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Have a question? Send it in! Questions are answered by Rabbi Bartfeld.
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#111 - Sales Reps bringing customers with them when they transfer to a new company Part 2.
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Q. Following up to my past question and your answer (Sales Reps bringing customers with them when they transfer to a new company), I asked to the person that use to work for my competitor, for a copy of his employment agreement, he looked for it but he could not find it or get a copy of it.
He also clarified to me that the contacts that he refered me to, were his personal contacts, at the time he was working for my competitor he did a couple of trades with them, but he doesn't think they continue to deal his ex employer.
Also in regards to his friend that still works for his ex employer, he clarified as well, that the contacts he could provied me with, were companies that use to be his friend's clients but that for diferent reasons they no longer deal with the company he works for.
Please let me know if in light of this clarifications I could use such contacts.
Thank you
A. Horav Shlomo Miller's Shlit"a opinion is that once the client has voluntarily ceased to do business with the competing former company, you can engage him as a client for your benefit, as this is the common way of doing business.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 9/16/2011 3:09 PM |
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#110 - Does Shabbos Shevah Brochos belongs to the kallah?
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Q. How Chashev is the idea that Shabbos Shevah Brochos belongs to the kallah? Is there an obligation on the family of the Kallah to pay for it even if they are not the hosts?
A. According to the Shulchan Oruch (E.H. 64, 4) it is the Choson's obligation to provide the wedding seudoh. However, today there are different customs; mostly the various expenses are split between the parties. (see Oruch Hashulchon ibid. 12, and Oitzer Hapoiskim ibid. f.n. 19).
There is no obligation to do Sheva Brochos the rest of the seven days if there is no minyan, ponim chadoshos or it cannot be afforded. (See: Yam Shel Shloimo, Kesuvos 1,12). Chasam Soifer (E.H. 1,122) mentions that in Krakow, in his time, they only had one Sheva Brochos. Today's tradition is to do all seven. Nitey Gavriel (Nessuin 2,83,15) mentions in the name of the Itur, that in days past it was the Kallo's family expense. This was presumably, due to the fact that the new couple would abode with them. Today, he writes, they mostly allocate and divide them between families and friends. The main issue is to share fairly in Sholom and mutual understanding. No reference is made as to why Shabbos should be different.
There is however, an indication in Talmud Yerushalmi (Beitzo 5,2) of Rebbi arranging a seudoh for his son Rabbi Shimon in Shabbos.
Horav Shlomo Miller's Shlit"a opinion is that Shabbos is not unlike the other Sheva Brochos days in this respect, and it should be allocated by mutual and peaceful agreement.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 9/16/2011 2:39 PM |
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#109 - Using a kitchen before Kashering it.
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Q. I just moved into a new apartment, and I did not get a chance to kasher the kitchen yet. Am I allowed to use the kitchen for cold? what about the water from the sink? I remember hearing once, that one can only use a non-kosher kitchen for a short term use? is that true?
A. As long as you don't use anything heated (over 45°C) including the water in the sink, and the counters and other surfaces are clean of any food or grease remains, you can use temporarily the kitchen.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 9/16/2011 9:50 AM |
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#108 - Avel attending an Upsherin.
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Q. Dear Rabbi, I am an avela in the first year mourning for my father. I want to honor my father. Am I permitted to attend an Upsherin? I don't know if there will be music, meal gifts so I want always to do the right thing. Thank you so much for your help and kindness.
A. If you make certain that there is no music, Nitey Gavriel (Avelus 2 – 32,4) permits attendance to a Chalaka Seudah (meal) or Upsherin during the twelve months of Avelus.
He also permits it even during Shloishim where the tradition of taking the child first time to Cheider is done as part of the Chalaka.
Horav Shlomo Miller Shlit"a disagrees, and recommends not to be present at the Seudah at all, even after Shloishim. You may attend the ceremony.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a.
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Posted 9/9/2011 11:36 AM |
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#107 - Hashavos Aveidah - Watch found years ago but never returned.
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Q. Many years ago I found a valuable woman’s watch on the sidewalk in our neighborhood. I am quite certain that it belonged to someone from our community. I never really pursued finding its rightful owner as I was young and was not aware of the halachos. What is my obligation at this point to locate the owner?
A. If the area where the watch was found is frequented by a majority of Gentiles, it can safely be assumed that a Jewish owner has despaired and given up hope of having his watch returned, the found object could then be kept by its finder (C.M. 259). There may be doubt whether the watch was found prior to the owner becoming aware of it being lost and despairing. However, Pischei Choshen (Aveidah 2, f.n 23) maintains that watches are like money in ones pocket, and we assume that the owner became aware immediately and lost hope.
Furthermore, even if the watch was lost by a Jewish owner in a place populated mostly by his coreligionists, if the watch does not have any particular siman (or recognizable characteristics) that could be used to find or identify the owner, we can assume that he has given up all hope of ever finding it.
Horav Shlomo Miller's Shlit"a opinion is that a serial number on a watch is not a siman, since it is unlikely that the owner of the watch knows that number or after so many years, has kept the receipt for it. If there is a siman on the watch and therefore the owner did not loose hope of it being returned to him, and it came to the hands of the finder prior to the owners despair, he will have to follow the due process of return for all findings, even after many years. The fact that by now the owner certainly has lost all hope of recovery, is of no consequence, since it came to the finders hand before despair took effect and therefore the finder became liable to its rightful restoration.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 9/9/2011 11:11 AM |
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#106 - Being charged for a single unit when buying bulk items
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Q. I wanted to buy a box of crackers. On the top shelf in the (non-Jewish owned) grocery store, I saw the overstock, where they had 5 boxes of the crackers wrapped together with clear plastic. I assume that is how the manufacturer sends them out. So since it was a good price, I decided to get 5 boxes, and rather than take 5 individual boxes, I took the five that were wrapped together. At the checkout, the non-Jewish cashier scanned the 5-pack, as well as the rest of my groceries, and I paid and left. Later, looking over my receipt, I noticed that I was only charged for one box of crackers. The cashier must have assumed that it was the price for the 5-pack, but the scanned code was clearly for only one box. I'm pretty sure I don't have to go and tell the cashier or the store, since it was their mistake, however, my question is this: Can I go back to the store, and to the same cashier, with another 5-pack, knowing that she will scan it the same way and i will only have to pay for one box?
A. Shulchan Aruch (C.M. 348,2), quotes the opinion of the Remoh, that even according to the opinions that "Tous Akum mutar" or a monetary mistake done by a gentile is permitted, it is still prohibited to cause that mistake. In this particular case, it is likely that at some point, the cashier or store manager, when taking inventory, will became aware of his mistake, and may remember who kept on buying repeatedly this item. It may then be the cause of a Chilul Hashem. However by dealing with honesty, and pointing out the mistake done, this may turn out to be an inexpensive way of creating a very desirable Kidush Hashem.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 9/2/2011 11:53 AM |
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#105 - Personal and Company depts incurred before declaring Chapter 11
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Q. Please could you let me know whether a debt (either personal or company) incurred before declaring chapter 11 is still in force after the CRA approves the proposal?
A. Horav Shlomo Miller's Shlit'a opinion is that personal debts remain and have to be honored even after declaring insolvency. However, debts incurred by a company, are normally subject to the conditions and laws by which they were established and accepted. The debt acquired will follow the court decisions, unless it was attained by also giving ones personal guaranties.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 9/2/2011 11:39 AM |
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#104 - Listening to music while jogging during the 3 weeks.
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Q. I need to go jogging in order to keep myself from gaining weight but I need the music to keep me running. can I listen to music for this purpose? My wife seems to remember hearing from some Rav in her youth that this is permitted.
A. Indeed there are Poiskim who permit listening to music that is not played for the sake of enjoyment or pleasure, as one who employs workers that listen to the radio as they work, or music that is played for a child to calm him to sleep. (Nitey Gavriel , Bein Hametzorim ch. 15, 8-13). Some Poiskim understand the music prohibition as only what conduces to joy and dancing, and permit classical music, played for soothing and comforting the soul. (Shoalin Vedorshim p. 245).
However many hold music in the three weeks to be a prohibition by itself. Mikdash Isroel (Bein Hametzorim 7-23) addresses this specific question of playing music while exercising, and prohibits even when done for health reasons. His reasoning is, that for the short period involved (at least during the nine days), it could be and should be avoided, in honour and remembrance of the churban Bais Hamikdosh.
Horav Shlomo Millers Shlit"a, point of view is that it is preferable to follow this last opinion.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a.
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Posted 7/29/2011 1:47 PM |
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#103 - Buying a used car during the 3 weeks.
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Q. Can I buy a used car during the 3 weeks?
A. See Ask the Rabbi (this forum, question 100), for the permitted buying of a new car when possession will take place after Tisha B'av. As this is a used automobile, ownership would be immediate. Mikdash Isroel, (Bein Hametzorim 7, p. 17), permits buying a used car, especially if its primary use is for work.
Horav Shlomo Miller's Shlit"a opinion is that since this car will presumably be used by other members of the family too, the correct brocho to be recited would be Hatov Vehameitiv, (as more than the buyer will benefit from it) and not Shechecheyanu, (see Igrois Moishe O.C. 3, 80), and therefore it could be purchased if needed immediately.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a.
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Posted 7/29/2011 1:39 PM |
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#102 - Dyeing hair during the three weeks.
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Is it permitted for a woman to dye her hair during the three weeks.
Horav Shloimo Miller's Shlit"a opinion is that it is that although a woman is restricted on the use of cosmetics only during Tisha B'av itself, dying hair is different, since it is only done periodically. Therefore it is only permitted up to Roish Chodesh Av.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit"a.
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Posted 7/25/2011 1:31 PM |
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#101 - Trimming and fixing a wig duiring the 3 weeks.
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Q. Am I allowed to have my shaitel cut during the 3 weeks? I had scheduled an appointment prior to the tannis, but had to cancel at the last minute. My shaitel macher has a heter to cut as it is her parnassah. She advised that I ask a shaila.
A. Nitey Gavriel (Bein Hametzorim 21,5) permits trimming and fixing a wig even when one is wearing it, until the beginning of the nine days. (However, in his Bar Mitzva Seifer 22,21, he further permits the above for the mother of the Bar Mitzva bochur, before the week of Tisha B’av itself). Shevet Hakehosee (O.C. 150 ) seems to allow it at all times.
Horav Shlomo Miller's Shlit"a opinion is that it is permitted before the nine days begin.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 7/22/2011 2:16 PM |
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#100 - Buying a car during the 3 weeks
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Q. I would like to know if it would be OK to buy a car during the 3 weeks and take delivery after Tisha b'Av.
A. Igrois Moishe’s (O.C. 3, 80) opinion is that if the car is a pleasure vehicle, one should avoid acquiring it during the 3 weeks, as he has to pronounce the brocho of Sheheheyonu (or Hatov Vehameitiv), when taking possession. However if its primary use is as a business vehicle, like a truck or van, it would be permitted. Darchei Hoiroho (Bein Hametzorim 14) permits buying a car for a family man until Rosh Chodesh. (see also Ribabos Efroim 3,3).
Horav Shlomo Miller's opinion is that if one takes delivery of the vehicle after Tisha B'av it is permitted until the nine days begin, as no brocho will be recited yet.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 7/22/2011 2:14 PM |
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#99 - Preparing during the 3 weeks for traveling after the 3 weeks.
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Q. Is it OK to book plane tickets, hotels get passports and do the necessary arrangements, during the 3 weeks for a trip taken place right after Tisha b'Av ?
A. Shulchan Oruch (O.C. 551,2), rules that from Rosh Chodesh Av onwards we should minimize on commerce and dealing. Mishne Beruro (ibid. 11) quotes different opinions as to if it applies only to joyful and pleasant trades, or if all business dealings are included. However, he adds, that if needed and it is a unique saving opportunity, it is permitted. Prior to Rosh Chodesh, there in no proscribed Minhag.
Horav Shlomo Miller's Shlit"a opinion is likewise.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 7/22/2011 2:13 PM |
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#98 - Davening Maariv Before the zman.
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Q. Is it better to Daven Maariv before TZAAS with a minyan or after without a minyan even if you are makped to always daven after the TZAAZ?
A. The Mechaver (O.C. 235, 1) indicates that if the Tzibur daven Maariv early, while still day one should join them and read the Shema, after nightfall. Mishne Beruro (ibid. 12) states that; "Fortunate is the one who can recite Maariv in it's proper time with a Tzibur".
When this is not an option, (as when one travels) he quotes in Biur Halocho, the opinion of Ma'se Rav, that it is preferred to pray without a Minyan, at the proper time. However in Shaarei Tzion (ibid 16), he seems to agree with the Derech Hachaim that it is better to daven before nightfall with a Minyan, and to repeat the Shema at night, (as long as he davens after the Plag, and he recites Mincha before the Plag.
Horav Shloimo Miller's Shlit"a opinion is that it depends on ones particular Minhag, when followed with consistency. Meaning that even on summer days, you are not Mekabel Shabbos early, and are constant in davening Maariv only after nightfall.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 7/22/2011 2:10 PM |
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#97 - Chumetz Pet food owned by a Jew During Pesach
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Q. My Jewish neighbour's rabbit died during pesach. After pesach, she gave me the leftover chotzdig rabbit food which I know she didn't sell. Can I still use it? If not, it seems like bal tashlis to throw it out as it was a freshly opened bag.
A. If a Jew transgresses the Biblical prohibitions of "baal yeroeh or baal yimotze" (not to see – not to find), and keeps chometz in Pesach, it becomes forbidden forever by a rabbinical prohibition, as Chometz Sheovar Olov Hapesach. This penalty applies whether the infringement was violated deliberately or unintentionally, and even if one was completely ignorant of the prohibitions of chometz. (O.C. 437).
However, Horav Shlomo Miller Shlit"a, after inquiring about the composition of the pet food, advised that it is permitted, due to of a number of reasons. Even if the main ingredient is wheat middlings, it may not be chometz at all, since it may not have come in contact with water. It may also be considered a mixture of chometz (taaruvas chometz) as more than twenty other ingredients were listed. Most likely it is only chometz nukshe, either because it did not become completely fermented, or it is not a preferred human aliment (hard pellets). In all this cases, the penalty of Chometz Sheovar Olov Hapesach does not apply.
Horav Miller, rejected as an additional Heter, the opinion (Sheilas Dovid) that chometz of a mummer is like that of a gentile, and therefore permitted.
Rabbi A. Bartfeld, as advised by Horav Shlomo Miller Shlit"a
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Posted 7/14/2011 11:16 AM |
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#96 - Baking Challah on a Dairy Pan.
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Q. I baked a challah this evening on a baking sheet that had previously been used for dairy (cheese baked directly on that pan). I lined the pan with parchment paper and baked my challah on the paper. The challah did not touch the pan.
Is my challah dairy?
A. On the onset you should avoid baking pareve on a milchig pan, even when lined with parchment paper. After the fact it is considered pareve.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit"a
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Posted 7/14/2011 11:11 AM |
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#95 - Sales Reps bringing customers with them when they transfer to a new company.
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Q. I work in the financial service industry, and in my industry when a trader changes the company that he works for, he calls his clients and tries to switch them over to the new company . Most companies incorporate on their employment agreement a clause that addresses this issue, but in reality this clause is very hard to enforce, because it is an open and very competitive market; every client gets calls from many different companies that try to get their business, and nobody can prevent a person from using the relationships that he established through the years. The main reason why companies hire traders from other companies is because of these relationships. Some of these companies are fully or partially owned by Jews.
The company that I work for, has a referral program that pays to the person that introduces the new client a % of the profits generated by this new client, and the trader gets his usual % as well.
I know somebody that used to work for one of the competitors of the company I work for. I told him about this referral program, and he said he could refer me to some of his old contacts. Also, he spoke to one of his friends that works at the same company he used to work for, and his friend said that he could give him the contact information of some good clients of the company and they can split the referral fees.
I want to know if I'm allowed to use these referrals, my friend's contacts or the leads provided by his friends, or both.
A. Chasam Sofer (C.M. 79), prohibits going into someone else's business and convincing them to come to his store. There are many Poiskim who prohibit attracting customers that are already being served by a company, however, other Poskim permit. Emek Hamishpot (18, 195) rules, that in practice it depends on the local customs and legal ways of doing business.
Horav Shlomo Miller's Shlit"a opinion is that if a contract was signed, and it carries a restrictive clause, it should be kept accordingly. If no such condition exist, you have to follow the normal accepted practices of doing business. As far as an agent who is still engaged by his employer, it would be prohibited to give away contacts and names of customers to a competitor.
Rabbi Abraham Bartfeld
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Posted 7/14/2011 11:09 AM |
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#94 - Using non-Jewish dates and holiday references
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Q. I design database tables - like spreadsheet with rows and column headings. For a particular project there is a need for a Holiday table - to know statutory holidays when things are open and closed. This table contains non Jewish holidays (e.g. Dec 25) as well as other statutory holidays like Canada Day.
Are there any issues with maintaining such a table?
A. Maharanm Shick (Y.D. 171), vehemently decrees not to inscribe a non-Jewish date on a matzeivah. He considers it to be the proscribed by the Biblical injunction of "The name of strange Gods you shall not mention" (Shemos 23,13). On the same vein, Maharam Ash, (end of Imrei Yosher, see Tzitz Elezer Y.D. 38) portrays the one who uses non-Jewish dates, as one who disowns and renounces his own traditions and values.
Other Poiskim, however, do not see using the common date as an infringement, since it is not done with the intention of honoring anybody in particular, just as a convenient and conventional system of timing, used worldwide.
Poiskim also advise to use a qualifier, such as L'misparam (to their counting, added to the date. (Darkei Moishe Y.D. 147, Meor Yehoshua 38, Mishmeres Sholom 84, Yabia Omer Y.D. 3,9 et. al.)
Horav Shlomo Miller's Shlit"a opinion is, if possible, one should avoid the use of non-Jewish dates or the name of their holidays. When this is not an option it is permitted. (It is also recommended to use the acronym Xmas, rather than the full name).
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit"a.
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Posted 7/8/2011 10:47 AM |
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#93 - Symbols from other religions on household items.
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Q. My wife bought crystal candlesticks holders to give as a present and she noticed that on the brand name of the product on the box and on the candlestick there is a crown with a cross on it. Are we allowed to give the present to a Jewish couple or is better to get a different gift.
I would also like to know why nobody is concerned with the cross on the car plates in Ontario.
A. Remoh (Y.D. 141,1) prescribes that a cross, worn on a necklace and used as a symbol and not as an object of direct worship is permitted (in benefit). Many Poiskim allow the use of coins, stamps or utensils that have a cross on them, since they are used only as a decoration. (Shach ibid., Chochmas Odom 85,1, see also Igrois Moishe Y.D. 1,69 in regards to a medallion or an award). Some Poiskim advise to take off or erase part of the cross.(ibid.). The above would apply to car plates too.
Horav Shlomo Miller's Shlit"a opinion is that even if they are permitted in use, one should preferably not have them around in one's home, especially not on the candlesticks of the Shabbos table.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 6/28/2011 10:57 AM |
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#92 - Pets and Pet Cages on Shabbos
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Q. Can my child play with a pet bird in Shabbes? Is the cage muktze?
A. The Talmud (Shabbos 128 b) mentions that animals are muktze. Mishneh Beruroh (308,146) explains that the reason is because since they are of no use in Shabbos, they are "Muktze Machmas Gufom", because of "themselves" and are regarded like stones.(Bais Yosef ibid. and Kesef Mishneh).
Rishoinim disagree whether this applies to a pet that is useful to calm a child (see Tosafoth Shabbos 45b, Or Zaruah 82 et. al.).
Shulchan Oruch (O.C. 308,39) and Shulchan Oruch Horav ibid.78, Shmiras Shabbos Kehilchoso 27,96 and Igrois Moishe O.C. 4,16, and other Poiskim rule stringently.
However, if the animal is suffering or is in distress, many Poiskim permit touching it (see Yabia Omer 5,26).
Horav Shlomo Miller's Shlit'a opinion is that one should regard the bird as muktze, In regards to the cage, if it contained animal food at the beginning of the Shabbos, it is not muktze and can be moved.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit"a
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Posted 6/27/2011 3:33 PM |
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Important Numbers
