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Have a question? Send it in! Questions are answered by Rabbi Bartfeld.
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2711 Why Not Pick Up?
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Q. Re - question 2710 above. How about if the siddur fell on some delicate flowers, can one also pick it up? If not, what should one do with it?
A. Mishna Berura (336: 14) mentions that the permission of the Remah mentioned on the prior question does not apply to plants with delicate or very brittle stems, that are likely to break or snap when handled. (See 39 Melochos 3: p. 300). It would seem proper just to carefully cover it with a plastic bag until Shabbos end.
Horav Shlomo Miller's Shlit'a opinion is similar.
Rabbi A, Bartfeld as advised by Horav Shlomo and Horav Aharon Miller Shlit'a
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Posted 6/18/2020 1:11 PM |
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# 2710 Don't Let the Siddur Down
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Q. If someone is davening outside and he dropped on Shabbos his siddur on some plants on the edge of the grass and can't pick it up without moving the leaves of the plant, can he pick it up? How tall can the plant be?
A. Remah (O.H. 336: 1) permits using soft plants attached to the ground, since there is no prohibition to use "yerek" or grass. (As when sitting, laying on it or carefully touching it). Mishna Berura (ibid 14), adds that the above only applies to plants that are not growing rigid and firm as trees and bushes do. He also mentions the height of three tefachim, as he prior (4) did. (aprox. 30 cm. or 1f.).
However, Shevet Halevi (7: 44) is lenient to pick up a taalis from a bush that did not and will not grow taller than ten tefachim, (aprox. 1m. or 40 in.).
Ohr Yehoshua Chezkiya quotes a similar opinion from Horav Shlomo Miller's Shlit'a, that one may be lenient in cases of need or kavod habriyos, such as picking up a hat, and certainly a siddur.
Rabbi A, Bartfeld as advised by Horav Shlomo and Horav Aharon Miller Shlit'a
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Posted 6/18/2020 1:04 PM |
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# 2709 Growing Pains
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Q. As we many of us daven these days on the backyard minyanim, if there is some flowerpots growing outside on the edge of the fence of the deck facing the grass, can someone stand bellow the pot while davening? Maybe it is asur since he is blocking and separating between the draining hole of the pot and the nurturing humidity of the grass, and the growth will diminish?
A. Kinyan Torah Behalacha (5: 25) deals with this issue and suggests that it may be permitted when the plants lean out from the pot, and even when someone is standing under the draining hole, he will not separate totally the "yenika," or nurturing from the ground, therefore it would be permitted. Bris Avrohom (1: 6) tends to be lenient, since he is likely to be only a "misassek" or one performing an inadvertent transgression and also doing prohibited work without intention, when it is not certain that it will occur. (Dovor sheino miskaven veino pesik reisho). See also Piskei Teshuvos (336: 16) that the people's practice is to be lenient.
In a case when none of the above reasons apply, Horav Aharon Miller Shlit'a suggested that a mat can brought out and placed underneath the feet of the one standing, so he can then walk away without changing anything for the plant above him.
Horav Shlomo Miller's Shlit'a opinion is also to be lenient.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit'a
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Posted 6/15/2020 12:22 PM |
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# 2708 Identifying Signs of Time
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Q. Does one transgress the prohibition of etching a tattoo, if one does not have the intention of writing or illustrating any words, symbols or forms at all. A dot will be tattooed in a specific place, simply to be able to identify a person, that has severe memory issues and can get lost. Or the mark of a dot may be placed for recognizing a specific place in the body medical purposes. Is that permitted?
A. Shulchan Aruch (Y.D.180: 2) rules that one may place "afar mikleh" on a wound. Taz (ibid 1) explains that even the ashes of a (coal) stove which are hard and leave a mark that remains, are permitted, since the wound and its scar also stay and prove that it was done for healing purposes.
Poskim disagree if the mark left by the ashes equals a tattoo mark as their tinctorial effect may not stay forever. (See Ribon and Rashi - Makos 21a and Avoda Zarah 29a, however, Ritva and others ibid, consider it to be only a ma'aras ayin prohibition, as it seems to be a tattoo). They also disagree if the prohibition would be Biblical or Rabbinical. See question 2707 above.
Regarding marks for identification, as was once upon the time used on slaves, Shulchan Aruch and Remah (Y.D.180: 3) rule that it is prohibited on the onset (lechatchila). Today, there are far better methods of searching and identifying an elderly individual or child prone to get lost, such as bodily attached electronic devices.
Horav Shlomo Miller's Shlit'a opinion is that it would only be permitted, if there is an actual concern of saving a life as in the case of tattoos done for pinpointing the location for the radiation to be given on cancer cases.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit'a
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Posted 6/12/2020 3:47 PM |
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# 2707 Question Mark
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Q. Is the prohibition of tattooing oneself prohibited by the Torah only when done for avoda zarah purposes only but other decorative tattoo marks are only Rabbinical? (see next question for what difference does it make).
A. On Parashas Kedoshim, (19: 28) we read: “You shall not etch a tattoo on yourselves, I am Hashem”.
Talmud (Makos 21a) explains that the Torah attached the words “Ani Hashem” to this decree, to express that tattooing is fundamentally connected to idolatry. The Rambam, (H. Avoda Zarah 12: 11) and Sefer Hachinuch, (M 253) teach that this prohibition originated as our Torah response to avoda zarah and paganism. It was the common practice for idol worshipers to tattoo themselves, thus marking and branding themselves as slaves to their pagan gods. Our Torah demanded that we totally separate ourselves from them and their idolatrous ways.
Poskim disagree if tattooing for other purposes is a Biblical prohibition, some maintain it is. (Tosafos Gittin 20b and Aruch Laner ad loc, Rambam Tur and Shulchan Aruch don't mention any distinction, Minchas Chinuch 253 debates the issue).
Others assert that it is only a Rabbinical injunction. (Biur Hagra Y.D. 180: 1, quoting Tosefta - Makos 3: 9. Chasam Sofer - Gittin 20b, Shoel UMeishiv 2: 1: 49, Get Poshut 124: 30, in Passhegen Haksav 9,
Horav Chaim Kanievski shlit'a argues that this is the opinion of most Rishonim.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit'a
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Posted 6/12/2020 1:48 PM |
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# 2706 A Wild Goose Chase II
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A. I heard that Rav Miller discouraged people to do shiluach haken on geese since they may be considered kosher birds and eaten and there is no such tradition. Why did you write that shiluach haken does apply on them?
A. On question 2683 regarding if geese considered kosher birds for the mitzva of shiluach haken, even if there is no tradition to eat them, we wrote; "Hisorerus Teshuva (4: 155) maintains that a bird that has the simanei or signs of a kosher bird (See Shulchan Aruch Y.D. 82: 3), although if there is no established tradition to eat it, and we abstain from it (Rema ibid.), still one should perform the mitzva of shiluach haken as it is possibly kosher. (See similar opinion in Birkei Yosef (292: 10), Shach (ibid.14), Minchas Elozor (3: 43), and others).
Shalach Tishlach (p. 55) quotes that in such a case one should return the eggs or chicks after lifting them to the nest. Horav Shlomo Miller Shlit'a opinion is similar."
Since Horav Shlomo Miller Shlit'a is out of town, I requested Horav Aharon Miller Shlit'a to ask his father if there has been a change in his position. He told that his father maintains that shiluach haken can be performed on Canadian geese as there is no brocho involved. but the eggs or birds should be returned.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit'a and Horav Aharon Miller Shlit'a
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Posted 6/12/2020 1:22 PM |
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# 2706 A Wild Goose Chase II
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A. I heard that Rav Miller discouraged people to do shiluach haken on geese since then they may be considered kosher birds and eaten, and there is no such tradition. Why did you write that shiluach haken does apply on them?
A. On question 2683 regarding if geese considered kosher birds for the mitzva of shiluach haken, even if there is no tradition to eat them, we wrote; "Hisorerus Teshuva (4: 155) maintains that a bird that has the simanei or signs of a kosher bird (See Shulchan Aruch Y.D. 82: 3), although if there is no established tradition to eat it, and we abstain from it (Rema ibid.), still one should perform the mitzva of shiluach haken as it is possibly kosher. (See similar opinion in Birkei Yosef (292: 10), Shach (ibid.14), Minchas Elozor (3: 43), and others).
Shalach Tishlach (p. 55) quotes that in such a case one should return the eggs or chicks after lifting them to the nest. Horav Shlomo Miller Shlit'a opinion is similar."
Since Horav Shlomo Miller Shlit'a is out of town, I requested Horav Aharon Miller Shlit'a to ask his father if there has been a change in his position. He told that his father maintains that shiluach haken can be performed on Canadian geese as there is no brocho involved. but the eggs or birds should be returned.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit'a and Horav Aharon Miller
Shlit'a
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Posted 6/12/2020 1:21 PM |
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# 2705 A Pretty Penny
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Q. Can I give $0.01 Cdn tzedakah or do I have to use only American pennies now that ours are out of currency.
A. On question 1187 regarding the value of a prutah today, we wrote: "The value of a perutah according to the opinion of the Chazon Ish and Rav Chaim Noeh is 1/40 or .025 of a gram of silver, and according to the Masoro it is .0182 of a gram of silver (Masores Hashekel p.119, Be’er Chaim p. 207)"
At today's (Sivan 2020) price of silver (about $0.55 U.S.D. per gram) it would result in $0.0125 or $0.0091, a bit more or less than a penny.
Although, the Canadian penny is out of circulation. it still has some value as a metal source (94% steel, 1.5% Nickel, 4.5% Copper), depending on the price of those metals. A Canadian penny when joined with others, will have the required prutah value, and count for tzedakah as shove kessef or value, since the receiver can collect them and sell them as metal.
Pennies that are rare, obviously can have great value.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit'a and Horav Aharon Miller Shlit'a
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Posted 6/12/2020 1:06 PM |
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# 2704 Never Too Late?
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Q. Someone that davens maariv after plag hamincha, while it is still day, and forgot to say korbanos before mincha, can he say them after maariv?
A. As Horav Shlomo Miller is out of town, Horav Aharon Miller Shlit'a consulted with his father and said that they should not be said after maariv anymore, even it it is still day.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit'a and Horav Aharon Miller Shlit'a
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Posted 6/12/2020 1:00 PM |
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# 2703 The Aron or the Mizrach?
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Q. We daven in a backyard minyan these days. During Yom Tov we took out a mobile Aron Hakodesh with a Sefer Torah, but due to the circumstances it was placed to the north side of the yard, although the shtender of the baal tefila was facing mizrach. When it came to Birchas Cohanim we weren't sure where our two Cohanim should be standing. Is it next to the chazan with their back to the mizrach, or maybe facing south with their back to the Aron Hakodesh on the north, but also facing the people. Which is correct?
A. Mishna Berura (128: 27) in a similar case quotes two opinions. Magen Avrohom maintains that the Cohanim should be standing on the north side by the Aron Hakodesh facing the people on their side. While the P'ri Chodosh and P'ri Megodim assert that they should be placed at the Mizrach, next to the Shaliach Tzibur. even if the Aron Hakodesh is in a different side., so they can face directly the people face to face.
Horav Shlomo Miller's Shlit'a opinion is that on the onset they should try to move the Aron Hakodesh to the mizrach next to the chazan, If this cannot be done, the side of the mizrach and facing the people take precedence for Birkas Cohanim.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit'a and Horav Aharon Miller Shlit'a
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Posted 6/10/2020 9:47 AM |
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# 2702 Open to Questions
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Q. Today, June 8th 2020 the government of Ontario announced that commencing this Friday June 12th, places of worship including Shuls can be used provided they operate at 30% capacity.
Please tell me if Rabbi Shlomo Miller permits minyanim to operate in Toronto under these conditions.
A. Indeed Ontario premier Doug Ford announced yesterday that churches will be opening at a 30% capacity, starting June 12, but details of how and what are the requirements needed. were not yet publicized.
Horav Shlomo Miller Shlit'a is out of town, but I did consult with the Rosh Hakolel Horav Yaakov Hirschman Shlit'a, who told me today that the Kolel will likely be opening for this Shabbos tefilos, with restrictions that include the list of people who are allowed to join. As soon as the details are given, there likely will be an announcement from all other Rabbonim .
The Rov added that he he maintains that the kissing of the Torah, is a major factor in the risk of spreading the virus, and should be avoided.
Rabbi A. Bartfeld
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Posted 6/9/2020 4:23 PM |
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# 2701 The Rabbis Too?
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Q. Thank you for your answer (2699) explaining well why do Cohanim turn their back to the Aron Hakodesh. The fact is, that it is not only the Cohanim who behave so, in most shuls and yeshivot, the rabbis when they address the congregants, also turn their back to the Holy Aron containing the Sifrei Torah. Why?
A. Rambam (H. Tefilah 11: 4) describes how the people should sit in our botei knesios, "The elders sit with their faces towards the people and their backs to the Heichal (the Aron Hakodesh)." Kesef Mishne (ad loc) explains that this is permitted in honor of the attendants. Since they pay their respect to the elders, placing them up front, the elders should reciprocate and honor them by facing them.
His source is a Tosefta (Megillah 3: 14) that portrays Moshe Rabbenu teaching to the people "as he stood at the entry of the Ohel Moed" (Vayikra 8), facing them with his back towards the sanctuary. We therefore deduce, that the honor of the people here, preempts the homage of the Heichal.
Lebushei Yom Tov (O.H. 7) adds that if just seating with their backs to the Heichal the Rambam permits for the elders, certainly one teaching the Torah of Hashem and thus honoring Him, is allowed to face the people. One may add, as mentioned in question 2699 in regard to the blessing of the Cohanim, that teaching properly the Torah of Hashem to the many, is tantamount to representing the Shechina itself.
Minchas Yitzchok (5: 78) adds another practical reason. Since it is imperative that the ones listening to Torah being taught, should face their teacher (Eiruvin 13), if the Rabbi would be in the back or at the bima facing the Aron Hakodesh, they themselves would now have to turn their back to it; better one than many.
Taz (Y.D. 282: 1) maintains that the reason Rabbis teach with their back towards the closed Aron Hakodesh, is that the Sifrei Torah therein are considered being in a separate reshus or domain, and thus permitted.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit'a
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Posted 6/5/2020 4:45 PM |
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# 2700 Don't Feed the Animals
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Q. Every Shabbos on the last few months a squirrel shows up at the window of our house at the exact time when we make hamotzi in the day, because my kids feed it with a small piece of chalah. Is that permitted?
A. On question 2296 regarding feeding pigeons on Shabbos we wrote: "One is permitted to feed the animals he owns and he has to take care for (Talmud Shabbos 155b, O.H. 324: 11). However, even if the animals are his, if he does not have to feed them and they can usually find food for themselves as most flying birds do, it would be prohibited to feed them, as it is considered “Tircha Yeseira” (Mishna Berura ibid. 29, 31), even on Shabbos Shirah. Shulchan Aruch mentions doves in his prohibition."
Horav Shlomo Miller's Shlit'a opinion is that you should not feed a wild squirrel on Shabbos.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit'a
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Posted 6/5/2020 12:08 PM |
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# 2699 Face The People
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Q. Why do Cohanim turn their back to the Aron Hakodesh when reciting their blessing to the people? Is that not an act of disrespect?
A. Talmud (Sota 38a) teaches that Birchas Cohanim should be said "ponim keneged ponim" or face to face, as when someone speaks to his friend; this is alluded by the pasuk "emor lahem," speak to them.
Maharsho (ibid.) explains that first the Cohanim turn their face towards the Aron Hakodesh, as if to ask permission from Hashem to face the people and give them the brocho, and then they turn around to face them, with Hashem's approval.
The Talmud (ibid. 40a) quotes Rabi Yitzchok saying how important the tzibur is regarded, since the Cohanim in order to face them, are allowed to turn their back to the Shechina.
Rambam (Tesh. 163) rules that there is no prohibition for the Cohanim to face the people, however if they are able to turn to one of the sides, it is better.
It is mentioned also in the name of Rabi Yitzchok Chorif and others, that since Rabenu Bachya explains that the Shechina rests on the hands of the Cohanim, (based on Medresh Shir Hashirim 2 - that the hands represent the two Kerubim inside the Kodesh Hakodoshim), so the shechina is actually with them and they are not turning their back to it.
There may be another reason for the Cohanim to turn around and face the people. Namely to bless them with the brochos that contain not only their spiritual needs, but also their material and corporal essential necessities.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit'a
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Posted 6/4/2020 3:08 PM |
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# 2698 Count your Blessings
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Q. How does one reach meah brachos (hundred blessings one should recite every day) on Yom Tov. Some of the birkas hashachar are lost due to not sleeping, plus we eat only two seudas, and it may be hard to eat so many snacks during the course of the day? What should one do?
A. On the onset one should try to add as many
brochos as he can from different foods and smells, always being
careful not to recite unnecessary brochos. (As Poskim disagree if it
is permitted to bless unnecessary brochos for the purpose of
completing the hundred brochos on Shabbos and Yom Tov; see Magen
Avrohom 215: 6, quoting the Shaloh).
Shulchan Aruch (O.H. 284: 3) rules that one should
have intention to listen to the brochos of the people being called
for an aliya to the Torah and for the Haftarah and answer amen after
them, which will count to complete the hundred brochos during
Shabbos.
Kol Bo (36) and Rokeach (319) maintain that the
recitation of Ein K'Elokenu at the end of davening that includes
twenty mentions of the name of Hashem, counts as adding twenty
brochos. (See also Sefer Meah Brochos for other considerations).
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit'a
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Posted 6/2/2020 6:28 PM |
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# 2697 A Free Gift?
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Q.(See question 2696 above). Do I have to give maaser from the present?
A. Poskim disagree, most maintain that one is not obliged to give maaser from objects one has received as a gift. However, monetary gifts should be included in maaser. (Rabbenu Yonah - Sefer Hayira, Yad Halevi 2: 44, Chazon Ish - Derech Emuna 7: n. 67. Nevertheless, Mishne Halachos 12: 341 and others rule that one must give maaser even on bar mitzva or wedding presents. See question 2432 that one is exempt of giving maaser on money saved).
Horav Shlomo Miller's Shlit'a opinion is that it depends on how one has accepted from the onset his minhag to give maaser. As mentioned many, times, one should always specify that his maaser is given all b'li neder.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit'a
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Posted 6/2/2020 5:50 PM |
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# 2696 Remains to be Seen
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Q. Someone gave me money for Yom Tov expenses. (He gave me more than necessary, especially since I ate out by some of the meals.) May I spend whatever is left over on other things (including future Shabbos expenses, seforim, or other things?
A. See question 2674 regarding sharing food given by parents with others, when parents object. In this case Horav Shlomo Miller's Shlit'a opinion is that it is also permitted to use the left over funds for other needed and necessary expenses.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit'a
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Posted 6/2/2020 5:42 PM |
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# 2695 Beat the Heat
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Q. Someone left on Shabbos by mistake the crock pot on high, and the cholent will likely burn out. If it has a light that shows when the heat is on, can one turn down the level of heat when it is off on Shabbos?
A. Horav Shlomo Miller's Shlit'a opinion is that even when the indicating light is off, one may still be activating electronic circuitry as it often happens with stoves, therefore, besides other considerations, the heat should not be lowered even when the light is off.
The Rov suggested simply to add more water to the pot, following the Halacha permitted procedure for doing so. Also one may place some crumpled silver foil at the bottom of the crock pot thus elevating the insert and bringing down the heat being imparted to the food.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit'a
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Posted 6/2/2020 3:08 PM |
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# 2694 Not The Same Brocho
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Q. You answered (question 2693) that a wife can recite the brachot of Elokai Neshama and Hamaavir Sheina on behalf of her husband, who didn't sleep on Shavuos night. Can she also recite the bracha for the Torah on his behalf?
A. Shulchan Aruch (O.H. 47: 14) rules that women can recite the brocho of the Torah. Biur Halocho (ad loc) quoting Beis Yosef and Mogen Avrohom, explains that since they are obliged to learn the mitzvos and halachos that pertain to them and to say korbanot as part of the tefila, they also have to recite the blessing of the Torah. Therefore he quotes the opinion of P'ri Megodim that they can also recite the brocho and be motzi men.
However, he follows by mentioning that Hagra disagrees and although he consents that they can recite the brocho, they cannot be motzi men. (A reason is given in Chidushei Hagriz, end of Suka, see also Minchas Aviv p. 52).
Horav Shlomo Miller's Shlit'a opinion is that the wife should not recite the brocho of the Torah on behalf of her husband.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit'a
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Posted 5/28/2020 4:05 PM |
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# 2693 A Blessing Wife
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Q. It is likely that many will be learning and davening alone this Shavuos. (And when someone stays awake the complete night, he should not recite certain brochos. He then usually asks another person who did sleep to recite them and be motze him). Can a wife be motzi her husband with elokay neshomo and hamaavir sheino?
A. Horav Shlomo Miller's Shlit'a opinion is that it can be done, and if she slept she can recite for him these two brochos.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit'a
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Posted 5/28/2020 2:27 PM |
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Important Numbers
