This will save you from a safek issur d’oraysa

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  • #1253421

    mik5
    Participant

    The following has been reviewed by Rav Belsky:

    Melacha on Yom Tov During Bain Hashemashos

    During the period of bain hashemashos (between
    sunset and nightfall) there is a halachic doubt whether it is still
    the previous day or whether the night that belongs to the next
    day has already begun, since at any given moment (unknown to
    us) during bain hashemashos the switch from one day to the
    next occurs. It is a Melacha D’oraysa to do work on one day of
    Yom Tov if you derive benefit for it only on the next day
    (Shulchan Aruch Orach Chayim 503). If work is done during
    the bain hashemashos period, it is possible that the melacha
    done on one day of Yom Tov will result in benefit only on the
    next day. This constitutes a sofek Issur D’oraysa.
    Accordingly, one must refrain from doing
    any Melochos D’oraysa during the bain hashemashos period on
    Motzei Yom Tov, which includes Motzei the first day of Yom
    Tov to the second day of Yom Tov , as well as Motzei Yom Tov
    Sheni. Included in this prohibition is cooking, boiling water for
    hot drinks, heating up baby food, carrying keys, books, machzorim,
    shofar or lulav and esrog in a Reshus HaRabim and the
    like, all of which would be forbidden during this time. One
    should similarly refrain from smoking or kindling candles during
    bain hashemashos.
    Many people are unaware of this prohibition,
    incorrectly assuming that any melacha of “ochel nefesh” is
    permitted on Yom Tov even during bain hashemashos. If you
    have any particular shaila regarding bain hashemashos, please
    consult with your Rav.

    #1253576

    Sam2
    Participant

    It is Assur to smoke on Yom Tov, especially in America, where we no longer view it as Shaveh L’chol Nefesh. However, if you do think that smoking is Muttar on Yom Tov, then there is no reason whatsoever not to smoke during Bein HaShmashos. Same with lighting candles if you’re actually going to be using the light immediately.

    #1253591

    Joseph
    Participant

    WB Sam and Gut Yom Tov!

    #1253605

    Avi K
    Participant

    Smoking is assur on weekdays also.

    #1253931

    Meno
    Participant

    Same with lighting candles if you’re actually going to be using the light immediately.

    This was my first reaction when I read mik5’s post.

    But if you read it again you will notice that the point is that since we don’t fully understand bein hash’mashos, the day can switch from one to the next at any moment. This means that even if you light candles in order to use the light immediately, that “immediately” might already be the next day.

    My problem is, by that logic, it should have nothing to do with melocha. For example, I shouldn’t be allowed to move a chair across the room to sit on it immediately because by the time I sit on it it might be the next day.

    #1253969

    mik5
    Participant

    Moving a chair across the room is not a melacha.
    At worst, it is an issue of preparing on one day of yom tov for the next. Preparing is a rabbinic prohibition. Example: It is forbidden to set up the table during bein hashemashos (or during the 1st day yom tov) in preparation for the 2nd seder.

    Rav Kanievsky shlita was asked if one can smoke on Yom Tov. He replied that it is an issur d’oraysa to smoke on Yom Tov or any other day of the year. If the gadol hador says that it is an issur d’oraysa, there is nothing further to discuss.

    #1253974

    Chortkov
    Participant

    If the gadol hador says that it is an issur d’oraysa, there is nothing further to discuss

    Respectfully, you would be right if other gedolim didn’t argue. There are enough legitimate Gedoilim who are matter smoking. See שמירת שבת כהילכתה.

    Can we call it a Machlokes HaPoskim?

    #1253984

    mik5
    Participant

    And there are also other Gedolim (besides HaGaon HaRav Kanievsky) who assur smoking. Those rabbis who allowed smoking (e.g., Rav Moshe has a teshuva about this) did so because in their days, it was not yet known just how dangerous smoking was, and if they would have known, they would have assured it as well.
    In any event, it is a machlokes haposkim involving a possible issur d’oraysa (on Yom Tov as well as any other day of the year). And safek d’oraysa lechumra.

    #1253988

    Meno
    Participant

    And safek d’oraysa lechumra.

    That’s not how that works…

    #1253996

    mik5
    Participant

    Why not? Why would any G-d fearing Jew enter himself into a situation where he is possibly transgressing an issur d’oraysa?

    #1254008

    Meno
    Participant

    I’m not disagreeing with you. I’m just saying it’s not an appropriate application of the concept of safek d’oraysa lechumra

    #1254010

    mik5
    Participant

    Why not?

    #1254180

    Lilmod Ulelamaid
    Participant

    That’s not not how the concept is applied in halacha. If there is a machlokes between contemporary Poskim regarding whether or not something is assur d’oraisa or mutar, one is allowed to be someich on those Poskim who allow it. Those poskim hold that there is no safeik – they hold that it is 100% allowed- so I can be someich on them.

    An example of a Safeik D’oraisa l’chumra is as follows: Reuven is unsure if he bentched or not. Bentching is D’Oraisa for a man, so he has to bentch again. The safeik does not revolve around a machlokes haPoskim; it revolves around the “metzius”.

    You are correct in that there are people who are exceeding careful in halachic matters and are never someich on the more lenient Poskim whenever there are more machmir opinions in case the more machmir Poskim are really right, but that is considered “being machmir” and is not required halachically, and may not even be the proper approach for all people in all situations. And certainly, one can not judge someone else for not choosing to be machmir.

    #1254181

    Lilmod Ulelamaid
    Participant

    “Those rabbis who allowed smoking (e.g., Rav Moshe has a teshuva about this) did so because in their days, it was not yet known just how dangerous smoking was, and if they would have known, they would have assured it as well.”

    I would be very wary of making definitive statements regarding what Gedolei HaDor “would have said” in a given situation. I would at the very least qualify the statement by adding the word “perhaps”.

    #1254302

    zahavasdad
    Participant

    “Those rabbis who allowed smoking (e.g., Rav Moshe has a teshuva about this) did so because in their days, it was not yet known just how dangerous smoking was, and if they would have known, they would have assured it as well.”

    I would be very wary of making definitive statements regarding what Gedolei HaDor “would have said” in a given situation. I would at the very least qualify the statement by adding the word “perhaps”.

    People seem to quote Rav Elchanon Wasserman, for what he said in 1939 and would assume he would say the same thing in 1945

    #1254343

    miamilawyer
    Participant

    Also, to add another esoteric clarification, yom tov sheni is itself a derabanan, so this only applies (at least the clarification of a safek issur deoraysa) to ben hashmashot on the first day (leading into the second).

    #1254787

    Lilmod Ulelamaid
    Participant

    Mik5: ““Those rabbis who allowed smoking (e.g., Rav Moshe has a teshuva about this) did so because in their days, it was not yet known just how dangerous smoking was, and if they would have known, they would have assured it as well.”

    Lilmod uLelamaid: “I would be very wary of making definitive statements regarding what Gedolei HaDor “would have said” in a given situation. I would at the very least qualify the statement by adding the word “perhaps”.”

    ZD: “People seem to quote Rav Elchanon Wasserman, for what he said in 1939 and would assume he would say the same thing in 1945”

    One thing has nothing to do with the other. Assuming that someone would have said the same thing that they did say is very different than assuming that they would have said something that they didn’t say.

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