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Have a question? Send it in! Questions are answered by Rabbi Bartfeld.
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# 2387 If it Ain't Broke...
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Q. A Sefer Torah that is constantly read on Parshas Pinchas and was found to have at least three letters where the ink cracked and fell turning the Sefer pasul, can you just fix the letters erased on that parsha or do you have to check now the complete Sefer Torah?
A. Horav Shlomo Miller's Shlit'a opinion is that if the Sefer was used mainly to be read on Yom Tov or similar occasions when we read Parshas Pinchas, it is likely that the extended use of that particular parsha created the problem and the rest of the Sefer does not have to be checked, if there was no information that other locations have been affected. However, Parshas Pinchas and other neighboring areas that could have been damaged by the extended use, should be inspected and fixed properly.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 10/24/2019 11:03 PM |
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#2386 Asking About Asking
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Q. Can one enter the unlocked suka of a friendly neighbor built on his front yard, without his knowledge (he is not home), to eat one's own food and leaving everything as clean as it was?
A. Remah (O.H. 627: 3) rules that on the onset, one should not enter the sukka of a friend without his permission. Mishna Berura (ibid. 9) maintains that one may enter if he knows that the owner is not present and will not be arriving while he uses the sukka, and be disturbed by his presence. This permission is based on the principle that a person agrees that a mitzva should be performed with his property, as long as there is no loss (see question 1559).
Kaf Chachaim (ibid. 15) asserts that if the suka is well decorated and contains chairs with pillows and fresh tablecloths, one should not enter without asking permission.
Horav Shlomo Miller's Shlit'a opinion is similar in case of need.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 10/24/2019 10:08 PM |
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# 2385 Pictures Worth Some Words
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Q. My siblings want to interchange some family pictures from our grandfathers that we place as decorations in our sukkos. (We give them ours and take theirs). Is that permitted during Chol Hamoed?
A. Poskim disagree if one can remove from the sukka decorations that will not be used anymore during sukkos, without any need or reason. (Shoel Umeshiv 3: 28, Lehoros Nossan 7: 48-49).
However, they permit placing them in another sukka (Tzitz Eliezer 13: 67, see Piskei Teshuvos 638: 6).
Horav Shlomo Miller's Shlit'a opinion is similar.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 10/24/2019 9:42 PM |
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# 2384 A Cloud With a Silver Lining
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Q. I have learned that the Ananei Kavod would launder and press the clothing of the Bnai Yisroel while on the desert, how could then they exit their tents and go to the Mishkan on Shabbath?
A. Rashi on the posuk (Devarim 8: 4) " Simloscho - Your clothing did not wear out upon you," quotes the Pesikta that teaches: "The clouds of honor would rub their clothes and clean them so that they looked freshly laundered."
Ohr Hatorah (Eikev p. 364) mentions that during their forty-year stay in the desert, the people did not change their clothing at all, even for Shabbos, since the ananei kavod would make them look like new constantly. It is possible that this did not occur during Shabbos, similar to the mon that did not descend on that day.(Both are mentioned in adjoining psukim).
On question 316 regarding drinking from Miriam’s well on Shabbos, in which a Midrash teaches that water did not constantly flow from the well, as it only came when people came close to it. If so should it not be prohibited on Shabbat as it would be similar to a motion detector
To what we answered: It is difficult to envision what would be the Biblically prohibited melocho involved when making the water flow. Even if there is one, Horav Shlomo Miller Shlit”a explained that anything that works by the powers of a miracle is not included in the prohibitions of Shabbos. (Horav Dovid Pam Shlit'a added that the effects of the Ananei Kavod may not be subject to going out of one's tent at all).
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 10/24/2019 4:31 PM |
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# 2383 Vital Concentration
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Q. (Re - question 2382.) Are the above intentions essential? If someone did not have kavana on the ananei kavod, did he not comply with the mitzva and has to repeat eating with a new bracha?
A. Mishna Berura (625: 1) rules that one should intent while performing the mitzva of sukka that we exited the slavery of Mitzraim and merited the Ananei Kavod. However, these kavonos are only for performing the mitzva properly and correctly. Nonetheless, if one did not have those intentions in his mind, he still complies after the fact with the mitzva, as long that he intended to perform one.
Other Poskim disagree and maintain that without the added intention required by the posuk "lemaan Yedu," one does not comply with the mitzva and should repeat it. (Bach 625 and 8, Bikurei Yaakov 625: 3, Beis Yitzchok Y.D. 2: 168, Moed Lekol Chai 20, and others).
Horav Shlomo Miller's Shlit'a opinion is similar to the Mishna Berura.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 10/24/2019 4:03 PM |
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# 2382 Paying Undivided Attention
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Q. In regard to the intention needed when sitting in the sukka , should one preferably have both kavanot together, clouds of honor and real sukkot, in his mind at the same time? or maybe they are contrary and oppose each other?
A. P'ri Megodim (M"Z 625) maintains that one can focus and concentrate on both intentions at the same time as they are not mutually exclusive.
Chassam Soffer (Droshos 1: p. 55) quotes from Chayei Adam that they were indeed both types of sukkos present while in the desert. For those in a higher spiritual state the ananei kavod was their main abode. For those who were expelled from the machane and had to camp outside of the protection of the honor clouds, they had to build their own material sukkos. (See Piskei Teshuvos 625 : 1: n.3).
Horav Shlomo Miller's Shlit'a opinion is that the main kavana should be on the ananei kavod as is the opinion of Shulchan Aruch (O.H. 625: 1). However one may preferably concentrate on the real sukkos too.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 10/24/2019 4:01 PM |
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#2381 With the Best of Intentions
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Q. Since intention is a very important part of any mitzva, what is the right kavanah that one should have when making the bracha on the sukka? the intention to remember the Ananei Kavod (clouds of honor) or the material sukot that the nation constructed when exiting Mitzraim?
A. Talmud Sukka (11b), mentions a disagreement between Rabi Eliezer and Rabi Akiva as to what the posuk “I made the children of Yisroel reside in sukkos” (Vayikra 23: 43), is referring to. Rabi Eliezer maintains that they were clouds of honor, while Rabi Akiva opines they were actual common sukkos.
Shulchan Aruch (625: 1) rules that they were clouds of honor that protected the nation from the heat of the sun. So also do Rashi and Ramban. Since we usually follow the opinion of Rabi Akiva in a disagreement with Rabi Eliezer, Bach explains that they follow the translation of the Targum.
However, P'ri Megodim (M"Z ibid), quotes Rashbam who rules like Rabi Akiva. While Birkei Yosef mentions that there is a variant version of the Talmud that reverses the names of the opinions quoted.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 10/24/2019 3:58 PM |
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# 2380 Spitting Image of a Spit In?
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Q. Is it really correct that Horav Shlomo said in a shiur that one may store and save his saliva for use during Yom Kippur to swallow necessary medical pills?
A. Mishna Berura (567: 13), quotes Magen Avrohom that it is permitted to swallow our owns saliva, even though we rule that it is not permitted to drink even liquids that are not fit to drink, swallowing saliva is different, since the intention is not for drinking at all.
Bach (612). cites different opinions regarding how much saliva is one allowed to swallow in Yom Kippur. Chayei Adam (132: 22) and Mateh Ephraim (ibid. 22) maintain that on the onset one should preferably avoid swallowing saliva that has accumulated in the mouth.
Moadim Uzemanim (1: 59) mentions that Hagra'ch Soloveitchik and the Brisker Rov zt'l were extremely careful not to swallow their own saliva when it accumulated during Yom Kippur.
However, many Poskim are lenient and maintain that this is not the accepted tradition. (Beis Meir, Eishel Avrohom Butchatch; 613. Aruch Hasulchan ibid. 4, Piskei Teshuvos 567: 2). Excepting, when particles of food are still in one's mouth. at the beginning of the taanis.
Moadim Uzemanim (ibid.), adds that on Yom Kippur, one should not intentionally accumulate saliva in one's mouth and then swallow it.
Horav Shlomo Miller's Shlit'a opinion is that when in need for swallowing necessary pills, it is permitted to store one's saliva even in a cup and save it for use during Yom Kippur.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 10/18/2019 2:41 PM |
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# 2379 If You Can't Beam Them, Join Them?
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Q. Can one join two beams with plastic zip ties, to use them when placed across the width of a large Suka,(20 ft.), as a base for the schach? Would it be permissible to join them with bolts?
A. Horav Shlomo Miller's Shlit'a opinion is that it is permitted since it is considered only a "ma'amid dema'amid" or indirect support of the schach with items that cannot be used for schach (plastic zip ties and bolts). The schach rest on the beams, and the beams are joined by the ties. However, the Rov mentioned, that the opinion of the Chazon Ish is to be stringent even on any number of ma'amidim.
(As far as the holes created on the beams for the bolts, the Rov maintains that it does not disqualify the beams for schach.)
Instead of joining the beams with questionable plastic ties (including their strength safety), one may try using triangular beam placement on the corners of the suka, and then continue joining the rest.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 10/13/2019 1:20 AM |
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# 2378 A Late and Lonely Kol Nidrei
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Q. I'm a physician that has to be present the night of Yom Kippur at the operation of a patient that may be Jewish. I can't refuse being there since I had already accepted doing it in that afternoon, but the time were changed. I will have to daven that night by myself. Do I say Kol Nidrei? Should I try to find three other people?
A. Horav Shlomo Miller's Shlit'a opinion is that you should try you utmost to be replaced by others, explaining the importance of what keeping Yom Kippur means to you, and that for you it is a practical emergency not to attend.
It it cannot be avoided and you assess that you have to attend because the life of the patient is at risk, you should consult a competent Rabbi as to the details of your attendance.
When you daven later even late at night, you do recite Kol Nidrei by yourself and you do not need the presence of a court of three. You likely already said Hataras Nedarim on the eve of Rosh Hashana.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 10/13/2019 1:11 AM |
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# 2377 Tough to Lock Neilah
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Q. May one daven Neilah at great length, pronouncing the words with great concentration and adding many requests and supplications, even though this will cause him to miss saying the selichos of Neilah and possibly not to daven Maariv with the minyan?
Or should one rather shorten his supplications in order to participate in selichos and Maariv?
A. Horav Shlomo Miller's Shlit'a opinion is that one may extend his Neilah amida with great concentration and adding many requests and supplications, but he should daven Maariv with a minyan.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 10/13/2019 1:01 AM |
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# 2376 Stop The Music
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Q. There is a type of music called EDM which is music made by a computer with no words. This type of music generally has a very fast and exciting beat. In the goyish world, this type of music is generally used in very hefker settings, to say the least. What is the halacha (lechatchila) of a yid listening to goyish electronic music with no words? Does the halacha change if it is being used to help one exercise?
A. Horav Shlomo Miller's Shlit'a opinion is that one should stay away from this type of music, since it represents, implies and reflects very negative issues and images.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 10/13/2019 12:43 AM |
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# 2375 Respect to Your Pay
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Q. One who is being paid to daven with a certain minyan and one day he came but there was no minyan (they didn't have ten people), does he get paid for that day?
What if the doors of the shul were locked until 30 minutes after the scheduled starting time - at what point does one have the right to say that he will not wait any longer for them to open up the shul and will daven elsewhere? And if he decides to daven elsewhere, does he get paid for coming?
A. Horav Shlomo Miller's Shlit'a opinion is that if the paid mispalel showed up but there was no minyan, he does get paid for that day, unless it was specified otherwise.
The Rov also maintains that a half an hour is a reasonable time lapse, (as it is the time davening can take) for not having to wait more and being paid, unless specified otherwise.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 10/11/2019 2:36 AM |
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# 2374 Rest Assured
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Q. Re- question above if one sleeping can be counted for a minyan. If he does count as one of the first ten, and he feels that he is falling asleep, should he better stay inside the shul, and not go to another room for a fast nod off?
A. On question 2152 regarding sleeping in a shul or beis medrash we wrote: "Shulchan Aruch (O.H. 151: 2-3) permits sleeping in a beis hameresh and in need even in a shul, Mishna Berura (ibid. 16) quoting R’A Eiger debates the permissiveness, but concludes that for a Talmid Chacham who constantly learns there, even a night sleep is acceptable.
Kinyan Torah (4: 15) quoting Divrei Chaim mentions that there is added leniency in Chassidik shuls that were established with specific tolerant conditions and therefore referred to as a “shtivel” or a room.
However, Horav Shlomo Miller’s Shlit’a opinion is that it is better, for the kavod and honor of the beis hamedresh to exit to another room and sleep there even temporarily, when possible."
The Rov maintains that the same would apply in this case, once there is a minyan without him.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 10/11/2019 2:27 AM |
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# 2373 Sleep On This
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Q. A person who came to shul among the first ten, and upon arrival fell asleep at a shtender, and when he woke up at the beginning of davening, the beis medrash was full - does he get credit for being among the first ten, even though at the time he was asleep, he did not count for the minyan according to some opinions?
A. Shulchan Aruch (O. H. 55: 6) rules that one sleeping can be counted for a minyan. Mishna Berura (ibid. 34) quotes the Taz and Pri Chodosh dissenting opinions than one asleep is considered as similar to a "shote" (deranged) and cannot be included. However, he maintains that although on the onset he should be wakened, after the fact he counts for the minyan.
Biur Halocho (ibid.) mentions to be stringent on the repetition of the amida, since it could entail reciting brochos in vain.
Piskei Teshuvos (ibid. 12) mentions additional stringent opinions that the inclusion may depend on the position of the sleeper and whether his face is covered, or not.
Horav Shlomo Miller's Shlit'a opinion is that being credited as being among the first ten would depend on the opinions above mentioned. However, the Rov maintains that for many halachos such as gittin etc. the sleeping are not considered shotim.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a.
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Posted 10/11/2019 2:24 AM |
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# 2372 Mind Your Driving
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Q. What is the halacha regarding one who drives in a manner in which disregards traffic laws such as speed limits and stop signs, but he makes sure to be safe and respectful to other drivers?
A. Horav Shlomo Miller's Shlit'a opinion is that disregarding traffic laws may be prohibited by the Halacha of Dina Demalchusa or our obligation to observe and obey the laws of the land, besides their may be a strong possibility of creating a Chilul Hashem by the ones observing his traffic violations.
We may add, that even if this individual thinks he is making sure to be safe, the reality of the unexpected and sudden conditions and constant changes and circumstances of traffic in a road, may easily prove him wrong. Therefore he is endangering the life, limb and property of others.
The Rov maintains that if one is truly careful, the last point may not necessarily apply.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 10/11/2019 2:14 AM |
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# 2371 Accounting For Tastes?
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Q. Does one recite a bracha on water if one is not thirsty, but has some enjoyment from the temperature of the water (such as one who drinks a nice cold cup of water or a very hot cup of water, where there is a certain degree of enjoyment from the temperature of the water) even though he does not feel thirst?
A. On question 1454 regarding a brocho on drinking water right before the beginning of a taanis, for preventing thirst later, we wrote: "On question 1409, in regards to reciting a brocho when drinking water from a mineral spring that has therapeutic value and also has a good taste, we wrote;
Poskim disagree if you drink water when you are not thirsty and you drink just for medicinal purposes, if you should recite a brocho. Some maintain that no brocho is recited, but you say a prayer for refuah. (Shaarei Halocho Miluim 36, quoting Tzemach Tzedek). Others maintain that since after all the water is tasty, you should recite a blessing (Shoel Umeshiv 5: 23, Binyan Tziyon 10 and 3: 7, Sdei Chemed Maareches Brochos 7). There is one opinion that even if the waters are not tasty you should express a blessing (Tehila Ledovid O.H. 204)
Horav Shlomo Miller's Shlit'a opinion is that if someone feels a pleasant or desirable taste when drinking the mineral water (such as the bubbliness or effervescence of gas present or the flavor of the salts), he should recite a brocho even if he is not thirsty. The therapeutic value of the water is of no consequence.
It would seem from the above that when people are not thirsty and only drink to avoid thirst later on, they should not recite a brocho, since they don't derive any pleasure now.
However, Nitei Gavriel (Yom Hakipurim 23: 2) quotes that the Imrei Emes maintained you do recite a brocho. He explains that this may be similar to the ruling of the Biur Halocho (204: 7) that one recites a blessing when drinking water just to wash down the food one just ate. This is because he does derive pleasure and a good feeling, if not directly from the taste, but from the food now digesting properly in his stomach. Nitei Gavriel recommends to make a brocho omitting Hashem's name.
Horav Shlomo Miller's Shlit'a opinion is not to make a brocho, but the Rov recommends placing a bit of sugar or other product that will give a bit of pleasant taste to the water."
The Rov recommends the same in this case. However, he mentioned that likely in this case, one would experience some pleasure from drinking the hot or cold water.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 10/11/2019 2:04 AM |
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# 2370 The Yom Kippur Pains
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Q. I daven in a shul that is frequented by baalei teshuva, and I have seen some very weird practices and customs that some adopted. Is it correct to place little stones or gravel on one's tennis shoes on Yom Kippur and walk around in pain with them for penitence? I have seen a few stand the whole day in their place without going to sleep or even moving, is that allowed?
A. On question 1459 regarding if there is a mitzva of simcha on Yom Kippur we wrote: "Talmud (Taanis 30b) teaches that there were no greater Yomim Tovim than Yom Kipur' since it was a day of forgiveness and redemption. Rabbenu Yonah (Shaarei Teshuva 4: 8) mentions that the seudos (feasts) one celebrates on Erev Yom Kippur, are related to seudos of Yom Tov, See Sichos Rav Sh. D. Pincus (p. 287). He also mentions (p. 339) that since it is also the day of the giving of the Torah, (2nd. Luchos) it became 'Beyom Simchas Libo,' Yom Kipur is also included on the two Torah chapters of the moadim and is included in the hekesh comparison that unites them all.
The issue appears to hinge on a dispute among the tanna’im in the mishna in Moed Katan (19a) as to whether or not Rosh Hashanah and Yom Kipur cancel aveilus. As we accept Rabban Gamliel’s ruling, that “Rosh Hashanah and Yom Kippur are like the Shalosh Regalim with respect to aveilus, we may deduce that according to Halacha, the simcha obligation indeed applies on Yom Kipur too.
If someone mistakenly recited the brocho of 'Lehadlik ner shel YomTov' on Yom Kipur candle lightning instead of 'Ner shel Yom Hakipurum,' Poskim maintain that after the fact he complies and he does not have to repeat the brocho. (Maharam Brisk 2: 44, Kovetz Sifsei Chachomim, Hisorerus Teshuva 122, Nitei Gavriel 25: 6. See also Kovetz Halochos 28: 2)
However, Maseches Sofrim (19: 6) maintains that we do not mention (on the tefilos) on Yom Kippur that it is a Yom Tov, Moed or simcha, since there is no simcha without eating.
Similarly,Mateh Efraim (582: 2) opines that when Yom Kippur coincides with Shabbos, we recite; 'Boyi beshalom' betzahala, and omit besimcha.
As we mentioned in regards to Rosh Hashana (Q. 1437 and 1438) the shalmei simcha offerings are not brought, and there is no requirement to partake of the sacrificial meat of shelamim; and on Yom Kippur we fast.
Horav Shlomo Miller's Shlit'a opinion is that there is a mitzva of simcha on Yom Kippur, but different than on the other Yomim Tovim."
Besides the mitzva of simcha, Mishna Berura (610: 9) quotes that one must honor Yom Kippur by wearing clean clothing and lighting candles. Talmud (Yuma 74b) teaches that although, the Torah instructed us that on Yom Kippur we must afflict our souls, should we then seat by the heat of the sun or outside in the cold to torment ourselves? That is why the Torah added: No melacha or work should be done. Just like that is a negative prohibition of refraining from work, similarly the affliction ordained is only in abstaining from food and drink etc. and not in active torture and distress.
Piskei Teshuvos (610: 4) quoting various sources rules that besides the five afflictions of abstention that our Sages gave us, it is prohibited to commit additional actions that cause pain and distress and he quotes the Sheiltos and others sources mentioned above. The sources assert that there is indeed a mitzva of simcha and oneg on Yom Kippur too. Elef Hamogen (ibid: 16) mentions that placing stones or gravel inside shoes, is prohibited also by the interdiction of following the ways of the worshiping nations.
Horav Shlomo Miller Shlit'a mentioned that there may be also a muktza prohibition involved on the stones and gravel.
The Rov also pointed out to the Yesod Veshoresh Haavoda (2: Shaar Hoeisson 10) where he stresses again and again how crucial it is that the afflictions of Yom Kippur, should all be done with great simcha and love to Hashem.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 10/7/2019 8:59 PM |
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# 2369 A File on Charges
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Q. I have an internet service that scheduled and charged my credit card on Saturday (or Yom Tov).
Is that a problem?
Can you respond quickly - not sure if I have to do anything?
Thank you
A. Horav Shlomo Miller's Shlit'a opinion is that if no specific instruction were given for the charge to take effect on Shabbos and it is done each time automatically without your acceptance or agreement, it is permitted.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 10/7/2019 8:28 PM |
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# 2368 Shiur on Shiurim
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Q. I was also wondering, one that can't fast the complete day on Yom Kippur, but has an option of eating shiurim or small amounts from the morning on, and that will be enough for him to fast the whole day. Should he do that or better don't eat at all, until he has to eat a complete meal later on during the day?
A. Igrois Moshe (4: 121), Shemiras Shabbos K' (39: n. 69) quoting RS'Z Auerbach zt'l, Mikroei Kodesh (40) quoting RZ'P Frank zt'l and others maintain that it is better to begin eating shiurim early in the day. Others assert that it depends on the case. If the patient is already in a state of illness that carries some danger to life, it is better to begin eating shiurim early in the day. However, if the patient is not at all in life danger now, but if he fasts there may be a possibility, that he may intensify his illness to that degree, since now he is not in any real danger, he should avoid eating even shiurim, which carry a Biblical prohibition. After all, if his illness does increase, he can then eat as he needs.
Horav Shlomo Miller's Shlit'a opinion is that in doubt, one should be machmir on pikuach nefesh and eat or drink shiurim to avoid a later danger.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 10/7/2019 7:49 PM |
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