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Have a question? Send it in! Questions are answered by Rabbi Bartfeld.
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# 1973 Fast Talk
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Q. If someone undergoes periodical medical treatment and when it occurs on a regular taanis he was given a heter not to fast, exempting Yom Kippur and Tisha Beav, when he was told to postpone the treatment to another day. I was told that Assarah Beteveth is more stringent than a regular taanis is that true? Should one better postpone?
A. On question 1566 regarding being machmir to fast on Asarah Beteveth more than another Taanith and therefore, even someone who because of age and weakness does not fast besides Yom Kipur and Tishaa Beav, should fast on Asarah Beteveth, we wrote: "Beis Yosef (O.H. 550) quotes Avudraham’s opinion that if Asarah Beteves was to occur on Shabbos we would fast on that day, since it is similar to Yom Kippur in which the pasuk mentions “beetzem hayom haze” (Yechezkel 24).
Toras Chaim (550: 4), wonders why Bais Yosef would mention the above detail since it does not have a practical difference, as this fast day cannot according to our luach coincide with Shabbos. He explains that it may be for the purpose of being more stringent on this taanis than others and other prohibitions, such as washing also apply. He mentions that his own father, the Machane Chaim, on the end of his life, when he was very weak and was not supposed to fast, he forced himself to do so on Asarah Beteves.
Biur Halocho (551: 1) mentions that some maintain in Asarah Beteveth the stringency of the Nine Days.
Bnei Isoschor (Teves14) explains that this fast day marks the very beginning of the churban and all the days of avelus that we maintain, and is therefore more severe and strict.
However, in practice many Poskim maintain that one does not have to be more rigorous than in other fast days (Shulchan Aruch and Mishna Berura 550:1, Maharam Mibrisk 3: 29, Nitei Gavriel Chanuka 60: 3 et. al.)
Horav Shlomo Miller’s Shlit’a opinion is similar."
In this particular case, the Rov's opinion is also that one should treat Assarah Beteveth like the other day taanesim.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 12/14/2018 2:21 PM |
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# 1972 Vacating Vacations?
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Q. Since Horav Shlomo's Miller position is to avoid traveling during Chanuka, should there be an effort to have the schools change the days of vacation to before or after Chanuka?
A. Although the Rov indeed maintains that people should avoid traveling during this time, as we have mentioned in many prior questions, the Rov abstains from voicing an opinion on the above vacation issue.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit'a
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Posted 12/13/2018 12:40 AM |
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# 1971 Is Gut-Yom-Tov Still Gut?
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Q. On question 1222 you wrote: "Horav Shlomo Miller’s Shlit’a opinion is that Chanuka is called a Chag and a Yom Tov as we find in Shulchan Aruch (Y. D. 217: 47) regarding a neder done exempting those days, that Chanuka and Purim are also considered Yomim Tovim at least in name. Taz (ibid. 38) explains that in the language and expressions that people commonly use, they are included.
Orchos Rabeinu mentions that Horav Yakov Yisroel Kanievsky zt’l would indeed greet people with a "Gut Yom Tov" on Chanuka. See similar opinion in Alenu Leshabeach (6: p. 342)."
However, Remoh (O.H. 570: 1) rules that "if someone made a neder to fast a number of days, excluding Yom Tov, then Chanuka and Purim are not included in the exclusion, unless he said so." Mishna Berura (ibid. 6) explains that Chanuka and Purim are not called a Yom Tov. Is that not a contradiction?
A. Horav Shlomo Miller's Shlit'a opinion is that it depends on the individual, if he or others are used to greet during Chanuka by saying Gut Yom Tov, then it is called a Yom Tov, as the Taz himself mentions. Otherwise, it isn't as the Mishna Berura writes.
It is common in Eretz Yisroel to use in many communities the Chag Chanuka Sameach or Chag Orim Sameach greeting. However, the Rov maintains that there is a difference between the terms Chag and Yom Tov.
Although, Alenu Leshabeach (6: p. 342), does quote that Horav Y. Y. Kanievsky zt’l, and Horav Y. S. Elyashiv zt'l would greet people with a "Gut Yom Tov" on Chanuka, the common practice is not to address others during Chanuka saying a Gut Yom Tov.
Even though the Talmud (Shabbos 21b) does mention that the days of Chanuka were established as "Yomim Tovim, Behallel Vehodaa," the Rov explained that it refers, as it says literally, only to giving praise and thanks. (See also question 1555 in regards to eating meat on Chanuka)
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 12/12/2018 10:49 AM |
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# 1970 Know Where You Stand
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Q. Re- question above. Often the glass cups use for Chanuka lights, are rounded on the bottom and can't stand by themselves. Is that a problem?
A. Chesed L'Avraham (quoted in Shaarei Teshuva (673: 13) rules that one may not light Chanuka candles using the shells of (fruit of) trees or onions, as a keli or utensil is required, He adds that any utensil that cannot stand by itself, without additional support should not be used. Avnei Nezer (500) mentions that some Rishonim support his position. Therefore, following their opinion, one may not use a candle just attached (by melting the base) to a counter or to the ledge of a window. (See Shevet Halevi 8: 157).
Nitei Gavriel (21: 5) and Piskei Teshuvos (ibid. n. 43) suggest that following that opinion a rounded glass cup that cannot stand by itself may not be used as it may not qualify as a keli. However, Mishna Berura (611: 18) mentions that one mat attach candles to a wall.
Nitei Gavriel and Piskei Teshuvos also mention that other Poskim don't mention at all that a keli is essential for lighting Chanuka lights. (See Oz Nidberu 13: 49, Shvus Yaakov 1: 33).
Horav Shlomo Miller's Shlit'a opinion is similar and one may use, as many do, a glass cup even if it cannot stand without the support of the menorah. In regards to the prior question on using glass cups in a silver menorah, the Rov added, that when they cannot stand by themselves, they certainly become annulled to the menorah itself and are essentially part of it.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 12/10/2018 10:17 PM |
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# 1969 The Silver Lining of a Menorah
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Q. Is it better to light a silver menorah using its own silver cups by placing the oil and wick in them, as was done in the menorah of the Beth Hamikdash. or can one use separate glass cups which is cleaner and more convenient?
A. Chesed L'Avraham (quoted in Kaf Hachaim 673: 60, Sdei Chemed - M. Chanuka 7) mentions a list of fifteen different materials that can be used for crafting a menorah. The preferred top of the list material is gold, followed by silver, while the bottom or least desirable is the bark of the alon tree. Glass is in the middle as number eight.
Therefore, Shevet Halevi (8: 157) argues that one should preferably not light in the glass containers but rather on the silver menorah itself.
However, some Poskim maintain that the small glass containers become batel or annulled to the menorah itself and are essentially part of it. (Shevet Hakehossi 3: 201)
Horav Shlomo Miller's Shlit'a opinion is that the glass cups besides being considered part of the menorah, are also an enhancement and contribute to the pleasant appearance of the utensil and can therefore be used lechatchila.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 12/10/2018 10:15 PM |
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# 1968 Did We Strike Oil?
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Q. Is it permitted to light a menorah with olive oil or vegetable oil without a hechsher, when traveling and no other oil is available? Is it better to light then with candles?
A. Some Poskim maintain that one should use for Chanuka lights only oil that is "min hamutar bepicha" or kosher for eating (Shenos Chaim 218, see Sdei Chemed - Chanuka 12). However, most Poskim disagree since it is only a rabbinical mitzva and has no inherent kedusha (Pri Megodim 32: 28, Noda Beyehuda 2: 3, Beis Yitzchok Y.D, 1: 145, Sdei Chemed ibid. et. al.).
Maharsham (9: 39) recommends that on the onset one should be stringent and use for Chanuka lights only kosher oil, since we are mehadrin min hamehadrin or comply with the maximum degree of observance when dealing with this mitzva. See question 682 in regards to lighting with oil that was left uncovered overnight.
There are non-Kosher oils, such as the product of orla or one that contains meat and milk cooked together, that one may not use at all, since besides being prohibited for eating, one cannot derive any benefit from them (Mishna Berura 673: 2). However, some Poskim maintain that one may use them if no other oil is available (Igrois Moshe O.H. 1: 191, Piskei Teshuvos ibid. n. 12).
Horav Shlomo Miller's Shlit'a opinion is that one may light the menorah with olive or vegetable oil that has no hechsher and it is preferable to candles.
The Rov mentioned that the Talmud (Shabbos 20b) teaches that you may not use "shemen kik" or the oil made from a non-kosher animal, but you may use it for Chanuka (ibid. 21b), proves that non kosher oil is permitted for Chanuka.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 12/10/2018 9:57 PM |
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# 1967 Let The Light Shine for Everyone
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Q. Re- question 1966 above, on an elderly single and bed-bound convalescent patient at a retirement nursing home or hospital, who has no possibility of lighting or being present at the lighting of a Menorah.
Since in most Jewish retirement nursing home or hospitals with a sizable Jewish population, there is a minyan and they likely light a kosher menorah in that site, can they not have in mind to include all the patients at the same location who are unable to light. After all this is now their home, at least temporarily. Would one not comply with Ner Chanuka if someone would light for him in his own home, even if he is not present? If this can be done, it would make worldwide a difference for thousands of patients at such locations.
A. Horav Shlomo Miller's opinion is that the room-bound patients may not be necessarily be considered as dwellers of the whole institution. It would then be better, if the one lighting the menorah, should be makneh or legally transfer a minimal amount of the value of the lights, to the ownership of all Jewish patients at that institution, even if they are not present at the menorah lighting ceremony.
The Rov indeed recommends that this should be done, to be mezake es horabim and merit the many with the most important mitzva of Chanuka.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 12/10/2018 9:08 PM |
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# 1966 A Nixed Blessing?
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Q. An elderly single and bed-bound convalescent patient at a retirement nursing home or hospital, who has no possibility of lighting or being present at the lighting of a Menorah. can he make the bracha of Shecheyanu or Sheasa Nisim without lighting the Menorah, as one would do with Shecheyanu on Sukkot, without seating at the Sukka?
A. Shaar Hatzion (on Mishna Berura 672: 3) considers whether one that is not going to light a menorah or see one lit, if he can recite the brocho of shehecheyanu, as one would do on other Yomim Tovim on the first day, and Sheosso Nissim every day, and remains undecided.
Many Poskim, maintain that Chanuka and similarly Purim are different from other Yomim Tovim, in which the kedusha of the day can be recognized by the prohibition of performing melochos. On Chanuka, it is only expressed basically by the lighting of the menorah, therefore, no brocho is recited without complying with this mitzva. (Birkei Yosef 692, T' R' A' Eiger 2: 13, Igros Moshe 1: 190, 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 12/10/2018 8:55 PM |
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# 1965 How's The Family?
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Q. My uncle married a woman. She became my aunt. I am now disqualified from testifying on her behalf. They had 3 children.
The couple divorced. Am I still disqualified from testifying on her behalf because her 3 children are still my 1st cousins and I may not testify on their behalf? Or since she is no longer married to my uncle, her children's relationship to me is irrelevant, and I may testify on her behalf?
A. Horav Shlomo Miller's Shlit'a opinion is that you may testify after the divorce on her behalf and benefit, unless the testimony also directly benefits her children, since they are still related to you.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 12/10/2018 8:25 PM |
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# 1964 It's All Greek To Me
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Re- question 1963 above. I'm wondering if you can provide an actual case where Greek philosophy contributed something of value to the Torah?
Q. Ancient Greek philosopher Plato was a student of Socrates and a teacher of Aristotle. His writings explore all fields of human behavior. One of his most basic teachings, as quoted by the Rambam (Shmono Perokim 6) was that virtues are inherent in human behavior and all one has to do is implement them. He discusses whether humans are naturally good or not and resolves that all virtues are already built-in the human mind.
We seem to have contradictory indications. The posuk (Bereshis 8: 21) teaches "the will (yetzer) of man's heart is evil from his youth, indicating that one is born without virtue. And in the words of the Sages, Kidushin (30b) "His evil inclination (yitzro) will strengthen every day, and If Hashem does not help him he will not be able to defeat it," seems again to indicate that humans are inherently evil.
Yet, in Koheles (7: 29) we read that; "Hashem made man straight." It is also well known Rambam's permission to force someone to give a get to his wife when needed, even against his will (H. Geirushin 2: 20), the reason being that inside his heart, every Jewish person wants to do what is right and just.
Rambam (Shmono Perokim 6) explains that the difference between the one who has conquered his evil inclination and the one who is innately a chosid, depends on the kind of mitzva we are dealing with.
In regards to Chukim, the Rambam explains one should not say I inherently cannot eat the non kosher meat or I'm by nature unable to wear shatnez. On the contrary, I refrain not because this is my nature, but rather because Hashem commands me to do so.
However, in regards to the mitzvos sichlios, that we understand why we do them, and usually apply when dealing with others, Rambam claims the philosophers were right, the natural virtue and the innate good heart is what we pursue.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit'a
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Posted 12/10/2018 8:15 PM |
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# 1963 Beware of Greeks Bearing Spiritual Lifts
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Q. Why do we attack so much the Greek philosophy during Hanuka, did not the Rambam study and wrote much about Aristotle?
The Talmud in Megila also sponsors learning Greek wisdom, since Noach blessed Yefes that he will dwell in the tents of Shem, so why is it so vilified on Hanuka?
A. Poskim disagree in regards to the learning of philosophy, (the love of wisdom), that usually includes the teachings of the classic fathers of that study, namely Aristotle and Plato.
Well known are the Teshuvos of the Remah (6 -7) where he disagrees with the very strong objections of the Maharshal to the Remah quoting Aristotle. The Remah defends his view, maintaining that he personally never studied any of the philosophers books, he rather learned about their teachings from the many quotations of them in the Seforim of the Rambam.
Maimonides’ More Nebuchim or Guide of the Perplexed, is largely devoted to an attempt at reconciliation between Aristotelian thought and the teachings of the Torah.
Remah (Y.D. 246: 4) rules that one may study occasionally other studies besides the learning of Torah. Shach (ibid. 6) explains that this may be referring to philosophy.
Kovetz Shiurim (47: 9) writes that "earlier Sages debated if one can engage in the study of Philosophy. However, it is easily understood, he adds, that even the ones who permit, it is only for those who's fear of Hashem precedes their wisdom. A quality uncommon in our generation." Other contemporary Poskim disagree.
Horav Shlomo Miller's Shlit'a opinion is that regardless of the opinions in regard to the study of the Greek philosophy, there is a great difference between the intellectual study of ideas and the diametrically opposed actual Greek Culture and behavior of their historical society. What Chanuka mostly rejects is that Greek Culture of paganism, celebrating the body, the hedonism and self-indulgence, that is so contrary to the Torah values.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 12/10/2018 8:13 PM |
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# 1962 Guessing the Guest
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Q. Our family is going to visit our parents for Shabbos Chanuka and be staying there until Motzei Shabbos. Our home is close by and we are leaving after the plag. We heard that there are different opinions where to light the menora. What is Horav Miller's opinion?
A. Piskei Teshuvos (677: 3) indeed maintains that when leaving home after plag hamincha for one that lights facing the outside of their homes, even if no one is going to remain Shabbos at home, lighting should be done at home, before leaving. Similarly, on Motzei Shabbos, if they return home immediately after the end of Shabbos, they should light there.
However, Horav Shlomo Miller's Shlit'a opinion is that they should light at the home of their parents where they are going to spend Shabbos. Likewise, after Shabbos they should also light there and stay for the shiur hadlaka, before returning home.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 12/8/2018 8:16 PM |
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# 1961 A Shaila on Shoalim
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Q. If someone prayed maariv after plag but before the shkia on December 4, and forgot that you have to start saying that night veten tal umatar, but since it was not yet really night, does he have to repeat the amida?
A. Shulchan Aruch (O.H. 117: 5) rules that "shoalim" or the time we start the request for dew and rain at Maariv is on the sixtieth day after the "tekufa" or autumnal equinox began, which is typically the fifth or sixth of December in our days. We say it during maariv of the day before (fourth or fifth), because that is when in Halacha, December 5th. begins.
The day when the tekufa begins is counted in the sixty days. The equinox may begin at different times during the night or day. Biur Halacha (117) quotes Poskim that disagree if the sixty days are counted from the beginning of that day or from the hour it actually began. We usually begin the request at the beginning of the night on maariv. After the fact, when one forgot, Chaye Adam rules that we go after the hours time (me'es le'es) and it could be even in the morning. That changing time is expressed in Eretz Yisroel hours, and has to be adjusted to local time.
Therefore, Horav Shlomo Miller's Shlit'a opinion is that although normally if one has already ended the amida and forgot to mention tal umatar, he has to repeat the amida even on an early maariv, on this first night, reflecting the doubt created by the above Poskim's disagreement, one does not have to repeat the tefila. (Mekor Chaim and Kaf Hachaim and others rule similarly, since when in doubt we are lenient in blessings, Biur Halocho and others quoting a Chassam Sofer's story, are stringent).
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 12/6/2018 12:39 PM |
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# 1960 The Prominence of a Shamash
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Q. On question 684- 685 in regards to creating a variety of colors in the lights of the menorah by adding different chemicals to the oil, or adding aromatic drops to the oil, since the effect is quite attractive and striking, and it may be even a greater persumei nissa, you wrote that; Horav Shlomo Miller’s Shlit”a opinion is that although the lighting would be acceptable if the flame coloring additives mentioned were to be added, and only according to some Poskim even the aromatic oil is permitted bedieved, it is preferable to use the most pure olive oil available, as the olive oil should resemble as much as possible the one used in the Bais Hamikdosh. My question is can you use lechatchila the above oils for the shamesh?
A. Although from Shulchan Aruch (673: 1) it would seem obvious that there is no kedusha or restrictions in regards to the shamash additional light, some Poskim do ascribe special attributes to the shamash. However, Biur Halacha (ibid. D.H. Sheym) quotes Magen Avraham as explained by Pri Megadim that maintains that one should abstain from using lechatchila the shamash, (an additional room light should be added), Biur Halacha disagrees.
The above finds an echo in Kav Hayoshor (96) who explains the placing of the shamash light higher than the rest, as a reflection of the posuk; "Serofim Omdim Memaal Lo" or the fire-angels are standing over. He also compares it to the Cohen lighting the menora in the Bais Hamikdosh or the angels lighting the holy lights at the Kisseh Hakavod. Maharil maintains that the kedusha of the shamash is higher than the thirty six lights of the menorah and whoever honors the shamash will merit to see the lights of the Bais Hamikdosh soon. (See Nitey Gavriel 20 n. 4).
Horav Shlomo Miller' Shlit'a opinion is that no restrictions apply to the shamash and therefore colored or aromatic light may be used.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 12/5/2018 12:22 AM |
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# 1959 Is It Worth the Candle?
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Q. Is there a special inyan to light candles or oil lamps at the amud in a shul? Not that many shuls do that these days, why?
A. Shulchan Aruch (151: 9) writes that it is tradition to illuminate our shuls with lights in their honor. They are compared to the lights in the Beis Hamikdosh. (Yalkut Behaaloscha, Medresh Rabba - Vayikra 31: 4, Reishis Chochmo 14: 64-66).
Midrashim and Sifrei Mussar explain in length the importance of lighting candles in shul, as they bring about the strengthening of good mazal and the abundance of brocho. (See Piskei Teshuvos 151: 18).
Chassidim and Anshei Maase, would try to light those candles themselves instead of the shamash. In some places they would sell the honor to ignite those candles (Peleh Yoetz - E. Hadlaka, Darchei Chaim Veshalom 103).
Poskim debate whether, the above applies also to the electric lights common today by the amud or one should make the effort to kindle candles and oil. (Mishne Halochos 5: 70, Chelkas Yaakov 1: 141, Beer Moshe 7: 115, Teshuvos Vehanhagos 1: 702).
Horav Shlomo Miller's Shlit'a opinion is that each shul should follow its own minhogim.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 12/4/2018 3:04 PM |
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# 1958 Figure of Speech
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Q. Of the five oral tools from which speech emerges, throat, palate, teeth, tongue, lips, why is it that in the 24 Books speech is most often referred to in association with the tongue and the lips?
A. Horav Shlomo Miller's Shlit'a opinion is that the choice of tongue and lips to describe and represent speech over the other three body parts that are instrumental in voice creation, is due to the fact that they are the ones easily visible and seen by the eye, and therefore identified as such.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 12/4/2018 2:56 PM |
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# 1957 The Character of the Characters
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Q. Our minhag, following Minhag Chasam Sofer, is to write our Sifrei Torah, Tefilin, and Mezuzos in Kesav Beis Yosef, except that the top-right section of the Tsadi is written as it appears in Kesav Ari.
Can those who are particular to have their Tefilin and Mezuzos written completely in Kesav Beis Yosef be Yotzei with a Kri'as HaTorah from a Sefer Torah written with the Tsadi written our way?
A. Chasam Sofer (2: 8) rules indeed that if the "tzadikin" written with the right yud in reverse do not disqualify a Get, since they follow the opinion of the Mekubalim, as it appears in Mishnas Chassidim (M. Tefilin 1: 10) and in Matzas Shemurim (38a), and since a child would read it as a letter Tzadik the Get is not pasul.
Imrei Shefer (k. 5), Kerem Yaakov (p. 63) and others write that the exact form of the letters is not to be found in Talmud. Therefore, one cannot declare pasul letters that have in different established traditions slightly other forms and minor changes.
Panim Meiros (1: 66) writes in regards to the yudin of the letter alef, written in reverse in a Sefer Torah, that "chalila" to declare pasul the old sefarim written following the opinions of the Sages of a prior generation. After all, he adds, well did the Rosh write that the form of the letters are not the same in all countries. As long as the changes are not major such as a letter "ches" looking as a "hei."
However, Maamar Mordechai (82) writes that in regards to the reversed yudin in the letters Alef and Tzadik, if they can be easily fixed they should be.
Horav Shlomo Miller's Shlit'a opinion is also that minor changes on non-essential traits of a letter do not disqualify it.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit'a
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Posted 12/4/2018 2:45 PM |
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# 1956 Shed Some Light
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Q. Can you light the shul menorah on Chanuka from a shul yohrtzait candle? How about a cigarette from a yohrtzait candle?
A. Remah (O.H. 154: 14), permits only in great need the use of shul lights for private use. Mishna Berura (ibid. 56) quotes Shaarei Teshuva who prohibits lighting a tobacco smoke pipe from the tefilah lights in shul, but permits lighting it from a yohrzait candle that lights the whole day.
However, Kaf Hachaim (ibid. 96) and others are stringent since they consider even a yohrtzait candle that was lit in shul as set alight in the honor not only of the neshama of the niftar but also of the Beis Haknesses and therefore it acquires some holiness too. Aruch Hashulchan (ibid.16), although in principle is lenient, also advises to avoid using them when possible.
Mishna Berura (674: 5) rules that you may light one a mitzva light directly from another, and therefore you may ignite the menorah from the shul lights.
Horav Shlomo Miller's Shlit'a opinion is that, as mentioned before, a yohrzait candle lit in shul, can be considered a ner mitzva and the menorah can be kindled directly from it.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 12/3/2018 12:18 PM |
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# 1955 Gift Ideas
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Q. How could Yaakov who kept the whole Torah send a gift to Eisav, is that not prohibited because of Lo Techanem?
A. See question 234 in regards to sending gifts to customers or business acquaintances as the holiday season approaches we wrote: The Talmud (Avoda Zarah 20a) instructs that there are different interpretations to the biblical proscription of “Lo Techonem” (Devarim 7:2) one is; “not to give them free gifts”. Who exactly qualifies as “them” and what is a “free gift”, is open to Halachik discussion. Shulchan Aruch (Y.D. 151: 11) rules: It is prohibited to give a free gift to an idol worshiper you do not know. Taz (ibid. 8) explains that if you know him, it is not considered a “free gift”, as you would expect a favor in return. As such, gifts to customers or business acquaintances, even if they were to qualify as idol worshipers are not prohibited. (However, Horav Shlomo Miller’s Shlit”a opinion is indeed to avoid sending gifts that would reach a Gentile on the day of the celebration. It is better to shun the prior day also).
Additionally, Yaakov's gifts to Eisav were given as an act of survival, since he feared for his life and therefore allowed.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 12/2/2018 11:04 PM |
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#1954 Halachah of Hakdamah - Torah or Tefilah?
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Q. A man has a daily schedule to daven shachris btzibur attend a daily shiur and then go to work. One morning he wakes up late. There is a later minyan he can go to but he will miss his shiur. He can daven biyichidus and still make the shiur.Showing up late to work is not an option. Is it better to miss tfilla btzibur or miss their regular shiur?
A. Igros Moishe (O.H. 2: 27) addresses the question if a Talmid Chochom is allowed to daven without a minyan, since he wants to learn late at night, and it will difficult for him to get up on the morning and daven with the tzibur. After establishing the great obligations involved in davening with a minyan, he writes that even a dedicated Talmid Chochom, who engages in constant learning and teaching of Torah, should see to organize his learning in ways that should not interfere with praying with the tzibur and thus loosing many mitzvos involved, such as reciting kaddish, kedusha, borchu etc. Adding also the erroneous example given to others, that may not be aware of the reason he does not come to minyan.
However, when occasionally a situation occurs where one is to choose between disturbing the accustomed sequence of learning an established shiur, and the cascading bitul Torah resulting, or the infrequent missing of one tefila betzibur, Poskim maintain, as can be deduced from the Remah (O.H. 90: 18) and Mishna Berura (ibid. 56), that in this particular situation there is room to choose the shiur.
Michtevei Chofetz Chaim (cited in Piskei Teshuvos 90: 23) quotes that the son of the Chofetz Chaim related how hard his father worked to put together the Mishna Berura, sometimes working over ten hours non-stop, missing sleep and meals, and occasionally missing also mincha with a minyan.
Halichos Shlomo (5: 16) quotes R.Sh.Z. Auerrbach zt'l saying that one should not interrupt the learning with a chavrussa or his Rebbe for tefila betzibur and certainly not when the teaching Torah to many is involved.
Horav Shlomo Miller's Shlit'a opinion is similar, when it cannot be prevented and occurs only occasionally.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 12/2/2018 10:53 PM |
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Important Numbers
