Q. Is one allowed to crumple up a disposable aluminum pan on Shabbos?
A. Shulchan Aruch (O.H. 314: 1 and Biur Halacha) rule that there is a rabbinical proscription of destroying utensils on Shabbos. However, on a disposable utensil or "keli gorua", Poiskim maintain that there is no prohibition (Binyan Shabbos 2 p. 173).
Poiskim disagree whether aluminum pans are considered utensils for tevilah requirement. Many maintain that they do not. (Igros Moshe Y.D. 3:23, Minchas Yitzchok 5:32, Teshuvos Vehanhogos 3:259, Oz Nedberu 7:71, et. al.) Others see them as proper utensils which require immersion (Mishneh Halochos 7:111, Emes Leyakov Y.D. 220. see Tevilas Kelim p.233).
Horav Shlomo Miller's Shlit"a opinion is that if the aluminum pan would generally be used a few times by others, on the onset, one should avoid destroying it on Shabbos, unless it is necessary for cleanliness, as would be the case, when you try to fit all the waste in the can and close the lid, to avoid smells or insects. If the pan is burned or soiled and most would not reuse it, it could be crumpled as you would do with paper disposables.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. How can I use makeup remover on Shabbos?
The remover is liquid. When I wake up shabbos morning, at times the makeup runs under my eyes so I want to know if u can clean it up with makeup remover by putting a little on a q-tip or just using my finger.
A. Shmiras Shabbos Kehilchoso (14: n. 79) quotes Horav S.Z. Auerbach's Zt"l opinion that there is no prohibition of memachek or smoothing on the human body and you can remove tar or pitch off the skin. The toldoh (sub-category) of memarei'ach (spreading or scraping) also does not apply, since there is no intention whatsoever for doing it and it is not the way this particular melocho is performed (39 Melochos 3: p. 749: n. 63). When removing an existing colored layer from the body, tzoivea or coloring does not apply either. This is true even if the untreated skin is of better appearance than the used makeup layer now being removed (ibid.).
Horav Shlomo Miller Shlit"a also permits using a q-tip if the liquid amount is small, as it has a handle and there will not be any schita or squeezing done.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. (On Asarah Beteveth on Friday this year) Can one preparing the food for Shabbat on Friday, taste it without swallowing, to see if it is well prepared? Do you then make a bracha?
A. Remoh (O.H. 567: 1) rules that on a communal fasting one should not taste the food without swallowing. Mishna Berura (ibid. 6) however permits when someone is preparing a mitzvah banquet, to taste a tiny bit, without swallowing any, to ascertain that it is salted and flavored properly. (See also Pri Megodim 250: 1 and Piskey Teshuvos ibid.)
Horav Shlomo Millers's Shlit'a opinion is that if it is necessary to taste the food l'kvod Shabbos as above, you don't make a brocho.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. (On Asarah Beteveth on Friday this year) if someone davens mincha early, can he then make an early Shabbat and eat before nightfall?
A. Shulchan Aruch (O.H. 249:) quotes an opinion that even on a taanis tzibur (communal fast) you only have to fast on erev Shabbos until you exit the shul after kabbolas Shabbos, past plag hamincha (one and one quarter hour before nightfall). However the Remoh rules that on a communal fast day such as the Tenth of Teves, you should complete the fast until nightfall.
Nitey Gavriel (Chanukah 63: 7) maintains that in the U.S.A. when needed, you can end this fast about a half an hour after the shkiah (ten minutes suffice in Israel). Some Poiskim (Yitzchak Yranen 41) are more lenient and follow the first opinion of the Remoh (above) and permit ending the fast at the shkiah.
Horav Shlomo Miller's Shlit"a opinion is that Ashkenazim should follow the opinion of the Remoh and fast until nightfall, however, if someone usually keeps Rabeinu Tam's timetable, in this case he does not have to wait the full seventy-two minutes.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. Some questions concerning Asarah Beteveth on Friday this year;
We usually have trouble gathering the mincha minyan on time erev Shabbat. If we are late and after the shkiah can we still say anenu? How about reading vaichal and maftir?
A. D'var Yehoshua (63: 2) opines that if you can daven Mincha after the shkiah you can also read Vaychal and say maftir. Nonetheless, on the onset one should be careful not to recite aneynu on Shabbos, since it is improper to mention on Shabbos “on the day of our fasting".
However, Shulchan Aruch (O.H. 289: 6) rules that if you fast on Shabbos a permitted bad-dream fast, you are to recite aneynu after the end of shmoneh esrey, before Elokay netzor (Mishnah Berurah ibid. 22)
Horav Shlomo Miller's Shlit"a opinion is that only during the fifteen minutes after the shkiah you may finish the maftir and do an abbreviated (hoicher) sh'mone esreh including aneynu at shomeah tefilah. (See also Maharam Shik O.H. 91, in regards to the permissibility of praying Mincha after the shkiah)
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. The bop (bureau of prisons) does not serve fresh vegetables to Jewish inmates. You get a microwaved meal and sometimes sealed tuna or sardines. It is called common fare. However, the non Jews get fresh salad from a salad bar, like cut lettuce, cut coleslaw etc. Can a Jewish inmate eat from that? We were told that the silverware and utensils that they make the salads are only used for salad?
Sincerely,
A concerned prisoner
A. Horav Shlomo Miller's Shlit"a opinion is that if in fact the utensils used for preparing the salad are dedicated for that purpose only and they are clean and used cold, you can eat the salad in your particular situation. However great care should be taken to inspect the salad leafs to see that they don't have any insects, (you may want to wash those leaves well). You have to avoid salads that contain dressings, as they require kosher certification. Coleslaw may not meet these requirements.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. (When making a Mi Sheverach for a sick person) If he is an assimilated cohen married to a non Jewish woman, do you still mention hacohen in the mi sheverach.
A. See prior answer, that in general you don't have to mention at all in a Mi Sheverach titles including cohen or levy. In this particular case, in principle, this individual is still a cohen, although, you may not call him to the Torah reading. His children from this wife will not be cohanim.
Horav Shlomo miller Shlit'a suggested that you should also pray for his "refuas hanefesh", spiritual healing and return to Judaism.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. When making a mi sheverach for a sick person who is a cohen, do you mention hacohen after his name or after his mother's name?
A. Birkey Yosef (Y.D. 240: 4) writes that when praying on behalf of one's father or Rebbe, he should omit mentioning titles of honor. As Shlomo said when talking to Hashem; "David my father" and Elisha expressed: "the G-d of Eliahu". The reason is that in front of Hashem we can only be humble. Uriah, he adds, was considered rebellious when he mentioned; "my master Yoav" in the presence of King David. A similar position is quoted in Minchas Chinuch (257: 12) in the name of Maavar Yabok.
Horav Shlomo Miler's Shlit"a opinion is that you don't have to mention in a Mi Sheverach the fact that the sick individual, is a cohen or levy.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. Shalom, Dear Rabbi, What is the reason that the Hanukkah candles have to be lit for at least half an hour? What is so special about a thirty-minute period?
Thanks.
A. The Talmud (Shabbos 21b) mentions that the menorah lights must burn until the time the Tarmudoi have departed from the streets. Rashi (ibid.) explains that; they were a nation of street peddlers who sold lighting materials, and waited in the streets later than the general populace, as their wares might be then needed.
Indeed the half an hour period is not cited in the Talmud. Horav Shlomo Miller Shlit'a told us that the RI"F commentary might be the first one to mention that time period. The Rosh, Tur and Bais Yosef (O.H. 672) as well as the Rambam (Chanuka 4: 5) and Shulchan Aruch (ibid.) also record it. They must have assessed that to be the period required by the Talmud. It is noteworthy that they mention "K'mo Chatzi Shaah" or approximately a half an hour.
A time period of a half an hour is used in several instances in Halacha, such as the time for beginning praying mincha after mid-day (Talmud Yuma 28b), or eating before tefilah or separating between milk and meat etc.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit"a
Q. When finishing the tefilah (after maariv during Chanukah), the last one to leave extinguishes the lights of the menorah before a half an hour of being lit has passed, as they do in many Shuln that I know, is that OK?
A. Some Poiskim maintain that in a shul you do not need to leave the candles lit for a half an hour, it suffices for them to be on as long as the mispaleleim are there. It is different from a private dwelling were the publicizing is done for the people in the street and originally when this mitzvah was established, they were there for a half an hour. (Binyan Av p.46, Leket Hachanuka p. 183, Rivavos Efraim 59) Others agree in principle with the above, but suggest that lekatchila, on the onset one should put enough oil and if possible maintain them lit for a half an hour (Teshuvos Vehanhogos 4: 171,Yalkut Yosef, Moadim p.203, Netzach Yosef p.160). Melamed Lehoil (1: 121) adds that you may complete the missing time by kindling in the morning during shacharis. Other Poiskim are more stringent and permit extinguishing the lights only when there is a fire danger or other significant need. (Shevet Halevy 8: 156,)
Horav Shlomo Miller's Shlit"a opinion is that if possible one should maintain them on for the full half an hour, however if no one is going to be there you may put out the lights or at least leave one on.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. Can you light in a shul (the menorah) before the shkiah (sunset)?
A. Shulchan Aruch (O.H. 672: 1) rules that "you do not light the menorah before the shkiah – and one opinion is that in need you may light after plag hamincha" [one and a quarter hour (zmaniyos) before nightfall]. Mishna Berura (ibid. 3) adds that you can light with a brocho.
Nonetheless Shevet Halevy (4: 66) advises that it is better to light using an agent and on the right time rather than lighting oneself before the shkiah (after plag). A few Poiskim also maintain that you should avoid kindling before the shkia and if you have too you should not recite a brocho (Piskey Teshuvos ibid.Nitey Gavriel, Chanukah 3: 11).
However in shul, where one of the main reasons for lightning is persumei nisso or publicizing the miracle and the people are present there and can see the lights, you may be more lenient when it is difficult to gather them at a different time (Shov Yaakov 22, Zivchei Tzedek Hachadoshos p. 211, see also Mishna Berurah 671: 46)
Horav Shlomo Miller's Shlit'a opinion is in general to avoid kindling before shkiah unless it is utterly necessary, such as Erev Shabbos were we do recite a brocho. Nonetheless, in a shul, you can be more lenient.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. When making a Hanuka party in a large room that was in the past used for a Shul and now is only used for shiurim and only occasionally for a minyan, can you light there the menorah at the party with a bracha?
A. Minchas Elozor (O.H. 2: 68) enumerates four reasons why we light a menorah in a shul: a) For the sake of visitors who don't have their own. (Bais Yosef O.H. 671, Sefer Hatanya), b) To include the ones who do not know how to light or make a brocho or are negligent in doing so (Kolbo 67.), c) Persumei nisso or publicizing the miracle and remembrance of the Bais Hamikdosh (Kolbo and Bais Yosef, ibid.) d) Since historically many times we could not light outside or by un-shuttered windows, we publicize the miracle in the shul (Rivosh, Shulchan Aruch O.H. 671: 7).
In the venue you describe some of the above reasons may be absent, therefore Horav Shlomo Miller Shlit"a ruled to light without a brocho. However, he suggested that a child, old enough to understand the meaning of the mitzvah (higia l'chinuch and as part of his chinuch) maybe might recite the brochos. (see also Yalkut Yosef O.H. 13: p. 203)
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. Hi Rabbi, Can I take pictures of my kids and family by the Hanukah menorah or is this considered as deriving benefit from the light of the Hanukah candles?
A. Chelek Levy (Y.D. 124) permits taking photographs from a matzeivah and benefiting either from glancing at it or selling it, although it is prohibited to benefit from the burial monument itself. His reasoning is that if it would be forbidden to gaze at the picture you would also not be permitted to look at the stone itself and that is unheard off. In Pesachim (26a) we learn that there in no meilah or misuse of kodshim for just looking although it still is rabinically prohibited, he quotes Tosafos (ibid.) that it only applies to kodshim and not other benefit prohibitions. He also reasons that it is an indirect benefit.
However, Alenu Leshabeach (Shemos, Responsa 3) maintains that one should not use a picture taken by the menorah if that light enhances the picture. He also questions the widespread use of photography by the Kosel, when it is used as a background.
Most Poskim are lenient on the benefit of pictures taken on Shabbos of a newborn at the hospital by a Gentile, especially if he charges for them as he is photographing for his own advantage.(Beer Moshe 3: 84, Yalkut Yosef O.H. 9: 307: 26, Ad'ney Shlomo p. 117, however Melachim Amanecha p.73 following his reasoning in Alenu Leshabeach, is stringent)
Horav Shlomo Miller's Shlit"a opinion is that you can take and use a picture of a Chanuka menorah, since after all it is a mitzvah to gaze at the candles.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. Thanks for your prompt response. Is it possible to light the menorah (while in the hospital attending my husband, who is in intensive care) in our car parked in the parking lot of the hospital, and me staying a half an hour with only one candle lit and a shamash, since I have no other option?
A. Horav Shlomo Miller's Shlit"a opinion is that you can light one candle (the shamesh could be the inside car light) in the car parked on the parking lot of the hospital, since there is no other venue open to you. You should stay a half an hour with the Chanuka light and also eat while you wait.
Although Nitey Gavriel (Chanuka 10: 8) mentions that when traveling you can light inside a (stopped) vehicle, however, the interior of the car should be at least ten tefachim high or about one meter, and have an inside area of four square amos (about two by two meters square) which is an unlikely width in most cars. Horav Miller Shlit'a holds that to be unnecessary.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. I am going to a close family relative wedding in Bklyn., NY during Chanukah and they are putting us up in a neighbors house for 3 to 4 nights. My first night there is the last night Chanuka. My question is that also the situation is that my wife and adult daughter are leaving early during the day to the wedding hall to prepare for the wedding and will only be coming back to our Bklyn. residence after the wedding at 3 A.M. I will be going to the wedding well after Tzeis Hakochovim. What do I do about Chanukah lighting?
Do I
a)light at my place where I am staying in the proper Zman without my wife or
b) light after the wedding at 3 A.M. with my wife there. Other than the fact that its well after the zman , I don't know if my hosts lighting Chanuka licht at 3 A.M. or
c)light at the wedding with my wife about a half hour after Tzeis.
A. Horav Shlomo Miller's Shlit"a opinion is that it is better to light in your place on the proper zman and your wife should be yotze with your lighting. In addition, she may be able to attend a neighboring shul close to the wedding hall and hear the brochos and see the lights there.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. If someone wants to honor a close family member the highest honor possible at a wedding, what is considered according to CHAZAL a bigger honor, is it a Brocha at the Chupa or is it leading the Benching at the Seuda of the wedding?
A. Imparting honors is a very relative and subjective art. What is considered kovod or not, is in the eyes of the beholder. Tosafos (Kidushin 31b in the name of the Yerushalmi) relates that Rabi Yishmoel's mother would regularly wash her son's feet and then drink the water. When Rabi Yishmoel became aware, he refused to let her continue, she then complained to the sages, saying that her son does not comply with the mitzvah of honoring her. The sages demanded he explain and he enlighten them as to why he refused. The sages ordered him to let her continue washing his feet and drinking the water as this is the way to honor her.
Sichoson Shel Avdei Avos (p. 199) narrates that when Rav Shimon Sofer Zt"l, moved from Matersdorf to become Rov of Krakow he was surprised that the reading of the t'noim was not an honor in his former position and was delegated to the shamesh, while in his new congregation it was considered the greatest of kivudim and given to the Moro Deasro. (See also Arichas Hashulchan p. 46 in regards to aliyos to the Torah)
Horav Shlomo Miller's Shlit"a opinion is that in this instance, the giving the highest honor would entitle what people normally consider an uppermost honor and it would be a brocho under the chupa.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. My husband (hospitalized and in intensive care) is restricted to eat only paste like food, which is labeled as meat. He can't have fluids like water, because he chokes on them. The drink is labeled as OU- Dairy (Meat is supplied by Baycrest), how long is the minimum he has to wait between them.
Thank you for a fast reply
A. Horav Shlomo Miller's Shlit"a opinion is that in times of need, as for a sick person, it is sufficient to wait one hour if possible. Ingredients should be checked, since there may be only derivatives of milk or meat present, and he may not have to wait at all. He suggested that the patient should drink the dairy substance prior to his eating the meat.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. I'm spending practically every day and night in hospital with my husband who is in intensive care. Bikur Cholim offered us an electric menorah. Can I make a bracha when lightning or is it better to name an agent that should light for us?
A. Most Poskim rule that you should not recite a brocho on an electric menorah since it lacks a proper wick and therefore does not conform with the definition of "hadloko" or lighting. It also lacks an existing fuel supply, since the necessary electricity is not stored but rather it is constantly being generated. (Bais Yitzchok Y.D. 1: 120 & 2: 130, Levushey Mordechai 3: 59, Yaskil Avdi 3: 17, Nitey Gavriel – Chanuka 18: 23 et. al.)
Horav Shlomo Miller's Shlit"a opinion is likewise, but he permits, when no other possibility exist to light without a brocho on a battery powered electric menorah.
The best solution would be for you to name a shliach and have the agent light at your home.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. If I did contact the owner and offered to pay for the repair, (to avoid contacting the insurers) and I have a place that fixes at a lower rate, but the car owner wants to go to the dealer because he gets a rented car, do I have to agree? (Sequence to last question)
The owner is frum.
A. Horav Shlomo Miller Shlit"a suggested that the injured party, if the repair is of equivalent quality, should accept the lower rate repair. However, ethically or Bidey Shomaim the injurer should offer to pay himself for a lower rate car rental.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. If someone parked his car in an illegal parking position in the back of my properly parked car and I backed when driving out from my spot and crashed into that car that should not be parked there, do I have any liability and do I have to contact the owner if he is not present?
A. Shulchan Oruch (C. M. 378 and 379) rules that in cases were both the injurer and injured parties were in a location permitted for both (birshus) or even when the injured party was not, if the damage was done with intention the injurer is liable.
In Darkey Horoah journal (p195). in the name of Rav I.Z. Rosenzwaig a similar case is presented were the fact that the injuring driver failed to look back in his back mirror to ascertain that no one was there, as he should have, makes him be also "shelo birshus" and therefore liable.
Horav Shlomo Miller's Shlit"a opinion is similar. The only exemption would be if the car parked on his back did not leave enough space for him to drive out. Even then Bidey Shomaim or ethically he should compensate the damage or settle with the damaged party.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Important Numbers
