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Have a question? Send it in! Questions are answered by Rabbi Bartfeld.

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#479 From Alois to Neitz and From Sh'kiah to Tzeis
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


Posted 2/14/2014 12:35 AM | Tell a Friend | Ask The Rabbi | Comments (0)


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#478 Can't Sleep, Can I Use a Sound Machine on Shabbos?
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


Posted 2/7/2014 1:03 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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#477 I Made a Shvua Without Thinking, What Should I Do?
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


Posted 2/7/2014 1:00 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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#476 Which Elevator is Shabbos Friendly?
Q. In preparation for a hotel that I will be attending Shabbos/Yom Tov, I have looked in to the situation of a Shabbos elevator as the hotel is 6 floors high and have a couple of questions. The elevator will be preprogrammed and stop automatically at every floor. The questions are 1) is it permissible for a healthy person or is it only allowed for sick and elderly people? And 2) I have " heard " that even when it is permitted, it is only when it is a hydraulic elevator. Is this correct? in my situation I have been told by the manager and I quote "the elevator is pulled by a large motor on the roof attached to cables and pulleys." Would this be permissible?

A. The fact that an elevator has been programmed to stop in all floors during Shabbos does not necessarily imply that you can use it. You also have to be concerned with the light, motion and weight sensors that could be triggered when one enters or even approaches the elevator. All these would have to be disconnected before Shabbos.
Hydraulic elevators are seldom used today in buildings that have more that one or two floors, Horav Shlomo Miller's Shlit"a opinion is that the Halacha issues in them are similar to the common cable elevators.

Even when a elevator has been approved for Shabbos use, many Poskim maintain that, as you mentioned it is only for the sick and infirm (Igrois Moishe O.H. 4: 84 and 2: 95, Minchas Yitzchok 3: 60, Shmiras Shabbos Kehilchoso 23: 49-50: n. 138: 139, and in length; Maaliyot B'Shabbat From Rav Levy Yitzchok Halperin Shlit"a, et.al, see also the psak, signed by Horabbonim Nissim Karelitz, Chaim Kanievsky, and Shmuel Halevy Wosner, Shlit'a published in Yated on Elul 2009)

Horav Miller mentioned as an example of the misconceptions and complexity of today's machinery, that frequently there is more of a Halachik problem descending on an elevator than going up. In many elevators the counter-weight is equal to the weight of the cab plus almost half of its rated cab weight (the maximum number of passengers). In such an elevator, when a single person enters an empty elevator and wishes to ascend, no assistance from the motor is needed. Assistance is needed, however, to descend.
Not all elevators are created equal and technology changes rapidly these days, therefore Horav Miller Shlit'a advises to have a competent neighboring Rov inspect the intended elevator and rule on it.

Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a


Posted 2/7/2014 12:57 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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#475 Paying Tuition with Maaser Money
Q. Am I allowed to give my maaser money to my parents so that they can use it for my tuition? Thank you

A. See Shulchan Aruch and Remoh (C.M. 207: 2 and Nesivos Hamishpot ibid. 2)) in regards to whom do the wages of a working girl, still at home and supported by the father, belong. Assuming the most likely scenario that the father willingly gives away his rights to those wages to his daughter, Horav Shlomo Miller Shlit'a suggest that when the father could afford to pay the tuition, it is best for the daughter to donate the maser monies directly to the institution and request from them if they would kindly and benevolently, from their own free will, deduct that amount from her tuition or agree that they would accept monies that were raised on their behalf as tuition.

The reason being is that you cannot use maser money for payments you are already obligated to compensate, as the Chofetz Chaim in Ahavas Chessed (Ch. 19) writes because "it is like paying one's own debts from maaser funds". Although girls schooling and tuition was in former years seen as optional since in Halacha there is no inherent parental obligation to educate girls in a school, that is not the case today (Igrois Moishe Y.D. 2: 113), therefore giving your maser money to your parents may not be of help as they can not use it for paying your tuition (assuming they are able to pay tuition).

Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a


Posted 2/7/2014 12:54 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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#474 Why Read Parshas Tetzaveh Now?
Q. If we celebrate zain Adar, the yortzait of Moshe Rabenu on the second Adar, why do we read parshas Tetzave, where his name is omitted on the first Adar?

A. Remoh (O.H. 568: 7) quoting Maharil and Mahari Mintz, rules that in regards to a common yortzait, the custom is to fast on the first Adar. However, Bais Yisroel (92) maintains that the yortzait of Moshe Rabeinu is observed on the second Adar. His reasoning is based on Talmud (Meggila 13b) that relates the miracle of Purim to the yortzait of Moshe Rabeinu and since Purim is celebrated on the second Adar so is his yortzait. Hilchos K'tanos (2: 173) also maintains that it is kept on the second Adar since our sages teach that, Hashem fulfills the years of the just until the last day (Rosh Hashana 11a), if the year he past away was a leap year, it would have occurred on the second Adar. (See also Yaaros D'vash 2 p. 140 and Shilas Yavetz 1: 117))

Horav Shlomo Miller Shlit'a pointed out, that although it is custom for the chevra kadisha societies to fast and commemorate their traditional seudah on the seventh day of second Adar, Mishna Berura (580; 15) mentions that the fasting for Moshe Rabeinu's yortzait is on the first Adar.

Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a


Posted 2/7/2014 12:52 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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#473 Where Is the Joy?
Q. Two questions Re- your answer on simcha begins on the first Adar. When you say that on Adar you increase simcha what does that mean, if you don't have a court case and you anyway say tachanun so where is the simcha reflected?

A. The Talmud (Taanis 29a) mentions; just like when the month of Av arrives, we decrease in joy, so when the month of Adar begins we increase in joy. Shulchan Aruch omits the Adar part of this statement, however Mishna Berura (686: 18) and other Poiskim do mention it. It is also a common minhag and tradition cited in luchos and often posted on signs in shul and at home. Nimukey Orach Chaim (ibid.) and Nittey Gavriel (Purim 11: 3) instruct that each individual should augment his joy by engaging in the activities that bring him happiness. It is known that Rav Chaim Shmuelevitz Zt"l would increase his time of Torah learning during the month of Adar, as this was his way of increasing joy.

Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a


Posted 2/7/2014 12:46 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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#472 When Do the Happy Times of Adar Begin?
Q. I have an important court case against an insurance company in 2 weeks, which would be in the first month of Adar. Is it better to postpone it to the second month of Adar?

A. The Mishna (Meggilah 6b) teaches that besides the reading of the Meggilah and the gifts for the poor, there is no difference between the first and second Adar. Chasam Sofer (O.H. 167) also implies, that besides the exceptions he cites, both months are equal. Kedushas Levy (Ki Tissah) mentions that following the Tur's (O.H. 417) opinion that the Twelve Tribes are represented in the twelve months, the month of Adar stands for Yosef's tribe. Since Yosef was given the primogeniture, both his sons Ephraim and Menashe are represented and hence the two equal months of Adar. Nitey Gavriel (Purim 11: 2) in relation to the increase of Simcha and joy inherent in Adar, quotes Rav Tzadok Hacohen zt"l (Likutey Mamorim 16) and Sfas Emes that maintain that the simcha of Adar begins with the first month.

Not all Poskim agree. Sheilas Yaavetz (2: 88) and Teshuvo Meahavo (2: 301) quoting Rashi (Taanis 29a) mention that it applies only to the Adar close to Nisan.

Horav Shlomo Miller Shlit"a pointed out that the Chezkuni on the posuk: Moshe said to Yehoshua, choose men for us, and go out and fight against Amalek (Shemos 17: 9), explains that the chosen men were all born on the second month of Adar, a month that lacks its own mazal or astral representation. As such they became eligible because the Amaleky witchcraft could not harm them.

Horav Shlomo Miller's Shlit"a opinion is that the court case does not have to be delayed to the second month of Adar.

Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a


Posted 2/4/2014 3:14 PM | Tell a Friend | Ask The Rabbi | Comments (1)


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#471 Erasing brochos from an MP3
Q. What is Horav Shlomo Miller's Shlit"a opinion in regards to erasing brochos and tefilos with the explicit name of Hashem that were recorded in an MP3?

A. Horav Shlomo Miller's Shlit"a opinion is that one should avoid when possible, recording into any electronic audio media such as digital disk or MP3, the explicit name of Hashem as recited in brochos or tefilos, since once recorded it would be preferable not to have it erased, and that is not always feasible. The reason being is, that although the digital recording is not considered writing, but it is still inherently disrespectful to treat the name of Hashem lightly and erase it carelessly.

Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a


Posted 2/4/2014 3:12 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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#470 Does Planet Earth Really Revolve Around the Sun?
Q. When teaching children science how should one approach the concept of the earth's orbit? Chazal indicate that the sun rotates the earth; however, the current scientific approach is that the earth rotates the sun

A. It is common, both in scripture and in the Oral Torah to describe the movement of the Sun, Moon and stars in a geocentric setting, as we frequently encounter terminology of sunrise and sunset, Yehoshua (10: 12) ordering "Sun, stand still upon Gibeon, and Moon in the valley of Ayalon" , Koheles (1: 5,6) censuring. "The Sun rises and the Sun sets, and to its place it yearns and rises there - it goes to the south and goes around to the north" or Antoninus questioning Rebbi "Why does the Sun rise from the east and sets on the west?" (Sanhedrin 91b). This however, may or may not be an intended reflection of the true real scenario, but rather of the better elucidation of it. By using the expressions that we can easily understand, and the way common human beings would experience it and describe it, the Torah complies with what our sages often say; "the Torah speaks in the language of men", (Neddarim 3a). The fact is that even in the heliocentric culture of today any well-educated scientist would still use that same vocabulary, since it simply reflects what our eyes see.

The Rambam (Yesodey Hatora 3) describes in detail the geocentric structure. Although in Kidush Hachodesh (17: 24) he writes that the source for many of his calculations and observations in astronomy is based on the prevalent Greek philosophers theories, since the seforim written by the Bnay Issoschor in the days of the prophets were not available to him, the portrait he describes was widely accepted by most Gedolim throughout all generations.

On the well-known 1971 letter from Rabbi Menachem Mendel Schneersohn, to a member of the Association of Orthodox Jewish Scientists, the Lubavitcher Rebbe zt"l wrote; "To declare categorically in the name of science, that the earth revolves around the sun, and not vise versa, is, as noted above, turning the scientific clock back to the 19th century and Medieval science. It is also at variance with the theory of relativity, which has likewise been universally accepted. Science now declares—as categorically as it is permissible for contemporary science—that where two bodies in space are in relative motion, it is scientifically impossible to determine which is at rest and which in motion".

This attempt to apply Einstein's theory of relativity to explain this controversy has given rise to hotly debated issues dealing with the better understood and used theory of "special relativity" and the rarely studied or comprehended "general relativity", or whether relativity applies to linear only or orbital motion too and whether it is relevant to objects not only in free fall but affected by other measurable forces such as acceleration and gravity.

Horav Shlomo Miller's Shlit"a opinion is that indeed what orbits around what, depends on the position and the eyes of the beholder. He also added that certainly from the spiritual point of view, the Bais Hamikdosh Shel Maaloh, which hovers in a different dimension over the place of the material Bais Hamikdosh, would be the point of reference as everything else revolves around it.

Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a


Posted 1/31/2014 2:22 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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#469 Can I teach someone that has not washed his hands in the morning?
Q. Can I tell a vort or any divrey Torah to someone that has not washed his hands in the morning?

A. Horav Shlomo Miller's Shlit'a opinion is that most people wash their hands anyhow every morning or when they exit a bathroom and there is no prohibition of learning Torah without washing hands three times when necessary.

Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a


Posted 1/31/2014 2:18 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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#468 Teaching Torah to the Yet Not-Frum
Q. Can I teach a class of Torah to people who are not frum and have not said the brocho in the morning?

A. The widely accepted custom is that it is permitted to say or teach Torah to people who have not recited the prior brocho to its study. Throughout generations we have witnessed Gedolim speak at simchas or say eulogies when many of the presents were not necessarily frum yet.

The reason why we don't incur in the prohibition of lifnei iver (placing a stumbling block before the blind, Vayikro 19:14) or at least of Mesayea ledvar aveiro (helping someone perform a prohibited act) is explained by Horav Silverstein Shlit"a quoting Horav Eliashuv zt"l (Aleinu Leshaveach 5 p.636) namely that unlike birchos hanehenin (brochos on food etc.) where there is an actual prohibition of eating without a brocho, there is no proscription of learning Torah without first reciting its brocho. He also adds that it is likely that the yet non-frum listener may not have any intention for complying with the mitzvah of learning Torah so no brocho would be required anyway.

Horav Shlomo Miller Shlit"a agrees with the above and added that there may be even a prohibition on reciting birchas Hatorah exclusively for them, since they do not yet have emunah the blessing may be in vane.

Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a


Posted 1/31/2014 2:15 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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#467 Using an Apnea Respirator on Shabbos II
Q. In regards to using an apnea respirator, When you first turn on the machine, it is at a low air pressure. This is to allow you to fall asleep. After about 10 minutes, the machine 'ramps' up to the preset maximum. If I use a timer, I will lose the ramping up period, and since my pressure is high, I will not be able to fall asleep

A. Please see answer 389 in this forum where Horav Shlomo Miller Shlit"a permitted the use in Shabbos of a sleep apnea machine that does not have a sensor which turns it on and off, responding to the breathing and also adjusts accordingly the pressure needed in real time, (APAP or Auto Positive Airway Pressure system) but rather the simpler continuous air stream machine. This is permitted when there is a compelling need for its use, as when the user cannot fall asleep without it (even if his life is not presently in danger), and if it is connected to a timer that automatically turns it on.

He therefore recommends that one should obtain for Shabbos use the simpler machine, which is also government subsidized.

A trial should be done before Shabbos to see if the timer set up works properly

Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a


Posted 1/31/2014 2:13 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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#466 Using an e-Reader on Shabbos
Q. Can you use an e-reader in Shabbos? What if it is turned off and you are just reading what is on the screen?

A. Please see the previous answer. In regards to using an e-reader on Shabbos Horav Shlomo Miller's Shlit"a opinion is that it is prohibited, since its use may be included in the rabbinical forms of writing. Besides, as with other similar electronic devices when turning them on you incur in a number of prohibitions such as Moilid, (creating something new) and tikun kely (forming a utensil which is a sub-labor of makeh bepatish or finishing the creation of a utensil and one of the thirty nine prohibited works of Shabbos)

Even if the reader is turned off and you tape over the power button, the tablet may still be muktzeh. Altough the tablet is a k'li shemelachto l'issur, (an object normally used for activities prohibited on Shabbos) and could be used for activities permitted on Shabbos, such as just reading the screen, however, the tablet may also be considered muktze machamas chessoron kis, (a significant object that, if used for activities permitted on Shabbos, may become damaged), and therefore cannot be used.

Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a


Posted 1/31/2014 2:12 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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#465 Are e- Readers Kosher?
Q. Shalom U'Bracha, What is the halahcha for using an ereader (Nook or kindle) to read seforim? I have heard some people say it may be a problem because it is written with "e-ink." (in regards to Mechikas shaim Hashem) Thanks in advance.

A. Most Poiskim rule that Hashem's name written on a LED or CRT screen can be erased and they have no sanctity as the pixels which make up the letters on a computer screen are being refreshed many times a second and are considered to be more virtual than real. However some Poskim are stringent, please see answer 383 in this forum.

Electronic-Readers such as Barnes and Noble's Nook and Amazon Kindle that use electrophoresis ink technology, differ from customary electronic displays in that the image on an E Ink screen will be retained even when all power sources are removed. Many electronic paper technologies can hold static text and images indefinitely without using electricity. These devices are becoming popular because of the better readability of their screens, especially in bright sunlight, and longer battery life.

Electronic ink is made up of millions of tiny microcapsules, about the diameter of a human hair. Each microcapsule contains positively charged white particles and negatively charged black particles suspended in a clear fluid. A network of electrodes is connected to display circuitry, which turns the electronic ink 'on' and 'off' at specific pixels by applying a voltage to specific pairs of electrodes. Applying a negative charge to the surface electrode repels the particles to the bottom of local capsules, forcing the black dye to the surface and giving the pixel a black appearance. Reversing the voltage has the opposite effect - the particles are forced to the surface, giving the pixel a white appearance. However there is no connection or adhesion between the microcapsules themselves, as opposed to ordinary ink.

You can now acquire an e-reader Sidur, a complete Sefer Torah or a large Torah library, all without having the downside of being connected constantly to the Internet.
In regards to erasing Hashem's name, Rambam (Yesodei HaTorah 6) notes "One who erases one of Hashem's holy names transgresses a negative commandment as the verse states regarding idol worship, 'And you shall eradicate their name from that place; you shall not do so to Hashem your G-d.' Tur and Shulchan Aruch (Y.D. 276: 9) rule accordingly. However there are diverging opinions if Hashem's names that were written or printed without the intention of becoming holy are included in this prohibition or are only forbidden rabbinicaly (Tashbatz 1: 177, Chidushei Chasam Sofer - Shovuos 35, Igrois Moishe Y.D. 1: 172, Shach Y.D. 276; 12, permits erasing when needed for fixing a Sefer Torah).

Horav Shlomo Miller's Shlit"a opinion is that since the names of Hashem were not written (by the user of the reader) with any intention of kedusha, as is the case of most s'forim including the Talmud, where the vast number of references to Hashem are on a rational or informative level, the names are also not explicit and adding that this is after all, an unconventional type of writing, therefore they can be erased.

However, in sidurim and chumoshim on a e-reader, where the Hebrew names of Hashem are usually explicit and since the user is aware of their presence when he writes them on the screen and the names are of avoda and spiritual- service nature, it is preferable not to erase them, even though other contemporary Poskim are lenient.

Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a


Posted 1/31/2014 2:10 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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#464 When Not Accepting Divrei Torah
Q. Someone tries to give me a piece of Torah that they have written. For whatever reason, I will never read it. Is the proper response to say:
A. I will never read it. Please don't give it to me. or
B. Thank you very much, take the paper and dispose of it properly?.

A. Horav Shlomo Miller's Shlit'a opinion is that you should give it back and say politely that you are unable to read it.

Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit"a


Posted 1/23/2014 3:53 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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#463 Can the Shul Become a Mourning House?
Q. An ovel during shiva that doesn't have a minyan at home and comes to Shul, when he davens for the amud, does he say Birchas Kohanim? Lam'natzeach and the parts of Uva Letzion that are omitted in the ovel's home?

A. There is a disagreement between Poskim if you recite the Elokenu Velokey Avosenu that stands for Birkas Cohanim in the ovel's home. Eliahu Rabbah (559: 13) quoting Shiurey Knesses Hagdolah, Chidushei R" Akiva Eiger (131) and others maintain that it is not said. Daggul Mervavah (ibid. 127), Chayei Adam (27: 25), Teshuvah Meahavah (1: 50) rule you do.
The generally accepted custom in most Diaspora communities is not to recite it on the mourner's house during weekdays. (Mourning in Halacha 16: 25: 52)

It would stand to reason that according to Halichos Shlomo (Tefilah 11: 10) that when the ovel leads the services in shul you do not recite tachanun since the congregants follow him and the shul is considered as the ovels home, you would then also not recite Birkas Kohanim, Lam'natzeach and V'ani Zois Brissi (in Uva Letzion). However Horav Shlomo Miller's Shlit'a opinion is that even when the ovel davens before the amud in shul, those parts normally omitted in the ovels' home are recited by the attendants, the ovel though, omits them.

Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a


Posted 1/23/2014 3:52 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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#462 Tachanun when Ovel Leads Davening in Shul
Q. An ovel during shiva that doesn't have a minyan at home and comes to Shul, when he davens for the amud do they say Tachanun? Should someone else take over and he goes out so the others will say Tachanun?

A. The reason we omit tachanun in the ovel's home is not to increase the forces of judgment already present on the ovel. (Levush). Mishna Berura (131: 20) rules that if the mourner prays in shul, the attendants don't have to follow him and they recite tachanun, but he does not (Oruch Hashulchan ibid. 15, see Sdei Chemed vav: 4). The reason is that only when a choson is present, people identify with him and would like to join him in his simcha (Shiurey Knesses Hagdolah 15) Some Poskim maintain that the congregants omit tachanun also (see Kaf Hachaim 131: 60 and Yalkut Yosef – Nefilas Apaim 13)

If he leads the services (see prior question) most Poskim agree that no tachanun is recited (Gesher Hachaim 1: 20: 3, Halichos Shlomo – Tefilah 11: 10, Piskey Teshuvos 131: 16)
Horav Shlomo Miller's Shlit"a opinion is that the ovel should let someone else take over the omud after finishing the repetition of the amida, so the congregants can recite tachanun, the ovel omits saying tachanun, and returns to the omud for kadish.

Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a


Posted 1/23/2014 3:49 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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#461 Washing Hands after Blood Test
Q. Since you also wash after bloodletting, does that mean that you have to wash after a blood test? Or does a surgeon wash 3 times after an operation?

A. See prior question in regards to washing three times. Shulchan Aruch (O.H. 4: 19) advises to wash hands after bloodletting. Mishna Berura (4: 48) recommends washing after applying leeches or "bankes". However Nishmas Avrohom (4: 4) quotes Horav S. Z. Auerbach's Zt"l decision that after extracting blood for an analysis or even when donating blood, no hand washing is required. The reason given is that this washing requisite is of "segulaty" origin or of spiritual nature and not a medical need. As such we should limit it only to its original provision and that is when the blood was drawn as a healing practice. We do not require it when the blood extraction was done for any other reason such as testing or for helping others by donating blood. (see Ishei Yisroel 2: 41: 149 and Piskey Teshuvos 4: 27).

Following this reasoning we may require the surgeon to wash hands after an operation, since that could be seen as a healing procedure. The fact that the surgeon wears gloves may be of no consequence, as a sleeping person wearing gloves also washes when he awakens. (ibid.) However, this is not the accepted custom.

Sha'arey Aharon (4: 19) remains doubtful whether you require hand washing after drawing blood for a medical analysis. Some Poskim suggest that it is proper to wash (Piskey Teshuvos 4: 27 quoting Leket Hakemach)

Horav Shlomo Miller's Shlit"a opinion is that you don't have to wash "netilat yadaim" after  donating blood, a blood test, or an operation.

Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a


Posted 1/23/2014 3:47 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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#460 Do we Wash Hands After the Chalaka?
Q. I attended an opsherenish for a 3 year old and everyone was invited to cut some of the hair of the child. Do you have to wash your hands after 3 times? (No one seemed to care).

A. Mishna Berura (4: 39) and Oruch Hashulchon (4: 21) write that you only have to wash your hands three times when awakening from sleep or as some stringent Poiskim include, after marital relations and being in contact with the deceased, otherwise once is enough.

Poiskim rule that you have to wash your hands even when cutting someone else's hair (Kaf Hachaim 4: 92) or when cutting only some of the hair (ibid. 4: 68), when using an electric trimmer (Ishei Yisroel 2:41), and even after cutting a child's hair (Nitey Gavriel 15: 1)

However when cutting a small amount of children's hair during the Chalakah tradition many Poiskim rule leniently and you don't have to wash hands (Teshuvos Vehanhogos 2:5, Ishey Yisroel ibid., Piskey Teshuvos 4). A reason given by Mibeis Levy is that you usually do not touch the head, just the hair. Some are stringent and do require netilah (Nitey Gavriel ibid. quoting Belzer Rebbe Zt'l, Piskey Teshuvos 4: 28 quoting Mishne Halocho and Horav Yosef Chaim Zonnenfeld zt"l). The child himself however, should have his hands washed (Nitey Gavriel ibid.)

Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a


Posted 1/23/2014 3:44 PM | Tell a Friend | Ask The Rabbi | Comments (0)



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