Q. Is one allowed during the three weeks to build a backyard deck that will be used for building a Suka on it? The posts for the Suka's schach will be constructed also then.
A. Horav Shlomo Miller's Shlit'a opinion is that in need it can be done during the Three Weeks, but should be avoided during the Nine Days
.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit’a
Q. How long is one allowed to leave a sefer one is learning from open, when exiting a room?
A. Shach and Taz (Y.D. 277: 1) quote Bach and Yerushalmi Megila, that the one who stops learning and goes to another room, leaving an open sefer, will forget his learning. They quote Cabbala sources which teach, that an angel named Shed (the first letters of Shomer Dafim or the one watching over the Torah pages), will become empowered and make the one who so behaves forget the Torah he has learned. (See question 2520 regarding covering the sefer)
Horav Shlomo Miller’s Shlit’a opinion is that if one is planing to return promptly to his learning, as when only exiting for attending the facilities or bringing a drink, one does not have to close the sefer/
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit’a
Q. One who fainted because he attended an outside lengthy ceremony under the sun and in the heath of the day and was taken on an ambulance to a hospital since he had very low blood pressure.
Be'H he was released some hours later after being tested with several electrocardiograms and blood tests, and found fine . Does he have to recite Birchas Hagomel?
A. Horav Shlomo Miller’s Shlit’a opinion is that, since he was found to be healthy, he does not have to recite Birchas Hagomel.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit’a
Q. After accepting Shabbos may one directly tell a Jew to do melacha (work) or only through hinting? I accepted Shabbos and afterwards someone wanted to borrow my phone. Can I tell them where it is and give them the password so they can use it?
A. On question 298 we wrote: 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.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit’a
Q. A person was hired to help out a minyan. He attended but did not daven with them. Most days they managed to have six mispallelim without him. They are only makpid to have six, not ten. On a few occasions it was only five mispallelim. he says that according to Rav Moshe you need ten mispallelim for tefilla btzibbur and since they are not makpid he refuses to daven with them but simply attends without davening and considers their minyan not to be tefilla btzibbur. Is he entitled to get paid?
A. As mentioned in the above (3232) question, when one is needed to complete the minyan, he should daven with the tzibur so they will be able to repeat the Amida, and recite Kedusha and Kadish, even if only six are davening now.
If he did not do so, not only he should return the fee collected, but he is also liable for the reciting of the brochos in vane.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit’a
Q. A yungerman who was previously makpid (careful) to always daven with asara mispallelim (ten attendants who have not prayed) as Rav Moshe (Feinstein zt'l) says and was now offered to join a Kollel where he will have to daven occasionally or maybe even often with only six, should he join or rather continue his previous practice?
A. Horav Shlomo Miller’s Shlit’a opinion is that if they can't find anyone else and the needed minyan will not survive, he can temporarily join them, until they find a replacement.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit’a
Q. Can a Gentile who accepted the seven mitzvot and accepted becoming a Ger Toshav keep Shabbat?
A. Ger Toshav is the term used to designate the legal status of a Gentile living in the Land of Israel who doesn't want to convert to Judaism but agrees to observe the Seven Noahide Mitzvos. Any Gentile who accepts the seven commandments and is careful to observe them is of the “pious of the nations of the world” and will have a portion in the World to Come.
Rashi, (Yevamos 48b) maintains that a resident alien or Ger Toshav is obliged to observe Shabbat. Tosafos (ibid. Zeh Ger) questions Rashi but maintains that asking a Ger Toshav to do work on Shabbos for the benefit of a Jew is a Biblical violation.
Ohr Sameach (H. Issurei Biah 14: 7) maintains that the obligation of a Ger Toshav to observe the Seven Mitzvos, differs from the rest of Bnai Noach and is similar to the keeping of them by the Jewish Nation. Ohel Mordechai quotes the Ponovicher Rov adding that since for Bnai Yisroel the desecration of Shabbos is tantamount to serving Avoda Zarah (Chulin 5a), so it is for a Ger Toshav, and therefore he has to observe Shabbos.
Mishna Berura (304: 1) rules that a Ger Toshav does not have to keep Shabbos.
There is a disagreement as to what constitutes and creates a Ger Toshav. Ritva (Makos 9a) maintains that he must accept the Seven Noahide laws before a rabbinical court of three. Rabbenu Nissim, (Avodah Zarah 67b), declares that the status of an unimmersed convert is inferior to that of a Ger Toshav because the former’s acceptance of the “yoke of the commandments” is intended to be binding only upon subsequent immersion.
Rambam (H. Avoda Zarah 10: 4) rules that he is given the right to abode in the land only after his acceptance of the Seven Mitzvos in front of a rabbinical court.
Horav Shlomo Miller's Shlit'a opinion is that the accepted view is that the Ger Toshav must accept the Seven Noahide laws before a rabbinical court of three in order to keep Shabbos. However, the Rov maintains that this type of acceptance does not apply in our days.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit’a
Q. My third question is: How far can this go? We know that when someone is going through the process of giyur, they are supposed to begin observing all of hilchos Shabbos, but still have to do one melacha or shvus privately each week until they finish their giyur. Is it possible for Bnai Noach who are very serious about Hashem and following the Sheva Mitzvos to voluntarily accept upon themselves to abstain from melacha on Shabbos, as long as they don't fully avoid doing melacha? Meaning, they would be m'chalel Shabbos at least once each Shabbos.
A. To avoid the prohibition of keeping Shabbos for a Gentile in the process of conversion, a number of suggestions have been proposed; such as wearing a Taalis in a street that has no Eiruv on Shabbos, or to do work immediately after the end of Shabbos, (Since in the Gentile’s day, the night follows the day). If we are to follow the reason for prohibiting a Gentile to keep Shabbos given by the Talmud (ibid.) that “they should not rest”, both the Rambam (Shabbos 21,1 ) and the Ramban (Beginning of p. Kedoishim) consider even a Rabbinic infringement of Shabbos (a shvus), as a breach in the Biblically ordained resting of Shabbos.
Horav Shlomo Miller’s Shlit”a opinion is indeed that it suffices to do a issur d’rabbonon.”
It must be mentioned, that even for someone who is learned and knowing of the Chalachos of Shabbos, may easily transgress them, if he does not constantly revise and review them, since they are numerous and complicated. Besides, in our technologically changing times, new items and processes are constantly appearing and they require further attention and learning.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit’a
Q. (Re- question above). My second question is: If that (above question) is OK, could they then accept upon themselves some restrictions. For example, it is popular today for people to do a "media fast" where they don't use their phones or computers. Would undertaking that kind of voluntary abstinence from technology in addition to honoring the Shabbat be OK?
A. On question 1752 regarding a non-Jew that was a very religious dedicated Catholic for many years (actually a priest) and then decided to convert to Judaism. He argues now that finally he saw the real truth. Can he be trusted that he has really abandoned his former strong beliefs, since he may even be deceiving himself, and besides he does not have a chezkas kashrus yet. We wrote: Horav Shlomo Miller’s opinion is that teshuva is open in principle to all, and the truth is to be found in the depths of the hearts of all human beings.
The Rov suggested that in this particular case the gerus candidate should be offered a priori the easier option of becoming a Ger Toshav, or a Noahide who keeps the seven mitzvos. If he is adamant and insists to becoming a full fledged Ger Tzedek, more preparatory time should be requested from the applicant. (some Batei Din as is have a five year waiting period).
The Rov added that a precise and clear expression of denial of his prior beliefs should also be requested by the Beis Din.
Since Noahides are considered 'Chasidei Umos Haolam' or the righteous among the nations, it stands to reason that they should be helped in their endeavour and undertaking. Since it is very difficult to observe any belief or faith based only on negative commandments such as the keeping of the Seven Noahide Mitzvos. It stands to reason that they should be encouraged on this partial resting of Shabbos.
However, they do have the positive mitzva of learning all about their mitzvos and tefilah as part of Emunah.
Horav Shlomo Miller's Shlit'a opinion is that depending on the case, in principle they could be encouraged in their partial enjoying and celebrating of Shabbos.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit’a
Q. Shalom Rav Bartfeld Shlita: One of the most contentious issues among Bnai Noach involves the observance of Shabbos. They are hearing extremely different views from various teachers. Some hear that they absolutely have to work on Saturday and are not allowed to take even one day off from working. On the other hand, some rabbis (basing themselves upon Biur Halacha 304) claim that a Ben Noach who has accepted the seven laws before a Beit Din is actually required to observe Shabbos like a Yid.
My question is to what degree may Bnai Noach (to be clear, not seeking Giyur) observe Shabbos?
Until now, I have been advising people that while they may not fully observe Shabbos as a Jew would in terms of avoiding melacha, it is probably OK for them to honor the Shabbos. This would mean that they could have special meals, light candles, dedicate more time for prayer and study, enjoying the company of friends, enjoying nature. etc.
So my first question is: Is that an acceptable m'halech for Bnai Noach?
A. On question 112 and 2741 we mentioned two Biblical reasons for prohibiting a Gentile keeping Shabbos. 'Firstly, the Talmud (Sanhedrin 58b) quotes as a source the verse (Bereishis 8,22): “Day and night they shall not cease (work)”. A second reason is found in the Midrash (Devarim ch. 1,23) that cites the verse; “Between me and Bnai Isroel, (Shabbos) is a sign forever” (Shemos 31,17). See also Talmud Beitzah 16a.'
Rabina (Sanhedrin ibid.) maintains that they are not allowed to rest any other day of the week.
Rambam (H. Melachim 10: 9) rules accordingly. He adds that the death penalty is not given by the Beis Din, however, they do exact other punishments. Rambam seems to opine that the reason for the severe punishment is due that he is seen as trying to create a new religion. The above would explain why other days of the week are included.
There are a number of other reasons given to why Shabbos does not apply to them. Some of them are:
1) Keddushas Levi explains that the nations would understand Hashem's existence from the incredible acts, wisdom and science needed for the Creation of the Universe. While the Jewish Nation see Him even in His actual acts of running the world. At times they seem very difficult to comprehend, such as all the wrongs and suffering, sickness, tragedies etc.. We actually survived with our belief in Him all persecutions, pogroms and even the Holocaust. Shabbos is above Creation.
2) Bas Ayin (Lech Lecha), mentions that our Sages teach (Brochos 7b) that Avraham Avinu was the first to call Hashem 'Adon' or the Sole Universal Master, negating all his own personal will, mind and desires. He completely subdued and annulled all of them, and replaced them with Hashem's will. Shabbos, the rest day, symbolizes the above.
3) Siach Sarfei Kodesh asserts that Shabbos represents a total and continuous holiness and devotion to Hashem, without any interruption at all, day and night. He paraphrases it in the verse "Mechaleleha Mos Yumas," the one who desecrates Shabbos will die. The word 'Chalal' implies a vacuum or empty space.
4) Bnei Yisosschor opines that Shabbos is Hashem's scepter. Only a son is permitted to hold the scepter of the father king.
Your suggestion that if they just have special meals, light candles, dedicate more time for prayer and study, enjoying the company of friends, enjoying nature. etc., but do not keep anything else of the many and complicated Halachos of Shabbos, would exonerate them from the penalty of keeping Shabbos, is correct. (See next questions).
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit’a
Q. One uses a set of still joined chopsticks as tongs to help him put on his Tefilin Shel Yad without touching his usually covered upper arm, and then having to wash that hand. Will those chopsticks become a Chefetz shel Kedusha (an object of holiness) and require proper geniza as other Tashmishei or serving objects to Tefilin do?
A. It should be mentioned that it is entirely possible to put on the hand Tefilin, without touching the arm at all.
Horav Shlomo Miller’s Shlit’a mentioned that he usually washes his hand after putting on the Tefilin. However, he maintains that if someone finds this difficult, then just rubbing the hand on his shirt or jacket to clean it is permissible.
The Rov maintains that the chopsticks do not become Tashmishei Kedusha, being similar to the shirt or jacket on them.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit’a
Q. Can one who is sleepy and tired take a Pep or stimulant pills during Shabbos?
A. Shemiras Shabbos K' (34: 31) quoting Minchas Yitzchok (3: 21) prohibits Pep or stimulant pills during Shabbos. (see also 39-Melochos 2 p. 497).
Horav Shlomo Miller's Shlit'a opinion is that they are permitted when needed.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a
Q. When I walk to shul in the morning, I say the Birchos Hashachar (morning blessings) while I walk. If I meet street workers or other Non-Jewish neighbors or just people, is it correct to interrupt the brochos and greet them?
A. Horav Shlomo Miller's Shlit'a opinion is that, if it is between one brocho and the next, it is not only permitted, but it is an actual desirable Kiddush Hashem.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a
Q. For someone who needs to take medicine every day, is it better to wait some time until it becomes necessary during Shabbos, or can he take it early when he still does not need is so much?
A. Horav Shlomo Miller's Shlit'a opinion is that if he hat to take those pills, it actually may be better to take them before, since at that time it may be only preventive and not a medical cure yet.
Rabbi A, Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a
A. Mishna Berura (328: 55- 56) seems to prohibit. However, some Poskim permit with a shinui or a change from the usual way to do it, when the water used is pure and does not contain any medical substances. The reason being is that it is not a cure but rather only a cleansing of the lower bowel. (Daas Torah (328: 49), Shemiras Shabbos K' 34: 11. permits even without a shinui. See similar in Piskei Teshuvos 328).
Horav Shlomo Miller's opinion is that it could be done when needed and only when using only clear water without any medical additives.
Rabbi A, Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a
Q. Re- question 3193 above, regarding a writer that writes and publishes constantly articles against Israel and its non-religious government, where Horav Miller suggested that it is better to avoid machlokes, to friendly convince him that since according to his believes the people of the shul are sinners, he should try to find a minyan that supports his views. We tried that but did not work since there are no other minyanim close enough for him to attend on Shabbos. Some suggested to ask him to stay in a back corner, would that be recommended?
I must stress, that our shul is not Mizrahi but rather more yeshivish, yet we can't stand that this fellow with his extreme anti-Israeli articles, is creating hate and antisemitism from our neighbors, and inviting dangerous violence.
A. Horav Shlomo Miller's Shlit'a opinion is to explain in a friendly way that since he considers himself to be a great chosid and tzadik, he should certainly avoid having others and himself talk Lashon Haraa. They should also stress that everyone cares for him since he is after all a chosid and a tzadik, and wish him Brocho Vehatzlocho.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a
Q. Re- question 3214. Are there any issues in pronouncing correctly both words Elokai Neshama?
A. Mishna Berura (46: 3) mentions that one should separate the pronunciation of the words Elokai and Neshama, so it does not sound as if his Neshama or soul, is chas veshalom his deity, which constitutes words of heresy and apostasy.
Horav Shlomo Miller’s Shlit”a stressed that often people discussing the Halacha of that brocho, are not careful in how it should be pronounced, and that should seriously be avoided.
However, the Rov added that since after all, if the name of Hashem is not said explicit, on such occasions, only Elokai is mentioned, there could be room to be lenient.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a
A. Ketzos Hashulchan (138: n.31) and other Poskim maintain that one suffering from insomnia or fatigue is permitted to take sleeping pills to stimulate sleep. He argues that it is not considered a 'Refuah" or healing, which would be prohibited on Shabbos, since lack of sleep is not in itself a sickness and the pills taken are not a cure
Rabbi A, Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a
Q. Due to the fear of the current contamination fears, many people who have guest for Shabbat avoid touching the challot with their hands when lifting them and cutting them for all. Since one has to place his two hands and the ten fingers on them and also lift them, can one do so using a thin paper napkin or is that a chatzitza (interposition)? What then should one do?
A. On some cases such as Tefilin or Bigdei Kehuna (clothing that Cohanim wear when they perform their service at the Beis Hamikdosh), water between them and the human body may be considered a chatzitza or interposition, since they actually may be required to touch the body. (Birkei Yosef O.H. 27: 8, Shaarei Teshuva O.H. 27: 5).
See also Chelkas Yaakov Y.D. 110, regarding a new born bechor that was delivered by using forceps if he is considered to be a Bechor.
Some Chassidic Rebbes have a tradition of lifting the challos by putting their hands under the tray holding them and since it is needed to hold them (some times there may be twelve challos) they are not considered a chatzitza.
See similar in regard to the utensils used for sprinkling the blood of the korbanos on Yom Kippur (Yuma 58a).
Horav Shlomo Miller's Shlit'a opinion is that if the napkin is needed, it is not considered an interposition.
Rabbi A, Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a
Q. I have seen at school performances, individuals put down "reserved" signs for their family.
More than once, I have then seen people remove those signs and put down their own "reserved" signs for their own family (!)
It seems deceitful and unbecoming, but is it in fact mutar?
Thank you very much.
A. Horav Shlomo Miller's Shlit'a opinion is that you have to consult with the organizers or the people in charge of the event and request from them to set the rules for reserving seats.
Request from them also that they should also publicize those rules with signs or similar, to avoid machlokes and disputes.
Rabbi A, Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a
Important Numbers
