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- Bemare Habazak - Rabbis Questions
Answer: First, we note that the only question is on the first day of Sukkot (regarding the second day in chutz la’aretz, see Be’ur Halacha to 649:5), regarding which the Torah (Vayikra 23:40) says that one must own the l&e he uses (Sukka 41b). Afterward, it must only not be stolen (Shulchan Aruch, Orach Chayim 649:2).
For mitzvot such as l&e, tzitzit, and kiddushin, where one can fulfill the mitzva only if he owns the relevant object, the owner can facilitate his friend’s mitzva if he gives it to him as a mamlh. Not only can this work, but if the owner effectively lends them for these purposes without discussing the halachic mechanism being employed, we generally assume the parties intend to apply the correct mechanism, i.e., mamlh (see Shulchan Aruch in: OC 658:5; OC 14:4; Even Haezer 28:19. Differences might exist between these areas of Halacha based on the natures of the need for ownership – see Taz, OC 14:5). Practically, lending and mamlh are almost identical. Halachically, though, the mechanism of lending keeps the basic ownership unchanged, and mamlh transfers ownership to the recipient, assuming he fulfilled the condition of returning the object properly (see Shulchan Aruch, OC 658:4). Language that ostensibly implies the use of a mechanism other than mamlh, could possibly prevent the recipient’s ability to fulfill the mitzva (see ibid. 3). Giving a l&e with the understanding that the recipient needs to own them to fulfill the mitzva, without saying anything can be better. The matter is questionable if the people (especially the owner) lack the knowledge that ownership is needed, in which case someone should explain what is needed. Details/opinions on the impact of lack of knowledge are beyond our scope (see Magen Avraham 678:3; Halichot Shlomo, Moadim II, 11:7; Dirshu 658:12). But again, silence and general intention work for semi-knowledgeable people.
From discussion of intention and speech we move to actions (i.e., a kinyan), which are required to acquire something. Regarding a present of a l&e, there are two candidates for the kinyan used: 1) Yad (the object’s presence in the recipient’s hand); 2) Hagbaha (lifting the object).
Relying on hagbaha has problems. An acquirer must lift the object either three tefachim or one tefach (Shulchan Aruch, Choshen Mishpat 198:2), and the recipient of the l&e does not always initially lift them at all! On the other hand, some say it suffices that one took it in the air when the object’s position is the requisite height above the floor or table (see opinions in Pitchei Choshen, Kinyanim 6:(18)). Also, one usually lifts the l&e while shaking them. On the other hand, it could be a problem that the recipient probably does not intend to acquire it at that time, and one could ask if the beracha, said before that time, was valid (see Mikraei Kodesh (Harari), Arba’at Haminim, p. 446 – we cannot go into further analysis). A problem with yad is that some say the whole object must be contained within the hand. On the other hand, many say that whatever is within the vertical line of the hand is acquired (see ibid., p. 449).
Bemare Habazak - Rabbis Questions (654)
Rabbi Daniel Mann
581 - Ask the Rabbi: Crying in Rosh Hashana Davening
582 - Ask the Rabbi: How to Acquire Borrowed Araba’a Minim?
583 - Ask the Rabbi: Kiddush and Havdala in Shul
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The minhag is indeed to just pass the l&e from one to the other without statements or formal actions; the minhag should remain. Only when someone is unaware of the need to transfer/acquire the l&e does it pay to make a point of identifying a process of kinyan before making the beracha.
Bemare Habazak - Rabbis Questions Ask the Rabbi: Omitting Tachanun in Selichot in the Presence of Simcha
Bemare Habazak - Rabbis Questions Ask the Rabbi: Forgot to Remove Tefillin Before Musaf of Rosh Chodesh
Rabbis in Midrash
Lessons
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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.
Ein Aya Various Universal Stages of the Geula Process
Rav Kook examines the various stages of redemption, explaining how (in addition to the obvious oft-mentioned stages of ingathering the exiles, reviving the Hebrew language, army, state etc.) the messianic dream of world prosperity, the State of Israel and world unity can and are realistically and logically gradually coming true.
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
How do we know that the "claim" of mass revelation to 2,000,000 witnesses at Mt. Sinai is really true? This important class answers all of the questions skeptics ask about this claim of the Kuzari.
Ein Aya Armies Still Necessary for Balance & the War Against Wars
Rav Kook explains why the world was originally divided into the various seemingly contradicting ideologies and cultures, in order to develop each one respectively. Swords or armies symbolize how each respective ideology defends themselves, as well as deters their opposing ideologies and cultures. On the other hand, the messianic era will be one of peace, and Rav Kook explains the transition to that stage, which mankind is already undergoing.
The Land of Israel LGBT'S IN ISRAEL
The question was asked, how can one make Aliyah with the LGBT parades?
Kuzari -Rabbi Ari Shvat Kuzari class 7 - Five Accumulative Proofs of G-d
As a preparation for the Kuzari's classic proof of G-d from the mass-revelation at Sinai, we start here with 5 other directions to strengthen our belief which also contribute to what the Kuzari will present as well.
Ein Aya Muscle & Meaning: The Dual Nature of Gevurah (Physical Strength)
Is physical strength and fitness a necessity or an ideal? Although it if often totally overlooked among topics of Judaism, Rav Kook writes that it clearly is also a necessity to deter the many enemies of Israel, but even in Y'mot HaMashiach, in the Messianic era, to a certain extent, it's ideal continues even after our enemies will have been finished off.
