New York – The Mogain Avrohom, The New York Yankees, Shabbos, and the Mishna Brurah

    34

    THE ISSUE
    Her name is Suzyn Waldman and she is a sportscaster for WCBS for the New York Yankees. More specifically she is a color-commentator for John Sterling. A color commentator is someone who does the chit chat in between the play by play. John Sterling does the play by play; Suzyn Waldman does the chit chat. Among other things, she is known as the person who made Shalom between former manager Yogi Berra and owner George Steinbrenner after a fourteen year war – no easy feat.

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    Suzyn Waldman also happens to be Jewish. So what is the issue? It seems that a Motzei Shabbos Yankee game will be broadcast from Seattle to the east coast. While in the east coast it may be Motzei Shabbos – on the west coast it is still Shabbos.

    Can Frum people listen to the Moztei Shabbos game if one of the broadcasters is Jewish and is broadcasting on Shabbos?

    MAASEH SHABBOS – Forbidden Benefit For Oneself: For Others..

    The halachic issue under discussion is called “Maaseh Shabbos.” What follows is an overview of the underlying issues, with a play by play analysis of how it would apply regarding Suzyn Waldman. Then we will go back and come to a conclusion.

    The Gemorah in Kesuvos (34a) cites an argument concerning the status of something that was made or improved upon in violation of the Shabbos. The Shulchan Aruch (OC 318:1) rules that any biblical prohibition that was violated on Shabbos – it is forbidden to benefit from the item. If it was done purposefully – it is forever forbidden to the person who did the violation.

    For others, however, they may benefit from the item immediately upon Motzei Shabbos.

    This is, in a nutshell, the position of Rabbi Yoseph Karo, as set forth in the Shulchan Aruch.

    So far it seems like good news for Yankee fans (at least the religious Jewish ones). The Shulchan Aruch rules that although it is forever forbidden for the willful violator, others may benefit on Saturday night. The game may be heard.

    To understand the issue in greater depth, however, we need some background information.

    DIFFERENCE BETWEEN GENTILE OR JEW DOING MALACHA
    This ruling deals with the law of whether a Jew may benefit from action done by a Jew. It is actually much more lenient than in regard to when things are done on Shabbos for a Jew or for Jews by a gentile.

    If a gentile did something on Shabbos for a Jew one must wait the time it would have taken for him to have done it on Motzei Shabbos before one benefits. This is called waiting “bichdei sh’yaasu” – the amount of time that it would take to do it.

    Why is it more lenient if a Jew did the Malacha?

    The Mishna Brurah gives two explanations that of the Taz and that of the Mogain Avrohom. According to the TaZ a person will not come to tell a fellow Jew to once again violate Shabbos – whereas he may come to tell a gentile. According to the Mogain Avrohom – the Jew will not end up doing it for him or listening– because a person does not sin unless he himself gains benefit. When people steal, for example, they keep the money for themselves – they don’t steal and put it in someone else’s bank account for the other person.

    Why do we mention these two reasons? Because many Poskim hold that the whole discussion of the Shulchan Aruch here about it being permitted on Saturday night for a Jew refers only to an observant Jew who violated the Shabbos – but if it was an unobservant Jew – there may still be a requirement to wait some time on Saturday night – Bichdei Sheyaasu!

    Uh oh. This would be bad news for the Yankee fans.

    Rav Tzvi Pesach Frank (Har Tzvi OC 183), in fact, rules this way – that one does have to wait on Saturday night the amount of time it would have taken to perform the Malacha when the violator was, in fact, non-religious. More bad news for the Yankee fans.

    Other Poskim, however, do not rule this way (Dayan Weiss, for example). Some express some doubt on the issue (See PMG MZ 318:5:6). Good news for the Yankee fans.

    With this issue, we may come up with what would seem to be a rather bizarre halacha. At least according to Rav Tzvi Pesach Frank zatzal, a non-observant Jew must wait Bichdei Sheyaasu on Saturday night because of a concern that he may tell the Jew to do it, but an observant Jew would not have to wait. Although most Poskim might hold that once Chazal did not enact a prohibition on a Jew to wait some time on Saturday night – they did not distinguish between different types of Jews (lo plug Rabbanan), this is perhaps the only time when a halacha might actually be more stringent for someone who is less stringent.

    WHAT IS MEANT BY “FOR OTHERS?”
    There is another issue, however. The Mogain Avrohom limits the leniency of “for others.” The Shulchan Aruch writes that “for others” it is permitted immediately upon Saturday night. The Mogain Avrohom writes that this is just regular others. If it was done specifically for others – then that is also forbidden. In other words if the Jew did it for other people specifically, the Mogain Avrohom forbids this. It is only permitted for other people whom the violator did not specifically do it for.

    Uh oh. More bad news for the Yankee fans. Why? Because Suzyn Waldman is doing it for the listeners.

    DOES THE MISHNA BRURAH DISAGREE?
    What is interesting, however, and the point of this article is that the Mishna Brurah does not cite the Mogain Avrohom. If ever there was a Mogain Avrohom to cite, it would be this one. The fact that he doesn’t, indicates that he disagrees with it and holds that all others may benefit from it on Saturday night – even those to whom it was specifically done for them.

    So this is the question that we must ask our own Rav or Posaik: Does the fact that the Mishna Brurah not quote this Mogain Avrohom indicate that he holds that for all others – even those who it was specifically done for – it is permitted? This is certainly the impression one gets from just learning the Mishna Brurah.

    This issue, by the way, is a very pertinent one. It deals with whether we may ever benefit from something done for us by another Jew on Shabbos.

    BIBLICAL VERSUS RABBINICAL
    Another issue regarding our case is whether it also applies to a case of a Rabbinic violation of Shabbos –rather than a Biblical violation. The Chofetz Chaim rules (Biur Halacha “HaMevashel” that even according to the Shulchan Aruch one may benefit from a Rabbinic violation done Beshogeg – not on purpose – benefitting. The implication, of course, is that one may not benefit if it was done on purpose – but are there parameters? The Mogain Avrohom (505:14) writes that it is permitted only when there is no other alternative. The Nishmas Adam on the Chayei Adam 9:9 rules that one may benefit from it on Saturday night.

    Applying the Mogain Avrohom to our case would not allow a person to hear Suzyn Waldman, but may allow for hearing the game on another station. It seems that Ms. Waldman is a color anchor only for WCBS News, but there are other stations that occasionally or regularly carry Yankee games. If there is no other station then even according to the Mogain Avrohom things would be good. According to the Nishmas Adam – it would not seem to be a problem.

    WHENEVER THERE IS A DOUBT

    Another reason to be lenient is a concept cited by the Mishna Brurah (MB 318:46). Whenever there is a doubt or an argument concerning Maaseh Shabbos, one may be lenient. Rav Elyashiv (in Kovaitz Teshuvos Vol. II 24) rules in this manner as well.

    What is the doubt in our case here? The issue revolves around the exact violation of broadcasting. While the Chazon Ish rules that the use of electricity involves the biblical prohibition of Boneh – building on Shabbos, by no means is this universally accepted. Most Poskim treat electricity and or microphones as prohibited, but it is unclear whether it is a Rabbinic violation or a biblical violation, and it is a debate what prohibition is actually violated. That being the case, it can definitely be argued that Maaseh Shabbos in this case would be permitted.

    NATURE OF THE CHANGE IN ITEM

    Finally, one last thought. If there is no change in the actual item itself, many Poskim permit benefitting from Maaseh Shabbos. If it is Beshogeg, unintentional – they permit it on that Shabbos. If it was BeMaizid, intentional they permit it for Saturday night. For example, if someone were to have carried a key on Shabbos in violation of Halacha, and that key would have been accessible anyway one may enter the door (See Rambam Shabbos 6:24 and Nishmas Adam #9.

    Some would argue that there is no actual benefit received from a color commentator either, since there is no play by play discussion. In conclusion, in light of the issues discussed above – it would seem that one may listen to her broadcast. In the event that one particularly enjoys her comments – it should be avoided.

    This entire discussion, of course, does not deal with the issue of Bitul Torah. One would clearly be better off learning Torah with one’s children during this time and having a Melaveh Malka. Perhaps a discussion about the halachic repercussions of listening to a Yankee Game with a twist to it, might be a more appropriate activity.


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    34 Comments
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    itzik18
    itzik18
    12 years ago

    Is she doing it for the listeners, or for herself (i.e. her paycheck), or for the sponsors?

    12 years ago

    Why all the talk about Waldman but no mention of Gary Cohen and Howie Rose who do play by play?

    shredready
    shredready
    12 years ago

    what about if a ball player is Jewish like Ike davis

    MazelKGH
    MazelKGH
    12 years ago

    Considering the many issues facing us today, this and the worms in the fish are a welcome distraction.

    ExpatriateOwl
    ExpatriateOwl
    12 years ago

    He talks about Suzyn Waldman, but note that the photo is of a male baseball player. Was Susyn photoshopped out of the picture?

    12 years ago

    FYI the seattle series was last week…
    But they will have the same issue this week since they’re playing the angels in L.A.   9pm

    notsaying
    notsaying
    12 years ago

    While I couldn’t find a really legit source, many blogs claim the John Sterling, aka Harold Moskowitz, is also Jewish! Go figure.

    zayin
    zayin
    12 years ago

    give me a break……

    why dont you just watch the game on YES Network…..
    Michael Kay, Paul Oneill, aren’t Jewish, and SURELY Ken Singlenton isn’t.
    and by the way David Cone who announces on occasion isn’t Jewish either. (his mom is a shiktzah…)

    sandymoos
    sandymoos
    12 years ago

    What happens if she sings?
    BTW John Sterling, who does the play by play is Jewish as well

    12 years ago

    It’s a Bizoyon (a disgrace) to use a yankee broadcast as an example of Maaseh Shabbos(TORAH)!

    12 years ago

    Why are they picking on this woman? There are literally dozens of Jewish sportscasters over the years.

    NewYorker
    NewYorker
    12 years ago

    Anyone with rabbi yair hoffman’s email?

    12 years ago

    whenever i listen to yankee games i try to tune her out and just listen to sterling. her commentary is often painful

    kollelfaker
    kollelfaker
    12 years ago

    some people have to much time on their hands this problem has gone on for decades
    even before Howard Cosell
    instead of focusing on the hundreds of frum children that see no problem texting on shabbos or traveling instead of focusing on our yeshivas that are destroying our youth that dont meet their images we waste time on this. sorry trhere are more important issues that need to be discussed

    Darth_Zeidah
    Darth_Zeidah
    12 years ago

    With the greatest of respect to the author of this very well-documented story, and to the learned commentators whose contributions appear above, this will make not the slightest bit of difference to – what’s her name again? – Suzyn Waldman or to any devoted fan of the sport who does not read VIN.

    If a person does not read VIN then he/she is unlikely to be aware of and to observe all the dinim on this matter.

    Berel13
    Berel13
    12 years ago

    None of this applies to the Mets – right?

    JDoc1
    JDoc1
    12 years ago

    Cute piece. I would like to point out however, that the entire initial argument for leniency is based on whether or not something produced via a Shabbos desecration is permitted for use AFTER Shabbos. This excludes and prohibits one from benefitting from any active Shabbos prohibitions. In this particular case, although it may be motzei Shabbos on the East Coast, the Shabbos violation is still actively being carried out on the West Coast. I think that even the lenient opinions mentioned here would agree that to benefit from an active, ongoing Shabbos violation would indeed be prohibited.

    Rabbi Yair Hoffman
    Admin
    12 years ago

    Isn’t it obvious that Rabbi Hoffman is trying to use this to teach us hilchos Shabbos? All those arguments that he is missing the boat kind of fall away when you consider this..

    Reb Yid
    Reb Yid
    12 years ago

    The article is a very good synopsis of maase shabbos. On this specific case, however, the main issues aren’t addressed until the very end.

    1. The whole thing is beshogeg or be’ones. She doesn’t know that it’s ossur to broadcast on shabbos, and even if she “knows” (like she heard somewhere that orthodox Jews can’t do that) she doesn’t really know, she just thinks it’s a custom. She doesn’t know about torah misinai, her neshoma, etc. All the gedolim write that mechalelei shabbos bizman hazeh are, by and large, not mezidim, not even shogegim, they’re really anusim, like a tinok shenishbah.

    2. The last paragraph in the article, while perhaps not relevant to the topic being discussed, is a point often missed among yidden. Being glued to a game for 3 hours is probably not the best way to spend one’s time, even during the week.

    12 years ago

    Interesting, but give me a break – Ein L’Davar Sof – what if I get an email from someone that sent it over shabbos – is that Maase shabbos ? and
    I should just delete ?

    shlomozalman
    shlomozalman
    12 years ago

    The correct psak is that it is totally permitted to listen to the game.

    benstein
    benstein
    12 years ago

    reply to 33- from what i understand if its not shabbos anymore in the place where the email was sent it should not be a problem since its mutar l’achairim on motzai shabbos

    5TResident
    Noble Member
    5TResident
    12 years ago

    Don’t tell Suzyn about this article. She’s likely to start blubbering again. “Oh my goodness gracious!”