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| Wednesday, May 14, 2008 / 9 Iyar 5768 |
The Sign (Siman)
By: Dr. Chaim Levsky
A very important aspect of hashavas aveida that we have touched on a few times is the presence of a "siman" or identifying feature that would enable the return of a lost item to the rightful owner. Let's explore this more fully.
The Gemara (Bava Metzia 28b) explains that if someone comes to claim a lost item (perhaps advertised by a sign put up by the finder) he/she should not be given the item without providing appropriate proof of ownership in the form of a siman*. There are "good" simanim and "bad" simanim. Classically, reliable simanim are the physical measurements of the item (length, width, weight, etc.), the number of lost items together, the location of loss, and any wrapping around an item. Classically, the color of an item was not considered a good siman because many items can be found of the same color.
In practical halacha there it is not possible to list good simanim for any arbitrary object. The guideline is that a siman must be unique such that very few items would meet that description. So, for any given property of a given object there are common forms and uncommon forms. For example, if you found 10 black pens bundled together in a package and someone claimed them using the fact that there were 10 together in a pack and that they were black, that would be inadequate evidence. Pens are often sold in packs of 10 and a large amount of pens out there are black. If, however, someone claimed an envelope of cash that was lost which contained 23 one dollar bills using the number as a siman that would be good evidence. Very few envelopes are out there that contain this exact number.
We will cover some more examples to clarify the concept of simanim in the coming e-mails.
*It is intuitive but worth noting that in the unusual case of the finder knowing exactly to whom the item belongs (or in the presence of witnesses that attest as to the identity of the owner) a siman is not necessary and the item is simply returned.
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| Monday, May 12, 2008 / 7 Iyar 5768 |
Beneath My Dignity
By: Dr. Chaim Levsky
A final circumstance when a found item is not returned is called "zakein v'eyno l'fi kvodo"/literally: unbecoming of the honor of an elderly person. This rule applies to both objects and circumstances that make picking up something in public beneath the dignity of the finder. The finder in such a case is a Torah scholar, community leader or wealthy person - someone who has an objective reason to be honored*.
Example: If a Rosh Yeshiva/Dean finds an object that rolled under a car in the Yeshiva parking lot** he would not be obligated to get down on his knees to pick it up. The Shulchan Aruch writes that if he wants to retrieve it (to go beyond the letter of the law) that is acceptable. The Rema (primary Ashkenazic commentary on Shulchan Aruch by R. Moshe Isserlis, Poland, 1520-72) disagrees and says that it is forbidden for a Torah scholar to defame his dignity because he represents the honor of Torah***. He says that if he wants to go beyond the letter of the law he should repay the owner with his own funds. Rav Moshe Feinstein is quoted as ruling that if the distinguished finder can get another, less-distinguished person to pick up the object he is obligated to do so.
The same dispensation applies when the item is lowly and the dignified finder would be embarrassed to carry it in the street. The general rule is when the finder would not pick up his/her own item in a given circumstance (because it is not dignified) they do not have to pick it up for someone else. Of note, though, a rich person may elect not to pick up a cheap item for themselves but that would not exempt them about being careful to return it to someone who might value it.
*Rabbi Bodner notes from the Shulchan Aruch Harav (widely-acclaimed halachic work by R. Shneur Zalman of Liadi, first Rebbe of Lubavitch Chassidism, Russia, 1745-1812) that if someone has an inflated self-image and is not really respected by others, he or she would not be allowed to make use of this dispensation.
**If he found it on a lonely side street he would still be obligated to pick it up since no one would see.
***Other honored people (wealthy, community leaders, etc.) would not be prohibited to voluntarily do something beneath their honor.
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| Friday, May 09, 2008 / 4 Iyar 5768 |
Living With Joy
By: Michael Winner
I was working on the computer the other night and my wife was reading a book to Rochel Leah on the couch. Out of nowhere my daughter begins sobbing uncontrollably. My wife too, started crying, but out of laughter, not sadness.
It turned out that they were reading a book about a bear that was waiting to be sold to somebody at a store and nobody would buy him. My daughter, feeling the bear’s pain, started crying in a high voice, with tears down her eyes, “Bear wants his mommy! Bear wants his mommy!!” My wife had to quickly flip the pages to the end, when the bear finally finds his “mommy” to calm her down.
Women.
Okay, on to Torah!
"And the Almighty spoke to Moshe saying Speak to the Children of Israel saying 'On the fifteenth day of the seventh month is the festival of Sukkos, seven days dedicated to the Almighty" (Vayikra 23 33,34)
Rav Shimshon Raphael Hirsch notes that Rosh Hashanah is only one day (according to the Torah); Yom Kippur is also one day, while Sukkos is seven days.
Rosh Hashanah is a day when we have to take account of our lives. Yom Kippur is a day of fasting and repentance. Sukkos on the other hand is seven days of celebration and joy.
There is a lesson in this setup, says Rav Hirsh. The days of fasting and atonement are just two days, while those of joy and simcha are seven.
"This is what is most one's life should be, not the bowed down, broken feeling, but the joy of life which runs equally throughout the year of a life faithfully devoted to duty" |
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| Thursday, May 08, 2008 / 3 Iyar 5768 |
The Internal You
By: Yudi Goldman
“They shall not make a bald spot on their heads, and they shall not shave an edge of their beard; and in their flesh they shall not cut a gash. They shall be holy to their G-d…” (Vayikra 21:5-6)
The Maharal Diskin offers an enlightening explanation. The leaders of other faiths are known for their alternative modes of dress, in comparison to their followers. This, explains the Maharal, is due to the lack of difference between the two deep within their hearts. Thus, there is a necessity to outwardly distinguish themselves from their followers.
However, when it comes to the Kohanim, the high priests in the Beis Hamigdash, the Torah required that, “They shall be holy to their G-d…” (Ibid.). By doing so, they, as a result if their lofty spiritual ideals and actions, will be set on high on a spiritual plateau.
What defines our leaders is based upon the difference between our levels of spirituality and theirs. We do not look merely at the outside manifestation. Being a leader is a matter of privilege not choice.
And so, this is how it has been over the history of our nation. Our leaders are ones of standing, knowledge, and example who guide us along throughout turbulent times based upon the Torah’s code of conduct. We do not look up to figure heads who lack the essential traits and tenets of leadership, but seek counsel from those who are recipients of our rich heritage and tradition.
One such leader was the late Chassidic Rebbe of Satmar. The Rebbe enjoyed a close relationship with a famous community activist, Mike Tress, who held tremendous respect for the Rebbe though he himself was not a Chasid.
The Rebbe’s followers once asked him as to why the Rebbe held the man in such regard. He was a ‘litvak’ (non-Chasidic), had no beard and stood out in their community.
The Rebbe replied sharply. “After 120 years, when Mike goes up to heaven they will ask him, Yid Yid (Jew, Jew), where is your beard? When you ascend, they will ask, Beard Beard, where is your Yid?”
The lesson is clear. In a society where marketing and looks define the person, place and thing, it is imperative that we look beyond the externals and focus on truly lies within.
Whether it’s choosing a leader and ensuring that his outlook is based upon the beliefs we stand for, or in our personal and spiritual lives where we constantly choose what we make part and parcel of our lives.
There comes a time when we all need to take stock of what we cling to, and what defines our lifestyle. In the spirit of Parshas Emor, and the command of ‘They shall be holy’, there is no better time. Let us begin.
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| Tuesday, May 06, 2008 / 1 Iyar 5768 |
Too Small to Return
By: Dr. Chaim Levsky
Some items need not be returned because they are of too small in value to be considered significant. The threshold of worth in Halachic terms is called a "shava pruta"/value of a tiny coin called a pruta. The modern day equivalent of this amount is the object of some dispute.
Rav Moshe Feinstein is quoted as having held that the value depends on the current-day market, equating a pruta with the smallest coin that can be used to buy different things. In 1980 he wrote that in America the matching coin is the nickel as a single penny cannot buy anything. Applying such reasoning to today's money, Rav Bodner writes that this is more likely a quarter (or possibly a dime)*.
What happens if an item is nearly worthless to the finder but the owner values it far more? For example, say you find a single shoe. To you it is worthless, but to the owner it is very sorely missed. Rav Moshe is quoted as having ruled that one must attempt to return such an item.
If one encounters a very low value item (s)he may leave it there or keep it. Of course, one may only keep it if (s)he determines that it is indeed lost (and not intentionally placed) as we outlined in earlier e-mails.
* Please note that the calculation of shava pruta may be significantly less as regards other areas of halacha. When discussing returning lost objects one must consider the general rule of saving other people's possessions that one need not do something for another person if they would not do it themselves. If a person would not go back to get their own low-value item you would not have reason to return it to them.
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| Sunday, May 04, 2008 / 29 Nissan 5768 |
Halachicly Ownerless Items
By: Dr. Chaim Levsky
We last discussed items that need not be returned because they have been forfeited by their owner. In some circumstances, even if the owner does not relinquish his/her rights, the Halacha deems the item "ownerless".
For example, one day a fisherman went out on his boat and his Rolex watch fell into the water. He screams at the top of his lungs that he does not give up hope of retrieving the item and tells all of his fellow fishermen. He is adamant that if it is ever found in any fashion that it should be returned to him and he does not give up ownership. If a diver finds the item the next day or it washes up on shore, the finder is allowed to keep the item. The owner's proclamations carry no halachic weight. As we have mentioned a few times before, if the owner is identifiable or known, returning such an object is going beyond the letter of the law.
Rav Moshe Feinstein addresses the reasoning why ownership is relinquished even without the normally required "yay'ush"/giving up hope. He says that when an item is lost at sea it is completely gone and similar to being burnt up (and nullified). This is even the case when it can come into someone else's possession eventually because it only does so by an unlikely circumstance or unintentionally (eg, he finds it washed up on the shore). Rav Moshe describes the events that lead the item to its new owner as miraculous or wondrous.
Other situations that would fall in this category include if you rescue an item that was carried off by a wild animal and if you find some way of retrieving an object that fell down a storm drain (or ended up in another generally inaccessible place). You can keep such items because they are lost beyond realistic hope. |
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| Friday, May 02, 2008 / 27 Nissan 5768 |
Modesty Leads to Holiness
By: Michael Winner
Well, my friend Uri and I completed our fourth annual Hike of Death, in the Judean Desert. We hiked at least 25 km in 9 hours. We started off at -360 meters below sea level and reached a peak of 350 meters above sea level.
A couple of hours into the hike Uri pointed to a very tall peak and joked, “We’ll have to climb over THAT before we go down.” A few hours later, we’re standing at the base of “that” with nowhere to go but up.
He was lucky to survive.
On another note, I had an interesting thought about Yom HaShoah which fell out yesterday. For the most part, the religious world doesn’t seem to really partake in it for several reasons. I heard another indirect reason for not making Yom HaShoah a big deal from my Rosh Yeshiva. He was discussing the students of Rebbe Akiva who died during this time period and how during this time, we limit our joy a little bit in mourning. He said that we are not mourning just for the loss of these students, since we do not cry over spilt milk. Rather, we mourn in order to learn from their deaths and improve ourselves spiritually in order not to make the same mistake.
Yom HaShoah, unfortunately, was not created or used in such a way. The unofficial motto is: Never Again! We mourn the loss of the 6 million, and we pound our chests and vow that we will be strong enough to never see the likes of the Holocaust again.
But we never actually learn anything. We never look back and say, THIS is what WE did wrong to deserve the Holocaust. THIS is where WE failed spiritually that allowed Hitler his rise to power.
Had Yom HaShoah been a day of mourning and learning, the religious world would probably partake in it. Rather it was made on the day of the Warsaw Uprising, a show of Jewish “strength”, and was made for us to be proud in our physical (via the Israeli army), political and economical power, depending on THEM, rather than Hashem to save us from future catastrophes.
Just an interesting insight to the day I just thought of.
Okay, on to Torah!
I saw an interesting note from Rashi on the bus the other day.
Last week’s parsha finished with a list of sexual offenses that the Torah takes offense to. This week’s parsha immediately begins with “Kedoshim Tihiyu”, “You will be holy…”
Rashi comments on “You will be holy”: “Be removed from sexual sins, for wherever you find restriction of sexual immorality [mentioned in the Torah], you find holiness [with it]…” and Rashi gives three examples where this is so in the Torah.
The general rule in life that I have believed in is the “Men are Scum, Women are Dumb” rule. Men will do anything and women will believe anything men say. You can email me all day and disagree, but anybody who has been or seen any human between the age of 12 and 120, know this to be an unfortunate truth in life.
Last year, a music concert here in Jerusalem, was either cancelled or severely knocked down in terms of attendance, after a group of Gedolim (Torah leaders) said that that particular concert should not happen (or Bnei Torah should not go, I’m not too clear on the language used since I did not see it first hand) due to negative influences or something of that sort.
I will admit. I don’t keep up with the music industry. I personally cannot stand today’s “Jewish” music and I have no interest in going to concerts. Being that, I was not up to date with what the issue was concerning this particular concert and what “negative influences” were at place. However, this struck me as a little odd. After all, this was a separate seating event, which you would think equals kosher.
So, I asked one of my rabbeim if he knew what was going on. He replied that he was actually planning on taking his son to the concert, since his son happens to like one of the groups singing. Once his wife heard of this idea, and this was before the Gedolim came out with their decision, she basically told him “Absolutely not. You’ve never been to those concerts before and I have, and you’re not going.” I believe she gave him some description on what sort of people go there and what goes on “behind the scenes” (not the singers, put the concert-goers). Based off of her personal experience, she forbade her husband and children from going, in fear of what they might see and get into their heads.
This is the situation within the religious community.
From the non-Jewish end:
My chavrusa told me that when his sister was taking a university class (forgot which one) in the US, the professor asked the assembled student body, “How many of you are planning to commit adultery when you are married?”
Over half of them raised their hands.
Yes, you read that right… I had him repeat it several times to make sure I heard it properly. Half of the students PLANNED to commit adultery.
Society today has broken down nearly every fence possible in this arena. Torah, on the other hand, puts up the fences and guards it vigorously.
My neighbor told me of a non-Jewish Irish woman who lived in Williamsburg, NY for decades. When she asked her why she continues to live where she lives, despite being the obvious “outsider”, she responded, “When I walk down the street at night and I see a group of men wearing all black walking towards me, I know I’m perfectly safe. They will completely ignore more and keep their eyes down. When I see just ONE Puerto Rican walking towards me, I get worried”
Not the most politically correct statement, mind you, but understandable.
As Rashi said, when you put up walls against sexual immodest and sin, you will have kedusha, holiness. That is why the religious world puts an emphasis on the separation of the sexes. That is why a Ben Torah will not go to certain areas if he doesn’t need to, or why he keeps his eyes down or even takes off his glasses when he has to go to those areas.
I have often found women having a bigger problem the men in understanding this. That’s because women are not men and have no concept on how men think. Most men on the other hand, perhaps might disagree with the “fanatiscm”, but at least they have a small understanding on why these rules are in place: Men are scum.
But once we internalize that rule, we can begin to understand where the Torah is coming from. After that understanding and practice, we can expect to see more kedusha in our lives.
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