The
RMb"M said the following
Truth is where you find it, but if the source is questionable, you must confirm
the logic of the proofs because we do not go by arguments based upon the source,
but upon the logic of the proofs. So, because of this, many times we have to
consider everything and do much research while with holding judgment until the
end. Plus, even when we think we have found the answer, our research should be
run by many experts if the answer seems to fly in the face of the conventional
wisdom.
return to top of Questions page
END OF ARTICLE
When to wear the Talith Gadhol ?
ג,יב [יא] אף על פי שאין אדם מחוייב לקנות טלית ולהתעטף בה, כדי שיעשה בה ציצית, אין ראוי לאדם חסיד, לפטור עצמו ממצוה זו; אלא לעולם ישתדל אדם להיות עטוף בכסות המחוייבת בציצית, כדי שיקיים מצוה זו. ובשעת התפילה, צריך להיזהר ביותר; וגנאי גדול הוא לתלמיד חכמים, שיתפלל והוא אינו עטוף בציצית.
"It is a great disgrace for a Torah scholar to pray without being wrapped in a Talith" (Mishna Tora/ Hilcoth Sitsith 3:12)
היה משאוי על ראשו, והגיע זמן התפילה--אם היה פחות מארבעת קבין--מפשילו לאחוריו, ומתפלל; היה ארבעת קבין--מניחו על גבי קרקע, ואחר כך יתפלל. דרך כל החכמים ותלמידיהם, שלא יתפללו אלא כשהן עטופין
"It is the way for all Sages and their students to pray only when (unless) wrapped in a Talith"-- Mishnah Torah/ Sefer Ahavah / Hilcoth Tefillah/ Perek Heh/ הלכות תפילה פרק ה
------------------------------------------------
Siyah Yerushalayim Siddur Instructions / Sitsith (translation):
It is a positive commandment, that whoever has a garment with four wings (corners) in it, will walk with his fringes.
---------------------------------------
Hilcoth Sisith / Simon Het / Shulhan Orach haMikitzur / Rasabi
Translation Site Admin.
A man is not liable with Sisith if it is not a four cornered garments, at any rate it is good and right to wear a talith qatan all day long, this is like a big lesson, , that is to say measure length by (against) the measure (of) width [I didn’t understand the previous line].
Besides [apart from] what is needed for him to do talith Jathol (fringed) to drape in at times of prayer at the very least.
FOOTNOTE: according to simon Caf”dole siyf Aleph. “Whether this is also during the mincha and aravith prayers, look at chapter Nun Yud page caf “be. (SEE BELOW)
“The minhog in Yemen was for everyone (the entire kahola) to drape the Talith –not only for during the Prayer of Shaharith, but also during Minha and Aravith, from the beginning of the prayer until the end.”
Rabbi Yaish/ Bladi
RABBI NACHSHONI / Bladi
"As for TALITH, as I said, large one on Shabboth but tseetseeth
Shabboth shalom.
Wearing it inside or out
More on the Temani way:
The way they used to wear the Talith had to do with the place and culture
at that time. They wore different clothing, Yemen's weather is not the hot
humid Israel's weather, they put the Talith on their shoulder ,(they even
didn't called it Talith - they called it "Shamleh". The Talith was the one
they wear on Shabbat), they worked with it , they put their shopping in it, it
was the cover on head from rain and sun, etc. etc...
Site Admin:.I can't tell if they are referring to old Talitoth in general as
Shamlei or only the non-big ones?
Site Admin: in Yemen
shemeryahu: He's referring to the large one
Site Admin: than how do you explain this from halicoth teman
Site Admin: Shamlay
On the week days--the people came back to from the Beth Knesset with the
Tallitot. They didn’t have a “Tallit Qatan” (per say). Instead, they wore a
black fabrick (which did have Tsitsith) to sit on and protect themselves. It
is like a talith katan (but) over the shoulders (presumably on the outside of
the clothes) and it served protective purposes. This was only on the weekdays.
This was called the Shamlay.
Site Admin: there is a blurring of concepts here
shemeryahu: It had to be large enough to carry groceries, it had to be large
enough to be used as a blanket on the ground or when one took a nap, and it
had to be large enough to cover enough of the body
shemeryahu: You have to understand that Mori Yusef was writing for an audience
that knew tallis gadel and tallis kasan
Site Admin: SO DID WE KNOW THERE WAS ONE POINT WERE THEY DID NOT HAVE A QATAN
shemeryahu: Yes
Site Admin: RIGHT
Site Admin: SO when they prayed during the week
Site Admin: did they cover them selves up with a bigger Talith Jathol
Site Admin: over the Shamlei
Site Admin: for prayer
shemeryahu: Either they wore it over the shamle or they took of the shamle
indoors
Site Admin: or did they just keep wearing their sweaty Shamlei for prayer
shemeryahu: "They would not leave the house unless wrapped"
Site Admin: Either way, they MUST have had a seperate Talith Jathol to be worn
during the week prayers
Site Admin: YES?
shemeryahu: Yes
Site Admin: okay.
Site Admin: So when we say SHAMLEH
Site Admin: the closest to an equivalent term today would be a Qatan
shemeryahu: Yes
Site Admin: OKAY. This is my understanding
shemeryahu: That is why Mori Yusef used that term in Hilckhoth Temon
Site Admin: but Hhaim blurs the terms together at times
Site Admin: as if a Shamlei refers to any Talith
shemeryahu: Think of it this way, the talith qathon replaced the shamle hus
learas
Site Admin: so here is the key question. DID THEY WEAR A SHAMLEI TO AND FROM
THE SHUL ON SHABBOTH
Site Admin: ?
shemeryahu: I don't think Hayim is blurring the words - remember, a lot of
people don't understand minhaje Temon, so often times modern words had to be
substituted
shemeryahu: I believe the answer to that is yes
Site Admin: THEN THEY MUST HAVE OWNED TWO SHAMLEIS. one for the week and one
for the Shabboth?
shemeryahu: No
Site Admin: How can they wear a week day Shamlei on Shabboth?
shemeryahu: No
shemeryahu: I can explain my idea
Site Admin: So they only relied upon the Talith Jathol on Shabboth
Site Admin: that is my idea
Site Admin: I don't think they used the Shamlei for Prayer
Site Admin: only for utility and working
Site Admin: when they prayed
Site Admin: or on Shabboth
Site Admin: they must have exclusively worn a Jathol
Site Admin: its and relied upon that as their four corned garment as they
walked
Site Admin: on Shabboth
Site Admin: your theory?
Site Admin: Otherwise you are talking two Shamleis and two Jatholim
Site Admin: thats a lot of Talitoth
shemeryahu: From what I understand, most Sefardic and Mizrahi halachic codes
say that one does not wear an outergarment with four corners (and thus
sisiyoth) on shaboth
Site Admin: unless you want to say that undergarments don't matter
shemeryahu: The talith qathon is a European garment and wasn't worn by
Sefarathim or Mizrahim
Site Admin: while not praying?
Site Admin: slow down
shemeryahu: Let me try to rephrase it
Site Admin: when you say they didn't wear an outer garment with Fringes on the
Shabboth
Site Admin: you mean they only wore the one underneath?
shemeryahu: No
Site Admin:
shemeryahu: The talith qathon is fairly new for Sefarathim and Mizrahim
Site Admin: and Temanim
Site Admin: But in my notes to Halcoth teman, I say that the Shamlei was only
worn during the week.
Site Admin: In the absence of a Qatan. That would mean they only wore a nice
Shaboth Talith Jathol all day
Site Admin: on Shabboth
shemeryahu: Rule number one, you need to stop assuming that certain germents
were universal among all Jews
shemeryahu: That is correct
shemeryahu: There is no halacha deOraitha to wear a four-cornered garment
Site Admin: I agree with that
Site Admin: We know that
Site Admin: but they wanted to keep the Miswah
shemeryahu: Right
shemeryahu: So here is the question, at what point was the talith jathol - the
one we wear in prayer - created to allow us to keep the miswa?
Site Admin: I am almost positive they wore nothing but a Talith Jathol in old
Yemen on Shaboth .
Site Admin: wow. That's a heavy question
Site Admin: hold on.
Site Admin: I'll be right back
shemeryahu: The talith jathol was probably created before the taligh qathon
shemeryahu: Sure
Site Admin: I am sure
Site Admin: so
shemeryahu: So there is an evolution of clothing
shemeryahu: It became difficult to wear the talith jathel outside of the bh"k,
in Europe, so the talith qathon was born
Site Admin: so we can't (with surety) say that the Shamleh is an authentic
Jewish garment any more than a Qatan
shemeryahu: We can't be 100% positive, but logic dictates that the shamle is
the most accurate
Site Admin: they are both Jewish garments
shemeryahu: Anything with sisiyoth is a bagath Ivri
Site Admin: Even the Temanim themselves (and the Jatholim amongst them) are
saying they only developed this way in response to whether
END OF ARTICLE
Order of putting on the Talith and Tefillin
The RMb"M says
that one may put on whichever one wants first: Tefilin
then Talit, or Talit then Tefilin. R' QafaH says that many people in
Yemen put on the Tefilin last, BUT only because they were already
wearing the Talit Gadol when they came to the shul. Many people would
get up very early in the morning, long before z'man Tefilin, to learn
Torah. They would put on their shamleys at home, NOT in
order to fulfil the mitzva of Tzitzit, but rather as part of their
normal clothing (malvush)--it was also earlier than z'man mitzvat
Tzitzis as well. They would then put Tefilin on in the shul; they could
not put them on at home because the streets leading to the shuls were
not clean enough to openly wear Tefilin.
The problem we have to solve is that today we do not put on the Talit
Gadol at home as a garment as many did in Yemen. Almost everyone puts
on BOTH the Talit and the Tefilin when they get to the shul. So, if you
are at the shul and you have both mitzvot before you, which do you do
first? Again, the RMb"M says whichever you prefer. What the Baladim
actually did, we have to either look in R' QafaH's books of Sheilot
v'Tshuvot, or ask a Rav.
Tisha B'Av
Friend says:: We don't wear a tallith in the evening or
morning and we don't wear taphillin in the morning. We wear taphillin and
tallith at minhha.
END OF ARTICLE
Shemeryahu's view
Yesh nohaghim: Some have the tradition -
this to me implies either something
Shami/Rasabi/Sharabi/Mahari"Sthat found its way into the sidur, *or*
something that some Bladhiyim accepted as a form of stricture.
Nohaghu: Our tradition - this is just what it says, a Baladhi tradition
(should we assume this to mean Dor De`ah) --
[Site Admin.'s comments: see below for Pinhas's opinion which demonstrates the
limitations of this term--I.E. 'nohagu' does not always represent what is found
in the oldest Tikhlal.]
Nohaghim: Traditions - I believe this speaks of common Temani ones, since
every other edah has common traditions and differing ones, why would we be
any exception?
END OF ARTICLE
The Siah Machzor (Yom Kippur) had no indications that Teimanim actually bowed at the saying of "Baruch Shem...." during the reading of the Avodat Kohen Gadol. Again, all these itty-bitty details have to be checked one by one either with the Mishne Torah or a Rav. bowed the first two times, but not the last times. Right or Wrong? I have no idea. Gotta learn a heck of a lot more. I cannot say that I am in complete agreement with your and Friend's assessments of the "nohagim" and "nahagu" that are sprinkled throughout the siddur. They show up preceding things that for certain are additions to the davening. Again, this truly requires going through the siddur page by page with someone who really "knows"-and I mean KNOWS- what in the world Baladi Teimanim do. I can say one thing for certain: R' QafaH uses the word "Omrim" where there is no doubt as to what has to be said al pi Baladi. In the main siddur on page koof-yud-zayin, R' QafaH uses the language "V'nahagu bizmanim elu lomar piyut zeh" (And the custom in these times is to say this piyut) right before L'cha Dodi. But if you read his Seder Kabalat Shabat on page koof-zayin, point Heh says clearly that in the early tiklalim there was no Kabalat Shabat! To translate "nahagu or nohagu" as "OUR tradition" is risky at best, outright incorrect at worst. You might then end up saying L'cha Dodi by mistake. Yes, it is all confusing. My best guess is that even with all the introductory sayings R' QafaH put into the siddur (all the "nohagims" and "nohagus"), the true Baladi seder tefilah is still not clear to one who either (1) did/does not daven at a pure Baladi shul, or (2) has not digested the depths of the QafaH Mishne Torah. I think that all of the "nohagims" and "nohagus" still apply to those who daven either Shami or some variants of Shami or Baladi. Despite what I think, however, I still have every intention of getting to the bottom of it all ASAP, b"n.
END OF ARTICLE
Friend says:: when we get to israel, if I do something that is not according
to the ancient tradition of the jews of yemen, you will have to correct me
Site Admin: VICE VERSE
Friend says:: I saw some pictures of some wearing the qatan as well as the
jadhol
Friend says:: in old pictures from yemen
Site Admin: VERY VERY few wore a Qatan. But the Shamlei accomplished the same
thing as the qatan
Site Admin: by the way, I read that the Shamlei wasn't alway black. Sometimes it
was black and white stripes
Friend says:: the qatan is optional if you wear the jadhol
Site Admin: THATS what i think! (but it is not so simple)
Friend says:: but since a lot of people don't wear the jadhol all the time now
like they should, they suggest that at least everyone should wear the qatan all
the time now
Site Admin: The local Rav here had no problem with me wearing a Jathol all day.
His only problem is with my lack of a Qatan on Shabboth
Friend says:: well, rasabi (shulchan Orach) suggests to wear a qatan all the
time even on Shabboth
Friend says:: if you don't wear a jadhol at all times every day
Site Admin: WELL THEN. I will have to get a DIFFERENT PAIR for Shabboth
Site Admin: because the Temanim were very big on seperating garments from the
week / or the Shabboth
Site Admin: I need two Talitoth Qatanim
Site Admin: I only have one now
Site Admin: for the week
Site Admin: so in the mean time
Friend says:: just wear both on Shabboth
Site Admin: My Talith qatan that I have now is a week day garment
Friend says:: ok
Friend says:: sounds good
Site Admin: Halicoth Teman is big on seperating the week from the Shabboth
Site Admin: Although the Rav here challanged me on this saying: Do you also
change your Kippa
Friend says:: if you were in a teymani congregation, the only time they might
say something to you is if you had neither on at some time
Site Admin: So I've designated one kippa for Shabboth and one for the week
Site Admin: I don't care about real underclothing though
Friend says:: by the way, I think that if you don't wear the jadhol all the time
every day, they would then challenge you not to wear it in the bathroom
Friend says:: and then they would say that you are not wearing anything while in
the bathroom, so therefore on Shabboth you should wear both
Site Admin: BUT. I still wear some type of arba ganfotth Garment all the time in
the bathroom anyway
Friend says:: this is what they told me
Friend says:: :
Friend says:: if you wear the jadhol at all times every day even not during
prayer, you can wear it into the bathroom
Friend says:: if not, you cannot
Site Admin: But how does this apply to Shabboth--where there are clearly
different garments--one for the week and one for the Shabboth.
Friend says:: and if you cannot, you must be wearing a qatan when you take off
the jadhol to go in
Friend says:: and to wear the qatan in the bathroom, you have to wear it every
day all the time
Site Admin: OR don't go to the Bathroom --he hee
Site Admin: But what does wearing it every day have to do with the practices on
Shabboth?
Site Admin: I don't get it
END OF ARTICLE
On the night of the second day, they stay in Beth Kenasath. After aravith, they are staying to say slicoth and this is a very old minhog. The food and the clothing are like Shabbatoth and the other holidays. The first night of Rosh Hashanah, they used to bring different foods to the table that they have a special Bracha that starts with the words Yehi Rason.
SIMANIM from the GAMARA:
Yehi Ratzon
Mil'fa'necha, Ad-noi El-heinu Vei'l-hai Avothainu...
1- Rubiyah (fenugreek)— she’hirbu zachuyothaynu. (May it be your will to multiply our merits)
2- Salka (beets) —shyistalagu oivaynu waso-na-eynu. (our enemy will disappear)
3- Dates – shayitamu awanothenu. (our sins will be finished)
4- Squash – Shayigora gazar dinenu. (our verdict will be destroyed)
5- Pomegrante — Shanirba zachuyothenu koriman.. (we will have a lot of merit)
6- Leeks – igozaru oiavaynu wasone-enu. (our enemies will be torn)
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7- Apple in Honey...she'tichadesh aleinu shana tova u'm'tuka." "...(that you renew us for a good and sweet year.) - (Ashkenaz Custom)
_______________________________________________________________
The Meaning Behind the Words (Ashkenaz Pronunciation): www.kashrut.com/articles/simanim/#gourds:
The Gemora in the tractate of Kerisus (6a) states "Abaye said 'Now that you have said that an omen is significant, at the beginning of each year, each person should accustom himself to eat gourds, fenugreek, leeks, beets and dates...'." Because of this Gemora, it is a custom to eat these listed foods, as well as other foods, which represent good things. (We will soon explore how exactly these foods are representative of good things.) The issue that must first be addressed is why do we "indulge" in omens at the beginning of the year, on Rosh HaShana? As we will soon see, there are many, many different omens and customs. Why do we eat these foods on this occasion?
The goal of these omens is to act as a reminder. By eating all of these foods that have positive connotations, a person realizes that now is the time he needs to be asking for these good things, because now is the time he is being judged. As soon as the person realizes that now is the time that he is being judged, he will realize that omens alone will not be enough for his salvation, and that repentance is needed. Therefore, eating these omens, which are a reminder that now is the time for repentance, is extremely appropriate for Rosh HaShana.
Another reason given for why we eat these "omens" has to do with the "spirit" of the holiday of Rosh HaShana. If one looks over the prayers on Rosh HaShana, one will find that the basic theme is one of proclaiming the kingship and greatness of Hashem. Although Rosh HaShana is the day on which we are being judged, we do not make requests for sustenance, health, long life, etc.. We instead demonstrate how we have accepted Hashem as our king, and that we will listen to Him and follow His dictates.
Yet, asking Hashem for one's needs really is not so far out of the realm of proclaiming the kingship of Hashem. By asking Hashem for our needs, we vividly illustrate the fact that Hashem is our superior, and that we depend on Him for everything. In reality, if we asked Hashem for our needs, it would demonstrate how we are the subjects of Hashem, and that we have accepted Him as our king.
In order to reconcile these two realities, we have the omens. By eating these omens (and with some, saying the accompanying liturgy), we are covertly asking Hashem for our needs. We do not want to do such blatantly, as that is not in the strict spirit of the day. However, as it does demonstrate that we have accepted Hashem as our king, and today is the day we are being judged, we "ask" Hashem that we be remembered for a good year in a fashion that is not outwardly a request.
The foods mentioned by the Gemora all are omens because the food itself symbolizes a good or because their names connote or sound similar to words that indicate some sort of good thing. These words are used in the liturgy which is said upon eating the food, known by its first two words "Yehi Ratzon..." "May it be your will...."
(For a listing of the appropriate Yehi Ratzon's transliterated and translated in to English, see the end of this article)
The first food that the Gemora mentions is gourds, or "K'ra." The word "K'ra" sounds both like the word for "read/proclaim" and the word for "tear." When we eat the gourd, there are two possible "Yehi Ratzons" that can be said. The first goes "Yehi Ratzon milfanecha... _sheyikaru'u lifanecha zechuyo'seinu" "May it be your will Hashem that our merits _ be read/proclaimed_ before you." The other is"...sheyikora g'zar de'nainu." "...that the decree of our sentence should be torn up." There are varying customs as to this Yehi Ratzon, and a prevalent custom is to recite both endings together in one Yehi Ratzon.
The second food mentioned is "Rubia," or fenugreek. The word "Rubia" sounds like the word "yirbu," the word for "increase." We therefore say a Yehi Ratzon that contains the request "may...our merits increase."
The word for the third food, "Karti," leeks or cabbage, sounds like the word "kares," "to cut off/destroy." We therefore say a Yehi Ratzon that asks "may... our enemies be destroyed."
The word for the fourth food, "Silka" or beets, sounds like the "siluk," meaning "removal." We therefore say a Yehi Ratzon that requests "may our adversaries be removed."
The word for the fifth and final food "Tamri" or dates, sounds like the word "sheyitamu," "that they be consumed." Hence, we sat a Yehi Ratzon that implores "may... our enemies be consumed."
Another food that we eat is honey, because of its sweet taste. We dip Chalah (holiday loaves of bread) and apples in honey. Upon eating the apple and honey, we say a Yehi Ratzon that beseeches from Hashem that "You (should) renew us for a good and sweet year."
Why do we eat apples? The Maharil explains that we find in Bereshis 27 that Yaakov disguised himself as Esav in order to "trick" Yitzchok, his father, into giving him the blessings of the first-born, which Esav had previously sold to Yaakov. When Yaakov came close to Yitzchok, who was blind, Yitzchok noticed a sweet smell emanating from Yaakov. Yitzchok commented (Bereshis 27:27) "See, the smell of my son is like the smell of a field which Hashem has blessed." He then continued to bless him with blessings of wealth and power. According to many commentators, the "field which Hashem has blessed" refers to an apple field, and the smell of that apple field is also the smell of the Garden of Eden. The Vilna Gaon continues to explain that this incident with the blessings occurred on Rosh HaShana. It is therefore fitting to eat an apple, a fruit whose smell is associated with the blessings of Yaakov (which were given on this day) as well as with the Garden of Eden, on the day on which we ourselves want blessings.
END OF ARTICLE
Hhaim : "Tiklal" was the name of the old/ancient/original/Baladi siddur. The Yemenite Jews did not use the word siddur. There were no siddurim for every one. The typical "Kaniss" had ONE "TIKLAL" for the entire "Mitpalelim". They all pray by heart. There was a shame to use a book/siddur...
The word "TIKLAL" is an Arabic word that means EVERYTHING/INCLUSIVE - The "TIKLAL" includes everything for every day of the year - "Chol", Shabbat, Chagim, Rosh Hashana, Kippur etc - all in one.
Someone else comments: The QaafiH
siddurim I have seen do not represent the version of the old
manuscripts of either MT or the tiklaal, but rather the compromised "baladi"
version of the latter-day MahariS, which is MOSTLY very late additions some of
which went according to the customs of the new qabbalah. But Mori QafaH
usually points this out in his Siyahh Yerushalayim sidur. The real original
tiklaal needs only one small volume for the whole year, for it is lacking in
this needless bloat. My opinion is that we will never know what the true source
of RMBM's siddur is, but I hope the coming Rav Shabse Frankel edition of the
Book of Love will settle some of the disputes on the minor details of that book
according to the majority of Yemenite manuscripts. I clearly subscribe, however,
to Mori Yusef's theory that the Yeminite manuscripts are the best and the
"autographed" manuscript is full of so many unique errors of surprising (from
the viewpoint of RMBM's style) addition and subtraction that I think that its
scribe/proofreader was not to be trusted.
Friend comments: According to the Yad: "Elohai nesor leshoni," and "oseh shalom" are not mentioned in the Yad.
Site Admin: I'll give the final word to Mori QafaH zs"l:
Selected Writings of Rabbi Yosef Qafih, of blessed memory
Excerpt from Journal "Sinai," pub. by Mosad HaRav Kook, Jerusalem, Tammuz 5718,
from article entitled "HaRMb"M wegaluth Teman," pg. 261
"I have heard from the old men that there is a tradition with the Jews of Yemen which says that the prayer version that Maimonides wrote in his book, the Yad HaHazaqa, he received from the Jews of Yemen, at his clear & absolute knowledge of the fact that the Jews of Yemen had preserved with utmost zeal the ancient most rendition of the prayer, and that its style was clean of all additions and innovations which the scholars of Babylonia, the wise men of Spain, and the Rabbis of Ashkenaz have made and inserted within their prayers throughout the generations which preceded Maimonides as well as during his lifetime. Proof of which, and a thing which lends support to this tradition, can be found in several places whereby Maimonides mentions, in a transient manner, a certain section taken from the prayers, which he then writes in a version unlike that used in his composition (i.e. the Mishne Torah, or what is also called, Yad HaHazaqa). For example: In his Commentary on the Mishnah, Berachoth chapter 5, he wrote that in the benediction made during the rainy season [the blessing is] 'Bless over us' (Heb. ברך עלינו), while in the book Yad [HaHazaqa] he did not write this version."
המקור: "שמעתי מזקנים שמסורת בידי יהודי תימן שנוסח התפלה שכתב הרמב"ם בספרו היד החזקה קיבל אותו מידי יהודי תימן בידעו ידיעה ברורה שיהודי תימן שמרו מאוד על נוסח התפלה העתיק ביותר ושנוסחתם היתה נקייה מכל ההוספות והתיקונים שתיקנו והוסיפו בנוסח התפילה גאוני בבל, חכמי ספרד ורבני אשכנז במשך הדורות שקדמו להרמב"ם ובזמנו. סמך וסעד למסורת זו יש להביא מכמה מקומות כשהרמב"ם מזכיר איזה קטע מן התפילה דרך אגב שהוא כותב נוסח שלא כתבו בחיבורו. לדוגמא: בפירוש המשניות, ברכות פרק ה', כתב שברכת השנים בימות הגשמים ,ברך עלינו, ובספר היד לא כתב נוסח זה." ("סיני," שנת תשי"ח)
(Excerpt from Rabbi Yoseph Kappah's edition of RMb"M's Mishne Torah, Vol. II, end, Preface to Prayer Version used by Maimonides) "Wherefore it seems that the matter is, indeed, as the tradition bequethed unto us by our forefathers, from generations long-past, that the Prayer version which is before us Maimonides received from the Jews of Yemen, (whose mutual correspondence [is well-known by all, and] needs no further proof), since it has shown itself with infallible proofs to be pure and clean from the emendments made by the Geonim as also their [so-called] perfections; and there is not to be found in it the improvements made by the Savants of Spain, neither the proofreadings made by the cantors of Ashkenaz; Just as Maharitz wrote in [his] Questions & Responsa, 'Pe'ulath Sadiq,' Vol. I, responsum # 48, that it has been received as an oral tradition that all of our practices with regard to our prayers are very old, nearly from the days of the destruction of the [first] Temple. Let him look there [at his response]. Now, by this, all of those speculations have disappeared that [once] centered around the source of that version which is before us. It seems to me that in every place where our Rabbi (Maimonides) wrote, 'The people have it as a custom,' [or] 'They have it as a custom to read,' [or] 'Some of the people practice,' [or] 'They have it as a custom in our cities,' [etc.], these are the things that our Rabbi (Maimonides) brought down by his own volution, as being [part of] his own custom. He added them, and incorporated them into that prayer which he received from the Jews of Yemen. Likewise, the Jews of Yemen reciprocated that same kindness, and just as he received from them, so too did they receive from him and they inserted them and [permanently] fixed them in their own Prayer books. Now they are practiced by us even to this day, save only [a few] small things about which I have already commented that they have opted to hold on to the ancient custom of their fathers …"
CLICK HERE FOR MORE ABOUT THE ORIGINAL VERSION OF THE TIKLAL
Rambi2.pdf
END OF ARTICLE
IMPORTANT Question. PLEASE HELP. How can the RMb"M say in one place that purity of hands ( טהרת הידים ) is one of the five things that prevents a person from praying (see Hilkoth Tefilah 4:1 - הלכות תפלה ד) and yet tell us it is okay to rub our eyes and say a morning blessing regarding the eyes like פוקח עיוורים or even to say "Elohai nashama" (אל-י נשמה) while still lying in our bed-- if we are still tumah after sleeping. Although I do see in Barakhoth 1:9, that the RMb"M says that a person who who is ritually impure is permitted to say all the blessings. Please help me to clear up this contradiction.
Afterall, the RMb"M says that we should do the action right after the blessing. We are not supposed to delay. So how can we rub our eyes if we are tumah? Are we not Tumah in the morning. And meanwhile the RMb"M is mentioning that we should always wash before Amidahhh and Shema` (although I can't find the verse)…
Also, could you tell me a bit about RMb"M verses current Temani Practice--especially as our hands may have been busy (according to Tohorot 7:8).
Any help would be greatly appreciated
Thanks, Site Admin. Site Admin.
TALMID ONE: Like you said, washing hands is
required prior to davenning and NOT
blessing. There is no requirement for washing right after blessing with no
delays. On the other hand, like for all other blessings, RMb"M requires
'Over la-asiyatan' i.e. blessing should be just before the actual deed. So,
'Pokeya Ivrim' blessing should be while on bed just before actually opening
your eyes with no linkage to washing hands as one can bless while being
'Tameh' (just like in the 'Miquveh').
This is exactly how we behave actually. The only difference I know of is
that while RMb"M requires washing before every Tefila, we are actually
washing w/bless only before Shahrit, while before Minha & Arvit we just
wash w/o blessing.
I don't know exactly where to begin...
SOMEONE ELSE RESPONDS: I
think that your friend here is mislead by the word "prayer", and seems to
think that anything that is in the prayer-book has to be a prayer, a common
enough thought; no, he does not say that, but he implies it.
NOTE: this is the classical example where current Orthodox practice is
totally out of line with Hz"l and Shulhhan Arukh (code of Jewish Law) , not to
mention our blessed MT.
That is, the Talmud says to say "Elohay hanashamah shennattatah bi Tehorah. . ."
when one awakens
before opening his eyes, and that is what is written both in MT (Mishna Torah)
and Shulhhan Arukh (Talmudic sources).
However, according to most of Orthodox Judaism, on the other hand, he actually
says "modeh ani lefanekhah . . ."
(I give thanks before Thee . . .) without mentioning God at all, let alone
saying one of His holy names the first
thing on waking. What is supposed to be said immediately on waking is delayed
until after going to the bathroom
and doing a ritual hand washing.
The excuse for Judaism's
'new custom' in disregard of Jewish law is a supposed prohibition to mention
God's names
before a ritual hand washing, which contradicts not only our ancient holy texts
but also an express provision in the
Shulhhan `Arukh Code (o"H 4,23), which is often said to be the guide for
Orthodox Judaism today. In short, instead
of mentioning God first (as is required), one mentions oneself first
(perhaps as an unintentional expression of the very
modern non-Torah thought that the individual person, the "ego", is more
important than God).
END OF ARTICLE
Shema`: Proper Time for Saying In the Morning
א,יב [יא] ואיזה הוא זמנה ביום--מצותה שיתחיל לקרות קודם הנץ החמה, כדי שיגמור לקרות ולברך ברכה אחרונה עם הנץ החמה; ושיעור זה, כמו עישור שעה קודם שתעלה השמש. ואם איחר, וקרא אחר שעלתה השמש--יצא ידי חובתו, שעונתה עד סוף שלוש שעות ביום למי שעבר ואיחר
A Talmid of Mori Arusi says the following:
I strongly doubt that the RMb"M was very exacting regarding the precise moment of the Netz Hahama or even the six minutes he mentioned (prior). None of these times are really meant to be precision timing. For instance see the commentary to the Mishna regarding the recitation of Kiryat Shema` where he says that the time fluctuates - based on haze (for lack of a better word). I personally prefer to judge these times by looking to the sky obviously when I'm not amidst bright lights and a big city. In some synagogues in Yemen it was common to look at the coloring of the Alabaster windows and decide based on its particular shade. In others, people simply looked to the sky.
Site Admin Counter-Comment:
On the other hand, I beg to differ with the "sin" comment above. The RMb"M clearly says
the commandment (מצותה) of
timing for Kriath Shema` starts just before (1/10th hour before)
Sunrise - netz ha hamah: הִלְכּוֹת
קִרְיַת שְׁמַע פֵּרֶק א-יב . Everyone agrees on that part.
It must also be required "to begin with" as a part of the mitzvah of
praying at the right time. And where is the proof? This must be
so, because the RMb"M describes those people saying Shema` after (the six
minutes before sunrise) as
"those who transgress and delay (or 'are late')". See bold above =
שעבר ואיחר .
I've heard people argue that the word (transgress) there means (passed the time). They say it does not mean transgressed. However, this expression is found in other locations - and there it must mean "transgressed".
You will find, for example, `avar we'eHar, which is clearly NOT "the time passed" and he delayed, but he "sinned" and delayed, in 1,10 [9] as well as 1,12 [11]. Contrast the language in 2,6!
Also, why would Rambam be redundant and say, "those who 'pass the time' and delay". It is unnecessary. He need only have said they were late or passed the time (f that was the case).
After the fact, all agree we can still say it during the next three hours (as soon as possible) and fulfill their obligation (after the fact); however, the implication is that one MUST say it before sunrise (to begin with).
If we mess up (transgress), and miss it, we SHOULD say Shema` as soon after that as is possible. There is an ongoing command - to say the Shema` at the proper time (and if missed - we "should" say it as soon after - as possible). This is further explained in chapter two of hilkhot kriat Shema` (chapter 2). This means if you miss the six minutes (before Sunrise) time, you are still supposed to say it as soon after that as is possible within the third legal hour of the day. Although any time within that third hour is acceptable (after the fact).
Question: Is there is a specific commandment to say it - as soon as possible - even after we are already late?
Answer: A SPECIFIC EXPRESS commandment? No. But one who wakes up late or has delayed the reading after sunrise is to read it as soon as possible, and is specifically forbidden to study Torah (including reading Psalms as usual before reading sh:ma`), so the usual barukh she'amar, etc. through the qaddish before sh:ma` are all forbidden.
The general rule is that one does not put off any commandment, not even to do some other commandment.
Also, we can not say the Shema` until we have washed our hands. Technically, we could wash our hands and say Shema` on our beds, and skip almost all the blessings!
But usually, we bless as we wake up anyway - Elohai ha Neshomah, rubbing eyes, releasing- sitting up, standing up, taking steps... things like that (ie: bathroom).
So if we miss the 6 minute time, we certainly do NOT say Birkath Ha Torah. Birkath haTorah is required only if you say it before the 6 minutes. Otherwise, you must skip it, and go right into saying Shema` , provided you have washed your hands. "Barukh she'amar" is ALWAYS optional. Surprise.
You can say sh:ma` without foot and face washing, which are specifically required for the morning "prayer", that is `Amidahhh.
If you say it at the proper time, than (of course) one must wash feet, hands and face.
This answer is based on Halakha, as recorded by RMb"M.
My Mori Writes:
It is a sin to intentionally delay, but one who cannot see what the time is and when the sunrise is, may delay a few minutes, of course.
But that does not make any excuse for delaying HOURS! I never take 6 minutes for the blessings in my prayers alone (but that is the usual average time in shul), but time my start so that I FINISH with sunrise and stand up and pray with the sunrise.
He did say about a tenth of an hour, which is right. Being a couple minutes off makes no difference, I am sure; being a couple HOURS off is clearly sin, yes, SIN. Even ONE hour. Whether early or late!
א תְּפִלַּת הַשַּׁחַר--מִצְוָתָהּ, שֶׁיַּתְחִיל לְהִתְפַּלַּל עִם הָנֵץ הַחַמָּה; וּזְמַנָּהּ, עַד סוֹף שָׁעָה רְבִיעִית שְׁהוּא שְׁלִישׁ הַיּוֹם. וְאִם עָבַר אוֹ טָעָה וְהִתְפַּלַּל אַחַר אַרְבַּע שָׁעוֹת עַד חֲצוֹת הַיּוֹם--יָצָא יְדֵי חוֹבַת תְּפִלָּה, אֲבָל לֹא יָצָא יְדֵי חוֹבַת תְּפִלָּה בִּזְמַנָּהּ: שֶׁכְּשֵׁם שֶׁמִּצְוַת תְּפִלָּה מִן הַתּוֹרָה, כָּךְ מִצְוָה מִדִּבְרֵיהֶם לְהִתְפַּלַּל אוֹתָהּ בִּזְמַנָּהּ שֶׁתִּקְּנוּ לָהּ חֲכָמִים וּנְבִיאִים.
END OF ARTICLE
Pesahh: Falls on Shabboth:
Burning Chametz
The Moreh here says you need to finish all leaven products by 9:30 am in the morning (on the Sabath). So nullification (statement) is said before the halakhic 5th hour as follows. Sages forbade eating from the beginning of the 6th hour to eat or benefit, to prevent infringing on Torah commandment. However, from the beginning of 5th hour of the day, we must not eat because of the clouds. If you didn't nullify by sixth hour, you transgressed.
So it is best if before the six (even the fifth) hour. We are talking 11:00am (no later) / Hilkoth Pesahh 3:8. We must nullify by 12, as we can still benefit during the 5th and 6th hour. So we don't nullify until beginning of the 6th.
Of course there is no burning on Shabboth. But even on non-shabboth days, Hhamets can be destroyed in anyway that it dissolves. Like throwing it to the wind. There is nothing to forbid the burning of hhamets.
Shema`
A friend of mine pointed out the following in kriath Shema` 3:15: "a person
reading the Shema` in a garbage heap is not permitted to continue reading if a
doubt arises regarding the presence of feces until he checks that it is clean
because a garbage heap may be presumed to contain feces. If the doubt exists
only regarding urine, however, the Shma may be recited" and also (in 3:6) : "The
shma not be recited in the presence of human feces, or in the presence of dog or
pig excrement while skins are soaking in it or in the presence of any other
feces like these that have a foul odor. This is also the case regarding human
urine, but not animal urine" This is all relevant because "all those who are
free from the obligation to recite the Shema` are free from the obligation to
wear tafilin" (hilkhoth tafilin 4:13).
END OF ARTICLE
Hhaim: my friend decided to stop eating pizza because he says that most
of the grain there is clearly forbidden
Hhaim: he says this applies to Jaluth too
Hhaim: he is trying to find it in hilk Maakhalot Asuroth
Hhaim: now
Hhaim: Hil Maakhalot Assurot 10:2
Hhaim: he says there is one rest that makes yashan pizza
COUNTERPOINT: I don't think it does.
COUNTERPOINT: The Torah clearly states it doesn't and the RMb"M doesn't say that
it does.
Hhaim: what is the text
COUNTERPOINT: I don't have it on hand here.
Hhaim: he says it it clearly says that it applies "hutza laaretz" (outside the
land)
COUNTERPOINT: Hold on...
Hhaim: http://www.mechon-mamre.org/i/5210.htm
COUNTERPOINT: Show me the quote from the Torah first that has this miSwa.
COUNTERPOINT: After we look at torath mosha, then we can examine the MT.
Hhaim: בין בארץ בין בחוצה לארץ
COUNTERPOINT: 'When you enter the Land which I Am giving to you, and you harvest
its crops, you shall bring the "Omer."
COUNTERPOINT: '
Hhaim: but then it says in all places and all times
Hhaim: in the land to the Jaluth
COUNTERPOINT: the first of the harvest, to the Kohen. And he shall move the Omer
forward, backward, right, left and up-and-down, before G-d, as an expression of
your free will, on the day after the 'Shabbat,' shall the Kohen move it in the
manner described."
COUNTERPOINT: So, we know the `omar can only come from crops from the land of
yisra'eyl.
COUNTERPOINT: "And you shall make, on the day of the ritual movement of the
Omer, a lamb, unblemished, in its first year, as a burnt offering to G-d. And
its associated grain offering should be two tenth-"ephahs"
Hhaim: so what does it mean Hhutz laaretz
COUNTERPOINT: of fine barley-flour mixed with oil, a burnt offering to G-d, with
a pleasant aroma, and its libation of wine, one fourth of a "hin"
COUNTERPOINT: And you shall not eat bread, nor roasted kernels, nor full
kernels, until this very same day, until you bring the offering to your G-d; an
eternal statute for all of your generations, wherever you may live."
Hhaim: so you think it only applies in the land?
COUNTERPOINT: I am not drawing a cnclusion yet.
COUNTERPOINT: I am examining the texts at this point.
Hhaim: בכל מקום ובכל זמן, בין בארץ בין בחוצה לארץ
COUNTERPOINT: the Omer is a dry measure, containing the volume of 43.2 average
eggs. It is the amount of barley flour that had to be brought, and is also the
name of the offering
COUNTERPOINT: "hin" (a liquid measure)
COUNTERPOINT: Yes, but is it saying the application of our miSwa or of the
grain?
COUNTERPOINT: Of course it applies to us even if we are outside of the land.
COUNTERPOINT: But does it aspply to grain grown outside of Israel, that is the
question.
COUNTERPOINT: in every place and every time, in the land or outside the land
COUNTERPOINT: One could say this means it is a miSwa for us not to eat Hadhash
from the land even if we are outsiude of the land.
COUNTERPOINT: Or it could be saying that grain grown outside of the land also
counts.
COUNTERPOINT: I need to look at the Torah text more, my wife found something in
it before that made me think the RMb"M was saying this:
COUNTERPOINT: the miSwa not to eat Hadhash from the land applies outside the
land also.
COUNTERPOINT: Meaning, Hadhash from OUTSIDE the land would be permitted. but I
need to check what she showed me again.
COUNTERPOINT: There are five types of grain; they are:
"Chitin" - Wheat
"Seorim" - Barley
"Kusmim" - Spelt
"Shibbolet Shual" - Oats
"Shifon" - Rye
There are two categories of "age" of these grains:
"Yashan" - "Old"
"Chadash" - "New"
COUNTERPOINT: The definitions of "Old" and "New" in this context depends on when
the plant took root. If it took root prior to the Sixteenth of Nisan, the Second
Day of Passover, in a given year, then subsequent to the Sixteenth, it is
considered "Yashan," Old. Prior to the Sixteenth, it is still considered "Chadash,"
New.
If the grain took root after the Sixteenth of Nisan, it is not considered "Yashan"
till the following year, after that year's Sixteenth of Nisan.
And you shall not eat bread, nor roasted kernels, nor full kernels, until this very same day, until you bring the offering to your G-d; an eternal statute for all of your generations, wherever you may live
Look, the RMb"M says Hadhash applies both in and outside the land.
But what does he mean?
Does he mean jewish grown or everybody?
My wife showed me something in the Torah that said YOUR grain or something like
that and convinced me it only applied to jewish grown.
But I need to ask her to show me it again.
Its clear from the RMb"M it applies both in and outside the land.
The question is really, does it apply to non-jewish grown, I would say no at
this point.
So, its a Torah miSwa that applies to all jewish grain everywhere is what I would say
א כל איסורין שאמרנו, הן במיני נפש חיה; ויש איסורין אחרים של תורה, בזרע הארץ--והן החדש, וכלאי הכרם, והעורלה, והטבל.
ב החדש כיצד: כל אחד מחמשת מיני תבואה בלבד--אסור לאכול מהחדש שלו קודם שיקרב העומר בשישה עשר בניסן, שנאמר "ולחם וקלי וכרמל לא תאכלו" (ויקרא כג,יד); וכל האוכל כזית חדש קודם הקרבת העומר, לוקה מן התורה--בכל מקום ובכל זמן, בין בארץ בין בחוצה לארץ, בין בפני הבית בין שלא בפני הבית. אלא שבזמן שיש מקדש--משיקרב העומר, הותר החדש בירושלים; והמקומות הרחוקין, מותרין אחר חצות: שאין בית דין מתעצלין בו, עד אחר חצות. ובזמן שאין מקדש--כל היום כולו, אסור מן התורה; ובזמן הזה במקומות שעושין שני ימים--החדש אסור כל יום שבעה עשר בניסן עד לערב, מדברי סופרים.
Like every other rabbinic enactment, the blessing comes before the action.
"One is obligated
to recite a blessing BEFORE kindling, as one does before fulfilling any of the
obligations incumbent
upon us by virtue of Rabbinic decree." (Yad, Shabboth 5:1). In fact, the
Mitsvah is not considered
completed until one says the blessing and completes the act.
This brings out the principle found in the
Talmud "Kol Hamitzvot Mevarekh Aleikhen Over Leasiyatan - the blessing
immediately precedes the
mitzvah" (Pesachim 7b, Sukkah 39a, Megillah 21b, Menahot 35b). Recent
attempts (during the past
two hundred years) to change this authoritative formula, in the name of avoiding
a creation of fire on
the Shabbot are illogical. The burden of proof always rests on the one making a
new change. In logic,
this is referred to by latin term "onus probandi." Legally, Judaism (according
to the Talmud) requires a
blessing and then the action. That's why we say the blessing first and then
light. If only blessings
accomplished this (ie: completed the mitzvah), we would only have to say the
blessing without doing
the action for any mitzvah. The danger with this practice involves two
transgressions. One transgression
involves "not saying the blessing." The other involves a blessing in vane.
Reasons For The Change
The reason given for this change (ie: lighting before, instead of after, the
blessing) is sometimes disturbing.
This type of argument almost always focuses on reassigning
some new (or previously "secret")
reason for candle lighting. This clever argument replaces the true reason (ie:
to complete the mitzvah
of lighting candles on the Shabboth) with other reasons. Usually, this
reassignment focuses on the
lighting component (only), as it conveniently divorces the blessing. However,
this is easily debunked...
as long as one remembers the ever-operating requirement of
"Over Leasiyatan" - the blessing immediately
precedes the mitzvah. The primary purpose of blessing & lighting the
candles is to complete a mitzvah! If
other conditions develop after this mitzvah occurs, they are secondary.
In certain "mystical" circles, we hear the following claim. The blessing changes the candles.
This is an interesting but irrelevant concept. In addition, Shabboth candles
need to be designated
for this lighting purpose before we even bless OR light. In actuality,
blessing & lighting (with intent) completes
the mitzvah (rather than changes the candles). Even if you want to say the
candles do change (in spiritual purpose),
this is a secondary outcome (effect) that comes from blessing AND lighting the
candles. The primary effect of
blessing and lighting the candles is to complete the mitsvah (commandment).
Here is a simple reading of the words in the blessing which precedes the
candle lighting. The primary action
(completion) of the blessing is lighting :
"who has commanded us to kindle the light of Sabbath"
---------------------------------------------------------------------------------
Others claim that the kindling of the lights should
precede the blessing because, according to some authorities,
reciting the blessing marks the woman's acceptance of Shabbat, after which she
is forbidden to light a flame
(Rama Zt"l on Orach Chaim 263:5).
In respect to this claim, I would have very much liked to have seen the Rema's actual (clear) stance on the practice of these others. I suspect he viewed this as circular reasoning, in addition to a built-in assumption. Of course, I can not speak for the Rema. However, I am curious to know if the Rema used the word "authorities" in this section. In addition, I am curious as to how the Rema viewed this practice (from a strict legal standpoint).
Either way, this type of defense attempts to divorce the blessing from the action. In Torath Moshe (Judaism), there is no separation of these two concepts. They need each other to complete the mitzva. There can be no blessing without an action. Otherwise, it would be a blessing in vain. So even if (as it is argued) the blessing secondarily brings in the Sabbath for women (at times), there is no support for the abolishment of the age-old rabbinic formula - which requires blessing before the action. Thus, there is no authority to "push aside" the EXTANT Talmudic law. Also (from what I understand), he subscribed to tefillin on the moed (for part of the day).
However, many try to circumvent this issue by covering their eyes (right
before saying the blessing). In this way,
they uncover their eyes after the blessing. They say this maintains the
integrity of the formula, as they have not seen
the light until after the blessing is finished. You can be the judge on this.
But either way, the burden of proof always
rests on the one making a new change. Again, this is referred to by the latin
term "onus probandi."
Note: This same concept applies to washing our hands for bread.
How To Extinguish the Flame
According to most, the mitvah of candle lighting formally starts the Sabbath
for women. This concept most likely
originated from the geonic work Halakhoth Gedoloth. With this in mind, most
play it safe by not extinguishing the
flame after lighting (IE: they let the match extinguish itself). I have heard
of others who stipulate to extinguish the
flame, and then to start the Sabbath.
Purpose of Candle Lighting?
Apparently, the RMb"M talks of many REASONS for lighting candles. No one of these reasons can START the Miswah.. BLESSING AND LIGHTING is what starts it. Even if a women doesn’t look at the candles, she has already honored the Shabbath – according to RMb"M.
RMb"M takes the view in Hilkhoth Shabboth 5:1, which states that "men and
women are obligated to have a candle burning in their homes on the Sabbath...
this is included in the mitzvah to enjoy Sabbath." In Hilkhoth Shabboth 30:2-5,
he discusses the mitzvah of kavod Shabboth: "how is the mitzvah of honoring
Sabbath fulfilled? the Sages have said that it is a mitzvah for a person to
bathe in hot water on Friday in honor of Sabbath...the table should be set,
candles lit, and the beds made... All these things express the honor of
Sabbath."
Lighting candles BEFORE Sabbath is a part of Kavode Shabboth., while having
them burn on Sabbath is oneg (mitsvah of enjoyment). KAVODE = before and ONEG =
after...
Think of what this is saying… should she purposefully avoid feeling joy (or benefiting) during this miswah, until after she looks? Isn't this also a hefsek (interuption)? You can decide for yourself.
In 'aveyluth, this is all explained.
RMb"M says that we have to do rabbinic things on yom Tov sheyni, but
they can't come and stop us from doing biblical things.
Yom Tov sheyni is mo`eydh, it is not Hagh. However, rabbinicly, we treat it
like Hagh, except in regard to things the Tora requires us to do on mo`eydh...
like wearing taphillin. My take is that I am in doubt; therefore, one should
lay them without a blessing on the second day.
Its in 'aveyluth
Music : Prohibition In Effect Today ?
There is a rabbinical gezera recorded in Ta`aniyoth
5:14, which not only prohibits playing and listening to music - but also even
singing: The implication is that this now applies to all times and days.
יד וכן גזרו שלא לנגן בכלי שיר, כולם; וכל מיני זמר, וכל משמיעי קול של
שיר--אסור לשמוח בהן, ואסור לשומען: מפני החורבן. ואפילו שירה בפה על
היין--אסורה, שנאמר "בשיר, לא ישתו יין" (ישעיהו כד,ט); וכבר נהגו כל ישראל, לומר
דברי תושבחות או שיר של הודאות לאל וכיוצא בהן על היין.
However, any legislation enacted by the Beth Din Haggadhol
must be accepted by the vast majority of the people in order to become
binding (see Hil. Mamerim 2:11). There are those who contend that no
generation has ever taken upon itself to observe this gezera and it therefore
never became binding. I am not a historian and cannot tell for sure, but I do
get the impression that this is the case from RMBM’s words in the second
sentence:
יד וכן גזרו שלא לנגן בכלי שיר, כולם; וכל מיני זמר, וכל משמיעי קול של
שיר--אסור לשמוח בהן, ואסור לשומען: מפני החורבן. ואפילו שירה בפה על
היין--אסורה, שנאמר "בשיר, לא ישתו יין" (ישעיהו כד,ט);
וכבר נהגו כל ישראל, לומר דברי תושבחות או שיר של הודאות לאל וכיוצא בהן על היין.
In this context, "nahagu kol yisrael" does not mean that this was a minhag legislated by the Sanhedrin and court of r. Ashe and r. Ravina, but rather that most people have adopted the custom of singing over wine. He does not call this an incorrect practice (like in other places). This could suggest that most (all?) people never paid attention to the gezera on music. In fact, I suspect this gezara was universally REJECTED by klal Yisrael. But that may be wishful thinking. I am not sure.
TALITH QATONIs there anywhere in the Yad that discusses the need for wearing a cloak?
Not that I know of.
Specifically, we are trying to find out if we could get away with wearing a talith qaton as our final garment, if it is big enough to cover our shoulders.
The minimal size of a Tallit is enough to cover most of a small boy who is big enough to venture outside without Mommy or some other guard. I assume that in the US with its many pedophile perverts, that would be bigger than here; but my guess is that the standard size from the halakhah's viewpoint can be based on the size of our 5 or 6 year old maximum, not on US conditions. In short, it does not matter what YOUR OWN PERSONAL SIZE is. הלכות ציצית ג,א כסות שחייב אדם לעשות בה ציצית מן התורה--היא כסות שיש לה ארבע כנפיים, או יתר על ארבע; ותהיה מידתה, כדי שיתכסה בה ראשו ורובו של קטן המהלך לבדו בשוק, ואינו צריך אחר לשומרו ולילך עימו; ותהיה הכסות של צמר או של פשתים, בלבד.
In other words, we want to bless on a large talith qaton, and walk without a talith gadhol on the Shabboth. I had heard in the past from the Ashkis that there was some requirement to cover a qaton with the jacket (or final garment). Any basis to this?
Is sounds like a misnaged custom, as many Chasidim wear one on the outside. No problem from M"T's viewpoint.
So we could bless on a talith qatan -- from MT's point of view. I mean
to bless l'hitatef
Sure! I do it all the time.
(not al mitzvat)
There is no such blessing for RMBM.
....if the qatan is the right size.
That is the key. There is no point in wearing any Tallit unworthy of a blessing (that is an oddity of a minority custom).
1. Iggereth Ribbi Sherira Ga'on. The *required* source for
understanding the development of and history of the Tora Shebe'al Pe.
Concerning the correct nosaH of the Talmud, there is
no edition today that matches exactly the one used by the RMBM (not even close).
Iyye Hayyam is a commentary on ge'onic responsa.
There were intentional changes to its text in France. If you want a taste of the version Maimonides used, I would use the text as resolved by R. Yisra'el Moshe Hazzan in Iyye Hayyam No. 187. This Iyye Hayyam is available in reprint by Moznaim Publishing (Wagshal family) as part of their series on the Geonim. But again, there is no longer a correct version in existence.
On the other hand, I believe there is now a Yemenite copy; which adheres to this version. Contact Nusakh Teman for Rabbi Amar's version.
Maimonides writes in his Mishne Torah, (Hilkoth Lolav): "…Now the
commandment, according to its proper performance, is to lift up the
bundle of the three kinds (i.e. the palm branch, willows and myrtle
branches) in one's right [hand], and the citron in his left, and
then to move [them while coupled together] in a forward direction (
éåìéê), then to bring [them] back towards himself (éáéà), then to
raise [them] above (éòìä), and then to lower [them] below (éåøéã),
and to rattle the palm branch three times, in every direction. How
[exactly is this to be done]? He moves [them] in a forward direction
and rattles the head of the palm branch three times. He brings
[them] back towards himself and rattles the head of the palm branch
three times, and likewise does he perform the same actions when
raising [them] and when lowering [them]. And where does he [begin]
moving [them] forward and bringing [them] back again? At the time of
reciting the Hallel…"
During my observance of this practice with the Yemenites of the
Baladi-rite, when they move the palm branch forward, or raise up the
palm branch as described above, etc., they will do so while standing
in one position and without turning their bodies to the right or to
the left. Each movement of the palm branch is done in a single
gesture with the arms, and without "poking" as you see occasionally
with other groups. Once the palm branch has been extended outward,
there he performs the three successive rattling, as described above,
while the arm remains stretched out. And in the case when his arms
are drawn near himself, there he performs the rattling when his arms
are held in a bent position. When lowering the palm branch, this is
done with the palm-branch firmly held in an upright position, but
never pointing downwards, as we occasionally see with other groups.
Maharitz writes extensively about the practice, and concludes in his
commentary known as " 'Etz Hayim" that the main function is to move
them forward, bring them back, raise them up, and lower them down.
But nowadays, he says, we also add the two cardinal directions of
east and west when moving the palm branch.
On this, Rabbi Nathanel Alsheikh (Ha-Levi) writes in his
Tiklal "Torath Avoth" :
In Yemen (which is a country in the southern hemisphere), the
congregation always stood facing the north, i.e. in the direction of
Jerusalem. Therefore, when they wanted to move the palm branch
towards the east, this was naturally on their right hand side. But
today (now that the exiles of Yemen have returned to their own
land), if one were now in Tel-Aviv when he stood facing Jerusalem,
he has already fulfilled his movement of the palm branch in the
eastward direction when he moved his palm branch forward! (For
Jerusalem in relation to Tel-Aviv is in the east.) Therefore, it is
not necessarily the "east" and the "west" which must be strictly
observed, but rather, one's "right" and one's "left." In other
words, regardless of where he were standing, after he has concluded
his moving of the palm branch in a forward direction, and back
towards himself, as well as upwards and downwards, he then proceeds
to move the palm branch in the direction of his right hand side,
followed by his left hand side.
END
The origin of the custom regarding not marrying or cutting one’s hair during at least part of the Omer is disputed. Some bring the Geonim who give it as a sign of mourning for the pupils of Rabbi Akiva who died in that period, whilst others say that it nothing to do with mourning and has Kabalistic origins!
The RMb"M does not so much as even mention such a custom and on this I wrote to Rabbi Yoseph Kapach, who was an authority on the RMb"M and customs of Yemenite Jews. I asked the Rabbi, “Why does the RMb"M not mention in his ‘Mishnah Torah’ the Geonic decree in connection with mourning during the Omer period? Was the RMb"M aware of this decree?” Rabbi Kapach answered me in a handwritten letter in Rashi script, “There is no such decree and it is not known which Gaon instituted it. The RMb"M only rules from things which are stated in the Talmud or which are learned from the Talmud …. In addition, in the case of the Geonim …. he would write that the Geonim made such a decree. But the custom of mourning during the Omer period is shrouded in great uncertainty. In any case, in Yemen they did not have the mourning customs such as not cutting one’s hair. However they did not get married but not because of mourning …”
The minhag of the Baladi Yemenites, endoresed by Maharitz(see "Peulat
Tzadik") and Mori Yuseph QafaH
zs"l is that we can have haircut on Erev Shabbat, as was our
tradition for thousands of years.
Not to mention that this coming Friday is Rosh Chodesh.....which is
considered as Yom Tov...
In Hilkhot Talmud Torah 1.11, the Rambam writes the following about gemara:
11. "A person is required to divide his study time in three: one-third in written Torah, one-third in Oral Torah, and one-third he should reflect and understand the conclusion of a thing from its initial premises, and infer one thing from another, and compare one thing to another, and understand the principles by which the Torah is expounded, until he knows the essence of these rules and how to derive what is forbidden and what is permitted and the like from those things that are learned by tradition. And this subject is called TALMUD"
יג [י] עד אימתיי חייב אדם ללמוד תורה--עד יום מותו, שנאמר "ופן יסורו מלבבך, כול, ימי חייך" (דברים ד,ט); וכל זמן שלא יעסוק בלימוד, הוא שוכח. [יא] וחייב לשלש את זמן למידתו: שליש בתורה שבכתב; ושליש בתורה שבעל פה; ושליש יבין וישכיל אחרית דבר מראשיתו, ויוציא דבר מדבר, וידמה דבר לדבר, וידין במידות שהתורה נדרשת בהן עד שיידע היאך הוא עיקר המידות והיאך יוציא האסור והמותר וכיוצא בהן מדברים שלמד מפי השמועה--ועניין זה, הוא הנקרא תלמוד.
About this, Morenu writes:
"Gamara" in the context of Laws of Torah Study 1,10-12 is NOT a book to be read...but your own thinking about the Oral Law materials (whether Mishnah, or Bavli, or Mishneh Torah in the 2nd third). And there is no fixed amount of the 1/3 reading Hebrew Bible, 1/3 reading Oral Law texts, and 1/3 THINKING about the readings and making all of it fit together and make sense in a virtual encyclopedia inside the student's mind. If he learns 1 hour a day, then 20 minutes for each; if he learns 9 hours a day, then 3 hours for each. Got it now? This is very important, but hardly anybody seems to grasp it right.
However, one is required (right now) to correctly follow the commandments. For a number of reasons, most individuals (even in RMb"M's time) could not accurately deduce the law from studying the Oral Law (alone).
However, normal, healthy, and serious individuals with proper discipline and guidance have the ability to master the entire Halakhah, using the Hebrew Bible and the RMb"M’s Mishneh Torah alone—without any other source, outside of any formal rabbinical training or yeshiva program. This is the very purpose for which the book Mishneh Torah was written.
Regarding the ability to
learn, Morenu writes:
Those who
(just) learn Bavli - without all the earlier and basic Israeli texts (Mishnah,
Tosefta, Mekhiltot, Sifra, Sifrey, and Yerushalmi) are simply FOOLING
themselves (in terms of understanding it). Bavli was written in the context
of the earlier works - just as it was written in the context of the TN"K.
They often bring (only) short phrases, referring to the whole of the matter
in the earlier work, whether TN"K or Israeli works, and they MEAN the whole
matter in its whole context -- not just these words taken out of context.
Thus, almost no one today has any idea what they are reading in the Bavli,
as they jump into the Bavli without the foundations. It is like studying
integral calculus without learning arithmetic, algebra, and trig.
Should or must one withhold the recitation of TaHanun on a major Gentile Holiday (like the American 4th of July or Thanksgiving)?
Hakhum Lopez answers: If so, they should not put Tefilin - no? It's true that S&P where fighting in American Revolution. People like Gershom Mendes Seixas and Hakham Sabato Morais, but it doesn't change the fact that there's no Halakhic ground for such a thing - unless, the government is pressuring you to it. But even though, tehinót is to be personal and private, even when made with the qahal. This sounds a little like changing the tefilót for rain, when we change from hemispheres. It happened in Brazil, when the first S&P moved there.
They asked a ribi in Europe about that. Of course, the answer was negative, i e, they could not change the blessings.
| QUESTION: Is mixed dancing permitted during the wedding celebration? ANSWER: In today's times, it would be dishonest to address this question outside of the broader context of other, related commandments. Whether or not a technical prohibition exists is insignificant, in light of the great number of related commandments that are almost always violated in modern touch (or non-touch) dancing. For one thing, direct physical contact with any adult woman (except for one's wife during Tahara, one's mother and daughter), is a Torah prohibition (Issurei Bi'a 21:1). In addition, in the very next halakha, the Rambam recorded the following: "It is forbidden for a person to make motions with his hands or feet or wink with his eyes to one of the arayot (this applies to any women - as shown in the next halakha), to share mirth with her or to act frivolously. It is even forbidden to smell her perfume or gaze at her beauty. A person who performs any of these acts intentionally should be given stripes for rebellious conduct. A person who looks at even a small finger of a women with the intent of deriving pleasure is considered as if he looked at her genitalia. It is even forbidden to hear the voice of a women forbidden as an ervah or to see her hair."That being said, we can certainly say that (touch) dancing with women (who are not one's wife during taharah, one's mother, or daughter), produces a liability and subsequent whipping. In light of the above verses from the Mishneh Torah, a technical argument, in favor of non-touch dancing (in today's times), suggests either deliriousness, blindness, deafness and no sense of smell! This is NOT the same as shopping at the local super market. The last time I checked, very few men simultaneously have all of these conditions. I suspect that most who make the "technically permitted" argument have never been to wedding celebrations (even many so called religious one) in the USA. http://www.mechon-mamre.org/i/5121.htm#6 הלכות איסורי ביאה פרק כאו המחבק אחת מן העריות שאין ליבו של אדם נוקפו עליהן, או שנישק אחת מהן--כגון אחותו הגדולה, ואחות אימו, וכיוצא בהן--אף על פי שאין שם תאווה ולא הנאה כלל, הרי זה מגונה ביותר. ודבר זה אסור הוא, ומעשה טיפשים הוא--שאין קרבין לערווה כלל, בין גדולה בין קטנה: חוץ מהאם לבנה, והאב לבתו. So while there may be
no technical restriction (for non-contact, mixed dancing), it is impossible
(in my opinion) in today's times for ANY man to avoid violating a myriad of
"related" prohibitions in the majority of mixed-dance situations. The nature
of today's modern-dance celebration is specifically designed to express the
very things we are commanded to avoid, in terms of desire. By the way, hugging your sister or aunt is
forbidden - whether it excites you or not! While mixed dancing is different than gazing at women with lust (which is prohibited), the two are clearly related (in today's times). While the problem of gazing at women with lust can happen anywhere, including the street, restaurants, class rooms, etc., dancing in close proximity (for long periods of time) tempts the greatest of men. Even the rabbis of the Gamara struggled with these related issues. While speaking about a very specific incidence of touch-dancing with the bride herself, the following episode appears in Ketubot 17a: ""R. AHa would place the bride upon his shoulders and dance (to apparently bring her joy and endear her to the bridegroom). The rabbis asked him, "May we do such a thing? and he responded, "If the bride is in your eyes like a wooden plank, you may, but otherwise not." Rav Shmuel bar NaHmeni said in the name of R. YoHanan, one week following the wedding, to endear her to her husband, but this is not the law." To repeat, the final codified halakha was against this practice. Separate Cities? There is NO general commandment to build separate cities, restaurants, and class rooms for males and females, and one simply must control oneself whether talking on the phone with another's wife (your child's school teacher) or dealing with a clerk in a Jewish bookstore. One who has no self-control, just must avoid such scenes. If mixed dancing excites you sexually just to view it, then you must go home where you are only drawn to your wife, who is permitted to you. And if one sexually enjoys just talking with a clerk or kindergarten teacher or whatever - face to face or on the phone - it is also forbidden: though just rabbinically. If mixed dancing excites you (sexually) just to view it, then you must go home where you are only drawn to your wife, who is permitted to you. By the way, a woman who enjoys such things is no less guilty than a man.Last Point One last point: The Law is what it is. If you go to some place where something is being done that is troubling to you, YOU personally may be required to leave without the people there being necessarily wrong, though it is quite possible that some of the couples are not of a man with his mother, wife, or daughter in the case of the weddings in question. Is it prohibited to be in a place where some people sin? Where on Earth would you go, if that is so? Long long ago, I asked my rav of the time whether it is permitted for me to go to concerts where women sing, and he said "as long as you are not sexually excited, then you may listen; but if you find yourself stimulated, LEAVE!" No, he did not say that it is forbidden for women to make music before men, nor did he say that it is forbidden for me to to go to such concerts, but that I must leave ONLY WHEN AND IF it bothers ME! Now, it is possible that you may have to leave many (or all) weddings in the US. Frankly, I hardly ever go to weddings here, even where there are walls between the men and women and men dance with men and women with women. I have more interesting things to do than attend weddings. But this is a matter of personal taste. It is not a matter of Law (that is Torah or rabbinical legislation). That is my humble opinion, for what it is worth.
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Can the Yemenite Shofar be Used on Rosh HaShanah or Yom Kipur? Two different answers: 1- RAMBAM OPINION:
Rabbi Michael bar Ron answers as follows:
Kudu is a type of antelope -- that being the taxonomical denomination for herbivores that do NOT fall under the classification of "keves", "`ez", etc. As it is written in the Hebrew wikipedia article on antelope:
המונח "אנטילופה" מתאר את כל בני משפחת הפריים שאינם נופלים תחת הקטגוריות
עיזים,
כבשים או
בקר, אך ההגדרה משתנה בקלות וישנם יוצאים מן הכלל.
The ibex is simply a "יעל" in
Hebrew --a species of wild goat specifically mentioned in by
hhaza"l. They would blow its horn in the Beth ha-miqdash (see the Mishnah
in Rosh haShanah 3:3-4[4-5]). That excludes it from being the "keves"
mentioned by Rabbenu.
It is not only our opinion --but generally
known among Yemenite zeqenim-- that such shofaroth are NOT kasher
according to RaMBaM; that they do NOT fall under the category of "keves".
Such shofaroth apparently represent an ancient
opinion other than Rabbenu's, and we relate to them as utterly PASSUL for
"teqi`oth shofar" on Rosh haShanah.
2- YEMENITE OPINION: From rabbi Rasabi & r. QafaH: "In Yemen, the custom was to make use of other horns, and not only that of the ram (the male sheep). Some would use the horn of the wild goat (Walia ibex) on Rosh Hashana, while others made use of the long, spiraling horn of the kudu antelope because of its deep, reverberating sound. Still, others were apprehensive about the words of RMb"M, and would blow only the ram's horn during the required blasts on that day, but at the end of making the required blasts, they would take out the kudu horn and blow it too, in remembrance of their former practice. (The practice to make use of any horn, except that of a cow, is an old teaching brought down in the Mishnah, Rosh Hashana 3:2, viz., that all shofars are valid except that of a cow.) " Yemenite conclusion: Thus, ALL horns are valid, except that of a cow. This would, by definition, include the acceptability of the kudu horn, and the walia ibex horn, both of which were often used in Yemen.
Pets: Don't Buy One Until You Read This ! *According to the Mishneh Torah: Hilchot Issurei Bi'ah: 16:7-13 (Translation is my own - below): ז [י] אסור להפסיד אברי הזרע--בין באדם בין בבהמה חיה ועוף, אחד טמאים ואחד טהורים, בין בארץ בין בחוצה לארץ: אף על פי שנאמר "ובארצכם, לא תעשו" (ויקרא כב,כד), מפי השמועה למדו שדבר זה נוהג בכל מקום; ועניין הכתוב, כלומר לא יעשה זאת בישראל, בין בגופן בין בגופות אחרים. ח וכל המסרס--לוקה מן התורה, בכל מקום; ואפילו מסרס אחר המסרס, לוקה. [יא] כיצד: הרי שבא וכרת את הגיד, ובא אחר וכרת את הביצים או ניתקן, ובא אחר וכרת את חוטי הביצים, או שבא אחר ומיעך את הגיד, ובא אחר וניתקו, ובא אחר וכרתו--כולן לוקין, ואף על פי שלא סירס האחרון אלא מסורס: בין באדם, בין בבהמה חיה ועוף. והמסרס את הנקבה, בין באדם בין בשאר מינים--פטור. 7: "It is forbidden to damage sexual (seed) organs. This applies to humans, animals, beasts, and fowl, both from pure species and from impure species, in the land of Israel and in the Galuth. Even though it is said in [*Leviticus 22:24]: 'And you shall not do this in your land' - according to the heard (oral law) we learned, this thing is practiced in all places. And the concept teaches not to do this amongst Israel (the Jewish people), not with their own bodies, nor those of others. And all who emasculate - receive lashes from the Torah [ie: a Scriptural punishment] everywhere. Even one who emasculate the (already) emasculated - receives lashes." 8: "A person who emasculates a female - whether a human or other species - is not liable." (although it still appears to be forbidden - just not liable for punishment - depending on how you understand the term "Sexual Organs" in halakha 7 - if you understand this term to refer to both male and female). 13: "It is forbidden to tell (direct) a גוי to emasculate our animal. If the גוי took the animal and emasculated it on his own initiative, it is mutar (permitted). If a Jew acts deceitfully in this context, he should be punished and sell the animal to another Jew. He may sell it to his own son who is past majority, but not to his son who is a minor (below majority), nor may he give it to him."
Do you know where the 'Laws of Dress' for women are mentioned in the Mishneh Torah? I can't locate it. Specifically, I wanted to know about the following:
Covered
to the elbow... There is NO PLACE that specifies those four issues in precise detail; however, we can extrapolate the concepts by studying EARLY Semitic (Jewish) clothing in religious communities that preserved it (throughout history). Most importantly... we know the law, in terms of limitation of showing skin or hair in public. Using these parameters, it iis not too difficult to demonstrate what halachic (legal) clothing should look like. Whether you like the Haredi or not, many of their communities are in line with those requirement. In addition, the clothing worn by women in the Levant can certainly be identified (in many cases) as uniquely JEWISH garments (ie: not Arabic or Persian). Thus, they should be regarded as very ancient, surviving examples of modest clothing. A woman from the Torah is not allowed to wear men's clothes, according to the customs of the place/time, but pants were worn in Yemen by women only, not men! In the US, women wear pants for many decades, but most (you have your eyes to help you here) probably wear pants cut differently than the cuts for men (aside from the unisex and gay movements). See the 'Laws of Idolatry' 12,11. Also, you can study the Laws of Marriage 24,8 (and the following) for rules that are the basis for divorce - without any ketubbah rights - that detail some specifics on dress. Some are partly absolute and partly dependent on local custom! And see 'Laws of Forbidden Sexual Relations' 21,17 for a bit more (including head coverings for UNMARRIED WOMEN as well as married women, which includes girls 3 up, of course, which is ignored these days by all including Ultra-Orthodox).
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Waiting Times Bewteen Cholev u Basar...Is it true that Temanim only wait 5 hours (not six) between them?
The RMb"M says "כשש שעות" which means approximatly 6 hours (~6), there are Poskim that says that it means 5+. I have heard that Mori Yosef said it means to be close to the end of six (>= 5 1/2 hours). but as i was told (that he said ) don't check by minutes.[Makbili, Yohai [BWIIL]
Shemeryahu's view:
Yesh nohaghim: Some have the tradition -
this to me implies either something
Shami/Rasabi/Sharabi/Mahari"Sthat found its way into the sidur, *or*
something that some Bladhiyim accepted as a form of stricture.
Nohaghu: Our tradition - this is just what it says, a Baladhi tradition
(should we assume this to mean Dor De`ah) --
[Site Admin.'s comments: see below for Pinhas's opinion which demonstrates the
limitations of this term--I.E. 'nohagu' does not always represent what is found
in the oldest Tikhlal.]
Nohaghim: Traditions - I believe this speaks of common Temani ones, since
every other edah has common traditions and differing ones, why would we be
any exception?
The Siah Machzor (Yom Kippur) had no indications that Teimanim actually bowed at the saying of "Baruch Shem...." during the reading of the Avodat Kohen Gadol. Again, all these itty-bitty details have to be checked one by one either with the Mishne Torah or a Rav. bowed the first two times, but not the last times. Right or Wrong? I have no idea. Gotta learn a heck of a lot more. I cannot say that I am in complete agreement with your and Friend's assessments of the "nohagim" and "nahagu" that are sprinkled throughout the siddur. They show up preceding things that for certain are additions to the davening. Again, this truly requires going through the siddur page by page with someone who really "knows"-and I mean KNOWS- what in the world Baladi Teimanim do. I can say one thing for certain: R' QafaH uses the word "Omrim" where there is no doubt as to what has to be said al pi Baladi. In the main siddur on page koof-yud-zayin, R' QafaH uses the language "V'nahagu bizmanim elu lomar piyut zeh" (And the custom in these times is to say this piyut) right before L'cha Dodi. But if you read his Seder Kabalat Shabat on page koof-zayin, point Heh says clearly that in the early tiklalim there was no Kabalat Shabat! To translate "nahagu or nohagu" as "OUR tradition" is risky at best, outright incorrect at worst. You might then end up saying L'cha Dodi by mistake. Yes, it is all confusing. My best guess is that even with all the introductory sayings R' QafaH put into the siddur (all the "nohagims" and "nohagus"), the true Baladi seder tefilah is still not clear to one who either (1) did/does not daven at a pure Baladi shul, or (2) has not digested the depths of the QafaH Mishne Torah. I think that all of the "nohagims" and "nohagus" still apply to those who daven either Shami or some variants of Shami or Baladi. Despite what I think, however, I still have every intention of getting to the bottom of it all ASAP, b"n.
Regarding the "Nusach" of the siddur and all "Kevar nahagu" comments - as you know , Rabbi Aroussi was in New York (he left yesterday) and I asked him your question. He had only 2 minutes for me and this is what he said to me:
1) All the additions to the original "tiklal" were done hundreds of years ago and EVEN MORI YICHYE Qafech AGREED to them. I'm not discussing here the reasons..
.2) All "Kvar nahagu" comments in "Siach Yerushalaim" were old comments that appeared in the first siddur that Mori Yoseph Gafech edited 50 years ago - "Shivat Tzion"
I have one comment about the "tiklal" that mentioned in your email numerous times. This is MY UNDERSTANDING - 1) there were many versions of the "ORIGINAL" "tiklal". The most famous were a) Maharitz, b)R' Yichye Wanna, c)R' Yichye Beshari,d) R' Shalom Shabazi. None of them was Shammie - they all were versions of the original Baladi.
More on the differences between the Shami Nusahh and the Baladi Nusahh at http://www.chayas.com/tamir.htm
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Modesty Overview: VERY Brief Summary
"Behold you are consecrated to me according to the laws of Moses and Yisrael" - Hari at mekudeshet le c'dat Moshe v'Yisrael
The following takes into account all relevant Oral and written Torah:
1- Dath Moshe (Torah law) / The following are prohibited by the written Torah:
No see-through clothes
Hair covered completely around other men
Only face hands and feet showing bare flesh
No shape of body discernable except head and arms and feet
Flesh of forearms may be exposed (see dath yuhudhith)
Can not go out into shuq [marketplace] with hair of her head was exposed
No vows or oaths and she doesn't uphold them
No using bed when she is in nidda (she must purify herself after her monthly period)
Must separate Halla
Must not feed her husband forbidden things. There is no need
to mention various crawling creatures and animals that weren't properly
slaughtered (since this is understood). Rather, [even] things that are
not tithed........."
Mishne Torah: sephar qadhushsha: hilakhoth 'issure bi'a 21:17
"The Daughters of yisra'el should not walk with their heads uncovered in a marketplace, whether she is available (for marriage) or whether she is married."
2- Dath Yuhudhith (Binding Jewish Traditions - eventually ratified by Sanhedrin): Prohibited by the Great Court (w/ Mosaic succession)
Dat Yehudith are practices that the Sanhedrin made binding (ratified) - either after deciding that such practices fortified the Jewish people in the observance of the Tora or after seeing that the majority of the Jewish people themselves had already voluntarily taken on certain practices - which the Sanhedrin determined were beneficial, and therefore made them officially binding as halakha. The concept of "current practice" does not nullify these minimum standards.
Flesh of forearms must be covered
Married women must cover their hair covering with an additional covering on their head in public
http://www.mechon-mamre.org/i/4124.htm
"What is dat Yehudit? It is the customary norm of modesty to which Jewish women adhere. These are the things which, if she violates them, she goes against dat Yehudit: If she goes out in public or in an alleyway with her head not completely covered and without the veil which women wear, even if her hair is bound in a kerchief [italics added]; if she spins in the market place and wears a flower or something similar on her forehead or on her cheek as do the licentious idolatrous women; or if she spins in the marketplace and reveals her limbs to people; or if she flirts with young men..." Ishut 24:11-12.
All women must cover their hair completely in public
Of course there are other issues like the 5 things required by the Torah for prayer:
One is Kissuy ha`arwa and we of course know that the hair of a woman is `arwa.
Also, one cannot pray in view of `arwa nor recite divre qadhushsha in view of `arwa nor view `arwa while wearing taphillin.
If the community standard is above the minimum, than it must be followed - while there. I think this comes from the “don’t do different from the legitimate custom of the community in front of them” principle.
Also, gender segregation is a basic principle of modesty.
Article In PROCESS
Basic rules of modesty for a Jewish woman are the following:
Of course, the clothes a woman wears may not be the clothes of a man.
In public and in front of men other than her husband a Jewish woman should dress modestly.
A woman should also dress modestly when she prays, but I am not going into the specifics
Of required dress for prayer here.
The following is according to dath mosha (Torah Law) except when it is stated to be dath yuhudhith (Rabbinic Law):
Only her face, hands and feet may show. For her hands, this includes up to the wrist joint.
To show the forearm is a violation of dath yuhudhith. As part of her face, she may show her neck
Up to the torso. No part of the torso may show (no shoulders, no chest, no back).
For a woman to show in public or in front of a man who is not her husband any part of her torso
is a violation of dath mosha. For women who show their neck, they must be VERY careful
that the boundary of their garment at the base of their neck does not stretch or move
to expose any part of their torso at all (e.g., back, shoulders, or upper chest).
It is preferable for a woman to cover her neck, but it is not required.
A single woman may uncover her hair when she is not in public.
When a single woman is in public, she must cover her hair completely with a miTpaHath.
For a single woman to be in public with hair uncovered is a violation of dath yuhudhith.
For a married woman, she must cover her hair completely with a miTpaHath
Whenever she is in the presence of men other than her husband. When she is in public,
She must cover her completely with a miTpaHath AND ALSO cover her miTpaHath with a radhidh.
If a married woman goes out in public covering her hair only With a miTpaHath and not covering
her miTpaHath with a radhidh, she is violating dath yuhudhith.
When a woman is in her home, she must wear underpants (these are worn against the skin
And extend to cover the calves of the legs) under her outer garment. This is a Rabbinic Law.
It is preferable for a woman to wear this undergarment even when she is not at home, but it is not required.
The clothes a woman wears may not allow any other man who views her to be able to discern the shape
Of any portion of her body except the following: feet (includes ankles), head (includes neck), arms (includes hands(includes wrists)).
Thus , one should not be able to see any shape of bosom, hips, legs (excluding feet (includes ankles)), buttocks, etc…
Wearing clothes that are not loose enough to hide the shape of the body (excluding head, arms, and feet)
Is a violation of dath mosha.
For a woman to show in public or in front of a man who is not her husband any part of her leg
Aside from the feet (includes ankles like hands includes wrists) is a violation of dath mosha.
Wearing a wig as a miTpaHath is a violation of mar’ath `ayin.
A married woman shaving her head is a violation of her marriage.
None of the clothes a woman wears may be transparent or opaque so that one can discern
Through them.
These are some basic halakhic rules of modesty that many Jewish women either don’t know or rebel against,
Especially those calling themselves Modern Orthodox from my experience.
M. Ketubot 7:6
These [women] are divorced and do not receive their ketubah: All who transgress dat Moshe ve-Yehudit. What is dat Moshe? If she feeds him untithed foods, has intercourse while niddah, does not separate the dough, and vows and does not fulfill her vow. What is dat Yehudit? If she goes out and her head is uncovered, if she spins in the market, or if she talks with strange men.
The conclusion of the Gemara is that overet al dat may be grounds for
divorce, but a husband is not obligated to divorce his wife for these
behaviors and can choose to remain married to her.
Zero’oteha megulot is the same regarding Keri’at Shema as it is
regarding Dat Yehudit, the binding customs of modest Jewish women.
Ketubot 72b,
In Ketubot 72b, “R. Yehuda said that Shemuel said, ‘[Dat Yehudit is violated] if she displays her upper arms to people.’” And in Gittin 90a
This is characteristic of a bad person: he sees his wife going out with uncovered head, and she knits in the market place and [her dress is] open (u-feruma) on both sides . . . [and doesn’t remonstrate with her].
THE END