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Have a question? Send it in! Questions are answered by Rabbi Bartfeld.
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# 1363 Could I Leave A Message?
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Q. Can someone record his own hesped to be played at his funeral? I do not mean a eulogy, where the deceased prizes himself (how crass), but rather a message to family and friends, to be played along the rest of the speeches at his funeral?
A. Messages, letters and tzavaot left by the departed to be read at their funeral are not unusual and there are recorded instances of Gedolim doing so. The idea of the soul of the departed being present at his own funeral is not strange. The Talmud (Shabbos 153a) mentions that Rav instructed to Rav Shmuel Bar Shilas to deliver a warm eulogy, since he will be present then.
However, using modern media techniques such as a large screen to play a pre-recorded video of the niftar, speaking to a future audience at his funeral, is uncommon. There is no question that the presentation can be very powerful, potent and effective in transmitting a proper message to an audience, that may otherwise not be paying much attention. After all having the virtual niftar (it could be even a hologram), speaking next to his casket is definitely an attention getter. It is arguably an outstanding method to transmit valuable and important ideas, zichronos that will remain on the memory of the participants, in honor to the name and merit of the niftar.
This innovative question was presented to a group of known Rabbonim recently, that included Horav Shmuel Kamenetzky, Horav Shlomo Miller, Horav Mordechai Ochs, Horav Dovid Pam, Horav Uri Mayerfeld, Horav Kalman Ochs, Shlit’a and others. The consensus, best expressed by Horav Shlomo Miller Shlit’a was that one should avoid this innovation. The reason is that as powerful that the benefits could be, so could the detrimental effects when not used correctly. Years into the future, who is to supervise and then deny, the content of a presentation prepared by a grieving family, that may be against basic Torah principles or contain inappropriate material, life-pictures and music, that should not be played at any levaya.
In addition placing a large screen in a memorial chapel, may project in the mind of the presents the image and spirit of being in an entertainment center, rather than in a most sacred place dedicated to the great mitzva of levayas hames, compared to honoring an extinct Sefer Torah.
The above does obviously not include proper and spiritually arousing video messages left for children and grand children to be played by them in the future.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 6/25/2017 5:00 PM |
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# 1362 Attention Pay
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Q. On a ta'anis, by Mincha, a guy spaced out and, forgetting that there is krias hatorah, said Hashem Sefasai Tiftach and Baruch ata Hashem (ie. he began SE). May/ should he stop, say lamdeini chukecha, listen to krias hatorah, and then daven together with everyone else? Or should he continue once he already started?
A. Horav Shlomo Miller’s Shlit’a opinion is that once one has started the amida and said the first words of the bracha he should continue with the rest. The reason is that it is improper and disrespectful to interrupt the address being said to the King of the Universe.
However, while one is slowly reciting the amida, he may stop between the brochos and listen quietly to the Krias Hatorah; while being careful not to stop and be mafsik a stretch longer that the time it would take to recite the complete amida. (Mishna Berura 65: 3, see also s.104). One may however, while they call another reader to the Torah, continue with the amida.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 6/25/2017 4:58 PM |
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# 1361 All Options Smell?
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Q. My son's class is planning to spend Shabbos in Northern Israel (in the Golan) in the town of Nov. It is a nice place, where most of the best Hadassim in Israel are grown.
I was once there and due to the enormous cow farms they have there (a great deal of Israel's milk is produced there as well) there is an ever-present odour of cow manure. The odour is so strong that it permeates everywhere. The only place that is free of the smell is in the town schul (they must have a terrific air filtration system).
When I asked how people make Brachos elsewhere in town, I was told that a Heter exists somewhere for someone who is used to the smell. Does the Rav know a source for this Heter?
If such a Heter exists, how much time qualifies for getting used to the smell, because my son's class will arrive on Friday, and unless they will be spending every waking moment in schul, I cannot imagine how they will be able to bentch or hear Kiddush.
A. Mishna Berura (79: 28) and Biur Halacha (ibid.) quoting Chaye Adam, rule that you are not allowed to recite brochos in a refes bokor or animal barn that has a bad smell due to animal excretions.
Mishna Berura (85: 7) prohibits even for a person that can’t smell. See similar in Vehaya Machanecha Kadosh (2:2:2); that even if the bad smell does not particularly bother someone, since he is used to it, it is prohibited. (Piskei Teshuvos (79:1).
However, Shvilei Dovid (76: end) is lenient for one that cannot smell or has become used to it, as long as the waste material is not human.
It stands to reason that every individual has his own particular adaptation time period for different smells.
Horav Shlomo Miller suggested that in your case, the visitors should bring with them a can of spray air-freshener or odor eliminating product, and spray the area before reciting a brocho. (See similar in Maharsham 2: 38, Minchas Yitzchoh 8: 9, Shevet Halevi 3: 17, Piskei Teshuvos 79:2). Those spray cans could be used also on Shabbos (Igrois Moshe quoted in 39 Melochos 2: p. 377).
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 6/23/2017 7:24 PM |
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# 1360 If The Shirt Fits.....
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Q. May a woman wear a man's shirt? The difference is only the direction the buttons are buttoned.
A. Horav Shlomo Miller’s Shlit’a opinion is that if it is noticeable and the shirt was tailored and sold as a man’s shirts (not unisex – see question 1356), it should be avoided.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a.
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Posted 6/23/2017 6:20 PM |
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# 1359 A Hot Answer
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Q. 2) (See question above, on serving hot fleishig cholent on the same plate people ate their shmalzherring). Most important, since the cholent it is a hot solid dovor gush, why is it not mevashel the oil of the herring, left on the plate?
A. Horav Shlomo Miller’s Shlit”a opinion is that considering a dovor gush or hot solid food item, that was transferred to one or more vessels, as still maintaining the original heath of the first keli, is only a chumrah, (Magen Avraham 318: 45, Mishna Berura 45). or stringency that you may be lenient on, in cases where it is an unintentional melocho or dovor sheino mischaven, since the user is not aware and does not care about cooking the oil left on the plate. It is also a doubtful act, since it may avoid the oil remnants altogether as mentioned in above question. Therefore, if one clears the plate with a napkin or places the hot cholent in another area of the plate, it would be permitted. Additionally, the cholent may qualify as a liquid, since even dry cholent, does spread something and adopts at least partially, the shape of the plate.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 6/23/2017 2:32 PM |
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# 1358 Fish Gets Its Own Dish
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Q. 1) Why is it that at many kidushin they usually serve hot fleishig cholent on the same plate people ate their shmalzherring, is that correct?
A. Shulchan Aruch (Y. D. 116: 2) based on Talmud (Pesachim 76b) rules that one must be careful not to eat fish and meat together because it may cause tzora’as (dovor acher, as Rashi explains). Although, it would seem from the Remah (ibid.) that the abstention is only when they were cooked together, many Poskim assert that one should not eat them at the same time even when not cooked together and so is the accepted tradition today.
Magen Avraham (Orach Chaim 173) writes that there are many natural phenomena mentioned in Talmud that no longer apply today. It would seem that so is the opinion of the Rambam, who omited this concern altogether. The Chasam Sofer (Tsh. 101. and Shulchan Aruch Y.D. 116 ) offers two explanations for the omission of the Rambam. First, he suggests, it is possible that the Rambam knew that the Talmud was only concerned with the specific fish (Beinisa, known to them), but all other fish really pose no danger when mixed with meat. Alternatively, Chasam Sofer suggests, the Rambam knew that nature has changed and although there ones was a legitimate health threat posed by mixing fish and meat, no such threat exists today. Kaf Hachaim (173: 9) maintains, that it is true that the nature has changed, however, it may have changed for the worse and may still be a peril. He adds that “One should be more stringent in doubtful health issues, than on kashrus matters.
Horav Shlomo Miller’s Shlit”a opinion is that definitely two plates should be provided, as correct caterers do; to discard one after consuming herring or fish. In case there is no clean plate available, if only the oil remnants (no fish parts) remain on the plate, one may clean them with a napkin, and eat the fleishig cholent, on the clean corner of the plate if possible.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 6/23/2017 2:31 PM |
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# 1357 Cover Story
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Q. Can a man wear a wig?
A. If the wig is a man’s hairpiece it is permitted (Yalkut Yosef – Kisui Harosh 2: 23, Lebush Malchus 2, Chashukei Chemed - Bava Kama p.445, Nishmas Avrohom 3 p.76 in regards to covering one’s head).
However, if the remaining natural hair of the man using the wig is of white color and he wants to wear a dark colored wig Kedushas Yisroel (p. 88) forbids because of the prohibition of Lo Yilbash.
Horav Shlomo Miller’s Shlit”a opinion is that if it is the black color that most women would not choose for a wig, it is permitted.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 6/23/2017 2:15 PM |
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# 1356 Address The Uni-Dress
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Q Can a man wear a unisex outfit?
A. The Talmud (Nedarim 49: 2) relates that the wife of Rabi Yehuda fashioned a wool coat that both she and her husband would wear when needed. Poskim (Birkey Yosef 183: 3, Pesach Einaim - Nedarim 49, Divrey Benayahu Y.D. 26, et. al.) therefore permit vestments that are equally worn by men and women. Oholey Yaakov (70) extends this leniency to a garment that was created with the intention to be worn by a specific individual from either gender, yet it is equal to the ones used by the other.
Horav Shlomo Miller’s Shlit”a opinion is similar.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a.
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Posted 6/20/2017 12:32 AM |
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# 1355 Make Clothes For The Man
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Q. Is a man allowed to wear any clothing (a night gown) of a woman, when no one else is present or it is cold and he doesn’t have anything else to wear at night?
A. It is biblically forbidden for a man to wear women’s clothes or for a woman to wear men’s garments, as specified in the negative commandment: (Devarim 22: 5) A man's attire shall not be on a woman, nor may a man wear a woman's garment, because whoever does these [things] is an abomination to Hashem, your G-d.”. The Torah refers to this kind of conduct as an abomination since it can easily lead to promiscuity and immorality This prohibition, known as “Lo yilbash,” applies even if one cannot be seen by others and even in the privacy of one’s home. The prohibition is mentioned and explained in Talmud (Nazir 59a), Rambam (Avoda Zara 12: 10), Sefer Hamitzvos lo saseh 39 and Moreh Nevuchim 3:37, Chinuch 542 and Tur - Shulchan Aruch (Y.D. 182.)
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 6/20/2017 12:10 AM |
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# 1354 Open Secret?
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Q. Many people are very secretive about publicizing when they are expecting the birth of a child. Is there a inyan to do so for any point of the pregnancy? Also, many people don't do any preparations until the baby is born, and then rush to get them afterwards (buying baby clothes, crib etc...)Is there a makor for such a practice?
A. The Talmud (Baba Bassra 118a) teaches that a person should avoid having people wondering and commenting on his success and good luck, so he won’t suffer the effects of Ayn Hora’a or evil eye.
In Baba Metzia (107b), Rav maintains that 99 percent perish from Ayin hora’a, while only one percent die from natural causes.
Ayin hora’a is part and parcel of Halacha too. As in not calling father and son or two brothers contiguously to the reading of the Torah or giving the same name to siblings (Pischei Teshuva Y.D. 116: 6). Igrois Moishe (E. H. 3: 26) writes that although one has to avoid being ostentatious and grandiose, there are other superstitious activities on which we say; If one does not care, it won’t affect him.
Traditions differ from one community to another. In Aram Zova they would print Bris Mila invitations with the name to be given to the baby. (Mesura Leyosef p. 305).
Chazon Ish (C.M. Likutim B.B. 21) explains that ayin hora’a affects because of the great powers that Hashem granted to the thoughts and cognition that people possess.
Some maintain, that ayin hora’a works in a way similar to tefila and praying. Just like the appeal of a person in need is listened to in Heaven, so are his protests on the success of others that enjoy what he is lacking. His words and thoughts, may create a demand that will instigate in the Heavenly Court an examination of the deeds of others and if they truly merit what they have.
Horav Shlomo Miller’s Shlit”a opinion is that the traditions you mentioned and others similar, are mainly to avoid arousing Ayin Hora’a, and one should follow his family established traditions.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 6/18/2017 4:47 PM |
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# 1353 Save That Kidush!
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Q. I saw someone make kiddish on Shabbas day for many people at a "kiddish" at shul. He only took a very small sip of wine (for sure not a "maleh lugmov" (cheek-full).
1. If nobody else there drank any wine, is there any opinions that he or anyone else there fulfilled the mitzvah of kiddish and is able to then eat other foods?
2. I didn't have in mind to drink any of the wine from that Kiddish cup. Should I have grabbed the cup right away, made the "HaGefen" bracha and drank the rest of the wine in order to "save" the kiddish for everyone? (I generally don't like to drink from other people's cups (germs!) and I also felt it to be inappropriate to do in front of someone who is otherwise on a much higher level than me (age/wisdome/position, etc).
3. Given that I was uncertain if it was a proper kiddish and I felt uncomfortable taking the Kiddish cup or asking for wine, I chose to make my own kiddish with a shehakol on some Beer. Its not like I ever made an official neder to only use wine/grape juice, but I've never used anything myself other than wine/grape juice in the past. Is it okay to use this "lower level" option simply to allow myself to enjoy the kiddish foods, or would it be necessary (or preferred) to avoid the kiddish foods altogether and wait until I get home to make a kiddish on wine before the seuda?
thanks again!
A. 1. Shulchan Aruch (O. H. 271: 13) rules that one has to drink a “male lugmov” or a complete cheek-full of wine to comply with kidush. Mishna Berura (ibid. 64) opines that even bedieved or after the fact one does not comply and so maintain many Poskim. However, Beis Yosef (ibid.), Tashbatz (4: 32), Yechave Da’as (3: 40), Ohr Letzion (2: 182) and others are of the opinion that even if no one drank as when the cup spilled, you comply after the fact.
2. Horav Shlomo Miler’s Shlit’a opinion is that if you had in mind to be yotzeh with the kidush, but not to drink wine, and therefore when you changed your mind to save the kidush, you recited the brocho and drank a shiur, the kidush would have been corrected and saved, according to most opinions.
3. Horav Shlomo Miller’s opinion is that you do not have to be matir neder (absolve from promises) for changing occasionally from drinking wine or grape juice, in case of need, as when there is no wine, or in your particular case to other beverages. The above is correct if the drinks are “chamar medino” and are being consumed widely in that location, especially when you drink a full shiur of them.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 6/18/2017 3:54 PM |
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# 1352 Make My Day
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Q. I read that you can't prepare on the 1st day of Yom Tov for the second, but something insignificant like taking a challah out of the freezer a few hours before the second day starts would be okay. Other sources say things like "Even something that is not actual labor, such as to bring in water, or even wine for kiddush or havdala, may not be done on the first day of yom tov for the second day". So I'm confused.
1. Is there a general guideline to follow for what would be considered insignificant enough to be allowed to be done to prepare for 2nd day.
2. A specific case that happened on Shavuot: Someone wanted to know if they could bring a cheesecake on 1st day of Yom Tov from one persons house to another persons house, even though they knew that they would be serving that cake only on 2nd day. (she was already going over to that house on 1st day, so it was more convenient to bring it over then, but refrained from doing so in order not to violate the idea of "preparing for 2nd day"........was that a necessary stringency?).
A. Hachana is the prohibition of preparing from Shabbos or Yom Tov to a weekday or to another Shabbos or Yom Tov day, even if it is a minor provision that involves only verbal instructions (Mishna Berura 503: 1, 116: 2).
However one may prepare for another day if the act benefits the present day also, such as taking out challah from the freezer or wine from the cellar, if there is a chance that it could be still used on the present day.
Horav Shlomo Miller’s Shlit’a opinion is that in the case of the cheesecake, if a small tasting piece is consumed still on that first day at the destination, it is permitted to bring.
The Rov also quoted Chayei Adam (H. Hoshana Rabba and Simchas Torah 157: 6) that there is no Hachana prohibition on bringing items to another house, when in need. The Rov explained that the melacha of Hotza’a involved, is considered a lesser melacha.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 6/18/2017 3:44 PM |
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# 1351 The Stream Of Whipped Cream
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Q 1. Re question 1331, the Rav permits icing a cake...with whipped cream from ..an aerosol can....I read somewhere that using such a can on Shabbos was forbidden due to the melacha of molid. Can the Rav please clarify?
A. I’m quoting answer 403 “The main issue with using canned sweetened whipped cream propelled by nitrous oxide, for decorating desserts, ice creams and cakes on Shabbos, is the prohibition of molid or creating something new (Shabbos 51b). Inside the can the cream is in a compressed liquid state, when sprayed it changes temporarily, for a few minutes, to firmer self-standing foam.
Some Poiskim maintain it should not be used in Shabbos (Hilchos Shabbos Bamitbach p.961 in the name of Horav M. Klein and Horav M. Shtern Zt”l, 39 Melochos 2 p. 371). Some however permit its use. (Rivavos Ephraim O.H. 8; 158: 11, Orchos Shabbos 15: 45, Hemdat Yamim, Balak 5771)
Horav Shlomo Miller’s Shlit”a opinion is that when needed you are allowed to use it on Shabbos.
Q 2. What does when needed mean? Obviously one can make it thru Shabbos without whipped cream. If a dessert looks nicer with whipped cream on top is that called when needed?? Is there any problem with the fact that it comes out in a star shape?
A. Horav Shlomo Miller Shlit’a explained, that it is needed for a” tzorech mitzva” such as honoring a guest, something you may not do on a regular Shabbos.
The star shaped extraction is of no consequence, since it is not intended or used for creating or transmitting a special message. (See question 1331). It is also arguable that the star shape (multiple angles) is mainly done to maintain the stability of the sprayed foam, so it will not collapse and fall flat on the surface it was sprayed on.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 6/16/2017 5:15 PM |
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# 1350 For The Ages
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Q. My daughter is going to separate chalah and make a brocho on her Bas Mitzva party, as many others do this days. However, because the vacations start soon, we are making the party early and she will be short a month from being 12. Can she still separate the chalah on the bread baked, that the others will eat?
A. Shulchan Aruch (Y.D. 331: 33) rules that a minor that has reached “Oinas Hanedarim” (the age when a neder or pledge becomes meaningful - for a female that is eleven years), his (or hers) terumah (or chalah) separation is valid. Poskim mention that the above is only “bedieved” or after the fact. (Tsh. Harambam 205, Tiferes Yisroel – Terumos 1: 3. See Hagra ibid. that with the Shulchan Aruch and even after the fact it is not chala).
Minchas Chinuch (507) writes that such a minor, although, after the fact the separation takes effect, since he/she cannot yet become a shaliach or an agent for a full fledged gadol, their act is valid only for themselves and not for others. (See Chanoch Lana’ar p. 80 and Hakatan Vehilchoisov Ch. 54) for divergent opinions).
Therefore, Horav Shlomo Miller’s Shlit’a opinion is that she should first separate the chalah with a brocho as part of the intended ceremony, and then a gedola that is already Bas Mitzva, should separate again for the others without a brocho. Although as mentioned, the Bas Mitzva’s separation should be avoided lechatchila, since there is an issue of kavod habrios involved, as her not being and feeling any less than the rest of her friends in their celebration, it is permitted on the onset.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 6/16/2017 3:44 PM |
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# 1349 News To Me
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Q. The... Star newspaper has started randomly delivering their Saturday paper to several houses in the Clanton Park area. We never asked for it, it just started showing up. Although I plan to likely cancel mine because of inappropriate pictures that sometimes show up, it brought up a few interesting halachic questions among some of us in the neighborhood.
1. We were wondering if we must halachically call them to cancel it or not. (since we never requested it, it seems like its not "melacha done for the benefit of a Jew."
2. We were wondering if the Rav would hold that the whole paper is assur altogether (even on a weekeday) given that it contains pictures of women dressed immodestly.
3. We were wondering if it can be read on Shabbat. Obviously ignoring the ads and business sections, and avoiding reading captions under pictures and not wasting too much time......but could you glance at the sports section for a few seconds.... for example: to find out how your favorite team did on Friday night? (I've heard it suggested that its NOLAD because it was printed Friday night, but haven't seen a source). It its mutzeh, which category would it be, and would it be okay to then kick it around with your feet to look up something in the paper on shabbas or is their issur in getting any benefit at all?
Thanks so much
A. 1. Horav Shlomo Miller’s Shlit’a opinion is that indeed since you did not request this Shabbos newspaper delivery, they are doing it for their own benefit, and you don’t have to stop them
2. Horav Shlomo Miller’s Shlit’a opinion is that if someone has to ask this question on a newspaper, he probably should not be reading it.
3. There are different Halachic questions regarding the reading of newspapers on Shabbos. One issue is the content of the paper. Poskim agree that if the content should not be read because it is considered mundane and inappropriate for Shabbos reading, as are many of today’s newspapers and magazines, they should not be read during weekdays either, as mentioned above.
Nevertheless, even if the content of the newspaper is proper and in principle it could be read on Shabbos (Mishna Berura 307: 53), the financial and commercial sections including adds are prohibited and muktze also. (Badei Hashulchan 107 n. 43, Shmiras Shabbos K. (29: 46-47).
As far as the newspaper being prohibited because of nolad (something that came into existence on Shabbos), Avnei Yoshfei (O.H. 5: 47: 5) quotes Maharam Shik (O.H. 123) that permits since the paper and the ink were already in existence before Shabbos began and the printing is only the “mixing” of these ingredients and therefore not qualified as nolad. Horav Shlomo Miller’s Shlit’a opinion is similar.He remarked that the financial section may not be muktze if it contains other sections such as sports, the weather or be put to another permissible use, were paper in needed.
Nishmas Avrohom (5: O.H. 340: 4: n. 1) quotes from the author of Shemiras Shabbos K. that there is no nolad by acts of a Gentile. Horav Miller explained, that it may make a difference on some cases.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 6/16/2017 3:04 PM |
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# 1348 Hair Today Hair Tomorrow
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Q. 1. There are those that have "male pattern baldness," that choose to get rid of all the hair on their head in order to look cleaner/better. Since there is a prohibition in cutting the payos areas down to the skin, is there any way that these people are doing this is a permitted way? It seems to me that there is absolutely no hair on their head, so not even enough for to satisfy the most lenient opinions. I would like to judge favorably....is there any heter for this practice? Perhaps if they use a cream to remove hair instead of a cutting device?
Thank you
Q. 2. If there was a method of loosing hair by ingesting a drug that causes temporary hair loss, would it be permitted to use? (I understand that it is being developed, but hasn’t being approved yet because of side effects),
A. Horav Shlomo Miller’s Shlit’a opinion is that there is no real heter or procedure to permit complete hair removal from head. There are some biblical exceptions however, such as the metzorah on the day he is ritually cleansed ((Vayikra 14: 8-9) and the nazir (BaMidbar 6:13,18) when the days of his consecration are fulfilled.
On question 2 the Rov Shlit’a maintains that it probably would be permitted.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 6/16/2017 2:13 PM |
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# 1347 On E-Autopilot
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Q. E-commerce & electronic transactions on Yom Tov (when unlike Shabbos the markets & banks are open):
Although there's already different contemporary Poskim ruled on the above, I'd very much like to know your and Rav Miller's ruling specifically with the following:
E-Commerce: Must one disable selling a web shopping cart if he know the funds will arrive in his bank account on Y"T? Please elaborate.
Online-Brokerage: Must one cancel before Y"T any remaining open stock/options electronic orders in case they may get fulfilled (automatically IF it meets the target price) on Y"T?
If yes, to what extent does this apply? Ie: It may even be forbidden to own shares where a bank would automatically pays & re-invest the dividend on Y"T.
Yeasher Koichachem!
A. Horav Shlomo Miller’s Shlit’a opinion is that operations, sales and purchases, that are done automatically by a preset program, where no human intervention is needed, are not different than any Shabbos timer that does melochos on Shabbos by itself, after being programmed before Shabbos. However, when the instructions to do a melocho on Shabbos involve, directing people to do a melocho for you specifically on Shabbos, it is prohibited. This includes also program instructions, that if a designated operation has not taken place until the end of the projected schedule, because necessary conditions were not met (such as reaching a designated high price), then it should take effect anyway at the program’s end, when the termination takes place even on Shabbos. This is tantamount to instructing that the operation should be done on Shabbos. The same applies when one enters assets to be auctioned and give instructions, that if the sought price is not met, then they should be sold anyway, and the operation will be on Shabbos and people not, programs will be biding and buying.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit’a
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Posted 6/12/2017 11:01 PM |
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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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