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Have a question? Send it in! Questions are answered by Rabbi Bartfeld.

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#261 Are women obligated in Shnaim Mikro Veechod Targum
Q. Last week (parshas Yisro) Rov Miller spoke at a Bar Mitzvah about the mitzvah of reading the weekly parasha with targum (translation). He mentioned that women should read the parsha using a reliable English translation if they do not understand the Hebrew text. I have a few questions about this: (1a) Is that understanding of what the Rov said accurately stated? (1b) I understood this means women should read the whole of every parsha - is that accurate? (2) What level of obligation or mitzvah is this for women?


A. Poiskim give two reasons for the obligation of completing the weekly parshios together with the congregation (Brochos 8a,b – O.H. 285:1) commonly known as reciting Shnaim Mikro Veechod Targum (twice the Hebrew chumash text and once the Aramaic translation). One is that it is an extension of the mitzvah of Torah learning and Torah knowledge. Therefore, they argue that since women are exempt from this particular mitzvah, they are also excepted from the mitzvah of completing the parshios. (Mishne Halochos 6, 60 – Likras Shabbos 5, 10 – Hashabbos Vehilchoseho p. 48). The second reason given is that it relates to the mitzvah of K'rias Hatorah or the weekly reading of the Torah by the congregation. Since according to Maseches Soifrim (18,4) quoted by Mogen Avrohom (ibid. 6) women are included in the mitzvah of K'rias Hatorah, which he compares to the reading of Hakhel, then it follows that women would also be incorporated in completing the weekly parsha. However in actual practice, Mishna Berura (ibid. 12) And Oruch Hashulchan (ibid.11) comment that women are not in the habit of attending the reading of the Torah on a regular Shabbos. As this constitutes the widespread practice today in most Kehilos, there is no reason to compel them in completing Shnaim Mikro Veechod Targum.

Horav Shlomo Miller's Shlit"a opinion is that women have no obligation, nor are they encouraged or dissuaded from completing the parshios and reciting Shnaim Mikro Vechod Targum, yet he recommends that they should read the Parsha on the original or as a translation. (Please see next question (#262) in regards to women learning Tanach)

Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a


Posted 3/19/2013 4:36 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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#260 Talking or thinking about business on Shabbos and Yom Tov when it concerns doing mitzvos
Q. One should not be talking or even thinking about business on Shabbos and Yom Tov. For someone in, or going into Rabbonus, shouldn't they also avoid talking about who is running which cheder or the like, if their Kavanah is to potentially apply for a Parnasah there.

A. Shulchan Oruch (O.H. 306,6) rules that you are allowed to deal and talk about performing prohibited melochos and work during Shabbos when it concerns doing mitzvos. Obtaining a teaching position on a Cheider or Talmud Torah is a mitzvah and therefore permitted. (When not a mitzvah, only conversations are prohibited not thoughts)

Horav Shlomo Miller Shlit'a advises that no sums of monies for salaries or remuneration should be mentioned.

Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit"a


Posted 3/15/2013 10:41 AM | Tell a Friend | Ask The Rabbi | Comments (0)


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#259 Minyan of Psukim and its accompanying gimatria in a name form at the end of each Parsha
Q. How come there is no count for the number of psukim at the end of pekudey as there is in every other parsha?

A. The count or minyan of psukim and its accompanying gimatria in a name form at the end of each parsha is attributed either to the early Baaley Hamassores (Toras Yaakov 87) or to the Sages of Tiberias (Masores Hatorah Vehaneviim).

Whether Parshas Pekudey is the exception in the count is debatable, as the Meiri in Kiryas Sefer and Sefer Hachilulim do quote the name Uziya which gimatrya equals 92.
Sefer Harokeach Bamidbar 7,3) elucidates the term of "Eglos Tzab" by revealing that the gimatrya of Tzab is 92, alluding to the number of days from the exit of Mitzraim until the making of the golden egel and that it is also the number of psukim in Pekudey.
Other texts quote different gimatryos. The Paris Tanach Manuscript mentiond “Yahalom” with an added Alef and the Malbim Tanach mentions "Etzei" (Alef Tzadik Alef, see periodical Sinai Vol 196).

Tapuchey Chaim (p. 173) in the name of the Admur of Gur gives a reason why we do not have any of these counts in today’s chumoshim.

He explains that actually in earlier editions the gimatrya siman or symbol was "B'li Kol Siman", "Bli Kol" adds 92. Mistakenly the publishers understood this literally as saying; No Siman, and they removed the existing ones.

The fact that this appears in Pekudey, could allude to the fact that this parsha is dedicated to the all important count and tally of the Mishkan's donations and work and no other count is necessary.

Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a


Posted 3/11/2013 10:56 AM | Tell a Friend | Ask The Rabbi | Comments (0)


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#258 Contacting the police before buying a property
Q. I went to look at a house owned by a Yid who previously rented to someone who was growing drugs there and possibly running a chemical drug lab, as verified by a home inspector who told me to call the police and ask if there have been any drug raids on the house as it will affect the value/price that I should offer for the house. Is there any halacha preventing me from doing this?


A. Horav Shlomo Miller's Shlit"a opinion is that you are allowed to consult the police if there are any records on criminal actions or crimes committed in that property.

Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a


Posted 2/22/2013 2:58 PM | Tell a Friend | Ask The Rabbi | Comments (1)


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#257 Arranging a shidduch when the couple does not observe Taharas Hamishpacha.
Q. Is it permissible to arrange a shidduch if it is possible that the couple isn't religious enough to keep Taharas Hamishpacha?

A. Many Poskim maintain that there is no prohibition on arranging, helping or being mesader kidushin (performing the wedding ceremony) of a couple that does not observe taharas hamishpacha (family purity laws). Many require that the couple should commit to at least go once, prior to the marriage to the mikvah. (Minchas Yitzchok 1,10 – Chelkas Yaakov 1, 23 - Sridey Eish 2, 57 and 3, 28 – Hapardes year 13 vol. 5,7, 11 and year 23 vol.1 - Hilel Oimer Y.D. 67 - Hashavit Y.D. p.167).

Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit"a


Posted 2/19/2013 2:21 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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#256 Deriving benefit from non-kosher animals
Q. I bought a pair of gloves and realized that they are made of pigskin with an acrylic lining.

Can I wear these even though I will be deriving pleasure from a pig? Is this the same as snake skin or alligator shoes or purses?

A. There is no prohibition on deriving benefit from non-kosher animals. It is also permitted to wear them during food preparation.

Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit"a


Posted 2/19/2013 1:44 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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#255 Studying the works of Rabbi Avraham Yitzchak HaKohen Kook zt"l
Q. I was told by someone that it is forbidden to study the works of Rabbi Avraham Yitzchak HaKohen Kook zt"l. Is this true or is it permitted? And if it is forbidden to study them in general, may one at least look up the quotes in these works attributed to him in the works of halachic decisors, such as Rabbi Shlomo Zalman Auerbach zt"l?

A. Although some of the opinions of Horav Avrohom Yitzchok HaKohen Kook Zt"l in regards to the interpretation of Geula and the status of the Land of Israel are seen as controversial to those maintained by mainstream Gedoilim of the last and today's generation, there is no disagreement as to the greatness of his Torah erudition and piety. He was backed by Horav Shmuel Salant ZT"l, (Ohr Shlomo p.7), endorsed by Horav I.Z. Meltzer Zt"l (Oz Nid'bru 4, p. 26) and his close relationship with Horav S.Z. Auerbach and his father Horav Chaim Yehuda Leib Zt"l is well known and amply described in Ohr Shlomo (p.10). As a Posek he is widely quoted in contemporary responsa, from Minchas Shlomo (4, p.162) and Tzitz Eliezer (7,48 – 8,31 – 10,41) to Nishmas Avrohom (4,14) et.al.

Horav Shlomo Miller's Shlit'a opinion is that (Chas Vesholom) there is no prohibition on studying the works or quoting Horav Avrohom Yitzchok HaKohen Kook Zt"l.

Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a


Posted 2/5/2013 11:42 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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#254 Using the term Alav Hashalom in a situation where it probably may not be true
Q. I once heard from Rav Shlomo Miller shlit"a that one may not append the term a"h to the name of the deceased if the deceased was not observant, because a"h means that the Divine Presence hovers over the grave of such a person and it would not do so over a non-observant person.

What alternative abbreviation, if any, may be used, in English and in Hebrew, especially if one wishes to avoid unpleasant confrontation?

A. Horav Shlomo Miller's Shlit"a opinion is that if the deceased indeed qualifies as non-observant by conviction and belief and not only by accident such as a "tinok shenisba" (a "captured child" who was denied proper Torah education), the term "Tehey menuchoso b'shalom" which is more a plea and a blessing would be appropriate. The expression "alav hashalom" as you mention, is a statement connoting that Shechina hovers over him, which probably may not be true.

Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a.


Posted 2/5/2013 11:38 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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#253 Understanding the 'removal of life support' and the 'Do Not Resuscitate (DNR) order' contradiction
Q. I have heard that in Judaism (especially Orthodox), a power of attorney for health of a loved one is allowed to deny resuscitation to a sick person if they think they are not going to make it, however Jewish law does not allow them to unhook life support systems once they are in place, even if the person is functionally dead or there is little hope.

This makes zero sense to me -- the denial of resuscitation is like murder, as I have witnessed people revived and living many more years. I think the Jewish laws are backwards. I would feel much more guilty for "guessing" that a person has no chance and denying resuscitation, than I would pulling out life support on someone whose organs no longer function and who is functionally dead. Your comments would be appreciated. Many thanks! (By the way, not sure if Reform rabbis have a different slant on the Orthodox perspective.)

A. A fundamental mitzvah of the Torah is saving and preserving life. Anyone who is able to save another person’s life but fails to do so infringes the law of "You are not to stand (idly) by the blood of your fellow. (Lev.19:16).". Most of the commandments of the Torah such as Sabbath may therefore be overridden to extend the life even of a person who is dying and has no chance of living more than a short period.( Yuma 83a-85b). Although Halacha categorically emphasizes the preservation of life and prohibits Do Not Resuscitate (DNR) orders, there may be a few exceptions.

When someone is dying and is on the very final stage of life (namely a goses, who by definition will not usually survive more than 72 hours) but external causes, such as a loud noise or grains of salt on his tongue, impede his death, the noise may be silenced or the grains of salt carefully removed, although we know that after removing the impediment he will die within a shorter time. (Remo, Yoreh Deah, 339:1).
The Talmud (Avoda Zarah 17b) relates how Rabbi Chaninah Ben Teradyon was sentenced to be burned alive wrapped in a Torah scroll, while wet wool was placed on his chest to prolong the agonies of death. As he was slowly dying in terrible pain his disciples pleaded: "Open then thy mouth, that the fire may enter and the sooner put an end to thy sufferings," The Rabbi replied, "It is best that He who hath given the soul should also take it away: he (the Rabbi) should not hasten his own death." However Rabbi Chaninah did not impede the executioner from removing the wool and thus precipitating his death.

These are but two general examples on a complicated halacha.

Horav Shlomo Miller's Shlit"a opinion is that no DNR order should be given before the case is analyzed and reexamined by competent halachic authorities.

Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a


Posted 2/5/2013 11:03 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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#252 Extending the life of an unconscious person.
Q. My mother was terminally ill, it was a matter of time according to the doctors. …
We were also told that every effort should be made to extend the life of a person, since even a short lapse of time is enough for a person to do teshuvah, does that apply to someone who is unconscious or suffers from dementia and is suffering?

A. Maintaining the life of a person is not necessarily a function of the individual's capacity or ability to do teshuva. Our Torah teaches us that life is a gift and it is not our prerogative to terminate it at will (Avos 4, 22), regardless of whether someone is unconscious or suffers from dementia.

Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a


Posted 1/25/2013 2:06 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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#251 Touching a Gosos
Q. My mother was terminally ill, it was a matter of time according to the doctors. When she became unconscious and the attending nurse said that she would not last long, we were in doubt if we could even touch her, caress her, let the nurse change her soiled clothes or make her more comfortable as we were told by very religious relatives that you are not allowed to touch the dying, it seemed very cruel, were they correct?

A. Halacha dictates that a person close to death may enter into a state named goses. Most gosesim die within 72 hours.

Shulchan Oruch (Y.D. 339,1) rules that a goses is as alive as any other person. Thus, the prohibition and punishment for killing a goses is the same. (See; Minchas Chinuch 34). It is generally forbidden to move a goses, because, in light of his condition, such changes of posture or position may hasten his demise. (Y. D. 339,1). Shach (ibid.) quotes Maseches Smochos (1:4 - Shabbos 151b); "The goses is likened to a candle whose flame is about to be extinguished. If one touches it, it blows out. Nonetheless in Nekudas Hakesef he permits light touching.

Drisha (ibid. 1) discusses touching at length, Igrois Moishe C.M. 2, 73, 2) seems more stringent. (See Toras Harefuah p.70) however, Horav Shlomo Miller Shlit"a permits light touching, caressing and even light moving such as adjusting the angle of the bed when deemed necessary for the well-being of the patient, but not changing soiled clothes as that involve mayor bodily movement.

Many Poskim permit live-saving treatment for a goses when done by the attending physicians or medical personnel, (Teshuvos Vehanhogos 1, 872 – Tzitz Eliezer 8, 15 et. al.)

Remoh (ibid.) adds, that one may remove "anything that prevents the departure of the soul, such as a clanging noise such as the sound of a nearby woodchopper or a grain of salt that is on his tongue . . . since such acts do not accelerate death but merely remove an impediment to death".

The Remoh (E. H. 121, 7 and H. M 211,) identifies the symptoms of gesisah as the bringing up of secretions of the throat, caused by chest and breathing difficulties and strain. Some maintain that the term goses refers to the sounds of heavy respiration at that time (Oruch ).

There is a debate between contemporary Poiskim as to whether these symptoms are essential for the state of goses to begin or just the closeness to death creates it. (Igrois Moishe ibid - Treatment of the Terminally Ill, Tradition 30:3 (1996) p. 63)

Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a


Posted 1/25/2013 2:04 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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#250 Home care vrs. hospitol care for a terminally ill person.
Q. My mother was terminally ill, it was a matter of time according to the doctors. The siblings decided to bring her home and to let her depart in her familiar surroundings, even at the cost of not having the better care in the hospital that could have prolonged her days, was that correct according to the Halacha?

A) This type of question is complex, as there are many factors involved. A competent rabbinic authority that is privy to all the facts should make the decisions. He should also be provided with the medical contacts if he requires additional information.
On a similar question in this forum (129), we wrote Biur Halocho (328,4) states that we permit a Shabbos prohibited act, when there is a chance that it may extend the life of the dangerously ill, even when that act is not directly a cure for his sickness, but only serves to settle his mind, such as turning on or off lights, traveling with him etc. The Talmud Yerushalmi (Klaim 9,3) records a story about the sage Ullah being distressed to tears at the prospect of expiring outside of Eretz Yisroel. In Shmuel (II 19,38) we are told that King David agreed to his elderly and faithful servant Barzilay Hagilady's request to depart this life in his own hometown, rather than follow him in honour to Yerushalaim. The great relevance of the site of ones demise is echoed in the words of Ruth (1,17) to Neomi "Where you die, I will die".

As there is a reasonable expectation that in going home the patient's mind will settle, and that will cause his life to be extended. Being that you can also provide basic nursing and medical care, and since there is no guarantee that attaching the terminally ill to a respirator etc. will extend his life (or that the room and equipment will be available), and there is always concern that being hospitalized could expose this patient to inherent hospital hazards, Horav Shlomo Miller's Shlit"a permits the egress of the patient from the hospital to his home.

Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a.




Posted 1/25/2013 2:03 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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#249 Inviting an Ovel for Shabbos during the year of mourning for kiruv purposes
Q. I understand that an Avel observing Aveilus for a parent does not visit friends during the year, such as going away to friends and relatives for Shabbos.

One of my secular cousins lost a parent. May I invite him and his family for Shabbos with Kiruv in mind, since in any case he will not be observing the finer points of Hilchos Aveilus anyway. On the other hand, I would not want to engage in Kiruv using a technique that is presently halacha-proscribed, as I would be helping him transgress and as I would be bringing him close to a watered-down Judaism.


A. Remah (Y.D. 390, 2) writes that our tradition is for an Ovel not to partake in any kind of feast outside of his home during the period of mourning. However many Poiskim rule that this does not apply to a regular Shabbos meal. (Sheilas Yavetz 2, 180 in regards to a Sholom Zochor - Gesher Hachaim p. 233 - Kol Bo p. 361). Some Poiskim are more stringent. (Piskey Teshuvo Y.D. 390, 2 . See Igrois Moishe Y.D. 3, 161 who permits attending a Sholom Zochor of a relative or friend).

Horav Shlomo Miller's opinion is that it is permitted to invite an Ovel during the year of mourning especially for kiruv purposes. He added that you may also consider the possibility that there may not be an obligation of avelus at all if the deceased was not Torah observant.

Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a


Posted 1/18/2013 1:42 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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#248 Questioning what is written in the Torah
Q. I attended this week a parsha shiur where it was mentioned that Moshe was at fault for questioning Hashem on his promise to help the Jews. How come then we are allowed to ask all kind of questions on what the Torah or Hashem say in the chumash?


A. Rambam, mentions as the first of the Thirteen Principles of Faith (Commentary on the Mishnah, Sanhedrin 10, 1) "I believe with complete faith that the Creator, blessed be His name, is the Creator and Guide of all the created beings, and that He alone has made, does make, and will make all things". As such we are to believe that everything He does is done for the utmost best and care, and we accept His designs and decisions.

When we pose a question on the events related in the Torah we are not questioning the validity or soundness of Hashem's decrees, rather their meaning and interpretation and that is permitted and encouraged.

Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a


Posted 1/18/2013 1:25 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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#247 Expressing opinions regarding the appropriateness of a shidduch
Q. When asked about a potential shidduch, is it permissible to express an opinion regarding the appropriateness of the match (for example, how well the families are suited to each other), or do you have to stick to the facts as you know them personally?

A. Pischei Teshuvah (O. H. 156) writes that although the Magen Avraham and the mussar sforim write at length concerning the prohibition of lashon hara, there is an even greater transgression. That is refraining from informing another about a situation in which he can be victimized, thus violating the injunction "You shall not stand by the blood of your brother." (Vaykro 19:16)

However, Chofetz Chaim (H. Lashon Hora 10,2) rules that in a shiduch information request, one is allowed to convey only factual data. The knowledge of the particulars also has to be generally first hand or from one's own experience and personal observation.

Horav Shlomo Miller's Shlit"a opinion is that it is prohibited to express one's own personal feelings and subjective evaluation of the suitability of a shiduch, if it cannot be substantiated with facts. This may bring to an end an otherwise good and viable shiduch. However, if one is specifically asked for a personal opinion, he may offer it, as long as he makes it clear that this is only his particular and unproven point of view.

Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit"a


Posted 1/10/2013 5:40 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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#246 Pretending to be a customer to see how competitors are pricing out jobs
Q. I need to see how my competitors are pricing out jobs. They are not Jewish. Can I pretend to be a customer and get them to provide me with a quote for a job? Or is this a problem?

A. The Mishna in Baba Metzia (58b) mentions "Just as there is wronging in buying and selling, so is there wrong done by words". Therefore one must not ask another, 'what is the price of this article?' if he has no intention of buying. This is codified in Shulchan Aruch (C. M. 228, 4). The Talmud (Chulin 94a) quotes Shmuel's opinion that it is forbidden to deceive people including gentiles. This is codified too (ibid. 228,6).

Horav Shlomo Miller Shlit"a reckons that since there is a possibility, however unlikely, that the price offered by one of your competitors is low enough to entice you to buy directly from him and then resell the product, provide other services to you customer and still make some profit, asking for a quote is not misleading.

Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a


Posted 1/7/2013 12:37 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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#245 Can a well-toasted slice of bread be considered a Shaleim?
Q. I have heard that if a piece of matzah is broken and I place it into the oven to bake further until the broken edge browns, that this piece has the status of a Shaleim and can be used as one of the Lechem Mishnah.

Assuming this to be correct, can a well-toasted slice of bread be considered a Shaleim and how browned must it have become?

A. It has become an accepted practice to re-bake or flame the edge of a broken matza to turn it into a shleimo (Seder Haoruch 22,4 – Maadaney Yom Tov ch. 122 – Palgey Mayim 21 – Sidur Pesach Kehilchoso p. 22).
Poiskim disagree as to how much of the matza should be missing to make this necessary, also if the roundness of the matza has to be restored and if it can be done on Yom Tov (Shaarey Teshuva 274,1 – Maadaney Yom Tov ibid.).
Horav Shlomo Miller's Shlit’a opinion is that the above does not apply to turning a slice of toast into a complete "sholem" bread, as after all, it would be recognized by all as only a well browned slice of bread.

Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a


Posted 1/4/2013 11:51 AM | Tell a Friend | Ask The Rabbi | Comments (0)


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#244 Toveling and Kasheing stored new dishes that look used.
Q. I bought a set of china dishes about 6 years ago when my husband and I got married.
It was service for 12 but at the time we decided to just tovel half the dishes and tovel the rest as needed.

This shabbos we happen to need the extra settings. I went to tovel the other dishes today, and noticed on the dinner plates that A. there was no sticker like the other plates had, B. there was a yellow residue on two of the plates.

When I first noticed there were no stickers, I though I may have a vague recollection of toveling these dishes or at least preparing them to be toveled all those years ago, but I cannot be certain. It is possible that we did tovel them at some point and even use them, but I really cannot remember.

I'm concerned that they may have been used and sold to us as new. I have no idea.

What is the status of the plates? Can I use them?

A. Horav Shlomo Miller's Shlit"a opinion is that you do not have to be concerned that the dishes were used prior to your purchase. You should tovel the dishes without a brocho. (in general, Poiskim maintain that china or glazed earthenware dishes should be immersed without a brocho)

Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a


Posted 1/2/2013 12:53 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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#243 Refusing an Aliya.
Q. In my shul the Gabbai hands out cards to those who will be called up for an aliyah, indicating for which aliyah the congregant will be called up. On occasion I receive the card for an aliyah for which I feel I am not fit. Examples are: the Haftarah on Shabbas Shuvah or on a Taanis Tzibbur. I feel that someone special should be one who calls on the congregation to do T'shuva or to seek out Hashem. And I am not special enough for that position.

I understand that would I be called up for any aliyah I may not refuse, as this is an affront to the Torah. But perhaps the cards do not create this obligation.
May I refuse the aliyah? And if I accept the card, may I return it with the refusal until the point where I am called up?

A. The Talmud (Brachos 55a) teaches "Three things shorten a man's days and years: To be given a scroll of the Torah to read from and to refuse". Although the Rif, Rosh, Meiri and others did codify this statement, Rambam, Tur and Shulchan Oruch, did not. Eliahu Rabah (139, 2) explains that the Talmudic adage applied only on earlier times when each person called would read the Torah himself, unlike in our days when the Baal Koreh reads aloud.

Chidah in Chaim Shoal (13) mentions the above, as the reason for the Sephardic tradition not to call to the Torah using one's name (see also Halichot Olam 7,195, and Torah Lishma 95).

If there is a valid reason for not wanting the aliyah, a person can refuse, as when the called reads himself and is unprepared (Mishna Berura 139: 1), when he is unable to contribute for Tzdaka and will be embarrassed not to make the accustomed Misheberach (Torah Lishma 428), he stammers (Maayan Omer 7,9), or is afraid of Ain Horah, as when called right after father or brother were given an aliya (Yalkut Yosef 2 p. 118).

However, Chashukei Chemed (Bava Metzia 22a – Yuma p. 307), expresses doubt when a Rabbi refuses an aliya, due to the uncertainty of the sincerity of the one who paid and is now granting the honor of the kivud given to him.

Horav Shlomo Miller's Shlit"a opinion is that even when not called by name, one should not refuse because he thinks himself as undeserving. On the contrary, that is the appropriate indication of being truly worthy.

Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a


Posted 12/28/2012 12:37 PM | Tell a Friend | Ask The Rabbi | Comments (0)


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#242 Listening to a Torah tape on the Nit'l night
Q. Can you listen to a Toiro tape on the Nitl night?

A. This Shayleh actually is mentioned responsa Chai Binyomin (p. 301) where he argues that although you comply with the mitzvah of learning Torah just by listening and thinking (O.H. 47, 4 and Biur Halocho ibid.), since you do not make a brocho, (see Mishnah Berura ibid.) this form of learning may be different enough to permit it on Nit"l night.

Nitey Gavriel (Hanukah end of Volume p. 247) also permits thinking Torah thoughts on Leil Nit"l, basing this conclusion on the opinion that angels do not know the thoughts of humans.

Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a


Posted 12/25/2012 7:50 PM | Tell a Friend | Ask The Rabbi | Comments (0)



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