Hat, Shirt, Belt, Pants - Tetzaveh 5772

I would like to start with a Dvar Halacha. As you know, the main part of this week's Parsha are the Bigdei Kehuna. The four Begadim that the Kohen Hedyot wore and the eight worn by the Kohen Gadol. It is not well known, however, there is a Siman in Shulchan Aruch in Hilchos Tefilla Siman 91 that talks about what a person has to wear at the time that he Davens. All of the four Bigdei Kehunah the pants, shirt, belt, and hat are mentioned there in the Shulchan Aruch. There are some things that might be a surprise to you as a matter of fact and as a matter of Halacha. The fact that a person has to be wearing pants when he is Davening because one cannot be undressed from the waist down is obvious to all.

What about someone who is wearing pants but is bare-chested? It could happen. Someone could go swimming in camp and get locked into the swimming pool by accident and he is left in a bathing suit and it is time to Daven Mincha, is one allowed to Daven without a shirt. The Biur Halacha in Siman 91 says a Chiddush, he says even though if one would Daven without a shirt B'dieved he would be Yotzeh but if someone is stuck without a shirt, without a Kesones, it would be better for him not to Daven and he should Daven Tashlumin in the next Shemone Esrei because just as one has to wear pants during Davening one has to wear a shirt.

The Shulchan Aruch in Siman 91 also says that one has to wear a belt. Not as most people think to make a separation between the Leiv and Ervah (because there has to be a separation between the heart and lower part of the body), for that wearing pants is adequate. The Mechabeir actually says that a person has to wear a belt during Davening. That is like the Avneit that was worn in the Mishkan, in the Bais Hamikdash. The Biyur Halacha brings a Yeish Omrim that someone who generally goes without a belt doesn't have to wear one during Davening either. However, someone who usually wears a belt it is a Halacha in Shulchan Aruch that a person has to wear a belt at the time that he Davens as well. Although here if one does not have a belt one would Daven anyway.

As far as a hat during Davening a lot of the world relies that a Yarmulka is adequate. Although it is interesting to point out that the Mishna Berura in 91:12 actually says that a Yarmulka is not adequate and that one should have a hat on top of the Yarmulka at the time that he Davens. In that way you are wearing all the four Bigdei Kehunah, a shirt, pants, belt, and a hat at the time you Daven. Since Davening is an Avodah it makes sense that it would be very similar and have similar Halachos. So that is a Halacha that is related to this week's Parsha that is Nogea to all of us.

A Minyan With A Non-Frum Participant - Emor 5773

What is the source for Minyan? The idea of Minyan needing 10 people. Believe it or not its Mekor is in this week's Parsha. We read in the Parsha as it says in 22:32 (וְלֹא תְחַלְּלוּ, אֶת-שֵׁם קָדְשִׁי, וְנִקְדַּשְׁתִּי, בְּתוֹךְ בְּנֵי יִשְׂרָאֵל) we have the Mitzvah of Kiddush Hashem. To be Mikadeish Hashem B'soch B'nei Yisroel. How many people is B'soch B'nei Yisroel? It doesn't say. We know that there is an idea of Kiddush Hashem B'farhesia, a public Kiddush Hashem. But how many people make it into something public? The Gemara in Maseches Sanhedrin 74b  says (וכמה פרהסיא אמר ר' יעקב אמר רבי יוחנן אין פרהסיא פחותה מעשרה בני אדם פשיטא ישראלים בעינן דכתיב ונקדשתי בתוך בני ישראל בעי רבי ירמיה תשעה ישראל ונכרי אחד מהו תא שמע דתני רב ינאי אחוה דרבי חייא בר אבא אתיא תוך תוך כתיב הכא ונקדשתי בתוך בני ישראל וכתיב התם הבדלו מתוך העדה הזאת מה להלן עשרה וכולהו ישראל אף כאן עשרה וכולהו ישראל) and learns through a two-step Limud from Korach and then the Miraglim that just like the Miraglim in the case of the sinners of the Miraglim were 10 so too the same thing here you need 10 people to make a Minyan B'farhesya. So this is the idea that we have Minyan being 10. That is in regard to being Mikadeish Sheim Shamayim B'rabim. The Gemara in Maseches Berachos 21b says (וכן אמר רב אדא בר אהבה מנין שאין היחיד אומר קדושה שנאמר ונקדשתי בתוך בני ישראל כל דבר שבקדושה לא יהא פחות מעשרה מאי משמע דתני רבנאי אחוה דרבי חייא בר אבא אתיא תוך תוך כתיב הכא ונקדשתי בתוך בני ישראל וכתיב התם הבדלו מתוך העדה הזאת (עי' מסורת הש"ס) מה להלן עשרה אף כאן עשרה) and extends this to the idea of Minyan in Davening. So that this is the source of Minyan Asara.

Rav Moshe has a number of Teshuvos regarding the following Shaila and these Teshuvos have to do with the source of Minyan as we have explained. Rav Moshe was asked whether someone who is a Michaleil Shabbos (a Mumar) can count towards the 10 people of Minyan or do you have to have 10 people who are Shomrei Shabbos, who are religious people. Rav Moshe says let's look at the Gemara. The Gemara says that we learn Minyan from the Miraglim and the Gemara goes on to say that maybe the non-Jew should count towards Minyan (in Sanhedrin 74b). Maybe a non-Jew should count towards Minyan. The Gemara responds that it is not so as you need similar to the Miraglim from whom we are learning. The same thing here and therefore, a non-Jew does not count towards Minyan. Says Rav Moshe, so the Gemara is saying that non-Jews don't count towards Minyan. The Miraglim were Reshaim and yet they are counted towards the 10. The Gemara says Dumya D'miraglim. Therefore, a Mumar, someone who is not a Frum person still could count towards Minyan. This is Rav Moshe's Psak.

Although Rav Moshe stresses that when you are making a Minyan in this manner you should not say Chazaras Hashatz. That is, it is enough to be Maikil on this Kula to say Kaddish and Barchu. But to make an extra 19 Berachos not. Therefore, say what we call a short Shemoneh Esrei when counting a non Frum person towards a Minyan. This is Rav Moshe's Psak based on this Limud.

It is interesting that in the second Igros Moshe Orach Chaim, that Rav Moshe was challenged. He was challenged by a questioner who brought to him the Psak of Rav Moshe Rosen who said that a non Frum person doesn't count towards Minyan for Mussaf because you don't accept Korbanos from people who are not Frum. The Minyan towards Korban Mussaf can't be counted if a Frei person is part of the 10. Rav Moshe responds that on the contrary from Rav Moshe Rosen's Psak regarding Mussaf we see that otherwise he would hold that a non Frum person does count towards Minyan. It is only Mussaf that has a Din of Korbanos that are not brought from a Mumar, there a Mumar doesn't count. But otherwise he does count.

Rav Moshe has a third letter in Cheilek Gimmel. There someone challenged Rav Moshe from the Shela Hakadosh who said that the Miraglim were Tzaddikim. If they were Tzaddikin then we can't learn from there to count towards Minyan even a Rasha. To that Rav Moshe essentially responds that that is not Pashut Pshat. Pashut Pshat when you read the Chumash is that the Miraglim were Reshaim. If they had done Teshuva HKB"H would not have punished them because Teshuva works for an Onesh Bidai Shamayim. Thereofore, Rav Moshe stands by his Shitta that a person who is not Frum can still count towards Minyan. I should mention that there is a Teshuva in the Divrei Chaim who disagrees with this Psak who holds that a non Frum person does not count towards Minyan. Either way, my point is that this is a Limud from this week's Parsha.

Where Does The Shira End? - Beshalach 5770

15:18- 15:19 יח  יְרוָר יִמְלֹךְ, לְעֹלָם וָעֶד. יט  כִּי בָא סוּס פַּרְעֹה בְּרִכְבּוֹ וּבְפָרָשָׁיו, בַּיָּם, וַיָּשֶׁב יְרוָר עֲלֵהֶם אֶת-מֵי הַיָּם וּבְנֵי יִשְׂרָאֵל הָלְכוּ בַיַּבָּשָׁה, בְּתוֹךְ הַיָּם.  If you look in the Siddur you will see that after Hashem Yimloch L’Oilam Va’ed, you will see that Ki Va Sus is in parenthesis. Why is this so? The Mishnah B’rura in Siman 51 says that there is actually a Machlokes Arizal and Gra as to whether one should say it. The Ari’zal says to say it and the Gra says not to say it. The Mashmaois of the Mishna B’rura is to say it like the Ari’zal holds, because the Gra is brought only parenthetically. Typically the Mishna B’rura would hold like the Gra if there is a Machloikes with the Ari’zal.

The Ramban in our Parsha says B’feirush, that the Posuk Ki Va Sus is not part of the Shira. As a matter of fact, the Rabbeinu Bachye says the Shira has 18 P’sukim. If you look in the Parsha 15:1 is Az Yashir and 15:18 is Hashem Yimloch. Posuk 19 is Ki Va Sus. So it seems that the Ramban and Rabbeinu Bachye hold like the Gra that Ki Va Sus is not part of the Shira.

So we need a Hesber as to why we go like the Minhag of the Ari’zal as opposed to these Rishoinim and the Gra.

Rebbi suggested that if you look at our Sifrei Torah that are wriiten Al Pi Mesoira, the Posuk Ki Va Sus is written with the same type of writing as the rest of the Shira. The Mesorah that we have is based on the Mesorah of Teverya which is the Mesorah of writing a Sefer Torah for all Klal Yisrael. That Mesorah is the reason for our Psak to say Ki Va Sus.