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Have a question? Send it in! Questions are answered by Rabbi Bartfeld.
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# 4292 Sign Away
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Q. See question above. Thank you for your prompt answer. I have also seen often in Kesuvos written specially by an artist or the Chattan himself that there is a considerable separation between the text and the lines for the signatures. Is that also permitted after the fact?
A. The concern of having a significant gap between the last line of text and the signature lines is recorded in Shulchan Aruch. (Choshen Mishpat 45: 6). The reason is to prevent forgeries, since there is enough place to add falsehoods. The space should be less than two lines. (Nachlas Shiva 2, Kesuva Kehilcheso p. 53).
However, some Poskim permit after the fact (Mishpetei Kesuvo p. 359, Kesuva Kehilcheso ibid.)
Horav Shlomo Miller’s Shlit’a opinion is that one should add an additional signature over the others, to reduce that space.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller, Horav Dovid Pam, Horav Aharon Miller and Horav Chanoch Ehrentreu Shlit’a
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Posted 6/16/2023 12:26 PM |
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# 4291 Sign of the Times
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Q. Dear Rov I was at a wedding recently and I saw that the signature of one the witnesses at the Ketuba (marriage document) was almost illegible, you could not tell who signed it. Is that Ketuba Kasher.
Does the marriage ceremony have to be repeated?
A. Lechatchila (on the onset) the witnesses should write their full name and their father’s name clearly and without abbreviations, so anyone who reads it will know who they are.
However, after the fact the Kesuva is acceptable when legal signatures are on it. (Yafe La’alev E.H. 66: 5, Teshuvos Vehanhogos 1: 758, Kesuva Kehilcheso p. 53}
Horav Shlomo Miller’s Shlit’a opinion is similar.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller, Horav Dovid Pam, Horav Aharon Miller and Horav Chanoch Ehrentreu Shlit’a
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Posted 6/16/2023 12:23 PM |
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# 4290 Cut the Cut
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Q. Re- question above of not performing a Bris Mila on Shabbos for a baby whose father isn’t Jewish. If a child is born by IVF from an egg donated by a Gentile mother, is the Bris done in Shabbat?
A. In Vitro Fertilization (IVF) using mature eggs collected (retrieved) from ovaries and fertilized by sperm in a lab, is not uncommon in our days. In the case above, likely the baby will require conversion, and the Bris therefore cannot be done on Shabbos.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller, Horav Dovid Pam, Horav Aharon Miller and Horav Chanoch Ehrentreu Shlit’a
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Posted 6/8/2023 11:46 PM |
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# 4289 So Glad To Hear That
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Q. On question above If someone wakes up in the middle of the night and can’t sleep, if he turns on his cell phone and listens to a shiur, does he have to recite the Bracha on the Torah?
A. As mentioned above, one who just thinks in his mind Torah does not have to recite the brocho. However, Poskim rule that if one hears words of Torah said by others, he should say the brocho. The reason being that we have a rule “Shomea K’eone, one that listens is similar to one that says, and that applies to all blessings like Kiddush, Hamotzi, Shofar, etc. Therefore, hearing a shiur or words of Torah, according to many Poskim does require the brocho. The above is the rule and practice when receiving an Aliya to the reading of the Torah. (Machazik Brocho, Nefesh Chayo and others).
Whether, it applies to someone listening to a shiur on the phone, tape or radio, Piskei Teshuvos (47: n. 59) quotes Halichos Shlomo that considered the shaila and maintains that one should recite the brocho. Therefore, one that travels to shul by car in the morning and listens to a Torah tape, should see to recite the brocho before.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller, Horav Dovid Pam, Horav Aharon Miller and Horav Chanoch Ehrentreu Shlit’a
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Posted 6/8/2023 11:44 PM |
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# 4288 Food for Thought
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Q. We usually assume that just thinking thoughts of Torah while one wakes up in the night does not require to make the bracha on the Torah, is that correct?
A. On question 1434 we addressed the Shaila if one can make a Siyum if certain parts of the Masechta which were learned mentally, but not verbalized. To what we answered:
Shulchan Aruch (O.H. 47: 4) rules that one may think in his mind thoughts of Torah without previously reciting the bracha on the Torah, presumably because he does not comply with the mitzva of learning Torah just by thinking or meditating Torah ideas. However, Mishna Berura (ibid. 7) quotes Hagra’'s opinion that one should recite the bracha before engaging in Torah thoughts. (See Biur Halacha. ibid) Poskim explain that there are various different mitzvos involved in Torah learning. One of them is ”vehagisa.” This book of the Torah shall not leave your mouth; you shall meditate therein day and night. (Yehoshua 1:8, See Sefer Charedim 11 Tziunum Latorah 9.)
See question 270 where we mention Horav Shlomo Miller’s Shlita opinion that you may perform a siyum on Torah learning done just by listening to a tape, as it is considered learning.
Therefore, Horav Shlomo Miller’s Shlita opinion is that you can make a siyum when finishing a masechta that was learned in any language and even if it was learned only mentally, since it is considered learning Torah. (See similar ruling in Ohel Tomid quoting Horav Eliashiv zt’l.
Yet, in practice if one’s hands are clean, one may indeed engage in Torah thoughts while awake at night, before reciting the brocho on the Torah.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller, Horav Dovid Pam, Horav Aharon Miller and Horav Chanoch Ehrentreu Shlit’a
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Posted 6/8/2023 11:36 PM |
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# 4287 Blessings in Disguise?
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Q. If one is speaking words of Torah in a conference or at a celebration and all or even some of his listeners are people who usually one does not expect that they said Birchat Hatorah on that day, is he permitted to continue? Maybe he should recite for them before the bracha? Should he ask one of them to recite it now?
A. On similar question 468 we wrote: “The widely accepted custom is that it is permitted to say or teach Torah to people who have not recited the prior brocho to its study. Throughout generations we have witnessed Gedolim speak at simchas or say eulogies when many of the presents were not necessarily frum yet.
The reason why we don’t incur in the prohibition of Lifnei Iver (placing a stumbling block before the blind, Vayikro 19:14) or at least of Mesayea ledvar aveiro (helping someone perform a prohibited act) is explained by Horav Silverstein Shlit”a quoting Horav Eliashuv zt”l (Aleinu Leshaveach 5 p.636) namely that unlike Birchos Hanehenin (brochos on food etc.) where there is an actual prohibition of eating without a brocho, there is no proscription of learning Torah without first reciting its brocho. He also adds that it is likely that the yet non-frum listener may not have any intention for complying with the mitzvah of learning Torah so no brocho would be required anyway.
Horav Shlomo Miller Shlit”a agrees with the above and added that there may be even a prohibition on reciting birchas Hatorah exclusively for them, since they do not yet have emunah the blessing may be in vane.”
As far as asking one of them to recite the brocho, Horav Aharon Miller Shlit’a mentioned that since he does not yet normally recite this brocho, its value may be questionable
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Rabbi A. Bartfeld as revised by Horav Shlomo Miller, Horav Dovid Pam, Horav Aharon Miller and Horav Chanoch Ehrentreu Shlit’a
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Posted 6/8/2023 11:31 PM |
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# 4286 Don’t Lose Sleep Over This
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Q. Querido Rabino. I sending you a popular question from our distant past and everyone’s present. If someone takes during the middle of the day a ‘siesta’ and sleeps for a couple of hours, does he have to make a Birchat Hatora when he begins learning Torah after he wakes up?
A. This Shaila is actually popular for many elderly everywhere, that often enjoy a ‘siesta’ in the middle of the day.
Shulchan Aruch (O.H. 47: 11), quotes two dissenting opinions on ‘Shinas Kebba’ or established sleep on one’s bed during the day, if it creates an interruption and is similar to the sleep at night. The above will require a new blessing of the Torah when one wakes up. He mentions that the custom is not to recite a new blessing when one wakes up.
However, Mishna Berura (ibid. 25) after also quoting other Poskim, rules that it is accepted if one decides to recite a new brocho on the Torah.
Piskei Teshuvos (ibid 14) quotes many other opinions that it is better not to recite a new brocho. He mentions that in such a case, preferably one should recite the blessing on the Torah without mentioning Hashem’s name or just repeat it in his mind. He adds, that if one is close to davening Maariv, he should have in mind to comply with the blessing of Ahavas Olam and after the end of the Tefila, learn immediately some words of Torah.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller, Horav Dovid Pam, Horav Aharon Miller and Horav Chanoch Ehrentreu Shlit’a
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Posted 6/8/2023 11:25 PM |
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#4285 A Cut Above the Rest
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Q. Dear Rov, I recently overheard a very Frum Mohel refusing to do a Brith Mila on Shabbos, when he was told that the father of the newborn is not Jewish. It made me very angry that he was neglecting to be friendly and mekarev a family that could be turned into proper Baalei Teshuva. Could what be said be correct? After all we follow the mother’s status in determining what the child is, and the baby is Kosher!
A. Indeed many Poskim maintain that the Bris can be done on Shabbos (Pischei Teshuva Y.D. 266: 14, quoting Tiferes Lemoshe). As mentioned to me by some expert Moalim, that is the common tradition these days.
However, Maharam Shik (E.H. 100 – Y.D. 249) rules that the Bris should be avoided during Shabbos, since some Poskim disagree and maintain that such a child does require conversion. Beis Yitzchok (E.H. 29: 11) agrees.
Horav Kalman Ochs shlit'a maintains that מדינא דגמרא one May NOT encourage the goy father to convert.
Horav Shlomo Miller’s Shlit’a opinion is that it should not be done on Shabbos, to stress and emphasize that the father should convert properly
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Rabbi A. Bartfeld as revised by Horav Shlomo Miller, Horav Dovid Pam, Horav Aharon Miller and Horav Chanoch Ehrentreu Shlit’a
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Posted 6/8/2023 11:20 PM |
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# 4284 How Right You Are!
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Q. I teach a daily shiur in our shul after davening to a group of about ten people. There is a second minyan in an adjoining room that davens at that time. On some occasions they don’t have someone that can read the Torah for them and they call me to read when the Sefer Torah is already on the bima. Do I have to stop my shiur and go read the Torah for them?
A. This is indeed a very difficult question to decide which is indeed the most important mitzva. On one side we have the teaching of Torah to the many. While on the other side we have a Sefer Torah on the Bima waiting to be read, and in a way placed in a disrespectful neglected position.
Horav Shlomo Miller’s Shlit’a opinion is that there is an easy way out of the dilemma, and that is to get the best Torah reader available and have someone next to him read quietly and to his ears only from a Chumash that he can then repeat, while reading from the Torah.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller, Horav Dovid Pam, Horav Aharon Miller and Horav Chanoch Ehrentreu Shlit’a
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Posted 6/8/2023 11:18 PM |
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# 4283 Convincing the Converted
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Q. See question above. Is there a mitzva to help people that want to convert and they are doing it with all the required prerequisites and right intentions?
A. Poskim disagree if one complies with a mitzva when converting properly someone to Judaism.
Raibad (Baalei Nefesh – end of Shaar Hatevila maintains it is a mitzva and has the source in Avraham Avinu and Sarah, converting multitudes. Therefore we recite a brocho “Asher Kideshanu Vetzivanu” at the conversion.
There is also proof from Talmud Yebamos 47b saying that when the conversion is correct and proper, it should be done immediately and not be postponed. The term used is; “Shihuei Mitzva Lo Meshahinon” or since we do not delay the compliance of a mitzva. Rashbatz echos this opinion (Zohar Horakia 28)
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However, Mishne Halachos 16: 92) disagrees and quotes opinions that question and assert that there is no such a mitzva mentioned in the Torah at all. He explains the above quotation from Yebamos, as a mitzva limited to the
convert only, since after all he will begin then complying with his new mitzvos.
Horav Kalman Ochs maintains that even according to the opinion there is a mitzva, it would only exist at the moment of conversion.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller, Horav Dovid Pam, Horav Aharon Miller and Horav Chanoch Ehrentreu Shlit’a
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Posted 6/8/2023 11:14 PM |
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# 4282 Mind Their Change?
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Q. Shalom Rav. I’m attending college always having my head covered. Some of my friends in class are interested and want to convert to Judaism. What is the correct way for me to deal with these people that seriously want to convert? Should I just ignore them, or help them? How?
A. Tamud (Yebamos 47a) teaches that we discourage a potential convert who comes to convert in our days, when the Jews are in exile. The judges of the court should say to him: What did you see that motivated you to come to convert? Don’t you know that the Jewish people at the present time are anguished, suppressed, despised, and harassed, and hardships are frequently visited upon them?
However If he says: I know, and although I am unworthy of joining the Jewish people and sharing in their sorrow, I nevertheless desire to do so, then the court accepts him immediately to begin the conversion process.
The best way is likely to refer them to a responsible and qualified Beis Din or Rabbinical institution that commonly deals with this issues.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller, Horav Dovid Pam, Horav Aharon Miller and Horav Chanoch Ehrentreu Shlit’a
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Posted 6/8/2023 11:11 PM |
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# 4281 It Still is a Good Blessing
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Q.
Re- question 4276 you stated that If one made an Eruv Tavshilin, the
purpose is to provide the permission to do a usually prohibited work
in Yom Tov for Shabbos when needed. It fulfills it’s purpose
whether one used it or not, so the bracha recited on it will not
normally be an unnecessary blessing, and he is not obligated to do
some Melacha (work) on Friday to avoid a Bracha L’vatala (an
unnecessary blessing for the Eruv).
So why did Maran Rosh
Yeshiva Zt’l insist that he needed to do melacha to avoid bracha
levatala as was reported?
A.
Moadim Uzmanim (7; 122) rules that even if one already did everything
needed for Shabbos before Yom Tov began, one should still do and Eruv
Tavshilin with a brocho.
However,
Igrois Moshe (O.H. 5: 20) indeed disagrees and rules that if one is
certain that he has done everything for Shabbos before Yom Tov, one
should not recite a brocho before placing the Eruv.
In
reality, most often people have to do something for on Yom Tov Erev
Shabbos, so unless one is totally certain that nothing is needed the
brocho should be said.
As
we wrote: “the brocho recited on it will not normally
be an unnecessary blessing.” even according the Igrois Moshe.
Horav
Shlomo Miller’s Shlit’a opinion is similar.
Horav
Aharon Miller Shlit’a added, that since one should wash before
Shabbos begins his face, hands
and feet, and that is done with hot water, there is normally a
melacha done, and the brocho should be recited
Rabbi A. Bartfeld as revised
by Horav Shlomo Miller, Horav Dovid Pam, Horav Aharon Miller and
Horav Chanoch Ehrentreu Shlit’a
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Posted 6/4/2023 11:54 AM |
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# 4280 Right On Time
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Q. Hello, I like to do Shnaim Mikreh V'achad Targum early in the week. I live in Toronto and this week I had just about finished NASO when I realized its still Shavuot on Shabbat, so Naso won't be read until the next week.
Do I really have to re-do the whole thing or can I rely on the fact that Naso was started to be read in shul on Shabbat mincha last Shabbat?
A. Our group of Rabbonim were unanimous that you don’t have to repeat the weekly needed reading of twice the Hebrew Biblical text (Mikra) and once the Aramaic translation (Targum) of the Parsha (Naso).
The reason as you mentioned, it was read by you after it started to be read in shul on Shabbat Mincha last Shabbat, and you read them on time.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller, Horav Dovid Pam, Horav Aharon Miller and Horav Chanoch Ehrentreu Shlit’a
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Posted 6/2/2023 1:21 PM |
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# 4279 A Meal Ticket?
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Q. Does one need to wash hands and eat bread for a Pidyon Haben Seuda? Or can just eat
Mezonos? Does it override learning Torah?
A. Poskim rule that indeed the Pidyon Haben meal is a Seudas Mitzva (Rema – Shulchan Aruch 551: 10, Sefer Happarness 298, Siddur Yaavetz 29. Trumas Hadeshen proves that it is, since the Talmud (Babba Kama 80a) relates that Rav attended such a meal, and otherwise he would not partake, as mentioned in Talmud Chulin 95b).
However Rashbo (Teshuvos 1: 199) maintains it is not.
Since most Poskim are of the opinion that it is a Seudas Mitzva, one should attend and preferably eat a Kezais (olive volume) of bread. If he has to partake on Torah learning he may shorten his attendance as needed.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller, Horav Dovid Pam, Horav Aharon Miller and Horav Chanoch Ehrentreu Shlit’a
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Posted 6/2/2023 1:07 PM |
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# 4278 The Fastest Longest Fast
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Q. Is it correct that attending a Pidyon Haben is equivalent 84 days of fasting? Why?
A. Sdei Chemed mentions that their may not even be a source for the above, besides that it equals one of the longest series of days of fasting (Shovevim). However, others maintain that it is based on the pasuk (Bamidbar 3: 49): And Moshe received the moneys of their ‘Pidyom’ and that word stands for PD – YOM or translated numerically as 84 Days. (Ilana D’Chaye, Mishmeres Shalom 19: 2 and others quoted in Otzar Pidyon Haben 21:3).
The principle of the 84 fasts is also suggested in Ya’akov Avinu brocho to Reuben (Bereshis 49: 3), in which he said, "Reuben, you are my firstborn; my strength, and the first of my body issue."
As our Sages explain it means that Reuben was conceived from the first seed that left his father’s body, since he did not experience a seminal emission until then. As this most remarkable act occurred when Yaakov was 84 years old, the 84 fasts of the Pidyon of the first born represent the remarkable self-control that Ya’akov Avinu maintained for 84 years (ibid.)
Rabbi A. Bartfeld as revised by Horav Shlomo Miller, Horav Dovid Pam, Horav Aharon Miller and Horav Chanoch Ehrentreu Shlit’a
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Posted 6/2/2023 10:45 AM |
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# 4277 Dancing to Another Tune?
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Q. In my Yeshiva there is dancing on Motzoei Shavuos after Neilas Hachag before Maariv. It starts well after the Z’man. Is it correct to say Hamavdil before dancing or unnecessary?
A. There are different Minhagim and traditions regarding dancing even on Shabbos or Yom Tov itself. As some shuls do when a Chosson - Kalah are present, and all do in the Yom Tov of Simchas Torah.
See question 205 regarding a shul were every Shabbos eve after Kabbolas Shabbos and Maariv there is a rikud, as part of honoring Shabbos. (Some say that on Shabbos Chazon that coincides with Tisha Beav it should not be done, as it constitutes Avelus Befarhasia)
Rabbi A. Bartfeld as revised by Horav Shlomo Miller, Horav Dovid Pam, Horav Aharon Miller and Horav Chanoch Ehrentreu Shlit’a
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Posted 6/2/2023 10:22 AM |
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# 4276 It was a Good Blessing
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Q. If one made an Eruv Tavshilin, is he obligated to do some Melacha (work) on Friday to avoid a Bracha L’vatala (an unnecessary blessing for the Eruv)?
If a person is hospitalized on Yom Tov does he need to figure out a way to do Melacha to save himself from a Bracha L’vatala?
A. The Eruv Tavshilin’s purpose is to provide the permission to do an usually prohibited work in Yom Tov for Shabbos when needed. It fulfills it’s purpose whether one used it or not, so the bracha recited on it will not normally be an unnecessary blessing.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller, Horav Dovid Pam, Horav Aharon Miller and Horav Chanoch Ehrentreu Shlit’a
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Posted 5/31/2023 5:33 PM |
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# 4275 A Shailah that Speaks for Itself
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Q. Dear Rabbi. I’m in the process of conversion and I try very diligently to learn as much as possible all the Mitzvot and precepts of the Torah and to keep as much as I can and should, so I will be well prepared and ready at the time of the conversion.
Since in my secretarial work I’m involved with issues that can be understood as being Lashon Horaa, I wonder if before converting I’m already involved in that prohibition?
A. On question 1685 addressing the Shailah if Gentiles are included in the speaking Lashon Horah prohibition , we wrote:
“Horav Shlomo Miller’s Shlit’a opinion is that Gentiles are not included in the speaking lashon horah prohibitions, since these proscriptions are not part of the seven Noahide Mitzvos. (Sanhedrin 56a). However, when the lashon horah causes damage or harm to others, as it often does, it would be included in the Noahide mitzva of not stealing from and harming others.
Poskim disagree the exact definition and nature of the mitzva of dinim or carrying out justice. It definitely includes a requirement that Gentile societies establish courts and prosecute those who violate the Noahide laws (Tosefta, Avodah Zarah 9:4; Rambam, Hilchos Melachim 9:14). Ramban (Bereishis 34:13) contends that the mitzva of dinim also prohibits injuring or abusing others or damaging their property.”
Rabbi A. Bartfeld as revised by Horav Shlomo Miller, Horav Dovid Pam, Horav Aharon Miller and Horav Chanoch Ehrentreu Shlit’a
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Posted 5/28/2023 10:23 PM |
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# 4274 A Bird in Hand is Worth ...
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Q. Rov we share a neighbor that has in his back yard during the summer chickens that the kids love to play with. They have inside the fenced enclosure were they stay, also a small cubicle where they nest, lay eggs and are protected from pray animals at night. Can one close during Shabbos the door to it or is it considered prohibited trapping?
A. Mishna Berura (316: 58) rules that household chickens that are
already used to being in captivity and are subdued one may touch them
and enclose them into their smaller cubicle, since as is, they are
already in a fenced enclosure that they enjoy for their feed and
protection.
However, many Poskim maintain that there may still be a
Rabbinical prohibition (see opinions quoted in Hatzeida Beshabbos p.
28). See also Aruch Hashulchan ibid 37 who is more stringent.
Horav
Shlomo Miller’s Shlit’a opinion is similar when
not
in need.
Rabbi A. Bartfeld as revised by Horav Dovid Pam, Horav Aharon Miller and Horav Chanoch Ehrentreu Shlit’a
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Posted 5/28/2023 2:27 PM |
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# 4273 Read Between the Lines?
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Q. In our shul we read Megilat Ruth as well as others Megilot from one written on a Klaf (parchment), that resembles a small Sefer Torah. The only one that knows how to read that type of Megila will not be able to attend our shul on Shabbat when Ruth is read this year.
We have two options. We read Ruth from a Tanach or Chumash as most congregations do. Or we read from the Klaf Megila by our usual Baal Koreh, but in the first day of Shavuot (Friday) when he will be present. Which is the best option.
A. Horav Kalman Ochs Shlit’a suggested that it may be read as usual on Shabbos the second day of Shavuos, with someone quietly reading it first and the Baal Koreh repeating. He may similarly have an open Chumash in front of him and looking at each posuk first before reading the Klaf Megila.
Horav Shlomo Miller’s Shlit’a opinion is that since in Eretz Yisroel the Megila is read on the Friday the first day, in need it could be read by the proper Baal Koreh on that day.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller, Horav Dovid Pam, Horav Aharon Miller and Horav Chanoch Ehrentreu Shlit’a
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Posted 5/24/2023 10:47 PM |
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Important Numbers
