Rav Shlomo Zalman wonders as to what the halacha would be if one would turn on an electric light on Yom Tov in an unusual manner. It would seem from Rashi that it would be permitted since he permits performing a melocha in an unusual manner if it would be deemed to be necessary for Yom Tov.
Saturday, November 18, 2006
Daf Yomi - Beitza 23 - Electricity
Rav Shlomo Zalman wonders as to what the halacha would be if one would turn on an electric light on Yom Tov in an unusual manner. It would seem from Rashi that it would be permitted since he permits performing a melocha in an unusual manner if it would be deemed to be necessary for Yom Tov.
Posted by Avromi at 11/18/2006 07:23:00 PM 1 comments
Daf Yomi - Beitza 23 - Twelve and Thirteen Thousand not Literal
Posted by Avromi at 11/18/2006 07:12:00 PM 1 comments
Daf Yomi - Beitza 23 - Fragrance on the Hands of the Kohanim
The Taz (O"C 511) writes that there are those that place a smelling fragrance of oil into the water that the kohanim wash their hands with on Yom Tov. This, he rules, is forbidden because it creates a smell in the water on Yom Tov and it is even forbidden to place the oil into the water prior to Yom Tov for it will be producing a smell on their hands on Yom Tov.
Chacham Tzvi (92) disagrees and maintains that there is never an issur of molid in foods or drinks in the same manner as there is no prohibition of dying foods or drinks. There is also no prohibition on the the flesh of a person and therefore it would be permitted to place the oil into the water on Yom Tov.
Rav Yaakov Emden (42) writes that if it is the custom in the city to prohibit this action, it is preferable not to do it. The Chida rules stringently as well.
Posted by Avromi at 11/18/2006 06:49:00 PM 3 comments
Labels: beitza, chacham tzvi, daf yomi, kohen, Rav Yaakov Emden
Friday, November 17, 2006
Daf Yomi - Beitza 22 - Shower on YomTov
ShemaYisroel
These Halachos were shown by Rabbi Ostroff to
HaGaon HaRav Moshe Sternbuch, shlita
Is bathing in hot water permitted on Shabbos?
Several factors are taken into account in providing a ruling.
* The bathing itself.
* The hot water system used; a boiler, sun heater etc.
* Was the water heated before or on Shabbos?
What can be wrong with bathing - I don't see any melacha involved?
Indeed bathing does not involve a melacha but is nevertheless prohibited.
The gemora Shabbos 40a [1] relates that initially people would bathe (in bath-houses) in water heated before Shabbos, but the attendants would heat the water on Shabbos and declare that it was heated before Shabbos.
So Chazal prohibited bathing but permitted the sauna.
People would continue to bathe in hot water and declare that they were wet from sweating in the sauna, so they prohibited the sauna as well.
The gemora concludes that bathing in hot water and sweating are prohibited but bathing in cold water is permitted. This will be dealt with later.
Well maybe a shower in hot water is different to bathing?
Another gemora on Shabbos 39b [2] cites a machlokes between R' Me'ir and R' Yehuda and halacha is in accordance with R' Yehuda, who states the following.
One may not shower one's entire body with hot water on Shabbos and Rashi annotates that this is even with water heated before Shabbos.
To summarize: one may not shower or bathe in hot water on Shabbos, even with water heated before Shabbos and even if a 'water-heating' system is not involved. It is the actual bathing that is prohibited.
Why does the gemora say one's entire body?
The gemora on the same amud makes a distinction between water heated before or on Shabbos and states that one may wash one's face, hands and legs with water heated before Shabbos but not with water heated on Shabbos.
Although one could argue that the same reason that prohibits washing one's entire body should prohibit washing face, hands and legs, nevertheless Chazal only prohibited bathing the entire body.
The Shulchan Aruch HaRav [3] (based on the Magen Avraham) adds that the majority of one's body is considered the entire body, whereas face, hands and legs are the minor parts. Consequently, one may wash the minor parts of one's body - not only face, hands and legs, provided that one does not wash the majority. [4]
Isn't there something about washing one limb at a time?
That leniency is applied to Yom Tov not to Shabbos. [5]
You mentioned that one may not bathe even one limb with water heated on Shabbos, how was the water heated?
We find several permitted heating modes.
* Heated by a gentile for a sick person. A gentile may heat water to bathe a sick person but a healthy person may not bathe even a single limb in that water. [6]
* Water placed near a heat source, in a way that it would not reach the temperature of yad soledes bo. [7] Certain restrictions exist, such as it cannot be placed on a hot-plate or blech [8] on Shabbos, nor can it be placed near heat if it can reach yad soledes bo over a period of time. One may not place cold water on a radiator intending to remove it before it reaches yad soledes bo. If it cannot reach yad soledes bo it is permitted.
This water is heated on Shabbos and may not be used to wash hands or an arm etc.
And water heated before Shabbos?
Water placed on a hot-plate or blech before Shabbos and heated on Shabbos, is considered as heated before Shabbos. Sun heated water may also be used to wash face, hands and legs. [9]
Do the sick and infirm share the same halachos as the rest of the populace?
R' Akiva Eiger writes that an ailing person may bathe in hot water heated before Shabbos even though he is not a choleh she'ein bo sakana (sick in bed). [10]
May one use water from a solar heater (when water was heated before Shabbos)?
We have dealt with this issue in vol. V shiur 9, where it was demonstrated that while drawing water from the water boiler, fresh cold water enters and might be heated from the existing water. Another problem was how to define the solar panels.
A regular boiler heated with a heat element is far more severe and is off limits on Shabbos; it is far too complicated.
Rabbi Yisroel Dov Webster
Question: Is it permissible to take a warm shower on Yom Tov ?
Answer: On Yom Tov according to some poskim only a cold shower is permissible if one has a lot of discomfort otherwise taking a shower is prohibited.
Chicago Rabbinical Council
Bathing on Yom Tov
The celebration of Pesach this year which falls on Thursday and Friday is most challenging as it is part of a three day abstention from melacha and prohibited activity when we add on Shabbos. We are all aware that we rely on the eruv tavshilin in regard to preparation of cooking on Yom Tov for Shabbos. However, due to the fact of a widespread change in our modern lifestyle concerning daily showering or bathing, is it possible to shower on Yom Tov?
The Shulchan Aruch rules that the entire body may not be bathed with warm water heated on Yom Tov, but rather on the face, hands, and feet (Orach Chaim 511, 2). This is based on the Talmudic analysis of the phrase regarding the permissibility of doing certain “melachos” on Yom Tov which states: “Ach asher ye’achel l’chol nefesh hu l’vado ye’aseh lachem” (Shmot XII: 17) Only that which may be eaten by every soul that alone may be made for you.”
The principle deduced is that the type of activity allowed was shaveh l’chol nefesh' an act everyone would normally do if it would be permitted. In the Talmud, although heating water for cooking is definitely permitted because everyone would have pleasure from this action, in the matter of bathing the entire body only the highly delicate, sensitive people would bathe that often, but the majority would not. Therefore, they would not be included in the “hetter” in the permissibility of complete bathing. In the above context the emphasis is not on the very act of bathing but rather the action of heating the water on Yom Tov for something that is not shaveh l’chol nefesh. The Baalei Tosfos (Beitzah 21b) remark that the act of complete bathing with warm water would only apply to those who are meungim, people of pleasure, in contrast to the majority and consequently it is not shaveh l’chol nefesh. However the fact that members of contemporary society are showering daily would place the majority of people in the category of meungim and it would be considered as a davar ha’shaveh l’chol nefesh.
Without going into all of the details of those responsa who have dealt with this matter, there is room for leniency in situations of great discomfort. It should be noted that the above does not apply to Shabbos as far as the use of hot water is concerned because there are specific rabbinic edicts against bathing in hot water, etc. (Shulchan Aruch, Orach Chaim, 326) [See Hadarom no. 70-71 Elul 5760, Rechitza b’Yom Tov]
Young Israel Passaic
SHOWERING ON SHABBAT AND YOM TOV most especially in hot weather is probably one of the most difficult situations to address. According to one opinion (Rambam), showering or bathing is prohibited by g'zayra (rabbinic edict) to prevent what inevitably will result in chillul Shabbat or Yom Tov. The predominant minhag is therefore not to shower on Shabbat or Yom Tov.
This having been said, nonetheless, there are some rudimentary guidelines that can be offered in how to deal acceptably with showering especially over a three-day Yom Tov. One must be certain that these guidelines are not interpreted incorrectly, so it best to ask before and take the time to understand how things ought to be done.
[5.1] On Yom Tov even though one may use hot water for preparing food, one may only use that same source of hot water only to wash parts of the body selectively, i.e. face, hands, feet and any area which has been dirtied. One may not fully shower with hot water on Yom Tov (g'zayrat merchatz).
[5.2]. Under the duress of oppressingly hot weather (mitzta'ayr), one may take a cold shower on Yom Tov rinsing the entire body. According to one opinion, the shower may even be tepid under such circumstances (R. Akiva Eiger to Shulchan Aruch O. Ch. 307:5).
[5.3] At all times one may not use a washcloth or a bar of soap. (Some even object to liquid soap and commercially prepared shampoos because these are not sufficiently liquified).
[5.4] Drying one's hair by rubbing the scalp with a bath towel is not permitted (because of s'chita). Obviously, electric hair dryers can not used.
[5.5] An infant may be bathed in hot water on Yom Tov as is necessary.
[5.6] Recreational swimming is not acceptably within the spirit of Shabbat or Yom Tov even though one is allowed to totally immerse in a mikvah on Shabbat and Yom Tov for the sake of the mitzvah. If a swim is the only way to cool off in a heat wave, one should ask a serious question of a Rav before attempting such relief.
Posted by Avromi at 11/17/2006 03:45:00 PM 1 comments
Daf Yomi - Beitzah 22 - Lekavod Shabbos
Posted by Anonymous at 11/17/2006 03:33:00 PM 0 comments
Daf Yomi - Beitzah 21- Leaving the light on
Posted by Anonymous at 11/17/2006 09:07:00 AM 0 comments
Daf Yomi - Beitza 21 - Shechting a Korban on Yom Tov
The gemara asks, acc. to opinion that nedarim and nedavos can't be brought on yom tov, what would be if one violated shechita, would you sprinkle the blood. The gemara says that if the meat is around all agree that you can sprinkle the blood (and violate a shevus of zrika - see pesachim 65b) in order to eat the meat on yom tov (ochel nefesh pushes off the shevus of zrika).
The gemara implies "avar vishachat" that he intentionally violated the prohibition to shecht the korban, so the meat should be assur m'drabonon to eat just like one who cooks on shabbos b'mazid the food is assur (beitza 17b!). If it is assur to eat the meat there is no longer a heter to do the zrika (acc. to rava)? He suggested that since there is a mitzvah to eat kodshim, we can apply mitzvos la'av l'eihanos nitnu to allow eating the korban. To me it seems that this would only work with the chiddush of r' moshe (o.c. 1:126:3) that we are magdir even the issur d'rabonon of ma'aseh shabbos as an issur hana'a so that the heter of mitzvos la'av leihanos nitnu would apply. If it would be a regular kenas derabonon not to eat it, there wouldn't be a heter of mitzvos la'av leihanos nitnu.
I couldn't find anyone else (i.e. tzlach, pnei yehoshua, sfas emes) address the question.
The question intrigued me and I found it in a sefer and commented there. Here are some of the comments.
Avromi said...
reb shlomo zalman in minchas shlomo says that if it would be bemeizid like the loshon is mashma, it should be ussur because of maaseh yom tov.
he does quote a kehilas yaakov which im not sure what he says yet. i cant find it.
5:49 PM
Avi Lebowitz said...
i looked for the teshuva you mentioned from minchas shlomo. i was only able to find in chelek 1 teshuva 10 footnote 7 a discussion about why the meat is not muktzah. this issue is already discussed at length by the tzlach and mitzpah eisan (printed in the back of the gemara). but i still have not found the question about the meat being assur bec. of ma'aseh shabbos.
6:47 PM
Avromi said...
he has a sefer on beitza - its not in the teshuvos one
7:24 PM
Yossie Schonkopf said...
maybe: you cannot make hekdesh asur an isur cheftza because it doen't belong to you. a person may not make asur what is not his.
7:32 PM
Yossie Schonkopf said...
also, there is no shvus in the mikdash, maybe this included.
7:35 PM
Avromi said...
the pnei yehoshua asks on the gem that there shouldnt be shvus bmikdash bichlal so why should the zrika be assur? shita says that here is different since he did an aveira.
7:39 PM
We also discussed previously as to what the prohibition would be for performing a zerikah on Shabbos here.
Daf Yomi - Yoma 46 - Zerika on Shabbos - What's Wrong?
It is clear from Rashi and Tosfos on this daf that a possuk is necessary to teach us that shechita and zerika (the sprinkling of the blood) is permitted on Shabbos. Reshash is bothered as to what the issur would be to perform zerikas hadam on Shabbos? The Rashba in Menochos (21) seems to indicate that the predicament would be that the azarah is considered reshus harabim. The Mishna in Tamid states that if a sheretz was found in the azarah on Shabbos, they would turn a pot over it. The Rosh comments that the difficulty was that the sheretz is deemed to be muktza. He quotes others who explain that it would be forbidden to transport it on Shabbos for the azarah is reshus harabim. He disagrees vehemently with this, for the Gemora Pesachim states that it is regarded as reshus harabim only in respect to the halachos of tumah, but not for Shabbos. It would seem obvious that the azarah is not reckoned as a reshus harabim for it is surrounded by walls and the doors are locked at night?
Why would zerikas hadam be considered a violation of Shabbos, that we need a passuk to say that it is acceptable?
Shlomo said...
Shalom,
Just noticed on the Midrashiya that they bring a Tiferes Yisroel that it might have to do with צביעה or they say their own logic (which im not quite sure what it is) that it might be זורה - winnowing, but it looks from them it is some type of separating the blodd on two sides of the mizbeach - not sure though.
Posted by Avromi at 11/17/2006 06:28:00 AM 0 comments
Thursday, November 16, 2006
Daf Yomi - Beitzah 20 - Don't leave your Master's Table empty
Posted by Anonymous at 11/16/2006 09:01:00 PM 0 comments
Wednesday, November 15, 2006
Daf Yomi - Beitza 20 - The Nazir's Korbanos
The Gemora also rules that if one declares himself to become a nazir and when he completes his nezirus he will bring the korbanos from the money of maaser sheni, the vow takes affect - he is a nazir, but he may not use the maaser sheni money for the korbanos.
Rashi explains that once one commits to offering a korban, he is immediately obligated to bring it and it's as if hekdesh has taken possession of the money. One cannot use other money for this obligation since hekdesh has already taken hold of his private money.
Tosfos states that if the person would have changed the order of his declaration and stated that on the condition that the nezirus korbanos can come from maaser sheni money, I make myself a nazir or if he states that on the condition that he can discharge his chagiga obligation, he is bringing a korban todah, the condition is valid.
The Lechem Mishna in Hilchos Chagiga (2:14) cites an opinion of a Raavad that agrees with Tosfos regarding a korban todah and chagiga that the stipulation will be effective; however in regards to a nazir, he disagrees and maintains that one cannot obligate himself to become a nazir on the condition that the korbanos come form maaser sheni money. What is the explanation of the Raavad for this distinction?
Rav Elchonon Wasserman explains that the Raavad maintains that one does not obligate himself in the nezirus korbanos, rather he becomes a nazir and the Torah mandates that he must bring korbanos. Therfore, one cannot stipulate that he wants to be a nazir and the korbanos should come from maaser sheni money since the korbanos are not part of his vow. Tosfos holds that the korbanos of the nazir are included in his vow and therefore he can stipulate that he wants to obligate himself to become a nazir but the korbanos can come from maaser sheni money.
Rabbi Shimon holds that one who obligates himself to become a nazir and adhere to all its halachos except for the abstaining from wine, it is not valid and he is not a nazir. It would stand to reason that according to Tosfos, the halacha would be the same if he declares his intention to become a nazir except for the korbanos, it would not be effective. However, according to the Raavad, there can be a distinction since the korbanos are not included in the vow and acceptance of nezirus.
Posted by Avromi at 11/15/2006 04:35:00 PM 2 comments
Tuesday, November 14, 2006
Daf Yomi - Beitza 19 - Appearances can be Deceiving
Rashi explains that this is not regarded as 'appearing as fixing a utensil' which is forbidden on Yom Tov since there is no real purpose in immersing them a second time.
The Shita Mekubetzes asks that this halacha would seem superfluous? Why does the Mishna find it necessary to state this ruling when it is clear that if the immersing is accomplishing nothing, it will be permitted? He answers that the novelty is that even though the owner thinks that he is fixing this utensil, it is nevertheless permitted.
Sheorim Mitzuyanim Bhalacha infers from here that the prohibition against immersing utensils on Yom Tov because it appears that one is fixing a utensil is referring to others. Since others who are viewing the immersion will think that you are repairing this utensil, it is prohibited. That is why in this case it is permitted.
This explains why one is permitted to immerse himself on Yom Tov because it appears as if he is cooling himself. Even though the person himself knows that he is immersing to rid himself of the tumah, that is no concern to us since the onlookers think that he is cooling himself off. Therefore, one should recite the blessing quietly for otherwise it would be evident that he is immersing because of the mitzva.
This is similar to a Magen Avrohom (323:13) who writes regarding the Rama's ruling that if one purchased a utensil from a Gentile , there is a manner in which he can immerse it on Yom Tov that it will not appear as if he is fixing the utensil. He can immerse it in a mikvah and fill up the utensil with water at the same time and use the water, so that it will not appear as if he is immersing , rather he is just drawing water to use. The Magen Avrohom writes that if he would recite a blessing, it would be counterproductive.
This would not be consistent with the ruling of the Rambam according to the Beis Yosef's explanation. The Rambam writes that beis din should not immerse a convert on Shabbos or Yom Tov since it is something that requires beis din. Why didn't the Rambam say that the reason is because it is forbidden to repair on Yom Tov like it is stated in our Gemora? The Beis Yosef explains that the reason of appearing like fixing is negated by the logic that one could say that he is cooling himself off and therefore the Rambam needed a different reason. The logic of 'cooling off' by a convert is a little far'fetched. There are talmidei chachomim next to him and they are telling him all the laws of the Torah, plus for the fact that he is reciting a blessing and nevertheless we still would say that perhaps he is cooling himself off.
Harav Moshe Feinstein (O"C 1 126:6) writes different than what we were discussing. He states that an action that can be done for two reasons, one for fixing and one for pleasure - such an act is permitted to do on Yom tov for we are not concerned that he will become lenient in these matters because of this. This is why immersing in a mikvah is permitted even though the individual is well aware as to the real reason that he is immersing.
Posted by Avromi at 11/14/2006 11:16:00 PM 2 comments
Daf Yomi - Beitzah 19 - New Year's Resolutions
Posted by Anonymous at 11/14/2006 05:15:00 PM 0 comments
Daf Yomi - Beitzah 18- The Holy Light of Creation
Posted by Anonymous at 11/14/2006 03:32:00 PM 0 comments
Daf Yomi - Beitza 18 - A Utensil Before Immersion
Rav Shlomo Zalman Auerbach in his sefer on Beitza, Minchas Shlomo asks a question based on this. The Rama rules that if A Yisroel and a Goy buy a utensil in partnership, the utensil does not require tevila before it is used. This is because the immersing in the mikvah will not accomplish anything since it will still be owned by the Goy. The Beis Meir asks on the logig of the Rama. While true that nothing will be accomplished with tevila, what has removed the prohibition from the utensil allowing it to be used? Rav Shlomo Zalman asks on the Beis Meir and explains the opinion of the Rama. Even if we will maintain that immersing a utensil bought from a Goy is Biblical, the prohibition of using it prior to the tevila is only Rabbinical. Perhaps it can be said that when tevila will not accomplish anything, there is no mitzva of tevila and therefore automatically there will be no prohibition against using this utensil.
It seems evident from the Beis Meir that he holds that a utensil prior to tevila is an object of issur and cannot be utilyzed unless there is something to be matir it.
The Rishonim on our daf explain the reason that one cannot be tovel a keli on yom Tov is because it would appear as if one would be fixing. This would also indicate that the utensil prior to the tevila is a 'chefetz d'issura' - an object which is inherently prohibited and not just because there is an obligation of tevila. Rav Shlomo Zalman states that it can be regarded as if the keli is tomei before immersion in the mikvah.
Posted by Avromi at 11/14/2006 02:28:00 PM 4 comments
Sunday, November 12, 2006
Daf Yomi - Beitzah 17 - Deception is the worst
Posted by Anonymous at 11/12/2006 11:10:00 PM 0 comments
Daf Yomi - Beitza 17 - Ploys and Ruses
Rashi and Tosfos both ask from a Gemora on 11b that does allow for a certain ruse to be performed on Yom Tov. One is not permitted to salt meat which he will not be eating on Yom Tov since it is considered unnecessary exertion. Rav Ada rules that one may salt one piece of meat and then change his mind on this piece and decide that he would rather eat another. He can salt the second piece and then do the same with the third and continue in this manner until all of his meat is salted. Why is this ploy allowed?
Rashi and Tosfos both answer that regarding the salting, there is no melacho being perfomed since tanning is not applicable by foods. The fact that there will be unnecessary exertion with the salting is negated by the flip-side of not slaughtering on Yom Tov out of fear that the meat will spoil. This will cause a detraction in the simchas Yom Tov. Our Gemora is concerned about cooking which is a melocha and therefore we do not allow the ruse of cooking and claiming that there are guests coming.
It is noteworthy that not all ploys are judged the same. Sheorim Mitzuyanim B'halacha cites a Gemora in Shabbos 139b that permits a talmid chocham to perform a certain ruse. Rav Huna was allowed to put a clove of garlic in a barrel of wine to seal the opening thereby stopping the wine from coming out. His claim was that he did this in order to store the garlic away. This is actually a melocha of fixing the barrel and nonetheless we allow a talmid chocham to do this.
Rav Huna also went to sleep in a Gentile's ferry in order to guard his fruit on the other side even though he knew that the ferry will be crossing the river. He was allowed to claim that he was just going to sleep.
The Gemora there states that since the concern is regarding Rabbinical melochos, we allow a talmid chocham to perform such ploys for he will not transgress this prohibition outright.
There is another Gemora in Shabbos 95a which allows a wife or daughter of a talmid chocham to wash various utensils in different parts of the house. This is permitted even though her intent is to wash the floor which is normally prohibited.
We have one Gemora that prohibits anyone from performing a ruse, one Gemora that permita a talmis chocham, one that permits a wife of a talmid chocham and one that allows anyone.
Obviously, not all ploys and ruses are treated the same - what the rule is, we are not sure.
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Posted by Avromi at 11/12/2006 10:56:00 PM 0 comments
Daf Yomi - Beitzah 16 - The Neshamah Yeseira, the Primordial Light
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Daf Yomi - Beitzah 16 - TThe Neshamah Yeseira, holiness and purity
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Daf Yomi - Beitzah 16 - The Neshamah Yeseira, a partnership of body and soul
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Daf Yomi - Beitzah 16 - Neshamah Yeseira and a Candle
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Daf Yomi - Beitzah 16 - Neshamah Yeseira and Crowns
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Daf Yomi - Beitzah 16 - Neshamah Yeseira for Nusach Ashkenaz
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Daf Yomi - Beitzah 16 - Nishmas and the Neshamah Yeseira
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Daf Yomi - Beitzah 16 - Experiencing the Neshamah Yeseira
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Daf Yomi - Beitzah 16 - Neshamah Yeseira, a spiritual state of intoxication
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Daf Yomi - Beitzah 16 - Neshamah Yeseira, one step at a time
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Daf Yomi - Beitzah 16 - Shabbos is the most treasured gift from HaShem
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Daf Yomi - Beitzah 16 - Shabbos and Fear of Heaven in HaShem's Treasure House
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