustaining us)" and if on the second or third night they can light themselves, they do not repeat the blessing of "shehchiyanu (for sustaining us)"
After you light, you say "HaNeirot Halalu anu madlikin al hateshuot v'al hanisim v'al haniflaot... (These Candles that we light because of the redemptions and because of the miracles and because of the wonders...)" etc.
On the first night you start lighting with the right-most candle, and on the second night when you add a single candle next to it you should start and you should bless on the candle that was added which is more to the left, in order that you should turn to the right. And so too on the third night when you add an additional candle to the existing two candles you begin with what was most recently added and from there you begin the blessing. And afterwards, you turn to the right, and accordingly on every subsequent night you always make the blessing on the added candle, because this added candle teaches us about the miracle, and with each additional day there was more of a miracle.
Siman 677
1. A lodger for whom no-one is kindling in his own house needs to give a perutah [i.e. a nominal sum] to the landlord to partner with him in the oil of the Hanukkah light. And if he has his own entrance, he needs to light in his entrance, even though that residence is only designated for sleeping, and he eats at the landlord's table. And it is the same law for a son who eats with his father. Rem"a: And there are those that say that nowadays when we kindle actually inside, one should kindle at the place where one eats, and so [people] have made it a custom. (Responsa of Rashba Section 542)
2. A minor who has reached the age of education needs to kindle.
3. There are those that say that even though [others] are kindling for him in his own house, if he is in a place where there are no Jews he should kindle with the benedictions. Rem"a: For he is obligated to see the lights, (Mordechai) and so is our custom. And even if he is near Jews and can see the lights, if he wants to be stringent upon himself and kindle for himself, he should kindle and recite the benedictions upon them, and so is our custom. (Terumat Hadeshen, Mahar"il, and Responsa of Mahar"il) Section 145).
4. What remains on the eighth day of the oil necessary for the measure for kindling — he makes a bonfire for it and burns it by itself, for it has been set aside for its mitzvah. And if it becomes mixed with other oil and there is not sixty parts to nullify it, there is [an opinion] that says that one should not add to it in order to nullify it.
Siman 678
Someone who cannot afford both Chanukah candles and Shabbat candles should buy a Shabbat candle, for the sake of tranquility in his household (see above Siman 263:3); and if he has money for a Shabbat candle, but not enough for a Chanukah candle and kiddush wine, he should be a Chanukah candle, to publicize the miracle. Rem"a: And such is the ruling, that a Chanukah candle takes preference over wine for Havdala, and see above Siman 296:5).
Siman 679
Before Shabbat begins one should first light for Chanukah and then for Shabbat.
Siman 680
Not to Leave the Lights Near the Entrance on the Sabbath Eve, 2 Seifim:1. On the Sabbath Eve one needs to put something to separate between the lights and the entrance because of the wind so that it will not extinguish the lights when one opens the door.
2. On the Sabbath Eve it is prohibited to mount the lights on the door itself, behind the door, but there is [an opinion] that permits [this]. (And see above Section 277 Paragraph 1.)
Siman 681
We Do Not Perform the Havdalah With the Hanukkah Light After the Sabbath, 2 Seifim: 1. After the Sabbath we do not perform the havdalah with the Hanukkah light, for we may not derive pleasure from its illumination, and we do not recite the benediction over the [havdalah] light until we bask in its illumination.
2. We kindle the Hanukkah light in the synagogue before the havdalah. RAMA: And all the more so at home where one kindles and afterward performs the havdalah, for havdalah has already been performed in the synagogue.
Siman 682
All eight days of Chanukah one says "For the Miracles" in the grace after meals in the blessing of the land, and in prayer during the blessing of thanksgiving. If one did not say it, one does not return [in order to repeat and make the proper insertion]. (See above chapter 294 paragraph 4 and 5). However, if one remembered while still saying the blessing, as long as one has not said the name of God [in the closing line of the blessing], even if one remembered between the words "You" and "God", one should return [and make the proper insertion]. Gloss: There are opinions that if one forget "For the miracles" in the grace after meals, when one reaches "the merciful one", say: "May the merciful one make miracles for us just like You make for our forefathers in those days at this time, in the days of Matityahu etc.", and this was explained in chapter 187 paragraph 4.
Also in the musaf prayer on shabbat and Rosh Chodesh one must mention Chanukah, even though there is no musaf prayer on Chanukah.
It is not said [as part of the text of "Al HaNisim"]: "Keshem Sheasita, etc" [Just as you did with our ancestors...] but ends the prayer by saying: "VeAsita Imahem Nisim Ugevurot, Bayamim Hahem, Baet Hazot" [ you did miracles and wonders with them, in those days, on these dates]. In any case, there are those who culminate as the formula raised above.
Siman 683
All eight days of Hanukkah, the Hallel is read. Gloss: And all eight days of Hanukkah, Tachanun [the supplication prayer], Tzidkatcha [the abridged supplication prayer said on the Sabbath], Lamenatzei'ach [Psalms 20], and Tziduk hadin [the funeral prayer] are not said (see above Siman 131).
Siman 684
We read of the sacrifices of the [twelve] nesi'im [chieftains], which are in Parshat Nasso (Numbers 7:1 – 8:4), three [cheiftains] each day; and we start reading from the blessing of the priests (ibid. 6:22). Gloss: "And there are those who say that we start from 'on the day that Moses had made an end' (ibid. 7:1) (Tur) and such is our practice." And it [the beginning of the portion] is read with a kohen and a Levite, and an Israelite reads "on the first day" (ibid. 7:12). Gloss: "And there are those who say that the kohen reads the whole portion until 'on the first day' and the Levite and Israelite read 'on the first day', and such is our practice." On the second day [of Hanukkah], the Kohen reads "on the second day" (ibid. 7:18) until "one young bullock" (ibid. 7:21), the Levite reads until "on the third day" (ibid. 7:24), and the Israelite repeats from "on the second day", and the portions are read accordingly, each day. Gloss: "And there are those who say that the Israelite reads the portion of the following day, that is, from 'on the third day', and accordingly each day, and such is our practice (Haggahot Maimuniyyot)." On the eight day [of Hanukkah], we start "on the eighth day" (ibid. 7:54), and we finish the whole portion, and we read the first portion of [parshat] Beha'a lotcha. Gloss: "And it is our practice to finish with 'so he made the candlestick' (ibid. 8:4) (Minhagim)."
On the Sabbath of Hanukkah, we take out two [Torah] scrolls: with one we read the weekly portion, and with the second [the portion] of Hanukkah, and we read the haftorah of 'Sing and rejoice' (Zechariah 2:14); and if two Sabbaths occur [during Hanukkah], the haftorah of the second [Sabbath] is read from [First] Kings of Solomon's candlesticks. Gloss: But if a wedding occurs on that Sabbath, we read the haftorah of Hanukkah (Minhagim).
If Rosh Chodesh Tevet coincides with Shabbat [Rosh Chodesh Tevet is always within the Hanukkah festival, being always the 6th day], three Torah scrolls are taken out. Six people are called to read from the Parashah of the week [this in the first scroll]. In the second, the reading for Rosh Chodesh is read, starting from “UveYom HaShabbat”. In the third scroll, the Maftir for Hanukkah is read. In this case, the Haftarah is “Roni VeSimchi”. When Rosh Chodesh falls during the week, two Torah scrolls are taken out. In the first one, three people are called, reading the Rosh Chodesh reading, and in the second, a single person goes up, whose reading will be that of Hanukkah. If the person leading the Tefilah [Chazzan or Chazanit] made a mistake and also read the fourth [the fourth person to go up to the Torah] from the first book, with the Rosh Chodesh reading; if a second scroll has not been taken out, another person must be called [to complete the reading correctly]. However, if a second Torah scroll was taken out because the first was damaged, a fifth person must be called, thus reading the Hanukkah portion. REMA: In case of a mistake and beginning to read the Hanukkah section, the reading must be interrupted and the Rosh Chodesh reading [before that of Hanukkah] should be read (Abudirham Hilkhot Berakhot). If necessary, a blessing is made for the Rosh Chodesh reading, see previous section 140.
Siman 685
1. On the New Moon of the Adar nearest to Nisan which falls out on the Sabbath, we read the Portion of Shekalim, which is "When you shall take..." [Exodus 30:11–12] until "You shall make a copper Washstand..." [Exodus 30:17–18], and the haftarah is "And Yehoyada cut a treaty..." [II Kings 11:17–12:17]. We take out three [Torah] scrolls — in one [the Reader] reads the weekly portion, in the second that of the New Moon, and in the third he reads the maftir of the Portion of Shekalim.
2. On the second Sabbath we take out two [Torah] scrolls — in one [the Reader] reads the weekly portion, and in the second he reads "Remember what Amalek did to you..." [Deuteronomy 25:17–19], and the haftarah is "I took account of what Amalek did to you..." [I Samuel 15:1–34].
3. On the third Sabbath, which is the fifteenth of Adar, we skip, and on the fourth Sabbath which is the twenty-second of Adar we take out two [Torah] scrolls — in one [the Reader] reads the weekly portion, and in the second he reads the Portion of the [Red] Heifer [Numbers 19:1–22], and the haftarah is "I shall sprinkle upon you pure waters..." [Ezekiel 36:13–36]. (And see above Section 137 Paragraph 5.)
4. On the fifth Sabbath, which is the twenty-ninth of Adar, we take out two [Torah] scrolls — in one [the Reader] reads the weekly portion, and in the second he reads "This month shall be for you..." [Exodus 12:1–20] and the haftarah is "In the first [month], on the first of the month..." [Ezekiel 45:18–46:15]
5. [Alternatively,] if the New Moon of the Adar nearest to Nisan falls out during the week, even on the Sabbath Eve — we move up the reading of the Portion of Shekalim to the Sabbath before it, and we skip the second [Sabbath] in order that the Portion of Remembrance should be on the Sabbath most closely preceding Purim. [Even] if Purim falls out on the Sabbath Eve, we move up the reading of the Portion of Remembrance to the Sabbath before it.
6. The days [of the week] on which the New Moon of Adar might be fixed are: 7, 2, 4, 6. The mnemonic for the Sabbaths which are skipped is: 7-15, 2-6, 4-4, 6-2-16. This means: when the New Moon falls out on the Sabbath [i.e. the seventh day of the week], we skip the fifteenth of [Adar], and the mnemonic is 7-15; when it falls out on the second [day of the week], we skip the sixth [of Adar], and the mnemonic is 2-6; when it falls out on the fourth [day of the week], we skip the fourth of [Adar], and the mnemonic is 4-4; when it falls out on the sixth [day of the week], we skip two Sabbaths, the second and sixteenth [of Adar], and the mnemonic is 6-2-16.
7. There are those who say that the Portion of Remembrance and the Portion of the Red Heifer are Biblically obligated to be read. Therefore, residents of settlements which do not have a [prayer] quorum need to come to a place where there is a quorum on those Sabbaths, in order to hear these portions, which are Biblically [mandated]. Rema: If it is not possible for them to come, in any case they should take care to read them with their tune and cantillation (found written [in manuscripts]).
Siman 686
1. One is allowed to fast the day before and after Chanukah and Purim.
2. We fast on the 13th of Adar. And if Purim falls on Sunday, we start the fast on Thursday. RAMA: This fast is not required, therefore you can be lenient for the time of the fast, for example: one who is pregnant, nursing, or not dangerously sick. And even if only you have pain in your eyes that is bothering you a lot - you shouldn't fast, and fast on a later day. But other people [who don't have these conditions] - they should not separate themselves from the rest of the congregation. And if Purim falls on Sunday, and the fast moves to the Thursday before, and it falls on a circumcision, you are allowed to eat for the circumcision, and the next day on Friday, those who ate should fast.
3. There are those who fast three days in remembrance of the fast of Esther.
Siman 687
1. One is obligated to read the megillah at night and return and repeat it during the day. And for [the reading] at night - its time is all night, and for [the reading] during the day - its time is all day, from sunrise until the end of the day; and if one read it from daybreak, he has fulfilled [his obligation.]
2. We cancel Torah learning to hear the megillah, all the more so for the rest of the mitzvot of the Torah, that all of them are pushed aside because of the reading of the megillah, for there isn't anything that pushes aside megillah reading, except for an unclaimed dead body that does not have anyone to bury it (according to its need), in that the one who happens upon it buries it first and afterwards reads [the megillah]. RAMA: And all of this is only dealing with [a situation] in which one is able to do the two of them. But if it is impossible to do the two of them, there is no Torah mitzvah that is pushed aside because of megillah reading (Ran and Beit Yosef in the name of the Tosafot and Mehar''a Mizrachi). And the fact that an unclaimed dead body comes first, this is specifically when it is possible for him to read afterwards (Mehar''a Mizrachi).
Siman 688
1. The law for cities which were surrounded by a wall in the days of Yehoshua Bin Nun, 8 Seifim: Cities that had a wall surrounding it at the time of Yehoshua Bin Nun, even if they currently do not have a wall surrounding them, read the Megillah on the 15th of Adar, even if they are outside the Land of Israel, and even if they do not have ten Batlanim (explanation: people who are unemployed and who busy themselves with the needs of the congregation). The above refers to [cities that are] surrounded, and afterwards were settled, or were settled at first with the plan to build a wall surrounding them afterwards - this comes to exclude [a city in which] it becomes known that it was settled with the original intent not to surround it [with a wall] [but a plain case scenario can be assumed to [involve a city] surrounded and then settled] [the R"an].
2. And likewise the villages which are visible with them [the "walled" cities], even though they are not [directly] adjacent to them, such as when they are [together] on a mountain. Or they are adjacent to them even though they are not visible to them, such as when they are in a valley, provided they are not farther than a mil. And in Shushan, even though it was not surrounded by a wall from the days of Joshua, they read on the 15th [of Adar] because this is where the miracle occurred.
3. Villages, large towns and cities that did not have a wall at the time of Joshua the son of Nun read on the 14th [of Adar].
4. A city regarding which there is a doubt whether it was surrounded by a wall during the time of Joshua or not, they read on the 14th and the 15th as well as on their evenings. One makes a blessing only on the 14th, which is the time of reading for the majority of the world.
5. A resident of a town that went to a city or a resident of a city that went to a town - if it was his intention to return to his place at the time of the reading and he was delayed and did not return [to his usual place], reads according to his [usual] location; and if it was his intention to return only after the time of the reading, he reads with the people of the place where he is currently. RAMA: And if one is in the desert or on a boat, one reads on the 14th like the majority of the world. [Kol Bo]
6. If the 15th falls on Shabbat, we do not read the Megillah on Shabbat. Rather, they advance the reading to Friday and collect money for gifts to the poor and distribute them on that day [Friday]. And on Shabbat, they take out two Torah scrolls, and in the second they read "And Amalek came" and say Al HaNisim, and do not make a Purim feast until Sunday.
7. If one will be sailing at sea or going out in a caravan and does not find a Megillah to take with him, he is to read on the 13th or the 12th or the 11th without a blessing. And if he cannot wait until those days [before travelling], there are those who say that he is to read even starting from the beginning of the month [of Adar]. RAMA: And this is our custom. However, if by chance he comes upon a Megillah afterwards, he goes back and reads it on the 14th, even if he read it initially on the 13th, [since] in any event he had read it not in its appointed time. [Kol Bo; Beis Yosef]
8. A resident of a town that was on a ship or on the road and did not have a Megillah with him, and then afterwards came upon one on the 15th, should read it on the 15th.
Siman 689
1. All are obligated in reading [the megillah]: men, women, converts, and freed slaves. We teach the children to read.
2. It is the same whether one reads or hears from someone who reads - he has fulfilled his obligation. That is, if he hears from someone who is obligated in reading it. Therefore, if the reader was a deaf-mute, or a minor, or mentally infirm, one who hears from him does not fulfill [his obligation]. And there are those who say that women do not fulfill the obligation for men. RAMA: And there are some who say, if a woman reads for herself, she blesses "to hear the megillah," because she is not obligated in reading (Mordechai first chapter of megillah)
3. An androgynous person fulfills the obligation for his kind, and not for those not of his kind. A Tumtum and someone who is half slave, may not fulfill the obligation even for his own kind. RAMA: There are some who say that he cannot even fulfill his own obligation, and he must hear from others. (Beis Yosef)
4. One who hears the megillah from someone from whom he is sworn not to accept benefit, has fulfilled [his obligation].
5. In a place with no minyan, if one [person] knows it and the rest do not, one can fulfill [the obligation] for them all. If they all know, everyone reads to himself.
6. It is a good tradition to bring male children and female children to hear the reading of the megillah.
Siman 690
1. One should read the Megillah either standing or sitting; but in shul in the first place he shouldn't read it sitting because of honor for the Congregation. RAMA: it is forbidden for a Chazan to read the Megillah until they said to him "read". [Mordechai, Perek HaKoreh]
2. Even only two, or even ten people, can read (the Megillah) together and they can fulfill the obligation and the obligation of the people listening to them.
3. You need to read the Megillah entirely and from a scroll; and if you read it by heart you do not fulfill your obligation. You need to have the whole scroll in front of you in the first place, but if the Sofer left out in the middle some letters even until half of it (the Megillah) and you read it, then the one who read it by heart fulfills his obligation. RAMA: even if (the Sofer) left out letters from the beginning or the end, even if he left out just a little, one does not fulfill one's obligation (if you read from it by heart) [the R"an]. And even in the middle, specifically, where an entire topic is not left out [Beis Yosef]. However, if more than half (was left out), (or) even if the letters were written but they were unclear/blurry and their writing was not recognizable, it is pasul.
4. One who holds in his hand a Megillah that is not kosher may not read it with the Chazan (or reader in this case); rather he should listen and be quiet. RAMA: Similarly, no one should assist the Chazan by mouth. And therefore regarding those verses that the congregation reads, the Chazan must go back and read them from a kosher Megillah [Beis Yosef in the name of Shibulei Leket]
5. If one reads it in a grating manner (סירוגין), in other words, one stops and tarries and then afterwards goes back to the place that he stopped - even if one tarried in order to finish it all - he has fulfilled his obligation. RAMA: And even if one speaks in the midst of it. But, we rebuke one who speaks in the midst of it, as like [the law is] below Siman 692, Seif 2 [the Rashba].
6. One who reads the Megillah incorrectly has not fulfilled his obligation. If one reads one verse and then skips over the second verse and read the third verse, and then afterwards he goes back and reads the second verse, he does not fulfill his obligation because he is reading one verse incorrectly. Rather, what does he do? He begins from the second verse that he forgot and continues to read in order.
7. One who reads the Megillah by heart does not fulfill his obligation.
8. One who speaks a different language (other than Hebrew) who hears the Megillah which was written in the Holy Language (Hebrew) fulfills his obligation even if he does not know what they are saying.
9. If there is a writing of a translation, or [the Megillah] is written in another of the languages of the Non-Jews, one does not fulfill his obligation by reading it [in that language] unless he is familiar with the language itself. However, if [the Megillah] was written in Hebrew and one reads it in Aramaic, one does not fulfill his obligation, because this is like reading it by heart. Just like the reader does not fulfill his obligation in this manner, so to one who hears it from him. RAMA: However we are not concerned about which language it was written in. [Beis Yosef]
10. One who knows a foreign language, and knows the Assyrian language, he does not fulfill his obligation with that language. And there are those who say one does [fulfill one's obligation]. RAMA: And if the writing is in two languages, he who understands it fulfills his obligation. [Beis Yosef]
11. One should protest against those reading the Megillah to women in a foreign language, even though it is written in a foreign language.
12. If one is reading and dozes off, given that he didn't completely fall asleep, he has fulfilled his obligation. However if he heard it [from someone else] while dozing off he has not fulfilled his obligation.
13. If a writer reads a verse in the Megillah in order to copy it and he writes it, if he intends in his heart to fulfill his obligation [in this manner] he does fulfill. This is where he writes the whole thing before him in the Megillah that he is copying from. And likewise if he is proofreader and also if he is an expositor who reads a verse in a whole Megillah and expounds upon it; if [these people] intend in their heart fulfill their obligation [in this manner] they do fulfill. And he must not delve into other matters while he expounds upon the Megillah as this is forbidden.
14. One who reads the Megillah must intend to fulfill the obligations of those who hear it from him, and the one who hears must intend to fulfill his obligation through hearing it. And if the reader is the chazan he likely intends to fulfill the obligation of all who hear from him, even those in the back of the shul. We are not precise in correcting reading errors. And there are those who say [that we are not so precise] specifically with errors which don't change the meaning such as the two students that were sitting with Rav, and where one read it as Yehudim and another reads it as Yehudiim, and neither were corrected. But [according to this second opinion] regarding other errors [which do change the meaning] he does not fulfill their obligation [if he is not precise in the language].
15. One must say the names of the ten sons of Haman in one breath, so that we may know that all of them were killed and hung as one. RAMA: And specifically initially. However, after the fact, if one paused between them he has fulfilled his obligation. [Tosefos; Avudraham; Mahar"il] Initially, it is our custom to say everything in one breath from "500 men, and Parshandata, et" until the word "aseret". [Mahar"il in the name of the Rokeach]
16. One must say "cursed is Haman", "Blessed is Mordechai", "cursed is Zeresh", "Blessed is Esther", "cursed are all those who worship idols", "Blessed are all Israel". And one must say "and Charvonah, may he be remembered for good".
17. It is a custom of all Jews that the reader reads and spreads out [the Megillah] like a letter in order to make the miracle seen. And when one finishes, one goes back and wraps it all up and makes a blessing. RAMA: There is what is written that we say four verses of redemption in a loud voice, [the verses are] "A Jewish Man", "And Mordechai went out", "The Jews had light", "Because Mordechai the Jew" and such is the custom in our lands. [Hagahos Maimoni; Kol Bo; Avudraham]. And then the reader goes back and reads these verses. It is also written that the young children are accustomed to draw pictures of Haman on trees or stones or to write the name of Haman on themselves and to strike one against the other in order to blot out his name according to "The name of Amalek shall surely be erased" (Devarim 25:19) and "But the fame of the wicked rots". (Proverbs 10:7). From this is derived the custom that we strike Haman wen we read the Megillah in the synagogue [Avudraham]. We must not nullify any custom nor should we ridicule [any custom] because "לא לחנם הוקבע". [Beis Yosef]
18. The Megillah [of Esther is read] on the 14th [of Adar in unwalled cities] and on the 15th [of Adar in waled cities], [and] one must make sure that [he is attending the Megillah reading among] a [congregation of at least] ten men. And if one cannot find [a congregation of] ten men, one may read it by himself. RAMA: It is uncertain if women are [legally counted as composing part of] a congregation of [at least] ten men [Hagahos Ashiri; Tur]. If [the Megillah] is read in a congregation [of at least ten men], and an individual happened to not hear the reading, he should read it on his own (even though ideally, one must seek a congregation of at least ten men), since [at least] it is being read in his city amongst a congregation [of at least ten men] [Beis Yosef in the name of Orach Chayim]. And when an individual (not amongst a community) reads it during the time [period when it is legally required], he must make a blessing (special blessing acknowledging the requirement of reading the Megillah) on it. [Beis Yosef]
Siman 691
We may only write a Scroll with ink on a hide or on a parchment, like a Torah [scroll]. But if one wrote it with gallnut extract and iron sulfate, it is [also] fit. If he wrote it with other types of dyes, it is disqualified. And it requires scoring like a Torah itself. But its leather does not require processing for the sake of [the commandment]. And some say it (the leather) that it requires processing for the sake of [the commandment]...
[If] it was written on paper or on hide that was not processed or was written by an idolater or a heretic, it is disqualified.
If it [the Megillah] was sown with linen thread it is disqualified
We do not read within a community from a scroll that is written among (together with) the Writings, unless [its pages] were bigger than the other pages or smaller [than them] — so that it will have a distinction. But an individual can read it — even if it is not smaller or bigger — and fulfill his obligation with it, provided it is written in a column like a Torah scroll
If there is no Kosher Megilla scroll, we read it from a Chumash without a blessing.
If one read from a stolen Megilla scroll he has fulfilled his Mitzvah.
Siman 692
The reader of the megillah has to make 3 blessings: On reading the megillah, Sheasah Nisim, Shechianu; and on the day he doesn't repeat Shechianu. There are those who say you bless day and night and furthermore these are customs that all nations knew. One person can bless and another reads
Speaking should not occur while they are reading it (the Megillah)
Siman 693
Siman 694
1. The law as regards Purim money for the poor, 4 Seifim: All people must give at least two gifts to two poor people. RAMA: Some say that there is [support] to give prior to Purim a half-coin that is established in that place and in that time as a memorial to the Shekel half-coin that they would give in Adar. And since "terumah [tithe]" is written three times in that portion, there is [support] to give three [half-coins] (Mordechai, beginning of the first chapter of Yoma). And there is [support] to give on the night of Purim prior to praying the Mincha prayer (Maharil), and such is the custom in all these provinces. And there is [support] to give 3 half-coins of the bigger [coins] in these provinces, for there is no coin that is only half beside for [the bigger coin], and in Austria, they would give 3 half-coins of Vienners, which were also called "halfs". And so it is for each province. And only someone who is 20 or older is obligated to give. And some say that one should give the half-shekel to charity in addition to these three halves, but that is not the custom.
2. One should not change money that was given to the poor for Purim for other Tzedakah causes. RAMA: This is referring to the collectors of the money (Mordechai) — the poor can do whatever they want.
3. One is not exacting with their money on Purim. Rather, one should give to anyone who extends their hands. And in places where they have a custom to give even to non-Jews - one should give.
4. In a place that does not have poor people one may delay his Purim money to himself and give it in a place where he wants.
Siman 695
1. RAMA: It is a mitzvah to many feasts during Purim (Tur), but one fulfills his obligation with only one feast (Mordechai) One who does the Purim meal at night does not fulfill his obligation. RAMA: Nevertheless, one should be happy and add more during his meal even at night (Teshuvat Mahariv).
2. One is obligated to be intoxicated on Purim to the point where he does not know [the difference] between "accursed is Haman" and "blessed is Mordechai". RAMA: Some say it is not necessary to become drunk so much, but rather to drink more than he is used to (Kol Bo), and to fall asleep, and while he sleeps he does not know [the difference] between "accursed is Haman" and "blessed is Mordechai" (Maharil). [There is no difference on Purim] between one who has more and one who has less, as long as his heart is directed to heaven. One should not fast on Purim, except for a fast for a [bad] dream, and see earlier Siman 568 and Siman 570. There are those who have the custom to dress in Shabbat/Yom Tov clothes on Purim, and that is correct (Maharil). We have the custom to make the Purim meal after the afternoon prayer, and pray the evening prayer at night. We pray the afternoon prayer while most of the day remains, and most of the meal needs to be during the day (Minhagim). And it should not be like those who have the custom to start close to evening, and most of the meal happens during the night of the 15th. When Purim falls out on Friday, they should have the meal in the morning because of honor for the Sabbath (Minhagim). And one who wants to [have his meal] every [Purim] in the morning is allowed to (T"H). Some say that there is [significance] to eating seeds on Purim as a remembrance for the seeds that Daniel and his friends ate in Babylonia (Kol Bo). It is good to delve a bit in Torah before one begins the meal, and a support for that is (Esther 8:16) "The Jews had light and happiness...", which we learn out "radiance" - that's Torah (Mahariv). One is obligated to drink a little and be a little happy on two days, the 14th and the 15th (Minhagim), and so is the custom. And some say that if one causes damage to his fellow through his happiness on Purim, he is exempt from restitution (Terumat HaDeshen, Part I 110). And see Terumat HaDeshen Laws of Damages.
One says "Al hanisim" in the Grace After Meals during the blessing of the land ["Nodeh"]. And if one started his meal during the day, and extended it into the night, he [still] says "al hanisim", for we follow the [status of] the beginning of the meal. And some say one should not say it. (And we have the custom like the first opinion).
One must send to his fellow two portions of meat, or foodstuffs, as it says (Esther 9:19) "And send portions, man to his fellow." Two portions to one man [is the obligation]. And anyone who send more to his fellows is praiseworthy. If he has none, he can trade with his fellow, this one sending to that one his meal, and this one sending to that one his meal, so that they can fulfill "And send portions, man to his fellow." RAMA: And some send the portions during the day and not at night (from the Rosh, first chapter of [Bavli] Megilla). And if one sends portions to his fellow, but he doesn't want to accept them, or he forgives him [his obligation], he fulfills [his obligation nonetheless]. And a woman is obligated in [sending] portions to the destitute and sending portions [to one's fellows] like a man is. A woman sends to a woman, a man to a man. But not the other way, so that a man does not come to send it to a widow, and it will come to a possibility of kiddushin [having been enacted]. But portions to the destitute one should not worry [about this possibility].
Siman 696
1. The laws concerning bewailing, fasting and the performance of Shabbos labor on Purim, 8 Seifim: One may do work [which is forbidden on the Sabbath] on Purim, but places that have the custom not to should not, (And today, all places have the custom not to) (Kol Bo), and anyone who does [work] will never see blessing from that work, unless it is a joyful building, such as a house for a newly-married son, or an arbor for kings and officers. RAMA: And it is permitted to do work for a mitzva, such as writing Torah law decisions. And similarly it is permitted to do even work in the fullest sense for the needs of Purim (T"H Siman 112).
2. Even in a place that has the custom [to do work], this only applies on the day of the reading of the Megillah itself. But to forbid this for that is not our custom
3. The 14th and 15th are forbidden from eulogies and fasting for everyone in every place, whether for residents of a walled city who read on the 15th only or whether residents of cities who read on the 14th only. And the women, when they answer (the eulogies) all answer as one. And the kerchiefs, where they strike hand on hand. But not a professional mourner, where only one speaks and the others answer after her. They bury the dead without answering and without lamenting.
4. All of the elements of mourning we observe on Chanukah and Purim: RAMAH- never the less one goes to the synagogue to hear the megillah. If one can assemble a minyan in their home this is preferable. And there are those who say that no mourning (practices) are performed on Purim, not on the 14th or the 15th and this is the way to behave. Even the (public practices) of the first day of mourning are pushed off because of Purim but the private practices are still observed. And even though we don't (publically) observe mourning practices on Purim you can be counted for the minyan of 7 (for Torah Reading) like on Shabbat and thus ruled the Rav on his own.
One says that a mourner is still obligated in sending gifts on Purim. (Rema: One should not send gifts to a mourner during their 12 months of mourning. If one though is in a city where the only person is a mourner one is obligated to send to the mourner to fulfill the obligation of sending gifts on Purim, unless the mourner declines the gift.)
It is permitted to get married on Purim. Rama: This refers to both the fourteenth and the fifteenth of the month, and one can certainly perform Pidyon Haben too. As to the custom of wearing 'faces' on Purim, and men who wear women's dresses and women wearing men's attire - this is not forbidden, for they have no intention other than pure pleasure. So too the practice of wearing kilayim, rabinically forbidden mixtures of clothes. And although some say it is forbidden, we follow the first opinion. So too, the custom of stealing from each other in a happy way - this does not fall under the prohibition of 'Do not steal', and this is what is done, as long as one does not transgress what is considered acceptable by the elders of the town.
Siman 697
One does not say Tachanun on the 14th and 15th of Adar I [i.e., the first Adar in a leap year], and the law of fasting and eulogizing on those [days] - one se'if.
On the 14th and the 15th day of Adar I, we do not fall upon our faces [recite Tahanun], and we do not say [Psalm 20] "A Psalm... may the Lord answer you," and on those [days], it is forbidden to eulogize or to fast. There are those who say that even eulogy and fasting are permitted. Rema: The custom is according to the first understanding. There are those who say that one is obligated to increase in joy and feasting on the 14th of Adar I (Tur in the name of the Rif); however, this is not our practice. Nevertheless, one should increase their feasting slightly, in order to fulfill the opinion of those who are stringent (Hagahot Maimuni in the name of the SeMaK). "But the good-hearted has a continual feast" (Proverbs 15:15).