Q. We learn in Bava Basra (84b) that if a buyer makes a proper kinyan on his purchase and a decision has been reached on the price per unit, the sale is valid, even if no calculation has been done to ascertain how many units are contained in the purchase. That is, the total cost of the sale is still not necessarily clear.
In today's world where a sale may be subject to surcharges and taxes, is a decision regarding unit price sufficient, considering that a buyer might prefer a cheaper deal?
A. Horav Shlomo Miller's Shlit'a opinion is that taxes are standard and surcharges that are to be normally expected should not make a difference if they were not mentioned, the kinyan therefore stands.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. When the father is divorced and does not attend the Bar Mitzva of his son, should he say the bracha of baruch sheptarani in his shul on that day, not in the presence of his son?
A. Yad Yitzchak (3: 303) and Ginzei Yosef (64) maintain that he should not recite, since the brocho implies that he is standing by his son (Onsho Shelazeh).
Sheilas Shlomo (2: 75) debates whether being in the presence of the son is essential or not and recommends that if the father is not there, he should mention Meonsho Shel B'ni, in third person.
Horav Shlomo Miller's Shlit"a opinion is that since we recite this brocho omitting Hashem's name, he can say the brocho when not in the presence of his son.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit"a
Q. If the father doesn't (recite the bracha of baruch sheptarani, since he is non religious) or if he is missing at he Bar Mitzva, should the grand father or the bar mitzvah boy say the bracha?
A. The Magen Avraham (225:5) presents two different elucidations for the brocho of Boruch Sheptorani. The first rationale is that until his Bar Mitzvah the father is responsible for the transgression of his son, since he is in charge of his education and upbringing. After his Bar Mitzvah, the father is no longer liable for punishment on account of his son's failures, as the son takes on his own obligations. Therefore at that time the father thanks Hashem for his release.
On his second interpretation the Magen Avraham quotes the Levush that until now the son was liable to be punished for the misdeeds of his father. After his Bar Mitzvah he becomes an independent being, and is no longer punished on his father's account.
Kol Yaakov asks that according to the second interpretation, the son, rather than the father, should be the one to recite the blessing. Although it is not our custom, indeed the Shach on Pashas Lech Lecha mentions that the son recites the brocho.
Maharsham (8: 33) in regards to an orphan that still has a grandfather, debates whether the elder can recite this blessing since one is compelled to teach Torah to a grandson (Shulchan Aruch Y.D. 245: 3). Then again he is not liable for the mitzvah of Chinuch. He rules that since we omit today the name of Hashem in this brocho, it is correct the grandfather should also recite. A similar opinion is to be found in the commentary Shaarei Rachamim on Shaar Ephraim 4: 24 (See also Teshuvos Vehanhogos O.H. 142)
Horav Shlomo Miller's Shlit"a opinion is that the son should recite the brocho.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit"a
Q. On a Bar Mitzva where the parents are not religious but the son is on his way to become a baal teshuva and is being helped by the people of the shul to make the simcha, does the father recite the bracha of baruch sheptarani?
A. The source for the blessing of Boruch Sheptorani in which a father expresses his gratitude to Hashem for releasing him from the punishment of his son, is found in the Midrash Pashas Toldos.
Remoh (O.H. 225: 2) recommends that this blessing should be recited without mentioning the name of Hashem. The reason, he explains in Darchei Moshe (ibid.), is because this brocho is not mentioned in the Talmud.
Although, Mishna Berura (ibid.8) quotes the dissenting view of Maharil and Biur Hagra that one should include the name of Hashem, it is already an accepted tradition mentioned by many Poskim (Chaye Adam 65: 3, Aruch Hashulchan 225: 4, Kitzur Shulchan Aruch 61: 5 et.al.) to omit the name.
Regardless of whether you mention Hashem's name or not, a non-religious person should not be asked to recite publicly any brocho in shul, since he does not believe the words he is saying.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit"a
Q. I have close by a few shuln with Rabbis who are excellent speakers and I enjoy listening to all of them. If I have a choice of attending the Shabbat Hagadol speech of one Rabbi who speaks mostly on Halacha matters and indicates what the new questions and Halachik issues are and the other Rabbi who generally teaches the meaning of the Yom Tov and why we do the mitzvos and get close to Hashem, which one should I go to?
A. Mishna Berura (429: 2) is quite explicit in directing that the drosho of Sabbos Hagodol should be mainly on practical Halachik topics. Instructing the people on the observance and performance of the mitzvos such as kashering utensils searching for chometz, baking matzos and the rest of the rules of Pesach.
However, Mogen Arohon (ibid. 1), Kaf Hachaim (ibid. 4 and Sidur Yavetz mention also Divrey Musar or ethical and spiritual reflections that bring us closer to Hashem. After all, that is the ultimate purpose of all the effort and work we invest in mitzvos.
Some make a point of beginning the drosho by expounding a Pilpul lecture. So creating joy in Heaven that balances out the dinim or judgment forces awakened by the castigating words of Musar ( Notzar Chesed – Avos 4, quoted in Nitey gavriel (1: 9: 15).
Horav Shlomo Miller's Shlit"a opinion is that an individual should attend the drosho that will help him in what he needs most, as the verse reads: "One's heart knows the bitterness of his soul" (Mishle 14: 10).
He argues that today when so many excellent publications and on-line Halacha sites are available, it may for many indeed be better to attend a drosho that will generate closeness to Hashem.
He quoted the words of the Chofetz Chaim Zt'l, that the aim and purpose of the Rabbanim of generations past was to instruct the people on the ways and observance of mitzvos. Today their main goal is to teach Yiras Shamaim or fear of Heaven.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit"a
Q. I will be arriving erev pesach to the hotel around 11.00 am and will miss the siyum which is earlier, can I ask a friend attending the siyum to contact me at the airport or my car during the siyum so I can hear it by phone. Does that count as being there?
A. On question 198 on this forum namely: If you learned together (a tractate of the Talmud) with a group but now are on vacation somewhere else, can you join (the siyum fleishig banquet during the nine days) via telephone? We answered; Horav Shlomo Miller's Shlit"a ruled that if you learned the whole tractate you can join the siyum via telephone. However, if you did not study, you cannot just dial – a- siyum. Similar opinions are to be found in other Poiskim (Mekadesh Yisroel, Pesach 256, et al.).
Likewise if one learned the Masechta to be finished and is on his way to the siyum he could join via telephone the siyum.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. If there was some garbage bags left out in a private parking lot last year containing disposed food and likely chometz leftovers in them such as pieces of chala, and then this harsh winter came by and a huge mound of snow and ice was piled on top of them and it is still mostly there. Is this considered Chometz Shenofal Olov Mapoles and can be ignored after bitul, or do we have to dig it out? How about if we are in doubt if it was removed or not? What happens if the compacted snow and ice melts during Peasach?
Please see if you can find a kula, thanks
Answering your request for further clarification. Yes the garbage bags are mine and so is the property. It is not rented out but I let a neighboring building pile up their snow on that shady corner. Half the snow is gone today but there is still plenty. It could all be gone during Pesach.
A. Shulchan Aruch (O.H. 433: 8) rules that if a wall collapsed on the chometz even if the resulting heap is less than three tefachim (approximately 30 cm.) if there is danger of being bitten by a poisonous scorpion etc. one is not required to remove the pile, it suffices to annul the chometz. If there were no threat, you would be obliged to dig the chometz out unless the mound is more than three tefachim deep.
Mishna Berura (ibid. 38) quotes two dissenting opinions whether the annulment is only a rabbinical requirement since it was covered by accident and not by his intention and the concern is only that it may become uncovered during Pesach (Rashi, Ran, Nahar Shalom mentions that this is the opinion of most Poskim, Shaar Tzion ibid. 43). Other Poskim maintain that the annulment it is a biblical requisite (Mogen Avrohom ibid.)
Horav Shlomo Miller's Shlit"a opinion is that since temperatures are on the rise you should wait until the day before Erev Pesach to see how much snow and ice are left, it may then already be less than the permitted three tefachim. If the mound is still large, but after considering the weather forecast, there is a reasonable possibility that during Pesach the chometz will become uncovered, you should remove it before Pesach
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. I work as an insurance agent, can I sell on chol hamoed Pesach insurance to businesses that deal with chometz as I'm benefiting and getting commission?
A. Sheorim Hametzuyonim Behalocho (114: 29) maintains that this is similar to owing shares of a company that trades and has chometz in their possession. The fact that the insurer does not have any say and control over the insured property, clearly makes this a case similar to someone accepting responsibility over the chometz of a Gentile that is located on the property of the Gentile and is therefore permitted. (Mishna Berurah 440: 7)
Nevertheless, it is already customary for insurers to include also their business assets and policies on the sale document of chometz. The reason being that some customers may be Jewish and did not themselves sell their chometz. As an act of arvus (mutual responsibility to a fellow Isroel) the insurer includes (whatever ownership he has on them) in his selling of chometz. (Piskey Teshuvos 440: 2: 13)
Chashukei Chemed (Pesochim 5b) debates whether this applies only before Pesach but not during Pesach itself since the insurer is interested in the survival and existence of the chometz and he is now acting on it.
Horav Shlomo Miller Shlit'a pointed out that the insurance agent is not taking any responsibility himself at all, he is just representing a Gentile owned insurance company, therefore he has no direct benefit from the chometz and as long as he does not contravene the halochos of working on Chol Hamoed, he is permitted to sell the insurance.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. The last few years I have included in my chometz sale, the stocks I own from corporations that deal with chometz.
I own some McDonald's shares also and I sell them before Pesach. What about the basar vechalav stock (cheeseburgers), which is prohibited behanoah during the whole year, can I own them?
A. Poskim disagree in regards to owning shares in companies that trade and have possession of chometz products during Pesach. Some are lenient since the chometz goods are out of bounds for shareholders and they can't take possession or sell it if they wanted to. This is akin to accepting responsibility over the chometz of a Gentile that is located on the property of the Gentile and is therefore permitted. (Mishna Berurah 440: 7)
Besides they don't own the warehouses and have no right of access to it (Cheshev Hoefod 1: 82, Maharia Halevy 2: 124, Haelef Lecha Shlomo 238). Some Poskim are stringent and consider this type of partial ownership enough to transgress on the chometz prohibitions (Minchas Yitzchok 3: 1, Moadim Uzmanim 3:269). Today many Rabbonim include shares if owned in their sale document. (Piskey Teshuvos 440: 1)
Horav Shlomo Miller Shlit'a pointed out that there is a general tendency to be lenient in regards to bassar vechalav, since the proscription is less severe. In addition there may not be a prohibition of benefit at all on Tzli or fried meat and milk (see Yalkut Yosef 87 and Noam Halocho p. 31 quoting Maharam Shiff, Chavas Daas and others that there is no Hana'a prohibition). Another reason for leniency is the Rambam opinion that on bassar vechalav of an animal that is a nevelah there is no benefit prohibition (Rambam – Ma'acholos Asuros 9: 7, Lechem Mishma ibid.)
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. (I, B"H became a complete baal teshuva less than a year ago. I'm now learning at a yeshiva in Israel but my parents who are totally not orthodox want me to spend Pesach with the family together and since they are very good to me I can't say no.)
I'm expected to do my share with my siblings and help in the kitchen, serve the food and clear the table, can I do this when the food is not kosher and chametz too?
I'm in dire need for guidance and very thankful for your help.
A. On Pesach you are not allowed to serve or help serve chometz and their products to others. Additionally, Horav Shlomo Miller Shlit"a pointed out that they are also muktzah, although the chometz utensils specially glasses may not be. He advices to compromise with your siblings so that they serve the food and you clean the room or do other permitted work.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. (I, B"H became a complete baal teshuva less than a year ago. I'm now learning at a yeshiva in Israel but my parents who are totally not orthodox want me to spend Pesach with the family together and since they are very good to me I can't say no.)
I came to an understanding with my parents and they are letting me use a small kitchen in the basement that I kashered. I buy my own kosher food and use disposable dishes. But for the Seder, I have to join the family and the food is not kasher lepesach or otherwise. Can I sit with them, place a napkin and eat my own food and recite together their shortened version of the hagadah?
A. Shulcha Aruch (O.H. 440: 3) rules that you are not to seat on Pesach at the same table with one that is eating chometz even if you are using a separate tablecloth. Mishnah Berurah (ibid. 18) explains that although in other prohibitions this may be permitted, chometz in Pesach is different since even a very small amount is forbidden.
The best scenario ideally would be if you could convince your parents to observe a proper kosher seder. Since that may not be possible yet and I presume you are trying to change their attitude to religion by being kind, cooperative and respectful your best bet may be to go along with the following guidance from Horav Shlomo Miller Shlit"a.
Since I presume you are in the Toronto area the shkiah this year at the first seder will be at 8.00 PM. Most likely your parents will make an haalachik unacceptable early seder before Pesach even begins. At that time you can still eat without making kidush. You can eat your own kosher l"pesach food sparingly so you don't satiate, but not matza. You can also recite and sing along with your family their shortened Hagadah English version, explain to them the real meaning of Pesach and finish before shkiah. Then when night falls you can either do your own private seder or better get invited to a proper seder. If you have any problem finding one, please contact us a.s.a.p.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. I, B"H became a complete baal teshuva less than a year ago. I'm now learning at a yeshiva in Israel but my parents who are totally not orthodox want me to spend Pesach with the family together and since they are very good to me I can't say no.
What do I do for bedikath chametz, they don't clean the house and there are chametz products all over the place, do I have to do my room with a bracha?
A. You have to do search your room and belongings on the beginning of the night prior to the Seder, since no one else is doing bedikas chometz in that household. Although a guest who eats all his meals with his host does not have to do his own bedika, (Shulchan Oruch Horav 432: 8) in this particular case since you have your own room and eat your separate meals and no one else is searching for chometz you have to do your own bedika. (See Shevet Halevy 4: 44, Nitey Gavriel I: 20: 5 )
Horav Shlmo Miller's Shlit"a opinion is that you do make a brocho on this bedikah.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. I have mint oil, made by extracting it from the mint leaves. What Brachah, if any, is said upon smelling the oil? If I boil the leaves, do I still make a Brachah on the smell?
A. On the essential oil of aparsemon (known also as balsam or possibly commiphora opobalsamum) our sages instituted the special blessing of "Creator of pleasant oil" (Brochos 43a, Shulchan Aruch O.H. 216: 4). Poskim debate whether that blessing is said on other oils that are not exclusively grown on Eretz Yisroel (Talmidey Rabenu Yonah on Brochos 31b). Shulchan Aruch (ibid. 5) writes that on aromatic olive oil you recite; "Who created trees of fragrance" when it was extracted by expression. Mishna Berurah (ibid. 25) rules that this brocho applies only on essential oils of fruits; otherwise the blessing is "Bore Miney Bessamim".
See previous answer in regards to essential oil that was extracted by distillation.
If the purpose of the mint oil was for use in a tea or beverage infusion, many Poskim maintain that you don't recite a brocho at all (See Piskey Teshuvos 226: 7 for sources) in regards to coffee and fresh bread aroma.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q: I have boiled cloves. The resulting liquid has the pungent smell of cloves. What Brachah, if any, is said upon smelling the liquid? Does it make a difference if the cloves are still in the liquid?
A. Mishna Berurah (216: 19) rules that rose water that was created either by extracting the moisture from the roses or by soaking or boiling the flower you would recite the blessing intended for the flower itself. In the case of cloves it would be bore miney b'samim.
Shaarey Tzion (ibid. 25) debates whether it is necessary to have pieces of the flower in the ensuing liquid to be considered "an aroma that has a source" or no. Piskey Teshuvot (ibid. 8 note 58), quotes several Poskim (Shiurey Knesses Hagedolah, Bais Dovid O.H. 91 and others) that maintain, that if there is no source material left in the liquid, no brocho should be recited.
Horav Shlomo Miller's Shlit"a opinion is that if the cloves were boiled to the point that the resulting liquid has a strong and pungent aroma, if possible one should make bore miney b'samim on regular cloves and be yotze (comply) with the needed brocho. If they are not available, the one who is lenient and makes a brocho on the liquid, lo hiffsid (it is still acceptable).
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. Can someone speak lashon harah on himself? I remember hearing a story from the Chafetz Chaim that you are not allowed to, is that correct?
Thank you very much.
A. There are a number of printed versions of this known story of the Chofetz Chaim (Tnuas Hamussar 4: 90, Iturey Torah – Metzorah, see also bellow). They all share a common ending that the Chofetz Chaim expressed; that whatever insult and aggression he was object to, was indeed due to him, for having spoken lashon horah on himself.
However Poskim question the correctness of that remark, since the Chofetz Chaim in his sefer (1: 9) rules that you are not to speak ill on others even if at the same time you express wrongs on yourself. He clearly seems to imply that on oneself it would be not be a forbidden issue. Beer Maim Chaim (ibid. 15) quotes as a source for the above, the Yalkut on the verse (Yeshayahu 6: 5); for I am a man of unclean lips, and amidst a people of unclean lips I dwell. The Yalkut appends Hashem's response as; speak ill on you but not on them.
What exactly the Yalkut proves is debatable, since in front of Omniscient Hashem, after all you are required to confess all sins transgressed. (Vekone Lecha Chaver p.620).
The fact nonetheless remains that Chofetz Chaim does seem to say that there is no lashon horah when referring to oneself. (See ibid. Resposa L'Chofetz Chaim 24, Kunters Shmiraas Haloshon p. 24 et. al. for additional proofs as in Eruchin 16a, in regards to "Apey Tlossoh")
It would also seem that there is no lashon horah prohibition from the Talmud (Brochos 34b, Sotah 7b) where Rav Kahana mentions that it constitutes an act of brashness the one who openly relates his sins, as it says (Tehilim 32: 1); "Praiseworthy is he whose transgression is forgiven, whose sin is concealed". Tosafos (Brochos 34b d.h. kisuy) explains that this refers to one who is insolent and does not show remorse. It would clearly seem that there in no lashon horah prohibition involved.
Shailas Rav (p. 452) quotes that when Horav Chaim Kanievsky Shlit"a was asked about the inconsistency of the story with the above quoted Halacha, he replied; that when the listener does not realize that one is speaking ill only about himself as in the story, it is indeed prohibited, since he may come to deduce that lashon horah is permitted. (See also similar in Rabenu Yonah – maamar 227).
Horav Shlomo Miller Shlit"a explained that although it is not prohibited to tell others unnecessarily about ones shortcomings and mistakes, it is generally advisable as an eitza tova, not to do so.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. Re- removing a mezuza at the end of a tenancy. If it is a large Jewish owned rental building, but the tenants are not necessarily all Jewish (the majority is) or religious, do I take my Mezuzohs with me when I leave and give the keys back to the super? I do not know who the next tenant will be.
A. Horav Shlomo Miller's Shlit'a opinion is that as long as there is a reasonable possibility that the mezuzos may end up in the possession of an individual, Jew or Gentile, who will not respect them or may come to desecrate them, they should be removed.
Some Poskim maintain that it may be preferable to ask a Gentile to remove them.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. If I smell the cloves liquid for the dubious medicinal benefits or the mint stuff to clear the sinuses, but also have pleasure from the smell, do I make a Brachah?
A. Shulchan Aruch (O.H. 217: 2 – 3) rules that you do not recite a blessing on aromas that were created for other purposes such as masking a bad smell, even if you have intention to have pleasure from the pleasant aroma (Mishna Berurah ibid. 9)
Horav Shlomo Miller's Shlit"a opinion is that this applies equally on scents that were created for medicinal purposes.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. Can I use these vitamins on Pesach? They are very important for a medical diet that I'm undertaking.
Thanks
PS please see the e mail bellow from Freeda Vitamins
...Thank you for your email. There is no chametz in any of our individual vitamin B6 or B12 supplements. The Vitamin B12 lozenges contain mannitol which is derived from kitniyot. Except for the No Folic, No Paba B Complex, our B complex formulas contain inositol which is derived from kitniyot. The vitamin C in the Quin B Strong with C and Zinc is derived from kitniyot.
If you have any other questions, please let us know. Have a good day.
Freeda Vitamins
A. Certifying vitamins for Pesach is not an easy task since their manufacture is complicated and great expertise and knowledge is required. In general proper hashgacha is required and when not available one should not consume vitamins and food supplements on Pesach. Please check with your pharmacist if the vitamins you require can be obtained with Pesach supervision.
When the required vitamins cannot be found, Horav Shlomo Miller's Shlit"a opinion is that if the vitamins contain modified kitnios or kitnios derivatives and they are needed for medicinal purposes, they are permitted.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. If a Jew is moving into a rental property for a six month period while his own home is being repaired (owned by another Jew) can he remove his mezzuzot at the end of the tenancy?
A. Shulchan Aruch (Y.D. 291 :2) rules that a renter is obligated to place the mezuzah and when he leaves should not take it with him, unless he is renting from a Gentile. The Talmud (Bava Metziah 102a) relates of a terrible family tragedy that occurred due to the removal of the mezuzah. See also Sefer Chasidim that there is a potential threat of being cursed with the death of progeny (Lechem Yehuda ibid.)
The above applies regardless of the extent of time or the intention that the renter had when renting. He might however, claim for monetary restitution (Remoh ibid.)
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. All the tractates of the Talmud are named after the general subject matter contained therein. Why is Tractate Beitzah named so when the name's only connection to the tractate is the first word of the tractate? True there are some early commentaries that call it Maseches Yom Tov, but this question addresses those who call it Maseches Beitzah.
A. Several explanations are mentioned for the two names. Smichas Chachomim (p. 102-105) writes that the reason for the two names of this masechta that expounds the hilchos of Shabbos and Yom Tov is to allude to the Olam Havah, the Yom Shekulo Tov (Kidushin 39b). The name Beitza, he explains, stands cabbalisticly for the letter Yud on Hashem’s name. Just like the egg is circular and completely full, the letter Yud is similar and does not have an empty space in it.
Kovetz Shiurim Mar D'ror (Introduction) writes that the name Beitza (representing something newborn) points to the novelty involved in the first Mishna, namely that the opinion of Bais Hilel is to be stringent unlike his customary lenient stand and the Halacha follows his opinion.
Ysmach Hashem (p. 345) depends the two names on the dispute (Beiztah 15b) whether Yom Tov is L'Hashem for the sake of devoting our time mostly for Him or Yom Tov was given mainly Lachem for our personal enjoyment of the day.
A further reason is based on the Oznaim LaTorah (p. Ki Teitzeh) interpretation of why the Torah commanded the mitzvah of Shluach Hakan (sending off the mother bird) only on birds and not on other animals. His answer is that the compassion of birds on their young, exceeds that of other fauna in one aspect. Their eggs do not resemble the adults at all and they are not naturally adorable. Similarly divrey Torah may not necessarily have to be pleasant or attractive to be studied diligently in the beginning but eventually they will turn out to be a true Yom Tov.
Horav Shlomo Miller Shlit"a mentioned that the name Beiya is also a synonym of Tefilah, so alluding that Torah requires prayer and siato dishmayo to became a Yom Tov.
Other elucidations base themselves on the Yam Shel Shlomo (Bava Kama 4: 11) and Tiferes Yisroel (1: 1) on the propriety of the name "Beiytza"
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit"a
Important Numbers
