1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
212
213
214
215
216
217
218
219
220
221
222
223
224
225
226
227
228
229
230
231
232
233
234
235
236
237
238
239
240
241
242
243
244
245
246
247
248
249
250
251
252
253
254
255
256
257
258
259
260
261
262
263
264
265
266
267
268
269
270
271
272
273
|
|
|
|
|
# 854 From the Beak of Parrots
|
|
|
Q. Dear Rabbi.
I found a parrot on my backyard a few days ago and I placed found-a-parrot signs on the posts on the neighborhood. A Jewish neighbor came shortly after and gave as a siman, a name (his) that the parrot repeats when it sees him. Can I rely on the parrot's cognition and return it to the claimer?
Thanks so much for a fast reply (not equipped to deal with the bird)
A. A main issue is that requires clarification is what is the status of the majority of neighbors, are they Jewish or Gentile. If non-Jewish, you don't have the restrictions involved in the mitzva of Hashovas Aveida and you can return it or not at your will and conviction.
Rema (Shulchan Aruch C.M. 259: 7) rules that geese and chickens that rebelled and escaped their masters property, since they are hard to retrieve, they became hefker or ownerless and do not have to be returned. Choshen Aharon (p. 71) is in doubt whether parrots are similar to the above fowls or once conditioned to captivity are easier to catch. (See also Hayoshor Vehatov p. 97 in regards to yiush or giving up in a similar shaileh)
In regards to if the parrots cognition is a good siman or no, the Mishna (Sota 31a) mentions about one who issued a warning to his wife not to seclude herself with a certain man and then becomes aware of the seclusion, even from a bird in flight. Tiferes Yisroel (ibid.) explains that we are dealing with a talking parrot, that gave away her secret. Although the information gathered, according to Rabi Eliezer is enough in that case, it is only so because there no formal testimony is required.
Chashukei Chemed (Shabbos 107a) deals with a similar shaileh. He rules that one may not rely on the parrot's name callings abilities for the purposes of deciding who the parrot's owner is, when the ownership is being contested in Beis Din, if the claimant has no possession and wants to use the above to prove his proprietorship. The reason is that the claimant may have been indeed once the bird's owner, but sold it, and the bird still remembers him.
However in a case of hashovas aveidah, although the finder has possession, since he is only interested in returning the bird to its rightful owner and does not claim ownership for himself, he possibly may rely on the name calling as a siman. Horav Akiva Steinmetz Shlit'a pointed out that in our case the siman is more significant, since the alleged owner provided the key word before it was articulated by the parrot Preferably, he should try to use a better distinguishing mark.
Rabbi A. Bartfeld
|
|
|
|
|
Posted 8/7/2015 5:43 PM |
Tell a Friend
| Ask The Rabbi |
Comments (0)
|
|
|
|
|
|
|
# 853 Little One's Big Miracles
|
|
|
Q. My three year old son had a miracle. He was standing by the fridge. when the whole cabinets crashed in the kitchen. What stopped it from collapsing totally on him was the Shabbos water heater, where it rested on. Do I bentch gomel for him?
A. Poskim disagree whether a minor recites hagomel. Mor Uk'tzia, Birkei Yosef 219: 1, Mahari Bassan, Ohr Letzion 2 p. 310 et. al. maintain that he should. (see also Har Tzvi O.H. 113.) However, Maharam Mintz 14, Aruch hashulchan, Mishna Berura (219:3) Tzitz Eliezer 14: 20, Lehoros Nossan 4: 12, et. al. rule that minors do not recite hagomel. Magen Avrohom (ibid.) explains that he is unable to say the word hagomel “lechayavim” (guilty ones) since he is not yet accountable for his acts. He also can not omit that word since it is essential not to deviate from the established form of brochos.
Rivavos Efraim (O.H. 4: 63) considers if there is a mitzva of chinuch to educate a minor on reciting hagomel, since he may fortunately never have to recite it in his adult life.
The accepted custom today is that minors do not recite hagomel. Sha'arei Teshuvah (219:1) Shaarei Efraim (4: 58) Nachlas Bunyomin 58 et. al. maintain that the father also does not recite the blessing (some opine with Hashem's name) on their behalf.
It is customary to give an amount to charity in lieu of a Korban Toda. (See question 370 in this forum)
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit'a
|
|
|
|
|
Posted 8/7/2015 5:42 PM |
Tell a Friend
| Ask The Rabbi |
Comments (0)
|
|
|
|
|
|
|
# 852 Early Blessings
|
|
|
Q. Is it correct when someone speaks at a wedding on Tu Beav to already wish everyone a Kesiva Vechasima Tova or is it out of place?
A. Chasidic sources maintain that it is proper for one to salute from Tu Beav onwards with the blessing of Kesiva Vechasima Tova (Darkei Chaim Vesholom 683 on Munkatcher traditions, Nitey Gavriel Ben Hametzarim 2: 98: 15) One reason given is that from that day onwards one has to increase his learning of Torah as the days grow shorter (Ta’anis 31a) therefore, the sparks of holiness of Rosh Hashana and the days of Rachamim begin to awaken and glow (ibid.)
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit"a.
|
|
|
|
|
Posted 7/31/2015 2:31 PM |
Tell a Friend
| Ask The Rabbi |
Comments (0)
|
|
|
|
|
|
|
# 851 Fast Before Feast
|
|
|
Q. Does a Chosson- Kallah fast on Tu Beav if they get married later on that day?
A. See prior question. Mishna Berura (573: 7) rules in the name of Mogen Avrohom (ibid.) that there is no ta’anis chasonim on Tu Beav, and the choson and kallah do not fast. (See also Hanessuin Kehilchoson 6: 38)
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit"a
|
|
|
|
|
Posted 7/31/2015 2:29 PM |
Tell a Friend
| Ask The Rabbi |
Comments (0)
|
|
|
|
|
|
|
# 850 Have a Great Yom Tov
|
|
|
Q. Is there an inyan to make in our days a siyum on Tu Beav since it is considered one of the greatest Yomim Tovim?
A. The Mishna (Ta’anis 26b) quotes Rabban Shimon Ben Gamliel saying that; There were no greater Yomim Tovim than the fifteenth of Av and Yom Hakipurim. Most of the six reasons mentioned in the Talmud (ibid 30b, 31a) for the greatness of joy on Tu Beav apply only in the days of the Beis Hamikdosh, (Gevuros Ari ibid), therefore some Poskim maintain that you may even fast on Tu Beav. (Shibolei Haleket 30.) However, our custom is to consider the day as a minor or partial festivity and not to say Tachanun (Shulchan Aruch O.H. 131: 5) or fast. (see next question.) It is also apparent from the Midrash (P'sichta Eicha Rabbasi) that after the churban the simcha and joy of the day ceased. (See also Mishna Berura 131: 30)
Nitei Gavriel (Ben Hametzorim 2: 98: 13) mentions that some (Bais Aharon – Minhagei Karlin p. 8, Darkei Chaim Vesholom 683 on Munkatcher traditions) would make a seuda on Tu Beav. However it is not a common custom..
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit"a.
|
|
|
|
|
Posted 7/31/2015 2:28 PM |
Tell a Friend
| Ask The Rabbi |
Comments (0)
|
|
|
|
|
|
|
# 849 Falls Apart?
|
|
|
Q. Hi,
I am thinking of driving to Niagara Falls USA to get a social security card for our daughter next week Tuesday.
We might stop by the falls while we are there to stretch a bit and rest.
My wife feels this is a violation of the 9 days.
I'd like to go because i have the time and want to get the errand done.
Is my wife being overly frum or am I too lax?
A. Horav Shlomo Miller's Shlit”a opinion is that if you don't engage in touring or other leisure activity and you are only stopping to rest or have a meal there is no reason to prohibit the trip. (Horav D. Pam Shlit”a suggested not to stop by the Falls, being there would be deemed as a leisure activity)
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit”a
|
|
|
|
|
Posted 7/29/2015 10:47 PM |
Tell a Friend
| Ask The Rabbi |
Comments (0)
|
|
|
|
|
|
|
# 848 Sponge a Shaile?
|
|
|
Q. If there is a sponge or a rag lying in the sink, is one permitted to turn on the water on Shabbos, or would this be considered "laundering" the sponge (since it will become soaked with water)?
If this is, indeed, a problem, then what should one do if he needs to wash for bread, etc., and there is no other sink available?
A. Poskim (Pri Megodim – Eshel avrohom 320: 22 et. al.) maintain that a wet sponge is muktza since it is a “keli shemelachto leisur” or a utensil designated for a prohibited purpose on Shabbos. Therefore it can be removed “letzorech mekomo” or if you need the space it occupies. If the sponge is dry, Biur Halacha (320: 17) quotes different opinions and remains in doubt. Some Poskim permit its removal when in need (39 Melochos 2: p. 354)
Horav Shlomo Miller's Shlit”a opinion is that you should not pour any water on it as it could be sheriya or washing, but you should remove it indirectly by using a hanger or a fork, being cautious not to squeeze out any liquid from it.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit'a.
|
|
|
|
|
Posted 7/24/2015 6:30 PM |
Tell a Friend
| Ask The Rabbi |
Comments (0)
|
|
|
|
|
|
|
# 847 A Separating Havdala?
|
|
|
A Separating Havdala?
Q. If a woman can’t fast does her husband say havdala for her during the day, and she drinks the cup?
A. Poskim rule that an ill person who has to eat on Tisha Beav should recite havdala before he eats.(Knesses Hagedola 71, Shaarei Teshuva 556:1) In Regards to women who have to eat Poskim disagree. Some maintain that they may wait to hear it at the end of the fast. (Nitey Gavriel – H. Ben Hametzorim 2; 95; 6, quoting also Orchos Rabenu).
Mishne Halochos (7: 39) maintains that it is better on the onset that the husband should recite havdala for her and give a minor to drink the grape juice.
Horav Shlomo Miller's Shlit”a opinion is that, she should recite havdala for herself.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
|
|
|
|
|
Posted 7/24/2015 6:18 PM |
Tell a Friend
| Ask The Rabbi |
Comments (0)
|
|
|
|
|
|
|
# 846 Meat Me on Shalosh Seudos?
|
|
|
Q. Is it better to eat meat on this shaleshudes (when Tisha Beav is Sunday) when you don’t do so the whole year?
A. Shulchan Aruch (O.H. 552: 10) rules that when Tisha Beav is a nidche one can eat on all the Shabbos meals meat and drink wine. He can make his Shabbos seudos as extraordinary as the banquets of Shlomo Hamelech in his day. However, Poskim do not mention that one is obligated to do so. On the contrary, Nitey Gavriel (H. Bein Hametzorim 2: 91: 4) quotes some Poskim that maintain that one should eat dairy (Zera Kodesh et. al.)
Horav Shlomo Miller's Shlit”a opinion is that one should eat what is pleasant, with the intention of complying with the mitzvo of Oneg Shabbos. Although one eats also with the aim of preparing for the fast, he should not mention this openly, as it would constitute an act of hachono or proscribed preparation from Shabbos to weekdays.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
|
|
|
|
|
Posted 7/24/2015 6:08 PM |
Tell a Friend
| Ask The Rabbi |
Comments (0)
|
|
|
|
|
|
|
# 845 Home Meal
|
|
|
Q. If we always eat shaleshudes in shul should we also do it on this Shabbos when it is a nidche or is it better to eat at home?
A. See prior question. Poskim disagree if it is better to eat with company on the Shalosh Seudos meal on Tishaa Beav – nidche. Mogen Avrohom (552: 14) and Aruch Hashulchan (ibid. 12.) opine that it is better to avoid being with company. Other Poskim (Bechor Shor – Taanis 30Shaarei Teshuva 552: 11) maintain that if you eat every Shabbos this seuda in shul, omitting now may be seen as Avelus Befarhesia (explicit mourning that is prohibited on Shabbos.)
Horav Shlomo Miller's Shlit”a opinion is that it is preferable to eat the Third Seuda at home.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
|
|
|
|
|
Posted 7/24/2015 6:03 PM |
Tell a Friend
| Ask The Rabbi |
Comments (0)
|
|
|
|
|
|
|
# 844 Changing Fast Clothes
|
|
|
Q. Is it worthwhile this year that Motzei Shabbos is Tisha Beav nidche, to make Maariv later and let the people go home to change to weekday clothing?
A. Since when Tisha Beav is Motzei Shabbat you have to stop eating on Shabbos afternoon before the shkia, many shuls daven mincha earlier, either a half an hour after chatzos (astronomical noon) or at a later hour, earlier than in a regular Shabbos. This is to give enough time for people to eat their Shalosh Seudos meal. Since it is the last meal before the fast and people have different needs and wants, it is customary that people eat this meal at home. They stop eating before sunset and wait until the end of Shabbos. After Shabbos ended and they said Hamavdil ben kodesh lechol, they return to shul for maariv wearing already weekday clothing and permissible shoes.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
|
|
|
|
|
Posted 7/24/2015 5:54 PM |
Tell a Friend
| Ask The Rabbi |
Comments (0)
|
|
|
|
|
|
|
# 843 Bearly a Reason for Hagomel Bentching?
|
|
|
Q. Dear Rav Bartfeld, shlita,
Someone in our kehillah was hiking alone up a mountain out west. As he was walking, he noticed a black bear about 90 meters away from him. Black bears can be deadly, even though they are not as dangerous as grizzlies. The wind was working in the man's favour, so the bear didn't pick up on the scent. He quickly descended the mountain without incident.
The man was petrified, and wanted to bench gomel upon his return to safety. On the one hand, the bear didn't attack him, and fortunately didn't notice him. On the other hand it could have been a dangerous or deadly encounter, chalilah if the wind would have been blowing in the opposite direction. It remains to be seen.
Would this man be obligated to bench gomel? More generally, is gomel something which is subjective: since he felt that he was in danger, he should bench? or is there an absolute line that must be crossed before chazal would mandate hagomel?
A. Horav Shlomo Miller's Shlit”a opinion is that Hagomel should not be recited unless someone was actually in danger and then saved. He further explained that being endangered could be defined as a statistically meaningful probability of being hurt. A situation defined in Halacha as “Miut Hamotzui” a small but significant enough probability to be taken into serious consideration, (some Poskim maintain it is a ten percent probability, but other numbers are also mentioned) The above means, that similar encounters at that distance, wind direction, and species of bears, have resulted in actual injury or trauma, which is clearly not your case.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit”a
|
|
|
|
|
Posted 7/20/2015 11:21 PM |
Tell a Friend
| Ask The Rabbi |
Comments (1)
|
|
|
|
|
|
|
# 842 Velo Yi'hye Motor?
|
|
|
Q. Are you allowed to fix a motorboat (during the Nine Days)?
A. Horav Shlomo Miller’s Shlit’a opinion is that in principle there is no prohibition for a Gentile to fix for you a motorboat that will be used after the Nine Days. However in the spirit of the days, (see prior answers) when possible it should be postponed until after the Nine Days.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
|
|
|
|
|
Posted 7/19/2015 10:29 PM |
Tell a Friend
| Ask The Rabbi |
Comments (0)
|
|
|
|
|
|
|
# 841 Float Your Boat?
|
|
|
Q. Is it permitted to take (during the Nine Days) a boat ride on the lake without getting wet? Is it permitted if you do it for the children?
A. Poskim advise that during the period of Ben Hametzarim and especially during the Nine Days one should abstain from engaging in activities that involve any danger, since at this time the Mazal of our nation is not auspicious. (Mekor Chaim 551: 14, Peas Hasadeh 1: 10, Teshuvos V'Hanhagos 2:263). See also Piskei Teshuvos 6 p. 68 in regards to avoiding scheduling medical operations in those days and Orchois Rabbenu (2: p. 129) and Vedorashto Vechokarto (O.H. 90) as to traveling during that time.
Horav Shlomo Miller’s Shlit’a opinion is that besides the above reason, during the Nine Days one should maintain a certain decorum and demureness in one’s activities that follows the spirit of mourning for the Beis Hamikdosh. That is also the example to be given to our children.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
|
|
|
|
|
Posted 7/19/2015 10:27 PM |
Tell a Friend
| Ask The Rabbi |
Comments (0)
|
|
|
|
|
|
|
# 840 Stealing Your Mind with Fake Flowers?
|
|
|
Q. Can you place (during the Nine Days) an outside planter and plant it with artificial flowers? (Is that permitted the whole year, or is it gneivas daas?)
A. Horav Shlomo Miller's Shlit”a opinion is that it should be avoided since it is a decorative activity that brings out joy and delight There is no need for engaging in it during the Nine Days and it is similar to the proscribed “Avurnekei tree of Kings” mentioned in Shulchan Aruch (O.H. 551: 2)
He also maintains that there is no geneivas daas or prohibition of misrepresenting by misleading others when placing artificial flowers in planters since the Talmud and Shulchan Aruch (C.M. 228: 6) state that when people are not misled, but jump to conclusions based on their own mistaken impression, there is no prohibition of geneivas daas. This is similar to someone wearing custom jewellery.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
|
|
|
|
|
Posted 7/19/2015 10:26 PM |
Tell a Friend
| Ask The Rabbi |
Comments (0)
|
|
|
|
|
|
|
# 839 Roll Out the Green Carpet?
|
|
|
Q. Are you allowed (during the Nine Days) to spread on the deck a carpet made of artificial grass without nailing it?
A. Horav Shlomo Miller's Shlit”a opinion is that it is permitted, however a permanent installation should be avoided.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
|
|
|
|
|
Posted 7/19/2015 10:23 PM |
Tell a Friend
| Ask The Rabbi |
Comments (0)
|
|
|
|
|
|
|
#838 All Hands Off Deck
|
|
|
Q. Is it permitted to wash the house floor during the nine days? How about the deck outside if dirty?
A. In question 594 on this forum we wrote; Although you may vacuum clean a carpet during the Nine Days, even a Gentile should not wash them. In regards to washing the floors Poskim disagree. Some maintain that it is permitted. (Teshuras Shai 174.) Some permit only for someone who does so every week, (Hisorerus Teshuvo O.H. 339) and some prohibit altogrther. (Meshiv Devorim Y.D. 259, Divrei Sofrim 146.) Nitei Gavriel (Ben Hametzorim 1:29:7) writes that it is accustomed to be stringent, however, for the honor of Shabbos it is permitted.
Horav Shlomo Miller's Shlit”a opinion is that it is permitted in need or when done so every week.
In regards to the deck outside, on question 595 we wrote: Horav Shlomo Miller's Shlit"a opinion is that the Nine Days should be dedicated essentially to the mourning of the Bais Hamikdosh and what we should do to bring about a prompt Geula. Having said that, if there is a need to pressure wash a deck or outside walls (as in a cottage,) it is permitted since it is not included on the laundering prohibition.
(See also question 337 in this forum permitting washing a car during the Nine Days)
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
|
|
|
|
|
Posted 7/19/2015 10:20 PM |
Tell a Friend
| Ask The Rabbi |
Comments (0)
|
|
|
|
|
|
|
# 837 Crazy Cooking
|
|
|
Q. If the caregiver asks one of the halachic shote patients above to turn on the stove, is that bishul akum for others?
A. Horav Shlomo Miller's Shlit'a opinion is that it is not bishul akum, since the Rabbinical prohibitions on the above apply only when it was actually food cooked by a Gentile. This cannot be worse than food that cooked itself in the heat of the sun, which is permitted. Besides, a shoite can even be under certain conditions, a Shochet.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
|
|
|
|
|
Posted 7/14/2015 2:42 PM |
Tell a Friend
| Ask The Rabbi |
Comments (1)
|
|
|
|
|
|
|
# 836 Sombre Shote
|
|
|
Q. A patient who is so depressed that becomes irrational, is he a halachic shote at that time?
A. In the expressions of our sages one suffering from depression is named a Baal Moro Shechoro or suffering from Melankolio. Divrei Malkiel (7: 36 ) maintains that he is the classic case mentioned in Talmud (Chagiga 3b) as “the one who sleeps over in a cemetery,” or “walks around at wee hours of the night alone.” However, other Poskim disagree. (Aruch Hashulchan E.H. 121: 13., Piskey Teshuva ibid. ) Some maintain that although there may be an indication of the beginning of the process of becoming a shoiteh, he is still sane. (Responsa Chasam Sofer E. H. 2: 2)
Horav Shlomo Miller’s Shlit”a opinion is that all cases differ and a correct ruling depends on many different factors. He advises to consult a competent Rabbi when necessary.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
|
|
|
|
|
Posted 7/14/2015 2:39 PM |
Tell a Friend
| Ask The Rabbi |
Comments (0)
|
|
|
|
|
|
|
# 835 Did he Find his Mind?
|
|
|
Q. If he (a patient that has lost most of his memory) regains some memory only from time to time and only then is rational, is he liable on mitzvos when he is well?
A. See prior answer where Horav Shlomo Miller Shlit”a indicated that one who suffers of memory loss, even severe by itself does not qualify as a shoiteh, unless he becomes detached from reality and is incapacitated. Shulchan Aruch (E. H. 121: 3) rules that one who is sometimes healthy mentally and sometimes not, during his periods of sanity he is considered in Halacha capable for everything. Poskim maintain that the above is correct even when at his healthy intervals he still shows some signs of illness. (Beis Yosef E.H. 121 quoting Responsa Rashbo et. al.)
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a.
|
|
|
|
|
Posted 7/14/2015 2:37 PM |
Tell a Friend
| Ask The Rabbi |
Comments (0)
|
|
|
Important Numbers
