Community Magazine April 2013

1 IF ONE HAS ONLY ENOUGH MONEY TO PROVIDE A POOR PERSON WITH EITHER FOOD OR CLOTHING, WHICH SHOULD HE GIVE? Since food is a more basic necessity, it takes precedence over clothing when charity funds are allocated. Likewise, if a person approaches us requesting food, we should give without inquiring into his condition, whereas one who requests clothing is given clothing only after his state of poverty is verified, unless he is already known to be a person in need (Rambam, Hilchot Matenot Aniyim 7:6). Even then, he is given clothing only after it is verified that he does not need food (ibid, halachah 15). We tend to the needs of a woman before a man, as it is more humiliating for a woman to have to ask for handouts. 2 IF ONE HAS ONLY ENOUGH MONEY ON SHABBAT HANUKAH FOR EITHER SHABBAT CANDLES OR HANUKAH CANDLES, WHICH SHOULD HE BUY? Shabbat candles take precedence over Hanukah candles because Shabbat candles are lit for the purpose of shalom bayit (enhancing the peace and serenity in the home). If one can afford two candles, he should use one as a Shabbat candle (even though we customarily light two) and use the second as a Hanukah candle ( Mishnah Berurah ). 3 IF A PERSON IS IN JAIL AND IS ALLOWED OUT FOR ONLY ONE DAY, SHOULD HE CHOOSE THE NEXT AVAILABLE DAY, OR WAIT FOR A SPECIAL DAY, SUCH AS YOM KIPPUR? The Haye Adam writes that one should wait for a day that has a higher level of holiness, so he could perform the special mitzvo t of that day, as long as it is not too far in the future. Hacham Ovadia Yosef, however, as well as many other authorities, rules that one should do the first mitzvah that presents itself, even if a more significant mitzvah will present itself later. Therefore, if one is in jail and has the opportunity to leave for a day, he should leave the first day he can so he can wear tefillin , pray with a minyan and perform any other mitzvot he can, rather than waiting for a special day like Yom Kippur. 4 IF ONE IS ABLE TO PERFORM THE MITZVAH OF MET MITZVAH (BURYING A DEAD BODY WHICH NO ONE ELSE IS AVAILABLE TO BURY), BUT THIS WOULD CAUSE HIM TO MISS HIS DAILY TORAH LEARNING SESSION, WHAT SHOULD HE DO? In general, Torah learning takes precedence over a mitzvah which can be performed by someone else, or which can be postponed (Rambam, Hilchot Talmud Torah 3:4). In the case of a met mitzvah , since there is nobody else to tend to the body, and every moment of delay causes it to be disgraced, one should disrupt his learning schedule to take care of the burial. 5 IF ONE HAS ONLY ENOUGH MONEY ON SHABBAT HANUKAH FOR EITHER HANUKAH CANDLES ON MOSAEI SHABBAT OR WINE/GRAPE JUICE FOR KIDDUSH ON SHABBAT DAY, WHICH SHOULD HE BUY? Hacham Ovadia Yosef (in Hazon Ovadia) rules that the money in such a case should be used to purchase wine/grape juice for Kiddush, since the obligation of Kiddush arises first, on Shabbat morning, whereas the obligation to light Hanukah candles sets in only later, when Shabbat ends. 6 IF ONE HAS ONLY ENOUGH MONEY TO EITHER PAY A DAY WORKER THE WAGES HE OWES HIM OR BUY WINE OR GRAPE JUICE FOR KIDDUSH, WHAT SHOULD HE USE THE MONEY FOR? The Bi’ur Halachah ( siman 242) writes that if a Jewish day worker requests his wages for a day’s work, one may try to persuade him to agree to receive payment after Shabbat. However, if the worker insists on receiving his wages immediately, one must pay him even if he will then not have money for Kiddush, as the Torah obligation to pay a Jewish day worker before sundown takes precedence over the rabbinic obligation to recite Kiddush over wine or grape juice. And although some authorities maintain that wine/grape juice is required on the level of Torah obligation, the mitzvah to pay one’s worker takes precedence, because it entails both an affirmative command and a prohibition. (This applies only to a day worker; different laws apply to employees receiving a fixed salary.) The Top 10 Questions & Answers on Customs and Laws oF What Comes First? RABBI DANIEL D. LEVY D dicated oving emo y Hac a N i Ma a . 56 COMMUNITY MAGAZINE