Hi,
Beginning with the first of Elul (this coming Monday morning), Ashkenazi Jews blow Shofar after Shacharit (the morning prayers).
There is also a practice of saying ten chapters of Psalms each weekday during the month of Elul, completing the book of Psalms twice during the month.
(Code of Jewish Law Orach Chaim 581:1; Mishneh Berurah 581:3)
Have a great day,
Mordechai
Sunday, August 31, 2008
Saturday, August 30, 2008
Elul
Hi,
Since we are now at the start of the month of Elul, we'll learn about some of the practices associated with this month.
Rosh Chodesh Elul is 40 days before Yom Kippur, and is considered the beginning of the season of Teshuvah (repentance). In part, this is because Moshe ascended Har Sinai (Mount Sinai) to receive the second set of tablets on Rosh Chodesh Elul, and those tablets were proof that Gd had forgiven the Jews for the Golden Calf.
Sephardic Jews rise during the night to recite Selichot this entire month; Ashkenazic Jews wait until closer to Rosh haShanah.
(Shulchan Aruch Orach Chaim 581:1; Mishneh Berurah 581:introduction)
Have a great day,
Mordechai
Since we are now at the start of the month of Elul, we'll learn about some of the practices associated with this month.
Rosh Chodesh Elul is 40 days before Yom Kippur, and is considered the beginning of the season of Teshuvah (repentance). In part, this is because Moshe ascended Har Sinai (Mount Sinai) to receive the second set of tablets on Rosh Chodesh Elul, and those tablets were proof that Gd had forgiven the Jews for the Golden Calf.
Sephardic Jews rise during the night to recite Selichot this entire month; Ashkenazic Jews wait until closer to Rosh haShanah.
(Shulchan Aruch Orach Chaim 581:1; Mishneh Berurah 581:introduction)
Have a great day,
Mordechai
Thursday, August 28, 2008
Borrowing fragile items
Hi,
We have said that one may borrow an item which is left in a publicly accessible place, where people normally borrow items that have been left out. Of course, one must restore the item to its original condition and position after using it.
However, if the item could easily be damaged during use then one may not borrow it, even if one will be careful.
(Shulchan Aruch Orach Chaim 14:4)
Have a great day,
Mordechai
We have said that one may borrow an item which is left in a publicly accessible place, where people normally borrow items that have been left out. Of course, one must restore the item to its original condition and position after using it.
However, if the item could easily be damaged during use then one may not borrow it, even if one will be careful.
(Shulchan Aruch Orach Chaim 14:4)
Have a great day,
Mordechai
Wednesday, August 27, 2008
Borrowing something which was left in a public place
Hi,
We have said that one may not borrow an object without the owner's permission.
If an owner leaves an item in a public area, where it is known that others might come and wish to use it, we may assume that the owner permits this type of borrowing. However, the borrower is required to restore the item to its original state when he finishes using it.
(Shulchan Aruch Orach Chaim 14:4)
Have a great day,
Mordechai
We have said that one may not borrow an object without the owner's permission.
If an owner leaves an item in a public area, where it is known that others might come and wish to use it, we may assume that the owner permits this type of borrowing. However, the borrower is required to restore the item to its original state when he finishes using it.
(Shulchan Aruch Orach Chaim 14:4)
Have a great day,
Mordechai
Tuesday, August 26, 2008
Borrowing and Theft, Part II
Hi,
We have said that one may not borrow an object without informing the owner. The same is true regarding 'borrowing' something as a practical joke, whether intended to irritate or just to have fun; this constitutes theft in Jewish law.
(Shulchan Aruch Choshen Mishpat 348:1)
Have a good day,
Mordechai
We have said that one may not borrow an object without informing the owner. The same is true regarding 'borrowing' something as a practical joke, whether intended to irritate or just to have fun; this constitutes theft in Jewish law.
(Shulchan Aruch Choshen Mishpat 348:1)
Have a good day,
Mordechai
Monday, August 25, 2008
Borrowing vs. Stealing
Hi,
"Borrowing" means that there is an agreement between two parties (ie Bill and Darla) that Bill will use some entity owned by Darla.
Having that agreement is essential. If Bill were to borrow Darla's item without telling her, even with plans to return it immediately, that would constitute theft.
(Shulchan Aruch Choshen Mishpat 348:1)
Have a great day,
Mordechai
"Borrowing" means that there is an agreement between two parties (ie Bill and Darla) that Bill will use some entity owned by Darla.
Having that agreement is essential. If Bill were to borrow Darla's item without telling her, even with plans to return it immediately, that would constitute theft.
(Shulchan Aruch Choshen Mishpat 348:1)
Have a great day,
Mordechai
Sunday, August 24, 2008
Responsibility for a borrowed item
Hi,
One who borrows an item accepts all responsibility for harm it may cause a third party, during the period of the loan.
Therefore: If I borrow a computer, and the computer is infected with some kind of harmful software which then damages someone else's computer during the loan, I am held responsible.
(Shulchan Aruch Choshen Mishpat 347:1)
Have a great day,
Mordechai
One who borrows an item accepts all responsibility for harm it may cause a third party, during the period of the loan.
Therefore: If I borrow a computer, and the computer is infected with some kind of harmful software which then damages someone else's computer during the loan, I am held responsible.
(Shulchan Aruch Choshen Mishpat 347:1)
Have a great day,
Mordechai
Saturday, August 23, 2008
Damage caused by a borrowed item
Hi,
If I borrow something, and it harms my property - such as if I borrow an animal and it damages something in my home, or I borrow a car and it leaks oil on my property - the owner is exempt from all liability.
(Shulchan Aruch Choshen Mishpat 347:1)
Have a good day,
Mordechai
If I borrow something, and it harms my property - such as if I borrow an animal and it damages something in my home, or I borrow a car and it leaks oil on my property - the owner is exempt from all liability.
(Shulchan Aruch Choshen Mishpat 347:1)
Have a good day,
Mordechai
Thursday, August 21, 2008
Sub-lending, part 2
Hi,
We have said that one who borrows an item may not then lend it to someone else, if the item could be stolen by that third party.
This is true even where the loan is for the sake of a Mitzvah, such as in lending out a Torah text, so that I might have presumed that the original owner would approve of this sub-loan. One is not entitled to "read the mind" of the lender.
(Code of Jewish Law Choshen Mishpat 342:1)
Have a great day,
Mordechai
We have said that one who borrows an item may not then lend it to someone else, if the item could be stolen by that third party.
This is true even where the loan is for the sake of a Mitzvah, such as in lending out a Torah text, so that I might have presumed that the original owner would approve of this sub-loan. One is not entitled to "read the mind" of the lender.
(Code of Jewish Law Choshen Mishpat 342:1)
Have a great day,
Mordechai
Wednesday, August 20, 2008
Sub-lending
Hi,
One who borrows an item may not then lend it to someone else, lest that third party steal it for himself. If it is an item that cannot easily be stolen, though, like a house, then one may lend its use to a third party, and simply accept responsibility for any damage.
(Shulchan Aruch Choshen Mishpat 342:1; Sefer Meirat Einayim 342:1)
Have a great day,
Mordechai
One who borrows an item may not then lend it to someone else, lest that third party steal it for himself. If it is an item that cannot easily be stolen, though, like a house, then one may lend its use to a third party, and simply accept responsibility for any damage.
(Shulchan Aruch Choshen Mishpat 342:1; Sefer Meirat Einayim 342:1)
Have a great day,
Mordechai
Tuesday, August 19, 2008
Husband and Wife borrowers
Hi,
As part of the terms of Jewish marriage, a husband is responsible to financially support his wife, and he gains access to use of her property. Because this is an exchange, we view him as a 'purchaser' of his wife's property.
Therefore: If a woman borrows an item from someone, and then gets married, her husband may now use the item as well, but he is not considered to be a borrower. Rather, he is considered a purchaser.
The practical ramification of this arrangement is that the husband does not have a borrower's responsibility to protect the item from harm. He ihas simply purchased access to his wife's right to use the item.
(Shulchan Aruch Choshen Mishpat 346:17)
Have a great day,
Mordechai
As part of the terms of Jewish marriage, a husband is responsible to financially support his wife, and he gains access to use of her property. Because this is an exchange, we view him as a 'purchaser' of his wife's property.
Therefore: If a woman borrows an item from someone, and then gets married, her husband may now use the item as well, but he is not considered to be a borrower. Rather, he is considered a purchaser.
The practical ramification of this arrangement is that the husband does not have a borrower's responsibility to protect the item from harm. He ihas simply purchased access to his wife's right to use the item.
(Shulchan Aruch Choshen Mishpat 346:17)
Have a great day,
Mordechai
Monday, August 18, 2008
May I have my lawnmower back? part 3
Hi,
If a person lends out an item to someone who specifies the task for which he wants it, then he may claim the item back immediately upon the completion of that task.
Therefore: If Bob says to Jim, "Please lend me your lawnmower so that I can cut the grass today," Jim is within his rights to claim the lawnmower back after today - and if Bob continues to use it after today, Jim can claim restitution for any damage to the mower.
On the other hand, if Bob says, "Please lend me your lawnmower so that I can cut the grass," without specifying a location or timeframe, then Bob may use it as long as he likes. [Some authorities do suggest that Bob's ability to use the mower would be limited to that grass-mowing season, and not to the following year.]
(Code of Jewish Law Choshen Mishpat 341:7)
Have a great day,
Mordechai
If a person lends out an item to someone who specifies the task for which he wants it, then he may claim the item back immediately upon the completion of that task.
Therefore: If Bob says to Jim, "Please lend me your lawnmower so that I can cut the grass today," Jim is within his rights to claim the lawnmower back after today - and if Bob continues to use it after today, Jim can claim restitution for any damage to the mower.
On the other hand, if Bob says, "Please lend me your lawnmower so that I can cut the grass," without specifying a location or timeframe, then Bob may use it as long as he likes. [Some authorities do suggest that Bob's ability to use the mower would be limited to that grass-mowing season, and not to the following year.]
(Code of Jewish Law Choshen Mishpat 341:7)
Have a great day,
Mordechai
Sunday, August 17, 2008
May I have my lawnmower back? part 2
Hi,
If I borrow a tool and I explain [at the time of the loan] that I intend to use it for a specific job, the lender may not terminate the loan until I have possessed the tool for a period of time sufficient to perform that job.
(Code of Jewish Law Choshen Mishpat 341:5)
Have a great day,
Mordechai
If I borrow a tool and I explain [at the time of the loan] that I intend to use it for a specific job, the lender may not terminate the loan until I have possessed the tool for a period of time sufficient to perform that job.
(Code of Jewish Law Choshen Mishpat 341:5)
Have a great day,
Mordechai
Saturday, August 16, 2008
Occupational Hazards
Hi,
One who borrows an item for a specific task is exempt from liability for damage which occurs in the normal use of that item - even if that damage is unusual.
For example: If one borrows a cat to eliminate mice, and the mice eat the cat, the borrower is exempt from liability.
(Code of Jewish Law Choshen Mishpat 340:3)
Have a great day,
Mordechai
One who borrows an item for a specific task is exempt from liability for damage which occurs in the normal use of that item - even if that damage is unusual.
For example: If one borrows a cat to eliminate mice, and the mice eat the cat, the borrower is exempt from liability.
(Code of Jewish Law Choshen Mishpat 340:3)
Have a great day,
Mordechai
Thursday, August 14, 2008
Can I have my lawnmower back?
Hi,
A loan of property without a predetermined time period may be terminated at any time by the lender.
This is different from the presumption by a loan of money, where the borrower automatically receives 30 days because it is understood that he will spend/invest the borrowed money, and will not immediately have it available for repayment.
(Code of Jewish Law Choshen Mishpat 341:1; Meirat Einayim 341:1)
Have a great day,
Mordechai
A loan of property without a predetermined time period may be terminated at any time by the lender.
This is different from the presumption by a loan of money, where the borrower automatically receives 30 days because it is understood that he will spend/invest the borrowed money, and will not immediately have it available for repayment.
(Code of Jewish Law Choshen Mishpat 341:1; Meirat Einayim 341:1)
Have a great day,
Mordechai
Wednesday, August 13, 2008
Maintaining a borrowed item
Hi,
Should I borrow an item which requires feeding (or other normally anticipated maintenance), I would be obligated to maintain it throughout the period of the loan.
Should I borrow an item, and the item would deteriorate through normal use, then I would be exempt from liability. Should it deteriorate due to my own deficient care, I would be liable.
(Code of Jewish Law Choshen Mishpat 340:4)
Have a great day,
Mordechai
Should I borrow an item which requires feeding (or other normally anticipated maintenance), I would be obligated to maintain it throughout the period of the loan.
Should I borrow an item, and the item would deteriorate through normal use, then I would be exempt from liability. Should it deteriorate due to my own deficient care, I would be liable.
(Code of Jewish Law Choshen Mishpat 340:4)
Have a great day,
Mordechai
Tuesday, August 12, 2008
Damage to borrowed property
Hi,
If I borrow someone's property for a specified purpose, and I use that property for a different purpose and it becomes damaged in the course of that other activity, then I am liable.
For example: If I borrow a car for a drive on an interstate highway, and then I decide to use it to drive on city streets, I am liable for any harm which occurs during the drive.
(Code of Jewish Law Choshen Mishpat 340:1)
Have a great day,
Mordechai
If I borrow someone's property for a specified purpose, and I use that property for a different purpose and it becomes damaged in the course of that other activity, then I am liable.
For example: If I borrow a car for a drive on an interstate highway, and then I decide to use it to drive on city streets, I am liable for any harm which occurs during the drive.
(Code of Jewish Law Choshen Mishpat 340:1)
Have a great day,
Mordechai
Monday, August 11, 2008
Borrowing property
Hi,
Today we begin a new topic, which we first examined five years ago. I hope to expand it this time around. Note that this is substantively different from another topic we have discussed, that of borrowing money.
One who borrows an item is responsible for any harm which befalls the item, even if it was harm he could not prevent.
The only exceptions to this rule are:
a. Harm caused by normal use, and
b. Harm directly caused by the action of the lender.
(Code of Jewish Law Choshen Mishpat 340:1)
Have a good day,
Mordechai
Today we begin a new topic, which we first examined five years ago. I hope to expand it this time around. Note that this is substantively different from another topic we have discussed, that of borrowing money.
One who borrows an item is responsible for any harm which befalls the item, even if it was harm he could not prevent.
The only exceptions to this rule are:
a. Harm caused by normal use, and
b. Harm directly caused by the action of the lender.
(Code of Jewish Law Choshen Mishpat 340:1)
Have a good day,
Mordechai
Sunday, August 10, 2008
Mourning for the Beit haMikdash, year-round
Hello,
When the Beit haMikdash [Jerusalem Temple] was destroyed, the sages enacted that any Jew building a structure should leave a part unfinished, in a visible area near the entrance, as a memorial to the destruction of the Temple. That segment should have an area of about 3 square feet.
If a Jew buys a structure which was built by a non-Jew, he is not obligated to damage it in order to create such a memorial.
(Code of Jewish Law Orach Chaim 560:1; Mishneh Berurah 560:3-4)
Have a good day,
Mordechai
When the Beit haMikdash [Jerusalem Temple] was destroyed, the sages enacted that any Jew building a structure should leave a part unfinished, in a visible area near the entrance, as a memorial to the destruction of the Temple. That segment should have an area of about 3 square feet.
If a Jew buys a structure which was built by a non-Jew, he is not obligated to damage it in order to create such a memorial.
(Code of Jewish Law Orach Chaim 560:1; Mishneh Berurah 560:3-4)
Have a good day,
Mordechai
Thursday, August 7, 2008
Last Tisha b'Av reminders
Hi,
A few reminders before the fast:
At sunset on Shabbat afternoon, the fast and the prohibitions against bathing or annointing one's skin for pleasure and the prohibition against marital relations begin.
We do not wash ourselves; if our hands are dirty, we use a little bit of water on the dirty spot to clean that dirt off. Upon rising from sleep, and after using the bathroom, we wash up to the knuckle where the fingers meet the hand.
After Shabbat, we do not wear leather shoes and we sit on the floor or a low stool.
May this be the last year when we need to observe Tisha b'Av,
Mordechai
A few reminders before the fast:
At sunset on Shabbat afternoon, the fast and the prohibitions against bathing or annointing one's skin for pleasure and the prohibition against marital relations begin.
We do not wash ourselves; if our hands are dirty, we use a little bit of water on the dirty spot to clean that dirt off. Upon rising from sleep, and after using the bathroom, we wash up to the knuckle where the fingers meet the hand.
After Shabbat, we do not wear leather shoes and we sit on the floor or a low stool.
May this be the last year when we need to observe Tisha b'Av,
Mordechai
Wednesday, August 6, 2008
The day after Tisha b'Av
Hi,
Although the prohibitions of Tisha b’Av end with Tisha b’Av, the practices of the Nine Days – refraining from meat and wine, not bathing for pleasure, not laundering or wearing fresh clean clothing and not attending celebrations – continue until midday the next day. Midday is 1:07 PM in Allentown this year.
This is because we are taught that the Beit haMikdash (Temple) burned until midday on the Tenth of Av.
[Note that there is an exception to this rule: As we have discussed, when Tisha b'Av occurs on a Saturday night and Sunday, Havdalah after Tisha b'Av is done with wine/grape juice.]
(Code of Jewish Law Orach Chaim 558:1; Mishneh Berurah 558:3)
Be well,
Mordechai
Although the prohibitions of Tisha b’Av end with Tisha b’Av, the practices of the Nine Days – refraining from meat and wine, not bathing for pleasure, not laundering or wearing fresh clean clothing and not attending celebrations – continue until midday the next day. Midday is 1:07 PM in Allentown this year.
This is because we are taught that the Beit haMikdash (Temple) burned until midday on the Tenth of Av.
[Note that there is an exception to this rule: As we have discussed, when Tisha b'Av occurs on a Saturday night and Sunday, Havdalah after Tisha b'Av is done with wine/grape juice.]
(Code of Jewish Law Orach Chaim 558:1; Mishneh Berurah 558:3)
Be well,
Mordechai
Tuesday, August 5, 2008
Tisha b'Av lighting, and Eichah
Hi,
We minimize the lighting in our homes and synagogues during the night of Tisha b'Av, using only the degree of lighting we require for functioning.
The book of Eichah (Lamentations) is read aloud in the synagogue at night, and people read it privately during the day.
(Code of Jewish Law Orach Chaim 559:2, 3; Mishneh Berurah 559:2, 15)
Be well,
Mordechai
We minimize the lighting in our homes and synagogues during the night of Tisha b'Av, using only the degree of lighting we require for functioning.
The book of Eichah (Lamentations) is read aloud in the synagogue at night, and people read it privately during the day.
(Code of Jewish Law Orach Chaim 559:2, 3; Mishneh Berurah 559:2, 15)
Be well,
Mordechai
Monday, August 4, 2008
Tisha b'Av - Seating
Hi,
On the night of Tisha b'Av, as well as Tisha b'Av morning, we do not sit on regular chairs; we sit, as mourners, on low stools or on the floor.
This practice continues until midday on the day of Tisha b'Av, at which point the mourning lessens; this is the time when the Temple itself began to burn and be destroyed, showing that Gd had chosen to spare the lives of many thousands of Jews.
Midday will be 1:07 PM in Allentown, this year.
(Code of Jewish Law Orach Chaim 559:3; Mishneh Berurah 559:11)
Be well,
Mordechai
On the night of Tisha b'Av, as well as Tisha b'Av morning, we do not sit on regular chairs; we sit, as mourners, on low stools or on the floor.
This practice continues until midday on the day of Tisha b'Av, at which point the mourning lessens; this is the time when the Temple itself began to burn and be destroyed, showing that Gd had chosen to spare the lives of many thousands of Jews.
Midday will be 1:07 PM in Allentown, this year.
(Code of Jewish Law Orach Chaim 559:3; Mishneh Berurah 559:11)
Be well,
Mordechai
Sunday, August 3, 2008
Going to work on Tishah b'Av
Hi,
During both the night and day of Tishah b'Av, one is not supposed to engage in activities which will remove his mind from the day's theme of mourning. Nonetheless, one is permitted to go to work unless there is a local custom of refraining from going to work on Tishah b'Av.
Even if others do go to work, one is permitted to personally refrain from working. This is not considered a blatant departure from local custom; many people take days off.
One who is at work should strive to keep his mind on the mourning elements of the day, and must practice all of the standard Tishah b'Av practices.
(Code of Jewish Law Orach Chaim 554:21-22)
Be well,
Mordechai
During both the night and day of Tishah b'Av, one is not supposed to engage in activities which will remove his mind from the day's theme of mourning. Nonetheless, one is permitted to go to work unless there is a local custom of refraining from going to work on Tishah b'Av.
Even if others do go to work, one is permitted to personally refrain from working. This is not considered a blatant departure from local custom; many people take days off.
One who is at work should strive to keep his mind on the mourning elements of the day, and must practice all of the standard Tishah b'Av practices.
(Code of Jewish Law Orach Chaim 554:21-22)
Be well,
Mordechai
Saturday, August 2, 2008
The Tishah b'Av Frame of Mind
Hi,
On the fast of Tishah b'Av, one should not greet others in the normal manner of "Good morning, Hello, How are you." If one is greeted by a person who does not know better, one should respond politely but in a manner which indicates that the day is a day of mourning, and teach his interlocutor about the mournful fast if possible.
One also does not give gifts on this day.
We also minimize our comfort and dignity on the fast of Tisha b'Av, just as a mourner cares little for his own comfort or dignity when in his most intense grief. Therefore, there is a practice of minimizing one's comfort while sleeping. Those who ordinarily sleep with a pillow will sleep without a pillow that night; some people sleep on the floor.
(Code of Jewish Law Orach Chaim 554:20, 555:2; Mishneh Berurah 554:41)
Have a good day,
Mordechai
On the fast of Tishah b'Av, one should not greet others in the normal manner of "Good morning, Hello, How are you." If one is greeted by a person who does not know better, one should respond politely but in a manner which indicates that the day is a day of mourning, and teach his interlocutor about the mournful fast if possible.
One also does not give gifts on this day.
We also minimize our comfort and dignity on the fast of Tisha b'Av, just as a mourner cares little for his own comfort or dignity when in his most intense grief. Therefore, there is a practice of minimizing one's comfort while sleeping. Those who ordinarily sleep with a pillow will sleep without a pillow that night; some people sleep on the floor.
(Code of Jewish Law Orach Chaim 554:20, 555:2; Mishneh Berurah 554:41)
Have a good day,
Mordechai
Subscribe to:
Posts (Atom)
