Q. My friend is 6'4, 220 lbs. the problem is the food (in prison) is very meager. For me, I have a small frame so I am okay but he is always hungry. Can he eat treif (non kosher) for survival?
A. It seems unlikely that someone would starve to death in an American prison. You may want to consult with the local chaplain as to how to extend his kosher food allowance. In a case of dire need, bread and cereals that do not have a printed kashrus symbol may still be considered kosher.
He may be helped if the prison provides a vegetarian diet when needed.
Check if there is a Jewish community close to this facility that could be contacted to provide help.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. Can I use the (prison's) hot water machine for Shabbos and add milk into the coffee?
A. If the hot water urn only dispenses hot water and nothing else, and when you take out hot water, no fresh cold water enters automatically to replace it, you can use it on Shabbos.
Fill in first the cup with the hot water and then add coffee, milk and sugar. Not the reverse, as you will be cooking on Shabbos.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. Can one use (in prison) a microwave that all the non-Jews are using for their cooking and warming up?
The problem is that the staff just does not cater to just Orthodox Jewish people.
How do I kasher it? Can I kasher it?
A. Kashering a microwave oven is a complicated topic in Halacha in the best of settings; in your case (in prison) it is almost impossible. (See answer 319 in this forum, concerning koshering a dishwasher or plastics).
The simplest way to use this microwave is to wrap completely the food on paper napkins or towels, or place it in a closed paper bag.
Horav Shlomo Miller Shlit'a suggests to double wrap it if possible, if not one layer suffices. Liquids should be warmed in covered containers.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. I have workmen coming to repair my basement from a water leakage. While they should finish before the Nine Days, we have heard stories of work taking much longer. As I need the basement finished before I can access for extra shower, bathroom, playroom, and storage of items for camp this year, can they continue into the Nine Days? Otherwise I may not get access for a further month.
A. Shulchan Oruch (O.H. 551: 2) rules that from Rosh Chodesh (Av) we lessen the renovation or building of a joyful abode or redecorating, and painting. Mishnah Berurah (ibid. 12) explains that this refers to a residence one does not need now. Mishnah Berurah adds that if a Gentile was hired prior to Rosh Chodesh and he is paid for the complete job and works on his own timetable, he is permitted to work even on Tisha B'av itself. (As far as Mareis Ayn is concerned, see Nitey Gavriel – Ben Hametzorim 28: 7). However it is preferable if he could be compensated with a small sum to stay the repairs for after the nine days.
Horav Shlomo Miller's Shlit"a opinion is that basic repairs that just permit you using the damaged basement area are permitted, unessential, area expanding and decorative improvements should wait until after the Nine Days.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. If you cut an onion with a milchig knife that wasn't used the last 24 h. and then you cut the same onion with a pareve knife, do you have to kasher the pareve knife? If yes how?
A. Horav Shlomo Miller's Shlit"a opinion is that it suffices if you just wash the thoroughly previously cleaned knife, with the hot water from the tap, after a twenty-four hour period of not using it.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. A dishwasher that is in a rental unit and the inner walls are plastic, can it be made kasher and how?
A. Poiskim disagree whether a dishwasher made of synthetic materials such as plastic can be made kosher or not. Some suggest that since there is no masoires or established tradition on these new materials, we should be stringent and not permit koshering, Igrois Moshe (O.H. 2: 92, E.H.4: 7) opines that we should treat them as uncertain allowing leniency when the plastic utensil has not been used for twenty four hours.
Many Poiskim rule that since the Torah excludes solely earthenware utensils from the koshering process, any new discovered materials are included and can be made kosher (Chelkas Yaakov Y.D. 2: 45, Minchas Yitzchok 3: 67, Chayei Halevy 4: 6, Tzitz Eliezer 4: 6, et al.).
Horav Shloimo Miller's Shlit"a opinion is that the dishwasher should be cleaned thoroughly, dismantling all parts that are reachable, scraping all nooks and crannies and scuffing in between the laminates, while using the strongest cleansing agents available. After twenty-four hours it should undergo three complete washing cycles, using the hottest water that the plumbing system provides, if the unit does not heat its own water.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. I am aware of the prohibition not to inquire about details or the price of a product or service simply out of curiosity and not because I want to buy it, because it will arose hope of a sale and then disappoint the owner when a purchase isn't made. Now that there are several community internet groups that help the community communicate about items for sale, advice, or events, I noticed that sometimes people inquire about an item or as to its price and later actually offer the same item for sale. Is it prohibited from inquiring about something for sale in a group where everyone is Jewish simply out of curiosity without intent to purchase or for the purpose of obtaining information to sell a similar item?
Is it prohibited to visit the website of a Jewish business to obtain information about a product that you intend to purchase elsewhere or sell yourself?
A. Horav Shlomo Miller's Shlit"a opinion is that commercial information posted on a public forum such as the Internet or a community publication, since it is open to all, it can be used as a source of data and knowledge for ones own personal benefit. However, that does not permit contacting them, either by phone or by email and misrepresenting oneself as a prospective customer, with the hidden intent of gleaning information to the detriment of the provider. This constitutes "Geneivas Da'as" or misleading people, and it applies equally to Jews or Gentiles (Chulin 94 a,b – Shulchan Oruch C.M. 228)
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. I recently heard that the most mentioned woman in Tanach is Tzeruiya, the mother of Yoav and Avishay. Why were they named after their mother?
A. Indeed, Zeruia was Yoav's mother as is recorded in Shmuel II, 17: 25. Also in Divrei Hayomim I, 2: 16; "and the sons of, Zeruiah: Abishai, and Joab and Asahel, three". The name of their father was Seraiah, as mentioned in Divrei Hayomim I, 4: 14; "Seraiah begot Yoav".
Shaarey Teshuva Lageonim (19, quoted in Ginzei Yerushalaim p.184) mentions that Rav Hai Gaon explained why Abishai, and Yoav and Asahel were named a after their mother Zeruiah; it was in their honor, since she was the sister of King David (Divrei Hayomim I, 2: 16.).
Incidentally, Zeruya is mentioned twenty five times in Tanach, while Esther is written fifty five times.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit"a
Q. I remember reading in a Midrash that Miriam's well did not constantly flow water; it only came when people came close to it. If so would it not be prohibited on Shabbat as it would be similar to a motion detector
A. It is difficult to envision what would be the biblically prohibited melocho involved when making the water flow. Even if there is one, Horav Shlomo Miller Shlit"a explained that anything that works by the powers of a miracle is not included in the prohibitions of Shabbos.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit"a.
Q. I'm going to travel to the orient on a necessary business trip during the nine days, is this permitted if my return will be on the day prior to Tisha B'av?
A. Shulchan Oruch (O.H. 551: 2) rules that from Rosh Chodesh Av one should decrease business activities. Mishnah Berurah (ibid. 11) quotes two opinions if this pertains to joyful acquisitions but permits ordinary day-to-day business pursuits or those are also included and one is only permitted to carry on as far as one needs for his normal livelihood. After apparently siding with the last view, Mishnah Berurah in the name of Pri Megodim adds that attending a time sensitive market fair is acceptable, as its avoidance would constitute a loss. He further states, that in our days we are lenient in all business activities as they all can be considered normal livelihood.
Horav Shlomo Miller's opinion is that if the trip cannot be reasonable postponed, it is permitted even when it involves traveling on Erev Tisha B'av.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. I have heard stories of people who were in economic despair and were told by their Chasidic leaders to buy lottery tickets, is that correct or recommendable?
A. Indeed there are a number of such stories recorded of people in need that approached tzadikim for a brocho before or after purchasing a lottery ticket.
Chedvas Hachaim (p.62, quoting from Shaal Ovicho) relates such a story where Rav Elchonon Wasserman Zt"l blessed an individual with a very singular brocho. See also Chofetz Chaim (Maasey Lemelech p. Voeschanan) for a similar tale. Magid Devorov Leyaakov tells an anecdote from the Biaaler Rebbe Zt'l advising a chosid to buy a number of winning tickets. Margolyos Hashas (p.444) in the name of Rav Yitzchok of Boohosh Zt"l on a ticket bought by his Rebetzn. See also Kovetz Maamorim B'chochmo (p.153) quoting a story of Rabbi Yisroel Salanter Zt"l on having real faith and many others.
They all follow the ruling expressed in the prior answer, namely that many Poiskim including Horav Shlomo Miller's Shlit"a rule that raffles and lotteries founded by Gentiles are generally permitted. When Jewish institutions promote them, if most of the monies raised are destined for Torah or Tzedoko organizations, they are acceptable, since one is in any case pleased to donate to them.
Rabbi A. Bartfeld As revised by Horav Shlomo Miller Shlit"a
Q. How come many religious institutions offer bingos and sell raffle tickets, is that not a form of gambling?
A. As mentioned in the prior answer Remoh (Shulchan Aruch C.M. 370:3) writes that the accepted custom is that if someone has another established gainful occupation he is allowed to gamble.
However, Igrois Moishe (O.H. 4:35, E.H. 3:40) writes "playing cards or bingo (on a hall attached to a Shul), although there is no clear prohibition involved, they are considered repulsive wherever you play them and are like a "Moshav Letzim".
Rabbi Berel Wein (torah.org) writes: "Many rabbis opposed this type of fundraising activity, saying that holiness should not seek to find its support in basically unholy projects. However, the practicalities of the expenses of operating synagogues and especially schools soon overwhelmed any moral objections and Jewish sponsored "Bingo", raffles, and even Las Vegas nights became accepted practices in Jewish institutions in the United States and Canada. The objections raised to this type of fundraising have never disappeared. They have merely been ignored".
Bingos are not to be compared to raffles or lotteries. Peri Haaretz permitted the raffle of a Sefer Torah, when the scribe has difficulty selling it under certain conditions. Similar opinions are to be found in Pischey Teshuvo (Y.D. 270: 5), Divrey Malkiel (5: 147) and others.
Rav Poalim,(2:30) quotes Chavos Yoir (61) who allowed his students to raffle off a golden kiddush cup. He allows the raffle of a specific object, as opposed to money. The "Mifal Hapayis", Israel's lottery where the prize of the raffle is not a specific object but rather a percentage of the money raised from selling the draw tickets is the object of contemporary Poiskim debate. Yabia Omer (H.M. 7:6) prohibits while Tshuvos Vehanhogos (C.M.4: 311),Yaskil Avdi (Horav Ovadiah Hadia Zt"l, Y.D. 8:5) and many others permit.
Horav Shlomo Miller's Shlit"a opinion is that raffles and lotteries established by Gentiles are generally permitted. When promoted by Jewish institutions, if most of the monies raised are destined for Torah or Tzedoko organizations they are permitted, since one is in any case pleased to donate to them.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. I assume from my rudimentary Jewish education that it is not permitted, but I have a couple of religious orthodox acquaintances that occasionally when on vacation play at the Niagara casinos, are they at fault?
A. Halacha generally looks disapprovingly on gambling. The Talmud (Sanhedrin 24b, Rosh Hashana 22a, Eiruvin 82a) writes that someone who earns a salary from gambling is unacceptable as a witness in a Jewish court. Two reasons are provided; a) the person who lost the bet did not wholeheartedly intend to pay. The winner's earnings are then considered a form of thievery. b) He engages in an occupation that does not promote any benefit for society.
Remoh (Shulchan Aruch C.M. 370:3, 207: 13) writes that the accepted custom is that if someone has another established gainful occupation he is allowed to gamble (see next answer). Sephardic Poskim mostly are stringent.
However when the gambling is carried out in a casino, club or other such dedicated social enterprise, there are certainly other added proscriptions to consider. Gaming establishments tend to attract unsavory types who like to divest and boast ill-gotten gains. The milieu and spirit that permeates those gender mixed nightspots are the total antithesis of what the character of our Torah represents.
They would certainly qualify as the proverbial "Moshav Leitzim"(Psalms 1:1) "neither did he stand in the way of sinners nor sit in the company of scorners". See Mogen Avraham (307:22) and Mishna Berura (307:59) for a comprehensive view of the prohibitions involved.
There may be an added prohibition of supporting someone doing a wrong, as the devastation that casinos have wrought on many unfortunate individuals and their families is well documented.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a.
Q. I live on the top floor of a 3-floor apartment building. I found a common small bouncy ball on my porch without any identifying marks other than the color. In the local children's store I can find dozens like it.
When the youngest child of my downstairs neighbor used to be little, we used to find many objects of his on our porch that he used to throw there. I asked my downstairs neighbor if it belonged to any of their grandkids (thinking that this throwing custom might have been passed down to the next generation) but was assured that it did not come from them.
Although it definitely came from someone else, do I have to continue to inquire from my other neighbors if it belongs to them or can I dispose of it as I see fit?
A. There are a number of sfeikos or doubtful conditions involved in deciding the correct way to deal with the found ball.
It is possible that the ball belongs to an adult, then regardless of whether the owner is Jewish or no, since the ball does not posses an identifying mark or siman, it does not have to be returned, as the owner will lose all hope of it being given back to him (since he cannot prove his ownership) and this state of "yiush" (or giving up) acquires the found object for the finder.
If a minor lost it, then if the majority of the residents are Gentiles the same law applies. However, if it is likely that it belongs to a Jewish minor who does not posses the capacity for "yiush" (Shulchan Aruch C. M. 260: 6), Nesivos Hamishpot (ibid. 11) rules that an unidentifiable belonging to a child must be returned, if and when witnesses appear to prove it is his. Some Poiskim disagree (see Divros Moishe C. M. 21: 3, Hakatan Vechilchosov 67: 6).
There may be another mitigating factor for not being obliged on safekeeping the ball forever. It considers the fact that ones property does not acquire objects against ones will. Since you cannot comply with the mitzvah of returning the object, as it does not have a "siman", you may have never wanted to acquire that object in the first place, and therefore you are not liable for its return.
Horav Shlomo Miller Shlit"a suggest to simply leave the ball by the curb.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. I have noticed that at Mac's Milk there are machines which sell slurpy's. Above the machines there are certificates from MK (Montreal Kosher) which shows a list of flavors which are kosher.
The question is, being that the store is owned and managed by Nochrim and there are no mashgichim present, and it is open 24 hours a day and seven days a week, Is there any heter to drink these slurlpies? And if yes, why is this different that a Nochri inviting me to his house and giving me to drink flavoured ices and for him to tell me that it's kosher., does he have any ne'emanus?
This is extremely noge'a as many in thornhill drink this slurpies during the summer months, especially frum camps, schools, and families.
A. We send your query to MK and COR and hereby follows their reply;
Thank you for your email. Companies that are using these machines are legally bound to only use the flavors & product supplied by those companies who are supplying the machines. Spot inspections also take place to ensure that they are only using the correct product certified by ourselves.
Should the company be found in contravention, they would immediately lose the rights of using the machines and products
Below is a link to our article about "Slurpee" concerns. You should know that our experience has shown that Coke" and "Sprite" slurpees have never posed a problem. This is not to say that you should avoid the other recommended flavors.
In general there is less of a concern with contamination in a public/industrial setting then in one’s personal house.
Q. I am looking for work and during my networking conversations I've been put in touch with someone from a German firm. I'm thinking I should not pursue this. Would you agree?
A. Horav Shlomo Miller's Shlit"a advise is to check the history of this particular company to ascertain if a questionable background, relating them to war crimes or Jewish persecution during the Holocaust evolves. Even if it this is confirmed there would not be today any Halachik prohibition to be employed by them. However, it may involve questionable feelings and a dubious sense of propriety and moral correctness.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. I have a question that was posed to me during a discussion with an acquaintance who is Jewish but a self proclaimed atheist and leftist. He managed to bring up the issue of gay marriage in Israel and asked this:
"we routinely marry sabbath-breakers in Orthodox synagogues. We marry people who openly and brazenly eat on yom kippur and eat hametz on pesach and eat cream-drenched pork dishes in public. Where's the outrage?
Seems odd to me (actually, totally predictable, really) that the taboo against gay people persists, while we openly tolerate sabbath-breakers, adulterers, parent-cursers, linen/wool mixers, and all kinds of other people who commit biblical abominations on a daily basis."
I wasn't quite sure how to answer him.
A. - On a recent question (257 on this forum) regarding a similar situation we wrote; Many Poskim maintain that there is no prohibition on arranging, helping or being mesader kidushin (performing the wedding ceremony) of a couple that does not observe taharas hamishpacha (family purity laws). Many require that the couple should commit to at least go once, prior to the marriage to the mikvah. (Minchas Yitzchok 1,10 – Chelkas Yaakov 1, 23 - Sridey Eish 2, 57 and 3, 28 – Hapardes year 13 vol. 5,7, 11 and year 23 vol.1 - Hilel Oimer Y.D. 67 - Hashavit Y.D. p.167.
The same would apply to "people who openly and brazenly eat on Yom Kippur and eat chametz on Pesach and eat cream-drenched pork dishes in public", as performing their marriage ceremony is unrelated to their violations and does not directly involve placing a stumbling block before the blind (the prohibition of lifney Iver – Vaykro 19:14) or assisting them in doing something prohibited.
The same clearly cannot be said on gay or same sex marriages as in the eyes of Halacha that nuptial union does not exist and the intimacy itself is severely prohibited.
However if a person who suspects he/she has gay or lesbian tendencies and resolves to enter into a normal heterosexual marriage, he/she must inform their prospective spouse of their suspected condition, at the time their courtship becomes viable. It is essential at the very onset they consult the guidance of a competent Rabbi as all cases differ from one another.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. After meals on Shabbos, is it okay to use some liquid dish detergent?
A. Horav Shlomo Miller Shlit"a ruled that when soaking dishes in cold water is permitted on Shabbos (see prior question) it is also permitted to add liquid soap to the water when needed now to avoid foul odors or attracting insects.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. After meals on Shabbos, is it okay to lightly soak soiled dishes with cold water?
A. It is forbidden to prepare on Shabbos for the weekdays even on arrangements that do not qualify as melochos by themselves, and involve only slight effort such as soaking dishes or fetching wine (Mishna Berura 503: 1).
However when there is a likely possibility that they will be still needed during Shabbos, even after Seudo Shlishis (ibid. 323: 28), or they create a foul odor or will attract insects, they could be soaked in cold water as needed.(Sh'miras Shabbos Kehilchoso 12: 2)
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. A food item which cannot be eaten raw is soaked in sugar for several days (or heated in water under 40 degrees celcius) and is then dried by a goy at app. 76 degrees celcius. Is this Bishul Akum? At the stage prior to drying nobody eats it because it is too sugary and it is not in its final stage, but it is technically edible. The Mogen Avrohom in siman 203 seems to indicate that it has to be that people eat it in this form. L'halacha does it suffice if it is edible before the drying process?
Sweetened dried cranberries. Some companies soak them for three days in sugar, some soak them in low heat 30-40 degrees (celcius) and some soak them at higher temperatures. All these companies then dry them at high temperatures.
A. About 95 percent of cranberries consumed in the United States are processed, most commonly for juice and juice blends (Agricultural Marketing Resource Center – March 2012). Because of their natural tart taste only about 5 percent are consumed fresh.
Shulchan Oruch (113: 12) quotes different opinions in regards to the Bishul Akum prohibition on food that can be eaten raw only in difficult circumstances. Remoh (ibid.), Kaf Hachaim et al. permit in need.
Horav Moishe Heinemann Shlit"a mentions that canned cranberry sauce may not be Bishul Akum as it would not be served in banquets at the White House (Star K On Line – Food Fit For A King). In note 1 he adds; "Even though the White House may never use canned foods, if the food was first cooked before the canning process, then at that time it is perfectly fit for use at a state dinner and the subsequent canning does not remove the proscription of Bishul Akum"
Some Poiskim further permit dried fruits as the process of drying is not necessarily bishul (see; Teshuvos Vehanchogos O.H. 3: 249 – D'var Yehoshua 1: 11: 11)
There is an opinion, albeit unconventional and not accepted by itself, that maintains that the food produced by incorporated companies is not affected by the bishul akum prohibition (P'amey Yakov, Kovetz 1, 5768)
Rabbi Dovid Rosen, in answering our query wrote that: COR policy is that cranberry products don't have an issue of bishul akum.
Horav Shlomo Miller's Shlit"a opinion is that since cranberries can and are eaten fresh, at least by some, bearing also in mind that in their canned or dried presentation they may not be considered "fit for a king" and that their process may not involve bishul at the necessary temperature or even be bishul at all, you can be lenient as long as other aspects of Kashrus certification are met.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Important Numbers
