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Have a question? Send it in! Questions are answered by Rabbi Bartfeld.
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# 2942 A Light Touch
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Q. If someone forgot to kindle a Yohrzait candle on that day for a father or mother, what is the correct thing to do. Should one light two candles when he/she remembers? What happens if someone just remembered in the Yohrzait morning, is lighting for part of the day enough?
A. If one forgot to kindle a Yorzait candle on that day for a father or mother, Yehuda Yaale (Y.D. 315) rules that he should donate the value of the light for tzedaka.
Horav Shlomo Miller's Shlit'a opinion is that he should light a candle the day he remembers. Lighting the candle in the morning is also after the fact acceptable.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a
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Posted 11/26/2020 10:25 PM |
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# 2941 Testing the Tester
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Q. In reference to one of your recent teshuvos, I, an insulin user, requires a constant monitoring of my blood glucose level. Until now I was doing it by extracting blood samples, which you wrote, is a severe shailah on Shabbos of an Issur Deuraisso. I changed to using a sensor that is attached to my arm and connected directly to a blood vessel, and when placed next to an electronic reader gives the required reading. Two questions in regard to this attachment. Can I wear it on the street on Shabbos, if there is no eruv and do I have to take it off to go to the mikva?
A. Horav Shlomo Miller's Shlit'a opinion is that as far as carrying the embedded on the flesh sensor is concerned, it is permitted to wear it during Shabbos, since it is well attached and one will not take it off when being in the street.
However, as far as a woman wearing it when immersing in the mikva is concerned, the Rov's opinion is that it constitutes a chatzitza or interposition between the body and the mikva waters and should therefore be removed before tevila. Normally these battery operated embedded sensors last about two weeks, and their replacement could be programmed to coincide with the immersion.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a
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Posted 11/26/2020 10:23 PM |
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# 2940 Hold Your Peace
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Q. See question (2939) above. Dear Rabbi, thank you for your prompt answer to our Beis Din shailah. Horav Miller's permission to demand a lie detector test, did have great consequence on our case, since even refusing to take the test, does look very suspicious for the defendant. Then, surprisingly the case took an unusual turn. Before the defendant conceded and offered to pay the very significant sum that he owed, the plaintiff, who has been his partner on other very profitable businesses for many years and very likely desires to continue, offered a practical solution. Since these two litigants who are very wealthy, are big time donors to many institutions, the plaintiff offered that both parties should donate the moneys contested to a Hospital to which both are significant donors (and can claim evenly the tax credit).
What our Beis Din would like to know, at this point, when it is clear to all that the defendant was untruthful and guilty, should the Beis Din agree to this pesharah (mutual settlement) that although it maintains sholom between the parties, does not follow the truth of the case, or rather give a psak that sticks to the facts and the emes of the din. What is the correct thing for the Beis Din to do?
A. Horav Shlomo Miller's Shlit'a opinion is that although the truth may now seem obvious to the Beis Din and both parties, since both parties agree to a pshara in order to avoid the public embarrassment for the defendant if declared guilty, and also to maintain sholom and good relations between both parties including their families and friends, the best option for the Beis Din is to declare that a p'shara settlement was accepted as the ruling of the Beis Din.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a
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Posted 11/23/2020 10:19 PM |
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# 2939 The Truth Be Told
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Q. If a Beis Din strongly suspects that the defendant in a very significant monetary litigation is not telling the truth, but they can't prove it, can they demand that the parties should be subjected to a lie detector test?
A. Horav Shlomo Miller's Shlit'a opinion is that it is preferable that the Beis Din demands that defendant should take an oath or shevuas chesses, (an oath enacted to discourage defendants from denying claims that lack sufficient evidence. Shevuos 40b - Shulchan Aruch, C. M. 87:1).
If that is not a good option as the defendant who is not religious, may be suspected of making a false oath or not caring if others do so in his name, the Beis Din may demand a lie detector test.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a
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Posted 11/22/2020 9:54 PM |
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# 2938 A Fast Accident Waiting to Happen
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Q. Someone took off his tefilin on Rosh Chodesh before Musaf in a hurry and placed them without their cover on a slanted shtender next to him. Then someone else walked by and not expecting that tefilin would be placed there and like that, by accident his talis hooked on them and they fell on the floor. Who is liable to fast?
A. Horav Shlomo Miller's Shlit'a opinion is that the one who actually caused the tefilin to fall is more responsible and should therefore fast. while the one who placed them there, can redeem his fast by donating for tzedaka,
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a
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Posted 11/19/2020 11:07 PM |
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# 2937 Pressed The Right Button?
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Q. I read on a pamphlet published by Bikur cholim, that when during Shabbos one visits a patient on a high floor of an hospital, for the needs of the patient, when no other option is available one may ask a non-Jew directly to press the button on the elevator for the desired floor. Is that acceptable?
A. Horav Shlomo Miller's Shlit'a opinion is that if indeed the needs of the patient to be visited are great and a significant relief will be attained by the visit, one may be lenient.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a
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Posted 11/19/2020 10:54 PM |
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# 2936 Looking Under The Hood
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Q. I heard that Rav Shlomo Shlit'a does not permit wearing on Shabbos a raincoat with a hood, unless one is covering his head or hat with the hood. If left uncovered and there is no eruv, one would be liable for carrying on Shabbos . Is that true?
A. Poskim maintain that parts of a cloth that are permanently attached to it, or are attached to it in a way that it is not usually removed from it, one can carry them where there is no eruv, since they are considered part of the clothing.
Included in the above is the hood of a raincoat. (Oz Nidbaru 4:38; Piskei Teshuvos 301:31 footnotes 210 through 211, and others).
Horav Shlomo Miller's Shlit'a opinion is that if the hood is outside of the pocket of the raincoat, it is permitted to carry it, but not when it is stored inside of the pocket.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a
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Posted 11/19/2020 10:44 PM |
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# 2935 All For One or One For All?
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Q. If there is a number of sons and daughters of a deceased father
living together, does each one have to light a separate candle on the
day of the Yohrzait, or is it enough with one?
A.
Kol
Bo (p. 398), quoting Moed Lechol Chai (p. 34), mentions that in
principle one light for all children would be sufficient. However he
adds that when possible it is preferable that each child should light
their own light to honor their father.
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 11/19/2020 10:40 PM |
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# 2934 Do The Honors
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Q. When the Torah reading is concluded, we put the Sefer Torah in a temporary box. When Shacharis is over, the Sefer Torah is transported by foot to another place to be stored securely. The shul has only one entrance/exit. It is clear from the Shulchan Aruch that those who want to leave the shul are obligated to accompany the Sefer to its secure location. Is everyone obligated to leave the shul to accompany the Sefer, or is this only obligatory for those who want to leave the shul, meaning that it is permitted to stay in shul if one wishes to do so.
A. Shulchan Aruch (O.H. 149: 1) rules that if the Sefer Torah is kept in a different house and there is only one door, they have to wait and follow and accompany the Sefer until the place where it is kept. However, if there are two doors, they may exit on the second one earlier, yet they still have to wait and accompany the Sefer until it reaches its final resting place.
Horav Shlomo Miller's Shlit'a opinion is that on the onset when possible, everyone present in shul should follow the Sefer Torah to the place where it is being kept.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a
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Posted 11/19/2020 10:32 PM |
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# 2933 Interesting Interest
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Q. Someone borrowed a sefer, but kept it for a long time, then graciously to thank for the favor returns it with a bottle of wine as an act of thanks. Is that a question of ribbis or prohibited interest?
A. Poskim rule that if the borrowed item can decrease in value by being used (yesh lo p'chas), it is permitted to give special thanks or a gift when the item is returned. (Parshas Ribbis 12: 17, and others).
Horav Shlomo Miller's opinion is similar.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a
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Posted 11/19/2020 10:22 PM |
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# 2932 Shake Someone's Tree
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Q. Can a Cohen walk or stand underneath a tree branch by a cemetery, that is at that point less than a tefach (about 10 cm.)wide, if at the source of the branch, where it stands over a kever (grave), it is wider than a tefach?
A. Talmud (Nazir 54a) teaches that a Nazir should not walk or stand under "sechachos" which are hanging tree branches that also cover a corpse. Based on the above, Shulchan Aruch (Y.D. 369: 1) rules that a Cohen should not became contaminated by standing under a tree overhanging over a dead body, even if it is uncertain if there are branches that cover the corpse.
Shach and Taz (ibid.) explain that if the Cohen is certain that the tree he is under is not also covering the kever or the corpse, it would be permitted for him to be in its shade.
However, Horav Shlomo Miller's Shlit'a opinion is that, in your case it may be difficult to be objective with certainty as to the real size of the branch above and the wind moving other branches towards you, so it is better for a Cohen to stay away from any tree or branch of it, when it also covers a grave.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a
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Posted 11/19/2020 10:17 PM |
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# 2931 What Day Is It?
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Q. Kvod Harav. On question above you quoted Talmud Yoma. Is it not the right pronunciation of that Gemara "Yuma" as everyone calls it and not Yoma as you did?
A. The Targum's usual Aramaic translation of 'yom' or day is 'yoma,' (the vav spelled with a cholem and not with a shuruk. (Bereshis 6: 5, 39: 11, etc.). So is the English spelling of the Art Scroll and other translations.
Horav Shlomo Miller's opinion is that the correct title of the tractate is indeed Yoma and not as commonly named Yuma.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a
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Posted 11/19/2020 10:10 PM |
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# 2930 A Brunch of Olives?
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Q. The Gemara says (Horayos 13b) that one of the things that causes one to forget one's learning is one who is "Rogil" with olives.
Since I do not understand the way this works, I do not even know for sure how to formulate the question. Basically, I wish to know the parameters of this statement. A smattering of my doubts involve knowing:
1) Who would forget their learning? Anybody? Perhaps only someone who possessed a lot of learning.
2) What kind of olives? All types or only raw, cooked, pickled in salt, pickled in vinegar, baked, etc.
3) What is meant by Rogil? How often? How many? Does it make a difference in which climate one is? What time of the month, week or day? Does eating them on Shabbos cause this forgetting as well? At a Seudas Mitzvah? In the Sukkah? As Shirayim from a Rebbe?
4) Does it make a different if they are lightly chewed or well-chewed? Does it make a difference if they are eaten by themselves or with garlic or in something (e.g. cottage cheese)?
Could the Rav please define the parameters? It is very important to me. You see, they are a very healthy snack and I nosh on them when I'm learning and sleepy, and chewing helps keep me awake. But if I am going to forget what I'm learning anyway, maybe I need to find something else.
A. On question 452 and 2550 regarding the eating of olives, we wrote: “Talmud (Horayos 13b) teaches that five things cause forgetting the Torah one has learned; one of them is eating olives regularly.
Poiskim differ whether this is an actual prohibition (Divrei Malkiel 4: 1, Hisorerus Teshuvo 367, Lehoros Nossan 1: 59. See Piskey Teshuvos 170: 18) or if it is only good advice and a recommendation (Yabia Omer Y.D. 3: 8 :4, Sefer Hazikaron – Siach Hassode, introd.)
Many Poiskim opine that the Talmud is only referring to raw or fresh olives not the ones that have been pickled or salted (Mor Uk’tzio 170, Kaf Hachaim 157: 27 et. al.) Others maintain that adding olive oil (which is beneficial for memory) to the olives, removes their detrimental effect (Salmas Chaim 501), However, Sefer Hazikaron (11) disagrees. How much oil should be added? Halichos Shlomo (Tefiloh 2, note 103) mentions even a very small amount others disagree. Some suggest immersing them in olive oil (Shemiras Hanefesh, notes), others sustain that it does not help (Oisrei Laggefen p. 347)
What exactly qualifies as being “roggil” or regular is also in dispute. Sefer Hazikaron (p. 10) maintains that even eating olives once in thirty days meets the criteria, (as in Brochos 40a – on eating lentils). Others (Vein Lomo Michshol p. 345) argue that “roggil” is every day (as in Brochos 6b – on attending shul). Maim Chaim (O.H. 190) rules that even eating olives every day if the amounts are small, is not called being regular. There is also one opinion that asserts that only black olives can cause forgetting not the green ones (Toras Yaakov 3, quoting Avrohom Ezkor).
Finally, the Arizal (quoted in Kaf Ha’Chayim 24:43) writes that olives cause amei haaretz to forget, but if one eats them with the right kavanah or intention, on the contrary they help one to remember. We should intend ‘Kel Elokim Matzpatz’, which has the same Gematriya (417) as zayis, and this intention counters the forgetting power of olives
Horav Shlomo Miller’s Shlit”a opinion is that there is no prohibition on eating olives and “roggil” could be even less than thirty days.”
We can add to the above that Sefer Hazikaron (Siach Hassodeh 2: 11) quotes from Mogen Avrohom (170: 19), similarly to the above in the name of the Arizal. He mentions that all the Tanaim and Amoraim that consumed olives, did so with the right kavanah and intention, and therefore, on the contrary it helped them remember."
The Rov added that the above would definetly apply when eating a seudas mitzva.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a
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Posted 11/14/2020 7:21 PM |
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# 2929 Carry but don't Fetch
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Q. See questions (2926-28) above regarding a prosthetic electronic arm. Can one wear and carry that electrically disconnected arm or hand in the street, on Shabbat when there is no eruv?
A. Horav Shlomo Miller’s Shlit’a opinion is that if it was disconnected and is properly attached so it wont fall off and indeed it makes the carrier look normal, it is permitted.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a
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Posted 11/12/2020 10:29 PM |
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# 2928 At Arm's Length?
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Q. See questions (2926-27) above. Can one use that prosthetic electronic arm hand on Shabbat? What if it is not connected to the batteries?
A. On question 1221 regarding new technology that enables the totally invalid or paraplegic to drive a wheel chair only via their brain electrical waves. Electrodes connected to their head receive those waves and with some training, allow the invalid to control his thoughts and change his mind wave patterns. Those are interpreted by the wheel chair computer to start, stop and direct the movement of the chair. We wrote:
"Horav Shlomo Miller’s Shlit’a opinion is that a melacha or work performed on Shabbos by using only the electrical charges that emanate from ones controlled and willing thoughts, collected by electrodes attached to the head, is considered a proper melacha. However, for someone who does not usually use his thoughts for the creation of electrical discharges, it likely would be a melacha performed with a shinui or a significant deviation from the norm and therefore only Rabbinically prohibited. However, an invalid or paraplegic that uses this method to constantly move and perform other works, for him it becomes the norm and would constitute a Biblical prohibition."
Therefore, the use of that bionic arm and hand, regardless whether it is done directly, by using the electrical discharges provided by the nerves or the electrical waves provided by the brain, would not be permitted during Shabbos. However, if one turned off the arm before Shabbos, and just wants to use it as a covering or dressing to look like others, it would be permitted.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a
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Posted 11/12/2020 10:19 PM |
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# 2927 A Helping Hand
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Q. Following question above when using a prosthetic electronic right arm , how should one wash netilat yadaim for eating bread, when he is wearing the artificial very realistic looking hand?
A. Horav Shlomo Miller's Shlit'a opinion is that one should wash hands as one always does. Using first the right bionic hand and pouring water over the left hand. Then he may also pour water on his realistic looking plastic right hand, if others are watching and may not be aware that the hand is artificial. This would avoid suspicions that he did not wash netilas yodaim properly.
The Rov added that the right artificial hand can be used for donning tefilin on the other, as mentioned in the above question, washing hands, and similar, but not for holding a lulav and esrog, which should be maintained on the left real hand, to comply with the essential requirement of "Velokachtem Lochem - you should hold for yourselves," mentioned in that mitzva
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a
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Posted 11/12/2020 10:05 PM |
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# 2926 Give One's Right Arm
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Q. A close relative lost his right arm, from the elbow down, and was able to replace it with a prosthetic electronic arm. We have some important questions. Firstly, since he still has his complete right hand bicep, on which hand should he put on his tefilin?
A. Horav Shlomo Miller's Shlit'a opinion is that he should don tefilin as he did before the accident, on his left hand. He can put them on with a brocho using his new bionic prosthetic right hand and does not need someone else to do it for him.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a
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Posted 11/12/2020 9:58 PM |
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# 2925 Drop the Other Shoe?
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Q. On question 2924 above you mentioned that historically some Talmidei Hachamim because of their devotion to constantly learn Torah, would sleep shortly with their clothes and shoes on during weekdays. How did these great Tzadikim make the brachot in the morning of Malbish Arumim or Sheasa Li Kol Tzarki, which are supposed to be said when putting on clothes and shoes? How do we recite them on Shavuot morning when we spend the night learning Torah?
A. Minchagei Chassam Soffer (1: 44) indeed mentions that he would remove briefly in the morning his shoes and a kerchief from his neck, when he spent the night learning Torah, to be able to recite the above mentioned blessings.Chashukei Chemed (Yoma 78b) quotes the above as an added reason for not sleeping with shoes on. However, he adds that following the opinion of the Remah (O.H. 46: 8), as opposed to the Shulchan Aruch (ibid.), that one may recite all the morning blessings, even when one did not personally enjoy them, there would be no need to take off and put on again, some clothing or one's shoes, as the brochos are recited anyway for the benefit Hashem grants to all humankind. He mentions that the Chassam Soffer was likely stringent in order to comply with all opinions.
Mishna Berura (554: 31) follows the same reasoning regarding reciting 'Kol Tzorki" on Tisha Beav and Yom Kippur. This also seems to be the accepted minhag after being awake on Shavuos night.
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 11/12/2020 9:52 PM |
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# 2924 Sleep on This
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Q. The Gemara in Yoma says not to sleep with shoes. Does this apply when falling asleep on a train, or at one's shtender, or only in bed?
A. Indeed Talmud (Yoma 78b) quotes Shmuel's teaching; that one who wishes to experience the taste of death, should put on shoes and go to sleep. Minchas Bikurim (Tosefta Yoma 4: 1), Kaf Hachaim (Y.D. 116: 211) Salmas Chaim (2: 122), and others maintain that it is prohibited to sleep with shoes on because of the danger (according to some, of contamination) involved.
Rashash (Yoma ibid.) wonders on the Sefer Haterumos quoted by Beis Yosef (O.H. 316) and the Hagra (ibid. 6), who mention that Talmidei Chachamim, would sleep with their shoes on during the week.
Chashukei Chemed (Yoma ibid.) refers a similar shaila regarding a doctor who wants to catch a short sleep to refresh himself, when on hospital duty, and be ready for any emergency, he therefore keeps his shoes on, if that is proper. He maintains that if it is done for a short period of sleep, it is permitted, as is the case with the Talmidei Chchamim, who because of their devotion to Torah learning, would avoid sleeping in bed during weekdays.
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 11/11/2020 6:06 PM |
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# 2923 Too Sad For Words
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Q. We are not allowed to say sad news on Shabbos.
This past Shabbos, would it be permissible to tell a gabbai making a mishabayrach for Rav Dovid (Feinstein) zatzal not to do so? (The Posek Hador was niftar an hour before Shabbos and not everyone was aware of this.) Was it permissible for a Rav to mention in his drasha something about the petira, or should one avoid discussing it at all and distressing people who may not have heard of it?
Is there a chiluk if the people already know about the petira, or if it's news?
A. Taz (O.H. 307: 14) quotes Sefer Chasidim who prohibits reminding someone of a friend that perished. The reason is that one should not cause grief during Shabbos.
Horav Shlomo Miller's Shlit'a opinion is that it is best to avoid mentioning the sad news, even to stop an erroneous Mi Sheberach, as in our case.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a
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Posted 11/10/2020 12:14 PM |
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