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Have a question? Send it in! Questions are answered by Rabbi Bartfeld.
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# 1346 A Delicate Condition
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Q. If one is offered something that is cholov stam, and he is not interested in explaining that he cannot eat it, or getting into an argument with someone who relies on Rav Moshe's so-called heter*, may he lie and claim to be lactose intolerant? Is this considered opening one's mouth to the Satan?
*I say so-called because even Rav Moshe holds that it is better to eat only cholov yisroel, and he personally was stringent for himself, so the heter is clearly not 100% l'chatchila.
A. Horav Shlomo Miller’s Shlit”a opinion is that he can answer in general terms; he does not want to partake in the offered food, as he is sensitive and it may harm him.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit’a
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Posted 6/12/2017 6:40 PM |
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# 1345 Shiva Shevuei Torah?
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Q. According to Rebi’s opinion on gemorah Shabbos, we have seven Seforim on the Torah, divided in this parsha, and the Halacha seems to follow him. Why is it then that we always mention five Chumshei Torah and that there are 24 sefarim in Tanach and not 26?
A. The question is asked by the Rashash (Shabbos 115b). Beis Shlomo (ibid.) explains that since there is no separation of four lines by Vayichi Binssoa as there is between the five Chumashim, they are considered as one as is the sefer of Trei Assar, although they are different sefarim, only count as one.
Horav Shlomo Miller’s Shlit’a opinion is similar, and Rebi also agrees that there is basically five sefarim. Yet sefer Bamidbar is divided into three.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit’a
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Posted 6/9/2017 3:23 PM |
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# 1344 A Walk In The Park
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Q. Can I carry items in a park inside a city that has an eiruv on Shabbos? Does it make a difference how big the park is? If it is surrounded by a fence and has gates? If it has benches, many trees or water fountains?
A. Poskim (Chelkas Yaakov1: 201, Orchois Chaim 358, 10-11, Shemiras Shabbos Kehilchoso N.E. 17: 118) maintain that if there is an eiruv that surrounds the city, you may carry on the parks included in the eiruv area. The above applies, even if they are larger than an area of beis sossaim (5000 sq. amos or approximately 1250 sq. meters) and could be considered the karfaf that our Sages banned carrying an object within, when it was dedicated for non-habitation purposes, and was not initially walled as part of a residence. (eino hukaf ledira).
The reason these Poskim permit is that parks are land that was set aside for public use, and is maintained for recreational and ornamental purposes. A public park is frequented by the public who sit on the benches, play on the grass or enjoy the walk and the view, therefore it would be considered hukaf ledirah. (See Chazon Ish Maasros 5: 8. Orchois Chaim ibid. quotes Poskim that disagree)
Although Shulchan Aruch (O.H. 358:1) rules that gardens and orchards are not considered hukaf ledirah. it refers to gardens and orchards that are fenced to protect their fruit and not for public use.
Biur Halachah (ibid.) explains why a “dir” used for protecting animals is considered hukaf ledirah more than gardens and orchards. See Noda Beyehuda (2: 47), and Maase Oreg p. 137 on carrying in a Zoo. Imrei Yosher (2: 80) quoting Beis Meir.
Horav Shlomo Miller’s Shlit’a opinion is to be lenient for the ones who in general use an eiruv. It is also a widely accepted view today. The Rov added that although some large parks, have areas that people cannot walk on them because of the planted flowers, flora or the thickness of the shrubs, since they are kept for ornamental and decorative purposes, they are not considered not hukaf ledirah and therefore permitted. Being fenced or not, does not in this case make much of a difference, once they are included in the city eiruv.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit’a
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Posted 6/9/2017 3:12 PM |
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# 1343 Behind Closed Doors
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Q. Re- question 1327 on using a hotel key-card on Shabbos and the challenge this almost universal change now presents to the observant traveler, I heard from Rabbi M. Skobac an easy way out. It is to fasten a cord to the inside handle the lock, and have that string slightly stick out from under the door, so it goes unnoticed. He warned that the cord should be strong enough to permit the pull on the handle, and that it is better to have a thicker and stronger cord inside, attached to a thinner string that is not that obvious under the door, only used to bring out the cord.
I have a question, since this method will only work if the cord stays attached to the far end of the handle and the cord may slip when you pull on it, can you on Shabbat open a band-aid or remove some tape from another surface (such as a sticker on a suitcase) and place it over or next to the cord, to keep the cord in place?
A. Although, placing a piece of used tape or a band-aid to secure the position of the cord on the handle, could be seen as transgressing the prohibited melocho of tikkun maneh or creating and fixing a utensil, Horav Shlomo Miller’s Shlit’a opinion is that since it is only temporary, it could be done in need. Horav Dovid Pam Shlit’a suggested using a rubber band.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a.
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Posted 6/6/2017 11:33 PM |
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# 1342 Brocho To Barter?
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Q. My daughter, is about to return from learning in a seminar in Yisroel, and a friend of hers, that resides in Yisroel, and is well connected, asked for clothing, that she and her friends would not need after seminary. In return she offered to arrange for her a visit to Horav Chaim Kanievski Shlit”a, to receive a brocha from the Tzadik and Godol Hador. My daughter was not so inclined to ask her friends, for their clothing, and would only do so if the brocha was something worth putting herself out for. Is that a proper thing to do?
A. Horav Shlomo Miller’s Shlit”a opinion is that your daughter may do so if she is inclined to. The Rov, however does not necessarily recommend doing it or not.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit’a
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Posted 6/4/2017 5:54 PM |
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# 1341 See The Daylight?
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Q. The Torah says: 'Vayehi erev vayehi boker" (mentioning night before day). The Talmud also starts out by discussing the dinim of krias Shema at night. Why, then, does the Shulchan Aruch begin with the halachos that apply in the morning? Why doesn't it follow the same pattern as the Chumash and the Talmud?
A. Actually the Torah was given in the early morning at the beginning of the day and it is then that we became obliged in keeping most mitzvos. Mishna Berura (494: 12) quoting Rav S’aadia Gaon mentions that one of the reasons for consuming milk food on Shavuos, is that on that morning they began to observe dietary laws, and preparing meat food would be practically impossible. Aptly and fittingly, the Shulchan Aruch would follow that beginning.
Horav Shlomo Miller’s Shlit’a opinion is that the Shulchan Aruch that dictates and instructs the factual practical ways in Halacha one is to follow every day, begins, when people begin their day and their activities.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 6/4/2017 5:33 PM |
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# 1340 Ruth The Moaviah or Ruth The Midyonite?
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Q. Why is Ruth called the Moaviah, and the Talmud Yebamos discusses whether she and King David, her offspring were permitted to intermarry with the Jewish nation. Rashi explains at the beginning of Megilas Ruth that she was the daughter of King Eglon, the son of Balak. And as Rashi explains at the beginning of Parshas Balak, he was from Midyan and permitted to convert and marry. So Ruth was not Ruth Hamoaviah, rather she was Ruth the Midyonite?
A. Several Meforshim deal with this question. Maharit (Kidushin 67a) explains that at the time the Torah decreed that Moabites should be prohibited; “Because they did not greet you with bread and water on the way, when you left Egypt, and because he [the people of Moab] hired Bilaam the son of Beor from Pessor in Aram Naharaim against you, to curse you.” (Devarim 23: 5), it also included Balak although he was a Midyonite, and all his descendants, as he was the initiator of the wrong committed against the Jewish Nation.
Horav Shlomo Miller’s Shlit”a opinion is that even though it is mentioned that Eglon was the son of Balak, it is common to address a descendant after many generations still as a son or daughter. It is likely that one of the forefathers of Eglon, in the many generations that transpired from Balak, was the son of a female offspring of Balak who married a Moabite. (See Chidushei R”M Meimran, Ibid.)
Horav Yaakov Hirschman Shlit”a quoted that despite that Rashi (Bamidbar 22: 4) citing Medresh Raba and Tanchuma, explains that Balak; “was not entitled to the monarchy, since he was one of the Midianite nobles… and they appointed him over them on a temporary basis,” he actually originated from Moab and then resettled in Midyan.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 6/2/2017 7:31 PM |
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# 1339 Sleep It Off?
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Q. If someone was staying up the learn the whole night of Shavuos, but then realized that he is too tired and went to sleep in his bed for an hour, when he comes back to continue learning, does he have to say Birchas Hatorah?
How about if someone went to sleep in his bed and could not fall asleep. Then decided to go to shul and learn the rest of the night does he have to make the brocho?
A. Poskim rule that one does not recite Birchas Hatorah in the first case, since his intention was only to sleep enough to be able to return to his all-night learning. Therefore there was no “hesech hada’as” or disruption of intent. (Kaf Hachaim 46: 27, et. al.). Horav Shlomo Miller Shlit’a pointed out that at daybreak he should recite the Torah blessing to continue learning until the beginning of davening.
(See Aruch Hashulchan 47: 23. in regards to sleeping before or after midnight).
Nitey Gavriel (Shavuos 20:10 – 11 p. 135) quotes Teshuvas Harosh (4: 1) who maintains that in the second case, although he went to bed with the intention of falling asleep and not learning anymore that night, since he did not actually fall asleep, he was also not masiach da’as. Therefore, there is no need to recite the brocho.
Horav Shlomo Miller’s Shlit’a opinion is that in cases where there is some doubt of having to recite the Torah blessing, which according to many Poskim is of Biblical origin, one may recite it without pronouncing Hashem’s name. He would thus comply at least on the Biblical level, the requirement of Birchas Hatorah.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit’a
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Posted 5/30/2017 5:25 PM |
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# 1338 Milk Of Kindness
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Q. The minhag to eat macholei cholov in Shavuos is very important in my family and I have always kept it. But now I’m in a very strict diet. Can I keep it by just drinking skimmed milk? If not do I have to be matir neider?
A. Horav Shlomo Miller Shlit’a pointed out that here are numerous different reasons for eating milk food on Shavuos, most of them would apply equally to consuming solid food, drinking milk or ingesting solid edibles that were mixed or soaked in milk. To quote two cited in Shulchan Aruch, the Remoh (O.H. 494: 3) mentions, that it commemorates the shtei halechem korban offered on Shavuos. This would apply also to bread soaked or baked with milk. So too would the B’air Haitev reason (ibid: 8) quoting the Zohar that “the blood turns into milk” (Bechoros 6b) and middas haddin or the quality of severe judgment turns into rachamim or compassion and kindness by learning of Torah. The same would apply to most other rationales that explain this minhag.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit’a
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Posted 5/30/2017 4:26 PM |
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# 1337 Time To Call It A Night?
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Q. If one would have a net loss of learning over Shavuos by staying up all night learning because would be too exhausted to learn over the rest of Yom Tov, is it better to go to sleep or should one stick the minhag and learn Shavuos night?
A. The source for staying awake all of the first night of Shavuos and learning Torah is mainly the Zohar on Parshios Emor and Bereshis (9). Magen Avraham (494:) quotes also from Medresh that the reason is to atone for their lateness since Hashem had to awaken the people as the were still asleep when the time for receiving of the Torah began. (See M. B. ibid. 1).
Mishnah Berura (ibid. also quotes the Arizal, that one that learns without interruption, merits to to complete the year without suffering any loss or harm. Seforim stress and assert the outstanding achievements to be acquired by learning properly and with joy on that night. (See Sheloh on Maseches Shavuos).
However, Nitei Gavriel (Shavuos 21: n. 4) quotes Mishmeres Sholom’s ruling that if one is not sure he will be able to daven properly in the morning, if he stays awake the whole night, he should better sleep and rest.
Similarly, Horav Shlomo Miller’s Shlit’a opinion is that if by staying up and learning on that night, one would neglect learning the rest of the Yom Tov, he should better sleep as required.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit’a
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Posted 5/29/2017 11:21 PM |
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# 1336 Bentching Etiquette
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Q. A Jewish man is sitting at his desk at work, having just said the words "Baruch ata Hashem Elokeinu Melech Haolam" of bentching. Suddenly, his gentile boss walks in, accompanied by an entourage of distinguished individuals in the company, who desire to greet the Jew and ask him certain questions. The head of the entourage, a gentile lady and a CEO, introduces herself to the Jew and extends her hand to him in greeting. What should the Jew do, as he may not speak now nor may he shake her hand? Regrettably, he is bentching by heart, so he cannot even point to a siddur in his hand so as to indicate that he is in the middle of Grace. What would the Rav advise him to do to avoid transgressing any issurim? [In a similar situation, there was a certain very big rabbi who pretended that he was having chest pains, and grabbed his chest, and by the time that medical assistance was summoned, he had finished davening! Is this perhaps what the Rav would advise, as certainly it is a dovor poshut that one cannot be mafsik nor may he shake a lady's hand.]
A. It is important to clarify that there are two separate issues involved in this shailah. Let us deal first with a man returning a handshake to a woman. Most Poskim prohibit returning a handshake. One of the first was Od Yosef Hai, ( P. Shoftim 22) who quotes the European practice of clenching the hands of the host and hostess when arriving in a person’s home, and states that because this expresses mutual feelings of friendship and affection, it is considered derech chibah or an affectionate act and therefore forbidden. Igrois Moshe (O. H. 1: 114) maintains that the modern handshake is likewise proscribed, even though it has become the standard greeting for men and women alike. Many other Poskim likewise rule that one may not shake any woman’s hand, Jewish or not: (Oz Nidberu 2:73, Be’er Moshe 4:130,, Rivevos Efraim 8:596:8, Avnei Yashfei 2:89:1. Emes Le-Yaakov Even Ha-Ezer 21, footnote 4; Beis Avi 2:121. et. al.). There are some dissenting opinions, specially when causing embarrassment or kavod habrios is involved. It also should be mentioned that in modern times, a refusal to return a handshake is not anymore considered by many as embarrassing someone. This is due to the fact that this is constantly done by observers of other religions and individuals afraid of disease contamination).
As far as hefsek is concerned, Horav Shlomo Miller’s Shlit’a opinion is that since you are reciting birchat hamazon, your lips should be moving and the words should be said quietly, therefore you may make them aware, by pointing to your mouth that you are praying and signal that you will finish shortly. Since your hands are busy, it will take care of the handshake too. You may also prefer to write a short explanatory note.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit’a
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Posted 5/29/2017 1:07 PM |
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# 1335 The Angle On Angels
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Q. In a number of benchers, I've seen printed that there's actually a 5th verse/stanza to Sholom Alechaim. Why is the minhag not to sing/say this verse?
A. In a number of Sephardic sidurim there is an added verse between the common third and fourth that begins with “Beshivtechem Leshalom Malachei Hashalom - When you seat in peace, angels of peace” (Sidur Otzar Hatefilos – Iyun Tefila, Sidur Tefila Hechadash – Sepharad, Vina 1922, Noam Shabbos p. 50, Imrei Shem 2: 11, See Divrei Sholom p. 262 as to the nusach of the Chida).
Mevasseres Tzion (33: p. 102) explains that the ones who omit it, is because they consider wrong asking the angels to sit, since they usually only stand. (Although the angels that visited Avraham Avinu, seemed to have reclined under a tree, they could have been different since they adopted a human body and also ate)
There are different traditions and minhagim in regards to all everyday tefilos in general as well as to what is recited during Shabbos and Yom Tov. Sholom aleichem is based on the saying of the Talmud (Shabbos 119b) that two serving angels accompany the one who returns to his house from the beis haknessess on Shabbos night etc. and we are to welcome them to our abode. Chasam Sofer omitted altogether reciting sholom aleichem, since today we do not have angels that constantly escort us. (Minhagim Ch. S. 5: 6), this is also the opinion of Hagr’a. While others refrained from saying it, since they considered improper to ask angels to bless us, as it could be misunderstood as praying to them. (Pachad Yitzchok- Tzadik 33b).
The Ya’avetz (2: 125) and others excepted because of the custom to abstain from asking for one needs on Shabbos. It is said that the Chofetz Chaim would also omit singing sholom aleichem when guest were present, in order not to delay and begin the meal as soon as possible in case the guest were hungry. However, most of the communities do sing or recite sholom aleichem.
Horav Shlomo Miller’s Shlit’a pointed out that in Lakewood Yeshiva they follow the opinion of the Hagr’a and do not recite sholom aleichem.. He also explained why on the first verse we name the angels “malachei hashores” or serving angels and then we change title and call them “malachei hasholom” or angels of peace. The reason being that since the angels witnessed that he is observing properly the Shabbos, both angels concur and are at peace with each other and proceed to bless their host with sholom. The Rov’s opinion is also, that one should always follow the minhagim and traditions of his family or the community to which he belongs.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit’a
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Posted 5/26/2017 6:05 PM |
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# 1334 Sitting In Judgment
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Q. Can a convert sit shiva and recite kadish for his benevolent and righteous father or mother that did not convert? How about if they were actively keeping another religion?
A. In question 824 we wrote; The Talmud (Yevamos 22a) teaches that although a ger who converts is considered as a new born person and looses his familial connections to his biological family, rabbinically he cannot marry his sister or other close relatives. The Talmud explains that the reason is, people will say the ger left a stronger sanctity and converted to a lesser and more lenient religion. Rambam (H. Ma’amrim 5: 11) rules that not only should a ger observe the negative commandments in regards to dishonouring or shaming his parents, but he should also show some honor and respect to them. (See also Shulchan Aruch Y.D. 241: 9) Yad Avrohom explains that honoring parents is an obligation for Bnei Noach, as we can infer from the narrative of Chom Ben Noach, yet they are not punished for non-compliance as they are in the case of the other seven Noahide mitzvos. Rabi Akiva Eiger in his notes (ibid.) maintains that it is referring to the way Gentiles in their own beliefs and laws, greatly honor their progenitors. Igrois Moshe (Y.D. 2: 130) in a similar shaile rules that even when the parent is not ill, the ger is permitted an occasional visit and is also allowed to bring along his children. However, he should do so infrequently so that the children will not adhere to the former religion of their father, join his grandparents in eating non-kosher and do other common prohibitions. Otherwise, in case of need or illness, just as one has to take care and visit the afflicted gentiles and tend to their needs, certainly and more so, the ger has to take care of his own parents. (See also Nishmas Avrohom 2: p. 276) Horav Shlomo Miller’s Shlit”a opinion is similar. (See also question 825 in this forum).
Yechave Daas (6: 60) rules that a convert can recite kadish for his parents, say the customary hashkava and pray leilui nishmosom and elevation of their souls. Yalkut Yosef (Avelus H. Kadish 12) adds that he should recite kadish in an unpretentious and demure style, not to rise the criticism of others. (See also Miyam Hahalacha 2: 16, Eitz Hachaim p. 305).
Shulchan Aruch Y.D. 374: 5) rules that a convert does not sit shiva for his parents even if they also converted, since they are regarded as being reborn again and to have lost their filial connection. (Be’er Hagola ibid. 10). Some maintain that according to the Poskim that first day avelus is Biblical, they have to sit that one day. However, the Halacha does not follow that opinion (Shach ibid. 4).
Horav Shlomo Miller’s Shlit’a opinion is that a convert should not sit shiva or recite kadish for his parents, but should offer his sincere and heartfelt prayers to Hashem in their behalf.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit’a
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Posted 5/26/2017 3:46 PM |
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# 1333 Holy Tongue!
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Q. A person who has a hard time davening in Hebrew (it takes a long time to do so, he is just starting to learn how to daven in Hebrew), may he recite part of the SE (e.g., 1st three and last three brachos) in Hebrew, and the middle brachos in English (or is it considered disrespectful to mix languages in one SE, as one would not speak that way in front of a king)?
When davening in English, may one pronounce the Eibeshter's name (Ad-noy) as Lord and Elokeinu as G-d, or is this invalid and requires that one repeat the tefilla?
A. Mishna Berura (62: 3) rules that one may recite the amida in any language that he understand, but it is preferable to say it in Hebrew.
Horav Shlomo Miller’s Shlit”a opinion is that one may divide if necessary the amida and recite parts of it in another language.
He also maintains that the names of Hashem should be said in Hebrew, even if the rest is recited in another language.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit’a
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Posted 5/26/2017 1:37 PM |
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# 1332 Advanced In Year?
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Q. I am (reciting) kaddish for a father of a female friend. He was niftar on the first day of Shavuos 5776 before sunset and buried on 8 Sivan. What would be the last day I would say kaddish? Thank you.
A. Kaddish is recited for only eleven months so as not to imply that one’s parent was an unrighteous person, since the guilty are judged for twelve months. (Remah – Shulchan Aruch Y. D. 376: 5).
In your case, when the first day of kaddish was Sivan 8, the last day to recite kaddish should have been eleven months later, on Iyar 7 (May 3), at mincha, so as not to begin month twelve. (begins at ma’ariv service).
Horav Shlomo Miller Shlit”a added that if someone is being remunerated for reciting kaddish, he may have to return some of the funds received. There are also different opinions in regards to saying it for a person that indeed qualifies as unrighteous.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 5/25/2017 10:48 PM |
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# 1331 The Shape Of Things To Come
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Q. Can you give a shape on Shabbos to the food you are eating, by cutting it with a knife or by selectively biting and eating from it, such as cutting the challah in a triangle or creating other shapes?
Can you decorate on Shabbos a cake or a dessert by pouring or spraying on it foam like cream?
A. Mishna Berura (500: 15-17) rules that it is prohibited to cut a matza or a piece of meat (even) on Yom Tov in a way that it would create a specific shape like a tzion. Chaye Adam (39: 1) also forbids joining together pieces of food to fashion a figure, as he transgresses the melacha of boneh or building.
One should also not cast forms into butter or cheese to be served in a particular image, nor shape the traditional egg and onion dish salad. (Shemiras Shabbos Kehilchoso (11: 11-13).
Horav Shlomo Miller’s Shlit”a opinion is that it is only prohibited when done for the purpose of beautifying and embellishing the food product by creating a specific figure, lettering or design, that transmits a distinct message or conveys a particular idea. Just cutting food, even if it is done to become more presentable and attractive, is permitted. By the same token, the Rov also permits icing a cake or a dessert with whipped cream from a dispenser or an aerosol can, If done without creating letters or figures.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 5/21/2017 11:08 PM |
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# 1330 Count Your Blessings
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Q. Shalom Aleichem Harav.
When one is waiting for a bagel to finish toasting and wants to eat a danish, does this constitute a bracha she’eina tzricha? assuming it doesn’t since there is significant hunger; would one make an after bracha (assuming they will not continue eating it during the meal)
Is there a Heicha Timtza for making an after bracha during a seudah for foods eaten prior to washing
Skoyach.
A. Mishna Berura (116: 4) quotes Hagraz opinion that if someone likes to consume certain foods or drinks before starting the main meal or to ingest them as an appetizer, he does not have to be concerned with reciting an unnecessary brocho. He also quotes the Chaye Odom (41: 4) that the same applies if there is a distinct waiting time before the meal begins. Vesen Brocho (p. 80) mentions that this corresponds to a time space 15 to 30 minutes. Horav Shlomo Miller’s opinion is that the same applies if one is hungry and desires to eat immediately.
Mishna Berura (ibid. 2) rules that if one ate mezonos before washing hands for the seuda, for pleasure or to satisfy his hunger, he should recite the end brocho before the beginning of the meal. However, if he plans to eat the mezonos also during the meal, Mishna Berura quoting Chayei Odom rules that it is all considered as one extended meal and the birchat hamazon recited at the end will exempt the mezonos eaten before it started.
Mishna Berura (ibid.) also maintains that if one ate before the seuda foods that one may require to recite a brocho even when eaten at the meal, such as fruits, if he does not intent to eat any more then, he should recite the end brocho on those fruits before the meal. If he did not, he should then recite this brocho during the meal. This will have one recite an after brocho while in the middle of a seuda.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 5/19/2017 7:32 PM |
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# 1329 Put Cards On The Table
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Q. (Re- prior question 1328) What is HoRav Miller’s opinion in regards to the card being muktza because it is a utensil dedicated to a prohibited task and then you would be permitted to carry it with you in the hotel and give it to a staff member to open the door. Or maybe is it muktza because of fear of monetary loss, as quoted in your answer, and then you would have to live the card at the front-desk?
A. Horav Shlomo Miller’s Shlit’a disagrees with opinion of the Melochim Om’nayich that rules a key-card to be muktze machmas chisaron kis. He maintains it is only a case of machmas issur, or by dint of the prohibition that is inherent in its normal use.
In principle, this type of muktze is permitted when the object could be used in a permitted way (letzorech guffoi), or when the space it occupies is needed for another permitted use (letzorech mekomo). However, he maintains that the use of the card by the Gentile to open the door at your request, as mentioned in question 1327, does not constitute letzorech guffoi, since you cannot open the door yourself. Therefore, the card should remain at the front-desk, from where the attendant can take it.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 5/19/2017 4:36 PM |
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# 1328 Take Offense
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Q. ( Re- question 1327). Thank you for your comprehensive answer on using an electronic key-card on Shabbat. I have two more questions. You mentioned that there is at least a rabbinic prohibition for using the card. What exactly is the offense based on?
A. Besides the known opinion of the Chazon Ish, that activating an electric circuit is boneh and constitutes a Biblical prohibition, there are different views and opinions in the Poskim.
Beis Yitzchok (Y.D. 2: 31: index) and others maintain the proscription of closing and activating an electric circuit is molid (Making changes to an object or substance. Creating a new entity on Shabbos). He writes: Creating a current flow (molid zerem) is rabbinically forbidden because in doing so one has created something new - a functioning appliance. (See Minchas Shlomo pp. 71-74; Tzitz Eliezer 1:20:10, Tz’lach Hachadash, Kuntres Acharon 1).
Poskim also assert that activating any electrical equipment involves “makkeh bepatish,” literally, striking with a hammer; an act of completing an object and bringing it into its final useful form. These Poskim cite as precedent those who prohibited winding a watch for this reason. (Chazon Ish, O. H. 50: 9; Mishp’tei Uziel 1: 13; Tzitz Eliezer 6: 6; Edus Leyisarel (Rabbi Y. E. Henkin) p. 121. (Rabbi Henkin states that perhaps only a Rabbinic prohibition is involved. The prohibition of metaken mana, is a sub-prohibition of makkeh bepatish).
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 5/19/2017 4:14 PM |
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# 1327 Out Of Key?
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Q. Is there any heter for using an electronic key card in entering a hotel room during Shabbat, if there is no light that goes on or if the light is covered?
A. The use of electronic key cards has become common worldwide for different reasons. They range from basic better security or simply to avert the need of collecting the keys from guests after they depart, therefore they are here to stay and they present a serious challenge for the Haredi traveler.
Many Poskim maintain that using an electric device that does not produce heat is only a rabbinic prohibition. (See Hachashmal Behalacha Ch. 5, Yabia Omer, O.H. 7:36, Minchas Yitzchok 3: 23. et. al. However, Chazon Ish, O. H. 50:9, maintains that completing a circuit constitutes a biblical prohibition). Therefore electronic card keys may not be used at least by rabbinical law, regardless if the turn on a light or no, and are therefore muktza on Shabbos.
There are a number of options available. The preferred, from the point of view of the Halacha, is to tape or place a magnetic strip before Shabbos over the lock’s receptacle or socket, where the latch bolt enters on the door’s frame, thus avoiding the door from locking when closed. You will need to secure valuables in a safety box or find another mechanical way to secure and lock the door. (Possibly a chain lock).
The next option is to ask a Gentile to open the door for you. Melochim Omnayich, (Horav Y. Zilberstein Shlit”a 48, p. 525), mentions two ways to allow one to ask a non-Jew to open the door on Shabbos. First, he suggests leaving sweets (or similar) in the room. When he needs to enter the room, he can tell a member of the staff "I would like to offer you some candy, but I cannot access my room.Then when the staff member unlocks the door, he will be doing it for his own benefit. Second, he quotes Horav Elyashiv zt”l who suggests telling the manager upon check-in that he can only rent the room if the room is accessible over Shabbos, and that he cannot enter the room with a card. If the manager then agrees to provide some other arrangement to allow the guest to enter the room, such as providing a staff member to unlock the door, the manager is doing so for his own benefit and not for the benefit of the Charedi client. He also maintains the the key-card becomes muktze because of “chisaron kis” or fear of monetary loss, and cannot be moved at all.
Rivevos Efraim (7: 104) cites from Teshuvos Hashavit (Rav S. T, Stern zt”l) the implementation of an added magnetic card inserter. This device was supposed to introduce indirectly by magnetic attraction the card into the lock, thus making the opening operation only a g’romo or a causative work. However the device did not seem to be usable or available.
Horav Shlomo Miller’s Shlit’a opinion is that since activating the lock mechanism could be a Biblical prohibition or may only be an issur d’rabonon, entering the room constitutes a sh’vus d’shvus or double rabbinic injunction that is permitted for a mitzva, in need or because of oneg Shabbos.
Therefore, he suggest as an alternative option to the preferred one mentioned above, namely, that when in need, the guest may leave his card at the front desk before Shabbos, and then on Shabbos ask a non-Jewish staff member to open his door. One should not ask a Gentile to open the door for minor reasons, only when the need is imperative. (See similar ruling at; The Traveler’s Halachic Guide to Hotels from Star K on-line).
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a.
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Posted 5/19/2017 11:33 AM |
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Important Numbers
