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Have a question? Send it in! Questions are answered by Rabbi Bartfeld.

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# 1481 Can I Help You?
Q. If a person who finished davening is learning Torah, and there are people who need him to help with a minyan, is he obligated to go and help them, even though he will lose time from his learning (because he doesn't learn during chazaras hashatz and he cannot learn out loud during the quiet SE)? Even though they could get someone from the street instead of disturbing someone who is learning? If the person refuses to go to them because "Talmud Torah keneged kulam," who is in the right?

A. Horav Shlomo Miller’s Shlit’a opinion is that there are several variable unknown factors at play such as avoiding creating a machlokes; how available are other people to join the minyan; how disturbing is this to one’s learning; can one stay a bit longer for learning and compensate for the loss, etc. Therefore, The Rov advises that the shaile should be asked to a local competent Rabbi, who is familiar with the details.
The Rov also mentioned that you can continue learning during chazoras hashatz when needed.

Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a


Posted 10/27/2017 2:15 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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# 1480 Vote Of Confidence
Q. Is there a source in our literature for elections of schul officers, gabbai, etc., or is it a concept entirely borrowed from the gentiles?

A. On question 1188 on the mitzva of electing a government we wrote: “The Netziv (Haemek Dovor – Bereshis 9: 7) explains that the commandment of “P'ru Urbu” (Be fruitful and multiply) said to Noach, incorporates in the word “Urbu” an expression of grandness and rule, necessary for humans to survive as a viable lawful society.
Others maintain that the source for establishing a government is the mitzva of “Shoftim Veshotrim” (You shall set up judges and law enforcement officials for yourself in all your cities – Devarim 16: 18). They maintain that it stands as a separate mitzva, given even before they could name a king. (See Rambam – H. Deos 2: 3, Sanhedrin 25a in regards to naming a Parness, Teshuvo Meahavo 1: 208).
Maharitz (Teshuvos Chadoshos 133) asserts that the need for the rule of a government stems from Moshe Rabbenu's plea; "Let Hashem, the G-d of spirits of all flesh, appoint a man over the congregation... so that the congregation... will not be like sheep without a shepherd."
Teshuvos Vehanhogos (3: 431) maintains that government rule it is basically a rabbinical commandment.”
On question 1190 in regards to democratic elections we wrote: Talmud (Brochos 55a) teaches that “We do not appoint a Parnes or community leader unless the people were first consulted.” Pirkei D’Rabi Eliezer (11) mentions that: “the people choose the king, the king does not choose himself.” Abarbanel (introduction to Shoftim, first part) writes: “Judges and kings are named through Beis Din, but the people have to accept them. Rambam (Peirush Hamishnayos – Bechoros 4:4) rules that the Exilarch (Reish Galussa) can only be appointed with the consent and acceptance of the community.
Rema in Shulchan Aruch (C.M. 163: 1), Hagoos Maimonios (H. Tefila 11: 2) and others rule that all tax paying individuals should be summoned to voice their opinion and the majority will decide. Avnei Nezer (Y.D. 312: 5) and others explain how majority rules. Chazon Ish (Baba Bassra 15a) describes an advisable method to be used in a large city. Namely, to choose representatives from every congregation who in turn will elect the Seven Leaders or Tovei Hair.
Horav Shlomo Miller Shlit’a mentioned the opinion of most Poskim that the people are granted a vote when they pay the community taxes.”

Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a


Posted 10/27/2017 1:48 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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# 1479 Don’t Get All Exercised
Q. The local women's only gym has been adding fitness classes run by male instructors to its roster, although initially only women were allowed into the gym. Additionally, instructors have been observed visiting the gym at times when they are not leading classes (while most women are dressed for the gym). Although there is a considerable presence of frum members, and few women have tried to impress the importance to management of a women only environment (for religious observance and other reasons) there seems to be a lack of clarity for the women who are not speaking up. What is the halachic opinion, of women exercising in an environment where instructors or other staff may be male? Is the argument that a women needs to exercise for health reasons a valid reason for a woman to attend a male fitness class? Can a woman attend a coed gym if properly attired?


A. On question 339 in regards to Yoga practiced in mixed groups we wrote that as there are issues of Tznius (modesty), Horav Shlomo Miller’s Shlit”a opinion is that it should not be carried out in mixed groups.
The Rov’s opinion in regards to gym exercises, where male instructors are present and the attendants are properly dressed, is that although it cannot be outright prohibited, it should be avoided when possible. The reason is that it can easily degrade itself into compromising and libertine situations.

Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a


Posted 10/27/2017 1:30 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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# 1478 A Modest Answer
Q. When learning about tznious and their halachos sometimes I come across the category Das Yehudis.
Can you kindly explain if this is derrobonim, doreisa? What is its status and how can I understand what it is. How should we view Das Yehudis in regards to tznious halachos.
Thank you
Ps, Can you kindly explain what the difference is between Das Moshe and Dad Yehudis.

A. Daas Moshe basically refers to all mitzvos ordained by the Torah, in practice it is used in reference to Biblical issues involved in establishing marriage or causing divorce. (Kesuvos 72a, Rashi and Meiri ibid.).
Rashbo (Tesh. 5: 246) asserts that when the word “Veyisroel” is added to “Kedas Moshe,” as when used under the chupa, it includes also Rabbinical mitzvos.
Daas Yehudis, reflects Rabbinical mitzvos usually involved in women’s tznius and modesty issues. These are based also on customs and practices that women accepted for generations, and sets them apart from other nations. (Rambam H. Ishus 24: 12, Shulchan Aruch E.H. 115: 4, Rahi and Meiri Kesuvos 72a).
Mishna (Kesuvos ibid.) quotes some cases of daas yehudis, such as in some instances going out with hair improperly covered, spinning thread in public when it causes body exposure, or engaging in conversation with all men etc.

Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a



Posted 10/27/2017 1:13 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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# 1477 The Promised Learned
Q. If a person pledged on Simchas Torah to learn a certain masechta by a certain deadline, and within the masechta there are some parts that he does not understand (difficult Gemaras), how should he comply with his vow?
Should he be matir neder?

A. Horav Shlomo Miller’s opinion is that he should try his best and daven to Hashem to help him understand the difficult passages. He does not have to be matir neder.
When making any pledge one should always say “beli neder,” so he wont incur in the prohibitions involving nedarim or oaths.
See also question 1435 regarding the different opinions on what is considered the bare minimum of having learned something, for siyum purposes.

Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a


Posted 10/27/2017 1:01 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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# 1476 Aliyah Yeah – Aliyot Not
Q. Our shul does not have the custom of everyone having an Aliyah on Simchas Torah. Our minhag also requires only having 6 Aliyos from the first Sefer Torah (including Chosson Torah).
This past Simchas Torah, the fellow who bid for the 5th Aliyah turned out to be the son the the one who bid for the 4th Aliyah. After the 4th Aliyah, the Gabbai was unsure what to do. On the one hand, he could ask the winning bidder for the 5th Aliyah to honour someone else with the Aliyah. However, he bid for it thinking he would get the Aliyah. The other idea was for the schul to seek bids for the new 5th Aliyah which would consist of 3 pesukim of the beginning of the Aliyah, and then call the son for a reduced size Aliyah that would be a Hosafah before Chosson Torah. However, maybe he didn't bid for that either because he bid for one of the mandatory 5 aliyos, not for a Hosafah.
What would Rav Miller have ruled?

A. Horav Shlomo Miller’s Shlit’a opinion is indeed to make a hosafah before Chosson Torah. The bidder for the fifth aliya, was at least partially responsible to have been aware or asked who bought the fourth, and should therefore settle with a somewhat diminished aliya.
The Rov mentioned that in Lakewood Yeshiva, although they did not normally call hosafos, when there was a simcha and the aliya required was for a Cohen, they did add a needed achron.

Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a


Posted 10/27/2017 12:28 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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# 1475 Wrong Yom
Q. A stroke patient. His family was instructed that he may not fast on Yom Kippur. Fearing he would not listen if he knew it was Yom Kippur, they did not tell him when it was Yom Kippur. However, sometime during Sukkos he decided that it was Yom Kippur and refused to eat. He fasted without any telltale effects from late afternoon till late at night the next day. Nobody could budge him from his conviction that it was Yom Kippur. Being shown the Sukka and the Arba Minim he had shook the day before did not convince him. He was sure it was Yom Kippur and that was that.

Question: Does he get schar as if he fasted on Yom Kippur? Is this called someone who tried to do a mitzva with all his effort but didn't manage to do so, that it is counted in Heaven as if he had done so?


A. It is well known the principle of the Derech Hashem expounded in Kovetz Maamorim (Maamar al Hateshuva p. 23, Kovetz Haoros 70) that in general mitzvos maintain two different aspects in their essence. One reflects the compliance to the will of Hashem by keeping and following His will and instructions. The other attest to the improvement, betterment and benefit acquired and created when performing them. This is due to the fact that the Torah is the Universal Plan of Creation, therefore the mitzvos bring about the necessary fulfillment of that plan.
Rav Elchonon Vasserman zt’l thus explains why our forefathers kept the mitzvos of the Torah even before they were ordained, as they understood the benefit created. In some unique cases, they understood the betterment to be reflected in different ways, as in Yaakov marrying two sisters.
The above also elucidates, why when someone truly wants to abide by a mitzva, but then accidentally can not, it is counted as having complied (Brochos 6a). Since although the benefit accrued from actually performing the mitzva did not materialize, the effort to follow the will of Hashem and his command was indeed achieved.
Horav Shlomo Miller’s Shlit’a opinion is that the patient was also compliant with the mitzvos of emuna, ahavas and yiraas Hashem.
The Rov added that in this case and similar ones, is to greatly care for the welfare of the patient including his mental and emotional disposition. Therefore, with common sense and good judgment, allowance and understanding should be granted to the quirks and oddities of the aged and ill.

Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a



Posted 10/27/2017 12:09 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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# 1474 The Rights Of Copy Rights II
Q. Can one borrow records, in good condition, for converting to mp3 (our copies are in rough shape, or the titles aren't for sale anywhere, for those legitimately concerned with copyright), or on CD? Are there any Halachik issues in copying vinyl records into CD format for personal use?
Thank you for all your time, knowledge, patience, and concern.

A. On question 1011, regarding making a photocopy of a recipe from a cookbook borrowed from a library, we wrote: “Poskim endeavour to explain and define what exactly are the Halacha rights that an author may have on the written words he has created or printed. Words and ideas are immaterial and not tangible objects, and the Torah given prohibitions of theft or hasogas gevul (literally “infringement of boundary,” commonly applies to unfair competition or illegal encroachment and business practices) may not necessarily apply to them. Shoel Umeshiv (1: 44) rules that the creating act of the author does grant him the exclusive ownership rights of printing and selling his creation, and for others to do so is tantamount to stealing. However, Beis Yitzchok (Y.D. 75) maintains that in principle authors rights are not eternal and he may have already traded them with the books he has sold. In practice he also agrees to the Shoel Umeshiv's opinion because one must observe the “Laws of the Land” and their definition of copyrights. Other approaches traditionally used in the past, was for the author to obtain a “Haskama” or letter of approbation from a recognized Rabbinical authority prohibiting other publishers from reprinting the work for a set period of time. Some Poskim assert that the author or publisher may condition the sale of the book and restrain the buyer from photocopying any amount even for non profit use. (Birchas Shlomo 24: 8, Minchas Tzvi 18, Darchei Choshen 7: 11, see also Igros Moshe (O. H. 4: 40: 19) Lo Kol Hazechyos Shemuros (p. 10) writes that making non commercial or non profit photocopies of a small portion of a book, is not prohibited even if the author or publisher specifically warned that no material whatsoever should be copied without their written permission. Since this does not harm the author or publisher. (The user would not have bought the book anyway for extracting only such a minimal amount of information.) Horav Shlomo Miller’s Shli”ta opinion is that in your particular case it can be assumed that a common copyright entitlement, even by the laws of the land does not prohibit a non commercial occasional photocopy.”
Horav Shlomo Miller’s Shlit’a opinion is that you are indeed allowed to borrow from others, and copy without permission from the authors, yesteryear vinyl (acceptable) Jewish music records. However, the above applies when they are not readily available now on the open market and when the copying is not done for commercial purposes.

Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a.


Posted 10/25/2017 10:41 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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# 1473 Care To Dance?
Q. If a person wants to learn during hakafos, is that wrong, as the mitzvah at that time is to dance and not to learn? The same way that a person cannot learn instead of (or during) davening, he should not be learning during hakafos when everyone else is dancing with the Torah? Or perhaps the contrary is true?

A. Mishna Berura (669: 11) conveys the great importance and significance of dancing, singing and rejoicing with the Torah when honoring the Torah is required, as it is mentioned when Dovid Hamelech conduced the Aron Hakodesh to Yerushalaim (Shmuel 2: 6: 14) “Dovid danced with all his might before Hashem.” He quotes that the Arizal would say, he merited to the most elevated spiritual heights only because he rejoiced and danced with the Torah. Similarly, the Gaon of Vilna zt”l would place all of his effort when dancing and rejoicing on Simchas Torah. The Rambam (end of H. Lulav) also describes amply the great obligation one has to rejoice and dance with the Torah.
Haelef Lecha Shlomo (37), rules that it is prohibited for someone to decline or reject being given an hakkafa, as it is akin to refusing to take an aliya, when one is called to the reading of the Torah. (See Brachos 55a, that such behavior shortens one’s life time).
However, Horav Shlomo Miller’s Shlit’a opinion is that once one has complied with the above, and it is difficult for him to continue, he should definitely rather learn, than just squander time.

Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a



Posted 10/20/2017 1:23 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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# 1472 Pay A Visit?
Q. Can you sell chosson Torah or Bereshis to someone visiting from Eretz Yisrael?

A. Poskim disagree; Chaim Shoal (1: 13) rules that one should not honor with chosson Torah or Bereishis one who is not keeping that day as Yom Tov, since it may appear to be a prank or a trivial act.
However, Chelkas Yaakov (3: 134), Sridei Eish (end) relating that Horav Yechezkel Sarna zt’l accepted the honor of being named chosson Torah when visiting Chutz Laaretz, since it was well known that the Rosh Yeshiva always received that honor and not being called would appear similar to mourning in public. Yom Tov Sheni Kechilchoso (11: 4) quotes that Horav S.Z, Auerbach and Horav M. Feinstein zt’l also permitted, arguing that this are extra aliyos, and not an essential part of the five required on Yom Tov.
Horav Shlomo Miller’s Shlit’a opinion is to avoid when not needed.

Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a


Posted 10/20/2017 12:10 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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# 1471 One For Two
Q. Can you give the same person, who is donating a very large sum much needed for the shul, both chosson Torah and chosson Bereishis?

A. Piskei Teshuvos (669: n. 21) rules that it should be avoided. Horav Shlomo Miller's Shlit'a opinion is that it is permitted in need.

Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a.


Posted 10/20/2017 12:00 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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# 1470 Two for One
Q. A minyan that has only one sefer Torah for leinning on Simchas Torah, can they call two cohanim or a son after a father for chosson Torah and Bereishis?

A. Mishna Berura (135: 36) rules that one may call to the Torah reading on Simchas Torah three consecutive Kohanim for chosson Torah, chosson Bereshis and maftir, since three different sefarim are being used. He rules similarly in regards to a father and son or two brothers (141: 6, see also Nitei Gavriel – Sukos 99: 29-30 that many Poskim agree).
It would seem from the wording that the above applies only to different sefarim and not when one single sefer Torah is being used. However, Horav Shlomo Miller’s Shlit’a opinion is that since it takes time to be golel or role the sefer to the new parsha to be read, it is permitted if needed.

Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit”a


Posted 10/20/2017 11:58 AM | Tell a Friend | Ask The Rabbi | Comments (0)


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# 1469 Save The Fish
Q. Why are we permitted to eat fish, after all Noach never saved the fish?

A. Let me first explain your question. After the end of the Mabul described in detail in this parsha, the surviving humans were given the right to consume animal meat, as the posuk says; “Every moving thing that lives shall be yours to eat; like the green vegetation, I have given you everything” (9:3.) Rashi explains quoting from Sanhedrin 59b; For I did not permit the first man [Adam] to eat meat, but only vegetation, but for you, just as the green vegetation which I permitted for the first man, I have given you everything. Ramban explains the reason being that Noach saved all animals from destruction, so therefore acquired the right to consume them. The question begs itself, since the fish were not included in the decree of destruction by the Mabul as Rashi (7: 21) quotes from the Talmud, (Sanhedrin 108a) Noach did not need save the fish. Why are we then allowed to eat fish?
A number of different answers have been offered. Avnei Nezer maintains that indeed the fish did not become permitted at the time of Noach, they only became allowed at the time the Torah was given and it specifically instructed us as to what fish we can consume. Therefore, he explains, Avraham Avinu did not serve fish to his heavenly guests in Parshas Vayero, since it was not kosher yet. In his name, Pardes Yosef also explains why we eat fish on Shabbos, since by consensus all sages agree that the Torah was given on that holy day. (Shabbos 86b)
However, Rav Yaakov Kamenetzky Zt”l in Emes LeYaakov opines the opposite. Fish because of their lack of prohibitory mitzvos were always permitted, as you perceptively noted. (See Chulin 27b) Meor Veshemesh in this parsha further explains that when Adam repented and made teshuva, he was able to fix and bring a “tikun” to all of creation. However the tikun was not total and the land animals remained affected. They still required the further tikun provided in the Teiva. That tikun was obtained by the tremendous effort and exertion of Noach and his children in feeding and serving the animals in the Ark during the year of the Mabul.
There are also different opinions in Midrashim and Talmud as to why the fish didn’t die, even though the floodwaters were boiling hot, such as the floodwaters were hot only above the ground and not above the oceans. (Bereishit Rabbah 32:11). The waters around the teiva were cold and therefore Noach did save the fish.
There is also a most unusual opinion that the teiva contained an aquarium.

Rabbi A. Bartfeld


Posted 10/20/2017 12:42 AM | Tell a Friend | Ask The Rabbi | Comments (0)


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# 1468 Two Ways About It
Q. Thank you very much for your response. (See question 1442).
Would the same be if my son in law came to my home for Shimi Atzeret, when I do not eat in the sukkah, would he not eat in the Sukkah to follow my custom (when his custom is to eat in the sukkah)?
Thank you,
A kesiva V'chasima Tova.


A. Horav Shlomo Miller’s Shlit’a opinion is that on that case he would have to follow his tradition and eat in the suka, to comply with the mitzva of eating there.
It is not the same doing an unnecessary mitzva according to your minhag, to not complying with a necessary mitzva, which is your son in law’s situation.

Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a.


Posted 10/10/2017 3:03 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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# 1467 Aiming For The Stars
Q. Can I place evergreen schach very thick on the suca to keep the cold out and just leave a corner not so thick where you can see the stars? (If it rains the water would still get inside after a while).

A. Although Shulchan Aruch (O. H. 631: 3) rules that on the onset the schach should be light enough so that the stars could be seen at night, Mishna Berura (ibid. 5) quotes Darkei Moshe and Maharil. that one may place thick schach, since at least on some places one will probably the stars. He also quotes Bikurei Yaakov, that the fact that he will be more comfortable and warm with thicker schach and not be mitztaer when suffering from the cold, preempts being able to see the stars. However, care should be taken no to overly cover the suka to the point that no rain will penetrate, since that suka will become pasul, (Magen Avrohom ibid.). Maamorei Dovid (631) permits when the shiur of a small suka (seven by seven tefachim) is left with thinner schach.
Horav Shlomo Miller Shlit’a stresses that when placing thicker schach the intention when covering the suka should remain also to provide shadow and not only to insulate from the cold, since that is the essence of the suka.

Rabbi A. Bartfeld as Revised by Horav Shlomo Miller Shlit”a


Posted 10/9/2017 3:40 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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# 1466 Nailing It Down
Q. Dear Rabbi, I’m wondering, while building the sukka, can I use a nail that sticking out of the wall of the sukka as a hook to hang my jacket? How about during Yom Tov?

A. The prohibition of not deriving benefit from noi suka decorations, begins with the onset of Yom Tov not before.
Horav Shlomo Miller’s Shlit”a opinion is that nails that support the suka although not considered decorations are part of the suka and therefore muktze lemitzvoso, yet they can be usually be used as one would use his home, as the mitzva is “teshvu kein taduru,” living in the suka, as one would do at home.
A nail placed for the purpose of hanging a decoration, but is not being used so now, can be used for the needs of one using the suka. (See similar rulings in Hilchos Suka 12: 14, and Halichos Shlomo 8: n. 28)

Rabbi A. Bartfeld as Revised by Horav Shlomo Miller Shlit”a


Posted 10/9/2017 3:31 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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# 1465 It Doesn’t Add Up
Q. Can I eat in the sukka while building it or when taking it apart after Yom Tov? Is that Baal Tosif?

A. Baal Tosif only applies when someone has intention to add days or situations that were not commanded by the Torah and treat them as if they are part of the mitzva, when they are not.

Rabbi A. Bartfeld as Revised by Horav Shlomo Miller Shlit”a


Posted 10/9/2017 3:29 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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# 1464 Public Enemy
Q. A video of a somewhat elderly woman doing kapparot with a chicken for her two dogs went viral, and many people kept on re-sending to their friends. The woman seems to be unaware that someone is recording her. Was it permitted on the beginning to record her without her knowledge and consent? And can someone, after it became so publicized, send it again to others?

A. Horav Shlomo Miller’s Shlit’a opinion is that not only it was prohibited for the initiator to place the video on the internet without the informed consent of the person being recorded, but it is also a transgression to further forward the video to others, even when it has already been widely publicized and spread on the web. The reason is that one further creates additional embarrassment and shame every time someone else becomes aware of the humiliating act recorded.
The fact that it is increasingly more common to be recorded when on public property, does not provide a heter or give permission in the eyes of Halacha, to publicize the filmed event.

Rabbi A. Bartfeld as Revised by Horav Shlomo Miller Shlit”a


Posted 10/4/2017 1:41 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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# 1463 Fast Cut Before Fast
Q. If one is makpid to get a haircut only on days when doing so is a mitzvah (erev Shabbos and yom tov), may one do so on erev Yom Kippur? I have not seen anywhere that getting a haircut Erev Yom Kippur is a mitzvah, unlike erev Shabbos or other erev yomim tovim.

A. Although taking a haircut on Erev Yom Kipur is mentioned in regards to an ovel (see Rambam H. Ovel 10: 8), indeed it seems to be disregarded for others.
Horav Shlomo Miller’s Shlit’a opinion is that most people would cut or trim their hair before Rosh Hashana or before Sucos, as mentioned in Shulchan Aruch. Thus it would be uncommon and unnecessary on Erev Yom Kipur, when time is of the essence. However, if someone needs a haircut, or in the case of a Cohen Gadol, who trims weekly, he would do so on Erev Yom Kipur too.

Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a


Posted 10/4/2017 1:32 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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# 1462 Height Makes It Right
Q. I was speaking to Rabbi Miller the other day on the phone (I live in Los Angeles) and he mentioned to me that pushing a stroller in a reshus harabim [public domain] is patur dorasia [not Biblicaly liable] because it is lemaleh myud tefachim [over ten palms] and no longer a reshus harabim. I would like to know if it is shayach [possible] for the Rav to ask Rabbi Miller the mekor [source] for that halacha as I am quite interested by such a sevarah, [reason], it would be a great tova [favor] for me!
A Gut Gebentchd Yur! Yasher Koach for the tremendous harbatzas Hatorah the whole year!

A. Chashukei Chemed (Shabbos 8a) discusses the proper way when in need (but not in danger of life) to take a child to a doctor or clinic on Shabbos where there is no eiruv. He suggests to wheel him in a children's carriage that has three sides ten tefachim high (opinions vary - 80 cm or 100 cm), and an inner area of more than four by four tefachim, since in that case the carriage itself becomes a reshus hayachid or private domain. The Talmud (ibid.) teaches that when carrying or throwing a kaveres or bee hive with those dimensions, one is exempt from a Biblical prohibition. This added to pushing the carriage in an uncommon way (shinui), would create a double shebus or Rabbinical prohibition and thus permit moving the child.
He further recommends that the handles should be higher than ten tefachim, since above the height of ten tefachim, the reshus harabim turns into a makom p’tur or exempt area, and the carriage becomes attached to the makom petur. He quotes Pri Megadim (Eishel Avrrohom 266: 7) as a source.

Horav Shlomo Miller Shlit’a concords with the last ruling and the children’s carriage becomes agud bemokom p’tur when the carriage handle reaches over ten tefachim, thus removing the Biblical prohibition of carrying, but still prohibited Rabbinically.

Rabbi A. Bartfeld as Revised by Horav Shlomo Miller Shlit”a


Posted 10/4/2017 1:23 PM | Tell a Friend | Ask The Rabbi | Comments (0)



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