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Have a question? Send it in! Questions are answered by Rabbi Bartfeld.
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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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# 1326 The Beginning Of The End
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Q. Since we require that the seven weeks counted before Shavuot should be temimot and complete, we wait until night to say Maariv. Why is that some women light candles early and even say shecheyanu then?
If a woman that has the minhag to light early and then say shecheyanu married a husband that is a baal teshuva and does not have any family minhag but belongs to a shul where most people traditionally light later, what should she do?
A. On question 291 we wrote; Piskei Teshuvos (O.H. 494, 4) rules that women should wait to light candles on the eve of Shavuos until nightfall since they recite the brocho of shecheyanu which is similar to kiddush and they accept at that time the sanctity of the day. The fact that no sefirah was counted is of no consequence; you still have to keep the seven complete weeks. A man that missed counting would also wait with Kiddush until night.
Horav Shlomo Miller Shlit”a disagrees in principle and mentions that the common custom is for women to light candles earlier as in every other Yom Tov (as it is recorded on most calendars). Men should also observe and accept toseffes Yom Tov before sunset. This does not contradict the compliance of keeping the seven complete weeks, as the total Kedushas Yom Tov is received only when reciting Kiddush at night.
On question 559 we wrote; Mishna Berura (494: 1) writes that we wait to recite Maariv until nightfall so the forty-nine days of the Sefirah are completed. Although Sh’loh (beginning of Shavuos tractate,) Mogen Avrohom (ibid.) and others maintain that we are only concerned with making kidush and eating before nightfall and not with reciting Maariv, many actually do wait. As far as women lighting candles before or after nightfall, there are different traditions. Lehoros Nossan (7: 31) explains that even though women are exempt from the time linked positive commandment of Sefiras Haomer, waiting until nightfall in Shavuos is not a direct result of complying with this mitzvah. Rather it relates to the fact that the date of Shavuos is not mentioned in the Torah but depends on the omer counting, therefore to follow that dictum, we should light candles after completing the count. Horav Shlomo Miller’s Shlit’a opinion is that one should follow his family tradition. When that is not known, he suggests to light early as with all other Yomim Tovim. (He quoted Shulachan Aruch Horav that mentions; to have in mind receiving only Tosafos Yom Tov and not the kedusha of Yom Tov Itself).
In regards to your second question, Horav Shlomo Miller’s opinion is that although normally the wife follows her spouse’s minhagim, in this case since the husband lacks a known prior family tradition he should follow his wife established tradition. In addition, it could well be that generations back, the husband’s family kept the same tradition as the wife since it is more common, as mentioned above. Besides, in regards to the tradition of the husband’s shul, you wrote in your question; “most light later,” apparently some also follow his wife minhag.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a.
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Posted 5/18/2017 10:38 PM |
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# 1325 Lag's Gilgulim
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Q. In our shul we make a seuda every year likvod Rashbi on Lag Baomer, we light candles and say divei Torah in his honor. Someone suggested that since it is also the yortzait of the Remoh, we should also include him in the divrei Torah and candles lighted. Since we have already a long standing tradition, is it correct now to change?
A. On question 15 in regards to the different gilgulim (reincarnation) of Moshe Rabeinu we wrote; Besides Hevel as the source of Moishe Rabeinu neshamah, Sheis is mentioned too, see Nahal Kedumim (Shemos 2 ), as in the acronim of Moishe, Mem = Moishe, Shin = Sheis, Hey = Hevel. Another stage to his gilgul often mentioned is Rebi Shimon Bar Yochai (Zohar ch. 3 p.134). A remez to this connection is found in the fact that the seventh of Adar (Yortzeith of Moishe Rabeinu is the same day of the week as Lag Baomer (Yortzaith of RaShb”I), also the Gematriah of Lag Baomer corresponds to the numerical value of the name Moishe (345).
It is insightful to note that many would praise the Remoh by calling on him “From Moshe to Moshe, there was none like Moshe,” words that are inscribed in his matzeiva (See also Responsa Remoh 67, that that is the way the Maharshal addressed him. See also ChavosYoir 43).
Horav Shlomo Miller’s Shlit”a opinion is that adding a small change to the accustomed tradition of the Lag Baomer seuda, does not affect the main intention of commemorating the occasion and the honor given to RaShb”I.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 5/17/2017 11:27 PM |
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# 1324 Along For The Ride
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1) An elderly lady who uses a wheel chair is going to be staying at an hotel during Shabbos where the bar mitzva of her grandson is taking place. Can she take the elevator if her caregiver presses the buttons?
The caregiver was instructed before Shabbos to bring her to the hall at a certain time, and then bring her back to her room, she does not have to tell her anything on Shabbos.
2) Can someone else staying in the hotel use the elevator on Shabbos, if there is an attendant that already knows him and to which floor he is going and he does not tell him anything when he goes in?
A. On question 991 we wrote in regards to a Shabbos Elevator; Indeed, it is prohibited to ask even a Gentile to do a prohibited task on Shabbos. However, if the Gentile is going anyway to the same floor, you may ride with him, since he is pressing the button for his own use, not for you, (there may be other issues involved, such as different sensors that you may activate unwittingly; in practice a competent rabbinical authority should be consulted with the particular details on each case.) If a non observant Jewish individual is the one pressing the button, you may not use the elevator with him, as you would be benefiting from prohibited work done on Shabbos.
In regards to your particular shaileh, Horav Shlomo Miller’s Shlit’a opinion is that the caregiver, even if instructed to do so before Shabbos, is still doing the work for a Jewish client on Shabbos. She is performing melochos that she would not be doing unless it is work done for her patient, and therefore prohibited. The same would apply to the second question of an elevator attendant that already knows the elevator rider and to which floor he is going and he does not have to be instructed.
The only way the Rov considers one can be lenient, in case of need or for the compliance of a mitzva, is if you tell the Gentile before Shabbos to push the elevator buttons with a shinui or in a modified way from normal, such as pressing the button with his knuckles, another object or similar.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 5/15/2017 10:53 PM |
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# 1323 A Close Shave?
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Q. Someone who is going to surgery on Thursday night (Lag Baomer is Sunday). Can he shave and take a haircut Thursday evening after the shekia? He keeps sefira prohibitions from Rosh Chodesh until before Shavuos?
A. On question 84 in this forum we wrote: If Lag Baomer is Sunday you can shave on Friday likvod Shabbos... You can shave from the early morning on as it is considered already Likvod Shabbos, but not from the night before (Thursday, Bein Peisach L’Shavuos p. 249). See also Nitei Gavriel Pesach 3: 49; 23 p.286
On question 279 we wrote: “When Lag Baomer occurs on Sunday you are allowed to shave and take a haircut already in the morning of Friday. Horav M. Feinstein Zt”l (M’asef Letorah Vehora’a 2, p. 19) explains that the reason for the permit is that if you would wait until Sunday, it would appear that the honor given to Lag Baomer supersedes k’vod Shabbos. Although some Poskim permit a haircut already on Thursday night (Rivevos Ephraim O.H. 1, 338 quoting Rav Binyomin Silver), Horav Shlomo Miller’s Shlit”a opinion is to be lenient in cases of need.”
Horav Shlomo Miller’s Shlit”a opinion is that in you particular case, if he can he should wait half an hour after the shekia, or delay as much as possible. If it can’t be done, he can shave already after Shekia.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a.
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Posted 5/12/2017 5:29 PM |
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# 1322 Right To Life
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Q, Dear Rav Bartfeld.
I hope this finds you well. I'm wondering if Rav Miller Shlita has a position on organ donation, specifically regarding the Ontario driver license option of listing oneself as a donor and being able to exclude certain organs for donations. I'd be grateful if you could provide me with any teshuvos or piskei halacha.
Thank you, kol tuv,
A. The Halacha view on organ donation is as complex as the issue of determining life and death.
On the one hand, we have a sacred obligation to preserve human life and pikuach nefesh overrides other mitzvos. On the other hand, due to the need of harvesting organs that are fresh and fit, we may end up rushing and terminating the donor’s life, trying to save others.
The Organ and Tissue Donor Registration form associated with the Ontario driver license, provides an option to except eight different organs, such as heart, kidneys, eyes, liver or skin. However, the decision to determine that the donor has died, rest with the medical team available at that critical time, and is likely to be contradicting the Halacha definition of death. Therefore, excepting those organs, is of no help.
There are other Halacha issues involved besides taking someones life. Such as the prohibition of deriving benefit from the death, that many Poskim maintain is Biblical. However, there are a number of heterim that do apply to different body parts – to mention only a few; Shevet M’Yehuda (p. 314) asserts that the successfully transplanted organ has revived and now being alive it does not maintain that prohibition anymore. In regards to the eye cornea, Har Tzvi (Y.D. 276) opines that it is less than a shiur kezais and should be permitted. He also argues that it may be considered; shelo kederech hanooso or not your regular use. (See also Igrois Moishe Y.D. 1: 229: 3).
There are also issues of nivul hames or desecration of a dead body. Then again Poskim argue, that in cases of great need, such as permitting an aguna to remarry, we override that prohibition (Shoel Umeishiv 1: 1: 231, Maharil Diskin Y.D. 31).
On the prohibition of not bringing the body to burial, which many maintain is only rabbinical, Poskim are also lenient in cases of great need. (Yabia Omer Y. D. 3: 22, et. al.). Yet, all the above all heterim and authorizations, apply only when they are really needed and by the right recipient. A condition that is often neglected when left to the unsupervised hand of the Halacha-uncaring medical team.
Horav Shlomo Miller’s Shlit”a opinion is that as mentioned above, due to the complexity of establishing the time of death and confirming the true necessity and need of the use of the harvested organs, according to the Halacha, one should refrain from signing an overall open consent that his family members may not be able to control anymore after his demise. Rather, he should leave the necessary instructions in the hand of a competent and experienced rabbi, that the family can trust and consult with a clear conscience.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 5/12/2017 5:13 PM |
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# 1321 Shul Shiva
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Q. If avelim are given permission to sit shiva and daven in a Beth Midrash that does no ordinarily have a daily minyan, does the ba’al tefila omit tachanun and lamentzeach (ya’ancho Hashem) and all tefilos not said in an Ovel’s house?
Is seating shiva at a shul a correct thing to do? Would this be permitted in a Beis Haknesses?
A. Horav Shlomo Miller’s Shlit’a opinion is that since this minyan was organized albeit temporarily, for people sitting shiva, they follow all shiva traditions of tefila.
It would be correct for people to sit shiva even in a Beis Haknesses, as long as they do not eat or sleep there. In a Beis Hamedresh however, even the above is permitted, for the one’s learning there. (See Shulchan Aruch O.H. 151: 1-3).
It is also a great act of chesed and kindness, to permit the ones who need, to have a place where to sit shiva in their times of sorrow and loss. (See Mishna Berura ibid. 5).
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 5/12/2017 9:24 AM |
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# 1320 Take One’s Medicine?
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Q. Hello Rav!
My wife needed some medication from her purse on shabbat, which brought up an interesting question in muktza. I believe medicine and purses are muktza, but the medicine becomes permitted if its needed. Since the medicine was accidentally left in the purse, would that make the purse completely permissible to move and open to get the medicine out or does the purse remain muktza? If it does remain muktza, what type of muktza is it? (its some category of mutzka itself, but its also a basis for the money, etc). I'm assuming it takes on the status of mutzka that can't be moved even for its place or a permissible need. However, even with it being muktza, can one still open up the zipper of the muktza purse in the normal way? If not, how should the purse be opened? Is it good enough to use an extension of the hand like salad tongs to grip the zipper and open it, or is it necessary to use a more "back-handed" manner such as using your teeth?
Any differences for sephardim?
Thank you so much
A. Horav Shlomo Miller’s Shlit’a opinion is that is she is taking the necessary medicine, or there is a chance she will be taking it, it does not become muktze. It could then be removed from the bag, which is a bosis to heter and issur.
However, If she does not take that medicine at all, it remains muktze.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 5/11/2017 12:02 PM |
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# 1319 Smell Test
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Q. During Havdalah, one recited a benediction over spices and then realized that he is completely unable to smell them and has thus recited a blessing in vain. Should he recite baruch sheim etc. immediately, or wait until after he drinks the wine? Is it necessary to repeat the blessing of hagofen, since the blessing on spices was a hefsek (it was an invalid and worthless blessing)?
A. Horav Shlomo Miller’s Shlit’a opinion is that indeed it is a brocho in vain, but he does not have to recite immediately; boruch shem kevod, rather he should continue with havdala and drink as usual.
The unnecessary brocho on besamim is not a hefsek after the fact, since it was intended for havdala after all and there was no hesech hadaas or disruption of intent. Reciting boruch shem after having said a wrong or unneeded blessing, is only a minhag, when it can’t be said immediately, it can be said after he drank the cup.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 5/10/2017 12:55 PM |
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# 1318 Miss Fire
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Q. My half sister who was my mother's daughter lives in... and is gravely ill in hospital. My mother's first husband was an avowed atheist and taught my sister to be one too. My mother became a BT (after divorce) and renewed her commitment to Yidishkeit and kept Shabbos, Kosher and Mikvah all according to Halacha. My sister followed in her father's teachings and denied the existence of G-d. She was however respectful whenever she would visit us in Toronto and did not smoke on Shabbos or turn lights on or off and in general behaved appropriately but always claiming that she does not believe.
My sister married a Jewish man and had a daughter with him... I have a good relationship with her.
My sister requested in her will to be cremated. My niece at my request spoke with her mom Friday at the hospital asking her to reconsider her decision to be cremated especially in light of my / her brother's pleading objections. My sister is adamant about it and refuses to reconsider. My niece being an estate lawyer works with frum people and is very familiar with these halachas. Notwithstanding, that she plans to follow her mother's signed wishes. My niece is also not frum but has the spark in her.
I asked my niece to text me her assessment of her mother's mental state all her life including when she wrote the will. This is the exact quote:
"I am remembering now that her mental issues were not different than those with physical ailments. She could not help herself"
Please note, this does not refer to her religiosity but her disposition which tended to be erratic and not clear thinking in general.
My Shayla is: Can my sister be considered to be a Tinoket Shenishbaat to be permissible to sit shiva and say kadish for or not should this come to pass?
Shalom.
A.
Shulchan Aruch (Y.D. 374: 4) rules based on Talmud (Moed Kattan 20b)
that one is obliged to comply with mourning for a half sibling.
However
in your case, Horav Shlomo Miller’s Shlit’a opinion is that,
although you are not obliged to sit shiva for your half-sister, you
may do so if you so desire, including the reciting of Kadish.
If
your niece is sitting shiva, and there is a chance that your sitting
with her will be influential in bringing your niece closer to Judaism
and eventually becoming a Baalas Teshuva. and it will also create
shalom bais and peace in the family, It may be advisable to do so.
The
Rov added that it is unnecessary to recite the brocho of Dayan Emes
or rend your clothing.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 5/10/2017 11:58 AM |
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# 1317 Blessings Of Life
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Q. The bracha of sheheheyanu is recited on mitzvos that come from time to time (e.g., sukkah, shofar, Yom Tov). Why is this bracha not said when making an eruiv tavshilin?
A. One may argue that you do not recite shecheyanu on a mitzva that is only a matir, or was instituted only to permit you to do something. However, Darkei Moishe (Y.D. 28: 11) mentions that one who performs shechita for the first time recites shecheyanu for covering the blood and not for the shechita itself. Yet he does not mention that the reason is because shechita is only a matir, rather because you are paining and destroying an animal.
Another reason may be that it is part and parcel of the Yom Tov itself, similar to Sefiras Haomer, where the shecheyanu on the Yom Tov includes the prior counting. The Ridvaz (4: 1327) explains that we do not recite Shecheyanu on counting Sefira since it constitutes the days of preparation and groundwork for Kabolas Hatorah on Shavuos and it is then that we do recite that brocho. (See also Birchas Hashir Vehashebach 14: 2 and 24: 3).
Horav Shlomo Miller’s Shlit”a opinion is that since there are different kinds of eiruvin, such as eiruv chatzeiror or techumim, that could be done every Shabbos and they command the same brocho of “Al Mitzvas Eiruv”, this is not considered, as a mitzva that comes only from time to time. (See Shulchan Aruch O.H. 366: 14 and Mishna Berura 79 if the bracha when doing both at the same time changes to Mitzvas Eiruvin).
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 5/8/2017 11:30 PM |
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# 1316 The $100 Baby Bill
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Q. A Jew is walking on Shabbat and sees a baby crawling in the street. He picks up the baby and gives it to the mother who is nearby. She slips a $100 bill in his pocket to thank him and walks away. What should he do? He cannot take out the money because it is muktza; he cannot shake it out because he is transferring from reshus hayachid (pocket) to reshus harabbim (the street).
A. When someone is in a street, the objects he carries are considered to be in a reshus horabim or public domain and not in a private domain. If there is no eiruv, he will not be able to carry the money on his pocket more than four amos (about two meters).
Coins are inherently (muktze machmas gufo - Mishna Berura O.H. 310: 24) and banknotes are chisaron kis (loss of valued object - Shemiras Shabbos Kehilchoso 20: n.127). Either way, they cannot be touched and removed directly, by taking them out of the pocket. However, they can be thrown out from the pocket indirectly, by shaking them out. (Tiltul mim hatzad).
If mistakenly, as a natural reaction he placed his hand in the pocket to see what’s in there and realizes it is a bill, once the bill is in his hand he can dispose of it without walking more than four amos. Although, this heter usually applies only when the muktze came to his hand in a permissible way, such as a utensil dedicated to prohibited works that was used for something allowed, and not to inherent muktze. (O.H. 308: 3, Mishna Berura ibid. 14). However, some Poskim permit when it involves a significant loss. (See Shemiras Shabbos K. ibid.). He may then, acting correctly, ask the mother to take the money back or just leave it in front of her.
If there is an eiruv, Poskim disagree whether one who is wearing a non-bosis garment with muktze in it, has to remove the muktze as soon as possible or not, and due to the loss involved may be permitted to carry it home and shake it out the pocket there. (See Mishna Berura 310: 29). Shemiras Shabbos Kehilchoso 20:75).
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 5/8/2017 12:57 PM |
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# 1315 Day One, One Day or One A Day?
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Q. I just learned that according to the Chazon Ish, as brought in Orchos Rabeinu, vol. 2, p. 94, one who said Today is the first day etc. is NOT yotzi sefiras haomer (he needs to say Today is one day, as opposed to first).
However, up until now I did not know this ruling of the Chazon Ish, whose rulings I am generally particular to follow, and have been counting "first," "second," and so on (as I count in English). May I continue counting in the future with a bracha, even though in the past I was (apparently) not yotzi?
A. Shulchan Aruch (O.H 489: 1) rules that on the first day of the sefira you count: Yom Echad – One Day (cardinal number) and not Yom Rishon – First Day (ordinal number). Divrei Shoul (Menochos 66) explains that since the Sadducees wrongly began counting the Sefirah on a Sunday which is referred to as Yom Rishon of the week, the term was changed by our sages to Yom Echad – Day One, which could apply to any day of the week.
If one counted Yom Rishon on the first day, Poskim rule that he complies after the fact. (Orchos Chaim 108 quoting Meorei Or and Divrei Hageonim 981, Nitei Gavriel, Pesach 3: 32: 1, Piskei Teshuvos 489 n. 21).
Both, Nitei Gavriel and Piskei Teshuvos also quote Orchos Rabbenu (2: 94). However, they understand that the reason the Chazon Ish said he did not comply bedieved, was because he didn’t have any intention to. The case was that one elder told his son after the shekia; tonight is the first night of sefira, and then the elder was in doubt if he could still count with a brocho that night. The Chazon Ish answered to his question; rishon is not echod, meaning that the words chosen, demonstrate that he did not have intention to count sefira at that time.
Horav Shlomo Miller’s Shlit”a opinion is similar, and you can continue counting with a brocho.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 5/8/2017 9:38 AM |
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# 1314 A Matter Of Life Not Death
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Q. Can you say a shloshim hesped thirty days before Yom Tov for a community Rabbi?
Do you recite E-l Mole Rachamim?
If permitted, why is it different than others?
A. Shulchan Aruch (O.H.547: 3) rules that one should not eulogize the departed within thirty days of an incoming Yom Tov. The reason, explains the Talmud (Moed Kattan 8a) is not to raise feelings of sadness close to days of joy or to avoid spending (for the hesped) funds necessary for Yom Tov.
However, Horav Shlomo Miller’s Shlit’a opinion is that it is permitted to eulogize within or at the shloishim day after the demise, for someone who was a Talmid Chacham or recognized by his outstanding communal work and abnegation for the benefit of the rabim. Stressing, that the purpose of the hesped is not to awaken sadness and sorrow, rather to encourage others to follow and emulate the greatness of the niftar.
If the minhag of this congregation is to recite an hazkara at shloishim, it can also be said.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 5/5/2017 4:10 PM |
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# 1313 Shiras Hachaim – A Song For Life
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Q. We, who follow Minhag Aschkenaz, Minhag Rainus, are stringent during Sefiras HaOmer, after Rosh Chodesh, not only not to listen to music, but also not to sing. This stringency was adopted by Chachmei Aschkenaz due to the added tragedies during the month of Iyyar and Sivan that resulted in the martyrdom of many communities during the Crusades.
I am privileged to be involved in singing and playing music for various stroke patients and otherwise paralyzed individuals. May I continue to do so from Rosh Chodesh Iyyar until Shavuos?
While I am asking, may I do so during the 3 weeks and/or including the Nine Days?
And if I may do so, what words of chizuk might Rav Miller have for me, since I would feel as if I am not joining with the community in their time of sorrow, and I would not like such a heter to affect me adversely? Is there some Tefila that I should say before playing or some section of Mussar or some other words of our Sages that I should study that will help me in this regard?
A. See question 1305 and 1312 above in regards to what kind of music is permitted during Sefira.
Altough, Oz Nidberu (8: 58), Shevet Halevi (8: 127), Tzitz Eliezer (15: 33) and others prohibit listening to taped vocal singing even without instrumental accompaniment, many Poskim permit just plain singing songs of praise, thanks and dveikus to Hashem even on a seudas mereius (a meal gathering of friends) when no dancing is involved. (Aruch Hashulchan 493: 2, Shulchan Aruch Horav ibid :1. See Igrois Moishe E.H. 1: 98, in regards to occasions of intense joy).
A single individual singing to himself when learning or davening etc,. is plainly permitted (Piskei Teshuvos 493: 4, Nitei Gavriel – Bein Hametzorim 15: 11). Still, Leket Yoisher quotes, that his rebbi, the Terumas Hadeshen, would not sing at all during Sefira days. Yosef Ometz (p. 128) mentions that this was also the tradition of the kehila of Frankfurt-Am-Main.
Horav Shlomo Miller’s Shlit’a opinion is that as long as the tunes are sober and not over-joyous, the benefit, healing and well-being created by singing to the stroke patients and paralyzed individuals, preempts and supersedes all the above issues, even during the Nine Days, since the songs are not for joyfulness they are not prohibited.
The Rov maintains that the chessed done to others in distress and in pain, is the greatest segula and source of brocho and hatzlocho.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 5/4/2017 5:32 PM |
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Important Numbers
