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# 2167 A Lonely Early Count?
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Q. Is it better to count sefira by oneself soon after the zeman begins to do zerizin makdimin and temimos, or wait until one davens maariv with a minyan later on?
A. Beer Heitev (489: 2), Chok Yaakov (ibid, 16), Chayei Adam (: 17), quotes from Sh'loh (P'sochim 3b) that on the onset, like other mitzvos, one should count sefirah "berov am" with the many, together with the tzibur. Additionally, this echoes the harvesting of the omer, that was also done very publicly and with the attendance of many.
However, Mishna Berura (489: 2) mentions to count early in the beginning of the (first) night, in order to comply with temimos or counting complete weeks requirement. Delaying for later would be a 'less full' counting and it applies also to the rest of the nights (Siddur Yaavetz, Shulchan Aruch Horav ibid. 3), Others also quote that the principle of "zerizin makdimin" or complying with a mitzva the earliest possible. (Mor Uketzia ibid.)
Nevertheless, Poskim (Minchas Yitzchok (9: 56; 2), Igrois Moshe (4: 99), Shevet Halevy 6: 53 and others), write that if one usually davens at a later ma'ariv minyan, one should count sefira at that time together with the tzibur. Three reasons are quoted. As already mentioned, the benefit of complying together with the many. The fact that m'aariv and k'rias shema are more common and usual mitzvos (todir) and therefore they preempt sefira. And the reality that since sefira is not that common, one may come to forget and neglect it.
Horav Shlomo Miller's Shlit'a opinion is similar.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 5/10/2019 2:44 PM |
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# 2166 Pay The Consequences
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Q. In the case where one knocked down a chametz bottle in a (liquor) store, (see question 2156), and the management is demanding that one pay for it, what should he do?
If the management (short of help) offers that if he helps in the cleanup he will be exempt of pay, can he accept?
A. Horav Shlomo Miller's Shlit'a opinion is that if the store charges for negligence in braking the chometz bottle (see question 2156), it should be paid even during Chol Hamoed Pesach.
However, he cannot accept to help in the cleanup of the broken chometz, as he will benefiting from the work done on chometz.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 5/10/2019 2:25 PM |
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# 2165 No Partisan to the Simcha of Nisan?
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Q. I'm a yeshiva bochur and my parents asked me and my siblings to attend with them and my Holocaust surviving grandmother to a Yom Hashoah act, that takes place in Chodesh Nisan. I know it is very important to them. Should I go?
A. Horav Shlomo Miller's Shlit'a opinion is that if your attendance is indeed of great importance to your parents and they will be pained if you don't attend, it is permitted, even during the joyful month of Nisan, when Halacha dictates that avelus, acts of grief and mourning should be avoided.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 5/10/2019 2:12 PM |
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# 2164 In Some Measure...
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Q. Shulchan Aruch 505, 4, says that on Yom-Tov one may measure spices when he is cooking in order not to over-spice the food. Would this also apply on Shabbos if someone is making something like salad dressing which is permitted to make on Shabbos, may he also measure the spices in order not to over spice the food?
A. Piskei Teshuvos (606: 2) mentions that in our days it is uncommon and unnecessary to measure salt and spices with professional or analytical measuring instruments when home cooking and it is a longstanding custom to evaluate by simple visual assessment, therefore, these instruments should not be used even on Yom Tov. However he adds, that common spoons and cups, that are not primarily made for measuring, are permitted. So are baby bottles and cups that have measurement lines, but are not used primarily for measuring.
Horav Shlomo Miller's Shlit'a opinion is that so are baby bottles and cups that have measurement lines, but are not used primarily for measuring. The Rov added that the same would apply on Shabbos.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 5/10/2019 1:56 PM |
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# 2162 Selling Point II
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Q. I assume the answer (on question 2138 that "dry flour that did not come in contact with water Poskim are lenient" and permit its inclusion in the chometz sale). is referring specifically to flour of which the grains were moistened or washed before grinding, because if the flour was ground from grains which were always dry, it shouldn't even be a leniency.
A. The above refers to the common unsupervised flour readily and ordinarily available in the market place. Although sold as always being dry, those source grains could have been made wet after harvesting by the rain in the field, or the condensation, leaking, washing etc. during storage and grinding. Therefore, the leniency for sale is required.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 5/10/2019 1:36 PM |
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# 2161 An Answer of No Answer
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Q. What is one to do when taking a multiple-choice test and the answer that the test maker wants is kefira? May one fill out the bubble on the check-box corresponding to that answer even though it is kefira? There is no way to make comments on the check-box because the computer will not accept it.
A. Horav Shlomo Miller's Shlit'a opinion is that in principle one should avoid taking part in a course, class, lecture or test that involves kefira and heresy.
Rabbi a. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 5/8/2019 2:53 PM |
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# 2160 An Early Education
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Q. My son is of the age of chinuch, can he count sefirah with a brocho before the zeman, since his bed time is before the zeman?
A. Shaarei Teshuva (489: 20) writes that a minor who has reached the age when he can understand what sefira is, should count and recite a brocho.
Mibeis Levy (p. 84) and others mention that he should not count with a brocho before the zeman.
Yad Besfiras Haomer (23: p. 51: n. 2) quoting Horav N. Karelitz Shlit'a mentions that if the minor goes to sleep before the zeman, he should rather count during the day without a brocho.
Horav Shlomo Miller's Shlit'a opinion is that it means he should count the next day in the morning without a brocho.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 5/3/2019 7:21 PM |
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# 2159 Clean-Up Operation
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Q. Can an elderly patient wearing a diaper put on tefilin when he is wet?
A. On a similar question (442), regarding a patient hospitalized and wearing diapers, if he is allowed to listen to Torah tapes or Jewish music we wrote: "Mishna Berura (78: 3) rules that if a dry outer garment covers the urine damp inner clothing, one is permitted to read the sh’ma and recite tefilos. Certainly one is allowed to listen to Torah tapes and music that contains pesukim. Nevertheless, at the time the patient is urinating he should stop his prayers or learning.
However the above does not apply to feces even if they are covered, as they are not absorbed by the diaper, (O.H. 76: 5, Mishna Berura 18), therefore the patient would have to be cleaned properly before praying.
Horav Shlomo Miller’s Shlit”a opinion is that when visiting the ailing and praying in front of them or talking divrei Torah to them, you do not have to be concerned perhaps they soiled themselves, unless there is a prevalent odor."
In regards to donning Tefilin the Rov maintains that greater care should be taken to ensure that no feces are present, and the patient should wear them immediately after being cleaned and changed and preferable only for a short time.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 5/3/2019 2:01 PM |
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# 2158 Fall Short - Short Out
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Q. If someone davens maariv in a minyan that is too fast, and he can't say the complete "Baruch Hashem Leolam" before beginning the amida betzibur, should he omit some or all of the psukim and just continue with the bracha of Yiru Einenu at the end? Or should he omit the complete addition that in other nuschaot is also excluded?
A. Horav Shlomo Miller's Shlit'a opinion is that the added section of "Baruch Hashem Leolam" before beginning the amida, has to be said complete or not at all. If one will not be able to begin the amida together with the tzibur, it should be totally omitted.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 5/3/2019 1:49 PM |
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# 2157 Singing to Sleep?
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Q. As our children grew up we spend now a long time saying divrei Torah at the seder table, something we all greatly enjoy. We do finish the seder very late, sometimes after 4.00 am. How important is to say Shir Hashirim then, when we are so exhausted? It is a minhag in the family from generations to say it, but is it meakev if you just don't have any kavanah? How about Hatoras Nedorim?
A. Horav Shlomo Miller's Shlit'a opinion is that if the wording will not be said properly and it will be recited without intention, as when being exhausted and half a sleep, it is preferable to omit.
In regards to hataras nedorim the Rov's opinion is that it may not be needed, since one may prepare better for next year and be able to recite Shir Hashirim properly. Besides, one may also rely on the hatoras nedorim of Erev Rosh Hashono or Yom Kippur declarations.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 5/3/2019 1:37 PM |
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# 2156 Why? Rye? Goodbye!
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Q. One who is in a liquor store on Pesach (for buying needed kosher wine, he was trying to get to the kosher wine by pushing with the back of his hand and arm the chometz bottle) and accidentally knocked over a bottle of whiskey, may he catch it midair or does he need to let it fall and spill, as otherwise he will be handling chometz (see question above) or he may be transgressing on "Rotze Bekiyumo" since "he desires its existence"?
Would that apply even if the bottle is expensive, since liquor is only a distillate and not entirely chametz gamur?
A. In question 1308 regarding being in a store on Chol Hamoed and being asked by another customer to pass her the bagels on the top shelf because she can't reach, and in question 63 in regards to a nurse serving during Chol-Hamoed Pesach meals that contain chometz to non-Jewish patients and in on question 65 in regards to a Jewish patient transferring a tray of chometz food to another non-Jewish patient, laying in the next bed, during Pesach, we wrote; Horav Shlomo Miller's Shlit”a opinion is that it is prohibited, as the customer or the non-Jewish patient will remain grateful for the favor done, and that constitutes a prohibited benefit of chometz. He may also transgress in the desire of the existence and being (Roitze Bekiyumoi) of this particular chometz, since he will be careful not to tip the tray and spill the food. (See Also O.H. 450, –Igros Moishe C.M. 4, Yesodei Yeshurun 6, p. 207, Chashukei Chemed, Pesochim p. 190, Teshuvos Vehanhogos O.H. 299).
In this particular question, although there may be some grounds to be lenient if he is able to catch the bottle or stop it from falling with a shinui or in an uncommon way, Horav Shlomo Miller's Shlit'a opinion is to be stringent.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 5/3/2019 1:09 PM |
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# 2155 Don't Touch the Merchandise
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Q. If one goes to buy needed kosher wine to a liquor store that sells both kosher and non kosher wines during Chol Hamoed Pesach, is he allowed to to remove some chometz liquor bottles, in order to reach the desired kosher bottle?
A. Shulchan Aruch (O.H. 446: 3) rules that if the chometz of a Gentile entered one's property it should be pushed away with a stick and not be touched with the hands, even on Chol Hamoed. Mishna Berura (ibid. 9 - 10) adds and explains that he should avoid touching it with his hands, so he may not come to consume it.
Poskim seem to disagree if he is allowed to tell a Gentile to bring him the kosher bottle. (See Mishna Berura ibid. 7). Horav Shlomo Miller's Shlit'a opinion is that he may ask the Gentile to bring him the kosher wine.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 5/3/2019 1:05 PM |
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# 2154 Read the Right Part
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Q. This week in Eretz Yisroel we read Parshas Kedoshim and in America Parshas Acharei Mos. What is my chiyuv of shnaim mikra when I'm in America?
A. Horav Shlomo Miller's Shlit'a opinion is that if you are planing to return to Eretz Yisroel, you should do shnaim mikro as you would in Eretz Yisroel.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 5/2/2019 4:49 PM |
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# 2153 Sanctification not Education
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Q. (See question 2151) If one does perform a mitzvah by just sitting in a shul or beis medresh, would it be commendable to hold a lecture on health issues or other community needed or educational topics inside them?
A. Bnei Tzion (151: 11) quoting Talmud (Shabbos150a) maintains that it is permitted to assemble in a shul in order to deal with the communal needs.
S'ridei Eish (12) further allows in need, to use a shul for lectures that involve health, welfare and similar issues that are for the benefit of the congregation.
However, Horav Shlomo Miller's Shlit'a opinion is that it is better to abstain from delivering those lectures in the shul or bais hamedresh itself, since it lowers and derides the sanctity of a place dedicated to Torah and tefilah.
Preferably an adjacent area should be used.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 5/2/2019 4:16 PM |
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# 2152 No Sleeping in Shul
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Q. If one does comply with a mitzva by just sitting in a shul or beis medrash, if one gets tired during learning and needs to stop, should he better remain in the beis medrash (rather than start walking around, talking a walk, etc.)? Should one stay and comply with this mitzvah when he puts his head down, etc. on a shtender, or falls asleep on a chair?
A. Shulchan Aruch (O.H. 151: 2-3) permits sleeping in a beis hameresh and in need even in a shul, Mishna Berura (ibid. 16) quoting R'A Eiger debates the permissiveness, but concludes that for a Talmid Chacham who constantly learns there, even a night sleep is acceptable.
Kinyan Torah (4: 15) quoting Divrei Chaim mentions that there is added leniency in Chassidik shuls that were established with specific tolerant conditions and therefore referred to as a "shtivel" or a room.
However, Horav Shlomo Miller's Shlit'a opinion is that it is better, for the kavod and honor of the beis hamedresh to exit to another room and sleep there even temporarily, when possible.
Walking around the place may also be disturbing to others learning.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 5/2/2019 4:09 PM |
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# 2151 Just a Sitting Mitzvah?
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Q. Does one perform a mitzvah simply by sitting in a shul or beis medrash, even when not davening or learning Torah? What would that mitzvah be?
Shulchan Aruch (O.H. 151: 1) rules in regards to entering a shul or a beis hamedresh to call someone, that he should first sit some time, since staying in them is a mitzva, as it is written; "Ashrei yoshvei beisecha." We indeed recite thrice a day the Psalm (145) of Ashrei yoshvei beisecha, often translated as praiseworthy are the dwellers of your house. We also thank Hashem after finishing learning and after ending a volume of Talmud; "Samta chelkeinu miyoshvei beis hamedresh" for having given us the opportunity of being from the ones that stay or reside in a beis hamedresh.
A House of Study also offers spiritual protection from the surrounding dangers of the libertine streets.
(See Suka 52b)
On Pirkei Avos (5: 17) we mention: There are four types among those who attend the house of study:
He who goes and does not study–he has the reward of his going. It would seem that just attending is a rewarded mitzva.
Horav Shlomo Miller Shlit'a explained that the reason the one who does not study is rewarded, is due to the kavod and honor he bestows on the Torah being learned in the beis hamedresh.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 5/2/2019 4:04 PM |
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# 2150 Can Hold One's Drink
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Q. What should an elderly person do to be yotze with the four cups in the Pesach seder, if she can't have any wine or even diluted grape juice?
A. Horav Shlomo Miller's Shlit'a opinion is that in case of need one may drink four cups of common hot tea (not iced tea), since one may comply in need, using chamar medina, which is defined as a beverage worthy of being served to guests. It is also a beverage that one drinks simply to enjoy its taste, even when one is not thirsty. (Mishna Berura 472: 37; Igros Moshe, O. H. 2: 75).
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit'a.
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Posted 4/25/2019 4:33 PM |
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# 2149 Man Does Not Live by One Bread Alone?
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Q. If one eats a seuda on Chol Hamoed (See question 2147 above), does one need lechem mishna (two matzos) as in Yom Tov?
A. Kaf Hachaim (ibid.) does quote an opinion that on Chol Hamoed as in Rosh Chodesh it is commendable to place lechem mishne on the table. Not as an obligation, but just to show that it is different than a weekday.
Ribabos Efraim (O.H. 352) quotes Sefer Hatodoa (2: p. 224) that lechem mishna should be used in Chol Hamoed and also one should light candles as we do in Yom Tov. He explains that the Sefer Hatodoa may be following the opinion of HaGra and others that one complies with the mitzva of matza with every kezais one eats during Pesach. (See questions 2122-23, 2136).
However, the common minhag is not to place lechem mishna.
Rabbi A. Bartfeld
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Posted 4/25/2019 12:50 PM |
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# 2148 Will a Meal?
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Q. Is there a mitzva during Chol Hamoed to eat meat and drink wine as there is in Yom Tov?
A. (See question 2146 above) Piskei Teshuvos (530: 5: n. 63-64) quotes Horav M. Feinstein zt'l and Horav Eliashuv zt'l that although there is no obligation, there is on the onset a mitzva to honor Chol Hamoed at least once a day, by eating meat and drinking wine, in order to create simcha and joy.
However, Poskim mention that this mitzva, even on Yom Tov applies only to the ones that actually enjoy it. (See question 1719).
Rabbi A. Bartfeld
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Posted 4/24/2019 6:00 PM |
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# 2147 Favor the Festival Feast
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Q. On Chol Hamoed does one have to eat a seuda (Yom Tov meal) or two every day, eating matza too?
A. Mishna Berura (529: 16) quotes Rambam that one is obliged on the mitzva of simcha during Chol Hamoed as he is during Yom Tov. However in regard to kavod and oneg, honoring and experiencing pleasure there is no obligatory mitzva.
Mishna Berura (530: 1) rules that although there is no compulsion to eat a seuda with bread or matza, there is a mitzva to do so at day and at night.
See Aruch Hashulchan (249: 7) Chut Shoni (7: 1) and Shemiras Shabbos K' (42: n. 103) regarding a Chol Hamoed seuda on Erev Shabbos.
Shulchan Aruch (O.H. 188: 7) and Mishna Berura (ibid. 27) rule that since there is no compulsory mitzva to eat a seuda on Chol Hamoed, one does not have to repeat Birchas Hamazon if one forgot to recite yaale veyavo.
Rabbi A. Bartfeld
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Posted 4/24/2019 5:35 PM |
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Important Numbers
