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

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# 996 Doubtful Date of Date with Death
Q. When is the yortzait of Moishe Rabeinu and when does the Chevra Kadisha make their seuda this year with double Adar? There seems to be some incongruity within the Chevros, since some do it on the first Adar and others in the second. What is Horav Miller opinion?
If it is on the second Adar, why is it that we read Parshas Tetzave which is meramez by the name of Moshe Rabeinu missing to his petirah and yortzait?

A:   On question 474 in this forum answering a similar query we wrote:
“ Remoh (O.H. 568: 7) quoting Maharil and Mahari Mintz, rules that in regards to a common yortzait, the custom is to fast on the first Adar. However, Bais Yisroel (92) maintains that the yortzait of Moshe Rabeinu is observed on the second Adar. His reasoning is based on Talmud (Meggila 13b) that relates the miracle of Purim to the yortzait of Moshe Rabeinu and since Purim is celebrated on the second Adar so is his yortzait. Hilchos K'tanos (2: 173) also maintains that it is kept on the second Adar since our sages teach that, Hashem fulfills the years of the just until the last day (Rosh Hashana 11a), if the year he past away was a leap year, it would have occurred on the second Adar. (See also Yaaros D'vash 2 p. 140 and Shilas Yavetz 1: 117))
Horav Shlomo Miller Shlit'a pointed out, that although it is custom for the chevra kadisha societies to fast and commemorate their traditional seudah on the seventh day of second Adar, Mishna Berura (580; 15) mentions that the fasting for Moshe Rabeinu's yortzait is on the first Adar.”

Indeed, Imrei Pinchas (p.130) elucidates that Zain Adar should be commemorated on the first Adar, since it then coincides with Parshas Tetzave. As the Ba’al Haturim explains that Moshe Rabbenu’s name was omitted to comply with the “Erase me from Your sefer” dictum.
However, many Poskim maintain that Adar Sheni is main (Sheilas Yavetz 1: 117 quoting his father the Chacham Tzvi, Chasam Sofer O.H. 163, Melamed Lehoil 113,2, et. al.) Nitey Gavriel (Purim 13: 4) writes that some observe both dates.
There is a further disagreement of our sages as to when Moshe Rabbenu was niftar. If it was a year with two Adars and in which of the two was his petirah. (Yalkut Yehoshua ch. 5) as there is also a disagreement when he was born (Sota 12b.) There are also different opinions as to if he passed away on the same Adar he was born. (Hilchos K’tanos 2: 173, Ya’aros Devash 2: p. 140)


Horav Shlomo Miller’s Shlit”a opinion is that in principle each Chevra Kadisha should consult with the competent Rabbi in charge of the group and follow his opinion. When that is not an option, they should follow the already established minhag they have. If it is a newly created Chevra, they should follow the tradition of the majority of the established chevros in the city,


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


Posted 2/19/2016 11:58 AM | Tell a Friend | Ask The Rabbi | Comments (0)


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# 995 Enlightening Shabbos Lights
Q. According to Rav Sholomo Miller Shlita, can I use a fluorescent light to fulfil my obligation for Ner Shabbos, with a brocha?


A. Poskim disagree if you comply with the mitzvah of lighting Ner Shabbos using incandescent bulbs and if you can recite a brocho over them.
Some permit with a brocho in need (Beis Yitzchok Y.D. 1: 120, Melamed Leho'il 47, Az Nidberu 3: 1,Yabia Omer O.H. 2: 17,Yechave Daas 5: 24, Hachashmal Leror Hahalacha 3: 6.)
Others permit in need without a brocho. (Har Tzvi O.H. 1: 141 – 2: 114: 2, Mishne Halochos 5: 91)
Some Poskim maintain that incandescent bulbs should not be used at all.(Ohel Yitzchok 5668: 3, Levushey Mordechai O.H. 3: 59, Pekudas Elozor 22, Mishpetey Uziel O.H. I; 7.)
Others permit when a battery is used (Ohr LeTzion II:18, Horav S. Z. Auerabach zt"l - Shemira Shabos Kehilchoso 43 n. 22), Horav Tzvi Pesach Frank (in a letter by Rav Ya’akov Ariel) .
On fluorescent lights some Poskim maintain that in need, when no other bulbs are available they can be used without reciting a brocho, (Hachashmal Leror Hahalacha 3: 6. Teshuvos Vehanhogos O.H. 63) Others assert you can also say a brocho. (Sh'vus Yitzchok 3 and Likraas Kalah p.41, quoting Horav Eliashiv)

Horav Shlomo Miller's Shlit'a opinion is that you can only recite a brocho in need on a battery powered tungsten filament light. On fluorescent or on tungsten filament bulbs connected to the grid, you can light when regular candles are not available, without reciting a brocho.The reason is that fluorescent provide their light via the electrically-excited gas contained and are totally dissimilar to the original candle light on which the brocho was instituted.Tungsten filament bulbs, although somewhat similar to candles in that they at least have a burning filament comparable to a wick, they do not contain on their own the energy to stay lighted. That electricity is constantly being generated and you may not make a brocho on fuel that is not yet here, unlike the electricity already stored in batteries.

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



Posted 2/18/2016 10:51 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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# 994 Shacharis Sleep?
Q. If I skip a major portion of the middle of the first brocha of kerias shema, in Sharcharis, I have I still fulfilled my obligation?


A. Horav Shlomo Miller Shlit"a opinion is that if you said the beginning of the brocho (Yotzer Or) properly and the end (from LoE-l until the end) correctly, you may have fulfilled your obligation, and you should not repeat it. You should try to find someone who has not yet recited this brocho and ask him to have the intention to be “moitze” you when he says it and you listen.

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


Posted 2/18/2016 2:50 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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# 993 You Call This Work?
Q. How come it is forbidden to work on Shabbat, but then Rabbis get paid to conduct Shabbat Services?

A. Only the thirty nine labours and their derivatives, including rabbinical injunctions, are prohibited on Shabbath. Teaching Torah, conducting liturgical services, answering faith related questions and performing mitzvos are all tasks that are not only permitted but also encouraged to be done specially on Shabbath.
You are right in that there is a rabbinical ban on being remunerated for any work done on Shabbath or Yom Tov. However, the prohibition applies only when one is paid for the work done only on those days. When one is compensated for work also done in weekdays together (Behavlaa) with Shabbath and Yom Tov, it is permitted. ( Shulchan Aruch O.H. 306: 4, 246: 1, 243: 1)

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


Posted 2/14/2016 11:26 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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# 992 Don't Fire the Rabbi
Q. How come once I was at a dinner at a synagogue on Shabbat and a small fire started accidentally on the table and instead of the safe thing of putting it out, the rabbi made a poor waitress take it out on a plate (as it was burning on the plate) Is this right, to endanger the life of others? What if she tripped?

A. Horav Shlomo Miller Shlit”a pointed out, that in generations past everyone would be carrying for illumination purposes sizable candle-holders and torches (during weekdays.) We may still do it today on Yom Tov, when we move the candles from the Suka etc. There is no great concern of tripping or endangering others when done carefully. Then again, it depends on the actual case.
Presumably, the rabbi decided that there was no need to extinguish the fire which is prohibited, when other viable options exist, such as just asking the Gentile waitress to remove immediately the small fire now contained in the plate.
 Instructing the waitress to take out the plate may be considered a “Shevus Deshvus” or incurring into two interdependent rabbinical prohibitions. One is asking the Gentile to do a prohibited task, and moving the plate with the fire on it, which could be muktzah, if the candle or other burning object already were on the plate from sunset. This is permitted in need or for the sake of a mitzvah. (Shulchan Aruch O.H. 307: 5, 328: 10 et al.)

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


Posted 2/11/2016 11:47 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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# 991 Raise Your Voice - Raise Your Level
Q. How come some buildings have Sabbath Elevators but then the Jewish People who don't want to wait for the elevator, ask others to push button for them? Isn't this against the laws of Sabbath? If this could be done, why have a Sabbath Elevator? I simply tell them no, it is against the Torah.

A. Indeed, it is prohibited to ask even a Gentile to do a prohibited task on Shabbat. 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 Shabbat.

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


Posted 2/11/2016 2:12 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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#990 Let The Joy Begin
Q. When does the Marbim Besimcha begin, on the first or second Adar? Is it already an auspicious month for business ventures?

A. See question 472 in this forum. Poskim disagree if the increase in simcha, joy and favourable mazal, apply to the first month of Adar or no.
Sheilas Ya’avetz, (2: 88) Teshuva Meahava, (2: 301) Shevet Halevy (10: 105) et. al., maintain that it it begins only in the second month of Adar.
However, Chasam Sofer (C.M. 20 – on the date of the teshuva, Chashukey Chemed Megila 6b,) Kedushas Levy (Ki Tisa,) Rav Tzodok Hacohen zt’l in Likutey Ma’amorim (16,) Sfas Emes (likutim on Rosh Chodesh,)
Derech Sicha, (Miketz p. 188,) Nitey Gavriel, (Purim – Teshuvos 2) et. al., opine that it begins from the first Adar. Nitey Gavriel (ibid. 464) quoting the Munkatcher Rebbe, adds even from Tu Bishvat. Some maintain that it includes also the month of Nissan.
There is a disagreement as to the opinion of Horav Eliashiv zt”l, (Kuntres Halichos Vehanhogos quotes that there is a mitzvah, Chashukey Chemed ibid. seems to disagree,)
Horav Shlomo Miller’s Shlit’a opinion is that it would seem from the last words of the Remoh (O.H.697: 1) that it is at least a mitzvah.

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


Posted 2/10/2016 12:37 AM | Tell a Friend | Ask The Rabbi | Comments (0)


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# 989 Take an Oath?
Q. One of the duties of my new position as clerk to a judge in the provincial court will be to administer oaths with a bible. I was wondering whether this is permitted as it may be with a Christian bible.
Even if it will be with the Old Testament, will I have any achrayus (responsibility) if the person is lying?
Even if he is saying the truth shouldn’t swearing stam be avoided?
I am also concerned, as the pizmon a clerk says, ends with “so help me G-d,” and it is asor (prohibited) to say Hashem’s name in English.
I would like to point out, that as the judge is respectful to our religion, I am not concerned that my inability to perform the above due to religion will affect my job.

A. Horav Shlomo Miller's Shlit'a opinion is that if you provide a clear option to the individual to be sworn in, that he can choose not to take an oath but to affirm instead, and he can also choose the religious book that represents his particular faith which includes the Old Testament, it is permitted to administer the oath. There is no “Lifney Iver” prohibition, since the individual has a clear choice to do the correct act.
The prohibition of "Lifney Iver" or "Placing a stumbling block before the blind" is interpreted by our sages as: facilitating or helping others commit a Torah violation. (Talmud Avoda Zarah 6b) This prohibition is codified in Shulchan Aruch in several places such as Y.D. 148:5 pertaining the assisting of a Gentile in committing idolatry and in Y.D. 240: 20 in regards to a father's proscription of physically chastising older children, as this will only entice them to hit back, resulting in a capital offence. Tosafos, Ramban and Ran (ibid.) and other Poiskim, are of the opinion that this prohibition is limited to cases where the recipient is unable to transgress without the giver's assistance. If, however, the idolater could reach the item independently, then one may hand it to him despite the certainty of the ensuing violation.
However, if the clerk became aware that the individual to be sworn in is Jewish and wants to take his oath on a Christian Bible, there may be an additional concern of helping someone do a prohibited act.
Tosafos (Shabbos 3a) and Shach (Y.D.151:6) mention, that there is a distinct rabbinical prohibition against helping one violate Mitzvos, called "mesayea lidvar aveiro" ("helping someone commit a sin"). Igrois Moishe (Y.D. 1,72) deals with the question of mesayea, when someone would perform the transgression nonetheless. (See question 799 and 207 in this forum)
The name “G-d” does not necessarily invoke avoda zarah, as it could be referring to the true Master of the Universe. There is also no prohibition to mention the name of Hashem in any other language when needed for the right purpose and with the correct intention.

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


Posted 2/10/2016 12:22 AM | Tell a Friend | Ask The Rabbi | Comments (0)


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# 988 Hot Shaileh
Q. If a Jewish individual lighted a fire, and then the Gentile put the pot (with meat) on the fire. The food had NOT yet cooked one third, when the Jew turned off the fire. Then the Gentile turned the fire on and completely cooked the meat, is the meat prohibited because of Bishul Akum*?

A. Horav Shlomo miller's Shlit'a opinion is that it is permitted, if the meat did not get cold yet (50º C or at least 45º C, not lower). It would be then considered still being cooked by the original Yisroel.

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

*A Rabbinic prohibition of eating certain foods when cooked by Gentiles. It is part of a set of decrees instituted to prevent intermarriage and assimilation.


Posted 2/9/2016 11:24 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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# 987 Together But Poles Apart
Q. For the purpose of Halacha, (following the above shailes on dateline, see questions above) what does someone do when he finds himself at one of the Earth Poles in regards to Shabbos and mitzvos observance? Do we follow the Geographic or the Magnetic Pole?

A. One of the main reasons why a dateline is essential, as explained by the Poskim, is to avoid the case of two individuals that began traveling around the globe in opposite directions and then convened again, having to observe Shabbos together on different days. However, the above cannot be avoided at the poles, where two travelers that originated from different date zones, may indeed be keeping Shabbos together in different days. The same may apply to one traveling in a boat and meeting a fellow traveler on another vessel coming towards him at exactly one of the datelines. However, Horav Shlomo Miller Shlit’a explained, that due to the unusual and uncommon probability of the happening, we do not take it into consideration. He added, that the same may apply to the poles.
The Rov Shlit’a also clarified that we follow usually the geographic poles.

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


Posted 2/8/2016 1:21 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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# 986 Are you Shore of This?
Q. There was mention (in a recent shiur on the Halacha dateline – see question 982 and 983) about how far according to the Chazon Ish the waters close to the shore are considered like the land. What was the final p’sak of Horav Miller Shlit”a?

A. Horav Shlomo Miller’s Shlit”a opinion is that any island, vessel or individual found on the area of a Techum Shabbos (2000 amos or approximately one kilometre) from shore, should follow that same date. We find that Techum Shabbos creates an area of belonging and of being part of the city, in regards to the reading of the Megilah (Talmud Megilah 3b, Shulchan Aruch O.H. 688). The above also applies to the rulings, decrees and taxes imposed on the city (Shiltei Hagivorim - Bava Basra 11a on Ri”f, Maharam Alshich 59). Chaukei Chemed ( Gittin 4b .) applies the above to the acceptance of an early Shabbos time.
The Rov also considered the distance of sixteen mil (approximately sixteen kilometres) mentioned in regards to separating ma’aser from animals as one single distinct entity. The Talmud (Bechoros 54b.) explains all sheep herded in an area that is visible to the naked eye, are to be seen as one flock. Poskim disagree if this means an observer standing in the middle of a imaginary circle of a radius of eight mil creating a total area of a sixteen mil diameter (Tiferes Yisroel - Mishna ibid.- Chasdei Yehonoson) or actually it means that one can see as far as sixteen mil, and the area is double (Shvus Yaakov 3: 31 et. al.)
This amount of space applies also to other Halochos that depend on visual contact. Igrois Moshe (O.H. 3: 85) debates whether it applies to rending one’s clothes when approaching Yerushalaim nowadays, for one that resides within that distance and is constantly in visual contact. Similarly, Betzel Hachochma (3: 40) depends this shiur for the brocho recited when seeing a kever or cemetery after thirty days.
Horav Shlomo Miller’s shlit’a opinion is that within sixteen mil distance from the shore, it may be considered at least in doubt of belonging already to the date observed on shore. Therefore, if in the main landmass it is Shabbos, anyone within that distance, should be stringent in its observance.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a


Posted 2/5/2016 3:48 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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# 985 Where is My Day of Joy?
Q. Where in the Torah does G-d command us to observe Shemini Atzeret & Simchat Torah as a holiday?

A. On Vayikra (Leviticus 29: 39) “But on the fifteenth day of the seventh month, when you gather in the produce of the land, you shall celebrate the festival of Hashem for a seven day period; the first day shall be a rest day, and the eighth day shall be a rest day. And on Bamidbar (Numbers 29: 35) “The eighth day shall be a time of restriction (Bayom Hashmini Atzeres) for you; you shall not perform any mundane work.”

The 22 day of Tishrei, the day after the seventh day of Sukos, is the holiday of Shemini Atzeres. In Israel, Shemini Atzeres is also the holiday of Simchas Torah. Outside of Israel, where two days of Yom Tov are held, only the second day of Shemini Atzeres is Simchas Torah:

Sh’mini Atzeret is not the eighth day of Sukkot; but a Yom Tov of Pilgrimage on its own accord (Rosh HaShanah 4b, Suka 47a, Chagiga 17a et. al.)

Simchas Torah is not mentioned in the Torah itself. The name Simchas Torah is relatively new. One of the early sources is Darchei Moshe (O.H. 669: 3) who cites Maharik responsa (26) quoting from the Geonim the custom of dancing on the Yom Tov of Simchas Torah.

However, it goes back even further. Horav Shlomo Miller Shlit'a pointed out that the Talmud (Megila 31a) tells that they would finish the reading the Torah on that day.

Remah in Shulchan Aruch (O.H. 669: 1) mentions that we call the day Simchat Torah, since we rejoice when we finish reading the Torah. Biur Hagrah (ad loc.) cites as the source the Midrash Rabbah at the beginning of Koheles. Besides other Midrashic sources, Simchat Torah is also mentioned in Zohar (Pinchas 256) and Tikuney Zohar (Tikun 21)

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



Posted 2/4/2016 2:49 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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# 984 Unborn or Stillborn Enterprise?
Q. My brother sent me this url (http://www.benpekuahmeats.com/) and asked me if I would eat from them. I replied, "Not without consulting a Rabbinic authority".

Upon analyzing the issue, I noticed that Rav Wosner and Rav Menashe Klein were both against the idea of mass-producing this meat, each for theological reasons of their own. I write theological because they do not seem to have Halachic difficulties with it. They don't seem to consider the problem of ensuring that the herd not be in contact with normal animals (something a competitor might engineer) or with members of the herd getting into our animal groups, causing the resultant offspring not to have a heter shechita due to shehiya.

I also had difficulty with this Ben Pekuah* organization who seem to think that we can rely on the singular opinion of the Meshech Chochmo to allow Basar B'chalav with the Basar of a Ben Pekuah. Also, they seem to assume that the Cheilev and Gid haNasheh of a Ben Pekuah is permitted, even though this is a Machlokes Rishonim and the Shach is machria like the Rambam that both are forbidden.

What is Rav Miller's position on mass-producing Ben Pekuah meat, and the issues regarding Ben Pekuah of Basar Bechalav, Cheilev, Gid HaNashe, Shechita without B'dikas HaSakin, etc.


A. Horav Shlomo Miller’s Shlit”a opinion is that it is not a commendable enterprise at all and should be avoided, since the likelihood of the interbreeding with non- pakua animals over a very long period of time is great. (It could eventually be centuries and in very different and difficult settings.) Therefore the potential for a “michshol” and disaster down the road that could not be then verified is very likely.

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

* Ben Pekuah is the live offspring of a Kosher pregnant animal found inside of the properly slaughtered (Shechita) parent after the Shechita.


Posted 2/2/2016 10:11 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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#983 Can You Divide the 49 in Two?
Q. According to the Sefer Hayomam's shita, is there “nigrar” (pulling or shlepping land areas) to include Alaska west, to the rest of the American continent or do the people in west Alaska have to keep two days Shabbos?

A. See prior answer in regards to the three main opinions on the Halacha dateline. The first mentioned was the Chazon Ish zt”l view who maintains that the Dateline is six hours (90) degrees) east of Jerusalem. This coincides with the eastern edge of the major land mass Israel is located on. In addition, he posited from reason that the Halacha Dateline must take into account the unity of the contiguous land mass Eretz Yisroel is a part of. The Halacha Date Line is at the K'tze Hamizrach, but it cannot cut through land because then one person will be observing Shabbos while his neighbor is observing another day.  Therefore, he maintains that the Halachic Dateline is at the end of the continent on the border between the coast and the Pacific Ocean so that it does not cut through any land Thus, it is not only the 90 degrees that is critical but also the end of the landmass traversed by the Halacha Dateline would have the same day as their western, or Israel, side. This principle is called “graira”
Therefore, according to the Chazon Ish, Northeastern China, Korea, eastern Siberia and Australia would be included notwithstanding that the Halacha Dateline passes through them or west of them; they are part of that land mass and thus incorporated by graira into the Israel time frame.
Poskim disagree if the Sefer Hayomam agrees to the graira principle. If graira is applied then all of the mainland of Alaska is in the same day zone as the rest of America (See Noam 14: p. 79). However, according to the opinion that graira only applies to the landmass contiguous to Eretz Yisroel or to the east of it, the Dateline would run very close to the city of Central, AK (144º41'44'W) and, therefore, most of Alaska, including Anchorage and Fairbanks, would be on the western side of the Dateline.  Either way, Juneau is on the eastern side and the same day of the week as the rest of the continent. For a full discussion, see Sefer Taarich Yisroel 1:15.
In addition to the above opinions, Rav Isser Zalman Meltzer, Rav Zvi Pesach Frank zt”l ( Har Zvi 1:138) and Kav Hata'arich HaIsraeli opine that we should follow the long established day of the week, that the country of abode and the Jewish inhabitants therein, are already keeping. 
Horav Shlomo Miller’s Shlit”a opinion is that the established communities in all of Alaska should maintain the Shabbos day as they are accustomed to observe, following also the opinion of the Chazon Ish.

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



Posted 1/31/2016 11:08 AM | Tell a Friend | Ask The Rabbi | Comments (0)


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# 982 Really Shabbos Today?
(In regards to the shiur that Horav Shloimo Miller Shlit”a gave recently I have some questions.)

Q. What exactly are the different opinions in regards to the dateline in Halacha and what is Horav Miller's opinion?

A. There are three main opinions in regards to what the dateline is in Halacha. (Kav Hata'arich HaIsraeli, ch.26 quotes thirteen different points of view)

1) The opinion of the Chazon Ish (Kuntres Yud Ches Sha’os), is also the view of the Kuzari (2:19-20) and various other Rishonim, including the Baal Hamaor‘s (Rosh Hashana 20b.)
The dateline runs in principle 90 degrees east of Yerushalayim, where the time is six hours later. This line is at 125.2°E and runs technically through Russia, China, North Korea, the Philippines, and Australia. See next question in regards to the “nigrar” issue and what is in practice is the Chazon Ish dateline.

2) A second opinion best known as the Sefer Hayomam B’Kadur Ha’aretz from Rav Yechiel Michel Tukachinsky, zt”l, reflects the Yesod Olam and Matteh Dan’s view. Horav Henken zt”l evinces a similar opinion in Edus L’Yisroel p. 119. (See also Bnei Tzion 1: 14). This outlook is based on the fact that Yerushalayim is considered to be “the centre of the world.”  Creation proceeded from there. Thus, the Halacha Dateline would be located at the exact opposite side of the world, 180 degrees away. This meaning, that the Earth “starts and ends” (i.e. the Dateline) on the exact opposite side of the Earth, halfway around the globe at 144.8°W. This line runs through the State and Gulf of Alaska and down the Pacific Ocean east of Hawaii, placing the entire state of Hawaii on the other side of the Dateline.

3) The third opinion is the Mid-Pacific. It places the Halacha dateline between the Bering Straits and Alaska. This opinion considers such a line as the “natural” dividing line of the world, separating the earth into two hemispheres. According to this view the Halacha Dateline is very close to the International Dateline and only some relatively minor Pacific islands fall into a “variance zone.” The exact location of this dateline varies among Poskim.  The Bnai Tzion’s (2: 10) Dateline slants westward through the Bering Straits (between Alaska and Siberia), touching the Siberian coast, through the Pacific Ocean at approximately 177°E (west of Fiji), then turns east of New Zealand. 
Other Mid-Pacific Poskim, including Rabbi B. Rabinowitz Theumim (Hapardes Iyar 5714),Atzei Sodeh and Alei Yonah are of the opinion that the line is at 169.7°W , and runs from the eastern tip of Siberia, directly southward through the Pacific Ocean, 10° east of the Civil Dateline.
According to these opinions, Japan and New Zealand are on the western side of the Dateline (similar to Asia), and residents of these locations observe Shabbos on the local Saturday.  Hawaii is on the eastern side of the Dateline (similar to America), and residents also observe Shabbos on their local Saturday.

As far as practical Halacha today; Horav Moshe Heinemann's shlit'a position, (quoted in Star K online by Rabbi Dovid Heber) is that one should follow the majority of opinions of the above mentioned Poskim in determining which day is observed as Shabbos, and also observe Dinei d’Oraisa shel Shabbos, Shabbos prohibitions of the Torah, on the day of the minority opinion.  However, Rabbinic prohibitions, such as shopping and the handling of muktzah, are permissible on the day which the minority opinion considers Shabbos.  In addition, performing even a biblically proscribed violation of Shabbos through a shinui, or an unusual manner, or through the action of a Gentile, would be permitted on the day which the minority opinion considers Shabbos.

Horav Shlomo Miller’s Shlit’a opinion is that the view of the Chazon Ish is most important as it is reflected on the opinion of the Rishonom (Kuzary and Ba'al Hamaor). However, the Halacha issue remains still unsettled. He also recommends to follow Horav Heinemann's Shlit'a advice above in areas of conflict. He also quoted Horav Moshe Feinstein zt”l who asserted that people should avoid residence or visiting areas of Shabbos uncertainty.

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




Posted 1/31/2016 10:50 AM | Tell a Friend | Ask The Rabbi | Comments (0)


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# 981 Lunar Learning
Q. Can Kiddush levanah be said indoors by seeing the moon through a window? Does shalom alaychem need to be said to three different people or can it be said to the same person three times? Can it be said over the phone?



A. Two of your questions have already been answered on different occasions in this forum (questions # 576, 329, 586, 587 and 732).
As far as the last question; Can it be said over the phone? Did you mean reciting it for someone else who has no access to a sidur; he is listening over the phone as his friend makes the brocho and wants to comply as “shomea k'eone” one who listens is as if he said it himself. The answer would be no, unless he repeats the words himself.
The reason being that we do not consider words that were converted into electric impulses in a microphone and then regenerated in a speaker, as a Halacha valid utterance. (Igrois Moshe O.H. 2: 108 et. al.)
If you meant taking a picture of the moon on your phone and sending the image to someone who cannot see the moon where he is, the answer would also be no, since our Sages did not establish the brocho when you cannot directly see and have benefit from the light of the moon.

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


Posted 1/29/2016 3:44 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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# 980 A Kee Question
Q. I have seen it argued that the Igros Moshe's heter for cholov stam is no longer relevant, because more than one in sixty milk cows has undergone an operation that renders them treif (LDA*). What is Rav Miller shlita''s view on this issue?

A. Horav Shlomo Miller’s Shlit”a opinion is that even if the LDA statistics quoted are accurate, we follow the rules of “Holchin Achar Harov,” and majority rules that any given animal comes from most animals that are kosher.

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


* LDA . Cows have a specialized digestive system that helps them process their high fiber diet. They have four distinct compartments to their stomach—the rumen, reticulum, omasum & abomasum. 
The abomasum is suspended by a loose attachment to the body wall, which means it can potentially move out of its normal position where it can fill up with gas and prevent normal flow of feed through the digestive track (called an abomasal displacement).
Abomasal displacements typically occur in high production dairy cows. There are 2 types of commonly seen abomasal displacements: Left Displaced Abomasum (LDA), is themost common
The abomasum can also twist on itself, called a abomasal “volvulus”. This can cut off the blood supply to the abomasum. If this isn’t corrected quickly the abomasum will start to die.
From; the American College of Veterinary Surgeons Web Site



Posted 1/29/2016 2:39 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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# 979 Go Lightly…
Q. Can you instruct the Goy to turn them on with a shinui such as using an unusual object to push on the switch?
If no Goy is available, and it is already bein hashmoshos, and the lights are fluorescents, can you do it yourself with a shinui?

A. Horav Shlomo Miller’s Shlit’a opinion is that when in need for the performance of a mitzvah of many, such as davening or learning Torah, one may follow the opinion of the Poskim who permit instructing a Gentile to turn on the lights with a shinui, (an unusual and uncommon way of performing a melacha on Shabbos) such as using an odd object to push on the switch.
However, one should not do so himself, even on a rabbinically prohibited melocho.

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


Posted 1/29/2016 2:36 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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# 978 Nu Say Can You See The Answer?
Q. On Shabbos the congregants can read with difficulty, without the lights. Can one ask a Goy to turn ?on the lights

A. Shulchan Aruch (O.H. 307: 5) and Mishna Berura (ibid. 24) prohibit instructing a Gentile to perform a Biblically proscribed melacha such as turning on an electric light, even when needed for a mitzvah such as davening or learning Torah.
Noda Beyehuda (M.K. O.H. 33, see also M.T. 33) rules stringently in regards to those who request Gentiles to light candles before Neilah on Yom Kipur. .He advises to rather avoid reciting the additional piyutim. See also Heishiv Moshe (10) .
Even if the gentile was not asked but noticed on his own that the light is needed and turned it on by his own desire, it cannot be used since it was lighted for the benefit of the Jewish congregants. (ibid. 276: 1.)
However, in this last case if one could read, although with difficulty without the added light, it would be permitted to use that light. If not at all, then the light cannot be used. (ibid. 276: 4)

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


Posted 1/29/2016 2:14 PM | Tell a Friend | Ask The Rabbi | Comments (1)


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# 977 Beer in Mind
Q. Is it true that some have a minhag of drinking beer on Tu Bishvat?

A. Yes indeed, and it is based on the fact that we eat fruits of the seven species (Shivas Haminim, Devarim 8: 8) on Tu B'shavat, the day that marks the Rosh Hashana for trees. Wheat and barley, belong to that group. (See Nitey Gavriel - Purim 5: 2 he mentions that the Belzer Rebbe maintained that tradition).

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


Posted 1/21/2016 11:45 PM | Tell a Friend | Ask The Rabbi | Comments (1)



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