Shavuos
[A] (Halacha 554)
Question: Why do we eat dairy foods on Shavuos?
Answer: The Kolbo1 wrote: 'They were accustomed to eat honey and milk on the festival of Shavuos because of the Torah, which is compared to honey and milk as it says2 "דבש וחלב תחת לשונך" ("Honey and milk are under your tongue") .. and also the women were accustomed on Shavuos to make a long bread having four heads, and it seems to say that the minhag is found to be a remembrance of the Two Loaves offered on Atzeres, or perhaps because of the constellation Gemini which functions in Sivan'.
This minhag is also mentioned in Sefer HaMinhogim (Tirna)3: 'On Shavuos we eat dairy, and it is an allusion to the flavors of Torah, as it says4 "מנחה חדשה לה' בשבועותיכם" — the initial letters spell חלב (milk). And one must also eat meat, for there is no simcha without meat.
The Rema5 brought the minhag and wrote: 'And it is customary everywhere to eat dairy foods on the first day of Shavuos; and it seems to me that the reason is that it is like the two cooked dishes that are taken on the night of Pesach, a remembrance of the Pesach and a remembrance of the Chagigah, so too we eat a dairy food and afterward a meat food, and one needs to bring with them two loaves on the table, which is in place of the Mizbe'ach, and there is in this a remembrance of the Two Loaves that were offered on the day of Bikkurim'.
And the Pri Megadim and the Machatzis HaShekel explained that the essence of the matter regarding the two foods, the dairy and the meat, is for the loaves that come with the foods, as the Pri Megadim6 wrote: 'Here there is a remembrance, for one needs to bring two loaves with them, as in [chapter] eight, it is a remembrance of the Two Loaves'. And in like manner the Machatzis HaShekel7 wrote: 'The same applies on Shavuos. We make a remembrance of the korban of the Two Loaves that they would bring, and therefore when one eats dairy and afterward meat, since one needs a special loaf for each, there must be two loaves, and there is in this a remembrance'8.
And in the Mateh Moshe9 he wrote an additional reason: 'And the author of the Even Bochan wrote, they also said, the masters of parable and their sharpness, that the number 613 alludes to "דבש חלב קמחא דסמידא" (honey, milk, fine flour), and the one that is extra shall be explained, to eat of them to satiety and beyond. So today is the minhag of the children of our mothers. On the day of the giving of our Torah, end of quote. The sum of the matter, all having been heard: fear God and keep His mitzvos10, and from the minhag of our fathers do not turn aside in all that they instruct you. And a person should not change any minhag, as we say in Pesachim, the chapter "Makom SheNahagu"11, and in Bereishis Rabbah, Parshas "VaYera Elav"12: one who goes up to a town follows its customs. And in chapter one of Taanis in the Yerushalmi13, and in the Yerushalmi chapter "Makom SheNahagu"14, and in the Aggadah of Shir HaShirim15, that minhag is a [significant] matter.
The Alter Rebbe16 brought this minhag: 'It is customary in all places to eat dairy foods on the first day of Shavuos, and the minhag of our fathers is Torah, for many reasons were stated regarding it, and since it is a mitzvah to eat meat on every Yom Tov as will be explained in siman 529, therefore one must be careful not to come to the prohibition of meat with milk, and to act as written in Yoreh De'ah siman 88 and 89'.
And in the Mishnah Berurah17 he wrote: 'And I have heard further in the name of one great man18 who stated a fitting reason for this, for at the time when they stood at Har Sinai and received the Torah [for in the Ten Commandments all the parts of the Torah were revealed to them through this, as Rav Saadia Gaon wrote that in the Ten Commandments the entire Torah is included] and they came down from the mountain to their homes, they did not find anything to eat immediately except dairy foods, for meat requires much preparation19 — to slaughter with a checked knife as Hashem commanded, and to remove the forbidden fat strands and the blood, and to rinse and salt and cook in new vessels, for the vessels they had beforehand, in which they had cooked within that twenty-four-hour period, had become forbidden to them; therefore they chose for themselves for the moment dairy foods, and we make a remembrance of this'.
We saw in the words of the Rema and the Alter Rebbe who mentioned that the minhag is on the first day of Shavuos, and also the Rebbe in a sicha of 9 Sivan 575120 mentioned that this minhag is specifically on the first day, on which the Ten Commandments are read.
But to note that the Eliyah Zuta21: 'The Rema wrote that it is customary to eat dairy foods on the first day of Shavuos .. and I found in the Kolbo and Sefer Tzeidah LaDerech this is their wording: they were accustomed to eat honey and milk on Shavuos because of the Torah, which is compared to honey and milk, as it says "Honey and milk are under your tongue," end of quote, and it implies that they are accustomed thus also on the second day'. And in Sefer B'Kodesh Pnimah22 it is brought regarding the Rebbe's practice to eat dairy on both days.
★ ★ ★
Question: Does the bread need to be dairy?
Answer: We found in the words of the poskim that they were accustomed to make the bread for Shavuos dairy, as the Rema23 wrote: 'It is customary to knead bread with milk on Shavuos'.
And the Magen Avraham24 wrote that the reason for making dairy bread is to ensure that one will have two loaves, and this is his wording: 'And one must bring etc. For it is forbidden to eat meat and dairy from one loaf, and therefore they were accustomed to bake it with butter, for then one will certainly need to bring another loaf to eat with meat'.
Also the Alter Rebbe there brought this minhag and wrote: 'And those who are accustomed to bake bread kneaded with milk or with butter should be careful, when they heat the oven before baking, to heat it well ..'.
Thus we saw the reasons of the minhag25 of eating dairy foods on Shavuos, and that the minhag is to make dairy bread, and in the following halacha we will see the discussion regarding the permissibility of making such bread.
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Notes:
1 סי' נב ↩
2 שה"ש ד, יא ↩
3 הגהות המנהגים חג השבועות ↩
4 במדבר כח, כו ↩
5 שו"ע או"ח סי' תצד ס"ג ↩
6 או"ח א"א סי' תצד ס"ק ז ↩
7 או"ח סי' תצד ס"ק ז ↩
8 ובביאור הדברים ראה אגורה באהלך (פרקש) ח"ב ע' 201 ואילך ↩
9 עמוד העבודה דיני שבועות סי' תרצב ↩
10 קהלת יב, יג ↩
11 נ, א ↩
12 פמ"ח, יד ↩
13 ה"ד ↩
14 פסחים פ"ה ה"א ↩
15 פ"ד ↩
16 שו"ע או"ח תצד סט"ז ↩
17 סי' תצד ס"ק יב ↩
18 ספר גאולת ישראל. ספר מטעמים חג השבועות דף ל אות פה ↩
19 וראה בלקו"ש ח"ח עמ' 58 הע' 47* ביאור הדברים: 'דלכאורה הול"ל דשבת ואסור הוא וכל היום (וכמו שהובא טעם זה בשם ס' גאולת ישראל)'. ולגבי הכלים ראה לקו"ש יח עמ' 364. אך ראה תורת מנחם ח"ח ע' 210 ואילך שהרבי הקשה על טעם זה ↩
20 תו"מ תשנ"א ח"ג ע' 297 הערה 33 ↩
21 סי' תצד ס"ק ז, וראה גם הנסמן בנטעי גבריאל חגה"ש פכ"ט אות א ↩
22 ע' 30. וכ"ה באוצר מנהגי חב"ד ע' שט ↩
23 יו"ד סי' צז ס"א ↩
24 סי' תצד סק"ח ↩
25 וראה עוד בזכרון משה דין כו, ספר מטעמים שם. טעמי המנהגים אות תרכא - תרכה ↩
[B] (Halacha 555)
The prohibition of making dairy or meat bread [1]
Question: Is it permitted to knead dairy dough and make bread from it?
Answer: The Gemara in Maseches Pesachim1 says: 'A certain oven that they smeared with fat — Rava bar Ahilai forbade eating bread from it even with salt forever, lest one come to eat it with kutach. They raised an objection: One may not knead dough with milk, and if one kneaded — the entire bread is forbidden, because of the habituation to transgression. Similarly, one may not smear the oven with the fat-tail, and if one smeared — the entire bread is forbidden, until one heats the oven. But if the oven was heated — it is at any rate permitted; this is a refutation of Rava bar Ahilai! It is a refutation. [And Rashi explained: 'And we learn that heating is effective for an earthenware vessel'].
And further in the Gemara2: 'It was taught: One may not knead dough with milk, and if one kneaded — the entire bread is forbidden, because of the habituation to transgression! .. As Ravina said: like an ox it is permitted, here too: like an ox'.
And Rashi explained: 'One may not knead dough with milk — all the days of the year, so that one will not eat meat with it. Like an ox — a little, like [the size of] an ox, one is permitted to knead with milk, for one eats it immediately all at once, and does not leave it over such that one forgets that it was kneaded with milk'. That is, according to Rashi's view the permission to knead dough with milk is on condition that it is a small quantity that is eaten immediately, and therefore there is no concern for a mishap.
And so wrote Rabbeinu Chananel there: 'And it may be said that a small amount was kneaded for them, such as the children of Rabbi Yehoshua who kneaded with milk like an ox, which is a small amount'.
But the Rif3 wrote: 'And if one changed them and made them like an ox it is permitted, for since one changed them it is known that one made them thus for a distinguishing mark so that one will not come through them to a mishap, and therefore they are permitted'. That is, according to the Rif's view the permission is from the aspect of the recognizable sign — the change in the form of the dough causes people not to stumble.
And so wrote the Rambam4: 'One may not knead dough with milk, and if one kneaded, the entire bread is forbidden because of the habituation to transgression, lest one eat meat with it; and one may not smear the oven with the fat-tail, and if one smeared, the entire bread is forbidden until one heats the oven, lest one eat dairy with it, and if one changed the form of the bread so that it is recognizable, so that one will eat with it neither meat nor dairy, this is permitted'.
And the Rashba5 wrote: 'And if one changed the forms of the bread and made small cakes6 like the ox, they are permitted, for one who sees knows that they changed its form only for a distinguishing mark, and one will ask and be told'.
Thus we saw in the words of the Rishonim two possibilities in the words of the Gemara for when it is permitted to make dough with milk: either when the quantity is small, or when one makes a change in the form of the bread.
And in the Hagahos Shaarei Dura7 he wrote: 'And it seems that these two explanations emerge in accordance with the halacha, for both are fine reasonings. And so wrote the Asheri in several places in the Talmud regarding two explanations, that we can hold like both. From Maharai z"l'.
And the Maharshal8 brought it and added: 'Thus anywhere that it is like an ox it is permitted, whether it is a small amount, or one made in it a change, so that its appearance is not like the appearance of other bread; and even though for the loaves of the mishneh we make in them all the changes, that it is small, and we also make in it a design with the marking of a knife, which we do not do in other breads — and so I received, that for this reason we do so, in order to fulfill both explanations, we do so merely as a stringency, but one would suffice, for regarding the loaves of the mishneh we wrote above that this reason alone suffices, namely that it is a small amount, and it is like an ox according to the explanation of the Tosafos; and for this reason I have also seen that there are those who make loaves of the mishneh that have no change at all, but are made like bread that is sold in the market'.
And so ruled the Mechaber9: 'One may not knead dough with milk, lest one come to eat it with meat. And if one kneaded, the entire bread is forbidden, even to eat it alone. And if it was a small amount, enough for eating all at once, or one changed the form of the bread so that it will be recognizable, so that one will not eat meat with it, it is permitted. Similarly, one may not bake bread in an oven that was smeared with the fat-tail, and if one baked it, its law is like dough that was kneaded with milk'.
And the Rema wrote in a gloss: 'And therefore it is customary to knead bread with milk on Shavuos, also with fat in honor of Shabbos, for all this is considered a small amount, also because their form is different from other bread'.
Thus we saw that one may not knead and bake dairy or meat bread, unless one bakes a small quantity or one changed the form, and in the following halachos we will learn the details of what is considered a small quantity and when a change of form is effective.
Notes:
1 ל, א ↩
2 לו, א ↩
3 פסחים ח, א. וחולין לח. הב"י כתב בתחילה שלא מצא כן ברי"ף, ותמהו עליו האחרונים (פרישה ס"ק ג. מבוא שערים על הגש"ד שם אות א) שהרי מפורש כן ברי"ף, וכמ"ש הוא עצמו בכסף משנה, הל' מאכ"א פ"ט הכ"ב, ואמנם בבדק הבית הב"י הגיה ומחק משפט זה. (אך ציין רק לרי"ף בחולין) ↩
4 הל' מאכ"א פ"ט הכ"ב ↩
5 תוה"ב הקצר בית ג ש"ד פו, ב ↩
6 הדרישה בס"ק ב הבין שהרשב"א הוא כעין שיטה ממוצעת בין רש"י והרי"ף והצריך שיהיו גם קטנים וגם צורה משונה [וכתב שלרשב"א יהי' מותר לאפות הרבה קטנים משא"כ לרש"י]. אמנם להעיר שבתורת הבית הארוך לא נזכר תיבת 'קטנים', וא"כ משמע שהבין כהרי"ף שהעיקר הוא השינוי ולא הגודל ↩
7 סי' ס, וראה גם באו"ה הארוך שער מ דין יט שכתב 'דבשל סופרים הולך אחר המיקל' ↩
8 יש"ש חולין פ"ז סי' יד ↩
9 שו"ע יו"ד סי' צז ס"א ↩
[C] (Halacha 556)
The prohibition of making dairy or meat bread [2]
In the previous halacha we learned that it is forbidden to make dairy or meat bread; however, if one makes a small quantity, it is permitted.
Question: What is considered a small amount that is permitted to make into dairy or meat dough?
Answer: The Mechaber1 wrote (like the words of Rashi): 'And if it was a small amount, enough for eating all at once', and from the plain meaning of his wording it appears that it was permitted only if it is truly a small thing.
But the Rema in Toras HaChatas2 wrote: 'And from here I see a permission also for those breads that they were accustomed to knead with milk on Shavuos, and there is no prohibition in them at all since their form is changed from other bread, for they make them long and not round like other bread and furthermore it is possible that this is called a small amount, for the "small cake" that Rashi wrote is not precise, for the loaves that they make in honor of Shabbos are called a small amount as Maharai wrote, even though they are somewhat large and there are three of them; rather, learn from this that "small cake" is not precise, but anything that is a small amount and is eaten on that day, we do not concern ourselves regarding it for a mishap, that one might forget to eat it and eat it not with its own kind'.
Thus the Rema, according to the words of Maharai, explains the words of Rashi (which are the source of the Mechaber's words) that even a quantity eaten on that same day is called a small amount.
But the author of the Tosafos Yom Tov there, in his commentary Toras HaAsham, remarked on his words: 'And I say that certainly his proof from Maharai is a proof, that Maharai held thus. But that which he wishes to prove that the "small cake" that Rashi wrote is not precise — this does not appear to me at all, for Rashi wrote in this language "like an ox": a little, like [the size] of an ox, one is permitted to knead with milk, for one eats it immediately all at once, and does not leave it over such that one forgets that it was kneaded with milk, end of quote. And there is no implication in "all at once" of "eaten on that day" at all, but rather it means in one seudah. And in the Shulchan Aruch it is written "enough for eating all at once." And the Mechaber [=the Rema] did not gloss anything upon it. And this is that he holds thus according to the explanation of eating all at once. And it does not appear [correct]'.
That is, according to the opinion of the Tosafos Yom Tov, it is true that in the words of Maharai it is proven like the words of the Rema that "a little" means a quantity eaten on that same day, but this is not the plain meaning in Rashi and in the Mechaber, and according to their view a small amount means the quantity of one seudah3, and thus it is puzzling regarding the Rema in the Shulchan Aruch that he did not gloss anything upon the Mechaber.
And so wrote the Kaf HaChaim4 regarding the words of the Mechaber: 'For Sephardim who accepted the stringencies of the Shulchan Aruch, there is no permission except specifically enough for eating all at once'.
Thus we saw that they disagreed regarding bread that is eaten for one day, whether it is considered a small amount, as the Pri Megadim5 wrote: 'And if it is a small amount of bread it is also permitted, and what is a small amount? In the Shulchan Aruch it implies enough for eating all at once, however in the Toras HaChatas, chapter 60, section 2, whatever is for the day is a small amount, and so it is implied in the Levush .. and the implication of the Toras HaChatas is that it is a small amount as long as one eats it on that day, and it will not remain for the next day, so one will not forget'.
And from the words of the poskim it appears that "day" means a full day, as the Aruch HaShulchan6 wrote: 'One day, which is a twenty-four-hour period [so it is implied in the Beis Yosef from what he wrote in the name of the Hagahos Shaarei Dura regarding the breads that they make for Shabbos, see there]'.
★ ★ ★
Question: Is the permission only for a quantity for one person, or also for a quantity for the members of his household?
Answer: The Aruch HaShulchan there wrote: 'And accordingly, if the members of his household are many, he may knead with milk what he and the members of his household need for the eating of one day, which is a twenty-four-hour period'.
Thus in practice, for Sephardim who follow the practice of Maran the Shulchan Aruch it is permitted to make only very small breads, a quantity that is eaten in one meal. But for those who follow the words of the Rema it is permitted even in a quantity of a measure for eating for a day7, and the permitted quantity may be made for each of the members of the household.
In the following halacha we will discuss, with Hashem's help, whether a seller may bake a large quantity and sell it.
Notes:
1 שו"ע יו"ד סי' צז ס"א ↩
2 כלל ס דין ב ↩
3 וכ"כ ביד יהודה סי' צז פיה"ק אות ו. ובדרכ"ת שם ס"ק יז ↩
4 סי' צז סק"ז ↩
5 שפ"ד סי' צז ס"ק א. וכ"כ החוות דעת ביאורים ס"ק ג, ובדרכ"ת שם ס"ק יז ↩
6 יו"ד סי' צז ס"ד ↩
7 כתב בדרכ"ת סי' צז ס"ק לג: 'מ"ש הרמ"א להתיר הלחמניות לחג השבועות גם בלא שינוי צורה בע"כ היינו כשאופין רק ליום א' אבל אם אופין לב' יום טוב של שבועות צריך בע"כ לשנות צורת הפת ואם לאו אסור. וה"פ'. ולהעיר שהדברים מתאימים עם המבואר בהלכה 554 שמנהג אכילת החלב בחו"ל הוא רק ביום א' ולא ביום ב' ↩
[D] (Halacha 557)
The prohibition of making dairy or meat bread [3]
In the previous halacha we learned that it is forbidden to make dairy bread, unless one makes a change in the form of the bread.
Question: Does a change help for selling in a store, or is there a concern that people from another city who do not recognize the change will buy it and stumble?
Answer: The Maharit1 wrote: 'Therefore, with regard to those sold in a store, there is certainly cause for concern regarding those who come from outside. And if you say he should inform them, as we say in [the chapter] "HaMocheir Peiros" regarding one whose wine was mixed with water, that he may not sell it in a store unless he informs [the buyer] .. here there is no remedy through informing, lest one forget and eat it, since one is not accustomed to this. And if you say he should sell to each one a small amount and inform him that he should eat it immediately, similar to the loaf of the mishneh that they make in Shaarei Dura as a small amount that is eaten immediately — nevertheless there is cause for concern that the storekeeper will not recognize whether he is from outside the city so as to inform him, and even if you say he recognizes him, perhaps he will forget to mention it to him, since he is accustomed to sell in general to all the people of the city, it does not rest upon him and he sells and is not attentive to it'.
Also the Pri Chadash2 wrote to be careful: 'And nevertheless it certainly implies that there is cause for concern regarding wayfarers who come from elsewhere, who do not know that the way of the people of the city is to knead them with the fat-tail, and they will come to eat them with cheese, as the aforementioned Rav wrote that a mishap has already occurred in this, that many poor people who came from outside, who did not know the custom of the country, ate them with cheese .. in a matter where there is a concern of a prohibition, it is obvious that we must be concerned even for guests who come from elsewhere, to remove a stumbling block from before them'.
And the Ben Ish Chai3 wrote: '.. and furthermore here in our city, may it be built up, there are those who make dairy bread in order to sell it day by day and they make a lot, and these too make its form different, so that it is known and recognizable to all that it is dairy; but here is the trouble, for the Maharit z"l forbids for those who make it to sell even by means of a change, for we are concerned for guests, and see the Pri Chadash and the Pri Toar and the Chavas Da'as who agreed thus; and it seems to me that there is a way to advocate on their behalf, since this bread that they make with butter is perceptible from its smell, and there are several doubts, and it may be said that the Maharit did not forbid in such a case where it is recognizable from the smell, and see the Rav Mizmor L'David z"l who wrote that in his native city, which is a large city of scholars and scribes, they were accustomed to permit selling in a store, and he wrote the reason for the permission is because they are recognizable by smell and taste, see there; and see the Pri Toar siman 97 seif katan 3, what he wrote regarding the permission of selling because of a double doubt, see there'.
Thus in practice, even when the dairy bread is different from ordinary bread it is forbidden to sell it in a store, for we are concerned that guests who do not recognize the change will come4, (unless it is recognizable by taste and smell).
★ ★ ★
Question: What is the law when one transgressed and baked a large dough without a change — may he divide it into small pieces and warn the people that it is dairy?
Answer: The Kereisi U'Peleisi5 wrote: 'And I heard that my maternal grandfather, the famous Gaon Moreinu HaRav Leib Zuntz z"l, ruled regarding bread under which milk dripped, that all of it is forbidden, and he commanded that they be divided among households, one loaf per householder, and if so, how is this different from if one had first baked a small amount, which is permitted? So too if there is only a small amount in each house, then there is a distinguishing mark, and it requires examination. And if there is still room, he also inclined to be lenient, it is worthy to rely upon it'.
And his student, the Gaon R' Yitzchak Binyamin Wolf Osterlitz6 wrote this law in a case where they kneaded the dough with milk, and this is his wording: And my master, my father, my teacher said that once a question came before Maharai, may Hashem protect and preserve him, regarding a woman who kneaded bread with milk and did not change its form, and it was also very much, and there was no aspect of permission for it; and the aforementioned Gaon ruled to cut each loaf into several pieces and give it to the poor, and each piece by itself is a small amount and is permitted, and understand this'.
And the Pri Megadim7 wrote regarding the Peleisi: 'What the Kereisi U'Peleisi wrote in the name of his grandfather the Gaon — one should not do such a deed, to divide it among many householders, for if not so, that which "if one smeared, the entire bread is forbidden" (Pesachim 30b), let him divide it etc.'.
And indeed the Chayei Adam8 wrote to distinguish between a case where milk spilled onto the bread and a case where one kneaded dough with milk: 'And it seems to me more [correct] to answer that certainly if one does thus lechatchilah, that one smeared the oven with the fat-tail or kneaded dough with milk in order to eat with meat or dairy, even if one put only a small amount, which constitutes nullifying a prohibition lechatchilah, certainly no remedy is effective to permit it, since it already became forbidden from the outset .. but if bedieved [milk] dripped under the bread, even though lechatchilah it is forbidden to place in one oven something concerning which there is a concern lest it drip .. that is lechatchilah, but bedieved it is permitted .. which is not the case regarding "one may not knead dough" where they decreed that if one kneaded, the entire bread is forbidden, as is stated explicitly in the Gemara; and if so, here too we do not find that Chazal decreed that if one placed milk with bread it should be forbidden bedieved, and if so, Chazal did not penalize, and if so, from the aspect of Chazal's decree there is no reason to penalize him, but only that there is a concern lest one eat it with dairy, it may well be said that a sign is effective, and all this is regarding dripping, but if one kneaded dough with milk no remedy is effective, and therefore Rava forbade the entire bread even with salt, and no remedy is effective; and that case of Shaarei Dura which I brought is different, for one made the sign before the baking, and thus one acted in accordance with the remedy of Chazal'.
But in practice9 he also limited the permission in the case of dripping, only: 'in a case of great loss, that one divide the bread among many households, one loaf per householder .. and furthermore it is possible to be lenient that one also make a sign on each loaf .. and since one does two things there is room to permit, and so ruled Moreinu HaRav R' Shimon HaZaken, moreh tzedek of the holy community of Vilna; and specifically where [milk] dripped under it, but lechatchilah one should not rely on this, since it is explicit in the Gemara'.
Thus dough that was kneaded with milk and baked in an ordinary size and without a change is forbidden to eat, and it will not help to divide it into small pieces for many people, (but if [milk] dripped onto the bread there are those who permit, in a case of great loss, to divide it among others and to make a change after the baking).
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Notes:
1 שו"ת ח"ב יו"ד סי' יח והביאו החוו"ד בביאורים ס"ק ג וחידושים ס"ק ה ↩
2 יו"ד סי' צז ס"א ↩
3 ש"ב פר' שלח לך סי"ז ↩
4 אך ראה דברי יוסף ח"ב סי' תרנו, וביד יהודה פיה"ק סק"ז (הובאו בדרכ"ת סי' צז סק"כ) שנטו להקל בפרט כשיש שינוי גדול ↩
5 הובא בילק"מ בהוצאת מכון ים ↩
6 פלתי יו"ד סי' צז סק"א ↩
7 שפ"ד יו"ד סי' צז ס"א ↩
8 בינת אדם שער או"ה סי' נא ס"ע. וראה גם מ"ש בשו"ת כתב סופר יו"ד סי' סא. ולהעיר מדברי הצ"צ שו"ת יו"ד סי' סט: 'לא שייך לגזור הגזירה רק כשלשו במתכוין עם חלב כמעשה שבגמ' או עכ"פ גם בשוגג אם ודאי זב חלב תחתיו וקנסו שוגג אטו מזיד'. וראה שו"ת בצל החכמה ח"ו סי' פד ↩
9 חכמ"א שער או"ה כלל נ ס"ה ↩
[E] (Halacha 558)
The prohibition of making dairy or meat bread [4]
We learned in the previous halachos that when one makes a change in the bread it is permitted to make dairy bread.
Question: When is making the change effective?
Answer: The Gaon Rabbi Chaim (brother of the Maharal of Prague) wrote in Vikuach Mayim Chaim1: 'And there are those who think to make a sign on it by sticking a little cheese on it to indicate that it was baked with fladen, or a little meat to indicate that it was baked with pashtida, as a mere distinguishing mark, in the manner that they make a distinguishing mark for fowl eaten with almond milk by means of almond kernels that one places around the dish, or in the manner that they place fish scales in a dish that has fish in it; but it appears that from here it may be proven that they do not do well, for if so, what "bedieved" or "all of it is forbidden" applies here, for it is obvious that it will never come to an actual prohibition, since one can easily make such a sign; rather, certainly it is not a sign unless one changes the making of the bread and its form while it is still dough, but after it has been baked it is forbidden, for then one cannot make any sign'.
And in Sefer Chamudei Daniel2 he also wrote that from the Issur v'Heter HaAroch, chapter 39, who wrote 'And that which we permit bread that was baked with the pashtida — that is specifically that the pashtida was baked in a pan, but if the pashtida is without a pan the bread is forbidden bedieved with meat, and the Issur v'Heter wrote that one must cut it and sell it to non-Jews, see there — it implies [that after baking] no remedy is effective'.
And so wrote the Chavas Da'as3: 'And also the change is effective only when one changed at the time of baking, for no prohibition was upon it at all; but to make a change after it already became forbidden is not effective'4.
And accordingly the Shu"t Kol Mevaser5 wrote: 'The government representatives proposed to make a sign by affixing two notes on the two ends of the bread. But such a sign can certainly be made only after the baking, and behold the Gaon author of the Chavas Da'as wrote in siman 97 that after the baking the remedy is not effective since the bread already became forbidden. And in any case, even without this, this remedy is of no avail in our case, except for a buyer of a whole loaf on which the notes still exist; but this bread is cut into slices and given in restaurants and eateries, and the eater cannot recognize whether it is dairy or not. Therefore one must necessarily change the form of the bread with a complete change and a clear sign that will be well recognizable even in a slice'.
However, there are those who wrote that if already at the time of kneading it is one's intention to make a change or a sign that it is dairy, it does not become forbidden, and one may mark it after the baking, as written in the Shu"t Even Yisrael6: 'Why did he not raise a difficulty regarding that which was permitted in a small piece, for the prohibition is on the kneading, as they said "one may not knead," and if so, how does making small pieces help, for they already became forbidden at the time of kneading; rather, one must say that if one's intention lechatchilah is to bake small pieces it is well and good, and from the outset it never became forbidden, and the entire intention of the Chavas Da'as is [regarding] whether one now remedies and makes small pieces, which is not the case where one's intention at the time of kneading is to do so; and so too if one's intention is to affix labels on the cakes that they are dairy it is effective'7.
But it seems that the plain meaning of the language of the aforementioned Vikuach Mayim Chaim and the other poskim is that even when it was one's intention from the outset to make the sign after the baking, this is not effective, for an effective sign is only when it is made before the baking.
Thus one who bakes dairy bread must make the change or the sign before the baking, and if one forgot to make a sign before baking and already baked the bread it is forbidden to eat, [however, there are those who wrote that if at the time of kneading one intended to make a sign immediately after the baking, such as one who prepared in advance a dairy label and the like, this is permitted to eat].
Notes:
1 כלל לו ס"ט ↩
2 הל' תערובות הב' אות יח. הובא בדרכ"ת סי' צז אות כא ↩
3 יו"ד סי' צז ביאורים אות ג וחידושים אות ה ↩
4 ולהעיר שבגליון מהרש"א יו"ד סי' צז ס"א כתב: 'אין תקנה לעשות בה אחר אפיה סימן, כגון לחתוך בו אותיות חלב, פן לא ישגיח בסימן'. ומלשונו נראה שהחשש הוא רק מחמת שלא יראה הסימן, ולא בגלל שכבר נאסר. וגם הבינת אדם שער או"ה סי' נא (ע) בתחילת דבריו, כשדן לגבי לחם שזב עליו חלב כתב: 'לפי"ז על כרחך הא דכתב הרמב"ם שישנה צורת הפת לאו דוקא אלא הוא הדין כל סימן, ולפי זה *י"ל שפיר דאף לאחר אפיה מהני סימן, ונ"ל דה"ה לפי"ז דמהני אם יכתוב עליו בשר או חלב'*, אך למעשה בסיום דבריו, כותב כשאר הפוסקים שעשיית סימן מועילה רק לפני האפיה: *'אבל אם לש עיסה בחלב לא מהני שום תיקון ולכן אסרה רבה כל הפת אפילו במלחא ולא מהני שום תיקון ושאני ההוא דשערי דורא שהבאתי שעשה הסימן קודם האפיה וא"כ עשה כתיקון חז"ל'*. מלבד במקרה שזב חלב מאליו מתחת לעיסה שאז בהפס"מ יועיל לעשות סימן גם אחרי האפיה, ולחלקו. אך ראה בדרכ"ת סי' צז סקי"א שהתיר גם באחד משניהם וז"ל: 'אם נעשה הדבר שלא בכוונה כלל כגון שנשפך חלב או בשר תחת הפת שלא במתכוין כלל בזה יש לסמוך על זקינו של הכו"פ שיכול לעשות בו היכר גם לאחר האפייה שלא יבא לאכלו עם מין השני או לחלקו להרבה ב"ב שיהא ביד כל א' דבר מועט עיי"ש' ↩
5 ח"א ס"י ↩
6 ח"ט סי' סז ↩
7 וראה גם שבט הקהתי ח"ה סי' קכח. אך דבריו שם צ"ע, א. מ"ש שהפת"ש כתב בשם מהרי"ט שלא יועיל סימן אחר האפיה, נתחלף לו בין המהרי"ט עם החוו"ד. ב. כתב שהפלתי התיר לעשות סימן אחרי אפיה ולא ידענו איה מקומו. ג. כתב שהבינת אדם התיר לעשות סימן אחרי האפיה, וגם זה דברי שגגה וכמבואר בהערה 4 ↩
[F] (Halacha 559)
The prohibition of making dairy or meat bread [5]
Question: We learned that it is forbidden to bake dairy bread, unless one makes a change or it is a small dough — are there additional manners in which it is permitted to make dairy dough?
Answer: a) When it is recognizable — the Rokeach1 wrote: 'Specifically milk that was kneaded in dough such that it is not recognizable; but [if it is] recognizable to the eye, one will not come to a mishap'.
And in like manner the Issur v'Heter HaAroch2 wrote: 'And for this reason we eat pashtida and fladen that were baked each one alone or with bread, for there is no cause for concern lest one come to eat with dairy or with meat since the meat or the milk is recognizable in them, and there is no need to place on them bones or cheese as a sign'. And the Rema brought it in the Darkei Moshe3, and accordingly he ruled in a gloss4: 'And all the more so fladen or pashtida, which are permitted'.
The Pri Chadash5 brought the Rokeach and wrote: 'And so is the essence, that if the fattiness is a small amount that is absorbed in the bread and is not recognizable, it is forbidden to eat; but if the fattiness is recognizable and it is on the surface of the bread, there is no cause for concern here and it is permitted to eat'. And so wrote many Acharonim6.
★ ★ ★
Question: Is it sufficient that the filling inside is meat or dairy?
Answer: The Shaarei Dura7 wrote: 'And nevertheless one eats pashtida or fladen, and it does not apply to be concerned lest one come to eat the pashtida with dairy or the fladen with meat, since the meat or the milk is recognizable'.
And the Vikuach Mayim Chaim8 explained the words of the Shaarei Dura9: 'And it seems to me that the reason of the Shaarei Dura is needed, because even though it is changed from other bread, nevertheless there is here a concern because the pashtida and the fladen themselves resemble one another, for most fladen are also covered on top like the pashtida, and one will come to err regarding them'.
And also in the Hagahos Shaarei Dura10 he wrote to be careful lechatchilah: 'And the Rosh told us that when one bakes kunshtila or koltza with a filling that lechatchilah one should make a sign according to what the fillings are: if they are of meat one should place on it a bit of bones, and if they are of dairy one should place on it a bit of cheese, for this is like an ox according to one explanation that explained "like an ox" [to mean] a sign, end of quote'.
And in practice the Chida11 wrote: 'In Eretz HaTzvi and in Turkey they were accustomed to make burekas filled with meat, and likewise they make [them] filled with eggs or vegetables and cheese and the like, and the minhag is for the most part to make those of cheese with a change in the manner of "like an ox." And one must give warning regarding this'.
But the Acharonim disagreed with him, as written in the Shu"t Tiferes Adam (by the Av Beis Din of Salonika)12: 'And in my humble opinion I do not see a reason for this, for it is specifically regarding bread that is neither of meat nor of cheese, and it is customary to eat it with any thing without inquiry; but regarding burekas and pastil, where it is known that they are filled, some of them of meat and some of them of cheese, behold one who comes to eat them presumably checks in order to know of which kind it is, whether of meat or of cheese, and no change is needed. And furthermore, one need not even ask, since the meat and the cheese are recognizable to the eye clearly, and also it is not customary to eat them with a relish, neither with meat nor with cheese, since they are kneaded with oil, and furthermore the relish is already placed within them. And so is the minhag, not to make any change, and when one gives a person to eat of these kinds and he has already eaten meat within six hours, he asks before he opens it whether it is of meat or of cheese, so as not to eat them at all'.
And the Acharonim agreed with him, as the Ben Ish Chai13 wrote: 'And here in our city they make sambusak that they fill with cheese, and they do not make in it a change from the sambusak filled with almonds and sugar, and see the Tiferes Adam who upheld this minhag'.
Also the Sedei Chemed14 agreed with the Tiferes Adam, and the Darkei Teshuva15 brought it and concluded: 'And there is no cause for concern in this, for one does not eat them until one first inquires what it is, whether of meat or of dairy, see there'.
Thus in practice the poskim wrote that regarding baked goods in which it is recognizable that there is a filling, since then it is well recognizable that there is meat or dairy in it, there is no need to make a change. [But when possible, lechatchilah it is proper to do it in a manner that there be a fixed form for dairy16].
Notes:
1 הל' או"ה סי' תסט ↩
2 שער מ סי' יט ↩
3 סי' צז ס"ק א ↩
4 שו"ע סי' צז ס"א ↩
5 ס"ק ג ↩
6 פרי תואר ס"ק ד. כנפי יונה יו"ד סי' צז. וכ"כ הפר"מ שפ"ד שו"ע יו"ד סי' צז ס"ק א. ערוה"ש יו"ד סי' צז ס"ו ↩
7 או"ה סי' ס ↩
8 כלל ס ס"ב ↩
9 ראה מ"ש הרמ"א בתו"ח כלל ס' דין ב ↩
10 או"ה סי' לה אות ה ↩
11 שיו"ב יו"ד סי' צז ס"ק ב ↩
12 יו"ד סי' טז ↩
13 ש"ב פר' שלח לך סי"ז וראה גם בערוה"ש סק"ה ↩
14 אסיפת דינים מערכת בשר בחלב אות ח (ח"ד ע' 1572) ↩
15 סקכ"ב ↩
16 כיום הרגילות בארץ לעשות בורקס חלבי בצורת משולש, ובורקס תפו"א בצורת מרובע. ראה ספר הכשרות פ"י ע' רסח הערה לז ↩
[G] (Halacha 560)
Question: On Shavuos is there a leniency in the waiting times between meat and dairy?
Answer: In the books of the poskim we found that there were those who were lenient on Shavuos more than during the rest of the year, as follows:
The Orchos Chaim1 wrote, and so it is in the Kolbo2: 'And some refrain from eating cheese at the Mincha seudah of Atzeres because they prolonged the tefillah until midday or close [to it], and from then until the Mincha seudah of the evening there are not six hours, and some are not concerned about this since one is eager to eat [and] the meat has already been digested; but since the essence was on account of the meat between the teeth it is proper for one who does not refrain from the cheese at that seudah to pick his teeth and to remove meat before he eats cheese, and so too the Rif wrote in the name of his teacher. And nevertheless, at another time it is not proper to rely on picking the teeth, but rather to wait the [proper] measure3'.
[And in explanation of the minhag to be lenient on Shavuos the Noam Elimelech4 wrote: 'It seems to me by way of hint that one may give a fitting reason as to why meat with milk was forbidden to us, whereas the angels, when they were with Avraham Avinu a"h, he gave them specifically meat with milk. And we too, on Shavuos, Chazal permitted us not to wait after the cheese the [proper] measure as during the rest of the days of the year .. and this is the reason that they permitted us on Shavuos to eat after cheese without waiting the measure, because then is the time of the holy giving of the Torah, and we show ourselves that we are like the angels at the time of the giving of the Torah through the Torah'].
Also in Zichron Moshe (by R' M. Halperin, student of the Maharshal and the Rema)5 he mentioned a practice to be lenient on Shavuos: 'Those who are accustomed to eat dairy and meat foods in one seudah on Shavuos .. and specifically during the rest of the days of the year one should be stringent, as the Zohar there wrote that anyone who eats this food that is combined together, either at one time or in one seudah, for forty days there appears a kid flayed of its skin before those on high, and the impure company draws near to him and causes judgment to be aroused in the world etc., end of quote. However, this day of the giving of the Torah, the impure ones have no permission to draw near and to arouse judgments in the world6 .. all this I wrote only to settle the minhag, but one who guards his soul will distance himself from them7'.
And like the conclusion of his words, that it is proper not to be lenient even on Shavuos, we found in additional poskim, as the Shelah8 wrote: 'The world is accustomed to eat dairy foods on Shavuos, and afterward they eat meat, to fulfill "and you shall rejoice in your festival," and there is no simcha without meat. Then one must be meticulous to sanctify oneself, especially on such a holy day, which is the giving of our Torah, to make a thorough wiping and rinsing, and to interrupt with Birkas HaMazon and wait an hour, and afterward one should spread another cloth and set the table with meat. And an allusion to the matter is "ראשית ביכורי אדמתך תביא בית ה' אלהיך לא תבשל גדי בחלב אמו" ("The first of the first-fruits of your land you shall bring to the house of Hashem your God; you shall not cook a kid in its mother's milk"), that one should be careful not to mix them. And one who sanctifies himself in this exceedingly, "holy shall he be called".
Also in Sefer Yosef Ometz (by R' Yosef Yuzpa)9 he wrote: 'Many are accustomed to eat dairy foods on the first day of Shavuos, and they have upon what to rely. Indeed, since our Sages z"l said there is no simcha except with meat and wine, they are accustomed to eat meat after them. And those who do so must be meticulous that all the members of the household wash their hands between dairy and meat. And according to what was written above, that one should be stringent to wait after dairy before meat six hours, one should fulfill this minhag with a dairy cooked dish in which there is no milk or butter in its substance .. and in any case our minhag is to make a filling of dairy or meat and the form of a ladder of seven rungs upon it, a remembrance of the seven heavens that the Holy One, blessed be He, split at the time of the giving of the Torah to show that there is none besides Him, and it is a good and fine minhag'.
And the Knesses HaGedolah10 wrote: 'And I, even though I am of those who are accustomed not to eat cheese and meat in one seudah, to fulfill this [minhag] of eating dairy and meat food on the day of Shavuos, I eat the dairy with the honey first, and I recite Birkas HaMazon, and afterward, after an hour, I eat meat food'11.
And so wrote the Pri Megadim12: 'One should be careful in the matter of foods of meat with milk in accordance with all that one is careful about during the entire year, as explained in Yoreh De'ah siman 88 and siman 89, and not to have their reward go out through their loss; and in our many sins in this bitter exile, whatever one can fence off is better, and all the more so what is from the law, and a minhag that has already been accepted is like a vow'.
And in like manner the Alter Rebbe13 wrote: 'It is customary in all places to eat dairy foods on the first day of Shavuos, and the minhag of our fathers is Torah, for many reasons were stated regarding it; and since it is a mitzvah to eat meat on every Yom Tov .. therefore one must be careful not to come to the prohibition of meat with milk, and to act as written in Yoreh De'ah siman 88 and 89'.
And in practice the Rebbe14 also aroused regarding this, and especially on Shavuos: 'At the giving of the Torah there is a special emphasis regarding the matter of kashrus, as is known that one of the reasons for eating dairy foods on Shavuos is in order to emphasize that the Jewish people guard the separation between milk and meat, and therefore the Torah was given specifically to the Jewish people, and not to the ministering angels [even though they argued "a hidden treasure You seek to give to flesh and blood; place Your glory upon the heavens"], who were not particular about eating meat and milk, as we find in the Torah regarding the angels who came to Avraham — "he took butter and milk and the calf .. and they ate." And from this it is understood that one should not, God forbid, be lenient in the interval between eating dairy foods on Shavuos and eating meat (as several Acharonim hold), for the opposite is reasonable, since one of the reasons for eating dairy foods on Shavuos is in order to emphasize that the Jewish people guard the separation between milk and meat, as above'.
Thus we saw that in practice one should not be lenient in waiting between meat and dairy on Shavuos.
--------------
Notes:
1 הל' איסורי מאכלות אות עג ↩
2 סי' קו ↩
3 וראה גם א"ר סי' תצד סק"י ↩
4 פר' משפטים בסופו ↩
5 דין כו ↩
6 ראה שבת פט, א. ולהעיר מהיום יום ג סיון ↩
7 המנח"י כלל עו-עז סק"ה הביא את סיום דבריו ↩
8 מסכת שבועות פרק נר מצוה טז ↩
9 ח"א סדר חגה"ש סי' תתנד ↩
10 שכנה"ג הגה"ט או"ח סי' תצד אות ג ↩
11 וראה דרכ"ת סי' פט ס"ק יט בסופו ↩
12 או"ח משב"ז סו"ס תצד. וראה גם בא"א סי' תצד סק"ו ↩
13 שו"ע סי' תצד סט"ז ↩
14 תו"מ תשמ"ג ח"ג ע' 1579 ↩
[H] (Halacha 561)
Question: Is there value in getting a haircut in honor of the Yom Tov?
Answer: The Mishnah in Maseches Moed Katan1 says: 'All other people are forbidden [to cut hair during Chol HaMoed]'.
And the Gemara there explains: 'And all other people, what is the reason they are forbidden? - As we learned: The men of the mishmar and the men of the maamad are forbidden to cut hair and to launder, and on Thursday they are permitted, because of the honor of Shabbos. And Rabbah bar bar Chana said in the name of Rabbi Elazar: What is the reason? - So that they will not enter their mishmar service when they are unkempt. Here too: so that they will not enter the festival when they are unkempt'.
And Rashi wrote: 'And one who is lax and did not shave before the festival, and the time to shave came upon them during the festival — the Rabbis were stringent, since they did not exert themselves to cut hair before the festival, so as not to be unkempt during the festival — if they were to cut hair during the Moed they would not have cut hair before the Moed, and would enter the festival when they are unkempt'.
And it is written in the Shita of the student of HaRav Yechiel: 'And from here we learn that it is a mitzvah upon a person to adorn himself with cutting hair and laundering and washing on the eve of the festival, for behold they penalized him that he should not cut hair during the Moed because he did not cut hair on the eve of the festival'.
And it is written in Piskei Maharach Or Zarua2: 'It is a mitzvah for a person whose hair is grown long to cut hair on the eves of Shabbos and on the eves of Yamim Tovim'. And so it is written in the name of the Or Zarua in the Darkei Moshe3: 'It is written in the Or Zarua, chapter "Elu Megalchin," that it is a mitzvah upon a person whose hair is grown long to cut himself for Shabbos or for Yom Tov, for they forbade cutting hair during the Moed so that one would not be unkempt during the Moed'.
And as halacha the Mechaber4 wrote: 'It is a mitzvah to cut hair on the eve of Yom Tov'. And the Taz5 wrote: 'It is a mitzvah to cut hair etc. So that one will not enter the Moed when he is unkempt; therefore one does not cut hair during the Moed, so that one will be concerned to cut hair on the eve of the Moed'. And the Levushei Serad explained the intent of the Taz: 'It was difficult for him, for this seif should properly have had its place in the laws of Yom Tov, not in the laws of Chol HaMoed; to this he answered that it is a reason for the seif that comes after this, understand this'.
That is, the reason the Mechaber wrote this law in the laws of Chol HaMoed and not in the laws of Yom Tov is in order to explain why they forbade cutting hair during Chol HaMoed, the reason being so that one would be careful to fulfill the mitzvah of cutting hair on the eve of Yom Tov, and not rely on the fact that one can get a haircut during Chol HaMoed, as the Aruch HaShulchan6 wrote: 'Cutting hair and haircutting is forbidden during Chol HaMoed, and even though this is a need of Yom Tov, for it is unkempt for him to go about with grown hair and it is also distress for one who is not accustomed to it, nevertheless he could have cut hair before the Moed; and on the contrary, for this very reason they forbade it, for behold it is a mitzvah to cut hair and to get a haircut on the eve of the festival because of the honor of the festival, and if you were to permit it to him during Chol HaMoed, each one, because of his preoccupation before the festival, would leave it for Chol HaMoed'.
Also the Rema wrote this law7: 'And it is a mitzvah to wash and to cut hair on the eve of Yom Tov and to wear fine garments as on Shabbos'.
And so wrote the Alter Rebbe8: 'What honor is this? That which the Sages said that it is a mitzvah upon a person to cut hair on the eve of Yom Tov so that one will not enter the festival when he is unkempt'.
★ ★ ★
Question: When is the time on the eve of the festival?
Answer: Regarding the eve of Shabbos it is written in the Pri Etz Chaim9 with respect to the practice of the Arizal: 'My teacher, may his memory be for the life of the World to Come, was careful not to cut hair after midday, which is the time of Mincha Gedolah, and even on the eve of Shabbos he was very careful in this'.
And so wrote the Magen Avraham10: 'And in the Kavanos it is written that the Arizal was careful not to cut hair after Mincha even on the eve of Shabbos, and see siman 232'.
And so the Rebbe brought in a letter11: 'And according to what is brought from the Arizal it must be before midday, for he wrote in the name of the Arizal to cut the hair before midday because of "you shall not muzzle an ox in its threshing"'.
And the Pri Megadim12 wrote: 'And see siman 468, that on the eve of Pesach after midday it is forbidden to cut hair, but on other eves of Yom Tov, if one forgot, it is permitted, but lechatchilah one should cut hair before midday, see siman 251 os 5 in the Magen Avraham in the name of the Arizal z"l. And see Bach 251, and in other places it implies that Shabbos and Yom Tov are equal'.
That is, the Pri Megadim explains: a. that the care to get a haircut lechatchilah on the eve of Shabbos is also on the eve of Yom Tov; b. one who did not manage may get a haircut after midday.
And from the words of the Rebbe it appears that he agreed with the Pri Megadim that also on the eve of Yom Tov lechatchilah it is proper to get a haircut before midday, for in a sicha of 29 Elul, the eve of Rosh Hashanah 572213 it is brought with respect to the eve of Rosh Hashanah: 'That according to what is explained in several places (see Pri Etz Chaim, Shaar HaShabbos, end of chapter 1) that one should not cut the hair after midday'.
Thus, from the aspect of the honor of the Yom Tov it is a mitzvah to get a haircut on the eve of the festival, but lechatchilah it is proper to get a haircut before midday, and one who did not manage may also [do so] afterward14.
Notes:
1 יד, א ↩
2 מסכת מו"ק אות עו ↩
3 או"ח סי' רס אות א ↩
4 שו"ע או"ח סי' תקלא ס"א ↩
5 ס"ק א ↩
6 או"ח סי' תקלא ס"א ↩
7 או"ח סי' תעא ס"ג ↩
8 שו"ע או"ח סי' תקכט ס"ב ↩
9 שער השבת פ"א ↩
10 סי' רנא ס"ק ה ↩
11 אג"ק חי"ח ע' תקס ↩
12 או"ח משב"ז סי' תקלא ס"ק א ↩
13 תו"מ חל"ד ע' 320 הערה 66 ↩
14 וראה דברי הרמ"א בסוף סי' רנא, מג"א סק"ה. ודברי אדה"ז סי' רנא סעיף ד.וראה גם במשנ"ב שער הציון סי' תקלא ס"ק ב שכתב: 'ולפי מש"כ שם בשם האחרונים דנוכל לסמוך על דעת הפוסקים דמנחה היינו מנחה קטנה, נראה דבערב יו"ט כשהזמן דחוק לו אפילו לכתחלה יוכל לסמוך עליהם. וכל זה לענין לכתחלה, אבל לענין דיעבד הלא ידוע דעת הרמ"א שם בסוף הסימן דמסתפרין כל היום, ואף דהגר"א שם מפקפק על זה, לענין ערב יו"ט כדי שלא יכנס לרגל כשהוא מנוול אין להחמיר, וכן המנהג' ↩
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