Q. On a question 3122 above regarding swallowing pills for someone who has to take them during Pesach that may contain Kitniyos, you answered that it is not permitted.
I don't understand isn't any deviation of the normal way of doing a mitzva or an avera,(sin) a shinui (change) that removes the Biblical prohibition?
A. As we wrote, in principle one who eats prohibited foods in an unnatural or unusual way, will not transgress a Biblical law, (Pesachim 24b, Rambam -Yesodei Harorah 5: 8, Mishne Lemelech idid.).
However, swallowing without chewing is not considered an unusual way. (Nodah Beyehuda Y.D 1: 35, Chelkas Yoav - Y.D. 9 - unless the food is very hot). This opinion followed by many Poskim.
Nevertheless, Toras Chaim (Chulin, 120b) does permit. See also Minchas Shlomo (1; 17).
Rabbi A. Bartfeld as advised by Horav Aharon Miller Shlit'a
Q. What should one do if one forgets to light an Izkor candle for parents as he always lights?
A. On question 2942 regarding If someone forgot to kindle a Yohrzait candle on that day for a father or mother, what is the correct thing to do, we wrote: 'If one forgot to kindle a Yorzait candle on that day for a father or mother, Yehuda Yaale (Y.D. 315) rules that he should donate the value of the light for tzedaka.
Horav Shlomo Miller’s Shlit’a opinion is that he should light a candle the day he remembers. Lighting the candle in the morning is also after the fact acceptable.'
However, regarding Izkor candles or Yohrtzait candles to be lit on Yom Tov itself, Poskim disagree if it is permitted or no. Kitzur Shulchan Aruch 98: 1, prohibits lighting a Yohrzait candle during Yom Tov.
Horav Aharon Miller mentioned that Horav Shlomo would be particular to also light the Izkor candles before the beginning of the first day of Yom Tov.
He quoted that nevertheless, Biur Halocho (514 d'h Ner) permits to light a Yohrzait candle in need inside the room one eats on Yom Tov as it adds more brightness and it becomes a needed light. Still, Biur Halocho recommends to light it in shul for the honor of his parents. (See also Tzitz Eliezer 6: 10, Arugas Habossem 110 and others).
Rabbi A. Bartfeld as advised by Horav Aharon Miller Shlit'a
Q. During one of the days of Pesach I had left over a large piece of Shmura Matza from a meat meal; Next day I wondered if I could eat for breakfast cheese with the leftover Matza. Is that permitted?
A. Shulchan Aruch (Y.D. 89: 4) rules that one should not use the same bread that was used for meat, when eating milk products or vice-versa. Poskim permit when one was careful to place only some slices of bread on the table and separated the remaining ones. (ibid. 91: 4, see also Igros Moshe Y.D. 1: 38).
It is reasonable that the same limitations would apply to matza.
Rabbi A. Bartfeld as advised by Horav Aharon Miller Shlit'a
Q. In 2017 my optometrist, saw a hole in my left retina, and was able to book me in fast, to see a Retinologist, who in turn was able to seal the hole in my retina by laser on that very same day. Failure to act promptly to a torn retina often results in irreversible blindness.
Now I have been found with a thinning in the retina, it's getting ready to become a hole; I have been booked again, however it turned out to be on the 2nd day of Shavuot. The appointments cannot be delayed without greatly increasing the risk.
My Main Question is: Is the risk of loosing the eyesight of one eye considered to be a life-threatening issue that permits to travel to the hospital on Yom Tov (second day) and having done that operation. (The doctors are not Jewish). Could this have been done on the first day of Yom Tov?
A. Shulchan Aruch (O.H. 328: 9) rules that illness of the eyes is treated as a life threatening disease and in need one can desecrate Shabbos as medically required to save the eye. Certainly in your case it would be permitted to travel to the hospital for the necessary eye saving operation.
Please contact Bikur Cholim, as the will advise you how to contract Uber and get the necessary transportation that does not need to be paid on Yom Tov. It is proffered that when possible you should stay in the hospital until the end of Yom Tov.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a
Q. Someone who has to take pills during Pesach that may contain Kitniyos (grain products that are not true chometz, but Ashkenazim prohibit). Should he preferably place his pill on a glass with water and then just swallow the pill with the water, lifting his head and ingesting it directly to his throat? Will he avoid the issue of consuming Kitniyos?
A. Some who tried the above mentioned method mentioned that it does not necessarily work, since the pills often get stuck to the cup.
Most important however is that, although the Talmud (Pesachim 115b) does mention that when swallowing Maror one does not comply with the mitzva, since we require feeling the flavor of the bitter herbs while chewing them to be considered eating. However, regarding Matza or the many prohibited foods, swallowing is just as prohibited. (See Rambam and Mishne Lemelech - Maacholos Assurim 14: 12).
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a
Q. After a woman gives birth, does she bench Hagomel or can her husband say Hagomel for her.
A. On question 610 we wrote: Shulchan Oruch (O.H. 223: 1) rules that when a son is born one recites Hatov Vehametiv. For a daughter Mishna Berura (ibid.) suggests to recite shehecheyanu.
Some have the minhag to recite hagomel after one’s wife gives birth or when the yoledes attends shul for the first time. (Mishna Berura 219: 17).
Even when the case warrants reciting Hagomel, if women recite this brocho is debatable, since it has to be said in the presence of a minyan of men. Sephardic women in general do. (Birkei Yosef 219: 2, Kaf Hachaim ibid. 3, Ben Ish Chai – P. Eikev 8, et. al.).
Ashkenazim however, differ in their minhagim, but mostly don’t. (Piskei Teshuvos 219: 10). In regards to a woman giving birth or after one’s wife gives birth, when the yoledes attends shul for the first time, some have the minhag that the husband recites Hagomel and has her in mind (Mishna Berura 219: 17 – see question 610).
Horav Shlomo Miller’s Shlit’a opinion is that usually women don’t recite this brocho in chutz laaretz and it suffices if they come to shul and recite with kavanah a Tehilim Mizmor of praise and thanks to Hashem.
Rabbi A. Bartfeld as advised by Horav Aharon Miller Shlit'a
Q. Our grandfather is living at an old age care facility due to his sensitive health status. We, his grandchildren take turns to visit him and a this time count Sefiras Haomer with him. But sometimes he barely repeats some of the words, does this count? Should we avoid saying a brocho?
A. On question 782 regarding someone counting for a chole who can't speak, but is aware and just moves his lips, if he is yotze, we wrote: Shulchan Aruch (O.H. 489 :1) rules that it is a mitzvah for each individual to count sefiras haomer for himself. Mishna Berura (ibid. 5) explains that although from the verse “usfartem lachem” (You shall count for yourselves) it would seem that sefira is different from any other mitzvah of speech, such as kidush or havdala, where we uphold that listening to others is tantamount to saying oneself, (shomea keone) however, some Poskim opine that they are the same and after the fact you comply just by listening. In Biur Halocho (ibid.) quoting the Pri Megodim, he rules that even after the fact, it is better to repeat the sefira by himself without a brocho.
As far as the brocho is concerned, Poskim agree that as in any other brocho, we say shomea keone. Ma'ase Rav quotes Hagra who instituted that on the onset when praying with a minyan, one should recite the blessing for all present; subsequently each individual should count for himself.
Horav Shlomo Miller's Shlit”a opinion is that in the case of a frail and weak patient you can certainly be lenient and count for him even if he is unable to move his lips. When he recovers he can continue to count with a brocho. Obviously both have to have the intention of complying with the mitzva.
Horav Aharon Miller Shlit'a added that the grandchild visiting his ailing grandfather, should on that night is possible wait to count together with his grandfather, so he will not recite a questionable brocho.
Rabbi A. Bartfeld as advised by Horav Aharon Miller Shlit'a
Rabbi A. Bartfeld as advised by Horav Aharon Miller Shlit'a
Q. We daven in our shul Maariv early after Plag and don't count sefirah then as it is too early. I join later on a Zoom Daf and I'm trying to convince them to count at the end of the shiur, when it is already certainly night, to count Sefirah together. Is that correct?
A. It would stand to reason that it is correct, so the participants will remember to count. Besides Poskim write that on the onset it is better to count Sefiras Haomer together with a Tzibur and Rov Am or congregation (Shloh Hakadosh - Pesachim - P. Ner Mitzva, Beer Heitev 489: 20, Siddur Yaavetz and others.
Although a Zoom group does not create a minyan and one does not even have to answer amen to a brocho recited by that media, for some purposes such as a Seudas Mitzva and a siyum it is effective (See question 2721).
Horav Aharon Miller's Shlit'a opinion is that it can have the effect of davening at home without a minyan, but at the same time that others are also davening which is preferred. (See Shulchan Aruch O.H. 90: 9).
Rabbi A. Bartfeld as advised by Horav Aharon Miller Shlit'a
Q. On the last question, (3117 - when one mentions during the day the Sefira count without any intention to comply with the mitzva), if he also omitted the count of the weeks, will he still be yotze?
A. Hisorerus Teshuva (2: 93) rules that he complies. Horav Aharon Miller's Shlit'a opinion is similar
Rabbi A. Bartfeld as advised by Horav Aharon Miller Shlit'a
Q. If I forgot to count sefiras Haomer on the second night, but during the day I commented to my friend how bad my memory is since already on the very second day I lost it. Now since I did mention that it was the second day, although I didn't have any intention to be yoitzeh (comply), can I still continue to count with a brocho?
A. Yabia Haomer (4: 43), Zichron Yehuda (146) and others maintain that even just writing during the day in a letter or document the date of the sefira suffices, since this mitzva is only Rabbinical and one complies without intention. (See also Pischei Teshuva 489: n. 102).
Horav Aharon Miller's Shlit'a opinion is that he has to mention that this is that day (as in today is the second day) to be yotze.
Rabbi A. Bartfeld as advised by Horav Aharon Miller Shlit'a
Q. I always wondered why do some people store a piece of the affikomen and keep it after Pesach, since the affikomen is symbolic to the Korban Pesach, should it not be completely consumed during that night?
A. Rashbam (Pesachim 119b) maintains that the reason for 'Ein Maftirin Achar Hapesach Afikomen,' that we don't eat any food after consuming the Afikomen, is to keep the flavor of the matza eaten with the Korban Pesach. However, Rosh (34) and Shulchan Aruch (O.H. 477) assert that the Afikomen is to remember the Korban Pesach itself, and therefore none of it should not be left over until the morning, as it was with the Korban Pesach itself.
However, Kaf Hachaim (ibid.) would recommend that people traveling by boat and in danger of storms, should throw into the raging seas a piece of the leftover Afikomen. While Orchos Chaim advised individuals afraid of being robbed by pickpockets, to keep next to their wallets an Afikomen portion. They quote that the Rashei Tevos (acronym) of Matza stands for 'Mikol Tzara Hatzilenu' (save us from all calamities and suffering). It was not uncommon by Chassidic Rebbes to administer a piece of the Afikomen to severely ill patients, as told by the Chassidim of the Tzadik of Raddovich zt'l.
Therefore, it is not unusual for some families to keep a piece of the Afikomen, that is sometimes even exposed as a decoration piece. (A Zohar is quoted, comparing the Afikomen to the protection given by a Mezuza). These individuals maintain that the limits to be kept by the symbolic relationship of the Afikomen to the Korban Pesach, apply basically to the eating issues.
Horav Shlomo Miller's Shlit'a opinion is that one should keep the minhogim and traditions of his family and congregation.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a
Q. I am sharing an apartment with someone that has corona in separate rooms. very late at night there was a lady nurse that came in to see him so it was two men and a lady at night. what should I do?
A. Remah (E. H. 22: 5) rules that two men are permitted to seclude themselves with one woman. This applies especially when it involves a Gentile woman, since then yichud according to many Poskim is only Rabbinical (Avoda Zarah 26a). Therefore while the nurse visits, the door between the rooms should be kept open, and if possible the door to the outside or staircase also, as well as a window to the street, if there are still some passers-by.
It is very recommended that a recording security camera should be installed.
We wrote on question 828: 'Horav Nissim Karelitz Shlit”a (quoted in Moriah-Elul 5771 p.146) maintains that security cameras are to be regarded as an open door to the street in regards to the yichud prohibition, which the Noda Beyihuda (E.H. 71) permits. He mentions that they do not have to be scrutinized on real time, as long as there is a possibility that the tape (or digital recording) could later be seen, and it is an effective deterrent.'
On question 2809 we wrote: 'Asking a friend that is close by, to call on you is certainly beneficial, when he can have actual access at his will. See similar question 1688 where we wrote; “The home door should be left unlocked or the meeting should take place in a room with an uncovered window facing the street.
Horav Shlomo Miller Shlit’a has advised on similar situations to take your cell phone with you and leave it with the camera on facing you, while a friend is checking on you.'
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a
Q. I learned in Bais Yaakov of the importance of the Shira and how when said with joy it redeems all sins. Does that apply to women also? What if due to the necessary dedication to my children. I can't daven Shacharis can or should I at least say the Shirah?
A. Indeed when properly said and with the true joy of someone having just crossed the sea and saved his own life and the life of his dear ones, the Shira gains forgiveness for all the sins committed, as Mishna Berurah (51: 17) quotes from the Zohar.
Historically women sang the Shira as mentioned in Parshas Beshalach (15: 20,21) 'Miriam, the prophetess, Aaron's sister, took a timbrel in her hand, and all the women came out after her with timbrels and with dances. And Miriam called out to them, Sing to Hashem.'
Horav Aharon Miller Shlit'a mentioned that although women are obliged to recite some tefilos every morning, but not the Shira. However, if recited properly it will atone all sins, as it does for men
Rabbi A. Bartfeld as advised by Horav Aharon Miller Shlit'a
Q. The background of our family is Chasisdic and there was a minhag in the 'Alter Heim' (the old country) that the Chassidim would during Sehvii Shel Pesach pour some water on the floor and then Rebbe would dance back and forth on the water puddle, while the Chassidim sang the Shira.
When we told our children about this beautiful minhag, they decided that they want to do the same. Since our home with pools is in Miami, we were wondering if it is possible for them to do so on a very shallow children's pool during Shabbos or Yom Tov. while the parents sing the Shira, being careful with all different prohibitions such as washing or wetting the grass, and being properly dressed etc.
Is it Permitted? is it recommended?
A. Darkei Chaim Vesholom (618) quotes that tradition by the Munkatcher Rebbe. Halachos and Minhagim (46: 15) mentions that some Rebbes would indeed follow a similar tradition during the 'Tish' (or meal celebration) of the night of Shevii Shel Pesach.
See question 2262 regarding submerging in a lake on Shabbos for tevila in a mikva purposes.
Horav Aharon Miller's Shlit'a opinion is that there are various other issues involved that need further clarification.
Rabbi A. Bartfeld as advised by Horav Aharon Miller Shlit'a
Q. If I have an option to daven Maariv at an early minyan and count sefira then which is already after an accepted Zeman, or to daven later and count after Rabbenu Ta'am Zeman, that I usually keep on Motzei Shabbos, or should I better daven early because of Zerizim Makdimim?
A. Horav Shlomo Miller's Shlit'a opinion as quoted by Horav Aharon Shlit'a is that it is better to count early and not wait until Rabbenu Ta'am's time. which is a stringency.
Rabbi A. Bartfeld as advised by Horav Aharon Miller Shlit'a
Q. When one wishes to leave in the middle of davening to go to another shul when they need help with the minyan, what is the earliest one may leave? May one leave after completing the quiet SE, if necessary to arrive to the other shul on time.
A. On a similar question 2082 regarding if one can leave a minyan to go to another shul where they struggle to complete a minyan and one was asked to come and help. We mentioned that the Mishna Berura (55) rules not to leave shul until the end of davening, unless one heard all the Kaddeishim until Aleinu.
Horav Shlomo Miller's Shlit'a opinion is similar and one is permitted to leave after Aleinu and all the Kadeishim until then were recited, to go and complete another minyan. The Rov added that it is sufficient if you tell even one person before you exit the reason why you are leaving early"
However, when needed for completing a minyan, the Rov's opinion is that if a minyan remains in the shul he is leaving, he is allowed to go.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a
Q. I have list of cholim whose names I insert in Shmone Esrei.. How often do I need to ask if the people should still be on the list? What if I can't contact the person who gave me the name? Are there any criteria for adding someone's name to the list?
I thank the Rabbi for his time.
A. Usually shuls that recite a Mi Sheberach for the ill, either during the Torah reading, or after saying a chapter of Tehilim after davening daily, have an established tradition of renewing the list of the ill on a weekly, by-weekly or even a monthly basis.
The people requesting the service, usually know when they need renew and reapply again
You may also tell the people that ask you to pray on their behalf, the period that b'n you are planning to daven for them.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a
Q. I have a Chassidic friend that keeps in his home almost in every room a luach (calendar) of Sefiras Haomer to remind him and his children to count Sefira. Whenever he goes by any one of them, he counts again the Sefira of that day, without a brocho. Is that correct? Why is he not transgressing on the prohibition of Baal Tosif or adding to the mitzvos?
A. On question 2178 regarding why in some shuls it is customary that the rabbi or the gabbai, at the end of Shacharis recite without a bracha the sefira of that day. Is this not a case of b’al tosif or prohibited adding to a mitzva, according to those that maintain the mitzva is complied only at night, and thus should be avoided?
To what we answered: Kaf Hachaim (489: 80) writes that it is a proper tradition, that every morning before or after shacharis, the shaliach tzibur should mention the count of the omer; in case someone forgot to count on the prior night.
Minchas Yitzchok (6: 45) quoting several great Chassidic authorities, relates that these Tzadikim would mention many times every day, the omer number of that day. Thus giving a different perspective to the meaning of “Temimos” or complete days. Moadim Uzemanim (7: 230) debates whether Hagr’a would maintain that you comply with the mitzva every time the count is repeated, as he maintains on eating repetitive kezais of matza during the days of Pesach.
Poskim maintain that there’s usually no prohibition of b’al tosif when repeating a mitzva several times. Tosafos Rosh Hashana 16b in reference to blowing additional times the shofar on Rosh Hashana or holding the lulav several times a day in Sukos. Turei Even disagrees (ibid.)
Igrois Moshe (O.H. 2: 60) debates if there is a prohibition of b’al tosif when davening maariv before the z’man, if one recites the shema too early with the intent to fulfill the mitzva. He therefore stresses one should have intent not to fulfill the mitzva at that time. He also argues that Shema is essentially a part of Torah learning and there’s no prohibition to learn Torah multiple times.
(See Chavos Daas – Beis Hasofek, Safek Safeka: 20, opines, that repeating Shema twice, even within the obligated time is prohibited).
The Sephardic minhag to repeat sefiras haomer in the mornings (Yalkut Yosef 489: 25).
However, Teshuvos Vehanhagos (O.H. 1: 312, 2: 247) indeed writes that the reason (Ashkenazim) do not usually repeat the sefira in the mornings is because, as some Poskim maintain, there may not be a mitzva complied with during the day. Therefore, if one does not have in mind that his counting is conditional to there being a mitzva involved, he would transgress in the prohibition of b’al tosif. He adds that not all people are mindful of having in mind this condition. Rivevos Efraim 1:331 writes that in fact this difference of minhagim appears in the Maharshal (end of Bava Kama n. 44) that in Israel they would count after Shacharit each day but in Bavel they wouldn't.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a
Q. The Johnson & Johnson Coronavirus vaccine is about to become available in some locations. Since it relies on the use of material derived from human fetal tissue, which is prohibited, since one may not derive benefit from the dead, can one use it?
A. Interestingly Non Jewish religious conservatives tend to avoid them, since they use material derived from human fetal tissue -- something they have spent years fighting against their use.
While Pfizer and Moderna used these cells during preliminary laboratory testing months ago, Johnson & Johnson's vaccine uses the cells as part of its existing manufacturing process -- raising especial "moral concerns," for conservative Catholic leaders. (ABC News - March 3/ 21).
On question 2895 regarding the selling of places in a columbarium for storing the cremation ashes of the Gentile dead, we wrote: Poskim disagree if the cadavers of Gentiles are included on the prohibition of deriving benefit from the dead. Shulchan Aruch (Y. D. 349: 1) rules that they are, however, Hagr’a quotes Rashba and Tosafot that they are excluded from the prohibition. Pischei Teshuva (ibid. 1) cites opinions that they are only Rabbinicaly prohibited. (See also question 1008 regarding a male member transplant from a non-Jewish uncircumcised cadaver source).
Horav Shlomo Miller's Shlit'a opinion is that since the cells although of human origin, have certainly undergone extensive physical changes and reactions. until they can be implemented in the finished vaccine, it may not be considered anymore from the Halacha point of view as human material. The above may be similar to the permit of the Achiezer on consuming gelatin from non-kosher animals or using a similar type of soap.
Therefore the Rov maintains that one can in need be lenient and use the vaccine.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a
Q. This Shabbos Erev Pesach, we will be eating our chometz chales on Friday night and Shabbos morning at our back porch. We plan to eat the meal inside at the already cleaned and ready for Pesach dinning room and eating Pesach food. What is the proper way of saying kiddush bemokom seuda (reciting Kiddush at the place where one eats) in such a scenario?
A. Shulchan Aruch rules that if from the place you recite Kiddush you can see the place where yo eat bread and it is in one house (adjacent porch included), it is considered 'Bemakom Seuda.'
On the Friday - Leil Shabbos Seuda, you may also want to place at least two candles at a spot where they can be seen from where the Kiddush and the Hamotzi are recited.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit'a
Important Numbers
