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Chapter 7: Liquids forbidden due to Danger & Drinking Hazards

1. Mayim Shenisgalu-Liquids that were left uncovered:[1] [Talmud/Shulchan Aruch]

The letter of the law:[2] Liquids that were left uncovered [without supervision[3] for even a very short amount of time[4]] were forbidden by the Sages to be consumed [or used[5]] due to worry that perhaps a snake drank from it and entered venom into the liquid [and one will come to drink it and die].[6] [Such liquid must be discarded in a way that no benefit can come from it.[7] This prohibition applies to all liquids, including wine.[8] The prohibition applies whether the liquid was left uncovered during the day or during the night.[9] This prohibition applies even if someone already drank from the liquid and came out unscathed.[10] This prohibition applies even in a case of doubt.[11] This prohibition applies no matter how much liquid is in the vessel.[12]]

The custom today: Today that snakes are no longer commonly found amongst us it is permitted to drink liquids that remained uncovered.[13] It is thus no longer accustomed to be careful in this matter.[14] [However, some Poskim[15] rule that even today one is to avoid drinking liquids that were left uncovered.[16] This especially applies at night.[17] Certainly in those areas in which poisonous snakes are commonly found, it is forbidden from the letter of the law even today to drink liquids that were left uncovered.[18] Due to this, some Poskim[19] rule one is to be stringent in this matter in Jerusalem, and Eretz Yisrael, and Egypt, and any area that they are slightly found. In any event, in all cases it is proper to beware from leaving foods and liquids uncovered due to the ants and other insects that can enter them and cause one to stumble in eating them, and due to the fact that rats may eat from it and cause one to transgress Bal Tishaktzu.[20]]

Wine that was left uncovered:[21] Wine that was left uncovered for some time is invalid to be used for Kiddush as explained in the laws of Kiddush, see there.

Summary: It is permitted to drink liquids that were left uncovered unless one is in an area where poisonous snakes are commonly found. Some are accustomed to being stringent against drinking uncovered liquids in all cases. In any event, it is proper to beware to cover the liquids due to insects and the like entering the food.   Q&A May one perform Netilas Yadayim with revealed water [in those places that snakes are commonly found, or according to those who are always stringent]? Is one to cover the Negel Vasser water at night prior to going to sleep?[22] Many opinions[23] rule there is no need to be stringent against washing hands with water that was left revealed overnight. This applies even in an area where snakes are commonly found.[24] However, there are opinions[25] who are stringent and rule one is to avoid washing with revealed waters. Practically, the custom is to be lenient completely even regarding drinking revealed waters, and certainly regarding using it for washing[26], and so is the apparent Chabad custom.[27] There is likewise no problem to wash hands for bread using revealed waters even in areas that snakes are common.[28] May pots on the fire be left uncovered [in areas that snakes are commonly found or according to those who are stringent]?[29] Once the pot has been brought to a boil, or has begun to release steam, it can be left uncovered. May liquids in the fridge or in a closet be left uncovered [in areas that snakes are commonly found or according to those who are stringent]?[30] Yes. What is the law if water that was left uncovered became mixed with other foods/liquids [in areas that snakes are common]?[31] The liquids are not nullified in 60x.

2. Drinking liquids that were stored in metal containers:[32] [Talmud/Shulchan Aruch Harav/Achronim]

One is not to drink beverages mixed with water[33] that have stayed overnight in a metal container or a container made of Neser[34].[35] (It goes without saying that plain water which stayed overnight in a metal container [is forbidden to drink].[36]) [This applies even if the container is closed.[37] This applies even to watered down wine which one desires to use for Kiddush.[38] However, beverages that do not contain water that stayed overnight in a metal container may be drunk.[39] Furthermore, some Poskim[40] rule that the prohibition is only with watered down beverages and not plain water, and plain water may be drunk even if it stayed overnight in a metal container. The Rebbe Maharash however was stringent regarding even plain water, as were Rabbanei Anash of his generation, and he would thus not leave hot water for the Shabbos tea overnight in a metal urn.[41] Practically, the custom today is to no longer be careful in this matter at all, even regarding watered down beverages, and certainly regarding plain water.[42] One may even initially rely on this custom even if he is G-d fearing and a Torah scholar, and is generally particular regarding such matters.[43] There is thus no need to abstain from drinking canned soda or other canned foods with liquid. Likewise, one may leave water overnight in a kettle of electric urn, such as for the sake of Shabbos.]

Summary: The custom is to no longer be careful against leaving liquids overnight in metal containers and there is thus no need to abstain from drinking canned soda or other canned foods with liquid. Likewise, one may leave water overnight in a kettle of electric urn, such as for the sake of Shabbos. Even from Talmudic law, this prohibition only applies to water-based liquids. The following Q&A deal with the Talmudic prohibition: Q&A If the liquid contained a food in it overnight, does the Talmudic prohibition apply? Some suggest that perhaps liquids that had food in it and stayed overnight may be drunk.[44] The Rebbe[45] negates this approach. May the liquid that stayed overnight be used to mix into foods according to the Talmudic prohibition?[46] Perhaps even by liquid that stayed overnight the prohibition is only against drinking the liquid, while it remains permitted to mix it into food. If the liquid remained in a metal container that is attached to the ground overnight, does the Talmudic prohibition apply?[47] The prohibition only applies to liquid which remained in a metal vessel that is detached from the ground, while if it is attached to the ground then the liquid is permitted.[48] [Thus, the prohibition does not apply to water that stayed in pipes overnight.]

Maaseh Shehayah:[49] One Shabbos many guests came to Lubavitch, including many Rabbanim of Anash. On Shabbos morning, Rebbetzin Rivka, the wife of the Rebbe Maharash, offered the Rabbinic guests some tea. When they sat on the table, the worker placed a large copper urn on the table that held the hot water and poured them a cup for them to make themselves tea. The Rabbanim began discussing the Halachic issue with the water, due to the above prohibition mentioned in the Talmud and extended by Admur to apply even to plain water. Nonetheless, they felt obliged to come up with a Halachic explanation to justify its allowance, as if the Rebbe Maharash is drinking it then certainly it must be allowed. Each Rav gave his own justification. One of the Rabbanim suggested that it is permitted out of Kavod Shabbos, which is a Mitzvah “Ki Shomer Mitzvah Lo Yada.” Another suggested that since it was insulated in the oven, and the oven is attached to the ground, therefore the urn loses its status as a vessel and the prohibition does not apply. The Rebbe Maharash suddenly entered the room holding the exciting discussion of Rabbanim and settled the matter once and for all. The Rebbe Maharash asked the worker to bring the earthenware urn to the table to show the guests that the water stayed overnight in the earthenware urn and was simply poured now into the copper urn in order not to place an earthenware vessel on the table.

3. Drinking warm water in a metal container:[50] [Talmud/Shulchan Aruch Harav/Achronim]

One is to never drink warm water in a metal vessel due to that they damage the body[51], unless one places something into it which is commonly placed into beverages, such as herbs, or spices, or roots of good scenting plants [i.e. Besamim] and the like.[52] [Thus, there is no issue with drinking warm tea or coffee in a metal vessel, being that the tea and coffee are considered spices.]

Hot water:[53] [The above issue only applies with warm water. However] if (the water was boiled[54]) (is boiling[55]) it is permitted in all cases. [Seemingly, the difference between the two versions in Admur, which is based on two different commentaries of Rashi, is regarding whether it suffices for the water to have been boiled in the past even though it is now cold, or if the water must be currently boiling. Practically, the Poskim[56] rule that if the water was boiled, then it is permitted to drink the water in a metal vessel even if it was originally boiled in a metal vessel and is now only warm.]

Vessels of other material:[57] In an earthenware vessel [or vessel made of other material, such as glass[58]] it is permitted in all cases [to drink warm water].  

Warming up water in a metal vessel:[59] Some Poskim[60] rule that the above hazard only applies when one drinks the warm water from the metal container. However, it is permitted for one to warm up the water in a metal container, such as a metal pot, and then later drink it from a non-metal vessel, such as a glass or porcelain cup. Other Poskim[61], however, rule that it is forbidden to drink the warm water even a nonmetal vessel if it was originally heated in a metal vessel. Practically, one is to be stringent in this matter if the water was only warmed in the metal vessel.[62] [Thus, one should not warm-up water in a metal pot and then drink it in a glass cup unless one adds something to the water, such as tea or coffee and the like as explained above.] If, however, the water was boiled in a metal vessel, then it is permitted to drink the water even if it later cools off and is now only warm. Such warm waters may be drunk even in a metal vessel.[63]

4. Under bed-Liquids that are placed under the bed:

See Chapter 2 Halacha 4!

5. Tekufa-Drinking drawn water, and other foods and beverages, by and after the Tekufa:[64] [Rishonim/Shulchan Aruch]

A. The custom:

It is a widespread custom not to drink water during the time of the change of seasons, known as the Tekufa.[65] One may not divert from this custom, and so have written the early codifiers.[66] This applies whether the Tekufa arrived by night or by day.[67] [This customarily applies for all uncooked food and drink that are prohibited to be left out in the open due to worry of snakes, and not just to water.[68] However, cooked, or pickled, or salted foods and drinks, customarily do not contain this worry.[69] Nonetheless, it is proper to initially place a piece of metal into them, as will be explained.[70] This, however, only applied in previous times, however, in today’s times majority of people are no longer careful in the above.[71] However, some Poskim[72] rule that even today one is to be stringent, and indeed the established Chabad custom is to be stringent in this until this very day.[73]]

Must one spill out the liquid-The status of the liquid and food after the passing of the Tekufa: Some Poskim[74] rule that the danger of drinking from waters of the Tekufa only applies during the moments of the entrance of the new Tekufa, however, as soon as it passes there is no longer any danger to drink from it. However, other Poskim[75] rule that the danger of drinking water that was around during the Tekufa continues to apply even after the Tekufa passes, so long as a piece of metal was not inside the water during the Tekufa. [However, according to all opinions, this only applies to drawn water, however, water that was still attached to its source, such as the water of a Mikveh, well, sea or river, is not affected by the Tekufa, and hence may be consumed.[76]] Practically, the widespread custom is to be lenient in this matter and to permit the food and liquid after the Tekufa.[77]

For the sake of a Mitzvah-Already said a blessing:[78] If one said a blessing over the water and then heard that the Tekufa has arrived, then he is to slightly delay drinking the water until after the Tekufa passes [making sure to remain silent in the interim[79]].[80]

For the sake of a Mitzvah-Water of Mayim Shelanu:[81] One who has drawn water in his home, which was drawn for the sake of kneading the Matzos [i.e. Mayim Shelanu], and the Tekufa then arrived either by night or by day, nevertheless, one is not required to spill out these waters [whether the water was drawn the night before Pesach, or any other previous night[82]].[83] Nevertheless, if one wants to be stringent and spill them out, then he may do so. Furthermore, one is even encouraged to do so if one can easily find other water for Mayim Shelanu, or if he can easily delay kneading the Matzos until another day with other water which he will draw during the twilight before.[84] Nevertheless, this only applies to the waters which were drawn for the sake of the Matzos which are not eaten for the sake of the Mitzvah, as this is close to being voluntary being that one has the choice not to eat Matzah throughout the entire Pesach [aside for the first night]. Accordingly, it is permitted for him to be stringent on himself and spill out the water. However, water that was drawn for the sake of kneading the Matzos Mitzvah, it is not proper for him to be stringent upon himself and to spill out the water even if he can easily find other water, as it appears like he is belittling the words of the verse, “one who guards a mitzvah knows no evil.”[85] Nevertheless, initially one should not rely on this and prior to the arrival of the Tekufa he should place a piece of metal inside the water.[86]

B. Circumventing the danger:

Placing metal into the water, foods, beverages:[87]  If at the time of the entrance of the Tekufa there was a piece of iron[88] [or perhaps even other metals[89]] inside[90] the water [throughout the entire period of the Tekufa[91]], then there is no longer any danger involved in drinking from the water. [Based on this, the custom is during the change of seasons to place a piece of iron into all foods and drinks that are not cooked or salted or pickled. However, it is proper[92] to be stringent to place metal also by cooked foods.[93] Upon placing the metal into the water one is to say that in the merit of the matriarchs, Bilhah, Rachel, Zilpah and Leah who established 12 tribes may we be saved from all difficult and evil decrees.[94]]

Sealing the container of food and liquid:[95] A sealed container of water or other liquids and foods, is protected from the dangers of the Tekufa. [Hence, all foods and liquids that are in closed cans and bottles and pitchers and pots avoid this danger and do not have to be spilled out when the Tekufa passes.] Accordingly, upon the arrival of the Tekufa one is to close all of his pots and containers that contain food and liquid to circumvent the issue. [Some Poskim[96], however, rule that it must be sealed with a metal cover to avoid the danger of the Tekufa.]

Adding salt:[97] A salted food is protected from the dangers of the Tekufa. [Hence, all foods and liquids that have salt placed in them do not have to be spilled out when the Tekufa passes.] Accordingly, upon the arrival of the Tekufa one is to place salt in his open foods and liquids to circumvent the issue.

C. The dates and times of the start of the seasons in 2022:

There are a total of four Tekufos, seasons. The seasons begin around the same date each year, between the 20th-22nd of the month, every three months.

Tishreiy/Fall: September 22, [9:04 pm EDT]

Teves/Winter: December 21 [4:48 pm EDT]

Nissan/Spring: March 20 [11:33 am EDT]

Tamuz/Summer: June 21st [5:14 am EDT]

How long does the Tekufa last for? Seemingly, it only lasts momentarily for a few seconds.[98] However, some are accustomed to wait for two hours before and after the Tekufa.[99] Others are accustomed to wait 30 minutes before and after.[100]

6. Spilling liquid from one’s cup prior to drinking:[101] [Talmud/Shulchan Aruch Harav/Achronim]

A. The letter of the law:[102]

One who drinks [water that was drawn from a river[103]] even during the daytime, is required[104] to pour out some of the water prior to drinking.[105] [This applies even at home.[106] This applies even on Shabbos.[107]]

When to pour-before or after the blessing:[108] One who drinks water and spills out some of it prior to drinking it due to worry of evil waters, is to pour the water out prior to him beginning to say the blessing, and is not to wait to pour it out until afterwards.[109]

Further details of the custom:

Who should pour it: The drinker is to personally pour out the water rather than have another person pour it for him.[110] Likewise, one is to only pour a slight amount, and is to pour it with the back of one’s hand.[111] Some Poskim[112] rule that he to pour out the water three times, and that it is to be spilled specifically onto the ground. Some Poskim[113] rule that he is to pour the water from the cup also after drinking from it. The implication in the Poskim is that this adherence only applies to water, and not to any other beverage.]

 

B. The worldly custom:[114]

Practically, the custom today is to no longer be careful in the above matter at all.[115] One may even initially rely on this custom even if he is G-d fearing and a Torah scholar, and is generally particular regarding such matters.[116] Nonetheless, some are accustomed to follow the above even today.[117] Those who do so, are to do so conspicuously, without gaining much attention to their stringency.[118]

The Chabad custom: The Rebbe Rayatz was accustomed to pour water from the cup [even] prior to Mayim Achronim.[119] The Rebbe was likewise witnessed by Chassidic gatherings to pour water from his cup of water or seltzer prior to drinking, however, not prior to drinking wine or other beverages.[120] Some, however, claim that the above is a mere personal custom or stringency and was not followed by the Chassidim, and does not have the status of a Chabad custom meant for the public to undertake.[121]

Pouring out water prior to giving someone else to drink from your cup:[122] Irrelevant to the above discussion, one who drank water from a cup is to pour out some water from the side prior to offering another person to drink from it.[123]

Summary: Some are accustomed to pouring water out from their cup prior to drinking from it, prior to saying the blessing. Practically, the custom today is to no longer be careful in the above matter at all. Those who do so, are to do so inconspicuously, without gaining much attention to their stringency.

7. Spilling out all drawn water in the vicinity when a person passes away:[124] [Rishonim/Shulchan Aruch]

It is customary to spill out all the drawn water in the neighborhood in which the person passed away.[125] [Water of the neighborhood should be spilled even if a child, who is less than thirty days old, passes away, and even if a gentile passes away.[126] On Shabbos, one is not to spill the water.[127] However, on Yom Tov one is required to do so.[128] One is not required to spill out water that was frozen at the time of death.[129] One is only required to spill out plain water and not other water based liquids.[130] One is not required to spill undrinkable water.[131] Some Poskim[132] rule one is not required to spill out water that was covered tightly. However, others[133] rule that even sealed water is required to be spilled, and so is implied from Admur.[134]]

Definition of neighborhood:[135] Some Poskim[136] rule a neighborhood is defined as three houses [or apartments]. [This refers to the two houses that are closest to the house of the deceased, as well as the actual house of the deceased.[137] This includes the two closest houses on each side of the house of the deceased [i.e. two houses square[138]].[139]] Other Poskim[140] however rule that only the [house of the deceased and the] actual [next door] neighbor must spill the water, and so is the custom. [According to all, we follow the area the person was in at the times of death and not his home or place of origin, even if he was brought to that location later on.[141] Thus, if the person passed away in a hospital, his neighbors by his house do not need to spill the water. However, the hospital rooms near the room of the deceased are to spill their water. If there is a street that separates between the houses of the deceased and a neighbor’s house, the neighbor is not required to spill the water.[142]]

Already said a blessing:[143] If one said a blessing over the water and then heard that a person passed away in the neighborhood, and the custom is to spill out all of the drawn water in the neighborhood of the person who passed away, then he is to swallow a sip of water in order so it not be a blessing in vain, and then spill out the remainder of the water.[144]

Water of Mayim Shelanu:[145] One who has drawn water in his home, which was drawn for the sake of kneading the Matzos [i.e. Mayim Shelanu], and a person in the neighborhood passes away in which case one needs to spill out all the water in the neighborhood due to worry of danger, nevertheless, one is not required to spill out these waters.[146] Nevertheless, if one wants to be stringent and spill them out, then he may do so. Furthermore, one is even encouraged to do so if one can easily find other water for Mayim Shelanu, or if he can easily delay kneading the Matzos until another day with other water which she will draw during the twilight before.[147] Nevertheless, this only applies to the waters which were drawn for the sake of the Matzos which are not eaten for the sake of the Mitzvah, as this is close to being voluntary being that one has the choice not to eat Matzah throughout the entire Pesach [aside for the first night]. Accordingly, it is permitted for him to be stringent on himself and spill out the water. However, water that was drawn for the sake of kneading the Matzos Mitzvah, it is not proper for him to be stringent upon himself and to spill out the water even if he can easily find other water, as it appears like he is belittling the words of the verse, “one who guards a Mitzvah knows no evil.”[148] Nevertheless, initially one should not rely on this and prior to the arrival of the Tekufa he should place a piece of metal inside the water.[149]

 

Summary: When a person passes away, all the plain water that is in that house [i.e. water bottles, cups and buckets of water] is to be spilled. Likewise, the neighbors of closest proximity to that home are to also spill their water. On Shabbos, no water is to be spilled.   Q&A May the water be used for non-eating purposes?[150] Some Poskim[151] rule that the water which is meant to be spilled may not to be used for any purpose. Other Poskim[152], however, rule it may be used for non-eating purposes, such as for laundry and bathing.   If one mixed the water with other foods, may the food be eaten?[153] Some Poskim[154] the food is forbidden to be consumed even if it contains 60x the water. However, if it was used for the Shabbos food, it may be eaten.[155] Other Poskim[156], however, rule the food may always be eaten. Must the water be spilled after a Nefel [i.e. still born, or baby who died within thirty days] passes away?[157] One is to spill the water in the home after a Nefel passes away. However, if the child was born dead, water is not needed to be spilled. Must ice be spilled out?[158] No, unless it only became ice after the death occurred.

8. The decrees of the sages

There are many matters which the sages prohibited due to them containing danger of life, and whoever transgresses them and says I will endanger myself and it’s none of anyone else’s business, or says that I [do not worry of the chance of danger and] choose not to be careful about this, is liable to receive lashes known as Makas Mardus.[159] This includes the following matter:

1. Drinking water directly from a pipe or faucet
2. Drinking water from a river/pond
3. Spilling liquid from one’s cup prior to drinking

9. Drinking water directly from a pipe or faucet:[160] [Talmud/Rambam/Shulchan Aruch]

There are many matters which the sages prohibited due to them containing danger of life, and whoever transgresses them and says I will endanger myself and it’s none of anyone else’s business, or says that I [do not worry of the chance of danger and] choose not to be careful about this, is liable to receive lashes known as Makas Mardus.[161] This includes the following matter: One may not drink water directly from a pipe or faucet, with one’s mouth resting on the opening of the faucet, having the water enter directly into one’s mouth.[162] [This applies whether at night or day.[163] If, however, the faucet or pipe has a filter to prevent one from swallowing any insects, then it is permitted. The same likewise applies to a bottle which one cannot see what is inside, that one should not drink directly from it as perhaps there is something dangerous in the water which he will consume.[164]]

10. Drinking water from a river/pond by day and by night:[165] [Talmud/Rambam/Shulchan Aruch Harav]

One is not to drink directly with his mouth from rivers and lakes due to worry that one may come to swallow a water leach which is dangerous.[166]

Daytime:[167] Even during the day one may not drink directly with one’s mouth, from a river or pond due to that he may swallow a leech. The same applies that it is forbidden to drink it with one hand because when doing so one drinks quickly throwing the water into his mouth and will not pay attention to whether or not a leech has entered. However, with two hands [is allowed] being that one is able to hold back [the water] and check [for leeches].

Nighttime:[168] At night, it is forbidden in all cases [to drink water from rivers and ponds, even with two hands, due to worry that one may come to swallow a water leach which is dangerous[169]]. Furthermore, even if one filters the water using a vessel one may not drink the waters of rivers and ponds at night.[170] This due to danger of Sherriri which is a disease of blindness [which is caused by a demon who is the minister of this disease[171]].[172] [If, however, the water was drawn from the river before nighttime, then it may be drunk.[173]]

11. Drinking water in the dark on Tuesday night and Friday night:[174] [Talmud/Shulchan Aruch Harav/Achronim]

(On Friday night as well as on Tuesday night, one is not to drink water in the dark. This applies even if one draws the water prior to nighttime and applies even if one filters the water through a vessel.[175]) [Meaning, that even if there is no worry of swallowing a leach being that the water is filtered, and even if there is no worry of blindness which can be caused by drinking directly from the river at night, being that it was drawn during the day, nonetheless, one may not drink the water at night. If, however, there is light in the room, then one may drink the water.[176] Thus, one should simply turn on the light prior to drinking, or walk into a lit room.]

If one is very thirsty:[177] ([If one is very thirsty [on Tuesday or Friday night and it is dark, then] he should throw something into the [water] and only afterwards is he to drink [from it].)

12. Drinking water after sunset, before nightfall, on Erev Shabbos and Motzei Shabbos:[178] [Rishonim/Shulchan Aruch]

Between Mincha and Maariv, during the period of Bein Hashmashos of Erev Shabbos and Motzei Shabbos, it is forbidden to drink drawn water due to danger. This applies even if one is in the midst of a meal, or is after the meal. This only applies to water that was drawn during Bein Hashmashos, however, water that was drawn before Bein Hashmashos may be drunk during Bein Hashmashos.[179] [Some Poskim[180], however, rule that this worry only applies within the 12 months from the passing of a parent. Practically, we are stringent in this matter even past 12 months.[181]]

13. Drinking water that is dripping from a barrel:[182] [Talmud/Shulchan Aruch Harav]

One who drinks the liquid that drips from a barrel [enters blindness to his eyes].

14. Drinking water after Fish:[183] [Achronim]

One may not drink water after fish.

15. Drinking water from a bowl or plate:[184] [Talmud/Shulchan Aruch Harav/Achronim]

One who drinks water from a bowl or plate [i.e. Kearah], this can lead to blindness.[185]

16. Drinking water that was used to bathe a corpse:[186] [Achronim]

A person who drinks water that was drawn or used for a corpse, causes loss of memory and poverty.

17. The foam of a beverage:[187] [Talmud/Shulchan Aruch Harav/Achronim]

Drinking foam: One who drinks the foam that is formed on the surface of a beverage can lead to Ririn which comes from the nose.

Blowing foam: One who blows with his mouth the foam that is formed on the surface of a beverage, this can lead to a difficulty in the head.

Pushing the foam: One who pushes to the side the foam that is formed on the surface of a beverage, this can lead to poverty.

The definition of foam:[188] The definition of foam referred to in the above Talmudic statement is the foam that is created during the fermenting process of a beverage within a barrel. However, the foam that is created when one pours a beverage is not considered foam at all in this regard. Nonetheless, it is proper for one to avoid even this type of foam, being that matters of danger are very severe. [Thus, it is proper for one not to drink from a recently poured glass of beer or soda until the foam dissipates. Seemingly, based on this, one should also avoid drinking the foam that is formed when milk is shaken, or in a milk frothier such as when drinking a cappuccino beverage. However, the custom is to be lenient in this, and perhaps this is not considered foam at all and rather is considered milk cream.]

18. Not to drink quickly after exertion and long walks:[189] [Rambam/Achronim]

It is dangerous for a person to drink a lot of liquid when he is exhausted from walking and thirsty for water. Rather, he is to slightly rest and then drink little by little.

19. Not to drink cold water or jump in cold water when the body is overheated:[190] [Rambam/Achronim]

When a person is very hot, he should not hurry to cool off his body in a sudden matter, but is rather to do so gradually. Thus, one should not drink cold water upon leaving a bathhouse and is certainly not to drink in the bathhouse. If one is very thirsty upon leaving the bathhouse and cannot hold himself back from drinking water, then he should mix wine or honey into the water and then drink it.[191]

20. Not to draw water alone:[192] [Achronim]

It is dangerous for a woman to draw water alone. [If, however, she has a lit candle, or flashlight, in her hand, then there is no worry.[193]]

21. Standing while drinking or afterwards: [Talmud/Shulchan Aruch Harav/Achronim]

Standing while drinking:[194] There are three things which weaken a person’s body, and one of them is a person who drinks while standing. [This applies especially regarding breakfast, Pas Shacharis.[195] Aside for the health related reasons, it is not proper for Torah Scholars to drink while standing, and hence one is to always sit upon drinking the Havdalah wine.[196] This applies also for those that are not Torah Scholars, and applies by all foods and drink, not just by Havdalah.[197] Practically, however, the widespread custom of the world is not to be particular in this matter, especially when having a small snack or quick drink of water or coffee.[198] However, the Arizal was very careful in this to sit even upon drinking water, and certainly by other beverages. Thus, although the widespread custom is to be lenient, and one who is lenient has upon whom to rely, it is proper to be stringent especially when there is no trouble to simply sit down.[199]] See Chapter 4 Halacha 8F!

Standing after drinking:[200] One who drank is not to stand up immediately after doing so, but is rather to wait a little prior to standing [and if he does so then he is closer to death than to life[201]].

 

22. Not to bathe with water that you drank from:[202] [Achronim]

One is not to bathe in water that he drank from. Thus, one should not drink from the water in the bathtub or swimming pool.

23. Not to drink water you bathed in:[203] [Talmud/Achronim]

Drinking left over water from bathing causes a person to forget his Torah learning. [Some Poskim[204] leave in question whether this applies likewise to water used to wash one’s hands in the morning and for bread. However, from other Poskim[205] it is evident that this applies even to the water of Netilas Yadayim. If one pours some of the water out from the water which was used for bathing, then it no longer carries a danger of memory loss.[206] Accordingly, one who washed his hands using a bottle of water, should not drink the remaining water until he spills out some of it. Vetzaruch Iyun.]

24. Not to give one’s leftover water to an animal or Gentile:[207] [Achronim]

One is not to hand his leftover water which a blessing was said over to an animal or a Gentile due to the respect of the blessing.

25. Water that passes through a cemetery:[208] [Talmud/Achronim]

A person who drinks from water that passes through a cemetery causes him to forget his Torah learning. [It is questionable whether this applies even to a Gentile cemetery.[209]]

26. The cup of the mourner:[210] [Achronim]

One is not the drink from the company mourner. [The widespread custom however is not to be careful in this.[211] This especially applies to women who traditionally are not careful in this. Likewise, on Shabbos the custom is not to be stringent in this.[212]]

27. Germs-Offering someone to drink from one’s cup and drinking from another person’s cup:[213] [Shulchan Aruch/Achronim]

One should not offer his friend to drink from a cup from which he drank from due to danger of life.[214] [Likewise, one should not drink from a cup that another person drank from, even if he was not offered to drink from the cup.[215] Thus one is not to drink leftover wine or water from the cup of another, even if he is one’s brother or other relative.[216] However, some are lenient in this matter.[217] This leniency especially applies by Kiddush.[218] Nonetheless, one is to clean the cup prior to offering to another as explained next.[219]]

If one cleans the cup:[220] If one nonetheless desires to offer his drink to someone [or to take another person’s cup[221]], then he is to clean the cup through either pouring out some water from the side of the cup, or by cleaning the area of the lip of the cup from where he drank, prior to offering another person to drink from it.[222] [Nonetheless, if one is not aware if the drinker is in good health, then he should not drink from his cup even after it is cleaned.[223]]

28. Drinking from borrowed water from the field:[224] [Talmud/Achronim]

Whoever drinks from the cup of water of a child who in turn borrowed the water while in the field is liable for his own soul. [Nonetheless, if one cooked something in this water there is no issue.[225] Furthermore, if one cooked the water, it is possible that there is no issue to drink from it any longer.[226] If the water got mixed with other water or other foods, it is nullified in majority.[227]]

29. Asking to borrow water:[228] [Achronim]

It is dangerous to use the term “borrow” regarding water, and hence one should not say “may I borrow some water.”

30. Zugos-Avoiding drinking an even number of drinks:[229] [Talmud/Achronim]

According to the Talmud[230], one is to avoid eating or drinking in even number of drinks [i.e. two drinks] but is rather to only drink an odd number of drinks and only eat an odd number of foods. This is due to worry of demons and damaging spirits.[231] Nonetheless, a negative affect can only occur to one who is particular in this matter as one who is not particular, they are not particular with him.[232] Practically, however, we are no longer careful in this matter today, and there is no need to be stringent to do so.[233] Nonetheless, there still remain meticulous individuals who are careful in this even today.[234]

31. Pouring backwards: [Tradition-No source]

Many of the populace are accustomed to not pour backwards. There is no known source for this custom in any Jewish literature. This custom may have been adopted in order to avoid imitating actions that are done to a corpse due to a perceived Ayin Hara.

The Halachic debate: Some Poskim[235] would negate the above practice, claiming that doing so transgresses Darkei Emori being that it has no logical reason or source behind it, and therefore one is to avoid doing so. Likewise, it may transgress Lo Sinacheish. However, other Poskim[236] would rule that its practice does not involve Darkei Emori. Furthermore, some Poskim[237] rule that it is permitted and even praiseworthy for one to believe in superstitions that the general populace believes in even if it has no source in Sefarim and the words of our sages, as the prohibition of Lo Sinacheish only applies when one verbalizes the superstition. However, even according to this opinion, it is forbidden to verbalize the superstition.

Practical ruling: One who does not have such a tradition should not adapt it due to the above Halachic issues surrounding it. Nonetheless, those who received such a tradition may continue doing so if they wish, although being careful to never verbalize the superstition.

32. List of drinks and liquids:

A. Wine:[238] [Talmud/Shulchan Aruch/Achronim]

Wine is very beneficial for the body. Mainly, it is beneficial for the elderly, especially in the winter, but damaging to the young.[239] Wine helps to retain the natural heat of the body, assists one in digesting the food that he ate, and helps to expel toxins from the body. This applies when one drinks an average amount of wine. However, one who is mentally weak is to beware not to drink wine being that it increases the weakness and causes toxins to go up to the brain. Likewise, the youth should not drink wine being that they already have enough natural heat, and drinking wine as more heat to the heat. Thus, they should not drink until they reach the age of 21.[240] One should not drink a large amount of wine prior to eating a meal, although is to drink a small amount in order to open his abdomen. Likewise, one should not drink wine while he is hungry, and not after bathing, and not after exercising. During the meal itself, one should only drink a small amount.

Yayin Megito-Unfermented wine:[241] Yayin Megito [which refers to wine within three days of fermentation[242]] is very unhealthy, and should never be consumed.

Drinking after wine:[243] After drinking wine, one should drink water.[244] This, however, only is necessary if the wine is pure wine without water. If, however, there is water in the wine, then there is no need to drink wine afterwards.[245] Furthermore, some Poskim[246] rule that this matter is no longer applicable today at all anymore, as the natures have changed.

Adding water to the wine of a Kos Shel Bracha:[247] It is proper both based on Halacha and Kabbalah to add water to the wine of a Kos Shel Bracha.

Padigora-Gout: Some say that gout is triggered when a person drinks excessive amounts of wine.[248]

Yayin Nesech: [249] Drinking Yayin Nesech is a grave danger for oneself.

Segula for eyesight with wine: If a person walked in large steps [during the week] he can fix the danger of losing part of his eyesight through “Kiddush of Bein Hashmashos.”[250] This means that one drinks ]and is careful in[251]] the kiddush wine on the night of Shabbos [and the wine of Havdalah[252]].[253] Alternatively, this means that one rubs the Kiddush wine of Friday night [or Motzei Shabbos by Havdalah[254]] on one’s eyes.[255] This is hinted to in the numerical value of “יין” which is the same as the letter “ע” which represent the eye.[256]

Spilling the wine by the Makos:[257] *See our corresponding Sefer “The Pesach Seder” for the full details of this matter! It is customary to spill some of the wine from the cup upon arriving to the words Dam, Esh, ViTimros Ashan. Likewise, the wine is spilled when one says each of the ten Makos, and likewise when one mentions the abbreviations of the Makos as Datzach, Adash, BeAchav.[258] Thus, the wine is spilled from the cup for a total 16 times. The wine is spilled for a total of 16 times as it corresponds to the sword of Hashem which is called Yo-hach and is the angel which is appointed over retribution [i.e. Nekama].[259] The wine is to be spilled into a broken vessel [such as a chipped plate or bowl], representing the Kelipos which is called cursed.[260] Upon spilling the wine, one is to intend that the cup represents Malchus, and that through the power of Binah he is spilling the wrath from the wine, into a broken vessel which is Kelipa and cursed.[261] [One is to thus intend that only the spilled wine is wine of wrath while the remaining wine that is in the cup, is wine of joy.[262] One is to also intend that G-d save him from these Makos.[263]] After all the above spills are performed, one is to refill the cup with wine. One is not to first discard the remaining wine in the cup, as on the contrary its remains are wine of joy, and hence should simply have more wine added to it.[264]  [The spilled wine is to be discarded in a way that no one can benefit from it, similar to water from the morning washing.[265]] 

B. Water:[266] [Rambam/Achronim]

Water is the greatest natural and healthy liquid available to mankind. If the water is clear and clean, then it benefits the body by keeping it hydrated and removing the toxins from the body.

The temperature of the water: It is more beneficial to drink cold water then warm or room temperature water, as cold water is of more benefit to the metabolism, and to quench one’s thirst. Nonetheless, the water should not be too cold, in order so it does not remove the natural heat of the body. It goes without saying, that one should not drink very cold water after exercising or performing other bodily exertions, as the fat of the heart is heated at this time and the cold-water damages it to the point of actual danger.

Not to drink too much:[267] Although water is healthy for the body, one should not drink too much of it [as doing so ignites one evil inclination[268], and can cause one loss of memory[269]].

Drinking water by a meal: One should not drink water prior to eating a meal as it cools off the metabolism and prevents proper digestion. Even during the meal, one should only drink a small amount of water together with wine.[270] After the food is digested, one should drink a normal amount.

Bathhouse:[271] After leaving the bathhouse, one should not drink water at all in order not to cool off the liver. It goes without saying that one should not drink water in the bathhouse itself.

Marital intercourse: One should not drink water immediately after intercourse, as this can cause the body to lose excessive heat, being that at this time the body is naturally weakened of its natural heat.

C. Coffee: [Achronim]

It is proper to drink a hot beverage for breakfast, and so is the custom today to drink tea or coffee.[272] In fact, drinking coffee is a Segula for memory.[273] If one does not have bread or Mezonos available to eat for breakfast, it suffices to drink coffee with sugar and milk, which also prevents the stomach from remaining empty.[274]

33. Not to make Kiddush during the seventh hour:[275]

A. The Halacha: [Shulchan Aruch Harav/Achronim]

Some[276] are careful to avoid saying Kiddush during the first hour of the night[277], (which is during the 7th hour past midday).[278] Rather, they recite Kiddush either prior to nightfall, or after an hour into nightfall. It has already been explained that initially one is to recite Kiddush immediately upon returning from Shul even if it is still day [and is prior to the first hour of the night].[279] [Today, however, that the custom is to Daven Maariv after nightfall, and hence one only returns home within the first hour of night, therefore, those who beware not to make Kiddush during the first hour are to delay Kiddush until the end of the first hour. Practically, the Chabad custom is to avoid making Kiddush throughout the 7th hour after midday, as brought above.[280] This applies likewise in Eretz Yisrael.[281] Other communities however are not accustomed to avoiding this, especially in Eretz Yisrael.[282] The Rebbe was very careful not to make Kiddush in the 7th hour.[283]]

B. How to calculate the 7th hour:[284]

Ruling of Admur in Shulchan Aruch: According to the ruling of Admur in the Shulchan Aruch [brought above] and other Poskim[285], the 7th hour is always the first hour of the night of Shabbos, which is the 7th Zemaniyos hour past the midday of the current day.[286] Accordingly, on every Shabbos one is to avoid saying Kiddush within an hour into Shabbos[287], as the seventh hour past the real midday is always the start of Shabbos. Other Poskim[288] however argue on this calculation. Practically, the custom does not follow the above calculation of Admur, as explained next. 

Final ruling-Custom:[289] The custom is to calculate midday and the seventh hour as 60-minute hours throughout all times of the year and in all places.[290] Likewise, the custom is to calculate the 7th hour from the average Chatzos [Chatzos Haemtzai] as opposed to the real Chatzos. [Chatzos Haamiti].[291] Thus, the time of midday and the 7th hour remains the same throughout the year in all areas and does not fluctuate with summer/winter.[292] In general, the average Chatzos is at 12:00 pm. Accordingly, the practical custom is to avoid saying Kiddush from 6:00-7:00 throughout all times of the year and in all places [except for when DSL is active].[293] Nevertheless, in many countries, due to the change of time zone, the average Chatzos is before or after 12:00. For this reason, the custom in Eretz Yisrael is to view the average Chatzos as 11:40, and hence avoid Kiddush from 5:40-6:40.[294] However some Rabbanim[295] negate this matter, and state one is to always follow 12:00 p.m. as Chatzos irrelevant of his time zone, and hence avoid Kiddush from 6:00-7:00 in all places. One is to follow his community’s custom in this regard. The custom in N.Y. is to avoid Kiddush between 6:00-7:00 and in Israel to avoid Kiddush between 5:40-6:40. Thus, this entire matter of adherence is only in the winter, when 6:00-7:00 falls after the entrance of Shabbos, and not in the summer when 6:00-7:00 falls before the entrance of Shabbos.

Daylight savings time:[296] During those months in which DST is active, the 7th hour of the day is pushed up one hour, and hence one is to avoid making Kiddush from 7:00-8:00, [or in Israel from 6:40 -7:40].[297]

Summary: Some are careful to avoid saying Kiddush during the 7th sixty-minute hour past the average midday and so is the Chabad custom. In New York this is between 6:00-7:00 pm throughout the year, except for when DST is active in which case it is between 7:00-8:00. In Eretz Yisrael, this is between 5:40-6:40 pm throughout the year except for when DST is active in which case it is between 6:40-7:40. Some Rabbanim however rule one is to always avoid Kiddush from 6:00-7:00 in all places. One is to recite Kiddush either prior to this time, or afterwards. Initially one is to recite Kiddush immediately upon returning from Shul and hence if he arrives home before the start of this time he should hurry and make Kiddush beforehand.    Q&A Does the above custom apply also against making Kiddush on white wine? Yes.[298] Those who are careful to avoid Kiddush during the 7th hour avoid it with all forms of wine, irrelevant of color. Does the above custom apply also against making Kiddush on bread? Yes.[299] Those who are careful to avoid Kiddush during the 7th hour, avoid doing so even over bread. If one made Kiddush before the 7th hour, may he continue drinking wine throughout the 7th hour? Yes.[300]

May one who is particular to normally avoid Kiddush in the 7th hour recite Kiddush during the 7th hour for the sake of guests? No.[301] However, some Poskim[302] are lenient in this matter and rule that if there are hungry guests at the table then the Mitzvah of Hachnosas Orchim will protect him of any danger. Are those who are particular to avoid Kiddush in the 7th hour of Shabbos to avoid it also on Yom Tov?[303] No. There is no need to avoid making Kiddush during the 7th hour on Yom Tov.[304]

34. Havdalah:[305] [Talmud/Achronim]

Rav Tzadok stated:[306] Whoever does not say Havdalah over wine on Motzei Shabbos or does not hear Havdalah from others does not see a Siman Bracha. However, one who does say Havdalah over wine on Motzei Shabbos Hashem calls him Kadosh and calls him a Segula, and separates him from the other nations.

Rebbe Yochanan states:[307] Three inherit the world to come; one who lives in Eretz Yisrael; one who brings up his children to Torah; one who says Havdalah over wine.

Rebbe Chiya Bar Rebbe Aba stated in the name of Rebbe Yochanan:[308] Whoever says Havdalah over wine on Motzei Shabbos merits having male children. Rebbe Yehoshua Ben Levi says he merits children which are fit to be Rabbis.

Water:[309] Based on Kabala one is to refrain from ever adding water to his wine.

May women drink from the wine of Havdalah?[310] If a woman makes Havdalah, she must drink the wine. It is however accustomed for women not to drink from the leftover Havdalah wine of someone else who made Havdalah.[311] The reason for this is because the tree of knowledge was a grape vine, and it is due to Chava eating from it that all women were punished to receive Nida blood. It is therefore improper for women to drink from this wine.[312] This is in addition to the custom that no one drinks from the Havdalah wine other than the person saying Havdalah.[313] The custom is to allow women to drink from the wine of Kiddush of which Havdalah was said over on Motzei Shabbos that coincides with Yom Tov.[314]

35. Wine that a gentile or non-Frum Jew looked at?[315] [Achronim]

A. Halacha-Letter of the law:[316]

From the letter of the law, wine can only become potentially forbidden due to contact with a Gentile [i.e. Yayin Nesech or Stam Yayin] if the Gentile comes into physical contact with the wine. However, if he simply looks at the wine, then it does not become Yayin Nesech and there is hence no prohibition to drink from this wine and it remains Kosher even initially. This applies, even if the wine is not Mevushal or pasteurized.

B. Kabbalah-Stringency of many:

Despite the above letter of the law allowance, the Poskim[317] record that a Gentile has ability to defile the wine and enter impurity into the wine even through a mere stare. Thus, if a gentile looked at one’s [non-Mevushal] wine one is not to drink from it. Men of stature and Chassidim are stringent like this opinion. This especially applies by a Kos Shel Bracha [i.e. Kiddush etc., including the actual Kiddush cup].[318] [The Chabad custom is to be very stringent in this.[319] Accordingly, we are very careful to always cover the wine so a Gentile does not look at it, and to not drink it if this occurred. Likewise, one is also only to pour the wine and drink it when there are no Gentiles in the area who will look at it. Others, however, are lenient in this matter.[320]] One who is careful in this will merit to drink from the Yayin Hameshumar.[321]

Mevushal wine:[322] The above stringency only applies to non-Mevushal wine, however, Mevushal wine [or wine that is Mevushal through pasteurization[323]] does not get affected by the sight of a Gentile, just as it cannot become Stam Yayin even through touch.[324]

An open glass bottle or glass cup:[325] Some Poskim[326] rule that the above stringency applies even if the Gentile did not see the wine directly, but rather through glass, such as if the wine is being held in a glass wine goblet, or in an open glass bottle. If, however, the glass is opaque through which the wine cannot be seen, then there is no issue so long as the Gentile did not look into the wine from its open top. Furthermore, some Poskim[327] argue on the above and are lenient even if the gentile saw the wine through a transparent glass bottle so long as the Gentile did not look into the wine from its open top. Regarding a close glass bottle see next.

A closed and sealed bottle:[328] Some Poskim[329] rule that the above stringency only applies to an open bottle of wine, however, a closed bottle of wine cannot become Yayin Nesech[330] and hence does not become defiled by a Gentile looking at it. This applies even if the bottle was already opened and then closed with the cap, and certainly applies if the bottle has never yet been opened and is closed with a cap and seal [i.e. two Chosmos]. This applies even if the wine is in a glass bottle through which the wine can clearly be seen, and certainly applies to shaded glass. [Accordingly, there is no issue with having gentiles carry unopened bottles of wine from one area to another, even though they will see the wine through the glass bottle. Practically, the widespread custom is to be lenient like this opinion to not beware from allowing a gentile to see an unopened bottle of wine.[331] However, those who are stringent are blessed.[332]] 

Muslims versus Christians and other idolaters: Some Poskim[333] rule that the above stringency against drinking [non-Mevushal] wine that was seen by a gentile, only applies to gentiles who are adherents of Christianity or other idolatry religions. However, gentiles which are adherents of non-idolatry religions, such as Muslims, then their look at wine does not affect it or prohibit it even according to Kabbalah, and thus there is not even an attribute of piety to avoid drinking such wine.

Mumar-Not religious Jew: A Jew who desecrates Shabbos in public [such as a typical Non-Frum Jew] has the status of an idolator regarding many matters, which includes Yayin Nesech.[334] Hence, according to the above stringency, some Poskim[335] rule that one is also not to drink [non-Mevushal] wine which a nonreligious Jew looked at. [The Rebbe’s custom was to be very stringent in this. Accordingly, we are very careful to always cover the wine so a Gentile or nonreligious Jew does not look at it, and to not drink it if it was seen by them.[336]]

 

Gentile seeing wine in Kiddush cup

Question:

In response to your recent article on the subject of avoiding drinking wine that was seen by Gentile, does this apply even to wine that is inside a kiddush cup? As it was witnessed by the Rebbe by Kos Shel Bracha that he poured wine for individuals from the kiddush cup, to which the wine was visible to people in the line.

 

Answer:

The issue of a Gentile seeing non-Mevushal wine of a Jew applies especially towards wine of Kos Shel Bracha, and likewise applies towards the wine that is in the cup. Hence, it does not suffice to simply cover the bottle of wine on the table, and one is also only to pour it and drink it when there are no Gentiles in the area who will look at it. Alternatively, when there are Gentiles in the area one is to make sure to use Mevushal wine.

Explanation: It is clear from the sources which negate wine that was seen by Gentile that it applies also and especially to wine that is found in a kiddush cup, and there is no room or logic different differentiate. Now, regarding the Rebbe’s Kos Shel Bracha, several explanations can be offered such as that the wine which was used was Mevushal, or Mefustar [pasteurized to a satisfying temperature]. Alternatively, the Gentiles were unable to see the wine in the Kiddush cup, and the bottle itself was always covered. [In truth however, this last claim can be negated being that there were times that a transparent glass pitcher was used to pour the wine into the Becher, and of course when the Rebbe would pour from the Becher, the wine being poured could be seen by all. Nonetheless, even if we were to accept that non-Mevushal wine was used, and was able to be seen by Gentiles, this should not be taken as a directive to the public absent of a direct instruction from the Rebbe, as perhaps there were unique circumstances which permitted it by the Rebbe, which only he can explain, which are not relevant to the general public, and on this the Talmud states that one should not follow even the saying of a Sage until he tells you that it is “Halacha Lemaaseh” as we do not learn Halacha from a Maaseh until he tells you that it is Halacha Lemaaseh. Practically, all the venerate Chabad Rabbanim we consulted with agreed that we are very Makpid in this, including with the wine in the Kos.

Sources: See regarding the general adherence of not drinking from Kosher wine that a gentile looked at: Sefer Taamei Hamitzvos of Rav Menachem Habavli L.S. 360; Midrash Talpiyos Anaf Yayin p. 206; Mamar Yayin Hameshumar p. 18 of Rav Nasan Shapiro; Minchas Sotah p. 415 [custom of Titwan]; Shlah Hakadosh Shaar Haosiyos Kelal 94 Kedushas Hachila 106 p. 77; Yifei Laleiv 5 Y.D. 123:1; Ruach Chaim Falagi 131:2; Zivcheiy Tzedek 3:165; Ben Ish Chaiy Balak 16; Darkei Teshuvah 123:2; Dovev Meisharim 1:124; Kinyan Torah 6:64; See regarding especially Kos Shel Bracha: Makor Chaim Kitzur Halachos 183; Response of Rabbanim whom we addressed the above question to and replied that we are certainly careful in the above including regarding the wine that is in the cup of Kos Shel Bracha despite what we saw by the Rebbe by Kos Shel Bracha: Rav Eliyahu Landau; Rav Yochanon Gurary Shlita; Rav Groner a”h

36. Not to stand under a gutter:[337] [Talmud/Shulchan Aruch Harav/Achronim]

One is not to sit under a gutter which comes out from the roof being that the Mazikim are found there.

37. Walking through sewage:[338] [Talmud/Shulchan Aruch Harav/Achronim]

One is not to pass barefoot through sewage water unless 60 steps have already stepped and passed through it, or the sunshine has already passed over it, or one spread earth over it, or one spit saliva into it, as if none of the above have occurred then an evil spirit resides on it. [Practically, the custom of the world is not to step over sewage water even if the above conditions are fulfilled.[339]]

38. A bowl over a pitcher:[340] [Talmud/Shulchan Aruch Harav/Achronim]

A bowl which is turned over a pitcher can lead to poverty. [Thus, one should not cover a bottle of wine, water, or pitcher with a bowl.]

 

________________________________

^[1] Michaber Y.D. 116:1; Michaber O.C. 272:1; Admur O.C. 272:1; Terumos 8:4; Tosefta Terumos 7:13-19; Avoda Zara 30a-b; Chulin 9b; Kitzur SHU”A 33:7; Kaf Hachaim Y.D. 116:1-9; Imrei Yaakov 10:17; Sefer Shemiras Haguf Vihanefesh [Lerner] 44

[2] For the full details of this prohibition and as to which scenarios it applies to, see: Tur Y.D. 116;

[3] Tur 116 that a live person who is guarding the liquid will prevent a snake from coming out to drink from it.

[4] Tur 116; Aruch Hashulchan 116:3

Regarding the amount of time that it must be left revealed to be prohibited: Seemingly this includes even a short amount of time, as so long as the snake has enough time to reach it and place venom into it is the amount of time that prohibits it. See Sefer Shemiras Haguf Vihanefesh [Lerner] 44:4

[5] Tur and Beis Yosef 116 rule the water is not to be spilled in a public area and is not to be given to animals or birds and is not to be used to wash ones floor.

[6] Michaber Y.D. ibid

[7] Sefer Shemiras Haguf Vihanefesh [Lerner] 44:4

^[8] Admur ibid; Michaber O.C. ibid; Some Poskim rule that this includes honey and even ground garlic. [Perisha 116:2]; See                Sefer Shemiras Haguf Vihanefesh [Lerner] 44:4

^[9] Yeish Nochlin; Yismach Yisrael; Lechem Hapanim 116:1; Beis Lechem Yehuda 116:1; Poskim in Kaf Hachaim 116:7; See Hakashrus p. 431 footnote 67; So is proven from fact that the Poskim make no differentiation in this matter.; See Sefer Shemiras Haguf Vihanefesh [Lerner] 44:4

[10] Tur 116; Kaf Hachaim Y.D. 116:1

The reason: As the venom of a snake can rest anywhere in the liquid, on top, bottom, or middle. [Tur ibid]

[11] Tur 116; Chazon Ish, brought in Sefer Shemiras Haguf Vihanefesh [Lerner] 44:4 and footnote 1

[12] Sefer Shemiras Haguf Vihanefesh [Lerner] 44:4

[13] Michaber Y.D. ibid; See Sefer Shemiras Haguf Vihanefesh [Lerner] 44 footnote 1

The reason for this allowance: As the entire prohibition of the Sages was due to the snakes. [Taz 116:1] Now, although, in general, when the Sages make a decree the decree remains in place, even if the reason behind the decree is no longer applicable, until a larger and more scholarly Beis Din nullifies it. Nevertheless, this only applies in decrees that were made due to a reason but not made contingent to the reason, such as the decree not to do Melacha on Erev Pesach due to the Pesach sacrifice. However, in this scenario, the Sages explicitly made the decree contingent to its applicable reason, and hence in a scenario that the reason is not applicable the Sages initially never decreed against drinking it. [See Tosafus Avoda Zara 35a; Tur 116; Levush 116; Taz 116:1; Biur Hagr”a 116:1; Aruch Hashulchan 116:2; Kaf Hachaim 116:5; Imrei Yaakov 10:16 Shaar Hatziyon 28] Water that was left revealed in an area without snakes is similar to revealed water that was supervised to make sure no snakes entered, in which case it is certainly permitted. [Mateh Yonason 116:1, brought in Otzer Mefarshim]

[14] Admur ibid; Michaber O.C. ibid; Tur 116; Taz ibid; Levush 116; Peri Toar 116:2; Peri Chadash 116:1; M”B 160:23; Rebbe in Likkutei Sichos 23:35; All Poskim in later footnotes who only require in area that snakes are commonly found; See Daas Torah 116

^[15] Shlah p. 79 “One who guards his soul is distance himself from this” [brought in Elya Raba 170:24; P”M 170 M”Z 10; Pischeiy Teshuvah 116:1; Aruch Hashulchan 116:2; Likkutei Sichos 23:35 footnote 32; Imrei Yaakov 10:17] Custom of Gr”a who was very careful in this [Maaseh Rav 95, brought in Pischeiy Teshuvah 116:1]; Peas Sadcha 86; The M”B 160:23 holds that there is no need today to be stringent in drinking revealed waters, although there are those who are stringent; Kitzur SH”A 33:5 [To note that in the Kitzur SH”A with the rulings of Admur brought by Rav Bistritzky no mention is made in that Halacha that Admur argues on the Kitzur in that regard.] Tosafos Yerushalayim 116 [brought in Hakashrus ibid] writes based on the Mishneh in Derech Eretz 11 that the nighttime is more severe than the day in this regard and hence all waters that were left revealed, even at night are not to be drunk; Sefer Shemiras Haguf Vihanefesh [Lerner] 44:2

^[16] The reason: Seemingly this is due to Ruach Raah. [Peias Hasadeh ibid]

[17] See Atzei Haolah; Tosafos Yerushalayim 116; Kaf Hachaim 116:7; Sefer Shemiras Haguf Vihanefesh [Lerner] 44:3

[18] Peri Toar 116:2; Peri Chadash 116:1; Peas Hashulchan 2:32; Yeshuos Yaakov 116:2; Birkeiy Yosef in Shiyurei Bracha 116:3; Mor Uketzia 170; Aruch Hashulchan 116:2; Kaf Hachaim 116:6; See Kitzur SHU”A 33:5 who simply writes to beware from drinking uncovered liquids, and does not mention any custom of leniency

[19] Peri Chadash 116:1 “In all areas that they are even slightly found, such as Yerushalayim, it is proper for every G-d fearing Jew to avoid drinking it”; Birkeiy Yosef ibid that so is the custom today in all Eretz Yisrael

[20] Zivcheiy Tzedek 116:2; Kaf Hachaim 116:9; Imrei Yaakov 10:17

[21] See Admur 272:1; Sefer Shemiras Haguf Vihanefesh [Lerner] 44:8-10

^[22] See Hakashrus p. 432; Piskeiy Teshuvos 4:12; Sefer Shemiras Haguf Vihanefesh [Lerner] 44:6

[23] Shalmei Tzibur brought in Shaareiy Teshuvah 4:7; Pischeiy Teshuvah Yoreh Deah 116:1; Peri Toar Yoreh Deah 116:2; Birkeiy Yosef 116:4; Kaf Hachaim Y.D. 116:8 and 160:2; Poskim in Sefer Shemiras Haguf Vihanefesh [Lerner] 44:6 footnote 16; So is also implied from M”B 160:23; Admur 272:1 rules we are no longer careful regarding revealed waters as snakes are no longer commonly found.

[24] Shalmei Tzibur ibid, as the stringency of not drinking from revealed waters in areas with snakes only applies to drinking and not washing. [Shaareiy Teshuvah ibid; M”B 160:23]; See however Poskim in next footnote that one is to be stringent in those areas that snakes are common.

[25] Rav Sheptal in Yeish Nochalim 37b, brought in Shaareiy Teshuva ibid; Seder Hayom: “Every G-d fearing Jew needs to prepare for himself prior to going to sleep two vessels, one that contains water and one that is empty, into which he will pour the water upon awakening. One is to place the water filled vessel into the empty vessel, covered and clean.”; Chesed Lealafim 4:10; Lev Chaim 1:62; Kaf Hachaim Falagi 8:11; Kaf Hachaim 116:8 and Artzos Hachaim 4:1 that one is to be stringent in those areas that snakes are common [brought in Hakashrus 18:19]; Poskim in Sefer Shemiras Haguf Vihanefesh [Lerner] 44:6 footnote 15

[26] Conclusion of Shaareiy Teshuvah ibid

[27] See Migdal Oz story 114 from which it is proven that it was not an acceptable Chabad custom to cover the waters. This is seen from the fact the apprentice of the Tzemach Tzedek could not understand why he covered the water, as well as from the fact one Chassid complained to the Rebbe Rashab about the stringencies of another Chassid who followed this ruling of covering the water. Nevertheless, as is evident from the story, this was the custom of the Tzemach Tzedek. However from his response it is understood that this custom is not meant as a directive for the public.

^[28]  Levush 160:5; Aruch Hashulchan 160:1; M”B 160:23 [It is implied from there that he rules even regarding washing hands upon awakening there is no need to be stringent]; Poskim in Sefer Shemiras Haguf Vihanefesh [Lerner] 44:7 footnote 17

Other opinions: Some Poskim rule that one is to be stringent in those areas that snakes are common. [Kaf Hachaim 116:8]

[29] Tur and Beis Yosef 116; Hakashrus 18:15

[30] Kaf Hachaim 272:9; Hakashrus 18:17; Sefer Shemiras Haguf Vihanefesh [Lerner] 44:4 in name of Chazon Ish

[31] Peri Chadash 116:3; Beis Yehuda 25; Birkeiy Yosef Shiyurei Bracha 116:5; Yad Efraim  116; Sefer Shemiras Haguf Vihanefesh [Lerner] 44:5

^[32] Admur C.M. Hilchos Shemiras Guf Vehanefesh Halacha 7; Rashbi in Nida 17a; Yerushalmi Brachos 7:5; Rosh Brachos 8:2; Peri Chadash 116:9; Aruch Hashulchan 116:22; Likkutei Halachos Niddah ibid [Chofetz Chaim]; Atzei Haolah 24; Mishmeres Shalom 116:5; Kaf Hachaim 116:92; See Sefer Shemiras Haguf Vihanefesh [Lerner] 45

[33] Lit. “Mashkin Mezugin”; Admur ibid; Yerushalmi ibid; Rosh Brachos 8:2; However, see Bnei Tziyon 1:10-11 that Mashkin Shenimzagu refers to liquids that were poured for drinking purposes. The Rebbe in Igros Kodesh 2:140 and 144 negates this explanation

[34] What is Neser? Neser can be one of many compounds: 1) Sodium Hydroxide [See Yerushalmi Shabbos 9:5; Tiferes Yisrael Hakdama Taharos 44]; 2) Alum [See Avoda Zara 33b and Rashi there; Rash; Rosh Keilim 2a; Meiri Shabbos 16; Radak Yirmiya 2:22]; 3) Chalk [Rambam Keilim]. See Aruch Erech Neser; Sefer Hashorashim p. 330; Tashbatz 1:28. The common denominator of all these vessels is that they are no longer commonly in use.

[35] The reason: One who does so “brings blood upon his head and is liable for his life” [Rashbi in Nida ibid] as the Ruach Rah resides on this liquid. [Zivcheiy Tzedek 116:61; Kaf Hachaim Y.D. 116:92]

[36] Admur ibid in parentheses; brought in: Over Oreiach in Orchos Chaim 4:2; Maharsham 2 Mafteichos Y.D. 8; Tehila Ledavid 4:8; Shemiras Hanefesh 320; Kuntrus Beis Yisrael Kelal 68:4; Darkei Teshuvah 116:79; See Admur O.C. 455:19; Bnei Tziyon 1:10; 2:3; Igros Kodesh 2:140-145 that Admur was in doubt regarding this ruling and thus placed it in parentheses; Machshavos Eitza 5; Divrei Yatziv 33:2; See other opinions below and coming footnotes; See Sefer Shemiras Haguf Vihanefesh [Lerner] 45:2 footnote 3

Contradiction in Admur: Admur O.C. 455:19 rules regarding Mayim Shelanu that remained in a copper vessel eve even for many days it may be used. This contradicts the ruling of Admur ibid. The following answers can be offered: 1) Admur in 455:19 refers to water that stayed in a copper container during the daytime and not overnight; b) It is permitted to mix the liquid into foods, and the prohibition is only against drinking it. [Igros Kodesh 2:145] c) The laws of Shemiras Haguf were written much later than the laws of Pesach which was the first Halachic work written by Admur, and Admur only innovated this ruling that the prohibition applies even to plain water in his later writing. This also explains why it was written in parentheses, as it is a personal novelty of Admur not brought in previous Poskim. [Shulchan Melachim 2:51 footnote 3; See Igros Kodesh 2:140]

Other opinions: See in main article in brackets.

[37] Likkutei Halachos ibid

[38] Mishmeres Shalom 116:5; See Sefer Shemiras Haguf Vihanefesh [Lerner] 45:3

[39] Implication of Admur ibid; However, see Bnei Tziyon 1:10-11 that Mashkin Shenimzagu refers to liquids that were poured for drinking purposes. The Rebbe in Igros Kodesh 2:140 and 144 negates this explanation

[40] Implication of Admur O.C. 455:19 “However, Bedieved if the Mayim Shelanu remained in the copper vessel even for many days it may be used”; [see previous footnotes for explanation or contradiction]; Olas Shabbos end of 456; Chok Yaakov 455:10; Peri Chadash 455:1; Over Oreiach in Orchos Chaim 4:2 questions the ruling of Admur in C.M. ibid; Mishmeres Shalom 116:5; Machshavos Haeitza Y.D. 5; See Sefer Shemiras Haguf Vihanefesh [Lerner] 45:2

[41] Retold by Rav Zalman Shimon Dworkin in Shmuos Usippurim 2:49-50; See Maaseh Shehayah brought in end of this Halacha

[42] Custom of Jerusalem regarding plain water, brought in Igros Kodesh ibid; Mishmeres Shalom 116:5; Imreiy Yaakov 10:34

The reason: As when the public becomes accustomed to perform a danger Chazal state “Shomer Pesaim Hashem.” [Shabbos 129b; See Tzemach Tzedek E.H. 11] Furthermore, when the danger is associated with matters of Segula [unnatural] then only when people beware from doing it does the Segula danger apply, while if people are no longer careful then the danger subsides completely. [Igros Kodesh 2:144] Alternatively, today the Ruach Raah no longer resides and only applies in Talmudic times, just as we rule regarding Zugos. [Rashal Yam Shel Shlomo Kol Habasar 12; See regarding garlic: Zivcheiy Tzedek 116:61; Kaf Hachaim Y.D. 116:92]

[43] Igros Kodesh 2:144

The reason: As when the danger is associated with matters of Segula [unnatural] then only when people beware from doing it does the Segula danger apply, while if people are no longer careful then the danger subsides completely. [Igros Kodesh 2:144]

[44] Suggestion made by questioner in Igros Kodesh 2:144; So rule regarding garlic: Zivcheiy Tzedek 116:61; Kaf Hachaim Y.D. 116:92

[45] Igros Kodesh 2:144

[46] Igros Kodesh 2:145 in explanation of Admur 455:19

[47] Igros Kodesh 2:144

[48] The reason: As an item that is attached to the ground loses its status as a vessel. [ibid]

[49] Retold by Rav Zalman Shimon Dworkin in Shmuos Usippurim 2:49-50

^[50] Admur C.M. Shemiras Haguf Vehanefesh 4; Rebbe Yochanon in Bava Metzia 29b “Kos Decharshin Velo Kosa Deposhrin”; Chulin 84b; Peri Chadash Y.D. 116:9; Kneses Hagedola 116:52; Aruch Hashulchan 116:14; Darkei Teshuvah 116:73; Atzei Haolah 29; Shemiras Hanefesh 319; Kaf Hachaim 116:87; See Sefer Shemiras Haguf Vihanefesh [Lerner] 46

[51] Admur ibid; Rashi Chulin 84b explains Gemara ibid to be saying that it is better for one to drink a cup of witchcraft water than to drink warm water in the metal vessel.

[52] Admur ibid; Bava Metzia ibid; Rashi ibid

[53] See Sefer Shemiras Haguf Vihanefesh [Lerner] 46:1 footnote 3

[54] Admur ibid; Rashi Chulin ibid

[55] Admur ibid; Rashi Bava Metzia ibid

[56] Peri Chadash 116:9; Kaf Hachaim 116:87; Imreiy Yaakov 10:20

[57] Admur ibid; Chulin ibid; Bava Metzia ibid

[58] Mizmor Ledavid 116; Kaf Hachaim 116:87

[59] Kaf Hachaim 116:87; Imreiy Yaakov 10:20

[60] Peri Chadash 116:9

[61] Rabbeinu Chananel Bava Metzia ibid; Mizmor Ledavid 116; Conclusion of Kaf Hachaim ibid

[62] Kaf Hachaim ibid

[63] Kaf Hachaim ibid; Imreiy Yaakov ibid

^[64] See Abudarham Shaar Hatekufos p. 311; Rama Y.D. 116:5; 455:1; Darkei Moshe 116:5; Admur 206:14; 455:15-16; Darkei Teshuvah Y.D. 116:85; Kitzur SHU”A 33:8; Kaf Hachaim 455:34-41; Shemiras Hanefesh Kehilchasa Chapter 7; Omitted from Admur Hilchos Shemiras Guf Vinefesh; Sefer Shemiras Haguf Vihanefesh [Lerner] 47

[65] Rama Y.D. 116:5; Admur 206:14; 455:15-16; Darkei Moishe Y.D. 116; Teshuvos Rav Chaiy Gaon 14; Machzor Vitri Hashlama p. 14 580; Even Ezra in Sefer Haibur; Sefer Chassidim 851; Abudarham Shaar Hatekufos p. 311; Mordechai Remez 593; Rokeiach 275; Maharil 163; Rikanti Parshas Bereishis; Hagahos Tziyoni Parshas Bereishis; Sefer Haminhagim of Raavan Yarchi; Shach 116:6; Peri Chadash 428; Lechem Hapanim 116:7; Beis Lechem Yehuda 116:11; Tzemach Tzedek Kadmon 14; Shem Aryeh Y.D. 28; Koach Shur 12; Aruch Hashulchan 116:12; Kaf Hachaim Y.D. 116:53; O.C. 455:40; All Poskim in coming footnotes who discuss the dangers of the Tekufa

The reason: The reason behind this custom is because there is a drop of blood that falls into the water between the Tekufos. [Darkei Moshe 455 in name of Abudarham Shaar Hatekufos] The Abudarham explains as flows: When the season of Nissan [i.e. spring] begins there is dangerous blood in the water which results from the water of the Nile which turned into blood. When the season of Tamuz [i.e. summer] begins there is dangerous blood in the water which results from the hitting of the rock by Moses which caused for the rock to bleed and in turn for there to be blood by all waters of the world. When the season of Tishreiy [i.e. fall] begins there is dangerous blood in the water which results from the attempted slaughter that Avraham performed to Yitzchak, for which a drop of blood fell and became mixed in the waters. When the season of Teves [i.e. winter] begins there is dangerous blood in the water which results from the slaughtering of the daughter of Yiftach which caused blood to be mixed in all the wars of the world. [1^st explanation in Abudarham Shaar Hatekufos p. 311; Machzor Vitri ibid] Alternatively, the reason is because the change of seasons consists of a change of guard of angels, and the period between the seasons is empty of any guarding angel, and hence the world is open to potential damage from evil forces [2^nd explanation in Abudarham Shaar Hatekufos p. 311; Machzor Vitri ibid; Teshuvos Rav Hai Gaon 14] or to damage from evil winds which can penetrate through the crack that is formed between the seasons. This is the secret and mystical meaning behind the wearing of Tzitzis on the four corners of the garment and the sprinkling of blood and the four corners of the altar. [Lechem Hapanim ibid; Rikanti Parshas Bereishis; Hagahos Tziyoni Parshas Bereishis; Kaf Hachaim 455:41] Alternatively, as at this time the Satan places a drop of poison in the water. [3^rd explanation in Abudarham Shaar Hatekufos p. 311; Sefer Haminhagim of Raavan Yarchi] Alternatively, as at this time a scorpion places a drop of poison in the water. [3^rd explanation in Abudarham Shaar Hatekufos p. 311; Machzor Vitri ibid]

[66] Rama ibid

Other Opinions: Some Poskim rule that the entire concept of not drinking at the time of the Tekufa is a mere Nichush superstition done for good luck which was fabricated by the elderly women which contains no danger at all, and is better to be ignored by the servant of G-d who trusts in Him. [Taz Y.D. 116:4 in name of Darkei Moshe 116:9 in name of Abudarham in name of the Even Ezra in name of Rav Hai Gaon; Abudarham Shaar Hatekufos p. 311; Even Ezra in Sefer Haibur; Teshuvos Rav Hai Gaon 14; Rav Hai Gaon there was asked by the sages of Kiron as to why Jews in Israel are accustomed to be careful in this, and he replied that this matter is a mere superstition as they desire to drink something sweet in the beginning of each season as a good Mazal, however in truth sweet is the year of one who serves G-d and trusts in Him alone] Other Poskim write in the name of the Geonim that the entire idea of the Tekufa was fabricated by the Sages [Kadmonim] in order to instill fear of heaven into the plain folk and in essence has no truth behind it, and therefore one may drink the water during the Tekufa. [Taz Y.D. 116:4 in name of Darkei Moshe 116:9 in name of Abudarham in name of the Even Ezra; Abudarham Shaar Hatekufos p. 311; Even Ezra in Sefer Haibur] Others write that the entire issue should be ignored being that it has no source in the Talmud. [Mur Uketzia 455 in name of his father the Chacham Tzevi] Others write that the danger only applies by Tekufos Nissan and Tamuz, and even then it only applies to gentiles and not Jews. [Machzor Vitri ibid]

[67] Admur 455:15

Other opinions: Some Poskim rule that the worry only applies if the Tekufa falls by night, and not by a day Tekufa. [Daas Torah 428; Darkei Teshuvah in name of Maharsham in name of Tziyoni Parshas Shelach; See Rokeiach 275; Sefer Shemiras Haguf Vihanefesh [Lerner] 47:2]

[68] Shach 116:6; Lechem Hapanim 116:7; Beis Lechem Yehuda 116:11; Aruch Hashulchan 116:12; Kaf Hachaim Y.D. 116:53; O.C. 455:40; Beir m Mordechai1:1;1 Koach Shur 12; Sefer Shemiras Haguf Vihanefesh [Lerner] 47:9

Other opinions: From some Poskim it is evident that the issue only applies to water, and not to any other liquid or food. [Implication of Rama ibid; Sheim Aryeh Y.D. 24, brought in Darkei Teshuvah 116:90]

[69] Shach 116:6; Lechem Hapanim 116:7; Beis Lechem Yehuda 116:11; Aruch Hashulchan 116:12; Kaf Hachaim Y.D. 116:53; O.C. 455:40; Sefer Shemiras Haguf Vihanefesh [Lerner] 47:6

The reason: As the worry of the Tekufa only applies to foods that have a prohibition of Gilui Mashkin. [Shach ibid]

[70] Shach 116:6; Lechem Hapanim 116:7; Beis Lechem Yehuda 116:11; Aruch Hashulchan 116:12; Kaf Hachaim Y.D. 116:53; O.C. 455:40

^[71] Poskim brought in Darkei Teshuvah Y.D. 116:85; Mur Uketzia 445; Daas Torah O.C. 428; Melamed Lehoil 113; Aruch Hashulchan 445:7; Atzei Haolah 8:9; Mili Deavos 5 O.C. 22:3; Vayitzbor Yosef 33; Divrei Yisrael 2:40; Piskeiy Teshuvos 455; Hakashrus p. 434; Shemiras Hanefesh Kehilchasa 7:25; Sefer Shemiras Haguf Vihanefesh [Lerner] 47:1

The reason: Some explain that today that there are metals which are set into the roof and windows, and this suffices to protect against the Tekufa. [Daas Torah ibid in name of Rav Shlomo Kluger] Alternatively, this is because we are no longer expertise as to when the exact time of the Tekufa is. [See Darkei Teshuvah Y.D. 116:85 and 91

[72] Darkei Teshuvah Y.D. 116:85 in name of Peri Chadash; Shemiras Haguf Vihanefesh 47 footnote 12 in name of some Achronim

[73] Hayom Yom and Luach Kollel Chabad lists each of the Tekufos in their calendar; Hiskashrus; Rav Eli Landau Shlita that all water which was kept in an open vessel is to be spilled.

[74] 1^st and main opinion in Admur 206:14 [as he does not conclude to spill out the water after taking a sip, as he dopes regarding water of Meis]; Implication of wording in Rama Y.D. 116:5, as writes M”A 455:8; M”A 206:8; 455:8; Drashos Maharil; Abudarham; Sefer Chassidim 851; Opinion in Olas Tamid 206:5; Bris Olam on Sefer Hachassidim 851 that so is implied from there; Machazik Bracha 455:1 that so is the custom of all residents of Israel, Turkey, and Italy; Conclusion of Kaf Hachaim 206:45 and 455:36-37 that so is the custom; See Kaf Hachaim 455:36-37; Sefer Shemiras Haguf Vihanefesh [Lerner] 47:3

[75] 2^nd opinion in Admur 206:14; Setimas Admur in 455:15-16, as brings M”A 455:8 in Rama [as the entire Halacha there assumes that the Mayim Shelanu water ideally needs to be spilled out even after the Tekufa passes, see Kaf Hachaim 455:36]; Implication of Rama 455 regarding Mayim Shelanu, as explained in M”A 455:8; Beis Yosef 455 based on Mordechai; Olas Tamid 206:5; Kaf Hachaim 206:45

[76] Taz 455:6 in name of Mordechai; Beis Yosef 455 in name of Mordechai; Mamar Mordechai 455:5; Implication of Peri Chadash end of Hilchos Rosh Chodesh; Kaf Hachaim 455:37; Sefer Shemiras Haguf Vihanefesh [Lerner] 47:8

Other opinions: Some Poskim rule that the issue of the Tekufa applies even to attached waters. [P”M 455 A”A 8]

[77] Kaf Hachaim 455:36-37; Hiskashrus

[78] Admur 206:14; M”A 206:8; 455:8; Sefer Chassidim 851; Opinion in Olas Tamid 206:5; M”B 206:26; Kaf Hachaim 206:45; See Kneses Hagedola O.C. 204, brought in Rav Akiva Eiger 339; Elya Raba 202:1

Other opinions: Some Poskim rule that according to the opinion that the water is forbidden even after the Tekufa, then one is not to drink from it, and is rather to say Baruch Sheim Kevod Malchuso Leolam Vaed. [Implication of Olas Tamid 206:5 as learned Kaf Hachaim 206:45]

[79] Kaf Hachaim 206:45

[80] The reason: As some Poskim rule that the danger of drinking from waters of the Tekufa only applies during the moments of the entrance of the new Tekufa, however, as soon as it passes there is no longer any danger to drink from it. [Admur ibid; M”A 206:8; 455:8; Sefer Chassidim 851; Kaf Hachaim 206:45] Furthermore, even according to those opinions who rule that the danger of drinking water that was around during the Tekufa continues to apply even after the Tekufa passes, so long as a piece of metal was not inside the water during the Tekufa, nonetheless, [the verse in Koheles 8:5 states that] one who guards a Mitzvah will know no evil. [Admur ibid; M”B 206:26]

[81] Admur 455:15; Rama 455:1; Shach 339:9; Mordechai Remez 593; Rokeiach 275; Bach 455; Levush 455:6; Beis Yosef 455; Chok Yaakov 455:7; Chayeh Adam 188:10; Kaf Hachaim 455:34

Other opinions: Some Poskim rule that one must spill out the water of Mayim Shelanu if other water is available. [Chok Yaakov 455:7 in name of Aguda; See Kaf Hachaim 455:34]

[82] Olas Shabbos 455:1; Kaf Hachaim 455:35

Other opinions: Some Poskim rule that the above rule only applies to water that was drawn on the night before Pesach, for baking Matzos after midday of Erev Pesach. However, if the water was drawn beforehand, then it is to be spilled. [Shiyurei Kneses Hagedola 455:13, brought and negated by Olas Shabbos and Kaf Hachaim ibid]

[83] The reason: As the verse [Koheles 8:5] states “One who guards a Mitzvah will know no evil.” [Admur ibid; M”A 455:7; Taz 455:3; Levush 455:6; Rebbe Yehuda Hachassid]

[84] Admur ibid; Taz 455:3; Chok Yaakov 455:7; See P”M 455 M”Z 3; Kaf Hachaim 455:34

Other opinions: Some Poskim rule that one should not spill out the water of Mayim Shelanu even if it is designated for Matzos of the other days of Pesach. [Elya Raba 455:16; Elya Zuta 455; Chok Yaakov 455:7; Kaf Hachaim 455:34]

[85] Admur 455:16; Taz 455:3; Chok Yaakov 455:7; Mordechai ibid

[86] Admur ibid; Rama 455:1; Maharil p. 34; Minhagim Tirana Erev Pesach p. 35; Taz 455:4; M”A 455:9; Chok Yaakov 455:7; Shach 116:6; Lechem Hapanim 116:7; Beis Lechem Yehuda 116:11; Aruch Hashulchan 116:12; Kaf Hachaim 116:53

[87] Admur 206:14; 455:16; Rama 455:1; Rokeiach; Maharil p. 34; Minhagim Tirana Erev Pesach p. 35; Shach 116:6; Kav Hayashar 47; Lechem Hapanim 116:7; Beis Lechem Yehuda 116:11; Birkeiy Yosef Y.D. 116 Shiyurei Bracha 123 in name of Rokeiach; Ruach Chaim 455:3; Aruch Hashulchan 116:12; Kitzur SHU”A 33:8; Kaf Hachaim Y.D. 116:53; O.C. 455:40; Sefer Shemiras Haguf Vihanefesh [Lerner] 47:4

Other opinions: Some Poskim rule that placing metal in the water is worthless. [Birkeiy Yosef ibid in name of Terumas Hadeshen, who concludes in the negation of his opinion due to Rokeiach]

[88] See P”M 455 A”A 8 that perhaps only iron: Barzel is valid being that it stands for the Roshei Teivos of the matriarchs; See Darkei Teshuvah Y.D. 116:92

[89] P”M 445 A”A 8; Darkei Teshuvah ibid in name of Daas Torah 428:7 based on Rokeiach; Sefer Shemiras Haguf Vihanefesh [Lerner] 47:4

[90] Admur ibid; See Darkei Teshuvah 116:92

Other opinions: Some Poskim write that the custom is to simply place the metal on top of the vessel of food or liquid, and not inside it. [Daas Torah 428; Sefer Shemiras Haguf Vihanefesh [Lerner] 47:5]

[91] Maharil ibid; Taz ibid; M”A ibid; Chok Yaakov ibid; Kaf Hachaim ibid

^[92] Lit. good

^[93] Shach 116:6; Lechem Hapanim 116:7; Beis Lechem Yehuda 116:11; Aruch Hashulchan 116:12; Kaf Hachaim Y.D. 116:53; O.C. 455:40

Other opinions: Some Poskim rule that there is no need to place the metal in cooked, pickled, or salted foods. [Kitzur SHU”A 33:8]

[94] Kav Hayashar 47; Ruach Chaim 455:3; Kaf Hachaim O.C. 455:40; See P”M ibid that this is the Roshei Teves of Barzel

[95] M”A 455:9; Darkei Moshe 455:7; P”M 455 M”Z 4 and A”A 8; Kaf Hachaim O.C. 455:39; Rav Eli Landau Shlita that so is our custom in Chabad, to only be stringent regarding liquids there were left in uncovered containers; Hiskashrus; See Darkei Teshuvah 116:86 that some argue on this; Sefer Shemiras Haguf Vihanefesh [Lerner] 47:7

[96] Minchas Pitim Y.D. 116; Sefer Shemiras Haguf Vihanefesh [Lerner] 47:7

[97] M”A 455:9; Darkei Moshe 455:7; Shach Y.D. 116:6 that so is the custom of the world [however, see there that he concludes that it is proper to be stringent]; Kaf Hachaim O.C. 455:39

[98] So is proven from the fact that the Poskim rule that if one already said a blessing and then noticed that the Tekufa has arrived, then he should slightly wait for it to pass. Now, being that it is forbidden to make a delay between the blessing and the drinking therefore we must conclude that it only last for a few seconds; See Bris Olam of the Chida on Sefer Chassidim 851 that Rav Yehuda Hachassid was only accustomed to abstain for a short time, unlike those who are stringent for much time

[99] Kneses Hagedola Y.D. 116:36 in name of Maharil

[100] Kneses Hagedola ibid

[101] See Admur C.M. Shemiras Haguf Vehanefesh 4; Kaf Hachaim Y.D. 116:97; Hiskashrus 530-556 [Otzer Hachochmah] p. 119; Koveitz Shaareiy Yeshiva Gedola 18:81; Migdal David 6 p. 536; Hakashrus page 432; Sefer Shemiras Haguf Vihanefesh [Lerner] 40

[102] Admur C.M. Shemiras Haguf Vehanefesh 4; 206:5 “One who drinks water and spills out some of it prior to drinking due to worry of evil waters”; Story of Rav Papa in Chulin 105b and Rashi ibid; Tashbeitz 286; Sefer Chassidim 111; 852; Shaar Hamitzvos Parshas Eikev that it is proper to do so; Or Tzadikim 23:18 “One who drinks water is to spill some of it”; Shelah p. 80; Rashal in Yam Shel Shlomo Perek Kol Habasar 202; Elya Raba 171:24; Kaf Hachaim [Falagi] 24:40; Darkei Teshuvah 116:72; Kaf Hachaim O.C. 157:10; 170:82; Hakashrus page 432; See Hamelech Bemisibo Vol. 1 p. 269-270, 275-276; Omitted from Michaber, Rama, Tur, Rambam

[103] Admur ibid “from the rivers or lakes…. As demons have drank from the river.”; Rashal in Yam Shel Shlomo Perek Kol Habasar 202, brought in Kaf Hachaim 170:82; Tashbeitz ibid “Water that was brought from a river”; However, see Or Tzadikim ibid who implies to all waters, even if not drawn from a river.

Other opinions: Some Poskim rule that the above adherence applies to all drinks, even not water based. [Sefer Zechira; Sefer Shemiras Haguf Vihanefesh [Lerner] 40:2]

[104] So write Admur and majority of Poskim ibid; However, see Arizal in Shaar Hamitzvos ibid that it is only p[roper to do so; Likewise, see wording in Admur 206:5 which implies that not all are accustomed to do so

[105] The reason: As there are evil waters, from which demons have drunk from the river, and spilling it out is its cure. [Admur ibid; Chulin ibid and Rashi ibid] Alternatively, it is done in order so the reincarnated souls, and evil spirits, that may be found in the water do not cause one damage. [Or Tzadikim ibid; Rabbeinu Gershom on Chulin ibid]

[106] Mizmor Ledavid p. 111; Sefer Shemiras Haguf Vihanefesh [Lerner] 40:1

[107] Minchas Yitzchak 7:16-2; Sefer Shemiras Haguf Vihanefesh [Lerner] 40:5

[108] Admur 206:15; Sefer Chassidim 111; 852; Elya Raba 202:1; Yifei Laleiv 3:116-17; Shaareiy Teshuvah 202; Kaf Hachaim 157:10; 170:82; Sefer Shemiras Haguf Vihanefesh [Lerner] 40:4

[109] The reason: It is not to be done after the blessing due to it being a belittlement of the blessing. [Admur ibid; M”A and Taz 296:2; Elya Raba 202:1; See also Admur 296:5]

[110] Tosafus Chulin 106a; Darkei Teshuvah 116:72; Shemiras Hanefesh 305; Sefer Shemiras Haguf Vihanefesh [Lerner] 40:3

[111] Kaf Hachaim [Falagi] 24:40

[112] Kaf Hachaim [Falagi] 24:40 in name of Sefer Habris Vol. 1 Kesav Yosher Makor Chaim 8

[113] Hamelech Bemisibo Vol. 1 p. 270

[114] See Hiskashrus 530-556 [Otzer Hachochmah] p. 119

[115] The reason: As when the public becomes accustomed to performing a danger, Chazal state “Shomer Pesaim Hashem.” [Shabbos 129b; See Tzemach Tzedek E.H. 11] Furthermore, when the danger is associated with matters of Segula [unnatural] then only when people beware from doing it does the Segula danger apply, while if people are no longer careful then the danger subsides completely. [Igros Kodesh 2:144] Alternatively, today the Ruach Raah no longer resides and only applies in Talmudic times, just as we rule regarding Zugos. [Rashal Yam Shel Shlomo Kol Habasar 12; See regarding garlic: Zivcheiy Tzedek 116:61; Kaf Hachaim Y.D. 116:92]

[116] Igros Kodesh 2:144

The reason: As when the danger is associated with matters of Segula [unnatural] then only when people beware from doing it does the Segula danger apply, while if people are no longer careful then the danger subsides completely. [Igros Kodesh 2:144]

[117] Darkei Chaim Veshalom p. 101; Custom of Rebbe and Rebbe Rayatz, brought below

[118] Kaf Hachaim [Falagi] 24:40

[119] Hamelech Bemisibo Vol. 1 p. 270

[120] Hiskashrus ibid

[121] Rav Eli Landau relates that his father did not do so, and that it was never considered specifically a Chabad custom to do so, and there were always some who did and others who did not, the latter being in the majority.

[122] Michaber 170:22; Tur 170:16; Tamid 27b; Tashbeitz 286; Sefer Chassidim 111; Kneses Hagedola 116:38; Kaf Hachaim Y.D. 116:97; Hamelech Bemisibo Vol. 1 p. 269-270 that a) this is the correct thing to do [Reply of Rebbe to Rav Yaakov Katz, in opposition to Rav Zalman Duchman] and b) That this is a totally separate matter from the above. The practical ramification between the previous Halacha and this one is regarding if it is to be done even if no one else will be drinking from the cup.

[123] The reason: This is done to clean the cup from any possible germs that the person being offered may be opposed to consuming.

[124] Michaber Y.D. 339:5; Rama O.C. 455:1; Admur O.C. 206:14; 455:15; Kol Bo; Mordechai Remez 593; See Gesher Hachaim 3; Sefer Shemiras Haguf Vihanefesh [Lerner] 186:1

Other opinions: In many communities, it is no longer customary to spill the water after the death of someone in the neighborhood. [See Sefer Shemiras Haguf Vihanefesh [Lerner] 186:1 footnote 2] Some Poskim rule that one may be lenient in a case of loss. [Beis Yitzchak Y.D. 2:103; Divrei Malkiel 4:94; Har Tzevi Y.D. 261; Sdei Chemed; Yabia Omer 1 Y.D. 23; Sefer Shemiras Haguf Vihanefesh [Lerner] 186:5]

[125] The reason: Several reasons are given behind this custom: a) There is danger involved if one does not spill the water. [Admur ibid and ibid] as the angel of death places a drop of poisonous blood into the water, and one who drinks from it endangers his life. [Admur 206:14; Taz 339:4-only reason; 2^nd reason in Shach 339:9; Tashbatz 444; Kol Bo 114; Mordechai Remez 593; Olas Tamid 206:5 that so is main reason; Levush 455:6; Kaf Hachaim 206:45] The Tashbatz writes that a person once drank this water and died shortly afterwards. [Shach ibid; See Beir Heiytiv 339:5 for full story] b) This is done to publicize that there is a death and prevent the need of verbally informing people, as one who informs another of a death is considered to be “spreading evil tongue.” [1^st reason in Shach ibid; Maharil] See Mavor Yabok Sefas Emes 23; Damesek Eliezer 49

[126] Birkeiy Yosef 339:8, brought in Pischeiy Teshuvah 339:4, Rav Akiva Eiger 339; Yad Avraham 339; Poskim in Nitei Gavriel 8:7-8 footnote 11 and 15; See Sefer Shemiras Haguf Vihanefesh [Lerner] 186:9-10

Other opinions: Some Poskim rule it is not necessary to spill the water. [See Poskim in Nitei Gavriel 8:7-8 footnote 12 and 16]

[127] Shemesh Tzedakah Y.D. 36; Tosfos Shabbos 211:1, brought in Rav Akiva Eiger 339; Pischeiy Teshuvah 339:4; Aruch Hashulchan; Sefer Shemiras Haguf Vihanefesh [Lerner] 186:7 footnote 7

The reason: As we do not publicize a death on Shabbos, as well as that the angel of death does not enter his sword in the water on Shabbos. [ibid]

Other opinions: Some Poskim rule one is to spill the water even on Shabbos. [Birkeiy Yosef; Pischeiy Teshuvah 339:4 says to spill after Shabbos; Sefer Shemiras Haguf Vihanefesh [Lerner] 186:7]

[128] P”M 455 M”Z 3; Poskim in Nitei Gavriel 8:6 footnote 9; See Sefer Shemiras Haguf Vihanefesh [Lerner] 186:8

Other opinions: Some Poskim rule it is not necessary to spill the water on Yom Tov. [See Poskim in Nitei Gavriel 8:6 footnote 9-10]

[129] Chamudei Daniel, brought in Pischeiy Teshuvah 339:5

[130] Beis Yitzchak Y.D. 50; Maharsham 3:375; Poskim in Nitei Gavriel 8:3 footnote 4; Sefer Shemiras Haguf Vihanefesh [Lerner] 186:4

[131] Tuv Taam Vadaas Tinyana 279; Halef Lecha Shlomo Y.D. 316; Sefer Shemiras Haguf Vihanefesh [Lerner] 186:3

[132] See M”A 455:9; Darkei Moshe 455:7; Beis David 181; Nitei Gavriel 8:16

[133] See Nachamu Ami p. 17

[134] Admur 455:16 omits ruling of Darkei Moshe and M”A ibid regarding covered, and even in the case of placing metal Admur explicitly writes it regarding the Tekufa; Likewise, see Admur in Shemiras Hanefesh Vehaguf Halacha 7 regarding food under the bed that it is problematic even if covered.

[135] SAEE Sefer Shemiras Haguf Vihanefesh [Lerner] 186:12

[136] Taz 339:4 based on Tosafos Kesubos

[137] Chamudei Daniel, brought in Pischeiy Teshuvah 339:6

[138] In an apartment building, this would include up to two floors above and below the apartment of the deceased. [See Poskim in Nitei Gavriel 8:12 footnote 24

[139] Gilyon Maharsha 339; Poskim in Nitei Gavriel 8:11 footnote 23

[140] Nekudos Hakesef 339; Beir Heiytiv 339:5

[141] See Nitei Gavriel 8:2

[142] Nitei Gavriel 8:13 in name of Tuv Tam Vadas 1:102 and other Poskim

[143] Admur 206:14; M”A 206:8; Sefer Chassidim 851; Olas Tamid 206:5; Kneses Hagedola O.C. 204, brought in Rav Akiva Eiger 339; Ely Raba 202:1; M”B 206:26; Kaf Hachaim 206:45; Sefer Shemiras Haguf Vihanefesh [Lerner] 186:15

[144] The reason: Even according to those opinions who say that the reason for the custom of spilling out the water in the neighborhood of the person who passed away is because the angel of death places a drop of blood of death into the water, and one who drinks from it endangers his life, nonetheless, [the verse in Koheles 8:5 states that] one who guards a Mitzvah will know no evil. Nonetheless, once one has already drank a little from it and accomplished that his blessing is no longer in vain, then he is to pour out the rest of it due to this worry danger. [Admur ibid]

[145] Admur 455:15; Rama 455:1; Shach 339:9; Mordechai Remez 593; Rokeiach 275; Bach 455; Levush 455:6; Sefer Shemiras Haguf Vihanefesh [Lerner] 186:6

[146] Admur ibid; Rama ibid; Mordechai ibid; Beis Yosef 455

The reason: As the verse [Koheles 8:5] states “One who guards a Mitzvah will know no evil” [Admur ibid; M”A 455:7; Taz 455:3; Levush 455:6; Rebbe Yehuda Hachassid; Mordechai ibid]

[147] Admur ibid; Taz 455:3; Chok Yaakov 455:7

Other opinions: Some Poskim rule

[148] Admur 455:16; Taz 455:3; Chok Yaakov 455:7; Kaf Hachaim 455:34

[149] Admur ibid; Rama 455:1; Maharil p. 34; Minhagim Tirana Erev Pesach p. 35

[150] See Sefer Shemiras Haguf Vihanefesh [Lerner] 186:14

[151] Adnei Paz 26, brought in Pischeiy Teshuvah 339:4; See Poskim in Nitei Gavriel 8:20

[152] Pischeiy Teshuvah 339:4; See Poskim in Nitei Gavriel 8:20

[153] See Sefer Shemiras Haguf Vihanefesh [Lerner] 186:13

[154] Teshuvas Beis Yehuda Y.D. 1:46, brought in Rav Akiva Eiger 339; Birkeiy Yosef 339; Beis David 161; Pischeiy Teshuvah 339:4; Gilyon Maharsha 339; Yad Avraham 339; See Poskim in Nitei Gavriel 8:19 footnote 33

[155] Pischeiy Teshuvah ibid; Sefer Shemiras Haguf Vihanefesh [Lerner] 186:6

[156] Aruch Hashulchan 339:9; Poskim in Nitei Gavriel 8:19 footnote 34

[157] Nitei Gavriel 8:7; 135:7

[158] Chamudei Daniel, brought in Pischeiy Teshuvah 339:5; Sefer Shemiras Haguf Vihanefesh [Lerner] 186:2

[159] Admur C.M. Shemiras Haguf Vehanefesh 4; Michaber 427:9-10; Rambam Rotzeiach 11:5

^[160] Admur Hilchos Shemiras Guf Vinefesh Halacha 4 “One may not place one’s mouth on a faucet which water streams from and drink”; Michaber C.M. 427:9; Rama Y.D. 116:6 “It is forbidden to place one’s mouth on a stream of water and to drink, due to a worry of danger”; Rambam Rotzeiach 11:6; Avoda Zara 12b; Kitzur SHU”A 33:7; Sefer Shemiras Haguf Vihanefesh [Lerner] 48:1

[161] Admur C.M. Shemiras Haguf Vehanefesh 4; Michaber 427:9-10; Rambam Rotzeiach 11:5

^[162] The reason: As perhaps he will swallow a water leach. [Admur ibid; Michaber ibid; Rambam ibid; Talmud ibid] A water leach is a small worm that is found in water and when it comes in contact with the skin of a person it sucks out the blood until it inflames to [the size of a] small barrel, and when a person swallows it in water it sucks moisture out from his stomach and causes his stomach to become swollen. [Admur Orach Chayim 328:6]

[163] Kaf Hachaim 116:52

[164] Kaf Hachaim 116:50

^[165] Admur Hilchos Shemiras Guf Vinefesh Halacha 4 Michaber C.M. 427:9; Rambam Rotzeiach 11:6; Avoda Zara 12b; Peri Chadash 116 Y.D. 9; Kaf Hachaim 116:50-51; Sefer Shemiras Haguf Vihanefesh [Lerner] 48:2

[166] Admur ibid; Peri Chadash 116 Y.D. 9; Avoda Zara 12b

[167] Admur ibid; Peri Chadash ibid; Avoda Zara ibid and Rashi there; Kaf Hachaim 116:51

[168] Admur ibid; Michaber C.M. 427:9 “One is not to drink at night from wells and lakes.”; Rama Y.D. 116:5 “It is forbidden to drink water from the river at night.”; Rambam ibid; Kitzur SHU”A 33:7; Sefer Shemiras Haguf Vihanefesh [Lerner] 48:3

[169] Admur ibid; Michaber ibid; Rambam ibid

[170] Admur ibid; Peri Chadash 116 Y.D. 9; Avoda Zara 12b

[171] Rashi Avoda Zara ibid

[172] Admur ibid; Rashi ibid; Rashbam Pesachim 112a

[173] Implication of Admur in continuation of this Halacha regarding drinking in the dark on Friday and Tuesday night

^[174] Admur C.M. Shemiras Haguf Vehanefesh 4 in parentheses; Pesachim 112b; Peri Chadash 116 Y.D. 9 “Proper to beware”; Rabbeinu Chananel Pesachim ibid; Rashbam Pesach ibid; Atzei Haolah 116:29; See Sefer Shemiras Haguf Vihanefesh [Lerner] 48:4 footnote 4 in length

Other opinions: Some Poskim rule that in todays times there is no longer any need to beware of this matter either due to Shomer Pesaim Hashem, or due to that this evil spirit is no longer around today. [Peri Chadash 116; Imrei Yaakov 10:19]

[175] The reason: The reason for this is because of danger of the evil spirit. [Admur ibid; Pesachim ibid]

[176] Rashbam ibid

[177] Admur ibid; Pesachim ibid

[178] See Admur 291:2; Opinion in Rama 291:2; Tosafus Pesachim 105a; Rosh Pesachim 13; Mordechai Pesachim; Midrash Socher Tov 11:6; See Kaf Hachaim 291:16-17; Piskeiy Teshuvos 291:3; Sefer Shemiras Haguf Vihanefesh [Lerner] 130 footnote 1 in length

Background: Between Mincha and Maariv, during the period of Bein Hashmashos of Motzei Shabbos, it is forbidden to drink drawn water due to Sakana. This applies even if one is in the midst of a meal, or is after the meal. The reason for this is because by Motzei Shabbos, this is close to the time that the souls return to Gehenom, and a person who drinks water from the river at that time is stealing from the dead which cool themselves off in the water before they return to Gehenom. [1^st and Stam opinion in Admur ibid and Rama ibid and Tosafus and Rosh ibid] However, some Poskim rule that this danger applies specifically by Bein Hashmashos on Erev Shabbos as at that time the souls cool off when they leave Gehenom, and there is hence a danger to drink from the water of the river at that time. [2^nd opinion in Admur ibid and Rama ibid; Girsas Rabbeinu Meshulam in Midrash, brought in Tosafus and Rosh; Levush 291:3; Tosefes Shabbos 291:8] Practically, it is proper to suspect for their words. [Admur ibid; Elya Raba 291:9; Bach 291]

[179] Admur ibid; Rama ibid; Hagahos Maimanis 30

[180] Opinion in  Rama ibid; Rabbeinu Yechiel, brought in Tosafus ibid

[181] Omitted from Admur ibid

^[182] Admur Hilchos Shemiras Haguf Vinefesh 9; Pesachim 111a; Rashi Pesachim ibid; Atzei Haolah Y.D. 116:25; See Sefer Shemiras Haguf Vihanefesh [Lerner] 46:2

^[183] Chidushei Rebbe Akiva Eiger, brought also in Hakashrus page 427

^[184] Admur Hilchos Shemiras Haguf Vinefesh 9; Pesachim 111b; Shemiras Hanefesh 322; Kaf Hachaim O.C. 170:79; Y.D. 116:208; Likkutei Maharich; Atzei Haolah Y.D. 116:25; See Sefer Shemiras Haguf Vihanefesh [Lerner] 46:3

[185] Literally, “Kasheh Likilyon Eiynayim.” Compare this to earlier regarding one who brushes his hair while dry “Nosein Ivaron Leor Eiynav.” Vetzaruch Iyun on the difference of wording.

[186] Yabia Omer 1 Y.D. 23:2 in name of Maaseh Hameis

^[187] Admur Hilchos Shemiras Haguf Vinefesh 9; Chulin 105b; Shnei Luchos Habris; Shemiras Hanefesh 302; Kaf Hachaim O.C. 170:82; Y.D. 116:204; Sefer Shemiras Haguf Vihanefesh [Lerner] 41

[188] Shnei Luchos Habris p. 80; Elya Raba 170:24; Likkutei Maharich p. 112; Shemiras Hanefesh 302; Kaf Hachaim 116:204; Sefer Shemiras Haguf Vihanefesh [Lerner] 40:2

[189] Rambam Deios 4; Shemiras Hanefesh 306; Kaf Hachaim 116:205

[190] Rambam Deios 4; Shemiras Hanefesh 306; Kaf Hachaim 116:205

[191] Rambam Deios 4:17; Kaf Hachaim 116:205

[192] Zivcheiy Tzedek Y.D. 116:125; Nishmas Chaim Mamar Shelishi 10; Shemiras Hanefesh 132; Sefer Zechira; Kaf Hachaim 240:15; Y.D. 116:179; Sefer Shemiras Haguf Vihanefesh [Lerner] 125

[193] Shemira Meialya 73; Kaf Hachaim Y.D. 116:179

[194] Gittin 70a; Chupas Eliyahu Raba 3, in end of Reishis Chochmah; Miseches Derech Eretz Zuta regarding Torah scholar; Aruch Hashulchan O.C. 179:9; Y.D. 116:15; Kaf Hachaim O.C. 155:25; Y.D. 116:90; Likkutei Maharich 1; See M”B 296:6; Sefer Shemiras Haguf Vihanefesh [Lerner] 25:1; Ein Lamo Michshol 1 p. 376

[195] Yifei Laleiv 155:6; Kaf Hachaim O.C. 155:25

[196] Admur 296:15; M”A 296:4; Mateh Moshe 509; Maharil 8; Elya Raba 296:6

[197] Elya Raba 296:14; Beir Heiytiv 170:16; Kitzur Halachos 296 footnote 14

[198] Ben Ish Chaiy Bereishis 2:29; Rav Poalim 2:45 that a) The world is not careful in this b) The Rambam omitted this Talmudic warning, c) Perhaps this is due to Nishtaneh Hativim; Orchos Rabbeinu 3:222 that so was witnessed by Steipler to drink water and coffee while standing, and that perhaps the restriction and danger only applies by a set meal and drink, and not by a mere snack, or water to quench one’s thirst; Shilhi Dekayta 49 in name of Rav Chaim Kanievsky that the custom is to be lenient when traveling; Aderes Tiferes 5:61; Even Yisrael 9:199; Ein Lamo Michshol ibid

[199] Ben Ish Chaiy ibid; Rav Poalim ibid; See Darkei Chaim Veshalom 278 that he would eat even a snack while sitting

^[200] Admur Hilchos Shemiras Guf Vinefesh 5; Shabbos 129b “There are five things that if a person does them, he is closer to death than to life and they are the following…”; Peri Chadash Y.D. 116:9; Kaf Hachaim 116:89

[201] Shabbos 129b; Kaf Hachaim 116:89

[202] Teshuvos Hageonim in Sefer Neharos Damesek 276; Shemiras Hanefesh 317; Kaf Hachaim 116:206

[203] Horiyos 13b; Hagahos Rebbe Akiva Eiger 2:3; Aruch Hashulchan 2:5; Ben Ish Chaiy Pinchas 2:17; Kaf Hachaim Falagi 24:44; Kaf Hachaim O.C. 157:28; Y.D. 116:168; Sefer Shemiras Haguf Vihanefesh [Lerner] 49:1

[204] Hagahos Yaavetz; Sefer Shemiras Haguf Vihanefesh [Lerner] 49:2

[205] Sefer Zikaron 12; Teshuvos Hageonim 276

[206] Chazon Ish, brought in Sefer Zikaron 2:12; Shulchan Chaiy 76; Sefer Shemiras Haguf Vihanefesh [Lerner] 49:3

[207] Shemiras Hanefesh 277 in name of Sefer Chassidim; Kaf Hachaim 116:207

[208] Horiyos 13b; Aruch Hashulchan 2:6; Taharas Hakodesh 2:9; Sefer Zikaron 2:24; Sefer Shemiras Haguf Vihanefesh [Lerner] 50

[209] Sefer Zikaron ibid; Sefer Shemiras Haguf Vihanefesh [Lerner] 50:2

[210] Bach Y.D. 403; Rokeiach; Shibulei Haleket Hilchos Semachos 23; Shemiras Hanefesh 316; Sefer Shemiras Haguf Vihanefesh [Lerner] 51

[211] Zechor Leavraham, brought in Shemiras Hanefesh ibid

[212] Shibulei Haleket ibid8

[213] Michaber 170:16; Derech Eretz Raba 9; Tzavaas Rebbe Eliezer Hagadol 16; Kaf Hachaim O.C. 170:59; Y.D. 116:97; See Piskeiy Teshuvos 170:20; Sefer Shemiras Haguf Vihanefesh [Lerner] 42

[214] The reason: As one’s friend may feel compelled to drink from it due to embarrassment, and will end up falling ill and die due to being repulsed from having drunk from his friends cup. [M”A 170:21; Taz 170:8 in name of Bach 170 in name of Rashal] Alternatively, the reason is because once friend may have an illness from which one can die from. [Taz 170:8 in name of Rebbe Eliezer Hagadol 16]

[215] Taz 170:8 in name of Tzavaas Rebbe Eliezer Hagadol ibid and that so is the witnessed custom of people to be very careful not to drink from the cup of another; Peri Toar Y.D. 116:6

The reason: The reason for this is to prevent catching any disease or bad germs from him. [Taz ibid]

Other opinions: Some Poskim rule that the entire issue is simply with being offered a drink from another however one may decide on his own to drink from the cup if he desires. [Taz 170:8 in name of Bach 170 in name of Rashal; Implication of M”A ibid]

[216] Peri Toar 116:6

[217] Shulchan Hatahor 170:16

[218] Zivcheiy Tzedek 2:27

[219] Piskeiy Teshuvos ibid footnote 96

[220] Michaber 170:22; Tur 170:16; Tamid 27b; Tashbeitz 286; Sefer Chassidim 111; Kneses Hagedola 116:38; Aruch Hashulchan 170:19; Kaf Hachaim Y.D. 116:97; Darkei Teshuvah 116:99; See Hamelech Bemisibo Vol. 1 p. 269-270 that a) this is the correct thing to do [Reply of Rebbe to Rav Yaakov Katz, in opposition to Rav Zalman Duchman] and b) That this is a totally separate matter from the above.

[221] M”B 170:37

[222] The reason: This is done to clean the cup from any possible germs that the person being offered may be opposed to consuming. This is done either due to the germs being repulsive [Michaber ibid] or due to it spreading disease. [Taz 170:8 in name of Rebbe Eliezer Hagadol]

[223] M”B 170:37 based on Taz 170:8 in name of Rebbe Eliezer Hagadol; See Shaar Hatziyon 170:30; Kaf Hachaim 170:76

[224] Pesachim 111a; Siddur Yaavetz Kisei Shein Hanhagas Haseuda; Mili Dechassidussa 50; Darkei Teshuvah 116:70; Likkutei Maharich Sefer Shemiras Haguf Vihanefesh [Lerner] 42:2

[225] Mili Dechassidussa 50; Darkei Teshuvah 116:70

[226] Mili Dechassidussa 50; Darkei Teshuvah 116:70

[227] Mili Dechassidussa 50; Darkei Teshuvah 116:70 Mili Dechassidussa 50; Darkei Teshuvah 116:70

[228] Midrash Pinchas; Taamei Haminhagim 298 Kuntrus Achron 36

[229] See Kaf Hachaim 170:20; Sefer Shemiras Haguf Vihanefesh [Lerner] 28

[230] Pesachim 109b “A person should not eat two, or drink two”; Tur 170 “Due to danger” [See Bach and Perisha ibid]; Taz O.C. 170:5

[231] Rashbam Pesachim ibid; See Meiri Pesachim 109b and Sefer Shemiras Haguf Vihanefesh [Lerner] 28 footnote 1 in length

[232] Pesachim ibid

[233] Beis Yosef O.C. 170; Elya Raba 170:14; Tosafus Yuma 77b and Chulin 107b “Today we are no longer careful in this as there is no longer any danger in this”; Tashbeitz 550; Maharikash 170; Machazik Bracha 170:2; Bris Olam 477; Aruch Hashulchan Y.D. 116:16; Kaf Hachaim ibid; See also Michaber 170:11; Sefer Shemiras Haguf Vihanefesh [Lerner] 28 footnote 1 in length

[234] Otzer Hachaim 112; Darkei Chaim Veshalom 287; Minchas Elazar 3:66-2

Custom of Chazon Ish: The Chazon Ish was accustomed not to eat an even number of eggs.

[235] See Rama Y.D. 177:1; Admur 301:33; Mishneh Shabbos 67a; See Rama Y.D. 178:1 “This is only forbidden if the clothing of the gentiles are worn by them for sake of frivolity [pritzus] or it is a gentile custom that has no logic behind it, as in such a case there is room to suspect that the custom derives from the Emorite customs, and that it derive from practices of idolatry passed down from their forefathers.”; Maharik 88; See Kapos Temarim Yuma 831 and Chavos Yair 234 that Darkei Emori applies towards practices that the gentiles developed as a result of idolatry, that they believed that these actions invoke their G-ds to give assistance. See also Ran on Shabbos 67a; See Admur 301:33 “Any medical treatment that works in accordance to Segulah [i.e. supernatural causes] rather than natural cause and effect [i.e. scientifically based] does not contain the prohibition of Darkei Emori so long as it is recognizable [to the onlookers] that it’s intent is for the sake of healing”; See Igros Moshe E.H. 2:13; Y.D. 4:11-4; O.C. 5:11-4; See Mishneh Halachos 12:137 “This is not a Jewish custom, and is certainly not a custom of meticulous Jews [i.e. Vasikin]…to recite ”Bless you” after a sneeze we have heard of, however what does this have to do with pulling at the ear, and one should not do so due to it being the ways of the gentiles”

[236] See Hagahos Maimanis Avoda Zara 11:1 in name of Yireim 313; Beis Yosef Y.D. 178; Sheiris Yaakov 12; Darkei Teshuvah Y.D. 179:30; Rashba 1:167; 825; 2:281; Halef Lecha Shlomo Y.D. 115; Talumos Leiv 3:57-3

[237] Shiltei Hagiborim Avoda Zara 9a, brought in Pischeiy Teshuvah 179:3; Possible understanding of Rama 179:3, as initially explained in Taz 179:2; See Yerushalmi Terumos 8:3 that one needs to suspect for that which people worry of danger; Sefer Chassidim 261 that there is danger involved in matters that people believe to be dangerous; Minchas Yitzchak 9:8

[238] Kitzur SHU”A 32:18

[239] Rambam Deios 4:12

[240] See Rambam Hilchos Deios 4:12; Tzeida Laderech Kelal Shelishi Chapter 5 [written by Rabbi Menachem Ben Zerach who was a doctor and student of the grandson of the Rosh] There he writes that young people should not drink wine being that it causes them damage, as it arouses their natural adrenaline and hormones, and is like one who further stokes an already flaming fire. From this description it can be understood that the definition of young extends throughout the teenage years when adrenaline and hormones are at their peak. He then furthermore adds “the greatest of the doctors has not allowed young people to drink wine until the age of 21.”; Kitzur SHU”A 32:18; https://www.cdc.gov/alcohol/fact-sheets/minimum-legal-drinking-age.htm#:~:text=Minimum%20Legal%20Drinking%20Age%20(MLDA)%20laws%20specify%20the%20legal%20age,United%20States%20is%2021%20years.

[241] Rambam Deios 4:9; Kitzur SHU”A 32:14

[242] Michaber 552:2

[243] Michaber 179:6; Rama O.C. 170:22; Brachos 40a; Sefer Shemiras Haguf Vihanefesh [Lerner] 27:2

[244] Michaber ibid

[245] Rama ibid

[246] M”A 179:8; P”M 179 A”A 8; M”B 179:18; See Kaf Hachaim 179:8

[247] See Michaber 183:2; Admur 183:3; P”M 183 A”A 2 in name of Maharal; Kaf Hachaim 183:6 Sefer Shemiras Haguf Vihanefesh [Lerner] 52

[248] Sefer Zechira; Shemiras Hanefesh 113; Kaf Hachaim 116:171; Sefer Shemiras Haguf Vihanefesh [Lerner] 53 footnote 1 in length; Omitted from list in Chupas Eliyahu and Kol Bo

[249] Sefer Zechira Sefer Shemiras Haguf Vihanefesh [Lerner] 53:2

[250] Brachos 43a

[251] Igros Kodesh 11:375, and whoever is more careful in this adds to his eyesight

A directive of the Rebbe to an individual to use red wine: See JEM “Here’s My Story” of 16^th Sivan 5773 that Dr. Leonard Lovitch [a surgeon living in LA] received a directive from the Rebbe to be particular to drink only red wine for Kiddush and Havdalah as a Segulah for his dislocated eye, and failing eyesight, to return to normal, which miraculously a few weeks later after drinking red wine for Kiddush and Havdalah! Nonetheless, as with all private directives of a Rebbe [i.e. Horah Pratis], no Halachic matters, or even acts of piety can be derived from this story, as it was a Tikkun meant for that individual, and does not come to add or subtract from the Halacha explained above, which is the directive for the masses.

[252] Igros Kodesh 11:375, printed in Shulchan Menachem 2:66; See Pirkei Derebbe Eliezer 20 in Pirush Radal

[253] Rashi Brachos ibid and Shabbos ibid

[254] Perisha 269; Igros Kodesh 12:226, printed in Shulchan Menachem 2:145; See Admur 296:5

[255] Tur 269 and Tosafus Pesachim 110a in name of Rav Nutranaiy Gaon; See Maharsha Brachos ibid, Perisha ibid; Igros Kodesh 12:226, printed in Shulchan Menachem 2:145 and footnote 2 there

[256] Igros Kodesh, printed in Shulchan Menachem ibid footnote 6; See Eiruvin 65a; Sanhedrin 38a and Rashi there

[257] Admur 473:50; Rama 473:7; Maharil Seder Haggadah p. 106 in name of Rokeiach; See Kaf Hachaim 473:163-168; Piskeiy Teshuvos 473:31; Sefer Shemiras Haguf Vihanefesh [Lerner] 134:2

[258] Regarding the meaning these abbreviations: See Abudarham; Kaf Hachaim 473:166; The Yerushalmi states that these abbreviations were inscribed on the staff of Aaron.

[259] Admur ibid; M”A 473:29; Darkei Moshe 473:18; See Kaf Hachaim 473:167

[260] Siddur Admur; Mishnas Chassidim 11:2; Nehora Hashaleim; Kaf Hachaim 473:164

[261] Siddur Admur

[262] Haggadah of Rebbe

[263] Pesach Meubin 261; Kaf Hachaim 473:168

[264] Admur in Siddur; Chok Yaakov 473:37; Mishnas Chassidim 11:16

Other customs: Some are accustomed to discard the remainder of the wine and refill the cup anew. [Chok Yaakov ibid in name of Pesach Meubin 261; brought in Haggadah of Rebbe] Others are accustomed to use a different cup of wine for the sake of the pouring, as opposed to the second cup that was poured by Mah Nishtaneh. [Kaf Hachaim 473:165]

[265] Haggadah Chaim Lerosh; Piskeiy Teshuvos 473:31; So is the widespread custom

[266] Kitzur SHU”A 32:17

[267] Rambam Deios 4:2; Kitzur SHU”A ibid; Maggid Meisharim Bereishis; Vayimaher Avraham [Falagi] Mareches Mayim 288; Segulos Yisrael Mareches Mem 26; Sefer Shemiras Haguf Vihanefesh [Lerner] 43; See Kaf Hachaim 157:15

[268] Maggid Meisharim Bereishis; Vayimaher Avraham [Falagi] Mareches Mayim 288

[269] Vayimaher Avraham [Falagi] Mareches Mayim 288; Segulos Yisrael Mareches Mem 26

[270] Rambam Deios 4:2; Kitzur SHU”A 32:17

[271] Rambam Deios 4:17; Kitzur ibid

[272] Kaf Hachaim 155:23; See Yifei Laleiv 155:5; Iyun Yaakov 72b

[273] Segulas Yisrael

[274] Kaf Hachaim 155:23; Ashel Avraham Butchach 155

[275] Admur 271:3; M”A 271:1; Beir Heiytiv 271:1; Kaf Hachaim 271:2; Piskeiy Teshuvos 271:4; Sefer Shemiras Haguf Vihanefesh [Lerner] 129

[276] Tikkunei Shabbos; Maharil 163

Other opinions: Some Poskim rule there is no need to worry of this issue as the Jewish people are not under the authority of the Mazalos, and certainly on Shabbos there is no need to worry of this matter. [Aruch Hashulchan 271:11 vehemently negates this matter; Mishmeres Shalom Kudinov 27:3; See Poskim and Rabbanim in Piskeiy Teshuvos ibid footnote 45-46; This entire Halacha is omitted in M”B 271]

[277] Admur ibid; first hour of night is not mentioned in Poskim ibid, and they simply state “the beginning of the night”

Other opinions: Some Poskim rule the seventh hour is calculated in 60-minute hours at all times of the year and in all places. Thus, the time of the 7^th hour remains the same throughout the year in all areas and does not fluctuate and is not always the 1^st hour of the night. [Machatzis Hashekel 271 on M”A ibid; Igros Kodesh 12:226; 13:120 printed in Shulchan Menachem 2:71; See Maharil ibid who implies like Machatzis Hashekel; Piskeiy Teshuvos 271:3] Accordingly, due to the above, some Poskim rule that the entire issue of the 7^th hour only applies by those times of the year that the night and day have exactly 12 hours, as only then does the 7^th 60 minute hour fall out on the 1^st hour of the entrance of Shabbos. [Machatzis Hashekel 271 on M”A ibid; See Piskeiy Teshuvos ibid footnote 38] 

[278] The reason: As during the first hour of the night the Mazal of Maadim and Samal rule over the person. [Admur and Poskim ibid; See the following for the exact calculation of the schedule of the Mazalos: Rashi Shabbos 129b; Machatzis Hashekel on M”A ibid; Levush 428; Igros Kodesh 13:120, printed in Shulchan Menachem 2:71; Piskeiy Teshuvos ibid] The Mazal of Maadim is in charge of destruction and war, and is under the authority of the Satan. [Machatzis Hashekel on M”A ibid]

[279] Admur ibid

Alternative reasons for saying Kiddush before 7^th hour: Some Poskim write one is to specifically say Kiddush in the 6^th hour, prior to the 7^th hour, not because of the requirement to say Kiddush immediately upon arrival, but because during the 6^th hour the Mazal of Tzedek shines, and one should make Kiddush during this Mazal. [M”A ibid; Tikkunei Shabbos ibid; Beir Heiytiv ibid] Vetzaruch Iyun why this was omitted by Admur

[280] See Shulchan Menachem 2:71-75

[281] So is the practical custom today; See Igros Kodesh 12:226; 13:120; letter printed in Shulchan Menachem 2:71; Oholei Sheim 7:206; Hiskashrus 379 footnote 32

[282] See Poskim and Rabbanim in Piskeiy Teshuvos ibid footnote 45-46; See Igros Kodesh ibid that people wrote to the Rebbe that the custom in Eretz Yisrael is not to be careful in this. In one letter the Rebbe asks for verification of the source of this custom and for its reason. In a later letter the Rebbe suggests that if this custom is correct, then perhaps the reason is because one who guards a Mitzvah knows no evil, and hence they never accepted this custom to begin with. However, the Rebbe negates the suggestion that the reason is because there are no Mazalos in Eretz Yisrael as in truth there are. See Piskeiy Teshuvos ibid that many communities in Eretz Yisrael are careful.

[283] Heard from Rav Groner

[284] See Shulchan Menachem 2:71-75 for letters of Rebbe on subject; Piskeiy Teshuvos 271:4; Nesivim Besidei Hashlichus 1:57; Minhag Avoseinu Biyadeinu 115; Hiskashrus 379

Background:

Above we stated that some avoid making Kiddush during the 7^th hour and that so is the Chabad custom. There are various methods of how to calculate the 7^th hour, based on difference of Chatzos and the time span of each of the seven hours.

When is Chatzos? The time of Chatzos/Midday is the time between sunrise and sunset. Accordingly, the time of the 7^th hour fluctuates every Shabbos based on that day’s sunset and sunrise and subsequent Chatzos, and this is how Admur rules in the Shulchan Aruch. Nevertheless, the custom is to calculate the 7^th hour from the average Chatzos [Chatzos Haemtzai] as opposed to the real Chatzos. [Chatzos Haamiti].

How long is each hour? There are two calculations of hours available. One is based on an equal 60-minute hour, while the second is called Shaos Zemaniyos, which is based on the number of minutes in the day divided by 12. Admur ibid rules we follow Zemaniyos hours. Nevertheless, the custom is to calculate 60-minute hours.

The three calculations: Based on the above, there are three possible calculations of the 7^th hour: 1) The seventh Zemaniyos hour past that day’s true midday. [Admur ibid; Implication of M”A ibid; Poskim in Piskeiy Teshuvos ibid footnote 4] 2) The seventh 60 minute hour past that days true midday. [Option in Igros Kodesh ibid, brought in Shulchan Menachem ibid; 2^nd option in Piskeiy Teshuvos ibid footnote 38] 3) The seventh 60^th minute hour past the general average midday. [Machatzis Hashekel ibid; Letters in Shulchan Menachem ibid; 1st option in Piskeiy Teshuvos ibid footnote 38]

[285] Implication of M”A ibid; Third option brought in Piskeiy Teshuvos ibid and Poskim there in footnote 41

[286] The time of Chatzos/Midday is the time between sunrise and sunset. Thus, according to Admur ibid, the time of the 7^th hour from midday fluctuates every Shabbos based on that day’s sunset and sunrise and subsequent Chatzos. According to Admur one must say that Chatzos is the Chatzos Haamiti, and that the hours are calculated as Zemaniyos, as otherwise the first hour of Shabbos would not always be the seventh hour.

[287] See Piskeiy Teshuvos ibid footnote 41 that this should follow the first hour from sunset, although the custom is to calculate one hour from Tzeis.

[288] Some Poskim rule the seventh hour is calculated in 60-minute hours at all times of the year and in all places. Thus, the time of the 7^th hour remains the same throughout the year in all areas and does not fluctuate and is not always the 1^st hour of the night. [Machatzis Hashekel 271 on M”A ibid; See Maharil ibid who implies like Machatzis Hashekel; Igros Kodesh 12:226; 13:120; Likkutei Sichos 16:576, printed in Shulchan Menachem 2:71; Piskeiy Teshuvos 271:3]  Accordingly, due to the above, some Poskim rule that the entire issue of the 7^th hour only applies by those times of the year that the night and day have exactly 12 hours, as only then does the 7^th 60 minute hour fall out on the 7^th hour of the entrance of Shabbos. [Machatzis Hashekel 271 on M”A ibid; See Piskeiy Teshuvos ibid footnote 38] 

[289] Igros Kodesh 12:226; 13:120; Likkutei Sichos 16:576, printed in Shulchan Menachem 2:71

[290] Machatzis Hashekel ibid; Igros Kodesh ibid; There are two calculations of hours available. One is based on an equal 60-minute hour, while the second is called Shaos Zemaniyos, which is based on the number of minutes in the day divided by 12. Regarding the above matter we follow 60-minute hours throughout the year, and not Shaos Zemaniyos.

The reason: The reason for this is because the Mazalos do not follow Shaos Zemaniyos, but rather an exact 60 minutes. [Igros Kodesh 12:226, printed in Shulchan Menachem 2:71]

[291] Likkutei Sichos ibid

[292] Igros Kodesh ibid

[293] Igros Kodesh ibid

Other opinions: Some Poskim rule based on the above that the entire issue of the 7^th hour only applies by those times of the year that the night and day have exactly 12 hours, as only then does the 7^th 60-minute hour fall out on the 7^th hour of the entrance of Shabbos. [Machatzis Hashekel ibid; See Piskeiy Teshuvos ibid footnote 38]

[294] Shulchan Menachem ibid footnote 5; Piskeiy Teshuvos 271:3, See there footnote 39 in length for the exact times in Israel and New York and London, and how to calculate the average Chatzos.

Explanation:  Israel has an earlier sunrise than Egypt, however the clock of Israel is symmetric to the clock in Egypt even though in truth we are several minutes ahead of Egypt; when it is 12:00 in Israel it is 12:00 in Egypt. Thus, the average Chatzos in Israel is earlier than the average Chatzos in Egypt, which is at 12:00, and hence the true average Chatzos in Israel is when it is 11:40 in Israel. For this reason, the custom in Eretz Yisrael is to view Chatzos from 11:40-12:40. [See Shulchan Menachem ibid footnote 5; Yisrael Vehazmanim 1:43-44]

[295] Directive of Rav Z”S Dworkin; Rav Groner states that the Rebbe negated the former opinion and held of 6:00-7:00 in all places; See also Igros Kodesh ibid where the Rebbe mentions 6:00-7:00

[296] Pashut! Piskeiy Teshuvos 271:4; Directive of Rav Z”S Dworkin brought in Koveitz Oholei Torah; Custom of Rebbe not to make Kiddush during DSL from 7:00-8:00. [Heard from Harav L. Groner]

[297] As the average Chatzos is really at 1:00 during DST, as the clock has been pushed up an hour, and hence the true time at 1:00 is 12:00, and hence the true time as 7:00 is 6:00. Upashut!

[298] The reason: There is no source to limit the prohibition to red wine and not white wine. On the contrary, the fact that no Posek makes any differentiation is a clear ruling that in truth the wine color makes no difference, and so is the custom. Rav Leibel Groner related to me that “The Rebbe said that we do not make kiddush at that time no difference what color wine.”; Rav Eli Landau Shlita relates that there is no source or reason for allowing white wine and those who do so are performing “Purim Torah”; Nonetheless, the ruling of Rav Levi Bistritzky Z”al of the Tzfas community was to permit white wine.

[299] The reason: As the danger is in making Kiddush. No mention is made of certain forms of Kiddush being allowed.

[300] We have no source that there is danger to drink wine during this hour but simply that making Kiddush is dangerous.

[301] Letter of Rebbe printed in Shulchan Menachem 2:75

[302] Piskeiy Teshuvos 271:4 in name of Likkutei Maharich

[303] See Piskeiy Teshuvos 271:4 footnote 45

[304] The reason: Mazal Madim only shines on the first hour of the night on Friday night and not on any other night. [See Machatzis Hashekel ibid]

[305] Sefer Shemiras Haguf Vihanefesh [Lerner] 131

[306] Pirkei Derebbe Eliezer 20, brought in Tur 296

[307] Brought in Tur 296

[308] Shavuos 18b

[309] Shaar Hakavanos; Peri Eitz Chaim; Kaf Hachaim 296:7; Sefer Shemiras Haguf Vihanefesh [Lerner] 131:1

[310] Sefer Shemiras Haguf Vihanefesh [Lerner] 131:2

[311] M”A 296:4 in name of Shlah

[312] Shlah ibid

[313] Perhaps this is the reason Admur omitted this custom although it is brought in the Magen Avraham, as it is included within the custom that no one, not even men drink from the Havdalah wine.

[314] SSH”K 62:16

[315] See Minhag Yisrael Torah 272:1; Piskeiy Teshuvos 272:3-4; Chikreiy Minhagim [Gurary] 4:105; Sefer Shemiras Haguf Vihanefesh [Lerner] 53:3

[316] Ben Ish Chaiy Balak 16; See Michaber Y.D. 124

[317] Sefer Taamei Hamitzvos of Rav Menachem Habavli L.S. 360; Midrash Talpiyos Anaf Yayin p. 206; Mamar Yayin Hameshumar p. 18 of Rav Nasan Shapiro; Minchas Sotah p. 415 [custom of Titwan]; Shlah Hakadosh Shaar Haosiyos Kelal 94 Kedushas Hachila 106 p. 77 “I found in the Sefer Taamei Hamitzvos which was written by Rabbi Menachem Habavli under the prohibition against drinking Yayin Nesech as follows: In my younger days I noticed meticulous individuals who were stringent upon themselves that even if a Gentile simply looked at the wine then they would not drink it even though the Gentile did not touch it. Since he looked at it there is no longer a sign of blessing on such wine. This is an old custom. The reason for the custom is because once the Gentile sees the color of the wine or its smell, he begins lusting it in his mind, and the general thoughts of a Gentile is for idolatry. Hence, even though the wine is in the hands of the Jew, the Gentile has already imagined it in his mind. One should not be surprised at this stringency, as whoever is careful in this will merit to drink from the Yayin Hameshumar. I am very surprised to see people being lenient in this in the Gentile lands.”; Yifei Laleiv 5 Y.D. 123:1; Ruach Chaim Falagi 131:2; Zivcheiy Tzedek 3:165; Ben Ish Chaiy Balak 16; Darkei Teshuvah 123:2; Dovev Meisharim 1:124; Kinyan Torah 6:64  

[318] Makor Chaim Kitzur Halachos 183

[319] Custom of Rebbe Rashab brought in Reshimos Harabash p. 150; The Rebbe was very careful in this, and so were the Chassidim of previous generations. [Chikreiy Minhagim 4:105]

[320] Zecher Asos Mareches Yud 15; Zivcheiy Tzedek ibid that one who is lenient in this should not be protested against; Tiferes Adam Y.D. 33:2, brought in Zichronos Eliyahu [Rav Eliyahu Mani] Y.D. 10:2

[321] Shelah Hakadosh ibid

[322] Doveiv Meisharim ibid; Piskeiy Teshuvos 272:3 footnote 20-21; See Teshuvos Vehanhagos 2:401 who leaves this matter in question regarding Kiddush

[323] Teshuvos Vehanhagos ibid

[324] See Michaber Y.D. 123:3

[325] See Piskeiy Teshuvos 272:3

[326] Yifei Laleiv 5 Y.D. 123:1; See the following Poskim who leave this matter in question: Dovev Meisharim 1:124 [concludes that Chassidim are stringent]; Kinyan Torah 6:64    

[327] Divrei Yechezkel; Suggestion in Doveiv Meisharim ibid based on Avkas Rochel 121 that glass is a valid Mechitza

[328] See Piskeiy Teshuvos 272:3 footnote 24

[329] Zivcheiy Tzedek 3:165; Tiferes Adam Y.D. 33:2; Zichronos Eliyahu [Mani] 1:28; Nachalas Pinchas 1:90; Divrei Shalom 4:32; Divrei Yechezkel; Sefer Hakashrus 19 footnote 143; Reply of Rav Groner Z”al and Rav Eliyahu Landau Shlita that we are not stringent by a bottle which was never yet opened and has two Chosmos [Rav Groner “Regarding a bottle with 2 seals, we are not Machmir.”; Reply of Rav Simcha Ginsberg that we are only Makpid by wine that can become Yayin Nesech through touch

Other opinions: From some Poskim it could be understood that the issue applies even by a closed glass bottle if the glass is see through. [See Yifei Laleiv ibid from which one can understand that even a closed bottle of wine may not be seen by a Gentile, if the glass is see-through; See Dovev Meisharim 1:124 based on Shvus Yaakov 1:126] Indeed, some individuals are stringent even regarding a closed bottle. [Sefer Halichos Chaim p. 74; Piskeiy Teshuvos ibid; Chikreiy Minhagim ibid]  

[330] See Michaber Y.D. 125:10

[331] Rav Landau and Rav Groner ibid and so also related to us Rav Simcha Ginsberg and Rav Asher Lemel Hakohen

Other opinions: Rav Yossi Marlow related to us that in his family they were careful even by unopened bottles that a gentile should not see it, and that he does not understand the difference between if it is closed or open, so long as the gentile can see the wine it is an issue

[332] See Chikreiy Haminhagim ibid

[333] Ben Ish Chaiy Balak 16

[334] Admur O.C. 39:1 “He is like a gentile for all matters”; Michaber Yoreh Deah 2:5 “He is like a gentile”; Admur Y.D. 2:10 “He is a like a gentile regarding Shechita and for the entire Torah, except for Kiddushin”; Rashba 7:53; Tiferes Lemoshe 113:9 [brought in Pischeiy Teshuvah 113:1] regarding Bishul Akum [however not Pas Akum]; Erech Hashulchan 112:2; Kaf Hachaim 112:11; Ketzos Hashulchan 101:5 and Kitzur Shulchan Aruch 72: “Anyone who publicly desecrates Shabbos is considered like an idle worshiper and [thus] if he touches wine he forbids it, and the bread which he bakes is like Pas Akum, as well as the food which he cooks is like Bishul Akum.”; See Michaber 119:7 that such a Jew is like a gentile for all matters and is hence Chashud for everything; See also Michaber Y.D. 2:5 and Admur ibid

[335] See Teshuvos Vehanhagos 2:401 who leaves this matter in question; See Kaf Hachaim 4:81 regarding touching a Mumar; See Chayeh Halevi 2:51 and Piskeiy Teshuvos 272:4 who are lenient

[336] Reply of Rav Groner Z”al “We are very Makpid not to drink wine that a non-Jew or non-Shomer Shabbos saw.”

^[337] Admur Hilchos Shemiras Haguf Vinefesh 9; Chulin 105b; Elya Raba 170:24; Ben Ish Chaiy Pinchas 2:16; Kaf Hachaim 170:82; Atzei Haolah 116:32; Sefer Shemiras Haguf Vihanefesh [Lerner] 222

^[338] Admur Hilchos Shemiras Haguf Vinefesh 9; Pesachim 111a; Rashbam Pesachim ibid; Siddur Yaavetz in Beis Nesivos 9; Ben Ish Chaiy Pinchas 2:11; Atzei Haolah Y.D. 116:28; Sefer Shemiras Haguf Vihanefesh [Lerner] 106:1

[339] Shulchan Chaiy 68; Sefer Shemiras Haguf Vihanefesh [Lerner] 106:2

^[340] Admur Hilchos Shemiras Haguf Vinefesh 9; Pesachim 111a; Segulos Yisrael Mareches Ayin 38; Sefer Shemiras Haguf Vihanefesh [Lerner] 32

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