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Eliyohu ben Moshe Mordechai a”h

By his family

Fresh Halachic Rulings Emerge From Rebbe Rashab’s Lost Notes

Among the fascinating insights emerging from the long-lost handwritten annotations of the Rebbe Rashab, recently published for the first time, are a number of practical rulings with direct relevance to day-to-day Chabad custom.

By Anash.org reporter

Among the fascinating insights emerging from the long-lost handwritten annotations of the Rebbe Rashab, recently published for the first time, are a number of practical rulings with direct relevance to day-to-day Chabad custom. Some differ from common practice, while others shed new light on questions that have long been debated.

As reported by Anash.org, the annotations were discovered by Hatomim Schneur Zalman Gurary among the uncatalogued sefarim of the Lubavitch library in Moscow, where they had sat unnoticed for over a century. Written in the margins of a pocket-sized copy of Kaf Hachayim by Harav Chaim Palaggi, the renowned Sephardic posek of Izmir, Turkey, the 64 notes were penned by the Rebbe Rashab during his travels, away from his library in Lubavitch.

The newly published volume, Hagahos Toras Shalom, edited and annotated by Rabbi Shalom Dovber Friedland, contains a wealth of newly uncovered halachos, minhagim, segulos, and historical insights that have now been deciphered and published for the first time.

Rabbi Yosef Braun of the Crown Heights Beis Din discussed a number of the practical ramifications emerging from the notes on a recent episode of his Lmaan Yilmedu podcast. Several of these rulings, along with additional examples, are also featured on AskTheRav.com.

Here is a selection of some of the chidushim:

Asher Yatzar in the Morning

The widespread custom, following the Levush and Rama, is to recite Asher Yatzar as part of Birchos HaShachar regardless of whether one actually used the restroom that morning.

To avoid a possible bracha levatala, authorities, including the Magen Avraham and the Alter Rebbe, recommend using the restroom beforehand when possible. Rabbi Chaim Palaggi takes the matter a step further and argues that one should not recite the bracha without having used the restroom.

In the newly published notes, the Rebbe Rashab addresses this directly, ruling that according to the Alter Rebbe’s Shulchan Aruch, one should nevertheless recite Asher Yatzar in accordance with the established communal custom, even if he did not use the restroom that morning.

Rounding the Corners of a Kappote

A kappote that is split in the back can technically create four distinct corners, potentially triggering an obligation of tzitzis. The standard solution is to round the corners, although poskim debate how much rounding is required. Some maintain that any degree of rounding is sufficient, while others require a larger curved area measuring three by three etzba’os.

In the newly published notes, the Rebbe Rashab discusses the rounding of corners on a blanket and writes that there is no minimum measurement. Any degree of rounding is sufficient to exempt the garment from the obligation.

Rabbi Braun notes that this would broadly validate the common practice of rounding the corners of a kappote only slightly.

Children Saying Kaddish

Rabbi Chaim Palaggi, based on his understanding of the Arizal’s teachings, adopts the stringent position that a child should not recite any form of Kaddish alone without the aid of an adult.

In the newly published notes, the Rebbe Rashab strongly disagrees, noting that Kaddish was originally instituted specifically for children. This stringency, he writes, therefore lacks basis.

Davening When Facing Erva

When davening and there is exposed flesh (erva) in one’s line of sight, one must either turn away or block the view. Holding a siddur before one’s eyes or closing them may suffice in certain cases. For actual erva, however, both the face and body must be turned away.

When only a tefach of exposed flesh is involved, many poskim hold that turning the face alone is sufficient, while others maintain that even closing the eyes may suffice.

Another related question arises when avoiding the problem would require not facing east. Poskim debate whether one must seek out a different location or may simply daven in another direction.

In the newly published notes, the Rebbe Rashab discusses a related case involving davening in a room where idols are positioned toward the east. He writes that turning to face another direction is permitted only when no reasonable alternative exists. This implies that one should first make a genuine effort to find a location where he can continue facing east before resorting to davening in another direction.

Reading Shema When Needing the Restroom

When someone urgently needs the restroom and the time for Krias Shema is about to expire, the question arises whether he should read at least the first pasuk or first relieve himself and thereby forfeit the Torah-level obligation.

One opinion maintains that since Chazal established their requirements even at the expense of a positive commandment, he should not read. Others argue that he should at least recite the first pasuk in order not to miss Krias Shema entirely.

Some question why Krias Shema should be treated differently from tefillah.

The newly published notes lend support to distinguishing between the two. The Rebbe Rashab cites an account of a tzaddik who delayed davening until attending to bodily cleanliness, yet recited Shema beforehand. This indicates that Krias Shema is treated differently in this regard.

Waiting After Shemoneh Esrei at Maariv

When finishing the silent Shemoneh Esrei, one is supposed to wait before taking three steps back until the chazzan reaches Kedushah. At Maariv, where there is no Kedushah, the question is how long one must wait.

In the newly published notes, the Rebbe Rashab writes that at Maariv, waiting the amount of time it takes to walk four amos is sufficient before stepping back.

Notably, this differs from the Rebbe’s own practice. On a regular weeknight, the Rebbe would wait until the chazzan reached Tiskabel in kaddish, and on Friday night until Magen Avos.

Returning for Kedushah After Shemoneh Esrei

If someone finishes Shemoneh Esrei late and the chazzan has already begun Kedushah, most poskim, following the Chida, rule that one should immediately return to his place in order to answer Kedushah.

The Aruch HaShulchan stands virtually alone in ruling that one should remain where he is and answer Kedushah from that spot rather than interrupt the standard waiting period.

In the newly published notes, the Rebbe Rashab appears to side with the Aruch HaShulchan. If the congregation is already reciting Kedushah when one finishes Shemoneh Esrei, he should remain where he is and answer from there.

Rabbi Braun notes that there is some ambiguity in the wording of the note as to whether this applies generally or only once Kedushah has already begun.

Positioning Tzitzis in a Gartel

Chabad custom is not to tuck tefillin straps or tallis strings into the gartel. Nevertheless, a gartel of some sort is commonly worn over the tallis katan to keep it from folding.

In the newly published notes, the Rebbe Rashab writes that one should be careful (nachon ledakdek) that when securing the tallis katan with the gartel, the rear tzitzis remain in the back and the front tzitzis remain in the front, rather than becoming bunched together. It should be pointed out that the Rebbe Rashab does mention that there are those who do not position the tzitzis in the gartel.

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