Parshas Naso 5785 – Intriguing Questions & Answers
Intriguing Questions & Answers
Erasing Letters at the End of the Sefer Torah to Honor Others to Fill Them In
Q:
I was asked by a donor of a new Sefer Torah here in Yerushalayim, who invested a great deal of money in the entire process of preparing the Torah and the celebration party afterwards, and in all the excitement the sofer and donor did not notice that they had already filled in all the letters in the Torah, and forgot to leave some empty letters. Now, some important relatives and some important people have arrived at the donor’s house, and he has nothing to honor them with by filling in a letter in the Torah, and he asked me if he could tell the sofer to scratch out some letters that have already been filled in so that they have free letters to be filled in again by the other guests who have come to his house. And the other side of the question is whether there is any dishonor for a Torah to erase letters that have already been filled in just to honor other people, because scratching where there is room for correction or beauty is of course permissible and not dishonorable, but simply erasing letters from a sefer torah for the sake of the ceremony is perhaps a great dishonor and forbidden?
A:
Before explaining the ruling in practice, I wanted to note the origin of the custom of letting others write a letter at the end of the Torah. In the Sefer Mikdash Me’at, he brings the custom that the sofer used to let others write a letter out of love for the mitzvah, some however disputed this custom. Ultimately this is the accepted custom in klal Yisroel, additionally some try to write a letter that begins with the first letter of their name, as is brought in the name of Rav Akiva Eiger and the Noda Beyehudah.
In the event that the sofer forgot to let others write letters and finished writing himself, the Great Poskim Rav Moshe Feinstein and Rav Yosef Shalom Elyashiv zt”l have already ruled that letters that have already been written should certainly not be erased for this purpose, and it is forbidden to make even a slight scratch for this purpose, because it is forbidden to disrespect the honor of hashem and to invalidate the Holy letters without a proper reason, as explained in the Responsa Chasam Sofer YD:261.
Once on the topic of Hachnasas Sefer Torah, I wanted to point out of few piskei halachos that are relevant by each celebration for a new Sefer Torah.
Rav Yosef Shalom Elyashiv zt”l ruled that even those who bring a new Torah into a private minyan inside a home, also customarily hold a celebration in honor of the Torah, just as they do when bringing a sefer torah into a Shul.
In general, those who do not wish to hold a celebration for the bringing in of a Sefer Torah are not obligated, but certainly those who do so, are giving a great honor to the Torah.
In the event that someone has brought a Torah into the shul, and has already used it, but has not yet held a celebration in honor of the Torah, they may take the Torah out of the shul to hold a celebration for it, since they have not yet done so.
Items Broken by a Child in a Store or by Someone’s Property—Who Pays?
Q:
Very often I get asked about items that get damaged or broken by a child, as is common when a mother brings a child inside a supermarket and the child knocks down a glass bottle, does the mother or child have to pay for it. Another example that comes up often in the summer months where young children go to camp or a bungalow colony and children routinely play ball and sometimes, they break windows or cause other types of damages, does the parent have an obligation to pay for the damage causes by his child?
A:
The Mishnah in Masechas Bava Kamma 87. Says that when a child breaks something he does not have to pay. The Shulchan Aruch in C.M. 349:3 writes that the child is exempt from paying as is stated in the Mishnah, even though some Rishinom hold that he should pay for the damage when he turns bar mitzvah, however the opinion of the Shulchan Aruch is the accepted opinion that we hold like. See Aruch Hashulchan 424:14.
Even though the parent doesn’t have to pay for the damage that the child caused, however the Mishnah Berurah writes in (siman 343:9) that the child should still be reprimanded for causing damage, see also the Pishcei Teshuvah C.M. 349:2. In addition, the Shu”t Teshuvos V’hanhagos 4:305 writes that if the child has money, he should have to pay for the damages in order to impress upon him the importance of avoiding this type of behavior.
The Mishnah Berurah ibid, writes that in any case one should go beyond the letter of the law and pay for the damage that he caused when he was a child. Although the father still doesn’t need to pay for what the child damaged even though there are those that argue, since the child will not remember what he broke as a child.
In the event that a child took an item that belonged to the father and with it he did the damage, the father would be obligated to pay for the failing to protect his belongings properly. See Sha’ar Hatzion 343:15, Pischei Chosen Nezikin 5: note 87, Teshuvos V’hanhagos 3:477.
If a Person Reads a Kesubah of His Sister, Can He Say His Father’s Name in Public?
Q:
Regarding the question I’ve been asked from someone who was honored to read the kesubah under the chuppah of his sister, and he got to the point of mentioning the name of the kallah, his father’s daughter, and he read the name of his father without any title like Reb or Avi Mori. After the chuppah someone remarked to him, how did you read the kesubah and say your father’s name without a title, it is forbidden to say his name, especially in front of him, and so he asked me if he did according to halacha.
A:
In YD: 240:2, the Shulchan Aruch writes that it is forbidden to call one’s father’s name, and if one adds a title to it, there is no lack of respect in such a case. According to this, how is it permissible to call one’s father’s name while reading a kesubah of a sibling.
We found in the later Achronim that wrote, in the event that one is asked what one’s father’s name is, it is permissible for him to answer his father’s name, but he must add the title of Reb or Avi Mori. However, in our case, no one asked him what his father’s name is, and here he calls his father’s name without a title, how can this be allowed.
Indeed, after clarifying the discussion with several of the great Poskim, it’s true that it is always best to add a title before reading his name, especially in a public setting while he is present. However Rav Yitzchok Zilberstein shlit”a ruled that is permitted to read the kesubah as is, the reason is, since the whole point of reading the kesubah is to give testimony, that the content of the kesubah is to testify that today so-and-so, the son of so-and-so, is committing himself to the kallah, and whoever reads the kesubah is reading the testimony of the witnesses, therefore there is no reason for the reader to add a title or any letter that is not written in the kesubah. On the contrary, the reader must read the kesubah exactly as the witnesses signed it as written in front of them.
There are several other reasons why we can be lenient on this matter. First of all, the poskim believe that a son who is a gabbai in the shul can call his father to come to the Torah, as well as his brother, and it is not necessary, in principle, to add a title. Another reason is that the father is honored that his son received the honor of reading the kesubah, and he certainly forgives his son and grants him forgiveness to read his name as is.
However, although there are poskim who do indeed hold to be lenient, it is certainly best to try to add a respectable title. Although one who doesn’t add a title still has much to rely on.
Common Questions That Could Involve Theft While Staying at a Hotel
Q:
As the summer months approach, often we get asked questions that could potentially involve stealing, while many seem to overlook them, or simply rule for themselves that it is permitted to do as they wish. For example, often a hotel has a limit to how many guests can occupy a room, if one wants to add just one more child past the limit, is that forbidden?
Another question comes up often by hotels, can a non-guest use the hotel facilities when a friend or family member is a paid guest?
Additionally, one who paid to be a guest at a hotel can they take slippers or soap when they leave the hotel?
A:
I will try to address these common questions in short, giving the rulings that have already been discussed by the leading poskim. If the hotel has a limit for the number of guests occupying a room, one may not bend the rules and sneak more guests in without permission, this is considered theft.
Last year we publicized that the poskim rule, that generally speaking, hotels are not particular to only allow guests to use their facilities, such as the lobby, lounge, or restrooms. If one knows that the hotel is particular, he may not use the hotels facilities. In general, one should try not to take advantage of the facilities without permission.
In regards to the most common question, taking items from a hotel, we find a dispute amongst contemporary poskim, some poskim rule one could take items that are assumed to be included in the rental of the room, bottled water, small soap bottles etc. even though they are closed.
Other poskim hold, that one must verify with the hotel staff beforehand since they are not included in rental if they are still unopened, since very often the cleaning staff will use the items for the next guests.
It would seem however that any item that was opened already, all would agree one could take it home, since they can’t be used again. In regards to towels or certain types of slippers that can be cleaned and reused, it would be forbidden to take them without permission, taking them would constitute as theft. There is no difference in all the questions above whether the hotel is owned by a Jew or non-jew.
If someone took something inadvertently from the hotel, he must return the items, often one will call to notify them and they usually give permission to keep it, but one first has to notify them to get that permission from the faculty.