Parshas Vayigash – 5785 – Intriguing Questions & Answers
Magic Shows in Halacha
Q: I am often asked whether it is permitted to watch magic shows, or perhaps there is a concern for the prohibition of kishuf (sorcery) or similar issues.
A: The general ruling is that since it is widely understood that there is no real magic involved and that these performances are simply sleight of hand, it is permissible. However, some Poskim recommend that the performer clarify to their audience that their acts are entirely sleight of hand and illusions, not sorcery. We will now explain the reasoning for this ruling.
The Shach (Yoreh Deah 179:17) quotes the Bach, who writes that sleight of hand (achizas einayim), when performed with an act, would constitute an act punishable by lashes. The Chochmas Adam (Klal 85, Din 6) rules that hiring and paying a magician violates the prohibition of lifnei iver. See further in Pischei Teshuva (ibid. 7) and Shevet HaLevi (5 (129:who are stringent in these cases.
On the other hand, in Igros Moshe (Vol. 8, Yoreh Deah 4, §13), R’ Moshe has difficulty with the notion that sleight of hand performances constitute the prohibition of kishuf. He points out that some people are born with unique strengths or abilities, like Shimshon’s exceptional strength: Is it reasonable to suggest that we should forbid a person from using their natural talents? He further brings proofs to permit such performances, but hesitates to argue on the stringent opinions of earlier Poskim. When asked, he tried to avoid answering, but ultimately held that these performances are indeed permitted. He recommended that magicians announce to the audience that their performances involve no real sorcery but consist entirely of natural techniques.
Many leading Poskim have ruled similarly, since modern magic shows do not involve genuine kishuf, and thus are entirely permissible because they rely on natural means.
Attending a Pidyon HaBen on a Yahrtzeit
Q: Is it permitted for someone who has a yahrzeit to attend a Pidyon HaBen on that day?
A: It seems to me that it is indeed permitted to participate in a Pidyon HaBen on a yahrtzeit. It is also worth noting that the stringencies against attending a wedding, as mentioned in the Rema, only apply to the yahrtzeit of a parent and not to the yahrtzeit of a brother, sister, or other relatives.
First, let us clarify the practice of refraining from attending a Simchah on a yahrtzeit, even past the first year of aveilus.
The Rema (Yoreh Deah 391:3) and in Siman 402:12 writes that it is prohibited to eat at a seudah the of the yahrtzeit for one’s father or mother. The Shach (ibid. 8) cites the Levush, who writes that he did not observe such a minhag. Commenting on this, the Shach writes, “I say that in situations that are uncommon, there is no established minhag, as I explained earlier in Yoreh Deah (190:3). He concludes that “not observing is not proof,” and that he personally observed the custom to prohibit. Furthermore, in Siman 402, the Rema writes that it is forbidden. This indeed has become the accepted custom in our time.
Some argue that the minhag applies only to wedding meals, while other seudos mitzvah or seudos reshus (non-mitzvah, or optional) are permitted. See the Pischei Teshuvah (8), who quotes the Makom Shmuel (§80), who explains that this refers specifically to seudos chasunah involving celebratory music for the chosson and kallah. However, meals for a Bris, Pidyon HaBen, or siyum masechta, are permitted.
The Pri Megadim (Orach Chaim, 444, Mishbetzos Zahav, 9) also writes that on the night of a yahrtzeit, it is permitted to participate in a meal celebrating a siyum—and implies even if the individual himself did not complete it. Similarly, the Sheilas Yaavetz (2:184) writes that only chasunah meals are included in this minhag, and permits participating in other seudos reshus, and certainly in other seudos mitzvah. This is also stated in Chochmas Adam (Klal 171:11) and the Kitzur Shulchan Aruch (221:7), and many other Acharonim. Nonetheless, for the first yahrtzeit, the minhag is to be stringent.
In addition to all the above, it should be noted that some maintain that the minhag only applies during the first year of aveilus, i.e. the first yahrtzeit. See the Lechem Hapanim (Kuntrus Acharon), which cites the Maaneh Lashon and many other Poskim who distinguish between the first year, when it is prohibited, and subsequent years, when it is permitted. He also writes this distinction in the name of his father-in-law, the Magen Avraham, as cited in the Beis Lechem Yehudah.
Additionally, the Beis Lechem Yehudah (§ (376proves that according to the Arizal, the halachah follows the Maaneh Lashon, that even seudos chassunah are permitted in subsequent years. The Chochmas Adam also quotes the Beis Lechem Yehudah, as does the Mishmeres Shalom. However, the Taz and Shach (Yoreh Deah, 395:3) write that it is prohibited even in subsequent years. Similarly, Hagaon R’ Zalman Margolios (Aveilus, seif 24) also prohibited it in subsequent years, permitting only meals that seudos simchah, such as those that do not involve the celebration of a wedding. The Be’er Heitiv (Yoreh Deah 395:3) similarly writes that even according to the lenient opinions, as quoted in the Levush, it is nevertheless forbidden to attend seudos shel simchah during the first year, even if it is a leap year (i.e. the yahrtzeit extends more than 12 months due to it being a leap year).
Some Poskim suggest that it is permissible to attend the wedding of one’s grandchild, as this is considered a yom ratzon and a zechus for the deceased parent. See Nishmas Yisroel. In practice, the Poskim write that it is permitted to attend a Pidyon HaBen on a yahrtzeit.
Carrying a Rav Kav on Shabbos
Q: Is it permitted to carry a Rav Kav card (Israeli public transportation card) on Shabbos to a place where it will be needed after Shabbos?
A: I have been asked this question multiple times by individuals who regularly walk to the Kosel on Shabbos afternoon. After davening Maariv, they return home. In the past, Egged (the bus company) accommodated those who came to the Kosel on Shabbos by allowing them to ride the bus home free of charge. However, in recent years, this arrangement has been canceled. Those without a means of payment are now forced to walk back, which is understandably difficult, particularly for older individuals. They wish to know whether they can bring the Rav Kav card to the Kosel on Shabbos in a permissible manner, such as placing it in a baby stroller they bring with them, which would enable them to use the card for their return trip after Shabbos.
Before discussing the ruling, we must determine what category of muktzeh the Rav Kav card falls under. There are three possible classifications:
- Muktzeh machmas chisaron kis — muktzeh due to potential monetary loss — This would apply if people are careful not to use the card for anything other than its designated purpose, out of concern of it becoming ruined.
- Kli she’melachto l’issur — A utensil designated for prohibited use — This would apply because the card is used for bus travel, which is prohibited on Shabbos.
- Muktzeh machmas gufo — Intrinsically muktzeh — This would apply because the card has no permissible use on Shabbos, similar to stones or wood.
Contemporary Poskim differ on this matter. Some maintain that the Rav Kav card is classified as a kli she’melachto l’issur. Since people are not overly particular about others touching it (e.g., children), and the Rav Kav is commonly handled, it does not fall under the category of muktzeh machmas chisaron kis. Others argue that the card still qualifies as muktzeh machmas chisaron kis.
In any case, all Poskim agree that whether the Rav Kav card is classified as muktzeh machmas chisaron kis or a kli she’melachto l’issur, it is prohibited to carry it on Shabbos, even through tiltul min ha’tzad, moving it indirectly. For example, placing the card in a baby stroller before Shabbos does not permit moving the stroller with the card inside on Shabbos. Even if one ensures the stroller does not become a bosis (base) for the muktzeh item by placing a more valuable non-muktzeh item in it during bein hashmashos, it is still forbidden because it is considered tiltul min ha’tzad for the sake of the muktzeh item, which is forbidden. In such cases, there is an obligation to remove the muktzeh item (the Rav Kav) from the stroller before moving it on Shabbos.
The Shevet HaKehati offers a practical solution: Place the Rav Kav card inside a shoe before Shabbos and walk to the Kosel while wearing the shoe. Moving the card in this manner does not constitute tiltul min ha’tzad but rather tiltul b’gufo(carrying with the body). According to the Mishnah Berurah, tiltul b’gufo is permitted even for the sake of a muktzehitem. For example, one may move coins found on Shabbos to a secure place using the body.
(It should be noted that the Chazon Ish argues and maintains that tiltul b’gufo is only permitted when the muktzeh item bothers him, e.g., if it obstructs one’s path and needs to be moved, but not when one’s intent is for the muktzeh item. Nevertheless, we may suggest that even the Chazon Ish would agree that tiltul b’gufo is permitted here, as he is only discussing when done in usual manner, as one would normally do during the week—e.g., kicking a rock with one’s feet. In this case, carrying with a shoe is not a typical method of carrying and therefore would be permitted even according to him.)
In the Shulchan Aruch HaRav (Siman 301) and in the Kuntrus Acharon (Siman 266), it is ruled that carrying an item in one’s pocket is considered tiltul b’gufo rather than tiltul min ha’tzad. He writes that if someone is walking on Erev Shabbos with money in their possession and is concerned that leaving it in its place will result in its loss, they may place it in their pocket and carry it in that manner to a secure location.
In Misgeres HaShulchan, it is further explained that based on this, it would be permitted even lechatchilah to place a muktzeh item in a pocket before Shabbos with the intention of carrying it on Shabbos, as tiltul b’gufo is allowed according to the Shulchan Aruch HaRav. Although this is not the accepted halachah, as we maintain that carrying an item in a pocket is considered tiltul min ha’tzad and is thus forbidden if done for the sake of a davar ha’assur, nevertheless, in a case like this, where the item is placed inside a shoe, it is indeed classified as tiltul b’gufo and is permitted.
Another solution was suggested by Mori V’Rabi, Rav Avigdor Nebenzahl shlit”a, who advises writing or attaching Torah chiddushim or halachic rulings to the Rav Kav card. If the card is primarily designated before Shabbos for studying Torah from it on Shabbos, this repurposes it for a permitted Shabbos use. As such, the card may be carried in a pocket without concerns of muktzeh.
In conclusion: While directly carrying the Rav Kav card on Shabbos is prohibited, a person may either place it in his shoe or write words of Torah on it, which will enable him to bring it to the Kosel on Shabbos.
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