MISC section - contents:
[1] Vebbe Rebbe
[2] Touch of Wisdom; Touch of Wit
[3] Candle by Day
[4] MicroUlpan
[5] From Aloh Naaleh
[6] Torah Tidbits this 'n that
[7] Torah from Nature
[8] From the desk of the director
[1] From the virtual desk of the OU VEBBE REBBE
The Orthodox Union – via its website – fields questions of all types in areas of
kashrut, Jewish law and values. Some of them are answered by Eretz Hemdah, the
Institute for Advanced Jewish Studies, Jerusalem, headed by Rav Yosef Carmel and
Rav Moshe Ehrenreich, founded by HaRav Shaul Yisraeli zt"l, to prepare rabbanim
and dayanim to serve the National Religious community in Israel and abroad. Ask
the Rabbi is a joint venture of the OU, Yerushalayim Network, Eretz Hemdah...
and the Israel Center. The following is a Q&A from Eretz Hemdah...
Q Our daughter was accepted to a seminary, and we paid $1500 as
a non-refundable registration fee to hold a spot. She decided to attend a
different institution. When we informed the first seminary, they refused to
return the money. Given that another girl has already replaced our daughter, do
they have the right to retain the money?
A We wish you in advance nachas from your daughter's spiritual
gains during her studies in whatever fine institution she will attend. The
willing- ness of people like you to part with their children for a while and
spend much hard-earned money has revolutionized our community. We will address
both the halachic and moral elements of the question, as Torah institutions
should conform to both. We will start with institutions' rationale for this
common policy, which is important for both aspects. (We cannot say anything
authoritative without hearing both sides' claims in Beit Din.)
Firstly, these institutions incur heavy expenses well before students arrive.
This includes transportation for recruitment teams and tens of hours of
administrative work to name just a couple of costs which reach tens of thousands
of dollars. It is logical that applicants defray costs and that those who
complete the process pay more. But $1,500 seems too much for defraying costs.
The main logic of the payment's non- refundable nature is
preventative. Often institutions will have fewer students (and less money to pay
expenses) if students can freely change their minds. A student's change of
decision can have a domino effect on her friends, which can severely damage an
institution. Even if they can be replaced numerically, in the meantime, the top
wait-listed students usually commit elsewhere. Replacing a few top students with
others who are marginally suitable can affect the character of a school's
student body and its reputation in the short and even the long term.
The fact that the money is non-refundable also puts the student
and parents in a mind-set of certainty about their choice. Then, like an engaged
couple, one does not consider changing her mind, unless a serious mistake
surfaces. This mind-set usually benefits all. Students remain positive, and
seminaries can hire a staff that suits the incoming student body. While $1,500
sounds like a lot (and might be a little high), if it were much lower it would
not sufficiently deter cancellation.
Now we can examine the halachic issues. You hired a seminary to
teach your daughter. Usually, an employer can break an employment agreement,
even if a kinyan was done on it, without paying the salary, if the worker can
find alternative employment, i.e. another student (Shulchan Aruch, CM 333:2; see
Pitchei Choshen III,10:7). However, there is a rule that conditions made to
change standard financial arrangements are binding (Ketubot 56a). You tacitly
agreed to the stipulation of non-refund- able payment and made the agreement
final by transferring the money unconditionally.
Your only claim is asmachta, that an exaggerated obligation that one accepted
because he did not think it would come to fruition is not binding (Choshen
Mishpat 207). However, the Shulchan Aruch (ad loc.:11) says that if one already
gave money as a guarantee, he cannot demand it back. Although the Rama (ad loc.)
argues, one cannot extract money from a muchzak when there is a serious
contending position. The seminary may have additional claims to justify their
position (see ibid.:16, regarding penalty clauses to prevent damage and Tosafot,
Bava Metzia 66a regarding accepted practices). To shorten and over-simplify a
complicated matter, it does not appear, based on what we know, that you can
halachically demand the money back.
Just as it is a mitzva for you to see the seminary's side of the
matter, so it is for them to see your side. If you can convince them that: 1)
you were confident your daughter would attend; 2) something arose to turn that
into a wrong decision; 3) it turns out they were not seriously damaged by the
withdrawal, then we hope they will return much of the deposit.
Ask the Rabbi Q&A is part of Hemdat Yamim, the weekly parsha
sheet published by Eretz Hemdah. You can read this section or the entire Hemdat
Yamim at www.ou.org or
www.eretzhemdah.org.
And/or you can receive Hemdat Yamim by email weekly, by sending an email to
info@eretzhemdah.org with the message:
Subscribe/English (for the English version) or Subscribe/Hebrew (for the hebrew
version). Please leave the subject blank. Ask the Vebbe Rebbe is partially
funded by the Jewish Agency for Israel
[2] ArtScroll Series • Mesorah Publications Ltd.
A TOUCH OF WISDOM A TOUCH OF WIT by Shmuel Himelstein
When the Chafetz Chaim was a young man, he studied in a small village named
Amstivova. There was a poor unfortunate man there who made his meager living by
drawing water from the local well and carrying the heavy buckets of water to
various people. For some reason, the children of the village made the poor man
the butt of their jokes.
Once, in midwinter, the children came up with a new way to
torment the man. Each night, on the way home from their learning, they would go
to the town well and fill his buckets with water. The first one there the next
morning was always the water carrier, and when he arrived he found that the
water had frozen solid. Each day he would have to spend time hacking the ice out
of the bucket before he could begin to draw water.
When this became know to the Chafetz Chaim, he adopted a new
practice. Late each night, after he had finished learning for the day, he would
stop by and empty the water bucket back into the well.
Shmuel Himelstein has written a wonderful series for ArtScroll: Words of Wisdom,
Words of Wit; A Touch of Wisdom, A Touch of Wit; and"Wisdom and Wit" — available
at your local Jewish bookstore (or should be).
[3] Candle by Day
Adults often blame children wrongfully by imputing to them the motives they
would have if they were doing what the children were doing. - From A Candle by
Day by Rabbi Shraga Silverstein
[4] Micro Ulpan - a word (or two) from HaAcademiya LaLashon Ha-Ivrit
Even when you think you know. How do you say significant in Hebrew? If you say
MASHMA-UTI you get only 7 of 10 points. The preferred word, according to you
know whom, is MUVHAK, Significance is ,MUVHAKUT, And now you know...
Here's a good one. Electrocardiogram, more commonly known as an EKG (ECG is also
used, but EKG is more common - is that because most people can't spell?)
In Hebrew, most will call it an EE-KE-GE, The correct, official Hebrew for EKG
is RELACH which stands for RISHMAT LEV CHASHMALIT.
[5] CHIZUK and IDUD (for Olim & not-yet-Olim respectively)
Parshat B'Har opens with a discussion of the laws of Shmita and Yovel (which is
also a Shmita). Rashi questions the connection between the Sedra's title and
this opening Mitzva, and makes the famous comment, "Ma inyan Shmita eitzel Har
Sinai - what connection does Shemita have to Mount Sinai?"
Rashi gives a puzzling answer: "Just as the laws of Shmita were
given at Har Sinai, so ALL the Mitzvot and their particulars were delineated at
Sinai." Uh, excuse me - ask all the commentators - why should Shmita be singled
out as representative of all the Mitzvot? What is so unique and special about
the Sabbatical Year?
I suggest to you that there IS something quite unique about
Shmita. Of all the Mitzvot, none requires more Emuna than Shmita. For an
agricultural society to stop all field work for one or two years is
mind-boggling! How will we survive? Who will pay the bills? Amazingly, Hashem
guarantees that He will provide enough food to carry us through the fallow
years, if only we have faith.
It is this quality of Emuna which is a necessary component of
all Mitzvot. To stop work on Shabbat, to strictly keep kosher, to purchase
expensive Tefilin, Etrogim or Mezuzot, one must have faith that this is how
Hashem wants us to conduct our lives.
Certainly, this faith-factor applies in the fullest sense to the
Mitzva of living in Israel. You cannot live here without deep Emuna, without a
rock-solid belief that our G-d gave His people a Land for all eternity where we
can most fully express our Judaism. Security, stress, economic hardship: all the
excuses are valid, yet they melt when met head-on by genuine Emuna.
Some people making Aliya fill their suitcases with white tuna,
some with electronics, others with cash. I suggest we are better served by
packing our bags with large doses of Emuna.
Rabbi Stewart Weiss, Ra'anana
TORAH THOUGHTS as contributed by Aloh Naaleh members for
publication in the Orthodox Union's 'Torah Insights', a weekly Torah publication
on Parshat Ha'Shavuah
[6] Torah Tidbits this 'n that
MS writes...
Every Friday I drive into Raanana on my way home to pick up the Torah Tidbits
for Kfar Saba, which are left outside BF's front door, from where each shul
repre- sentative collects them. Yesterday morning, why I don't know,person or
persons unknown, instead of taking their quota, decided to take the whole
carton, which containedTT for the whole of Raanana as well as mine. After
waiting in vain for the goods to be returned, BF phoned me at about 2:00pm and
gave the the bad news: no Torah Tidbits this week....
I couldn't bear the thought and maintained telephone contact with BF. Finally,
at about 6:00pm, BF managed to locate the missing Tidbits in a shul in Raanana
and recruited a relative to help bring them back. Then, at six thirty (lucky we
don't live in Yerushalayim), I jumped into my car and drove like a true Israeli
(instead of an Englishman, as I usually do) to Raanana, managing to do the round
trip and get back home a few minutes before Shabbat. So all's well that ends
well. [Ed. addition: Wonder who named one of his plays that, Mr. Englishman?]
Shabbat without Torah Tidbits is just not the same...
A few weeks ago, someone asked a question: If Yom HaSho'a, Yom HaZikaron, and
Yom HaAtzmaut are being moved one day later, is the same thing going to be done
with Lag BaOmer? The questioner was serious, but I reacted with a chuckle,
saying, of course not. Promptly forgot about this exchange, until this past
Shabbat, whenI saw fires for Lag BaOmer being set up by non-religious kids on
Shabbat and the fires going full blast before Shabbat was over. The question did
not seem so "off" as it had when originally asked. Now I'm thinking that it
would be a beautiful thing if the rabbis from all parts of the religious
community would agree todeclare that when Lag BaOmer falls on Sunday, the
traditional bonfires should be done on Sunday evening rather than Motza'ei
Shabbat. This measure would reduce Shabbat violation... until all Jews keep
Shabbat the way it should be kept.
[7] MAH RABBU MAASECHA HASHEM...
Sea Otter, Enhydra lutris
Semi-aquatic mammal, carnivore... 1.20m long, approx. 30kg. (females weigh
less)... strong canine teeth for tearing food, flat molars for crushing... small
external ears with excellent hearing capability (useful on land but not so much
in the water)... flattened tail, flipper-like hind feet for propulsion, forepaws
with retracting claws like a cat's - for grooming & eating... lung size is 2.5
times the size found in land mammals of same size... extremely thick fur - about
600,000 per square inch (93 thousand hairs per sq. cm.)... strong sense of
smell... good eyesight both above and below the water... whiskers used to sense
vibrations in the water... excellent sense of touch... one of only a few animals
known to use tools. Otters use rocks, other shellfish, or man-made objects to
pry prey from rocks - they also use tools as hammers or anvils... Otters feed on
about 40 different marine invertebrates. They dive up to180 feet foraging for
food... Otters must eat the equivalent of 20-25% of their body weight each day
in order to maintain a high level of internal heat production. Since they don't
have blubber for warmth like other marine mammals, they compensate by generating
a high metabolism by eating a lot. Additionally, they depend on their dense fur
which they spend a large portion of each day grooming... forcing air bubbles
down next to their skin... for insulation and buoyancy.
[8] Divrei Menachem
Parshat B'har introduces us to Sh'mita and Yovel, the Sabbatical Year and the
Jubilee Year. The basic concept behind these special years is that by leaving
one’s fields unattended and returning lands to their ancestral owners, we
recognize that the primary force in the universe is G-d, not Nature.
Like the Shabbat, Sh'mita and Yovel are designed to induce in us
dependence on G-d and recognition of His bounty, as well as faith that Hashem
will compensate us for “lost income”. Yovel is ushered in by shofar blasts that
are identical to those of Rosh Hashana. Thinking about that might well reinforce
our realization that what we have, and what we deserve, are in the hands of G-d.
Twice, referring to land sales (affected by the remaining years
to the Yovel), the Torah instructs that neither buyer nor seller aggravate one
another. According to Rashi, the first directive (Vayikra 25:14) alludes to
honest business dealings while the second inference refers to insults and
embarrassments (ibid 25:17).These injunctions are followed by the phrase: “For I
am the Lord your G-d.”
It seems that the ultimate characterization of a just society is
not only one that describes a scaled-down model of private ownership. It is
instructive that such a society is also defined by human relationships that are
anchored in an authentically Jewish and moral code based on Torah, the source of
which is the Source of everything.
Shabbat Shalom Menachem Persoff
[The Parshat B'har-B'chukotai Homepage]
[The TORAH tidbits Homepage] [How to use TORAH tidbits]
[About The OU/NCSY Israel Center] [About TORAH tidbits]
[www.ou.org]
