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Have a question? Send it in! Questions are answered by Rabbi Bartfeld.
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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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# 1468 Two Ways About It
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Q. Thank you very much for your response. (See question 1442).
Would the same be if my son in law came to my home for Shimi Atzeret, when I do not eat in the sukkah, would he not eat in the Sukkah to follow my custom (when his custom is to eat in the sukkah)?
Thank you,
A kesiva V'chasima Tova.
A. Horav Shlomo Miller’s Shlit’a opinion is that on that case he would have to follow his tradition and eat in the suka, to comply with the mitzva of eating there.
It is not the same doing an unnecessary mitzva according to your minhag, to not complying with a necessary mitzva, which is your son in law’s situation.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a.
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Posted 10/10/2017 3:03 PM |
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# 1467 Aiming For The Stars
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Q. Can I place evergreen schach very thick on the suca to keep the cold out and just leave a corner not so thick where you can see the stars? (If it rains the water would still get inside after a while).
A. Although Shulchan Aruch (O. H. 631: 3) rules that on the onset the schach should be light enough so that the stars could be seen at night, Mishna Berura (ibid. 5) quotes Darkei Moshe and Maharil. that one may place thick schach, since at least on some places one will probably the stars. He also quotes Bikurei Yaakov, that the fact that he will be more comfortable and warm with thicker schach and not be mitztaer when suffering from the cold, preempts being able to see the stars. However, care should be taken no to overly cover the suka to the point that no rain will penetrate, since that suka will become pasul, (Magen Avrohom ibid.). Maamorei Dovid (631) permits when the shiur of a small suka (seven by seven tefachim) is left with thinner schach.
Horav Shlomo Miller Shlit’a stresses that when placing thicker schach the intention when covering the suka should remain also to provide shadow and not only to insulate from the cold, since that is the essence of the suka.
Rabbi A. Bartfeld as Revised by Horav Shlomo Miller Shlit”a
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Posted 10/9/2017 3:40 PM |
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# 1466 Nailing It Down
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Q. Dear Rabbi, I’m wondering, while building the sukka, can I use a nail that sticking out of the wall of the sukka as a hook to hang my jacket? How about during Yom Tov?
A. The prohibition of not deriving benefit from noi suka decorations, begins with the onset of Yom Tov not before.
Horav Shlomo Miller’s Shlit”a opinion is that nails that support the suka although not considered decorations are part of the suka and therefore muktze lemitzvoso, yet they can be usually be used as one would use his home, as the mitzva is “teshvu kein taduru,” living in the suka, as one would do at home.
A nail placed for the purpose of hanging a decoration, but is not being used so now, can be used for the needs of one using the suka. (See similar rulings in Hilchos Suka 12: 14, and Halichos Shlomo 8: n. 28)
Rabbi A. Bartfeld as Revised by Horav Shlomo Miller Shlit”a
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Posted 10/9/2017 3:31 PM |
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# 1465 It Doesn’t Add Up
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Q. Can I eat in the sukka while building it or when taking it apart after Yom Tov? Is that Baal Tosif?
A. Baal Tosif only applies when someone has intention to add days or situations that were not commanded by the Torah and treat them as if they are part of the mitzva, when they are not.
Rabbi A. Bartfeld as Revised by Horav Shlomo Miller Shlit”a
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Posted 10/9/2017 3:29 PM |
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# 1464 Public Enemy
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Q. A video of a somewhat elderly woman doing kapparot with a chicken for her two dogs went viral, and many people kept on re-sending to their friends. The woman seems to be unaware that someone is recording her. Was it permitted on the beginning to record her without her knowledge and consent? And can someone, after it became so publicized, send it again to others?
A. Horav Shlomo Miller’s Shlit’a opinion is that not only it was prohibited for the initiator to place the video on the internet without the informed consent of the person being recorded, but it is also a transgression to further forward the video to others, even when it has already been widely publicized and spread on the web. The reason is that one further creates additional embarrassment and shame every time someone else becomes aware of the humiliating act recorded.
The fact that it is increasingly more common to be recorded when on public property, does not provide a heter or give permission in the eyes of Halacha, to publicize the filmed event.
Rabbi A. Bartfeld as Revised by Horav Shlomo Miller Shlit”a
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Posted 10/4/2017 1:41 PM |
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# 1463 Fast Cut Before Fast
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Q. If one is makpid to get a haircut only on days when doing so is a mitzvah (erev Shabbos and yom tov), may one do so on erev Yom Kippur? I have not seen anywhere that getting a haircut Erev Yom Kippur is a mitzvah, unlike erev Shabbos or other erev yomim tovim.
A. Although taking a haircut on Erev Yom Kipur is mentioned in regards to an ovel (see Rambam H. Ovel 10: 8), indeed it seems to be disregarded for others.
Horav Shlomo Miller’s Shlit’a opinion is that most people would cut or trim their hair before Rosh Hashana or before Sucos, as mentioned in Shulchan Aruch. Thus it would be uncommon and unnecessary on Erev Yom Kipur, when time is of the essence. However, if someone needs a haircut, or in the case of a Cohen Gadol, who trims weekly, he would do so on Erev Yom Kipur too.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 10/4/2017 1:32 PM |
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# 1462 Height Makes It Right
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Q. I was speaking to Rabbi Miller the other day on the phone (I live in Los Angeles) and he mentioned to me that pushing a stroller in a reshus harabim [public domain] is patur dorasia [not Biblicaly liable] because it is lemaleh myud tefachim [over ten palms] and no longer a reshus harabim. I would like to know if it is shayach [possible] for the Rav to ask Rabbi Miller the mekor [source] for that halacha as I am quite interested by such a sevarah, [reason], it would be a great tova [favor] for me!
A Gut Gebentchd Yur! Yasher Koach for the tremendous harbatzas Hatorah the whole year!
A. Chashukei Chemed (Shabbos 8a) discusses the proper way when in need (but not in danger of life) to take a child to a doctor or clinic on Shabbos where there is no eiruv. He suggests to wheel him in a children's carriage that has three sides ten tefachim high (opinions vary - 80 cm or 100 cm), and an inner area of more than four by four tefachim, since in that case the carriage itself becomes a reshus hayachid or private domain. The Talmud (ibid.) teaches that when carrying or throwing a kaveres or bee hive with those dimensions, one is exempt from a Biblical prohibition. This added to pushing the carriage in an uncommon way (shinui), would create a double shebus or Rabbinical prohibition and thus permit moving the child.
He further recommends that the handles should be higher than ten tefachim, since above the height of ten tefachim, the reshus harabim turns into a makom p’tur or exempt area, and the carriage becomes attached to the makom petur. He quotes Pri Megadim (Eishel Avrrohom 266: 7) as a source.
Horav Shlomo Miller Shlit’a concords with the last ruling and the children’s carriage becomes agud bemokom p’tur when the carriage handle reaches over ten tefachim, thus removing the Biblical prohibition of carrying, but still prohibited Rabbinically.
Rabbi A. Bartfeld as Revised by Horav Shlomo Miller Shlit”a
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Posted 10/4/2017 1:23 PM |
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# 1461 If The Shoe Fits...
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Q. Can you wear shoes made of alligator, shark or ostrich skins on Yom Kippur?
A. Horav Shlomo Miller Shlit’a pointed to the Talmud (Shabbos 108:1) that teaches that for the purpose of making tefilin, even batim made from the skin of fish would have been permitted, if not for other ulterior reasons, since they are actually considered as leather. See similar opinion in Maadanei Danniel (614: p. 440).
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 9/29/2017 4:48 PM |
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# 1460 Good Yom Tov Is Good
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Q. Do we greet one another with Gut Yom Tov on Yom Kipur?
A. See question 1459 above if Yom Kipur is considered a Yom Tov or no. Chassam Sofer would greet his talmidim after Maariv on Kol Nidrei night with; Gut Yom Tov (Darkei Chaim Vesholom (753), see also Nitei Gavriel 32: 1)
Horav Shlomo Miller’s Shlit’a opinion is that it is better to say a “Gut yohr” or “Gmar chasima tova.”
Horav Aharon Miller Shlit”a pointed out to Mishna Berura (623: 12) and Shaarei Tzion (ibid.:16) mentions that one should greet another with Gut Yom Tov at the end of Yom Kipur day, when they would make a customary seuda.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 9/29/2017 4:38 PM |
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# 1459 Weep For Joy
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Q. Re- question 1437 and 1438 if there is a mitzva of simcha on Rosh Hashana. Is there a mitzva of simcha on Yom Kipur? Is the day called a chag or moed?
A. Talmud (Taanis 30b) teaches that there were no greater Yomim Tovim than Yom Kipur… since it was a day of forgiveness and redemption. Rabbenu Yonah (Shaarei Teshuva 4: 8) mentions that the seudos (feasts) one celebrates on Erev Yom Kippur, are related to seudos of Yom Tov, See Sichos Rav Sh. D. Pincus (p. 287). He also mentions (p. 339) that since it is also the day of the giving of the Torah, (2nd. Luchos) it became “Beyom Simchas Livo.” Yom Kipur is also included on the two Torah chapters of the moadim and is icluded in the hekesh comparison that unites them all.
The issue appears to hinge on a dispute among the tanna'im in the mishna in Moed Katan (19a) as to whether or not Rosh Hashanah and Yom Kipur cancel aveilus. As we accept Rabban Gamliel's ruling, that "Rosh Hashanah and Yom Kippur are like the Shalosh Regalim with respect to aveilus, we may deduce that according to Halacha, the simcha obligation indeed applies on Yom Kipur too.
If someone mistakenly recited the brocho of “Lehadlik ner shel YomTov” on Yom Kipur candle lightning instead of “Ner shel Yom Hakipurum,” Poskim maintain that after the fact he complies and he does not have to repeat the brocho. (Maharam Brisk 2: 44, Kovetz Sifsei Chachomim, Hisorerus Teshuva 122, Nitei Gavriel 25: 6. See also Kovetz Halochos 28: 2)
However, Maseches Sofrim (19: 6) maintains that we do not mention (on the tefilos) on Yom Kipur that it is a Yom Tov, Moed or simcha, since there is no simcha without eating.
Similarly,Mateh Efraim (582: 2) opines that when Yom Kipur coincides with Shabbos, we recite; “Bayi beshalom… betzahala,” and omit besimcha.
As we mentioned in regards to Rosh Hashana (Q. 1437 and 1438) the shalmei simcha offerings are not brought, and there is no requirement to partake of the sacrificial meat of shelamim; and on Yom Kippur we fast.
Horav Shlomo Miller’s Shlit’a opinion is that there is a mitzva of simcha on Yom Kippur, but different than on the other Yomim Tovim.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 9/29/2017 4:32 PM |
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# 1458 A Word on Honor
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Q. Kvod Harav
Can one buy Maftir Yona for a Cohen or Levy one wants to honor? Should they just be called for their respective aliyos, stay on the bimah and then after shlishi has ended, proceed to recite the haftara’s bracha and read maftir?
A. Mishna Berura (135: 34) rules that when only three aliyos are given, a Cohen or Levy is not called for maftir, and so do other Poskim. (Shevet M’yehuda 16, Leket Hakemach Hechodosh p. 341)
However, some Poskim permit in need to give maftir Yona to a Cohen or Levy (Sefer Chaim 9. Taalumos Lev 32: p. 96, Toras Hamoadim 15: 30). Har Tzvi (1: 65) maintains that if a Cohen or Levy bought an expensive Maftir Yona and there is a great loss for the shul if it is not given to them, they may be given their corresponding aliya, and after the shlishi finishes his brocho on the Torah, they recite the brochos of and read maftir. He quotes a similar ruling from Rav Akiva Eiger zt”l (284: 4), in regards to a Cohen who can read maftir better than all others.
Horav Shlomo Miller’s opinion is to follow the rule of the Mishna Berura.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 9/29/2017 4:12 PM |
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# 1457 Not Feeling Yourself?
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Q. On question 1450 the Rav mentioned that you can’t use the image of a live chicken on a cell phone for kapparot. Can you instead, just name the fellow doing the kappara as your shaliach and agent for this mitzva?
A. Otzar Michtevei Kodesh (Bialer Rebbeh - 1: 23) maintains than in need, a husband can become a shaliach to do kapparos for his wife.
However, on Kovetz Halochos (23: 10: n. 16) Horav Shmuel Kamenetzki Shlit”a writes that although for korbanos in general a shaliach is acceptable, kapparos are different. Unlike a korban, the sacrificing of the fowl does not redeem by itself any sins at all. The main reason for kapparos rests on one taking note and focusing on that what occurs to the bird, should be actually happening to him. That thought should awaken on him the will to do teshuva (Kitzur Shulchan Aruch 131: 1), therefore there is no benefit on someone else performing the kapparos. (Although Ramban quotes that same reason for korbanos, it is only an added rational to other issues).
Ashrei Hoish (O.H. 3: 17: 11) quotes a similar ruling from Horav Eliahiv zt”l).
(Ezras Torah Luach mentions that a shaliach is acceptable).
Horav Shlomo Miller’s Shlit’a opinion is that it is better to do kapparos with money yourself, than with a chicken using a shaliach.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 9/29/2017 4:03 PM |
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# 1456 Chickening Out Of Kapores
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Q. Someone bought a live chicken from a farmer, after doing kapores for his family he was to take the chicken to a friend who is a shoichet, but he had to make a stop on the way. He got busy with something else and forgot about the chicken on the back of the car. When he returned, he realized that the poor animal had perished probably from heath stroke, as it was extremely hot in the car. Does he have to repeat kapores. Should he then give the dead chicken to a poor goy? If you are yotzeh kapores with a dead fish why can you not be yotze with a dead chicken?
A. Horav Shlomo Miller Shlit’a pointed out that Poskim disagree if after shechita the fowl turned out to be a treifa. Some require to repeat kappores (Pekudas Elozor 604, K’tzei Hamatteh ibid. 12, see also Shulchan Shlomo 1). Others (Eishel Avrohom 2: 605, Knaf Renonoh 57, et. al.) are lenient after the fact. However, when the animal was not shechted properly and it became a neveila, all agree that one did not comply (Alef Hamagen 605: 1o, Nitei Gavriel – Yom Hakipurim 13: 4).
The Rov added that he is to blame also for the unnecessary suffering of the animal, and should repent on that too. The chicken should be given to a Gentile acquaintance or friend he owes a favor to, or be used as dog food.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 9/29/2017 2:39 PM |
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# 1455 Yom Kipur Kidush Invitation
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Q. On this year when Yom Kipur is on Shabbos, should we announce that people should have in mind to be yoitze with the mitzva of Kidush when saying Vaychulu during maariv davening?
A. Horav Shlomo Miller’s Shlit’a opinion is to have intention to comply with kidush on the brocho in the maariv amida of ”Mekadesh Hashabos Veisroel Veyom Hakipurim.”
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 9/29/2017 2:30 PM |
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# 1454 Thirst For Knowledge
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Q. Kvod Harav.
Right before the beginning of the taanis, people often take a last drink of water. They are not thirsty then and it is only for preventing thirst later. Do they make a brocho on the water?
A. On question 1409, in regards to reciting a brocho when drinking water from a mineral spring that has therapeutic value and also has a good taste, we wrote;
“Poskim disagree if you drink water when you are not thirsty and you drink just for medicinal purposes, if you should recite a brocho. Some maintain that no brocho is recited, but you say a prayer for refuah. (Shaarei Halocho – Miluim 36, quoting Tzemach Tzedek). Others maintain that since after all the water is tasty, you should recite a blessing (Shoel Umeshiv 5: 23, Binyan Tziyon 10 and 3: 7, Sdei Chemed – Maareches Brochos 7). There is one opinion that even if the waters are not tasty you should express a blessing (Tehila Ledovid O.H. 204)
Horav Shlomo Miller’s Shlit’a opinion is that if someone feels a pleasant or desirable taste when drinking the mineral water (such as the bubbliness or effervescence of gas present or the flavor of the salts), he should recite a brocho even if he is not thirsty. The therapeutic value of the water is of no consequence.”
It would seem from the above that when people are not thirsty and only drink to avoid thirst later on, they should not recite a brocho, since they don’t derive any pleasure now.
However, Nitei Gavriel (Yom Hakipurim 23: 2) quotes that the Imrei Emes maintained you do recite a brocho. He explains that this may be similar to the ruling of the Biur Halocho (204: 7) that one recites a blessing when drinking water just to wash down the food one just ate. This is because he does derive pleasure and a good feeling, if not directly from the taste, but from the food now digesting properly in his stomach. Nitei Gavriel recommends to make a brocho omitting Hashem’s name.
Horav Shlomo Miller’s Shlit’a opinion is not to make a brocho, but the Rov recommends placing a bit of sugar or other product that will give a bit of pleasant taste to the water.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 9/29/2017 2:21 PM |
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# 1453 Leather Never
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Q. is it permissible to wear leather insoles or leather heel lifts in one’s sneakers on Yom Kipper?
A. Many Poskim maintain that even if a small amount of leather is part of a shoe, it becomes prohibited, They maintain that “shoes” refer to footwear that includes leather, even in a small amount. Accordingly, footwear made only of cloth (e.g., sneakers) or any other material, may be worn on Yom Kippur. See Shulchan Aruch, O. H. 554:16 and 614:2 following the Riff, Rosh, and Tur.
Rabbi Ovadiah Yosef (Yalkut Yosef, Moadim 5748] p. 90) permits wooden clogs with a leather strap.
Horav Shlomo Miller’s Shlit’a opinion is that one should avoid shoes that contain even small amounts of leather. In case of need, comfortable or well padded slippers or non-leather moccasins should be used, instead of leather insoles.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 9/29/2017 2:13 PM |
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# 1452 No Pay, No Pray
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Q. People who have a private minyan on Shabbos and yom tov come to a shul to pick up a sefer Torah before Shabbos, and the gabbai gives it to them. One day, they came close to Shabbos, and the gabbai did not feel comfortable giving them the Torah because he was concerned that they would be mechallel Shabbos when driving with the sefer Torah c"v. Even though in theory there was enough time before Shabbos for them to drive, but the gabbai did not want to take such a risk and told them that he is not giving the sefer Torah that week because they came too late and next week it shouldn't happen again, etc.
Does the gabbai have to ask mechila for the inconvenience this caused them?
Is there any difference if they are paying for using the Torah or not?
Does the gabbai have the right to use his discretion in such a case and if they came late, not to give them the Torah even though in theory there is enough time to drive before Shabbos and even though this will cause them inconvenience?
A. Horav Shlomo Miller’s opinion is that there is a difference if they pay for the Sefer Torah rental. if they pay for the service, the Sefer Torah should have been given to them, if in normal circumstances there is enough time to reach their destination before Shabbos begins. Therefore, they should be compensated, if service was denied.
If the service is for free, the elected gabay may set the conditions for the lending.
Rabbi A. Bartfeld as Revised by Horav Shlomo Miller Shlit”a
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Posted 9/29/2017 2:08 PM |
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# 1451 The Beginning of the End
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Q. In the case of a person who learned a masechta but skipped certain parts of it (although the vast majority was done), or failed to understand certain parts, the Rav told me (see question 1435) that this is not a siyum. Nevertheless, if he already told people that he is making a siyim at such-and-such a time, and he is embarrassed to cancel it, may he say the Hadran and Kaddish? (Not during the Nine Days, or evev Pesach, but just stam - as is known that Rav Moshe attended someone's siyum on one daf of Gemara.) And certainly this is also an accomplishment that is worth celebrating.
A. Horav Shlomo Miller’s Shlit’a opinion is that he may recite the accustomed siyum text of the hadran and kaddish, since at least for him it was a siyum. He should change and say “lilmod” to learn, instead of “lesayem” to finish, when reciting the Yehi Ratzon.
Rabbi A. Bartfeld as Revised by Horav Shlomo Miller Shlit”a
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Posted 9/24/2017 11:12 PM |
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Important Numbers
