Q. Can one comply with the mitzva of Kabbolas Pnei Horav (visiting or calling on one's Rov during a Chag) by calling on the phone during Chol Hamoed, when it was difficult to visit personally?
A. Poskim disagree whether the mitzva of Kabbolas Pnei Horav Baregel is Biblical (Sdei Chemed - Cheis: 100, quoting Bnei Yehuda) or Rabbinical (Shaar Efraim 38 and others).
They also disagree whether it applies in our days. Shulchan Aruch omits it. Noda Beyehuda (2: O.H. 4) maintains that it does not. Orchos Rabbenu also asserts that it refers only to Rabo Mubak or prime teacher and in our times we learn mostly from seforim.
However, Yaaros Devash (1: 12), Kabo Dekushyiso (81) and others opine that it does apply.
Halichos Chaim (2: p. 100) quoting R"Ch Kanievsky Shlit'a is of the opinion that you do not comply by calling on the phone.
Horav Shlomo Miller's Shlit'a opinion is that in principle we follow the opinion of the Noda Beyehuda (ibid.), however there are other "inyonim" and important issues involved such as Kavod Hatorah, honoring and learning it; and these can be complied with even in our days and even by calling in.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
Q. Re- above question 2389. Would the Rov permit the use of a sukka as a family room or a toy room, where children play and rejoice together?
A. As in the above question, the Rov's opinion is that great decorum, honor and respect has to be maintained in a sukka where the presence of the Shechina is manifest and received. (Horav Dovid Pam Shlit'a mentioned that a good way to measure what is proper in a suka. is by thinking if the invited Ushpizin (the Patriarchs) would feel honored and comfortable visiting it).
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
Q. We enjoy warm climate during sukkos and we spend a good time at the pool and at our hot tub during chol hamoed. Since we are all dressed properly for swimming, would it be correct to build a suka covered with palm leaves and with side curtain walls on top of the pool or tub, so we can comply with this important mitzva for hours? I have seen many Bnei Torah learn a sefer, wear tzitzis and recite brochos while at the (separated) pools and beaches of kosher hotels. Why should this mitzva be any different?
A. On question1076 regarding reciting brochos and learning Torah while sunbathing at a separate beach or swimming pool area, when just wearing a bathing suit and having the head covered, we wrote: "Shulchan Aruch (O.H. 74: 6) rules that for the sake of reciting the shema it suffices if one covers downwards from his loins. Therefore if one also covers his head in principle he can recite brochos and learn Torah while wearing only a bathing-suit. However, Mishna Berura (ibid. 22) rules that this is only when in need. On the onset, one should wear a robe or cover with a towel, when making a brocho and certainly when reading the shema. One should also be careful to wash and maintain the hands clean when reciting the brocho, since touching body parts that are usually covered renders them unfit.
In regards to learning Torah or reading Torah related material while sunbathing and being dressed only in a bathing-suit and wearing a kipa, Horav Shlomo Miller’s Shlit”a opinion is that for learning Torah when in need, you don’t have to cover completely."
Horav Shlomo Miller's Shlit'a opinion is that although, if one would eat or spend time there, one would indeed comply with this mitzva, however, in regard to the mitzva of Sukkos that is called "Tziloh Demeheimenusso," or seating at the shade of the Shechina, and requires great respect and devotion, the Rov maintains that it is improper to do so in the above circumstances.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
Q. Can a group that learns the daf daily do so during lengthy hakofes on Simchas Torah, after having had their hakofe, if the shiur is held in a separate room?
A. On question 1473 regarding learning during hakafos we wrote: "Mishna Berura (669: 11) conveys the great importance and significance of dancing, singing and rejoicing with the Torah when honoring the Torah is required, as it is mentioned when Dovid Hamelech conduced the Aron Hakodesh to Yerushalaim (Shmuel 2: 6: 14) “Dovid danced with all his might before Hashem.” He quotes that the Arizal would say, he merited to the most elevated spiritual heights only because he rejoiced and danced with the Torah. Similarly, the Gaon of Vilna zt”l would place all of his effort when dancing and rejoicing on Simchas Torah. The Rambam (end of H. Lulav) also describes amply the great obligation one has to rejoice and dance with the Torah.
Haelef Lecha Shlomo (37), rules that it is prohibited for someone to decline or reject being given an hakkafa, as it is akin to refusing to take an aliya, when one is called to the reading of the Torah. (See Brachos 55a, that such behavior shortens one's life time).
However, Horav Shlomo Miller's Shlit'a opinion is that once one has complied with the above, and it is difficult for him to continue, he should definitely rather learn, than just squander time."
The Rov maintains that this is certainly more correct when one is dealing with the Talmud Torah of rabbim or many as in a daf shiur.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
Q. A Sefer Torah that is constantly read on Parshas Pinchas and was found to have at least three letters where the ink cracked and fell turning the Sefer pasul, can you just fix the letters erased on that parsha or do you have to check now the complete Sefer Torah?
A. Horav Shlomo Miller's Shlit'a opinion is that if the Sefer was used mainly to be read on Yom Tov or similar occasions when we read Parshas Pinchas, it is likely that the extended use of that particular parsha created the problem and the rest of the Sefer does not have to be checked, if there was no information that other locations have been affected. However, Parshas Pinchas and other neighboring areas that could have been damaged by the extended use, should be inspected and fixed properly.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
Q. Can one enter the unlocked suka of a friendly neighbor built on his front yard, without his knowledge (he is not home), to eat one's own food and leaving everything as clean as it was?
A. Remah (O.H. 627: 3) rules that on the onset, one should not enter the sukka of a friend without his permission. Mishna Berura (ibid. 9) maintains that one may enter if he knows that the owner is not present and will not be arriving while he uses the sukka, and be disturbed by his presence. This permission is based on the principle that a person agrees that a mitzva should be performed with his property, as long as there is no loss (see question 1559).
Kaf Chachaim (ibid. 15) asserts that if the suka is well decorated and contains chairs with pillows and fresh tablecloths, one should not enter without asking permission.
Horav Shlomo Miller's Shlit'a opinion is similar in case of need.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
Q. My siblings want to interchange some family pictures from our grandfathers that we place as decorations in our sukkos. (We give them ours and take theirs). Is that permitted during Chol Hamoed?
A. Poskim disagree if one can remove from the sukka decorations that will not be used anymore during sukkos, without any need or reason. (Shoel Umeshiv 3: 28, Lehoros Nossan 7: 48-49).
However, they permit placing them in another sukka (Tzitz Eliezer 13: 67, see Piskei Teshuvos 638: 6).
Horav Shlomo Miller's Shlit'a opinion is similar.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
Q. I have learned that the Ananei Kavod would launder and press the clothing of the Bnai Yisroel while on the desert, how could then they exit their tents and go to the Mishkan on Shabbath?
A. Rashi on the posuk (Devarim 8: 4) " Simloscho - Your clothing did not wear out upon you," quotes the Pesikta that teaches: "The clouds of honor would rub their clothes and clean them so that they looked freshly laundered."
Ohr Hatorah (Eikev p. 364) mentions that during their forty-year stay in the desert, the people did not change their clothing at all, even for Shabbos, since the ananei kavod would make them look like new constantly. It is possible that this did not occur during Shabbos, similar to the mon that did not descend on that day.(Both are mentioned in adjoining psukim).
On question 316 regarding drinking from Miriam’s well on Shabbos, in which a Midrash teaches that water did not constantly flow from the well, as it only came when people came close to it. If so should it not be prohibited on Shabbat as it would be similar to a motion detector
To what we answered: It is difficult to envision what would be the Biblically prohibited melocho involved when making the water flow. Even if there is one, Horav Shlomo Miller Shlit”a explained that anything that works by the powers of a miracle is not included in the prohibitions of Shabbos. (Horav Dovid Pam Shlit'a added that the effects of the Ananei Kavod may not be subject to going out of one's tent at all).
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
Q. (Re - question 2382.) Are the above intentions essential? If someone did not have kavana on the ananei kavod, did he not comply with the mitzva and has to repeat eating with a new bracha?
A. Mishna Berura (625: 1) rules that one should intent while performing the mitzva of sukka that we exited the slavery of Mitzraim and merited the Ananei Kavod. However, these kavonos are only for performing the mitzva properly and correctly. Nonetheless, if one did not have those intentions in his mind, he still complies after the fact with the mitzva, as long that he intended to perform one.
Other Poskim disagree and maintain that without the added intention required by the posuk "lemaan Yedu," one does not comply with the mitzva and should repeat it. (Bach 625 and 8, Bikurei Yaakov 625: 3, Beis Yitzchok Y.D. 2: 168, Moed Lekol Chai 20, and others).
Horav Shlomo Miller's Shlit'a opinion is similar to the Mishna Berura.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
Q. In regard to the intention needed when sitting in the sukka , should one preferably have both kavanot together, clouds of honor and real sukkot, in his mind at the same time? or maybe they are contrary and oppose each other?
A. P'ri Megodim (M"Z 625) maintains that one can focus and concentrate on both intentions at the same time as they are not mutually exclusive.
Chassam Soffer (Droshos 1: p. 55) quotes from Chayei Adam that they were indeed both types of sukkos present while in the desert. For those in a higher spiritual state the ananei kavod was their main abode. For those who were expelled from the machane and had to camp outside of the protection of the honor clouds, they had to build their own material sukkos. (See Piskei Teshuvos 625 : 1: n.3).
Horav Shlomo Miller's Shlit'a opinion is that the main kavana should be on the ananei kavod as is the opinion of Shulchan Aruch (O.H. 625: 1). However one may preferably concentrate on the real sukkos too.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
Q. Since intention is a very important part of any mitzva, what is the right kavanah that one should have when making the bracha on the sukka? the intention to remember the Ananei Kavod (clouds of honor) or the material sukot that the nation constructed when exiting Mitzraim?
A. Talmud Sukka (11b), mentions a disagreement between Rabi Eliezer and Rabi Akiva as to what the posuk “I made the children of Yisroel reside in sukkos” (Vayikra 23: 43), is referring to. Rabi Eliezer maintains that they were clouds of honor, while Rabi Akiva opines they were actual common sukkos.
Shulchan Aruch (625: 1) rules that they were clouds of honor that protected the nation from the heat of the sun. So also do Rashi and Ramban. Since we usually follow the opinion of Rabi Akiva in a disagreement with Rabi Eliezer, Bach explains that they follow the translation of the Targum.
However, P'ri Megodim (M"Z ibid), quotes Rashbam who rules like Rabi Akiva. While Birkei Yosef mentions that there is a variant version of the Talmud that reverses the names of the opinions quoted.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
Q. Is it really correct that Horav Shlomo said in a shiur that one may store and save his saliva for use during Yom Kippur to swallow necessary medical pills?
A. Mishna Berura (567: 13), quotes Magen Avrohom that it is permitted to swallow our owns saliva, even though we rule that it is not permitted to drink even liquids that are not fit to drink, swallowing saliva is different, since the intention is not for drinking at all.
Bach (612). cites different opinions regarding how much saliva is one allowed to swallow in Yom Kippur. Chayei Adam (132: 22) and Mateh Ephraim (ibid. 22) maintain that on the onset one should preferably avoid swallowing saliva that has accumulated in the mouth.
Moadim Uzemanim (1: 59) mentions that Hagra'ch Soloveitchik and the Brisker Rov zt'l were extremely careful not to swallow their own saliva when it accumulated during Yom Kippur.
However, many Poskim are lenient and maintain that this is not the accepted tradition. (Beis Meir, Eishel Avrohom Butchatch; 613. Aruch Hasulchan ibid. 4, Piskei Teshuvos 567: 2). Excepting, when particles of food are still in one's mouth. at the beginning of the taanis.
Moadim Uzemanim (ibid.), adds that on Yom Kippur, one should not intentionally accumulate saliva in one's mouth and then swallow it.
Horav Shlomo Miller's Shlit'a opinion is that when in need for swallowing necessary pills, it is permitted to store one's saliva even in a cup and save it for use during Yom Kippur.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
Q. Can one join two beams with plastic zip ties, to use them when placed across the width of a large Suka,(20 ft.), as a base for the schach? Would it be permissible to join them with bolts?
A. Horav Shlomo Miller's Shlit'a opinion is that it is permitted since it is considered only a "ma'amid dema'amid" or indirect support of the schach with items that cannot be used for schach (plastic zip ties and bolts). The schach rest on the beams, and the beams are joined by the ties. However, the Rov mentioned, that the opinion of the Chazon Ish is to be stringent even on any number of ma'amidim.
(As far as the holes created on the beams for the bolts, the Rov maintains that it does not disqualify the beams for schach.)
Instead of joining the beams with questionable plastic ties (including their strength safety), one may try using triangular beam placement on the corners of the suka, and then continue joining the rest.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
Q. I'm a physician that has to be present the night of Yom Kippur at the operation of a patient that may be Jewish. I can't refuse being there since I had already accepted doing it in that afternoon, but the time were changed. I will have to daven that night by myself. Do I say Kol Nidrei? Should I try to find three other people?
A. Horav Shlomo Miller's Shlit'a opinion is that you should try you utmost to be replaced by others, explaining the importance of what keeping Yom Kippur means to you, and that for you it is a practical emergency not to attend.
It it cannot be avoided and you assess that you have to attend because the life of the patient is at risk, you should consult a competent Rabbi as to the details of your attendance.
When you daven later even late at night, you do recite Kol Nidrei by yourself and you do not need the presence of a court of three. You likely already said Hataras Nedarim on the eve of Rosh Hashana.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
Q. May one daven Neilah at great length, pronouncing the words with great concentration and adding many requests and supplications, even though this will cause him to miss saying the selichos of Neilah and possibly not to daven Maariv with the minyan?
Or should one rather shorten his supplications in order to participate in selichos and Maariv?
A. Horav Shlomo Miller's Shlit'a opinion is that one may extend his Neilah amida with great concentration and adding many requests and supplications, but he should daven Maariv with a minyan.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
Q. There is a type of music called EDM which is music made by a computer with no words. This type of music generally has a very fast and exciting beat. In the goyish world, this type of music is generally used in very hefker settings, to say the least. What is the halacha (lechatchila) of a yid listening to goyish electronic music with no words? Does the halacha change if it is being used to help one exercise?
A. Horav Shlomo Miller's Shlit'a opinion is that one should stay away from this type of music, since it represents, implies and reflects very negative issues and images.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
Q. One who is being paid to daven with a certain minyan and one day he came but there was no minyan (they didn't have ten people), does he get paid for that day?
What if the doors of the shul were locked until 30 minutes after the scheduled starting time - at what point does one have the right to say that he will not wait any longer for them to open up the shul and will daven elsewhere? And if he decides to daven elsewhere, does he get paid for coming?
A. Horav Shlomo Miller's Shlit'a opinion is that if the paid mispalel showed up but there was no minyan, he does get paid for that day, unless it was specified otherwise.
The Rov also maintains that a half an hour is a reasonable time lapse, (as it is the time davening can take) for not having to wait more and being paid, unless specified otherwise.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
Q. Re- question above if one sleeping can be counted for a minyan. If he does count as one of the first ten, and he feels that he is falling asleep, should he better stay inside the shul, and not go to another room for a fast nod off?
A. On question 2152 regarding sleeping in a shul or beis medrash we wrote: "Shulchan Aruch (O.H. 151: 2-3) permits sleeping in a beis hameresh and in need even in a shul, Mishna Berura (ibid. 16) quoting R’A Eiger debates the permissiveness, but concludes that for a Talmid Chacham who constantly learns there, even a night sleep is acceptable.
Kinyan Torah (4: 15) quoting Divrei Chaim mentions that there is added leniency in Chassidik shuls that were established with specific tolerant conditions and therefore referred to as a “shtivel” or a room.
However, Horav Shlomo Miller’s Shlit’a opinion is that it is better, for the kavod and honor of the beis hamedresh to exit to another room and sleep there even temporarily, when possible."
The Rov maintains that the same would apply in this case, once there is a minyan without him.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
Q. A person who came to shul among the first ten, and upon arrival fell asleep at a shtender, and when he woke up at the beginning of davening, the beis medrash was full - does he get credit for being among the first ten, even though at the time he was asleep, he did not count for the minyan according to some opinions?
A. Shulchan Aruch (O. H. 55: 6) rules that one sleeping can be counted for a minyan. Mishna Berura (ibid. 34) quotes the Taz and Pri Chodosh dissenting opinions than one asleep is considered as similar to a "shote" (deranged) and cannot be included. However, he maintains that although on the onset he should be wakened, after the fact he counts for the minyan.
Biur Halocho (ibid.) mentions to be stringent on the repetition of the amida, since it could entail reciting brochos in vain.
Piskei Teshuvos (ibid. 12) mentions additional stringent opinions that the inclusion may depend on the position of the sleeper and whether his face is covered, or not.
Horav Shlomo Miller's Shlit'a opinion is that being credited as being among the first ten would depend on the opinions above mentioned. However, the Rov maintains that for many halachos such as gittin etc. the sleeping are not considered shotim.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a.
Q. What is the halacha regarding one who drives in a manner in which disregards traffic laws such as speed limits and stop signs, but he makes sure to be safe and respectful to other drivers?
A. Horav Shlomo Miller's Shlit'a opinion is that disregarding traffic laws may be prohibited by the Halacha of Dina Demalchusa or our obligation to observe and obey the laws of the land, besides their may be a strong possibility of creating a Chilul Hashem by the ones observing his traffic violations.
We may add, that even if this individual thinks he is making sure to be safe, the reality of the unexpected and sudden conditions and constant changes and circumstances of traffic in a road, may easily prove him wrong. Therefore he is endangering the life, limb and property of others.
The Rov maintains that if one is truly careful, the last point may not necessarily apply.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
Important Numbers
