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Have a question? Send it in! Questions are answered by Rabbi Bartfeld.
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# 1620 Nuts About Nuts
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Q. Flying a night flight towards New York from Eretz Yisroel on an El Al plane, probably most passengers are Jewish. A passenger boarded the plane and put his large stash of nuts in the pocket of the seat in front of him. In the morning, he is about to start noshing, when he realizes the passenger ahead of him slept the night on the plane, and had tilted his seat to the maximum.
Were the nuts considered under the sleeping Jewish man when he slept and should they be discarded? If they should not be eaten, may one plant them or feed them to animals?
A. Talmud (Pesachim 112a) and Shulchan Aruch Y.D. (116: 5) mention that food and liquids placed under the bed, ruach ro’oh or a harmful spirit will rest on them, even when covered, and therefore one should avoid placing them there. Pischei Teshuvos (ibid. 4) quotes Shvus Yaakov. that after the fact, they are permitted, others are stringent.
There are also other limitations to this proscription mentioned by various Poskim. Maggen Avraham quoted by Mishna Berura (173: 4) writes that the natural world has changed, and in our times these restrictions may not apply; Hagra and others remain strict. The Ran (Pesachim ibid.) mentions that this applies only to cooked food. Mizmor Ledavid (110) Yafe Lalev (3: 116: 6) maintain that it is restricted to food placed only on uncovered ground or earth, not on land covered by stones or wooden floors etc.. Therefore, Yabia Omer (Y.D. 1: 9, O.H. 9: 95) is lenient of food left on pockets, when one fell asleep. He suggest to wash them three times if possible. Shalmas Chaim (2: 7) adds that it applies only to a bed, therefore children’s bottles left under their carriage are permitted. Shevet Halevy (quoted in Avnei Yashfa 141) asserts that when double wrapped the food is permitted. (as in a bag placed inside a seat pocket). He also maintains that it may not apply to sleeping during the day.
Taking into account all the above and the fact that food placed on an angle in the back of a plane seat, can hardly be considered under, Horav Shlomo Miller’s Shlit’a opinion is that you can eat the nuts.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit’a
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Posted 2/11/2018 2:56 PM |
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# 1619 Oy or Joy to the Goy
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Q. (See question 1617 above) My second question, is that although the term, “goy” simply means a person of the nations, it seems to always be used in the pejorative. How can we be Or HaGoyim if we look down on the other nations? Can we not be proud of our rich heritage, culture, and traditions without speaking of others as somehow a little less than human?
A. A. The connotation that some or many individuals give to words they use, does not reflect at all what the Torah intended, or establishes to be correct.
The word or title “goy” or nation is commonly used in the Bible and by our Sages, equally for Gentiles and Jews, A few examples; “And I will make you (Abraham) into a great “goy”, and I will bless you” (Bereshis 12: 2), “to be a kingdom of priests and a holy “goy” (Shemos 19: 6), “He became a great, mighty, and numerous “goy”.” (Devarim 26: 4 and in the Pessach Hagadah), “Shomer “goy” kadosh” (Tachanun in siddur), to mention just a few.
Then again, you may argue that the same applies to the term “Jew” and the way it is used by some Gentiles.
See Shulchan Aruch (C.M. 34: 22) who rules that a righteous Gentile preempts and supersedes a Jewish wicked or apostate.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit’a
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Posted 2/9/2018 2:13 PM |
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# 1618 Two For One
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Q. I saw that the Sefer HaChinuch divides Mishpatim into two separate Sidrot, each with its own count of mitzvos. He calls the second one “Im Kesef”. Why?
A. In his introduction to Sefer Shemos, Abarbanel explains that Sefer Bereshis contains twelve parshios that describe the life and achievements of Adam, Noach, the Avos and Yosef and his brothers. Since Moshe Rabbenu is the equivalent of all of them, Sefer Shemos also contains twelve sidros. Since, as any Chumash will testify, we only maintain eleven parshios on Sefer Shemos, it must be that the Abarbanel also agrees with the Chinuch and Rabbenu Bechaye that divide Mishpotim into two distinct parshios.
Maharid (on the Chinuch – Mishpotim) further explains that the addition of Parshas Im Kesef was necessary to be able to read Parshas Metzora right before Pesach during a leap year. Thus complying with the remez or allusion to the siman “saggru upasschu” (close and open). Saggru being Metzora that requires confinement. Biur Halocho (428: 4) adds that Parshas Metzora contains the instruction of breaking earthenware utensils, similar to the kashering done before Pesach. (See also Orchos Chaim – Krias Hatorah 1, 3). Maharid adds, that reading Mishpotim as two parshios is still the tradition of the communities of Algiers and Tunis. See also a similar division at the end o Abudraham Hasholem (p. 374).
It is interesting to note that Machzor Vitri (at end, p. 808) mentions that Parshios Tetzave, Ki Tissa and Pekudei, on a leap year would also be divided into two, giving rise to fifteen parshios in Sefer Shemos. (Haeshel p. 27).
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit’a
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Posted 2/9/2018 2:03 PM |
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# 1617 Playing The Organ?
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Dear Rabbi,
Q. At a recent community event the issue of organ donation came up in discussion. A person who claimed to be knowledgeable in Halacha stated that Jews should not donate their organs since they would most likely end up going to a goy. What is the Halachic answer to organ donation? Are Gentiles somehow less than human? If so, why are we allowed to take their organs? Would we, as a community, not be outraged if a Gentile would be discouraged from being an organ donor because his/her organs could go to a Jew, and rightfully call it anti-Semitism?
A. Horav Shlomo Miller Shlit’a stressed that one of the main issues involved on organ donation is the prohibition of benefiting from a cadaver. (See Talmud Avoda-Zarah 29b). This proscription applies equally to Jewish or Gentile human remains. Most decrees of the Torah are overridden when a life can be saved. However, the recipient has to be already available and the life saving has to be a real and a factual possibility. Additionally, donating organs involves often the determination and ruling that the donor has already died and you are not actually killing him to harvest his organs. In determining the time of death, Halacha and civil law most often disagree. Again, it does not make any difference who the donor is. You cannot commit murder to save someones life. That is why a Torah observant individual cannot sign an organ donation document as it would likely place her/him in a situation where Halachically his/hers life can be terminated in order to obtain the needed organs. If you were to wait to what the Halacha accepts as the time of death, likely the organs would not be usable anymore. Body parts are also likely to be harvested for uses that not necessary save anyone's life immediately, such as skin grafts or medical school necessities for teaching and research. As mentioned above, you cannot desecrate a human body and benefit from it regardless of its race or religion.
If the recipient is Torah observant, the fact that the organs were already harvested by someone who follows civil law, regardless of whether the donor was Gentile or Jewish, since it is already after the fact and it is now actually saving his life, he/she is permitted to benefit from that organ.
As you see, it has little to do with the religion or race of the donor or recipient, other issues are at play.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit’a
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Posted 2/9/2018 10:15 AM |
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# 1616 Minor Details
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Q. Is it permitted to count a katan (6 or 7 years old) for a minyan if he is holding a sefer Torah? Is this a fulfillment of tefilla b'tzibbur? Or should I leave and go daven in a normal minyan with 10 or more adults?
A. Shulchan Aruch (O.H. 55: 4) rules stringently not to use a minor, however, Rema (ibid.) mentions that some are lenient in need. However, Mishna Berura (ibid. 24) quotes from many Achronim not to count a minor even when holding on to a sefer and in time of need.
Some Poskim are lenient in need or when there is concern that the minyan will close down, and under certain additional conditions. (Maharsham 3: 162, Igrois Moishe 2: 18, Chelkas Yoab 1: 93, Betzel Hachochma 4: 3, et. al.).
Horav Shlomo Miller’s Shlit’a is to follow the Mishna Berura and be stringent in all cases.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit’a
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Posted 2/9/2018 12:06 AM |
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# 1615 Bris Milah Or Bris Torah?
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Q. I learned that attending a bris milah is a great mitzvah that enables one to have all his sins forgiven, and it is a eis ratzon to daven when the baby is crying. Therefore, whenever I hear that there will be a bris, I make an effort to attend even if I have no relationship to the family that is making the bris. However, some people have told me that I should not go to random bris milas when I have no relationship to the family. In the opinion of Rav Miller shlita, am I doing a mitzvah by going to a bris milah, davening when the baby is crying, and partaking of the seudas mitzvah, or should I avoid going unless I have some relationship to the baal simcha?
A. When the bris takes place in a private hall or home one has to be obviously invited. The same applies on consuming food prepared for others.
Horav Shlomo Miller’s Shlit’a opinion is that as important as attending a bris mila ceremony may be, it does not preempt or surpass spending time learning Torah with a chavrussa.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit’a
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Posted 2/7/2018 11:34 PM |
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# 1614 Quick Study
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Q. Why does Rashi mention that we learn on “ushmartem es hamatzos,” that we should do a mitzvah immediately, we know that already from “vayashkem Avrohom baboker?”
A. On the posuk; Ushmartem es hamatzos,You shall watch over the matzos. (12; 17). Rashi quoting Mechilta mentions Rabbi Yoshia saying: Do not read: matzos rather read mitzvos. Just as we may not permit the matzos to become leavened, so may we not permit the commandments to become fermented [i.e., to wait too long before we perform them]. Therefore, if a mitzva comes into your hand, perform it immediately. Similarly, on the posuk (Bereshis 22: 3); Vayashkem Avrohom baboker. Avrohom arose early in the morning, we learn that zrizin makdimin lemitzvos; quickness and alacrity are esential. (Megila 20b)
It is quoted on the name of Moreinu Horav Moshe Feinstein zt’l that there are two kinds of mitzvos. Those who do not have a definite determined time for their observance, such as building a suka. The Rema (625: 1) mentions that it is a mitzva to begin making the suka immediately after Yom Kipur since; we do not permit the commandments to become fermented. However, mitzvos that have a set exact time to comply with them, such as bris-milah on the eight day or blowing shofar on Rosh Hashana, one should start at the very beginning of the day or time to comply with the mitzva. (Orach Hamoadim p. 535).
Horav Shlomo Miler’s Shlit’a opinion is that; zrizin makdimin lemitzvos applies to the mitzva before one begins complying with it, while Ushmartem es hamatzos or not allowing the commandments to become fermented, applies at the time when one is already performing the mitzva.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit’a.
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Posted 2/7/2018 3:06 PM |
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# 1613 Sing Along?
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Q. (Re question 1590 in regards to the song Leshana Haba’ah Beyrushalaim Habenuya, where Horav Shlomo Miller Shlit’a mentioned that for someone already living in Yerushalaim, the correct nusach would be to add Beyirusholaim Habenuyah).
However, If "HaBenuyah" should be added by someone at his Seder shel Pesach if he is living in Yerusholayim, should the Nusach in Ho Lachmo Anyo of "Leshana Habaa B'Ar'o D'Yisroel" also be changed and to what?
A. Some explain (Zecher Lev Avrohom p. 249) that the title Ar’o DeYisroel properly applies only when the Bais Hamikdosh is rebuilt and the land is kept on it’s correct level of kedusha. Similarly, all including those already living in Eretz Yisroel, daven daily (Ahava Rava); Vesolicheinu komemius leartzeinu and similar tefilos.
Others maintain that the end sentence of this paragraph, Leshono havoo bnei chorin, enlightens that we are referring also to a spiritually liberated land. (Minchas Aviv 2). Siddur Abia Renonos (p. 43) presents the nusach on birchas hamozon: Horachamon Hu yolichenu meheiro komemius Beartzeinu.
Horav Shlomo Miller’s Shlit’a opinion is that the recitation of Ho Lachmo is part of a preset and established nusach or script of the Hagada that is maintained in its original form, as other parts of the Hagada are, and that is why it is recited in Aramaic. (See also different nuschaos on Ho or Keho Lachmo)
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit’a
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Posted 2/7/2018 12:40 AM |
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# 1612 The Neighborhood Good Flood
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Q. My son asked me how the animals which appear to be indigenous to Australia only (for example), arrived there after the flood? Were they there before the flood? Were they destroyed by the flood? Were there kangaroos on the tayva?
A. Whether all animals worldwide died during the Mabul may be open to discussion. Fish were not included in the decree of destruction by the Mabul as Rashi (7: 21) quotes from the Talmud, (Sanhedrin 108a), See question 1469 if Noach actually saved the fish.
Horav Shlomo Miller Shlit’a suggested that maybe animals in lands uninhabited by humans did not perish.
Another possibility is that most lands including Australia, were then joined as one single land mass. Maharitz Chiyois (Nidah 23a) teaches that the Mabul caused great geologic disturbances that created mountains and valleys where previously there were none. Bereishis Rabbah (28:3), Ramban (8:11) and others mention that the very foundations of the planet were affected during the flood.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit’a
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Posted 2/5/2018 12:23 PM |
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# 1611 Fate Worse Than Death?
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Q. Re- question 1561 where we wrote; “The Torah rules (Bereshis 9:5 ), “the blood of your own lives I will demand of you.” (Baba Kama 91b) and looses his part in Olam Habaah, therefore Shulchan Aruch (Y. D. 345: 1) rules that one who commits suicide in principle is denied the after-death honors and privileges of aveilus (mourning): No keria or rending of clothes and eulogies are offered for the deceased, and burial in the main section of the Jewish cemetery is normally not allowed.”
If the deceased is an uncontrite murderer, is there any difference in conduct towards the deceased? Or is a suicide worse than a murderer of others, and why?
A. The “uncontrite” murderer, we assume means incorrigible or one who did not do teshuva. In principle, as we mentioned; “Halacha considers suicide to be tantamount to murder.” In practice however, a murderer can repeat his sin many times as opposed to a suicide. More so, most often suicides are committed by individuals in a mentally unfit state. As we wrote; There are also many specific Halachos that define who in fact committed suicide and who did not, therefore, a competent Rabbi should be consulted.
Horav Shlomo Miller’s opinion is similar. However, the Rov added that from a different angle, a suicide can be seen as more severe, since we would consider someone murdering a close relative such as his father as more evil and heinous than killing a stranger.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit’a
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Posted 2/4/2018 4:36 PM |
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# 1610 Change Results
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Q. Do you say sheheyanu on new fruits that come from grafted trees or were genetically engineered?
A. Poskim disagree if one should recite sheheyanu on peiros murkovim or fruits from grafted trees. Kaf Hachaim Sofer (225: 26) maintains that since they were created by a prohibited act it is improper to bless Hashem with a brocho dedicated to joy. Sheilas Yavetz (63) disagrees. (However, everyone agrees that you make the normal brocho on fruits of trees). Rav Poalim (2: 36) maintains that out of doubt, one should not recite sheheyanu.
Ohr Letzion (2: 14) is of the opinion that on the fruits that grew from the original grafted tree, one should avoid reciting sheheyanu, however, if one was to take the seed from that fruit and replanted, on the new fruits one may bless, since no aveira was done directly on them. (See Shulchan Aruch Y.D. 295: 7).
Horav Shlomo Miller’s Shlit’a opinion is to avoid reciting sheheyanu. However, on genetically engineered fruits he maintains that sheheyanu can be recited, if one actually likes the fruit and derives pleasure from eating them.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit’a
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Posted 2/2/2018 1:06 AM |
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# 1609 Ring In The New?
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Q. Should one make an effort to say sheheyanu on new fruits on Tu Bishvat?
A. Some maintain that it is proper to consume a new fruit that you can recite sheheyanu over it on Tu Bishvat. (Beis Aharon, quoted by Nitei Gavriel – Purim 5: n. 9, et. al.). Others assert that one should avoid reciting sheheyanu today on “new” fruits, since they are usually available all year, and there is no special simcha or joy when eating them. There are additional issues as to if the brocho should be said when first seeing the fruit at purchase time, becoming exempt latter.
Horav Shlomo Miller’s Shlit’a opinion is that one should recite sheheyanu only if one actually likes the fruit and derives pleasure from eating it.
The Rov also mentioned that the order of the shivas haminim preempts the fruit on which we recite shecheyanu.
Rabbi Abraham Bartfeld as revised by Horav Shlomo Miller Shlit’a
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Posted 2/1/2018 10:12 PM |
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# 1608 The Labor of One’s Fruits
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Q. Why and when is it best to eat the fruits on T’u Bishvat, the night before or during the day? Before the seuda, during, or after the seuda? Should one encourage making a seuda for chinuch of children?
A. The tradition to eat fruits on Tu Bishvat is not very ancient. It is first mentioned on Tikun Isoschor, and it goes back only to the times of the Bais Yosef. Mogen Arohom (131: 16) does mention it.
It is strongly upheld by the Sephardi communities, and followers of the traditions of the Arizal. who observe it as a very saintly and special day and consider the minhogim as a great and important avoda or holy labor.
Followers of the Arizal also eat a minimum of 12 to 15 fruits (Maharam Hagiz). Some maintain that 30 different fruits should be consumed. (Even Yisroel p. 28). Others opine that one should try all fruits available at that location. (Mekor Chaim 684).
Bnei Yissochor writes that our sources refer to Tu B’Shevat as the "New Year of the Tree", (Mishna Rosh Hashana 2a) in the singular. This implies that while Tu Bishvat is the New Year of all trees, we are to concentrate on one tree in particular, the one that provides the esrog for Sukos. There is a tradition, to pray on this day to have the privilege of acquiring a beautiful esrog. There is also a minhag to preserve the esrog in jam or to create a liquor from it, and to eat it or drink it on Tu Bishvat. Chasidim and Kabbalists also prepare a seuda, a “tish” or a sort of "Seder Night" on Tu Bishvat, over four cups of wine, light candles and have a seder plate with different types of fruits. (See question 453 in regards to fruits from Eretz Yisroel, see also Nitei Gavriel 4: 2; n. 4).
On question 1256 in regards to when to to eat the fruits, we wrote; Poskim mention to eat them at the end of the seuda (Ohr Zarua 2: 21, Darchei Moshe O.H. 149: 4, Magen Avrohom, Biur Halacha ibid. Nitei Gavriel – Purim 9: 2) so they are included in Birchas Hamazon (Tosafos Brochos 41b) and when it is Shabbos to avoid spoiling the appetite for the Shabbos meal.
When in Shabbos, Horav Shlomo Miller’s Shlit’a opinion is that if one has young children and is concerned that they will not be awake at the end of the seuda, he may eat them after hamotzi.
Horav Shlomo Miller’s Shlit’a opinion is that one should maintain the minhogim and traditions of his family or the community he belongs.
Rabbi Abraham Bartfeld as revised by Horav Shlomo Miller Shlit’a
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Posted 2/1/2018 2:42 PM |
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# 1607 Hold Fast
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Q. Do chassan/kallah fast on T’u Bishvat? (the wedding is the night after).
A. Horav Shlomo Miller Shlit’a pointed out to Mishna Berura (573: 7) quoting Magen Avrohom , that they should not fast on Tu Bishvat. However they should avoid drinking any liquor during the seudos of Tu Bishvat.
Rabbi Abraham Bartfeld as revised by Horav Shlomo Miller Shlit’a
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Posted 2/1/2018 2:13 PM |
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# 1606 Heaven On Earth
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Q. What is the source for saying Parshas Haman on the third day of the week of Beshalach? Is this an accepted segula for parnassa that one should follow?
A. The Tur and Beis Yosef (O.H. 301), as well as the Mishna Berura (1: 13) mention that it is a segula (remedy and protection)for parnassa, support and livelihood, to recite the Parshas Hamon every day. Perisha and Mishna Berura quote the Yerushalmi Brochos that maintains that one who reads Parshas Hamon every day, is assured that his sustenance will not be diminished. The reason is to inculcate the belief that parnassa is Heavenly given, and just like by the omer of mon, working harder and collecting more, did not contribute to a greater degree of sustain or wealth. They also mention that it could be recited on Shabbos.
Yalkut Menachem quotes that Rebbe Menachem Mendel of Rimanov zt”l asserted that it is a Segulah for Parnassah to recite Parshas Hamon on the Tuesday of Parshas Beshalach. (See Nitei Gavriel – Purim 1: 3). This minhag has become recently, due to social media communication, more popular.
Horav Shlomo Miller Shlit’a opinion is that one should follow the Tur and Poskim mentioned and his family minhogim. When recited on Shabbos, one should not add the accompanying tefilos for parnosso said during the week.
Rabbi Abraham Bartfeld as advised by Horav Shlomo Miller Shlit’a
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Posted 2/1/2018 12:34 AM |
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# 1605 The Rights Of The Left
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Q. My young son is left-handed, with which hand should I teach him to lift the becher to make kiddush?
A. Shulchan Aruch (O.H. 183: 5) rules that a left-handed individual holds the koss of birchas hamozon in his dominant left hand. However, Magen Avrohom (ibid. 9) questions that the Mechaver contradicts himself since in regards to a lulav (O.H. 651) he behaves as the rest of the people and holds the esrog in his dominant left.
A number of explanations are given, (Ohr Letzion (2: 20) maintains that there is a difference between blessings on mitzvos, on which it is important to honor the mitzva, therefore the left-handed relinquishes his nature and behaves as everyone else. When reciting birchas hanehenin, that by definition are a recognition and a declaration of thanks for a pleasure one enjoys, he uses the left hand since he is most comfortable with it.
Imrei Shem (10: 5; p. 126) asserts that for all purposes, the ruling on lulav is main. The reason why birchaz hamozon is different is simply to avoid spilling the wine, especially when reciting a lengthy brocho, as bentching is.
Horav Shlomo Miller’s Shlit’a opinion is the you should teach the lefty youngster to use for kiddush and bentching his dominant left hand as the Remo and Mishna Berura (ibid.) rule.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit’a
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Posted 1/27/2018 12:29 PM |
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# 1604 Taking Forever?
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Q. A bris milah is a seudas mitzvah. Does this apply even if one is not able to stay for the seuda, but takes food and eats it on his way to work, or saves it for lunch or supper? The naf kamina (difference) would be during 9 Days - if one took food from a bris, which was meaty, can he eat it on his way to work (no longer at the location of the bris)? Or if one made a vow to eat bread only by a seudas mitzvah, can he take bread from the bris and eat it later on in the day, or only at the location of the bris? There are many people who take food from a bris, whether to eat on the way to work or to give to others.
A. Horav Shlomo Miller’s Shlit”a opinion is that a seudas mitzva is basically considered as such, only in the place designated for the seuda to take place. Nonetheless, there is still an inyan and spiritual benefit to share and partake with others the remnants of that seuda, when permission is granted to take with the remnants.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit’a
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Posted 1/26/2018 3:52 AM |
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# 1603 The Rise of the Rice
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Q. Is there a problem wetting and using rice paper on Shabbat? I'm not sure I totally understand how it works, but it is unusable in its packaged state until it is soaked in water. It transforms from a brittle paper to a malleable sheet that can be rolled. It is totally unusable in its dry form, as far as I can tell. I feel like it could be Makeh BiPatish, even though it is has previously been wet and then dried. Thanks
A. The ingredients of edible rice paper are white rice flour, salt, and water, although tapioca flour and other ingredients may be added. The mixture is then placed on a heated flat surface; dried and turned into translucent round or square sheets. It is usually sold in packages of dried thin, crisp, translucent sheets, wrapped in cellophane or plastic bags.
The sheets are dipped briefly in hot water to soften them, then wrapped around a different choice of fillings, turning them into fresh summer rolls (salad rolls) or fried spring rolls, similar also to wraps or tacos. The wrapping paper is consumed.
Shulchan Aruch (O.H. 318: 4) rules to prohibit washing in hot water certain kind of fish that requires minimal soaking to make it ready, because of bishul prohibition. Similarly, Mishna Berura (ibid. 37) and Biur Halocho (ad loc) maintain that there is no prohibition of tikun keli or makke bepatish on foods when prepared with cold water.
Horav Shlomo Miller’s Shlit’a opinion is that although there are opinions that maintain there is tikun keli on foods, the Halacha follows the Mishna Berura, specially on end-changes that could be reversible. Therefore, there is no problem on wetting with cold water rice paper and preparing it to be used in Shabbos.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit’a
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Posted 1/25/2018 2:36 PM |
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# 1602 The Benefit Of The Doubt
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Q. If one has a doubt if he davened on Shabbos, or if his davening was done correctly or for whatever reason may have been done incorrectly, can he eat? There is no solution to say a voluntary prayer on Shabbos.
A. Horav Shlomo Miller Shlit’a suggested he should ask the shaliach tzibur to have him in mind during the amida repetition and comply by listening to it. The Rov stressed, that the prohibition to eat before davening applies only if one has to daven. When one is exempt, as in our case when out of doubt one is exempt of praying, one is permitted to eat the seuda of Shabbos.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit’a
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Posted 1/25/2018 3:44 AM |
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# 1601 Shake Someone’s Tree
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Q. There is a bachur who placed his hat and jacket on a tree during Shabbos (or before Shabbos). Is there any heter to remove it from the tree on Shabbos to avoid the great embarrassment of davening without the proper attire that is worn by all bnei Torah when they stand before Hashem in prayer, and the embarrassment of appearing without the proper attire in front of great rabbis who are visiting the yeshiva's camp? Kavod habriyos pushes aside a rabbinical restriction. Let us assume that it is not possible to borrow, or he is embarrassed. To note that if there would be a shofar on the tree on Rosh Hashanah, one could not remove it even though he will neglect a positive commandment of the Almighty, but perhaps this case is different.
A. Shulchan Aruch (O.H. 336: 13) and Mishna Berura (ibid. 59) rule that it is prohibited to hang or place anything on a tree on Shabbos. Our sages also prohibited using an item hanging or leaning on a tree, or placing articles on a branch as an extension of the prohibition.
Horav Shlomo Miller Shlit’a suggested to ask a Gentile, if available to remove the jacket from the tree, thus creating a shevus de-shevus or a double rabbinical prohibition permitted in need or for oneg Shabbos. (See question 753). It could similarly be removed while still ben-hashmoshos or twilight, before the beginning of Shabbos.
However, the Rov maintains that one may not remove the jacket even with a proper shinui, such as using the elbows or one’s shoulders, since the issue involved is not only a muktzeh prohibition, but also a g’zeirah for avoiding cutting parts of the tree if one would be permitted to use it.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit’a
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Posted 1/24/2018 5:04 AM |
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Important Numbers
