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Friday, September 05, 2008 / 5 Elul 5768
Walking In The Door
By: Michael Winner

My daughter is really a girl.

I was always convinced that women started planning their weddings from the age of three. Since she went to her first wedding in the winter, I don’t think a day has gone by where she hasn’t spoken to us about her chasana. In fact, while she was “davening” the other morning, my wife overheard her say, “Baruch Atah Hashem Alokeinu Melech HaOlam Please Make Rochel Leah Kallah (bride) soon. Amen”

Of course, she already has the whole thing planned out. At different times, she has told us that she plans to take a helicopter to the chasana (one of the bonuses of living in Israel, is that your 2 ½ year old knows the difference between an Apache Attack Helicopter and a single-engine propeller plane… and that’s just by sound only). We’re also having hamburgers for the main course and my wife’s peanut-butter ice-cream pie for dessert. And yes, she’s even picked out the napkins. She’s going to wear a pink dress (of course), and it’s a question whether Bunny or Abba (me) will be her chosson (groom).

I never thought in my life that I would end up competing against a stuffed rabbit.

However, I must admit, I hope the rabbit wins.

Okay, on to Torah!

“And it will be as when he [a Jewish king] sits on his throne of royalty…” (Devarim 17:18)

Rav Mordechai Pragamantzky of Telz notes the importance of the wording of this pasuk. The Torah states, “as when he sits on his throne of royalty”, not just “when he sits”. This is to teach us that even if a king has been ruling for many decades, he should view himself as if he just became king (sitting on the throne represents acquiring it).

When a person acquires a position of leadership, at first his energy and devotion is strong, but then it slowly begins to wane. The pasuk is showing us the importance of keeping the momentum going.

This is even more true in regards to marriage and family life. When a husband or wife walks in the door after a long day of work, it’s important to view him or herself as royalty; as somebody who leads. A king never walks in and sits on his throne in a haggard manner. Before he walks in, he composes himself and acts with as much confidence as he can muster. So, too should a man or woman before walking into their homes. Their spouses and children look to them for strength and leadership, and as a parent, they have an obligation to act as one.
With that, I wish you all a great Shabbos!
Friday, August 29, 2008 / 28 Av 5768
Steady The Helm!
By: Michael Winner

I'm currently sitting in Rosh Pina, located in northern Israel (granted, this will be sent after I return). After some long "discussions", I gave in to my wife's "suggestion" to take them on a vacation, the first in our marriage. Given our schedules over the past... oh... long time, I was forced to admit that she was right and we should take two days and a night off. So, we hopped on the bus, and here we are!

After three hours of traveling in northern Israel, I have a confession to make: I really don't feel jealous of people who live outside of Eretz Yisroel.

Okay, on to Torah!

In the beginning of this week's parsha, Hashem gives us a "blessing and a curse". Of course, the real and straight forward reading of this pasuk is rather simple. The blessing comes if you keep the Torah, and the curse comes if you don't.

I would like to take a risk and offer my own personal insight. Perhaps its heresy, so don't take this too seriously, less your soul be burned.

I propose that this "blessing and a curse", BOTH refer to the Torah. Being Torah can be a blessing or a curse.

A friend of mine, Yehuda Schmidt, was once asked by a single friend of his wife's, why she had such a hard time getting married. She was looking for a good guy who was going to start off their marriage in learning for a few years and then eventually go to work. Unfortunately, many of the boys she was set up with were seriously lacking in proper middos (character traits), despite the fact that they were learning full time. Since Torah is supposed to make you grow, how is it there were people out there learning it, but not growing?

Yehuda explained that Torah is like fertilizer. It will help anything grow, whether it is a flower or a weed. When a person involves himself with Torah, it makes him grow. However, he must set the direction. If a person is learning for the sake of social pressures or some other not so proper reason, he will grow, but not in the proper direction. If a person is working on himself at the same time as his learning, then his growth will be exceptionally positive.

Of course, there lies the curse. If you are not careful in maintaining your course throughout your journey, even by a small degree, you can veer off completely.

To appreciate the magnitude of this, picture yourself on the equator, facing due east. If you start travelling straight, without any variation, you will eventually come to the same place you left off, no matter how many times you circle the globe. However, if you deviate to the north, by just half a degree, the more power you have in your movement, the farther off course you will go. If you continue to “grow” on this deviated course, then you will eventually end up at the North Pole.

The more a person involves himself with learning, the more power he has in his growth. That is guaranteed. However, the direction he goes is completely in his hands. So as captain of your ship, you better make sure you have a good navigator in the form of a rabbi and that you keep a steady hand on the helm.

With that I wish you a great Shabbos!
Wednesday, August 20, 2008 / 19 Av 5768
Final E-mail
By: Dr. Chaim Levsky

We have completed our journey through a few practical aspects of monetary law. I hope that this has been informative for you all as it surely has been for me.

Most people look at Choshen Mishpat (the section of Shulchan Aruch on monetary law) as a closed book, but this brief series should demonstrate that it has much to offer us every day. For further review, I suggest the "more accessible" Kitzur/Abbreviated Shulchan Aruch (R. Ganzfreid, Hungary, 1804-86, available in linear english translation), which has brief sections on the areas we have learned. For laws of stealing see chapter 182, for timely payment see 185:2-4, and for laws of hashavas aveida, see 187.

Rav Matisyahu Salomon (current day luminary in Torah philosophy and mussar, Lakewood, NJ) in his foreword to Rabbi Bodner's book, explains the central importance of monetary halacha quite pointedly. He says that the Torah juxtaposes the description of our war with Amalek and the use of just weights and measures (Devarim 25) to teach a critical lesson. As Rashi notes, if we cheat with money we need to be afraid of our mortal enemies. Why is this so? When we violate monetary law this undermines our very faith in G-d. We are supposed to rely on G-d to provide our sustenance. When we cheat we are saying that we can't trust Him and thus need to grab anything we can get ourselves. To quote Rav Salomon, "Cheating in business means: I don't listen to the Torah... I don't allow myself to be guided by Hashem yisborach/G-d." As a result, G-d responds in kind and shows us what it is like to live without His protection, as it were. The tragic results are war, torture, suffering and terror.

May this small effort be the start of increased awareness and care in our monetary interactions. Through this may we improve not only our performance of mitzvos bein adam l'chaveiro / interpersonal commandments but also achieve a greater sense of emunah/trust in G-d. In this merit may we all see the coming of Moshiach / the Messiah in our days. Amen.
Monday, August 18, 2008 / 17 Av 5768
Review of the Laws of Timely Payment of Wages
By: Dr. Chaim Levsky

Now we will provide a whirlwind review of the second major topic in the book, bal tolin - timely payment of wages.

We discussed how there are six Torah mitzvos involved in timely payment, a very poorly studied area of halacha. Bal tolin applies to almost any kind of Jewish worker - man, woman or child - including salaried help, professionals and contractors. We learned that a day laborer must be paid before sunset and a night worker must be paid before sunrise.

We mentioned the guiding principle that the industry or business expectation dictates the ground rules for payment. In most cases, bal tolin does not apply until a request for payment is made. When payment is only expected later there is no current prohibition. When there is a payment schedule (like a rent due date) there can be a transgression of bal tolin on each payment day even without a request for payment.

We learned that bal tolin applies to situations when payment comes after service. It applies to work done by contractors but does not generally apply when merchandise is being bought. It also applies to rental fees for equipment or items and may apply to renting land.

We learned that bal tolin does not apply when the employer is out of money. We discussed the duty of employers in arranging payment as well as the law when a 3rd party (intermediary) is involved in the hiring.

We discussed some specifics regarding complete payment and forms of payment. We also outlined tips to avoid bal tolin including advance payment, agreeing on a price up front and always having money on hand at pay time.
Thursday, August 14, 2008 / 13 Av 5768
Appreciating All That You Have
By: Michael Winner

We’ve just start bein hazmanim, a three week break from the normal yeshiva and school schedule. Combine with extra hot weather with no air conditioning, and you get: lots of fun!

Sounds like a nice break, no?

This morning, Rochel Leah woke up early and started to moan and cry. My wife called her into her room and asked her if she’s having problems sleeping. Rochel Leah replied, “I’m stressed and can’t sleep”.

Lessons to mothers: children pick up everything.

On a separate note, I would like to put in a free plug for Rabbi Gershon Seif.
I’m one of those many people out there who can’t stand today’s Jewish music, which is neither Jewish nor music. So, with the exception of two CDs of Chassidish songs, I haven’t bought music in years. Thankfully, Rabbi Sief has composed, played, and sung his own songs and have them up on his website, free of charge. If he knew that I was writing this, he would probably want me to warn you that they still need “cleaning up”, however, in my humble opinion, you can hardly tell. My personal favourite right now is his “Od Yishama”, which is a nice English/Hebrew song. His site is: http://www.motagator.net/gershon_seif/blog.php . So, sit back, download, and relax!

Now on to Torah!

“If you beget children and grandchildren and become old in the land, and become corrupt and make an idol, the image of anything, and you do what is evil in the eyes of the Almighty, your G-d, to anger him…” (Devarim 4:25)

Rav Zelig Pliskin quoted an interesting thing he heard from Rav Chayim Zaichyck.

Rav Zaichyck asks, if a person merits having children and grandchildren, why does this lead to him becoming corrupt and doing evil? If anything, won’t a person have a deep sense of gratitude to Hashem for everything that he has been given?

The answer, says Rav Zaichyck, is in the words “becoming old”. When something in a person’s life becomes old, being he is accustomed to having it, he no longer appreciates it. Taking things for granted can occur in all forms, whether one’s spouse, children, health, career, material possessions, etc…

When something is taken for granted, he no longer enjoys it. When he no longer enjoys it, he cannot express his gratitude for having it. Of course, things spiral downwards from there.

Thank G-d we’ve all been given many good things in life. And of course, there are many things in life we still need or want.

Perhaps, by constantly expressing our gratitude to Hashem for the things we already have, coupled with taking nothing for granted; Hashem will continue to bestow upon us further blessings.

Have a great Shabbos!
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Review of Laws of Stealing
By: Dr. Chaim Levsky

Having reviewed the last major area of Rabbi Bodner's book our series is drawing to an end. We will provide a brief review of the first two sections of the book and then conclude. Let's start with laws of stealing.

We opened with the surprising prevalence of theft and the general lack of knowledge in the area of monetary halacha. We learned about three major categories of stealing - geneiva (secretive), gezeila (open) and oshek (refusal to pay).

We learned that halachic stealing applies to many circumstances that are not intuitive, such as an insignificant amount and stealing as a joke and to teach the victim a lesson. Stealing applies to some victims one might not think of, such as children, family members, institutions / corporations, and the government.

We learned about how one may not steal from non-Jews and about prohibitions and warnings against deceiving them or capitalizing on their mistakes.

We covered topics regarding incomplete payment of debts, bankruptcy, defaulting on loans, and failure to pay rent. We mentioned the concept of stealing land, especially as regards parking violations. We discussed using office materials and equipment. We included the prohibition of cutting in line.

We learned about the general prohibition against borrowing without permission as well as the exception for cases of emergency. We covered associated prohibitions like using unfair weights and measures, incorrect bargaining tactics and coveting.

We learned about the prohibitions against buying stolen goods and abetting thieves. We discussed aspects of returning stolen goods and a course of action for when one does not know from whom he/she has stolen. We also learned how pardoning theft erases the wrong.
Wednesday, August 13, 2008 / 12 Av 5768
Schematic Review: Locale of the Item
By: Dr. Chaim Levsky

Having presented some of the laws of hashavas aveida and a few cases it is time for a simplified schematic review. Of course, not all contingencies can be covered, but it is useful for the general approach to a lost item.

When an item is encountered, first one must determine whether it is really lost. If it is in a protected area it is not considered lost at all and it should be left in place. If it is (1) in an unprotected place or (2) in a semi-protected place AND returnable then it is considered "lost".

The location of the find determines who can keep it or who must return it. In public places the finder must do this. In private places the property owner is responsible.

If the local area is frequented by mostly non-Jews there is no obligation to return an item even if it is identified as belonging to a Jew. It is "upright and good" return an item that is identified as a Jew's. Specific circumstances require or support returning a non-Jew's item.

In a Jewish area, of course, returnable items must be advertised and returned if they have minimal worth. If there is no siman to use to return the item it can only be kept when there is reasonable evidence that the owner has given up hope of retrieving it. If there is no such proof, the item must be kept until Eliyahu comes and reveals the owner. One may use an unclaimed item like this after recording it in a log with a plan to pay back the owner when determined.

A lost item in your possession must be guarded and maintained. It may not be returned without the owner providing evidence of ownership (a siman). If the claimant's character is suspect, a reference check should be done before returning the item.





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