Q. Can you make a triangular suka? (using two standing house porch walls at 90°, you place a third closing both, creating a right triangle)
A. Afarkasta De'Aniya (O.H. 2: 98) mentions that in principle there is no Halachik problem in building and using a triangular suka, however there are allusions and remazim in the traditional square or rectangular suka. One of them quoted in Chemdas Hayomim (Suka ch. 1,) is that the suka represents the letter “hey”. The letter that traditionally represents the Teshuva opportunities so essential on Yom Kippur, which is therefore followed by Sukos. Mareh Cohen (Suka 2a) writes that the letter “hey” is last on the word suka, where each one of the four letters alludes to the halachos and laws of the suka. The “hey” represents that the minimum of two complete walls plus a partial third one (tefach), are essential in the building of the suka.
Horav Shlomo Miller's opinion is similar and when needed one can use a triangular suka.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
Q. Do I have to be careful each year to place the same wooden planks in my suka, in the same original position, so that the plank that was in the mizrach last year will remain there, as it was done in the mishkan?
A. Kaf Hachaim (630: 5) writes that the Maharil's rebbi, the Maharash, would mark the boards of his suka and place them each year on the same position. This being similar to the boards of the Mishkan that had lettering inscribed on them for that purpose (Yerushalmi Shabbos.) He rules that this is not essential and is regarded as “chasidus bealma” or an act of simple piety. Mishna Berura (8: 9) mentions that it is a custom to place a decorating strip or a'atoro on head-part of a ta'alis for the same reason, however the Arizal was not particular to follow this tradition.
Chashukei Chemed (Suka 2a) avers that one should place them on the onset with the condition that they could be placed anywhere, although they have no kedusha as the boards of the Mishkan.
Horav Shlomo Miller's Shlit'a opinion is similar to the Kaf Hachaim, and therefore a condition or t'nay is unnecesary. He pointed out that so is also the Aruch Hashulchan's(O.H. 630: 29) opinion in principle, (although he then adds that on the onset one should mark the panels, and that is the common minhag)
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a.
Q. Do women also kneel on Rosh Hashana and Yom Kipur?
A. Rivevos Efraim (3: 421: 2) quotes different opinions of contemporary Poskim, such as Responsa Shavit who maintains that women would do so in some congregations such as Frankfurt. Others assert that it is unnecessary or even improper. He also writes that when the Beis Hamikdash was extant, if women were to hear the holy name of Hashem from the mouth of the Cohen Gadol, they would be required to prostrate just as men were.
It is not uncommon today that some women in some shuln do kneel on Rosh Hashana and Yom Kipur. However Nitey Gavriel (Yom Hakipurim 57: 7) rules in regards to men prostrating, that all able people in a congregation should maintain a unified tradition. Otherwise, they may incur in the prohibition of Lo Tisgodedu, or separating into conflicting groups.
Horav Shlomo Miller's Shlit”a opinion is that indeed all people should follow the minhag and customs of the location or the majority of the mispalelim.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a.
Q. Do women answer Baruch Shem Kevod on Yom Kipur loud as men do? Do they also have to stand during the repetition of Shmone Ezreh?
A. Poskim disagree if women should say Boruch Shem aloud or not. Yeshuos Yaakov (619:2, Gur Aryeh Yehuda (O.H. 82) and others maintain they should while K'tzeh Hamateh (124), Taharas Hashulchan (619) et. al. disagree. The latter explain that women are not or don't have the need to be considered like malochim, as Mogen Avrohom (619: 10) writes. See also Nitey Gavriel (Yom Hakipurim 30: 9.)
In regards to standing by the repetition of the amida or when reciting selichot, if a man is able to so it is commendable (Eliahu rabba and Elef Lamateh) It is less expected to do so for women, as mentioned before (Nitey Gavriel ibid. 13)
Horav Shlomo Miller's Shlit”a opinion is that it depends on the minhag and tradition of the location. The same applies to standing during repetition and selichos. He pointed out that many men don't stand the whole time either. He added that the fact that women daven in a separate section is also a factor for the ensuant different minhogim.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a.
Q. Can a parolee who wears a waterproof ankle monitor immerse in a mikva Erev Yom Kipur or is it a chatzitza? If permitted, would the same apply to a woman's tevlila?
A. Horav Shlomo Miller's Shlit'a opinion is that if the tether's band is not tight and water can enter and wet the skin, it is not a chatztitza for men or women.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a.
Dear Rabbi Bartfeld,
Q. After davening I put my tefillin into its bag and into a larger bag.
While walking out of shul - my tefillin bag fell out of the larger bag and onto the floor.
Do I need to fast. If so is that today or another day?
Thank you.
A. Mishna Berura (40: 3) rules that if the tefillin fell while they were in their bag, you do not have to fast. Yet he mentions in the name of the Eliahu Rabba that you should donate something to tz'daka.
Beir Heitev (O.C. 571 :1) Eliahu Rabba (40) Kaf Hachaim (40: 6) et. al. rule that when you have to fast, you do so in the day that the tefillin fell. This being similar to the fasting for a bad dream, that does not require acceptance at the mincha prayer on the prior day. Other Poskim disagree and maintain that it is better to fast next day when you can properly accept the ta'anis at the prior mincha. (Yalkut Yosef Tefillin 15. See also Ma'adaney Yom Tov 3: p.22).
Horav Shlomo Miller's Shlit'a opinion is that if you have already eaten that day you should then fast the next day. He pointed out to Tosafos in Kidushin (5b) that you cannot have a fast on the day you already consumed food. Otherwise you should fast that same day.
Some Poskim connote that if the tefillin fell by accident and not because of negligence, giving to tz'daka suffices, (see Daas Torah 44:1, Chaim Shoal 12 and Shvivey Eish who argues that this would depend on the reasons why the fast was instituted.)
Horav Shlomo Miller Shlit”a agrees that this would constitute a mitigating circumstance if true, however, often people will incorrectly tend to deny responsibility for being negligent.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a.
Q. If I use a fleishig spoon to juice a lemon is the lemon fleshig?
A. Most Poskim agree that lemons are considered a dovor chorif or foods with a sharp taste. (Shulchan Aruch Y.D. 96: 4 et. al.) However, Shach (96: 20) mentions that lemons are not as sharp as other produce such as radishes.
Horav Shlomo Miller's Shlit'a opinion is that if pressure was used to extract the juice out of the lemon using as expected, the edge of the spoon, it is reasonable to treat the spoon as a dull knife, and the lemon would in this case absorb from the spoon and may become fleishig.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
Q. English muffins are typically eaten after toasting them, does toasting make them pas Yisroel?
A. Shulchan Aruch (Y.D. 112: 12) quotes two opinions whether bread that was fully baked and is then further baked or toasted to improve taste, if that second introduction in the oven turns it into Pas Yisroel or not. It seems that he sides with the opinion that it does not. See also Aruch Hashulchan (ibid.)
Horav Shlomo Miller's Shlit'a opinion is that since the English muffins are fully baked when they are sold, toasting them, even if it enhances markedly their flavor, does not turn them into Pas Yisroel.
He pointed out Igrois Moishe's (Y.D. 3:24 and 1: 57-58) ruling in regards to the exemption of tevila for a toaster, since it does not actually bake the bread, just betters it.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a.
Q. According to the OU web site the heter for baking bread which contains milk is that the milk is nullified. May one eat them with meat?
English muffins are typically eaten after toasting them, does toasting make them pas Yisroel?
A. the OU Consumer feature mentions; Currently, the primary justification to certify dairy English Muffins is that the dairy component is less than one part in 60 which is halachically insignificant (bitul bishishim). Ordinarily, the OU does not certify a product that contains a non-kosher ingredient, even if used in small proportions because, halachically, we are not permitted to intentionally nullify a non-kosher entity. (This is known as bitul issusr lichatchila.) Dairy English Muffins are not comparable because the milk component in of itself is permissible, and when it is mixed in the batter at low levels, the milk does not attain a prohibited status. As such, preparation of dairy English Muffins is justifiable.
Horav Shlomo Miller Shlit'a agrees that the hetter mentioned is reasonable in regards to the relatively lesser prohibition of baking dairy bread. However when dealing with bassar-vechalav prohibitions, he recommends to be more stringent, as the article quoted concurs.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
Q. If after putting on tallis and teffilin, I realize that there won't be enough men for a minyan, if I remove my tallis and teffilin, drive to another shul, and put them on again, am I required to make a new brachah on both the tallis and teffilin?
A. Horav shlomo Miller's Shlit”a opinion is that on the onset in you should keep at least the tefillin on you while travelling to the other shul. I you didn't, you should not repeat the brocho on the ta'alis, since you are still wearing a ta'alis kotton and therefore you were not maasiach daas or turned-off your mind from the mitzva of tzitzis. In regards to the tefillin he maintains that it is a sofek, and in doubt you should also not repeat the brocho. If possible have someone else who is donning tefillin then, recite the brocho for you too.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit”a.
Q. Does saying Im Yirtzeh Hashem (G-d willing) qualify as saying B'li Neder (no promise made)?
A. The two terms express different ideas. It is common to find in the responsa and rabbinic literature both phrases used together (see Sdei Chemed 8: Yishus, Peas Hasade 12 et. al.)
Meam Loez (Yehoshua 2: 9) quotes that a person dealing with future occurrences should teach himself to say Im Yirtze Hashem, and if it involves the performance of a mitzva he should add b'li neder.
Horav Shlomo Miller Shlit”a added that Hashem certainly is willing that we perform mitzvos, yet we don't want these to become nedorim.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a.
Q. Subsequent to my Zaidy’s recent successful eye operation, he has developed a renewed interest in praying to Hashem. Upon viewing the siddur for the first time in many years, he asked me why the most important word pronounced is rarely printed. Additionally, the Posikim complain about the mispronunciation of the vowels of the Shem HaAdnus. As a remedy to this, he requested that I prepare a complete siddur with the following modifications:
1) Following every Shem Haviyah (except Ez. 18:23), write the Shem HaAdnus inside square parenthesis.
2 Vocalize the Shem HaAdnus as it is found in Shoftim chap. 13, with a cholem mullay.
Is there any reason not to create a siddur in this manner? Could anyone use it?
A. Horav Shlomo Miller's Shlit”a opinion is that it is better not to write the Shem HaAdnus in its full version with an added vov, since it imbalances the gimatrias and numerical expressions inherent in the holiness of the name. Seeing the name written properly adds kedusha to the reader.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
Q. What does a Cohen do when he needs to visit a sick relative in the hospital or a spouse? Does it matter what kind of hospital it is. Can you provide considerations for sick kids, mount sinai, baycrest, and toronto general?
Thank you.
A. Horav Shlomo Miller's Shlit'a opinion is that a Cohen should only enter a hospital in need. He should also try to spend as little time as possible inside, especially on the corridors. When he enters the intended room to visit, he should maintain the door closed.
There is an ongoing rumor that Horav Gedalia Felder zt”l instituted many years back a double door system on the morgue of Mount Sinai Hospital. However his son, Horav Yaakov Felder Shlit'a could not confirm the veracity of the above or if the system is extant today.
Baycrest Hospital has a hot-line for Cohanim to call and verify if there are any deceased on the premises.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
Q. What if I forgot to say beli neder when donating for a mi sheberach or telling that I will do any mitzva, does (Kol Nidre or Hatoras Nedorim declaration of annulment) help?
A. It is always better to say b'li neder. However, Horav Shlomo Miller's Shlit”a opinion is that when someone did not have in mind to make a neder at all and he also did not remember then the declarations of annulment made in Kol Nidrei or Hatoras Nedarim, in need he may rely on them to avoid additional Hatoras Nedarim
However, if he did use an expression of neder when he donated tzedaka, or he answered amen to “ba'abur shenodar” said aloud by the gabay reciting a “mi sheberach” for him, it does become a neder if he omitted adding then b'li neder. However, he does not have to repeat b'li neder after answering omen on the “mi sheberach” if the gabay omitted saying b'li neder in turn, as the gabay is accepting the amount and the condition of the contributor.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a.
Q. I have often wondered if we make hatarath nedarim on erev Rosh Hashana, why do we recite Kol Nidre? Do any of the two declarations actually work?
A. The source for the Kol Nidei declaration is the Mishna in Nedarim (23a-b) “If one desires that his nedarim should not take effect, should declare on Rosh Hashana that all his nedarim to be expressed until next Rosh Hashana, should not be valid.” Rosh (Yuma Ch. 8: 28) explains this to be the reason for reciting Kol Nidrei in Yom Kipur, when everyone attends shul, as we also find (Yechezkel 40: 1) that Yom Kipur is also named Rosh Hashana. He adds that this declaration will be effective only if at the time of saying the neder, one does not recall saying that declaration. Rosh (ibid.) after quoting Rabenu Tam that Kol Nidrei is a declaration for the future, mentions that the earlier tradition was to consider Kol Nidrei an annulment on nedarim past. There is also the opinion of the Nimukei Yosef who maintains that Kol Nidrei is not an annulment or future declaration but rather a prayer to Hashem for not being punished for unkept promises. Zohar (Ra'ayah Mehemna 3: p. 255) asserts that the purpose of Kol Nidrei is to repeal and annul all dinim and negative decrees against Am Yisroel.
Sh'loh Hakadosh explains that we perform hatoras nedorim on Erev Rosh Hashana for the purpose of being z'rizim makdimim or diligent in preempting mitzvos. Besides, it is necessary since people may not be careful to recite, intend or understand properly what the intention of Kol Nidrei is. Sheilas Yavetz (1: 145) indeed wonders why the need for the two declarations and offers other elucidations.
Remoh (Y. D. 211: 1) rules that Kol Nidrei serves as a declaration for future nedarim and you can rely on it in case of great need.
Minchas Shlomo (Nedarim 24a) debates if for the purpose of nedarim that were created by observing a mitzva or a minhag, the above declarations will help, since when those acts were done, there was no intention of them becoming a neder. See Igrois Moishe (Y.D. 1: 127) as to what kind of minhag or adopted practice may become a neder.
Horav Shlomo Miller's Shlit'a opinion is to be lenient on adopted traditions that are not a mitzva and rely on the above declarations without needing further hatoras nedarim. (See questions 67, 360, and 688 in this forum)
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a.
Q. If someone has already written a pruzbul and then tutors or babysits before Rosh Hashana, but was not paid at that time, can they still collect after this Shmitah Rosh Hashana?
A. Only unpaid loans are canceled at the end of the Shmita year. A pruzbul is written to avoid the annulment, this is usually done close to the end of the Shmita year. The above applies mainly to loans. Unpaid wages are usually not affected by Shmita unless they were transformed into a loan until paid. (Shulchan Aruch, C. M., 67:15.) If this did take place, a new pruzbul would be needed before Rosh Hashana.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
Q. My family is noheg that we wash netilas yadayim before Kiddush on Shabbos. When we have guests (both Ashkenazi and Sfardi) should they wash before like us, or after? The Mishna Brurah (siman 271 s"k 58) says even the Shulchan Aruch who holds its better to wash after Kiddush still agrees that the chumrah is only for the one making Kiddush, but those listening to Kiddush can wash before Kiddush according to all opinions. However the Kaf Hachaim (271 s"k 76) disagrees. But in halacha there seems to be room to always follow the baal habayis even when his minhag is different than the guests. So should we tell everyone to follow the "minhag hamakom" or not?
A. The Talmud (Brochos 16a) mentions in the name of Rav Shimon Bar Yochai that the host breaks bread and the guest says grace. The host breaks bread so that he should do so generously.
Horav Shlomo Miller's Shlit'a opinion is that a sign of generosity and having a pleasant eye is to let the guest do as they are accustomed to do.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
Q. Thank you. If I understand the psak of the Rav Shlit"a, they should be allowed to follow their own minhag. Are they allowed to follow my minhag or must they davka wash after as per their own minhag?
thank you
A. Retzono Shel Adam Hu Kevodo. Horav Shlomo Miller's Shlit'a opinion is that the guest may be granted permission to do as they please.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
Q. Can you eat peanuts or peanut butter on Rosh Hashana?
A. Please refer to question # 213 in this forum (printed bellow.)
Horav Shlomo Miller's Shlit'a opinion is the same in regards to peanuts. Peanut butter is unquestionably permitted.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
# 213 Eating Nuts and Seeds on Rosh Hashana
Q. I know you can't eat nuts on Rosh Hashana, but can you eat seeds - like sunflower seeds and pumpkin seeds?
A. There are a number of reasons mentioned for not eating nuts on Rosh Hashono; a) Egoz, usually understood as walnuts, carries the same gematria as “chet “ or sin, without the non-essential alef (Remo O.H. 583:2). This would restrict the proscription to walnuts.
b) Nuts cause disturbing phlegm, coughing and expectoration, something you want to avoid during Rosh Hashono communal prayers and Shofar blowing (ibid.). This reason may apply to other dry nuts or seeds.
c) Am Yisroel is compared to an Egoz, like the shell covered nut, they can wallow and reel in the mud of Golus and still maintain it's internal uprightness and integrity (Midrash Shir Hashirim 6:11). Since eating the nuts will remind us of Golus, they constitute an unwanted Siman, we therefore avoid them (Chasam Sofer notes ibid.). This reason would apply only to nuts or seeds with a protective shell.
d) Egoz is the Roshei Teivos (first letters) of the verse Af Gam Zois, included in the Tochacha, also a bad Siman during these days (Chasam Sofer ibid.). This would be relevant only to walnuts.
e) The Egoz tree in Sefer Chasidim is the abode to Mazikim (demons and evil spirits) (Daas Torah ibid.), again pertains to walnuts only.
f) Yalkut Haggershuni (O.H. ibid.) says that the egoz is linked to the angel of forgetfulness, something to avoid in the Yom Hazikaron, day of remembrance as Rosh Hashono is also known.
Mate Ephraim (583:3) and Nitey Gavriel (Rosh Hashana 28:14) include in this tradition legumes (kitnios) and beans (pulin), Shulchan Oruch Horav (ibid. 10) includes almonds, Piskey Teshuvos (ibid. note 37 discusses pistachio nuts, sunflower and other seeds and whether this applies to cooked nuts and legumes.
Horav Shlomo Miller's Shlit"a opinion is that if you have an established family tradition you should observe it, otherwise since this is only a minhag, it suffices to restrict oneself from eating nuts.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. Is there a problem with using bamboo that is coated with a varnish like substance for schach?
I saw at dollar stores that they have them…
A. Poskim permit painting or coloring the material used for kosher schach since it does not change the nature of the substance and it does not create a separate-standing body. (Haelef Lecha Shlomo 365, Beis Yisroel 106, Nitey Gavriel – Sukos 15: n. 15 -quoting Chazon Ish, Orchois Rabbenu – quoting the Steipler Rov zt'l,) so too is the opinion of Horav Shlomo Miller Shlit”a.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
Q. Dear Rabbi
Since on Rosh Hashana we are being judged during the first three hours of the day which begin around 5.30 AM, would not davening vesikin (with the sunrise) be the best alternative, rather than spend that time sleeping in bed as most people do?
A. The Talmud (Avoda Zarah 3b – 4a) quotes disagreeing opinions as to what Hashem does during the first three hours of the day. Rav Yehuda in Rav's name maintains that the first three hours are spent in Torah learning while the next three are dedicated to judgment, while on daf 4a the Talmud quotes in the name of Rav Yosef that a person should not pray Musaf during the first three hours of the first day of Rosh Hashana since it is a time of resulting in anger. The Talmud mentions that this may disagree with the previous opinion and now we maintain that the first three hours are dedicated to judgment that harbors anger. Kerem Hatzvi (quoted in Talelei Oroth p.43) explains that this is the reason why the piyut “L'Ei-l Orech Din” is recited the first day during shacharis, while on the second day it is said at musaf
Ya'aros Devash (part 1, drush 14) adds another insight. He maintains that during the common days of the year the judgment for that day is written and signed before the end of the first three hours, so one should preferable pray then, since what point is there in davening after the judgment has been sealed. Not so on Rosh Hashana when the sentence is not signed yet. See also Shulchan Aruch and Mishna Berura 591: 8 that the judgement of Rosh Hashana is far more serious, severe and of consequence than the daily due process.
Horav Shlomo Miller's Shlit'a opinion is that indeed if someone can muster his concentration and intention, he should pray vasikin, if not he should spend at least part of that time learning Torah. He mentioned that some assert that the saying (Yerushalmi quoted by Remoh and Mishna Berura (583: 2) “One who sleeps during Rosh Hashana, his luck sleeps too." refers to the one who sleeps in at the early hours of the day.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
Important Numbers
