Search results for: ""Psak""
Following a Halachic Decision (Psak) You Overheard
If you didn't ask for a psak but just heard someone talking about a halachic decision, you may ignore it.
Following a Halachic Decision (Psak) You Requested
You must follow the decision you are given if you asked for a psak if the psak is more stringent that what you want to do but if it is more lenient, you may still be more stringent than what you were told to do. If the decision affects anyone other than yourself, you may not be more lenient or more stringent but must follow what you were told.
Asking Multiple Rabbis for Psak
You may not normally ask multiple rabbis for halachic decisions about different questions, but if you do not have a primary rabbi, you may do so.
Shopping Around for Lenient Halachic Decision (Psak)
You may not generally ask different rabbis for their decisions of halacha in order to get the answer you want. You may also not ask a specific rabbi a question based on your expectation that he will give you the answer that you are seeking. But if someone asks you to recommend a rabbi, you may refer him or her to a rabbi who will give the answer that he or she would like to receive.
Changes in a Halachic Decision Due to New Facts
A halachic determination may be voided or changed if factual information is found that contradicts the information on which the halachic determination was made (such as incorrect science or incorrect statement of a condition or situation). However, you must check with the originator of the psak or the original source of information on which the halacha was based.
Unintentional Violation; Receive No Benefit (Psik Reisha...)
Psik reisha d'la nicha lei (halacha whose violation you don't intend and from which you receive no benefit) is not permitted.
Example
You open the refrigerator door on Shabbat and the light comes on. This is forbidden on Shabbat and Jewish festivals, even if you don't want or need the light.
However, you may ask a non-Jew to do an action for you that will be psik reisha d'la nicha lei.
EXAMPLE
You may ask a non-Jew to get your jacket from the car on Shabbat or a Jewish festival, even though a light will go on, but only during the daytime; if it is night and the light would be needed to find the jacket, you may not ask.
Example
You open the refrigerator door on Shabbat and the light comes on. This is forbidden on Shabbat and Jewish festivals, even if you don't want or need the light.
However, you may ask a non-Jew to do an action for you that will be psik reisha d'la nicha lei.
EXAMPLE
You may ask a non-Jew to get your jacket from the car on Shabbat or a Jewish festival, even though a light will go on, but only during the daytime; if it is night and the light would be needed to find the jacket, you may not ask.
Shabbat: Well Water
You may use water from a pump-operated well on Shabbat (as on Jewish festivals), as long as the pump operation is not a psik reisha (inevitable and immediate consequence of using any water tap).
Example You may use water from a well if it comes via an automatic pump that operates to fill a reservoir once the water level drops, but you may not:
- Operate the pump directly.
- Turn the pump on or off.
Shabbat and Dragging Heavy Objects
You may drag heavy objects over soil on Shabbat, but only if:
- You don't intend to make furrows, and
- Doing so will not inevitably (psik reisha) make a furrow.
Shabbat: Walking into Room with Motion Detector
Do not walk into a room on Shabbat that has a motion detector that causes LED lights or room lights to go on--unless you can enter the room without turning them on.
Note If you enter a room and then find that there is a motion detector that will turn on a light or an LED, you should not move until someone else has entered the room and the light has turned on. You may then leave while the light is still on.
Note Sometimes motion detector lights do not always go on, due to a defective detector or because you can walk slowly enough or out of the detector range. If so, then it is not a “psik reisha” and you may walk past the detector, even if it sometimes does turn on the lights. However, you may not use the light that goes on unless there is enough ambient light from other sources that you can see without needing the triggered light.
Examples
Note Sometimes motion detector lights do not always go on, due to a defective detector or because you can walk slowly enough or out of the detector range. If so, then it is not a “psik reisha” and you may walk past the detector, even if it sometimes does turn on the lights. However, you may not use the light that goes on unless there is enough ambient light from other sources that you can see without needing the triggered light.
Examples
- If you can avoid triggering the LED by walking slowly, you may enter the room.
- If you can open a door slowly without triggering the LED, and by letting the door swing closed the LED will light up, you may do so and then walk past the detector while the LED is on, but only if the door takes at least 2.5 seconds to close.
Introduction to Holidays/Jewish Festivals/Chagim/Yom Tov
Jewish Festivals are listed in the Torah and are of two types:
Duration
Jewish holidays that were originally one day are now observed as follows:
Character
Each holiday contributes its own character to Jewish life (Passover--the theme of freedom; Yom Kippur brings atonement, etc.).
Celebrating
How to celebrate these holidays is detailed in our Oral Law and halacha books. Jewish festivals as practiced today are similar in holiness to Shabbat. As with Shabbat, the Jewish festival has candle lighting, kiddush at two meals, and havdala. We eat our best food and wear our best clothing on Jewish festivals (we eat our next-best food and wear our next-best clothing on Shabbat!).
The main idea behind eating meals on Jewish festivals is joy (simcha), so you should drink wine and eat meat (only if you enjoy wine and meat). There is no third meal on Jewish festivals since people used to eat two meals each day (adding a third meal on Shabbat was for enjoyment/oneg).
Melachot
Any activities or actions permitted on Shabbat are also permitted on the Jewish festivals. Actions that are forbidden on Shabbat are generally also forbidden on Jewish festivals, but there are some leniencies (only if the actions are needed for that festival day).
Examples
Grama
Grama (indirectly causing an action) is permitted on Jewish festivals (but not on Shabbat). For example, you may advance or delay a timer that will make a light go on or off in the future (the timer must already be plugged in and operating from before sunset of the festival day).
Note For an action to be considered indirect based on time, there must be at least 2.5 seconds after the first action is done before the resulting action begins to happen.
Psik Reisha Dla Neicha Lei
Psik reisha dla neicha lei is forbidden on Jewish festivals, just as it is on Shabbat.
D'oraita Restrictions
D'oraita restrictions apply world-wide to:
Women
In general, women are not required to perform the positive, time-dependent commandments. Women and girls are not required to eat any Jewish festival meals except the Passover seder meal (but they are not allowed to fast on those days).
- Three pilgrimage festivals (shalosh regalim):
- Passover,
- Shavuot, and
- Sukkot (including Shimini Atzeret).
- High Holidays:
- The Jewish New Year (Rosh Hashana—“Yom Teru'a” in the Torah), and the
- Day of Atonement (Yom Kippur).
Duration
Jewish holidays that were originally one day are now observed as follows:
- Rosh Hashana--2 days.
- Yom Kippur--1 day.
- Shavuot--1 day in Eretz Yisrael or 2 days elsewhere.
- Passover has festival days at the beginning and end of the holiday and intermediary days of lesser holiness, which are called chol ha'moed. In Eretz Yisrael, Passover lasts for 7 days in total and the first and last days are festival days. Outside of Eretz Yisrael, Passover lasts 8 days and has two festival days at the beginning and two at the end.
- Sukkot has festival days at the beginning and at the end and intermediary days of lesser holiness, which are called chol ha'moed. In Eretz Yisrael, Sukkot lasts for 8 days and the first and last days are festival days (the last day is Shimini Atzeret). Outside of Eretz Yisrael, Sukkot lasts for 9 days and the first two days and last days are festival days (the 8th day is Shimini Atzeret and the 9th day is Simchat Torah).
Character
Each holiday contributes its own character to Jewish life (Passover--the theme of freedom; Yom Kippur brings atonement, etc.).
Celebrating
How to celebrate these holidays is detailed in our Oral Law and halacha books. Jewish festivals as practiced today are similar in holiness to Shabbat. As with Shabbat, the Jewish festival has candle lighting, kiddush at two meals, and havdala. We eat our best food and wear our best clothing on Jewish festivals (we eat our next-best food and wear our next-best clothing on Shabbat!).
The main idea behind eating meals on Jewish festivals is joy (simcha), so you should drink wine and eat meat (only if you enjoy wine and meat). There is no third meal on Jewish festivals since people used to eat two meals each day (adding a third meal on Shabbat was for enjoyment/oneg).
Melachot
Any activities or actions permitted on Shabbat are also permitted on the Jewish festivals. Actions that are forbidden on Shabbat are generally also forbidden on Jewish festivals, but there are some leniencies (only if the actions are needed for that festival day).
Examples
- Lighting from an existing flame,
- Cooking and baking for the Jewish festival day, and
- Carrying outside the eruv (hotza'a--transferring objects between domains).
Grama
Grama (indirectly causing an action) is permitted on Jewish festivals (but not on Shabbat). For example, you may advance or delay a timer that will make a light go on or off in the future (the timer must already be plugged in and operating from before sunset of the festival day).
Note For an action to be considered indirect based on time, there must be at least 2.5 seconds after the first action is done before the resulting action begins to happen.
Psik Reisha Dla Neicha Lei
Psik reisha dla neicha lei is forbidden on Jewish festivals, just as it is on Shabbat.
D'oraita Restrictions
D'oraita restrictions apply world-wide to:
- First and seventh days of Passover,
- First and eighth days of Sukkot,
- First day of Shavuot,
- Yom Kippur,
- First day of Rosh Hashana.
Women
In general, women are not required to perform the positive, time-dependent commandments. Women and girls are not required to eat any Jewish festival meals except the Passover seder meal (but they are not allowed to fast on those days).
Introduction to Shabbat, IDL, and Region of Safek/Doubt
The International Dateline (IDL), which is 180 degrees away from Greenwich, England, crosses the Pacific ocean from north to south and divides a region of safek/doubt as to which day is Shabbat. This region's eastern boundary is a line 180 degrees east of Jerusalem, which lies between Hawaii and the US mainland; the western boundary is east of Shanghai. All countries in this region of IDL safek/doubt are island countries.
In a region of doubt, such as Tasmania, keep normal Shabbat (Shabbat d'rabanan) on local Saturday and keep Shabbat d'oraita on:
Situation
You are in a place near the International Dateline (IDL) in which you are not sure which day of the week it is halachically: Shabbat or, if you are east or west of the IDL, Friday or Sunday.
What To Do
On the Friday or Sunday in question, there is no shvut (d'rabanan prohibitions, including muktza), so you may do all melacha d'rabanan WITHOUT a shinui. You may:
D'oraita, you may not:
In a region of doubt, such as Tasmania, keep normal Shabbat (Shabbat d'rabanan) on local Saturday and keep Shabbat d'oraita on:
Friday if you are:
- West of mainland USA, but
- East of the IDL, and
- Not attached to the mainland.
In this category are some islands off the coast of Alaska, Cook Islands,
Hawaii, French Polynesia (Tahiti, Bora-Bora, etc.), and most of the other
islands in Polynesia.
Hawaii, French Polynesia (Tahiti, Bora-Bora, etc.), and most of the other
islands in Polynesia.
Sunday if you are:
- West of the IDL, but
- East of Shanghai, and
- Not attached to the mainland.
In this category are Fiji, Japan, Kwajalein, Micronesia-Palau, New
Caledonia, New Zealand, Papua New Guinea, Samoa, Solomons,
Tasmania, Tonga, Truk, Vanuatu, Yap. Also parts of Taiwan, the
Philippines, and Indonesia.
Note In all cases, you must still observe regular Shabbat on Friday night/Saturday.Caledonia, New Zealand, Papua New Guinea, Samoa, Solomons,
Tasmania, Tonga, Truk, Vanuatu, Yap. Also parts of Taiwan, the
Philippines, and Indonesia.
Situation
You are in a place near the International Dateline (IDL) in which you are not sure which day of the week it is halachically: Shabbat or, if you are east or west of the IDL, Friday or Sunday.
What To Do
On the Friday or Sunday in question, there is no shvut (d'rabanan prohibitions, including muktza), so you may do all melacha d'rabanan WITHOUT a shinui. You may:
- Ask or tell a non-Jew to do anything, including a melacha d'rabanan or d'oraita.
- Ride in a cab or car driven by a non-Jew.
Note You may not drive a vehicle yourself.
Note You may open the door yourself, even if a light will come on, as long as you do not need to use that light to see.
- Use electricity--except for heat or light—including turning on a fan or air conditioner (heat and light are forbidden by the Torah).
- Use the telephone. (Using a cellphone may be permissible--ask a rabbi).
- Carry from a private domain (reshut ha'yachid) to another private domain, even through a public domain (reshut ha'rabim); but you may not stop walking in the public domain and you may not put the object down in the public domain unless you use a shinui.
- There is no practical way to light candles, even using a shinui, but a non-Jew may light them for you and and you may say the blessing on the candles.
- Swim, surf, scuba dive, climb, and play all games that do not use melacha. You may not wring out clothes and if you are swimming or scuba diving, your swimsuit or wetsuit must be clean.
- Walk any distance (there is no techum Shabbat d'oraita).
- Kinyan. You may acquire items.
-
Fly, including check in and getting on plane if:
- The pilot is non-Jewish, and
- You don't do any melacha d'oraita (including any writing) without a shinui.
- Use a computer if it automatically goes to sleep after less than 24 hours of not being used.
-
Shower. However:
- You may not use an “instant on” hot water system in which the water is heated as you use it; you may only use the hot water if it has a holding tank.
- You may use only liquid soap; hard soap is forbidden.
- Ingest medicine (but you may not smear it on skin).
- Use some make up, such as rouge, mascara, eye shadow. You may not use lipstick.
- Open a refrigerator with light (and all other psik reisha d'la neicha lei).
-
You may buy necessities on Friday or Sunday as long as:
- The store owner is not Jewish (or if he/she is Jewish, does not write or print a receipt),
- You do not write, and
- There is no reshut ha'rabim.
- You use a shinui (non-normal way of doing that action--this is forbidden d'rabanan on Shabbat but is allowed on the Friday or Sunday in question), OR
- Two or more people do the melacha together.
D'oraita, you may not:
- Cook food.
- Turn on lights (but you may turn them off).
- Carry from domains.
- Boneh – building any permanent structure.
- Write two or more letters of the alphabet.
- Drive--there is no practical way to drive using a shinui.
- Shave--there is no practical way to shave using a shinui.
- Use toothpaste (but you may use tooth-cleaning powder).
- Use skin cream--you may dab it on without smearing it.
- Cook food. You must put food in the cooking utensil first, then turn on the heat with shinui. You may turn off the heat even without a shinui.
- Turn on lights (such as with your elbow).
- Stop along the way when carrying from a private domain (reshut ha'yachid) to another private domain, even through a public domain (reshut ha'rabim). As a shinui, you may carry the object in your mouth (as long as it is not food), etc.
- Tear paper (such as putting toilet paper across knees and moving the knees apart).
- Write (such as with the opposite hand).
If you fly east from Australia on Sunday:
If You Cross IDL from Friday into Saturday
- Do not do any melacha d'oraita from the time you are east of Australia's east coast.
- Do not even do any melacha d'rabanan once you have crossed the international dateline (IDL).
Note Once you have crossed into local Saturday night after local dark, Shabbat ends a second time!
If you travel west and cross the international dateline (IDL) from Friday into Saturday, do not do any melacha (d'oraita or d'rabanan) while you are flying over the area of doubt (safek).
Note If you land after sunset Saturday night, you will have missed most of Shabbat that week.