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Have a question? Send it in! Questions are answered by Rabbi Bartfeld.
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#195 - Can a group dividing up a Tractate make a Fleishig Siyum during the 9 days?
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Q. Can a fleishig siyum be made if each one in the group learned only a few dafim leiluy nishmas a friend and then they joined for the siyum?
A. The source for celebrating the conclusion of the study of a tractate of the Talmud is found on the tractate Shabbat (118b): Abaye said: "May I be rewarded for that when I saw that a disciple had completed a tractate, I made it a festive day for the scholars". I would seem from this saying that we are considering the study of an entire tractate by at least one individual, although many may be learning together. Igrois Moishe (O.C. 1:157) proving why we may do a siyum banquet on the termination of a mitzva that involves a lengthy time span, quotes the Talmud and Rashbam in Baba Basra (121). It mentions that the 15 day of Av was considered a day of rejoicing, as it marked the conclusion of the cutting of the wood needed for the altar. Igrois Moishe explains that it was not made a compulsory day of celebration or a occasion that requires a seudas mitzva, since no single individual cut the whole wood supply required, rather it was done by many.
Horav Shlomo Miller's Shlit"a opinion is that indeed, we require at least one individual to complete the whole tractate, and then the many who are friends or related acquaintances, may join for the seudas mitzvah.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 7/22/2012 5:18 PM |
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#194 - Signing the "waver of conditions" during the three weeks or nine days.
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Q. On the process of buying a property, can someone sign the "waver of conditions" during the 3 weeks or the nine days? Can you sign up for a mortgage then? Does it make a difference if it is a residential or a commercial property?
A. Shulchan Oruch (O.C. 551:2) rules that on the nine days we restrain from engaging on constructions that bring enjoyment. Mishna Berurah (ibid 7) quotes Magen Avrohom that this includes any construction that is not essential for normal living purposes, but is done for superfluous and gratuitous utility. Mekor Hachaim (ibid.) and Devar Yehoshua (2:73) permit the construction of structures for commerce or rental intent.
Horav Shlomo Miller's Shlita opinion is that signing a waver of conditions or signing a mortgage for commercial purposes is permitted even during the nine days. For residential necessity, it would be permitted only in compelling circumstances where one can not wait until after Tisha Beav.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 7/18/2012 2:03 PM |
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#193 - Correct Nusach for Bircat Hachodesh when Rosh Chodesh is on Eruv Shabbos.
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Q) What is the correct way to say this Shabbat on Birchat Hachodesh, "Bayom Hashishi" or "Bayom Erev Shabbat Kodesh – Hava Alenu Letova"
A) Most recorded and printed luchos and guides mention "Bayom Hashishi" (Luach Davar Beito, Luach Meaggel Hashana – Minhagey S’kvere, et al.). However, Yerushatenu, an ample guide to Ashkenazi (German) minhagim quotes from Divrei Koheles, that the tradition of Kehilas Fulda was to announce; "Bayom Erev Shabbat Kodesh" (p. 131).
Most Rabbonim in this city answered that they say "Bayom Hashishi", a few, that maintain nusach s'fard (Chasidim), responded; "Bayom Erev Shabbat Kodesh".
Horav Shlomo Miller's Shlit"a opinion is to announce "Bayom Hashishi", as we normally say in Shir Shel Yom.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit"a
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Posted 7/18/2012 1:59 PM |
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#192 - Giving presents during the three weeks.
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Q. Can you give a Bar Mitzva or birthday present that was already purchased before the 3 weeks? Thanks.
A. On a prior answer we wrote: "Shulchan Oruch (O.C.551: 17) rules that it is better to abstain from reciting the blessing of Shechecheyanu during Bein Hametzarim (the three weeks). Mishna Berurah (ibid. 98) in Magen Avrohom name explains, that since these are days of desolation, it is improper to bless in them that particular brocho". It is indeed unlikely that someone would recite Shechecheyanu over a Bar Mitzva or birthday present.
Mishna Berurah (554:41) prohibits sending a present to a friend on Tisha Beav. It would seem that on the prior days it is permitted. However Mishna Berurah may be referring to a gift that does not generate Simcha, and is only forbidden because of the ban on Sheilas Sholom or greeting in Tisha Beav, where this particular halocho appears.
Darchei Hoiro'o (p.39) permits giving during the nine days, Bar Mitzva presents or gifts to a teacher at the end of a school year.
Horav Shlomo Miller's Shlit"a opinion is that prior to Rosh Chodesh Av it is permitted to give presents. But during the nine days one should abstain if possible, and wait until after Tisha Beav.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 7/18/2012 1:55 PM |
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#191 - Buying a computer during the three weeks
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Q. Is it permitted to buy a new laptop needed for work during the three weeks?
A. Shulchan Oruch (O.C.551: 17) rules that it is better to abstain from reciting the blessing of Shechecheyanu during Bein Hametzarim (the three weeks). Mishna Berurah (ibid. 98) in Magen Avrohom name explains, that since these are days of desolation, it is improper to bless in them that particular brocho.
Betzel Hachochmo (4:55) and other Poiskim permit even during the nine days, buying utensils that are needed for business or housework, despite their being expensive, such as a washing machine or an air conditioner (see Nitei Gavriel – Bein Hametzorim 1:30:2)
Since it is uncommon to recite Shechecheyanu for a laptop, Horav Shlomo Miller Shlit'a permits buying it, if needed during the three weeks.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 7/18/2012 1:52 PM |
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#190 - Fasting while in jail.
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Q. What is the rabbinic law regarding fasting while in jail? The issue is the depression of being in such a place.
A. Horav Shlomo Miller Shilt"a indicated that in need, depression or illness, on Shiva Asar Betamuz, this year as it is a nidche (moved to Sunday), you can be lenient and fast only as much as you can. However, on Tisha B'av you should complete the fast.
He asked me to convey a message of hope and trust in Hashem, especially in a taanis, a day dedicated to become close to Him and do teshuva. He indicated that many tzadikim were at some point in their life imprisoned, and although it is a painful and hurting experience, it should be seen as an opportunity for great spiritual growth, using ones time to pray wholeheartedly and to learn Torah as much as one can.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit'a
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Posted 7/9/2012 12:07 PM |
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#189 - Playing Torah tapes near an open bathroom or chamber pot.
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Q. If a Torah tape sometimes remains playing when the patient is already sleeping, is this permitted if in the room there is a full potty or the bathroom door is open, and no one else is listening?
If the patient has a computer tablet that has the tefilos on the screen, in the above situation is that a problem?
A. Aruch Hashulchan (83:10) rules that one should not daven opposite a chamber pot, and it has to be removed or covered if one wishes to recite brochos, or tefilos, in the same room. The Shemiras Shabbos Kechilchoso (24 ft.113) quotes Horav Shlomo Zalman Auerbach and the Chazon Ish, Zt"l who ruled leniently regarding seats without a pot.
Horav Shlomo Miller's Shlita opinion is that there is no problem on leaving the door to the bathroom open, if no one is listening to the taped tefilos. However, the tape or disk should not be played on the same room that has an uncovered chamber pot. Similarly, one should not keep uncovered sforim or tefilin in the same room. The above would equally apply to the tefilos or Torah words displayed on a computer tablet or screen.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 7/6/2012 3:20 PM |
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#188 - In case of need, can one be Yozte his Tefilos through listening to a tape?
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Q. An elderly patient who wants to daven but because of his age finds it difficult to read, can you play a tape and he be yotze by listening to it?
A. Although Poiskim disagree on the use of a microphone or a live radio transmission for compliance on mitzvos, such as the reading of the Megilah or the Torah on weekdays (Igrois Moishe O.C. 2:108 and 4:91, Minchas Shloimo 1:9:6, Tzittz Eliezer 8:11 et. al), they all agree that you cannot be yoitze tefilos or brochois from a recorded tape or disk and you are not required to answer omein on them. Horav Shlomo Miller Shlit'a suggested that the elderly patient should repeat word by word the brochos and tefilos he hears.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 7/6/2012 3:13 PM |
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#187 - Mitzvah of Shiluach Hakan on a nest found outside one's home
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Q. Is there an issue when one finds a bird's nest outside one's home in regards to the Mitzvah of Shiluach Hakan?
A. The Talmud (Chulin 138b) derives from the verse (Bamidbar 22:6) "If a bird's nest chances before you on the road, on any tree, or on the ground", an exclusion to the mitzvah of shiluach hakan. Namely, it does not apply if you already posses the eggs in the nest that is in your property. And so it is codified in Shulchan Aruch (Y.D. 292:2).
However Poiskim differ if a remedy exists. If one would declare, prior to the eggs being laid, that he does not have intent to acquire the future eggs, they will not be his, as you cannot force ownership on anyone. Would there be then a mitzvah of shiluach hakan?. Hisorerus Hateshuva ( 4:154) claims that you will comply with the mitzvah, while Horav Shlomo Auerbach Zt"l (Minchas Shlomo 2:97:26) has misgivings, as this may still be considered "in your property".
There is a further Halachic disagreement, as to when you don't want the eggs at all, but you have the nest in front of you, do you still have to comply with the mitzvah and send away the mother-bird. Piskey Teshuva (Y.D. 292:1) provides the different opinions involved.
Horav Shlomo Miller's Shlit"a opinion is that in this particular case, when the eggs are not yet laid, you don't have the responsibility to bring yourself to comply with the mitzvah. However, if you had the intention of not acquiring the eggs, as mentioned before, you would fulfill an important mitzvah, providing that the mother bird is a kosher bird.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Ps. Please see question: Is a robin kosher? Posted on Ask the Rabbi – Frum Toronto, on 7/26/2009
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Posted 7/5/2012 11:11 PM |
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#186 - Destroying/removing a bird's nest
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Q. Are there any halachic issues with destroying/removing a bird's nest that has appeared in a light fixture outside one's home?
A. The Talmud (Baba Metzia 32a,b) quotes opinions if tzaar baaley chaim or the affliction caused to animals is a biblical or a rabbinical prohibition. Most Poiskim agree that it is a biblical proscription (Shulchan Aruch CH.M. 272:9 – see Sdey Chemed, letter tzadik 1, for a comprehensive list of opinions).
However, it is permitted to use animals for one's convenience, as needed. Trumas Hadeshen (Psokim 105) derives this from the saying in the Talmud (Kidushin 82a) that animals "were created for my (human) use" and from the fact that we encounter in the Torah, their widespread employ, as in riding and working with them. Chasam Sofer (Baba Metzia ibid.) mentions, as a source for this consent, the verse: "and rule over the fish of the sea and over the fowl of the sky and over all the beast." (Bereshit 1:28).
Horav Shlomo Miller's Shlit"a opinion is, that if a bird's nest became a nuisance and a source of inconvenience, their removal is permitted. Yet care should be taken to do so in a gentle and considerate way. The Talmud, (Baba Metzia 85,a) regarding an episode of Rebbi's life, offers the following advice: "one who shows compassion for living things, attains compassion from Heaven"
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a.
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Posted 7/5/2012 11:00 PM |
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#185 - Saying Piyutim in Davening Part 2
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Q. If [reciting piyutim - see earlier question] is based on the fact that few understand the language and meaning and that their time could be put to better use, why are we still saying the piyyutim we do say? Why are we still saying Selichos and Kinos? And why are we still reading the Haftarah, the majority of which are from Neviim Achronim and the Megilos Shir HaShirim and Koheles?
A. Reciting piyutim is a minhag, albeit, an ancient one (see Shir Hashirim Rabbo 3,10). In principle a "person should not deviate from the established minhag" (Baba Metziah 86b), however minhogim vary from one individual and his ancestry to his neighbor. Two psukim are quoted by the Poskim as a source for not digressing from ones minhag; "You shall not pull back your neighbor's landmark, which the earlier ones have set as borders" (Devorim 19:14) and; "Hearken, my son, to the discipline of your father, and do not forsake the instruction of your mother" (Mishlei 1:8), they both emphasize the individuality of minhogim.
Reciting selichois and kinois is also a very old minhag, (See Rosh Hashono 17b and Divrei Hayomim II, 35,25). Reading maftir, however, is a rabbinical enactment or takono (see Megila 21a). The reason for this enactment is mentioned in Avudraham and in Bais Yosef (O.C. 284). Some opinions consider selichois as part of the tefilah (see Harerey Kedem p.18, quoting the Lebush). Kinois, at least according to some contemporary Poiskim, could still be written and added today. (See an ample discussion on the topic in Ohel Ysochor p.83)
Poiskim deal with many shailos and questions in regards of changing or modifying a minhag in times of need, as in when the Minyan will disintegrate, or when different groups with different minhogim join together etc. (see Igrois Moishe O.C. 2:21, Shevet Halevy 6:59, Oisrey Lagefen 27, et. al.)
Oitzer Minhogey Chasidim, (p.194) who strongly advocates the reciting of piyutim, writes;
"In our days, the custom of saying piyutim has spread to all Ysroel, every congregation and congregation according to its own tradition, Sephardim, Ashkenazim, Lithuanians and Chasidim. Some say all piyutim… some say only a part, some say the long ones, some omit them, everyone according to his tradition. There are some Chasidim that shorten their recitation during davening, but sing them later during the Yom Tov Seudos…. and on all of them, it already has been said; "Nahara nahara ufashtey". (Chulin 18b, 57a), there are many rivers and each one has its own way of flowing"
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 6/28/2012 2:21 PM |
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#184 - Saying Piyutim in Davening.
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Q. Why has the Torah world abandoned the custom of saying most Piyutim in the davening on Shabbos, Yom Tov, High Holidays, and other special occasions?
A. The tradition of reciting piyutim during the tefilos goes back a long time. Some piyutim recited today were written in the days of the Geoinim such as "Shema Koli" written by Rav Hai Gaon The practice is mentioned by Rav Saadia Gaon and Rav Paltuy Gaon (Bach O.C. 68), the Rambam in Morei Nebuchim and in Eben Ezrah (Koheles) and many other Rishonim.
However Tur (O.C. 68) relating to the Piyut known as Krovetz, quotes the different opinions as to if it constitutes a Hefsek or disconnection, if said in places where a Hefsek is not permitted. And he adds, that in his opinion he would annul the practice as it conduces to idle talking by the attendants. Pri Chodosh (O.C. 113) echoes this view. Bach (ibid.) however, vehemently rejects the opinion of the Tur and quotes an instance were a sage omitted the piyutim, and did not outlive that year. A similar story is told in the name of the Divrei Chaim (Tiferes Bonim p.425 - see Ysmach Ysroel p.103 as to Rav Chaim Kanievsky's Shlit'a view on reciting piyutim)
Horav Shlomo Miller's Shlit'a opinion is, that today's custom of omitting many of the piyutim, is based on the fact that few understand the language and meaning of the piyutim, in contrast to ancient times when their recitation carried great emotion and significance. Today many recognize that their time could be better used in learning Torah, that has become Be"H so accessible and easily reached.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit"a
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Posted 6/28/2012 2:15 PM |
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#183 - We do things that bring geula laolam. How come the geula has not yet come?
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Q. when we say that saying something over in someone's name brings geula laolam, how come that after so many thousands of years of repeating the words of our sages, the geula has not yet come?
A. Maharal (Avos 6,6) elucidates this aphorism saying, that when the Geula does eventually come, it will come to pass by someone who observes and keeps this principle. (Rosh Eliahu p.33)
Horav Shlomo Miller Shlit'a explained, that there is a universal Geula and a individual or partial redemption. Giving due credit to an author, brings about only partial or individual deliverance, as it was the case with Mordechai and Esther. (Megilah 15a, see also Chasidim Mesaprim p. 195, in the name of the Choize of Lublin).
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 6/22/2012 11:47 AM |
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#182 - Does a woman need filters for internet use
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Q. Does a woman need filters for internet use?
A. Horav Shlomo Miller's Shlit'a opinion is that a computer used only by women, does require proper filters, as there are many issues involved with improper use of the Internet, such as communicating with the wrong party, gambling etc.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 6/22/2012 11:35 AM |
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#181 - Working in a company that does not allow filters
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Q. Am I allow to work in a company that don't allow filters on the Internet? Does it make a difference if my computer is in a close office or an open space ?
A. A filter could be downloaded and installed for just one user. However, if someone is employed in a company that refuses the installation of filters in any way, Horav Shlomo Miller Shlit'a, advises to ask a neighboring worker to peek on him from time to time, to ascertain proper use of the Internet. And yes, in such a case an open space, where any by stander or by passer could glance at his screen, would permit the use without a filter, in case of need.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 6/22/2012 11:34 AM |
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#180 - Is it a prohibition to omit the name of the author?
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Q. Is it a prohibition to omit the name of the author? Or is it only a mitzvah to mention him?
A. There are prohibitions involved, some of the ones mentioned in Poiskim are:
Midrash Tanchuma (Bamidvar) quotes in the name of Rabbi Yochanan the prohibition of "do not steal from the poor" (Mishle 22:22) as referring to the one who omits the name of the author. See Mogen Avrohom (O.C. 156:2) and Hagaos Rabbi Akiva Eiger (ibid.). According to the Sh'loh (p.53) and others, the above is part of Talmud Nedarim, even though our version of the Talmud does not include it.
Shach (Y.D. 242:43) mentions that he is like "wrapping himself with a mantle that is not his"
Minchas Ytzchak (3:268) quotes a Sifri (Shoftim) that would subject plagiarism to the biblical prohibition of "Lo Sasig" or "You shall not pull back your neighbor's landmark" (Devarim 19:14).
In taking credit for someone else's ideas and words, one transgresses on the biblical prohibition of "Distance yourself from a false matter" (Shemos 23:1)
Rabbi A. Bartfeld
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Posted 6/15/2012 4:11 PM |
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#179 - Repeat divrei Torah when one can't remember the name of the author.
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Q. When you repeat divrei Torah, and these should be said in the name of the author who said them, but you can't remember who it was, should you not say them at all, or maybe say you can't remember?
A. There are a number of mitzvos and prohibitions involved in mentioning or omitting the name of the author when repeating his words (see next answer). However many Poiskim maintain that if we declare that the ideas articulated are not our own but from our teachers or are already written in seforim and are widely known, these prohibitions do not apply. That seems to be the opinion of the Rambam in his introduction to Shmono Perokim, Ramban in his introduction to Dino Degarmi and the Remoh in the introduction to Shulchan Aruch, and others. However, not all agree, see Dovor Beshem Omro (3:9).
Horav Shlomo Miller's Shlit"a opinion is that when you cannot remember or are in doubt as to the name of the author, it suffices to mention that fact.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 6/15/2012 3:55 PM |
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#178 - Chatzitzos when putting on Tefilin shel Yad.
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Q. When you put Tefilin shel yad, do you have to take off your watch, or medic-alert bracelet?
A. Remoh (O.C. 27:4) rules that there is no chatzitza or interpose between the retzuos and the arm. Mishnah Berurah (ibid. 16) seems to agree, however Mogen Avrohom (ibid. 5) and Pri Megodim (ibid. 4), concur with the apparently dissenting opinion of the Mechaber. Responsa Cheshev Haefod (1:21) points out that since a watch is worn at the wrist, it would be placed after the end of the retzuo's position and should be permitted. Nevertheless, since the opinion of the Chasam Sofer (Y.D. 192) is that our common practice is to remove even the rings from fingers, certainly it would be preferable to remove a watch prior to putting on tefilin. He also considers the fact that if a watch strap is made of leather, it may not interpose as it is "min beminoi", or the same kind of material. Dovev Meisharim (2:37) disagrees, and regards the watch strap as different material, as it lacks holiness. (See also Yechave Daas 3:2 and Halichos Yisroel p.101)
Horav Shlomo Miller's Shlit'a opinion is similar, you do not have to remove a wristwatch but it is desirable to do so. A Medic-alert bracelet, if never taken off does not have to be removed at all, provided the seven windings of the retzuoh on the arm are placed before it.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 6/15/2012 3:51 PM |
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#177 - Mixing Parve hot food with a Dairy spoon in a Fleishig Pot.
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Q. By accident a dairy spoon was used to stir a cup of coffee in a fleishig mug (stone wear) (no milk involved).
The cup was filled with water from a hot water urn and the spoon was put in afterwards.
Both the cup and the spoon were clean and hadn't been used for a day or more.
A. There is no issue at all, you can use both the mug and the spoon without Kashering.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit"a
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Posted 6/15/2012 3:44 PM |
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#176 - Using anesthetics during a bris
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Q. Further to the question about the appropriateness of a brit milah performed by a woman, is the use of an anesthetic during the procedure to dull the pain to the infant. Does it matter?
A. - Most Poiskim agree that even though in the days of the Talmud they already knew of the use of anesthetics and painkillers, they were not used at an ordinary eight-day circumcisions (Imrei Yosher 2,140 – Eretz Tzvi 56 – M'archei lev 53).
However, in uncommon cases, such as a Bris done to a grown up, or in cases of illness, if medical advice recommends the use of a local or in some conditions even a general anesthetic, it could be used (Sridey Eish 2,61 – Shevet Halevy 5,147 - Tzitz Eliezer 20,73).
Rabbi A. Bartfeld, as revised by Horav Shlomo Miller Shlit"a
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Posted 6/15/2012 12:25 AM |
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Important Numbers
