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#642 Ladies First?
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Q. A Widowed husband that lives with his daughters, should he light the Shabbat candles or one of his daughters?
A. Poskim disagree as to who takes precedence in lighting the candles, the widowed man of the house, as it is his obligation, or his above the age of Bas Mitzva daughter, as she is a female and this mitzvah is traditionally performed by females when possible.
Horav Moshe Feinstein ZT'l rules that the father takes precedence. (The Radiance of Shabbos, p. 7- See also Shmiras Shabbos Kehilchaso 43 note 46)
Other Poskim maintain that either one of them can light the main candles and recite the Bracha and exempt the other, while the other should kindle the lights in the other rooms of the home, as those are also a part of the Mitzvah. ( Rav Nissim Karelitz Shlit"a quoted in Or Haner Perek 1:4 note 25, Halacha for Today)
Horav Shlomo Miller's Shlit"a opinion is that it is preferred for the Bas Mitzva daughter to light the Shabbos candles for the purpose of chinuch.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 11/7/2014 11:59 AM |
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#641 A Vort from the Convert
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Q. Someone who is preparing himself to become a Ger and is already enrolled in a learning program, is in contact with the Beis Din and attends regularly a Shul…. can he be invited to say a dvar Torah on a kidush?
A. Horav Shlomo Miller's Shlit'a opinion is that he is allowed to say a dvar Torah on the mitzvos that apply to him and is permitted to learn.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 11/5/2014 5:19 PM |
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#640 Gentle Gentiles
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Q. Someone who is preparing himself to become a Ger and is already enrolled in a learning program, is in contact with the Beis Din and attends regularly a Shul, ….If he owns a lulav and esrog can he do hakafos around the bima or the mitzvah of Hoshanos?
A. Poskim disagree as to the value and worth of a voluntary mitzvah performed by a Ben Noach or Gentile. Rambam (Melochim 10: 10) rules that it is considered a mitzva and is accepted as would be his korban and his tzedaka and help to the poor.
Responsa Maharam Alshich (110) rules that while women according to Rabbenu Tam and others can perform and recite a brocho on mitzvos that have time restrictions making them exempt, a servant (eved k'naani) should not. The reason, he explains is that women have kedushas Yisroel and although they are exempt from the obligation of performing those mitzvos, if they observe them they comply and the mitzvah will be rewarded. The same does not apply to an eved k'naani and certainly not to someone who is still a Gentile. (See also Kovetz Shiurim, Kidushin 142- 144, Mishpetey Uziel 3: C.M. 3, and others)
Similarly Igros Moshe (Y.D. 2: 7) maintains that donning Tefilin, wearing a Talis, sitting in a Suka, holding a Lulav, listening to the Shofar, eating Kosher or avoiding Shaatnez has no meaning and therefore no reward for a Gentile, since they were not instructed to follow those commandments. He differentiates between other mitzvos such as helping others or honoring Hashem or parents, where they have a share and are rewarded.
Teshuvos Vehanhogos (1: 614) distinguishes between the intentions of the performer. If he observes the mitzvos thinking that other nations also has been ordained and obliged to do the mitzvos given in reality only to the Jewish people, then they carry no value. However, if he understands that his compliance is only voluntary he will be rewarded.
Sefer Chasidim (690) maintains that from the time a Gentile has determined in front of a Beis Din that he will convert to Judaism, he should refrain from eating non-kosher foods. It is usual today for a prospective ger to comply with most mitzvos in order to become familiar with them.
Horav Shlomo Miller's Shlit'a opinion is that he should avoid the hakofos with the Lulav or the Hoshanos, which are done publicly (see prior question as to the pertinent issues involved)
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 11/5/2014 5:18 PM |
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#639 Convert's Course
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Q. Someone who is preparing himself to become a Ger and is already enrolled in a learning program, is in contact with the Beis Din and attends regularly a Shul, Can he be dance with the Torah on Simchas Torah or be given pesicha of the Aron Hakodesh or Gelilah?
If he owns a lulav and esrog can he do hakafos around the bima or the mitzvah of Hoshanos?
Can he be invited to say a dvar Torah on a kidush?
Thanks
A. There are certain mitzvos that a Gentile is not allowed to observe even when his intention is to become a ger, such as Shabbos. (Sanhedrin 58, Rambam – Melochim 10: 9, however, some Poskim permit after becoming circumcised). He is prohibited to learn Torah excepting the parts that are relevant to his observance of the seven mitzvos, the Tanach or written Torah (Meishiv Dovor 2: 77) and basic Halacha, if he is considering conversion (Mitzpeh Aryeh (2 Y.D. 8). He also should not don Tefilin since they have inherent kedusha and they require corporal cleanliness or hold a Sefer Torah or Mezuza (Ridbaz – H. Melochim 10: 10).
Following the above, Chashukei Chemed (Yuma 4a) rules that on the onset a prospective ger should also not be honored yet with pesicha (opening) of the Aron Hakodesh although the Rambam and others would permit. Besides the issue of Kovod or honor of the Sefer Torah involved there are other concerns such as Kovod Hatzibur and the fact that he may be equivocally accepted as Jewish even before he has fulfilled entirely his conversion (Aterez Paz O.H. 2)
Horav Shlomo Miller's Shlit'a opinion is similar.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 11/5/2014 5:00 PM |
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#638 Gratuitous Gratifying
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Q. If you travel by car is there schar pesios?
A. Torah Lishmo (40) and Tzitz Eliezer (12: 17) both write that the main Schar Pesios is when one exerts, puts effort and work in the compliance of the mitzvah. That is comparably minimal when one travels by car. They suggest, time permitting, to park the car a bit far. Betzel Hachochmo (4: 21, 5: 101) mentions that although traveling by car involves certain monetary expenditure, the bodily effort is more important and advises that from time to time, one should do the effort to walk to shul.
Horav Shlomo Miller's Shlit"a opinion is similar
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 11/5/2014 4:52 PM |
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#637 Stepping or People?
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Q. What is better to attend a shul that is further away and there is schar pesios, or to daven in a shul where there are more people berov am?
A. Avnei Yoshfe (7: 23) quotes Bais Boruch (17: 5) that Rov Am preempts Schar Pesios and one should attend the shul with more people. The reason given is that Rov Am is a quality in the shul itself. From the order of the factors to be taken into account when deciding where to daven, stated in Chaye Odom, (H. Bais Hakneses 17) it would seem that he also agrees.
Horav Shlomo Miller's Shlit"a opinion is similar.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 11/5/2014 4:51 PM |
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#636 A Shaile on a Kashe
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Q. What Bracha does one make on buckwheat cakes, HoAdama or Shehakol?
A. Despite the name, buckwheat is not related to wheat or to any of the five types of grain that we recite Hamotzi or Mezonos over them. Buckwheat is a legume, whose seeds are eaten, and it is referred to as a pseudocereal.
When cooked as a cereal, porridge or the side dish known as Kashe and the features of the seeds are still recognizable Poskim rule that the brocho is Hoadomo (Igrois Moshe O.H. 1:65, Y.D. 2: 25, Orchois Rabebenu p.220).
If the seeds have been crushed or grinded, e.g. as when making pancakes, since the grains are unrecognizable, Horav Shlomo Miller's Shlit'a opinion is that the brocho is Shehakol. And after the fact Hoadomo. (See also ibid.).
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 11/5/2014 4:50 PM |
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#635 How to Raise Praise on the Rice
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Q. Before eating rice cakes, does one make Borei Pri HoAdama or Mezonos (because the pieces are stuck together)?
A. Poskim disagree as to the first brocho on rice cakes. Many maintain that since they are produced by applying hot air, steam, and pressure to rice grains until they pop, but are not cooked or baked, the brocho should be Hoadomo. (Ohr l'Tziyon 2: 14:21; Harav S.Z. Auerbach, Harav C.P. Scheinberg, Harav M. Shternbuch, quoted in Vezos ha-Berachah, pg. 108 and in Vesein Berachah, pg. 520.)
Other Poskim rule that Mezonos is correct since the pieces are stuck together (Be'er Moshe 5:54, Horav Yisroel Belsky Shlita, Harav Y.S. Elyashiv, zt'l (quoted in Vesein Berachah, pg. 520.)
Horav Shlomo Miller's Shlit'a opinion is that Mezonos is correct, however after the fact Hoadomo is acceptable.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 11/5/2014 4:48 PM |
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#634 An Egg or a Yom Tov? II
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Q. I am beginning to learn Maseches Beitzah. While reviewing your information below in answer to a past query of mine, (question 517) I realized that none of the information really answers the question, "What connection does the word 'Beitzah' have to the subject of the Masechta?"
A. On the introduction to the Shas Lublin edition of Maseches Beitzah, under the subtitle for the reason of the name and after quoting the Smichas Hachomim previously cited, it is mentioned that the Shita Mekuvetzes (Kesuvos 28a) and Meleches Shlomo (Introduction to Mishnayos) indeed wondered at this unusual title.
Adding to the reasons given for naming this masechtah as Beitzah, Ben Yehoyoda (2: p. 93) further clarifies why the first word of this masechta was chosen as the most used title, rather than the expected Maseches Yom Tov, based on the content. He explains that as a chicken that lays daily an egg, so should the learner of the tractate constantly try to bring out chidushei and novelties of Torah, accordingly the name Beitzah was chosen.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 11/5/2014 4:47 PM |
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#633 Swinging a Shaile
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Q. Can my children use a tire swing on Shabbos? The rope is attached to a metal hook that protrudes from a tree. When a child swings on the swing the tree branch it does sway but only very slightly.
A. Shulchan Aruch (O.H. 336: 13) rules that the prohibition of using a tree on Shabbos includes also objects attached directly to it, commonly called "Tz'dadim" or sides. However, one may use other objects attached to the first ones or sides of sides. The example given is the prohibited use of a ladder that leans directly on a tree but permitted when resting on a beam or post attached to the trunk. Shemiras Shabbos Kehichoso (26: 17) adds that the use of a swing that hangs from a beam or bar attached to a tree is permitted, as it constitutes sides of sides. The hook you describe is not part of the tree and it would also be considered a side while the tire swing would be sides of sides. The swing cannot be attached or removed from the hook on Shabbos since that would be using directly the hook (ibid.). Mishna Berura (ibid. 63) and Shemiras Shabbos (ibid.) mention that it is only permissible if the tree does not sway.
Horav Shlomo Miller's Shlit"a opinion is that if the movement can be readily noticed without special scrutiny or dedicated observation, the swing should not be used.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
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Posted 11/5/2014 4:43 PM |
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#632 Is one head better than two?
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Q. At one of the wards with a measurable Jewish population two frum councilor candidates are running for election this month. Is it proper for them to do so or since they are splitting the vote shouldn’t they rather unite and work together? What is the Halacha opinion on this, can each one run independently if they cannot unite?
A. Horav Shlomo Miller's Shlit"a opinion is that Rabbonim should not openly be involved in the politics of the government as this could create an eventual Chilul Hashem.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit"a
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Posted 10/27/2014 1:57 PM |
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#631 Permitted Child Labor?
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Q. Can you tell a koton to put the schach lechatchila if his father is there? Does he have to be present the whole time or is it enough only at the beginning?
A. On the onset, a minor should not place the schach on the suka, (since he is not obligated yet on the Biblical level with the compliance of the mitzvah of suka) however after the fact it is permitted. (Mogen Avrohom and Pri Megodim 14: 3, Bikurei Yaakov 625: 2)
If the father or another adult is standing by it is permitted lekatchila. (Kuntress Shiyorei Hamitzvos 3: mitzva 326, Nitey Gavriel – Suka 25: 1)
Horav Shlomo Miler's Shlit'a opinion is that he does not have to stand by the complete time. It suffices if he instructs the minor to place the schach for providing shade and the kotton acknowledges.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a,
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Posted 10/8/2014 1:03 PM |
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#630 Sleeping in the Rain
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Q. Would a weather forecast predicting rain during the night make one patur from sleeping in the succah or must one go out to sleep and only go inside once it actually starts to rain?
A. Horav Shlomo Miller's Shlit"a opinion is that weather forecast are not always accurate and even when the predicted rain does come it may be delayed or possibly not fall in all the predicted locations equally. However if one believes in the accuracy of weather forecasts to the point that the predicted possibility of rain causes him discomfort and anxiety, he is exempt from sleeping in the suka.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a.
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Posted 10/8/2014 1:02 PM |
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#629 The Non-Suka Suka
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Q. If one has a plastic cover over the schach when it rains is it better to eat in the Suka or in the house?
Thanks
A. According to the opinion of HaGro (629: 5, see also Maase Rav 217) mentioned in the prior answer, that while it rains a suka in not considered a suka at all, there would be no point in sitting then inside the suka. However there are different points of view and some would consider sitting in the suka as the better option since according to the opinion of Rabenu Tam the plastic cover, albeit the fact that it is non kosher schach, it would become nullified by the kosher schach if it is within four tefochim of it. (Kuntres Ohr Yisroel p. 124, See also Shoshanas Yisroel, 8 note 32.) Emek Hatshuvo (2: 57) advises using a clear plastic shlack (cover) that lets the light of the sun pass.
Horav Shlomo Miller's Shlita opinion is to follow the ruling of the Mishna Berura (629: 58) that recommends placing a sheet to protect oneself from the dripping rain. However a plastic tarp or cover that does not permit any water to pass would be seen as a house roof and would not be nullified to the schach.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a.
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Posted 10/8/2014 1:01 PM |
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#628 When it Rains it is Potur
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Q. If it rains during Sukos, if one is wearing a large protective hat and raincoat that covers him and the food too is he allowed to be machmir if he doesn't mind to sit and eat in the rain in the Suka?
A. The Mishna in Suka (28b) compares the raining on the yom tov of Sukos to a servant who offers his master a cup and the master throws it back on his face. However Poskim disagree whether one who is stringent and decides to sit in the suka anyway, complies with the mitzvah or perhaps not only he does not perform a mitzvah, but he may be even acting improperly.
Remoh (O.H. 629: 7) rules that not only one sitting in the suka during the rain does not comply with the mitzvah; he is also called a "hediot" or a simpleton and an uncultivated individual. The act also involves the incorrect avoidance of Simchas Yom Tov (Elef L'mateh 107, Imrei Pinchas 182)
Mishna Berurah (ibid. 45) mentions in the name of many Poskim that reciting a brocho would be in vain. However the Remoh (ibid. 5) himself rules that on the first night one should see to eat the volume of a kezais of bread in the suka when raining (without reciting a brocho- Mishna Berura ibid. 35)
However Eliohu Rabboh (ibid. 26) quoting Rabbenu Yerucham mentions that there are those who maintain that not only you do comply with the mitzvah, but you can also recite the brocho while it rains. Chazon Yechezkel (Suka 2: 5) writes that from the expression used by the Tosseftah it seems it also agrees. Birkei Yosef (629:8) also quotes similar opinions. Mateh Ephraim (625: 4) adds that if one is pained by not being in the suka and is hurt more so than from being in the rain, he is allowed to stay.
Minchas Elozor (4: 31) mentions that many of the disciples of the Baal Shem Tov and the great exponents of the Chassidic movement would sit in the suka while it rained. Rav Mordechai of Lechovitch, who when challenged for sitting in the suka while it rained, from the ruling of the Remoh (see above), coined a famous phrase "He wishes to be that ‘hediot' that the Remoh is refering to. Similar positions are to be found in Mekor Chaim (p. 110) quoting the Divrey Chaim, Ahavas Yisroel of Vishnitz (Kodosh Yisroel p.179) and many others. (See extensive list on Nitey Gavriel – Sukos 52: note 31).
Horav Shlomo Miller's Shlit'a opinion is to follow the opinion of the Remoh above; he also quoted the view of HaGro (629: 5, see also Maase Rav 217) that when it rains the suka is not a suka at all.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a.
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Posted 10/8/2014 12:59 PM |
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#627 A Matter of Record
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Q. I am a student in a secular university. They have a policy of religious accommodation and if requested, they record classes given on religious holidays so that the religious student can listen to the class after the holiday.
My question is if this is permitted as they are working on Yom Tov for me.
Please note that they do not make a separate recording for each student and there is a chance that they need the recording for another non-Jewish student but I think that that is a small chance.
I would also like to point out that there are many non religious Jewish students in my class some who may be requesting the recording even if I do not so I am not adding any more work, does that make a difference?
Thank you
A. Horav Shlomo Miller's Shlit"a opinion is that there is a reasonable standpoint to be lenient in the fact that this case contains a possible "sfeik Sfeiko" or double doubt. Firstly, it is quite possible that in the taping of the lecture no significant Shabbos prohibition has been done. The lecturer is talking to a recorder that is already on and the device could have been set and prepared before Yom Tov began. Additionally, as you pointed out there may be also other non-Jewish students that could benefit from the taped material and the recording was done also for their benefit.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 10/8/2014 12:55 PM |
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#626 Rainy Day Amendment
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Q. If someone was placing the schach on the sukka and it started raining and he continued to place the schach in the rain, is that a problem because it may be similar to putting the shach on the sukka when it is covered?
A. Horav Shlomo Miller's Shlita opinion is that even according to the HaGro's position, that when it rains the suka is not considered a suka, it would not affect the placing of the schach, since he was only ruling in reference to the compliance of the mitzvah and not the building of the suka itself.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 10/8/2014 12:53 PM |
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#625 A Cut to Soon?
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Q. The Mishna Berurah recommendation to cut your hair on Erev Rosh Hashanah begins at the eve after Maariv or only in the morning after Shacharis?
A. Horav Shlomo Miller's Shlit"a opinion is that you can take a haircut lichvod Rosh Hashonoh already from the prior evening and it also shows our confidence on the positive outcome of the Yom Hadin.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit'a
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Posted 10/8/2014 12:52 PM |
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#624 Kidush Before Yom Kippur?
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Q. If you are in doubt as to what the weather will be like motzei yom kippur, should you say kidush levanah before Yom Kipur?
A. Remoh (O.H. 426: 2) rules that one should not recite Kidush Levanah prior to the night at the end of Yom Kippur, since at that time one is in a state of happiness. However, Biur Halacha (ibid.) quotes the opinion of the Levush who maintains that on the contrary one should aim to include before Yom Kippur the compliance of as many mitzvos as possible, as they may tip the balance on one's favor.
Horav Shlomo Miller's Shlit"a opinion is that if indeed reliable weather forecasts are predicting overcasts skies on the night after Yom Kippur, one should recite before. (See also Mishna Berura 426: 20 quoting the opinion of Hagrah).
Rabbi A. Bartfeld as revised By Horav Shlomo Miller Shlit"a
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Posted 10/3/2014 1:09 PM |
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#623 A Straight Pretzel Shaileh
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Q. Does the chumra with regard to refraining from "pas palter" this week apply to standard pretzels sold in packages at food stores?
A. Many contemporary Poskim maintain that soft and large hard pretzels made from thick dough are considered pas pelter or pas akum. Some are of the opinion that small thin pretzels made from a thin batter do not meet the standards set for the pas pelter prohibition ( Halchically Speaking V.5: Issue 15), others disagree (Harav Yisroel Belsky Shlit"a. See Hakhel 3:2:page 5).
There are also diverse opinions as to the brocho recited on different kinds of pretzels, which may also reflect on pas pelter Halacha characteristics. (Ateres Elimelech quoting Horav S. Z. Auerbach zt"l, Hamesivta y. 5767 p. 314 and others)
Horav Shlomo Miller Shlit"a pointed out to responsa Avnei Nezer (Y.D. 1: 92) who deliberates whether bread that is not “Oleh al shulchan melochim" or “fit for a king's table" carries the pas akum prohibition and quotes differing opinions. Pretzels would fit into that category.
Horav Miller's Shlit"a opinion is that during Aseres Yimey Teshuva if one is then stringent on pas akum, in case of need he can be lenient on small hard pretzels.
Rabbi A. Bartfeld as revised By Horav Shlomo Miller Shlit"a.
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Posted 10/3/2014 1:09 PM |
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