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Have a question? Send it in! Questions are answered by Rabbi Bartfeld.
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# 799 Don't Bug the Neighbors
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Q. I help my non-religious elderly neighbors by doing shopping for them. When requested can I buy raspberries for them? If I instruct them how to wash them properly and inspect them, can I trust them that they will follow through, or should I better just tell them that I could not find any?
A. 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 offense. 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 as Tosafos (Shabbos 3a) and Shach (Y.D.151:6) mention, there is a discrete 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 207 in this forum)
Horav Shlomo Miller's Shlit”a opinion is that in this particular case it is worth doing an act of kindness by washing the raspberries properly for them, while explaining to your neighbors the importance of cleanliness, insect non-contamination and keeping kosher. An act of altruistic graciousness will go a long way in achieving effective kiruv.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 5/29/2015 3:45 PM |
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# 798 Privacy @ Work?
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Q. Can an employer check the e mails of the people that work for him and suspects they may use his computers and paid time for their own private benefit?
A. Avnei Choshen (p. 568) mentions that Rav Chaim Valoshener zt”l instructed the secretary of the yeshiva to open all the students mail; to make sure that the bnei yeshiva would maintain their Torah-righteous level. This “heter” is widely used today by many yeshivos and educational institutions.
Horav Shlomo Miller's Shlit”a opinion is that it is indeed permitted since the hired people understand that this may be part of the normal expected office procedure for maintaining proficiency
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 5/29/2015 3:16 PM |
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# 797 Just the Fax.
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Q. Is it permitted to pick up an open fax from the office's fax machine, to see for whom it is, since you would be reading the information of someone else?
A. See answer above in regards to e mails. Hilchos K'tanos (1: 59) prohibits the reading of a letter that was left in an unsealed open envelope. (Leket Hakemach 334, Kol Gadol 120)
However some Poskim (Chevel Nachalaso 84) maintain that faxes by their nature are sent by individuals who may not care who will read them. They compare them to post-cards on which the Aruch Hashulchan (Y.D. 334: 21) sides that there is no cherem since the sender seems not to care. (Miyam Hachalcha;2: 61, maintains that although there is no cherem on reading other people's post-cards, one should morally abstain from doing so when not necessary).
Chasukei Chemed (Bava Basra 60b) debates if faxes are included on the cherem. He suggests that people do mind who reads them but they may not have another alternative. He remains in doubt.
Horav Shlomo Miller's Shlit”a opinion is that if there is a cover letter, he does not need see the fax itself. If there isn't, he should only read the address.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 5/29/2015 3:08 PM |
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# 796 Return To Sender
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Q. Since my business e mail address is similar to someone else, I sometimes get sent this individual's e mails by mistake. (I know it is not for me because I have no dealings with the sender. I have also complained to the sender, and for a while it worked but then he does the same mistake again) In order to see if it is an important message, is it permitted to open it, and reply so the sender who would then forward the mail to the right address, or would that be included in the Charem of Rabennu Gershon?
A. At the end of the Responsa Maharam, on the list of the decrees instituted by Rabbeinu Gershom Meor Hagola, he includes the cherem or ban against reading other people's mail. However he adds that if the letter was discarded, it is permissible (See also Kol Bo s. 116, Beer Hagola Y.D. 334). This cherem is still effective today, Poskim write that it should be considered with the same graveness as any other Torah prohibition. (Chikekei Lev Y.D. 49 debates whether three biblical prohibitions are involved). It was embraced and accepted at the time that it was issued by all Jewish communities throughout the world. No time limitation placed on this ban (See Shiltei Givorim – Shavuos c. 5, Chevel Nachalaso 84)
Horav Shlomo Miller's Shlit”a opinion is that e mails are similar to any other letter and are included in the cherem, since people do mind if others read their private e mails. (A similar ruling is quoted in the name of Horav Chaim Pinchas Scheinberg zt”l at ohrsameach.org)
In this particular case, when the e mail was sent by mistake to the wrong recipient due to the similarity of the addresses, Horav Shlomo Miller's Shlit”a opinion is that it may be correct for the erroneous receiver to open the e mail in order to reply to the sender and make him aware that it was sent to the wrong address if no other option is available. However, it would be better not to open the mail, and just send a new e mail to the sender, making him aware of the error done (the e mail would be identified by the date and time it was sent. Another possibility available in some servers, is to click on the adjacent box to the e mail and without opening, forward or return to sender)
Rabbi A. Bartfeld as revised by Horav Shlomo Millers Shlit”a
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Posted 5/29/2015 3:00 PM |
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# 795 Who Cut Down the Cherry Tree?
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Q. Can you cut branches from fruit trees, for Shavuos decorations?
Many Poskim permit cutting branches from a fruit tree for use in the Suka or for Shavuos decorations since they maintain that the prohibition of felling a tree applies only to the complete arbor. (Mishne Lemelech – Isurei Mizbeach 7: 3, Har Zvi O.H. 2: 101, see also Yechave Daas 5: 46 and Be'er Moshe 5: 133).
Others maintain that cutting branches is also prohibited. (Bais Yitzchok Y.D. 142, Shmiras Haguf Vehanefesh 250: 8, Mekadesh Yisroel 67 et.al.)
Horav Shlomo Miller's Shlit”a opinion is that we clearly see from the Shmita prohibitions that you are allowed to prune fruit trees. Therefore, if it is not detrimental to the tree, you can cut some branches (not in Shmita).
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a.
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Posted 5/22/2015 4:04 PM |
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# 794 Come to Shul, Get the Real Deal
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Q. Can you use artificial plastic plants and flowers for Shavuos decorations?
A. Horav Shlomo Miller's Shlit”a opinion is that although they may evoke some remembrance for the different reasons mentioned in placing flowers and plants on Shavuos, they may also fall short and seem miserly or even disdainful. Then again, there may be other factors involved and a local Rabbi should be consulted.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a.
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Posted 5/22/2015 4:01 PM |
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# 793 Please Don't Touch the Display
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Q. Are they (plant decorations placed at home or shul) muktza on Shabbos or Yom Tov?
A. On question 33 in this forum we wrote that; decorative branches that were placed on the Shul before Yom Tov are not Muktze, see Mishnah Berurah (494 – 9) in the name of the Mogen Avrohom. Mishnas Yaakov (ibid.) writes that he observed Torah sages that moved those branches as they went up to the Bimah.
Others argue that they may become muktze lemitvoso similar to the decorations of the Suka. (Erech Shai O.H. 494). However, Betzel Hachochmo (4: 87- 5: 119) and Binyan Shlomo (20) disagree.
Horav Shlomo Miller Shlit”a is of the opinion that if they were only fixed temporarily and can easily be removed, they are not Muktze.
He maintains that the same would apply when Shabbos precedes Yom Tov, if the branches were collocated before Shabbos with the intent of being a decoration.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a.
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Posted 5/22/2015 3:58 PM |
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# 792 Mame-Loshon Omer
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Q. Can someone count the Omer in his mother tongue when it is not the language of the country where he is?
A. Biur Halocho (beginning of s. 62) in regards to reading Shema in other languages rules that although one complies, it is only if the people of that country know that particular idiom. If they don’t and it is only him and a few others that speak in that tongue, he does not comply. Contemporary Poskim debate as to how many people are needed for the Biur Halocho’s requirement. They maintain that as long as it is an established language spoken officially in at least one nation, one would comply, even if only a small minority understands the idiom in the location where he finds himself now. (Megodim Chadoshim – Brochos p. 153, Yabia Omer 5:12:4). Others (Safa Ne’emana 32,) compare it to the proverbial Seventy Languages that were used when the Torah was translated.
Horav Shlomo Miller's Shlit”a opinion is that indeed, if for example, someone would count in Canada sefira in the Russian language he understands, he would comply with the mitzva as it is an established language.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 5/22/2015 3:54 PM |
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# 791 Deck The Halls?
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Q. Since the branches placed on Shavuos are from trees, is it permitted to place them in shul or even at home?
A. Maharil (H. Shavuos p. 160) is one of the earliest sources for placing aromatic plants and flowers on the floors of shuln and homes; he does not mention branches. Mogen Avrohom (494) does mention the placing of trees as a remembrance that in Shavuos we are judged on the attainment and success of the fruits of trees (Rosh Hashana 15a). Imrei Pinchos (p.148) mentions that following Cabala teachings, Mogen Avrohom means specifically trees and not branches.
However, the HaGro (Ma'ase Rav 191, quoted also in Chaye Adam 131: 13, Mishna Berurah 494,10)), rescinded the minhag of placing trees, since in our days it has become a Gentile's custom. It is included in the ban of following Chukos Hagoyim, or a tradition of other religions. Another reason for not placing trees in a shul originates from the Biblical injunction against planting trees next to the altar in the Bais Hamikdosh. (see R. A. Eiger notes on O.C.150). Orchois Rabbenu (p.134) mentions that both the Chazon Ish zt'l and the Steipler Gaon zt”l did not place any greenery in their homes on Shavuos.
Many Other Poskim did maintain the tradition of at least placing branches, (Imrei Eish Y.D. 58, Ksav Sofer Y.D. 178, Maharsham 1: 127 et. al.) if not trees in homes and shuln. (Yosef Daas Y.D. 348 who permits trees also). Otzar Hachaim (Vayikra 186) opines that unlike other religions, we only place the trees inside the homes, therefore it does not resemble the traditions of the Gentiles.
However, Igrois Moishe (Y.D. 4,11), quotes Aruch Hashulchan (O.C. ibid. 6), that not placing trees has become today the accepted tradition. (See question 89 in this forum).
Horav Shlomo Miller's Shlit”a opinion is that one should avoid decorating with complete trees. Nonetheless, placing plants, flowers and branches will depend on the minhag and tradition of the family or location.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 5/22/2015 3:51 PM |
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# 790 My Family Tree?
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Q. Can one cut branches with flowers from city owned trees on the street (close to the curb) to be used for Shavuos decorations in a shul or house? (presumably the city won't mind if it is only a few branches)
A. Bylaws of the City of Toronto state that a permit is required to remove, cut down or in any other way injure a tree with a diameter of 30 cm or more even on private property. However, Urban Forestry has determined that trees will live longer and grow better if they are pruned frequently. (www.toronto.ca). You may want to inquire if your planned cutting of branches is permitted or not.
Horav Shlomo Miller's Shlit”a opinion is that obviously it is prohibited by Halacha to cut or use for any purpose branches that were cut illegally and especially so for a mitzva purpose.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 5/22/2015 3:48 PM |
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# 789 Code Count
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Q. Can sefira be counted using Morse code or encrypted script?
A. Horav Shlomo Miller's Shlit”a opinion is that Morse code can not be used since for the purposes of counting sefira it considered communication signs and not a language.(See question 788 in this forum).
He also maintains that encrypted script is not considered for the purpose of sefira as writing, and therefore does not make a difference, even for counting on subsequent days with a brocho. (See question 785).
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 5/22/2015 1:25 AM |
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# 788 Sign Language counts?
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Q. Re- question above (785) on twitting sefira on a phone. Would someone who can’t speak comply with sefira by using the sign language he always communicates with? Or if you are asked what is the sefira today, can you reply by counting with your fingers as we often do?
A. Horav Shlomo Miller’s Shlit”a opinion is that although twitting is indeed similar to writing and if you maintain that writing is like speaking, you would comply with sefira counting. (See question 785 above) However, you cannot use any sign language for sefira counting, since for the purpose of this particular mitzvah that requires actual counting, it is not considered as verbal counting.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a.
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Posted 5/18/2015 4:36 PM |
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# 787 or ΨΠΖ or תשפ"ז
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Q. Would Rav Miller know why in the traditional Talmudic Hebrew or Aramaic we use letters for numerals, when that makes it so awkward for doing any math? Didn’t our sages ever make elaborated mathematical calculations?
Just wondering,
A. Horav Shlomo Miller Shlit”a pointed out that Hebrew numerals are similar to the Greek numerals in that they represent numbers using the letters of the Greek alphabet These alphabetic digits are also known by names; Ionic or Ionian numerals, Milesian numerals, and Alexandrian numerals. In modern Greece, they are still used for ordinal numbers. The fathers of Mathematics and Geometry such as Thales of Miletus, Pythagoras, Euclid of Alexandria, Aristotle and Archimedes all used that system of ciphers very productively and successfully.
The Perush on the Rambam (Kidush Hachodesh 18: 13) reveals that the word Gimatrya itself is of Greek origin. As the Talmud (Megila 9b) teaches: The beauty (wisdom) of Yefeth (progenitor of Yavan) will dwell in the tents of Shem, we did not have to reinvent what others formulated. See also Rambam (Kidush Hachodesh 2: 4 and 9: 6) that Beis Din would calculate the complicated cycle of the moon in the way astronomers did. Then again, Kedushas Hachodesh (p. 94) maintains that the Rambam is referring to our own astronomers, such as Shmuel.
Although modern, Hindu – Arabic digits may be easier to use, employing the traditional Hebrew numeral system did not at all prevent our sages from reaching great mathematical knowledge and scientific wisdom.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 5/15/2015 6:30 PM |
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# 785 # Sefira
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Q. During sefira I twitter a reminder in the early night to the members of our college students group to count sefira. It has happened that I have forgotten to count myself later on when I miss mariv in shul. Would I be yotze just with the writing of that twitter on my i-phone, if I intended that in case I forget later that should count?
A. Poskim disagree if writing is tantamount to speaking in regards to counting sefira. Kol Eliahu (30), Ksav Sofer (Y.D. 106) quoting Chasam Sofer, rule that even if writing is not generally equal to talking, in regards to counting sefira it is. Conversely, Birkei Yosef (489: 14), Mahari’a Asad (Y.D. 316), maintain the opposite. Even if writing is by and large considered like verbalizing, in sefira it is not since the Torah requests counting. (See also Teshuvos Rabi Akiva Eiger 29 and 30)
Since Poskim disagree, one who counted by writing should if able, count again articulating the count without a brocho, or someone else who has not yet counted should recite the brocho for him.
However if the day has passed, and he did not repeat verbally the count, Poskim maintain that he can still count the rest of the days with a brocho. The reason being that this situation constitutes a double doubt or sfek sfeko to be lenient. That is maybe the Halacha follows the opinion that after missing one day you have not lost the mitzvah, and even if you did, maybe writing is indeed the same as saying.(Mekadesh Yisroel - Sefirah 31, Mitzvas Sefiras Haome 44)
Horav Shlomo Miller’s Shlit”a opinion is that although for many mitzvos and prohibitions the writing on a screen may be considered only temporary or even not writing at all, (See question 383 in this forum in regards to erasing Hashem’s name from a screen, see also question 465 and 466 in regards to e-readers) however, as far as sefira is concerned it is deemed to be writing and the ruling above would prevail. Therefore the person writing the twitter would be able to count the rest of the days with a brocho.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a.
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Posted 5/15/2015 5:37 PM |
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# 786 Do I Have To Spell It Out?
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Q. Does it make a difference (when twitting sefira, see prior question) if the twitter contains only numbers for the day to be counted (eg: today is day 36 = 5 weeks and 1 day Laomer. No words were used for the numbers?
A. Horav Shlomo Miller’s Shlit”a opinion is that since using digits is a normal way of counting, it would be the same as writing the count with letters. (See answer # 785 above) However, he would have to write “today is day so and so”, or “it is x days to the omer.” The writing has to appear on the screen of his phone and not be encrypted or just be sent.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a.
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Posted 5/15/2015 5:24 PM |
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# 784 Face the Music During Sefira
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Q. Out of curiosity, if someone‘s death sentence will be carried out during sefira, does he count with a bracha?
A. See prior question. Chida (Avodas Hakodesh 7: 217) and others maintain that if one omitted counting one day of sefira, retroactively all the brochos recited would be considered in vain Accordingly it would befit that someone who knows that he won’t be able to finish the sefira, or will miss one day due to surgery or similar irrepressible situation, should listen to someone else’s brocho. However most Poskim disagree with the notion that the blessings would be retroactively lebatalah , since at that time he was still counting properly. Therefore one can recite the brocho of sefira until the day he misses. (Kinas Sofrim, Piskey Teshuvos 489: 22, Mekadesh Yisroel – Sefira 27, Minchas Oviv et. al.)
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 5/15/2015 5:01 PM |
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# 783 Don’t Count on Me?
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Q. A very ill patient who the doctors say could go into coma soon and is not expected to remain alive more than a week; can he still count sefira with a bracha?
A. Poskim rule that he can count even if it is likely that he may chas vesholom not be alive at the end of the sefira since he did as much as he was able to do in his condition. (Yad Yitzchok 2: 48: 2, Betzel Hachochmo 5: 45) Others add that it is not in the hands of the physicians to determine the end of a human life; that is only Hashem’s prerogative. Moreover, not counting with a brocho anymore may have a detrimental effect on his morale and will to live. That may indeed shorten his life. (Mekadesh Yisroel – Sefira 28).
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 5/15/2015 4:53 PM |
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#782 Read My Lips
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Q. Can someone count for a chole who can’t speak, if he is aware and just moves his lips?
A. Shulchan Aruch (O.H. 489 :1) rules that it is a mitzvah for each individual to count sefiras haomer for himself. Mishna Berura (ibid. 5) explains that although from the verse “usfartem lachem” (You shall count for yourselves) it would seem that sefira is different from any other mitzvah of speech, such as kidush or havdala, where we uphold that listening to others is tantamount to saying oneself, (shomea keone) however, some Poskim opine that they are the same and after the fact you comply just by listening. In Biur Halocho (ibid.) quoting the Pri Megodim, he rules that even after the fact, it is better to repeat the sefira by himself without a brocho.
As far as the brocho is concerned, Poskim agree that as in any other brocho, we say shomea keone. Ma’a se Rav writes that the Gra instituted that on the onset when praying with a minyan, one should recite the blessing for all present; subsequently each individual should count for himself.
Horav Shlomo Miller’s Shlit”a opinion is that in the case of a frail and weak patient you can certainly be lenient and count for him even if he is unable to move his lips. When he recovers he can continue to count with a brocho. Obviously both have to have the intention of complying with the mitzva.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a.
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Posted 5/15/2015 4:51 PM |
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# 781 Stand Up And Be Counted
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Q. An aged individual who has a hard time walking and with effort stands only for shmonezrei, does he have to do the same for sefiras homer and the brocho before?
A. Although, besides the halacha that all mitzvah-brochos should be done when standing, there is a unique drosho on the posuk “Mehochel Chermesh Bakomo” (from the time the sickle is first put to the standing crop, D’varim 16: 9) that indicates sefirah should also be done while on foot, (Pesikta Emor, see Birkei Yosef 8: 2) however, it is only an “asmachta” (hint or intimation) and not a complete standard drosho. Therefore, after the fact you comply even when seating or lying down. (Shulchan Aruch O.H. 489: 1, Mishna Berura ibid. 6).
Horav Shlomo Miller’s Shlit”a opinion is that when possible, more effort should be placed on standing for the amida than for counting sefira.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 5/11/2015 4:58 PM |
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# 780 Good Hair Day
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Q. What is the reason we do the chalaka of a 3 year old on Lag Baomer?
A. It could be that this was done with the intention of being mechanech, educating and starting off the child on his very first mitzvos at a place that is a source for tefilos and is a Mokom Kodosh.
One may add that the kever of Rashb”i was chosen in these generations, following what Rava points out in Talmud (Makos 17b) that women should strive to have children that are comparable to Rabbi Shimon Bar Yochai. It could also be that Rabbi Shimon gave an opening to return for people who are not yet Baalei Teshuva by upholding the opinion that “dovor sheino miskaven” (an unintentional act) is sometimes permitted. That would explain why this festive occasion became so popular even by the yet non-religious.
The Chalaka would then be done on Lag Baomer the day his yorzait or the day he came out from the meara.(See Minchagei Tispores Rishono p.125, Hakoton Vehichosov p. 58, Nitey Gavriel - Pesach 3: ch. 58)
Horav Shlomo Miller Shlit”a pointed out that traditionally some would do the chalaka at other k’vorim of other tzadikim such as the kever of Shmuel Hanovi. He also made reference to the Medresh (Tanchuma – Kedoshim 14 and Yakut Shimoni ibid.615) that compares a child to the mitzva of Orlo, where after the first three years you enter the fourth one designed as “Kodesh Hilulim.” That being the time of his beginning in chinuch for mitzvos he can now perform. (See similar opinion in Arugas Habosem O.H. 210)
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a.
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Posted 5/11/2015 4:53 PM |
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Important Numbers
