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Beit Midrash
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- Bemare Habazak - Rabbis Questions
Answer: The Torah (Devarim 23:13-15) commands soldiers to keep their encampment holy by covering excrement (tzo’a). Uttering holy matters (of all sorts - Rambam, Kriat Shema 3:4) near unseemly things is forbidden and disqualifies matters such as tefilla (Berachot 22b).
Bemare Habazak - Rabbis Questions (656)
Rabbi Daniel Mann
563 - What Should One Skip to Get to Shemoneh Esrei on Time?
564 - Reciting Holy Things Near Garbage Containers
565 - Reading Advertisements on Shabbat
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Walking down a street, trash cans and their contents are always within eyesight. Could this preclude all holy matters on our streets, e.g., berachot, Tehillim, sharing Divrei Torah with family, singing at a hachnasat sefer Torah?! This is neither practiced nor reasonable. (In Talmudic times, garbage dumps (ashpa) stored tzo’a long-term (and truly stunk), and were at a fair distance from living quarters – refraining from sanctity in their vicinity was logical.)
Our streets enjoy two main points of leniency. 1. Due to prompt garbage collection, offensive odor is rare except for small amounts of residue. Thus, the distance of separation due to smell is at most slightly more than four amot from the trash receptacles. 2. Tzo’a is almost always covered, often multiple times (plastic bags for diapers and decomposing matter; being surrounding by non-smelly garbage; a closed garbage bag that takes it outside; the dumpster’s covering). We thus fulfill the Torah’s command to cover tzo’a, which solves the problem (Shulchan Aruch, OC 76:1).
Is it a problem if there is an uncovered trash container or one with an overflow of bags? The gemara (Berachot 25a) says that tzo’a does not affect people in a nearby but different domain. Receptacles in areas with apartment buildings almost always have the dimensions for a different domain. The Shulchan Aruch (OC 79:2) cites, without a clear preference, a machloket Rishonim whether this leniency applies when the excrement is visible to the person. The stringent opinion is a potential problem. On the other hand, the other coverings usually solve the problem, at least if one cannot smell the garbage (see ibid.).
The prospect of treating a trash receptacle as a graf shel re’i is our biggest potential problem; nothing will help, as it is not covered and therefore it should not be in sight. However, the consensus of poskim is lenient on the matter (see Ishei Yisrael 53:36) for several reasons. First, graf shel re’i applies only to somewhat absorbent materials, e.g., pottery and wood, not metal (Shulchan Aruch, OC 87:1; see Mishna Berura ad loc. 6) and hard plastic (B’tzel Hachochma VI:26). Second, much of what is put into them are non-tzo’a materials and any tzo’a rarely touches the receptacle (ibid.). I would add that graf shel re’i is something that stands out as "disgusting" and people naturally keep a distance from it. Common things on respectable streets cannot turn entire streets into a garbage dump. The practice, even of great talmidei chachamim, is that one may engage in kedusha on them (see Halichot Shlomo, Tefilla 20:1).
In summary, one walking down the street may assume the presence of covering and the absence of offensive smell when involved in holy things (see Shulchan Aruch, OC 76:8). Midat chasidut might be that if he notices open or overflowing receptacles with open or ripped garbage bags, he will look away (Ishei Yisrael ibid.), and when alone, one might pause holy speech within four amot of receptacles (see Mishna Berura 87:6).
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)
P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
Rabbis in Midrash
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P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 85031 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)
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
D'varim Judaism’s Social Vision
Re’eh
Giving is more than an act of generosity—it is an essential part of human dignity that belongs to everyone, rich and poor alike. The ultimate goal of help is to empower others to stand on their own.
Kuzari -Rabbi Ari Shvat Kuzari class 9 - "Seeing is Believing" (parag. 21-30)
These paragraphs elaborate on the theme that seeing and knowing is better than any attempt to prove logically, and begins explaining the difference between Israel and gentiles.
