Rav Yehuda Hachasid was born in Speyer in 1150 and died in Regensburg in 1217. He was one of the main teachers of the Chassidei Ashkenaz and received much of his knowledge from his father Rav Shmuel Hachasid.[1]

It is generally accepted that the person who wrote the will was Horav Yehuda Hachasid Shapiro, who was the author of the Sefer Chassidim. He was also a talmid of one of the authors of Tosfas, and was the Rebbe of the Maharam M’Ruttenberg who was the Rebbe of the Rosh and the Mordechai.[2] Some say all the items in the will were written throughruach hakodesh.[3] Some seforim write that none of the Neviyim came to the level of Rav Yehuda Hachasid.[4] Many people are very careful with all the items listed in the will.[5]Some say one who is not careful with the items in the tzavah will have to give a din and cheshbon.[6] The reason why the will is generally not really brought in Shulchan Aruchis because the dangers mentioned in the Shulchan Aruch and Gemorah are real dangers, while the items in the will are not real dangers, but things which one must distance himself from.[7]

Who is the Will for?

Many poskim say the will is meant for all of klal yisroel and does not only apply to Rav Yehuda Hachasid’s descendants,[8] while other poskim say that the will was only meant for his descendants.[9] L’maseh, one should adhere to the will even if he is not a descendant, unless a specific item in the will says it only applies to his descendants.[10]

Mitzvah

If one is doing an action for a mitzvah and the will of Rav Yehuda Hachasid says not to do it because of danger then one should not do the action. In this situation we do not say that the merit of the mitzvah will protect one from harm.[11]

Closing Up Windows and Doors

Rav Yehuda Hachasid maintains that one should not completely close up the opening of a window (or door) so that the sheidim should be able to go out. One is permitted to close up a window if he makes a little hole in the wall covering the opening.[12] The inyun is only if one is completely closing the opening with building material, and one is permitted to fill the hole with soft and non-permanent material.[13] This inyun also applies to a shul.[14] Once a hole is made in the covering it can be covered on both sides.[15] Alternatively, one may place a piece of furniture in front of the hole to cover it.[16]

Some say the inyun only applies if one removed the molding and side posts of the window (or door), and if these items were not removed then closing up the window is permitted.[17]

Based on this inyun, some are of the opinion one should not change the location of the windows in his house.[18] One who buys a house from a goy does not have to go around the house checking for windows which were closed up.[19]

A window which is never opened may be closed up and there is no concern of danger.[20]

It is permitted to close up a window if one will open another window within four amos of the original window’s location.[21] Others are not sure if this helps.[22] If there are two windows next to each other, one may close up one of them, since the sheidim will be able to exit from the second window.[23]

One who has an open porch with windows is permitted to covert it into an indoor porch.[24]

Moving an Oven

One is not allowed to remove an oven from its place since doing so is putting himself in danger.[25] The reason is because sheidim are underneath an oven and when one moves the oven one is starting up with the sheidim.[26] This item in the will is brought down by many poskim and one should adhere to it.[27] Some say an oven may be moved if one did not cook on it for a while.[28] It would seem that one may move an oven to fix it.[29] This inyun does not apply to radiators which are built into the wall.[30] Some say if an oven was only used for cooking (and not baking) then one may be lenient.[31] Some suggest one who has to move an oven should sell it to a goy, and then buy it back from him after it is moved.[32] There is an opinion in the poskim that says the whole concern of moving an oven applies if one will sleep in the empty space where the oven used to be.[33]

Many poskim say one may not even move an oven to use the space for a Yeshiva.[34]

One may remove an oven if he will put a different oven in its place.[35] Based on this one who is remolding a kitchen may remove the oven to replace it with another one. However, it would be forbidden to change the place of the oven in the kitchen.[36] If the entire inside of the house is demolished, it would seem that moving the oven to a different spot is permitted.[37]

Some poskim say one may move an oven if he removes an amah of ground from underneath it.[38] Others are lenient and say one is only required to remove a tefach of ground from underneath the oven.[39]

There are poskim who say the danger is only for the one who actually removes the oven, and there is no danger to the renter or owner of the house,[40] while others disagree with this.[41] In any case, since this involves danger, one who is not unsure if a particular case is included in this part of the will should consult a competent Rav.

Marrying Someone with the Same name as One’s Parent

One of the most famous items in Rav Yehuda Hachasid’s will is the inyun for a girl not to marry a boy who has the same name as her father, and a boy not to marry a girl who has the same name as his mother.[42] This item in the will is discussed at length by many poskim.[43] Many say the inyun not to marry a girl with the same name as one’s mother is more stringent than the inyun of a girl not marrying a boy with the same name as her father.[44]

The Reasons

One of the reasons for not marrying someone with the same name as one’s parent is because of kibud av v’eim. One whose spouse has the same name as a parent will not be able to call the spouse by first name in front of the parent since it would appear that the parent is being called by their first name.[45] Furthermore, one would not be able to name a child after one’s parents, since their spouse has the same name.[46] (Based on this reason, Sefardim can be lenient because they have the custom to name their children after living people).[47] One should not marry someone with the same name as a parent even if they agree not to use the name when calling each other.[48] Other poskim say the reason is because of ayin hara,[49] or other danger.[50]

The Opinions

There are a number of poskim who say this item in the will is only for Rav Yehuda Hachasid’s descendants, and no one else has to be concerned with this.[51] However, mostposkim say one should adhere to this item in the will,[52] and this is the minhag ha’olom. One who wants to go against this item in the will should speak with a talmid chachum.[53]

Changing Names

If one of the names are changed then the shidduch may continue.[54] It would seem there is no difference if the parent or child changes their name.[55] Some say the name only needs to be changed a little. For example, if both the mother and kallah are named Rivka, it would be enough for one of them to be called Rivkala.[56] According to someposkim if the Chosson is called “Rav” Yosef or the mother-in-law is called “Rabbonit” without being called by her first name, the inyun does not apply.[57]

Some say one who realizes the name of the boy she is going to get engaged to is the same as her father’s (or vice versa) should change a name to avoid the inyun before getting engaged.[58]

Three Identical Names

Some say the inyun only applies if Reuvain has a son-in-law whose name is Reuvain and his son-in-law’s daughter wants to marry a person whose name is Reuvain. [59] One should not rely on this heter as most poskim disagree with it.[60]

Multiple Names

A chosson who has two first names may marry a girl whose father matches one of them. For example, a chosson named Reuvain Yaakov could marry a girl whose father’s name is only Reuvain or only Yaakov.[61] The same applies where the chosson’s name matches one of the father-in-laws two names. The same concept would also apply to a kallahand her mother-in-law.[62] Although some poskim hold the person does not have to be called by both names, [63] the custom is that the person has to be called by both names.[64]

Nicknames

The Chazzon Ish says the inyun only applies to the name one is actually called by, and not the name given at the bris etc.[65] Therefore the inyun may not apply to a chossonwho has the same name as his prospective father-in-law but is called by a nickname. For example, two people can have the name Moshe, if one is called Moses or Mark.[66]

Name Added because of Sickness

There is no concern with this if one has the same name as his father-in-law because a second name was added (Rafuel, Chaim etc.) when he was sick.[67]

A Forgotten Name

One whose name was forgotten to the extent that no one calls him by that name may get married to a person whose father is called by the forgotten name that he has.[68]

Leniencies

Although there are some poskim who are lenient with this item on the will if the chosson is a talmid chachum,[69] the minhag is to be stringent.[70]

Some poskim say one can be lenient if the chosson and kallah do not live in the same city as the parent having the identical name.[71]

Some poskim say one can be lenient if the chosson has the same name as a father-in-law who is not living,[72] while others are stringent.[73]

Older Than Twenty Years Old

In a situation where one party is older than twenty years old and can not find a different shidduch, one may go ahead with the shidduch, even if one of the parents have the same name.[74]

If the In-law is Mochel

Some say if the prospective in-law is mochel the fact that the boy (or girl) has the same name, then one does not have to worry about it.[75] However, this should not be relied upon for halacha l’maseh since it is not brought down by most poskim.[76]

After the Engagement

If after the engagement it was discovered that the name of the chosson or kallah is in conflict with Rav Yehuda Hachasid, the shidduch should not be broken off. Some say one should add a name in this situation.[77]

Second Marriage

According to some poskim one who is getting married for the second time may be lenient with this inyun.[78]

Unaware of Inyun

According to some poskim, one who knows of a shidduch where the people involved are not aware of this item of the will should inform the girl and boy of the inyun,[79]while others say there is no need to do so.[80]

Removing a Mezuzah from One’s House

When moving out of a house, one may not take the mezuzahs with him because doing so is a danger.[81] The Gemorah[82] brings the story of a person who removed hismezuzahs and ended up burying his wife and two children. The reason for this inyun is because when a house does not have a mezuzah mazikim come to the house.[83] Theposkim say one who is renting a house to or from a goy should remove the mezuzahs from his apartment[84] since the goy may treat the mezuzahs with disrespect.[85] One may take off the mezuzahs even before the goyish tenant or landlord comes to the house.[86] Accordingly, one who moves out of an apartment in a city house project may remove the mezuzahs.[87] Some poskim say even if the mezuzahs are needed in another house they may not be taken off. One who will not be able to find any other mezuzahs can be lenient and remove the mezuzahs.[88] Even if the new tenant will bring other mezuzahs, one may still not remove his mezuzahs before leaving.[89] One may not tell a young child or a goy to remove any mezuzah that he himself is not allowed to remove.[90] One may remove the mezuzahs if the house will remain vacant.[91] If the apartment will be painted before the next tenant, one may remove the mezuzahs before he leaves.[92]

Some say one who takes his mezuzahs to be checked should make sure to put other mezuzahs up temporarily.[93] Others say it is not necessary to do so if some doorposts have mezuzahs on them.[94]

There is an opinion in the poskim that says if the person who moved into the house removed the mezuzahs then one may take them back from him.[95] Some poskim say one may remove the mezuzahs to replace them with other ones.[96]

One who rents his home to a person who is mechalel Shabbos should leave the mezuzahs on because even such people tend to treat the mezuzahs with great respect.[97]However, if one knows the mezuzahs will not be treated properly, the mezuzahs should be removed.[98] If the owner is someone (even a Yid) who will not take care of themezuzahs one may remove them when he leaves.[99] The same din would apply if the owner is an apikores.[100]

One who rents a bungalow in a bungalow colony which is owned by a goy should remove the mezuzahs when he leaves for the winter. One who has a privately owned bungalow or rents in a bungalow colony owned by a yid should not remove the mezuzahs even though the bungalow will stay vacant until the following summer.[101] If there is a chance of vandalism, one may remove the mezuzahs at the end of the summer.[102] This din does not apply to a summer camp, since the camp is generally owned or run by one person or organization it is considered a permanent residence, and the mezuzahs should not be removed.[103]

A house which will be knocked down may (and should) have its mezuzahs removed.[104]

in depth.