Q. Can one living in a basement, light his menorah by the basement window. This window is barely above the ground level outside the house. Since the menorah should be placed over 3 tefachim from the ground, is this allowed?
A. Kovetz Halochos (H. Chanuka 9: 6: p. 148), permits lechatchila, (on the onset), to place the menorah by the basement's window, even if there is no three tefachim (about 30cm.) from the ground level outside the house, since the three tefachim are to be counted from the ground, where the menorah stands in the floor of the basement and not from the outside surface.
Horav Shlomo Miller' Shlit'a opinion is similar.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a
Q. Some commercially available ready made olive oil sets for Chanuka, come bottled in small glass containers, that one only has to place on the menorah and light. The oil is in a kind of semi-solid state, like a paste, and therefore conveniently can't spill. Someone that was always careful to use virgin, unadulterated, pure olive oil, is he permitted to use that oil?
A. Poskim disagree. Shevet Halevy (9: 143) debates and is lenient. So is Teshuva Mehava (O.H. 285) and Daas Torah (670: 1). Kovetz Halochos (Chanuka p.12) calls it a 'mitzva min hamuvchar' or the best mitzva.
However, Piskei Shemuos (673: 1 p. 103) quotes HoRav Nissim Karelitz zt'l ruling that it is not considered 'mitzva min hamuvchar' since it might not be valid for the oil required to light the menorah in the Beis Hamikdosh and the Chanuka candles should be as similar to them as possible. (See also Tel Talpios 65: 3)
Horav Shlomo Miller' Shlit'a opinion is that it can be used lechatchila.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a
Q. Is it proper to light the menorah next to a window covered with frosted glass, that shows there is light but one can't tell if it is a menorah or how many candles are on?
A. Kovetz Halochos (Hilchos Chanuka 9: 10: p. 152) rules that if you can see from the outside that there is light, it is permitted lekatchila (on the onset), to light the menorah next to that window.
Horav Shlomo Miller' Shlit'a opinion is similar.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a
Q. Our grandfather is chronically hospitalized in a home where no candles or lighting matches ares allowed because of the constant use of oxygen. Since that became practically his residence, can he comply with lighting of the menorah with an electrical incandescent battery operated light bulb, such as a flashlight that will stay on for a half an hour? Can he recite a bracha on it?
A. On a similar question (414) we wrote; 'Most Poskim rule that you should not recite a brocho on an electric menorah since it lacks a proper wick and therefore does not conform with the definition of “hadloko” or lighting. It also lacks an existing fuel supply, since the necessary electricity is not stored but rather it is constantly being generated. (Bais Yitzchok Y.D. 1: 120 & 2: 130, Levushei Mordechai 3: 59, Yaskil Avdi 3: 17, Nitey Gavriel – Chanuka 18: 23, Har Tzvi O.H. 2: 114, and others).'
However, some Poskim permit lighting even with a brocho (Bris Sholom O.H. 69, Piskei Moshe 1: 6, Eishel Avrohom - Chidushim Shabbos 22a, Maim Chaim O.H. 273, and others), While some remain is doubt (Tzitz Eliezer 1: 20: 12).
Horav Shlomo Miller’s Shlit”a opinion is to be stringent, but he permits, when no other possibility exist to light without a brocho on a battery powered electric menorah.
The best solution the Rov added, would be to name a shaliach and have the agent light at the patient's home.
Since in in this case there is no other home, the Rov suggested that if there is a Rabbi or Chaplain in that institution he should be approached and asked to light somewhere in a safe area of the building a proper menorah and have in mind every person staying in the institution.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a
Q. Many website offer free shipping for orders over a certain amount of money. May one order extra items with the intention of returning them in order that they can receive free shipping on their order? Even if this muttar al pi din, would it be better not to do this?
A. See question above. This particular case, should be particularly avoidable, as it may be unacceptable by the legal provisions of the offer.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a
Q, Often when ordering from Amazon, Amazon offers a free 30 day trial for Amazon Prime. Amazon has your credit card information, and unless you cancel your subscription to Amazon Prime, you will have to pay for Amazon Prime after the 30 day trial is up. Amazon Prime offers free shipping on all orders along with other benefits. Is one allowed to take advantage of these free trials with full knowledge that they will certainly not continue with Amazon Prime after the 30 days are up?
A. One may argue that the company making that offer has obviously considered that a significant number of desired customers will take advantage of this proposal and follow the process you detailed. Yet they are still willing to maintain their proposal, since after factoring in that loss, they will still be ahead and therefore there is no real damage done. However, Horav Shlomo Miller's Shlit'a opinion is that, it should be avoided, as it can create a Chilul Hashem.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a
Q. R. Chanina (S'gan HaCohanim) said that he saw the heavenly fire descend (on the altar) resembling a crouching dog in the second temple (Yoma 21b). Is there any commentary on what that means? Why compare the Heavenly Holy fire to a crouching dog!?
A. A number of reasons and explanations are offered, I'll quote just a few. Maharsho (ibid.) explains that the first Beis Hamikdosh was built by Shlomo Hamelech, a descendant of Yehuda represented by the symbol of a lion. However, the second Beis Hamikdosh was erected with the blessings of the Persian Empire, compared to a dog as in Nehemia 2: 6.
Iyun Yaakov mentions that during the first Beis Hamikdosh, the Shechina ruled and was openly present for all to see, as the posuk (Amos 3: 8) compares it to; 'A lion that when he roars, who will not be afraid,' not so during the Second Temple, the presence of the Shechina was diminished, giving place to the tumah or impurity compared to a dog to show itself.
Kaftor Vaferach maintains that the presence of the Shechina's Heavenly Fire, depends on the people present to receive it. During the first Beis Hamikdosh, there were far many more great Tzadikim and holy Sages forthcoming and available. Not so during the Second Temple. That penurious stage was compared to a dog, on whom our sages teach, since his food is scarce, Hashem made his needs little and so requires small amounts of food to survive.
Rabbi A. Bartfeld as revised by Horav Aharon Miller Shlit'a
Q. L’chvod HaRov Quick question re TGV, (Toronto Grape Vine) response. Someone asked for some medical recommendation and people sent her a list of people they would recommend. She also got sent names of who to avoid based on their experience. When posting the responses, due to hilchos lashon hara and motzee shem rah, we were not going to include the negative responses but we wanted to know whether we should ask the poster for the names of those negatively rated in case someone as asks in the future or asks specifically whether to go to them. Also, should she mention to an organization like Echo the negative experience?
Thank you for your time and consideration. Kol toov.
A. On question 2595 regarding the great and commendable help given by the Toronto Grapevine to all kinds of people needing some or great help in our community, that Horav Shlomo Miller Shlit'a, strongly advises not to neglect. He praised the indispensable and essential help for the elderly and the needy. especially during these difficult times. We mentioned then and repeat now; A crisis can bring out and should bring out the very best in people.
In regards to this particular shaila, mentioning a 'Macha'a or complaint made or a charge pressed or filed against a particular individual or an organization, is not necessarily Lashon Hora'a, as advised extensively by the Chofetz Chaim and other Poskim. It depends on many variables and each case should be assessed on its own merits and details.
Yet, as you also mentioned. due to a number of reasons, some even legal, it is better to avoid publicizing yet unproven wrong or negative experiences someone may have encountered.
However, you are also correct, in having the organization provide warning on possible negative treatment or potentially harmful care, as you could be saving people from great harm. Nevertheless, that warning should be carefully and cautiously provided, using a lot of common sense and truth.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a
Q. For a Rabbi or a Teacher, is there a preference of using a see through plastic shield or a mask during the pandemic?
A. Horav Shlomo Miller's Shlit'a opinion is that it is better for a Rabbi or Teacher to use a plastic shield, since as mentioned in several passages of the Talmud it is more advantageous and preferable to see the face of a Rebbe.
Rabbi A. Bartfeld as advised by Horav Shlomo and Horav Aharon Miller Shlit'a
Q. We have a daf shiur in the morning before davening for many years, last week because of new restrictions, it became difficult for some to attend since the minyan also dwindled. We are thinking on zooming the daf, as many others have done and we are certain that we are likely to double or triple the attendance. The question is, what is better to teach in person to people who are physically present or to teach on-line to so many more?
A. The opinion of several local Rabbonim I asked, (Horav Dovid Pam and Horav Aharon Miller Shlit'a, and other Rabbonim) is that that reaching and teaching to more people, even on line, trumps over all other considerations.
Horav Shlomo Miller's Shlit'a opinion is similar, but the Rov considers that despite the difficulties involved, (such as different times available, as well as joining a minyan etc.), every effort should be made, taking into account today's advanced technology, to achieve if possible both processes. Firstly, teaching to the available real people present at the shiur. While at the same time zooming to the many others, either then when possible, or recording the shiur and sending it later to others.'
Rabbi A. Bartfeld as revised by Horav Shlomo and Horav Aharon Miller Shlit'a
Q Gefilte fish is served with toothpick inside for people to take instead of using a fork. Is it borer to remove the toothpick?
A. Horav Shlomo Miller's Shlit'a opinion is that one should treat the toothpick as a fork or similar eating instrument, since that is the purpose it is fulfilling. Therefore no borer prohibition (choosing undesired material) during Shabbos, is actually involved.
Rabbi A. Bartfeld as revised by Horav Shlomo and Horav Aharon Miller Shlit'a
Q. Does the prohibition of walking behind a woman apply to following one's mother?
A. Nitei Gavriel (Yichud 56: 13: p. 367) maintains that when in the street, the prohibition applies. However, in ones home when needed for the honor of the mother it is permitted.
Horav Shlomo Miller's Shlit'a opinion is similar.
Rabbi A. Bartfeld as revised by Horav Shlomo and Horav Aharon Miller Shlit'a
Q. It is brought down that a man should not walk between 2 women. Does that also apply to walking between one's mother and one's sister? or between one's mother and one's grand mother? or between two of one's sisters?
A. The source for this tradition is the Talmud Pesachim (111a) that teaches; Three should not be allowed to pass between two people walking along a road, and people should not walk between two of them, and one of them is a woman. Talmud Horios (13b) mentions that this is one of the ten acts that cause the forgetting of the Torah. Although this Halacha is quoted in Kitzur Shulchan Aruch (50: 8), it is omitted in Shulchan Aruch, yet the minhag is kept.
It is quoted that Horav Chaim Kanievky Shlit'a maintains that it applies also to close relatives, such as a mother, sister or daughter. (Gam Ani Odecho 2: p. 5 and Kovetz Zera Yaakov 24: p. 27)). Chut Shoni (3: 286) is also stringent. A story recorded in Migdolei Torah Vachasidus (p. 96) mentions that Horav Leib Eiger zt'l, when still a youngster was careful not to pass between his mother and grandmother.
Mishnas Yosef (6: 3: p. 6) debates this shaila and the reasons involved.
Nitei Gavriel (Yichud 57: 8: p. 370) also deliberates the issue and maintains that it needs further consideration.
However, Divrei B'nayohu (Y.D. 39: p. 321) mentions that the minhag is to be lenient when close relatives are involved.
Horav Shlomo Miller's Shlit'a opinion is that one should follow the tradition of his family.
Rabbi A. Bartfeld as revised by Horav Shlomo and Horav Aharon Miller Shlit'a
Q. In regard to the prohibition of a woman to wear men's garments, I heard that it applies also to using instruments or weapons that are designated for the use of men. If that is so can a strong woman use a heavy chainsaw to cut some backyard trees?
A. Talmud (Nazir 59a) teaches that a woman should not go out with weapons to war.
Horav Shlomo Miller's Shlit'a opinion is that if t is possible that in need a woman would use such a heavy tool, there is no prohibition involved.
Rabbi A. Bartfeld as revised by Horav Shlomo and Horav Aharon Miller Shlit'a
Q. Can I (his mother) wear my son’s old crocs (that he’s grown out of), or is that beged ish? They could be used either for men or women: (navy blue with red stripes & a red maple leaf on the straps).
A. On question 1355 we wrote; "It is Biblically forbidden for a man to wear women's clothes or for a woman to wear men's garments, as specified in the negative commandment: (Devarim 22: 5) A man’s attire shall not be on a woman, nor may a man wear a woman’s garment, because whoever does these [things] is an abomination to Hashem, your G-d.”. The Torah refers to this kind of conduct as an abomination since it can easily lead to promiscuity and immorality This prohibition, known as “Lo yilbash,” applies even if one cannot be seen by others and even in the privacy of one's home. (See Shulchan Aruch Y.D, 182: 5)
Talmud, (Nedarim 49b), tells that Rabbi Yehuda and his wife shared a cloak. And Poskim deduce from this story, that unisex clothing is permitted for men and women. (Maharsho ibid, Divros Eliahu 42, Divrei B'nayahu Y.D. 26 and others).
Horav Shlomo Miller's Shlit'a opinion is that if the crocs are indeed made equally for the use of men and women, they could be used by either.
If the crocs were already used extensively by a man, the Rov suggests that it is better that a woman should not use them.
Rabbi A. Bartfeld as revised by Horav Shlomo and Horav Aharon Miller Shlit'a
Q. What is Horav Shlomo Miller's opinion regarding bread croutons eaten with a salad. Do you have to wash hands and make Hamotzi?
A. Vesen Brocho (p. 36 - 466) rules to make mezonos on croutons. When mixed in a salad, the mezonos is recited first, followed by the haadama on the salad. On croutons made from left over slices of bread, the brocho changes to hamotzi,
Vezos Habrocho (p. 122) maintains that croutons made from regular flour and not fried the brocho is hamotzi. When fried or cooked it changes to mezonos. Pischei Halocho (p. 366) rules similarly.
Horav Shlomo Miller's Shlit'a opinion is that if there is a significant amount of baked and non-fried croutons in the salad, (a kezais) one should wash hands and recite hamotzi.
Rabbi A. Bartfeld as revised by Horav Shlomo and Horav Aharon Miller Shlit'a
Q. When not able to step back due to people davening behind you, is there a shiur of how long you are mechuyev (obliged) to wait.
A. Horav Shlomo Miller's Shlit'a opinion is that one should wait the normal length of what most of the people in that shul take for finishing a regular Amidah. Alternatively, if possible and when needed, one may step back sideways. (See Shulchan Aruch O.H. 102: 5 - 123: 1-2).
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a
Q. (See question 2949 above). Thanks for your fast and reasonable answer. We have an additional question. Before we bought our property, we were able to change the established zoning- by-laws to permit a place of worship. When the church acquired the neighboring site, they had not applied yet for school building allowance in that area. Our lawyer, suggested that we may now contend the permit to allow a school to be built there. There is a fair chance we may be successful and they may just build a church or maybe it is possible that they may just sell and go somewhere else. What does Horav Miller think is our best option?
A. Horav Shlomo Miller's Shlit'a opinion is that a careful assessment by knowledgeable real-estate lawyers as to the real chances of stopping the permit is firstly necessary. If there is plausible doubt of success, it may be better and wiser not to fight the school building permit, since it may create a great amount of harmful animosity and detrimental future hostility, if they do succeed and stay."
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a
Q. We are a small orthodox shul in a small Midwest city. We recently bought a new empty large property to rebuild and expand our existing shul. It turned out that the also empty property neighboring ours, was then purchased by a church and they want to build there a Catholic school and likely also an area for religious services. If we sell our new bought property, we likely are going to loose money that we very much need. Is there a way we can build our shul in such situation?
A. Horav Shlomo Miller's Shlit'a opinion is that with proper separation between the buildings and yards, it is possible to have these institutions as neighbors, respecting each others principles and values. A competent Rabbi familiar with the particular details should be consulted.
This type of situation was common in the Golus history of our nation, and it still is in many places.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a
Important Numbers
