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Answer: The dilemma of choosing the lesser of two evils arises in many cases.
The gemara (Shabbat 4a) rules that one who sticks dough to a hot oven’s wall on Shabbat should scrape it off (usually a Rabbinic prohibition) to save himself from the bigger aveira of chillul Shabbat, whether he placed it there purposely or by mistake (Mishna Berura 254:39). Thus, if beracha l’vatala is a bigger aveira than not waiting six hours between meat and milk, perhaps one should eat a little of the milchig food. (In Shabbat 4a, the baking is continuing during inaction.) The Rama (Orach Chayim 271:5) indeed rules that if one made a beracha on food before Havdala, he should eat.
Bemare Habazak - Rabbis Questions (657)
Rabbi Daniel Mann
517 - Raffle on Shabbat
518 - Weak Prohibition Vs. Beracha L’vatala
519 - Folded Over Matza
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How serious is a beracha l’vatala? The Rambam (Berachot 1:15, cited by the Shulchan Aruch, OC 215:4) describes it as a Torah prohibition of saying Hashem’s Name in vain. Tosafot (Rosh Hashana 33a) posits that it is Rabbinic (praising Hashem any time, any way, is not in vain), and many concur. It is not, then, clear that beracha l’vatala is worse than the forbidden eating. Also, the Rama relates to a case where the food is permitted, just one must wait until after Kiddush or Havdala, which may make it more lenient (see Tosafot, Pesachim 106b). Milk after meat is tricky to define. On the one hand, the milchig food is permitted. On the other hand, the prohibition is based on treating it like eating milk and meat mixed together i.e., a forbidden food, (Yechaveh Da’at IV:41).
For another reason, eating some of the food might not help. One may not make a beracha on forbidden food (Shulchan Aruch, OC 196:1), so even if one ate the food, it may still be a beracha l’vatala. While the Rama felt it helped regarding eating before Havdala, the above distinction is relevant. Perhaps the beracha is not l’vatala on a permitted food before Havdala, but is l’vatala for Rabbinic meat-milk (Yechaveh Da’at ibid.). Even regarding a time-based minhag like fleishig food in the Nine Days, some opinions forbid eating even after the beracha was made (Yechaveh Da’at ibid.).
However, our case has mitigating factors. It is far from a Torah-level prohibition since the foods are not cooked together and especially if the fleishig is poultry. Even Rabbinically, eating milchig after fleishig is forbidden explicitly only at the same meal (Chulin 105a). The strongest reason to be lenient (see Yechaveh Da’at ibid.) is that after an hour has passed, we are not even sure eating milchig is forbidden at all (see Rama, Yoreh Deah 89:1). Note that while one may not feed forbidden food to small children, the consensus is that waiting an hour after meat is enough.
We found no one recommending using the beracha for a permitted food. Many rule that if one made a beracha on a food and it got lost before eating, he can use the beracha for another food, but only if it is the same type of food and it was before them during the beracha (Rama, OC 206:6; Mishna Berura 206:26). It is interesting that leniency on broadening the efficacy of the beracha is not the best alternative.
In conclusion, we recommend that if an hour passed from eating meat, one should eat a little of the milchig food; within an hour, one should just recite "Baruch shem …"
Chemdat Yamim Moreshet Shaul: The Goal of an Agricultural Yeshiva – part I
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
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Shoftim TESHUVA IN COURT OF LAW?
Parshat Shoftim-Chodesh Elul
Why does parshat Shoftim always come out during Elul? This innovative and central explanation is an eye-opener regarding many aspects of Judaism.
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(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: The Goal of an Agricultural Yeshiva – part I
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Chemdat Yamim The Goal of an Agricultural Yeshiva – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Re'e NEVER EXTREME EXCEPT ISRAEL
Parshat Re'eh
Judaism is against extremism, so how can we understand the seemingly extreme statements found in our sages in favor of living in the Land of Israel and against living in Chutz laAretz? The article deals with the seeming contradiction between the strength of Free-Will and the strength of being influenced by our surroundings.
Ekev DANCE FOR ISRAEL- FOR YOUR BENEFIT
Parshat Eikev
Description: The 7 Haftarot we read after Tisha B'Av ("Shiva D'Nichemta") surely get us excited that they're coming TRUE, and awaken us to yearn, dance & join the return to Zion! The short article also deals with the problems and solutions facing the American Jewish community as discussed at a recent panel, as well as the question why Jews come from America to Israel to help when we face problems, but Israelis don't come to aid Jews in America when they face anti-Semitism.
P'ninat Mishpat P'ninat Mishpat: Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: Twin Foundations
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
