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Have a question? Send it in! Questions are answered by Rabbi Bartfeld.
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# 3414 Is It Time to Call it a Day?
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Q. Can one apply in case of need the principle of Miktzas Hayom Kekulo, or part of the day counts as the whole day, to end shiva to the night of the seventh day, before davening in the morning as it is usually done? It will make a difference to the Avel who has a necessity to return home, in these pandemic days and an early flight is essential, or for medical reasons.
A. Tur, Shulchan Aruch, Remah (395: 1) and other Poskim maintain that the principle of part of the day counts as all of it, pertains only when daytime is part of it.
However, Pischei Teshuva (ibid) quotes Ridbaz, that when a mitzva is involved, such as learning Torah or having marital relations, even a part of the night counts. Rabbenu Tam (ibid) permits even taking a bath in pressing need.
Horav Aharon Miller Shlit'a opinion is that in case of need one can follow the opinion of the lenient Poskim.
Rabbi A. Bartfeld as advised by Horav Aharon Miller Shlit'a
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Posted 11/4/2021 5:08 PM |
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# 3413 Saving a Life
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Q. Can one restrain the body of a terminally ill unconscious patient from getting I.V. fluids, when the doctors maintain that the temporary live will be extended if this is done?
A. On question 356 regarding an elderly terminally ill patient and is in an ICU. The family told the doctors to do everything possible to extend her life even though she suffers greatly. She herself has given instructions to resuscitate if necessary. What is the Halacha in respect to connecting to life support equipment such as a respirator, we wrote:
"Igrois Moishe (C.M. 2:73:1) and Horav Shlomo Zalman Auerbach Zt”l (Minchas Shlomo 1:91:24, quoted in Nishmas Avrohom Y.D. 339:4) permit in certain circumstances the withholding of extraordinary procedures from a seriously ill patient who is suffering greatly and has no hope of cure. The latter (ibid.) distinguishes between treatments which fulfill a person’s basic needs or are accepted as routine, and treatments which are not considered routine. For example, Halacha forbids withholding oxygen or nutrition from a patient who is suffering from cancer, which has spread throughout the body and is near death, even though the patient is experiencing great pain and is suffering terribly. If he is diabetic, one may not withhold insulin from him with the intention that he dies sooner. One may not withhold blood or antibiotics that are necessary for his care. One may not withhold these treatments even if the intention in doing so is not to hasten the patient’s death. On the other hand, we are not obligated to administer non-routine and painful treatments, which serve only to lengthen life and do not cure the fundamental problem. This especially applies if the patient objects to such treatment because of the suffering he would be forced to endure as a result.
Horav Shlomo Miller”s Shlit”a opinion is that for a terminally ill patient that experiences great suffering, connecting him to life support such as a respirator is seen as an extraordinary procedure. However, situations differ and constantly change, occasionally for the better, so a competent Rabbi familiar with the case and the attending medical team should be consulted."
In our case as in others, there are many variable essential details and corresponding medical guidance, so the same ruling applies. (See also questions 129, 250 and 1496)
Rabbi A. Bartfeld as advised by Horav Aharon Miller Shlit'a
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Posted 11/4/2021 5:00 PM |
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# 3412 Saving a Life
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Q. Can one abstain the body of a terminally ill unconscious patient from getting I.V. fluids, when the doctors maintain that the temporary live will be extended if this is done?
A. On question 356 regarding an elderly terminally ill patient and is in an ICU. The family told the doctors to do everything possible to extend her life even though she suffers greatly. She herself has given instructions to resuscitate if necessary. What is the Halacha in respect to connecting to life support equipment such as a respirator, we wrote:
"Igrois Moishe (C.M. 2:73:1) and Horav Shlomo Zalman Auerbach Zt”l (Minchas Shlomo 1:91:24, quoted in Nishmas Avrohom Y.D. 339:4) permit in certain circumstances the withholding of extraordinary procedures from a seriously ill patient who is suffering greatly and has no hope of cure. The latter (ibid.) distinguishes between treatments which fulfill a person’s basic needs or are accepted as routine, and treatments which are not considered routine. For example, Halacha forbids withholding oxygen or nutrition from a patient who is suffering from cancer, which has spread throughout the body and is near death, even though the patient is experiencing great pain and is suffering terribly. If he is diabetic, one may not withhold insulin from him with the intention that he dies sooner. One may not withhold blood or antibiotics that are necessary for his care.
One may not withhold these treatments even if the intention in doing so is not to hasten the patient’s death. On the other hand, we are not obligated to administer non-routine and painful treatments, which serve only to lengthen life and do not cure the fundamental problem. This especially applies if the patient objects to such treatment because of the suffering he would be forced to endure as a result.
Horav Shlomo Miller”s Shlit”a opinion is that for a terminally ill patient that experiences great suffering, connecting him to life support such as a respirator is seen as an extraordinary procedure. However, situations differ and constantly change, occasionally for the better, so a competent Rabbi familiar with the case and the attending medical team should be consulted."
In our case as in others, there are many variable essential details and corresponding medical guidance, so the same ruling as above applies. (See also questions 129, 250 and 1496)
Rabbi A. Bartfeld as advised by Horav Aharon Miller Shlit'a
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Posted 11/4/2021 12:52 PM |
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# 3411 Signs of Life?
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Q. What are the 'Simanei Gosses" or signs of imminent death in our days? Blood Pressure? Heart beating?
A. The Remoh (E. H. 121, 7 and H. M 211,) identifies the symptoms of Gesisah as the bringing up of secretions of the throat, caused by chest and breathing difficulties and strain. Some maintain that the term "Goses" refers to the sounds of heavy respiration at that time (Oruch ).
Chukei Chaim (p.150) quotes a difference of opinion between Divrei Malchiel and Tzemach Tzedek as to what are the Simanei Goses on one drowning in water.
There is a debate between contemporary Poiskim as to whether these symptoms are essential for the state of Gessisah to begin or just the closeness to death creates it. (Igrois Moishe ibid – Treatment of the Terminally Ill, Tradition 30:3 (1996) p. 63).
Biur Halocho (329) mentions that one found with the skull 'Merutzas' or fatally fractured is a Gosses, and even if he is certainly to die, we desecrate Shabbos to extend it as much as possible.
Horav Shlomo Miller's Shlita opinion is that Simanei Gosses in our days depend on the case and may indeed be difficult to determine. Competent Medical advise is necessary. However in general, they are based mainly on the respiration of the patient.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a
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Posted 11/4/2021 11:18 AM |
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# 3410 Facts of Life
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Q. Can you embrace or kiss a dying patient if the doctors maintain that it will not affect the patient, and on the contrary it may extend temporarily his life?
A. On question 251 regarding the following case "My mother was terminally ill, it was a matter of time according to the doctors. When she became unconscious and the attending nurse said that she would not last long, we were in doubt if we could even touch her, caress her, let the nurse change her soiled clothes or make her more comfortable as we were told by very religious relatives that you are not allowed to touch the dying, it seemed very cruel, were they correct?"
We answered " Halacha dictates that a person close to death may enter into a state named Gosses. Most Gosesim die within 72 hours.
Shulchan Oruch (Y.D. 339,1) rules that a Gosses is as alive as any other person. Thus, the prohibition and punishment for killing a Gosses is the same. (See; Minchas Chinuch 34). It is generally forbidden to move a Gosses, because, in light of his condition, such changes of posture or position may hasten his demise. (Y. D. 339,1). Shach (ibid.) quotes Maseches Smochos (1:4 – Shabbos 151b); “The Gosses is likened to a candle whose flame is about to be extinguished. If one touches it, it blows out. Nonetheless in Nekudas Hakesef he permits light touching.
Drisha (ibid. 1) discusses touching at length, Igrois Moishe C.M. 2, 73, 2) seems more stringent. (See Toras Harefuah p.70) however, Horav Shlomo Miller Shlit”a permits very light touching, caressing and even light moving such as adjusting the angle of the bed when deemed necessary for the well-being of the patient, but not changing soiled clothes as that involve mayor bodily movement.
Many Poskim permit live-saving treatment for a Gosses when done by the attending physicians or medical personnel, (Teshuvos Vehanhogos 1, 872 – Tzitz Eliezer 8, 15 et. al.)
Remoh (ibid.) adds, that one may remove “anything that prevents the departure of the soul, such as a clanging noise such as the sound of a nearby woodchopper or a grain of salt that is on his tongue . . . since such acts do not accelerate death but merely remove an impediment to death”.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a
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Posted 11/4/2021 11:03 AM |
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# 3409 Get Some Teeth Into This?
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Q. Is there a Inyan (sense or significance) to bury teeth? If dentures that contained some real teeth were removed at intubation in the hospital and then the patient died, do they have to be replaced in the mouth of the Niftar before burial?
A. On question 6 regarding burial of teeth we wrote: "The Mishnah in Ohalos 3-3 mentions that “everything of a dead body is Tameh with the exception of teeth, hair and nails. But when still attached (to the body) they are all Tameh”.
The Talmud (Berachos 5b) quotes Rabbi Yochanan saying; “this is the bone of my tenth son”, Rashi explains that Rabbi Yohanan had ten sons, all who died in his lifetime. He would carry with him a bone of the tenth son wrapped in his shawl as a reminder of his bereavement. (Rashbam explains that he used to console other mourners and alleviate their suffering by demonstrating that he had survived a tragedy greater than theirs).
As of the problem of carrying an item that transmits Tumah, and the requirement to bury any bodily part, the Aruch, Ritvah and Rashbam mention that it was a tooth that fell while alive and does not transmit Tumah and also does not have to be buried. It is commonly accepted that if there is no Tumah there is also no need of burial. (see Yehuda Yaaleh, Yoreh Deah 352 and others). However, there are dissenting opinions, Birchos Moishe (ibid.) states that burial may be required because of “Bizayon Hameth” (defilement of the dead) or since it is a “Isur Hanoe” (prohibition of benefiting from the dead) see Gesher Hachaim 1 ch.16-2. Then again, that would apply only to a cadavers tooth.
Horav Shlomo Miller Shlita’s opinion is that a tooth extracted by a dentist can be simply discarded, and that is the accepted custom.
It is interesting to point out a responsa of Rav Menashe Klein Shlita (Mishneh Halachos 16-113) where he quotes a tradition that was common in his country of birth, that when a child lost a milk tooth his parents would have him throw the tooth into a mouse’s hole and would have him repeat (in Yidish) “Little mouse, little mouse here you have a bone, take a tooth and give me back iron-strong teeth”. He explains this as a form of burial deriving from their tradition of burying all parts of a human body and not wanting to stress unnecessarily a small child on things he wouldn’t comprehend.
He also relates a story of the Nodah B’yehuda, that even though his opinion is that it is not essential to bury (a tooth), he appeared (after his death) in a dream to his son, and instructed him to find a lost tooth of his, He miraculously found the tooth hidden in his fathers bookshelf and buried it on his fathers Kever."
In our case, Horav Shlomo Miller Shlita’s opinion is similar to the one mentioned above.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a
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Posted 11/4/2021 10:50 AM |
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#3408 Last Trip
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Q.When the body itself is buried, do the severed and saved body members, require to be buried with the body? How are they to be transferred to Eretz Yisroel?
A. See question 3407 above that when possible they should be buried together with the body.
Most Poskim maintain that utensils that themselves can receive and became Tameh, such as those made of metal, even aluminum and similar, cannot become an "Ohel" or tent to separate between the body and the site of the Cohen in the plane. An additional and similar issue applies to a "Ohel Zaruk" or a traveling tent such as the plane itself and everything inside it. (Minchas Shlomo 72. Igros Moshe Y.D. 2: 164, an others).
El Al has acquired additional boxes made of cardboard or plastics that do not receive Tumah themselves and according to Poskim they will separate the dead body from the rest of the plane and thus permit Cohanim to travel in the same plane. Therefore one is allowed to send their dead relatives on that plane to be buried in Israel. (Miyam Hachalacha 2: 48 and others.
Horav Shlomo Miller's Shlit'a opinion is that the severed and saved body parts should be send also inside similar containers if they could not be transferred together with the body.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a
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Posted 11/3/2021 4:01 PM |
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# 3407 Body Parts
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Q. 2) See question 3406 above. Do other body parts as internal organs? Appendix, Eyes, Kidneys, do they have to be buried? If yes where and how?
A. Poskim disagree if there is a mitzva of burial on every part of the body even before the death of the individual. Mishne Lemelech (end of H. Avel) and others maintain that there is no burial obligation, to anything less than the head and majority of the body. (Based on the Yerushalmi Nazir 7: 1 and Semachos 4: 8).
Tosafos Yom Tov (Shabbos end of p. 10) opine that even a 'Kezais' (or olive volume) of a cadaver, should be buried by itself. Gesher Hachaim (ch. 16) is of the opinion that all agree that when possible these parts should be buried with the main body.
Noda Beyehuda (1: Y.D. 90) regarding the burial of a fetus argues that the liability of burial of body parts is to avoid incurring in the prohibition of benefiting from the death. While Gesher Hachaim (ibid) indicates that it is mainly to avoid the prohibition of Cohanim to come in contact or close to parts o a cadaver.
Chassam Soffer (336) adds that it is due to the inherent holiness of the body of a person, which is similar to a Sefer Torah.
However, Shevus Yaakov (2: 101), Maharil Diskin, Tsitz Eliezer (10: 25) are of the opinion that even if there is no obligation, the minhag is to bury them. And on the onset and when possible all the body parts should be buried together.
Horav Shlomo Miller's Shlit'a opinion is that the burial obligation applies mainly to body members that have bones in them.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a
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Posted 11/1/2021 5:38 PM |
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# 3406 Out on a Limb
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Q.
A number of Shailes were aroused by the painful death of my older
brother R' Yisroel Yehuda Bartfeld zt'l, and are as follows: 1) What is
done with the severed legs or hands, cut from patients while alive
to save their lives; do they have to be buried? Where and how? Can
they be kept in a preserving liquid until burial? Is there a
ceremony?
A. Poskim disagree. Pischei Teshuva (Y. D. 361: 1) quoting Shevus Yaakov (2: 101) debates whether one is obligated to do Kevura on limbs, that were detached from the living. (See also Gesher Hachaim p. 145, Minchas Chinuch 537, Igros Moshe (Y,.D; 1: 231-232 and others).
Horav Shlomo Miller's Shlit'a opinion is that they should be buried, preferably in the kever where the afflicted is to use eventually. No ceremony is needed. The custom in the Kehila of Mexico, in order not to add more pain to the suffering patient, was to ask the patient or family to choose a burial site in the Beis Olam, without negotiating financial terms at the time. (See next questions).
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a
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Posted 10/29/2021 3:49 PM |
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# 3405 Another Fish Story
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Q. Is there a prohibition to eat parts cut from a fish while it was still alive. I have seen that done in various fish stores. Is that not Eiver Min Hachai? (eating a piece of a live animal).
A. Tosafos (Shabbos 90b) rules that it is permitted since the prohibition of eating Eiver Min Hachai applies only to animals that can undergo Shechita and not to fish.
However, there is a prohibition of Baal Teshaksu (or doing something disgusting) involved, when one bites into a living fish. (See Shulchan Aruch Y.D. 13).
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit’a
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Posted 10/27/2021 5:54 PM |
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# 3404 Better Never Than Late?
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Q. If the Chupa will be at night after Maariv, should the Chassan say Vidui also after Maariv?
A. Chakal Yitzchok (79) and Nitei Gavriel (8: 11) and others maintain it should not be said.
Horav Shlomo Miller's Shlit'a opinion is that is similar unless it was not said by Mincha.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit’a
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Posted 10/19/2021 10:05 PM |
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# 3403 Grooming for Confession?
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Q. A Chassan (groom) that is getting married on Rosh Chodesh and therefore he is not fasting, does he say Viduy (confession) when he davens Mincha?
A. Poskim disagree. Kerem Shlomo (E.H. 65 14), Pischei Tesuva (E.H. 61: 9), Siddur Iyun Tefila, Yad Yitzchok (2: 103), Levushei Mordechai (E.H. 49) and others maintain that the Chassan and Kallah recite Viduy even during Rosh Chodesh.
However, Yalkut Hagershuni (2: 11), Toras Yekusiel (141: 42), Shulchan Hoezer (p. 128), See also Nitei Gavriel (Nissuin 1 p. 78) and others maintain it should not be said.
Horav Shlomo Miller's Shlit'a opinion is that traditions vary and one should keep his own.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit’a
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Posted 10/19/2021 10:00 PM |
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# 3402 Assume the Position?
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Q. (See question above) Can I just apply for a customer service representative position to answer customer calls and book service appointments in a conservative shul? This job will also have other general office tasks including limited IT and customer service.
A. Horav Shlomo Miller's Shlit'a opinion is that one should also avoid such a position since one would be contributing and providing help to programs/projects and events that are not following the laws of our Torah.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit’a
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Posted 10/19/2021 9:47 PM |
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# 3401 Don't Ask me, I Just Work Here
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Q. Can I apply for a Part-Time Synagogue Operations Administrator in a Conservative shul that requires to work closely with the Spiritual Leader and Creative Director, collaborate and contribute to the overall goals of the Shul team by providing input, and support all programs/projects and events.
Manage preparation, implementation, logistics and follow-up for all projects, including Shabbat, High Holy Days and Festival services; fundraising events; creative programming, music events and special projects.
Handle contracts for event venues, project partners, speakers, sourcing .Manage life-cycle contracts, wedding registry, billing and logistics. When needed, attend synagogue services and events. Is it permitted?
A. Horav Shlomo Miller's Shlit'a opinion is that one should avoid such a position since one would be contributing extensively to programs/projects and events that are not following the laws of our Torah.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit’a
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Posted 10/19/2021 9:39 PM |
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# 3400 Greetings or Salutations?
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Q. Someone is in quarantine together with his family. When making Birchas HaL'vono from his uncovered porch, can he satisfy the thrice-declaration of saying Shalom Aleichem by saying it to his wife and two daughters and receiving their reply? Or should he do without that part of the custom since one can anyway fulfill the Birchas haL'vono obligation without that part?
This question assumes one's porch does not face the street where he could exchange such a greeting with the Jewish men passing there. It also assumes that there is not even one other man in the house, to which he could say it three times, as I believe was the custom in Worms, Germany when three separate men were unavailable.
A. On a similar question (2614) regarding when reciting Kiddush Levana, if you are by yourself as we mostly are in this (covid) crisis, if one can call a friend by phone and say Shalom Alechem to him or tell it to one's wife.
We answered: "Horav Shlomo Miller’s Shlit’a opinion is that under the circumstances you can greet Shalom Aleichem by phone in order to maintain the minhag. You may also greet your spouse, but you have to change the greeting to the feminine, Shalom Aleichen."
The Rov now added that it is better to greet one's wife or daughters than greeting another by phone.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit’a
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Posted 10/19/2021 5:55 PM |
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# 3399 The Code of Silence
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Q. Hello Rav, During the repetition of the Amidah, its forbidden to talk. I'm wondering what would the Halacha be if during the Chazara repetition I leave the shul to use the washroom, could I say Asher Yatzar outside the shul while the repetition is going on. Similarly, could I speak to someone (when there is a need) in the hall outside the shul even though if I was in the shul I could not?
Thank you
A. Horav Shlomo Miller's Shlit'a opinion is that one should recite Asher Yatzar before he returns to the shul.
On question 1541 regarding collecting tzeddaka during the repetition of the Amida we wrote: "Shulchan Aruch (O.H. 124: 4, 7) asserts that when the shaliach tzibur repeats the amida the congregants should be silent, listening to the recitation and answer omein. He adds that if one interrupts with gratuitous talk, he is a sinner, his sin is to great to carry and we scold him.
The unusual severity and sternness of this remark is explained by Poskim (see Piskei Teshuvos ibid.) that it is due to causing that the tefilos of the many should not be accepted, since his interruption disturbs the intention and kavana of the congregation."
However, in need one may speak outside the shul.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit’a
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Posted 10/19/2021 5:44 PM |
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# 3398 Just Wait and See
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Q. Hello Rav, I am wondering what is permitted to do between the time I'm done my personal Amidah and the time that the Shaliach Tzibbur starts the Chazara repetition. Am I permitted to say tehillim (quietly to myself) or learn Torah (quietly to myself)? Can I sit down while I wait?
Thank you!
A. Horav Shlomo Miller's Shlit'a opinion is that it is better to learn Torah quietly or by just looking into a sefer.
Poskim indeed maintain that one may sit if in need and is not close (four amos) to someone still davening Shemonezreh.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit’a
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Posted 10/19/2021 5:34 PM |
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# 3397 What's in a Name?
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Q. Sometimes the minhag is to name someone using their mothers name, and sometimes using the fathers name. Why is this? what is the rule when? Mothers name only when davening for Refuah?
what about dovening for parnassa? Halzlocha in learning?
What happens when the parents divorce. does the father daven for his child using his ex wife's name, or does he change to using the fathers name?
A. There are a number of sources for using an individual's mother's name when praying for one who is ill. Piskei Teshuvos (116: 2) quotes Ponim Yofos that prayers for healing are said using the mothers name, while the ones for remembering the soul of the departed are said mentioning the fathers name. This is based on the Talmud (Shabbos 66b and Brochos 55b) as well as the Zohar (Lech Lecha) and the verse on Tehilim (86: 16), since there is more compassion and spiritual mercy given to the mother. On other matters such as Torah, spiritual or monetary needs etc. the name of the father is used
Horav Shlomo Miller' Shlit'a opinion is that when the parents divorce, the father daven for his child using his ex wife's name.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a
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Posted 10/18/2021 3:16 PM |
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# 3396 Lost in the Wash?
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Q. Hello Rav, I wanted to get some clarify on what is permitted in a room that has a shower only (no toilet) that is used regularly for bathing. I understand that Rav Ovadia allows one to listen to a Torah class while showering in such a room, but I also read in the Yalkut Yosef that we should not say brachot in that room. 1. I'm wondering if it is permissible to learn Torah in that room. I assume it can't be learned out loud, but could I read silently from a sefer or from Torah on my phone while fully dressed and watching a child taking an extended bath?
A. On question 1399 we were asked: "Dear Rabbi Bartfeld, Shlit”a. My son has a waterproof bluetooth speaker that he can take in the shower and listen to music. This can be helpful in that the music makes him energetic in the morning. Is there a problem listening to songs that have psukim or parts of psukim, given that it is being played in the washroom? For that matter, what if a person is in the washroom and can hear music with psukim that is being played loudly in another room?
Thank you.
To what we answered: On question 144 we wrote; “Poiskim rule that you cannot listen to a Torah tape while working inside, (a bathroom) as you would be thinking Torah thoughts in an undesirable location. (Be'er Moishe 6, 108, 4 – Be'er Sorim 36). It is noteworthy to mention that Horav Ovadia Yosef Shlit”a (Yavia Omer 5,11 – Halichos Oilom 1, p.119) permits listening to tapes or liturgical music while taking a bath on a private bathroom that has no toilet present. According to his view you would be permitted to listen to Torah tapes while working in such a location. However, Horav Shlomo Miller’s Shlit’a opinion is to be always particularly respectful on the holiness of the Torah…”
Horav Shlomo Miller’s Shlit”a opinion is that he should not take his bluetooth devise into the bathroom nor listen to any songs that contain psukim or other divrei kodesh when there.
If one is on the bathroom he should certainly try to avoid listening to the above. If it cannot be done, as with laud music originating from other areas or buildings not under his control, if he does not have any intention to listen it is permitted in need, as it is a dovor sheino miskaven or an unintentional act.
On question 3200 we were asked: "If someone takes a hot shower on a cold day or goes to a nice warm Mikva, can he thank Hashem in his mind as he always does for the pleasure received, while in a shower or Mikva?
To what we answered: "On question 627 regarding if the mitzvah of loving Hashem since it is in essence only a feeling and emotion of the heart, and is similar to fearing Hashem, if those feelings, without images or added thoughts, permitted when one is in a bathroom or mikva. we wrote: ” Chashukei Chemed (Brochos 24b) debates the issue, and wants to prove from Mishna Berura (85: 6) that opines one should engage while in the bathroom on thoughts pertinent to one's business or work, to avoid thinking about divrei kedusha, that indeed thinking about Hashem's presence may not be permitted, however, he decides otherwise. He also quotes Sefer Chasidim (545); In all places acknowledge your Maker, even in those you cannot think the words of Torah.
Horav Shlomo Miller Shlit’a pointed to a Chochmas Shlomo (O.H. 85: 2) that maintains one should remain conscious and aware of Hashem's presence even when being in a bathroom, to comply with Shivisi Hashem lenegdi tamid, “Keep Hashem before you always.” Chochmas Shlomo adds that this applies even to the dreams one has.
The Rov maintains that feelings of love or fear of Hashem's presence are certainly not only permitted but advised, as they belong to the six constant mitzvos. The Rov added that musar on midos and planning thoughts for performing mitzvos and similar are permitted in those unclean locations.”
On question 2423 we added: Nachal Eshkol explains that this is the intention of Shir Hayichud when saying Kol Tinofes or no dirt can sully You. Eretz Zvi (1; 62) maintains that we recite modeh ani when waking up and addressing Hashem even with unclean hands and body. Other Poskim agree (Mishne Sochir 2: 23, Lev Avrohom 53, etc.
However, different Poskim disagree and maintain that one should not think of Hashem's presence when in impure locations. (Lehoros Nossan 1:1, Tzitz Eliezer 13: 1, etc).
Horav Shlomo Miller’s Shlit’a opinion is that it is permitted.”
In our case, if it is only basically a short thanking feeling of ‘Hakaras Hatov,” that a person has in his heart and mind directed to Hashem for the pleasure one is receiving, it is permitted.
2). I'm wondering if it would be permissible to have a drink in that room (for example, while having a bath). Of course I would make the bracha outside the room, but is eating/drinking forbidden or allowed in a shower room?
A. See prior question.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a
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Posted 10/14/2021 11:06 PM |
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# 3395 Privy to the Privy
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Q. Hello Rav, In our basement with a washroom has in it a toilet and shower stall. The shower stall is never used. I'm wondering if its permissible to use it for storage of drinks. (wine, beer, soda, water bottles). Everything is closed in their containers. There are other less convenient places we could keep them, but this spot is nice because its out of the way and easy to access. Would this be allowed, and if so, is it very b'dieved?
Thanks
A. Mishna Berura (84: 7) rules that one should not drink inside a 'Beis Hamerchatz' or bathroom since one cannot recite a brocho there. However he quotes from P'ri Megodim, that one who desires to drink in the bathroom should say the brocho in an adjacent permissible room, or should enter the room where the mikvah is and cover himself with the water and cover his head and recite the brocho with the intention to continue drinking inside the bathroom.
Avnei Yoshfo (Gam Ani Odecha 95) permits bringing pieces of bread into a bathroom for the purpose of Bedikas Chometz, based also on the above Mishna Berura.
Maase Ish (p. 99) quotes that Horav Moshe Doitch zt'l asked the Chazon Ish if one is permitted to eat food that was kept in a Beis Hakisseh or washroom and he answered with a smile that we do not find a prohibition on this.
However, Taamei Haminhagim (Tzitzis, Kuntres Acharon - Chaf) quotes that the Belzer Rebbeh would not eat food that was introduced in a Beis Hakisse. Likewise, Mechkerei Eretz (O.H. 5) mentions that the Rebeh Rav Pinchas Mekoritz would rule similarly.
Nevertheless, Minchas Yitzchok (3: 63) is lenient. Salmas Chaim (3: 19) is lenient if food that one carried in his pocket.
It would seem from Betzel Hachochno (3: 11: 2) and others that one may be more stringent in food introduced into a Beis Hakisse than in a Beis Hamerchatz.
Although Poskim beware that on the onset one should not bring in any food into either one of the above facilities, after the fact the food is permitted. (Maharam Brisk 1: 10, Afraksto Deaniyo 133, Shevet Halevi 10: 165: 5, and others).
Horav Shlomo Miller' Shlit'a opinion is to be lenient. The Rov quoted a similar ruling in Piskei Teshuvo (Y.D. 200: 1)
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a
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Posted 10/14/2021 10:56 PM |
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Important Numbers
