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Have a question? Send it in! Questions are answered by Rabbi Bartfeld.
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# 1105 Lost His Pants?
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Q. I was in a clothing store trying on a pair of pants. One of the employees in the store began marking the pants I was trying on for the purpose of alterations. Just then, the fire alarm went off and everyone had to empty the store. While we waited outside for the fire department to come, I noticed that I was late for an important appointment. I decided to go to the appointment with the new pants which I had not yet paid for, and I would come back later to pay for the pants, have them altered, and pick up my pants which I left in the change room.
When I came back to the store a few hours later, I explained the situation to the sales clerk who was very understanding. Unfortunately, my pants, which I had left in the change room, had vanished. None of the sales staff knew what became of them. My question is, while I'm sure I have to pay for the new pants, does the store have any responsibility as it pertains to my old pants that the store "lost"?
thank you.
A. Horav Shlomo Miller's Shlit'a opinion is that it is doubtful at best, whether the store would accept, as a matter of policy to become a shomer or guardian on items left behind by customers, unless one of their employees specifically accepted to keep an eye on them. Therefore, in order to collect, the onus would be on the client to prove that they accepted custody.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 7/1/2016 1:31 PM |
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#1104 Don't Fall Into the Trap
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Q. This may sound silly, but I have often wondered why, when putting an energetic, running toddler on an enclosed crib or playpen on Shabbat or when closing the door to children in a room, there is no prohibition of Tzeida or hunting?
A. Not an inane issue at all, as Sefer Hakovetz on the Rambam (H. Shabbos 10: 22) does rule that if a child fell into the water and someone fished him out using a fish net, he transgresses on a derivative of Tzeida or trapping - only permitted when life is in danger. Avnei Nezer (O.H. 189: 22) ponders whether an adult is different than a child. Shemiras Shabbos Kehilchoso (27 n. 112) quotes from Horav S. Z. Auerbach zt”l, that there is no Tzeida prohibition when capturing is done for the protection or rescue of the captured. Yesodei Yeshurun (4: p. 153) differentiates between common animal trapping and holding on to a human for shemira, as keeping him until trial or for a set time sentence, which is fundamentally different and not included in this melocho (besides being a “melocho sheino tzricho legufo.” See similar reasons in Chemdas Yisroel 1: kuntress Ner Mitzva. See also Tiv Haparsha Shelach in relation to the mekoshesh eitzim, that was jailed during Shabbos).
Tzitz Eliezer (15: 41) also assumes as a given reality, that children feel that they belong in their home and there is no Tzeida issue.
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 7/1/2016 1:21 PM |
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# 1103 Scroll Down For The Answer
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Q. I have mezuzos that were checked properly when bought and they are stored in transparent glass tubing containers where you can clearly see that even the plastic they are wrapped in, is sealed and intact. Do you have to check them every three and a half years?
A. Tosafos (Menochos 43a) mentions that the reason for checking out the mezuzos twice in a shemita cycle is not for the purpose of verifying that it was well written and there are no mistakes or misspellings, but rather to confirm that it has not been damaged (by humidity or heat) and it is still complete.
Therefore, Chasam Sofer (283) rules that no professional sofer is required and anyone can check it to ascertain that the mezuzah is still there, there is no water or rot damage and no ink has been erased from any of the letters.
Horav Shlomo Miller’s Shlit’a opinion is that in need you can rely on the fact that you can see no damage to the outside parchment of the mezuzah and the letters of Hashem’s (Shakai) name are complete. This applies only when the mezuzah is in the interior of a year-round climate controlled house and also not exposed to the direct rays of the sun or damaging humidity.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 7/1/2016 1:18 PM |
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# 1102 Able Kaddish
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Q. I have seen different minhagim with regard to saying kaddish in shul. Specifically, if there is no person saying kaddish yasom after aleinu, should a person who has previously been an avel say kaddish or should it not be said at all? Also if so, should he say multiple kaddishim, e.g. again after shir shel yom, or is one after aleinu sufficient? Also, if no rav or avel is there to say kaddish drabanan, who is qualified as a rav to say that kaddish?
Thank you very much!
A. Beis Yosef and Levush (O.H. 55) rule that one should recite no less than seven kaddeishim every day. They do not count the kaddish after aleinu in shacharis as one of them. Conversely, Mishna Berura (55: 5) considers that kaddish as one of the seven obligatory ones. Aruch Hashulchan (55: 4) maintains that one should try to answer at least ten kadeishim a day, while Igrois Hakodesh tells that he was careful to recite sixteen kadeishim daily. However Mishna Berura (55: 1) asserts that one should abstain from reciting unnecessary kadeishem, as he would be careful not to say redundant brochos.
Remah (O.H. 132: 2) rules that if there are no avelim present, the kaddish after aleinu, should be recited preferably by someone who has lost his parents. It is recited for the merit of all departed (Mate Efraim 4: 63, Nitei Gavriel 44: 19) or to sanctify publically Hashem’s holy name at the end of the tefila (Mekor Chaim 132). There is no need or benefit for a rov to recite kaddish derabbanan, as the substitute of a layman.
Horav Shlomo Miller’s Shlit”a opinion is to just recite one single kaddish at the end of davening.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 7/1/2016 1:11 PM |
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#1101 Hot Shayla
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Q. Can I do all the above (ask a Goy or place a hot item on the thermostat, see prior questions) if it is too hot and we need to turn on the AC?
A. Turning on an A.C. unit involves more severe prohibitions than turning it off, since it becomes a needed melocho (Tzricho Legufo) and you are actually benefiting from the work that a Gentile performed for you.
However, some Poskim in case of great need are lenient in instructing a Gentile, preferably telling him indirectly to do the work also with a shinui. This is based on the principle of “sh’vus deshvus” or an act that involves two distinct Rabbinical prohibitions performed together, such as telling a Gentile to perform a rabbinical prohibited melocho. The above is permitted when there is great need as when needed for the ill or those in extreme discomfort. (See Shulchan Aruch O.H. 276: 5.) It also maintains that turning on the A.C. is only a rabbinical prohibition (Minchas Yitzchok 3: 23 - 39 Melochos p. 1231.)
Horav Shlomo Miller’s Shlit’a opinion is to be lenient only in severe need. Placing a hot item on the thermostat to induce it to connect, as mentioned before, is permitted in severe need, when a child does it or with a shinui, preferably both.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 6/27/2016 11:05 PM |
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# 1100 Put On Ice Shayla?
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Put On Ice Shayla?
Q. If I can’t find a Goy can I put a small bag of ice on the thermostat and eventually it will turn itself off? See question 1098 above, in regards to turning off the AC when it is too cold.)
A. Horav Shlomo Miller’s Shlit’a opinion is that it is preferable to ask a child to place the bag of ice cubes on the thermostat when in need, or to do it with a shinui.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 6/27/2016 10:57 PM |
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# 1100 Put On Ice?
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Q. If I can’t find a Goy can I put a small bag of ice on the thermostat and eventually it will turn itself off?
A. Horav Shlomo Miller’s Shlit’a opinion is that it is preferable to ask a child to place the bag of ice cubes when in need, or to do it with a shinui.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a.
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Posted 6/24/2016 5:06 PM |
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# 1099 Cold Case
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Q. (See question 1098 above, in regards to turning off the AC when it is too cold.) Is it better if I tell one Goy to tell another Goy?
A. Mishna Berura (307: 24) quotes several opinions that permit telling one Gentile to instruct another one (amira l’amira) to do a melacha on Shabbos (Chavas Yair 53, Chasam Sofer O.H. 60.) However, Mishna Berura (ibid.) and Biur Halocho (ibid. d’h Veafilu) rule to be stringent unless there is great necessity. Shemiras Shabbos Kechilchoso (30: n 51) quotes also different opinions whether it makes a difference if the second Gentile does not know that he is performing work for a Jew and he thinks it is for the sake on the Non- Jew.
Horav Shlomo Miller’s Shlit’a opinion is similarly to be stringent. He maintains that this “heter” of “amira l’amira” should not be used by itself, only to be added to other significant reasons to be lenient and when there is great need. In our particular case, there may be some benefit to turn off the A.C. by using “ amira l’amira”
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 6/24/2016 3:31 PM |
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# 1098 Cold Enough For You?
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Q. If the AC was left on too low on Shabbos and it bothers the family especially the small children who may catch a cold, can I ask a Goy to turn it off, if I ask him indirectly?
Does it help if I ask him to do it with a shinui such as with his elbow?
A. Igrois Moshe (O.H. 3: 42) permits instructing a Gentile to turn off the A.C. in a shul for the need of people who feel uncomfortable with the excessive cold and will leave the shul.
He also permits to do so at home, even when there are no small children, since in regards to being affected by the cold, all people are considered potentially ill. (O.H. 276: 5.) What degree of coldness is considered harmful is difficult to determine and depends on many different factors (Aruch Hashulcan ibid. 12).
Horav Shlomo Miller’s Shlit’a opinion is similar. He suggests that if the Gentile could turn off the A.C. with a shinui it would be better.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 6/24/2016 1:49 PM |
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# 1097 Wonder Stone
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Q. Is the ceremony (of placing a cornerstone) recommended, and if you offer food will it become a seudas mitzvah? How about a private home?
A. Horav Shlomo Miller’s Shlit’a opinion as mentioned above (question 1096)is, that it is a proper and accepted tradition, for the reasons mentioned and if divrei Torah are said, it would be considered a seudas mitzva.
In regards to a private house, if it is being built in Eretz Yisroel, due to the mitzvah of yishuv ho’oretz, it would also be deemed a seudas mitzvah. Outside of Eretz Yisroel, there are different traditions and minhogim and one should follow his family’s established minhag. The Rov added that if the house to be build will be used to also accommodate guests in need (hachnosas orchim) or as a place where shiurim of Torah will be held, the seuda at the cornerstone ceremony would be a seudas mitzva.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 6/24/2016 1:23 PM |
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# 1096 Groundbreaking Question
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Q. Is there a source in Chazal for the ceremony of placing a cornerstone before building an institution or a shul?
A. Horav Shlomo Miller Shlit'a pointed to the posuk in Zecharya (4: 9) “Zerubbabel's hands founded (yisdu) this house, and his hands shall complete [it].” The same term is used in Melachim (1: 16: 24) “During his days, Hiel the Bethelite built Jericho; with Abiram his firstborn, he laid its foundation (yisdo).” Rashi explains: "When he laid its foundation, his firstborn son died... Now, these were Joshua’s curses, with [the loss of] his firstborn shall he lay its foundation, (yisadena)” (Yehoshua 6:26).
You find also the date for placing the cornerstone (Melachim 1: 6: 37) “In the fourth year was the foundation of the house of Hashem laid, in the month of Ziv.”
In Ezra (3: 10,11) the solemnities and festivities of the cornerstone foundation of the Second Temple are described: “And the builders laid (vayisdu) the foundation of the Temple of Hashem, and they stationed the Cohanim in their attire with trumpets, and the Leviyim, the sons of Asaf, with cymbals, to praise Hashem through Dovid the King of Israel. And they sang aloud with praise and with thanks to Hashem for He is good, for His kindness is eternal over Israel, and the entire people shouted with a great shout with praise to Hashem because the foundation of the House of Hashem was laid.” (See also Chagai 2: 15,18).
On the Posuk (Zecharya 3: 9) “For, behold the stone that I have placed before Yehoshua. Seven eyes are directed to one stone,” Rashi explains: “The foundation of the house that you laid in the days of Cyrus - they stopped you, and that foundation and the thickness of the wall appeared little in your sight....It will eventually be widened seven times as much.” See also S’forno and Radak (ibid.) that it is a reference to the foundation’s cornerstone.
It is by now a broadly spread tradition to carry out such dedication ceremonies, as is evident from the recorded Divrei Torah, discourses and addresses said by many Gedolim on such occasions. See Even Sapir (Mishlei 14) who quotes a story on the laying of the cornerstone of the yeshiva of the Maharsho and the great importance of the act.
The Rov’s opinion is that there is ample basis for the ceremonies done when beginning the construction of a Torah institution or a shul and dedicating the cornerstone, since it also helps to attain the necessary funds.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 6/24/2016 1:20 PM |
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# 1095 Fast or Feast?
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Q. I have a close friend that is getting married this Sunday, the 20 of Sivan. I heard that there may be an issue in attending a wedding on that day. Is that true?
Should you make an effort to say selichos on that day? (I daven in a shul where they don't?
A. Yisod Veshoreash Hoavodo (Shaar 9: 11) mentions that the twentieth of Sivan became a day of fasting due to the many tragedies that began on that day.
On the 20 Sivan (1171) - The first blood libel in France - tens of Jewish men and women including three great tzadikim, were burned alive in the French town of Blois on the accusation that Jews used the blood of Christian children in the preparation of matzah for Pesach.
The Shach was from the first that instituted this day as a fast day commemorating the “Gezeiros Tach V’Tat” (the catastrophic Chmielnicki massacres in Southern Poland and the Ukraine in 1648-1649, that ended the lives of approximately six hundred thousand people). It would seem, however, from his own words, that he had established the fast day only for his family and descendants. This would explain why, in 1652, the Vaad Arba Hoarotzos (Council of the Four Lands) also declared a fast on 20 Sivan; they were establishing one for the public at large. It became accepted mostly in Poland. (Taz O.H. 566).
Mishna Berura (566: 10, 574: 2) mentions in regards to the reading of Vayechal, that the 20 of Sivan in his days became less established as a day of fasting, and only a few observed it. He also, by quoting Mogen Arohom and Pri Megodim, debates about eating at a bris mila or other seudas mitzva on that day and what to do on Erev Shabbos.
Horav Shlomo Miller's Shlit'a opinion is that today the twentieth of Sivan is not a well known occasion at all and the minhag for most is not to fast or say selichos. Therefore, one may attend the wedding of a close friend and comply with the biblical mitzvah of rejoicing with the chosson and kallah.
There is also no need to search for a minyan that says selichos, which may be hard to come by, unless one has a family tradition to do so.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 6/24/2016 1:19 PM |
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# 1094 Papaya Shayla
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Q. There are different traditions as to what bracha you make on papaya, what is Rav Millers opinion?
A. The Papaya looks like a tree, it may grow ten feet tall or more, lasts for several years and produces an annual crop like a tree and has all the qualifications of a tree as determined by Chazal. However it lacks some key botanical features of a tree and exhibits properties of a “Yerek”. It bears closer similarity in many ways to a very tall stalk, since unlike a tree its stem is completely hollow on the inside and it does not usually produce branches. Its leaves and fruits grow directly on the top of the main stem, and it usually produces fruit during the first year, unlike most trees.
Since the papaya has some tree-like features and some vegetable-like features, Poskim disagree as to what is the proper brocho to be recited. Most Poskim follow Rav Pe’alim (O.H. 2: 30,) rule that papaya is not a tree and that the appropriate bracha is ha’adama. So does the Ridvaz (3: 531,) Kaf HaChaim (203: 13),Yechaveh Daas (4:52), Mekor HaBerachah, VeTein Berachah, (p.395,) Teshuvos VeHanhagos (3: 333) and Pischei Halacha. They offer different arguments or do so out doubt which is the correct brocho.
Other Poskim (Shevet Halevi 6: 165, Mishpetei Aretz, p. 27, Miperi Haaretz - quoting Horav Elyashiv zt”l) maintain that the brocho is haetz, so does too the OU website.
Horav Shlomo Miller’s Shlit’a opinion concurs with the majorities view of reciting ha'adama, since we are stringent on doubtful brochos.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 6/24/2016 12:14 AM |
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# 1093 Do Not Touch Shiduch
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Q. I like to try to make shiduchim. I'm on an email list that gives me many shiduch profiles a day. Some of these people are modern orthodox. Some of them are not shomer nagiya. One question is, if I know someone is not shomer nagiya, am I allowed to set them up with anyone? And secondly, if someone says they're modern orthodox, am I mechuyav to ask if they are shomer nagiya? In general, would I be allowed to set up people who are modern orthodox, being that they may do inappropriate things on the date? Or is it not my shaila?
Thank you in advance for your response.
A. Please refer to question 257 on this forum hereby quoted:
Is it permissible to arrange a shidduch if it is possible that the couple isn’t religious enough to keep Taharas Hamishpacha? A. Many Poskim maintain that there is no prohibition on arranging, helping or being mesader kidushin (performing the wedding ceremony) of a couple that does not observe taharas hamishpacha (family purity laws). Many require that the couple should commit to at least go once, prior to the marriage to the mikvah. (Minchas Yitzchok 1,10 – Chelkas Yaakov 1, 23 – Sridey Eish 2, 57 and 3, 28 – Hapardes year 13 vol. 5,7, 11 and year 23 vol.1 – Hilel Oimer Y.D. 67 – Hashavit Y.D. p.167).
See also question 799 in regards to buying insect contaminated raspberries for a disabled neighbour and question 989 on administering an oath to someone who is lying.
Horav Shlomo Miller's Shlit”a opinion is that you don't have to be concerned on what the individuals may do during the date.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 6/20/2016 11:32 PM |
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# 1092 Don't Picture This
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Q. I have some articles and stories that were published in a modern orthodox publication. One of the stories that got published was a shiduch story, and the publication put pictures to go along with the story, that people that are more frum would not approve of. I think it was written well, if I may say so myself. May I show people this story, if my intention is just to show the story, not because I am trying to point out the pictures? But people will see the pictures, so would this be loshon hora? This question has two parts- one, can I show it to friends just for the sake of sharing the story with them? And secondly, may I show it to potential customers as a sample of my writing?
A. Horav Shlomo Miller Shlit'a recommends to cover or blacken the offending pictures.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 6/20/2016 11:29 PM |
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# 1091 Ghost Adjusters?
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Q. I have some more questions if you don't mind. One is that I'm trying to start a ghostwriting business. I am looking to write books and booklets for people who either don't have the time or the skills to do it themselves. This involves consultations in addition to the actual writing. Are there any halachic restrictions as to what I'm allowed to charge for this service?
A. Horav Shlomo Miller's Shlit'a opinion is that you should charge the ongoing market rates for similar work. If a person is willing to pay you more because he/she values greatly your product or service, you can accept it.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 6/20/2016 11:26 PM |
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# 1090 And The Beat Goes On
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Q. (See question # 1089 above) If the heart was extracted without doing all possible to revive the patient, would Halacha permit using it after the fact, in order to save a life?
A. Horav Shlomo Miller’s Shlit”a opinion is that after the fact, once the heart extraction has been performed, the heart can be used to save someone's life. Although, usually the extraction would be done without the specific knowledge who the recipient may be; even it was known, it would be of no consequence, as the removal would have been carried out anyway for the benefit of another recipient. This applies even if the proper Halacha process mentioned in the prior answer was not followed. It also would not matter whether the donor belonged to the Jewish faith or not.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 6/17/2016 6:59 PM |
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# 1089 Not for the Faint-Hearted
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Q. Thank you so much for your answer on the new heart transplant techniques and the opportunities they offer. It is not clear from the answer according to Halacha how long should, the efforts to resuscitate the patient be continued before permitting the removal of the heart?
A. Horav Shlomo Miller's Shlit'a opinion, as stated on question 1086, is that as long as the patient’s heart can be restarted and the individual revived, he is not considered death by Halacha. There is no clear specific time interval or number of revival intents that is pertinent or relevant, it depends on the particular case and on the individual patient. The only applicable criterion is if the patient can be revived or not. A surgeon, the assistants and the voluntary donors who do not follow this guideline may be guilty of transgressing a murder prohibition or becoming an accessory to one, in the eyes of the Torah.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 6/17/2016 6:55 PM |
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# 1088 Ma'aser Purchaser
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Q. Can one buy with Maaser money cakes or other foods for Yom Tov that are sold for the benefit of an institution like a yeshiva?
A. Horav Shlomo Miller’s Shlit’a opinion is that you would have to deduct the market value of the food, and only the amount that actually reaches the institution can be contributed from Ma’aser funds,
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 6/16/2016 11:43 PM |
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# 1087 Carry the Torch?
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Q. Thank you so much for your prompt answer on the ner havdala shayle (#1081) on Motzei Shabbos – Yom Tov.
You mentioned from Mishna Berura that a candle that has several wicks is not considered as an avuka (torch) because they all are seen as one single wide wick. Does that mean that all those very popular decorative wax candles extensively sold in the stores, are not an avuka at all, and only the braided separate candles are correct? They even sell special single candles with two wicks, for the purpose of this Yakenhoiz havdole, is that a fraud?
A. Shulchan Aruch (O.H. 298: 2) rules that you comply with ner havdala even with one single candle, it is only a better mitzva if you use a torch or avuka.
After observing different single body decorative candles and the way they light, Horav Shlomo Miller's Shlit'a opinion in understanding the Mishne Berura’s p’sak, is that the ones that have a space of about 4 mm or more between the wicks are best, since you can clearly distinguish one cord from the other and ascertain that it is not a single strand. Between 2 and 3 mm, it may be questionable. Less than that they look like threads of one single wick.
You may in any case treat them as if you have a single wick candle, and add a match before you recite the brocho; that certainly creates the avuka effect.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 6/15/2016 10:32 PM |
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Important Numbers
