Today's Halachos are dedicated to R.C bas A. May Hashem bless her with peace and serenity in her life and may she find the inner strength to make the right choices and have true Yiddish Nachas from her children.
1) One who uses the bathroom immediately before a meal where bread will be eaten, is presented with a quandary, as follows:
*If the hands are washed and "Asher Yatzar" (The Bracha required immediately after using the facilities) is said followed by "Al Netilas Yadayim" (The Bracha required before eating bread), it will be a "Hefsek- separation" between the washing and the blessing on the washing.
*If "Al Netilas Yadayim" is said first and followed by the "Asher Yatzar", it will be a Hefsek between the washing and the "Hamotzi" you will say on the bread.
*Pushing off "Asher Yatzar" until after you eat the bread is also not L'Chatchilah, as it is supposed to be recited as soon as possible after using the bathroom.
Therefore, the best thing to do in this situation is to wash the hands after exiting the bathroom without a cup straight from the faucet (as such a washing suffices for after the bathroom, but not for Netilas Yadayim for bread) and recite "Asher Yatzar".
Then the hands should be[dried, according to Rav Moshe Feinstein Zatzal and others, and then] washed again, this time with a cup, and "Al Netilas Yadayim" recited.
2) The above Halacha is L'Chatchilah. However, B'dieved it isn't a real Hefsek to say "Asher Yatzar" between the Netilas Yadayim and the "Hamotzi". Therefore if one washed his hands for the meal after using the bathroom with a cup, he/she should recite "Al Netilas Yadayim" followed immediately by "Asher Yatzar" and then make "Hamotzi on the bread and eat.
According to many Poskim, the aforementioned "B'dieved" method, is actually L'Chatchilah, therefore it may surely be relied upon in situations where washing twice is difficult. (That this method is L'Chatchilah is the opinion of the Gaon of Vilna in Ma'aseh Rav, Ba'al HaTanya in Seder Netilas Yadayim Siman 6, Ya'avetz in his siddur, Chazon Ish Siman 24:30 and Aruch HaShulchan 165:2. See Mishna Berura 165:2 and 3 at length and Sha'ar Hatzion ibid. 2. See Shu"t Teshuvos V'Hanhagos Vol. 1 Siman 168 where he writes that "Al Netilas Yadayim" should be recited when the hands are wet, and "Asher Yatzar" should only be recited after the hands are dried. He says that this was the minhag of the Chofetz Chaim)
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QUESTION & ANSWER CORNER:
Reader Submitted Questions of interest on topics related to Halachos we covered, as well as other interesting topic 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 emailed to Halacha For Today)
Reader's Question:
I say tachanun [after Shemona Esrei ] on Friday mornings, although I daven with a minyan that does not say tachanun on Friday mornings,[is this proper]?
My Answer:
I am not sure that is the proper thing to do. You must do what the tzibbur is doing. For example, if there is a bris in the shul and the tzibbur doesnt say Tachanun, you may not say tachnun in that minyan.
Follow Up Question #1 from the same reader:
I agree in the case of the bris for that is a WIDELY ACCEPTED halacha by all that one does not say tachanun when there is a bris in shul.. To say tachanun in such a sitatuation would perhaps be a "tifrosh min hatzibbur" However, where is there a makor in halacha to not say tachanun on Friday mornings? It is not halacha but a minhag of some sort, the origin of which is very nebulous and vague.[most Jews say Tachnun] on Friday.
My Answer:
Halacha mandates that you follow the Tzibbur even if what they are doing is only a Minhag.(as long as it isn't blatantly against Halacha, which this isn't. Even though it may be only a chasidish minhag, it is still a Minhag Yisroel)
Follow up Question #2 from the same reader:
I am curious as to why a chasidish minhag is referred to as Minhag Yisroel! Who determines or what determines when a minhag becomes minhag yisroel? When did this "minhag" start and who started this minhag?
Is this based on the fact that there are more chassidim in Klal Yisroel than BNei Ashkenaz, litvish, yeshivish.
I have heard three different reasons over the years why they do not say tachanun.
The only reason I saw brought down in a sefer (I believe, Minhag Yisroel Torah) is because it shortens the davening in order that people can have more time to prepare for shabbos. I am not sure I understand what that means. Certainly, in today's times with the hundreds and hundreds of cholim and tzoros in klal yisroel, saying another perek tehilim, in the form of tachanun, is not such a bad idea. In any event, I eagerly look forward to your response as I have enjoyed very much your research and discussions in the past.
My Answer:
A Minhag Yisroel is any Minhag that is adhered to by any [frum] segment of Klal Yisroel, no matter if they are the majority or not. Most Minhagim have their roots in holy places. Many may be Al Pi Kabala (as many Chasidic minhagim are) and many may be due to a story that happened in a certain town. ( The Rama was very makpid to adhere to minhagim of his city of Cracow, even those that seemingly went against halacha. The full story about this can be found in the hakdama to Darchei Moshe)
many of the reasons for the initial minhagim may not be relevant anymore ( as in needing time erev Shabbos to prepare) yet, many congregations will steadfastly hold on to minhagm even if the reasons dont apply anymore, and that is an accepted hanhaga in Halacha.
Tachnun is an extremely holy prayer and many Sefarim actually say that if one cannot properly say it (slow, with Kavana etc.) it is better left unsaid!
Again, every Kehila should do what their custom is, and one who davens in a minyan that follows any custom should join them in their custom for that tefilah. (This includes davening their nusach for certain parts of the tefilah that are said aloud, even sometimes. See Igros Moshe Orach Chaim Vol. 2 Siman 23)
For a final ruling, ask a Rav. But I would say that you should indeed not say Tachnun if the minyan isn't saying it, as doing so would be very evident and thus inappropriate.
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 )
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