From the Rav’s Desk: 1) Lost Minyan during Keria; 2) Pouring a second serving from hot water urn on Shabbos

1. Question: [Motzei Shabbos, 26^th Teves 5781]

What is the law if in the middle of Kerias Hatorah one realizes that he has lost the Minyan? We had exactly 10 for our minyan and evidently somebody got up and left.

Answer:

In such a case, you simply continue Kerias Hatorah as usual even though you no longer have a minyan. All the regular Aliyos are to continue to be called up and say blessings before and after. However, once you reach Maftir, then you either have to find a tenth man, or you cannot call someone up for Maftir and rather the person who was called up for the seventh Aliyah is to then read the Haftorah without its blessings. Either way, the half Kaddish is to be recited immediately after the seventh Aliyah, as is always done, even if one still does not have a Minyan. If the seventh matter who was called up does not know how to read the Haftorah, then anyone may read it out loud, without its blessings.

Explanation: Just as we have a ruling regarding Davening that once the Chazan has begun Shemoneh Esrei for Chazras Hashatz then he may complete it even if they lose the minyan in the middle, the same applies regarding the Torah reading, that once the first Aliyah has said his blessings then the reading may continue until the very end even if the 10^th man leaves in the middle. Now, regarding the saying of the half Kaddish, although this matter is debated amongst the Poskim, nonetheless we Ashkenazim conclude that it is to be said.

Sources: Michaber 143:1; M”A 143:1; Shaareiy Efraim 7:38; P”M 143 A”A 1; Derech Hachaim; Tehila Ledavid 282:18; M”B 143:4 and 6; Biur Halacha 143:1 “Veyatzu” that so rule all Achronim; Ketzos Hashulchan 25:14; 84:12; Kaf Hachaim 143:8; See Machatzis Hashekel ibid; Yabia Omer 7:20; See Piskeiy Teshuvos 143:2; See Admur 55:3 regarding Davening; See regarding the half Kaddish: Shaareiy Efraim 7:38; M”B 143:6; Ketzos Hashulchan ibid; Piskeiy Teshuvos ibid [all rule to recite] Birkeiy Yosef 143:1; Kaf Hachaim 143:5; Yabia Omer 7:20 [all rule to omit] For further details, see our corresponding Sefer “the laws of Kerias Hatorah” chapter 1 Halacha 3C!

2. Question: [Motzei Shabbos, 26^th Teves 5781]

I have a general question that comes up on Shabbos every so often that I would like to know. Am I allowed to pour directly from the hot water urn on Shabbos into a cup of hot water that I had previously taken out of that same urn? For example, if I made myself a Tea in a Keli Shelishi, and the Tea is no longer hot, can I add more hot water to it directly from the urn or must I use a Keli Sheiyni. Also, regarding soup, I have the same question, regarding if I can pour myself a second serving even though there still some broth left in my original bowl.

Answer:

Adding more water from the urn into a cup of plain hot/warm water: For Ashkenazim, it is permitted to add more hot water directly from the urn into a cup of water that one had removed from that urn, so long as the water that has remained in the cup is still somewhat warm to the point it would still be served as a warm drink. In such a case it is permitted to add more water even if one had poured the water into a second or third vessel. Furthermore, according to some Poskim, it is even permitted for Ashkenazim to add more water directly from the urn into the cup even if the water has cooled off completely, although one who is stringent is blessed. However, according to Sephardim, some Poskim rule that it is always forbidden to add anymore hot water directly from the urn into the cup even if the water is still Yad Soledes being that the water has been moved into a second vessel [Keli Sheiyni] and is thus considered as if it is cold according to their opinion. All the more so would it be forbidden for them to do so if the water is no longer Yad Soledes.

Adding more water from the urn into a cup of tea: Even according to Ashkenazim, it would be forbidden to add more hot water directly from the urn into the cup of tea, even if the water is still very hot, being that the tea itself has not yet been cooked, and was made using a Iruiy Keli Sheiyni or Keli Shelishi, and hence now when one comes to add more hot water to it directly from the urn this is considered Iruiy Keli Rishon which has ability to now cook the tea.  Now, even if one were to remove the teabag before adding more hot water to it, it would seem that it would still be forbidden to add hot water directly from the urn, being that the particles from the teabag that have now entered into the water and turned it into tea would still have a cooking prohibition. Vetzaruch Iyun.

Adding a second serving of soup: This follows the same ruling as adding more hot water directly from the urn into a cup of plain hot/warm water, and hence so long as the soup is still lukewarm, Ashkenazim may add a second serving directly into it, and even if the liquid has already fully cooled off, those Ashkenazim who are lenient have upon whom to rely, although one who is stringent to first wash and dry the bowl, or take a new bowl, is blessed. Sephardim, however, must take a new bowl, or wash and dry the previous bowl, in all cases.

Explanation: There is a debate between the Ashkenazi and Sephardi Poskim regarding if we apply the rule of cooking after cooking by liquids that are no longer Yad Soledes, with the Sephardim being stringent to consider it a Biblical prohibition, and the Ashkenazim being lenient so long as the liquid is not fully cool down. Now, regarding if liquid that is in a Keli Sheiyni is Halachically considered cold even though its temperature is still hot, some Poskim rule that it is to be treated as if it is cold. However, this stringency only applies for the Sephardim, while for Ashkenazim we view it as hot so long as the temperature has not cooled off. Now, regarding if Ashkenazim are stringent by fully cooled off liquid even by Iruiy Keli Rishon, or only by a Keli Rishon, this matter is debated amongst the Poskim and the Tzemach Tzedek and Ketzos Hashulchan conclude that one may be lenient although one who is stringent is blessed.

Sources: Regarding the dispute if we apply Bishul Achar Bishul Bedavar Lach, see: Admur 318:9; Michaber 318:4; Rama 318:15; Regarding the status of a Keli Sheiyni in this regard and if we consider is as cold, see: P”M 318 A”A 12; Biur Halacha 318 “Im”; Iglei Tal Bishul 11-8; Admur 253:14 [invalidates Mimeicham Limeicham only because of Michzi Kimivashel and not because of Bishul Achar Bishul]; Shabbos 38b; Shaareiy Tziyon 253:47; Piskeiy Teshuvos 318 footnote 227; Shabbos Kehalacha pages 365-356 [writes is permitted even for Sephardim!];  Regarding if we apply this stringency of Bishul Achar Bishul Bedavar Lach even by Iruiy Keli Rishon, see: Tzemach Tzedek Mishnayos Shabbos 3, brought in Ketzos Hashulchan ibid footnote 31; Ketzos Hashulchan 124:12; Shevisas Hashabbos Hakdama Mivashel 19; Or Letziyon 2:30-10; Beis Meir brought in Biur Halacha “Vehu” that those who are lenient do not need to be protested; Igros Moshe 4:74 Bishul 18; Piskeiy Teshuvos 318:51; See the following Poskim that one may always pour liquid of a Keli Rishon onto water, even if not cooked: Admur 318:20; Taz 318:18; Tosafos Pesachim 40b; Tur 318; Rashba, Ran and Rif on Shabbos 20a; Elya Raba Y.D. 68; Peri Megadim Yoreh Deah 68; Iglei Tal Ofeh 29; Tzemach Tzedek Mishnayos Shabbos 3:5, brought in Ketzos Hashulchan 124:12 footnote 31, and Tehilah Ledavid 318, in understanding of Michaber/Admur.