From the Ravs Desk: Latest articles and Q&A [Wednesday 24th Kisleiv 5784]

Plag Hamincha. The Shul’s Menorah may only be lit with a blessing from after Plag Hamincha. Thus, if there is an early Minyan of Mincha Gedola, or even Mincha Ketana but before the time of Plag Hamincha, then the candles may not be lit after Mincha until the time of Plag Hamincha arrives. This is the ruling of the Shulchan Aruch, and the Rebbe made sure that in 770 they would be careful in this.

When may or should the Menorah be lit in the Shul? – Shulchanaruchharav.com

The entirety of the Menorah, including its base and flame, is to be between three to ten Tefachim above the ground [24-80cm.]. Accordingly, the Menorah is to be placed on a stool which reaches three Tefachim from the ground. It is not to be placed directly on the floor even if it reaches a height above three Tefachim.

The proper height of the Menorah from the ground – Shulchanaruchharav.com

At home upon your return.

Where to light when eating out on night of Chanukah – Shulchanaruchharav.com

What is the basis and reason behind the ability for one to be Yotzei a Bracha from another?

The basis behind the possibility for one to fulfill a blessing through hearing it said by another person is due to two joint rules: 1) Shomeia Keoneh, which is a rule which states that words which are heard from others are considered as if one has said them himself.^[1] 2) The laws of Areivus or Guarantor, which states that all Jews are guarantors of each other, and hence it ends up that when one Jew is obligated in the saying of a blessing, all Jews who are guarantors are in essence also obligated in making sure that this Jew fulfills his blessing, and hence they can say the blessing on his behalf.^[2]

[1] See Admur 213:3; M”A 213:7

[2] Admur 8:11; 167:23; 197:6; M”A 167:40; Rashi Shavuos 39a; Tosafos Brachos 48b; Rosh Brachos 7:21; Rabbienu Yona Brachos 20a; Sanhedrin 27b

Definition of Birchas Hamitzvos versus Birchas Hanehnin:

Birchas Hamitzvos includes all blessings that are recited prior to the performance of a Mitzvah, such as prior to Tzitzis, Tefillin, Shofar, Sefira, Megillah, Shabbos candles, Chanukah candles, etc. However, Birchas Hamazon, and all blessings a person says before and after consumption of pleasures, are not included in the category of Birchas Hamitzvos but rather than the category of Birchas Hanehnin which follows different, and more stringent, bylaws with regards to the laws of who can be Motzi another.^[1] The blessings of Kiddush of both night and day, [Havdalah], Matzah, are all considered similar to Birchas Hamitzvos with regards to these laws of Motzi Yotzei. This applies both to the blessing of Asher Kidishanu and Hamotzi or Hagafen that is said on behalf of this Mitzvah.^[2] However, the blessing of Hamotzi over Lechem Mishneh on Shabbos and Yom Tov is considered Birchas Hanehnin and not Birchas Hamitzvos.^[3]

[1] Admur 167:23

[2] Admur 167:23; 273:6; 484:1;

[3] Admur 167:23

Can one who is not obligated, or fully obligated in a Mitzvah be Motzi another who is Yotzei?

One who is exempt from a Mitzvah:^[1] One who is exempt from a Mitzvah, such as a child or woman, cannot be Motzi others.^[2] This applies both to the Mitzvah or the blessing of the Mitzvah.

One who is only Rabbinically obligated in the Mitzvah [i.e. Deoraisa versus Chad Derabanon versus Trei Derabanon]:^[3] One can only be Motzi another in a Mitzvah if he is of equal, or greater, level obligation as the person who is being Yotzei with him. Thus, a child who has reached the age of Chinuch, or even the age of Bar or Bas Mitzvah but has yet to be verified to bring two hairs, cannot fulfill the obligation of an adult who is Biblically obligated in the command. Likewise, a woman who is only Rabbinically obligated in a certain Mitzvah cannot fulfill the obligation of a man who is Biblically obligated. Likewise, one who is obligated Rabbinically as a Trei Derabanon cannot be Motzi one who is obligated as a Chad Derabanon.^[4] However, if both are Rabbinically obligated, even though the Rabbinical level obligation is due to different reasons [i.e. each are Chad Derabanon], then they can be Motzi each other.^[5] [Vetzaruch Iyun if this applies only to the Mitzvah, or even to the blessing of the Mitzvah, as the blessings of Mitzvahs are Rabbinical, and hence regarding the blessing they are of equal status.]

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[1] See regarding Tefillin: 37:3; 39:1; See also 55:6; 128:49; See regarding blessings and Birchas Hamazon: 167:23; 186:3; 197:6; 199:9; 213:3 See regarding Kiddush: 271:7; M”A 271:2; M”B 271:3; Rav Poalim 1:10; Kaf Hachaim 271:9; See regarding Havdalah: Admur 296:19; See regarding Shofar: Admur 588:6; Michaber 589:1; See P”M 17 A”A 2; Kaf Hachaim 17:9;

[2] The reason: Since Hashem does not desire this person himself to perform the command, how can he fulfill the command on behalf of others. [Levush 589; Kaf Hachaim 589:2]

[3] See regarding Tefillin: 37:3; 39:1; See also 55:6; 128:49; See regarding Birchas Hamazon: 199:9; See regarding Kiddush: 271:7; M”A 271:2; M”B 271:3; Rav Poalim 1:10; Kaf Hachaim 271:9; See regarding Shofar: Admur 588:6; Michaber 589:1; 9

[4] Admur 186:3 [with exception to Birchas Hamazon; See also Admur 197:6 and the two opinions there regarding Birchas Hamazon]; Degul Merivava 271; Rav Akiva Eiger Teshuvah 7; Derech Hachaim ibid; M”B 271:2; Chayeh Adam 5:23, brought in Shaar Hatziyon 271:2; Shaar Hatziyon 271:2 and 4; Kaf Hachaim 271:9

[5] Admur 186:3 regarding Birchas Hamazon that a woman can fulfill the obligation of a man who ate only a Kezayis; Regarding Kiddush Friday night if adult Daavened Maariv but not child above Bar Mitzvah: Degul Merivava 271; Rav Akiva Eiger Teshuvah 7; Derech Hachaim ibid; M”B 271:2; Chayeh Adam 5:23, brought in Shaar Hatziyon 271:2; Shaar Hatziyon 271:2 and 4; Kaf Hachaim 271:9

See whether a child above Chinuch is defined as Chad Derabanon: All Poskim ibid; Admur ibid that with exception to Birchas Hamazon, he cannot be Motzi adult even if adult is Chad Derabanon as well.