Today we are presenting 3 Halachot on the Misva of Mishloach Manot
** 1st Halacha **
Mishlo’ah Manot – Ensuring That the Recipient is Aware of the Package; Ensuring That the Products Meet the Highest Kashrut Standards
One of the Misvot that one must fulfill on Purim is "Mishlo’ah Manot," giving food items to one’s fellow Jew. The Megila (9:19) refers to this Misva as "Mishlo’ah Manot Ish Le’re’ehu" ("Sending portions [of food] each man to his fellow"). The phrase "each man to his fellow" indicates that the recipient must be aware of the package, and of the identity of the sender. The purpose of this Misva is to increase friendship and camaraderie among the Jewish people, and this achieved only if the recipient knows that he received a package and knows who sent it. Thus, one does not fulfill the obligation if he sends a food package anonymously. For example, if a person leaves a package by his friend’s door, and his friend has no way of knowing who brought the package, he does not fulfill the Misva. One must either give the package directly to his friend or at least place a sticker on the package with his name so the recipient knows who brought him the gift.
Likewise, the recipient must be aware on Purim that he received the package. If a person brought a Mishlo’ah Manot package to his friend’s home, and the friend’s children told him that their father was not home or asleep, he does not fulfill the Misva unless the friend becomes aware of the package on Purim day. If he wakes up or arrives home only after Purim, and only at that point sees the package, the sender has not fulfilled the Misva through that package. By the same token, if at the time the package is brought the friend is intoxicated to the point where he is not aware of what goes on around him ("Ki’shichruto Shel Lot"), and he becomes sober only after Purim, the sender has not fulfilled the Misva, since the recipient was not aware of the gift on Purim.
Therefore, one must ensure when bringing Mishlo’ah Manot that at least one recipient knows on Purim day about the gift and who gave it to him.
When preparing Mishlo’ah Manot, one must ensure that all the foods he sends meet the highest standards of Kashrut that are acceptable by all Jews. Even if a person does not himself make a point of eating only Halab Yisrael products, avoiding Pat Akum (products baked by a gentile), and insisting on Kemah Yashan (flour that was ground before the previous Pesah), he should ensure that the foods he sends for Mishlo’ah Manot meet all these requirements. If the recipient follows a stricter standard, then the sender will be in violation of "Lifneh Iver Lo Titen Michshol" ("placing a stumbling block before a blind man") by sending him food that does not meet his personal requirements. Therefore, one who sends a meat product as Mishlo’ah Manot to a Sepharadi must ensure that the meat is certified "Glatt Bet Yosef," as required according to Sephardic custom. It goes without saying that one does not fulfill the Misva by sending non-kosher food, and doing so is certainly forbidden.
One may, however, send both meat and dairy products in the same Mishlo’ah Manot package. For example, a package may include a salami sandwich and a milk chocolate bar. Since the recipient should know not to eat them together, the giver is not considered to be leading the recipient to sin. Needless to say, it is forbidden to send a food that contains both meat and milk and is therefore non-kosher.
Summary: In order for a person to fulfill the Misva of Mishlo’ah Manot on Purim, he must ensure that the recipient is aware on Purim day of the package he received, and knows who sent it. One should send for Mishlo’ah Manot only foods that meet the highest standards of Kashrut that are acceptable by all. It is permissible to include both meat and dairy products in one Mishlo’ah Manot package.
** 2nd Halacha **
May a Rabbi Judge a Case After Purim if He Had Received Mishlo’ah Manot From One of the Litigants?
The Misva of Mishlo’ah Manot on Purim requires sending at least two food items to one fellow Jew on Purim. One fulfills this Misva even if he sends to his father, son, Rabbi or student.
The Halachic authorities address the interesting question of whether a Rabbi may agree to preside over a case involving a litigant who sent him Mishlo’ah Manot on Purim. Consider, for example, the case of a person who brought his Rabbi Mishlo’ah Manot on Purim, and then the day after Purim calls his Rabbi and asks him to settle a financial dispute he has with his fellow. Generally speaking, a Rabbi may not serve as a judge if one of the parties had done him a favor, as he might be favorably predisposed toward that litigant. In fact, the Talmud speaks of cases of Rabbis who declined to serve as judges because one of the litigants had done him a small favor, such as giving the Rabbi a hand as he crossed a river, or blowing a feather off his garment. Tosafot (commentaries by Medieval French and German Talmudists) claim that strictly speaking, a Rabbi may serve as a judge for somebody who had done him a small favor such as these, and the Rabbis mentioned in the Gemara declined from serving as a judge only as a "Midat Hasidut" (additional measure of piety). The question thus arises as to how we should classify Mishlo’ah Manot in this respect. Is giving Mishlo’ah Manot to a Rabbi considered a favor that disqualifies the Rabbi from serving as a judge for the giver, or do we consider Mishlo’ah Manot as a standard religious practice, rather than a personal favor?
Hacham Ovadia Yosef ZT"L (listen to audio recording for precise citation) cites a responsum in the work Debar Shemuel as ruling that the Rabbi must use his judgment in each case and assess the particular circumstances. In most places, it is customary for all community members to give Mishlo’ah Manot to their Rabbi. In such a case, since giving Mishlo’ah Manot is a standard practice, we would not consider it as a "bribe" that would disqualify the Rabbi from serving as a judge for one of his members after Purim. However, in instances where the Rabbi has reason to suspect that the individual brought him Mishlo’ah Manot specifically to earn his favor, he must decline the invitation to serve as a judge. For example, if the individual does not live nearby, and he went out of his way to bring the Rabbi Mishlo’ah Manot, the Rabbi should decline if the individual asks him to arbiter a legal dispute. Likewise, if at the time when an individual brings the Rabbi Mishlo’ah Manot he specifically makes a point of mentioning that he needs the Rabbi to resolve a dispute, the Rabbi should decline. In all situations, the Rabbi must exercise his best judgment to determine whether or not the litigant had brought him Mishlo’ah Manot so that he would be favorably predisposed toward him. If he indeed has reason to suspect that this was the litigant’s intent, then he must decline the invitation to judge the case.
Summary: If a Rabbi is called upon after Purim to serve as a judge for somebody who had brought him Mishlo’ah Manot on Purim, then he must carefully assess the situation to determine whether the individual had specifically intended to earn his favor. If the litigant was a member of his community and it was customary for all members to give the Rabbi Mishlo’ah Manot, then he does not have to suspect that the Mishlo’ah Manot was given as a bribe. But if the Rabbi has reason to suspect that the litigant specifically intended to earn his favor, then he should not serve as a judge for the litigant.
** 3rd Halacha **
Mishlo’ah Manot – Stringencies That One Should Preferably Follow for One Mishlo’ah Manot Package Sent on Purim
The Misva of Mishlo’ah Manot requires sending at least two food products to at least one fellow Jew on Purim. Nevertheless, it is admirable to send Mishlo’ah Manot to many people, as one thereby enhances the atmosphere of peace, friendship and camaraderie among the Jewish people.
It is proper to send at least one Mishlo’ah Manot package in accordance with all the stringencies mentioned by the Halachic authorities. Despite the fact that, strictly speaking, one fulfills the Misva even without observing these stringent measures, one should preferably endeavor to observe these stringencies with regard to at least one of his Mishlo’ah Manot packages, in order that he fulfills the Misva according to all views. The following stringencies should be followed for at least one Mishlo’ah Manot package that one sends on Purim:
1) The two items should be sent together at the same time, rather than one right after the other. According to some authorities, only by sending both food items at the same time is one considered to have sent two items (as opposed to sending one item on two occasions).
2) The two items should be placed in two separate utensils. According to some views, food items contained in the same utensil do not count as two separate products.
3) The two products should be respectable according to the standards of both the giver and the recipient. According to some views, one does not fulfill the Misva if he sends cheap food items that are beneath his stature or that of the recipient. For example, if a distinguished person sends items such as popcorn, taffy, cotton candy and candy corn, they do not reflect his standard. It is therefore proper for at least one Mishlo’ah Manot package to contain respectable food items.
4) The package should contain at least two solid foods. Strictly speaking, one fulfills the Misva of Mishlo’ah Manot by sending a food and a beverage, or even two beverages. In order to satisfy all opinions, however, it is preferable that at least one package should contain at least two solid foods. (Incidentally, the two solid foods must be different types of foods. Slicing a piece of meat into two pieces and sending the two pieces does not qualify as Mishlo’ah Manot. One may, however, send two pieces of meat from different cuts, such as one piece of sirloin and one piece of fillet mignon.)
5) This Mishlo’ah Manot package should be delivered through a third party, and not personally. According to some views, the term "Mishlo’ah Manot" indicates that the package must be delivered, and not brought personally. Although Halacha does not follow this opinion, one should send at least one food package through a messenger.
These measures apply only on the level of Humra (stringency), and are not required according to the strict Halacha. Nevertheless, it is proper to send at least one package that meets all these specifications, in order to ensure to properly fulfill this Misva according to all opinions.
Summary: It is proper on Purim to send at least one Mishlo’ah Manot package that satisfies all opinions. Thus, it should consist of two respectable, solid food items contained in separate utensils, both delivered together by a messenger.
