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Have a question? Send it in! Questions are answered by Rabbi Bartfeld.
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# 2759 Follow Your Nose?
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Q. If I put either one (of the mint oil and eucalyptus oil - see question 2758 above) into my nose, both to enjoy the smell and the cooling feeling they provide, but also because it clears the sinuses, do I make a brocho?
A. Shulchan Aruch (O.H. 226: 2) rules that if someone eats an aromatic food when his intention is mainly the eating and not the smelling, even if it does provide a pleasant smell, one does not recite a brocho on the smell.
In your case it would seem that an important part of the use of the above oils is their aroma. If that is the case, it stands to reason that a blessing should be recited.
Horav Shlomo Miller's Shlit'a opinion is that if there is an intention to have pleasure of the smell a brocho should be recited.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit"a
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Posted 7/22/2020 3:47 PM |
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# 2758 The Smell Test
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Q. What brocho is said before inhaling mint oil and eucalyptus oil?
If I put either one into my nose, both to enjoy the smell and the cooling feeling they provide, but also because it clears the sinuses, do I make a brocho...?
A. Shulchan Aruch (O. H. 216: 2) rules that if the source of the substance's smell is a tree, the brocho is Borei Atzei Besamim. On shrub, grass and herb plants the Bracha is Borei Isbei Besamim. It includes any plant that has one or many soft stalks or doesn’t last from year to year. If it is neither, such as musk, the blessing is Borei Minei Besamim. A special brocho of Borei Shemen Areiv is recited for shemen affarssemon or balsam oil. As it grows abundantly in Eretz Yisroel it has chashivus and importance over all other smells granting it its own brocho.
Mint is a perennial plant with very fragrant, toothed leaves and tiny purple, pink, or white flowers. It has a fruity, aromatic taste. There are many varieties of mint—all fragrant, whether shiny or fuzzy, smooth or crinkled, bright green or variegated. The plant grows to about one or two feet tall.
Shibolei Haleket (164), Yalkut Yosef (216, quoted in Ateres Paz p. 457), Vezos Habracha (p. 174) and others maintain that the brocho on mint leafs is Borei Isbei Besamim.
Peppermint oil is derived from the peppermint plant; a cross between water mint and spearmint; that thrives in Europe and North America. ... Peppermint oil also is used for a variety of health conditions and can be taken orally in dietary supplements or topically as a skin cream or ointment.
Eucalyptus is a tree and there are many(700) species of eucalyptus trees, including popular varieties like Gum tree and Silver-Dollar tree, that can be grown in the home landscape. Smelling the leafs of that tree would require the brocho of Borei Atzei Besamim.
Leaves are steam distilled to extract the oil, which is a colorless liquid with a strong, sweet, woody scent. It contains 1,8-cineole, also known as eucalyptol. Eucalyptus features in a range of preparations to relieve symptoms of the common cold, for example, cough lozenges and inhalants.
A commercial essential eucalyptus oil product advertises that it: Kills 99.9% of household germs. Temporarily relieves cold and flu symptoms when used in inhalation or when diluted in a massage oil as a chest rub. Temporarily relieves mild arthritic and muscular aches and pains when blended in a massage oil.
If oil or water or other liquids (Mishna Berura 216: 26) have been scented by the above substances, if it is is a tree, the brocho is Borei Atzei Besamim. if it was perfumed with shrub and herb products the Bracha is Borei Isbei Besamim. If it was scented with both, one would say “Borei Minei Besamim.” Similarly, whenever a fragrance comes from a mixed variety of spices, one would recite “Borei Minei Besamim.”
If the spices or smell sources are removed from the water or the oil, as seems to be our case, Shulchan Aruch (216: 6) quotes two opinions is any brocho at all should be recited over the liquid since it no longer contains the source of the fragrance. He advises not to smell the oils to avoid a doubtful brocho.
However Mishna Berura (ibid. 32), quotes Acharonim that one may lekatchila recite a Borei Minei Besamim on the oil if the smell is strong (see ibid. 32). He seems to agree with them.
Horav Shlomo Miller's Shlit'a opinion is similar if the essential oil contains original material of the spices.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit"a
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Posted 7/22/2020 3:39 PM |
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# 2757 A Masked Answer?
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Q. Israel is experiencing a skyrocketing number of new cases of this virus; over 8500 new cases within the last 2 weeks. Nevertheless, there are some Rabbis that do not wear masks in public and tell anyone who asks that it is not necessary to wear masks in public. Although the reasons for their view is not clear, the more prevailing Rabbinic view is that it is essential to wear a mask in public and that one who does not do so is acting lightly regarding safety to human life. In Bnei Brak, the Rabbonim have ruled that one who does not wear a mask in public is not be counted as part of a Minyan.
In regard to those Rabbis that maintain that it is not obligatory to wear a mask in public, may one follow their rulings in other areas of Halacha, or does this strange ruling of theirs regarding masks show that their halachic reasoning is faulty and that their ability to render correct and sound halachic rulings is weak and ought to be disregarded?
A. Horav Shlomo Miller's Shlit'a opinion is that the issue of wearing masks as well as other Covid restrictions is constantly subject to changes, as we wrote on question 2630 "a defining attribute of the Covid crisis is its constant ability to change." Besides, as we wrote in many other recent responses, not all situations are the same and Covid rules change from place to place. The true constancy of this crisis is that there is no constancy.
Therefore, at this time (July 8, 20) it is difficult to give a correct and accurate answer to your question, without examining carefully the realities of each particular situation.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a
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Posted 7/22/2020 3:36 PM |
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# 2756 Sure Cure
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Q. Tehillim Question: we set up a tehillim group for my daughter 2 weeks ago. BH she is stable and I was wondering when to stop the public tehillim. I will iy'H continue to say it in her Zechus for Refuah Sheleimah but I am never clear when to take someone off one's tehillim list. She is very nervous still - before Shabbos was crying since she was worried about Shabbos since last week in hospital and the week before went in ambulance. Now she is nervous as it is not yet 2 weeks from her procedures and is worried. So at which point does one take a person off tehillim list for iy'h a good reason?
Thank you! Kol Toov!
A. It is an established tradition to recite Tehilim on behalf of the ailing and for any other unneeded tzoro or affliction that one is suffering. Sources are mentioned in Peleh Yoetz (Erech Tehilim), Chido (Avodas Hakodesh 11), and many others. (See also Talmud Shavuos 15b).
The Malbim (Eretz Chemda - Lech Lecha quoting Chida) mentions that even after someone has recovered, one should continue the tefilos and prayers, as he still may need great shemira. He stresses that one should not behave as other believers do, and as Pharaoh did, that when immediately there was some relief his heart hardened.
Malbim explains the pasuk (Tehilim 118: 5) "Min Hameitzar - From the dire straits I called You Hashem; Answer me in a vast expanse," even when I'm already in a vast expanse, I still need Your answer.
However, when a Mi Sheberach or a prayer for the sick is recited after Tehilim, once one has completely healed he may not be included with the rest of the ailing.
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 7/20/2020 4:38 PM |
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# 2755 Exceptions Prove the Rules?
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Q. Israel is experiencing a skyrocketing number of new cases of this virus; over 8500 new cases within the last 2 weeks. Nevertheless, there are some Rabbis that do not wear masks in public and tell anyone who asks that it is not necessary to wear masks in public. Although the reasons for their view is not clear, the more prevailing Rabbinic view is that it is essential to wear a mask in public and that one who does not do so is acting lightly regarding safety to human life. In Bnei Brak, the Rabbonim have ruled that one who does not wear a mask in public is not be counted as part of a Minyan.
In regard to those Rabbis that maintain that it is not obligatory to wear a mask in public, may one follow their rulings in other areas of halacha, or does this strange ruling of theirs regarding masks show that their halachic reasoning is faulty and that their ability to render correct and sound halachic rulings is weak and ought to be disregarded?
A. Horav Shlomo Miller's Shlit'a opinion is that the issue of wearing masks as well as other Covid restrictions is constantly subject to changes, as we wrote on question 2630 "a defining attribute of the Covid crisis is its constant ability to change." Besides as we wrote in many other recent responses, not all Covid situations are the same and the rules change from place to place. The true constancy of this crisis is that there is no constancy.
Therefore, it is difficult to give a correct and accurate answer to your question, without examining carefully the realities of each particular situation.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a
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Posted 7/17/2020 1:45 PM |
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# 2754 Shaking the Tree
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Q On question 2738 you wrote: "Horav Shlomo Miller's Shlit'a opinion, as explained by Horav Aharon Miller Shlit'a is that one should not leave a chair even slightly leaning on a tree, since this would be considered "mishtamesh beilon" or using a tree. As opposed to one leaning a bit on a tree, that is permitted when the tree does not move or shake, since one has control of his body and can immediately stop inclining on it." Can one seating on a chair recline slightly on a tree when not moving it since he is in control?
A. Horav Shlomo Miller's Shlit'a opinion is that if he is sitting on the chair he may indeed lean slightly on the tree, if the tree does not move or shake, since after all he is in control of the chair.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a.
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Posted 7/16/2020 4:23 PM |
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# 2753 An Ounce of Prevention...
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Q. The Gemora tells us that we should daven that we should not get sick rather than daven for a recovery after getting sick, because one needs more merits to recover.
Where in Shemoneh Esrei do we daven that we should not get sick?
A. Talmud (Shabbos 32a) teaches that one should always pray for mercy not to become ill, since once he does, he requires merits to be healed. Tosafos (Rosh Hashana 16a, d'h K'maan) quotes in the name of Rabenu Tam that only according to Rav Yosi that a person is judged daily, one should pray not to become ill.
Mishna Berura (119: 1) rules on adding one's own personal tefilos and requests, when one prays for the future, not to become ill, he should do it on the bracha of Shomea Tefilah, and not on Refaenu, which is dedicated to the ones already in distress. (Shevet Halevi 8: 21, presents a conflicting opinion)
We do find set prayers for not becoming ill in the future, in the brocho of Hamapil, (before falling asleep), on the viduy of Yom Kippur, and on Tashlich.
Horav Chaim Kanievsky Shlit'a (Sh'ma's Tefilosi p. 135) explains why there is no set tefilah for not ailing in the future, since it is included in the last brocho of the amidah: "Sim Shalom Tova Uvracha"
Minchas Aviv (Shoftim, p. 382) points out that the eminence and distinction of the many medical books written by the Rambam, was not only in healing, but mainly in preventing illnesses and keeping people healthy. This he clearly expresses in the beginning of the second chapter of H, Deois and in the Shemono Perokim (3). Horav
Aharon Miller Shlit'a mentioned that his father answered similar to
what Horav Chaim Kanievsky Shlit'a replied.
Rabbi
A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller
Shlit"a
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Posted 7/16/2020 2:08 PM |
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# 2752 A Lot Of Promise
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Kavod Harav, I said that I will take off a chomesh (for maaser) if Hashem gives me a certain yeshua, which He did. However, due to corona, I am not getting paid as much as I was before and I don't want to give chomesh. What should I do? Is it permitted to be matir neder (annul an oath) even though we usually do not nullify vows of tzedeka? Is it necessary since I don't intend to permanently cancel, but just for the duration of corona when I am not able to make as much as before?
A. On question 881 regarding if one forgot to say beli neder when donating for a mi sheberach or telling that he will do any mitzva, we wrote: "It is always better to say b’li neder. However, Horav Shlomo Miller’s Shlit”a opinion is that when someone did not have in mind to make a neder at all and he also did not remember then the declarations of annulment made in Kol Nidrei or Hatoras Nedarim, in need he may rely on them to avoid additional Hatoras Nedarim
However, if he did use an expression of neder when he donated tzedaka, or he answered amen to “ba’abur shenodar” said aloud by the gabay reciting a “mi sheberach” for him, it does become a neder if he omitted adding then b’li neder."
It would then be better to do hatoras neder, in case later on he forgets or can't comply with the neder.
Rabbi A. Bartfeld as advised by Horav Shlomo and Horav Aharon Miller Shlit'a
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Posted 7/13/2020 4:47 PM |
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# 2751 Beginning or the End?
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Q. A person who came to Mincha and after saying Hashem sefosai tiftoch and Baruch ata Hashem realized there are no asara mispallelim (minyan) present. May he say lamdeini chukecha and daven in a later minyan (where there will be asara), or do we say that once he started shemonessrei he may not stop, even though it won't be tefilla btzibbur?
A. Horav Shlomo Miller's Shlit'a opinion is that once he said the name of Hashem at the brocho he should continue with the rest of the amida, even if there is no mimyan. (He may daven a voluntary tefilas nedava later on with a minyan).
Rabbi A. Bartfeld as advised by Horav Shlomo and Horav Aharon Miller Shlit'a
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Posted 7/13/2020 4:30 PM |
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# 2750 Garden Varieties
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Q. Kvod Harav. Thank you so much for all your divrai torah and yard hospitality. It is so good to be able to be back davening betzibur.
I was listening to a shiur today by Rav Shachter shlita and he called into question a practice that is done in backyard minyanim.
According to what he said all ten of a minyan should be in the same room in order for kaddish, kedusha, and kriyas hatorah.
He said that even a mechitza of ten tefachim ( which does exist between two backyards or from a deck to the yard below )is enough to consider it a separate room and create problems. He said if ten are gathered in one space those on the outside can answer amen but ten need to be together.
I am recent to backyard minyanim and maybe this has already been discussed but I was wondering if yourself or if R. Shlomo Miller shlita discussed the matter and if there is sufficient reason to be makpid on this matter?
A. On question 2610 the first of several regarding backyard minyonim, although there are fences between the properties, we wrote "Horav Shlomo Miller's Shlit'a opinion is that although there are dissenting opinions, in times of need even if the fence is tall and one can only see the other participants when standing on his porch, and watching over a wooden fence, he can still be part of the minyan.
A person in quarantine can also join by watching from his property, as Horav Pam Shlit'a commented, "he is not in nidui (excommunicated)."
However, they may accept or even offer to recite kaddish for those unable to come to a minyan.
(See also questions 2629, 2630. 2638, and others)
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit'a
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Posted 7/13/2020 3:36 PM |
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# 2749 The Letter On The Law
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Q. Referring tp Parshas Chukas. Is there a saying of Chazal that even the Mishpatim or the logical mitzvos are also Chukim or laws that we cannot understand?
A. Alshich on Parshas Mishpatim and others amply explain that the reason the Torah ordained that the Mishpatim should be set before the Jewish Nation and not before the Gentiles, even when they judge a certain law similarly to the laws of Israel, is because our Mishpatim are the laws of Hashem and not man-made.
On Parshas Behar (Vayikra 25:1) we read: "And you will do (va’Asisem) my ‘Chukim’ and my ‘Mishpatim’ you will guard (Tishmoru).” The Torah uses a different ordinance when referring to Chukim than when referring to Mishpatim.
Chukim are those laws in the Torah we apparently don't understand the reason for, like the prohibition not to eat meat and milk together or wear Shatnez (linen and wool together). However, Mishpotim are rules that govern the relationships between people. They are decrees for which we presumably know their reason and they actually ‘make sense.’ Examples are the prohibition of killing, stealing and damaging others. These are laws that any civilized society and developed democratic country would enact. The human mind would have come to the realization that these laws are necessary to survive as a civilized society.
Everyone accepts that it is wrong to murder. A society cannot survive when people kill each other. Yet perhaps there will be a government that will rule that in special situations it is correct to permit killing others, as was so popular in Second World War Germany. In our days mercy killing is not unheard off.
Therefore, our Torah commands us, that when it comes to Mishpatim, we have to "guard" them. Do not tamper and meddle with them. Don't rationalize and argue that they don't apply in this special situation. They are after all, also the laws of Hashem.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit'a
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Posted 7/13/2020 3:29 PM |
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# 2748 Save That Vav
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Q. I was leining at Shabbos Mincha and didn't see the traditional Vav Keti'a in the Sefer Torah. Upon closer inspection, I saw that the Sofer had merely used his knife and cut the very bottom of the Vav so that it appeared as if a hair was sitting below the Vav. When I attempted to wipe or blow off the offending hair from the parchment it did not budge leading me to the conclusion that it was indeed not a hair but rather the Sofer's attempt at a Vav Keti'a.
Is the Vav Keti'a obligatory?
I understand that some Poskim maintain that the Vav should not be cut near the top because then it makes it look like there is a Yud there and therefore the Vav should be cut about 2/3 of the way down so that it has the appearance of a Vav, albeit a shortened one. Others maintain that it is not necessary to avoid cutting the Vav near the top since it is obligatory that a Yud have a Kutzo shel Yud and this letter, being a Vav, has no Kutzo shel Yud and thus cannot be a Yud.
A. On question 1133 regarding an unusual shayla in Parshas Pinchas when the baal koreh noticed that someone, probably out of simple ignorance, corrected the Vav-Ketia on the word shalom (you could see that there was some ink added to the gap), if another Sefer Torah has to be taken ou. To what we answered: "There are a number of different opinions in regards to the need, origin and ways to write the vav- ketiah. The Talmud (Kidushin 66b) mentions in the name of Rav Yehuda quoting Shmuel, that the source of the rule that the service (avoda) performed by a blemished (baal mum) Cohen, is invalid, is the posuk: (Bamidbar 25: 12) “Behold, I give him My covenant of peace.” Meaning, as Rav Nachman explains, that since the letter vav of “Shalom” is truncated, it reads rather as “Shalem” or complete and unblemished.
Some maintain the this vav, belongs to the group of small letters in the Torah. (Medresh Rabbi Akiva – Botei Medroshos p.479). Others (Minchas Shai (ibid.) quoting Ritva, Shut. Rabi Akiva Eiger 75, et. al.) opine that it is a regular sized letter but with a shorter foot; larger than a yud but shorter than a regular vav. They also assert, that even the opinions that it is read as a yud, still hold that it is a bit larger than a regular yud (ibid.)
Many avert that it is a regular vav that is split or truncated somewhere in the middle. Where in the middle is also subject to different opinions, as well as the angle of the split (Ohr Torah quoted in Minchas Shai ibid. et. al.).
Some Poskim maintain that the Halacha does not follow Rav Nachman, and there is no vav-ketiah at all. They emphasize that no such vav is found in ancient Sifrei Torah or mentioned in Rambam or Tur-Shulchan Aruch (Pachad Yitzchak – Sefer Torah p, 148, quoting The Venetian Sages). Some communities like the Yemenite, do not have that tradition at all. While Shevet Hakehassi Y.D. 1: 297 mentions it is a Halacha LeMoshe MeSinai.
There is also mention of other vavin ketios in the Torah, such as the vav of “Vatomos Sarah” (Bereshis 23: 2 – Machzor Vitri p. 677) or “Eileh Keruei Haeidah” (Bamidbar 1: 16 – Baal Haturim).
Horav Shlomo Miller's Shlit'a opinion is that it was unnecessary to take out another Sefer Torah, even according to those who maintain that tradition, as it is only a Masores. He also suggested that since this occurred in a weekday, it could have been easily fixed by just scratching the vav with a pin or similar."
The Rov also maintains that if the vav appears to be another letter, such as a yud, following the proper halachos of determining that. another sefer should be taken out."
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit"a
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Posted 7/12/2020 1:01 PM |
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# 2747 The Spreading Firestorm
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Q. Some people connect the burning of the sefarim in Paris on 1242 to the fire on Notre Dame last year. Is there anything to that? (See questions 2730 and 2746)
A.
Last year on Monday evening April 15 2019, the news broke of the
massive fire that almost consumed Notre Dame, the large cathedral in
Paris. The fire took place, very close to the Place de Grève, the
site where 777 years ago, the burning of the Talmud occurred. It was
last year during the week before Pesach, and on that Monday morning
we read Parshas Acharei Mos. We mentioned then the death of Aharon's
two sons, when they drew near before Hashem, and they died by fire
because they offered a strange unordered fire on the mizbeach .
Tragically as that was, it concurred during the inauguration of the
redeeming and life giving Mishkan, that gave us the presence of
the Shechina. As mentioned above, the Torah will demand sacrifice,
but at the same time it is Toras Chaim, or the giver of life.
However,
Horav Shlomo Miller's Shlit'a opinion is to avoid making any such
connections and links with events of the past, as we may not be
accurate
at all.
Rabbi
A. Bartfeld as advised by Horav Shlomo Miller and
Horav Aharon Miller
Shlit'a
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Posted 7/9/2020 5:56 PM |
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# 2746 That Really Burn Us Up
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Q. (See question 2730). Thank you for explaining that unusual fast of Erev Shabbos Chukas. Although I understand the remez (allusion) in the Targum, still what connection does the burning of the sefarim have with parshas Chukas itself?
A. Parshas Chukas refers to the mitzva of Parah Aduma. It represents the quintessential illogical mitzvah that contains and exposes no rational conception of why we do it. We perform the mitzvah simply because it is Hashem’s will. That is exactly its point, strength and the reason why it purifies.
In addition the parsha mentions " Zois Hatorah adam ki yomus b'ohel - This is the law: when a man dies in a tent." (Bamidbar 19: 14). Our Sages explain (Brochos 63b), that this posuk teaches a most important and fundamental principle about learning Torah, namely, that the Torah will not survive and be extant, unless one is ready to give his life for it. ("Meimis Atzmo Aleha"). Those two points definitely connect this parsha to the tragic future events.
There is no question that the burning of that collection of seforim in Paris, at a time when every book was painstakingly written by hand and when many were original and irreplaceable, was a most terrible tragedy. It represented the destruction of generations of Jewish learning and work. It’s estimated that the wagons held about 10,000 sefarim and manuscripts. For how many Sages and Baalei Tosafos, it represented the extinction of a life's work!
Yet as we commemorate that catastrophe, we realize that not only we have survived, the Torah itself has not only survived but multiplied exponentially. As the eternal words said by Rabi Chaninah ben Teradion, testify. He was one of the Ten Martyrs executed for having defied the Roman ban on teaching Torah. When burned alive at the stake together with the forbidden Torah scrolls, which he had been teaching, managed to proclaim with a smile to his many talmidim and followers, for all of history: "I see the scrolls burning but the letters survived, flying up in the air."
True the Torah will demand sacrifice, but at the same time it is Toras Chaim, or the giver of life.
Rabbi A. Bartfeld
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Posted 7/9/2020 5:43 PM |
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# 2745 Casual Dress?
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Q. The Gemara in Pesachim 112 says not to wear clothing for eight days after they were laundered. But there is a takana of Ezra Hasofer to launder on Thursday to have clean clothing for Shabbos (a day later). How are we to reconcile this?
A. Indeed Talmud Pesachim 112b mentions in the name of Abaye that "one who washes his clothes and does not wait eight days before donning them again causes lice to rejuvenate and can cause tzoraas."
However, Ben Yehoyada maintains, as is obvious from the Gemara, that the above only applies to clothing that was infected with lice, but garments that was not infected or had the lice shaken off before washing, can be worn immediately after laundering. He adds that this is the reason we do not wait eight days in our times. However, Taama DeKra (1) mentions that the Chazon Ish was careful in this regard, and did wait.
The simple answer is is that one washes clothing on Thursday following the Takana of Ezra (Baba Kama 82a), but it is for honoring the next week's Shabbos. and one uses it the week after.
Horav Aharon Miller Shlit'a added that there is an opinion that the eight days are counted from the day the clothing was last used.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a
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Posted 7/9/2020 5:20 PM |
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# 2744 A Halfway House?
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Q. I am learning about money management from a secular book. It suggests leaving the house to your children from the first marriage. What does Jewish law say about this if you're in a second marriage? It doesn't seem right for your kids to kick him out, but what if they need the money?
A. Horav Shlomo Miller's Shlit'a opinion is that in principle in Halacha. there would not be any significant difference between the offspring of the first or second marriage. However, there are likely other significant issues involved, that can be decisive and may also be complicated, therefore all details should be carefully considered.
The Rov's usual opinion is that cases that involve monies or properties that different parties have a claim to, should be decided by a Beis Din or Rov that can hear properly and clearly the claims and details of each party.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a
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Posted 7/9/2020 4:08 PM |
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# 2743 Noach Would Be Proud
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Q. My fourth question is: How far can this go? We know that when someone is going through the process of giyur, they are supposed to begin observing all hilchos Shabbos, but still have to do one melacha or shvus privately each week until they finish their giyur. Is it possible for Bnai Noach who are very serious about Hashem, Torah and following the Sheva Mitzvos to voluntarily accept upon themselves to abstain from a lot of melachos on Shabbos, as long as they don't fully stop doing melacha. Obviously, most of them will probably end up doing many melachos even if they don't intend to because of their lack of knowledge of the halachos. But this would be a step beyond my previous question where they would like to abstain from a number of activities beyond not using their phones/computers. Would that be OK?
Thank you, and with great appreciation.
A. See question above, and also questions 521 and 1626 regarding teaching Bnai Noach Torah. On question
1150 regarding if it is permissible for them to put up a Mezzuza on their front door, we wrote; "Although Rambam (Perush Hamishnayos – Terumos 3: 9, H. Melochim 10: 10) teaches that a Ben Noach is rewarded with some remuneration for observing the mitzvos he was not ordained to do, he should abstain from the ones that carry kedusha and tahara, such as tefilin, Sefer Torah and mezuzah. (Ridvaz ibid.)
Minchas Kino'os (9: 35) quotes Talmud Yerushalmi (Peah 1: 1) that Rebbi sent Artaban a mezuzah with the intention of providing some security and protection for him. (It is of interest that Yerushalmi Avoda Zarah 2: 1, says in the future Bnai Noach will accept all mitzvos including mezuzah).
Veshav Verofo (Y.D. 58) quotes Rav Ovadya Yosef zt'l as permitting placing a mezuzah in a Ben Noach's house, when one knows that he will honour it properly.
However, Yalkut Yosef (Kivud Av Va’em 6: 15) mentions that if an ill Gentile father asks his son to place a mezuzah on his door for protection, he should abstain.
Horav Shlomo Miller's Shlit'a opinion is that if the Noahide is careful to honor the mezuzah properly, he may place it in the inner rooms, but not on the outside of the entrance door."
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a
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Posted 7/9/2020 3:50 PM |
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# 2742 The Best of All Fasts
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Q. My third question is:(See questions 2740-41 above): If that is OK, could they then accept upon themselves some restrictions. For example, it is popular today for people to do a "media fast" where they don't use their phones or computers. Would undertaking that kind of voluntary abstinence from technology in addition to honoring the Shabbat be OK?
A. See answer above regarding the observance of Shabbos for a prospective ger.
Horav Shlomo Miller's usual opinion is that "media fasts" should be encouraged as much as possible for all and at all times.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a
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Posted 7/9/2020 3:48 PM |
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2741 Shoimer Sabbath Koidesh
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Q. (See question 2740 above). The second question is one that I am constantly being asked by Bnai Noach. It involves to what degree they may observe Shabbos.
Until now, I have been advising people that while they may not fully observe Shabbos as a Jew would in terms of avoiding melacha, it is probably OK for them to honor the Shabbos. This would mean that they could have special meals, dedicate more time for prayer and study, enjoying the company of friends, enjoying nature. etc.
So my first question is: Is that an acceptable m'halech (manner) for Bnai Noach?
A. On question 112 regarding someone in the conversion process that realizes that he cannot keep Shabbos completely, if he has have to perform an Av Melacha, or suffices violating something Rabbinical, we wrote: "Two reasons are mentioned for prohibiting a Gentile keeping Shabbos. Firstly, the Talmud (Sanhedrin 58b) quotes as a source the verse (Bereishis 8,22): “Day and night they shall not cease (work)”. A second reason is found in the Midrash (Devarim ch. 1,23) that cites the verse; “Between me and Bnai Isroel, (Shabbos) is a sign forever” (Shemos 31,17). See also Talmud Beitzah 16a.
There are Poiskim who maintain that once a Gentile has decided to convert to Judaism, has initiated the process by consulting a Bais Din, and was instructed to begin keeping Mitzvos including Shabbos, (so he will become accustomed to keeping them), he is permitted to observe Shabbos completely. (Toisfois Yshonim, Y'bomos 48b, Responsa Leib Aryeh 33, Ois Leisroel 34, Zahav Mordechai p.55). It is apparent from the Midrash (ibid.) that just deciding to circumcise, will permit him to keep Shabbos. Some Poiskim however, require the Bris to be already done (see Binyan Tzion 1,91).
To avoid desecrating Shabbos for someone in such a situation, a number of suggestions have been proposed; such as wearing a Taalis in a street that has no Eiruv on Shabbos, or to do work immediately after the end of Shabbos, (Since in the Gentile’s day, the night follows the day).
If we are to follow the reason for prohibiting a Gentile to keep Shabbos given by the Talmud (ibid.) that “they should not rest”, both the Rambam (Shabbos 21,1 ) and the Ramban (Beginning of p. Kedoishim) consider a Rabbinic infringement of Shabbos (a shvus), as a breach in the Biblically ordained rest of Shabbos.
Horav Shlomo Miller’s Shlit”a opinion is that it suffices to do a issur d’rabbonon."
The items you mentioned such as special meals, dedicating more time for prayer and study, enjoying the company of friends, should indeed be encouraged, as a preparation for conversion.
Horav Shlomo Miller's Shlit'a is that the same would apply to Bnai Noach.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a
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Posted 7/9/2020 3:34 PM |
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# 2740 No Returns?
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1) June 23 Chukas B. Q. My first (question) is regarding a situation I was asked about from a ger tzedek. He heard that there is talk about conversions being annulled. So, I wanted to ask for him:
Is it ever possible for a Beit Din to rescind someone's giyur, and more importantly, under what kind of circumstances? His concern is that he has an issue with a rabbi in the community, and is afraid to seek resolution or complain for fear that there may be retribution against him with the possible resultant loss of his status as a ger.
A. In principle once someone converted properly, namely by a recognized orthodox Beis Din, immersing properly in a kosher mikva, and accepting to comply with all the mitzvos of the Torah, the conversion cannot be annulled.
It happens from time to time that questions and doubts may surface regarding any of the factors mentioned above and a Posek or Beis Din may decide to repeat the gerus process. It is unlikely it would happen when the Beis Din who undertook and certified the conversion was an accepted and expert Beis Din dedicated to gerus.
The above usually applies, even when after a proper and recognized conversion, the ger does not comply in actual practice with all the mitzvos accepted. (Yebamos 47b. Rambam H. Gerus 13: 17, Shulchan Aruch Y.D. 117: 2).
There are some exceptions to the above, as in the case of a ger kotton or minor who was properly converted together with his parents or by being adopted by a Jewish family. In such case, the minor has the option to rescind the conversion when he or she reach the age of mitzvos compliance. If there is disapproval or rejection of mitzvos at that time, the conversion will become annulled.
There are other more singular situations such as the case mentioned in Igrois Moshe (Y.D. 2: 124), when it was obvious that a woman converted for the purpose of marriage and then the marital opportunity dissolved, questioning if it was a "mistaken gerus" or not. There are other similar cases to be found in the Teshuvos.
There is much debate in Halacha Teshuvos on conversions that were done, when it was obvious that the converts did not have the intention to comply with the mitzvos they openly accepted.
Likely, the best option for this particular ger tzedek is to approach the Rov or Beis Din that did his conversion and ask for their help. in his problem.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a
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Posted 7/8/2020 5:40 PM |
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Important Numbers
