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Have a question? Send it in! Questions are answered by Rabbi Bartfeld.
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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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# 989 Take an Oath?
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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
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Posted 2/10/2016 12:22 AM |
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# 988 Hot Shaileh
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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.
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Posted 2/9/2016 11:24 PM |
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# 987 Together But Poles Apart
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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
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Posted 2/8/2016 1:21 PM |
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# 986 Are you Shore of This?
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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
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Posted 2/5/2016 3:48 PM |
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# 985 Where is My Day of Joy?
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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
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Posted 2/4/2016 2:49 PM |
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# 984 Unborn or Stillborn Enterprise?
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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.
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Posted 2/2/2016 10:11 PM |
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#983 Can You Divide the 49 in Two?
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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
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Posted 1/31/2016 11:08 AM |
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# 982 Really Shabbos Today?
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(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
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Posted 1/31/2016 10:50 AM |
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# 981 Lunar Learning
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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
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Posted 1/29/2016 3:44 PM |
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# 980 A Kee Question
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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
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Posted 1/29/2016 2:39 PM |
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# 979 Go Lightly…
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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
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Posted 1/29/2016 2:36 PM |
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# 978 Nu Say Can You See The Answer?
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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
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Posted 1/29/2016 2:14 PM |
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# 977 Beer in Mind
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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
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Posted 1/21/2016 11:45 PM |
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# 976 Informing Information
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Q. I am taking leave from a Jewish business. I am legally entitled to both termination pay and severance pay, but this business is refusing to pay.
Am I allowed to file a complaint with government (Ministry of Employment) or does this constitute malshinus?
A. Horav Shlomo Miller's Shlit'a opinion is that claiming your lawful rights at the respective government offices, even when it affects others, does not constitute an act of malshinus (informing or becoming an accuser or delator).
He recommends contacting first the rabbi of the shul where the reluctant owner or manager of the business davens.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit'a
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Posted 1/17/2016 4:10 PM |
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# 975 A Shailah of Interest
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Q. I gave a friend $10, 000 to store in his bank account for safekeeping. He is not borrowing this money technically, only holding it for me. What should be done with the interest accrued?
A. Horav Shlomo Miller's Shlit'a opinion is that if the safe keeper did not use the moneys and a minimum of $10,000 was kept in the account, he would be seen as only a shomer or custodian and not a borrower. Therefore, the interest accrued would not be considered prohibited ribbis.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit'a
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Posted 1/15/2016 2:46 PM |
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# 974 No Room For Compromise
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Q. Regarding a two bedroom apartment, can a man and women share the bathroom and kitchen while each lives in a separate private room with locks on door? What if there are more tenants? Would a security camera make a difference?
A. Horav Shlomo Miller's Shlit”a opinion is that sharing an apartment in the particular setting you describe is not a good idea as it can easily lead to the yichud prohibition of seclusion and then promiscuity, even if more people reside in the co-ed flat.
In question # 346 in this forum, Horav Miller recommended adding a security camera for office employees or for an elderly patient left alone with the female care-giver in question # 828 to avoid yichud.
We there mentioned that Horav Nissim Karelitz Shlit”a (quoted in Moriah-Elul 5771 p.146) maintains that security cameras are to be regarded as an open door to the street in regards to the yichud prohibition, which the Noda Beyihuda (E.H. 71) permits. He mentions that they do not have to be scrutinized on real time, as long as there is a possibility that the tape (or digital recording) could later be seen, and it is an effective deterrent.
We also quoted the Minchas Ish (p. 267) who permits yichud inside the safe deposit-box room in banks, due to the presence of security cameras. See also Nitey Gavriel (Yihud 45: 8 – p 283).
However, in the setting you describe even with installed security cameras, Horav Shlomo Miller Shlit'a strongly recommends to be stringent. This is due to the close familiarity and intimacy created by the daily mutual sharing of the unit's facilities for an extended period of time.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit'a
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Posted 1/15/2016 2:44 PM |
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# 973 Chain Reaction
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Q. Can this (chain or necklace) be brought in the bathroom ?
Here are the pictures. Let me know if you need better ones.
Kol tuv.
A. . Horav Shlomo Miller's Shlit”a opinion is that in general one should avoid using psukim for the purpose of adornment or decoration, as it belittles the honor and respect due to the words of Hashem written in our Torah. He added that one cannot say that it is outright prohibited to wear the medallion shown in a bathroom, as the words and letters are not clearly or correctly written. However, the scenario of this question is an additional reason to the one above mentioned, for one that cares and esteems what our Torah is in general and what that particular verse represents, to avoid wearing it at all anywhere.
See also Rabbenu Yerucham (Nesiv 2: 2) Beis Yosef (Y.D. 283) quoting T'shuvas Horambam in regards to medallions with verses from Tehilim worn by children for protection. He asserts that it constitutes a “zilzul” or irreverence to words of the Torah. See also Shulchan Aruch Y.D. (283: 4) regarding the prohibition to weave psukim on a ta'alis and Shach (ibid. 6) that the reason is the zilzul of the psukim of the Torah. (See also Tzitz Eliezer 16: 30)
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 1/12/2016 12:46 AM |
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# 972 Stay In Mutar Lodge
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Q. What is the frum position when it comes to the fraternal organizations such as the Freemasons?
A. The claim of some that the origins of Freemasonry go back to the days of King Solomon, Hiram of Tyre, or even Lemech is indeed doubtful or at least hard to prove. However, some distinguished Jewish personalities throughout the ages were Freemasons, such as Sir Israel Brodie Chief Rabbi of England and Grand Chaplain of the United Grand Lodge of England and others.
Horav Shlomo Miller Shlit’a pointed out that even though from its inception Freemasonry lodge constitutions reflected religious tolerance, in practice, in Germany and even in England there was discrimination and few Jews were admitted during the eighteenth century. (See Encyclopaedia Judaica).
Although, at least in principle Freemasonry does not consider itself a religion, it does demand a belief in monotheism. In reality, some lodges have in the past exposed a tendency to Christianity.
Some lodges may be formed by a large membership of active practitioners of other religions and their beliefs may permeate the laudable charity and benevolent work they do. Other lodges may be totally Jewish, but not necessarily comprised of Torah observant members. Working and associating closely with them, even for praiseworthy philanthropic and altruistic undertakings, may not be the best way to advance in bettering oneself in Torah and mitzvos observance.
Therefore, Horav Shlomo Miller's Shlit'a opinion is that given that there are many Torah observant institutes that promote excellent chesed and help for the needy and require associates and assistants, when possible one should join them.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 1/11/2016 12:39 PM |
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# 971 Bow and Allow
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Q. It is customary to bow to the judge in court. Is this permitted according to Halacha?
A. Remoh (Y.D. 150: 3) rules that one may bow or take off one's hat for a king or minister if he has not declared himself to be divine and is also not wearing any Avoda Zara symbol.
Many instances of bowing or kneeling are recorded in Tanach as permitted, when done only for respect or esteem. Avraham Avinu prostrated himself before the people of the land. (Bereshis 23: 12) Yosef's brothers prostrated themselves to him, with their faces to the ground. (Bereshis 42: 6).Yaakov even prostrated to Eisav seven times and the prophet Natan prostrated to David (Melachim 1:1:23)
However, Mordechai's refusal to bow to Haman was due to the fact that Haman declared himself to be a deity (Rashi Megilas Ester 3:2, Ralbag and Midrash Lekach Tov) or was wearing an Avoda Zara symbol. (Ester Rabbah (7:6), Ibn Ezra on Megilas Ester 3: 3 and Tosafos Sanhedrin 61b)
Rav Chanoch Teller, in his biography of Horav Aharon Kotler zt”l, relates that Rav Aharon zt”l once was in a post office in Japan in 1940 when a siren sounded alerting that Emperor Hirohito was in the area. The law in Japan at that time was that anyone who did not bow to the ground when the siren sounded was to be put to death. Rav Aharon Kotler refused to bow down, invoking the precedent of Mordechai. Rav Aharon was beaten severely, but his life was spared
Horav Shlomo Miller Shlit'a related that when Horav Eliezer Silver zt”l met Eleanor Roosevelt she greeted him by stretching out her hand. Quick thinking Horav Silver reacted by taking off his top hat and bowing down to the first lady.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 1/8/2016 3:58 PM |
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