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Rav Dovid Feinstein’s Rulings On Hundreds Of Issues

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Rav Dovid Feinstein, shlita

Rav Dovid Feinstein, shlita

Sefer Review By Rabbi Yair Hoffman

The second volume of V’dibarta Bam with the p’sakim of Moreinu HaRav Dovid Feinstein, shlita, has just been released. It is authored by Rav Boruch Moskowitz, shlita, who learns with the rosh yeshiva every morning. There is no question that this sefer is a “must have” and the first printing will certainly be sold out in a matter of a few weeks of its arrival in the sefarim stores.

For the first time, Rav Dovid Feinstein’s halachic views on hundreds of topics are heard in an in-depth treatment.

The sefer has 221 topics in close to 600 tightly packed pages. Each siman deals with a topic with great depth and then provides Rav Dovid Feinstein’s view on the subject matter. Much of the material deals with understanding Rav Moshe Feinstein’s opinion in his Igros Moshe.

 

Dayan Roth’s Remarriage

There was an article a short while back about Dayan Yechezkel Roth who was attached to a heart-lung machine and for a while, he was not technically “living.” Subsequently, it was reported that he had remarried his wife, just in case his temporary death severed the legality of his marriage. Reb Dovid, shlita, (Siman 306) opines that when one does undergo such a temporary death, there is no need to remarry. He also states that one is not technically obligated to perform heroic lifesaving measures to one who is technically dead. Rav Dovid’s opinion in this particular siman seems to be a rather controversial one.

 

Maisis And Lifnei Iver

In Siman 155, the Igros Moshe (OC Vol. I #99) regarding “Maisis” on other mitzvos is discussed. According to many other authorities, there is another prohibition aside from Lifnei Iver, which is violated when one specifically requests another individual to perform a sin. This prohibition is called Maisis. The verse in Devarim (13:7) states: “If your brother shall entice you . . . saying let us go serve other gods…” The Torah then continues to explain the punishment of such an individual. The traditional understanding of this prohibition is that it is limited to one who entices another to worship idols.

Rav Moshe writes that this prohibition of enticing another person applies to all sins, not only to idol worship. He maintains that the capital punishment is strictly reserved for the idol-worship form of enticement, but the prohibition of enticement applies to all sins.

Rabbi Feinstein thus censures a synagogue for encouraging people to attend their programming or their religious services on the Shabbos if they would arrive by car. He writes that the rabbi who invited them would be in violation of both Lifnei Iver as well as Maisis. [It seems from Rabbi Feinstein’s language and tone that the violation of Maisis is actually more serious than that of Lifnei Iver.]

Rabbi Moskowitz explains why the issue of kiruv rechokim is not relevant in Rav Feinstein’s analysis and why one cannot allow for violating halachah for this purpose. In the end of the Siman, Rabbi Moskowitz cites Rav Dovid Feinstein’s view that there is no leniency to invite someone on Shabbos. As a parenthetic note, Rav Feinstein, zt’l, was not the first to mention the prohibition of Maisis. It is also found in both the Chavas Yair §166 and the Shvus Yaakov Vol III §178.

 

Do You Make
A Shehecheyanu When Purchasing A New Sefer?

Generally speaking, mitzvos are not given l’hanos, so we do not recite blessings on a new sefer. But when it genuinely brings us joy, perhaps one should. In Siman 44, he cites Rav Dovid Feinstein that if the purchase of the sefer brings much joy, a Shehecheyanu may be said.

 

Shehecheyanu On Fruits

A few years ago, a ruling from Rav Elyashiv, zt’l, spread, that no Shehecheyanu is recited on new fruits since, nowadays, on account of imports from various other countries, most fruits are available 12 months out of the year. Reb Dovid, lbc’l is cited in Siman 45 as agreeing with this ruling; however, he states that if there is a 30-day break when the fruit is not available, the blessing can be recited if one is excited about it.

 

Psik Reisha Through
A Gentile

In Siman 90, the author points to somewhat of a contradiction within the Mishnah Berurah (276:30 versus 253:99) regarding a psik reisha of a biblical prohibition, a secondary result of a primary action, when done through a gentile—amirah l’akum. He cites Rav Dovid Feinstein as ruling that it is permitted when done through a gentile and that the fact that the Mishnah Berurah was stringent in 276 is because of a separate issue of having muktzah moved. An issue not raised by the author is that 253:99 is actually an amalgamation of two different Acharonim in the words of the Rema (the Vilna Gaon and the Magen Avraham)—neither of whom would have come to the same conclusion that the Mishnah Berurah came to regarding biblical prohibitions on account of their own readings. It would have been interesting to hear Rav Dovid’s view on this.

 

Operations To Extend
Life Temporarily

Rav Moshe, zt’l, deals with the issue of whether a severely ill person must undergo an operation that will only extend his life somewhat (IM CM II #74). He writes that if the sick person does not have the energy or strength to do so, he has the right to not undergo the operation. Rav Dovid, shlita, added (Siman 304) that if it is impossible to ascertain the ill person’s thinking on the subject, the relatives must try to figure out what the ill person would want.

All in all, the sefer is a remarkable contribution to our understanding of halachah and specifically to Reb Dovid’s halachic views. It is a must-purchase for those who wish to hear the view of one of Klal Yisrael’s greatest gedolim. The sefer is available at Biegeleisen in Boro Park and at other fine sefarim stores. v

Rabbi Hoffman can be reached at Yairhoffman2@gmail.com.


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