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Have a question? Send it in! Questions are answered by Rabbi Bartfeld.
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#101 - Trimming and fixing a wig duiring the 3 weeks.
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Q. Am I allowed to have my shaitel cut during the 3 weeks? I had scheduled an appointment prior to the tannis, but had to cancel at the last minute. My shaitel macher has a heter to cut as it is her parnassah. She advised that I ask a shaila.
A. Nitey Gavriel (Bein Hametzorim 21,5) permits trimming and fixing a wig even when one is wearing it, until the beginning of the nine days. (However, in his Bar Mitzva Seifer 22,21, he further permits the above for the mother of the Bar Mitzva bochur, before the week of Tisha B’av itself). Shevet Hakehosee (O.C. 150 ) seems to allow it at all times.
Horav Shlomo Miller's Shlit"a opinion is that it is permitted before the nine days begin.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 7/22/2011 2:16 PM |
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#100 - Buying a car during the 3 weeks
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Q. I would like to know if it would be OK to buy a car during the 3 weeks and take delivery after Tisha b'Av.
A. Igrois Moishe’s (O.C. 3, 80) opinion is that if the car is a pleasure vehicle, one should avoid acquiring it during the 3 weeks, as he has to pronounce the brocho of Sheheheyonu (or Hatov Vehameitiv), when taking possession. However if its primary use is as a business vehicle, like a truck or van, it would be permitted. Darchei Hoiroho (Bein Hametzorim 14) permits buying a car for a family man until Rosh Chodesh. (see also Ribabos Efroim 3,3).
Horav Shlomo Miller's opinion is that if one takes delivery of the vehicle after Tisha B'av it is permitted until the nine days begin, as no brocho will be recited yet.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 7/22/2011 2:14 PM |
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#99 - Preparing during the 3 weeks for traveling after the 3 weeks.
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Q. Is it OK to book plane tickets, hotels get passports and do the necessary arrangements, during the 3 weeks for a trip taken place right after Tisha b'Av ?
A. Shulchan Oruch (O.C. 551,2), rules that from Rosh Chodesh Av onwards we should minimize on commerce and dealing. Mishne Beruro (ibid. 11) quotes different opinions as to if it applies only to joyful and pleasant trades, or if all business dealings are included. However, he adds, that if needed and it is a unique saving opportunity, it is permitted. Prior to Rosh Chodesh, there in no proscribed Minhag.
Horav Shlomo Miller's Shlit"a opinion is likewise.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 7/22/2011 2:13 PM |
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#98 - Davening Maariv Before the zman.
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Q. Is it better to Daven Maariv before TZAAS with a minyan or after without a minyan even if you are makped to always daven after the TZAAZ?
A. The Mechaver (O.C. 235, 1) indicates that if the Tzibur daven Maariv early, while still day one should join them and read the Shema, after nightfall. Mishne Beruro (ibid. 12) states that; "Fortunate is the one who can recite Maariv in it's proper time with a Tzibur".
When this is not an option, (as when one travels) he quotes in Biur Halocho, the opinion of Ma'se Rav, that it is preferred to pray without a Minyan, at the proper time. However in Shaarei Tzion (ibid 16), he seems to agree with the Derech Hachaim that it is better to daven before nightfall with a Minyan, and to repeat the Shema at night, (as long as he davens after the Plag, and he recites Mincha before the Plag.
Horav Shloimo Miller's Shlit"a opinion is that it depends on ones particular Minhag, when followed with consistency. Meaning that even on summer days, you are not Mekabel Shabbos early, and are constant in davening Maariv only after nightfall.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 7/22/2011 2:10 PM |
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#97 - Chumetz Pet food owned by a Jew During Pesach
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Q. My Jewish neighbour's rabbit died during pesach. After pesach, she gave me the leftover chotzdig rabbit food which I know she didn't sell. Can I still use it? If not, it seems like bal tashlis to throw it out as it was a freshly opened bag.
A. If a Jew transgresses the Biblical prohibitions of "baal yeroeh or baal yimotze" (not to see – not to find), and keeps chometz in Pesach, it becomes forbidden forever by a rabbinical prohibition, as Chometz Sheovar Olov Hapesach. This penalty applies whether the infringement was violated deliberately or unintentionally, and even if one was completely ignorant of the prohibitions of chometz. (O.C. 437).
However, Horav Shlomo Miller Shlit"a, after inquiring about the composition of the pet food, advised that it is permitted, due to of a number of reasons. Even if the main ingredient is wheat middlings, it may not be chometz at all, since it may not have come in contact with water. It may also be considered a mixture of chometz (taaruvas chometz) as more than twenty other ingredients were listed. Most likely it is only chometz nukshe, either because it did not become completely fermented, or it is not a preferred human aliment (hard pellets). In all this cases, the penalty of Chometz Sheovar Olov Hapesach does not apply.
Horav Miller, rejected as an additional Heter, the opinion (Sheilas Dovid) that chometz of a mummer is like that of a gentile, and therefore permitted.
Rabbi A. Bartfeld, as advised by Horav Shlomo Miller Shlit"a
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Posted 7/14/2011 11:16 AM |
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#96 - Baking Challah on a Dairy Pan.
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Q. I baked a challah this evening on a baking sheet that had previously been used for dairy (cheese baked directly on that pan). I lined the pan with parchment paper and baked my challah on the paper. The challah did not touch the pan.
Is my challah dairy?
A. On the onset you should avoid baking pareve on a milchig pan, even when lined with parchment paper. After the fact it is considered pareve.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit"a
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Posted 7/14/2011 11:11 AM |
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#95 - Sales Reps bringing customers with them when they transfer to a new company.
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Q. I work in the financial service industry, and in my industry when a trader changes the company that he works for, he calls his clients and tries to switch them over to the new company . Most companies incorporate on their employment agreement a clause that addresses this issue, but in reality this clause is very hard to enforce, because it is an open and very competitive market; every client gets calls from many different companies that try to get their business, and nobody can prevent a person from using the relationships that he established through the years. The main reason why companies hire traders from other companies is because of these relationships. Some of these companies are fully or partially owned by Jews.
The company that I work for, has a referral program that pays to the person that introduces the new client a % of the profits generated by this new client, and the trader gets his usual % as well.
I know somebody that used to work for one of the competitors of the company I work for. I told him about this referral program, and he said he could refer me to some of his old contacts. Also, he spoke to one of his friends that works at the same company he used to work for, and his friend said that he could give him the contact information of some good clients of the company and they can split the referral fees.
I want to know if I'm allowed to use these referrals, my friend's contacts or the leads provided by his friends, or both.
A. Chasam Sofer (C.M. 79), prohibits going into someone else's business and convincing them to come to his store. There are many Poiskim who prohibit attracting customers that are already being served by a company, however, other Poskim permit. Emek Hamishpot (18, 195) rules, that in practice it depends on the local customs and legal ways of doing business.
Horav Shlomo Miller's Shlit"a opinion is that if a contract was signed, and it carries a restrictive clause, it should be kept accordingly. If no such condition exist, you have to follow the normal accepted practices of doing business. As far as an agent who is still engaged by his employer, it would be prohibited to give away contacts and names of customers to a competitor.
Rabbi Abraham Bartfeld
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Posted 7/14/2011 11:09 AM |
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#94 - Using non-Jewish dates and holiday references
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Q. I design database tables - like spreadsheet with rows and column headings. For a particular project there is a need for a Holiday table - to know statutory holidays when things are open and closed. This table contains non Jewish holidays (e.g. Dec 25) as well as other statutory holidays like Canada Day.
Are there any issues with maintaining such a table?
A. Maharanm Shick (Y.D. 171), vehemently decrees not to inscribe a non-Jewish date on a matzeivah. He considers it to be the proscribed by the Biblical injunction of "The name of strange Gods you shall not mention" (Shemos 23,13). On the same vein, Maharam Ash, (end of Imrei Yosher, see Tzitz Elezer Y.D. 38) portrays the one who uses non-Jewish dates, as one who disowns and renounces his own traditions and values.
Other Poiskim, however, do not see using the common date as an infringement, since it is not done with the intention of honoring anybody in particular, just as a convenient and conventional system of timing, used worldwide.
Poiskim also advise to use a qualifier, such as L'misparam (to their counting, added to the date. (Darkei Moishe Y.D. 147, Meor Yehoshua 38, Mishmeres Sholom 84, Yabia Omer Y.D. 3,9 et. al.)
Horav Shlomo Miller's Shlit"a opinion is, if possible, one should avoid the use of non-Jewish dates or the name of their holidays. When this is not an option it is permitted. (It is also recommended to use the acronym Xmas, rather than the full name).
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit"a.
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Posted 7/8/2011 10:47 AM |
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#93 - Symbols from other religions on household items.
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Q. My wife bought crystal candlesticks holders to give as a present and she noticed that on the brand name of the product on the box and on the candlestick there is a crown with a cross on it. Are we allowed to give the present to a Jewish couple or is better to get a different gift.
I would also like to know why nobody is concerned with the cross on the car plates in Ontario.
A. Remoh (Y.D. 141,1) prescribes that a cross, worn on a necklace and used as a symbol and not as an object of direct worship is permitted (in benefit). Many Poiskim allow the use of coins, stamps or utensils that have a cross on them, since they are used only as a decoration. (Shach ibid., Chochmas Odom 85,1, see also Igrois Moishe Y.D. 1,69 in regards to a medallion or an award). Some Poiskim advise to take off or erase part of the cross.(ibid.). The above would apply to car plates too.
Horav Shlomo Miller's Shlit"a opinion is that even if they are permitted in use, one should preferably not have them around in one's home, especially not on the candlesticks of the Shabbos table.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 6/28/2011 10:57 AM |
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#92 - Pets and Pet Cages on Shabbos
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Q. Can my child play with a pet bird in Shabbes? Is the cage muktze?
A. The Talmud (Shabbos 128 b) mentions that animals are muktze. Mishneh Beruroh (308,146) explains that the reason is because since they are of no use in Shabbos, they are "Muktze Machmas Gufom", because of "themselves" and are regarded like stones.(Bais Yosef ibid. and Kesef Mishneh).
Rishoinim disagree whether this applies to a pet that is useful to calm a child (see Tosafoth Shabbos 45b, Or Zaruah 82 et. al.).
Shulchan Oruch (O.C. 308,39) and Shulchan Oruch Horav ibid.78, Shmiras Shabbos Kehilchoso 27,96 and Igrois Moishe O.C. 4,16, and other Poiskim rule stringently.
However, if the animal is suffering or is in distress, many Poiskim permit touching it (see Yabia Omer 5,26).
Horav Shlomo Miller's Shlit'a opinion is that one should regard the bird as muktze, In regards to the cage, if it contained animal food at the beginning of the Shabbos, it is not muktze and can be moved.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit"a
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Posted 6/27/2011 3:33 PM |
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#91 - Asking a non Jew to reset an oven on Yom Tov
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Q. On Shavuos we had a blackout, and the new electric stoves, lost their timers and memory, and would not work unless reset manually. Is it permitted to ask a non Jew to reset it on Yom Tov, so we can cook? Could it be done on the second day?
A. Halacha dictates that "Shvus D'shvus", or a prohibition composed of two overlaid rabbinical proscriptions, is permitted if it is needed for the compliance of a mitzvah. (O.C. 586,21 – 331,6 and M.B. 655,3). Most Poiskim consider lighting a fire in Yom Tov to be only a rabbinical prohibition. Horav Shlomo Miller Shlit”a therefore maintains, that instructing a Gentile to reset an electric stove, which is in itself only a Rabbinical injunction, will result in a "Shvus D'shvus" that when needed for Simchas Yom Tov is permitted.
Some authorities argue that lighting an electric stove may not to be “Moilid”, since the electric power is already in existence and it is just being transformed not created, (see Shevet Halevy 8,121), Horav Shlomo Miller Shlit”a opinion is that this is totally incorrect. Given that this type of transformation occurs in other common cases of prohibited lighting.
Many Poiskim do not consider that the second day of Yom Tov can by itself reduce Melochos to a rabbinical level, as our sages strengthened the second day to be as stringent as the first (Noida Beyehuda 2, O.C. 44). However some disagree (Minchas Itzchok 7,34)
Rabbi A. Bartfeld, as revised by Horav Shlomo Miller Shlit"a
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Posted 6/21/2011 8:40 PM |
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#90 - Using thick Paint on Tefilin
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Q. A few years ago I had my Tefilin repainted, the paint was rather thick and has recently began peeling off in some places. It is still black underneath, but the new paint comes off in chips some as big as a 1/3 of an inch. Is there a problem with this?
A. Mishna Berura (32,185), writes that the black paint on the Tefilin, should be only a thin coating, not a layer or film that can be peeled. If the paint comes off as scales, after the fact, the Tefilin are still Kosher, but should be repainted. Mishna Berura adds, that if the painting peels off in a single complete leaf that is similar to a sheet of black paper, the Tefilin are disqualified. (Nishmas Adam as opposed to Noda Beyehuda 1, O.C. 1).
Horav Shlomo Miller’s Shlit”a opinion is that in your particular case, the Tefilin are Kosher after the fact, but should be fixed.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit”a
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Posted 6/21/2011 12:40 PM |
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#89 - Using artificial trees to decorate a Shul for Shavuoth.
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Q. It is a minhag to decorate for Shavuoth our Shuln with greenery. We avoid using trees, as that would be a tradition of other religions. Does that include artificial trees?
A. There are two reasons for not placing trees in a Shul. One deals with the Biblical injunction against planting trees next to the altar in the Bais Hamikdosh.(see R. A. Eiger notes on O.C.150). The other is indeed the Hagro's opinion,(mentioned in Chayei Adam 131,13 and Mishna Berurah 494,10), that it is included in the ban of following Chukos Hagoim, or a tradition of other religions. Not all Poiskim agree (Maharsham see Ariel p. 38, that this Minhag does not apply to trees that are always found there), however Igrois Moishe (Y.D. 4,11), quotes Aruch Hashulchan ( O.C. ibid. 6), that this minhag has become today the accepted tradition. Beer Eliahu (O.C.3 p.263) mentions that this may not apply to artificial trees.
Horav shlomo Miller's Shlit"a opinion is that it does apply to artificial trees since other creeds also use them in their holidays. However, if erroneously set in a Shul, it is still permissible to daven there.
Rabbi A. Bartfeld, as advised by Horav Shlomo Miller Shlit"a
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Posted 6/10/2011 12:13 PM |
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#88 - Lighting candles for single men who want to begin Shabbat early.
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Q. Single people who want to begin Shabbat early, and attend a minyan for Mincha that begins right before Plag Hamincha and then recites Kabalath Shabath right after, as is required by Halacha, when should they light Shabath candles? (since the can not return home after Mincha and you can not light before Plag).
A. The Remah O.C. 261,2 and Mishne Berurah ibid. 25, state that you can not accept Shabbos before Plag (One and half hour zemanios, before Shkiah or Tzeis - see M.B. ibid.), therefore the mitzva of hadlokas neiros remains unfulfilled and the brocho is levatolo. This presents a serious challenge for single people who want to make early Shabbos. Horav Shlomo Miller Shlit'a suggested three solutions:
a) If you reside near the Shul, go home after the Plag and light then.
b) If going back is not an option, you may kindle lights in the Shul, provided that after Maariv you make Kidush there and eat a Kzais bread.
c) if the above is not feasible, you can request from a neighbour to be your agent, light the candles at your residence and make the brocho after Plag.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit"a
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Posted 6/10/2011 12:10 PM |
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#87 - Maariv and Shabbos Zmanin in Northern Canada
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Q. I am planning a trip to Canada and Alaska next month and because night doesn't come in till very late please tell me if I should be davening Maariv at a normal time or whether I have to stay up to daven when it gets dark? Also as far as Shabat is concerned, shall I light candles at a normal time or do I wait for the night times? Same for havdala. Is there anything else I have to do because of this situation?
Thank you
A. It appears from your question, that the places you would be visiting are below (south of) the Arctic Circle (66.5622 N Latitude), but close to it. On these locations even on the Solstice day (June 21), the sun does set below and rises above the horizon, yet the night is short and may not become dark enough to see the stars. For example on Yellowknife, (NWT), Canada, which locates about 250 miles south of the Arctic Circle (62.45 N), on June 21, (the longest day) the Shkiah (sunset) is 11.38 PM, Chatzois (midnight) is 1.39 A.M. and the Netz (sunrise) is 3.39 A.M. The Plag Hamincha is 9.34 PM, so one can daven Mincha before the Plag, and Maariv right after on weekdays. On Shabbat you daven Mincha before the Plag and you can be Mekabel Shabbos right after. Similarly in Anchorage, Alaska, (61 ,10'), on June 21, the Shkiah (sun set) is 11.42 PM, Chatzoth (Midnight) is 2.02 AM., Netz (sunrise) is 4.21 A.M. The Plag Hamincha is 9.41 P.M.
One should repeat the S'hma right before Chatzois, when possible, or at least 72 minutes after the Shkiah. However, there are opinions, (Toras Chaim, 235), that you can comply with the mitzvah of S'hma, if you say it at the time when normally people in that location go to bed, or they rise, regardless of the position of the sun.
Shabbos ends on those locations, (where it does not get totally dark to see stars) right after Chatzois (midnight). You can make Havdalah in Yellowknife after 1.39 A.M. or wait until the next morning before you eat breakfast, (you don‘t recite the Borei Meoirey and B'somim brocho then . (O.C. 299.6). The end of Zman S'hma in the morning at Yellowknife is 8.39 A.M., (Hagra) and the end of Zman Tefilah is 10.19 AM)
Because of the complexity and severity of the Halochos involved, especially on Shabbos, one should avoid traveling above the Arctic Circle on the days when the sun does not set at all. If you do please consult again. Safe trip.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 6/10/2011 12:03 PM |
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Posted 5/27/2011 4:51 PM |
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#85 - Non-jew turning on an electric stove top on Yom Tov.
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Q. If a non-Jew turns on an electric stove top on Yom Tov, Is one permitted to use it?
A. Most Poiskim maintain that creating fire in Yom Tov (moileed) is only a rabbinic prohibition (see Rashi Shabbat 33,a – O.C.502 and Taz ibid. 1). As far as the usage of electric heating and light during Yom Tov, is subject to Halachick debate, the accepted majority rule is to prohibit rabbinically (see Hachashmal Bechalacha, ch. 5 – also Hachashmal Leor Hachalacha, conclusions).
Yavia Omer (1, O.C. 19 – 2, O.C. 26) allows in need, the use of electricity on Yom Tov, via a Gentile.
Horav Shlomo Miller Shlit"a pointed out, that Mishnah Berurah (O.C. 502,4) permits after the fact, the use of usual common fire that was produced on Yom Tov, regardless if created by Gentile or no.
Rabbi A. Bartfeld as revised Horav Shlomo Miller Shlit"a
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Posted 5/27/2011 2:18 AM |
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#84 - Making a brocha on the tree blossoms in different hemispheres.
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Q. If somebody visited South America during our winter and made a brocho there for the new blooming trees (in their spring). Does he have to repeat the brocho when he sees new blossoms in the northern hemisphere?
A. This brocho is uttered once a year only, regardless of which part of the world one recited it first.
Shaarei Yemei Pesach, (ibid.) mentions Tu Bishbat as the beginning of the year for this brocho, However, Horav Shlomo Miller Shlit"a is of the opinion that the year is counted from Rosh Hashonoh.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 5/27/2011 2:15 AM |
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#83 - Making a brocha on the tree blossoms after Nissan.
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Q. Thank you so much Rabbi for your prompt answer. I would also like to know if I can still make the brocho for the tree blossoms, as it is not Nissan anymore.
A. Nitey Gavriel (Pesach 3, ch. 46) quotes a number of Poiskim that permit reciting Birchas Hoilonois, for first tree bloomings seen during the month of Iyar, (Mishmeres Sholom recited the brocho on Lag Baomer itself), Sivan or before Nissan on Adar (Birur Halocho 226 - Shaarei Yemei Pesach ch.2). Nevertheless, one should say it as soon as feasible.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 5/27/2011 2:14 AM |
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#82 - Shaving the friday before Lag BaOmer when LAg BaOmer comes out on Sunday
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Q. Tomorrow Friday one can shave since Lag Baomer is Sunday, is that from the morning or do you have to wait till Chatzos? Can you use new clothing on Friday too?
A. You can shave from the early morning on as it is considered already Likvod Shabbos, but not from the night before (Thursday, Bein Peisach L'Shavuos p. 249). You can also then wear new clothing if this is done Likvod Shabbos, (Hilchos Ktanois 1,33 - ibid.).
Rabbi Abraham Bartfeld
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Posted 5/19/2011 10:57 PM |
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