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#716 Fraudster Second Maser
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Q. If this (the tzedaka given to a collector who turned out to be a fraud and a con) was part of my maser money, do I have to compensate or does it count?
A. Horav Shlomo Miller's Shlit"a opinion is that you do not have to replace the ma'aser money, as this is similar to one giving his terumah or ma'aser rishon to an Yisroel, and informing him of the nature of the gift. It places now the onus on the recipient to convey the produce to the proper Cohen or Levy. In this case the fraudulent collector has now the obligation to pass on the tzedaka to the poor.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 2/13/2015 12:01 AM |
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#715 Matan L'Con
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Q. If I gave tzdaka to a collector who turned out to be a fraud and a con, did I do a mitzva?
A. Poskim disagree whether giving tzedaka to a wicked or immoral individual is considered a mitzvah or no. Yad Remah (Bava Basra 9b,) deduces from the incident of Prophet Yirmiyahu (18: 23, Bava Kama 16b)) praying that the people of Anassoth even when they are prepared to do charity, Hashem should cause them to stumble and donate to the unworthy, that no reward is forthcoming for that charity.
Sefer Chasidim (61) adds that not only a mitzvah was not done, but also it would be considered an actual offense, since he is supporting undeserving and sinful individuals.
However, Gilyoney Hashas (Bava Kama 16b) deduces from Rabbenu Yonah's permission to feed individuals who did not wash Netilas Yodaim, that one does comply with the mitzvah. Similarly, Nimukey Yosef (ibid.) maintains that if the givers intentions were to correctly observe the mitzvah, and he was unaware of the unworthy condition of the recipient, he complies with the mitzva.
The Chidah (Rosh Dovid, Shoftim) maintains that the above depends on the disagreement between Rabbi Meir and Rabbi Yehudah (Kidushin 36a) whether if Bnay Yisroel in a state of no compliance with the mitzvos are still called Bonim or Hasem's Children.
Meromey Sade (ibid.) distinguishes between wicked or immoral people and individuals who fraudulently represent themselves as poor when they are not. Since you are not actually giving tzedaka to a poor man.
Horav Shlomo Miller's Shlit"a opinion is that the giver complies with the mitzvah in the sense of someone who wanted to do a mitzvah and then he accidentally was not able to fulfill his wish (Kidushin 40a)
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 2/12/2015 11:53 PM |
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#714 Oichlin Lanolin?
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Q. The Gemarah in Bechoros 6b says that I would have thought milk is Aver Min Hachai if not for the posik.
What is the status of lanolin oil, the oil is of sheep's wool; may I use it on my lips, dishes etc?
A. Shach (Y.D. 81: 12) , P'ri Toar (ibid. 9) and other Poskim maintain that the prohibition of Ever Min Hachai and Yotze applies only to the meat itself. The lubricant Lanolin is extracted from the wool grease yielded from the wash when cleaning and preparing the wool. Adding the fact that the original secretion extract is unsuitable for human or even animal consumption (See Achiezer 2: 11,) therefore many Poskim permit its use. However, there are to be found in the market Kosher Lanolin and a further derivative from it; vitamin D3.
Horav Shlomo Miller's Shlit"a opinion is that there are enough lenient factors involved to permit the use of Lanolin.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 2/12/2015 11:50 PM |
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#713 A Blessed Aliyah?
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Q. When making Aliyah is there a Bracha for the Mitzvah of Yishuv Eretz Yisrael?
If yes, which Bracha and when should it be recited?
If no, why not since most Poskim agree you are Mekayam the Mitzvah
A. Horav Shlomo Miller's Shlit"a opinion is that you follow the p'sak of most Poskim that maintain that no such brocho is mentioned anywhere and there is no tradition to recite it.
Horav I. Zilberstein Shlit"a (Avnei Chein p.169) mentions that his brother in law Horav Chaim Kanievsky Shlit"a explained to him that we don't recite a brocho on mitzvos that we do constantly, such as the six mitzvos temidios. Yshuv Eretz Yisroel would be similar.
Brocho Mitzion (p. 9) after also mentioning the above reason presents a novel idea. Based on the principle of the Aruch Hashulchan (CH.M. 427: 10) that our sages did not institute a brocho on mitzvos which are sichlios or based on reason and good sense. These mitzvos people would ordinarily perform them without being ordained to do so, such as tzedaka or repaying a loan etc. He claims that Yishuv Eretz Yisroel qualifies as such, since any people tend naturally to settle and reside in their own ancestral land and strive to build it and protect it.
Birchas Ha'aretz (p. 427) conveys an interesting principle. Mitzvos that are primarily done by mainly deriving material benefit or attaining a physical pleasure, such as eating a seuda on Shabbos, Yom Tov or Erev Yom Kippur we don't recite a brocho. He proposes that Yishuv Eretz Yisroel is similar. However, he questions why the eating of matzo or korbonos does require a brocho and explains that the mitzvo is in the many details involved in the proper compliance of such mitzvos.
Birchas Hamitzvos Ketikunon (p. 384) and Rivavos Efraim (4: 44) add an additional perspective by stating that we actually do recite a brocho for Yishuv Eretz Yisroel every time we say Birchas Hamozon or Al Hamichiyo.
However, Horav Shlomo Miller Shlit"a pointed out that the above brocho is a blessing of hoda'a and gratitude, not a brocho on a mitzvah.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 2/12/2015 11:48 PM |
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#712 A Very Alien Shaile
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Q. What bracha if any would you do if you saw an alien?
A. See prior answer. Horav Shlomo Miller's Shlit"a opinion is that in the unlikely event that you may come in contact with an extraterrestrial creature, no brocho would be recited, since our sages did not institute such a blessing.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a.
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Posted 1/16/2015 2:10 PM |
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#711 An Alien Shaile
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Q. What is Horav Miller's opinion in regards to intelligent life in other planets? Does the Torah accept it as a possibility?
A. Rabbi Aryeh Kaplan Zt"l (The A.K. Reader) mentions that one of the first to discuss the question of extraterrestrial life in general was Rabbi Chasdai Crescas (Or Hashem 4:2). After a lengthy discussion, he comes to the conclusion that there is nothing in Jewish theology to preclude the existence of life on other worlds. As possible evidence for extraterrestrial life, he quotes the Talmudic teaching (Avoda Zara 3b) that "God flies through 18,000 worlds." Since they require His providence, we may assume that they are inhabited.
The exact opposite opinion is that of Rabbi Yosef Albo, author of the "Ikkarim." He states that since the universe was created for the sake of man, no other creature can exist possessing free will. Since any extraterrestrial life would neither have free will nor be able to serve a creature having free will (as terrestrial animals and plants serve a terrestrial man), they would have no reason for existing and therefore be totally superfluous. One could bring some support to the second opinion from the Talmudic teaching that every land where it was not decreed for man to live was never subsequently inhabited. However, here again, it is not absolute proof, since this may only refer to our planet.
Between these two extremes, we find the opinion of the Sefer Habris who states that extraterrestrial life does exist, but that it does not possess free will. The latter is the exclusive possession of man, for whom the universe was created. The 18,000 worlds mentioned earlier, in his opinion, are inhabited physical worlds. The proof that he brings for his thesis is most ingenious. In the song of Deborah, we find the verse, "Cursed is Meroz... cursed are its inhabitants" (Judges 5:23). In the Talmud, we find the opinion that Meroz is the name of a star. According to this opinion, the fact that Scripture states, "Cursed is Meroz... cursed are its inhabitants" is clear proof from the words of our Sages for extraterrestrial life. (Excerpts quoted by Torah org.)
Rabbi Menachem M. Schneerson Zt"l, the Lubavitcher Rebbe mentioned "One who declares that there is no life besides on earth is limiting the Creator's abilities." (Sichas Hashavua Shoftim 5749)
Horav Shlomo Miller's Shlit"a opinion is that although many contemporary scientists believe that it is only a matter of time until extraterrestrial life is discovered, that is not the Torah view. There is indeed an extreme large number of stars in the universe (10 x 18 power according to Rabbi Kaplan understanding of Talmudic and Midrashic sources, contemporary estimates from astronomers vary between 10 x 21 to 10 x 24 approximately,) however, any likelihood for the development of intelligent life on the planets they may contain would reasonably be similar to the chances of that happening on planet Earth. That probability is mathematically non-existent for believers in the truth of the Torah. It would require the will of Hashem to create such life. From what we understand from our Torah, no clear indication or need for their existence is mentioned.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a.
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Posted 1/16/2015 2:09 PM |
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#710 Avoiding Avonos on an Oven.
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Q. If I came to a hotel that has an oven can I turn on the oven or do I have to be concerned that there are meat and milk drippings on the oven floor?
A. Horav Shlomo Miller's Shlit"a opinion is that if you need to use a treif oven or microwave (when the kosher food is covered and properly insulated. See question 322 on this forum) you should clean first the oven from any unburned remnants of food. You do not have to be concerned for the imbedded (balua) meat and milk absorbed in the inner surfaces of the oven. Additionally they are probably either burned and inedible or completely cooked and likely there is no "bishul achar bishul" (repeated cooking).
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit"a
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Posted 1/16/2015 2:03 PM |
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#709 Not the Same Without the Name
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Q. Do you repeat the bracha if you see it (the Aurora Borealis) the next night, or only after 30 days?
A. See the above response. Being that you do not recite the brocho with Hashem's name it could be said every night.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 1/16/2015 2:02 PM |
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#708 Blessing Rites on the Northern Lights
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Q. What bracha if any, do you make when watching the Aurora Borealis?
A. Although the Northern Lights is a display of one of the most striking and magnificent phenomena in nature, Horav Shlomo Miller's Shlit"a opinion is that since this event is not recorded in the Talmud or Poskim directly, one should recite Ose Maase Bereshis without the name of Hashem.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 1/16/2015 2:01 PM |
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#707 Meet the Unintentional Cooking of Milk and Meat
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Q. Is it permitted to reset a main fuse in an apartment building at dinner time. It's a Sufik D'orisa if people may have pots of Bosor B'cholov on their stoves and you are making it cooked.
A. Horav Shlomo Miller's Shlit"a opinion is that this constitutes a case of a "dovor sheino miskaven" (an unintentional act) when at the same time it is also not a "p'sik reisha" (an unavoidable act), since it is not a certainty that someone in the building will be cooking meat together with milk at that time in a prohibited manner. When these two conditions coincide, it is permitted.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit"a
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Posted 1/16/2015 2:00 PM |
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#706 A Shower of Brochos?
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Q. Do you repeat the bracha (when seeing a meteor shower) if you see it next night, or only after 30 days?
A. When you do recite a brocho (see last question,) Mishna Berura (227: 1-2) rules that in the case of a meteor shower you only make one brocho per night. However when reciting over a comet, since it is the same astral object, you do not recite until thirty days have passed (see also Shaarei Teshuvo and Shulchan Hatahor ibid. Kaf Hachaim ibid.: 3, Otzar Halachos p. 278)
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 1/16/2015 2:00 PM |
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#705 A Small Seminar on a Falling Star and its Similar
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Q. If you see a meteor shower what bracha do you make?
A. Shulchan Aruch (O.H. 227: 1) rules that on "zikim," which is described as a star like object that shoots across the sky and leaves a trail behind, one recites "Ose Maase Bereshis" or Praised be… the One that crafted the workings of creation. Shulchan Aruch adds than one may also recite "Shekocho Ugevuroso Male Olam" or "whose force and strength engulf the universe." Mishna Berura (ibid. 1) includes the opinion that seeing a comet is similar.
Piskei Teshuvos (ibid.) quotes the view of the Mor Uktzio that meteors can be very small grains of cosmic debris that burn up in the atmosphere and mostly disintegrate before hitting Earth's surface. Meteor Showers are predictable and common, since they mostly occur when Earth crosses the tail stream of debris dispersing from a comet.
Since they can only be appreciated in locations far from the reflection of city lights and when there is no Moon, Poskim maintain that it is not customary today to recite a complete brocho with Hashem's name over them. (Piskey Teshuvos ibid. quoting Shaarei Teshuvo and Shulachan Hatahor.) However, when observing clearly the more infrequent comets themselves or when the sky is dark and the effect and magnificence of the meteor shower can be truly appreciated, one should recite the above complete blessing.
Horav Shlomo Miller's Shlit"a opinion is similar. However, he adds that you only recite the brocho when the meteor is a rock of size that actually hits the Earth's surface and can distinctly and prominently be seen as it crosses the sky. Likewise, you bless only when you witness a continuous and populated meteor shower, in which a number of meteors, albeit of small size but still clearly and prominently visible traverse simultaneously through the firmament and burn out.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit"a
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Posted 1/16/2015 1:59 PM |
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#704 A Matter of Record III
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Q. Hello - I am currently working at a clinic for credits towards my university degree. This Shabbos there will be orientation. In order to comply with the halocho of "vdaber dovor," I will not be attending. They offered to record it for me. I asked if they normally record it to which they responded no, I said that since it will be recorded special for me I will not be able to benefit from it. They said that they always wanted to record it so it can maybe be used in the future and this will finally be an opportunity to do the recording. Then they said that it was sometimes recorded in the past. I suspect that the main purpose for the recording will be for myself.
Is it muttar or should I seek another solution?
Thank you
A. Horav Shlomo Miller's Shlit"a opinion is that if you clearly and specifically tell them that they should not record the orientation lesson for your use and that you will do without it, if they go ahead anyway and do record it, even if they have you also in mind, it will still be permitted to use the recording. (See also questions 627 and 661 on this forum)
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit"a
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Posted 1/16/2015 1:57 PM |
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#703 Second Time on Second Time Around
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Q. Re-question 692 (Expound the Second Time Around)
On a second marriage can the Choson- Kallah be together at pictures taking, prior to the chupa? How long and how strict is the custom of the Chosson not seeing the Kallah prior to the chupa on a second marriage for both?
A. The accepted custom among many Ashkenazi Bney Torah is that the choson and kallah do not see each other during the week prior to the chupa. Sephardim don't usually keep this tradition (Yalkut Yosef – Chupa Vekidushin 6: 1, Taharas Yaakov p. 47, Mishnas Yehoshua 9:1:1 quoting Horav S.Z. Auerbach zt"l) Some suggest that the rationale for the custom relates to the halachah of dam chimud - concern that meeting the choson may cause the kallah to have a discharge that could invalidate the shivah nekiyim (seven clean days before going to the mikvah; Talmud Nidah 66, ibid.) Although this custom is not Halacha, and has no early source in the Poskim, it is a good custom because it gives the chasan and kallah an opportunity to be alone and to reflect upon the profound changes that are about to take place in their lives. (The Laws of Niddah 2: 458-459).
Horav Shlomo Miller's Shlit"a opinion is that as far as this tradition is concerned it does not make a difference between a first or a subsequent marriage.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit"a
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Posted 1/16/2015 1:57 PM |
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#702 License to Shpil II
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Thanks again Rabbi Bartfeld.
Q. One more follow-up question, if I may.
You said that "Moreover, even if he suspects that they may not be licensed, he may still purchase a ticket." However, instead of "suspecting", what if one actually knows? I.e. If one knows for certain that the Moisad did not obtain a lottery license, may one still purchase a ticket for that lottery?
Thank you and Hatzlocha.
A. Horav Shlomo Miller's Shlit"a opinion is that even if you actually know that the institution is unlicensed for lottery operation, although not recommended, you may still buy a ticket. The reason is that the license is there for the consumer's protection, a benefit that the buyer may refuse. (Additionally, the act itself may not prohibit the consumer from buying the ticket).
Rabbi A. Bartfeld as revised By Horav Shlomo Miller Shlit"a
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Posted 1/8/2015 12:41 PM |
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#701 How Many Songs Does One Have to Sing? II
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Q. On question 687, as to how many shiros or divrei Torah one has to sing or say to turn a Chanuka regular meal into a seudas Mitzvo. What practical difference is there if this meal becomes a seudas Mitzva or no?
A. If the meal eaten in Chanuka was served with the intention of rejoicing and being besimcha because of the yeshuos and miracles attained in Chanuka, and this is demonstrated by the shiros of praise being sung and the divrei Torah being repeated, it would be a mitzvah to attend such a seuda. Talmud (Chulin 95b) relates that Rav would not benefit from a seuda that was not a mitzvah. Similarly in Talmud (Pesachim 49a) Rabbi Shimon says that a Talmid Chacham should not partake from a seuda that is not a seudas mitzvah.
It would make a difference also when someone has a tradition of fasting on a day of yortzait, a seudas mitzvah may be permitted or in regards to eating meat on the nine days. (Aruch Hashulchan Y.D. end of 246 – see also Chavos Yoir 70 and Birchas Moadecha 1, in respect to other differences and why is not every seuda where divrei Torah are repeated is considered as a seudas mitzva)
Rabbi A. Bartfeld as revised By Horav Shlomo Miller Shlit"a
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Posted 1/8/2015 12:39 PM |
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#700 License to Shpil?
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Q. In Ontario, the law requires an organization to have a lottery license to run a lottery.
Q1. Is it Mutar for a Moisad to run a lottery without getting a lottery license?
Q2. May one purchase a ticket in a lottery if the Moisad has no lottery license?
Thank you, IM.
A When a charitable organization is required either by Municipal or Provincial Code to register and acquire a license in order to conduct a lottery, Halacha dictates that they have to comply. The above follows from the edict of Shmuel, namely; Dina D'malchusa Dina, or the law of the land is law. (Nedarim 28a, Gittin 10b, Bava Kama 113b, Bava Batra 54b, Rema in Choshen Mishpat 369, 8.)
Horav Shlomo Miller's Shlit"a opinion is that a ticket purchaser does not need to inquire if the institution obtained a license. Moreover, even if he suspects that they may not be licensed, he may still purchase a ticket.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 1/2/2015 12:57 PM |
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#699 Kidush on Asarah BeTeveth?
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Q. Can you say kidush levanah on the eve of asarah beteveth, since it is not a happy time, which is required for kidush levanah?
A. Indeed Nitey Gavriel (Chanuka 64: 1) mentions that Belz and others refrain from reciting kidush Levana on the eve of Asara Beteveth. This being similar to the three weeks period and its restrictions, which begins from the eve of Shiva Asar Betamuz and not from the morning when the fast starts.
However, in locations where at this time of the year cloudy days prevail, Horav Shlomo Miller Shlit"a recommends to recite it.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 1/2/2015 12:54 PM |
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#698 The Sequence of the Incense
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Q. Why in Eretz Yisrael do they say pitum haketores before pizukai dizimra with korbanos and then repeat it at the end of davening?
A. Remoh (O.H. 132: 2) writes that one should recite Pitum Haketores in the evening and in the morning after the tefilah. He adds that there are those who avoid saying it during weekdays when people are hurried to go to work, out of concern that we may in our rush miss mentioning one of the spices that comprise it and incur in a most severe penalty. Mishna Berura (ibid. 17) explains that the reason of the ones who do recite it (Sefaradim) is because there is no penalty when one forgets only words unwittingly.
Arizal quoting from Zohar (Vayakhel 218b, Yalkut Meam Loez – Shemos p.168) mentions that pitum haketores should be recited three times a day, at the beginning and end of Shacharis and a third time at Mincha. (Od Yosef Chai – Miketz, Ben Yish Chai - Ki Tisa)
Otzrois Chaim (p. 319) citing Benayahu explains that they represent our three forefathers that instituted the tefilos. It is not said at Maariv since there are usually no korbonos at night.
Ben Yish Chai finds an allusion to the three recitations in posuk (Devarim 3: 29) and we settled in the valley opposite Beth Peor. The word "BaGai" or in the valley, hints to three times ("BaG") and eleven ("ai,") the number of the spices and ingredients that compose the ketores. The ketores is the cure for the ills and evils of Beth Peor.
Minhagei Eretz Yisrael (p. 108) and others point out that it is tradition to follow in Eretz Yisroel the minhag of the Arizal and Minhag Sefarad in a number of issues, given that many of the first kehilos were from that persuasion.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 1/2/2015 12:53 PM |
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#697 How to Fix a Date
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Q. If you use the civil date, are they any preferences as to how you write the date?
Thanks again.
A. It is preferable to avoid numerals for the months (see prior answer) and use when possible the abbreviated names of the months, since these names may also contain pagan connotations (Piskei Teshuvos 156 n. 17).
Horav Shlomo Miller Shlit"a mentioned that Horav Yakov Kamentzki Zt"l would only use the last three ciphers of the year numeral. By the same token it would be better to use the more customary two digits for the year.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 1/2/2015 12:50 PM |
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Important Numbers
