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Have a question? Send it in! Questions are answered by Rabbi Bartfeld.
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# 2281 Holds Promise?
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Q. Is there a source to the minhag that some have to perform a ceremony of Hatarat Nedarim,when a person is a goses or moribund and about to pass away? This is done for the purpose of absolving the dying patient from all vows and promises done in his lifetime? Should it be done?
A. Some Poskim (Pnei Boruch 7: 15, quoting Maavar Yabok and others), do mention such a tradition.
The source to that minhag may be from the Talmud Niddah 30b. It informs us that "An unborn baby does not leave the womb until the angels administer an oath to it, as it is stated: “To Me every knee shall bow,” this is referring to the day of one’s death, “Every tongue shall swear;” this is referring to the day of one’s birth." The Talmud then adds "What is the nature of the oath that the unborn baby is made to take? Be righteous, and be never wicked."
If the Talmud is trying to teach us about an oath taken at the very beginning of life, why does it mention the day of death? The reason is simple; that departing individual is about to stand in trial, and without doubt, he will be questioned if he kept that original oath taken before he was born.
Horav Shlomo Miller's Shlit'a opinion is that, even for those who maintain this minhag, it should be done if the patient is conscious and understands the declaration done."
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 8/7/2019 12:46 AM |
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# 2280 A Staircase Case
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Q. We have an open staircase going down to the basement of our house. We were thinking of making the basement into a home office. How much of a door would have to be added to prevent any issues of Yihud (of the woman in the house) with the workers in the basement? Would a locked half-door (up to the banister) attached to the bottom of the staircase be enough, or would we have to add a wall with a complete door?
A. Horav Shlomo Miller's Shlit'a opinion is that if the door is locked from the upstairs side and cannot be opened by one in the basement by extending his hand over to the other side and unlocking it, (since the key is put away), it
would be permitted on the onset if the door is of normal height and
in need if only ten tefachim high (about one meter).
The Rov added that there should be a separate entrance from the outside of the house to the basement, without going though the upstairs of the house. There should also be independent bathroom facilities in the basement.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 8/5/2019 1:39 PM |
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# 2279 Giving a Hand
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Q. If women related to a dying father in law, uncle or similar visit him and want to hold his hand to provide much needed support, care and appreciation, is that permitted?
A. Horav Shlomo Miller's Shlit'a opinion is that if the patient is unconscious, it could be permitted. It is better if the hand is covered by the bed sheet or blanket. See also question 2237
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 8/2/2019 11:57 AM |
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# 2278 Finishing Davening
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Q. Since, (see prior question 2277), in our days it is difficult to ascertain when a terminally ill patient has reached the stage of becoming a goses, when should the tefilos and the tehilim as well as the recitation of Shema be said, especially when a minyan is present?
A. Poskim (Mekorei Minhagim 87, Nitei Gavriel - Avelus 1: 3: 3, and others) maintain that the customary tefilos ans tehilim (mentioned in Maavar Yabok and others), should not be recited if the patient is conscious and aware of them, since that may cause severe concern and worry and speed the demise. Rather, the ones reciting tehilim should do so in a corner or outside the room.
Horav Shlomo Miller's Shlit'a opinion is that if the patient is unconscious and has reached the goses stage, (see prior question) the customary tefilos and tehilim should be recited.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 8/2/2019 11:55 AM |
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# 2277 The Beginning of the End
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Q. In our times when many terminally ill patients facing an imminent death are likely to be unconscious or wearing a mask connected to a breathing machine or are intubated to a ventilator, when does the patient become a "goses" or moribund, and following Halacha cannot be touched anymore?
A. Shulchan Aruch (Y.D. 339: 1) rules that a goses or one at the final stage of the process of dying, is considered as being alive for all purposes. Even at that phase, whoever does anything that may cause his premature death, is shedding blood and committing murder. Rambam (H. Avel 4: 5) compares it to a sputtering candle, that if one touches it, it goes out immediately. Therefore, if the movement or touching is done for the purpose of keeping the patient alive a bit longer, not only it is permitted but it is an obligation, and one should desecrate Shabbos for even that temporary life extension.
Rema (E.H. 121: 7) explains that a goses is the patient that brings out wetness (bubbles from his mouth or nose), as his lungs can't breath properly anymore. Some maintain that the expression "samuch" or close to death refers to a half an hour or less, (Rabaz 84).
Horav Shlomo Miller;s Shlit'a opinion is that when we do not know if the person is already a goses or not, we should treat him as before, since we maintain the "chezkas chaim" or established status the he had until now. However, the medical opinion and the experience and common sense of the ones familiar with similar situations, such as Rabbanim present prevails.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 8/2/2019 11:52 AM |
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# 2276 The Score on Settling II
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Q. (See question 2265 regarding a couple transitioning to live in Israel). Does this mean that in year two, one should be most of the year, does it have to be every year 6 months in a row dafka? there could be a simcha in chutz laretz in the middle of every six month period, even though spending 10 months out of the year in Eretz Yisrael
A. Horav Shlomo Miller's Shlit'a opinion is that one may interrupt the six months required stay in Eretz Yisroel for temporary and occasional visits outside the land, and still keep only one day of Yom Tov, as long as one stays a total of six months including the three Regalim, every year.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 8/2/2019 11:35 AM |
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# 2275 Toss a Cohen?
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Q. Can a Cohen visit Kever Rachel? Can a Cohen enter the burial cave of the Sanhedrin?
A. (See question 2274). There is a tradition ascribed to Rabbi Yitzchak Alafia, that Kever Rochel was built in such a way that it is permissible for Cohanim to enter. (Ahavas Hashem p. 128, See also Divros Eliahu 35, Tzitz Eliezer 16: 18, and others that are lenient).
However, Zais Raanan (2: 26) quotes Horav Shmuel Salant's zt'l ruling that it is Biblicaly prohibited for a Cohen to enter Kever Rochel.
Avnei Yashfa (Y.D. 3: 101: 2) permits Cohanim to touch the outside walls of Kever Rochel.
Nitei Gavriel (Avelus 91: 2: n. 4) writes that in practice the majority of Gedolei Yisrael, including R.S.Z Auerbach, R.M. Feinstein and the Rebbes of Belz, Satmar and Lubabitch zt'l, prohibited Cohanim from entering all ancient kevarim of Tzadikim including the kevarim of Meron.
Horav Shlomo Miller's Shlit'a opinion is similar also in regard to the kever of the Sanhedrin.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 8/2/2019 11:32 AM |
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# 2274 The Just Don't Get It
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Q. Can a Cohen visit the historical kevarim of tzadikim (graves of the just) from centuries ago, if they are separated from a cemetery?
A. Although Ramban (Yebamos 61) maintains that the kevarim of Tzadikim don't convey tumah, and that is why Eliahu Hanavi dealt with the kevura of Rabi Akiva, most Poskim prohibit Cohanim from entering or visiting the burial places of tzadikim. Peas Hashulchan (2: 18) writes that Cohanim should be impeded from entering the kevarim of Tanaim, Amoraim and Geonim, since their claim that the kevarim of Tzadikim do not convey tumah, is incorrect, and even the kevarim of the Patriarchs convey tumah. Pischei Teshuvah, (Y. D. 372: 2), Batei Kehuna (22), Kitzur Shulchan Aruch (202: 14) and others maintain the same opinion.
Tuv Taam Vedaas (3: 2: 231) asserts in regard to the kever of the Tzadik of Tchernovil zt'l, that even the ones who maintain that Tzadikim don't convey impurity, it is only before, but not after burial.
Horav Shlomo Miller's Shlit'a opinion is to follow the accepted opinion of the Poskim and prohibit Cohanim from entering any kever.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 8/2/2019 11:22 AM |
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2274 Fast or Feast?
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Q. If someone always makes a seuda with meat on every Rosh Chodesh, can he also do so on Rosh Chodesh Av? Especially when it falls, as in this year on Friday and Tisha Beav is nidche?
A. Many Poskim maintain that one should abstain from eating meat on Rosh Chodesh Av (Maharil, 551, Mogen Avrohom (ibid 26), Maamar Mordechai (ibid. 9), Mishna Berura (ibid. 56) and others.
However, some permit for those who do so on every Rosh Chodesh (Chavas Daas, 26, Chida - More Baetzva 8: 233, Kaf Hachaim 26, mentions that this was the tradition of the Sefaradim in Yerushalaim.
Shulchan Aruch (O.H. 580) counts Rosh Chodesh Av as a day of fasting and Taanis Tzadikim, since it is the day of the petirah of Aharon Hacohen,
Horav Shlomo Miller's Shlit'a opinion is that one should follow the minhag of his family or community.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 8/1/2019 6:05 PM |
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# 2273 Have an Early Night
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Q. Does one need to be machmir for the halachos of the nine days starting from shekiyah or only from nightfall? Maybe one could argue that it is a question of a Rabbinic law where we are often lenient. Thank you.
A. Poskim maintain different opinions. Mogen Avrohom (551: 26) rules that the prohibitions of the Nine Days, including eating meat, begin at the nightfall on the eve of Rosh Chodesh Av. However, he mentions, that some abstain from the beginning of sunset. Pri Megodim (E.A. ibid), Nitei Gavriel (Bein Hametzarim 1: 26: 7), and others prohibit from the shekiah. (see Mishna Berura ibid. 56).
Kaf Hachaim (551: 22) maintains that if one recited the Maariv of Rosh Chodesh early, even if still before the shekiah (after plag hamincha), the prohibitions already apply.
Mekor Chaim (551), Sdei Chemed (Bein Hametzorim 1: 11) quoting Mishkenos Haroim, Taamei Haminhagim (634), maintain that there is a tradition to eat meat on Erev Rosh Chodesh Av and stop before the shekiah, to manifest openly that the prohibition has began. However, Yisod Veshoresh Hoavodo, asserts that one should fast on Erev Rosh Chodesh Av.
Horav Shlomo Miller's Shlit'a opinion is that one should abstain from the shekiah onward.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 8/1/2019 6:02 PM |
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# 2272 Who Am I?
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Q. I'm a Yeshiva bochur learning successfully in a well known Yeshiva and I plan to stay in learning after I get married. I became aware since I became bar mitzva that I'm an adopted child, and I underwent as a baby a proper gerus kehalacha. I recently also became aware that it is possible these days in this state, to find out who your real parent were.
I was able to find out from other adopted kids from the same adoption service, that there is a chance that some of my biological forefathers were actually Jewish. Naturally I have a great natural desire to find out who I am and if I may be even a Cohen.
I'm very interested to know what Horav Miller's opinion is if I should pursue and continue in my search. According to the Halacha, do I have to proceed so I will marry correctly and not do any issurim? My parents left the issue open to my decision. What is the correct thing to do?
A. Igrois Moshe (Y.D. 4: 104) rules that for all practical purposes we follow the holchin acharei harov majority rule, and an adopted child is usually after proper gerus considered a ger.
Horav Shlomo Miller's Shlit'a opinion is that you are not obligated to research and find out what your genealogical background is. The Rov added that there is a possibility that this type of search may turn out detrimental to you and it may be better not to pursue the search. There are other more meaningful ways to understand your true spiritual identity and who you really are and what are your particular ways in life to follow. (See Introduction to Mesilas Yesharim).
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 7/31/2019 1:26 AM |
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# 2271 Lamdanut on the Coconut
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Q. What bracha you make when drinking the coconut water, when served as a mixed drink in the coconut itself?
A. Ben Ish Chai (Pinchas 9) mentions that the dark (or black) melons (avatichim or coconuts) that sometime contain water in them, if one just drinks the water and does not eat the fruit, the brocho is shehakol. However, if he eats the fruit also, he does not need to recite shehakol, since the brocho for the coconut will exempt it. Horav Shlomo Miller's Shlit'a opinion is similar, the haetz recited on the coconut will exempt the shehakol for the water, even if one eats only a bit of it.
The Rov added that sometimes the coconut is served as a pricey inebriating beverage, as is common by the sea resorts. The drink then becomes primary, while the fruit just serves as a decorative jug or glass, that is normally just discarded. Then even if one eats the fruit, no haetz is recited, since the fruit is secondary (tofel) to the drink and would be exempted by the shehakol recited on it.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 7/26/2019 6:26 PM |
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# 2270 Donkeys Welcome?
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Q. Is it proper to perform a Pidyon Peter Chamor ceremony (redemption of a firstborn donkey) in a shul.
A. Vayoshov Hayom (2: 15: p. 253) quotes that the Peas Hashulchan arranged a Pidyon peter chamor and they adorned the donkey with gold and pearls. Then. with a parade accompanied with trumpets and drums, the complete community took it to the Beis Haknessess, where the pidyon was performed. Similarly, Nohagu Ha'am (p. 175) mentions that in year 5736 a pidyon peter chamor was celebrated, at the Beth Hakenesset Chida in Bayit Vegan, Yerushalaim.
However, Yalkut Peter Chamor (p. 146) mentions that only some would do it in a shul.
Horav Shlomo Miller's opinion was that it depends one the minhagim and traditions of each place. Some may regard as improper to bring a donkey into a shul.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit'a
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Posted 7/26/2019 1:49 PM |
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# 2269 The Priors New Clothes
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Q. May one don a brand new suit during the Three Weeks prior to Rosh Chodesh if the sheheyanu was already recited soon after acquisition (one did not actually make a sheheyanu on the beged, but rather had them in mind when making kiddush on leil Shavuous?
A. Shulchan Aruch (O.H. 551: 17) writes that it is correct to avoid reciting shehecheyanu during the days of Bein Hametzarim on new fruits or clothing. Sefer Chasidim (840) and Magen Avraham (ibid. 42) explain that since it is a time of puraniot and disastrous events, one should avoid this blessing then.
Poskim disagree whether it is permitted to wear new clothing even when one is allowed to recite shehecheyanu, such as in Shabbos (Mateh Moshe 697, Mishna Berura ibid. 98 quoting Hagra), while others prohibit, especially if it is an important and significant garment and there is great joy in wearing it. (Eliahu Rabba - ibid. 17, Derech Hachayim - ibid. 6, Toras Chayim - ibid. 122, et al).
Horav Shlomo Miller's Shlit'a opinion is that in your case or any other instance when no blessing is recited, such as when one blessed at the time he purchased the item, one should still avoid wearing significant and noteworthy new clothing.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 7/26/2019 1:45 PM |
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# 2268 The Law of the Tablets
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Q. Does a pill-splitter used to cut tablets in half require immersion in a mikva?
A. Horav Shlomo Miller's shlit'a opinion is that the pil-splitter does not require tevila, since it is not used for preparing or holding foods, just medicine, and therefore does not constitute a "Kli Seudah"
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 7/26/2019 1:36 PM |
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# 2267 The Book Cover Shaila
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Q. One who lives with non-frum parents who might or will confiscate a sefer if they see it, may he place goyishe books on top of his seforim so that his parents won't see it?
Similarly, one who comes from a Litvishe mishpacha, and his parents will be upset if they find chassidishe seforim, may he hide them by placing something on top of them, such as clothing or other things?
A. Horav Shlomo Miller's Shlit'a opinion is that someone subject to this type of issues, should be prepared and have at hand a suitable cover, such as a clean towel, small tablecloth or similar, to cover with proper decorum and propriety the seforim as needed. He might also include a handy briefcase, box or bag, furniture drawer, etc. nearby.
In case of need, if the sefer is in danger of being discarded or destroyed, one may indeed use the method you mentioned. (See Brochos 18a, Shulchan Aruch Y.D. 282: 3, in regard to the permissibility of placing a Sefer Torah under the donkey's saddle in order to protect it from being stolen).
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit'a
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Posted 7/26/2019 1:33 PM |
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# 2266 Coating the Tzitzis
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Q. Which is better - to wear one's long (but old) weekday tzitzis on Shabbos, or wear Shabbos tzitzis that have a proper shiur and which are clean and new, but the Shabbos tzitzis are too short to be seen under one's long jacket worn on Shabbos and therefore one is not able to comply with the idea of having one's tzitzis be visible?
A. Shulchan Aruch (O.H. 8: 11) writes that the main mitzva of a taalis kotton is to wear it over his cloths, so he will always see it and remember the mitzvos. Mishna Berura (ibid. 11) quotes Magen Avrohom and Kisvei Hoarizal, that the taalis itself should be covered but the tzitzis should be seen outside.
Vayoshov Hayom (3: 4: p. 387) quotes Chida, Sheloh and others, that the bottom tip of the tzitzis should be seen under the coat (meil). Yalkut Yosef (8: p. 99) mentions that it suffices if they are seen when sitting down.
Horav Shlomo Miller's Shlit'a opinion is that one does not need to have his tzitzis protruding from under a long coat, a raincoat or a winter coat, worn during the week or on Shabbos, as is the common and normal custom of many.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit'a
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Posted 7/26/2019 1:32 PM |
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# 2265 The Score on Settling
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Q. There is a couple transitioning to live in Israel. Next year they are there a month straight, the next year six months, coming back to visit the rest of the time. At what point are they Halachically considered residents of Eretz Yisrael particularly in regards to keeping one day of the Shelosh Regallim.
A. Horav Shlomo Miller's Shlit'a opinion is that one is considered in Halacha a resident of Eretz Yisroel for the purpose of keeping only one day Yom Tov, when he stays six consecutive months a year in the land, and is planning to continue to do so in the future.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 7/26/2019 1:21 PM |
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# 2264 Mixed Message
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Q. Re- above question on creating a message using unattached Scrabble letters: Is there a problem with borer, (choosing - one of the prohibited actions on Shabbos), since one is choosing the letters now, but the message will be received at a latter time, when the people arrive?
A. Horav Shlomo Miller's Shlit'a opinion is that if one scatters the Scrabble letters on a wide surface, there is no borer issue, since the letters are not mixed together.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 7/26/2019 1:12 PM |
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# 2263 The Law of the Letter
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Q. Re- Question 2259 - Playing Scrabble on Shabbos; Can one place a message for his family or guests on a table by using Scrabble letters not attached to anything, but covered with a heavy glass utensil, such as a transparent rectangular pyrex container or similar, so the kids won't grab or move the letters? The covering glass is not touching the letters, just protecting them.
A. As mentioned in question 2259; Poskim permit placing letters together on a board or similar and form words, when the letters are not fixed or attached to the board, or to each other, or when not being held together by a surrounding frame. (Shemiras Shabbos K’ 16: 23, Piskei Teshuvos 34: 16, quoting Igros Moshe O.H. 1:135 and Chaye Adam 37:6).
Horav Shlomo Miller's Shlit'a opinion is that although in principle it is permitted, it is preferable to avoid when not in need.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 7/26/2019 9:15 AM |
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