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Have a question? Send it in! Questions are answered by Rabbi Bartfeld.
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# 2296 Food for the Birds
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A pair of pigeons have made a nest on the windowsill of my roofless but enclosed porch and the two eggs have already hatched into the cutest pair and fastest-growing little pigeons I have ever had the pleasure of seeing up so close.
I understand that since I was not Mafkir the spot before the eggs were laid, that I cannot perform the Mitzvah of Shiluach HaKein. However, because of that fact, I have automatically acquired the pigeons via my ownership of the porch. Can I, or am I obligated to, feed the pigeons daily, and even on Shabbos, before I partake of my own nourishment?
A. One is permitted to feed the animals he owns and he has to take care for (Talmud Shabbos 155b, O.H. 324: 11). However, even if the animals are his, if he does not have to feed them and they can usually find food for themselves as most flying birds do, it would be prohibited to feed them, as it is considered "Tircha Yeseira" (Mishna Berura ibid. 29, 31), even on Shabbos Shirah. Shulchan Aruch mentions doves in his prohibition.
Rabbi A. Bartfeld as advised by Rabbonim at the Toronto Kollel
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Posted 8/16/2019 2:43 PM |
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# 2295 Stay Tuned
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Q. Parshas Devarim is usually read before Tisha Beav or as in this year on Tisha Beav that is nidche, since there is no avelus in Shabbos. Why do many read on kerias Hatorah the posuk of: "Eicha essa lebadi" and the Haftara of Shabbos Chazon, with the sad nigun of Eicha, is that not public avelus which should be avoided?
If one has a choice to attend a shul where they don't do sing that tune, should he better go there?
A. On question 1391 on that same question: "How come we read the pasuk of Eicha Essa on parshat Devarim and some read the Haftara also with the nigun of Megilat Eicha, is that not Avelut Befarhesia on Shabbat, that is prohibited?" To what we answered: "Horav Shlomo Miller's Shlit'a opinion is that our sages often instituted tefilos, such as Av Horachamim, Izkor, Haftoros etc, that contain a sad or mournful theme to be recited or read on Shabbos. This does not represent avelus befarhessia or open grieving, since it is done as an established, generalized tradition of imparting necessary teachings and prayers for all."
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 8/16/2019 2:22 PM |
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# 2294 A Mixed Blessing
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Q. At a bris the mohel had a bit of a cold, so he asked someone else present to do the mitzva of metzitza (oral suction of the blood). What should be done then when reciting the Horachaman by the end of birkat hamazon, that reads: "Horachamam Hu Ivarech Hamal Besar Haorlah, Upara, Umatzatz D'mei Hamilah;" that translates as: The Compassionate One, should bless the one who removed the orlah, did the peria and the metzitza of the blood of the milah. Since in truth the mohel did not perform the metzitza?
A. Horav Shlomo Miller's Shlit'a opinion is that he should change that word in the Horachaman, and instead of saying "Umatzatz" or he also did the metzitza, he should say "Vehamotzetz," namely, "and the one who did the metzitza."
Rabbi A Bartfeld as advised by Horav Shlomo Miller Shlit'a
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Posted 8/16/2019 2:09 PM |
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# 2293 Show Why we Don't Show the Door
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Q. On Shabbos, in a reshus harabbim, (no eiruv), there is a Jew who is standing outside a shul because he does not know the password to open the door. The Jew is holding a bag (a mechallel Shabbos r"l). May one open the door for him? (Whether from the inside or from the outside, such as someone who is also entering) Or should one b'dafka not open or hold the door for him and use a different entrance, or otherwise do something to prevent him from entering with the bag?
A. The opinion of Horav Dovid Pam and Horav Aaron Miller Shlit'a, (Rabbonim at the Toronto Kollel), is that one should not open the door for someone carrying a bag and entering from a reshus horabim to a private domain, as he will likely transgress if not on a Biblical prohibition, at least on a Rabbinical one. And since the individual carrying cannot enter without the help provided, not only the prohibition of "mesayea" or helping someone commit a sin is activated, also the Biblical transgression of "lifnei iver" or placing a stumbling block in front of the blind, may be involved.
Our Sages teach that it is permitted to deviate occasionally from the strict truth, when it is done for the sake of maintaining the peace and avoiding conflict, offense and disputes. (Lishnos mipnei hashalom - Yebamos 65b). Therefore, when entering one may say that he just realized that has forgotten the right password, and when exiting he may show some sudden pain and just apologize and walk away. If then he cannot enter or exit by a different door, he should wait until that person is gone.
Rabbi A. Bartfeld as advised by Rabbonim at the Toronto Kollel
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Posted 8/16/2019 1:58 PM |
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# 2292 Good Things Come to Those Who Wait
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Q. One who is being driven to the mountains and suddenly remembers that he did not daven Maariv yet, and he can tell the driver to pull over and wait 15 minutes while he davens with a minyan (the last available minyan) - but there are four other people in the car who will have to wait because they already davened. Should he ask them to pull over and wait for him? Are they obligated to pull over? Or should he just daven by himself in order not to cause inconvenience to his fellow travelers? Would it make a difference if the other people are Bnei Torah who understand the importance of davening with a minyan, even though they might be slightly annoyed?
A. The opinion of Horav Dovid Pam and Horav Aaron Miller Shlit'a, (Rabbonim at the Toronto Kollel), is that one has to consult with the other travelers in the car first. Although they are not obligated to wait, one may tell them that they will share in his mitzva. One may offer them also some kind of compensation.
Rabbi A. Bartfeld as advised by Rabbonim at the Toronto Kollel
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Posted 8/16/2019 1:35 PM |
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# 2291 Eyes to the Feast
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Q. Can one eat meat\chicken Motzei Tishah B'av this year since the fast is a nidche?
A. Remah (Shulchan Aruch O.H. 558: 1) rules that meat is not permitted on the night after Tisha Beav, even when it was nidche (transferred) to Sunday, as in this year. It is permitted from the morning (Monday).
I quote a relevant question (1808).
Q. On the night after the end of Tisha Beav (on Sunday, when Tisha Beav falls on Shabbos) I know we can not eat meat yet until the morning, but can you already listen to music?
A. Shoshanas Yisroel (Ben Hametzorim 15: 12: n. 331) maintains that you are not allowed to play or listen to music until the morning, since this is regarded more severe than eating meat.
Horav Shlomo Miller’s Shlit’a opinion is that you are allowed.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a.
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Posted 8/11/2019 4:53 PM |
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# 2290 Baby Blues?
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Q. Can you make a Sholom Zochor for a newborn baby on Shabbos Chazon that is also Tisha Beav (nidche) as in this year.
A. Horav Shlomo Miller's Shlit'a opinion is that since this celebration is always done, omitting it on this Shabbos would be considered as avelus befarhesia and therefore it is permitted.
A similar case would be permitting a father on avelus to attend the sholom zochor of his newborn son at his home.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 8/11/2019 3:55 PM |
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# 2289 An Easy Pill to Swallow
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Q. I was under the impression that one can take the pre-fasting pills. This (quotation bellow from dailyhalacha@aol.com) clearly says not
"One should not say that one is eating to have strength for the fast, and one may not take a pill that makes it easier to fast, because one would be preparing on Shabbos for Sunday which is not permitted."
Please clarify??
A. Quoting question 203:Q. May one take pills on Shabbos Chazon (either The Kollel’s Tylenol/Advil or Kali Tzom), in order that it should be easier to fast on Tisha B’Av?
A. Some Poiskim maintain that when Tisha B’av coincides with Shabbat, one should avoid consuming on Shabbos medicine to make the fasting easier on Sunday, mainly out of concern for the prohibition of “hachono” or preparations done in Shabbos for the sake of weekdays. They would recommend for someone in real need of medication, to take those pills on Tisha B’av without any liquids. (Ohr Lenesivosi shiur 37:3, Halacha Uminhag p.88).
Horav Shlomo Miller’s Shlit”a opinion is that you may take that medication on Shabbos. His reasoning is that it does not constitute a hachono, since you do it bederech achilo, or as part of the eating process which is permitted in Shabbos. After all we do eat more on this particular Shabbos at the third Seudah, and we may probably eat meat, something we may normally not do, all done in preparation for tomorrows fasting. However, since it is done in the usual way of eating and we don’t declare that it is for the purpose of fasting easier tomorrow, it is permitted. The medicine, as it is not needed right away, would be regarded only as additional food and not as taking medication on Shabbos.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 8/9/2019 3:35 PM |
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# 2288 Encase the Staircase Case
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Q. In question 2280 you wrote that in a house where the basement is rented out to men, there is no prohibition of yichud (men and women secluding together) for the woman on the higher floor, if the door is locked from the upstairs side of the staircase and cannot be opened by the one in the basement. Since the woman has the key to unlock that door, why would there not be a prohibition of yichud for her, since she can always unlock the door going down?
A. Horav Shlomo Miller Shlit'a explained that the yichud concerns by nature, are mainly for the men to join the women and not the opposite. (See Kidushin 81a, Chazon Ish E.H. 34:2, Divrei Malkiel 4: 120, Yad Halevi E.H. 18, et al; although some Poskim disagree, see Nitei Gavriel - Yichud 30: 2).
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 8/9/2019 3:22 PM |
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# 2287 Rags or Riches
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Q. For those of us that follow the custom cited in the Ramo to wear weekday clothing on Shabbos Chazon, a custom that was practiced throughout the Rhineland for generations, is it OK for us to circulate among others of our Jewish brethren that practice Shabbos Chazon attire differently?
[There is an observation (Leket Sichas Mussar, Vol. 2, pp. 266-267) made by Rav Yitzchak Aizik Scher zt"l, Rosh Yeshiva of Slabodka, that our ancestors who wore weekday clothing on Shabbos Chazon did not do so because their feelings for the honour of Shabbos were less than our own. Rather, our feelings for the Churban Beis HaMikdash are less than theirs. Hence, we rely on the view of the Vilna Gaon and wear Shabbos attire on Shabbos Chazon, contrary to the customs of our ancestors.]
A. In our times it is not difficult to find a minyan in which people who are in the process of kiruv attend, and they often wear clothing that may not qualify as your regular bigdei Shabbos.
Horav Moshe M. Lowy Shlit'a commented in the name of the Chasam Sofer, that wearing weekday clothing on Shabbos Chazon in times gone by, was not considered a detriment or an impairment to the kedusha of Shabbos. On the contrary the deep feeling of the loss of the Beis Hamikdosh, imparted at the same time a profound sentiment of joy and simcha, since that feeling is an assurance and guarantees that the geula will soon come and the Beis Hamikdosh will be rebuilt. That profound notion may not be so common in our days, and therefore most avoid weekday clothes on Shabbos Chazon.
Horav Shlomo Miller's Shlit'a opinion is that there should not be great concern in being dressed differently than others on Shabbos Chazon, when keeping up with the minhag of wearing weekday clothing, since one may comply by just using a weekday tie or similar.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 8/9/2019 3:04 PM |
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# 2286 Only Kosher Spirits?
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Q. (See above question 2283). Does it make a difference on food and drinks kept in a hospital room, if the patient who perished was a Jew or not?
A. Poskim disagree whether when a Gentile dies the water should be spilled. See Nitei Gavriel Avelus (1: 8: 8; n.14-15). Shach (Y.D. 339: 9) mentions two reasons for discarding the water that was present in the abode where someone died. Maharil explains that it is done to inform indirectly to all neighbors that nearby resident has passed away and their help and assistance may be needed. Communicating dreaded news directly is undesirable.
Tashbatz (444) asserts that the Angel of Death whets and cleans his knife and a drop of the blood of death may have fallen in. Other reasons are also given. (See Nitei Gavriel- Avelus (1: 8: 1; n. 2).
Horav Shlomo Miller's opinion is that it would depend on the reason given. In practice the Rov maintains that the custom is to be lenient after the fact.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 8/9/2019 2:54 PM |
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# 2285 Sure Cure?
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Q. (See above question 2283), Does one have to be concerned on food and drinks kept in a hospital room, if even when the patient recovered and went home, maybe someone else passed away during that time in the hospital and that would prohibit the food and drinks?
A. As mentioned in the above questions the concern is mainly on drinks and it is limited to neighboring houses or apartments. (Shulchan Aruch Y,D, 339: ). Horav Shlomo Miller's Shlit'a opinion is that regarding a hospital room, it would be limited to someone dying in the adjacent three rooms to the left or to the right. Otherwise there is no concern for the uncovered water.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 8/9/2019 2:51 PM |
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# 2284 A Deadly Cover Story
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Q. (See above question 2283). Does it make a difference if the food and drinks kept in a hospital room when the patient died there, where still sealed or where covered?
A. As mentioned in prior question, on food there is after the fact no concern even in a cemetery, following most Poskim, especially if the food was covered. On drinks Gesher Hachaim (3: 3: 11) is lenient when kept inside a closed bottle. Some Poskim require a sealed bottle (Beis Dovid 181) or at least a well stoppered bottle. (See Nitei Gavriel- Avelus (1: 8: 16; n. 30).
Poskim also permit water that carries an added commercial name, such as soda-water or mineral-water or has been changed by boiling or mixed with flavoring agents. (Beis Yitzchok Y.D. 150, Maharsham 3: 375, Divrei Malkiel 2: 94 and others).
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 8/9/2019 2:47 PM |
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# 2283 Not a Kindred Spirit
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Q. Is it permitted to consume food or drinks that were kept in a hospital room when the patient died there?
A. In regard to food on question 1750 concerning someone that had some food in his pockets and entered a cemetery, if he can he eat the food after he goes out or there may be an issue of ruach ra (bad spirit) involved, we wrote: Shulchan Aruch (Y.D. 368: ) rules that one should honor, behave respectfully and not eat while visiting a cemetery. It would seem that the food brought therein does not become prohibited. So it would appear from Talmud Eiruvin (31a) that for Kohanim there is an issue of placing the food eruv on a kever, apparently for others it does not matter. Vayilaket Yosef (132) quotes from sidur Nahar Sholom a minhag to give out on Erev Yom Kippur sweet foods in the Bais Olam.
However, Eliahu Rabbah (O.H. 224) quoted by Hagaos R.A.Eiger (y.D. 376), explains that one of the reasons of not taking out food from an avel’s home during the shiva days, is due to the ruach-ra that permeates the site. (See question 11)
Nevertheless, Chaye Adam (2: 2, in regards to food touched before washing hands after a night-sleep), Nishmas Yisroel (p. 911), Vaylaket Yosef (ibid.), Shevet Hakehosi (4: 288) and others, permit after the fact the food that entered a cemetery.
Horav Shlomo Miller’s Shlit’a opinion is similar."
In the case of food that was kept in a hospital room when the patient died, the Rov maintains, as mentioned above, that there is no concern.
However, in regard to water there is as mentioned in Shulchan Aruch (Y.D. 339: 5), see next questions.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 8/9/2019 2:44 PM |
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# 2282 Spot Check
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Q. Can one remove during the nine days only the stains and spots from clothing, without washing the garment?
During the Nine Days, may one remove "ring around the collar" (sweat stains that form around the collar on a white shirt)? Or is this included in the prohibition of laundering?
A. Shulchan Aruch (O.H. 551: 3) rules on the prohibition of washing clothes during the nine days, even by using only water without soap or other cleaning substances. Even the removal of a stain by rubbing it with water can be considered as washing. However, brushing off a stain or removing dust with only a dry a brush, is permitted. (Hagr'Y. Kanievsky zt'l quoted in Orchos Rabbenu 2: 1320). It would also be permitted if someone does not have another piece of clothing available and is ashamed to be seen that way. (Nitei Gavriel - Ben Hametzorim 1: 35: 10, Piskei Teshuvos 551: 18).
However, Halichos Shlomo (Moadei Hashana 3: p. 421), Shevet Hakechosi (O.H. 172) and others are lenient in the removal of stains using a wet cloth or drops of water.
Horav Shlomo Miller's Shlit'a opinion is similar in regard to the removal of just a stain, but not on the washing of the collar of a shirt.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit'a
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Posted 8/7/2019 10:53 PM |
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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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Important Numbers
