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Have a question? Send it in! Questions are answered by Rabbi Bartfeld.
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# 1009 You Buy It - You Brake It?
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Q. If someone while shopping at a frum food store places items into the shopping cart provided by the store, does he acquire the items when he picks them up or when he places them in the cart?
If not and they only become his property when he pays for them, can someone else remove them from his cart? If they then break (jars) is he responsible?
Thank you.
A. Horav Shlomo Miller’s Shlit”a opinion is that the items do not become his at the time he picks them up from the shelf or places them in the cart, since he does not have intention of acquiring them yet, as he may want to exchange them or buy something else instead.
Even though the items do not belong to him until he pays for them, it is forbidden for someone else to take them from his cart. This is similar to the case (Kidushin 59a) of someone pursuing or being engaged in the acquisition of land or the poor chasing after food, that our sages enjoined others from taking it away from them.
Rishonim disagree as to what exactly is the source and reason of the prohibition (see Rashi and Tosafot ibid.,) and if the injunction is Biblical or Rabbinic. (See Remo C,M, 237: 1, Avnei Nezer C,M, 14 et. al,). It is also comparable to the indigent cutting olives from the top of a tree, that although he did not yet make an acquisition act on them, as they fell onto the ground, it is prohibited for other to collect them because of keeping the ways of peace (Gittin 59b, Shulchan Aruch 370: 5.)
However, The Rov Shlit”a added, if the items the customer picked were to break, he would be liable for their payment as a paid shomer, since he derives benefit from them.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 3/6/2016 3:38 PM |
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# 1008 Transplant Ponder
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Q. If someone due to an accident, had to undergo a penis transplant from a non-Jewish uncircumcised cadaver source;
1) Does he have to wait for the bris until he regains complete sensation on the organ? (that takes longer, that other functions)
2) Is the bris done with a brocho?
3) If the transplant came from a circumcised individual, does he need hatafas dam bris? What if the deceased donor happened to be Jewish?
A. Igros Moshe (Y.D. 1: 227) considers reattaching the lost finger to a Cohen (in regards to the tumah prohibition), and mentions that once reconnected the finger becomes part and parcel of the body even before the transplanted organ becomes totally accepted and alive again. Tzitz Eliezer 13: 90 and 21: 31 maintains a similar view.
Horav Shlomo Miller's Shlit'a opinion is that the transplanted organ, when accepted is an integral part of an individual that already underwent and complied with the mitzva of bris milah. The fact that now he has an uncircumcised member, would make him similar to the case of a “nimshach orlaso” or one who after performing circumcision had some remaining skin pulled over, creating a new covering of foreskin The Talmud (Yebamot 72b) considers this as requiring milah by rabbinical law since he looks uncircumcised and there is “maras ayin”. No brocho is recited for avoiding maras ayin (Chasam Sofer Y.D 248, however Beis Meir Y.D. 265: 4 and Yehuda Yaaleh Y.D. 255 rule that a brocho should be recited). Therefore if the transplant originated from a circumcised donor there is also no need for” hatofas dam bris” either.
If the donor happened to be Jewish, there are other additional issues such as deriving benefit from the dead, “nivul hames” or embarrassing the dead and not complying with the obligation of burying the complete corpse of the dead. Therefore such donor should be avoided.
Although the Rov indicated that no brocho is recited, the bris should be carried out when some feeling has returned to the transplant.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 3/4/2016 4:36 PM |
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# 1007 Question Mark
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Q. If one has a problem cleaning himself after a bowel movement - no matter how much he cleans, he is still dirty, whether with excrement or excrement mixed with blood - may he daven and learn? If one discovers after davening that he was slightly dirty, does he need to repeat the davening?
A. Shulchan Aruch (O.H. 76: 5) rules that feces found on the anal area even when covered will prohibit one from reading shema or reciting any blessing and Torah learning (debarim shebekdusha): even if they could only be seen when one is sitting down and not when standing up. Mishna Berura (ibid. 16) explains that if someone suffers from haemorrhoids and constantly oozes blood accompanied by other malodorous discharges, he is forbidden to recite debarim shebekdusha, when a bad smell emanates from him. If there is no foul odour, it will depend on the source of the fluids.
There are indeed cases where an individual due to the severity of his condition may not be able to anymore pronounce anything of kedusha or don tefilin, as mentioned in Nishmas Avrohom ( 1: 76: 3) and his only remedy may be a surgical intervention.
However, many cases involve a number of doubtful situations, such as if the fecal matter could be seen or not, or if after cleaning himself he immediately discharges or not, what kind of discharge, if the odour can be masked by deodorizing agents, or the feces were already dry etc. therefore Poskim are lenient when one cleans himself and immediately after davens. (Piskey Teshuvos 76: 7) Eishel Avrohom writes that any doubt on this particular halacha you can rule leniently (ibid.)
Horav Shlomo Miller's Shlit”a opinion is similar in cases of great need. He recommends using using wet skin wipes.
When discovering a slight mark or stain after davening, if you can depend on any of the doubts mentioned above, you should not repeat brochos, but you may don tefilin again or recite a tefilas nedava or voluntary amida.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 3/2/2016 9:51 PM |
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# 1006 Time is of the Ess'n
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Q. Also, (see prior question) how much time does he have to eat the egg's volume of bread?
A. Poskim disagree. B’kurei Yaakov (639), Mate Efraim (H. Suka 625), Tehila Ledovid quoting Shulchan Aruch Harav, maintain that the complete beitza volume should be consumed within the achilas p’rass time frame (about three minutes – Igros Moshe O.H. 4: 41 et. al., though there are more lenient opinions.)
However, Ketzos Hashulchan (82) Moadim Uzmanim (8: 86) quoting HaGraz (Sidur – Netilas Yodaim), that in regards to netilas yodaim, one can be lenient and eat each separate kezais within that timeframe. (See also Shemiras Shabbos Kehilchoso 54 n. 129)
Horav Shlomo Miller’s Shlit’a opinion is also that one can be lenient and if he consumes each single kezais within that time amount, he can eat them at different times during the seuda.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 3/1/2016 1:35 PM |
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# 1005 Turn Up or Turn Down The Volume?
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Q. Al netilas yadayim is recited when eating an egg's volume of bread; less than that, one washes without a bracha. What if one is not sure how much bread he will eat?
A. Indeed, Shulchan Aruch (O.H. 158: 2) mentions the opinion of the Rokeach that if one eats less than an egg's volume, he should perform netilas yodaim without a brocho. Mishna Berura (ibid. 9) explains that since less than that amount the food is not contaminated by tumah, our sages may not have ordained netilas yodaim. It would seem from the Mishna Berura that he agrees to the ruling of the Shulcha Aruch and so he mentions in s. 486: 1.
However, Igrois Moshe (O.H. 4: 41) quotes the opinion of HaGra (ibid. 7) that on a k'zais bread you also recite netilas yodaim and rules that although on the onset one should certainly eat an egg's volume, if he doesn't want to eat more than a k'zais he also recites netilas yodaim. He also seems to require a “hachlata” before washing hands as to how much one is planning to eat to avoid doubtful blessings.
Otzros Chayim (Tikun Seuda 4) mentions that if he thought that he would eat a beitza volume and washed with a brocho, and then realizes that he cannot eat more than a kezais, it is not considered a brocho lebatalah.
Nishmas Shabbos (434) cites the opinion of the Ritva, that if someone washes hands, recites a brocho and then changes his mind and decides not to eat, it is not a brocho in vain, (and accordingly rules Chazon Ish 25: 9) . He combines this view with the opinion of the HaGra above, and states that if one only consumed a kezais, one does not have to eat more if he doesn’t want. He further adds quoting Shevet Hakehosi (5: 39) that if someone is in doubt whether he will be able to eat an egg’s volume, as is common on a winter’s third seuda, one is allowed to wash with a brocho, since this constitutes a sfek sfeika or double doubt to be lenient.
Horav Shlomo Miller’s Shlit’a opinion is also that if he is at least sure that he will eat a kezais but is in doubt of eating more, he can wash with a brocho. He mentioned that in reality the kezais amount isn’t much (aprox. 28 gms.) and there are also lesser shiur opinions, that could be joined to be lenient when in need.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 3/1/2016 1:33 PM |
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# 1004 You Must Hear This
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Q. Can you give an aliya to a mute individual?
A. Poskim rule that a mute should not be given an aliya since he cannot recite the brochos. Keren Ledovid 27, Shevet Halevy 7: 20, Yad Bekrias Hatorah 24: 3.)
However, Pri Megadim (M.Z. 140: 2) is lenient on the case of a distinguished and honourable leader of the generation, in that someone else should recite the brocho for his sake, and he will comply as “shomea keone.”
Poskim write that even if he is able to communicate by moving his lips, he should not be called to the Torah reading, since he cannot recite the brocho (Minchas Shlomo 1: 34, see also Tefilo Kehilchoso 8: n. 81)
Horav Shlomo Miller's Shlit"a opinion is similar. However, he added that if the mute can express vocal sounds that his likewise stricken companions familiar with him would understand, it is considered enough of a verbal language for receiving an aliya.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 2/28/2016 11:21 AM |
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# 1003 Torah for the Untaught
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Q. Is one permitted to receive an aliyah if one cannot (does not know how to) read along with the baal koreh?
A. Remo (O.H. 139: 3) disagrees with the Mechaber and rules like the Maharil that nowadays we may give an aliya to a blind person (see prior question) as we give an am haaretz (an ignoramus.) Mishna Berura (ibid. 13) explains that although he does not know how to read, he still complies because of “shomea keone” (listening is the same as saying.) Biur Halacha (beginning of s. 141) further elucidates that this is a special dispensation for the blind and the uneducated, to avoid public embarrassment and for maintaining the peace.
Piskey Teshuvos (ibid. n. 31) discusses and quotes opinions as to how an ignoramus that does not understand the Torah words being read and does not even comprehend the meaning of the brocho he recited from a transliterated Hebrew card, can fulfil the minimum requirements for an aliya. Therefore Poskim recommend to call an am ha’aretz only for the hosafot or extra aliyos given on Shabbos.
Horav Shlomo Miller’s Shlit”a opinion is that if he believes that Torah is G-d given, in need you may give him a regular aliya.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 2/28/2016 11:16 AM |
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# 1002 I See The Answer
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Q. Can we call to the Torah a blind person?
A. Shulchan Aruch (O.H. 139: 3) rules that the blind are not called for an aliya since one may not read the written Torah from memory. However, Remo (ibid.) quotes Maharil, that nowadays since the Ba’al Koreh reads from the Sefer Torah itself, the blind are called and comply because of “Shomea Keoneh” or hearing is like saying (Mishna Berura ibid, 12).
Teshuvos Vehanhogos (5: 55) writes that they should better be granted an aliya in the added “hosofos.” Piskey Teshuvos (ibid. 6) quotes similar opinions.
Ase Lecha Rav (6: 20) quotes that the Sephardic congregations in some places may maintain the rule of the Shulchan Aruch above. Pachad Yitzchok (E.Suma) and Kaf Hachaim (ibid) also quote different Sephardic traditions.
Tzitz Eliezer (11: 10: 2) and other Poskim recommend not to embarrass the blind, especially when they have a chiuv (obligation) to get an aliya, they are Talmidei Hachamim or elderly individuals.
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 2/28/2016 11:12 AM |
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# 1001 A Big Little Sefer
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Q. How big does a sefer have to be for the purpose of this mitzvah? (writing a sefer on the internet- see prior question 1000)
A. The Talmud Shabbos (115b) teaches that an old Sefer Torah that has a minimum of eighty five surviving kosher letters should be saved on Shabbos from being destroyed by fire. Also, the minimum size for a Sefer Torah to contaminate with Tumah the hands that touch it is eighty five letters (Yodaim 4: 5.) The above is deduced from the small parsha of “Binsoa Ha’aron” (Bamidbar 10:35) that is considered as a complete sefer.
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 2/26/2016 4:43 PM |
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# 1000 Virtual and Real Sefer
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Q. Can one fulfil the mitzvah of writing a Sefer Torah these days by writing a sefer on the internet that is open for all to learn from and to download?
A. The opinion of the Rosh (beginning of Hilchos Sefer Torah, quoted in Tur (Y.D. 270,) Shulchan Aruch (ibid. 2,) is that in our days when it is not common to learn directly from a Sefer Torah, but rather from printed texts of Chumashim, Mishnayot, Talmud and all other sefarim, the main mitzva of writing a Sefer Torah is accomplished when you acquire those seforim. Poskim disagree if today according to the Rosh there is still a mitzvah to write a Sefer Torah.( Perisha, Taz and Shach Y.D. 270: 4 – 5, Piskey Teshuva- ibid. Chayei Adam 31: 50.) Many Poskim maintain that although there is still a mitzva to write a Sefer Torah, priority should be granted to having seforim that we can learn from; After all the Torah itself writes that the reason for writing a Sefer torah is to teach the Bnay Yisroel. (Devarim 31: 19)
The Rosh does not mention that the mitzva is necessarily to author a new sefer; or to write or print one either. Rather you have to acquire them so you can learn from them. Poskim debate whether acquiring seforim that will not be used is a mitzva at all or if when one has already free access to available seforim in a Beth Midrash or library, if there is still a mitzva to obtain one’s own private seforim (Yikra Deuraisa p.21.) Undoubtedly, when authoring seforim that are needed, you comply with the mitzva of Kesivas Sefer Torah according to the Rosh.
Horav Shlomo Miller's Shlit'a opinion is that if you write or make available already published sefarim (without infringing on the author's rights) and post them on the internet where they will be used more readily or will have better and greater access than what is available now, you fulfill this mitzva according to the Poskim that follow the opinion of the Rosh.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a.
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Posted 2/24/2016 2:14 PM |
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# 999 Ador To Ador Service
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Q. If someone has yortzait in Ador, (father died in a single month year) and when they are two Adors he keeps both yortzaits for kadish. Which is the most important for the purpose of making a siyum?
A. Shulchan Aruch (O.H. 568: 7) maintains that the second Adar preempts the first for fasting on a yortzait, for someone while the Remoh (ibid,) sustains the first Adar, but recommends to keep both.
While Mishna Berurah (ibid. 41) follows the Remoh, Chasam Sofer (O.H. 163) and other Poskim maintain that the second Adar is primordial in reciting Kadish.
The minhag today is to recite kadish on both and to lead the service when not in conflict with others, also on both days.
Horav Shlomo Miller’s Shlit"a opinion is that if possible he should make a siyum on both days; otherwise he should choose the second Adar.(See also question 996.)
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 2/21/2016 1:02 PM |
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# 998 Do Donate
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Q. Additional related question : I bought a Sefer for the women to learn during Kiddush on Shabbos... for an Aliyah for his (my father) Neshama - Is it better to donate it with a note that's it's for his Aliyah Neshama or better to loan it out to the N'shei with that note? Someone mentioned if I donate it then only that one time is for his Aliya vs when it is loaned out, each time it is opened it is for an Aliyah. Thank you.
A. Horav Shlomo Miller's Shlit'a opinion is that it may be better to donate it, since it is more likely that it will be used constantly, as you may occasionally be absent or may forget to loan it.
The merit is the same regardless if donated or loaned, as long as it is being used and promotes the knowledge of Torah values for women.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 2/19/2016 3:45 PM |
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# 997 Clean and Clear
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Q. 2 shailos on liquid soap;
1 Is it muttar to use lkiquid soap on Shabbos
2. If yes what about liquid soap that changes from a liquid to a foam
Kol Toov
A. Remoh (O.H. 326: 10) prohibits using solid soap that dissolves into the water used for washing since it involves creating a new presence and this constitutes “nolad,” (born.)
Nolad refers to things that come into existence on Shabbos, for example breaking ice in order to produce water prohibited by the Talmud (Shabbos 51b.) Sefer Hat'rumah and Remoh, (318: 16 - see M”B 320: 35) explain that the reason is creating a new being.
Other Poskim prohibit because of “memachek” or smoothing which is one of the thirty nine melochos or labours forbidden on Shabbos.
Yechave Daas (2:50 ) permits the use of a bar of soap, because the user has no intention of changing anything; he only intends to clean what he is washing. However, Igrois Moshe (O.H. 1: 113) is stringent in the use of even liquid soaps that can be further diluted.
Most Poskim maintain the prohibition on solid bar soaps but permit the use of free flowing liquid soaps, including the foam or bubbles unintentionally created.(Aruch Hashulchan 326: 11, Ketzos Hashulchan 146: 32, Bris Olam – Memachek 5, Beer Moshe 8: 248, Shemiras Shabbos Kehilchaso 14: 16, et. al.)
Horav Shlomo miller's Shlit'a opinion is that free flowing or diluted liquid soap is permitted when needed.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 2/19/2016 3:44 PM |
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# 996 Doubtful Date of Date with Death
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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
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Posted 2/19/2016 11:58 AM |
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# 995 Enlightening Shabbos Lights
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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
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Posted 2/18/2016 10:51 PM |
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# 994 Shacharis Sleep?
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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
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Posted 2/18/2016 2:50 PM |
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# 993 You Call This Work?
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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
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Posted 2/14/2016 11:26 PM |
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# 992 Don't Fire the Rabbi
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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
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Posted 2/11/2016 11:47 PM |
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# 991 Raise Your Voice - Raise Your Level
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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
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Posted 2/11/2016 2:12 PM |
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#990 Let The Joy Begin
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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
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Posted 2/10/2016 12:37 AM |
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Important Numbers
