IT’S OK TO BE HUMAN

Selected Halachos from the “One Minute Halacha” project

By HaRav Yosef Yeshaya Braun, Shlita
Mara D’asra and member of the Badatz of Crown Heights

TORAH FOR THE PEOPLE

Lo nitnah Torah l’malachei hashares (The Torah was not given to the angels), Chazal tell us. Mitzvos and halachos are predicated on being possible and reasonable for human beings to perform. We can therefore assume that if something is logistically nearly impossible to fulfill, Torah does not expect it of us. At times, poskim apply this principle as a snif (reinforcement) for leniency in both Torah and Rabbinic law, as it would be unfeasible to maintain the law absent a heter (dispensation). This rule has a logical basis and is extrapolated from the Torah (Parshas Chukas) itself: “Zos HaTorah: Adam…” (This is the Torah, [for a] human being …)

For example, Halacha states that a person in need of the facilities must relieve themselves before davening. However, if someone made the effort to use the bathroom and finds themselves minutes later in the midst of a t’filla having obsessive thoughts about whether they must use the facilities now—we follow this principle and state, “The Torah is not for angels. Reasonable effort was made to avoid needing the facilities during davening and we need not interrupt the progression of t’filla again and again.”

Similarly, we are careful that t’fillin should be perfectly square. If due diligence was done to properly construct them and check them at the appropriate times, and they currently appear to be “in shape”, we need not worry—no need to break out an architect’s toolbox, or measure constantly to make sure we are not somehow transgressing.

(A person who finds themselves constantly worrying about these and other similar obsessive-compulsive thoughts may be suffering from scrupulosity and needs to seek professional help.)

The reverse applies, as well: clear-cut directives from Torah or Chazal are not “for the angels” and are within each person’s ability to achieve, with special kochos (strengths) granted us by Hashem to perform His mitzvos. As the pasuk (Parshas Nitzavim) states, all the mitzvos are within the reach of every Jew: Lo rechokah hi. Lo bashamayim hi…Ki karov eilechah hadavar m’od… (it is not remote…it is not in the heavens…this thing [the Torah] is very close to you…)

HANDING OUT HOUSE KEYS TO PRECLUDE YICHUD

A primary condition of yichud (halachically proscribed seclusion of male and females) is lack of free access or oversight. Hence, a private home that has pesach pasuach l’reshus harabim (a door that is open to a public domain) would avert the issur (prohibition) of yichud during the day and early evening hours, at a time when there is plenty of pedestrian traffic.

Some later acharonim (latter-day halachic authorities) extend the exemption of pesach pasuach l’reshus harabim to private homes with regular access by others, such as when the house keys are in the hands of outsiders. However, in order to have the same status as pesach pasuach l’reshus harabim, the following conditions must be met:

There must be access for a rabim, a minimum of three people who live locally and would conceivably visit during this time.

It’s daytime or early night hours when people are around, following the same restriction as pesach pasuach.

There is no surveillance system in place whereby those secluded in the house can receive advance warning that someone is coming.

The man and woman don’t have a companionable relationship, if any at all. On the other hand, if they are classified as libo gas bah (they are on friendly terms), according to many poskim, the exemption of pesach pasuach—and certainly key-holders—would not apply.

It is a shaas hadechak (there are extenuating—urgent—circumstances) and is not relied on as a regular solution.

It is offset by other factors that ameliorate the issue of yichud (such as specific ratios of women to men, the complex details of which need further study).

Aside from the exemption of pesach pasuach—which includes, according to some, a house-key heter, too—there is an additional principle of shmirah (supervision) called yotzei v’nichnas (a person comes and goes). In order for the third party to be considered “coming and going” they must pop in often. In addition, they must stagger their visits so that there isn’t a long stretch between appearances, and at times they return quite soon after departing.

HOW IS YOUR SCOTCH “FINISHED”?

Aging whisky is an art that endeavors to produce optimal taste and smoothness with a precise blend of ingredients and method. Many producers (specifically of Scotch whiskies) have reintroduced the practice of storing the spirit in casks that were previously used for wine, called “sherry finishing.” Contemporary poskim question whether this process may place the resulting spirits under the issur d’rabbanan (Rabbinic restriction) of stam yainam (wine produced by non-Jews). The wine product that remains absorbed in the walls of the empty casks would seemingly be halachically insignificant according to the principle of bittul b’shishim (nullified by a volume of sixty times to one) —or even, as in some cases of stam yainam, bittul b’shishah (six parts to one). However, there are caveats that override the dispensation of bittul: If the sherry imparts a distinct flavor to the whisky—milsa d’avida l’taama (something added to provide taste)—it cannot be batel; in addition, whisky matured in sherry-infused barrels may be considered derech asiyaso b’kach (the recipe usually includes this ingredient) and likewise not subject to the rule of bittul.*

One aspect of matured whisky which is controversial—among the whisky-makers, as well—is whether the wine actually adds flavor to the end-product. Some maintain that it is simply the quality of the wood that helps the whisky process or, as some experts posit, the earlier production of the sherry neutralizes the negative effects new wood casks would have on the whisky. If either is the case, the sherry would indeed be batel.

In practice, if people drinking the whisky do not detect the influence of sherry (according to some whisky connoisseurs a short “sherry finishing” once the whisky is already quite aged does not necessarily improve the product) there is room for leniency, since the improved taste may be attributed to any one of many factors. If indeed the improved taste is not attributable to the wine itself, it may be a case of applying the halachic principle of zeh v’zeh gorem (caused both by this [kosher] and by this [non-kosher]): the smooth, fruity flavor is a result of a kosher component (the wood) which is ostensibly at least as important to the product as the non-kosher ingredient (the sherry) and can therefore override it.

In addition, the fact is that sherry finishing is an expensive prospect for whisky producers; bottles not labeled as such are possibly not of concern. However, the kosher consumer should be stringent not to use whisky brands that clearly label their product as having been aged in sherry or other wine casks. Kashrus agencies have listings of the kosher status of many types of spirits—including which whiskies contain sherry, which possibly do, and which are not a problem at all.

WHEN RUNOFF RUINS THE DAY OF REST

Shabbos was forecast as a real scorcher, but here in the earlier hours of the day, I’m relaxing on my front porch with a hefty seifer (holy book) and an icy drink. I get quite involved, hardly aware when the air conditioner kicks in with a muffled roar. But suddenly I feel a cold drop of water on the back of my neck—then another and another. No longer able to concentrate on my learning, I scoot over and contemplate the sweating A/C, thinking of going inside to get an empty bucket to collect the water before my beautiful Shabbos morning interlude turns into a dripping mess.

—Wait a minute!

Water dripping from an A/C unit is considered nolad (a new creation) since it is an entity that came into being on Shabbos. It is therefore muktzah (may not be moved on Shabbos). According to many opinions, we may not place a bucket to collect it, since it’s considered mevatel kli me’heichano (invalidating a [useful] object by adding [forbidden] content to it).

The solution in this situation is to place a bucket that has a small amount of liquid—not water—in it, so that kama, kama batel (drop by drop it is nullified). In this way, the dripping muktzah water is always smaller in quantity than what is already in the container; as the bucket fills up with the runoff water, each new drop is absorbed into the permissible mixture and the bucket does not become muktzah.

Another option is to place a fragile, expensive object (such as a bottle of wine) into the empty bucket. Now the bucket is a bosis (base) to substances both heter (permissible) and issur (forbidden), with the valuable item of heter (the wine bottle) nullifying the muktzah (the runoff). In addition, the bucket has attained the status of ee-efshar l’naaro (the muktzah can’t be tipped out as it would break the wine bottle), so that as it fills with dirty water, the container may still be moved in a direct manner under all circumstances. 

Any bucket that becomes ma’us (unpleasant) when it fills up with dirty runoff may be removed b’dieved (ex post facto, i.e. it may not be produced with the express intention to move it) on the principle of graf shel re’i (offensive waste); repulsive muktzah which is found in a place of residence may be moved on Shabbos because its presence is at odds with civilized behavior.

“WAIT A MINUTE! DID I LEAVE ANYTHING BEHIND?”

Rabbi Yehudah HaChassid writes in his tzavaah (living will) that a person who sets out on a journey should not return home to get something he left behind. Instead, someone else should go into the house to retrieve the object for them.

What is departure?

This restriction applies only if one has already left the house, not if they are on their way out and wish to go back into a room they have left. Some poskim say that even if the person is already outside, but has not yet bid goodbye, they may return.

Avoiding return only applies to the day of departure, not to the following day. Someone who left home but then cancelled their plans to travel, may also return home. There are poskim who extend this consideration to someone whose journey is delayed for a set time—and permit them to go home to wait it out.

There is an argument among poskim whether the intended purpose of return is taken into account; some aver that going back for a d’var mitzvah (an article used for a mitzvah) is permitted.

What about stopovers?

There is a difference of opinion among poskim whether this restriction includes a traveler already en route with multiple stopovers, and they have left one midway location for another: May they return to an earlier stop in their journey? Some poskim consider it the same as leaving the starting point, while others maintain that returning to a place mid-journey is permitted.

Delayed Flight FYI

It has been related that the Rebbe recommended the following to a person whose flight has been delayed and was in a quandary whether he was permitted to return home: “Study a chapter of Tanya”, i.e., take some time to contemplate the greatness of the Creator and reach new heights in avodas Hashem (service of G-d). As a “new person,” you may go back home.

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