Hagr"y Zilberstein presents: FAQ on snow • fascinating

The snowstorm that struck Jerusalem and its environs, brought Rabbi Yitzchak Zilberstein, Rabbi of Ramat Elchanan and one of the greatest poskim of our generation to turn his weekly shiur given in the Beis Midrash of Divrei Shir, Bnei Brak, to fascinating halachic questions that came to his desk and raised by the heavy snow.

Behadrey Haredim received the full transcript of the questions and answers which Hagr"y answered to questioners - and gave in the shiur.

First question: A man who drove from Bnei Brak to Jerusalem on Thursday evening, and when he arrived at Sha'ar Hagai, piles of snow accumulated and he could not continue. The car's fuel gauge showed it was going to run out and left him only two hours of heating air, and with him were small children. The person called Magen David Adom ambulance and said he's stuck and his children do not feel well, after an hour an ambulance arrived and transported them to Shaarei Tzedek Hospital in Jerusalem. They were released after checkups, but he has qualms that he 'exploited' the ambulance since he was not yet in danger, and the ambulance could engage in other cases of maternity etc.

Hagr"y replied: If you are with young children and with such heavy snow of two feet, and you see no way out - not backward nor forward, you're already in danger. Therefore you did well and you have nothing to worry about.

Second question: Someone who ordered catering for a Bar Mitzvah for the night of 10th Teves - Thursday night, and a caterer made it all but there was no one to bring the food to the hall. On the other hand he found out that none of the guests can get to the hall and the caterer was stuck with all the food. The question is whether one has to pay him or not?

Hagr"y answered: a caterer is a contractor and is paid by the dishes he brought the hall, so here where he can not come, one does not have to pay, but if he would ask that afternoon whether to come or not, and they would say to come, one has to pay him. Regarding the owner of the hall, he did not give his services and thus the ba'al simcha does not have to pay, and if he had given an advance payment – Hagr"y answere that one needs to think what is the down payment given.

Third question: A woman driving to the nursing home in Telz-Stone and paid for hosting after birth and was supposed to be there until Friday morning, but there was no way out from the area and she remained there on Shabbos with the baby, not having a choice, should she pay for Shabbos?

Answered Hagr"y: obviously she should pay that, because she willingly wants to be there since the cold is so great outdoors and the child is in danger – so she should pay.

Fourth Question: One who took a taxi on Thursday night from Jerusalem to Bnei Brak, left at 8:00 and arrived the next day in Bnei Brak at ten in the morning after 14 hours they were stranded, the initial sum agreed upon was 300 shekels, and the driver demanded at least 3000 NIS, as he claims, what about the heat and the hotel, although this was not luxurious, but you inhabited a taxi all night. Does he have to pay?

Hagr"y ruled: He does not need to pay since that trip was not only for himself but also for the driver, for the heating one probably has to pay.

Fifth question which came to Hagr"y from Rabbi Aharon Dovid Dunner Av Beis Din London, about the snow in London where the goyim check which house on Shabbos has no steps at the entrance, and they know that the house is free to steal from, because everyone goes to shull, and if there are no signs of steps next to it, the house is empty. Can a neighbor make strides in the snow of his neighbor to embed forms and prevent thieves?

Hagaon answered: one is allowed to do so, but in a way which is derabonon - such as replacing the shoes right foot with the left foot and vice versa which is not usual and thus allowed. Hagr"y told: "When I suggested the answer to my brother in law R' Chaim Kanievsky, he told me that in another case it would be bad for shichecha (forgetfulness), but you said good, because it is for the sake of a mitzvah and chessed on Shabbos so not only is it not bad for forgetfulness, but one will get a good memory."

Sixth question: A bride and groom whose chupah was held at the Rebbe's home, and there was a hall to which the immediate family came, but the bride and groom ccould not get to the hall. Is the eating at a wedding without the bride and groom reshus (optional) or a mitzvah?

Replied Hagr"y: There is a machlokes, and there are those who rule that one even makes sheva brochos, and brought an example of a chosson who fell and had to be taken to the hospital and the bride insisted on coming to the hospital with the groom. In such a case - this is a seudas chosson vekala and allowed, but my father in law, Harav Elyashiv zt"l ruled that one should not make sheva brochos.

Seventh question: Hagr"y related to Rabbi Avraham Yosef Weiss z"l, who was a po'el yeshuos, and passed away last Thursday and bought a plot two years before his death on Mount Hamenuhos, and wrote in his will that if there is snow they should bury him in the cemetery of Segulah in Petah Tikva. But here the question arises what to do with the will, whether to wait with the burial or to burry him in the center of Israel?

Hagr"y: according to evidence from Shulchan Aruch one waits until they could bury him where he wanted, such as abroad to Israel, but one who wants to be buried here in Jerusalem - it is not clear that it is a big deal such as Eretz Yisroel that one can wait a few days to bring the deceased. He brought that Hagr"s Vosner also deals with this question in Shevet HaLevi and ruled that Yerushalayim is also a ma'ala as Eretz Yisroel, but R' Shlomo Zalman Auerbach disagrees. Lema'ase, said Hagr"y, that it is difficult to decide regarding Jerusalem of today which is not the ancient Jerusalem.

Eighth Question: After the Jerusalem Municipality pushed the snow on Shabbos on Bar Ilan Street and formed a line down the middle of the street for rescue vehicles and ambulances that can move easily, may one walk down this line or is it called really enjoying ma'ase Shabbos?

Hagr"y ruled: It is permissible, since they cleared for the purpose of saving lives.

Question Nine: Regarding the same issue, a snowplow which wanted to clear the road, but a vehicle was stuck in the snow and prevented it, and they asked the owner of the vehicle for the keys on Shsabbos. Can he give?

Hagr"y ruled: If he gave to a non-Jew is it definitely allowed, and if not, if it is a road that there is a vital need for ambulances to go down, then it is allowed.

Tenth question: Is it permissible to make snowmen?

Answered Hagr"y: surely one should not make snowmen, but he brought a case in Italy where they made chips out of ice and a machine did not distinguish between tokens of metal and ones of ice. The question of someone who does such a thing on Shabbos, whether he is transgressing meleches boneh? Answered Hagr"y that by Motzaei Shabbos it will melt and will not hold, but he still needs the token for a moment, then there is a question whether it is boneh or not.

'בחדרי' גם ברשתות החברתיות - הצטרפו!