Parshas Naso – Shavuos 5784 Intriguing Questions & Answers

Preparing from Yom Tov Rishon to Yom Tov Sheni by Defrosting Food from the Freezer

Q: We know that one is not allowed to do melacha or even small preparation from the first day of Shavous until the second but rather must wait until after nightfall of the second night in order to prepare cooking etc. for the next day. Can I take out food from the freezer to defrost for the night meal or is this considered preparing from one day to the next?

A: The Shulchan Aruch (Orach Chaim Siman 503:1) writes that it is prohibited to prepare on Yom Tov Rishon for Yom Tov Sheni, since each day is considered a separate Yom Tov. The Achronim bring different examples that are prohibited besides for cooking and baking. Even light work such as rolling up the Sefer Torah to the next day’s Torah reading or washing dishes for the next day are included in this.

However, the Chai Adom (99:1) writes that in a case of need one can move wine barrels during Yom Tov rishon day for the night meal. The Mishnah Berurah (Siman 667:5) brings this down and adds that one should do so specifically earlier in the day so that it will not look as if he is preparing for the next day. Rather, it can be assumed that it will be used on Yom Tov Rishon. We see from the Chai Adom that this is permitted since it is for the mitzvah of seudas Yom Tov and since it does not necessarily look like it is being prepared for the next day, with those two conditions this can be permitted in case of need.

Regarding your question above about defrosting the frozen dishes from the freezer, we could compare it to the case above of moving the wine for the evening meal earlier in the day, with ample time so that it will not look as if it is indeed preparation for the night meal.

However, there is a difference between moving wine and defrosting a frozen dish. Through the action of taking it out of the freezer one is changing the item from hard to soft, which is a little different than simply moving barrels of wine. (See responsa Machze Eliyahu 1:64). Just like the Poskim prohibit washing dishes which is changing from dirty to clean even though it isn’t assumed that the dishes are needed for the next day, here too taking out the food may be a problem also and one would have to wait until the nighttime to defrost it.

Practically speaking, we find even by Shabbos that some Achronim permit one to prepare something which does not involve a melacha like cooking etc. Therefore, for the need of the Yom Tov meal we generally permit one to take the food out of the freezer specifically if it is done with ample time before nightfall, a few hours beforehand so that it should look like it is going to be used during the first day. It is best not to say that one is taking out the food for the night meal, rather one should say it is needed for now, or one should not say anything at all.

In addition, some say that one should arrange the dishes for Yom Tov sheni on top of the food that is needed for Yom Tov rishon so it can be taken out of the freezer together at the same time and will look like it is needed now, and no one would suspect that this is a preparation for the night meal. (see responsa Shevet Hakahsi 1:158, Sefer Halichos Even Yisroel page 270).

If Someone Bought an Aliyah on Yom Tov and the Gabbai Called Up Someone Else Instead, Does He Have to Pay?

Q: Our shul sells the Aliyos for the Chag once at the beginning for both days of Yom Tov. I bought an Aliyah for a lot of money, for the Torah reading on the second day, but the Gabbai thought I bought it for the first day. The first night I stayed up learning all night and did not go to that shul. When he did not see me there, he sold the Aliyah to someone else. The second day the Gabbai called someone else to the Torah and forgot about me totally, do I have to pay since I pledged for the Aliyah?

A: In short, I will write the basic guidelines for one who pledges an Aliyah at shul. If one pledges money towards the shul for an Aliyah, and did not receive the Aliyah, it depends on how it happened. If the Gabbai forgot to call him up, or if a Gabbai told him the wrong time for davening and caused the pledger to come late and miss the Torah reading, he doesn’t have to pay the pledge.

However, if he was present and because of negligence he was not around for the Gabbai to see him, or he did not remind the Gabbai before the Torah reading that he bought an Aliyah, he is obligated to pay for the pledge.

May a Dentist Do Dental Work on His Parent?

Q: Given that a child must not cause his parent to bleed, and given that dentistry often involves bleeding, can a dentist treat his parent?

A: The Gemara (Sanhedrin 84) states that a child may not perform bloodletting on his parent, since he will effectively be causing the parent to bleed and experience pain. This is regarded as a form of “striking” the parent and, as such, is forbidden by Torah law.

The question arises in our scenario as to whether or not the underlying context of healing the parent can afford one leniency. The Rambam holds that it is forbidden, unless there is no one else who can perform the necessary procedure. The Shulchan Aruch (Yoreh Deah 241:3) argues with this opinion, maintaining that even then the child may not perform the act, yet the Rema there concurs with the Rambam, writing that if there is no one else, the son may be lenient.

The Acharonim, in fact, debate the intent of the Rambam’s words “no one else.” Do they imply, literally, no one else, or no one else as skilled as the son?

Many leading Poskim (Gesher Hachaim, Har Tzvi, Shut Minchas Shlomo, and Minchas Yitzchok) all share the opinion that the dispensation of “no one else” being available includes health professionals whose fee is too high, or whose gender would make the patient uncomfortable. In these or related scenarios, the son may perform the procedure according to the strict letter of the law.

Of note is that the Minchas Chinuch (mitzvah 48:3) writes that the above-mentioned Gemara is with regard to a son performing bloodletting on a parent against the parent’s will. However, when the parent agrees and forgives the son beforehand for whatever unavoidable bleeding he may cause, the son may treat his parent.

In conclusion, when the parent expresses a desire to have his son, and no one else, treat him – either because of the son’s unmatched skills, the exorbitant fees of other professionals, or his simple affection for his child – the son may perform the procedure. Yet he should ask his parent for mechilah beforehand should he cause bleeding or pain, in deference to the halachic authorities who call for this safeguard.

It would indeed be preferable, however, if the son would assume a certain level of stringency and, with his parent’s blessing, recommend another physician for the job.

I must point out that even though we have room to be lenient, some doctors and dentists refrain from undertaking such procedures on their parents out of piety. This was in fact the conduct of my late father Dr. Tali Skoczylas, zt”l (whose upcoming fifth yahrzeit is on the 7th of Sivan). He would never give his mother injections, though he was her physician and, as such, could certainly have justified leniency. And this is also why some people leave tasks like brushing their elderly parents’ teeth (following a stroke or some such debilitating medical event) to caregivers for fear of inadvertently causing their parents’ tender gums to bleed. As mentioned, however, such tasks can certainly be performed by the child according to the strict letter of the law.

This week’s Q&A is dedicated in loving memory of the beloved Doctor and Baal Chessed Dr. Tali Skoczylas z”l whose Yahrzeit is on 7th of Sivan, Isru Chag Shavous.

לעילוי נשמת ר’ דר’ טלי סקוצילס ז”ל נלב”ע ז’ סיון תשע”ט

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