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Have a question? Send it in! Questions are answered by Rabbi Bartfeld.
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# 2789 Learning the Hard Way Only?
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Q. We have a well attended Daf Hayomi shiur. Can the shiur take place on Erev Tisha Beav after chtatzot (afternoon) as we usually abstain at that time from learning Torah that does not apply or refer to the churban? Does the fact that a significant amount of bitul Torah (neglect of learning) is involved permit the shiur?
A. Remah (O.H. 553: 2) writes that it is a tradition not to learn Torah on Erev Tisha Beav from chatzos (midday) onward, unless it is the same subjects permitted during Tisha Beav itself.
However Mishna Berura (8) quotes Poskim that permit (Maharshal, Hagra, Chaye Adam and others) since they maintain that it is a unnecessary stringency. Maamar Mordechai, adds that this creates bitul Torah for many, since people learn what their heart desires. He rules that one can be lenient. Shoel Umeshiv (3: 1: 131) mentions that he wrote that particular teshuva on Erev Tisha Beav, since it was necessary.
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 8/7/2020 4:17 PM |
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# 2788 First Done First Served?
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Q. (See questions 2787-88-89 above) Which should be done first (on Tisha Beav), the levayah of the aunt who was just niftar or the Hakamat Mazeiva of her husband who passed away almost a year ago?
A. Shulchan Aruch (Y.D. 354: 2) rules that when the levayah of a man and a woman are ready to be done at the same time, the burial of the woman takes precedence, as she is most prone to decay first. This applies even if the man died first (Ch. R"A Eiger ad loc).
Certainly when dealing with the Hakomas Hamatzeiva of the husband, the burial of the wife takes precedence.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit’a
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Posted 8/6/2020 12:15 PM |
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# 2787 A Monumental Mourning
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Q. (See questions 2787-88 above). Can the Hakamat Hamatzeiva be done on Tisha Beav and the same day as the levayah? Are hespedim permitted?
A. Nitei Gavriel (Bein Hametzarim 2: 81: 7) permits Hakamat Matzeiva on Tisha Beav. Mekadesh Yisroel (309) and Nishmas Yisroel (35) and others also allow, but debate if hespedim or eulogies are permitted since it is a day when tachanun is omitted, as it is also considered a moed. (see question above that many permit when mention of the avelus of the day, so not to forget the important significance of the occasion).
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 8/6/2020 12:09 PM |
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# 2786 A Sad Stating of Afairs
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Q. (See question 2787 above) Are Hespedim permitted on Tisha Beav?
A. Mishna Berura (559: 17) rules that although tachanun is not recited on Tisha Beav, as it is called ’moed’ (essentially it is and in the future it will be openly a Yom Tov), hespedim can be said on a Talmid Hacham even after chatzos. Devar Shmuel (9) and others permit saying hespedim for all niftarim. They recommend also to mention the avelus of the day, so not to forget the important significance of the occassion.
Horav Shlomo Miller’s Shlit’a opinion is similar
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Posted 8/6/2020 11:57 AM |
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# 2785 Halevai No Levayah
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Q My aunt passed away before Tisha Beav and in order to have her two sons who live overseas attend the levayah, it was postponed to Tisha Beav, since they find it very difficult to travel these covid times. Since her husband passed away about a year ago and the matzeva was ready, they decided to do the unveiling also on the same day. A few questions.
1) If you do a levayah on Tisha Beav can it be done before chatzos or does it have to wait until the afternoon?
A. It is apparent from Poskim that a levayah should should be done early, since it is a most important mitzva and the principle of "zerizim makdimin" applies, therefore it should not be delayed after chatzos when possible.
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 8/6/2020 11:50 AM |
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# 2784 Come Out Clean
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Q. May one pick up from the cleaners during the 9 Days clothing that were brought in before Rosh Chodesh?
A. Horav Shlomo Miller's Shlit'a opinion is that he may pick it up, as there is no concern of maras ayin or what may seem to observers a violation of Halacha (one could be saving it for Shabbos or for after the Nine Days). Of course the restrictions on wearing laundered clothing during the Nine Days apply.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a
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Posted 8/6/2020 11:26 AM |
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# 2783 United We Stand?
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Q. I also wonder, (see question 2782 above), when it rains the minyanim often meet wearing masks inside one of the houses, staying separately inside different adjoining rooms with open doors. Does this scenario qualify as a proper minyan?
A. As mentioned above, if the people in different rooms see each other and have a clear intention to be part of the minyan, Mishna Berura rules that in need one can be lenient. However, Horav Shlomo Miller's Shlit'a opinion is that regarding Chazaras Ha’shatz and Kerias Hatorah, one should be stringent.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a.
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Posted 8/6/2020 11:20 AM |
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# 2782 Clear The Deck
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Q. Regarding the questions regarding fences separating backyard properties to be able to have a proper minyan for Chazaras Hashatz. I wonder about the backyards that have decks as many do. These decks are usually more than ten tefachim high and are also surrounded with their own protective railings that are also higher. Can part of the minyan be standing on the deck? Are these decks any different than an elevated bimah in a shul that also has similar railing? Why would small chain-link fences between properties be any different?
A. Although. as mentioned on question above, Mishna Berura (55: 52) rules in principle that one who davens in the window of an adjoining building, if his face is visible, is counted as part of the minyan, Horav Aharon Miller Shlit'a quoted that Horav Shlomo Miller Shlit'a maintains that it does divide the minyan if it is ten tefachim high (approximately 1.m), for the purpose of reciting Chazaras Ha’shatz and Kerias Hatorah, as mentioned above. It is not the same as the ten tefachim high railings of an elevated bimah in a shul, where the people standing there are counted as part of the minyan even for everything, since they are under one uniting roof and not outside.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a.
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Posted 8/6/2020 11:10 AM |
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# 2781 And the Name Is...
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Q. Can a Ben Torah give the name of a recently deceased uncle to his newborn child. The uncle was not frum at all, but he was very helpful and loving to his nephew and as Hakoras Hatov he wants to give the baby his name. Is that correct and advisable?
A. There is great importance in the giving of a name to a newborn in Jewish tradition and the names should be carefully chosen as the y have an immeasurable effect on the spiritual development of the child
One of the most important principles in our religion that we must very clearly understand, is that it is all based on Hakoras Hatov. Not only to the other ones we benefited from, including even inanimate entities, but most importantly to have Hakoras Hatov to our Creator. So there is no doubt, that recognition and thankfulness should be given to the deceased uncle, especially if the family expects that his name should be given to the newborn. However, one may add a second name to the baby that also honors a Talmid Hacham in the family. (See also question 2512).
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 8/6/2020 11:04 AM |
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# 2780 Questionable Money
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Q. I heard once that there is a minhag not to handle money during Tisha Beav. Is that really so?
A. Nitei Gavriel (Bein Hametzarim 2: 79: 17) indeed quotes from Machzor Meaglei Tzedek, that there is an ancient minhag for some, not to handle money before chatzos on Tisha Beav. (Presumably for concentrating and not forgetting the mourning of the day). However, that does not include the monies given for tzedaka, as he mentions there.
As usual Horav Shlomo Miller's Shlit'a opinion is that one should keep the minhogim of his family and community.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a
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Posted 8/4/2020 5:08 PM |
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# 2779 One False Move
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Q. I was present at a siyum masechta that three sons made for their father's yohrzait during the Nine Days. It was a flaishig (meat) siyum and each one of the sons spoke. One of the sons mentioned when he spoke, that he wasn't able to complete his full share of the dafim assigned to him. There was an uproar and some of the presents said that no one should continue eating meat and some even claimed that they should not bentsch, since they ate a prohibited seuda during the Nine Days. Where they right?
A. Chashukei Chemed (Shabbos 137a) mentions a similar shailah regarding a fleishig bris milah seuda done on Rosh Chodesh Av. The mohel, due to the pressure of the baby's father, performed the bris when the baby was still yellow. It was due to the large amount of guest who attended the feast at a fancy and expensive hall. Chasukei Chemed debates whether one can eat meat in such a meal, since due to the danger involved the bris the mitzva was not done properly and leans to be stringent.
However, in our particular case, although the siyum was not completed properly, Horav Shlomo Miller's Shlit'a opinion is that it is still considered a seudas mitzva, but on the onset meat should not be consumed. Nevertheless, the birchas hamazon should be recited.
(One may search for someone that attends Daf Hayomi, as the learners often have almost finished small masechtos and are saving the last few lines for the right occasion).
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a.
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Posted 8/4/2020 4:43 PM |
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# 2778 A Look Into Luck
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Q. Someone who has to deal with government property tax revue issues, should he avoid doing so during the three weeks?
A. On question 19 regarding signing the waver of conditions or contracting a mortgage during the three weeks or nine days, we wrote: "Shulchan Oruch (O.C. 551:2) rules that on the nine days we restrain from engaging on constructions that bring enjoyment. Mishna Berurah (ibid 7) quotes Magen Avrohom that this includes any construction that is not essential for normal living purposes, but is done for superfluous and gratuitous utility. Mekor Hachaim (ibid.) and Devar Yehoshua (2:73) permit the construction of structures for commerce or rental intent.
Horav Shlomo Miller’s Shlita opinion is that signing a waver of conditions or signing a mortgage for commercial purposes is permitted even during the nine days. For residential necessity, it would be permitted only in compelling circumstances where one can not wait until after Tisha Beav."
The Rov's opinion is that in general, when dealing with issues that may present some degree of danger or loss, they should be avoided during the three weeks. Horav Dovid Pam Shlit'a added that during the three weeks we avoid items that incur in sakana or danger, however, after Tisha Beav we are more concerned with reiya mazleih or our mazal being inferior and unfortunate. See questions 1406 and 1801 on the different opinions until when it extends.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a
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Posted 8/4/2020 4:28 PM |
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# 2777 The Eternal Builders
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Q. Why was it necessary to write the Sefer Devarim as a separate sefer that Moishe wrote in his own words (Al Pi Hashem). Since most of it is only a repetition of what already happened, could not all the new mitzvos added be included in the other chumashim? So why was this Sefer Devarim really necessary?
A. Parshas Devarim is read before Tisha Beav on Shabos Chazon, and there is an important reason for it.
The Talmud (Shabbos 114a, Brachos 64a)) writes that Talmidei Chachamim are named “banaim” or builders, because they build the world through their Torah, mitzvos, and maasim tovim.
Rashi and Tosafos (Suka 41a) quote Medresh Tanchuma that the third Beis Hamikdash made from fire will come down from heaven already built and complete.
However, the Alshich (quoted in Arvei Nachal – Netzovim) explains that they are called builders because through their Torah, mitzvos, and maasim tovim they constantly build that Beis Hamikdosh. While others with their wrong acts and sins, persistently destroy it. The Satmar Rebbe used to paraphrase the above idea on the tefilah “Uvnei Yerushalaim Bimhera Beyameinu,” as; we are asking from Hashem to rebuild Yerushalaim promptly with our days and with our acts.
It seems that there is a tremendous difference, between the two interpretations. Since according to the Alshich, we are already rebuilding now with our Torah and mitzvois the land, Yerushalim and the Beis Hamikdosh. However, it is likely that Rashi and Tosafos, also agree that tzadikim with their Torah, mitzvos, and maasim tovim build even that Beis Hamikdash made from fire that will eventually be completed and delivered.
But how does one merit to become that so special type of builder?
It is only when one actually feels in his heart and soul, that the Beis Hamikdosh is his place and his only place, the home where he truly belongs and without it, he has no real space anywhere. Then, whatever Torah he is learning and mitzvois he is keeping, he intends it to create and build the only location where he can actually exist. That is the meaning of the mourning for the Beis Hamikdosh; it is totally different from the grief and bereavement experienced by the departure of a dear one, whom we don’t expect to revive in the near future. This new building contract has to be understood, achieved and acquired before Tisha Beav, the day also named a Moed, since it is then that the rebuilding truly begins. It is erected with our deepest feelings of Hakoras Hatov, repaying all the chesed and sacrifice that the land and the Mikdosh did and constantly do for us. Therefore we must feel deeply that whenever we learn Torah and comply with mitzvos, we are adding and rebuilding a part of the Beis Hamikdosh. When we don't we may be adding to its destruction.
Sefer Devarim is the story of how to reach our land, conquer it and build on it the Beis Hamikdosh. It is a story of fixing mistakes and wrongdoings, of truly understanding where we belong, how to get there and build it. It has to be read right before Tisha Beav, on Shabbos Chazon, the day, as the name implies, of perception and awareness.
Moshe Rabbenu wrote the Sefer Devarim a short while before his death and from his own experience gained from a lifetime of constantly building. It was only at that height of his incredible life of constantly constructing and elevating not only others, but also his own self, where the true and unique Beis Hamikdosh of "veshochanti betocham," can exist. Day by day, edifying a home for the Shechina to rest inside one's heart and mind, is the essence of Sefer Devarim that Moshe wrote and gave to us, at the end of his life.
Rabbi A. Bartfeld
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Posted 7/27/2020 4:41 PM |
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# 2776 United for the Torah We Stand
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Q. (See questions 2771- 75 above - regarding fences separating backyards for the purpose of having a minyan), When there is a mechitza, and you can't repeat shemonezreih, can you do Kerias Hatorah?
A. As mentioned in question 2771 above the reading of the Torah is similar to the repetition of the amida and requires a proper minyan. See Megila 23b that it is included in the mitzva of "Venikdashti Betoch Bnai Yisroel" (I will be sanctified amidst the Bnai Yisroel). Ran (ibid.) asserts that it is a decree of the Sages.
Horav Shlomo Miller's Shlit'a opinion is that it is akin to the repetition of the amida, since it involves a brachoa levatala (blessing said in vain), as opposed to kaddish and kedusha, and one should be more stringent.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a.
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Posted 7/27/2020 4:27 PM |
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# 2775 Good Fences Make Good Neighbors
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Q. (See questions 2771-74 above - regarding fences separating backyards for the purpose of having a minyan). How about if only some sections of the back yard are separated, but there are open spaces, as sometimes adjoining neighbors have when their children like to play together and they remove part of the fence. Can the two yards be counted as one to be able to repeat a full shemonezreih?
A. Horav Shlomo Miller's Shlit'a opinion as quoted by Horav Aharon Miller Shlit'a is that since we consider the chain link fence as a mechitza or partition for a minyan, the Halacha of an eruv would apply and if there is an opening in the fence larger than ten amos (approximately 14f. - 4.5m.) the separation between the properties would not count.
The above applies even if only the chain link material was removed but the horizontal as well as the vertical poles remain. They are not considered as a "tzuras hapesach" or a formed entry that would qualify it still as a mechitza for eruv purposes, since it was not placed for that purpose.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a.
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Posted 7/27/2020 3:46 PM |
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# 2774 Can't See the Minyan for the Trees?
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Q. (See questions 2771-73 above - regarding fences separating backyards for the purpose of having a minyan). How about tall trees, when their trunk is high and the branches with leaves are over the head of the people, do they separate the yards?
A. Horav Shlomo Miller's Shlit'a opinion as quoted by Horav Aharon Miller Shlit'a is that the above scenario does not constitute a separation, and people on both adjoining backyards divided by those trees are to be counted together for a minyan.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a.
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Posted 7/27/2020 3:39 PM |
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# 2773 Beat Around the Bushes
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Q. See questions 2771-72 above - regarding fences separating backyards for the purpose of having a minyan). How about if there is no fence at all just shrubs and bushes, do they count as a mechitza? How tall can they be?
A. Horav Shlomo Miller's Shlit'a opinion is that shrubs and bushes constitute a mechitza if they are ten tefachim high.
(Actually, as mentioned above they are more problematic since they are not see through. See also above the lenient opinion of the Mishna Berura).
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a.
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Posted 7/27/2020 3:29 PM |
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# 2772 Chain Reaction
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Q. You mentioned (See question 2771 above) that if the adjoining neighbors can see each other through a mechitza (partition or fence) such as a glass you can make a minyan only for reciting kaddish and davening a short shemonezreih, I have some questions.
Many neighbors have separating chain link fences fences, that one can see through them. do they have those same restrictions? Maybe since they would not be a proper mechitza for a shul or for sefarim in a marital bedroom maybe they don't count for separating a minyan?
If they do, how high can those chain link fences be to counted as a mechitza? Is a mechitza less than ten tefachim counted as such for separating a minyan?
A. As mentioned in the question above. Shulchan Aruch (O.H. 55:14), maintains that anyone who is visible, even if he is in a different domain, can be counted. As Beis Yosef quotes from Orchos Chaim, Rav Hai Gaon and the Rashbo. He adds it applies even if only some can see him. He compares it tof zimun when three people recite birchas hamazon after a meal (O. U. 195:1). However, Sheyorei Knesses HaGedolah, Hagaho'os on the Beis Yosef 6, maintains that according to the Shulchan Aruch, only if one brings his face into the space of the window he can he be counted. (See Kaf HaChaim 55: 70).
Mishnah Berurah (55: 52) rules in principle according to the lenient opinion, and therefore, one who davens in the women’s section, if his face is visible, is counted as part of the minyan. However, he writes that lechatchilah one should follow the stringent opinion, and enter the shul in order to complete the minyan.
Mishna Berura (55: 49) also quotes Pri Chodosh that if the mechitza stands only for tznius and modesty and not as a davening permitting partition, one behind it could be counted for minyan. One may reason that a chain link fence, since it is not a permitting screen, just a property divider, does not constitute a mechitza for minyan either.
Although one may also argue that a chain link fence is in principle not any worse than a glass mechitza. since one can see through it, Horav Aharon Miller Shlit'a quoted that Horav Shlomo Miller Shlit'a maintains that it does divide the minyan if it is ten tefachim high (approximately 1.m), for the purpose of reciting Chazaras Ha’shatz as mentioned above.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a
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Posted 7/27/2020 3:22 PM |
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# 2771 Window of Opportunity
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Q. We were short one for a minyan in our backyard. Since one neighbor was sick in bed, he approached the window were we could see him. If the widow is open, but it has a screen (for insect protection), could we count him for the minyan?
A. Shulchan Aruch (O.H. 55: 14) rules that one standing on the back-outside of a shul, and there is a window between them, even if it is several floors high and even if it is not wide four, and shows his face to them from there, he can be counted with them to the minyan of ten. Mishna Berura (52) maintains that on the onset one should try if possible to join completely the minyan. Kaf Hachaim (ibid. 76). asserts that a glass window is considered a mechitza or interposition, since it can so be used to separate from unclean materials, others disagree (Kol Hatorah p. 241).
Horav Shlomo Miller's Shlit'a opinion is that even if the window is closed as long as the ailing neighbor can be seen through the glass, he can be part of the minyan for reciting kaddish and a short amida as quoted on question 2638. namely: "Since in halacha a minyan of people on adjoining porches is unclear, one should not daven Chazaras Ha’shatz or kriyas Hatorah since it is a safek bracha l’vatalah. Therefore, this minyan should only be formed at mincha, with a short Shmonei Esrei in order to say kaddish and Kedusha.
One should also be careful that either everyone should see the Chazan, or the Chazan should be able to see everyone.
On question 2655 we mentioned that the Rov added permission to daven maariv also.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a.
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Posted 7/27/2020 12:51 PM |
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# 2770 Sweet Talk
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Q. During the production of maple syrup, the sap is boiled down to produce syrup, and often, certain (potentially non-Kosher) de-foaming agents are added. If boiled by a non-Jew, is there an issue of Bishul Akum in the production of maple syrup? Additionally, if a small amount (much less than 1/60th of the volume of syrup) of non-Kosher de-foaming agent is added by a non-Jew, would there be a concern of Bittul Issur Lechatchila, and should one avoid eating this syrup because of it?
Thank you!
A. Horav Shlomo Miller's Shlit'a opinion is that as far as Bishul Akum is concerned the maple syrup can usually be consumed raw and it is likely not an item commonly served at royal banquets.
Regarding the kashrus of additives, and if they are items that change the consistency and properties of the product and therefore do not become annulled, a reliable kashrus authority familiar with this particular brand and how it is produced should be consulted, since methods of production change from place to place.
COR’s Most Frequently Asked Questions mentions: "Maple Syrup and Maple Sugar should have kosher certification as anti-foams are commonly added and they might be packed with the same machinery as non-kosher products. "
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a
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Posted 7/27/2020 12:44 PM |
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Important Numbers
