More of Rav Elyashiv’s Rulings By Rabbi Yair Hoffman

Five Towns Jewish Times

The former Gadol HaDor, Rav Elyashiv may have passed on to the Olam HaEmes, but his Torah lives on.  Indeed, thanks to the efforts of his son-in-law Rav Yitzchok Zilberstein Shlita, we are privy to new and remakrbale rulings of Rav Elyashiv – in a just-off-the-press sefer entitled Kav V’Naki, Vol. II, by Rav Zilberstein. Some of the rulings contained below deal with fundamental issues that all members of Klal Yisroel should be aware of.  Below are some of the questions divided into the categories of three of the four sections of Shulchan Aruch.

Orech Chaim

Regarding the Minhag of fasting for all who witness a Sefer Torah falling, may the Merciful One protect us, are women included in this custom?  Rav Elyashiv zt”l responded that this is the custom now in Klal Yisroel that all men who observed it fall fast, but the technical absolute halachic requirement was only for the person who actually dropped it to fast.  He also ruled that only men are included in this custom and women who see a Sefer Torah fall do not fast. (OC 13)  [Editor’s note:  Perhaps Rav Elyashiv is expressing a similar notion to that of the author of the Alei Shor that the custom of 100 blessings a day was never instituted for women because they have more natural Yiras Shamayim than do men and were not in need of the takanah of 100 blessings per day to increase the Yiras Shamayim].

Can a Down’s Syndrome child be included in a Minyan of ten? Rav Elyashiv answered that if the following two criterion are met, not only may he be counted but he may even be Motzi the masses with Krias HaTorah: 1] If he can shop without losing money and can accept and hold on to change or if he can travel alone on a bus and 2] if he understands a little bit of what he studies (OC 15).

A baal Teshuvah went back to his home community where the only Minyan that existed was one made up of people that drive back home on Shabbos (Heaven help us), is it preferable to daven with them or to daven without a Minyan?  Rav Elyashiv responded that it is preferable to daven alone, although he noted that Rav Moshe Feinstein argued.  In Rav Elyashiv’s published shiurim on Brachos, however, he did state that under very very pressing circumstances one may include such people in a minyan  (OC 16). [...]