Q. An ovel during shiva that doesn't have a minyan at home and comes to Shul, when he davens for the amud, does he say Birchas Kohanim? Lam'natzeach and the parts of Uva Letzion that are omitted in the ovel's home?
A. There is a disagreement between Poskim if you recite the Elokenu Velokey Avosenu that stands for Birkas Cohanim in the ovel's home. Eliahu Rabbah (559: 13) quoting Shiurey Knesses Hagdolah, Chidushei R" Akiva Eiger (131) and others maintain that it is not said. Daggul Mervavah (ibid. 127), Chayei Adam (27: 25), Teshuvah Meahavah (1: 50) rule you do.
The generally accepted custom in most Diaspora communities is not to recite it on the mourner's house during weekdays. (Mourning in Halacha 16: 25: 52)
It would stand to reason that according to Halichos Shlomo (Tefilah 11: 10) that when the ovel leads the services in shul you do not recite tachanun since the congregants follow him and the shul is considered as the ovels home, you would then also not recite Birkas Kohanim, Lam'natzeach and V'ani Zois Brissi (in Uva Letzion). However Horav Shlomo Miller's Shlit'a opinion is that even when the ovel davens before the amud in shul, those parts normally omitted in the ovels' home are recited by the attendants, the ovel though, omits them.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. An ovel during shiva that doesn't have a minyan at home and comes to Shul, when he davens for the amud do they say Tachanun? Should someone else take over and he goes out so the others will say Tachanun?
A. The reason we omit tachanun in the ovel's home is not to increase the forces of judgment already present on the ovel. (Levush). Mishna Berura (131: 20) rules that if the mourner prays in shul, the attendants don't have to follow him and they recite tachanun, but he does not (Oruch Hashulchan ibid. 15, see Sdei Chemed vav: 4). The reason is that only when a choson is present, people identify with him and would like to join him in his simcha (Shiurey Knesses Hagdolah 15) Some Poskim maintain that the congregants omit tachanun also (see Kaf Hachaim 131: 60 and Yalkut Yosef – Nefilas Apaim 13)
If he leads the services (see prior question) most Poskim agree that no tachanun is recited (Gesher Hachaim 1: 20: 3, Halichos Shlomo – Tefilah 11: 10, Piskey Teshuvos 131: 16)
Horav Shlomo Miller's Shlit"a opinion is that the ovel should let someone else take over the omud after finishing the repetition of the amida, so the congregants can recite tachanun, the ovel omits saying tachanun, and returns to the omud for kadish.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. Since you also wash after bloodletting, does that mean that you have to wash after a blood test? Or does a surgeon wash 3 times after an operation?
A. See prior question in regards to washing three times. Shulchan Aruch (O.H. 4: 19) advises to wash hands after bloodletting. Mishna Berura (4: 48) recommends washing after applying leeches or "bankes". However Nishmas Avrohom (4: 4) quotes Horav S. Z. Auerbach's Zt"l decision that after extracting blood for an analysis or even when donating blood, no hand washing is required. The reason given is that this washing requisite is of "segulaty" origin or of spiritual nature and not a medical need. As such we should limit it only to its original provision and that is when the blood was drawn as a healing practice. We do not require it when the blood extraction was done for any other reason such as testing or for helping others by donating blood. (see Ishei Yisroel 2: 41: 149 and Piskey Teshuvos 4: 27).
Following this reasoning we may require the surgeon to wash hands after an operation, since that could be seen as a healing procedure. The fact that the surgeon wears gloves may be of no consequence, as a sleeping person wearing gloves also washes when he awakens. (ibid.) However, this is not the accepted custom.
Sha'arey Aharon (4: 19) remains doubtful whether you require hand washing after drawing blood for a medical analysis. Some Poskim suggest that it is proper to wash (Piskey Teshuvos 4: 27 quoting Leket Hakemach)
Horav Shlomo Miller's Shlit"a opinion is that you don't have to wash "netilat yadaim" after donating blood, a blood test, or an operation.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. I attended an opsherenish for a 3 year old and everyone was invited to cut some of the hair of the child. Do you have to wash your hands after 3 times? (No one seemed to care).
A. Mishna Berura (4: 39) and Oruch Hashulchon (4: 21) write that you only have to wash your hands three times when awakening from sleep or as some stringent Poiskim include, after marital relations and being in contact with the deceased, otherwise once is enough.
Poiskim rule that you have to wash your hands even when cutting someone else's hair (Kaf Hachaim 4: 92) or when cutting only some of the hair (ibid. 4: 68), when using an electric trimmer (Ishei Yisroel 2:41), and even after cutting a child's hair (Nitey Gavriel 15: 1)
However when cutting a small amount of children's hair during the Chalakah tradition many Poiskim rule leniently and you don't have to wash hands (Teshuvos Vehanhogos 2:5, Ishey Yisroel ibid., Piskey Teshuvos 4). A reason given by Mibeis Levy is that you usually do not touch the head, just the hair. Some are stringent and do require netilah (Nitey Gavriel ibid. quoting Belzer Rebbe Zt'l, Piskey Teshuvos 4: 28 quoting Mishne Halocho and Horav Yosef Chaim Zonnenfeld zt"l). The child himself however, should have his hands washed (Nitey Gavriel ibid.)
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. I was just wondering which is the real adar-aleph or bais? My birthday is in adar aleph, so does that mean my birthday only comes during a leap year?
A. If you were born in a leap year on Adar Alef your birthday or bar/bas mitzvah would be on an ordinary year that day in the (single) Adar month available. On a leap year it would be the day on the corresponding Adar (Alef or Beth) you were born.
Shulchan Oruch (O.H. 55: 10) presents an interesting situation when two children, one born first on the twenty-ninth of the first Adar and the other later on the first day of the second Adar, if the year they reach bar mitzvah is an ordinary year, the one born earlier on the twenty-ninth would became of age later at the end of the month, while the one born later would reach his bar mitzvah earlier at the beginning of the month.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. When an ovel during shiva davens in shul, and there are other avelim on later stages of mourning, (such as shloishim) does he have priority before the others to daven before the omud?
A. Horav Shlomo Miller's Shlit'a opinion is that if he is in mourning for one of his parents he has precedence, but not when he is in bereavement for other relatives.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. An ovel during shiva that doesn't have a minyan at home and comes to Shul, should he daven for the Amud?
A. It is a mitzvah to hold daily services in the house of the deceased for it gives fulfillment to the soul of the departed, (Remoh Y.D. 384: 4).If a minyan cannot be gathered at home and the Ovel attends shul to daven and recite kadish, there are different opinions in the Poiskim whether he should be the one to lead the services. There are those who maintain that he should lead only services at home and not in shul, to avoid conducting himself with authority and headiness publicly. As an ovel he should rather be humble and unassuming.(Kitzur Shulchan Aruch, Migdal Hashen 68 – see also Kneses Yecheskel 44: 3 in regards to Midas Hadin).
Other Poiskim rule that since in our days the sh'liach tzibur does not pray as a substitute for the congregants, rather each one prays for himself, the ovel, even when mourning for all other relatives can and should lead the services. (Maharam Shik Y.D. 370, Shevet Shimon 376, Chelek Levi 133, Misggeres Hashulchan 384 et. al.).
This last is today the most common tradition. There are however, shuln that maintain the first custom.
Horav Shlomo Miller Shlit'a stressed that the shul and friends of the ovel should make every effort to gather a minyan as required, at the ovel's home.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. In regards to the recent teshuvo #451 on the brocho recited on the peel of an esrog that was turned into some kind of jam. It isn't clear from the answer what brocho you recite on the jam.
Also on # 452 I have two doubts Does Rav Shlomo Miller Shlit"a response apply to other foods that contribute to forgetfulness of Torah? When you mentioned that "roggil" could be even less that 30 days, do you mean he eats olives once every 40 days or 20 days?
A. Horav Shlomo Miller's Shlit"a opinion is that if you can still recognize in the jam the pieces of esrog peel you can recite Hoetz, otherwise the brocho is Shehakol.
On the last question; the Poiskim that maintain that "roggil" is thirty days, it means that if you eat olives more than thirty days apart, you are not considered "roggil" or a regular eater and there is no issue. If you eat them more often on intervals less than thirty days apart, there could be a question. Horav Shlomo maintains that eating them at shorter intervals apart than thirty days may still not make you a regular user and thus you would be permitted. He did not specify, how much less than thirty days.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit"a
Q. If you eat the shell of an esrog on tu bishvat, do you have to make sheheyanu?
A. Mishna Berura (225: 16) writes that you do not recite Sheheheyonu on eating an esrog as it does not change from year to year even during the winter months, since it survives in its tree from year to year. A similar ruling is found in Be'er Heitev (ibid. 11) in the name of Shaar Efraim.
Poiskim mention another reason not to recite this brocho since it was already said at the time the mitzvah of lulav and esrog was observed during Sukos. Following the Halacha that when the brocho of Shehecheyonu was recited at the time the fruit was first seen, it does not have to be repeated later when it is eaten the first time (Hoelef Lecho Shlomo O.H. 92).
A third reason not to recite Shehecheyonu cited in Eishel Avrohom (225) is that once the esrog has been sweetened and preserved, you can hardly recognize that it is a new fruit and the taste would not change from year to year.
However, Divrey Sofrim (23) and Eitz Chaim (Sukka p. 352) mention that it was the tradition of the sages of Yerushalaim to recite Shehecheyonu.
Ben Ish Chay (p. Reeh, first year) mentions that it was a Yerushalmi custom to eat on Rosh Hashana an esrog and recite Shehecheyanu, but not in Tu Bishvat.
Horav Shlomo Miller's Shlit"a opinion is that you don't recite Shehecheyonu on a esrog.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. Do you have to eat the fruits on the order of the pasuk or is it enough just to make the bracha on the olives or whatever else is first?
A. Horav Shlomo Miller's Shlit"a opinion is that the order implied in the posuk is only for the purpose of providing priority to the fruit we are going to recite the brocho on and eat first. Once the brocho has been recited the order of eating the remaining fruits is inconsequential.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. Is it very important to eat fruits of Eretz Yisrael on Tu Bishvat, since you have to separate truma umaaser, and not everyone is familiar to do it correctly?
A. The tradition to eat tree fruits in Tu Bishvat is mentioned in many Poiskim in (O.H. 131), however there is generally no special mention of a requirement to eat fruits from Eretz Yisroel, although some of the Sifrei Chasidus do mentioned it. Sdey Yaar (quoted in Koveitz Maamorim p. 28) mentions that the custom may originate from the fact that Tu Bishvat is the cut-off date in the Jewish calendar for calculating the age of a fruit-bearing tree, and it depends on when most of the rains of the year have already elapsed in Eretz Yisroel. (Rosh Hashono 14a). Peroisecho Metukim narrates how in many Chasidic kehilos they made a special effort to obtain fruits grown in Israel. Nitey Gavriel (Purim 5 note 6) quotes extensive sources of different Chasidic dynasties and their vehement pursue on Tu Bishvat for fruits from Eretz Yisroel. (See Tur O.H. 208 and Bach ibid. in regards to the holiness of those fruits today and Talmud Sotah 14b in regards to Moshe Rabbenu wanting to eat from Eretz Yisroel fruits)
Horav Shlomo Miller's Shlit'a opinion is that you do not have to acquire Israeli fruits for observing the Tu Bishvat traditions, especially if it involves questionable Halachic issues.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a.
Q. Is there a problem eating olives since they are supposed to make you forget?
A. Talmud (Horayos 13b) teaches that five things cause forgetting the Torah one has learned; one of them is eating olives regularly.
Poiskim differ whether this is an actual prohibition (Divrei Malkiel 4: 1, Hisorerus Teshuvo 367, Lehoros Nossan 1: 59. See Piskey Teshuvos 170: 18) or if it is only good advice and a recommendation (Yabia Omer Y.D. 3: 8 :4, Sefer Hazikaron – Siach Hassode, introd.)
Many Poiskim opine that the Talmud is only referring to raw or fresh olives not the ones that have been pickled or salted (Mor Uk'tzio 170, Kaf Hachaim 157: 27 et. al.) Others maintain that adding olive oil (which is beneficial for memory) to the olives, removes their detrimental effect (Shalmas Chaim 501), However, Sefer Hazikaron (11) disagrees. How much oil should be added? Halichos Shlomo (Tefiloh 2, note 103) mentions even a very small amount others disagree. Some suggest immersing them in olive oil (Shemiras Hanefesh, notes), others sustain that it does not help (Oisrei Laggefen p. 347)
What exactly qualifies as being "roggil" or regular is also in dispute. Sefer Hazikaron (p. 10) maintains that even eating olives once in thirty days meets the criteria, (as in Brochos 40a – on eating lentils). Others (Vein Lomo Michshol p. 345) argue that "roggil" is every day (as in Brochos 6b – on attending shul). Maim Chaim (O.H. 190) rules that even eating olives every day if the amounts are small, is not called being regular. There is also one opinion that asserts that only black olives can cause forgetting not the green ones (Toras Yaakov 3, quoting Avrohom Ezkor)
Finally, the Arizal (quoted in Kaf Ha'Chayim 24:43) writes that olives cause amei haaretz to forget, but if one eats them with the right kavanah or intention, on the contrary they help one to remember. We should intend 'Kel Elokim Matzpatz', which has the same Gematriya (417) as zayis, and this intention counters the forgetting power of olives
Horav Shlomo Miller's Shlit"a opinion is that there is no prohibition on eating olives and "roggil" could be even less than thirty days.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a.
Q. What bracha do you make on the peel of an esrog that was turned into some kind of jam, if you can still recognize the peel?
A. Mishna Berura (202: 19) cites Mogen Avrohom that on unripe small fruits that are bitter and inedible, once you have cooked and sweetened them, you recite Shehakol. However in Shaarey Tziyon (ibid. 19) quotes Olelos Efraim saying that as long as you eat the fruit itself even if it was bitter and inedible before you sweetened it, you recite Bore Peri Hoetz. Poskim also disagree on what brocho to recite over just the peel by itself. Ben Ish Chai (par. Pinchas 1: 4) presents three different opinions; Hoetz, Hoadomo and if sweetened Shehakol. However Taz (205: 3), Chasam Sofer (O.H. 207), Kaf Hachaim (202: 55) and Ponim Meiros (1: 65) and others maintain that even when sweetened the brocho is Hoetz. Zichron Yehuda (p. 23) quoting Imrei Eish adds as a reason for Hoetz is that the Torah calles the fruit P'ri Eitz and people plant esrogim having in mind that after using them for the mitzvah, they will eat them sweetened.
Horav Shlomo Miller's Shlit"a opinion is that when the esrog was prepared and sweetened the brocho for the white fleshy parts together with the thin green peel is Hoetz, as this are the only parts that are eaten when sugared.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. When we collect the cherries, (of a fruit tree) since some of them are very high up, is it permitted to cut a complete branch?
A. Many Poskim maintain that the prohibition (see previous question) applies only to cutting down the entire tree but not when just a few branches are cut.( Mishneh Lamelech, Isurei Mizbeach 7: 3, Aruch ha-Shulchan 116:13; Har Tzvi O.C. 2:101; Harav Y.S. Elyashiv and Harav S. Wosner (quoted in Eitz ha-Sadeh 1, note 15).) Although some authorities are stringent, (Doveiv Meisharim 2:42.) they allow to cut branches to meet any need for the benefit or the tree, such as pruning, collecting the fruit, or to fulfill a mitzvah, e.g., if the branches are hovering over a sukkah or harvesting a lulav (Darchei Teshuvah 116: 51, see Weekly Halacha – Baal Tashchis).
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. [When it is prohibited to cut down a tree,] would it help if I plant another similar tree to replace it in another part of the back yard?
A. Poiskim permit transplanting a tree; with its roots and surrounding earth when needed and when we can safely assume that the tree will survive in its new location, (Sheilas Yaavetz Y.D.1: 96, Chasam Sofer Y.D. 102. See Mibeis Levi (p. 58), that this is a difficult procedure that is seldom worth the effort.
Horav Shlomo Miller's Shlit"a opinion is that planting a new similar tree or even taking a branch from the existing one, does not minimize at all the prohibitions involved, as in Halacha (e.g. in regards to Orlo) it would be considered growing a new tree, not preserving the old one. He added, that outside of Eretz Yisroel when transplanting the same tree with its roots and surrounding earth to a new location, you do not have to be concerned if at some point the tree is not in contact with the ground, as when placed on a wheelbarrow or truck.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. My husband is recuperating in hospital and wants to make Kiddush on Shabbat. To avoid the high sugar content in grape juice is it better he recites Kiddush over tea or coffee, or maybe he should just take a sip and I will drink the rest of the cup, since he is making it for me too? How much water can you add to the grape juice and still make Kiddush on it?
Thank you
A. Horav Shlomo Miller's Shlit'a opinion is that your husband should take a sip of the grape juice and you should drink the rest (or most) of the cup.
He maintains that you can dilute our common grape juice (not the light one), up to a bit less than half water.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. I have a few questions resulting from the recent ice storm… My snow-removing gardener told me that I should contact an arborist if I want to save the (split cherry) tree. I know that we don't cut fruit trees, but do I have to pay to save the tree?
A. There is a Biblical prohibition (Devarim 20: 19) on cutting down a fruit tree. Besides there is also an element of peril, as the Talmud ( Bava Kama 91b; Bava Basra 26a) quotes Rav Chanina as blaming his son's untimely passing on the fact the his son had cut down a fig tree while it was still flourishing. Additionally, we find in the Talmud (Suka 29a) that the moon and stars are "castigated" (eclipsed) because healthy, fruit-bearing trees are chopped down. Rabbeinu Yehudah he-Chasid in his Will [45] also warns against destroying any fruit-producing trees.
As significant as those sanctions are, there is, however, no obligation to save a sick or dying tree.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. I have a few questions resulting from the recent ice storm. I have in my property a cherry tree that is close to my frum neighbors shared fence, the tree split in two and a massive branch fell and damaged not only the fence but his shed too. Do I have to pay for the cleanup and damages in his property? In the past, I let my neighbor collect the cherries from the branches growing over his side. Does that not mean that that part of the tree is his and not my responsibility?
A. A person is exempt for the damages caused by his property if they occurred as an oneis or a situation that is totally beyond his control as opposed to damages done directly by him were he is liable on unintentional damages (Baba Kama 26a). Therefore, there is no obligation to pay for the damages caused to the fence and neighbors shed.
In regards to the cleanup, Horav Shlomo Miller's Shlit"a opinion, based on the ruling of the Chazon Ish (Bovo Basro end of 14) is that the tree branches that were overhanging into the neighbors property before the tree fell are the responsibility of the neighbor regardless whether he had permission to eat the fruits or not, since he could have cut those branches if he wanted to. However, on the branches of the tree that were on the tree owner's property space and fell into the other side he will be liable for their removal.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. A patient hospitalized and wearing diapers…. How about the Mitzvoth of fearing and loving Hashem or feeling you are in His presence in such situations?
A. Chochmas Shlomo (O.H. 85.) considers whether one is permitted to contemplate Hashem's presence (Shivisi Hashem) when in an unclean situation. He proves from (Talmud Yuma 7b) in regards to the tzits or the golden plate that bore Hashem's name, that it is acceptable.
However, it would appear from the fact that Mishna Berura (85: 5) writes that it is obvious it is permitted to reflect while in a bathroom over the truth of human frailty and finality, and does not extend this to Hashem's presence, that this is not allowed (Piskey Teshuvos (ibid.). Nevertheless, many Poiskim are lenient and permit the compliance of all six constant mitzvos (such as believe, love, fear, unity of Hashem etc.) everywhere (Biur Halocho O.H. 1 and Piskey Teshuvos 85: 5) since they are more of a constant feeling than a conscious mental thought.
Horav Shlomo Miller Shlit'a agrees.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. What does he (a patient hospitalized) do (in regards to tefilos, sh'ma and Torah learning) when he is wearing a catheter attached to a urine bag?
A. In regards to a patient whose urine is drained via a catheter, many Poiskim are lenient and permit prayers, even if he constantly flows (see question above, when he is not using a catheter) and the tube and urine receptacle are covered. (Igrois Moishe O.H. 1: 27). The reason for the leniency is that he may not feel when the urine drains (Tzits Eliezer 8: 1) or since it drains in an unnatural way it is not considered a normal urine discharge (Horav Chenkin Zt"l quoted in Mishne Halochois 2: 65, Even Yisroel 80, see also Nishmas Avrohom 1: 76: 9 et. al.)
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Important Numbers
