Kashrus Kurrents, Summer 2020<\/p>\n\n\n\n
2020 will be remembered for a long time to come as the year of the Covid-19 pandemic. These unusual circumstances have given rise to some unusual halachic<\/em> questions. It is my fervent hope that everything will have returned to \u2018normal\u2019 by the time that you read this, and the lasting legacy will be the chiddushei Torah<\/em> and piskei halachah<\/em> that were generated as a result of this event. Below are some examples.<\/p>\n\n\n\n Q: If there are two adjacent houses with decks, with five men on one deck and another five men on the other deck, can they join together to form a minyan?<\/em><\/p>\n\n\n\n A:<\/em> A gathering of ten men is needed in order for their davening to be considered tefilah b\u2019tzibur<\/em>. Once ten men have joined together to form a minyan,<\/em> anyone else who is able to see them and participates is considered part of the minyan,<\/em> and his davening is considered tefilah b\u2019tzibur<\/em> even if he is not in the room.1<\/sup><\/a> However, it is debatable as to whether or not the ten men forming the minyan<\/em> need to be in the same room.<\/p>\n\n\n\n The Rashba<\/em> writes that it is sufficient if some of the ten men are in one room and the rest are in an adjacent room, as long as the two groups can see each other. The Rashba<\/em> argues that this is analogous to the halachah<\/em> that two groups of people eating meals in adjacent rooms may join together to form a zimun<\/em> for Birchas HaMazon<\/em> as long as they can see each other. Just as three men are able to form a zimun<\/em> if they eat in adjacent rooms with intent to bentsch<\/em> together, so too, ten men in adjacent rooms may join together to form a minyan.<\/em><\/p>\n\n\n\n Therefore, the Rashba<\/em> rules that ten people in a house may form a minyan<\/em> even if nine are in one room and the tenth man is in a different room.2<\/sup><\/a> Similarly, the Shulchan Aruch<\/em> writes that if there are nine men in a house and a tenth man standing outside who is able to see them through a window, he may join with them to form a minyan.<\/em>3<\/sup><\/a> However, the Mishnah Berura<\/em> states that a number of Achronim<\/em> disagree with these rulings. The Mishnah Berura<\/em> concludes that one should be lenient only in situations of necessity.4<\/sup><\/a><\/p>\n\n\n\n The Rashba\u2019s<\/em> comparison between forming a minyan<\/em> and forming a zimun<\/em> is predicated on his understanding that three people eating in different rooms can combine to form a zimun.<\/em> However, some Poskim<\/em> rule that they may not form a zimun.<\/em> According to this opinion, a zimun<\/em> of three people in one room may combine with a zimun<\/em> of three people in another room to form a combined zimun<\/em> of six people, but three individuals in three different rooms cannot combine to form a zimun.<\/em> The Biur Halachah<\/em> concludes that this is the more compelling position.5<\/sup><\/a><\/p>\n\n\n\n The Achronim<\/em> point out that there seems to be a contradiction in the Mishnah Berura<\/em>. On the one hand, the Mishnah Berura<\/em> leans towards the position that three people in different rooms cannot combine to form a zimun.<\/em> On the other hand, he paskens<\/em> that a tenth man outside a shul can combine with nine in the shul to form a minyan,<\/em> if necessary. If the laws of combining to form a minyan<\/em> are learned from the laws of combining for zimun,<\/em> how do we explain this discrepancy? The answer would seem to be that when it comes to a zimun,<\/em> it is not necessary to rely on the lenient opinions as it is possible for the three people to bentsch<\/em> separately. However, in order to allow tefilah b\u2019tzibur,<\/em> at times of need one may rely on the lenient opinion when it comes to forming a minyan.<\/em><\/p>\n\n\n\n According<\/em> to the Mishnah Berura<\/em>, if necessary, eight people in a shul and two outside could combine to form a minyan.<\/em> However, the Aruch HaShulchan<\/em> has a different understanding of this halachah.<\/em> The Aruch HaShulchan<\/em> states that the Shulchan Aruch<\/em> allows combining only one person outside the shul with nine inside but would not accept combining two outside the shul with eight in the shul.6<\/sup><\/a><\/p>\n\n\n\n One further point must be noted. The Shulchan Aruch<\/em> provides an additional limitation to the ruling that groups eating in different houses can unite to form a zimun.<\/em> The Shulchan Aruch<\/em> states that if a public street runs between the two houses, the groups may not combine. The Mishnah Berura<\/em> quotes the Taz<\/em> as adding that the same is true if a private path runs between the two houses.7<\/sup><\/a> The Taz<\/em> compares this to the laws of peah<\/em> (the corner of a field left unharvested for the poor). The Torah states that a person is obligated to leave peah<\/em> from his field. If a field is bisected by a public street or private path, the two sides of the street or path are considered to be separate fields and peah<\/em> must be left from each one separately. The Taz<\/em> rules that just as two sides of a street or path cannot combine to form one field, so too, people on both sides of a street cannot combine to form one zimun.<\/em><\/p>\n\n\n\n As the laws of combining for a minyan<\/em> are learned from zimun,<\/em> the Pri Megaddim<\/em> argues that it would follow that people on two sides of a street or path cannot combine to form a minyan.#8<\/a><\/em>8<\/sup> For this reason, the Teshuvos Minchas Yitzchok<\/em> states that ten people who form a minyan<\/em> in an open area need to ensure that they are not separated by a path running between them.9<\/sup><\/a><\/p>\n\n\n\n Let us now turn to the question of two adjacent houses with decks. If there are five men on one deck and another five men on the other deck, can they join together to form a minyan?<\/em> As noted above, the Mishnah Berura<\/em> states there is a machlokes<\/em> as to whether or not people outside a shul can combine with people in a shul to form a minyan.<\/em> The Mishnah Berura<\/em> maintains that at times of difficulty one may be lenient. However, he seems to contradict himself in hilchos zimun<\/em> where he rules stringently. Additionally, the Aruch HaShulchan<\/em> states that they cannot combine unless nine of the ten men are in one location. Furthermore, the Taz<\/em> and Pri Megaddim<\/em> assert that two areas which would not combine for peah<\/em> cannot combine for a minyan.<\/em> Two fields separated by a steep hill or pit cannot combine for peah;<\/em> therefore, two decks could not combine for a minyan<\/em> either. Due to the considerable doubt as to whether the men on the two decks can combine, Rabbi Heinemann, shlit\u201da<\/em>, paskens<\/em> that they should daven separately and not combine to form a minyan.<\/em>10<\/sup><\/a><\/p>\n\n\n\n Q: Under what conditions can ten men meet together in a public area to form a minyan?<\/em><\/p>\n\n\n\n A: The Teshuvos Minchos Yitzchok<\/em> states that ten men in an open area may join together to form a minyan<\/em> as long as they can see each other and hear the shaliach tzibbur<\/em>. As noted above, the Minchas Yitzchok<\/em> adds that ten people who form a minyan<\/em> in an open area need to ensure that they are not separated by a path running between them.11<\/sup><\/a> Rabbi Heinemann adds that the ten men should gather in one area and not be seperated by a fence which is ten tefachim<\/em> high unless the fence has a gap or opening that the men on one side can cross to the other side.12<\/sup><\/a><\/p>\n\n\n\n Q: When davening alone, is there any way to make up for the fact that one is missing davening with a minyan?<\/em><\/p>\n\n\n\n A. Chazal<\/em> tell us that tefillos<\/em> recited when davening with a minyan<\/em> are received directly by Hashem,<\/em> whereas tefilos<\/em> recited without a minyan<\/em> require angels to transport them. One of the Rishonim,<\/em> Rabbeinu Yehuda ben Yokor<\/em>, understands that malochim<\/em> do not respond to any language other than loshon hakodesh<\/em>, and therefore questions the efficacy of reciting private tefilos<\/em> in any other language.13<\/sup><\/a><\/p>\n\n\n\n However, he concludes that tefilos<\/em> which are said with a great amount of kavana<\/em> are accepted in any language, because they do not require malochim<\/em> to transport them. He deduces this from the Midrash<\/em> which says that when King Menashe<\/em> wanted to do teshuva<\/em> the melochim<\/em> refused to transport his tefilos<\/em> due to his great wickedness, but Hashem Himself accepted the fervent tefillos<\/em> of Menashe.<\/em>14<\/sup><\/a> Apparently, such tefilos<\/em> do not need malochim to transport them and are accepted directly by Hashem just as are tefilos<\/em> recited b\u2019tzibur.<\/em><\/p>\n\n\n\n There are additional measures that a person can take if he is unable to attend a minyan. Chazal<\/em> encourage him to synchronize his tefilos<\/em> with the tzibur<\/em> and daven<\/em> at the time of day as the minyan. Chazal<\/em> also advocate that such a person daven<\/em> the shacharis Shemoneh Esrei<\/em> at vasikin<\/em> (sunrise).15<\/sup><\/a><\/p>\n\n\n\n Q: Is one allowed to walk down the street on Shabbos<\/em> (in an area without an eruv)<\/em> wearing a face mask and disposable gloves?<\/p>\n\n\n\n A: A person is not allowed to carry in a public area on Shabbos<\/em> (unless there is an eruv).<\/em> However, this prohibition does not apply to clothing worn in a normal manner. At the time of this writing, people are expected to wear a face mask in public; this is now considered to be a standard item of clothing.16<\/sup><\/a> There are a number of additional reasons to permit wearing a face mask and disposable gloves in a public area on Shabbos:<\/em><\/p>\n\n\n\n 1. The Shulchan Aruch<\/em> cites two views as to whether gloves may be worn on Shabbos<\/em> in a public area. The lenient opinion permits this because gloves are an item of clothing intended to warm and protect one\u2019s hands in cold weather. However, the stringent opinion prohibits this due to the concern that a person may remove his gloves in order to gain full use of his fingers, which may result in his carrying the gloves in a public domain. The Mishnah Berura<\/em> states that it is customary to follow the lenient opinion, but a conscientious person should avoid doing so.17<\/sup><\/a> Arguably, the concern that a person may remove his gloves may not apply to those who feel a need to wear gloves for protection from contagion.18<\/sup><\/a><\/p>\n\n\n\n 2. In Talmudic times, shepherds wore specific work clothes. The Shulchan Aruch<\/em> states that a person who is not a shepherd may also wear these clothes in a public area on Shabbos,<\/em> because an item worn by some men is considered to be clothing for any man.19<\/sup><\/a> Doctors and nurses routinely wear masks and gloves as part of their work clothes. Therefore, these items may be categorized as clothing for everyone.<\/p>\n\n\n\n 3. Additionally, clothes may be worn even when they are not serving their intended purpose. For example, one may wear a winter coat in a public area even on a hot summer day.20<\/sup><\/a> Although gloves that are worn in cold weather look somewhat different from protective gloves, they are both essentially types of the same article of clothing which may be worn even when not needed as protection from cold weather.<\/p>\n\n\n\n 4. Although the use of medicine is restricted on Shabbos,<\/em> a person is permitted to fasten a bandage over a wound. This is because the bandage serves merely to protect the wound and does not heal. The Shulchan Aruch<\/em> states that a person with such a bandage may not enter a public domain on Shabbos<\/em> since the bandage is not considered to be an article of clothing. The Mishnah Berura<\/em> states that the Gr\u201da permits this and seems to accept this lenient view. Common practice is to wear a bandage in public areas on Shabbos.<\/em>21<\/sup><\/a> Wearing a face mask for protection in public is seemingly no different. A counterargument would be that a bandage protects the wearer, whereas a mask protects others from the wearer but does not protect him from others. It would seem logical, however, that a mask also provides some measure of protection to the wearer and may, therefore, be worn. Q: If every keilim mikvah<\/em> in a city is closed, what should one do when buying a new kitchen utensil?<\/p>\n\n\n\n A: A new utensil which requires tevilah<\/em> may be immersed in a river or stream which flows year-round or an ocean or sea.23<\/sup><\/a> However, one should not tovel keilim<\/em> in a small stream if there has recently been significant rainfall such that the majority of the water present may be rainwater rather than stream water.24<\/sup><\/a><\/p>\n\n\n\n A person may be faced with a situation where this option is not available. For example, on Shabbos<\/em> it is prohibited to perform tevilas keilim<\/em>. The Shulchan Aruch<\/em> states that in this case, one should give the utensil to a non-Jew as a gift and subsequently borrow it back from him. The utensil may then be used without tevilah<\/em> because it is no longer owned by a Jew. However, the Taz<\/em> maintains that this is not a long-term solution as, over time, it will be forgotten that the utensil belongs to a non-Jew.25<\/sup><\/a><\/p>\n\n\n\n In a situation where a person will not have access to any mikvah<\/em> or water source for the long-term, Rav Shlomo Zalman Auerbach, zt\u201dl,<\/em> suggests that if there is no other recourse he may renounce ownership of new utensils by declaring in the presence of three men that he is making the utensils hefker.<\/em>26<\/a><\/sup> The men should be adult shomrei mitzvos<\/em> that are not related to him or each other. If he cannot do this in person, he may do so by declaring this over the phone to three men who recognize his voice.27<\/sup><\/a> When he has access to a mikvah<\/em> he should reacquire the utensil and tovel<\/em> it, reciting a brochah<\/em> if applicable.28<\/sup><\/a><\/p>\n\n\n\n Alternatively, before acquiring the utensil from a non-Jew he should have in mind not to assume ownership of it. When he subsequently has access to a mikvah<\/em> he should reacquire ownership and tovel<\/em> it, reciting a bracha<\/em> if applicable.<\/p>\n\n\n\n Q: How far away can a person stand from the baal koreh<\/em> when receiving an aliyah to the Torah?<\/p>\n\n\n\n A: The Shulchan Aruch<\/em> states that a person who receives an aliyah to the Torah must read along with the baal koreh<\/em> and should not be given an aliyah if he is unable to do so. For this reason, the Shulchan Aruch paskens<\/em> that a blind person should not receive an aliyah. However, the Rema paskens<\/em> that one may give an aliyah to a person who is not knowledgeable enough to read along with the baal koreh<\/em>, and a blind person may also receive an aliyah even though he is unable to read along.
For these reasons, a person is permitted to wear a mask and gloves in a public area on Shabbos.<\/em> Howerver, Rabbi Heinemann feels that one should be careful to keep the mask over the face and not lower it down to the chin.22<\/sup><\/a><\/p>\n\n\n\n