Wednesday, July 24, 2013

More of Rav Elyashiv’s Rulings By Rabbi Yair Hoffman


The former Gadol HaDor, Rav Elyashiv may have passed on to the Olam HaEmes, but his Torah lives on.  Indeed, thanks to the efforts of his son-in-law Rav Yitzchok Zilberstein Shlita, we are privy to new and remakrbale rulings of Rav Elyashiv – in a just-off-the-press sefer entitled Kav V’Naki, Vol. II, by Rav Zilberstein. Some of the rulings contained below deal with fundamental issues that all members of Klal Yisroel should be aware of.  Below are some of the questions divided into the categories of three of the four sections of Shulchan Aruch.

Orech Chaim
Regarding the Minhag of fasting for all who witness a Sefer Torah falling, may the Merciful One protect us, are women included in this custom?  Rav Elyashiv zt”l responded that this is the custom now in Klal Yisroel that all men who observed it fall fast, but the technical absolute halachic requirement was only for the person who actually dropped it to fast.  He also ruled that only men are included in this custom and women who see a Sefer Torah fall do not fast. (OC 13)  [Editor’s note:  Perhaps Rav Elyashiv is expressing a similar notion to that of the author of the Alei Shor that the custom of 100 blessings a day was never instituted for women because they have more natural Yiras Shamayim than do men and were not in need of the takanah of 100 blessings per day to increase the Yiras Shamayim].
Can a Down’s Syndrome child be included in a Minyan of ten? Rav Elyashiv answered that if the following two criterion are met, not only may he be counted but he may even be Motzi the masses with Krias HaTorah: 1] If he can shop without losing money and can accept and hold on to change or if he can travel alone on a bus and 2] if he understands a little bit of what he studies (OC 15).
A baal Teshuvah went back to his home community where the only Minyan that existed was one made up of people that drive back home on Shabbos (Heaven help us), is it preferable to daven with them or to daven without a Minyan?  Rav Elyashiv responded that it is preferable to daven alone, although he noted that Rav Moshe Feinstein argued.  In Rav Elyashiv’s published shiurim on Brachos, however, he did state that under very very pressing circumstances one may include such people in a minyan  (OC 16). [...]

12 comments :

  1. Of what value is a teshuva not written or reviewed by Rav Elyashiv?

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  2. A key insight into Hoffman's thinking is in how he opens this article in describing HaRav Eliashev zt'l as a "former" Gadol HaDor.

    Wow.

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  3. Abe Davids - What is your issue? Do you believe that R' Elyashiv is the "current" Gadol HaDor? What about R' Akiva Eiger?

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    Replies
    1. It is wrong to refer to a godol in the past tense.

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    2. Will Hill - So instead of saying that Rav Schach "was" the Godol HaDor, you would say...?

      [In other words - please stop being ridiculous.]

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    3. I would say "The Godol Hador Rav Shach zt'l".

      What's so hard? Jews do not speak of our rabbonim in the past tense.

      We don't say "Rashi WAS a great scholar", but rather we say "Rashi IS a great scholar". We don't say "Rashi SAID" but rather we say "Rashi SAYS".

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    4. Will Hill / Abe Davids, you are making a mountain out of something that is not even a molehill.

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  4. Regarding the last psak, the one about it being best to daven alone rather than daven with mechallelei Shaboss:

    Thirty years ago, I was the Rabbi of a congregation in the Catskills where the only Shomer Shabbos was myself. One Shabbos, two very prominent haredi Roshei Yeshiva davened with us all three tefillos, after having walked from the yeshiva or bungalow colony where they were staying.

    Of course, I asked them why they came to our shul instead of davening where they were staying, within a minyan of Shomrei Shabbos.

    They told me that Rav Moshe used to daven in this shul when he came to the country and that Rav Moshe held that it was better to daven in a Beis HaKnesses kavua, even of non-SHomrei Shabbos, than to daven in an ad hoc minyan, even of Bnei Torah. If it was good enough for him, they told me, it was goo enough for them.

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    Replies
    1. Your story doesn't hold much value without specific names that can be verified.

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    2. It is a shame that the Baalei Gemorah had neither Will Hill's nor Abe David's insights because then they would have been more respectful of Avrohom Avinu (Kiddushin 32b), Amram (Sotah 12a..

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    3. In the Nof - Spot on!

      [אברהם אבינו גדול הדור היה]

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    4. Well said Will Hill.

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