Q. Could you spread salt mixed with sand, sand by itself, or sawdust (on an icy entrance or steps, during Shabbath)?
A. When spreading sand you have to be concerned with the boneh or building prohibition. If the surface is paved, cemented or tiled, Poiskim mostly permit, in order to avoid injury, spreading the sand or salt-sand mix, as it will not stay and is expected to be washed away on warm weather, It is better to use sawdust for that same reason (see Mishna Berura 313: 55, Shmiras Shabbos K. 25: 9).
In regards to the muktzeh prohibition, if the sand or sawdust was prepared or set apart before Shabbos for a permitted use, it is not muktze. However, even if it was not, Poiskim would remove the muktzeh prohibition when protecting the public from harm (Sh'miras Shabbos K' ibid., 39 Melochos 2: p. 369).
See previous question, on dealing with the carrying prohibition where there is no eruv.
If available, one should ask a Gentile to do the above.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. Can you spread rock salt on Shabbath on an (icy) entrance and steps?
A. Poiskim permit spreading salt during Shabbos (in any form or presentation), on an icy path, steps or a sidewalk to save people from harm. (Machaze Eliohu 67, Sh'miras Shabbos K. 23:21). This is seen only as an indirect action or gromo of nolad (39 Melochos 2:p. 368). There is no boneh or building either, since the salt dissolves and disappears.
In a place where there is no eiruv, Horav Shlomo Miller's Shlit"a opinion is that, if it is only a rabbinical domain or karmelis (which is most common), and the salt was place before Shabbos on that same domain, you could carry the salt less than four amos (two meters) at the time.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. Is it necessary to make a heter iskeh when buying Israel government bonds? Thanks for your constant assistance.
A. Maharshag (Y.D. 50) and Igrois Moishe (Y.D. 2:63) permit lending with interest when dealing with a Jewish owned corporation, since the owners do not carry personal liability and any liens are limited to the corporate assets. Lending to the government of Israel would be similar.
Many Poiskim disagree with the above ruling and consider in reality a corporation not more than a partnership that is obligated to lend without ribbis. (See; Minchas Shlomo 1:25, Minchas Yitzchok 3:1, Ohr Mitzion Y.D. 5, et. al.) However Har Zvi (Y.D. 126) suggest that a Jewish government, since it has no identifiable or defined owners, is indeed different and is similar to Hekdesh.
In reality Israel Bonds (Igrot) is subject nonetheless to a Heter Iska, which can be viewed at their web site.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. If someone has sleep apnea, and is advised by doctor to use a sleep apnea machine every night, can one use it on Shabbos, which requires pushing an electric button to activate it and turning it off in the morning?
A. Horav Shlomo Miller's Shlit"a opinion is that when there is a compelling need for operating the apnea machine on Shabbos, as when the user cannot fall asleep without it (even if his life is not presently in danger), it can be used if it is connected to a timer that automatically turns it on. It should also be the type of machine that does not have a sensor that turns it on and off, responding to the breathing and also adjusts accordingly the pressure needed in real time, (APAP or Auto Positive Airway Pressure system) but rather the simpler continuous air stream machine.
A trial should be done before Shabbos to see if the timer set up works properly.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. If the chosson will not be davening mincha with a minyan can he say the viduy in maariv?
A. Piskei Teshuvo (E. H. 65: 14) quotes the opinion of the Sh'loh and others that it is tradition to recite viduy (similar to Yom Kippur) on Mincha even in the days when no tachanun is said.
When the chupa will take place before mincha, Poiskim rule that viduy should be recited in the shacharis tefilah. If then the chupa was delayed and they were able to daven mincha before, viduy should be recited again (Shulchan Hoezer 2: 17, Nitey Gavriel – H. Nisuin 1: 8: 9).
Horav Shlomo Miller's Shlit"a opinion is that the viduy should be recited during mincha of the day of their fasting and atonement, not during the maariv after.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. If the chupa is at night well after tzeis do they (chosson- kallah) still have to fast?
A. Poiskim disagree whether the chosson- kallah have to continue fasting after the day's end or they can eat before the chupa. Those who sponsor the view that the fast's reason is to avoid inebriation during the ceremony, would rule to keep on fasting until after the kidushin (Aruch Hashulchan E.H. 61: 21). But for those Poiskim who maintain that the fasting is for the forgiveness of sins, it would suffice to complete the day's fast.(Chochmas Odom 115: 2 et. al.).
Horav Shlomo Miller's Shlit'a opinion, echoes that of other Poiskim who maintain that when needed you can eat (but not drink alcoholic beverages) after tzeis hakochavim.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. A few questions concerning the fast of chosson kallah on the wedding day. Is there any source for the parents also fasting? If the chupa is at night well after tzeis do they still have to fast?
A. Darkei Moshe ( O.H. 580: 1) mentions this tradition, so does Shulchan Hoezer (6: 5), Likutei Mahaiach (H. Nisuin), Sefer Haminhagim (p. 75 quoting Rayatz), Kitzur Nachlas Shivo (148) and others.
Tiferes Leshivo (on ibid.) offers a reason, following Mahari Bruno's motive for the fast. The Talmud (Shabbos 130a) teaches: “There is no kesuvo (or wedding) where there is no dissension". To avoid and mend any such discord, since it is the parents who most likely would be the subject or cause to the above, they are then the ones that also fast and pray.
However, Divrei Yatziv (E.H. 5: 74) mentions the reason above for exactly the opposite effect, mainly; that the parents should not fast least they became surly and dour and thus generate more of the unwelcome dissent.
Mogen Avrohom (O.H. 573: 1) mentions that when the father is the one receiving the kidushin on behalf of his daughter, he should fast. This ensues if reason for fasting is to avoid inebriation. Though, if the rationale for fasting is the forgiveness of sins, then he should not fast.
It is interesting to mention that Kedushas Levi (Chaye Sarah) mentions that Eliezer fasted when he gave kidushin to Rivka as an agent of Itzchak. ("I will not eat until I have spoken my words." (Bereshis; 24:33)
Curiously, Seder Eirusin Venisuin L'rabboseinu Horishonim quotes in the name of Rabenu Ephraim, that there is a tradition where also the other relatives fast, and it is purposely to avoid complete joy (after the churban), or as the Degel Machane Ephraim (p. Bo) indicates that there is forgiveness of sins not only for the chosson and kallah, but also for other relatives that accompany them.
Even though there are many who follow this minhag, it is not widespread or common.
Horav Shlomo Miller Shlit"a advises all to follow their own family traditions, he mentioned that he indeed follows the custom of parental fasting.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. If one recites the beracha for lighting Shabbos candles on Yom Tov candles (not when Shabbos falls on yom tov), what should be done?
A. If one remembers immediately (within "toch k'dei dibbur" or the time-space of three words) Yom Tov should be mentioned and it would be considered as having recited the proper brocho. Otherwise, there are different opinions if the brocho on already lit candles can be recited. Mishna Berura (263: 21) quotes two rulings in regards to a woman who wants to light Shabbos candles, but still continue doing melochos before the shkiah. Firstly, Maharam who permits reciting the brocho after the shkiah, on lit candles. Then Mogen Avrohom (ibid.11) who disagrees, questioning how can you say "Lehadlik" when it is already prohibited to light (Pri Megodim). Mishna Berura seems to agree with the Mogen Avrohom.
However, if it still before sunset and it is still permitted to light, some Poiskim permit reciting, arguing that this is the widespread practice, since women light the candles first, then cover their eyes and recite the brocho. (Seder Brochos p. 391, quoting Eliohu Rabbo, ibid. See also Responsa Rabbi Akiva Eiger (2: 13), in regards to Hanukkah lights).
In the case in question, as it is Yom Tov you can light candles after the shkiah. Horav Shlomo Miller's Shlit"a opinion is that it is better to light one additional candle before you make the brocho of Lehadlik ner shelYom Tov.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Q. If you forget to make an eruv tavshilin, you can rely on the Rav's, but only once. Could you use a different Rav's eruv another time or only once per persons and it is not dependant on the Rav?
A. The reason you can rely on the Rov's eruv tavshilin only once is that the repeater is considered willfully negligent (Mishna Berura 527: 22), so the same would apply if he relies on a different Rov's eiruv. It is worth mentioning that the rejection of the repeaters eiruv, according to a number of Poiskim is only if it is consecutive. If he was diligent and kept with the eiruv mitzva in between, he will not be penalized the next time he forgets (Kaf Hachaim ibid. 48, Betzel Hachochmo 6:91, Piskey Teshuvos ibid. 8). Another leniency is to be found in Aruch Hashulchan (ibid. 18) who suggests that the penalty does not apply in our busy and hectic contemporary society. On the other side, Mogen Avrohom (ibid. 6) rules that if the neglect was done intentionally you cannot rely even once on the Rov's eiruv. However, Mishna Berura (ibid.26) quotes many Poiskim that permit depending on the Rov's eiruv even lechatchila when they always do so (which is unusual today). He rules that one may rely on them after the fact for the sake of Simchas and the enjoyment of Yom Tov.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
Q. Two situations one question: Are you allowed to erase Shem HaShem on a cellphone?
1 - am I allowed to use a picture of a brocha on my phone that has Shem HaShem on it?
2 - what to do if, for example, someone has posted a picture of something with Shem HaShem in it.
A. Most Poiskim rule that Hashem's name written on a screen can be erased and they have no sanctity as the pixels which make up the letters on a computer screen are being refreshed many times a second and are considered to be more virtual than real.
T'shuvos Vehanhogos (3: 326) permits erasing Hashems name adding also the fact that it was not written with the intention of kedusha. He also points out that s'forim like chumashim and sidurim, are commonly printed today by using computers and so are the very effective and essential programs to check the kashrus of sifrei Torah and tefilin. So too is lenient Avnei Yoshfe (4: 105) and Nishmas Shabbos (Mechika Uksiva 137).and others (see Piskey Teshuvos 174)
However some Poiskim are more stringent, Shevet Halevy (7, 4) rules that even though erasing a name written on a screen is not biblically prohibited one should avoid doing so only in cases of great need, a similar opinion is to be found in Sheilas Shoul (Y.D. 59: 3).
Horav Shlomo Miller's Shlit'a opinion is that it is permitted to read Torah and Tefilos with Hashem's name from a screen when needed, but one should always do so with decorum and kedusha.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. If someone attends a kiddush on Shabbos and is served plated food, can he trade with his friend the portion he received, e.g. a piece of chicken for a slice of meat, or is that the same as doing business on Shabbos?
A. Rambam (H. Shabbos 23: 12) writes that the reason one may not buy, sell, rent or do business on Shabbos is that one may come to write.
Shulchan Aruch (O.H. 323: 4) permits taking food from a food seller in Shabbos, if no price is quoted. Mishna Berura (ibid. 1) rules that one should not use the term buy, sell, or pay. Mishna Berura (307: 46) adds that this may be done only when it is needed for Shabbos use.
See also Shulchan Aruch (325: 3) that permits exchanging one loan security object for others. Simchas Shabbos (28: 55) permits the substituting or swapping of permitted work shifts. However, Avnei Yoshfe (O.H. 32) prohibits the trading in Shabbos of cards that portray the photographs of Gedolim by children including their distribution amongst the youngsters.
Horav Shlomo Miler's Shlit"a opinion is that it is permitted to trade food portions if you follow the conditions mentioned above.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. When is Sunset, is it when the bottom part of the sun first hits the horizon or when the top part of the sun hits the horizon?
A) It is clear from the Shulchan Oruch (O.H. 261: 2), other Poiskim and it is also the common accepted norm, that the shkiah begins when the complete body of the Sun disappears bellow the horizon. That is for both opinions as to when the time of doubtful or sofek Shabbos begins. (According to Rabeinu Tam the first Shkiah also is counted from the time of complete setting of the body of the Sun.
However there are some dissenting opinions that maintain that the sunset begins before (see Tosafos Horosh on Shabbos 35).
In using astronomical tables to calculate the shkiah, the time of sunset is also defined on those tables, as the moment when the trailing edge of the Sun's disk disappears below the horizon. (NOAA.org) A caveat is that the ray path of the light from the setting Sun is highly distorted near the horizon because of atmospheric refraction, making the sunset appear to occur when the Sun's disk is already about one diameter below the horizon (Leket Yosher p. 441).
Horav Shlomo Miller's Shlit"a opinion is that it is commonly at least one minute off. We should be stringent to add two minutes to the times quoted.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. In our institutional dining hall, there is an electric drink machine, which dispenses flavored drinks. How do I get a drink on Shabbos from that machine? Can I ask a non-Jew to push the button?
A. Horav Shlomo Miller's Shlit"a opinion is that you may ask indirectly the Gentile before Shabbos that when he takes drinks he should dispense two for himself. If he does not want it you would consume it.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. Is one allowed to make coke slush on shabbos, by putting coke (or any beverage) in the freezer until it becomes partially frozen (slush)? is this considered litzorech and מותר or is it problematic?
A. Dovev Meishorim (1: 55) prohibits making ice on Shabbos because of nolad or creating something new. Chid"o in Lev Chaim (2: 182) also prohibits as he considers it akin to curdling milk into cheese, and that qualifies as boneh or building.
Many Poiskim disagree since solidifying water into ice is not creating something new but rather changing the state of water. It is also not done directly with ones hands but indirectly by temperature drop and it is also reversible. (Shmiras Shabbos Kehilchoso, 10 note 14, quoting Rav Shlomo Zalman Auerbach Zt"l, permits in case of real need, Hilchos Shabbos quoting Rav Moshe Feinstein Zt"l , 39 Melochos 2, p.286, Halichos Olam 4, pg. 93, et. al.)
Horav Shlomo Miller's Shlit"a opinion is that when needed in Shabbos it is permitted.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. It may be K'day to clarify if in our society wood left in the yard is Muchan for Yom Tov fire use.
A. Horav Shlomo Miller's Shlit"a opinion is that yard wood that was collected for burning in a fireplace or a BBQ fire pit can be used for those purposes in Yom Tov, even if it was only designated for that use by thought and was not physically changed.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. The bop (Federal Bureau of Prisons) does not give any hot meals on Shabbos. We sometimes buy meals from meal mart that have to be microwaved to be eaten hot. Is there a way we can ask a non-Jew to warm it up for us on Shabbos. There are no crock pots or warmers, only microwaves.
One Sefardi guy from Israel said his Rav gave him permission, provided he makes a contract with a non-Jew before Shabbos and he specifies exactly what time he has to warm it up on Shabbos?
Is that an acceptable ruling?
A. No, that is not an acceptable ruling. There are two distinctive prohibitions in regards to Amira L'akum or instructing a Gentile to do work for you on Shabbos.
One is the request itself, and three reasons are given for the proscription; a) Refraining from the carelessness and laxity towards all melochos caused if you could do everything employing a Gentile (Rambam H. Shabbos 6:1). b) The non-Jew would become your agent and his work would automatically be attributed to you, (since by rabbinic decree there is lechumra shelichut l'akum – see Aruch Hashulchan O.H. 243:1) c) The rabbinic proscription of Mimtza Heftzecha, which requires that your speech on Shabbos should be different (Rashi – Avoda Zarah 15a).
Additionally there is a prohibition of benefiting from the work done by a Gentile on Shabbos, even if he was not instructed to do so by the Yisroel, as long as the benefit is new and substantial. (Mogen Avrohom 334:27). E.g. the Gentile turned on the light for someone eating in the dark, even when he was not requested to do so, (Remoh O.H. 276: 1) or he cooked food for him (Mishna Berura 253: 99). However it would be permitted if the non-Jew did the above when not instructed and for his own personal benefit.
Another permitted situation is when you have a rabbinical proscription that is only prohibited because of another rabbinical injunction and the act to be done is itself is a mitzvah, e.g. instructing a Gentile (first Rabbinical prohibition) to carry an object in a karmelis (a partial public domain and second rabbinical injunction) for the purpose of complying with a mitzvah like a bris milah.
Horav Shlomo Miller Shlit"a suggested that it may be permitted to ask the Gentile before Shabbos in an indirect fashion, that if and when he warms some food for himself in the microwave oven, he could include the covered and still sealed meal-mart tray. This is assuming that the food is solid, has been already pre-cooked and only requires warming. Adding the fact that microwave cooking may only be rabbinicaly prohibited, (and there may not be a shehia or chazara problem)
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. I have a question, when did Yovel begin or for that matter, when did the Yidden start counting Shemita? I heard that this year or coming year is a Shemita, Is that true?
A) Yovel began after the fourteen-year period of conquest and allotment of Eretz Yisroel to the tribes was completed. Toras Kohanim (25, 1) deduces the above from the verse "You may sow your field for six years, and for six years you may prune your vineyard" saying; we count sh'mitah only when an individual can identify his field and if there is no sh'mita there is no yovel. The first year of yovel was kept sixty-four years after entering Israel. (Following the opinion of the sages, Rambam H. Sh'mita Veyovel 10)
The next sh'mita will be next year; 5775 (25 Sept 2014 - 13 Sept 2015).
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. Is it OK to take out the plastic coated wire that holds together a reed mat and glue the reeds to a 2x4 so that the reeds stay in place and don't blow away?
Horav Shlomo Miller's Shlit"a opinion is that the glued reeds may be considered as a solid mass of wood and would have to be then less than four tefochim (32 cm.) wide to be used as schach, otherwise they could be disqualified because of gezeiras tikro, or avoiding the building of a permanent roof.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. When bookbinding a sefer, sometimes you must drill holes in the pages to repair it. Is the paper dust that comes off the drill bit considered shaymos?
A. Mishna Berura (334: 50) rules that on s'forim that have already been used, the empty margins have the kedusha of the sefer. Rashi (Shabbos 90a) explains that "m'kak" is dust or particles "kol shehu" of s'forim and require geniza or proper dignified disposal in an adequate repository.
There is a biblical prohibition in not following due process (Lo Taasun Ken – Devorim 12: 31, see Mogen Avrohom 154: 9) and Ein Yitzchok Y.D. 1:5 quoting Noda Beyehuda Y.D. 1: 75 that it is only rabbinical).
Daas Kedoshim (282) mentions that only particles that are recognizable require geniza. Ginzei Kodesh (p. 78) further defines these as particles that have some mass to them, as oposed to chalk dust from an erased blackboard or dust from an erased Torah word. (Vedorashto Vechokarto O.H. 72-73)
Horav Shlomo Miller's Shlit'a opinion is that the paper particles created by drilling is considered "m'kak" of Sifrei Kodesh and requires proper geniza. He advised to place a sheet of paper under the sefer prior to the drilling to collect those particles.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. On a pop up suka that you use for traveling, the area inside is only about a square meter and people eat in it usually standing do you have to have a chair and table too?
A. Shaarei Tzion (634: 7) permits one to eat in the Suka from hand to mouth without the benefit of a table. However he seems to contradict his ruling in Mishna Berura (640: 27) that one should leave the table in the Suka when sleeping (Suka Kehichoso 9: 6 and Shone Halochos 640: 5, see also Moadim Uzmanim 1: 87 that disagrees that one must leave the table in the Suka when sleeping at night).
Horav Shlomo Miller's Shlit"a opinion is that since a table could be as small as a square Tefach (10 cm. x 10 cm.) any small box over three Tefochim high (30 cm.), where one could place a drink or a sandwich, would qualify as a table, one should indeed if possible place it in the Suka and seat on a folding chair.
He added, that even though, traveling people are in principle exempt from using a Suka (Shulchan Aruch O.H. 641:8) it is preferred to eat in one. Especially if one travels for personal enjoyment and one can recite the leishev brocho when eating bread.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a.
Important Numbers
