Niddah

Niddah 67a: Using the toilet before tevilah

Niddah 67a: Rabbi Yochanan said: If a woman opens her eyes too wide, or shuts them too tightly, her tevilah is not effective.

Rema Yoreh Deah 198:43: Some say that a woman must go to the bathroom before immersion in the mikvah, if she needs to, because if she holds herself back, her insides would not be accessible to the water.

נדה סז ע”א: א״ר יוחנן: פתחה עיניה ביותר, או עצמה עיניה ביותר ־ לא עלתה לה טבילה.

שולחן ערוך יו”ד קצ”ח מ”ג רמ”א: יש אומרים שהאשה צריכה להטיל מים קודם טבילה אם היא צריכה לכך גם צריכה לבדוק עצמה בגדולים ובקטנים שלא תהא צריכה לעצור עצמה ולא יהיו ראויים לביאת מים.

On one of the Satmar Rebbe’s trips to Eretz Yisroel, he passed through Switzerland, and Rav Mordechai Yaakov Breisch zt”l, rav of Zurich and author of Chelkas Yaakov, accompanied him on the train. In the course of the conversation, the Rebbe asked him, “What have you accomplished in your city?”

“I had toilets installed in each room of the women’s mikvah,” replied Rav Breisch.

“And why was that so important?” asked the Rebbe.

“Because if a woman feels the need to use the bathroom, but holds herself back during her tevilah in the mikvah, according to the Rema (Yoreh Deah 198:43) it is a chatzitzah. But if there is a toilet in every room, she can go whenever she wants, so she will be less likely to hold herself back.”

The Rebbe thought deeply for ten minutes, He was clearly very impressed, and his face was aflame. “Ah!” he exclaimed. “Every little piece of gashmius that you put into a mikvah is completely ruchnius!”

Source: Rabbi Yissachar Ber Teitelbaum, supervisor of the mikvah in the Zupnik Building in Williamsburg, who heard it from Rav Breisch’s grandson

Pesachim

Pesachim 50b: Paskening when the shailah is no longer relevant

Pesachim 50b: If one goes from a place where they work on Erev Pesach morning to a place where they do not work, or vice versa, he must follow the stringencies of both places.

Shulchan Aruch Orach Chaim 496:3: Residents of Eretz Yisroel who came to Chutz Laaretz are forbidden to do work on Yom Tov Sheini when in a city, even if they intend to return.

פסחים נ ע”ב: ההולך ממקום שעושין למקום שאין עושין או ממקום שאין עושין למקום שעושין נותנין עליו חומרי מקום שיצא משם וחומרי מקום שהלך לשם.

שו”ע או”ח תצ”ו ס”ג: בני ארץ ישראל שבאו לחוצה לארץ אסורים לעשות מלאכה ביום טוב שני בישוב אפילו דעתו לחזור.

A man from Eretz Yisroel who was staying in Antwerp for Yom Tov came over to Rav Chaim Kreiswrith and asked, “I just put on tefillin on Yom Tov Sheini. Was that correct?” Rav Kreiswirth refused to answer, saying, “I don’t answer questions about something that was already done. Siyata dishmaya is given to a posek only on questions that are relevant to someone’s future actions.”

Source: Mayim Chaim, p. 173

[According to the Shulchan Aruch, who holds that a Ben Eretz Yisroel keeps the Yom Tov Sheini in Chutz Laaretz only as a chumra, clearly he would be obligated to be machmir the opposite way as well, and put on tefillin.

However, the Chacham Tzvi (167) disagrees. He writes that minhag hamakom applies only in questions of halacha, where the same halacha applies in all locations, yet different communities follow different opinions. For example, the Gemara says that Eretz Yisroel and Bavel followed two different practices as to whether a certain fat is permitted. What is forbidden fat is forbidden everywhere, but certain places had a minhag to follow the opinion that considers certain fats not forbidden. If the community that considered it forbidden were to move en masse to the other location, they would continue to refrain from eating it, because the prohibition is not dependent on location. But Yom Tov Sheini is not a universal halachic question; it simply depends on whether the messengers of Beis Din reached that particular place. Therefore, people from Chutz Laaretz who are staying temporarily in Eretz Yisroel should only keep one day Yom Tov, just as they would if they had visited during the time when Beis Din sent out messengers.

According to this Chacham Tzvi, a resident of Eretz Yisroel while visiting Chutz Laaretz he must act completely like the local people, which would mean he does not put on tefillin either. Perhaps this was the question the man wanted to ask Rav Kreiswirth.]

Succah

Succah 6b: Is nail polish a chatzitzah?

Succah 6b: By Torah law, a chatzitzah only invalidates if it covers most of the body and the person does not want it there. But the Sages forbid the case when it covers most of the body and he does not mind, as well as the case when it covers the minority of the body and he does mind.

סוכה ו ע”ב: דאמר רבי יצחק דבר תורה, רובו ומקפיד עליו ־ חוצץ, ושאינו מקפיד עליו ־ אינו חוצץ. וגזרו על רובו שאינו מקפיד משום רובו המקפיד, ועל מיעוטו המקפיד משום רובו המקפיד.

Rabbi Yisroel Reisman told the following story to illustrate how people don’t always tell the rav the whole story. An experienced rav knows he may need to ask questions to get the information needed to answer the shailah.

A young man who learned in the kollel of Torah Vodaas came to Rabbi Reisman and said, “My wife went to the mikveh last night, and then in the morning she realized that she had missed removing nail polish from one nail.”

Certainly women do not want to be seen with just one nail polished, so this would seem to be a real chatzitzah. Rabbi Reisman couldn’t believe that the woman did not catch such a glaring mistake during her preparations for the mikveh, so he pressed the husband, “How could that be?”

“Well,” he said, “she was in a cosmetics store and wanted to try out a new color, but didn’t want to mess up her fingers, so she took off her shoe and sock and tried it on one of her toenails, and then a week later, when preparing for the mikveh, she forgot about it.”

“Ah, so it was the toe, not the finger. Does your wife wear sandals or open-toed shoes?”

“No,” he said, “her toes are always covered in public.”

“In that case,” said Rabbi Reisman, “her tevilah was fine. The nail polish was not a chatzitzah because she didn’t mind having it there.”

Source: Shiur on Yoreh Deah 198:1

Eiruvin

Eiruvin 55b: Building a mikvah in a quiet area

Eiruvin 55b: Those who live in huts are as if they live in graves, and regarding their daughters it is written, “Cursed is he who lies with an animal.” Why? Because they notice when their neighbors go to the mikvah.

Hagahos Ashri, quoting Agudah: Based on this, women have the custom to be discreet on the night of their immersion, and are careful not to go in a noticeable manner.

Shulchan Aruch Yoreh Deah 198:48, Rema: Some have written that a woman must be discreet on the night of her immersion, and this is indeed the custom of women, to conceal the fact that they are going to the mikvah that night, not to go noticeably or in front of others, so that people should not notice. And whoever does not do so – regarding her it says, “Cursed is he who lies with an animal.”

עירובין נה ע”ב אליעזר איש ביריא אומר: יושבי צריפין כיושבי קברים, ועל בנותיהם הוא אומר (דברים כ״ז) ארור שכב עם כל בהמה. מאי טעמא? וכו’ רבי יוחנן אמר: מפני שמרגישין זה לזה בטבילה. וכתב בהגהות אשרי שם ד”ה יושבי כו’. ונ”ל בשביל זה נהגו הנשים להיות צנועות בליל טבילתן שלא לילך במהומה, אגודה.

רמ”א יו”ד קצ”ח סמ”ח יש שכתבו שיש לאשה להיות צנועה בליל טבילתה וכן נהגו הנשים להסתיר ליל טבילתן שלא לילך במהומה או בפני הבריות שלא ירגישו בהן בני אדם ומי שאינה עושה כן נאמר עליה ארור שוכב עם בהמה.

The holy Shamloyer Rav zt”l, Rabbi Shlomo Zalman Ehrenreich, who perished Al Kiddush Hashem in the Holocaust, was one of the greatest Torah scholars of his time. He published many volumes of chiddushim, had a reputation as a fiery speaker, and taught generations of students.

It once happened that the pipes of the mikvah in Shamloy burst, causing the walls of the building to cave in. The entire mikvah needed to be rebuilt. Since the old mikvah stood on a very low spot relative to the city, and was reachable only via a long staircase, the leaders of the kehillah decided to rebuild it in a better, more accessible place.

But the Shamloyer Rav did not agree, because the new location was to be in a crowded Jewish neighborhood where everyone would see the women coming and going from the mikvah. The Rema says (198:48) that a woman must go to the mikvah discreetly, unnoticed by others in the city. Therefore, the Rav wanted the mikvah rebuilt in its old location.

One of the board members of the kehillah was a building contractor, and he argued that it would be dangerous to rebuild the mikvah in its old location. The kehillah board members were in a dilemma. On the one hand, they wanted to follow their Rav, who assured them it could be built safely in the old location, but on the other hand they feared that the contractor might be correct.

And so the rebuilding project was delayed, which pained the Rav greatly. He wanted to see the mikvah rebuilt as soon as possible.

One Shabbos afternoon, as he was saying his Pirkei Avos shiur, he came to a mishnah in the first perek which begins with the words, “He used to say…” The Rav posed the question: Why does the mishnah have to say these words?  Why can’t it just proceed directly with the quotation? 

He answered this based on the Gemara in Sotah 5a, which says that a Torah scholar should have a small measure of pride – an eighth of an eighth. Why? Isn’t arrogance a bad character trait? The Vilna Gaon explains that the Gemara is alluding to the eighth posuk in the eighth parsha of the Torah, in which Yaakov Avinu says, “I have become smaller due to all the kindness and truth You have shown Your servant.” Yaakov Avinu was implying that he did indeed have past merits, but Hashem had already rewarded him for them. 

Usually, the Shamloyer Rav continued, a person reaches humility by comparing himself with others who are greater than him. But talmidei chachomim and tzaddikim can reach humility in a different way: by comparing their current selves to their old selves. They should recall with pride their younger years, when they used to learn so diligently and daven with kavanah, but then think, “Today I’m older and weaker; I’m not as great as I once was.”

And that brings us to the explanation of our mishnah: “He used to say.” Just as Yaakov Avinu believed he had some merits from his younger years, our Tanna, with an eighth of an eighth of pride, said that in the old days he used to say good Torah.

At this point the Shamloyer Rav raised his voice and began to speak in the fiery style for which he was so famous: “I can testify that once upon a time, I was a true yerei shomayim. I learned Torah day and night.   On many nights, I stayed up learning Torah all night long. Without a doubt, I have some reward awaiting me in Olam Haba.  Everyone knows that the reward for learning Torah is tremendous. For the little that I learn nowadays, I don’t think I will deserve any reward. But in the old days when I was young, I learned with all my strength and for that I deserve some reward.

“And I announce here publicly that I give up my entire reward to anyone who can pay to rebuild the mikvah in its old location, as I want it, so that it should be a place of privacy and tznius!”

The audience was shocked to hear these intense words, spoken in all seriousness, coming out of his holy mouth. The next morning, Mr. Avraham Lauber came to the Rav and said, “I take you up on your offer. I am ready to pay for the entire mikvah in exchange for the Rav’s reward in Olam Haba.”

The Rav’s face shone with happiness. With tears running down his cheeks, he shook hands with Mr. Lauber, and said to him clearly: “I hereby give you my share in Olam Haba, my reward for the Torah that I learned in my young years, as a complete and irreversible gift.”

With the money donated, the Rav hired a new contractor from Grossvardein, who was able to build the mikvah in its old location.

Source: Even Shleimah, v. 1, Toldos Rabbeinu

Bava Basra

Bava Basra 8b: Diverting tzedaka money to a different cause

Bava Basra 8b: The people of the town are allowed to switch funds from kuppah (for the local poor) to tamchuy (for all the poor in the world) and vice versa, or to divert the funds to whatever cause they want.

Shulchan Aruch Yoreh Deah 256:4: The people of the town are allowed to switch funds from kuppah (for the local poor) to tamchuy (for all the poor in the world) and vice versa, or to divert the funds to any public need that they choose, even though they did not stipulate such at the time they collected it. And if there is a great rabbi in the city and all charity is collected subject to his discretion, and he distributes it to the poor as he sees fit, then he can divert the money to any public need as he sees fit.

בבא בתרא ח ע”ב: ורשאים בני העיר לעשות קופה תמחוי ותמחוי קופה, ולשנותה לכל מה שירצו.

שולחן ערוך יורה דעה רנ”ו ס”ד: רשאים בני העיר לעשות קופה תמחוי ותמחוי קופה ולשנותם לכל מה שירצו מצרכי צבור ואע״פ שלא התנו כן בשעה שגבו ואם היה במדינה חכם גדול שהכל גובים על דעתו והוא יחלק לעניים כפי מה שיראה ה״ז יכול לשנותו לכל מה שיראה לו מצרכי צבור.

The Beserminer Rav, Rabbi Yitzchok Isaac Lieberman zt”l, lived in Chicago starting in the 1940’s, and he begged the Satmar Rebbe many times to spend a Shabbos in Chicago to give encouragement to the local Jews and influence them spiritually. The Rebbe’s gabboim told the Beserminer Rav that undertaking such a difficult trip, which would involve a long train ride, would be very taxing on the Rebbe’s already busy schedule. But if the visit could bring in at least $5,000 for the Yitav Lev yeshiva in Jerusalem, established by the Rebbe for young Holocaust survivors – the Rebbe would go. Running this yeshiva had already brought the Rebbe deep into debt.

The Beserminer Rav replied that he would make sure to raise the $5,000. At the beginning of 5708 (October 1947), right after the Yamim Tovim, the Rebbe traveled to Chicago, where the local Jews spent an uplifting Shabbos with him. After Shabbos, a dinner was held to benefit the Yitav Lev yeshiva, and the Beserminer Rav worked hard to collect the entire sum needed.

Before the Rebbe returned, the rabbonim of Chicago came to bid him farewell, and they discussed the state of the Jewish community. When the subject of the mikvah came up, they told the Rebbe that the mikvah needed repair, but there was no money to do the repair.

The Rebbe went right away to see the mikvah for himself, and indeed it did not comply with one of the stringencies that he kept. He asked the rabbonim why they couldn’t make the change, and they replied that fixing it would require digging down to the foundations, a major expense that was beyond their capabilities. The Rebbe asked how much it would cost to do the work, and they estimated $5,000. The Rebbe didn’t think twice; he took out the entire sum he had raised in Chicago to pay off some of his debts on the Yitav Lev yeshiva, and gave it to the rabbonim to use for the mikvah… Understandably, this made a big impression on the rabbonim, and they quickly moved to get the mikvah fixed.

The Rebbe later wrote to the Beserminer Rav, “Thank you for bringing me to Chicago to fix the mikvah and make it compliant with the highest standards. I will always be grateful to you in this world and the next.”

Source: Sefer Mayim Chaim, by Shmuel Shloime Teller

Moed Katan

Moed Katan 2a: Building a shul on Chol Hamoed

Moed Katan 2a: We may fix roads and town squares and mikvaos, we may take care of all public needs, and we may mark graves.

Shulchan Aruch Orach Chaim 544:1: Public needs may be taken care of on Chol Hamoed, for example, fixing the roads and removing potential dangers from them, marking graves so that the kohanim stay away, and fixing mikvaos. Rema: This heter is only for things like the above that are needs of the body, but other public needs, such as a shul, are forbidden to build on Chol Hamoed. And the same goes for any mitzvah needs – it is forbidden to do professional work for them.

Mishnah Berurah: This means even a shul that is needed to daven in with a minyan on Chol Hamoed, and even if they have no other place to hold the minyan, it is still forbidden, since this is not a bodily need. And even if they already began construction, and it just needs to be finished on Chol Hamoed, it is forbidden, since this is a professional job. However, the poskim (the Beis Yosef in Bedek Habayis) say that nowadays, building a shul is a davar ha’aved, because we fear that if we wait until after the Moed, the non-Jewish workers will refuse to continue building. The Maamar Mordechai says that the answer to this shailah varies depending on the time and place, and every rav must pasken as he sees fit.

מועד קטן ב ע”ב: ומתקנין את הדרכים ואת הרחובות ואת מקוות המים, ועושין כל צורכי הרבים, ומציינין את הקברות.

שולחן ערוך אורח חיים תקמד,א: צרכי רבים מותר לעשותה בחול המועד כגון לתקן הדרכים ולהסיר מהם המכשולות ולציין הקברות כדי שיזהרו מהם הכהנים ולתקן המקואות: הגה ודוקא צרכי רבים כאלו שהם צריכים לגוף האדם אבל שאר צרכי רבים כגון בנין בית הכנסת (ב״י בשם תשובת הרשב״א) אסור לעשות במועד וה״ה דלשאר צרכי מצוה אסור לעשות מלאכת אומן במועד (ריב״ש סימן רנ״ו)

משנה ברורה: כגון בנין ביהכ״נ. לרבותא נקט דאפילו בנין ביהכ״נ שהוא מצוה כדי להתפלל בו במועד בעשרה ואפילו אין להם מקום אחר להתפלל בעשרה ג״כ אסור שזה אין צורך לגוף האדם ואפילו התחילו מכבר לבנותו וא״צ במועד אלא להשלימו אסור מפני שהוא צריך מעשה אומן לזה. כתבו הפוסקים דבזה״ז הוי בנין ביהכ״נ דבר האבד דחיישינן שאם ימתין עד אחר המועד יעכבו העכו״מ מלבנותו. ובספר מאמר מרדכי כתב דהכל לפי המקום והזמן ואין לדיין אלא מה שעיניו רואות ע״ש.

When Rabbi Moshe Heinemann and his kehillah built the Agudah building on Park Heights in Baltimore, they chose the cheapest contractor, who was $60,000 cheaper than his competitors. But in the middle of the construction he went bankrupt. It was Chol Hamoed, and the workers were not willing to sit and wait. Now it was a question of davar ha’aved – if the Agudah didn’t pay the workers to keep working, they would leave and find other employers to work for. The Agudah would then have to find a new contractor, which would cost them a lot more, since the contractor would know they were stuck. Therefore, based on the Mishnah Berurah, Rabbi Heinemann permitted the shul to pay the workers and continue the construction on Chol Hamoed.

Source: Kuntres Mah Nomar, Hilchos Chol Hamoed, p. 7

[Why is a mikvah considered a physical need while a shul is considered a mitzvah need? One answer could be that in those days people didn’t have private bathrooms, and they had to bathe in the public bathhouse. A mikvah is simply a bathhouse that is made according to the halachos of mikvaos. Since they would need it anyway to get clean, it is considered a physical need. According to this, nowadays it would be forbidden to build a mikvah on Chol Hamoed.

Alternatively, we could say that a mikvah is really for physical needs – to permit husbands and wives. The same reasoning would explain why it is allowed to mark graves: because otherwise kohanim would have difficulty getting around, so this is considered a physical need.]    

Makos

Makos 16b: The Cat in the Cholent

Makos 16b: Rav Bivi bar Abaye said: Someone who drinks from the vessel used by the doctor to draw blood is transgressing “lo seshaktzu”.

Shulchan Aruch Yoreh Deah 116:6: It is forbidden to consume food or drinks that are revolting to people, for example, if vomit, feces or puss got mixed into them. Similarly, it is forbidden to eat or drink out of dirty dishes, such as those used in the bathroom or glass containers used to let blood, and the like; and similarly one should not eat with dirty hands or on dirty dishes – because all of these are included in the prohibition “do not make yourselves disgusting.”

Shulchan Aruch Yoreh Deah 103:2 If the issur gives a bad taste to the food, but it is still edible, then as long as the issur is less than 50%, it is kosher.  

מכות טז ע”ב: אמר רב ביבי בר אביי: האי מאן דשתי בקרנא דאומנא ־ קא עבר משום לא תשקצו.

שולחן ערוך יורה דעה קטז,ו: אסור לאכול מאכלים ומשקים שנפשו של אדם קצה בהם כגון משקים ואוכלים שנתערבו בהם קיא או צואה וליחה סרוחה וכיוצא בהם וכן אסור לאכול ולשתות בכלים הצואים שנפשו של אדם קצה בהם כגון כלים של בית הכסא וכלי זכוכית שמקיזים בהם וכיוצא בהם וכן לא יאכל בידים מזוהמות ועל גבי כלים מלוכלכים שכל אלו בכלל אל תשקצו את נפשותיכם.

יורה דעה קג,ב: פגם זה אין צריך שיפגום לגמרי עד שיהא קץ לאכלו אלא אפילו פוגם קצת אינו אוסר תערובתו ויש מי שאומר דהיינו דוקא כשנתערב איסור מועט עם היתר מרובה אבל איסור מרובה לתוך היתר מועט ואפילו מחצה על מחצה אין אומרים נותן טעם לפגם מותר עד שיפגום לגמרי שאינו ראוי למאכל אדם.

One Shabbos in the Ponevezh Yeshiva during the 1948 war, when the food supply was short, a pot of cholent sat cooking on the stove.  One of the many hungry cats in the neighborhood smelled the cholent and wanted to eat some, so he climbed up onto the edge of the pot, stretched his neck down and tried to eat, but unfortunately, in the process he fell in and died. In the morning, the cook came in and saw that the volume of the cholent had increased. Eventually, he realized that a dead cat was in the cholent. They had a non-Jew remove the cat, but the question was whether the cholent was kosher or not.

There are two shailos here: 1) Is the cat considered “nosein taam lifgam”, so that its taste requires only a rov to be mevatel it – no need for 60 times? 2) Would this be considered “bal teshaktzu” – eating a disgusting thing? The cook asked the rosh yeshiva, who said that the cat was considered “lifgam” because in Eretz Yisroel, no one eats cats. Regarding the second question, he said not to tell any of the bochurim that a cat was cooked in the cholent, because when you don’t know, there is no prohibition of “bal teshaktzu”. By the time they found out, it was already half a year later. After that, they made sure to put a cover on the cholent every time.

Source: Kuntres Mah Nomar, Hilchos Kashrus, p. 139  

Sanhedrin

Sanhedrin 40a: Can the minority judge use a trick to prevail in beis din?

Sanhedrin 40a: If a court of 23 is judging a case, 11 say innocent, 11 say guilty, and 1 says, “I don’t know,” or even if 22 of them say innocent or guilty and 1 says, “I don’t know,” they must add judges. And how many do they add? Two at a time, until they reach 71.

סנהדרין מ ע”א: אחד עשר מזכין ואחד עשר מחייבין. ואחד אומר איני יודע, ואפילו עשרים ושנים מזכין או מחייבין ואחד אומר איני יודע ־ יוסיפו הדיינין. וכמה מוסיפין ־ שנים שנים, עד שבעים ואחד.

Rav Chaim Kreiswirth was once sitting on a beis din when he realized that the other two dayanim were going to pasken wrongly. If he voted against them, he would be overruled. Therefore, he said, “I must admit that I don’t know who is right and who is wrong here. Maybe you can explain to me how you are so certain?” As much as they tried, they could not convince him; he insisted that he didn’t know. This forced them to bring in two more dayanim.

According to the Rambam Hilchos Sanhedrin 8:2, the one saying “I don’t know” is still part of the beis din, so you have the original 2, the new 2, and the “I don’t know” for a total of 5. (But this time, if at least 3 dayanim agree on a psak, even if one or both of the other 2 say “I don’t know”, we follow the majority.) In this case, Rav Kreiswirth must have been hoping that both of the new dayanim would take his side, and then he too would reveal his true opinion.

Source: Mayim Chaim p. 168

[The question of whether it is allowed for a dayan to lie and say “I don’t know” as a tactic is discussed by the Pischei Teshuva Choshen Mishpat 18:5. He brings that this was a dispute between the Beis Yaakov (15) and the Shvus Yaakov (1:138). The Beis Yaakov held it is forbidden, because this would embarrass the whole beis din by making it seem that they are unlearned. But the Shvus Yaakov held it is permitted in order to bring about true justice. The Pischei Teshuva quotes a compromise opinion, the Birkei Yosef, who says that the Shvus Yaakov is correct only in the particular case he was asked about, when a rav was called to judge a dispute together with two ignorant people (“yoshvei kranos”). But when the other two judges are learned and qualified people, the third has no right to lie and subvert their psak. He must declare his true opinion and let the halacha be decided by the majority, as the Torah commands.

Since we can assume that Rav Kreiswirth sat on a beis din with qualified talmidei chachomim, it must be that he held like the Shvus Yaakov in all cases, not just with ignoramuses.

Incidentally, Rabbi Akiva Tatz uses this Pischei Teshuva to make the point that one can harm another person with his free will even if the harm was not decreed by Hashem. The only exception is when the harm is being carried out by a beis din; in that case, Hashem stands with the beis din and whatever they decide must have been His will. That is why in the case of a qualified beis din, the dissenting dayan should speak the truth and let the majority decide against him: even if he is halachically correct, the beis din’s psak must have been Hashem’s will. But a beis din of ignoramuses or colluders is not a beis din at all, and it’s his duty to stop them from harming the litigant using any method available to him.  

Similarly, the Chinuch (Mitzvah 524, Edim Zomemim) quotes the halacha that if the beis din has already executed a man based on the false testimony, the witnesses are not punished. He explains: “For G-d stands among the dayanim, and if the accused had not been liable to die due to other sins he committed, he would not have been convicted.” It is clear from the Chinuch that this is true only of someone executed by beis din, but a regular murder victim might die despite not deserving it, simply because of the free will of the murderer.]

Shabbos

Shabbos 19a: Flying back into Shabbos

Shabbos 19a: One may not depart on a ship less than three days before Shabbos. This is only on a pleasure trip, but for a mitzvah it is permitted.

שבת יט ע”א: תנו רבנן: אין מפליגין בספינה פחות משלשה ימים קודם לשבת. במה דברים אמורים ־ לדבר הרשות, אבל לדבר מצוה ־ שפיר דמי.

A girl named Amalia took a flight from New York to South Korea. The plane took off an hour after Shabbos, and flew northwest over Canada and the Arctic Ocean. When she landed, it was Monday morning in Korea. However, during the Arctic part of the flight, before crossing the dateline (according to any opinion as to where the halachic dateline is located), it became light for a while. She asked: Did she have to keep Shabbos during that period? And was she allowed to take the flight in the first place?

Let’s assume she was traveling for pleasure. The Rishonim disagree on the reason why it’s forbidden to embark on a ship in the last three days before Shabbos. The Mishnah Berurah lists five opinions in his introduction to OC 248. Let’s go through them and see if any of them apply to our case.

  1. Rabbeinu Chananel, as well as Rabbi Shmuel ben Eli, Gaon of Baghdad in the Rambam’s time (quoted in Igros Harambam p. 278), held that the reason is techumin. If the bottom of the boat is less than 10 tefachim from the bottom of the river, then there is definitely a problem of techumin. And even if the water is deep, there is a sofek (Eiruvin 43a) whether techumin apply above 10 tefachim. The rule is sofek d’oraisa l’chumra, so one would not be allowed to travel more than 12 mil on such water, because 12 mil is the techum d’oraisa. In Amalia’s case, however, there is no problem of techumin because she departed from New York AFTER Shabbos, and one’s techum can only be established at the onset of Shabbos.

2. The Rif and Rambam argued that if the problem were techumin, it would not be permitted even on Sunday, Monday or Tuesday, or for a mitzvah. Rather, it must be that on a body of water there is never a techum d’oraisa. Therefore, if the boat’s bottom is more than 10 tefachim off the bottom of the water (or in an airplane flying over water), techum is always m’drabbanan and one may travel as far as one wants. What then is the prohibition of embarking on a ship within three days of Shabbos? It is because sea-sickness will prevent him from enjoying Shabbos. In our case, there is no sea-sickness on an airplane.

The Shulchan Aruch OC 248:2 and 404 paskens like the Rambam’s leniency about techumin on water. Here, since the flight traversed land in the Arctic too (Canada), the Rambam’s leniency in techumin does not apply. However, as explained above, one’s techum cannot be established in the middle of Shabbos, only at the onset.

3. The Baal Hamaor holds the reason is because the Jew might be forced to do melacha in the middle of the voyage. On an airplane, passengers never have to do any melacha.

4. The Ramban holds that the non-Jews on the ship might have to do melacha for the Jew. The Mishnah Berurah says this would not apply when the ship belongs completely to a non-Jew. Presumably, it must also be true that most of the passengers are non-Jews – see Shabbos 122a. This is usually the case on flights to South Korea.

5. Tosafos hold that the reason is because water travel is similar to swimming. This reason would not apply on a plane.     

This was all written regarding the ships of the Gemara’s time, which were sailboats. What about ships with a steam or internal combustion engine, or airplanes? Seemingly, two new problems would arise.

  1. By sitting in the ship or plane, the Jew is adding weight and thus causing more fuel to be burned. This would apply if he boarded on Shabbos; however, when boarding before Shabbos it would seem to be a passive transgression, which would be mutar. It would be similar to sitting down on the gas pedal of a vehicle before Shabbos and remaining there for the duration of Shabbos.

2. The Ramban’s reason – that the non-Jews do melacha for the Jew, might become a problem now even when the majority of the passengers are non-Jews. The reason is that we consider the work to be done primarily for the majority only in a situation like lighting a candle, where the Gemara says, “a candle for one is a candle for a hundred.” But here, every time the pilot accelerates, he is adding a bit more fuel for the Jew. This is called ribuy shiurim – adding on to the same melacha. This would be analogous to the case of a non-Jew who warmed up water for the use of two non-Jews and one Jew, or for a sick person and a healthy person – would it be allowed to use that water? Tosafos in Gittin 8b is uncertain about this question.

The Shemiras Shabbos K’hilchasa (30:55) says that it’s allowed to travel on a motorized ship driven by non-Jews, provided that the ship departs on a fixed schedule, whether there are enough passengers or not. Apparently, he paskened that ribuy shiurim by a non-Jew is permitted. Thus in our case – the plane traveling on Shabbos – it would be permitted as well.

Finally, even if someone were to disagree with any of the logic above, and they were to argue that one or more of the Rishonim’s reasons do apply to planes (e.g. they would argue that people do feel motion sickness on a plane, or that there is some chance that the Jew will have to do melacha, or that one could indeed have a techum when popping into the middle of Shabbos) I would still contend that it is mutar because in our case, she departed on Motzaei Shabbos, not on Wednesday, Thursday or Friday. Just as Chazal permitted departure at the beginning of the week even though they knew that the voyage would include a Shabbos, so too it is allowed to depart on Motzaei Shabbos even though one knows that part of the flight will be on Shabbos.

In conclusion, Amalia may take the flight, but she should be careful not to do any melacha during the part of the flight when it is Shabbos.

Zevachim

Zevachim 25b: The Baba Sali’s Miraculous Mikveh

Zevachim 25b: If one used a item that is mekabel tumah, such as his hand or foot, or vegetable leaves, to bring water to use for Parah Adumah (or for a mikveh – Rashi), it is posul… because the posuk says, “But a spring or a cistern, a pool of water shall be tahor” – it must come into being through taharah.

Yoreh Deah 201:48: A metal pipe may not be used to bring water into a mikveh, because it is mekabel tumah… but if it is connected to the ground, even if it flows directly into the mikveh, it is kosher, because it is no longer mekabel tumah since it is considered part of the ground.

זבחים כה ע”ב: תנן התם: נתן ידו או רגלו או עלי ירקות כדי שיעברו מים לחבית ־ פסולין, עלי קנים ועלי אגוזים. כשירהֹ זה הכלל: דבר המקבל טומאה ־ פסולין, דבר שאינו מקבל טומאה ־ כשירין. מנא הני מילי? דאמר רבי יוחנן משום רבי יוסי בר אבא, אמר קרא: (ויקרא יא) אך מעין ובור מקוה מים יהיה טהור, הוייתן על ידי טהרה תהא.

רש”י: הוייתן־ של מים המטהרים ע״י טהרה תהא כשאתה מהווה אותם להיות מקוה או קדוש הוי מהווה אותם על ידי דבר שאין מקבל טומאה.

יורה דעה ר”א, מח: וכן סילון של מתכת אסור להמשיך בו מים למקוה שמקבל טומאה והוא שיהיו המים נופלים להדיא מדבר המקבל טומאה לתוך המקוה אבל אם נופלים על שפתו בחוץ ונמשכין לתוכו או שמחבר לפי הסילון של אבר צנור קטן של עץ או של חרס שהמים מקלחין ממנה למקוה כשר ואם הסילון של מתכת מחובר לקרקע אפי׳ מקלח להדיא לתוך המקוה כשר שהרי אינו מקבל טומאה לפי שהוא בטל אגב קרקע.

When the Baba Sali came to live in the city of Boudenib, Morocco, he learned that the mikveh there was very old, and the women did not enjoy using it. He called a gathering of the board of the kehillah and asked them to build a new, beautiful mikveh that would be comfortable for the women.

They agreed to his request, and the mikveh was finished in the month of Tammuz. In that part of the world, it doesn’t rain in the summer, so the board members came to the Baba Sali’s house and informed him, “The mikveh is ready; we only have to wait until the month of Cheshvan, when it will rain and fill up the rainwater basin.”

But the Baba Sali wanted the mikveh to be usable as soon as possible. He lifted his eyes to the heavens and said, “Ribono Shel Olam, You commanded us to live in holiness and purity, and we want to follow Your command. We have done what we can; now You do what You can for the sake of Your holy name!”

As soon as he finished his prayer, even before the board members had left his room, a heavy rain miraculously began to fall, and the rainwater basin was filled up right away.

However, their joy was short-lived. A few hours later, as the Baba Sali examined the new mikveh, he noticed that the pipe through which the water ran into the basin was made of metal. Although it was kosher according to the Shulchan Aruch (YD 201:48) and most poskim, there was one stringent opinion, the Beis Yehuda, who held it is posul. The Baba Sali told them to empty the mikveh right away and install a new pipe made of wood, which is not mekabel tumah, saying, “I want a mikveh built according to the strictest standards.”

His talmidim protested and begged him to let go of this chumra, saying, “Not every day does a miracle happen. What’s the chance that another freak rainstorm will come right after the first one?”  But he was as strong as a rock, and they had no choice but to follow his orders. They emptied the newly-filled basin and switched the metal pipe for a wooden one so that it would be kosher according to all opinions.

As soon as they finished fixing the mikveh, he turned to the heavens once again in prayer and said, “Holy Beis Yehuda! We followed you and declared the mikveh posul because of your shitah. I ask you to go to Hashem’s throne and ask Him to make it rain again for the sake of the taharah of the Jewish people, so that they can use the mikveh now.”

A short time went by, and, on that same day, rain poured down and filled up the rainwater basin again.

Source: Sefer Otzros Hatorah, Parshas Haazinu, volume 5

[According to the Shulchan Aruch, any pipe, even a metal one, that was attached to the building is considered not “mekabel tumah” and the mikveh is kosher. However, the Baba Sali wanted them to be machmir for the Beis Yehuda. Who is this Beis Yehuda, and why was he machmir? Some have suggested that he was referring to Rabbi Yehuda Ayash, a Sephardi posek whose Shailos Uteshuvos Beis Yehuda was published in 1746. However, I was unable to find a teshuva on this, or indeed any mikvaos subject, in the Beis Yehuda. 

Perhaps there was a misprint in the story, and it should say Noda Beyehuda, who is in fact more machmir than the Shulchan Aruch on this point: In the Dagul Mervavah, he writes that attaching the pipe to the building only works if the pipe was manufactured for the purpose of attaching it to the building. Some poskim accept this chumra lahalacha, such as the Lechem V’simlah, the Mei Hashiloach, the Ksav Sofer and the Avnei Nezer. Others do not, such as the Chasam Sofer, the Beis Meir, the Divrei Malkiel, the Maharsham and the Gidulei Taharah.]