json/Responsa/Acharonim/HaElef Lekha Shlomo/English/Sefaria Responsa Anthology.json

{
    "language": "en",
    "title": "HaElef Lekha Shlomo",
    "versionSource": "https://www.sefaria.org",
    "versionTitle": "Sefaria Responsa Anthology",
    "status": "locked",
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    "actualLanguage": "en",
    "languageFamilyName": "english",
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    "direction": "ltr",
    "heTitle": "האלף לך שלמה",
    "categories": [
        "Responsa",
        "Acharonim"
    ],
    "text": {
        "Orach Chayim": [],
        "Yoreh Deah": [],
        "Even HaEzer": [],
        "Choshen Mishpat": [],
        "Omissions": [
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            [
                "To the sharp Rabbi Natan Dembitzer and Mr. Leib Horowitz, notable leader of the community of Krakow.",
                "I received their letter on Sunday of the portion of Mishpatim, toward evening, and although I am preoccupied and weakened, I immediately turned my attention toward a response, on that night, for this is a timely matter, as the days of Pesah are drawing near, please God. In a large, important city, one must begin teaching more than 30 days before Pesah. ",
                "Regarding your question of whether to practice the baking of matza by means of the machine that has been invented in Germany: God forbid, and for several reasons that I will, please God, explain. One cannot bring proof from [the fact that it is practiced in] the country of Germany.",
                "There are, in my opinion, three reasons to forbid as a matter of law.",
                "First, on order to fulfill the obligation of the mitzva [of eating matza], it will not help is it is [made] by machine, for we maintain that one does not discharge his obligation if it is made by a deaf-mute, deranged individual, or minor, who do not have sufficient intelligence, even if an adult Jew is standing over them. If so, the operations of this machine are no better than the actions of a minor, who has no independent intelligence, and for whom it is even ineffective if an adult Jew stands over him. The implication of the halakhic authorities is that we require that the matza used for the mitzva must be done by an adult Jew from the beginning of the kneading process. Thus, one certainly would not fulfill the mitzva of matza. If so, the masses, who do not know to distinguish other matza from the matza used for the mitzva, will use machine-made matza for the mitzva and thus will not fulfill the mitzva. They will also certainly recite a blessing in vain (berakha le-vatala). It will not occur to him to ask for assistants to make matzot that may be used for the mitzva. It is therefore proper to decree against this because of that, for this is a decree that safeguards a mitzva of the Torah, for one would not fulfill the mitzva of eating matza according to the Torah with this matza. There is another ramification for one who forgot to eat the afikoman, for we maintain, following Shulhan Arukh, that if one did not eat matza that was observed from the time of harvest, one need not go back and eat. Rather, everything he ate during the meal, that is, our plain matza, since it is called matza and the assistant knows that he is baking matza, it is as though he intended it for the purpose of the mitzva, for he thinks that all matza is used in a mitzva. This would not be the case if there would be machine matza, with which one can certainly not fulfill the mitzva. This will ruin things in a case where one forgot to eat afikoman. This is the first reason.",
                "Secondly, it is stated in Pesahim (36a): “All agree that [matza] may not be kneaded with lukewarm water.” The Talmud then asks: “Why is this different from meal offerings, about which the Mishna states: ‘All meal-offerings are kneaded with lukewarm water, and are guarded so that they do not become hametz’?” It answers: “If this was said regarding those who are vigilant (zerizin), should it be said about those who are not vigilant?” It is thus explicitly demonstrated that even when kneaded in lukewarm water, it is possible that [the dough] will not become hametz. However, since it must be guarded, it is forbidden to knead in lukewarm water. This implies that plain matza does not require such intense guarding. In other words, since one is directly engaging with it (be’yadayim; lit, ‘with his hands’), and as long as one is directly engaging with it, it will not by itself become hametz. There is also no reason for concern that he will put it aside after he is finished engaging with it, for why would he do such a thing? However, where greater vigilance and more intense guarding is required, we have no right to rely upon ourselves. Therefore, in the present case as well, if machine-made it requires more intense guarding, firstly, because we do not know whether engagement by means of the machine contravenes the assumption that it will not become hametz, for we only find the halakhic authorities addressing cases where someone engaged with it with his hands. Who can guess the natural order of things? ",
                "And even if it prevents it from becoming hametz, since the machine process makes square [matza], and crumbs remain, as you have stated, it is certainly forbidden to attach the crumbs later, for they are left for some time after any engagement with it. Thus, after engaging with it, it immediately becomes hametz, and therefore one must destroy the crumbs to prevent them from becoming mixed with the matza. Thus, it requires a more intense form of guarding, and is therefore no better than kneading in lukewarm water—even if it is possible to guard it, it is forbidden to do to make matza. Certainly, then, that is the law in the present case.",
                "We further know that it is common to find within the matzot entire or partial wheat kernels. Time can tell that for the fifty years that God has privileged me to be a teacher of the law in towns, there has not been a year when there were no questions like this. If so, it can be presumed that an assistant who works by hand, by the sense of touch, will sense this and ask a question. This is not the case with regard to a machine: who will sense if there is, within a matza, a whole or partial wheat kernel? Who can trust that they will check afterward? We are concerned that it will be forgotten, and we are not amongst the vigilant, as stated explicitly in the aforementioned talmudic passage. We cannot be relied upon for anything that requires vigilance.",
                "There is yet a third reason. The Talmud in Pesahim (37a) states explicitly that one may not make figure-shaped cakes (“sakrokin”) on Pesah. It is then asked: “Let one make it in a mold, which will set it [immediately].” The answer given is: “Then it will be said that all sakrokin are forbidden, but the sakrokin of Boethus are permitted.” There is a dispute amongst halakhic authorities about this, and the law accords with Tur and Shulhan Arukh that all sakrokin are forbidden, whether they are from a bakery or anywhere else. If so, this is actually the law of the Talmud itself. If in that case, where all the work is done by a Jew except that the shape is given by a mold, it is forbidden lest they say that all sakrokin are forbidden but the sakrokin of Boethus are permitted, then certainly in a case where all the work is done by a mold, shall we say that all of the matzot not made by an adult Jew are forbidden, yet those made by machine are permitted? Do not even suggest it!",
                "It also not ethical or proper to steal from the poor, whose eyes are raised to this, so they can be amongst those who help, which in turn helps them with the significant costs of Pesah for our people. We go further than this in the first chapter of Megilla: the reason we do not read the Scroll of Esther on Shabbat, according to R. Yosef, is that the eyes of the poor look toward the reading of the Megilla. See Tosafot ad loc., which explains that even where there is no concern for carrying [the scroll in a public domain], it is forbidden [to read on Shabbat], for the aforementioned reason. Now, reading the scroll is obligatory, instituted by prophets, yet it was cancelled on Shabbat because the eyes of the poor look toward the reading of the scroll. Certainly, then, in the present case, where there is no mitzva to use the machine, it should not be done, because the eyes of the poor look to this to earn some money for Pesah. Moreover, some homeowners and members of the middle class, and certainly commoners, do not give the customary pre-Pesah charity (ma’ot hittin) instituted by the early sages. They fulfill this by nevertheless allowing them to earn some money by aiding the matza-baking. Is it not so that if we cancel this at well, we would be canceling the mitzva of tzedaka and ma’ot hitin for Pesah?",
                "Moreover, Jewish custom is itself Torah, and matzot were always round, not square. Now they make the matzot square because it is impossible to make them round, because of the crumbs, as you have written. But they are square, and changing Jewish custom should not be done.  Therefore, we shall follow our fathers, and we will not deviate from them right or left. Their merits will protect us, to return us to the land of our fathers in their merit, speedily in our day. In friendship, etc. "
            ]
        ]
    },
    "schema": {
        "heTitle": "האלף לך שלמה",
        "enTitle": "HaElef Lekha Shlomo",
        "key": "HaElef Lekha Shlomo",
        "nodes": [
            {
                "heTitle": "אורח חיים",
                "enTitle": "Orach Chayim"
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            {
                "heTitle": "יורה דעה",
                "enTitle": "Yoreh Deah"
            },
            {
                "heTitle": "אבן העזר",
                "enTitle": "Even HaEzer"
            },
            {
                "heTitle": "חושן משפט",
                "enTitle": "Choshen Mishpat"
            },
            {
                "heTitle": "השמטות",
                "enTitle": "Omissions"
            }
        ]
    }
}