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# 871 pruzbul.org
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Q. I'm a student in a place were there isn't much of a Jewish community and I have a few questions this year. Can a pruzbul be done on line or via a fax or email to the bais din?
A. Horav Shlomo Miller's Shlit'a opinion is that you may e mail or fax a pruzbul statement to a court when in need. The Beis Din will in turn send you back an acknowledgment of receipt.
The statement to be sent is:
“I ________________hereby inform and turn over to you the court consisting of the following dayanim __________________________, _________________________, _______________, all debts owed to me, whether these debts were incurred by contract or not. The purpose of this act is that I may be able to collect them at any time I wish. I also gift a minimal amount of land to each debtor who does not own any land”
Today ____ day of Elul, 5775, here in _________________________.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 9/4/2015 5:35 PM |
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# 870 Tithes To Tuition
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Q. Hi Rabbi Bartfeld. Wanted to wish you and your family a Ksiva V’Chasima Tova!!! I also wanted to ask if I can use my Maaser money to pay tuition for my 22 year old daughter to learn in... Yerushalayim. …. There is also the cost of room and board, which I assume can not be paid by Maaser money. I also wanted to buy Mezuzos for Adina. Can I buy the Klaf with Maaser money?
A. On question 475 of this forum we wrote “you cannot use ma'aser money for payments you are already obligated to compensate, as the Chofetz Chaim in Ahavas Chessed (Ch. 19) writes because "it is like paying one's own debts from ma'aser funds". Although girls schooling and tuition was in former years seen as optional, since in Halacha there is no inherent parental obligation to educate girls in a school, that is not the case today (Igrois Moishe Y.D. 2: 113).
Horav Shlomo Miller's Shlit”a opinion is that it would depend who undertook the obligation to pay the tuition. The one who did so cannot use ma'aser funds for paying that contracted indebtedness.
It could well be that it was the student that signed the registration documents. In that case her parents can use their ma'aser money since they never accepted directly the responsibility of paying tuition.
The Rov maintains that you are allowed to use ma'aser money for purchasing mezuzos for someone else that needs them.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 9/4/2015 1:12 PM |
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# 869 Identity Crisis
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Q. How much credence can be given to a place of burial of maternal ancestors or pictures taken by the chupa in establishing the Jewish identity of a person?
A. See Orchos Mishpot p. 357 who quotes the general rules established by Horav M. Feinstein, Horav Eliashiv zt”l and others in determining the Jewish Halachic ancestry status of an individual, and which are followed by Batey Din today.
As in the previous answer, Horav Shlomo Miller's Shlit'a opinion is that there could exist many possible variants, as in regards to the actual guidelines that a cemetery keeps or the validity of pictures taken etc., therefore a competent Rabbinical Authority should be consulted on each case.
Rabbi a. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 9/3/2015 4:21 PM |
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# 868 The Proof is in the P'tur?
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Q. Can you use an old get certificate of divorce (ptur - the Beis Din is not extant, but they were reliable Rabbanim) to prove that the man or the woman named there went trough a proper act on conversion?
A. See Piskey Din (Rabbanut Yerushalaim 1 p. 52) in regards to establishing Jewish identity via a valid kesubba. However the case of a p'tur or divorce certificate may be different, since it is possible that the Beis Din granted a get lechumra, and they were in doubt of the Jewish status of the divorced, yet acted stringently to remove all doubt of divorce.
Horav Shlomo Miller's Shlit'a opinion is that the case should be presented to a competent Rabbinical Authority, since there could be other variances and issues.
Rabbi a. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 9/3/2015 4:20 PM |
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# 867 Blowing in the Night II
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Re- Question # 858 above
(Dear Rabbi Bartfeld, please tell Rav Miller Shlit"a) that the ancient Minhag Aschkenaz during Elul was to blow Tashrat 3 times after Shacharis and after Arvis (including Motzoei Shabbos). This Minhag is still kept wherever Minhag Rainus is observed. Such as in Washington Heights and in the five Kehillos in Israel that follow Minhag Frankfurt
A. This could be indeed correct, but it still does not permit according to our minhag to blow shofar at night.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit”a
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Posted 9/3/2015 2:05 PM |
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# 866 A Matter of Record V
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Re – question 863 above
Q. Thank you - but I learned that when a goy does a melacha for a Yid on Shabbos, the melacha is not forbidden in benefit forever. The Yid can benefit after Shabbos if he waits the amount of time it took to do it.
A. Indeed, when a Gentile does a melocho for you it is only prohibited “Bechdey Sheya'ase” or the amount of time it would take for the work to be done after Shabbos. The reason as Rashi explains on Maseches Shabbos(122a) in regards to bathing on water that was heated on Shabbos by non-Jews, is that by waiting until it could be heated after the end of Shabbos one avoids benefiting from the melocho of the Gentile. (See Shulchan Aruch O.H. 326: 13.)
However in your case, the recording cannot be done after Shabbos, since that is not when the class takes place, therefore, you will always be benefiting from the work that the Gentile did for you on Shabbos.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 9/3/2015 1:50 PM |
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# 865 Is the Earth to be Abandoned?
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Q. is there any problem with taking out from Eretz Yisroel earth, stones or sand?
A. There is an ancient tradition to place earth or sand from Israel on the body of the deceased at burial outside of Israel. (Or Zarua 199, Remoh Y.D. 363, Medresh Talpios – Bereshis 46: 90 et. al.) However, Kol Bo on Avelus p. 183 quotes Pekudas Elozor (127) that the Or Zarua was in doubt if the earth taken out from Israel maintains its holiness. He also debates if it is permitted to export it, as it demeans that kedusha. Yet, he mentions that the tradition was followed by many Gedoley Yisroel throughout the generations. The Talmud (Megilah 29a) mentions in regards to the constant presence of the Shechina during exile, the renowned Bais Hakneses of Shaf Veyasiv (Moved and Settled) in Nahardea. Rashi (ibid.) explains, that it was built with stones and earth that King Yehonia and his followers extracted from Eretz Yisroel during the first exile.
Horav Shlomo Miller's Shlit”a opinion is that there is no proscription on taking out common sand or stones from Eretz Yisroel to other lands. However, he pointed out the Igrois Moishe (8: 63, Kod'shim) in regards to the severe prohibition of extracting stones from the Kotel or its vicinity, on locations where there may be uncertainty if they are remnants of the Beis Hamikdosh.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 9/1/2015 10:31 PM |
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# 864 They Gave a War and Nobody Came
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Q. I have a question on Parshas Shoftim that no one has given me a satisfactory answer. We learned there that people who committed any sin would not join a voluntary war. The Cohen would call out before going to war, that any individual who is afraid of the sins he has done, should turn around and go home. Since even the greatest tzadik holds himself humble and full of sins, how did they ever get anyone to participate in that kind of war? Where exactly do you find anyone, especially a righteous person who is not afraid of the errors and sins done in the past?
A. Ramban on Shoftim mentions that any person claiming exception to the war draft, would have to provide evidence that he belongs to any of the groups exempted, including the sinners. He would have to approach the leading Cohen and confess and prove to him, the transgression committed. Horav Shlomo Miller Shlit'a added that the Anointed Cohen may likely rule and decide that he does not go home-free, instead he has to repent, do Teshuva and then enroll back in the war campaign.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 8/31/2015 1:31 PM |
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# 863 A Matter of Record IV
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Q. If one will be absent from class (school) on yom tov, is one allowed to have a goy record the classes for him? If a goy offers to do it, should one refuse?
A. please refer to questions 627, 661, and 704 on this forum
Horav Shlomo Miller's Shlit”a opinion is that you cannot ask or use the recording done by a Gentile for you on Shabbos. The same applies if the recording was done for you without you asking.
The Rov also advises not to ask a Gentile to ask another, even if the second one does the melocho for the first Gentile and is not even aware of you. However he suggested a permissible way by having the Gentile record a disk for himself and then selling it to you. Thus, he is effectively doing the melocho for his own personal benefit and not for you.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 8/31/2015 1:17 PM |
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# 862 Strapped by My Straps
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Q. I am ordering Tefillin straps. Unfortunately, the quality of straps today are poorer than when I became BarMitzvah. The straps do not absorb paint as well and therefore the tefillin paint comes off faster. Therefore, they have invented a new Zach where the leather itself is dyed black and the straps are black on both sides. Therefore, even if paint comes off the straps are still black. Additionally, since the paint comes off the new straps easily, of ten the BarMitzvah boys repaint their own straps and often the BarMitzvah boy is not a Gadol yet Midoraisa. Therefore, the black on both sides straps are advantageous.
However, we have heard that HaRav Miller is not happy with the new straps. Is he unhappy because it is a new thing, and traditionally we Jews need to be wary of new things, in order to survive in Galus without a Sanhedrin. Or is there something halachically to be careful of for which he discourages using these new-style straps? Or is it merely a baseless rumour and we can order the new-style straps without qualms?
A. Rambam's opinion (H. Tefilin 3: 14, Or Zarua and Arizal in Sha'ar Hakavonos) is that the back side of the retzuos should be preferable black as well, as an aesthetic manifestation. While this is not the accepted Halacha (Mishna Berura 33: 3) there have always been individuals who have worn such retzuos. Rav Mordechai Friedlander Shlit’a, a renowned posek in STaM, member of the Edah Charedis and who was very close with Rav Elyashiv Zt”l, said that the Rav Zt”l, who himself didn’t wear these retzuos, had no issue with those wanting to use them for the preventive advantage they provide. As when with age the top side cracks or the paint peels off, as well as when they turn upside down, especially on the kesher area.
Horav Shlomo Miller's Shlit”a opinion is that black on both sides retzuos are indeed better, when there are no other questionable impairments involved. (The Rov himself has recently acquired such retzuos.)
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 8/28/2015 5:10 PM |
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# 861 K9 on Almenar?
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Q. One of the members of our congregation recently returned to shul after a long illness in which he lost the use of his eyes.
He is now unfortunately totally blind and gets around with the help of a seeing eye dog ( a magnificent creature in its own right).
On his return to shul last shabbat he was given the honor of an aliya. However, when he approached the bima with his dog, the rabbi montioned the gabbai not to allow the dog on the bima. The gabbai helped the member up the bima stairs and the dog remained at the bottom of the bima. The member was clearly very upset and shaken by these events.
Later the assistant rabbi (the rabbi was away) told the congregation that it was not kovod hatorah for a dog to be on the bima. Normally I would agree, but under the circumstances what do you think?
A. Igrois Moshe (O.H. 1: 45) permits the attendance of a seeing eye dog to shul when needed. Sha'are Halacha Uminchag (p.204) further asserts that from the fact that the Talmud (Yuma 21b) describes the heavenly fire resting in the altar as taking the form of a dog, it would seem that there is no unsuitable connotation in a dog's presence, other Poskim disagree.
However. Chelkas Ya'akov (O.H. 34) differs with the Igrois Moshe leniency, since the presence of the dog may cause levity and frivolous distractions especially among the youngsters. He also argues about safety, two concerns that may not seem valid today in many shuln. Yalkut Yosef (150: 25) quoting Horav Ovadia Yosef zt”l is also stringent since the dog could easily be placed outside, and the blind be helped by the other attendants to the shul. (See Hatefila Vehilchateha p. 170)
Horav Shlomo Miller's Shlit”a opinion is that if it is possible for someone to help the blind man up the bimah it is preferable.The most important issue is. to avoid this becoming a source of machlokes and conflict.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 8/27/2015 10:22 PM |
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# 860 He Blew It
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Q. Is an engraved shofar (with outside decorations that are only superficial) kosher? What if it is only my initials? Can I place a label on the shofar with my name?
A. Shulchan Aruch (O.H. 586: 17) rules that it is improper to paint the shofar. Tur quoting Ramban explains that the paint may change the sound of the shofar. (See also Mishna Berura and Kaf Hachaim ibid.) However Remo (ibid.) writes that it is permitted to engrave decorations on the shofar itself. The reason being that even if the sound changes it is from the shofar itself and not due to some extraneous material painted or laid on it. Changing the sound in itself is not detrimental, since all voices from a shofar are acceptable.
However Kaf hachaim (586: 122,) Piskey Teshuvos (ibid.) Zichron Terua (p. 69) and others maintain that it is better not to engrave the shofar at all, since one may accidentally perforate the shofar and disqualify it.
Gluing a label with an identifying name on it, as mentioned before regarding paint, is also improper (Piskey Teshuvos ibid. 10)
Horav Shlomo Miller's Shlit”a opinion is that it is of utmost importance to maintain the traditional ways of observing mitzvos and not to absorb new meaningless alterations, since there are many reasons why we comply with time-honored traditions. This is especially important in regards to the essential mitzva of shofar. (If someone is afraid that his shofar mat be taken by others, he should place it in a becoming bag with his name on it, as we do with the ta'alis and tefilin)
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a.
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Posted 8/25/2015 3:15 PM |
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# 859 Shofar So Good
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Q. I'm learning to become a Baal Tokea but the friend teaching me can only do it at night is that OK?
A. See question above. It would depend on the opinions quoted. Aruch Hashulchan (581: 12) rules that one should not blow the shofar at night, even if his intention is only for learning.
Horav Shlomo Miller's Shlit”a opinion is that you may blow at night the shofar for learning purposes.
Rabbi A. Bartfeld as revised By Horav Shlomo Miller Shlit”a.
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Posted 8/25/2015 3:10 PM |
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# 858 Blowing in the Night?
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Q. If someone didn't hear the shofar during Elul in the morning should he blow at night? What if he has no minyan?
A. Poskim disagree whether one should blow the shofar at night Remoh (O.H. 581: 1) writes that there are places places where they blow shofar after maariv. Miley Deovos and Likutey Halevy maintain that this is to be understood literally referring actually to night proper (Nitey Gavriel – Rosh Hashana 4: 3: n. 7)
However some maintain that the Remoh refers only to before maariv when it is still day or after maariv if they daven early, since it is not an auspicious time for rachamim (Igrois Moishe O.H. 4: 21: 5. quoting Chaye Adam)
Aruch Hashulchan (581: 12) rules that one should not blow shofar at night since the shofar awakens the Heavenly Midos at an improper time. (See Piskey Teshuvos ibid. 3)
On question 354 on this forum we wrote: Whether Tekias Shofor during Elul requires a Minyan or no, would depend on the reason we blow. Tzitz Eliezer (12:48) writes that according to the motive of not forgetting the day when Moshe Rabeinu went up to Mount Sinai, this blowing may have been instituted only for a congregation. He also argues that even if the reason is the awakening before Rosh Hashono for performing Teshuvo, it may still require a Minyan, since a communal stirring is more effective than an individual one. However, Siach Yitzchok (264), Nitey Gavriel (Rosh Hashono 4:9) and others, rule that even a Yochid who davens on his own, if he has a Shoifor should blow.
Horav Shlomo Miller Shlit"a agrees with this last opinion, however, he should not blow at night.
Rabbi A. Bartfeld as revised By Horav Shlomo Miller Shlit”a
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Posted 8/25/2015 3:07 PM |
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# 857 Is the Left Right?
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Q. Is There a difference between the shofar of the right side of the head of the ram or the left side?
A.
Afarkasta
De’anya
(116) quotes Maharil that the intention of the verse (Yishaya 27: 13)
”In
that
day
that the
great shofar
shall be blown,”
is that Hashem will blow with the right side shofar which is bigger
than the left one. Therefore there could be a preference to the right
side shofar since it hints and alludes to that desired meaning. (See
also Nitey Gavriel – Rosh Hashana 44: 1)
Horav
Shlomo Miller Shlit'a pointed out to the Mishna at the end of Kinnim
(3: 5) Rav Yehoshua says while the korban is alive it possesses one
sound, but when it is dead its sound is sevenfold… its two horns
are made into two trumpets (or shofros – Bartenura et. al.) It
would seem that they were used indistinctly.
Rabbi
A. Bartfeld as revised by Horav Shlomo Miller Shlit”a.
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Posted 8/14/2015 6:16 PM |
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# 856 A Shofar in Hot Water
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Dear Rabbi a few questions on acquiring a shofar
Q. I was given a shofar as a present, it has a good sound but it is rather straight and only slightly bent. I was told that if you heat the shofar you can soften it and bend it, is that permitted?
A. The Talmud Rosh Hashana 27b mentions that a shofar is required to fulfill the “Derech Haavaroso” prerequisite or the way it was grown on the head of the animal, without being changed from the natural way it grew.
Poskim disagree as to what that change means. From the Talmud it is apparent that it becomes disqualified only if it was changed inside out or by reversing the side one blows into.
Pri Megodim (Mishbetzos Zahav 586) debates as to if a natural straight ram shofar is preferable to a common shofar that was bent by softening the shofar with hot water. It would seem that he rules that there is no difficulty in using such a shofar. Likewise Zichron Terua (p. 68) maintains that the custom of Ashkenazim and others that if the changes made by softening the shofar in hot water are small and are made only to better its appearance it is permitted. However, Piskey Teshuvos (586: 9) avers that from the Rav's Shulchan Aruch and Mate Efraim, it is apparent that any physical change made to the shofar, that deviates from the way it naturally grows, disqualifies. Therefore, even small changes made for the purpose of making it easier to blow should be avoided. Minchas Yitzchok (8: 54) quotes Toras Chaim (O.H. 586: 2) that indeed disqualifies an artificially bent shofar for the reason mentioned above.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 8/14/2015 6:08 PM |
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#855 Holy Hangings
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Q. A neighbor was moving out & he offered me this object that was hanging in his house rather than throwing it in the garbage. Is it just a wall hanging or could it have come from a Sefer Torah?
(See attachment.)
A. Horav Shlomo Miller's Shlit”a opinion is that if it is a part of the ornaments of a Sefer Torah or you are in doubt if it is, you have to treat it with the kovod and respect due to all tashmishei kedusha objects and it requires for its disposal geniza.
However, after consulting with some jewelers and judaica dealers, it became apparent that it is just a wall hanging decoration piece.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit'a
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Posted 8/7/2015 5:55 PM |
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# 854 From the Beak of Parrots
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Q. Dear Rabbi.
I found a parrot on my backyard a few days ago and I placed found-a-parrot signs on the posts on the neighborhood. A Jewish neighbor came shortly after and gave as a siman, a name (his) that the parrot repeats when it sees him. Can I rely on the parrot's cognition and return it to the claimer?
Thanks so much for a fast reply (not equipped to deal with the bird)
A. A main issue is that requires clarification is what is the status of the majority of neighbors, are they Jewish or Gentile. If non-Jewish, you don't have the restrictions involved in the mitzva of Hashovas Aveida and you can return it or not at your will and conviction.
Rema (Shulchan Aruch C.M. 259: 7) rules that geese and chickens that rebelled and escaped their masters property, since they are hard to retrieve, they became hefker or ownerless and do not have to be returned. Choshen Aharon (p. 71) is in doubt whether parrots are similar to the above fowls or once conditioned to captivity are easier to catch. (See also Hayoshor Vehatov p. 97 in regards to yiush or giving up in a similar shaileh)
In regards to if the parrots cognition is a good siman or no, the Mishna (Sota 31a) mentions about one who issued a warning to his wife not to seclude herself with a certain man and then becomes aware of the seclusion, even from a bird in flight. Tiferes Yisroel (ibid.) explains that we are dealing with a talking parrot, that gave away her secret. Although the information gathered, according to Rabi Eliezer is enough in that case, it is only so because there no formal testimony is required.
Chashukei Chemed (Shabbos 107a) deals with a similar shaileh. He rules that one may not rely on the parrot's name callings abilities for the purposes of deciding who the parrot's owner is, when the ownership is being contested in Beis Din, if the claimant has no possession and wants to use the above to prove his proprietorship. The reason is that the claimant may have been indeed once the bird's owner, but sold it, and the bird still remembers him.
However in a case of hashovas aveidah, although the finder has possession, since he is only interested in returning the bird to its rightful owner and does not claim ownership for himself, he possibly may rely on the name calling as a siman. Horav Akiva Steinmetz Shlit'a pointed out that in our case the siman is more significant, since the alleged owner provided the key word before it was articulated by the parrot Preferably, he should try to use a better distinguishing mark.
Rabbi A. Bartfeld
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Posted 8/7/2015 5:43 PM |
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# 853 Little One's Big Miracles
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Q. My three year old son had a miracle. He was standing by the fridge. when the whole cabinets crashed in the kitchen. What stopped it from collapsing totally on him was the Shabbos water heater, where it rested on. Do I bentch gomel for him?
A. Poskim disagree whether a minor recites hagomel. Mor Uk'tzia, Birkei Yosef 219: 1, Mahari Bassan, Ohr Letzion 2 p. 310 et. al. maintain that he should. (see also Har Tzvi O.H. 113.) However, Maharam Mintz 14, Aruch hashulchan, Mishna Berura (219:3) Tzitz Eliezer 14: 20, Lehoros Nossan 4: 12, et. al. rule that minors do not recite hagomel. Magen Avrohom (ibid.) explains that he is unable to say the word hagomel “lechayavim” (guilty ones) since he is not yet accountable for his acts. He also can not omit that word since it is essential not to deviate from the established form of brochos.
Rivavos Efraim (O.H. 4: 63) considers if there is a mitzva of chinuch to educate a minor on reciting hagomel, since he may fortunately never have to recite it in his adult life.
The accepted custom today is that minors do not recite hagomel. Sha'arei Teshuvah (219:1) Shaarei Efraim (4: 58) Nachlas Bunyomin 58 et. al. maintain that the father also does not recite the blessing (some opine with Hashem's name) on their behalf.
It is customary to give an amount to charity in lieu of a Korban Toda. (See question 370 in this forum)
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit'a
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Posted 8/7/2015 5:42 PM |
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# 852 Early Blessings
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Q. Is it correct when someone speaks at a wedding on Tu Beav to already wish everyone a Kesiva Vechasima Tova or is it out of place?
A. Chasidic sources maintain that it is proper for one to salute from Tu Beav onwards with the blessing of Kesiva Vechasima Tova (Darkei Chaim Vesholom 683 on Munkatcher traditions, Nitey Gavriel Ben Hametzarim 2: 98: 15) One reason given is that from that day onwards one has to increase his learning of Torah as the days grow shorter (Ta’anis 31a) therefore, the sparks of holiness of Rosh Hashana and the days of Rachamim begin to awaken and glow (ibid.)
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit"a.
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Posted 7/31/2015 2:31 PM |
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Important Numbers
