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# 3147 Unwritten Rules do Rule
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Q. A person who learns in a Kollel where they have certain rules which he wasn't aware of, such as that you have to say the late rabbi's name before learning and no breaks allowed and if one arrives ten minutes late they take off $2.50. Does he need to give back any money from what he received or just be careful to follow the rules in the future?
Also when they say no sichos chullin or taking phone calls, does that mean to try to the best of one's ability or it is literally assur? If one did not adhere to their rules perfectly, what should he do?
A. Horav Shlomo Miller's Shlit'a opinion is that if you did not keep the established rules. even if you were not aware of them, you are liable to the fines involved.
As far as the scope and inclusion of any other rules, you should consult with the Rosh Hakollel or the person in charge.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a
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Posted 4/27/2021 2:36 PM |
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# 3146 A Word on a Word
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Q. A friend offered to buy my house. We had a verbal agreement but the complete details were not put into the offer to purchase and I felt pressured to agree to a lower price than the market price and a closing date which is artificial since I don't actually have anywhere to go.
Not realizing that it is Sefira, I said we could meet on Sunday to finalize the deal. I have since found out that the market price is higher than offered and that one is not supposed to purchase a home during this period of time.
Do I have to agree to this?
A. Horav Shlomo Miller's Shlit'a opinion is that although one should always keep his word, if you did not sign anything or made any Kinyan or act of acquisition, in principle you are not obliged to keep a verbal agreement in case of need, as it is also not binding legally following the Laws of the Land.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a
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Posted 4/27/2021 2:27 PM |
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# 3145 First Matza on the Second Pesach
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Q. When is the correct time for eating matza this year, Monday day (Pesach Sheni) or Monday night?
Thank you
A. On question 160 we wrote: "There are different traditions in regards to eating matza on Pesach Sheini, or the “second Pesach” given to those who were unable to bring the first sacrifice of Pesach.
There are those who eat matza at the time the korban would have been brought, which is in the afternoon of the fourteenth of Iyar, (Sunday this year – Avnei Nezer as quoted in Klei Chemda, Vaetchanan). This seems to be the prevalent costume according to Nitey Gavriel (Peasch 3,57)
Others (Dvar Yehoshua 4,5 et. al.) maintain that the proper time would be at night (Sunday night this year) as that would have been the time for consuming the korban, in the days of the Bais Hamikdosh.
Some ingest the matza at both occasions (Mikdash Yisroel, Shavuos p.141, mentions that this is the minhag of many Chasidim).
S’fas Emes, (Pesachim 89) offers a novel opinion; namely that the korban of Pesach Sheini, unlike the first, could be eaten also during the day.
And finally, there are the many who do not keep this minhag at all (Most S’fardim, Hagra in Maase Rav 181, and Lithuanian Jewry according to Rib’bos Ephraim 2,129).
Horav Shlomo Miller’s Shlit’a opinion is that one should maintain his own minhogim and traditions.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 4/26/2021 5:55 PM |
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# 3145 Every Day Counts?
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Q. Re- regarding the question 3143 above on one undergoing an operation during sefira that will make him miss a day. Should he on the next day count also the day before that he missed?
A. The response depends on the time of the day when he is already able to count. It it is still day, only according to some opinions, he should count without a brocho. Then continue counting with a brocho. The same would apply to Erev Shabbos even after he accepted Shabbos and davened Maariv, if it is still before sunset. (Shaarei Teshuva 483: 4, Igros Moshe 4: 99).
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a
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Posted 4/25/2021 5:54 PM |
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# 3144 Counting on One's Bad Memory
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Q. Re- question (3143) above regarding someone undergoing major surgery during Sefira that likely won't be able to count at least one day of Sefira.
How about someone that because of his bad memory hasn't yet in his life completed Sefira. Should he count with a brocho?
A. On a similar shaila in our Responsa Minchas Aviv (p. 70) regarding a middle aged salesman who constantly travels and was never able to count a complete Sefira, we wrote that following the opinions mentioned above and adding that since at the present time he is aware and does remember Sefira, on mitzvos that depend on knowledge, there is a 'chazaka' that he likely will continue to remember, if he sets his mind to do so.
On question 784, regarding someone‘ sentenced to death during sefira, if he can count with a bracha, we wrote: "Chida (Avodas Hakodesh 7: 217) and others maintain that if one omitted counting one day of sefira, retroactively all the brochos recited would be considered in vain Accordingly it would befit that someone who knows that he won't be able to finish the Sefira, or will miss one day due to surgery or similar irrepressible situation, should listen to someone else's brocho. However most Poskim disagree with the notion that the blessings would become retroactively a brocho levatala, since at that time he was still counting properly. Therefore one can recite the brocho of sefira until the day he misses. (Kinas Sofrim, Piskey Teshuvos 489: 22, Mekadesh Yisroel – Sefira 27, Minchas Oviv et. al.)"
However, in our days this shaila is already obsolete, since practically everyone has a cell phone or computing device and can be remembered daily to count Sefira several times a day. On Shabbos he can ask others to remind him, or place signs in his abode.
Horav Shlomo Miller's Shlit'a opinion is similar.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a
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Posted 4/25/2021 5:46 PM |
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# 3143 Bless Hashem for Being Able to Count
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Q. Someone who has to undergo a major medical operation during Sefira and likely won't be able to count at least one day of Sefira, therefore, he will not comply with Temimot requisite. Should he still count with a brocho until he undergoes the operation?
A. On a similar question 783 regarding a very ill patient who the doctors say could go into coma soon and is not expected to remain alive more than a week if he can he still count sefira with a bracha, we wrote "Poskim rule that he can count even if it is likely that he may chas vesholom not be alive at the end of the sefira since he did as much as he was able to do in his condition. (Yad Yitzchok 2: 48: 2, Betzel Hachochmo 5: 45, Rav Poalim 3: 32, Kinyan Torah 5: 45). Others add that it is not in the hands of the physicians to determine the end of a human life; that is only Hashem's prerogative.
Moreover, not counting with a brocho anymore may have a detrimental effect on his morale, assuming that he will to live. That may indeed shorten his life. (Mekadesh Yisroel – Sefira 28)"
Poskim disagree when one misses counting one day of Sefira if retroactively all the blessings one recited are considered to be Levatalah or in vain. Chida in Avodas Hakodesh (7: 217), maintains they are.
However, most Poskim as mentioned, assert that although he did not comply with the essential condition of the weeks being Temimos or complete, the brochos are not in vain. They permit reciting until the day he wont be able to do so anymore.
Horav Shlomo Miller's Shlit”a opinion is similar.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a
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Posted 4/25/2021 5:36 PM |
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# 3142 Put them to Good Use
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Q. Can we place on the geniza sefarim that are still usable but they are not used in our shul, since we have received lately better ones, (better print and condition, also more mefarshim), besides we need the place.
A. Chelkas Yaakov (1: 40) rules that if they can still be used it is not correct to send them to a Geniza. Rather they should be donated to an institution or to people who can use them. At least they should be kept in a side room or other storage area until that use is found.
Shevet Halevy (3: 15) rules that the above applies even if part of the pages are torn. since they can be fixed.
The above applies only to Seforim that have no mistakes or errors. (Piskei Teshuvos 154: 14).
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a
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Posted 4/22/2021 10:56 PM |
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# 3141 Be Grateful for Small Blessings
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Q. If one ate a full meal that included an appetizer, soup, main dish and dessert. Then recited Birchat Hamazon, but didn't realize that the bread he ate was rice bread, did he comply with the Birchat Hamazon he said?
A. Shulchan Aruch (O.H. 208: 17) rules that Birchas Hamazon does not cover foods that their blessing is 'Al Hamichiya'. See also Mishna Berura (197: 16) that it also does not cover food that their first blessing is Shehakol and he has to recite the brocho of Bore Nefoshos.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a
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Posted 4/22/2021 10:46 PM |
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# 3140 Getting Our Act Together
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Q. On question 3119 you mentioned It would stand to reason that it is better to count Sefira after a Zoom shiur since Poskim write that on the onset it is better to count Sefiras Haomer together with a Tzibur and Rov Am or congregation. And although a Zoom group does not create a minyan and one does not even have to answer amen to a brocho recited by that media, for some purposes such as a Seudas Mitzva and a siyum it is effective. Besides Horav Aharon Miller's Shlit'a opinion is that it can have the effect of davening at home without a minyan, but at the same time that others are also davening which is preferred.
I just don't understand, if this Zoom group dose not constitute a minyan, why would it be considered as davening at the same time of a minyan? If ten people daven separately at their home, should I daven with them also?
A. Horav Aharon's Shlit'a opinion is that although there are not united in one location, it is still an "Eis Rotzon" or a favorable time, since after all 'Rov Am' or many are doing the mitzva at that same time.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller, Horav Dovid Pam and Horav Aharon Miller Shlit'a
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Posted 4/22/2021 10:36 PM |
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# 3139 At the Earliest Convenience
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Q. What is Horav Miller opinion as the earliest time to count sefira? taking into account that if they don't count in shul, some will likely forget.
A. Horav Aharon Miller Shlit'a informed us that Horav Shlomo Miller's Shlit'a opinion is (the Rov is out of town), that in need one may recite sefira (in Toronto at the beginning of Sefira) forty minutes after the Shekia (and on great need even thirty five minutes)
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a
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Posted 4/22/2021 10:14 PM |
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# 3138 Forgivness For Coming Late
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Q. On question 3114 you mentioned that the Shira when properly said and with the true joy of someone having just crossed the sea and saved his own life and the life of his dear ones, the Shira gains forgiveness for all the sins committed, as Mishna Berurah (51: 17) quotes from the Zohar. And since women also sang the Shira as mentioned in Parshas Beshalach, it is reasonable that they are included in the same principle.
Should a man who came late to davening and omitted the Shira to be able to daven with the minyan, say the shira after davening with great simcha as women should do?
A. Shulchan Aruch (O.H. 52) rules that one who missed Pesukei Dezimra before the Amida should recite them after. It is reasonable that he has to recite the Shira in a way similar to before.
Horav Shlomo Miller's Shlit'a opinion is similar.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a
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Posted 4/22/2021 10:07 PM |
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# 3137 An Extended Blessing
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Q. How long after the birth of the baby girl can the mother still say Shehecheyanu? (See question 3133).
A. Mishna Berura (223: 3) quoting P'ri Megodim maintains one can recite the brocho as long as she feels the novelty. Teshuvos Vehanhogos (1: 200) explains that it is as long as the parents engage in telling relatives and friends the good news.
However, Mor Uketzia (224) asserts that it should not be recited after three days,
Horav Shlomo Miller's Shlit'a opinion is that it can be recited for even thirty days after the birth.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a
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Posted 4/22/2021 9:56 PM |
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# 3136 Saving Who's Life?
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Q. If an elder patient waiting for a life saving organ transplant is given a date, but he knows a young yeshiva bochur who needs the same transplant, can he offer his place in the list? (he will only be removed one or two places).
A. To answer correctly this question more detailed information is needed. Such as the degree of danger to the life of both patients, the amount of time that would be added to the wait for the first recipient etc.
In principle we rule that 'Ones life preempts the life of others' (Bava Metzia 62a). However, up to a certain degree one is permitted to risk his life to save others.
Since all cases are different, and they are many crucial and variable details to every situation, Horav Shlomo Miller's Shlit'a opinion is that questions on specific cases, should be answered by competent Rabbinical and Medical authorities, working together and familiar with the details of the case.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a
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Posted 4/19/2021 2:49 PM |
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# 3135 Hartzige Music During Sefira
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Q. What does the Rav hold regarding listening to Hartzige music "nigunei neshama" during sefira?
A. On question 1313 we wrote: See questions1305 and 1312 above in regards to what kind of music is permitted during Sefira.
Although, Oz Nidberu (8: 58), Shevet Halevi (8: 127), Tzitz Eliezer (15: 33) and others prohibit listening to taped vocal singing even without instrumental accompaniment, many Poskim permit just plain singing songs of praise, thanks and dveikus to Hashem even on a seudas mereius (a meal gathering of friends) when no dancing is involved. (Aruch Hashulchan 493: 2, Shulchan Aruch Horav ibid :1. See Igrois Moishe E.H. 1: 98, in regards to occasions of intense joy).
A single individual singing to himself when learning or davening etc,. is plainly permitted (Piskei Teshuvos 493: 4, Nitei Gavriel – Bein Hametzorim 15: 11). Still, Leket Yoisher quotes, that his rebbi, the Terumas Hadeshen, would not sing at all during Sefira days. Yosef Ometz (p. 128) mentions that this was also the tradition of the kehila of Frankfurt-Am-Main.
Horav Shlomo Miller's Shlit'a opinion is that as long as the tunes are sober and not over-joyous, the benefit, healing and well-being created by singing to the stroke patients and paralyzed individuals, preempts and supersedes all the above issues, even during the Nine Days, since the songs are not for joyfulness they are not prohibited.
The Rov maintains that the chessed done to others in distress and in pain, is the greatest segula and source of brocho and hatzlocho
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Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a
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Posted 4/19/2021 2:37 PM |
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# 3134 If the Shoe Fits Bless It
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Q. If someone bought some expensive shoes for Pesach that he usually makes sheheyanu on them, but did not use them then. Can he wear them on Shabbos after Pesach and say the brocho?
A. See question above regarding reciting Shehecheyanu when a baby girl is born during Sefiras Haomer.
On question 539 regarding a new suit bought before Pesach but not used then, since it was only shatnez tested after Pesach. If one can wear it for Shabbos during sefira and say Shehecheyanu, we wrote: Mishna Berura (493: 2) and Kaf Hachaim (ibid.) rule that if someone came across an item on which normally we recite shehecheyanu, he should recite so during sefira.
Other Poiskim however, mention different minhogim and opinions, and maintain that the common tradition is not to recite this brocho; some recommend doing so on Shabbos (Leket Hayosher p.97, Dover Meshorim 26.)
Horav Shlomo Miller’s Shlit”a opinion is that definitely on Shabbos he is permitted to wear the suit and recite Shehecheyanu. (See also question 2269)
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a
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Posted 4/19/2021 2:28 PM |
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# 3133 A Blessing Happy Mother
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Q. Does the mother say Shecheyanu on the birth of her daughter? Does she say it also during the days of Sefira?
A. Mishna Berura (223: 2) maintains that the father and the mother, when they actually see the newborn daughter should recite Shechecheyanu. Other Poskim rule similarly (Orchos Rabbeinu 1: p. 92, Tzitz Eliezer 13: 20: Piskei Teshuvos 223: 1). And as in the prior question the mother can recite the brocho during Sefira.
Rabbi A. Bartfeld as advised by Horav Aharon Miller Shlit'a
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Posted 4/19/2021 2:14 PM |
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# 3132 Sefira Baby Blessings
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Q. If someone had a baby girl during the mourning weeks of Sefiras Haomer, should he recite the brocho of Shehecheyanu?
A. Poskim disagree if there is a source or reason at all, to avoid reciting Shehecheyanu during the weeks of Sefira, some maintain there is not. (Levushei Mordechai 153, Likutei Mahariach, Keren Ledovid 119 and others).
Others maintain there is and should be avoided. (Eliahu Zuta 493, quoting Rabbenu Yerucham, and others).
Mishna Berura (493: 2) quotes Ma'amar Mordechai that although our tradition is to avoid reciting Shehecheyanu during the weeks of Sefira, when one does encounter such an occasion, one may recite this brocho. Kovetz Halochos (8: 5) rules similarly.
Some maintain, that when possible one should wait until Shabbos (Leket Yosher p.97, Dover Meshorim 26. and others). The above may not apply to the brocho of Shehecheyanu recited for a new born, since it has a time limit. (See next questions).
Rabbi A. Bartfeld as advised by Horav Aharon Miller Shlit'a
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Posted 4/19/2021 2:09 PM |
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# 3131 Adding or Subtracting?
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Q. On above question 3130: The Taalesim also had the unusual condition of having the small added corner patches on both sides of the cloth. Is that correct?
A. It stands to reason that since now on this particular Taalis one cannot tell which side is facing front or back as you can with regular taalesim, and you may end with constantly changing the Tzitzis of the right side to the left, which is incorrect, as we learn from the beams of the Mishkan, that were marked to maintain there usual place and order.
Therefore a mark should be placed to indicate the front from the back of the Taalis Kotton.
Horav Aharon Miller's Shlit'a opinion is similar.
Rabbi A. Bartfeld as advised by Horav Aharon Miller Shlit'a
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Posted 4/18/2021 5:31 PM |
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# 3130 Make Whole the Hole
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Q. I received from Eretz Yisroel some Taalesim Ketanim that I requested. But they had the Tzitzis installed following the minhag of two adjacent openings and the tzitzis hanging in the front only. Since that is not my minhag and I'm unable to return them, I decided to remove the threads, and reinstall them following my tradition of only using one hole. Which of the two should I use?
A. Horav Aharon Miller's Shlit'a opinion is that in principle it does not matter. However, one should measure the distances, since one may be more correct in Halacha than the other.
Horav Yaakov Hirschman Shlit'a recommended that he should use the same (closer or further) opening for all four corners.
Others suggested to convert if possible the two adjacent openings into a single one.
Rabbi A. Bartfeld as advised by Horav Aharon Miller Shlit'a
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Posted 4/14/2021 10:30 AM |
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# 3129 The Bottom of the Food Chain?
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Q. Should not all medical pills be permitted during Pesach or when from an non-kosher source during the whole year, since they are after all a non edible food that even dogs would not eat?
A. Indeed Poskim do mention that reason as a heter or permission even for the sick who are not in life danger (Minchas Shlomo 1: 17, Shemiras Shabbos K. (19: 33) quotes R.S.Z. Auerbach zt'l that this may apply even to sweet quoted pills. However, Har Tzvi Y.D. 97, and others debate the issue.
Other Poskim maintain that one should be stringent, since after all if one is eating them, it becomes a case of 'Achshevei' or one considers and turns them into food.
Rabbi A. Bartfeld as advised by Horav Aharon Miller Shlit'a
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Posted 4/13/2021 9:52 PM |
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Important Numbers
