Halacha for Wednesday 3 Kislev 5785 December 4 2024

Adopted/Foster Children

Raising an Orphan
Our Sages taught (Sanhedrin 19b), “One who raises an orphan in one’s home is considered by Hashem to have bore him,” as we find that the children born to Merav, daughter of Shaul, but raised by her sister, Michal, were called “children of Michal.”

In addition to the tremendous merit of raising a child and the endless kindness associated with this Mitzvah such that this child is considered one’s own, the child must likewise respect his adoptive/foster parents, for there no way to fathom the amount of appreciation he must have for the people that raised him.

A Child Who is Not an Orphan
Maran Rabbeinu Ovadia Yosef zt”l writes (in a response quoted by Yalkut Yosef- Avelut, Chapter 30, Section 24) that although our Sages refer to raising an “orphan,” this does not mean specifically an orphan; rather, any child who cannot be raised by his parents for whatever reason is considered an “orphan,” even though his parents are alive.

Maran zt”l proves this from the Gemara (Megillah 13a) regarding Moshe Rabbeinu, who was called the son of Batya, daughter of Pharaoh, although his parents were alive because of the decree against the Jewish nation, their inability to raise him, and the fact that Batya saved Moshe’s life and raised him. The same applies to any other child whose parents cannot raise him in that whoever raises him/her is considered to be their parent.

Maran zt”l writes that if a child recites Kaddish for a foster parent, this is as beneficial as when recited by a biological child.

Last Name/Surname
If a child was adopted at an early age and adding their adoptive/foster parents’ last name to his would cause satisfaction to the parents, it is appropriate for the child to take on their last name, as a sign of respect. Indeed, Maran Ha’Chida writes (in his Kikar La’Aden, Section Gimmel) that he heard from the elders of Jerusalem that Hagaon Harav Gavriel Esperanza (quoted by several great Acharonim) was orphaned of his father and mother in his youth and was raised by an important woman and hired teachers and tutors to teach him Tanach, Mishnah, and Talmud. This woman’s name was Esperanza (“Hope,” in Spanish). When he became a great Torah scholar, he adopted the last name Esperanza as an everlasting tribute to the woman who had done so much for him. Thus, one should definitely pay tribute to the people who benefitted one so much and brought one to the World to Come by adopting their last name as a show of thanks and appreciation.

8 Halachot Most Popular

The Laws of Hearing Parashat Zachor- A Special Sermon

“Remember What Amalek Has Done to You” On the Shabbat preceding Purim, which is this coming Shabbat, after the opening of the Ark immediately following Shacharit prayers, two Sifrei Torah are removed; in the first one, we read the weekly Parasha (which is Parashat Tetzaveh this year, 57......

Read Halacha

Parashat Ki Tissa - Shabbat Purim Meshulash 5785

From HaGaon Rav Zevadia HaCohen Shlit”a, The Head of the Batei Din in Tel Aviv (translated by our dear friend Rav Daniel Levy Shlit”a, Leeds UK) Explaining Why the Jewish People Were Punished so Harshly for Eating Non-Kosher Food at Achashverosh’s Feast This year, 5785, the ......

Read Halacha

Arriving Late to or Skipping Some Portions of the Megillah Reading

Every member of the Jewish nation is obligated to read the Megillah on the day of Purim. One must read it during the night and once again the next day, as the verse states, “My G-d, I call out to you during the day, and you do not answer; during the night I have no rest.” This verse is w......

Read Halacha

The Laws of Bowing During the Amida Prayer-Continued

In the previous Halacha we have discussed the basic laws of bowing during the Amida prayer, i.e. at the beginning and end of the “Magen Avraham” and “Modim” blessings. We have likewise explained the proper way to bow. Let us now discuss whether or not the custom that many hav......

Read Halacha


The Custom of the “Commemoration of the Half-Shekel”- The Seventh of Adar

In the beginning of Parashat Ki-Tisa, which we read again not long ago for Parashat Shekalim, the Torah commands the Jewish nation to donate a Half-Shekel during the times when the Bet Hamikdash stood. This Mitzvah was auspicious in that it protected the Jewish nation from all plague; indeed, the......

Read Halacha

Parashat Terumah and Parashat Shekalim

From HaGaon Rav Zevadia HaCohen Shlit”a, The Head of the Batei Din in Tel Aviv (translated by our dear friend Rav Daniel Levy Shlit”a, Leeds UK) Will We Be Like the Cherubs above the Ark of Testimony, Like Pure and Innocent Children, Or Like the Destructive Angels Guarding Gan Eden? ......

Read Halacha

The Laws of Concentration During the Amida Prayer - The Laws of Bowing During the Amida Prayer

Question: At what points of the Amida should one bow and what is the correct method of bowing? Answer: Our Sages that one should bow several times during the Amida prayer. The blessings during which one must bow within the Amida are as follows: At the beginning and end of the “Magen Avra......

Read Halacha

Parashat Mishpatim

From HaGaon Rav Zevadia HaCohen Shlit”a, The Head of the Batei Din in Tel Aviv (translated by our dear friend Rav Daniel Levy Shlit”a, Leeds UK) Reward and Punishment Isn’t Based Simply on the Act Itself but the Way the Act is Done Too. We Should Always Try to Prevail Upon Diff......

Read Halacha