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Have a question? Send it in! Questions are answered by Rabbi Bartfeld.
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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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# 970 Shed Some Light
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Q. Re- my last question in regards to lighting ner Shabbos by proxy. If I can’t find a shaliach to light for me and I don’t want to lose almost an hour of learning. Can I place a timer and light ner Shabbos with electrical incandescent bulbs before plag? Would a battery powered light be better? What about a brocho?
A. Generally you would comply with the mitzvah of Hadlokas Neiros using a battery powered incandescent light when in need. However, Horav Shlomo Miller’s Shlit’a opinion is that the mitzvah is the lighting itself, and in this case it was done via a timer prior to the required time of plag hamincha and no brocho can be recited then. Although, the mitzva of learning Torah preempts all others (Talmud Torah keneged kulam), it is only when one has the intention to observe all the mitzvos also. Therefore, Horav Shlomo Miller Shlit'a suggested that when no person to serve as a shaliach is available, you may try to light after plag using a remote control, either by phone or internet, without having to travel home. However, no brocho should be recited.
On question 674 on this forum we wrote:
Q. I'm doing my medical internship and I stay in the hospital overnight some days a week… Since I'm not married and I room alone, and I have an Internet security hook up with my residence, so I can turn on and off lights with a phone call. Can I make a brocho if I set my Menorah before and I turn it on by remote control?
A. Horav Shlomo Miller's Shlit"a opinion is not to recite a blessing via a remote controlled kindling, even if the menorah would fulfill all requirements (see prior question.) The reason being is that when one is not actually present there, it constitutes a deficient act of "Hadlaka" or lighting.
Although there are opinions that the blind light the menorah and recite a brocho even though they cannot see and enjoy the light (See Mogen Avrohom 675: 4, Maharshal 66.) The reason, as explained by the Aruch Hashulchan (O.H. 263: 9) and others is that the main mitzvah of Chanuka lighting is not enjoying and benefiting from the candles. This, as opposed to Shabbos candles, is actually prohibited in Chanuka candles. The main Mitzva and object of the Chanuka candles, is Pirsumei Nisah or the publicizing of the miracle, which could be achieved even by the kindling of the blind. Lighting via remote control, although Halachicaly it would be attributed to the one pushing the buttons, lacks Pirsumei Nisah.
Rabbi a. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 1/8/2016 12:18 PM |
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# 969 Can-Do Candles
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Q. Erev Shabbos, I am in the Bais Medresh learning Torah, before plag hamincha. Must I stop learning at plag and travel 10 or 15 minutes home to light Shabbos candles and then spend another 10 or 15 minutes back to the shul?
Since I'm not married can a friend acting as my agent light the neros Shabbos for me in my apartment and make the blessing?
A. Shabbos candle lighting could be done using an agent. Mishna Berura (263: 21) quoting Derech HaChaim mentions that when a shaliach lights candles for someone else the shaliach recites the brocho. (See Igrois Moshe O.H. 1: 190, Shabbos Hamalko p. 136, P’ninei Chanuka p. 27 et. al. in regards to Chanuka).
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 1/8/2016 12:16 PM |
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# 968 Out of Sight Out of Mind?
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Q. Can I store used dirty dishes in the dishwasher to keep the kitchen clean during Shabbos (if no light goes on or off)?
A. Poskim permit storing dirty dishes or soiled clothing in a washing machine if the purpose is to keep clean the house and not to prepare or set up to save time after Shabbos. (Igrois Moishe 4: - 39 Melochos p. 115 et. al.).
Mishne Halochos (4: 43 and 4:44) explains that there is no “ma'aras ayin” prohibition involved by placing oneself in a situation where an onlooker may suspect that one is about to wash the dishes or the clothing on Shabbos, if customarily during the weekdays one also stores away the dishes and washes them at a later time, when the machine becomes full.
Horav Shlomo Miller also advises not to place on Shabbos the dishes each one orderly and separately inside the racks, ready to be washed, but rather to just pile them up and get them out of sight.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 1/4/2016 10:05 PM |
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# 967 Open and Shut Case?
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Q. See prior question - (Can I take out on Shabbat from the dishwasher dishes that were already washed if no light goes on or off). What if the dishwasher was still working at candle lighting time can you take out the dishes on Shabbos?
A. 2) If the dishwasher was left on during the complete bein hashmoshos (from sunset's beginning until the time stars came out), since at the time Shabbos entered it could not be opened and it was muktza then, it will remain prohibited for the rest of Shabbos. (See O.H. 308: 3 and 279: 2). However, Horav Shlomo Miller Shlit”a pointed out, that if by mistake someone opened the dishwasher, it would be permitted to use the dishes, since the rationale of “Miguy Deiskatzoy Leben Hashmoshos Yiskatzoei Lekulo Yomei” (If it became muktza at the beginning of Shabbos it remains muktza for the rest of the day) does not apply to the dishes, as they were not muktza on their own accord. This being similar to the case of a totally enclosed storage facility that collapsed on Yom Tov, where Shulchan Aruch (O.H. 518: 9) rules that the fruits are permitted. (See Mishna Berura ibid. 45)
Horav Shlomo Miller's Shlit’a opinion is that in need, you may ask a Gentile to open the now muktza but inoperative (no lights go on) dishwasher in order to extract the dishes.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 1/4/2016 4:13 PM |
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# 966 Open and Shut Case
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Q. Can I take out on Shabbat from the dishwasher dishes that were already washed if no light goes on or off?
A. 1) A dishwasher is Muktza because it is considered a “Keli Shemelachto Leisur” since the normal use is prohibited on Shabbos. (Shulchan Aruch O.H. 308: 3). As such one is allowed to move it or parts of it for a permitted activity needed on Shabbos. Chashukei Chemed (Pesachim 109a) in regards to a child who hid the afikoman inside the washing machine, permits taking it out as long as no light or other electrical connection is done. (See also Luach Hamuktza p. 44)
Horav Shlomo Miller's Shlit'a opinion is similar and permits taking out dishes and utensils from the dishwasher on Shabbos when needed
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 1/4/2016 4:11 PM |
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# 965 Rise and Shine, Right on Time
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Q. When davening Vesikin, do you consider the pasuk Hashem Sefosai.... as part of the Shenoneh Esrei or not?
A. Horav Shlomo Miller's Shlit'a opinion is that “Hashem Sefosai” is part of the amida (See prior question) also in regards to starting the amida at the netz or sunrise.
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Posted 1/4/2016 3:53 PM |
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Important Numbers
