Daf HaYomi B’Halacha Daily Email -4 Tishrei/Sept 17

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Strict behavior during aseres yemi teshuva

During the aseres yemi teshuva it is appropriate to distance one’s self from any trace of issur more than the rest of the year. It is appropriate to be stringent regarding those halachos that people generally rely on the lenient approach. Additionally, since during these days Hashem acts with chasidus-extra care-it is fitting that people should emulate Him in this way. These extra stringencies are not considered as a neder that must be continued the rest of the year as a minhag tov (an admirable behavior) since the original intention was to observe them for just a few days.

(סימן תרג, סעיף א וס"ק א; ביאורים ומוספים דרשו, 1)

Hilchos Tefillin 39 (page 136)

מסעיף ז עד תחילת סימן מ

When is it Forbidden to Purchase a Sefer Torah?

Who is Considered ‘of Notable Standing’?

Must Tefillin be Checked?

6dc8d644-c78c-48e0-8d95-f02f005da473.jpgWhen is it forbidden to purchase a sefer torah?

If a goy has a sefer Torah, tefillin or mezuzah, it is necessary to buy it from him to prevent it from falling into disgrace. If the goy is demanding an exuberant price, it is permissible to bargain with him to lower the price. If he sticks to the higher price, the item should not be purchased. Buying at the high price will encourage the goy to steal other holy objects for ransom.

(סעיף ח, ס"ק ז-ח, וביה"ל ד"ה אין)

4cc7d435-a103-46b9-851c-ea14c61269bc.jpgWho is considered ‘of notable standing’?

There is a halachic principle that an individual witness may testify regarding issurim. According to the Mechaber, every Jew – barring one suspected of misleading others – qualifies as a witness. The Rama, however, stipulates that the witness must also be someone ‘of notable standing.’ Some commentators define this as someone who dons talis and tefillin, davens three times a day, washes his hands before he eats and generally conducts a Torah home.

(סעיף ט וס"ק כד; ביאורים ומוספים דרשו, 30)

7912cd8a-f967-404f-b60e-638cca57da79.jpgMust tefillin be checked?

Tefillin that were made correctly and are worn regularly never need to be inspected. If they rip or were stored in a wet place, they must be inspected. A beracha is not recited if they are worn prior to the inspection. It is admirable to occasionally check the thinner, older-style tefillin even when they are maintained well, because they can suffer damage from sweat. The modern, thicker tefillin do not need to be checked. On the contrary, opening them and removing the parshiyos is liable to damage them.

(סעיף י וס"ק כו-כח; ביאורים ומוספים דרשו, 34)

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  • A sefer Torah, tefillin or mezuzah written by a Jew who worships idols should be burnt. It can be assumed that the writer had pagan gods in mind when writing Hashem’s name.
  • A sefer Torah, tefillin or mezuzah written by someone who does not accept the words of Chazal as authoritative cannot be used and must be placed in storage. Someone who does not accept Chazal’s words is liable to neglect many halachos.
  • According to Rabbeinu Tam, someone who is not obligated to wear tefillin is disqualified from producing them. Many Rishonim disagree with Rabbeinu Tam and permit women and others to produce tefillin and tzitzis. The Rama holds that it is proper to be stringent like Rabbeinu Tam when possible.
  • Suspending an aron kodesh
  • Fasting when tefillin fall
  • Double covering sefarim
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טובא בת ר יעקב שטערן ע"ה
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