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Have a question? Send it in! Questions are answered by Rabbi Bartfeld.
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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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#91 - Asking a non Jew to reset an oven on Yom Tov
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Q. On Shavuos we had a blackout, and the new electric stoves, lost their timers and memory, and would not work unless reset manually. Is it permitted to ask a non Jew to reset it on Yom Tov, so we can cook? Could it be done on the second day?
A. Halacha dictates that "Shvus D'shvus", or a prohibition composed of two overlaid rabbinical proscriptions, is permitted if it is needed for the compliance of a mitzvah. (O.C. 586,21 – 331,6 and M.B. 655,3). Most Poiskim consider lighting a fire in Yom Tov to be only a rabbinical prohibition. Horav Shlomo Miller Shlit”a therefore maintains, that instructing a Gentile to reset an electric stove, which is in itself only a Rabbinical injunction, will result in a "Shvus D'shvus" that when needed for Simchas Yom Tov is permitted.
Some authorities argue that lighting an electric stove may not to be “Moilid”, since the electric power is already in existence and it is just being transformed not created, (see Shevet Halevy 8,121), Horav Shlomo Miller Shlit”a opinion is that this is totally incorrect. Given that this type of transformation occurs in other common cases of prohibited lighting.
Many Poiskim do not consider that the second day of Yom Tov can by itself reduce Melochos to a rabbinical level, as our sages strengthened the second day to be as stringent as the first (Noida Beyehuda 2, O.C. 44). However some disagree (Minchas Itzchok 7,34)
Rabbi A. Bartfeld, as revised by Horav Shlomo Miller Shlit"a
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Posted 6/21/2011 8:40 PM |
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#90 - Using thick Paint on Tefilin
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Q. A few years ago I had my Tefilin repainted, the paint was rather thick and has recently began peeling off in some places. It is still black underneath, but the new paint comes off in chips some as big as a 1/3 of an inch. Is there a problem with this?
A. Mishna Berura (32,185), writes that the black paint on the Tefilin, should be only a thin coating, not a layer or film that can be peeled. If the paint comes off as scales, after the fact, the Tefilin are still Kosher, but should be repainted. Mishna Berura adds, that if the painting peels off in a single complete leaf that is similar to a sheet of black paper, the Tefilin are disqualified. (Nishmas Adam as opposed to Noda Beyehuda 1, O.C. 1).
Horav Shlomo Miller’s Shlit”a opinion is that in your particular case, the Tefilin are Kosher after the fact, but should be fixed.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit”a
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Posted 6/21/2011 12:40 PM |
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#89 - Using artificial trees to decorate a Shul for Shavuoth.
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Q. It is a minhag to decorate for Shavuoth our Shuln with greenery. We avoid using trees, as that would be a tradition of other religions. Does that include artificial trees?
A. There are two reasons for not placing trees in a Shul. One deals with the Biblical injunction against planting trees next to the altar in the Bais Hamikdosh.(see R. A. Eiger notes on O.C.150). The other is indeed the Hagro's opinion,(mentioned in Chayei Adam 131,13 and Mishna Berurah 494,10), that it is included in the ban of following Chukos Hagoim, or a tradition of other religions. Not all Poiskim agree (Maharsham see Ariel p. 38, that this Minhag does not apply to trees that are always found there), however Igrois Moishe (Y.D. 4,11), quotes Aruch Hashulchan ( O.C. ibid. 6), that this minhag has become today the accepted tradition. Beer Eliahu (O.C.3 p.263) mentions that this may not apply to artificial trees.
Horav shlomo Miller's Shlit"a opinion is that it does apply to artificial trees since other creeds also use them in their holidays. However, if erroneously set in a Shul, it is still permissible to daven there.
Rabbi A. Bartfeld, as advised by Horav Shlomo Miller Shlit"a
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Posted 6/10/2011 12:13 PM |
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#88 - Lighting candles for single men who want to begin Shabbat early.
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Q. Single people who want to begin Shabbat early, and attend a minyan for Mincha that begins right before Plag Hamincha and then recites Kabalath Shabath right after, as is required by Halacha, when should they light Shabath candles? (since the can not return home after Mincha and you can not light before Plag).
A. The Remah O.C. 261,2 and Mishne Berurah ibid. 25, state that you can not accept Shabbos before Plag (One and half hour zemanios, before Shkiah or Tzeis - see M.B. ibid.), therefore the mitzva of hadlokas neiros remains unfulfilled and the brocho is levatolo. This presents a serious challenge for single people who want to make early Shabbos. Horav Shlomo Miller Shlit'a suggested three solutions:
a) If you reside near the Shul, go home after the Plag and light then.
b) If going back is not an option, you may kindle lights in the Shul, provided that after Maariv you make Kidush there and eat a Kzais bread.
c) if the above is not feasible, you can request from a neighbour to be your agent, light the candles at your residence and make the brocho after Plag.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit"a
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Posted 6/10/2011 12:10 PM |
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#87 - Maariv and Shabbos Zmanin in Northern Canada
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Q. I am planning a trip to Canada and Alaska next month and because night doesn't come in till very late please tell me if I should be davening Maariv at a normal time or whether I have to stay up to daven when it gets dark? Also as far as Shabat is concerned, shall I light candles at a normal time or do I wait for the night times? Same for havdala. Is there anything else I have to do because of this situation?
Thank you
A. It appears from your question, that the places you would be visiting are below (south of) the Arctic Circle (66.5622 N Latitude), but close to it. On these locations even on the Solstice day (June 21), the sun does set below and rises above the horizon, yet the night is short and may not become dark enough to see the stars. For example on Yellowknife, (NWT), Canada, which locates about 250 miles south of the Arctic Circle (62.45 N), on June 21, (the longest day) the Shkiah (sunset) is 11.38 PM, Chatzois (midnight) is 1.39 A.M. and the Netz (sunrise) is 3.39 A.M. The Plag Hamincha is 9.34 PM, so one can daven Mincha before the Plag, and Maariv right after on weekdays. On Shabbat you daven Mincha before the Plag and you can be Mekabel Shabbos right after. Similarly in Anchorage, Alaska, (61 ,10'), on June 21, the Shkiah (sun set) is 11.42 PM, Chatzoth (Midnight) is 2.02 AM., Netz (sunrise) is 4.21 A.M. The Plag Hamincha is 9.41 P.M.
One should repeat the S'hma right before Chatzois, when possible, or at least 72 minutes after the Shkiah. However, there are opinions, (Toras Chaim, 235), that you can comply with the mitzvah of S'hma, if you say it at the time when normally people in that location go to bed, or they rise, regardless of the position of the sun.
Shabbos ends on those locations, (where it does not get totally dark to see stars) right after Chatzois (midnight). You can make Havdalah in Yellowknife after 1.39 A.M. or wait until the next morning before you eat breakfast, (you don‘t recite the Borei Meoirey and B'somim brocho then . (O.C. 299.6). The end of Zman S'hma in the morning at Yellowknife is 8.39 A.M., (Hagra) and the end of Zman Tefilah is 10.19 AM)
Because of the complexity and severity of the Halochos involved, especially on Shabbos, one should avoid traveling above the Arctic Circle on the days when the sun does not set at all. If you do please consult again. Safe trip.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 6/10/2011 12:03 PM |
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Posted 5/27/2011 4:51 PM |
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#85 - Non-jew turning on an electric stove top on Yom Tov.
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Q. If a non-Jew turns on an electric stove top on Yom Tov, Is one permitted to use it?
A. Most Poiskim maintain that creating fire in Yom Tov (moileed) is only a rabbinic prohibition (see Rashi Shabbat 33,a – O.C.502 and Taz ibid. 1). As far as the usage of electric heating and light during Yom Tov, is subject to Halachick debate, the accepted majority rule is to prohibit rabbinically (see Hachashmal Bechalacha, ch. 5 – also Hachashmal Leor Hachalacha, conclusions).
Yavia Omer (1, O.C. 19 – 2, O.C. 26) allows in need, the use of electricity on Yom Tov, via a Gentile.
Horav Shlomo Miller Shlit"a pointed out, that Mishnah Berurah (O.C. 502,4) permits after the fact, the use of usual common fire that was produced on Yom Tov, regardless if created by Gentile or no.
Rabbi A. Bartfeld as revised Horav Shlomo Miller Shlit"a
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Posted 5/27/2011 2:18 AM |
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#84 - Making a brocha on the tree blossoms in different hemispheres.
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Q. If somebody visited South America during our winter and made a brocho there for the new blooming trees (in their spring). Does he have to repeat the brocho when he sees new blossoms in the northern hemisphere?
A. This brocho is uttered once a year only, regardless of which part of the world one recited it first.
Shaarei Yemei Pesach, (ibid.) mentions Tu Bishbat as the beginning of the year for this brocho, However, Horav Shlomo Miller Shlit"a is of the opinion that the year is counted from Rosh Hashonoh.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 5/27/2011 2:15 AM |
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#83 - Making a brocha on the tree blossoms after Nissan.
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Q. Thank you so much Rabbi for your prompt answer. I would also like to know if I can still make the brocho for the tree blossoms, as it is not Nissan anymore.
A. Nitey Gavriel (Pesach 3, ch. 46) quotes a number of Poiskim that permit reciting Birchas Hoilonois, for first tree bloomings seen during the month of Iyar, (Mishmeres Sholom recited the brocho on Lag Baomer itself), Sivan or before Nissan on Adar (Birur Halocho 226 - Shaarei Yemei Pesach ch.2). Nevertheless, one should say it as soon as feasible.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 5/27/2011 2:14 AM |
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#82 - Shaving the friday before Lag BaOmer when LAg BaOmer comes out on Sunday
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Q. Tomorrow Friday one can shave since Lag Baomer is Sunday, is that from the morning or do you have to wait till Chatzos? Can you use new clothing on Friday too?
A. You can shave from the early morning on as it is considered already Likvod Shabbos, but not from the night before (Thursday, Bein Peisach L'Shavuos p. 249). You can also then wear new clothing if this is done Likvod Shabbos, (Hilchos Ktanois 1,33 - ibid.).
Rabbi Abraham Bartfeld
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Posted 5/19/2011 10:57 PM |
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#81 - Owning a store that sells non kosher products
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Q. Thank you and Rav Miller for your prompt answer to our last Shaileh. A client is interested in buying a Dollar store, there are items that are part of the inventory that are not Kosher such as cans of prohibited fish and spam, is there a problem with selling them? The customers are not Jewish.
A. In principle there is a prohibition on trading with a "Dovor Hoosur" (prohibited foods). Some Poiskim maintain that the prohibition is rabbinical, (Bais Yosef, Rashbo, Y.D. 117 et. al.) since he may come to eat the items he does business or work with. Other Poiskim assert that it is biblically forbidden (Tosafos Pesachim 23,a - Rambam- Rosh - Taz Y.D. ibid.). You may trade, nevertheless, with foods that are only rabbinically forbidden (Y.D. ibid. 1). Accordingly it would certainly be advisable not to engage in a venture where you would have to do commerce with biblically prohibited food. However if the store was purchased, the non kosher foodstuff that was acquired with the rest of the inventory, could be sold but not reordered. (Y.D. ibid.)
However, the Oruch Hashulchon (Y.D. 117,27), seeks leniency for those store owners that have as a small part of their merchandise non kosher foods, since the items are few, and their main business is conducted with permitted foods. On condition that maintaining those provisions are essential for the success of their trade.
Horav Shlomo Miller Shlit"a, advised, in addition, to sell to a Gentile (in a halachically permitted and proper manner), that part of the business that deals with non kosher foodstuff. He further required the Jewish store owner not to handle or be in direct contact with the non kosher items.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 5/19/2011 10:47 PM |
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#80 - Aquiring Property rented out to Illegal or Halachicaly Problematic Businesses.
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Q. There is this commercial strip plaza that our company is interested in acquiring, it could be a very good investment. One of the units is a health centre that after investigation turned out to be a massage parlour. They are an essential part of the income of the property and they have a lease for an extended time. Is there a problem owing a property that caters to such an enterprise, should we be concerned as visibly orthodox Jews that an eventual Chilul Hashem could result if this tenant gets into trouble with the law?
A. Horav Shlomo Miller's Shlit"a opinion is that though the purchase of this property may not be prohibited by Halocho, it definitely is not the proper or correct endeavour to go into on moral grounds. Also the purchaser will not be able to renew the lease of the problematic unit when it expires.
Rabbi Abraham Bartfeld, as revised by Horav Shlomo Miller Shlit"a
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Posted 5/13/2011 2:33 PM |
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#79 - Seferas Haomer - Counting Yesterday
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Q. I counted sefiras haomer 18 minutes after shkiah and the next night when I counted I said today is so and so and yesterday was so and so.
Can I still count now onwards with a bracha?
Thanks,
A. Rav Ovadia Yosef Shlit"a , (Yavia Omer 4,43 - Yalkut Yossef 489,29), writes that if someone totally forgot to count Sefirah the night before and also did not remember during the following day, until after the shkiah, he should immediately count without a brochoh, and then wait for nightfall and count the next day with a brochoh. He recommends to delay counting until Rabeinu Tam's time for nightfall, and then subsequently keep this schedule, even if he normally does not wait for Rabeinu Tam's zman, so it will not appear as he is following contradictory timetables.
He adds that this Psak is limited to counting before the time nightfall of the Geonim (13.5 minutes zemanios after the Shkiah).
Sefer Ysroel Vehazmanim (p. 544), addressed this same question and his opinion is far more lenient. If the individual regularly follows Rabeinu Tam, the above would apply until the beginning of Rabeinu Tam's Shkiah (13.5 minutes before Rabeinu Tam's nightfall - He quotes a position that extends until the full 72 minutes after the Shkiah).
Horav Shlomo Miller's Shlit"a opinion is that the above applies until approximately 30 minutes (Toronto area) after the Shkiah only.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 5/13/2011 2:27 PM |
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#78 - Using New Items During Seferah.
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Q. I bought some new suits before Pesach but I didn't get a chance to have them checked for Shaatnez before the beginning of Sefirah. Can I use them now or do I have to wait till after Lag Baomer. Also I have the same question about a car bought before pesach, but the delivery got delay until before Lag Baomer. Also clothing bought on sale during the beginning of Sefirah, do I have to wait until after Lag Baomer to use it?
A. There are different opinions and Minhogim in regards to using new clothing during the days of Sefirah, some forbid (Leket Yosher O.C. p.97) some permit (see Nitey Gavriel - Pesach 3, ch. 54,3).Horav Shlomo Miller's Shlit"a opinion is to be lenient.
The ones that prohibit do so mainly because of the brocho of Sheheyanu, that they consider improper at the time of sorrow of Sefirah. But they permit wearing them on Shabbos or on Lag Baomer, since the brocho is recited at the time we wear them first. Non important clothing is permitted in need (Afrakso Deaniyo 176).
Buying a new car is permitted also if required, (Nitey Gavriel ibid. 55,6) as the minhag applies mainly to clothing.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 5/13/2011 2:21 PM |
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#77 - Loosing a Minyan before or during Kriyas HaTorah.
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Q. We began reading the torah and realized at the end of the first aliyah that a few people walked out and there was no minyan at the beginning of kriyas haTorah.
What is the correct thing to do? Do we start all over again once the people for the minyan returned? Does the first oleh have to repeat the bracha and the bal korah has to repeat again?
A. In O.C. 58-3, Remah states that even if there was a minyan for the repetition of Shemone Esreh, but they exited before Krias Hatoroh, you cannot begin the reading as it is a different part of the Tefilah. Krias Hatoroh is a Dovor Shebekdusho and it requires a quorum of ten (O.C. 143,1 - Mishna Berura ibid.). In their absence you would have to start over again and repeat with a brocho the first aliyah. If some left after the first reading began (not only the brocho), you could then after the fact, continue without a complete minyan.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 5/6/2011 12:57 PM |
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#76 - Storing Chumetz in a Refrigerator over Pesach.
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Q. Can I store sold Chumetz in my refrigerator over Pesach?
A. Horav Shlomo Miller's Shlit"a opinion is that if it is chometz gomur it should not be stored even if sold, if it is only in a mixture or kitniyos it is permitted if totally wrapped, separated and labelled.
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Posted 4/18/2011 1:21 AM |
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Important Numbers
