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Have a question? Send it in! Questions are answered by Rabbi Bartfeld.
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#143 - If needed, can parents do the chalakah before a child turns three?
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Q) If a toddler is going to be three years on chol hamoed, can his parents do the chalakah before Pesach if needed, as there are visiting family?
A) There are different traditions in regards to the extent of time one should wait until the first hair cutting of a youngster. Some authors mention nine months (Heichal Avoidas Hashem 2,179), some two years (Peulas Hatzadik 3, 236). Orchois Rabeinu mentions that the Steipler Gaon ZT"L was lenient with his grand children after two years. Most common, however, is three years.(Maharam Brisk, Afraksta Deaniyo 161, et al.)
When in need, as for the comfort of the child) it could be done before the completion of full three years. When the three years finish during Sefirah or Chol Hamoed Pesach, one could preempt the Chalakah before Pesach. Nitey Gavriel, Tigalachas Hayelodim ch. 2 & 3)
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 3/7/2012 3:59 PM |
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#142 - Wearing a Kitl during Shono Rishonoh
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Q) A choson is in his shono rishoino who makes his own seider, is he permitted to wear a kittl if he wants to?
A) M'kadesh Yisroel (Pesach 315) quotes Maharam Shick (O.C. 28) who endeavors to find a reason why some do not wear the Kitl during the first year after their wedding. He suggests that since on optimal circumstances, the choson should be married by eighteen years, and at that time he is not yet subject to punishments by the Hand of Heaven, there is no grounds for wearing a Kitl. However that does not apply to many today. He also mentions that the tradition of many Chasidim is to put on the Kitl on the first year, as one mayor rationale for using a kitl, is to resemble a Kohen when engaged in the Avodah of the Bais Hamikdosh, and Shono Rishonoh would not be an altering factor.
Hagodas Mibais Levy (From Horav Voshner shlit"a, p.57) mentions that the custom is to be lenient and wear the Kitl. See also Birur Halocho (quoted in Yemey Pesach p.194) that the one who wears it during the first year we let him do so.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 3/7/2012 3:54 PM |
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#141 - Mezuzahs for small rooms with counters.
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Q. As we move to new office headquarters, we have a couple of rooms where we are in doubt of the necessity for a mezuza, because of the small size of the rooms. My rough estimates: Call office: 98 sq ft, but these area is being reduced by counters and cabinets attached to the walls (totalling 48 sq ft) that further reduce the usable area to only 50 sq. ft. The other is a servery that is 45 sq. ft. including area occupied by counter or 33 sq. ft. not including area occupied by counter. Thanks
A. Shulchan Oruch (Y.D. 286,13) rules that a room with an area of less than four square amos is exempt from the mitzvah of mezuzah. There are different opinions as to the equivalent of an amo in our standard measurements. Rav Chaim Noeh's opinion is 49-cm. Which would require a room of 1.92m x 1.92m (6' 3.5" x 6' 3.5") or 3.69sq.m. Chazon Ish estimation is; 2.32m x 2.32m (7' 7.33" x 7' 7.33") or 5.39 sq.m.
In regards to counters and cabinets attached to walls or floors, Poiskim differ in their opinions, if they reduce the required minimum area necessary for a mezuzah, as they are useful for the room and could be seen as part of it. (Kvias Mezuzah Kehalacha ch.2 – Kuntres Hamezuzah p.68, Birur Halacha 223).
Horav Shlomo Miller's Shlit"a opinion is that if the room is less than 6' by 6', no Mezuzah is needed. More than that, if the area includes the attached counters and cabinets, he recommends that a Mezuzah should be placed without a brocho.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 3/2/2012 2:05 AM |
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#140 - Grandparents naming a child.
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Q. My granddaughter was born a couple of days ago and I want to know can my husband go to shul and name her. My daughter and son-in-law go to Conservative and are going to name her in a month's time?
A. Poiskim and minhogim disagree as to which one of the parents has the right to name a newborn and which is then the correct future sequence to follow (Ramban, Daas Zkenim Bereishis 38,4 – Shaar Hamilah 80, et al.). However, they all agree, that giving a name is the prerogative of the parents only.
There are different traditions as to when to give the name to a daughter. They vary from immediately, first Krias Hatorah, the first Shabbos, two Shabbosim or to waiting a month, as the lunar cycle is symbolic of females, (see Seifer Habris Ch. 6 – Minchas Ytzchok 4, et al.), most prevalent is the first occasion of the reading of the Torah or waiting for the first Shabbos.
A grandparent could name the baby, with the consent of the parents and acting on their behalf.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit"a
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Posted 2/24/2012 1:20 AM |
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#139 - An Ovel after Shloshim joining a group trip to visit and pray at Kvorim
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Q. Can an ovel after shloshim join a group trip that is to travel in Europe to visit and pray at the kvorim of prominent Tzadikim.
A. Shulchan Oruch (Y.D. 380,25) forbids long business trips, as they are very conspicuous and a large group of travelers usually rejoices along the way. (See: Mourning in Halachah 38,6).
Horav Shlomo Miller's Shlit"a opinion is that, if this trip is dedicated for the purpose of visiting and davening by the kvorim of Tzadikim and it is a Torah learning experience too, an ovel is permitted to join.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 2/22/2012 12:56 PM |
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#138 - Do Parsha sheets require Genizah
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Q. I'm cleaning out my room and I found a bunch of parsha sheets in English that I had collected on my desk over the weeks. Am I allowed to put these with the regular recycling or do I have to put them in genizah. The parsha sheets are specifically the one put out by lubavitch and the translation of Shabbat b'Shabbato. I also have a couple booklets put out by Yeshiva University for the Holidays.
A. Shevet Halevy (Y.D. 162,2) writes that dedicated sections of Divrei Torah written in newspapers, whether published in Hebrew or English, require genizah.
Ginzei Hakodesh (Ch. 14) quotes different opinions expressed by recent Poiskim in regards to parsha sheets and the like.
Horav Shlomo Miller's Shlit"a opinion is, that if it is a one time use publication and it is not normally stored or saved, one can if in need, dispose of it by inserting it inside a bag and placing it in the recyclables. Booklets, however, that are more permanent, should be send to the Genizah.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a.
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Posted 2/22/2012 12:53 PM |
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#137 - Pesach Shevah Brochos
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Q. If a couple are married on the Sunday before Pesach and there are no further Shevah Brochos on the following weekdays, can one say Shevah Brochos on the two Seder nights (Friday and Shabbos) of that week?
A. Poskim agree that there is no obligation to perform all sheva brochos (Yam Shel Shlomo, Kesuvos 1,12, Maharil, Rav P’olim E.H. 4,6, Aruch Hashulchan O.C. 640,14 -et al.), and they mention different traditions in that respect, doing all sheva brochos is the most widespread.
When sheva brochos are recited during the Pesach Seder, in order to avoid adding more cups to the mitzvah of drinking only four cups and at the same time circumventing the predicament of bundling many mitzvos together (which belittles them), a number of practices have been suggested.
Darkei Moishe (473,4) suggests that the mezamen should use his cup when leading bentching, while the sheva brochos should be recited on the groom’s cup, (for that matter any other cup). Igrois Moishe (E.H. 95) recommends following this opinion.
Mishne Halocho's (11, 382) counsel is that the chosson himself should not recite any of the sheva brochos, even if his cup is being used.
Chida (Chaim Shoal 74,13) advices to do bentching and sheva brochos on the same cup.
Kaf Hachaim (479, 3 quoting Birchos Maim) opines that one of the attendants should lead bentching, while another recites sheva brochos on his own cup, then the one who leads says, "bore pri hagofen" on his cup.
Yavet'z (Hagadah on his Sidur) maintains that two cups should be used, and the one of sheva brochos should be kept for use as the fourth cup.
Horav Shlomo Miller's Shlit"a opinion is to follow Igrois Moishe's decision quoted above.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 2/22/2012 12:27 PM |
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#136 - Tachanun by a Bris when the Mohel leaves early.
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Q. If the Mohel left the minyan (because he had to go to a Bris), before the beginning of the repetition of the Shemone Esre, do you say Tachanun?
A. Taz (O.C. 131,10) quoted in Mishna Berura (ibid. 26) recommends that a groom should not come to Shul during the seven days after his wedding, so not to exempt the attendants from reciting Tachanun. Ridbaz (responsa 1,179) and Trumas Hadeshen 2,80) construe from this that if the Choson was in Shul during Shemone Esre but left before the beginning of Tachanun, it is recited. Toras Chaim (ibid. 7) and Eishel Avrohom advise that it is better that the Choson should attend the Minyan and exit before Tachanun. However, not all Poiskim agree, (Hilchos Ktanos 1,21- Tefiloh Kechichoso 15,12 – Rib'bos Efroim 5,8) maintain that if the groom was present at the beginning of the Amida and then left, no Tachanun is said. All this would equally apply to the presence of a Mohel.
Horav Shlomo Miller's Shlit"a opinion is that it is better to recite Tachanun.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit"a
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Posted 2/10/2012 4:56 AM |
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#135 - Reciting the Shira with joy during a time of Availus.
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Q. As Shabbath Shirah approaches, we have learned that the Shirah should always be recited with great joy, as this promotes forgiveness of sins. Does one have to recite it that way in a mourners house or in the day of Tisha B'av? How about when the Avel himself is the Shliach Tzibur?
Thanks
A. Zohar (B'shalach and Terumah) and Midrash, quoted by many Poiskim, exalt the ones who recite Shiras Hayam with great joy, with detailed care, and with its cant illations. They are considered as if they experienced themselves the Exodus of Mitzraim and Hashem saves them and forgives all their sins. (Pri Chodosh, Mishna Berura 53, et. al.)
Because of the inherent requirement to recite the Shira with happiness, some Poiskim advise to refrain from saying it in a mourner's house or on the 9 of Av (Tur O.C. 559, Bais Yosef and Darchei Moshe ibid.). However, the accepted tradition is to say it including when the avel himself leads.
Meiri (Taanis 31,a) after quoting the view of the ones who don't recite Shiras Hayam, writes that he does not see any benefit in their opinion. Since all agree that the psalms of Pesukey Dezimra are said, similarly other terms of praise, inspiration and awakening for Tefilah can be equally recited.
Halacha (O.C. 223,3), states that two contradicting blessings, Sheheyanu, said in joy and Dayan Emes, said in mourning could be recited in the same occasion, as when a father dies and the son inherits his estate. We find a similar Medresh on Akeidas Ytzchok (Bereishis 22,11) that relates how tears were flowing from Avrohom Ovinus eyes, yet he performed the Akeida and followed Hashem's decree with great happiness. An analogous aphorism in the Talmud (Brochos 54a) states, that one should bless Hashem for the dreadful things in life as he blesses for the good ones. The Talmud explains that it refers to accepting them all with joy. It is obvious that a person who is in mourning can still maintain a degree of joy in his hearth.
Horav Shlomo Miller Shlit'a explained that a person may be in joy for having had Yetziat Mitzraim in the past and be expecting, with joy too, the future redemption, yet he may be now in a sate of temporary mourning.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit"a
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Posted 2/10/2012 4:47 AM |
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#134 - Is a brocho recited on a special needs new born baby.
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Q. I attended a delivery recently where the newborn had severe internal congenital organ defects. It is customary not to inform immediately the parents of the detrimental situation, as to provide opportunity for the much needed bonding with their offspring. The parents are frum and they made the required brocho. In light of the above, is a brocho recited? If not should they be then informed immediately?
A. Toras Hayoledes (37.9) argues that it is likely that one may make a brocho (Sheheyanu or Hatov Vehameitiv) on the birth of a blemished child, such as blind or missing a limb, Hashem should protect us, as he can grow up to be a great scholar or Tzadik. Furthermore, a brocho said in such situation will demonstrate, great bitochon and trust in Hashem’s decrees and one’s love for Him. However, he adds, it depends on each individuals disposition and character. He also quotes Horav Eliashiv's Shlit"a opinion, not to make a brocho on the birth of child suffering from Down’s syndrome. In this respect, Assia (journal 13, 3-4) cites different opinions of Poiskim and also addresses the predicted life-span issue of the ailing child.
Horav Shlomo Miller's Shlit"a opinion is that if the doctor's prognosis maintains that the child will live over thirty days, a brocho may be recited. (see Talmud Brochos 59b and O.C. 223,2 in regards to reciting a praise brocho when confronted with a parents demise and at the same time receiving his inheritance) Accordingly the attending physician may if necessary avoid informing the parents immediately, as there is no concern for an unnecessary brocho.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 1/31/2012 2:16 PM |
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#133 - Saying Yud Gimel Midos with a Minyan.
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Q. Often when I daven in a minyan that says yud gimel midos during tachanun, I am unable to say it together with them, as I am still lagging behind. What is the source that 13 midos need a minyan, and is the fact that there is a minyan present reason enough to say them even if not exactly at the same time.
A. Shulchan Oruch (O.CH. 565, 5) quotes Tshubas Horashbo, that you need a minyan for reciting the 13 midois or "Traits of Compassion" they are a dovor shebekedusho (words of holiness).
Mishna Berurah (ibid. 12) writes that they could be recited without a minyan, if they are articulated as the reading of the Torah and the intention is not for prayer.
Nitey Gavriel (Rosh Hashono 11,10 – quoting Kaf Hachaim and Ben Ish Chai) states that if you begin reciting together with the minyan and they end before, you can still finish your slower recitation.
Horav Shlomo Miller's Shlit"a opinion is that you can begin saying yud gimel midois as long as some of the congregants are still reciting them.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 1/27/2012 1:15 PM |
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#132 - Re - previous shaaileh on kashering crystal glasses.
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Q.
Is it necessary to do the whole process of filing with water and changing 3 times the water, isn't there a shortcut?
A. You may place the glasses on a boiling pot as normal kashering is done. We follow the process of Miluy Veiruy described to avoid cracking the crystal. You may place the glasses on a pot prior to heating and boiling, thus avoiding this problem. You have to take the utensils to a Mikve and immerse them without a brocho, if you are in doubt if it was done by the previous owner.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit"a
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Posted 1/27/2012 11:56 AM |
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#131 - Kashering glass and crystal.
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Q. The previous owners of the house left us a set of glasses, some glass some crystal. They haven't been used in almost two years and I'm wondering if I can use them. Do I need to kasher them and if so how? Am I allowed to wash them in my sink or dishwasher or will that make the sink or dishwasher treif.
A. The ones made of simple glass can be used as is. The crystal glasses should be koshered by submerging them in water for three consecutive 24 hour periods (Meluy Veiruy). The water should be emptied and refilled at the end of each 24 hour cycle for a total of 72 hours. You can wash them previously to remove dust in regular sink with lukewarm (less than 45º C) water.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit"a
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Posted 1/16/2012 11:35 AM |
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#130 - Location of a Sholom Zochor.
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Q. Does a Shalom Zochor have to be in the house where the mother and baby are, or can it be also, if needed in a friends house?
A. A number of reasons are given to the tradition of making a Sholom Zochor Seudah (meal), which many Poiskim consider a Seudas Mitzvah (Remah Y.D. 265,12). Most explain it as an expression of praise and thanksgiving to Hashem, for the newborn's gift of life and his and his mothers safe delivery (Baba Kama 80b - Tos. Ibid). Some see it as a honour given to the great mitzvah of Shabbos before carrying on with the Brith Milah. Accordingly the Sholom Zochor does not have to be in the house where the newborn is.
Some understand its origin as a manifestation of Aveluth or consolation for the child's forgetting the Torah that he had learned prenatally, and being in mourning for it (Taz, Drisha, ibid.). Others see in it an act of reminding the newborn of the oath he has taken before being born and its compliance. This would be done best in his presence.
However, whenever it is necessary the Sholom Zochor can be done in Shul or in a friend's house.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit"a
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Posted 1/16/2012 11:16 AM |
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#129 - Returning a terminally ill patient, who is close to death, from the hospital to his home.
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Q. An elderly terminally ill patient who was diagnosed by his doctors at the hospital as being close to death wants to be returned to his home to be able to die in a place familiar to him and with his family close by. Doctors say that they may be able to extend his life if he stays in the hospital, what is the correct thing to do?
The patient is hospitalized and connected to an IV, oxygen, and a monitor. All of which could be supplied at home, save emergencies, He is conscious and finds very unpleasant and stressful his stay at the hospital. In the opinion of an attending doctor, it could shorten life.
Thanks
A. 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
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Posted 1/13/2012 1:42 PM |
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#128 - Hashavos Aveidah with Muktza items on Shabbos
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Q. If you are walking outside in front of your apartment building on Shabbos and the building has mostly Jews and you see on the ground a wallet, are you allowed to pick it up in order to return it? Do we need to assume that the wallet has cash, credit cards, bank cards that would render the wallet Muksa? Even if we assume that the wallet has cash and is muksa, does the D'oraisa of returning a lost item push off the prohibition of muksa? What if the building is mostly Goyim, would that change the ruling on this?
A. Shulchan Oruch (O.C. 266,13) prohibits picking up an "Arneky" on Shabbes. Biur Halocho (ibid.) forbids retrieval of the Arneky when carrying is an issue (no Eiruv), even if it was found in a place where the majority of residents are Jewish and his intention is to return it to its owner (Hashovas Haaveida). As far as muktza is concerned, he declares that it requires further elucidation and refers us to the O.C. 686,22 and Biur Haggrah ibid. dealing on a Shofar manufactured on Rosh Hashono. Mishnah Berura there (82) explains that if there were an issue of muktza , it would be prohibited to blow the Shofar. There are Poskim who disagree, however, most maintain that even a mitzva of the Torah does not override muktza in this and similar cases. (see: Chasam Sofer O.C. 82, - Divrei Sholom 17 – Mishmeres Sholom Ch. 3, Adonei Shlomo 266 – Shmiras Shabbos 236,28).
Horav Shlomo Miller's Shlit"a opinion is that, the found wallet is muktza and one is forbidden to pick it up, regardless of who the majority of probable owners may be. He suggested, if one is close to the end of Shabbos, to stay with the aveida. (or to kick it to a safe location)
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 12/30/2011 1:45 PM |
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#127 - Using 'borrowed' discount codes to rent cars.
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Q. Can I use a discount code for a car rental company that doesn't belong to me?
I've gotten codes from my brothers who date where they use codes that boys universally share when they rent cars.
A. The response of the major auto rental companies contacted (four) is that they only offer their discounts to bona fide employees or officers of the corporations registered with them and to whom the provide the discount codes. Some mentioned that a business card stating the position of the client in that firm would suffice as proof. They all said they would not extend the discount to suppliers or clients, even if they were given the code by officials of that company. The reason given is that the discount amounts offered are not equal to all companies, they vary on the sum of business given, the importance and size of the corporation, etc., and it is a factor of appreciation and recognition that would loose its value if it was used indiscriminately by all. They maintained that position even if it meant loosing the customer, (one company mentioned the term "cheating").
I was informed by one major educational institution that the rental company they are registered with, requested a list of people associated with them. If that institution recognizes that individual as a student, employee or a donor,(conforming to the guidelines of the car rental company), and they have included him in their listing, he would be able to use the discount code.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 12/30/2011 1:41 PM |
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#126 - Is one permited to attend social or community activities located in a Church
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Q. Is a Jew who is alcoholic permitted to enter a church (even possibly the main sanctuary) to attend an AA meeting?
A. It is forbidden to enter a house of avodah zarah or a church. (Y.D. 150,1- 157,3 – Shach ibid. 149,1.) R’ Moshe Feinstein Zt"l (Igros Moshe O.C. 4,40,26) prohibits students playing ball in a sports hall that belongs to a church, even if no religious images are present. (See Rivavos Ephraim 3, 302,3)
However Poskim do permit voting in a locale adjoining or connected to a church, which specifically set up a venue for that purpose and it is marked or is known to be so. This sanction is only ex post facto, when no other voting location was made available or is found close by. (Teshuvos Vehanchogos 2,410).
Horav Shlomo Miller Shlit"a permits using the A.A. church venue, if the meetings are not held in the sanctuary, and it is clearly identified or known as a setting for social or community activities.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 12/20/2011 3:49 PM |
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#125 - Does laundry detergent needs a hechsher when used to wash dish towels
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Q. I'd like to ask whether laundry detergent needs a hechsher. There seem to be a lot of major brands that don't have one. Also, is there a difference if one is laundering dish towels?
A. According to COR and other Kashrus authorities, there is no need for certification for laundry detergents, and they could be used for dish towels or washing dishes themselves.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit"a
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Posted 12/16/2011 1:34 PM |
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#124 - Can a non Shomer Shabbos Jew get an Aliyah, be a Shaliach Tzibor or do Berkas Kohanim.
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Q. 1 Can the Gabay of a Shul give an Aliyah to someone who generally keeps Shabbat, but occasionally, not in public and only in need, (not in life danger), turns on the light on Shabbat?
Q. 2 How about when while occasionally traveling and in need, he eats non- kosher food?
Q. 3. Can someone like that be Shaliach Tzibur on a Yortzait?.
Q. 4. If he is a Cohen, can he do Birkat Kohanim?
Ans. (1 - 2) An individual that transgresses once or remotely a Shabbos prohibition, and he does so because of the benefit, pleasure or profit attained, (and not out of misguided principles) and not in public, does not become a Mumar, in the sense of being excluded from Klal Isroel. (Shulchan Oruch Y.D. 2- Mishna Berura 55,46 – Pri Megodim 282,7). He can therefore be given an Aliyah at the Torah reading. See Shach (Y.D. 251,1) who asserts that the expression Mumar or Avaryon, suggests a transgression done persistently. The same would clearly apply to a lesser prohibition, such as eating non-kosher food.
Horav Shlomo Miller Shlit"a advised that he should not be called for the reading of any part of the Torah that deals with the particular Mitzvah he violated.
Chasam Soifer (Resp. O.C. 15) maintains that an Aliyah stands today in place of a Korban (see Menochos 110, "Whoever learns the laws of a Chatos is considered as having brought a Chatos"). And Rambam (Maasei Hakorbonos 3,4) states that even when we accept a Korban from a Mumar, to promote Teshuva, we don't accept a Korban for the offence he actually committed, unless he has already repented.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Ans. (3). Horav Shlomo Miller's Shlit"a opinion is that although he can be given an Aliyah (see above), and is part of the Minyan, becoming the Shliach Tzibur is more stringent. As the Shliach Tzibur is an emissary and represents the congregants before Hashem, they are entitled to protest if they do not want this individual to represent them. (Even today when everyone prays his own Amidah, the Shliach Tzibur has the potential to say the Tefilah Betzibur together with the late comers) . However we need the majority of the congregants or the elected Gabay to do so in order for the protest to be effective, (In some instances an individual's protest does count, see Misnah Berurah.55) You may also need, according the case, a Bais -Din or Rabbinical decision, as to if we should believe the testimony of the people who claim he is unfit to be a Shliach Tzibur.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Ans. (4). Rambam's (Nessias Kapaim 15, 6-7) opinion on a Cohen that is not careful in observing Mitzvos, is that he should nonetheless carry on with the Cohanic blessing, since "we do not say to a person who is a Rosho, increase your evil and avoid performing Mitzvos". He adds that after all the Brocho emanates from Hashem and not from the Cohen. Mishna Berurah (128,146), mentions that this applies even to severe transgressions, as long as he is not a Mumar on idolatry or the observance of Shabbos.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 12/2/2011 12:42 PM |
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Important Numbers
