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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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# 4413 Don’t Forget to Remember?
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Q. In a shul where the sell the Aliyot for the Torah, should one invest on getting the last Aliyah or Maftir of Parshas Ki-Tetzeh to be able to read the Parsha of Amalek from the Sefer Torah itself as done during Parshas Zachor and thus comply with the mitzva of remembering what Amalek did to us?
A. Horav Shlomo Miller’s Shlit’a opinion is that it is not necessary or beneficial.
However, our other Rabbonim disagree.
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 8/31/2023 4:09 PM |
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# 4412 Code the Crack
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Q. A shofar that has a very small crack in its upper edge, that does not go over the inside, as it only shows when one inspects it carefully, is it kosher for blowing on Rosh Hashono?
A. Horav Shlomo Miller’s Shlit'a opinion is that you may blow with that shofar.
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 8/25/2023 1:46 PM |
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# 4411 Blow Your Own Horn
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Q. See question above: The same individual who protested my blowing shofar in shul, told that besides it was already late and one should not blow the shofar at night. Is that correct? Can one training to blow the shofar for Rosh Hashana do so at night?
A. On question 59 we wrote: “I’m learning to become a Baal Tokea but the friend teaching me can only do it at night is that OK?
Aruch Hashulchan (581: 12) rules that one should not blow the shofar at night, since it awakens negative awakenings and intentions, even if his purpose is only for learning.”
Mekor Chaim (591), Moed Lechol Chai (11: 51) and others (See Nitei Gavriel 4: 12) also mention to abstain.
However, from Magen Avrohom ruling that one should not blow the shofar on the night before Rosh Hashana, it seems that otherwise it is permitted
Horav Shlomo Miller’s Shlit”a opinion is that you may blow at night the shofar for learning purposes.
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 8/25/2023 1:44 PM |
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# 4410 Blowing the Blow?
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Q. I was training in our large Beth Haknesseth to blow the shofar. Then someone apparently a Rabbi, who noticed the voices (open windows) came in from the street and told me that it is incorrect to learn how to blow the shofar in a shul. And I should do so from the Ezras Nashim. Is that correct?
A. Mekor Chaim (591), Moed Lechol Chai (11: 51) and others (See Nitei Gavriel 4: 12) indeed advice not to learn how to blow shofar in the shul itself.
However, Horav Shlomo Miller’s Shlit’a maintains that since one who is learning how to blow has to have at least in his mind at that time, the Halachos, traditions and likely intentions necessary for performing the mitzva correctly, it is permitted to do it in the shul itself
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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 8/25/2023 1:42 PM |
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# 4409 Fly Over It
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Q. Since you mentioned in the above shailos, again and again that a leading Talmid Chacham or a known Rosh Yeshiva, should avoid eating in public, how come I have seen the best of the best eating a meal when traveling in an airplane?
A. Horav Aharon Miller Shlit’a explained that because of the singular conditions and the need involved, it is seen as similar to eating food in a restaurant that is usually permitted.
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 8/25/2023 1:40 PM |
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# 4408 Good Show
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Q. See original question above. (Can I eat popcorn in a theater if all the ingredients are kosher? Is it not proper for one to eat in a public place?)
A. Horav Shlomo Miller’s Shlit’a opinion is that since you are after all seating in a theater, (assuming that there is a proper Mechitza between men and women and the presentation is also proper), since people usually as in your case benefit from the kosher food available, there is no issue of the avoidance of not eating in public, being similar to a wedding or other permitted seudah.
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 8/25/2023 1:37 PM |
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# 4407 Eat Away
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Q. See question above. Is there a proscription of eating in public when traveling in a bus to a Simcha or similar?
A. Divrei Sicha (p. 527) rules that a Talmid Chacham should be stringent and not eat even when traveling in a rented bus.
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 8/25/2023 1:35 PM |
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# 4406 Drinking on the Run?
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Q. See question above. Thanks for that unusual answer. I wonder if it does it also apply to drinking, like sipping from a coffee or a soft drink while walking to one’s car, that I have seen some Bnai Torah also do?
A. Siach Yitzchok (479) mentions that we usually maintain that in general drinking is included in eating, so it should be prohibited.
Yet, it is mentioned in a story (Brochos 54a) that Mar Breih Deravinoh was thirsty and miraculously a water source appeared to him in the street. However, he debates whether that could have been a just life saving case.
Curiously, once upon time, Poskim dealt with the shaila of smoking in the street.
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 8/25/2023 1:33 PM |
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Important Numbers
