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Have a question? Send it in! Questions are answered by Rabbi Bartfeld.
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# 1488 ID Or No ID
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Q. Is a father of a newborn baby allowed to wear the hospital ID on the bracelet in a place where there is no eiruv? Is it similiar to the case of a prisoner wearing chains in 301:19 or similiar to the case of green circle in 301:23 which one is permitted to wear outside? Or perhaps similar to what Rav Moshe writes in Orach chaim 1:111 about watches that anything that is worn on the guf is called a malbish and one is permitted to go out with? During the time the baby is in the hospital, the father wears it the entire time even during sleep. Or perhaps is it similar to a moch dochuk which assur to wear outside? Thanks in advance.
A. Although, Igrois Moshe (O. H. 1: 111), ruled that in principle one is permitted to carry a watch on Shabbos because it is considered an article of clothing, and is similar to a ring with a signet, however, many Poskim disagree and the minhag today is to be stringent. (Chelkas Yaakov 2: 97 et. al. See also Igros Moshe Y.D. 2: 47 on moch dochuk). Shemiras Shabbos Kehilchoso (40: 32) maintains that one should not wear an ID bracelet where there is no eruv.
However, Chashukei Chemed (Shabbos 52b) in regards to hospital ID bands rules that in need, one may rely on the Igrois Moshe, especially when we dealing with a karmelis.
Horav Shlomo Miller’s Shlit’a opinion is similar to be lenient in need, when the ID band will remain on the hand of the father, until the discharge of the baby. The Rov does distinguish between a watch, where the item carried has an ongoing operative working purpose of functioning and showing the changing time, it could stop working and thus become a maso, as opposed to the ID bracelet, that just serves by being there, and thus maintains its malbush status.
(See also question 1412, in regards to wearing a red string on the street on Shabbos)
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 11/3/2017 3:04 PM |
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# 1487 Don’t Be In Such A Rosh!
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Q. A Yeshiva Bochur accidentally dropped his Tefilah Shel Rosh (out of the plastic box etc.). What is the proper Hanhaga nowadays, as he presumably would not be able to fast whilst adhering to his regular Sedarim in Yeshiva?
A. Mishna Berura (40: 3) writes that the custom is for one who’s tefilin fell on the ground to fast, when not in their bag or protective box.
Chaim Shoal (1: 12), maintains that the aged or ill, can redeem the fast with donating tzedaka. He also mentions that the ones dedicated to learning Torah, when the fast will affect their learning, should rather keep a taanis dibur (restrain from speaking non- Torah conversations) for a day. Others, recommend learning additional time, while some assert that fasting only half a day would suffice.
Divrei Chaim (end of v. 2) explains that when donating tzedaka, it is at least the value of the food he would have saved had he fasted.
Horav Shlomo Miller’s Shlit’a opinion is that a Yeshiva Bochur who has difficulty fasting while maintaining his learning schedule, should only fast half a day and eat before aalos hashachar (daybreak), and also give tzedaka.
If that would still affect his learning, he should redeem the fast with tzedaka. The Rov added that he should also change his ways when handling tefilin, adding especial care, to prevent them from falling in the future.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 11/3/2017 2:51 PM |
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# 1486 Safer Sefer
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Q. If one sees a sefer lying on the ground, but one's hands are unclean (whether from food or for some other reason), what should one do? On the one hand, one cannot pick up the sefer with dirty hands. On the other hand, one may not let the sefer lie on the floor while one goes to wash his hands.
A. Horav Shlomo Miller’s Shlit”a opinion is that he should clean his hands with a tissue. If he does not have one available he should use the lower corner of his shirt or similar covered clothing, to wipe clean his hands.
One should avoid touching a sefer after exiting a bathroom or cutting hair or nails etc., even if the hands are not physically dirty, he should wash his hands first, unless the sefer is lying on the ground.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 11/3/2017 2:45 PM |
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# 1485 Shick Or Treat?
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Q. We have some Modern Orthodox neighbors that let their kids join the others in the block (many Jewish) and go around collecting candies on Halloween, is that permitted? Should we advise them not to do it? Can we give children that ring our bell candies?
A. Halloween is a shortening of All Hallows' Evening, also known as Allhalloween, or All Saints' Eve, is a festivity observed in a number of countries on 31 October, the eve of the Western Christian feast of All Hallows' Day. It begins the three-day observance dedicated to remembering the dead, including saints (hallows), martyrs, and all the faithful departed.
It is widely believed that many Halloween traditions originated from ancient pagan Celtic harvest festivals, particularly the Gaelic festival Samhain, and was Christianized as Halloween by the early Church. Today's Halloween customs, are a combination of Celtic, Roman and Christian holidays. In essence, Halloween is not a secular holiday.
Halacha prohibits celebrating gentile holidays. (Remah Y.D. 178: 1). Even though some gentile holidays today may not considered idol worship, the law which commands us not to behave in the customs and manners of the gentiles, still applies.
Therefore, Horav Shlomo Miller’s Shlit’a opinion is to refrain from letting children join others on their Halloween traditions. However, if there is an issue of chilul Hashem, the Rov maintains that you may give candies to the children that visit you.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 10/31/2017 9:24 PM |
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# 1484 Mind Your Own Busyness?
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Q. I have seen my very busy neighbor arrive home by car past candle lighting time is it permitted to drive at this time, if so until when may one drive after candle lighting time?
Similar question: Do I have to tell my neighbor that he is driving late Erev Shabbath close to sunset and he is giving a bad example and making a chilul Hashem? Or should I ignore, since I may get into a fight and eventually not solve anything, just creating a machloketh? What is best and right?
A. Igrois Moshe (O,H. 1: 96) explains that men do not automatically accept Shabbos at candle lighting time; usually there is still eighteen minutes between that time and sunset. Since this is a well known fact, there is no prohibition of maaras ayin or concern that others may think one is desecrating Shabbos.
Horav Shlomo Miller’s Shlit’a opinion is that you have to deduct about two minutes from the time of the shekiah, since the times are not necessarily exact to the minute. Also some time should be left for complying with the mitzva of Tosefes Shabbos adding a few more minutes.
That is not to say that it is proper or advisable to travel or do melochos so close to Shabbos, but it is not prohibited.
It is better to have the Rabbi of the shul the neighbor attends deal with the issue, to avoid ending in an unnecessary machlokes. (See also question 1452).
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 10/29/2017 7:48 PM |
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# 1483 Flip The Cohen?
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Q. (This Shailah was supposedly already asked to the Rosh Kollel, but I would love to actually read his answer). In our small Minyan, there was only 1 Kohen on Shabbos morning & he had Yahrtzeit the upcoming week. Thus, he wanted Maftir. Can he get 2 Aliyos? Should he walk out for the Aliyah of Kohen, so we can give him Maftir? Or, perhaps, he should get the regular Aliyah of Kohen & forgo Maftir? If he forgoes Maftir, is there then an Inyan, to give this Aliyah, to his brother-in-law, who was a son-in-law of the Niftar whose Yahrtzeit was upcoming?
A. Horav Shlomo Miller’s Shlit’a opinion is that it is better to call the Cohen for the first aliya on Shabbos, since you comply with the Biblical mitzva of “Vekidashto”, to sanctify the Cohen.
Maftir should then be given, as suggested to the son-in-law of the niftar.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a.
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Posted 10/27/2017 2:46 PM |
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# 1482 Learn To Daven Or Daven To Learn
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Q. A person has a choice: to daven in a normal minyan and then learn Torah, or to daven in a minyan where the chazzan is a tzaddik yesod olam mamish from a different dor and probably one of the lamed-vav tzaddikim who davens at extreme length. One will get a lot of chizuk from davening in the minyan of the tzaddik, but it is bittul torah since during this time one could be learning instead of participating in such a minyan. What should one do? (Obviously, davening is not bittul torah, but here the person davens normally and then has to wait for the chazzan who davens at extreme length.)
A. There are different approaches to the relationship and priorities between Torah and tefilah. The Talmud (Brachos 32a) relates that the early Chasidim would wait one hour before praying, spend one hour in prayer, and wait one hour after praying; Since they spent nine hours a day in prayer, it left little time for Torah learning, But because they were Chasidim, Hashem enabled them to remember their Torah. On the other extreme we find (Shabbos 11a) that Rabi Shimon Bar Yochai and his companions would not stop learning Torah to engage in prayer.
Horav Shlomo Miller’s Shlit’a opinion is that the answer depends on the nature and temperament of the person asking, and it should be referred to the Rov, teacher or spiritual mentor, who is familiar with him.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 10/27/2017 2:30 PM |
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# 1481 Can I Help You?
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Q. If a person who finished davening is learning Torah, and there are people who need him to help with a minyan, is he obligated to go and help them, even though he will lose time from his learning (because he doesn't learn during chazaras hashatz and he cannot learn out loud during the quiet SE)? Even though they could get someone from the street instead of disturbing someone who is learning? If the person refuses to go to them because "Talmud Torah keneged kulam," who is in the right?
A. Horav Shlomo Miller’s Shlit’a opinion is that there are several variable unknown factors at play such as avoiding creating a machlokes; how available are other people to join the minyan; how disturbing is this to one’s learning; can one stay a bit longer for learning and compensate for the loss, etc. Therefore, The Rov advises that the shaile should be asked to a local competent Rabbi, who is familiar with the details.
The Rov also mentioned that you can continue learning during chazoras hashatz when needed.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 10/27/2017 2:15 PM |
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# 1480 Vote Of Confidence
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Q. Is there a source in our literature for elections of schul officers, gabbai, etc., or is it a concept entirely borrowed from the gentiles?
A. On question 1188 on the mitzva of electing a government we wrote: “The Netziv (Haemek Dovor – Bereshis 9: 7) explains that the commandment of “P'ru Urbu” (Be fruitful and multiply) said to Noach, incorporates in the word “Urbu” an expression of grandness and rule, necessary for humans to survive as a viable lawful society.
Others maintain that the source for establishing a government is the mitzva of “Shoftim Veshotrim” (You shall set up judges and law enforcement officials for yourself in all your cities – Devarim 16: 18). They maintain that it stands as a separate mitzva, given even before they could name a king. (See Rambam – H. Deos 2: 3, Sanhedrin 25a in regards to naming a Parness, Teshuvo Meahavo 1: 208).
Maharitz (Teshuvos Chadoshos 133) asserts that the need for the rule of a government stems from Moshe Rabbenu's plea; "Let Hashem, the G-d of spirits of all flesh, appoint a man over the congregation... so that the congregation... will not be like sheep without a shepherd."
Teshuvos Vehanhogos (3: 431) maintains that government rule it is basically a rabbinical commandment.”
On question 1190 in regards to democratic elections we wrote: Talmud (Brochos 55a) teaches that “We do not appoint a Parnes or community leader unless the people were first consulted.” Pirkei D’Rabi Eliezer (11) mentions that: “the people choose the king, the king does not choose himself.” Abarbanel (introduction to Shoftim, first part) writes: “Judges and kings are named through Beis Din, but the people have to accept them. Rambam (Peirush Hamishnayos – Bechoros 4:4) rules that the Exilarch (Reish Galussa) can only be appointed with the consent and acceptance of the community.
Rema in Shulchan Aruch (C.M. 163: 1), Hagoos Maimonios (H. Tefila 11: 2) and others rule that all tax paying individuals should be summoned to voice their opinion and the majority will decide. Avnei Nezer (Y.D. 312: 5) and others explain how majority rules. Chazon Ish (Baba Bassra 15a) describes an advisable method to be used in a large city. Namely, to choose representatives from every congregation who in turn will elect the Seven Leaders or Tovei Hair.
Horav Shlomo Miller Shlit’a mentioned the opinion of most Poskim that the people are granted a vote when they pay the community taxes.”
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 10/27/2017 1:48 PM |
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# 1479 Don’t Get All Exercised
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Q. The local women's only gym has been adding fitness classes run by male instructors to its roster, although initially only women were allowed into the gym. Additionally, instructors have been observed visiting the gym at times when they are not leading classes (while most women are dressed for the gym). Although there is a considerable presence of frum members, and few women have tried to impress the importance to management of a women only environment (for religious observance and other reasons) there seems to be a lack of clarity for the women who are not speaking up. What is the halachic opinion, of women exercising in an environment where instructors or other staff may be male? Is the argument that a women needs to exercise for health reasons a valid reason for a woman to attend a male fitness class? Can a woman attend a coed gym if properly attired?
A. On question 339 in regards to Yoga practiced in mixed groups we wrote that as there are issues of Tznius (modesty), Horav Shlomo Miller’s Shlit”a opinion is that it should not be carried out in mixed groups.
The Rov’s opinion in regards to gym exercises, where male instructors are present and the attendants are properly dressed, is that although it cannot be outright prohibited, it should be avoided when possible. The reason is that it can easily degrade itself into compromising and libertine situations.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 10/27/2017 1:30 PM |
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# 1478 A Modest Answer
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Q. When learning about tznious and their halachos sometimes I come across the category Das Yehudis.
Can you kindly explain if this is derrobonim, doreisa? What is its status and how can I understand what it is. How should we view Das Yehudis in regards to tznious halachos.
Thank you
Ps, Can you kindly explain what the difference is between Das Moshe and Dad Yehudis.
A. Daas Moshe basically refers to all mitzvos ordained by the Torah, in practice it is used in reference to Biblical issues involved in establishing marriage or causing divorce. (Kesuvos 72a, Rashi and Meiri ibid.).
Rashbo (Tesh. 5: 246) asserts that when the word “Veyisroel” is added to “Kedas Moshe,” as when used under the chupa, it includes also Rabbinical mitzvos.
Daas Yehudis, reflects Rabbinical mitzvos usually involved in women’s tznius and modesty issues. These are based also on customs and practices that women accepted for generations, and sets them apart from other nations. (Rambam H. Ishus 24: 12, Shulchan Aruch E.H. 115: 4, Rahi and Meiri Kesuvos 72a).
Mishna (Kesuvos ibid.) quotes some cases of daas yehudis, such as in some instances going out with hair improperly covered, spinning thread in public when it causes body exposure, or engaging in conversation with all men etc.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 10/27/2017 1:13 PM |
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# 1477 The Promised Learned
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Q. If a person pledged on Simchas Torah to learn a certain masechta by a certain deadline, and within the masechta there are some parts that he does not understand (difficult Gemaras), how should he comply with his vow?
Should he be matir neder?
A. Horav Shlomo Miller’s opinion is that he should try his best and daven to Hashem to help him understand the difficult passages. He does not have to be matir neder.
When making any pledge one should always say “beli neder,” so he wont incur in the prohibitions involving nedarim or oaths.
See also question 1435 regarding the different opinions on what is considered the bare minimum of having learned something, for siyum purposes.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 10/27/2017 1:01 PM |
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# 1476 Aliyah Yeah – Aliyot Not
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Q. Our shul does not have the custom of everyone having an Aliyah on Simchas Torah. Our minhag also requires only having 6 Aliyos from the first Sefer Torah (including Chosson Torah).
This past Simchas Torah, the fellow who bid for the 5th Aliyah turned out to be the son the the one who bid for the 4th Aliyah. After the 4th Aliyah, the Gabbai was unsure what to do. On the one hand, he could ask the winning bidder for the 5th Aliyah to honour someone else with the Aliyah. However, he bid for it thinking he would get the Aliyah. The other idea was for the schul to seek bids for the new 5th Aliyah which would consist of 3 pesukim of the beginning of the Aliyah, and then call the son for a reduced size Aliyah that would be a Hosafah before Chosson Torah. However, maybe he didn't bid for that either because he bid for one of the mandatory 5 aliyos, not for a Hosafah.
What would Rav Miller have ruled?
A. Horav Shlomo Miller’s Shlit’a opinion is indeed to make a hosafah before Chosson Torah. The bidder for the fifth aliya, was at least partially responsible to have been aware or asked who bought the fourth, and should therefore settle with a somewhat diminished aliya.
The Rov mentioned that in Lakewood Yeshiva, although they did not normally call hosafos, when there was a simcha and the aliya required was for a Cohen, they did add a needed achron.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 10/27/2017 12:28 PM |
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# 1475 Wrong Yom
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Q. A stroke patient. His family was instructed that he may not fast on Yom Kippur. Fearing he would not listen if he knew it was Yom Kippur, they did not tell him when it was Yom Kippur. However, sometime during Sukkos he decided that it was Yom Kippur and refused to eat. He fasted without any telltale effects from late afternoon till late at night the next day. Nobody could budge him from his conviction that it was Yom Kippur. Being shown the Sukka and the Arba Minim he had shook the day before did not convince him. He was sure it was Yom Kippur and that was that.
Question: Does he get schar as if he fasted on Yom Kippur? Is this called someone who tried to do a mitzva with all his effort but didn't manage to do so, that it is counted in Heaven as if he had done so?
A. It is well known the principle of the Derech Hashem expounded in Kovetz Maamorim (Maamar al Hateshuva p. 23, Kovetz Haoros 70) that in general mitzvos maintain two different aspects in their essence. One reflects the compliance to the will of Hashem by keeping and following His will and instructions. The other attest to the improvement, betterment and benefit acquired and created when performing them. This is due to the fact that the Torah is the Universal Plan of Creation, therefore the mitzvos bring about the necessary fulfillment of that plan.
Rav Elchonon Vasserman zt’l thus explains why our forefathers kept the mitzvos of the Torah even before they were ordained, as they understood the benefit created. In some unique cases, they understood the betterment to be reflected in different ways, as in Yaakov marrying two sisters.
The above also elucidates, why when someone truly wants to abide by a mitzva, but then accidentally can not, it is counted as having complied (Brochos 6a). Since although the benefit accrued from actually performing the mitzva did not materialize, the effort to follow the will of Hashem and his command was indeed achieved.
Horav Shlomo Miller’s Shlit’a opinion is that the patient was also compliant with the mitzvos of emuna, ahavas and yiraas Hashem.
The Rov added that in this case and similar ones, is to greatly care for the welfare of the patient including his mental and emotional disposition. Therefore, with common sense and good judgment, allowance and understanding should be granted to the quirks and oddities of the aged and ill.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 10/27/2017 12:09 PM |
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# 1474 The Rights Of Copy Rights II
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Q. Can one borrow records, in good condition, for converting to mp3 (our copies are in rough shape, or the titles aren't for sale anywhere, for those legitimately concerned with copyright), or on CD? Are there any Halachik issues in copying vinyl records into CD format for personal use?
Thank you for all your time, knowledge, patience, and concern.
A. On question 1011, regarding making a photocopy of a recipe from a cookbook borrowed from a library, we wrote: “Poskim endeavour to explain and define what exactly are the Halacha rights that an author may have on the written words he has created or printed. Words and ideas are immaterial and not tangible objects, and the Torah given prohibitions of theft or hasogas gevul (literally “infringement of boundary,” commonly applies to unfair competition or illegal encroachment and business practices) may not necessarily apply to them. Shoel Umeshiv (1: 44) rules that the creating act of the author does grant him the exclusive ownership rights of printing and selling his creation, and for others to do so is tantamount to stealing. However, Beis Yitzchok (Y.D. 75) maintains that in principle authors rights are not eternal and he may have already traded them with the books he has sold. In practice he also agrees to the Shoel Umeshiv's opinion because one must observe the “Laws of the Land” and their definition of copyrights. Other approaches traditionally used in the past, was for the author to obtain a “Haskama” or letter of approbation from a recognized Rabbinical authority prohibiting other publishers from reprinting the work for a set period of time. Some Poskim assert that the author or publisher may condition the sale of the book and restrain the buyer from photocopying any amount even for non profit use. (Birchas Shlomo 24: 8, Minchas Tzvi 18, Darchei Choshen 7: 11, see also Igros Moshe (O. H. 4: 40: 19) Lo Kol Hazechyos Shemuros (p. 10) writes that making non commercial or non profit photocopies of a small portion of a book, is not prohibited even if the author or publisher specifically warned that no material whatsoever should be copied without their written permission. Since this does not harm the author or publisher. (The user would not have bought the book anyway for extracting only such a minimal amount of information.) Horav Shlomo Miller’s Shli”ta opinion is that in your particular case it can be assumed that a common copyright entitlement, even by the laws of the land does not prohibit a non commercial occasional photocopy.”
Horav Shlomo Miller’s Shlit’a opinion is that you are indeed allowed to borrow from others, and copy without permission from the authors, yesteryear vinyl (acceptable) Jewish music records. However, the above applies when they are not readily available now on the open market and when the copying is not done for commercial purposes.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a.
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Posted 10/25/2017 10:41 PM |
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# 1473 Care To Dance?
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Q. If a person wants to learn during hakafos, is that wrong, as the mitzvah at that time is to dance and not to learn? The same way that a person cannot learn instead of (or during) davening, he should not be learning during hakafos when everyone else is dancing with the Torah? Or perhaps the contrary is true?
A. Mishna Berura (669: 11) conveys the great importance and significance of dancing, singing and rejoicing with the Torah when honoring the Torah is required, as it is mentioned when Dovid Hamelech conduced the Aron Hakodesh to Yerushalaim (Shmuel 2: 6: 14) “Dovid danced with all his might before Hashem.” He quotes that the Arizal would say, he merited to the most elevated spiritual heights only because he rejoiced and danced with the Torah. Similarly, the Gaon of Vilna zt”l would place all of his effort when dancing and rejoicing on Simchas Torah. The Rambam (end of H. Lulav) also describes amply the great obligation one has to rejoice and dance with the Torah.
Haelef Lecha Shlomo (37), rules that it is prohibited for someone to decline or reject being given an hakkafa, as it is akin to refusing to take an aliya, when one is called to the reading of the Torah. (See Brachos 55a, that such behavior shortens one’s life time).
However, Horav Shlomo Miller’s Shlit’a opinion is that once one has complied with the above, and it is difficult for him to continue, he should definitely rather learn, than just squander time.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 10/20/2017 1:23 PM |
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# 1472 Pay A Visit?
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Q. Can you sell chosson Torah or Bereshis to someone visiting from Eretz Yisrael?
A. Poskim disagree; Chaim Shoal (1: 13) rules that one should not honor with chosson Torah or Bereishis one who is not keeping that day as Yom Tov, since it may appear to be a prank or a trivial act.
However, Chelkas Yaakov (3: 134), Sridei Eish (end) relating that Horav Yechezkel Sarna zt’l accepted the honor of being named chosson Torah when visiting Chutz Laaretz, since it was well known that the Rosh Yeshiva always received that honor and not being called would appear similar to mourning in public. Yom Tov Sheni Kechilchoso (11: 4) quotes that Horav S.Z, Auerbach and Horav M. Feinstein zt’l also permitted, arguing that this are extra aliyos, and not an essential part of the five required on Yom Tov.
Horav Shlomo Miller’s Shlit’a opinion is to avoid when not needed.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 10/20/2017 12:10 PM |
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# 1471 One For Two
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Q. Can you give the same person, who is donating a very large sum much needed for the shul, both chosson Torah and chosson Bereishis?
A. Piskei Teshuvos (669: n. 21) rules that it should be avoided. Horav Shlomo Miller's Shlit'a opinion is that it is permitted in need.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a.
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Posted 10/20/2017 12:00 PM |
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# 1470 Two for One
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Q. A minyan that has only one sefer Torah for leinning on Simchas Torah, can they call two cohanim or a son after a father for chosson Torah and Bereishis?
A. Mishna Berura (135: 36) rules that one may call to the Torah reading on Simchas Torah three consecutive Kohanim for chosson Torah, chosson Bereshis and maftir, since three different sefarim are being used. He rules similarly in regards to a father and son or two brothers (141: 6, see also Nitei Gavriel – Sukos 99: 29-30 that many Poskim agree).
It would seem from the wording that the above applies only to different sefarim and not when one single sefer Torah is being used. However, Horav Shlomo Miller’s Shlit’a opinion is that since it takes time to be golel or role the sefer to the new parsha to be read, it is permitted if needed.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit”a
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Posted 10/20/2017 11:58 AM |
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# 1469 Save The Fish
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Q. Why are we permitted to eat fish, after all Noach never saved the fish?
A. Let me first explain your question. After the end of the Mabul described in detail in this parsha, the surviving humans were given the right to consume animal meat, as the posuk says; “Every moving thing that lives shall be yours to eat; like the green vegetation, I have given you everything” (9:3.) Rashi explains quoting from Sanhedrin 59b; For I did not permit the first man [Adam] to eat meat, but only vegetation, but for you, just as the green vegetation which I permitted for the first man, I have given you everything. Ramban explains the reason being that Noach saved all animals from destruction, so therefore acquired the right to consume them. The question begs itself, since the fish were not included in the decree of destruction by the Mabul as Rashi (7: 21) quotes from the Talmud, (Sanhedrin 108a) Noach did not need save the fish. Why are we then allowed to eat fish?
A number of different answers have been offered. Avnei Nezer maintains that indeed the fish did not become permitted at the time of Noach, they only became allowed at the time the Torah was given and it specifically instructed us as to what fish we can consume. Therefore, he explains, Avraham Avinu did not serve fish to his heavenly guests in Parshas Vayero, since it was not kosher yet. In his name, Pardes Yosef also explains why we eat fish on Shabbos, since by consensus all sages agree that the Torah was given on that holy day. (Shabbos 86b)
However, Rav Yaakov Kamenetzky Zt”l in Emes LeYaakov opines the opposite. Fish because of their lack of prohibitory mitzvos were always permitted, as you perceptively noted. (See Chulin 27b) Meor Veshemesh in this parsha further explains that when Adam repented and made teshuva, he was able to fix and bring a “tikun” to all of creation. However the tikun was not total and the land animals remained affected. They still required the further tikun provided in the Teiva. That tikun was obtained by the tremendous effort and exertion of Noach and his children in feeding and serving the animals in the Ark during the year of the Mabul.
There are also different opinions in Midrashim and Talmud as to why the fish didn’t die, even though the floodwaters were boiling hot, such as the floodwaters were hot only above the ground and not above the oceans. (Bereishit Rabbah 32:11). The waters around the teiva were cold and therefore Noach did save the fish.
There is also a most unusual opinion that the teiva contained an aquarium.
Rabbi A. Bartfeld
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Posted 10/20/2017 12:42 AM |
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Important Numbers
