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Have a question? Send it in! Questions are answered by Rabbi Bartfeld.
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#449 Replacing a Damaged Fruit Tree
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Q. [When it is prohibited to cut down a tree,] would it help if I plant another similar tree to replace it in another part of the back yard?
A. Poiskim permit transplanting a tree; with its roots and surrounding earth when needed and when we can safely assume that the tree will survive in its new location, (Sheilas Yaavetz Y.D.1: 96, Chasam Sofer Y.D. 102. See Mibeis Levi (p. 58), that this is a difficult procedure that is seldom worth the effort.
Horav Shlomo Miller's Shlit"a opinion is that planting a new similar tree or even taking a branch from the existing one, does not minimize at all the prohibitions involved, as in Halacha (e.g. in regards to Orlo) it would be considered growing a new tree, not preserving the old one. He added, that outside of Eretz Yisroel when transplanting the same tree with its roots and surrounding earth to a new location, you do not have to be concerned if at some point the tree is not in contact with the ground, as when placed on a wheelbarrow or truck.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 1/10/2014 11:55 AM |
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#448 Kidush on Grape Juice for the Sugar Restricted
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Q. My husband is recuperating in hospital and wants to make Kiddush on Shabbat. To avoid the high sugar content in grape juice is it better he recites Kiddush over tea or coffee, or maybe he should just take a sip and I will drink the rest of the cup, since he is making it for me too? How much water can you add to the grape juice and still make Kiddush on it?
Thank you
A. Horav Shlomo Miller's Shlit'a opinion is that your husband should take a sip of the grape juice and you should drink the rest (or most) of the cup.
He maintains that you can dilute our common grape juice (not the light one), up to a bit less than half water.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 1/10/2014 11:52 AM |
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#447 Do I Have to Pay to Save a Fruit Tree?
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Q. I have a few questions resulting from the recent ice storm… My snow-removing gardener told me that I should contact an arborist if I want to save the (split cherry) tree. I know that we don't cut fruit trees, but do I have to pay to save the tree?
A. There is a Biblical prohibition (Devarim 20: 19) on cutting down a fruit tree. Besides there is also an element of peril, as the Talmud ( Bava Kama 91b; Bava Basra 26a) quotes Rav Chanina as blaming his son's untimely passing on the fact the his son had cut down a fig tree while it was still flourishing. Additionally, we find in the Talmud (Suka 29a) that the moon and stars are "castigated" (eclipsed) because healthy, fruit-bearing trees are chopped down. Rabbeinu Yehudah he-Chasid in his Will [45] also warns against destroying any fruit-producing trees.
As significant as those sanctions are, there is, however, no obligation to save a sick or dying tree.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 1/10/2014 11:51 AM |
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#446 Liability for Damages Resulting from Ice Storm
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Q. I have a few questions resulting from the recent ice storm. I have in my property a cherry tree that is close to my frum neighbors shared fence, the tree split in two and a massive branch fell and damaged not only the fence but his shed too. Do I have to pay for the cleanup and damages in his property? In the past, I let my neighbor collect the cherries from the branches growing over his side. Does that not mean that that part of the tree is his and not my responsibility?
A. A person is exempt for the damages caused by his property if they occurred as an oneis or a situation that is totally beyond his control as opposed to damages done directly by him were he is liable on unintentional damages (Baba Kama 26a). Therefore, there is no obligation to pay for the damages caused to the fence and neighbors shed.
In regards to the cleanup, Horav Shlomo Miller's Shlit"a opinion, based on the ruling of the Chazon Ish (Bovo Basro end of 14) is that the tree branches that were overhanging into the neighbors property before the tree fell are the responsibility of the neighbor regardless whether he had permission to eat the fruits or not, since he could have cut those branches if he wanted to. However, on the branches of the tree that were on the tree owner's property space and fell into the other side he will be liable for their removal.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 1/10/2014 11:49 AM |
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#445 Observing the Six Constant Mitzvos in Unclean Situations
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Q. A patient hospitalized and wearing diapers…. How about the Mitzvoth of fearing and loving Hashem or feeling you are in His presence in such situations?
A. Chochmas Shlomo (O.H. 85.) considers whether one is permitted to contemplate Hashem's presence (Shivisi Hashem) when in an unclean situation. He proves from (Talmud Yuma 7b) in regards to the tzits or the golden plate that bore Hashem's name, that it is acceptable.
However, it would appear from the fact that Mishna Berura (85: 5) writes that it is obvious it is permitted to reflect while in a bathroom over the truth of human frailty and finality, and does not extend this to Hashem's presence, that this is not allowed (Piskey Teshuvos (ibid.). Nevertheless, many Poiskim are lenient and permit the compliance of all six constant mitzvos (such as believe, love, fear, unity of Hashem etc.) everywhere (Biur Halocho O.H. 1 and Piskey Teshuvos 85: 5) since they are more of a constant feeling than a conscious mental thought.
Horav Shlomo Miller Shlit'a agrees.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 1/8/2014 8:19 PM |
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#444 Devorim Shebekdusha when Connected to a Catheter
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Q. What does he (a patient hospitalized) do (in regards to tefilos, sh'ma and Torah learning) when he is wearing a catheter attached to a urine bag?
A. In regards to a patient whose urine is drained via a catheter, many Poiskim are lenient and permit prayers, even if he constantly flows (see question above, when he is not using a catheter) and the tube and urine receptacle are covered. (Igrois Moishe O.H. 1: 27). The reason for the leniency is that he may not feel when the urine drains (Tzits Eliezer 8: 1) or since it drains in an unnatural way it is not considered a normal urine discharge (Horav Chenkin Zt"l quoted in Mishne Halochois 2: 65, Even Yisroel 80, see also Nishmas Avrohom 1: 76: 9 et. al.)
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 1/8/2014 8:16 PM |
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#443 Praying when Suffering from Urinary Incontinence
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Q. What does he (a patient hospitalized) do (in regards to tefilos, sh'ma and Torah learning) if he suffers from urinary incontinence?
A. In regards to a patient that suffers from urinary incontinence and he constantly drips and would therefore be unable to pray or recite sh'ma forever, Mishna Berura (80: 4) quotes the Remoh (teshuvo 98). He writes that one should place a cloth or sponge around one's organ, and then it is as if the urine is contained in a pocket, as he has no other choice it is permitted, if he could control himself at least at the beginning of the prayer. Melamed Lehoil (O.H. 7 seems to permit even when he is unable to stop at all, Chelkas Yaakov (O.H. 31) as he understands from Chaye Odom, agrees. However, Mishne Halochos (2: 61) prohibits.
Horav Shlomo Miller's Shlit"a opinion is that if the patient can feel when he discharges urine, he should at that time stop his praying or learning. If he is unaware, he is still permitted to pray and learn Torah.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 1/8/2014 4:06 PM |
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#442 Is a Diaper Wearing Patient Allowed to Daven?
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Q. A patient hospitalized and wearing diapers, can he listen to Torah tapes or Jewish music? Can you say tefiloth or Shema for him when he is listening to what you are saying?
A. Mishna Berura (78: 3) rules that if a dry outer garment covers the urine damp inner clothing, one is permitted to read sh'ma and recite tafilos. Certainly one is allowed to listen to Torah tapes and music that contains pesukim. Nevertheless, at the time the patient is urinating he should stop his prayers or learning.
However the above does not apply to feces even if they are covered, as they are not absorbed by the diaper, (O.H. 76: 5, Mishna Berura 18), therefore the patient would have to be cleaned properly before praying.
Horav Shlomo Miller's Shlit"a opinion is that when visiting the ailing and praying in front of them or talking divrei Torah to them, you do not have to be concerned perhaps they soiled themselves, unless there is a prevalent odor.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 1/8/2014 4:01 PM |
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#441 Fleishig If I Ate Less Than a Kezais Chicken?
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Q. If I by mistake had less of a kezait of chicken does that still make me fleishig?
A. You do not need to eat a kezais of meat for having to wait six hours, the rationale; it is Rabbinicaly prohibited to eat a dairy product after eating beef or chicken for two reasons: a) the strong taste of meat lingers in one's mouth long after it has been consumed, (Rashi, Chulin 105a, quoted in Tur Y.D. 89). b) Actual pieces of meat can be stuck between the teeth after meat has been eaten (Rambam, Ma'achalos Assuros 9:28, quoted in Tur Y.D. 89). We are stringent and keep six hours for either reason, therefore a person is "fleishig", even if he only chewed the meat and then removed it from his mouth. (Shulchan Aruch Y.D. 89: 1 and Taz ibid. 1). Six hours must also elapse, when eating pareve food that was cooked together with meat, such as a potato cooked in a meaty cholent or rice cooked in a pot together with chicken.( Remoh 89: 3). Some Poskim maintain that you have to wait six hours even for swallowing the meat that was left between the teeth. (Remoh ibid. and Hafloah, Badey Hashulchan 2).
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 1/3/2014 1:40 PM |
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#440 Where Can I Find a Slower Pace Minyan?
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Q. My hebrew is unfortunately at a beginning level so when I daven I usually pray in english to keep up with most congregations. Where can I find a Shacharis minyan that davens at a slow pace so that one can pray with kavanah and a sense of unhurried concentration, especially when I have to say kaddish. I usually end up mumbling through and feeling very unfulfilled. At least if a minyan exists that purposely slows down for kaddish and makes allowances for someone like me. I would be grateful for any direction. Thank you
A. You should try davening at a Kiruv institute, Yeshiva or Kolel minyan, preferably a small one that is close to you. They are far slower than regular minyanim. You can find a list of them, their times of prayer and location in Frum Toronto under Davening Schedule. You should speak to the Rabbi in charge, to provide someone to help you along. You should also use a sidur with an English translation, and gradually, day-by-day and sentence-by-sentence, increase your use of the Hebrew.
You may also ask that Rabbi about available classes and shiurim pertaining to Tefilah topics.
Many have followed this path and are now very successful and fulfilled mispalelim.
Hatzlachah.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 1/3/2014 1:36 PM |
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#439 A New Name for the Children?
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Q. Dear Rabbi, If someone was severely sick and a name was added, he got B"H well, When his children are called to the Torah, are they called with the new name that was added to the father? Thank you
A. Shulchan Aruch (E. H. 129: 18) rules that you have to write in a bill of divorce (Get) the new name that was added to an ailing individual, but only if the name change proved to be effective. Poiskim disagree if he did not survive for thirty days after the name addition, and he never actually used that name besides for the tefilos that were said on his behalf if that name stays and is included on the matzeivo and is also used by the sons when they are called to the Torah reading. Imrei Eliahu (E.H. 79) maintains that is the new name was publicized by the prayers said on his behalf, it should be maintained. Others opine that if the convalescent died from his sickness or if he never used the new name by being called himself to the Torah reading or signing etc., the added name should be omitted (Aleinu Leshabeach 1 p.610)
Horav Shlomo Miller's Shlit"a opinion is that for the new name to be maintained, the ailing patient has to survive thirty days after a new name was added and it also has to be publicized by his own use of it.
Rabbi A. Bartfeld as Revised By Horav Shlomo Miller Shlit"a
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Posted 1/3/2014 1:34 PM |
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#438 Does He Have To Change the Kessubah Too?
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Q. Dear Rabbi, If someone was severely sick and a name was added, he got B"H well, does he now have to change his kesuvah? Thank you
A. Horav Itzchok Zilberstein Shlit"a in Aleinu Leshaveach (1 p. 611) rules that a kesuvo already written in the past does not have to be changed when a name is added, other Poiskim seem to agree (Avioh Segulos p. 468, Kuntres B'rich Rachmono 36 quoting the Steipler Gaon Zt'L, et al.). Horav Refoel Alter Shmulevitz Shlit'a mentioned to me from his own experience that he was told by a Horav Yisroel Yaakov Fisher Zt"l to change his kesuvo. (Horav Fisher, was supportive of name changing and choosing the right name as a seguloh. Please note that any changes of a kesuvo, have to be done by a competent rabbinical authority)
Horav Shlomo Miller's Shlit"a is that an existing kesuvo does not have to be rewritten.
Rabbi A. Bartfeld as Revised By Horav Shlomo Miller Shlit"a
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Posted 1/3/2014 1:31 PM |
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#437 Naming a Newborn After Two Grandparents
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Q. Is it okay to name a child after both his paternal and maternal grandfathers? (Double name comprised of one of each grandfather, neither grandfather had a double name.)
If not, is it okay to change the name after the child has become an adult?
A. There is a disagreement between Poiskim if a name created by joining two names of two separate individuals constitutes a new name or is it still two separate names.
Ben Ish Chai (Shoiftim 27) Sdei Ha’aretz (3 22) Zecher Dovid (1: 84) Zoicher Habris (11) and others maintain that it is proper to give the combined names of the father and the father in law to the newborn and it honors both. This they claim is the indicated procedure to follow in cases where sholom bais is at risk. (See also Yam Shel Shlomo on Gittin 4: 26 on the name Shneiur and Keser Shem Tov p. 96)
However, Machane Chaim (E. H. 43), Chazon Ish quoted in Avney Yoshfei (O.H. 196: 3), Horav Yaakov Kamenetzki Zt"l quoted by Horav Dovid Pam Shlit'a and others, maintain, that combining two names creates an entirely new name that does not have a correlation to the two originating names. This is similar to the addition of a new name to the ill that is generally considered as a name change. (See also Keser Shem Tov ibid. an Otzar Habbris ch. 6).
Horav Shlomo Miller's Shlit"a opinion is that although this is considered a new name, it still is an honor to the late forefathers since part of a name or even a single letter can be attributed to their remembrance and benefit, analogous to the yud of Sarah's previous name, being allocated to Yehoshua's new name. (Sotah 34b, Bamidbor Rabboh 47: 1). Also in people's perception it is considered a tribute and a sign of respect.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 1/3/2014 1:29 PM |
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#436 Blush Powder on Shabbos
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Q. Is one allowed to use blush powder or even other non-colored powder on Shabbos as it is not something that remains permanently on the face?
A. Shulchan Aruch (O.H. 303: 25) rules that a woman should not color her face on Shabbos, as this is included in the prohibited melachah of tzoveah (dyeing). Mishna Berurah (ibid. 79) explains that it is only a rabbinical prohibition as there is no biblical tzoveah on human skin.
However, for even the rabbinical prohibition to apply the coloring agent has to adhere somewhat to the surface. Spilling a tinted liquid that can be easily removed from a table is as tzoveah, as placing a colored tablecloth on it.
Poiskim disagree on using cosmetics. Horav Ovadia Yosef Zt"l writes (Yabia Omer, 6: 37) that there is room for leniency regarding face powder, for the red color that the Talmud (Shabbos 95a) prohibits to apply to one's face on Shabbat involves actually coloring the face, whereas cosmetic powder does not stick to one's skin and eventually falls or wears off, as talc powder does and is therefore not considered coloring at all. Similarly Igrois Moishe (O.H. 1: 114) permits when the cosmetic powder does not adhere to the skin.
However, many Poskim rule stringently since in reality, modern cosmetics are designed to remain on the skin and are promoted for their staying ability (39 Melochos 3 p. 742).
Shmiras Shabbos Kehilchosso (14: 59 and note 158) quotes Horav S. Z. Auerbach Zt"l, that if one's intention is to enhance the shade of the skin even if it is for a short while it could constitute tzoveah.
Horav Shlomo Miller's Shlit"a opinion is similar.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 1/3/2014 1:25 PM |
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#435 Non-Kosher Food Partnership
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Q. Can someone partner with a non-Jew to do a food delivery service? It entails making a brochure/magazine and putting ads in restaurants and then taking orders from people, bringing the order to the restaurant, and then delivering their food. We would be the middlemen between the restaurant and the customer. I personally would not walk into a non kosher restaurant as I know it is marus ayin. However, if the staff is not Jewish, including the drivers and the sales staff, is that an acceptable business. This person had the same business back in Thailand under www.door2doorpattaya.com and he claims a busines like that in the United States and Canada can make at least mid six figures a year with potential to franchise the business concept.
What is the halacha with partnering with a non Jew in this type of business set up?
Or, if that is against halacha, I would simply work with only kosher restaurants if that is what the halacha requires.
A. There is a prohibition on trading with a "Dovor Hoosur" (prohibited foods). Some Poiskim maintain that the prohibition is rabbinical, (Bais Yosef, Rashbo, Y.D. 117 et. al.) since one may come to eat the items one does business or work with. Other Poiskim assert that it is biblically forbidden (Tosafos Pesachim 23,a - Rambam- Rosh - Taz Y.D. ibid.). You may trade, nevertheless, with foods that are only rabbinically forbidden (Y.D. ibid. 1). Accordingly it would certainly be advisable not to engage in a venture where you would have to do commerce with biblically prohibited food. (See question 81 in this forum)
Based on the above, one may think that the prohibition applies only if the Jew owns the food, since in such a situation, one is concerned that he may come to eat it. However, the truth is that this is a reason for stringency, meaning that a Jew may not even be involved in handling non-kosher food that is owned by a gentile, since the concern that the Jew may eat it still exists. The basic prohibition of doing business with forbidden food applies even where there is no concern that a Jew might eat it. As such, if a Jew owns the food, trade is prohibited even if he does not handle it (see Pischei Teshuva 117:6). Horav Shlomo Miller Shlit"a, advised to sell to a Gentile (in a halachically permitted and proper manner, supervised by a competent Rabbi), that part of the business that deals with non kosher foodstuff. He further required the Jewish partner not to handle or be in direct contact with the non-kosher items.
Rabbi a. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 1/3/2014 1:19 PM |
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#434 Imaging Tefilos II
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Q. Regarding to question #349 Mental imaging of our needs before davening, it ia difficult to me to daven now after I read Rabbi Hirsh's book Horev page 448 2007 Helek 5 Mizvot, perek haf zadik Tfila , since now I know that Tfila is not to ask HaShem, but to charge myself . But Tfila is in form of asking???
A. Rav S. R. Hirsh Zt"l in the chapter you cited does not address mental imaging on our needs before tefilah. He only adds the elucidation of tefilah as an act of self-judgment and introspection so necessary in understanding why and how we pray to Hashem.
He stresses that as the name "tefilah" implies, (as in "venasan b'plilim") it is an act of judgment and truth seeking. This discerning and keenness of perception sets the relationship between Hashem and the mispalel and creates the setting for tefilah.
Rabbi A. Bartfeld
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Posted 12/24/2013 9:41 AM |
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#433 Save the Chalah for Pesach?
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Q. Is there a source to save the challah separated from dough & to burn it by Biur Chametz before Pesach or should it be burnt asap? Is there an issue if your own oven is used for burning it?
A. We generally sponsor the idea that an object that was used already for the performance of a mitzvah, should be kept and used again for the accomplishment of another. An case in point is saving the used hoshanos branches from Sukos, for burning in the fire when baking matzos (Remoh O.H. 664: 9), or setting aside the challah bread of eiruv tavshilin to be used for lechem mishneh during the Shabbos meals (Mishna Berura 527: 48).
However, we also maintain that one should not keep in his domain for a long period of time, an object or food that is prohibited in use or consumption, as he may forget and transgress. An example is contaminated terumah. (Pesachim 33b), or non kosher meat or animals that a person may have acquired unwittingly (Y.D. 117: 1, see also Tosafos on the beginning of Pesachim)
Horav Shlomo Miller's Shlit"a opinion is that challah separated from the dough, should not be kept for more than a week prior to being burned. (See also; Shach Y.D. 57: 47 and Chidushey Chasam Sofer – Beitzah 18a).
He also advises to double wrap in aluminum foil the challah to be burned in your own oven. You can burn it then, even while other food is being baked.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a.
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Posted 12/24/2013 9:38 AM |
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#432 Not Healthy Enough for Hagomel?
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Q. A patient suffering from leukemia whose life was in danger and after a few weeks in the hospital was permitted to go home since he is stable but not cured yet, does he recite hagomel?
A. Shulchan Aruch (O.H. 219: 1) rules that when the ill are healed, they recite the hagomel blessing. Mishna Berura (ibid. 2) explains that they are now walking with firmness. Some Poiskim are of the opinion that hagomel should be recited only when complete healing has occurred, even if he is already attending shul. (Divrey Yatziv 1: 87, Mishne Halochos 2: 1: 177, Maaseh Nissim 2: 94).
Other Poskim maintain that if he is able to walk steady and well enough to daven in shul, although the illness may return, he can recite hagomel. (Maayan Omer 11: 39, Yalkut Yosef – Brochos p. 589)
Horav Shlomo Miller's Shlit"a opinion is that indeed if he can walk steady to attend shul, and the bracha will lift his spirit and confidence in a prompt refuah shleimah, he can recite hagomel.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 12/24/2013 9:36 AM |
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#431 Crumpling Aluminum Pans on Shabbos
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Q. Is one allowed to crumple up a disposable aluminum pan on Shabbos?
A. Shulchan Aruch (O.H. 314: 1 and Biur Halacha) rule that there is a rabbinical proscription of destroying utensils on Shabbos. However, on a disposable utensil or "keli gorua", Poiskim maintain that there is no prohibition (Binyan Shabbos 2 p. 173).
Poiskim disagree whether aluminum pans are considered utensils for tevilah requirement. Many maintain that they do not. (Igros Moshe Y.D. 3:23, Minchas Yitzchok 5:32, Teshuvos Vehanhogos 3:259, Oz Nedberu 7:71, et. al.) Others see them as proper utensils which require immersion (Mishneh Halochos 7:111, Emes Leyakov Y.D. 220. see Tevilas Kelim p.233).
Horav Shlomo Miller's Shlit"a opinion is that if the aluminum pan would generally be used a few times by others, on the onset, one should avoid destroying it on Shabbos, unless it is necessary for cleanliness, as would be the case, when you try to fit all the waste in the can and close the lid, to avoid smells or insects. If the pan is burned or soiled and most would not reuse it, it could be crumpled as you would do with paper disposables.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 12/24/2013 9:34 AM |
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#430 Using Makeup Remover on Shabbos
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Q. How can I use makeup remover on Shabbos?
The remover is liquid. When I wake up shabbos morning, at times the makeup runs under my eyes so I want to know if u can clean it up with makeup remover by putting a little on a q-tip or just using my finger.
A. Shmiras Shabbos Kehilchoso (14: n. 79) quotes Horav S.Z. Auerbach's Zt"l opinion that there is no prohibition of memachek or smoothing on the human body and you can remove tar or pitch off the skin. The toldoh (sub-category) of memarei'ach (spreading or scraping) also does not apply, since there is no intention whatsoever for doing it and it is not the way this particular melocho is performed (39 Melochos 3: p. 749: n. 63). When removing an existing colored layer from the body, tzoivea or coloring does not apply either. This is true even if the untreated skin is of better appearance than the used makeup layer now being removed (ibid.).
Horav Shlomo Miller Shlit"a also permits using a q-tip if the liquid amount is small, as it has a handle and there will not be any schita or squeezing done.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 12/13/2013 1:17 PM |
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Important Numbers
