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Have a question? Send it in! Questions are answered by Rabbi Bartfeld.
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# 2900 Has this Dawned on You?
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Q. Regarding the above questions (2898-99) on davening before dawn. Can one say Pesukei Dezimra before the alos (dawn)?
A. Sha'arei Teshuva (664) quotes Maharil that one should avoid saying Pesukei Dezimara at night, Mekadeh Yisroel (Shavuos 41) is also stringent, as is Rivavos Efraim, reasoning that since they are compared to Halel, they can only be recited during the day (Rivavos Veyovlos p.7).
However, many Poskim permit reciting Pesukei Dezimra in time of need before alois (dawn) until Yishtabach. (Da'as Torah 28, and 664 quoting P'ri Megodim, Teshuva Mehava 1: 221, Tehila Ledavid 58, Birur Halocho 51 : p. 127, Siach Tefilo, and others, see also Mishna Berura 89: 40).
Horav Shlomo Miller's Shlit'a opinion is that in need one may be lenient. However, one should be careful to observe the other time requirements, such as the right time for donning the taalis and the tefilin, as well as for reading the shema.
Rabbi A. Bartfeld as advised By Horav Shlomo Miller and Horav Aharon Miller Shlit'a
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Posted 10/23/2020 4:34 PM |
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# 2899 Something New Under the Sun?
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Q. In places where the netz hachama (sunrise) is very late, may one daven shacharis at alos (dawn - or even earlier) on a consistent basis? How much before neitz is considered alos?
A. (See question 2898 above regarding the recitation of Korbanos at night). Shulchan Aruch (89: 8) rules that in time of need one may daven after alos, but one should wait until the stipulated time for reading the Shema has come.
You must also consult daily the zemanin charts widely available on line, to assert that the proper times for putting on the taalis and the tefilin, as well as the reading the shema have come.
Depending on your location, there may also be some shuls available that maintain a before neitz minyan during winter times. They can be found on line.
Horav Shlomo Miller's Shlit'a opinion is that in need you may also relay on the early Alos Hashachar stipulated on the charts. See next question regarding Pesukei Dezimra before alos.
Rabbi A. Bartfeld as advised By Horav Shlomo Miller and Horav Aharon Miller Shlit'a
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Posted 10/23/2020 1:00 PM |
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# 2898 The Cracking of Dawn
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Q. At this time of the year, I have a hard time davening after sunrise (Neitz Hachama) and coming on time to my job. Can I say brachos and korbanos before Alos Hashachar (dawn)?
A. Shulchan Aruch (O. H 47: 13) rules that Birchas Hatora as well as all the Birchos Hashachar can be recited even before dawn, excepting the brocho of Hanosein Lasechvi Bina, which cannot be said until dawn. Mishnah Berurah (31) adds that others also permit the recitation of this brocho at night. Shulchan Aruch adds that the parsha of the Korban Tamid should also be omitted. Mishna Berura (32) explains that this includes all the mishnayos on korbonos repited after, since this sacrifices were only done by day.
However, Mishna Berura (1: 17) rules that Parshas Hakiyor (washbasin) and Terumas Hadeshen (removal of the ashes) can be said at night. He adds that in need the Parshios of Korbanot could be recited at night too.
Rabbi A. Bartfeld as advised By Horav Shlomo Miller and Horav Aharon Miller Shlit'a
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Posted 10/23/2020 12:47 PM |
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# 2897 Burn Away?
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Q. See question 2895 above regarding building a columbarium. If the building owner can get a permit for installing a crematorium in that building, would that be also permitted in need?
A. Some Poskim maintain that even for the Jewish dead, the mitzva of burial is only Rabbinical. (Rambam - H. Avel 14, Chavas Yoir - Y.D. 31, see Yabia Omer Y.D. 3: 23.
Other Poskim maintain that there is a mitzva for Gentiles to bury their own dead. K'lei Chemda (Chayei Sarah) quoting Avnei Nezer mentions that Gentiles have an obligation to bury their dead, since they are also obliged to return something taken from others (hashovas hagezeilah), and the mitzva of burial is based on the returning to the planet earth of what was taken from it.
Nevertheless, in principle there may not be a mitzva for Jews of burial on a Gentile's body (Meiri Shabbos 94a quoting Yerushalmi, Beis Yitzchok (24: 4) Mishne Halochos (7: 63). Unless it involves 'darkei shalom' or maintaining equality, egalitarian rights and peace for all (Gittin 61a). That may not be the case when a Gentile actually demands cremation.
However, Horav Shlomo Miller Shlit'a pointed out to that Tzitz Eliezer (10: 25: 9) quoting Ramban, Chavas Yoir and Chassam Sofer, is stringent and maintains that not only in Eretz Yisroel, but also in Chutz L'aretz there is an obligation, besides 'darkei shalom' to bury all dead. Besides there is the additional consideration that the dead one may have been actually Jewish.
The Rov therefore, maintains that one should abstain from engaging in the cremation of any corpses.
Rabbi A. Bartfeld as advised By Horav Shlomo Miller and Horav Aharon Miller Shlit'a
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Posted 10/23/2020 12:39 PM |
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# 2896 Wash Away
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Q. Re-question 2891 above, regarding women washing clothes during Rosh Chodesh. Is doing the laundry by washing machine also included in the minhag of women not doing work in Rosh Chodesh?
A. Some Poskim are stringent (Emes l’Yaakov, O.H. 417:1); Ko Somar l’Beis Yaakov, p. 70; Mevakshei Torah, 41, p. 32).
However, others are lenient since no real hard work is involved. Horav S.Z. Auerbach zt'l (Shalmei Moed, p. 11.) Yalkut Yosef (H. Rosh Chodesh 417: 1), Divrei Sholom (p.55) and others. (See also Orchos Rabbeinu, 1, p. 177).
Horav Shlomo Miller's Shli'a opinion is that in need, one may be lenient.
Rabbi A. Bartfeld as advised By Horav Shlomo Miller and Horav Aharon Miller Shlit'a
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Posted 10/23/2020 9:09 AM |
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# 2895 Kashes on Ashes
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Q. Someone who acquired a small building next to a non-Jewish cemetery, wants to use it as a columbarium for storing the cremation ashes of the dead. These are kept in urns placed in niches or on shelves all around the walls of the building. Since he charges for those niches and their upkeep. is it prohibited since he is deriving benefit from death? Does it matter that they are Gentiles?
A. Poskim disagree if the cadavers of Gentiles are included on the prohibition of deriving benefit from the dead. Shulchan Aruch (Y. D. 349: 1) rules that they are, However, Hagr'a quotes Rashba and Tosafot that they are excluded from the prohibition. Pischei Teshuva (ibid. 1) cites opinions that they are only Rabbinicaly prohibited.
Poskim also debate whether the ashes of cremated bodies are included in the prohibition of deriving benefit from the dead and if the fact that there is a mitzva of burial which may not apply to Gentiles, makes a difference or no. (See Minchas Chinuch 146: 17. See also question 1008 and 1322 regarding the transplant of different organs and body parts).
Horav Shlomo Miller's Shlit'a opinion is that in principle and in need, the building could be used as a columbarium.
Rabbi A. Bartfeld as advised By Horav Shlomo Miller and Horav Aharon Miller Shlit'a
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Posted 10/23/2020 9:02 AM |
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# 2894 Is It Day or Night?
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Q. Can one wash and eat supper for Rosh Chodesh Seuda or does it have to be done during the day?
A. Poskim disagree. Mishna Berura (419: 2) that for the purpose of the food or meal added for the honor of Rosh Chodesh, it suffices if it is done during the day, and there is no need to do so also at night.
Darkei Teshuva and Nimukei Orach Chaim (419) assert that the seuda must be by day and not at night, since we are not Mekadesh the Chodesh at night.
However, Aruch Laner (Sanhedrin 70b) maintains that according to the Magen Avraham, one complies also if he eats the seuda at night. While Yaskil Avdi (7: p. 294) opines that even at night (leil Rosh Chodesh) one should add some extra food in honor of Rosh Chodesh, as we do in Purim.
Yosef Ometz (692) chastises the ones that eat a seuda on the night after Rosh Chodesh already ended, since if they did not do so during the day, it is an embarrassment for the honor of Rosh Chodesh.
Horav Shlomo Miller's Shlit'a opinion is to follow the ruling of the Mishna Berura above quoted.
Rabbi A. Bartfeld as advised By Horav Shlomo Miller and Horav Aharon Miller Shlit'a
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Posted 10/23/2020 8:57 AM |
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# 2893 The Beginning's Meal
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Q. I remember learning that there is an obligation to wash and eat a bread meal at least once a day during Rosh Chodesh. Why is it that not all do so?
A. Shulchan Aruch (419: 1) rules that it is a mitzva to be "marbeh," enlarge and augment on the seuda of Rosh Chodesh. Mishna Berura (1) mentions that in principle one is not obliged to eat a seuda with bread that requires benching, as mentioned also in O.H. 188: 6). However, it is better if one does. He further adds (ibid. 2) that one should add a special dish to the regular meat eaten, for the honor of Rosh Chodesh, even on Shabbos.
However, Kaf Hachaim (ibid. 5) maintains that the seuda of Rosh Chodesh should be consumed similar to the seudos of Shabbos and Yom Tov. (See also Ben Ish Chai - Vyikra 2: 10, and Darkei Chaim Veshalom 489).
Tur (419) quotes the Pesik'ta's saying that; 'All the food to be given to one during the year, is pre-dictated on Rosh Hashana, excepting for what one consumes during Shabbos, Yom Tov, Rosh Chodesh and Chol Hamoed.'
Horav Shlomo Miler's Shlit'a opinion is that although there is no obligation on a seuda for Rosh Chodesh, one should follow his established traditions and minhogim.
Rabbi A. Bartfeld as advised By Horav Shlomo Miller and Horav Aharon Miller Shlit'a
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Posted 10/23/2020 8:51 AM |
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# 2892 Bris Tricks?
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Q. A baby boy who has jaundice before his 8th day cannot, in most circumstances, be circumcised in time, unless the jaundice disappears in time.
Some employ all sorts of remedies to get the jaundice to disappear. Some wash the baby's hands in the morning (Negel Vasser). Another recent remedy touted is to place live fish in a fish tank in the baby's vicinity and the fish absorb the jaundice and die, and the baby's skin turns an acceptable colour.
Are these remedies advisable or should we let nature take its course and the baby will be ready for his Bris when HaShem prefers? Is the fish remedy permissible or is it something like Darkei Emori and should be avoided?
A. Other segulos are also quoted such as the similar one of bringing a pigeon and placing it on the baby (mentioned by Horav M. Kanner Shlit'a).
Horav Shlomo Miller's Shlit'a opinion is that the tefilah bekavanah, learning Torah, doing chessed and helping others, are after all the best segulos for all machlos and tzoros.
Often people see segulos as a magic trick or a shortcut to avoid what Hashem truly desires from us, and then they should be avoided.
However, the Rov added, that effective and proven medical procedures should be used under proper medical supervision.( See also question 54 on segulos and tefilos for the ailing, questions 1113, 1412 on wearing a red string, question 2123 regarding matza shemura and question 1550 regarding the husband of a pregnant woman getting pesicha).
Rabbi A. Bartfeld as advised By Horav Shlomo Miller and Horav Aharon Miller Shlit'a
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Posted 10/22/2020 2:03 PM |
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# 2891 Praise Our Saintly Women
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Q. What is the reason and source that women as opposed to men avoid doing certain melochos and work on Rosh Chodesh?
A. Pirkei D' Rabi Eliezer (45) mentions that when the women refused to contribute any of their jewelry for the making of golden calf, for their strong convictions and messiras nefesh, Hashem rewarded them with true simcha and joy, including Rosh Chodesh
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Similarly, Tur (O.H. 417) further explains that the Sholosh Regalim, Pesach, Shavuos and Sukkos, corresponding to different seasons, represents and stand each one also for one of our unblemished Avos. However, when the next stage came to be, the Twelve Shevatim or Tribes, due to the sin of the eigel, did not actually made it by themselves without the help of their unblemished women, and therefore Rosh Chodesh, representing the twelve months, stands mainly for them.
Darkei Moshe ((417: 1, quoting Ohr Zaruah), adds that women, more than men, depend on the timely similar moon cycle, for reaching their body state of conjugal purity. Therefore, Rosh Chodesh that is totally dictated by the moon cycles, is in their zechus and merit.
Rabbi A. Bartfeld as advised By Horav Shlomo Miller and Horav Aharon Miller Shlit'a
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Posted 10/20/2020 1:55 PM |
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# 2890 Washing One's Linen in Public?
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Q. The Minhag is that women do not wash clothing on Rosh Chodesh.
I, the husband, do the washing in our home. Is it OK if I hang the washing on the porch where it can be seen by the neighbors, or do I have to avoid the Mar'is Ayin that they might think my wife washed them?
A. Shulchan Aruch (O.H. 417: 1) writes that it is a good minhag for women to avoid doing melochos and work during Rosh Chodesh. Remah (ibid.) adds that if the minhag is to avoid doing only some melochos and not others, we have to follow the minhag. Biur Halocho (ibid.) mentions that the tradition remotes to the days of Moshe Rabbenu and quotes from Yerushalmi and many Rishonim and Poskim that invoke people to follow it.
Mishna Berura (4) cites different minhogim regarding which day of Rosh Chodesh is included. Also Poskim write that minhogim disagree whether it applies also at night (Biur Halocho ibid.)
Horav Shlomo Miller's Shlit'a opinion is that taking into account the many variables that may permit the actual washing (see also next question regarding using washing machines), including, as in your case, that it could be done by the husband, there should not be any real issue of ma'aras ayin.
Rabbi A. Bartfeld as advised By Horav Shlomo Miller and Horav Aharon Miller Shlit'a
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Posted 10/20/2020 1:47 PM |
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# 2889 Fix For Dinner
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Q. See question 2886 above regarding an Hachnosas Sefer Torah. Do we have to make a seudah during these pandemic days? and how many people should attend?
A. Based on Remah (O.H. 669: 1) that we make a seuda when we end the Torah reading on Simchas Torah, Poskim write that a similar seuda should be arranged when finishing the writing of a Sefer and celebrating the Hachnosas Sefer Torah. (Mataamim, Al Pi Hatorah p. 614 and others). This is at least similar to the seuda done at a siyum.
Horav Shlomo Miller's Shlit'a opinion is that although it is proper and correct to make a seuda when possible, in times of need even a kiddush with mezonos will suffice.
The Rov suggested that when times return to normal a siyum should be arranged, also in honor for the new Sefer Torah.
Rabbi A. Bartfeld as advised By Horav Shlomo Miller and Horav Aharon Miller Shlit'a
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Posted 10/20/2020 1:34 PM |
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# 2888 Reading Before Writing?
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Q. When writing a letter of a Sefer Torah, at the ceremony of an Hachnosas Sefer Torah, besides saying the required statement that one is writing "Leshem Kedushas Sefer Torah," should not one also have to say aloud the letter or the word that he is about to write, as a regular scribe does when he writes a Sefer Torah? Why is it that we never see that done?
A. Shulchan Aruch (Y.D. 274: 2) rules that the one writing a Sefer Torah has to read aloud from another Sefer the word before he writes it on the new one. The source is quoted as the Smag deducing from Baba Basra 15a, that when Moshe Rabbenu wrote the first Sefer Torah, he repeated aloud every word that Hashem told him to write, before he wrote it himself.
Poskim disagree if one copying from a kosher Sefer Torah, also has to read the words aloud (Kesses Hassofer 5: 6) quotes the conflicting opinions of the Chassam Soffer and Bach. It may depend if the reason why it is done. Is it for avoiding a mistake or to impart kedusha to the words).
Horav Shlomo Miller's Shlit'a opinion is that in our case, when one is just writing one letter or part of it, and the word is practically complete, one does not need to say aloud the word, before writing a letter.
Rabbi A. Bartfeld as advised By Horav Shlomo Miller and Horav Aharon Miller Shlit'a
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Posted 10/16/2020 4:04 PM |
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# 2887 The Law of the Letter
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Q. When giving out the kivudim (honors) for writing a letter in a new Sefer Torah, is it a greater kivud to be first to write or the last one?
A. Horav Shlomo Miller's Shlit'a opinion is that the greatest mitzva and kovod goes for the one who finishes and makes the Sefer Torah kosher and acceptable for being read.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a
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Posted 10/15/2020 10:26 PM |
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# 2886 March to a Different Tune
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Q. I want to make an Hachnosas Sefer Torah this week, while my mishpacha is still here, (they came for Yom Tov) do we have to make a parade on the street with a chupa, as it is usually done, or due to the fact that it may create a Chilul Hashem, should it better be avoided?
A. Horav Shlomo Miller's Shlit'a opinion is that indeed, giving the current pandemic circumstances and the stringent and cautions government laws provided against assembly in public places, it would be correct to avoid a public parade on the streets leading to the shul. However, a small entry act, from the not public parking lot, could be done for the honor of the new Sefer torah.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a
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Posted 10/15/2020 10:16 PM |
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# 2885 Not for Reading
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Q. Can I bring a Sefer Torah to an outside back yard minyan on Simchas Torah to be used for hakofes only, if they will not read from it at all?
A. Mishna Berura (669: 9) quotes Ledovid Emes, that if they are only a few Sifrei Torah in a shul, one may bring one temporarily for the hakofes of Simchas Torah. Although, normally one may not remove a Sefer Torah from its permanent location for only a provisional use, during Simchas Torah, for the honor of the Torah it is permitted.
Horav Shlomo Miller's Shlit'a opinion is similar.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a
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Posted 10/15/2020 10:07 PM |
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# 2884 Games Over?
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Q. Until what age may a brother and sister play together physically, such as climbing on each other, riding on each other, hugging each other, tickling each other, touching each other?
A. Horav Shlomo Miller's Shlit'a opinion is that children and situations vary greatly. Therefore, this answer should be left to the parents together with their competent Rabbi and mentor, who is familiar with the particular situation of this family.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a
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Posted 10/14/2020 10:19 PM |
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# 2883 A Monumental Decision
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Q. Our family gathered together for Sukkot on these most unusual times. We are planning to do the Hakamath Hamatzevah for our father and grandfather, while we are all together. Since many are departing immediately after Yom Tov, can we do the matzevah on Issru Chag? Any recommendations?
A. Nitei Gavriel (Shavuos 37: 5), Tzion Lanefesh Chaya (end of n. 10), Davar Beito (5756 p. 36) and others mention that the minhag is not to perform Hakomas Hamatzeiva in days when no tachanun and hespedim are said including Issru Chag. They relate that the matzeiva of the Stretner Rebbe zt'l was dedicated on Issru Chag Shavuos, but no hespedim were said. (See also Mekadesh Yisroel - Shavuos 109, regarding Hakomas Matzeiva on the seven days after Shavuos).
Horav Shlomo Miller's Shlit'a opinion is that in need the dedication can be done, but hespedim should be avoided.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a
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Posted 10/14/2020 10:10 PM |
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# 2882 Follow Your Rov
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Q. What is Horav Miller's opinion psak on just a few people in shul or even one person such as the Rov doing all hakofes. Is that permitted?
A. Horav Shlomo Miller's Shlit'a opinion in similar shailes is that the Rov of the shul involved should decide the path to follow, as the variables involved change from place to place.
In principle, the Rov maintains that in time of need changes can be made.
Rabbi A. Bartfeld as advised by Horav Shlomo and Horav Aharon Miller Shlit'a
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Posted 10/12/2020 10:01 PM |
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2881 Good News
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Q. What is the correct procedure during these difficult Simchat Torah with the Kol Hanearim taalith covering and for the ones that will not have the opportunity to get an aliya?
A. Horav Shlomo Miller's Shlit'a opinion is that the separate families with children present in the shul or courtyard minyan, should cover themselves as individual small groups. These individual small groups should maintain proper distancing from others as well as other necessary precautions.
The Rov recommended that the participants should repeat quietly the complete Birchas Hatorah with the person who received the aliya, and then listen carefully to the words being read, even if they are unable to read them themselves.
Rabbi A. Bartfeld as advised by Horav Shlomo and Horav Aharon Miller Shlit'a
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Posted 10/9/2020 5:56 PM |
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