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Have a question? Send it in! Questions are answered by Rabbi Bartfeld.
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#156 - Updated: Taking exams on Shabbos
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Q. A medical resident that is completing his residency must take an advanced trauma licensing course. The available courses at this time are offered on shabbat throughout Canada. When the course is completed there is a test. The test is multiple choice so an oval in front of the letter A,B,C or D must be filled in.Can the Jew tell the nonJew to fill in the ovals on the test for him. Is there any difference if the test is on paper or on the computer, in terms of telling the nonJew to do this for him. The administrators of the course refuse to let the Jewish resident take the test after shabbat , the administrators claim that in the past when there have been religious Jews at the saturday course they had a non Jew fill in the answers for the Jew.
A. Learning medicine with the intention to help the suffering is a Mitzva. We permit two interrelated rabbinical prohibitions (Shvus d’shvus) in a case of great need while performing a Mitzva (O.C. 307,5 – 325,2 – 331,6). One rabbinical injunction would be telling a Gentile to do a Melacha for you during Shabbos. The second one would be if the work he performs were done in an uncommon way, such as writing with the left hand for someone that is right handed. (Rambam, H. Shabbos 11,14 – Mishna Berura 340,22).
Horav Shlomo Miller's Shlit"a opinion is, that it is permitted to instruct the Gentile to fill in the answers with his left hand, in case of great need. The above does not apply to the use of a computer, as people type using both hands.
As not all cases qualify for the above heter or permission, you must consult with a competent rabbinical authority on each instance.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 5/25/2012 12:27 PM |
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#168 - Eating an item that required bitul to permit it
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Q. On a recent kashruth question, the Rabbi who supervises the product told me, that it is totally permitted lekatchila, even though Bitul Beshishim was used as a Heter. Is this correct? Should not one abstain lekatchila from eating anything that required bitul to permit it?
A. It is not clear from your question, what exactly was the Kashrus issue involved. As a general rule, however, if becoming annulled permits this prohibited food that was mixed in sixty kosher parts, and no Poiskim disagree that this is a clear-cut case of bitul beshshim, the following applies. Pischei Teshuva (Y.D. 116,10) quotes two opinions whether one is allowed to be stringent and discard the annulled food. He cites the Soles Lemincha opinion that it is unacceptable to contravene an unambiguous heter of our sages and it is tantamount to heresy. A similar opinion, although presented from a different perspective, is offered by Bnai Isoschor (2, Chodesh Ador , Maamar 2) and he reasons; that if Hashem provided that this particular banned food should become unquestionably permitted, it is His will that the "nitzotz" (spark of holiness) therein contained, should have a "tikun", be mended and returned to it's source, and therefore it is a mitzvah to eat it.
In addition, there is also the general prohibition of "baal Taschis" or unnecessarily destroying something that can be used. According to some Poiskim, excepting tree devastation, this is only a rabbinic injunction (Rambam, H. Melachim 6, 10). Others maintain that it is an allover Biblical proscription. (Smag, L.229, Yereim 322).
It is important to mention that bitul beshishim is permitted only when not done intentionally, even by a Gentile for Jewish use. (Y.D. 99,5 – see commentaries).
Hoping the above elucidates your question. Please feel free to contact us for further discussion.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 5/18/2012 3:22 PM |
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#167 - Placing schach directly on narrow wooden straps, which are used normally for supporting roof tiles
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Q. I'm fixing my porch for the summer and I plan to place as a partial sun-protecting surface on top of the porch some sheets of wood strips, woven in a lattice pattern. Those strips are usually stapled with metal staples and there is a space of approximately 10 cm. between them. As this latticed wood sheets, provide more sun than shadow; could I then use them for the base to collocate over them the schach on Sukos?
A. Mishna Berura (O.C. 626,17) rules that when the schach is placed directly on narrow wooden straps, which are used normally for supporting the roof tiles (removed for Sukos), even if there is less than three tefachim between them, the suka is kosher. However, Nitey Gavriel (Suka 19,3) quotes Magen Avrohom in the name of the Rashbo, that if those wooden straps are nailed to each other, if there is less that three tefachim between them, they are seen as one single unit, and if it is more than four tefachim wide, it disqualifies the suka.
Horav Shlomo Miller's Shlit'a position is also to be stringent, quoting the opinion of the Bach, (we say "lovud lechumra" - see Shaarei Tziun ibid. 23).
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 5/18/2012 3:18 PM |
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#166 - Counting people in one’s mind.
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Q. Can one count in one's mind the ten people needed for a minyan?
A. It is prohibited to directly count Jewish people, even for the purpose of doing a mitzva (Yuma 22b - Rambam, Temidim 4,4).
Horav Shlomo Miller's Shlit"a opinion is that counting in one's mind is not considered an act, and is therefore not included in the above prohibition.
Ein Eliyahu (Pesachim 64b) elucidates why King Agripas was advised by the Cohen Gadol, to count the people by tallying the kidneys of all offered Pesach sacrifices. He explains; that the kidneys represent intellect and advise (Chulin 11a), and as mentioned above, are not included in this prohibition.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 5/17/2012 5:16 PM |
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#165 - Counting yesterday’s Sefira after today’s early Mariv.
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Q. If someone has already said mariv after the plag, and remembers that he hasn’t counted sefira the night before, can he still count for that day now after mariv?
A. Mishna Berura (489, 12-17 and in Shaar Hatziyun ibid. 17) rules that until sunset, even after reciting Maariv following Plag Hamincha, it is still considered as day and someone that counted the next day sefira would have to repeat the counting with a brocho, after nightfall (Tzeis Hakochovim).
Igrois Moishe (O.C. 4,99) determines that if one forgot to count sefira Thursday night, and remembers only Friday evening after having an early Kabolas Shabbos and Maariv, and it is still before sunset he can count then the Friday sefira, without a brocho and he will not loose the future brochos on the remaining days. (See also Nitey Gavriel Pesach 3, 36, 8 for other similar opinions).
Horav Shlomo Miller's Shlit'a opinion in our case is alike, and after praying an early Maariv you can still count the day's sefira, without a brocho, and then after proper nightfall begins, continue to count the next day's sefira with a brocho.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 5/11/2012 1:37 PM |
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#164 - Is a wife required to follow a husband’s temporary minhag?
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Q. I changed my usual minhag this year of not shaving from Pesach till Lag Baomer, to from Rosh Chodesh till Shavuot, because of the need to shave for a job interview. My wife kept the former minhag, can she now listen to music after Lag Baomer, or does she have to follow my temporary minhag?
A. A married woman assumes the minhagim of her husband, regardless if the adopted tradition is more stringent or more lenient than the one she kept before marriage. Two reasons are given for the above; Ishtoi k'gufoi, A "wife is like her husband" (Tashbatz 3,179) and "a person assumes the customs of his new place of abode" (Igrois Moishe O.C. 1,158).
In our case, the wife kept her husband's customary minhag, to which he is planning to return next year, so she can maintain that same tradition this year and could finish the sfirah prohibitions on Lag Baomer.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit"a
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Posted 5/10/2012 5:31 PM |
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#163 - Using thick paint for a Lechi
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Q. I have heard that a piece of tape (10 tefachim long) attached to a post can be used as a lechi to resolve the min hatzad problem. Can you also use thick paint that can be pealed off?
A. Mishna Berura O.C. 363,26 writes that paint that does not have any substance to it (unlike the lime white-wash quoted in Remah ibid.7) cannot be used for a lechi.(see also Tashbatz 2,34).
Horav Shlomo Miller Shlit'a recommends that if paint is used, a thick double coating that shows substance be advised. Care should also be taken to inspect it from time to time to ascertain that the paint has not peeled off.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 5/10/2012 4:24 PM |
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#162 - Non-contiguous Tel Hamislaket slope
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Q. On the tel hamislaket issue, you informed in the name of Horav Miller that a slope of 25 degrees is required. Now, if the slope is made partially of irregular big rocks, that in overall, as measured in a straight line, from the surface of property to the water surface exceed this requirement, yet factually, at some points going downward, because of the different type and size of rocks the slope is less than 25 at some places, is this still a permissible mechitza?
A. Horav Shlomo Miller Shlit"a expressed that there are different opinions if the areas described above exceed three or four tefachim each. Biur Halocho (362,2) maintains that it seems that the Hagra accepts this as a proper continuous slope while Trumas Hadeshen disagrees. Chazon Ish (O.C. 65,62) also rules stringently.
He therefore advises to make a proper Tzuras Hapesach eruv, and not rely on a non-contiguous tel hamislaket slope.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 5/10/2012 4:22 PM |
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#161 - Earliest time one can cut hair on Lag Baomer.
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Q. What is the earliest time I can cut my hair on Lag Baomer, can it be done erev Lag Baomer after already reciting Maariv, following the Plag Hamincha?
A. Remah (O.C. 493,2) rules that one should wait until the morning of Lag Baomer day for having a hair cut. Mishna Berura (ibid. 10) explains that it refers to after the netz. However, he points out (ibid. 11) that there are Poiskim who permit a haircut on the night before, from Shaar Hatziun (ibid. 12) it seems that he does not agree with them.
Nitey Gavriel (Pesach 3, 49 n. 21) explains that the above depends on the minhag of reciting or not reciting Tachanun during Mincha erev Lag Baomer.
Horav Shlomo Miller's Shlit"a opinion is that even for those who permit hair-cutting on the night before, they definitely not include the time after the Plag before nightfall, despite having prayed Maariv after the Plag.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit"a
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Posted 5/10/2012 4:13 PM |
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#160 - Correct time for eating matza on Pesach Sheni.
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Q. When is the correct time for eating matza this year, Sunday day (Pesach Sheni) or Sunday night?
Thank you
A. There are different traditions in regards to eating matza on Pesach Sheini, or the "second Pesach" given to those who were unable to bring the first sacrifice of Pesach.
There are those who eat matza at the time the korban would have been brought, which is in the afternoon of the fourteenth of Iyar, (Sunday this year - Avnei Nezer as quoted in Klei Chemda, Vaetchanan). This seems to be the prevalent costume according to Nitey Gavriel (Peasch 3,57)
Others (Dvar Yehoshua 4,5 et. al.) maintain that the proper time would be at night (Sunday night this year) as that would have been the time for consuming the korban, in the days of the Bais Hamikdosh.
Some ingest the matza at both occasions (Mikdash Yisroel, Shavuos p.141, mentions that this is the minhag of many Chasidim).
S'fas Emes, (Pesachim 89) offers a novel opinion; namely that the korban of Pesach Sheini, unlike the first, could be eaten also during the day.
And finally, there are the many who do not keep this minhag at all (Most S'fardim, Hagra in Maase Rav 181, and Lithuanian Jewry according to Rib'bos Ephraim 2,129).
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit"a
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Posted 5/4/2012 3:35 PM |
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#159 - Could shrubs be used for "mechitzos"?
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Q. I have a portion of "mechitzos" on the cottage eruv, that are made from trimmed shrubs that are more than ten tefachim high and are over a foot wide. Though, when the wind blows, the branches and leafs shake, depending on the strength of the wind. Could these be used for "mechitzos"?
A. Mishna Berura (362,7) mentions that if a mechitza, made of plants, is invalidated if it sways with a common gust of wind. However, Horav Shlomo Miller Shlit"a points that firm established shrubs, that reach and are well attached to the ground, if only shake lightly are considered a proper wall. He quoted Chazon Ish (O.C. 77,6) that movement up to three tefachim (aprox. 30 cm.) is permitted. Aruch Hashulchan (362,8) cites a similar
opinion.
Tosefes Shabbos (ibid. 12) writes that we are more lenient on Shabbos mechitzos, than the ones employed in a Suka, as the former are needed only for a single day.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 5/4/2012 3:26 PM |
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#158 - What is the minimum permitted angle for
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Q. I have in a section of my property that faces the lake and there is more than ten tefachim from the edge of the water to the top of the land. This is slanted, as a 'tel hamislaket'. What is the minimum permitted angle for "tel hamislaket"?
A. Tel Hamislaket is a mechitza created by a slope that rises ten tefachim high (aprox. one meter) extending out 24 tefachim (aprox. 2.4 m.). There are two opinions as to how we measure this last length. Mishne Berura (345,5), maintains that this represents the length of the slanted ramp (the hypotenuse, if it is visualized as a right triangle). A second opinion (Macharalbach 19 quoting R"A Zechut) sustains that we measure the length of the adjacent side or the flat ground underneath the slope.
Horav Shlomo Miller Shlit"a maintains that we are to follow the Mishna Berura's view and use the sine value of 10/24 (0.4166) closest to an angle of 25°.
Rabbi A. Bartfeld as
revised by Horav Shlomo Miller Shlit"a
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Posted 5/4/2012 3:15 PM |
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#157 - Using a light pole for tzuras hapesach
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Q. I'm trying to make an eruv for my cottage yard, can I use a light pole for "tzuras hapesach", that it's base is wide and has a marked indentation were the diameter of the pole becomes smaller (by about an inch). This base is well over a meter high (more that ten tefachim). Over that height, the tube begins to taper off and gets smaller until it reaches the lighting fixture, which is well over three meters. My question is, can I just put a cord around the top of the pole, underneath the fixture. This should not be considered “min hatzad” as the base would serve as a "lechi", is that OK?
A. It would seem from your question that the base, being round, protrudes from all sides of the pole. If the string were attached around the top of the pole, even if it is wound up around it, it would then have to cross over that protruding edge of the base, as it continues to the next light pole. The base would then become a lechi that virtually extends directly upwards towards the string, and it would be a proper Tzuras Hapesach.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 5/4/2012 3:11 PM |
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#155 - Changing Minhagim during Sefira
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Q. I'm Askenaz but I joined a Sephardic congregation that keeps sefirah only until Lag Baomer. For the pupose of shaving for a job interview as in my previous question, could I have changed my minhag and kept the prohibitions this year from Rosh Chodesh Iyar until Shavuot? would I have needed Hatarat Nedarim?
A. Igrois Moishe (O.C. 1,159 and O.C. 2,95) maintains that as far as sefira customs is concerned, it is permissible to change from one minhag to another.
Horav Shlomo Miller Shlit"a advices if possible to maintain ones tradition, but if one does modify it would be better to do Hatoras Nedorim,
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit"a.
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Posted 4/27/2012 1:50 PM |
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#154 - Can one remove Tzoraas or Tzoraas like skin discolourations?
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Q. Dear Rabbi, Attending a class on the weekly portion of the Torah, this question arouse. Why are we not careful today with skin discolorations treating them with creams and other methods of removal. Why are we not concerned maybe they are some kind of tzoraas, that you couldn't remove even before a cohen saw it? Nobody knew the answer.
A. It would seem from the fact that the Shulchan Aruch rules in regards to a Metzora not wearing Tefilin (O.C. 28,13) nor performing a Bris Milah on one afflicted with Tzoras (Y.D. 266,1), that the Halachos of a Metzora do apply in our days. It is well known that Shulchan Aruch omits laws that are not currently applicable, even though in actual practice we can not declare someone a Metzora today. He echoes the Rambam's opinion (Tumas Metzora 11,6). Toras Cohanim (beginning of Metzorah), quotes a story of Rabbi Tarfon, who lived right after the churban, and permitted three Metzoraim.
Poiskim differentiate between two aspects of this Mitzva. One is the obligation of showing the negah or afflicted area to the cohen, which applies only when we have cohanim that we are certain that are descendants of the original cohanim, and the prohibition of removing the negah, that may apply even today. (Bais Yosef Y.D. 322, Ridbaz Terumos 7, Minchas Chinuch 169, quoting a case of the Graz of Vilna, Chazon Ish 13,17). Others maintain that there is no distinction, and it does not pertain in our time at all (Maharsham 3,200). Haemek Shailah (Sheilta 88,1) mentions an additional reason; no one is today skilful enough to decide what is Tzoraas or not.
In practice, however, such whitish discolorations are uncommon, (Minchas Osher Vaikra 23, quoting Chazon Ish) and if they are removed by ointments or medication and not surgery, Poiskim argue that it is permitted (Lehoros Nosan quoted in Toras Chaim Vechesed p. 485). Others may permit even surgery if done by a Gentile surgeon. (ibid.)
Horav Shlomo Miller Shlit"a advises that this surgery should not be done for cosmetic purposes.
In a actual case, further Rabbinic consultation is certainly advisable.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 4/27/2012 1:30 PM |
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#153 - Child eating Chumetz on Pesach
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Q. Dear Rabbi, What happens when my daughter under bat mitzvah age ate chametz on Pesach? Is this a sin for her or for me or it doesn't count as a sin at all. Because she is under bat mitzvah? or chas ve shalom is it karet?
Thank you Rabbi, Pesach kasher ve sameach!
A. Even though a minor is exempt from Mitzvos, positive and negative, if he/she has reached the age of understanding, he/she would be subject to the Mitzva of chinuch or being educated in the precepts of the Torah. This responsibility rests primarily on the parents of the child. One should be far more vigilant in prohibitions that involve eating. The reason being that we are what we consume. If we ingest non-kosher animals we assume their nature and incorporate their instincts (Ramban, Shemini). Many Poiskim suggest that the same applies to the chometz (that represents the Yetzer Hara) prohibition during Pesach even though it is time dependent, and not an intrinsic (Issur Cheftza) proscription (Arugas Habosem O.C. 138, Chinuch Yisroel 3,6 et al.) others disagree (ibid. – Shaarei Deah)
Our sages teach us in many instances, that eating wrong foods will change a child's disposition to keeping Mitzvos, as in the cases of Acher (Tosafot Chagiga 15a), Rabbi Yochanan and Shabtai, the hoarder of produce (Yoma 82b), Rebi and Antoninus (Tosafos Avoda Zara 10b), Yochanan Kohen Gadol (Bnei Isaschar, quoting the Arizal), and many others.
Most Poiskim agree that a minor does not require any Kapara or forgiveness for sins committed while he was a minor and will not be punished for them (Rabbi Akiva Eiger - responsa 2- 134, Chavas Yair 166, Chasam Sofer E.H. 2-172, et al). However, Remah O.C. 343, and Sefer Chasidim 692, do mention some Kapara requirement. Chida (Chomas Anach - Shemini) points out that it varies with the state of understanding of the minor.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 4/27/2012 1:07 PM |
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#152 - Shaving during Sefira
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Q. Dear Rabbi, If someone has to attend a job interview which is highly competitive, can he shave during Sefira. Thanks.
A. In case of great need or significant monetary loss, Poiskim permit shaving during Sefira (see: Igrois Moishe O.C. 4,102 - Yaskil Avdi.O.C. 6,5).
Horav Shlomo Miller's Shlit"a opinion is that, if possible, one should wait to shave until Erev Shabbes.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a.
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Posted 4/27/2012 1:03 PM |
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#151 - feeding animals chometz if the pets and their food are not owned by a Jew.
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Q. I have a non Jewish neighbour who has with me a very good relationship that I'm interested to maintain. from time to time he travels overnight and he asks me to take care of his pets, a dog and some aquarium fish. He is trveling during Pesach and I'm afraid that both the dog and fish food may contain chometz. Is there a problem of me feeding the animals chometz if the pets and their food is not mine?
A. Shulchan Aruch (O.C. 448,6) prohibits feeding chometz to an animal that belongs to a Gentile and even to a Hefker creature, that has no owner. Mishna Berurah (ibid. 28) writes, that the same applies if he finds the chometz and it does not belong to him. The reason he provides is, that humans derive certain pleasure by feeding animals. Deriving any kind of gratification from chometz is forbidden. In your particular case, there is even a greater benefit obtained from the chometz, as your neighbour will fill gratefulness towards you and owe you the favor.
We recommend acquiring Pesach pet food for you to use, to promote your friendship with your neighbour.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a.
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Posted 3/30/2012 11:33 AM |
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#150 - Laws of answering Amen
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Dear Rabbi,
I would like to learn about the laws of answering Amen and in what situations it should not be said.
Let's say that you wash for bread and make the bracha for washing. Afterwards, but before you have a chance to make hamotzi, you hear a fellow Yid make the bracha for washing. Can you respond AMEN, or is this a forbidden interruption? If b'dieved you do say Amen, are you still yotzi with the initial bracha on washing? What about if you hear Kaddish in the interval? (For instance, if you're eating in shul on Shabbos or yom tov, and after you wash, there is another minyan there?)
Another question I have is this: Sometimes, especially on Shabbos and yontif, the chazzan (baal tefilla) likes to draw out the end of the bracha in davening. Can you respond AMEN once the bracha has been pronounced, or must you wait until the baal tefilla is silent?
I ask these questions because I recently perused a few seforim about the importance and power of answering AMEN, namely "Serenade the King" and "Just One Word." I highly recommend these books.
Thank you and a gut chag.
May we be zoche to the Geula Shleima with the imminent arrival of our righteous Moshiach.
A)
1) Shulchan Aruch (O.C. 166,1) mentions two opinions if it is permitted to interrupt between the hand washing and the hamotzi. He resolves that it is better to be careful and not make a hefsek. Mishna Berurah (ibid. 3) mentions that some permit reciting a psalm or a tefilah for parnassa, at that time. Therefore there is no problem answering Omein or Kadish, which is usually considered a lesser hefsek.
2) Shulchan Aruch (O.C. 124, 8) warns not to answer Omein before the reciter of the blessing finishes the brocho. Mishnah Berurah (ibid.30) forbids beginning the Omein response before the brocho has completely ended. In note 35, he mentions that if the reciter carries on with a lengthy tune, we have to wait till the very end of the song, when he totally finishes the last word of the blessing. He makes exception with the phrase "Veimru Omein" at the end of Kadish reading, where if the reciter extends himself in a nigun, we should answer after "D’'miran B'ealma", which is the end of Kadish.
Ps. Thanks for the book recommendations, a koshern freilechen Yom Tov
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 3/30/2012 11:30 AM |
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#149 - attending a friend’s Sholom Zochor during Shloshim
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Q. May an oveil attend his best friend's sholom zochor during shloshim?
A. Yes he may if he does not linger and just enters and says Mazel Tov. He may also drink a L’chaim, say Divrey Brocho and then leave.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 3/30/2012 11:26 AM |
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Important Numbers
