Parshas Miketz 5786 – Intriguing Questions & Answers
May One Place an X-Mas Tree in his Store for the Purpose of His
Livelihood?
Q: A frequent question encountered in the United States is regarding
Jews who own either a store or residential building and wish to know
whether they may place an x-mas tree in a storefront window or at the
entrance of the building during the holiday season. This question is
especially relevant to a residential building where only non-Jews re-
side, and the Jew is the landlord, or a store where only non-Jews shop.
Is it permissible to be lenient here, especially considering that it may
help attract customers, or make his tenants happy?
A: Rav Noach Isaac Oelbaum shlit” a, author of Minchas Chen, wrote
to me regarding this, stating as follows: In principle, it would appear
permissible to place an x-mas tree inside the store, as it is not a reli-
gious symbol of idol worship. Therefore, from a halachic standpoint,
there is room to be lenient. It is preferable, however, if in practice one
could fulfill “distance yourself from ugliness and anything resembling
it.” Similarly, Divrei David (1:18) discusses electric colored lights,
which are manufactured in the Far East, and reportedly, the main pro-
duction is for the purpose of decorating x-mas trees decorating a
Christmas tree on the Christian holiday, whether it is permitted to use
these lights and whether it is permitted to decorate a sukkah with them
or to hang them in a Beis Haknesses. He writes that it is permitted,
since the tree is merely a symbol and not worshipped. All the more so
considering that items that are only meant for beautifying are not pro-
hibited, as explained in Shulchan Aruch (Yoreh De’ah, 139:11) that the
clothing worn by priests who enter idolatrous places are ornamental
only and do not require annulment. Although the Shulchan Aruch pro-
hibits the usage of candles that were used for avodah zarah in a Beis
Haknesses, it is better in our case of tree light, as they were never used
for idol worship.
2) Similarly, the Chasam Sofer (Shu”t, Orach Chaim, §42) permits
lighting in a Beis Haknesses candles from a house of avodah zarah if
they were never used, as they were merely designated for use, and even
nullified through its sale. Similarly, Kaf Hachaim (Yoreh Deah 154:83)
and Maharsham in Da’as Torah rule this way as well.
3) See further in Shevet HaLevi (2:57) where he discusses whether it is
permitted to light small candles for Shabbos if they are intended to be
lit in a place of idol worship, and whether the fact that this is indicated
on the box presents an issue of bizui mitzvah (desecrating the mitzvah).
He rules leniently, based on the above Chasam Sofer. He concludes
that even though it was produced in the factory for idolatry, and as
such, it is even more than mere “hazmanah—designation,” it is not
prohibited because in truth, the factories manufacture them for all pur-
poses, and the image on the box is merely for advertisement purposes.
Furthermore, they are machine-made without human touch. For these
reasons, he permits lighting them in a Beis Haknesses even lechatchi-
lah. This is also stated in Shaarim Metzuyanim Behalacha, Volume 3,
page 248.
4) Based on the above, Divrei David further writes: From this, one may
be lenient regarding scented cardboard x-mas trees intended for hang-
ing in cars. This is not a concern, for we have clarified that the tree is
not worshipped but is merely a symbol for their holiday, and thus it is
permissible to hang for its scent. E) This is further clarified in Beis Avi
(Vol. 5, Yoreh Deah, §99), who wrote regarding this question: At first
glance, I thought this was directly related to idolatry, as “oso
ha’ish” (Yoshkah) who was hanged on a tree is why the holiday night
ניתל. “ is called
” But after investigating, I discovered that it has no
actual connection to idol worship of the hanged one. It is simply a cus-
tom of the non- Jews, unrelated to the hanged one. It is a custom for
beautification and home decoration without any connection to idol wor-
ship, and it is not worshipped at all, nor is it prayed to; it is only for
adorning and decorating the home, without a trace of idolatry or reli-
gious worship.
5) Beis Avi adds that this fits well with the Rema (141:1), who rules
that the cross worn on the neck is not avodah zarah but rather a memo-
rial, and so too a decorated x-mas tree is not made for idol worship but
for decoration alone. His conclusion is that there is no need to urge the
non-Jews to remove trees at the entrance to the building (where a Jew
also lives), as it is not avodah zarah but only a decorative symbol for
the home, with no trace of idolatry. It is well- known that the nations of
today do not foolishly worship wood and stone. If in the time of the
Gemara, the nations already did not worship idolatry but followed it
only because of “minhag avos,” all the more so in our enlightened
times, there is no intent of idol worship in their actions.
6) We may further learn a leniency regarding placing an x-mas tree
from the heter given by Igros Moshe (Yoreh Deah, 1:89) to trade
stamps with images of the cross, since they are made for decoration and
not idolatry: “Regarding someone who trades in stamps for collectors
who wish to collect stamps from all countries, and some countries in-
clude images of priests and their cross on the stamps, if it is permitted
to trade in them: In my opinion, there is no prohibition, as they are like
the images on coins, which Tosafos and the Rosh (Shabbos 149a) per-
mit. This is implied from the Gemara wihch tells us that R’ Menachen
b’Rebbi Simai was called “benan shel kedoshim—the son of righteous”
because he avoided gazing at the coin images—which implies that is
clear that others did look at them. Tosafos explains that this is because
only when it was made for the sake of avodah zarah is it forbidden in
principle to gaze at. However, when it is only made for decoration, it is
allowed. This reasoning applies even to images on stamps made for
decoration and identification, as with coins. Therefore, all the more so
regarding x-mas trees that are not wor-
shipped at all, and are merely a decorative
custom and symbol for their holiday, there is no
cause for concern at all.
Giving Non-Kosher Food to a Non-Jew on an Airplane:
Is It Prohibited Due
to “Lo Sechanem”?
Q: A question that occasionally arises is when a person is trav-
eling on an airplane seated next to a non-Jew. If the Jew receives
a non-kosher meal, can he give the meal to the non-Jew sitting
next to them or bring it home to give to a non-Jewish worker?
A: The Gemara in Avodah Zarah (20a) derives three different
prohibitions from the posuk of “Lo Sechanem” (Devarim 7:2) 1) It
is forbidden to sell them land, 2) It is forbidden to show them favor,
such as saying “How beautiful is this gentile!”, and 3) It is forbid-
den to give them a free gift. The Shulchan Aruch (Yoreh Deah
151:11) codifies this prohibition, stating that it is forbidden to give
a free gift to a gentile who is not one’s acquaintance. The Sefer
HaChinuch (Mitzvah 426) explains that the purpose of this prohibi-
tion is to distance Jews from the ways of gentiles. This is also why,
he explains, it is forbidden to admire their appearance or give them
free gifts, as both of these actions create closeness. This ruling is
also found in Shulchan Aruch Choshen Mishpat (249:2). Howev-
er, from the commentaries to the Shulchan Aruch in Yoreh Deah,
we learn that if there is a personal benefit for the Jew in gifting
the non-Jew (such as if he wants a favor in return), or if it is a
matter of promoting peace between Jews and non-Jews
(darchei shalom), there is no prohibition of Lo Sechanem. Fur-
thermore, the Chok Yaakov (Orach Chaim 448:12) explains
why giving chametz to a gentile does not violate Lo
Sechanem. He offers two reasons: 1) It refers to a gentile
acquaintance (which is permitted because it is assumed that
he will receive something in return), and 2) Since chametz
is forbidden for benefit (assur b’hanaah) and has no
inherent value to the Jew, giving it away does not violate
the prohibition of Lo Sechanem because the Jew incurs
no loss. Therefore, in the present case, where giving the
food to the gentile involves no loss to the Jew—since
the food would not be eaten by the Jew and would
otherwise be discarded—it is permissible to give the
food to the gentile sitting next to them. Additionally,
there is an argument to be lenient even according to
the stricter opinion of the Chasam Sofer
(Chiddushim to Avodah Zarah 64a; see also Shu”t,
Choshen Mishpat §194), who disagrees with the
Chok Yaakov and rules that even when the Jew
incurs no loss, the prohibition of Lo Sechanem
still applies. This is because the Chasam Sofer’s
rationale is limited to cases like freeing a slave
(for the purpose of completing a minyan),
where the Jew is losing the monetary value of
the slave, even if it is ultimately for his bene-
fit. This does not apply to giving chametz
before Pesach or non-kosher airplane food
that would otherwise be discarded. In such
cases, the item lacks any value whatsoever to the Jew and is not
considered a gift under the prohibition of Lo Sechanem. Although
the Taz only mentions a leniency regarding a gentile acquaintance,
nevertheless, the Poskim permit giving even to a stranger when
there is a practical benefit, such as for darchei shalom, as stated in
Shulchan Aruch (Orach Chaim 325:2). See also Shulchan Aruch in
Yoreh Deah (151:12), who permits supporting poor gentiles for the
sake of darchei shalom.
May One Accept Flowers from a Gentile on Their Holiday?
Q: If a non-Jew sends flowers to a Jew on the non-Jew’s holiday,
may the Jew use them? The primary concern relates to the halachic
implications of accepting gifts from non-Jews on their holiday.
A: To address, this, let us begin with the following introduction.
According to halachah, three days prior to a gentile holiday, it is
forbidden to buy anything from them, as well as to sell them some-
thing that lasts. However, it is permissible to sell perishable items
that will not last until their holiday. Additionally, it is also forbid-
den to borrow or lend items or money without interest to them
during this period. On the holiday itself, it is forbidden to benefit
from such exchanges, even bidieved. However, the Poskim write
that nowadays we are lenient with these laws, although one should
strive to be stringent whenever possible. This is discussed in the
beginning of Avodah Zarah and the Gemara (6b), as well as in the
writings of the Rishonim. The Rishonim debate the parameters of
this prohibition. The Shulchan Aruch (Yoreh Deah 148:1-2) fol-
lows the ruling of the Rambam, who is more stringent than Rashi
and Rabbeinu Tam. However, later in the Siman, the reasoning for
the leniency nowadays is outlined—primarily because non-Jews are
no longer idol worshippers and to prevent hostility (eivah). The
Rema (ibid. 12) adds that even nowadays, a baal nefesh should
avoid joining in their celebrations. On the holiday itself, it is forbid-
den in principle to send or accept a gift from them. Yet once again,
nowadays, we are lenient even with this prohibition. Ideally, a per-
son should aim to send a gift such that it does not arrive on the
holiday, such as the day before New Years. See Shulchan Aruch
(148:5) and Rema (ibid. 12). Regarding the specific case of accept-
ing flowers, the Poskim address this issue. See Shu”t Meshiv Nevo-
nim (6:41) who addresses this matter, stating that if the Jew re-
ceived the flowers one or two days before the holiday and the non-
Jew’s intention was for business purposes (such as fostering good-
will), there is no prohibition against using the flowers nowadays.
Rav Avigdor Nebenzahl shlit”a, also permits using the flowers,
provided that the non-Jew does not specifically mention and dedi-
cate it in honor of oso ha’ish. Additionally, Rav Moshe Shternbuch
shlit”a, and Rav Ezriel Auerbach shlit”a, have similarly ruled leni-
ently on this. Shu”t Minchas Pri, (6:105) also discusses using such
flowers l’kavod Shabbos, and examines whether this would be akin
to what Mishnah Berurah (154:46) rules regarding menorahs that
were used in houses of idolatry, which should not be used for mitz-
vos like Shabbos or Chanukah candles. Shevet HaLevi (Vol. 1,
57:1), cites the Chasam Sofer, who states that only candles from an
actual house of idol worship are prohibited for sacred purposes.
However, beautiful, factory- made candles that are made for use in
their place of worship are permitted even for Shabbos and
Chanukah.