Rabbi Aryeh Wolbe Podcast Collection

00:03 - Intro (Announcement)
You're listening to Rabbi Aryeh Wolbe of Torch in Houston, Texas. This is the Everyday Judaism Podcast.

00:08 - Rabbi Aryeh Wolbe (Host)
All right, welcome back everybody to the everyday judaism podcast. We are going to the second installment in the laws of the mourners, kaddish, chapter halacha number 5. We were talking about the priorities of who gets to recite the Kaddish and again, this is only in a place where one person recites the Kaddish. So one person gets the Kaddish, but today the custom in most congregations is that all those who have an obligation to Kaddish recite it together. So therefore, these laws of priority are not as relevant today, but they're still relevant. They're always relevant. Obviously, the laws teach us a lot in priorities. Okay, halacha number five Yortzayzeit v'chein ben shloshim Someone who's in. We said that this just as a summary for those who are joining, who weren't here. For the first part of the Yartzeit of the Mourner's Kaddish. We said that there's number one priority is the person who is in the shiva Observance of the first seven days after the passing of a relative. Then you have the 30 days, then you have the first year and then you have the annual anniversary of that day of passing and that's called the Yartzeit, the year time. Okay, the Yartzeit observer. So the Yartzeit observer as well as the mourner within the 30 days. The Yartzer Observer as well as the mourner within the 30 days. They have precedence over mourners who are within the first year of bereavement. However, they should offer even those mourners who are within the year some opportunity to also recite the Kaddish V'yei linog. It should be instituted, therefore, she-kaddish l'rabbonin, that the rabbi's Kaddish, v'gama Kaddish, she-l'achar alaynu and the Kaddish that follows the alaynu, which is the end of our prayer. At the end of our prayer, yulay yortzayt ol leben shloshim should be reserved for the person who's commemorating the anniversary and those who are within the, and the remaining opportunities to recite Kaddish should be left to the other mourners who are within the year. If there are as many mourners as the number of remaining opportunities to recite the Kaddish, then that's what should be done. Otherwise, we'll see how the priorities should work. If there is a Yartzad observer this is halacha number six there's a Yartzad observer and a 30-day the one who's within the 30 days of mourning and both would like to recite the Kaddish. Where there is room for both to recite, the one who's within 30 days recites first Kaddish. He takes precedence and the Yortzite observer gets one Kaddish. And if there's many Yortzeit observers, each of them should recite one Kaddish, even if the 30-day mourner will be completely displaced because he can still say the next day the people who have Yortzeit this is the only anniversary day that they can observe the one who's in Shloshim in 30 days in the first 30 days, can do it tomorrow. He can still continue the next day. Now again, today it is different because in almost every single congregation, all the mourners, whether it's the Yortzeit or the 30 days or the 7 days, all of them recite the Kaddish together, v'hayortzeit. Whereas the Yortzeit observer, im lo yom ha'hayom avar z'mano, if he does not recite the Kaddish that he is obligated to today, the time frame of his obligation will have passed tomorrow and he's going to miss the opportunity.

04:23
Halacha, number number seven, if there are two equally entitled mourners in the synagogue. So now they both want to lead the services, they both want to recite the Kaddishes. So who's going to get it? Again, this is only in a place where there's one individual who's going to recite the Kaddish. He says they should cast lots Rock, paper, scissors, v'mi sha'olol ha'goro loma arvis, and whoever had the privilege to get the Kaddish of Ma'ariv of the evening prayers yesh lashin nekineg etze Kaddish, echad v'shachras. Then the other one gets v'shachras, because when does the day begin at night. So whoever gets the night, one prays, the night one leads the service, gets the Kaddish, and for the morning the next one will get it below Goro, without requiring a cast, because one will get the night, one will get the day. You split it up the third kadash though yotilu goral, that third one for mincha, who's going to get it? So that they should cast lots on Ve'chein im yeshna harbe. If there are many people who are entitled mourners, gamken metilm goral, they should cast lots.

05:41
ומי שעולה להגורל, whoever prevails, whoever wins לא יובר עוד בסך הגורל should not be admitted into the lottery again because he already got his chance. עד שיום רקולם. Until everybody gets their chance to recite the Kaddish התושב קודם לאורך. Someone who's a resident, someone who's a member of the congregation, goes before a visitor, before a visitor, before a guest, when they both share the same level of Kaddish obligation Yortzayit Tosha v'Yortzayit Oreh. If they're both Yortzayit obligations, the one who's the resident and the one who's the visitor. So then who gets it? Ein leha Oreh klum. The visitor is not entitled to any of the Kaddish to take away from the regular member. Bein shloshim toshav o tohshana toshav.

06:34
When there is shloshim, the 30 days obligation of a resident and a mourner who's within the year of a resident, both present in the synagogue yortzayet oreach and a mourner who's within the year of a resident, both present in the synagogue Yortzeit Oreyach and along with a guest who is a Yortzeit observer, yesh La'oreyach Kadesh Echad they give the guest one V'im Yesh Yortzeit Toshav U'ben Shloshim Toshav. And if there's a local resident who is within 30 days and one who is within the and one who is on the anniversary on the Yortzeit HaYortzeit V'Yortzeit Oreyach and a Yortzeit who is a guest, ye'ish Gamkein L'HaOreyach Kaddish Echot. Still, they give the guest one Ve'eino Yocho Yortzeit HaToshav Lomelo Ani Kodem. And the Yortzeit observer who is the resident does not say I have precedence over you, because he will say he says I'm not taking, because then he can say I'm not taking the Kaddish from you, I'm taking it from the guy from 30 days. Right, and therefore the guy from 30 days has a Kaddish that he can continue reciting tomorrow, but the one who has the yard site only has the yard site.

07:47
We've had this many, many times in our community, where people will call that they're traveling here for business or whatever, and they have either a yard site or they're within the 30 days. They have either a yard site or they're within the 30 days and they need a minion. They need to be able to recite Kaddish. So we'll make a special minion in the synagogue and people will come let's say they're landing at 11 o'clock at night, they get out of the airport, they rent their car, they get there at 12 o'clock. 12 o'clock they'll have a minion. Nine righteous people will show up at synagogue to give this person the opportunity to recite Kaddish.

08:23
For a Yartzeit V'yomer yotze tosh of Kaddish rishon, the person who is the resident should get the first Kaddish V'yortzet oreach Kaddisheni. And the Yartzeit who is a visitor should get the second Kaddish V'ben shloshim. Kaddish lishi, and the one who is in the shloshim, kaddish Lishi, and the one who is in the Shloshim in the 30 days of mourning should get the third Kaddish, meaning he doesn't get the first one just because he is in the 30 days Oreyach ben Shloshim. If a guest, if a mourner within Shloshim is the guest V'toshav tohshana and the resident who's within the year shovim, they have equal entitlement. And what do we do? Make the lot Again today. This is really not applicable as much in most congregations because, because everyone recites Kaddish together. So it's not an individual, one person reciting the Kaddish, it's all of those who are obligated to recite it together. Yartzai Toshav. When a resident Yartzai observer, uben Shloshim Oreh, and a mourner of 30 days who is a guest are both present Yomer HaToshav, kaddish, rishon the resident should recite the first and second Kaddish and the guest should recite the third one. A guest within the first year Recites one Kaddish Among the resident mourners who are also within the year of mourning.

09:57
Okay, so now he's going to talk about the parameters of who is considered a resident and who is considered a guest. So this is just an interesting discussion of like what do you include as someone who's a visitor, someone who comes every single week? Is that a visitor? He doesn't live here, he lives in New Jersey, right? So he comes to visit, visit houston every week for business monday to thursday. Is that considered a visitor? Well, maybe not, we'll see, we'll see what. Well, in the, in the state of new york, they say you have to pay taxes in new york because you were here for more than 120 days, right, if you, if you're there for more than 120 days I think it is you're no longer considered that you're a Florida resident because you were in New York for that amount of days in the year. That's the way it works. So in New York that would not be the case, right? At least for tax purposes. Then you have city taxes, you have state taxes. Just come to Texas. Okay, halacha number 12.

10:55
Toshav Nikol Inyon Zey says With regard to these laws, a person is considered a resident, kol sheyesh lo kan diras keva af api she'eno porea mas. He says he has a permanent home. If a person has a permanent home here in the town, even if he is not required to pay taxes because he's not here enough. So, for example, over here we don't have state taxes, so that's not required to pay taxes because he's not here enough. So, for example, over here we don't have state taxes, so that's not relevant. But we have property taxes. But that you have all over the country, right?

11:24
Imagine someone living in New York. They have an apartment in New York and they're not obligated to pay taxes because they're not there for as many days of the year, but they own a property there and they're there. He says so. The halacha says that he's still considered a permanent resident there. Why? Because he owns, he has a permanent home there, even if he's traveling and he goes around and he's not there consistently, he's still considered a resident.

11:54
Or if someone pays taxes in a place but doesn't live there consistently, still considered a resident Someone who comes here from another location, from another locale. He doesn't live here, but his parents lived here. So the person he's saying Kaddish for lived here. So imagine someone's saying kaddish for lived here. So imagine someone that actually had someone here this week this job is whose father had recently passed away. His father lived in houston before he passed away. He lived in houston before he grew up and moved away and now he came back right, so he's considered now a resident because his father was here in Houston.

12:41
Okay, what's that? It's yeah. Well, guess what? When you look at taxes and how they decide if you are a resident, if you're not, if you do, if you're homestead, not homestead, you know how that works. Right, they're basing it. I think on this You'll see. Either way, no mortgage fraud here. Only in the federal government we can do right Only. Okay, I'm just kidding. I'm just kidding. Current events.

13:11
Af al pi shehem ha-yu tosh v'mkan. Even though the parents were residents in the town, as per the previous guidelines. See, he says actually the opposite. Even though the parents lived there. The parents were members of the synagogue. The parents were, but you weren't. You're not considered a resident, you're considered a visitor. So it's different than what I said earlier. Ba'al habayis shemach zik melamed o'mishores.

13:45
If a member of the community has retained a teacher, a tutor or an attendant, im hem p'nuyim. If they're unwed, nikroim kan toshav, they are considered a local resident, meaning they're still. For example, you have someone who's going away for college, right? So do you consider them being in UT, in Austin, to be their residence or their home? That they live in in Houston to be their residence? Right, so they're going there for school, but it's a single guy, single girl. They still come back to Houston for, for family, so they're a resident here. Even though they live in a different city most of the year, they're still considered a aval. Im yesh lehem nashim ha-mokomachah. But if their wife lives there, right, and they live in Austin, even if they come back here every once in a while to visit their parents, still it's not considered that Houston is their town. They are here as guests.

14:50
Someone who's studying in yeshiva, in a local yeshiva, and, similarly, a tutor who is employed by several members of the community. עַבָל פִּשְׁיֵֶש לַם נַשְׁם ב�. Now another example one who's raising an orphan in his house. Even if he's getting compensated for it, if this child has neither a father nor a mother, that child is considered a resident. He's not the one paying taxes, he's not there, he's just living in someone's house. He's a boarder staying by someone. It's considered that he's a resident because he's not there, he's just living in someone's house. He's a boarder staying by someone. It's considered that he's a resident because he's there. Aval im yeshlo av oim b'machamach. But if he does have parents, he's boarding. But he does have parents, not that his parents passed away or right. He has parents living in California and he's just boarding here.

15:57
Even if he's being raised locally as an act of charity, he's still considered a guest. Okay, now, someone who regularly prays at one synagogue or study hall, if he wishes to recite Kaddish in another synagogue, the mourners of the regular synagogue that he's a guest at can turn away and say listen, go to your synagogue and over there you're a regular, Over here you're a guest, even if he's within the seven days, because his status is less than that of a guest, because he has a place that he prays in in town, because the guest doesn't have another place. You do this. One does have another place to pray and therefore it is considered that one does have another place to pray and therefore it is considered that he does have another place to pray and therefore he's not even considered a guest there. Okay, so we're going to stop here and we're going to go to the Ask Away segment. We are deeply grateful that you are with us. Have a magnificent day. Thank you so much. Have a great week. We're looking forward to seeing you at our next class.

17:20 - Intro (Announcement)
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