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# 915 Shaitel Shyster?
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Q. I bought a shaitel by someone with whom I had no previous experience. She told me to come in quickly as she had shaitels on sale for $xxx. until the end of the week. I did go in to look at what she had. She talked me into getting a $x,xxx shaitel as the hair is European and so much better than the $xxx. one. I chose a shaitel, telling her I needed it for every day and wanted it to be easy to maintain etc. I also made sure it would not get frizzy, which she assured me it would not...
... Is there any Halachic recourse for me to get some compensation for this great expense and headache?
Thank you.
A. Horav Shlomo Miller's Shlit'a opinion is that monetary questions of factual cases where two or more parties are involved should be clarified and answered only by a competent Beis Din or preferably a mediator with both sides equally represented and where all sides of the case and arguments can be evenly questioned and explained. The Rov also suggested that before you file a claim in Beis Din, since you are seeking reimbursement and are the party collecting, the onus of proof is on you. You should therefore consider well if you have the necessary evidence to back your claim, and avoid further losses in monies, effort and time.
Behatzlacha.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 10/28/2015 12:43 AM |
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# 914 Always Listen To Your Wife?
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Q. BS"D, Thank you Rabbi Bartfeld. Can I please ask you two more questions, and that will be It. Why did the serpent first approach Eve instead of Adam?
A. Rashi (3: 15) explains “...you came to Eve first only because women are easily enticed, and they know how to entice their husbands.” Interestingly, Be'er Yitzchok (ibid.) remarks, that Adam unlike his wife, ate even without being persuaded.
Another reason amply quoted by Meforshim (Hadeo VeHadibur p. 62 et. al.) is that Chava did not hear directly from Hashem the prohibition of not eating from from the tree, and therefore could be easily persuaded.
Rabbi
A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 10/23/2015 3:26 PM |
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# 913 You Can't Have It Both Ways
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Q. If Adam was born both male and female, why couldn't he reproduce himself?
Thank you. Have a nice Rosh Chodesh Cheshvan and have a nice day.
A. Actually, Orach Chaim (2: 18) mentions that they (he uses plural) could reproduce at the stage when (Adam and Eve) were united in one body, since it was then that Hashem gave them the mitzva of P'ru Urbu.
Similarly, Magid Mishna (Ungvarer Rov – p. Tazria) writes that at the original stage, he could multiply by himself (uses singular) without the need of a woman. Interestingly, he debates which part was created first and argues that the feminine side was as Adam was the last of Creation.
Horav Shlomo Miller Shlit'a pointed out to Beis Aharon (K'lolei Hashas p. 383) who quotes the Medresh Rabba (Bereshis 8) that Adam was originally created as an androgyny. Beis Aharon questions how could he then reproduce (there is a widely quoted opinion in Talmud {Yebamot 81a} that androgyny cannot procreate,) he explains in the name of Yofe Toar that Adam was different since he was created as two bodies united. Ramban (ibid.) offers two explanations depending if Adam could at that stage procreate or no.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 10/23/2015 3:23 PM |
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# 912 Shema Shaila
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Q. If you are davening with a minyan, but are behind the chazan, (you came late or the chazan is too fast), when would you say or not say "Kel Melech Neeman" in Shema?
If you start Shema before he ends? You are saying birchas Kriyas Shema and hear him finish, then you start Shema? Still before Borchu? Is there a cut off?
A. Remoh (O.H. 61: 3) mentions that they are 245 words in the three parshios of shema, and 248 members in the human body. In order to complete the words to match 248, the shaliach tzibur repeats “Hashem E' Emes” at the end. Remoh adds that when one prays without a minyan and won't hear these three words, he may add Kel Melech Ne'eman at the beginning.
Horav Shlomo Miller's Shlit”a opinion is that from the above it stands to reason that the three words added by the prayer leader, will have effect only when the late coming reader is already engaged in reading the shema and listens to them. Otherwise he may add Kel Melech Ne'eman at the beginning of his reading.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 10/22/2015 10:06 PM |
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# 911 Mixed Up?
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Q. We have a hand blender that we haven't used in several years. we think it is meat but can't quite remember, possibly is dairy.
The top half is a motor, bottom comes off for washing, and made of a plastic body and steel blade.
what is the status?
A. Horav Shlomo Miller's Shlit”a opinion is that since the hand blender was likely used cold and such long time has already passed, the descending metal blade can be kashered and the blender used. From the shaile it seems to be that it was most likely used for meat, so that should be the recommended use.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 10/22/2015 10:01 PM |
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#910 Bad Entrance
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Q. There are two entrances to my shul. The back entrance is through a lane-way behind a plaza of retail stores. Behind each store, there are large bins with rotting food and other garbage. I avoid going in this way since it doesn't seem right to enter the King's palace through this smelly mess. On the other hand going in the front entrance means going through the plaza with its noisy throngs of people, a very smoky and smelly outdoor grill and other treif food places. On Shabbos I don't know which entrance is preferable - the noisy unshabbosdik way or the grungy but quiet way.
A. Horav Shlomo Miller's Shlit”a opinion is that the overruling concern should be which entrance avoids immodest or untzenius encounters especially during summer days.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 10/20/2015 11:36 PM |
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# 909 Some Mabul Now?
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Q. I heard mentioned in Rav Shlomo Miller’s name that the reason we suffer from earth warming and severe climate changes is due to the corruptness and immorality of today’s society just like in the generation of the Mavul. Is that correct?
A. Horav Shlomo Miller Shlit'a opinion is that it is may be a likely possibility, but there could be also other contributing factors.
Rabbi
A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 10/20/2015 11:13 PM |
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# 908 New Best Version of Windows
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Q. On answer 900 you write that the different opinions on the dimension of a tefach are 11cm, 10.16cm, 10cm, 9cm and 8cm I distinctly remember seeing somewhere that there is an opinion that a tefach is less than 8cm. Is that true?
A. Although most Poskim set the shiur tefach according to Rav Chaim Noeh zt”l to 8.cm. There are indeed opinions that maintain the amount is less that 8.cm. (or even slightly more.) Simchas Yisroel (4: n. 247) quotes the shiur to be 7.84cm while Chazon Ish shiur varies between 9.82 and 9.42 cm., depending if the tefach has the fingers in a “sochakos” or loosely closed position or if we are dealing with fingers “atzuvos” or tightly held together. Midos Veshiurei Torah (5: 18) and Taharas Cohanim (p.5) quote an opinion of only 7.6cm. According to these opinions windows that are 55cm. wide would meet the seven tefachim minimum requirement.
However, Horav Shlomo Miller's Shlit'a opinion is not to rely on the onset on such lenient opinions, when you can easily open two windows and have a complete shiur according to all.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 10/19/2015 5:42 PM |
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# 907 Fragrance Forever?
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Q. Is there a problem of Sheviis with hadassim – can I use them for besomim in havdolah?
A. Sefer Hashmitta (from HagrI”M Tikotinsky zt:l, 7: 4: 6) mentions that hadasim like the lulav and arovos, do not acquire the holiness of sheviis, since they are mainly planted with the intention of being used for their mitzvah, therefore they could also be used for smelling purposes. He also quotes a similar opinion from Tzitz Hakodesh (1: 15) in the name of Maharil Diskin. Nesiv Hashmita quotes an analogous view in the name of the Chazon Ish. Although Chut Hashani maintains that the minhag of people is to be lenient, some are machmir. Yalkut Yosef (Mitzvos Hatluyos Ba'aretz p.444) quotes dissenting opinions at to what the opinion of the Chazon Ish is. and also quotes some Poskim that are stringent.
Horav Shlomo Miller’s Shlit”a opinion is to be lenient.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 10/19/2015 5:38 PM |
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# 906 The Drosho Better be Good
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Q. If a Seudas Bar Mitzva is done on Motzei Shabbos a week after the bochur's birthday (he was born bein hashmoshos, so it could not be done on the prior Shabbos) is it still considered a Seudas Mitzva?
A. Mogen Avrohom (O. H. 225), rules that it is a mitzvah for a father to make a seuda on the day his son becomes Bar Mitzva, as on the day he enters the Chupah.
Mishna Berura (ibid. 8) explains, that the reason for the seuda is; that now his son has become an Ish Yisroel who is obliged in keeping the mitzvos of the Torah. Shaar Hatzion (ibid. 9) quoting Eliahu Rabba, points out as the source for this Halacha, the known Yam Shel Shlomo in Bava Kama (37).
The Maharshal there mentions that there is no greater seudas mitzvah, than the one we make for a Bar Mitzva, since we celebrate and praise Hashem for the opportunity of the former kattan, to now comply with the mitzvohs as a Metzuveh Veo-se, or one that is required to do them. And we know that godol hametzuve ve-ose mimi she-ayno metzuve ve-ose. Responsa Maharam Brisk (2: 68) mentions that the prime time for this seuda is on the day he becomes Bar Mitzva. The reason some wait until Shabbos is that that is when people are more likely to attend. Piskey Teshuvo (Y.D. 217: 16) quoting Chavos Yoir avers that up to three days after the bo vayom it is still considered a seudas mitzva since the affects and impact are still present. This being similar to the Takonas Ezra of reading the Torah on Monday and Thursday so three days will not elapse without Torah or the three days given after Shabbos for reciting Havdala. Divrei Malkiel (1: 3) asserts that once tefilin have already been donned, there is no more point on making a seudas mitzva unless a drosho is said. Nitey Gavriel (Bar Mitzva 16 n. 2) mentions that it is already customary to wait until Shabbos.
Horav Shlomo Miller's Shlit'a opinion is that even on the second Shabbos if the Bar Mitzva bochur says a drosho it is considered still a seudas mitzva.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 10/18/2015 7:09 PM |
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# 905 Dog-Gone?
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Q. I was attending a neighbourhood Simchas Bais Hashoeva and a neighbor walked in in the sukkah with his friendly, well behaved but rather large family dog, that did not seem to bother anyone and trilled the children. Is it correct to bring in a dog to a sukkah?
A. On question 861 on this forum, in regards to a seeing eye dog to go up the bimah when the blind owner is given an aliyah, we mentioned the following; Igrois Moshe (O.H. 1: 45) permits the attendance of a seeing eye dog to shul when needed. Sha'are Halacha Uminchag (p.204) further asserts that from the fact that the Talmud (Yuma 21b) describes the heavenly fire resting in the altar as taking the form of a dog, it would seem that there is no unsuitable connotation in a dog's presence, other Poskim disagree.
However. Chelkas Ya'akov (O.H. 34) differs with the Igrois Moshe leniency, since the presence of the dog may cause levity and frivolous distractions especially among the youngsters. He also argues about safety, two concerns that may not seem valid today in many shuln. Yalkut Yosef (150: 25) quoting Horav Ovadia Yosef zt”l is also stringent since the dog could easily be placed outside, and the blind be helped by the other attendants to the shul. (See Hatefila Vehilchateha p. 170)
Horav Shlomo Miller's Shlit”a opinion is that if it is possible for someone to help the blind man up the bimah it is preferable. The most important issue is to avoid this becoming a source of machlokes and conflict.
In general, we find conflicting attitudes in regards to dogs in our tradition. Megaleh Amukos points out that the gimatria of “kelev ra'a” or bad dog is 322 same as Baal Tzefon, while the numerical value of “kelev tov” or good dog equals Eliahu. This alludes to the aphorism (Bava Kama 60b) if the dogs yowl, the Angel of Death is entering the city, if they revel, Eliahu Hanovi is coming. Rosh Simchosi (Vaero p. 462) quotes Mekubalim that maintain it is the “k’lavim dik’dusha” who sing shira and on whom the pasuk (Shemos 11: 7) says “And to the Bnei Yisroel no dog will.” Yet, he also quotes the saying that the one who speaks lashon hora’a will reincarnate in a dog (see P’sachim 116a.) We also find that the mechir kelev or monies obtained from a dog’s sale cannot be used for the purchase of a korban and are comparable to the wages of a harlot. The dog was punished because he was in the group of the three who continued cohabitation on Noach’s Teva (Sanhedrin 108b.) Then again Divrei Yosher (Sanhedrin p. 101} quotes the saying that “kelev” stands for “kulo lev,” he is all heart and totally bonds with his master to become man’s best friend. There is also an old Yidish adage that if a Yid owns a dog, either the dog is not a dog or the Yid is not a Yid.
Horav Shlomo Miller’s Shlit”a opinion is that in principle if one owns a dog that freely and constantly roams around his house, he would be allowed to be in the suka too, as this complies with “teshvu ke’in toduru,” dwell in you suka, as you would in your house. However, it is commendable to create and maintain a higher spirit of kedusha in the suka than in the house. On entering someone else suka with a dog, he should ask permission first. As in previous question; the most important issue is to avoid this becoming a source of machlokes and conflict or for the ba’al habbais to publicly embarrass his guest.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 10/16/2015 5:13 PM |
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# 903 No Mitzva, But Someone Has To Take It Down
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Q. Is removing, taking care and storing the suka properly, so it will in good condition and ready for the next year, considered already as the mitzva of building a suka? (For the purpose of osek bemitzva patur min hamitzva or zrizim makdimin and doing the mitzva promptly.)
A. Shulchan Aruch (O.H. 641: 1) rules that one does not recite a brocho when building a suka, since the mitzva comes to completion only when one sits in it (Mishna Berura ibid.1.) Poskim deduce from the above, that there is indeed a mitzva in erecting a suka. However. Biur Halocho (ibid 1) maintains that it is only when this is done within thirty days before the Yom Tov.
Horav Shlomo Miller's Shlit'a opinion is that disassembling and storing the suka parts is not a mitzva for the purpose of “osek bemitzva or zerizin makdimin”
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 10/16/2015 4:04 PM |
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# 902 Step On It?
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Q. How small do the pieces of remaining pine schach or hoshanos leafs that fell on the floor have to be to be considered batel or not important, so it is permitted to step on them? (Pine schach especially on the outside is hard to completely remove from the ground where people walk).
A. Shulchan Aruch (O.H. 664: 8 and 21:1 and Shaarei Tzion ibid. 20) warn on not stepping on leftover leafs of Hoshanos or threads of tzitzis.
Horav Shlomo Miller's Shlit'a opinion is that if the pine needles or the leafs are no more distinctly recognizable as such, as when they dried or the particles are small, they loose the status of tashmishei mitzva or objects used for that purpose. Otherwise one should indeed be careful to sweep, remove and correctly dispose of these mitzva remnants.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a.
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Posted 10/16/2015 4:03 PM |
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# 901 In the Beginning Questions Were Created
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Q. BS"D, Hello Rabbi Bartfeld, my question is why didn't Adam punish and chastise Cain for
slaying Abel? Usually it's the parents that mete out punishment. And also, why did Adam
and Eve wait 130 years to have Seth? Thank you. Have a nice day and Shabbat Shalom.
A. In this particular first case, since Hashem directly and immediately punished Cain, Adam's chastising was likely unnecessary. Further, Adam, as can be gleaned from various medroshim, was deeply in mourning and in sorrow for having committed the sin that expelled mankind from Gan Eden and brought death to all in this world. Adam's unrighteousness was far greater, more critical and everlasting than Cain's. How would he then have the moral strength to rebuke Cain.
Rashi mentions (Bereshis 4: 25, 5: 3) that Adam separated himself from his wife, due to his deep feelings of guilt as mentioned above. It was only after Lemech intervened that he rejoined Chava and that happened after 130 years.
Rabbi A. Bartfeld
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Posted 10/9/2015 9:07 PM |
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# 900 Best Version of Windows?
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Q. My sukka is indoors and it is covered by a number of horizontal windows that open each individually.
The size of the opening of each window is 55cm. by 2 meters (the beam structure separating the widows is 25cm.) Do I have to open at least two windows to have a shiur sukka, or is it enough with one?
A. There are different opinions as how large is the shiur of a tefach. Some Poskim maintain that a tefach is 11 cm. (Levushei Mordechai Y.D. 1: 152, quoting Chasam Sofer.) Many consider that a tefach is 10 cm. (Darkey Teshuvo Y.D. 53: 34, Beis Yisroel p. 156, T'nubois Boruch p. 42, Taharas Yom Tov - Brochos 22, et. al.). Igrois Moishe (O.H. 1: 136) opines that it is 9 cm. However, Shiurei Torah (3: 25) by Rav Chaim Noeh, Darkey Teshuvo (Y.D. 53: 34 ) and others, reckon that a tefach is 8.cm. While Chazon Ish is said to have regarded a tefach as being 10.16 cm. (Shiurin Shel Torah p. 3)
Horav Shlomo Miller's opinion is that the minimum size for a suka, held to be as seven by seven tefachim, means in the shape of a square, where each side is at least seven tefachim, not the total area as would be in a rectangle, similar to the window in your question. Therefore, the width of the window being only 55 cm. does not meet any of the above shiurin and you would have to open at least two windows. The Rov Shlit"a added that inside house sukos may have other issues in regards to the mechitzos, and should be inspected by a competent Rabbi.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a.
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Posted 10/4/2015 4:58 PM |
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# 899 Deliver us From Deliveries
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Q. I ordered last week from Amazon.com an item and they emailed me that the delivery will be on Monday. I forgot then that this is the first day of Yom Tov. Taking in account that the item by now on motze Shabbos is already in the way and some type of activity will be done anyway on Yom Tov, do I have to cancel the delivery?
A. Horav Shlomo Miller's Shlit”a opinion is that in need you don't have to cancel the order since it is likely that the item will be already within the techum or permitted area of the city at the onset of Yom Tov.
The melocho done then on Yom Tov by the Gentile will be only transporting the item in his van, something he does anyway for other deliveries on the area. The fact that there are a number of non-Jews involved, one instructing the next one, may not by itself constitute a mitigating factor of “amirah l'amira,” since all them work for one company and they may be considered as one single individual.
However, there is also an issue of “ma'aris ayin” or what people may say when they see a delivery van at your house on Yom Tov. Therefore, if possible, one should cancel the delivery. (You may ask if they deliver to your Post Office, where you may claim it later.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 10/4/2015 4:34 PM |
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# 898 Raising the Roof?
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Q. If a Goy builds my suka and also puts the schach as instructed by me. Do I have to lift the schach a tefach or 3 to make it kosher lechatchila?
A. Shulchan Aruch (O.H. 635: 1) permits a Suka that was made by a Gentile as long as the intention of placing the covering schach was for providing protective shade. However, Poskim write that on the onset a Gentile should not build the Suka, if it can be avoided. (Piskey Teshuvos ibid. quoting Hochmas Shlomo, Mishna Berura, Kaf Hachaim and others who maintain that we should lechatchila be concerned with Rabenu Tam's opinion on Gittin 45b.) Sdei Chemed (Ma'areches Suka 2: 3)writes that one should be more stringent on the schach than on the walls.See also Nitey Gavriel (Sukos 25 n. 9) who quotes a number of Poskim that a brocho should not be recited on such a Suka, if the schach was not raised.
Horav Shlomo Miller's Shlit”a opinion is that you don't have to lift the schach once it has been placed on the Suka by a Gentile following your instructions.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a.
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Posted 10/4/2015 4:15 PM |
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# 897 Global Working
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Q. Our Currency Exchange company employs an Israeli resident living in Israel. Can he on the second day Yom Tov contact our non-Jewish clients in Canada? If yes, is he also allowed to contact them when Yom Tov has ended in his location, but here it still the first day Yom Tov?
A. Horav Shlomo Miller's Shlit'a opinion is that it would depend how that worker is being remunerated for his work. If he is paid a salary, he is then working for the Jewish company and his work is being done on Yom Tov as an agent in their behalf. (This being similar to the prohibited Gentile's work done for an Yisroel (See Shulchan Aruch O.H. 244.) However, if he works for commission, it would be permitted since he is basically working for himself.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit'a
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Posted 10/2/2015 3:58 PM |
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# 896 Fast Decorating Tips
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Q. If I already have some schach on top of the suka, but not all of it has been placed, can I already start hanging decorations that are not kosher for schach (plastic flowers and paper chains)
A. Horav Shlomo Miller's Shlit'a opinion is that the decorations have to be positioned only after the schach is already in place, since they become “batel” or annulled to the existing schach and therefore one is permitted to sit under them.
He pointed out that once you have schach enough to make the Suka kosher, even if some areas are not properly covered yet, you can already place the decorations on all areas.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a.
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Posted 10/1/2015 4:04 PM |
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# 895 Pop-Up Shaileh
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Q. If you travel Chol-Hamoed and take with you a pop-up suka, that has a floor area of about one square meter, can two or more people stand there or sit on stools at the same time and eat?
A. Horav Shlomo Miller's Shlit'a opinion is that once a suka has the proper minimum size of seven by seven tefachim (70cm. By 70cm.) it is kosher and as many people that are able to seat inside with some comfort are permitted to do so. He mentioned that you need a small space for a minimal small seat, box or similar (about 10 sq. cm.,) that can serve as a table.
See also question 373 on this forum quoted bellow
A. Shaarei Tzion (634: 7) permits one to eat in the Suka from hand to mouth without the benefit of a table. However he seems to contradict his ruling in Mishna Berura (640: 27) that one should leave the table in the Suka when sleeping (Suka Kehichoso 9: 6 and Shone Halochos 640: 5, see also Moadim Uzmanim 1: 87 that disagrees that one must leave the table in the Suka when sleeping at night).
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a.
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Posted 10/1/2015 3:46 PM |
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Important Numbers
