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Have a question? Send it in! Questions are answered by Rabbi Bartfeld.
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#412 Crashing Into an Illegally Parked Vehicle (A)
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Q. If someone parked his car in an illegal parking position in the back of my properly parked car and I backed when driving out from my spot and crashed into that car that should not be parked there, do I have any liability and do I have to contact the owner if he is not present?
A. Shulchan Oruch (C. M. 378 and 379) rules that in cases were both the injurer and injured parties were in a location permitted for both (birshus) or even when the injured party was not, if the damage was done with intention the injurer is liable.
In Darkey Horoah journal (p195). in the name of Rav I.Z. Rosenzwaig a similar case is presented were the fact that the injuring driver failed to look back in his back mirror to ascertain that no one was there, as he should have, makes him be also "shelo birshus" and therefore liable.
Horav Shlomo Miller's Shlit"a opinion is similar. The only exemption would be if the car parked on his back did not leave enough space for him to drive out. Even then Bidey Shomaim or ethically he should compensate the damage or settle with the damaged party.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 11/28/2013 10:40 PM |
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#411 Phoning into Shabbos
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Q. May a person in Israel call his relative in Toronto when it is still Shabbos in Toronto and leave a message on his answering machine?
A. Most Poskim permit telephone calling or answering, from a place where Shabbos has not yet began or is already finished to a location were it still is Shabbos, if one is calling or answering a Gentile or recording on an answering machine. (Shulchan Shlomo 1 p.528, Chelkas Yaakov 3: 106, Melachim Emanecha p. 120, Beer Moshe 6: 49, Betzel Hachochmo 3: 125). However, some disagree (see Piskei Teshuvos 344 note 8). Horav Shlomo Miller Shlit"a is matir.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 11/22/2013 1:31 PM |
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#410 Shabbos News on a Weekday
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Q. Can I watch or read the news happening in Israel on Friday night when it is only Friday afternoon here in Toronto?
A. Horav Shlomo Zalman Auerbach Zt"l in Shulchan Shlomo (22: 2) addresses this question and prohibits listening to the news broadcasted from Eretz Yisroel when it is Shabbos there, even though the listener is in a location were it is not Shabbos. The reason is that the listener derives benefit from a prohibited melocho done by Shabbos desecration, since most likely at least some of the people involved in creating the transmission are Jewish. (Shulchan Aruch O.H. 318:1). If the broadcast is done on Shabbos totally by Gentiles, Horav Shlomo Miller's Shlit"a opinion is that it is permitted to listen to before or after Shabbos.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 11/22/2013 1:29 PM |
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#409 Blackmailing with Chalitza?
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Q. Is it mutar to withhold chalitzah from my brother's widow in order to secure and blackmail her for more of the inheritance?
A. Horav Shlomo Miller's Shlit"a opinion is that matters that are under dispute between two or more parties, should not be addressed and vented, unless all of the interested contestants are present. The right venue for your inquiry should be in front of a Bais Din as part of a Din Torah.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 11/22/2013 1:23 PM |
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#408 Halacha Rights on Naming a Child
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Q. [In regards to which parent has the right to name their child], what does the Halacha say?
A. Traditionally in Ashkenazi communities we do not follow the custom quoted in Ramban and Rabboseinu Baalei Hatossafoss and Teshuvos Maharam M'Rottenbourgh (mentioned in the prior question). Rather the prevalent minhag is to have the mother give the name of the first child and the father the second one. The mother will then name the third one and so on. (Otzar Habris p. 335). Keser Ephraim (39) mentions that maintaining the connection with her family is the reason why the mother is given first choice, since marriage tends to separate her from them. However there are those who do follow the first tradition (Leket Hayosher 107, Tashbatz 291). Some Sephardic communities uphold the tradition of the male names belonging to the father while the female ones to the mother. (Kuntres Vaikro Shmo B'Isroel)
Igrois Moshe (Y.D. 3: 97) in regards to a bris and naming done without the consent and presence of the father, rules that the mother also has a right to give a name as in the case of Binyomin (see prior question) and the name she gave although done unethically, would stay, as long as they mentioned who the real father is. The father has the right to add a name. Others disagree (Nachalas Yaakov, Shemos). See also in Likutey Sichos (7 p. 307) a comprehensive elucidation on rights of name giving.
Horav Shlomo Miller Shlit"a advises that one of the most important rules to follow in name giving is maintaining Sholom Bais, peace, harmony and affection, as the opposite endangers the child (Bris Avos 8: 23, Shmiras Hanefesh 99).
There may be other important factors involved in choosing a name, such as honoring a very dear departed benefactor etc. It is advisable to consult with a competent rabbinical authority, as to which is the correct course to follow.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a.
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Posted 11/22/2013 11:55 AM |
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#407 In Tanach, Which Parent Named the Child?
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Q. I noticed that with all of the sons of Jacob, the mothers named them. For Benjamin, his mother and father named him. How come Jacob did not name his sons? Is this a sign or message from the Torah that the women are supposed to name the children? Is there a mesorah from Moshe Rabbeinu who is supposed to name the children? What does the Halacha say?
A. There seems to be no clear-cut rule as to who historically should or would give the name to the newborn. By the first name ever given to a child, born to the primordial couple, it is mentioned; and she conceived and bore Cain, and she said, "I have acquired a man with G-d." (Bereishis 4: 1); it would seem that she gave him his name. Similarly with their third son it says: "and she bore a son, and she named him Sheis: (ibid. 25), while Sheis gave Enosh his name (ibid. 4: 26). Lot's daughters named their offspring (19: 37-38)
However, Avrohom Ovinu named both Yishmoel and Yitzchok (ibid. 16: 15, 21: 3), while the offspring of Yitzchok, were either named by the people, as with Eisov (Rashi ibid. 25: 25), or by Hashem, as in Yaakov's case, (Rashi's first interpretation) or by his father (second interpretation).
It is noteworthy that Yaakov's wives named most of their children. The exceptions were Levy, where Rashi quoting Midrash, claims that Hashem named him, and Binyomin whose name was given by Rochel, and was different from the one Yaakov named, and he prevailed.
By Tamar it says: "Again she bore a son, and she named him Shelah" (Bereshis 38: 5). Ramban (ad loc.) quotes those who opine (Maharam M'Rottenbourgh, Rabboseinu Baalei Hatossafoss and Radak) that they had the custom that the father gave the name of the first child and the mother the second one. The father would have named the third one, but, "he [Yehuda] was in Chezib when she gave birth to him". Ramban disagrees with the above.
Yosef gave a name to his children (ibid. 41: 50-52), also Moshe Rabbenu named Gershom (Shemos 2: 22), but Chana named Shmuel (Shmuel 1: 1: 20), and their respective mothers named both Shimshon (Shoftim 13: 24) and Yavetz (Divrei Hayomim 1:4:9). As to Shlomo Hamelech there is a K'ri and K'siv discrepancy who named him (Shmuel 2: 12: 24-25, see Radak that asserts Shlomo's name was given by Hashem, but his father called him Yedidya).
From the above it appears that both parents have rights in naming their offspring. For how this translates in actual Halacha today, see next answer.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a.
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Posted 11/22/2013 11:53 AM |
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#406 Semi-Concealed Holy Names
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Q. While on it, a few years ago we took some pictures by a bris and the shemos on the omud came out in some of the pictures, but you can only see them when the picture is placed by a strong light or the sun. On another picture you can only read the full name if you see it in an angle. Are those Shaimos?
A. Horav Shlomo Miller's Shlit"a opinion is that if the name can be read under what would be considered normal conditions erasing it would involve the biblical prohibition of "you shall not do so to Hashem your G-d". However, see prior question, if a name written without the intention of it becoming holy carries a biblical or rabbinical prohibition. Although there may not be a biblical prohibition involved. The name still has to be kept with the proper kedusha and disposed off as standard shemos.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 11/19/2013 2:02 PM |
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#405 Shaimos on a Kitchen Counter
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Q. The counter in the kitchen was wet with a sticky substance. Somebody placed an open sidur facing down on it, the letters got stuck to the counter and when the sidur was picked up we ended with a shem glued to the counter. What do we do now?
A. Rambam (Yesodei HaTorah 6) notes "One who erases one of Hashem's holy names transgresses a negative commandment as the verse states regarding idol worship, 'And you shall eradicate their name from that place; you shall not do so to Hashem your G-d.' Tur and Shulchan Aruch (Y.D. 276: 9) rule accordingly. However there are diverging opinions if Hashem’s names that were written or printed without the intention of becoming holy are included in this prohibition or are only forbidden rabbinically (Tashbatz 1: 177, Chidushei Chasam Sofer - Shovuos 35, Igrois Moishe Y.D. 1: 172, Shach Y.D. 276; 12, permits erasing when needed for fixing a Sefer Torah) Assuming that the name that stuck to the counter top is the Tetragrammaton or four-lettered name, Horav Shlomo Miller's Shlit"a advises to try out first with a similarly glued blank paper, to see if it can be peeled off with a razor, by steaming with vapor or by gluing on to transparent tape and then pulling it off the counter. If this cannot be achieved you may have to cut the piece of laminate the name is attached to. There are two other leniencies that may be employed when combined together, such as removing the paper indirectly or g'romoh, as when pouring water on other areas of the counter, with no intent to erase the name (Noda Beyehuda II: 17) and using the services of a Gentile (Chazon Nachum O.H. 1:6:12, Kodesh Lashem p. 125 quoting Besomim Rosh and Maharsham)
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 11/19/2013 1:59 PM |
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#404 Creating Bubbles on Shabbos.
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Q. When washing for Shabes morning use, last night dishes with cold water can you use soap that creates bubbles?
A. Most Poskim maintain that there is no prohibition on creating soap bubbles when using an already properly diluted, cold soap and detergent solution, when needed for Shabbos use.
(Tzitz Eliezer 6, 34, B'er Moshe 8: 248, Shemiras Shabbos K. 14: 16, Eretz Zvi 70, Chaye Halevy 33) Vayaan Yosef argues that this should not be more stringent than pouring a glass of carbonated drink or beer that also produces bubbles.
See however, Shemiras Shabbos K. (16: 30) in Horav S.Z. Auerbachs Zt"l name, that when the intention is indeed to make bubbles, as with a children's bubble making soap solution, it should be on the onset avoided, but you do not have to stop the children when they do so.
Horav Shlomo Miller's Shlit'a opinion is that it is permitted to use the above-described dish washing solution when needed.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 11/15/2013 1:26 AM |
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#403 Spraying Canned Whipped Cream on Shabbos
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Q. Is it permitted to spray whipped cream from a spray can on a dessert on Shabes?
A. The main issue with using canned sweetened whipped cream propelled by nitrous oxide, for decorating desserts, ice creams and cakes on Shabbos, is the prohibition of molid or creating something new (Shabbos 51b). Inside the can the cream is in a compressed liquid state, when sprayed it changes temporarily, for counted minutes, to a firmer self-standing foam.
Some Poiskim maintain it should not be used in Shabbos (Hilchos Shabbos Bamitbach p.961 in the name of Horav M. Klein and Horav M. Shtern Zt"l, 39 Melochos 2 p. 371). Some however permit its use. (Rivavos Ephraim O.H. 8; 158: 11, Orchos Shabbos 15: 45, Hemdat Yamim, Balak 5771)
Horav Shlomo Miller's Shlit"a opinion is that when needed you are allowed to use it on Shabbos.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 11/15/2013 1:24 AM |
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#402 Does Chupa Atonement Require Teshuva?
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Q. (For receiving forgiveness on the day of the chupa), do you have to make teshuva?
A. Some authorities argue that if the reason for forgiveness is the total change and new creation of the individual at the time of his marriage (Maharal, see above question), it would occur even without teshuva. So too, it would seem from the source of Mochlas, Eisov's wife quoted above, since Eisav did not do teshuva (as seen from Rashi's commentary, Bereshis 29: 9. (Mevaser Tov 1 p. 4, Shimusho Shel Drosho, p. 304). This exoneration of this day, would then be similar to Rebbi's opinion on the atonement of Yom Kippur (Yuma 85b). Some argue that there is only a partial forgiveness without proper teshuvo or it applies only to precepts between the individual and Hashem and not l'chavero, to others (Imrei Emes quoted in Neimos Hachaim p. 223).
Although, it is often quoted in the name of the Chazon Ish that no teshuva is needed on this occasion, Orchois Rabeinu, (ibid.) quoting Horav Y. Kanievsky Zt"l, assures that this was never said. What the Chazon Ish meant was that there is propensity and Heavenly help on that day to do teshuva more than on any other occasion. Most authorities subscribe to the principle that the wedding day does not expiate without proper teshuvo.(R'Chaim Vital Zt'l , Chasam Sofer – Vayetze, Tosfos Chaim 132: 55, Halichos Shlomo – Moadim, Neimos Hachaim ibid., et.al.)
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a.
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Posted 11/15/2013 1:23 AM |
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#401 Is The Kallah Forgiven Also?
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Q. Is the kallah also forgiven for all her sins the day she marries or just the choson?
A. It is generally accepted, that forgiveness of sins applies equally to the bride as to the groom. This ensues, if the source for the above principle is the verse: (Bereshis 28: 9) "Eisov went to Ishmael, and he took Mahalas, the daughter of Ishmael, the son of Abraham". The fact that the posuk changes her name from Bosmas to Machalas, teaches us that she was granted mechilo and forgiveness to all her sins. (Yerushalmi Bikurim 3: 3, according to one version – Mate Moshe, Hachnosas Kalo 2, Nitey Gavriel, Nisuin 2: 55 note 24). Beer Maim Chaim (Bereshis 26:3) argues; if she is absolved, certainly he should also.
The fact that the kallah also fasts on the day prior to the chupa and recites viduy, would indicate that this is a day of atonement for her too (Shulchan Aruch E.H. 61: 1). So too, would be the reason given for absolution by the Maharal (Gur Aryeh, Vaishlach), namely, being recreated into a new being when you marry.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 11/15/2013 1:22 AM |
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#400 Bris at Home or in Shul?
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Q. Is it better to make the bris in a shul or can it be done at home?
A. It is tradition to perform the bris milah in a shul or bais medresh (Remoh Y.D. 265: 11, quoting Maharil, see Tos. Pesachim 101a). Poskim mention as a reason; "berov am", to honor the mitzvah by carrying it out in the presence of a large number of attendants (Shulchan Aruch Horav 331: 8). Some found an allusion in the verse; (Shmuel 1:23:18) "And they made a covenant before Hashem" (Teshuv. HoRashbo 7:536).
However, other Poiskim mention the custom of purposely doing the bris at home in order to bring the presence of Eliahu Hanavi to ones abode (see Otzar Habris 1 p. 174).
Horav Shlomo Miller's Shlit"a opinion is to perform the ceremony preferable in a shul or other mokom kodosh, but when required, it can be done in any propitious venue.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 11/8/2013 2:53 PM |
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#399 Giving the Name Before the Bris
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Q. If you want to make a mi sheberach for the baby, can you give him a name before the brith? When and how do you do it? and if not, what name do you use?
A. A number of consequential and significant reasons are mentioned for naming the newborn at the bris ceremony (Klolei Hamilo p.94) also Avrohom Ovinu was given his full name only after he circumcised (ibid.)
However, if the child was born premature or is ill, some Poskim maintain that he could be named before the bris, to permit praying for him (Oz Nid'bru 7: 73)
Horav Shlomo Miller's Shlit"a opinion is that it is better not to deviate from the norm of giving the name at the bris. When reciting the mi sheberach and other tefilos, one should mention just "tinok", (infant) ben followed by his mother’s name.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 11/8/2013 2:52 PM |
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#398 Sholom Zochor for Baby in Incubator
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Q. When do you make the Shalom Zachor for a baby that has to remain in an incubator for about ten days and the brith will be delayed, do you make it the first Shabbat or when the baby is home before the brith?
A. Some Poskim maintain that the sholom zochor should not be celebrated when the newborn is not home yet (Even Yisroel, et. al.) since a basic reason for the sholom zochor is to console him on the loss of the Torah he has learned or to welcome him to this world.
However the common minhag or custom is to perform it on the first Shabbos (Pri megodim Y.D. 444: 9, Rivavos Ephraim O.H. 5: 203, Otzar Habris 2: p. 129-130, quoting Chamudei Doniel, and other Poskim) as they consider that the main reasons for the Sholom Zochor are the receiving and honoring of Shabbos and it being a seudas hodoah, thanking Hashem for the safe delivery and birth. Betoroso Yehegge (2: 94) quotes Horav Chaim Kanievsky Shlit"a as; "a sholom zochor not done on the first Shabbos is only a zecher or memory of a sholom zochor". It is also common practice to observe it in a shul without the presence of the infant.
Horav Shlomo Miller's Shlit"a opinion is that if there is no serious concern on the survival of the newborn, the sholom zochor should be done as customary on the first Shabbos.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 11/8/2013 2:51 PM |
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#397 Tzedaka (Vauchers) and Tax Receipts II
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Q. My child collected money for a tzedaka through their school: - May I take the money and send in tzedaka vouchers that I once purchased and if so, must I give that money to tzedaka or may I spend it on other things?
A. Horav Shlomo Miller's Shlit"a opinion is that you may offer the vouchers to the intended institution, since the vouchers are redeemable by the institution at their face value by their issuer. If the receiver cannot cash in the coupons at their face value, you might have to add the percentage necessary to compensate for the true redeemable value of the coupons. If they accept them you may keep for your own use the exchanged monies.
Please see prior answer, as it applies in this case too.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 11/8/2013 2:48 PM |
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#396 Tzedaka and Tax Receipts I
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Q. My child collected money for a tzedaka through their school: Am I allowed to take the money and send in a cheque so that I may get the tax receipt or is it stealing from the government?
A. Horav Shlomo Miller's Shlit"a opinion is that when dealing with tax issues a main Halacha concern is if the questionable situation would be acceptable by existing tax laws. In this case a tax accountant or other such specialist should be first consulted.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 11/8/2013 2:48 PM |
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#395 Red Lentil Soup on Shabbos Parshas Toldos
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Q. This is an urgent question. My wife wants to cook for this Shabbes Toldos a red lentil soup that she saw advertised in a parsha food page. (naye meshugas). Is it allowed since this is a maachol avelim? We need an answer before noon erev shabes please.
Thank you for your consideration
A. Horav Shlomo Miller's Shlit"a opinion is that you can eat a red or any other color lentil soup on Shabbos, as it is not a dedicated sign of aveilus or mourning. (Same as eating eggs or chickpeas).
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit"a.
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Posted 11/1/2013 2:25 PM |
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#394 Shoveling Snow on Shabbos
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Q. Can you shovel snow that fell on Shabbath?
A. Sh'miras Shabbos Kehilchoso (16: note 110) quoting Rav S. Z. Auerbach Zt'l rules that snow that fell on Shabbos is not muktze (see Mishna Berura 338: 30). Igrois Moishe (O.H. 5: 22: 37) disagrees.
Horav Shlomo Miller's Shlit'a opinion is that in case of real need, as when you cannot enter or exit, you may shovel what is essential. The ground bellow should be paved or cemented and one should be permitted to carry in that area.
If possible, one should ask a Gentile to do the shoveling.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 11/1/2013 2:04 PM |
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#393 Chopping Ice on Shabbos.
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Q. Can you use a metal scrapper to break ice on a path or steps during Shabbath?
A. Mishna Berura (320: 36) quotes Mogen Avrohom's opinion that there is a difference between breaking ice collected on a vessel, which the Shulchan Aruch (ibid. 10) permits and chopping ice that is attached to the ground, where it may be considered building or demolishing. However Mishna Berura mentions that many Poskim disagree and rules that in need the ice can be broken.
There may be also issues of muktze (Shulchan Atzei Shitim and Chasam Sofer, quoted in 39 Melochos 2, Dosh, note 167. Using a scraper would be "tiltul min hatzad", similar to a broom) however, when public safety is a concern, as stated in the previous question, it does not apply.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 11/1/2013 2:03 PM |
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