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Have a question? Send it in! Questions are answered by Rabbi Bartfeld.
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#208 Inviting a Shabbos guest who would travel by car on Shabbos.
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Q. Can we invite on Shabbat someone who would be traveling if our intention is to do Kiruv, don't we always say “desecrate one Shabbat so he can keep many?
A. Indeed the Talmud (Yuma 85a,b) mentions in the name of Rabbi Shimon Ben Menasio that rationale as one of the basis for defiling Shabbos to save someone's life. The Talmud there mentions other sources for this ruling too, the one that is chosen as preferred is Shmuel's reason: "You shall live by them – and not die by them" (Vaikro 18:5) which does not apply in your case. Whether Rabbi Shimon's grounds remain viable is subject to dispute in the Poiskim. Moreover, his reason is also subject to a limitation, it does not apply in a case of doubt, as the Talmud explains. Inviting someone for Shabbos is not a guarantee that it will lead to actual Kiruv.
In addition to the above, Mishna Berura (306:57) on the Shulchan Oruch's case of a captured daughter that is about to be converted, quotes the Poiskim's ruling that desecrating Shabbos in order to save her applies only if she is not at fault. Otherwise we would rather rule "We don't tell a person to sin in order to provide merit for someone else". Whether this applies in your case, depends on the actual circumstances. Mishna Berura, does quote Rabbi Shimon's reason in regards to saving a minor. (Magen Avraham ibid.)
In practice, Poiskim differ. Many rule that it is not permitted to invite someone who we know will be desecrating Shabbos in order to attend. (Igrois Moishe O.C. 1:99 and 98, Shevet Halevy 8:146, Tzitz Eliezer 6:3 et al.).
However, Teshuvos Vehanhogos (1:358) Bein Ysroel Loamin (13) and Yashiv Ytzchak (O.C. 11) are of the opinion that when the objective is Kiruv, there is also a sincere intent of explaining during that Shabbos the importance and holiness of the day and the parking of the vehicle is not immediate to the house, it is permitted.
Horav Shlomo Miller's Shlit"a opinion is that, since each case has its own merits and variables a competent rabbinical authority should be consulted on every occasion.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Please refer also to the prior question #207, on Inviting to a Simcha a relative who would travel by car on Shabbos.
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Posted 8/23/2012 4:49 PM |
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#207 Inviting to a Simcha a relative who would travel by car on Shabbos.
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Q. Do not put a stumbling block before the blind (Leviticus 19:14).
"Religious" relatives quoted the above as justification for not inviting their disabled grandfather to attend a simcha on shabbos as he would have to drive or be driven to get there. Would it not have been his decision to go or not to go instead of their decision not to invite him?
A. The prohibition of "Lifney Iver" or "Placing a stumbling block before the blind" is interpreted by our sages as: facilitating or helping others commit a Torah violation. (Talmud Avoda Zarah 6b) This prohibition is codified in Shulchan Aruch in several places such as Y.D. 148:5 pertaining the assisting of a Gentile in committing idolatry and in Y.D. 240:20 in regards to a father's proscription of physically chastising older children, as this will only entice them to hit back, resulting in a capital offence. Tosafos, Ramban and Ran (ibid.) and other Poiskim, are of the opinion that this prohibition is limited to cases where the recipient is unable to transgress without the giver's assistance. If, however, the idolater could reach the item independently, then one may hand it to him despite the certainty of the ensuing violation.
In your particular case, the grandfather could have made or ordered his own traveling arrangements and likely does not require the assistance of his family to do so, thus Lifnei Iver would not apply. However as Tosafos (Shabbos 3a) and Shach (Y.D.151:6) mention, there is a discrete rabbinical prohibition against helping one violate Mitzvos, called "mesayea lidvar aveiro" ("helping someone commit a sin"). Igrois Moishe (Y.D. 1,72) deals with the question of mesayea when someone would perform the transgression nonetheless.
Horav Shlomo Miller's Shlit'a opinion is that indeed, in principle if the grandfather refuses the accommodations that would keep him from desecrating Shabbos, the grandchildren should avoid inviting him. However, since this case entails a delicate situation where kindness is essential, he recommends consulting privately with a competent halachik authority, as there may be other acceptable solutions.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Please see on Frum Toronto – Ask the Rabbi's next question, #208 Inviting Shabbos guests that may drive on Shabbos.
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Posted 8/23/2012 4:44 PM |
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#206 Making a Brocho on the candle Motzey Shabbos Tisha Beav
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Q. Which is the best way to do the brocho on the candle Motzey Shabbos Tisha Beav, before reading Eicha, or after when there is more people?
A. Mishna Berura (556:2) rules that the bracha of meorey haish is recited before Megilas Eicha is read, as you will be deriving benefit from the lights in the shul immediately. The men who are not present at that time can recite the brocho after the Megila. However, women who came late, should better listen to this brocho when recited by men, as there is doubt if they recite this brocho at all (Biur Halocho 296:8).
Rabbi A. Bartfeld
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Posted 7/27/2012 4:19 PM |
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#205 Dancing a Rikud onShabbos Chazon
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Q. In a shul were every Shabbos eve after Kabbolas Shabbos and Maariv, there is a rikud, and some say that on this Shabbos which coincides with Tisha Beav it should not be done, would that not be aveluth befarchesia if we omit it, as we always do it?
A. The prohibited avelus befarhasia is not only the performance of a public act of mourning on Shabbos, such as reciting Kinos on Shabbos (Yalkut Yosef – Moadim p.566) but also the refraining from doing something that we would usually do overtly,. such as not changing the weekday poroiches or ones everyday clothes for the singular ones used on a regular Shabbos (Piskey Teshuvos 551:4) or refraining from calling a mourner for an aliyah on Shabbos, when he is called on every single Shabbos.
However, in this particular case of dancing a rikud on Shabbos, as most Shuln do not follow this tradition, and it is sometimes omitted in that Shul too, it would not be a case of avelus befarhasia, if not done on this Shabbos Chazon that coincides with Tisha Beav.
Rabbi A. Bartfeld.
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Posted 7/27/2012 4:17 PM |
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#204 Fasting when one has an illness that requires taking pills a couple times a day.
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Q. As the ninth of AV is a nidcheh this year is a person who has an illness and is required to take many pills a couple times a day required to fast?
A. Shulchan Aruch (O.C. 554:6) rules that an ailing person need not fast on Tisha B'av, as the sages did not decree fasting in sickness. Yet, the Remoh (ibid.) writes that it is customary to fast when not in great pain or any danger. Mishna Berura (ibid.11) adds that if the sick is weak or frail, he should be fed. Further (ibid. 14) quoting Eliahu Rabah advices that if possible, one should fast some hours. There are different opinions if eating or drinking small amounts (less than the shiur) is necessary on Tisha B'av. Some Poiskim advice to do so (Maharam Shick O.C. 289, quoting the Chasam Sofer, Biur Halacha ibid., Marcheshes 1:14, et. al.). Some maintain that it is not necessary, but one should eat only the required (Chida, in Machzik Brocho 1, Aruch Hashulchon ibid. 20, Shai Lemoreh O.C. 4 et. al.). Nitey Gavriel (Ben Hametzorim 2:66:14) recommends that when in doubt if the ailment qualifies or not, one should eat doing shiurim.
Poiskim agree that it is permitted to take pills when necessary, without any liquid. (ibid. 63:2), or with a bitter tasting fluid if allowed by physician. (Piskey Teshuvos 554:8, Kaf Hachaim ibid. 34).
One indeed can be more lenient when, as in this year, Tisha B'av is a nidche.
These are only general guidelines, as each case differs, it is always advisable to consult a qualified Rabbi who knows the condition of the patient and can further contact his physician, if needed.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit"a
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Posted 7/27/2012 1:03 PM |
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#203 - Taking pills on Shabbos Chazon in order that it should be easier to fast
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Q. May one take pills on Shabbos Chazon (either The Kollel's Tylenol/Advil or Kali Tzom), in order that it should be easier to fast on Tisha B'Av?
A. Some Poiskim maintain that when Tisha B'av coincides with Shabbat, one should avoid consuming on Shabbos medicine to make the fasting easier on Sunday, mainly out of concern for the prohibition of "hachono" or preparations done in Shabbos for the sake of weekdays. They would recommend for someone in real need of medication, to take those pills on Tisha B'av without any liquids. (Ohr Lenesivosi shiur 37:3, Halacha Uminhag p.88).
Horav Shlomo Miller's Shlit"a opinion is that you may take that medication on Shabbos. His reasoning is that it does not constitute a hachono, since you do it bederech achilo, or as part of the eating process which is permitted in Shabbos. After all we do eat more on this particular Shabbos at the third Seudah, and we may probably eat meat, something we may normally not do, all done in preparation for tomorrows fasting. However, since it is done in the usual way of eating and we don't declare that it is for the purpose of fasting easier tomorrow, it is permitted. The medicine, as it is not needed right away, would be regarded only as additional food and not as taking medication on Shabbos.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 7/25/2012 4:49 PM |
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#202 - Exercising during the nine days
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Q. Someone who exercises every day may he continue to do so during the nine days? Such as using treadmill elliptic etc.
A. There is no prohibition on jogging or performing physical exercises per se during the nine days. However, doing them vigorously may be a cause for bathing, which is prohibited during that period. Arguments could be made that showering with cold water when someone is sweated or dirty is permitted.(Sheorim Hametzuyonim 551:12), Aruch Hashulchon O.C. 551:37 allows even with hot water, (see Igrois Moishe E.H. 4:84, Shevet Halevy 7:77).
Horav Shlomo Miller's Shlit"a opinion is that for the short period involved, if possible (when there is no special concern for health reasons) it should be avoided, in honor and remembrance of the churban Bais Hamikdosh.
(See also Ask the Rabbi, #103 - listening to music while jogging during the 3 weeks).
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 7/25/2012 4:45 PM |
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#201 - Wearing a freshly washed Sheital during the nine days.
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Q. Can one wear a freshly washed Sheital if its not a new wig?
A. Horav Shlomo Miller Shlit"a ruled that you can use a freshly washed and set wig for Shabbos Chazon, even if it coincides with Tisha B'av.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit"a
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Posted 7/25/2012 4:41 PM |
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#200 - Washing Sheitals during the 9 days.
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Q. Can I have my sheital washed and set in the 9 days?
A) Horav Shlomo Miller's Shlit'a and other Poiskim's opinion is that a woman's wig is considered a piece of clothing. As such it is subject to the restrictions of washing clothes during the nine days. (Piskey Teshuvos 551:20). They also prohibit professional combing and setting of the hairpiece. (ibid., Y'shuos Doniel p.45, Halichos Emes p.91).
Non-professional home combing is permitted.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 7/25/2012 4:40 PM |
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#199 - Can one arriving late for a Siyum during the 9 days still eat Fleishigs?
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Q. If you are late and only arrived (to a flaishig siyum on the nine days) after the siyum was done, can you still join and take part in the seudah?
A. Horav Shlomo Miller Shlit"a ruled that even if you arrived after the siyum, if you also finished the Masseches or are from the ones that belong to the siyum (see prior question), even if you came late and were not present at the end reading of the Talmud, if the people are still at the seudoh, you can join them.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit"a
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Posted 7/22/2012 5:26 PM |
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#198 - Can one Dial-A-Siyum and then eat Fleishig?
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Q. If you learned together (a tractate of the Talmud) with a group but now are on vacation somewhere else, can you join (the siyum fleishig banquet during the nine days) via telephone?
A. Horav Shlomo Milller's Shlit"a ruled that if you learned the whole tractate you can join the siyum via telephone. However, if you did not study, you can't just dial – a- siyum. Similar opinions are to be found in other Poiskim (Mekadesh Ysroel, Pesach 256, et al.)
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit"a
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Posted 7/22/2012 5:24 PM |
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#197 - Two groups making a Siyum together
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Q. Can two totally different groups that learned different masechtos join together in one large siyum, or is it like making mitzvos chavilos?
A. Horav Shlomo Miller's Shlita opiniom is that we do not consider two siyumim done together as chavilos, (packages bundled together, symbolizing that the mitzva is a burden), since they are essentially one and the same mitzvah and we do but one seuda. (see Yomo Tovo Lerabonon p. 300 – In regards to a siyum by a Bar Mitzva, see; Minchas Ytzchok 4:23)
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 7/22/2012 5:21 PM |
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#196 - Who can join in a Fleishig Siyum during the 9 days?
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Q. Can people who didn't learn join in a suyum and eat meat?
A. Remoh (O.C. 551:10) rules that when someone finishes a tractate of the Talmud and makes a siyum, he can eat meat and drink wine on the nine days and the ones that belong to the banquet may join him, even though they did not participate in the learning, Mishna Berura (ibid. 75) explains that those are the people, related to him or his friends, that would have come to the siyum, on any other occasion and not only during the nine days. (see also; Talmud Shabbos 118b). Some Poiskim require an actual invitation, (Oilas Shmuel 56 - Hisorerus Teshuva 1:104 and Mekadesh Yisroel, Bein Hametzorim 136).
Horav Shlomo Miller's Shlit"a opinion coincides with the above, however he does not require one to actually be invited.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 7/22/2012 5:20 PM |
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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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