Q. How come many religious institutions offer bingos and sell raffle tickets, is that not a form of gambling?
A. As mentioned in the prior answer Remoh (Shulchan Aruch C.M. 370:3) writes that the accepted custom is that if someone has another established gainful occupation he is allowed to gamble.
However, Igrois Moishe (O.H. 4:35, E.H. 3:40) writes "playing cards or bingo (on a hall attached to a Shul), although there is no clear prohibition involved, they are considered repulsive wherever you play them and are like a "Moshav Letzim".
Rabbi Berel Wein (torah.org) writes: "Many rabbis opposed this type of fundraising activity, saying that holiness should not seek to find its support in basically unholy projects. However, the practicalities of the expenses of operating synagogues and especially schools soon overwhelmed any moral objections and Jewish sponsored "Bingo", raffles, and even Las Vegas nights became accepted practices in Jewish institutions in the United States and Canada. The objections raised to this type of fundraising have never disappeared. They have merely been ignored".
Bingos are not to be compared to raffles or lotteries. Peri Haaretz permitted the raffle of a Sefer Torah, when the scribe has difficulty selling it under certain conditions. Similar opinions are to be found in Pischey Teshuvo (Y.D. 270: 5), Divrey Malkiel (5: 147) and others.
Rav Poalim,(2:30) quotes Chavos Yoir (61) who allowed his students to raffle off a golden kiddush cup. He allows the raffle of a specific object, as opposed to money. The "Mifal Hapayis", Israel's lottery where the prize of the raffle is not a specific object but rather a percentage of the money raised from selling the draw tickets is the object of contemporary Poiskim debate. Yabia Omer (H.M. 7:6) prohibits while Tshuvos Vehanhogos (C.M.4: 311),Yaskil Avdi (Horav Ovadiah Hadia Zt"l, Y.D. 8:5) and many others permit.
Horav Shlomo Miller's Shlit"a opinion is that raffles and lotteries established by Gentiles are generally permitted. When promoted by Jewish institutions, if most of the monies raised are destined for Torah or Tzedoko organizations they are permitted, since one is in any case pleased to donate to them.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. I assume from my rudimentary Jewish education that it is not permitted, but I have a couple of religious orthodox acquaintances that occasionally when on vacation play at the Niagara casinos, are they at fault?
A. Halacha generally looks disapprovingly on gambling. The Talmud (Sanhedrin 24b, Rosh Hashana 22a, Eiruvin 82a) writes that someone who earns a salary from gambling is unacceptable as a witness in a Jewish court. Two reasons are provided; a) the person who lost the bet did not wholeheartedly intend to pay. The winner's earnings are then considered a form of thievery. b) He engages in an occupation that does not promote any benefit for society.
Remoh (Shulchan Aruch C.M. 370:3, 207: 13) writes that the accepted custom is that if someone has another established gainful occupation he is allowed to gamble (see next answer). Sephardic Poskim mostly are stringent.
However when the gambling is carried out in a casino, club or other such dedicated social enterprise, there are certainly other added proscriptions to consider. Gaming establishments tend to attract unsavory types who like to divest and boast ill-gotten gains. The milieu and spirit that permeates those gender mixed nightspots are the total antithesis of what the character of our Torah represents.
They would certainly qualify as the proverbial "Moshav Leitzim"(Psalms 1:1) "neither did he stand in the way of sinners nor sit in the company of scorners". See Mogen Avraham (307:22) and Mishna Berura (307:59) for a comprehensive view of the prohibitions involved.
There may be an added prohibition of supporting someone doing a wrong, as the devastation that casinos have wrought on many unfortunate individuals and their families is well documented.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a.
Q. I live on the top floor of a 3-floor apartment building. I found a common small bouncy ball on my porch without any identifying marks other than the color. In the local children's store I can find dozens like it.
When the youngest child of my downstairs neighbor used to be little, we used to find many objects of his on our porch that he used to throw there. I asked my downstairs neighbor if it belonged to any of their grandkids (thinking that this throwing custom might have been passed down to the next generation) but was assured that it did not come from them.
Although it definitely came from someone else, do I have to continue to inquire from my other neighbors if it belongs to them or can I dispose of it as I see fit?
A. There are a number of sfeikos or doubtful conditions involved in deciding the correct way to deal with the found ball.
It is possible that the ball belongs to an adult, then regardless of whether the owner is Jewish or no, since the ball does not posses an identifying mark or siman, it does not have to be returned, as the owner will lose all hope of it being given back to him (since he cannot prove his ownership) and this state of "yiush" (or giving up) acquires the found object for the finder.
If a minor lost it, then if the majority of the residents are Gentiles the same law applies. However, if it is likely that it belongs to a Jewish minor who does not posses the capacity for "yiush" (Shulchan Aruch C. M. 260: 6), Nesivos Hamishpot (ibid. 11) rules that an unidentifiable belonging to a child must be returned, if and when witnesses appear to prove it is his. Some Poiskim disagree (see Divros Moishe C. M. 21: 3, Hakatan Vechilchosov 67: 6).
There may be another mitigating factor for not being obliged on safekeeping the ball forever. It considers the fact that ones property does not acquire objects against ones will. Since you cannot comply with the mitzvah of returning the object, as it does not have a "siman", you may have never wanted to acquire that object in the first place, and therefore you are not liable for its return.
Horav Shlomo Miller Shlit"a suggest to simply leave the ball by the curb.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. I have noticed that at Mac's Milk there are machines which sell slurpy's. Above the machines there are certificates from MK (Montreal Kosher) which shows a list of flavors which are kosher.
The question is, being that the store is owned and managed by Nochrim and there are no mashgichim present, and it is open 24 hours a day and seven days a week, Is there any heter to drink these slurlpies? And if yes, why is this different that a Nochri inviting me to his house and giving me to drink flavoured ices and for him to tell me that it's kosher., does he have any ne'emanus?
This is extremely noge'a as many in thornhill drink this slurpies during the summer months, especially frum camps, schools, and families.
A. We send your query to MK and COR and hereby follows their reply;
Thank you for your email. Companies that are using these machines are legally bound to only use the flavors & product supplied by those companies who are supplying the machines. Spot inspections also take place to ensure that they are only using the correct product certified by ourselves.
Should the company be found in contravention, they would immediately lose the rights of using the machines and products
Below is a link to our article about "Slurpee" concerns. You should know that our experience has shown that Coke" and "Sprite" slurpees have never posed a problem. This is not to say that you should avoid the other recommended flavors.
In general there is less of a concern with contamination in a public/industrial setting then in one’s personal house.
Q. I am looking for work and during my networking conversations I've been put in touch with someone from a German firm. I'm thinking I should not pursue this. Would you agree?
A. Horav Shlomo Miller's Shlit"a advise is to check the history of this particular company to ascertain if a questionable background, relating them to war crimes or Jewish persecution during the Holocaust evolves. Even if it this is confirmed there would not be today any Halachik prohibition to be employed by them. However, it may involve questionable feelings and a dubious sense of propriety and moral correctness.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. I have a question that was posed to me during a discussion with an acquaintance who is Jewish but a self proclaimed atheist and leftist. He managed to bring up the issue of gay marriage in Israel and asked this:
"we routinely marry sabbath-breakers in Orthodox synagogues. We marry people who openly and brazenly eat on yom kippur and eat hametz on pesach and eat cream-drenched pork dishes in public. Where's the outrage?
Seems odd to me (actually, totally predictable, really) that the taboo against gay people persists, while we openly tolerate sabbath-breakers, adulterers, parent-cursers, linen/wool mixers, and all kinds of other people who commit biblical abominations on a daily basis."
I wasn't quite sure how to answer him.
A. - On a recent question (257 on this forum) regarding a similar situation we wrote; 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.
The same would apply to "people who openly and brazenly eat on Yom Kippur and eat chametz on Pesach and eat cream-drenched pork dishes in public", as performing their marriage ceremony is unrelated to their violations and does not directly involve placing a stumbling block before the blind (the prohibition of lifney Iver – Vaykro 19:14) or assisting them in doing something prohibited.
The same clearly cannot be said on gay or same sex marriages as in the eyes of Halacha that nuptial union does not exist and the intimacy itself is severely prohibited.
However if a person who suspects he/she has gay or lesbian tendencies and resolves to enter into a normal heterosexual marriage, he/she must inform their prospective spouse of their suspected condition, at the time their courtship becomes viable. It is essential at the very onset they consult the guidance of a competent Rabbi as all cases differ from one another.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. After meals on Shabbos, is it okay to use some liquid dish detergent?
A. Horav Shlomo Miller Shlit"a ruled that when soaking dishes in cold water is permitted on Shabbos (see prior question) it is also permitted to add liquid soap to the water when needed now to avoid foul odors or attracting insects.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. After meals on Shabbos, is it okay to lightly soak soiled dishes with cold water?
A. It is forbidden to prepare on Shabbos for the weekdays even on arrangements that do not qualify as melochos by themselves, and involve only slight effort such as soaking dishes or fetching wine (Mishna Berura 503: 1).
However when there is a likely possibility that they will be still needed during Shabbos, even after Seudo Shlishis (ibid. 323: 28), or they create a foul odor or will attract insects, they could be soaked in cold water as needed.(Sh'miras Shabbos Kehilchoso 12: 2)
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. A food item which cannot be eaten raw is soaked in sugar for several days (or heated in water under 40 degrees celcius) and is then dried by a goy at app. 76 degrees celcius. Is this Bishul Akum? At the stage prior to drying nobody eats it because it is too sugary and it is not in its final stage, but it is technically edible. The Mogen Avrohom in siman 203 seems to indicate that it has to be that people eat it in this form. L'halacha does it suffice if it is edible before the drying process?
Sweetened dried cranberries. Some companies soak them for three days in sugar, some soak them in low heat 30-40 degrees (celcius) and some soak them at higher temperatures. All these companies then dry them at high temperatures.
A. About 95 percent of cranberries consumed in the United States are processed, most commonly for juice and juice blends (Agricultural Marketing Resource Center – March 2012). Because of their natural tart taste only about 5 percent are consumed fresh.
Shulchan Oruch (113: 12) quotes different opinions in regards to the Bishul Akum prohibition on food that can be eaten raw only in difficult circumstances. Remoh (ibid.), Kaf Hachaim et al. permit in need.
Horav Moishe Heinemann Shlit"a mentions that canned cranberry sauce may not be Bishul Akum as it would not be served in banquets at the White House (Star K On Line – Food Fit For A King). In note 1 he adds; "Even though the White House may never use canned foods, if the food was first cooked before the canning process, then at that time it is perfectly fit for use at a state dinner and the subsequent canning does not remove the proscription of Bishul Akum"
Some Poiskim further permit dried fruits as the process of drying is not necessarily bishul (see; Teshuvos Vehanchogos O.H. 3: 249 – D'var Yehoshua 1: 11: 11)
There is an opinion, albeit unconventional and not accepted by itself, that maintains that the food produced by incorporated companies is not affected by the bishul akum prohibition (P'amey Yakov, Kovetz 1, 5768)
Rabbi Dovid Rosen, in answering our query wrote that: COR policy is that cranberry products don't have an issue of bishul akum.
Horav Shlomo Miller's Shlit"a opinion is that since cranberries can and are eaten fresh, at least by some, bearing also in mind that in their canned or dried presentation they may not be considered "fit for a king" and that their process may not involve bishul at the necessary temperature or even be bishul at all, you can be lenient as long as other aspects of Kashrus certification are met.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. What is better on attending a wedding if you want to leave early, not to eat bread, or wash eat bread and make a mezumman without saying sheva brachos?
A. Poiskim disagree whether the obligation to recite sheva brochos rests only on the groom or on all the partakers to the banquet. The difference would be if an individual is permitted to leave early, when there are enough guest remaining for sheva brochos. (see sources in Nitey Gavriel – Nesuin 2: 98: 1)
Igrois Moishe(O.H. 1: 56 and E.H. 67) advises that if someone wants to leave a wedding banquet before the reciting of sheva brochos, he should nonetheless wash and eat bread but have in mind not to join as a group with the rest of the attendants on the feast (kovea seudo).
Horav Shlomo Miller's Shlit'a opinion is that in general when feasible, one should wash and partake with the choson-kalo on the whole feast, thereby fulfilling multiple mitzvos including rejoicing with the bride and groom. When this cannot be accomplished, it depends on the particular wellness needs of the individual as to which course to follow.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. If a chassan joins the seudah shlishit on Shabbat, without it being planned out before, do you still say sheva brachoth?
A. Meiri (Kesuvos 7b) writes that no sheva brochos are recited if the meal was not prepared specifically in the choson-kalo honor. A similar opinion is found in Orchois Chaim (61) in regards to a bride and groom participating in a Bris-Mila feast and in Imrei Dovid (41) on Seuda Shlishis.
Ohalei Yeshurun (4: 5) quotes Horav Moishe Feinstein Zt"l advising that when sheva brochos is done in a restaurant where people eat all the time, you should announce that this particular meal is a dedicated one and the bride and groom should sit in a prominent seat to make this known.
Some Poiskim maintain that during an ordinary seuda shilshis, if you add a new dish or serve a previously unavailable food, you sing wedding nigunim and say words in the honor of the choson-kalo, you can recite sheva brochos. (Minchas Shlomo 3: 103 – Teshuvos Vehanhogos 1: 749 – Hanissuin K'chilchoson 14: 23). Horav Shlomo Miller Shlit"a is of the same opinion.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. Is it better to say the sheva brachoth on the last day in the middle of the meal or is it better after birchat hamazon when already after the shkiah?
A. Horav Shlomo Miller's Shlit'a opinions is that when we find ourselves close to the shkia on the last day of sheva brochos, the participants should stop eating and proceed with benching and sheva brochos, then continue and finish the meal. The brochos recited anew on the food are not considered as unnecessary (brocho sheino t'zricho), since birchas hamazon was recited for a valid purpose.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. On the last day of sheva brachoth, can you still say the brachoth after the beginning of the shkiah and if it is permitted, for how long?
A. Taz (E.H. 62: 3) quotes Maharal's opinion that you can recite sheva brochos on the night following the seventh day, however, most Poiskim disagree (Ginas V'rodim 62: 12, Otzar Haposkim 62: 30: 2, Nitey Gavriel – Nissuin 2: 109, et al.). Sovea Smochos (1: 3) rules that even if birchas hamazon ended before sunset, the sheva brochos should not be recited afterwards. Moreover, if there is no time to recite them all, none should be said.
Oholey Yeshurun quotes Horav Moishe Feinstein's Zt"l opinion that they could be recited up to forty minutes after the onset of the shkiah.. Sefer Ben Hashmoshos permits only seventeen minutes after.
Horav Shlomo Miller's Shlit"a opinion is that after the fact, they could be recited fifteen minutes after the shkia, (see next answer)
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. Shalom U'Bracha, Recently I purchased a Citizen eco-drive watch, that gets charged automatically from the light.
My question is: (1) Is it permitted to wear such a watch on shabbos (at home or within an eruv) when the watch has a reserve battery that can last about a year?
(2) This watch has a power save function "When the watch is continuously not exposed to light for 30 minutes ... the second hand is automatically stopped to reduce the power consumption. The hour and minute hands operate continuously"
Would it be mutar to wear on shabbos, I noticed when I am sleeping (with my hand under the cover the seconds handle stops until I take it out.)
A. Many Poiskim permit the use of self-winding watches, while they are still working (see Shemiras Shabbos K’hilchoso 28:28). A watch that gets charged automatically from the light it receives and is ticking would also be permitted.
However Horav Shlomo Miller's Shlit"a opinion in regards to the eco-drive watch you describe, is that it should not be used on Shabbos, since your covering or uncovering of the watch will have a direct effect and change the operation and functioning of the watch.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. Does dishwasher detergent need to be kosher? The brand finish use to have a hechsher and now it does not.
A. We forwarded your question to Rabbi Dovid Rosen, COR Rabbinic Coordinator, who advised us that; COR policy is that all dish soaps do not require a hechsher.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. Can someone that started Shabbos early ask his neighbor that davens late to turn on the lights for him?
A. Shulchan Aruch (O. H. 263: 17) rules that it is permitted for someone that has already accepted Shabbos to ask another that has not, to do a melocho for him. Mishna Berura (ibid.64) warns that this should not be done when it is already too close to sunset, as the majority of the community has already received Shabbos and the few that have not would be drawn by them.
(In relation to the previous questions, this does not apply to telling an Israeli resident who temporarily travels to Chutz Laaretz, to do melochos for him on the second day of Yom Tov, see Minchas Itzchok 7, 34).
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit"a
Q. Is there a point for him(a Israeli resident who temporarily travels to Chutz Laaretz) to say Izkor as it is not Yom Tov for him or should he say it by himself on the first day?
A. Betzel Hacochmo (4: 109) rules that an Israeli resident who temporarily travels to Chutz Laaretz should recite Izkor on the first day by himself.
Yom Tov Sheni Kehilchoso (13; 4) mentions that he was advised that Horav Moshe Feinstein's Zt"l opinion was not to say Izkor at all. However, Horav Shlomo Zalman Ouerbach Zt"l wondered why not and ruled that it should be recited on the first day and preferably also on the second day, together with the rest of the community.
Horav Shlomo Miller's Shlit"a opinion is to join everyone else and say Izkor on the second day.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit"a
Q. I have guest from Israel that are visiting me and they only keep one day Yom Tov. On the second day Shavuoth can one get an aliyah as he has Yortzayt and it is Thursday and they would be reading the Torah anyway? If yes could he get Maftir?
A. Poiskim mostly agree that an Israeli resident who temporarily travels to Chutz Laaretz should not be called to the Sefer Torah on the second day of Yom Tov, a day that for him is already after Yom Tov. Some maintain that the brocho recited will be in vain (Shaarei Ephraim 8:97, Hilchos K’tanos 4 – see also; Igrois Moishe 8:31, however Shvus Yaakov permits giving an aliyah).
Since on this particular year (5773), second day Shavuos is on a Thursday, when if it would not be Yom Tov we would be reading Parshas Hashavua, Horav Shlomo Miller's Shlit"a opinion is that on a Yortzait day you can call the Ben Eretz Yisroel to the Torah on one of the first three aliyos, but definitely not for Maftir.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit"a
Q. I sent my Tefillin to a Sofer Stam in Toronto for checking almost a year ago. I have called 2x since sending it and have yet to speak to him, and only to his wife. I have not heard from him, and I miss my tefillin very much. I cannot manage to purchase another set at this time.... 4 months ago his wife said he has been very busy. I don't want to seem like a pest, but I am getting uneasy about this matter, and have almost spoke Lashon Hara about this. How do I approach this matter?
A. Horav Shlomo Miller Shlit"a recommended you should send him a written request for returning your Tefilin and keep a copy of it. Give him reasonable time to respond. If he does not respond by that time, begin by contacting the Rov of the Shul where he usually davens and presenting your complaint to him.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Q. Is a newspaper delivered to North York on Shabbos Muktzah?
A. Presumably Gentiles printed the newspaper after the onset of Shabbos. Horav Shlomo Miller's Shlit"a opinion is that it is not considered nolad or something new created on Shabbos, since the paper was already in existence prior to the printing. As it is likely that the printing operation was carried out mostly for Gentiles, within the t'chum of the Larger Toronto area and there is also an Eruv in the city, in principle the non-business and non-financial sections of the newspaper are not muktze. (see Shmiras Shabbos Kehilchoso 31: 24 for a similar ruling). However one should dedicate Shabbos for spiritual purposes and Torah learning.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Important Numbers
