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Have a question? Send it in! Questions are answered by Rabbi Bartfeld.
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# 4433 No Fast Fast?
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Q. Should one accept in advance the fast of Erev Rosh Hashana and until when should one fast? Does one have to fast if it was not the tradition of his parents but he davens in a minyan where people fast?
A. Shulchan Aruch (O.H. 581: 2) mentions that there is a Minhag or tradition to fast on Erev Rosh Hashanah.
Mishna Berura (ibid 16) rules that this fast does not require acceptance before or the fasting more than after ‘Chatzos’ or midday.
In our days, it is customary in many congregations to do a ‘Siyum’ or finish a Talmudical tractate and avoid the fasting.
Rabbi A. Bartfeld as revised by, Horav Dovid Pam, Horav Aharon Miller, Horav Chanoch Ehrentreu and Horav Kalman Ochs Shlit'a
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Posted 9/8/2023 12:41 PM |
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# 4432 So Far the Shofar
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Q. I have seen trumpet musicians play most beautiful concert and other music using a shofar, Is that permitted?
A. If the shofar was already used for the mitzva of Tekias Shofar, we mentioned on question 4426 above that there are some issues to be concerned with regarding the honoring and disposal of it.
If the shofar was not used for a mitzva purpose, Horav Shlomo Miller Shlit’a maintains that in principle it could be used for music since that shofar does not have any Kedusha or holiness. Horav Aharon Miller Shlit’a is similar.
However, they cautioned that if the music or event is frivolous or unethical, a shofar should be avoided.
Horav Kalman Ochs Shlit’a maintains that; ” ערוך השלחן תרפא סעיף יב התקיעות מעוררים מדות למעלה”.
Therefore it would not be wise to blow shofar for entertainment.
Rabbi A. Bartfeld as revised by, Horav Dovid Pam, Horav Aharon Miller, Horav Chanoch Ehrentreu and Horav Kalman Ochs Shlit'a
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Posted 9/8/2023 12:38 PM |
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# 4431 A Brocho that Needs a Brocho
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Q. The Chazan finished the third bracha with Chonain Chada’as by mistake (Instead of HaE-l Hakadosh). He was corrected incorrectly and went back to ata kadosh. Should we avoid saying amen to the remainder of the chazara.
A. In the above case, since the brocho of Ata Kadosh was recited improperly, and since that is one of the initial three brochos of the Amida that are considered for these purposes as a single one, and they were not recited properly, then the Amida has to be restarted. Therefore indeed, continuing is to be considered actually reciting ‘Brochos Levatalah” or prohibited unnecessary brochos and no omen should be answered.
Rabbi A. Bartfeld as revised by, Horav Dovid Pam, Horav Aharon Miller, Horav Chanoch Ehrentreu and Horav Kalman Ochs Shlit'a
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Posted 9/8/2023 12:36 PM |
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# 4430 Back Again?
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Q. It is now August 2023. There are no more restrictions in terms of entering or being in a building mask-less or sitting in close proximity to another person. Is it permitted to give an aliyah to a person who is still mask wearing but most importantly will not go up to the bima and will only stand 15 feet away and look up towards the Torah as was permitted during the COVID emergency times?
A. Although some Poskim considered proper at the height of the Covid fear days to have a separate Sefer Torah being read away from the main one for distancing purposes. A plastic sheet separation was accepted as more practical and Halacha accepted.
Horav Yaakov Hirschman Shlit’a maintains that the type of aliyah mentioned may not valid in Halacha. It also includes what others would then do by having the receiver of the aliyah reading another Torah away from the one being read for all at the bimah.
Rabbi A. Bartfeld as revised by, Horav Dovid Pam, Horav Aharon Miller, Horav Chanoch Ehrentreu and Horav Kalman Ochs Shlit'a
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Posted 9/8/2023 12:33 PM |
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# 4429 Forbidden Fruits?
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Q. If we have a fruit tree in our backyard here in chutz ha-eretz, should we separate the first fruit any ways? Can we use the fruit of the tree for eating if the tree is less than 4 years old?
Outside of Eretz Israel and without the Beit Hamikdash, is there a specific verse to say in thanking HaShem for the bounty, or can we say only what is in our heart? Thank you Rabbi
A. There is no mitzva of Bikurim or first fruits offered to Hashem in our days.
On question 3698 we were asked: “We have a small melocoton (peach) tree in our backyard that isn’t yet 4 years old and it is blooming. Can we recite the bracha of the blooming trees on it?”
To what we answered: “Poskim rule that during the first three years of the tree since the fruits are ‘Orlah’ and prohibited, one does not recite the blessing of the blooming trees, however on the fourth year on can recite this important blessing”.
See questions 282, 288, 1708, 1703 regarding the times, conditions and if women recite this brocho.
Rabbi A. Bartfeld as revised by, Horav Dovid Pam, Horav Aharon Miller, Horav Chanoch Ehrentreu and Horav Kalman Ochs Shlit'a
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Posted 9/8/2023 12:28 PM |
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# 4428 Bless the Bagel
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Q. Good morning Rabbi, what would the bracha be on a bagel that was made with fruit juice instead of water? Would it be considered mezonot? How about juice/almond milk in a 1 to 1 ratio?
A. Poskim mentiom that the amounts are not necessarily the deciding factor regarding the brocho to be made, rather what is the taste is predominant.
If for most people, the added fruit juices take over and override the resulting taste and the perception one feels is that it is a piece of cake, the brocho would be Mezonos. This applies regardless even if some water was also added.
Rabbi A. Bartfeld as revised by, Horav Dovid Pam, Horav Aharon Miller, Horav Chanoch Ehrentreu and Horav Kalman Ochs Shlit'a
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Posted 9/8/2023 12:25 PM |
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# 4427 Have the Book Follow You
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Q. This year Rosh Hashana will fall on Shabbos. I would like to daven Vasikin. (at day brake). However in order to do so I will need to carry my machzor in an Eruv enclosed area, and I personally try to avoid using the Eruv. It is not possible to leave it there before Yom Tov as I need it for other tefilos. Would the ma’aila (benefit) of davening Vasikin override my Chumra (stringency) of not carrying?
A. Since there may be many details involved regarding the particular condition of an Eruv, it would make more sense to acquire or borrow a different Machzor even an used one and leave it in the desired minyan without having to carry at all.
Rabbi A. Bartfeld as revised by, Horav Dovid Pam, Horav Aharon Miller, Horav Chanoch Ehrentreu and Horav Kalman Ochs Shlit'a
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Posted 9/6/2023 5:08 PM |
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# 4426 Let’s Be Thankful for what Hashem Gave us
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Q. Dear friend and colleague. A member of our shul donated more than twenty five years ago a beautiful shofar that we have constantly used. Two weeks ago, he offered a very nice similar shofar to replace the first one. Since they are very similar and have practically the same sound, should we replace the first one?
A. There is a certain level of holiness on objects on objects that have been used for a mitzva and thus should be disposed when not useful anymore as is done with a lulav and esrog after Sukos. Or an old taalis no more needed. (see Mishnah Berura 21: 6.see also Rav Y.S. Elyashiv (Ginzei ha-Kodesh 17:13). ) Besides the principle of not abandoning the first shofar and replacing it with one that is practically just as good but only new, there may be another issue involved.
I remembered a story I once read (Borchi Nafshi Shemos p. 317) about a famous Rosh Yeshiva of a great Yeshiva in Yerushalayim. He was totally dedicated to learning and teaching Torah every minute of his life. Yet most curiously, early every morning, this known Gaon, would fetch a water hose and water a large plant in the front of his home.
When questioned by one of his close students for the reason of taking so seriously the care of that large plant, he told the story. When the Germans invaded his town and went from house to house to deport and murder the Jewish population, we all tried to hide and escape. His parents and siblings were caught and murdered, but he was young and small and hid behind a large plant. When the Gestapo left, he ran to the fields and was protected by the partisans and survived. After the war, he was to be taken to Israel, yet right before he left, he went back to his old home and took a small branch with roots from that plant that saved his life and replanted it in Yerushalayim.
Just out of a feeling for saying thanks to that plant, the known Rosh Hayeshiva would spend a bit of his most precious time to water that plant every morning.
Should not the same be done with the old and still completely usable shofar and donate the new one to a shul that needs it? Although the mitzva of shofar is the sound, since it was very similar, Horav Shlomo Miller Shlit’a, agreed.
A lesson to be learned for all of us, when we deal with people that have helped us so much.
Rabbi A. Bartfeld as revised by, Horav Dovid Pam, Horav Aharon Miller, Horav Chanoch Ehrentreu and Horav Kalman Ochs Shlit'a
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Posted 9/5/2023 2:18 PM |
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# 4425 Good Great Yom Tov and the Best of Years!
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Q. Since Rosh Hashana is a day of judgment and fear, why do people great each other with a ‘Good Yom Tov’ in that day?
A. On question 1437 we were asked: “Dear Rov, Is there a mitzva of simcha on Rosh Hashana, as in every other Yom Tov, so a vegetarian should make an effort to eat meat?
A. There are conflicting sources and opinions as to the mitzva of rejoicing on Rosh Hashana. Zohar (Emor 95) mentions that there is no 'chedveza' or rejoice on the days of Rosh Hashana and Yom Kipur, as they are days of judgment. It would also seem so from the fact that we don't refer to Rosh Hashana as a Chag in the Tefilos, as opposed to Chag Happesach, Hag Hassukot etc.
Also Shulchan Aruch (O.H. 582: 8) rules that we don't say; moadim lesimcha chagim uzmanim lesasson, on them, There are also no Shalmei Simcha sacrifices as in all other Yomim Tovim. Maharil (end of H. Yom Tov p.25) outright rules that there is no mitzvas simcha and you are allowed to fast on Rosh Hashana. Similarly, Turei Even (Chagiga 8b) opines that there is no mitzvas simcha and you are therefore allowed to mix in on Rosh Hashana other simches.
However, the pasuk (Tehilim 81: 4) does address Rosh Hashana as a chag as it says; Bakesse Leyom Hageinu. And Nechemia (8: 9-10) does call on Rosh Hashana to the people that; “This day is holy to Hashem; neither mourn nor weep… Go, eat fat foods and drink sweet drinks and send portions to whoever has nothing prepared, for the day is holy to our G-d, and do not be sad, for the joy of Hashem is your strength.”
Sha'agas Aryeh (20) quotes other sources that prove that there is indeed a Mitzva of simcha. That is the opinion of many Rishonim, including the Yereim, the Ran and Rif on Beitza. Shulchan Aruch (O.H. 597: 1) also rules that it is a mitzva to rejoice, as does the Mishna Berura (ibid. 1). Poskim quote also the all Yomim Tovim, including Rosh Hashana are compared to each other. (by hekesh).
Moadim Uzemanim (6: 12, & 7: 114) tries to bridge the conflicting opinions, following the view of the Rambam (H. Chanuka 3: 6) on why we don't recite hallel on Rosh Hashana, he opines that since they are days of teshuva and concern, there should be joy but not excessive as in other Yomim Tovim.
Horav Shlomo Miller's Shlit'a opinion is that the simcha should be seen as 'gilu bereada' (Tehilim 2: 11) or rejoice, while trembling. Therefore, the Rov maintains that one should eat meat as he does on the other Yomim Tovim.
Rabbi A. Bartfeld as revised by, Horav Dovid Pam, Horav Aharon Miller, Horav Chanoch Ehrentreu and Horav Kalman Ochs Shlit'a
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Posted 9/1/2023 12:57 PM |
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# 4424 A Single Voice?
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Q. See question 4391 regarding blowing shofar during Elul when there is no minyan.
Horav Kalman Ochs Shlit’a commented that since some Poskim maintain that the shofar applies during Elul even without a minyan present (see Siach Yitxchok 264). And since the blowing is done with the purpose of awakening people to do Teshuva, it is worth to do so.
Rabbi A. Bartfeld as revised by, Horav Dovid Pam, Horav Aharon Miller, Horav Chanoch Ehrentreu and Horav Kalman Ochs Shlit'a
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Posted 9/1/2023 12:49 PM |
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# 4423 A Low Blow?
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Q. I heard that if the only present in a minyan in a shul during Elul that knows how to blow the shofar is in the middle of davening the Amida, he may interrupt and blow the shofar for all. Could that be correct?
A. Indeed Kovetz Halochos rules that if the one davening Shemonesreh, finds it difficult to continue his tefila, since the rest want and wait for the voice of the shofar. He may stop in the middle and blow the shofar.
However, Horav Shlomo Miller’s Shlit’a opinion is that it should not be done.
Rabbi A. Bartfeld as revised by, Horav Dovid Pam, Horav Aharon Miller, Horav Chanoch Ehrentreu and Horav Kalman Ochs Shlit'a
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Posted 9/1/2023 12:47 PM |
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# 4422 The Cheder Seder of the Neder
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Q. Since the Halacha dictates that youngsters, boys from twelve years on, and girls from eleven, if they make a neder or vow it takes effect, should they be also included in the above process of Hataras Nedarim?
A. Kovetz Halachos (5: 10 – p.55) mentions that the tradition is not to do so, since it may not be effective.
Although at that early age the neder takes effect, they may not be absolved yet from it until they reach the Bar or Bat Mitzva age (See Mishne Lemelech – Nezirus 2: 13. Halichos Shlomo 1: 38. Mishna Berura 571: 5).
Rabbi A. Bartfeld as revised by, Horav Dovid Pam, Horav Aharon Miller, Horav Chanoch Ehrentreu and Horav Kalman Ochs Shlit'a
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Posted 9/1/2023 12:45 PM |
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# 4421 An Indulgent Agent
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Q. Dear Rov. Can a husband be a ‘Shaliach’ or agent for his wife on Erev Rosh Hashana to receive for her Hataras Nedarim or absolution of vows?
Does he actually has to ask her to name him the agent? Does he have to tell her name to the Beis Din?
A. Horav Shlomo Miller’s Shlit’a opinion is that he has to be named by her as an agent. Yet her name does not need to be mentioned. (See Shulchan Aruch Y.D. 234: 56).
He may ask by phone to be her agent.
Rabbi A. Bartfeld as revised by, Horav Dovid Pam, Horav Aharon Miller, Horav Chanoch Ehrentreu and Horav Kalman Ochs Shlit'a
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Posted 9/1/2023 12:43 PM |
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# 4420 Pay a Visit?
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Q. There is a busload of bachurim from yeshiva X going to see the Gadol Hador at an event that will be attended by hundreds of Bnei Torah. None of them is paying because the
yeshiva is providing the bus. May a bachur from yeshiva Y get on if there are extra seats?
A. Horav Shlomo Miller’s Shlit’a opinion is that he should ask permission from the organizers of the trip.
Rabbi A. Bartfeld as revised by, Horav Dovid Pam, Horav Aharon Miller, Horav Chanoch Ehrentreu and Horav Kalman Ochs Shlit'a
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Posted 9/1/2023 12:41 PM |
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# 4419 Cracking the Dawn
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Q. If one recites Selichos in a shul where he can already wear Tefilin before, should he do so?
A. It is not unusual for mispalelim to wear a ta’alis for selichos recital and recite a brocho if the correct time has arrived. Some do the same for tefilin.
Horav Shlomo Miller’s Shlit’a opinion is that one should recite Selichos at a minyan that begins early enough (still night), so he can’t be wearing Tefillin.
Rabbi A. Bartfeld as revised by, Horav Dovid Pam, Horav Aharon Miller, Horav Chanoch Ehrentreu and Horav Kalman Ochs Shlit'a
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Posted 9/1/2023 12:35 PM |
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# 4418 Know Where You Stand
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Q. Is it necessary to stand during the saying of Selichos or is it enough to do so only when reciting the 13 Middos?
Can one laying on a stretcher in a hospital minyan recite the 13 middos?
A. Poskim write that it is preferable to stand while reciting Selichos. However when it is difficult due to age or health issues one should try at least to stand for the Yud Gimel Middos.
Horav Shlomo Miller’s Shlit’a opinion is that if one is unable even to seat when in the stretcher, one may recite the Yud Gimel Middos. However, if possible he should lift the back of the stretcher a bit
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Rabbi A. Bartfeld as revised by, Horav Dovid Pam, Horav Aharon Miller, Horav Chanoch Ehrentreu and Horav Kalman Ochs Shlit'a
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Posted 9/1/2023 12:33 PM |
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# 4417 The Selichos Rights
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Q. One who recited Selichot during the Yamim Noraim, does he also daven Shacharit? Or does an Avel have preference? How about Mincha?
A. On a similar question (2830) we were asked; “The minhag in our shul is that during selichos days, the one who says selichos also davens for the amud, An ovel has been davening for a while by us, and has a chazoko (established rights) to the amud, but he is unable to say selichos. What has priority, the chazakah of the ovel or the minhag of the shul?”
To what we answered: “Horav Shlomo Miller Shlit’a quoted the minhag of the Toronto Kollel and other Ashkenazi institutions were avelim don’t daven shacharis during selichos.
If the minhag of your shul is that the one who recites selichos also davens for the amud, then it takes precedence and priority and the ovel does not daven shacharis by the omud during those days. However another ovel who is able to recite selichos can then take over.”
Rabbi A. Bartfeld as revised by, Horav Dovid Pam, Horav Aharon Miller, Horav Chanoch Ehrentreu and Horav Kalman Ochs Shlit'a
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Posted 9/1/2023 12:31 PM |
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# 4416 The Record of the Accord
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Q. See question above. Does that prenuptial agreement qualify as the traditional ‘T’naim’ that are written at the time of the Vort? Should they be included in the traditional ‘T’naim’ before the chupa or mentioned therein?
A. Horav Shlomo Miller’s Shlit’a opinion is that the prenuptial agreement does not have to be brought to the Chupa or be included with the T’naim when delivered at that ceremony before the Chupa.
Rabbi A. Bartfeld as revised by, Horav Dovid Pam, Horav Aharon Miller, Horav Chanoch Ehrentreu and Horav Kalman Ochs Shlit'a
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Posted 9/1/2023 12:26 PM |
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# 4415 All In Agreement?
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Q. Is it permitted to engage in a prenuptial agreement before a wedding that is drawn by a non-frum lawyer?
A. Horav Shlomo Miller’s Shlit’a opinion is that such a lawyer could be used when needed, however a clause must be added to this agreement, that it has to meet, maintain and keep all Torah rules and principles that apply.
Rabbi A. Bartfeld as revised by, Horav Dovid Pam, Horav Aharon Miller, Horav Chanoch Ehrentreu and Horav Kalman Ochs Shlit'a
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Posted 9/1/2023 12:24 PM |
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# 4414 The Winds of Caution
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Q. Someone has a close friend that was his neighbour and went to school together with from early youth. He knows that his friend as a child had a cancerous tumour that although it was removed, yet he knows that it could return.
The friend became recently engaged to another family that he also knows. Yet, he does not think they are aware of the health problems that his friend suffered with as a child and may return. Is he obliged to tell them?
A. Sifra (Vayikra 19: 14) explains that the prohibition of ‘Don’t place a stumbling block in front of the blind,’ includes telling one about to get married wrong information that could be detrimental in the future.
Chofetz Chaim (p.233) rules that it includes also not informing of existing prejudicial conditions on one about to be wed to an affected partner. However, he mentions most important conditions to be met.
Horav Shlomo Miller’s Shlit’a opinion is that in our particular case is that if the projected natural life expectancy of the one to be married at that age would be ‘x’ years predicted by by a certain percentage and the added risk would diminish
it by an equal percentage, he must inform the future partner.
Rabbi A. Bartfeld as revised by, Horav Dovid Pam, Horav Aharon Miller, Horav Chanoch Ehrentreu and Horav Kalman Ochs Shlit'a
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Posted 9/1/2023 12:23 PM |
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