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

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# 1004 You Must Hear This
Q. Can you give an aliya to a mute individual?

A. Poskim rule that a mute should not be given an aliya since he cannot recite the brochos. Keren Ledovid 27, Shevet Halevy 7: 20, Yad Bekrias Hatorah 24: 3.)
However, Pri Megadim (M.Z. 140: 2) is lenient on the case of a distinguished and honourable leader of the generation, in that someone else should recite the brocho for his sake, and he will comply as “shomea keone.”
Poskim write that even if he is able to communicate by moving his lips, he should not be called to the Torah reading, since he cannot recite the brocho (Minchas Shlomo 1: 34, see also Tefilo Kehilchoso 8: n. 81)
Horav Shlomo Miller's Shlit"a opinion is similar. However, he added that if the mute can express vocal sounds that his likewise stricken companions familiar with him would understand, it is considered enough of a verbal language for receiving an aliya.

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


Posted 2/28/2016 11:21 AM | Tell a Friend | Ask The Rabbi | Comments (0)


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# 1003 Torah for the Untaught
Q. Is one permitted to receive an aliyah if one cannot (does not know how to) read along with the baal koreh?

A. Remo (O.H. 139: 3) disagrees with the Mechaber and rules like the Maharil that nowadays we may give an aliya to a blind person (see prior question) as we give an am haaretz (an ignoramus.) Mishna Berura (ibid. 13) explains that although he does not know how to read, he still complies because of “shomea keone” (listening is the same as saying.) Biur Halacha (beginning of s. 141) further elucidates that this is a special dispensation for the blind and the uneducated, to avoid public embarrassment and for maintaining the peace.
Piskey Teshuvos (ibid. n. 31) discusses and quotes opinions as to how an ignoramus that does not understand the Torah words being read and does not even comprehend the meaning of the brocho he recited from a transliterated Hebrew card, can fulfil the minimum requirements for an aliya. Therefore Poskim recommend to call an am ha’aretz only for the hosafot or extra aliyos given on Shabbos.
Horav Shlomo Miller’s Shlit”a opinion is that if he believes that Torah is G-d given, in need you may give him a regular aliya.

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


Posted 2/28/2016 11:16 AM | Tell a Friend | Ask The Rabbi | Comments (0)


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# 1002 I See The Answer
Q. Can we call to the Torah a blind person?

A. Shulchan Aruch (O.H. 139: 3) rules that the blind are not called for an aliya since one may not read the written Torah from memory. However, Remo (ibid.) quotes Maharil, that nowadays since the Ba’al Koreh reads from the Sefer Torah itself, the blind are called and comply because of “Shomea Keoneh” or hearing is like saying (Mishna Berura ibid, 12).
Teshuvos Vehanhogos (5: 55) writes that they should better be granted an aliya in the added “hosofos.” Piskey Teshuvos (ibid. 6) quotes similar opinions.
Ase Lecha Rav (6: 20) quotes that the Sephardic congregations in some places may maintain the rule of the Shulchan Aruch above. Pachad Yitzchok (E.Suma) and Kaf Hachaim (ibid) also quote different Sephardic traditions.
Tzitz Eliezer (11: 10: 2) and other Poskim recommend not to embarrass the blind, especially when they have a chiuv (obligation) to get an aliya, they are Talmidei Hachamim or elderly individuals.
Horav Shlomo Miller’s Shlit”a opinion is similar.

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


Posted 2/28/2016 11:12 AM | Tell a Friend | Ask The Rabbi | Comments (0)


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# 1001 A Big Little Sefer
Q. How big does a sefer have to be for the purpose of this mitzvah? (writing a sefer on the internet- see prior question 1000)

A. The Talmud Shabbos (115b) teaches that an old Sefer Torah that has a minimum of eighty five surviving kosher letters should be saved on Shabbos from being destroyed by fire. Also, the minimum size for a Sefer Torah to contaminate with Tumah the hands that touch it is eighty five letters (Yodaim 4: 5.) The above is deduced from the small parsha of “Binsoa Ha’aron” (Bamidbar 10:35) that is considered as a complete sefer.
Horav Shlomo Miller’s Shlit”a opinion is similar.

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


Posted 2/26/2016 4:43 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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# 1000 Virtual and Real Sefer
Q. Can one fulfil the mitzvah of writing a Sefer Torah these days by writing a sefer on the internet that is open for all to learn from and to download?

A. The opinion of the Rosh (beginning of Hilchos Sefer Torah, quoted in Tur (Y.D. 270,) Shulchan Aruch (ibid. 2,) is that in our days when it is not common to learn directly from a Sefer Torah, but rather from printed texts of Chumashim, Mishnayot, Talmud and all other sefarim, the main mitzva of writing a Sefer Torah is accomplished when you acquire those seforim. Poskim disagree if today according to the Rosh there is still a mitzvah to write a Sefer Torah.( Perisha, Taz and Shach Y.D. 270: 4 – 5, Piskey Teshuva- ibid. Chayei Adam 31: 50.) Many Poskim maintain that although there is still a mitzva to write a Sefer Torah, priority should be granted to having seforim that we can learn from; After all the Torah itself writes that the reason for writing a Sefer torah is to teach the Bnay Yisroel. (Devarim 31: 19)
The Rosh does not mention that the mitzva is necessarily to author a new sefer; or to write or print one either. Rather you have to acquire them so you can learn from them. Poskim debate whether acquiring seforim that will not be used is a mitzva at all or if when one has already free access to available seforim in a Beth Midrash or library, if there is still a mitzva to obtain one’s own private seforim (Yikra Deuraisa p.21.) Undoubtedly, when authoring seforim that are needed, you comply with the mitzva of Kesivas Sefer Torah according to the Rosh.
Horav Shlomo Miller's Shlit'a opinion is that if you write or make available already published sefarim (without infringing on the author's rights) and post them on the internet where they will be used more readily or will have better and greater access than what is available now, you fulfill this mitzva according to the Poskim that follow the opinion of the Rosh.

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



Posted 2/24/2016 2:14 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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# 999 Ador To Ador Service
Q. If someone has yortzait in Ador, (father died in a single month year) and when they are two Adors he keeps both yortzaits for kadish. Which is the most important for the purpose of making a siyum?

A. Shulchan Aruch (O.H. 568: 7) maintains that the second Adar preempts the first for fasting on a yortzait, for someone while the Remoh (ibid,) sustains the first Adar, but recommends to keep both.
While Mishna Berurah (ibid. 41) follows the Remoh, Chasam Sofer (O.H. 163) and other Poskim maintain that the second Adar is primordial in reciting Kadish.
The minhag today is to recite kadish on both and to lead the service when not in conflict with others, also on both days.
Horav Shlomo Miller’s Shlit"a opinion is that if possible he should make a siyum on both days; otherwise he should choose the second Adar.(See also question 996.)

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


Posted 2/21/2016 1:02 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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# 998 Do Donate
Q. Additional related question : I bought a Sefer for the women to learn during Kiddush on Shabbos... for an Aliyah for his (my father) Neshama - Is it better to donate it with a note that's it's for his Aliyah Neshama or better to loan it out to the N'shei with that note?  Someone mentioned if I donate it then only that one time is for his Aliya vs when it is loaned out, each time it is opened it is for an Aliyah.  Thank you.


A. Horav Shlomo Miller's Shlit'a opinion is that it may be better to donate it, since it is more likely that it will be used constantly, as you may occasionally be absent or may forget to loan it.
The merit is the same regardless if donated or loaned, as long as it is being used and promotes the knowledge of Torah values for women.

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


Posted 2/19/2016 3:45 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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# 997 Clean and Clear
Q. 2 shailos on liquid soap;
1 Is it muttar to use lkiquid soap on Shabbos
2. If yes what about liquid soap that changes from a liquid to a foam
Kol Toov

A.  Remoh (O.H. 326: 10) prohibits using solid soap that dissolves into the water used for washing since it involves creating a new presence and this constitutes “nolad,” (born.)
Nolad refers to things that come into existence on Shabbos, for example breaking ice in order to produce water prohibited by the Talmud (Shabbos 51b.) Sefer Hat'rumah and Remoh, (318: 16 - see M”B 320: 35) explain that the reason is creating a new being.
Other Poskim prohibit because of “memachek” or smoothing which is one of the thirty nine melochos or labours forbidden on Shabbos.
Yechave Daas (2:50 ) permits the use of a bar of soap, because the user has no intention of changing anything; he only intends to clean what he is washing. However, Igrois Moshe (O.H. 1: 113) is stringent in the use of even liquid soaps that can be further diluted.
Most Poskim maintain the prohibition on solid bar soaps but permit the use of free flowing liquid soaps, including the foam or bubbles unintentionally created.(Aruch Hashulchan 326: 11, Ketzos Hashulchan 146: 32, Bris Olam – Memachek 5, Beer Moshe 8: 248, Shemiras Shabbos Kehilchaso 14: 16, et. al.)
Horav Shlomo miller's Shlit'a opinion is that free flowing or diluted liquid soap is permitted when needed.

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


Posted 2/19/2016 3:44 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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# 996 Doubtful Date of Date with Death
Q. When is the yortzait of Moishe Rabeinu and when does the Chevra Kadisha make their seuda this year with double Adar? There seems to be some incongruity within the Chevros, since some do it on the first Adar and others in the second. What is Horav Miller opinion?
If it is on the second Adar, why is it that we read Parshas Tetzave which is meramez by the name of Moshe Rabeinu missing to his petirah and yortzait?

A:   On question 474 in this forum answering a similar query we wrote:
“ Remoh (O.H. 568: 7) quoting Maharil and Mahari Mintz, rules that in regards to a common yortzait, the custom is to fast on the first Adar. However, Bais Yisroel (92) maintains that the yortzait of Moshe Rabeinu is observed on the second Adar. His reasoning is based on Talmud (Meggila 13b) that relates the miracle of Purim to the yortzait of Moshe Rabeinu and since Purim is celebrated on the second Adar so is his yortzait. Hilchos K'tanos (2: 173) also maintains that it is kept on the second Adar since our sages teach that, Hashem fulfills the years of the just until the last day (Rosh Hashana 11a), if the year he past away was a leap year, it would have occurred on the second Adar. (See also Yaaros D'vash 2 p. 140 and Shilas Yavetz 1: 117))
Horav Shlomo Miller Shlit'a pointed out, that although it is custom for the chevra kadisha societies to fast and commemorate their traditional seudah on the seventh day of second Adar, Mishna Berura (580; 15) mentions that the fasting for Moshe Rabeinu's yortzait is on the first Adar.”

Indeed, Imrei Pinchas (p.130) elucidates that Zain Adar should be commemorated on the first Adar, since it then coincides with Parshas Tetzave. As the Ba’al Haturim explains that Moshe Rabbenu’s name was omitted to comply with the “Erase me from Your sefer” dictum.
However, many Poskim maintain that Adar Sheni is main (Sheilas Yavetz 1: 117 quoting his father the Chacham Tzvi, Chasam Sofer O.H. 163, Melamed Lehoil 113,2, et. al.) Nitey Gavriel (Purim 13: 4) writes that some observe both dates.
There is a further disagreement of our sages as to when Moshe Rabbenu was niftar. If it was a year with two Adars and in which of the two was his petirah. (Yalkut Yehoshua ch. 5) as there is also a disagreement when he was born (Sota 12b.) There are also different opinions as to if he passed away on the same Adar he was born. (Hilchos K’tanos 2: 173, Ya’aros Devash 2: p. 140)


Horav Shlomo Miller’s Shlit”a opinion is that in principle each Chevra Kadisha should consult with the competent Rabbi in charge of the group and follow his opinion. When that is not an option, they should follow the already established minhag they have. If it is a newly created Chevra, they should follow the tradition of the majority of the established chevros in the city,


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


Posted 2/19/2016 11:58 AM | Tell a Friend | Ask The Rabbi | Comments (0)


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# 995 Enlightening Shabbos Lights
Q. According to Rav Sholomo Miller Shlita, can I use a fluorescent light to fulfil my obligation for Ner Shabbos, with a brocha?


A. Poskim disagree if you comply with the mitzvah of lighting Ner Shabbos using incandescent bulbs and if you can recite a brocho over them.
Some permit with a brocho in need (Beis Yitzchok Y.D. 1: 120, Melamed Leho'il 47, Az Nidberu 3: 1,Yabia Omer O.H. 2: 17,Yechave Daas 5: 24, Hachashmal Leror Hahalacha 3: 6.)
Others permit in need without a brocho. (Har Tzvi O.H. 1: 141 – 2: 114: 2, Mishne Halochos 5: 91)
Some Poskim maintain that incandescent bulbs should not be used at all.(Ohel Yitzchok 5668: 3, Levushey Mordechai O.H. 3: 59, Pekudas Elozor 22, Mishpetey Uziel O.H. I; 7.)
Others permit when a battery is used (Ohr LeTzion II:18, Horav S. Z. Auerabach zt"l - Shemira Shabos Kehilchoso 43 n. 22), Horav Tzvi Pesach Frank (in a letter by Rav Ya’akov Ariel) .
On fluorescent lights some Poskim maintain that in need, when no other bulbs are available they can be used without reciting a brocho, (Hachashmal Leror Hahalacha 3: 6. Teshuvos Vehanhogos O.H. 63) Others assert you can also say a brocho. (Sh'vus Yitzchok 3 and Likraas Kalah p.41, quoting Horav Eliashiv)

Horav Shlomo Miller's Shlit'a opinion is that you can only recite a brocho in need on a battery powered tungsten filament light. On fluorescent or on tungsten filament bulbs connected to the grid, you can light when regular candles are not available, without reciting a brocho.The reason is that fluorescent provide their light via the electrically-excited gas contained and are totally dissimilar to the original candle light on which the brocho was instituted.Tungsten filament bulbs, although somewhat similar to candles in that they at least have a burning filament comparable to a wick, they do not contain on their own the energy to stay lighted. That electricity is constantly being generated and you may not make a brocho on fuel that is not yet here, unlike the electricity already stored in batteries.

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



Posted 2/18/2016 10:51 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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# 994 Shacharis Sleep?
Q. If I skip a major portion of the middle of the first brocha of kerias shema, in Sharcharis, I have I still fulfilled my obligation?


A. Horav Shlomo Miller Shlit"a opinion is that if you said the beginning of the brocho (Yotzer Or) properly and the end (from LoE-l until the end) correctly, you may have fulfilled your obligation, and you should not repeat it. You should try to find someone who has not yet recited this brocho and ask him to have the intention to be “moitze” you when he says it and you listen.

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


Posted 2/18/2016 2:50 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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# 993 You Call This Work?
Q. How come it is forbidden to work on Shabbat, but then Rabbis get paid to conduct Shabbat Services?

A. Only the thirty nine labours and their derivatives, including rabbinical injunctions, are prohibited on Shabbath. Teaching Torah, conducting liturgical services, answering faith related questions and performing mitzvos are all tasks that are not only permitted but also encouraged to be done specially on Shabbath.
You are right in that there is a rabbinical ban on being remunerated for any work done on Shabbath or Yom Tov. However, the prohibition applies only when one is paid for the work done only on those days. When one is compensated for work also done in weekdays together (Behavlaa) with Shabbath and Yom Tov, it is permitted. ( Shulchan Aruch O.H. 306: 4, 246: 1, 243: 1)

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


Posted 2/14/2016 11:26 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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# 992 Don't Fire the Rabbi
Q. How come once I was at a dinner at a synagogue on Shabbat and a small fire started accidentally on the table and instead of the safe thing of putting it out, the rabbi made a poor waitress take it out on a plate (as it was burning on the plate) Is this right, to endanger the life of others? What if she tripped?

A. Horav Shlomo Miller Shlit”a pointed out, that in generations past everyone would be carrying for illumination purposes sizable candle-holders and torches (during weekdays.) We may still do it today on Yom Tov, when we move the candles from the Suka etc. There is no great concern of tripping or endangering others when done carefully. Then again, it depends on the actual case.
Presumably, the rabbi decided that there was no need to extinguish the fire which is prohibited, when other viable options exist, such as just asking the Gentile waitress to remove immediately the small fire now contained in the plate.
 Instructing the waitress to take out the plate may be considered a “Shevus Deshvus” or incurring into two interdependent rabbinical prohibitions. One is asking the Gentile to do a prohibited task, and moving the plate with the fire on it, which could be muktzah, if the candle or other burning object already were on the plate from sunset. This is permitted in need or for the sake of a mitzvah. (Shulchan Aruch O.H. 307: 5, 328: 10 et al.)

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


Posted 2/11/2016 11:47 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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# 991 Raise Your Voice - Raise Your Level
Q. How come some buildings have Sabbath Elevators but then the Jewish People who don't want to wait for the elevator, ask others to push button for them? Isn't this against the laws of Sabbath? If this could be done, why have a Sabbath Elevator? I simply tell them no, it is against the Torah.

A. Indeed, it is prohibited to ask even a Gentile to do a prohibited task on Shabbat. However, if the Gentile is going anyway to the same floor, you may ride with him, since he is pressing the button for his own use, not for you, (there may be other issues involved, such as different sensors that you may activate unwittingly; in practice a competent rabbinical authority should be consulted with the particular details on each case.)
If a non observant Jewish individual is the one pressing the button, you may not use the elevator with him, as you would be benefiting from prohibited work done on Shabbat.

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


Posted 2/11/2016 2:12 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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#990 Let The Joy Begin
Q. When does the Marbim Besimcha begin, on the first or second Adar? Is it already an auspicious month for business ventures?

A. See question 472 in this forum. Poskim disagree if the increase in simcha, joy and favourable mazal, apply to the first month of Adar or no.
Sheilas Ya’avetz, (2: 88) Teshuva Meahava, (2: 301) Shevet Halevy (10: 105) et. al., maintain that it it begins only in the second month of Adar.
However, Chasam Sofer (C.M. 20 – on the date of the teshuva, Chashukey Chemed Megila 6b,) Kedushas Levy (Ki Tisa,) Rav Tzodok Hacohen zt’l in Likutey Ma’amorim (16,) Sfas Emes (likutim on Rosh Chodesh,)
Derech Sicha, (Miketz p. 188,) Nitey Gavriel, (Purim – Teshuvos 2) et. al., opine that it begins from the first Adar. Nitey Gavriel (ibid. 464) quoting the Munkatcher Rebbe, adds even from Tu Bishvat. Some maintain that it includes also the month of Nissan.
There is a disagreement as to the opinion of Horav Eliashiv zt”l, (Kuntres Halichos Vehanhogos quotes that there is a mitzvah, Chashukey Chemed ibid. seems to disagree,)
Horav Shlomo Miller’s Shlit’a opinion is that it would seem from the last words of the Remoh (O.H.697: 1) that it is at least a mitzvah.

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


Posted 2/10/2016 12:37 AM | Tell a Friend | Ask The Rabbi | Comments (0)


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# 989 Take an Oath?
Q. One of the duties of my new position as clerk to a judge in the provincial court will be to administer oaths with a bible. I was wondering whether this is permitted as it may be with a Christian bible.
Even if it will be with the Old Testament, will I have any achrayus (responsibility) if the person is lying?
Even if he is saying the truth shouldn’t swearing stam be avoided?
I am also concerned, as the pizmon a clerk says, ends with “so help me G-d,” and it is asor (prohibited) to say Hashem’s name in English.
I would like to point out, that as the judge is respectful to our religion, I am not concerned that my inability to perform the above due to religion will affect my job.

A. Horav Shlomo Miller's Shlit'a opinion is that if you provide a clear option to the individual to be sworn in, that he can choose not to take an oath but to affirm instead, and he can also choose the religious book that represents his particular faith which includes the Old Testament, it is permitted to administer the oath. There is no “Lifney Iver” prohibition, since the individual has a clear choice to do the correct act.
The prohibition of "Lifney 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 offence. 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.
However, if the clerk became aware that the individual to be sworn in is Jewish and wants to take his oath on a Christian Bible, there may be an additional concern of helping someone do a prohibited act.
Tosafos (Shabbos 3a) and Shach (Y.D.151:6) mention, that there is a distinct 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 799 and 207 in this forum)
The name “G-d” does not necessarily invoke avoda zarah, as it could be referring to the true Master of the Universe. There is also no prohibition to mention the name of Hashem in any other language when needed for the right purpose and with the correct intention.

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


Posted 2/10/2016 12:22 AM | Tell a Friend | Ask The Rabbi | Comments (0)


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# 988 Hot Shaileh
Q. If a Jewish individual lighted a fire, and then the Gentile put the pot (with meat) on the fire. The food had NOT yet cooked one third, when the Jew turned off the fire. Then the Gentile turned the fire on and completely cooked the meat, is the meat prohibited because of Bishul Akum*?

A. Horav Shlomo miller's Shlit'a opinion is that it is permitted, if the meat did not get cold yet (50º C or at least 45º C, not lower). It would be then considered still being cooked by the original Yisroel.

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

*A Rabbinic prohibition of eating certain foods when cooked by Gentiles. It is part of a set of decrees instituted to prevent intermarriage and assimilation.


Posted 2/9/2016 11:24 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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# 987 Together But Poles Apart
Q. For the purpose of Halacha, (following the above shailes on dateline, see questions above) what does someone do when he finds himself at one of the Earth Poles in regards to Shabbos and mitzvos observance? Do we follow the Geographic or the Magnetic Pole?

A. One of the main reasons why a dateline is essential, as explained by the Poskim, is to avoid the case of two individuals that began traveling around the globe in opposite directions and then convened again, having to observe Shabbos together on different days. However, the above cannot be avoided at the poles, where two travelers that originated from different date zones, may indeed be keeping Shabbos together in different days. The same may apply to one traveling in a boat and meeting a fellow traveler on another vessel coming towards him at exactly one of the datelines. However, Horav Shlomo Miller Shlit’a explained, that due to the unusual and uncommon probability of the happening, we do not take it into consideration. He added, that the same may apply to the poles.
The Rov Shlit’a also clarified that we follow usually the geographic poles.

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


Posted 2/8/2016 1:21 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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# 986 Are you Shore of This?
Q. There was mention (in a recent shiur on the Halacha dateline – see question 982 and 983) about how far according to the Chazon Ish the waters close to the shore are considered like the land. What was the final p’sak of Horav Miller Shlit”a?

A. Horav Shlomo Miller’s Shlit”a opinion is that any island, vessel or individual found on the area of a Techum Shabbos (2000 amos or approximately one kilometre) from shore, should follow that same date. We find that Techum Shabbos creates an area of belonging and of being part of the city, in regards to the reading of the Megilah (Talmud Megilah 3b, Shulchan Aruch O.H. 688). The above also applies to the rulings, decrees and taxes imposed on the city (Shiltei Hagivorim - Bava Basra 11a on Ri”f, Maharam Alshich 59). Chaukei Chemed ( Gittin 4b .) applies the above to the acceptance of an early Shabbos time.
The Rov also considered the distance of sixteen mil (approximately sixteen kilometres) mentioned in regards to separating ma’aser from animals as one single distinct entity. The Talmud (Bechoros 54b.) explains all sheep herded in an area that is visible to the naked eye, are to be seen as one flock. Poskim disagree if this means an observer standing in the middle of a imaginary circle of a radius of eight mil creating a total area of a sixteen mil diameter (Tiferes Yisroel - Mishna ibid.- Chasdei Yehonoson) or actually it means that one can see as far as sixteen mil, and the area is double (Shvus Yaakov 3: 31 et. al.)
This amount of space applies also to other Halochos that depend on visual contact. Igrois Moshe (O.H. 3: 85) debates whether it applies to rending one’s clothes when approaching Yerushalaim nowadays, for one that resides within that distance and is constantly in visual contact. Similarly, Betzel Hachochma (3: 40) depends this shiur for the brocho recited when seeing a kever or cemetery after thirty days.
Horav Shlomo Miller’s shlit’a opinion is that within sixteen mil distance from the shore, it may be considered at least in doubt of belonging already to the date observed on shore. Therefore, if in the main landmass it is Shabbos, anyone within that distance, should be stringent in its observance.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a


Posted 2/5/2016 3:48 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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# 985 Where is My Day of Joy?
Q. Where in the Torah does G-d command us to observe Shemini Atzeret & Simchat Torah as a holiday?

A. On Vayikra (Leviticus 29: 39) “But on the fifteenth day of the seventh month, when you gather in the produce of the land, you shall celebrate the festival of Hashem for a seven day period; the first day shall be a rest day, and the eighth day shall be a rest day. And on Bamidbar (Numbers 29: 35) “The eighth day shall be a time of restriction (Bayom Hashmini Atzeres) for you; you shall not perform any mundane work.”

The 22 day of Tishrei, the day after the seventh day of Sukos, is the holiday of Shemini Atzeres. In Israel, Shemini Atzeres is also the holiday of Simchas Torah. Outside of Israel, where two days of Yom Tov are held, only the second day of Shemini Atzeres is Simchas Torah:

Sh’mini Atzeret is not the eighth day of Sukkot; but a Yom Tov of Pilgrimage on its own accord (Rosh HaShanah 4b, Suka 47a, Chagiga 17a et. al.)

Simchas Torah is not mentioned in the Torah itself. The name Simchas Torah is relatively new. One of the early sources is Darchei Moshe (O.H. 669: 3) who cites Maharik responsa (26) quoting from the Geonim the custom of dancing on the Yom Tov of Simchas Torah.

However, it goes back even further. Horav Shlomo Miller Shlit'a pointed out that the Talmud (Megila 31a) tells that they would finish the reading the Torah on that day.

Remah in Shulchan Aruch (O.H. 669: 1) mentions that we call the day Simchat Torah, since we rejoice when we finish reading the Torah. Biur Hagrah (ad loc.) cites as the source the Midrash Rabbah at the beginning of Koheles. Besides other Midrashic sources, Simchat Torah is also mentioned in Zohar (Pinchas 256) and Tikuney Zohar (Tikun 21)

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



Posted 2/4/2016 2:49 PM | Tell a Friend | Ask The Rabbi | Comments (0)



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