Parshas Terumah 5785 – Intriguing Questions & Answers
May a Lawyer Assist a Non-Jew’s Purchase of Property in Eretz Yisrael?
Q: A frum lawyer asked whether he is permitted to assist non-Jews in purchasing real estate in Eretz Yisrael or whether this would violate the prohibition of Lo Sechonem, giving property to non-Jews in Eretz Yisroel.
A: In my sefer Ohel Yaakov (Hilchos Avodah Zarah), I elaborated on all the relevant halachos of Lo Sechonem, regarding the Gemara in Avodah Zarah 20a, which states that there are three halachos learned from the passuk in the Torah “Lo Sechonem”:
- It is forbidden to grant non-Jews permanent land ownership in Eretz Yisrael.
- It is forbidden to give gifts to non-Jews.
- It is forbidden to praise non-Jews by saying how good and special they are.
The first prohibition of granting ownership to non-Jews in Eretz Yisrael is brought in Shulchan Aruch, Yoreh De’ah (151:8), where it is clear that even assisting in the purchase of property is forbidden.
Therefore, drafting contracts or facilitating the transaction constitutes aiding in a prohibited act (mesaye’a le’ovrei aveirah). Even if the non-Jew would ultimately seek another lawyer, mesaye’a—assisting them—remains forbidden, as stated in the Mishnah Berurah (347:7).
This is also the position that I heard from Maran HaRav Avigdor Nebenzahl shlit”a, as well as Maran HaRav Nissim Karelitz ztz”l, as cited in Kovetz Mayim Chaim (p. 100).
In conclusion, someone who practices as a lawyer is forbidden to assist a non-Jew in the purchase of property in Eretz Yisrael.
May an Alzheimer’s Patient Receive an Aliyah?
Q: A sensitive question often arises at a Bar Mitzvah or an Aufruf when family members of the Baal Simchah attend, including a close relative such as the chosson’s grandfather or uncle who, unfortunately, suffers from Alzheimer’s. May he be called up for an Aliyah? On one hand, he may be considered like a shoteh (one lacking mental competence), who is not allowed to receive an Aliyah. On the other hand, he might still be capable of reciting the brachos. And even if he is considered a shoteh, would the consideration of kavod ha’briyos apply, given that he might feel embarrassed if denied the Aliyah?
A: To begin, we must briefly examine whether someone who cannot read or does not understand Lashon Hakodesh may receive an Aliyah.
The Rema (Orach Chaim 139:3) cites the Maharil, who permits a blind person to receive an Aliyah, just as we allow an unlearned person to do so. The Mishnah Berurah (3) explains that even though he does not understand the Kri and Ksiv, nevertheless, since the baal koreh reads from the Torah, we no longer insist on the oleh’s ability to read, as he fulfills the obligation through shomea ke’oneh (hearing is like reciting).
However, the Magen Avraham (139:4) states that the oleh must be able to repeat the words after the baal koreh, despite the fact that in practice, he remains silent and listens.
In our case, the answer depends on whether an Alzheimer’s patient is considered a bar daas (of mental competence) or not. The Pri Megadim (Orach Chaim 139:2) states that a shoteh should not receive an Aliyah, and his status is worse than that of a blind person or an am haaretz, who are permitted despite their inability to read along.
However, if the individual can still attend Shul, he would seemingly still be considered a bar daas, even if he often forgets things. And certainly, if he is capable of reciting the brachos clearly, there would be grounds for leniency to give him an Aliyah.
A Sleeping Shomer: Do They Prevent the Issur of Yichud?
Q: Common cases arise where there are technically enough shomrim present—such as one shomer during the day or two at night—but those shomrim are asleep. Does their presence still prevent the prohibition of yichud, or do shomrim only fulfill their role when they are awake?
Additionally, we have been asked whether a shomer who took a sleeping pill—putting themselves into a deep sleep—still serves as an effective shomer against yichud.
A: The Sefer Apei Zutrei (22:8) states clearly that a sleeping shomer is ineffective, as it is as if he is not present at all. Similarly, if the wife is sleeping in another room, she does not serve as a shomer, for “ein apitropus l’arayos”—there is no guardian against immorality.
The Sefer Yosef Ometz (p. 287) also rules that a homeowner may not be secluded with a maidservant after the household has gone to sleep.
However, the Meiri (Kiddushin 80b) explicitly rules that a sleeping wife still prevents yichud, since she will constantly wake up due to the other woman’s presence. The Eizer MeKodesh (22:5) supports this view, reasoning that a wife’s protection is stronger than that of any other guardian.
The Tzitz Eliezer (6:40:13) questions the strict approach, pointing out that even a blind husband can prevent yichud for his wife as long as he is in the city (baalah b’ir).
A Shomer Who Took a Sleeping Pill—Does He Still Count as a Shomer?
Regarding someone who has taken sleeping pills, the Shevet HaLevi (Vol. 5, Siman 201) rules that if a wife has taken sleeping pills, yichud is prohibited even if she is physically present, since there is no concern that she will wake up.
However, the Neteii Gavriel (Yichud, Ch. 41, fn. 8) questions this ruling, arguing that the husband may still fear that she could wake up unexpectedly.
Similarly, I have heard from Rav Avigdor Nebenzahl shlit”a on numerous occasions that since there is always a possibility that she might awaken at any moment, even after taking a sleeping pill, this creates a “mirtas” (fear), thus preventing the prohibition of yichud.
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