582 Reciting Tehillim I
582 Reciting Tehillim I
582 Reciting Tehillim I
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Rabbi Chaim Hillel Raskin Rov of Anash - Petach Tikva
Reb Berel Kalisker
Planned Returns Reb Dovber was the son of Reb Gershon him, “Why didn’t you tell Reb Berel -
Halevi Ashknazi of the city of Kalisk, who is a ben bayis to us - to serve you?”
May I buy something short term with plans to
and was known amongst chassidim as The Rebbe responded, “Berel is a talmid
return it? “Berel Kalisker.” He was a shadar and chochom, and one is not allowed to make
According to halacha, there is usually only a small window to a choizer for the Tzemach Tzedek, and use of talmid chochom!”
retract from a sale once it was finalized—by most methods of a close friend to the Rebbe Maharash. )(דבר ציון לר"ד אליעזרוב ע' רסט
acquisition within a few seconds, and by a kinyan sudar (“lifting For twelve years they studied Gemara
a handkerchief”) as long as the sides are discussing the sale. and meforshim together in the room
After this, there is no going back.1 next door to the Tzemach Tzedek’s. A
Reb Berel was fluent in 600 maamorei
small window connected the rooms,
If the buyer was overcharged more than 16% above the market Chassidus of the Tzemach Tzedek, and
enabling them to ask him questions
value, he can invalidate the sale and receive a refund within when he would chazer them publicly,
during learning. During the year 5633
the time frame it takes to find this out. After that time it is too he would say them exactly as he heard
(1873) Reb Berel moved to Chevron,
late, unless circumstances beyond his control prevented him them, copying even the motions the
where he was greatly respected and
from finding out right away.2 Rebbe had made while saying the
quickly became one of the leaders of the
maamor. He was also a maniach - a
If he discovers a defect in the article, he can demand a refund community. He passed away on 7 Teves
transcriber of the maamorim - and the
since he received something different than what he purchased.3 5660 (1900), and is buried in Chevron. Rebbe Maharash even made comments
If, however, he continues to use it after finding the defect, His grandson was the famous rov, Reb on his hanochos. The Rebbe Rashab
or the problem was easily discernable and he neglected to Avrohom Chaim Noeh. writes that most (if not all) of Reb Berel’s
notice, he may no longer return it (even if he didn’t know the writings are very precise.
repercussions of continuing to use it).4 If there is a compelling
reason for his continued usage, he often will still be able to The Tzemach Tzedek respected Reb In Chevron there was a shortage of
return it (e.g. if he found a fault in his new car on the way Berel greatly, and also relied on him Gemaras, and one of the elders of the
home, he can continue his trip).5 in matters of halacha. One motzaei city came to Reb Berel late at night to
Shabbos, Reb Berel visited the home borrow a certain volume. Reb Berel
In many countries, there are federal and state laws that govern asked him, “Which masechta do you
of the Tzemach Tzedek, and a lengthy
consumer transactions. These laws definitely have the halachic need?” “Gittin,” was the response. “And
discussion in Chassidus began. The
status of minhag hamedina and one who purchases an item does which daf?” When the man replied, Reb
Tzemach Tzedek’s wife, Rebbetzin
so according to the local terms and conditions. The details of Berel proceeded to say the whole sugya
these terms differ from country to country and even between Chaya Mushka, waited up a long time to
serve melava malka, but seeing that the by heart, explaining it beautifully until
different states of the same country. Many countries have it was crystal clear, and the man no
special policies for online or over-the-phone purchases as well. hour was late, she went to lie down and
fell asleep. In the morning she realized longer need to borrow the Gemara…
In most states in America, there is no right to cancel contracts her husband had not eaten and asked )(דבר ציון לר"ד אליעזרוב ע' ער
or purchase agreements; a refund option depends on the
specific retailer’s policy, and in absence of one we follow the
halachic return policy outlined above. In certain states, like
New York, a store is legally required to post its refund policy. If
they don’t, the store is required by law to accept returns within
30 days of purchase.
Buying with plans to return the item would clearly not be
permitted under the “halachic” return policy, yet the specific
store’s policy is what is binding in this case. If their terms for
Not For Everyone
return require the purchaser to be “unsatisfied,” one needs to The Rebbe set that davening at 770 Kitzur Shulchan Aruch, they wouldn’t
ask oneself honestly if that is the case. Some major retail stores, should begin at 10 o’clock on Shabbos, understand why davening doesn’t begin
however, clearly allow purchases and returns with no questions to allow for time to appropriately at the proper time.
asked even after the item was used short term, since they prepare for tefila, through learning and
“A yeshiva bochur, who is capable of
concluded that such a policy is worth it for them. In such a case, contemplating Chassidus.
learning Chassidus for two hours,
it would be permissible to buy the item with the intent to return.
However, this wasn’t for everyone. In understands why according to Chassidus
a 5734 (1974) yechidus with Reb Efraim davening should start later. But not a
.ונו"כ שם תוך. ראה שו"ע חו"מ סי' קפ"ט והלאה.1 Volf, the administrator of Chabad mosdos student at a vocational school. Especially
ראה שם סי' קצ"ה ס"ז אבל- כדי דיבור
. שו"ע חו"מ סי' רל"ב ס"ג.3
קנין סודר.בפת"ש סק"ו שיש חולקים בזה in Eretz Yisroel, the Rebbe directed him the younger classes. Regarding the older
. שו"ע שם וסמ"ע שם סק"י.4
ראה שם סי' קצ"ה ס"ו ובנתה"מ סקי"ד- regarding the Beis Sefer Limelacha classes, if indeed they could learn for
ובכל, ראה בארוכה שם בפת"ש סק"ג.5
.מקרה הממע"ה
.שה"ה קנין סיטומתא vocational school: two hours, and none of them waste their
שו"ע חו"מ סי' רכ"ז ס"ב וס"ד וס"ז.2
time, they could begin davening at ten.”
“At this mosad, davening should start
לע"נ מרת ציפא אסתר בת ר' שלום דובער ע"ה no later than the time of reading (For the full yechidus see Halperin Teshurah,
Krias Shema. Since the students learn Tammuz 5762)
In merit of this publication's founder • ר' אהרן בן חנהMay the zechus of the thousands of readers bring him a total and immediate recovery