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Have a question? Send it in! Questions are answered by Rabbi Bartfeld.
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# 1325 Lag's Gilgulim
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Q. In our shul we make a seuda every year likvod Rashbi on Lag Baomer, we light candles and say divei Torah in his honor. Someone suggested that since it is also the yortzait of the Remoh, we should also include him in the divrei Torah and candles lighted. Since we have already a long standing tradition, is it correct now to change?
A. On question 15 in regards to the different gilgulim (reincarnation) of Moshe Rabeinu we wrote; Besides Hevel as the source of Moishe Rabeinu neshamah, Sheis is mentioned too, see Nahal Kedumim (Shemos 2 ), as in the acronim of Moishe, Mem = Moishe, Shin = Sheis, Hey = Hevel. Another stage to his gilgul often mentioned is Rebi Shimon Bar Yochai (Zohar ch. 3 p.134). A remez to this connection is found in the fact that the seventh of Adar (Yortzeith of Moishe Rabeinu is the same day of the week as Lag Baomer (Yortzaith of RaShb”I), also the Gematriah of Lag Baomer corresponds to the numerical value of the name Moishe (345).
It is insightful to note that many would praise the Remoh by calling on him “From Moshe to Moshe, there was none like Moshe,” words that are inscribed in his matzeiva (See also Responsa Remoh 67, that that is the way the Maharshal addressed him. See also ChavosYoir 43).
Horav Shlomo Miller’s Shlit”a opinion is that adding a small change to the accustomed tradition of the Lag Baomer seuda, does not affect the main intention of commemorating the occasion and the honor given to RaShb”I.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 5/17/2017 11:27 PM |
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# 1324 Along For The Ride
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1) An elderly lady who uses a wheel chair is going to be staying at an hotel during Shabbos where the bar mitzva of her grandson is taking place. Can she take the elevator if her caregiver presses the buttons?
The caregiver was instructed before Shabbos to bring her to the hall at a certain time, and then bring her back to her room, she does not have to tell her anything on Shabbos.
2) Can someone else staying in the hotel use the elevator on Shabbos, if there is an attendant that already knows him and to which floor he is going and he does not tell him anything when he goes in?
A. On question 991 we wrote in regards to a Shabbos Elevator; Indeed, it is prohibited to ask even a Gentile to do a prohibited task on Shabbos. However, if the Gentile is going anyway to the same floor, you may ride with him, since he is pressing the button for his own use, not for you, (there may be other issues involved, such as different sensors that you may activate unwittingly; in practice a competent rabbinical authority should be consulted with the particular details on each case.) If a non observant Jewish individual is the one pressing the button, you may not use the elevator with him, as you would be benefiting from prohibited work done on Shabbos.
In regards to your particular shaileh, Horav Shlomo Miller’s Shlit’a opinion is that the caregiver, even if instructed to do so before Shabbos, is still doing the work for a Jewish client on Shabbos. She is performing melochos that she would not be doing unless it is work done for her patient, and therefore prohibited. The same would apply to the second question of an elevator attendant that already knows the elevator rider and to which floor he is going and he does not have to be instructed.
The only way the Rov considers one can be lenient, in case of need or for the compliance of a mitzva, is if you tell the Gentile before Shabbos to push the elevator buttons with a shinui or in a modified way from normal, such as pressing the button with his knuckles, another object or similar.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 5/15/2017 10:53 PM |
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# 1323 A Close Shave?
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Q. Someone who is going to surgery on Thursday night (Lag Baomer is Sunday). Can he shave and take a haircut Thursday evening after the shekia? He keeps sefira prohibitions from Rosh Chodesh until before Shavuos?
A. On question 84 in this forum we wrote: If Lag Baomer is Sunday you can shave on Friday likvod Shabbos... You can shave from the early morning on as it is considered already Likvod Shabbos, but not from the night before (Thursday, Bein Peisach L’Shavuos p. 249). See also Nitei Gavriel Pesach 3: 49; 23 p.286
On question 279 we wrote: “When Lag Baomer occurs on Sunday you are allowed to shave and take a haircut already in the morning of Friday. Horav M. Feinstein Zt”l (M’asef Letorah Vehora’a 2, p. 19) explains that the reason for the permit is that if you would wait until Sunday, it would appear that the honor given to Lag Baomer supersedes k’vod Shabbos. Although some Poskim permit a haircut already on Thursday night (Rivevos Ephraim O.H. 1, 338 quoting Rav Binyomin Silver), Horav Shlomo Miller’s Shlit”a opinion is to be lenient in cases of need.”
Horav Shlomo Miller’s Shlit”a opinion is that in you particular case, if he can he should wait half an hour after the shekia, or delay as much as possible. If it can’t be done, he can shave already after Shekia.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a.
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Posted 5/12/2017 5:29 PM |
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# 1322 Right To Life
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Q, Dear Rav Bartfeld.
I hope this finds you well. I'm wondering if Rav Miller Shlita has a position on organ donation, specifically regarding the Ontario driver license option of listing oneself as a donor and being able to exclude certain organs for donations. I'd be grateful if you could provide me with any teshuvos or piskei halacha.
Thank you, kol tuv,
A. The Halacha view on organ donation is as complex as the issue of determining life and death.
On the one hand, we have a sacred obligation to preserve human life and pikuach nefesh overrides other mitzvos. On the other hand, due to the need of harvesting organs that are fresh and fit, we may end up rushing and terminating the donor’s life, trying to save others.
The Organ and Tissue Donor Registration form associated with the Ontario driver license, provides an option to except eight different organs, such as heart, kidneys, eyes, liver or skin. However, the decision to determine that the donor has died, rest with the medical team available at that critical time, and is likely to be contradicting the Halacha definition of death. Therefore, excepting those organs, is of no help.
There are other Halacha issues involved besides taking someones life. Such as the prohibition of deriving benefit from the death, that many Poskim maintain is Biblical. However, there are a number of heterim that do apply to different body parts – to mention only a few; Shevet M’Yehuda (p. 314) asserts that the successfully transplanted organ has revived and now being alive it does not maintain that prohibition anymore. In regards to the eye cornea, Har Tzvi (Y.D. 276) opines that it is less than a shiur kezais and should be permitted. He also argues that it may be considered; shelo kederech hanooso or not your regular use. (See also Igrois Moishe Y.D. 1: 229: 3).
There are also issues of nivul hames or desecration of a dead body. Then again Poskim argue, that in cases of great need, such as permitting an aguna to remarry, we override that prohibition (Shoel Umeishiv 1: 1: 231, Maharil Diskin Y.D. 31).
On the prohibition of not bringing the body to burial, which many maintain is only rabbinical, Poskim are also lenient in cases of great need. (Yabia Omer Y. D. 3: 22, et. al.). Yet, all the above all heterim and authorizations, apply only when they are really needed and by the right recipient. A condition that is often neglected when left to the unsupervised hand of the Halacha-uncaring medical team.
Horav Shlomo Miller’s Shlit”a opinion is that as mentioned above, due to the complexity of establishing the time of death and confirming the true necessity and need of the use of the harvested organs, according to the Halacha, one should refrain from signing an overall open consent that his family members may not be able to control anymore after his demise. Rather, he should leave the necessary instructions in the hand of a competent and experienced rabbi, that the family can trust and consult with a clear conscience.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 5/12/2017 5:13 PM |
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# 1321 Shul Shiva
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Q. If avelim are given permission to sit shiva and daven in a Beth Midrash that does no ordinarily have a daily minyan, does the ba’al tefila omit tachanun and lamentzeach (ya’ancho Hashem) and all tefilos not said in an Ovel’s house?
Is seating shiva at a shul a correct thing to do? Would this be permitted in a Beis Haknesses?
A. Horav Shlomo Miller’s Shlit’a opinion is that since this minyan was organized albeit temporarily, for people sitting shiva, they follow all shiva traditions of tefila.
It would be correct for people to sit shiva even in a Beis Haknesses, as long as they do not eat or sleep there. In a Beis Hamedresh however, even the above is permitted, for the one’s learning there. (See Shulchan Aruch O.H. 151: 1-3).
It is also a great act of chesed and kindness, to permit the ones who need, to have a place where to sit shiva in their times of sorrow and loss. (See Mishna Berura ibid. 5).
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 5/12/2017 9:24 AM |
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# 1320 Take One’s Medicine?
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Q. Hello Rav!
My wife needed some medication from her purse on shabbat, which brought up an interesting question in muktza. I believe medicine and purses are muktza, but the medicine becomes permitted if its needed. Since the medicine was accidentally left in the purse, would that make the purse completely permissible to move and open to get the medicine out or does the purse remain muktza? If it does remain muktza, what type of muktza is it? (its some category of mutzka itself, but its also a basis for the money, etc). I'm assuming it takes on the status of mutzka that can't be moved even for its place or a permissible need. However, even with it being muktza, can one still open up the zipper of the muktza purse in the normal way? If not, how should the purse be opened? Is it good enough to use an extension of the hand like salad tongs to grip the zipper and open it, or is it necessary to use a more "back-handed" manner such as using your teeth?
Any differences for sephardim?
Thank you so much
A. Horav Shlomo Miller’s Shlit’a opinion is that is she is taking the necessary medicine, or there is a chance she will be taking it, it does not become muktze. It could then be removed from the bag, which is a bosis to heter and issur.
However, If she does not take that medicine at all, it remains muktze.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 5/11/2017 12:02 PM |
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# 1319 Smell Test
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Q. During Havdalah, one recited a benediction over spices and then realized that he is completely unable to smell them and has thus recited a blessing in vain. Should he recite baruch sheim etc. immediately, or wait until after he drinks the wine? Is it necessary to repeat the blessing of hagofen, since the blessing on spices was a hefsek (it was an invalid and worthless blessing)?
A. Horav Shlomo Miller’s Shlit’a opinion is that indeed it is a brocho in vain, but he does not have to recite immediately; boruch shem kevod, rather he should continue with havdala and drink as usual.
The unnecessary brocho on besamim is not a hefsek after the fact, since it was intended for havdala after all and there was no hesech hadaas or disruption of intent. Reciting boruch shem after having said a wrong or unneeded blessing, is only a minhag, when it can’t be said immediately, it can be said after he drank the cup.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 5/10/2017 12:55 PM |
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# 1318 Miss Fire
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Q. My half sister who was my mother's daughter lives in... and is gravely ill in hospital. My mother's first husband was an avowed atheist and taught my sister to be one too. My mother became a BT (after divorce) and renewed her commitment to Yidishkeit and kept Shabbos, Kosher and Mikvah all according to Halacha. My sister followed in her father's teachings and denied the existence of G-d. She was however respectful whenever she would visit us in Toronto and did not smoke on Shabbos or turn lights on or off and in general behaved appropriately but always claiming that she does not believe.
My sister married a Jewish man and had a daughter with him... I have a good relationship with her.
My sister requested in her will to be cremated. My niece at my request spoke with her mom Friday at the hospital asking her to reconsider her decision to be cremated especially in light of my / her brother's pleading objections. My sister is adamant about it and refuses to reconsider. My niece being an estate lawyer works with frum people and is very familiar with these halachas. Notwithstanding, that she plans to follow her mother's signed wishes. My niece is also not frum but has the spark in her.
I asked my niece to text me her assessment of her mother's mental state all her life including when she wrote the will. This is the exact quote:
"I am remembering now that her mental issues were not different than those with physical ailments. She could not help herself"
Please note, this does not refer to her religiosity but her disposition which tended to be erratic and not clear thinking in general.
My Shayla is: Can my sister be considered to be a Tinoket Shenishbaat to be permissible to sit shiva and say kadish for or not should this come to pass?
Shalom.
A.
Shulchan Aruch (Y.D. 374: 4) rules based on Talmud (Moed Kattan 20b)
that one is obliged to comply with mourning for a half sibling.
However
in your case, Horav Shlomo Miller’s Shlit’a opinion is that,
although you are not obliged to sit shiva for your half-sister, you
may do so if you so desire, including the reciting of Kadish.
If
your niece is sitting shiva, and there is a chance that your sitting
with her will be influential in bringing your niece closer to Judaism
and eventually becoming a Baalas Teshuva. and it will also create
shalom bais and peace in the family, It may be advisable to do so.
The
Rov added that it is unnecessary to recite the brocho of Dayan Emes
or rend your clothing.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 5/10/2017 11:58 AM |
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# 1317 Blessings Of Life
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Q. The bracha of sheheheyanu is recited on mitzvos that come from time to time (e.g., sukkah, shofar, Yom Tov). Why is this bracha not said when making an eruiv tavshilin?
A. One may argue that you do not recite shecheyanu on a mitzva that is only a matir, or was instituted only to permit you to do something. However, Darkei Moishe (Y.D. 28: 11) mentions that one who performs shechita for the first time recites shecheyanu for covering the blood and not for the shechita itself. Yet he does not mention that the reason is because shechita is only a matir, rather because you are paining and destroying an animal.
Another reason may be that it is part and parcel of the Yom Tov itself, similar to Sefiras Haomer, where the shecheyanu on the Yom Tov includes the prior counting. The Ridvaz (4: 1327) explains that we do not recite Shecheyanu on counting Sefira since it constitutes the days of preparation and groundwork for Kabolas Hatorah on Shavuos and it is then that we do recite that brocho. (See also Birchas Hashir Vehashebach 14: 2 and 24: 3).
Horav Shlomo Miller’s Shlit”a opinion is that since there are different kinds of eiruvin, such as eiruv chatzeiror or techumim, that could be done every Shabbos and they command the same brocho of “Al Mitzvas Eiruv”, this is not considered, as a mitzva that comes only from time to time. (See Shulchan Aruch O.H. 366: 14 and Mishna Berura 79 if the bracha when doing both at the same time changes to Mitzvas Eiruvin).
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 5/8/2017 11:30 PM |
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# 1316 The $100 Baby Bill
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Q. A Jew is walking on Shabbat and sees a baby crawling in the street. He picks up the baby and gives it to the mother who is nearby. She slips a $100 bill in his pocket to thank him and walks away. What should he do? He cannot take out the money because it is muktza; he cannot shake it out because he is transferring from reshus hayachid (pocket) to reshus harabbim (the street).
A. When someone is in a street, the objects he carries are considered to be in a reshus horabim or public domain and not in a private domain. If there is no eiruv, he will not be able to carry the money on his pocket more than four amos (about two meters).
Coins are inherently (muktze machmas gufo - Mishna Berura O.H. 310: 24) and banknotes are chisaron kis (loss of valued object - Shemiras Shabbos Kehilchoso 20: n.127). Either way, they cannot be touched and removed directly, by taking them out of the pocket. However, they can be thrown out from the pocket indirectly, by shaking them out. (Tiltul mim hatzad).
If mistakenly, as a natural reaction he placed his hand in the pocket to see what’s in there and realizes it is a bill, once the bill is in his hand he can dispose of it without walking more than four amos. Although, this heter usually applies only when the muktze came to his hand in a permissible way, such as a utensil dedicated to prohibited works that was used for something allowed, and not to inherent muktze. (O.H. 308: 3, Mishna Berura ibid. 14). However, some Poskim permit when it involves a significant loss. (See Shemiras Shabbos K. ibid.). He may then, acting correctly, ask the mother to take the money back or just leave it in front of her.
If there is an eiruv, Poskim disagree whether one who is wearing a non-bosis garment with muktze in it, has to remove the muktze as soon as possible or not, and due to the loss involved may be permitted to carry it home and shake it out the pocket there. (See Mishna Berura 310: 29). Shemiras Shabbos Kehilchoso 20:75).
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 5/8/2017 12:57 PM |
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# 1315 Day One, One Day or One A Day?
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Q. I just learned that according to the Chazon Ish, as brought in Orchos Rabeinu, vol. 2, p. 94, one who said Today is the first day etc. is NOT yotzi sefiras haomer (he needs to say Today is one day, as opposed to first).
However, up until now I did not know this ruling of the Chazon Ish, whose rulings I am generally particular to follow, and have been counting "first," "second," and so on (as I count in English). May I continue counting in the future with a bracha, even though in the past I was (apparently) not yotzi?
A. Shulchan Aruch (O.H 489: 1) rules that on the first day of the sefira you count: Yom Echad – One Day (cardinal number) and not Yom Rishon – First Day (ordinal number). Divrei Shoul (Menochos 66) explains that since the Sadducees wrongly began counting the Sefirah on a Sunday which is referred to as Yom Rishon of the week, the term was changed by our sages to Yom Echad – Day One, which could apply to any day of the week.
If one counted Yom Rishon on the first day, Poskim rule that he complies after the fact. (Orchos Chaim 108 quoting Meorei Or and Divrei Hageonim 981, Nitei Gavriel, Pesach 3: 32: 1, Piskei Teshuvos 489 n. 21).
Both, Nitei Gavriel and Piskei Teshuvos also quote Orchos Rabbenu (2: 94). However, they understand that the reason the Chazon Ish said he did not comply bedieved, was because he didn’t have any intention to. The case was that one elder told his son after the shekia; tonight is the first night of sefira, and then the elder was in doubt if he could still count with a brocho that night. The Chazon Ish answered to his question; rishon is not echod, meaning that the words chosen, demonstrate that he did not have intention to count sefira at that time.
Horav Shlomo Miller’s Shlit”a opinion is similar, and you can continue counting with a brocho.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 5/8/2017 9:38 AM |
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# 1314 A Matter Of Life Not Death
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Q. Can you say a shloshim hesped thirty days before Yom Tov for a community Rabbi?
Do you recite E-l Mole Rachamim?
If permitted, why is it different than others?
A. Shulchan Aruch (O.H.547: 3) rules that one should not eulogize the departed within thirty days of an incoming Yom Tov. The reason, explains the Talmud (Moed Kattan 8a) is not to raise feelings of sadness close to days of joy or to avoid spending (for the hesped) funds necessary for Yom Tov.
However, Horav Shlomo Miller’s Shlit’a opinion is that it is permitted to eulogize within or at the shloishim day after the demise, for someone who was a Talmid Chacham or recognized by his outstanding communal work and abnegation for the benefit of the rabim. Stressing, that the purpose of the hesped is not to awaken sadness and sorrow, rather to encourage others to follow and emulate the greatness of the niftar.
If the minhag of this congregation is to recite an hazkara at shloishim, it can also be said.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 5/5/2017 4:10 PM |
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# 1313 Shiras Hachaim – A Song For Life
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Q. We, who follow Minhag Aschkenaz, Minhag Rainus, are stringent during Sefiras HaOmer, after Rosh Chodesh, not only not to listen to music, but also not to sing. This stringency was adopted by Chachmei Aschkenaz due to the added tragedies during the month of Iyyar and Sivan that resulted in the martyrdom of many communities during the Crusades.
I am privileged to be involved in singing and playing music for various stroke patients and otherwise paralyzed individuals. May I continue to do so from Rosh Chodesh Iyyar until Shavuos?
While I am asking, may I do so during the 3 weeks and/or including the Nine Days?
And if I may do so, what words of chizuk might Rav Miller have for me, since I would feel as if I am not joining with the community in their time of sorrow, and I would not like such a heter to affect me adversely? Is there some Tefila that I should say before playing or some section of Mussar or some other words of our Sages that I should study that will help me in this regard?
A. See question 1305 and 1312 above in regards to what kind of music is permitted during Sefira.
Altough, Oz Nidberu (8: 58), Shevet Halevi (8: 127), Tzitz Eliezer (15: 33) and others prohibit listening to taped vocal singing even without instrumental accompaniment, many Poskim permit just plain singing songs of praise, thanks and dveikus to Hashem even on a seudas mereius (a meal gathering of friends) when no dancing is involved. (Aruch Hashulchan 493: 2, Shulchan Aruch Horav ibid :1. See Igrois Moishe E.H. 1: 98, in regards to occasions of intense joy).
A single individual singing to himself when learning or davening etc,. is plainly permitted (Piskei Teshuvos 493: 4, Nitei Gavriel – Bein Hametzorim 15: 11). Still, Leket Yoisher quotes, that his rebbi, the Terumas Hadeshen, would not sing at all during Sefira days. Yosef Ometz (p. 128) mentions that this was also the tradition of the kehila of Frankfurt-Am-Main.
Horav Shlomo Miller’s Shlit’a opinion is that as long as the tunes are sober and not over-joyous, the benefit, healing and well-being created by singing to the stroke patients and paralyzed individuals, preempts and supersedes all the above issues, even during the Nine Days, since the songs are not for joyfulness they are not prohibited.
The Rov maintains that the chessed done to others in distress and in pain, is the greatest segula and source of brocho and hatzlocho.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 5/4/2017 5:32 PM |
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# 1312 Give Us A Ring
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Q. Is one allowed to have a telephone ringtone that's a segment of a song with musical instruments?
A. In question 104 we mentioned that in regards to the avelus of the Three Weeks, which is usually more stringent than than Sefira period, there are Poiskim who permit listening to music that is not played for the sake of enjoyment or pleasure, as one who employs workers that listen to the radio as they work, or music that is played for a child to calm him to sleep. (Nitey Gavriel , Bein Hametzorim ch. 15, 8-13). Some Poiskim understand the music prohibition as only what conduces to joy and dancing, and permit classical music, played for soothing and comforting the soul. (Shoalin Vedorshim p. 245). However others disagree. See question 1395 above.
Igros Moshe (O.H. 3: 87) permits teaching instrumental music when it is done as a professional duty and not for enjoyment, See Naharos Eisan (p. 252) in regards to permitting singing and playing music for children in school.
Shoishanas Yisroel (Ben Hametzorim 1: 18) mentions that one should change the ringtone if it was recorded for the purpose of joy.
Horav Shlomo Miller’s Shlit’a opinion is that in the onset, one should avoid this type of ringtone the year around. However, once set it does not have to be removed.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a.
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Posted 5/4/2017 4:58 PM |
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# 1311 Raise The Spirits
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Q. Father was hospitalized and went into intensive care the day before Erev Pesach. Before he was given sedatives I reminded him to do bitul chometz which he did. I’m taking care of business for him and I sold early next day his chometz via a message on the phone of his rabbi, since I couldn't leave the hospital. But the Rabbi claims he didn’t get the message on time. Can we still use the extensive spirits collection he owns after Pesach? It is a hefsed meruve and an added source of stress and unhappiness?
A. Shulchan Aruch (O.H. 448: 3) rules that even when one was accidentally unable to sell his chometz before Pesach, it remains prohibited after. However, Biur Halocho (ibid.) quotes Poskim that are lenient when one annulled the chometz before Pesach. Especially when it was an obvious mishap and force majeure, not given to be used deceivingly. (See Sidur Pesach Kehilchoso 11: 20).
Although Mishna Berura (442: 4) and many Poskim rule that “yain sorof” or alcoholic distillates made from grain (such as whiskey or vodka) are considered Biblical chometz, some are lenient and view them as only ziah or “sweat” and not proper chometz and therefore only Rabbinicaly prohibited. (Pnei Yehoshua O.H. 13. See Shaarei Teshuva 442: 3). That being the reason that many who are stringent in selling proper chometz are lenient on selling liquors and spirits.
Horav Shlomo Miller Shlit’a added another possible leniency that should be checked, namely that many chometz sale-documents contain a clause that incorporates all those individuals who attempted and wanted to be included in the selling, but were unable or forgot to do so.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 5/3/2017 9:59 AM |
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# 1310 Children Should Be Seen And Heard?
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Q. Grandparents visiting their children in Israel for Peisach, should they be joined by the children and grandchildren on the second seider so the grandparents can comply with the mitzva of vehigadta levincho, even when they only keep one day?
A. Teshuvos Vehanhogos (4: 102: 2) reasons that just as when there is no children present at the seder, one complies with this mitzva by telling the story to his wife, (P’sachim 116), although she is exempt from this mitzva herself (Rambam Avoda Zarah 12: 3), so too one would comply by telling it to his children or grandchildren who are also exempt since they keep only one day. He debates that the Halacha status of the wife may be different since even if she is exempt of this positive time dependent mitzva, she can still voluntarily accept it and if there is a bracha to be recited she can do so, which is not the case of the children in the second day since they are totally exempt.
He then concludes that that it is likely that the grand parent does comply with the mitzva, since it is mainly on him, regardless of to whom he tells the story of Yetzias Mitzraim.
He compares it to a similar question in regards to a distinguished talmid of the Brisker Rov zt”l visiting Eretz Yisroel, who came to pay his respect to his his rebbe on the last day of YomTov. The day was for the Brisker Rov already Issru Chag, while for the visitor trying to comply with the mitzva of honoring his master, it was still YomTov.
Horav Yitzchak Berkovits Shlit”a told me that Horav Eliashuv zt”l, ruled that children living in Eretz Yisroel are not obligated to partake in the second seder of visiting parents, if they find that difficult.
Horav Shlomo Miller’s Shlit”a pointed out to the Rambam (H. Chometz Umatzo 7: 1) that the mitzva is to relate the miracles and wonders that happened to our forefathers… as it says: Remember this day that you went out of Mitzraim, and it says: Remember the day of Shabbos to sanctify it. As mentioned above the mitzva is telling the story even to ourselves, similar to remembering Shabbos. So if the children or grandchildren are not present he complies with the mitzva also.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a.
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Posted 5/1/2017 1:33 PM |
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# 1309 Sold Out
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Q. I sold my house and cars before Pesach on an early mechira because we were going out of town. Sadly when we returned I found out that one of our cars was stolen. The insurance is B”H replacing it, but I have my misgivings, since after all it was not my car when it was stolen. It belonged then to the goy then, can I still collect?
A. Horav Shlomo Miller’s Shlit’a opinion is that you should check with your Rabbi if he actually sold the car itself or just the chometz therein. Many, even on an early mechira (sold before the beginning of day fourteen to avoid bedika), only sell the chometz in the house and not the house itself, to avoid questionable issues of reinstalling the mezuzos (See Lechem Haponim 114, Piskei Teshuvos 448: 12).
Shaarei Tzion (O.H. 1: 12), debates, if one can on Chol Hamoed use a vehicle that was sold and the extent of the sale involved. He rules leniently in regards to using the sold car, since he does not consider it to be a complete and legal sale, as opposed to the chometz. (See also K’ruei Moed p. 22).
Horav Shlomo Miller Shlit”a also indicated, that even if the car is to be considered legally sold, since it remained without insurance for the buyer, it may be a case of mekach tous or a mistaken and misguided act of acquisition for the unaware and now affected Gentile purchaser, resulting in the car itself not being sold.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 5/1/2017 1:26 PM |
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# 1308 All Things Must Pass?
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Q. I am in the 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]
A. 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 hometz. 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 4/30/2017 10:41 AM |
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# 1307 Still A Steal?
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Q. If someone travels to Eretz Yisroel for Pesach and he is joined by his children and grandchildren for the second sedder that they don’t keep, are the grandchildren allowed to “steal” the afikomen at the sedder?
A. See prior question (1306) as to why we permit the grasping the afikomen. While in Yerusholaim, I consulted Horav Yitzchok Berkovits Shlit’a view and he maintained that it should not be done by children who are not complying now with the seder.
Horav Shlomo Miller Shlit’a, who presented this shaileh himself, is of the opinion that it is permitted.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a.
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Posted 4/28/2017 2:35 PM |
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# 1306 Grab A Bite
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Q. What is the hetter (permit) for the tradition of the children stealing the afikoman? Are we not teaching them to do wrong?
A. Orchois Chaim, (473: 19) quoting Meiri, indeed maintains that this minhag is specious and unmerited. He adds that the Goyim use it to criticize the Jews, as teaching their children to steal. Piskei Teshuvos (473: n. 148) cites that Rav Chaim Soloveichik zt’l as well as the Rebbes of Lubavitch would discourage this tradition.
However, it has already become a widespread custom that children steal the afikomen and hide it in return for a prize, and it is supported by many Poskim. (Maharam Chalavah – Pesachim 9), Chok Yaakov 472: 2, Siddur Yaavetz 2:page 48: 3, Sheilas Rav p. 356: 33, Vayivorech Dovid 1: 58, Teshuvos Vehanhogos 3: 141, et. al.).The best known reasons for hiding and stealing the afikomen is to arouse the children’s curiosity. (Likutei Maharich 3:p. 519).
According to the opinion of Horav Elyashiv zt”l (quoted in Halacha Shel Pesach 2: p. 301: fn.. 72), this is an acceptable and beautiful tradition. The reason given is as the Talmud (Pesachim 30) teaches that we grab matzos on the night of Pesach so that the children do not fall asleep.
The interesting following reason is offered for the tradition of “stealing” the afikomen. We know that the dogs did not bark on the night of Yetzias Mitrzayim. The Talmud (Pesachim 113a), teaches that people are prompt to steal when dogs do not bark, since the dogs offer then not a deterrent. So to remember that miracle the custom is to steal the afikomen (Minhag Yisroel Torah 2: p. 291:16, Moadim L’simcha 5: p. 345: fn. 12).
Theft is normally prohibited, even if it is done for a joke, in order not to accustom oneself to steal. (Rambam H. Geneiva 1: 2, Shulchan Aruch C.M. 348: 1).
It can be argued that encouraging children to steal the afikomen is bad chinuch. However, if the thief is a member of the household, then there may be no concern since the owner of the house does not mind at all (Halichos Shlomo - Moadim p.260: fn. 219, quoting the custom of Harav Shlomo Zalman Aurbach zt”l).
Piskei Teshuvos (473: 26) quotes that it is not correct to call this minhag “stealing” the Afikomen, rather one should name it “grasping” or similar,
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a.
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Posted 4/28/2017 2:23 PM |
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Important Numbers
