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#615 The Ultimate Theft?
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Q. In a case of a divorced couple, can the ex-wife who is still a client at the fertility clinic where they attended IVF treatment, continue the treatment without her ex-husband knowledge or consent?
A. Horav Shlomo Miller's Shlit"a opinion is that it would constitute an act of gezel (stealing) and it is totally prohibited. (Horav Itzchok Berkovits Shlit'a expressed a similar opinion)
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 9/19/2014 12:12 PM |
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#614 Bull-Market for Pruzbul?
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Q. Is there a point to make a Pruzbul at the beginning of the Shmita year?
A. In principle the lender can write a pruzbul and give over his loans to Bais Din at any time he wills, even years before the beginning of the shmitta year. However the pruzbul will only have an effect on loans made before this pruzbul was signed. Poiskim disagree as to when shmittas k'safim or the cancellation of debts instructed by the Torah takes effect. Most maintain that it is only at the end of the shmita year and it is then that the pruzbul should be signed. (Rambam – H. Shmitta 7, Shulchan Aruch C.M. 67: 30, Chinuch 477 et. al.) The Chasam Sofer (C.M. 50) testified that so was his and mentor's minhag. Shaarei Tzedek (21: 9) writes that this was and still is the Yerushalmi tradition and it is the most accepted custom worldwide.
However, the Rosh (Gittin 4: 10) and Tur (C.M. 67) and others maintain that the prohibition to collect loans takes effect already at the beginning of the shmitta year, therefore the pruzbul would have to be written before the end of the sixth year. Nitey Gavriel (Shmitta p. 16 ) quotes Minchas Yitzchok mentioning that the Chasidim of Lubavitch following the opinion of the Shulcham Aruch Horav and the contemporary Rebbe that one should make two puzbulin, one at the end of the sixth year and another one at the end of the shmitta year.
Horav Shlomo Miller's Shlit"a opinion is that one should do the pruzbul as is customary by the end of the shmitta year. Yechidey segulah who feel close to Hashemt could be stringent and do it before the beginning of the seventh year.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 9/12/2014 4:17 PM |
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#613 No Vehicle Stand
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#613 No Vehicle Stand
Q. If you are sitting in the car and you see an elderly person walk by, do you have to stand up for them?
A. A car is considered a separate reshus or domain in regards to Hilchos Shabbos (Mogen Avrohom 266: 7 in regards to a chariot, Aruch Hashulchan ibid., 39 Melochos p.1242: nt. 200) and other matters, therefore being in another domain you are exempt (Mishp'tey Hasholom p.31 notes)
Horav Shlomo Miller's Shlit"a added that honoring someone in the above situation, may not be considered derech kovod, (Kima shyesh bah hidur Y.D. 244: 4) or the proper way to honor the elderly.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 9/12/2014 4:17 PM |
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#612 A Sepulchral Call
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Q. Do you have to go in the day of the shloishim to visit the kever?
A. Although Shulchan Aruch (Y.D. 344: 20) mentions that one should attend the kever on the day of shloshim, he could be referring only to the exceptional leaders of Klal Yisroel. See however Ma'avar Yavok, Nitey Gavriel (Avelus 2: 37; 3) Mourning in Halacha (p.340) and others that it is customary for all to visit the burial cite.
Horav Shlomo Miller's Shlit"a opinion is that, this like many of the halochos of avelus, depend on each family's tradition.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 9/12/2014 4:16 PM |
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#611 Is it All Good?
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Q. What is the correct pronunciation on the goimel brocho, kol toiv or kol tuv. Most people say tuv, but in sidurim it says toiv?
A. Horav Shlomo Miller Shlit"a stated that the sidurim are correct and "toiv" is the right pronunciation.
Dikduk teaches that when the noun Toiv becomes an adjective (shem toar) and qualifies or modifies a noun, it will change to Tuv, for example: "Tuv Eretz Mitzraim" (Bereshis 45: 18) etc., by itself it is read Toiv.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 9/12/2014 4:15 PM |
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#610 Ovel Recites Hagomel?
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Q. Someone who is in shloishim for his father and his wife gave birth does he make sheheheyonu and does he bentch goimel?
A. Shulchan Oruch (O.H. 223: 1) rules that when a son is born one recites Hatov Vehametiv. For a daughter Mishna Berura (ibid.) suggests to recite shehecheyanu. Mogen Avrohom (551: 42) writes that that an ovel is allowed to recite this brocho. Be'er Moshe, (4: 74) Nitey Gavriel (2: 25: 13) and others opine that this includes the shiva period as when fulfilling a pidyon haben mitzva. There are a few exceptions such as the public brocho in shul when lightning the menorah or reading the Megila, since these are subject to a greater degree of simcha and joy. (ibid.)
Some have the minhag to recite hagomel after one's wife gives birth or when the yoledes attends shul for the first time. (Mishna Berura 219: 17) Horav Shlomo Miller's Shlit"a opinion is that there is no restriction for an ovel during shiva to recite hagomel when a minyan is present.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 9/12/2014 4:14 PM |
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#609 What Hashem Won't Do for You
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Q. I recently heard in a Torah tape that Hashem does not create Kedusha or consecrate Himself things only people do and that is why Yeushalaim, Olam Haba, resurrection and Moshiach are not mentioned in the Torah, since they are not inherently holy and would not exist without human consecration. Is that really true? How about Shabbat, Mount Sinai and the Luchos?
A. Horav Shlomo Miller Shlit"a indicated that although kedusha on korbonos and kisvei kodesh (Sefer Torah, Tefilin and Mezuzohs) depends on the action of people and do not become kodosh by themselves, it may not be necessarily true on other instances. He pointed out that permanent kedusha is usually connected and a results from Torah learning. (Nefesh Hachaim, Sha'ar 4 ch. 30)
Meshiv Dovor (2: 80) does indeed sustain the above principle in regards to kisvei kodesh and questions it from kedushas bechor that occurs by itself. However a bechor has to be the property of a Ben Yisroel to become holy, so at some point of the bechor's background the action of a human kinyan must have occurred for it to become kodosh.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 9/12/2014 4:13 PM |
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#608 Proper Rip
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Q. Is the keriah done on the lapel of a jacket a proper rent?
A. Although it is a common tradition to tear only the lapel of a jacket even when mourning for parents, some Poskim maintain that a lapel is not regarded as the "begged" (garment) proper even when used to cover ones neck and chest in cold weather. (Zichron Eliahu quoted in Mourning in Halacha p. 94)
Horav Shlomo Miller's Shlit"a opinion is that on the onset (lekatchila) the rent should go over to the jacket itself, specially when done for parents avelus, when the requirement of "megaleh livo" (uncovering the heart) applies.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 9/12/2014 4:12 PM |
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#607 Ovel Leftover
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Q. Can uneaten, leftover food from a COR supervised restaurant or caterer be taken out of a shiva house (a frum family known in the community) during the week of shiva so that the food will not be thrown out and the food will be donated to needy families?
Thank you,
A. There are different opinions in the Poskim as to taking out objects or food from a shiva house. It is accustomed not to because of the unfavorable spiritual influence (ruach ra'ah) that rests on the location. (Mourning in Halacha p. 179) Some maintain that this applies only if the death occurred in that house. (Ch. R' A. Eiger 37b, Even Yaakov 44: 3, Bais Lechem Yehuda and Mourning in Halacha ibid.) Other Poskim maintain that the tradition of not taking things out of the mourner's house has no basis in Halocho at all. (Yosef Ometz, quoted ibid.)
Horav Shlomo Miller's Shlit"a opinion is that from the onset of the shiva, the avelim should request or put up a sign stating that unused food contributions will be donated to people or institutions in need. Therefore, since that becomes the intention of the donors it is permitted to remove them from the shiva house. If that was not done the food should still be contributed, as ba'al taschis (wasting) is according to many a biblical prohibition.
The Rov Shlit"a also pointed out that once the food products are delivered at the shiva house they may not be anymore under any institutional kashrus supervision and you may be just relying on the ne'emonus and credibility of the house dwellers.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 9/12/2014 4:11 PM |
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#606 Out of the Hands of Babes
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Q. My 9 month old baby likes to stick his hands in my mouth. Should i be worried about ru'ach rah and need to wash his hands in the morning? If not at what age does one need to start to wash children's hands to remove ruach ra'ah?
A. Shulchan Aruch Horav mentions that customarily we are lenient on using food that was touched by children that did not wash netilas yodaim after they wake up. He explains that the reason hands become impure is due to the partial departure of the neshama during sleep, which releases in its wake a spirit of tumah. After the neshama returns the ruach hatuma is contained only on the hands. Since the main and finishing entry of the neshama on the human body is when one reaches the bar or bat mitzvah stage, we are lenient in permitting food touched by children that did not yet reach the previous chinuch phase (usually 6 – 7 years old, however Divrei Sholom {p. 12} cites the age of nine years).
Kaf Hachaim (O.H. 4: 22) expresses a similar opinion. However he quotes the Chida that mentions that even small children should have their hands washed and should not contaminate all things they touch. So is also the opinion of P'ri Megodim (in Mishbetzos Zohov 4: 7) adding that "chamiro sakanto meisuroh" (danger supersedes prohibitions) and he therefore does not understand why many are lenient on washing the hands of small children. (See also Vehaish Mordechai p. 10 who quotes in the name of the Ben Ish Chai and others the many inherent "segulos" and spiritual benefits involved in the early beginning of netilas yodaim, adding that one should wash their hands preferably from the day of the bris milah on. This is quoted in brackets on the Rav's Shulchan Aruch too)
Horav Shlomo Miller's Shlit"a opinion is similar to the Shulchan Aruch Horav quoted above.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 8/29/2014 2:53 PM |
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#605 Machine Made Neder
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B"H
Shalom,
Q. Dear Rabbi,
On the answering machine, sometimes people leave a message that they will answer as soon as possible. Isn't there an issue with a potential neder in case the caller represents a pesky marketing company and the person does not want to call them back? Isn't it better not to leave a promise to return the call?
Thanks,
Hodesh tov!
A. Horav Shlomo Miller Shlit"a indicated that a recorded message offering to call back is not a neder or promise at all. Since a main purpose of an answering system is to filter wanted from unwanted incoming calls, it is tacit and implicit that not necessarily all calls will be replied to. It is also obvious that only the calls that matter to you will when possible eventually be addressed.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 8/29/2014 2:51 PM |
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#604 To Refuse Refuse
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Q. I was on the way to bring out one last bag of garbage to the garbage can before it was picked up this morning. When I got out side the truck already had passed. Am I allowed to put my garbage into someone else's garbage can on the other side of the street which was not yet picked up yet or is that some form of transgression?
A. After consulting a group at random, it became apparent that most of the questioned would not mind someone leaving well-bagged recyclables by the curb next to theirs. Since there is no extra charge and no damage, littering or harm is incurred. This will evoke the principle of "zeh nehene vezeh lo chosar", meaning one should grant a favor to a friend if he does not suffer any damage or loss.
However most minded a stranger using their garbage or recyclable containers. If that is generally correct, Horav Shlomo Miller's Shlit"a opinion is that you may place well bagged recyclables on the curb next to his, but not garbage if there is an extra charge or you are using the neighbors bin.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 8/29/2014 2:49 PM |
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#603 Learning and Praying
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Q. If one is learning in a shul and a minyan starts, for which parts of davening does one have to interrupt his learning in order to respond?
A. There are some contradictory issues involved in this question, such as the obligation to answer kadish, kedusha and amen. As opposed to the principle of "osek bemitzva potur min hamitzva" since one learning Torah is already complying with a great mitzvah that should exempt him from having to do another.
Betoroso Yehegeh (3: 3 p. 73-75) quotes Horav Chaim Kanievsky Shlit"a that although one is not obligated to listen to a baal tefilah once he has already completely finished davening, if he does hear kadish or kedusha he has to answer. This is similar to interrupting his learning in order to comply with any passing mitzvah that cannot be observed latter. Pischei Teshuva (O.H. 124: 5) rules that one does not answer Baruch Hu Ubaruch Shemo while learning, but although there are dissenting opinions we must answer omen. Rivavos Ephraim (O.H. 15) quotes contradicting opinions; Horav Eliashuv's Zt"l rules that one need not answer omen in the middle of learning while Horav Moshe Feinstein Zt"l disagrees.
When listening to an ongoing tefilah while learning in an adjacent room, Teshuvos Vehanhogos (O.H. 5: 23) opines that although no transgression was incurred by not answering a dovor shebek'dusha while in another site, there still remains a positive mitzvah to answer if you hear. However, being occupied with Torah learning will exempt him the from having to answer.
When a group is involved in Talmud Torah d'rabim, the learning of many is more significant (Remoh O.H. 106: 2, in regards to reading of the Shema) See also Igrois Moishe (O.H. 3:83) that the shiur attendants do not have to recite the thirteen middos together with the minyan.
However, Betoroso Yehegeh (ibid.) quoting again Horav Chaim Kanievsky Shlit"a mentions that if the group hears they have to answer even omen, nevertheless they should concentrate in the shiur and then they don't have to reply.
Horav Shlomo Miller's Shlit'a opinion is similar. If one does hear the kadish, kedusha, and borchu recitation while learning he has to answer. In hearing kedusha only kadosh, boruch kevod and imloch need be answered. Saying omen is restricted to having heard the brocho or at least knowing on what he is saying omen.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 8/29/2014 2:48 PM |
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#602 Public Servant or King?
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B"H
Q. Shalom, Dear Rabbi
Re- prior question. Can you choose a Ger to be the principal of a school?
A. Rambam (Melachim 1: 4) rules that besides a king we do not appoint a ger to any position of authority, such as a minister of the army, a leader of fifty or even ten We don't even appoint him to be in charge of the water distribution in the fields, not to mention a judge or a nations leader. Although this halacha is only recorded in Shulchan Aruch in regards to the enforcement of the law by proper Dayanim, it is generally accepted that it applies universally.
Igrois Moishe (Y.D. 8: 26) addresses the question of whether a convert can be nominated as a teacher, magid shiur, mashgiach or even a Rosh Hayeshiva. He rules that the Torah ordered us to bring close, love and help the convert and therefore one should be lenient in their treatment and care.
He debates whether the appointments mentioned above, really reflect today the authority and command of a king; maybe the power invested to admit or reject a student is only part and parcel of the job they were hired to do. This would be similar to the authority given to a manager over workers that could hardly be called a ministerial or ruling position; it is after all only a job. He also mentions that the ger does not have to abstain from accepting such a position when offered.
In a lengthy teshuvo Lev Aryeh (2:21) ponders directly with this question and tries to find a reason why choosing a ger for a school director would not incur a biblical prohibition. He reasons that a school director has not absolute authority and is limited to the decisions of the school board and the bylaws that rule such institutions. (See also Kovetz Haposkim 1: 7: 3 for similar rulings.)
Horav Shlomo Miller Shlit"a advises that when hiring a convert for a directorial position, to avoid incurring into the above predicament, one should specify in the contract the necessary limitations of authority that make it clear that it is not an unassailable and self-determining commanding position akin to the appointment of a king.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 8/29/2014 2:24 PM |
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#601 A Big-Ger King?
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Q. Can a Ger be a king?
A. Rambam (Melochim 1:4) based on Talmud (Yevamos 45b, Sotta 41a) rules that we may not appoint a king that is a descendant of converts, even after many generations, unless or until his mother is Jewish. The Rambam quotes as his source the verse: (Devarim 17: 15) "You cannot place over yourself a foreign man, who is not your brother" which would indicate that if his mother is Jewish he is called a brother.
However Horav Shlomo Miller Shlit"a pointed out that not all agree (see Hagohos Maimoyi ibid.) quoting another source mentioned in Tosefta, mainly that he must fulfill also the positive commandment of Mikerev Acheicha, meaning the chosen and best of your brothers and even if his mother was Jewish he would not qualify.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 8/29/2014 2:18 PM |
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#600 Pray As They Go
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Q. There are two organizations here in Eretz Yisroel, one called; Elef LaMateh, and the other; The Shmirah Project.
Basically, their intent is to match Israeli soldiers with Avreichim and bachurim learning. Each Avreich and Bachur who volunteers, receives the name of a specific soldier (his name and his mother's name) that he takes responsibility to daven for and learn specially for so that in the merit of the tefillos and learning, that soldier will merit to return home alive and well.
A. Horav Shlomo Miller's Shlit'a opinion is that it is a great mitzva to pray, learn Torah and accomplish mitzvos for the benefit of all our brethren B'nay Yisroel in times of peril and need, especially for those who put their life in harm's way to save and protect others.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 8/8/2014 2:32 PM |
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#599 Slip Up Must Go Back
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Q. The shliach tzibur on mincha of Shabbos forgot to say the third brocho of ato kodosh and began with ato echod, after a few sentences when called to attention he went back to ato kodosh. Given that the first three brochos are considered like one, did he have to restart shemone esreh from the beginning?
A. Remah (O.H. 114: 6) rules indeed that the first three brochos are considered as one. Mishna Berura (ibid. 34) restricts the above to reciting the wrong ending such as hakel hakadosh instead of hamelech hakadosh or any other wrong brocho ending but not to a mistake in the middle of the brocho. On a similar shaile, Imrei Yosher (2: 9: 11) opines that if one ended the third brocho with Chonen Hadoas instead of Hakel Hakadosh , he should return to the beginning of the Amida.
However, Maharsham (4: 148) quoting Shoel Umeshiv (I: 3" 171) in an analogous question where Hakel Hakadosh was substituted erroneously with Mekadesh Hashabbos, maintains that you only have to return to the beginning of Ata Kadosh. He argues that this is not considered a mistaken ending because he actually thought that he was already in the middle brocho. He adds another reason namely, that finishing with the wrong brocho is like not saying anything at all and he is considered as not having ended the brocho. An erroneous Hakel Hakadosh is different since it is the normal ending of the brocho.
Maadanei Yom Tov (P. 49) also rules, in a case where the mistake was on the ending of the last brocho (Sim Shalom) to return only to the beginning of that last brocho (he also mentions as reasons; Tircho Detziburo and sofek brochos). A similar psak is to be found in Tzitz Eliezer (12: 10).
Horav Shlomo Miller Shlit'a also maintains that you don't have to return to the beginning of Shmone Ezre. This seems to be the common custom in most communities today
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit"a
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Posted 8/8/2014 2:32 PM |
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#598 No Work And No Play
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Q. Our daughter works at a day summer camp it is mainly secular but some of the participants are frum. Can she work on Tisha Beav, given that she would loose her wages for that day?
A. Shulchan Aruch (O.H. 554: 22) mentions two traditions in regards to working on Tisha B'av. Remoh and Biur Halocho (ibid.) rule that today it is the generalized custom not to do any work until chatzos (mid-day). However, work that if not done will create a loss (Dovor H'ovud) is permitted as in Chol Hamoed (Shulchan Aruch ibid. 23).
Horav Shlomo Miller's Shlit"a opinion is that although it is not a Dovor H'ovud for your daughter unless there is a possibility that she may loose her position, it is for the campers who will lack their person in charge. Besides there may not be any melochos involved, if they can abstain from writing, drawing or similar activities.
Moreover, the reason work is prohibited is to avoid disregarding and ignoring the mourning of the Churban Bais Hamikdosh. Since this is a Jewish summer camp, albeit secular, teachings and stories of the meaning of the day could be included in the program, especially if there are some frum attendants.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit"a
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Posted 8/8/2014 2:31 PM |
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#597 A Came Out in the Wash Shaileh
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Q. So we're going out of town for a simcha immediately after Tisha b'av (after netz minyan on Wednesday). The bar mitzva is Wednesday night. Would my cleaning lady then be allowed to do our laundry on Monday or on Tisha B'av after chatzos so that we have what to wear on our trip? (I won't be staying by family; we are being put up, so I don't really feel comfortable asking to use their machines)
A. Horav Shlomo Miller's Shlit"a opinion is that in need it is best to launder Motzei Tisha Beav even if you do it yourself instead of using a Gentile on Tisha Beav, erev Tisha Beav or during the week when Tisha Beav occurs. If that cannot be done, it would then be better to launder using a Gentile on the week prior to Shabbos Chazon. Any laundering is restricted to what you actually need and cannot be postponed until after Tisha Beav.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 8/1/2014 2:48 PM |
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#596 Car Caring in the Nine Days of Mourning
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#596 Car Caring in the Nine Days of Mourning
Q. If there is a sale on a new car that will not be available after Tisha Beav, can you give a deposit and sign the purchase agreement during the nine days if you take possession of the car after Tisha Beav?
A. On question 100 on this forum we wrote: "Igrois Moishe's (O.C. 3, 80) opinion is that if the car is a pleasure vehicle, one should avoid acquiring it during the 3 weeks, as he has to pronounce the brocho of Sheheheyonu when taking possession. However if it's primary use is as a business vehicle, like a truck or van, it would be permitted. Darchei Hoiroho (Bein Hametzorim 14) permits buying a car for a family man until Rosh Chodesh. (see also Ribabos Efroim 3,3).
Horav Shlomo Miller's opinion is that if one takes delivery of the vehicle after Tisha B'av it is permitted until the nine days begin, as no brocho will be recited yet."
Also it should be noted that there is no prohibition to recite Hatov Vehameitiv during the three weeks, and one may therefore make a purchase that will benefit a group of people. However, during the Nine Days any purchase that provides enough joy to qualify as "Binyan Shel Simcho" should be avoided and no Hatov Vehameitiv should be recited. (Igrois Moishe ibid.).
When this could not be achieved before the Nine Days, Horav Shlomo Miller's Shlit"a opinion is that in case of need one may still sign a purchase contract. However, he should condition his signature on the contract and the deposit of monies, to only agreeing to purchase the car in the near future, not actually buying it and owing it now. Therefore until he takes possession of the automobile the ownership will remain in the hands of the vendor.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a.
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Posted 7/31/2014 1:17 PM |
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Important Numbers
