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22 Elul 5764 - September 8, 2004 | Mordecai Plaut, director Published Weekly
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NEWS
Bein Hashmoshos: A Possible Issur DeOraisa
by Yated Ne'eman Staff

After extensive research, including both written and verbal discussions with many worldwide renowned gedolei horo'oh, it is clear that one should refrain from doing any melochos deOraisa during bein hashemoshos (from sunset until nightfall) on every motzei Yom Tov. In chutz la'Aretz this applies to bein hashemoshos from both Yom Tov Rishon leSheini and motzei Yom Tov Sheini.

Included in this prohibition is e.g. cooking, boiling water for hot drinks, heating up baby food or mashing bananas and avocado etc. in a way involving issur techinoh mideOraysa on Shabbos. Also using of water from hot water tanks, carrying keys, hankies, books or machzorim etc. in a reshus horabbim during this period is forbidden. One should also refrain from kindling candles during bein hashemoshos.

Many people are unaware of this prohibition, assuming that any melochoh letzorech ochel nefesh is muttar on Yom Tov even during bein hashemoshos. This assumption is false.

The reason for this prohibition is that melochos ochel nefesh on Yom Tov are permitted only if the benefit is obtained on Yom Tov itself. During the entire period of bein hashemoshos there is a doubt whether it is still day or whether the night that belongs to the next day has already begun, since at any given moment (unknown to us) during bein hashemoshos the switch from day to night may have happened.

It is, therefore, possible that the melochoh done bein hashemoshos was done on Yom Tov and then it became motzei Yom Tov (or the second night Yom Tov) before hano'oh was realized from the melochoh. This is, therefore, a sofek issur deOraisa.

This psak halocho was written on the suggestion of HaRabbonim HaGe'onim HaRav Yosef Eliashiv shlita, HaRav Shmuel Wosner shlita, HaRav Chaim Pinchos Scheinberg shlita, vlhbch"l HaRav Shlomo Zalman Auerbach zt"l, HaRav Chanoch Padwa zt"l, HaRav Betzalel Rakow zt"l and HaRav Yisroel Zeev Gustman zt"l.

This will be applicable this year on Rosh Hashonoh during bein hashemoshos between the first and second day. On Succos and on Shemini Atzeres it will be applicable on motzei Yom Tov in Eretz Yisroel for bnei chutz la'Aretz between the first and second days (that is, on Thursday night).

For more information: Rabbi Yaakov Weingold; Rechov Elisha 35; Bnei Brak 51541; Tel: 972-3-570 2792

Sources: Rabbi Akiva Eiger Orach Chaim 495, Sefer Ginzei Rabbi Akiva Eiger 21, Sefer Yehoshua, Pesokim Ukesovim 369, HaRav Chaim Soloveitchik and HaRav Y.Y. Kanievsky.)

 

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