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Have a question? Send it in! Questions are answered by Rabbi Bartfeld.

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# 1318 Miss Fire

Q. My half sister who was my mother's daughter lives in... and is gravely ill in hospital. My mother's first husband was an avowed atheist and taught my sister to be one too. My mother became a BT (after divorce) and renewed her commitment to Yidishkeit and kept Shabbos, Kosher and Mikvah all according to Halacha. My sister followed in her father's teachings and denied the existence of G-d. She was however respectful whenever she would visit us in Toronto and did not smoke on Shabbos or turn lights on or off and in general behaved appropriately but always claiming that she does not believe.

My sister married a Jewish man and had a daughter with him... I have a good relationship with her.

My sister requested in her will to be cremated.  My niece at my request spoke with her mom Friday at the hospital asking her to reconsider her decision to be cremated especially in light of my / her brother's pleading objections. My sister is adamant about it and refuses to reconsider. My niece being an estate lawyer works with frum people and is very familiar with these halachas. Notwithstanding, that she plans to follow her mother's signed wishes. My niece is also not frum but has the spark in her.

I asked my niece to text me her assessment of her mother's mental state all her life including when she wrote the will. This is the exact quote:

"I am remembering now that her mental issues were not different than those with physical ailments. She could not help herself"

Please note, this  does not refer to her religiosity but her disposition which tended to be erratic and not clear thinking in general.

My Shayla is: Can my sister be considered to be a Tinoket Shenishbaat to be permissible to sit shiva  and say kadish for or not should this come to pass?

Shalom.

A.  Shulchan Aruch (Y.D. 374: 4) rules based on Talmud (Moed Kattan 20b) that one is obliged to comply with mourning for a half sibling.

However in your case, Horav Shlomo Miller’s Shlit’a opinion is that, although you are not obliged to sit shiva for your half-sister, you may do so if you so desire, including the reciting of Kadish.

If your niece is sitting shiva, and there is a chance that your sitting with her will be influential in bringing your niece closer to Judaism and eventually becoming a Baalas Teshuva. and it will also create shalom bais and peace in the family, It may be advisable to do so.

The Rov added that it is unnecessary to recite the brocho of Dayan Emes or rend your clothing.


Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a




Posted 5/10/2017 11:58 AM | Tell a Friend | Ask The Rabbi | Comments (0)


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# 1317 Blessings Of Life
Q. The bracha of sheheheyanu is recited on mitzvos that come from time to time (e.g., sukkah, shofar, Yom Tov). Why is this bracha not said when making an eruiv tavshilin?

A. One may argue that you do not recite shecheyanu on a mitzva that is only a matir, or was instituted only to permit you to do something. However, Darkei Moishe (Y.D. 28: 11) mentions that one who performs shechita for the first time recites shecheyanu for covering the blood and not for the shechita itself. Yet he does not mention that the reason is because shechita is only a matir, rather because you are paining and destroying an animal.
Another reason may be that it is part and parcel of the Yom Tov itself, similar to Sefiras Haomer, where the shecheyanu on the Yom Tov includes the prior counting. The Ridvaz (4: 1327) explains that we do not recite Shecheyanu on counting Sefira since it constitutes the days of preparation and groundwork for Kabolas Hatorah on Shavuos and it is then that we do recite that brocho. (See also Birchas Hashir Vehashebach 14: 2 and 24: 3).
Horav Shlomo Miller’s Shlit”a opinion is that since there are different kinds of eiruvin, such as eiruv chatzeiror or techumim, that could be done every Shabbos and they command the same brocho of “Al Mitzvas Eiruv”, this is not considered, as a mitzva that comes only from time to time. (See Shulchan Aruch O.H. 366: 14 and Mishna Berura 79 if the bracha when doing both at the same time changes to Mitzvas Eiruvin).

Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a


Posted 5/8/2017 11:30 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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# 1316 The $100 Baby Bill
Q. A Jew is walking on Shabbat and sees a baby crawling in the street. He picks up the baby and gives it to the mother who is nearby. She slips a $100 bill in his pocket to thank him and walks away. What should he do? He cannot take out the money because it is muktza; he cannot shake it out because he is transferring from reshus hayachid (pocket) to reshus harabbim (the street).


A. When someone is in a street, the objects he carries are considered to be in a reshus horabim or public domain and not in a private domain. If there is no eiruv, he will not be able to carry the money on his pocket more than four amos (about two meters).
Coins are inherently (muktze machmas gufo - Mishna Berura O.H. 310: 24) and banknotes are chisaron kis (loss of valued object - Shemiras Shabbos Kehilchoso 20: n.127). Either way, they cannot be touched and removed directly, by taking them out of the pocket. However, they can be thrown out from the pocket indirectly, by shaking them out. (Tiltul mim hatzad).
If mistakenly, as a natural reaction he placed his hand in the pocket to see what’s in there and realizes it is a bill, once the bill is in his hand he can dispose of it without walking more than four amos. Although, this heter usually applies only when the muktze came to his hand in a permissible way, such as a utensil dedicated to prohibited works that was used for something allowed, and not to inherent muktze. (O.H. 308: 3, Mishna Berura ibid. 14). However, some Poskim permit when it involves a significant loss. (See Shemiras Shabbos K. ibid.). He may then, acting correctly, ask the mother to take the money back or just leave it in front of her.
If there is an eiruv, Poskim disagree whether one who is wearing a non-bosis garment with muktze in it, has to remove the muktze as soon as possible or not, and due to the loss involved may be permitted to carry it home and shake it out the pocket there. (See Mishna Berura 310: 29). Shemiras Shabbos Kehilchoso 20:75).

Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a



Posted 5/8/2017 12:57 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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# 1315 Day One, One Day or One A Day?
Q. I just learned that according to the Chazon Ish, as brought in Orchos Rabeinu, vol. 2, p. 94, one who said Today is the first day etc. is NOT yotzi sefiras haomer (he needs to say Today is one day, as opposed to first).
However, up until now I did not know this ruling of the Chazon Ish, whose rulings I am generally particular to follow, and have been counting "first," "second," and so on (as I count in English). May I continue counting in the future with a bracha, even though in the past I was (apparently) not yotzi?

A. Shulchan Aruch (O.H 489: 1) rules that on the first day of the sefira you count: Yom Echad – One Day (cardinal number) and not Yom Rishon – First Day (ordinal number). Divrei Shoul (Menochos 66) explains that since the Sadducees wrongly began counting the Sefirah on a Sunday which is referred to as Yom Rishon of the week, the term was changed by our sages to Yom Echad – Day One, which could apply to any day of the week.
If one counted Yom Rishon on the first day, Poskim rule that he complies after the fact. (Orchos Chaim 108 quoting Meorei Or and Divrei Hageonim 981, Nitei Gavriel, Pesach 3: 32: 1, Piskei Teshuvos 489 n. 21).
Both, Nitei Gavriel and Piskei Teshuvos also quote Orchos Rabbenu (2: 94). However, they understand that the reason the Chazon Ish said he did not comply bedieved, was because he didn’t have any intention to. The case was that one elder told his son after the shekia; tonight is the first night of sefira, and then the elder was in doubt if he could still count with a brocho that night. The Chazon Ish answered to his question; rishon is not echod, meaning that the words chosen, demonstrate that he did not have intention to count sefira at that time.
Horav Shlomo Miller’s Shlit”a opinion is similar, and you can continue counting with a brocho.

Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a


Posted 5/8/2017 9:38 AM | Tell a Friend | Ask The Rabbi | Comments (0)


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# 1314 A Matter Of Life Not Death
Q. Can you say a shloshim hesped thirty days before Yom Tov for a community Rabbi?
Do you recite E-l Mole Rachamim?
If permitted, why is it different than others?

A. Shulchan Aruch (O.H.547: 3) rules that one should not eulogize the departed within thirty days of an incoming Yom Tov. The reason, explains the Talmud (Moed Kattan 8a) is not to raise feelings of sadness close to days of joy or to avoid spending (for the hesped) funds necessary for Yom Tov.
However, Horav Shlomo Miller’s Shlit’a opinion is that it is permitted to eulogize within or at the shloishim day after the demise, for someone who was a Talmid Chacham or recognized by his outstanding communal work and abnegation for the benefit of the rabim. Stressing, that the purpose of the hesped is not to awaken sadness and sorrow, rather to encourage others to follow and emulate the greatness of the niftar.
If the minhag of this congregation is to recite an hazkara at shloishim, it can also be said.

Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a


Posted 5/5/2017 4:10 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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# 1313 Shiras Hachaim – A Song For Life
Q. We, who follow Minhag Aschkenaz, Minhag Rainus, are stringent during Sefiras HaOmer, after Rosh Chodesh, not only not to listen to music, but also not to sing. This stringency was adopted by Chachmei Aschkenaz due to the added tragedies during the month of Iyyar and Sivan that resulted in the martyrdom of many communities during the Crusades.
I am privileged to be involved in singing and playing music for various stroke patients and otherwise paralyzed individuals. May I continue to do so from Rosh Chodesh Iyyar until Shavuos?
While I am asking, may I do so during the 3 weeks and/or including the Nine Days?
And if I may do so, what words of chizuk might Rav Miller have for me, since I would feel as if I am not joining with the community in their time of sorrow, and I would not like such a heter to affect me adversely? Is there some Tefila that I should say before playing or some section of Mussar or some other words of our Sages that I should study that will help me in this regard?


A. See question 1305 and 1312 above in regards to what kind of music is permitted during Sefira.
Altough, Oz Nidberu (8: 58), Shevet Halevi (8: 127), Tzitz Eliezer (15: 33) and others prohibit listening to taped vocal singing even without instrumental accompaniment, many Poskim permit just plain singing songs of praise, thanks and dveikus to Hashem even on a seudas mereius (a meal gathering of friends) when no dancing is involved. (Aruch Hashulchan 493: 2, Shulchan Aruch Horav ibid :1. See Igrois Moishe E.H. 1: 98, in regards to occasions of intense joy).
A single individual singing to himself when learning or davening etc,. is plainly permitted (Piskei Teshuvos 493: 4, Nitei Gavriel – Bein Hametzorim 15: 11). Still, Leket Yoisher quotes, that his rebbi, the Terumas Hadeshen, would not sing at all during Sefira days. Yosef Ometz (p. 128) mentions that this was also the tradition of the kehila of Frankfurt-Am-Main.
Horav Shlomo Miller’s Shlit’a opinion is that as long as the tunes are sober and not over-joyous, the benefit, healing and well-being created by singing to the stroke patients and paralyzed individuals, preempts and supersedes all the above issues, even during the Nine Days, since the songs are not for joyfulness they are not prohibited.
The Rov maintains that the chessed done to others in distress and in pain, is the greatest segula and source of brocho and hatzlocho.

Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a


Posted 5/4/2017 5:32 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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# 1312 Give Us A Ring
Q. Is one allowed to have a telephone ringtone that's a segment of a song with musical instruments?

A. In question 104 we mentioned that in regards to the avelus of the Three Weeks, which is usually more stringent than than Sefira period, there are Poiskim who permit listening to music that is not played for the sake of enjoyment or pleasure, as one who employs workers that listen to the radio as they work, or music that is played for a child to calm him to sleep. (Nitey Gavriel , Bein Hametzorim ch. 15, 8-13). Some Poiskim understand the music prohibition as only what conduces to joy and dancing, and permit classical music, played for soothing and comforting the soul. (Shoalin Vedorshim p. 245). However others disagree. See question 1395 above.
Igros Moshe (O.H. 3: 87) permits teaching instrumental music when it is done as a professional duty and not for enjoyment, See Naharos Eisan (p. 252) in regards to permitting singing and playing music for children in school.
Shoishanas Yisroel (Ben Hametzorim 1: 18) mentions that one should change the ringtone if it was recorded for the purpose of joy.
Horav Shlomo Miller’s Shlit’a opinion is that in the onset, one should avoid this type of ringtone the year around. However, once set it does not have to be removed.

Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a.


Posted 5/4/2017 4:58 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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# 1311 Raise The Spirits
Q. Father was hospitalized and went into intensive care the day before Erev Pesach. Before he was given sedatives I reminded him to do bitul chometz which he did. I’m taking care of business for him and I sold early next day his chometz via a message on the phone of his rabbi, since I couldn't leave the hospital. But the Rabbi claims he didn’t get the message on time. Can we still use the extensive spirits collection he owns after Pesach? It is a hefsed meruve and an added source of stress and  unhappiness?

A. Shulchan Aruch (O.H. 448: 3) rules that even when one was accidentally unable to sell his chometz before Pesach, it remains prohibited after. However, Biur Halocho (ibid.) quotes Poskim that are lenient when one annulled the chometz before Pesach. Especially when it was an obvious mishap and force majeure, not given to be used deceivingly. (See Sidur Pesach Kehilchoso 11: 20).
Although Mishna Berura (442: 4) and many Poskim rule that “yain sorof” or alcoholic distillates made from grain (such as whiskey or vodka) are considered Biblical chometz, some are lenient and view them as only ziah or “sweat” and not proper chometz and therefore only Rabbinicaly prohibited. (Pnei Yehoshua O.H. 13. See Shaarei Teshuva 442: 3). That being the reason that many who are stringent in selling proper chometz are lenient on selling liquors and spirits.
Horav Shlomo Miller Shlit’a added another possible leniency that should be checked, namely that many chometz sale-documents contain a clause that incorporates all those individuals who attempted and wanted to be included in the selling, but were unable or forgot to do so.

Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a


Posted 5/3/2017 9:59 AM | Tell a Friend | Ask The Rabbi | Comments (0)


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# 1310 Children Should Be Seen And Heard?
Q. Grandparents visiting their children in Israel for Peisach, should they be joined by the children and grandchildren on the second seider so the grandparents can comply with the mitzva of vehigadta levincho, even when they only keep one day?

A. Teshuvos Vehanhogos (4: 102: 2) reasons that just as when there is no children present at the seder, one complies with this mitzva by telling the story to his wife, (P’sachim 116), although she is exempt from this mitzva herself (Rambam Avoda Zarah 12: 3), so too one would comply by telling it to his children or grandchildren who are also exempt since they keep only one day. He debates that the Halacha status of the wife may be different since even if she is exempt of this positive time dependent mitzva, she can still voluntarily accept it and if there is a bracha to be recited she can do so, which is not the case of the children in the second day since they are totally exempt.
He then concludes that that it is likely that the grand parent does comply with the mitzva, since it is mainly on him, regardless of to whom he tells the story of Yetzias Mitzraim.
He compares it to a similar question in regards to a distinguished talmid of the Brisker Rov zt”l visiting Eretz Yisroel, who came to pay his respect to his his rebbe on the last day of YomTov. The day was for the Brisker Rov already Issru Chag, while for the visitor trying to comply with the mitzva of honoring his master, it was still YomTov.
Horav Yitzchak Berkovits Shlit”a told me that Horav Eliashuv zt”l, ruled that children living in Eretz Yisroel are not obligated to partake in the second seder of visiting parents, if they find that difficult.
Horav Shlomo Miller’s Shlit”a pointed out to the Rambam (H. Chometz Umatzo 7: 1) that the mitzva is to relate the miracles and wonders that happened to our forefathers… as it says: Remember this day that you went out of Mitzraim, and it says: Remember the day of Shabbos to sanctify it. As mentioned above the mitzva is telling the story even to ourselves, similar to remembering Shabbos. So if the children or grandchildren are not present he complies with the mitzva also.

Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a.



Posted 5/1/2017 1:33 PM | Tell a Friend | Ask The Rabbi | Comments (1)


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# 1309 Sold Out
Q. I sold my house and cars before Pesach on an early mechira because we were going out of town. Sadly when we returned I found out that one of our cars was stolen. The insurance is B”H replacing it, but I have my misgivings, since after all it was not my car when it was stolen. It belonged then to the goy then, can I still collect?

A. Horav Shlomo Miller’s Shlit’a opinion is that you should check with your Rabbi if he actually sold the car itself or just the chometz therein. Many, even on an early mechira (sold before the beginning of day fourteen to avoid bedika), only sell the chometz in the house and not the house itself, to avoid questionable issues of reinstalling the mezuzos (See Lechem Haponim 114, Piskei Teshuvos 448: 12).
Shaarei Tzion (O.H. 1: 12), debates, if one can on Chol Hamoed use a vehicle that was sold and the extent of the sale involved. He rules leniently in regards to using the sold car, since he does not consider it to be a complete and legal sale, as opposed to the chometz. (See also K’ruei Moed p. 22).
Horav Shlomo Miller Shlit”a also indicated, that even if the car is to be considered legally sold, since it remained without insurance for the buyer, it may be a case of mekach tous or a mistaken and misguided act of acquisition for the unaware and now affected Gentile purchaser, resulting in the car itself not being sold.

Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a


Posted 5/1/2017 1:26 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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# 1308 All Things Must Pass?
Q. I am in the store on Chol Hamoed and there is a lady (I do not know whether or not she is Jewish) who asks me to pass her the bagels on the top shelf because she can’t reach them.
Am I allowed to pass them to her?

1. Is this called benefiting from chametz?
2. Is this lifnei iver? Assisting someone to do an aveira? [In the event that she is Jewish]


A. In question 63 in regards to a nurse serving during Chol-Hamoed Pesach meals that contain chometz to non-Jewish patients. we wrote; It is forbidden for a Jewish nurse to prepare or serve meals that contain chometz during Pesach, even to non-Jewish patients. There are a number of prohibitions involved, such as “Mistaker B’isurei Hanoe” or deriving benefit from proscribed items and desiring their existence (O.H..450, 4 – Mishna.Berura. 9), Also we should be concerned that the chometz may be eaten or tasted during the process (Mishna Berura ibid. 21). Poiskim recommend that somebody whose occupation requires the handling or providing of chometz food, should ask for a substitute during Pesach or engage in a different task. (Igros Moishe C.M. 4, Yesodei Yeshurun 6, p. 207, Chashukei Chemed, Pesochim p. 190, see also Teshuvos Vehanhogos O.H. 299).
Similarly, 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, Horav Shlomo Miller’s Shlit”a opinion is that it is prohibited, as the non-Jewish patient will remain grateful for the favor done, and that constitutes a prohibited benefit of hometz. 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. (O.C. 450 – Chashukei Chemed, Pesochim p. 190).
The prohibition of “Lifnei Iver” or “Placing a stumbling block before the blind” is interpreted by our sages as: facilitating or helping others commit a Torah violation. (Talmud Avoda Zarah 6b) This prohibition is codified in Shulchan Aruch in several places such as Y.D. 148:5 pertaining the assisting of a Gentile in committing idolatry and in Y.D. 240:20 in regards to a father’s proscription of physically chastising older children, as this will only entice them to hit back, resulting in a capital offense. Tosafos, Ramban and Ran (ibid.) and other Poiskim, are of the opinion that this prohibition is limited to cases where the recipient is unable to transgress without the giver’s assistance. If, however, the idolater could reach the item independently, then one may hand it to him despite the certainty of the ensuing violation. In your particular case, the person assisted can easily get to the chometz by other means such as asking another Gentile customer or an attendant for help. (See Mishne Lemelech – H. Malve 4: 2, Chavas Yair 185, et. al.). Horav Shlomo Miller Shlit”a pointed out that the opinion of HaGra (Y.D. 151: 8) is that even when it can be done easily by others, there is still a “Lifnei Iver” prohibition
However as Tosafos (Shabbos 3a) and Shach (Y.D.151:6) mention, there is a discrete rabbinical prohibition against helping one violate Mitzvos, called “mesayea lidvar aveiro” (“helping someone commit a sin”). Igrois Moishe (Y.D. 1,72) deals with the question of mesayea when someone would perform the transgression nonetheless. (See question 207).

Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a


Posted 4/30/2017 10:41 AM | Tell a Friend | Ask The Rabbi | Comments (0)


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# 1307 Still A Steal?
Q. If someone travels to Eretz Yisroel for Pesach and he is joined by his children and grandchildren for the second sedder that they don’t keep, are the grandchildren allowed to “steal” the afikomen at the sedder?

A. See prior question (1306) as to why we permit the grasping the afikomen. While in Yerusholaim, I consulted Horav Yitzchok Berkovits Shlit’a view and he maintained that it should not be done by children who are not complying now with the seder.
Horav Shlomo Miller Shlit’a, who presented this shaileh himself, is of the opinion that it is permitted.

Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a.


Posted 4/28/2017 2:35 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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# 1306 Grab A Bite
Q. What is the hetter (permit) for the tradition of the children stealing the afikoman? Are we not teaching them to do wrong?

A. Orchois Chaim, (473: 19) quoting Meiri, indeed maintains that this minhag is specious and unmerited. He adds that the Goyim use it to criticize the Jews, as teaching their children to steal. Piskei Teshuvos (473: n. 148) cites that Rav Chaim Soloveichik zt’l as well as the Rebbes of Lubavitch would discourage this tradition.
However, it has already become a widespread custom that children steal the afikomen and hide it in return for a prize, and it is supported by many Poskim. (Maharam Chalavah – Pesachim 9), Chok Yaakov 472: 2, Siddur Yaavetz 2:page 48: 3, Sheilas Rav p. 356: 33, Vayivorech Dovid 1: 58, Teshuvos Vehanhogos 3: 141, et. al.).The best known reasons for hiding and stealing the afikomen is to arouse the children’s curiosity. (Likutei Maharich 3:p. 519).
According to the opinion of Horav Elyashiv zt”l (quoted in Halacha Shel Pesach 2: p. 301: fn.. 72), this is an acceptable and beautiful tradition. The reason given is as the Talmud (Pesachim 30) teaches that we grab matzos on the night of Pesach so that the children do not fall asleep.
The interesting following reason is offered for the tradition of “stealing” the afikomen. We know that the dogs did not bark on the night of Yetzias Mitrzayim. The Talmud (Pesachim 113a), teaches that people are prompt to steal when dogs do not bark, since the dogs offer then not a deterrent. So to remember that miracle the custom is to steal the afikomen (Minhag Yisroel Torah 2: p. 291:16, Moadim L’simcha 5: p. 345: fn. 12).
Theft is normally prohibited, even if it is done for a joke, in order not to accustom oneself to steal. (Rambam H. Geneiva 1: 2, Shulchan Aruch C.M. 348: 1).
It can be argued that encouraging children to steal the afikomen is bad chinuch. However, if the thief is a member of the household, then there may be no concern since the owner of the house does not mind at all (Halichos Shlomo - Moadim p.260: fn. 219, quoting the custom of Harav Shlomo Zalman Aurbach zt”l).
Piskei Teshuvos (473: 26) quotes that it is not correct to call this minhag “stealing” the Afikomen, rather one should name it “grasping” or similar,

Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a.




Posted 4/28/2017 2:23 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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# 1305 Face The Music
Q. Can you play on the piano classical music during sefira days?

A. See question 281 where we wrote that Horav Shlomo Miller’s Shlit”a opinion is that in principle serious or cheerless classical music would be permitted as we do sing a sad tune even on Tisha B’av (Eli Tzion). However it is likely that while listening to a symphony, parts of it may meet the criteria of the mood markings of allegro, animato, or giocoso. It is therefore advisable to refrain from listening to all music, unless needed for therapeutic purposes.
The same should apply to playing classical on an instrument.

Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit”a


Posted 4/23/2017 10:32 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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# 1304 Selling Point
Q. I own a condo in southern Europe, that I did not completely clean for Pesach. I want to sell it as an early mechira, before the night of bedikat chametz arrives, so I will be exempt from bedika. Can I sell it on this side of the ocean, even if at the time of the local early selling (5.00 PM on the day before Erev Pesach), it is already well into the night of the bedika there? Or do I follow the time zone of the location where the property and the chometz are, and I have to ask the Rabbi there to sell it for me?


A. Horav Shlomo Miller’s Shlt’a opinion is that it suffices with the local early sell of the chometz. (See also question 66).

Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit”a


Posted 4/9/2017 9:25 AM | Tell a Friend | Ask The Rabbi | Comments (0)


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# 1303 Holy Smoke?
Q. Can you smoke electronic cigarettes on Pesach (Chol Hamoed)?

A. An electronic cigarette or e-cigarette is a handheld electronic device which vaporizes a flavored liquid. The user inhales the vapor. Using e-cigarettes is sometimes called vaping. The liquid in the e-cigarette, called is usually made of nicotine, propylene glycol, glycerine, and flavorings. (Wikipedia)
Mishna Berura (467: 33) quoting Magen Avrohom and Chayei Adam prohibits smelling “tabak” that was steeped in beer.
However, traditionally people are lenient in smoking on Pesach common rolled cigarettes or pipe tobacco, since even if chametz was mixed in the tobacco, it is inedible, and smoking it does not constitute “achshevei” or making it important. (see Sdei Chemed 1: 3, Tiferes Yosef O.H. 26, Mor Uketziah end of 442, Chaim Shoal 2:38 sec. 83, Ha-Elef Lecha Shlomo 204-205; Divrei Chaim Yoreh Deah 20 – and others).
CRC published in their site the following alert: “Electronic cigarettes convert a specially formulated liquid into a vapor which the person inhales in a manner that mimics the way one inhales from a traditional cigarette. The liquid (which is sometimes called “juice”, “smoke-juice” or similar names) typically includes kosher-sensitive ingredients such as glycerin and flavors, and since the person imbibes the liquid/vapor, Rav Schwartz said that the liquid must be certified as kosher. We contacted a number of manufacturers who claim to use only kosher raw materials but there is no independent agency who certifies that claim, and therefore we are unable to recommend those products. [As with all medical issues, one should consult with their doctor before deciding to use or not use electronic cigarettes.]”
The Talmud (Avodah Zara 66b) discusses the use of a bas tiha, which is a straw-like tube (see Tosafos Ibid) introduced into a barrel of wine and used to inhale via the mouth the vapors of non-kosher wine in order to determine whether the wine is satisfactory. Rava, permits because reicha lav milsa or scent is nothing. Shulchan Aruch (Y.D.108:) rules leniently.
Piskei Teshuvos (467: 9) quotes different opinions in regards to smoking in Pesach, but concludes that kosher certification is needed for cigarettes or tobacco that may contain chometz.
Horav Shlomo Miller’s Shlit’a opinion is to be stringent unless one knows that the ingredients of the liquid in the e-cigarretes are not chometz. It is different than the “bas tiha” above, since the smoker enjoys the vapors he absorbs in his mouth.

Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit’a.


Posted 4/7/2017 5:40 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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# 1302 Bear In Mind Smokey The Bear
Q. My baby got as a present a stuffed bear, best described in the instructions as; “Filled with 100% natural wheat and lavender, it can be safely warmed or chilled at will. Use to soothe, comfort and relax with The Cozy Collection animals. Each animal is lovingly filled with 100% natural wheat and gently scented with dried French lavender. After just 2 minutes in the microwave, they heat up to release a wonderfully warm, calming aroma.”
My baby got used to the toy and needs it to fall asleep. I doubt the stuffing is edible. Can we use it in Peisach?

A. Besides stuffed toys, wheat heat bags have been used for many years as an inexpensive, convenient and reusable winter warmer and as a heat treatment for sore muscles.
What is the status of the wheat in them in regards to chometz, may not be so easily determined as processes change from one manufacturer to another and also from time to time. An indicator that it may still be edible at least for insects, are the complains of some customers in regards to bug infestations. (see http://katu.com/archive/really-gross-mom-finds-bugs-infesting-daughters-stuffed-animal-11-20-2015 – It baffles however, how the insects survived the microwave heating). Also the fact that there are warnings for children affected with gluten allergies (see: https://blog.foodallergy.org/ 2016/02/17/ consumer-alert-toys-may-contain-hidden-allergens/).
Horav Shlomo Miller’s Shlit’a opinion is that in principle the stuffed toys may be compared to the case of a block of chametz that was designated for seating on it, that Shulchan Aruch (O.H. 442: 9) permits to use on Pesach. Mishna Berura (ibid. 41, 42) explains that Poskim maintain that two requirements have to be met. Firstly, it has to be designated completely and solely for a use that is not food and annulled from being an aliment. Secondly, it has to be totally covered. When these two conditions are met, even if it is still edible, one may use it during Pesach. The stuffed toys may just meet the above conditions.
However, the Rov Shlit’a recommends replacing the bear with a similar toy stuffed with synthetic materials that perform better and are safer.
Besides, the issue of Pesach, insect infestations and allergens, there is a safety warning on these toys. It has been found that children’s cuddly toys containing wheat bags needed only a few minutes in the microwave to pose a potentially deadly threat to consumers. in the wake of reported house fires and bodily injuries. Tests showed that a typical wheat bag was heated for just two minutes (at full power in an 1100W microwave oven). The outer material was a comfortably warm 50-55°C, but the internal temperature reached well over 70°C. Even higher temperatures were measured after another minute of heating. After a few minutes the wheat bag was steaming hot, and after seven minutes it began to smolder. The microwave was stopped after eight minutes because of intense and noxious smoke. The toy measured over 200°C. (see; https://www.choice.com.au/about-us/media-releases/2013/june/winter-wheat-bag-warning). Chamira Sakanta Meisura,


Posted 4/7/2017 5:38 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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# 1301 A Golem Shaileh?
Q. My son has put together a robot that can be commanded on line from far, It carries a camera that can be moved to reach over five feet and move in all directions. The images we get on line are clear and can be focused to see things in detail.
We find impossible to do bedikat chametz at our cottage on the night of the bedika, since it is too far, and we are planning to visit the cottage on Chol Hamoed. Is it better to go to the cottage another prior night and do the bedika without a bracha, or can we use the robot? The cottage was thoroughly cleaned and the end of the summer. If permitted can we do a bracha?

A. You did not clarify if the homemade robot can open cupboards, closets or drawers, but it is unlikely
It is probably also limited in inspecting underneath or in the back of beds and the rear of a fridge, and other heavy furniture etc. etc. that requires some force. An then, what happens if he does find some chometz?
The use of robotic house cleaners and sweepers is common today, as is the inspecting of robots in warehouses, and their use for bomb disposal operations. Although, they may well serve as helpers in cleaning a house for Pesach, they obviously cannot replace the human abilities at this stage. (undoubtedly in the not so far future, this will become an important shailah)
Therefore, for now, Horav Shlomo Miller’s opinion is that you should travel earlier to the cottage and perform a proper bedikas chometz without a brocho.

Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit’a



Posted 4/7/2017 2:48 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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# 1300 No Yachatz Between Karpas and Maror?
Q. It is brought down that when reciting the bracha of "Borei Pri Ha'adama" on the karpas one should specifically have in mind that this bracha should exempt the maror that will be eaten later on. (See Mishna Berura siman 473:55)
Question for the rav shlita: The marror is usually lettuce, and lettuce is something that is part of the meal and anyway would be exempted by the hamotzi. (?)
Also, if the marror is eaten 2 or 3 hours after the karpas, due to the lengthy discussion of the Haggada, and the karpas has already been digested (it is past shiur ikul), how will the bracha on the karpas cover the lettuce? There are opinions that the bracha rishona ceases to be effective after shiur ikul has passed!

A. Eishel Avrohom (2: 473) rules that if one forgot and didn’t have in mind to exempt the maror with the ha’adama brocho recited on the karpas, he should not repeat the brocho on the maror, since many Poskim indeed maintain that one does not recite ha’adama in principle on the maror, as it is considered part of the meal. Same would apply if he said bore nefashos after eating karpas.
The required intention on the karpas is only a stringency to comply with all opinions. Still, Piskei Teshuvos (473: n. 139, 475: 7) quotes from the Sheloh and Ya’avetz not to be mafsik and interrupt with idle talk or by exiting the room, between eating karpas and maror. He points out that this is mainly due to the need of maintaining proper decorum and no chatzitza in the kedusha of the night.

Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit’a


Posted 4/7/2017 1:43 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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# 1299 Search Or Destroy?
Q. If the father searches for chometz and the son burns it next day, who recites the bracha of Al biur Chametz, the father since he owns the chametz or the son who actually burns it?

A. The Brocho is made for the bedika and the subsequent burning of the chometz. However, as the Rema rules (O.H. 432: 2), and the Mishna Berura (ibid 13) explains and maintains in the name of the Achronim, even if one did not find any chometz at all, it is not a brocho in vain, since he did the perform the required bedika after all.
Therefore, Horav Shlomo Miller Shlit’a explains, the father should recite the brocho “al biur chometz”, since he is doing the bedika. He should ask his son to join him and listen to the brocho with the intention of performing the biur or burning next day (and helping in the search). He should also appoint him as his shaliach or agent for the burning of the chometz next day.

Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit’a


Posted 4/7/2017 1:29 PM | Tell a Friend | Ask The Rabbi | Comments (0)



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