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Have a question? Send it in! Questions are answered by Rabbi Bartfeld.
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# 2819 Judging the Judges
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Q. Re question 2815 above. Following Horav Miller's response, why when we do Hatoras Nedarim on Erev Rosh Hashana we address even a Beis Din arranged together from the most simple people present in shul (that a least understand what is happening) as Dayonim Mumchim. (expert judges)?
A. The source for the nusach that includes the title 'Dayonim Mumchim,' in Hatoras Nedorim is the Sheloh Hakodosh (beginning of Yuma). The siddur of the Aderess omits it, since it does no apply in our days. Kol Nidrei (p. 739: n. 8) adds that the Steipler Gaon and Horav Eliashiv zt'l, also excluded the title, when they were matir nedorim, however Horav S.Z. Auerbach zt'l kept it.
Nidrei Zerizim (3: 228: 14) explains in a way similar to the above question, that it is permitted in order to honor people. He adds that giving the titles Rav or Chacham in a Get to one that isn't does not disqualify the divorce.
Horav Shlomo Miller's Shlit'a opinion is that notwithstanding what was mentioned in the prior answer regarding the title Rav, the title Dayonim Mumchim could be used, since it is mentioned only to a small group and not consistently.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a
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Posted 9/1/2020 5:51 PM |
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# 2818 On the Fast Track
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Q. A friend of mine is undergoing heart surgery on the Friday before Yom Kippur and won't be able to fast this year. Since he is very disturbed and upset by this, (it will be the first time in his life he omits fasting Yom Kippur), he decided to at least fast another day as a compensation. When is it better to fast later on, after Yom Kippur when he is already well and able or before Yom Kippur, early enough so it won't affect his health?
A. There is no need for one to fast another day as compensation for not being able to fast on Yom Kippur for medical reasons, however, one may do so.
Horav Shlomo Miller's Shlit'a opinion is that if he so desires, he should better fast during the Asseres Yemei Teshuva, the ten days of repentance between Rosh Hashana and Yom Kippur, since it is a time when fasting is propitious and favorable. (Remah O.H. 581: 2).
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a
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Posted 8/28/2020 5:07 PM |
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# 2817 Out of Tune?
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Q. I witnessed a baal tokea place a mask over the shofar's open end when he was blowing to avoid spreading the virus. Is that correct to do?
A. Horav Shlomo Miller's Shlit'a opinion is that since the tone of the shofar would likely be altered by the mask placed at the large end, the mitzva would not be performed correctly. The Rov recommended avoiding that even during the blowing during the month of Elul, however after the fact and in need, one may comply then since the blowing is only a minhag.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a
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Posted 8/28/2020 4:59 PM |
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# 2816 The Blood Will Tell
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Q. Should one suffering from diabetes and has to undergo multiple finger pricks each day including Shabbos to show current sugar level, make an effort to obtain a Continuous Glucose tester. This tester uses a sensor placed under the skin to measure blood sugar level; transmits automatically each reading to a small recording device worn on your body, a nearby smartphone or a smart watch; an alarm can be set to alert of blood sugar levels that are too low or too high. Should one make an effort to use this method to diminish chilul Shabbos?
A. On question 2010 we wrote; "In regard to acquiring a Continuous Glucose Monitor, the Rov’s opinion is that if it also benefits the health perspective of the patient, and it is maintained on during the entire Shabbos, one should make an effort to acquire it. In respect to carrying the CGM where there is no eiruv, see question 1999 on an Epi-Pen, and 1732 on ankle monitors."
Horav Shlomo Miller Shlit'a maintains that an effort should be made to acquire such tester and avoid the Biblical chilul Shabbos involved in the multiple finger pricks to draw blood done in the conventional method.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a
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Posted 8/28/2020 4:50 PM |
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# 2815 Give a Good Name?
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Q. In our shul since there are many learners and kollel people that attend, to avoid embarrassing anybody, when we call for aliyos to the Torah, we name everybody "harav." Since we also have members that are far from fitting that description, some complained that it is not proper to call them horav, as it seems like a joke. What is the correct thing to do?
A. Chashukei Chemmed (Rosh Hashana 26a) mentions a similar question and quotes Talmud (Kesubos 16b), 'How does one dance before the bride? Beis Shammai say: One recites praise of the bride as she is, emphasizing her good qualities. And Beis Hillel say: One recites: A fair and attractive bride. Beis Shammai said to Beis Hillel: In a case where the bride was lame or blind, does one say with regard to her: A fair and attractive bride? But the Torah states: “Keep you from a false matter” (Exodus 23:7). Beis Hillel said to Beis Shammai: According to your statement, with regard to one who acquired an inferior acquisition from the market, should another praise it and enhance its value in his eyes or condemn it and diminish its value in his eyes? You must say that he should praise it and enhance its value in his eyes and refrain from causing him anguish. From here the Sages said: A person’s disposition should always be empathetic with mankind, and treat everyone courteously. In this case too, once the groom has married his bride, one praises her as being fair and attractive.
He also cites the lenient opinion of the Shaarei Teshuva (3: 178-186) that when no monies are involved, one may lie for a good cause. However, he adds that Tiv Kiddushin (E.H. 65: 2) prohibits calling an ugly bride beautiful, as it is an obvious falsity. But you may use the term attractive or pleasant, since it has a different connotation.
Finally, he quotes Horav Eliashiv zt'l that the Talmud (Rosh Hashana 26a) relates of Rabi Shimon ben Lakish saying: When I went to the district of Kan Nishrayya, I heard that they called a bride ninfi. based on posuk: A “Beautiful view [nof ], the joy of the whole earth, Mount Zion” (Tehilim 48:3), which therefore means beautiful like a bride, even when she wasn't, because of promoting Darkei Sholom.
He summarizes that we should commend the gabbaim that call all attendants 'horav,' and promote Darkei Sholom.
However, Horav Shlomo Miller's Shlit'a opinion is that when the situation reaches a laughable and absurd stage, it is better to avoid using that title on all present. The Rov also quoted Talmud Kiddushin (49b): If a man says to a woman: Be betrothed to me on the condition that I am a scholar, one does not say that he must be like the scholars of Yavne, like Rabbi Akiva and his colleagues. Rather, it is referring to anyone who, when he is asked about a matter of wisdom on any topic related to the Torah, responds appropriately and can say what he has learned.
The Rov also suggested to use the term 'rebbe' instead.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a
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Posted 8/28/2020 3:48 PM |
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# 2814 Timing Is Everything
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Q. A couple planning their wedding (a small wedding since it is a second marriage for both and these are still corona times) in the next weeks. Is it better to do the wedding on the third or the last week of the month of Elul, and not wait until after Rosh Hashana, since some avoid weddings on the Assereth Yemei Teshuva. or maybe it is preferable to make it at beginning of the year to avoid the time of chissur halebanah when the moon is decreasing?
A. Shulchan Aruch (Y.D. 179: 2) and Remah (E.H. 64: 3) in the name of the Ran, write that the minhag is to get married only at the beginning of the month, when the moon is still in its increase cycle. Biur Hagra (Y.D. 179: 5) points to the source in the Zohar.
However, many Poskim disagree and the minhag in many places is to perform weddings even in the second half of the lunar month (Otzar Haposkim 17: p. 64, Nitei Gavriel - Nissuim1: 47: 5, Hanessuim Kehilchoson 1: 5: 49 and others). Additionally, some Poskim maintain that on a second marriage, there is no concern on doing so at the end of the month. (Shulchan Hoezer 1: p. 86, Maaseh Avrohom 5, and others). Moreover. Darkei Teshuva (Y.D. 179: 8) asserts that the minhag does not apply at all to the month of Elul, which is in its entirety propitious for marriages.
Mateh Efraim (602: 5) maintains that one should not preferably get married during the Asseres Yemei Teshuva.
Hochmas Shlomo explains that, since it is a time of judgment, it is similar to the end of the lunar month. Again, Poskim permit on a second marriage. (Piskei Teshuvos 602: 3).
Hirav Shlomo Miller's Shlit'a opinion is that since both options are very similar. it is preferable to perform the wedding as early as possible.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a
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Posted 8/28/2020 3:32 PM |
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# 2813 Have a Crack at this Shailah
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Q. We were about to blow shofar for the first time this Elul, when the Baal Tokea realized that there was a split or crack of about two inches on the shofar he was given, at the wide end. We were davening in an outside minyan and no other shofar was available. Bein b'raira (no other option available). we used that shofar. Was that correct?
A. Shulchan Aruch (O.H. 586: 8) mentions that when a shofar is split in its length there are different opinions whether it becomes disqualified or not, depending on which side the crack is. its overall length and also if there was a change in the tone. Mishna Berura (ibid. 42) rules that in case of need one can be lenient in some situations.
Horav Shlomo Miller's opinion is that the above applies to the tekias shofar of Rosh Hashana, however when we are dealing with the shofar blowing of Elul which is basically only a minhag, in case of need one can be lenient even more. Nevertheless, the Rov added, the minyan should make every effort to obtain a proper kosher shofar for Elul.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a
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Posted 8/28/2020 3:20 PM |
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# 2812 Pay Attention Now!
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Q. If during tekias shofar during the days of Elul one notices someone that is seating down, should he admonish him and tell him to stand up.
A. The blowing of the shofar during the month of Elul is a minhag mentioned by the Tur and Remah (O.H. 581: 1), and one of the reasons given is to awaken the people to pay attention to the imminent and impending coming of the Days of Judgment and the essential need to do teshuva.
The minhag and tradition is indeed to stand up at the time of the tekias shofar (Piskei Teshuva Nitei. Gavriel 3: 10 and others).
Horav Shlomo Miller's Shlit'a opinion is that if someone has difficulty to stand he may remain seated. However, if the seating is due to the lack of consciousness and care for the impending Yom Hadin, he should indeed be reprimanded.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a
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Posted 8/26/2020 12:28 PM |
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# 2811 Don't Blow It
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Q. We daven in a backyard minyan these covid times. Some of our neighbors are not very friendly and often complain unjustly to the noise. Now that we are going to start blowing shofar, they probably are going to have a fit. Can we blow the shofar inside one of our homes and the people will hear it but maybe only faintly. Is that OK?
A. Horav Shlomo Miller's shlit'a opinion is that for Chodesh Elul shofar it is permitted, as long as they can hear it even faintly.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a
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Posted 8/26/2020 12:24 PM |
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# 2810 Teach a Man to Fish
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Q. We have a large
aquarium at home. If a fish perishes on Shabbat and puts in danger
all the other fish. Can one take it out?
A.
Cheshed Haefod (50) permits in need to extract the dead fish when it
is fit for cat or dog food, relying on the Taz (308: 32) and Bach
(ibid) especially when one owns such pets.
Shemiras
Shabbos K. (27: 99) is also lenient due to the tzaar baal chaim or
pain caused to the other fish. Shebet Halevi (1: 62) is also lenient,
however warns that when extracting the dead fish, one should be
careful not to transgress the borer prohibitions.
Hurav
Shlomo Miller 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 8/26/2020 11:45 AM |
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# 2809 Room For Compromise?
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Q. If a person is in a yichud situation, (being in the same room with a woman), may he text his friend where he is and tell the friend (who is a few blocks away) to feel free to come over at any time and ring the bell? Will that solve the issue? (Such as where the door cannot be left open due to the weather, or the lady doesn't let, and one is not interested in fighting with her, or if they are not expecting anyone to come in). Does the lady (not sure of her religion) have to know that I texted him?
A. Asking a friend that is close by, to call on you is certainly beneficial, when he can have actual access at his will. See question 1688 where we wrote; "The home door should be left unlocked or the meeting should take place in a room with an uncovered window facing the street. If the husband is out of town, a neighbor should be asked to check on the home. “
Horav Shlomo Miller Shlit’a has advised on similar situations to take your cell phone with you and leave it with the camera on facing you, while a friend is checking on you.
However if the yichud situation is constant and ongoing, as when he is staying or renting a room in her home, the Halacha may be different. See question 974 regarding a two bedroom apartment, if a man and a woman renting an apartment together can share the bathroom and kitchen while each lives in a separate private room with locks on door, we wrote: "Horav Shlomo Miller’s Shlit”a opinion is that sharing an apartment in the particular setting you describe is not a good idea as it can easily lead to the yichud prohibition of seclusion and then to promiscuity, even if more people reside in the co-ed flat."
In question # 346 in this forum, Horav Miller recommended adding a security camera for office employees and in question # 828 for an elderly patient left alone with the female care-giver to avoid yichud.
We there mentioned that Horav Nissim Karelitz Shlit”a (quoted in Moriah-Elul 5771 p.146) maintains that security cameras are to be regarded as an open door to the street in regards to the yichud prohibition, which the Noda Beyihuda (E.H. 71) permits. He mentions that they do not have to be scrutinized on real time, as long as there is a possibility that the tape (or digital recording) could later be seen, and it is an effective deterrent.
We also quoted the Minchas Ish (p. 267) who permits yichud inside the safe deposit-box room in banks, due to the presence of security cameras. See also Nitey Gavriel (Yihud 45: 8 – p 283).
However, in the setting you describe even with installed security cameras, Horav Shlomo Miller Shlit’a strongly recommends to be stringent. This is due to the close familiarity and intimacy created by the daily mutual sharing of the unit’s facilities for an extended period of time.”
(See also questions 346, 408. 974).
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a
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Posted 8/26/2020 9:33 AM |
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# 2808 Blow the Whistle?
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Q. (See question 2807 above) Is it true that there are videos of the Lubavitcher Rebbe encouraging whistling by his farbrengens?
A. Rav Meir Wagner Shlit'a mentioned that "Yes (the Lubavitcher Rebbe did encourage whistling). At a farbrengen on Purim, 5736, the Rebbe quoted the Gemara in Chulin (63,a) where R' Bibi bar Abaya says that when the Rachem (bird) will sit on the floor and whistle it is a sign that Moshiach is coming, as the posuk (Zecharya 10:8) says: "I will whistle to them and gather them, for I will redeem them". The Rebbe then said, that at a gathering to strengthen Torah and Mitzvos it is appropriate "Un tzu feifen der Yetzer Hara," and to whistle in a manner that will encourage people and strengthen them to do more to bring Moshiach!
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a.
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Posted 8/21/2020 4:39 PM |
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# 2807 Not Worth a Whistle
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Q. (See questions 2804-6 above regarding whistling on Shabbos). Is there any truth in what people say that whistling calls sheiddim?
A. Rivavos Efraim (O.H. 8: 424) indeed mentions this question, and he answers that although his Rebeh in cheider said that it is prohibited to whistle, he does not know the source for it.
From the rulings of the Shulchan Aruch (O.H. 338: 1, mentioned on the prior questions) that it is permitted to whistle with one's mouth on Shabbos, it would seem that there is no prohibitive issue with whistling. Still there seems to be a widespread tradition especially for those following Chassidic traditions, to avoid whistling altogether. There is an old saying often repeated by those familiar with Yidish old sayings, that 'Yiden faifen nisht or Jewish people don't whistle." There is also a saying that the Hebrew verb for whistling is "sharak," which positions the almost last words of the alef beis backwards. thus symbolizing the incorrectness of the act.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a
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Posted 8/21/2020 4:36 PM |
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# 2806 Mixed Signals
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Q. (See question 2805 above). Can one place a small piece of paper between the thumbs, and whistle on Shabbos?
A. Although we mentioned that it is permitted to whistle with one's mouth on Shabbos, using any instrument is not. Placing a small piece of paper between the thumbs and blowing on it and thus creating a sound, may be tantamount to using an instrument.
Horav Shlomo Miller's Shlit'a opinion is that the point is debatable and one should therefore avoid using this method for whistling.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a
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Posted 8/21/2020 3:49 PM |
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# 2805 Chew this Over
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Q. Can
one chew unflavored chewing gum on a fast day. It helps for one
suffering from stress and also creates alertness. Does it depend on
which fast day?
A.
Poskim prohibit flavored chewing gum on a taanis (See Ohel Moshe 2:
113: 2, Mikve Hamaim 3: 47: 4 and others). However, totally
unflavored chewing gum some permit, when being careful not to swallow
it (Hilel Omar - O.H. 278, Likutei Kol Sinai - Bein Hametzorim 12 -
quoting Horav O. Yosef zt'l, Miyam Hahalcha 1: 81).
There
may be also considerations of maara ayin, since others watching don't
know it is unflavored chewing gum
Horav
Shlomo Miller's Shlit'a opinion is to avoid chewing even unflavored
gum as it may contain other additives.
Rabbi
A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller
Shlit'a
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Posted 8/21/2020 3:47 PM |
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# 2804 From Hand to Mouth
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Q. (See question above) Can one whistle placing his fingers on his mouth on Shabbos?
Can one whistle accompanying a choir on Shabbos?
A. Aruch Hashulchan (O.H. 328: 7) rules that although one may not use his fingers to bang on a surface similar to a drum as part of a musical sound, one may place his fingers in the mouth to whistle a tune. He adds that since mouth whistling is equal to singing, it could also harmonize with others singing.
Piskei Teshuvos quotes Mishne Halachos who argues with the Aruch HaShulchan regarding whistling with your hands.
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 8/21/2020 2:22 PM |
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# 2803 Whistling in the Wind
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Q. Is one permitted to whistle a tune on Shabbos?
A. Remah (Shulchan Aruch O.H. 338: 1) ruled that one may call others attention by whistling on Shabbos. Mishna Berura (ibid 3) quotes Magen Avrohom that even if one whistles a proper tune, it is permitted, as it is similar to any other singing by mouth, which is permissible on Shabbos.
However, there are dissenting opinions. Birkei Yosef (Shiyurei Berocho, 338) quotes Rabbeinu Pinchas Anav that whistling a tune on Shabbos is forbidden. Nevertheless, the Chido himself on Machazik Brocho (ibid.) writes that based on the above ruling of the Remah, it has become habitual in the lands of Germany and Poland to whistle tunes on Shabbos, even when they resemble actual musical instruments.
Nonetheless, using a whistle or any other instrument is prohibited.
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 8/21/2020 2:18 PM |
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# 2802 First Come First Served
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Q. If one has a choice to attend shul either both days of Rosh Hashana or on Yom Kippur (can't do both, such as they are not letting people in to avoid overcrowding during corona), which is better?
A. Horav Shlomo Miller’s Shlit’a opinion is that he should choose Rosh Hashana, since besides that it involves two days instead of one, it is also first and we rule that a mitzvah that came to you, should not be postponed. (Remah O.H. 625:1, etc.)
Rabbi A. Bartfeld as advised by Horav Shlomo and Horav Aharon Miller Shlit'a
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Posted 8/18/2020 4:00 PM |
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# 2801 The Waste of a Waste of Space
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Q. A person who has a lot of food, a lot of it is good and edible but it is taking up too much space and the landlord or roommate is makpid and upset, is it baal taschis to throw some of it out (some of it I can bring to a yeshiva, some of it I can store in a way that won't bother the roommate, and some of it is not fresh though still edible). What should one do with it? He doesn't let me store things there even though I told them it is fresh and edible. Is it OK to throw some things out that I am not interested in eating?
A. Horav Shlomo Miller’s Shlit’a opinion is that if it cannot be given away for others to use, one does not transgress the baal tashchis prohibition when thrown out, if there is a valid reason to do so, as when it affects the well being of others. (The health and reasonable well being of the owner is also a valid factor, as the Talmud teaches; ‘One’s own personal baal tashchis, preempts others’).
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a
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Posted 8/17/2020 7:56 PM |
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# 2800 In The Name of Rochel
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Q. I just heard that there is an issue on naming a baby girl with the name Rochel. Can that be true?
A. The Arizal (Shaar Hapsukim – Vayetzeh) explains that the reason that the names of the Imahos (matriarchs) of our nation, contains the letter ‘hai’ at the end (as Sarah, Rivkah, Leah, Bilhah and Zilpah) is to demonstrate that they had the potential of bearing children. The sole exception was Rochel, and indeed she was barren.
That is way she gave her servant Bilhah to Yakov, since her name contains a double letter ‘hai,’ so she would contribute that letter to her own name Rochel, and the children to be born would be credited to her.
Kovetz Beis Hilel (p. 71 ) quotes Ohr Letzion, that he advised an ill and childless woman to change her name Rochel to another more propitious name and she was healed and bore children. When questioned by his talmidim if he advises not to give that name to daughters, he said that they should indeed avoid that name.
However Derech Sicha (end of Bereishis), mentions that Horav Chaim Kanievsky’s Shlit’a opinion is emphatically and unequivocally, that the name Rochel should not be avoided , as many so named women had children, such as the wife of Rabi Akiva and the mother of Mori Bar Rochel and countless others throughout all generations. (See Aliba Dehilchesa – Shabbos 154a).
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 8/16/2020 10:02 PM |
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Important Numbers
