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#625 A Cut to Soon?
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Q. The Mishna Berurah recommendation to cut your hair on Erev Rosh Hashanah begins at the eve after Maariv or only in the morning after Shacharis?
A. Horav Shlomo Miller's Shlit"a opinion is that you can take a haircut lichvod Rosh Hashonoh already from the prior evening and it also shows our confidence on the positive outcome of the Yom Hadin.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit'a
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Posted 10/8/2014 12:52 PM |
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#624 Kidush Before Yom Kippur?
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Q. If you are in doubt as to what the weather will be like motzei yom kippur, should you say kidush levanah before Yom Kipur?
A. Remoh (O.H. 426: 2) rules that one should not recite Kidush Levanah prior to the night at the end of Yom Kippur, since at that time one is in a state of happiness. However, Biur Halacha (ibid.) quotes the opinion of the Levush who maintains that on the contrary one should aim to include before Yom Kippur the compliance of as many mitzvos as possible, as they may tip the balance on one's favor.
Horav Shlomo Miller's Shlit"a opinion is that if indeed reliable weather forecasts are predicting overcasts skies on the night after Yom Kippur, one should recite before. (See also Mishna Berura 426: 20 quoting the opinion of Hagrah).
Rabbi A. Bartfeld as revised By Horav Shlomo Miller Shlit"a
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Posted 10/3/2014 1:09 PM |
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#623 A Straight Pretzel Shaileh
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Q. Does the chumra with regard to refraining from "pas palter" this week apply to standard pretzels sold in packages at food stores?
A. Many contemporary Poskim maintain that soft and large hard pretzels made from thick dough are considered pas pelter or pas akum. Some are of the opinion that small thin pretzels made from a thin batter do not meet the standards set for the pas pelter prohibition ( Halchically Speaking V.5: Issue 15), others disagree (Harav Yisroel Belsky Shlit"a. See Hakhel 3:2:page 5).
There are also diverse opinions as to the brocho recited on different kinds of pretzels, which may also reflect on pas pelter Halacha characteristics. (Ateres Elimelech quoting Horav S. Z. Auerbach zt"l, Hamesivta y. 5767 p. 314 and others)
Horav Shlomo Miller Shlit"a pointed out to responsa Avnei Nezer (Y.D. 1: 92) who deliberates whether bread that is not “Oleh al shulchan melochim" or “fit for a king's table" carries the pas akum prohibition and quotes differing opinions. Pretzels would fit into that category.
Horav Miller's Shlit"a opinion is that during Aseres Yimey Teshuva if one is then stringent on pas akum, in case of need he can be lenient on small hard pretzels.
Rabbi A. Bartfeld as revised By Horav Shlomo Miller Shlit"a.
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Posted 10/3/2014 1:09 PM |
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#622 Standing Selichos
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Q. I use an Artscroll Slichos, and it says that the 13 Middos are recited while standing, implying that there is no need to stand while saying the other paragraphs of slichos. I have always seen people stand throughout the slichos, and it seems to be a universal custom. Personally, I find it difficult to stand throughout the slichos, especially at times like the first night, which is late on Motzaei Shabbos, or Erev Rosh Hashanah when slichos are very long. Is there really a requirement to stand for slichos or is it a minhag?
A. M'ate Ephraim (581: 18) writes that it “better" to stand when reciting all Selichos, but one should stand at least when saying the Thirteen Midos, Shema Koleinu and Viduy (See also Mishna Berura 607: 10 and Kitzur Sh'loh)
Orchois Rabbeinu (p. 167) mentions that the Steipler Gaon Zt"l when already aged and frail, would sit throughout all the Selichos but would stand for the Thirteen Midos.
Mipniney Horav (p. 154) explains the source for standing during Selichos, as a reflection of the Talmudic aphorism; (Rosh Hashana 17a) Hashem demonstrated before Moshe Rabbenu the proper way to say selichos. He proves this to be similar to the reciting of the amida.
Seder Selichos Ashmurah Balaila (p. 50) mentions that the tradition of the Yemenite Jews was not to stand for selichos even for the Thirteen Midos.
Horav Shlomo Miller's Shlit"a opinion is similar to the M'ate Ephraim quoted above.
Rabbi A. Bartfeld as revised By Horav Shlomo Miller Shlit"a
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Posted 10/3/2014 1:09 PM |
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#621 Vouching for the Voucher
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#621 Vouching for the Voucher
Q. Is it possible to make change from a Tzedakah voucher using the shul's pushka the same way people do with real currency?
Since I've designated the money for tzedakah and received a tax receipt, if I use some of the change (by accident) for personal use, isn't that geneivah? And therefore, lechatchila, I shouldn't be allowed to do it.
Thank you. I enjoy your questions and answers each week in Frum Toronto.
A. Horav Shlomo Miller's Shlit"a opinion is that although you can use a shul's pushka to make change from real currency, you may not do the same with tzedokoh vouchers. The reason is that by changing coins and leaving bills behind in the pushka you make it easier for the ones in charge of collecting the funds from the pushka. That is not the case with tzedokoh vouchers, which cannot be directly deposited in a bank and may require extra steps and cause even a percentage loss. However if one benefits the tzedokoh fund by taking less than the par value, he should then consult with the officials in charge as to what is the accepted custom in that shul and by how much should he benefit the institution.
In regards to using the change acquired legally from a voucher, as when you donate one to a tzedokoh collector and he gives you back cash; that change can be utilized for personal use.
This applies as long as you remember to repay and contribute their value to tzedokoh. The coins received, unless so specified in a neder, (“Harei zu" as opposed to “Harei olay") do not necessarily belong themselves to tzedokoh, but the amount donated does.
Rabbi A. Bartfeld as revised By Horav Shlomo Miller Shlit"a
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Posted 10/3/2014 1:08 PM |
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#620 The Hagomel of the Alter of Kelm
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Q. I read in the name of the Alter of Kelm that you don't recite Birchat Hagomel after Yom Kipur for having survived the judgment of the Yme Hadin, since you really don't know what the sentence was and when during the year it may be carried out. Why then do we not recite Hagomel at the last moments before years end?
A. Horav Shlomo Miller Shlit"a indicated that our sages established birchas hagomel only for one being saved or having recovered from physical dangers and illnesses that one can actually see and experience. The Alter of Kelm zt"l used the analogy only to emphasize how real the Days of Judgment should be in our eyes and was said only as a "Musar" exegesis, not a Halacha ruling.
However, in regards to the brocho of mechaye hamessim recited when meeting a dear one after not seeing him for twelve months (Shulchan Aruch O.H. 225:1 and Mishna Berura ibid. 4) the fact that one survived the Yimei Hadin is a factor indeed.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a.
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Posted 9/19/2014 12:28 PM |
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#619 Is It the Thought That Counts?
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Q. When doing shnaim mikro vechod targum that should be finished by Rosh Hashana, can you just read it with your eyes as when you learn a sefer or do you have to pronounce it with your lips? How about when you sign up for learning mishnayos for a shloshim?
A. Firstly, it should be stated that there is no requirement to finish the Torah text twice and the Targum translation once (Shmo"s) before Rosh Hashana. The Talmud (Brochos 8b) mentions that Rav Bibi Bar Abaye thought of completing the whole reading on the eve of Yom Kippur but was dissuaded from doing so. Shulchan Aruch (O.H. 285: 4) mentions Simchas Torah as the deadline.
Mishna Berura (285: 2) quotes different opinions whether one complies with the obligation of reading the Torah text twice and the Targum translation once, by just listening to the Baal Koreh as he reads the Sefer Torah on Shabbos. However, listening to the words of the reader is considered normally like reciting them (Shomea K'oneh). Indeed, Horav Shlomo Miller's Shlit"a opinion is that, as the text in the Shulchan Aruch (ibid.) implies, "likros" means to recite and you will not fulfill the Shmo"s obligation by just reading the text silently.
Teshuvos Vehanhogos (O.H. 2: 205) debates whether when learning Rashi instead of Targum (see Shulchan Aruch ibid. 2 and Mishna Berura 4) one is also required to recite the Rashis exegesis or reading silently suffices. Giv'as Shaul (28) rules that Rashi as the Targum itself should also be recited.
When complying with learning mishnayos for shloshim, Horav Shlomo Miller's Shlit"a opinion is that learning silently suffices.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 9/19/2014 12:26 PM |
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#618 Sired After Expired
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Q. If the child is born (conceived by sperm left over after his fathers death – see previous question) will he be a Cohen as his father was? Will he have to say kadish on his yortzait?
A. Poiskim disagree on this matter Beiros Shlomo (P. 270 nts.) maintains that he is considered the father's child for everything (inheritance and incest marital prohibitions) excepting Yibum, since at the time of death he did not have any children, on the onset yibum could be permitted, however because of marais ayin, chalitza should be done.
However Mishp'tey Uziel (53) disagrees and maintains that even when the father is alive, a child born by artificial insemination is not related at all to the donor. (see Tashbatz 3: 263, Yabia Omer E.H. 1:5). There are other opinions that differentiate to what he is considered a child and what not (see Noam 1: p.155 and Nishmas Avrohom 3 p. 10)
Horav Shlomo Miller's Shlit"a opinion is that following the rule of most Poskim the child would be considered a Cohen and would recite kadish on his yortzait.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 9/19/2014 12:24 PM |
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#617 A Matter of Life and Death
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Q. I have a friend whose husband tragically died very young and she was left totally devastated. They didn't have any children but were in IVF treatment when he suddenly passed away.
She wants to know if it is proper or even recommended to continue with the treatment and have a child of his after he died. This would be of tremendous emotional help for her.
A. There are differing opinions as whether in general it is advisable or even permitted for a single woman to conceive. Some are lenient (S'ridei Eish 3:5), others oppose it vehemently (Tzitz Eliezer 9: 51: Shaar 4: 2, Minchas Shlomo 3: p.25, Nishmas Avrohom E.H. 4: 1: 3, also quoting R. S.Z. Auerbach zt"l). One objection is that the mother and child may become the targets of slander, because even a moral, chaste single woman can be accused of promiscuity when she becomes pregnant. Adding that one has a responsibility to avoid even the appearance of scandal, as it says (Proverbs 4:24): "Remove from yourself an untrue mouth, and distance yourself from crooked lips." It also brakes down established moral barriers permitting for others deeds of licentiousness that could be hidden under the cloak of a permitted act. Other concerns deal with incest, since the donor may be unknown, the child may have siblings whose existence, he or she, does not know and may end up marrying them.
Some contemporary authorities address your particular shaileh. B'mareh Habazak (published by Eretz Hemdah v 4: p. 209) writes that although we do not find a formal prohibition for a widow to not conceive her late husband's child after his death, it is certainly not recommended, as he will grow without the framework of a family and with possibly severe psychological shortfalls created by his singular birth experience. There are also concerns whether the late husband may or may not be agreeable with what is done with his surviving sperm.
A similar position is to be found in the Assia Journal (v. 20: 77-78: p.114) by Rabbi Dr. Mordechai Halperin. He responds to a case of an unmarried young man who had to undergo prolonged cancer irradiation treatment. He obtained a heter to save some undamaged semen before the treatment so it could be used after he gets married. Tragically he did not survive, but his parents found a friend of his willing to surrogate and give them a greatly desired grandchild.
In a related article he also deals with a widow who wishes to have post-mortem sperm retrieval performed on her deceased husband body to be used for her conception. He quotes a teshuva from Horav Z. N. Goldberg Shlit"a (published in Assia 65-66 (1999): 45-49) that in certain instances it may be permitted.
However, they all recommend that in similar everlasting life changing decisions, to wait at least for a period of a year to go by, since emotions do change with time and other opportunities may present themselves.
Horav Yitzcok Berkovits Shlit"a ruled stringently on this matter, adding that there is no mitzvah to create yisomim (orphans) on this world (quoted by Rav Dovid Bartfeld, Director, Torat Hamishpacha).
Horav Shlomo Miller's Shlit"a opinion is similar, he added that counseling the widow to start a new life may in the end be the far better choice.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 9/19/2014 12:22 PM |
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#616 A Mitzva Not for the Birds
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Q. I have heard that doing the mitzvah of shiluach haKen is a segulah for fertility. Do you know where in Toronto I can go to perform the mitzvah?
A. Indeed the Midrash Rabbah (Ki Tetze 6) and Yalkut Shimoni (630) quoted also in Chinuch (545) mention that the reward for performing this mitzvah is: "And you may take the young for yourself" (Devarim 23: 7) or having children. Although guide s'forim for Shiluach Hakan mention the nests of doves or pigeons under highway underpasses (such as the 401) this may prove quite difficult in practice.
You may try using bird feeders to attract doves or pigeons (they have to be kosher birds) to nest on a ledge in your property. (I did hear about one individual who had a nest on top of an A.C. unit and thus was able to comply with this mitzvah)
Igrois Moishe (Y.D. 4: 45) rules that if you have no intention of acquiring the eggs when they are laid and you declare so, your property will not attain them for you against your expressed will.
However Mishne Halochos (16: 104) opines that one must be mafkir or set ownerless the property itself where the nest rests. (See also Minchas Shlomo 2: 100: 6)
Most Poskim maintain that no brocho is recited. (Birchei Yosef Y.D. 292:1 quoting Rishonim. )
Shiluach Hakan (p.11), Tzipor Hasholem (p. 190) and Habonim Tikach (p. 55) mention that Cabalists advice not to observe this mitzvah from Rosh Hashana until after Shmini Atzeres.
Horav Shlomo Miller Shlit"a agreed that you do not have to be mafkir your property. He added that similarly to the limud of kodshim, just by learning the halochos of this mitzvah, it might be considered as if you complied with the mitzvah itself.
Rabbi A Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 9/19/2014 12:14 PM |
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#615 The Ultimate Theft?
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Q. In a case of a divorced couple, can the ex-wife who is still a client at the fertility clinic where they attended IVF treatment, continue the treatment without her ex-husband knowledge or consent?
A. Horav Shlomo Miller's Shlit"a opinion is that it would constitute an act of gezel (stealing) and it is totally prohibited. (Horav Itzchok Berkovits Shlit'a expressed a similar opinion)
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 9/19/2014 12:12 PM |
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#614 Bull-Market for Pruzbul?
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Q. Is there a point to make a Pruzbul at the beginning of the Shmita year?
A. In principle the lender can write a pruzbul and give over his loans to Bais Din at any time he wills, even years before the beginning of the shmitta year. However the pruzbul will only have an effect on loans made before this pruzbul was signed. Poiskim disagree as to when shmittas k'safim or the cancellation of debts instructed by the Torah takes effect. Most maintain that it is only at the end of the shmita year and it is then that the pruzbul should be signed. (Rambam – H. Shmitta 7, Shulchan Aruch C.M. 67: 30, Chinuch 477 et. al.) The Chasam Sofer (C.M. 50) testified that so was his and mentor's minhag. Shaarei Tzedek (21: 9) writes that this was and still is the Yerushalmi tradition and it is the most accepted custom worldwide.
However, the Rosh (Gittin 4: 10) and Tur (C.M. 67) and others maintain that the prohibition to collect loans takes effect already at the beginning of the shmitta year, therefore the pruzbul would have to be written before the end of the sixth year. Nitey Gavriel (Shmitta p. 16 ) quotes Minchas Yitzchok mentioning that the Chasidim of Lubavitch following the opinion of the Shulcham Aruch Horav and the contemporary Rebbe that one should make two puzbulin, one at the end of the sixth year and another one at the end of the shmitta year.
Horav Shlomo Miller's Shlit"a opinion is that one should do the pruzbul as is customary by the end of the shmitta year. Yechidey segulah who feel close to Hashemt could be stringent and do it before the beginning of the seventh year.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 9/12/2014 4:17 PM |
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#613 No Vehicle Stand
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#613 No Vehicle Stand
Q. If you are sitting in the car and you see an elderly person walk by, do you have to stand up for them?
A. A car is considered a separate reshus or domain in regards to Hilchos Shabbos (Mogen Avrohom 266: 7 in regards to a chariot, Aruch Hashulchan ibid., 39 Melochos p.1242: nt. 200) and other matters, therefore being in another domain you are exempt (Mishp'tey Hasholom p.31 notes)
Horav Shlomo Miller's Shlit"a added that honoring someone in the above situation, may not be considered derech kovod, (Kima shyesh bah hidur Y.D. 244: 4) or the proper way to honor the elderly.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 9/12/2014 4:17 PM |
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#612 A Sepulchral Call
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Q. Do you have to go in the day of the shloishim to visit the kever?
A. Although Shulchan Aruch (Y.D. 344: 20) mentions that one should attend the kever on the day of shloshim, he could be referring only to the exceptional leaders of Klal Yisroel. See however Ma'avar Yavok, Nitey Gavriel (Avelus 2: 37; 3) Mourning in Halacha (p.340) and others that it is customary for all to visit the burial cite.
Horav Shlomo Miller's Shlit"a opinion is that, this like many of the halochos of avelus, depend on each family's tradition.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 9/12/2014 4:16 PM |
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#611 Is it All Good?
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Q. What is the correct pronunciation on the goimel brocho, kol toiv or kol tuv. Most people say tuv, but in sidurim it says toiv?
A. Horav Shlomo Miller Shlit"a stated that the sidurim are correct and "toiv" is the right pronunciation.
Dikduk teaches that when the noun Toiv becomes an adjective (shem toar) and qualifies or modifies a noun, it will change to Tuv, for example: "Tuv Eretz Mitzraim" (Bereshis 45: 18) etc., by itself it is read Toiv.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 9/12/2014 4:15 PM |
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#610 Ovel Recites Hagomel?
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Q. Someone who is in shloishim for his father and his wife gave birth does he make sheheheyonu and does he bentch goimel?
A. Shulchan Oruch (O.H. 223: 1) rules that when a son is born one recites Hatov Vehametiv. For a daughter Mishna Berura (ibid.) suggests to recite shehecheyanu. Mogen Avrohom (551: 42) writes that that an ovel is allowed to recite this brocho. Be'er Moshe, (4: 74) Nitey Gavriel (2: 25: 13) and others opine that this includes the shiva period as when fulfilling a pidyon haben mitzva. There are a few exceptions such as the public brocho in shul when lightning the menorah or reading the Megila, since these are subject to a greater degree of simcha and joy. (ibid.)
Some have the minhag to recite hagomel after one's wife gives birth or when the yoledes attends shul for the first time. (Mishna Berura 219: 17) Horav Shlomo Miller's Shlit"a opinion is that there is no restriction for an ovel during shiva to recite hagomel when a minyan is present.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 9/12/2014 4:14 PM |
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#609 What Hashem Won't Do for You
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Q. I recently heard in a Torah tape that Hashem does not create Kedusha or consecrate Himself things only people do and that is why Yeushalaim, Olam Haba, resurrection and Moshiach are not mentioned in the Torah, since they are not inherently holy and would not exist without human consecration. Is that really true? How about Shabbat, Mount Sinai and the Luchos?
A. Horav Shlomo Miller Shlit"a indicated that although kedusha on korbonos and kisvei kodesh (Sefer Torah, Tefilin and Mezuzohs) depends on the action of people and do not become kodosh by themselves, it may not be necessarily true on other instances. He pointed out that permanent kedusha is usually connected and a results from Torah learning. (Nefesh Hachaim, Sha'ar 4 ch. 30)
Meshiv Dovor (2: 80) does indeed sustain the above principle in regards to kisvei kodesh and questions it from kedushas bechor that occurs by itself. However a bechor has to be the property of a Ben Yisroel to become holy, so at some point of the bechor's background the action of a human kinyan must have occurred for it to become kodosh.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 9/12/2014 4:13 PM |
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#608 Proper Rip
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Q. Is the keriah done on the lapel of a jacket a proper rent?
A. Although it is a common tradition to tear only the lapel of a jacket even when mourning for parents, some Poskim maintain that a lapel is not regarded as the "begged" (garment) proper even when used to cover ones neck and chest in cold weather. (Zichron Eliahu quoted in Mourning in Halacha p. 94)
Horav Shlomo Miller's Shlit"a opinion is that on the onset (lekatchila) the rent should go over to the jacket itself, specially when done for parents avelus, when the requirement of "megaleh livo" (uncovering the heart) applies.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 9/12/2014 4:12 PM |
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#607 Ovel Leftover
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Q. Can uneaten, leftover food from a COR supervised restaurant or caterer be taken out of a shiva house (a frum family known in the community) during the week of shiva so that the food will not be thrown out and the food will be donated to needy families?
Thank you,
A. There are different opinions in the Poskim as to taking out objects or food from a shiva house. It is accustomed not to because of the unfavorable spiritual influence (ruach ra'ah) that rests on the location. (Mourning in Halacha p. 179) Some maintain that this applies only if the death occurred in that house. (Ch. R' A. Eiger 37b, Even Yaakov 44: 3, Bais Lechem Yehuda and Mourning in Halacha ibid.) Other Poskim maintain that the tradition of not taking things out of the mourner's house has no basis in Halocho at all. (Yosef Ometz, quoted ibid.)
Horav Shlomo Miller's Shlit"a opinion is that from the onset of the shiva, the avelim should request or put up a sign stating that unused food contributions will be donated to people or institutions in need. Therefore, since that becomes the intention of the donors it is permitted to remove them from the shiva house. If that was not done the food should still be contributed, as ba'al taschis (wasting) is according to many a biblical prohibition.
The Rov Shlit"a also pointed out that once the food products are delivered at the shiva house they may not be anymore under any institutional kashrus supervision and you may be just relying on the ne'emonus and credibility of the house dwellers.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 9/12/2014 4:11 PM |
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#606 Out of the Hands of Babes
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Q. My 9 month old baby likes to stick his hands in my mouth. Should i be worried about ru'ach rah and need to wash his hands in the morning? If not at what age does one need to start to wash children's hands to remove ruach ra'ah?
A. Shulchan Aruch Horav mentions that customarily we are lenient on using food that was touched by children that did not wash netilas yodaim after they wake up. He explains that the reason hands become impure is due to the partial departure of the neshama during sleep, which releases in its wake a spirit of tumah. After the neshama returns the ruach hatuma is contained only on the hands. Since the main and finishing entry of the neshama on the human body is when one reaches the bar or bat mitzvah stage, we are lenient in permitting food touched by children that did not yet reach the previous chinuch phase (usually 6 – 7 years old, however Divrei Sholom {p. 12} cites the age of nine years).
Kaf Hachaim (O.H. 4: 22) expresses a similar opinion. However he quotes the Chida that mentions that even small children should have their hands washed and should not contaminate all things they touch. So is also the opinion of P'ri Megodim (in Mishbetzos Zohov 4: 7) adding that "chamiro sakanto meisuroh" (danger supersedes prohibitions) and he therefore does not understand why many are lenient on washing the hands of small children. (See also Vehaish Mordechai p. 10 who quotes in the name of the Ben Ish Chai and others the many inherent "segulos" and spiritual benefits involved in the early beginning of netilas yodaim, adding that one should wash their hands preferably from the day of the bris milah on. This is quoted in brackets on the Rav's Shulchan Aruch too)
Horav Shlomo Miller's Shlit"a opinion is similar to the Shulchan Aruch Horav quoted above.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 8/29/2014 2:53 PM |
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Important Numbers
