[Don’t forget to see the Halacha
Encounters below!]
In today’s age when people
travel across the country and across the globe with great frequency,
it is quite common that an individual will spend Shabbos or Yom
Tov in a time zone which is different than that of his home.
There are a number of interesting sha’alos in halacha which
result from this and I will attempt to address some of these
sha’alos.
Mechiras Cometz
One question which many people encounter this time of year is
with regard to the sale of chometz. If you reside in America
and will be spending Pesach in Israel, where do you sell your
chometz? The simplest thing to do would be to contact your
local Rav before your departure and authorize him to sell your
chometz for you on Erev Pesach as usual. Perhaps, however,
this is not the correct thing to do. For when the Rav sells
your chometz in America at ten or eleven o’clock in the
morning, at your current location in Israel it is already late
in the afternoon, and the latest permissible time to own chometz
has long passed. [Needless to say, your observance of the Yom
Tov and its related laws and practices must be in accordance
with the local time. This has nothing to do with the fact that
an American visiting Israel for Pesach is obligated to observe
two days of Yom Tov on both ends of the holiday.]
One might argue that although the observance of Pesach may have
begun for you based on local Israeli time and you could not own
any chometz which is located there, perhaps you may still retain
ownership of chometz which is located in a part of the world
where the prohibition has not yet begun. And in fact, one of
the gedolei haAcharonim seems to take this position. See Sha’alos
U’tshuvos Oneg Yom Tov 36 who discusses a reverse case
where the prohibition of owning chometz has begun at the location
of the chometz but not at the location of the owner. He rules
that the halacha is determined by the location of the chometz
and it is therefore rendered valueless in this case and must
be destroyed.
However, the vast majority of Achronim disagree with this approach
(although they may agree that one should be stringent in the
above case and dispose of the chometz by the earlier time). They
maintain that the main factor to consider is the location of
the owner of the chometz. In as such, an American spending Pesach
in Israel must arrange for his chometz to be sold prior to the
zman issur hanoah according to Israeli time. (The simplest way
to do this may be by arranging for mechiras chometz with a Rav
in Israel once you arrive.) A resident of California who is spending
Pesach in Chicago or New York should arrange for his chometz
to be sold prior to the zman in the city where he will be located.
At the same time, it is also proper that one not own any chometz
located in a city where the zman has arrived, even if at the
owner’s location the zman has not yet arrived. Therefore,
an Israeli resident spending Pesach in America, or a New Yorker
spending Pesach in L.A. should have his home town Rav sell on
his behalf any chometz which he is leaving behind. In all such
cases, one should stipulate with the Rav that he is not authorized
to purchase the chometz back on his behalf until Pesach has ended
in both of the two locations. (See Igros Moshe O.C. 4:94. See
also Piskei Tshuvos 443:1 for many additional sources.)
Shvisas B’heima
A second area of halacha where time differences play a major
role is that of shvisas b’heimah – the resting
of animals on Shabbos. The Torah states that a Jew is obligated
to see to it that any animals he owns are not made to do melacha
on Shabbos. This halacha has relevance even for city dwellers
with regard to pets. One’s pets may not be led to perform
any melachos on Shabbos, including the melacha of hotzo’ah
(carrying). If the animal walks outside with a tag hanging
from its neck (such as one for identification purposes) the
owner is in violation of this halacha – unless of course
the area is enclosed by a valid eruv.
The following question must be addressed. If an animal owner
is located in one time zone and his animals are located elsewhere,
when are the halachos of shvisas b’heimah in effect: when
it is Shabbos at the owner’s location or when it is Shabbos
at the animal’s location? If I am in Israel for Shabbos
and a neighbor in America is looking after my dog, may he walk
that dog on Friday afternoon when it is already Shabbos for me,
although the dog has a tag around its neck, or may he not?
This question is actually a subject of discussion in the writings
of a number of Achronim. One of these Achronim (Sha’alos
U’tshuvos L’vushei Mordechai Vol. 2:47) is inclined
to rule that the animal’s location is the critical factor.
According to this, in the above case it would be permissible
for my American neighbor to walk my dog on Friday afternoon.
However, the consensus of Achronim is to the contrary. They state
that the location of the owner, not that of the animal, is what
counts. Accordingly, if you leave your pet or other animal in
the care of a neighbor, you would be well advised to bring to
his attention that he shouldn’t have the animal do any
melacha at a time that it is Shabbos for you. ( See Sha’arim
Mitzuyanim B’halacha 87:1 and Ta’arich Yisroel Pg.
203 quoting HaGaonim Rav Elyashiv and Rav Chaim Kanievsky shlit”a.
See also pgs. 213-214 for a unique perspective on this matter
from HaGaon Rav Shlomo Zalman Auerbach zt”l.)
Other Areas
There are numerous other areas of halacha where a differnce in
time zones may play an important role. For example:
T’chum Shabbos – The mishna in Mesechta Beitza (37a)
states that one’s possessions are bound by the same t’chum
as their owner. Consequently, if when Shabbos begins an article
of mine is located somewhere outside of my t’chum, it is
governed by the rule governing articles which have left their
t’chum and may not be moved – by anyone – more
than four amos. If an article of mine is located in a time zone
different than mine when exactly does this restriction apply
to it?
Neiros Chanukah – If one is away from home during Chanukah
and his wife lights neiros in their home, he is yotzei the mitzvah
as well. What will the halacha be if the husband is in a different
time zone so that when his wife lights at home the evening has
not yet arrived in his location? See Halichos Shlomo Vol.2 Chapter
13:4; Minchas Yitzchok 7:46; Moadei Yeshurun page 4 no. 8. (Note:
In many cases the husband will be required to light at his current
location even if his wife is lighting at their home within the
same time zone. It is not our intention to provide any actual
halachic guidance on this matter within this short paragraph.)
Oso V’es B’no – One may not slaughter a calf
on the same day as the mother animal was slaughtered (Vayikra
22:28). If the mother animal was slaughtered in America at 3:00
P.M., may one immediately slaughter the calf in Israel where
it is already the next day? See Meshech Chochmah (ad. loc.)
One who is faced with any of these sha’alos, or any one
of a number of sha’alos which can arise as a result of
travelling across the globe, should consult with a Rav who can
provide him with proper direction.
Rabbi Friedman is a full-time member of the Kollel, as well
as the Moreh Hora’ah of Beis HaMedrash Mikor HaChaim.
Halacha Encounters
Halacha Encounters
Clapping and Dancing on Shabbos
Rabbi Avi Weinrib
With Purim lingering in the air and the rest of Adar still
to follow, feelings of joy and happiness permeate throughout
our community. Memories of the singing and dancing on Purim
cause one to break out in spontaneous eruptions of joy, especially
on Shabbos. However, we have all heard about restrictions on
Shabbos regarding clapping and dancing. What exactly are these
restrictions, and what is the basis for them?
The
Background
The Mishna in Beitza [36b] rules that it is forbidden to clap
one’s hands, bang on one’s thighs or dance [on Yom Tov]. Tosfos
explains [Shabbos 148b] that since these actions were generally
done to the accompaniment of musical instruments, the Sages
were concerned that if one of the instruments would break one
might come to fix it on Yom Tov or Shabbos. Fixing an instrument
on Yom Tov or Shabbos would be a violation of the Melacha D’Oraisa
of Maka BiPatish. [As an aside R’ Yerucham Levovitz [Daas Torah
Chaya Sora 24-3] offers a fabulous insight as to why we see
some of the decrees of Chazal as a bit farfetched. He explains
that unfortunately we do not fully appreciate the severity
of a sin and how detrimental it is to us. If we would only
realize how serious sins are, we would fully understand why
it was necessary to place so many fences around them. We can
compare it to a train approaching a busy thoroughfare. Before
it arrives, there are signs, flashing lights, and descending
gates, which are there well before the train arrives, and go
up only after there is no chance of any damage being done.
Since the consequences of being struck by a speeding train
are so severe, the more precautions there are, the better.
How much more so is a sin, which is so damaging to our body
and soul. The Sages in their infinite wisdom saw it as necessary
to place many safeguards around sin.] Most Poskim are of the
opinion that this prohibition against repairing instruments
would apply today as well. Tosafos [Beitzah 30a] maintains
that since we are not experts in repairing instruments this
forbiddance is no longer relevant. The Poskim struggle with
Tosafos. Firstly, as a rule, even when the reason given no
longer applies, unless a spiritually greater court would actually
uproot the decree it would still be in effect. [See Bais Mayer
339-1 Igros Moshe O.H. 2 Siman 100]
Secondly, according to Tosafos would it also be permitted
to actually play musical instruments as well? The consensus
of the Poskim is that even according to Tosafos, only clapping
and dancing would be permitted, and not the playing of actual
instruments. [See Shut Shaar Ephraim 36 Eliyahu Raba O.H. 339-1
Biur Halacha ibid s.v. ulisspek]
The Halacha
The Shulchan Aruch [O.H. 339-3] rules that it is forbidden
to clap one’s hands, bang on one’s thigh or dance on Shabbos.
The Rema quoting Tosafos teaches that some say that nowadays,
since we are no longer experts in repairing instruments the
decree is no longer applicable. However, the Poskim do not
fully concur with Tosafos. The Mishna Berura [S.K. 8] only
permits this on Simchas Torah where clapping and dancing is
a Mitzvah in honor of the Torah. However for any other reason,
even other Mitzvos such as a Sheva Berachos it would not be
permissible. [In many Chasidic circles the custom is more lenient
based on the Minchas Elozer [Volume 1 Siman 29] who permits
dancing and singing for those who are caught up in the joy
of Shabbos since for them it is considered a Mitzvah.]
What
is Dancing?
Stepping back for a moment, it is incumbent upon us to define
what is included in the category of dancing. There is obviously
a difference between walking around in a circle and dancing.
The Toras Shabbos [O.H.339-2] based on a Yerushalmi defines
dancing as the action when one picks up his first foot, then
before it fully returns to the ground, the second foot has
already begun to rise. Any form of moving around in a circle
that would not include this would be permitted.
Only
to the Tune?
The Aruch HaShulchan [339-9] raises another point. He maintains
that the only clapping and dancing that was forbidden was where
one is in tune with the song. Only in such a scenario is the
clapping or dancing intrinsically connected to the song and
there is a worry one could come to fix the broken instrument.
Any form of clapping or dancing, which is sporadic and not
done in tune, would be permitted. Although some Poskim disagree
with the Aruch HaShulchan, many see this a basis for those
who are lenient in these matters.
Banging
and Snapping
Included in this decree would also be banging on a table or
the like with or without any utensil. Snapping one’s finger
along with singing would also be included.
Clapping
not Associated with Music
The Poskim rule that only clapping connected to song would
be included. Clapping, snapping or banging to get another’s
attention, wake someone up or silence an audience would be
permitted [ O.H. 338 Mishna Berura S. K. 2,4]. Clapping for
applause would also be permitted [Oz Nidbiru Vol 13-14].
In
an Abnormal Fashion
Clapping and banging was only forbidden in a normal fashion.
If done in an abnormal way, for instance clapping against the
back of one’s hand, this would be permitted, as it would serve
as a reminder, and would not lead to fixing any instruments.
[O.H. 339-3]
Whistling
Any form of music with one’s mouth was never
included in the decree. Therefore one would be allowed to whistle
a tune or melody on Shabbos. This would be true even with the
aid of one’s fingers [Aruch Hashulchan O.H. 338-7].
Door
Knockers
Included in the decree was any instrument that is made for
the express purpose of making noise, being that it is similar
to a musical instrument. Therefore it is forbidden on Shabbos
to use a door knocker, bells, or play with a rattle even not
in tune. However, one can knock on a door even with a utensil
such as a key as long as not being done to a tune. [O.H. 338-1]
Rabbi
Weinrib learns full time in the Kollel and is a frequent
contributor to Halacha Encounters.
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