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Psakim of Rav Moshe Feinstein From Rav Aharon Felder z”l


rav-felderTHE RISHUMEI AHARON (VOL. I 92 pages and Vol. II 45 pages, beautifully arranged and typeset by Machon Daas Z’keinim in Lakewood, NJ) was written by Rav Aharon Felder z”l, a Talmid Muvhak of Rav Moshe Feinstein zt”l.

by Rabbi Yair Hoffman for the Five Towns Jewish Times

Rav Felder was the Rav of Congregation Bnai Israel in Philadelphia and was the son of Rabbi Gedaliah Felder z”l from Toronto. A responsa to Rav Felder appears in Igros Moshe YD Vol. IV #43.

Rav Felder spent 14 years with Rav Moshe Feinstein and spent much time with him. Rav Felder was a renowned expert in the laws of Gittin, and was often consulted upon in matters relating to Gittin such as the spelling of specific English names.

Below are some psakim of Rav Moshe Feinstein zt”l found in the second volume of the Rishumei Aharon. Rav Felder passed away in early May of 2014.

Orech Chaim

It is permitted to wash hands in our modern bathrooms in order to recite Asher Yatzar, but not to do so for any matter of Kedusha such as before Tefila or before a meal.
Hair implants are not considered a Chatzitza (interpolation) for Tefillin.

One can attach the Tefillin not next to the box of Tefillin by tying it with a string. One may blacken Tefillin at night.

Someone who pronounces words in an Ashkenazic pronunciation may switch to Sefardic when he acts as the Shliach Tzibbur and the same is true in reverse.

Alos HaShachar is always 72 minutes before sunrise in New York City. Misheyakir is about 35 minutes before sunrise. It is better to daven without a monyan after sunrise than to do so with a minyan at dawn. If, however, the minyan is davening after misheyakir (35 minutes before sunrise) then doing that is preferable to davening alone.

When one builds a shul on a condition (such as allowing food to be eaten there) the consition should be presented before a Beis Din (p. 19 OC Volume).

If gentiles came and abused the Sefer Torah of a synagogue, the members of the synagogue should fast a half day.

Rav Felder relates that even if a person was eating Pizza as a meal, if he was eating one slice the blessing is mezonos; 3 slices the blessing is haMotzi; and two slices are a doubt. [RYH: According to this, Rav Moshe is holding like the TaZ 168:20 that this would not be considered Pashtida and not like the Magain Avrohom 168:44 – a chiddush since most Poskim do rule like the Mogain Avrohom].

Another huge chiddush that Rav Felder seems to be saying Rav Moshe held is that even when eating a shiur kvias seudah for most people – if it is done aray [occasionally] the blessing is still Mezonos [RYH See MB 168:23 for these halachos in general]. This is a remarkable position.

Rav Moshe held like the Aruch HaShulchan permitting conversation after Mayim Achronim and not like the Mishna Brurah (See Siman 181).
One should recited the blessing of “Oseh Maaseh B’reishis when seeing Niagara Falls (see OC Siman 228)

One should refrain from doing a medical procedure on Friday [if it can be avoided RYH] because it could lead to chilul Shabbos (See OC Siman 248).

Single girls should not light Shabbos candles with a blessing because the essential custom was only enacted for married women. There is the further issue of our current electric lights making it a possible bracha levatala. This is not a problem for married women because the Takana was made for them (see OC Siman 263).

On Sukkos one should not use a Sukkah with fabric walls (p. 45) [RYH: Most people presume that this is because they flap in the middle more than three tefachim. They further suggest that the walls were secured in middle with an additional string, Rav Moshe would have permitted it. However, Rav Felder explained that Rav Moshe was against it because in Shulchan Aruch 630:10 it states that it is good to place wooden slats across it.]

Yore Deah

In regard to the laws of Bishul Akum, a gentile is not believed to forbid the food by saying that the pilot light was extinguished and he relit it. The food remains kosher and we assume that the fire kept burning unless it is known otherwise some other way (p.34).

Rav Feinstein further ruled that ideally one should not rely upon a Jew having previously lit the pilot light. This should only be relied upon for a short period of time (p. 35). [Rav Felder explained to this author that Rav Feinstein’s concern was that people might forget about Bishul Akum.]

Potatoes, in modern times have the status of an important food and are subject to the strictures of Bishul Akum (ibid).

Soy beans are not considered an important enough food to be subsumed under the prohibition of Bishul Akum (ibid).

There is no bitul in shishim (negation in sixty times the ratio) regarding that which is forbidden to eat because of danger, such as fish and meat (ibid). [This is actually a dispute between the Shach and TaZ in YD 95:3. Most Poskim (See Chsam Sofer YD 101, Yam Shel Shlomo Chulin #15, are lenient like the Shach.]

If someone had adopted a stringency because he believed that this was the opinion of his Rabbi, and subsequently was informed that this was not his opinion, there is no need for a hataras Nedarim, undoing the oath (p.60). At a separate time, Rav Feinstein explained that a handshake is like a Neder – an oath (ibid).

A person should never take his father or mother to a Din Torah (p. 61). [This is also a Sefer Chassidim #584. It would also seem that the same ruling would apply to taking one’s Rebbe to a Bais Din RYH].
It is forbidden to buy and sell unkosher commodities (p.36). [Thus pork-belly trading is a no-no.]

If someone wishes to study in Israel and it is a time of perceived danger – he must ask his parents’ permission to study there. Someone in Kollel must also ask his in-laws, for even though there is no full obligation to accord them honor like parents – it is forbidden to cause them anguish (p. 61).

When there is a hachnasas Sefer Torah, and the Sofer really finishes the Sefer Torah, but the wealthy donors think that they are writing the letters – there is no deception involved here. The money they have donated is considered to be full Tzedakah.

Insurance money paid for a Sefer Torah that was destroyed does not have Kedusha to it, and may be used for other purposes. (p. 65).

It is denigrating to a Sefer Torah to take a photograph of it unless there is a good reason for it (p. 67).

In regard to Pidyon HaBen Halachos (the laws of redeeming a firstborn son), it seems that a typographical error has entered into Rabbi Felder’s text. On page 69, it states that the child of a Bas Kohain or Bas Levi with a gentile does not require a Pidyon HaBen. However, in Shulchan Aruch it states that if it is a Bas Levi it does not require a Pidyon, but the child of a Bas Kohain with a gentile does require a Pidyon HaBen. There is an obvious error here.

Rabbi Felder clarified the typo and stated that Rav Moshe was ruling on a case where both parents were Jewish, but the mother had become disqualified from marrying a Kohain prior to the birth of the child, but after the child was conceived. In that case, Rav Feinstein had ruled that child is still exempt from requiring a Pidyon HaBen.

Back in the laws of family purity, Rav Felder quotes Rav Moshe as forbidding a Kesem that was found on colored garments if it was the Yom Havest (p.48). [This author (RYH) believes that this is an extremely controversial ruling, as the Shiuri Shaivet HaLevi 190:10:3 “HaYom” writes that only Baalei Nefesh are stringent in this regard, and Rav Elyashiv permits it altogether.]
Even HaEzer

In a Kesuvah (marriage document), if the word “V’kaninah” was left out entirely, one may write the word in, but the witnesses must sign the Kesuvah again. If however the line of the kuf in the word v’kaninah was left out, it may be filled in with no need for the witnesses to sign again (p.77).

There is no need to separately rent the Yichud room, because this is already included in the hall rental. [The husband must take his wife into his own residence owned or rented by him in order to fulfill a Yichud required for marriage].

When there is a great need it is permissible to arrange a Get by means of a video – this is preferable to a telephone. This is only on condition, of course, that they are 100 percent certain that it is indeed the husband. [Although Rav Moshe zt”l passed away long before Skype – it would seem to this author (RYH) that this leniency would apply to Skype too].

When there is a great need, one may give a Get up until fifty minutes after Shkiya (presumably with the date on the previous day). [In this author’s view (RYH) this ruling seems to be extremely controversial].

Choshain Mishpat

If someone printed a book without the permission of the owners, it is permitted to purchase it from the publisher the entire while that an injunction has not been issued. The reason is that there is an assumption that the owner is not adamant (p.91).

If a car was sold with the specific mileage on it stated, and the odometer on a car was tampered with, even if the seller was unaware of it, the sale of the car is invalid. If the seller made no mention of the mileage and the seller was unaware that the odometer was tampered with, the sale is valid (p.86)

When a charitable institution conducts a raffle and they forgot to place one person’s ticket in it, they are not obligated to refund the money since his main intent is for charity (p.86). [It would be a good question as to whether this applies to Chinese Auctions as well. In this author’s experience, people’s main intent is the possibility of winning and at the very least it would seem likely that one should ask the person. By the same token if it is a high stakes raffle, such as a limited sales one and each ticket is $50 or $100, it would seem likely that keeping the money may constitute theft RYH].

When parents purchase a car for their child, they still have the right to place restrictions and conditions on its use after they gave it to him. The rationale is that it is not a matana gmurah, a complete gift (p.87). [Editor’s note: One has to wonder how the child could have asked such a question – were there so many takers back in the seventies when this was asked? Hopefully, it was the parents who posed it as a theoretical question].

Regarding the laws of Mekach Taus (erroneous sale), if someone sold a house with a faulty boiler and the purchaser was unaware of it, the sale is still valid. The reason is that there is no Onaah in regard to landed properties. It is, however, forbidden to knowingly mislead a buyer in such a situation (p.86).

It is permitted to call the police on a thief who is Jewish, and there is no halachic issue of Mesirah. For it is impossible to allow the state to become completely lawless (p. 91).

Rav Felder zt”l was a tzaddik and Talmid Chochom who will be sorely missed.

The author can be reached at [email protected]



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