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Have a question? Send it in! Questions are answered by Rabbi Bartfeld.

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#203 - Taking pills on Shabbos Chazon in order that it should be easier to fast
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


Posted 7/25/2012 4:49 PM | Tell a Friend | Ask The Rabbi | Comments (1)


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#202 - Exercising during the nine days
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


Posted 7/25/2012 4:45 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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#201 - Wearing a freshly washed Sheital during the nine days.
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


Posted 7/25/2012 4:41 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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#200 - Washing Sheitals during the 9 days.
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




Posted 7/25/2012 4:40 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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#199 - Can one arriving late for a Siyum during the 9 days still eat Fleishigs?
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


Posted 7/22/2012 5:26 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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#198 - Can one Dial-A-Siyum and then eat Fleishig?
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



Posted 7/22/2012 5:24 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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#197 - Two groups making a Siyum together
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


Posted 7/22/2012 5:21 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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#196 - Who can join in a Fleishig Siyum during the 9 days?
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


Posted 7/22/2012 5:20 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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#195 - Can a group dividing up a Tractate make a Fleishig Siyum during the 9 days?
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


Posted 7/22/2012 5:18 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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#194 - Signing the "waver of conditions" during the three weeks or nine days.
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


Posted 7/18/2012 2:03 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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#193 - Correct Nusach for Bircat Hachodesh when Rosh Chodesh is on Eruv Shabbos.
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


Posted 7/18/2012 1:59 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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#192 - Giving presents during the three weeks.
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


Posted 7/18/2012 1:55 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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#191 - Buying a computer during the three weeks
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


Posted 7/18/2012 1:52 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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#190 - Fasting while in jail.
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


Posted 7/9/2012 12:07 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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#189 - Playing Torah tapes near an open bathroom or chamber pot.
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


Posted 7/6/2012 3:20 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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#188 - In case of need, can one be Yozte his Tefilos through listening to a tape?
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




Posted 7/6/2012 3:13 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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#187 - Mitzvah of Shiluach Hakan on a nest found outside one's home
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


Posted 7/5/2012 11:11 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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#186 - Destroying/removing a bird's nest
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.


Posted 7/5/2012 11:00 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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#185 - Saying Piyutim in Davening Part 2
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


Posted 6/28/2012 2:21 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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#184 - Saying Piyutim in Davening.
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


Posted 6/28/2012 2:15 PM | Tell a Friend | Ask The Rabbi | Comments (0)



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