Q. During the Independence Day I saw a religious teenager wearing a kipa, wrap himself with an Israeli flag. Was this permitted, or did he have to put tzitzit on the flag?
A. Biur Halocho (10: 11) quoting Bais Yosef mentions that in regards to the mitzvah of tzitzis the Torah expresses "on the four corners of your garment which you cover yourself" (Devarim 22,12), therefore you are to place tzitzis only on garments that are made for protection from the cold or heat as normal clothing does.
Consequently Poskim exempt from tzitzis covers used when one is at the barber (Piskey Teshuvos ibid. and note 82), Purim disguises and costumes, (ibid., Shevet Hakehosi 4: 4) large towels used at the mikva, even when you are allowed to wear them on a street on Shabbos.(Emek Hateshuvo p. 182.)
Horav Shlomo Miller's Shlit'a opinion is that indeed you do not have to place tzitzis on a flag that you wear as a symbol.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. On the first night of sefirah before counting, a joker asked the fellow next to him what day of the sefirah is it tonight? He answered, also as a joke: I'm not sure but I think it is the first day of the omer, could he still count latter on that night with a bracha?
A. Horav Shlomo Miller Shlit"a pointed out that Poiskim make clear that Sefiras Haomer is an act of counting. As such, by definition, counting has to have a degree of certainty; consequently mentioning, "he is not sure" contravenes the essence of what counting is. See Teshuvas Harashbo (235) and Baal Hamo'or (end of Pesachim). Dvar Avrohom (1: 32) explains with this principle, why there is no "Sfeiko Deyomo" in regards to Sefiras Haomer.
There may be an additional consideration that it is obvious from the answer given, that his intention was not to count as a mitzvah but to answer jokingly. This could be analogous to counting expressly with the intention not to comply with the mitzvah mentioned in Mishna Berura (489: 17).
Horav Shlomo Miller Shlit"a opinion is that he can still count with a brocho.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a.
Q. A woman that became a baalat teshuvah and she has a tattoo that she is planning to remove or change, is it meantime a chatzitzah?
A. Poikim rule that stains that have no substance to them, and they just present a superficial coloration of the skin, such as an iodine or a weak ballpoint stain, on the onset they should be removed when possible. (Har Tzvi Y.D. 163, Pische Zuta 198: 26, Shiurey Shavet Halevy 198: 17, Chut Shani 198: 23, Pischei Halocho 2: 296)
However in regards to tattoos, Horav Shlomo Miller's Shlit'a opinion is that she is permitted to immerse without having them excised, since the stain is under the skin.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit
Q. My doctor has a number of his patients, me included, on a certain diet plan. The designer of this diet is a doctor who has a website to which one can subscribe that will, among other benefits, afford the subscriber to ask questions from the diet doctor about the diet. May all the patients, or a group of them, band together to purchase one subscription and appoint one patient, or the doctor, to field their questions? Or can only one family do so? Or maybe each patient must have their own subscription?
A. Horav Shlomo Miller's Shlit"a opinion is that it depends on the wording of the subscription agreement. If unlimited and unfettered questions are allowed, then within a reasonable margin, it would be permitted.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. A woman that has false nails that are made to last for many months as much as half a year, does she have to remove them before she goes to the mikvah?
A. Pischey Halocho (2: p.293) writes that a woman should not immerse in a mikva if she wears artificial nails, as they are a foreign substance and should be removed prior to the tevila. Furthermore, even natural nails must be completely trimmed before immersion.
However, after the fact if she already went to the mikva, Horav Shlomo Miller's Shlit"a opinion is that in a case of great duress where she may find it difficult to repeat the tevilah, she may rely on the first immersion since the false nails are after all decorative. (See also Pischey Halocho ibid., Chut Shani 198: 23.)
In a case where a woman is in the process of becoming a baalas teshuva and she may not go to the mikva if she is requested to remove her artificial nails a competent Rabbi should be consulted.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. I bought a new suit before Pesach but could not use it then, since it was only shatnez tested after Pesach. Can I wear it for Shabbat during sefirah and say Shehecheyanu?
A. Mishna Berura (493: 2) and Kaf Hachaim (ibid.) rule that if someone came across an item on which normally we recite shehecheyanu, he should recite so during sefira. Other Poiskim however, mention different minhogim and opinions, and maintain that the common tradition is not to recite this brocho; some recommend doing so on Shabbos (Leket hayosher p.97, Dover Meshorim 26.)
Horav Shlomo Miller's Shlit"a opinion is that definitely on Shabbos he is permitted to wear the suit and recite shehecheyanu.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a.
Q. During last Pesach the lights went out for a few hours. Could someone have used then an LED flashlight that was plugged into the electrical outlet to maintain its charge, since there was no electrical power and a turned on flashlight should not be muktze on Yom Tov?
A. Horav Shlomo Miller's Shlit"a opinion is that indeed it would be permitted to use it on Yom Tov, if it turned itself on automatically when the power was cut. However after its use, it should not be plugged back into the outlet even if the power is still off.
The above applies only for Yom Tov. On Shabbos, he recommends to consider the flashlight muktze.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. I live in a condo complex, and my neighbor installed a Motion Detector for their lights. Is it a problem to walk passed the light even if it will go on?
A. Regardless whether the motion detector is of the passive or active kind (infrared, ultrasonic or electromagnetic-field sensitive), when there is no alternative passage to avoid tripping the device, it would be considered an unavoidable act of Shabbos desecration (p'sik reisho) and prohibited (see Igrois Moishe Y.D. 1: 173 – Shmiras Shabbos Kehilchoso 23: n. 146 – 39 Melochos p. 1214.)
The above applies when you desire and derive significant benefit from the light provided (nicho leih). If you do not, as when there is already enough light to walk by and there is no other option, Horav Shlomo Miller's Shlit"a opinion is that it is permitted in a case of great need, for the sake of a mitzvah, and when there is no other option.
Therefore, you may want to provide your own permanent light for Shabbos on that area, to avoid needing and benefiting from your neighbor's light.
A similar psak has been amply quoted in the name of Horav Yosef Shalom Elyashiv's Zt"l. Namely that he ruled, if one is on the way to do a mitzvah, as in going to and from shul, he is permitted to walk past the motion detector light if there is no other way to go. (See Shmiras Shabbos Kehilchoso ibid. and Horav Shmuel Wosner, Tchumin 23 p.277)
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. We learn in Bava Basra (84b) that if a buyer makes a proper kinyan on his purchase and a decision has been reached on the price per unit, the sale is valid, even if no calculation has been done to ascertain how many units are contained in the purchase. That is, the total cost of the sale is still not necessarily clear.
In today's world where a sale may be subject to surcharges and taxes, is a decision regarding unit price sufficient, considering that a buyer might prefer a cheaper deal?
A. Horav Shlomo Miller's Shlit'a opinion is that taxes are standard and surcharges that are to be normally expected should not make a difference if they were not mentioned, the kinyan therefore stands.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. When the father is divorced and does not attend the Bar Mitzva of his son, should he say the bracha of baruch sheptarani in his shul on that day, not in the presence of his son?
A. Yad Yitzchak (3: 303) and Ginzei Yosef (64) maintain that he should not recite, since the brocho implies that he is standing by his son (Onsho Shelazeh).
Sheilas Shlomo (2: 75) debates whether being in the presence of the son is essential or not and recommends that if the father is not there, he should mention Meonsho Shel B'ni, in third person.
Horav Shlomo Miller's Shlit"a opinion is that since we recite this brocho omitting Hashem's name, he can say the brocho when not in the presence of his son.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit"a
Q. If the father doesn't (recite the bracha of baruch sheptarani, since he is non religious) or if he is missing at he Bar Mitzva, should the grand father or the bar mitzvah boy say the bracha?
A. The Magen Avraham (225:5) presents two different elucidations for the brocho of Boruch Sheptorani. The first rationale is that until his Bar Mitzvah the father is responsible for the transgression of his son, since he is in charge of his education and upbringing. After his Bar Mitzvah, the father is no longer liable for punishment on account of his son's failures, as the son takes on his own obligations. Therefore at that time the father thanks Hashem for his release.
On his second interpretation the Magen Avraham quotes the Levush that until now the son was liable to be punished for the misdeeds of his father. After his Bar Mitzvah he becomes an independent being, and is no longer punished on his father's account.
Kol Yaakov asks that according to the second interpretation, the son, rather than the father, should be the one to recite the blessing. Although it is not our custom, indeed the Shach on Pashas Lech Lecha mentions that the son recites the brocho.
Maharsham (8: 33) in regards to an orphan that still has a grandfather, debates whether the elder can recite this blessing since one is compelled to teach Torah to a grandson (Shulchan Aruch Y.D. 245: 3). Then again he is not liable for the mitzvah of Chinuch. He rules that since we omit today the name of Hashem in this brocho, it is correct the grandfather should also recite. A similar opinion is to be found in the commentary Shaarei Rachamim on Shaar Ephraim 4: 24 (See also Teshuvos Vehanhogos O.H. 142)
Horav Shlomo Miller's Shlit"a opinion is that the son should recite the brocho.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit"a
Q. On a Bar Mitzva where the parents are not religious but the son is on his way to become a baal teshuva and is being helped by the people of the shul to make the simcha, does the father recite the bracha of baruch sheptarani?
A. The source for the blessing of Boruch Sheptorani in which a father expresses his gratitude to Hashem for releasing him from the punishment of his son, is found in the Midrash Pashas Toldos.
Remoh (O.H. 225: 2) recommends that this blessing should be recited without mentioning the name of Hashem. The reason, he explains in Darchei Moshe (ibid.), is because this brocho is not mentioned in the Talmud.
Although, Mishna Berura (ibid.8) quotes the dissenting view of Maharil and Biur Hagra that one should include the name of Hashem, it is already an accepted tradition mentioned by many Poskim (Chaye Adam 65: 3, Aruch Hashulchan 225: 4, Kitzur Shulchan Aruch 61: 5 et.al.) to omit the name.
Regardless of whether you mention Hashem's name or not, a non-religious person should not be asked to recite publicly any brocho in shul, since he does not believe the words he is saying.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit"a
Q. I have close by a few shuln with Rabbis who are excellent speakers and I enjoy listening to all of them. If I have a choice of attending the Shabbat Hagadol speech of one Rabbi who speaks mostly on Halacha matters and indicates what the new questions and Halachik issues are and the other Rabbi who generally teaches the meaning of the Yom Tov and why we do the mitzvos and get close to Hashem, which one should I go to?
A. Mishna Berura (429: 2) is quite explicit in directing that the drosho of Sabbos Hagodol should be mainly on practical Halachik topics. Instructing the people on the observance and performance of the mitzvos such as kashering utensils searching for chometz, baking matzos and the rest of the rules of Pesach.
However, Mogen Arohon (ibid. 1), Kaf Hachaim (ibid. 4 and Sidur Yavetz mention also Divrey Musar or ethical and spiritual reflections that bring us closer to Hashem. After all, that is the ultimate purpose of all the effort and work we invest in mitzvos.
Some make a point of beginning the drosho by expounding a Pilpul lecture. So creating joy in Heaven that balances out the dinim or judgment forces awakened by the castigating words of Musar ( Notzar Chesed – Avos 4, quoted in Nitey gavriel (1: 9: 15).
Horav Shlomo Miller's Shlit"a opinion is that an individual should attend the drosho that will help him in what he needs most, as the verse reads: "One's heart knows the bitterness of his soul" (Mishle 14: 10).
He argues that today when so many excellent publications and on-line Halacha sites are available, it may for many indeed be better to attend a drosho that will generate closeness to Hashem.
He quoted the words of the Chofetz Chaim Zt'l, that the aim and purpose of the Rabbanim of generations past was to instruct the people on the ways and observance of mitzvos. Today their main goal is to teach Yiras Shamaim or fear of Heaven.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit"a
Q. I will be arriving erev pesach to the hotel around 11.00 am and will miss the siyum which is earlier, can I ask a friend attending the siyum to contact me at the airport or my car during the siyum so I can hear it by phone. Does that count as being there?
A. On question 198 on this forum namely: If you learned together (a tractate of the Talmud) with a group but now are on vacation somewhere else, can you join (the siyum fleishig banquet during the nine days) via telephone? We answered; Horav Shlomo Miller's Shlit"a ruled that if you learned the whole tractate you can join the siyum via telephone. However, if you did not study, you cannot just dial – a- siyum. Similar opinions are to be found in other Poiskim (Mekadesh Yisroel, Pesach 256, et al.).
Likewise if one learned the Masechta to be finished and is on his way to the siyum he could join via telephone the siyum.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. If there was some garbage bags left out in a private parking lot last year containing disposed food and likely chometz leftovers in them such as pieces of chala, and then this harsh winter came by and a huge mound of snow and ice was piled on top of them and it is still mostly there. Is this considered Chometz Shenofal Olov Mapoles and can be ignored after bitul, or do we have to dig it out? How about if we are in doubt if it was removed or not? What happens if the compacted snow and ice melts during Peasach?
Please see if you can find a kula, thanks
Answering your request for further clarification. Yes the garbage bags are mine and so is the property. It is not rented out but I let a neighboring building pile up their snow on that shady corner. Half the snow is gone today but there is still plenty. It could all be gone during Pesach.
A. Shulchan Aruch (O.H. 433: 8) rules that if a wall collapsed on the chometz even if the resulting heap is less than three tefachim (approximately 30 cm.) if there is danger of being bitten by a poisonous scorpion etc. one is not required to remove the pile, it suffices to annul the chometz. If there were no threat, you would be obliged to dig the chometz out unless the mound is more than three tefachim deep.
Mishna Berura (ibid. 38) quotes two dissenting opinions whether the annulment is only a rabbinical requirement since it was covered by accident and not by his intention and the concern is only that it may become uncovered during Pesach (Rashi, Ran, Nahar Shalom mentions that this is the opinion of most Poskim, Shaar Tzion ibid. 43). Other Poskim maintain that the annulment it is a biblical requisite (Mogen Avrohom ibid.)
Horav Shlomo Miller's Shlit"a opinion is that since temperatures are on the rise you should wait until the day before Erev Pesach to see how much snow and ice are left, it may then already be less than the permitted three tefachim. If the mound is still large, but after considering the weather forecast, there is a reasonable possibility that during Pesach the chometz will become uncovered, you should remove it before Pesach
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. I work as an insurance agent, can I sell on chol hamoed Pesach insurance to businesses that deal with chometz as I'm benefiting and getting commission?
A. Sheorim Hametzuyonim Behalocho (114: 29) maintains that this is similar to owing shares of a company that trades and has chometz in their possession. The fact that the insurer does not have any say and control over the insured property, clearly makes this a case similar to someone accepting responsibility over the chometz of a Gentile that is located on the property of the Gentile and is therefore permitted. (Mishna Berurah 440: 7)
Nevertheless, it is already customary for insurers to include also their business assets and policies on the sale document of chometz. The reason being that some customers may be Jewish and did not themselves sell their chometz. As an act of arvus (mutual responsibility to a fellow Isroel) the insurer includes (whatever ownership he has on them) in his selling of chometz. (Piskey Teshuvos 440: 2: 13)
Chashukei Chemed (Pesochim 5b) debates whether this applies only before Pesach but not during Pesach itself since the insurer is interested in the survival and existence of the chometz and he is now acting on it.
Horav Shlomo Miller Shlit'a pointed out that the insurance agent is not taking any responsibility himself at all, he is just representing a Gentile owned insurance company, therefore he has no direct benefit from the chometz and as long as he does not contravene the halochos of working on Chol Hamoed, he is permitted to sell the insurance.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. The last few years I have included in my chometz sale, the stocks I own from corporations that deal with chometz.
I own some McDonald's shares also and I sell them before Pesach. What about the basar vechalav stock (cheeseburgers), which is prohibited behanoah during the whole year, can I own them?
A. Poskim disagree in regards to owning shares in companies that trade and have possession of chometz products during Pesach. Some are lenient since the chometz goods are out of bounds for shareholders and they can't take possession or sell it if they wanted to. This is akin to accepting responsibility over the chometz of a Gentile that is located on the property of the Gentile and is therefore permitted. (Mishna Berurah 440: 7)
Besides they don't own the warehouses and have no right of access to it (Cheshev Hoefod 1: 82, Maharia Halevy 2: 124, Haelef Lecha Shlomo 238). Some Poskim are stringent and consider this type of partial ownership enough to transgress on the chometz prohibitions (Minchas Yitzchok 3: 1, Moadim Uzmanim 3:269). Today many Rabbonim include shares if owned in their sale document. (Piskey Teshuvos 440: 1)
Horav Shlomo Miller Shlit'a pointed out that there is a general tendency to be lenient in regards to bassar vechalav, since the proscription is less severe. In addition there may not be a prohibition of benefit at all on Tzli or fried meat and milk (see Yalkut Yosef 87 and Noam Halocho p. 31 quoting Maharam Shiff, Chavas Daas and others that there is no Hana'a prohibition). Another reason for leniency is the Rambam opinion that on bassar vechalav of an animal that is a nevelah there is no benefit prohibition (Rambam – Ma'acholos Asuros 9: 7, Lechem Mishma ibid.)
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. (I, B"H became a complete baal teshuva less than a year ago. I'm now learning at a yeshiva in Israel but my parents who are totally not orthodox want me to spend Pesach with the family together and since they are very good to me I can't say no.)
I'm expected to do my share with my siblings and help in the kitchen, serve the food and clear the table, can I do this when the food is not kosher and chametz too?
I'm in dire need for guidance and very thankful for your help.
A. On Pesach you are not allowed to serve or help serve chometz and their products to others. Additionally, Horav Shlomo Miller Shlit"a pointed out that they are also muktzah, although the chometz utensils specially glasses may not be. He advices to compromise with your siblings so that they serve the food and you clean the room or do other permitted work.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. (I, B"H became a complete baal teshuva less than a year ago. I'm now learning at a yeshiva in Israel but my parents who are totally not orthodox want me to spend Pesach with the family together and since they are very good to me I can't say no.)
I came to an understanding with my parents and they are letting me use a small kitchen in the basement that I kashered. I buy my own kosher food and use disposable dishes. But for the Seder, I have to join the family and the food is not kasher lepesach or otherwise. Can I sit with them, place a napkin and eat my own food and recite together their shortened version of the hagadah?
A. Shulcha Aruch (O.H. 440: 3) rules that you are not to seat on Pesach at the same table with one that is eating chometz even if you are using a separate tablecloth. Mishnah Berurah (ibid. 18) explains that although in other prohibitions this may be permitted, chometz in Pesach is different since even a very small amount is forbidden.
The best scenario ideally would be if you could convince your parents to observe a proper kosher seder. Since that may not be possible yet and I presume you are trying to change their attitude to religion by being kind, cooperative and respectful your best bet may be to go along with the following guidance from Horav Shlomo Miller Shlit"a.
Since I presume you are in the Toronto area the shkiah this year at the first seder will be at 8.00 PM. Most likely your parents will make an haalachik unacceptable early seder before Pesach even begins. At that time you can still eat without making kidush. You can eat your own kosher l"pesach food sparingly so you don't satiate, but not matza. You can also recite and sing along with your family their shortened Hagadah English version, explain to them the real meaning of Pesach and finish before shkiah. Then when night falls you can either do your own private seder or better get invited to a proper seder. If you have any problem finding one, please contact us a.s.a.p.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. I, B"H became a complete baal teshuva less than a year ago. I'm now learning at a yeshiva in Israel but my parents who are totally not orthodox want me to spend Pesach with the family together and since they are very good to me I can't say no.
What do I do for bedikath chametz, they don't clean the house and there are chametz products all over the place, do I have to do my room with a bracha?
A. You have to do search your room and belongings on the beginning of the night prior to the Seder, since no one else is doing bedikas chometz in that household. Although a guest who eats all his meals with his host does not have to do his own bedika, (Shulchan Oruch Horav 432: 8) in this particular case since you have your own room and eat your separate meals and no one else is searching for chometz you have to do your own bedika. (See Shevet Halevy 4: 44, Nitey Gavriel I: 20: 5 )
Horav Shlmo Miller's Shlit"a opinion is that you do make a brocho on this bedikah.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Important Numbers
