Parshas Tetzaveh 5785 – Intriguing Questions & Answers
One who borrowed a Frying Pan and made it treif – does he need to pay?
Q: A person borrowed a utensil for a large meal at his home. By mistake, he borrowed a dairy pan and used it to fry meat, making it treif. Since the utensil is difficult to kasher and in most cases would need to be discarded, does the borrower have to compensate the owner for the loss?
A: In such cases, one should always consult a dayan to determine the practical halachah, as there are two primary factors to consider in assessing liability:
Meisah machmas melachah – Does this qualify as damage caused by normal use? Since the borrower deviated from its normal usage—by using the utensil improperly—he may not be exempt under this rule.
Hezek she’eino nikar – This refers to imperceptible damage. The Rishonim debate whether such damage is considered actionable or not.
Given this uncertainty, the recommended practice is to compromise and pay half the value of a new utensil, as there are differing halachic opinions regarding liability.
Further halachic discussions from the Gemara (Bava Metzia 96b), Ramban, Ritva, Nimukei Yosef, Machaneh Ephraim, and Shaar HaMelech are analyzed regarding responsibility in such cases.
Reciting a Beracha with Food Particles Stuck Between the Teeth
Q: If food particles remain lodged between one’s teeth after reciting a beracha acharona, may one swallow these remnants without reciting a new beracha? Additionally, if one wishes to eat a new food while these particles remain, may one recite a new beracha, given that the Mishnah Berurah (172:7) states that one must empty the mouth before reciting a beracha?
A: Lechatchila, one should ensure that the mouth is entirely clear before reciting a beracha. However, there is a limud zechus (justification) for those who commonly have food particles stuck between their teeth and still recite berachos.
Sources such as Magen Avraham (190:3), Shulchan Aruch HaRav (190:7), Or LeTzion (vol. 2, 46:48), and Sefer V’zos HaBeracha discuss this issue, indicating that since these particles are secondary to the act of eating, a new beracha is not required.
Additionally, regarding dentures, Shu”t Ravivos Ephraim (vol. 4, 54:8) rules that one may recite a beracha with dentures in place, as is the common practice.
An Employee Who Developed Database Software and Was Later Fired – Does He Own the Software?
Q: A programmer independently created a computer program while employed at a company. After being fired, the company demanded the software, claiming it was developed during his employment. The employee insists he created the software on his own, without using company resources or involvement. Who has the rightful ownership?
A: The employee is the rightful owner and may demand payment if the company wants to acquire it. However, lifnim mishurat hadin (beyond the letter of the law), he may consider selling it at a reduced price, deducting wages received for the hours worked on it.
This ruling is based on Shulchan Aruch, Choshen Mishpat (370:3) and halachic principles related to employee intellectual property rights.
If an employee was hired specifically to develop software, the employer owns the intellectual property. However, if the employee generated an idea independently during work without being assigned to do so, the idea belongs to him.
A Phone Used for an Alarm Clock—Is It Muktzeh, and is there an Issue of Hashma’as Kol?
Q: Can a phone be used as an alarm clock on Shabbos? Is there a concern of muktzeh or hashma’as kol (producing sound)? May one move the phone if it starts ringing?
A: A phone designated as an alarm clock is not considered muktzeh, and there is no issue of hashma’as kol.
The Orchos Shabbos (Ch. 19, Sec. 27) states that a cell phone used as an alarm may be moved if the ringing is disturbing, as it is a kli she’melachto l’issur (a utensil primarily used for a prohibited activity) and may be moved l’tzorech mekomo (if needed for its place).
The Shemiras Shabbos Ke’Hilchasah (28:34) rules that a phone may not be turned off but can be relocated to prevent disturbance. However, if moving the phone causes the screen to light up, it would be prohibited.
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