3 Ocak 2013 Perşembe

Doctor's Appointment on Shabbat

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A student told me that he wasn't feeling well to the point where he feels he might have fever. The only time he could make a doctor's appointment for was Shabbat, and the next opportunity would be only on Monday. Is it permissible to go to the doctor on Shabbat (assuming the doctor is a  non-Jew, as the majority of doctors are non-Jews)?

It is a common misconception that it is permissible for a non-Jew to preform any type of action on behalf of a Jew on Shabbat. But the Talmudic scholar Rav Ashi (Babylonian Talmud, Shabbat 150A) assumes that it is forbidden to ask a non-Jew to do a melacha (an action which is prohibited on Shabbat) from which a Jew will benefit. Some commentators (such as Rashi and Meiri) explain that this assumption is based upon the Mishna (Shabbat 16:6) which simply states that one may not ask a non-Jew to put out a candle on Shabbat.

O.K. on Shabbat?

The Rambam (Hilchot Shabbat 6:1) interprets this prohibition to be a rabbinic decree. According to him, the reason this prohibition was established is that the sages were concerned that a person might be influenced to himself perform forbidden actions. The way I understand this reasoning is that if there were no prohibition, one would be able to spend the whole Shabbat along with his servant constantly doing melacha on his behalf. The atmosphere which is created through this process may cause one to to himself perform melacha.

 Rav Ulah the son of Ilai and Rav Hamnunah (Babylonian Talmud, Shabbat 129 A) teach that it is permissible to ask a non-Jew to preform any type of melacha on Shabbat on behalf of one who is sick. The Ran (Shabbat, chapter 14) adds that only one who is so ill that he must stay in bed is defined as sick. But the Magid Mishneh (Maimonides, Shabbat 2:10) writes that the actual definition of sickness is when ones whole body is affected by the sickness, even if he is not forced to stay in bed.

Rav Moshe Iserlish, the Ramah (Shulchan Aruch OC 328:17), rules in accordance with the Magid Mishneh and therefore it is permissible to go to a doctor's appointment on Shabbat when one is not feeling well to the point where he thinks he might have fever (even without actually checking it, as I believe this case qualifies as a sickness that affects the whole body).

It turned out that this student had a sinus infection and was given antibiotics immediately. I believe that this really proves how important it was to get medical care ASAP and that assuming a more stringent approach would not have been correct.

May we all stay in good health, please God, but keep in mind the halachic options we can take advantage of if needed.

Using Another's Tefillin

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Some Hopkins students keep their tefillin in our beit midrash which is great because it means that they feel at home. May one who finds himself one day stranded without tefillin use one of those pairs?


The Mishna[1]presents a difference of opinions between Rabbi Yehuda and the sages regarding the responsibility for the breaking of a flask during an oil purchase[2]. The Talmud[3] understands that their argument is stemming from a much broader issue: is one who uses an object without the owner's knowledge considered a robber[4] [5].
Maimonides[6], the Shulchan Aruch[7] and all major codifiers rule in accordance with the sages' opinion, i.e. one who borrows an object without the owner's knowledge is a robber. The Talmud[8] seems to suggests that if a person barrows an object in order to fulfill a mitzvah the borrower would not be considered a robber. The reason for this would be that we can argue that the owner would be pleased that his property be used for such purposes. The Talmud rejects this possibility in conclusion and rules against it. Thus it seems to be clear that it is forbidden to use someone else’s tefillin without permission.


When can you use it?

Surprisingly, this issue is a little more complex. Rabbeinu Yossef Chaviva, the 14th century scholar, writes in his Nimukei Yossef[9], that one may use a talit[10] that is found in a place where people usually leave their talitot. His reasoning is that a talit is an object that is not harmed by a single use. The rationale of this ruling is that when the object won't be damaged we can accept the Talmud's above-mentioned suggested understanding, i.e. when speaking of a tool that is used for a mitzvah we may assume that the owner would not object to it being used[11].
13th century Rabbeinu Peretz ben Rabbi Eliyahu[12] adds to this and says that if the talit is folded one may not use it as this indicates that the owner is extremely conscious of adequately maintaining his possessions. However, another 13th century scholar, Rabbeinu Mordechai ben Rabbi Hillel[13], suggests an alternative ruling in a situation that the talit is folded: if the user will fold it back so that it is exactly as it was he is permitted to use the talit. It is important to mention that Rabbeinu Mordechai himself says that he is not certain that we can rule this way.
The fundamental rules that we can extract from these sources are as follows:
1. Generally speaking, one may not use someone else's objects without permission even with the intention of returning the object fully unharmed.2. When dealing with an object with which one performs mitzvot, if there is no harm whatsoever done to the object one may use it.3. If there is an indication that the owner is very strict about usage of his property, one may not use his possessions even for a mitzvah.
Rabbeinu Asher ben Yechiel[14] writes that the custom is to use another's talit and that if it was found folded it should be returned the same way, and the Shulchan Aruch[15] rules in accordance with this custom[16].The Rama (ibid.) adds that this is the case with tefillin as well, but not with books as they may be harmed by use.
On the other hand, both Rav Yechiel Michel Epstein[17] and Rav Yossef Chayim of Baghdad[18] write that in their time most people would not be pleased to know that someone used their talitot. Rav Yossef Chayim adds that the same is correct for tefillin and that he himself does not appreciate others using his tefillin.
Moreover, Rav Eliezer Waldenberg[19] says that even when borrowing tefillin directly from their owner one must be sure that the owner agreed to let him use the tefillin wholeheartedly, as sometimes people are disgusted by the thought of sweat being transferred from one person to the other via tefillin use[20]. This is to be done by listening intently to the owner's response and using intuition and common sense to assess whether or not the response was sincere. Now, how is one to do this if he is borrowing without the owner's knowledge?
Rav Waldenberg acknowledges that the Shulchan Aruch ruled that one may use another's tefillin, but he claims that this was relevant in the past when tefillin were much cheaper and therefore people weren't so strict about their use. Today when tefillin are so expensive people have greater reservations about other people using them.
I'd like to add two points that I believe have become an issue in today's world:
1. The method for creating tefillin in modern times involves innovative technologies, which enable a preciseness of shape that is truly remarkable and has never been reached in the past. Some people are more aware than others as far as caring for their tefillin and making sure the corners are unharmed. Thus we can possibly claim that it is forbidden to use someone else's tefillin as they may belong to someone who takes extra care for the shape of their tefillin.
2. Bathing is done much more frequently today than in the past. Many people in the western world shower first thing in the morning. If one puts tefillin on wet hair there is a chance that the shape will be ruined and even that water will erase the parshiyot. Some people are more aware than others of the importance of keeping one’s hair dry while using tefillin.
In my opinion, all the scholars that I have quoted agree that it has to be clear to the person who wants to use the tefillin that the owner would agree to it. To my understanding, their differences of opinions are rooted in their interpretation of different realities and situations. As I have shown, because there may be different reasons that someone would not agree to unattended use of his tefillin, it is very important that one who wants to use another's tefillin must take all of these issues into consideration.
I personally believe that each community should make its own rules regarding this issue so that members of the community know the full consequences of leaving their property in the public domain. I very much hope that we too will set these rules clearly and efficiently in our Hopkins community.

[1] Bava Batra 5:9[2] In ancient times, one who bought oil or perfume would bring his own utensils to the seller.[3] Bava Batra 88a[4] It is interesting to note that the Talmud uses the phrase ''gazlan" meaning robber as opposed to the phrase "ganav" meaning thief.[5] The Talmud explains the circumstances in the Mishnah to be such that a small child brought the flask to the seller and he, the seller, used the flask for his own personal benefit. In this case the owner of the flask is absent when the seller borrows it, and the child cannot be considered the owner's shaliach.[6] Hilchot Gzeila V'aveida 3:15[7] CM 359:5[8] Bava Metzia 29b[9] Halachot Ketanot [Menachot] Hilchot Tzitzit p. 12a[10] Prayer shawl[11] The object discussed in the Talmud is a sefer Torah which wears out with use as in those days it was used for studying which can be extremely extensive and intensive.[12] Sefer Mitzvot Katan 31 footnote 20[13] Halachot Ketanot [Menachot] Perek Ha’t’chelet 550[14] Chullin 8:26[15] OC 14:4[16] In regards to a talit[17] Aruch Hashulchan OC 14:11[18] Ben Ish Chai, Year a, Lech-Lecha 6[19] Tzitz Eliezer 12:7[20] But may still possibly allow it because they would be embarrassed to say no.

Definition of Tefilla B'tzibur

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The combination of davening with a small minyanon campus and of people running very tight schedules often times raises the question of how many men need to start the shmoneh esreh together in order to have a tefilla b’tzibur.
At first glance it seems clear from the language of the Rambam[1]that it is enough to have as few as 6 men start shmoneh esreh together for it to be considered a tefilla b’tzibur. The Rambam rules that if there are 6 men who did not yet daven they can add 4 men who already davenedand make a minyan. Interestingly though, some of the poskim understand the Rambam’s ruling differently.

What should we do before our minyan looks like this?


Rav Avraham Danziger in his Chayey Adam[2]writes that for davening to qualify as a tefilla b’tzibur 10 men need to start shmoneh esreh at the same time. The Mishnah Berura[3]seems to follow this ruling as he quotes the Chayey Adam and does not mention another opinion. Rav Moshe Feinstein[4]explains that this ruling does not contradict the abovementioned opinion of Rambam because he is referring to the repetition of shmoneh esreh alone as opposed to the silent amidah which he agrees must be recited by 10 men simultaneously in order for it to be considered a tefilla b’tzibur.
However, we find other poskim who take a different approach. Rav Betzalel Stern[4.1] discusses all of the aforementioned sources and argues that the Chayey Adam, upon which the rulings of the Mishnah Berura and Igrot Moshe are leaning, can be interpreted differently. Rav Stern claims that the Chayey Adam only meant to say that it is not enough for 10 men to davenseparately and then convene only for kaddish and kedusha, but still having 6 men start shmoneh esreh together would be sufficient for a tefilla b’tzibur. According to this, we can interpret the Rambam’s words by their simple sense without having to try and explain his otherwise ambiguous language[5].
It is said in the name of Rav Shlomo Zalman Orbach[6]that if acting stringently in regards to this issue may in turn create a situation where some people won’t end up davening with a minyanat all, it is preferable to rely on the lenient opinions. Therefore I believe that in our minyan on campus we should rely on the ruling that it is enough to start shmoneh esreh with 6 men if it seems that otherwise the minyanmay fall apart before the end of davening.


[1]Hilchot Tefilla 8:4. ואפילו היו מקצתן שכבר התפללו ויצאו ידי חובתן משלימין להם לעשרה והוא שיהיו רוב העשרה שלא התפללו[2]19:1.ועיקר התפלה בצבור הוא תפלת י"ח, דהיינו שיתפללו עשרה אנשים שהם גדולים ביחד, ולא כמו שחושבין ההמון שעיקר להתפלל בעשרה הוא רק משום לשמוע קדיש וקדושה וברכו, ולכן אינם מקפידים להתפלל ביחד רק שיהיה י' בבית הכנסת, והוא טעות גדול[3] On Shulchan Aruch 90 subparagraph 28[4]Igrot Moshe OC 1:28. See also responsa 29 and 30. [4.1] B'tzel Hachochmah 4:135[5]See Igrot Moshe ibid. who himself is aware of the problematic explanation he is offering to Rambam’s ruling. He ends responsum 28 with the abbreviation צ''ע meaning “this matter calls for further exploration”.[6]Halichot Shlomo 5:8

Communal Mishlo'ach Manot

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*Many thanks to Rav Binyamin Marwick for helping me find the sources mentioned in this article

Purim offers some great opportunities to reach out and touch another person's soul. One of those opportunities is the mitzvah of mishlo'ach manot. The basic mitzvah constitutes giving two portions of ready-made food to one person[1].
On campus we have organized a communal mishlo'ach manot in which you pay per person to whom you would like to give, but people receive only one package marked with the names of those who have chosen to give to them[2]. This way we can spend more money on charity than on candy bars[3]! As a matter of fact, independent of the issue of fulfilling mishlo'ach manotin this fashion, I have taken upon myself to make sure all participants will be at least fulfilling the mitzvah of matanot l'evyonim by way of distributing the charity money on Purim. The main question to answer is as follows:
Is one fulfilling the mitzvah of mishlo'ach manot by participating in such a project?
I was surprised when I did not find ancient sources that address this topic. I was expecting to find discussions regarding a group mishlo'ach manot because in times of poverty it would make sense for people to get together and perform this mitzvah. Nevertheless, it is clear to some contemporary scholars, such as Rav Shlomo Zalman Orbach[4]and Rav Ovadia Yossef[5], that partners can send mishlo'ach manot together.  The question is whether or not there are special requirements regarding this form of fulfilling the mitzvah.

How should it be done?

Rav Shlomo Zalman Orbach[6]is of the opinion that there must be at least two portions of food in the package that can be attributed to each of the participants. Therefore, according to him if there are 20 people who have paid to give a certain person, we would need 40 portions in that package and that is not practical. Thus according to him many of the students would not be fulfilling the mitzvah.
On the other hand, Rav Ovadia Yossef[7]discusses a situation in which many students got together and sent mishlo'ach manot to their rabbi. Rav Yossef rules that each of the participants has fulfilled the mitzvah of mishlo'ach manot even if they paid only a small sum because they have filled their leader with joy and that is the essence of the mitzvah. Therefore according to him participants it the communal mishlo'ach manot will be fulfilling the mitzvah(assuming the recipient will become joyful.)
If students would like to rely on Rav Ovadia Yossef, they have very broad shoulders to lean upon. Yet I believe that as this issue is disputed and not elaborately discussed, it would be preferable to take at least two portions of the mishlo'ach manot upon reception and give it to someone else in the community. This is a simple action to carry out and which will remove all doubt as to the validity of a communal mishlo'ach manot as well as possibly add some more friendship and joy to our community.


[1] Shulchan Aruch OC 695:4[2] Click herefor more information. [3] See Rambam Hilchot Megilla V'Chanuka 2:17[4] As quoted in Halichot Shlomo, Mitzvat Hapurim p. 337. To view click here.[5]  Chazon Ovadia, Purim p. 137[6] Ibid. [7] Ibid.

Calculating the Value of 5 Sela'im

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The Torah tells us that in order to redeem a firstborn we must use 5 Shaekalim(Numbers 18:16) which are called Sela'im in Talmudic terms. This has been calculated to be 96 grams of pure silver. The custom is to round it up to 100 grams to avoid any mistake in calculation.
Currently, the value of pure silver is measured in troy ounces. 100 grams are equal to 3.21507 troy ounces. One can find out the updated value of pure silver at the NY Times business section under commodities (look for 'metals'):
http://markets.on.nytimes.com/research/markets/commodities/commodities.asp

What do you do when you don't have these?


Thus, in order to figure out the sum of money needed for a pidyon ha'ben one must multiply the value of a troy ounce by the above mentioned figure. This calculation should be done on the day of the pidyon as the value of silver may change daily.
Exaple of the calculation on 4/4/12:
Value of silver – 3,325 cents per troy ounce.
3,325*3.21507= 10,690.1077 cents. Therefor the value of 100 grams of silver is 106.9$
There is a difference of opinion whether or not the redemption may be done with modern currency or do we have to use an object which is worth 5 sela'im. I consulted with my teacher Rav Yossef Zvi Rimon and he is of the opinion that cash can be used for the pidyon. The reason for this is that modern currency can be used everywhere and therefor it has an objective value just as any other object does.  

2 Ocak 2013 Çarşamba

Mary Lou's tour (come see my garden for yourself)

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Many of you out there in Orange County and Long Beach and elsewhere fondly remember a little nursery called Heard's Country Gardens. Tucked away in an odd quasi industrial area of Westminster sat a nursery that was the brainchild of Mary Lou Heard.  Filled with rare perennials, it captured the hearts of gardeners in the area.

Once when I was 15 or 16 years old I went to Heard's with my grandma to pick out some herbs.  I was visiting from Northern California and loved to see the variety of plants that the nursery had to offer.  There were few people in the nursery that day, and Mary Lou was grooming plants in the 4" area. I said to her "I love this blue eyed grass, it grows on my parents ranch", Mary Lou said something like "I like it too, it's one of my favorites", then I said something to the effect of "it's a tiny iris relative you know" and Mary Lou said plainly "no, it's not".  I then asked Mary Lou if she had a plant encyclopedia where we might check the plant's family. She showed me directly to the book.  I was right. Mary Lou offered me a job on the spot.  I told her the 500 mile commute would be tough and that I'd probably better finish high school.

Later when I was 19, I was living in the area and looking for work. I went and asked for the job she had offered me. She took my number and said she would call me. I heard nothing for two weeks. At this point I called and was asked "how can I help you" to which I replied "I want you to hire me".  She did.  And so began my career in horticulture.  At first I was just a leaf picker and a hose dragging waterer, but every week with the help of Mary Lou and others in the nursery I learned about plants. So many plants. Mary Lou kept such a wide variety around and sometimes there would be a flat of plants in one day and you wouldn't see them again until the next year or ever.  But I learned them all, or at least as best as I could.

I worked for Mary Lou for about 5 years, until she closed the nursery.  After two years of battling colon cancer she had to let the business go.  Later that summer she passed away.

There are countless stories I could tell about Mary Lou, but the thing that I want to share is that she had a pure love of plants and gardening.  That is why she started the garden tour.  Mary Lou always wanted it to be about real people and real gardens. She wanted people to be able to share their love of gardening with each other.

Today the garden tour lives on in her name.  It benefits a women's shelter, a horticultural scholarship and a cancer charity.

After all these years my garden will be on the tour, I think Mary Lou would be proud.  I hope you all can come see my garden this Sunday 10am to 5 pm.

Here is the info:

In case you forget, my name is Dustin

heardsgardentour.com

addresses for the tour

Here are some before and after shots.




Front yard early 2010


Frontyard 2012

Frontyard 2010
Frontyard 2012


Backyard 2010
Backyard 2012





In the category of flowers so large they're silly, relatively speaking of course... Stapelia gigantea

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Hi,

It has been such a long summer.  So much for autumn, the heat waves roll on.  I really do want to blog... Sorry for being away for so long.  And for those of you who asked, yes I will be blogging about my trip to Europe.  :)

Sometimes plants bloom even when you neglect and de facto abuse them.  Put sun plants in shade, shade plants in sun, water the dry plants and dry out the water plants. You might think I don't like plants. And there is much justification in the name of testing and discovery.  This is the case of my Stapelia gigantea. Given to me  a while back from my friends Sue and James of The Folly Bowl, I did have every intention of integrating this succulent into the garden, but the spots in the garden keep shrinking. So there it sat on the side yard in partial shade nearly rotting in moist potting soil... for about a year and a half!  Why did I finally take pity on it and move it to the sun? Pity I guess.

So, seemingly out of spite it bloomed this week. I've been watching the pregnant podlike blooms swelling for quite a while, waiting waiting waiting.  Yesterday it happened the alien was swarmed with flies. Yup, carrion scented, just what you want in the garden. Still, its a keeper.

If you want a cutting, let me know.








Introducing Encelia 'Gimbel's Gold'

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Working in horticulture for years, I am always looking for new varieties either in nurseries or out in nature etc.  Wherever I am I keep an eye for variations in habit and foliage.  Two years ago, while in hiking Griffith Park I noticed a strange stem on an Encelia californica, our beautiful and abundant brittlebush.  I snapped a little yellowy stem off of the plant and crammed it into a plastic water bottle.

Fortunately the cutting struck,  and after several months I took many more cuttings from that new plant.  This spring I planted several in the ground to see how they would perform. Below are some photos that I took this morning.  I think 'Gimbel's Gold' is a winner, what do you think?  I can't wait for the plant to be covered in those yellow daisies!  The only drawback is that the variegation only shows on the new growth.


Southern History: The Gentlemen's Agreement

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The Gentlemen’s Agreement
Thomas Allen

Under the Gentlemen’s Agreement between the North and the South, the South would let the North have the Presidency, and the North would redraw troops from the South. Furthermore, the Southern States would be allowed to govern themselves as they deemed appropriate and resolve their race problem the way that they thought best. The North would be allowed to control the government of the United States for the benefit of big business. This agreement held for forty years. (Today the North still controls the government of the United States for the benefit of big business although other parasites, such as big labor, academia, social engineers, and welfare victims have become attached along the way. However, the Southern States no longer have control over their domestic affairs.)

With the close of Reconstruction, the New South began to move into its own. That which made the South different must be destroyed. The South must be remodeled. Industrialism and commercialism must replace agrarianism as the way of life in the South.

In addition to remaking Southern society, the Southern mind must also be remolded. Southerners must be made to think like Yankees. Frank Owsley described this phase of the war to destroy the South as follows:
After the South had been conquered by war and humiliated and impoverished by peace, there appeared still to remain something which made the South different — something intangible, incomprehensible, in the realm of the spirit. That too must be invaded and destroyed; so there commenced a second war of conquest, the conquest of the Southern mind, calculated to remake every Southern opinion, to impose the Northern way of life and thought upon the South, write ‘error’ across the pages of Southern history which were out of keeping with the Northern legend, and set the rising and unborn generations upon stools of everlasting repentance.[1]
After having financed the destruction of Southern agrarianism, the Northern banking interest, often with the aid of the New South Southerner, kept Southern agriculture in bondage with the crop-lien system until well into the twentieth century. The crop-lien system compelled Southern farmers to grow one crop, the money crop for that region — hence, it was also known as the one-crop system. Farmers were forced to use so much land for the money crop that they often lacked enough land to provide their own food. Thus, they were driven further into debt to purchase their food. Over planting of the money crop kept prices low and farmers impoverished. This vicious debt cycle kept them in bondage for decades and eventually drove most of them out of agriculture. Eighty to ninety percent of the Southern farmers were entrapped in this debt cycle into the twentieth century.

With the passage of time farmland once again began to be valuable. Land mortgages began to supplement crop-liens. When hard times came, as they did in the 1890's, a number of these mortgaged farms passed into the hands of creditors, bankers, and merchants. Some farmers remained on “their” farms as tenants while others moved on to factory work. In 1880, 63 percent of all farms in the South were operated by owners. By 1900 only slightly more than 46 percent of all Southern farms were operated by owners.

As agriculture languished, manufacturing grew. Industrialism had supplanted agrarianism as the culture and way of life in the South. The New South Southerners had won. (One of the virtues of Southern manufacturing during the later part of the nineteenth century was that it was mostly financed by local capital and locally owned. Also during this period, and well into the twentieth century, most Southern industrialists, unlike many of their Northern counterparts, took a personal interest in the welfare of their workers.) Kendrick and Arnett described this change as follows:
. . . by 1900 the Old South was little more than a memory. Most of those who had remembered, perhaps over-remembered, its ‘glories’ had passed to the Glorious Beyond. Their places were being filled by modern ‘go-getters.’ Northern capital was responding to urgent invitations to exploit Southern resources, physical and human. Dependence upon Northern business connections was steadily growing. Imitation of Northern manners and customs had become the mode. The South had developed a veritable inferiority complex. It would now imitate the North. Even the best of its old life and traditions must now give place to relentless nationalization. If Toombs and Yancey had been supplanted by Grady and Aycock, Washington and Lee had given place to Babbit.[2]
By 1900 the North had thoroughly conquered the South as Kendrick and Arnett testified:
The war broke down physical resistance and brought outward changes in institutions, but it did not at the time break the spirit of the South, its reliance upon its own cultural standards and pride in its own way of life. By 1900, however, the South had become the willing and almost humble disciple of its one-time foe. Only a dwindling and impotent minority was left to question the dominant philosophy that the South’s way out was to imitate the North. Its cities must be like Northern cities, its schools and colleges like Northern schools and colleges. Atlanta must be the New York of the South, Birmingham the Pittsburgh, Spartanburg the Lowell, High Point the Grand Rapids, and so on ad infinitum. Northern culture and cultural standards were accepted at their own valuation. No Southern scholar, statesman, poet, novelist, or playwright could hope for recognition in his own section until he had first been recognized in the North. The South had no standards of its own, and only a puny, imitative culture.[3]
The New South Southerners had sold their souls and the soul of the South to the Northern money interest. They had subverted the South into a poor imitation of the North. (Even today New South Southerners continue their work of utterly destroying all that is uniquely Southern.) Nearly all the industrial development in the South after 1900 was financed and controlled by the North. By 1920 the Southern States had been reduced to little more than tributary provinces. The era of the Cold War had begun.

Most patriotic Southerners resisted this political effort to remake them. However, a new type of Southern was given birth during the First Reconstruction — the New South Southerner. (The New South Southerner is basically a populist scalawag. Carter L. Clews describes him, “. . . as something akin to kudzu — at first harmless-looking and seemingly beneficial, but relentless, thriving in any soil, and impossible to kill. This most representative product of the New South soon chokes out and overwhelms everything God intended to grow and prosper.”[4]) The New South Southerner lead the economic reform of the South. What politics failed to do, economics would do. The South would be industrialized like the North. Agrarianism would be replaced by industrialism. Northern wealth was too tempting for the New South Southern leadership. Francis Simkins illustrated the seductiveness of Northern wealth:
The Northern reformers who arrived in the 1860’s and 1870’s carrying carpetbags were driven out by Southerners armed with shotguns before these outsiders could make their projects effective. But a later generation of Northern reformers, coming mostly in the twentieth century, have experienced a different reception. Riding in expensive automobiles, emanating an aura of wealth, this later generation has, through lavish expenditures, received the enthusiastic co-operation of Southerners. They have introduced Northern ideals of literature, architecture, and landscaping, and have instilled into the Southern mind a definite preference for Northern concepts of civilization.[5]
Henry W. Grady, who was one of the leaders in developing the New South following Reconstruction, said that the South was “the last hope of saving the old fashion in our religious and political government.”[6] He warned Southerners to preserve and protect their traditional virtues and way of life although much of what the New South Southerners were advocating were inimical to these virtues and way of life. His warning was not heeded and probably could not have been if the dream of the New South was to be realized. The South’s religion and politics were too old fashion for the world that the New South Southerners were creating. As a result nearly all of the virtues of the Old South have perished.

Instead of reviving and recreating Southern economy, culture, and civilization, the leaders of the New South chose the lazy way of importing the Northern economy, culture, and civilization. The North was only too glad to comply. Such importation gave the Northern reformers another chance to remake the South in their own image. Along with industrialization came hordes of Yankee immigrants to manage the Southern economy and Yankee reformers to remold the Southern society into the image of Yankeedom. This economic and social assault has been largely successful. It has destroyed many unique aspects of the Southern way of life. This economic and social assault continues even today.

Endnotes
1. Frank L. Owsley, “Irrepressible Conflict,” in A Southern Treasury of Life and Literature, ed. Stark Young (New York, 1937), pp. 449-450.

2. Benjamin J. Kendrick and Alex M. Arnett, The South Looks at Its Past (Chapel Hill, 1935), pp. 140-141.

3. Ibid., pp. 142-143.

4. Charles L. Clews, “Bill Clinton and the Southern Liberal Mystique,” Southern Partisan, XIII (Fourth Quarter, 1993), p. 22.

5. Francis Butler Simkins, The Everlasting South (1963), p. 71.

6. Richard M. Weaver, The Southern Essays of Richard M. Weaver, ed. George M. Curtis III and James J. Thompson Jr. (Indianapolis, 1987), p. 345.

Copyright © 1995 by Thomas Coley Allen.

Striking 1920's Spanish

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This striking 1920's Spanish home is sited on a knoll with hillside views in Silver Lake. Mature trees provide privacy and a natural woodsy feel. Generous living room w/ barrel ceiling and gorgeous period sconces. Formal dining room. Chef's kitchen w/ 6-burner Viking range, wood floors. 2 bedrooms are upstairs and 3rd bedroom downstairs as a separate space, 2 baths. this house has such a nice warm feel to it, approx. 1610 sq ft, on a 5052 sq ft parcel. 2230 Meadow Valley Terrace, Los Angeles, CA 90039. Currently listed at $959,000.

1 Ocak 2013 Salı

Doctor's Appointment on Shabbat

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A student told me that he wasn't feeling well to the point where he feels he might have fever. The only time he could make a doctor's appointment for was Shabbat, and the next opportunity would be only on Monday. Is it permissible to go to the doctor on Shabbat (assuming the doctor is a  non-Jew, as the majority of doctors are non-Jews)?

It is a common misconception that it is permissible for a non-Jew to preform any type of action on behalf of a Jew on Shabbat. But the Talmudic scholar Rav Ashi (Babylonian Talmud, Shabbat 150A) assumes that it is forbidden to ask a non-Jew to do a melacha (an action which is prohibited on Shabbat) from which a Jew will benefit. Some commentators (such as Rashi and Meiri) explain that this assumption is based upon the Mishna (Shabbat 16:6) which simply states that one may not ask a non-Jew to put out a candle on Shabbat.

O.K. on Shabbat?

The Rambam (Hilchot Shabbat 6:1) interprets this prohibition to be a rabbinic decree. According to him, the reason this prohibition was established is that the sages were concerned that a person might be influenced to himself perform forbidden actions. The way I understand this reasoning is that if there were no prohibition, one would be able to spend the whole Shabbat along with his servant constantly doing melacha on his behalf. The atmosphere which is created through this process may cause one to to himself perform melacha.

 Rav Ulah the son of Ilai and Rav Hamnunah (Babylonian Talmud, Shabbat 129 A) teach that it is permissible to ask a non-Jew to preform any type of melacha on Shabbat on behalf of one who is sick. The Ran (Shabbat, chapter 14) adds that only one who is so ill that he must stay in bed is defined as sick. But the Magid Mishneh (Maimonides, Shabbat 2:10) writes that the actual definition of sickness is when ones whole body is affected by the sickness, even if he is not forced to stay in bed.

Rav Moshe Iserlish, the Ramah (Shulchan Aruch OC 328:17), rules in accordance with the Magid Mishneh and therefore it is permissible to go to a doctor's appointment on Shabbat when one is not feeling well to the point where he thinks he might have fever (even without actually checking it, as I believe this case qualifies as a sickness that affects the whole body).

It turned out that this student had a sinus infection and was given antibiotics immediately. I believe that this really proves how important it was to get medical care ASAP and that assuming a more stringent approach would not have been correct.

May we all stay in good health, please God, but keep in mind the halachic options we can take advantage of if needed.

Using Another's Tefillin

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Some Hopkins students keep their tefillin in our beit midrash which is great because it means that they feel at home. May one who finds himself one day stranded without tefillin use one of those pairs?


The Mishna[1]presents a difference of opinions between Rabbi Yehuda and the sages regarding the responsibility for the breaking of a flask during an oil purchase[2]. The Talmud[3] understands that their argument is stemming from a much broader issue: is one who uses an object without the owner's knowledge considered a robber[4] [5].
Maimonides[6], the Shulchan Aruch[7] and all major codifiers rule in accordance with the sages' opinion, i.e. one who borrows an object without the owner's knowledge is a robber. The Talmud[8] seems to suggests that if a person barrows an object in order to fulfill a mitzvah the borrower would not be considered a robber. The reason for this would be that we can argue that the owner would be pleased that his property be used for such purposes. The Talmud rejects this possibility in conclusion and rules against it. Thus it seems to be clear that it is forbidden to use someone else’s tefillin without permission.


When can you use it?

Surprisingly, this issue is a little more complex. Rabbeinu Yossef Chaviva, the 14th century scholar, writes in his Nimukei Yossef[9], that one may use a talit[10] that is found in a place where people usually leave their talitot. His reasoning is that a talit is an object that is not harmed by a single use. The rationale of this ruling is that when the object won't be damaged we can accept the Talmud's above-mentioned suggested understanding, i.e. when speaking of a tool that is used for a mitzvah we may assume that the owner would not object to it being used[11].
13th century Rabbeinu Peretz ben Rabbi Eliyahu[12] adds to this and says that if the talit is folded one may not use it as this indicates that the owner is extremely conscious of adequately maintaining his possessions. However, another 13th century scholar, Rabbeinu Mordechai ben Rabbi Hillel[13], suggests an alternative ruling in a situation that the talit is folded: if the user will fold it back so that it is exactly as it was he is permitted to use the talit. It is important to mention that Rabbeinu Mordechai himself says that he is not certain that we can rule this way.
The fundamental rules that we can extract from these sources are as follows:
1. Generally speaking, one may not use someone else's objects without permission even with the intention of returning the object fully unharmed.2. When dealing with an object with which one performs mitzvot, if there is no harm whatsoever done to the object one may use it.3. If there is an indication that the owner is very strict about usage of his property, one may not use his possessions even for a mitzvah.
Rabbeinu Asher ben Yechiel[14] writes that the custom is to use another's talit and that if it was found folded it should be returned the same way, and the Shulchan Aruch[15] rules in accordance with this custom[16].The Rama (ibid.) adds that this is the case with tefillin as well, but not with books as they may be harmed by use.
On the other hand, both Rav Yechiel Michel Epstein[17] and Rav Yossef Chayim of Baghdad[18] write that in their time most people would not be pleased to know that someone used their talitot. Rav Yossef Chayim adds that the same is correct for tefillin and that he himself does not appreciate others using his tefillin.
Moreover, Rav Eliezer Waldenberg[19] says that even when borrowing tefillin directly from their owner one must be sure that the owner agreed to let him use the tefillin wholeheartedly, as sometimes people are disgusted by the thought of sweat being transferred from one person to the other via tefillin use[20]. This is to be done by listening intently to the owner's response and using intuition and common sense to assess whether or not the response was sincere. Now, how is one to do this if he is borrowing without the owner's knowledge?
Rav Waldenberg acknowledges that the Shulchan Aruch ruled that one may use another's tefillin, but he claims that this was relevant in the past when tefillin were much cheaper and therefore people weren't so strict about their use. Today when tefillin are so expensive people have greater reservations about other people using them.
I'd like to add two points that I believe have become an issue in today's world:
1. The method for creating tefillin in modern times involves innovative technologies, which enable a preciseness of shape that is truly remarkable and has never been reached in the past. Some people are more aware than others as far as caring for their tefillin and making sure the corners are unharmed. Thus we can possibly claim that it is forbidden to use someone else's tefillin as they may belong to someone who takes extra care for the shape of their tefillin.
2. Bathing is done much more frequently today than in the past. Many people in the western world shower first thing in the morning. If one puts tefillin on wet hair there is a chance that the shape will be ruined and even that water will erase the parshiyot. Some people are more aware than others of the importance of keeping one’s hair dry while using tefillin.
In my opinion, all the scholars that I have quoted agree that it has to be clear to the person who wants to use the tefillin that the owner would agree to it. To my understanding, their differences of opinions are rooted in their interpretation of different realities and situations. As I have shown, because there may be different reasons that someone would not agree to unattended use of his tefillin, it is very important that one who wants to use another's tefillin must take all of these issues into consideration.
I personally believe that each community should make its own rules regarding this issue so that members of the community know the full consequences of leaving their property in the public domain. I very much hope that we too will set these rules clearly and efficiently in our Hopkins community.

[1] Bava Batra 5:9[2] In ancient times, one who bought oil or perfume would bring his own utensils to the seller.[3] Bava Batra 88a[4] It is interesting to note that the Talmud uses the phrase ''gazlan" meaning robber as opposed to the phrase "ganav" meaning thief.[5] The Talmud explains the circumstances in the Mishnah to be such that a small child brought the flask to the seller and he, the seller, used the flask for his own personal benefit. In this case the owner of the flask is absent when the seller borrows it, and the child cannot be considered the owner's shaliach.[6] Hilchot Gzeila V'aveida 3:15[7] CM 359:5[8] Bava Metzia 29b[9] Halachot Ketanot [Menachot] Hilchot Tzitzit p. 12a[10] Prayer shawl[11] The object discussed in the Talmud is a sefer Torah which wears out with use as in those days it was used for studying which can be extremely extensive and intensive.[12] Sefer Mitzvot Katan 31 footnote 20[13] Halachot Ketanot [Menachot] Perek Ha’t’chelet 550[14] Chullin 8:26[15] OC 14:4[16] In regards to a talit[17] Aruch Hashulchan OC 14:11[18] Ben Ish Chai, Year a, Lech-Lecha 6[19] Tzitz Eliezer 12:7[20] But may still possibly allow it because they would be embarrassed to say no.

Definition of Tefilla B'tzibur

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The combination of davening with a small minyanon campus and of people running very tight schedules often times raises the question of how many men need to start the shmoneh esreh together in order to have a tefilla b’tzibur.
At first glance it seems clear from the language of the Rambam[1]that it is enough to have as few as 6 men start shmoneh esreh together for it to be considered a tefilla b’tzibur. The Rambam rules that if there are 6 men who did not yet daven they can add 4 men who already davenedand make a minyan. Interestingly though, some of the poskim understand the Rambam’s ruling differently.

What should we do before our minyan looks like this?


Rav Avraham Danziger in his Chayey Adam[2]writes that for davening to qualify as a tefilla b’tzibur 10 men need to start shmoneh esreh at the same time. The Mishnah Berura[3]seems to follow this ruling as he quotes the Chayey Adam and does not mention another opinion. Rav Moshe Feinstein[4]explains that this ruling does not contradict the abovementioned opinion of Rambam because he is referring to the repetition of shmoneh esreh alone as opposed to the silent amidah which he agrees must be recited by 10 men simultaneously in order for it to be considered a tefilla b’tzibur.
However, we find other poskim who take a different approach. Rav Betzalel Stern[4.1] discusses all of the aforementioned sources and argues that the Chayey Adam, upon which the rulings of the Mishnah Berura and Igrot Moshe are leaning, can be interpreted differently. Rav Stern claims that the Chayey Adam only meant to say that it is not enough for 10 men to davenseparately and then convene only for kaddish and kedusha, but still having 6 men start shmoneh esreh together would be sufficient for a tefilla b’tzibur. According to this, we can interpret the Rambam’s words by their simple sense without having to try and explain his otherwise ambiguous language[5].
It is said in the name of Rav Shlomo Zalman Orbach[6]that if acting stringently in regards to this issue may in turn create a situation where some people won’t end up davening with a minyanat all, it is preferable to rely on the lenient opinions. Therefore I believe that in our minyan on campus we should rely on the ruling that it is enough to start shmoneh esreh with 6 men if it seems that otherwise the minyanmay fall apart before the end of davening.


[1]Hilchot Tefilla 8:4. ואפילו היו מקצתן שכבר התפללו ויצאו ידי חובתן משלימין להם לעשרה והוא שיהיו רוב העשרה שלא התפללו[2]19:1.ועיקר התפלה בצבור הוא תפלת י"ח, דהיינו שיתפללו עשרה אנשים שהם גדולים ביחד, ולא כמו שחושבין ההמון שעיקר להתפלל בעשרה הוא רק משום לשמוע קדיש וקדושה וברכו, ולכן אינם מקפידים להתפלל ביחד רק שיהיה י' בבית הכנסת, והוא טעות גדול[3] On Shulchan Aruch 90 subparagraph 28[4]Igrot Moshe OC 1:28. See also responsa 29 and 30. [4.1] B'tzel Hachochmah 4:135[5]See Igrot Moshe ibid. who himself is aware of the problematic explanation he is offering to Rambam’s ruling. He ends responsum 28 with the abbreviation צ''ע meaning “this matter calls for further exploration”.[6]Halichot Shlomo 5:8