Q. Does kavanah in tefilah mean having in mind the significance of what you are saying before you say it and while you are saying it, or can you also count as kavanah when the thoughts came to your mind only after you have already said the words?
A. Sh'loh Hakadosh (Tomid, Inyiney Tefiloh, Ner Mitzva 7) and Likutey Mahariach (Seder Hanhogas Tefiloh) write that the intention should be in our mind before we articulate the words and not the reverse, since once the words were recited you cannot fix the past. They add that: a word without kavanah is like a body without neshamah. Ramban (Igeres) and Rokeach (Introduction) also write that before saying the words one should have in mind what he wants to say.
However Piskey Teshuvos (98: 2) quotes the Zohar and Arizal the kavonos that deal with Hashem's name and other Cabalistic meanings should be thought at the time of verbalizing the brocho, not before or after.
Horav Shlomo Miller's Shlit"a opinion is that sometimes after the fact, a kavanah could be immediately realized even after the brocho has been said. This principle you find in Yesod Veshoresh Hoavodah (Sha'ar 4 – Mizrach, p.128) in regards to reciting the Shmah.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. On (question 464) when someone tries to give me a piece of Torah that they have written that Horav Miller said; that he should give it back and say politely that you are unable to read it. Why is that so?
A. If you take it just for the purpose of placing it on the shemos box, you may transgress on a theft prohibition as you took an object that if the giver knew you would immediately discard, he would probably not have given it to you. After all, for the author it has some value, since he may find a more appreciative recipient. Then again, not accepting it because you disregard the value or importance of the document is affronting and offending to the author. There are a number of possible prohibitions involved in causing pain to others. Therefore Horav Shlomo Miller's Shlit"a opinion is that it is best to return it and very politely inform the giver that you are wanting but unable to read it.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. I follow avidly the Shailes that you post on Frum Toronto and the well documented answers you provide. I also greatly appreciate the very learned opinion of a Gadol Hador as Horav Miller shlita.
I have a number of questions that came up on the shailes of the last weeks.
On taking off the talis before the tefilin (question 490), is there an isur in doing so?
A. Alivo Dechilcheso (y. 5768, pub. 17) quoting Horav Chaim Kanievsky Shlit'a (Doleh Umashke) mentions that if someone did remove his taalis before the tefilin, no actual prohibition was done. Horav Shlomo Miller Shlit'a agrees in that it is not a prohibition but nonetheless a halocho to be followed.
On the haskomo witten by Horav B. Siver Shlit'a to Nesivos Hachalocho, he mentions that the ones who have difficulty wearing a taalis in a hot day but want to continue learning after davening with the tefilin on, can rely on the fact that they are still wearing a taalis kotton.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. Can (a grandmother who in avelus during the year) attend a bar mitzvah of a grandson where music will be played (she has greatly helped in making the simcha)?
R. Horav Shlomo Miller's Shlit'a opinion is that she is allowed to attend if she also serves the guest and she contributed significantly to the seudah, as it is seen as her own simcha. However at the time of dancing she should leave.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. A number of questions concerning a teacher in avelus, during the year for a parent.
The students usually send shalach manos to the teacher and sometimes the parents give money gifts. Can the teacher receive them since after all it is part of the chinuch of hakarat hatov? Can she accept them in the name of someone else or tzdaka? Can she give her shalach manos to her students as she does every year? Thank you.
A. An ovel is required to observe the mitzvah of sending shalach manos to others, but others don't send to the ovel (Shulchan Aruch O.H. 696: 6, Y.D. 401: 7). However sending shalach manos to a Rabbi in avelus is permitted since it is considered as a payment for favors received (Divrei Malkiel 5: 236). Some limit the number of shalach manos that an ovel can send to two or three (Teshuvos Maimoni, end of Hilchos Avelus - Ben Ish Chai, Tetzaveh). Others maintain no limit (Mahariv - Nitey Gavriel, Purim 78 10).
Horav Shlomo Miller's Shlit'a opinion is that a teacher can receive shalach manos as hakoras hatov (recognition of her good services) and can return to the students also as an example of chinuch.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. Can you use discarded hockey sticks for schach (daf & olimpics)?
A. Shulchan Aruch (O.H. 629: 2) rules that skewers and the sides of beds cannot be used for schach since they are utensils that can become impure. Mishna Berura (ibid. 5) quotes Magen Avrohom's clarification that these are metal skewers but wooden ones could be used, as the handles of arrows without any indentations can be also utilized for schach (ibid. 3). Mishna Berura also mentions another opinion; we are dealing with skewers that have an iron tip, and that is why they are disqualified.
Chashukei Chemed (Sukka 15a) permits using for schach walking sticks or canes that are used by the blind, since they are not made to lean on them, just to find the right path. These are pshutey kli eitz and are included in what the Talmud (Shabbath 66a) calls a stick of the elderly that is totally pure. He also mentions that police batons could be used for schach on the same grounds. For the same reason a hockey stick could be used for schach.
Horav Shlomo Miller's Shlit"a opinion is that although they may be in principle kosher for schach, they do not provide the proper decoration or adornment motive you would expect and desire for the great kedusha of a suka.
Rabbi A. Bartfeld as Revised by Horav Shlomo Miller Shlit"a
Q. What is the reason we take our teffilin off before our tallis?
A. Poiskim quote the Sha'ar Hakavonos (Tefilin Drush 5) and Sidur Hoarizal, who rule that one should not take off his taalis before the tefilin (Shaarei Teshuvo 25: 25, Kaf Hachaim 28: 9, Soles Belulah 25: 14, Machazik Brocho ibid., Kitzur Shulchan Aruch 12: 20, Yalkut Yosef 8: 5, et. al.). The reason given is that just like when you put them on, the taalis precedes the tefilin, and the tefilin are in their place only together with the taalis, when you take them off, you are careful not to leave the tefilin on without the accompanying taalis.
Horav Shlomo Miller Shlit"a further compared it to the extraction of two Sifrei Torah from the Aron Hakodesh, where the minhag is that the first Sefer is returned last.
Rivavos Efraim (O.H. 24) adds another three reasons; a) Since you have to place in the taalis bag the tefilin inside and the taalis toward the outside, so you will encounter next day the taalis first (O.H. 25), you therefore should take off and place in the bag the tefilin first. b) Since on certain days you have to take off the tefilin before the end of davening as in Rosh Chodesh before mussaf or in Chol Hammoed before Halel (minhag Ashkenaz) and you remain covered only with the taalis, you do so always. c) Poskim write that today many do not wear tefilin more than the time necessary since they require a clean body, a reason that does not apply to the taalis, we therefore take them off first and we leave the taalis on.
Rivavos Efraim further explains that there is a practical difference between the reasons given, and it is relevant to an unmarried shliach tzibur, that dons a taalis only for the honor of the congregation when praying before the amud. Whether he also has to keep the taalis on when he finishes davening until he takes off his tefilin, or he can just leave it by the amud, would depend on the above reasons.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit"a
Q. Why do we celebrate two days of yom tov in chutz la'aretz (and rosh hashana even in Israel) if we now have a set calendar?
A. This is an actual question of the Talmud (Beitzah 4b) "But now that we are well acquainted with the fixing [by the calendar] of the new moon, why do we observe two days? — Because they sent [word] from Eretz Yisroel; Be vigilant on the customs of your ancestors which have come down to you; for it might happen that a government might issue a decree [forbidding Torah learning and we will forget the establishing of the months – Rashi] and it will cause ruin [to our traditions], see also Mishna Berura 496: 1
Meshech Hochmo (Pashas Bo) writes that in the near and close future the Great Sanhedrin of Yerushalaim will be re-established and they will again institute kiddush hachodesh by the testimony of witnesses. If then the new moon was not yet seen by the thirtieth day, even though according to the set calculated calendar it is already Rosh Chodesh, they will postpone it until next day. Therefore even today, we keep two days for the sake of a hopefully prompt new future.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit"a
Q. Dear Rabbi, Is it permissible to buy Israeli bonds as one receive interest from them. Or is it considered good as one is helping the country of Israel.
A. The following appeared on question 390 "Israel Bonds and Ribbis" on this forum:
"Maharshag (Y.D. 50) and Igrois Moishe (Y.D. 2:63) permit lending with interest when dealing with a Jewish owned corporation, since the owners do not carry personal liability and any liens are limited to the corporate assets. Lending to the government of Israel would be similar.
Many Poiskim disagree with the above ruling and consider in reality a corporation not more than a partnership that is obligated to lend without ribbis. (See; Minchas Shlomo 1:25, Minchas Yitzchok 3:1, Ohr Mitzion Y.D. 5, et. al.) However Har Zvi (Y.D. 126) suggests that a Jewish government, since it has no identifiable or defined owners, is indeed different and is similar to Hekdesh."
Many other Poskim provide similar permissions (Horav I.A. Liebes in Bais Avi 117, Bris Yehudo 7: 68, V'chai Achicha Imcha p. 35, Sefer Hashabit 4: 49 et. al.). Horav Shlomo Miller Shlit"a pointed to a similar ruling of the Chavas Daas (Y.D. 168-169: 17: Biurim 33) on regards to the borrowing done by the leaders of a congregation, where there is no borrower or lender.
Poskim addressing this question write that the former Chief Rabbis of Israel instituted a Heter Iska for Israeli banks and bonds (Horav I.A. Liebes in Bais Avi 117, Bris Yehudo 7: 68, V'chai Achicha Imcha p. 35). I remember seeing a copy of this Heter Iska Klali, in the offices of Israel Bonds in Mexico, when recently I requested a copy, the head office forwarded a Teshuvo written by Horav Ben-Zion Meir Hai Uziel Zt'l, that permits buying bonds and seems to be saying that additionally there was a Heter Iska K'lali.
However, some Poskim disagree and would request to add to your Israel Bonds purchase application a Heter Iska condition, pointing out to which one you are referring to. (See Zechor Ymois Olam p.172, quoting the Sattmar Rebbeh Zt"l). Sefer Hashabit (ibid.) who regards buying Israel Bonds a mitzvah, suggests that additionally you can on the onset rescind and forgive your right to the interest given, this constituting an indirect donation.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. If someone has a tzitzis garment that has buttons on the side (looks like a vest but the buttons are on both sides for closing it when it is cold) does the garment become disqualified when buttoned, and it will not revert to kosher when later unbuttoned?
A. Horav Shlomo Miller's Shlit"a opinion is that since buttons or for that matter a zippers, do not constitute "tefira" or sewing for Shabbos purposes, they also don't annul or invalidate the qualification of a garment to be fit for tzitzis. Although it may be better not to use it buttoned, you do comply with the mitzvah at that time.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. If someone wears the same garment day and night, is that okay, or it becomes a night garment that is exempt?
A. According to the opinion of the Rambam (beginning of Hilchos Tzitzis) it matters not what type of garment you wear, as would be a day garment or an article of clothing dedicated for night use, but rather when you wear it. If it is day you comply with the mitzvah of Tzitzis if night you do not. However Rosh's opinion is that it does depend on the type of garment, and a vestment designated for day use would be liable to tzitzis even at night.. Both opinions are mentioned in Shulchan Aruch (O.H. 18: 1) and we follow the stringency of both (Remoh ibid.)
Horav Shlomo Miller's Shlit"a opinion is that a garment worn constantly day and night, is considered a day garment and is liable to tzitzis at night according to the Rosh's opinion. Therefore it would make more sense, for someone who has a tradition of sleeping with a taalis kattan, to wear a tzitzis garment day and night (until it requires laundering), rather than having a dedicated night garment. As in the first case at least you comply with the mitzvah following the Rosh's opinion.
However, since the tzitzis garment was not removed at night, you would not recite a brocho on it in the morning, but rather have it in mind when reciting the brocho for the talis. (Mishna Berura 8: 42)
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. Someone asked me if a garment that has tzitzis ripped, how is it to be repaired? The tzitzis themselves are okay, it is just the garment.
A. If the garment ripped in a way that it would disqualify it, as when it does not meet anymore the minimal requirements of garment size, you would have to remove all the tzitzis, then fix the garment and replace the tzitzis (Shulchan Aruch O.H. 15: 3 and Mishna Berura ibid. 8). For smaller tears you can fix it as is.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. Do you have to make a seuda on Purim Katan on Friday or since it is erev Shabbat it should be made on the night?
A. Remoh (O.H. 677: 1) writes that there is no requirement to do a seudah at all on Purim Kattan, only to add a bit to the regular meal. On Friday this should be done before chatzos.
Mishna Berura (ibid. 4) rules that there is no need to add to the regular meal on Shushan Purim even for the dwellers of a city that celebrates Purim on the 15th.
However, Eliahu Rabbah (ibid. 2) and Hisorerus Teshuva (quoted in Nitey Gavriel – Purim 16: n. 20) maintain that some do celebrate Shushan Purim Kattan. According to this singular opinion, Horav Shlomo Miller Shlit”a suggested that they may celebrate on Sunday.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit'a
Q. A woman that was married to a goy, had children and got divorced, then made teshuva and marries a frum fellow, what do you write in the kesuva?
A. When writing a kesuvah for a woman that has lost her virginity and is not a divorcee or a widow, some Poiskim advise using the appellative "beulta" instead of "besulta" (Bais Shmuel 66: 25 quoting Maharam Mintz) However when reading the kesuvah aloud under the chupa, in order to avoid public embarrassment, some permit omitting the term altogether (Yad Halevy 1: 30) or even reading it as "besulta" instead (Maharsham 7: 152).
Other Poskim prefer the term "plonis" that avoids any connotations (Nachalas Shivo 12; 15, Teshuvos Rav A. Eiger Zt"l 2: 72). Today it is more common to use simply "itssah" (Aramaic for woman, Igrois Moishe E.H. 1: 101, Teshuvos Vehanhogos 1: 659, Melamed Lehoil E.H. 23). If the woman had premarital relations with the man she is now marrying, Igrois Moishe (Orach Chaim 4: 118) permits even writing ‘besulta"
As far as the amount to be cited, it is customary to write two hundred zuzim, since the husband would willingly add that extra sum (Igrois Moishe ibid. and Orach Chaim 4: 118, Teshuvos Vehanhogos ibid.)
However Poiskim rule that one should avoid mentioning that the liability is "mideoraissa" or biblical, being sufficient that the husband accepts a liability for that amount (ibid.)
Teshuvos Vehanhogos (ibid.) explains that the variations mentioned are sufficient to raise a flag and indicate a competent Rabbi to further investigate if this woman is permitted to a Cohen, a detail important in this particular case.
Horav Shlomo Miller's Shlit"a opinion is similar.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. Since we do not fulfill our obligation with a bracha recited over the telephone, why do people answer amen when the sheva brachot under the chupa or at the seuda are said over the microphone? Are the chatan and kalah yotze if they hear the bracha mainly from the loudspeakers?
A. As is mentioned in Talmud (Suka 51b) in regards to the flag signals of the well attended Great Synagogue of Alexandria, we do answer amen even when we did not hear at all the recited brocho, as long as we are aware which brocho is being recited. So rules Igrois Moishe (O.H. 4: 91: 4) in regards to answering amen for a blessing heard via telephone or loudspeaker.
Horav Shlomo Miller's Shlit"a opinion is that under the chupa, where there is a requirement to be yotze with the first two brochos of the Rov, even when the Rov who performs the ceremony is reciting the brochos using a microphone, since he is so close to the Chosson and Kallah and they could hear him clearly anyway, they comply with his blessings, as they do not need the loudspeakers at all.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. If I am giving a glass jar as a gift with food inside should I be toiveling it first or not?
A. Horav Shlomo Miller's Shlit"a opinion is that if the glass jar is used only for the storage of food and not for eating directly from it, it is denominated a k'li oitzer or a storage vessel and does not require tevilah. This is not only true for the giver, who is not using the vessel, but also for the receiver, especially when it is only glass and not a metal vessel. (See also Chelkas Yaakov Y.D. 2: 57, Igrois Moshe Y.D. 2: 40, Tevilas Kelim 4:14)
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
A. The translucent magnetic Magna Tiles have magnets built into them on every side and serve as recreational and educational tools that promote creativity, understanding of geometry, symmetry angles, area and perimeter while playing and building geometric figures.
As far as the prohibition of "boine" or building and by extension "muktze", is concerned they are similar to Lego blocks that many Poiskim permit since they are not intended to bond together and remain attached to each other. The advantage of Lego (and Magna Tiles) is that the blocks can be assembled and dismantled at whim. (Shmiras Shabbos Kehilchoso 16: 18: 53 quoting Horav S.Z. Auerbach zt"l, Yechave Daas 2:55, Tzitz Elezer 13: 30 et. al.)
Horav Shlomo Miller Shlit"a addressed the concern of incurring in the Rabbinical prohibition of "medidah" or measuring (Shulachan Aruch O.H. 323) and the fact that a ruler or measuring tape are "muktze" (Shmiras Shabbos Kehilchoso 29: 43)
However, he compared the use of these educational toys to the use of the Astrolob (a star gazing instrument, possibly a telescope), mentioned in Shulchan Aruch (O.H. 307: 17) that some permit, as Mishna Berura (66) explains; what difference is there if you learn natural science from a book or from an instrument. Although in principle the Magna Tiles are not muktze even for adults, for children that have already reached an age of significant chinuch, the Shabbos hours should be better spent in a more relevant and meaningful spiritual pursuit.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. If the time between olas hashachar and Netz is equal to the time between sh'kiya and tzeis hakochavim, why do people end Shabbos at 72 minutes yet start a ta'anis at 16.1 degrees as 72 minutes which is generally longer that 72 minutes?
A. Although the Talmud (Pesachim 94a) does mention that the time interval from alois hashachar until neitz is four mil, the same amount as from sunset to tzeis, Horav Shlomo Miller Shlit"a pointed out, that in reality these two time periods are not the same. Before alois hashachar all stars can be seen. After alois most stars can still be seen, while for tzeis hakochavim you need three stars only.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. Can you use in Shabbos a sleeping-aid sound machine that produces different rhythms such as the sound of the sea or a forest and is controlled by a timer? How about just white noise?
A. At the end of Eruvin (104a.) Ulah maintains that creating all kinds of noises is prohibited on Shabbos, even the ones that are not musical such as striking a door when using a doorknocker; Rava disagrees and only prohibits musical sounds. Remoh in Shulchan Aruch (O. H. 338: 1) rules that if it's a designated utensil for making noise it is prohibited. The reasons given are, that one may come to repair the instrument and transgress on "make bepatish" (Rambam, H. Sabbos 23: 4); it is uvdo dechol (doing things that do not fit the holiness of the Shabbos spirit) and also avsho milso, (it demeans Shabbos – Remo O.H. 252: 2). This according to many Poskim also applies to electronic devices or appliances that are left on prior to Shabbos or are placed on a timer (Minchas Yitzchok 1: 107, Shniras Shabbos Kechilchoso 42:43: n. 151 in regards to a radio etc.)
However Mishna Berura (ibid. 1) permits placing water on a utensil that drips and creates a pleasant sound, to help a sick person to sleep. Tzitz Eliezer (3: 16: 11) also permits in case of need for the ailing. See Igrois Moishe (O.H. 4: 70) that the forbidden level of noise is when it can be heard in an adjacent room.
Horav Shlomo Miller's Shlit'a opinion is that when needed as an aid for sleeping, it could be left on or placed on a timer if the controls are covered with tape. He suggested that white noise would be Halachakly better.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. I made a shvua without thinking and now I need it to be nullified. What should I do?
I made a shvua saying I wouldn't do something for someone else (not my husband). I said it to make a point. I didn't really mean to make a neder. How can I undo it?
A. Horav Shlomo Miller's Shlit'a opinion is that you have to make an annulment of wows in front of a court of three Rabbis. Please consult with a competent Rabbi as to how to have this process done. He also stressed the great need for carefulness in avoiding nedarim and shevuos.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Important Numbers
