A Short Tribute

When arriving late to synagogue on the festival of Shemini Atzeret, after the congregation has recited the Moussaf prayer, one should recite the prayer for rain during even during the morning Shacharit prayer, since the congregation has already announced the rain, unless his intention [in prayer] rests on the fact that the public did not recite it during Shacharit. In this case he must do likewise – not recite it during Shacharit but rather during Moussaf. This question may also arise on the first day of Passover… Whether on Passover or on Shemini Atzeret, the ruling is the same - according to what the congregation does: If one arrives late to synagogue, after the congregation has recited Moussaf, one must recite it during the preceding Shacharit prayer, as did the congregation during Moussaf, meaning that on Passover one must mention dew and on Shemini Atzeret one must mention rain.

There are some poor people, called "Arash", whose business consists entirely of selling animal hides to non-Jews. During festivals, such as Passover and Sukkot, some of them leave a few hides in a non-Jew's shop before the festival sets in, so that they might be sold during the Sabbath or festival, or during Chol Hamo'ed [intermediate days of the festival]. I was asked if they are right in doing so, since it is forbidden to do commerce during Chol Hamo'ed, and definitely not during the Sabbath. The question is whether non-Jews may trade in these hides in their stead, and then transfer the money to them. They are poor and needy…
I was very fearful of publicly permitting this to simple folk, who do not know how to distinguish between one ruling and another, and who make their own parallels between cases; they might eventually permit this without even any deduction [in price] and could openly mention the Sabbath day and festival…They might forget, and not remember that this is not permitted unless the words Sabbath and festival are not mentioned.
However, when they come to ask concerning cases when market day falls on Chol Hamo'ed and they wish to give an item or another to a non-Jew to sell, this should certainly be allowed, and with no misgivings, at a reduced price and without mention of Chol Hamo'ed. Even simple folk, since they, in principle, did mention it to the non-Jew prior to the Sabbath. This [ruling] is an innovation. We did not find it forbidden in the Hoshen HaMishpat, so that according to the law it is possibly permissible to give a non-Jew something to sell during Chol Hamo'ed before the festival, even if one explicitly instructs him to sell it during Chol Hamo'ed, having found a basis for this concerning the Sabbath though not Chol Hamo'ed. In any case, despite that this is not explicitly permitted, ruling that they reduce the price as the law stipulates and not mention Chol Hamo'ed, out of worry that they may explicitly tell the non-Jew to sell it during Chol Hamo'ed, is not worthy of severity. Even if you claim that they might mention Chol Hamo'ed, who would say that it is forbidden…?

Question: A property owner owns two houses, one in which he studies during the day and in which he sleeps at night, but has his evening meals in his other house, where his married son, whom he [financially] supports, sleeps. After eating, he returns to the house in which he studies during the day. Must he light Hanukkah candles in both houses, or does [lighting] in one house, where he eats with his household, suffice. Also, must a married son who is supported by his father, and has a particular room in which to sleep, light [candles] himself or not.
Reply: The TOR [Ba'al HaTurim, Rabbi Jacob ben Asher] wrote in the following words in section 777: My master, my father, the ROSH [Rabbi Asher ben Jehiel], of blessed memory, in a response: A son who eats at his father's or at his friend's and has a special house in which to sleep must light, since as he has a particular house in which to sleep and the world sees him enter and leave it, there risk exists that if he does not light, that the world does not know that he eats in another place… What is implied by that which is written is that a son who is supported by his father - even if he is married, even if he wishes to light in the room in which he sleeps, it seems simple to me that he may not recite the blessing unless he himself wishes to light - depends on his father's [reciting the] blessing. And this all applies in the case that he wishes to light so as enhance the commandment, for the principle of the law, in my humble opinion, it suffices that he participate with his father with a few pennies worth and he needn't at all light in his room, since in our times we actually light inside, and even more certainly so in our city, where everybody knows that he eats together with his father. Anyhow, concerning our case – a father who eats in his son's home and sleeps in another room need light only in the room in which he eats with his son, and all this applies when the son is married, for if he is not married, he need not even participate with a few pennies.

We should question ourselves concerning our womenfolk, who eat and drink before the Sabbath prayer, and then the men recite Kiddush for them. Do they act appropriately or not? Must they recite the Kiddush according to law or not, since this takes place before the prayer? …. The prohibition to eat before prayer applies to women as well, just as to men. Since this is the case, they are not to be considered as those who are hungry or thirsty - the hungry and thirsty are permitted to eat - the obligation of Kiddush applies to them. But this is not the case with women whose eating is not according to the Sages' intention; the obligation of Kiddush before prayer does not apply to them by law for the reason that they are not permitted to eat. Also, one must say that the law for these womenfolk - our womenfolk, who do not pray at all, not Shacharit nor during the entire day - is that the obligation of Kiddush does not apply to them during any part of the day. This situation, then, is to be avoided, otherwise we would be rewarding those who transgress…as though it were not enough that they eat when forbidden, we would also be allowing them to do so without Kiddush and this commandment, too, would be uprooted from them… For if a person transgresses and eats before prayer, it is not because he made one transgression by eating that we should also permit him to eat without Kiddush! It would be fitting to say, concerning those who eat in any case, that "at the place of reading there shall be pleasure". Despite that the pleasure is a forbidden one, people have, in this case, enjoyed pleasure and are, in any case, obligated to Kiddush. Therefore, those womenfolk who eat not in accordance with the wishes of our Sages, may they rest in peace, and are transgressing must nevertheless, since they are having enjoyment, recite the Kiddush… Anyhow, womenfolk who drink coffee on the Sabbath morning before Kiddush, act inappropriately. Therefore it seems that the proper and good way is that on Sabbath mornings women begin by making a supplication at the mezuzah and go on to recite the Kiddush, and then drink their coffee. All the same, a man is obligated to teach the members of his household to recite a supplication - in order to fulfill the commandment of prayer.has a special house in which to sleep must light, since as he has a specific house in which to sleep and the public sees him enter and leave it. The risk is that if he does not light, the public does not know that he eats in another place… What is implied by what was written here is that a son who is supported by his father - even if he is married, even if he wishes to light in the room in which he sleeps – (and this seems straightforward to me) may not recite the blessing unless he wishes to light himself – he depends on his father reciting the blessing [to fulfill the commandment]. This entire question is relevant in the case that he wishes to light so as enhance the commandment, for the principle of the law, in my humble opinion, is that it suffices that he participate with his father with a few pennies worth. He needn't at all light in his room, since in our times we actually light inside. This is certainly so in our city, where everybody would know who eats together with his father. Anyhow, concerning our case – a father who eats in his son's home and sleeps in another room must light only in the room in which he eats with his son; all this applies when the son is married, for if he is not married he need not even participate with a few pennies.