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Have a question? Send it in! Questions are answered by Rabbi Bartfeld.
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# 1188 Ground Rules
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Q. I have a number of questions in regards to elections according to Halacha. 1) Firstly, what if any is the source in the Torah for having a government?
A. 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.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a.
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Posted 11/11/2016 3:02 PM |
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# 1187 Poor Prutah
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Q. How much is the amount of a prutah this days?
A. The value of a perutah according to the opinion of the Chazon Ish and Rav Chaim Noeh is 1/40 or .025 of a gram of silver, and according to the Masoro it is .0182 of a gram of silver (Masores Hashekel p.119, Be'er Chaim p. 207)
At today’s (Marcheshvan 5777) price of silver (about $0.55 U.S.D. per gram) it would result in $0.0125 or $0.0091, a bit more or less than a penny. (See question 1024 on this forum).
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 11/11/2016 1:26 PM |
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# 1186 Early Sale
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Q. Can you sell the Aliyos of Simchas Torah on Shemini Atzeres, or is it like preparing from one Yom Tov to the next and prohibited?
A. Although Nitei Gavriel (Sukos 93: 1) rules to be stringent and to not begin selling the aliyos until the night of Simchas Torah has began, Horav Shlomo Miller's Shlit”a opinion is to be lenient. He permits auctioning even during the day of Shemini Atzeres.
Rabbi A. Bartfeld
as revised by Horav Shlomo Miller Shlit"a
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Posted 11/7/2016 4:03 PM |
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# 1185 Break The Spell?
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Q. How do you spell the name of the month in the ketuvah, Cheshvan or Marcheshvan? Is Marcheshvan written as one word or two?
A. The correct name for this month is the one word Marcheshvan (Beis Shmuel - Even Ha’ezer 126: 21, Aruch Hashulchan ibid. 17 Nachlas Shiva 4). If he only wrote Cheshvan, after the fact it is acceptable (Get Pashut ibid,)
Rabbi A. Bartfeld
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Posted 11/4/2016 1:33 PM |
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# 1184 Rain On One's Chasuna Parade
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Q. What is the reason for those who do not make weddings on Cheshvan?
A. See last question, where we mentioned an array of different opinions in regards to getting married on Marcheshvan. Those who abstain quote a number of reasons.
1) The assumption that this month is called MarCheshvan or the bitter Cheshvan due to the lack of Yomim Tovim. This reason is quoted in Sdei Chemed (Maareches Chassan Vekallah 23) and Nitei Gavriel (Nissuin 1: 48: 14) and others, although it lacks earlier sources. It is questioned in Betzel Hachochma (2: 60) since there are other months that also do not contain any days of festivity such as Elul, Tamuz and Av and are not called Mar or bitter. Poskim contend that the word Mar, on the contrary has connotations of importance and worth as in: “Mar D'ror” (Shemos 30: 23) or as in the customary title given to sages in the Talmud. It also connotes the word “Merachshin” or lips that keep on moving with the echo of the tefilos of the Yamim Noraim (Minhagei Belz). Nachlas Shiva (4) mentions that in a sense, Marcheshvan may be seen as the first of all months, since it establishes the “Kevius” or set up for the calendar on that year. According to the B'nai Yisoschor (Chodesh Marcheshvan, quoting Yalkut Melachim), the third Bais Hamikdosh will be inaugurated on that month. This is to compensate for the fact that Marcheshvan was the month when King Solomon completed the construction of the first Temple – though the dedication did not take place until Tishrei next year.
The Pri Chodosh (Even Ha’ezer 126:7) suggests that the name Marcheshvan is based on the fact that it marks the beginning of the rainy season. The Targum translated mar as tipa, a drop, in the verse “Hen goyim k’mar midli; Behold, the nations are as a drop of water from a bucket” (Ishaiah 40:15). As such, the name means the “rainy Cheshvan,” and far from mar meaning bitter, it connotes a month blessed by rains.
2) The month is infamous because of flood in the times of Noah occurred in that month. The flood began on the 17th of Cheshvan. Then again, the waters receded by the following year on the 27th of Cheshvan, allowing Noah and the other inhabitants of the ark to disembark. Interestingly, one explanation of the Tanachic name for this month Bul is that it stems from this month as the beginning of the rainy season in Israel; it is thus connected to the word mabul, flood – and the overabundance of rain.
3) It is the month when Sarah the Matriarch died. (Midrash Esther Rabba 7: 13, Sdei Chemed, ibid.), This fact is amply argued in seforim, Betzel Hachochma (2: 60) quotes Midroshim that maintain she died on Tishrei. Moreover, The Avos and Moshe, Aharon, Dovid etc. died in months that we do make weddings. It is also the month Rachel Imenu died. (See ample discussion in Osrei Lageffen p. 67)
Rabbi A. Bartfeld
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Posted 11/4/2016 12:58 PM |
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# 1183 A Closed Marriage?
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Q. I've heard that we should preferably abstain from making weddings on Chesvan is that true? Should one change the wedding date?
A. There are Poskim who maintain that one should avoid being wedded on Marchesvan, (Lev Chaim 2: 26, Sdei Chemed – Maareches Chassan Vekallah 23, who also mentions that this was the Yerushalaim and Kushta traditions, Segulos Yisroel – Maareches Nissuin 31, Minchagei Chabad p.76. Nitei Gavriel – Nissuin 1: 48: 14, who additionally quotes different Chassidic traditions)
However, many others assert that there is no issue at all on getting married on Marchechvan (Shulchan Haezer p. 61, Betzel Hachochma 2: 60, Divros Eliahu 6: 70 et. al.) Sdei Chemed (ibid.) quotes also various permissive sources and mentions that the Chassam Soffer married Rabi Akiva Eiger's daughter on this month. Nitei Gavriel (ibid.) also quotes many other Chassidic traditions who would perform marriages on this month, such as Tsanz, Belz, Tzeilem, and others.
Horav Shlomo Miller's Shlit'a opinion is that one should follow the traditions of the community he belongs to and his family minhagim.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit'a
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Posted 11/4/2016 12:57 PM |
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#1182 Keep The Faith
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Q. Is it permitted to daven in a multi faith room in an airport?
A. Beis Avi (4: 31), Shevet Hakehosi (6: 83), Menuchas Emes (3: 6: n.24) rule not to pray in a multi-faith space, so is it amply quoted in the name of Rabbi J. B. Soloveitchic zt'l. (See also Remoh O.H. 94: 9, on davening in a non-Jewish hotel).
Horav Shlomo Miller's Shlit'a is similar, he suggests to daven outside of the non-denominational room.
Care should be taken as an array of diverse faith symbols may be exposed at the entrance of the room.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a.
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Posted 10/30/2016 11:13 AM |
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# 1181 Under The Table
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Q. It says that succa is one of the few mitzvos that people do with their complete body. Since sitting or sleeping under a table that is ten tefachim high is not considered like being in the succa, should one try to sit by a table that is less than a meter high (approximately ten tefochim) so his feet will also be in the succa?
A. Kemotzeh Shallal Rav (Sukos p. 9), quotes in the name of Horav Shlomo Zalman Auerbach zt'l that there is no question that one would comply lechatchila the mitzva of suka, even if his feet were totally outside the suka, as long as the majority of him is inside. However, the HaGra's recommendation of being totally inside, in a manner similar to Yishuv Eretz Yisrael or immersing in a mikva, would be missing. See also Shalmei Toda (Sukos p. 101), who amply discusses the above.
Horav Shlomo Miller Shlit'a that there is no valid source for avoiding seating next to such a table. He also pointed out that the vast majority of tables are well below the ten tefachim height. (The average being 72cm. to 74 cm.).
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 10/28/2016 5:01 PM |
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# 1180 Sukka Mobile
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Q. Can one climb on Yom Tov or Shabbat on the back of a pick up truck where he build a Suka when travelling and eat there? Can you open the doors of the truck if the light does not go on? Can one push the truck (when in neutral) to a better location, in a fenced lot?
A. Shulchan Aruch (O.H. 624: 2) rules that one is allowed to build a sukka on top of a “agalah” or carriage as long as it is firm enough to survive an ordinary wind. Mishna Berura (ibid. 10) also mentions to be careful that the sukka should have the right dimensions.
Horav Shlomo Miller's Shlit'a opinion is that in order to open the doors of the truck on Yom Tov you may have to disconnect the battery of the vehicle since besides the lights some other unseen functions may be triggered by opening the doors in a modern computerized vehicle.
He also maintains that when needed one may push and move this truck to a desired location.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit”a
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Posted 10/21/2016 3:34 PM |
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# 1179 Rain Check
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Q. Can I open a Suka cover after it rained, if the water on the cover falls on the grass or falls on the patio stones and then on the grass? Does it matter if I take off the cover immediately while there is still rainwater on the grass?
A. Poskim rule that removing the cover of a suka is permitted after the rain even if the water falls directly on the grass, when the lawn is so wet that the additional water will not be beneficial to it's growth and one does not have any intention in watering the grass. (Halachos of Shabbos p. 59 notes, quoting Igrois Moishe). They also permit when the water does not fall directly onto the grass or plants, but rather as a secondary act into patio stones or pavement, even if the water then streams into the lawn.
Horav Shlomo Miller's Shlit”a opinion is that in case of need, the same may apply even when the rain water on the grass has dried, since at this time of the year, in northern latitudes people are not that much concerned with watering the lawn that has recently been rained on.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit”a
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Posted 10/21/2016 3:32 PM |
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# 1178 Good Gifts To Mankind?
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Q. There is a idea in chazal "soney matanos yichey." What exactly do chazal mean that one should avoid receiving presents. Should one not not want birthday presents, or if one gives someone a present as hakaras hatov for something you did for them, should one reject it? Also, a chosson or kallah who recieve presents from their new mishpacha (chosson watch....) is that not a good minhag? Thank you!
A. There are a number of reasons why our Sages thought that the one who hates gifts shall live (Mishlei 15: 27. See Talmud Megila 28a, Sota 47a , Kidushin 59a, Baba Basra 13b, Chulin 44b).
Both Rambam (Zechia Umatana 12: 17) and Shulchan Aruch (C.M. 249: 5) opine that refusing presents demonstrates bitachon and trust in Hashem's chesed and not in men.
Rashi comments on the verse in Mishlei, that “if he hates gifts, all the more so will he hate theft.” Rabbenu Yonah (Mishlei 16:27) writes similarly that “this disposition is a fence to distance coveting, and saves one from the pitfalls of flattery.”
Iyun Yaakov (Chulin ibid.) maintains that by not accepting gifts, one demonstrates concern for someone else’s assets. And since it says the one who shows compassion on others, heaven will have compassion on him, he thus increases his days. If he dedicates his time to Torah learning, he also reveals that his learning is done “lishma,” and not for ulterior reasons.
S’ma (Choshen Mishpat 249: 4) averts that receiving a gift will stop the receiver from rebuking and reprimanding the giver when he is doing wrong.
The Talmud (Berachos 10b) teaches: “One who wishes to derive benefit should do so like Elisha; one who wishes to refrain from deriving benefit should refrain as Shmuel.” Commenting on the first half of the Talmudic teaching, Rashi explains that there is no prohibition in receiving gifts: “One who wishes to derive benefit from others should do so, and there is no prohibition in this matter.” (However, Maharsha interprets that even somebody who wishes to derive benefit from others, should only do so as Elisha, who only derived benefit as a guest while journeying).
Horav Shlomo Miller's Shlit'a opinion is that often declining a gift when it is customary to accept, as in the cases you describe could be very insulting. Common sense should guide one's refusal or acceptance. When in doubt you should consult with a competent spiritual guide.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller's Shlit”a
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Posted 10/19/2016 3:52 PM |
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# 1177 Am Haaretz Misinterprets
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Q. Is a person considered a kofer (non-believer and thus makes yain nesech), if he does not accept the following: that a reshus hayachid (private domain for the purpose of the prohibition of carrying object on Shabbos) can be created by invisible walls via gud asik machitza (a partial partition that can be considered as a virtual full partition) and punishable by the death penalty if he does hachnasa (transgresses the biblical prohibition)?
A. Horav Shlomo Miller's Shlit'a opinion is that you are more likely dealing with an uneducated am haaretz, that doesn't know the intricacies and complexities of the halachos of Shabbos. One should make an effort to teach them to him. It is quite plausible that learning them will induce him to keep all the aspects of Shabbos properly. Since he does otherwise keep Shabbos and is only ignorant of some halachos, he is not a mumar.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller's Shlit”a
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Posted 10/13/2016 9:37 PM |
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# 1176 Clean Up Act
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Q. If a donated white bima cover table became very dirty and looks disgusting, can the gabay turn it backside up which is nice and clean, when the name of the donor will not be seen, and he is not present to be consulted?
A. Horav Shlomo Miller's Shlit'a opinion is that the shul should have cleaned it before Yom Tov. If that did not happen, they may turn it backside up, since we assume that the donor would agree to this.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller's Shlit”a
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Posted 10/13/2016 9:17 PM |
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#1175 A Though Pill To Swallow?
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Q. May one take headache pills on Tzom Gedalia and Yom Kippur without water? Is it preferable to take a bit of water with it on either of those days to prevent any damage to the oesophagus?
A. Horav Shlomo Miller's Shlit'a opinion is that when one suffers from a severe incapacitating headache, one may take a pill on Tzom Gedalia with the minimum necessary water for properly consuming the pill. However, on Yom Kippur this should be avoided. One should rather use the available suppositories or time delay capsules, taken before the beginning of the fast.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a.
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Posted 10/7/2016 3:51 PM |
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# 1174 Desiccate But Don’t Desecrate
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Q. 3. Can one keep desiccated animals at home? If not, why are children's dolls or the lions on the Aron Hakodesh permitted?
A. See above two questions. Poskim are even more lenient when the figures are made for children to play with them, since it is obvious that they are not being given any honor or reverence, they are just used as toys. (Maharit Y.D. 35, Peri Hasade quoted in Binyan Av 37, et. al., see Sh.Sh.K. 16: 108 in regards to making a snowman).
Poskim disagree about the propriety of decorating the aron hakodesh with sculptured or embroidered forms of lions. The ancient tradition of many shuln is to have a three dimensional form of lions either sculptured in relief or intaglio on the aron or embroidered on the poroiches, albeit only half of it. (Mordechai – Avoda Zara 3, 840, quoting Rabenu Efraim, Beis Yosef , Shulchan Aruch Y.D. 141: 4-5 ). Remoh (ibid.) maintains that when placed in a site where many attend, there is less reason for suspicion of worship.
Others consider this improper, especially in a place dedicated to honor Hashem. They mention that it is also a source of distraction (Avkas Ruchal 63, Rabenu Eliakim ibid. Sdei Tzoifim – Baba Basra 25b).
Horav Shlomo Miller’s Shlit’a opinion is to be lenient on children's toys or lions on the aron hakodesh.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 10/7/2016 3:31 PM |
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# 1173 State of the Art
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Q. 2. Are we allowed to have sculptures of humans, animals displayed in our homes?
A. Oz Nidberu (59) permits using mannequins for the display of clothes in stores. He quotes the Chochmas Odom (25: 6) that maintains that in our days when it is not common to worship statues, sculptures or figures, there is no suspicion that one may be engaged in avoda zara, and it is permitted to keep them.
However, he mentions that because the severity of the original prohibitions involved and also the Cabalistic issues concerned, many accustom to make an indentation, notch or cut on the statue or mannequin. (Pischei Teshuva Y.D. 141: 6, Ya'aros Devash 1: 2- Afarkast Deanya Y.D. 151 et. al., See also Yalkut Yosef 140,in regards to Suka decorations, where he quotes opinions that maintain even photographs are not proper)
Hoarv Shlomo Miller's Shlit'a opinion is similar to the Chochmas Odom.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 10/7/2016 3:26 PM |
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# 1172 Spitting Image?
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Q. Shalom! 1. Are we allowed to sell sculptures of humans, animals?
A. In Parshas Eikev, (Devorim 7: 25-26) the Torah commands: The graven images of their gods you will burn with fire; you shall not covet the silver or gold that is upon them and take it for yourself, - Nor should you bring an abomination into your house, lest you are to be destroyed like it, but you shall utterly detest it, and you shall utterly abhor it; for it is to be destroyed.
The command: Nor shall you bring an abomination into your house, bans bringing an idol into your home and also forbids benefiting from idolatry (Rambam, Hilchos Avodah Zarah 7:2).
However Shulchan Aruch (Y.D. 141: 1) rules that the above applies only to statues that were made for the purpose of worshipping them and serving as an avoda zara (idolatrous service). Taz (ibid. 2) maintains that unless it is a common local custom that this particular statue is used for idolatrous purposes, or we know it was actually so utilised, we are not “machzik isur” (assume a prohibition on doubt) and one can keep them or benefit from them. (See next question)
Horav Shlomo Miller's Shlit'a opinion is that although one may follow the lenient opinion and buy or sell statues that are art and have no relation to avoda zara, there is still a prohibition on creating or sculpturing human statues even when not done for worshipping purposes. This would then include buying them from Jewish sources, as it encourages the act.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 10/7/2016 3:24 PM |
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# 1171 A Good Call
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Q. Can a non-Jewish caregiver taking tending an elderly patient, phone on Yom Tov the neighbouring children and signal them that the patient has awaken and they should come to eat with him. The children would not pick up the phone, just see from call display that the caregiver is calling. All this would be arranged before Yom Tov. Is this permitted?
A. Horav Shlomo Miller's Shlit'a opinion is that if the patient is cognisant and aware, and it is important for the health and welfare of the patient to eat together with his children on Yom Tov, as it would lift up his spirits, it is permitted.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 10/7/2016 1:00 AM |
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# 1170 Can't Wash One's Hands Of
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Q. When exiting a regular W.C. (beis hakkiseh) there is no need to wash hands three times. However, when you exit a bathroom where one takes a bath you should wash hands three times. On Yom Kippur when you have to be careful not to wash unnecessarily, if one exits one of our common home bathrooms that contain also a bathtub and shower, do you have to wash three times, or maybe that applies only to a public bathroom like a mikva?
A. Horav Shlomo Miller´s Shlit´a opinion is that due to the existence of various different traditions and opinions in regards to when to wash hands after exiting the different types of available facilities, or if to wash with a keli and how many times you wash, one may on Yom Kippur maintain the minhag of how he usually washes the rest of the year. He recommends to wash only once. However, one must be careful to wash only up to “kishrei etzboisov” or the upper knuckles.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 10/6/2016 11:02 PM |
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# 1169 Beis Din Check In
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Q. Is someone was forced to go to a secular court by a Psak given by a Beis Din for refusal to attend and then he changes his mind and decides to attend Beis Din. Would automatically the heter given to the other party to take him to court be nullified?
A. Horav Shlomo Miller's Shlit'a opinion is that it would be nullified if the defendant attends without any further delays that particular Beis Din where he was summoned before. He also has to pay the plaintiff any costs that he may have incurred due to his prior refusal to attend Beis Din.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 10/1/2016 10:39 PM |
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