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Have a question? Send it in! Questions are answered by Rabbi Bartfeld.
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# 2724 Value of the Deutsche Mark
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Q. Re- Questions (2722 - 2723) above If it is recommended to remove tattoos, does that apply also to the numbers that were tattooed by the Germans ym's?
A. Chashukei Chemed (Shabbos 105b) addresses this Shaila and asserts that even according to the opinions that there is a prohibition on maintaining a tattoo (See questions above), it only applies to the ones that were done forbiddingly and certainly not to the numbers tattooed of the concentration camp inmates. (Many would even carry them openly as a sign of honor in remembrance of the Kedoshim and what they went through, and as a sign of the eternal survival of Am Yisroel).
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit'a and Horav Aharon Miller Shlit'a.
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Posted 6/26/2020 12:40 PM |
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# 2723 Mind The Gap?
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Q. See question (2722) on tattoos above. Are they a chatzitza for the tevila of women.
A. On question 542 we wrote: "Poiskim rule that stains that have no substance to them, and they just present a superficial coloration of the skin, such as an iodine or a weak ballpoint stain, on the onset they should be removed when possible. (Har Tzvi Y.D. 163, Pische Zuta 198: 26, Shiurey Shavet Halevy 198: 17, Chut Shani 198: 23, Pischei Halocho 2: 296)
However in regards to tattoos, Horav Shlomo Miller’s Shlit’a opinion is that she is permitted to immerse without having them excised, since the stain is under the skin."
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit'a and Horav Aharon Miller Shlit'a
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Posted 6/26/2020 12:31 PM |
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# 2722 Question Mark II
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Q. Re- questions on tattoos,(2707 - 2708). Thanks so much for the information. A ger who had tattoos done in his early days before he converted, does he have to remove them now that he became Jewish? The same would apply to a baal teshuva? Is it better to remove them?
A. Minchas Chinuch (35) maintains that it is improper to maintain the tattoos as one transgresses on the prohibition of "following the ways of the nations."
Yesodei Yeshurun (39 Melochos) debates whether one who has a tattoo and does not remove it, may constantly transgress on the prohibition of kesubas k'aka'a.
Horav Shlomo Miller's Shlit'a opinion is that he is not obliged to remove them.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit'a and Horav Aharon Miller Shlit'a
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Posted 6/26/2020 12:20 PM |
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# 2721 Zoom In
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Q. If we do a siyum by Zoom and each person eats his own food with his family, is that considered a seudas mitzva?
A. On question 2621 we wrote regarding a siyum Erev Pesach, if it can it be done by phone, online or Zoom, we wrote: “On question 198 we mentioned: If you learned together (a tractate of the Talmud) with a group but now are on vacation somewhere else, can you join (the siyum fleishig banquet during the nine days) via telephone? We answered; Horav Shlomo Miller’s Shlit”a ruled that if you learned the whole tractate you can join the siyum via telephone. However, if you did not study, you cannot just dial - a- siyum. Similar opinions are to be found in other Poiskim (Mekadesh Yisroel, Pesach 256, et al.).
Likewise if one learned the Masechta to be finished and is on his way to the siyum he could join the siyum via telephone or online.”
In our singular situation when a very dangerous pandemic is raging the Rov’s opinion is that since there are grounds as is for people not fasting, one may join in need, a siyum on the phone or online."
Therefore, if every participant in the siyum, eats his own seuda with his family and friends, it is considered a seudas mitzva.
Rabbi A. Bartfeld as advised by Horav Shlomo and Horav Aharon Miller Shlit'a
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Posted 6/22/2020 12:21 PM |
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# 2720 A Clean Break
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Q. When we are davening on the backyards is there a concern with droppings of animals such as raccoons, cats, birds, etc.?
A. On question 2528 regarding davening when a litter box for cats and dogs is inside that family room, we wrote" Shulchan Aruch (O.H. 79: 4-5), rules that one may daven next to the waste matter produced by animals, if it does not produce a distressing or bothersome smell.
Some Poskim are stringent even when there is no smell, as long as the refuse is still fresh. However, Eishel Avrohom , Avnei Choshen (p.. 410) and others (See Piskei Teshuvos ibid.) maintain that the tradition is to be lenient.
Horav Shlomo Miller’s Shlit’a opinion is to be lenient when there is no smell. Cats usually cover their waste.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit'a and Horav Aharon Miller Shlit'a
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Posted 6/21/2020 5:51 PM |
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# 2719 A Blessing Wife
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Q. (Regarding questions 2693 and 2694, regarding if a wife can be motzi her husband with elokay neshomo and hamaavir sheino, during Shavuos morning, which are part of the birchos hashachar or morning blessings recited daily. This question and others, was revised by Horav Yaakov Felder Shlit'a, who commented the following;
The only one that I have a comment on is #8 (2693). Reb Shlomo changed his mind about a woman being motzi a man with birchas hashachar. Although originally he said that she could be motzi a man. However, subsequently he said she should not be motzi him. The issue revolves around whether women are mechuyavos (obliged) in birchas hashachar.
A. Mishna Berura (70: 2) deals with the issue if women are obliged to recite birchos hashachar or no, and debates that it may depend on the time given to recite those brochos and seems to lean that they can after the fact, be recited the whole day and are therefore not considered a time dependent mitzva. He also adds that it seems from Shulchan Aruch (46: 4) and clearly from the Levush, that women have to recite them just as men do. Mishna Berura adds that everyone agrees that women can bring on themselves the obligation to recite birchos hashachar.
Similarly, Aruch Hashulchan (70: 1) rules that they are obliged to recite birchos hashachar. So do Yechave Daas (4: 4), Halichos Vehalochos (9: 1), Vekone Lecha Chaver (8), Yalkut Yosef (Birchos Hashachar (46: 17), quoting the Geonim, Chinuch Kotton (p. 73), Halocho Beruro (46: 10), Noshim Behalacha (p. 11) and many others, although some disagree.
Since Horav Shlomo Miller Shlit'a is out of town, I consulted with his son Horav Aharon Shlit'a, and he told me that as far as he knows, his father did not change his mind. He consulted with his father and he maintains that on the onset it is better that someone else should be motzi him with the brochos, however in need, his wife can do it.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit'a and Horav Aharon Miller Shlit'a
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Posted 6/21/2020 5:48 PM |
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# 2718 Not The Longest Aliya
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Q. Now that we B'H can return to daven is shul, do we have to lein all the parshios we missed? If we do. can we divide the parshios missed, since they are so many, into two or three Shabossim?
A. On question 2611 we wrote: "Remah (O.H. 135: 2) rules that if we missed the reading of a parsha, the next Shabbos it should be read together wit the next parsha. Mishna Berura (ibid. 6-7) quotes different opinions regarding if several parshios were omitted. Some Poskim including Maharam Mintz and seemingly Hagra, maintain that only the last missed parsha should be read. Other Poskim (Eliahu Rabba, Magen Giborim, Meorei Ohr, Chida and others opine that all missed parshios should be read in order.
Horav Shlomo Miller's Shlit'a opinion is that even if c"v it turns out that many parshios were missed, they could be leined during one single Shabbos, as some read the complete Sefer Devarim on the night of Hoshana Rabbah. The Rov mentioned that the Cohen gets that prolonged aliya until the beginning of the current parsha."
However, the Rov indicated recently, that if more than two parshios were missed, there is no need to read the left out parshios.
Rabbi A. Bartfeld as advised by Horav Shlomo and Horav Aharon Miller Shlit'a
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Posted 6/19/2020 7:40 PM |
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# 2717 Face to Face
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Q, When davening in the backyard, if the Sefer Torah is kept on an aron inside the family room that has a door open to the porch and can be seen from there, do you fall tachanun on your face then?
A. Remah (O.H. 131:2) rules that on a chotzer or courtyard open to the shul, one falls tachanun on the face. Mishna Berura (13) explains that if one can see from where he is a part of the aron, it is considered as being in front of it.
Horav Shlomo Miller's Shlit'a opinion is that our case is similar.
Rabbi A. Bartfeld as advised by Horav Shlomo and Horav Aharon Miller Shlit'a
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Posted 6/19/2020 7:34 PM |
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# 2716 Follow Out?
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Q. I am staying BE"H in a bungalow colony and there is only one minyan and they daven early. I'm obliged to daven with them, and also start Shabbat early?
A. Shulchan Aruch (O.H. 263: 12) and Mishna Berura (51) maintain that if there is only one shul in town and they daven early, the whole town has to follow.
However, Horav Shlomo Miller's Shlit'a opinion is that even if there is only one early minyan at the bungalow colony, due to the unsettled nature of these summer minyonim, were people constantly come and go, one may not be necessarily drawn after the minyan in case of need.
Rabbi A. Bartfeld as advised by Horav Shlomo and Horav Aharon Miller Shlit'a
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Posted 6/19/2020 12:08 PM |
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# 2715 Apron Strings
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Q. In summer days when the husband davens early Kabbolas Shabbos, and as mentioned in last question, if it is done for convenience, he does not impose Shabbos restrictions on his wife. Can she do work for him also?
A. Igrois Moshe (O.H. 3: 28) maintains that although as mentioned on the prior question members of the household, who did not accept the Shabbos restrictions are not drawn after the husband and can continue doing work even for his sake, however, his wife may be different.
The reason being is that her relationship to her husband is distinct, since she is duty-bound to prepare and serve him with Shabbos needs. As such, since he has already accepted Shabbos, although she can continue doing work for herself as mentioned before, she should abstain from doing work for him as a servant would refrain. However, the husband may request other members of the family to do the work. (See also Beer Moshe 2: 19).
Horav Shlomo Miller's Shlit'a is similar, and the wife should avoid doing work for her husband at that time.
Rabbi A. Bartfeld as advised by Horav Shlomo and Horav Aharon Miller Shlit'a
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Posted 6/19/2020 12:01 PM |
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# 2714 Bright and Early Shabbos
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Q. In summer days when the husband davens early Kabbolas Shabbos, does his wife have to abstain from doing melochos at that same time and light candles then?
A. Igrois Moshe (O.H. 3: 28) rules that is the husband decides to attend an early minyan during the summer days out of convenience he does not impose Shabbos restrictions on his wife or other members of his family.
However, if he does so out of respect and acceptance to the kedusha of Shabbos, by adding an early Tosefes Shabbos, or out of concern not to be late and transgress Shabbos violations, it is seen as having accepted a minhag or tradition, that his wife has to follow.
Igrois Moshe argues that this is not the usual common case, since likely he does not do so in the short winter days, and it only reflects a desire of convenience. However, Shevet Halevy (7; 35) disagrees. See Piskei Teshuvos (263: 75).
Horav Shlomo Miller's Shlit'a opinion is to be lenient.
Rabbi A. Bartfeld as advised by Horav Shlomo and Horav Aharon Miller Shlit'a
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Posted 6/19/2020 11:53 AM |
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# 2713 An Offer One Can Refuse
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Q. Thanks for your answer that shows both expertise and common sense. I have another question, I was offered the position of president of my synagogue and it is possible that I can be effective in bettering things there. But I'm afraid it is going to be too though for me to follow through. Is there a prohibition to say no, when you can do good? Did not Moshe Rabbenu refuse many times to go and take out the Jews from Egypt, until G-D forced him to go?
A. Recently we wrote on Parshas Behaloscha the following question: It is mentioned that Eldod and Meidod, although they were chosen to be members of the Seventy Sages, and the spirit of Hashem rested on them, seemingly by their own choice, they remained in the camp. If they were rightly chosen, and they remained neviim, why did they refuse to join the others? To what we answered: "They followed the ways of Moshe Rabbeinu himself. When he was asked by Hashem to take out the Yiden from Mitzrayim, he refused for a whole week, asserting that he was not capable of doing it it and gave all kinds of reasons why not. After all, as it is mentioned in the parsha, he was the most humble man of all.
Medresh Rabba (14) mentions that Eldod and Meidod where even greater tzadikim than the rest of the seventy chosen. They decided in their anavah and modesty, to better stay in the camp with all the people, and not to take an elevated position, but rather work with the people, in the camp for their sake. They were rewarded with their names being recorded in the Torah and the spirit of Hashem's nevuah resting forever on them.
It is difficult to answer properly your question without knowing the details involved. As Horav Shlomo Miller Shlit'a often recommends in similar cases, you have to consult the Rabbi of your shul, who is familiar with the work to be done and with your particular situation
Rabbi A. Bartfeld as advised by Horav Shlomo and Horav Aharon Miller Shlit'a
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Posted 6/19/2020 11:50 AM |
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# 2712 Live In a Tree?
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Can one place a siddur on a tree or lean on the tree without moving it?
A. Mishna Berura (336: 3) explains that the ruling of Shulchan Aruch that it is prohibited to use a tree on Shabbos, includes not placing any objects on it. On the prior seif (2) he mentions that one should also not lean or support himself on it.
On (336: 13) Rema writes that one can touch a tree but not move it. Biur Halocho (ibid) debates whether when not moving it one can completely lean on it.
Horav Shlomo Miller's Shlit'a opinion is one can lean on the tree slightly, when not moving it.
Rabbi A, Bartfeld as advised by Horav Shlomo and Horav Aharon Miller Shlit'a
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Posted 6/19/2020 11:35 AM |
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2711 Why Not Pick Up?
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Q. Re - question 2710 above. How about if the siddur fell on some delicate flowers, can one also pick it up? If not, what should one do with it?
A. Mishna Berura (336: 14) mentions that the permission of the Remah mentioned on the prior question does not apply to plants with delicate or very brittle stems, that are likely to break or snap when handled. (See 39 Melochos 3: p. 300). It would seem proper just to carefully cover it with a plastic bag until Shabbos end.
Horav Shlomo Miller's Shlit'a opinion is similar.
Rabbi A, Bartfeld as advised by Horav Shlomo and Horav Aharon Miller Shlit'a
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Posted 6/18/2020 1:11 PM |
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# 2710 Don't Let the Siddur Down
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Q. If someone is davening outside and he dropped on Shabbos his siddur on some plants on the edge of the grass and can't pick it up without moving the leaves of the plant, can he pick it up? How tall can the plant be?
A. Remah (O.H. 336: 1) permits using soft plants attached to the ground, since there is no prohibition to use "yerek" or grass. (As when sitting, laying on it or carefully touching it). Mishna Berura (ibid 14), adds that the above only applies to plants that are not growing rigid and firm as trees and bushes do. He also mentions the height of three tefachim, as he prior (4) did. (aprox. 30 cm. or 1f.).
However, Shevet Halevi (7: 44) is lenient to pick up a taalis from a bush that did not and will not grow taller than ten tefachim, (aprox. 1m. or 40 in.).
Ohr Yehoshua Chezkiya quotes a similar opinion from Horav Shlomo Miller's Shlit'a, that one may be lenient in cases of need or kavod habriyos, such as picking up a hat, and certainly a siddur.
Rabbi A, Bartfeld as advised by Horav Shlomo and Horav Aharon Miller Shlit'a
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Posted 6/18/2020 1:04 PM |
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# 2709 Growing Pains
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Q. As we many of us daven these days on the backyard minyanim, if there is some flowerpots growing outside on the edge of the fence of the deck facing the grass, can someone stand bellow the pot while davening? Maybe it is asur since he is blocking and separating between the draining hole of the pot and the nurturing humidity of the grass, and the growth will diminish?
A. Kinyan Torah Behalacha (5: 25) deals with this issue and suggests that it may be permitted when the plants lean out from the pot, and even when someone is standing under the draining hole, he will not separate totally the "yenika," or nurturing from the ground, therefore it would be permitted. Bris Avrohom (1: 6) tends to be lenient, since he is likely to be only a "misassek" or one performing an inadvertent transgression and also doing prohibited work without intention, when it is not certain that it will occur. (Dovor sheino miskaven veino pesik reisho). See also Piskei Teshuvos (336: 16) that the people's practice is to be lenient.
In a case when none of the above reasons apply, Horav Aharon Miller Shlit'a suggested that a mat can brought out and placed underneath the feet of the one standing, so he can then walk away without changing anything for the plant above him.
Horav Shlomo Miller's Shlit'a opinion is also to be lenient.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit'a
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Posted 6/15/2020 12:22 PM |
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# 2708 Identifying Signs of Time
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Q. Does one transgress the prohibition of etching a tattoo, if one does not have the intention of writing or illustrating any words, symbols or forms at all. A dot will be tattooed in a specific place, simply to be able to identify a person, that has severe memory issues and can get lost. Or the mark of a dot may be placed for recognizing a specific place in the body medical purposes. Is that permitted?
A. Shulchan Aruch (Y.D.180: 2) rules that one may place "afar mikleh" on a wound. Taz (ibid 1) explains that even the ashes of a (coal) stove which are hard and leave a mark that remains, are permitted, since the wound and its scar also stay and prove that it was done for healing purposes.
Poskim disagree if the mark left by the ashes equals a tattoo mark as their tinctorial effect may not stay forever. (See Ribon and Rashi - Makos 21a and Avoda Zarah 29a, however, Ritva and others ibid, consider it to be only a ma'aras ayin prohibition, as it seems to be a tattoo). They also disagree if the prohibition would be Biblical or Rabbinical. See question 2707 above.
Regarding marks for identification, as was once upon the time used on slaves, Shulchan Aruch and Remah (Y.D.180: 3) rule that it is prohibited on the onset (lechatchila). Today, there are far better methods of searching and identifying an elderly individual or child prone to get lost, such as bodily attached electronic devices.
Horav Shlomo Miller's Shlit'a opinion is that it would only be permitted, if there is an actual concern of saving a life as in the case of tattoos done for pinpointing the location for the radiation to be given on cancer cases.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit'a
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Posted 6/12/2020 3:47 PM |
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# 2707 Question Mark
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Q. Is the prohibition of tattooing oneself prohibited by the Torah only when done for avoda zarah purposes only but other decorative tattoo marks are only Rabbinical? (see next question for what difference does it make).
A. On Parashas Kedoshim, (19: 28) we read: “You shall not etch a tattoo on yourselves, I am Hashem”.
Talmud (Makos 21a) explains that the Torah attached the words “Ani Hashem” to this decree, to express that tattooing is fundamentally connected to idolatry. The Rambam, (H. Avoda Zarah 12: 11) and Sefer Hachinuch, (M 253) teach that this prohibition originated as our Torah response to avoda zarah and paganism. It was the common practice for idol worshipers to tattoo themselves, thus marking and branding themselves as slaves to their pagan gods. Our Torah demanded that we totally separate ourselves from them and their idolatrous ways.
Poskim disagree if tattooing for other purposes is a Biblical prohibition, some maintain it is. (Tosafos Gittin 20b and Aruch Laner ad loc, Rambam Tur and Shulchan Aruch don't mention any distinction, Minchas Chinuch 253 debates the issue).
Others assert that it is only a Rabbinical injunction. (Biur Hagra Y.D. 180: 1, quoting Tosefta - Makos 3: 9. Chasam Sofer - Gittin 20b, Shoel UMeishiv 2: 1: 49, Get Poshut 124: 30, in Passhegen Haksav 9,
Horav Chaim Kanievski shlit'a argues that this is the opinion of most Rishonim.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit'a
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Posted 6/12/2020 1:48 PM |
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# 2706 A Wild Goose Chase II
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A. I heard that Rav Miller discouraged people to do shiluach haken on geese since they may be considered kosher birds and eaten and there is no such tradition. Why did you write that shiluach haken does apply on them?
A. On question 2683 regarding if geese considered kosher birds for the mitzva of shiluach haken, even if there is no tradition to eat them, we wrote; "Hisorerus Teshuva (4: 155) maintains that a bird that has the simanei or signs of a kosher bird (See Shulchan Aruch Y.D. 82: 3), although if there is no established tradition to eat it, and we abstain from it (Rema ibid.), still one should perform the mitzva of shiluach haken as it is possibly kosher. (See similar opinion in Birkei Yosef (292: 10), Shach (ibid.14), Minchas Elozor (3: 43), and others).
Shalach Tishlach (p. 55) quotes that in such a case one should return the eggs or chicks after lifting them to the nest. Horav Shlomo Miller Shlit'a opinion is similar."
Since Horav Shlomo Miller Shlit'a is out of town, I requested Horav Aharon Miller Shlit'a to ask his father if there has been a change in his position. He told that his father maintains that shiluach haken can be performed on Canadian geese as there is no brocho involved. but the eggs or birds should be returned.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit'a and Horav Aharon Miller Shlit'a
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Posted 6/12/2020 1:22 PM |
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# 2706 A Wild Goose Chase II
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A. I heard that Rav Miller discouraged people to do shiluach haken on geese since then they may be considered kosher birds and eaten, and there is no such tradition. Why did you write that shiluach haken does apply on them?
A. On question 2683 regarding if geese considered kosher birds for the mitzva of shiluach haken, even if there is no tradition to eat them, we wrote; "Hisorerus Teshuva (4: 155) maintains that a bird that has the simanei or signs of a kosher bird (See Shulchan Aruch Y.D. 82: 3), although if there is no established tradition to eat it, and we abstain from it (Rema ibid.), still one should perform the mitzva of shiluach haken as it is possibly kosher. (See similar opinion in Birkei Yosef (292: 10), Shach (ibid.14), Minchas Elozor (3: 43), and others).
Shalach Tishlach (p. 55) quotes that in such a case one should return the eggs or chicks after lifting them to the nest. Horav Shlomo Miller Shlit'a opinion is similar."
Since Horav Shlomo Miller Shlit'a is out of town, I requested Horav Aharon Miller Shlit'a to ask his father if there has been a change in his position. He told that his father maintains that shiluach haken can be performed on Canadian geese as there is no brocho involved. but the eggs or birds should be returned.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit'a and Horav Aharon Miller
Shlit'a
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Posted 6/12/2020 1:21 PM |
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Important Numbers
