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# 849 Falls Apart?
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Q. Hi,
I am thinking of driving to Niagara Falls USA to get a social security card for our daughter next week Tuesday.
We might stop by the falls while we are there to stretch a bit and rest.
My wife feels this is a violation of the 9 days.
I'd like to go because i have the time and want to get the errand done.
Is my wife being overly frum or am I too lax?
A. Horav Shlomo Miller's Shlit”a opinion is that if you don't engage in touring or other leisure activity and you are only stopping to rest or have a meal there is no reason to prohibit the trip. (Horav D. Pam Shlit”a suggested not to stop by the Falls, being there would be deemed as a leisure activity)
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit”a
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Posted 7/29/2015 10:47 PM |
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# 848 Sponge a Shaile?
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Q. If there is a sponge or a rag lying in the sink, is one permitted to turn on the water on Shabbos, or would this be considered "laundering" the sponge (since it will become soaked with water)?
If this is, indeed, a problem, then what should one do if he needs to wash for bread, etc., and there is no other sink available?
A. Poskim (Pri Megodim – Eshel avrohom 320: 22 et. al.) maintain that a wet sponge is muktza since it is a “keli shemelachto leisur” or a utensil designated for a prohibited purpose on Shabbos. Therefore it can be removed “letzorech mekomo” or if you need the space it occupies. If the sponge is dry, Biur Halacha (320: 17) quotes different opinions and remains in doubt. Some Poskim permit its removal when in need (39 Melochos 2: p. 354)
Horav Shlomo Miller's Shlit”a opinion is that you should not pour any water on it as it could be sheriya or washing, but you should remove it indirectly by using a hanger or a fork, being cautious not to squeeze out any liquid from it.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit'a.
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Posted 7/24/2015 6:30 PM |
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# 847 A Separating Havdala?
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A Separating Havdala?
Q. If a woman can’t fast does her husband say havdala for her during the day, and she drinks the cup?
A. Poskim rule that an ill person who has to eat on Tisha Beav should recite havdala before he eats.(Knesses Hagedola 71, Shaarei Teshuva 556:1) In Regards to women who have to eat Poskim disagree. Some maintain that they may wait to hear it at the end of the fast. (Nitey Gavriel – H. Ben Hametzorim 2; 95; 6, quoting also Orchos Rabenu).
Mishne Halochos (7: 39) maintains that it is better on the onset that the husband should recite havdala for her and give a minor to drink the grape juice.
Horav Shlomo Miller's Shlit”a opinion is that, she should recite havdala for herself.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 7/24/2015 6:18 PM |
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# 846 Meat Me on Shalosh Seudos?
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Q. Is it better to eat meat on this shaleshudes (when Tisha Beav is Sunday) when you don’t do so the whole year?
A. Shulchan Aruch (O.H. 552: 10) rules that when Tisha Beav is a nidche one can eat on all the Shabbos meals meat and drink wine. He can make his Shabbos seudos as extraordinary as the banquets of Shlomo Hamelech in his day. However, Poskim do not mention that one is obligated to do so. On the contrary, Nitey Gavriel (H. Bein Hametzorim 2: 91: 4) quotes some Poskim that maintain that one should eat dairy (Zera Kodesh et. al.)
Horav Shlomo Miller's Shlit”a opinion is that one should eat what is pleasant, with the intention of complying with the mitzvo of Oneg Shabbos. Although one eats also with the aim of preparing for the fast, he should not mention this openly, as it would constitute an act of hachono or proscribed preparation from Shabbos to weekdays.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 7/24/2015 6:08 PM |
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# 845 Home Meal
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Q. If we always eat shaleshudes in shul should we also do it on this Shabbos when it is a nidche or is it better to eat at home?
A. See prior question. Poskim disagree if it is better to eat with company on the Shalosh Seudos meal on Tishaa Beav – nidche. Mogen Avrohom (552: 14) and Aruch Hashulchan (ibid. 12.) opine that it is better to avoid being with company. Other Poskim (Bechor Shor – Taanis 30Shaarei Teshuva 552: 11) maintain that if you eat every Shabbos this seuda in shul, omitting now may be seen as Avelus Befarhesia (explicit mourning that is prohibited on Shabbos.)
Horav Shlomo Miller's Shlit”a opinion is that it is preferable to eat the Third Seuda at home.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 7/24/2015 6:03 PM |
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# 844 Changing Fast Clothes
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Q. Is it worthwhile this year that Motzei Shabbos is Tisha Beav nidche, to make Maariv later and let the people go home to change to weekday clothing?
A. Since when Tisha Beav is Motzei Shabbat you have to stop eating on Shabbos afternoon before the shkia, many shuls daven mincha earlier, either a half an hour after chatzos (astronomical noon) or at a later hour, earlier than in a regular Shabbos. This is to give enough time for people to eat their Shalosh Seudos meal. Since it is the last meal before the fast and people have different needs and wants, it is customary that people eat this meal at home. They stop eating before sunset and wait until the end of Shabbos. After Shabbos ended and they said Hamavdil ben kodesh lechol, they return to shul for maariv wearing already weekday clothing and permissible shoes.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 7/24/2015 5:54 PM |
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# 843 Bearly a Reason for Hagomel Bentching?
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Q. Dear Rav Bartfeld, shlita,
Someone in our kehillah was hiking alone up a mountain out west. As he was walking, he noticed a black bear about 90 meters away from him. Black bears can be deadly, even though they are not as dangerous as grizzlies. The wind was working in the man's favour, so the bear didn't pick up on the scent. He quickly descended the mountain without incident.
The man was petrified, and wanted to bench gomel upon his return to safety. On the one hand, the bear didn't attack him, and fortunately didn't notice him. On the other hand it could have been a dangerous or deadly encounter, chalilah if the wind would have been blowing in the opposite direction. It remains to be seen.
Would this man be obligated to bench gomel? More generally, is gomel something which is subjective: since he felt that he was in danger, he should bench? or is there an absolute line that must be crossed before chazal would mandate hagomel?
A. Horav Shlomo Miller's Shlit”a opinion is that Hagomel should not be recited unless someone was actually in danger and then saved. He further explained that being endangered could be defined as a statistically meaningful probability of being hurt. A situation defined in Halacha as “Miut Hamotzui” a small but significant enough probability to be taken into serious consideration, (some Poskim maintain it is a ten percent probability, but other numbers are also mentioned) The above means, that similar encounters at that distance, wind direction, and species of bears, have resulted in actual injury or trauma, which is clearly not your case.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit”a
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Posted 7/20/2015 11:21 PM |
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# 842 Velo Yi'hye Motor?
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Q. Are you allowed to fix a motorboat (during the Nine Days)?
A. Horav Shlomo Miller’s Shlit’a opinion is that in principle there is no prohibition for a Gentile to fix for you a motorboat that will be used after the Nine Days. However in the spirit of the days, (see prior answers) when possible it should be postponed until after the Nine Days.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 7/19/2015 10:29 PM |
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# 841 Float Your Boat?
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Q. Is it permitted to take (during the Nine Days) a boat ride on the lake without getting wet? Is it permitted if you do it for the children?
A. Poskim advise that during the period of Ben Hametzarim and especially during the Nine Days one should abstain from engaging in activities that involve any danger, since at this time the Mazal of our nation is not auspicious. (Mekor Chaim 551: 14, Peas Hasadeh 1: 10, Teshuvos V'Hanhagos 2:263). See also Piskei Teshuvos 6 p. 68 in regards to avoiding scheduling medical operations in those days and Orchois Rabbenu (2: p. 129) and Vedorashto Vechokarto (O.H. 90) as to traveling during that time.
Horav Shlomo Miller’s Shlit’a opinion is that besides the above reason, during the Nine Days one should maintain a certain decorum and demureness in one’s activities that follows the spirit of mourning for the Beis Hamikdosh. That is also the example to be given to our children.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 7/19/2015 10:27 PM |
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# 840 Stealing Your Mind with Fake Flowers?
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Q. Can you place (during the Nine Days) an outside planter and plant it with artificial flowers? (Is that permitted the whole year, or is it gneivas daas?)
A. Horav Shlomo Miller's Shlit”a opinion is that it should be avoided since it is a decorative activity that brings out joy and delight There is no need for engaging in it during the Nine Days and it is similar to the proscribed “Avurnekei tree of Kings” mentioned in Shulchan Aruch (O.H. 551: 2)
He also maintains that there is no geneivas daas or prohibition of misrepresenting by misleading others when placing artificial flowers in planters since the Talmud and Shulchan Aruch (C.M. 228: 6) state that when people are not misled, but jump to conclusions based on their own mistaken impression, there is no prohibition of geneivas daas. This is similar to someone wearing custom jewellery.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 7/19/2015 10:26 PM |
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# 839 Roll Out the Green Carpet?
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Q. Are you allowed (during the Nine Days) to spread on the deck a carpet made of artificial grass without nailing it?
A. Horav Shlomo Miller's Shlit”a opinion is that it is permitted, however a permanent installation should be avoided.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 7/19/2015 10:23 PM |
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#838 All Hands Off Deck
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Q. Is it permitted to wash the house floor during the nine days? How about the deck outside if dirty?
A. In question 594 on this forum we wrote; Although you may vacuum clean a carpet during the Nine Days, even a Gentile should not wash them. In regards to washing the floors Poskim disagree. Some maintain that it is permitted. (Teshuras Shai 174.) Some permit only for someone who does so every week, (Hisorerus Teshuvo O.H. 339) and some prohibit altogrther. (Meshiv Devorim Y.D. 259, Divrei Sofrim 146.) Nitei Gavriel (Ben Hametzorim 1:29:7) writes that it is accustomed to be stringent, however, for the honor of Shabbos it is permitted.
Horav Shlomo Miller's Shlit”a opinion is that it is permitted in need or when done so every week.
In regards to the deck outside, on question 595 we wrote: Horav Shlomo Miller's Shlit"a opinion is that the Nine Days should be dedicated essentially to the mourning of the Bais Hamikdosh and what we should do to bring about a prompt Geula. Having said that, if there is a need to pressure wash a deck or outside walls (as in a cottage,) it is permitted since it is not included on the laundering prohibition.
(See also question 337 in this forum permitting washing a car during the Nine Days)
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 7/19/2015 10:20 PM |
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# 837 Crazy Cooking
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Q. If the caregiver asks one of the halachic shote patients above to turn on the stove, is that bishul akum for others?
A. Horav Shlomo Miller's Shlit'a opinion is that it is not bishul akum, since the Rabbinical prohibitions on the above apply only when it was actually food cooked by a Gentile. This cannot be worse than food that cooked itself in the heat of the sun, which is permitted. Besides, a shoite can even be under certain conditions, a Shochet.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 7/14/2015 2:42 PM |
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# 836 Sombre Shote
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Q. A patient who is so depressed that becomes irrational, is he a halachic shote at that time?
A. In the expressions of our sages one suffering from depression is named a Baal Moro Shechoro or suffering from Melankolio. Divrei Malkiel (7: 36 ) maintains that he is the classic case mentioned in Talmud (Chagiga 3b) as “the one who sleeps over in a cemetery,” or “walks around at wee hours of the night alone.” However, other Poskim disagree. (Aruch Hashulchan E.H. 121: 13., Piskey Teshuva ibid. ) Some maintain that although there may be an indication of the beginning of the process of becoming a shoiteh, he is still sane. (Responsa Chasam Sofer E. H. 2: 2)
Horav Shlomo Miller’s Shlit”a opinion is that all cases differ and a correct ruling depends on many different factors. He advises to consult a competent Rabbi when necessary.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 7/14/2015 2:39 PM |
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# 835 Did he Find his Mind?
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Q. If he (a patient that has lost most of his memory) regains some memory only from time to time and only then is rational, is he liable on mitzvos when he is well?
A. See prior answer where Horav Shlomo Miller Shlit”a indicated that one who suffers of memory loss, even severe by itself does not qualify as a shoiteh, unless he becomes detached from reality and is incapacitated. Shulchan Aruch (E. H. 121: 3) rules that one who is sometimes healthy mentally and sometimes not, during his periods of sanity he is considered in Halacha capable for everything. Poskim maintain that the above is correct even when at his healthy intervals he still shows some signs of illness. (Beis Yosef E.H. 121 quoting Responsa Rashbo et. al.)
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a.
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Posted 7/14/2015 2:37 PM |
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# 834 Maybe Confused But No Shoiteh
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Q. A few questions concerning elderly patients. A patient that has lost most of his memory but is still rational and understands and can follow a conversation, is that patient considered a shote and is he exempt of mitzvos or can he still make kidush and havdala for someone else?
A. The Talmud (Chagigah 3b-4a)i lists three actions that are characteristic of the disorder: (1) going out unaccompanied at night, (2) sleeping in a cemetery and (3) tearing one’s garments. On 4a the Talmud provides a fourth illustration: (4) a shoiteh loses everything that is given to him. Rashi (ibid.) explains that a shoiteh is exempt from Halachic obligations, exonerated from punishment, and prevented from participating in business transactions.
Rambam (H. Edus 9: 9,) rules that the term shoiteh is not exclusive to one who walks naked, destroys objects, or throws stones. It includes anyone whose mind is confused and whose processes of thought or conduct are adversely affected, even if he is able to communicate and respond properly.
The S'mah (C. M. 35: 10) contends that shotim are granted special treatment in Halacha because they are detached from reality. They suffer from cognitive deficiencies, and consequently, lack a typical awareness about the world around them.
Some Poskim however maintain that the characteristics mentioned in the Talmud are essential to declare someone a shoiteh (Beis Yosef E. H. 121 quoting Maharik, Zichron Yosef E. H. 10, Tzemach Tzedek E.H. 153, Divrei Chaim E. H. 1: 53 and 73 – 85, et. al.)
Igrois Moshe (E.H. 120) rules that the status of shoiteh only applies to the sufferer for the time during which they are in their confused state and only regarding matters in which they are confused. (See also Torah Umaddah 12: 158-178) in regards to the Halacha status of patients who suffer from Alzheimer's disease.)
Horav Shlomo Miller's Shlit”a opinion is that even according to the view of the Rambam, serious memory loss per se, does not qualify someone as a shoiteh, unless he becomes detached from reality and recites kidush on weekdays. But if he knows that it is Shabbos and is able to recite kidush he can do so also for someone else.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 7/14/2015 2:33 PM |
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# 833 No-Name Bracha II
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Re: Question (810) about Mekadeish Shemo Borabim
Q. I pray Nusach Ashkenaz-Minhag Frankfurt where the Nusach for that Bracha is "Mekadeish Es Shimcho Borabim." I have noticed that it is unlike any other Bracha I have encountered. Every other Bracha uses third-person in its concluding Bracha, except for that one. Do you have any explanation for that anomaly?
A. See prior answer in regards to why brochos change from a beginning in second person to a third person end.
Mekadesh Es Shimcho Borabim is not the only exception. S'forim quote another two, namely the end of the thanks giving brocho in the amida; “Hatov Shimcho Ulecha Noe Lehodos” and avoda on Yom Tov, “Sheoscho Levad'cho Beyiro Na'avod.”
Nefesh Chayo, (O.H. 46, Taleley Oros – Tefilos p. 394) explains that these two blessings differ from all others in that they do not contain praise to Hashem and His works, rather they refer to the acts of men and the duties they should perform. These include man thanking Hashem and serving Him with awe, obligations that we concede and acknowledge directly to Him. One may add that giving thanks should be said directly.
Shvocho Shel Aharon (p. 43) mentions the question why is "Mekadeish Es Shimcho Borabim" different. He elucidates providing the background of a medresh that assures that the brochos are to be said only in the present world and not in the world to come, since then they will be needless. The exception is giving thanks that will always be timely. Therefore thanks-giving brochos are said directly to Hashem since then His presence will be manifest and we will address Him directly. That time will obviously correspond as well to "Mekadeish Es Shimcho Borabim."
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 7/14/2015 2:30 PM |
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#832 Talk To Him
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Q. Why when we say a brocho we begin by speaking directly to Hashem, as in Baruch Ata (blessed be You) and when we end the bracha we speak of Hashem in third person, as in Bore Pri Haetz (who created the fruit of the tree)?
A. The better-known reason is given by the Rashbo (Teshuvos 5: 52) who explains that there are two fundamental principles on which all of our beliefs rest. One is the truth of the existence and beingness of Hashem. That knowledge has to be so crystal clear in our minds, as if we would be standing and seeing Hashem in front of us and talking directly to Him. The second basic truth is that no creation of His, will ever be able to fully understand what He really is. His essence will always be for us, the fruits of His creation, hidden in mystery (nistar). Therefore the blessings contain the speech forms that represent those two fundamental beliefs.
Oitzros Habrocho (p. 167) adds another perspective. When one addresses Hashem directly, one should begin to realize to whom he is really speaking. Thus he should become totally overwhelmed with plain fright, deep felt awe, and respect. Those profound emotions would force a response to hide and seek refuge. Therefore we end the brocho in a third person grammatical form.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 7/10/2015 6:55 PM |
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#831 Lip Service?
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Q. I wonder constantly why do we say every day three times a day in the amida in the bracha dedicated to the coming of Mashiach, the words “ki lishuat'cha kivinu kol hayom,” or “since we hope for Your salvation the whole day, and wait” Is that not lying openly to Hashem? How could we be so brazen?
A. Horav Shlomo Miller Shlit”a explained that there are different degrees of consciousness in the mind. At some subliminal level all Jewish souls posses a constant desire for salvation and Bias Hamoshiach.
The Radal (Hagohos on Shir Hashirim Rabbo ch. 7) maintains the correct girsa or wording is Kol Yom, (every day) omitting the letter ה, because of that same concern. However, Talelei Oros (Tefilos p.320) quotes that the Brisker Rov zt”l would interpret the Tefila literally as it is written. The above (ibid.) also quotes Horav Yosef Shoul Natanzon zt'l as explaining that the day in this tefila, refers to the day of Hashem, which is a thousand years.
Other interpretations aver that the tefilos are said in plural since they include the whole nation of Israel. Indeed, when we consider everyone together the statement is true (Rabbi S. Spero). In addition, the word “kivinu” is past tense. Certainly, in the past there were great tzadikim, that could have sincerely said that statement. (R' Avner Milevsky.)
The word “Ki” also has different meanings, adding to “since” the words “if”, “maybe” and “but.” Some of those interpretations may provide an answer.
Horav Yaakov Galinski zt'l (Vehigadto Balak) explains that everyone expects and desires a yeshua, salvation or help, since that is the normal human condition. What exactly that yeshua entitles depends on the individual. For some it may be something quite banal and inconsequential; for others it is indeed the real thing.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 7/7/2015 5:16 PM |
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# 830 Mama Rochel Cry
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Q. Is there relevance for what some say that we should not name our newborn baby girl Rochel?
(need answer urgent)
A. In Shaar HaPsukim (Par. Vayetze) the Arizal writes that the names of the Imahos or foremothers that include the letter ה were destined to have children. The one that did not, namely Rochel, only conceived after she gave her maid-servant Bilha (two letters hey) to Ya'akov, so she could also conceive through her.
Kovetz Beis Hillel (16: p. 71) quotes that the Ohr Letzion (Horav Ben Tzion Abba Shaul zt”l) was once approached by a woman who suffered from severe illness and could not conceive. When she told him that her name was Rochel he advised her to change it to another name. She did and she was healed.
Otzros Chaim (p.144) mentions something similar in regards to Rus and how Neomi was able to find a Tikun for her through Boaz.
Niflois Mitorosecho ( Vayigash: p. 141) mentions that the letter ה stands for Herayon or pregnancy. See also Maharsho (Chidushei Agodos – Sanhedrin 107a on regards to this letter and its connection to having children.
However, Derech Sicha (end of Bereshis) mentions that Horav Chaim Kanievsky Shlit”a was asked if there is significance in not using the name Rochel. To what he replied that it is totally meaningless (he quotes the words of the Arizal above in the name of the Chezkuni) and added that reality proves that many women that are named Rochel have children and are healthy. He also mentions that Rochel, the wife of Rabi Akiva had children (Avos DeRabi Nosson 6) and so obviously did the mother of Romi Bar Rochel.
Horav Shlomo Miller's Shlit”a opinion is similar to Derech Sicha.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a.
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Posted 7/3/2015 5:36 PM |
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Important Numbers
