Q. f you will not be at home during Pesach, and you do an early bedika, (see prior question) when and how do you do the Bitul Chametz?
A. After finishing the search he should recite the declaration of Bitul Chametz or nullification of chametz using the following text:
כל חמירא וחמיעא דאיכא בביתא הדין, דלא חזיתיה ודלא בערתיה לבטיל ולהוי הפקר כעפרא דארעא
meaning, "All chametz or leaven in this house (Bebeita Hadein) that I have not seen, and have not destroyed, shall be nullified and become ownerless, like the dust of the earth. (Sha’ar Hatzion 436: 5) The reason is that he is only annulling the chametz he is not going to use anymore in his home, and he will repeat the declaration next night after searching the room in the hotel. He should place the chometz found in a separate secure place.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
Q. Is there a way to avoid the cleaning and searching the whole house, if you are going away for Pesach and will not be there at all?
A. Due to the difficulties involved when owning a large house to completely and properly clean and search the property for Pesach and that being one of the reasons for people of age or having other impediments, to travel to a Pesach hotel, Poskim permit the following. The home can be sold, together with the customary sell of the chametz. The owner must explicitly inform the Rabbi of that fact and clearly include the property in the document. This sell exempts the homeowner from having to search. (Mishna Berura 436: 32.) However, in order not to completely eliminate the mitzvah of Bedikat Chametz, Poskim recommend that he should retain one room not to be sold that is easy to clean properly and by following the procedure outlined above comply the mitzvah of Bedikat Chametz on that room.
Since the transfer of the chametz takes effect on the eve of Pesach in the morning hours, after the mitzvah of bedika has already started, Poskim recommend selling the property (to the Gentile) the day prior (Thursday) before nightfall (ibid.) There are today indeed Rabbis who offer the option of an early sale of the chametz, for those who will be traveling to another location for Pesach. This transfer takes effect before the onset of the mitzvah of bedikat chametz. (Piskei Teshuvot 436: 3)
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
Dear Rabbi Bartfeld re our conversation on writing a brief guide for the most common questions that people have when traveling to a hotel for Pesach; the following are some of the most common concerns.
When and how to do the searching of the chometz, both at home and/or in the hotel? There are many gray areas were people are unclear. Do they have to search at home before they leave if they are not going to be there during Yom Tov? Does it matter when they leave? What if you forgot and it is already Erev Yom Tov?
A. The one traveling within thirty days before Pesach must search his home the night prior to his leaving, even if he does not plan to return at all during Pesach. (Shulchan Aruch O.H. 436: 1) If he is planning to leave home before nightfall on the day prior to the eve of Pesach (e.g. first day Pesach is Shabbat and he is traveling to the hotel on Thursday day) he should do the search of chametz at his home the night prior to his departure (Wednesday night) The search is similar to the one normally done on the eve of Pesach, but one does not recite a bracha (Rema ibid. although Biur Halacha remains in doubt most Poskim agree that no bracha is recited))
If he finds it difficult to search on the night prior to his departure, as he is busy preparing for the trip, he may search on the night before (Tuesday). (Kaf Hachaim 6)
If someone forgot to search for the chametz and is already in the hotel, he should call a friend or a neighbor and name him his agent to do the search in his place. Alternatively, he may early in the morning contact a Rabbi to include his home in the sale that morning.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
Q. Is there a source that the indented part of the top lip that people have today is a result of the malach hitting us on the lip in order that we forget the Torah we were taught in the womb by the malach?
A. The Talmud (Nida 30b) mentions only that when the child is about to be born, a malach comes and strikes him over his mouth. It does not record anything about the indented area or philtrum that the vast majority of humans male or female, have over the upper lip and under the nose. Although it is a widespread folkloric notion, it seems unlikely to be right, since as mentioned on a prior answer; the teaching of the Torah by the angel is part of the mitzvah of learning Torah, that applies only to Jewish males. (The indented area is also present in fetuses before their birth)
As far as we can ascertain this lore does not have any basis in Talmudic or Midrashic sources. However, Maharam M’Pano in Ma’amar Yonas Elem (P. 99) mentions from Cabalistic sources an elucidation that would seem to uphold that the indentation is indeed created by the malach. (Contributed by R' I. J. Diena)
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
Q. My son was born bein hashmashos on Thursday yud alef cheshvan. We asked a shaila when he was born and we were told to make his bris on Friday.
B"H we are approaching his bar mitzvah. This upcoming year, yud alef cheshvan falls out on Shabbos. Is he allowed to lein and be counted for a minyan that Shabbos, our do we need to wait for the following week?
A. Horav Shlomo Miller’s Shlit”a opinion is that you should wait for the second Shabbos to make the Bar Mitzvah since in order to discharge the Tefilah and reading of the Torah obligations for all present and to be the Shliach Tzibur, he has to be of age. However if he wants he can read the maftir on the prior Shabbos, given that even a minor can be called for the maftir aliya. (Megila 24a, Shulchan Aruch O.H. 282: 4)
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
Q. Can someone give a hand salute with fingers spread like the cohanim do when they say bircas cohanim? (as Nimoy and the Vulcans )?
A. Since the Torah directed the Cohanim to be the ones to bless the Jewish nation, a non-Cohen is forbidden to join other Cohanim for the recitation (Shulchan Aruch O.H. 128: 1 Remoh, Mishna Berura, and Biur Halacha ibid.) The prohibition stands only when it is done in a similar fashion to the Cohanim’s blessing (See Piskey Teshuvot ibid.) It is a widespread popular belief that a non-Cohen should not spread the fingers of his hand in the same manner as the Cohanim do when they recite the blessing of Cohanim, (in the form of the letter Shin.) A source for this tradition is to be found in Rivavos Efraim (O.H. 1: 93) quoting the Zohar.
Horav Shlomo Miller’s Shlit”a opinion is that if it is done only with one hand it is permitted.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit”a
Q. On the mitzvah of drinking on Purim does it have to be wine only? Can you drink some wine, like a cup and then other liquor?
A. Rashi (Megila 7b) explains that the drink is wine. Biur Halocho (695: 1) quoting Eliahu Rabba, mentions that the reason why we are required to drink on Purim is to commemorate the miracles that happened and those occurred at banquets where wine was imbibed. Meagley Tzedek (on Megila L. 32) avers that therefore wine only should be used, as this was the drink offered
Mata’amei Yakov (Likutim 340) compares this to Chanuka lights where olive oil is the preferred fuel, but other flammables are also acceptable. Rivavos Efraim (O.H. 8 p. 478) also seems to suggest that wine is to be used. There are also Cabalistic reasons in the ingesting of wine (Mishnas Yosef p.111, quoting the Arizal)
Others write that since the main purpose of this mitzvah is to reach the stage of “Ad Delo Yoda”, it does not matter what beverage one consumes (Inyono Shel Yom p.375, based on the Maharal.)
Orchos Rabenu (P. 78) mentions that the Steipler Gaon zt”l ruled that all liquors could be used, however, one should drink a bit of wine also. So too is the opinion of Horav Shlomo Miller Shlit”a, however he recommends to drink a revi'is.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit”a
Q. Since Purim is a special day for tefillah, is one allowed to say tehillem on Purim night? Or is tehillem not allowed to be said by an individual at night?
A. Indeed Purim is a special day for tefilos, similar to Yom Kippur (Tikunei Zohar 22) and since “whoever stretches out his hand we give to him on Purim” (Yer. Megilah 1:4) Hashem behaves in a similar way to us, if we ask properly he grants our wishes (Nidvos Pi.)
Horav Shlomo Miller’s Shlit”a opinion is that you are allowed to recite Tehilim on Purim night.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit”a
Q. Why is there a custom to dance after saying kiddush levana?
A. In only one instance the Remo praises and extols dancing and that is in Darkei Moshe (426) in regards to Kidush Levana. He mentions that the reason for the dancing contains a great Cabalistic “sod” or mystery similar to the joy of newlyweds, since we then receive the Shechina (Otzar Hayedios p. 293, see also Remo O.H. ibid. 2.)
Meor Einaim compares Kidush Levana to the receiving of the Torah and the joy and happiness that it contained. (Milin Kadishin 84)
Mekadesh Yisroel (Bein Hametzorim 310) in regards to dancing on Kidush Levana on Motzei Tisha B’Av mentions that since the Remo considers the dancing a mitzvah it should be permitted even in the state of avelus still present at the end of the fast. The dance is done to foster our belief in the Geula, since in Tisha B’av the Messiah was born. He adds that this is the common accepted tradition.
Horav Shlomo Miller Shlit”a pointed out that Poskim mention that one of the reasons that Kidush Levana is not recited on Shabbos, is due to the dancing involved.(Shaar Hatzion 426: 32)
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
Q. Does a malach teach a non-Jewish baby all of the torah? Or only the 7 mitzvos of Noach?
A. The Talmud (Nida 30b) teaches that during the days of pregnancy the fetus or rather his neshama (Maharsho – Chidushei Hagados,Yofe Talmud ibid.) is taught the complete Torah. Malbim (Chidushim ibid.) explains that he is given the natural faculties to be able to learn the Torah.
Horav Shlomo Miller’s Shlit”a opinion is that since a Gentile is not ordained in the mitzvah of learning Torah, it is unlikely that his neshama would be subject to this learning process. Even on the seven mitzvos that he has to keep, learning and knowing about them, is not part of the mitzvah of Torah learning, (that does not apply to him) but rather it is a function of the compliance of the mitzvah itself. After all, if he is ignorant of the laws that apply to his mitzvos, he will be unable to keep them.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
Q. What if someone says shalom aleichem to you while you are in the middle of the beracha (of Kidush Levana) can you respond?
A. (Please see question 575 in this forum) Shulchan Aruch (O.H. 66: 1) rules that in the middle of the brochos of Shema one is allowed to reply a sholom greeting to an individual that merits respect and honor such as an elder or a Talmid Chochom (Mishna Berura ibid.3). However, Mishna Berura (ibid. 2) also rules that since our custom is not to salute others during davening and people do not get offended if you don't return their greetings since they understand that you are in the middle of a brocho, therefore it is prohibited to interrupt and return sholom. Avnei Yoshfeh (O.H. 50: 3) adds to the above that the expression of sholom in Kidush Levono is not a greeting that would require an answer at all. It is mainly to appease the one next to us for saying loudly "Tipol Akechem Eimassa Vephachad", thus expressing that we are not addressing him.
However, as mentioned in the previous questions there are many reasons for the minhag of greeting Shalom Aleichem, still Horav Shlomo Miller's Shlit”a opinion is that indeed one should not interrupt in the middle of the brocho.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
Q. Can one say it (Shalom Aleichem at Kidush Levana) to one person or it needs to be said to three different people?
A. The most established tradition in Ashkenazi communities is to address three different people. However, from the text of the Remah (O.H. 426) it would seem that he is greeting only one repeatedly. So too, it is mentioned, was the custom of the Brisker Rov (Mipniney Horav p.94)
Shalmei Yosef (p. 69) mentions that an established custom by Sephardic and Yemenite communities is that all congregants repeated together three times addressing everyone present and that is why it is said in plural. He also relates the tradition of turning right, then left and finally facing front when addressing all present.
Rivavos Efraim (5: 300: 2) mentions that the tradition of the Staipler Gaon was also to address three different people while turning right and then left.
As mentioned in the previous question, Horav Shlomo Miller’s Shlit”a opinion is that a fundamental basis for greeting Shalom Aleichem is the receiving of the brocho of Sholom as an answer. As in Hatavat Chalom (the act done to mend and soothe bad dreams) a threefold blessing is accustomed and three different people are required, since the brocho of one individual may not be as accepted and effective as his peer’s blessing.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
Q. Why do we say shalom aleichem (in kiddush levana) three times?
A. Most Poskim mention greeting Shalom Aleichem three times, as cited in Tur from Maseches Sofrim. Some see the strength of chazaka (usually a strong, established and reliable act that has been repeated three times) reflected in that number (Likutey Mahariach – Leil Shabbos, Otzar Minhagei Yeshurun p.236.)
Another reason echoes a Medresh Tanchuma - Toldos. It portraits Esav crying and shedding three tears when he lost the brochos to Yaakov. To protect ourselves from the kitrug and indictment emanating from those three tears we recite Sholom Aleichem three times, since the Gimatrya of Esav (376) has the same value as Sholom.(Ben Ish Chai Vayikra 28)
Bnay Yisoschor (Rosh Chodesh 4) quoting the Arizal based on the verse (Tehilim 119: 165) “Shalom Rav “ that establishes the difference between plural and many. Yamim (plural of days) is shnaim or two, while Rabim or many is three, (see Kesubos 75a.) Therefore Shalom Rav is three times shalom.
However, others direct to repeat it only twice. Since we previously mentioned “David Chai Vekayom,” which is also an allusion to the Melech Hamoshiach, who will be preceded by Eliahu Hanavi. According to the Pesikta Derav Kahana, the prophet will stand on the mountains surrounding Jerusalem and proclaim and repeat; Shalom has come to the world (Sidur Iyun Tefila p.542.) Yet a third opinion avers that some (Sephardic) communities (London and Amsterdam) would say it only once (Sidur Hageonim Vehamekuvalim p. 71.)
As mentioned in the previous question, Horav Shlomo Miller’s Shlit”a opinion is that a fundamental basis for greeting Shalom Aleichem is the receiving of the brocho of Sholom as an answer. As in Hatavat Chalom (the act done to mend and soothe bad dreams) a threefold blessing is accustomed.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
Q. Why do we say shalom aleichem in kiddush levana?
A. A number of reasons are mentioned for saying Shalom Aleichem at Kidush Levana; some are:
1) Mishna Berura (426: 16) quotes from Mogen Avrohom that we say Sholom Aleichem, since we recite before three times; “Tipol Aleichem eimasa vafachad”, (Shemos15: 16). This verse is a curse to our enemies. Therefore, we quickly turn to our fellow Jews and bless them three times with peace.
2) Levush, Maharil-Teshuvos 47, Or Zarua 2: 456, mention that it is due to the joy and happiness inherent in receiving the Shechina at Kidush Levana.
3) Midrash teaches that the first ever recorded quarrel was the dispute between the moon and the sun, where the levana claimed against the sun; two kings cannot use the same crown. After Hashem punished and diminished the moon, the sun, in a profound gesture of peace and forgiveness still provided his light for the moon to reflect, and repaid her with kindness instead of anger. An example for us to emulate (Pri Eitz Chaim 208:3, Otzar Minhagei Yeshurun p.236.)
4) Since the Batey Knesset where in ancient times in the fields and there was danger in walking home from them at night (Tosafos Brachos 3,) they would wish and bless each other Sholom. (Machanaim p.157)
5) Pirchei Nissan maintains that once Kidush Levana has been recited, the fear of an untimely demise on that month is mitigated (Sidur Iyun Tefila p. 543.)
6) The fact that one has received the presence of the Shechina, makes him a new being, and thus requires greeting. Some see a spark of Techias Hamesim and resurrection in the renewal of the moon mentioned in this brocho (Kovetz Chachmei Lev p. 1030)
Horav Shlomo Miller Shlit”a indicated that a fundamental reason lays on seeking the brocho given by those who respond, thus receiving a blessing in the appropriate time of Kabbolas Pnei Hashechina.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
Q. A non-Jewish co-worker gave me as a present his last year model tablet when he bought a new one, which is far better than the one I have. I use mine for learning the Daf and for davening Mincha, since we don’t have enough sidurim at the mincha minyan. When I was clearing out his files I noticed that he was downloading highly improper material. After having erased all of it, is it correct to use this tablet for learning and davening?
A. The Gaon (Oros Hagro) mentions that if one would build a shul where even the building tools were fashioned with the right kavana, no one would pray there with the wrong intention. This being similar to Rav Chias statement (Bava Metzia 85b) on planting the flax seeds to make the nets etc… and write the books, all done with the proper mind set in order to guarantee that the Torah will never be forgotten.
Maharam Shik (O.H. 41) rules that one should not daven in a shul that was constructed by chilul Shabbos, even if it means to daven without a minyan and lose Kadish, Kedusha and Torah reading.
Igrois Moishe (O.H. 2: 17) prohibits davening from a sidur that was printed by desecrating Shabbos, as the tefilos will not be accepted. He debates whether he complies even after the fact. He also mentions that no Siato Dishmaya or heavenly help will be granted to one that learns from such a sefer.
Similarly, Sefer Chasidim (249) mentions that the tefilos recited while using a sidur that was written by a rasha or evil person will not be accepted.
However, Horav Shlomo Miller’s Shlit”a opinion is that even if Gentiles are also forbidden to watch immoral material, (Hashchosas zera is prohibited to them as in the Mabul,) there is a difference between a sidur or sefer that was written or printed in a prohibited manner and one that was created correctly but then used temporarily in a forbidden way. Otherwise, he argues, the printing press could also have been used to print immoral material; still it would not prohibit what was afterwards printed correctly. Horav Shmuel Kamenetzky Shlit “a gave a similar ruling.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
Q. Is one able to reserve a public parking spot? For example I am supposed to meet someone at a certain venue and I get there first and parking is tight. I see a parking spot open up and I go and sit down in that spot to "reserve" it for my friend, so no one else will take it, is that allowed?
A. Public parking spots users are subject to regulations and restrictions either from the owner or the city. By using the parking, clients implicitly agree to abide by the rules and Halacha dictates that they have to be obeyed.
Mishp’tei Hatorah (1: 85; 5-6) prohibits saving a place on a bus for someone who will board, on a later bus stop (see Bava Metzia 10a.) However when the trip is free, he mentions that Poskim disagree if it is permitted. He also adverts that in places where there is an established and accepted custom, the norm overrides.
Horav Shlomo Miller’s Shlit”a opinion is that if it is common and accepted behavior for users to save momentarily a spot for an evidently approaching friend’s car, it can be done if it does not create a Chilul Hashem.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
Q. If a person is born with a certain name (Hebrew) and does not like the name and tells everyone to call them by a different name and changes their name legally, does that have any Halachic binding. For example a person is called Avigal and she really dislikes that name and asks everyone to call her Avi and changes her name legally to Avi and everyone only knows her as Avi for the last 50 years, is her name Halachikally still Avigal or would it be Avi?
A. Beis Yosef and Shulchan Aruch (E.H. 119: 18) rule that a given name which has been totally forgotten and is never used for any purpose at all including a Mi Sheberach, does not have to be written in a Get or act of divorce, since it is not anymore that person’s name. Moreover, if the forgotten name is included, the Get is invalid (Get Poshut p. 112, Levush 18, Piskei Maharitz p. 314) since the current name is now the proper one.
Horav Shlomo Miller’s Shlit”a opinion is that the same applies to all other aspects of Halacha involving names.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
Q. I am frequently distracted during davening by others who daven audibly (during the Amidah) or who daven significantly louder than the rest of the congregation during the parts (like psukei d’zimra) that are recited out loud. It is very hard for me to focus on my own davening when this happens.
Do I have a right to ask them to daven quietly, or at least not louder than the norm in that place?
It is often otherwise very respectable people who do this, so I am really reluctant to ask them, but the alternatives – davening without proper kavanah, or going to another shul, are not appealing.
A. Shulchan Aruch (O.H. 582: 9) rules that although during the rest of the year we pray silently, on Rosh Hashana and Yom Kipur it is tradition to raise our voices. Mishna Berura (ibid. 24) explains that during Yamim Noroim it is permitted since this may be essential to raise one’s kavanah and intention.
Horav Shlomo Miller’s Shlit”a opinion is that during the rest of the year you can ask politely in a gracious and congenial way and as a favor, not a complaint. If that did not help, you may consider changing places with someone else.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a.
Q. I would like to know the opinion of the rav, shlita, what one should do if he was mekabel Shabbos at Plag HaMincha on Friday afternoon, and then remembered that he did not put on tefillin (for Friday)?
From Taz 600:2 it would seem to me that he can still put it on. Does the rav shlita agree? With or without a bracho?
A. Poskim rule that if one has only accepted tosefes Shabbos after plag and has not answered borchu yet, he can still don tefilin with a brocho, as his Shabbos acceptance can be restricted to only the prohibition of doing melochos (see prior answer.) We rationalize that he would not have accepted full Kedushas Shabbos had he known that he would lose the mitzvah of tefilin (see Taz 600: 2). However, Poskim disagree once he has accepted the Kedushas Shabbos by answering borchu or by reciting the tefilos of Shabbos. Some maintain that even if it is still daytime he should not put them on even without a brocho, since he may transgress various prohibitions such as zilzul Shabbos and bal tosif. (Piskey Teshuvos 31: 1 n. 3.)
Yalkut Yosef (261: 4), and Madanei YomTov (32) rule that they should be put on without a brocho. Horav Shlomo Miller’s Shlit”a opinion is similar. However, he should not don tefilin after the shkiah.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
Q. I would like to know the rav's opinion, if a person can daven Mincha erev Shabbos in such a way that by the time he finishes, it will already be after shkia?
How would one fulfill the mitzvah of tosefes shabbos, which requires a verbal statement of accepting Shabbos at least 2 minutes before shkia?
A. Shulchan Aruch (O.H. 261: 4) rules that after answering borchu on erev Shabbos one already accepts Shabbos on himself even if is still clearly daytime and is prohibited in performing any of the melochos.. Shaarei Teshuva (ibid. 1) quoting Dagul Mervava presents two degrees of acceptance of tosefes Shabbos. One is limited to the taking on the prohibitions of doing melochos. The other is receiving fully the holiness of Shabbos, usually accepted when answering borchu or by reciting the tefilos of Shabbos (see Mishna Berura ibid.)
In the case you presented, Horav Shlomo Miller Shlit"a advises to accept tosefes Shabbos before Tefilas Mincha, only in regards to the prohibition of melochos, thus permitting still the reciting of Mincha. Immediately after ending the amida, although it is already after the beginning of the shkia, he should receive the tosefes of complete kedushas Shabbos.
Undoubtedly it is better to be mekabel the full Kedushas Shabbos properly before sunset. (Whether kabolas tosefes Shabbos requires a verbal statement or after the fact one complies with thought only, see Mishna Berura 553: 3)
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”
Important Numbers
