MISC section - contents: Q Where does one who is traveling for Pesach sell his chametz? However, other factors are involved. If one is traveling significantly to the east (for example, from New York to Israel) then there is a problem to sell one's New York chametz in New York. The laws of Pesach and other time-based mitzvot are determined by the halachic time at the place where one is at a given time, irrespective of his place of origin. When the time to destroy chametz and the time it is prohibited to possess it occur in Israel, the laws apply to all chametz that one owns, including that in his New York. Furthermore, once the 6th hour of Erev Pesach comes, the chametz becomes forbidden in benefit and, as a result, halachically impossible to sell (see Pesachim 6b). When that takes place in Israel, it is still the previous night in New York and most chametz has not yet been sold. Therefore, the sale has to be done in Israel at the right time for the person, even though his chametz is in a place where it would not yet seem to be problematic. One can solve the problem by approaching a New York rabbi who carries out two sales, the earlier one being called a mechirat yud gimmel. This early sale, done before the time of bedikat chametz (searching for chametz), is primarily intended to exempt those who will be away for all of Pesach from checking their house (see Mishna Berura 436:32). By selling their chametz and renting out their house at that time, the obligation to check the house never starts. This sale also solves the timing issue for our Israel-bound traveler, as it precedes Erev Pesach morning in Israel. Someone traveling west who leaves chametz in Israel has fewer problems getting rid of his chametz before Pesach. If he sells in Israel, he is covered time-wise. (It is preferable but probably not absolutely necessary to inform the rav as to who will have access to his apartment should the non-Jew want to claim his chametz on Pesach.) Regarding the possibility of selling "Israeli chametz" in New York, the matter is more complicated, as follows. Assuming the sale takes place after it is already too late in Israel, we must decide how to look at chametz in a place where the prohibitions apply that is owned by one for whom the 6th hour of the day before Pesach has not yet arrived. It is agreed that a person violates the prohibition of possessing chametz only if he himself is in a place where the prohibition applies. However, Igrot Moshe (OC IV, 94) says that we also have to be stringent not to allow chametz to be in Jewish hands when chametz in its place is forbidden, even if, for the owner, there is still time. (He bases this on a precedent that the laws of isur hana'ah and chametz sheavar alav hapesach apply even in cases where there is no personal liability.) Although Rav Moshe presented his position tentatively and the majority opinion that argues on him seems logical, it is hard to discount his opinion (see Mechirat Chametz K'hilchato 3:14-17). (An early sale in New York could solve this problem, as well.) The problem of a westward bound traveler selling in Israel is the re-purchase after Pesach. (According to Rav Moshe, the problem exists for one selling New York chametz while in Israel.) When the rav buys back the chametz after Pesach in Israel, it is still Pesach for the owner in New York. The seller should inform the rav that he will be abroad and the re-purchase should not apply to his chametz until after Pesach is over for him. If the seller forgets to tell the rav and cannot reach him, he should declare that he cancels the rav's authority to buy back his chametz until later. Ask the Rabbi Q&A is part of Hemdat Yamim, the weekly parsha
sheet published by Eretz Hemdah. You can read this section or the entire Hemdat
Yamim at www.ou.org or www.eretzhemdah.org. And/or you can receive Hemdat Yamim
by email weekly, by sending an email to info@eretzhemdah.org with the message:
Subscribe/English (for the english version) or Subscribe/Hebrew(for the hebrew
version). Please leave the subject blank. Ask the Vebbe Rebbe is partially
funded by the Jewish Agency for Israel There is a lengthy discussion in tractate Horayot regarding the definition of "the entire congregation of Israel”. One of the questions raised relates to the way and extent to which each of the twelve tribes must be represented in order to qualify as "the entire congregation of Israel". Basing himself on a verse in Melakhim, Rabbi Asi maintains that only Jews residing in the land of Israel are taken into account with respect to the Par He'elem Davar shel Tzibur. While the Talmud cites this position only in Rabbi Asi's name, there is no dissenting opinion, and the Rambam records it as halakhah in the laws of Shegagot 13:2. In effect, Rabbi Asi and the Rambam are saying that while every Jew anywhere in the world is part of the Jewish nation, when it comes to quantifying the Jewish people, it is only those who live in Eretz Yisrael who count! The Rambam states this as a general rule in his commentary to Bekhorot 4:3: "For it is the Jews of Eretz Yisrael who are called the congregation. God calls them a 'congregation,' even when they are only ten in number. None of those living outside of Israel are taken into consideration." The Rambam uses this principle to explain why in certain Halakhic areas, only a court ordained in Eretz Yisrael is qualified to render a ruling, and why the Jewish calendar can only be determined by Jews living in Eretz Yisrael (see Sefer Hamitzvot, positive precept 153;Hilkhot Kiddush Hachodesh 5:1,2,13). All Jews are part of the Jewish nation. But it is the Jews
living in Israel who are authorized to represent the Jewish nation as a whole. TORAH THOUGHTS as contributed by Aloh Naaleh members for
publication in the Orthodox Union's 'Torah Insights', a weekly Torah publication
on Parshat Ha'Shavuah A little bit now. Most opinions hold that a man who is himself uncircumcised, for whatever reason, may not bring or eat Korban Pesach. He is an AREIL (uncircumcised person) and the Torah forbids an AREIL from eating KP. There is an opinion (more details next week), that if he cannot be circumcised because of a life-threatening health situation, then he is not an AREIL and CAN eat KP. As far as his uncircumcised son preventing him from eating KP, it seems that some opinions hold that if the son cannot be circumcised for health reasons, then the father does not have the obligation to circumcise his son, and he may eat KP. Only if the obligation exists and the father has not fulfilled his obligation, is the father banned from eating KP. But not everyone agrees here either. As mentioned earlier, more details next week, IY"H. Ed. addition: As far as "the fast of the firstborns" on Erev Pesach, none of the exemptions to Pidyon HaBen listed in the second paragraph of the answer, remove the Erev Pesach rules for a B'chor. For example, a firstborn after a miscarriage does not get a Pidyon, but is obligated by custom to fast on Erev Pesach, or get out of the obligation in the standard way it is done throughout the Jewish world. Just wanted to share this item with TT readers: Last Shabbat,
Parshat HaChodesh, there were two smachot at the Center - an Auf Ruf and a Sheva
Brachot Shabbat. As each family wanted to daven with their own minyan, we had
davening in the Wolinetz Family Shul and in the Levmore Conference Center. And
that also meant that all four of our Sifrei Torah (the latest just acquired the
week before) were in use. It is nice to have Sifrei Torah, but it is nicer and
special to use them. TREES by Joyce Kilmer For now that G-d's Shechina descended on the Sanctuary, it was as if each individual could be embraced by that very Presence. For now the Torah will tell us how a man - "Adam" - should sacrifice before G-d. Adam represents the first human being whose essence was both material and spiritual. So, when bringing a sacrifice, an individual could return to that pristine state and become immersed in G-d's fostering mantle. The Hebrew word for sacrifice, Korban, implies coming near. Thus, the offering is the means by which we approach G-d and elevate ourselves. The verse introducing this concept begins by referring to an offering to Hashem and concludes with the term, "your offering" (Vayikra 1:2). This indicates that at the outset the offering must be a true and sincere reflection of the individual's desire to draw closer to G-d. Otherwise it is indeed merely "your offering." (Tanya) Of all the sacrifices, the Shelamim or peace offering brought voluntarily best reflects that pure motive. Its very name invokes harmony. Stemming from one's inner self, it is not surprising that, in the words of the Sh'lah, it unites the upper and lower worlds. Shabbat Shalom, Menachem Persoff [The Parshat Vayikra Homepage]
|
