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FRUMToronto Articles Halacha for Today




Blog Image: Halacha For Today Picture.jpg
Wednesday, February 4 2009
 
Halacha For Today: 
 
Wednesday 
February 4th 2009
10 Shvat 5769 
 
To See Today's Yahrtzeit's CLICK HERE
 
~~~~~~~~~~~~
 
1)One who purchases Sefarim with Ma'aser money should clearly write  on the inside front cover of the Sefer that it was purchased with Ma'aser money.
 
The main reason for this is that when the Sefarim get passed on to one's children they be aware that they may not keep them for themselves, but must "share" them with others. ( Taz Yoreh Deah Siman 249:1 See also Shu"t Bais Dino Shel Shlomo Yoreh Deah Siman 1. This was the custom of the Steipler Zatzal [in the early days when he used to buy Sefarim with Ma'aser money]. The Chazon ish was also very Makpid that if one relies on these Heterim to buy with Ma'aser, he must write this inside.)
 

2) Some Poskim maintain that only rare Sefarim that one would not otherwise purchase with regular money, may be purchased using Ma'aser money (Shu"t Mishne Halachos Vol. 6 Siman 197. Though he writes there, that the Mihag Ha'Olam is to be lenient)
 
Other Poskim prohibit buying any Sefarim with Ma'aser money (Aruch HaShulchan Yoreh Deah Siman 249:10. He writes that although "Heterim "can be found for this practice, it is best to stay away from these Heterim. This is also the opinion of the Shita MeKubetzes Kesubos 50b, quoted in the MaHarsham as well as many other Poskim)

Today's days when Sefarim are so commonplace, easy to find, affordable, and not "lent out" to other people as often as they were in the old days (as most people have their own Sefarim), many contemporary Poskim say it is best to be stringent and refrain from using Ma'aser money to purchase Sefarim. (Rav Chaim Kanievsky shlita in Derech Emunah Hilchos Matnas Aniyim Perek 7 in Biur HaHalacha Dibur HaMaschil V'Echad M'Asara. Thisis also the opinion of Rav Shmuel Wosner Shlita  in Shu"t Shevet Haleivi Vol. 7 Siman 194 and in Vol. 5 Siman 133 (in the comments to the new edition (Mahadura Chadasha). This is also the opinion of Rav Yosef Shalom Elyashiv shlita)
 

question

QUESTION & ANSWER CORNER:
 
(Reader Submitted Questions of interest (on topics related to Halachos we covered, as well as other interesting topics) and my Answers taken from the Q & A page on the Halacha For Today website. For study purposes only, NOT for Psak Halacha. Questions can be sent to Halacha For Today )
 
 
Reader's Question:  
 
Firstly, your site is absolutely wonderful and a very convenient way to learn a little Torah each day...

...I had an interesting question regarding snow and hilchos shabbos. What is the reason for snow being "muktzah"? (which I know is a very misunderstood category of hilchos shabbos to begin with)
 
 What melachos would be involved in playing with snow? Or sweeping it out of the way (not shoveling, but with one's boot for example) to make a path easier to walk on? Just curious...because it snowed this past Shabbos!
 
My Answer: 
 
 
Snow which fell on Shabbos, according to many Poskim, is muktzah do to its being "Nolad", something which came into existence on Shabbos, and thus couldn't have been set aside before Shabbos for any permitted use. Moreover, even snow that fell before Shabbos, according to these Poskim, is "Muktzah Machmas Gufo- intrinsically Muktzah" do to it not having any use as animal feed or any other use (similar to a rock or sand) (Opinion of Rav Moshe Feinstein Zatzal , quoted in Sefer Tiltulei Shabbos and others)
 
Some Poskim rule that snow [as long as it's not too dirty to use] is not Muktzah, even if it fell on Shabbos (as the water which formed the snow was in existence before Shabbos, thus it isn't Nolad). Even according to these Poskim, it is still prohibited to form "snowballs" or "snowmen" on Shabbos. (Opinion of Rav Shlomo Zalmen Auerbach Zatzal quoted in Shmiras Shabbos K'Hilchaso and others)
 
According to Rav Shlomo Zalmen Zatazl it would be permitted to clear a path of snow on Shabbos regardless when it fell.  If by clearing the path it will prevent people from Chas V'Shalom slipping and getting injured, it would probably be permitted according to Rav Moshe Zatzal as well. 
 
 
Follow Up Question from Same Reader:
 
Just a follow up question to Rav Shlomo Zalman Auerbach's psak in the last part about clearing a path, would that make shoveling mutar? or melacha? does he mean clearing a path just with a boot or by means of walking on it? or is a "kli" for removing snow permitted?
 
My Answer:
 
 If it isn't easily moved with your foot, a shovel can be used, especially if being done to prevent injury R"L. Though it is best to use it with a Shinui (in a different manner than it is used during the week) if possible. It is also best to designate the shovel before Shabbos for such a use, to satisfy all opinions. (based on Psak of Shmiras Shabbos K'Hilchaso)


 Our holy sages, the Chazal tell us  
  תנא דבי אליהו כל השונה הלכות בכל יום מובטח לו שהוא בן עולם הבא, שנאמר הליכות עולם לו, אל תקרי הליכות אלא הלכות
- one who studies [at least two] Halachos daily is assured a portion in Olam Haba -  the world to come. 
(:מגילה כ"ח )
 

Please visit  my website www.HalachaForToday.com for archives, Kosher links, Questions and Answers,and  other features. Halachos are for study purposes only, and should not be relied upon for final Psak. See Halacha L'Maaseh Disclaimer Here. I welcome all  questions on any topic, anytime! Help spread the word of Hashem!
 
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Posted 2/4/2009 12:00 AM | Tell a Friend | Halacha for Today | Comments (0)

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