From the Rav’s Desk:1) Davening near potty; 2) Said Kaddish Tiskabel before Uva Letziyon

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  1. Question: [Wednesday, 24th Mar Cheshvan, 5781]

Is it permitted for one to pray or learn Torah next to a child’s potty? When we travel, we usually bring it with us and place it behind the backseat in the trunk of our SUV. Is it permitted for us to talk words of Torah, listen to a Torah lesson, read Tehillim and the like when it’s there?

 

Answer:

The answer to your question depends on the material that the potty is made from, as well as its positioning in the car. The general consensus amongst the Poskim that if it’s made of plastic it’s not an issue, and so long as it is clean you may pray and learn Torah even if you’re right next to it. Even if one were to be stringent, or if it were to be made of wood or earthenware, it would nonetheless remain valid to pray and learn Torah when it is placed in the back of an SUV behind the backseats, if the backseats go from “wall-to-wall” of the car, as is usually the case, and the back seat is not elevated 24 cm or more from the floor of the car. In all cases, if you want to play it safe, placing it in a plastic bag suffices to escape any issue.

 

Sources: For the general issue of davening or learning next to a potty see: Admur 87:1-2 and 4; Regarding a plastic potty see: Chelkas Yaakov 2:163; Igros Moshe 1:27; Minchas Yitzchak 3:67; Bear Moshe 4:7 Piskeiy Teshuvah 87:1

 

  1. Question: [Wednesday, 24th Mar Cheshvan, 5781]

If the Chazzan accidentally said kadish tiskabel directly after shmoneh esreh instead of after u’va l’tzion, then what is said after u’va l’tzion? 

 

Answer:

In such a case the Chazzan is to say Kaddish Shaleim without Tiskabel after completing Uva Letziyon, just as is done on the night of Purim and Tishe Beav when Kaddish Tiskabel is recited immediately after Shemoneh Esrei and after Ata Kadosh he says Kaddish Shaleim without Tiskabel.

Sources: See Beis Shlomo 1:52; Piskeiy Teshuvos 132 footnote 18; Regarding the night of Purim see: Siddur Admur; M”A 693:1; M”B 693:1; P”M 693 A”A 1; Bigdei Yesha; Siddur Yaavetz; Derech Hachaim; Likkutei Mahrich; Aruch Hashulchan 693:2; Luach Eretz Yisrael [Tukichinsky]

About The Author

Rabbi Yaakov Goldstein is a 6th generation descendent of the famous Chief Rabbi of Izhmir, Rav Yehoshua Avraham Krispin, who authored a number of Sefarim, and was a colleague of Rav Chaim Falagi, and father in-law of the Pesach Hadvir. He currently lives with his wife Shayna, and twelve children K”H, in Tzfas, Israel. Rabbi Goldstein received Semicha from Rabbi Schneur Zalman Labkowski of the Tomchei Temimim headquarters in 2005 and served as a chaplain in the Lotar/Kalatz and K9 unit of the IDF from years 2005-2008. He is also a certified Shochet, and has performed Hashgacha work in slaughterhouses. Rabbi Goldstein is the director of Shulchanaruchharav.com, the world’s leading web-based Halacha database, and is the director of the Home Study Semicha Program, a self-study web-based Semicha program. He is a prolific author of over 50 Sefarim studied by a wide range of readers throughout the world, which is used regularly in Semicha programs around the globe. He is a world renowned Posek, answering questions to a web-based market, and serves as a local Posek, Rav, and Lecturer, in the Tzemach Tzedek community Shul in Tzefas, Israel. His many classes can be heard both from his website, Vimeo and YouTube channel. Students can join live to classes given in the Tzemach Tzedek Shul, through the “בית חבד צפת Chabad Tsfat” YouTube channel.

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