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Have a question? Send it in! Questions are answered by Rabbi Bartfeld.
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# 2157 Singing to Sleep?
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Q. As our children grew up we spend now a long time saying divrei Torah at the seder table, something we all greatly enjoy. We do finish the seder very late, sometimes after 4.00 am. How important is to say Shir Hashirim then, when we are so exhausted? It is a minhag in the family from generations to say it, but is it meakev if you just don't have any kavanah? How about Hatoras Nedorim?
A. Horav Shlomo Miller's Shlit'a opinion is that if the wording will not be said properly and it will be recited without intention, as when being exhausted and half a sleep, it is preferable to omit.
In regards to hataras nedorim the Rov's opinion is that it may not be needed, since one may prepare better for next year and be able to recite Shir Hashirim properly. Besides, one may also rely on the hatoras nedorim of Erev Rosh Hashono or Yom Kippur declarations.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 5/3/2019 1:37 PM |
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# 2156 Why? Rye? Goodbye!
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Q. One who is in a liquor store on Pesach (for buying needed kosher wine, he was trying to get to the kosher wine by pushing with the back of his hand and arm the chometz bottle) and accidentally knocked over a bottle of whiskey, may he catch it midair or does he need to let it fall and spill, as otherwise he will be handling chometz (see question above) or he may be transgressing on "Rotze Bekiyumo" since "he desires its existence"?
Would that apply even if the bottle is expensive, since liquor is only a distillate and not entirely chametz gamur?
A. In question 1308 regarding being in a store on Chol Hamoed and being asked by another customer to pass her the bagels on the top shelf because she can't reach, and in question 63 in regards to a nurse serving during Chol-Hamoed Pesach meals that contain chometz to non-Jewish patients and in on question 65 in regards to a Jewish patient transferring a tray of chometz food to another non-Jewish patient, laying in the next bed, during Pesach, we wrote; Horav Shlomo Miller's Shlita opinion is that it is prohibited, as the customer or the non-Jewish patient will remain grateful for the favor done, and that constitutes a prohibited benefit of chometz. He may also transgress in the desire of the existence and being (Roitze Bekiyumoi) of this particular chometz, since he will be careful not to tip the tray and spill the food. (See Also O.H. 450, Igros Moishe C.M. 4, Yesodei Yeshurun 6, p. 207, Chashukei Chemed, Pesochim p. 190, Teshuvos Vehanhogos O.H. 299).
In this particular question, although there may be some grounds to be lenient if he is able to catch the bottle or stop it from falling with a shinui or in an uncommon way, Horav Shlomo Miller's Shlit'a opinion is to be stringent.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 5/3/2019 1:09 PM |
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# 2155 Don't Touch the Merchandise
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Q. If one goes to buy needed kosher wine to a liquor store that sells both kosher and non kosher wines during Chol Hamoed Pesach, is he allowed to to remove some chometz liquor bottles, in order to reach the desired kosher bottle?
A. Shulchan Aruch (O.H. 446: 3) rules that if the chometz of a Gentile entered one's property it should be pushed away with a stick and not be touched with the hands, even on Chol Hamoed. Mishna Berura (ibid. 9 - 10) adds and explains that he should avoid touching it with his hands, so he may not come to consume it.
Poskim seem to disagree if he is allowed to tell a Gentile to bring him the kosher bottle. (See Mishna Berura ibid. 7). Horav Shlomo Miller's Shlit'a opinion is that he may ask the Gentile to bring him the kosher wine.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 5/3/2019 1:05 PM |
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# 2154 Read the Right Part
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Q. This week in Eretz Yisroel we read Parshas Kedoshim and in America Parshas Acharei Mos. What is my chiyuv of shnaim mikra when I'm in America?
A. Horav Shlomo Miller's Shlit'a opinion is that if you are planing to return to Eretz Yisroel, you should do shnaim mikro as you would in Eretz Yisroel.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 5/2/2019 4:49 PM |
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# 2153 Sanctification not Education
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Q. (See question 2151) If one does perform a mitzvah by just sitting in a shul or beis medresh, would it be commendable to hold a lecture on health issues or other community needed or educational topics inside them?
A. Bnei Tzion (151: 11) quoting Talmud (Shabbos150a) maintains that it is permitted to assemble in a shul in order to deal with the communal needs.
S'ridei Eish (12) further allows in need, to use a shul for lectures that involve health, welfare and similar issues that are for the benefit of the congregation.
However, Horav Shlomo Miller's Shlit'a opinion is that it is better to abstain from delivering those lectures in the shul or bais hamedresh itself, since it lowers and derides the sanctity of a place dedicated to Torah and tefilah.
Preferably an adjacent area should be used.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 5/2/2019 4:16 PM |
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# 2152 No Sleeping in Shul
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Q. If one does comply with a mitzva by just sitting in a shul or beis medrash, if one gets tired during learning and needs to stop, should he better remain in the beis medrash (rather than start walking around, talking a walk, etc.)? Should one stay and comply with this mitzvah when he puts his head down, etc. on a shtender, or falls asleep on a chair?
A. 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.
Walking around the place may also be disturbing to others learning.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 5/2/2019 4:09 PM |
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# 2151 Just a Sitting Mitzvah?
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Q. Does one perform a mitzvah simply by sitting in a shul or beis medrash, even when not davening or learning Torah? What would that mitzvah be?
Shulchan Aruch (O.H. 151: 1) rules in regards to entering a shul or a beis hamedresh to call someone, that he should first sit some time, since staying in them is a mitzva, as it is written; "Ashrei yoshvei beisecha." We indeed recite thrice a day the Psalm (145) of Ashrei yoshvei beisecha, often translated as praiseworthy are the dwellers of your house. We also thank Hashem after finishing learning and after ending a volume of Talmud; "Samta chelkeinu miyoshvei beis hamedresh" for having given us the opportunity of being from the ones that stay or reside in a beis hamedresh.
A House of Study also offers spiritual protection from the surrounding dangers of the libertine streets.
(See Suka 52b)
On Pirkei Avos (5: 17) we mention: There are four types among those who attend the house of study:
He who goes and does not study–he has the reward of his going. It would seem that just attending is a rewarded mitzva.
Horav Shlomo Miller Shlit'a explained that the reason the one who does not study is rewarded, is due to the kavod and honor he bestows on the Torah being learned in the beis hamedresh.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 5/2/2019 4:04 PM |
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# 2150 Can Hold One's Drink
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Q. What should an elderly person do to be yotze with the four cups in the Pesach seder, if she can't have any wine or even diluted grape juice?
A. Horav Shlomo Miller's Shlit'a opinion is that in case of need one may drink four cups of common hot tea (not iced tea), since one may comply in need, using chamar medina, which is defined as a beverage worthy of being served to guests. It is also a beverage that one drinks simply to enjoy its taste, even when one is not thirsty. (Mishna Berura 472: 37; Igros Moshe, O. H. 2: 75).
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit'a.
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Posted 4/25/2019 4:33 PM |
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# 2149 Man Does Not Live by One Bread Alone?
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Q. If one eats a seuda on Chol Hamoed (See question 2147 above), does one need lechem mishna (two matzos) as in Yom Tov?
A. Kaf Hachaim (ibid.) does quote an opinion that on Chol Hamoed as in Rosh Chodesh it is commendable to place lechem mishne on the table. Not as an obligation, but just to show that it is different than a weekday.
Ribabos Efraim (O.H. 352) quotes Sefer Hatodoa (2: p. 224) that lechem mishna should be used in Chol Hamoed and also one should light candles as we do in Yom Tov. He explains that the Sefer Hatodoa may be following the opinion of HaGra and others that one complies with the mitzva of matza with every kezais one eats during Pesach. (See questions 2122-23, 2136).
However, the common minhag is not to place lechem mishna.
Rabbi A. Bartfeld
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Posted 4/25/2019 12:50 PM |
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# 2148 Will a Meal?
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Q. Is there a mitzva during Chol Hamoed to eat meat and drink wine as there is in Yom Tov?
A. (See question 2146 above) Piskei Teshuvos (530: 5: n. 63-64) quotes Horav M. Feinstein zt'l and Horav Eliashuv zt'l that although there is no obligation, there is on the onset a mitzva to honor Chol Hamoed at least once a day, by eating meat and drinking wine, in order to create simcha and joy.
However, Poskim mention that this mitzva, even on Yom Tov applies only to the ones that actually enjoy it. (See question 1719).
Rabbi A. Bartfeld
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Posted 4/24/2019 6:00 PM |
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# 2147 Favor the Festival Feast
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Q. On Chol Hamoed does one have to eat a seuda (Yom Tov meal) or two every day, eating matza too?
A. Mishna Berura (529: 16) quotes Rambam that one is obliged on the mitzva of simcha during Chol Hamoed as he is during Yom Tov. However in regard to kavod and oneg, honoring and experiencing pleasure there is no obligatory mitzva.
Mishna Berura (530: 1) rules that although there is no compulsion to eat a seuda with bread or matza, there is a mitzva to do so at day and at night.
See Aruch Hashulchan (249: 7) Chut Shoni (7: 1) and Shemiras Shabbos K' (42: n. 103) regarding a Chol Hamoed seuda on Erev Shabbos.
Shulchan Aruch (O.H. 188: 7) and Mishna Berura (ibid. 27) rule that since there is no compulsory mitzva to eat a seuda on Chol Hamoed, one does not have to repeat Birchas Hamazon if one forgot to recite yaale veyavo.
Rabbi A. Bartfeld
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Posted 4/24/2019 5:35 PM |
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# 2146 In Case You Have a Case on a Matzo Case
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Q. Dear Rabbi
I’m in a dilemma.
The other day while shopping for Pesach my friend texted me and asked me if I would pick up a few items for him including 10 pounds of hand Shmura matzah. I agreed and asked him for his visa number because I didn’t want to lay out all that money. He asked me to leave everything on his porch covered up so that it wouldn’t get wet (if he didn’t answer the door). To make a long story short his credit card was rejected - I texted him and he agreed to pay me back if I put the order on my Visa card, And so I ended up paying for everything. I dropped the entire order at his front porch when he didn’t answer the doorbell (as he asked me to). I sent him a text indicating what he owed me (just under $400). The next day he wrote back and said there was nothing at the door and he questioned whether under the circumstances he owes me anything.
I’m unhappy to be out almost $400. He is a g-d fearing Jew so I think he will pay up if you think he should.
A. On question 915 regarding a monetary shailah we wrote: "Horav Shlomo Miller’s Shlit’a opinion is that monetary questions of factual cases, where two or more parties are involved should be clarified and answered only by a competent Beis Din or preferably a mediator with both sides equally represented and where all sides of the case and arguments can be evenly questioned and explained. (As there is always at least two sides to every story).
The Rov also suggested that before you file a claim in Beis Din, since you are seeking reimbursement and are the party collecting, the onus of proof is on you. You should therefore consider well if you have the necessary evidence to back your claim, and avoid further losses in monies, effort and time."
It may also be advisable to contact your friend's Rabbi, maybe he can find a way to settle the case in a friendly way.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit'a
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Posted 4/23/2019 10:34 PM |
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# 2145 Until The Bitter End?
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Q. (See question 2135). When the flavor of the maror is very strong, how long should one chew the maror in one's mouth before swallowing, taking into account the strong stinging sensation involved?
A. Since one does not comply with the mitzva of maror, if it is just swallowed, Horav Shlomo Miller's opinion is that by just chewing it a bit, one complies.
Hwever, care should be taken not to eat maror that is so strong that it is practically unfit to be eaten.
Other Poskim maintain that in such case one can mix it with other types of maror. (See Hilchos Pesach 29: 2).
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit'a
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Posted 4/23/2019 1:45 PM |
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# 2144 Need some more Chometz?
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Q. Does one fulfill a mitzvah (of Biur Chametz) with every kezayis of chametz that is burned on erev Pesach?
A. Mishna Berura (445: 10) writes that one should not sell or give away all his chometz by Erev Pesach to a Gentile. He should rather reserve at least a kezais - olive volume of chometz, so he can comply with the mitzva of Tashbisu or destroying the chometz, even according to Rav Yehuda who opines it should be burned.
However, in principle since we follow the opinion of the Sages, that the mitzva is not having chometz, he has fulfilled already that mitzva. (See Minchas Chinuch 9, who maintains that Rishonim also disagree on this).
Some compare it to the mitzva of Tzitzis (Chelkas Yoev O.H. 9, Mekor Chaim 431, et.al.) and one may argue that it may be similar to wearing more taalesim, that is tantamount to more mitzvos. However, others compare it to the mitzva of shechita, in which case we don't have to search for animals to sacrifice. (Divrei Chaim 1: 9, Avnei Nezer O.H. 318, et. al.).
Horav Shlomo Miller Shlit'a would likely point out, that the common minhag is not to look for more than one has, as is the Mishna Berura's opinion.
Rabbi A. Bartfeld as advised by Rabbonim of the Kolel of Toronto Halacha Group
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Posted 4/23/2019 1:11 PM |
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# 2143 The Law on the Tablets
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Q. Are regular medical tablets or capsules, permitted during Pesach, when they are seriously needed? Is there any special way that would make their consumption more acceptable?
A. It is most important to stress that no one should refrain from taking any required medication, even if it contains chometz, and even if there is no great or imminent sakana or danger when not taken, without first consulting a competent Rov and a physician who are both familiar with one's case.
In principle chewable pills and tablets or the ones coated with a flavored covering that turns them palatable, if they may contain chometz, they should be avoided and replaced with equal non-flavored medication.
Poskim maintain that this type of tasteless tablets and pills, even if they contain chometz, since they are unfit to be considered food and the chometz they contain does not qualify as such, are permitted.
Minchas Shlomo (1: 17), and others. explain that even according to the Noda Beyehuda's opinion. that one transgresses the chometz prohibition when swallowing without chewing, it applies only to food that is usually chewed.
Igrois Moshe (O.H. 2: 92 - 3: 62), Kovetz Hilchos Pesach (12: 7) and others quote the Chazon Ish (116: 8), who maintains that the principle of "Achsevei" or converting non-food into food by considering and making it important when it is de facto eaten, does not apply in our case. The reason being is that the consumer does not see that chometz as food, but rather only as medicine or simply just as a binder that holds the ingredients together in a tablet.
Contemporary Poskim and Kashrus Organizations also point out, that in reality it is uncommon to use wheat to create the pill's binder, rather corn is normally used, not only because it is more cost effective, but also for diet concerns. Corn is not chometz, only kitniyos and usually permitted in such situations.
Horav Shlomo Miller's Shlit'a opinion is similar. The Rov added that it may be also worthwhile to consult with a knowledgeable frum pharmacist on the options available.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit'a
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Posted 4/23/2019 12:58 PM |
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# 2142 An Alcohol Problem
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Q. If someone is asked in the office he works to contribute money to buy a bottle of scotch as a gift for a Non-Jewish co-worker and he finds it very difficult to say no, can he contribute during Pesach.
A. Horav Shlomo Miller's opinion is that it is permitted if when he gives the money and he stresses that it is a gift now and he has no part in the bottle to be acquired.
bbi A. Bartfeld as advised by Horav Shlomo Miller Shlit'a
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Posted 4/23/2019 12:56 PM |
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# 2141 Mixed- up Blessings?
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Q. If one ate karpas and made the required haadama bracha and then was masiach daath and the karpas slipped from his mind and was forgotten. However, as reading the Hagada took a lengthy time, he got hungry and decided to eat some more karpas. Does he have to make a new bracha since he was masiach daath. Or maybe since he had in mind when he made the bracha that it will apply to the maror also, he does not have to make a bracha?
A. Horav Shlomo Miller's Shlit'a opinion is that he does not have to make a new brocho for a number of reasons. Since the leftover karpas was still in front of him, he was not really masiach daas. Besides, it is not uncommon for people to think that they will not eat anymore, and then change their minds, so unless he exited the home or fell asleep, he should not recite another bracha.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit'a
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Posted 4/23/2019 12:54 PM |
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# 2140 No Pass Over on Passover
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Q. When one is shopping in a store during Pesach, which contains both kosher and non-kosher foods, and one is approached by a fellow customer, who may or may not be Jewish, and that customer requests that one should take down an item from a certain shelf (because he is unable to reach that shelf/ item himself), and that item is chametz, what should one do?
Would it make a difference if you knew for certain that the person is a Jew, or you knew for certain that he is a Non Jew?
A. This was addressed in question 1308 regarding a similar question of being in a store on Chol Hamoed and there is a lady (I do not know whether or not she is Jewish) who asks me to pass her the bagels on the top shelf because she can't reach them.
Am I allowed to pass them to her?
1. Is this called benefiting from chametz?
2. Is this lifnei iver? Assisting someone to do an aveira? [In the event that she is Jewish]
To what we answered: In question 63 in regards to a nurse serving during Chol-Hamoed Pesach meals that contain chometz to non-Jewish patients. we wrote; It is forbidden for a Jewish nurse to prepare or serve meals that contain chometz during Pesach, even to non-Jewish patients. There are a number of prohibitions involved, such as “Mistaker B'isurei Hanoe” or deriving benefit from proscribed items and desiring their existence (O.H..450, 4 – Mishna.Berura. 9), Also we should be concerned that the chometz may be eaten or tasted during the process (Mishna Berura ibid. 21). Poiskim recommend that somebody whose occupation requires the handling or providing of chometz food, should ask for a substitute during Pesach or engage in a different task. (Igros Moishe C.M. 4, Yesodei Yeshurun 6, p. 207, Chashukei Chemed, Pesochim p. 190, see also Teshuvos Vehanhogos O.H. 299).
Similarly, on question 65 in regards to a Jewish patient transferring a tray of chometz food to another non-Jewish patient, laying in the next bed, during Pesach, Horav Shlomo Miller's Shlit”a opinion is that it is prohibited, as the non-Jewish patient will remain grateful for the favor done, and that constitutes a prohibited benefit of chometz. He may also transgress in the desire of the existence and being (Roitze Bekiyumoi) of this particular chometz, since he will be careful not to tip the tray and spill the food. (O.C. 450 – Chashukei Chemed, Pesochim p. 190).
The prohibition of “Lifnei Iver” or “Placing a stumbling block before the blind” is interpreted by our sages as: facilitating or helping others commit a Torah violation. (Talmud Avoda Zarah 6b) This prohibition is codified in Shulchan Aruch in several places such as Y.D. 148:5 pertaining the assisting of a Gentile in committing idolatry and in Y.D. 240:20 in regards to a father's proscription of physically chastising older children, as this will only entice them to hit back, resulting in a capital offense. Tosafos, Ramban and Ran (ibid.) and other Poiskim, are of the opinion that this prohibition is limited to cases where the recipient is unable to transgress without the giver's assistance. If, however, the idolater could reach the item independently, then one may hand it to him despite the certainty of the ensuing violation. In your particular case, the person assisted can easily get to the chometz by other means such as asking another Gentile customer or an attendant for help. (See Mishne Lemelech – H. Malve 4: 2, Chavas Yair 185, et. al.). Horav Shlomo Miller Shlit”a pointed out that the opinion of HaGra (Y.D. 151: 8) is that even when it can be done easily by others, there is still a “Lifnei Iver” prohibition
However as Tosafos (Shabbos 3a) and Shach (Y.D.151:6) mention, there is a discrete rabbinical prohibition against helping one violate Mitzvos, called “mesayea lidvar aveiro” (“helping someone commit a sin”). Igrois Moishe (Y.D. 1,72) deals with the question of mesayea when someone would perform the transgression nonetheless. (See question 207).
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 4/19/2019 11:48 AM |
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# 2139 Bottoms Up?
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Q. On Friday night we eat the bottom challa; is there reason to eat from the bottom Matzoh as opposed to the middle since this year Pesach and Seder coincide?
A. Shulchan Aruch (O.H. 274: 1) writes that on Leil Shabbos (Friday night) one holds both challos on his hands, but cuts the bottom one first. Remah (ibid.) adds that on Yom Tov or on Shabbos day he cuts the top one. The reason, he mentions, follows Kaballah.
During the Seder, Mishna Berura (475: 2) rules that one should hold on to all three challos during the brocho of Hamotzi. Then he should let go the bottom one, and bless the brocho on the matza on the top matza and the broken middle one. Pri Megadim (M. Z, 1) explains that we leave the third matza for the mitzva of Korech.
However, Piskei Teshuvos (ibid.) quotes different opinions as to what to do at the seder.
Hurav Shlomo Miler's Shlit'a opinion is that one should follow the minhag of his family.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit'a
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Posted 4/19/2019 11:31 AM |
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# 2138 Selling Point
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Q. Are you allowed to sell with the chometz an open large bag of flour, if you are machmir not to sell chometz gomur?
A. Poskim mention that there is room to be stringent in including in the sale of chometz to Gentiles chometz gomur or items that are certain to be chometz such as bread and many other baked good. The reason being that there are a number of leniencies involved in the process of the chometz sale and therefore when Biblically prohibited chometz is involved, we should abstain from having it included in that sale. (Maase Rav quoting Hagr'a, Igros Sofrim 48 quoting Rab. Akiva Eiger, Orchos Rabbenu - Pesach: 19 quoting of Chazon Ish, Teshuvos Vehanhogos 1: 309, and others).
However, in regards to dry flour that did not come in contact with water Poskim are lenient. (Teshuvos Vehanhogos - ibid., Orchos Rabbenu, ibid., Piskei Teshuvos 448: n. 44).
Horav Shlomo Miller's Shlit'a opinion is that when needed one can be lenient.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 4/18/2019 11:41 PM |
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