Parashas Tzav 5784: Intriguing Questions and Answers

Q: I am currently studying to become a chef at a non-Jewish culinary school. During Chol Hamoed I will need to attend classes that I cannot miss and some classes will focus on dishes that are real chametz. I know a Jew cannot benefit from chametz owned by a Jew on Pesach but is it different when the chametz is owned by a gentile? In case it is forbidden is merely observing and learning in class a problem of benefitting from chametz?

A: In my humble opinion, it seems that you should not participate in these courses on Pesach. The courses are teaching you skills of the trade and that means you are benefitting directly from the chametz that is used to teach by example. It is forbidden to benefit from chametz as will be further explained.

Firstly, we must establish that there is a prohibition from benefitting from chametz even if it is owned by a gentile. Although there is no prohibition on him to own or benefit from chametz on Pesach, nevertheless, a Jew cannot benefit from his chametz (Shu”t Rivash Siman 400 and the Rema Siman 443).

We must now discern whether watching a cooking course and gaining expertise in the kitchen using chametz is considered a benefit.

We already found that some of the greater Acharonim dealt with similar questions and maintained that it is forbidden to learn a trade when the learning is acquired through the use of items that are forbidden for a Jew to benefit from.

For example, learning how to do surgeries on a corpse which is forbidden to benefit from or to learn how to write with wheat kernels on Pesach (See Shu”t Mahram Schick Yoreh Deah Siman 344 and Pri Chadash Orach Chaim Siman 467). In this case, you will be learning to cook specific dishes using chametz which means you will learn this trade from something which is forbidden to receive benefit from. Therefore, you should refrain from doing so. This is also the Psak that I received from Mori Verabbi Maran Harav Neventzhal Shlit”a.

In a similar vein, it would be forbidden to gain from cooking courses that involve basar v’chalav as it is forbidden to benefit from such a mixture. Caution should be used to avoid these common occurrences where the halachic ramifications are not so well known.

Bringing A Handbag with Tefillin into A Restroom at The Airport

Q: I will be travelling alone for Pesach to meet my family in the hotel where we will be staying. I keep my tefillin in my hand luggage or sometimes hanging with a strap over my shoulders. Often when travelling alone, there are not any people around that I would feel comfortable giving it to when I go to the restroom. What is the correct thing to do in this situation? Is it forbidden to bring it into the restroom and a disgrace to the sanctity of the tefillin?

A: Halacha maintains that all kisvei kodesh such as printed seforim and tefillin should not be brought into a restroom unless it has two coverings. The question is what constitutes a halachic covering? Can a cover of a book be considered a covering, or is it part of the book and therefore has the same level of kedusha? The accepted halachic ruling by a Sefer is that it would require two coverings to enter a restroom since the cover of the book is not considered a halachic cover.

In regard to tefillin, can the tefillin bag be considered a covering, or is it part of the tefillin? The Mishnah Berurah (Siman 40:7) cites various Poskim who maintain that the bag in which the tefillin are placed and the larger Tallis bag holding both Tallis and Tefillin together are considered as one cover, even though they are holding the small tefillin bag it is not considered two coverings. This is the accepted way to rule.

In this case, the tefillin bag is considered one cover and the suitcase is the second covering, and one would be permitted to enter the restroom with the handbag. However, in a case where one is holding his tefillin bag by itself, one would need to place an additional plastic cover on it to be a second covering.

Therefore, it is advisable to also have a plastic cover over the tefillin bag which is definitely considered to be another covering. If you do not have a plastic cover, use a plastic bag, sweater, or another covering. Or the hand luggage itself will suffice as mentioned above.

All of

these options will allow you to bring the tefillin into the restroom without fear of desecrating its kedusha.

Buying A Building for Investment Purposes with A Cross That Legally Cannot Be Removed

Q: My friend is about to purchase an old English building which has two crosses on top of the building. The building is ‘listed’, which means it is a criminal offense to make any changes to the exterior of the building, including the removal of the crucifixes. He plans to renovate the inside and rent it to holidaymakers. I heard that one is allowed to buy a property with a cross with the intention of removing it after purchase. In our case, however, it is slightly worse since we cannot remove the crucifixes. Is it forbidden to own a building with crosses on it? If yes, is there any solution to this?

A: In practical halacha, we find that crosses are an item connected to avodah zarah (idol worship). Throughout history, people have worshipped the crosses and would bow to it or kiss it. The question is whether we view the crosses as a source of avodah zarah or not and would be prohibited from any benefit from them or not also in today’s times.

The Rema (Yoreh Deah Siman 141:1) maintains in today’s times a cross is merely a symbol of an avodah zarah, something which serves as a medium but is not an actual avodah zarah. The Shach, therefore, maintains that with regard to crosses, only if one is absolutely sure that they were used in such a manner that they were not worshipped, is it permitted to sell and benefit from them.

In our case, it would seem that according to the strict letter of the law, it is permissible to own such a building since today many Poskim refer to the cross as a medium of idol worship, not actual idol worship. Practically, even in this case where the crosses must remain since they are on the top of the building which was not used as a church, we could be absolutely sure that they were not used for idol worship.

There are some that suggest stipulating in the contract that the building belongs to the new Jewish owner but the crosses remain under the ownership of the non-Jew. However, Mori Verabbi Maran Harav Neventzhal Shlit”a holds that in this case one would be allowed to purchase the building even if they must leave the crosses on the roof since the building was not a house of worship as explained above.

Harav Yaakov Skoczylas Shlit”a is the Rosh Kollel of Kollel Lihoraah Yerushalayim and is the author of the series of seforim “Ohel Yaakov” on numerous halachic topics. Harav Skoczylas is highly regarded as a reputable Posek and Moreh Tzedek in Yerushalayim and receives many halachic inquiries from around the globe. Feel free to reach out to the Bais Horaah with any halacha inquiries by emailing halacha@kollellihoraah.org. To receive this weekly publication via email, please email info@kollellihoraah.org.