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Have a question? Send it in! Questions are answered by Rabbi Bartfeld.
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# 1205 A Measured Question
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Q. We learned recently on the Daf about not having false weights and measures. How about having them at home not for commercial purposes but just for preparing foods, or weighing oneself etc.?
A. The Torah teaches us (Devarim 25:13-15), “You may not have a large weight and a small weight in your purse; you may not have a large measure and a small measure in your house. You must only have full and righteous weights and full and righteous measures.”
Sefer HaChinuch (Mitzvah 602) writes “We are prohibited from keeping false weights and scales in our homes, even though we do not do business with them, lest they be a stumbling block before us.
This prohibition is likewise ruled by the Rambam (Laws of Theft 7:3): “One who keeps an imprecise measure or weight in his home or store transgresses a negative commandment.” The Shulchan Aruch (Choshen Mishpat 231:3) similarly records that possession alone is a transgression. The above is based on the Talmud (Bava Basra 89b) that extends the prohibition beyond the grocer: “Rabbi Yehudah said in the name of Rav: It is forbidden to keep an imprecise measure in one’s house, even if it is made into a bedpan.”
The above would prohibit the use and even possession of everyday scales and measuring devices found in homes: such as baby balances, bathroom scales, food scales, tape measures, baby bottles with volume markings, and so on. Many of these devices are imprecise to begin with, and the inaccuracy often grows over time. It seems unlikely that such a widespread and common practice could involve even a Torah prohibition.
However, Kesef Hakodoshim (231: 3) rules that the prohibition applies only to measures and scales that can and would occasionally be used for commercial purposes.
Minchas Shlomo, (3: 106), finds a possible reason for leniency in the ruling of the Talmud (Bava Basra 89b) and Rambam, (H. Geneiva 8:4) concerning locations in which the law requires that all commercial scales be stamped with a seal of approval. Under such conditions it is permitted to keep an inaccurate scale and measure, if it does not bear the stamp of approval.
Based on the above, Horav S. Z.Auerbach zt”l further writes that the same principle can be applied to everyday weights and measures, whose very form and image bears testimony to their imprecision. Just as the absence of an official stamp ensures that inaccurate measures are not employed for commerce, so the obvious appearance of a scale or measure as imprecise, is sufficient to permit keeping it.
Minchas Yitzchok (10: 149) also maintains that when a sign is written on a scale stating that it is not for commercial use, it is permitted. A similar ruling is to be found in Chashukei Chemed (Bava Metzia 61b) in regards to scales used for the separation of Terumos and Ma'asros.
Horav Shlomo Miller's Shlit”a opinion is similar to the above lenient rulings.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 12/5/2016 12:49 PM |
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# 1204 Where Are We?
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Q. What is Horav Miller's Shlit'a opinion in regards to writing the name of the place in the kesuva, when the wedding is in the Bayt or the Terrace? Is it Vaughan or Thornhill? What is the correct spelling?
A. Horav Shlomo Miller's Shlit'a opinion is that on weddings performed at the Beth Avraham Yoseph congregation (Bayt) the location's name written in the kesuva should be Thornhill, spelled טארנהיל. At the Terrace Banquet Centre the name should be Vaughan, spelled װאן preferable without a ה. After both names one should add הסמוכה לטאראנטא (Adjacent to Toronto).
Although both locations are basically in the same area, the Bayt, which is closer to Toronto, was built first, and acquired and established at least until the present time the Thornhill name, by the common use of it by the members of the community.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 12/2/2016 2:16 PM |
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# 1203 Lift Left The Left
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Q. One called to do hagbaha on a sefer Torah, lost a bit of control and his left hand holding the heavy side of the sefer went down. The bottom yad of the eitz chaim was always in his hand, but the very top side of the left eitz chaim touched the floor. Again most of the yad and the sefer itself was above ground under the control of the lifter. Does he or the people present have to fast.
A. Horav Shlomo Miller's shlit”a opinion is that since only the top went down while most of the sefer was held above ground, no one is obligated to fast as when an entire sefer falls.
Yet he suggested, that the presents according to their abilities should donate to the shul for the purchase of necessary seforim such as sidurim, chumashim etc. as a voluntary atonement for the unwitting partial desecration done. He also suggested that the magbiah, preferably, if he is able to should fast at least half a day.
The Rov maintains that the same would apply even if both tops of the two eitz chaims of the sefer Torah touched the ground, as long as the rest was held by both hands.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 12/2/2016 1:32 PM |
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# 1202 Kiddush Flub?
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Q. One sees that the Mussaf prayer on Shabbos will be delayed and one will only get home/ have the opportunity to make Kiddush when it will be after chatzos (if one davens with the minyan), and one has not had anything to drink that day yet.
I would like to know the rav's opinion: Should one leave the shul, make Kiddush and eat something, and only then daven Mussaf – even without a minyan – since one is not allowed to fast past chatzos? (which at this time of year is as early as 11:39 in New York). Or should he remain in shul for Mussaf and miss chatzos, since some poskim opine that the six hours start from when you wake up, and some say that one is allowed to fast past chatzos if he is involved in davening or learning, even though we don't pasken like those views, to the best of my knowledge?
A. Horav Shlomo Miller's Shlit'a opinion is that you can drink coffee or tea before davening and avoid fasting. Although Mishna Berura (89: 22) maintains that these beverages should be drunk without milk or sugar, many Poskim permit and the Rov agrees with them when in need. Maharsham Daas Torah 89: 3, Aruch Hashulchan 89:23, and Kaf Hachaim 89:31 Ishei Yisrael 13:25, Piskei Teshuvos 89:17, Sheorim Metsuyim BeHalacha 8:1, and others, mention that the minhag is to have coffee or tea even with sugar or milk before the tefila because it enables one to daven with more kavana, and is not an act of arrogance.
He also suggested that one may bring to shul a small bottle of grape juice and some mezonos and privately and speedily recite kiddush after shacharis.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 12/1/2016 10:20 PM |
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# 1201 The Crux Of The Kvater Matter
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Q. What is the source for the name K'vater?
A. According to Zoicher Habris (19: 1), Ateres Paz (38), and others, it derives from the German – Yidish gefatter or gevatter, meaning “shushbin” (best man) or godfather.
Oitzer Habbris (12 n. 2) mentions that it alludes to the fellow in charge to buying the diapers, that are named in a dialect by that name. He also quotes that it an expression of honoring by the door (kvod – tihr) or entrance to the shul. Aruch Hashulchan (Y.D. 265) maintains that it it connotes the k'tores or an offer of incense, since bringing the child to his bris is akin to sacrificing an oblation of k'tores.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 11/30/2016 11:51 PM |
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# 1200 Think Out The Box
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Q. Hi, I have a question.
Am I allowed to fold up a box on Shabbos? For example, if I finish a box of grape juice can I open up the other side to fold the box? Is that OK? I'm really not doing much (other than ripping a bit of tape).
On a similar note, when I throw out an aluminium foil tin, can I bend the sides in first?
Thank you
A. Horav Shlomo Miller's Shlit”a opinion is that it is prohibited. This applies even when the ripping and disposal may be needed for this Shabbos in order to keep the abode clean and neat, and it is not done for readying and preparing for after Shabbos. It is forbidden, because you can not destroy utensils during Shabbos. (Mekalkel is exempt of punishment but Rabbinically prohibited, Baba Kama 86a).
If no ripping or tearing is involved, you are allowed to bend the sides of a cardboard or aluminium container, that can easily be restored to the original condition, when needed for that Shabbos.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 11/29/2016 11:06 PM |
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# 1199 Hold It
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Q. A non-Jewish couple that don't have any children, are best friends to a couple celebrating a bris and are attending the ceremony. Can they be given a cheik kivud and hold the child before or after entering the shul proper, or maybe before or after the baby is given to the Kvater?
A. Horav Slomo Miller's Shlit”a opinion is that it is recommended not to give Gentiles any active part on a bris ceremony. If it can not be avoided, it should definitely not be done in shul but outside, before transferring the child to the k'vater. (See Chasukei Chemed -Yuma 26a, in regards to dividing the honor of k'vater into two parts and honoring two couples. See Aleinu Leshabeach 3: 694 regarding if a non-Jewish father can be a sandek each. See also question 1084 in this forum, in regards to reciting a Mi Sheberach for a Gentile).
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 11/28/2016 9:54 PM |
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# 1198 Comb That Honeycomb?
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Q. Does the COR certify the honeycombs sold at COR certified stores and if they do, are they actually visually inspected for bee parts ? And if there is a need for that inspection?
Thanks
A. The question was forwarded to Rabbi Tzvi Heber, Director of Community Kosher, COR, who responded
Hi Rabbi Bartfeld:
Sholom Aleichem.
We do not grant certification to unfiltered honey due to the insect problem.
That said, we would allow our stores to sell the product and it would be up to consumers to check it, if necessary (similar to raw vegetables that require checking). We do not know whether it is common to see insect parts in unfiltered honey that is sold in the retail market.
Best regards,
Tsvi Heber
As mentioned on the prior question, Horav Shlomo Miller's Shlit'a opinion is that you have to check for (if they are regularly there) and extract the insect parts if any that you can see, from the unfiltered honeycomb crushed before Shabbos. You can do so during Shabbos by using a spoon and removing some of the honey with them. If none were visible, you are allowed to eat the honeycomb slice, even if you cannot check the inside of the honeycomb cells.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 11/28/2016 9:45 PM |
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#1197 Bee Aware
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Q. Is there a "bee parts" issue, (when eating a piece of a honeycomb), since I've been told that pieces of the bee itself remain in the honeycomb? ( It was bought in a COR hechshered store)
A. Unfiltered honey that has insect parts in it, has to be strained before consuming. Although bee parts are not kosher, bee legs are considered inedible “atzamos” or bones and are not Biblically prohibited. (Pri Chadash Y.D. 81:27, based on Tosfos Avoda Zara 69a – “Hahu”). The Rosh (Avoda Zara 5:11) notes that bee legs and wings are “k’afar b’alma,” or similar to dust, and therefore not Biblically prohibited.
If prior to filtration the honey was heated (in a kosher equipment) with the parts inside, the honey would not become treif. (Shulchan Aruch Y.D. 81: 8). This is because the bee parts only impart a bad taste into the honey that after the fact do not compromise the kosher status of the honey (nosain ta’am lifgam).
Horav Shlomo Miller's Shlit'a opinion is that you have to check for (if they are regularly there) and extract the insect parts if any that you can see, from the unfiltered honeycomb crushed before Shabbos. You can do so during Shabbos by using a spoon and removing some of the honey with them.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 11/28/2016 9:42 PM |
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# 1196 Honey Trapped
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Q. Is there a problem with eating honeycomb on Shabbos/ Yom Tov. Is there a difference if I cut a piece and spread the honey using a knife to squeeze the honey out of the comb or if I just cut a small piece and pop the whole thing in my mouth, comb and all.?
A. Shulchan Aruch (O.H. 321:13) rules that when the honeycomb is still attached to the ground, it is forbidden to collect the honey on Shabbat, as it is similar to the prohibited activity of tolesh or detaching, a subcategory of the melacha of kotzer or harvesting.
Mishna Berura, (321: 48, 49) adds that even when the honeycombs are already detached, extracting the honey from them, constitutes also one of the activities Biblically prohibited on Shabbos named "Mefarek," defined as separating or extracting a natural product from its natural container, peel or shell. (Rabenu Chananel Shabbos 74a, Chaye Adam 14:1). Mefarek is a subcategory of the main melacha of “dosh” or threshing, as in separating the grain from the chaff.
Crushing the honeycomb so that the honey flows out, is included in this prohibition. However, if one crushed the honeycomb thoroughly before Shabbos, one may then use the honey which flows out naturally on Shabbos.
Therefore, one may not use a knife to squeeze the honey out of the honeycomb on Shabbos or Yom Tov. However, one may cut a piece and place it complete in the mouth. Eat the honey and then expel the inedible wax.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 11/28/2016 9:41 PM |
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# 1195 An Answer To Preserve
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Q. Can I salt a bowl of fresh vegetables on Shabbos right before a meal? (Cucumbers, peppers, etc,). Does it make a difference if I add some vinegar to it? or oil? (which I prefer not to use,)
A. The Talmud (Shabbos 108b). teaches that it is forbidden to salt radishes on Shabbos. There is a debate among the Rishonim, as to what is the exact nature of the prohibition. Rambam (Shabbos 22:10) and Shulchan Aruch (321: 3) maintain that the reason is because it appears like marinating things on Shabbos. Marinating is prohibited because it is similar to cooking, which is a main forbidden melacha on Shabbos. This is forbidden Rabbinically. (Mishna Berura 321: 14)
Rashi, however maintains, that the proscription is because the salt hardens and preserves the radishes from spoiling. This would be akin to the prohibited melacha of meabeid or tanning, as in preserving hides needed in the building of the Mishkan. Since the Talmud (Shabbos 75b) rules that meaved does not Biblically apply to foods, the Mishna Berura (321:15) writes that this is only a Rabbinic prohibition. However, it is not limited only to radishes, and it extends to other vegetables too, when it is customary to preserve them by salting.
Mishna Berura (ibid.) and most Poskim permit salting individual pieces of vegetables when one eats them immediately. Salting many is also permitted when vinegar or oil is poured immediately after. The reason is that there is no appearance of ivud or that the added liquids diminish the preserving power of the salt.
Foods and vegetables that are usually not preserved by salting, such as eggs or tomatoes can be salted when they will be eaten on that day. Preferably they should be salted right before the meal (ibid. 21)
Shmiras Shabbos K’Hilchaso (11: n6) quoting Horav S. Z. Auerbach zt”l maintains that although tomatoes are indeed pickled, they are only pickled whole and not in slices and thus adding salt to slices does not resemble pickling.
Adding vinegar, oil or dressings to salads is permitted, since it is not usually done for preserving purposes.
Horav Shlomo Miller's Shlit”a opinion is that adding vinegar should be restricted to foods that are not usually preserved with vinegar, or by using small quantities, making it obvious that it is only added for flavor. (See Piskei Teshuvos ibid.)
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 11/28/2016 9:26 PM |
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# 1194 Follow The Crowd?
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Q. Ashkenazi bochur that davens in a Sepharadi shule; should he wear a tallis godol?
A. To follow the minhag hamakom, (the custom of the place,) is an accepted universal principle in Halacha. See Or Letzion (2: 2) in regards to a Sefaradi bochur learning in a Ashkenazi yeshiva, he rules that he should wear his tzitzis on the outside, as everyone else does. Se also a similar question in Toras Hayeshiva (p. 18).
Horav Shlomo Miller's Shlit'a opinion is indeed to follow the minhag hamakom. However, he added, that if there is already a distinct and defined group of people not wearing a talis, he may join them.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a.
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Posted 11/18/2016 3:20 PM |
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# 1193 Excuse Me!
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Q. Suppose someone burps during Birchas HaMazon. Is there anything he can say or do in lieu of saying "Excuse me" and it will not be a Hefsek?
A. Horav Shlomo Miller Shlit'a suggests that he should politely cough, maybe clear his throat or courteously and apologetically wave a hand or express similarly his feelings of excuse and regret for his rudeness. (Note that in some cultures, burping is considered a sign of prize and thanks for the good food one consumed)
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 11/18/2016 3:18 PM |
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# 1192 Your Piece for Peace
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Q. 4) Is there a mitzva to vote in the elections of the country one resides?
A. See question 561 in this forum:
Is there a halakhic obligation to vote in the elections for the various levels of government of Canada? A. It is quite common in times of elections, specially in Israel for the Gedolim or recognized community leaders to voice their Halachic opinion as to the obligation to vote for a certain candidate or party. However, this obligation belongs to the realm of promoting the observance of the mitzvos of the Torah, not as a required mitzvah per se. (Much has been written about the permissibility of joining Israeli elections. See Hilchos Medinah ch. 3, from Horav E. Y. Waldenberg Zt”l, Horav Nissim Karelitz Shlit’a explaining the Chazon Ish position – Vezorach Hashemesh p. 408, Vehoemes Eid Leatzmo 13, et. al.) In countries where vote is compulsory (and often enforced,) as in most of Latin- America, Australia, Greece etc., voting would be a Halachic obligation based on “Dinah D’malchusah” or the obligation to comply with the law of the land. (Nedorim 28a, Bava Kama 113b etc. Shulchan Aruch C.M. 369: 8). In Canada, to vote is a right and not obligatory (Section 3 of the Charter of Rights and Freedoms). Yet the Novi Yermiyahu (29: 5-7) encouraged the Babylonian exiles to “Build houses and dwell [therein], and plant gardens and eat their produce. – And seek the peace of the city where I (Hashem) have exiled you and pray for it -, for in its peace you shall have peace.” Certainly a successful and truthful democracy is essential for peace. Horav Shlomo Miller’s Shlit”a opinion is that indeed exercising our right to vote is advisable and recommended, but not obligatory.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a.
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Posted 11/18/2016 3:16 PM |
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# 1191 Vote of Confidence?
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Q. 3) Is one obliged to vote in and for such government?
A. See question 1188 where we mentioned the different Torah sources and mitzvos involved in establishing a government. Rabeinu Yona (Shaarei Teshuva 3: 168) writes vehemently; “When the heads of the community congregate together with the people with the purpose of serving Hashem and they accept enactments to do mitzvos... the individual who separates himself from them is seen as a Poresh M'darkei Tzibur... and shows himself as unwilling to participate in their mission and be written in their writ etc. However, Horav Shlomo Miller's Shlit'a opinion is that in practice it depends on the circumstances and needs of each particular case. In principle, he maintains that although it may be a given right and a mitzva to vote in community matters, it is not in general an obligation to do so.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 11/18/2016 3:15 PM |
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# 1190 Govern Modern
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Q. 2) Is the government of the Torah elected democratically? How?
A. See question 1188. Talmud (Brochos 55a) teaches that “We do not appoint a Parnes or community leader unless the people were first consulted.” Pirkei D'Rabi Eliezer (11) mentions that: “the people choose the king, the king does not choose himself.” Abarbanel (introduction to Shoftim, first part) writes: “Judges and kings are named through Beis Din, but the people have to accept them. Rambam (Peirush Hamishnayos – Bechoros 4:4) rules that the Exilarch (Reish Galussa) can only be appointed with the consent and acceptance of the community.
Rema in Shulchan Aruch (C.M. 163: 1), Hagoos Maimonios (H. Tefila 11: 2) and others rule that all tax paying individuals should be summoned to voice their opinion and the majority will decide. Avnei Nezer (Y.D. 312: 5) and others explain how majority rules. Chazon Ish (Baba Bassra 15a) describes an advisable method to be used in a large city. Namely, to choose representatives from every congregation who in turn will elect the Seven Leaders or Tovei Hair.
Horav Shlomo Miller Shlit'a mentioned the opinion of most Poskim that the people are granted a vote when they pay the community taxes.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a.
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Posted 11/18/2016 3:13 PM |
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# 1189 Make No Mistake
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Q. A person came to shul on Friday afternoon to daven Mincha. By accident he started saying the Friday night S"E (Maariv) instead of the weekday Mincha. What should he do - continue with the Friday night S"E and then repeat it as tashlumim for the Mincha that he missed, or switch back to the weekday brachas?
A. Horav Shlomo Miller's Shlit”a opinion is that since the intention was to daven Mincha and it is also the time and occasion for this tefilah, and only by mistake he started Maariv instead, as soon as he becomes aware, he should switch to Mincha. This applies even if he already recited the brocho of Mekadesh Hashabbos.
The Rov insists that the above holds true only if it is still before the shekiah, as one should not daven Mincha after sunset. (However, in practice some traditionally do daven Mincha, at least in need, some limited time after the shekiah).
Rabbi A. Bartfeld as as advised by Horav Shlomo Miller Shlit'a
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Posted 11/15/2016 10:21 PM |
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# 1188 Ground Rules
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Q. I have a number of questions in regards to elections according to Halacha. 1) Firstly, what if any is the source in the Torah for having a government?
A. The Netziv (Haemek Dovor – Bereshis 9: 7) explains that the commandment of “P'ru Urbu” (Be fruitful and multiply) said to Noach, incorporates in the word “Urbu” an expression of grandness and rule, necessary for humans to survive as a viable lawful society.
Others maintain that the source for establishing a government is the mitzva of “Shoftim Veshotrim” (You shall set up judges and law enforcement officials for yourself in all your cities – Devarim 16: 18). They maintain that it stands as a separate mitzva, given even before they could name a king. (See Rambam – H. Deos 2: 3, Sanhedrin 25a in regards to naming a Parness, Teshuvo Meahavo 1: 208).
Maharitz (Teshuvos Chadoshos 133) asserts that the need for the rule of a government stems from Moshe Rabbenu's plea; "Let Hashem, the G-d of spirits of all flesh, appoint a man over the congregation... so that the congregation... will not be like sheep without a shepherd."
Teshuvos Vehanhogos (3: 431) maintains that government rule it is basically a rabbinical commandment.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a.
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Posted 11/11/2016 3:02 PM |
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# 1187 Poor Prutah
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Q. How much is the amount of a prutah this days?
A. The value of a perutah according to the opinion of the Chazon Ish and Rav Chaim Noeh is 1/40 or .025 of a gram of silver, and according to the Masoro it is .0182 of a gram of silver (Masores Hashekel p.119, Be'er Chaim p. 207)
At today’s (Marcheshvan 5777) price of silver (about $0.55 U.S.D. per gram) it would result in $0.0125 or $0.0091, a bit more or less than a penny. (See question 1024 on this forum).
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 11/11/2016 1:26 PM |
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# 1186 Early Sale
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Q. Can you sell the Aliyos of Simchas Torah on Shemini Atzeres, or is it like preparing from one Yom Tov to the next and prohibited?
A. Although Nitei Gavriel (Sukos 93: 1) rules to be stringent and to not begin selling the aliyos until the night of Simchas Torah has began, Horav Shlomo Miller's Shlit”a opinion is to be lenient. He permits auctioning even during the day of Shemini Atzeres.
Rabbi A. Bartfeld
as revised by Horav Shlomo Miller Shlit"a
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Posted 11/7/2016 4:03 PM |
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Important Numbers
