Parshas Tzav – Pesach 5785 – Intriguing Questions & Answers

Intriguing Questions & Answers – Expanded Edition

Asking a non-Jew to Inform the Public on Shabbos that a Pesach Product is Forbidden for Consumption

Q: There was an incident where dozens of houses were rented for Pesach, similar to a hotel, except that each person was in their private home and received service from waiters and food ordered for Pesach. On Seder night, which fell on Shabbos, all the food was distributed to all the houses, and after davening, the mashgiach came to the Shul to say that one ingredient in one product was discovered to be chametz. However, everyone had already returned to their homes, and there were hundreds of people, making it very difficult to reach everyone in time. Now they wished to know whether it would be permissible to ask a non-Jew to go with a loudspeaker and tell everyone that the product is forbidden to eat, and if the non-Jewish waiters who were serving the Jews could be called and informed that the product should not be eaten and needs to be thrown away. The question is, since this involves an issur d’oraisa, is it permissible to ask a non-Jew to do this to prevent michshol?

A: Regarding asking a non-Jew, although Chazal prohibited telling a non-Jew to perform work for a Jew, there are cases where they permitted it. For an issur d’rabanan, they permitted asking a non-Jew to perform melachah that is assur d’rbanan in several cases, which is called in the words of Chazal “shevus d’shevus (an issur d’rabanan on top of an issur d’rabanan), in cases of mitzvah or specific needs, as explained in Shulchan Aruch (276:1-2; 307:5). The common cases are where there is an illness, or great need such as a significant loss, or for a mitzvah; since the entire prohibition of asking a non-Jew is d’rabanan, if the prohibition that the non-Jew performs is also d’rabanan, in such cases Chazal did not decree.

The Rama (276:2) cites the opinion of the Baal HaItur that it is permitted to tell a non-Jew to perform work for the sake of a mitzvah, and writes there that he does not rely on the words of the Itur except in cases of great necessity, since most of the Rishonim disagree with him. The Mishnah Berurah (24) cited from the Shelah HaKadosh and others that even for a great need, they did not permit asking a non-Jew to perform an issur d’oraisa, and therefore according to him, it is forbidden to ask a non-Jew to perform an issur d’oraisa even when there is a great need.

However, in our case, even though it is only a great need and according to these opinions, it is forbidden to command a non-Jew for this, nevertheless in our case it is indeed permitted to tell a non-Jew, because the Mishnah Berurah (25) writes that in a place where many could stumble into an aveirah, it is permitted to ask a non-Jew even for an issur d’oraisa, such as fixing an with a knot that is forbidden to tie m’doraisa. In a case of a mitzvah for the rabbim, we rely on the opinion of the Baal HaItur who permitted explicit direction to a non-Jew for the sake of a mitzvah even for a d’oraisa. Although the Rema permits relying on the Baal HaItur for any great need, nevertheless the Mishnah Berurah was strict about this; however, when many will be nichshol in an aveirah, even the Mishnah Berurah permits it.

Accordingly, it would be permitted in our case to ask a non-Jew drive around with a loudspeaker, and to notify all the waiters, in order to prevent violation of the issur chamur of chametz.

One who will be traveling all day before Pesach and can’t hear a Siyum what should he do for Tanis Bechorim

Q: I was asked by someone who will be busy traveling on Thursday and Friday before Pesach, coming from America to Eretz Yisroel, and he is a bechor, and does not think he can hear any Siyum Mesechta, neither on the plane nor when he arrives in Eretz Yisroel, and he asked me what he should do?

A: When Erev Pesach falls out on Shabbos, the Shulchan Aruch writes that some say that one should fast on Thursday, and some say that one does not fast at all. And the Rema writes that one should practice the first opinion for fasting on Thursday. The Mishnah Berurah wrote the reason is because one does not establish a fast on Erev Shabbos, and therefore it was made earlier on Thursday. And if one participates in the conclusion of a Mesechta, then the bechor is exempt from fasting later.

And since he is in a situation where he has no choice and is really afraid that he will not have a siyum even by phone, I had to find a solution for him, otherwise he would have to fast until he finds a siyum or a seudas mitzvah.

At first, I told him that if he is traveling for almost twenty-four hours without food and has no way of hearing a siyum, in any case one can rely on the words of the late Rabbi Yosef Chaim Sonnenfeld, zt”l, who ruled that if there is no solution, and he has the din of being slightly sick, he can be lenient. Since someone who is slightly sick is exempt from fasting. I gave him another option, the late Rabbi Shmuel Wosner, zt”l, ruled that if someone sees that on Thursday or Friday there will be no place or opportunity to hear a siyum or participate in a seudas mitzvah, one can hear and participate in a siyum on Wednesday night after the stars have appeared.

And his reasoning is based on the words of the Chavas Yair that even on the day after the siyum which took place at night, the joy still continues, and according to this one can be lenient when necessary. Additionally, if there is any possibility of hearing by telephone, the Gaon Rabbi Shlomo Zalman Auerbach zt”l has already ruled that it is possible to hear the siyum by telephone, see Shu”t Mishnas Yosef, 7:53.

Is a Peeled Egg Permitted to be Eaten After the Leil Seder?

Q: If someone left a peeled egg on Seder night, is it permitted to eat it the next morning, since normally it is forbidden to eat peeled onions and eggs that were left overnight?

A: The Gemara in Niddah (17a) states that there are five things that one who does them endangers their life and their blood is on their own head, one of them being eating peeled garlic, peeled onions, and peeled eggs that were left overnight.

However, we find that the Poskim are lenient regarding various sakanos on leil Seder because it is a “leil shimurim.” If so, there may be room for leniency here as well—although perhaps one cannot bring proof to be lenient for all matters of danger.

Indeed, we find that the Poskim disagree on this matter. In the Sefer Piskei Eliyahu (1:9), he responded regarding a peeled egg from the leil shimurim of the second night of Pesach that there is no concern of ruach ra’ah on the second night. This is also the opinion of Rabbi Pinchas Epstein, Raavad of Yerushalayim.

Similarly, in Rivevos Ephraim (5:523), he writes that on leil Pesach, which is protected from mazikin, there is no concern about peeled eggs either. In the book Nitei Gavriel (Ch. 95, footnote 58), he cites from the Siddur Tehillah L’Dovid the minhagim of Rabbi Moshe Mordechai of Lelov (p. 597), who wrote that one need not worry about leaving a peeled egg overnight on Pesach night due to the danger, since it is a night of protection.

However, in the Pesach Haggadah of Rabbi Yosef Shalom Elyashiv ztz”l (end of p. 30), he writes: “The Maharil Diskin ruled regarding peeled eggs on leil Pesach where one egg that was born on Yom Tov was mixed in, that it is batel b’rov, and is not like other eggs born on Yom Tov which would be considered “davar she’yesh lo matirin—something that will become permitted,” which ordinarily does not become batel b’rov—since if one waits until after Yom Tov they would be forbidden because they would have been left overnight, which are forbidden due to ruach ra’ah.

Some responded to this [apparently Rabbi Pinchas Epstein in his teshuvah] that on leil Pesach, since it is a leil shimurim, one need not worry about ruach ra’ah, and therefore peeled eggs are not forbidden, and thus it would still be considered “yesh lo matirin.” But this is incorrect — for would we say that it is also permitted to place food under a bed on leil Pesach? Does one not need to wash their hands on the morning after the Seder?

Similarly, Divrei Yatziv (2:16:8) wrote that one cannot be any more lenient on Seder night with regard to peeled eggs. See also Responsa Shevet HaKehati (Vol. 2, 247:2) who writes that the definition of overnight does not mean the entire night—i.e., from sunset until dawn. However, it is also clear that if only part of the night has passed, it is not forbidden. For if we were to say it becomes forbidden if only part of the night has passed, then it would be impossible to drink a cup of diluted wine or eat a peeled egg or garlic at night, since part of the night has already passed from the time it was poured or peeled! Rather, it must be that the ruach ra’ah rests upon them at the end of the night, and there is proof from Orach Chaim (Siman 4), that the ruach ra’ah occurs at the end of the night. Therefore, one should be careful not to peel eggs and garlic at the end of the night such that at the moment of alos, the garlic and eggs would be peeled. He further writes that he heard from a reliable witness that Rav Yaakov Landau ztz”l of Bnei Brak was strict that in factories under his supervision, they should not leave peeled eggs at dawn and should not open eggs at that time.

For this reason, on Seder night, if one placed a peeled egg on the Seder plate, it is forbidden to eat it the next morning. Although it is a leil shimurim from mazikin, who is to say that it is protected from ruach ra’ah as well? Furthermore, it is also clear that the ruach ra’ah comes at the end of the night when the night departs and day arrives, and by then the leil shimurim has already passed.

May a Speech Therapist Work for Non-Jews on Chol HaMoed?

Q: Is a speech therapist employed by non-Jews allowed to work on Chol HaMoed? The Shulchan Aruch rules that it is forbidden to perform melachah on Chol HaMoed, such as work and the like, unless it is for purpose of Yom Tov, to prevent a loss, or for the sake of a mitzvah, and a few other reasons. Therefore, we must consider whether a person would be required to use their vacation days on Chol HaMoed to avoid working.

A: The Poskim discuss this very question of whether it is forbidden or permitted to work on Chol HaMoed when there is a possibility to use one’s vacations days on Chol HaMoed instead of the summer. At root of the question is: If one chooses to work on Chol HaMoed, would this fall under the prohibition of “mechaven melachto b’moed,” deliberately scheduling work during Yom Tov? Or perhaps this is not considered deliberately scheduling work for Yom Tov; but rather only someone who does so because they specifically want to work during Chol HaMoed when they are free from other activities? But if, however, they would regardless be doing the work at that time, as in this case where even without Chol HaMoed they would be working at that time and taking their vacation in the summer when it’s more convenient for them, this is not considered deliberately scheduling work for the festival.

At first glance, it would seem that in this case, the issue of mechaven melachto does not apply. For this refers to when one needs to do some work and can do it before the Moed but postpones it to the Moed. This is unlike our case, where the person works on a different task every day, so they are not postponing work to the Moed. And although there is a possibility to take his vacation days during the Moed and consequently not need to work then, how do we know that a person is required to make arrangements before the Moed to prevent having to do work during the Moed to prevent a loss? Indeed, the Eshel Avraham rules that one does not need to make arrangements before Yom Tov to prevent a davar ha’aveid on Chol Hamoed.

However, in Teshuvos Be’er Moshe (7:69), he writes that it is forbidden, as this is considered deliberately scheduling work for the Moed, and therefore one must take their vacation days during Chol HaMoed. The Mo’adim U’Zmanim (4:301) concurs with this ruling. He adds there that if the employer does not agree under any circumstances to give him his vacation during Chol HaMoed because he needs his work during Chol HaMoed, the employee should ask for unpaid leave, and if the employer does not agree and warns him that if he does not come to work during Chol HaMoed he will fire him, this is considered a potential loss [of livelihood], as he will lose his means of earning a living, and it is permitted for him to work during Chol HaMoed.

Rav Moshe Feinstein (in the Sefer Zichron Shlomo, os 18) ztz”l, however, rules that it is permitted: “A hired worker is permitted to take his vacation in the summer when he has some reason to take it specifically then (such as wanting to go to the mountains in the summer), even though he knows that because of this he will have to work during Chol HaMoed, and it is not considered as deliberately scheduling work for the Moed (but as a matter of middas chassidus, it is praiseworthy to not take his vacation in the summer so as not to need to work during Chol HaMoed). But if he has no reason to take vacation in the summer, he must take it specifically during Chol HaMoed.”

In the Sefer Shemiras Shabbos K’Hilchasah (67: 11), R’ Shlomo Zalman Auerbach ztz”l writes: “A salaried employee who is liable to lose his job if he avoids work during Chol HaMoed is permitted to work even during Chol HaMoed. And if the employer agrees to give him time off for part of Chol HaMoed, it is forbidden for the employee to work on those days. Similarly, someone who regularly works overtime for additional salary, during Chol HaMoed it is forbidden for him to work these extra hours.”

One who cannot take vacation during Chol HaMoed at the expense of the annual vacation he is entitled to, since there is concern that he will lose his livelihood if he does not show up for work, this is considered a potential loss and he is permitted to work even on matters that in themselves are not to prevent a loss. On the other hand, it is certainly forbidden for an employer not to give his employees vacation during Chol HaMoed, since m’ikar hadin, it is forbidden for him to assign them work then, unless they will have nothing to eat if they do not work.”

R’ Shlomo Zalman further rules that a self-employed worker must try to arrange his vacation days for Chol HaMoed, and even a hired worker entitled to vacation must try to receive vacation during Chol HaMoed. He should not take into account that by taking vacation during Chol HaMoed, he loses the shortened working hours that are customary during Chol HaMoed in many factories and offices, as this loss is not considered a davar ha’aved. However, the hired worker is not obligated to lose an additional workday, meaning if the employer conditions giving one vacation day during Chol HaMoed on forfeiting two vacation days during weekdays—as this would constitute a davar ha’aved for him.

However, he writes that everyone agrees that if he has not yet used his vacation days by the time Chol HaMoed arrives, it is forbidden for him to work during Chol HaMoed, as now it is not considered a davar ha’aved for him.

According to this, we must consider our case, a case where the Poskim do permit work. For we know from the Gemara and Shulchan Aruch that it is forbidden to receive payment for work during Chol HaMoed, even when the work itself is permitted during Chol HaMoed, as we see from the Gemara in Moed Katan that a person may write tefillin and mezuzos for himself and for others for free but not for payment. Nevertheless, it seems that one may be lenient when there is a great need to work, since there are those who are lenient about receiving payment for things not defined as actual labor, such as teaching a client language.

The Mishnah Berurah (542:1-2) writes that permitted labors includes: anything that is for the sake of the Moed which requires a shinui; a non-craftsman who is permitted to sew in his normal manner; and things that are only forbidden due to extra tirchah—all of these are permitted to be done for free, but not for pay. The Sefer Chut Shani infers from the language of the Mishnah Berurah that only for labor is it forbidden to receive payment, but for something that is not considered a labor at all, it is permitted to receive payment for it. And although there are Poskim who are strict, one can certainly rely on those who are lenient when there is a need for it.

Take a part in spreading the light!

Email info@kollellihoraah.org for sponsorship opportunities.